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Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 6 6 THI THE RIVl A. ^ ^ C^!l^^r->^<^ THE QUESTION ANSWERED: "DID THE MINISTRY INTEISD TO PAY REBELS ?" IN A LETTER to HIS EXCE>LENCY THE RIGHT HONOURABLE THE EARL OF ELGIN AND KINCARDINE, K.T., GOVERNOR GENERAL OF BRITISH NORTH AMERICA, &o. &o. io. BT A CANADIAN LOYALIST. \'r')f\ \ y> I ^ \/ li t f ' W (^ "ROM FCBOAT FBCOATA, QUI NBOAT. ' JUontreal: ARMOUR & RAMSAY, R. & C. CHALMERS, AND JOHN M'COYj QUEBEC, P. SINCLAIR; THREE RIVERS, GEORGE STORES; 8HERBR00KE, W. BROOKS; BYTOWN. A. BRYSONi KINGSTON, RAMSAY, ARMOUR & CO.; TORONTO, g PQwggLL AND fiCQBIE fc BALFOUR: HAMILTON, WLMACKENDRICK; AND NIAGARA, J. SIMPSON. 1849. ,,, '* «► ! »",> J » .'.. - THE QUESTION ANSWERED: tt- IliJ> l\)t ittintetrg iulmir lo |)oa Ecbcb T k«r,W»» V _.%,■/* 5. IN A LETTER TO THE RIGHT HON. THE EARL OF ELGO AND KINCARDINE. To His Excellency the Right Honourable the E4RL or Elgin and Kincardine, K. T., Sfc. Sfc. 8fc. My Lord, It is by no means surprising that earnest endeavours should now be mnde, by some of the members of Your Lordship's Provincial Ministry, to induce the belief that, in the framing of the Rebellion Losses Bill, intro- duced by Mr. Attorney- General LaFontaine into the House of Assembly, and recently sanctioned by you in Her Majesty's name, the indemnification of parties actually in arras against Her Majesty during the Rebel- lion of 1837 and 1838, was never contem- plated. That such assertions should meet with ready credence from many of those who had previously given their political support to Your Lordship's present Ministry, and who either have had no opportunity of detecting the fallacy of such statements, or were deter- mined to act on the principle of •* Our party, right or wrong !" — was to have been ex- pected. But it is with much surprise and regret that I have found a similar belief publicly announced by a statesman of Your Lordship's experience, who could scarcely be supposed either so fur destitute of discern- ment as to bo the dupe of designing men, or 80 far forgetful of the dignity and impar- tiality of your high office, as to adopt with- out examination the opinions of a party. The Official Gazette of the 19th May, con- tained an Address of Condolence to Your Lordship from certain inhabitants of the County of Hastings, to which was appended a Reply, in the following terms: — Gentlemen, — I heartily thank you for the noble tribute which you bear in your numerously signed Address to the justice and impartiality which have charactorised my administration of the Government. These qualities are, I firmly believe, the real cause of the hostility which has been directed against ine. I came to the Province with the determination to allow to the Constitution, which has been guaranteed to you by the faith of the Imperial Parliament, its full action, and to recognise in tho inhabitants of all classes faithful subjects of the Queen, entitled to the equal enjoyment of the rights and privileges of free Britons. I can endure without repining whatever reproach I may be subjected to in such a cause. But the people of Canada have much at stake in the solu- tion of the question which the foes of their liberties have attempted to raise, and the unanimity with which they are coming forward in the support of the Gov- ernm.ent, shews that they are conscious of its impor- tance and real character. Even if the measure of Indemnity to which you refer had been more objectionable than it is, it would still have been the duty and interest of ail lovers of true freedom and of order, which is amongst its most valuable fruits, to protest against the outrageous as- saults on the fundamental principles of Constitutional Government, for whifh it has been made the pretext. But I am bound to say, in justice to the large majority of your Representatives, by whom this Bill was sanctioned, that it is my firm belief that they did not intend, in passing it, to countenance Rebellion, or to compensate the losses of persons guilty of the heinous crime of treason ; but that their purpose was to make provision for the payment of the wanton and un- necessary destruction of properly, which is tho cruel, though, perhaps, inevitable accompaniment of civil warfare, claims which had been already recognized by the deliberate acts of preceding Parliaments and Gov- ernments. Under this conviction I assented lo the Bill, and in this spirit only could I ever consent, as the head of the Executive Government, to effect it. ELGIN & KINCARDINE. The passages which I have italicised in the above reply, have given rise to the im- ( -I THE QUESTION ANSWERED. pression, in the minds of very many of Her Majesty's subjects in this Piovince, that Your Lordship had descended from the dignity of the Vice-Regal Throne, to enter into the arena of political and party strife. This opinion— so derogatory to those qua- lities of "justice and impartiality" which Your Lordship claims as peculiarly charac- teristic of your administration — I am in- deed reluctant to adopt, and would rather persuade myself that Your Lordship's advi- sers, desirous of screening themselves under the shelter of your name, have for that pur- pose misrepresented to you the real facts of the case, and concealed from your know- ledge those opinions to which, at an early stage of the " measure of Indemnity," they openly gave utterance in the House of As- sembly. Under this impression, my Lord, I beg leave humbly to submit for your consi- deration, a few extracts from the addresses so delivered and from authentic documents bearing on the subject, which will, I trust, bear the conviction to Your Lordship's mind, as well as to that of every honest and re- flecting man who may peruse them, that the intention of tlie framers of the Rebellion Losses Bill was undoubtedly to "compen- sate the losses of persons guilty of the hei- nous crime of treason." Before proceeding, however, to this por- tion of the task which I have assigned to myself, permit me to recall to Your Lord- ship's recollection a few of the circumstances that preceded the introduction into the House of Assembly of the Bill in question. In the month of March, 1848, a change took place in the composition of Your Lord- ship's Cabinet, and the Baldwin-Lafontaine Ministry assumed the reins of power. A large majority of the Representatives in the Provincial IlQuse of Assembly gave their support to ^he new Administration, and, even by those politically opposed to them, every disposition was showii lo afford them a fair trial After a very brief Session, the new Parliament— the result of whose meeting had been their advent to power — was pro- rogued, in order to afford time for the pre- paration of those measures which might be deemed necessary to advance the interests of the Province. Ten months sped on, and at last it was announced that the Ministry were prepared to meet the Provincial Parliament, which was accordingly summoned together in the month of January last. The interval that had thus elapsed had been one of peace and tranquillity in Canada, in spite of a general stagnation of trade and the various evils consequent thereon. Among the people of the Province a strong feeling had arisen in favor of legislative ac- tion for the encouragement and protection of Provincial manufactures. Men of all races and of every shade of political opinion united for the promotion of a cause in which they considered the welfare of the Province to be involved. Canadians of every descent —French, English, Irish, and Scotch— laid aside those petty jealousies which had kept them asunder, and met together as fellow- workers in a common cause. Personal and social intercourse bid fair to produce their almost inevitable effects — mutual esteem and kindly feeling ; the estrangement which the events of 1837 and 1838 had engendered between the British and French portions of the population of Lower Canada, was fast dying away; and a large majority of both seemed prepared to work together with en- ergy and concord for what they deemed the common weal of the country. This, my Lord, was the season chosen by the Liberal Ministry to introduce the Rebel- lion Losses Bill, thus lighting up anew the fast waning fires of discord, and effectually checking that union which some, at least, of their number, looked upon with dismay and dread. Mr. LaFontaine as well as several of his colleagues, had gone to the hustings at the previous election, pledged to maintain the principles of Free Trade. He now conse- matter. Tim QUESTION ANSWERED. )se meeting —was pro- r the pre- 1 might be interests of on, and at listry were 'arliament, d together apsed had in Canada, I of trade t thereon, le a strong islative ac- otection of if all races d opinion B in which 3 Province Ty descent otch — laid 1 had kept as fellow- rsonal and luce their isteem and which the ngendered •ortions of I was fast y of both • with en- eemed the chosen by the Rebel - anew the effectually it least, of ismay and several of ustings at iintain the ow conse- quently found himself occupying a position, and necessitated to take a course, which would array against him a large and influential body of those to whom he owed his elevation to place and power, unless he disregarded his solemnly recorded pledges, or could devise some other means of extricating himself from so awkward a dilemma. In this view of the matter, I see little reason to doubt that the hope of alienating from each other the two sections into whicli the advocates of protec- tion were, by national origin, divided, and the fear of being outbid and forestalled, in the contest for popularity withjjhis countrymen, by a rival demagogue, were the considera- tions which encouraged i^r. LaFontaine to indulge his natural sympathies with those who had taken part in ** the unhappy occur- rences" of '37 and '38, (as your Lordship's Ministers are now pleased to style the Rebel- lion,) by bringing forward a '* measure of indemnity," principally intended for their benefit and behoof. In one, at least, of these objects, he was but too successful ; the events of the last three months, consequent on the intioduction of this measure, have done more to sunder the French and British population of Lower Canada, than the last ten years had done to bring them into friend- ly feeling towards each other. What arguments Mr. LaFontaine employ- ed to gain the concurret\ce of his colleagues in the measure, and Your Lordship's con- sent to its introduction into Parliament, lean only guess at; that they were deemed urgent and powerful is shown by his ultimate suc- cess. There is, however, sufficient evidence to prove, in my opinion, that lie was not unopposed by other members of the Ministry, and that, even after their consent had been won, (very reluctantly, it is whispered, in some cases,) a considerable time elapsed be- fore the Hon. Attorney General (East) could muster sufficient courage to lay the matter before Your Lordship. The Hon. W. II. Merritt, President of Your Lordship's Exe- cutive Council, addressed a letter to his con- stituents on the 6th March last, in which the following passage occurs: — " On becoming a member of the Government, I foutid the payment determined on by the Administra- tion. My fir st impression was, I confuss, against it: but I soon became convinced that they (the Ministers) had no alternative. — [^Montreal Pilot, QQth March, 1849.] Mr. ]\Ierritt was gazetted, on the 16th Sep- tember, at which time, as above stated, the measure of indemnity was under considera- tion in the Council; and had Your Lordship been informed of the proposed measure pre- vious to the meeting of Parliament on the I8th January, four months afterwards, I can scarcely suppose it would have been passed over unnoticed in the Speech with which you opened the Session, while so many mat- ters of comparatively minor importance were announced. Parliament had not been