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This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiqu* ci-dessous 10X 14X 18X 22X 26X 30X 1 12X 16X 20X 24X 28X ...'> 32X Tlw oopy to tiM flWMfOSlty of: Uniwwiity of BritMi Columbia Library L'oxompMra filing f ut roproduit ur$cm A la gAnArotM do: Univanity of Britiih Columbia Library Tho imagot appoaring horo aro tho boat quollty poaaHMo oonaMoHnf tho eonditlon ond loflbility of tho oriflkiol eopy and In kooping with tho fHniins contraot apoeif Icatlona. Original eopioo in printod popor eovors aro fllmod boginning with tho front oovor and anding on tho loat pago wHh a printad or IHuatratod Improa- aion. or tho took oovor whon appropriato. All othor original copioa aro fllmad baginning on tlio firat pogo with a printad or IHuatratod impraa* alon, and aMHng on tho loot paga wrlth a printod or Hkiatratod improaalon. Tho laet raeordod framo on oaeh mleroficlM ahoH contain tho aymbol «-4^ (mooning "CON- TINUED"), or tho aymbol ▼ (moaning "END"), whiohovor appllaat Mapa. pkitaa. eharta, ate., may ba fHmad at iMffarant raduetlon rotloa. Thoaa too larga to bo ontiroly Inoiudod bi ono OKpoaura aro fllmod boghmUng hii tho uppor lott hand comor. loft to right and top to bottom, oa many framoa aa raqulrad. Tha foNowIng diagrama llluatrata tha mothod: Laa imagaa auhrantaa ont M roproduHoa avac la phia grand aoln, compto tonu do la conditton ot do lo nottoti do I'OKomploiro fllmA, ot on conformitA ovoc loa condltlona du eontrat da fNmaga. Laa axamplalraa orlginaux dont lo couvorturo on poplar aat ImprlmAa aont fiimAa 9n commandant par lo promlor plat ot on tormlnont aoit par la damMro paga qui comporto uno omprointo dimpraaaion ou dlNuatratlon. aoit por lo aocond plat, aalon lo caa. Toua laa autraa axamplalraa orlginaux aont filmAa an common^ant par la pramiAro paga qui comporto uno omprointo dimproaaton ou dHluatration ot on tormlnont por la damlAra paga qui comporto uno tollo omprointo. Un doa aymboloa aulvanta apparattra aur la damiAra imaga da cliaqua microfiche, colon lo caa: lo aymbolo -^> aignlfia "A 8UIVRE". la aymbolo ▼ aignlfia "FIN". Laa cartaa, planchaa. tableaux, etc.. pouvent Atre fUmAe A doe taux da rAduction diffArenta. Loraque la document eat trap grand pour Atre reproduit en un aeul clichA. II eat fllmA A partir da I'angia aupAriour gauche, do gauche A droite, ot do hout en baa, en prenant la nombre d'imagea nAceaaalre. Lea diagrammea aulvanta muatrent la mAthodo. 1 2 3 1 2 3 4 5 6 HI y/M- ■ y ^^J T I '.^ >■/ y *-^^e .' c. TO HIS EXCELLENCY, LORD AYLMER, qOVSRNOH GENERAL OP LOWER CANADA, UPON THE POWER VESTED IN THE KINo's REPRESENTATIVE, TO ACCEPT OR REJECT THE SPEAKER PRESENTED TO HIM 3Y THE HOUSE OF ASSEMBLY. M Condemn tba fault and not the actor of It ? Why, every fault '• condemn'd, ere it be done, ^ Mine were the very cypher of a function, To find the faulta, whose fine atands in record, And let go by the actor. Shakspeare. BY FREDERICK J. M COLLAR D, BARRIITXR AT LAW. fM 1835. -n*' TO TO HIS EXCELLENCY, THE RIGHT HONORABLE, MATTHEW, LORD AYLMER, GOVERNOR IN CHIEF OF LOWER CANADA. MY LORD, In addressing this, the first of a series of Political Letters, on the present state of the Province, to your Lordship, I believe I am trespassing neither upon the respect due to your elevated rank, nor upon those forms and customs which bind society in its component parts together. I address your Lordship solely as the Governor General of the Province, and while I feel it my duty, in this letter, to avail myself of all those privileges which the law of the land secures to the subject, while I would bodly assert the right of the governed (constitutionally) to express their opinions upon the acts of their Go^'ernors, I trust I shall not for a moment forget that I address the Representative of my Sovereign, and that the high and important station which your Lordship holds among us, entitles you to respectful consideration, from all who profess Loyalty to A 2 the King, whatever may be their political creed, ot whatever their private or personal feelings. Permit me to say, my Lord, that the responsibility of this and my succeeding: letter?, belongs solely to myself, grateful- ly indeed do I acknowledge tliekindnc?s of those friends who h.;ve believed me capable of executing a task at once so difficult and delicate in its nature, and I must honestly avow, that without their kind approval I never should have ventured upon the publication of these Letters — yet as the sentiments expressed in them are entirely my own, as I receive no assistance in their composition from any Individual, it is but just that accountability (if any exist,) should rest solely with myself. — For the positions which I shall assume, for the assertions which I shall deem it my duty to make, I am as an individual accountable to any party aggrieved, and from a self-imposed responsibility, 1 trust I shall notfor a moment shrink. I have ever believed that it is one of the first duties of a writer, (if he boldly declares,) manfully to defend his principles, and while upon public men, and their political acts, I