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LOWER CANADA
UPPER CANADA.
/
FURTHER
COPIES OR EXTRACTS
*
fj^l
OF
CORRESPONDENCE RELATIVE TO THE AFFAIRS
I . ^<
OF
tiOWER CANADA AND UPPER CANADA.
LOWER CANADA
NOVA SCOTIA.
UPPER CANADA.
NEW BRUNSWICK.
PRINCE EDWARD ISLAND-
[PRESENTED BY HER MaA&TY'S COMMAND.]
(/« coHtimiatioH of Poperk praeiHed to Parliament on Me aarf Decembtr 1837, No. 72, and the
l6(A Sf igfit January, and id Febrvary 1838, Not. 80, 00 4- 100.)
Ordered, by The House of Commons, to be Printed,
4 May 1 838.
357.
"♦ »
I
I " J*
./
/
LO\Ver CANADA - .
UPPER CAN4PA -
NOVA SCOTI*A
NEW BRUNSWICK
PRINCE EDWARD ISLAND
„.-^_
y
P- 73
(>■ aia
p. 248
357.
r
[ i't J
S C H E D U L E.
"N
■ ii
y
f. I
P- 73
p.sia
p<ai6
p. 338
LOWER CANADA : % >
No. 1 — EKtrtict of a Denpatch from Lieutenant-general Sir John Colborne, o.c « to Mfcior-
general F.lzroy Somerset, k.c.b., dated Head Quarter., Montreal, o Januar* iStU-
(eight I'.ncloauret) »--.... /j>
' ^ "--p. I
No. 9.— Copy of a Deapatth from the Earl of po.ford to LordGlenclg, dated Ca.tle of St Lewi,
Quebec, 8 February 183H; (one Encloaur*) - - - . . . .'pi
No. 3w— Copy of a Despatch from Lieutenant-general Sir J. Colborne, o.c.b., to Lord Glenele
diited Head Quarten, Montreal, 10 February 1838; (two Enclosures^ - . p."'
No. 4.-Coi)y of a Despatrfrfrnm Lieutenant-general Sir J. Colborne, o.c.b., tajird Glencfo
• dated Montreal. 17 February i»S8i (four Encloaure.) - . ; UaM*™ yjre'g;
No. ft.— Extract of a Despatch from the Karl of Gosford to Lord Glenele, dated Castle of St I^-wit
a a February I B38 - - . . . . .. . . v... »*wij
No.6_Copy of a Despatch from Lieutenant-general Sir J. Colborne,' o. c. b., to Lord Glenele
dated Government House, Montreal, 27 February 1838 ; (two Kncliisurce) . p. 9
No. 7.--C0BJF of a Despatch from Lieutenant-general Sir J. Colbonie, o.c. b., to Lord Glenclir
dated GoTernment House, Montreal, a8 February 1838; (one Enclosure) . f. 10
No. 8.-Copy of a Despatch from Lieutenant-general Sir J. Colborne. o c. b., to Lord Glenclir
dated Government House, Montreal, 3 March 1838; (seven Enclosures) - p. ,,
No. 0.-Ejitract of a Despatch from Lieutenant-general Sir J. Colborne, o c.b., to Lord Glenele.
dated Govemjuent House, Montreal. <, Mdrch 1838 ; (one Enclosure) - . p ,6
No. lO.-Copy of a Despatch from Lieutenant-general Sir^I. tolborne, o.c.b., to Lord Gleneli
dated Government House, Montreal, 19 March 1838 ; (two Encl.«ilr«4) - . p. ,7
No. n_Copy of a Despatch from Lieutenant-general Sir John Colborne, o.c.b., to Lord Glenele
dated Government House, Montreal, 30 March 1 838 ; (live Enclosure.) - . p , o
No. la^opy of a Despatch from Lieutenant-general Sir John ColKorne, o.c.b., to LordGlenelir
dated GovemmMii Hw«>.-MQnVs»l, 3, March 1838 ; (one Enclosure) - : p ai
No. la-Extract of a Despatd. f.oDr_Li,utenam. general Sir John Colborne^. o.c.b.. to Lord
Glenelg, dated Government House, Montreal, as April 1838; (thrive Slnclosurw) p. 23
No. 14._Copy of a Despatch from Lieutenant-general Sir John Colborne, o.c.b.. to Urd Glenelg.
dated Government House, Montreal, a4Apiil 1838; (three EncloNire.) - . „ '5
No. 16.-Copy of a Despatch from Lieutenant-general ^ir John Colborne, o. c. a., to Lord Glenele
dated Government House, MonUeaL^7 April 1838 - . . . ^"•"''K<
No. 10.-«opy of 4 Despatch from Lieuten^^ferid Sir John Colborne. o. c. ... loLordGirnelg.
dated Government House. MontraHp April 1838 ; (eleven Enclosure.) - - p ^'
No. 17.-Copyof8 Despatch from LieutenantgeneraI«irJohh Colborne. o.c.b., to LordGlenelir
dated Government House, Montreal, 7 May 1838; (13 Enclosures) - . p^^
No. Ift-Copyof a Despatch from Ueutenant-mBeral Sir John Colborne, o.c. b., to Lord Glenele
dated Government House, Montreal 8 May 1 838 ; (one Enclosure) - . p fj
r
JUPPER CANADA :
No ^"--^.-^t'-g^^"^-^^^^^^^ B. Head's Despatch .„ Lord Glenelg, d.^
No.20.-Copy of a DespatcWrom Lieutenant-govemor Sir F. B. Head. Bart., to Lord Gle^ele^
dated Government House, Toronto, 3 Jaifuary 1 838 ; (one Enclosure) - . p. fi
No. 21.-Ex(ract of a Despatch from LiSutenaiit-governbr Sir K. B. Head, Bart., to Lord Glenele
dated Toronto. 10 January 1838; (thirty.four Enclosures) 1 . - - p g^'
No. 22.-Copy of a Despatch from UfUtenaHt-governor Sir F. B. Head, Bart, to Lord Glenele
dated Government House. Toronto. 13 January 1838 ; (one Knclosure) - - p. icx>
No. *»— C«Py «J.« D"P«cli from Lieutenant governor .Sir F. B. Head, Bi.rt., to Lord Glenele;
dated Nugkrai 10 January 1838 - - - ?
No. a*— Copy of a Despatch from Lieutenant-govemor Sir F. B. Head, Bad., to Wd Glenele.
dated Toronto, aa January i83>; ( s wiC pclo»ure) ;. . - . - ' . p. ,oi
No. **•— Copy of a Despatch from Lieutenant-gosemor Sir F. B. Head, Bart., to Lord Glenele
. wed Toronto, 7 February^ 1838; (iwenlV-oneEncloaure) - . - - p 104
^'*'^'"^%'^«*l/'*'j ^j™t™«»tWe™'"^ir F. iff. Bead, BaS; to Lbrd Glenelg,:
oatM Toronto, 6 March 18381 (one Enclosurn) - - - . - d lik'
=«'• '^ ' , No. 27.i
\y
/ .
• —^—-. . __^ f .
No. iTJ,— Cony of« Detp«ichfrpm Lieufemnt-eoTernoK Sir V n u j „ f
./utcd Ton,,,,... (i M?.rch iHjsTconf E«urc) "^' ""'- •" ^"^ «'«»'•«.
N.>. 28._ro,,y of ■ Dcpatch from Sir F. I). Hm.I B.rt i« i j <., ' ■ " '<• " P' ""
f>^' Toroiuo. 6 March ,838 ; („,,* KncJur") -I ^ '^"^ ^l.n.lg.d.M Uppw C.n.d., .
Nh.. 2fl.— Cupyof a bMpnlch from Nr F.-n. ile,d')l,,i ,„r A n, , ' ' --P'*'
- Toronto, la M.rcb ,838 ; (ft.L E„cl"u„.;, '' '".^"^ °'''"''8' ''•'•«' tpp«'C«»d..
No. a().-Copy of , Dwpalcli from SirF i) ll»<l lfc.« . i "^ ..> ■/"^''•' - p- m
Toronu,, .7 M^reh ,838 ; ILLKZt!.)^' "' '^"' "''"«'«■ ■'•"d I'pper C.„-.d..
No. 3t._Copyof a 0„p«tchfrom,Sir/r. I). Head Hart r„ I„.j r-i ', .' " ' " P- '"7
^ Toronto, ao March ,838 ; (one EncUuri) . ' - ^ " *' ''"'^ "PP" Canada. .
y "'-"■- p. «o«
NOVA SCOTIA
<*-.
NEW aRUNSWiCK:
No. M._Copy of a Dcpalch fro.,^ Mojor-Reneral Sir Th I ' ^ '^"''""'"») " P- »!«
PRINCE SDWARD ISLAND : * „.,
No, 41,^Copy of a Des^irb from Sir' Charlei A. Fiticov K .. .„ I ^ r*'. . . ^ " "^
i..eni Houae. Prince Edward /.laodVag Ja3', g 'o'.' /," '^^'* P''"^8' d«t*d,Gor.rn-
No. 42._C<-,y of a De.patch fr«n Sir Ch«,jl. A p?^ ^ ' ^ ^"'''>""«) - ■ P- «8
>2i8 ; (on, EllZr^^n Obt^^A. F.uroy. «. „., u, Lord Gl.«elg. dated ,*M.rch
_,. " ■; ■ - • - p. sag
it-
FUft'
•I
I
!
ExTnAi
\.'\
Mon
I HA
' mandiii
.-in luy <
3(1 inst
of the I
700 knc
Vohi
not leaf
Foreter
comm.i
The
mortan
yestcrd
and„ina
hribi
invade
the intt
arrange
infornii
I tra
tive to
appean
have' in
It w<
with r<
on any
to incui
either (
force o{
the Atn
ancc oi
Island.
1
/
Sir,
I IIA«
governor
to the pii
Coloiu
3 5;.:
')
f--
Bart., to Lord Oleorlg,
-,, - p. Ii8
g.dAted Upper Cunida,
-.p. IJI
I, dated Uppei' Cuwda,
^'^V-' ^-r - p. Ill
S, dated Upper C»nad«,
- - - p. i(>7
dated Upper Canada, .
- |>. ana
•f. >
FUilTllER (;OPi-ES or EXTRACTS of CoiiKEspoNiJtNCE relative to the
J?
^
Aflkirn of LuweU and Upper Canada.
LOWER CA NAD A.
(^
C.B., to Lord .Glcnclg,
- p. di'i
c. B., to Lord GlenJIg,
"■; ■- - p. «i4
'. B., to'Lord Gleoelg,
) - - p. ai5
II , to Xord Oleneljf,
Bncloauret) - p. 316
n., to Lord Glenelg,
:lo.ure.) . p^.j.y
' Lord Glenelg, dated
") ■ - p. Ml
I Lord Gleoelg, dated
' ■ ■■- P- aa3
Lord Gleoelg, dalfNl
• - p. 834
Lord mienelg, dated
') _ - - p. aaC
Hg, dated,Covern.
6«) - - p. ai8
elg, dated 3' March
- p. aag
ExTij.ACT <}f a DISPATCH from I,iou^pniint-(ieiM-rnl Sir J. Colborne^, a. c. b.
i) Mlijor-gen«?ral lx)rd FiUroi/ SomerfeC k. c. b. ; dat«l Head Quarters
Montreal, 9th January 1838. ,^ » - . • '
^ 1 HAVE the honour to acquaint you, for the information of the Genei^l Com-
manding-in-ChicC that the'Americaii force from the United States, mentioned
- in luy tJcspiitch of the 2d instant, still retained possession of Navy Island on the
3il instant,- ^he d»te of my last iiccounts from the Niagara frontier. The reports
of the numbers oii^^the island vary ; jt is generally supptwed that they have about
700 hien well Jirmed, and ninje neld-pieces. ^
Volunteer* frt)a(»-|he Upper Canada milititr are flocking to the Niagara frontier •
not less than (i,00tt men are assembled in arms under Colonel M'Nab. Colonel
Forster, I believe, arrived at Niagara on-tlie 2d Jwiudry, and assumed the
command. ,
The 24th regiment, the reinftJTcement of tlie Royal Artillery, and the 1 0-inch
mortars. Which I ordered^ from Kingston, would probably have reached Chippawa
yesterday; the five companies of the 32d regimenttefe on their route to Niagkra
and„may arrive there on the 12th instant. —e >
hifbrmation has been received that the Americans are ninking preparations to
invade the western district of Upper Canada, frt^ Detroit , but the reports of
the intention* of the Americans are so vague in respecrto the 4)artie8 making
arru'ngentC'nts to invade the province, tliat I d» not attach much credit to the
. information received from t^at frontier.
I transmit to youi^e statements forwardedto me by Sir Francis ,Pead, rela-
tive to the capture of the steam-boat Caroline, in an American port. Thire
appears no doubt that this vessel was employed in the service of- the pirtites, who
have' invaded our territory frort the United State*.
It w6ti\d be a hazardous enterprise to attack the Americans on Navy Island
with referencfii^to the rapid current and the difficulty of disembarking at night
on any part of the island near our own shore. I have desired Colonel ^r«ter not
to incur any great risk in making an attack, for 4 trust that the pirates ma3;^be
either dislodged by a constant fire from our batteries,' or, thjit on findingthe
force opposed to tliein increasing, ,the/will disperse themselves, particularly as
the American Government must now see the necessity of preventing the convey-
ance of supplies, and the passage of cecAiits, through their territoir to Navy
Island. ' ■'
, tOWER
, CANADA.
^No..i.
Sir J. Cylborne to
Lord F. Sonieriel,
9 January 1838.
— --~i!!:P.ii.
/
Sir,
EncMure 1, in No.-l.
Head Quarters, Chippewa, 30 December 18S7.
I HAVE the hotfour to encloBe, for th^. information of his Excellency the Lieutenwit- End I in
governor, jeveral papers connected with the capture of the iteam-boat CTaioline, belonging
to the piralea who have.joined the rebels on Navy Island. ^" » "S Hi
Colonel lhc^HMi.^on««-Joiie8, (signed) Allan Jf. M'N^, Col. Om*.
No. I.
^
- n
— 357.-
4^
fl —
«■
-^---^--^--
1
I
"'■
\. •
s
\ •
'
■ 1
■ -^ -, ..^..,-
LOWER
CANADA.
Sir J. OJborne to
Loid V. Somerset,
g January 1838.
Encl. 3 in No. i.
CORRESPONDENCE RELATIVE TO THE
J ^■'■
Enclosure 2, in No. 1.
Sir,
liad purchased aiteam-boat, caKed the SnlT f»^. . . P?""' '""^ "'^^>' »' Navy Islai.d
countjy, and be^g confinned in my infJrWtfo^' veiZ.'»A''lK' u'''"^^ invasion of th.s
British colours) appearing at the is wd T Z,^^^ ^ ""^ ^"^ ('*''''^'' W''«J Under
sent Captain I^wTf thelloy JNC^h^ in JhSt l.T." '"'""S •»«'""•; and havmg
teers (whose nSmes I .hall hereafteV^i^.innN % ^"?^' "*'»""' *'"• » "ew of volun-
handsomely eff^eted. ^' """"'"'> P«rf»™«l this dangerous service, whK:h was
Colonel the Hon. Jonas Jones ■ / ■ jv . .. ^ ^^"^^ ^■
a/d.C. ' (^'K"^) ^Z^" A^- A/'A'i.A, Col. Com..
We ha« two; or th«e wounded, and the pirates about the same number killed.
/'■ A. N. iPIfab.
Encl. 3, in No. 1
/ - ' Enclosure 3, in No. 1.
Sir, _, (.
„ I HAVE the honour to inform vou that r »,»„» ^""'PPew". 29 December 1887, 8 a. m.
Navy Island, to which po"^™ P^^a^davCik ^h''* from the neighbourhood of
position of the rebel forceT P"'<*«>«« «' daybreak with my spyglass to inspect the
■ The Hon. Colonel A. N, M'\ab ui,„«^\ t v, , . • ' ^ave, &c.
8ic. ate. &<:. ^ *^^ "^^ ^"^f Lieutenant Royal Navy.
Enclosure 4, in No. 1.
^ To the Hon. Colonel 3Wfa«; Commander-in-chief of the Force, of Up,«r C«,«b
.« m» on u,. bJdg., .„a ^ZSZS* ,E i.iSiS'KT.yiS' *"' ""'■ "»' '^
I have, Sic.
(signed) WUUam Locheood,
First Lieutenant of the St. Catherine Troop of Carslry.
!r'^
i;
I
Enclosure s, in No. 1. «•
•iiMherof DoncAnbe's men, down to Chippewa, and cixWd tl«i N^ J^!lr . • *""?'
p^tnoU; that he waa on board the •team-WCaMm^^thT^iT'TJLJT' *" ^"'".'^
way to Navy laland, at %U time she waTcaoturH • th^» Tl 1 1 ^?** ^'*' «" ''»«''
wa» tiwproperty efrhe tJntfecTSSitei, tiid%at il
waa in
charge
i.
Ai-^
TEIE
loming, Three o'clock,
ellency the Lieutenunt-
nd rebels at Navy Island
itended invasion of this
Mt (which Railed Under
ig her out ; and having
T, with a crew of volun-
rous service, which was
^ to get the vessel over
Her colours are in my
I have, &c.
M'Nab, Col. Corns.
nber killed.
" A. N. M'Nab.
smber 1887, 8 a. m.
the neighbourhood of
jrglass to inspect the
wndiag the northern
was fired at from all
res of heavy ordnance
fort.
ifactjto thetruth^of
have, 8cc.
mant Royal Navy.
AFFAIRS OF LOWER CANADA, «cc. 3
charge of one Parker, who this deponent understood was a brother of the Parker now in gaol
m Upper Canada for high treason, and who formerly kept a shop in Hamilton. Said Parker
bad several recruiU for M'Kenzie with him ; that when the boats approached the steam-boat,
a nfle was fired at them from the stefii-boat; that he then ran forward to the front of the
steam-boat, where he was made prisoner.
» (signed) Sylvamu Feamet Wriglty.
The only firelocks deponent taw on board were muskets antl rifles.
(signed) . Sylvaiius Fearuet Wrigley.
Sworn beibro me at Chippewa, the 30th December 1897. '
(signed) W. Hamilton Merrritt, J. P.
Enclosure 0, in No. 1.
Upper Canada. Niagaral Bb it remembered, that before me, Bartholomew Tench, esq.,
District, to wit. J one of Her Majesty's justices assigned to keep the peace in and
tor the said district, personally appeared Michael D. Gander, of the township of Willoufrhby,
in the said district, yeoman, ancf now an ensign in Captain E. Usher's Volunteer Company,
who deposcth and saitli, Aat ih&filoming he was in company with his brother and another
person, named Henry MatthiiU on^ the main road legntaiK to Fort Erie ; he saw about 10
men on Grand Island, ' aboi^t/four miles above Na^^bnd ; he looked through a small
glass and saw from 13 to 80 men carrying trees towarBPT ravine for the purpose of making
a bridge, without which it would be impossible to transport guns, which the deponent Ihmks
was their object. About 80 rods higher iip on the island there was another party of five
men, who advanced towards the water's-edge and fired five or six shots at a party of about
eight or ten persons (among whom were five or six females) who had assembled on the brink of
the nver from motive* of curiosity. The men were »ll armed, and, afier firing, returned to the
ravine; after which they dispersed. Deponent further declares that Briti»h aubiocU on Uieir
own soil were wantonly and unprovokedly fired on from Grand Island by a party whom he
believes to be Americans. j r j
(signed) Michael D. Gander.
Taken and acknowledged before me, aRer being first duly road at Chippewa, in said dis-
trict, this-20th day of December 1837. kj- , u u»
(signed) Bartholomew Tench, i. P.
LOWER _
CANADA.
N~i.
Sir J. Colbo'iie to
LoiU F. Sjoirierset,
9 January 18^.
End. 5, io Nu. 1.
End. 6, in No. 1.
Up])er CaModa.
' December 1837.
ock ^boat SO men
a bridge across a
g their movements,
ineir work they left
roop of Cavalry.
ship of Dumfries,
I and saith, that
joined him in the
fith Alfred Luce,
river to join the
■ed Luce, on their
uce was killed in
riots; that on the
m Fort Schloaser
s army ; that the
)n put on board ; _
knd that it was in
charge
1
Enclosure 7, in No. 1.
Upper Canada. Districti George Nolop, of the village of Bnm'tford. in the distrkf of Fn.i , i„ n- .
.h f^^H^'u^, ""'r J ^'"*' y«"^' deposethandlaith, that h^ b a Brtoh Set '' '
that on theSBth day of the present monTf he wVntoutou business to the United sttes- that
On arriving at tort Schlosser, in the 8»id United States, he was taken prisoner by a^iim^
h'^^'hI '"''".' 7*"°?*"* "•'^yr'^™ '=''™'" °f '•>« ^"^^ States ; that he STput und^S
and detwnod for about 94 hours ; thdthe, this deponent, rep^itedly apXIto b^ hLS'
but was told by the ^uard that they wouW not let "any dimn^ToijJ Jo ; that wWllt h™S
tlS°sL.l , 1,^ r'^^'.^r'"" ' *i*-P°"°'J". »'«W'>g. ^ hYsluirf told him. toZ
Nat^llnS^',^'"K^f\. '*" '^'* ""•* P"i' ?" »»««^ fl** Bteamer SaroUne, and tken to
1 l:^^^ • V *'"i^' ^^ "** ' P"*°"" ''« ''••«' the men belonging to the boat state thai
the Boat belonjjed to the patriots, and that she was to be employef SL sto^ Ju^^ ^d
other nece««ine. to Navy Island for the u«, of the patriot Trmy ; thatThi e d^S wa.
a pnsoner. some armed men came up to the tavern where he was and .3 fl.=;'Vi,TT ■
Ud got the b«.t; that the men .unfed out and fired u;^nthrS=^;s£yaSTlrier
tha deponent heard fromhis guard that there were abolu SOarm^ men on LTrd the 3 '•
that during the confusion he made his escape ; that when the crew of t!,e tit went dowTto
man her, fiey marehed in reRular order; that i^ the guard-room in the tav^n Zhere h^ww
confined there was a cask filled with six-pound shot,\nd two casks of S andTanLiTf
and the men belong.n«r to the steam.boat «iid that said shot had beertak^ ouHf tt«
arsenal at Buffalo, an? was to be «mt to the patrioto; that one of the crew Jd tWs de^
no' glv^i "^ '^'^'^^ •'""^ '''"•"' *■""» thVattwdting pSTy. butTi dj
(signed) QeorgeNolop.
Sworn before me at Chippewa, this SOth day of Docembar 1887.
(signed) Gttrg* Piyhat,J. P.
\
3S7-
B a
LOWER
CANADA.
Sir J. Colborne to
Lord F. Somerset,
9 January 1838.
Encl. 8,inNo. 1.
I,
* CORRESPONDENCE RELATIVE TO THE
Enclosure 8, in No. l.
Upper Canada. DistricflLuKE Walker, of the city of Buflklo. in the state of N—
tw"! ' I*"* °" '^"^ "'*' steam-boat Caroline last night when she wTsc^^u^ -
that there were about 30 armed men on board ; that the said W as he unr^.^ '
his
Luke X Walker.
mark.
D^ZL^Is7-j!"" "' ^•''PP'""' """ •'"'""« *-- f""y ««d and explained to him, this 30th
W. Hamillon Merritt, J, P.
No. 2.
Earl of Goiford to
Lord GleDelg,
8 February 1838.
— No. 2. -
(No. 20.)
Copy of a DESPATCH from the Earl of Gos/ord to Lord Glenel<,.
My Lord Castle of St. Lewis, Quebec, 8th February IR'IH
pr o^^r^L-rr^jati i?;5i-reri tSS
to^redeem the promise that I made in return to further *LTS J ^TtS
As these addresses are in substance the same, and in some cases almost
Identical with those that accompanied my despatch of the M EemS-NST^
It may be sufficient without transmitting the addr^s tEmselv^ »b,VK
are numerous, to state the place from which each pSed S 1^01^2
of the signatures attached to it ; and to observe that iKneS tenor oSS
cnminal proceedings of a portion of their deluded cZKen id thS^
determination to use their utmost efforts for th^ JT^^JV^ i ' , ^.
I have, &c.
(signed) Goaford.
End. in No. a.
Enclosure in No. 2.
List of Loyal Addresses alluded to in the Earl of Gorford'i Despatch
dated 8 February 1 838.
4
in
12
IN
DATK.
1837:
December
PARISH,
22
23
28
at
— «
V
■
, *
•
t- ■'
Quebec
St. Philippe
Yamaska -
L'Assomption
St. Amhmise
Becancour
Stc. Rose -
Riviere des Prairies
St. Linn
§tt CharJ t a 1^-^ -
c o U N T V.
Quebec
La Prairie -
Yamaska -
li'Assompfinn
Quebec
Nicolet
Terrebonne
Montreal -
Lachenaie
"'llei'hMPe
Nuabrr
of Siguuum.
1,900
13S
208
984
133
383
143
_J4_
{ 1837 :
' 20 DecemI
3 26 —
t31 —
? 14 —
AM
Sir,
With
have fecei
States ani
on the fi
that it a|
month* 81
in Novem
Platzburg
paratioqs,
roingfonl-
It bec o;
tmvWp
THE
. m the state of New
labourer, maketh oath
'hen she was captured ;
as he understood, wa^
Juring the day in taking
lying down, when he
:nemy !" that he heard
hard work to-morrow;
to take them over."
his
Luke X Walker.
mark.
ained to him, this 30th
nUlon Merritt, i. P.
»rd Glenelg.
I February 1838.
lately presented to
ur gracious Queen,
1 in consequence of
J declare, I hasten
their wishes in this
ome cases almost
)ecember. No. 136,
themselves, which
I, with the number
leral tenor of all is
ler Majesty, their
and Great Britain,
d laws which they
tprobation of the
rymen, and their
)i peace and good
nong all classes of
lave, &c.
) Gosford.
Despatch,
Naabrr
of SigiMiiim,
1,900
135
208
984
133
383
143
AS6
AFFAIRS
WER CANADA, &c.
DATE.
•26
J 26
i 31
2
IS
1837:
December
1838 ;
January
PARISH.
t 14 —
1837:
24 December
St. George Kacona -
Montmorenci
St. Thomas and L'Islet
I St. Michel and Beaumont
; St Edouard
i Oodmanchester -
St. Roch -
St. Charles
Longuevil . - -
Ste. Rosalie
St. Hyacinthe -
La Presentation
Rigaud
COUNTY.
Kamouraska
Montmorenci
L'Islet
Bellechasse
Acadie
^eauhamois
Lachenaie -
Richelieu -
Chambly -
St. Hyacinthe
St. Hyacinthe
St. Hyacinthe
Saguenay -
Vaudreuil -
Number
of Signature!.
83
600
100
616
224
75
226
273
193
387
287
711
103
LOWER
CANADA,
No. 2.
EarlofGotrord tu
Lord Glenelg,
8 February 1838;
End. in No. 3.
— No. 3. —
Copy of a DESPATCH from Lieutenant-General Sir J. Colborne, o.c. b.,
to Lord Glenelg.
My Lord, ^^ Head Quarters, Montreal, 10 February 1838.
I HAVE the honour to acquaint you, that Lord Gosford informs me, that he
intends leaving Quebec on the 13th instant, on which day arrangements will be
made for my assuming the administration, of the government.
I have received a report from the officer commanding at Amherstburgh, stating
that the Americans who landed on the island of Bois Blanc, and retired to
Gibraltar Point, on the United States' territory, have been dispersed by the
American authorities, with the assistance of General Scott.
The alarm which prevailed in the London and western districts of Upper
Canada has subsided ; and on the Niagara frontier there is no excitement.
The Lower Canadians still continue to collect on this frontier near Champlain
and Platzburgh ; and by spreading reports of an intended invasion of the pro-
vince by the roads passing through la. CoUe and Hemmingford, keep up an
excitement in the counties of Acadie, and La Prairie, and Chambly.
Several communications have been made to me relative to tlie arms and
ammunition, which it is said have been conveyed to the frontier by the Ameri-
cans. I have therefore considered it necessary to call the attention of the
Governor of the state of New York, to these preparations for invasion ; and
I beg leave to transmit to your Lordship a copy of my letter to him upon this
subject, and the reply to it.
I have, &c.
(signed) , J. Colborne.
No. 3.
Sir ,). Colborne to
Liml Glenelg,
»o February 1838.
Enclosure 1, in No. 3.
I February.
4 February.
^"' Montreal, 1 February 1838.
With re^rence to my private letter of yesterday's date, I beg to acquaint you that I End. 1, in No j
have received further information respecting the proceedings of certain citizens of the United
*? and the Lower Canadians who quitted this province last week, and are aMemblins
on the frontier at Platzburgh, Champlain, and the villages in that neighbourhood ; and
that It appears tirom several reporU that a Dr. Cote, who was actually employed some
mwiUia 8iDC« in causing duturbances in Acadie, and a person of Ihe name of Gaynon, who
m November last cromed the frontier from Swanton. with Bouche^te and others, are now at
flatzburgh, supplying the Lower Canadians wiUtanqs and ammunition, and making pre-
paratioijs, with the bngands engaged by thcMnoWs the frontier by U Colle and Hem-
mingford- AftrV
It bwomea my duty to apprise you nft h«i t^fcce ed i i y ,fi>rL sh oM l4 thwe h oa tile prep a ra .
vmm n pcmittM to continue without Ou interposition of the authorities of the United States,
'"siaT ""' **"''***"'' ent«rt«n no doubt that it must be couiidered as a flagrant viola
967.
■3
tion
CA^fADA.
Sir J. Colborne to
Lord (Henelg,
10 Febni«ry 18^8.
End. 1 , in No. 3.
6 C0RRE8B0NDENCE RELATIVE TO THE
tionofthat neutrality which the (inited StatM Oo^^™^ . ■
thertdm request that the informal, to wh^h llZ?Z JIT "^r"" *" ?■*«"«• '
Boon as possible to- the authorities lempoweredlo n^^lM^"?^' ""y ^ """""unicated aa
called on to d«pe,« such partieTas nurtTfouXt P L.^^ T''!:i '"i!'"' """y "^y »>«
for the inTasion of this province ^ '* Pl«tiburgh and at^jamplain, anting
I have, ate.
His Excellency Govbmor Marcv (»'g»e<l) J. Colborne,
8ic. &c. &c. "e<"-Oeneral Commanding.
End. a, in No. 3,
No. 4.
Sir J. Colborne lo
Loril Glenclg,
17 February iSjS.
, - !
'I^- Enclosure 2, in No. 3.
Sir, A Ik.
thinlh'".*? "f^nowledge your two communication., one dated feu,*''^?^ "'"'.^
:i fciKt::/:i^yio^S'i^si%ni^^^^
he ^^"iniriflT4ir.:^fr?.^^^^^^^^^ appre,
ferilXTar £/ri;ch±^";!5? ^^iCa^n^TlP^''™'-''"* '''" *"»« '-"'«-
relations. ^ y ^^^'^ ^^ *** management amf maintenance of our foreign
arm^'^ltTr L''°c:iliTn^^e'3L^^^^^ ^e°'' "^'^.^"'ted State.
o^h^S^ot^u'^tlettl^Thra"^^^
laii district «.d to^secJeX :; warrr^^i'^to^r^^^^^^ '-'» ^^-p-
Sir John Colborne, , . ' 5**«' *"•
Lieutanant-General, Ac. (»'gned) W. L. Many.
— No. 4. —
Copy of a DESPATCH from Lieutenant-Generul'sir J. Colbor^, «. c. b.,
to
Quer^"^^"^^"^^ ^ourLonUhip. that LotxlSSSli tt'^SS' t
Quebec in' consequence of a severe mntnsi'nn f,«.„ cut retained at
no ams shall be removed frmn thTX,^ »kil*^ ' 'l''^ T^^ "« **»*»
towards the Canadian flS, t dtThf h^ ^?„"iZ ^H' ^'P**"?*
persons who may be making ^^^^\^ V^V^^l'^Z:^?::7cl^r^ ^"^
I have, iua.
(•igned) /. CWteni*.
Enclosure 1, in No. 4.
\^
^ . Colooe. Townshend. commlSg'^SraSS: In'^H^rXct ^,1".? ^To/r
tranquil
357-
• THE
K) anxious to preserve. I
, may be communicated as
tier, and that they may be
and at^hampiain, arming
letted by me to communi-
Platzburgb, collecting the
ig the tranquillity of the
Ic,
J. Co/borne,
-General C!ommanding.
«ny, 4 February 1838.
the 3l8t of January, and
^he state government has
isures to prevent appre-
rnment has time to inter-
lintenance of our foreign
>ol, of the United States
•iecl to which your com
nim of the receipt and
collector of the Ciiamn-
)iect. *^
nave, &c.
id) W, L. Manu.
^tBonu, o. c. B., to
AFFAIRS OF ftoWER CANADA*, Sec. ♦ 7
traqquil state along the line of the western frontier, and of the decided measure taken by
ihe American authorities to prevent any breach of the neutrality, or any assemblage o(
f ebels. - '
Lieutenant-colonel Worth and several other officei« of Uie Upited States •rmy, who' bad
,Wcompanie(f their forces to Detroit, passed through this place two days ago, on their return
Ito Niagara frontier, having been furnished with pas«jx)rts from Colonel Townshend for that
purpose, not being able to return by the lake in consequence of the ice.
Since I wrote you the last, the 2d company of the 83d have arrived in this district, and
_^ both companies of that corps are now stationed at St. Thomas's, in a house there which I
I have rented at the rate of 100/. per annum, I have taken it until the 1st May next; this,
i considering, is a moderate rent, fhe quarters here I have engaged for the same period, at
I the annual rent of about 200 /., being 60 /.'until t^ie 1st May next.
j The quarters have been fitted up in a temporary way, to make then) ah comfortable as the
i drcumstances will allow fdr the soldiers, and I trust his Excellency will approve of what I
i have done in these respects.
it This town, which I have selected ibr my head-quartgrs, is very centrical, and if the
! Lieutenant-general has no other use ^ present for tlie troops under,my command, I think
. they cannot be m a better situatipn t^an they are now until the spring, as in this immediate
\' vicinity there are a vast nmnber of disaffected people, besides which the greater part of the
state prisoners are confioed in the gaol at London.^,
I have observed myself, and I find from information, that many American families settled
in this part of the country are leaving it ; whether it arises from fear, or being more or less
^concerned with the rebels, I know not ; but be the cause what it may, it is a good thii^ to
!get rid of such ill-disposed people.
I have urged Colonel Townshend to reduce as much as possible the militia now assem-
bled on the frontier, by sending them to their homes, and lessen the public expense ; in
conseqiynce, indeed, he writes me that he has already dismissed a great number of them
who v/ae anxious to return to their villages and famili(», as there no longer exists the neces-
■i sity of keeping so large a force there, particularly as there are now ho many of the Queen's
' regular troops in this country.
,' Since the arrival of (he commissariat officers in this district, I have been better enabled
I to enforce stricter economy in the different issues of that department, and I shall feel it my
I duty to lessen the expenses accordingly, as far as is consistent with a due regard for the
;f public'service.
>] I have to request you will inform his Excellency of the general good conduct of the troops.
^ 1 have, £c.
(signed) John Mailland,
Col. the Hon. Chas. Gore, k.h., Lieut.-colonel cOmmartding 32d Regiment,
Deputy QuarterniaKter-Gencral, Uic. Stc, and Colonel commanding.
Montrt'aj.
l._.._
-.* '■
ci
LOWF.R
CANADA.
Sir J. Coll»me to
Lord Glenclg,
17 Bebruary 1838.
Encl. I, JnNo. 4.
7 February 1838.
as been detained at
I tranamit to you
! able to commcqce
1 of the law officers
ider the commiagioi)
pies of reporU fipom
d by Sutberlaod iq
States Goverament
he rebels and their
he assures me that
ttve been deposited
ires to disperse the
er Canada,
itinue to act with
ces, who have been
with the aaaistaoGft
re, kc.
JColbone.
a J«bniaiy
ommunications fram
e assures me uf the
tranquil
Enclosure 2, in No. 4. -r
My dear Sir John, Toronto, 13 February 1838.
Since my last announcing the tranquil state of the Western and London districts. I have
this moment received a communication from Colonel Maitland, representing that as the
rebels were assembled near Detroit, to the number of about 400, and were coming on from
Cleveland, in a supposed body of about 600, he deemed it prudent' to move forward from
Umdon with two companies of the 38d regiment, and with Captain Glascow and the Royal
Artillcty from the same place ; and that he had also ordered one company of the S3d from
St.Thomas's to Amherstourgh. As Colonel Maitland has forwarded the particulars, as he has
told me, to your Excellency and to Colonel Gore, I will not detain the express in entering
into them myself.
I would merely observe, th^t Major Lachlan, sheriff of the western district, is now here
fiDm Sandwich, which place he left on the lOth instant, and that he does not place any con-
fidence in the reported intention of the brigands to attack the frontier.
As to the 600 stated to be on their way from Cleveland, I in my last letter observed that
tljere were about 400 in a most miserable state of wretchedness, from want of food and
clothine, and totally destitute of arms. It is now thought that Van Rensselaer is with this
C, but I cannot fancy this possible, as he was positively at Youge Town and at Lock
on the 7th, the day on whicn Lady Head passed through those places for New York.
Dr. Duncombe has escaped to Detroit in woman's clothes.
I will not fail to send reinforcements from hence, should it be found necessary by any out-
break or appearance of a rising in the London district.
There •••♦• been three or four gentlemen with me, who have come lately from the western
frontier and Port Famier, and one a very respectable merchant from Detroit ; they all dfr-
clare, that although the brigands would be most happy to make another attempt at invasion,
yet that they are not prepared for anything on en extensive scale, being in general very de-
tkmiit in ants ; whiweas oar militia are ooBSfMnitively well soimlied with both aniM end am-
neiAiiM, iwleiMiident of Hie eevea gvas now ob the frontier.
Encl. a, in No. 4.
357.
■ 4
riilrvei&c. ^"
(signed) C. Finltr.
LOWER
CANADA.
N^.
Sir J. Colborne to
Lord Oleoelg,
_>7 February 1838.
End. a, in No. 4.
8
CORRJESPON^ENCE RELATIVE TO THE
C. Fotttr.
His Excellency Lieut-General Sir John Colborne
&c. &c. &c. ^
(signed)
l-'icl. 3, in Ko. 4
K
Euclosure 3, in No. 4. '
Sir,
I HAVE this moment received thp Pnrl„««H a '*n»here'}>ur(?h, 8 February 18381.
similar sports, I h^l^::;^,TyoTttJZdZ*'L^tt^ I'''' '''''y '=-«''-'•'«
either of regulars or miliUa may be imnllttelv^„rm.^vTr '* k""""! '^'"fo'^e'nent
home as 1 have before notifie/to you ^H^ bdenendTe^t nf ^K "'"?'*" ^"^"'^ ^'""^''
have been most credibly informed tLt Z^^hli.T^fr ^ *^^ mformation now sent, J
from the other side, tha^ rs.Tom SettTd'^Mi.^'^''"'" °' ''"^ '"• »" ""= •«•--«*
rei!'.:^t^rruTa:^thrmS«t^^^^^^^ P-.'' -^ r'^'ch I h.,e
not receive them in time Should th« «nnlr.^^ ? .?" """^ precarious, I fear you may
doubt but what the rebXmedrteLiX/irf?r.th" T'^ «>"««, the,« 'is litU^
the few artillery men arrived vesterfatTwil r**™* ""• thfrefore pray send us some force;
seven guns mol^ wouldXa2jtable!^ ' ^"^' '^""* ^ ""' »"" •'"vin^
I have, Stc.
ToCol.tl.eHon.JohnMaiUand. ^"^^^ M»i„ ,f b^- **""^'"'-
&c. &c. &c. ""' Major 2d Regmient. and Colonel.
Coi
]
lu
tion
notifif
clerk <
on my
I tn
letter,
;(. Enclosure 4, in No. 4.
.Sir. "■*•* *^'""*'S'„~ nT r"* ^i"'^"' D^'ricU, London.
End. 4, i„ Na 4. ' ■•*»£ the honour to enclose you for the kFo^att^ „f 'h'"/"''?'^ '»?«•
< general ccJmmanding, letters anJ repoi^U wS hLv" '''« E.«<*"eiicy, the Lieutenant-
Coloriel TownshenSTcommand^J aT&«ttuth ^'' J""' *•"» "«»^°' '^i»«d f~m
, . th^SS ;:a ™eTe'^.i:pti.t''S;^.L^«''* P""^' *« P-eed,myse.f with
r^iiwlL^^sS^g^t^'fl^^^^^^ o^ of the com-
also U.en with meX detachment of Royal A?.^^Sa^WSwZtry ftj
There now remains here the two flank comDanim nf «h. q«j ^ •
colonel Reid. and one gun (nine-pounde^)^^S^f sufficient ffr t^*" "f^/' Lieutenant-
of the state prisoners Sere, and to keep in cS th^ HU«SLfL T"""i '"' *^ ««n"'y
company un,/er Captain Colquhoun'Tmust KS^aS ?£^i T^ K ' ^'^ '*^°^'' ""^
for want of horses.'^and I bJg to ^commend. thT" i ,V n^t^l?*"*!' "^''y "«''«»
horsed by Colonel Cubitt. h.aT. from Kinmton whn I iL • P"«*"»ble. this gun may be
Should I find after my' ai^i^JTAmttbuWh tha^f'r ''■" ""^ " that rtatioo.'
after having had commu'nication f«.m KZStiS" tti?'? iTt^ "T"'' "^
head-quarters here, having with Colonel Townshend a s'ffiSreilfo^l.^ """™ *° "^
^ided^to the force in th«. d^tricU. ^^ ^^^l^Tj^^Z.'^^r oTT^T^^i^,
Col. the Hon. Charies Gore, K.i... /^™^. * '"i!:.*^il, . , .
Montreal and Colonel comma«?ng. ^
— No. 5.—
Extract of a DESPATCH from the Eari of Oos/ord to Lorf (?/«„& .
dated CasUe of St. Lewis, 22 Februiuy 1838 ^ '
At the instance of the Bishop of Montn>al »nA ^tu *i.^ >_= , .
executive councU, I issued on tbe7tit W-nT-' . ^*^ «*»» adnoe of the
the 26th instant, ^ li^yotZ^^ti^^JT^T^ ^"^ ^"^Y'
tranquillity in the province iSkd^ hSff* ^"L*". "«<P™tion of public
Eirl ofGoiford to
Lord Glenelg,
a a Tebruary 183$.
Sii
I UA
the exe
three o'
Colbom
to take
Clei
By
Whbi
in the si
Sovereis
Archibd
province
And 1
of the a
Canada,
the powe
and nat
or ofeitl
to such
appointe
such pOT
pleasure
Mid proi
upon tlH
provincei
until the
lime beii
OHurfa.
thereof,!
inatruetic
-^4,
357.
TO THE
roin' Colonel Reid, 3Sd, com-
lel Tuwnshend had written to
lent of writing, been received,
infonnatioa. '
AFFAIRS OF IX)WER CANADA, &c.
-No. 6.—
{■■
(figned)
C. Foittr.
itburgh, 8 February 1838.
>d, 88 they only corroborate
test that some reinforeement
Our numbers having returned
■ the information now gent, I
of 1,000 are on the advance
days post, and which I hare #
d precarious, I fear yon may H
otbe correct, there is little ,i
>re pray send us some force ;
service to us, but having '
«ic.
H. D. "Sfwiuhtud,
d Regunent, and Colonel.
jstern Districts, London,
February 1838.
ixcellency, the Lieutenant-
us moment received from
er to prooeed^myself with
directed one of the com-
buigh immediately ; I have
liwgow and ten men) from
igiment under Lieutenant-
le moment for the security
and at St. Thomas's one
gun here is nearly useless
:ficable, this gun may be
hones at that station,
ports are not correct, and
I shall then return to my
inforcement.
t^eneral be able to spare
)re companies shouldbe
It of men of the Royal
e, &c.
ohn Maitiand,
landing 3Sd R«giment,
nmanqing.
to Lord Oknela;
138.
> the Advice of the
tion, fixing M<mdar,
restpradon of public
' a greed upo n j>y thy .
I Copy of a DESPATCH from Lieutenant-General Sir /. Colbome, o. c. B., to
' Lord Glenelg. ^
... ' ■ Govemm^t FteuBe,
My Lord, Montreal, 27 FebruMv 1838.
1 HAVB the honour to acquaint your Lordship that I assumed the adnd^strft-
tion of the government of the province this day, the Earl of Gosfofd havfag
notified h|8 intention of leaving Quebec this moming," and having directed ^
clerk of the executive council to assemble the council ai Montreal, to be present
on my taking the usual oaths as administrator.
I transmit herewith, for your Lordship's information, a copy of Lord Gosford's
letter, and also a copyof the proclamation I have issued on the occasion.
I have, &c.
(signed) /. Colbonu.
LOWSk
CANADA.
Ko. 6.
SirJ.Colb^to
Lord GImmIk
S7 Febmaiy 1838.
Enclosure, No. 1.
Encloiure, No. 1.
Sir,
Enclosure I, in No. 6. * ''\
Castle of St. Lewis,
' , - Quebec, 24 February 1838
I HAVB to request that you will take the necessary steps for summoning the AetaQn of
the executive counal to meet in council at Montreal on fuesday next, the 27th instant at
tiireeo clock m the afternoon, for the purpose of swearing in Lieutenant-general Sir John
Co borne to tJ.e admimstration of the, government of these provinces, it bemg my intention
to take my departure for England on that day. ^^ ' "»enuon
KocL t, in N«. 0.
The Hon. H. W. Ryland,
Clerk of the Executive Councij.
Certified.
I remain, &c.
(signed) Gorford, Govemor-in-Chief.
(A true copy.)
(signed) George H. Ryland.
Enclosure 2, in No. 6.
Province pi Lower Canada. J. Colbome.
M£.tary Order of th^ BatR, Knight Grana Cross of the Royal Hanoverian Guelphic
Oijder, Lientenant-GMeral com^nanding Her Majesty's Forces in the Provinces
ofiLower Canada and Upper Canada, and Administrator of the Government of the
said Provmce of Low^ Canada. '
\
A PROOLAMATIOIf.
Whbrbas, by certain letteripatent, bearing date at Westminster the first day of July
in the sixth year of the reign olTour late Sovereign Lord WilUam the Fourth, our said late
fZV^^ ^ SrL.*^* r"?.'*^ ^^ constitute and appoint the Right honourable
Archibald Earl of Gosford to t»e Captam-general and Gov^Sor-in-chief, in and over the
proviiKe of Upper Canada, and i^ and over the province of Lower Canada, respectively.
«rVi?» JI^' V".r l*^:t 'it l*)**^" f*?)? •* »P««''ded that ill caseoVthed^th or
of the absence of the said Archibald Earl of Gosfonf out of the said province of Upper
Canada,. or out of the province df Lower Canada, in either of such cases, all and sinjASar
the powers and authorities granted to the said Archibald East of Gosfoitl, should be wven
and granted to the Lieutenant^Vemor for the time being, of such provinces respectiW
or of either of them as the case mi^ be, or in the absence of any sucll LieutenanHrovemci
to such person or persons as miiht by warrant under the sign manual be anthmzed and
appointed to be the «imiiiwtrator if the government of the said provinces or either of th*m
such powers and antkonties to be by him or them executed and enjoyed during the Hoyd
plMsmv ; but if upon the death or absence of the said Archibald Eirl of Goafeft otttof ft.
saHl provinws of Un»r Canada or Lower Canwia, or either of them, no person should te
upon the place eommuMoned and appointed to administer the govenn^t of the suft
K^r^n"" *1"*»™ °f *? -ai A«*i»*W Eari of Gorfoid fttim any such absence^
S^'^^y^JP^»««*W »»? fif«»er ni««e known, the senior militor officer forthri
«««*», ■• the CM may be, ihoa^ take upon him &e administratioirof the gMenUefit
i!Si!i^ A^ "^"L?" V^ ?fe prormcaa respectitely the said ema^&a tad tiM
iMfructioni therem mentione d, and khe Mmal po«en M^wthoritieiUlilitilll HWMSffHP
SoSiSSfSSS orSt'fe' '"^ P*P^ - otter tte Cufl^i^t^TS
357.
I0.V
N,
10
LOWER
CANADA.
nTIs.
Eul 6f Goifbrd to
Lwrd CleMlg,
1* Pebnury 1838.
End. t, in No. 6.
CORRESPONDENCE RELATIVE TO THE
Md by virtue of the above provisi.W^n th? K«iH ?ir ! ' ""* ^"^ ^"""''o. aod under
of the civil government of l?rSv'BPmll''!rr'*"^ ""* "''""""trtil
me the said Lieutenant-general sTj.YnV^^ "'l.*' C«'n«d«. h4th devolved u*^
Her Maj«ty-. force, witir 1 ^L^'jtiSS^p'^ir d^ ""'V'^7 « -^J
every the powers and authorities bv tC .„i^ 1 ?. '^PP*'""" Lower Canada, with all and
Wof (Cford, I have. the^X fh tZ^'ad L^rH^r m""^ .'" *^' ^'^ A-h!w3
this province, thought fit to issue this pmdamat^^nLl^T'y'' "^-^''ti*" council of
hereby require and commaud that al/and^nJ^?i^^H.^M ^ • "^^ the same, «h1 I do
the said province do continue in thrdreeSS, of tSlf^'^'y'' l""™" ""d minister i^
phcm, and empIoymenU; and that Her Maj^ty:s"ovlf subi^ctr' 7'i/«'P-«=t"ve offices,
m the p«,vince of Lower Can^darth™ 7th Sv of" fZ?' "°"f^' '" ^' "'y "' Montreal,
«nd in the first year of Her Majesty's re^gS, ^ P«b™«^. '" the year of our Ix,rd I88S,
No. 7.
SirJ. Colbometo
LardGknelK,
••FttontryigjS.
Enclosure, No.
By His Excellency's command,
' -^-^"^y' Secretary of the Province.
— No. 7. —
COP. Of a DESPAT^ fror. I-ute.nU.„e.. Sir J. ti..., «. ,. 3. ,
THKfrlce«of the Crown^Thrni^li"""^' ^""*'^'^' 2« F«b. 1838./
serious embarrassment Lt 3d p^bablvX i^T^ «P««ented to me t(.e
of the district of Montreal/ircoWTueLe ^f T « ^^""-^ ""«*'*'^'' ^^^e
issued appointing a day of i^nerS^ tSj^!.- "^ * P>^lamation having been
been put to the rebellion, th^sS^u'^T X ^' "ll ''""'^ *'^ "« ^^ has
the Act decL^g martial &"-&"»; S to arS;?^^""'"^
tumty of bnngmg the suggestions of the law^ ofliS bSfZ^ th^ ^'"^'^ "PP"'"
cil, when It was unanimou8ly,*in-eed to^^MipT^^J?! .• v «««"ti'^e c6un-
continuance of martial law. a SSr S whiTh ^K P'?"'"""^"^. announcing the
Your Lordship mai^^E^J- K^'''' ^^ honour to tmnsmit
Jinld.ng that. »LS K fir^^^Tof thT t^t/r ^^^ «
Americans of the lowest anci Xm descriftion ft „ iJ^t ''"*' ""PPorted by
discontinue martial law in theSiTZZ^ ""'"^ ^ T^^ imprudent t^
»ent m this province. «.d the S^Sn^ofr reffii ^^JSr"* ^^"'^
I have, &c;
(fflgned) J.Colbome.
of Her
that it
punishi
spincy
spiracy
by deal
rebels i
Give
treal, it
lead, a
End. in No. 7.
Enclosure in No. 7. 1
Province of Lower Canada. J. Colborne "'
"""S^^ -t Ho„o„.b.
Order, Lieutenamt-General commanding Her MaieltJ^ F^^"' """"'""r «"«^l*i«
Lower Canada and Upper Canada, and yidmlnSr'^of ^h^'" ^^^ P^'vinceT of
Province of Lower Canada. "uministrator of the Government of the ^i^
A Proclamation.
J^7dr£ttt!:Xf^^^ of Gosfoid. Captam-
aid by Roya commi«uon, dated at thelL^e of s7 1 ° Yj'^J^^'"^ ^*" O^-Jb.
P^tL •"'?.°"«' """^ <=»"^'"«« me. M LSniS;n^«T *•"= "'^ ''"y of December
Sni^-J^-nP""''""'''" "««="'« -^tiaJ law^rl^XTrlrrr'''"^."^^ Majesty-.'
•nd pumsh all persons acting, aiding or in anv mon„ ' °^ Montreal, and to airit
rebelU which then existed wUhin Jfe J^d dTstri^'^fM '"'"''''?« '" ^he con.pi«cy™
out mto the most dw4„g and violent ^tack u^n H^^XT*'' '?"«»"»'*«»» h^«d b^rok^
martial law, either by death or otherwise m to mpT 5 Majesty's forces, acconlimr to
jwmjhment and suppression of allXu" Se ™irl J" ^ ??" "t^ ""^ expedient, fof th^
toe Oovemor-in^hfeV hath not in aZ^ c^^LT'W?:'*'''^ WEx'ceuL^
^ by him to me given in that behJTtnd^h"^ °' ^1^""^ '""e oidei* and authoritj
Wbefiwn have been put down andTi^," h..T t^' ""'"""Sh the «ud conapimoY^
-fc^r require, that l.^mSCldffbeex^re^'^r'*"''y "^'^' yet^hfe
•g«t .. hi. Excellency the OoZ^MTh7i'lZoT::^^''T''' '^'^ "^ '^^
'of
Copy
I H
Canadi
and pr
•i7th I
They*
The
colonel
early
they re
of the
I tn
officer,
the lea
It a]
field pi
Gen<
of the
Amerit
I ah
westen
Youi
the bri
invade
,; 'fJ^'Missisq
^i^the mi
attachn
The
this de
' has aln
with at
I for
the reb
Sir,
I BAY
fifom the
and east
side of tl
theintei
The w
keptini
thaii u wi
VOHttidi
357.
'*^
\,
> THE
iie laid 'Archibald Earl of
Lower Canada, apd under
itained, the adniinigtmtlon
nada, hith devolved u»on
>*nior offlrer coinmancftni:
>wer Canada, with allan3
led m the »aid Archibald
»ty 8 executive council of
nown the same, and I do
8 oAicere and miniatera in
ral and respective office*,
, and others whom it may
c, in the city of Montreal,
he year of our Urd 1888,
wtury of the Province.
Colbome, o. c. b.
to
real, 28 Feb. 1838./
•epresented to me die
resent unsettled state
imation having been
Jng that an end ha«
•posed, discontinuing
e the earliest oppor-
the executive coun-
lon, announcing the
>ur to transmit,
executive 'c^juncil in
'line, supported by
3 most imprudent to
> the present excite-
ur front.
Iiave, &ci
I J. Colborne.
«J>e moat Honouwble
Hanoverian Guelphic
1 in the Province* of
government of t
of Gosford, Captain-
and Lower Canada,
th day of December,
iding Her Majesty's
•ntreal, and to arreat
the conspiracy and
1 which had broken
forces, according to
»d exnedient, for the
ireas his Excellency
irders «nd authoriW
■aid cooapinuiv and
Mwl, yet the public
ner, and to the sane
cwnmanded rae (o
■/
AFFAIRS OF LOWRR CANADA, &c. . if
LOW F R
of Her Majesty's executive council of this province, to issue thu proclamation, to the end CANADA.
that it be made manifest, that I shall arrest and punish, and cause to be arrested and ' -
punished, all peraon* who have been anywise acting, aiding, and assistinff in the said con- No. 7.
^ spiiacy and rebellion, or who may be anywise acting, aiding, or assisting in any other con- Sir J. Coiborii* to
spiracy and rebelhon within the said district of Montreal, according to martial law, either Lord Glenelg ,
by death or otherwise, as to me shall seem right and expedient, for the punishment of all »' Februirj 1S38.
rebels in the said district. —
Given under my hand and seal at arms, at the Oovornment House, in the city of Mon- ^°<='- '" No. 7.
treal, in the province of Lower Canada, the a7th cfey of February, in tlie year 0/ our Lord
lestj, and in the first year of Her Majesty's reign."/ ' i' '
By his Excellency's command,
D. Dab/, Secretary of the Province.
Copy of
of
— No. 8.—
a DESPATCH from Lieutenant-General Sir J. Colbome, a. c. b., to Sir J. Colboroe to
Lord Glmelg. Lord Ulenelg,
My Lord, Government House, Montreal, 3 March, 1838. "« ' 3 ■
I HAVE the honour to acquaint you, that the parties of rebels from Lower
Canada which for several weeks hod lieen at Platzburg and Champlain, arming
and preparing to enter the province, crossed Lake Champlain on the night of tlje
27th ultimo, and entered this province from Alburg in Vermont on the 28th.
They did not, however, move more than a mile beyond the frontier.
The Missisquoi volunteers quickly assembled to attack them, and Lieutenant-
colonel Booth advanced from St. John with the 43d Rpgiment to Henryville
early on the Ist, with the intention of intercepting them on their march ; but
they repassed the line the same day, and surrendered their arms to General Wool
of the United States army.
I transmit to your Lordship the accompanying copy of a letter from that Encloture No is
oflicer, by which it appears, that he has arrested C6te and Doctor Robert Nelson,
the leaders of the rebel force, and disarmed their follo\*ers.
It apjiears that the rebels had with them about l,iJOO stand of arms, thr«e
field pieces, and a large quantity of ammunition.
General Wool, I believe, has used every exertion to prevent the organization
of the rebels, and to seize the arms with which they have been supplied by the
Americans. '
I also forward the accompanying reports from officers commandmg in the"'
western district, at Toronto, at Kingston, and other stations in Upper Canada.
Your lordship will find from them that a combined attack has been made by
the brigands from the United States on the two provinces. The attempt to
invade the western, Niagara, and eastern districts of Upper Canada, and the
t. Missisquoi frontier in Lower Canada, have been feeble; but they have afibrded
«^the militia and volunteers another opportunity of showing their loyalty knd
attachment to the mother country.
The whole population, however, is kept in a state of continual excitement by
this description of warfare carrying on by the brigands on the ftxmtier, and it
' has already caused an enormous expense ; for, while the provinces are menaced
with attack, the services of the militia and volunteers cannot be dispensed with.
I forward with this despatch two printed papers that have been distributed by
the rebels along the J^ntier. ^ _
I have, &c.
(signed) J. CoOmrnt.
Euclosurst,
No.. 8. 3 jfc 4.
X
Eoclosurn,
Nns. 6 & 7.
Enclosure 1, in No. 8.
I ^"' .u u . Head-quarters, Montreal, 28 February 1838.
iw.™ . J' « "°"' ^ wq"""*' you, that during the last week I received ireqneht mporU n»,j . • w .
from the officers commanding at Kmgston and Gananoqui and other towns of die JohnVhm ^"* '' '" ""• •"
and eastern distncto of Upper Canada, that armed igB^ were assembling on the aoutheni
side of the 8t. Lawrence, atOgdensburgh, Morristp^Mter Town, andFrenolifcek. with
IhemtentionofmtkinganatlackonlDnjfstonandGnBboqui. ''^^
Tlie whole of the population of the Midland, Johnstone, and Eastern diatricto haviiur been
IS^. '" * ^, constant alarm, there has been a rush of the militia and volonteer^ with
^^h^n!*Sis:f&i^sf^:^fi?«^"^ o- thrai.t«t«t
THWKfanftle nuaberof bngandi wen colfected at French Cieek, chiefly from Ogdewbw^
357- c a and
• '; "^^'f-ff ^j •
^ ii ^. n^t-^mie^ji^
LOWER
CANADA.
12
CO^RfiSPONDENCB RELATIVE TO THE
««a^3.. French Creek, and digDeraed AfcwTi *^"»«»ton to receive them, they Beturaedto
\ the S'L'atXt" iTe^deroVZ "^^^^ r^ipecUblc citoen. of
\ , had quitted Platzburgh ii 40 S 12. ^^J ^{ V*^' CanadilTaad An!^^;
\ were proceeding to ATbunc. or H«?I.I«^ in^- * "" o' ""* *'"' «™»' •""! that theV
1 , to Captain SmiTl^ his aide^e^a^^T and toS 5:^?"^'?" ^D ^^^ t*™/ '^fe^ng^me
^\ '^^' f"' important int«lligcnci^ X^r„tle^^ ''"' ^'^!i °[ '^" '^•"««* State.
\ movement of the rebels and Americans ww!a FZh "T'^J^*^ ""* •'=«=°''n» »f the
\ -me that Elizabeth TowiT an^n™, i^Llx coiiS T^"'^'\"'\""'™"8' ""• •e'l"'"'**^
l,00e stand of arms ; that Gen^ W^f 1^^,! .L i '^"j"?'"'" °pen, and ro'bbed of
niuon, but that he had no? fo^^iV^ ^ ^i^P'^^v "' ""^^P*"^ ««» -ome ammu-
? " » e^'dent, therefore, that U,^^?^.^"^^. ^^ ^/""°"' '™«''«'-
^htv^^^r''"^"«---<'--=-^^^^^^
^w^fTret^Jr nt"ti;;i;tfhTv?ra^s 'T "-'•V"-^ »^
which I advert. '' **"' * "umcient force to repress the diiorderg to
To the Right Hon. Heni\ S. Fox ' ,^ I have,*c.
&c- 4c. Ac. («gned) J. CoOom^.
EocJ. t, in No. 8.
Enclosure 2, in No. 8.
My dear Sir, ' „
Thb despatch, of which the acramnnn^;..™ • »oronto, 9 p.H. 28 February 1838.
from G>lori Maitlan^ ^t Lh ^^2"^ h.:te7^ l^l^'T ".il"'' ' ""^^ '^-««
ColMe Townshend, without comment "^"^ '*• *'*•• "» enclwure from
of'aSle^Tor^t'^^;,^^^^^^^
«ght miles west of SoTpokt Abino Z^ t^^ 'T ^ '^"^* '^"^ ' P'**^* °«*''y
shore of Lake Erie, a short timrZce • a^H .h^ i^k '^f, ^"^ ^"'^ ^O' »" t^e Brit3^
army, „„,«„«, them as ^n The Ti^rf^f^t ' ''""^l'' Colonel Worth, of the Ameri^S
•nny, kt. they found m^ to effSi^^TT"*.' w"* I! ^^^ "' ^^ U»i'«d StaS
*h« f Pt»«oAhe two P^ of SleJ, „X'P|'h^i°l|l!^°'^^'^^ »^° "^e to effect
of the 24th regiment to support ^mLa on th^N-^^^
we but four cpmpanies only ohLt ^Zent a^To^nJ^I^ 'T!"*' ''"' " ^
that small force, pSmicularivM thTstate^rr^i; till ^' ^ ''1'* '"^''^ »'«*'^ »P
and have ordere/threecomDani«r„f»„»ffi-. commence here on the SthWiimo
field officer, to form t^ reinC^ent """^ "^ '^"'^'' ""'""'^"' «'<«er'^a ^'
Lieut-General Sir John Colbonie^ . ^°'"' '™'X>
*c. 4c. 4c. ( ' \ (wgned) C. FotUr.
^e'- 3> in No. 8.
Enclosure 3, in No. 8.
.. ' "V? ^« '"'°0"r to inform you that informati^n"trli''.Ii'^' '^^ ^'l^X^^"^'^ "38.
""^'P plock,that a considerable body of p™ t^a^ re^^^ i^" y?^*""'?^ «'*«'■*«">. "bout
Bnushtertitorieson this frontier, a^Vken^^^^'^r^S'" '2?'™''''""* ''"^^'^ the
Fighting Island. * ' ""*° possession of Her Majesty's ishind, called
^^^r^^t^ra^^::^;fZ:[^rt^'^^^^^- ^^r^^ -d AmherHtburg,jfeout
reported to number from 3rto loo l;:trSided"^tl''°''"^^^ *'"' ^^^'^^^^
9K,ns; as I was given to understandjK mfo^ceCnte of^l 'T' """"""'io". and p«,vi-
the wland immediately, to BtrengthenXr ZftiT «nH r"''"l'=»"»""' **■* «Pe«=t«J at
^^T' i '"*="«' '^«"' «"" taken to dislX^emi Til "!! ''"',* '""='' *"•»>'* ^""•>f'«
a detachment of troops to drive them o# the iSmd ?tT"^ .**, ^T ?? '^"^ " «»'»i»«
apiKched to the village opnosite that olaoe tw^ ilT^ -. at ibree o'clock this morning, Id2:
ment; and one ditt^^^of tKd S ^raccomSn*'^ '""' ^^ % Maje-ty's^d' regi- .
•"^^."f Captain Gkagow, of thel&^ArtrkT^**' ^^ • ""^-poWte.u^der the co£.,
a^^bfad. ^:^ ^ aS:a of°Cdo^" TJ lthS W'U^'^ P.'S^
» TH£
id, h«ving been previowl*
o( Ihm rabble left French
il wland about four milM
'Ut on hearing that a laive
e them, they peturaed to
try Island.
thi» aflair, and th« pto-
?ral rvpectable citiaent of
Canadian* and AmericaiM
itJi arnw, and that theV
Hifl[hgate, and last night
n from, him, referring me
lier of the United Stete*
ted the account of the
morning, and acquainted
len open, and robbed of
piece and some anunu-
rontier.
ty must produce Rcrious -
!r to control the rabble
It perseverance, for more
» have all exerted them,
repress the disorders to
I have, Ac.
■•d) J. CoUom».
t. 28 Feliniary 1838.
I which I have received
with its enclosure from
igands, with two pieces
ice from a place nearly
)rt Erie, on the British
'orth, of the American
y of the United States
mg been able to effect
lea to send a company
rentier; but as there
leclined breaking va
on the 8th proximo,
nteers, under a good
Ifoure truly,
ned) a FoUtr.
'i5"||ebruary J838.
Tlay afteiftoon, about
■bit, had entered the
esty's island, called
Amheretburg, ^out
lie rebels thei^jfere
munition, and provi-
on were expected at
ich would doubtlwa
! no time in sending
tbi* morning, I de-
Majesty's 32d regi- .
i)«r^uipier the com-.
Sandwich, to meet '
e were accordingly
AFFAIRS OF LOWER CANADA, &c
13
LOWEK
CANADA.
Sir J. Colboroe t«i
Lord Olenelg,
3 March 1838.
He&l, with mstrtictions from me to the above effect, and wluch I am happy to tay he has
■tcoraplished (and the troopsr have returned to their quarters at twelve o'clock this day)
I you Will see by the enclosed report, directed to me, which, together with ray letter I have
I request you will lay before his Excellency the Lieutenant-governor of the province as
«o hiahxccllency the Lieutenaiit-gcneWcomraanding. ) ,
I tnuit this trirtmg affair w,|| check tK^>p9«^lingH of the lawless l)anditti which of lata
»ve been the means of much disappointnienrtnd annoyance J)y keeping the troops on this
ontier perpetually ui expectation of an attack ; the hut three nighU I have been oUiged
keen the spldicm in readiness to move at a moment's call ; last night, from reporta I ftV'- 3i in No. 8
ceived, I had oA-ery reason to expect that Ijhould have been attacked at Amheratburir bv
J loree said to' be collected, amounting from 1,500, to 2,000 men at Munroe, and in that
leighhourhood ; from the credible sources I derived these accounU it obliges me to be
I may say, m hourly exnectation of the advance of the rebels ; but I regret to say they do
o more than repeat those threats, and which will no doubt continue until the ice breaks
B, which at present m this neighbourhood is firm from the^ opposite shore all around us-
liould they have the temerity to try an attack, I am in every way pre'pered for them " *
I There is an important circumstance connected with this aflair, which I deem it my duly
Id notice ; the individuals dislbdged from Fighting Ishind by the Queen's troops are chiefly
fmencan citizens; and further, that the arms in their possession, a few stands of which
tere captured, are new Umted States muskets, and marked accordingly ; and,8tranKe to say
lat on the evacua^n of the island by these people, it is a remarkable fact, that theyWere
rmitted to return to the American shore, where they formed in line, and opened a fiiffrom
enceon Her Majesty's troops, ond this without obstruction on the part of the American
ilithorities ; whatever may be theprafc^wsd desjre to preserve the neutrality between Great
f ntoin and the United States, orthe orders given for enforcing it, my opinion is, that the
^duct of the authonUes in this instance partakes more of connivance at the outrages daily
*actised under^^their own eye, than of the sipallegt effort to prevent those occurrences so
piuch to be complained of.
J Since writing the above I have ascertained from the United States oflScers who have
frajted upon me,. that several of the rebels were severely wounded by^e cannon shot.
J I have, &c.
ft, (signed) JohnMaitland,
I . ' * • Lieut.-Colonel Commanding 32d Regiment,
_ . ' ' and Colonel Commanding.
i. To Colonel Foster, ^
Commanding the Troops, U. C.*c. &c. Toronto.
5
y
Enclosure 4, in No. 8,
I ' ,1. . , Amherstburg, 26 February 1838.
1 H AVB the honour to report, that agreeable to your instructions, I lost night proceeded End- 4. w No. 8,
Ivith an escort of the bt. Thomas volunteer cavalry to the Petite Cote.^r the purpc^^f
reconwoitenng the posiUon of FighUng Island, theh in the possession of the rebels.Wd to
^certain the practicabiity of passing troops over the ige for the purpose of diaodKinir
Ihem Finding that C«lonel Elhott, commanding at Sandwich, had retWd to hisBc^
jrith the mihtia and volunteers under his command, I immediately despatched a dragoon
_or the purpose of recalhng him, and desiring that he would meet me with all his Jispo^ble
fcrce, lor the purpose of co-operating jvith the regular troops you were so go6d as to^st
^ T il "^j ''"' ewTi'«» ; the latter consisting of Captain JJrowne's company, 32d reci-
"^ 1 «3d company under Lieutenant Kelsall, and. Captain Glasgow's detachment of
Koyal Artillery, with one nine-pouiidcr, joined me this morning at vabout half-oast
, A. M. ; the former, under Colonels Elliott and Askin, arrived about sevedw amountine to
etween 300 and 400 men. I immediately gave instructions to Captain OhisW to onen a
' **" j^il''*'"^' ''^^ *?■* ***" '" 6'''="' ""mbers on the banks of the islanM and on the
■ '1. u "*^«'J^f»t satisfaction in adding that his pracUce was attended wiUi the best
■resiUts, the enemy being much discomposed by the precision and rapidity of the Tire
I On concentrating my forces, I immediately adopted the resolution of passiuE \he ice at ' '
■any point that might be found practicable, much doubt existing as to the s^ety of the
ipassage ; we, hdwever, were fortunate in selecting one St which to cross in single filw below • '
■the island, the enemy, I have reason to believ^, supposing such an event inipolsible.
I, '^PW"? "rowne, with the company of the 32d, leading the way foUowed by tlie S3d • the
■former being the first over I directed to keep the outskirts of the Island facing the American
t,J"!^'l Jl Vu" <'t«^t"fepti'>g the retreat of the rebels, while the litter moved in
tS^ .1" *''~"K'' *^ brushwood, flanked and supported by the miliUa and volunteers.
aJZ* advance was executed with reguUnty and order, and I onl/regret that the enemy ,
did not give us the opportunity of dispnWhig to the American nation and the rebels, whb
have so activelydisseminated the hbel, « that Uie militia of the Upper Province would not
i«M against them, as I can safely say I never witnessed more alacrity and zeal displayed
tatt^shown on this occasion by that body, or greater anxiety to, eneounter their foul
^^\}li *?^°f ** ^^ "^ 5***' i>««'IMt»te, leaving behind them one gun, which was
L2 a-^!!SSl f«°°^IL"-'".>''^' ^^."!^^'. B''^°'*' s/ords, and prowaiow of qya ry
— -, «. . _. ^ .tiv. ^ '"{oai. I beg to observe of the muakets, that
they
357.
rwith powder, shot, and otBi^ munifioii
c 3
f
m'-'
K
<* ■»
14
OOHiBSFONDIiNCE RKUTIVK IX) Tl{K
t.OWBB
CANADA.
, N6. «,
nt J- Colborn* to
Lord filaoelg,
i Mwvh iH,i8.
4, io No 8
on thi.Wc..i«n, and tli« uLcritv and zeal evinced b«Xr^rllif^'^'''^P'"y^
militia thafrit^p«;,dwl to my call ^ ^ '"^'' "^^ "^ volunteer, and
t;* following o.L.er.co„.nTa£'r;^,f:;,rerLl„t
•Captain Ol..gow,.of the Royal Xrlill^y; Oaptl EmuL^ncer o^^^
«»alry; and Lieutenant-Cornel Pnnc^ who, thoud^^^l*^ „ j,s„din^ wLT„„ «
the neighbourhood turned out to our toiiHtance ; it i*. perhau/ worthv V.f *i^„rW2!
S:d'2Sj'S '° ''•' Ainencaa ahd.. they u'.ei. fol-^l^'erAlt'Sffl
nred Mreral rounds on u», but without eflect. mn^^^^°
I have, 4c. ^ \.
• (nipied) H. D. Ttmnuhnd. '
Colooel the Hon. John Maitland. 3ad Reg.meat, '^'" ""* '^""•"' ""'' ^•°"''
Oomimnding, Anillerrtburg.
Scientl;
currd tli
By ord(
(f^
Endosure &, in No. 8.
To hii Excelleiipy Sir JoA» Coftoni., Command,»-m-chief, 4c. 4c.
~y>i
•uirepdered.themselvd&flrfce with all their force*, cannon sraijUm . » Lf u ^ u^ ''^^
•■ . . Bo<-tor NelsortandToTher leaders dh, in my p-.;«»Zn and w^^^^
authorities of the llnit«l SUtes to-morrow mo^TiirtH.^'j'i : J. atSh^li'S.e'^* """'
I have now only time to add, that the fronUer of this state . a^ TnU 1^ I? ''?"•
rXr^ New Vor,. „ entirely tr.„,u.ni^, and ^IT^ TC.t'^'':Z
, : muSoT' *"*'*' "' *'" ^""^ ^""" '""y- ""' '«- ""= •'<>«'"'- l" del'ver this con.-
^1 have, 4c.
' (wgned) John E. Wool
BrigJ'^cr-OenerBl Commanding.
Enclosure 6, in No,
PROCLAMATION,
PEOPLB OF CAN
the recent goyemment of the loth centu,^. We now are comDeuLl bv tl^ fn-^'**™*
example towiwfa ih«>in, '^ ^ ° ' ° '"' ^ MWaw ttor wwye i
:or(lc<l I
1st clia,pl
intiituall
Mimble pe
itional in
ir revenii
ited gi
,je countr
rhose trai
our
iger sufl
Alied outn
*eople9W
lis to put*
Kteated, ai
^fjusti^,
%iid secure
VeeUre —
'' I. That
ttance to (
Vanada is
i. That
ij declar
3. That
Ights; th
le right
4. That
sha
ly his coni
6. That
luch tenui
0. That
•pie of (
gorobl
7. ITiat
8. That
lall be s[
[this purpoi
0. That
Imurder.
10. Tha
in offices U
li: Tha
affairs.
, 12? Tha
land liberal
lature of tii
la. Tha
people, an
eonntrywi
14. Tha
, IS." Tha
.pnsoittdiv
conyention
icoontry, ai
laoeonluig
1«. Tbft
t
■,!»■"
TO TKK
AFFAIRS OF LQWBR CANADA, &o.
15
=*'"l'- \<« *« pnjwulbn.. too, ^™(My, U) all
.t to whilwould b* f,.mMl?« B^ whicli^
of Mioked hpirinKii, Ac, and •!=-;—•■ —
ubiic rather than by, a com-
remaiiM to bp prrrortned, »ir
Diiduct of the tnx)|)n tMiiployed j
large body of volunlecra aiid ':
led to thein, it would be inn-
)n the zealoua co-operation
iHkin, of the ad Kiwex militia
, of the S^ Thomaii volunt
rnmrindiiiK, waa connpieuoij
y with whic^ the I(
I, worthy of jiemar
hemiiclvea into
lavc, kc. '' \
> H. D. Ttitemkatd, ^
Ith Regiment and Ooionel.
■olcmnly proniiite to alfonl leoollly and protectMHt, both in -peraon and
, auch at ahull lav down their amu and ^erwiae ceaiir (<> oppreaa wa, a
our character and the known moral and peaceable hubita of. our native people
iciently K<iu«nteeH ; nor Nhall we lay down our ttrnia until we iiliull have eHected aod
red the object of our lintt pn)claniatjon.
"" order of the ProviHional (i<ivenunfnt of the State of Lower Canada,
'Robtrt NeUon,
Cominander-in-rhiefof the Patriot Aniiy.
I.OWEL
CANADA.
Sir J. Colbwna
In lunt Glcneig,
3 March 1838.
End, 6, in No. I.
Enclosure 7, in No. 8.
Ubclabatium,
Upper. Canada, and
and In '
llMtl
B-chief, 4c. *c.
.Vermont; I March 1888.