long in session, when it was rumoured abroad that a propo- sition to pay the losses incurred in 1837 and 1838, including those suffered by parties then in arms against the Sovereign, would shortly be laid before the House. The report was not unfounded. On the 1 3th day of February, Mr. LaFontaine sub- mitted to the Legislative Assembly certain Resolutions on the subject of the Rebellion Losses, which he proposed that the House should consider forthwith in Committee of the Whole. It was urged in opposition, that the measure had taken the country by sur- prise, and that no time had been afforded to allow an expression of opinion from places at any distance from Montreal. A motion was accordingly made for ten days delay, which, after a week's animated debate, was lost by a mnjority of 3G; and on the 20th February, the Assembly resolved itself into Committee of the Whole to consider the proposed reso- lutions. In the course of these debates, scarcely an attempt was made to conceal the intention of the Ministry to indemnify those who had been cngag(!d in the Rebellion ; on the con- ';!1 If THE QUESTION ANSWERED. tiary, such an intention was openly avowed by several of the speakers on the Ministerial side of the House j and of these admissions I will now proceed to bring a few under Your Lordship's notice. I. By some of these speakers the payn7ent of Rebels was defended, on the ground that IT WAS HIGHLY INEXPEDIENT NOW TO EN- QUIRE WHO WERE, OR WHO WERE NOT, RE- BELS. 1. In the debate of the 13th February, for instance, the Hon. Malcolm Cameron, a mem- ber of Your Lordship's Administration, pro- tested against all enquiry on the subject : " He (Mr. Cameron) trusted there would be no Star Chamber scrutiny as to whether a man was loyal or not; the question was whether property had been wantonly destroyed or not. The people of Up- per Canada were satisfied to i3ay."—lMontreal Pilot, Utk February, 1849.] 2. He was supported by the Hon. Francis Hincks, another member of Your Lordship's Administration, who, in the same debate, made use of the following expressions: "It appeared, from what the hon. member stated, that he had no objection to the payment of what he had called the just claincs fur Rebellion Losses; .and yet, at the same time, was very indig;nant, as was also the hon. member for Fronteiiae, that any person who was not, in their phraseoiofjy, a loynlist, should be paid. In reply to that, he would merely have to quote the words of his hon. friend, the member for Kent, who had asked if they were going to establish a Star Chamber Commission, to try who was loyal and who was not."— [Montreal Pilot, 14//t February, 1849.] 3. Mr. Hincks repeated this argument in even stronger and more unequivocal terms in a circular issued by him, under date of the 10th February: " It may happen that patties were engaged in the rebellion who were never convicted of high treason, and who, therefore, wodld not bi: excluded un- der THE Act. I believe the amount of such claims would be very small in proportion to the whole amount; and it would be very injudicious indeed were the Legislature, for the sake of excluding them, to sanction a false principle, and to allow any set of Commissioners to decide arbitrarily that men were rebels who had never been convicted of high treason." — [Montreal Pilot Extra, 2ii(h February, 1849 ] 4. In the same circular, Mr. Hincks writes as follows: — .» ,- ,,..,,. j.,..j,..,CTi I'-j yay a sniiling- to any in- dividual who has been convicted of high treason; but, m dealing with the question, it is impossible to deter- mine who were and who were not Rebels."— [Montreal Pilot Extra, 26ih February, 1849.] 5. The Hon. Wm. H. Merritt, President ol your Lordship's Council, thos spoke in the debate of the 1 5th February: — "A general amnesty has since been proclairaedf and could we draw an odious and invidious distinc- tion, at this late day, to create dissatisfaction? We trust all are now good and loyal subjects; it is our duty to keep ihem so, and not disturb the harmony which now happily prevails. From the results of my own personal experience, I feel it would be very diffi- cult to draw those delicate distinctions between those called loyal and disloyal."— [Montreal Pilot Extra, •26th February, 1849.] 6. During a subsequent debate similar language was used by the Hon. Robert Bald- win, a fourth member of Your Lordship's Administration : — "He agreed entirely with his Hon. friend from Norfolk, that after an Act of Amnest.v, it would bo disrespectful to Her Majesty, and an outrage on the man seeking compensation, to enquire what part ho took at the time of ihe troubles."— [Monirca/ Piht, 28th February, 1849.] 7. Lewis T. Drummond, Esq., Solicitor General for Canada East under Your Lord- ship's present Ministry, not content with supporting the opinion of Mr. Baldwin, as given above, carried the principle to an ex- tent which I should hope even that gentleman would hesitate to adopt. Speaking of the convictions recorded in the Courts Martial against parties taken in the act of rebellion, he said: — " lie hoped the time would come when these de- cisions would be reversed, but let it be done in a con- stitutional way. It was no business of the House to say who were guilty of high treason, /or the Act of Indemnity had done away with all that. In technical liinguage, the persons pardoned were in the same position as before."— [Mo7itreal Pilot, 28th Februaru. 1849.] " And yet, my Lord, these very persons have induced your Lordship to believe that they had no intention " to compensate the losses of persoris guilty of the heinous crime of treason," while in the House of Assembly as Your Lordship will perceive, they had denounced as "impossible," "very injudici- ous." " a Star Chamber scrutinv^" " n false principle," "an outrage," to the claimant. THE QUESTION ANSWERED. Bible to deter- — [Montreal , President 3 spoke in proclairaedi liuus distinc- jctioii ? We cts; it is our he harmony results of my be very diffi- letween those Pilot Extra, te similar bert Bald- Lordship's friend from it would be trage on the vhat part ho mtreal Pilot, , Solicitor our Lord- tent with aldwin, as to an ex- ^entleman ng of the 8 Martial rebellion, jn these de- ne in a coD- he House to the Act of [n technical 11 th(.' same h February, y persons lieve that usate the ous crireie Assembly they had ■ injudici- " a falss claimant. and "disrespectful to Her Majesty," any enquiry which would tend to " exclude under the Act " parties who had been " engaged in the Rebellion." II. Another line of argument used by deba- ters on the Ministerial side of the House, was> that it was unjust to withhold compensation from those who had been Rebels, because the injustice and oppression of the British and Provincial Government had OCCASIONED that REBELLION. 1. In the debate of the 13th February the Hon. Francis Hincks, inspector General, thus defended the Rebellion of 1837 and 1838:— " The hon. gentleman had shown great indignation against those individuals who had taken up arms in 1837 and 1838, but he would ask who was responsi- sible for disturbances, but the hon. gentleman oppo- site, and the party whom he supported? (Ironical cheers from the opposition.) Yes! Those were the parties whom he would have held responsible, and he was confirmed in that opinion, by the expressed declarations of two nrtble lords from England; one of whom had declared explicitly that from the un- constitutional manner in which the Government was carried on, the people were perfectly justified in taking up arms to oppose it." — [_Montreal Pilot, I4,th Feb- ruary, 1849.1 2. William Hume Blake, Esq., Solicitor General for Canada West under Your Lord- ship's present Ministry, spoke as follows, in the debate of the 15th February : — " From the first period of British interference in the affairs of Lower Canada, up to the time of Lord Durham, every species of oppression was freely prac- tised. The admmistration of justice was perverted ; property was not sacred; and worse still, aye, a thousand times worse, a loyal but contemptible and pitiful minority, seized on every office in the gift of the crown and trampled on men far superior to them- selves in every sense of the word." — [^Montreal Pilot, Uth February, 1849.] 3. In another part of the same speech, Mr. Blake, in a tone and spirit which must, I am sure, be repugnant to Your Lordship's feelings, compared the Loyalists of 1837 and 1838, to the Jews, who had hurried " the great founder of our religion to the cross" : — " He had no sympathy with the spurious loyalty of the hon. gentlemen opposite, which, while it trampled on the people, was the slave of Court — a iGy&ity wiiicii, ironi nhc tmirn ,p fUjj j>i«ti '.".J ,f fi>, ivorld down to the present day, had lashed humanity into rebellion. (Cheers.) With such loyalty, he for one could have no sympathy. He would not go to ancient history, but he would tell the hon. gentle- men opposite of one great exhibition of this l^alty; on an occasion when the people of a distant Koman Province contemplated the perpetration of the foulest crime that the page of history records — a crime from which Nature m compassion hid her face and strove to draw a veil over; but the heathen Roman lawgiver could not be induced by peijured witnesses to place the great founder of our religion upon the cross. |' I find no fault in him," he said. But these Provin- cials, after endeavouring by every other means to effect their purpose, had recourse to this spurious loyalty— "If thou lettest this man go, thou art not Caesar's friend." (Cheers.) Mark the loyalty; could they not trace it in this act? aye, and over- come by that mawkish, spurious loyalty, the heathen Roman Governor gave his sanction to a deed whose foul and impure stain eighteen centuries of national humiliation and suffering have been unable to efface. ('Cheers.) This spurious, slavish loyalty was not British stuff, (cheers); this spurious, bullying loyalty never grew in his native land. If, after years ot struggling to obtain their rights, they found a doc- trine so detrimental to the views advanced by the Government, the blame was much lessened, for it was more deserving of being denounced as rebellious than the efforts to set it aside. There sit the loyal men, [pointing to the opposite side of the House,] who shed the blood of the people, and trampled on their best and dearest rights."— [jWonr I'lc Coiirh Martial, 10 THE QUESTION ANSWERED. and some six or seven who admitted their guilt and were sent to Bermuda ?— No Reply. Col. Pkince then said, " Will the hon. Attorney General East, answer the questions seriatim ? I will read theia to him again or place them in his hands if he pleases, and 1 hope he will answer thera as candidly as he did that of the hon. Member for Frontenac. Mr. LaFontainb.— The questions have been asked and answered over and over aR;ain. If the honor- able pentlemen wish to open the debate again, they are rt'elcoine, but the questions have been asked over and over again, Mr. Baldwin. — Yes, over and over again. Colonel Trixce.— If the honorable gentleman will only^nswer those questions, so that I can inform my constituents, I will promise him not to speak on this question again during the whole session. Mr. LaFontaine.— They have been asked and answered during the debate before, and they need not be answered now, unless the honorable gentle- men wish to debate it again. Col. Prince.— Then I must take it for granted, that the Attorney General refuses to answer them. I understand that iie will make no answer to them.' ■—[Montreal Gazette, 7th Match. 1849 ] Can it for a moment be supposed, that if the Ministry could have answered — "No- we do not intend to pay Rebels !" these clear and decisive questions would have remained for a moment unanswered ? II. One or two of the speakers, more ho- nest, or less cautious, than the rest, boldly avowed that Rebels would be paid, without considering it necessary to gloss over or jus- tify it. 1. In the debate of the 20th, Dr. LaTer- riere, M. P. P. for Saguenay, and a supporter of the Ministry, thus spoke : " He would pa;/ all trim had suffered hy chance of u-ar, OK ON Tin; scakfold. The majority of the people ha iW ItKill TKEA»o:.