IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 itt Bi2 12.2 U |L6 FhobgraiJiic ScMices Corporation 4iS •i? V ^ ^. 23 WIST MAM STRUT WIBSTIR.N.Y. MSM (71«)l7a-4S03 6^ \ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Instituta for Historical IMicroraproductiont / Institut Canadian da microraproductions historiquaa Technical and Bibliographic Notaa/Notas tachniquaa at bibiiographiquas Tha Instituta has attamptad to obtain tha baat original copy availabia for fiinting. 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Th< toi Th( poi of flln Ori bei the sio oth firs sio or Thi sha TIA wh Ma difl enti bag rigl raqi met This item is filmed at tha reduction ratio checked below/ Ce document est filmi au taux de reduction indiqu* ci-dessous 10X 14X 18X 22X 2SX aox J 12X 16X aox MX 28X 32X lAtails M du nodifiar ir une ilmaga Bt Tha copy filmad hara haa baan raproducad thanka to tha flanaroahy of: Library of tha Public Archivaa of Canada Tha imagaa appaaring hara ara tha baat quality poaaibia conaidaring tha condition and lagibillty of tha original copy and in kaaping wKh tha filming contract apaclfteationa. Original copiaa in printad papar covara ara filmad baglnning with tha front covar and anding on tha laat paga with a printad or iiluatratad Impraa- •ion, or tha back covar whan appropriata. All othar original copiaa ara filmad baglnning on tha firat paga with a printad or Iiluatratad impraa- aion, and anding on tha laat paga with a printad or iiluatratad impraaaion. Tha laat racordad frama on aach microfiche ahall contain tha aymbol <-»■ (moaning "CON- TINUED"), or tha aymbol y (mieaning "END"), whichavar appliaa. L'axampiaira filmA fut raproduit grAca A ia gfoAroait* da: La bibiiothAqua das Archivaa pubiiquas du Canada Las imagas suivantaa ont At* raproduitas avac la plus grand soin, compta tanu da la condition at da ia nattatA da l'axampiaira filmA, at an conformitA avac las conditions du contrat da filmaga. Laa axamplairaa originaux dont la couvartura an papiar aat ImprimAa sont filmAs an commanpant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'imprassion ou d'illustration, soit par ia sacond plat, aalon ia cas. Toua las autras axamplairas originaux sont filmAs wt commandant par ia pramlAra paga qui comporta una amprainta d'Impraaaion ou d'illuatration at an tarminant par la darnlAra paga qui comporta una taila amprainta. Un daa symbolas sulvants apparaftra sur ia darnlAra imaga da chaqua microficha, salon la cas: la aymbola — ► signifia "A SUiVRE", l« symbola ▼ signifia "FIN". Mapa, platas, ctiarts, ate, may ba filmad at diffarant raductlon ratloa. Thoaa too larga to ba antlraly Includad in ona axpoaura ara filmad baglnning In tha uppar laft hand corner, laft to right and top to bottom, aa many framaa aa raquirad. Tha following diagrams illustrata tha mathod: Las cartaa, planchas, tableaux, ate. pauvant Atra fllmAa A das taux da rAduction diff Arants. Lorsqua la document aat trop grand pour Atra raproduit en un aaui clichA, il eat filmA A partir da i'angle supArieur gauche, de gauche A droite. et de haut en bas, en prenant la nombre d'imagas nAcessaire. Lee diagrammes suivants illustrent la mAthode. errata to I peiure, »n A D 32X 1 2 3 1 2 3 4 5 6 * J ^ HOUSE OF ASSEMBLY UPPER CANADA. : ^ December 3/A, 1825. THE House havinir resolved itself into a Committee upon the Bill sent down from the Legislative Coun- cil, for con/erring Civil Rights on certain Inhabi- tants of this Province, {Mr, Walker in the Chair.) The Attorney General spoke, in substance, as follows : — The Attorney Gkneral rose and said, the matter now bel'ore the Committee is one which excites evidently mucli interest in the several members of the House; and occasion has been taken more than once, in tlie discussion of other measures, to allude to this as one which has cre- ated a very lively sensation in the country. Upon what ground this is imagined I am not myself aware, but I am happy that we are at length about to discuss the bill before the committee fully, and I hope dispassionately, for »t is by such a «iiscussion, more than by any other means, that any false impressions which may have gone abroad upon the subject,will be the most surely and com- pletely counteracted. It is. Sir, a most happy consequence of the excellent constitution we en- joy, that if, at any time, the public mind is agitat- ed by apprehensions well or ill founded, an op- portunity is afTorded heie for discussing the grounds of such apprehensions openly and fully; r £ ) and indeed it is scarcely pospible fo conceive that a question canarise nflecting the interests, or even the feelings, of the people, or of any considerable portion ot them, which cannot, in some shape or other, be properly made the subject of examina- tion in this Assembly. Many, no doubt of my honourable and learned friends, and indeed most of the members of this House, will desire, I dare Bay. to express their sentiments fully in the course of this discussion, and I wish, therefore, that I could forbear trespassing for so long a time upon the patience and attention of the committee as I fear I must do, in order to bring the matter, and every consideration fairly connected with it. plain- ly in view. It shall be my endeavour, however, to avoid every thing that can tend to obscure or embarrass the question, and waiving every topic thai can occasion unpleasant feeling in any quar- ter, to place before the committee the points which they will be called upon to determine. We are all aware that the unhappy dlssen*" sions which arose between Great Britain and her North American Colonies, when they broke out into open acts of violence in the year 1775, had necrssarily the effect of dividing the great mass of the people of those colonies, during the remainder of the contest. into two classes, namely, those who preserved their allegiance and adhered to the crown, and those who forfeited their alle- giance and joined the standard of revolt. At the conclusion of the contest, in the year I7B3, by the treaty which was made, under the sanction of a British act of parliament previously passed for ^ani\ C3) that express purpose, and which was virtually, at least, confinned, as I shall presently ^hew, by several statutes suhsei|ueiitly passed, thir thirteen colonies were declared to be free, sovereign and independent states, and His Majesty entirely re- nounced all dominion and control over llieni. In order to determine how this result of the contest aDected the political character and relations of the people of those states, which were thus ac- knowledged free and independent, it is not imma. tcrial to consider the avowed objects with which that contest was begun. The terras of the decla- ration of independence are sutficientjy in the re- collection of honourable members to make it un- necessary to quote the precise words ; atter a recital ot their alleged wrongs, and the various reasons which made a separation justitiaMe and necessary, the Congress declared, '* that the unit- " ed colonies were to be thenceforth free and in- " dependent states; that they were absolved from " all allegiaice to the British crown ; that all po- ^^ litical connexion between them and Great Bri- ^^ tain was, and ought to be, dissolved ; and that " they would thenceforth hold the people of Great " Britain, as they held the rest of mankind, — «/i«- " mies in war, in peace friends^ When pea ; was concluded, most of those who had been aci ially enga^od