conceive, I have an undoubted right (always within the bounds of the law,) to express my opinions — my pen shall never attack private character, nor will I suffer that liberty, which I proudly advocate, to become a cloak for licentiousness,— while I claim the protection of the Law, for that which I believe to be a legal act, I conceive myself equally bound, as a member of society, by the laws of honor, and I claim no exemption from any responsibility which may attach itself individually to me, as the author of these letters. This declaration, my Lord, has been forced from me by circumstances, too long to enter into a detail of, too Bcd, ot ^ of this rateful- iids who once so honestly should i — yet as own, as •om any ly exist,) ts which deem it ountable -imposed ; shrink. St duties defend len, and ted right ;)ress my ;haracter, locate, to claim the je to be a a member jxemption dividually jm me by il of, too uniinpurtaiit to cluiin your Lordships attention. I shall therefore proceed at once to the immediate object of this letter, which is not so much to brinfif under consideration the actual political state of the Province; as to point out the influence which the acts of your Lordship must at this moment have upon the conduct of the People, and to prove the necessity that, now, more than evcr^ exists for decision on the part of those iu whose hands power is vested. It is, 1 believe, my Lord, admitted by every loyalist throughout the Province, that nothing but the united firmness of the British portion of the population and the constituted authorities, can preserve to Canada the blessings of that Constitution granted her by Great Britain. The Constitutional Associations recently formed in the Cities of Quebec and Montreal, and now in course of formation throughout the Province^ declare this, and these declarations proceed from intelligent and educated men, Men uninfluenced by passion, unswayed by prejudice, unactuated by party motives, and who, from the large stake which they have at issue in the Province, would never advocate tyranny on the one hand, or lawless insubordina- tion on the other. — We have declared ourselves united only for the purpose of preserving the Constitution. — And if we then are determined by a manly and resolute stand, in defence of our rights and liberties, and of the privileges granted to us by the British Government, to prove our fidelitv to tliat Government, if we resolve to resist all inno- vation unsanctioned by the parent state, if we preserve unimpaired our loyalty to our Sovreign, and our attach- ment to our institutions, if we determine not only in our own persons to yield to the laws our most entire obedience, but also to assist, if necessary, in enforcing the submission 6 of otltcis ; we liavc a right tu luok for firniucss and unflinching resolution in our Rulers, I suy that fronv your Lordship us a branch of the Legislature, representing, as you do, our most gracious Sovereign ; we demand that the spirit evinced by the British portion of the population shall be met by a corresponding feeling on the part of your Lordship. With the experience of the past before us, are we presumptuous in asking this ? with tlie knowledge that every concession to what are called Popular principles, has been followed by reiterated demands from the representa- tive branch of the Legislature. — 1 ask is it unreasonable on our parts to demand that a decided stand be now made in defence of the Constitution, and that the further progress of revolutionary principles be checked in a manner that shall leave us no longer in doubt as to the intentions of those who rule over us. We know that every act of your liOrdship is at this mo- ment pregnant with important consequences to the Colony. We feel that one false step may be irretrievable, and that a single act of weakness and indecision may be followed by years of anarchy and bloodshed ; feeling and knowing this, we ask of you my Lord, nothing but firmness and decision — an open, and as fares depends on your Lordship, consistent course of policy — a policy protective of British rights, maintaining British interests, supporting the prin- ciples of that Constitution under which we exist, and en- forcing from all persons, indiscriminately, obedience to those Laws by which we are governed. The approaching meeting of the Provincial Parliament by your Lordship is looked forward to by all classes with much anxiety, as your very first act of will be considered by many as indicative of the course of policy which wi'l H iicss and oni your >ntiiig) as 3 that the )pulatioii tof your re us, are ;dge that :i|)les, has presenta- easonable luw made V progress ,nner that DS of those it this mo- he Colony, rable, and e followed knowing oiness and Lordship, of British the prin- ,, and en- edience to Parliament lasses with considered which wi'l '. be pursued, and also &» a test ot the strength or weakness of the Government. We know that there is a power vested in your lordship, less as the head of the Executive than as the Representative of the Sovereign, and to the manner in which that power will be