-, OK iiANisiiED vo HvAOM I) \"—\ Montreal Pilot, 23rd February, 1849. j o. The Hon. Wm. H. Menitt, President of the Council, in his Circular uf the 6th March, avowed hia disapprobation even of the limitation made by Mr. Boulton : " Although the Government approved of Mr. Boulton s amendment, which excludes those who were sent to Bermud-i, I was prepared to voth FOB EXCLUDING NONE. The principle of paying those losses once "dmitted, no distinction should be made at this late day. After a general amnesty has been proclaimed, no man should be proscribed for the opmion then entertained."— [J/onrrea/Pi/o/. 30fA March, 1849.] Unless these gentlemen have adopted as a maxim that " language was given us in order to conceal our thoughts," I am at a loss to know what other interpretation can possibly be put on these declarations, than that every one— rebel or loyalist— was to be paid, " ex- cept," in Col. Prince's words, " the very few who were convicted by the Courts Martial, and some six or seven who admitted their guilt, and were sent to Bermuda." Some advocates of the Ministry point tri- umphantly to the exceptions given in the last sentence, us abundant evidence that there was no intention to indemnify Rebels ; but I think Your Lordship will see that, on the contrary, it is the very strongest argument for the existence of such an intention. " Exceptio firmat regulam" is a maxim familiar from our school-days. The exception proves the rule —and the very provision by Legislative enactment against the payment of a certain class of Rebels, clearly proves that every man engaged in the Rebellion, and not so excluded, must be held fully entitled to indemnification, on the same footing as the loyalist. It may legitimately be inferred, from the after introduction of this amendment, that it was o)-iginally intended to pay oven those whom its provisions went to exclude. But we are not obliged to resort to mere inference on this subject; the declarations in the Legis- lative Assembly in relation thereto, are suffi- ciently clear and explicit. During the debate of the 15th February, Dr. N(>lMnn. nnn of tlinco a r*n ■....«_,!., i..j — ■ 7 — '••tvi TT aiua Ci,uiUU = cd by the amendment, as having been sent to Bermuda, admitted in the presence of THE QUESTION ANSWERED. 11 tion even of Iton : roved of Mr. ics tiiose Hho iKED TO VOTH pie of paying ction should be al umnesty has proscribed for treal Pilot, 30tk idopted as a n us ia order at a loss to can possibly i that every 3 paid, ** ex- he very few rts Martial, tnitted their ry point tri- iven in the lie that there [lebels ; but that, on the rgument for " Exceptio iarfrom our ves the rule Legislative )f a certain t every man JO excluded, mnification, It. id, from the dnient, that even those ludo. But re inference i the Logis- o, are suffi- i February, „,i., 1..J 5 been sent presence of Ministers, and uncontraiicted by them, that he had a pecuniary interest in the proposed measure: — " Sir Allan McNab would ask thera if the claims banded in by certain parties, who had been also late- ly in arms against Her Mnjesty's Government, were the claims they intended to'pay? From their silence he would again suppose it t(. be bo. Well, if that was the case, 'he would say that the hon. Member for Riche- lieu, whose gallantry he admired as much as any man— (hear) — was on°i who ouj^ht pre-eminently to be satisfied; but, he must remark, that according to the rules of Parliament, the hon. gentleman ought not to give his vote on the occasion, an it was one in which his pecuniary interests were concerned. Dr. Nelson— (/jrf no< intend to do so." — [^Montreal Pilot, 16fA Februartj, 1849] And on a subsequent occasion — the 22nd February — in seconding the amendment of Mr. BouUon, by which his own direct claims woulcj be excluded. Dr. Nelson gave as his reason for so doing, that it wonV: facilitate the settlement of the claims of his friends and followers: — "Dr. Nelson wished sincerely that nothing should be given him, if that would prevent others from re- ceiving the payment of their just losses— and that whether the claimants were called loj/alists or rebels. If, by this amendment being carried, he[could get the measure through the House, he would be exceeding- ly hi ypy."—[^^fontreal Pilot, 23rd Februart/, 1849.] I doubt very much, however, whether this amendment of Mr. Boulton's, as in- corporated into the Bill, will have the effect of annulling all claims preferred on behalf of Dr. Nelson and those in similar circumstances If Your Lo'-dship will take the trouble to turn to the Act as passed, which is hereto append- ed,* it will be seen that Mr. Boulton's amend- ment is certainly incorporated therein, at the close of the Preamble, excluding from indem- nity all persons who have been convictrd of alleged high treason, and all who had been tran - sported to Bermuda. But on referring to the eleventh section of the Act, it will be observ- ed that the Comniissiori jrs have full power to enquire into " the several claims and de- mands tnhich have accrued,^ to " I lor lifa- jesty's subjects and others, by such Iomps/' Your Lordship's legal experience cannot fail to show you, that, under this clause, the creditors of any of these excluded parties can fyle their claim for the amount of loss accruing to them in consequence of the de- struction of the property of their debtors, or their transportation from this Province. This was evidently the view taken by the Hon. Mr. Price, Commissioner of Crown Lands, in the debate of the 15th February: — " He would put one case : was it just that the cre- ditors of a person engaged in the rebellion should suf- fer by damage done wantonlv, and nfter the rebellion was extinguished?"— [ili/onfoea/ Pilot, Uth Febru- ary, 1849.] And what amount of claims may be pre- ferred in one of those cases alone, mny be gathered from the statements of Dr. Nelson, in the debate of the 22nd February:-— *' Now, as to the claims made for his property, he had sent in n detailed account of the losses which iiad occurred, and which amounted to £23,000, of which £11,000 did not belong to him, but tohis creditors. He mentioned thpir names, and, as fir as his memory would serve, that was the amount. ♦ ***** ,^ lie therefore hoped the hon. member for Hamilton would not blame him if he did vote on this occasion : he did not do so for his own individual profit, but in order that people who had innocently suffered a heavy loss might at length have their claims satis- fied "—lAfontreal Pilot, 23rd February, 1849.J If, after the perusal of the various proofs I have had the honour of laying before you, any doubt should still exist in Your Lord- ship's mind as to the intention of your Ad- ministration to provide for the indemnifica- tion of Rebels, I have to request Your Lord- ship's attention to the proceedings of the Le- pislative Assembly on the 27th and 28th of February, when the Resolutions of Mr. La- Fontaine were reported to the House from the Committee of the Whole. A full extract from the " Votes and Proceedings" of that date will be found appended,* and the deci- sions come toon the various amendments then presented, must afford convincing evidence of the intentions, not only of the Ministry, but *S«« App«ndii, No. I. ?»§« 10. ! of the mn.ioritv of the RcsroHi'sitntivfa <^^ th"- People in Parliament. I would, however, *S«>e Appondijt No. H. Page ai. n THE QUESTION ANSWERED. specially bring under Your Lordship's no- tice the amendment of the Hon. Mr. Robin- SMi, proposing to exclude from compensation " ANT PERSON WHO WAS IN ANY MANNER IM- PLICATED IN THE SAID Rebellion, or who REFUSED, WHEN CALLED UPON, TO AID IN SUPPRESSING IT ;" and that of Mr. Wilson, who moved to insert the following words — " Nor any person who aided, assisted ok ABETTED THE SAID REBELLION, SHALL BE EN- TITLED TO ANY INDEMNITY." Both of these proposed amendments were REJECTED by a " large majority of Representatives," who thus openly refused to exclude from indemni- fication those who had "aided, assisted, or abetted the Rebellion ;" and yet. Your Lord, ship has been induced by your Advisers to believe — and to promulgate that belief— that this " large majority of Representatives" did not intend " to countenance Rebellion, or to compensate the losses of persons guilty of the heinous crime of treason." I have hitherto confined myself, as Your Lordship will observe, to the proceedings and debates in the Legislative Assembly; and with regard to the progress of the Bill through the Legislative Council, my remarks shall be very brief. The debates in that House were not unattended with points of interest, as regards the question in the solu- tion of which I am now engaged, but I shall only offer to Your Lordship's consideration the statements of one of the Honorable Mem- bers of the House, — the Hon. Robert Jones. You have doubtless not forgotten, my Lord, that this was one of the twelve gentlemen elevated to the Upper House, ' y the advice of your present Ministry, iu the course of less than six montlip, thus raising the number of members of the House from 33 to 4o. Mr. Jones, 08 might have been supposed from this appointment, is in general a supporter of the Minist.rinI policy, as well as n per- Bonuj iitid iiitininfc iViend of several of your Ministry; but on t!i" momentous question of the Htbulliuii Lijiincs IJi!!, he could not bend his conscience to vote for what he considered an " encouragement of acts of insubordina- tion," His manly and energetic speech in the Council, on the 14th March, is worthy of Your Lordship's attentive perusal, and I quote from it at some length, from a news- paper to which I must again have recourse, as the only notice taken in the Montreal Pi- lot is the following sentence, in its issue of the 16th : ''The Hon. Mr. Jonef, one of the new members, spoke against the Bill :" — " It appeared to liim that, bi/ (he Ml, all who were not excluded di/ the ptovinu, were clearly entitled to their claims, and justly too, under its provisions. If there had been no proviso, they might have believed the pro- Jessions of the Ministry ; but, since there had l»'cn a provision made to the bill, it should have gone a lit- tle further. As it stovd at present, it would admit the claims oj persons just as yuilly as those who utre ex- cluded, and if the simple terms " or all who "vere guilty of an overt act of rebellion," had bej'n added to tlie provision, he would have voted for it. And why did they not do this ? — it would have disarmed the opposition conclusively. Sut he had reason to know that no class of persons would be excluded who were guilty of overt acts of rebellion; and he knew that persona who had menaced his own life, who had at- tempted to destroy his property, and had harassed and distressed his family,wcre claimants, and he could not support their being paid. He could not give the bill his support, but, on the contrary, he felt himself bound to oppose it, because he felt i7 would include a class of persons some of whom he mentioned to one of the Afinistry ; THA'l MEMBER OP THE GOV- ERNMENT DID NOT DENY THAT THEY WERE GUILTY OF OPEN ACTS OF REBEL- LION. He (Mr. J.) said therefore that if the^ pro- fessed to treat those who upheld the constitution of their country and those who did their best to subvert the laws alike, they removed the landmarks of mor* ality, they encouraged acts of insubordination. Ho was happy to hear, however, from those who support- ed the measure, that they repudiated the rebellion of 1837-38 ; ho was happy to hear that they did not consider that the hand of oppression wc ighed heavy enough upon them to justify resistance to tho lawa of their country ^ for assuredly there were no cir- cumstances nt tho time of tho rebellion to justify re- sistance to tho laws of the land ; things had not ar- rived at that point at which resistance became justi- rtable, and if thoro was anything to justify & rebel- limi in 1837. there was assuredly nothing in 1838, when tho Imperial Government had sent out a High Comtnissioner to enquiro into their prievances, and whon the Commissioner had promised them redress. He considered tlmt there was no pretext, no ground whatever, for getting up a rebellion in 18S8, and he considered tlmt tho rebellion which broke out then WD.3 !iol!ii!i!f hut & foul con!ioirfi.cv to Uf^Mtrov ths lives and property of the loyal p«'opIo of tho country. He had butferod from that conspiracy, and he could not support^ measure to pay those persons who mt- temptetl to destroy his property and meditut* hi» THE QUEbriON ANSWERED. 