on the side of the British crown, sought an asyhun in some one of those portions of America which cotttinued under His Majesty^s dominion. The feelings engender- ed by the contest rendered their longer residence in the United States disagreeable at least ; and many even who had not rendered themselves ( ' I' (4) obiioxiouH to llio new ^ovonimorit by any activfi grrvico (lur>n<; tlio war, but who were neverthe- less attached in their hearts to the royal cau^c, rather than continue there as subjects of the re- public, forsook their property, and removed to some country, where they could still enjoy the form of jrovcrnnient which they preferred, and to which they had sworn allecjiancc. Numbers re- moved to Nova Scotia and New Brunswick, and many, at a period somewhat later, came into this province, where they received from a generous government some indemnitication for their servi- ces, and for the property they had left. At the conclusion of the peace, however, and for a short time afterwards, this province con- tained scarcely an inhabitant, except the military, who were ^.tationed in it ; and the first settlements that succeeded consisted of the disbanded sol- diers of several British and provincial corps which were distributed along the Saint Lawrence, and in the district of Niagara, and of a very conside- rable number of emigra'>ts from Scotland, who settled in the Eastern district, principally in the county of Giengary. Strong inducements were held out to Ameri- can loyalists to resort to this province; lands were given to them gratuitously, and those native Americans who had adhered to the royal cause, or, as it was called, to the '* unity of the empire," were distinguished by the name of U. E loyalists, and they and their children received free grants ot land from the crown. These did not, as may naturally be supposed, all reino^ e at once into thie ( 5 ) province ; various circmiistaiicos ocrasioned ma- iiy to remain in the UiiitrtI Slates loiij;; after the peace, ansed in any book or treatise upon the sub. ject ol aliens. ;\i.::;i r;riiis!> stibjects, residing in foreign counirle-:, nii?.>'il ho induced to remove into this < proviiice ; aFid it seems to have been thought pru- jlent to guard the legislature against the danger offoreig!! inIhionc(%by excluding such Ih'itisli sub- joets as had sworn allegiance to a Ibreigri country fioin sitting in the assembly, or voting at elections, il .ii 11 g -,|:^ 11 ^^1' I!. i , i •! I'll ( <2 ) until they had resided continually for seven years in this province. This is the single object of this and the subsequent provincial acts on this sub- ject They are evidently disquahfying statutes, not statutes for conferring riglits on those who did not before possess them. On the contrary, their whole operation is in express terms confined to subjects, and they restrai«i the exercise of a particular riglit of subjects under certain cn'cum- stances. i o tlio-ie. therefore, who are not entit- led »o be regarded in lavv as British rtubjecls, in- ilependently of these statutes, no provisionin these statutes can apply. They do not atFect to confer any right or privilege, and cannot have been in- tended as acts of naturalization in any sense, for if so, they would have been in direct violation of f the general royal instructions which are laid be- l fore us for our guidance, and which would have j prevented the passing any such act of natura- i fization, without an express and special instruc- tion, such as is recited in the bill before us, hav- ing been graciously communicated by His Majes- ty to the government of this province. Indeed the manner in wiiich these statutes have been constantly acted upon, shew plainly enough the general conviction of the object they were intended to answer; for it is well known to all of us, that at every election, persons born in I any and every part of the united kingdom, and I beyond all question British subjects, have been I rejected, under these acts, at the hustings, be- I cause they had resided some time in the united States, or sworn allegiance to their government, and had not since been inhabitants of this pro- '1 j 1 ( 13 ) vince for seven years. — But it is scarcely neces. snry to consider these statutes further, for they evidently leave the question of who are, and who are not, British suhjects wholly untouched. For- bearing, therefore, all further argument as to their legal eflfcrt, I wdl observe, that up to the yjear 1812, when the last wnr commenced, many thou- 1 sands had removed to i\m province from the Un- I ited States of America, and some of the most ex- I tensive and best cullivated settlements in Upper Canada are composed almost entirely of persons of that description. In this district particularly, and in the districts of Newcastic and London, a large portion of the country is inhabited by per- sons who were formerly American citi;!ens, and who, whether they were uivited or not, were cer- tainly freely admitted, and either obtained grants of land from the government, or purchased lands from individuals, which they have hitherto held without interruption, and have exercised every civil right of subjects as fully as any other portion of the people. Of the persons who had thus trans- ferred themselves to this province, the earliest settlers had doubtless been born before the year 1783, and while the colonies of which they were natives were part of the dominions of England, but before the year 1812 a very great number must also have removed who were born in the United States since the treaty of 1783 confirming their independence, and who differed from the , former in this respec^t, that they were born in^a I foreign country. But in truth between them and others no distinction was made or thought of. All were treated equally as subjects, and we dealt with them as such without reserve. It was the \ ,'■:( Kl ■| ( M ) I I il \ war which first necessarily called attention to their situation as distinct troni other classes of the po- pulation. The country which many of them had I very recently left, nasi now in open hostility a- gainst us, and General Brock, the jjjovernor at that day, having his attention necessarily called by that event to the political condition of the various descriptions of Americans in the province, seem- ed to have been impressed with the perfect con- viction, that there were many among them who could only be conceived to owe, like oilier fo- reigners, a temporary allegiance to our govern- I ment, so long as they resided in it, and whom it I would therefore be unjust to compel to serve a- s gainst their countrymen, who were now become our enemies; he issued a proclamation allowing f all who choose to withdraw from the province in- ^ to the United States, and a number availed them- selves of this permission. Now, nothing is more evident than that if the mere removing into this province had constituted all these persons natural born subjects, or rather intitled them to be legally so regarded, land it is only upon this ground that the claim of a great proportion of settlers from the United States can be said to rest.) they miiHl, like other natural born subjects, have owed a perpetual and abstjutc al- legiance from which the government could not have sutTered them to withdraM. Upon the events of the war I need not dut'll ; these are sutHciently impressed upon tho recollection of us all; and I am happy upon (liis. as upon every other occa- sion, to bear festimojiy to the loyalty and good conduct of a very great portion of those people who had emigrated from the United States. i ii ( 15 ) It is tl»is evidpiire of ihoir general disposition wliich has doubtless made His Majesty's govern- ment here and in F.ngland, ccjually desirous that all apprehensions anti difficulties as to their civil rights, should be removed, and that they should henceforward be assured of finding their situa- tion, ni all respects, the same as if they had been born in the province, or had come from any part of His Majesty's domhiions. It cannot, however, be a matter of surprise, tliat after the war had ceased, the principal ob- ject of which seemed to be to wrest this coloiiy from the empire, it appeared desirable to the mo- ther country to restrain hereafter the indiscrimi- nate admission of American citizens. I ,1 jer With this view, as it must be well known to nany members of the committee, an express in- unction was transmitted in 181.'