Nelson and Cote, thia day,
; north of Alburgh Springa,
il-ariii8, and ammunition.
will be delivered to the civil
with according to the lawa.
te,- an well as the northern
ingcr of being agam aoon
iKnilEAa tlie nolemn covenant made with the ix'ople of Lower and
coraed in,the Statute B(Mik of the United Kin)r(lont«)f Ure&t iiritain and Ireland, uh the
Mt chapter of the Act piuiHed if) the 3lHt year of the reign of Kiiig George 3d, hath been
_ mtiitually violaite<l by the Hritiith Covemmcnt and our rightH uMurped ; and wherean our
4^myie petitioiiH, addrcHirs, protcHts, und rcmongtrances ogamat this injurious and unconati-
itionul mtcrfurence have been made in vain, that the Uritiith Ouvemment hath disposed of
iur revenue without thc/ constitutional constant of iUet local legislature, pillagcd^^our treasury,
.■rested great nuinl)ci« of our citizens luid rommittra them to prison, dismbuted through
■e country a mercenary army, whose presence is accompanied by consternation and alarm,
whose track is red with the blood of our people, who have laid our viilage|i in ashes, pro-
Aned our temples, and spread terrortHiia waste through the land ; and. whereas we can no
rtmgcr suffer the repeated violations of our dearest ri^ts, and patiently iflpport the multi-
lied outrages and cruelties of the government of Lower Canada, we, in tne name of thn-
sople 9£jLower Oinada, acknowledging the 'decrees of a Divine Providence, which permita
IS to put'down a Uoveinment which hath abused the object und intention for which it was
:reated, and to make choice of that Torm of government which shall re-establish the empire
if juBti§e, assume iJomestic tranquillity, provide for common defence, promote general good,
'^d secure to ua and our posterity tlie advantage of civil and religious Uberty, edleo^nly
End. 7, tn No. 8.
That from this day forward the people of Lower Canada are absolved irom all alle-
le to Great Britain, a ' ■'^ ■ ■'■
lada is now dissolved.
honour to dehver this 1
I
er-General Commanding.
Miance to Great Britain, and that the political connexion between that power and Lower
Ifanada is now dissolved.
" i. That a repul)lican form of goveriiment is best suited to Lower Canada, which is this
y declared to be a republic.
3. That tinder tlje free government of Lower Canada all persons shall enjoy the same
ghts ; the Indians shall no longer be under anv civil disqualiflcation, but 8h4l enjoy the
~me riehts as all other citizens of Lower Canada.
4. That all union between Church and State is here% declared to be dissolved, and every
n shall be at liberty freely to exercise such religion or belief as shall be dictated to Kim
ly his conscience.
6. That thie. feudal or seigniorial tenure of land is hereby abolished as completely as if
uch tenure had never existed in Canada. '
0. That each and every persoii who shall bear arms, or otherwise furnish assistance to the
people of Canada in this contest for emancipation, shall be and is discharged from all debt*
dq^jPr obligations real or supposed, for arrearages in virtue of seigniorial rights heretofore
7. Iriat the Douaire Coiitumier is for the future abolished and prohibited.
',,- . *• Th*' imprisonmcntTor debt shall no longer exist, excepting in such .^ases of fraud as
d.unjustty and crualiir . shall be specified in an act to be passed hereafter byOte legislature of Lower Canada for
uf years, so long that the this purpose.
>ut in vain, have attempted 9. That sentence of death shall no longer be passed nor executed, except in case of
Id cause our institutions to murder.
[',"'"** ^^jP^ characterise s 10. That mortgages on landed estate shall be special, and to be valid shall be enregist^red
TTj^ ''.l!* °^ tyranny ^in offices to be created for tliis purnoRc bv an act of the legislature jif Lower Canod^.
11. That the liberty and frtoeaom or the press^ shall exist \A all public matters and
affairs. "
la^ That trial by jury is guaranteed to tlie people of Lower Canada in its most extended
and liberal seijiie in all enminal suits, and in civil suits above a sum to be fixed by the legis-
lature of the state'OflLower Canada.
I a. That as general and public education is necessary and due by the government to the
people, an act to provide for the sama shall be passed as soon as the Circumstances of the
countrywill pennit.
14. That to aecure the ele<itive franchise all elections shall he had by ballot
16. That with the least possible delay the people shall /ihoose delegates according to the
fmseiittdiviBion of the country into countjies, towns, and boitiiij^k, who shall constitute a
convention or Jegislative body, to establish a constitution according to the wautk of the
;c<rantTy, and in conformity with the disposition of this deolaration, subject^ to be modified
Mcordmg to the will of the people.
U. T£>t every male person of the age of ai years and upwards shall have the right of
" •TtaSBtapfdViad/imffRrlKerfecliohdl'tKeiTore^ -T^----
WeB._3J7. .. C4 17. Tlrtl
order that we mayitcquire .
I people ;, nor shall we lay '
blessings of a patriotic «nd 3
i8> we extend the hknd of]
hd, headlong, plundering,!
the suffiiring or our agedi
heedless careerof Sir John I
9, we shall, in seff-defenbe |
tahation which their own I
» who now repeqt of tlMir I
has driven lu to war, and I
Ferent mould from that of I
His that abewhcn thaa in :
1^ t9 exewMc thwr »t!
• f!
".;*■ ■
.■■'^:-v
«
h':
-^
'; lOWER
. CANADA.
NoTs.
• Sir J. Colborne to
(•ont Olenelg,
3 MaKoJh 18^8.
End. 7. in No. 8.
16
CORRBSPONDENCB RELATIVE TO THE
North Amen4nUnd Company/' a^ofriLhtth^nl"" J" ?"K'»n'J. called the "bS > li"e.
" «cept such prions of the ijro,^ aid7Jd8 J I'v h^7P*^y "'*•'« ■"»«« "flower Canada ^'"'«' '
sariie m goo</ feuh, and to whom titlesXllt.^ ^ PpHsess.on of pereons who hold tt
By order of the Provisional Government.
, Robert Nelson, President
Sir. I. Colborne to
Lord Glenelg,
©March 1838.
Jwhere
we tir
harge 1
[great co
[stance t<
On tl
they sut
escaping!
killed u
Captaini
.J of whun
I regr
Igss on (
that 30
I Roipe da
»' soldiers,
but undi
:| woundet
i Havin
I'tho troo]
— No. 9.— "-■. /
the State of Ohio, who ^xiA^lZ^^lt^^^^tt^^^^'^^^^y^y'^^ tl"*"°'"
about 40 miles from Amheretbu^h'^^^ ^"""^ ^"'^ ^^^' *" ^^ Erie, 1^*7' ''
corp^o/tJ'i.tSerS"';!"^'^^^^^^^ «»d guarded by the volunteer I ™ ^"^ '^
of brigands thara^^oTn^j^'ortrprj^^^^^^ be made Vthe S | "mv^"
line; butItni.stthattVeTai3i;^S^^„i"°*;°^ Itakini"
t.on of the neighbouring sSterS coiw,.*'"*'*'" ^""^ "/ "'« ^'^^'^^ Popula- ^ '«»^'>-"'
effectual mc^asures to prev^^^ JepeH'^ S^^
committed by the citizen of the uSsZet "^''^ ^^'''^ ^'^^^ ''^n
EncI;in^o. 9
I'
' f
g Enclosure in No. 9.
.bemg^taken rSsBession of ik this ouarter^ ^ T""'' '"'"«"'^'' "^ » BritishIsS
breadth; 't ■« situated in^Jke Erie ab^ut 40 m2? "^^f'"' ?"** f""" f""^ to fi^in
the shore. I sent three or four loo« nffi„ . ^ ''o'" Amherstbureh. and 20 miles frn™
went close tq the sho,., and w^^Tr^^'Jf^" \° '«7«a'" ">« feet of &fr being then. 5^
people who hid gone o;er t<, tri.St^ro;,teTh'''" '""''' ''"' «^i+'"''t«^ce o^s'eS
despatched Captain Glasgow, of the r3,rJT / • ' ^''"'f"^< on/Thursday aflemoon
compa„,e« of the .,.d ^i^rt "L'e company ^f Z^T P""" (--P0""«'4 t^foS^
30lK>longmgtotheSanJwicftt;„„pof°'^r;«^i^^^ a small detachment rf J
pany of the Essex volunteer militn .n7i ^ n °'">omas'8 troop of cavalry one mm >
under my own immediarcoriimand ,« m f T" P^'*y °'' '"^inns/moved t^'t eveSS"
time to rest the horses, and, jTw^'^o'do^k "Ih"^ *''"''''"" "'"'"'• "^"^ ' ^a'^ ^'3
Brof:te^^ was as follows: I di.ct«, Captain
•outh end of the island, and take ^ aCiition '^^^fl/^K-n^'t, to proceed round to thS
1 7 «uia escape to the American .hore, and wtTUoed
* ia
Majesty'
I infantry,
' I have
teer cava
tofSandw
, permissic
'" soldiers,
the local i
I trust
that I hE
Island ar
hold Brit
A largi
11 prison
about 40
I am i
on the Ci
their wa)
citizens, i
-their esca
I have
Excellenc
Excellent
L
Colone
Copy
My
I HAV
fetm Ge
infonuin;
the provi
357-
TO THE
reserveo, and such as are
AFFAIRS OF LOWER CANADA, &c.
17
2 for such unUtled lot* of land
in all public affairs,
pport of the patriotic cause ir
:Uon of the Almighty Biid th,
;e to each other our lives, oui
lolert Nelson, President
.™. ,1^, a,,u gucn ag are nomj .
bngland, called the " Britisi ^ '"**' "P'""™* of 'lOO men, well armed and organized, upon Captain Brown's detachment,
of the state of Lower Canada 'P'^^'^ .""ey met with the fireiitcst resistunce ; u brisk (ire being kept up on fcoth sides for
ession of persons who hold tli( .jwme time, and several of Ciiptain Brown's detachment having fallen, he determined to
ranted by virtue of a law whicli J^harge them, which he did, and forced them back (to the wood where they retreated in
[great confusion) at the point of the bayonet. I particularly beg to recommend this circum-
stance to tlie notice of his Excellency the Lifutenant-Gcneral commiinding.
On the road, insid(> of the wood, (,he reWls had a number of sleighs, by which means
they succeeded in ciirrVing away about 40 of their wounded men ; the othert succeeded in
escaping at the soutlierninost point of the island, and got over to the American coast, leaving
killed on the spot their commanding officer, a Colonel Bradley, a Major 'Howd'ley, and
,, Captains Van Rensselaer and M'Keon, and several others ; some prisoners were taken, several
1 of whom were severely wounded.
I I regret to say that the taking of this island has not been gained without considerable
Igss on our part ; and I have to request that you will report for his Excellency's information,
that ,■)() soldiers of the 3-id regiment fell in this affair, two of whom were killed, the others',
/ I snipe dangerodsly, some severely, wounded. I sincerely regret the loss of so many brave'
»' soldiers, and feel it the more, when I reflect they did not fall before an honourable enemy,
?ir T r* IK ^"' ""'*er the fire of a desperate gang of murderers and marauders. A list of the killed and'
1 V?'"**™^' G-C.B., to i wounded I liave the honour herewith to enclose.
eal, 9 March 1838. I Having secured the woods, and satisfied myself that the island was cleared, I re-formed
innnvincr /v»,„ c i !*''" '''"op«> »"*•. about five o'clock in the evening, proceeded back, and the soldiers returned
ipanrang cqjy of a letter <:*to their quarters, at Amherstburgh, that night.
ng the result of an able -i When you take a viewtof the circumstances of this affair, I need hardly detail to you-the
M from Sandusky Bay, in /arduous duties the soldiers have had to perform, from the time they left this until their
Pel^ Island, in liake Erie i''*'"rn, travelling, as they did, 40 miles in an excessively cold night, 2Q of which were across
' v*the lake; accomplishing the object 1 had in view", namely, liberating the loyalists detained
^anled by the volunt-jwr I °" ""' "'^"^' S"*'"'"? possession of the place, restoring it to the proprietors, defeating, willi
I be madp hv fbo ^-j 1 <'°"«"'^rable loss, the enemy, and returning again to their barracks, within 30 hours.
(irfn«. ol parties | My warmest" thanks are due to the whole of the officers who supported me in this under-
iiriure along oiU" extended \ taking, and it is imjjossible for me, in woi-ds, to do justice to the gillant soldiers of Her
irt of the lawless popula- \ Majesty's royal artillery, 32d ref^ment, Had regiment, and the loyal iolunteers of cavalry,
■an Government to adopt % ■"'""try, and the few Indians, wh(t constituted the force under tay command.
rairfs. u;>„'/.K V.' — 1 ' have to regret that ^r. Thomas Parish, a private in the Saint Thomas''lroop of volun-
teer carahy, was killed in the rear of thejaa* regiment by a musket shot. Colonel Prince,
I of Sandwich, Mr. Sheriff Lachlan, Captain Girty, and several other gentlemen, asked my
• permission to accompany me, which theydid, and gallantly acted with their rifles, with our
isoldicrs, against the rebels in the wood ; I found them very useful from their knowledge of
■ the locality of the place.
I trust this second repulse on this frontier of the American banditti (let it be understood
that 1 have it from satisfactory authority that the whole of the gang driven from Pele
Island are American citizens), will be a lesson to them, that they are not with impunity to
hold British territory. r j
A large tri-coloured flag, with t*o stars, and tlie word " liberty " worked upon it, and
11 prisoners, were also taken, some of whom stofe that they were formerly on Navy Island ;
about 40 American muskets, some ammunition, swords, &c., were also taken.
I am informed by the prisoners that it was the decided intention of tliese people to land
on the Canadian shore last night, and march upon Amherstburgh, destroying by fire on
their way all the houses, &c., they had to pass, and (or which six sleigh loads of American
citizens, from Sandusky Bay, had joined them the night previous to my attack, and made
-their escape back again immediately on my appearance in front of the island.
I have the honour to request that you will lay the substance of this letter before his
Excellency the Lieutenant-Governor, and forward it to Montre^, for tlie information of his
txcellency^jthe I^ieuC^ant-General commanding.
I have, &c.
rages which
?h, U. C, 4 March 1838.
of the pirates at Fightin
mstance of a British islani
rs, that Point Pel£- Island
f- This island is of consi-
and from fouv to fire in
tbureh. and 20 miles from
of their being there; they
he circumstance of seTeiil
'y- ""Ifho were detained
re, onfThursday aflemoon,
e strength of the ice, and
and' troops to that place
le ice was practicable and
time, to attack them by
I (six-pounders), the four
It, a small detachment of
roop of cavalry, one com-
ns, moved that eveniiw
. where I halted for some
lenced my mareh on the
lows : I directed Captain
to proceed round to the
rcept any attempting at
>f about 28 men oMhe
fmejit, I landed mrseir
; the rebels fled on my
me of the loyaliste who
■c in force to the amomrt
lued them through tite
nd heavy, the men were
o« M tfie woth end^of ,
an shure, and odraiMed
< in
(signed) John Maitland,
Lieut.-Col. Commanding 32d Regiment, and Col. Commanding Western Frontier.
Colonel Foster, Commandin^'Torces in Upper Canada,
4c. &c. &c.
— No. 10.—
(No. 9.)
Copy of a DESPATCH from Lieiijtenant-Gencral Sir John Colbome, o. c. B.,
to Lord Glenelg.
Government House,
My Lord, Montreal, 19 March 1838.
I HAVK the honour to acq uaint y ou that 1 have received a communication
QHJ Geuerai Wool of ttar iJftited SlHlej! army, IT copy of wfifclT is annexed;
mfonning me of the desire of many of the Canadians at Champlain to return to
the province. The petitioners h<ive no claim to our compassion, as it is only
oji- . n since
LOWER
C.\NADA.,
No. 1).
Sir J. CttllMjrhe to
Lord Glenelg,
9 March 1838.
End. in No. <j.~
No. 111.
Sir ,1. Colhoriie to
Lord ('.li'iulp,
19 March 18:18.
Enclosure, Ko. 1.
13 Mnicb i8.j8.
■ jdiiHi-J .«.'.r:^^'i>^' -.'
LO^ER
CANADA.
No. 10.
Sir J. Colburnc lo
Lord Gleiielg,
19 March 1838.
Knclosure No. a.
»5 February 1838.
IH
CORRESPONDENCE RELATIVE TO THE
End. 1 in No, lo.
»" End. a in No. 10
!
I have, &c.
. ^ (s 'Sned) J. Colhorne.
.p „. „ ., Enclosure I, in No. 10.
Head Quarters, Champlain, N. Y.,
I HAVE the honour herewith lo »mn<.m.« ♦ i:. .. '^ March 1838.
Canadian., who are dosilrofttunir"^^^^^^^^ J^t*!?" ''^^'^^ ^y a,
.•ailed co„,mon Canadians, many of w1,om howerr as ? l^""/ '^^ J^l P«titi°"e« are
families. Believing that mich sLa wo,mJ«Z , '^,u ^ "''°™ed, have farms and
delude.1 population would be peWttJd to reT.!m ^ t^ .'°""'"''? '^^* wandering and
apphcation,'^wUh a promise to^™t^tde i.fth^r Ceha^' Thr' ^ ^^« encoumgTd tb
means, and no prospect of being able to provide for their f I I ^ ^ •"■* *"^ »»"» «""»«
corrupt and designii:g men, wh^ hang mCthe lirfe™ of rt'A^'^T^"*"*'^. " P"^ ^
than to avail themselves of thi« floatinD- Lnnl.L„ T ' ^"''*'' '^ °° °">er pu|K>»
offer, to disturb the peace and nnWnAf!^^' "'''«"*"'" " fovouftble opportunff^K
object of finally pXingTiaT^^^^httcZn'TriL''^^^ f'^" '^'J^'^^^
If this popuIatfoA could fetum trU^rhomi Jd rlSn tf t"^ the U^it«, ^'^
great degree, ,t;move the cause of the exci^mTnt whi^h pI . "'' " *»«''''» ihiMkHin a
this and the Vermont fmntier, and deprive NeWnS^ Th""^ T T" P«°P'« °"
hand to aid them in their designs ^ ' ' """* °"'^™ °^ * f*"-" always at
(signed) ^. ^. TToo/, BriMdier-General,
Commanding N. F.
Enclosure 2, in No. 10.
I KNOW not when you may receive' this but J'f t'^'"' ^l".'^.'''' ^* February 1838. ,
nwself this spare moment toL^^y to you our ^uest I^d'^H "r" "T ^'^^'' ' "*^'
ofthe provigJonal government of Uwer Canad«^h^h 7 ^ ' *"* "'^ "** P«x:l«niation.
n your part of Canada to the Kdvanta^e Arco^inlT •""*"*"* y^V/""''* ''"tribute
large force and well provided foTwart^kun hi. .^a^l^ '» «g>*ement, M'Keniie, with a
Upper Canada. On'^ Frid^ l^ng hi L„^ w^ Jl^""^"L!r^"^^^
about 18 miles below Kinsston and L» ^Ln/n^ 1" /f^y, encamped near Gananoqui.
he had taken K.^ton^S neJs v^l^T " ^T ^ ^^^^ «wng
gr J. Colbome trOener,! W^l^^t Cha^r AisTorZf™^. 'iU fr''^'' ^'
M'Kenae s movements at Water Town »ll ih. .~.»^ .IjI!^^^' . . " '"* ''"' "^port of
Upper Canada^tsndCthis momfng^TCrn thatl^ & '^'''b """^ '*°' °" ^^^
teten the largit number of re^Tars he cJuJd v^ th tm W ^^ '"^ '^^^'' '"»^''>S
Wool and Colbome & Co are unHpV .h„ « ■ . ••"** "^ arranged, that
our men and means to th^a^tance "f M'Kenzie'"a"n7tZ ^^ "« ""irf .""^T"' -"« *
absence of our men and ammunition! We a« ^fo^ o^ " <=onhn„ed bv the anparent
west^to guard the St. Lawrence frontier, dhi^^HinTw- that ^.1. "'J?^^ ^°°' ^'^ "">»«
mto Lower Canada on Monday night^d TXarmom'inJ o" T'^^^'t"''^ o" entry
purpose, so, if you cuis^bly^o^ZAte, o^rTu7c^' ^^^'^"''^"'•''"ndantfor our
i would advise vou to mTTyour^ay ^th aU Z.ihJe Ted .' -fe-^ p"""*' "»«'"««"'•
men enough, wfien we shall by rapid movementiTn voi.^ftlt. ' '*"'«"'''?''«> have
■fyour force is insufficient for this fi ret roXtVen^? *"'"« '*''^"'^' Montt«,l;
thence to Sorel, whet, you may tLke up Zriers untilto?"^^^ "y""""*- «•>«*
your force s still less move onwl«h »lt.« until you receive instructjons ; if airain
and La Prairie ;. ir.H yl^S oTfiiU^s'^Vrf' "l ^'TT"' B-y. «» Joh^"
through selfish and family ,no vrr^rdhH^ J.? ""^ abandoned us, and this
French bad laws. We can do w^l ^hn 7l.- ^^'^Tu"*' «"<• mvetenite low of the old
only fit for words, but nrforacl^it We Ltr/h"''* better than if we had him,"
coi^ial i^-eption on ou ar^^ar We hTve nam^d vo^ ^'^ "^""V"* "'■« '"^^y «"<!
commission now, it is unnecessaiy. ^"^ ^°'' * "?**'"' •»"» ' d" "ot seni the
J- B. Ryan, Esq. Derby Line. ,.• ./"""a*".
A, , , ("gned) iioAerl AW«,».
fn>m&"^r M'"fe i"' "■ yPO"^"^"". Md tra nsmitted t» Brigudicr^G^^^,! W^ ^r
JTom^Uojr, VI. ; March 1«J9«; X^giied) j^r i^ «rLZ._^^^^**'*' "^"^ ^
J*
Lieuleoant U. S. Nary.
-:*
ri
TO THE
r request. I have, however
from Dr. Robert Nelson to
Jral Wool.
I have, &c.
(signed) J. Colborne.
AFFAIRS OF LOWER CANADA, kc
19
— No. 11.—
(No. 17.)
Copy of a DESPATCH from Lieutenant-general Sir John Colborne, a. c. b.,
to Lord Glenclg.
Government House, ■
My Lord, Moijtreal, 30 Marcii 1838.
In acknowledging the receipt ofyour Lordship's Despatches of the 30th Deccm-
Iber 1837 and 30th Januaiy 1838 (Nos. 5 and 18)*, I beg leave to express the
j great satisfaction it affords me to learn from vour communications that the
measures which were carried into effect during "the revolt, and the conduct of
f the troops under my command, have met with tlie approbation of Her Majesty.
' With reference to the parts of your Despatches which advert to the acts of
violence committed at St. Benoit, and to the misrepresentations of the occur-
rences, after the dispersion of the rebels, that have apjieared in several public
journals, I think it necessary to describe more particularly tlie state of the
Connties of the Lake of the Two Mountains and Terrebonne, previously to the
Arrival of Her Majesty's troops, and the circumstances under which they took
possession of St. Enstache and St. Benoit.
j "The systematic plans for corrupting the habitans in these countjes, and pre-
.jjarmgthem for a change of government, had been so successfully persevered in
I 'or ™«"iy yeai's by certain influential persons in this district, that the well-
> subject, with the assurance I disposed proprietors and merchants Hivho attempted to expose their views were
i^. „?7k"^,t'° ..I Bf"?^*' '^<' I insulted, proscribed and, in many instances, their cattle injured ; when the pro-
jects, however, of the revolutionists were sufliciently matured, a more open and
determined course was pursued. The loyalists, or old country men, were
intomed that if they did not declare themselves for the patriots, their property
-would be destroyed ; and they were kept in a state of alarm by the frequent
|Visit8 of bands of Canadians, who warned them to quit their farms, and leave the
||coimtry.
f Many of these unfortunate proscribed families were compelled to conceal
I tiiemselves m the woods till they had an opportunity of effecting their escape ;
I othere assembled at some point where the old country men were in sufficient
I numbers to defend themselves.
During these proceedings armed parties of the rebels, organized by their
■respective captains, plundered the deserted farms; many of the sufferers of all
classes fled to St. Martin's and to Montreal; but, on the evening on which the
troops took possession of St. Eustache. the loyal inhabitants of that village and
neighbourhood, anxious to return to their homes, and to protect the remainder of
their property, followed the troops ; and I beUeve it is not denied that the houses
which were burnt, except those that were necessarily destroyed in driving the
rebels from the fortified church, were set on fire by the loyalists of St. Eustache
NovembCT"^ ' '""* ^"^ *^"'"'° '™'" ^^"^ country in October and
The Royal regiment and the 32d and 83d regiments were employed, during
the night of the 13th of December, in preventing the fire from spreading; and,
with respect to the conduct of the troops, I am confident that not a rebel lost his
hte, or was injured, except during the defence of the houses and church :
1 heard, however, that so determined and excited were many of these deluded
men, under the command of Chennier, they continued firing nt our troops, even
after he houses had been forced open and entered. Such instances of obstinacy
and desnerate conduct can only be accounted for by their having been kept
cons antly m a state of intoxication, and from the dread of their leaders that
should they be made prisoners they would be tried and condemned. At
St. Benoit 300 or 400 loyalists from St. Andrew's, having received arms a few
hours before their march entered the village about midnight, and occupied th«
church; and although Major Townshend, with part of the 24th, and Colonel
Maitland, with the 32d, intended to remain in their quarters at St. Benoit.
IS^ZL^'^' instructions, till after the march of the corps of volunteers on
-tt«»retttTO^t,wHon, Ihey were prinrented Hy the lire whW suddenly broke-
out from everv nart „f ih. v.li„„„ „„^ ^,,ich, they suppose, was effected by
the
LOWER
CANAD^.
Nrvv.
Sir J. C'olburne tu
]Lord Glenelg,
30 Much 1838.
'hief of tlie Britioh Forces
Quarters, Cimmplain, N. Y.
13 March 1838. '
ency a petition signed by aj
country. The petitioners are
m informed, have farms and
ountnes if this wandering and
omeg, I have encouraged the
hey are here with but small
iihes, conseguently a pr» to
e frontier for no other pullHMfe
a favourable opportuni^K
» of the lihe, with the «v6wea
igland and the United Sta»*s.
here, it would, 1 <hihk, in a
* among our own people 011
I others of a force always at
ions of tlie United States.
■ to present this coram unica-
ich valuable information on
Wool, Brigadier-General,
Commanding N. F.
unday, 26 February 1838.
little time hereafter, I avail
1 a few of the proclamations
sirous you should distribute
[reement, M'Kenzie, with a
ursday evening last towardis-
ncamped near Gananoqui
ntreal came to hand sayine
Srmed by a despatch fit>m
',■ On the first report of
Bible were sent on towards
n his way thither, having
Ve have so arranged, that
t we have recently sent on
confirmed by the apparent
evemng, Wool will move
I much fiicilitate our entry
ir force is abundant for our
be of easier attainment.
Three Rivers, if you have
laving rescued Montreal:
way to St. Hyacinth, ai)d
ive instructions ; if again
issisquoi Bay, St. JolTns,
abandoned us, and this
inveterate love of the old
n if we had him, a man
assurance of a lively and
I, but I do not send the
Yours, &o.
ed) Robtrt N*Uom.
<ieut«nant (J. S. Navy.
357.
O 2
^s^mtls^F^^'-'
LOWER
CANADA.
No. 11.
Sir.I.Colbome
I^rd Ulcnelg,
30 March 1838.
20
CORRESPONDENCE RELATIVE TO THE
tu
lo
Mate*' »8,<8-_,
End. No- 5'
Dectnib(r_>037-
Kncl. 1, in No. 1 1,"
Enclosure 1, in No. 11. '
Sir,
immedmtely on yoir BUKKistfon 3 to ?«li ^ •"iBchieC n„H I sLll be glad to ar?
Brigadier^eneral Wool, i have, &c.
U. .S. Army. (signed; y. Colborne.
.feinity, whose property had been 'plundered by the
the inliabitants from the
"^^T^'r^ ' ' *' — "^-" l"""ucrea Dy the
i'<lucate.l chisses a„, the Zests ft ''^^i'l"""^ attention on the part of the
of discontent anj hati^J' "^Lt tt'Tit^h'?"'^"'"'^'' '° T"^ ' *'--I'' '^
Pri'vaik - ^ ' "'^ British tJovernment, which at present
cie^ri^tr:u;7b:,tv;\hrftr' a report yesterday fro. St. Denis
stating that "TheVplrt^;i„*=J^"'"^^ "[., ^''« ^>^^i^^ns of this district^'
agitated again by tL Ltlltge'^TwItE '^'^ ' "" ^''-''" ^ ^'"™' '^'y »" ^
. itis i^-"^S'^Egj'E'^,r JSr^tranqiii, -'^ «'-dient ; and when
assistance can be e.xpected from he L^ ," ■ '" .' P/ovinces. and that no
good government mL graduXtQu'rftt hffl '*''' 'f • "?^^ "^ "^''"^ and
which hLteiiTaS: im %t"S '• tr>^-'^"^^ themselves of the offer
rnolestation. I transmit hSth'^Zi'"? tt'cor"' '*', *'" PT'"'^^ -■'»'-'
place on that subject ' ""^ correspondence which has taken
-^<^^<^/lS;J^i^:J:'^^-^°^' -^*-^« »f «--l orders
mention, that in the aSr of St PI^ 'TT™f S*^ '''^' ^'^^^"'^ ^ ""J I C to
there was no instance Xtevt of sever h' o^r' ^[''Y\''' """""^'^^ "-''""
command. "^ °' 8e\(.rif^ on the part of the troops under his
"'cSe^^uSt'Jj^^^^^^gre^^^ from their having remained in an
I liave, &c.
■ (signed) /. Colbo,-ne.
Enclosure 2, in No. 11.
Enci. a, in No.
Sir,
r A M directed by his Excellency the Lieutenant ffen,.rnl ^''"'':Pa'. 20 March 1838.
will e --"-^ yy •»' r^xceiiency the Lieutenant ffent
wil foi-ward, with as little delay aa nosmble fh. il 1 j ." S '" ™l"*'gi mat you
United State. Army, who ia aup^To be at rh» r"* "'.**' *° Gener*VWool, of Z
French Canadian. I'ho have I^^E.!°.rf„!'„'ri:?T:P''"" ' '' ''"» ""-erence to a number ^
French Can;diV;-):ra;: l^L^e "ng fof.^^^^ jf "?' "'^^o^ZlZZ
through GenemI Wool, a deaire to return^to thrhor. ^^' ""•* ''*'" "P"^*'^'
Mr. Jobaon
:i57-
i '
THE
1 l)cen plundered by the
u Ch^ne, St. Denis and
citenient, and well pre-
8o ignorant and credu-
ntion on tJie part of the
ty,» to remove the sj)irit
nent, which at present
erday from St. Denis,
ans of this district, by
ter a storm, ready to be
ad obedient ; and when
provinces, and that no
the friends of order and
rhich the factious party
hemselves of the offer
o the province without
dence which has taken
cts of General Orders,
e revolt ; and I beg to
icrall informs nie that
the troops under his
having remained in an
have, &c.
") J. Colborne.
treal, 10 March 1838.
ith instant, and for the
men wandering on the
may result from having
I sliall be glad to art
Imitting all the French
;ived with justice to the
> residing at Troy and
3r any persons of that
eceived by a magistrate
■", on examination, they
f
I have, &c.
ed) J. Colborne.
f AFFAIRS OF LOWER CANADA, &c. n
Mr. Jobson, they are found not to be very objectionable characters, they will be furnished
With passports to return to tlieir respective homes, after they have taken the oath of
allegiance to Her Majesty.
4 A report should, however, first be made by yourself and Mr. Jobson of the result of your
•xamination, accompanied by a list of the persons whom you both recommend for his Excel-
lency B clemency ; and after the report has been submitted at head-quarters, his lixcellency's
tpleasurc will be promptly communicated to you.
Mr. Jobson has Been directed to proceed forthwith to Odell Town.
I have, 8(,c.
Lieutenant-Colonel Odell, (signed) W. P. Christie,
Commanding at Odell Town. . Prov. Mil. Sec
LOWER
CANADA.
Sir J. Culborne to
Lord Glenelg,
30 March 1838.
Eocl. 3, in No. 1 1.
Enclosure 3, in No. 11.
„ , , ,. Odell Town, 24 March ,1838.
Kkpobt o» the proceedings of an examination held by order of his Excellency Sir John End. 3, in No. M.
Colborne, Commander of the Forces, &c.&c., upon certain individuals, refugees from this pro-
vince, now m the village of Champlain, in the United States of iVmerica, and" who had
through General Wool, of the United States army, requested permission to return into this
country ;accordincIy we, the examinators, met at this place on Wednesday the Slst instant
and on Thursday tlie 22d waited upon General Wool at Champlain, in order to ascertain
the number and condition of those individuals who had applied to him fSr Such induleence
when we found that not more than 18 or 20 persons had made such application- out of
which number it was ascertained that four or more bad already left, and found their way'
? into Canada ; two or three others, from fear of the consequences, declined presentine them-
• selves, and a few others could not be found, supj^sedto have gone off- intrt the country to
I endeavour to find some employment ; so that only six remained, which number was on Friday
i ""= 23d sent in to our frontier post in Odell Town, under the charge of a Lieutenant Smith,
g A. U. C, to Oenenu Wool. They are,
Louis Dumas, "1 f . r, „
Xavier Dumas,/" "* ^°"^ ' ''**" absent about six weeks.
Enii'licn Roy, "1 „,, ,. ,■ ' ,
Louis Regnier, j ° ^ Acadie ; ditto about nine weeks.
Abram biss^tte, of Delery ; Sitto about 10 weeks.
Louis Dupuis, of St. Edoiiard ; ditto about 3 j months.
,-All of them, except Louis Dumas, were with the rebels at the Beech Ridge, and were all
|anned, a part at Alburg Springs and a part at Swanton, the evening previous.to their cntcrine
.|the province. Xavier "bumas and E. ftoy deserted from the rebll' camp during the nPch!
I and returne<l to Champlain, being convinced they were acting wrong ; they are all marned
I "'^", '"'^^ f'»'»''',f ^'f.'i'^Pt L. Dumas and Regnier, and all ap^r ve.^ penitent for their pTt
I conduct ; are all willing to take the oath of allegiance, premise solLV? to rema n ^a^
I able subjects for the future, have 9II declared tEemselves perfectly sensible of their mor-
,, and as they are all men of no standing in the society to whiclTthey belong, and consequenti;
^ of no influence, we respectfully beg leave to recommend them to the favourable consSlratk,n
; of his Excellency. In the meantime we have remanded them back to Champlam to await
his Excellency s decision in their behalf The whole, nevertheless, respectfully submitted
(signed) T. Jobson, J. P.
I'Cwis Odell, Lieut.-Colonel.
al, 20 March 1838.
Iff to request that you
Lieneral Wool, of the
rence to a number of
rand have expressed,
iblage. Sir John Col-
have inntniPtionB to
xarained by you and
Mr. Jobson
Enclosure 4, in No. 11.
Extract from a GENERAL ORDER, dated Head Quarters, Montreal, 12 Dec. 1837.
TiiK service upon which the troops have lately been engaged has been greatly facilitated End 4 in No 11
by the spirited and unpju^Heled exertions of the volunteer corps of MontrelTsomeTf Which
en.rr^^,!.''""'"^'"''7')^''"'"'*''''"'"°rt"'g»>'; ""d his ExcellencytrrsU that the sa^e
^M^: fr'^r"'^*' J*"** d'«^>P"i"e which has hitherto charncteriswf the troops ngene^^
will shortly put an end to the deplorable warfare in which they have been engag^. ^ '
(signed) Jokn Eden,
Lieut.-Colonel, D. A. General.,
Enclosure 5, in No. 1 1 . '
A,, '■.".■ ,^r„ Head Quarters, Montreal, 28 December 1837
All persons unlawfully appropriating U, themselves the property of any of Her Maiestv's
sub ects, whether accused o.'^ treason or not, are to be immedWy secuid and committed
to the common gaol of this dist.ict; and the Lieutenant-geneml commanding 6,^^^^
ma.r.strates and peace officers to be vigilant in giving immedfate effect to t4^ "iSer in which
tlicy will be aided and assisted by all office™ ii, command of troops '
-^ "-- '---' By bi» Excolteiicy's <»iiHnaiid, - -
,.„ (8'gned) JoAn £rfeB, Deputy Adjutant General.
.13 /• J
End. j, in No. 11.
LOWER
CANADA.
No. 12.
Sir J. Coibome to
Lord Glenelg*
31 March 1838.
22
CORRESPONDENCE RELATIVE TO THE
EncL in \o. ij.
M
(No. 18.)
Copy of a DESPATCH from Lieutenant-General Sir John Colborne, a. c b
* to Lord Glenelg. ,'
My Loid Government-house, Montreal, 31 March 1838.
ult m"o?No asW^n *".f,?''°°*J«dge the receipt of your Despatch of the 19th
u-n^:J2 h ^' ^"^^'"'"V'g «n Act of Parliament, intituled "An Act to make
tau«ing.thi8 Act to be proclaimed. A copy of the ProclJmaSon is annexed. ^
nextConth^wTh^^t.VW ** '" "''"'"",' '^' special council about the middle of
hX.T? ' 7 '^T «f proposing a law to be passbd for the suspension of the
, ' Svemfr'gtSar'"'^"' "" welfa.. of the Ppvince before the a^rivX?^^
With reference to the political opinions of the principal parties in the P^vinrP
your Lordship must be fully aware of the di^ufty of Slec^gTrSas who wiS
ounc7TEl\lr''? "* this crifei^to^be^appointedi'^rpiioTi
nZTl' f ' •'"^.y.e'". lose no time in 'dominating 15 or 20 gentlemen of
warrant their being selected for this important office.
I have, &c. r;
,^ ' . . 'J- Colborne.
■ -:> — :—.
Enclosure in No. 12.
i "
' ^A PniTince of Lower Canada. Colborne.
^^M^* Excellency IJeutenaiit-general Sir John ColboAie, Knight Grand Cross of thp
To all to whom these presenta shall come, greeting :-A Proclamation
Qu^n Victoria, it is amon? other thin^ ei^^Tthat Ae ^Act SlUn^""^. ^i 't
to execute the commission of Governor of the sai/prov?nce Kwer ffla V„^ H,"*""
the said-Act of the said Parliament of the IJni^ S^'^!!?' rV . P^P^^^mation, proclajm
th,t the said Act of the -id P^CL^fthS^d maf<:^e^^^^^^^^^
said provmce from the day 6f the date of these presents • "'""" ""*
l-.id 1838, and in the first ^ear of Her Majesty's Re^^, ' . " ^^' ••'°'"
By his Excellency's command.
fcounci
■ You
Jceedin
^ vented
.Mr. Si
ithat h
I thinl
townsl;
of Len
sent CO
are nal
• A cc
and ah
,;for con
! At a
city of I
" An A(
v^ieth^p
i|Killorg, y
^Joliette,
flChristie,
f H. Knoi
¥ The (
Colbom
and tool
HisE
clerk, vi:
l8t. t^
2d. T
3d. H
4th. I
Frayei
HisE
HisE
the coun
His E
TheH
the couni
It was
into Frer
of the m(
The CO
"B. Daly, Secretory of4he Province.
Rules at
Maiest
under e
Kingdc
No. 1.-
rUQuer toG
No. 9.-
of the real
357-
/
TO THE
r John Colborne, a. c. b..
AFFAIRS OF LOWER CANADA, &c.
— No. 13.—
23
LOWER
CANADA.
ntreaj, ai March 1838.
•our Pespatch of the 19th ^^
titulejd " An Act to make
Canada," and also Her
No. 13.
(No. 29.) ^ Sir J. Colborne to
Extract of a DESPATCH froja LieUtenant-General Sir John Coibffme, a. q. b. »3 ApriUSa^.
to Lord Glenelg ; dated Government House, Montreal, 23d April 1838.'
I HAVE the honour to acauj|^t you that 1 opened the session of the speciat
:ouncil at the Government I^se of Montreal on the 18tii instant.
I You will perceive from the accompanying extract of the journal of the pro-
^ , „„„ „,ow iicr «cecding8 of the council, tliat 16 members were present; and that five were pre-
ual to constitute a special ^vented from attending by the bad state of the roads in Uie district of Quebec
'--'^5-^?/°*^°"'' "'™8'>>Pi -Mr. Smith of Stanstead, who was irominated to the council, having informed me
" ' ' " Jthat he is unable to accept the appointment which was offered to him, and as
I think it desirable that another member should be selected from the eastern
townships, I have directed a communication to be made to Mr. Thomas Austin,
of Lennoxville, inviting him to replace that geVitleman. The council at pre-
sent consists of 21 members, 11 of them are French Canadians, and two others
are natives of the province. ' '
A copy of the rules to preserve order, sanctioned by me in council, is annexed.
Ke earliest^pportunity of
lamaoon is annexed.
luncillabout the middle of
I for tkesuspension of the
es may render necessary
before the arrival of the
il parties in the Brovince,
electing persons who will
linted to the provisional
I 15 or 20 gentlemen of
ince in their districts to
I have, &c. ".
• J. Colborne.
and also a statement of the Ordinances which I have already brought forward E^TT^
"for consideration and adoption. ~^ "
(Extract.)
Enclosure 1, in No. 13.
Anno I' VicTOBi* Reoin«.
night Grand Crogg of the
loyal Hanoverian Guelphic
iceg of Lower Canada and
16 said Province of Lower
Proclamation.
nt of the United Kingdom
]r Provision for the Govem-
; Our Sovereign Lady the
;t shall be proclaimed by
1 province, and shall com-
ou thereof: Anc^ whereas
■ the purpose of that Act,
•f the province of Lower
I, the said Sir John Col-
iovereign Lady the Queen
er Canada ;— Now thei«-
o execute the commiggion
itboritv reposed in me by
s Proclamation, proclaim
it Bk-itain and Ireland, so
ind take effect within the
ioH«e, in the cW^f Mon-
l!arch, in the year of our
«tary ot4he Province.
At a seggion of the special council begun and holden at the Government House in the End. t.in No. 13.
city ot Montreal, in pursuance of an Act passed in the Parliament of Great Britain, intituled
'r»^'. V° '""''e Temporary Provision for the Government of Lower Canada," Wednesdav
lie h April 1B38, the following gentlemen were sworn in by commissioners as special coun-
cillors, VIZ., Jameg Cuthbert, Toussaint Pothier, James Stuart, Peter M«GilI,^artheIemi
Johet e, Pierre De Rocheblaye, John Neilson, Samuel Oerrard, Jules Quesnel, William P.
fChrmtie, William Walker, Jogeph E. Faribault, John Molson, Etienne Maynmd, Paul •
P H. Knowlton, Turton Penn, egquires. ■
5 n'\t. *=°""'''"°." having taken their seats, hig Excellency Lieutenant-general Sir John
1 h°J .T'k"" "■ "; "."i^-J- '!" Administrator of the government, entered the council chamb?^
I and took his seat at the head of the council table.
I 1 "J* Excellency laid before the council the following documentg, which were read by the
1 ij'' ^li' ^'"^«l'ency'? proclamation promulgating the imperial statute. 1 Victoria, c. 9.
M 2d. 1 he statute 1 Victoria, c. 0. ' "^
^- **? Excellency's proclamation assuming the government of Lower Canadk.
4th. His Excellency s proclamation summoning the special council to meet on this dav.
His Excellency laid before the council the rules and orders for ite government.
His Excellency was alw) pleased to name the Honourable James Cuthbert to preside at
the council table during His Excellency's absence.
His Excellency then withdrew.
.l,7i*„n.^K""I. i?*'""iF""''^'* having taken the .hair, the rules tad orders laid before
the council by his Excellency were read by the clerk, uriatim
It was "^so'^ed, that the rtiles for regulating the proceedings of the council be translated
o-f'Thrre^v^Vf'tttuS' '" "-^ ^«""' ^ ^'*"'='' *»«-• •- p"-«^ '-»-« -
The council then adjourned until to-morrow at one o'clock. /
Enclosure 2, in No. 13.
Rules and Obdebs for maintaining Order and Method in the DiesWh of Business in Her
Maiesty s SpecisJ Council for the Affairs of Lower Gi««fa,lon^ituted by Her Majesty
under and by Virtue of the Ninth Chapter <!f the Statute of tht Pariiament of the Unitecl
Kingdom <X Great Bntaxn. and Ireland, passed in the first Yeir of Her Reim^
L^m2liAra^7wi^V/,iSLES"Jjl^^i''''^ ^ '=°"^«f*'* by proclaStion issued Eadji^in N,. ^r
,-TOder Ae a«attw^of the nKM^ince ST^avTBefbre tTie time fixll for sGch sesgion. - ^^^'-^
of?here.;;;l%T.uc';:'abt"r^' himsetffromCouncil without informing the Governor
357. D4 No.*.—
i
r
1
I.OWKR
CANADA.
N^j. ,
Sir J. Colbprne to
Lord Glenelg,
»3.April 1838.
End. 2, in No. 13
n.
24
COfeRESPONDENCE RELATIVE TO THE
«.^o^l:^JXlte.,:!"SZSt:::^;.!;;:S3'''« preside, .e.ber,..a„ pr.
U.e OoverHor, or i.> Ins ab ence ll^e , csk i.H^^ . .^ '!"' f^: ',''" "?'*'"'K •^'^e Council,
h„„ln„K„„„ «„. .... .. .-'^' '"''",'';::« rj::^/'.-''„teke^^the cl,^H.d prayers-
taken m the order in which it appears on the " order W^t" ^* ^ ^"'»'"es8 shall k
Governor, on good reasons bein^Town for such deSr ""'"""^^ P"™""'"" "^ "•«
Discussion,
ah^nc^l-^Sln^'^-g^r'c^rrih:';;^':;^^ ^ ^•'"'-' ^ '" »>«
audience. " person enutied, in hig opinion, to pre-
,ue';Ln?aTd''uS'Lcr,KrL?n,X''t*^u^:r„tlr'^ .^eSCouncilupon any Bill or
to proceed to vote (beginning with thefu rCo^ndllor n T' n'.r"*,''",'"' ""= ^"'"'"^ «
• sary absence, the assistant clerk miC n^ th" vn » TTu*' ^""^ u'^'"'' °' "' '"» ne^e"^
once%i^;;'r„ Jxp?zr)TprvS' L^re'^ThuS nTovf ''^^^^ '^ 'p-^ -- '^
the privilege of reply. P™viaea, However, that the mover of any quesUon be allowed
^i^\im^i!^T^^ i" dit:hr.^ii"s^ z'T'" ■^•i'^ "••"='"'■'• -^ >*•"
member, he must do o without namh,rhhn Offici«^„.l k!*^^ "L"?'"'°" °^ «"y <"h"
appointment. ^ * "*<="*' members may be dasignated by their
absence, it be ,0 determined by a majorit; oflht^^^^jiVrKci;:^!'^^ "' '^
Ordinances. /
.u.«:s«^;£.::^;r;:^i:;^ Sr HtSi!;^ the Oove^or. the derk. or in his i
sluill be competent for any meml^r to move [h«t »h» 1 J°''J1?''I ^°^^ "'«"»''' '"'^ it I
.rs^chmoti-rbeagre^irothTtmerairile'ir^^^^^^
ber^'L'yVoinhttr L'^tn^Sd^u^tTh^^^^^^^^^ If"' ' ^' "-• -y —
carried, such second readii.gTall bThaS on t^e ne« lv^^?£ ^'*"^ been seconded and
remote day shall l.appoinfed for\t So^d Sd^n^ of Xtt '""''"»' ""'"^ *°""^ ""-
l.bertVto"^ovra;^':3l"ttfnu1hT'^''"°^^ member shall be at
seconaedbysomeothe^memlTr ?L 1 °' .".f«*"«»"cei and upon the motion being
posed amen^dme^t shaM ^s^u'ssS ZZJT"""''''^'^'^ ■'"'^ °' °'^'°'"«^« "»■«' P™^
^ime, as occasion nmy require ' ""* """'' *'"'<="«'"°"'' °>»y be adjourned from time to
thi^°t.meTn\t S^Lt^L'Te™"' '* *"""'^' '"*= '"* ^ '"^-'-« -X be «ad a
Governor's a^![ '^/r.i''K "J^'T*^ '"»* '^^" J«4d aSthinT time and passed wiUi the
The Clerk.
before
ttr^mmmmimmtv^^i^iiitJ^
TO THE
AFFAIRS OF LOWKR CANADA, &u:
'2h
a presidinir niemlx' I keforc the Council, and bhall number the proceodiiign of each day, us of one geilteral CaNAC
LOWKU
Canada.
cmor, or, in liig abseuce, the
or the meeting qf.Uie Council,
1 take the cljfti'| -^tlid npayer.
presidrng meil^fer, win dired
begin the proceedings of the
l>een approve^, are to be con-
er.
ne shall be tint proposed by
I 8hall take precedence of all
I for), all business shall bt
unless'by permission of the
ind must be seconded before
esiding member.
No. 93. — He shall take care to have every law or ordinance written io a fine text hand
bfore the third reading.
Petitions.
'S&. 3|. — All petitions addressed to his Excellency the Governor, on laws and ordinances,
efore the Oovemor and Council (and no other shall be received), shall be presented imme-
liately after the Governor, or in his absence, the presiding member, shall have taken the
m No. 35. — When any law or ordinance V> which any such petition relates is under discus-
K>n,it shall be competent for any member to move that such petition be read, and then the
ueation shall be put whether the petition be received.
No. ,3.
Sir J. Culborne 10
Lord Glenelg,
Aa April 1838.
End. ii, in No. 13.
Enclosure 3, in No. 13.
nie, the Governor, or in his
Jed, in his opinion, to pre-
le'tlouncU upon any Bill or
ar occasions, the Council is
), the clerk, or in his neces-
member; after which the
•e which side has the majo-
y division.
by any member; but such
)r, or m case of his absence,
liberty to spea]^ more than
of any question b& allowed
ddress the chair, and shall
ich or opinion of any other
may be designated by tlieir
lered as highly disorderly,
•overaor, or in case of his
' to be necessary.
Brnor, ihe clerk, or in his
|inal iiotes thereof, but it
n^c be read at length, and
ad a first time, any mem-
ivjng been seconded and
leeting, unless some more
*ly member shall be at
upon the motion being
iw or ordinance and pro-
! adjourned from time to
ordinance may be read a
le and passed, with the
igned by his Excellency
a law or ordinance, and
ill be, " That this oitJiy
rk, shall keep an order
subjects intended to be
Re shaFkeep'a journal
n, all subjects brought
before
A List of Ordinances proposed for the consideration of the Special Council.
No. 1. — An ordinance to declare and ascertain the period when the laws and ordi- End. 3, in No. 13.
•ances made and passed by the Governor and Smcial Council of the province shall take
Wect.
"f^ No. 8. — An ordinance to continue two certain Acts therein mentioned, relating to registry
'jkffices in the townships.
||i No. 3. — An ordinance to authorize the apprehending and detention of certain persons,
. jand to suspend for a limited time as to such persons a certain ordinance therein men-
M No. 4. — An ordinance to continue a certain Act therein mentioned, relating to the trans-
vportation of convicts.
f No. 6. — An ordinance to continue a certain Act therein mentioned, relating to lessors and
I lessees.
No. «. — An ordinance for indemnifying persons who, jince a certain date, have acted in
apprehending, 8cc. persons suspected of high treason or trelisonable practices, &c. Sic.
* No. 7. — An ordinance to continue a certain Act therein mentioned, providing a fund for
Mck emigrants.
No. 8.— An ordinance to continue a certain Act therein mentioned, for recovering sea-
len's wages.
No, 9. — An ordinance to continue a certain Act therein' mentioned, for ascertaining the
Mamages on protested bills of exchange. '
No. 10. — An ordinance authorizing the repayment out of'lhe monies in the hands of the
I Receiver-general of this province, of certain sums advanced from the Imperial treasury.
No. II. — An ordinance to authorize the appointment of commissioners to investigate tlie
claims of certain loyal inhabitants of this province for losses sustained during the late unna-
tural rebellion.
No. 14.
Sir J. Colbnrne l^
,Lnrd Clenelf;,
34 April, 1 838.
— No. 14.—
(No. 30.)
Copy of a DESPATCH from laeutenant-General Sir John Colbome, o.c.b. to
Lord Glenelg.
Government-House, Montreatl.
.Mf I/)rd, 24 April 1838. \
I HAVE the honour to transmit herewith copies of two ordinances passed by
the Special Council for the afifairs of this province, viz.
" An Ordinance to declare and ascertain the period when the Laws and Ordi-
nances made and passed by theGoveraor, or Person authorized to execute the Com- ,- '^'
miMion of Governor and Special Council of this Province shall take effect ;" and,
An Ordinance to authorize the apprehending and detention of Persons p
charged with High Treason, suspicion of High Treason, Misprision of High =:^!l!2l!!£eNo. «
Treason, and Treasonable Practices, and to suspend for a limited time, as to such
persons, a certain Ordinance thoein mentioned.''
I also forward for your LoidAip's information a list, which I directed to be p
repared. of the temnorarv Acta Af thp \x>cna\atnTt> nt I.nii,or Pono/io «,h;«li 1.0^0 ^^JsS^No
prepared, of the temporary Acta of the Legislature of Lower Canada, which have
expired since the 1st of May 1832, inclusive, or may expire before the Ist of
May 1840.
J havet&C5_
357.
(signed) /. Colborne,
y
/.
II
h
CANADA.
No. 14.
Sir J. €ollioni« I
I<aniOI«mlt,
t4 April 1836.
EocL I, ill No, 14,
«« CORRESPONDENCE HEUTIVE TO THE
' Enclosure 1, in No. 14. - • '
Anho Primo VicToaiji Reoinji,
v.nce of Lower Canada. coiSTaml ^.itTTn ' .*^'*" ^' »h« »«•«'« of Sd R^'
an Act of the I'arliam^it oF he UnS wJ^ ^/n"'Tu°^ '«'' ^^^ 'he au£ Jtf
the finit year of the reign of Her preset M«^„T ■ .T^ Britaft^awTireland, pJ^in
provision for the Government of LoTr CaS« " ^' "?'' "'•^' "/?*«=' "> "ake teT,Sr^
the authority of the «an.e, that tl^ clerk ,.f,h' « "'"^ ',' 'X ^'^'^^f^^'^. and enwK
:J^^!|:irth-^5d^SE^Vr^
s.:r^''^ta^--i-;;^^^^^^^^
aay of Apnl, ,„ the first year of the r«im, of n.fr « ^' . . ''"y "' Montreal, the Md
By his Excellency'B-comm«nd,
'*'"•• **• ^'"^y. Clerk Special Council.
0rdain
^?"««
Ml day c
oC^CIodo
MP' of 01
JPOI
En
Eocl. a, in No. 14,
Enclosure 2, in No. 14.
^nno Primo Victoria. Rr.oiN.f!.
fOeo. 8,
f Geo. 3,
vince, and .t is highly expedient ^T^c^^ Sal Sln^ T'Z' ^' *" '"^r *» «•'• P-^
easily apprehending, and more secure dete^tL of t^h """^ r'^ Provided 'for the more
others who may be suspected or charJed wir^^,. >. '^"^41!' '^"> "mited time, and o(
nervation of the oeace. Z of the Lw^S^TiS^rtTes ofThTs'n,« ^ ''''"''■°'''' ^"^ "^ »«««' P^
Be It ordamed and enacted by his ExcellenXVh! 1 1 F™^'"** !
province, authorised to execute^he SmSn of i';;'''''*»°'«(:t'«0°ven.ment of this
advice and c0fl8,.„t of the Special Cou^l^Z ^Jtl^fT"^! "'*^' ^r »»'' '^ tke
Kingdom of Great Britain and Ireland Da3L ih^fi » the Parliament of dw Uaitod
Majesty, intituled " An Act to make t?^!ZL ^•'" ^'^^ "' ">« 'eign of H«r vtmrnt
ranada," ami k is lH;rebroJ,i„ed a„d eT27>fT'''°"/'>'. t^" GoXmenHf'w
any p.„«,„ or persons that^are or shall 1 1^^ A"^°"*> "' *^*. '«""'• *«* ""^
at-or nP«" 'he day of the making and Msrin/of ?hi. oi^"* " "T^y '" »*>« P«>'ince.
b^h trewon ,a.picion of high tLsonrS^on rf fc^""' ** '**'' ''^ «"? *«««* for
may be detained in safe custody, without b?i?nrJr ^ '"?^' **' «»«««owi«e pn^em
ordinance ; and that ^ j«dge o justice of Ice Tu^T' **"""? "^^ conti„«uK?rfSS
any person or pc^ons «> coiSmittid, SutT. orde? LIT* A""^ continuance, bail or^
.ermgthegovernment^thi^.^^^^
tlM
Geo. 3, (
357-
V.
E TO THE
AFFAIRS OF LOWER CANADA. «cc. V 37
f..^^/ *^' '^'* '*""''"'*' ""^ '"*• °'^""^<^''' "' statute to the contfary Lt-
LOWJilt
CANADA.
liK.
J when the Uw. and .OnJinwce, 5
e^cr**""** "* CopimiMioa of |
.No. 14.
Sir J. Colbonw u>
LordOhoalb
94 April iBJi.
the lawk or ordinances at tht
OoterBor -nd 8peeid Cowcil
iffect, iihoaid be deoUrad mi
eltency the adminiitnitor of tht
it»8.on of the Oovfmor thereof,
tor the aflairs of the said Pro-
of and uKler the authority of
BntaflMintl Ireland, paswi i„
, n""5* *o •n«»ke temporarv
■c. f4>he affaire of thi. p^;
r'^OT** Conned, shaJl; on
'e Jiyifrt^ovenior. or penwii
arovin^, with the advice and
»*at^BdM tia iignatuw, as
iro of the Governor, or penoii
•aine ahall haVii pawed, and
)nMd to execute the commii-
e Great Seal of the said pro-
l>e taken lo be a part of erery
tatement mentioned, akall be
incem^ shall be decJarad or
J.Coilone.
Bd in Special Council, under
tie city of Montreal, the aad
idy Victom, by the grace of
, and 80 forth, m the year of
ly. Clerk Spfctal CouncU.
tpntion of Pewona charted
on of High TreaooB, ud
to Buch persons, a certain
of high treasou, misprision
, or m custody in this pro-
be proW<led for the more
for a.,linjited time, and of
irefore, for the better pre-
e;
of the Oovemment of tins
thereof, by and wkh tke
pnovince, oonstitated and
Parliament of At VaiUd
the reign of H«r praMBt
le Government of Lower
of the same, that all or
custody in this province,
m«t, by any wamut) fcr
or tnuonaUe pnu^iow
; the continunec of tkis'
1 continuance, bail or try
ernor oj^ person adminb-
I ccBSeiif of the BMtn-
tive
teef^f'thir'^vr.l^n^'; ""■ r""""'? •/""^"'' "•" "•« •"^'""n'* »f 'he Obvemor-
^Sri^rill'^r^LK'" "'5''^ ""' P****** ^y""^ w't'' 'he advice a^d cons^t of the
^a^n ^.Z? .K "''.!!°y ^""^ °' P«"°n»'t»"'t •«. an,, or shall bo in prtwn ^rt-
Lv. .wT^ "T"^" adminmtenng the government of the said province p«v^^
b'shal & is: "SZt^ 94th day o«^ August next, thesa^ pe^isTctJ
^Jm^thispresentordinanceshallcontinue unto the slid WdiyofTugu;^^^ . .
J. Colbome.
oS'^^^^.^iTT^ 1^^ authority aforesaid, and passed in Special Council, under
^§r fT^y ^t P*""**' «' the Govemraont House, in the aty of Montreal the
«gdav of Apnl .n the fi«t year of the reign of Our Soverei^ Lady Victoria by tlwGi^
By his Excellency's command, % "
Vrm. iJ. LindMoy, Clerk Special Council. \
i
Enclosure 3, in No. 14.
PORARY ACTS of the L^slature of Lo«er Canada, which have expired since EucLg. in No ,4.'
• l.t May 1832, inclusive, or may expire before 1st May 1840. ^ ^'^'^3• "" '*•• •♦-
[Geo. 3, c. 20
' Geo. 3, c. iO
i Geo. 3, c. t
Act to grant to Alexis Gosselin a Right
of Toll over the Bridge erected an the
River Boyer - - . . .
Act to provide temporary Houses of Cor-
rection ; amended by 48 Geo. 3, c. 14.
Both these Acts continued several
times, and lastly by & Geo. 4, c. 10,
expired. This last rsrived, continued,
and amended by Geo. 4,'c. 4, which,
together with the 67 Geo. 3, c. 10, and
the 58 Geo. 3, c. 14, hare been con-
tinned by 2 Will. 4, c. 6, till -
The Act 3 Geo. 4, c. 82, extends
the proiisions of the 67 Geo. 3,
c. 10, to the town of Thij* Rivers.
Act to provide more effectually for the
Security of the Cities of Quebec and
Montreal, by establishing Watch and
Night IJghU in the said Citieg, and for
other purpose*, and which provides the \
meant for defraying theexpenses there-
of; continued by 1 G. 4, c. 11, 3 G. 4
& A; centinaed and tuneoded l^ 3 Geo'
4v c. 6; This last Actrepmls sections
8 & 11 of the 68 Geo. 3 ; continued
andaniMtded by « Geo. 4, c. I ; con-
tinued and amended together with the
l««t by 7 Geo. 4, c. 12 5 continued by
1 May 1837. Expired.
1 May 1835. Expired.
>>a
^
MBylSM. Expirea."
(ooiUiittitd)
r-^.
|»\
28
lowKn
rORHESPpNDENCE RELATIVE TO THE
CANADA.
Kiiactrd.
No. 14.
Sir J, Colbornt lo -^^
94 April iJBaS. ' ' .
Eoel. 3, in No. 14.
I Geo. tit.iit
2 Oeo. 4, c. 4 -
5 Geo. 4, c. la
3 Geo. 4, c. if
3 Geo. 4, c. 33
4 Geo. 4, c. 2 -
4 Geo. k, e. 3
Act to incorporate certain peraons therein
nttnied, under the name of President,
Dir^tora, and Company of the Bink
. of Montreal ; continued nod am«hded
by IO81 II Geo. 4, c.e, tdl - ,.
Wet for the lncor|X)ration of certain per-
sona therein mentioned/ umler^ the
Name of the Quebec'^ Bank ; continued
and amended by' 1 Will. 4, c. 18,
which iavcontinued by S Will. 4, c. as
Act,t^xtend the provision* of a certain
Act \tnen!in mentioned, a« far u the
Hame\yetate8 to the Judicature' in the
Inferitjlf District of Gasp/-, and more
cffectudll^ to provide for the due Ad-
ministration of Justice in the said Dis-
trict; amended by 4 Geo. 4, e. 7;
both continued and amended by 9 Geo.'
4, c. 3a ; all three continued by lb It,
II Geo; 4, c. 61; the two fimt-epn.
tinned, and the e Geo. 4, c. J6,
amended and continued by a. Will. 4'
c. *o, and by 4 Will. 4, c. 0, and con-
, tinned by « Will. 4, c. a4
Act..to provide for the Inspection of Fisli
and Oil intended for Exportation from
the ports of Quebec and Monlreal.
The provisions of this Act c«-
tended by 4 Geo. 4, c. aa; both
continued by 6 Geo. 4, c. 18, anrf
7 Geo. 4, c. I64 expired; revived
and continued, together with the
4 Geo. 4, c. 83, by a Will. 4, c. 4,
and continued by 4 Will. 4, c. 9 -
Act to erect certain Townshipa tfieiein
mentioned into an Inferior District, to
be called > the Inferior District of St.
Francia, and to establish Courto of
Judicature therein; continued and
amended by 6 Geo. 4, c. a6 ; con-
tinued by Geo. 4. c. 40, 10 &4i
Geo. 4, c. 7, 1 Will. 4, c. 34 ; con-
. tinued and amended by 3 Will 4
c. 18 - - . .
Act to extend certain provisions con-
tained in an Act passed in the 67th
year of the reign of His late Majesty,
• intituled. " An Act to provide tempo-
rary Houaes of Correction in the seve-
ral Diatricta of this Province ; " con-
tinued by 6 Geo. 4, c. 10, ezpirad ;
revived by 8 Geo. 4, c. 4: continued
by a WUf. 4, c. 6, tiU
Act to repeal a certain Act therein men-
tioned, and to provide for the Police of
the Borough of William Henry and
certain other Villages in this Province ;
conbnued by 6 Geo. 4, c. 97 ; con-
tinued and amended by 10 ii 11 Oed
4. c. 37, and by a Will. 4, c, 6; ex
Duration,
1 June 1837. Expirr j
1 Juno 1837. Expim,!
eOeo.
i'7 Geo.
I May 1830.
7 Geo.
1 May 1836. Expire i^p (3eo.
- - I May 1887, ait I
from thence till tin
end .of the next sec
sion of the Provineiil
Parliament
' 9 Geo.
pired ; revived and amended' by 6 Will
4, c. 46 - • . . ■» . I
Act to authorize the erecting of a Com-
mon Gaol in the Inferior District of
St. Francis, and for providing the
meana of defraying the Expenaes
thereof, and for other purpoaea -
The rate* and duties imposed by
«hii Act a hall be levied jfiirim, i^
y*ars ; 6ae6.4, c.96,ha«relationtoit.
May 1836. Expired.
May 1840.
May 1830.
Geo.
»Geo.
oGea
»Oeo.
9 Geo.
357*
E TO THE
AFFAIRS OF LOWER CANADA, kc.
39
therein
•»i<lent,
i Uaiik
nehded
in^per-
er tlie
ttinued
c. IS,
, c. 38
zertain
ks the
in the
more
le Ad-
i Dii-
c. 7;
I Geo.
10 &,
. «ft,
ill. 4,
1 con-
rFiaiJ
from
il.
t ex-\
both
, anif
vived
I the
c. 4,
» -
erein
:t, to
*8t.
ts of
and
cqn-
t4i
coii-
I. 4.
con-
a7th
B«ty,
npo-
«ve-
con-
red;
lued
iOeo. 4,e. 16
1 June 1837. Expirr {
1 June 1837. Expii^
I^AGeo'. 4,-c3 -
« Geo. 4, c. a
1 May 1830.
'7 Geo. 4, c. 3 -
' 7 Geo. 4, e. II
1 May 1836. Expire |W> <3eo. 4, c. 3
r * "'y "»7. »» fl » Geo. 4. c. 8
from thence tdl thi
end .of the next sei ^
sion of the Frovineal
Parliament
ncn-
:e of
and
Ke;
Mn-
}ed.
ex-
i^ill.
jm-
of
the
lie*
by
i&
Dit.
May 1836. Expired.^
May 1840.
May 1839.
Geo. 4, c. II
» Geo. 4, c. 16
Geo. 4, c. 17
Geo. 4, c. 20
Oto, 4, c. 37
357*
Act 16 render valid certain Aclx, Agree-
meat* in writing, and Contract* tif
Marriage, heretofore executed in the
I hferior District of Gaa^, and to pro-
vide for the want oY notaries in the
said Inferior District
The loth clauM) of this Act is
temporary ; continued by 7 Geo. 4,
c. 1. Geo. 4, r.;&6, and by 3 Will.
4, c. A ; exiiired ; revived and
aftiended by Will. 4, c. 63 - • -
Act to uiakA certain AlterationH in the
Road Laws; continued b^.O Geo. 4,
c. 34, to - - . -
Act to amend an Ordinance .made and
passed in the 26th year of His late
'Majesty's reign, intituled, " An Ordf-
nance concerning ' Advocates, Attor-
nies, Solicitors, and Notaries, and for.
the more easy collection of His Ma-
jesty's Revenue" - - - .
Act more eiTectually to provide for the
maintenance of good order in Churches,
Chapels, and otlicr Places of Public
Worship, and for other purposes there-
in mentioned; continued by 10 & 11
Geo. 4, c. 21, by 4 Will. 4, c. 0, and
by 6 Will. 4, c. 32 -' -
Act to provide Regulations concerning
the Reaches and Landing-places in
Quebec ; continued by Geo. 4, c. 36 ;
amended and contii^ued by 2 Will. 4,
c. 0, and by 4 Will. 4, c.
Act to exempt from Seizure in satisfaction
of Judgment, the Bedding and neces-
sary Wearing,,Apparel of Debtors ;
continued by 3 Will. 4, c. 11 -
Act to authorize the Prothonotories or
Clerks of the Civil Courts of this Pro-
vince to number and authenticate
(parapher) the Registers of Baptisms,
Marriages, and Burials reauired by
Law to be kept ; to receive tne advice
of reUiions arid friends (" Cavit det
parau et amis,") in certain cases, and
to issue writs of capiat (u/rej|poii(^/uRi
and attachment without the fiat of a
Judge ....--
Act for the better Regulation of the
Lumber Trade ; amended by 3 Will. 4,
c. 26, and continued to - -
Act to increase ibe number of Assessors
for the Cities of Quebec and Montreal ;
continued by 1 Will. 4, c. 34, by
4 Will. 4, c. 0, and by Will. 4, c. 32
Act to appropriate certain Sums of
' Money towards the Macadamizing and
Improving certain Roads near Quebec,
ana to lay out certain new Roads
Act to provide for the more effectual
Extinction of Secret Incumbrances on
Lands, than was heretofore in use in
thia Province ; continued by 4 Will. 4,
c. 0, and by Will. 4, c. 32 •
Act to prtrrentiiraudnlent Debtors evading
their Cieditora in certain parts of this
^Province; expired. Revived by 3 Will.
— 4,c. 9, and continaed by 6 Will. 4,
O.SS - . . . .
B3
' I LOWER'
CANADA.
Duration.
No_, 14.
Sir J. Colbiirne lo
Lord Glenel^,
14 April 1838.
Eocl. 3k in No. 14.
May 1840.
1 May M33. Expired.
i
1 May 1833fafex^ited.
I May 1840. '
1 May 1836. Expired.
1 May 1837. Expired.
1 May 1833. Expired.
l^May 1834. Expired.
1 May 1840.
1 May 1832. Expired, s
1 Ma^'1840.
%'
1 May leJIO.
(.coiUiiwtd)
^
•:.- .?
i:5|
■n
30
Enacted.
LOWER
f CANADA.
\ No. 14.
Sfr J. Colfconw to ■
H April 18^ " ^'»- ■», c. 28
KncL 3. « No. 14.
Geo. 4, c. 33
SGeo. 4, c. 30
9 Geo. 4, c. 61
Geo. 4, c. 82
8 Geo. 4, c. 57
10 & 11 Geo. 4, c. 3
/
»0& II Geo! 4, c, 4
'»0 & 11 Geo. 4, c. 8
CORRESPONDENCE RELATIVE
lO&llGeo. 4,c. 10
» Will. 4, c. 3
TO THE
^^1. i?*?''.""*^ the Prooeedingg against
the Estates and Effects of 5ebto«7n
certain ca«es ; continned by 3 Will 4
c. 3, and by « Will. 4. c. Ja . 1
Act for regiJating the FewSof Grand
Voyers, and the CosU of PiSceodings
relating to Prod, Verbaux ™T^"^*
A •? *1^^^' '*" ■ '""'ted <?«»«. certain
Act. therew mentioned, .^d to ^Z
if p'? " ^^^' """'"^^ *« Inspe^on
^%ilu ""^ '''•T^tion of the siilmon
will"'' i" „*•"= C""""" of Com-
wallis and JTorthumbcriand ; cont^
nued by I Will. 4, c. 34, by 4 wlu 4
c. 0, and by 6 Will. 4, 0.32^ - '
Act towarfs enwuraging the Fisheries -
,Act to suspend for alimited time, certain
Ordinances therein mentioned, as far
as the same relate to the City of Mon-
treal, and to establish a Socirty therem
for preventing Accidents by l?ire: as
ameiKled by 1 Will. 4, c. 30 • "
Act to provide for the better Defence of
the Province, and to regul«e the
Wilitia thereof: continued by 2 Will 4
aV^li. 4^43^^"- .^--Z -'«■'>>
Act to restrain all Persons from under-
T^^ /n 'f °" "''''='» 'he Fortifi-
^ cations of Quebec are constructed -
Act to establish Registry Otfices in the
Comities 6f Drummond, Sherbwwke
Stanstead Sbefford, and MissiCof-
amended by i Will. 4, c. 3 - '
oecond Section altered by 2 Will 4
by'4'^T4T!=!-5''~ "'«"''«''
Act to authorize the expenditure of a"
certain Sum of Money,'l„d to gm,u
ceruin oowers to the Commissioners
of the Lachine Canal. Revived and
co„Unuedby2Will.4,c.^to -
(The permanent Act a Will 4
c. 22, supersedes this, except a^ to'
the modes of settling certain dis-
putes between Commissioners and
persons mterested. The other Acta
relating to saijjl Canal aTXr
2^«»««»'yS«idAct,orareJS-
nianetot. except in a. far as ^
Art P "i***^ •" accomplislied.)
v^r T".l *" ^"' P^^-^ '» the 34th
year of the reign of his Majesty
Geoije the Third, intituled, " An Act
trnT^K^V '*'"*»'l 'he Judica-
ture thereof, and to repeal certain Laws
therem mentioned, inasmuch as the
«»• rdjjte to the Court, of CrimiwJ
Jurudiction;" continued by » WiU. 4
c. 8, and by 6 Will. 4. CM .'
Art to fiidlitaite the admini.t»ation of
m.tr I^H'^a^^i- civil
matter, bafcre ^.e Ciuft of KiW.
Bench for the Districta of qS
Mpmreal Three Rive,., and foT tbe
&V«-i™f«i8^-cLs
1 May 1840.
1 May 1833. Expired.
1 May 1836. Expired.
I May 1840. * •
1 May 1832. Expired.
IWUl. 4
I Will. 4
Will. 4
I
m Will. 4,
i May 18«4. Expired. '| Will. 4,
1 May 1838.
1 May 1833. Expired.
1 May 1838.
1 May 1838.
V.
I May 1836. Expired.
I Will. 4,
- I May IS40.
=liB««ed by 2 Will. «, cfi-By 4
c.0,ancfby6Will. 4, C.32
4.
I May 1840.
4
1 Will. 4,
1 Will. 4, I
Will. 4,
1 Will. 4, .
! Will. 4, <
1 Will. 4, c
I Will. 4, c
3.57.
TO THE
■T^
AFFAIRS OF LOWER CANADA, &c.
Ojimtion.
inst
I in
•4,
ud
Bgg
1 May 1840.
I May 1833. Expired.
1 May 1836. Expired.
31
I May 1840. * • *^
1 May 1832. Expired. »
M Will. 4'c. 27
i May 1834. Expired. 1 ^ff,^^ 4^
c. 2B
:;?iwiii. 4,c.62
iWill. 4, c. 64
[will. 4, c. 8
1 May 1838.
I May 1833. Expired.
1 May 1838.
1 May 1838.
** Will. 4, c. 10
1 May 1836. Expired. § Will. 4, e. 17
Will. 4, c. 2r
1 Will. 4, C. 22
I Will. 4, c. 24
1 May 1840.
Will. 4, c. 20
Wai. 4,c. 32
I May 1840.
Caration.
3.57.
Act to exempt from Seizure in satisfaction
of Judgment certain articles therein
mentioned ; continued by 3 Will. 4,
c. 11
Act to encourage the Destruction of
Wolves ; contmued by 3 Will. 4, c. 3,
and by Will. 4, c. 32 -
Act to authorize the Commissioners ap-
pointed under a certain Act passed in
the lllh year of the Reign of His late
Majesty, intituled, " An Act to pro-
vide for the Improvement and Enlarge-
ment of the Harbour of Montreal," to,
Ijorrow an additional sum of money,
and for other purposes therein men-
tioned. Section 4 limits the duration
of the powers of the Commissioner* ;
continued by 3 Will. 4, c. 3
Act to repeal a certain Act or Ordinance
therein mentioned, and to provide
effectual remilations conctirning the
practice of Physic, Surgery and Mid-
wifery ---...
Act to suspend certain parts of an Ordi-
nance therein mentioned, intituled,
"An Ordinance for regulating the
Markets of the towns of Quebec and
Montreal, in the Province of Quebec ;"
continued by 6 Will. 4, c. 32 -
Act to incorporate the Cityi
of Quebec, amended by Both amend-
3 Wil|l. 4, c. - - edhy WiU.
Act to incorporate the City 4, c. 27 -
of Montreal - - .J
Act to maKe better provision with regard
to Appeals from the Provincial c5>urt
of the Inferior District of St Francis,
to establish Circuits therein, and to
extend the beneliU of Trial by Juir to
the said Inferior District . - -
Act to establish Boanh of Health within
this Province, and to enforce an effec-
tual system of Quarantine
Act to create a fund for defraying the ex-
pense of Medical Assistance for Sick
Emigrants, and of enabling Indigent
Person* of that description to proceed
to their Place of Destination ;" con-
tinued by 6 Will. 4, c. 13
Act to repeal an Ordinance therein men>
tioned, and to provide more ample re
gulations respecting Land Surveyors,
and the Admeasurement of Lands
Act to regulate the Qualificatioa and
Summoning of Jurors in Civil and
Criminal Mattera^ - . . .