1^ le considered insubordina- ic speech in 1, is worthy rusal, and I rom a news* ive recourse, yiontreal Pi- 1 its issue of p, one of the Bill :"— ', all who Were entitkdto ihcir ions. // there lieved the pro- !re had been a .ve gone a lit- !onM admit the who litre ex- all who ^t;re d been added for it. And lave disarnu-d had reason to excluded who 1 he knew that who had at- had harassed 3, and he could i not give tho e felt himself ould include a ned to one of THE GOV- aAT THEY 3F REBEL- tt if they pro- nnstitution of lest to subvert arks of mor« lination. He who support- tho rebellion thoy did not righcd heavy to tlio luW8 were no cir- to justify re- I had not ar- becauie jusfi- itify a rebel- ting in 1838, t out n High ipvnnco8, and hem redres.1, t, no ground 1838, and he ike out then finul rr thi: ' the country, md he could ions who at- meditate his life. By supporting such a measure, he thought he would be acting quite inconsistently with what he considered his duty, and what he considered neces- sary to preserve his peace and property in the coun- try."— [Monfrca/ Gazette, 19th March, i849.] On a subsequent occasion — the 14th of May — Mr. Jones reiterated his belief that the Ministry did intend to pay Rebels: — " He had come into this House predisposed to sup- port the Administratiou, professsing then to be, as ne was still, a liberal in his opinions. lie repeated he was disposed to support the Administration, so fur at least as he should consider their measures and policy might tend to promote the good of the coun- try. When the measure to which the question now before the House led him— he meant the Uebellion Indemnity Bill— was introduced into Parliament, as- suming, as he was constrained to do from its word- ing, that it embraced in its provisions all such per- sons as were not expressly excluded by one of its clauses, without reference to the part they had taken during the rebellions of 1837 and '38 ; but desiring to inform himself as to the correctness of his views of it, he sought light upon the subject from every possible source, and he must say that all the informa- tion ho could gather in regard to it concurred to satisfy him that he had taken a correct view of the measure. Ho was convinced that all, irrespective of the pirt they had taken during the rebellion of 1837 and '38, would be entitled to be indemnified under the proinsions of the bill, who were not excluded by the proviso contained in it, that is to say, he who had raised his arm to subvert the Queen's authority in the country, as well ns he who had done the came thing to support it, would indiscriminately be entitled to indemnity by tho bill, with the exception of those alone who were particularly excluded by the proviso made in the bill itself; consequently, he who had i>uff'cred loss through his rebellion and his own wicked acts, would be entitled to be paid such loss. He dis- tinctly recollected the remarks which fell from tho hon. Speaker on a recent occasion, adverted to by the hon. member who spoke before the last (Mr. James Morris), and he must confess that he was surprised to hear those remarks nt tho time thoy were made, because they were so much ut variance with every- thing ho had before heard from that hon. member or any other men>ber of the administration. Assuredly, had such views been entertained by those hon. gentle- men wAcn the bill was introduced into Parliament, thrij would have expressed them when it was under discus- sion in that house. There were three Hon. members of tho administration nresent on that occasion, neither of whom ventured to make any such decla- ration at that time. As the hon'ble member ( Mr. J. Morris) to whom he had alluded, had thought proper to advert to a statement made to him personally by the hvn. Speaker, which he said induced him to support the bill alliuled to, he (Mr. .Jones) would advert to what took place between himself and another hon. and dis- tinguished member of the Government, at a private interview, in contradiction to what the hon. member had stated as the views entertained by the administra- tion, expressed to him by tho hon. Speaker. At tho intuiview he referred to, after considerable conversa- tion on the nihjoct of tho Indemnity Wu h»d t«k«n place, and considerable diifurence of opinion had arisen between them in respect to it, IN ORDER THAT HE MIGHT NOT MISTAKE THE VIEWS OF THE HON. MEMBER OF THE GOVERNMENT, HE (Mr. Jones) HAD NAMED THREE OR MORE PERSONS WHOM HE AND THAT DISTINGUISHED MEMBER OF - '^E GOVERNMENT BOTH KNEW TO HA\ JJ BEEN ENGAGED IN OVERT ACTS OF TREA- SON AND REBELLION ; THAT THEY WERE PERSONS WHO HAD TAKEN UP ARMS TO SUBVERT THE GOVERNMENT ; HE ASKED HIM IF THOSE INDIVIDUALS WOULD BE ENTITLED TO INDEMNITY UNDER THE BILL ? THAT HON. MEMBER OF THE GO- VERNMENT WAS TOO HONEST AND TOO HONORABLE A MAN TO ATTEMPT TO DE- CEIVE HIM ; HE THEREFORE ANSWERED HIM CANDIDLY AND FRANKLY, THAT THEY COULD MAKE NO DISTINCTION, AND CONSEQUENTLY THOSE PERSONS COULD NOT BE EXCLUDED FROM BEING INDEMNIFIED FOR THKIR LOSSES, IFTHEY HAD SUSTAINED ANY. He should not have adverted to this circumstance had he not deemed it necessary t j do so, to meet the assertion openly mads by the hon. Speaker from his place in that house, and the statement of the hon. member who had based his opinions upon the information he had personally received from the same hon. individual." [^Montreai Pilot Supplement, I9th May, 1849.] No contradiction has ever been attempted of this frank and open statement, even by that member of Your Lordship's Adminis- tration (Mr. LaFontaine) who is generally believed to be therein alh'ded to. The ve- racity of Mr. Jones is above suspicion, and the proof here alforded that the framer of this unfortunate Bill contemplated the "in- demnification of persons guilty of the heinous crime of treason," is unanswerable and over- whelming. I trust that I have now established, to Your Lordship's satisfaction, the position I set out to maintain, — that the intention of your present Administration, in the intro- duction of the Rebellion Losses Bill, was to indemnify parties engaged in the Rebellion of 1837 and 1838. Should such be the case» I presume it will be apparent to Your Lord- ship that the meaning of the passage I havo italicised towards tho close of the Reply to the Hastings Address, undergoes a very im- portant moditicalion. Under the boHei', which Your Lordship's advisers had suc- ceeded in impressing on your mind, that the i f ! n't :4 THE QUESTION ANSWERED. measure of indemnity was never meant to apply to Rebels, the assertion that the claims therein provided for had been recognized by " preceding Parliaments and Governments," is a fairand correct one. Preced-ng Parliaments and preceding Governments have shewn every anxiety to compensate the hyal inhabitants of this Province for the injuries sustained at the hands of Rebels, or for the losses suffered in maintaining the authority of the Sove- reign; and a measure to provide for such losses as these, strictly excluding all who could be proved to have committed any overt act of rebellion, would have received the unanimous support of the British population. But if it be established that the Act lately passed involves the payment of Rebels, Your Lordship will admit that the statement al- luded to is no longer correct; the premises are changed, and the conclusion cannot re- main unaltered. But, my Lord, the false logic, which must be obvious to Your Lordship, seems to have escaped the notice of your Ministry and their supporters. There is an old story of ap advocate, whose client was defendant in an action of damages for the cracking of a kettle while on loan, and who thus stated to the Court his intended line of defence:—-" We are prepared to prove, my Lord— firstly, that the kettle in question was cracked when we received it; secondly, that it was whole when we returned it; nd thirdly, that we never had it all I" In like manner, the Ministry, by endeavouring to prove too much, fall into inevitable contradictions. Their line of ar- gnment may be fairly stated thus:—" We have not now, nor ever had, the slightest intention of paying Rebels ; but—the last Con- servative Government had fully determined to indemnify Rebels— and we arc only fol- lowing their example!" " The conleiiiplated Act for Lower Ca- nada,*^ says Mr. Hincks, in the appendix to j his eircuiar before alluded to, "is to be framed precisely in the same terms as that for Upper Canada, and, of course, to embrace the same description of claims." Let us ex- amine whether the promise thus given has been fulfilled. The evidence above adduced on the sub- ject has, I think, clearly enough shewn that under the lately passed Act, every one- rebel or loyalist-is entitled to claim com- pensation, with the exception of the few ex- cluded by Mr. Boulton's amendment. From the Preamble to the Act, 3 Vic. c. 76, passed by the Parliament of Upper Canada, previous to the Union, it will be seen what classes of persons were intended to be paid under it:— on the several hostile invasions of, and lawless aggressions upon this Province, at Various pdn? by iorei^ners and others from the United States of mrh"w **"''; If J^^bitantsof thisProvince sustained much loss and damage by the destruction of their dwelhngs, and other buildings and property, and by the seizure and carrying away of tSeir"^ property bl other Sfh "1!J"^^"' ^°d otherwise ; AndwhleJi TZfJ J' f'*^ '"habitants esser,(iall„ contributed to the effectual defence of the Province, by capturinjr many o< the rebels and invaders, by ^dUZinimZf and supplying meat, drink, lodging, clothing, arms and accoutrements and also conveyances for the M.hti* Forces and otherwise, and by perforrainc many important services in various ways, for which tZnr"°'5'?''"'°>" P-^'d °'- satisfied, and their claims and demands are still outstandine • And tt»Aerea«itisjustsnd expedient that all such claims and demands should be paid and satisfied, after the same have been ascertained in the manner herein- after men loned : We, Your Majesty's dutiful and loyal Sub ecto. the Commons of Ver clnado, "n JlZI Y ^•S"^"' assembled. tWefore humblj Does this look like an Act for the benefit of Rebels ?— Most assuredly not. The second section of the Act authorizes the appointment of Commissioners— . '1^'j^'u ^^y •L'^''" ^ '° ^"l"^™ '"to the losses sustamed by Her Majesty's subjects, and other resi- dents within this Province. rf«r.