}, to Sir Gordon )rummond, not to admit American citizens as sel- lers. Upon the policy or impolicy of this, it is needless on this occasion to enter into any discus- ion.but it is certaiidy very clear,that if it can be irue, as was formerly contended, that those Amcri cans who were born before the year 1783 must, by reason of their birth in the British dominions, con- tiime natural born Briti^^h subjects to the day of their death, and that the children and grand chil- dren of such parents must, under the statutes of Anne, and the subsequent statutes for naturalizing tlie children and grandchildren of subjects,though )orn in foreign countries, be also entitled to all he rights of natural born British subjects, no such -/rder could have been legally given or enforced, \ n l<\ >- i m u u \- i) I I r I, ( 16 ) fori know of no law that would authorise the King to prohibit his natural born subjects from enter- ing, at their pleasure, into every part of his domi- nions and purchasiiig land and assuming every right that belongs to the character of subjects. — Lieutenant Governor Gore, when he succeeded SirGordon Drummond, found the instruction which I have spoken of, and, so far as it was in his power, enforced a compliance with it. The consequen- ces which followed are known to all of us. I'hc assembly in )H17 questioned, or rather denied, the power of the government to prevent the admis- sion of Americans as settlers, not indeed on the ground that they were ipao facto subjects, but upon the ground, that under the 30 Geo. .J. chap. 27, they were entitled to be admitted, and that being so admitted, if they complied with the provisions of that statute and also of the statnte'of I '.i Geo. 2d for naturalizing foreign protestants in his Majes- ty's colonies or plantations, they became British Subjects. The resolutions passed upon this occasion and other resolutions upon dilferenl subjects seem to have been regarded by Governor Gore as a di- rect opposition to the declared sense of tbe King's government, or so exceptionable upon other grounds, that they led to an abrupl prorogation of the Legislature, and the resolulions winch were passed were therefore not i'nrther acted upon ; but as they serve to shew the rpiniofi w hich tiie repre- sentatives of the people then er>t«rtnined upon tlie subject we are now considering, I will read them to the committee. (Here the Attorrwy General read the resolutions, which are as tbllows.) 1. ^''Resolved — TImt an act was passrd m the '* 13 Geo. 2d. tor iiaturuUziiig iorrign rrohsraiili, " in Hii* Miijesty's Colonies and lianlatiohs." 2. " liesoked — That nn act was passed in (he '• 30th year of i lis \Jnjrsl>"hi reign, entitled, •' An '' Act for eiK*onra«;itj}; now sellh?rs in His Majcd- ^' tj's Colonics in America." 3. " Resnival — That the «aid acts were ennct- ** ed for the ex|)rcs8 purpose of faciUtating and *' cnconraging the settlements in Hii Majeslj'e *^ American dominions." 4. " Resolved — That the srnd act* are still in * force, and that suhjects ot the United States, n«ay " lawfully come into, and settle in this Province, *' hold hnds. and he eiititlec! to ail the privileges ''and immnrjities of natur il born subjects herein, " on complying with the several lormulities requi- <* red by the said acts." The subsequent resolutions related to 'he policy of excluding Ameritan citizens ; but they were not put, owing to the abrupt termination of the session. Those which w«-re adopted and which I have just read are material to be conhi* dered in tracing, as I am now doing, the progress ot the discussion of the question at present betore us- because they speak the sentiments ot the representatives of the people of that day; and we find the opinion openly expressed by them, that such citizens of the United Mates as had availed thenjselvrs nice, could only be cn« :.) ■it 't'. p.) • 'I • i 1 i ( 1« ) i\\\o<\ to the riuhts of Uiiiisli ^uhjecfs in romplj- 11.^ ^♦l.ll ilir |iiu»iNioiis oi ihat mm. ai tl «il tU l3 (j« o J«l lin- iiiilui ilizihi; loirigi, I iot»!«l;Mitj». in Ih-^ lajrsty'H (oloni^'s iuiil I'lauliitiohs. Ili.d i\u\ ill lli<'(>|)iiiiuii(>r ihf HShtMiihl^ ill M;I7. I»i«m ailiinlly r.riiisli Mil.jerl*. tl.r liiCio 2. ninld not hi^i' :«|>|iIm'*I ((» (lii'in. iu (1 a < (»ih|>ii tixe uilti ilic fonii«iilic>M n't|iiii-r(i I'y it. ciiulii i ot lii.vr been ne- cenisar)' lo give llicni the iigllt^) ol siiltjcrls. I Hill now roiul. Sir. to the Coiuiiiittre thc prpifinbl'^ antf tho |)i'ii)ci|>:«l provision'^ oi tlic 13 G^o -M. lo uhic'li tiir a^Hciiiil) alludt y \\m Statute Sir. ihe c'Oinihitire will pf'r('ri\e tlat tlioite wl.o were imrii out of His MujrS'^'s doniinionB. and wlio iiiit^lit. b\ a fitrit'l obweiviuuo of all its provi- sioiiii. Ii.ive boi'oine natur:ili/r(l MiWjrcMB, miisi fiiBt b.t\e taken the oatit ot alle^iaitce, and uiade and inimcribed cerlai . role^lant siU'c,l.('loicf th' < hlef.ludge of the rt>lon), ai d a record of it ii to 'duly inaile, and prctv(> ti>ken the saciuUKut^ ami the^ nmsi iiwvc re iileir, that ihis >tainie v\: s in tuct pasbed with a \iew lo a wvy difleient »hite of things, that it vmu Ijl ♦?!! le I t o eicouri^*' proteHlunt enngranls tit'Oi Luiiipeio -eiih' in [t^>- i i ilish ( oioniib, whi«!i are now ihoi cnittu >>iuieb, and that itiero tH.in^ '^rf' "H ( lw no long*»r nn :»|)|)n' it'n^ion of^ny had ri»nie C|ii<'ik;«h ill I le (!oloiii«>s tiooi a ito imii i ilitulii*, aHctMutaiic)', lhosi> |>i'oviitiu:i>« wliicli ivUu* (u the tiikiii^ llie s icran^'iit, iiii^lil. will) sonic oll)*>r pro- visions ill tlio Hct, l)i> Upllor (lisptMHcd witli — «i»d« in tiiilh, the SlaUito is i»ul ill adapUul lu unit 'lie caso of Kini:>;iMiits, ri'itioving IVom llie United States into tins I'rovinco. .Mill, ?5ir. it i» vitj certain tliiit iImto ha^ not biMMi. and i» hi)t now, Wi\ ofhr.riivA in I'orce. for naturaliziiij; persons in the (Colonies, it" we exeept. indeed, lie "Statute na- turalizing persons who have served in cert in ibr- eif^n corps parlieularljc spccilied — the Statute na- turalizing perso'is eniploved lor a certain time ir\ the Greenlaml Whale I isheries. and ore or two Other partial and limited provisions ol th'it nature, whicii it is quite imaiat rial to < oasider at present. So that either all American ciiizens now in thif Province, are, contrary to this opinioi of the iassembly, British sufijects without the aid of any naturalizing act, oi% if tiey are not, they inusl. as th-< resolution states, comply wilh the Ibrmalities of this Statute before they can become ^o. Hut, Sir. • believe I neither overstate thfthinjj, nor do I tpoak loo positivftly,.v'i» I I v;» » u'* ^ to »iii)r»ss my entire cosivictio'i. that of the thousands ol persons of ill deacripiioas, .lasges. and ages whrj have coaie lo this Province from tlu' I'nited States of Aajerica, eol one iedividual has ever yet complied li'it'i the foiinalities ret pored by the i'.i (Jeo 2d,-- Siune there '^ave beea discussions upon this ipies- tio I of late years in uur a^se^1bly. one or two res- pe lable perBons frorii thetlniied "^talf^s. haveask- e I !»'