Act to repeal in part certain Acta therein
mentioned, and to establish and ineoi^
por^te a Trinity House in the City of
Montreal • . . "^ .n^- .
Act to repeal certain Acta thereii Men-
tioned, and for the further enc^UT
ragement of Elementary ScS%l« iit
the country parts of this Province:
amendM by 8 Will. 4, c. 4, and con-
tinned by 4 Will. 4, c. -
Act to compel WharlingerB and others to
adver t ise Un claimed Goods in their
poisesnoirr eontinoedby WiiJJ.4,t.K,''
and by 6 Will. 4, c. 82 - . % i May 1640.
LOWER
CANADA.
Nr74.
Sir J. Colborne to
Lord Glenplg,
94 April 1838.
1 May 1837. Expired. ^""='- 3. "> No. 14.
1 May 184,0.
1 May 1835. Expired.
1 May 1837. Expired.
I May 1840.
\l.Mayl830\„ . .
[1 May 1838/*'*P"^-
- - 1 May 1837, and
thence till the end of
>the next Session of
the Provincial Parlia-
ment.
1 5eb. 1833. Expired.
1 May 1838.
1 May 1840.
1 May 1836. Expired.
1 May 1837. Expired.
1 May 1836. Expired.
1 1
K4
(continued)
32
Enacted.
LOWER
CANADA.
No. 14.
Sir J. Colborne to — — '*—
MAh"& 2W.I1.4,c.33
Eiicl. 3, in No. 14.
a Will. 4, c. 37
r 2 Will. 4, c. 42
2 \Vill. 4, c. 44
a Will. 4, c. 63
2 Will. 4, c. 60
2 Will. 4, c. 66
3 Will. 4, c. 1
3 Will. 4, c. 14
3 Will. 4, c. 86
3 Will, 4, c. as
4Wai.4,c. 7.
4 Will. 4, c. 86
4,Wil<.4, C.28
4 Will. 4, c. a^
fWill. 4,c. 1
CORRESPONDENCE RELATIVE TO THE
Act to repeal a certain Act therein men-
tioned, and to provide for the more
certain and expeditious Distribution of
the Printed Acts of the Legislature of
this Province ; continued by 6 Will 4
c. 32 - - - - . ' I
Act to 8iisi>eud for a limited time certain
Ordinances therein mentioned, as far
as the same relate to th« City of Que-
bec, and to establish a Society therein
for preventing Accidents by Fire
Act to authorizethe appointing of CourU
of Inquiry for investigating the Quali-
fication of Miiitiji Officers in certain
cases ; continued by 4 Will. 4 c
and by Will. 4, c. 43 - .' ' .'
Act to amend the Act mssed in the
36th year of His Majesty King
peorge the Third, intituled, " An Act
for makmg, altering and repaiiing the
Highways and Bridges in this Pro-
vince, and for other purposes," and to
make further Regulations concerning
Roads and Bridges - - - .
Act for tlie protection of Copyrights -
Act to encoura^ the establishment of
Banks for Savings in this Province -
Act to authorize the erection of Court
Houses and Gaols in the Counties of
tins Province, and for other purposes
therein mentioned ; amended bv 4 Will
4. 8 - ... _
Act to regulate the exercise of certain
rights of Lessors and Lessees -
Act further to suspend certain parts of
an Act or Ordinance therein men-
tioned, and to consolidate and further
to continue for a time, the provisions
of two other Acts therein mention^
for more effectually ascertaining the
damages on protested Bills of Ex-
change, and for terminating Disputes
relating thereto, and for other pur-
poses
Act to establish a Fire Society in the
Borough of Three Rivers, and to sus-
pend two certain Ordinances as far as
they relate to the said Borough
Act to incorporate certain persons therein
mentioned, under the name of the
"City Bank," to be established in
Montreal - - - . .
Act to make more ample provision for
the Encouragement or Agriculture -
Act to make provision for indemnifying
Pilots while detained in Quarantine ■
Duration
May 1840.
May 1834. Expired
I May 1838,
1 May 1836, Expired
1 May 1840.
1 May 1837. Expiree
1 May 1U40.
1 May 1838.
ViU.
m. <
'ill. 4
May isSa.
I May 1838.
1 May 1837.
1 May 1840.
Expired J
continued by Will. 4, c. 88 -
Act to relate the manner of proceeding
upon Contested Elections o^ Membere
to sei-ve in the House of Assembly,
and to repeal certain Acts therein men-
tioned; disallowed by Pro<:lamation,
» February 1087. The former Acta
had been continued by 4 Will. 4, c. 9, to
Act to authorize the establishment of
Mutual Fire Insurance Companies;
continued and amended by 6 Will 4
c. 33 - . . . . "■ '
Act for the transportation of certain Of-
fendere Avm this Provfnce to En^anS,
to be thence again transported to New'
South Wales or Van Dicweu's Land -
1 May 1840.
I House o
' 3]
1 May 1836. Bxpir
- The end of the L.
, sion pf the P. Parli-i
J nextafterl May 18311
1 May 18M.
.537.
VE TO THE
AFFAIRS OF LOWER CANADA, &c.
33
a men-
e more
ition of
iture of
Will. 4,
certain
as far
FQue-
therein
Courts
Quali-
:ertain
. c. 0,
n the
King
LnAct
ig the
Pro-
uid to
srning
hU -
mt of
ce -
Court
ies of
poses
Will.
;rtain
U of
men-
rther
sions
onM
the
Ex-
putes
pur-
1 Ml
ly 1840.
May 1834. Expired
.4, C.2
1. 4, c. a
l^ill. 4,c. 8
Ifill. 4, c. 9
I May 1838.
I-
1 May 1836, Expired
1 May 1840.
1 May 1837. Expiree
1 May 1040.
I May 1838.
f Will. 4. c. 12
i^iU. 4, c. 14
the
■us-
t as
irein
the
I in
for
|ring
iDc;
ling
lers
bly,
len-
ion,
IcU
I, to
of
les;
^*.
Of-
nS^
ew
1 -
1 May isSb.
1 May 1838.
4, c. 24
hll. 4, c. 26
I'ill. 4, c. 27
l'ill.4,c.28
fM- 4, c. 34 -
IWill. 4, c. SA
IWill. 4, c. sn
1 May 1837. Exp<n!d:^Will. 4, c. 67
1 May 1840.
Act to si^nt an allowance to the Mem-
bers of the Assembly
Act to authorize the Sale and Disposal of
certain Goods unclaimed and remain-
ing in the possession of the Clerks of
the Peace in this Province
Act to appoint Commissioners to treat
with Commissioners appointed or to be
appointed, on the part of the Province
of Upper Canada, for the purpose
therein mentioned - . . .
Act to prevent Debtors from wasting or
dimmishing the Value of the Immove-
able Property under seizure, to the in-
jury of their Creditors - - .
Act to provide for tlie establishment of
Normal Si^hools - . . .
Act for the further regulation of Taverns
and Tavem-Keepers, and for other
purposes therewith connected -
Act for making certain Regulations re-
specting the Office of Sheriff -
Act for the qualification of the Justices
of the Peace - - - . .
Act to regulate the Fees of persons em-
ployed by Justices of the Peace in the
Country J'arishes as Clerks or Bai-
liffs, in certaip cases ...
Actto regulate and establish the Salaries
? 1 J ^^<^«ra of the Customs at the
Inland Ports in this Province, and fdr
other purposes therein mentioned
Act to prevent the fraudulent Seizure and
»ale of Lands and other Real Property
within this Province - - .
Act for the more easy and less expensive
decision of differences between Masters
and Mistresses, and theirServants, Ap-
prentices, and Labourers iii the Country
parts of this Province - . .
Act to provide less expensive means for
the Recovery of Wages due to Seamen
of Vessels belonging to or registered
in this Province - - . .
Act to repeal certain Acts therein men-
tioned, and to consolidate the Provi-
sions therein riiade for the Encourage-
ment of useful Arts in this Province -
Act to provide for the Medical Treatment
of Sick Mariners - - - .
Act to regulate the Measurement of Coals
Act for the better Regulation of the Fish-
eries in the Inferior District of Gaap6
- - End of the present
Parliament
May 1840.
LOWER
CANADA.
No. 14.
Sir J. Colborns to
Lord Glenclg,
24 April 1838.
EdcI. 3, in No. 14.
1 May 1838.
1 May 1830.
- 6 and 3 years for cer-
tain allowances. ^^
1 May 1838.
1 May 1840. ^ -^
1 May 1840.
1 May 1840.
1 May 1840.
1 May 1840.
May 1840.
1 May 1838.
1 May 1840.
1 May 1840.
1 May 1840.
1 May 1840. :
V
1 May 1840.
1 May 1836. Expi!
I - The end of the
I sion pf tlie P. ParlJ
I nextafterl May 18311
1 May IBM.
li^s, n^ceSiJXrrirlhat' forT™'^ ^"*" "' appropriation for charitable or other
W^inenUare^^eL'^vIrLeTeTTr' °'^«<'»«'t'°") '" which, though
~re temporary. *^"^^^ "«> •=«" have no eftect for want of the appwpriatioM, w^h
House of Assembly, Quebec,
*l Mwoh I8S«.
!
.537.
LOWER ,
CANADA.
NaTs.
Sir J. Colborpe to
Lord Glenelg.
87 April 1838.
i*
CORRESPONDENCE RELATIVE TO THE
, O. C. B.
n r^"" DESPATCH from Lieutenant-General Sir Johry^M^,
Copy of a DEbP A 1 Wl irom ^^ ^^^ ^^^^^ /
Government House, Montreal,
27 April 1838.
••I i_»„l 1 Vinve. &C.
Montreal.
1 have, &c.
(signed) J- Colborne.
No. 16.
Sir J. Colborne to
Lord Glenelg,
30 AprU 1838.
— No. 16.—
r f ?dI^PATCH from Ueutenant-General Sir John Coltorne, o. c. b..
Copy of a DESPAlL^n iroiu ^ ^^ ^^^^ ^
Government House, Montreal, 30 April ms.
My Lord, ^i^rrUhm's information, copies of several
'%.. 3._An Onlinance ^^Zi^^^^X^ "^""' """'"'
provisionforthea^tstanceofsKka^^^^^^^ J-^ ^^^ ^^^^^^^^ ^^ ^,,^
^°- '^-W- ^tr^UbUsSofregistry offices.
Province relatmg to the estaouBB 4. t intituled " An Act to regu-
No. 5.-An Ordinance to conUnue^r^-,A^^^^^
late the exercise of certain Rights of Le«o« ^ .^^.^^^^^
No. 6 -An Ordinance to contoue ^J^^J^f^^^ie Every of Wages due to
.. An Act to provide less «^^";7^3 n thU Province^
Seamen of Vessels belonging to or register^ „^i„t^ent of Commissioner, to
No. ,.-An Ordmance to^ud^on^ ^jEuTthis Province, for losses
investigate the claims^fc^n^/°y^^^^^
sustained during the late unnaiura mentioired, intituled.
No. 8.-An Ordinance to continue a cf^m Act rii^«^^ ^^^.^^ ^
" Xn Act for the TransportaUon «fjf '""NewsSwales or Van Diemeo:?
En^and. to be thence again transported to NewXrCtu
^^t' 9 -An Ordin«ice to continue a certain Act therein mentioned, relating
to protested bilU of exchange. ^ .^^^ ^^^ ^^ ^^^^^
No. 10- An Ordinance for '"Jf'f^gC or detaining in custody persons
suspected of high *«^?„^-. p^jposes therein mentioned.
nn^Twful asBembhes, and for -^"J^^ ^^ „f ,He monies in the
No. ii.-AB Ordina-cf authcjixj^ J^Se^f certain sums advanced from .
hands of the Receiver-general ot this provm
AFFAIRS OF LOWER CANADA, &c.
36
LOWWl
CANADA.
Enclosure 1, in No. 16.
Anno Primcl VictorivK Reginjb.
; No. l6.
/ Sir J. ColboriM to
' Lord Glenelg,
r' , A r> 30 April 1838.
l.ap. 3.— AN UBDINANCE to conUiiue a certain Att therein mentioned, making Proriaion
t'ur the Assiiitance of Sick and Indigent Emigrants. £ncl. 1, in No. iC
Wheiieas it is expedient to continue a certain Act of the Legislature of the province of
Lower Canada, passed in the second year of the reign of his late Majesty King William the
-Fourth, intituled, " An Act to create a Fund for defraying the Expense of providing Medical
Assistance for Sick EmigranU, and of enabling I ndigent Persons of tliat description to proceed
to the place of their destination," which was continued by the Act of the Legislature of the
.said province, made and passed in the sixth year of the reign of his said late Majesty King
William tlie Fourth, intituled, " An Act to continue for a limited time an Act passed in the
Second Year of his Majesty's reign, intituled, « An Act to create a Fund to defray the Expense
of jiroviding Medical Assistance for Sick Emigrants, and of enabling Indigent Persons of that
description to proceed to their place of destination,' " and which would otherwise expife on
the Ist day of May, in the year 1838 : Be it therefore ordained and enacted by his Excel-
lency the administrator of the government of this province, authorized to execute the com-
mission of the Governor thereof, with the advice and consent of the Special Council for the
affairs of the said province, constituted and assembled by virtue and nndef the authdrity of
hn Act of the Parliament of the United K ingdom of Great Briuip and Ireland, passed- in the
first year of the reign of Her present Majesty, intituled, " An Act to make Temporary Pro-
vision for the Government of Lower Capada," and it is hereby ordained and enacted by the
authority of the same, ihat the said Act of the Legislature of the said province, passed in the
second year of the rei^ of his late %je8ty King William the Fourth, intituled, " An Act
to create a Fund U) defray the Expense of providing Medical Assistance for Sick Emigrants,
and of enabling Indigent Persons of that description to proceed to their place of Destination,"
which would otheilwise expire on the 1st day of May now next ensuing, shall continue to be
in force until the If ( day of May in the year 1839, aod no longer.
* J.Colbone.
Ordained and enacted by the authority aforesaid, and passed in special council, under the
great seal of the province, at the Government-house, in the city of Montreal, the 26th day of
April, in the Am year of the reign of our Sovereign. I.ady Victoria, by the grace of God of
Great Britain and Ireland Queen, Defender of the Faith, and so forth, in the year of our
Lord 1838. '
By his Excellency's command, ^
Wm. B. Lindsay, Clerk Special Coun^'
intioned, relating
he suppression of
•ertain Acta of the
Enclosure 2, in No. 16.
Anno Primo Victori* REOiirit. « • ^
Cap. 4.— An Obuinancb to continue certain Acts of the L^islature of this Province,
relating to the Establishment of Registry OflSces.
Whereas it is expedient to continue acertain Act of the Legislature of the province of End 9 in No 16
Lower Canada, passed in the 11th year of, the teign of his late Majesty King George the
, Fourth, intituled, " An Act to establish Registry Offices in the Countites of Drummond,
Sherbrooke, Stanstead, SheflTord, and Missi8quoi,''iii so far as the same is now in force ; and
another Act of the same Legislature, made and passed in the first year of the reign of his late
Majesty King William the Fourth,i intituled, " An Act to amend an Act passed in tht
I Ith year of the reign of his late Majesty, intituled, ■ An Act to establish Registry Offices
in the Counties of Drummond, Sherbrooke, Stanstead, Shefford, and Missiaquoi,' and la
extend the Provisions of the said Act ; " and also another Act of the same Legislature, made
and passed in the fourth year of the reign of his late Majesty King William the Fourth,
intituled, " An Act to extend the Provisions of the Act to establish Registry Offices in the
(/ounties of Drummond, Sherbrooke, Stanstead, Shefford, and Missisquoi, to Lands held in
■ Free and Common Soecage in the C<(iinties of Two Mountains and Acadie," which would
otherwise expire on the Ist ^ay of May, in the year 1838 :
Be it therefore ordained and enacted by his Excellency the aAninistntor of the sovera-
ment of this province, authomed to execute the commission of the Governor theratn', with
t)ie advice and consent of the Special Council for the affidra of Lower Canada, constated
and assembled by virtue apd under the authority of an Act of the Parliament of the United
Kingdom of Great Britaift And Ireland, passed in the first year of the reign of Her present
Majesty, mtituled, " Ap Act to make temporary Provision for the Government of Lower
Canada;" and it is hereby ordained and enacted, by^e authority of the same, that the
said Act of the Lesialatum -of tita cuul niavituuii ii>i:ii>i<wl, <i As Act to establish Registrt^
ftheLegjslatHW-of tife said provinee, intituled,
Offices in the Counties of Drummond, sterbtuoke, Stanstead. She^rd, ahd Missisqvim," in
357i P 2 so
.T'.
36
. LOWER
CANABA.
CORRESPONDENCE RELATiyE TO THE
No. 1 6.
Sir J. Colborne to
tord Lowtber,
30 April 1838.
80 far as the same i» now unrenealc.i ami in force, and the said Act of the same Leeislaturc
of the sa.d Drovnice, n.t.tuled. " An Act to amend an Act passed in the nth yciir of the
rei^ of bM late Majesty .nt.tuled' An Act to estahlish Registry Offices in Ibi Counties
of Drummofld.Sherbrooke, btanstead, Sheflord, and M issisquoi/and tb extend the Provisions of
the said Act, save and except tile second section of the said last-mentioned Act : and also the
said Act of the same Legislature, intituled, " An Act to" extend the Prgvisions of the Act to
End. .. in No. .6. Z'Slv ^^""7 V "f i.",!.'" p°"""^^ n Drummond, Sherbrooke, Stanstead, Sheffori.
and Missisquoi, ta Lands held m Free and Comnjon Soccage In the Counties of Two Moun
tains and Acad.e,' whicb said Acts would otherwise expireon the Ist day of A&v now next
ensuing, shaH seve^llv continue to bo in force, until the 1st day of Noveibep. w4h will be
m the year c(f our Lord 1842, and no longer. - ' f . ' '^'«'^. wucn win De
.« IIT'^'^.k '"'y'' '!!"* °°,^"'^ '> u"* Act-contained, shallextend, or be conajfuea to extend
toconunue the second section of the said Act secondly above mentioned passed ar««V,r,
• said, in the fi™t year of his said late Majesty William th^ Fourth, which silfscTi. Si
18 in thewordsTollpwing, to wit, -^wnu b«,uoii
« And be it further enacted by the authority aforesaid, that every pen^jn owning or
clajming to own any landed or immoveable property whatsoever, situale within anv of tl>„
said countie? of Drummond, Sherbrooke. StansteVd. 'shefTord, and Mi2quoi by Virtue of
any Act or deed in law, or instrument in writing, executed before the paisinK-of the Ac
f m" "'^n ""'' '"»«n''ed. except the letters patent of his Majesty, shal^Tfore the iTt day
.^moveable property shall be situate, and every such legal instrument, which sha I not be
80 eme^stered, shaft be utterly void and of no effect vlaUoever against subi^urtpur-
^ftT^T/"; fy'J»»ble consideration." But that the said .section of tile sai^ Sim Jd
after tht Ist day of May next, shall expire and cease to have any force or effect what^v«.
J. Colbonu.
OrdainM and enacted by the authority aforesaid, and passed in Special Council, under the
great seal ot the province, at the Government-house, in the city of Montreal, the 26th day
ot Apnl, in the firet year of the reign of our Sovereign Lady Victoria, by the grace of God »f
Oreat Britain and IrelandXJueen, Defen^Jervof the Faith, and so forth, in Oie year of our
/ ^ •
By his Excellency's command.- n
H'm. B. Lindmy, Clerk Special Council.
FjicI. 3, in Ne. 16,
Enclosure 3, in No. 10.
Anno Primo VicTORi* Regin*.
Cap. 6.— An Ordinance to continue a certain Act, intituled, " An Act to regulate the
I Exercise of certain Rights of Lessors and Lessees." "
Whereas it is expedient to continue a certain Act of the Legislature. of the province of
Lower Canada, passed m the third year of the reign of his latelMajesty King \(^illiam the
Fourth, mtituled " An Act to regulate the Exercise of certain Rights of Lessors and Lessees "
which would otherwise expire on the 1st day of May, in the year 1838 : Be it therefore
ordained and enacted, by his Excellency the administrator of the government of this Dro-
vince, authonzed to execute the commission of the Governor thereof, with the advice and
consul of the Social Council for the affairs of the said province, constituted and assembled
by virtue aiid under the authonty of an Act passed by the Parliament of the United KiiWdom
of GrMt Bntain and Ireland, in the first year of the reign of Hef present Majesty, intituled
An Act to make temporary Provision for the Government of toWei' Canada" and it is
hereby ordamed and enacted, by the authority of the same, that the said Act of the Lejris-
hture of the said province passed In the thn-d year of the reign of his late Majesty ifinK
WiUiamthe Fourtt mtitulej, " An Act to regulate the Exercise of certain Righteof W«
and Lesseea which would othewvise expire on the Ist day of May now next ensuinTZjl
conhnue to be m force until the 1st day of May 1830, and no longer. ^^^'
.1 J. Colhonu.
ih?^T^ and enacted by the authority aforesaid, and passed in Special Council, under
the great seal of the province at the Government-house, In the city if Montreal, the MU.
day of Apnl. in the first year of the reign of our Sovereign Lady Victoria, bwthp «!«~ «f '
o7itS7«3a^r'''" "' '"'""' "^""^ ""''"'" of the^FaS,^K"f^rtt ?;«:>."; ;
By his Excellen^s command,
^ Wm.D. Lindsay, Clerk Special Council.
z'
THE
ct of the saron Legislature
ed in the llth yeiirof the
ry Offices in tblb Counties
to extend the Provisiong of
itioned Act ; and also the
e PrQvisionii of the Act to
>oke, Stanstead, Sheffbrd,
B, Counties of Two Mquii-.
Ist day of JVfcy now next
Nov5pibeF, which will be
or be consjyrued to extend,
mtioned, passed as afore-
rbicli said second section
every person owninj? or
aituate within any of the
Missisquoi, Ijy virtue of
the pa8sing~of the Act
shall, before the Ist day
ity in which such land or
ment, which shall not be
' againsi subsequent pur-
f the saijl Act, from and
rce or effect whatsoever.
J. Volbome.
lecial Council, under the
Montreal, the 2eth day
1, by the grace of God of
urtfi, in the' year of our
;icrk Sj)«ci«l Council.
\n Act to regulate the
iiture. of the province of
jesty King Williani the
)f Lessors and Lessees,"
r 1838 : Be it therefore
ovemment of this pro-
>f, with the advice and
istituted and assembled
of the United Kiiigdom
isent Majesty, intituled,
Vet Canada ; " and it is
B said Act of the Legis-
r his late Majesty King
srtain Rights of Lessors
now next ensuing, shall
J. Colborne,
Special Council, under
' of Montreal, the SOth
ictoria. bv the grace of
d'so fortn, in ute'year
erk Special Council.
AFFAIRS OF LOWER CANAIU. &c.
37
\
Enclosure 4, in No. lo.
Anno Primo Victobi* Reoik*. ,
''ZXvi'de lere'4,'eL'ive* nrnXX't ''''' '""TZ '"-""""'.Uituled, "An Act
beloijgu.g to, or registered iX Provinc^" '^^ "^ ^"^^ ^'"^ *»
"^■""^ 'p:,:Kt ':iT^:::^Jl^l^[^{^'\ I-5!?'«t"- <lf the province of
^ower Canada, pasn!^"' the sIxrlT %'=.«^''^. A^' "fthe I.egislature
Fourth, intituled « An Art .n I^ F . °^ "'" ""<^ »'"'"« lateTWajesty kin^ ^VillVn'T.ir"
to Seamen of V;ssers"bH: '-.Hrt r^rrr"","""^"'"'"- "'« '^oeovrlf^l^^^i'
**g,"'.n ''•%'-' ''»y"fMayWe;::rT«C'^i*'" ""^ '''""''-'" "hichVould oEwt
n>e,U of thirpSfiSdTettL^Sc^^""^
advice and consent of the Soecia r,.?.n ^l!^ u '^^S".''^'""" °^ the Governorihereof with thL
the Le^lature of the said province .LZ „ ,k • .u'^ °'^""' ««»>«, th»t thf said Act of
King William th« Fourth.'^ intUureJ ^. A,, a . f "'"' y^""" °^ *•** ^^ign of Hil late Maiestv
JhTr'^^l'Tr^''""' '^ S^a^^f vf olfbeloir;;''^ '"* ^^P^-""^^ U^s Trl^
wh^ would otherwise expire On the the fir». .1 .„ r '^M^ '"' "' "'g'^teied in tits Province "
to be in force until the firs^t da) o'fNov^S- 'a^.fa.;!!"™' ''"''^^' ¥' -"^-
Ordained and enacted hv I? .i ■ J\Colboriit.
% ''is Excellency's command, * '
^.B. Lindsay, Clerk Special (pouncil.
LOWER
CANADA.
No. i(i.
Sir J. Colborne
Lord Lowtlier,
30 April 1838.
End. 4, in Nff. 16;
to
End
osure 3, in No. 10.
^ Anno Primo Victorije Reoin«.
late unnatural UebelLi. . "' """ P'-''v">ce. f»r Lo,«s sustained duiing the
«««tained much losH"ai.d da-nage" by^L dt^fcinT^'r.h ^"^f "'•'=»bita..ts of this province
property and eHix-ts by the reb?ls7aU wheroa^i ? "^'^T' '^'^f"'"?'. buildings an/Xj
...quiry should be ma.le into the amotTntofSff ' ^T-'T' """ " diligent and impartial
his Excellency the administrator oTl.rveSnmcn't J .V '^'"'^"'" "''*'''"«' «"d ^ffiby
the dommission of the Governor thereol^bv H .1. L""* l"-°^'nce, authorized uiWcute
Council for the affairs of th<v.,aid pr^S^^ons^r; ^. ""I '"^'''*' ""'' ">"^"^ ofXSl!
theauthnntvnf ».. A„. ,,i-.iT.. ,"""-"' '^""^tituted and assen.l.l^l l.„ .,:... * "^ f l'«:'«l
End. 5, in No. 16.
of the san,,;vhati; ^hrira;;^;:;::^ b^'i^i » -ti"^"^ ^^^^^ "^^^y
great seal ofUiesaiJ province, to appoint threeT^- to^«ne, by commission under the
. And be it further ordained and eiiaetJ l.« .k «• .1 •
impartially, and truly execute the <rutv of.™!, ° ^ *''^" *"'^ knowledge, I will faithfullv
.eerum loyal inhabitJn.a „f Ti.:. .""'y "f «"pmmis»ioner for ascertaining S^-'- sustained b
So help me
impartially, and truly ex^u7eTe'"|„tv of cnt"' "'""^ 'H'^ ''"•^ knowMgeTF
.^erum loyal inhabitants of th s prt le ^ "-'^^7''^"' """"^^
God. province, during the late unnatural rebellion
And bo itfiirther gained and .n«n»-i 1... .u. ... ... /^
a! J . .. , _^, ° -aiurui reoenion. iSo he p me
And bo Itfiirther .Jitlained and enacted h» .). 4 .1. • '
te lawful tt» and forthe said (TmrnS^n^^.^^t^""'? "^V^^'^' *""" '' "'"'" and may
«^drequ.redu, examine upon oathalTSs whom [.. "^ H^^^^ authorised and empowrrS
directed
[
1 "l
^8
LOWER
CANADA.
No. l6.
Sir J Culborneto
Lord (ilenelg,
30 April 1 B38.
Eucl. i, in No. 16.
CORRESPONDENCE RELATIVE TO THE
directed aiid required personalty to attend the said commisgioners, at such time and place
as they shall appoint. .
And be it further ordained and enacted by the. authority aforesaid, that the said commis-
sioners be authorized, and they are hereby authorized, to meet and sit, from time to time, at
such place or places a^ the governor, or person administering the government of this province,
may direct, with or without adjournment, and to send their precept or precepts under their
hand and seal, for any person or persons whatsoever, and for such books, papers, writings, or
records, as they judge necessary for their information, or the execution or the powers vested
in the said corami8sioi)e{^^ this Act.
And be it further oi^opd and enacted by the authority aforesaid, that it shall and may
be lawful for the governor," or person administering the government of this province for tfaie
time being, by an instrument under his hand and seal at arms, to appoint a clerk and
messenger to the said commissioners, and the same from time to time to remove, and.othera
to appoint in their stead.
And be it further ordained and enacted by the authority aforesaid, that the said commis-
sioners shall, from time to time, at their discretion, or as oden as they shall be thereunto
required, and as soon as possible ai\er the determination of their examination and proceed-
ing* by virtue of this Act, and without any further requisition, furnish an account of their
proceedings in writing to the governor, or person administering the government of the said
province for the time being. ,
' And be it further ordained and enacted bv the authority aforesaid, that in case any person
or persons upon examination upon oath berore the said commissioners respectively as oefore
mentioned, snail wilfully and comiptly give false evidence, every such person so oflhading,
and being duly convicted thereof, snaU be, and is and are hereby declared to be subject and
liable to such pains and penalties, as by any law now in being person* convicted of wilfuf
and corrupt perjury are subject and liable.
And be it tiirther ordained and enacted by the authority aforesaid, that the clerk of the said
commissioners, shall and he is' hereby required faithfully to execute and perform the trust
in him reposed, without taking anything for such service, other than such salary and reward
as the governor, or person admimstering the government for the time being, shall think fit
to direct and appoint in that behalf, ^
' J. Colbome.
Ordained and enacted by the authority aforesaid, and passed in Special Council, under tlic
great seal of the province, at the Government-house, in the city of Montreal, the 26th day
of April, in tl|>LlKt year of the reign of our Sovereign Lady Victoria, by the Grace of God
of Great 'BritaHTand Ireland Queen, Defender of the Faith, and so forth, in the year of our
Lord 1838. \,
By his Excellency's command,
fV. B. Lindsay, Clerk Special Council.
Enclosure 0, in No. IG. *
Anno Primo VicTOBi* Reoin*;.
Cap. 8. — An Ordinance to continue a certain Act therein mentioned, intituled, " An Act
for the Transportation of certain Offenders from this Province to England, to be thence
again transported to New South Wales or Van Diemcn's Land."
Whbbbas it is expedient to continue a certain Act of the Le?l6i|ture of the province of
Lower Canada, passed in the sixth year of the reign of his late Majesty King William the
\ fourth, intituled, " An Act for the Transportation of certain Offenders from this Province to
(England, to be thence again transported to New South Wales or Van Diemen's Land,"
Which would otherwise expire on the 1st day pf May, in the year of our Lord I83B : Be it
therefore ordained and enacted, by his Excellency the administrator of the government of
this province, authorized to execute the commission of the Governor thereof, with the advice
and consent of the Special Council for the affairs of the said province, constituted and assem-
' ' 1 by virtue and under the authority of an Act of the Parliament of the United Kingdom of
at Britain and Ireland, passed in the first year of the reign of Her present Majesty, inti-
d, " An Act to make temporary Provision for the Government of Lower Canada;" and
t hereby ordained and enacted, by the authority of the same, that the said Act of the
jlslature of the said province, passed in the sixth year of the reign of his late Majesty
King^William the Fourth, intituled, " An Act for the Transportation of certain Offenders from
thisl^rovince to England, to be thence again transported to New South Wales or Van
Diemen's Land," whilUi would otherwise expire on the 1st day of May now next ensuing,
shall continue to be in force until the 1st day of Notember, which will be in the year of our
Lord 1043, and no longer.
J. Colbonu.
\ Ordained and enacted hy the authority aforesaid, and passed in Special Council, under
the grea't seal of the province, at the Govemraent-house, in the city or Montreal, the SSth •
day of April in the first year of the reign of our Sovereign Lady victoria, by the Once of
God of Great Britain and Ireland Queen, Defender of the Faith, and so forth, \j^ the yow of
our^'Lord 1838.
By his ExcelleiVcy's cotiiraaridr
W. B. Lindsay, Clerk Special Council.
HE
at such time nnd place
, that the said comrais-
t, from time to time, at
nment of this province,
or precepts under their
>ks,papeff, writings, or
>n 01 the powers vested
, that it shadl and may
of this province for tfa»
to appoint a clerk and
3 to remove, aud.others
, that the said commis-
hey shall be thereunto
unmation and proceed-
lish an account of their
government of the said
that in case any peraon
t respectively as Defore
ch person so offending,
lared to be subject and
on» convicted of wilfuf
lat the clerk of the said
! and perform the trust
luch salary and reward
>e being, shall think fit
' J. Colbome.
!cial Council, under the
Montreal, the j6th day
by the Grace of God
brtb, in the year of our
lerk Special Council.
w
i
'Y
AFFAIRS OF I.OWBft CANADA, «cc
Enclosure 7, in No. 15.
Anno Prinio VicToni« Regin;e.
39
I.OWBR
CANADA.
. f No. jG.
Sir J. Coltiorne to
Lord Glonelg,
„„._., 30 April 1838.
Lap. 0. — AM Ubdinance to contmue a certain Act therein mentioned^ relating to Protested — -
■\[ Bills of Exchange, End. 7, in No. 16,
I WHEBEAiNt is wfpcdient to continue a certain Act of the Legislature of the province of
ILower Canada,, nassoil in the third year of the reign of his late Majesty King William the
■ Fourth^ intituled, "An Act further to suspend certain parts of an Act or Ordinance therein
Imentioned, anfilo consolidate and further to continue for a limited time the Provisions of
|two ofher Acts thi;rein mentioned, for more effectually ascertftining the damages on Pro-
tested Bills of Exchange, and for determining Disputes relating thereto, and for other pur-
Iposes," which would otherwise expife on the 1st day of May ih the yeor of our Lord 1838 ; '
IBe It therefore ordained and enacted, by his Excellency the Administrator of the Government
[of this province, authorized to execute the commission of the Governor thereof, with the
f advice and consent of the Special Council for the affairs of the said province, constituted and
assembled by virtue and under the authority of an Act passed by the Parliament of tlie a
United Kingdom of Great Britain and Ireland, in the first year of the reign of Her present ^
Majesty, intituled, " An Act to make temporary Provision for the Government of Lower
, Canada," and it is hereby enacted and ordained by the authorityof the same, that the said
Act of the Legislatnre of the said province, passed in the third year of the reign of his late A
Majesty King William the fourth, intituled, "An Act further to suspend certain parts of an
Act or Ordinance therein mentioned, and, |o consolidate and further to conUnue for a limited
time the Provisions of two other Act* (herein mentioned, for more effectually ascertoining
^ *_j £"""?** °" Protested Bills of ExchanKe, and for determining Disputes rijating thereto,
land for other purposes ;" which would otherwise expire on the Ist day of May now next
lensuing, sh«II continue to be in fjrce until the 1st day of November 1842, and no longer.
■ ' 'J. Colbone.
?*? Ord«ii»edi and enacted by the authority aforesaid, and passed in Special Council, under the
rreai seal of the province, at the Oovemment-house, in the city of Montreal, the 2«th day bf r
■ V^^ D -1 ""'V?"' "*" *''* '^'S" "'"""^ Sovereign Lady Victoria, by the Grace of God of ' '
Oreat Bnta n and Ireland Queen, Defender of the Faith, and 10 fortli. in the year of our
lord 1838. I ■'
By his Excellency's command,
W. B. Lindtay, Clerk Special Council.
led, intituled, "An Act.
Erigland, to be thence
:ure of the province of
sty King William the
i from this Province to
Van Diemen's Land,"
our Lord 1838: Be it
r of the government of
icreof, with the advice
constituted and assem-
the United Kingdom of
E resent Majesty, inti-
ower Canada;" and
t the said Act of the
gn of his late Majesty
certain Offienden from
South Wales or Van
day now next ensuing,
1 be in the year of our
J. Co&onu.
Special Council, under
}f Montreal, the 38th -
itoria, by the Grace of
10 forth, 1}^ the y«at of
rk Special Council.
Enclosure 8, in No. 1«. -
Anno Primo Victobi£ Rkginjg.
Cap.lo.--AN Ohdinanck for indemnifying Persons wlro,8ince«lie 1st day of Octoberl837.
have acted m apprehending, impisoning, or detaining in Custody, Persons suspected of
High treason, or Treasonable Practices, and in the Suppression of Unlawful Assemblies.-
. and for other Purposes the'rein mentioned.
I m!!^."^^"*' \'**' """^ insurrection of certain subjects of Her Majesty, in the district of f„.i p „ v «
Montreal la (his province, with intent to subvert the Government and to plunder and ''' ^' " ^°' '^•
l«^nJ'VI?'P*'^ °»*^' loyal inhabitants has been happily subdued, but not until the
msurgente had committed acta of nnirder, robb«y and arson, and other offences, and had
•ccasioned much alarm for the peace and security of the province. And whereas imme-
amteiv belwe and durmg the said insurrection, and in consequence thereof, it became neces-
^Z.JaT'^ " "f* Pf"'' .»«'=«'" °f «»»•*«. and other ^rsons in authority in this pro-
vmce, and for divers loyal subjects of Her Majesty, to takeVil possible measures for appre-
hending securing, detainmgand bnngmg to justice persons charged or suspected of joimng
1^.^^ m^"' ^^^""''"^ ^ aletting the iame, or oflther treaiUble ptictice^
*tagerou8 to the peace of this province, and the security of ite govemmefct, an/ also for
~!n?^- '^*'***'"g ""'^ pnttmg down the said in8urr«:tion, %nd for maintuning the
FMceof this province, and secunng the hves and properties of the inhabitants thereof f and
hl»T!!? • T^'" ""*' Ty °/" ''""'* ^'^ «*"<="y '«ga' and <■»"»■•» but it is never-
h^lfJ A^J"^l^J *"* *" P?"*"" ^°^e "' "^''""g ^^ ""ne should be kept
S^«1."1'k"''''^J1PT* ."«=*|°"« «t •»'». w other p1t)c.^ings with which they
23Sl^r^^'liI![!!*^= Be It therefore ordered and ewcted, by his Excellency thi
tht n«t^ 1 P°T«""»«>t °f .*« province, authorited to execute the commission of
If .i2 I? ^••^'^*' '""' *•"* ■^'"=* ""• *=°"«"t of the Special Council for the affairs
Act ™«t^K'"?r"p' |:°"»*"»'^ ""t"?«r^''^ ^y "rt"*' "n** »"der the authoriW of the
t£^C^nfVhl ^"'•''"^^of the UnitedKingdomflf Great Britain and I«S «n the „— _-^
r«m year of the reign of her present Maje8(y, inti(uled " An Act to make temporary Pro-
3"' p 4 ynUm
LOWER
CANADA.
No. Ki.
Sir J. Colborn^ (p
Lord Oleoclg,
30 April 1838.
End. 8, in No. 16
40
CORREsrONDKN€E RELATIVE TO TUB
:;
ferred or exh.bucd. and all j«dg,„e,u th"«um>n obTninTT ' ''^""Sh'. •^"■"■"enced. pre.'
l>e. and all procoedinirs wlmt^oever ntr, 7 '^ "btnincd, i| „ny gucli there be or 8 nil
to be done, since the fst da^f Oc ober ^ th. v""""f '"''' '["^'"^ "' directed, op .dvL
conmntting, imprinoning. deL^Lg in c, ^todv or^^I^h °"' ^"^ '""' forapprehend^
h«th or have been imprisoned or^ rotnmod^; '«^^^^^^^^^ "' per«,n». wl'
treason, or treasonable practice, or forlmJLl^ '''«^'' "*"«'"■ 8"«picion of hiir,
-n custody any person oVr^'; who hattt^^^^^^
forhavmg been so tnmultuously, unlawfu Iv and «™-. ""P"'"'°'^V°' '*'''"'"«'' '" custody
»a.d. or for dispersing by force of anDsTnuL '™"°ro"8ly assembled In arms as aforp
. ".g the said tra^Uprou^s i-ur^'tronfrd dLSn^^Ti:^"' '''°"^''^- "' '"'" "pP--
treasonable.proceedings aforesaid, or for d isroverinf »n,? h^ "*>' "<?"""" "«> "'^er of t|„.
cerned therein, or for maintaining the d. hit ^ bnngmg to Justiee thepcnwns co
"ubjects in their persons and Z^rtl or £ir'w^^ ""i % "^curi'y of Her Es^l
of »h.s prorince Tgainst the Konlbr/ X rcTa„?o^'e<S°''"'T"' «"«! CoS?™
i .'iF^'' "':'• "'"•'« *"'<'• ""d that every Mr^on hv 1'^ "^V"'^'^''' «'"'» be dis-
shall have been done or commanded or7eK?m.L j any ""ch act. matter or thinL'
acquitted, discharge.! and indemnrfied ar^nlf ^^ or advised to be done. shaH bfe W
'-'^^^^y^"^^^'^^^ aforesaid, that .f any action
evidence, and if thTJLSor pla^n?rft s a'fi V"'' ^'^ ""'^ ^''""'^ "'« "PecafnLt^^
or suffer discontinuance in a^y Wh aclioSttii'TrT''"'''^/''^''?" '"""^^ proZutU!
pronounced or rendered against the nlaintUT L ' . i' « ."'"^'ct shall pass, or j udgnient k
therein shall be entitled tfdollfcoSrfJ whgrhf^r'hT^'^f .'^^^^^^^^ °^ -^^'"""-^
And'hfrr' wr'''*Jl '="^'« ''y '""^ aregTven to defendants^ '"'* *••" "^^ "'""^y ««
2.'i;S;r^'i;r^^Srd^ii"».^^^^^^
-uch acUon, suit, ifdictS^formatS S,Son o ""' '^''^'"^'^' °' defendaLu fn ^
apply by^motion. petition or otherwi^ toX CourUn «)^T^"'«- "l ^°' ""'y "^ '»««>. ^
brought, commence, preferred, exh* ted or had ^r TJli^ 'J"* '"T '"*"' been orslal be
be s.tt>nc, and if not sitting, then Tany L of V^^ ^ependrng, if such Court shSj
-tay all further proceeding^ m ruch act"o'^> Tuit in 1; .^ ''f ' r J""'"^^*"" "'" ""^h court, to
ceed.ng ; and such Courtfand any judge "or TuM^thZf '"f"™"'"". Prosecution or pro^
be sittmg, ,s hereby authorized ani l^ui^ t!. p„ '^''.k"'"'" "•* ^'d ^ourt shall nof
and upon prtx,f by U.e oath or affida^t of th^ -^ °* ""* ""'"'' "^ ■"«=»• «J>plicatiSn
cation, or any of them, or other proof „the*atEL''If'^T^'"'^'''8 »"«='• appl^r.'
that such acUoD, suit, indictment, infonnation n,~!! ?■ '"'='' *^""*' ^"dge or /Jstice
fenced, preferred, exhibited or hkdTror oi E"t''°r'" P'^'t''"'g « b^ht. com:
action '"*>''•• '."• ""^« •« 0"«" fo>- "tayinK execution and ^"^^^ ""'' "a'ter or thing
action, smt, indictment, information, prtWcul^ror n J^- ' "''"'li P'«=«ding8 in sucE
ahall or may then be. and the Court «pTh» 1 !i Pfoceeding, m whatever state the sain»
proceedings, in any action o^\u^?T'^kr^L^tfnZr'^'' "^'''"? ^"x^'' order for suTof
aiit., and he or they shall have or b^^n/ifl'<^. j*"^^?'^" ""'""'e defendant or defend
K^ »>«d r r'^'" - '" -y »"ch^acuon*'of s dt 'Ar'' *:«' '" T" f--^tt
^>^t''deTn^dir''''«^''>»^''>-»''e.i^
f^i^''4S£^JX^t::Z't\J^S^ ^ - P«— . ««;„« » party or
aipplv by motion, petition or othc^^^f„"a' rum^,^"^' P'^*'^"''^; »' other pToceS to
•f- Colborne.
TO TUB
by ordiiineU und enacted, tfiaf
^rctofore brought, commenced
l<!r hroiight, commenced, pre."
If »ny mich there bo or «lmll
oersong, (or or on account of
ordered or directed, or adviHcl
Lord 1837, for apprehendinc
. any person or iwreons, wIh!
ijh treason, suspicion of hii-li
Ung, imprisoning or detaining
Boned or detained in custodJ'
assembled in arms as aforo-
as aforesaid, or for suppress-
l>ng agauist any other of tl,n
nglojustieethepcrtonscon-
; security of Her Majesty's
ovemment and Constitution
lings aforesaid, shall he dis-
y such act. matter or thin.r
d to be done, shajl be freed
*" ■ Majesty, hfir lfei»'<and
Jforesaid. that if any action
any Court of this province
ct, matter or thing as afot«-'
:t and tlie special matter in
forbear further prosecution,
• L J J^'^^' *"■ J "dgment b«
the defendant or defendants
all have the like remedy as
aid, that if any action, suit
jht, commenced, preferred,'
■ or on account of any such
ndant or defendanU in any
'Dg, or for any of them, to
same hath been orslull be
ending, if such Court shall
justices of such court, to
ination, prosecution or pro-
I the said Court shall not
latter of such application,
ms making such applica-
h Court, judge or justice,
needing is brought, com-
luch act, matter or thing
ither proceedings in such
n whatever state the same
ng such order for stay of
the defendant or defend-
er all such proceedings a«
ms' this ordinance, and
Where costs are by law'
srsons, being a party or
n or other proceeding, to
Court m which the 2une
•r shall be depending, to
ustice of tUt CouriC for
ach application be made
t ensuing the making of
t !• required to exunin^
the application had been
le, and tintil such appli-
shall think fit (o vacate
jusUce as aforesaid, the'
er.
aid, Uiat all and every
3 or tliej shall not have
' nave been legally dis-
•/• CulboTne.
AFFAIRS OF LOWER CANADA, «cc. 41
- , , ■''' ^ LOWER
Ordained and enacted by the authority aforesaid, niid passed in Special Council, under CANADA.
i great seal of the province, at the Government House, in trhe City of Montreal, the No. 16.
h day of April, in the first year of the feign of our Sovcreicn Lady Victoria, by the grace — — ' '
lOod of Great Britain and Ireland Queen, Defender of the Foith, and so forth, in the Sir J. Colboms to
rof our Lord IB3H. . Lord Glenelg, .
By his Excellency's command, ?
W. D. Lindsay, Clerk Special Council.
Enclosure 0, in No. 10.
Anno Primo Victoria: Regin^e.
[Cap. 11.— An Ordinance authorizing the Repayment, out of the Monies in the hands
of the Receiver-General of tliis Province, of certain Sums advanced from the Imperial
^C Treasury,
/; J Whereas bv a certain Act passed by the Parliament of the United Kingdom of Great End
Sntain and. Ireland, in the first year of the reign of Her present Majesty, intituled, " An ' •
Act to make temporary provision for the Government of Lower Canada," it was enacted
that it should be lawful for Her Majesty, by any commission or commissions to be from time
tl> time issued, in the manner therein provided, to constitute a special council for Uie affairs
■M Lower Canada ; and that from and after the proclamation of the said Act in the Province
p^ Lower Canada, it should be lawful for the administrator of the government of this pro-
;.tjbce authorized to execute the commission of the governor theredf, with the advice and
■ «ionsent of a mtuority of the said Council, to make such laws or ordinances for the peace,
relfere, and good government of the said Province of Lower Canada, as tlje Legislature of /
■ower Canada, as constituted at the time of passing the said Act, was empowered to make,
id whereas it was Mso further enacted, that it should not be lawful by any such law or
„ Jinance to aDproprilte any monies which at the time of the passing the said Act were
ff which should thereafter be. in the hands of the Receiver-general of the said Province of
'^wer Canada, towards the repayment of any sum of sums of money which shall have been
lued out of the suitt of 143,100/. 14». ad., granted to His Majesty by a certain Aqt of the
irliament of the said United Kingdom, for advances on account of charge* for the admi-
itration of justice, and of the civil government of the Province of Lower Canada, unless ~
on a certificate from three or more of the Commissioners of Her Majesty's Treasury, set-
' fortb the several sums which shall have been so advanced for any of the purposes afore-
; And whereas it appear^ by a certificate isSued irt conformity with the said Act and
. inng date at the Treasury Chambers at Whitehall, the 13th day of February inlhe pre-
rint vear, that several sums, amounting in all to 100,107/. 9«. sterling, had been advanced
[y Her Majesty's commands, out of the said grant of 142,160/. 14». Qd., on account of
he charge for the administration of justice, and of the civil government of the said province,
ind whereas it is expedient, that provision should be made for the repayment thereof- Be
. therefore enacted, b^ his Excellency the Administrator of the Government of this Province
lUthonze^ to execute the Commission of the Governor thereof, with the advice aniconsent
pf the Speflial Council for the afiairs of Lower Canada, constituted and assembled by virtue
jnd under the authority of the before-mentioned Act of the Parliament of the United
>Kmgdoin,of Great Britain and Ireland, intituled, "An Act to make temporary projiaipn
for the Government of Lower Canada," and it is hereby enacted by the authority of tKe '-
jaame, that it shall and may be lawful for the Governor, Lieutenant-governor, or person admi- "^
nistering the Government of this province, by a warrant or warrants under his hand, from
time to time or at any one t^me to authorize and direct the issue and payment, for the dis- '
charge and repayment of the advances aforesaid, to such person or persons as may be named
m the said warranU, out of any monies in the hands of the Receiver-general not otherwise
specially appropriated, and with preference to all other expenditure whatever, of such sum
or sums as shall m the whole be equivalent, at the current rate or rates of exchange for
bills on Her Majesty a Treasury in London which shall prevail in this province at the time
or times of payment, to the before-mentioned sum of 100,107/. »$. sterling
And be It further enacted, by the authority aforesaid, that the s&id w^nt v warrant*
with the receipt or receipU of the party or parties named therein, shall constitute and be a
suflicient authority and acquittance for the payment by the said Receiver-general of the sum
or sums therem specified ; and the said Receiver-general shall be allowed credit for the same
m his accounts accordingly. ^w ^ ^^
J. Colbonu.
Ordained and enacted by the authority aforesaid, and passed in Special Council under the
great s«il of the province, at the Government-house in the city of TWontreal, the SBth day
oe Apn , in the first year of the reign of our Sovereign Lady Victoria, by the grace of God
lis ma ^"**"' •**' "' ""' ^»"^' •"«*, ■«> forth, 'n th^year of ow
By U» Excellency'* command,
<,'^>r. B. Undtay, Clerk Special Council.
in Ko. If
357-
%
&^'^
LOWEn
CANADA.
Wr J. ColborM to
Lord OlMMlg.
30 April 183S.
49
CORRESPONDENCE REMTIVB TO THE ,
End. 10, io No. 16
Encl. u.inNo. iC,
Enclosure 10, in No. to.
Anno Primo VicToni* Rkoin*
uZ ,1 "" ^y "'■'^f'"'' ^^'""^l' w«i^n the v'eSrof .L " "i'"""'"'^"''"" "^ J»Ht.co there,;
1«30; 11,. ,t therefor, ordaincl .indXacted lTih^!Z -"} '""' '" "'« "Ol'' <i''y oC A, ' '
provnce, authorize,! to execute the SiSof ^^ O '""'*""'"u"'""'"' «<'venunent of,;
consent of the S,H-c.al Council lor tl^ affahi^ H^. v""'""" """""'i «*»'« the«dvice al
by virtue and under the authorUy Tf^arAct of h P r''"*^'''™'''''''^^^
Great Bntain, arid Ireland, p^.JJ °„ 'hfe fir./ P'/l't™*'" of the United Kincdom '
jnmu ed. " An Act to mak/Tei^ri Pr"r.onr°L r '"''^ "'' "«' P"«-'t VaSo" :
«nd ,t .8 hereby o,daine<l and cnicted7b7"hTrthnr^»!^ f .r"""'*"' "^ '^"" Xanadu
the unappropnated monie. which now are 'or l^t^^ "'a^* *•■"•' *''•' fr"'" »"<« out
Receiver-general of th.a province fo°tl,eUm^K..K'"^'*^' «»""' '""o ""e han,l» of L
defraying the expenseH oFthe^dnSi f^ rofe.LrH*'';h'' "" »^"* ^ «PP'ied tow.S
ment of th.. province, incurred from the iTt dav AnnT i^a, ?' f "Pport of the civil .rovers
„ . "Z^. Colbonte.
gm,t scaToflhe prSo!'at\''he7w^I'''^."?f '*'' ""'' ?"»««* '" SF^ia' Council under th,
of Great^Bntain and Ire.nd Q-rDefende^Tfr,il^LrLttu?^^^^^^^^^^
By his Excellency's command,-'
W. B. Lindsay,
Clerk Special Council.
Enclosure 11, in No. 16.
^nno Primo Vi ctori^ Rboinju.
Of this province heffClnrtS"
^ncy t*.e Administrator of the Govfm'mSt of fhT P"*'"""' »"<» en«eted, by his ExceK
migsion of the Governor thereof with th! nV • P^^n^e authorized to execute the com
of r/S'^ J»id Fovince,^n;tuSei^Vd ''^rbi^T""' °^ *'"' «'"'=''" Counc I for th
an Act of the Parliament of the UnU^RinirdoZf^ /p"'?"" """^ ""•^« *''« authority ^
.^™ r!:^''*^'^ •*'«" °f Her pre«>nt Majesty in^it„i2i^.'A^"^"' ""«* '"''»"'>, passed in^the i
•«oii for the Government of Lower Canadn >' 1».^ ". • V^? ^'^ *" ""''e Temporirv Provi-
"^t tie* tK-'r' *"? " "SS^f thrlil&f °;f "-^, "«« onrctedTbyThc
{^iJr. **"""' year of the reign of his said In^M " ."^c-*''^ 'i^"' Pro'^nce, made and
tailed the Infenor Distr rt nf 4i>:..< c '^- """^ ""entioned into an Inferior nia»n«» »_ l.
and a certain otherTct f the same Wisi:;""'' *^ T^^'^ Courts of JuXafurthei^n -
I turthcr Provision for the due Adroinistm(l,.n „f 1 . "'^''"^'"""re there n.' and to make "
to
My
i TO THE^,
'yi"B the Civil F.xpenditdrp,,
I 1037 U) the lOlh Juyof A|,r
ilefrayinK the cxpcn.cs of II,
Imiumtration of juntico therrn
ma?, to the loth (lay of Ani
rator of the Ooveniincnt of tV
lor thereof, with the advice m
nce.coijgtitoted and usHenihIr
intof the United Kingdom,,
•^ipi of Her pregent Majestv ■
ivernmcnt of Lower Canadii
le game, that from and out o
r <»me, into the hands of th,
II be paid and applied towani,
e gupport of the civil .rovers
J the loth day of Aprii 1838
e lumi which may be in the
, at the digposal of the Crown
«<ling 47,344 /. 14,. 7rf. gter
APPAIRS OF LOWER CANADA, kc.
1
43
LOWER
Canada.
No. id.
■ H
lltabliih CireuiU thereini^^and to extend the bcncfiU of Tnal by Jury to the laid Inferior
»r.c^;" and «l«, a certain other Act ofthcKame Legiglature/madr.nd pl^^ „ the
IpreHcnt time and ghall Ik;, continue, and remain in full force and virtm nniil .h„ . 7^
fovember, which will b« m the year of our Lord 1042. ^^ *"' ''"^
./. Colbome.
Sanlf ".it! n"""**** ''^'I'." ^'^""'y "'■"T"'*'' "'"^ r*"^"' '" Sl'^'cial Council, under the
I Real ot the province, at the Govemment-houge, in the city of Montreal the 2m H» J „f
•il. m the firgt year of .he reign of our Soverei^rn L.dy Victoria rthe Omc.^ V'^J f
By hig Excellency'g command,
W. B. Lindmy, Clerk Special Council.
(No. 40.)
■No. 17. —
Jresaid, that the due applica-
itcd for to Her Majegty, h«
r Majegty'g Treagury for thr
heirs and succeggors, shall
J- Colbome.
in Special Council, under tht
ty of Montreal, the 28th day
ctona, bv the Grace of God
i so forth, in the year of our
^. B. Lindtay,
Clerk Special Council.
in Acts of the Legislature
t rrancis.
iral Acts of the Legislature
»nd enacted, by his Excel-
onzed to execute the com-
he Special Council for the
and under the authority of
and Ireland, panged in the
to make Temporary Provi-
ained and enacted, by the
! said province, made and
? George the Fourth, inti-
an Inferior District, to be
'» of Judicature therein ;"
I m the nth year of the
ict to continue further, for
^'« reign, intituled, ' An
Distnct, to be called the
are therein.' aod to make
Inferior District ;" and
second year of the reign
» make better provisions
latrict of " ■ "
No. 17.
Sir J. Colbome l«
Lord Glenelg,
7 May iSn8.
No. 14 to 'i6.
l-ncios
iure, \
0. I.
„:^py of a DESPATCH from Licutcnant-General Sir John Colbome o c n
V» to Lord Glenelg. .....
«r My Lord, Government House. Montreal.
■*», , , ' May 18.18.
^HAVE the honour to trausmit, for vour information, printed copies of tho
•i««n.l ord,„a„ce« passed by the S,H3ciaI Cotmcil for the affair^ of L^SrCaLdu
icH,uently to those re,K,rted in my degjmtch of the 30th ultiulo, Nrsfl
.ordinance to incorporate certoin porso,,* therein uameil. under the nam.-
'The President. Directors, and riflnflkny of the Bank of Montreal "
In ordinance to appropriate sums of money tJiereiii mentiouwl to th,. .„„ c
^ement of education iu this province. mentioned to tlie cncou- End^^^^^.^ ;
^ordinance to appr.mriate certain sums of money therein mentioned to the v , ^'^
>port of certain cliantalle institutions, and for other purposes -^^=^^. A'o^^^
.^:^^1=^>^ mentioned for the .^^^„ ^J
lAn owUnance for the more speedy attainder of persons indict.>d for hish trea p , ^^ :
An ordinance for preventing the mischiefs arising from the printing and nubi ^
teS^q^.'"^'''^^' ^"'^ P-P^-of alikefature. by pETnTklCn) ^"^"1-. ^■^,^
[An ordinance to^
^ioaersforUie er.-HS^^JSr^l,trettSt/£ ^-^Ko.s^
prSXr?r^ '"' the better defence of this province, and to regu- ^^^^
fctr'n^r**"""'' *•'" i«™™««o°er8 appointed under, a certain Act of e„^
LeT toT annU^' Ttl""^ *''''''" mentioned, to bon«w a further su^ S ^^^^2i2f^
^nrowir^ t ''"^"'il' the incorporated and chartered, and other Banks in £„ ,
^provmce,to,u8pend the redcm pUon of their not., in ,p«.j,, forn liniiVd ^'*"''-
3^7.
o 3
An
jl
s#'
u *-
44
CORRESPONDENCE RELATIVE TO THE
.Vo.^i. An orJinancc to enable the proprietors or shareholders of a company, called
the "Bank of British North America," to sue and be used, in the name of any
one or more of its local directors or managers for the time being, and for other
purposes therein mentioned. '
An ordinance to make provision for the survey of Lake Saint Peter.
I have, &c.
(signed) J. Colborne.
Encl. I, in No. 17.
y^
/
Enclosure 1, in No. 17. «
Anno Primo Victorik Reoin*.
Cap, 14. — An Ordinance to Incorporate certain Persons therein named, ynder the name ci
" The President, Directors, and Company of the Bank of Montreal."
Whereas under and by virtue of an Act of the Parliament of the province of Lown
Canada, passed in the Ist year of the reign of Hig Majesty King George the Fpurtli ui
blessed memory, intituled, " An Act for incorporating certain Persons therein named, undu
the name of the President, Directors, and Company of the Bank of Montreal," the person-
therein named, and their several and respective heirs, executors, curators, administrator-,
successors, and assigns were duly ordained, constituted, and declared to be a corporation,
body corporate and politic, by the said name of " The President, Directors, and Compani
of the Bank of Montreal," which Act was subsequently amended and continued by anbthei
Act of the said Parliament, passed in the 10th and 11th years of the reign ol his\saio
Majesty King George the Fourth ; and whereas, by the effluxion of the time limited by tik
said Acts, the said corporation ceased to ej^ist on the 1st day of June last; and wheKa^
certain persons hereinafter named have by their petition represented, that on the said \lc.
day' of June last, they and^Jivers other j)ersorf8 had associated themselves together for k
purposes of assuming and carrying op the business of banking h«retofore earned on by tli
saicl corporation, and for the said purposes had subscribed a capital of 500,000 /. currency J,
the said province, whereof 300,n00 1. \ actually paid in, and thereupon prayed for the enacl\
ment of an ordinance to incorporate; them ; and whereas there is reason to believe that tkl
encouragement of an institutiqn, es|0)lighed for the purposes aforesaid, will tend much to tb '
loyal relief and benefit of all^r Majesty '# subjects in the said province:
Be it therefore ordaincdsBM^nacted by his Excellency the Administrator of the Govenv
ment 6f this pMvincei a^omed to execute the commission of the Governor thereof, by am
with the advice and cmsent of the Special Council for the affairs of the said province
Lower Canada, con^titlited and assembled by virtue of and under the authority ot an Act c
the Parliament of dji^nited Kingdom of Great Britain and Ireland, passed in the 1st yeai'
of the reign of Hrf^lfesent Majesty, intituled, " An Act to make Temporary Provision fv
the Govemment^^(Lower Canadfa ; and it is hereby ordained, and enacted by the authoriK
of the same, that the Honourable Peter M'Gill ana Joseph Masson, Thomas Brown Ander-
son, Charle8;.£rookc, John Jamieson, James Logan, John Molson, Joseph Shuter, Join
Redpath, Johh Torrance, WilUam Lunn, and John M'Pherson, all of the city of Montrea. .
in the said province, esquires, and such other persons as now are holders of the stock of tk
asKociatf^l^ now carrying on banking business at the said city of Montreal under the nam
and finflpf " The President, Directors, and Company of the Bank of Montreal," and tlier
several nhd respective hell's, executors, curators, administrators, successors, and assigns shol '
be and are hereby ordained, constituted, and declared to be a corporatioi^ body corporate anf;-
politic, by the naific of " The President, Directors, and Company of thei Bank of Montreal,'
and e^hall so continue and have succession till the Ist day of November, which will be in tit
year, of our Lord 1842 ; and shall and may by the said name be persons able and capabli'^
in I((w to sue, be sued, implead and be impleaded, answer and be answered, defend and brl
defended, in all courts and places whatsoever ; and shall also be able and capable in law \%
purchase, acquire, hold, and enjoy, and retain to them and their successors lands and teiirl
ments. real or immoveable estate, for the convenient conduct and management of the busr'i
ness of the said bank, not exceeding the yearly value of 1,800/., current money of this pn-J
vince, and for no other purpose; and may sell, alienate, and dispose of such lands, teuemenli\|
real or immoveable estate, and purchase and acquire others in their stead for the same puf-f
pose, ntft exceeding the yearly value aforesaid ; and may have a common seal, and niar|
change and alter the same at their pleasure ; and may also from time to time, at any genenl
meeting of the stockholders called for that purpose, or at any general annual meeting of tM
■aid stockholders, ordain, establish, and put m execution such bye-laws, ordinances, anti
regulations (the same not being contrary to the present ordinance, or to any laws in force iti|
this province,) as may appear to them necessary or expedient for the management of the sa> '
bank, ond may from time to time alter and repeal the same, or any of them ; and the iax'
bye-laws, ordinances, and regulations shall be made by the directors already appointed,
tvlio stty^ ncrcaiwr bo appomtisu^ and afunv'utt stnMstttCu tti tlttStockJioluersrot Tfto uuu ats ,
for their approval and confirmation at a general meeting called for that purpose, to be hel^ \
in the manner hereinafter mentioned, or at any general annual meeting ; provided alwir^
tb:
vm.
rO THE
lers of a company, called
used, in the name of any
ime being, and for other
ic Saint Peter.
I have, &c.
igned) J. Colborne.
AFFAIRS OF LOWER CANADA, &c.
45
sin named, ynder the name u
mk of Montreal."
nt of the province of Lown
King George the Fourth n,
Persons therein named, undu
rxk of Montreal," the person'
)r«, curators, administrato^.
declared to be a corpolfatioa
nt, Directors, and Coiiipant
led and continued by anbthe:
ars of the reign of hislsait
3n of the time limited by tht
<j of June last ; and whetea'
■esented, that on the 8aid\l>;
id themselves together for
; hsretofore earned on by tl
pital of 500,000 /. currency
ereupon prayed for the enaci^
is reason to believe that th-
>resaid, will tend much to tb-
province :
Administrator of the Govern
the Governor thereof, by nno
iairs of the said province o
ler the authority ot an Act u
eland, passed in the 1st ycai'
ake Temporary Provision k
uid enacted by the authoriK
sson, Thomas Brown Andct
olsoD, Joseph Shuter, Job
, all of the city of Montrea.
re holders of the stock of tk
of Montreal under the nam
lank of Montreal," and tlier
successors, and assigns shal 'j
rporatioi^ body corporate ad
»y of theiBank of MonlrealJ
tvember, whieh will be in tk
be persons able and capabP^
be answered, defend and k
ic able and capable in law t,.
jr successors lands and tew'l
ind management of the biu)
., current money of this pro'^
•ose of such lands, teuementil
their stead for the same put-
ive a common seal, and mi)'
\ time to time, at any genei
eneral annual meeting of tbl
h bye-laws, ordinances, ai
:e, or to any laws in force t)
If the management of the ui
r any of them ; and the iiu
rectors already appointed, a
i t ockiiolucTs^ OT HicmQ
for timt purpose, to be hek
>l meeting ; provided alwiv
tb
[latsix weeks' public notice shall have been previously given of the intention of the directors
I submit such bye-laws, ordinances,, and regulations for approval and confirmation, or for
^vision ; and the said corporation shall and inay do and execute by the name aforesaid all
od singular other the matters and things touching the management of the business of the
aid corporation which to them shall or may appertain to do, subject "nevertheless to the
ules, regulations) limitations, and provisions heremafter prescribed and established.
And be it further ordained and enacted, by the authority aforesaid, that the capital stock
bf the said bank of Montreal, hereby incorporated and established, shall not exceed the sum
|>f 500,000 /., current money aforesaid, divided into 10,000 shares of 50 /. each ; which shares
ihall be, and the same are hereby vested in the said several persons hereinbefore named,
heir successors and assigns, according to the shares and interest which they may respec-
ively have subscribed, purehased, or acquired, and may now have in the same ; and that
uch part of the said sum of 500,000/. as may not yet have been paid in, shall be paid by
^e stockholders respectively by whom the same is due, by ins^^tlments not exceeding 10
_ er centum on the capital stock of each stockholder, at such time and times and place as
)^^he directors of the said bank at Montreal shall appoint, after notice of not less than 30 days
,'§'' in this behalf to be previously given, in one or more of the public newspapers published at
.'"f the said city of Montreal ; and all executors, curators, and administrators who shall pay
'up the instalments due by the estate or succession which they respectively represent, in
obedience to any call made for that purpose in the manner aforesaid, shall be, and th^y are
llereby respectively indemnified.
. And be it further ordained and enacted, by the authority aforesaid, that for the manage-
iBent of the affairs W the said corporation, there shall be 13 directors who shall be annually
,'|tlected by the proprietors of the capital stock of the said bank, at a general meeting of
^^em to he annually held on the first Monday of June; the first whereof shall be held on
'TJlie first Monday or June now next ensuing ; at which annual meeting the said stockholders
%hall vote according to the rule hej|%inafler established as to the manner of voting at general
'meetings ; and the directors so chosen by a majority, in conformity to such rule, shall be
Capable of serving as directors for the then next ensuing 12 months, mitess removed for mal-
idministration before that period by the stockholders at a general meeting to be held by
;hem, or unless suspended as hereinafter provided ; and at their Jjfst meeting after such
^ilection they shall choose out of their number a president and vice-president, who shall
4old their offices respectively during the same period for which the said directors shall
fcaile been elected as aforesaid ; and it shall be lawful for the said directors, from time to
lime, in case of the death, resignation, absence from tlie province, or removal of the persons
: 3^ chosen to be president and vice-president, or either of them, to choose in their or his
pad, from among them, the said directors, another person or persons to be president and
lice-president respectively; and in case of the death, resignation, absence from the
fcrovince for three months at a time, or the removal of the director by the^ stockholdere
IS aforesaid, his place, in case of such removal, shall be filled up by the said stock-
holders at any one of their general meetings, and in the other cases last mentioned by the
femaining directors, or a majority "f *'>«'" ! ^nd the person so appointed, in the place and
Jtead of such director, shall serve till the next general meeting for the election of the
Jirectors ; arid in the event of any temporary absence of the president of the said bank,
vhether occasioned by sickness or otherwise, the remaining directors of the said bank
nay, by a vote duly recorded hi the register of their proceedings, devolve upon the vice-
president of the said bank, during the continuance of su<Ak. temporary absence, all the
duties of the said president; and in the event of the unavoidable absence of" both the
president and vice-president at any board of the said directors held for the transaction of
business, the said directors when assembled shall appoint one of themselves to supply the
places of such president or vice-president, and the director so appointed shall vote as
la director at the board, and ifthere be an equal division on any question shall have a cast-
ling vote.
Provided always, and it is hereby expressly ordained and enacted, that no stockholder
vho shall not be a natural-born subject of Her Majesty, or a subject of Her Majesty
naturalized by Act of the British Pailiament, or a subject of Her Majesty by the effect of
Ithe conquest and cession of this province, or wh<f shall be a subject of any foreign prince or
r state, shall either in person or by proxy vot^ for the election of any director to be elected
Sin the manner hereinbefore directed, or shall I vote at any meeting of the said stockholders
[for the purpose of ordaining, establishing, orsputtine in execution any bye-laws, ordinances,
tor regulations to be made under the authority of this ordinance, or shall assist in the call-
jing of any meeting of such stockholders, or shall vote for any other purn
rwhatsoever hereinbefore authorized, anything hereinbefore contained to tlv
and enacted, by the authority aforesaid, that the aforesaid
Thomas Brown Anderson, Charles Brooke, John Jamieson,
Joseph Shuter, John Redpath, John Torrance, William Lunn,
and continue directors, president and vice-president of the
LOWER
CANADA. •
N^T;.
Sir J. Colborne to
Lord Glenelg,
7 May 1838.
End. T, in No. 17.
, irpose or purposes
, . , ,. , uything hereinbefore contained to the contrary not-
Iwitlistandmg. '
\ And be it iVirther ordaini
j Peter M'Gill, Joseph Masso^
I James Logan, John Molson,
land John nl'Pherson, shall hi
Isaid corporation, until the firrt Monday of June next.'bleing the day hereinfcfore appointed ^'
Itor the annual ele<;tion of directors of the said corporation; provided always, that in case "
|of death, resignation, or absenk^ from the province of any of the said directors so appointed
] ^°"^'""» " ^office as aforesaid, it slutll be lawful for the remaining directors, or w majority
t them, to ItltTjp the vacancji or vacancies, and the said director or directors so appointed
|to be and oootmue in office uiktil the first Monday in June next, shall have the same power
357' 103 aa
aviia.
¥ «
46
CORRESPONDENCI
IlELATIVE TO THE
herembcfore given to'the directors toK„Vt'^ST ^r** ^' P«"H thaU
a^ aforesaid; provided^always. that the naid d^^t^ &f » f ^"' "^^ ■"""">' ""^""g
A'.'r,r .''r'=^'" "'""^ «"•'' »«■''', aet us p? vll^„te" ' """^ "** f*""^ "f thou
,,^|;...he.t rather orda..,ed a,d,„aet.d h^ the aS^-afor^^,. that T at an, tin.,.
LOWEli
CANADA.
Sir J. Colbome tn
Lord Glenelg,
7 *Iay 1838^
■■■■■■ "" '* •"•"'" oruaineu ana enacted.
End. 1, in No. 17. f'"" ''appen that an election of directors shali not be made'nr f»L ""i- " ""^ ""'« «
them as shall be nocessaiy for conducting tRusiness oS^„it''''' *"'' '^"■""^ ""^cr
them such Aoinpensation for their services resWUvelv L it nl '=°'P«™';°n. and to allow
sident or vice-president of the same! for the Ltr lLi„„ ' . ? ofprocess, upon the pre-
Bhall, to al intents and purposes. b^TuE&^^J th^ *''' .T\°*' '''«^»'d bi-k,
apiJcar, an.l to plead to'such su t or suits T law 3L ^'^ ''*"'' "' '"'poration t^
trary ,„ ^,y^,^ „otwtl»tandi„g ; and all tnd ^'ve^^siir'or'*^*/ "'.'^'"'".'^'''e con-
time may be instituted by or on the belmlfof thl Tf^ . *";*""«. at law which at any
sons body or bodies, jt-litlc or coi^rat^ hllJetsti uiltll ' "^'^'^''y P«-^'> or per^
and directors of the said bank, forVhe ti nefcin^ for and i^H P'^***"^'' ^y the presije^u
And be It further ordained and enactedrb^/hr^?,h ? '*'; "ame of the said hank,
rules restrictions, ""d provisions, slXS i^^Ldtr^ *^T'i^Y "^1' *'"^ '"""''""'g
st^ir n ""^ '*■'' '"T'^^ion ; 'that is tTsaTfi^t T'f' Jilf '"'^ '° ^ fundamental
stockholder or stockholders, copartnershinj b^ v ■v.li.i **■■ °*^ "'"*'' '" *''icl> each
sa,d corporation shall be entkled Vevm S^S ^^^^^^^ "r corporate, holding stock in Thl
this ordinance, the votes o( the members ot^trZ*co™"li^°'''^™''V° ""' V^^'^>on^ of
he proportions following; that is to say. for onr^mred ^^ "* *" ^ ^'ven. shall be in
(or every two shares, above two. and not exoe.^L ,1 "' """? ^^" '«'o. one vote ■
shares; ^r every four shares, aWeJ^aldT^el^nrtliiH''' '^"^'"^ "ve votes for ten'
for thirty shares ; for every six shares, aCe t"n ty a^2t exlo^'l °"' ""!*' """^'"^ »«" ^"tes
fifteen votes for sixty shares ; and for every e gluihal a(^^?'^"'« ""^7- »"« ^o**. making
hundred, one vote, niakino- twenty vol,.* f^r - n J 1 ? '? l ^ "'"^y' *nd not exceedmir one
copartnership, body Rolitie^, coZ>mte li^[.r„ "f"^ "*""*"• "^"^ "° P^-^on or p^^^s
shall .3e entitled to'a Wr nrmtrtttfn^yTot" ^^Z.T'T^f ^^^^^^^^^ '--H-S
the province or elsewhere may vote by pToxy "f L she' ?^ Ihi "f V'"''''^™ ««de„t w.thi,
suchproxy be a stockholder, 4d <lo prowde V auti.oritv f^n, 1^ '"" "^^ '^'' P"''''^'''^ "'at
for so representing and voting for him her o? tTe,„ n T "" <=°r"'ne"t or constituenta
this ordinance; and provided al^That a ler the filT. '"^'''r '»'' '""" <A-) annexed 5
the ,«ssing of this Act, no share o^ shrn." of the camta s^k f .r'""! '^ ^ "»*''« "f'*^
conler a right of voting, either in pe«on or by prory'^ tticSdl nil'h'*'"'' .^"H'oration shall
thiee calendar months at the least prior to thfdav of „TJ!. "' r'T* '^^" ''^"'J during
--hen the votes of the stockholders arLto L given^ JjlTr^', "' "' '^^ S«.end meeting
joint owners of any part of the said stock it si III h» I f,T '*" °' """"« P*'"""* are thf
ered, by letter of ifttrmey f«,m the „S owl™ or 7^ ""f "T ?*"°" ""'y ''« «>"POW-
saMl sto,k, and to vote accordingly : sn^onrir^rs™ T"^^, "* '•"""' ^ -^P^esent the
resident in the city of ^^ontreal,^L LoWmg S Ct o^st.;; f,u ''"«='''">''^'r actual?;
suid eorpuniti .„d being a^Jiatural-rrT^;^*. „f H.rT "^ ^^^ "'P'"' «'*«'' "'^ "•«
■Majesty naturalixed by Ael of^he BntL^h ParU^lf Majesty, or a subject of Her
.■fleet of the conquest Ld cess J of 3^ p/ov icTTnd wV 'fc' "' "" ^'''^'"y byVhe
m t ns pixjvince, and in any of the above c^^stto ^t '^"l^^^ resided 'seven yea«
tiv.. y in the city of Montreal, shallT c-arble o "S ^ZlT'^i. ""^« y""™ '^'^^''^^
^.d corpomtion, or shall serve as such : tC^ven „f .1 „ H^ "/ "^^'^ » ''''«""f of the
"( each annual election shall be reelected for' the Ix « T*"" '" '""'=« "' "'« Pe^od
director shall be entitled to any salarHr eVSi^nt T?"^'.".^ »a ".ontlw: fourth, no
dlow..l to hin. by a general 'meeting ofVe stTSdera br.K'*'.T,'' .'.'"" •"»*« "-^
ich coniiHMisation to the p»»ident or vire-prlddent fo? 'ihl ^! '"««W»""dor. may make
he bank, or otlier services, as shall appj^^ffir „ JL "'"'' ""t^ordinary attendance at
ess than five di.cK:tors shall constitute Twrdf" the t«!!t^"?'''' "?''. ^^P*^ ■ «''"•. ""
numlK^r the president or vic-e-president .JmlUllvs bit J^'*'"''"? "^ »'"«"«'•. of whnrh
ecessary absence, i„ which c'ase their pli^es „£ be su^.n!.. f ?''''*" "T "^ *'«-■'""*»• a«d
the president or vice-pres.dent shall resSelV L wS f.^^ ^^^L"'^.*' •*•'«='»' "ho"
purpose; the pmsident and vice.pre«dW,r.haIl' v.L7 .k^ "uder hia hand, appomt for th,t
ca« of there iH-ing an equal numtcTof "ot^ Z a"S 1^" .''"'"* "^ «^'"^tofrand in any
president, and in his abii^ce the vice-p^sM^for i„ S'il''^ ''1'"""'" '**^« "«»». «he
bemg shall have a casting vote : nixtiraTntber ot J^^^n* ^' ^"^"^ *'"' "•« ''»•
together .hall he j ropri.tU.rs of gSO HjL^llZ.^lJLl^'t^^^'''^^'^*^ UmaHO^^fb^^
^ ^ "' «««»««^TwpiWflftcrortSe oaid corporutiou/shaU
hare
V^
z-mmmm
AFFAIRS OF LOWER CANADA, &c.