«j, and in con.eguenc* ojthe late rebellion and invasions, and also into the said several claims and demands which have accrued in respect of any loss, destruction, or damaso of property occa«V)ji«i Aj, violence on the part of%ria. anda or ptrates on the waters of the lakes or river, dividing this Province from the United States , and they, or a majority of them, shall ascertain and de- termine and allow the amount thereof rMnectiy-ly." A comparison of this section with the eleventh section of the late Act, as given ia THE QUESTION ANSWERED. is the appendix hereto, in which provision is made (the only specific provision in the whole Act) for losses occasioned by the vio- lence of those acting on behalf of Her Ma- jesty in the suppression of the Rebellion, will show whether the two Acts are "precisely in the same terms." By others of the Ministerial supporters it was asserted that the Bill would exactly follow in its provisions the Act passed in 1846, for the payment of the losses in Lower Canada. I annex the Preamble of that Act —■9th Vic, cap. 65— which proves that it was intended solely for the behalf of the loyal. " Whereas it is expedient to make provision for the payment of the sums ascertained by the fourth and mth lieports of the Commissioners appointed under the Ordmance of the Administrator of the Govern^ ment of the late Province of Lower Canada, and the Special council for the affairs thereof, passed in the farst year of Her Majesfy's Reign, and intituled, 'Mn yrdinance to authorize the appointment of Commis- nionera to investigate the claims of certain Loy\l Inhabitants of this Province, for Losses sustained tluring the late unnatural Rebellion :" iBe it therefore enacted, &c. Had that word, "Loyal,"— a word, my Lord, which has not yet lost its force and meaning with the immense mass of the Brit- ish population of this Province— had that single word been inserted in Mr. LaFon- taine's Resolutions, and in the Bill founded thereon— the measure would have met the cheerful concuirence of every (;rue-hearted Briton in Canada. The Act of 1846 was passed specially to authorize the issue of Debentares in pay- ment of the claims already reported on by the Commissioners appointed u ader the Ordi- nance therein recited; while the second sec- tion provides that both principal and interest of the Debentures so issued, shall be charge- able—not on the general funds of the Pro- viuce, but on tlio " Marriage License Fund of Lower Canada" I have searched in vain, both through Mr. Lafontaine's Resolu- tionn anri }iia THII A.. !«.. .^ .n • .. to that I have just quoted, and am therefore completely at a loss to kno v on what grounds Mr. Solicitor General Blake states, (as he does in the Montreal Pilot Extra, of the 26th February last,) thatthese Resolutions followed the precedent afforded by the previous Administration, « to the very letter." But with regard to the alleged intention of the Conservative Ministry to pay the losses of Rebels, I need scarcely do more than quote the arguments of the Hon. William Morris, President of Your Lordship's previous Exe- cutive Council, your official intercourse with whom cannot have failed to impress Your Lordship with a high sense of his honour and honesty, and must consequently give weight and authority to his statements. In debate in the Legislative Council on the 14th of May last, Mr. Morris made use of the following language:- — "Much had been said respecting the letter of in- struction .ssued from the late Provincial Secretary to the Commissioners, but he could give a distinct denial to the charge that the late Government ever in- tended to pay rebels; they never intended any such thing, (hear, bear;) and with regard to the letter alluded to, it ought to be borne in mind, that the steps taken at the time the letter was written, were merely preparatory, so that some idea might be formed as to the probable amount which was claimed so that they could be guided by the claims made as to the actually just and loyal losses. Had such a principle as paying the louses of those who had rebelled been decided on, he would not for a moment longer have continued a member of the administration. The claims made at that time, amounted to between £200,000 and £300,000, and the intention of Govern- ment was to approximate the claims made, strikine off all such as had rebelled; and the only reason 6f not settling snch claims as were just, was because of the large amount required oven for that. It was said the present bill was the same as the one passed for the payment of the sufferers by the rebellion in Ud- per Canada; but that bill was not passed for the uav- ment of the rebellious; and if the late Government had been interrogated respecting their intentions, in the same manner as the present Government had been tht answer would have been 'No, we are not going topau Marilm ^^^""^'"^ **'*''*'^ ^'^'•"W. lO^* And again, at a more advanced period of the debate, the same honorable gentleman said, that — " //(• held the same views, whilr n »i/^«a«.. „/ /i. adminutratiun, a* he had erpretsed in his mtec^.and would rather have left the ministry, than have allowed payment to any one who had been enifo^ed in the rebel- hon."~[ Montreal Weehly Herald, bth Mmj, 1840. j ! 'II w THE QUESTION ANSWERED. The assertion of Mr. Hincks, in his cir- cular of the 10th February, « that the mea- sure was forced upon us (the present Minis- try,) by our predecessors," is thus, I con- ceive, conclusively shown to be altogether groundless; but even could the Hon. Inspec- tor General prove all that he asserts, it would not alter the question at issue one whit. Those who oppose the present " mea- sure -of indemnity" would have been just as active and zealous in their opposition, had 4he insult been put upon them by a Ministry calling itself Conservative. The question is not between Conservatives and Liberals, but between loyalists on the one hand, and on the other rebels, or those who favour them. The Rebellion Losses Bill, while considered injudicious and unadvised by a large number of the French Canadian population, met with the heart-felt and warmly-expressed condemnation of nine- tenths of the British. I ask you, my Lord, to consider the Addresses received by Your Lordship on the subject, while the Bill was in progress, and to say whether the statement I have now made be not correct. As these Addresses were not honoured with a place in the Official Gazette, I cannot say what was their exact number, but I have good reason to believe that I am not far wrong in men- tioning eighty as the number of those pre- sented to Your Lordship against the Bill, and three— -2l\\ from French districts— in its favour. Much and deeply is it indeed to be re- gretted that, instead of the laconic curt reply, invariably given to the representations of those who had rallied round the Throne in the hour of danger, Your Lordship had not deigned to offer those assurances you now make, and which if given before the assenting to the Bill, would have been satisfactory enough as regards Your Lordship's own intentions. Your Lordship and Your Lord- Bbip'B Ministry, however, took no steps to allay fever of excitement raging throughout the length and breadth of the Province. The loyal population of Canada had seen insult after insult showered on their heads from the Ministerial Benches in the Legislative Assem- bly— insults, the grossest and most revolting, added to what they felt to be a tyrannous injustice. These insults, my Lord, were heaped upon them, because they had borne arms to uphold the Sovereignty of the Gra- cious Lady, whose Representative you are. Still, my Lord, keenly as they felt the insult — writhingly as they struggled under it— they only entreated of Your Lordship, that ycixx would leave it to Her to say, whether She were a-weary of their deep, devoted, long- tried love ; and they only entreated you to do what you have since proved you had a right :o do, by reserving for Home sanction, other Acts of vastly inferior importance, which had been passed through both Houses of the Provincial Parliament, and against which no one had ventured a single word of ixmonstrance. The 25th of April came ;— on that inaus- picious day, the evil counsels of Your Lord- ships's advisers prevailed, and the Rebellion Losses Bill was formally sanctioned in Her Majesty's name. The deplorable excesses that ensued in this City cannot be defended ; but their occur- rence can scarcely be matter of sui-prise to those who remember that the British of Montreal had, but eleven short years before, risen as one man to quell a «' foul unnatural Rebellion," and now, while relying on Your Lordship's assurance that their respectful remonstrances would receive " due conside- ration," suddenly found themselves called upon to contribute towards the indemnification of those who had aided and abetted in that Re- bellion. Throughout the British population of the Province, the announcement that the Loyal were to be taxed to pay the Rebel was received with universal indignation, although from the absence of the exciting causes ex- isting in Montreal, it was manifwted, fortu- THE QUESTION ANSWERED. 17 vince. The n insult after Is from the UiveAssem- st revolting, a tyrannous Lord, were Y had borne of the Gra- ve you are. it the insult Jer it — they t), that yoU hether She oted, long- ited you to you had a le sanction, mportance, oth Houses nd against 5le word of that inaus- ^our Lord- ! Rebellion ed in Her ued in this eir occur- 3urprise to British of trs before, unnatural on Your respectful e conside- alledupon ication of I that Re- lopulation t that the lebcl was fllthousrh Buses ex- ed, foitu- nately, in a calmer, though perhaps not less determined manner. Be not deceived, My Lord, into the belief that the feeling expressed in the petitions presented to Your Lordship against the Re- bel Indemnity Bill has died away. It is true that the Official Gazette proclaims the daily advent of Addresses to Your Lordship, the apparently numerous signatures to which I will not now stop to analyse, but many of which any loyalist in the Province could sign with a dear conscience. If Your Lord- ship, however, had paid any attention to the subject matter of the Addresses presented, you will have perceived that, (with scarcely an exception, and those generally from places which were the very centres of disaffection in 1837 and 1838,) no address ventures to mention, in terms of approbation, the "mea- sure of indemnity." This fact, my Lord, is very significant as to thefeeling of thecountry. We offer no objection to the amnesty pas- sed in favour of all those concerned in the Re- bellion; but to pardon is one thing— to pay another. We may surely demand, in the words used by George Canning thirty years ago *' If the Legislature has consented to bury in darkness the crimes of Rebellion, is it too much that Rebels, after eleven years, should forgive the crime of being forgiven ?" My Lord, my purpose in this letter has been principally to prove to Your Lordship, from incontrovertible, evidence that Your Min istry did intend to pay Reheh. Whether they will now do so or not is a more difficult question to determine. It may be that, like the Scholar of Cornelius Agrippa, they shrink aghast from the spirit they have con- jured up; it may be that they will for a time b^nd before the storm that now assails them. But, my Lord, litera svripta manet the intention, boldly and openly expres- sed, is still on record; and should circum- stances permit, who can dnnht that thev wi!! carry into operation these avowed views and intentions? Resides, their repentance would now be too late; the mischief is done. The Bill is now the law of the land, and until difialloiwed by Her Majesty, or amended by a succeeding Parliament, whatever Commis- sioners may be appointed to carry it out, dare not, at their peril, refuse the claims of those who, although they abetted the Rebel- lion, were fortunate enough to escape convic- tion or tnwsportation. And now, my Lord, let me once more earnestly crave Your Lordship's dispassion- ate attention to the arguments I have advan- ced, and the evidence I have adduced in their support. They are submitted in no petty party spirit, but with the sincere desire to set this matter in its proper light before Your Lordship and the country. It is with sorrow that I find Your Lordship entangled in the toils of party, and placed by injudi- cious counsel in a false position, which can scarcely be either maintained with justice or abandoned without dishonour. I beseech you, my Lord, think for yourself — allow no man to think for