* .villi ,lep.. lijey wpre io take, in f»rder 10 1l<«V<<>iae naiurali;)|ed ; litave rcferreil them to this li '\ *-.H ;l ^tl M:" i I (20) ifftatiite. hui T <1o not know tlint cy hnve ovei* ffoor tliroiii;!) (he rortMnoiiie» it r(>(|U'rrH; aruf, liwloed, I am prrHiijide:! licit the rcconlH of our •uprrior Court, w'ni not (>\!iihit an ewlry ut'a single namp — \nd, while on this subject, Sir, I will re- mark, that in that provision ol'the Statute, whieh requires a personal appearance before the Chiet' Judge of the Colon} in open Court, and the taking certain oaths there in oriler to h'^rni.e i\aturaiized, there is nothing very extraodii nj o unreaHoii- able, for in truth, it is tli< \*'yy t"orm required lu be gone through in the » iiiled ! inies at the pre- sent day. 1 have mv ''^ iveu it in the State oi Mew York, and it is perhrily uell known that none of us could be adniitUul to the rights of citi- zenship in the United States, until we had compli- ed with it. I believe too Sir, that theie is evi'ii a discretionary power in the L'nited *^tates, to \nth- h(«ld the rights of citizenship, after the required, period of residen<*e. upon p^ood cause; and I men- tion this only to shew. th.-.( iit the country from whence the American portion of our populaiiou has come, there is a jeaUm.-'y and a precaution used in admitting the subjects of other goTcrnments to civil rights. VVith lespec-t, however, to «// .Anie-» ricans who are now aiiuallv resident in this Fro> fince. we are assured by Hii Excellency's message and by the dispaich transmitted to us. that the go* Ternment desires to secure them in the enjoyment of every right and every privilege without di:jtinc* tion, exc^;()' siuh as we have ourselves made. We are ir.\i] iU \' m the f;iii..ion of I (is Majesty s Cio- venih'.t u, thi.i iH'tv pio|M'!ly la done, and that it !S deemed expedient to do sn. , ^ iM! i* RiiJ ''ir, forcdim to tlie r^so!ii«»\r'ici\y with the ordrr which luid h^ , sent to his prc»!<'c<'ssor, ^ir Cordon Drnrnnu, i<]. t% rt^Mlrain scttlori froin thr l^i;ited Statrs *i-nni if sor- ting lo this provinci^ it^erllie nar, conr«'!*ed uit ho was warrniiled in rcCusinj; (o .«(hiiiin- su -U ; •citlers iheoatlis rcndvMi;o, with rey;.irJ lo their rivil riijht-i. The rneisures wliich \vh\ been previously taken, sO'Miied to h iv checked emigration ti'oni the United States, in a "Treat measure, but the as- sembly, I believe, did lol recur to the subject; and 1 do not remember that itetigau;ed the public mind ill any manner until the year IU22. when, as we all know, the quentioii of the political rights of Americans in this province, vvai iiecessririlj brought fully into iOi greit trust. any bnlh. but must cortlmue to be a subject till f his deadi, noiwithstiindnig the change in the poli- tical relations between Great britain and the Lai. ki'ii Slates. iberB ol'the assembly. Sir, however, "i ii I M my members ol the assembly. Sir, however, tvttrtt ol H diUerenl opinion, and amoii^ lUeiiii) i be- -A •I I,': I '^ Jl I ' ' . ( 24 ; iicTe, everj gentleman helonging to the profossion ex{H'pl one. Bcinj; then a meiubcr ot (he usj«'m- l)lv. it became in^ duty in ronnuon witu others^ to declare my opinion upon oatli htf A'i ig They thought that the revolt of the I. 'J <^'olo:iies and the acknowledgment of theif Inlep'Vide.ice by treaty made under ih»' expreng •a irtiouof an act of Parliament, and recognized by s'vpral subsequent statutes, had the effect of absob ing from th^ir allegiance all such native Ame-" ricans as became cinzens and subjects of the new jvvernment — that the best authorities laid down tiie doctrine, that the supreme power of a statev or. in other words, the Parliament, concurring witfi the consent of the mdividual, could dissolve thn tie ofallpgiance with all its relative rights and duties — that the individual, in this instance, had by the most open and unequivocal acts, declared his eloclioii to be a subject of the new Republic by abjuring his former government; and that he be-f came as effectually an Alien, with respect to Great Britain, as if he were the subject of any foreign power in Europe — that being an Alien, he could only be naturalized for the purposes mentioned in tke 31et of the King, by an act of the British Pariia ( r- ) :'^.ent; but that lie did -lot cl lim or pretond to. h: vc iMV'ii so niituraliztul ; but, on thp contrary, muiiitjiiiied that the rircum.st:»uco of his birth ulonc entitled him upon the priiiciph s of the common liin of i\;no;land, to be reg irded as a BriMsh subject williout the aid ofany naiuralizino- net. 1 will not, Sir detain the hou-.e with an account ofthoj^u* thorities then broujrht forward from treaties,& Bri- ti^'li ads of Parli.unent. lo coi firm the vifw taken of the question by the minority of the house upon the occasion i am spoaking of, because they are alUtated and aly. The Ketiirning Ollieer at a new election lor tlie same CoiMties ol LCiUix and AcMin^lon-relnsed to receive . vofeg tor the so?) n(" the former sitti igj nieinl)er. on I the ground that lie WMi disjpiditied as» an Ahcn. — i Horn in tlie Unite(i States, alter i their independence, aiid, therefore, in a l()r« ij^n i Country, atid hid removed \Nitfi his fjither into th!> Trovinee. l>nl h;id noi,any more than his father beeti r.,ilurdi/ed. if it were necessary, hv comply- ini( with the pro\isi(»ns oT Juiy act ol Farliaineut. I was not in llie Province d»n ni^ tJie Session ofttit: Leijrislatniv in which this fr|nesti(»n was agitated. and ^hidl. ii:"refore, s;iy nolliiit'^ more upon i*. as 1 re: liy do not know precisely upon what grounds it y\kxs decide(h •'Ol It is wortS-yofr'^nnrk. ho'v m er. that in th'* same session ( M 2r ih" \^-.einhlv. whose attention haJ. b<'MC Hod.'ty t',e •• • umI iii-»cus ion-^, to the situ- ation ot the nu.Uv.*iou;i uikI re.rpeclahit,' portion ol a ^..."^'^ 1 ij.ues. I our nituro y vciy I I If '111; . til, re V buch , 'Vho ir sarno rtMMMVC IxT. on Uicii. — s, iirtfi Ion i«i;n i'V into s ("ather M)inplT- iaineiit. II of tin; gitiiUnl. I i*, asl [)UikIs it i'» samr 101 1 ha4 1m' siUi- rlioa ol ( -7 ) , nVi-) Ind cniii^rauv! i'roMi llip Tfm- tc [ Slules, ooiicuiri'd in a s-'mIcs ot if'^oluti»iis upon tlie subjf'ct, evidently with (lie dcsiir of ob- taining it)m(' ♦MiactnuMil 111 < iniglil quid all apprc- li'-nsions respecting J Ikj cnil rights ot tho--e per- soiis. and seourt! lo lliein the lull enjoyment et'thetn. Our own Journ tU ihr th it session luintj deslro)ed I>y fire, »S: ii iving he^Mi abse.it fro n the province my self at th it j).,M-io !. I hive hid recourse to the Joiir.nls of tli'^ !j ^i^iil ilive fJoiinoil, to who n they were co a iii lio.U'* I Uy tli * Vsse a)ly wiih a re- quest for tliMr coiiciirre.u'f? ; aiui I have prociued a copy of thivn, »vhica I will nor ry the I iws now in force in ''this province, ;ill f)r''iir i '*rot.'s tants ire i.liniiisi- " ble lo be(;onie seiMers therein, on conforming to " the provisions (!oataine I in the said laws, aiitf *' that on having done so, they may hold lantis and " enjoy all tlie privileges and iinniniiilies of natural *• born subjects within the Province.'