47
't^iT'^f""^ *'""'' ''y themselves or their proxies, to call a ceneral mectinrr „f *.,.
:efower at any time S the r oWrvin^K "#' f ""V^"'^" "^ *^^^'"' «""»" ''"^'^ »h<-' ^ord C.leneig,
LOWER
CANADA.
N~
afcaid • nn7if Z 'iT. T °'««''""g '"e like formalities) to call ,i geneml raeetin-
. .fcr«.id .hill beUcoSV, of te „„Sh ™ ' I ,7, "" •'^'"f"' or d.»cto„
1*ho d shall Se such only as are hereinbefore permitted to beXlAW nr^IidnHPr ^"
ta^t the said corporation mav takp nnH hnl.r n,/..^ ~, u 1?% " ' Pro^'lcd always,
•*ord.n. to the r of this^^vS. TyVay Jf" ddS ste ytlbTs "'=" P^P^^
# sa,d cornorafon in the course of its Lalings, but TnoXu^t ^11^0..^^™^ 'I *°
ibts whiJh the 8JH»rt.^nlhall at a^v t;r» !^ u"'.u'''u''*. '"*?' """"'H "^ '!'«
her contract wlJHRSall notlJt^ed tlhlT .H« ' "^f"'; "j^ '^"''' *•'"' "1 ""t^' <»•
>id in (over undMBB^ 1^^^^^^ ''"^ f™"* "'^ *''« '^"P'"*' «'oclJ actually
fnk for safe keeJSS"^ Tse of exce " the dirl'il '"'""^.''' T^ ^^ ''"l^^"^' '" "'?
N" happen shall ife liable for Z „ J i • •^"«'="'" ""'^^ whose administration it
te SI tinTaT ZA^t^-S:^'''^^' ^'' orSle^l^
l||ll have been alsent when the s^"d excess wi^^'. ."iT^^''- **"" '•"='' ^"'^'^^'^ »■>
^red their p„.test against it „,^%heWko/Cksff tl'"'T'' '"' ^'"'" '"^*«
Actively exonerate and dischar^themsel^ the,^,^n^ f ur^l^ corporation, may
I public papers within eiglrt dais • t^X th. .f^l^ f ^^ pubhshmg such protest in
fcgnaWe anf transferable*^ accoriine to the f„,^R . ''" ""."* ^o^oration shall be
lie or tnlnsfemble: eleventh S obb^atTni h \^T^^f^t^''? "'shares, be assign-
f credit, under the common H „?/£.. .^' ^ ^'"^''' ^""'' ''"'«' obligatory and
te-president, and couS^ed b^ a a h er ihSre' "^"^ '^ ^"^ P-.d/nt or
P persons, shall be assignable by^ndo™Ts Xii^n wThtt'^r^'fi '^^"^^
all be issued by order of the aniH #.«m^„— .; " . "" j"""", "'"s or bank notes, which
.omising the pavement of m^eytJ an?^^„' T^J""^ countersigned as aforesaid
[bearer, althoug-). not underX seal of thri^H ^r^T""' u",', !'"■ "' their ortler. oi^
W upon the sa|e, and shall »!:= astile'^a^'nrgSeTvt.ik:^^^^^^^^^ r '"'''«--
► otherwise, in like manner as if they were made BnrF?..?.^ i ^ ""^ "*'""' ""lorsement,
h, those whifh shall Ite payable to wvneZnnrrJ^ ^^ Pu"^*^' P*""*"^ '• "'at is to
fcignable by filank or otherCoraemmr K?^* ^ Pe>>»ons his, her or their order shall be
Fexchange^iow are ; and SrShLf 1^7"" We'to C^Wtf "* ''"^«'^" "^'"^
KZiffi.SbetbSt^?;S^^or^^^^
fe said corporation as shal aWr tTthe dire^tn« t T'^f "^ I"- """='' "'' ">« profits of
Y payable it such plaee or pfaTsa. the saW dTrTrtl h iV ""^ '^'"^ '^*'*''''-' """J "h-"
W public notice, 30 day. prev^oUsW n at^^.^f™ "" "PP*""'' "' ^^ich they shall
f Montreal, which divi/eXsMl notTn l!^. "'" "T^P^"'' P-bli-'hed at the sJd city
ock of the said contrition, anS tie ?a^drrto™^^^
eetmg held for the eleUion of director larbeforeThe.!^il.77y 7"^' »' '^ S«"«"'l
Statement of the affairs of th* .LiH^v!^^ the stockholders for their information
^ and
.^
..L.:...k
48
LOWEK
CANADA.
CORRESPONDENCE RELATIVE TO THE
No. 17
Sill J. Colborrl
Lord Glencli
7 May 183?.
w
X
nttrh I I .K ''«'°"g'"S '» ">« said, corporation, the balances due to them fro,.,
other banks nnd the amount of all debts owing to the Mid corporation, including and na^
fculamrngthe amounts so owing on bills of exchanRe, discou^note*, mortf ages "a^^
^d'Zr'lt"' 1''"^':^'"""^' °" '\' one*hand,tL debts due by the' said ?or& „ '
™»V«nH ° "/ 'V")k' '.u' '^^""fcefl the,«,f, and which statement shall also contain Z
^^Zir""""^^ "''u'"'" last dividend declared by the said corporation, thft amount a'
End. I, in No. 17. ">e profits reserved at the time of declaring such dividend, the amounte of debto due to ih, 1
7^f, wfP"™'"'".' Tu '""""^ *'y ^t P.''='*S« of the stock thereof, belonging to the pcrsom
aXih n I "^' Z^'?^ '?'}y,P™'"»ily be incurred from the non-payment o/such debts
the lve~t 71^ '"'*/"' '^' """ ?°"'™°'' Lieutenant-govemor%1r person administering
the government of the said province, from time to time to r^-quire from the president. ncH
president, and directors of the said bank, a like statement in Jetail of the aC ^f the sW
corpbra lon, together with a list of the name, of all persons, who shall, at the cornmencf j
- SI. """P '^T'^' "'u*""* ^l^' J'","."S "?e time for which such statemcnU shall \J
required and made have been shareholders in the said bank, specifying the number „'
shares held by each and every such' person at the commencement of elch quarter; anl
also an account of the amount o» paper discounted for, or monies loaned to the director.
or for which they may be security to the said bank ; and when so required by th,
, Governor, Lieutenant-govembr, or person administering the government oFthe said pro i
v.nce, <he said statement Iftt, and acccount, shall be rendered under the oaths of the pris,.
dent, vice-president, and cashier, or principal officer of the said corporation; pfovidcc
always, that nothing herem contained shall be held or construed to compel or authoria i
-.1 *" r S."**"^*"'- "'ce-pres'dent, directors, cashier, or other principal olficer, or any oi.
either of them to particularize in any such statement the private account of any person 0,
i persons with the said corporation ; nor shall anything herein contained be held or construec
:, to give a right to stockholders of the said bank, not being directo«.;to inspect the accouu ,
of any person or persons with the said corporation : fourteenth, if there shall be a failum
by, or on the part of any person or persons, copartnership, body politic or corporate 1
to pay the amount of any tastalment required to fie paid on account of His, her, ortheii 1
Bharee in the said capital stock of the said Corporation, the. person or persons failing I
pay the amount of such instalment^hall incur a forfeiture to and for thb use of the mti
coroora ion of five per centum on tlTe amount of his or their shares in the said corporation. .
an4ofj|he dividends due to him, her, or them, at the time appointed for the payment oi 1
such iiIRalments, and also of all dividends which may afterwards accrue and become due
to him, her, or them, until the payment of the amount of such instalment : fifteenth the
. ^ said corporation shall not directly or indirectly deal in anything except bills of exchihw
discountmg on notes of hand or promissory notes, receiving the discount at the time «
negociating, gold or silver bullion, or in the sale of stock pledged for money lent, and not
rede^ned; and stock so pledged and not redeemed shall be sold by the said corportlion ai
public sale, at any time not less than 10 days after the period for redemption, without anv
judi-ment first obtained, and without any previous suit or proceedings at law am
law usage, or custom to the contrary hotwithstanding. And if upon the sale of such
stock, there shall be a surplus after deducting the expense* of sale, over and above the
money lent, such surplus shall Be paid to the proprietors of such stock respectively.
And be It further ordained and enacted, by the authority aforesaid, that thi notes 01
the said corporation shall be payable m gold or silver coin, current by the laws of this
provmce. And the said corporation shall not demand, receive, and require upon iu loan,
or discounts, or upon any other pretext whaUoever, any interest exceeding the lawful-
interest of six per centum per annum, as fixed by the laws of this province. ■
And be it further orilained and enacted, by the authority aforesaid, that the total amoimi
of the notes of the said corporation, being for a less sura than 1 /. 6,. currency aforesaid *
each, which shall be issued and in cireulation at any one time, shall not exceed one-fifth ol *
tlie amount of the capital stock of the said corporation then paid in ; provided always thai '
no note under the noipinal value of 4». currency shall be issued or put into cireulatilm b,
the said cprporatipii, and- that the issue and cireulation of all denominations of notes for >*1
less sum than 1/ A*, each may be suppressed or further ifmited by any ordinance or law o( '
this pi-ovince, without such suppression or further limitation being considered an infringemem ,
of the pnyileges granted by this ordinance. "
J^'"* "^ '}, {"'^^" ordaiiied and enacted, by the authority aforesaid, that if the total
ataount of all the notes of the said corporation, issued and in cireulation, shall at any onerj
tinae exceed the amount fixed and«fietermined by this ordinanpe, this ordinance shall cem^
and detennine from the time when such excessive issue shall have occurred ; and in sudiiJ
case the president, vice-president, and each and every of the directors of the said bank wh<l
Shall know that such excessive issue has occurred, or has been authorized, and shall]
not, witFiin 48 hours after he shall have acquired such knowledge, give public noti«|
thereof « one of the newspapers printed and published in the city of Montreal, shall bel
personally, and jointly and severally, responsible and liable for all debU, claims. ^
demand* due by the said corporation.
.hi^~f ^J'/"'!l'""J°"*^''u ""^ ulT*^' ^? *••* authority aforewid, that the share anil
shares, and dividends of the stockholders m the said corporation, shall be held, considered,
and adjudged to be personal property, and as such be lia\)le to bon&Jid> creditors for debt^
^.My, be attached and sold ugdatsnt^of attaehment aad^ exacution, iwnad ontof f
majesty s courts of this province, in like manner lu nthnr nars^nn.! ,^^.^^ 1 .>..
Majesty s courts of this province, in like manner as other personal property may be attached
TO THE
le balances due to them from
^rporation, incliiding and par-
ounted note!, mortgage, and
g due by the gaid corporation,
itemcnt shall aUo contain tht
lid corporation, the,' amount of
le amounts of debts due to ihi
!reof, belonging to the personi
rerdue and not paid, with an
s non-payment of such debts; ,
ivemor, or person administerine j
luire from the president, vice
retail of the affairs of the sftjd
who shall, at the commence-j
ich such statements shall bt
Ilk, specifying the number oi
cement of each quarter ; and
nunies loaned to the directors
AlTAIRS OF LOWJ^R CANADA, &X
49
LOWER
CANADA.
No.
17-
|bld under such wriU of attachment and execution. Abd in cases wh^ an attachment
^ue for Bttaching the slud share and shares, and dividends, the same almll be served
rcasliier of the said cor^ration, who shall be held to appear fn «!burt, andinswer upon
krit of attachment accordmgtrf the laws of this province, and declare the number of Sir J. Colborno to
i of stock, and the amo\iut of dividends belonging and due to the pereon okpersqns I^rd Glenelg,
It whom such attachment shall hive been obtained ; and when the said share oiNhares 7 May 1838,,,
jeen sold, under a writ or writs of ■^xecution, the sheriff by whom such writ orVrits
have been executed shall, within 'sojdays after such sale, leave witli the cashier of Jlje ^ncl. 1, in No. 17.
iorporation an attested copy of theWid writ or writs of, execution," with the certificate"""
!h sherifl mdorsed thereon^ certifying io whom the sale of the said "share or shares, '
• the said wri^ or writs ofexecution, has been by him made ; and the person or persoM
Y 11 ""^e purchased suikh share or shares so sold under such writ or writs of exccu-
Ihull be heldtend consideted as stockholder or stockholders of the said share or shares,
hull have the same righto^ and be under the same obligations, as if he, she, or they had
ised the seid sliare or shares from the proprietor or proprietora thereof.
, be It further ordained and enacted, by tlie authority aforesaid, that no stockliolder or
holders shall be answerable in jus, her or their private or natural capacity or capacities for
Id when so reauired""bv"'^h,SSS^''' K'**''°lu'~"'T'**™P*'"#.''i'^^
govmment ^t" Psaid^ or. tA"" =.'^^^^'■« *^' totaUmount ofdebts contracted by the said corpomtiou shall, dur-
.,nHrih!.L»L fT P''''?8%''"8d«''''»t«t'on.«xceedahe limitation by Uiis ordinance prescribed rprovidedalwavs . ♦
.SdcorZtn p'toSM • •■
rued to cK or Shfm. d!kS? ^^^,'1^^ ^fa" *^ -^^' "" """^ *'f ^^ 'J'^ ""'^^ '" circuktion, and all other the
rpnVdpaTX'erTorSy ': ^J^flt'}'l^:L^±r:nf!^' '^^^^:^^^f^^ ^'llA'^ts of the Parliament
^ate account of any person 0;
contained be held or construec
rectors,* to inspect the accouu:
1, if there shall be a failun
p, body politic or corporate,
I account of fya, her, or their
person or persons failing t
ahd for the use of the said
ihares in the said corporation,
ppointed for the payment o(
urds accrue and become duf
ih instalment: fifteenth, the _
IK except hills of exchaihgt 0I
the discount at the time 01 '
leed for money lent, and not
Jd by the said corpbfaliori ai
for redemption, without any
proceedings at law, ani
d if upon the sale of sucii
)f sale, over and above th*
li stock respectively,
aforesaid, that the notes oi
current by the laws of this
;, and require upon its loam .
terest exceeding the lawful '
8 province. *■
resaid, that the total amount ^;
jn 1 /. S(. currency aforesaid
shall not exceed one-fiftli 01
id in; provided always, thai
;d or put into circulation bt ,'
lenommations of notes for W
I by any ordinance or law oi
g considered an infringemem;;
^.^ ..^^...^.^^ „, i„c uu||A>n^uuii, vreaieu ana conuDueu Dy tne Actsot the Parliament
^provuicehercmbeforementioned.jpassediuthe Istandinthe lOtliand 11th years of the
iof his Majesty King George the Fourth, and also all aud every the liotes in circula-
Ind all other the debte'iind habihties of the association, hereinbefore mentioned, which,
1st day of June lagt^.,»8Bumed and continued the business of the said corporation,
, and continued to that day by the said AcU. And Uie said corporation, by this ordi-
orilained, constituted, and declared to be a corporate body by the name aforesafd.-
be and they are hereby authorized and empowered, in the name aforesaid; to demand,
Br, have, and receive all the debts remaipiug due and osving to the said corporation,
■expired on the 1st day of June last, and to the said assocration wfeich assumed and
1 on tlip business thereof as aforesaid, in Lkc manner as if the said debts were due
ing to the said corporation hereby ordained aud coiwtituted.
be It further Ordained and enacted, by the authortty aforesaid", that if any officer,
r, clerk, or servant of the said corporation, intrusted with any bond, obligation, bill,
Jory or ol credit, or of any other bill or note, or any security, mpney, or eS&ts belone-
Mhe sajd corporation, or liaving any bond, obligation, or Wll, obhgatory Sr of credit, % .,
llicr bilt or note, ol-aiiy security, money, or effects of any other liersou or persons lodged
posited with the said corporation, or with him, as an ofiicer, cashier, clerk/or servant of
Hd corporation shall secrete, embezzle, or run away with any Such bilT, bond, obliKation.
bhgatory or of credit, or any such other bill or note, security, money, or effects, ot any
sm, or any part of them, every sudv officer, cashier, clerk, or servant so offending, and
thereof convicted 11. due form of law,»haU be deeme^guilty of felony, and shall suffer •
as a lelou, without benefit of clergy, ■ o j j> ^
nn "1 VT^" ordained and enacted, by the authority aforesaid, that if any person or
D IS shall forge or counterfeit the common seal of llie said bank, or shall forge or coun- '
ft ojr alter ni^y bond, obligation, bill, o^igatory or of credit, 6r any other bilTw dote of
aid corporation, or any mdorsement or indorecments thereon, with arf. intention to
ud the said corporation, or any person or persons whomsoever; or shall alter or osAs i^
r'i^n.; 7^"''^!.'' °' "^'"^ ^'"^' obligation, bUl, obligatory or of credit, br any o& /
ir «K saidjoTporaUon, or mdorsement orlndorsementi thereon ; or shall dema^# '
oney therein menSoned and contained, knowing the same to be forged, counterfeit, 7f
fr.;Z'?~? ffP'"°"t n V*''^'^ ''"'} "''■«'"=''• "PO" conviction thereof in due foni of
lor the^first offence, shall be deemed and adjudged to be guilty tof a misdemeanor and
J lE or L ^ ^'" .'?"'" j'" ""'"*'"• ""' "'"* ^l"*" »« ye«"; "««« to be kept at ,
said n^mi 1 P/'^''^ 'I "'■ 'PP*^' °' •? "^^ '" 'b^ Pl'^'y' or'undei^one or more of ^
r L^d «U ?'? ' "' «''e discretion of the court before which 8u,;fc conviction shall ULr^
s and shall, for a second offence, be deemed and adjudged to be guilty of fcloitv T
nd bc-it further ordained and enacted, by the authi?ity afortsaif, h^at if WpersoL
umK'°Z'"'r'';" r"i «"y/'"<^ - P'-^^*. I.aFr,'rolling:press, or'otUS'
C«^Tn' °f«ate"al devised adapted, and designed for stamping, foiling, or making^Vv
fe and counterfeit b. of exchange promissory note, undertakini or oiSer for tKv^ '
fe BaTSo'*r^r„ "^ ^° ^' theMof exchange, promissory nol undertaking, or IZ
ber^of thTlT^ ' 1*"^°^^''*°*'='""' P*™*"" '="S''5«1 "' themanagenTent of the
ulTht tl!!l '^^P"™*""?' '» the name and on the behaftoTthe said corpoXn ; or shall . *
■em his possession Iny such pla^ or plates engraven in any part, or aiy paper rolling- *
rXt to^^^'k Jlrrir "'"**^""' ■^-'-^Tadapted, o'r U'gnTI Z^^S^l
tov^ in fn»in "•^P'^'y '''^ «'^«' »f to cause or permit the tame to be used and .
WnoL 3 1' ?'"* ""''""S '"y ^"""^ *^'«'' ■«•* counterfeit bills of exchange, pro-
k^^j i^ l -''^''^°"'-T' '"" I' y P^f"" "" "tfe'"li flg^all M deemed aaa>en
m^%^^' «*^'*™8 thcreor tomsm, sTuaisuir deaih as a^f«Hfcvk&
Ud be it further ordained and enacted, by the authority uforesai.!; that it shall and may
"1
Mt .
; ' -^f
Lowr.R
. CANADA.
N~7.
Sir J. CollKirne to
Lord lllenelg,
7 Mny 1838.
End. 1, in No. 17
50* CORRESPONDENCE RELATIVE TO THE
be lawful to, and for any one justice of the peace, on complaint made before him, upon ths
o^th of one credible -pet^ort, that there is just cause to aspect that any one or more person
or ™s' is or are^or hath or have be'en concerne-d in makmg or counterfe.Ung any such
fals^biUsofexchange, promissory notes, undertakings, or orders as aforesa.^, by warrant
under he hand of such j'u«.ce; to cause the dwelling-house, room, workshop, ottthouse. or
Xr buildings, yard. gard?M>r other place, fielonging to such suspected person or persons,
o where any sith pitLn of persons Shall be suspected to carry on any such mak.ng or
counterfeiting, to be searched W any»(.uch false bills of exchange, promissory notes, under-
tak,ngs. ot"rder«; and if any such'false bills of exchange promissory notes, undertakuigs
or oX's! or anysuch plates, roUing-presses, or other tools, mstruments, or taatenals shall^
b^ Cd in M»e custody%r possession of any person or persons whomsoever, not having the
s^me by ^.flawful authority, ft shall and may be lawful to and for any person or person*
whTms^m discovering the same to seize, and he or they are hereby authorBed and required
to seTze sflch false or counterfeit bills of exchange, promissory nq.tes, undertaku^;s, or ortle s,
mid such pates, rolling-presses, or other tools, instruments, iHlnatenals, and to carry the
same forthwith before a justice of the peace of the counly or district m wh«:h*he same shall
k. s^i^Twho shall cause the same to be secured and produced in evidence against any
^^^ Arsons who shall or may be ^.ros^uted for any the bffences aforesaiH in some
wurt of iuSce proper for the deteniinatiou tliereof and the same after being so produced
^evidence, shall. Ty order of the court before wlrfch «uch offender or offenders Shall be
tried be defaced or destroyed, or otherwise disposed of as such court shall d rect.
Aid be' forther ordained knd enacted, by tfie authority aforesaid, that nQth.ng m the pre-
sent ordinance contained shall affect; or be construed to affect in any manner or way what-
soever, the rights of Her Majesty, her heirs, or successors, or of any person or persons, or ot
an\ bodies politic or corporate, such only excepted as are herein mentioned.
Indb^ itWher ordafned arid enactedf by the authority aforesaid, that tlus ordinance shall
be deemed and taken to be a public ordinance and law of this province, and as such shall be
j^dicl^rtakeh notice of by all judges, justices, and other persons whomsoever, without
*''ZTL'1tTref oElura enacted, by the authority aforesaid, that it shall not be
lawful for the said corporation at any time whatever, directly or indirectly, to advance or
lend to, or for the use or on account of any foreien prince or state, any sum or sum* of money
whatever and if such unlawful advance or loan be made, then and from henceforth the said
Trjoratiin shall be dissolved, and all the powers authorities. r«hts and advantages hereby
. erased to the said corporation, shall from thenceforth cease and determine. Anything m the
Iresent ordinance contSiined to the contrary thereof m any wise notwithstanding ; and nro-
vided also, that the said corporation shall not raise loans of money nor increase it-s capital.
And be t forther ordainetiand enacted, by the authonty aforesaid that this ordinance shall
continue and be in force till the 1st day of Soven,))er, in the year of our Lord 1842, and no
longer. , ^__
Form (A.)
Stock of the Bank of Montreal.
Power of Attorney to accept Transfers, receive Dividends, Sell, and Vote.
Know all men by these presents, that I(or we) • of ^ ^^ ^^^^
;ra 'd W'foSto'rnt fX\.r us) in my (or our) name, and on my (or our)Ualf to
a?ce^ all such transfe^ as are or may hereaOer be made upto me (or us) of any interest o
shaTin the capital or joint stock of tW Bank of Montreal ; to receive and g'ye receipts lor
S div dends tTat are now due, and that shall hereafter become due and payable for the san ..
Tor the time being ; to sell, assign and tramifer, all or any part of my (or our) said stock
Sceive thrcom.idlmUon money! and give a receipt or receipts for tfie i«mc ; and to vote ut
Srelections. and generally to 'do all lawful acts requisite for effecting the prei^ises. hereb
-' mtiSrd confimiing .^1 that my (or our) said attorney shall do therein, by virtue hereol,
Tn wCess whereof. I (or we) have Lreunto set my (or our) hand and seal at
i- day of m the year ol our Lord IB .
Signed and sealed in the presence of )
Form (B.)
^1 ,1 (r^^ of I (or we) do hereby assign
For value received from shares (on each of wh'ioh hi
W„ nTd pounds shillings currency, amounting to the sum of
, P pounds ^ shillings.) m the capital stoc'k of the Bank of Montreal
subject to the ™l« and regulations of tfe said bank. Witness hand, at the said |
bank, this day of 18 •
Witness ' .
L ghaf(i!» in the stock |
OS abovementioned, W fh« btni
=i- (Of w «) dff hereby accept &e foregoing awignmeut ot
of the Bank of Montreal, assigned to
thia day of -18
t
AFFAIRS OF LOWER CANADA, &c.
51
CANAUA.
Ordained and cflacted by the authority Aforesaid, and passed in Special Council under the
I great seal of the province, at the Govemment-houge, iittne city of Montreal, the 4th day of
I May, in the first year of the reign of our Sovereign Lady Victoria, by the Grace of God of No. 1 7.
LCreat Britain ana Ireland Queen, Defender of tne Faith, and so forth, and in the year of Sir J. Colbome to
lour Lord 1838. Lord Glentlg,
By hia Excellency's command, ■ ^ ,
VK. B. Lm<iKiy/ Clerk Special CounciL Kncl. 1, in No. 17.
<)f our
7.
Enclosure 2, in No. 17.
Anno Primo Victobi* Regin£.
Cap.lA. — An Ordinance to enable the Governor, or Person administering the Government
of this Province, to extend a Conditional Pardon, in certain cases, to Persons who have
been concemeii in the late Insurrection. "
Whereas there is reason to beUeve,' that among the persons concemedin the late trea- Eocl. i, in No. 17.
sonable insurrection in this province, there were some to whom the lenity of Government
may n^t improperly be extended, on account of the artifices used by desperate and unprin- ,^
cipled persons, to seduce them from their allegiance : Be it therefore ordained and enacted, ' . •
by the administrator of the government of this province, authorized to execute the commis-
sion of the Governor thereof, by and. with the advice and consent of the Special Council for
the afiairs of the said.province, constituted and,,as^g^bled by virtue and under the authority
of an Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in
the first year of the reign of Her present Majesty, intituled, "A" Act to taake Temporary
Provision for the Government of Lower Canada," and it is hereby ordained and enacted, that
upon the petition of any person cliarged with high treason, committed in this province, pre-
ferred to tne. Governor or the person administermg the govMnment of this province, before
the arraignment of such person, and praying to be pardonedtbr his offence, it shall and may
be lawM for the Governor or person administering the government of the said province to
grant, if it^ shall seem fiti a pardon to such person, in Her Majesty's nahie, upon such terms
and conditions as may appear ptoper, which pardon being granted'under the great seal of this
province, and reciting in substance th'e prayer of such petition, shall have the same effect as
an<-«ittainder of the person therein named for the crime of high treason, so far as regards the
forfeiture of his estate and property, real and personal ; provided always, thftt in case a
pardon shall not be granted upon any such petition, no evidence shall be given of any
admission or statement therein contained, upon any trial to be afterwards had.
And be it further ordained and enacted, by the authority aforesaid, that in case any person
shall be pardoned under this ordinance, upon condition of being transported, or of bbniahing
himself from this province, either for life or for any term of years, such person, if he shall
afterwards voluntarily return to this province, without lawful excuse, contrary to the condition
of his pardon, shall be deemed guilty of felony, and sh^ll suffer death, as in cases of felony.
And be it further ordainal and enacted, by tjie authority aforesaid, that the provisions of
this ordinance shall not extend, or be construed to extend, to such persons as haVe fled, or
are still absent from this province, under a charge of high treason, and for whose appre-
hension a reward has beeni offered.
J. Colborne.
Orddined and enacted, by the authority aforesaid, and passed in Special Council, under
the great seal of the province, at the Government-house, in the ci^y of Montreal, the 4th day
of May, iif the first ye$r of the reign of our Sovereign Lady Victoria, by the grace of God of"
Great Britain arid Ireland Queen, Defender of the Faith, and so forth, in tile year
Lord 1838.
By his Excellency's command,
Wm. S, Liniha)/,C]erk Special Council.
Enclosure 3, in No. 17,
Anno Prim^ VicToai* Reoin£.
Cap. 16. — An Ordinance to appropriate certain Sums of Money therein mentioned to'
the Encouragement of Education.
Whereas it ig expedient Ui appropriate certain suvlis of money for the encouragement of End. 3, in No. 17
edirratiou in this province : Be it therefore ordained and enacted by his Excellency the ' *
admmisttator of the government of ihiamtosince, antlmriToJ to execute the commission of ____________
tfce Governor thereofTby and with the advice and coosent of the Special Council for the
•rain of the said province, constituted and assembled by virtue and under the authoriiy of
357- H 2 an
t
LOWF.R
CANADA.
No. 17.
Sir J. ColbuTne to
Lord Olenelg,
7 May 1S38.
y
,.<t*''
58 (3ORRESPONDENCE llELATIVE TO THE
f„"V* f .""" P"'i?'?«"' ?•■ the United Kingdom of Great Britain and Ire land, passo.l
m the first ;ycar of th^.reign of Her present MajeBty, intituled. " An Act to n.ake tein
porary Provision for the Government of Lower Canada;" and it is hereby ordained Z\
enacted, by the authority of the same, that it shall and 'may be lawW for the Oo7eni
Licutcnant-govcnu.r, or person administering the government, by warrant under his hand
to take out of any unappropriated momes in the hairfs of the Receiver-generaf, a sum not
End. 3, in No. 17. "'"''"^g «»'• ':"{ren7. '» ^e paid to the acting members of the committee of mana™
of the Montreal Recol et gchool Institution, towards maintaining the said school -^ an,
fiirthcr .sum, not exceeding lOO/. currency, to be naid to the Society of Education at Thto
/ Rivers, towards maintaining their school ; and a further sum, not exceeding 50/ current
to be piiid to the society of the Montreal Infant School, towards maintaining the^^id Xx'^l
tution ; and a /iirthcr, sum, not exceeding 200/. currency, to Iw paid to tile committee „i
mana^onicnt of the Bntish and Canadian School at Montreal, towonis maintainTtl" sa '
sc io<,l ; ami a further sum, not exceeding 230/. curr(|ncy, to be paid to the Society of Edu
cation in the district of Quebec, as an aid towards maintaining their school : iind a furth.,
. , sum, not exceeding 60 .currency, to 1^ naid to the said socfety. as an aid towards ma
taming the girls school lately establishl ty their direction, and under the management ,
Ww .Society of Ladies ; and a further sum, not exceeding 200/. currency, to be Mid to tl„
committee of management ol the British and Canadian School at Quebei for the follo«i
purposes ; that is to say, a sum not exceeding 150/. currency, towartls maintaining th. u
school for boys; and a gum, not exceeding 50/. cunvncy, toward, maintaining their ihool
, for girls ; and a further sum not -exceeding loO/. currency, to be paid to tEe trustc-es o.
«^ St. Andriw s School at Quebec, as nn aid towards maintaining their school ; and a furtla,
j sum, itDt exceeding 60/. currency, to be paid to the committee of managcmentof the Quelw
^ Mechanics Institute, as a gift for the present year ; and a further sum not exceeding 5.7
currency, to be paid to he Literary and Historical Society of Quebec, as an aid toward
defraying their unavoidable expenses duiing the present year; and a further sum. not ev
ceedmg 200/ currency to be paid to the trustees of the St. Jacques' School, Montreal as a lmIi
to the school under thrtr management; and a further sum, not exceeding 111/ 2* 2,/
currency, to be paid to the committee of management of the National Sch(S)l at Quebec u,
an aid towards maintauiHig the said School ; and a further sum of 111 /. 2,. 2e/ currencv
to p^y the salary oM^e master of the National School at Montreal ; and a further sum ol .
100 /.currency to the committee of the American Presbyterian Free School at Montreal Ss
an aid in support of the said school ; and a ftirther sum of 46/. currency to pay the sal'ars
of the teacher of {he school under the management of the Royal Institution at Three Rivers
and a further sum not exceeding the sum of 200/. currency, to be paid to the Rev. Messinl
Prmer, of the Collc-e of St. Hyacmthe, as an aid to enable him to maintain the said iiisti-i
tiition; and a further sum, not exceeding 200/. currency, to be paid to the Rev. Messire
Mignaii t, founder of the coll.^-e at Chambly, as an aid towards enabling him to maintain
tlio said mstitutum; and a further snm not exceeding 200/. currency, to be paid to the
Rev. Messite^Mailloux, of the College of St. Anne de Ta Pcn^ati^re, as an aid to enable bin,
to maintain 8ie said institution ; and a further sum, not exceeding 100/. currency to be oaid
to the trustees of the Academy of Charlestown, as an aid towards the nmintiiance oftht
said academy ; and a further sum, not excelling 100 /. currency, to the trustees of the Stan-
stead N-minafy, as an aid towartls maintaining tlie said establishment ; and aVurther sum iiut
exceeding 1 00 /. currency, to be paid to the Society of Education at Berthier, as an aid
towards maintaining their school ; and a further sum, not exceeding 100 /., to be paid to the
s^fd esubiillit ' ^"^^ "'' ^'^'''°'"P''°"''»'""'iJt«^«"is'na'ntaimngthe
An.l be ^t further ordained and enacted, by the authority aforesaid, that every person to
wliom rhair be entrusted Ui.e exi>e.iditure of any portion of the monies hereby appmpriated
shall make ui> detaile.l accounts of such expemliture, showing the suras ^vai ceJ to the
accountant, tfie sum actually expended, the Wlance, if any, remaining in his hands «„d the \
amount of th.^ monies hereby appropriated to the purpose for which sSch advance shall have
been made, remaining unexpended iii the hands of the Receiver-general ; and that ever.
such account shall be supported by v6*ichers therein distinctly referred to by numbers co/
responding to the numbering of the items in such account, and shall be made up to and
closed on he 10th day of Aph and 10th day of October in each year in which suc'^i ^^Z,.
diturc shall be made, and sliall bi attested before a justice of the Court of King's BenCh or
a justice 6f the peace, and sfiall be transmitted to the olHcer whose duty it shall be to receive
sud. aceouiit within 15 .layrf next after the expiration of the s»k1 periJs respectively
And be It further ordained and enacted, by tlie authority aforesaid, that the^ue application
o( the monies appropnated by this Act shall be accountei for to Her Majesty, herfiei s and I
successors, through the Lords Commissioners of Her Majesty's Treasury for the time behig i
m 8|ch manner and form as Her Mysty, her heirs, and successors shall direct. ^' '
J. Colborne.
'C
the,l„,!f„.^r '.V^* Wlhonty aforesaid, and passed in Special Council ander
the great seal of the proj>^ at the Govemment-hous?, in the city of Mo^.treal, the4th dav
of May m the first yo*f^f the reign of our Sovereign Lady Victoria, by the Crof O^ j
our^I^:^ Jem" ^'"^' ^'^""^'" "^ the^ Faith, Vd so fo;th, and i^Th^ JeaVof j
By his Excellency's command.
W. B.LMiay, Clerk Special Council.
i
AFFAIRS OF LOUVER CANADA, &c.
■*„
53
Enclosure 4, in No. 17.
Amio PrimoVicToRi* Reu.n*.
"' "•"=■-"'"" ""saz S-- XXK™- •" -
... v^ » u 1 1^ ^ n L c lo a
Suj)(K)rt oC certain i
LOWEH
CANADA.
Sir J. Colboriie to
Lord Gleuelg,
7 May 1837.
poses.
Ieri( Special Council.
VVherkas it is exnedient .„ "'^'^'
towards tl,e >^m^on ohCclllJZT^'" ""f'f'''" '"'""' "^ ">"""y '"■■'"" PU'poses a.ul
enacted, by the' idmiui^trato/:^'"^^^^
commission of llie Govcnior thereof 1^^!^ .? .^ thm province, uutiiorized to execute t
for Uie affairs of the ».d rovmL ^ "1*:'^^^^^^^
authority of an Act of Pari arenr^f thf I '^ ."i'* "T"''''"'* "^y "■<"« oi^'under the
passed in the first year of tlie rer^ of llr ^^ K.nfjdom of Great Britain and Ireland
temporarv l^rovisioi. for the Gove"mm ," of C""r^'"'f' y.' '"'''"'^''' " '^» Act to nS
enae.od. ty the authority of the samr hat , t s1,T.l[ I^T't' /'"' /' '« '"^'•'^'^y o-^l^iM and
governor or person adniWrinj; the KovelS '"' "f ^"^'^^""^ Lieii^^S^.
dunng the present year, by warrant mder 1," h . d L f"""-' ""'' P"y ♦■'•""' l''"« ^ timT
ands of the Receiver-general, the following u.sLr\he™Y. """•'P-I'™''''! -nies in the
that IS to say, a sum not exceedinc 06() / ni / ""' P"''l^'*''» hereinafter specified •
supporting tfie insane ,H>rsons in h^ eel of he G^ZTlT'' '"^""''' ''"''™y'"K «'"« cSo f
of October 103(. to th^ ,oth day of Oct^beTimln "'''''''' "* ^^""^'"^ ''"'■' ""^ ffiav
rency towards defrayin.r the exoenl^f . ' nc'"s've; a sum not exeecdiiiL' -ii 1/ ^
Hospital of Quobec^froJn the Ka"' 7&^ '^^''''^ ""H -«'■" boarders o'jheGeiK.r.d '
inclusive; a sum not excecdintrlon?^ October 1(130 to the loth day of OctobtM^ 1 i.^,
required for the sick niufrnfi^n p" L™^?''"'' fr'^'"'''' "ff-'-i^lu." tS o i , '
day o( October 1030 to the loUi Ef O / ''"'"™' "'"*P"«' »* Quebec from the P
currency towards defrayin-r the exZl f "^' "*"' ""^'"'''^e J « «um "ot exce^ li„' ..." ■«
Quebec from the l.tl/day of oSr,8.oT'^r"''^ ".'« ,'"""'""'"« *" the Hotl ^.e"" I' '
sum not exceeding 16/. currency tow«»„ if ''" ?""' "^"y "^ October 1H37, inclus v.
c^othn,. forthe fo^undlingsS t, DWO?.l'%"P"r "' ''-"-'"■'g th ecTss^r;'
the loth day of October 1837, inclnsive a s"m *•; '^'°'" '¥ ""' ''"X °<' October 18m^
defraying the expense of maintaining h„' 1 "^ "".' «*f^ceding 200/ currenev totri
P-eu at Quebec from the I uh dav^,' ow If '"', ""^ ^"'""^ '•" *»>« hospital 7theiwt
.nclu.,ve; a sum not exceeding coo/eunS^fr '"f r/'"= ""'' ''«y "f OcX m'
foundlings m the Gefiefal hSi of Sevl ' '^'^"'^"'^ '^' «^P«nsc. of suL,/;^';
October 1830 to the 16th day of nl,! 17 ^""'' ■»' Montreal from the iwf!? ^r
End. 4, in No. 17.
Bioirsi'\rrt7cS„i„i-r,f'^ thatth .
remwningm his hands, and the
which such advance shall have
w-generatr and that every such ^-
iacco»„t shLllTJr-;'"g;;"'r°«' ■" »■« hand, ot'the b;.::;^;™"^" '^J'^^'^e/hall have
NP°thenumberin^'^,r^^**"*^'"'" *««'" distinctly refe^JTT' ""['hat every sueS
I 357 ""'"•'"""« of the Items in such account, and shdl be li ^ """'*'"'" corres'pond-
I '**7. „%'"*" ""^ """^le up to and closed on the
loth
"3
54
CORRESPONDENCE RELATIVE TO THE
LOWER
CANADA.
- .N^7.
Sir J. Colborne to
Lord GIrnclg,
7 May 1838.
F.ncl. 4, in No. 17.
10th (lay of October and the 10th' day of y^rll in obch year durinn; which «uch expendituro
shall be made, ami •hall be attested before a justiccjinf the Court of King's Bench or a juttice
of the peace, ObJ shall be transmitted to the ofliqer whose duty it shall be to receive »uoh
account within 1& days next after the expiration oFlhe said periods respectively.
And be it further ordained and enacted, by thcjoAmority aforetaid, that the due application
of the monies appropriated, by this Act sHSlfljeaccwifitcd for to Her Majesty, her heirs and
successors, through the LordR Commissioners of Hen Majesty's Treasury for the time being,
in such manner and form as Her Majesty, her heirs and successors, shall direct.
J. Colbornt,
, and passed in Special Council, under
ouse, m the city of Montreal, the 4lli
vereign Lady Victoria, by the grace of
Ordained and eiiacted, by the authority aforesaii
the great seal of the provinc^e, at tlie Government
day of May, in the first year of the reign of our
God of Great Britain and Ireland (^ueen, Defendeij' of the°Faith, and so forth,' in the year of
our Lord 1838. , • , , Jj.^
By his E*cellerifcy^s command,
W. B. Undtay,
Clerk Special Council.
V,
.N.
-*
-^-■^
. Enclosure a, in No. 1 7.
, Anno Primo VicTO(Hi« Reginje.
Cap. 10. — A.N Ordinance to appropriate certain Sums of Money therein mentioned for the
encouragemept oT Agriculture.
Enrl. ■,, in No," 17. Whereas it is expedient to appropriate certain sums of money for the encouragement of
iigricultnre ; Be it ordained and enacted, by the administrator of the government of this
province authorized to execute the commission of tlie Governor thereof, by and with the
advice and consent of the Special Council for the afTatrs of the said province, constituted and
assembled by virtue and under the authority of au Act of the Parliament of the United King-
dont of Great Britain and Ireland, passed in the first year of the reign of Her present Majesty;
intituled, " An Act to make Temporary Provision for the Government of Lower Canada ;"
)'~~,.^^ and it is hereby orda^cd and enacted by the authority of the same, that it shall be lawful for
— j:2tlie43ovqrnor, Lieutwiimt-gQyernor, or person. administering the government, to advance and
pay 'by warrant or warrants, under his hand, and out ofany uiiapptxipriated monies in tho^
hands of the Receiver-general, for the encouragement of agricultural improvements during'
the present year 1838, a sum not exceeding 200/. currency to the Agricultural Society for
ihe district of Quebec ; a further sum, not exceeding the sum of 480 /. currency, to tlio
Agricultural Society of for the district of Montreal; a Further sum, not exceeding 75/. cur-
. rency, to the Agricultural Society for the district of Three Rivers ; and a further sum, not
, exc«*ding the sum of 75 /. currency, to the Aricultural Society for the district of Saint
Francis.
And be it further ordained and enacted, by the authority aforesaid, that all the provision.4
and enactments of a certain Act, passed in thefirst year of the reign of his late Majesty King
i.^.,*»"William the Fourth, intituled, " An Act to appropriate a certain hum of Money therein men-
tioned for the Encouragement of Agriculture,' relating to the manner, conditions, and regu-
lations, in and under which the monies thereby appropriated are directed to be applied and
expended, shall be and are hereby extended and shall apply to the appropriations of this
ordinance.
And be it further ordained and enacted, by the authority aforesaid, that every person to
whom shall be entrusted the expenditure of any pordotf of the monies hereby appropriated,
shall make up detailed accounts of such expenditure, showing the sums advanced to the
accountant, the sum actually expended, the balance (if any) remaining in his hands, and the
amount pf the monies hereby appropriated to the purposes for which such advance shall have
been made remaining unexpended in the hands ot the Receiver-general ; and that every such
account shall be supported by vouchers therein distinctly referred to, by numbers corres-
ponding to the numbering of the items in such account ; and shall be made up to and closed
on the 10th day of October and the 10th day of April in each year during which such
expenditure shall be made, and shall be attested before a justice of the Court of King's
Bench or a justice of the peace, and shall be transmitted to the officer whose duty it shall oe
to receive such account, within 15 days next after, the expiration of the said penods respec-
tively.
And be it further ordained and enacted, by the authority sforesaid, that the due applica-
tion of the monies appropriated by this Act shall be accounted for to Her Majesty, her neirs,
and successors, through the Lords Commissioners of Her Majesty's Treasury for the time
being, in such manner and form as Her Majesty, her heirs, and successors shall direct.
— , — — — _ — --. hCoUmM, -
Oidained
J. Colbom*.
cial Council.
mtioned for the
AFFAIRS OF LOWER CANADA, &c.
55
By his Excellency;^ command,
■ " ^- ^'"'<i*«y, Clerk S,«cial Council.
LOVM.ll
CAN.ADA.
Lord (;ieuelg,
7 May 1838.,
l-'icl. 5, in Nil
'7-
Enclosure 0, in No. 17.
AnnoPriDioV„,ToR,.,:REo,N*.
such persons m order to deter others from thp 1,1 7i.k ^^""^ '^"'' "'« «l»«dv ^tta nder o
ordamed nnd enacted, by the admi„?simtor nf.ho'' '"*'''* """*« «"'' "tTenceV: io it rerefor.
execute the commission of the Govern™ thereof f ^"""""l.°''""«P™^i'"^e, autl" L J „
Special Council for the affairs ofthe«^?rf ni^ ' ^^ *"' """» ""e aiAige and consent oHI
... held I, . d.,, ,0 b. ,;,hi„ 1 „"p™i.«.1 "^"2""' "J "*«it. «.™ fc" i
..til penon or p„„„, ,|„|] „ , b,7KS^ ™ T PT'"""'" » *• 0««lto ■ ,„J i
paid, shall, upon the return of the sheriff th«.L^ "'''' '"*'«=«'»«'>» shall be found as afon
.8 or are not to be found within the Srto*?!.PrT °'«-P"'^°'" """"^d '» such"ndietmen;
of?v^:fiT 'h."«°"i-"' the cour^'^f kS Beihl'r r'Jy '^^ "^^ '"dictmen a ^d
«»2^ ¥'«l^le™|"'er shall be hejfl, or shall LvPh^ N^^i''^ ''"'"■'<^' 'n which such court
.mnr such shenfl; at the expiration of 7he «me iTmit^' k™ ' ?"*" «•"»" •>« «'e duty o
to the court of King's Bench for the distr^^nf "k^k 'i? *•'='' /"'"'''"nation, to make a return
o7 uT^*:::?,"±.'«i*''--'- *» the^cS » rH^«-!!»" - «f--«j.. ^a -
Li
cl. 0, II' No 17.
*
36
LOWKR
CANADA.
No. 17.
Sir J. C'olborne to
Lord Glenclg,
7 May 1838.
End. G, in No. 17.
CORRESPONDENCE RELATIVE TO TIIE
shall l>R trimi for the oilence charged in Mich indu-tment in like manner aa if no much judg-
■meut of attainder had been entered.
J. Colbomt.
Ordninetl iind ciinrted, hy the authority iiforcsaid, and passed in Special Council nndertiM
;:rcotHfal of the province, ti the Govcriiment-houik!, in the city of Moiitrcul, the 4th day of
May, in tlic lut year of the reijfn of our Soverei^ LB<ly Victoria, by the Oracu of OihI, of
Oreat Uritttinand Ireland (jueen, Defender of the Faith, and so forth, and m the year of our
i.onl 1U3H.
By his Excellency's commiuid,
fV. B. Lindtay, Clerk Special Council.
Enclosure 7, in No. 17.
Anno Prirao VicToBi* RfioiN/E. ' •*
Cap. 20. — An On din ante fur prcventinf; mischiefs jirising from thft Printing and Poblishing
Ne\v>>pn|wr8, Pamphlets, and Pn|)ere of like nature, by Persons not known, and for
other Purposes.
End. 7, in No. 17. Wheheas it in exi>edicnt that regulations should be provided touching publications of
thc-naturc hereinafter mentioned ; De it titcrefore ordained and enacted, by the administrator
of the goycmnicnt of Lower Canada, uuthorzied to execute the commission of tlie Uov«mor
thereof, by and with tlie advice and consent of the Special Council for the affairs of the said
firovince, constituted and assembled by virtue and under the authority of an Act of the Paf>-
lament of the United Kingdom of Great Britain and Ireland, passed in the first year of the
reigii of Her present Majesty, intituled, " An Act to make Temporary Provision for the Gto-
vernmenl of ixiwer Canada ;" and it is hereby ordained and enacted, tlut no person shall,
after 30 days from the passing of this ordinance, print or publish, or caUse to be printed or
p published in this province, any newspaper, pamphlet, or qther paper containing public new* or
iintelllgciiee, or serving the purpose of ' a'news|>aper, or for the purpose of posting or general
circulation in detached jjieces as such newspajier, until an affidavit or affidavits, or affirmation
or affirmations, mudp and signed as hereinafter mentioned, shall lie delivered to the clerk
or clerks of the jieacc for the district in which such newspajier or pamphlet, or otiier paper,
shall be printed or published, containing the several matters and things hcieinafler for that
purp*)sc specified and mentioned.
And be it furttier ordaine<l and enacted, by the authority aforesaid, that such affidavit or
affidavits, affirmation or affirmations, shall specify and set forth the real and true names,
additions, descriptions, and places of abode, of all and every person or persons who is or are,
or who is or are intended to be, the printer and printers, publisher and publishers of the
I new8j)aper, pamphlet, or other, paper jjjentioned in such affidavit or affidavits, affirmation
; or affirmations, and of all the uroprietors of the same, if the number of such proprietors,
exclusive of the printer and publisher, does net exceed two ; and in case the same shall
exceed such number, then of two such proprietors, exddsive of the printer and puWialier,
and also the amount of the proportioned shares of su^Tpropnetors iii the property of the
newspaper, pamphlet, or other paper, and the true description of the house or building
wherein any such newspaper, papiphlet, or other paper is intended to be printed, ami hke-
w'xac the titles of such newspaper, pamphlet, or other paper.
Provided always, and be it further ordained and enacted, by the authority aforesaid, that
In every case where the number of such proprietors, exclusive of the printer and publisher,
does not excet'd two, the names of two proprietors the amount of each of whose, pro-
nortional shares in the property of such newspaper, pamphlet, or other paper, shall not
be less tlian the proportional share of any other prowietor, exclusive of the printer
and publisher, shall be specified and set forth in such affidavit or affidavits, affirmation or
affimations.
And be it further ordained and enacted, by the authority aforesaid,, that an affidavit or
affirmation, affidavits or affinnations of the hke import, shall be made, signed and given in
like mamier as often as' any of the printers, publishers, or propcietors named in such
affidavits or affirmations shalr be changed, or shall change their respective pla^ of abode,
or their printing-house, place, or office, and as often as the title of the newspaper, pamphlet
or other paper shall be changed.
And be it further ordained and enacted, by the authority aforesaid, that every such
affidavit or affirmation shall be in^riting, and signed by the person or persons tnnking the
same, and shall be taken by any justice of the peace Jor the district, in which s«ch news-
paper, pamphlet, or other paper shall be printed or publish)^
And be it further ordained and enacted, by the authority aforesaid, that where the persons
concerned as printers and publishers of any newspaper, pamphlet, or other such paper an
aforesaid, together with such number of proprietors as are hereinbefore required to be
named in such affidavits or affirmations as aforesaid, shall not altogether exceed the number
of four pergons, the affidavit or affirmation hereby require d shall be 8Wornj>rjffiiuied,^n^
'igned-by-nH the sjm^perBoiwwtoDBre adoltr; MMl»hffi^^ perscnil
shall
AFFAIRS oi^ LOWER CANADA, &c.
hi
( Special Council.
LOWEK
CANADA.
he or they ar« 10 named therein ; unil in ca«^ of nefflect to .'ivc such nJ^rP ,»T„. Ii '
said, that if ^y person shall
"*^ and ^ubliahcd, or shall
sell, vend, or deliver out
affidavit or affirmation
to be therein contained,
id as often'iis by thiH"
ordinance to be done or
performed, such person
loM the sum of 30/.
And be it further ordained and enacted, by the a
knbwmgy or wilfully print or publish, or cause
knowingly and wilfully, either as a proprietor tliere
any newspaper, pamphlet, or other such paper a''
containing such matters and things as arc required
not having been duly signed, sworn, or affirmed
ordinance is required, or any other matter or thjpg
performed atcording to this ordinance not havin*
shall forfeit and lose the sum of 6 /.
suZZavits or Iffi^-.-C '"'. °' "^^^ " afori«?d, whicWshall be mentiqUlC*
sucu amaavits or afbrmations, or touching any pubHcatiott matter or «hln<r - M^^y '-'
de vered as aforesaid to have h^Pn iZ. ," ■ ,'^**'" *" .^^y 'ormtr affidajrit or affirmation so
.uch newspaJerrpamph?etrorottnZrE^'h:X'"'"'K°J. P^^il'?*"" °' Publisher, .pf
shall llnowi^giranrefS nrSor oUsKr*' ■««» ■";««« a«y pe«on or persons
suchnewsDaMr nRm,,!. 1, „, '^.it P""*''". or cause to be printed or publ shed, anv
aforeSK'er^oft' "°T'P?P*' " aforesaid, not eontiining the' particulan. as
^riJ^<^rp=:d!Sn^^^
NX
f,;
A
68
LOWER
( ANADA,
iVo. 17. .'.
Sir J. L'olboriie to
Lord Glenelg,
7 -May 1838.
End. ?, in No. 1 7
CORRESPONDENCE RELATIVE TO THE
other Mii^-^aper so printed or ptiblished as aforesaid, shall be deemed and taken to be
"prpoTtfiat such party is a person wilfully and knowingly printing or publishing the lame,
" or causing the same to be printed or published, unless ne shall satisfactorily prove the con-
trary thereof.
And be it further ordained and enacted, by the authority aforesaid, that it shall not ^
necessary, after any such affidavit or aftirmation, or a certified copy thereof, shall have b6en
prodnced in evidence as aforesaid, against the persona who made and signed such affidavit
or affirmation, or are therein named according to this ordinance, or any of them, and after
a newspaper, pamphlet, or other such paper as aforesaid, shall b« produced in evidence,
intituled in the same manner as thfe newspaper, pamphlet, or other paper mentioned in such
affidavit or affirmation, or copy is Intituled, and wherein the name or names of tl»e printer
and i)ublisher, or printers and publishers, and the place of printing, shall be the saine as
the nametor napies of the printer and publisher, or printers and publishers, and the place
of printing mentioned in such affidavit or affirmation, for the plaintiff, infonnant, or prose-
cutor, or person, peeking to recover aiiy of the t)enalties given by this ordinance, to prove
that the newspaper, pamghlet, or paper to which such suit or trial relates, was pur-
iliased at any house, shop, or office iDelonging to, or occupied by the defendant and
defendants, or any of them, or by his 0^ their servants or workmen, or where he or they,
by themselves, or their servants or wM-kmen, usually carry on the business of printing
or publishing such newspaper, pamphlet, or other such paper, or where the same is usually
sold.
.\nd be it further ordained and enacted, by the authority aforesaid, that the clerk or
clerks of the peace of each and every of the districts of this province, by whom such
affidavits and affirmations, or any of them, shall be kept according to the directions of this
ordinance, shall and theitare hereby required upon application made to them, or any of
them, by imy person or pffsons requiring a copy, certified according to this ordinance, of
any such affidavit or affirmation as aforesaid, in ord^r that the same may be produced in
any civil or criminal proceeding, to deliver to the person so appljring for the same such cer-
tified copy, he or they paying (or the same.the sura of i«. and no more.
And be it further ordained and eqacted, by the authority aforesaid, that in all c^es a
copy of snch affidavit or affirmation, cBrtifietl to be a true copy under the hand of the clerk '
or clerks of the peacejwssessing the sa'ine, shall be received m evidence as sufficient proof
of snch affidavit or affirmation, and that the suine was duly sworn or affirmed, and of the
contents thereof, and' that such copies k) produced and certified shall also be received as
evidence that the affidavits or affirmations of which they purport to be copies, have been
sworn or affirmed according to this ordinaWe, and shall have the same effect for the pur-
poses of eiHdence to all intents whatsoev* as if the original affidavits or affirmation of
vliic'h the copies so produced and certified shall purport to be copies had been pro-
duced in evidence, and be«^ proved to haVe been duly so certified, sworn, and affirmed
by the person or j)er8ons appearing by such fcopies to have, sworn or affirmed the same as
aforesaid. \
.And be it further ordained and enacted, by th6 authority aforesaid, that all fines, penalties,
and forfeitures shall be recovered by actionof atbt in the Court of King's Bencn lor the
district in which the oflence or offences against the provisions of this ordinance shall be
committed, and that the money arising by all such^nes, penalties, and forfeitures fthall be,
jSS to one moiety thereof, to and for the use of our SOivereign Lady the Queen, i^er heirs, and
Micces«)rs, and as to the other moiety thereof, to laM for the use of the per&n who shall
inform or sue for the same. f \
And be it further ordained and enacted, by the authority aforesaid, that this ordinance
shall continue and be m force unti.1 the Ist day of NovAnber, which shall be in the year of
our Lord 1B40, and no longer. 9 \
J. Colborne.
F.ncl. P, in H
Ol|dained and enacted, by the authority aforesaid, and passed in Special Council, under
the great seal of the province, at the Government-house, ir^ the city of Moittital, the 4th
day of May, in Ap first year of the reign of our Sovereign Lady Victoria, by the grace of
God of Great Bi^n and Ireland Queen, Defender of the Faith, and so forth, in the year of
our Lord 1H38. \
By his Excellency's command, \
Wm. B. Lindtaif^ Clerk Special Coupcil.
«»
i
iclosure 8, in No. 17.
Anno Primo Victoria Reuin«.
Cap. 21. — An Okdinaii^ce to auiborize the Payment of certain Monies due. by the
Commissioners fo^tfie Erecti^^f a Common Gaol in the District of MontroaJ.
1»_ WiiBBEAs it is expe<lient to appropnVte certain sums of money to pay certain sums due
— '^ad owiof by the commissioners ter the ferectioa «f « fiommon gaol in toe diswct of -Mflfc-
treal, appointed under and in virtue of an\ Act of the Legislature of this province, paMed m
the
'/
' certain 8um« due
AFFAIRS OF LOWER CANADA, &c.
59
I-Ovvi:r
CANADA.
No. 1 ; .
Sir J. C'olborne to
it therefore ordained a.Hl enacted Tv iLfvP u""' '." ''"^ ^"'''"=' °*" Montreal;" be
the said province, authorize to ex^S^ Zfr"^- '^^ '"'"IT"-"'"^ of the government of -o. . 7
with the advice L,^ oonsm o^Kl ! P "'t'f " *!' "'« «°vemor thereof, by a.,d Sir J. Colbor'n
constituted a,d asBelbled by vi tue an^ ?,n.f.r^r""l/"' "'%«f»if» "f the said province" Lord Glenelg,
the ll>nted Kinsdoi of (ireatXt'ln a.uMr I , """"'".''' "^^ ^"^ "^ "»« P^liLent of 7 May ,838^
Her present MajestT i. tituM ■' An A J^ 'r^'and. passed .n the tirst year of the reign of . .
of L^wer Canada fn d it il' ^,.rl > "'?''^ Temporary Provision for the Govemr^ent '^''- »' '" ^"- '7
that .t shall be fcf.tr ;U\Sor:tirtS reSr '' ""^ '""'""^'^ "' '""-^
government of this [province bv warrant or!^^^^^'^"'' P""" administering the
unappropriated mon^in^he'handrrtlwr ""^er h,s hand, to take out of a„^
be appli^ to pay tToibault and M r ,1, ■^'"^'*'"''"' '*"= '*"«' "^ I'**/, currency |[
assi^' a like7uJ'detlZn.V?"trd""rn:- '"''"■■ ••"".■ -P^-tatSf
34W. 5,. SJ. currency, to be Sed to X ^ iXrtTT'" ' *""* " '■"'"'^^ ^""' "f
representatives, or assicns a like «iin. ^.£7 I u . Morton, carpenter, or to his heirs
ther sum of 21..)/. TTrf.' cu rency to L ln^.^y "'" '"''* commiss.onem; and the f rl
or assigns, a like sum, due to him bv the s«,\l'o!^^t ' ' '"* ''*"^' representatives.
35/. !.,. orf. currency, to bfc applied to oav to ^lT^"*"iT' ■""• *''« '""'•ther sum of
heirs, represenutives; or assi™, a Hke s^.m d, ^. .'/^ ""k °,"'"*'"' ''•"'^ksmiths, or the"
the furtller sura of 100/ cuZf^v llvJ'i, '" "'*™ ^^ "'« ««''* ^commissioners ■ and
hein., rep,esentatives,T'ass"g,^^"^ay',.L°e s^m'^Su: t„'h'^l'°.^^".'''^"^' -«'"'«=<=', or totfs
And be it further ordain^^and ente^ 'hi 'll I ^^ "'^*""^ commissioners
tion of the momes app o;;iat^'' by tht^Act^£l'):i "'^ ''rLT'^' "«" ""^ '!"'' ''PP'i-a-
heirs and successors, 7hrough^eLrtclmUo^r.fT'^J^^ '" "" '^'"je^. I'er
t.n.ebemg.msuch manner f„dfonnastM^::rh:?i"^d^^^^^^^^^
J. Colbome.
the^.trslS -.<i passed .n Special Council under
of May, in the first year of tL"fei^. of our S? V''V''t'''y "'' Montreal, ti.e 4th day
By his Excellency's command,
■ W^ h. Lindsay, Clerk Special Council.
r
Prov
incc, and to
Enclosure 9, in No. 17.
Anno Pnmo Victori e Regin*.
Cnp.2..-A^ OHn.s..cK to prov.de for the better Defence of th.s
regulate the Militia thereof.
^^X^l^^:X^tr:^'^^ ^'- -"P'-^tion of the eflective male e„H .
mnn„.ent danger thereof, and Ibr VhelSte'r ^cur tl of n"i;V""*'r"' '"f"^"-'<^tion, or of the ""''• ^'
of i-cace; Be 't Uierefore or.lained andenTctL b^K ^F ' m"' ordenand tranquillity n, time
vemment of the said province, auth frized K,""^;"^ Excellency the adnnnistr'atorotthe g^l
and with the adv.ce and consent of the Sr^.aTr^. „ . r "'T'^'^J' "^ Governor thereof, by
constauted and assembled by virtue and H h."!'/"': '^^ffl^i^^ «•" the said province
H ""^ '^""fi»'"'e«l-n "f GrLt BntaTn and IrelS ".itd'^ ".(""Z^' "'"«' P-'"»"-°t
Her present Majesty, intituled " An A ... ','""'' P»»sed '" the first year of the reio-n of
of Lower Canadi," Ld it is her.b; oii m^d'a^I S?7 ''r'*'"" '" "^ G-Sen
every able-bodied male inhabitant of this Drovi,?^„ «. .'^' '"> "'•= ^"thority albresaid, that
bemg a British subject, and Imving ,^s ded m tW * " '" y"""* "'"^ "'"1«'- «» >«*« of age
bemg in Her Majesiy's naval or m.^.Ury Sr ce ';r';°c;u"all "'""""'" "'^ "'»"'»"'' "-"l "o'
in the volunteer force of this province shall [« b^ll . "^ **"'»? °' «"«'»«d <"or seivice
of the province and of the public order and t™n-rf ." u "'' ",' " -""'tia-man for the defenc.-
from such service by law. ^ '"""* tranquillity thereof, unless he be specially eveillpt
And It IS turtlfer ordained and enacted hu .l.^ .1. . -
religious teachers, the ".embers and ^rnVf the /^"^"'■^''''^' """ "" ^''''^y'"^" ""^
thebpecial Council, of.he li«ecutive S^eilof thif^ *""" ?"'""^"' "^ "-^ As.imbly, of
coroner. constables,«and officers of the Z^ of us'^^^ITh ' ""^ J"«'g«*. advocates, sheriffs,
Pc~on adminisTering the government, a^ h1^ ZiTZ' It "^"'*^'^ "^ '^' G"^""""-. "r
i^eceiver-generol, the insp&tor-general of .ccou^r^.„ ' ^ '^'^^^ ""^ "»« Provh.ce, the
<j«p.s:t^.27Ks,Sa^rd ty^n:^ '^ PtTt^s**:^^—
357- ' ' "** Y y ''"'f-iwy. persons actually being in the
volunteer
II! Xii'. 17
/
/r
60
COKRESPONDEXCE RELATIVE TO THE
LOWER
' AXADA.
No. 17.
sir ,1. Colborne to
l.iinl (ilenelg,
7 Muy 1838.
F.r.il 9, in No. 17,
I ■^
#■
M
'Volunteer force of this province, and persons having served as officers in the militia or volun-
teer force before Ihc passing of this Act, physicians and surgeons, notaries, land surveyors,
ferrymen duly licehsed as such, millers, sclioolmastcrs having above 20 scholars in regular
attendance, stewarj)s of religious connnunitics, and all students attending in seminaries,
colleges, schools, and academies, and having attended as such students at least six months
previous to the time'.at which they might otnerwise be called upon to do militia duty, shall
oc exempt from servihg as militia-men.
And it is further ordained and enacted, by the authority aforesaid, that the militia of this
province shall be cotnraitnded by such officers as the Governor, Lieutenant-governor, or
person administering 4he government shall appoint ; and the persons enrolled therein shall
be formcil into compai«es and battalions in the several cities, towns, parishes, townships,
and extra-parochial' places and counties in which they shall be respectively resident ; pro-
vided always, that the ilaid counties be the counties described in the Act of the Provincial
Legislature of this province passed in the ninth year of the reign of his late Majesty King
George the Fourth, intituled, " An Act to make a new and more convenient Subdivision of
the Providce intu Counties, for thie purpose of effecting a more equal Representation thereof
in the Assembly than heretofore."
And be it further ordaihed and enacted, by the authority aforesaid, that the proportion of
the number of officers to the number of privates shall not be greater in the said militia than
in Her Majesty's army, and every officer in the said militia shall be resident within the limits
of his command.
And be it further ordained and enacted, by the authority aforesaid, that every captain or
officer commanding a company ofoiilitia shall, as soon as conv|uiiently may be, fix a time or
times and place fofjienrolling all the militia-men who reside wittiin the limits which shall be
assigned for his company by the colonel ot field-officer commanding the militia of the district
or battalion, of which time or times and place each captain or officer commanding a com-
pany shall give, or cause to be given, public notice at the door of the parish chnrch or other
public places of Divine wot^hip irithin the parish, township, or extra-parochial- place, on a
Sunday immediately after Divine service in the morning, wnich time of meeting shall he, if
in the county, either on a Sunday or holiday, or if in the cities or towns, on a day or day3
which in all cases shall not be less than seven days alter that on which the public notice
shall be given ; and every iiiilitia-man who, after public notice so given, shall not either pre-
sent himself in person, and give in his name, age, and place of residence, or cause his name,
age, and place of residence to be made known in some certain vroy to the captain or other
officer of the company attending at the time and place so fixed, so\as such militia-man may
be rnroUrd, shatl for such neglect incur the penalty hereinafter mentioned and provided ;
und every militia-man who shall remove out of the limits assigned fM the company in
which he is or ought to be enrolled, and shall not, witliin 10 days after his arrival at the
[ilace of his new residence, or where he shall hire himself, either present himself for enrol-
ment or cause his name, age, and place of residence, with that from whence he last removed,
to be made known as aforesaid to the captain, or, in his absence, to the senior officer com-
manding the company of militia of such place, so as that he may be enrolled, shall for such
neglect mcur the penalty hereinafter mentioned and provided ; and every person in this pro-
vince who shall not, within one month after he shall nave attained the age of 16 years, either
present himself for enrolment or cause his name, age, and place of residence to be made
known as aforesaid, so that he may oc enrolled in the company of militia of the limits wherein
his place of residence may be, shall for such neglect incur the penalty hereinafter
mentioned and provided ; and every man within the age above described who shall come
to reside in this province, and shall not, within three months after his arrival therein, either
present himself for cnrolnlent or cause his name, a^e, and place of residence to be made
Known us aforesaid, so as that he may be enrolled in the company of militia of the
limit* wherein his place of residence may be, shall, for such neglect, incur the penalty
hereinafter mentioned and provided ; provided always, and it is further ordained and
enacted, by the authority aforesaid, that the neglect of the person in either of the cases
hereinbefore specified, so to present himself for enrolment, or to cause himself to be made
known in some certain way, so as to be enrolled, shall not be construed to prevent the
captat^i of the company of militia of the limits wherein the place of residence of any such
person may be, from entering the name, and such captain is hareby required to enter the
name of every suqIj person as shall come to his knowledge upon the roll of his company, and
when so entered, eVery such person shall be subject to perform all and every the like militia
duties, and under the same penalties, as If he had |M;rsonally presented himself for enrolment ;
provided also, that if any difference shall arise betwixt^ captain and a militia-roau, touching
the age of such militia-man, it shall be incumbent, on the said militia-men to prove his age.
And be it further ordained and enacted, by the authority aforesaid, that the officers by
whom such enrolment shall be made, shall, at the time of making the first enrolment, give
sufficient notice to each militia-man of the time and place appointed by law for the ensuing
muster.
.And be it further ordained and enacted, by the authority af(i|tesaid, that tlie several companies
of the said militia shall muster annually on the SOth day of JuAe, between the hours of 1 1 o clock
in the forenoon and noon, at or near the church in their respective parishes or townships, or
extra-parochial places, or, if there is no church, then at some other place within their respec-
tive parishes, townships, or extra-parochial places, of which sufficient notice shall be given ;
an d in ihf f ities nf <jii>>mv ami Montronlj and Town fif ThrfP Rivers, the saiH muster shall
be hehl at s^n o'clock in the mominr, and a true return of the fnilitia-mcn present at everv
AFFAIRS OF LOWER CANADA, &c.
61
LOWEJl
CANADA.
No.
to
sueli muster, shall be made without dplav tn tho n,^.,„™,„- ....
ment, by the commanding oCerof the lanSio.?to?J.ir T°" '»'^""."'«tl"ng the govern-
S3.:?" "' =■"*' "'. -rricr;i?zrss;5f s^^^^^^^
exceedm.r one-tifth of the wlmle, who shall be drawn by ballot o7 co_H«l T.^'^'
creUon ofthe officer.comnianding the battalion, for The Durwie of h^?n w ^!l "' *j^ uT,
' 3 poces,
«..' «*
■ /-
6«
LOWER
CANAOA
No. 17.
Sir J: Colbornu ti^
Lord Glenelg,
.7 Ma) 1838.
End. 9, in No. 1 7.
CORRESPONDENCE RELATIVE TO THE
poseii, and .simll be acccmuted for in such manner as the Govt-mor or pei-son adminigtcring
the govvnmient shall direct, and an account of all sums so rfceiVod, and of the manner in
which tlie same shall have been applied^ »hall, when required, be submitted to the Governor
Lieutenant-governor, or person administering the government ol' the province.
Ami be it fiKlher ordained end enacted, by the jiuthority aforesaid, that an ordioanpe of the*
Governor and Legislative Council of the province of Quebec, made and passed in the 27th
year of the reign of his late Miijesty King George the Third, intituled, " An Ordinance for
regulating the Militia of the I'rovince of Quebec, and rendering it of more general utility to-
wards tlie preservation and securitv thereof ;" and another ordinance of the said Governor
and Legislative Council, ^jiide and passed in the 20th year of tlie reign of the'Said late King
Georire the Third, intituled, " An Act or Ordinance to explain and amend an Act, intitpled,
' An Act or Ordinance for better regulating the Militia of this Province, and tendering it oi"
more general utility towprds the preservation and security thereof," be repealed, and the
same are hereby repealod for and during the continuance of this- ordinance.
And be it fnither ordained and enactnl, by the autliority aforesaid, that the due applicatioii
of ull monies received under the authority 'of tliis ordinance shall be account9d Inx to Her
Majesty, Her heirs and successorf, through the Lords Commissioners of Her Majesty's Trea-
SU17 for the time being, in sijch manner and form as Her Majesty, Her heirs and successor*
shall please to direct. ? . '
And be it further ordained and eiiacte<l, by tlie authority aforesaid, that this ordinance shall
remain in fcn-ce until tlie Ist day of May 1B40, and. no longer. '
. J. Colbome.
Ordained and enacted, by the authority aforesaid, and passed in Special Council, under
the great seal of the province, at the Government-house in the city of Montreal,, the 5tli day
of May, in the first year of the reign of our Sovereign Lady Victoria, by the grace of God
Queen, defender of Uie faith, and so forth, in the yeatof our Lord 1838.
ifffn
By his Exccllettcy's command,
W. B. Lindsay, Clerk Special Council.
End. 10, 111 Nu
I-
i
Enclosure 10, in No. 17. ., '^
/ Anno Primo Victohi* Regina;.
j|,Cap. iiJ.— An Ordinance to authorize the Commissioners appointed under a certain Act
W of the Legislature of this Province therein mentioned to borrow a further Suniof Moiiev
t(7 be applied to the Improvement and Enlargement of the Harbour of JtfWtreal and
for other purposes. y''^ '
Whereas it is necessary to provide further for more fully carrying ii^o effect a certain
Act ol the Legislature of this province, passed in the Iflth and lUli year* of the reign of
His fete Majesty George the Fourth, intituled, " An Act to provide for the Improywnent
and Enlargement of the Harbour of Montreal," and a certain other Act of the Legislature of
this province, passed m the 2d year of Uie reign of His late Majesty Willjam the Fourth
intituled, " An Act to authorize the Commissioners appointed under a certain Act theivin
nicntioned to borrow a further Sum of Money, to be applied to the Improvement and En-
largement ol the Harbour of Montreal, and for other purposes ;" be it therefore ordained and
enacted by the Administrator of the Government of this province, authorizail to execute the
(oniniission 0' the (jovemor thereof, by and with the advice and coiiSieht of the Special
Council for the aHairs of the said province, constituted and asssmbladb^virtue and under
the authority of an Act of the Parliament of the United Kingdom of Great Dntain and Ireland
passed m the 1st year of the reign of Her present Majesty, intituled, " An Act to make
limporary Provision for the Government of Lower Canada ; ' and it is hereby ordained and
eiuictcxl by the authonty aforesaid, Uiat it shall be lawful for the commissionen appomted
under the authority ol the said Acts, for the purpose of dcfrayiri»r the expenses attenidfinc the
exr.ution of the work mentioned in the said Acu, to borrow, wkh the approbation and con-
sent ol his Excellency the Governor, or the administrator of the government of this pro-
vince lor the time being, from time to time, at the legal rate of interest, or on more advanta-
geous terms it it be in their power, and as the same may become necessary for the purposes
aforesaid, any sum or sums of money not exceeding in the whole 40,000 /. currency overand
above the sums which the said commissioners are by the said Acts, or by a certain other Act
of the said Legislature, passed in the .1st year of the reign of His late Majesty King William
the tounth, authorized to borrow for the said purpose.
And be it further ordained and enacted, by the authority aforesaid, that it shall and may
be lawtu for the said commissioners, from and after tlie passing of this Act, in tlie improve-
ment and enlargement of the said harbour of Montreal, to proceed to the entire execution of
the plan of Captain Piper, of which menUon is made in the ad section of the aforesaid Act
Ijrst above mentioned, and to the completion of all and every the works which may be neces-
sary for such entire execution of the said plan.
And be it further ordained and enacted, by the authority aforesaid, that it shall and may Ije
awful l o r the n ai d c ommissioners to ci^ rry on th « U v nl nl' f '."ninnw i m wir -stiiwt . nnf thrW^
lonfation
&'
AFFAIR^ OT-LOWER CANADA, &c.
65
hat this ordiaance shall
J. Cotbome.
LOWER
CANADA.
hir J. Colborn* tu
Lord Glenelg,
7 May 1838^
^
longationi thereof, according to *he plan ind level of Captain Piper hereinbefore mentioned,
propnetow of buildrngj, and d*ellmg« for any injury or damage which they may iu>tain in "^
consenuertce of such alteration in the levels. - "« . J ay »u.uiiii in
And whereas it m expedient that provision should bo made foi^e due payment of the
interest of |the money «o*born,w^ until the work shall V executedlL wharfaTand other
dues collected out of which the said interest may be piti.; be it th~fore fuXr ordained „ ,
and enacted, that it shall be lawful for the Governor, Lteutenant^ovemor, or^eiBon admi- Eud. ,o,,n No. .7
X^n *'"'.;Sov«njnui„t of this province, to authori^, by wa^nt under ills hand, the . ' k
hids^ the H J'.'"iT™"".'""'"' "* T'^ ""■"" °"' °f "«= unappropriated monies' in the •
theii,! in LJ! 'l'^*!!"^' *' ""'^y, necessary t.. enable the .laid coramissione™ to pay
thcsaKl interest? and such advances shall be made in the months of January and of July in
each and every year, and the said commissioners shall immediiitely pay over the sums of
money so advanced to the persons to whom such interest may be due.
utihlv l^r^"" " """^ \ <le«ned necessary and expedient for the greater improvement, *
^hll' ^A ^"""^"'f """^ 1*''" "?"* •'"•^"'■' »"<* '»' *''« •no"' """y communication between
*n the Wh ^"1 ''^■'fK"''.^M'' «*?'" d''«"*ng-l""»e?< land, and premises erfected and being -
«ho nfl he f V^^ .°''' *'l''''«VP'''"i ""'' '^'''"^•'" »■"= -aid nuirket-place and the riv#^ .