exercised wu look with some anxiety, as for an earnest of those acts which are to follow it. You will at once perceive, my Lord, that I allude to the acceptance or rejection of the Speaker, to be presented to you by the House of Assembly. Permit me to observe, that the person chosen to that high and important station is to be consideied as the elect of the elected, and the indi> vidual filling that office should be if not of irreproachable character, at least of undisputed loyalty. Far be it from me, my Lord,to establish an inquisition upon the private opinions of men ; but from those who aspire to public station, loy-, ally to their Sovereign, fidelity to the Government under which they live, ought at least to be demanded ; and under monarchical institutions, I humbly apprehend that no individual can be eligible for office who dpes not possej».s both the one and the other. Recent events, my Lord, render the choice of the Assem-. biy any thing but problematic. Few, I believe none, entertain a doubt as to the ined all the ly then at would ask, imposes on U a British n's appro- cent events name you ve made ?'* »rd Aylmer, Impossible, :i8t between ude to the ?oward ! the — 1 speak of into office Lord, lan« man profes- jent contem- ntative with other feelings than those of mingled pity and contempt* There is not a man in whose veins British blood flows, who can suppose your Lordship thus degraded, and not shed the bitter, burning tear of humiliation over the prostration to his Governor at the feet of the Demagogue leader. '< If, ray Lord, there is an individual who boldly and un- blushingly recordit, that^'theihead of that Government under which he liVes is corrupt, that his Sover9ign*8 representative Is the " soul of a faction." If a Member of the Legisla- ture can be found who has dedlared that the ** Governor's authority Is null in the hearts of all honest men." If a subject of the realm asserts, " that the Constitution has ceased to exist." Is this, my Lord, I would ask the man in whom authority is to be vested ? is this the individual who is to receive from the King's representative the King's approval — What!— Trea8on,and the Sovereign's approbation of the Traitor,strange anomaly! — incomprehensible state of things. When honor, truth, justice, the con ^' My Lord, one of two propositions is uruleniable.— These things have been \^ritten— and by this Man, either what is written is (rue or false, if true, then alas your Lordship has no alternative but submission. ' •' " ' '^'""^ •" ■' ^ ' ' . . r fi Corruption ever hides its guilty head, U ' J Apd stiriBlu . appalled before the gase of JiOQiesty." If I say it be true that the head of the Goyer^^iit Is cornipt.'-^If your Lprdsblp Js the $om1 of a f.iotipn, then my Lord— >! will not /even yet go as fi^* ^ ^he ar^h traitor, who pronounoes you so, and Fay tl^t 'Vyoqr B I 10 authority is null in the hearts of all honest men. No, whatever may be the ti^uth or falsehood of the charges made against your Lordship, you are still my Sovereign's representative.— I am the subject of England, and loyalty is part of my very nature. I must respect the office which you hold, though you hold it unworthily, and until you cease to represent my King, I will pay you the homage which under such circumstances would be due less to your public virtue than to your high station. But my Lord, if these charges be false, and from the Uell from which they emanate, few will doubt their false- hood — then will 1 say that you are wanting to a sense of your own dignity, of the duty which you owe your King, if you do not by an unqualified rejection of this man from all office, depending in any degree upon the Sovereign stamp the seal of falsehood upon his assertions ; must I go still further ? must I say that he has accused the King's representative as '* an accomplice in murder,** and as having " by an unconstitutional exercise of his powerf influenced unduly y the administration of justice in a criminal case.^' Take his own words as applied to your Lordship. ** The accomplice of magisterial butchers, who cooly and deliber* ately prepared traps in which three citizens were shot.** " By having enjoined the Solicitor General to change the direction of the Courts of Justice, by a partial interven- tion in the Coroner's proceedings— -thus rendering the criminal iiyunctions of an ignorant and despotic soldier, a rule of conduct for ignorant, slavish, and partizan officers of justice.'