* " Rcsnlvd, That fro n ignorance of the law, ''and niavoi lr»b!«» diJicnllies. nnny inhahilants of "the proviiu;e. olherwis'' st^*B sul jecls." '•'•Resolved^ That this provision can o\\\y be •Mnado hy the Imporial rurliiimrnt." 1 hat these resolutions liad reference prinel* pall), or rather entirely, to those miiahitaiits of tl is province who ha(} enngir\ted iVoin tlie I niteJ Sta'es of Anieiica, there can be no (Jonhl, nn'l, indeed that fjct mnst be perfectly well known to niiny nieuihers of this coniniitlee. who were al that time also members of theasseml'ly. The sitnation of the comparatively triflinij; number of settlers who had been born iii other lor- eifijn countries, had never <*ng.tged the attention of the assembly, or been the subject of discussion up- on any former occasion So that it is plam, Sir, thai the assembly oi this province, in the vear 182'^ Qs well as in Itil?, nolwiilisiarding the de- cision of the particular case upon the return ol a member for the counties of Leno\ and Addington which I have spokiii of, were decidedly of the opinion, that tliere were many Americans in this province wIjo required a legislative en- actment to confer upon them those civil rights, which could only, in their opiiion. have been otherwise acquired by the c xact observance on the part oi those persons, ol the provisions con* t; ined in the briiish Statute (or naturalizing tor- cigniTS. No address was grounded on these resolutions, fcri reason which ! b( Kk v« was comniUricated by the i .op-isi^^c ( <,ui cil vi a conlereice. aid •vliicii i have uiidcrolood to be, that the council ( • :t (29) *vei'e aware that the government of this province \\m\ ;ilren(i) c.illcd Itie atlenlioti ot iiis Majisiv's g )v.'riitnei»t to the si'bjet't, and enterlained llic h'>|)'.' llial an act woijlil lu' passed by the Irnperial P irliarnoMt, which would remove every ground of aj;)piehension. I refer to them, therefore, for no other pur- pose than to shew the nnpression f nt^rtained in ih'^ ;is^einldy as to llie necessity of lej^ishitive inter lerence. Tlie :ipj)hr:ition to tlie lvnit;*s Gov<'rn- meut. trota whaltner r;Hise, appears not to have bef'n elFct'iu il ; and, inde'ed, it is not improbahle tint the government may hive; awaited lh«" deci- sion of the case to vvh'ch I have alluded, whi«:h was th<'n pending in Kngland, and which is referred lo in the dispatch of Karl Bathurst communicated by His l^^xceUency to this House. The committee will understand that I refer to the case ot Thomas and wife amjainst Aclam, which was decided in England in 1821, aiid which, from the interest which it natu- ral!} excited in these provniees atjd in the United St itcs. was published \\\ most of the News papers at that lime. F'orlunately, Sir. by this derision oHhe high- est legal authority in the Courts ol tbe mother cou.itry, tliis great constitutional question is at length set at rest, and it is now no loi:g<'r donb.ful what must and wdl be the Judgment ol the courts of aw here whenever the same question shall arise. Alt bough I feel l)ut too sensibly, that I must have a'ppeared tedious in some parts ol the statement which I It ive fell it necessary to make to the com- Diitlec eu ihib iuterebliii^ subject, i aui sure, Sir, 1 1 1 I i ^■f \. V JO ) slirill riot l)p tijoiig'it to tnko up tlioirtiiiu' uiiproni.'.- I)lv ill roailiiii; to tli«Mii at Icti^di, the iiiuiiiiiiioiis iiiflfijiiMMU protioiHicM'd l>v the Court ol" Kiii<;'s ii'MJt'h ill IOii;i;I..:kI, iipoii tlios*' wvy points uliich !i:u('. oil I'orincr occ.i.-jioii:;, given ri^ ll The cixrif'. arose upon th«' trial of an ejectment brou«:jht by oik; Thonias and liis wile, to reiorer ',)oss!^ssioii of rrrtaiii reil esiatr in Kiiiii;ston upon- ijull. ill the eoijiity of York, elaiiiier of His Majesty's Cus- toms, and conliaued in that ollice till his death in the year I7T.">: that \\r lell several children survi- vinc; him all oj wliom dii'd without issue, ox<'ept one daiii^hter. Lli/abcfh; that this daughter Idizaheth, on the 11 f)ct. i7<{l, was married '.none J. Fudiow, who was horn in the slate of N'.'w Vork. then ont; ol th" Hritish Colonies, I'iid was bronchi up k) the i)roi"ssion oiihe law\ llMt Fili/iheth l^udlow died 1 ( ^^1 ) in the? year 1790 u. tlie linited .SUiUs oi America, loaviiij^ an only datJi^liti Vaiiros ,\ljir),iiow Fiaii i res Mary Tliomas, llie juc stiit claiinant. The sjM'rial vordict tlieii |»rof<'f*ded to btalo, that the said F'ranrcs Mary, was born on tho 4lh : ('Vhrn.iry I7wl, at Newport, in (h<; State ollUiodc \ Itiland, in the United Stales of America altei' Uie said United Statts had heen reeoi!;ni/ed as ti<'e, sovereign and indenendcnt Staic;, and vvaa iuai*w ried at New York, ni tlie t;aid day of Seplnidu'r ITHli. i!is late iMajcs- iy acknowledged llic indept ndence of those slates by treaty — and the heads of tUe treaty are all set out at length upon record. The question of law, which, upon this special '.erdiel, was lelt to he t!et ided hy the ('oint \)i' Kiiii^'b l^ench, was. whether, uador those eircuni- slances.l'rances Mary Thomas could inherit landfc in England. The case was ac^uei] elahoraiely ui tuu har. ns appear^ hy the r<"por" oi it piddishcd in the re- ports ol the Kuijj's hench lo» that perico, which I have in mv lutiid, and I eannol jorh.-ar reiaarkii.g, that the learned ( ounsel who supported the siih* of the Wiieri'Ma clantiant. seems to have arijued the ca'^e mucii mor'^ at len^ih ihitn th<' ^'onnj-el ■1 ii i w li '■ 'i '■, *'- 9 tipon (he otiior sido, f\m\ to Imvo ronortocl to '•v<*ry arjju :ifvjt whicli could Imvc hecii l)iouj argued. ;ind. tl: it IS all the uihorities bearing op the qu(>stion, were cited, the^ did not think it necessary to refer ag» n to ihem. This judgment, Sir, is in itself so important, and il applies so lully and so exehisivel} to the > su i el betbr^* i i'' «'";a'ninpe th;il i will read ii ; t ieii^jth. (iicre the Alty. General read the judg- I i I V ;« ) nent in Thomas t'j- Aclam^iri wliicti al railver nffered in<>s» sevrre- ]y \iy the event. I here is nolhing in I he cftt»«^ to Icaii U8 to Huy other eoneUision ilian that this in. dividual ofthc iauiil)'. eitii«»r hecause he happened to reside in a part of the revolted colonies where political animosities were not \Pr^ violent, or be- caubc he possessed a property, which he was un- fvillingto Hacrifice to his principles, preferred re- maiding u quiet spectator of the contest, and utter its co'iclusion found it mostconvenient to continue to reside where he had hern brouj^ht ufi, and (o become tacitly', at all I'venls, a citizen and subject of the new Government. I need not remark. Sir, how much less room there would have been for argument or doubt, if ii could have been proved in his case, as in the ^case ol the member returned to serve for the jcoutiliesof Lenox and Addington, that he had ab« ' jnred solemnly, and for ever, all allegiance to the British Crown, and had held oHice under the gov- crn were told at that tini(% Sir, that a man Ik 8U Ject could not divest himsrdfof his alh'gi ' > We answered, that he might be divested of it by the supreme power of the state to which he be- longed, concurring with his own consent; a doc- trine expressly laid down by Mr. Justice Hlack- stone. and plainly recognized by (his decision, in which the court say Mr. Ludlow was born a British subject; but he is nut now a BriJish subject — that "he was absolved from his allegiance by treaty "made under the authority of Parliament, m'd " abundantly recognized and sanctioned afterwards ' by the same authority.