you, nor blindly believe any assertions, unsupported by evi- dence. Examine the Rebellion Losses Bill, in connection with the declarations made by Your Lordship's Ministry and their suppor- ters, and then, my Lord, determine whether it be a measure which comes within the scope of the instructions given, in 1841, by the present Premier of Great Britain, Lord John Russell, to the then Governor General of these Provinces : — " We have only to consider the means of binding Canada more firmly to this country — of developing her resources — of strength* ening her British population — of defending her territory — and of supporting and en- couraging the loyal spirit of her people." I have the honour to be, My Lord, Your Lordship's most obedient, A Canadian Loyalist. Montreal, 4th June, 1849. APPENDIX. Appendix No. I. rebellionTosses bill. [Copied from the Montreal Pilot.'] An Ast to provide for the Indemnification of parties in Lower Canada whose Property was destroyed during the Rebellion in the years 1837 and 1838. Whereas on the 28th day of February, 1845, an hunible Address was unanimously adopted by the Legislative Assembly of this Province, and by them presented to the Right Honourable Charles Theo- philus Baron Metcalfe, the then Governor General of the same, praying " that His Excellency would be pleased to cause proper measures to be adopted in order to insure to the inhabitants of that part of ?his Province formerly Lower Canada, indemnity for ju:t losses by them sustained during the Rebellion of 1837 and 1838;" And whereas, on the 24th day of No vember, 1845, a Commission of five persons wn", by His Excellency the said Governor General, -luly ap- pointed to inquire into such losses arising froii:. and growing out of the said Rellellion; And whereas, it appears by the Report of the said Commissioners, dated the 18th day of April, 1846, that " the want of power to proceed to a strict and regular investi- ♦* gation of the losses in question left the Commis- •| sioners no other resource than to trust to the " allegations of the claimants, as to the amounts and "nature of their losses;" And whereas, in order to redeena the pledge given to the sufferers of such losses, or their bona fide creditors, assigns, or ay ant -droit, as well by the said Address of the said Legislative As- sembly, and the appointment of the said Commission, as by the letter addressed by the Honourable the becretary of the Province, by order of the Right Honourable Charles Murray, Earl Cathcart, the then Administrator of the Government of the same, to the said Commissioners, on the 27th day of February, 1846, it is necessary and just that the particulars of such losses, not yet paid and satisfied, should form the subject of more minute inquiry under Legislative authority, and that the same, so fur only as they may have arisen from the total or partial, unjust, unne- cessary, or wanton destruction of dwellings, buildings property and effects of the said inhabitants, and from the seizure, taking or carrying away of their property and eflFects, should be paid and satisfied ; provided that none of the persons who have been convicted of high treason, alleged to have been committed in that part of this Province foraerly the Province of Lower Canada, ^since the first da^ of November, one thou- ^iiu eight hundred and tnirty-suVeU, or who having been charged with high treason or other offences of a treasonable nature, and having been committed to the custody of the Sheriff in the Gaol of Montreal, submitted themselves to the will and pleasure of Her Majesty, and were thereupon transported to Her Majesty s Islands of Bermuda, shall be entitled to f"y indemnity for losses sustained during or after the said Rebellion, or in consequence thereof : Be it theretore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the i-egislative Council and of the Legislative Assembly ot the Province of Canada, constituted and assembled by virtue of, and under the authority of, an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, « An Act to re- unite the Provinces of Upper and Lower Canada, and for the Government of Canada." And it is hereby enacted by the authority of the same. That, for the purpose of this Act, it shall be lawtul for the Governor in Council to authorize the issue of Debentures, payable out of the Consolidated Revenue Fund of this Province, at or within twenty years after the date thereof, respectively, and bearing interest at the rate of six per cent,, payable out of the said Fund on such day in each year as shall b3 therein specified, provided the total amount of the said Debentures shall not exceed the sum hereinafter mentioned. II. And be it enacted. That the said Debentures may be issued in such form and for such separate sums, respectively, as the Governor in Council shall deem expedient, and may be issued either to such parties as shall be willing to advance money for the same, or to parties to whom money shall be awarded tor compensation of losses under this Act, or who shall demand them in exchange for Debentures of like amount issued under the Act hereinafter men- tioned. ^JI- And be it enacted. That the holder of any Debenture issued under the authority of the Act passed in the ninth year of Her Majesty's Reign, and intituled, 'Mn Jet to provide /or the payment oj certain liebellion Losses in Lower Canada, and to appropriate the proceeds of the Marriage License Fund," may, on any day on which the interest on such Debenture is payable, have the same exchanged for a Debenture for a like amount to be issued under this Act, and the interest then payable on such De- benture shall at the same time be paid out of the said Consolidated Revenue Fund, and the proc^seds of so ranch of that portion of the Marriage License Fund arising in Lower Canada as shall not be re- quired to pay off the principal and interest of any unexchanged Debenture, shall form part of the said Consolidated Revenue Fund. IV. Provided always, and bo it enacted. That the Governor m Council may, at any time, by notice in the Canada Gazette, require that all the Debentures issued under this Act be presented at a time certain, and not less thua six months from the date of such APPENDIX No. I. 19 n committed to lol of Montreal, pleasure of Her iported to Her be entitled to during or after > thereof: Beit Most Excellent consent of the ative Assembly I and assembled f, an Act passed gdom of Great An Act to rc- Lower Canada, uthority of the ALCt, it shall be authorize the le Consolidated within twenty ly, and bearing payable out of ear as shall b? amount of the )um hereinafter lid Debentures such separate n Council shall either to such money for the all be awarded 3 Act, or who Debentures of reinafter men- holder of any t^ of tho Act jesty's Reign, the payment oj 'anada, and to rriac/e License he mterest on me exchanged le issued under a on such De- id out of the he proceeds of •riage License iiall not be re- iterest of any irt of the said ted, That tho I, by notice in le DobenturoH 1 time certain, } date of such notice, for payment of the principal and interest thereof in full ; and such payment shall be made ac- cordingly out of the said Consolidated Revenue Fund, and after the time so appointed no interest shall accrue on the Debentures which shall not be so pre- sented. V. And be it enacted, That the Debentures issued under this Act shall be distinguished from those is- sued under other Acts, and that separate accounts shall be kept thereof, and of all money expended under this Act ; and that such accounts shall be laid annually before the Provincial Parliament ; and that the due application of all money expended under this Act shall be accounted for to Her Majesty, through the Lords Commissioners of Her Majesty's" Treasury, in such manner and form as Her Majesty shall please to direct VI. And be it enacted, That it shall be lawful for the Governor to appoint five persons to be Commis- sioners under this Act, and from time to time to re- move them or any of them, and to appoint another or others in the place of any so removed, or dying, or resigning office. YIL And be it enacted. That each of the said Commisbioners shall, before entering upon the duties of his office, talte and subscribe, before any Justice of the Peace, the following oath : " I. , swear that I will faithfully and without partiality, fear, favour, or affection, per- form my duty as Commissioner under the Act inti- tuled, * An Act,' Sfc, (insert the title of this Act,) and that I will allow to each claimant under the said Act, neither more nor less than the sum which he is entitled to claim for compensation, according to the true intent and meaning of the said Act. So help me God." Which oath shall be entered on the minutes of the proceedings of the said Commission- ers, and make part thereof. VIH. And be it enacted, That it shall be lawful for the Governor from time to time to appoint a Clerk to tho said Commissioners, and the same to remove, and in case of any such removal, or of death or of resignation of office of the said Clerk, to ap- point another in his place ; and the Commissioners and their Clerk, shall receive for their services under this Act, and for their necessary expenses and dis- bursements, such compensation as shall be allowed by the Governor in Council, and no other fees or emoluments whatsoever ; and such compensation shall be defrayed out of the said Consolidated Re- venue Fund. IX. And be it enacted, That the amount of the Debentures to be issued under this Act, and tho amount of the said compensation to be allowed to the said Commissioners and Clerk, shall not exceed the sum of one hundred thousand pounds currency, which sum shall also include the sum of nine thousand nine hundred and eighty-six pounds seven shillings and two-pence, raised by Debentures issued under the said Act hereinbefore mentioned. X. And be it enacted. That it shall be the duty of the said Commissioners faithfully and without par- tiality, to inquire into and to ascertain the amount of the losses mentioned in tho Preamble to this Act, as those for which compensation ought to be made, and to report the same to the Governor of this Province. Xf. And be it enacted, That tho powers vested in, and duties required of, the said Comuiissiouerii, or of any three of them, under this Act, shall also extend and be construed to extend to inquire into all such losses sustained by Her Majesty's subjects, and other residents, within the said late Province of Lower Canada, and the several claims and demands which have accrued to any such persons by such losses, in respect of any loss, destruction, or damage oJ property occasioned by violence on the part of persons in Her Majesty's service, or by violence on the part of persona acting or assuming to act on behalf of Her Majesty, in the suppression of the said Rebellion, or for the pre vention of further disturbances, and all claims arising under or in respect of the occupation of any houses nr other premises by Her Majesty's naval or military forces, either Imperial or Provincial ; subject always to the limitations and exceptions contained in the Preamble to this Act. XII. And be it enacted, That the Commissioners appointed under this Act, shall hold their sittings publicly at such places and times, and for such coun- ties, parishes or other territorial divisions respective- ly, as the Governor in Council shall from time to time direct and notify to them through the Provin- cial Secretary, and shall give such public notice of their said meetings as they shall in like manner be required to give ; and at such meetings any three of the said Commissifmers shall be a quorum, and any report, award or proceeding in which three of the Commissioners shall concur shall be deemed to bo made or done by the Commissioners ; provided al- ways, that no sitting of the said Commissioners shall be held after the first day of September, one thou- sand eight hundred and