^r, nf fh^ .i"! . and vested in the said commissioners, ahd their successors; for the pur-
J^ntr.,m« ♦ ""It A ?nV**'*'t-°'I^J'r^^ ' ?"*• "'^ *''"' <=«rtain pieces and parcels of (and -
contiguoas to the said harbour should be in like manner purehasafand vested as aforesaid,
the .l^nZ"" widening and prolonging the street called Commissioner-stteet, in front o f
Ir^ herphv . ^°"""'«f'>T'' "^ ^^"'^ *««:e«9or«, at any time or times^hereafter, may and they •
are hereby authorized and empowered to contract, com,M,und, compromise, and agree with
onaTd o7anv ..^hT^K "'^'^ T** '**«"'"g-';o"».eB, land, and premises, pieces an^arcels
?,,rrnler'rt''' ""''r ff '"" ?"'' '^''.'•P"™*". guardians, curators, fiduciary legatees, •
am trustees whatsoever, for themselves, their heirs and successors, and for an.I onlehal f
llt^r "'''°"V''*y ^'■Pr«ent. or for Whom they act, whether infants, lunatics, idiots, /e,««te
of^r , ; ,7 r '" •'T." °!:,P"''°"» vvhonisoever, who are or sliall be seized of, or possessed
1'° , . '*'«=';, dwelling-houses, land mid premises, pieces and parcels of land as
aforesaid to contract for, selUnd convey the same to the sai.i commissioners anil their siic-
sarjartieVriSy. '""" °"°"«''^''"'"»"' '« ""y be agreed, upon between them the
.hi^-'llr" '^ '"'^'''"' "«''''"•'>' "nd eni|cted,by the authority aforesaid, that in all cases where
the said^coamiissioners or their successors, and the said owners and occupiers of the premises
nrtr ."i' ""' ""^ •"""* ""''■*"'^' "''"" ""'• ^'y ^"'""tary agreement, settle and detenlaine the
™rt ,h ^T''^^ compensation and compensations, to be paid for the said premises, or any
fi!^l rT.^'f ''"ft""'.''"'"'^''' "'ra^nsation and compensations, shall be ascertaine.l,
hxe^, and determined bv the avyard of arbifi-ators in maimer following ; (that is to say,) the
i^d commissioners or,tlieir successors, shall ami may nommate and appoint one arbitrator,
heing an indifterent and disinterested person, and the *ud owners or occupiers respectively
,1.'!. .J^"I "'»""'«f ^'d "PP"'"} ""^ <"■ °tl»er arbitrator, being also aS indifferent and
iJu 1^ P^"^"' """^ ^V^"^ '*° arbitrators, before proceeding to act as such arbitrators,
shall andHnay apooint a (iiird arbitrator, being likewise an inliffereut and disinterested
person, which said three arbitrators, after having been previously sworn before one of the
C^^Z . .V . *^ of King's flench for the district^.qffiontreai; well, truly, and honestly
^Jll f .1 ! '""' "l"* f "'y f f'b.trators as aforesa|^»nd after notice to the parties respec-
tvelyof UieUmeaud place of their meeting) shall pft^eed to ascertain, fix, and detenJiine '
n .LT *"" P""^""' «»"'ltT"*^;i "' compensations, to be paid by the said commissioners,
I.r»!L IT' «"<='• dwelling-bouses, land, and premi«.g.,piece8 ami pareels of land '
aforesaid ; and he award of any two of the said arbitrator., to ^ named anJ appointed as .
BtoreMiid, m and respecting the premises aforesaid, shall be final. i6«i»
■^And be It further ordained and enacted, by the authcjity aforesl^^iat in case the sai
o, r^? X. '"r °1 "•* ""•* ,«|well.ng-J,ouses, land, ffemiscs, pieced and pareels of Ian,
or any of tlHsm, after due not.cft uJxhis behalf from the said commissioners, or tW successor*
ihall refu«! or neglect to name and appoint an arbitrator as aforesaid, being an indifferent
^ul .IT n"*^ P*™"" f "foresaid, or if the two arbitrator named and apw)irited as afore
Mjd should refuse or neglect to name and appoint a third arbitrator as afoiSaid, it shall be ' "
d^rtrii ^f'wi?" "'i' '*''P*'"T«'y ^ <«'« "i^the justices of the Court of King'. Bencli for the
r^l / M*'"*'' °" "PPlicatiou m this behalf by the said eommissione«. or their .uc-
^^:^ "T i'"!? ^JPP"""* rl*"^ "'' ""='' °*"" "' »*•'="?'" »° refusing Of neglecting, an
ou^h?.^ h i"i!^' V' ^\ *^'"* "'bitmtor, to «.pply tTe place of the nomination which
3 .h^l^I .^ """*' r^ "'«>"» arbitrators previously appointed; and the arbitrator
W„ TnJ^. ? ' *° a* aforeudd to be appc^terf by such justice ad aforea^d, after having
dZ .T.^^"*. '^ "*T.u''L 'T J"'*"*' "'"''^'^"'y. and honeatly to execlue Jhe trust anl
in L nrl.^ ' t".i "^ "'?"?'??',•" '»''""»*id, idiall have the>ame power and authority
h.r,^7hTr''rj^i^'" '*"^ ••"" '"""' "■« »"»« '■"''=« ««J effect as ihuch arbitrator aqd
scr^ as^f^lliS "^ " 'PP^'"*** '" *•"= manner in the preceding section pre-
,«™ *! *** ■ ' ■""''*'' "''''""«*' »"d enacted, by the authority aforesaid, tliat on payment of the ^
r.^a^ ■g"!!?'' ?"'P'.".*f^°" "' compenMtions^to be fixed and determjjied 4s kforesaicLor ^f_
o^ ^ w^tecf to accept theTiame, on the depoait thereof in the hands of the ."
•'•^'' " 14 prothoQotary
^
% ■ 'li'
<:
LOWER
CANADA.
No. 17.'
Sir J. Colborne tn ..
Lord Glenelg,
7 May 1838.,, .
£ncl. 10, in No.'i7,
\
CORRESPONDENCE RELATIVE TO THE
prottMHiofaiyof thk ^id Court of King's 3cnch for the district of Montreal
the person or persob entitled to the/aM0e,.tlie right of property, title, and intei
such dwelling-houses, land tuid pra||weg, pieces or parcels of land, for wf"'
dt prices, compensation or com{>enaHiong, nhall be payable, shall be dives]
owners and occupiers thereof, and thefl^me shall become and be vested in thi
sioners and their successor^ fpr the pw^ses of the said Acts and of this ordini
And be it further ordain^#mnd enacted,, by the authorit^^ftforesaill that it
be lawful for the said commissioners, ot^itheir success^, to pay suA^rice ani
pensation and epmpenskibons, as aforesdl§, to be agrel^upqii)^ fixed, 1|^ determii
said, fron^.fnd out of the sum and sumaiiif money to tw^qUrowed as a1||pgaid,
of the pro^Sions of this ordinance. '?';l, --"-^'iM '"*««* ~ -
And ,it is further gained and enacted, % file authdri^pM^said, that uilaud application
a the ihonies appropriated bvthis Act 8|ii4^bb» accoun't^'{^tJ$ Her Mdjesty, Her^Peursand
;cessors-,' through the Lords CoqHnissi^kie)^ of Her Majestf-s Tr^gury for the t'nnii^llbing, ^ J
in^such manner and form as Her MaJ^ty, ^er hillt» and Bucc^|ii!K>rsj^|||[iU'dirf|j^,|»nd tlukt a i^.q
expenditure of all sucftfiinonies shaliite Rl
- ' ■'- '**^ nrSfthii
ministering '»e government
\\ and every year.
a^iwiaid, and passed in speci&t J&oo^il^'umler
ipent-house in the city of Montreal, the 5th day
r. Sovereign Lady Victoria, by the grace of God
lerof the F^aitb, andsp forth, ini^eyear of our
f iWPy '*'* Excellency's command, '.- ,'
; Xy Wm. B. Lindsay, Clerk ^ial Council.
1^^
Enclosure 11, iu No 17.
Anno Primo VjcTori* Reuin£.
Cap. 24.<^An Ordinance to authorize the Incorporated and Cliartered; and other Banks
, in this Province to suspend the Redemption of tlieir Notes in Specie, under pertain regu
t lattons, for a limited ti'me<
'Whereas the banks of the Upitad States of America and of Upper Canada have gene-
rally suspepded, and contmuc to suspend the redemption o£^ their notjss in specie, and by tjie
^s,lawi of those gountries, British gold and silver coins are current at a higher value than they
are by law in this province : Ana whereap it is necessary to protect the banking institution*
* .' in this province from the dfuiger to be ajjprehended from the withdrawal of the British gold
and silver fcoins and other specie therein, whi^h would result if th^ said banking institutions'
should be bdund to redeon their notes with specie, while the notes of the said banks of the
'i United States and Upper Canada «fe not redeemed in like manner : Be it ordained and
" ■ enacted by the administrator of the government of this province, authorixed to execute the
commission of tlie Governor thereof, by and with the advice ahd consent of the Special
, Council for the affairs of the said province, constituted and assembled by virtue of and under
^ •■'■■% the authority of aii Act'of the Parhament of Ofeat Britain and Ireland, passed in the first year
T^CTthe reign of Her present Maji^ty, intituled, " An Act to make Temporary Provision for the
, ■ trovemment of Lower Canada; " and it is hereby ordained and enacted, by the authority of
the same, that any bank in this province now incorporated or chartered by any ordinance or
law thereof, or by royal charter, which has heretofore ceased, or which shall cease to redeem
its notes or other V^'lities in the current coin of this province, shall not in consequence
thereof be compelled to cease its banking operations, or be deemed to have ijprfeited its
ordinance, act, or r6yal charter of incorporation, or be rendered liable to "*"
penalty, or forfeiture by reason of its having ceased to redeem its notes and li
current coin as aforesaid, anything, or any ordinance, or law, or act of inc"
province, or in any royal charter, of such bank, to the Contrary notwithsti
that it shall appear pi°operj|^e Governor, Lieutenant-governor, oreersoni
government of the Pfo^i^^fiMjl^ %Vivh banks should, under ther ci
them, be allowed to confin^HKr business of banking, ttOtwithstai
cash; payments, in wliicl^|H||p shall be lawful fertile Govemoi
■per^n administering the goVernm*nt of the province, in Council, to
to that effect, Which shall b* published in the Quebec Gazette,duri^
pensiaD.of cash payments; and/ such order or minute^ of the Governi
or panUn administrating the^ government of the province, atid Council,
of savffl^ such bank from' aiW forfeiture of the rights, benefits, or privile^
tages conferred on or granted to it by any ordinance of the Governor ai
for the affairs of this province, or by any act of the Legislature olthis pi ^
charter, by reason of their suspRision of cash payments, before dr after the .
order or minute, and from any and everjr penalty or disability which vfould or mignt other
WBc eniue tfifreoh r Snd provided nIk>7lnatsticfibnrikBlia}l;TrithiT»petifioff
l^sability,
lawful
of this
ipvided
ng.the
AcTosed "by
pension of
'ovenior, or
iprder or minute
of such sus-
ivemor,
le effect
advan-
Council
liy royal
ig of such ,
W
AFFAJRS^OF LO\Ver CANADA. &c.
6i
j^al Council.
LOWeil
CANADA.
il^ r,tn«7„„ T '" ""' '^'"' f "f'^c-aid. -^nd whensoever afterwarxl, during the time of
ZrZZ fP^'" "' '"''' Poyn™**. tfie 8ai«e shall be required, renleruntrthe ■
tt of he affa roTI{;r;»7 l^T" '«'">!"i«t^"nyb^overnn.lnt of tto p^vince a No. ,7. :
*ron. the net orofiU in l.lnH .h" K r""""',"^^ »"'«»« part, the amount of notcn' ip Sir Jadbor'ne .0
^ankdi8tLSnl\u*^'^'?^ ''"*''"»'''"•'»"''«' a-'J^W^cash LordGlcneIg, " ,
C nf 1,^ . S ''"P'!'"* ,'^'»""S 'nterest if any there be, and omthe otheV part 7 May 1 838.' '
S^ftlfrC •'"""'• T^F^"^ '^'^ ""^'^^ •'"'"»"'" the vaults of thes^d b^k ' —
.Td courts on "^rn^'rl" ""y T*!""* '*T"'L'"" "^^ •'« hereinafter brought n any of tt
irunSfit-^irraLiiE^'"^ '" ^-'" »^''°" ''--' ^^- ^^-'-- ott
Itinul^ce'^f'tl.S"^" ""''''"*'' '^'^ ''"''*^'*^' ^y *■■« ""'hority aforesaid, that durin- ti.e con=
a :ht Taif Z: wVfXKo ^'''^ be prosec/ted aga.nsi any of [h'e'aSerd
Hbl'bttto^':;:^\1?^'*'T ""*""'"«^ '^'^ suchaction or £
that any p^KeedwRs .hould be had fo. suek*.m™.„ it shall be lawful T ^cTeiurTfo'
/^
Je-
suit for such iVecessary purnose only :
. ..against any such bank in any actwn or suit
the ftmniint At aii/ih JaU#\<^.» .i»„.»»^ ai._ .-h .• . . il<
which shall be brought for the p
for'the'^„)^'f *'"'J!1?^''**5 "" """"P* •*"'"' "^ "^ opm-ort that the same was necessary
And be it further onlained
the said incorporated or chai.
orduiance, continue their busin
'I
.133".
, the authority aforesaid, tUit
this proviusf! shall, under tire
— ithjut pay in g theijnot^^ in
J»-
[o*hij(isany^
irovis/ohs ^^f 'niia '■■
the
It./
66
CORRESPONDENCE RELATIVE TO THE
I.OWEH
CANADA.
No. 17.
Sir J. Cnlboriic to
Lord Glenelg,
7 Ma> 1838.
5f
*
I
If / ■
Uk ■' '■'
\l
f
the total amount of the notes of such bank in circulation shall not at any time exceed the
amount of capital stock of such bank actually paid in.
And be it further onkfncd and enacted by4he authority aforesaid, that during the time of
such suspension of specie or cash payments it shall not be lawful for any mcorporated or
chartered bank in this province, which hath suspended or shall suspend specie or cash
payments to sell any portion of the gold or silver whidf may be m its possession, or to make
kncl. ii,in No. 17. any other' disposition thereof which shall diminish the amount according to its legal value,
than by paying in change the fractional parts of a dollar,
And be it further ordained and enacted by the authority aforesaid, that all and every the
provisions In ttts-ordinance contained shall and may extend to a certain assocmtioii carrying
on the business of jbaiiking at th4 city of Montreal, under the name and firm of Viger, Dewitt
k Co., and coronninly called the " People's Bank," or " La Banque du Peuple : provided
• always, that in addition to the statement and statements required by the first section of thw
ordinance, the said~ association do furnish, under tHe oaths therein expressed, a list of the
names, places of residence, and additions of the fcopartners and stockholders ot and in
- the said association ; with the number of shares aul amount of capital stock subscribed by
« " ; each of them respectively, and tiie amount of stock, capital stock, by each of them respectively
actually paid in ; and distinguishing also in such list, of copartners and stockholders the
names of such of them as are the president, vice-president, and directors of the said
, association.
'■ ^nd be it further ordained and enacted by the authority aforesaid, that all and eVery the'
provisions in this ordinaju-e contained shall and may likewise extend to a certain association
or joint-stock company, established in London for the purpose of carrying on the business of
banking in the provinces of British North America, uitder the ilwne or title of " The Bank
of British North America," and whereof a branch has been estaBlished in each of the cities
of Quebec and Montreal: provided always, that in lieu of the statement and statements
required of the other banks by the first section of this ordinance, the local directors and
" inanatrers of each of the said blanches shall furnish, under the oaths of three of the said
, local dii-ectors and of the njanager respectively, a true and faitWul return of tiie aflairs o(
each of the said branches in conformity with the Schedule (A.) hereunto annexed.
And be it further ordained and enacted by the authority aforesaid, that it shall be lawful
for the (Sovemor, Lieutenant-governor, or person admimstering the government of this pro-
vince, in Council, whcii it shall appear proper and advisable to his Excellency the Governor,
Lieutenanf-govemor, or person administering the government, and Council, at any time
during the suspension of payment in specie by any of the said banks or associations m this
. ordinance mentioned, to revoke the order or minute whereby any of the said banks or asso-
' ciatioiis were or was allowed ""to continue tlieir business of banking, notwithstanding their
suspension of cash payments, and that on the expiration of 90 days from and aftepj^ pub-
lication ill the QuebcA Gazette of an order or mmute to that eflect, of the Gover^P'.'Lieu-
Unant-gover^oTr**JHlson administering the government of this province, in Council, the
bank or banL, associjion or associations, in the last-mentioned order or minute specified
and described Shalh be divested and deprived of all and every the benefits, rights, pnvileges,
and HdvantngA, which they or any of them before that time had and possessed under the
-~ prtn isions yf thVs ordinance : and that from and after the lapse of the saFd space of 60 days
after suck pubUcatiofi this ordinance shall tfe of no force or effect whatever, as to the said
bank or»l)anks, asstK-iation or associations, specified,, and described m snch order or minute,
^ 01 as to the notes issued by them, or any of thA;. or other their liabilities, according
' to law. . ' ' \.
And be it further ordained and enasted, by the authority afotesaid.'that if any (.erson shall
knowingly swear falsely in any matter stated by him on oath under the provisions ot this
ordinance, he shall, on "conviction, be deemed guilty of wilful and corrupt pei-jury. >
And be it further ordained and en'acteil, by the authority aforesaid, that this ordiuaiice
shall continue in force until the Ist day of June 1U30, and no longer: provided always, that
, ,1 shall and may be lawful for the Governor, Lieutenant»govemor, or person adnijtiijtering
the -government of this province, by and with the advice of the Executive Council thereof
by Ins priK:lamation under the great seal of the province, to declare that this ordina^icc, and
v' all the provisions thereof, shall cease and determine at any time befi^! the lapse of the
period aforesaid, but not less than two months fi-om and after the date ^dd pubhcatipu ot t«e
said proclamation.
\
\
• /
SCHEDULE
r
* ,
-^
time exceed the
AFFAlftS OF LOWER CANADA, &c. c?
SCHEDULE (4.)
ADSTR ACT from the Hooks 9f.tli^IU:)K of DrUUh North Amirua, MuiUrcal, exhibiting a
General lStat*ient of the Affairs of tliu Branch.
Gold and silver, an(
other coined metal
on hand - • . -
Bills and cheques on
banks in these pro^
vinces, and on oth<^ '
banks elsewhere
Amount oe nil debts due,
including notes, bills
of exchange, and all
stock and funded
debts of a«y descrip-,
tion, except the ba-
lances due from other
ohnks and branches -;
Balances due from oth<;i,
bonks and brNnch^'S •}<
. Heal estate ,- ^ -
£■ I. d
Capital stock. Amount
actually paid in
Bank notes in circula-
tion . - . .
Net profits onrhand
Balances due other
banks and branches •
Bunk ncccptunct^s out-
standing • . .
Cash deposits, bearing
interest . . .
C«»h deposits including
ail sums whatsoever
dlie froni the bank not
bearing; interest, its
.Wis II) circulation,
j>?1>^8 and balances
cxcep"t*«l ' .
Aitiount oP' dividends
unclaimed - . •
Sworn before me at Montreal,
lliis day of
/. CoU/ome,
LOWKR
CANADA.
Sir 'J. Colbofnii to
Lprd Gh'Hfflg,
7 May 1838.
E^cl. 1 1, in No. 17.
\.
afr"i^ o?thri'l'fnk''!;flU''"M''fh f ""• '""'*J5''8'^^"'l. belief, that the above statement of the
altairs o! tht Hank ot llritish North America at Montreal, is correct. 1
*1 ^ 4*V'*
Ordaiued atjd cnactod. by the authority aforesaid, iuid passed in Special Council, under
tht Groat Seal of the provmcc, at Urn Govertimcut-house, in the city of Montreal, the Sth
day of May, m the first year of the reign of our Sovereign Lady Victoria, by the W'"^^- of
God, of Great Britanr and Ireland, Queen, defender of Iho faith, ui.d so forth, and .n the
year ol our Lord 1B38.
I By His Excellency's command, /
W. B. LiiuUfiy, Clerk Special Council. ,
£
Enfclosure 12, in No. 17.
SCHEDULE
t Anno Pkimo Victoria Regin.b.
^*i'Tlf''ni'I.^?R v\'* vilT'''\.''*''..'''"°P'''«='°f^ ">• Slwreholden, of a Company called
Ihe Bank of BnUsh NdHh AmeWa" to sue and be sued in th<, Name 6f any one or
mem.o3. *" ^'^'"'" "■■ ^''"^T'' ^"^ "••^ ''»"= '^'^"'g. »'«' »"»f "Iher Purpose! therein
Wheueas several persons have formJd themselves into a company or partnershii) called
or known by the^e of " The Banktf British North Americr," /or hrjut^ "'of esU^
bhslmg ana cari«k^ on banks of .^^d deposit at various cities town^, and Xces with.u
Icons rH"l ^'?''"»*""* ""''.Mr "» North America, and have stlbscnSed or raised
dient^oZLi .H ™°r? '""Smm^rryon the business of the said bank, it is expe-
S blnr^.«bb hill ^«S"'.*"°"''^5I^PV'P«r ™"J»<:t "f tl>« affairs of the brahehes of the
SLis5^..^?h.^ °^ .1 f T^T "'^^ !'"" I''"^''«=«' authorized to execute the
Coined Z th. nfn?"'T?K ***''^*^' ''J^T ^'*'' **"^ "'l^''^^ "'«* '^<'"««nt "<■ the Special
under h!,..Wi./ "^*'l'' ft •'^^'"4 constituted and gambled by virtue orand
fi«t vpar „f H ^ °'^1"^- of dbParhanifent of Great Britain and Ireland, passed m the
GolC.„.^f r''"''n'^T'^^*"H' V" Act to tnake te.»porary Pr«ision (or the
Phesar ^h*^;* kTi k'^VT'J' m" "herlby ordained and enlted Lthe authority o(
of thn I t f .^ T*^?'- ^ "";' ""^k ">« I«""''«IS "♦' thi* Act, l^the pfopnstors
of ts l^rrS' ? °^ '^^ l^""^ "^ "".""'' ^M A™ericf in the name dfa^Se ir mo.^
«Ltli '•"EctoTH, or in rtie naine of any onA of thn m..nw ff.rs' (; "r the timllKmr. t*^
^.Xnn^M . ''^*^*^*7*^*"'^'^*^'^' ^^^'^^f ^'"^^ "^^^ artswered; to tkfend «nd
oeiendcd in all court^and places whatsoevei^j W I manner of actions, suit^^gJkiapMh
.* s
* ■*
,^
'■• "-o» ,
V .
(iti
LOWKR
CANADA.
No. 17.
Sir J. Colbonie I"
Lord Glenelg,
7 Mny 1838. .
Unci, n, in No. 17
CORRESPONDENCE RELATIVE TO THE
a'
iimltcrs and cau»e8 wliat«oev|MgHnHUM|||girh)ce of Loyer Canada ; and for the ends ol
iustico il Bhall be lawful MSFtKKSaSmV "•" p^opnctorjf, »i the name of any one or
more of its local direct jMiiiiii^WHHP"*''"'^''''^- '" '"« V'"""' .■"' ?«.*'°" V. ''"**"* "'
law and guiu ai^aingt aWMPlJlpWr^lSprietoM of Uie capital stock of the said company,
oracaiiistany ofthoUfiStjnrec^rior manageni; ftlao for any propnctors, local directors,
or inanaL'crs to pro»*#|^i5e said company or asaociation, by any action or suit ig^inst any
one or more of the rtHlTocal directors or manager8,'in any court of law in this province, any
act, law or ordinance to the contrary notwithstanding. / • . ,1. . . u n u 1 fl
And be it further ordained and enacted by the authority aforesaid, that it shall be lawtul
fbr the said company of proprietors of the capital stock of the Bank of British North
Anierica to issue on amount in notes at each of ttetjhMriMftk'^.'" province, being for
a less sum than 1/. it. currency each, the total ippiPRliWWall no^xce«4 one-fifth
of the actw'l amount placed at the credit and dhtfioHal df their respecUve WancliM, any law,
usacc. or custom to the contrary notwithstanding ; prdvided thiit no note or bill so
issued shairbe of a less denomination or amowU Uiall 6«. of the current money of this
'""Aiiffcjt further ordained and enacted by the authority aforesaid, that it shall be lawfol .
for tliie^Sw*eriior, Lieutenant-governor, or person administering tlie G«vernment of thW
proVinciSfo require from the local, directors and managers of the said bank la statement of the
affaire -wT'ftie company, in. conformity with the Schedule appended hereto, marked (A.),
wUdLtatement the said local directors and manacers shall be bound to furnish, under oath,
wiSSPSo required, as aforesaid : provided always, that such statement shall also set forth the .
aSotfnt of capital actually placed at the disposal of the.differcnt branches respectively.
Afid be it further ordained and enacted by the authority aforesaid, that it shall be lawtul
for the said company u( proprietors to hold such lands, tenemenU, hereditaments, and only
*ucli as shall be rtOiu'isite or convenient for tlie transaction of their business, th^ same to be
vested in the nani^ of trustees, who shall consist of two or more of the local jlirectors and
die maiiaters for the time being; provided the guid lands, tenements, and. hereditaments
shall not exceed Ae yearly value of 1,000/. of the iArrent money of this province ; providgl
also, that the said bank may take and hold mortgages, hypothiguet on real property, as^
iiK' to the law of this province, by way of additional Becurity for debts contracted to thS^Wfl
biliik in the course of iu dealings; but on no account shaJl money be lent on mortgage,
• uut/w/ue, or upi,land or other fixed property, nor shall such be purchased by the said
uik upon any pr3#XU except as abovementioned. , .u . •«• a:
And be itUirtlier ortlftiued and enacted by the authority aforesaid, that if any officer,
manager clerk, ir scrvHSl of the said Bank of British North America, intrusted with any
bond, obligation, BHl, obligatory of of credit, or of any other bill or note, or any security.
mont'v, or effects belonging to tlie said Bank, of British North America, or having any bond,^^
obliLmtion or bill, obligatory or' of credit, of «|v other bill or note, or any secunty money,^
or effects of ?ny Other jM^rson or per8on|«<tedg^ or deposited Wiethe said Bantt of British
North Anukica, or with him as an officer, manner, clerk or aejft^nt of the said Bank of
Bntish-North America, shall secretfi>fimbe»^e or run away with ariy such bill, bond, obli^
tion, bill, obligatory or (#idit, or an| such othwr'fedl or note, gecunty, money or effects,
or any of them, or any pai«^^.e^ such officeir, manager, clerk, or servant so offending,
and being tliereof convicte^f due fonn of law, shall be deemed, guilty of felony, apd shall
suffer death" as a felon witfcout benefit of clergy. ' ..L-,'^'"'
Aiid be it further ordained and enacted by the authonty aforesaid,. th« if any person or
■pJLs shall forge or couiita^m common seal orthe said comnMy, or shall forge or
SRlerfeit. or alter any topW^lf atioii, bill, obU#fifory or of crejf or any «»her bill or
note of the said bank of BritisK^orth America, qr anylfldorseinent or indorsemenu theremj
with an intention to defraud tlie said bank, or ariy per^nw j«tsons whomso^ or sMW '
alter or pass any forged, counterfeit, or altered bond, «W|ppn, bill, obngatory or ofj||«lit,
(Jr any other bill or note of the said bknk of British?^Plh Ajrfnca, or indorseraenir^ in-
dorsements thereon, or shall deffland the nssglfe therein mentioned and contained, knowing
IJle same to be forged, counterfeit, o» Blteri(™|ry^h persofcftr every such pftnce, udoii
toiiviction thereof in due form of law, for tM^Poa|e, shall be deemed and aSjudged to
be«uiriy.^ a riiisdemeanouvandon being J^Klly (■ncted Uiereof, shattbe liable for such
o"ffSic« to 6e imprisoned for a tinie, which MAI not be less tlian six months, ijor niore than
six yeSrs, and to be kept at hard labour, ortli be publicly whipped, or to stand b the jpil-
lory, or undergo one or mOre of the said punishmenU, at the discretion of the coiirt before
which such conviction shall take p)acc, and shall for the second offence be deeded and
adjudged to be Aiilty of felony. •. .u » r L
And be it further ordained and enacted by the authority aforesaid, that if anV person
shall en.rrave, form, make, or mend any plate or plates, paper, rolling-press, or other tool,
instrument, or materiaMevispd', adapted and designed for stamping, forging, or making any
false and counterfeit bill of exchange, promissory note, undertakmg, or order for t|ie pay-
ment of.money t>urporting to be th« bill of exchange, promissory note, undertaking. Or order
of the said bank of British North America, or of any of the officers or persons engaged ui
tlicJnaiiagement of the concerns of the bank, in the name and on the behalf of the said
bank, or shall have in his possession any such plate or places engraven m any part, or any
- paper, rolling-press, or other tool, instrument, or material devised, adapted, or designed as
aforesaid, with the intent to use and employ the same, or to cause or permit the same to be
J .1 I , I :„ f.,^.,;„„ anA wnah'tna- ft nv auph fiilfie anii coui n t pr feit. buU P* exchange.
promisK»ry notes, undertaliiigs, or orders, every person so offending shall be deemed^and
^vX
AFFAIRS PF LOwBl CANADA, &c
69
LOWER
CANADA.
SLlt'irXfte.y;^'"^' ""•* »-"'« "-"f -vipted ,...„ .„ffer death a. a fo.o.,
<«th of ono c«dible Kf tCX.^i. .!'??„?: ""I "•""?''""'""'««« befo«, h.m. upon Ihe «'' J" fjo'l-nK' to
or where unj sucfiiLwrrw^/ Htin J^ ^'"'': ^a """'' """'^^'^'^ l*^»°" "' P*"*"".
, counterfeiting, to .r:::::;h^rt; Zh Vat wroflxchZ^n"" ""^ ""=" -""^"s -
tatinCT, or ordcrn.; and if any .uXfclM hiH.^f „l^l. *'"=''*"K*' P«>'«"9»ory noten, under-
or or^er*. or any sud, plat^ LlKZ^ / .f ?^f' P.'»""»''«T' note". undertakingH,
be found 'in the^cu"Siror^So^'^7Z'.l^„ L'^'"' '""'T'"'*"' "■■ """""»'"' «''«J>
wme bj »ome lawful nuiho^^lhM ^ ^Z U f??"" Z^?""""^""' "°' •"»»'"(? ""e
^hom.&J»er diBcovering the ^e to sS 3^i 1^ '^'' for any person or persons
ibqoired to «;ize, such filse or col^rfeiS ^f .,rh»^ V'"=y »"= """^^y authorized and
borders, and such plates, rollb, 'pr^g „, otLr t^^^^^^^^ "**'*'' ""dertaking..
earry tbe nme forthwith li^fZ a jE if Z I^rif ' ± ™'"*'*^' °' """"rials, and to
«n.e shall be .i«.. «,o eba.^ SX^ J^r.^^ ir;^";^^^^^^^^^^^
contained .h^l C^ZS ^ fc'^exS.S " "^^^^^^^^^ th::t"„7hrgrein
betLn^a^^n\thr«,KXrX/™^„^^^^^^^^ P-Prietors. or as
Public A
-xAnd be
thtf 1st Ne:
LicuteTiant
tive Counc, , ,
ordinance, jand
lapse of the p§L_
said proclVmatitMi
lonW themselves, or in any o&er mann^wha'ts^er?
i'dlSlffiudiiffvl^n'nt-*'''' f^ ^H'-'Y^ ^ ''«'•»"• ■"•«» '•k"" to be a
' h« ^^•'^ ? ^* °."''** "'^''y all judges, justices, and others
18« Li . '"»^'«''ih«' this ordinance^hallci^nuemTorce until
1842, and no Irager; and it shall and may be lawful for the Governor
Silo^S^ '"''°'T''r."« "^^ K«»«"»"ent, Jrith the adv^^e of the Ex«u.'
Wkproclamation under the great seal of the ritovince, to declare thltXs
W provisions thereof, sSall cease ttnd deteUine at any dme befol the
besa,d but not less than thr*e months fX and afte? ^e date o7 Se
J%
. N
SCHEDULE (A.)
ABSTRACT ,>om the Books of th^ B.sk of BrUUh SortH Am\rica, Montreal, exhibiting .
Gener*! Stat«inent of Ihe Affair, of the Branch.
(ilvc/ and otller
^ fietali' on b^d
Bills and cheques on
banks in these Pro-
vinces, and on oiher
banks elsewhere
Amount of all dehM ^ue,
including notes, bills
of exchange, and all
stock and' fund^^
debts of any descrip-
tion, except the ba-
lances due from other
banks and branches -
Balances due from other
' baiilu and branches •
Real estate •
f. I. d.
Capital Stock Amount
actually puid in
Bank notes in circulation
Net profits on hand
Balances due other banks
and branches -
Bank ac<!eptances out-
standing - . .
Cash depjosits, bearing*
interest - . Z\
Cash depolsits, including
all sum* whatsoever
due frotn the bank,
not bearing interest,
iU bills in circulation,
profits And balances
excepted
Amount of dividends un-
claimed {- - .
^ ^^^:^%^:xiz:::n!^jt St!"" t """' '"^'"''" " ''-
aSiirs
Sworn before me at Montreal,
dajurf
=»83r
+
357
K 3
/. CMorni.
w*
LOW EH
( XNADA.
N~7.
^ir J, Colboroe to
LiTil (ilenelg,
7 May 1838.
End. w,iii No. 17.
70 COllRESPONDENCE RELATIVE TO lllE
Onlaiiicd and enttdtod by tlie authuiity afore««id, and pained in Spcial Council, under
the treat selil ol llicproviiice, lit the Government llouw, in the city of Montreal, tlie 6th day
ot May, ill tlie t>r»l y'"^ "' ""-' "^'K" "' ^"^ Sovereign Lady Victoria, bv the unice of God,
of Great Uritaiii and Ireland, Queen, Defender of the Faith, and to forth, in tlie year o< our
Lord, lUUU.
Hy Ilia Excellency'* comnukud,
W. li. Liiulmy, Clerk Spociitl Council.
1 iicl. ij, In No. 17:
Enclosure 13, in No. 17.
Anno Primo VicTom* Rkoinx.
Cup. 20.— An OuDiNANCK to make Provision for the Survey of Lake 8t. Peter.
VViir.HF.As It is cx|)odient to provide for the survey of Lake St. Peter in this province;
bo it therefore ordained and enacted by his Excellency the administrator of the goveriiiuent
of the said province, authorized to execute the Coramiwion of the Governor thereof, by and
with the advice and consent of the Sjiccial Council for the aft'airs of the said province, con-
stituted and assembled by virtue of and under the authority of an Act of Parliunient of the
United Kingdom of Great Britain and Ireland, paised in the ftrst year of the reii;n of Her
present Majesty, intituled, " An Act to make temporary Provision for tlie Government of
l.ower Canada ;." and it is hereby ordained and enacted, by the authority of the same, that
it shall lie lawful for the Governor, Lieutcnantrgovemor, or person administering the govern-
ment of Lower Canada, to advance by warrant under his hand, and out of the unappropriated
uidnies in tlic hands of the Receiver-general, a sum not exceeding 500/. currency, as an aid
towards causing 11 survey to be made of Lake St. Peter, in this province.
And be it fuKher ordained and enacted, by the authority aforenaid, that it shall be lawful
lor the Governor, Lieutenant-governor, or neiwm administering the government ol this
province, to apiwint, by ui^ instrument under his hand and seal, one or more eommmaioner or
comiuissioncni to carry this ordinance into effect.
And be it further ordained and enacted, by the authority aforesaid, that the due application
(if the monies appr<(|)riate<l by this ordinance shall be accounted for to Her Majesty, Her
heirs and successors, tluougli the Loi;ds Commissioncru of Her Majesty's Treasurv for the
Imir 1" ill'.', in such niunner iind lonii as Her Majesty, Her heirs and successors, shall direct;
and lliul "i detailetl aciotint of the expenditure of all such monies shall be laid before the
Gnveiuoi, Lieutmant-governor, or person administering the government of this province.
J. Colborne.
Orilinied and enacted, by the authonty aforesaid, and passed in Sixicial Council mider
the yrelit seal of the province ut the Governuient-housc, in the city of Montreal, the 5th day
... .. ,. ■ I I ir: 1 ._:_ 1... .1... — .^pg qJ- Qy^J
the year of
li im, f>iv/v>iit.\j ui> (.111- %-■*# ^ 'Kit ■■■•ii'BB* ••■*- -^t^f ... _-.~. ...^ — ,
.jf May, in \\\r tirst vear of tlie<eigii of our Sovereign Lady Victoria, by th<' grace
of Great Britain and'4reland Queen, Defender of the Faith, and so forth, and in the
0111- Lyrd Jliaflf.
By his Excellency's command,
W. /{. Lindsatf, Clerk Special Council.
^'
No. iS.
>,r J. < ollioriie to
Lord (■Icnclg,
N M:.y 1838.
— No. 18.—
(No. 41.)
CocY (da DESPATCH from Liiutenant-General Sir John Colborne to
Lord Glcnehj. jv
GovemH^ent House, Montreal,
My Lord, » May 1838.
I ii.wE tlic Iioiiour to acf|uaint your Lordship that I closed the session of tlie
Special Council on Saturday, the 5th instant. "^
The measures which I proposed for the adoption of the Council were considered
to be closely connwted with the immediate welfare of Lower Canafla, and I am
pcrsuadi-d few of them could have been delayetl without further inconvenience
^aad «»tbarrassniefit to^the^p<4Ukat^ia4^eo8inierc»alrii)'' ■"" ''*'"" "
' The
i..,-*'^,i'
.X,
le 8t. Peter.
Special Council.
Colbornc to
AFFAIRS OF LOWER CANADA, &c. 7,
folbwin^"" »'•'"'""'"•««"""•"-%' I'"ynH-n,s fron. tl.o provincial fu„.i«„re ll...
riaj'fc^;.!;""""'''" ""' ^'■''">""*'"' "'■ ^''■"'"" -'- -<-"-d from the Impc-
a«. tiK. contingent acconnt, of the LoRiBlativl €0 nci n'^'X ™t ^ ' S
^rocure an «,lju.tt;.cnt «f thdr daJSf '" '""'' S"^'"'"'-'* <^<>"1'1 ^satisfactorily
Ch«p. 1 « appn,,,ri«t08 certaiq .ums fcr the encouragement of education
tutS.'" '' "'•'•'"''""'^•^ '^^•^^'"» «""'« '■"' t»'« -'Pl'ort of certain charital.le in^i-
Chap. 18 appropriates certain s«m« for the encouragement ofagriculturo
The several institutions named in these ordihances required nrnvdv awMtnnon
and were usually provided for by a vote of the AsBcmbly; '"^ ^ «s»Mtance,
of mc^ey to ,.a,i:.i.d to, the improve^;; ImS;;;!;::^^^^^
, This ordinance passed unanimously in the Council
<J^^^iS!7::^:^n:z;;::^^ "■" "^ ■'-■»'"^« -
Chap. 20 makes provision for the survey of Lake Saint Peter.
The navigation of the St. Uwrenee from Montreal to Quebec runs through
tlim lake, and ,n consequence of the shallowness of 'its chfuuu.1 the nurS
."cur groat risk and expense, at certain seasons, in the paSige!;; S^ir"!.::^;:"
orJiillJtidn;:::! tn'jss"^ *^ ''"^»^^'"*^ '-*"-^--> -i-- <-»• ^''- ^
Sn.l.i!;rr "'■''"•^i /''""*"•''' !" "■"?'"■'"'': >■""•• Lordship that th«. members of the
Special Council f.ave conducted the business of the k-ssion u^tl, unanh^iitv ■ n.1
good feehng ; and I have reason to believe that the ordinantv WE Tv ? be
made are approved generally in the province. [ ! ' '"'"
The accompanying paper contains the observations
on closing the session. J^'
In a few days.! purpose leaving Montreal MiilS where t shall l„. nr.
LOWKK
CANADA.
Sir J. Colborm to
U>rd 01«Ml«,
8 May 1838
ul(jressed| to the Council 5 M;,^ ,838.
I shall remain at Quebec for a
required iit the seat of government
6
few weeks, or longer, shou^d
mV pjesente be
I hai
■e, &C.
ff
-. ■
*" . ■ r- -.
/
J. \ Colborne.
* 1
-■ - " !
*-
"...'^. ■
i
■
357.
"^ 0.
— — ^
/
,
1
""mI
■ -4
■ ■ ■ ' '■I't
i^^^..a^.„ ,,, . ,■
i
' Ll
' ,JA /'\1 '
...i....^
ili
72-
CORRESPONDENCE RELATIVE- TO THE
LOWER
y CAN ADA.
Sir J. €6lbome to
jAtrd (lleneig, ■
8 May 1838.
V.ncl. in'No. iS.
Enclosure in No. 1 S.
Gentlemen,
At an important crisis you have been appointed raembtps of tl\e Specml Council, consti-
tuted Uy an Act of the Imperial Government; a measure which, it is admitted, I believe,
l&d become indispensable, with reference both to the long-negl&ted interests of ^ower
Canada and recent events.
Th^ll and constant attendance of the Council diiring the session, and the assiduity with
which the business of the province has been transacted will, I am persuaded, afford general
satisfaction.* , * .
1 return you nmlflianks for yoar attendance, and for the attention which you have devoted- 1.
to the affairs wlhich have been brought under your consideration ; and I trust that the
ordinances whic^ have be^n passed will essentially contribute, under existing circumstances,
to the welfare ofHhe community.
The principal measures having been adopted to which your immediate attention required
to be drawn, I think it necessary to direct the Council to be jirorogued.
Government House, Montreal, 5 May 103U.
#
\
I
■!HS
t
9 ■ '
\ .
**^
/*' f .
. i
V
. . j
X
y . '■ '~1
AFFAIRS OF LOWEK CANADA, &c
r UPPER CANADA.
,^' " ■' — No. 19. —
Encloslres referred to in Lieutenant-Governor Sir /' fi tl.n V u
("No. I.) f
Sir,
"f an in«l^ctinnJy n.oven^t X? wi h f le" l!! ^°"S V*^' °*/''' l""'«'"''^ 'character,
provitife, aiiH whli tife loyal (Jlmtnri . few ,fi,ys, has been made in this
enabled .ne ,,ron,,,tly i„ sTn're™ ^hl, h' ^""" ""**' °' "*■" ^''J^^'y'* «"bjecfs han
a^contry immediuteiy adjoS he l^i^t^ ""^T^'u "^ ^'"^ !"'''''••"'''' nature, i.
nklly excite <.Cons.dembk' dZVofinfelrl J Excelh-nc-ys government, must natu-
co™nun.cate With your ExceS uJif ,ll ' K F-i'."?^ '"*'?'^" '"y'^'^ ""^^ "(»'. to
the riiajiMtmcy ^fihe d.sf^e o" ^raCra^h ' f« f ' i*^ "°f V/^'^^ "" ««•-«' re,~rt from
... BuftSlo, to- procure colw.tenance a^d ' ^ ,? ""^.."""^f ^^ •"""'''^ P"'''"^ ""^'-•'"'g^
eflorts of the di^tr,>cted ruZr ^"..ada '^'^ "' "'''"b'ttt.its of tl»t city to tl^
^§£^^^^:^&:^:^^ ... the
Which hSs, for so *anj, yests, united Ihe natives of
UPPEIl
CANADA.
No. 10.
Enclosures in
hir K. B. Heail'i ^
Despatch,
28 December 1837.
%>r
, "Jf /'"-■ 'Wt>*«'li>.neftt of on^fricndly
:oJ5jiKe!:;2Km5:S
. ^^ ^ ^^11 th't tt'ere .s not at t
lt,ipj|t;|,«fiourdu
ledjjii, witdji"*"
o^therwiie
" al)out &()(»%
I this momeiif. to my know-
"' =- •^dili.o'.H^Ji^r he e^h' ,T I "' 'u*" '"""P**"" "^ " Mr. iM'Ken,,ie,..thTedit^r
"..derstfind, .sT»vT"uffbo'.nl. ''''''" '^''" ^K""y d'-'pcrscd, and the.r leadrf w^
«.th in thmprovm^e ' '"'*'«'""'f'"K l>' excte there ami^port which ha fo."to meK
1" " , I liav e.
.^(sig.led). i^. tlca<l.
To his Excell/«cy Governor Morcy
^ ^'atcofNcw York, Albany.
"0.
,%' . (No. 2.)
".raiile.Archibald M'Leaii,
he bearer^if a communioa'
I, on the same subject on
pdence, oflering^ reward of ijmMbrt^!'!!,^ ^^^^^ th^VgW mde
not
put
., COOtf St
Mr. M.
wluch.you
. ■ • /'
I G( ' )nrn f>f-9t
, Maruy' liq. >;
0» Nary l8land,7rtrve issued a Drocra„«t„n\ . * .* »" "s^s^'aer, h*ve
oflcring a reward of jwm/ lbr\^^ T^?' '''*''*'"8 '" ''""a*'" thpW.-f
...ySol'nnteer Who V». 1^1 -feSf tfT"'''''''* '"* acniT^f^oSr^.u
^an,....ncd.atestopto P-ed,ngs^^h.ch''::r.2'Xri'i:;etb"S47K^Ei ' " ^'^^ '
«r. M-U... w.„ have tMe ^^ to sub^.t to your B.celLy .^ f„,^. .^^^.f ^
il' ' remailf, &c.
4 »
'# . #
t
UPPER
CANADA.
74
CORRESPONtiffeNCE RELATIVE TO THE
'No. 19.
Enclusurcii in
Sir F. B. Head's
Despatch,-
Government IIoiisp, Toronto, 23 December 1837.
introdurt' to your Excellency the Honom-ahle Arcliil^nld M'Lean, late
Sir.
I nF.t; leave to ,
Speaker of the House of Assenihly of tlys province, and now one of its indices.
My olKeial communication will explain the object of hi8 mission, which, I regret to say,
a8 December i8i7 '«•• '•*>'"'''*''^'"'^'^ *'"y"'''"""^^ . , ■ , ._ , ■ ' ,.
The littk outbreak in this province has been completely put down by the people them-
selves, for I had no other assistance ; but the case has assumed a new feature. A nunjber
of American citizens, of wealth and intellifienee, are desirous to pet possession of this pro-
vince, and to swamp our institutions. They willini;ly afford money ; and, as thousands of
■ people are out of work in the United Suites, an invasion may be made, which it would be
out of our feeble power to resist.
1 trust I am not apt to be unreasonably alarmed ; but 1 can assure you sincerely, that,
unless the Americart Government take immediate measures to put down the of this
territory by force of arm, I think the worst will happen.
A l)ody^f Americans, headed by an American, have now, with about 700 men, takenpos-
scsswjii of Navy Island, which belongs to Cireat Britain. They have issued there a procla-
mation declariiii; the indept^ndence of Can:ida, havis oflered a reward of 500 /. for my
apprehension, and ;!00 acres of the ricliest land of the Crown to whoever will volunteer to
assist tlieni in invadinfr this territory, , r i j
The people of the UnitiMl States are so e.\nted with the subject, and so ripe lor plunder,
that no words or Wfitini; will, in my opinipii, stop them. I Consider that the United States'
Government must either put dowli this aggression by foice, or be held responsible lor the
' consequences,
I remain, &c.
■* To his Excellency Henry S. Fox, (signed) /'. li. Head.
Washington.
My dear Sir .John,
^^ (No. 3.)
Toronto, 20 December lfi37.
I sFND von copies of some commupications I have receive.l, showing the unprincipled
disposition "which exists on the part of the people of the United States to mVade, pillage, and
plunder Upper Canada. ,. ,, , ,, , • 1,., r
The forces on Navy l«land are said to consist ol 700 well-drilled men, and 1.J pieces of
.artillery Our force" on the frontier wiis, until yesterday, only 000, scattered Irom Fort
Frie to Niaeara • but Colonel M'Nab with liOO men, and Colonel Jarvis with 300, arrived
there yBsteidav. I consider that we are tolcn.bly safe for the present. It is annoying m
theory that these nifliuhs should l)e allowed to hold possession ot our territory, Navy Islimd,
arid Ihave plenty of hot-headed ;,.lherenls who are urging an attack on them, but I fee many
leasons a-'ainst it • first, we shvitiW do iKitliiiig- which could risk a defeat, which, il effected,
would I :nn sure be tl... -i-n..l for a neneial rush into th.' province. .'Secondly, we should
certainly attack im.Wr very great .lisadvuntat'os, for the enemy has to a certain degree f.rtihetl
hiiiiselt, and, there hem- "nO Bie% of n".reat. he would be dnveii to desperation. If any of
the hands, in approaehm- to atf.Wk. were disabled, nothing coul.l save there going over the
Falls of N.n-ara, wliioli are but little more than two miles fn.m Navy Is and. On the
whole I thiiik'it would be lii.,'hlv advisable not to allow ay attack, which could only be made
under 'most disadvanta-eous eiiruiustaiices, ;in,l wliicli, if sueei-ssful, would not be important ;
for unless we intended to iuipriM.n a boily of mir men on this islami, (or the pur|M)se of
|,„l,lin.r iHjssession of it (an expenditure of force we could not spare), we must abandon it as
soon a~s we had eoiifiuercd it, 111 which case the Ameritans would retake it, and the whole
pnK-ess would have to be niiealed. 1 1 . ,v
On the other hand, if we allow tli.m the mconveiiieiice of being pent up, and let them
undertake the dangerous course of attacking us, «ve have science ..a our sale msU'ad of on
""rhiVproVirwe i* internally jierfL-ctly quiet, but I think the danger fromsvithout immim^nt;
and I infonn you of it Uiat you may tidie such m.asures for preventing it, as under tlie
circumstances of the two provinces yot< may deem necessary.
Lioutenant-General '^^
Sir Jolm Colbomc.
The same letter was adikesscd to Uie Earl of Gosfoni.
r
retnain, &.C.
) F. U. Head.
(No. 4.)
^,.• ' Head Quarters, Hannlton, 2 « December 1037. 3 oVl<«'k, P. M.
lN're'i>ortinc the return of tlu^ vohmU*rs to tins place wlio accompanied mefa.ti.e t^mdon
Di triet*^ Ime n,u. h gratificrtl."u m stating that not a man has been lost, and but three
n V I ':.. the Lgi^^Cs list since we luarclied. 1 have also gVcut pleasure m noticing
la he.nLitant.b^tw^n Pans and Uun.las generously lun.ed out with th-jir jleighs.
-^ U»UHht Juwuahaaiiuther ,p.l.t i «-nieH to th i s ),liiCC free frc>m any ex|Hi»sc ^^'^';^'-';
\
<9
%
, I regret to say,
AFFAIRS OF £oWER CANADA. &c.
tenant-governor Hlu,uld b« oom.uunicite I ..7. . ," "r '' '^""" '"•' Excellency the Lieu-
prou, to say that his Kxcelle cy'rrx' Ic L^ In "n"."" '^'''''* "'^ """''» ""^^ein/and I am
nimll move to-umrrow n.o nn.u fVom u "1""" '^.« Pfon-P'ly and completely 'realized,
field-p.ece. """"*' '""^ t'"" place w.th between 800 and 800 men, and one
uj^f tlfo rolumeet /3 'if ii'^^lh™ ^!om^fj '"Tf! '" ''"T""^ haversacks for the
pl«ted. Each mn,. „,ll be moyuM ShTu b'?'""^. *" V"'^ ^f""' >«" are already com-
esyntml to the cmlmt of the'ti^^^pl ' * ""'^ ?'"='' """^^ "ccc.saries as may be
te J^::ii/'s:,::,x^,;; A::i;j:t:i;tt,!:::^^r''''^'' ' '«'" ---^ addre.^ to Lieu.
volunteers I trust thit a lar^^e s„J' % "f ya"L^ T" ^t" y""', '"^ ^he comfort of thi
w-ll be .mmediately placed in^torroKf^iUeri^"'^^^^^ sc^ks, shoes and mittens,
the use of the men ; '„one shall bo i^.e,! b„r, ch j'''"' ,"'7 '^? ''« "P^-x^^'y ''"™«l'ed for
I-rom the reports which I hn n ,? "^ "' f !"^h as are absolutely necessary.
•mve ma„y moi; voluntSrs than sha S ableT>7""' l"™ l"'""*'' *" »'^'"'' ""»' ' ^^all
and I therefore request that 2oo stand ..ft,^ . ""■"'**' «'"'»• arms and accoutrements-
fn.nt.er, subject to my onlers '""' '""' »'='=o»t«'ments shall be forwarfed t^ the
-fenJ^^'SnllTttde^^^^^^^^
Colonel W,(,,am ChmLlm on tl" suEt Tconv "7 i k'.T"""? **''*'*'«^ « ^^^^' «»
If .s my mtcnti ,n to ami these vo unfS^th Sh? i^"" ' /""r ^ ''°"?"^ ^o enclose.
-front.cr,tobe„tUched.l:,;;;ee;',Xor' """"'" " '^ree men, to be despatched to the
/ Colonel the Honourable , < ' '.'*"'•'• ^'^•
JonasJones, A. D C. (signed) Allan N. M'Sab,
Colonel Commanding.
UPPER
CANADA.
No. \^.
Enclosures in
Sir F. B. Head's
Despatch,
38 December 1837.
\
(No. 6.)
I ar-c leave to state for your inforntation Sifn """''"''' "7'"""' ^^ ^*^'=?*«' '83'-
.0 pr.K«.d to the A,a,ara Lntiir w ,": 1 tte d JZbTr ' 'T '^-""l"«J'« ^omrtja^ds
quarter. "'^ ais|>osable force which can be raised in' this
on the subject 2i quartors.'^a.M' ^"i^'TZli^T'T^ "'"'^t y°" -^Jv me
aln^ady occuj-ed by the troo,«at present sZ^n^ w.Ku '"'"^"^ """^ ""^ ^^^-^-^e-'U
I l>clieve alxjut 70 or «0 wpll-iiinii,.««4 .. ^ ™ * "■ y""-
I wish that an officer urryt^SZ^Z^C^P ""^^ ^ ^
wluch are un.H-.up,e,l by y.fnr tr.K.ps ; a m l/i^ |, ' „ «'" '-I'ouses m your neijIfcCfurhood
a return tn deta. of the nlberof L;. wK:i;;:;7i:;':il:';:::^:^^^
Lieutenant Colonel Cameron ,■ ' ''a^e, Stc.
Assistant Ad,utant-OeS ^"^'"'"'^^ ^"''" ^' ^'■'V«/',
Colonel Commanding.
.0
Sr. >
I "AVK to request that you will .mmediatdvl?"""""'' "^f '"""' =* December 1837.
.-c capta,n«of-s..hooners^„d,soa;Z w,^^^^^
«ml Imt you will procutt; a sufficient numb..r of sleih7„ 1 i- '"" ^^^/•"' '° '"'-' ye«t«day,
- - or .arc. .luch . sha ake to-L^^'g^- ^^^J;^'. ^ ^U.^
I Imve i-cceived ii»li>nnatron from tl e fV .t.VrT f "' "*™'y "^ "'''y are aUe. . ^S
down inhere at once, with all the dipZblefo^^^ as to i/duce me to n^e
' - .«.ous,y awaitmg tl. a^.vK;o^;„r:£^^^^^^^^
Coioiiol Willwm ChigholiA ,■ '.''ave.&c.
■OakviUe. ,' i"mA) AUan N.mtiab, ^ \
41 ' V ' .„ Coloifel Conunandiui;.
-wn
L a
\s
*1
CORRESPONDENCE RELATIVE TO THE
.1 '
^H
m
I'PPER
Canada.
No. i(».
F.nclofurps in
Mr F. B. IleHii'!.
Despatch,
s8 December 1837.
;» WIS
(No. «,) ^ .
KxTH/«CT of a LETTER from George Rykrrt, Esq., m.t. p. to Colonel Junes, a. d. c, ;
dated St. Cathctine's, 24th Ucccnlber IH37.
I nAvF. inforniation from a gentleman of this place, who returned yenterday from Buffalo,
on whom I ran rely, that the rebels on the island are now about HOO strong, and are daily
increasing from the interior of the state. On Friday they got an accession of 300 from a
place called Attica, and oth^r towns. That during the past wjek they broke into the arsenal
at Batavia, and took from it sfeveral pieces of artillery, and a quantity of small arms,
which they succeeded in taking u^)n the island ; they hav^ also aeani taken all the arms at
Buffalo, and carried them away ; that they are engaged in casting balls. See. at the foundries
on that side for tlie rebels ; that they have been allowed to take all the boats that were to
be had belonging to steamers and vessels at Buffalo.
My informant further states, that the excitement on that side is greatly increasing ; that
he is convinced a large majority of the people of Buffalo are aiding, and assisting the rebel
cause, and that several of them expressed to him their full determination to cross as soon as
their forces are a little stronger, jvhich he thinks will be the case in a few days.
He brought with him Governor Marcy's uroclamation, which Mr. MemU informed me
he had enclosed to His Excellency, and which he (my informant) says, is completely disre-
garded. Mob law reigns supreme there ! the prjde and glory of their boosted >fepliblican
institutions ! Their authorities are completely powerless, i learned from another quarter
that notices are stuck up at different public places along the main highway, offering a bounty
of 100 dollars, payable in May next, to any personiwho will enlist in their cause, with a
further promise of :i(tO acres of land when they conquer Canada. Whether this is really
true I cannot say ; the person who informed me said he saw'it, and had it oHcred to him.
It does (xcur to me that if we had some heavy artillery, howitzers, &.c.. 4cc., they might
yet he dislodgetl from the island, or at least they might be prevented fron) erecting their
block-houses, &c. &c. I do-not, however, profess much tact in the art militiiire, and may
be wrong in my ideas. •
Report now seems to confirm that they have eight or ten pieces of artiller/ upon the
island.
If we had only one regiment of regulars, and few artillerymen, we Wiould have nothing
to apprehend, as it would 9t once create confidence amon^.oi* militia, and at the same time
materially les^sen theardour of the rebels. They are well acquainted with the state of feeling
of Quf militia.
On Fndav, my informant told me, a number of persons from this province (understood
from Yonge-street) crossed to Buffalo in a schooner* from oj-'near Port Colbome, a point
where I have long urged the necessity of keeping a guard. Uwas raenMoned in Buffalo
that Duncombe and Malcolm were' expectcjj there yesterday..
Our militia, among other things, are badly otganized ; there^ is a peat vtant of efficient
officers indeed ; in this battalion (1st Lincoln), there is a very grelt deficiency ir; the, number
of officers, some companies having no more than one or two, and besides, there are others
who decline calling out their men, as I am toJd. iTiope this subject, too, )»ilr receive early
attention. ■ ■* '
^■\
\
Sir,
(No, 7.)- . ; ' • ,
dioveniraeni House] Toronto, 24 December 1837.
I oErw It my duty to forward to your Ex< ellency the enjclosed copy of a correspondence
I ha»e rrreiv^thi* moment from Colonel Cameron, the officer commanding Her Majesty's
letces on thi .Niagara frontier of L'pper Canada. , ,, .
^ ,1 have, &c.
T« hi« Excelleny aovemor Marcy, \ (ygn<"<l) F- H- H^ad.
New Yoris .1 n »• ' « l
The same letter wa^ addressed to his Excellency J. S. Fox, H. B. M. Ambassador,
Washington.
Assistant Adjutant-General's Office,
g,, ' Chippewa, 33 December ,1837.
Since my last communication, Mr. Cummmgs, *Mi«wtrate of this place, has received
the information that follows, from a confidential penkMi, wturoed tht* monimg- from the ot|ier
The force' under Van Rensselaer are hourly increasing. Van Renssela^ is a person #ho
has served in Mexico. M'Ken«ie has little ot milling to »»y to the military '^moveinerite ;
h«' goes ahoutthe country collecting supplies; entrencliments are thrown up mi tl|OJ«M»d,
ancl their cannon ^re being placed in position. 1 he excitemetil in the atate of >ew Y*ipi»
very strong TJie fcbel cause dajly gains adherents. The very women are incitmg the^en
to proceed'lo the frontier of New York. I he petiplo of tlte towns in the iiitendr are malfing
— iUi tlir >>'UL. Tau Butia^'pjuafil ii,i ilie lalttud-ViiM e nlay^. itLadiUtt^Je- ;
Ulilimill l.lii li' i i»l >H-U ir ff
>*
tbose
,*•■• '
4l.
' AFFAIRS 0> LOWER CANADA, &e. \ >;
One wo.na„ Was «ern ra^g„p bX Vat 1 tr n!i. ' '' '" "'"'"',"*' °*^^'"''°" "'"y require.
An attack i.s meditated on the tm .L t "f ' '""" ^ '"""W "'at ran «o at a time
fear that war betWecn Ore .t I "ta a, dTh. , ''•; ".^^''"g P"'tion „f ,1^ American pe^fe
proceedinRs. The mob des re it ' 'l,! " , , 1*' ^'^^' '""'' ''"''"' f^^> these lawless
but the utn.o8t vigdanre is i^wused f I, ?,""'''"" °" *'" '^''""' '« '''"»^'^" ««" and 700
The luBt romiunication ?ir t onrKVrh'''''''"'r''''iP''"'^ '"""^''^ thcrnumber
accepted Colonel Land 'h off", of loo n "^f ^y ','IP«"« »» V"^'<- at Waterloo. 1 have
CobourK volunteers at N.S a-; nrthHrnTo^ ""f r"""^"™"*'^'' '"•« 6"
has been reported. *' ' '"^'^'" °' ^"^ ^^'agara dock company, 28 strong
NotwithstAndinir that Uie reh*li;.„ ;. „ , . . '^'
UPPER
CANADA.
Knrlotuies iu
Mr F. it Head'.
Kespairh, '
28 December 1837.
To the Adjutant-General of Militi.'i,Toron(o
&c. &c. &(..
I have, &c.
(sipiied) A". Cameron,
Awistant Adjutant-(ieneral.
tilleri^ upon the
member 1837.
r.A.. AV.r 3.M.. ,., Colon. Unm.^m,^e Q.en. ,W. m th. 0... of
, = ■. ''::giShJSn::iSth!r'sr:."''''^^^ ■---
neS:S^'S:S,J':;^J-;;~;,b^^ '-"'y -ns,Me o, .he ,reat error and wicked-
a Gover.,n,,ut on whose'^parr:."o ";"?«:.? u,":;;^;;;;:' "'T '''''"''' ^'^'^'^'>^:'t,
crievan<;fs to .oniplain of but we l.„J,. 1 ■ "'' '"'"" »"v ii'»l "runes or
Jlalcolnvand othl.r -.ked /ll" ,.. ' ::i,.J;i;:..J:t--'X "jy ^'•'-'- I'"-n,be, rjfk™
kjrge grants of hftd and great pay for C trvices ',0 t ak ' "V' ""'"'''' "'^ I'/ f^^-""i«« «"
Government, and who hav« now basely dTse.eTus'andll uV""" '^''''''',"" '^'".'^"y'«
properties for those crimes which thevhave^henJll ''i "r"*"'' "'*'' ""' ''ves and
Uech you. Sir to take ourvl nl /our kmd conBrraT"''' ''I '''""•"■" '""'*' humhi;
Excelleuey the I-'outenant-govcrnor of th^« nrnv^l ^ ""' "'"' '" '"tercede with km
We acknowledg.. oun,elv^e, riroompleTrvsulldn .T""' T '" •^\''^°" ^"^ ""^ °"'«"<^^-4
upon your mercy; a..d we b'reby ^.roSt- « d al if "^^"" """*. """-'^es ontircf^
M:;^;S.STSr?l- ^l:-K^^
..-^t endeavours to appr...dth;H„^lLi^:?V":^l~^
" J:/;^e i'S^i: • " S^r 'i^^c ""*rv '^t. "■" ""■"■" p-f-- i-i. you
•l.e provmce, but also from our kS^KZf kind Id f '^■' "i"'' T'^'''' "^ ?-'"
«e have had ample proof in theSS^ofThV lil f ^"''*''^,"t '''«r *''""'.«' «''ich
jmce your arnval amongst us, an, which we .Li n •'"'P*''"^" "^ the inhabitants
•ronrbur present u,iforti.„ate\M^attt aTvd \vf cTr^ V "' '" ""■•. '^-''alf to relieve 5
"■erpray. &c. ,, '"■'I'oil,, and we, your petitioners, as m duty bounVwill
Signed by one hunited and three pkioners, , '.:■"-■'.
VI. Ambaitsador,
\
Hit laceitenry'i lit^ly.
OovemraentUouse, 18 jOe^fember 1837
Sir,
His Excellency the Lieutenant-governor hns 'Je """"T"' '"T^' '« JP«^*n'ber 1837.
^closing to me a paper whicif ha"|f;^3li«l f '"'"^ 7""^ '""" "^ yesterday «, date,
-nt to subdue *n|l a^iprchend the Lms 1?:^,^ t tlJ:. '''TT'^'^^ ">« mi4a foi^;:
' 1 ^ ^'T' "''" •''■'ve xubsoribed to tJiat ,,a jr 1?,.? i' '^' '^""^"■» "'^ '^'"'oil. . ^
""«'«1, by Wseboods, and bv pwmises of \T \ . '1 """'^""' "'"'« *'"" they ''ave been
./ — . vwiiiuiiiiL-u, anu a«
I'ovcniment. and can 'oflcr no
inenwel
Ihenwelyes MOW dc»erted l.\, Vl.-' ■ V'V ^XfusP for their
-rcyorK,vtett,^h£L?I^^ 'H«- '<• "-M; a„d-,e,r^„"th:'
"•"i". and nle.l..e iL.JIIJt! :''*",r7.'">^e oWenaed. Thej offer to deliver up their
""«", and tiledue themw'lt'su. «» ...„ <i ^ l! •■■■■^■■ucu. iney oner
=3*?^
'Ijj tfytiny
the'
'V
■»
.•k>
•*.»
".•rfl* '
t, ^
•i.
•>
.'/■-Sr'^, ■-■,.' Ik' . *4 J
>'■■.' *.;'f'^,''*':
f»
•1-
, :i
'if
*
UPPliK
CANADA
No. 19.
Euctutuies in
Sv K. U. liead'i
Dnpalch,
stiiJ«cenilMr itj
78
CORKESPONDENCE RELATIVE TO Til
Hir- KxiM'ilfiicvdftwn-ft that you will answer tlu'|)etitioncr» by stnting.thiiUie siiicf rclv/Pgrcts
that anv miiiher ol Her Majesty '« »nb(efls iii this proviiic<! should hiivi' Iv'on prevaiuMl upon
to rninnni treasun mpmiHi a fJovemiiient whioh had alwayw nrolectcil Hictik and treated them
with iiHtiicc ami i4jniiiiet<» , .X\ut, trustiii'j tn tlio truth of tlie declaration oy the petitioners,
that they liuvi- -^^fa kheir -m«r, and no| doubting but they muHt be nshanicil and imtonished,
at their i>wn rai^ciwdue-! iaitt Excellency consents to your libcniunn syctiol' them as are
ant luiowirto bavp i-onimcted itcis of violence afjainst the persons or pro])Crty of Iheir fellow
Nub|ects, u})on their oiife?!^!!; uno rec<ii;nizance», with snihcient suw^ies, to appear at the next
court of over iini n-nniut-t and ;:;eneral "^lol delivery, in- the difttriot of l^onqoji, to answer
anv comiMaim ilnii rniio. Im' brought auainst them at the instaijice of an^ their fellow-
g'liiiects. / . \
I have, fltc.
Tbi H.m^ Col. M'Nai). / (signed) J. Joseph.
L Of"- oi 1. LCTTia ti'om CoL A. A'. M'Sab to Ws Excellency Sir f B.
S Head-quarters, Scotland, Dec. H,^B37.
I Hv • - the honour 10 rejwrt that ilir (letaclnnentilnder my command halted at I^||i»t,foi d
(111 U -uL.Mlav I'vcniii'Z, i" perfect un-it 1 , ami the irien in high s^iwits ; at nine o'cliiqL the
-aiiit' f 1. iiini; 1 »iis iiifiiniieil by pii'~.iii> M^nf by l(ie to this place (it then being the liead-
<|iiarl.ei> of the rei>eU), that Dr. Duiu-imbe, with ilbout -lOO men, were here and pri'pariig t.i
rein';it to Korwiiir. I iiniiu-diatclv ,iis]mtclu!d persons to Simcoe,Woo4itock, and London,
reipie^liinr lliiit all tlic viiluntrcrs that could b/mustered should marV;r> d'owii and intercept
the lell(■l^, 1111(1 iiicet me at this place. /
At one o'clock oil Tluii«day nii.nims (to-day), having obtained a plan of the position ol
the rebels and the loads appi'oachiii, thereto, I moved ort' from Brantf ad with my own
detachment, consistjn^ of alxmt UlX' rank and file, and 150 vftlunteers from Brantford, anil
ino Iiiiliiiii Harriois tiiidir the coiuiiiund (jf Captain Kerr, with directions that they (the
Indians) should take possession of uiie woods maike(>'on the enclosed plan " pine woods."
Major Thompson, with 100 men, »-i!> to inarch down the Back Settlement-road, while the
main body, witlpiiivself, were to majrh down the Main-road, and make tJie attack simulta-
neously. # , n- J 1 • I
I rcjiiet to say that the rebels became alarmed and moved off during the night.
■ This afU'riKKin 1 have been joined by|iot less than 1,000 volunteers, with Colonel Salmon,
Colonel Askin, and Colonels Rapelje and M'Cidl at their head ; volunteers arc [Mjuring 111
at all times and at all places. It is my intention to march at six o'clock to-morrow mornin;',
with 1,000 men, thrmigh the township of Norwich, the.inost disatt'ected part of this district
I have at least six times as many men as I require ; but the Jiicl-of such an army marclniii;
through this country cannot but have a very beneficial elfcct ; aixl, besides, the volunteers join
inp me in this district would not lie pleased to be dismissed, and all left to the men of (ion.
1 have taken all Dr. Duneonibe's |)a|Krs, also Mr. ]:^liakim Malcolm's ; the latter (which
are of considerable con.iequenre) were discovered buried in a field, together with several ol
the leading rebels'. The latter I have sent under guard to Hamilton.
I would strongly reconiniend that his Kxcellency should sanction the raising of volunteer
companies, of l.joiiien each, under the coiumand of Major Wiiinett,at Brantford ; of Caplaia
Drew, at Woodstock ; of Mr. Askin, at London ; and Mr. William Salmon, at Simcw. Pro-
bably loti nicii ill each company would U; siillicient. This could be reailily done, and wdiild
not only keep all things right here, but would at all Mines be an elficicnt force to act
elsewheie when occasion should re<piire.
It is a matter of no small mortification to me to haVe luded in caoturing the traitor Dun-
eonilie and his rebel bund. And I v( ry much tear he will not give me an op|)ortunity ol
atlHckiiig hmi, but like the other leader* of the rebel bands, will lly the country.
, Ihuve, 8u'.
(signed) j^Uiiii N. M'Npli,
liolonel Comiiiandm::
Cory o4a LETIER from Colonel A. N. M*Nab to Coloucl Halkett.
No. e.
Ilcati-quarters, Tuwnsjiip of Oaklands, Scoilutd,
Sir, ' Decemlier 16, 1837.
I M A V E the honour t« re|mrt, that the reliels have dispersid in ^X{ jrartt of this district, km!
that I have taken every precaution to intercept tlieiii and cut off tlicir retreat.
■~ i have received several depiitatjons from -tliese misjjuidejl men, praying for leave to coim
III ami siirrendir their arms, take the oatli of iilUgiiiiiee, if neeeHsury, and join the troop*
under my eoinmaiul. In cnduttvourini: to find out those of the leadws who m«v yet remain
-^ ■''•"" . ' ' • ■ -- it if hi o i^
he siiicereiiy jcgrots
en prevaifwl upon
and trented tliem
the jMititioners,
mul iistonlsliecl
of tliein US nre
[jcrty of their fellow
o ap|\car at the next
f l^ondoji, to answer
)f an^ their fellow-
'\
have, Jic.
2(1) 'if. Joseph-
'<\t f- li. ftftd.
1(1, Dec. 14,\b37.
halted at Jl^wttfuid
at nine o'cli)™, tlit:
lien l>eing the iieud-
ereand prcpariu^ In
jstock, and London,
(h)wn and intercept
;in of the position ol
tfoid with my own
from Hrantford, und
ions that they (the
plan " pine woods."
nent-road, while the
: ll\v. attack simulta-
tlic ni^rlit.
fith Colonel Salmon,
itci^rs arc ifourini; in
to-morrow niornin/,
part oftliis district
li an army marchini;
i, tilt: volunteers join
to the men of (ion .
's ; the latter (which
;thcr with several of
! raisinp of vidnnteer
lantford ; of Captain
un, at Siiucoc. Pro-
dily done, and would
IKcieiit force to act
rini; the traitor Dim-
e ail opportunity ol
country.
)nel Commaiutin::
1 Halkett.
aklands, Scotland,
imi.
M of (htiidiHtrict, tnii
streat.
ins '"'' leave to coiw
and join the troops
who in»v v'^t romiiin
Iftnltinit,
AFFAIRS, OF WJWER CANADA, &c.
79
tPPKR
TANaDA.
despatch respectintr ,t j„ ti^. ...ornine • ' """ '""*■"''' " """« explicit ' —
- Intelhp«..nce haviiifr reaeljl-d this ill.',,.,, .|,,„ rrT'i cr • No. IQ.
theNiaijara river, tojoin any rel)els llut'l. v v l -^r"* 'T't^''"'' "•^i" threatcninc to cross Enrlosures i„
licen called upon bytol. Rip. j, (- Sah. on G I T'l "' ^V'T'^' ' '""'^ "*< "'"" ^ fi' ''• "• "'"^'»
e(,mmBndinLr thS regiments a ulvolunecTrrnl .1, ?'• ^"^- '^''<'""' «'"" the ojfieers H.'-'^P''"^'''
uHifto histxcelleneytheirse vices 'tloZVr'' ^" "1™'' «'"'" request that I wi .""» ''"^«"'''"'837-
who wih l,e ready ../the sli^^htesr;.; e e to 37;: ';,"'? «="'-"" "'''"'" "f thridisfric
fW|uirt; th^:.r services; and J have m i„.l V " ''■' ''""""«'•. "''onld their countrv
.ion be mal. on that fioi.t.er. a ^uffi ",. ' ."^ "'A'" f ""«; "'•" «''<'"''l ""y demZ 'r^^
.hat cpiartei from the London an.ut"iL, iTtt^ '"'f '"'^^'"^^ '"" b<' P""red nuo
I cannot describe n. terms sulficien Iv tr , ' thT . . '"''"'"""f '" I"" i' 'l"vv>..
loyal inhabitants of ihis county are crow'^lin^lo'my nd""^" "'"' ''''^""' "'"' '*'"'^'' "'^ •
Lieut.-Col. Ilackett, &c. &e.
Toronto.
I have, &c.
(signed) AlUm'N. M'Snb, / '
^ t'<donel Commanding.
Copy tif His/ Excellency's Reply.
lam commanded bv his ETcellpneu <K„ Ji. . •j"V(^rimi,eiU House, I),.r. ih 1037
of your des,m.eh of ,ll 1 H „ sS[^ ^„,i^;'^ ='<-k".';vled,.. he r"^ t
tmolhsenee that the rebels in the t liCi tH^l^^^"'"'' '^^'^"'"'^ "'<• \^
pletely disjiersed. """'^" ^ *it"out oderiii:: yon nsistanee, had com"
With i(s]ieet to the mis<rnid(>d men «J.r. I,.,.. .1 .
encys des.re that yon sh.n.Id ma^e ev^r; etr i,^f ,™ ^"' '" ""^, '"'-'-S -' is his Kxeel-
I" every instance be' humanely attended J?! "' "'"'""'^ ""^ "-.gloade.>,, who sho„l,fe
have committed violence ,0 .he p..r«^s_.,r p^:?::;;',! J TSj;;' ^i;:::^:':^:::;- -<' »"x -'■"
have coiniiiitted violenc
«nces with sufficient bail to appl.. , ,„. ,',„, ...„., „.„^^^^_,.,, ^^^^^^^^
' ' I have, &f.