* As a Briton, my Lord, jealous of the charac- ter of that army, whose Ijlurels have been gathered in every quarter of the world, knowing the valour, the truth, and ■I even judice remen all fini throu^ intruc " sma I hi to th( a stror under 11 above all, the honor of those brave men, who have so often led our gallant troops to conquest, 1 proudly assert, that the character of a British Officer is above such aspersions. As a devoted loyalist, reverencing the constituted author- ities, venerating the person of my King, never will 1 believe such charges made by such a man against his representative ; indignantly do I hurl back the foul calumny in the teeth of the calumniator, boldly do I brand him as a liar ! reckless of his word ! false to his honor ! a Traitor to his country ! and a Rebel to his King ! ! I But, my Lord, what we as subjects may feel, you as a Governor must execute, confident in rectitude of intention, proudly jealous of your honor, one course only is open to you, — boldly and at once, refuse to confer your Sovereign's approbation upon one so totally unworthy of it. I feel and acknowledge all the responsibility which you thus incur, I know that you are accountable to many parties for your acts, and that the accountability is a strict one. I know that your Lordship has an account to render, not only to the people over whom you exercise a delegated authority, but also to the government whom you represent. I will not even deny your responsibility to the Individual most pre- judiced by your act, but I would entreat you, my Lord, to remember, that there is a tribunal to whose decision we must all finally appeal, that there is a voice which will be heard through the loudest roar of popuhr clamour, and will intrude itself amidst the softest whispers of adulation, the << small still voice of conscience.*' - • 1 have first asserted the responsibility of your Lordship to the people over whom you govern, but I would draw a strong and marked distinction between those capable of understanding, and consequently appreciating this act of B 2 19 i;i your Lordship, and a portion of (he population, who, from well known circumstances, cannot be considered as express- ing any opinion of their cwn^ I am no advocate of the doctrine of '^ the greatest happiness of the greatest number.'* I believe that in a liberal and enlightened goverment, there are other feelings to be considered, other interests to be consulted, than those only which ar^ expressed in what is called the popular voice, the more particularly when in mo* roents of excitation, it causes itself to be heard through a false or exaggerated medium. In the actual position of this colony, I consider the wishes of the numerical, majority, more than counterbalanced by the claims of the intellectual minority. We (I speak of that minority) are a reading and thinking community, accustomed from our infancies to see great events passing round us, the culture of our minds, (in most cases) assiduously attended to — the blessings of education, being generally diffused among us,-— we have become gradually familiarized, with important political questions, and capable of forming opinions upon them, and I believe I do not claim too much for men of British and Irish origin in this colony, when I say that we are a people of whom eacA man thinks fur himself. I surely need not point out to your Lordship the essential difference that exists in this respect, between us and the majority of our fellow subjects of Canadian origin. Cheerfully and willingly do I pay them the respect due to their many virtues. Their simplicity — their honesty — their integrity of character — their faithful discharge of the moral, social, and religious duties of life, command the good will and kind feeling of all who know them ; but alas, from lack of Education, this pliabil- ity of character^ this confiding simplicity, render them but the (00 ready dopes of (hat designing, heartless, and intriguing lo, from express- e of the number.'* •nt, there sts to be n what is sn in mO' through a ion of this L majority, ntellectual eiding and iciea to see Dur minds, )le8sings of ,— we have nt political them, and British and ire a people ly need no^ :e that exists r our fellow villingly do I lues. Their racier—their igious duties ig of all who (this pliabil- der them but ind intriguing party, of which this man, Papineatk, is the acknowledged head. I again assert, that if a voice be raised in condemna- tion of this act of your Lordship, it will be less the voice of the Canadian People than that of the Faction who mis-rep* resent them, wlio will see in this exercise of the Prerogative, the overthrow of those hopes which are founded, not upon their own strength, but upon our supposid weakness ; too long have they presumed, not only upon the apathy of the British Population, but upon the apparent want of sympathy between tts and our Governors, and upon the feebleness and vacillation which have lately charactized the proceedings of the Home Government, A salutary check, my Lord, will effect much, it will prove that the Government is not to be intimidated, that those powers which are vested in it for the general good, will be exercised with firmness and de-> cision, whenever the public weal requires it, and that no individual, (to whatever station fortuitous circumstances may have raised him,) will be allowed to brave the Laws, insult the constituted authorities, or advocate sedition with im^ It becomes, then, a question— how would the British por<* tion of the population receive this act of your Lordship. They would, to a man, approve of it, they would recognise in this proceeding, that strength of purpose, that flrmness in act, which is the basis of all good government ; too long have they seen their interests neglected, too often have their representations been slighted, and now, deprived of all share in the Representation of the Colony, they feel that th<>ir sole dependence is on then)selves,--~but proudly confident in the justice of the cause which they advocate, and knowing their own strength, they iiave offered their cordial co-^opetaiiDn to th^ Executive^ in the maintenance of the existing Constiiu- tl u '!?