fifty, and no c'.nira shall be received by them after the first day of May one thousand eight hundred and fifty. XIII. And be it enacted. That the said Commis- sioners shall have full power and authority to exam- ine upon oath (which oath any of them riay admin- ister) any person who shall appear btfor' them, either as a claimant or as a witness for or against any claim, or for the better information of the Commis- sioners concerning the siime ; and shall have full power and authoritj' to summon before them any person or party whom tliey may deem it expedient to examine touching any claim, and to require hini to bring with him, and produce any book, piiper, in- strument, document, or thing mentioned in the sum- mons, and supposed to be necessary to the determi- nation of any such claim ; and if any person or party so summoned shall, after due notice, refuse or neglect to attend before them, or being so summoned and attending, shall refuse to answer any lawful (juestion put to him by the Commissioners, or any one of them, or to bring and produce any book, paper, instrument, document or thing in his possos&ion, which he shall, by the suinmonsi, have been required to bring with him and produce, tho said Commission- ers may cause such person or party, if not already before them, to be apprehended and brought before them, and may, in their discretion, commit him to the common gaol of the District, for a peril d not ex- ceeding three months ; and any person making any wilfully false statement on oath before tho said Com- missioners, or any one of them, shall be adjudged guilty of wilful and corrupt perjury ; Provided always, that no claim shall be allowed u^on the outh of the claimant, unless he shall be corroborated in all the important particulars by indifferent and unsuspected witnestes, or other testiiuony. ^ A1»PENDIX No. n. XIV. And bo It enacted. That the said Commis- sioners shall, on or before the first day of September, one thousand eight hundred and fifty, report their proceedings to the Governor, stating more especially the sum they shall have allowed, for such losses as aforesaid, to each claimant respectively; and if the total amount of the sums so allowed, and the said sum of nine thousand nine hundred and eighty six pounds seven shillings and twopence, and the ex- penses incurred under this Act, shall exceed the sum pt one hundred thousand pounds, then the expenses incurred under this Act, shall be first provided for, and secondly the said sum of £9986 7s 2d., and the remaining sum shall be distributed among the claim- ants in proportion to the sums allowed to them re- spectively, by the Commissioners, or any three of them. ■' APPENDIX No II. REBELLION LOSSES BILL. EXTRACT FROM THE VOTES AND PROCEEDINGS OF THE LEGISLATIVE ASSEMBLY, ON Tuesday, 27th February, 1849. Mr. Henrt Smith reported the following Resolu- tions passed in Committee, on Friday morning last: lah K '1:r'^*'/i """ *'''28th day of February, 1846, an humble Address was unanimously adopted by the Legislative Assembly of this Province, and by tIZ IT'^T^ *" *¥ J^'«*'' Honourable Charles Theophilus Baron Mefcalfe, the then Governor Gen- »wLu h same, praying "That His Excellency would be pleased to cause proper measur. , to be "rfttrV'"p?K-^';,'*' >"""f '° '^^ inhabitants of that part of this Province, formerly Lower Canada, . » JI!:^p"i! T.-^'J'i'* '"'"^^ ^y ''""" sustained during • "the Rebellion of 1837 and 1838 " 2 ife«»/«;c(/,-Thaton the 24th day of November, 1845, a Commission of five persons was, by His Ex- cellency the said G..vernor General, duly appointed to inquire into such losses, arising from and growint^ out ofthe said Rebellion. fe'"»vinf, 3. i?Mo/i'erf,_That it appears by the Report of the f/^^. , •?"""*^'0"<'''V'ated the 18th day of April 1846 1 Hat the want of power to proceed to a strict and ^regular investigati.m uf the losses in question, left tiie Commissioners no other resource than to trust to the allegation of the claimants, as to the amount " and nature of their losses." 4. Resolved -'i'hfxtov, the 27th Feiiruary, 1846, a letter was addressed to the said Commissioners by the Honourable the Secretary of this Pn.vince, by order of the Right Honourable Charles Murray. Earl Cathcart, the then Administrator ofthe Government ot the same, stating, " That the nhio.'-.f. nf rh? F-~-u ||tive Governmenrin appointing "'the said CommYs- sion was merely to obtain a general estimate of the "Rebellion losses, the particulars of which should torm the subject of tnore minute inquiry thereafter, under Legislative authority." 5. Resolved,— ThoX in order to redeem the pledge given to the sufferers of such losses, or their bondjde creditors, assigns, or ayant droit, as well by the said Address of the said Legislative Assembly, and the appointment of the said Commission, as by the said letter so addressed by the Honourable the said Pro- vincial Secretary, it is necessary and just that the particulars of such losses not yet paid and satisfied, should form the subject of more minute inquiry under Legislative authority; and that the said losses so far only as they have arisen from the total or partial unjust, unnecessary or wanton destruction of the dwellings, buildings, property and effects of the said inhabitants, and by the seizure, taking or carrying away of their property and effects, should be paid and satisfied: Provided, that none of the persons who have been convicted of high treason alleged to have been committed in that part of this Province formerly Lower Canada, since the first day of November, 1837 or who, having been charged with high treason, or other offences of a treasonable nature, and having been committed to the custody of the Sheriff in the Gaol of Montreal, submitted themselves to the will and pleasure of Her Majesty, and were thereupon transported to Her Majesty's Island of Bermuda- shall be entitled to any indemnity for losses sustained during or after the said Rebellion, or in consequence thereof. ^ 6. Resolt)ed,—Th>it there should be issued, for such purpose, debentures to the amount of one hundred thousand pounds currency, payable out of the Con- solidated Revenue Fund of this Province, at or within twenty years after the date thereof, respectively, and bearing interest at the rate of six per cent, payable ""' "f the said fund, on such day in each year as shall be therein specified. 7. Resolved, — That the holder of any debenture issued under the authority of the Act passed in the fifth year of Her Majesty's Reign, intituled, " An " Act to provide for the payment of certain Rebel- " lion losses in Lower Canada, and to appropriate " the proceeds ofthe Marriage Licence Fund," should be entitled on any day on which the interest on such debenture is payable to have the same exchanged for a debenture for a like amount to be issued under any Act to be passed for carrying into effect the above re'- solutions; and that the interest then payable on such Debenture should at the same time be paid out of the said Consolidated Revenue Fund; and that the pro- ceeds of so much of that portion of the Marria"e Li- cence Fund, arising in Lower Canada, as shall not be required to pay off the principal and interest of any nnexchanged Debenture, should form part ofthe said Consolidated Revenue Fund. Hon. Mr, LaFontaine moved, that the question be now separately put on each ofthe said Resolutions Mr. Chauveau moved in amendment, that the said Resolutions be recommitted, with the view of leaving out the Proviso contained in the 5th resolution: And the House having continued to sit till after twelve o'clock on Wednesday morning; Wednesday, 2fi'A February, 1849. And the question being put on the amendment; the House divided : APPENDIX No. II. 21 which should liry thereafter, sem the pledj»e their bona fide ell by the said mbly, and the as by the said the sftid Pro- jiist that the and satisfied, inquiry under d losses so far tal or partial ction of the 3ts of the said S or carrying hould be paid e persons who leged to have ince formerly vember, 1837, h treason, or , and having Sheriff in the ss to the will re thereupon f Hermuda — sses sustained I consequence sued, for such one hundred t of the Con- J, at or within lectively, and 3ent, payable each year as ly debenture passed in the ituled, " An rtain liebel- > appiopriate und," should ?rest on such iohanged for h1 under any ;he above ro- table on such lid out of the that the pro- klarriage Li- i shall nut be terest of any rt of the said he question Resolutions that the said w of leaving lution: And after twelve ftmendmcni; Yeas: — Messieurs Chauveau, Davignon, Laurin, Papineau, Wilson. — 5. Nays :— Messieurs Armstrong, Bodgley, Attorney General Baldwin, Bcaubien, Solicitor General Blake, Uoulton of Norfolk, Boutillier, Brooks, Burritt, Cameron of Kent, Cartier, Cauchon, Cayley, Chabot, Christie, Crysler, DcWitt, Dickson, Solicitor Gene- ral Dnimmond,Duchesnay, Dumas, £gan, Fergusson, Flint, Fortier, Fournier, Fourquin, Gugy, Guillet, Hall, Holmes, Johnson, Attorney General LaFon- taine, LaTerridre, Lemieux, Lyon, Macdonald of Glengary, Macdonald of Kingston, MacNab, Mal- locb, McCounell, McFarland, McLean, Merritt, Me- ihot, Meyers, Mongenais, Morrison, Nelson, Notman, Polette, Price, Prince, Eobinson, Sauvageau, Scott of Bytown, Scott of Two Mountains, Seymour, Sher- wood of Brockville, Smith of Durham, Smith of Frontenac, Smith of Wentworth, Stevenson, Tache, Thompson, Viger, Watts, Wilson.— 67. So it passed in the negative. The first Besolution being then again read ; Hon. Mr. Catlby moved in amendment thereto, to substitute the following: " That in order to ascertain the extent of loss and in- •• jury inflicted during the years 1837 and 1838, upon '• the loyal inhabitants of Lower Canada, by violent " and lawless men, in arms against their Sovereign, an *' humble Address was unanimously adopted on the " 28th day of Februray, 1845, by the Legislative As- '• sembly of this Province, and by them presented to " the Right Honourable Charles Theophilus Baron " Metcalfe, the then Governor General of the same, " praying, ' That His Excellency would be pleased to *• * cause proper measures to be adopted in order to " • insure to the inhabitants of that part of this Pro- " ' vince formerly Lower Canada, indemnity for just " • losses by them sustained during the rebellion of " ' 1837 and 1838.' " Yeas : — Messieurs Badgley, Brooks, Cayley, Chris- tie. Crysler, Dickson, Gugy, Macdonald of Kingston, MacNab, Malloch, McConnell, McLean, Meyers, Prince, Eobinson. Seymour, Sherwood of Brockville, Smith of Frontenac, Stevenson, Wilson.- -20. Nat/s: — Messieurs Armstrong, Attorney General Baldwin, Beaubien, Solicitor General Blake, Boulton of Norfolk, Boutillier, Burritt, Cameron of Kent, Cartier, Cauchon, Chabot, Chauveau, Davignon, DeWitt, Solicitor General Drummond, Duchesnay, Dumas, Egan, Fergusson, Flint, Fortier, Fournier, Fourquin, Guillet, Hall, Holmes, Johnson, Attorney General LaFontaine, LaTerri^re, Laurin, Lemieux, Lyon, Macdonald of Glengary, McFarland, Merritt, Methot, Mongenais, Morrison, Nelson, Notman, Pa- pineau, Polette, Price, Sauvaugeau, Scott of Bytown. Scott of Two Mountains, Smith of Durham, Smith of Wentworth, Tache, Thompson, Viger, Watts.— 52. The four first Resolutions were then agreed to: Yeas: — Messieurs Armstrong, Attorney General Baldwin, Beaubien, Solicitor General Blake, Boulton of Norfolk, Boutillier, Burritt, Cameron of Kent, Cartier, Cauchon, Chabot, Chauveau, Davignon, DeWitt, Solicitor General Drummond, Duchesnay, Dumas, Egan, Fergusson, Flint, Fortier, Fournier, Fnnrnilin rilllllot Mall TTnlmn.. T>^l>,./\..nmr _ J . _J .J ...,„„^,„J „ ,. J General LaFontaine, LaTerriere, Laurin, Lemieux, Lyon, Macdonald of Glengary, McFarland, Merritt, Methot, Mongenais, Morrison, Nelson, Notman, Pa- pineau, Polette, Price, Sauvageau, Scott of Bytown, Scott of Two Mountains, Smith of Wentworth, Ta- che, Thompson, Viger, Watts, Wilson.