*' Again, Sir, we were told, that the children and grand-children of Americans, born before the year 178.3, must, as the children and grand children ] of British Subjects, be themselves British **nbjects i under the Mtatute of .\nne and subsequent acts. ** But the court her«» Hwy. ;is m.iny inembers cf (he house held on that occasion, that this does by no, H w i fl if V •'> ».*y , li K J*' lb ( 36 •) means follow — tliey declarecl, on the contrary, that James Ludlow, though born a British subject, was an Alien at the time of the birth of his child — that the child was, therefore, the child of an Alien, born in a foreign country, and was herself an Alien. But, Sir, it is needless to detain the commit- tee with reasoning upon this case. Nothing can be expressed in more distinct and decided trrms than the judgment of the court, and nothing is more clear than that judgment, so far as the au- thorily of the tribunal goes, disposes directly and unequivocally of the very points which have been hiiherio the subject of doubt and discussion here. I have now, so far as ray recollection, and my knowledge of facts have enabled me, endeavored to liiy before the committee the whole case as it rcbpects those person* in this province, who have emigratec" from the U. S. of America, and who are infinitely the most numerous class of persons con- templated by the provisions of the bill now before us. The other inhabitants of this country whom it is intended also to relieve, consist principally of persons who many years ago emigrated from dif- ferent parts of Germany, and of the disbanded sol. dier« of certain foreign /Regiments, which had been employed in His Majesty's se^-vice. These are generally settled upon lands granted to them by the Crown, and have equally with the Ameri- cans, been sulTered to enjoy every right, and exer- cise every privilege of subjects ; but, in truth, as they were born in foreigfi Countries, of alien pa- rents, !ind arc not within the trrnis of any of those Statutes, which confer the rights of British Subjects :ii ' '11 (31) on persons who hnve servrd f?is Majesty in certain FoHMgii corps whii'h are specilied by name, and as I hey have never been naturalized by comply, ing with the provisions of the 13 Geo. 2d. they clear!)' require a legislative enactment lo confer upon them those rights, which it Mas doubtless in tended they should enjoy. With respect, Sir, to our settlers from the United States, we can no longer, injustice to them, shut our eyes to the truth, that many of them, ai least, are subject to legal disabilities, which as it is intended that they should be placed on the same footing as the other inhabitants of the Pro- vince, it is necessary to remove by some positive legislative enactment. We need but compare the facts as they regarded the case of Mr. Ludlow, with those which affect the political situation of many hundreds, and I may, indeed, say thousands who are now in this province, to be convinced of that necessity. ^ Much, Sir, has been said, as 1 have already remarked to the committee, upon the sub- ject of supposed invitations by the government but if arguments of that kind could be urged with truth, and if they could be allowed to hare that effect in determining the legal question which it is too plain they cannot have, still I would ask this committee, whether it is not most evident, that with respect to many persons now in this Province their application must altogether fail ? It is well known to us all, that among those Americans, who have resorted to this Province, both before and since the war, there are numbers who came hither upon the exigency of the moment, i r I f :! 't ' ; >,r t, , ( 38 ) ?»vifhont tlip intention of becoming settlers, who iiisiir'f took \iy o.iths to our t;oveniaieni, « ii.UMi- ded : and at all events, something was said whicJi, ' I ■; 1 I t' li :^ ' <40) gave me reason to believe that my desire to pro- mote llie mensure, was thought to indicate a dci^ign on the par' of the goverunent different from the object which had been avowed. I confess, that on discoveiing thiB,con»cious as I was that my voluntary assistance in the measure had been purely accidental, that it had no connection what- ever with the measures of government, and that I deserved the thanks of those persons for whose re- lief the measure was intended, and of all who were really their friends, I was influenced by a feeling of indignation to which, perhaps, I ought to have been superior, and n order to show how ground- less were such base suepicions, 1 declared, that as my only object had been to render the appli- cation effectual, if made at all, 1 had no desire whatever to press the measure itself if a ma- jority of those who represented the people, thought it better to decline it ; and that if any gen- tleman would move lor the committee to rise, 1 would not oppose it. The motion was made^ and the resolutions were rejected, though I have little doubt if th«'y had been left in the hands of the hon. member for Leeds, they would have been adopted; therefore, the result of my interference, however well intended, might have been with reason com* plained of, if it had been deliberately produced, instead of arising from afeehng, which I think was not very unaccountable, under the circumstances I have meolioncd. We now see. Sir, that, notwithstanding these various proceedings in the Assembly, the govern men! of tins Province persevered in their endea- voursj to obtain by their own representations lo thf (41 ) ) jjro- ate a it irom ont'ess, liat my been I wliat- that I lose re- o were feeling o liave round- that as appli- desire a ma- prople, iuy gen- ) ri»e, I de, and ve little the hon. idopied; lowever on com- 'oduced, link was astances ug these govern- r endea- ms to thf King's government, the relief which the Assemhly had forinerl}' declared to be so necessary , and it is obvious, that they desired and hoped to obtain an enactment of the Imperial Parliament, which should effeclually remove every doubt, and obvi- ate every ditficully before the evils apprehended should be actually experienced — The former dis- cussions of this question had irisen from causes, Mhirh it was evident the government could not prevent or control ; but while iliey had no part in those discussions, they were desirous of quieting eflectually the apprehensions to which they might lead, by soliciting silently from his Majesty's go- vernment, the necessary remedy. We find, hir, in the message before us, and in the copy of the des- patch of Earl Bathurst which has been since com- municated to us, the elFect of His Excellency's in- tercession. It is evident from his Lordship's des- patch, that His F'xcellency had solicited und hoped for an enactment of the Imperial Parliament ; for His Lordship expresses his regret that the parti- cular representation to which the depatch is a re- ply, had arrived at a period of the session too late to admit of any measure being proposed to Parlia- ment. His Lordship, however, fully concurs in the recommendation that all persons, now in th? Province, shall be auinitted to the civil rights of subjects, withnoolher qualifications than we have ourselves thought it expedient to provide with res- pect to all persons coming hither from Ibreiirri Countries. This very gracious declaration o< ihe Knig's government and His Excellency's messnge entirely in the same spirit, have been communica- ted to both houses of this Lo/islatun, rmd the bill, Sir, uow upon the table is the rgsull of the conside*- ■J •1 I •{ .12 ) .1 , h' 1^ !li aflon. %vfiir!i t])r Tjrglsl.iiive Council has given tc*' th»'.