■ tion ; and, my Lord, will they not have good right to believe, ti his Majesty's approval be given to a man who has dared to assert, '•* that the Constitution has ceased to exist,'* that there is either u pitiable weakness in the Government, or •till worse, a criminal connivance between those in authority and this Man. The treasonable and seditious declarations of Louis Joseph Papineau have gene forth to the work! — no ingenuity can misrepresent, no sophistry palliate them — they stand in naked and unblushing deformity before us, and furnish in themselves the best proof of the fitness of the man fur the office which he will claim. These accusations of the Government and of its head have been widely cirCulated^ionin the illustrious individual who now sustains so prominent a part in the destinies of Ens^land. Muy the name of WEfiLiNGTON — the great — the glorious^-ihe im- mortal Wellington — the proud preserver of his country's honor in the field, but uh ! more glorious title ! her firm- est, truest friend in council ! — May this proud name act as a spell upon the destinies of Canada. — May the master mind, the noble, fearless character of ihe leader influence all in authority under him ;-^then shall truth and justice govern the land, and peace, happiness and prosperity prevail, m ■ Few words, my Lord, are needed to acquit yourself of any responsibility which may exist on your part, towards the individual most prejudiced by your Lordship's act. No proof can be stronger than that which he has furnished again^it himself — no evidence mure conclusive of his thorough un- worthinesn, than that contained in his Address to the Electors of the West Ward of Montreal. By his own assertions do you judge him— from his own declaration condemn him — He has stamped upon his own brow the mark of infamy- He has been the suicide of his own reputation, and convicted by his own act, he cannot blame that impartial justice which condemns him; not upon the asfiertions of others, but upon the evidence furnished by himself. Finally, my Lord, to you I appeal, as to the Judge in :I6 M' )rotir own oaie, fbi* eiei^ iqan it natvimily the eonservttor q^ Jiis own honors Whatever iniiy b« tii.s public sMtiomt- ^vli^ ever his rank — his naipe— or pride of birlh. to the d«ci8ion of one Tribunal, he must appeal his aces, that of ** tHvnor ••!« judKe«hd nnplm of ItMlf." and if this, principle be A Mcred lie—the L«W of Klaiir'a ■■»>;■') I ■• The noble mM'* diaUnKuhblnff iMrf^eiictn/' . ' t .. there can be little doubt as to the decision to which it will lead your.Lordship. Before 1 conclude my Lord, permit me to obsenre^ that iff I haveerred in publicly expressing the sentiments «QMti»ined ,in this Letter^ though my judgment may be impei|(^ed,,t m^ motives, I proudly say, cannot. If^Ihaye stepped from the ranks of private life, and given my dpinloris Vipion Public Men, and Political Matters, it was because, 1 beliered sn occasion existed for the expression of those opiQipnar.w-— rrf saw the Representative of my Spvereign insulted, and. vilified* (I believed unjustly,) and 1 thought it my duty, as a British subject, not only, to hold up his Slanderer to public tcom* but also, as far as in me. lay, to prove him iinworthy of public confidence, — in so doing, I have been actuated by no per.<* sonal motives, influenced by no private prejudices, I bavie pursued what I believed to be the plain straight-forwiird course of duty, aiid if in the execution of my sejftiiripofltfl >tAsk,I have been led jnto wacm.ch of ejspression, it-.h^si been because 1 conceived the occasion required it. The puolic principles by which I ami governed, are those of loyalty to my Sovereign-Devoted attachiiient to my Gountry---boih were finsulted in th^ir reprei^ntfktiweS) ,and under such cifciiin^ sianoeSjjBilence woula have.beeti cowardice.t-^ Whatever valnje may he attached to the statements which t have made^ they have, at leafit the merit of trttth,— the applkatiori of theM^ ' rests solely with your Lordship rand since, my Lofdj ailthfc -iiy is vested in yqur bands, n^y it be exeffcis«d m, ndim^f^^r that shall procure (or your Lordship, the approbatio'h ofjour Sovereign, the thanks of the loyal community over wnom >you g;overn, «nd the approving testmony of yoorbvwi con- 'Sfii^ce. I h^ve. the honor, to be, MyLord, Your Lordthip*s most * <' ' Obedient bumble Mtrvent* FRBDRICK J. M. COLLARD. rvttor q^ clffClBiofl fi'ofh the n Public iered •» d.vili6e4« iafiritiiih lie tcontt ofpublip f ,no per* a, I ha vie it-fdr«v«rd ftiaipoaed .h^aheen he public »lty lo my boih ware h GtfClll^ lever valnje nade^ iliey iof theM^ PdjamhfB- ohof j<\«f«f •ter Wnioni ribwn ccni' OLLARD.