— 5?. ^ Nays: — Messieurs Badgley, Brooks, Cayley, Chris- tie, Crysler, Dickson, Gugy, Macdonald of Kingston, MacNab, Malloch, McConnell, McLean, Meyers, Prince, Robinson, Seymour, Sherwood of Brockville, Smith of Durham, Smith of Frontenac, Stevenson. — 20. The fifth Resolution beingagain read, Hon. Mr. Caylet moved in amendment thereunto, to substitute the following:—" That Her Majesty " having recently, in the exercise of the Royal prero- " gative of merc;^, been graciously pleased to relieve " from the penalties of their treason, those misguided " men who rose in arms against their Sovereign in " 1837 and 1838, this House are of opinion that no " more fitting opportunity could be selected to secure " to those brave men, who, true to their allegiance, '* risked life and property in defence of their coun- " try, ample pecuniary compensation for the losses " they may have sustained, and that the particulars '♦ of such losses not yet paid and satisfied, form the " subject of minute enquiry, under Legislative autho- •' rity, for the purpose of satisfying the same." Yeas: — Messieurs Badgley, Brooks, Cayley, Chris- tie, Crysler, Dickson, Gugy, Johnson, Macdonald of Kingston, NacNab, Malloch, McConnell, McLean, Meyers, Prince, Robinson, Seymour, Sherwood of Brockville, Smith of Frontenac, Stevenson, Wilson. —21. Nays: — Messieurs Armstrong, Attorney General Baldwin, Beaubien, Solicitor General Blake, Boulton of Norfolk, Boutillier, Burritt, Cameron of Kent, Car- tier, Bauchon, Chabot, Chauveau, Davignon, DeWitt, Solicitor General Drummond, Duchesnay, Dumas, Egan, Fergusson Flint, Fortier, Fournier, Fourquin, Guillet, Hall, Holmes, LaFontaine, LaTernere, Laurin, Lemieux, Lyon, Macdonald of Glengary, McFarland, Merritt, Methot, Mongenais, Morrison, Nelson, Notman, Papineau, Polette, Price, Sauv4- geau, Scott of Bytown, Soott of Two Mountaii^s, Smith of Durham, Smith of Wentworth, T«^c^|f Thompson, Viger, Watts.— 51. Hon. Mr. Robinson moved in amendment to the said Resolution, that after the word "Bermuda," the following be inserted : — Nor any Fbrsos who " WAS IN any HANNEB UIFLICAXED IN IHB SAID " Rebellion, or who refused, when called " nPON, TO AID IN SDPFRBSSINa IT." Yeas : — Messieurs Badgley, Brooks, Cayley, Christie, Crysler, Dickson, Egan, Gugy, Hall, John- son, Lyon, Macdonald of Glengary, Macdonald 6f Kingston, MacNab, Malloch, McConnell, McLean, Meyers, Prince, Robinison, Seymour, Sherwood of Brockville, Smith of Frontenac, Smith of Wentworth, Stevenson, Wilson. — 26. Nays : — Messieurs Armstrong, Attorney General Baldwin, Beaubien, Solicitor General Blake, Boulton of Norfolk, Boutillier, Burritt, Cameron of Kent, Cauchon, Chabot, Chauveau, Davignon, DeWitt, Solicitor General Drummond, Duchesnay, Dumas, Fergusson, Flint, Fortier, Fournier, Fourquin, Guil- ! is lot TT^I ■■••7 ridre, Laurin, Lemieux, McFarland, Merritt, Methot, Mongenais, Morrison, Nelson, Notman, Papineau, Polette, Price, Sauvageau, Scott of Bytown, Soott 22 APPENDIX No. II. ill of Two Mountains, Smith of Durham, Tache, Thomp- son, Viger, Watts.— 46. ^ Mr. Wilson also moved in amendment to the said Kesolution, that all the words after "Bermuda" be left out, and the following inserted :— " Nor any II PERSON WHO AIDED, ASSISTED OR ABETTED TUB SAID " KEBELLION, shall be entitled to ANT INDEM- " NITY. 1 ■^'oL -—J^^ssieurs Bndgley, Brooks, Burritt, Cay- ley, Christie, Crysler, Dickson, Egan, Gugy, Hall, Johnson, Lyon, Mocdonald of Glengary. Macdonald of Kingston, MacNab, Malloch, McConnell, McLean, Meyers, Prince, Robinson, Seymour, Sherwood of Brockville, Smith of Durham, Smith of Frontenac, Smith of Wentworth, Stevenson, Wilson.— 28. Nays .•—Messieurs Armstrong, Attorney General Jialdwin, Beaubien, Solicitor General Blake, Boulton of ^o^folk, Boutillier, Cameron of Kent, Cartier, Cauchon, Chabot, Chauveau, Davignon, DeWitt, So- Jicitor General Druramond, Duchesnay, Dumas, Fer- gusson, Flint, Fortier, Fournier. Fourquin, Guillet. Holmes, Attorney General LaFontaine, LaTerriere, Laurin, Lemieux, McFarland, Merritt, Mongenais, Morrison, Nelson, Notman, Papineau, Polette, Price, bauvageau, Scott of Bytown, Scott of Two Moun- tains, Tache, Thompson, Viger, Watts.— 44. air. Prince then moved in amendment to the said Resolution, to substitute the following ;— "That this House, most solemnly and unequivo- " cally protesting against any measure that has for ' Its object, or that can directly or individually re- •' suit in indemnifying for losses those who were en- " gaged in or countenanced the late rebellion, is of " opinion, as well as desirous, that the loyal subjects ♦ of Iler Majesty, and no others, in Lower Canada, should be indemnified for the just losses they sus- *' tained, but that such losses should be paid by Low- *' er Canada alone, and from her own local resour- •|ces; and that Upper Canada and the Consolidated "KevenueFund of the Province should be wholly *' and entirely exempt from the burthen of any por- •| tion of those losses; because it would, in the opinion I of this House, be the height of injustice to saddle upon Upper Canada, and especially the Western I Districts thereof, any part of these losses, there having been no rebellion nor even any symptoms of "rebellion there; it being, on the contrary, a fact • that the peaceable inhabitans along that frontier • were the victims of various invasions, thereby suf- •^fenng seiious injuries and heavy losses arising out • of the rebellion in Lower Canada (and instigated • by emissaries and refugees from that section of the •Province); and because such just losses as have • been made good to those loyal subjects in Upper • Canada who suffered by reason of their manly de- fence of the Crown and their Sovereign's rights, II the British Constitution and the Laws of the Land, and who had become sufferers through the disloyal and disaffected in the Lower Province, were nobly "and generously defrayed by Upper Canada from her own local resources. And further, that this House, considering the vast im; cirtiin of the mea- I sure (both in apolitical and n^'..rHi view) m now proposed by the present AdaiU'-B-, . ion, -iad em- " braced in the nris'innl 1}«aninK.Ana „„i »£._„, .jj._ and pecular mode of introduc.ng it oy which the country has been taken by surprise, and also con- sidering the impoverished and embarrassed state of ^^ the finances of the Province generally, which has ^^ put a stop to our public improvements so much re- quired, IS of opinion that this measure ought not to be further proceeded with until a direct appeal has been made to the people, and their voice expressed in a proper constitutional manner." .. ^^o* .-Messieurs Badgley, Brooks, Cayley, Chris- Vf',, T .;9"^y' ^'acdonald of Kingston, MacNab. Malloch, McLean, Meyers, Prince, Kobinson, Sey- mour, Sherwood of Brockville, Smith of Frontenac, btevenson.— 17. Tj ^"^^ --Messieurs Armstrong, Attoney General Jlaldwm, Beaubien, Solicitor General Blake, Boutil- her, Cameron of Kent, Cartier, Cauchon, Chabot, Chauveau. Davignon, DeWitt, Dickson, Solicitor General Drummond, Duchesnay, Dumas, Fergusson, Flint, Fortier, Fournier, Fourquin, Guiflet! Hall, Holmes, Johnson, Attorney General LaFontaine, L-alerrioreLaurin, Lemieux, Lyon, Macdonald of Glengary, McConnell, McFarland, Merritt, Methot. Mongenais, Morrison, Nelson, Notman, Papineau Polette, Price, Sauvageau, Scott of Bytown, Scott of Two Mountains^ Smith of Durham, Smith of Went- worth, Tache, Thompson, Viger, Watts, Wilson.— The fifth Resolution was finally agreed to: Yeas :— Messieurs Armstrong, Attorney General Baldwin Beaubien, Solicitor General Blake, Boul- ton of Norfolk, Boutilher, Cameron of Kent, Cartier. Cauchon, Chabot, Chauveau, Dnvignon, DeWitt, So- licitor General Drummond, Duchesnay, Dumas. Egan, Fergusson, Flint, Fortier, Fournier, Fourquin Guillet, Hall, Holmes, Attorney General LaFontaine Lalerri^re, Laurin, Lemieux, Macdonald of Glen^ gary, McFarland, Mei-ritt, Methot, Mongenais, Mor- rison. Nelson, Notman, Papineau, Polette" Price Sau- vageau, Scott of Bytown Scott of Two Mountains, Watte -^48 '^'"' Tache, Thompson, Viger| iN^ys.-Messieurs Badgley, Brooks, Cayley, Chris- tie, Cn sler, Dickson, Gugy, Johnson, Lyon, Mac donald of Kingston, MacNab, Malloch, McConnell McLean, Meyers, Prince, Robinson, Seymour Sher- wood of Brockville. Smith of Durham, Smith of r rontenac, Stevenson, Wilson. — 23. The sixth Resolution being again read, Honble. Mr Cayley moved in amendment thereto, to substitute the lollowing :— " That authoiity should be given to the Governor General and Council to issue Dc'Knturos to the "amount of £ or .v.r. '..w Hum as "maybe sumcient for the purpose, j:.<- -.H'e ..it of "the Tavern Licenses of that pa'' >/ '';i . ^ince II formerly called Lower Canada, ..k oi within twen- ty years from the date thereof, respeotively and " bearing interest at the rate of six per cent, payable II out of the said Licenses, on such day and in such "year as shall be therein specified. y< —Messieurs Badgley, Brooks, Burritt, Cay- fc^ {^"®i^9'"y8^«'"' ^ickson, Gugy, Johnson, Macdoiiald of Kingston, MacNab, Malloch, McLean. Meyers, Prmce, Robinson, Seymour, Sherwood of xjfockvme, amitn of la-oateuac, Stevenson— 20 t> ly^' -—Messieurs Armstrong, Attorney General Baldwin, Beaubien, Solicitor General Blake, Boul- barrassed slate of erally, which has lents so much re- sure ought not to dirent appeal has r voice expressed I IS, Cayley, Chris- ngston, MacNab, Kobinson, Sey- th of Frontenac, Utoney General il Blake, Boutil- (luchon, Chnbot, ickson, Solicitor imns, Fergusson, 1, Guiflet. Hall, ral LaFontaine, 1, Macdonald of ilerritt, Methot, man, Papineau, Jytown, Scott of Smith of Went- 'atts, Wilson.— freed to: — ttorney General al Blake, Boul- )fKent,Cartier, on, DeWitt, So- esnay, Dumas, 'nier, Fourqain, iral LaFontaine, lonald of Glen- tongenais, Mor- ette, Price, Sau« wo Mountains, rapson, Viger, , Cayley, Chris- n, Lyon, Mac- 3h, McConnel), Seymour, Sher- »am, Smith of id, Honble. Mr. >, to substitute > the Governor r^ntures to the ' >^.>i'ef H>am as JtayaH'e -mt of ! i< . cince ' uithin twen- ipeptively, and r cent, payable y and in such , Burritt, Cay- '&y> Johnson, lloch, McLean, I Sherwood of nson. — 20 omey General Blake, Boul- APPENDIX No. II. 28 ton of Norfolk, Boutillier, Cameron of Kent, Cartier, Cauchon, Chabot, Chauveau, Davignon, Do Witt, So- licitor General Drummond, Duchesnay, Dumas, Egan, Fergusson, Flint, Fortier, Fournier, Four- quin, Guillet, Hall, Holmes, Attorney General La Fontaine, LaTerriere, Laurin, Lemieux, Macdonald of Glengary, McConnell, McFarland, Merritt, Me- thot, Mongenais, Morrison, Nelson, Notman, Papi- neau, Polette, Price, Sauvageau, Scott of Bytown, Scott of Two Mountains, Smith of Durham, Smith of Wentworth, Tache, Thompson, "Viger, Watts, Wilson. — 61. The sixth Resolution was then agreed to : — Yeas : — Messieurs Armstrong, Attorney General Baldwin, Beanbien, Solicitor General Blake, Boulton of Norfolk, Boutillier, Cameron of Kent, Cartier, Cauchon, Chabot, Chauvoau, Davignon, DoWitt, Solicitor General Drummond, Duchesnay, Dumas. Egan, Fergusson, Flint, Fortier, Fournier, Four- quin, Guillet, iiall, Holmes, Attorney General La Fontaine, LaTerriere, Laurin, Lemieux, Macdonald of Glengary, McFarland, Merritt, Methot, Monge- nais, Morrison, Nelson, Notman, Papineau, Polette, Price, Sauvageau, Scott of Bytown, Scott of Two Mountains, Smith of Wentworth, Tachc Thompson, Viger, Watts.— 48. Nays : — Messieurs Badgley, Brooks, Burritt, Cay- ley, Christie, Crysler, Dickson, Gugy, Johnson, Lyon, Macdonald of Kingston, MacNab, Malloch, McCon- nell, McLean, Meyers, Prince, Robinson, Seymour, Sherwood ofBrockville, Smith of Durham, Smith of Frontenac, Stevenson, Wilson.— 24. The seventh and last Resolution was also agreed to. Honble. Mr. LaFontaine introduced a Bill to provide for the indemnification of parties in Lower Canada whose property was destroyed during the Rebellion in 1837 and 1838 ; — second reading on Friday next.