-»( rodunu.iiratioits 'r!i0 8te|> wljicli romuiiiw lo hf kiken r^'sit. with us. We now know by an open ami <'xpruil dcclanition. th«' sontimonls bolli of His Mnjpst>*8 goNornnieiit and oi" the government of this Province. The iTiraBurr which the T.egislalive Council win agree to. or rather which they have .igreeil to, a|)pr'nrs in the I'ill ihey have sent down to up ; and therefore, whatever i of res- ith us. Wility, if ties and )itaiits of exposed g which rsonally. ii I shall nimittee, I, I con- ileration, come to, re called t clasHcs the bill, mclment 1 10 give It is im- heatl. If lad been made as I have now read to the commiUee, T have on a former occasion declared as a judge, and on oath, my conviction that that change has taken place in the poHtical conditioi* of the citizens uf the United Stages of America, formerly British co- lonies, which places them on the same grouner a question shall arise in a court of Justice respect- ing their rights, as natural born British subjects, must be declared by thsit court to be not leg dly entitled to them. This is a consequence which I would wish to avert I have made up my mind as to the safety and expediency of granting relief to the full extent ; and I have as little doubt that this can be only done by a positive enactment. Then, Sir, the question which presents itself next in order, i?, whether the bill sent down to us from the Legislative council, will fully ai swer the purpose; and, if not. whether we ought to concur in it or adopt nny other course of proceeding — This, 8ir, Hivolves consideratioiis rcispecling wliieh ' I '1 'I (44^ I am desirous not to be misundepstood ; and as the b«'si mniuis of avoiding it, I shall st i»e my opinions o|>only and without reserve, and shall be happy during the discussion toatFord any further eiplatia- tioii ot'my sentiments that m.iy be (lesired : tor the question is certainly not without ditHculty. In the first place, Sir, the bill is evidently in- tended to confer every civil right of subjects; there is an inaccuracy in tne wording of the tirst enacting clause, which in the course of the discus- sion, 1 will point out, and which, if not corrected, nii^ht leave room for a construction that would confine the enactment merely to the confirmation of the right to hold real estate; but whether that is a mere clerical error, or whether it has crept in in consequence of an impression at one time adopted by the council, that theii enactment could legally go no farther, and of an omission to alter that part of the bill after that impression had been abandoned, as it evidently has been, it is ve- ry clear to me, Sir, that the Legislative Council intended their bill to include the grant of every civil right of liritish subjects ; otherwise the pre- amble of the bill and the title of it, and the proviso it contains for preserving our own Statutes respect- ing siltmg and voting in the assembly, wouio be altogether inconsistent with the enactments. At all events. Sir. we can remove every doubt by an amendment, a tew words will effect it, and 1 take oc( isionto say thus early in the discussion, that I am tbroxrepling no privilege, and I am ready to concur in n?iy measure, which a majority of this Committee shall think most advisable for obtain- ing all. (45) r»ut assuming as I <1o, that beyond a doubt the I.e^^islitivr rouucil intended to grant the neceusa- ry t'i'liet* in lull ; and remembering (bat we can flii|>[>ly by an nmondmrnt what 1 think is an omis- fiion. »ve liavo still to ;»8k oin-Helves whether Itiis J^egislature has power to pass an act which shall conr«'r witliiii the colony at least, every riglit of a natnrd born subject. I will state. Sir, fairly what i think oit that point. We know that we derive our lo|^ishitive powers from the Statute 31 Geo 3, which giive us tlie constitution we are act- ing under. NV e know also, that that Statute does not restrain ns from passing acts of naturalization that shall have effect within the Province,altboUgh there is among the general Hoyjil Instructions which regard legislation, (and which as they must govern the King's representative in assenting to or dissenting fn.m "he bills which may be passed^ have been always communicated to the assembly for their * nformaiion) — an injunction not to assent to any bill for naturalization, and this restriction would necessarily prevent His Excellency from giving effect to any enactment of ours for such an object, if he had not been relieved from it, in this particular case, by a special Royal instruction for tliat purpose. The questioix therefore is purely a legal and constitutional one. i have no dou' t that we may pass an act conferring on an alien, the right to bold lands and to hold office with perhaps some exceptions, and qualifying him to sit on juries, and to exercise generally the rights oij a natural born subject; but there are particular privileges upon ^hich the highest value w ould be placed that stand l! xtpovi n different ground. The Slst of the late King Sir. provides that no person shall sil in the Assern. h\y of this Province, or shall vote in the election oi'a member, who is oot a British Subject b} birth, or by conquest and cession of Canada, or a subject naturalized by ud of the. Hritish Parliament If, therefore, a porson naturalized by our act, and liot by act of the British i*arlinment, can neither vote, nor sit in tlic Assembly, is it proper that we should pass an act professing to grant rights, that, in fact, we cannot grant? This, ^ir, i confess is the only point on whicti I am doubtful, I mean as to the question of what is most expedient under very pe- culiar circumstances. 1 know that without any Royal instruction, without any recommendation, we have been in the habit, for years, of passing acts as clearly repugnant to the 31 Geo. 3, parti- cularly in matters of trade; that these rets have not been disallowed but acquiesced in, and at length after being Hct*»d upon for years, have been recognizeil in enactnienls of the Imperial Parlia- ment. 1 know too. that I have in vaui called ihe attention of the house -to this repugnancy while such acts, as I have spoken of. uere passing; and I know, Aiir, further, that within half an houi of en- tering upon this discussion we have sent up a bill to the Legislat ve Council as clearly in violation of the .31 Geo. .3, as any provision in the bill before us can po^-sibly be I mean the bill for enabling dlflerent classes of diss* nters to hold office — T'le 31 Geo. 3, declares, that no person shall si' in the assembly wiiho«:i taking a certain oath; •i.f avowed object <.l t!ie bill we liuve passed this morning, is, to allow j ersons to sit in the Assembly ( 4T ) .mg who will not tnkp that oath, ari'.l to acrrpt of theiv d»*ch»rnt«on itstencl. Our right to pass Huch an act was (li»i us8(ul in this session and in the last, but we all know, Sir, how vain would have been any attempt