<*"-"«'''> /•'• //"//iv//. A. n
reeosriii-
Sir, ''•'■"'-•I'lniteis, .Sudor',
I luvi: the Ijononr to re,,„rt, that witinn a si rt'lmu.';; ^"'"'^■'v"' December 1837.
yesterday enclosed, togetl.er wUh ,.,y .,1" v r 1 : (2 . ".''.'i'''''". "f "'^' P-'t^''" "'"'h
arsons niaa-hed in and -urrendered .heinselv.Vri 111!:,;. ..'"" "'. ."' "^^'"'^ ""d d>«artected
I iiey were received in the
centre of a s.piare formed y ^v.^ , ,,'' 1 '"" """ '"•■""• '''"-^y «'''i' rec.ivcd ,. the
op,K,r|ui.ity Aius atford^J n^ of e^h m Ir^'t^Sr'"' ';;"' '^^""'■'' ^^"^^
hud placed themselves; that bv tli..| Jl/i 1 1 '*' ''''^" '''"^ «'tuatiun in which thev
llHir lives and propertied, luid Ypl , tt^l h' "ml unnatural conduct they had ofeS
-.iition tiiat'iheSrshoui.r;;; irr^t,!!:!".,-'-^!" .iien- iu>mes,^n theei!;;:^
press
condition tliat they should at ' r,""""' ""^"1 "' '«'""">'" "'^■'
".^j pn.p..r ,0 e:^^.:l';:'j.:::. z R-^iXi; '"xii-^- ^"""'^' -' E-eiie.;;^':^*
Ihe ringleaders, and some of the, most v icke l^;,„l "" ""-' '" '"y Possession:
many ol tEeir o.iice,-s, are dctoincd pr a.Vs m.d I J l.r' '^1 T' ""'T«'' ""■'"' '"'^'"di'*
London, to await their trials. ' ' ".' ' '""" "'"^ l''^'" ""dw a strong esco^to
all IViare's'een a"nJl "C^S/ luff.^! unlominatTn^'Vy^T''" *=""^'^''-. »'«^"--n.
II.C Iraitor Duncombe and linKr^ ,t ^s ^^ L ^ , r'' ^V' ^"^'^^ ^'^'^'-'^'l ^
;;- .0 their allegiance, a.M y. ^^ ^^^.^^ ::::ii tS^^^O^ ^^
4iiF^-'y-^S^r™;"::.nor'"'^ 'r '"^ •"^'"^"- ^---vvmgtotiie
W.U. the n«„H=rou, dt.taclinL.t8nlL'.r.:,'S\r"^- '';'"?'''''* ""S'" '^-^•'pt up
Ufcof tlie rebels, which, 1 am proud to s % „ I 1 *'"'"''' '" '^"S"re the total caJ^
.<; gallarit militia volunu...,. -Ky co^nS vS' i Z' '"^ ''■" '■"""» '^'"•''l'-' ^ -^
"'those few e«. we quit the Held. ^ ^"""'""«» »'•'. » uw sure, give a g.nxl account even
/H friwul tf4hM.I ..f *:J-_ I. ^ ...
uisite evidences, and
«, A_ 1 ■ ' "em. - o -
Colonel the Hon, J,M.i.h lone,.
morning.
I have, &c.
(ligned) Allan N. AVNub.
V.j
1
357.
"C()Ii)inJ I'omiuandiiig.
L 4
LPPKR
CANADA.
No. i().
Enclosures in
Sir F. B. Hirad'a
beipatcli,
a8 December 1837.
80 CORRESPOiNDENCE RELATIVE '"U THll
/>, *,'. — Robert Alway, M. i". v., is a pfMoiier. He wnb taken near Simcoe, <^i his way [<>
the west. 1 nm iiiuiblo to furnish a ewmplete r«tarn ol' tlic jirisoiicrs und arpis.taWen, not
having received the returns ol' the several officers eonimaiKlms; detachments ; but the num-
ber of prisoners amount to nearly fiOO, wjid from 100 to 120 ntles. /
Sir^ Head-quarters, In({cniol, 10 lWc3mbcr 1B37.
I HAVE the honour t(j acknowledge the receipt of your (jesputch of the 18th ipstaiit, with
its enclosures.
I halted here this afternoon at foimyclock, after a very severe march, through ice and
snow, of IB miles. The men bear the fatigue well, l-hope to reach I^ondon tf>-morrow
night. '
As I staled in a former despatch, 11 is my mtention to orgnni7,e a volunteer corps at Lon-
don, of fii.m 100 to 150 men, which I shall submit for the approval of his Excellency^ii I
shall do the saniri at Woodstock, Bnuitfonl, iiDd Smico*-.
It has been reported to me that a good deal of disafl'ectioii prevails in the western disltrict,
particularly in the neighbourhood .>f Sandwich. The rei)orts, however, are very contrkdic-
torv u|)on this subject.
(t IS my intention to allow the militia, except the volunteers with me, and the volunteer
companies' above mentioned, to return to their j^omes ; as I am satisfied that it is not prudent
at this inclement season of the fVear to harass them more than there is necessity for. I am
assured by all those whose opinion is worth having, that on the slightest intimation they
will again Hy to their posts. Tliis is also my opinion.
The remainuig prisoners, except the notorious oftenders, will be immediately set at
liberty, after being bound over to appear at the next general gaol delivery, as you have
directed. ( ,, ' • ,
Finlay Malcolih was taken last night by a party of my men ; others are still lu pursuit of
Duncombc. Malcolm has been sent to Hamilton with several other prisoners^including
Elliott, Austin, and Carroll, the latter from the city of Toronto, and from the township.
There now seems t|) be little doubt that they arc the men who accompanied M'Keniie in his
retreat. The men, with the saddles, bridles(.<!tc. shipped from Bufl'alo (if true) shall be well
looked after. - ■■ ,\
I have written to Captain Gourlay to drill his men ; and to hold himself in readifc^ss tu
march at moment's warning to the frontier, shc^d his services be required there.
I l>eg yoH will appiv to tlie proper quarter fof400 stand of arms and accoutrements, with
a supply of ball cartridge ; 100 for Simcoe, 100 far London, lOtH^frWoqdstock, and 100 for
Brantli/nl. I'lease reply to this in your next communifation.
I have, 8ic. , ,;
(signed) Allan .V. M'Nah, >
Colonel the Hon. Jonas Jones. Colonel Commanding.
, I
gjf . BaiTie, 14 Decembei 1837.
V^ the undeiHigiied, magistrates of the Homo District, iVvc the honour to acquaint you,
for the infomiation'of his Excellency the Lieutenant-govenfor, that on receiving expresses
from the magistrates of the Holland Landing, that an armed band of rebels had marched to
endeavour to surpnsc the capital, prompt measures were taken ,to send forward the militia
and volunteers, the latter organized as clliciently as possible, and directed to place t|j#in-
selves in communication with such forces as, in the urgency of the moment, might have been
assembled, and to co-operate in p)>tting down rebellion. J
It is a pleasant duty to report»on this occasion that the whole population rose en mas«t,
and nobly responded to the summons, leaving none but the women and children to Uke care
of their housM. ' r„ .
While weliave tlie heartfelt satisfaction of thus doing justice to our fellow subjects with-
out distinction in this part of the county of Simcoe, it is with gratitude to an all-Wise and
protecting Providence, whose hand has been so visible in this our day, that the wi«ked and ,
deluded men who dared to disturb the peace of a loyal people, are dispersed, and that we
can return to our firesides and resume our occupations with confidence in the vigilance of hit
Excellency's government.
■^ ** We have, 8ic.
' ^„ '(signed) J. M. Hamilton, J. r.
I _ Jamet Wichetu, j. p.
JK/mm Uteele, j.r'.
, John Whitley, i. p.
Samuel Riehardtm, J. T.
%
Oentlemen ' Government-House, I« December 1837.
I HAVE received the communication of the magistrates of Barrie, in the county ofSinwoe^
announcing the measures taken there for co-operating in the defence of the Governmeni on
the present occasion. Tlie steps taken were highly creditable and judicious, and I have jBr
ticukr satisfaction in acknowledging the loyal feeling whiofc has been so .actively displayed
bv the good people of the county of Simcoe.
' • (signed)
TTid WSgTstrattFof
F.-k-IUad.
i.
X
■•^
AFfAiRS 91^ LOWER i^ANADA, &c.
81
-tNo.
l/PPEK
CANADA.
(No. I.) .^
CoPv of a DESPATCH .„. Ue..t^„.cw„.o.. Sir ,, U. H.., Bart t. ' i^^-o.
„ . , ^ Lord r//<Wy. * ^""'' "'''^•' *^ Sir l^.K Head ta
My Lord, /,, ,', , LordGlenelg,
two Houses of tLc Le,.,a..e i„ .i^r.l^l^S/Zlir ;;;e^.;^^^^ «^ ^he ;
. I liavf, &c.
(si-ned) F.U.Headr
•V
End
lo8urc in No. 20.
wS^'VI " Kl""'' y""' Ex<elle„cy, >
It may seem an inauBpi^ouK coi^icncrmrm 'i 11 m' °'"^ ^PPX ^ign. ^ °'
»"«ndacknowl«la„H .!,„":..: .^"''^^".P^f'*""'' who have Hiilm,,.,^ MlT^V^'^ r
\
l«"»Mdacknowledeeriihe.>crmr?fJ^l ..P*''"".'' *''° •"»»« «>'bmit
thjy «»d their leadeLi^vSom Vh i«^ ^"•''"'*'="* ^"^ 8™»«'y "'ey»S
««tt"«ted followers to I; .^iv of aVo'mnT'-'rr" »'' '■«'''ted lau^.
to dertroy ; and when they conLer foV wh»?T" ^T^' *''«> ^-d m^r^X
«^#. to ruin, guiUHy -/-^ST'^ teTo? thtrf 1.*'^ ^f^" ''^'""^^ "'^W^d their
/=■>
•we-vW de»cribed the »
357
Ives to the
deceived ;
iviiijj; their,,
■ gvofed
_,-_nd, their
ttheY/iiths of
-^^^^^"^^^zz^^j^-i^^^j^ym
exprcssmg our fervent gratiti'idfe^
AlmiiHHP
«0.
V
i^
UPl'KR
CANADA.
No. 20.
Sir r. D. Head to
Lord Glcnel;,
v^ijanuiiry i8j8.
Kncl. in No. 30.
.I*
(OKKESi
'Kei!ative to the
rcunTSbinceH
AliniKlil* I'roviHep.jefi.r hflv.i.t; preserve.!- your Excellency and <mr loyal fellow-HuKM^o
MirroinulJ-d y.*t^fiSi the .li.nKerH w.lli wlucMo.i were Ihrealcncil ; nor <.un we f«M||P^
dcvoiUlv to acknowle<lge the sipml lnter,H»iti?)H.d.si.Uyed by * HucceWion o| circunwtolice«
in favour ottlmi..l.ub.t''antH of tlnH city, which combine<l to defeat thp .troc.ou8 de«g.i« of
the MiBurcoiits, «n(l to give cHcct to the Hpirittnl exertions made m its defence.
Wo feci a iust t.nde u> beiiig inhabitant* of a country whose Governor could unrc«ervetly
throw hiniMll. as your Kxccllency did, upon the loyalty and spirit of the people 08 the «iily
kence'm^eUiry to protect him Iron, .tender, and a» • sufficient support for the law. and
^i.Xt"r«,a.ast tL open violence of tfre.r'dcclu|^d ei.en.i. ». Such an examp^. ««d-*3^
jrlmioim a result, cunnot /nil to raise the clmracler of Upper Canada .n the CHlimation^<r[ »eS^,
Sovereicn and the British empire. '- ... , , ..11 .1 „ '_„ k»„.^
This cxtruord.uary attempt to si,bvcrfc.pur GovernmAt Ima been a«te"d<:'l *"' """"y ^'^^
(ic. ' results ; it has\.x,K,sel] the gross faii^eh.K.ds and deceptions to which the leaders of the
s r rtion had recourJe, in order tf. delude their followers. It has shown, plainly and un-
demal.lv, that the agitation which for many years past has distutl^d the province and im-
p ' ; U t>clt»re, had for its object to separate us from the parent state, t-J S'»t'fy P"v«te
Llice an? l-wless rapacity by cruel acts ol' revenge, and by the plunder ot pubbc '.ml private
XertV Ttt has shown that the free inhabitants of this nrovince are loyal, fa.thlul, generous
imf bravj/; for nothing could be more luyn.aling an.l nAeetiii"; than the ardour and courag,e
w, h'^h the.s<.veralllistrict.. of Upper^-annda, in the depth ot winter poured forth the.r
thpusa.l&s, at a moment's warning, to rally round their Government 1" >'«»""""''' ""8"'
aj^l to extend their protection to their fellow-subjects, whose lives and '";;'■"«« ^"^'''niaU
,.ned. khas taught the abettors of treason that those who really value the.r /'•'=fo"V»nd
are nreparcd like ...en to defend it, inn..ilely out-number those who falsely pretend to be the
advocates of liberty, but who abuse that sacred name.for the jiurfoses ot facUou and gmlty
""The^'lessons, we lament to say, have not been unattended with affliction ; but we are
conf^de^t ill the hope tjiat your Hxcelle.icy, and all who are intrusted with author, y and
thore eve." against whose lives an.l prop..,rty the arm of violence has been msed, will d.st.n-
gmsh, so far^s may be just, between such as have been the instigatofs a..d willing acton. >n
(,uisii, nu lai .1.-. I....T J . 1... r..i....ti .„ o.wl .nrw.riiiiiitv huve been seduced
(his unnatural rebelln
unhappily to take
look with shame u
of their country 1
We have 1
quillity which _
r.i]>ted, aiid the
in consequence of a m
a band of armed citizens
If, in a moment of
subjects of this province i
tV<|se who by falsehotKls and importumly have tiecn seduced
\Ofthe latter, we are persuaded the gicatcr nitndjer already
;.i(ie ui)on that uuilty conduct which has roused the Wignation
' sill tlicn.selvos to the pu.iishmei.t of the oU'ended la^s.V — /
lift Excellency with concern and astonishment, that we t^
tombdiatcly restored to all parts of this province hasCeek .ntcpi
bur riallant and faithful .nil.tia prolonged at this iiicleineutr season,
itraordinury a..d u..ju8tifiable invasion of our Niagara IroilUer by
the United States. , l 1 1
commotion, a..ytl.ing had been want.ne to an.mate the loyal
sub.ects o. ims province .., the dischan;e oftheir duty to their Government, the most powerful
..mt ve would be supplied U the attempt of a foreign pepple to .ntrude themselves upon our
sS and by their inL^ltin^ tLeat to appropriate our lands as a booty to their lawless B«ld.e«
Bu we are convinced the Government ol^he Un.ted States w.U do justice to the.r national
character by aflTording ample reparation for this flagrant violation of existang treaties, and
when the \Le of reflection' has arrived, and, a knowledge of the truth has found its way to
our neichb*urs, they will look back, not without some degree of shame, at the credulity with
which tlieyielieved the most palpable falsehoods, to the prej.id.ce of the Government and
free people ofi-a friendly power, and at the forgetlulness of their obvious dflties as men and
Christia..s which has marked their conduct omthis occasion ; and while remembering these
efl-orts to blow the flame of c.vil discord in a remote portion of Her Majesty » do«>"»o"«, they
will not fail to recall to mind the very different course winch Great Bntain- pursued when
she earnestly offered and exercised her powerf..! influence to avert from theri. the misenes of
a threatened war will, a n.ighty nation then in close all.ance w.th herself, w.thout her having
any immediate interest in the contest.
We bee to be allowed t.) assure your Excellency of our entire approbation of the measures
so promptly taken for calling the attention of the American dovernmcnt to the unpro-
voked agg?cssions of a portion of tlitir people, and for placing on the Niagara frontier a
strong defensive force, under the command of Colo..el M'Nab, the Speaker of the Assembly
whose scvices there" and in the district of Lo.idon, at the head of a gallant niihUa band of
volunteers, have been most zealous and eflicient. ■ . , if u
As we have not been asi^ibled under ordinary circumstances, but at a period of much
anxiety, we concurin opinion with your Excellency, tliat a return to our several districU, as
soon as the necessary business can be disi)oscd of, would be prudent and satiiifactory. • ^
We shall not faiLliowever, to take into our consideration the adoption of such (neasuren
as will most eflectually secure the inhabitants of this province against the recurrence of the
dancer to wfi.ch they have lately been exposed. Bes.des the syhipathy which we fee fof
our fellow subiecU who have .ncuried so many da..gers and privat.ons m defence of thiwt
independence and laws, whose nMf ardour claims the highest, admiration, and demairfb
for them protection Ihroughjthe Legislature, from similar evils, wefrel that we owe it to th«
honour of'^the Br.tish namoHo be vigilant and firm in adopting measures for repelling all
hostile aggressions Lxin our territory, from any foreign power, as well as for preventing
internal dissensions and xhangcs which would only introduce anarchy and confusion into
ItsH hHppy colony;:^^ —
.Legi»lative;t?oiincil Chamber, 1st January 18^8
tsfgiied) " 7. B. Robinson, Speakeil
/■■
/
AFFAIRS (JF LOWKU (■ANAI>;\; &o
h;i
qojremor of the f ro^n^^f Sjgl'caifrr&l!''^' ''"'" ''^''"'' '"'""^"''"'^
May it pleaie your Excellency,
apeech from the throne, at the ow-ni^ „r . i!^ / . y"'"' ^«''"<=n'^^y ^r ymr gmcious
Kith your ExceUency i. irex^r^^on of rn,,'! T"' '"''T' V"^ *'' "'*'«' «in«-erel^?ccL
acceBsion of Her M.trcTtf Queen ViStir^tr'^"";^ '1"=
Pheerfully offer theple^lgc^f our endumr«.|oyai;„^ auceators. JI|L, we
^e feel it umwcessurv to sav thi. U,„ ^ / , '."V"« «"1»P"''- ^F
experienced by your E.ccCncrutSt'j^Srr :,:;![''. ^"V i-olle,.cyW.c pai„
ha» recently ap^ed in thi« and one Xr district oK "'"' """il"'"'' '•^t^'Hio" tha.
truly de.-lared, that looking to the enviable s at, ™ 1> ,,., ? * r"' ^""' ''^"•''"•'"i^^y l'u.s
this attempt on the part of a few wil k, I „„ '^^'^ r^^
demand Bclrious„oticeLdlrH,dem2.1,H^ "'is^H.acd n.en in loo ren'.arkal.le noTj
g-^B..now well known and u^.^^^^' -J^^ZZT ^""' 'f' «"fncy it. origm and pro"
attention. In the meantime we feel Z J /^h^,^ J V ^ """"'"' K-ave and ,,,L,
oyal nnhtia of thiB povince have giv^e^ of he ru. 1. of X. T""""""^' r"[ "''^ ^''''^ "'"1
timea and conHdeutfy transmitted to tlmSov'-cLn 11^1^1,""'''''' '''" '"''' '"=^" "»^'y
Parliament, that the BritiBh Crown canll Ct'o?\ie f i, hV'r'^"'''''':'' "' »'"'^if'«'«l
theinhabitantbof Upper Canada *^'' '""''f""y devoted subjects than
eve^ ei:::i.^S^rL;:K;^;::,;:r{;3't;"f'' -" ^^^ "-«^^ted of tins p,ov.„ce (h...-
t.o„s,and to Sever the lli^on fron the partnt k ao S. ""'"'"","'' /" ?""""" ""'^ "-"«^' '
blesHing, but which ha« been denounce. Tu" a ha^«:f " !"" ''^''y '■'"''•'^'' "^ ""'■ fe'''^'"'^''-'
oefleet tlieir purpose; the loyarsub e"s of oifo. ?;'"''?''' ""''''^^'''r "'''''"''^^ '"""''•'■
themselves in jH^rlect security from soTuUnd wn mt^^ ' ? " "'""■?' ^'"^" "'"> '"^^''"^■<'
unprepared to defend themselves from the ZtZcuT^. 7rT'''f, »"'•• l''"^^'""-' ^vimlly
< power, and gallantly and putrioticallv r^hedZd .'■'""'' ''"'•; '"''' '" ""'^'^"""1
assailants. \o the calls oh.onour; J du v lu.d of n» ■'^/ '"'l'""^'P "d '^""rts of^heu "
of Upper Canada have ever show, hSv^', u\ST.i'\'' l" '-'"'"'.'"^^ "^ t''" Pe-pl'"
only, have they been ;«etuated i„ the re^t-nfeoVesrind 1 ,J ""^'^J'"'"^'?'"^ and those
Oil t.Ua-s to come. Neither can jye LTearVo ^" it"": '^/''''"V"'''' f''«y l^' governed in
f''«fi'<-'t'"nn"ddelightthatwhicfi ju^aUlruThHn'n I ? '"•^""» «dgo with heartf..|,
*ho flew to arms in^defcnce of our OmXtut^hn a, d o.T "' ""' ^Tt """ ""'°"S tJ'osor
forgetting local differences and dis(J^c"fo^r^ n^Tii '' '"'*".' "^r"* "" ^'*'"''' "'"» Parties,"'
».o,>c that these indisputable facts vilTt,£C^^^^^^ and we ca!, only'
enemies pf our ,>eace and pur honour shall raise tteir ^ ""' ""■'"■''' ""''""' ^hcn the
prel«ewhere. '*'"^'*'^ ""'"^ ^"'"s against us in the British senat,-
0fSSlli?/wThZZn"ate»r.\rd:oT''""^'^''''''T""'''^ '
present itself Ur. the ctse of S^e fct Ltn "An"" ?' opportunity wil^itfd.ly
candour, and the dictates of a solenm W fKis J!.. 't' iV'""' ^^ ^"'"^i^m witi,
all oceasioBs, that the root of the evil it oi t ' L f i ' ?'"'"''' '"""""•= "'»^- "'«• "P<»' ■
and mistaken policy wh^h has for yi^lt £^^^"1''' \'"f P-^"»-'«. ^'t- "' the uni^s..
consider invwhat way protection c.uW he fr. '^™ P""""' '^y "loso who were' bound to
to the disj^eeted, and'^to C aS t^rdmir"" '° ""= '"y"'' ™^'"^^^ ""»' <=''conrageineul
toujedis3^e.d.-;»^';:i-:S!c^rSr'^^
B^ves to;imV;"been-j;;^i^Zrr.:m"nSrt"^""'"'r'" '''^^'"'^ ""■"-
charged, w gratifying to the feelings of evJ^T "'-"^'n of which they now stuiul
. pteful to iSivine^Providei ce that tie il^.f^'""^ and benevolent mind ; an.I we a,.
U so slight. Neither can we pas^oS^^ IX j Sn t'"*1 '" ""? """'*"'™' '""'"^^ '"-
manner m which the service committed bv T^v . "' "°"^- ?'"' approbation, the able
of th^^Ious., was performed^ tEir [h^^ll^S^DrstS"'' ^"'''' ^'"^ ^•-»''"
anttSt^y-LXS^^^^ f 4~e learn, that after peace
who had'takei/up arms in XMroi? weXu d be th^elt" defeat and dispersion of all Vhose
citizens of a foreign country, with wLrthe fil "''"f'*-'"'"'' "'»'' » hostile invasion by the
the cause, and it enlist ii^g h. tl s^icc of the Il.Tr 'v"' ''"T"- 7^' f''''''' '""^ ailing
arm of offended justice which wiL raised U, n ./lilh .h'^""r'' ''''"'. '^''"""'"S the avenging
sought to cloak tfieir real cl anirtrr-.u,^dc7th^^.^?r!5 '"' H •""'^"' ""^"^ a"'* ^ohlS-ry^
fl-msy to impose on any oS to plat fheir^nn^ T"' °^ Pt^°'T »"'' ^^^V' *« ^
T^i'^ ?|--" °f 'h. la^s, itCa^d^S'^^f-lnr.^^^ <>f3-
their
lich
( AlfiADA.
No. i>().
Sir !•. J). Head (o
Lord Glciiflg,
,'| January itijK. ,
End. m No. go.
' J M 2
Should
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IMAGE EVALUATION
TEST TARGET (MT-3)
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CpiporaQon
33^ WIST MAIN STREET
WEBSTER, N.Y. 14580
(716) 872.4503
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84
CORRESPONDENCE RELATIVE TO THE
UPPER
CANADA.
No. 20.
Sir K. B. Head to
Lord Glenelg,
3 January 1838.
Kncl. ill No. 90.
we unlbrtunntcly be deceired iif. thrse just nn<i reasonable anticipations, and should this
unwurraiitublc invasion proceed; we beg to assure your Excellency that the people of this
province will faitlifully perforin their duty ; and we doubt not that in defending their
domestic licarlli!i, their wives and fuwilics from hostility and destruction, they will iighi under
the protection of the God of Battles, who will ^ive victory to their arms ; nor do we fenr
but that the protection of the mighty ehipire of which we form a portion will be extended
to our aid, and that her warriors will rush to assist us in this struggle for all that is dear to
us as men and as Britons, as well as to vindicate the national honour, and to chastise the
unprovoked invaders of the soil.
VVe a\yait, however, the replies to the communication addressed to the Governor of the
state of 'New York, and to Her Majesty's Minister at Washington, by your Excellency,
in full confidence that they wHI contain an explicit assurance that we need not apprehend
any further aggression on the part of the citizens of the U^itted Stat^, or from any portion
of their territory, upon ihejiffovince of Upper Canada ; and we rejofce to hear that in the
meantime the defence of We frontier is entrusted to the gallant militia, and that your Excel-
leiR'v has made arrangements for calling forth the whole strength 'of the country, should
circumstances render such a course necessary.
The complete stlccess that has attended the operations ably planned and gallantly
executed by that distingiiished commander Lieutenant-general Sir John Colborne, in Lower
Canada, and the brave officers and men, militia and troops of the line, under his command,
claims our warmest admiration and thanks. We however are deeply sensible that to an
over-ruling Providence we are indebted for the preservation and protection with which we
have so signally been blessed ; and we humbly trust to that Divine and 'Merciful Power to
put a speedy termination to the dissensions that have so deeply affected the peace of these
provinces.
We shall direct our attention to the public accounts, and to a consideration of the estimates
for the ensuing year, as soon as they snail be laid before us.
We will not fail to provide for- the proper support of the civil govemAient, and shoufd
an expenditure of a more than ordinary character be requisite for the safety of the pro-
vince, we shall not hesitate in making such a provision as the exigency of the case may
require. *
The propriety of indemnifying any of the inhabitants of this province who have sustained
serious losses from the outrageous acts of the insurgents, and of providing pensions for the
very few subjects of Her Majesty who may have been disabled by wounds received in
defence of their laws, will engage our serious consideration. We shall not fail to devote our
earliest attention to such measures as are called for by the present state of affairs, and as
will tend to secure the safety of the province, and in favour of these important objects we
shall postpone the consideration of such mutters as the interests of the country do not require
shonia be at once attended to.
We feel that the people who, at this inclement season, forsook their families, and rushed
in thousands to the (fe/ence of their independence and their laws, deserve that every exer-
tion should be made by us for their future protection, and we are sensible of the necessity
that exists of providing for the suppression of such guilty proceedings as were displayed in
the recent insurrection in their earliest stages.
We trust that in the exercise of a sound discretion, we shall be able to devise such mea-
sures as may be best suited for maintaining the public tranquillity, and for protecting the
lives and properties of Her Majesty's subjects.
Our most serious consideration sljall also be directed to the means of preventing or repel-
ling such hostile aggressions by the people of a friendly power, as the frontier at present
. exhibits ; and we confidently believe that we shall be able to maintain the safety and honour
of the province as an integral portion of the British empire ; that watchful over the designs
of our enemies, and prompt in firmly resisting their attacks, the people will endeavour to
sustain their character as a British province, and to show themselves worthy of the land
from which they and their forefathers have sprung.
^f J. (signed) U. Ruttan, Speaker.
Commons House of Assembly, 1st day of January IB38.
No. 21.—
No. 21.
Sir F. B. Head to
Lord Glenelg,
10 January 1838.
Extract of a DESPATCH from Lieutenant-Governor Sir F. B. Head.Bait^
to Lord Glenelg; dated Toronto, 10 January 1838.
I HAVE the honour to transmit to vour Lordship n copy of a communication
I have felt it expedient to addJM|P»*» his Excellency Henry S. Fox, Her Majesty's
Minister at Washingtot^Mtf^vfing the capture and destruction of the steam-boat
Caroline, which, hslVfrig'TOen purchased or charttred bjr the pirates on Navy
Island, was employed by >hcni in supplying the island with munitions of war.^
The coffcspondence on the subject between Mr. Arcularius, CommisBan-^
general of the State of New York, and Colonel the'Oionourable Allan M'Nab,*
^ jmrnandia g the fo rcefcflfrJftgJl Btannk Mgjeatyi gUli i a AL l fj B ctpri l y. e x pl ain ta
your
AFFAIRS OF LOWER CANADA, &c.
8S
on of the estimates
B. Head, Bart^
UPPER
CANADA.
SouS'f ^p,e ''^ ^'^^"^-" authorities want either the will or the power to _
The exploit of cutting out the Caroline I, on6 wlii-h reflects so mneh rr«I,> No. 21.
upon those by whom it was execute.!, tliat^ shall feel it n. vXv f„TJ. ,V ' ^'"^- "• ""dto
gallant conduct under tlie especial co,lside,?1ic.n „f kt M^4tv'lVl ""^ ^ \t1 '''""='«•
I have not t me to address vnnr l.>r-i.i • V 1 -"''jesty s Oovemment. 10 January 1838.
~ ■ c
Enclosures in No. 21.
(No. 1.)
To His Excellency Henry S. For, Es,., Her Majesty's Minister at Washington.
'^'"""'°' . ^m^ Canada, 8 January 1838.
I HAVE the honour to enclose vou the conv nfTr,Z V^' ^""aua, 8 January 1838.
,v«rnn, M„„ K. ._•.•? yi* r^. "^"Py °f a special message sent by his Esiellencv
Stute of New York, ia relatio,, to a m«teron
. v. """""f "> enclose yoji the c
Governor Marcy to the Legislature of the State of New Ynrl ^" "i"'. "^
which your ExceUer.cy will desire the earliest ».ul 1^>...' I","*'"''"" - » uiuiier on
only ,«iched this place yeste^y • aLd ? t no dm.^^ " """" '"f""""'*""- The me«ag^
on the subject. J«"eruay , ana 1 lose no Ume m conuuumcating with your Excellent
steHT-SrSn^X^'ol^er'" ot^oE ttf ' °' ""= ?""^-' '^^ ^^"^^ "f the
Chippewa, in the pi^vi.fce of Upper CuSa ^ 'of^reTt'^*^'' ft^'V' ^"^ «-
A^encan ctizens who we. on Zr, oAZ^ttt'LiT:::: ^LZl'"'^ °' '"'"•=
The act complained of was done under the following circumstances ■ - '
national antipathy of the Fi^nch iSL„L didTT'''"" '" h""""' Canada,'^^elv. the
Province, wtose population. l"ke tCflS'J,^ A ' " ""yde^tee. apply in the tTpper
were wholly oppoSei to the revolt Lanxinn!. '^"l«"™" '-habitants of tower CankST
port of the^Qu^e^s authoritr h S ^e? reD^,re.f f' T'^r*^""" *" ""='' P"""' '"""P"
the 4th of December, that, L a remote ..^rtiro^^p? Oovemment, some time before
occasionally met and drilled with aZ. uXleal™ I .'^T'\' V™"^' "^ P«™"«
not believea by the Government thranvthtr. 1 7." '" '^.'''wffected; but it was
of d,reatened revolt, in oXTto create ad ive^ir 7"'** ^ 'J't'^'^. ""'" '» ""»''« >» "how
The feeling of loyalty threughout"h« pro nee wa knowH'to h^ "''^'" I" ^*" ^'««'«-
sc of r t:?^' ""-■« *« ^-'-^- rorrtie^rc !: t^ i^r-sirpS
the^ntith^S ttr :b:.l ?oT;'^:nf iisi^^ i^i: -'y °^ ^--o -- ^^^^ by
they had murdered a gentleman X^ re^tabihtv iJ tlU h?rh-PP"*''i'V"^.'''« ""y^ t^"*
persons prisoners. ThI inhabitants Tu^ed iS.StoS^^Tt!''' "^ ^ 'Z^ *'«*«
province, and no militia had been callpH onT T^ T^ T^" ^bere were no (oWiera in the
•rmed men came, containsloSo inhabi^ts • £ e^Tf ''t '"'!' ^""^ ^^''^ '^^ P^T "f
• fespectable force, although undiscSim^ waf J Z-il T*° ^^S*^* '" » «''» ''°»«
•waited the threatened attack. It Snow to adm^l^ "i'^ T"^ '" «"'-<'«fe«c., and
advanced against the insuigents, SZuXy^i^t^LZnT^'^^ '^^^^ ^ " ""^^^
was thought more prudent to w«t until «»,.ffi^f ■"*'"""' 'J" formidable resistance; but it
-access o?anattact beyond qurtLr In the ^r*^"* •••?" ^ '^"•*'««' »» P»» the
to oppose the insanrenti. who obZ'ed „„^„n». 'T' fP'* P"""^ '" '""»» «»> q«»rteni
d-erlTby manyTf the^ b^y, i^coin„rnc^^^ •""' *« ** «°°"4. *«"
which their leader had forced them "°"'*1""'"'='' "' "»« ^ts of devastation and plpier into
«.rorder,«,d suffered to^deplTrtolrefr Cs'rr'r^"^°o.T 'T*!^^^ ^?**» ''y
f^^rSe^""^ '"--^^ -i-'^-. •^Vbt'^'2.„r«d'roSri;.t*4:j5
bad'C rr.,t3'i?ronXt^e'"a 'S^jir':^:^?^^^ "'^'^ •» -
dutnct, where it was speedily ioined h«^h^ »! about 400 men was sent into that
tnc^ who assembja, vtf t^Jlf.'S cLli^ theraid^wXUL.Srtif S" °^ "^ "'-
•^Ives and (led. Of t^ew bv far the .rll.?^! i!!"'*" "'*"'• '''"» ^'"'y dispersedf th^;
r^fo^-er"----''-^^^^^
.w«* perfect franqunntywa. restored, «d fn«n that »ob«,I no. a ».n hw "
"^ been
Enclosures in
No. 11.
86
CORRESPONDENCE RELATIVE TO Tllli
UPPER
CANADA.
No. 21.
'Sir F. S. Head to
Lord Glcndg,
10 January 1838I
Enrlotures ini
No. ai. /;
been seen in amiR' against the Government in any part of the province, with the exception of
thb hostile aggression upon Navy Island, which 1 shall presently notice, nor has there been
the slightest resistance offered to the execution of legal process m a single instance.
^ Iter the dispersion of the araied insui^ents dear Toronto, Mr. M'Keniie, their leader,
escaped in disguise to the Niagara river, and crossed over to Buffalo. Reports had been
spread thp«^iM4 elsewhere along the American frontier, that Toronto had been burnt, and
tnat the rebels were-complctely successful ; but the falsehood of these absurd rumours was
well known before M'Kenzie arrived on the American side. It was known also thiit the
ridiculous attempt of 400 men to revolutionize a country containing nearly half a million of
inhabitants, had been put down by the people instantly, and decidedly, without the loss of a
man.
Nevertheless, a number of American citizens in Buffalo and other towns on the frontier of
the state of New York, enlisted as soldiers with the avowed object of invading Canada and
establishing a provisional government. Public meetings were held to forward this design
of invading a country with which the United States were at peace. Volunteers were called
for, and arms, ammunition, and provisions were supplied by contributions openly made ; all
this was in direct and flagrant violation of the express laws of the United States, as well as
of the law of nations.
The civil authority of Buffalo offered some slight show of resistance to the movement,
being urged to interpose by many of the most resjjectable citizens, but no real inipo<linH;ilfc
was offered ; and on the 13th of December some hundreds of the citizehs of the state of
" New York, as an armed body, under- the command of a Mr. Van Rensselaer, an American
citizen, openly invaded and took possession of Navy Island, a part of Upper Canada, situate-
in the river Niagara.
Not believing that such an outrage would really be committed, no force whatever was
assembled at the time to counteract this hostile movement.
In a very short time this lawless band obtained from tome of the arsenals of the state of
New York, clandestinely, a* it is said, several pieces of artillery and other arms, which
in broad daylight were openly transported to Navy Island, without resistance from the
AmeA»n authorities, the peopfe of Buffalo and the adjacent country continued to supply
them with stores' of various kinds, and additional men enlist(^ in their ranks. In a few
'days their force was vuriOi»iy stat^ from 600 to 1,500, of whaiin a small pro|iortion were
rebels, who had fled froni I^^r Canada. They began to entrench themselves, and tlircalened
that they would in a shjOrt time make a landing on the Niagara river.
To prevent this and keep Uiem in check, a body of militia was hastily collected and
stationed on the froittier, uinel' the;, command of Colonel Cameron, assistant adjutant-
general of militia, who was succeeded in this command by Colonel M'Na\), tlie. S peaker
of the House of Assembly, an officer whose humanity and discretion, as well WMfej^ivity,
have been proved by his conduct in putting down the insurrection in the C^^^HItrict,
and have lieen acknowledged in warm terms of gratitude by the misguideoHHpH who
had surrendered themfeelves into his hands. He received orders to act on the,cMaBPve only,
and to be careful not to do any act which the American government couldf justly complam
of as a breach of neutrttlity. ' ''
An official statement of the unfriendly proceedings at Buffalo was, wttkout delay, oatlie
18th December, made by me to his l^xcellency the Governor of the State of New York, to
which no answer has been received ^ and after this open invasion of our territory, and when
t became evident that nothing was effected at Buffalo .far preventing the violation of neu-
trality, a special messenger was sent to your Excellency at Washington, to urge you, interpo-
sition in tne matter. Sufficient time has not'^«t elaped to 'admit of his return.^ Soou
after his departure this band of outlaws on Navy Isfdhd, acting in defiance o£the laws and
eoTeroment of both countries, opened a fire from several j^ieces of ordnance upon the
Canadian shore, which in this part is thickly settled, the distance from the island being about
600 yards, and within sight of the populous village of Chippewa. They put several balls
(six-pound shot) through a house in wliich a party of militio men were quartered, and which
is the dwelUng-house of Captain Usher, a respectable inhabitant, Thejr killed a horse on
which a man at the time was riding, but happily did no further mischief, though they fired
also repeatedly with cannon and musketry upon our boats.
They continued daily to render their position more formidable, receiving constant supplies
of men an^ warlike stores from the state of New York, wnich were chiefly embarked ut »
landing-p^ie on the American main shore, called Fort Schlosser, nearly opposite to Navy
Island. Tkis pUU:« was once, I believe, a military position before the conquest of Canada from
the French, but there is now neither fort nor village there, but merely a single house occu-
pied as a tavern, and a wharf in front of it, to vvliich boats and vessels are moored. The
tavern had been, during these lawless proceedings, a rendezvous for the band, who cannot
be called by any nante more appropriate than pirates, and was in fact openly and notoriously
resorted to as their head quarters on the main land, and is so to this time. On the 2Btli
December positive information was given.to Colonel M'Nab, bv persons from Buffalo, (h*t
a small steam-boat ciilled the Caroline, of about SO tons burthen, had been hired by the
pirates, who called themselves patriots, and was to be employed in carrying down cannoo
and other stores, and in transporting men, and anything else that might be required, between
Fort Schlouer and Navy Island.
He resolved, if she came down and engaged in this service, to take or destroy her. She
did come down, agreeably to the information he received. She transported a piece of artil-
lery and other stores to tne island, and made re|>eatod passages during the day bclwccn lh<
jiilrynH and the mnin shore. In the nig ht he sent a partj of inilitin in boats, vi 'tm orders to
' ■ '" .^ take'
X
-€>
)rcc wlmtever was
' ; AFFAIRS OF LOWER CANADA, &c. 87
, equally'^nknown to iLTi'Xl Ty Tct weSeT '" "" *='*'"""' ""•* '' ^"^ '^^ "
this necessaiVact of selfSce ^ "' '*"''* ""' P**^*"'' "> '■"» <" "^a^on,
Fitteen davs had elapsed since the invasion of Upper Canada bv a fon-P pnli.#.^ i
and equipped openly in the state of New York ^ enhatcd, armed,
, ^'his '
idfl^who
was tdpn'ra, K^ai-j 7 ""rC'-' '" ""*" "i ■■'""■ F'"<""nce,.ana naving lied to the United Statps
I send with this letter: —
«pU-3chK"'"'"'""""''''V'° •"" Excellency Goverribr:Marcy, to which no
orllc.^^'^a^ZZ^Z"' ""' -''^-eea^nJ order .^.pecting the destruction
3. The correspondence between Commissary-general Arcularins of the stiitP nf N»^ v v
J..Other cormspondehce. arising out of the present sU^te of things on the Niaga«
S. The special message of Ooveinor Marcy.
Ka^f ?T"°"' '•'•'"'."f «^i" « our fiSr may be thuTd^ribed :
UI'-PEH
CANADA.
No. 21.
Sir V. B. Head ,„
loril Oleiiclg,
10 Janutry i^^g.
Enclwurci in
Hah.
J
-.11
^■'
r
86
CORRESPONDENCE RELATIVE TO THE
UPPER
CANADA.
No. 21.
Sir F. B. Head to
Lprd Glenelg,
to January 1838.
Enclnum iff
No. 31.
it be a question, is whether U|^p(^r Canada w** bound to refrain from neccsaary acts of nelf-
defence against a people whom their own government either could not or would' not control.
in peniBing the niessap^ of his Kxcellency Governor Marcy to the legislature of the state
of New Vork, your Excellency will probably feel some degree of surprise tlmt after three
weeks' continued hostility carried on oy the citizens of New York against, ;tfae people of
Upper Canada, his Excellehcy seems to have considered himself not called upon to make
this aggression tfie subject of remark for any other purpose than to complain of a solitary
act. pf self-defence on the part of Her Majesty's province of Upper Canaoa, to which such
miproroked hostilities have unavoidably led.
I have, &c. .
r > (wgned) F.B.Head.
...„ ' (No. a.)
Copy of a LETTER from Hi IV. Jtogen, Esq., District Attorney of the County of Erie, to
the Hon. Col. M'Nah, Commanding Her Majesty's Forces at Chippewa.
Sir, Buffalo, 29 Dec. 1837.
OyR city has been thrown into commotion this morning by ik- report that certain forces
under your cc»nmand had within the last 12 hours landed upon Grand Island within the
territory of the United States. I have no confidence in the report and believe it utterly
without foundation, but to 'quell the apprehensions of our citizens I have pledged myself, as
an acting officer of the goveniment, to take every possible means to ascertain the truth of the
report, arid to prevent such an occurrence. In the absence of the marshal, I have commis..
siqaed Judge M'Lean, of this city, to wait QiO vou immediately, and to make you acquainted
w9i' the present attitude of affairs. The jiidge' will bear this to you, and upon his state-
iDWts ana representations you can rely with the most perfect confidence. Be assured. Sir,
tit&t the public authorities upon this frontier will put forth every effort to restrain our
oitizeua and to maintain a strict neutrality.
With great consideration, I am, &c.
(signed) li. fVi Rogeri,
Dist. Att. of the Co. of Erie, and
To Cd. A. N. M'Nab, ■" Acting Alt for U. S.
Coounander of Q. M. Forces at Chippewa.
■ .. ^(No-3-)"
REPLY of Col. M'fiab, to H. W.
Esq.
Sir, 1^ Head-quarters, Chippewa, 20 Dec. 1837.
1 HAVE the honour to acknowledge the receipt of your letter of this morning, just handed
to me by the Hon. Mr. Justice M'Lean.
With respedt to the report in the city of Buffalo, that ccltdin forces under my command
had landed upon Grand Island, an island w^jjiin the territory of the United ^ates, I can
as8ui« you that it is entirely without foundation, and that so far from my having any inten-
tion of the kind, such a proceeding would be in direct opposition to the wishes and
instructions of Her Britannic Majesty a Government in this colony, whose servant 1 have the
honour tA be.
Entering at once into the feelings which induced yon to address me upon this subject, I
beg leave to call your attention to tne following facts : that so far from occupying or intend-
ing to occupy that or any other portion of the American country, aggressions of a moat
serious and hostile nature have been made upon the forces under my command from that
island. Two affidavits are now before mei stating that a ▼oUey of musketry from Grand
Island was yesterday fired upon a party of unarmed peraoni, some of whom were females,
without the slightest provocation having been oflered. Tliat on the same day one of my
boats, manned by British subjectl, passing along the American shore, and without any
cause being given, was fired upon frpm the American side near Fort Schlosier by cannon,
the property f am told of the United States.
I have also before me most poeiti«« infermation that a •team-boat, called the Caroline,
was sold to the pirates who have joined the rebels in Navy Island, and leaded with provi-
■ions and munitions of war, not only within your country, but immediately onderthe notice
of the authorities of the United ^tatea and of'^the citizens of Buffalo, whonlf ou state to have .
been thrown into commotion by the report mentioned in your ebmmunicatiod, and that these
■tores and munitions bad been f(>rwaraed to Navy Island, pit the use and asaistance of the
band of pirates assembled therej, for the avowed purpoM/of invading and plundering the
country, and dividing Her Britannic Majesty's lands amoagst their deluded ioUowera.
I / I have, 8cc.
j (signed); Allan N. M' Nab,
I / &\. (j^manding Her Majesty^i'Fbrces
H. W. Rogera, Esq., . on the Niagara Frontier.
Diatrict Attorney, lu. lie. tec.
Pfp
mmmm
e servant I have the
•Affairs of lower Canada.
<cc.
89
\ ^ (No. 4.)
I HAVK the
govenilor, that
\ ^ . I have, 8m:.
\ («"gn«l) 4.N.M'Nab,
\ (»'K"«1) A.A.M-IVab.
(N"o.6.) ' ^
CANADA.
No. 21.
St F. b. Head to
Lord Glenelg,
10 January 1838.
Enctnaures in
No. 21.
I. 1 J '^ " " '""^ way ol
healed. Captain Warren (lat,
To CoL Strachan, MiliUry
&c. 8tc. Bus.
\^oftheOOth) is doing duty a.su8ua?. ' '""''»«"• be
^•«»'y. (aig^ed) Atla, N. M'Nai,
Col. Commanding.
r> ' \ (No. 6.)
Co'T Of . LETTER from Captaik Drey, C^^ a \.
di*'?h?"ote; ^"'''"» y-' i"' in"oti£srto'vX'^'~' »". °'^'»''«'- "37-
••^-t fi^, P ^of vji^' "^ yesterday, I o«lered aZk^uTtT^ t^t^ ^'^?'* "'«' the
«ported the r^LV^ ^'y- r''''." "•« »l»y had clowdTn Mr*Sl^J'*'P*rT" J*"' ""^ «
boata^)^ ^ to me aa having mived off N«^ 11 "'•!!«'"». of the Royal Naw
«d found her m^itei!^.^'^^4^«"di^^^^^^
off f«.m the Tor; kXX^^ f "*?'"»'«'". -n^ atX„t ^
«d found her m<^S^^t'Z^ZTf"^''"^ herthere J e:
I f«WluMmWedX b«^nf??i, ""'^ *>■"* 'he main ahoit.. ,
8«gw«y hailed n«, and S for th„ 'T" ?" V*"^ o*" her.SShi
» W men upon her deeks X S^ ' *,T '" """"ediately boar
TT!::!^. ^'hecu^^^ri^.rnTn^s'Si"*;:^"''' '"'' « '-^
cted, we went m seftreh.
1?^
quietly down upon the
" the lentrv upon the
we would give when
. and found from So
»nute« ahe was in oor
'le Fall* of Niagara,
^^"h «< » wrd iiig i^ th» U Mg «» 4rf ^ ^ ^- _ |hoae jtho ^u^^^
- — , ».. .....^.^ „„
bonght It possible
I cannot
UPPER
CANADA.
No. 21.
Wit F. B. Head to
LorJ Olenelg,
lo January 1838.
Enclotures in
No. «i.
I '"^
90 CORRESPONDENCE RELATIVE TO THE
I cannot speak too highly of the conduct of the officers and men who accompanied me;
their cXesa and braveV show, what may bo expected from thein. when the.r country
r«iuir«8 their scrYices. Where all behaved so well, it would be invidioua in me to part.cu-
lariie anyone; bot I may be exipuded .for mentionmg the gallant condtict of Lieutenant
SheDardM'Cormack.of the Royal Navy, who nobly seconded me, and hwl to encounter
MTeral of the pirates iii the fore part of the vessel, by which, I regret to say, he has received
five desperate wounds. We have also two others wounded ; and 1 regret to add, that five or
six of the enemy were killed. A return of oar wounded I beg to subjom.
A ' ' I haye, ow.
(signed) , Andrew Drew,
Commander, Royal Navy.
P ,S —1 beg to add, that we brought one prisoner away, a British subject, in consequence
of his acknowledging that he had belonged to Duncombe's apny, and waa on board the
steamer to join M'Keniie upon Navy Island. A d Dr
Return of the Wounded :
Lieutenant Shepard M'Cormack, Royal Navy
Cuptaiii Warren ------
John Arnold - - - - • -
- desperately.
- sli-zlitly.
- severely.
Andrew Dr«w.
(No. 7.)
gj Niagara, 1 January 1838.
The Lietitenant-govemor on his arrival here, has this moment received your despatch of
this day, enclosing to his Excellency the report of Captain Drew, R. N., of the capture
and destraction of Uie piratical steamer Caroline, whilst engaged in the service of the rebels
""nis'^xcelkncy desires me to express to you his unqualified approbation of this proceeding,
and he desires that you will convey to Captain Drew, to Lieut. M'Cormack, and to the other
brave volunteers who accompaniedl him, his thanks for the important service they have ren-
dered this province, and which his Excellency will lose no time m making known to Her
Majesty's uovemment. ,
I have, &c.
(signed) J. M. Strachan,
Col. the Hon. Allan N»pier M'Nab, . Military Secretary.
gic. aic. Sic.
(No. 8.) ■ -^ ^^ .
'■v General Order. '
Head Quarters, .Chippewa, 3 Jan. 1 838.
CoLoNKL M'Nab has great satisfaction ii^ announcing to the forces under his command
that the destruction of the steam-boat Caroline, in the employment of the pirates in Navy
Island, which was efiecUd in a manner •o highly creditable to the gallant volunteers from
the naval brigade and troops in the night of the 20th December 1837, has met with the
unqualified approbation of his Excellency the Lieutenant-governor; and that hi« Fxcellency
desires to express to Captain Drew and the brave volunteers who accompanied him, his
thanks for the important services they have rendered this province, and which his Excellency
will lose no time m making known to Her Majesty's Government.
(signed) K. Cameron,
Assistant Adjutant-General.
(No. 9.)
»'»*'jp*'i,»«*»*'^i>*'i^' •>*'j(»-^\»'*«'»-«'i,-**.*
-ThHoWawwag aw th» AffidwTim Mfrm\ tf)JB.£algBiy£^||i Coi^T;ondence :
Affidavit of Sytvanus Feami Wrigley, sworn before Mr. Justice Hamilton MemtC^ST^'"
Chippewa, 30 Decenii)er 1837. (Kufe p. 2.)
Affidavit of George Nolop, sworn before Mr. Justice Rykert. at Chippewa, 20 December
1837. (Vide p. 3.)
Affidavit of Luke Walker, sworn before Mr. Justice Hamilton Merritt, 30 December 1837.
(Virfep. 4.)
Diatrict of Niagara,! James Wood, late of the city of BuflWo, in the state of New Ytork,
to wit. J mariner, but now of the village of Chippewa, in the province of
Upper Canada, maketh oath and saith, that he was at Buffalo when the steamer Caroline
=;:w«» cut out of the ice; he •&* the men iFfirkJBg at bm, and in his opinion the numbers
\ employed
■ulitw Dr£W.
AFFAIRS OP LOWER CANADA. &c.
91
Sworn before me >t Chin„. • ,. , (»'gned) j„^„ yy^
«e, Ch.ppewa, .a the d....t of Niagara. thi.,.h day of Ja„„.., .e.a.
, '^''"TierJVe/Ui.J.p,
UI'PKH
CANADA
No.
Kiiclosuie* in
No. ai.
(No. 10.)
*>r*^'.
l' («gned) Andrew Drew, ■
Sworn befo«|»e at Chippewa, this .oth day of January , Sas":"""'"' "°'^' '"''"
I — -__: (signed) Jame, Cumming,, J. p.
o . ' (No. 11.)
GOPT of a LRTTER f«,m .h Honourable All^n N. ALSal, Colon , r
• gj^ J Lieutenant-Colonel SfraXV ''";"'' '^'"""'"'J'ng. to
Head Quarters, Chippewa, 2 Jan. leas
Ifd otiou bv Mr. .Smf.r ' ,7, • '''^"•
Lieutenant-Colortel Strachan,
Militury Secretary.
I have, &C.
(signed) Allan N. M'NMb,
Colonel Commanding.
CoPTofaLETTBRf n ^^o- '2.)
^- ^-^"toSotrrllli'-CotTr^^^^^ state of
^'•■, .. _, ^''**°'^'"' York. Niagara Falls
I hare. Sec,
"•"ary-Oeneral M.hUry Store.. State of New York.
35r*
Ti
■!
93
UPPEW ■
CANADA.
N6. 21.
Sir F. n. Itewlto
lord (jlentlf,
ic January 1838.
Encloturei in
No. at.
CORRESPONDENCE RELAtlVE TO WE
Mayorof^./<./o.anaothe«. A.b«.y. 29 December 1837
Gentlemen, _ __„,i„.i„ thx tvarpr hereof. General Arculariui, tne
Pekm.t me to^trpduce to you f^'r'^^'y. ^f^^^o^ 'person, that «>me of the
commiBBary-^elgipal "^ ^»''» •»»^.,;^"'i*"i^, K an,! .ituated in th.
piece, of oilnffice, and oU«r y"''«*'T^ P^Pj^s'^ho O '»>• custody of them, and earned
■■'r. w" rSu^ss* u, ,„ fo, -., .id o- «fc™«"" -k*' »«• •"■" I-" " " '"^
power tq afford him. j hate, &c.
, (signed) W. L. Many.
Cop, of a reply from the Honourable'i^N.'i'N-* toC«n«iM«T^> Ar^^.
H.ad Quarter., ChijJpewa. 2 January 1838.
. „^:U this moment had the honour - -^^^-^^roSS ^tA^dt^S
vou solicit a suspension of an attack on me assemowK ^ _ »__ .„j „J„„„^, .torei.
' ■ 1 f <K> .••rrsnaer of aUV «
.licaSon evince, a noble de«re on 'he pwt ot the ^ ^^^.^. ^^
you solicit a suspension of an attack *>«» "^"^^X ann» ordnance, and oranance stores ,
Lu can demanfthe surrender of "^^y^^^Voi^f XhT^as^'mbl-ge have obtain^,
hel'
the CIUIIUCBH***' |^v«— » 1
and assuring me that the above apphc
on vour oart. or on the part of those c
°"is°"thrab;ve applicaSTn evince, a noble «e«re on .n.^^ "„;•"», ^"mainUining th;
sincerely to co-operate vnth the .G°'f,"^*"* "[^j of"^^, who hive equally insulted
laws of nations against the atrocious ''V^'^. "'^ ?,„^^^^^^^ their property, and by openly
the American as well as the ^"'^^.''"^''^^•^^^^fiiy^fthat h^viSg-lien dir«:te<r7o.^
setting their laws at defiance, I lose no '^« ^° /^"J^^ ^e citizens of the United States, in
dially to co-operate with the authorities, as ^«" "f *''"^^d the British Empire, and to do
maintaining tSTe treaty which »'»1JP!>; "^L the effuSoThumL blood, 1 shall have great
ev^ery thing^n mft.ower to avoi^, '^^J^'-'^'^'J^^ t^*^" u,^, and will cheerfully ,con«!nt,
a-r^Tf-S:glSaS^S^^
ja^fa^n^^Su^sq^'Si:^ •
deprive these people of Uie arn« of ^V^^ ^^"^ pvent\hem from receiving from
clandestinely possessed themselves of, wiU induce you u, y
your shores any further assistance or supplies, ^ ^^^^ ^
, u (siened) AUan N. M'Nah,
To Commissary-Genera^ Henry v ^ ^ ,^ ^^^^ ^^ ^ ^vugm. Frontier.
Arcularius, Esq., eic. «w^. etc ^ • ■
(No. 16.)
Head Quarters, Chippewa, 3d January MSB.
w'.XH reference to your letter t„me of y.u^^^^^
honour to inform you that have ««"!,t„ ^ The ^h!rities of the United States,
command, which f trust will be ^^'^f^-t^^.^*!^^^^ upon Nivy I^ «nt.L
IZgtbeinformedofthere.ultoft},atapplicat,on.^^^^ ^
AUiin^. M'Nab,
» , Col Com» H. UVforees on the Niagara Frontier.
Com. Gen. Henry Aiculanus, \*^»- ^'O™* "• ™- " ^
eic. &c. J .
(No. l«.> ' '?^
Head Quarters. Chippewa, Ai«rt. Adj. Oeneral'a Offi<*
1 8 January 1888. .
c£eTM.5a«ngde«ro«a ".^ it^t^rr^B^tc^Mlj "^^^^
peace and amity which happily «"'\^,^f ^Ved "KumSU o^f Commi.^i5«»«'
^^^^the United States of ^""^'^ ^^^l!T^%^%^ ci New York, thatit.tffl. ^
, Henry Arcularius, by c^pHMmd of the UoTenwr oi «m «■« « ml*»tioB
AI^FAIRS.OF LOWER CANADA, fc?.
OS
iBTe it in your
, tlenenl'* Office.
c.«fl.l to .b.U.«Aom wmmUtKv ^^f . f ZT "" ''"P"™ S™"«' **" ^ exceedingly
Amencan ciUMnij. •^"""""'K «"> wt of aggre^n ,g„„,t the perwn. or properti^ToY
' f. Cameron, A. A. O.
To Colonel M'Nab, Commandu.g Her Majesty', Fo«e, on the Niag.,. Frontier.
Sir. ^'"'e °f New York. Niagara J?all.,
^e. for the purpoee ^f per-SSg^ hirtoTr' 'tLtTtSe'^^^^^^
^«. the orijinaJ, which h^ ^ .CS in wnlv^x^.^Li^^"^"'''^'""^''"'* """"'^ *■'-» »°
twoc'clock ofthit day to make hi^anLwe^'^/nHFT^ * '"''* *" ^ ""''*«* t*"* "«">
four o'clock to furt.i.h'hi.arwer and r.n„^^^^^ '^"'"°*'" "^T""*^ further delay till
tunately, it i« no ™fl,e o'clTk aj.^ I i^'" f J^''^!^ consented. Bat. unfor-
therefofe, with great re^ ^^iiLT"^* JV ,T!'P.* °' ^ l'^^^ """■*"• > a™,
Re„8.ela;rtooeeythSm3WheGr,™,nf fl.^^^ '"'«'""'" "^ ^r. Van
«.d arms to me, in compZTwith them ^ *^ ^'*'*' *" '""•""'" "•« "'''"V"*
poi;:ZnSh'e"mr^'i'^^^^^^^^ '^ -" - the nec^.^ efPorU to obtairf
whlh'i t^in'i"nTc"It ™3VS info^f *° yr>^'"""' r '^'"^ '■"'*''" -«=-. -d
.ubject. . shall hasten z ^:'j::^tzrzA:[:^, ^z::^:^''^'-^' ^ ^h..
I hare, 8ic. ~ ■ ' «'
„_ (signed) Hemry Anuhrius,
- Commissary-General Military Sjtores, S. N. Y;
. - (No. 18.)
To Colonel Allan N. M'Nab, Commanding Her Majesty's Forces on the Niagara F,.ntie<
Sir, S'«'« "f New York Wednesday evening, o'clock,
' _ (•'gned) ^enry ArcnlbriM,
Con»u.i»sary-General Military Stores, S. N. Y.
T n "^ '''^ ^No. 19.)
To GenenH Arculariu,, CommissaT,-G«ne,«i^t.te of New York, now at Niagara Falls.
Sir, ^ ' He»^ Quarters, Navy Island, Upper Canada,
..IroVi^ST^h^^LTofm' ^::;Lrir''*"'l^^^ «— nt
could not be assembled in^me to irvour r^t Jt the * "'ffi^""'t,""-»»>«' to form a boarf
was considered juiit to defe^a r^fv L^dl t^^^- k^? '"'Il'l'***'?'!^^ " '^'^'^'^h it
municate to youV d^ioa rfSCrd '^^'"^''' "'"*" ' ^'J,' «"»'« ^he honour to aim-
I llave, &c.
(signed) Reuts Van Remulaer,
■ ' ^ Commanding, &c.
^ (No. 20.)
Colonel Allan N. M'Nai, CommUMing Her Majesty. Force, on the Niagara F««tier.
Sir r StateofNew York, Niagara Fall.,-^'
Uit^f S'ta^rir.; %'^^:^t^ P-lamSsie^roS«n. by the
country. ' " "a^*' ^*^* *» morning, w.ih »,d to enforce the laws 3? our
«.«^d«re to you, wluch ,. to know, ^Mi.^C^J„,^l^^^*l^^
(JPPEIl
CANADA.
No. ai.
&ir F.'IK H«ad to
I Orel Glenelg,
10 January 1838.
Enclmurti in
No.»».
J
i.
per-
mitted
f
94
CORRESPONDENCE RELATIVE TO THE
UI'PEIl
CANADA.
No. J I.
Sir r. B. Hta4 Cu
l.iirtl Glenelg,
lo Jtiiuir^ iH.lB.'
r.nclorturi'A III
Vn. II. '
i;
iiiittcdto find their woy to their re»p!ectiy« home* iir Canada unmol^tedt, and to be enabled
lo My that the dchuioo under whicn they haie acted will be pardoned.
Were I |x>rmitted#lr1{ay toroethinK positive in thia relation from the aothpritiea in Canadn,
to the niin^uidrd minda of many of my' fellow-citiieni, both on thciilan<l and on thia fron-
tier, it doea appear to me -that I ahould thereby be enabled more peaceably to attain the
object (ot which 1 have been usiit here ; namely, U) recover the state m^ilitary property clan-
destinely abstracted from various depots. '
It apfwars to me that the feverish scruples atid agiUtions now exiatin| would be softened
thereby, itpd the object of «uppreaaing the designs of the insidibusly inclined be lejfl without
an argument for ilieir inaane practices.
With nil deference and respect I submit this propositiA to your roost favouraWe and
honourable construction, as it emanates from the most sincere desire oh.jg||yMrt to,attBin
die object of my mission in the most fieaceable manner. ^_
, I ture, Sc.
*/
■* (signM) ^""J Afcularimt, ^
Commiwa ry-Oenerd Miiitary Stont, S. N.y.
(No. 81.) '" - ^i
'~ AMftBicAN CrriiENs^
Wijl you listca to the voice of reason, and the obligations of duty ? Will you reapMt the
lunn of your country ? That every true patriot, every friend of our own free and happy Re-
pulilij, who desires and prays for the oontinuanise of those inestihiable blessings, which flow
irum our own fre« and liberal institutions will do so^ cannot be doubted.
You are forbidden by the laws of y<Sur own country to arm yourselves for war against a
nation with whom your coiiiitry is at peace. And I am directed by the public authorities to'
arrest every man jvlio shall violate this law. A sense of duty, and the oath which I have
taken to obey this direction, irfipel me to its performance.
I call therefore upon you, by your own sense of duty, and obligation, as^u value the in-
terests of your own country, and as you revere the laws of your own choice and adoption^
that you pause before you violate those laws, and subject yourselves to the, high penalties by
whicii those laws are sanctioned. .
I am on the ground with my officers at this place, for the purpose of testing the efficiency
of the laws, with a fixed and determinate resolutipn to arrest every man who shall violate
tlieui ; and I call upon all good citiiens to aid me in the performance of this duty.
(signed) 'N\ Garrow,
Fort SchfoiSer, January 4th, 1838. U. 8. Marshal, N. D. N. Y.
(No. 82.)
Sir, , - ■ ,. Head Quarters, Chippewa, 4th Jaftuary 1830.
1 HAVE the honour to acknowledge the receipt of your letter of this day, enclosiiyg^a \)t6^^
tl&ination issued by N. Garrow, Esq., United Sutes Marshal for the northern district of
Nriy York. i- • J •
It is with great satisfaction that I have receive4 Jhis further proof of your sincere desire to
prevent the conjinuanct of the illegal proceedings' pursued by a great number of the citizens
' of New York in arming themselves to invade this province.
My object in attacking Navy Island is, not to obtain possession of the persons either of
Anifric'aii or Of Canadian subjects, but simply to rtcover for Het Britannic Majesty by force
of arms, a portion of the British empire, upon which an American citizen, atyliiig himself
11. Van Rensselaer,' general commanding, with others, have, ifi violation of the laws of
nations, presumwl to^onstitute for Upper Canada a provisional gpvepiment, whicli promises
to jiarcet out to its adherents the most fertile lands in this province.
TIkisc, therefore, who may think proper at once to depart from Her Majesty's island, are
at full liberty to do so ; and even >vheii I attack:,if, any who may lay down their arms shall
receive from me no personal injury, but will be made prisoners to answer for their conduct to
the laws of this province.
( I have^c.
(stgned) AUan N. M' Nab,
. CommissBrvrgeneral Henry Artularius, Colonel commanding Her Majesty's Forces
itc. 8ic. 8ic. , on the Niagara Frontier.
• « (No. 83.)
"lir ' Head Quarter*, Chippewa, Jan. 7, 1838.
1 HA-S*)! the honour to encUise, for t^e information ^f his Excellency the ljeut.-go*ernor,
copies <if eommunications which I yesterday received from Commissary-general Arcularlns.
I alsb enclose a copy of a printed letter (rora Judp M'Lean of Buff^o, in order that His
Excelloicy may be in fjill possession of everything that has transpired Kere.
Aftei*, a careful perusal of the whole, l.would respectfully call the attention of his Excel-
lency to'.the iituation in which the forces uftder my command are placed.
\ ' I have, &c. '
\ .. (Hgned) Mia* N. M'Nab,
~Xwtit.^T««c1iffirMaaey««fe«iff. =f^^^^^' Colonel commaodiag^^
\ '■ ■ ''■/.*■■ t
-a.
-4
1 to be enabled
AFI^Ai«S OF LOWER CANADA, li:
9S
(No. U.)
' Sir, • * ^ StotoofNewVork. Ni.g,«Pd|,,'
• '='''C'-"i«0'I fend you acoDvofa l««im..-„.Lj l- » January laSB.
you may the betCr apWeciato iL ..!i. "**"^ ""• ">on"ng ftem Van Renaaelaer th.i
«dulou.ly ende.^offio'at,:j,r£ °puiL^"of .:• '-"-^ '"* P-*""* '^«. ' »•..«
\ ' • ^ y Iha»e.&c.- ^
<•«"«<'> limy Arculariut, .
-CammiMary-general.
• ANADA.
Sir F. B. Iliad i,.
Lord Ol«iii-l({,
10 J«iiu«rv i8)8
^ncloiinrr> in
No,«i.
\
whicli promises
ion of his Ezcel-
(No. 24.)
To Wean, Arculariu,^ E«,.. Co™n>is«.r,-ge„er.I of the.State of New York.
_Sir, • Head Quartera, Navy Island,
When I accepted the command of the fonv.. „«- .k . .'' ■'""'«7 »830.
..on of o,dnam:e and arm., .om. of wfi 1^ ieTe w"™ o' "'r^' '■°""'^"'«™ '" Po~e»-
T.te mdividualB, other, u loan, to bo returned whin. .k""'.^'''"*^ "» donation, from pri-
mi|ht b« accomplUhed. ""* whenever the objea ^hich called ulrtoget^er
burr.!lrj!i„":!!"|y .'A^'''""' ^--^ made upoa the «u„e ..™. .. , .._.._. ; ..
— «^» u» ncijompiuned. " ""= ""J«^ ^^nicn called urtogether
f ry%'irh^.,?£r irifoTitraSVoK"'' '^^ ♦*"- - » -<'--'■ '« ^
%te",rd1htE..^L'e"''='- ■" iir '^" "* -^ ^-- ^ "»- •" «" case.'
but my
J have, 4c. • \
UignedJ ^e„ss. Van Renuelaer.
' .. Cdmmari'ding, Jtc.
•^'
(No. 20.)
, ' v"o. zo.; ' . \
". <*S„ aated l-hippewaj 20.©ec. 1^37. (/^»rfe p, 2.)
(No. 27.) ' . ~ -1
'«*«"S l"h]iTcommI^[cft^ TySu """"'^ "*' P[*P*'«'' infi'nnatiou of an occui^- '
-f£Kh'i''p?o':r5uV^^^^
wt^r^^^ fw'nbeperceiv..that;;:.team..
"Ithin the liiito of this State on thrniJht Ifr^l^ "' ?*=''lo8ser, on the Niagara River
i^^ir"'? •'""^' "^ ««** ««1 other pLraoM^A ^^^ ,"^1 '^~"' "^^ '^'""•«' «°
were Buddenly attacked at midnicht after ih»u!S. i"" ""eam-boat, amounting to 33
one-Unrd ofiem wantohly iSci^r^ Th7l!!* """*!' ^ '^^^' «"*« P^l^Wy more than
iSSrr'-^V*''-'^'*'S^-tot^emX"Zt^^^^^ r-m/e wharfto. which U- i
^"teamed over the Niagaii Fall. TwBlvf nf t ^^ '"'^'■' •"«» by theYorce of ite cur-
■"'Ming; and there i. groSnd to fm tharfllv ^^^^"1"? ^^° "«« »" »H)ard of itX
onew. Wledon^wharf.wd aevend "g woLg? *'"' ""T* '""'"J'"* '^
V, '
..V
K^
96
CORRESPONDENtE RELATIVE TO THE
• UPPER
CANADA.
No. ar.
SirE.B. Headtb
Lord Glerielg,
10 Juuiaiy. 1838.
EncbMuret in
Mo. SI.
-- f
■^%^ -
I
I am warranted in aMuring you, that the authorities, not only of this State, but of the
United States, have felt an anxious sollcitode to maintain the relations of pieace and strict
neutrality with the British provinces of Upper and Lower Canada at all times since the
commencemeut of the civil difiurbances therein, and have in all respects done what was
incumbent upon them to do to sustain these relations. The occurrence to which I alluded
is an outrage that haa not been provoked by any act done, or duty neglected, by the Oovem-
ment of this State or of the Union. Ifit should appear that this boat was intended to be
used for the purpose of keeping up an intercourse between this State and Navy Island, which
is now held by an assecdibhige of persons in defiance of the Canadian Government, this cir-
cumstance would (umish no justification for the hostile invasion of our territory, and the
destruction of the hyes of our citiz«^ . - »
The general government is entrusted, with the maintenance of our foreign relations, and
will undoubtedly take the necessary steps to redress the wrong and sustain the honour of the
ctyintry.
Thotigh I have received no official information of the fact, I have good reason to believe
that the local autli^lies of this State have taken prompt and efficient means, not only to
protect our own soil from fiirther invasion, but to repress any retaliative measures of aggres-
sten which our citizens, under the impulse of deeply-excited and indignant feelings, migfit
rashly resolve to a^opt. The patriotic militia in the vicinity of the scene of the outf&ge hare
obeyed, with alacrity, the call which has been made upon them for those purposes.
It will probably be necessary for this State to keep up a miUtary force, for the prptection
of our citizens, and the maintenance of peace, until an opportunity is given to the general
government to interpose with its power. In that event I apprehend that it will be necessary
for you to provide, by law, for the payment and maintenance of forces, as the occasion may
require.
1 shall doubtless receive, within a short time, official information of what the local autho-
rities have done, and shall be better enabled to form an opinion of what will be necessary,
on the part of this State, to preserve our rights and the public tranquillity.
1 shall then communicate further with you on the subject, and suggest such matters, io
relation to it, as may require your consideration.
Albany, 2 January 1838. ^- L. Matty.
(No. 28.;
Sir, Government House, 13 December 1837.
YovB Excellency has doubtless received inteilieence, thoush not of an authentic
character, of an insurrectionary movement which, within the last row days, haa L in made
in this province, and Which the loyal feeling of the great mass of Her Majesty " Mbjecti
has enabled me promptly to suppress. Though an occurrence of this particular nature in
a country immediately adjoiiyng the state under your Excellency's Government matt
naturally eJtcite a consideraU^dagree of interest, I might not have felt myself called upon
to communicate with your Excellency upon the subject, if I had not received an official
' report from the magistracy o'f the district of Niagara that eiforts are made, by calling public
meetings in Buflalo, to procure countenarge^and support among the inhabitants of that city
to the efibrts of the disaffected in UpperCanada.
I am perfectly persuaded that, under any circumstances, the public authorities in the
United States would exert themselves to strengthen rather than to disturb the kind feeUng
which has for so many years united the natives of Great Britain and the United Statesiin
the most amicable relations ; and When I acquaint vour Excellency, that the armed party of
traitors, which are now dispersed, during the few days that they remained embodied, were
guilty of such unprovoked and wanton acts of murder, arson, and robbery, as disgusted their
adherent's, and occasioned their rapid desertion, I feel no doubt, that whatever may be
justly done by the Government of one friendly and enlightened nation toward* mitraiuing
its subjects from disturbing the peace and injuring the unoffending inhabitants of another,
may confidently be expected from your Excellency.
It is fit I should apprise your Excellency, that there is not at this moment, to my know-
ledge, widiin the whole extent dfUpper Canada, a single body of men assembled with amu,
or otherwise, in opposition to the Government. Before the 5th December there had beei^
about 500 or 600 men hastily got together, at the instigation of a Mr. Mackenzie, the editor
of « seditious newspap^ here ; but .these have been wholly dispersed, and their jeader, we
understand, is now in Buffalo, endeavouring to excite there a support which be fail* to meet
'with in thisi||rovinc«.
I have, &c.
To his Excellency Governor Marcy, (signed) F. B. Heai.
State of New York, Albany.
(No 20.)
His Bxcellency Sir fmndi B. Head, Lieutenant-GoTamor, 8ce. Ice.
State of New York, Executive Department,
Sir, Albany, 31 Q,»cember 1837.
I RAvg received your communication, dated 16 December, giving me information of the
-«ay«Bentfr«f ctrttm pewoit* at Buffalo, or ita vicinity, Jtacingjvlation la the diatulrbMcei
in Her Britannic Majesty's Province of Upper Canada. You are aware, I preauuie, tbtt
the
AFFAIRS OF LOWER CANADA, &c. 97
operate with it i„ .usUinVngUschatc er of n ut^Uv"""^. 'l"" '^\'*"r"'« '"''J''" »>"' <="
York, .hall met cheerfully do. Before vour™^^;: V^ ' ' "• "^"^ n'«g'«trate of New
th« «x!onipanying proclamation, wh ch bL sincXl " !!? waa received 1 had prepared
eount,e>, with dirwtion. togivet general pubhcitv I -""^i '° "'•' ^'"'r* "^ 'he frontier
your letter that the generalVvernment were ac L J.r • ''**' "P''."'*''' ''^°f« » '""^eived
niwhal of the we.tim diatr!^ o7 New YoA had C'* ;:£Z5 ? ""' '"'^J*^'' '"»'' "'« '^e
cause auch perwng aa were guilty of violatinl the ifw. of ir^ ir^^fi' '" '^"«"'''''' ""d
prewrve ite relation, of am.ly and neu ml"tv with fr^iJL United Sutea. enacted to
purpose ofteing brought to puni.hment ^ ^ P""""' *" ** "'"^'ed. ^r the
^ I hare, &c.
UPPER
CANADA.
No. 21.
Sir F. I!. Head to
Lord Glenels,
10 Jai-iiary 1838.
Eneloturea in
No. m.
y oWBen
(No. 30.)
PaoeLAIIATION. ■"
By William L. Mary. GoveniSr of the JState of Ne,
WHE«KAg information has been receired fh.f .„ ~, j 1. j Ifi-jat
near the city of Buffalo, with the aTSlni^^H^ t^T''^ bodyflligen assembled at or
prevail in the neighbouring ptovtncTri^UpI^r CanfH^'''"^ r' '" '^^ disturbances which
be apprehended in other laita of The StoET/diofn" .'J""^ '^^^ '"""'*' -"ovements are to
wherea. any attempt to a^^ f«.t .ucKliS^'"^^? P"'^'"=' "^ ^^» Canada : and
lat|on of the laws 0/ the land, andof the M. ,^^ expedition, or enterprises is in direct vio-
of Great Britain and the Un ted State.. IdThUh^^^''"'''''''''"^^ between the Kin|»dom
•Membled, or who may design tolwemblf .. .f ^/*" ."P°" '''* P*"*"' *»«> may be
ceedin«, and upon the citi Jn. ofSSe^ 1°'"""': ^ ^f'".* ^'^^^^r unlawful Lo!
of the United SWte. in the"eff^,o.upS.^.drrh ''*.''? "" "r*?"" •««> -i-gi.tr^ et
offender, to puni.hment. I do X enioKnn .k '''?''••«'"• "^ '"*- and to bFing the
frem all illegal interference with tt Z^Z^r^nl^'^^.J^^^ "*" ^'' ^^'^ »» ^^^^
iereby cauUoned not to allow their '',"y"'™"«= «=°'«-e™« of the .aid provinces : and thev are
have L from other ^unS«*a„d S Xfi^otrV"' '^"' l^'l' poLticafisr.
fracuonofthe law., or of tho«s priSe« of neu^/v h \^."'"^*'.''^'" *•"» ""y '"'
men^to maintain, in rela.ion to 5ie ^^^^Sl^^t^^^ t; ^^^J^^^^^^i^^
[L. 8.] ""'lo^h-dt'otem'Clst;. '^' -^ '^*'' ^^' •' ^'"-y. '"«
By the Governor. t
r . , ^ (signed) W. L. Marcy.