to oppose the Bill here upon that ground. f state these circumstances, Sir, merely tore- mind the committee of the acts which this ass( m- bly has passed without eren the inducement or sanction of a Royal message ; but I do noi by any means go the length of asserting, that if a question had been raised in our Courts upon any of the enactments I speak of, they w uuhl not have iVeen declared invalid, so far as they were in opposition to the British iStatute. And, Sir, I beg it may be understood that if I am asked, as a Lawyer, my opinion whether this bill passed even with the Royal instruction reci- ted in it, wouhl confer the particular right, which I am now spe.iking of i must candidly declare, that I am of opinion that it would not, and so I mu»t equally declare of many enactments which have passe■' sent to England, it will, at least, from the moment of Its passing, set at rest every ditfit'iiliyrespontiMg the title to reil property, anfl ohviale other itinon- Tenience* to which many persons arc now expos- ed : and with respect to those rights comecU'd with the fjegislatiire. if it be inefTfCtUijl in confer* ring »hem, as I must s.^y \ think it would be, the persons claiming those rights would only remain subject to the same doubts as at present. In the desire to confer them, all are agreed, the bill would profess to do no mor?' than His Majes- ty's Government have expressed their approbation of; and, if the King's government should feel it necessary to disallow the bill, we can only imagine thai they would do so with the determiontion ol supplying all that was desired, by an act ot the Imperial Parliament. In that ca»o ihoy will have* the advantage of seeing by this bill, what provi- sions the Legislature of this country desires, and will liave the most certain information of the dif- fi<*ulties fpltor appreh«'nded and the p;srticular re- medy which it is thought proper to apply to them. But. Sir, I have no intention to press this bill, 1 if il is :)gainst the sense of the committee, and I will f proceed to state, that there is another course which must readily f^uggest itself to us all, and witich deserves consideration. May we not pass the bill in such a shape as will conterall other right? ot British subjects, except those which are especi- ally mentioned in the .'^Ist of tlie King."* This we are ompelent to do oi' course, and the question ih therelore merely one of expediency. lii moment es[)ontiMg lor iiiron- ;on''ecU;J I be, Ihe V remain t. jreed, the ^is Majes- )probntion ulSB this bill, p, and I will her course us nil, and we not pass other riglit? are especi- r ? This we question ifc ( 51 ) In f'lvor of such a coin'se it may be stated, that by buchan aci we do promptly Rvery thing we c;in in tiivor of iho persons wiioiu we are desirous to protect, tliat we at once provide a remedy ssotai: as we are uble, and iliat His Majestv's government cainiot fail at our intercession, to do ihe rest with th* least possible delay Against if, it may be urged, that by conferring those rights which it is in oup power to confer, we declare, bej^ond doubt, our judgment as to those disatulilies which we cannot re.nove, and that we shall create apprehension, and ma^ produce inconvenience, by calling atten- tion to the evil before we are prepared to admin- ister the remedyc " Undoubtedly, Sir, all this it is our duty to con- sider, the choice of measures is here before us ;-— and, as the representatives of the people, we are called upon to decide which is the most proper and effectual course. My mind. I repeat is made up — I would concur in passing this bill under the very particular circumstances which are express- ly recited in the preamble, in the conviction that it can do no harm, and that it may lead the most rea. dily to the result we all wish for. But, 1 am so lar from being obstinate in this opinion, that if the committee generally think it better to pass no bill,, but to unite rather with the Legislative Council in an address to the Governor, soliciting His Excel- lency's further ijitercession with His Majesty's go- vernment for an Imperial act \\\ conformity with Lord Bithurst's despatch, I will most readily and cheerfully concur in that course, and give any as- sistance in my power in promoting it. I have, in- deed, Sir, already conisidered this alternative; and .-, j :>'^ it . If ( 62 ) 1 drew up last evening, (but very hastily) a series of resolutions similar (o those oflerecl in 1824, which 1 will read now to the committee, that they may have the subject before them in every point of view, at this early stage of tne discussion, and I'e the better able to decide upon the preferable course. [Here the Attorney General read the rcsolnlioiiri which are published billow.] I think. Sir, if the committee determine that they cannot paiss the bill in its present shape, and if 4hey deem it unwise to give relief partially, looking to the Imperial Parliament to supply what is want- irig, that then these resolutions, or something like these, will sufficiently explain the reasons of our conduct, and represent what it is that A\e desire. For my own part, I repeat, that i "'-^'dd go with the committee in either course, t^.v / for the rt^a- Bons I have stated, 1 prefer the lusi. They have all in view the same object; and, whatever we may decide, it must be evident to all the inhabilant^of this province, who are interested in this measure, that they are exposed to no danger from which the government and the Legislative Council, are not as anxious as we can be to protect them. In truth, the whole measure now rests wkh us, and 1 hope and trust we shall dispose of it in th Resolved^ That this house receives from his Ex cellency,lhe Lieutenant Governor,vvitlj much sjuis- faction, the assurance, thai in the opinion of his Majesty's government, it will be advisable to confer by a legislative enactment, as his Excellen- cy has been graciously pleased to recommend, the civil rights and privileges of British Subjects up- on such citizens of the United States of America, and natives of other Foreign countries resident in Upper Canada, as are in truth Aliens, although they have hitherto eiijoyed without questioti the rights of subjects. Resolved. That it appears to this house, that although the gracious intentions of His Vlajesty & of the Government of this Province, are sufficient- ly evident, and cannot but be, in the highest de- gree, satisfactory to the people of Upper Canada, *t may nevertheless be doubted, whether those ci- vil rights which regr»rd the capacity of voting in the election of Members of the Assembly of this Province, or of holding a seat in either house of the Legislature, can be rontened, so as not to be liable to question, otherwise than by an act ot the Imperial Parliament. m ■i { r 66 ) Resolved^ That this house are, on that account disposed humbly to nupplicate His Miijesty to rei'er to his Imperial PaHiament, and to that end, to pray that his Excellency the Lieutenant Governor vvilla- gain solicit his Majesty's s;raciou8 recommendation to his parliament, to confer, at the same time, upon such inhabitants of'thp province as are affected by the foregoing resolutirt/is, all those other rights, and privileges which his IVlajt:ty'B natural born subjects of this province enjoy. '■f=.i ,■:-'•«■>■ UNIS. ■| *'■»■• yiU' ;\.^' 1: ■fi fV.'>JV " ^> ^^^^4 ii^^^^k iy-L^^ *-4- ',*» * ■i^.i.*, • ■^ count I reier » piay willa- latioii upon edhy ights, born