John A . Dn. Secretary of State.
(signed)
(No. 31.) •
Wuhmgton. ^ «.»«»ueney ii«iry A. Rkc, Her Miyeaty'. Minuter at
Sir, „
It i. my duty to low no time in appri.^;i'Z'°Ei;Jr?'?L»3 '^«*'»'*' '837.
of Uii. province ai» at thi. moment threfcteneJ and th.» •. 7 •"* "^ P**"* •"•* '^""'y
•JwgeW of American citizen, from BuS who hi- . 2""°'^ " '^"'"y *"''"^''<« ^y
them.elv«i in a ho.tile manner on Navy UUnd in th« J' "t'^^P ■™»' '"•"' e»t«bli.hed
««y o» ^par Caa«l.. ^ '•'"^' '" "« "lagak Hirer, and within the terri-
I. now effectu.Uy"^iuLre«edT ZiZt^^^^'.t'^'^'f- ' •"'" "^ '° Relieve!
lately made by 300 ST 400 ^rson. in Ihi. vidnkv .^ ^P^'*".J!' '* '^ ''*«''ed. wa.
mmenes of a civil war. T„ concert w th this „.„lpli? ""'"'*'. '^'« ?">»'"«• *"»« in the
««to the people in another di.trict to uieuD IZl^ ' 1" «'"';'"'""' ««» «'•» """de to
n^P?!.''"* P'»«'P*'y "«» eff-cto^lJlapp^rJiL^ KV i'*"" ,""".".'«»"'• Both these
aniiided by any miUlJuy force. M«at of Z d!h!rfJ' '"^^l ""•••*• »' ''»« province.
'-handcrimiWentopria^haveSun^dei^^^^^^^^ who^^wew engaged 'in thew
yT^ wiU. pMt diffiSultyVrSSriiK^hereL^L^T'^"'''" »^'"' «»»•*''".
^'m^*^^., by noa^aoTTlmerican cili««.. „f a'T^t'.ir.rjIi^r:^
° men
LPPin X
CANADA.
No. 21.
Sir F. R. llead to
Lord Glenelg,
10 January 1838.
Eoeloiures in
No. 31.
98
CORRESPONDENCE RELATIVE TO THE
men and amis, and to supply them with other neceasarieB, in order to enable them to make
u hostile invasion of this province.
.^^
That the public authorities in Buffalo, and the more respectable of the inhabitants, would
discountenance such proceedings, I had no doubt, and their conduct since has justified that
expectation; but as it was doubtful how far they might be able promptly to control this
ebullition of hostile feeling towards a nation with which the United Status neld the strictest
relations of amity and peace, I immediately addressed an official letter to bis Excellency
Governor Marcy, at Albany, of which a copy is herewith sent. No reply to this has yet
reached me ; nor do I know what steps, if any, have'' been taken on the part of the Ameri-
can Government, at Buffalo, to repress this hostile rising of their people.
Since that letter was written, Mackenzie hag been joined by some hundreds of American
citizens from Buffalo and the adjacent villa^s, and nave established themselves on Navy
Island, as I have before mentioned, with artillery and arms procured in the United States.
The paper printed at Buffalo, which I send you, will show the spirit in which this move-
ment is urged forward.
I am, of course, taking all possible measures to repel invasion and insult, and I believe
that in a few days a considerable military force will be at hand to sustain our gallant
militia in this extraordinary and unlooked-for conflict. I need not remark to your Excel-
lency how unfair and unjust it is, that a rebellion which, within this province, was so insi^
nificant, that it was instantly crushed by the civil inhabitants of the colony, should be
revived and rendered formidable by the direct and active management of the American
people ; and that during the existence, not only of peace, but of the most friendly relation*
between Great Britain and the government of the United States, the peaceful population of
this province should be threatened with devastation and plunder, and all the miseries of
civil war, by the unjustifiable interference of American citizens. ^
Though inhabiting a remote portion of the British dominions, the people of Upper Canada
feel that they may rest assured of being ultimately protected by the whole force of the
empire, if it be necessary: they are conscious also, that they deserve kinder offices at the
hands of the American people ; and I appeal to you, in their name, and as the representative
of their Sovereign, to urge upon the government of the United States the immediate ezertioa
of military force to suppress a movement of their people so insulting to and injurious to a
neighbouring nation; and which, whatever temporary calamity it may inflict, must inevitably,
unless promptly checked, lead to a violent war. Any wrongs which may be committed
against the people of this colony, will, under the protection of a just Providence, be amply
redressed.
I htg your Excellency will not fail to assure the American government of my sincere
conviction that the fects of which I complain will certainly meet with their most unqualified
reprobation.
I have, tu.
(signed)
F. B. Head.
(No. 33.)
Sir, - Head Quarters, Chippewa, 10 January 1838.
I HAVE the hoi^r to enclose you herewith copies of reports furnished to me by officers
under my command, in relation to the manner in which the militia and citizens of the
I'nited States preserved that neutrality which you called upon them to observe between
British subjects and the rebels and piratea assembled upon Navy Island.
The outrage committed by the militia of the United Slates, stationed upon Grand Island,
upon Lieutenant Elmsley, of the Royal Navy, and the boat's crew under his command, is
of such a character as calls for iminediate investintion by the authorities of the United
States ; and I trust from the disposition you have Heretofore manifested to maintain invio-
late the existing treaties between Great Britain and the United States, that you will imme-
diately investigate this serious charge, and I beg to request that you will be pleased to
communicate the result of your investigation to me with the least pouible delay.
You must, I am sure, feel the necessity of withdrawing from Grand Island the militia
iced there, and who have been guilty of so wanton and wicked an attempt to take the •
ives of unoffending persons, and of placing men in their stead upon whose honour and
discretion reliance can be placed.
1 have, Kc
t
(signed)
General Arcularius,
or Officer in command of the United State* Militia Force,
====f====~^= Niagara Frontier. — ^=^^=^ -- ^
Allan N. WNab,
Colonel CommaadiDg.
/
ble them to make
which this more-
AFFAIRS OF LOWERCANADA. &c
99
Sir,
(No. 33.)
I H* VK the honour to repo^i^Zl^ht' "' ''"^ '"''""'' '° "''""""y 'SsS.
eMmimng the channel between ?k!^. ■ ^''*' *»« *ere about: I told thZ^U ^
..pi ^ .» ..-ivt.r :--„--K tj^cH =
I then perceived that thev were n«.™. • ' "i we could
I have, &c.
Captain Drew. H.N, (signed) J. Elms/ry,
Lieut. B. N. (^mmanding.
UPPER
CANADA.
No. 21.
Sir F. B. H»ad to
L-OTd Glenelg,
JO January 183!).
Encloiure* in
No. SI.
(No. 34.)
a Khooner. laden with flour and p^ea I. „ ^^ ^^ " Manche.ter thardav «nH .k^!
that a steam-boat was also to come dow^ ^ .I'k* """^ '"""» B"ffi'lo to Navv lYu'S'* ""i
shore, and that if the said boat wm fi^ f^,^ '^."*«*'' ^avy Island and'ih^ d ' ""•*
would immediately proceed^ h^i? "f?"* T *''« B"««h force, th^l ?.!./"""'='"
Chester on his owi: pS bui^'^'^-.T^ '"«"" S tLa?h?wV„\To"M "">
moment t was known that hf » .' '"*' "P«>n *"« arrival at the inn ». m ? ° *•""•
l.im by certain .nhrtaJu of Va^nVhr^r''"^^^ «''-- ^ W wSre^^'^' "J:"
P«»on in miliUry apparel, dedal^ th^/'i, """^K '""' "f beingt.py wd an nffi ^'
pn.on; this deponenlVbrther m th ih»? ^* S"^' *« ^ •™ted an^Ct to ih «'' "
'r ,'S'T„"Ji;\f3r''"'. i- the district of Niagj;'
(••gwd) THoma* Afar«y.
APnm™ ''''S"!J') ^oAiiPo&^
A Commis^oner for t.ii.p Affid3i„ the King. B«ch.
**
< UPPER
CANADA.
'No. 23.
Sir F. B. HMd to
Lard Glenelg,
13 January 1838.
Eucl. ID No. 31.
1 1 .«■:■'
No. 23.
Sir F. B. Hrad to
Lord GlenelfCt
16 January ilisf-
100 CORRESPONDENCE RELATIVE TO THE
;/ — No. 23.—
Corr of a DESPATCH from Lieuteoant-GoTernor jSir F. B, Head, Bartn to
/ Lord Glenelg.
My Lot^ Govefnimetit House, Toronto, IS January 18S8.
I HAVE tKe honour herewith to transmit to your Lordship an address of con-
dolence to The Queen from Her Majesty's dutiful and loyal subjects the Commons
of Upper Canada in Provincial Parliament assembled, to be laid at the foot of
the Throne.
I have, be.
(signed) F. B. Htad.
/
/ \
Enclosute in No. 32.
/ To The QUra^ICS mort Excellent Majbstt.
Moat Oracioua Sovereign,
We your ^faje8ty•» dutiful and loyal aubjecU the Commona of Upper Canada in
proTincial par|(iamet\t assembled, moat humbly address your Majeaty, condoling with your
Majesty on the loss which the empire has sustained by the demise of his late Majeaty
King Williaiti the Fourth, of blessed memory, assuring your Majesty tliat this house,
representing as it does the free voice of the people of Upper Canada, mourns over the
heavy affliction with which it has pleased an all-wiae Providence to visit the glorious empire,
of which the people of this province are proud to form a part, by the removal from this
transitory life of a sovereign, the recollection of whose private and public benevolence and
magnanimity will remain for ages yet to come embalmed in the recollection of your
Majesty's Canadian subjects. ■ . „ , -
That while this house condolea with your Majesty, and sympathaea with all clasaea of
your Majesty's faithful people on the melancholy bereavement with which the empire has
been afflicted, it is neverthelesa conaoled in ita sorrows by having the British sceptre
descend to a young and amiable sovereign, whose virtues and education afford the fullest
Msurance to ner people that her reign will be chsracterized by a firm adherence to those
principles of reUgious and dvU liberty which called her illuatiious family to the throne,
and which for ages has distinguished the aovereigha of Great Britain.
And we do further aaaure your Majeaty, that witlj,^ no class of your Majesty's subjeds
has your Majeaty'a accession to the throne of your anOfeators been hailed with more joy and^
every bour 01 adversity
iuthful Canadian subjects.
Commons House of Assembly,
day of January 1838.
— Na 33. —
Copt of a DESPATCH from Lientenant-Govemor Sir F. B. Head, Bart., to
Lord Olenelg,
My Lord, Niagara, 16 January 18S8.
I HAVE great pleasure in communicating to your Lordship that the pirates
have been driven from Navy Island, which is now in posseauoo of Her Majea^'i
forces on this frontier.
' I have also the satisfaction to state, that the gallant mihtia of Upper Canada
have also driven the pirates who had taken possession of Bois Blanc Island fipom
that position, and in a most gallant manner have captured a schooner off Maiden,
which is on the St. Clair River, about 16 miles below Amherstburg.
As this Teasel contained three pieces of artillery, 200 stand of arms, and most
of the principal officers of the pirate force, her loss will diaoosnge them ; and
finding that at both ends of the province they have been.diseomited by its brave
inhabitants, I trust they will find it necessary to abandon the infamous attempt
which has been made by citizens of the United States to plunder the property
;pd overturn the institutions of a province with which they were politibaUj
fisting b friendly alliance.
I hav e, &c.
(signed) F. B. Head.
B. Head, But, to
B, Head, Bart., to
(No. 8.)
AFFAIRS OF LOWER CANADA, ie.
— No. 24, —
lOi
Canada.
o -> rc..g„a,„., o, „.e office I nave S^i l.oUt lloS -' ^-^,S,.
Iiold.
I have, &c.
(signed)^ /-. B. Head.
Enclosure in No. 24.
Upper Can\i,a GArETT. Fxt.
P. B. Head. Extraohd.nahv.
has assumed the entire m?|l^°l'! !."'?: °^'^<:'^ '" command Tl^ ^f„'?'.'^^1« «.' '»<=tual
.'"vince tbg^X^"'- 'nfonns the Legislat.ve S^ '^1''"''''^' ^'^ January 1838.,
•nililary opemtionr Coinn i r ""'"'' *'> » ^^ei™ ene^" 1'^ t'-'" «°"'*quence ofifi
has as/„me7 the en'tiStulln"'':!,""' °'«'^" in^comS ^f ife"^.'?'*' -^^"^ «' actual
rT' "^'"^ "''itia a d ^mtlo'r^ ""^ '^°«'"«nd o e,fh,"f;JV«'y'« land fo,.e,.
the orticer m charceif thp .^IV^ Commissary- ireneral at oLil t ' "'°' ''« '* also in
"0 expenses can ll alj^""™?!'""'" '"="=. thaf cSem wlSth^''' e^^T-nioated tS
upon whom the protect?r^f 1 '* sanctioned by the authnriY„ r .i.^^ ""'«« °f ^^e service
The Lieutenar^J- falet&l^^^^ n^eVslJi^/if^^ "''"'"'^ '=''"«'-'^'=^
tender to Her M».fe' il^/^'* ■» h.s duty, on the .otr/Vep^XTsl "r^^^r";/^"
tate for the^ CoLii"*';.?^!^ "^"^ '«
Encloturc in
Sir F. B. Ihad'i
De»paich,
»a Jtnmr^ 1838,
Oovemment House ,5 .«„ '" K'*^''"""*-' "f thi.
•i"u»e, 16 January 1838.
To His Excellency Sir /' • »
"d expenence, although they S^U nf "^ *" '^"^ •"•fort-nate rLSte J^ P*"*? '■~'" ""
which are requisite to give cL^Z "'"?*"'' "'compatible wftffi' *'"?« ""ditary rank
Z.!^r'""«^ "nitS Sht"'''' """"'«"' '^'J^ffect t the TS' quaiification.
»*e bee to awure your EjtcelUn!^ .1. . niilitary force, are not
"wnt of th s nmvin«„':""_ excellency that we earn „i.i
f Upper Canada,
your Excellency
"Pottant,thatbythe
-- from the
mditary rank
»^e b^T^'"""" """**" '""» them. """ ™«:t to the military forl-!!'''"^'"'""*
_„. r^K to awure your Expell«n«» ,u . """iwry torce, are not
^■dmon beeh .„ch a.^^ght fo 1"" ^""^ *" ""« historj of Z^^i"^"?^.'" '*"'*'" y""'
^e the ^preS™ o7a' B "rik M *"'' "P°" ^' oc^il'Tf K'""=^ " ''^« "^
„ wipport which yonr
constitution.
'*P«l'*ncy, which haa
•nabled
\
UPPER
CANADA.^'
No. 24.
Enclosure in
Sir F. n. Head's
U«v|iaU:b,
22 Juiiuary ift'jS.
S» 'v*
102 CORRESPONDENOE RELATIVE TO THE
enabled vour Excellency U, rally round the Government, in a moment of danger, the arms of
an i.nlt.d i)coi.lo, and tof exhiliit thig province to our Sovereign, and to the world, iii a
posture which must command for its brave and loyal mliabitanU the highest admiration and
"^"^fTth'e result of your Excellency's firm and uncompromising policy shall impress upon
Her Maiestv's Oovemm^nt the conviction that they noed^not fear to support m Upper
Cuiiiula the principles off the British constitution, it will have produced an effect of mfinite
value to this colony, an(i will have supplied what we believe has betin chiefly wanting to
insure its perniiiuent trariquillity. , . , ,
But the Lccislalive Council cannot refrain from expressing the regret with which they
have observed, in the iasc of your Excellency, and of your respected and gallant prede-
-cessor, that your connexion with the government of this colony has seemed incapable of
beins protracted, with Satisfaction to yourselves, beyond the period when it became evident
that no submission woiAd be made by you to a spint of factious discontent, which nothing
can appease but the destruction of Bntish rule. ' .
We bee vour Exceftlency to believe, that the Legislative Council will ever entertain a
.rrateful recollection of the justice and condescension which Uiey have always had occasion
To acknowledge in thL intercourse with your ExceUeney ; and that they participate deeply
in the feeling of gcrieral regret at your. Excellency's approaching departure Irom this
province. ■ , /
\ Legislative Counci> Chamber, John B. Robiiuon. Speaker.
\ i7.Jauuary(1838.
T%. Licutenantigovemor informs the House of Assembly, that m consequence of this
provTnW being inviaed and assailed by a foreign enemy, »nd beinR the scene of actual mili-
ary ow^tioiS, cilonel Foster, the oficerin command of Her jfajesty's land forces, has
assumS t1,e cnti.fc military authority and command overthe troop.; that he is also in com-
mand rfthc p.iliti& ; and that the Commissary-general at Quebec has communicated to the
officer U. charge Jf the commissariat here, that consistei^ly with the rules of the service no
cJ^nU canValloW,-t>nless sanctioned by the authority of the md.twy commander.
upon whom the irotectfon of the province has thus necessarily devolved. .^
•xhe Lieuten^it-govemor takes this '•bpnortumty to commuwoate^to the House of^ As-
sembly, that billing had the misfortune to irer TVom Her Majertv s Government on one or
^o po^intS of cc^oi^al policy, he felt it his duty, on the »»*/ ^f °»»^,^*'::^*P:?£"/f
, to te^er to Hq^ Maie^'s Principal Secretary of State for the Colonies, the resig.ation of
/ the important Station which for a short time he has had the honour to hold m this province.
/ His resignation having been graciously accepted, the Lieutenant-govemor has to mform
' the House of Assembly, tliat he yesterday received official information that Her Majesty has
- been pleaded to app<.int Colonel Sir George Arthur to be Lieutenant-govemor of Upper
Canada, and that his Excellency may be expected to arnve here in a few days.
Under the peculiar circumstances in which the province is at present placed, the Lieu-
tenant-goverboV feels confident, that the House of Assembly wil rejoice with him at the
approaching arrival of an officer of high character and considerable cx,Krience, whose rank
in (he army will enable him to combine the military command w^|^e civil government of
this provinite.
Governi)|ient House, 15 January 1838.
To His Excellency Sir /"ranci. Bond Head, Baronet, KnigM Commander of the Royal
Govefnor of the Province of Upper Canada, 8ic. kc.
May it please your Excellency, li •
WEiHer Majesty's dutiful and loyal subjects, the Commons House of ^isMably, w
provintial ParlTament assembled, humbly thank your Excellency for your Ewellency
message of the lath instant, communicating to this House, that " m consequence of thi
provide being invaded and assailed by a foreign «'«™y'/7»J«^ '!«.'^f°« °/ ?^
military operations. Colonel Foster, the officer in command of Her Majerty s had f«c«,
has assumed the entire military authority and command over the trora. ; that he is also «
command of the mihtia ; and that the Commissary-general at Quebec has <!WMannioated to
the officeil in charge of the commissariat here, that consistenUy with the rules of tha stmoe,
no expenses can te allowed, unless sanctioned by the authonty of the mihtaiy conunander,
upon whom the protection of the province ha^tliuvneceMWily devolved.
7n reference to this subject, we can only express our aameat hope that Una ragaim^
*hich th* rules of the service appear to have rendered necessary, may in no respeot impMf
(he efficiency of the operations hitlierto planned and directed by your Excellency, wit6»
much success ht the preservation and defence of the provmce against the attack ot lioiwgs
and domestic enemies. ... , , .. • j _. a j:a»
We are further informed by your Excellency, that having had the nusfortun* to *B«
from Her Majestyfs Government on one or two jxiints of colonial policy, your 1"M,'»*7
Ml it viiutiiutyZin the lOth of Se pte mber last, respe ctfuUy to tender to Her Maje i^ i
Printii:ll Secretory of State for lhar*It«u«, iWreiigSation oT tfie nnpof«r«aa»B-«*»
hall impress upon
chiefly wanting to
Utuon, Speaker.
AFVAim OF LOWEk CANADA, 4c.
103
tive in this provCT nil, '* '"'I*"*'*' ^^ "" Mijestv ?Sk.r M "f*?""' ""^"e^
exercise of W nf i ^P'^ "nP«*e<l with the duTv nf^..? • ■ ^^J^sty's rcpresenta-
'ire to maintain mil. „n : J^
UPPER
Canada.
No. 24.
Enclorure in
Despatch,
aa Jan uaiy 1838.
whc
fe. It will be the duty of
more fully informed of facu
■n on this painfully interes^g'
this House, before the cL of l!^ ** ^°''' ^«''"'"'
to express more at laL Sf^Ii^ E" '**"°"t »"'
•nd important subiecL ^^ "*" opinions they .
In the meantimi we h^ t 1 /T ° »^""'y 'Mwesting
Iheclaims.'deep a^dlaTtiwiT^K'' P''«P«"'y "' ^"'4 life Sr L enml P"'^'"'^' ""^
gmcious Queen and J^i"^ "* thev are, upon our ^titudT^».« ^"i™'"""« *'">
gn« Wueen, and th« applause an/ acknow^gment ^tllltritiS'natPn"'''''"'' "•■ ""^
*^Ta jt§^^;||^'3r. ' -■ ^-ii."--. Speaker,
To Hi* Excellency Sir Fraitru n««^ // j t»
jerian Guelphic Order, l^i^tof tW"'*-' ^1'^^^ Commander of thr Rn i n
Oov«.oro.^the P«>vince''o?'fc' £ J.^rJ'""^'^ ^^'^ of Me^^utJIi:::
May It please your Excellency, i
Honourable Gentlemen, "" ^"""''"•» Rbplv.
" would afford me the mLttat .o»;.t-^-
I- '-.«,„«... «th^--«±-« to tr««^^^^
«!? to it. Ttq^;r^^Z^ "tiafcction to trans.
oTState forthrr.SJJ^ .""^ <=°'««pondenee with th« Hi»i.» fl ° -"«ncii, accort-
«wt after Adih^™;"^:,'' "**•*«* *• «y ^ignat^ of^« 1 "onourabfe the Secreta^
Oorenu^at House. M/Wv^^
W.;
=U^
./ /
li \
104
CORRESPONDENCE RELATIVE TO THE
IPiPtR
CANADA.
No. 24;
Knclosure in
Sir F. B. Head's
Dropatch
To Hi» Exeellency Sir Franci* Bond Head, Baronet, Knight Commander of the Royal
Hanoverian Guelphic Order, Knight of the Pruwian Military Order (jf Merit, Lieutenant-r
GovemoiLDfth« Province of Upper Canada,'8lc. 8ic.
May it please your Excellency, /-. j :„ „.„
Wb. Her Miyesty's dutiful and loyal subjects, the Commons of Upper Canada, m pro-
o.paich, vincial Parliamfent assembled, humbly re<iuc8t that your Excellency will be pleased to lav
s January 1838. before this House the corresiwndence between Her Majesty's Government and your Mcei-
Icncv. which induced your Excellency to tender your resignation of Ahe govemraent of turn
province ; and also anv subsciucnt correspondence between Her Majesty s Government and
your Excellency, on tfie same subject. //. K„«««, Speaker.
Commons House of Assembly,
10 January I83B.
His EXCKLLKNCV'S RB*LV.
N^Ti'iTa"' this moment, would be so gratifying to my feelings, as to lay before the
House of Assembly the correspondence between Her Majesty s Government and myself,
which induced me to tender my resignation of the government of this province; but ufter
deliberate consideration 1 have come to the conclusron, that the publication of these docu-
ments might, under existing mreumstances, embarrass ray successor, and might be con-
sidered a* a violation of officiartonfidence. . „ .11 . 1
S^o^ as I remain in the service of Her Majesty's Government, I do not consider
myself justified in defending my own conduct, by any vindication that may embarrass their
policy.
GoTerpment House, 22 January 1838.
No. a;,.
Sir F. B. Head to
Lord Glcnclgi
7 Filiriiiir) 1838.
Toronto,
^o January 1838.
V
Eftclo^iirCB in
Sir V. 11. Head's
Dl'R| Hlcll,
7 FtLruary 1 838.
— No. 25.
(No. 13.)
1^ f
Copy of a DESPATCH from Lieut.-Govemor Sir F.B. ilead to Lord GUneig.
My Lord, r , . Toronto. 7 Februa'rv 1838.
I HAVE the honour to transmit to your Lordship a ,mnted copy of a second
Despatch, which I have deemed it necessary to address to his Lxcel ency Henry
S. Fox, Esq.. at Washington, on the subject of tiie destruction of the Caroline
steam-boat. " 1 1 e
I have, &c.
(signed) F. B. Head.
• \r
Enclosures iu No. 2S. j,
(-No. 1.)
Copy of a DESPATCH from His Excellency Sir FrancU B. Head Bart. Lieutenant -
Governor of Upper Canada, to His Exceflency Henry S. For, Esq., Her Majesty.
Minister at Washington.
• cir Government-house, Toronto, 30 January 183«.
Whf'n I had the honour of addressing yftur Excellency on the subject of the de_struction
of Uie Caroline I contented myself witE 'sending you a statement of the facU as they were
repo^rme officiX. corrobomted b'y severalVffidaviU. I did not think it necessary to
[ro^wTvou e'ther witfi arguments of my own upon the unreasonableness of the complaint
iTchZm^e on account of that trai«iction, or with any contradiction or noUce of the
Txtm^ZaS mi»totemenu which were going the rounds o/some of the Amencan news-
'^t this latter point, I was the less careful to put you on youir guard, because from
num^u remarks made'in respectable American paU, I perceived it to be very noton««
Zre as well as here, that no credit could be attacWd to the accounU eiven of Canadian
S,," the Jape™ printed along the fiontier of the United SUtes 1 be .eve should
Scare" V err if I were to say. thattn most of them nothing has been stated trvh^f^™ t^«
STnnYng • and tS many of them not the slightest regard appear, to have^been paid to
*'"stce I wrote to you, I have learned nothing that would authoriie my receding inany
««in.(Vnm the statement then inven : and it was with no less astonishment than disappomt-
S Si tnSer\he go^vemment of the state of New York or the ederal gove-
men . adopting as true the m^ost false and exaggerated statement of the deitructJbn of the
Caroine, and not hesitating to speak of that just and nghtful act of silf-defence, asM
^S^si^t^of American c!tizens.^l must confess, that I cannot but loot up<HVthe.ppl«^
AFFAIRS OF LOWER CANADA. &c.
106
I'PPER
CANADA.
No. 2^
^nrlnture 'u(
n,flead'.
— lua
tion of Buch a term to Rurh nn <
™u»t £ SStvr:f ,st;7r;\" '^--'^'^ ^'"-- of Bufraio we«
jK*rta.ned, oreven ment/oned' . a i^ S -d o^n ttt"'™*' "' " "'"^'^ P^""" "^^ "-
I am informed, wa« killed in arms nn tC "' occasion, except one Durfee who "'^ f- »V
|««dent in Canada until w.thi n h; "S tw mon"^:"'.*" 1"-"'"^ " »"'■"'■ ""bjec ,^uaJIy I>'-P-A
because 1 am desirous of vindicating^ the oll7»n^ u ' ""1^ '^•^"'" *" l^ese circumstances ' ''^^^'"^y '838
act of dutv to their country fron^^L .^.^ ^ ""'" "'''° Performed this plain and n«;e^«»?J
with had fed to a furtherTj of life ,h "^^ °i """"°" """^"y- '^ ""e resistance thTv met •
It 1. almost too obvious an'XeilSioJfo artli^'Y "°""'^'' ^''"' """ ^*"« "Sabi?. /
•^*^"P»n'^" °" 'heir side of the N^™' "'0: '^ ""/""yof American c/tixens h<
rened, and fiad begun battering the houses .nf.*n,^' "' " ^i"^ *''"'' "" ^"'"'d i>\t^-
.ggression with p„s taken from the UnSfat^'s'olT?" h"', "'"'"■' ""'^ '^ ">i. shamTft^l
out any etfectuar interposition on the ™rt,?1h T"' '°''''""*^ '""'*'*''•' *it''-
jubjecu would have had an pnquestionffi Lht American government. Her Majes y's
lawless band which carried on ll^is d 8i^^.lf..r^''U° """''' ">'' ''""•'"es. and dispe^e the
boat or vessel employed in their 'rrvlcef ™ 5 " "'±'^1; "'"' "'""""'^ " "*?'" '<> "Sany
wry an act of seIf-</efence a violation .fnen?,^^*' m ^T "' """• ^o call so neces-
insult or injury it would occasion to An eri^'^'^Z*"'* ?^r"'^ ''" ^^'"''^ ^ ^h^'ever i
their own citizens who were in amis aX?. T '*'"""7."»"" be ascribed to that portion of
unoffending neighbours. I h s X „IT i ' «""onty, and committing outrages ontheir '
United States, tLt the anny of S :;,cit L^na'dH^ ""."^ "° ''''^"'="" fi-oumble to the
wrong of tflkmg (i^rcible possessYoTrf BrS " J.nH '" "•'"..'""tance first commit the grr«s
from thence ; it was fiierelV taking two stepi n c^mm.lt n .h''^ ""^^' ''"' "«"» <^ffecgvX
Your hxcellency. I daw say, hw not fal^ t,f n^ J . "^ '"•'"'^ ""'^'^ "''<»>«■
of New York, an indictment has been found for^^ ^"^ at a criminal court ih the state
-ho are supposed (but some of thl ei^reousM t^tv/r"'' ^"P*"'" ^"^* '«"<' "'hi™
the Caroline. I cannot but believe that ^he aZ ■ * ^" P"^*""' «' "'e capture of
no less to their own character tha^to thei^ Satfnn. w" F"""'""^"' ^^i" feel it to ^ du"
.n arreatmg any such proceeding TheTct Lrdnn. K , r ^"'^^' '" '"'^'^^ themsdves
of a warfare to which this province was dn\en h ,h^ ''"^'"^ '»""'ority, in the prosecutLn
citizens. The Bntish natio^n is to answer for ^^ tVT^T"- ."^V^"''""' of America"
herservice. "* ""^"^ '°' '«. and not individuals zealoUsly actine in
Your Excellency will hnvo lo,»„. r • '6
pl.ce on our weste'm fronSI^ opSiteto\rZr''''"r"xr .""^ «=<^"^ences which have take».
m the newspapers of Detroit not .n h! i ""^.''*"= of ^Michigan. There a lanje force stat.J?
.rtillery, takenlrom one or more Dubli^ni^" """ ''""" "' '•*»<» '» "umbcr^with arms and
« a™' rt'' »"r « ther:ivrs'o'rthe"^,"ft iiz^X'" "''"? """ p^^^-'^^ """ S
an armed schooner they commenm,! k .. T """ "'ano, in the river Detroit WiiK '
' a7o^t;::'Sattir 5-^^^^^^^^ "-"r'-- - ^-^ "^^-
bia.^lf0Lr,lZTe'Tdl':^rSh''^p'Jtri't"ErV"^
I suppose, forming the first. Tliese w I show vo,. .h ^; "" •}'"'«»e'aer's kind of ruffians
I nee/sca.^~etTu: at'ST ":T'Z '*%^f-™' ^-^rican citizens,
extensive frontier, has occasiWedaTennrrnn'' "/ "^'"^ ''™«"' "' "» Poi-'ts alone our
American,* perceive, has calKi cZ™rS?id ' i':;„'o ^''^ ?"'^'* Government?SZ
force necessary to keep down the pvpS ? ^l \','^^ #«00,000 for the pay and outfit of «
-derstand,Zrefore,Ltri%":'t^ ruX'theTo^^
to by the preparations necessary U> mee[ attacks a. v«^;P''^".''"='*i.^"' g°''e""nent is put
fested in ftic^gan appeared ^kelyt be attended w^T P"'"'*' ^'"' *'°«'"« "P'"' "'«"*-
•uovement. alo^ the jjTagara frontier *'' """* '"'"°'"' «:°n8equenc^ than the
OenrnS bC'. S^BVffi^V'rtmSre'"''? "'i''^'' T '«'"'" P'^ »*"- Major
farther occurring that can e.ve rise to rnnfJ^^ pirates have dispersed without anythine
^oed by thelctive meas^i^s rie„XaVeTb^y\h:^^^
ti„T""KJ"'PP''" "f"™" aSviSns ^ wo^lT""" government for preventing
«"« in the conduct of the American mfwia statfA„»i n ^^f T Pleasure if I could add.
■nto books upon'tKw of „Ss they wiK""^ *" P^'P'" ">«"•««•»«» with resJIS
r«:»fble natumi instinct of selflpSvaSL r" ^.""^ »^'''^i"g guide in obeying tS
fei'^eV'ij^-PT"- h^e b":nkiiJ^,^';'?"-"»^g^^^^ Navy^Island
UDon J?^ «n«ke.the olfence less than murder • andif ..nn^ ^ ^ .wtennadng circnmstancts
the
\
UPPEIl
CANADA.
Kricloturet in
Sir F. tt. Head's
Dcipttch,
7 February 1838.
lut;
CftRllBSPONDENCE RELATIVJl TO THE
tlic country from whence they came in an armed body, to commit Ui«ac flagitiouB outragM;
if it he maiiituinc<l timt to crom the line ol'diviaion through the water»oJ' the Niagara to
destroy l!irni, or to cut of]' their reM>urcc8, is a violittion of Anivricoii ncutrahty, then it can
utily l'<'liow, that when tliu Auicricuu |)cople are guiiert-d to commit such grofM outrages upon
the iin>ti ICC ol' Upper Caiindu, tlicy must brinK u|>oii themaclvo* the ooa<o<iueiice8 ol' a
puhhc War, fur uiujuestioimhly the n);ht of self-dofeiice wiU b« exercisad ; it w not in the
nature ufthinuB that it should be forborne. . >
I am upon tlie point: of being succeeded in tlie government of Upper Caiwda by Colonel
Sir George Arthur ; and 1 camiot depart from the province without ofi'ering to vour Excel-
Irncy, on the part of its inhabitants, my moat gratetul thanks for your prompt fod able inter-
position to protect them from foreign aggreasion. I have been Mlremely ^latiAed by the
earnest solicitude shown by youi; Excellency to discharge your delicate and unportant duties
satiiifucturily and with ettcct. I con assure your hxcellency, that the people of Upper
Canada feel deeply how much they are indebted to you, as tiie mioiater of their bovereigu, for
your conduct on tnis anxious and unportant -occasion.
I hava, etc..
His Excellency Henry S. Fox, &c. kc. lu., (signed) F. B. Head.
Washington.
(No. a.) ^
Proclamation.
To the Patriot Army of Upper Canada.
Companions in Arms !
True courage is always accoid^ianied with high honour, and with- mercy to a subdued
enemy.
We fight not for plunder ot power to oppress, but for liberty and tacred rights, and the
common cause of all mankind.
Our friends have been plundered and driven from their wives afid daughters, dragged from
their beds and exposed to the most outrageous insults, and a,lmo8t every part of our territory
is groaning under the mOst insupportable tyranny.
' To redress these wrongs we are assembled in arms. Let us behave like men who love
justice, and scorn and defy oppression.
Soldiers of Liberty ! In oraer to ensune success and a glorious victory, it will be neceasary
to enforce the most rigid military discipline. ,
No one, having joined the army, will be allowed, without permission of the commanding
ofiBcen,lo leave uie ranks. Every desertion will be punished with death.
All orders must be strictly'obeyed. No one must act, under any circumstances, but in
obedience to the orders ofHhe officer having command.
Every person not in arms must be protected in his p«r8on from all harm.
All private property must be respected. Not a single infringment of private lights or
posscsHion will escape the most severe punishment.
No one, not in arms or regularly enrolled, will, be permitted US follow the camp. Every
idler will be taken up and punished.
Companions and Soldiers ! We march to restore, not to destroy good order; to preserve,
not to violate wholesome laws ; to establish ei|uaL-rights and justice, yielding to others as
rigidly as we demand our own. ^
(signed) TAoi. J. SMfl^lanrf, Brigadier General,
Commanding 3d piv. Patriot Army, U. C'
Head Quarters 2d Division, Bois Blanc. U. C, *■
January 1838.
(No.?.)
Pboclamation.
To the Patriotic Citixttu of Ujpper Canada.
You are called upon by the voice of your bleeding Country to join the patriot forces, and
free your lasd from tyranny. Hordes of worthless parasites of tne British Crown are quar-
tered upon you to devour your substance, to outrage your rights, to let Ioom Upob your
defenceless wive8,and daughters a brutal soldiery.
Rally then around the standard of liberty, and victory and a glorious future of iodepend-
^nce and prosperity will be yours. '*'. , "^ "'
(signed) 77u>$.J. Sutherland, Brigadier-General,
Commanding 3d Div. Patriot Army, U. C.
Head Quarters, Sd Divisibn, Bois Blanc; U. C,
» January 1838. * >
rciuuBtauces, but in
ttiot Anny, U. C.
AFFA»R» OF LOWER CANADA, 4c.
(No. 4.)
I'SoiI.AMAriON.
107
permnent and ^.onouriblc tenure "*"" *" y°" "•' "'«^ Wewing, of frecdomby ft
Save
UPPER
CANADA.
No. 25.
Enclnurn iu
•Sir K. B. Hwul-i
Dapatcli,
7 FebrMiytSjS.
A 1 ■ — •"'""'urBDic tenure. ■" — — i™iii(-» 01 irecuom bvft
Aroid tlien the horrora^f imr i^ '
...o„,.^e,^ Cti„„.-5".xrL^i'rd»
I («gned) r.a..7.5«M„w,Brigadier-Ocnerar '
Head Quarter., 2d Division. Boin Blanc. „ c """^'"*^ "^ "'"' '''"^°' A^^' "• f'"
10 January 1838. ' '
»
T '*"- ft I
As the orgM of the mabistratcH h««. .„-i u .l • .^^'•Iwich, U. C, U January IBan
you that f;^„, clear ancTuTqueTt^onabte VSoS^v Jh^'"' ' '"^ "°* « ""■"ent to i.ffor„.
night, we learq that a «:ho^ner laden wkh«™^ ""'^ eye-witneases tolhe fact last
100 men. left Detroit thia mornfnron her Tav T""""'.'""'. Provisions. a*<f fro^soTo
:rn:jT'''i?.«"T'"'°»*'«''"''«k4»^^^^^^^ '*'"• 'he intention of
called Bois Blanc hnd Fiahtinff Islnn/^ i^ .i. "'^*'* ''*'°"g"'g to our Sovereion
called the Anne, Li, aTO ',^^1 loZ^nr^::::; ^^^^^hoonVl am info^^L'
your side, below «pring.well, and TtZd bv „ h^« '"^^ "'"■' "^ "^er, and close u,;,^
gXT":? '^- '»-'''»°='^d5tfored^ham^^^^^^ "■' "'"' '""•«^"
Gratiot, for the express purpose of ioiriingTeTllu „nrf fi^v ? "^ '"3''"' ">«' at Fort
that the steam-boat Macombhas D«i3J ?J? 1? ■ '^"K't»'C8 from ^JlTs country- and^
•« •'f.^TcUy informed tha'ou'^^^^^^
m Deff»,t,of a large quantityof arms, and alsoTra.^ hemscWes last night. f«,m the gaol
housejn your city. We a^re further co^^ctly IZm'^iuT^^'^'^^'^ '^'^ P°«^«
"?»«' f> do all in your ^erTpSle rte'pSlr; *" '^'''' '"'^''*™*« «' the opposite
a breach of theij laws, an!d\ to maiEThe aJ^^^htr/*'"' ^T P^^P'*^ '"'•"" comZting
Bntam and the United State.. We beg leaveto re^a Ir f P"*""* '"^''""' '*''«*" Great -
pared for any attack; but we again *n^tlv calf?.l T""?"^""' ""»t we are pre-
energet-c .lepras w^ prevent bT^shtdT^KLeT" ^a!! ^'*''" '"""^ '""mediate ^nd
from bemg bi^ken am! deMroyed. We aUhe same ?J^ i!! "f ^-f «^°"ntrymen and our.;
tion. on our part shall be wanting to attiSn that v^TpJ^K. F '" '"t"'* y°"' ""«' "» ««"
■mmedmte steps are Uken, we w^ill Hot conceal fJlZ^n P""'' '"'';'"'''«'' P'o^Pt and
wdl l«ve comu^nced. and blood (^ «he5°SX n^t n h^r'"'^^^^
I have, Jco."
. ; 7 (signed) John Prince.
Dear Sir, - <^°- «>
Your bvour of this morning ha. been received I m-«. Detroit, e January laae.
the «=hS>n„ n;;;- p.;;^^" down the^™:?- tI* t U^'"'
,trrested,andherUingexamW L ' thrcr'rJw?^ ^*r '"''. '^ ""PP^^- ''«' captain
iwt. A den..tv.m.»e-i u. J"!:L T nothmg could be found to ju.tfy detaining her in ^
ton. .Adeputy.ma™h%rhr'S "J^p:"^ :::Pt:°^^^^^^ tojustfrdetkining h^rT
authonti to call out thn !»»>.>■ -^r .i. "F""-"™ "> wonroe, and one to Fort GraJat with
^"^tijg oSur^tS^r::^ £ fe d^t'^^^^'^^s^ -r •» penK.ns^ouria'.r;j
ferce to aid in enforcihg the law. in thia ^y J iif'* j'*^™'^"' *» """'U volunteer
«»n to do all in my power to prevent th^vio ttion JfSl ""' »S«'" "'P'^' "Py determina-
govemmento. k v™i me viomiion of the amity no# existing between our
John Prince, Esq., Sandwich.
I am, &c.
(signwJ) 5. T. MaioH.
"ohody. an,l would n,.t recngni," any law or n^Lle TndTh .'I'rf "**•.' il' •""• ""•'"» ''"" ""^ k"'*
-M.i^reoa^.im. H,th«1^t»f„e^,oDSl^^
• 367* ' ,. ^ . (signtd) J. frince.
5
«^
/OS
U( >
UllKEeil'ONDIvVCE Ri;( ATIVE TQ THE
caNaDa.
Nii if
Knrlowivk ik
Sir K. B. HeM .
l)rt|i*lcli,
7 Kebma/y 1838.
(No. 7.)
.' ^
liois lUaiic Uluiiil, Maiden, n J^iiiiary I83S.
Dedf Sir, Six o'clock, A.M.
On the rfliir'n of the iiU-am-bout llnitiHl, fr-.Mn hor uniui'ct'iiitful attuinnt laiit Sntunjay, to
IhiiH !)'""k to Detroit thd M-JKMmcr Anne, |mn»»«rit to your Excellency h iiiRtructioii«t three
CuujJn»«iW >)'oiir niilitiii, IichkIch Hcvcral voluutc !« <i>f wlioiu. I form one), proceeded to
Anihcistlf. i';:h, with 11 view of dcfeiuliiif; that town, iiiid jn ho|ieH of ineGting the relteU and
their Hdhen.-iitH and nupporterH ut tins place.
Hut I n'uret to nay that we have, ITir the preAent, li«vii di»a|)|>ointed ; I, however, deem it
proiH-r to liiforni your Kxcellency, ^h Governor of the Mate of Michigan, that the a.bove-
ineiitioitrd schooner waa at aiKihor laiit cveinii)r oiipoKitc the hmer end of (irope Isle, at
a wharf near <jil)ni1tar, ajid that nhe hud on iMiani 700 Htand of anna, being no doubt the
»anie anim of which hIic |>oi<HeHiied herself freiii llie gaol at Detroit. There are, moreover,
many hundred of our enemies there, and they have aouie heavy cannon, which they fired about
ten times last evening, and twice during the night. All iliese facts are within our kiiow-
le<lge. From the conversation which my friend Mr.Charlrs llaby had willi your Kxcellency
on Saturday last, I was greatly in hqpes that the schooner ai^l her cargo, as well aa many of
her crew, would ere this have Iwn riilten under your uuthttrity, and dealt with according to
law. I now, with the concurrence of my brother magistrates, beg to inquire whether your
Kxcellency will permit our forces on this side tv attack the schooner*, with A view of taking ,
■licr and tliose wlio may attempt to defend her. ' If you consent to this pur request, we will
H.t once proceed to the attack ; and we solicit this favour at your hands, because we hxk
unwilling locoiniiiit any act which may Im- construed into ag^;reHSioii, or a breacli,by us, of that '
uinici|bk! uixlerstanding which subsists between our government and youis, notwithstanding
our CQOviction that the men and schwincf, and arms in question, are intcndiKl to act hosUlely
ttiwards us. Mr. Mercer, one of our iniigistmtes, has undertaken to deliver' this to your
Excellency, and a reply to him wiU be thankfully received.
Governor Mason, 8u'. . ' (signed) John i'riitee.
w
J (No. 8.)
' ■ Adjutanl-«te(trars Office, Detroit, 8 January 1838.
To the Civil Authority of^^fmwich. Upper Canada.
I have the honour to inform you, by direction of hisExcelli^ncy the Comraander-in-chieft
that by twelve o'clock at noon this day, the steam-bouts Erie and General Urady will leave
this city with a siiflicient armed force to proceed to Ihe mouth- of this river, to enforce tl)e
laws of the United States against armed men 'who attempt a violation of the same, ,This
communication is given with the view of informing you of the fact that his Excellency the
(iovernor is^withnhc detachment, and will do all in his power to allay this, unfortunate
cxciteniunt-, and thpt you may undvntand this movement f. ,
Very re8|)cctfully, &c.
'< ' (signed) J. E. Schwarz,
' Adjutant-general, Micliigan-
(No. 0.) - . _
, '' Amherstburgh, Upper Canada, 9 Ja
Four o'clock, A. Mi
To His Excellency Stevens-T. Aituon, jQbw«mor of the State of Micli
Dear Sir.
r\ ^ • I presume tW you have received my letter of yesterday's date. The er|
her attack upon us about sun-set last evening, by firing two cannon-shots. ,
- informed", consists of the schooner or sloop believed to be the Anne, itferred to in my former
letVei;,; also tw«! scows and divers boats, a large s<thooner, three field-pieces, t«vo twelve- pounders,
and'n^e six-pounder, besides a large quantity ottarms, and some hundreds of men. One
0cb<^Bii|[kthe Anne, sailed up in front of Amherstburgh, along the Britilih channel, between
' 1 Blanc : this evening out people fired upon her (knowing her to be the
! salutation by two cannon shots. The steam-boat United, which
(down Borae passengers from Sandwich to Amherstburgh, was
L musketrshots from (as it is supposed) one or two American
fic river, "nittiichooner, supposed to be the Anne, then steered from '
northern MOtiOtnn Bfanc.^ The large schooner is at anchor tt
k cNPolVuiiBlanc, and trolKBre lights on Hickory Island', which indiicea belief by
us, that she has moied near her the scows and small boats above referred to. We aaiuioe
that th^nemy will possess himself (if he has not already done so) of Bois Blanc forthwith.
He is lying at anchor opposite to us. We have no hesitation in pronouncing him to be regard-
less
1 . i ; ' li I ■
* She was at this time anchored 011 the American shore, and it was.wiih the utmost, difficulty lh>t
I was able, by my ailvice, to restrain our men (officers and all) from going from Amherstburgh in •
large icliouiier, to attack and capture the Anne, to lying on the oppoaite aide. (rigned) ■ J. Prince.
t Tlii.viiiuvenieniwak nut attended with any guud result. (signed) J. Prince.
er iorce, we are
'i:-y:)t'm
John Prince.
AhTAlHH OF LOWER CANADA, fa,.
/
of MicliiL'ni, to aH<u( ... >i ""J"""**. ' iii»v Cttll upon your K.^„ii_ '^PP" '--ttnada,
->"<■"« .o her s:: ''"^ •; "'""^ - *" ti- 1>. ■j^l^^^JTA^'iXiz *"
' 'iiive, &c
UW'ER
("'tfned) .yo^„i»H,M,_
.(No. 10.)
Jol.M Prwce, E«,,.,.S„,„|wie|,,
I 'mvc, &c.
(signed) AV^pe„ y. ^^^^
'I ■
(Official.) ' . (No. II.) .
Gentlemen, *^«ecutive bepartmpn* ru. .
immediately to the state a. tl!. ^r'T"""''- ^be eiecut ve of tCe u'**^°'^ ""^ «»"»> of
marshal of the Unit^sJ^^ '.'"'' ^"' '" ^««'''<1 "» a dist kt iurf™ l"?. '*.»«« "<" belong
In obed,e.«:e to the requisition n, a . ^ "•" ^"*^ °»"
marshal of the UniM ffi for.^'^j' ?" "'•' Executive of this state F h- .
. I am, aic.
Js^gned) AV««i, T. .tf„o«.
Sir, ^ * (No. ij.) , ,
-^ft^ier"M;if;fh.^^»l'^7y'^ ,
— .. \ - . "^ '"• f «, , that thei/ ants aWS munitions
367. . • ^* *• •**?»"*' """hored on iheir
■ g , (•igned) J.Princt.
No. ^5. .
lincl<nure« m
Sir I'. B. Mead'.
7 Ffbruaiy 183K.
V- .
C' «
no
CORRESPONDEJJCE RELATIVE TO THE
UPPER
CANADA.,
No. i^.
Eiiclosure»in
Sir F. B. Head's
Despatch,
7 February 1838.
■^J>
..of war are now on board the, Barcelona steam-Tessel, in the port of Whitehayen, Grand
Islanil, and (hat il is thp intention of the rehels to proceed in the same vessel to eft'ect a
landing in the.wcstem part of Upper Canada : under these circumstances it is my duty to
watch the reb«is, and to endeavour by every possible and legal means to arrest their pro-
gress, and to prevent their carrying their designs against Her Majesty's Government mto
execution. . »
If, however, to prevent the possibility of the breach of neutrality which you apprehend, .
you will undertake to stop the said steam-boat, or any other vessel which may be employed
ui the same cause, and have her examiued, to ascertain whether or not they have any of the
rebels on board mtely in arms upon Navy Island, or any of their arms or munitions of war,
I will immediately give orders that Her Majesty's vessels shall merely remain in the Niagara
river as a squadron of observation, and without interfering in any manner with any y;esscl
that may pass or repass upon any business whatever.
I have, &c.
C. H. Hughes,
. Lieut.-Col. Commanding 24th Regt.
Major-General Scott., &c. &c. and Colonel Commanding N'iagara Frontier.
Commanding United States Army, Buffalo.
(No. 13.)
Sir, " " Chippewa, 21 January 1838. r
I have the honour to enclose the last communications between myself and General Scott;
commanding the Unitwl States troops at Bufl'alo, which last answer I have only now received .
and of which I request you will inform his'Excellency the Lieutenant-^govemor.
I herewith forward the same to his Excellency the Lieutenant-general.
I have the honour to acknowledge the receipt of your letter of the 10th instant. 1 have
ordered 25 men of the artillery to proceed to Niagara to-morrow morning, to embark
for Toronto under Captain Glasgow, and have given directions to Lieut.-coloncI Cameron,
R. A., that the ordnance and ordnance stores may be forwarded to Toronto, agreeable to your
orders.
Lieutenant Crawley, b. e.. is at present at Niagara, for the purpose of inspecting ahd
reporting to you the state of Fort Mississagua ; and 1 agree with you that a subaltern of the
Royal Artillery «liould for the present be stationed there, and more artillery-men than will
remain from those to 'be taken by Captain Glasgow, on account of the number of guus
which you propose to leave there. > - ■
I have, &c.
,^ C. H. Hiiglus,
Colond foster, &c. &c. Lieut.-Colonel 24th Regt.,
Commanding in Upper Canada, l^f and Colonel Commanding Ni^;ata Frontier.
(No. 14.)
o
Head Quarters, Eastern Division U. S. Army,
Sir, Buffalo, 20 January 1838.
I had the honour to receive by the hands of Captain Maitland yotir letter of the 16th
, instant, which enclosed one of the same date from Captain Drew of the Royal Navy, and
I have since received the communication of Colonel M'Nab, commanding Her M||.esty's
militia and naval forces on the Niagara frontier, dated the IBth. ^
I iiegged Captain Maitland to offer you my numerous and pressing engagements as an
apolCgy for my not giving at the time a more formal acknowledgment of the first and second
notes, and the same apology was repeated through Captain Glasgow, whom I have since
had the pleasure to receive as a visitor.
Both Captains Maitland and Glasgow had opportuniti<-$ (and I was pleased that it was
so) to witness the character of my occupations, which had for object the defeat, by harmo-
nizing all the authorities, civil and military, both of the general and state governments
of the hostile expedition on foot, within our jurisdiction, against Her Majesty's neighbouring
province.
From the measures taken^and really to be applied, I am happy to repeat what I orally
communicated through Captains Maitland and Glasgow, that I entertain a well-grounded
hope that we shall be able to prevent the embarkation of any conitide'i^le portion of the men
" and arms of that expedition on this side of Cleaveland ; and Brigadier General Brady, Unjled
States Army, jjnder'niy com<iaand at Detroit, has taken ihcasures, in conjunction witn his
Excellency ^be Governor of Michigan, to maintain tW obligations of neutrality in that
quarter.
At this place I think we shall certainly be able to prevent any hostile embarkation ; and
the steamer Barcelona has already been out, and will proceed again the moment the wind
shall permit, with a detachment of United States troops and the proper civil officers, a»
high up the lake as Dunkirk, looking into Cataraquc A)A Silver Creeks on the w«yt.
Another, and a better steamer, the Robert Fulton, will follow tu-night or early on the
morning with a larger detachment. The latter may go as far as Detroit, and certainly, the
weather permitting, ns high as^eaveland. The object of both boato and detachments is
the same — to p revent th e emb arkation of the hostile cxp<^dition.
"^» wast explniripdTo Captains Maitfah J nnff OTasgow, my powers^ f 6 effect: tfiaf oKecT
have been much enlarged since 1 had the honour to address to you my former flotc, oikf we
• (the
AFFAIRS OF LOWER- CANADA, &c.
UPPER
CANADA.
{the civil authorities and mvself^ urn A^iJl l
semce of the United State!. "*' "*" ^"""^^ '•°P« °f hiring and taking her im^ th^" ^°- ^•5-
' give these details in tliP anir;» «<• . . o ic Enclosure* in
nr:°K.'=£r,°y ^K.s^"' ^" "■' """" "■'" *« *= -"■»' s^s.!"-'-
Bntam, I had another hi^h duty to perfo™lH?„t°''r''"" °"^ "'^"'™' '^'"tions with GreTt
conunand, the violation of the l.^SZ^^hl mZTT^^' ''/ "" "'^ ■»«■>"« ' '=o»^a
I5th mstaut to the commanding offiTerof?hearrned Br ?.'"'"''•, ' '"»''' '" '"y "«'« of the
pve me pan, to pereeive the armed vessels annhnr I ' ""*"*'* '" *''e Niagara, thatit
the,r breadth, the waters\f tile Niagam """"°" '"'5''' of both nations to navigate! all
I h^vl^t SrSi' :l?nS!:nr.;rr f/r^'"^-'^ "'-"v - i.im dudeed
mc a w,de field of complaint an? coIlveZ ?hat „t^ lT*™'''y^,'. ''"^ "P^n-d upo
Jiational law, as apolicable to recent and^r«»„; • ^^ ^ '"' P^<="''ar vie»s of inter-
. the wav of discuBs^ln, nothing to dd That'^cX irT""""""' °" '^" ^'"''"'>' » hav^ i^
Ba.el.;a rr;„' ttliThrToth-al^ ff inlr i '""' ' "-r '^'^-'^ "- «'-"". the
port; she Imd no part of the personnel nr^J.^V •?'*>' "P*^^"""" ^rand Island to this
. Colonel MacNab tells me ?^~ "fo?an"if "' T"" '"•^'"'"' °" hoard. "
pven by Captam Dr^w," that vessel X In"* "^ »«»PP"-hension of the orders
"r.rthr;s^",^^k^^^^ ""^ ^"^"'^ ^^'^"°- °'
New YorK milig u^XLT ofTeulrant' Elm I "" 't '=»""'-*-'. by a party of
correspondence which Msued between rSl^M i^r'^^y t*"^ J^oyal Navy, and the
md.tia on the subject, I havrnnnowl^^l ''''I"'' ^">''' Ay«>«of the New Yor^^^
mquire for that correspondence ^d refer ?1^ i T"^', "'"'"Sh Colonel MacNab. I shall
sute authority now pK?on\'^iaimfatt^^^ '" 'he prj'
nor IS yet, taken into the service of tl e^Uni ted & ^J''"'=' "^y^"' *"« "ot th^,
^«eS.''" all that .s proper w.ll ^^1^^^;:jS]C::TSi ^:^^
auttS tntiZ^t^hL^ iTT "°' •■""• eot into correspondence with Her Maiestv's
th.s frontier, either ie^ he 2t^ or lU .T' '" ^"r^T "l '"^''^ "» ~X
agent of the former, to claim and to get I^^LIZTh^' '' ^""^ ^T' "^ ' '«'"'' "« 'he
arsenals; many of these cannon and mus'teThr rL?wl!L "™' P"'''''"^'^ from the state
to recover the remainder. " ^^'^'^ "'"'"''y ^^^ recovered, and we hope soon
andQ"rstoi:,t:rsot"at:':;°oVel"£ " ^y-''*'"'' '-'-Sin.to that place
f««t inconvenience of ^ p^opTe ° , tat „rht""rli°" ^^""^ '^'^ ^^ the river, tS the
•ubject, because I am i^noraKal V. iL„. ^?^"''''^- ''"''''« "° complaint of the
-tnmynotcontnbutetoX restorato^of^^l'r'""''""^ *"" '^"' «»gR<'«t. whether
boat to resume her usual trir^/^artcularfr^s t tS T" ^"' «'''««. V P*'™' 'he ferry-
people have advanced up the cC^-nSyttLTsJlaLanVbeJo^^^^^^ """^ "" ""^ ^avy IsCd
' have, &c.
^ (signed) Winfield Scott. ,
p... . . . Colonel Cflughei,
wttuh Army, CommaiKfing, 4c. !tc. Jtc.
(•igned) W. S.
ii
357.
»*
IPI'I-.R
CANADA.
N.~5.
Enclosure in
Sir F. B. Head's
Despatch,
7 February 1838.
112
CORRESPONDENCE RELATIVE TO THE
• (No. 15.)
CORRESPONDENCE between Colonel the Honourable Allan N. MacSab and Major
General Scott, of tlie United States Array ; together with the Depositions of Scth Conklin,
a Citizen of the United States, in relation to tlie manner in which the American Authorities
have observed the Neutrality of their Government upon the Niagara frontier.
Sir, Head Quarters, Chippewa, 30 January 183t).
I have the honour to enclose,, for the information of his Excellency the Licutenunt-
govemor, the copy of the letter which I addressed to General Scott, remarkiny; upon a cor-
rc8ponden):e between that officer and Caotain Drew of the Royal Navy, together with the
verbal reply of General Scott, as detailed m the enclosed report of Lieutenant-colonel Bethunc
to me. This officer having been charged with my despatch to General Scott, I take the
opportunity of acknowledging his services, since he volunteered to accompany me while on
this command.
I beg also to enclose the deposition made by a person of the name of Conklin, who wag
a prisoner among the rebels at Navy Island, showing the manner in which the officer in com-
mand of the United States forces upon Grand Island has preserved the neutrality of his
government in relation to the late disturbances upon this frontier.
I have, kc.
(signed) Allan N. M'Nab.
Lieut.-Colonel Struchan, Colonel Commanding Militia and Naval Brigade.
Military Secretary.
(No. 10.)
To the Commanding Officer of the armed British Vessels in the Niagara.
Head Quarters, United States Army,
Eastern Division, two miles below Black Rock,
Sir^ IS January 1838.
With'his Excellency the Governor of New Yoik, who has troops at hand, we are here
to enforce the neutrality of the United States, and to protect our own soil and waters from
violation. • 1.1 . . ,
The proper civil officers are also present, to arrest, if practicable, the leaders of the
expedition on foot against Upper Canada.
Under these circumstances it gives me pain to see the airo^d vessels mentioned anchored
in our waters, with the probable intention to fire upon that expedition moving within the
same waters. Unless that expedition shall first attack, in which case we shall interfere, we
•hall be obliged to consider a discharge of shot or shells from or into our Waters, from the
armed schooners of Her Majesty, as an act seriously conipromitting the neutrality of the two
nations. I hope, therefore, that no such unpleasant incident may occur.
I remain, &.c.
(signed) Winfield Scott.
(No. 17.)
jjjr *- Head Quarters, Chip|)ewa, 16 January 1838.
I have had the honour to receive your letter of the 16th instant, in which you state " it
gives you pain to j>erccivc tlujirmcd vessels of Her Majesty anchored in your waters, with
the probable intention to fire u|)on that expedition moving within the same waters."
Tne object I have' in view is to prevent the rebels who have lately been in arms against
Her Britannic Majesty upon Navy Island, and who have now taken shelter upon Grand
Island, a territory of the United States, from effecting a landing in any part of the province
of Upper Cahada ; and for "this purpose I have made such a disposition of the force under
my commiind as will most effectually ])erform that service.
With reference to the vessels of Her MajeaU being anchored in your waters, I have always
understood, that so long as Great Britain aiWthe. United States were at peace and amity,
that the right of the full navigation of the river Niagara belonged to each power ; and if I
have suffered an infringement upon any international law, I beg you will do me the favour
to refer me to it. ...
I have, KC.
(signed) Andrevo Drew,
Commander in the Royal Navy, Commanding Naval Brigade.
To General Scott, &c. Sic. file.
Commanding the Forces of the United States, &c. Sec. &c.
(No. 18.)
gj, , HeadCiuarters, Chippewa, 18 January 1838.
The correspondence which has taken place between you and Captain Drcw-^of the Royal
Navy, during iiiy short absence from this Irontier, where I have the honour of commanding
:ifcr Mtytaty 'a aaval a«d4uilite ry fj^rceSj J
1 before me bv that officer, I beg tu
offer a few observations upon it
You
i"
AFFAIRS OF LOWER CANADA, &c.
lis
the leaders of the
t'I'PKR
NoT~ "
soil nnd waters from violation • that tl.n nrl •'n't<'<l Mates, and to protect your own
pracicablo," the leu.lers of th; " xpediCrcHr':';'''''"''" "^r '»''''' P"'*''"' '" ™, Tf
the«e nreumstance. it pvcs you "an "to ,e coiv. T"'"' ^/^'' ^'»""<** = '^at under No
Maj.«ty anchored in your watrrs »i I, tl„. nv.ll M . "-" "™'"^ *'=*""^''' "^ Her Britannic p , '
movmn; within the same waters ImV , '".'•'"'''''' "•t';'>tion to fire npon that "exoed^Z'^ ^"'i^iM"
you wilUnterfere, yo" viN b 'ohhS ,o co' .^"' <'T'\"'"" "hall first attack, in Xh ca « n^. ',"; "^'*'*
yourwaten,. fron/the arn.e^sc fi^^Sr Mi"t^'■"^ ^FeC"^ .838
:^«ty of the two nations . that you ^I^^^ertC r-^'::^^--^^ ^ '
^'S\::f^i:^x:: i:^:!S;::t^"''''\ -''--' ^'" - p- -p the n..
my most decided protest. th<. waters "of tfin'ivi" """" ^""'" /">" *^o'"n>an(], I be.r to enter
are. as Captain Drew has very pnmeHv LiH^ """^ ^'^",' ^"^ ""' P"^P"^« °f navicratmf,
andtheUmtedSt,... .„ .^^^.P/l'^'y '';i;i ''"r;"" '" '''^ i"'>''bitants of Groat Gn
^ the ,r;,ited s^;;;rq^Cp:^i,rre " '''^/-'-'r^^^
the case, I cannot understantfwhy the eCcraf,,,, Pf'^^'^'''' each other; and that beina
nver, have not the ri^htto capture and destmvTn^."'y ™"'"'a»<l. "nd anchored in the
and moving unon thl; wate,/of tl „v "whffio';rS''r °", '""'^'"1' ^^PP^-" Canada
the «qtre of tlie stream. My own opinion rthn. T T ?"'*' "'' "'" "^^er, or evactiv in
:^i^f''lT'' misapprehe^nsio" T/ the ord. %lnZ 0^/'"'"^ ""•' """" " ""' ''-"
. ■C'WPnd of tbe schooners, that right would most as^nrerilA^P^*''' ""^^ *° »''" "^'^^^ ">
, > ThB.second paraffraph of vour ifit^rn^r^ . assuredly have been exert: sed.
^;iSf?I^'='i'i""^''"'"^'''p-S^^^^ " variance with that neu-
1 tff tbe United States, that I cannot refrain frn^^^b P^ ^^,^ P'**"""' occasion by officers
r cannot understand why it shouldtitrnn „ffi "/ " ''"""'' °' *^° "?«" *'•
an intention on our part to^^Lish SeTctors in an " exnedV "'"' T^T "P"'"" ^o obseiv.
It appears to me, that such an intention should mther £ ? °" H ''g'-*"^"'''^ P^^vi-ce.
situat«l as yon are, who reallv desii^^to see the rebe£n P''^.'''*";'-^'"'" P"'" »" ■*» office
of Upper Canada put down ; more partic. larlv as he m, "S"'"'*', ''f constituted authorities
mere banditti. J' ""^ °"" country, nnd were in fact in the situation of
aRains, the law., as wfTl of Ore T'uVitaras o ^he' U fteTsT, '" "^l? '^''^""'''"^ ""'^S
.ear those authorities speak of the " DmcticahLl'' r -^"^^ otherwise we should not
tion when so completely in thei power ai,^ ""^".""f? ""= ''^aden* of that exped"
T Imd, on the I'.th instant? hePhono;,rt;^^"":"C "■'"' '"""^ "^'^"P''^'^ Navy IsCd.
officer in command of the United S.„.l address Commissary-<reneral Arcularius or tlin
.ubject of an outrage clSd t u/e i'ialt""f T {'r" ^i'^"' '^ntier, np°
Grand Island, on Lieutenant Elmslev of .h» r f vf ^^^ ^""^' '*'"»•■«. stationed upon
command, but I have not as yefSl'dly 'a„S L'^r^' ""' "" '^°"*'^ "^^ ""der'^i^
I mav now bnefly state, that the out«KeVoSn,^l7f '''""?.""'«"''''" ^
Elmsfey bv the militia foree alluded t^KSt Iv uncwT a" ''""S "P°" Lieutenant
I trust that you w cause an invp«»i<r<.»l !^ "^^"ly under the American flag,
the honour to r^uest that'll ?eSf„X^^^ .^'■"^f;^ '" be.male ; a„d , have
to me with as little delay as possible. ^ ^ "'° **"" ""'"'^^'' """y ''•^ communicated
Colon'ei ?ro^ Ay";rof the'4«fh ReriS'' T^th r"' 'T'' 'i'''^*' S''-^^-^'^"' -«"»«, betweei,
certain complaints made by that oSTom"?'^*''.^^'*^"^'' ^'"itia, in rdatbnlo
proper authorities in the l7nS sttTs^ fr ir;,":^: t\t' ^"'" 7^ ^ '""^ "^^^^^
J^«^d any part of my conduct whilst ^^^^^^ T, Sicr^^e^lj^i^^^r^jS. 'Z
i have, 8cc.
ni ,("'&"<■'') Al/an JV. M'Wab
To Major General Scott, United States Army ^""""•'"''"i; M.l.faand NavalForccs,
Sic. &c. &,c. ^' «i«gam Frontier.
ling Naval Brigade.
(No. 10.)
Sir, ^ Head_^QJuarters, Cliippewa,
I have the honour to report to vou thnt I „n™. j j "^^^ "'P'*'' '" January it<38
General Scott, of the Uni?id StalTiy^w'TSl 'ho^"'V'''' y""' "Vtch to
officer this morning. '' ' '""' "■« """oi" of an interview with that
^'r'^i^'^^n^tlll^X^Zt^^^^^ to inform Colonel McNab.
oaly do so verbally. General SctttXeremaSnL'i.*"''"*^^ "•"'»' ?■*»«"' ""e could
^ WM wlw%occ«pi«l ia tatfa a vwk w ^'i^i^^ '""' "''.'e««re at present, a^ja^^
^rmg he .«^iBtinrSrb«^r^f^„^^^ "'ej^ed States
'"-a.ntam.„g U cor..po„dence. but hoTGelVr^l'sStd' ^H^^tX Kte*^
114
CORRESPONDENCE RELATIVE TO THE
UPPER
CANADA.
Jfo.* 25.
Enclusure* in
Sir F. B. Head's
Despatch,
7 February 1 838.
so employed in maintaining the neutrality of the United States, two officers of the Rritish
army then in the house (American Hotel) could testify. .
I hep leave to remark, that General Scott appeared very much agitated or/ perusing your
despatch, and while he made the above verbal communicatiq
To Colonel the Hon. Allan N. MacNjib,
Commanding iVlilitia and Naval Forces, Nia^ra Frontier.
liethune.
(No. 20.)
District of Niagara,"! Seth Conklin, late of Syracuse, in the state of New York, but now of
to wit. i Chii)pewa, in the province of Upper Canada, miller, deposeth upon
oath and suith, that he went to Navy Island on Sunday the 7th of January, instant; that
he left the island on the following moniing; that he was taken up by a party of the militia
of the state of New York, stationed on Grand Island ; tliat he was accused by said militia
of beino- a spy on Navy Island, when a sergeant of said militia held a pistol to deponent's
breast and tnreatened to shoot him, and at the same time five or six of his men seized depo-
nent and dragged him to' a ,))oat, in which they attempted to put him, for the purpose of
taking him over to the patriots upon Navy Island ; that at the earnest entreaty ol deponent,
he was taken back to the commanding officer on Grand Island, Colonel Ayer, by whom he
was questioned as to where he had been, and why he had been at the island ; that Colonel
Ayer then ordered him to be searched, upon which he claimed pratection of Colonel Ayer, as
an American citizen ; and Colonel Ayer said he should be protected, and gave him in charge
of a sergeant, who kept him a prisoner till after dark ; that Major Chase, of the Navy Island
patriots" then came from the island, to sup with the United States militia officers, when
another colonel of the Unite<l States militia, a tall man, with a dark complexion, told depo-
nent that he must return to the island ; that deponent again claimed from this officer protec-
tion as an American citizen, but that he replied — " You shall go immediately, and if you
hesitate we will force you." He said further, that if deponent remained on Grand Island,
he would be shot, and that if any disturbance occurred concerning him, he, the colonel, would
shoot him with his own hand. That when Major Chase, of the Navy. Island patriots,
demanded deponent, the last mentioned Colonel said that he might take him j that deponent
again claimed protection as aji American citizen, when Majbr Chase said, if deponent was
allowed to remain on Grand Island he would escape and inform the British of the state of
Navy Island ; that upon this fifteen or twenty of the United States militia declared that depo-
nent should go, but that the sergeant who had him in charge wished that, to satisfy General
Van Ransselaer, he might be sent to Buffalo Gaol, to which deponent consented ; that the rest
of tlfe militia insisted upon his going to Navy Island, and that he entreated of them not to send
him there, alleging that he would certainly be shot before he got there ; that the sergeant
then proposed for him to choose three men of the guard to accompany him. Deponent
fearing that he should be murdered before he got there, did choose three men to accom"
pany him, and he was taken by five militia-men, namely, a sergeant and four men of the
United States militia, in company with Major Chase, and delivered by them at General Van
Ransselaer'e quarters, in charge of Major Chase. Major Chase told the sentries at the head
of the Island to allow the boat which brought over deponent to pass, as it was a friendly
boat. That deponent remained a prisoner upon Navy Island until tlie patriots evacuated it,
during which time he was kept in close confinement, in'~a house on tne south front of the
Island, which was open to the fire of the British guns ; and that three of their shots passed
through the house whilst he was confined there.
1 (signed) Seth Conklin.
Sworn before me at Chippewa, this'lB January 183H.
(signed) Samuel Street, J. P. ■
' (No. 21.)
Sjf • Head-quarters, Chippewa, 10 January 1838.
It becomes my painful duty to^'report to you, for the information of his Excellency the
Lieutenant-governor, that since I had the honour of commanding the militia and naval force
upon this frontier, tliree of our bmve and loyal militia have unfortunately lost their lives ia
the service of their country, against the rebels and their piratical allies upon Navy Island.
They were all killed by gun-»h6t wounds. ,. „ „ , ,.
It cannot but become the imperative duty of his Excellency, as I am sure it will be his
inclination, to communicate to our ambassador at Wasjiington, this additional proof of the
disgraceful' and murderous conduct of those citizens of the United States who associated
themselves with Mackenzie upon Navy Island, under the command of Van Ransselaer, who
has been recognised by some of the authoritica in the United States as a general.
I have, &c.
(signed) Allan X. Mae Nab,
~ LiententiH-Cohw d S tn ich wr , -^ Colon el GommaJMling Militia andKai^faieebr^
kc. 8ic. Ice. Toronto.
Selh Conhlin.
AFFAIRS OP LOWER CANADA, Ike.
115
/
' (N-o....) -N«-2«- - cTS
COPV of a DESPATCH fro. Lieutenant-governor Sir F. B. Hea, Burt to ^'-'i-
Lord Glenely. "' "'^•' ^° Sir F. ». Head la
My Lord, ^'^ GlenclR,
I HAVE the honour to enclose to vnnr T A^■ '^""'n'o. « March 1838. ^ ^'"''' '^^^^^■
which I this day prorogued S,eKo;ai!S2r "''^ "' ^'"^ ^P^^'^'^ ^^^^
I Imve, &c.
(signed) F. B. Head.
Enclosure in No. 26. '
«PBBCH : /
.enttt.rthfpe J,t "'"'^'' ^''" »■»- ^^^^ ^^^ the support of the C.v„ Govern
avenue the necessity for new charge? fi fe ''• '«"?V'"'^ '""''^"•"y ♦<> S"h ot'
unexpected hostility of our allies wEfrh h«« f ,^ '*''*^'* *" **" Inconvenient extent l.v Z
..ate of actual wurtL al„„g iKrelJtTnSi^ir ""*^""'' '^"^" °'SAto":
""""""''I'e Gentlemen, and Gentlemen-
d..X;ol:e7p<^;'r'^- "nLr.roa:&„ -^ '^^^~ P-ple. «» st.^, a
mvM,o„ of tins portion of the BritiVrnmrre 'l?.d^ P'""'^*?*'' *° <"""'"'' arms foX'
notor.ouslythei^tiSioftCtu."*''"' '"''' '"« ""P—ent'^oS/^r.rho^s'
henceforward to exist, will, as the Lcrtir„f'„ .V "?"'"'"'''* ""•!« which thev arf
"lien our rolnnrtwl .w^^..!,.*- _ . -
-~"b "- tc, iiory oi upper Canada ' "'" "' ">e United Sti
UDoii \ov., II J. '""««™ irontier to beir from ni
caCi 'J.^Y .'"'and they might be smutted to fon^ tL "f " ,' """ V"'"' '" ""« ^^^nA<^ attack
we« f rtd'Saf cftllrof-'thS^^^^ '^'•?. '^ ^T^^ - uninjured and .sin-cted
acredly connecting them with Gi^at fif.'^h!!.' •''"'T.'^"'^ ""-• W"n>pum-Wt wh ch Sw'
ca« of rl"^ ""^^f '"■:■■ ""'fn "w" a.,,,eared lH.fort> me with „ ^^'' '" ""=" '"""** *'"''« <"«*-
the
£ncl. ia No. ig.
rfT
*
116
CORRESPONDENCE RELATIVE TO THE
VTPER
\nada.
M
■ r I . 1?\
orcl C,U
March
(1.
Ilfiiil It)
:iclj;,
838.
End. in M). 18.
Y
tlip Mi«fiisn£jua)(, the Chippewns, the Hurons luul the OttawaB, spoiihrtiPouBly rompcled with
cacl) other in a (ttteniiinution to die, if necoKsary, in dcti'inhng tlie liritinh (joveriimcnt, uiidiT
wliose parpiital nrotectioii tliey and their lathers had l>een lM)m. ^
When the (Canadian f'arnierH and y(;(imen of Britisli orif^iii were inl'ornied that eitizenw of
the United Statrtf, HynipathiHinn with their Butteri^it, had in three instances taken fortihlt;
possession of. Hen Majesty's teoritory, (or the purpose of Uherating them|froni British donii-
, nation ; that, wiih this ohieet in view, the American h'iuler» had issued proclamations
promising to eaen hlwrator ?0(i acres of the Ix'st hinds of U|)|)er <!ana(|a, with KM) dollars
in silver ; that the Aniericap selt^ttyled general in command of the liberatofH had called
upon the citizens l)fUpi»er Canada "to tree their land from tyranny, to rally round the
standard of lihertw, to lay down tlicir arms ;" in which case, it was l)eneticently promised to
th( ni, that " their l)erson8 and pfoperty should he protectfd," and that it they woidd " cease
resistance, all wilild lie well with them;" — did the Canadian - inhahitants hail their
aiiproach ? No, oli the contrary, their hmve and loyal militia, although tottilly deprived of
the assistance of Iter Majesty's regidar iroops, rose sinHdtane'ously, and regardless of "every
private consideraliin, wht'tevor the invaders appeared thousands of bayonets were* seen
bristling on our shLre, read^l to receive them. On the eastern, as well t«H on the western
frontier, hut one feclling prevailed ; it was a noble determination on (he part of free men to
conquer or die in diti-nce of their religion, their constitution, their character, their (iiniilies
a<kl their fanns; Jet, notwi^hs(auding fheir excited feelings, when the American citizens,
who from an anned schooner, had eruelly battered the town of Amherstburgh, fell into the
hands of the brave militia of the western district, (in which not a single rebel had l)een in
arhis,) did thesp prisoners (iKIl victims to popular fury, or were they even insulted? No,
the instant our ihvaderH surrendered to« British power, they experienced that m«^- which
adorns the British name ; their wo\mds were healed at our hospitals, and from th# western
• extremity of Upper Canada, they were conducted unhanued thro\igh the province, safe under
■ the protecting legis of our laws.
When a band of relx-ls, defeated in their cruel object to reduce this capital to ashes in the
;: depth of a Canadian winty, were, after the conflict at G^llowsrhill,' brought to me as
; prisoners on the field ; was any distiiiction made between American-born and our other Cana-
; <liH'n subjects ? No, all were releSsed. Before the assembled militia of Upper Canada all were
i equally pariloned ; an<l though mai^y of our brave men, smarting under feelings na(ural at
;thi' monicnt, evidently disapproved of the decision, yet aJH)owed in obedience to the admi-
• nistrator of their laws, and, under t\Ki noblejnfluence of moimtchical government, they allowed
hheir assailants to pass uninjured tfirongh their ranks.'
When the gallant inhabitants of the provinces of New Brunswick and Nova 8<'otia
received intelligeiice tba^iAmerican citizens had commenced an attempt to free tlie British
North American Colonies " from the tyranny of British rule," di<l they rejoice at the e^vent'f
:No ; a burst of loyalty raspunded througl\^ their lands, and a general desire to assist us was
evinced. ' ' .
If Upper Canada were merely a young healthy province, with no protection on the cdn-
tinent of America but its character, itf^ industry, ana the agricultural difficulties it has to
contend with ; its filial attachment to its government ; tneTiravery it has shown in i(^
defence, and the mercy itTias extended to its capftircd assailants, ought to be jiufficient to
make its aggressors asnamed of their late attempt to force upon their neighbours, institu-
tions which they conscientiously and unequivocally n-ject. But when it is considered that
Upper Canada 19 an integral portion of the British empire, and that the two countries are at ■
this moment bound togetner by a solemn treaty of peace, the faithless attack of^ citizens of
the United States upon the province, afler i0iad completely quelled a slight dome'Btic insur- .
rection, will, if persisted iii, excite feeling^ among the generous nations of Euroi», which
will add but little to the character of Republican institutions : for surely the smile of a
nation should not be more dieaded than its frown, or its extended hand l)C mori! fatal than
its uplifted arm.
When the facts just stated are»clearly comprehended by intelligent men, how will the
American citizens, who have so wantonly attacked the BrfMhh empire, find it possible,' to
explain, tirat the province of Upper Canada required them to interfere in its concerns ?
But it seems now to be admitted, that our invaders have been deceived, that they falsely
estimated the Canadian people, and that they have at last learned that (he yeomen, farmers,
luilitiu, Indians, and coloured |)opulation of this province, prefer British institutions to de
mocracy ; nevertheless, as an ex post facto excuse for the sinful and n'peatcd invasion of the
province, it is urged that the crew of trie Caroline steani-lMmt, which was captured more than
fourteen days after Navy Island had been forcibly taken from us, have been " assassinated,"
and that " an extraordinary outrage" has been committed upon the Americans by our
militia, who so ably and gallantly cut out that pirate vessel.
If ^'avy Island liad been violently taken possession of by Canadian relicls, instead of
by a i>oay of Americans, armed, fed and commanded by American citizens; if these
Canadian rebels Jiad then thought proper to invade the United States, to break open half a
<iozen of their state ar«icnalft ; to rob each of many huKdi'ed stand of anns ; to plunder from
the American government twenty-two pieces of cannon, and to set the laws and authorities
of the republic at defiance ; could any rel\sonable man declan' that we should oft'er, or that
we could be suppo8<"d to intend to t>(rer, any offence to our allies, if in a moment of profound
peace, we were to ||)ur8ue in ttie Niagara river, th e guilty vessel which had transported to the
■isTand these Amencan arms, and" cSplifplw
rican » atens, moored to the British shore, or to the American shore f — would it not be our
, bounden duty to the American i)eople, to capture this pirate vessel? — and if we were to fail
to
FAIRS OF LOWER CANADA, &c.
117
UPPER
CANADA.
to do so, might not our allies hold im ii
committed upon them by British HubjcrlsTu^IllV:'^^;:';"^"'^^'' unprovoked aggresaion
Agaui, supposlDi; that the Aincri.-nn^ "■nuuiiig a uritish island?
stanceB of course Ly would Imve do^. )Teha8,n7^.':r "I*"' ""^ ^f ""''^^ -'^'' --"- No ,r
fora moment that each power would on/y \l peSd^TvT .Y"""''' '""''' *' ^ «»PP<»«d Sir F R ft "i
only a» she contmued in their own half nfThH, 7 .""^ """"■ »» capture her, so lone- i Ir^' ,*"''
pen'l of the.r l.ves, were to captTre uf ve2 in AmeZn ''"! ""''' ^"""'^ '-atmen, at thf ^TylfcA
j( would be considen^d bv th/Amerieans 1 a '"violent ou^rT.l™' "^,"" ''"^ ^^'*="'^'"' «''°«'.
wh.chl,atl comp etclv overpowered their KovermeTtL!r„H^ h '" ^'°'''y '"""'»''<' t'"™-
m Hi^rantly violated the lj;ws of nations^ And "", Tu' '" " l""'"*^"* of ,H;ace, had
»es«.l of our .slanders on account of tT; wnls C ltd "^ ,•'"''»'«•=<' '" ^Pturing the
nation, surely we should Jiave additional ngK do ,f or"^^*"^ ^
pieces of cannon forcibly wrt^sted from (T. a ""■■ "*" 'recount, if the '">
employed for a fortnight in firirf^nitslZdur„"r S°vemnient had not ' only be^^
but U> our certain knowledge wL ali.uT o l^ tZl HelTr''''''-' '"^^T'" °^ »'' ^^J-'y"
jumed out to be American c^.r.s,''td' becautThr .rn'?'"^ '""''^^'''^ "' <>- -'-d
to control them, the capture of their vessel Hvn! l!» ""'" K"vcrnment was totally unable
It would not have been cmsidpr^d Tv Vk^ '"^*" " ""'^"t ""'rage !"
vented Canadian island^ ?Z Ti„la^iJ a'" °"'™^"' """^ *'• ''^ ''"■■'^'' "f anns pre
.uthorities-and from firing 2o pieces S it ,!^T '".«^'«''«-f"»«/ insulting ZierfcT.;
It is considered as an outrfgerurt/prevenTi^A^''' '""""" T'" »"'-'' ^W^^^C
citizens to commit these uoUlleK^'ions '""" "'"'' '^^°"' «"''•>''"& Amencai!
J) ifHl^rmrtlil^t^^^^^^^^ „"^^Je C I (Whoever ^.Ht have been her
Canadian people to fulfil tUeiren^agements by f™Jhi„ " "°^i^. ^T^ "^ *'<; "'"'^^ritv of the
existinjr treaties, was insdltin/f^^m a Bri4h™sS Zr^ "' '"''";'' '" ^'<''»''"" «f
General Arcularius, Governor/Mason OnvTrl,- m . "^ American allies, and -which
.he United States, had abs^tdyr^dtrrw^rfe tt^r"^:'*^") "'"^ >g-'«'-"of
to control. - -^ "" poweriui lor the executive force of the Republic
*.oie%!L^^^^^^ by American citizens,
cnme of robbery perpetrated upon thT Un.l I L .•""'' "j"* «"''t"«=t8 nothing from the
pople or the aS authonCs stuKn^U " ^ t^^ 'T^'^^'^'i thf America^
at all, for that the aggression was approved of that '^^e'TH^ ""^ **"!.' '* '"'' "" '"^berv
knomngly and wilfully lent to the Zad'rohw lln . f m""" ""'' '^*^ "»«'''<=*« vvere
icanmstitutions upon the peopje of CwrCaraLr1\r .''''''!'' I^"^
on board the Caroline was an " extn«,nIiIro^in!L^. "P*"' ^^^ ^^^"<^n citizens who were
.hetrnZTn SL^r^^l'Jre S^XS f i- "— en,ble-sunposing even that
tobe admitted by them tSHTp "rS^^'SiVof ar'rr'*"^^^^ ''-- ^'o
American shore was an outrage equal in ma,.„^H . '.? *" ^^ean'-boat moored to the
ncan citizens, still to makeX Sdl „,?,™„ «'*"' "''""^'^ °'^ ^"^y '«'«"<! by Am"!
-tted^pon us by citizens of TrUnTtodS" .^.M ''"',"''"'' '«'' •-- ™™-
Canadians,afterthey.had taken possession of flop' '.*''"''' ''ave liecn necessary for the ■
^^ p.eces of cannon! for more thr~tn£ ' .PZlh'' A ' ''"'" "'1'* '"'■""' '"'' ''^'^^'' «*"> ■
though the outmges would certainly liavrK'reffe^H "T "'"'"' ' '""' '''"' t''en/
would have bt-en an outrage of retalmtio.ru»^r«nI^^ apparently equal, still the formJ
attack u,x,n a friend. ^ "'ta'tation upon ^ enen^y, the latter an outmge of unprovoS
TTicre are two facts which the American nation hav« not power to deny
' Th t fVh "TT " "^" "^ "'-'' ''"^y »" f"'fi' their treaties /
a '^4?.-eSr;3L^^^^ ars^ia. in order to i^ade
"ealthy, defenceless citizens, than the Z^r h^vo T "S" '* '^'^"^^ '" ?'""''•"• t'Xir own
1 have felt it to be the espec^I 2^^ .h , ' T ""'" ^"^'' "*" ^PP*'^ C'^"'"'''-
W the unprincipled mvCl 'ts pl'„^f '"''r'' T'V ''"''^' ""* ""'y "> I'-^est
tantsfrgm the unreasonable accusation wDrwih^ ts aH.eg, but to vindicate the inhabi-
bvt e federal government of the u£d stt 'sTf ."a" iS^.'-T '^' "r.")?l^ "^a^-' ">-'
•--""'line. -^luies, oi having ftssassmatetl " the cr|w of the
Thememoir of the attack which hna ;,.„♦ i.„ i r^
count™, which I feel confiHeTit 2l| S tiXt'T "' """•^^ " ""*"»' *« i^^"'^^"
^^-\vAn^ApT:^lJ^''''''' '""--hy-d Wracyhas been a problem
required here- artfficial support "'^ ^""'"'^a. and that monarchy wa» a power which
Wj^a view to aubvert thia th«,ry. the whole of the Queen's troops we« aUoWed to retire
{ from
End. in No. 26.
118
icORRESPOPTDENCE RELATIVE TO THE
UPPER
(ANADA.
No. 26.
Sir V. ». Head t»
Lord (lleiii'lff,
(J March 183ft.
•r
r
No. 27.
Sir 1". 1;. Head lo
l.oiil (lirncl;;,
(i Miircli i8j8.
froin tlie iirovincc ; nWI tlii^ n;siilt, an had been aiitici|)ate<l, wat4 thiit the (x^ople of IT|)|H.r
Ciiiiiiilii were iiii sooii)^ left unrontrolleti than they prortaimiti thcnixelveM in favour ot
nioimrrhicnl inntitiitionA t^iirroundj-tl by temptatiuHH on almont every side, they imh)(iiantly
ri'iei'tcd them nil ; in u lim lioiint they Hucceitiifully put down iiumrreetion in their own laiiil,
mid when AinerieHM citizenK, ustDiiimhed an well aa diHSppointed at their loyalty, dctcnnincd
to tiirrv them to become reputthp&iit, people uf all religions and of all puliticR rushed to the
fn)ntier to die in dcfenee ot their if loriouH conatitution.
The eontluet of the militia of Upper Canada attracted the attention of tlie frallant and
lovid inhaliitaiits of New UriinRwirk nnd Nova dcotio, who»e legiHlatureH have done thcni-
wlven, as well as thin province, the honour of pn)raptly expressing; their unqualihe<l nppru-
bation of the attachment which hiw Ix-en evinced here to the HritiHJi conHtitution.
\Vhen thrnt: (ucU nhall arrive hefort; the EngJisltjxxiple, and when they sl^nll aliio have
taken into their considenition the devote<l iiml nnalferable attachment svhich the British popu-
lation of Lower Canada Imw! evinced for our revered institutions, surely they will come to tJie
coiiclimion that the concurrent opinions of Her Majesty's North American (•olonies respectms;
the n-lntive ailvantages lietween.monarchy and deniocnicy in America must lie soumler than
their own can Im', iiiasmuflli as e^e-witiiesHes judge more correctly than people can possibly
do who iii-e livins: 1,000 nlilcs off.
The people of Enirhnid will, I'tnist, not fail to admire the calmness, the resolution, tlie
generosity, ami the hoiumrable subjection to their laws, which have distiiiguished the inhnbi-
tiiiits of l"'p|j<T (Canada ; and (m the other hand, they certainly cannot fail to idwrvc, that the
repiil)lican pniject of our English reformers, namely, to make the |x>ople bit by bit respoiui.
ble only to themselves, has ended in America by the government of the United States con-
fessing its totul inability to restrain the passions of its citizens, to guard its State arsenals, or
to maintain its treaties with its ohMt'and most natural ally.
Lastly, The Hritisli iieople will, I tnist, olwerve with considerable alarm that the leading
adviKBtes for organic clianges in our institutions, are eitl^er at this moment lying in om
gaols as traitors, or, from naving absconded, are self-ljanished from the pnjvince ; in short,
that their pretended efforts to obtain iu Upper Canada what they called " Liberty for tlie
People," has ended in a most ililam(ms and self-interested attempt to plund(^rivate pro-
|»ertv, rob tht^ banks, and bum to a.st^s the rising capitol of their country ! '•'
With tlijit experience before our eyes, I must confess I join with tne Legishiture iind
people of UpiHT Canada in shuddering at the abused name of "reform," just as we now
recoil with al>liorrence when we hear suddenly pronounced the word " sympathy."
As my successor is hourly expected here, I return to the mother country as I leftil,
totally unconnected with party or with politics ; but in retirement I shall rcmemlxT the
lessons which the jieople of Upper Canada have taught me ;. and 1 feel it my duty to declare
that I leave the continent of America with my judgment perfectly convinced that the inhi-
bitants of Euro|)e, Asia, and Africa, are right in their opinion that all men are not by nature
equal ; that the assertion of the contrary in America is a fiillacv ; and that talent, induatrr,
and character, must elevate individuals, as they do nations, in the graduated scale of society.
May the resplendent genius of the British constitution ever continue to illuminate this
noble Innil, and, animateil by its influence, may its inhabitants continue to be distinguished
lor humility of demeanour, noliility of mind, fidelity to their allies, coimige before tlinr
eneiiiv, niercv in victor\', integrity in commerce, reverence for their religion, and at all time«,
and under all circninstiinces, implicit olx'dience to their laws.
Honourable fJentlenien, and Gentlemen, farewell !
— No. 27.—
CSo. 24.)
Copy of a DESPATCH from Lii'utcimnt-Govmior Sir F. B. Head, Bart., to
Lord (ihnu'h).
My Lonl, Toronto, (> March 1838.
I HAVE tl^c honour to transmit to your Lorrishij) copies of two messages which
I liave addn^seil to the two Houses of the Provincial ParUanient ; first, on tk
j^ubject of the destruction of the Caroline steam-boat ; second, (m a communica-
tJpn wliich has been addressed to me by Sir Colin Campbell, Lieutenant-governor
or Nova Scotia.
I have, &c.
•^ F. B. Head.
Enclosure in No. 2".
Message from His Excellency the Lieutenant-Governor, with Despatch from Her Majesty'*
Minister at Washington, on the subject of the destruction of the Piratical Steftm-bo«i
»' Caroline.
' F. B. Hca<i!
Knffln Noii;. ' TIk' Lieutetiant-gpvernor transmits, for the information of the House of A«H«m1»ly, m
addition to the corresiwndence ahready communicated to the House, relative to the destnic-
tyw
/
AFFAIRS OF LOWER CANADA. &c.
tion of Uic piraflcal steani-vcHHel Ciirnlin.. il.,. ,.
MajpMty « nunister at U'aHln'nt'ton, on timt sul.j.Tt.
Government Houw, a March 1888.
iia
. ^ o JW of a (Icsfiatch and its
hxtellcnty Henry S. Fox, csfi., Ilcr
Sir,
I HAVEth.. honour h.T..«,th to .Mirlo.,. r,.r v„.. ir Vf"'''"','K*""' '^ F<'hniary 1S3H.
n.n,.n.m^, oom-pon.) that t Z d ^'JZn ^'.^'•'l ''•"'y V"'"""''"'"'- '"f'-- "^th.
C.uohn,., of th,. two ,,r,.tu.,.„ l.tte,« .„7il tCvt ""„"' *J"' ''I™'""' «t""'"-'>"at
Mr. Forsyth, h..r,.in In. los,-,!, of th,/< tlnn'unf.llj, r'" '"T''' "'''.•"'■'^ '" '"-'V l<^tt.T to
beon «lr,.»,ly .•o„nnun,.'.at..d to m F 'X ,' I ' "'" "V"!'' ""' "•■'"""^'-v, has
nH.n.|ytnu.s,„,(trd t,,„„. son.,- further af I, v.sVn'.w "''T"'\''* ""' '»"' "•' J»m.arv,
thv Amtrieon m-wspaixTH. '""""i, and which have
To his Excelleney Sir F. IJ. Head, Hart,
it. ice. ie.
' Ixrn sine(. puhhshc.d in
I have, ie.
//. S. Fo.i:
UPPER
Canada.
No. 27.
Sir F. li. Heiul to
l.oril Glcnelff,
t; iMarcb 1838.
End. ij) N(h 27.
Sir,
the
Washinp;ton, (i Fehruary in.is.
by a Canu,lia„ h.ree , h .' Ai ' ?,1 ,", ! '™ ";;:•''-'"-•'■"" <"' 'I-' -^'-.u-hoat Caiohn
the State of New York; I hav^ ow the o n.l ^^"'^"'"*. "^«'-' »'""» ""■ J.nis.lietion of
which 1 hav.. rec.eive,l u k,,. „V ibje ct io^S, Fi.T"''''.'."'"!'' \" ''"" ""' '"1'^ "*' " '^•"^•'•
province of Upper Canalh, with T^ !.^:i': a^X^^tln! ui n:::::^''"''-^""""'' "♦' ""=
mmhlseen.tob<.sutlie,entlyeru'hh"uHl •* ^ '""" ""'"'' '" '"^f^y't? Hmt vessel,
^:^ tfroiliLSiJrirStJ:: j!cv::r ^^/"^ ^r'^" ^'«'- -- -
overborne publicly by piratical violenc^ thn.,.?i . 7 ^''e authority of the law was
Upper Canada had already ^veZsu^^^^^^^^ ''"^"'''^ H^'- M'Uf.styV subject, in ,
injury and outmge. This extraoS^ st^7' "/'l^'^'y '■'"'"' f'r'-'iitened-v».ith i^till further
U. have iii.,K.lJthe„i Z cSSwn t" ritv "f "'''^""' ""'."7"^ "'"' "«cess«ri v
of tlieir piratical enuny, wherZvSey nn^.t finfuieJ^. ''""'""^ ■""• ''"^'"'>'"^' »'- --'
I avail myself of this occasion, &c. &c.
The Hon. Johii Forsytii. (signed) //. i,-. p^^^
<r
B. Head, Bart., to
, ""' .. , ^'■P«^»e«""'"State,\Vu«hin^non, 13 February 1H38
enteratp««,ntuponai.exanm^ti,n^nfeX f ?^^^ '"^^ ''"* '* '" »"* "'t«"'''''l t"
obtain trfullest evid^^ce thr"^! tft r^*^ "^^^^ ''»^« •^•^■' '"''"' «"
feceiptofwhichitwilll^maTtht^Weciofaftif f" ™ "^ »' '^ ""'""g": "P"" »''-
for nnli^sB. Even «dmitti„rthat tTS^iments tZlSd""' .*" "'' °"''^'' «o^«"""«"t
wt Htat..ment of the occurrence thtv fLlTh . *"""?'"'«'' with your note contain a eor-
«pmi the territory of the uTiLsteteL^^ l"-"*" 'r'? ""^ "T "Kg^'^^^i"" committed
Sir Francis HeBj; in his «3 ^^^^^^'?." *i"-''."'" 'he more unexpected, as
*m^^\ hisconfiZceinZdisioli'oL'^f tLlr*''* P'^'««'«"t "f Upper CaiTada, had
taUppart in the conflic which X^Tn^ in .aPnT™™""* '""a ""^T.*"^" **« "»"»"" f"'"'
munieated with tl.e Oovemmeni ^th7stete of & Yorr" ' T^^^'^"^' *';;* |"»-'°g coni-
waitinc for renlies It Is nn» n»J«. . . '' . ' ™'' *'*•> yourself, he was tlien
by the^adopLft meU^rortK ofXlnS'Ste" "'"'='"*'''"* 'T "^ "*
ttey have been successfiil in reprl^L IveA, ««^^n. Tf^' '^ f'^^ and vigorous a,
states to interfere unlawfullv in that^nLr ^ £'*"' inhabitants of the fn.ntier
of those measures was the L mina nf^^^ n r '°°*! .'T'"'"' "bxtacle thrown in Uie way
Her Britanm^ MajZ- causeTlana t ur/h""' ":*""' ^'*'"" '* *"» "^ "" "^"'"^^ '»
-t^thebord^^icT^iL^:;;;^^
H. S. Fox, Esq. &c &c ' '""''' "'y'*'"^ "'■"''» ««-'i«i'>n, &c.
J47, ' t- • ■ (signed) John Forsyth.
B 3
1-20
CORRESPONDENCE RELATIVE TO THE
UPPF.n
CANADA.
I No. 37.
Sir P. B. Head to
liord Glenelg,
6 March 1838.
End. in No. 27.
Sir, " Washington, 1(1 February IHaw.
I HAVK the honour to ncknowletlp;^ the receipt of your letter of the lUtli inittunt, relatin"
to the (jueHtiou of the capture and (teMtniction ol the piratical Hteani-lraut Carohne.
AllhouglV I cannot acquiesce in the view which the United Ktntex Oovemnicnt are <li8|)<)!ird *
to take ol t4ie I'actH connected with that tranMction, yet, ai) . thi* legation iH not the tiiul
nuthorily competent to decide the question on the part of Great Britain, and as you inform
nie that a representation will, in due time, Im^ adaresseil to Hfr Majesty's (JovernniciU in
England, I c^Jisider it most consistent with my duty to avoid entering at present into uny
controversy ijUpn the subject. It will remain for Her Majesty's Government at home, \vlVii
the whole evtdetice of the case shall have Ik-en prwlucSl, to form such delibentlv resolutiun
thereu|>on, oA rini^on, honour, and justice shall (lictate.
' I avail myself of this occasion to renew to you, &c. &c. t,
.The llonoijrablo John Forsyth. * H. S. Foj.
Mr. Secretary Josoj)h brought down from his Excellency a message — certain reiorutreii^
from the Lerislative Council of Nova Scotia. \fi
Sir, j Government House, Halifax, February ^oi'.*
At the rttoiest of the legislative Council of this province, I have the pleasure to^raimwt •
to your Ex|»llency the enclosed rcstilutions of that honourable body, expressing theijAigh
a<luiiratid(l of the energetic measures adopted by your Excellency to suppress the rcc«it„
rel>ellious outbreak in Upper Canada, af'xl ofiering their thanks to Colonel Allati Napiit
MacNab, and the militia under his command, for th#ir gallant conduct on that occasion.
I have, ic.
C. Campbell. .
His Excellency Sir Francis Bond Head, Bart., &c. &c. Toronto.
- Legislative Council ChamMt, 29 January 18.38.
On motion of Mr. Stewart, seconded by Mr. Ousley, . "* „
Resolve<l unanimously. That while the members of this House vfeW with the deepest
jegret the existence of rebellion in the provinces of Lower and Upper Canada, they cannot
refrain from expressing the gratification they have derived from those warm and animatins;
displays of universal loyalty and attachment to the British constitution and government, to
which it has given occasion throughout the British North American colonies.
Resolved unanimously. That the grateful acknowledgments of this House ought to be '
immediately conveyed to. his Excellency Sir Francis Bond Head, the Lieutenant-governor
of Up(>er Canada, for the penetration With which he discovered, and the firm, prompt.'and
energetic manner in which he baffled and defeated, the mad designs of traitorous men U
rob and murder thoee who prefer the' blessings of the British government to republican
institutions, but more especially for the noble-minded reliance upon the courage and loyalty-
of the ))eople alone, by which he was enabled to render most important aid towards the
suppression of the/unnatural rebellion in Lower Canada.
Resolve<l unani^usly, That the thanks of this House are also due to Colonel Allan
Napier MacNab and the loyal militia of Upper Canada for their gallant conduct m
crushing in its infancy this rebelhous attempt, and iji . exhibiting a noble example of the
spirit with which Her Majesty's North American subjects are determined to preserve thei;
connexion with their mother country, and to put down all endeavours to weaken 01
destroy it.
Resolved unanimously, That this House view with astonishment and regret the sup|)ort
and- assistance which in a time of profound peace and amity betweeji the two Oovemmcnu
have been afforded to the expatriated rebels by many citizens of the American Union, and
this House trusts that the efi'orts of tlie general Government of the United States will not be
remitted until such of its citizens as have l>een guilty of so unjustifiable a violation of the
existing treaty and tjie laws of nations shall be punished with that severity which the)
deserve.
Resolved unMimouslv, That while this House recognise in the British soldier that devo-
tion to his Sovereign and country which has led to the ett'ectual suppression of the reliellion
in Lower Canada, and also to a long and dreary march at this inclement season, they cannot
but rejoice that the absence of the troops from the L^pper Province has afforded gratifying
and irresistible evidence of the deep-rooted attachment of the people to the British
constitution.
Resolved unanimously, Tliat an humble Address be presented to His Excellency the
Lieutenant-governor, praying, that he will be pleased to transmit these Resolutions to His
Excellency Sir Fr^cis Bond Head, the Lieutenant-governor of Upper Canada.
John C. Halliburton, CkjV.
V
M^29 January 1838.
r
AFFAIRS OF LOWER CA?fADA. &c.
121
— No.2S.- . '
Copy ofaoyp^^TCH from Sir F.B./W, Bart., to Lord «/r,..(,. . '
My Lord, ^ * it r. j r,. • * ^
I HAVK the honour to transmit » '"'''"i ^I'^"' ^"'"""t"' « Mttrcli 1838.
House of A8 Jmbly ^ '"'" '*''''''•• °" '^^ *«>™»« ''X The Speaker of the
I have, &c.
(signed) . F. B. Head.-
Enclosure in No. 28.
u I' Pi: It
CANADA.
No. 2«.
Sir F. n. He?d to
I.ord (ilenelg,.
6 March 1838.
W**"^ '' &^'^ y"""* Excellency,
g^nt^d t:^«SCi^„°tK^^ ^h.. Co..o„, of Upper Canada, have
^Tp.r:£.-;"^:nT"^^^^^^^^^^^^
your'^E'.eets ^^n:LTA:z^x/^T::::^T ^'''' '-- •-" -^•' ^y
^tulate you and the country upon tZ^™ anSl f.TT' '*'"'""'. ^^ '^''"""' ^ut con-
.nrp.T^£L"rU.„^riorh"ri"aSr* ''-^.,'^^«" ?- - upper Canada
sions "of the militia law/^wh^h^ vour pien ^ * Kovemm.,nt. We trust thiu the pro^i-
under Dirine Providenc^ comn'but/to thf n-f. T*"" ^"lt.K!^«" »'■« ™y>l a«8ent, „mv,
^7z:r •"" "'''^~"^'' ^^^^^^^^^^ "'-" """^■"
havro:,tLrri.;t&!rhft?prr^ ^-•"t^'---. «^
honour of meeting your ExceHencv on fn Z ^^*^l^'^' '.me we ever sEall hive the
people of thi, pro^i„ce I offe to vou" Exc^e^wK''"' """ P"''^"> . '" ^^ "•""« "l" »''«
your ExcellencJ H.ould have felt cCnSi'd rteVdert^'^He"^ M^^^ l^'" ''"'' "S"' *'"'
the government of this province which vol Fvp»ii k "'5I''.*'/ y°"'' re«'g"ation of
crtHl,t to yourself, an.l aSvant^c to he cou .tS^ fe'L "t "tVr"'''"'^ '''"' *"• """=''
retam a grateful rt^collection of ffie ^rvices rf vc^^ The pple of Upper Canada will ever
to provide n,r L ^Sri^rX^J^^^^^r of ^ ^^^^SX^^^ ^ '
■' — No. 29. —
Cop, of. DESMTCH f™„ Sir K B. H.ad, ft«., ,„ Lord G,,.,„.
I hare, &c. f ^''■'
(signed) K B. Head.
End. in N«. s8.
A. -
>-'■
■• »
No. 20.
Sir F. n. Mc"ad lo
Lord Gleiiclg,
12 March i8jS.
:. Halliburton, Clerk.
Enclosure 1, in No. 29. I
To his Excellency, Sir Francis /{onrf //earf Dnrt If ni„i,. n j , . 1
vcrian Guelphic Older, Knight of the Pr'uHln Mi^F o^""" rtf °'^*'"' %«' "a'-O" E"='-
Governor ol^the Province of^p;:;CaL7rc.&J^^^^
May it please your Excellency :
m;Pr:i.*l>taenri^^^^^^ of I^Pper Canada,
the state of the Province which wp rZ.r^f.f m ""mble address to Her Majesty on
p in Ki>. 83,
Legislative Council Chamber, 1 March 1838.
337.
/• B, Robinton.
»3
y \
\
UPPER
CANADA.
No. ay.
Sir F. U. Head (o
Lord Glenelg,
13 March 1838.
End. J, ill No. i\).
\'2-2 CORRESPONDENCE RKUTIVE TO THE
- Emlosurt 2, in No. 20. »
f. ' ■ ' " ^
Ti> the (iiiKcn'H McjBt Excellent MnjoKty.
Mr)(it Oracious Sovotrign : ^ '
\Vf, Your Majesty Vdutifnl nnd Inynl milijpctH. tli(' LcpslMivr Cornioil of I'ppr rnniidii
in I'roviiirinl PHrlinniciit aosiMnbltMl, Kiinihly Wp leave to nddreHH mimelves to Your Mnjeij{y
, upon tile (lilliiillieH wliii'li have latrly nammnded this ('olony.'
In the adiomiDg Frovinie of Lower (<'itt)li(lii 11 loni; l^iin'He of yieldni^ |>oljey ImK ended, its '
the loynl''innubitiintH of llutt Colony wc^r*^ ixrHuuded it must end, in open rehell^dii, I-Vir
niiiiiy yeiirs past tljj- repiesenlaliven (d'our Sovereij^n in that F^rovinee have hifHilaled to ;;ivi!
etfeil to till* ('oimtiliition, and to enforce the prineipltxt of justice ; one indii;nity after another
has lieeii lionie'liy theni.»'itli a tfo'rlH>aiinice which has had no other eti'ect tiniti to diniinixh
respect for their aiitliority ; conceH»ion liiui followed o^ncesMor), involvins; in some iiistancen
the violation of iin|H>rtaiit pniiciplcH, until at last the fricnMs «>f the (,'ri>wii knew not what
inslitatioii of the (iovernnietB they coald venture- to Hiistnin with confidenee, and Uie
avowed cnemicR of Uritish rule saw no object which thfy might not hope togainby iiioolence
and clamour. "
The yieldini; to unjust demands, intemperately urged, does not beget friendahip; and it
was natural that the deluded inhabitants of Lower Cana<la latiould transl?r their attnchnieiit,
as they have done, from the Government which surrendered its prerogatives to the pretendal
patntits who in their namejwldly and successfully us«ailed (hem.
Ueasoning Irom the exjierience of the past, their turbulent leaders were encourage<l to
hope that there was no change, however destructive it might l>e of British supremacy,
which they ni'ght not accomplish by assuming the limguage and demeanour of defiance.
They havc,iaccordingly, ho inflamed the miniU of an ignocunt peasantry by violent hafengues
and publications, that they have driven them at last to actual rebellion, when it is proliabJe
that they intended and.hoiH-d to efl'eot their piirpose. by^ merely holding out a threatening
appearance. Happily this rebellion has been (M'tHnptly suppretweil by the vigorous 'measures
of Lieutenant-general Sir John Colbume, the commander of Your Majesty's forces, but not
without a loss of life, especially on the part of the insurgents,' which we fully believe would
have been uvoitled by a firm and just exercise of ihe powers ofOovernm^it in former years.
In ortler to have<liscountcnanced effectually the eflbrts of the factious, n<ithing more, we are -
persuaded, was nece^ary than the holding <Hit to them a timely and unequivocal warning
that the principles 'of Ihe British Constitution would assuredly be supported, if necessary,
by the power of the Bntish Bmpin-.
The anxiety with wnich the>mhabitants of Upper Canada have regarded the events to
which we refer is sufficiently accounted for by the relative position of the two Provinces.
Lower Canada inteqioses bctwe<-n us and the ocean, and it is only by passing through it
that we can have access to • any other portion of .Your Majesty's dominions, without
depending on a right of egress through a foreign state. But we assure Your Majesty tliat
other feelings bettdes the sense of danger to ourselves have prompted urto look with extreme
concern upon the late conflict in that Colony. We deeply sympathized with 160,000 of our
fellow-subjects, whose lives and prop^ies. it is now become manilcst, were in immiiiej^t
danger of total destruction, from tlie inveterate hati-ed of liritish rule which has sprung riip
in proportion as the confiilenee which they were accustomed to repose in the protection of
their (Jci^einment has been suHcred to be snuken. It must have oeen most gratifying to
Your Majesty to leani, that in the absence of -direct reiiiforcementa from England, it was
found not iinpnident to withdraw from the other British cMonies on this continent wliatever
regular forces had been stationed in them ; anil it cannot ))ut tend to raise the character of
of this Province, timt its Government could with safety b<! left thus destitute of military aid
at a tin>e when rebellion was raging in the, adjoining culpuy, and after the people oi' Ciuiada
had been traitorously incited by certain members of the Imperial Parliament to throw oil'
their allegianee^to their Sovereign and to resort to violence, if it should be necessary, for
overturning the Constitution which we had received by the solemn Act of the British Parlia-
ment. E.\cept, iiideed, for the encouragement which oUr apparently defenceless state has
given to some la^ipss ttcople on our irontier, it is |)erhaps not to be regretted that at so
critical a p»'riod the inhabitants of Upper Canada should have been left to defend their
country and institutions without the assistance of a military force. Your Majesty's Governor
of this Province had venuired to give a .manly and open support to British interests and
principles ; he had not di|>trusted tlie inclination of a loyal people to support the Throne, nor
hesitated to refuse co-openitiiig with those who were labouring to subvert our Government.
By this natural and hououruble course he had deprived agitation of its hope, and had given
assurance and animation to the loyal. It wag fortimate -tliat an impressive example should
be given of the soundness of a policy which had for its basis a Ann reliance upon (he wisdom
and justice of British institutions, and a generous confidence that the people whom lie
governed had tlie sense to appreciate and the virtue to uphold them. No system of policy
ever had a fairer trial ; encouraged by the existence (S( rebellion in the adjoining Province,
and hopin" for aid from the people of a foreign state, the enemies of British rule Tenturetl
to throw on all disguise and to raise their traitorous arms against a Government to which
they had ^wom allegiance. But the effort was no 8o<mcr made than it was signally defeated ;
thousands of Your Majesty's subjects rushed , instantly to the Hup{>ort of your Itoyal
^withonty ImB oFtfie laws, raid lii iSany of f he rnosf populous districtrofthts Frortnce iSot^^
a single
\
m
AfFAIUS OF lOWEtl CANADA, «cc.
133
CANADA
I'ppor Cannilii
> Vour Miijfttty
y liiis (
ity iil'lc
\m\\ to
Nome
krit'w
(leiicc,
^iiiby
ndcd, lis '
(III,. IVir
(I to };iv<!
r luiotluT
(liiiiiniHli
iiftiiiiccs
not wimt
and tlio
iiMolciicc
eiulghip; iiiid it
lieir attachment,
the prr tetidal
enodurai'wl to
tmh Hupreiimcy,
r)ur of defiiiner.
loleiit haiftin'^ues
^n it in |>n>l>alju
It n threatening
^>rous'nicaHures
forces, but not
If behevc would
in former yearn,
iig more, we are •
uivocal warning
id, if necessary,
i the events to
• two Provinces,
sin:; through it
liniriiiH, without
ur Majesty that
ok with extreme
1 160,000 of our
ere in inunine^t
huM Nprinig <n|i
lie protection of
St gmtifyinn to
England, it \vn»
itinent wliatever
the character of
; of military aid
Boplc of Csuiuda
eut to throw oti'
; necessary, for
e British Parlia-
celess state liaii
retted that at so
to defend their
esty's Governor
ih interests and
the Throne, nor
)ur Government.
, and had given
example should
ipon (he wisdom
eople whom lie
system of policy
iming Province,
ih rule Tenture<i
■nment to which
^ally defeated ;
of your Uoyal
Sw^Pforince not
a single
K:;;.i:;'£*:l.n?rS:ri^;:,r"'"^'"'"" "'" '*'^''"' ""^ "■"'""'""' »"«'"pc to sepa^u.
ob«.rv«l w.th aston.Hhn.ent, that ., ho adjacent .^Z ..r"";','^". t''"*^^ r"P'«' "«
undiHgu.se.l elforts were made to cl ram .^^the « ml. '1 '^'".^ ■'"«'«» "' An.enca
'nsurgcts. Pul.|,, ,„,.«,„,,, were ki.l m wf.. 1, 11- V f .'r'"'^' '" '"'""^ "'" "'•'
".te,.,1ed than an ,.,.,re.s,o.. „f V,..,,a h'y h„ t „ re^uL ^ . """ ."""""^ '""'" *""
beyoml th.s avowe./ ,nte..tion. Ar .s wek- collecl.7 a . 1 r T' ."""""T *' "' *"y '''"•
made. fo.vU.e hei.etit of th.,se who weTin «H.,, I rni l ' ^ """"'i»fons of var.ons kinds
tl.e Par,«bly ,l.si„gemi.„ . p.^^.'^ o( [efrnd "1, ^^^ !i: "P"""' '«^^ Soyenig,.; and. un.ler -V,
tjte.^ an i../n.,ge,„ent of their right An'em' ^ «Z^l «««•>'»' a ,K»plert ho never niedi-
thrcatening the jH-a.-e an.l scc,.nVy " f « Hri , C Imw r. T" '^T "I t"^" ''^''"•'•> ■""«
the.r own Ooverlnnent and of tl.-'^x .t^sr pn.llT/S;^ '""'.« o'' ^« "'J""ct.ons of
A^r: t^eSu-t:;:;- - i ... ....ted .ates of .,
.rt^llery an,! wea,K,ns plu.ld^n^d'^S't ri'll c? ars nl^l^thdr"'"' '""""'"•'' **'"•
renuiining emhwdied for many weeks htt»e cam« n?^!: "^ "'«"■ />*•> *onptry; and,
vince. I„dc,H.„df„tly of thMe^„suleX..s of „„r„.l "" "' T?*'" "Sai'-t tl.is ProL
to he w.thout their weight .nU^S States of AmJr ""°"' '""' •*"'?' «''i^'"-t;l't no?"
liiat the Government .,r .«n, le „r . 1. 1 . Amor.cu, «e caimot believe it .K^Hsible
*.th Great Hr U^, a J^i wil t T^*'' '^'""1 "". '"'"l^" ih.'u^We. il. "^^
chargmg them w.th\n;,terrty:Lrs'e't fc^^^^^^^^^ ''"'"F 'T"'- "^V
more promptly eurl.e<l. It has ndeeil «m««r!wl .^ .. ! '^ j "''""' ""tbreak was not
.liaraiter, 'to [..event >k.iVatae K.m'^^ctJ.^u^de^iL" f'""" '" *'"*"•=*"" '*"■'" "»""""'
•W to uvtrt a war «,tl. an empi e ema.. ly to^l." a'*i^'^ '"jury unon a fiiendly p,.„p,e,
de«p.s*d, might have f..rnisl.ersuHi • e,U^„Xc both T i'^'Tf''^ '" '^'',.«"tl>.r l...t,.J oh
and ...ore i.nn.ed.a.e i^xertion i\J^lZTtoC^^^^ t'"' ^""h^r ^"'''"-''
d'fticulties which ...av have hniKMled tl e ,, Z. int^rf renen' of I P f""','^" ''"'^" "' "'«
entitle us to ooncludJ that noth...i"^fwJT" ' '"'*'""''"'=•' »' the Federal Government, to
eHectjuil was do.ie ^ f"""' *""' ^"^ * '""8 '""« '"te'"l«l. l>eoause i.oth.n,,
thil'SnUzizi^^sSk^itr' riS: Y t^ '^ -'^ !i '^•^ ■"•""••"""^ <^
the moment of anx.ety and dange . w^h Te firJ^nL ^ . ' TT*t "l """" '" ''^•'' "'
occasion. ; ' """ger, wiin the tirmnjyw and good faith that befitted the
wen. iVt™c'i\&tir1het7et'.'^" H but,al.l.ough these
day. in the presence^ "L. t.bli7authori"erJn'^.l^ "'^"" ^'''-- '" ""»
of accomph'shing them, the a'rsenals of th^e stilte iri n ni'A '" '1"^? '"A'"^""' ""^ ""■»""
attempt at en^Vgetic interference seemed ^ be Sr 'rtSfodL^ h 7h""'' "'""' ""
their own laws appeared to be patiently submittt^ In ihil- fi! ** ^V^"" '^"''•'»'' to
"e.ghbour|wereeipected to be as Stlv Zme and .h^ th* mjunes inflicted upon their
re|H<ated:rfSts„f agression by, their Se fi^sTshr^w 1 !>*""' ""' "'""'^ered .luring
an act of self-defence on the p. rt of'This ProJ^^ oe wlll?^ '" "" ,""."'"" ."PP"^ "^-"""t
denied to be rt-asonable and j..,V ' '""' "'''^" ''"'^ descnbej, cannot be
jvill it C easy to wi,,e ofT Ae r^pr^ch „• £1 T hr ?, ""'' ^'T P""""" ''"'*^ •^'' '"1"'^' .■ ""r
have done, tfieir intention to TEamS ihoZ^i "^I'^'f" T'T'. Avo,vi„g,asthey ■
Imve confessed the principal obj^t ofX r^waS^L „T "^^^ "! '^H ^"''"^'''' "'«V
•mpulse which has enlisted the ai.j of mult^Z h, .l! Pl"nd"; but the mor& general
the people of tins Colony ftti," subj^,"„ „ Yo' "m ^''^^ the declared desire to free
lastre.licofmo,.arch.call.overnmSr iL'^Ztmr ■' «"•*'-'"- -hat they call the ,
monarch'y^s ..ro.ir to be enconraeeras » s?n,„ / V"' "a^ "''^"'"" "* *'*« ^"I'Jects of a
truth, th'at iveil a Innk JmTaSyrhoS ca^Vi^^^^^^^ a-f .t were an uUniable
'berty, and can only be submitted to^ bvT Znle u^e? ^" "'?"' ''"''^"'^mMe with
least so much deference for the ri,rhf« of ^^ " . u "^'"'"t- They should show at
of matters which concern tt r o^ntti."! and wetre "h ,"' I.'', "'If" *'"'"' '» J"''g«
themselves ^chiefly u.x,n having wffthev c^M „ J "' "L""'* ">ey profess to valSe
embark, without hLitition in the bTtoLra„tlt.?mLr^^^ """^ 'choice, they
people of Upper Canada a fom of ™«J^^T k u""^"^' ^^ ^""^ °'" ""n". "P^n the
choose. L.T, up^rS; veT^rontif^ o™ Prov'Le '^'"^''^''^i ''"''"'' """y^" -'
hat the mamtiiiance of our connex ion" vith Great Bntaran^"^ people cannot be ignorant
laws and institutions, are the verv n«i„.. ,J1 u u' "** *"' ^""^^'^ preference for her
,t"°"ce milled, and by JiVZ^-'ra" uSw Tml~T i^'^'^ T^ ~
^ofrthe whole msfe adulTpopulatio.. of thu ^7.1. ^^' . **•* '!P«fi«cfcTwfore tliem "
" * insist
f
f?>
0^
7^
■A *
\
I'PPER
CANADA.
No. 20.
Sirt. B. Head lo
Lord Glenelg,
13 March l83«.
End. 2, in No. 29.
124
CORRESPONDENCE RELATIVE TO THE
insist upon it that the wisljes of a few JTugitive traitors, whom they and some recreant British
subjects in England have taken under their especial patronage, shall prevail over the almost
universal desire of the people of Upper Canada.
When these citizens of the United States speak of bringing to us the boon of republican
institutions, they seem to imagine that they will Jje regarded as offering to extend to the
people of Upper Canada some newly discovered blessing, not considering that republics of
the purest casfehave been seen to run through the spveral stages of democracy,^ anarchy, and
despotism, ev^ before the commencement of the Christian era, and that too}vin ages and
countries renowned for philosophers and statesmen. They forgot also, that\inour own
generation, we have had an opportmiity of observing in the fairest portion of tlia continent
of Europe the same process, though not exactly in the same order, until at last, under the
government of a limited monarch, comparative peace, justice, stability and repose have
returned to a land which had been long desolated by the worst miseries of domestic and
foreign war. When the people of a country profess it to be the fundamental principle of their
oWn mstitutions that the will of the majority shall govern, and at the same time are seen
rushing to anns for the purpose of enabhng a feeble minority in a neighbouring province,
with wliose concerns they nave nothing to do, to prevail against the will of the majority, we
catinot fail tp observe now nearly democracy is allied to tyranny, and how little it haa
changed its nature in modern'times; • ,/
Neverltheless, it is with regret that we declare to Your Majesty, that powerful as may be
the imeaiis which the United States possess, from their great population and wealth, of forcing
upon your Majesty's subjects in these Colonies a form of government which their inclination,
no less tftan their duty, leads them to reject, their ability successfully to resist it is in greater
dangef fipm another cause. We have observed with concern that among our fellow-subjects
in the \Uiiited Kingdom, there are many wno have too readily taken up the opinion that in
this new i|vorld, the forms and restraints of monarchical goveniment must be distasteful to the
people ;\ that nothing but republican doctrines and practices can be (ftngenial to the inha-
bitants pf this continent ; that all attempt^ to repress the supposecl inclination in their
favour artel so many struggles ^gains' nature ; and that in process of time, as our people
become numerous, and can claim' the privilege of being governed as they please, they will
certainly insist upon becoming republicans.
There is "^lothing more evident than that these impressions, which we believe to prevail
with niany;of our fellow-subjects in England, are erroneous, and the error is one which we
fear may prove most injurious to our future happiness and security.
It has setmed to lis on some occasions to paralyze the cftbrts of the undoubted friends of
monarchy in the great council of the nation, and to cause the vindication of the principles of
our constitution, when they arc assailed in the Imperial Parliament, to be usually undertaken
in a tune of despair, with bo many concessions and qualifications as to wnat it may be
necessary tol^urrender in future, and with so apparent a readiness to admit that other prin-
ciples must $e expcctc<l to prevail in time, that British subjects, really attached to thur
Government, seem to be enjoying their constitution only until the period shall cpi^, _^
when those in England, who seem habitually to distrust the vfisdom ana propriety ,pfmain-
taining a moniirchical government iii these colonies shall have raised by their eneotiragement
a sulKcient number of advocates of other principles to warrant their giving u> them their
open and active support. It in with pain we state to Your Majesty, that not a few of the
acts uf the Colonial Department have seemed to us to be evidently influenced by this error
which we deplote ; and it is an error which we seriously fear may prove fatal to the con-
nexion of these Provinces with Great Britain, and no less fatal to their own peace and
welfare.
We have some hope, however, that what in now taking place in these Colonies may lead
to sounder views; 'for a more striking and convincing testimony to the advantages of monar-
chical government^ was perhaps never afforded, than may be gathered at this moment, by
observing the conduct pursued and the sentiments expressed, thQjughout the British Nortn
American province^ In the midst of a struggle which still threatens to bring upon them the
unequal force of the» American republic, the people of these Colonies are not merely faithful
to their Government, but they are animated iiy a zealous feeling of loyalty, which prompts
them to. undergo every privation and danger necessary to be encountered for supporting
their constitution and laws. ' Living on the borders of a country where the great experiment
of governing by the will of the people, or rather, of forbearing to govern in deference to their "
will, Kas been long tried on the largest scale, they have seen nothing to make them
discontented witli theif own political condition ; they feel themselves to be quite as free as
the citizens of the neigkbouriiig republic, and in many cases more so, and they believe that
their form of govemmeat confers greater stability on their civil institutions, guards better
their religious liberty, assures more power to the laws, protects life, reputation, liberty and
iroperty with greater sti^adiness and certainty, and insures the observance of a just respect
or the rights of their neighbours, more effectually than can be done in any country where the
popular will must govern, however irregularly exerted. They do, accordingly, prefer their
.own constitution, not coldly in the mere exercise of their judgment, but they defend it with
un affectionate attachment which deserves the warmest encouragement and support of Your
Majesty and of the British empire. '
To say nothing of the Colony which we ourselves inhabit, we ask those who are eKher
themselves insensible to these feeliii ( >8, or who.ha ve falsely imagined that they-could find no
fc
luiine on'tlie North American continent, "to Took at this moment upon the noble provinces of
Muva Scotia afld New Brunswick, and to point out any portion of Your Majesty's United
I , Kingdoms,
AFFAIRS OF LOWER CAXADA, &c.
125
the principles wliicli
L'I'PEU
CANADA.
No.
12 March l»38.
r.ncl. 2, in No. ag.
although they are .hr rJ^L^Z^'^^^^^^^^^,:^ '""T "'"^ T^' '"'"''■"' '^'W^""' ^'^ '■ » "^O'
ar«y. and fro... the sple.uiour Scrrrr^I tpeiC^/ltS^^ """ '""^'"" ^ •'" ■"^'^•
u..3;;^r.::;:'^\Zv:;:;:;iS;^dtd:!::Ls^ ""-^'^'^ ''^p'^ ^- --tifuion
gradually undernnned by eh ,"Js at „ S to ^ ."" rj^-/ «-'- '<> the danger of bein^
«pint of concession; an.f, in ti.e .,ext pace to tZ .?.?„.', ".!''''"'"''"' '» " ""''taken
our connexion ,vith the British C.mv, ,, .m'el° ","„''"."?"."''"'-•'> ''''"''tens at the same time
U..it,.d States in our co,,cerns.Wi;!^^^^^^^
Your Majesty to consider, that the reined"v L l.t. ,*'"'\^'"'^!''' \% respectfully entreat
«e t .nk we urge no u.n.^sonable d^e. ^1 . Jo S-sTwllir: y"'''T- ^"''"u' ""'*
may be secured against the risk of those i,ripi.,Uc *-''™'f' V '"'P''"^'' ^our .Majesty that we
- the British constitutio.. coi.s^, beinc, surS^r^^d V '" "^ '' "'' fT^^'' <"«» excellence of
attempt to oeate a new a,, ^^tte it^^of ™ *»^ '"'■'"» "^e rash
the subjects otGreat Britai.. '^"''"y"'^"' of government than has been hitherto known to
people of their fne..dly rela^tions f^orCe ': Ts^' ar' f "'"'r ^^ 't ^■"'''•''^''"
down by the .ntcTference of their gov'arnmen tlmt tllir nr . '" ^''■"^ eHectually put
the Provinces oftanada are reportetf^Z momL tl preparat.ons to .nvade and plu'..der
op.'nly than ever. But in tfii nwLt of .1 „ T . . ''T"^ "" """'^ extensively and
occasioned, we have received he "Sine i-.tlli^cn^?";:."': ""^"'^ their preparatio.,s^have
made by Your Majesty for our protecZf for wit .? > a '"''""P' "'"^ '^^''^'^'^ «^e«ioM
grateful thanks. ^ protection, for which we tender to your Majesty our most
w'T.L'r^Sr'iiretXse^^^^^^^^ P^"'>^ -ved when it should
f«)n. the British C own, or wLtherW Mats^v'! I "f ""'"'^ ^""'^^"'^ ^ ^' '^^'^^ted
be aided in their strngg e\o ave t t hat^ laSv tU '"y"* .^"''J'^'^t/''" '"''"'^'' ""-'» «'>""'J
co^calculafons of in^rest a.one.'t:: ^^T^^^^XZ^ r^ulll^L^S^^J.^
. 'io^h:Sri::^!s.t'trx'fer^^=::d"' -';' '"^ rp'^ "^'-^ ^-"^'^ ^'"^-
made for maintaining the inteoritVoflhe emnTw '/!..'" ."" '^''"''''"' ^-^^^f'"" "^"^
safety and peace. ° '^ "'P""' "" '^''°''l "'e assurance of our future
deSd?h::!;p:it;:eseIc;ri1v"'frrn?iL'''^^ determination of Your Majesty to
the «.Ia,ni.ies of .^Lr but we Z.eX ei^tr7.t' W M,' "" 'Z '''\P"""'' ""^ ^^-•-' =»-«
beu.ed for providing a n.ore adequate sernn^v»i .J *' ""'' ""= '"^"*""' "^ P'^'*"- '"ay
have been litely ex|^sed to ^ ^^ "^""^ " recurrence of such da.,gers as we
r^^^^:':^:£:^:^zi:::l%!^i;/t^ -- >-« made us
illustrious Duke of \Velli„,.ton„Cepatriotim''™^^^ th.s country owes to the
Ca.,a,labytheco,.structionof t at X "orr^Tf T '■ "''.'' '" ""= ^'''«»'^" "^
interior of^this country to the ex etSoZllt?^^^^^^^ "'r.'' ''«« ""^"'«d thft
from the frontier, and connec^.Tus d1act v wlth^ ^1 V '« " "'*"^'"''''" '^''»""«' ^"'""^ed
Britai,. ca.. supply. " "' '""'''"y "'*'' "''atever resources the fleets of Great
^^'^P^nT^X:^:^.::''::^^^^^^ -^ -•^ l'- -"-.ded to construct,
wa. of such de.e..ces is almost "S.ll^-^I-i^XSL.J:: S'^T S^
..':.; :::cq:ri::'£'2!S:^:s:^tK:^^^^ tr rf ' ^ » -<-
opn.ions at var.a.L with the X^vt ,. U L^^^^^^^ '" ^^P--
have done so without regard o cOnsideratio.^ Tf^nfJilf .^ ! *^"'<l"!''' Department, we
confidcce in Your Majesty's de«./to cmluKr h»n„ PP*' S"""^" "'*' •""«' ""''""'*''
rela.,ce upon the wisdom o'^' the iL^^iaT Par iament fo^^d!. - '""^ P-J'-'PeHty, and a., enl.re
«u.ted to remedy eiisting evils ^ ""'anient for dev.s.ng such measures as are best
.>e^g '^^z^.^rix^:^!:^^ Sirt "-''r -' -pp-^-'y
wishes; and when this ha, been done we a e peZaded th«r„ll l""""' 'r7 "P'", "'» "'"^
"ubjects will cheerfully abide by the decision. ^^^ of Your Majesty's
"^e b eg to e xpress on t his occasion nnr «..,.^ e ....■ „
TKSon aSrObvernnienl. v^-==;^^^i!i-"»a"™ici:a ot entire devoiwu to YtmrTilige?tyT^==
U[).
I lead to
Legislative Council Chamber,
2B February 10:J8.
357.
0. Robinson,
Speaker.
%
12(i
CORRESPONDENCE RELATIVE TO THE
LPPKR
CANADA.
of p'.icc, and to the nrescnatiDn of tlifir present t'onn o( i»
In this very ivmnrkal)le perioil in our liistorj', the lepsliitnre has been suddenly convened
in Older to ri^oiive from his Exeelleney the Lieutenant-governor, an account of the suppres-
Enclosure 3, in No. '29.
!\o. Jl). Report from the Select Committee of tlie Lei;islative Counoil of i'/iper Ciiiinitn, on thi-
Sir F. B. Htad to „tate of thi' Province.
Lord (•leiielp;, .|. ^ 4 <■ . i . ■ ^ i ■ ...
laMarih i8i8. • ' ^'^'-^'"''' ♦committee appointed to m(pure mto, and report upon the state of the
' I'rovmce, have agreed to the following Report :
End. 3, in No. 29. The point of time in which this suhiect of incpiiry has been submitted, is beyond
com|Kirison the most important to the Ititure interests of its inhabitants of any that has
occurred since Canada came under the dimuniotiof the British Crown.
Sonu' measures of a decisive chi*riicter nnist, of necessity, !«■ pro|H)scd in Knglaud, u\
cofise(pichce of recent events in this and the Lower I'rovince ; and upon the nature of tiiosc
measures it depends whether Cp])er Canada is to Im- retained as a portion of the British
dominions, and whether its, inhabitants can look forward with confidence to a continuance;
government.
'ilenly convened
of the suppres-
sion of an insurrection which was formidable in these several rcs)Hcts, viz. : — That it was
_ Hot on account of any particular grievance or complaint, but had limits direct and avowed
object the total subversum of the Government by an armed fiirce, and the introduction of a
democnitic coiistitution ; that among its leaders there were several Members of the Hoii.s<(
, of Assenibly ; that efforts had been useil to proeun? simultaneon.s risings in other parts of
the prmince, a()d not without considerable success in the district (if London ; that the whole
movement was clearly inteiidc<l to be in co-oix-ration with the r|'l)ellion which had broken
out in the adjoining province ; and that the insurgents reckoned u])on foreign aid in their
desperate ent(!q)rize, and not without reason, as events liave proved.
By the prompt measures taken by his Excellency the Lieutenant-govemor, by the zealous
and faithful services of the militia, and the active exertions of jx'pple of all ranks and
stations, this rg>ellion was spoedily suppressed ; and aUhough inany hundreds of the reln-ls
were actually in arms in this district, and in the district of London, it was happily
suppressed, almost without loss, on tlie part t)f Her Majesty's loyal subjects.
It is indeed evident that treasonable movements which bail been long planned, and which
were extensive in their character, w^re attempted to 1)6 put in execution prematurely, either
fhiui the fear that if «lel<'rred they were likely to Ix- etlectiiully counteracted, or from the
temptation offered by somo seeming and unexjx'cted facility o) canying them at once inlo
eflict. It ap|)ears that tin' exigencies of the public service in Lower Canada having rendered
it expedient to concentrate Her Majesty's regular forces at Montreal, his Excellency Sir
Francis Head had yu> hesitation in complying with the request 0l' Lieiitenant-genenil Sir
^John Colbonie, that the troops stationed in this province migbt be withdrawn ; and the
whole of the (Jiieen's fiirces were without reserve sent to Low<rr Canada. It was not
unknown that there were some restless agitators in this province, disaffected to the British
Crown, who were industriously promoting the cause of reix'llion, in appearance at least, by
collecting and drilling parties ot armed men in several (piarters of the country, and particu-
larly in the northern jH>rtions of the home <listrict. Besides the information of these
proceedings brouglit by the loyal inhabitants of the neighbourhood who were naturally
alanne<l by them, the moveiwnts of these traitors (for such they have since shown them-
selves to be), were o[x'nly proclaimed in seditious pubUcatious, with an evident design to
force tluni ujhhi the attention of the (ioveninient.
Tlie first object of these unlawful meetings probably was to deter the fiovemment from
parting with the troojis, by which means the doiibli' advantage would be gained, of serving
the laiise of the traitors in Lower Coiuida, and of exhibiting this province in the light of u
disturbed countrj-, which could be kept in order only by a military force.
After this object had been defeated by readily allowing all the tr(X)ps to Ix' withdrawn,
the same ilh'gal proceedings were continued, whether with the hoix' of creating a diversion
of the forces from Lower Canada, or with the design of actually taking advantage of tlifir
absence, and endeavouring to subvert the Government, can now Ix' best judged by the event.
' It is not improbable, however, that one principal motive for this insnlting display of anneil
force, was to drive the (ioveniuunt to tlii' adoption of some precautionary measures, which
might give to this province the ap|)earance of lieiiig in a distracted state. By aceimiplishing
this object the agitators knew that they would aflbrd very acceutabh' encoiiragi'meiit to
Mr. Hume, and oni' or two other accimiplices in KnglamI, who nave been adding to the
dilhculties of the Queen's Govermiieiit, by sliami>fiilly nljofling insurrection in Her colonies,
and they may not improbably have hoped for some further advantage to their cause, by
^ ' intimirtslitin!; Her Majesty's ministers into unwise concessions, under the apprehensiiui of new
and fomiidable diHiciilties.
For reasons which have Iwen stated to the legislature by his Excpllency the Lieutenant-
governor, these apparent prepalStions for rev<ilt were loni; suH'en'd to proceed, without iin
alteini)t Ixing ma<le to restrain them by |)ublic authority, until at length those who had a
near op|x>rtiiiiity of observing them being convinced that violence was inU-nded, and
' Appendix (A) apprehensions of this kind iH'coming very general, his Excellency issued a militia order,*
<lireeting offieem cimininndiug to call out their rps|x'ctive regiments, ami to afford aid to the
civil |)i>»cr in suppressing armed meetings.
This first s igna l of opp osition on the part of the (Jovemment, seems to have incited the
"^atTpr nf the inwrpTntB inTfiiR dTsTrirt to ptttnije hTi» TwHinjipy fiitlowenTiUiinw into rmrip*
of the worst character; and there is abundant cMdencc that the plundering and burning of
this
ti> have incited the
i
AFFAIRS OF LoWER CANADA, &c.
127
End. ^, in No. UQ.
.■\|)pciuii.\\r,.)
pn-perty wer.. ondan-^',"^ I-i.-Uctioa to tli.Mr l,-llo«-«ubjects who...- lives and ^ord^ ^'I^'hI^,
tncs, tl„.n. t„n,..d out npon tins ., m .« umm:,rn V ' 1,1^ ^^i''^^^^^^^ '''-
nocssury tor suppressini: the relK-llio„s movement ^ ""^" "" "'''■"
.£ tr'hastiLtm a diti";^ ^ .l''u ■^""l?' -"y "'^^•' -•- o.miht.a
servces were no longer -.u.n.Kmr^r tLl j:!':;, "^i;' i;:;i; ::;-;::[^|'<-
(ahout .>uo men) were ( etaehed to th.. .li^tr,,.. ,»■ i i ""'^' "y 'rrivcd, a laiir,> poiti,,!,
rendered with mueh 7,enl and .i,'e..'o Th s rVe " "^7"'1 "" ','"" "'■'•"'^'"" "''•■
auled by nu.n,.rouH bod.es of v I :t^-r. ! ^ Sa . s of ti' l"' 1" ''^ ''^'"'-
disner^ed a larye party of anned tr to.s w.S Tn it. ?, ''«""'"" '"'"'■'• '"■^'"""y
..ni< Wmrh.H DumomlH., a mendn.,- of the e of Ak« n v ' T'" T'' "''"" '■■"''""'""'
There, as well as ,„ the hon.e dis.r.e e. le h nu, X i ' , ""/""■■""" ''X '^i"''-
be,.,, apprehen,le,l a,„| bron.dU b,.(ore t he ei H^t.. v L o 1'^.?"'' •",''""""' *"" ''"^'^
other loy,d n.habitant. .„a„y h.,„dr..ds ha^e :I.!:;r:.:i„S. £ t:LS":^n^{.^!t "V"
crnne, and req„e,t„,j, the proteet,o„ and fo,^.venesM ,.f tl,e,rl!,;S,rt " "'"'""'^ "''"'
.hort ti„.e have grown '. IhI rStr,u,I!al.le "'"""" ""^ "'•''"^""•' "'-'' "'■^'" "• »
The hand ot a mere,li,l ProvWence was n,ost si.rnallv d,si>laved i>. >. ,n„nlv,.,. c .■ 1 >
and to their ramilie,. eJlldlv ftf r ^^rcomZr " '"""" *" ""^ ^'"'"^ »''^"- "" "'
.^a^l'lv r^j!v!;.''Z'l' .'r'''"^: "' 3 ""^'*'' ■"••"■'y witl"-. il.^ lunits of this provinee, we „„,.t
i:::!!^'^"^"'r'i""*!' fi'<=t,on whiehlhas been natmniied even by ;i;„;:ii;.;;;i;;: ^rii;
dly shown that their aim was to snbvert the
Li^l »«^d 1 T ""T"'^"'";' "'th violence, all distinctions of .ehfrion and com^ rvv er.
h T : "'' .*' V "'*l'' r^T *•""•'' «■"" "'■»«' ••« forpotten by those wim w.tnessedT
m irirt;;':;.:' 'r;",:;* •>? ,""'-'">;'« '<> i-t d«wn reunion, z^i t:vz:^T:i :
5£.it?y,rr:n?:^t:s!:rr^^^
«n no t«i,r«. „r ll„s service, and of the more aoluoiis and protractcl exertion wl„eh Th Vs
H..o„,e neoe^ary to make on «„r frontier, from causes toihieh w/s I, I n eL"^^^^^^
a« telirS Td rn'""* ""*: yPI-P'"-'" I~-^a" inest,,,.^" Et^e" i.'
^^y, .ntelhtrent, and brave ,K,pul«U„„ which, for many years past, hus lK.ei,Nrtowmg to us
" '•* from
128
CORRESPONDENCE RELATIVE TO THE
UPPER
CANADA.
K
^K.
4k
fi'(im tlic I'liiU'd Kingdom. Tlic loyalty of our native ^ > ifdian 8, which was conspiououB in
the last war, is now aided by a host of Bpirited and zealous officers of all ranks, who have
No. Jg. ' acquired experience jn the umiy and navy of Great Uritiiin, and by thousands of brave
Sir V. B. Head to soldiers who have bcconi6 settlers among us, and whose glory it is to devote their lives to
Lord Glenelg, the s«'rvice of their Sovereign. With hands and hearts like thes<-, a militia is soon rtindorcd
1 i March 1838. ellicient and fonnidable ; and it may be doubted whether any countrvTJfnjual population,
^las better materials for self-defence, than the proviuce of Upper Canada. It is at least
End. 3, in No. 19. j.,.rtain that no colony of Great Britain can ever nave given a more decided proof of sittach-
nicut to the Crown, and of a determination to »upiK)rt the constitution and laws. Absolutely
destitute of military force of any description, in an extensive proviuce, with nearly half a
million of inhabitants, a rel)cllion, openly and actively supjKirted by six or seven Menil)ers of
the Assembly, and promoted by the most mtlaunnatory ap|x;als to the undtitude in favour '
, of popular government, has been pro.mptly put down by the p<'ople themselves, at the same
time that a formidable relx'llion was raging in the adjoming colony.
Your Committee will not content themselves with a mere allusion to an event of such
<leep interest to the i)eople of this province, as the recent insurrection in Lower Canada.
In its progress and posiiible consequences Her Majesty's subjects in Upixr Canada ivere
directly concerned, ami they have watched it with intense! anxiety ; it was not, us. in this
province, the consequence of the malice imd folly of a few individiials inHueucing a com-
paratively small |)ortH>n of the people. Feelings of national antipathy were brought into
^ action, and large masses ol' the inhabitants excited to hatred of their rulers by incessimt
misreiiresentations, were known to be preparing tleliberately for a struggle, in w liich they
, ho|M'd that their numbers- would enable theifi to defy all the force which the (iovcrnment
^ had it in their power to bring against them.
In no part of the British empire have the blessings of a mild and just government been
more fully enjoyed than in Lower ('anada, and it was no less amazing than it was deplorable,
to find that a lew selfish and violent men coidd succeed in plunging a people, long charac-
teri.sed as a peaceable and inoB'ensive peasantry, into the guilt and horrors of a civil war.
It has been a distressing spectacle to tlieir fellow*ul)jects, to see these unhappy nu-n rush
wickedly and wantonly into a contest, in which success, if it had been achieved, must have
been utterly ruinous to tliemsclves and their posterity.
Their rebellion, as they might have unticipate<l, has b<;en promptly subdued by the
. conuuander of Her Majesty's forces, but not without a formidable resistance, in which the
irallantry of the tnxips and of the loyal volunteers of Lower Canada has been conspicuous,
iiiid in which the rebels have sustained great loss of life and property.
.It is esselitial to the safety and pms|H'rity of Upper Canada, that the supremacy of
(ireat Britain should be firmly maintained in the adjoining colony ; and the common tie of
allegiance to the Crown, as well as sympathy with those of British origin whom the French
|H)piilation have attempted to oppress and treat as aliens, hftve naturally enlisted the (iu'lings
of the people of this province strongly in favour of the Royal cause. Our zealous militia
were, in conse<|uence) forward in tlieir oHisrs to serve in aid of Her Majesty's forces in
Lower Canada, but happily their services have not l)een necessary to any considerable e.xtcnt.
It is a peculiar disadvantage under which these two colonies labour, that from the month
of Nmember to May, they can receive no reinforcements direct from England. The
instigators of the rel>ellion in Lower Canada therefore chose the autumn for commencing
their operations, evidently, and indeed avowedly, with & view to this circumstance. Their
* colleagues in the tmitoroiis nttempt to wrest these provinces from the dominion of their
Sovereign, thought it advisable to prepare for rebellion in Ujkjicr Canada at the same season.
But it is most cheering to find that instead of a stmggle, protracted with difiiculty until the
o|KMiing of the St. Lawrence could bring fleets and armies to our aid, the Royal authority
was siM-edily and hilly estiiblished, and all traitors and abettors of tri'asoii brought under
subjection to the Ij^ws in both provinces, so that with but a slender military force in the one
country, and with the militia only in the other, there was not an individual in'arms against
the (ioveriim(>nt, and not a portion of either province i>i which legal process could nut be
(vecutcd by the ordinary liu-ans.
Still it is unhappily not-.in the fiower of the people of either of the Canadas to^vongratulate
themselves upon the return to perti-ct |H-iU'e and tranquillity, and this from a cause most
unexpected and extraordinary, and which opens new eonsideratioiis of such moment to our
future security and welfafe that they cannot be- too earnestly dwelt u|x)ii.
Scarcely had th<? rebellion began in Lower Canada, when it was painfully evident that
among the citizens of the adjacent State of Vermont, a strong disposition was felt to
eucounige and promoU' it. If we look for motives to this unfriendly conduct, we can find
, none that arc entitled to the res|H'ct pr indulgence of mankind. Living upon the borders of
» (!)aiiada, these foreigners ctmld not be ignorant that her inhabitants were not oi)presse<l, but
'I had in fact lM?en tieatttd, not merely with scrupulous justice, but with an injudicious indul-
gence beyond tin; bo^uls of right, an indulgence which had in truth encouraged the
insolence of their fiictious loaders, and had Ix'gotteu a ft?eliiig of cont»'mpt for the authority
of a (iovcrnment which had Kufleretl itself to lie driven into such unwise concessions.
No reproach lies against the Govemnii'nt of the United States, nor against that intelligent
and res|H-ctable [Mirtioii of society, which in well-orden^d communities usually intliiences
public oiiiduet imd feeling in matters of grave importance to the State.
The Fedenil (lovernineiit, and the Governor of the State of Vermont, both earnesti
t
rrmonffirSfed with itieir ppopir nRninirt any intCTrfrrcfee^ The nffiurs ijf ^ cotintry Wf
which they were at jn-ace ; and there were not wanting men of sens<''and virtue who early
and sensibly exposed the iniustice and gniss impropriety of stimulating rebellion in a
Briti-^h colony, But it was their mortification to find that the turbulent propensities of too
many
AFFAIRS OF LOWER CANADA, &c.
129
many of tlieir couiitrvmcn were n.if „„A„J tt. '
ofthcMrl..„ple,a<.k.Llc.i:uS :S
obligafonpltnmties, were .Mvi>,,. ,„ „Z' „ J.. " "'""*'"/' >""J-di'resar<li„fr ,1,,.
Lower Cnimda. - ^ ^ "" "P*" '""' """'«= support to tlie eause of rebellion in
UPPER
CANADA.
N^jy.
^'irF. 11 I lend IP
^X^:£^'i:^j::T^X^TJZ^^^ " "--'« it Hyste.„atica,.y. Ur^-<^:!i
oocurrencos not „.erelv ,m,r.,.. I'l'^I!".!!." •_".'". ""^Wy '^""'est, statemepts of report«i •« March 1838,
est reseniblunce «.. fn.tl. . .r...i ...
occurrences '^ot^>^i;^ZZSt::-Sl^:t^r'''\ ^^'--^"^'^^^ ^^M^^lk
sooner lm« time exixised one series o(L?ril. ^''n''t<-'s' regcniblanee to truth ; ,u.d no
without Horupleb,.en\..ued;L:;lI"''"Sn%^ '"'"""y ™°-'-"« ''"" ^"''- ^'^'^ ^o. ,,,.
which they are at ,H:ace, and enjoym.r aT. unrestrieteV.W I ''""'^ J""™"y "<■ " country ,vith
atU.D>ptc.l to nn,H,se upon ti.e pibi '^t^ XTb^acl ml I"! 11 "Z?"''"'"'"' '^"'" l^'"™'* '""»
jTefeats, and cruelties, Si eontlived ,0 Z r tL ''ew" o( ul^T'^i' 'nvented, of V.ctones, .
leaders, until „t l,.<.t .1... .....u t •*■"■■ "il Mews ot the rebels and their- worthleBs
leader, until, at last ti;tr;;;;''K,^rr„£ tX I '''^ '^T "l!*^ ^"-'-M-.-.^
m wh,ch they ha.l .jeelared that l.un.lrj^k of the Suee 's t ' ^"1 f ''"' *""'' "'» ^•°"'«'*t
and related s.u-cesses gained by tl e 7n^ulents U l^T "l*" ^"^ '''"'''1 »'"' "'k^'".
in arms afiiunst the (Jovenlment are tteHv^tr. ' 1 '"*"'';'«"'«l tl.at those who hud been
that;he French rP"'"*-" " I' oJleSg t^rd^lu^ "■■ '" "'-"^y
submUtrnKtotheUs, and that the w^^|?|,l„'urr,T . "'^1 ''^ "P their arms and
• loyal n.hal„tants of Lower Canada in ^pprrssiuL^ tl U ro "^ " ^^fV ^"''"^ »"'' the
newspapen. have g,ven such startling LouTZt not' '^^^ " '''■ """ ^'"'»°"*
For some years past wliile tl„. ;„. '"^•^"'" "*. '"'e« not exceed a dozen men k lied
threatcnng^en -i::.;: "';.'' 3™^ j"^^^^^^^ "^^""1 '." ^ower cld^ were
fo|lou..n< the io,x. of assistance from IheUnTt^d States TV *"'' ''"''." *." ''"''' ""' '" tl"^ir
Bntish ,K.rtion of the ,x,pulation, t win, s" 'h a ho^ if T T Ti ''"'« /''S^fd^J ''V the
i . scemejl as insane as a'ny other partTtheirnlwt'^TK ^l^ ""^ '^"'*'°" •"'' ''"t'^rtain
the people of l^,wer Canai to iL hr ,^|^ „ a hS v f„v ""'''"^?''' "/ Vermont knew
, penn.tte,i to enjoy their ancient system of Tvs feh^he m^'"',''"' "^"' "'"y '""' '^•■»
jury; that their religion is not me?e v'to Z.' J . K '«l'''t""'»" Protection of trial by
established in all its rthts bvleLh^X^^^^^ .'' ".'*"'".'* •^^"^^"'' ''"t "* express^
than the peonle of an.^f tS fiTLt^f^^^.^lllf ^^"U^^^ "" I '"7 "^''"'y '"-"^
the world. Indeed to e>ei-v intelliirent n u^. "^ P?"'aP« ""y other civihzed community in
Canadians in relH-lluig agai 7st the n uCt .?l '■""f"','"'/' ""^ "-'"'asonableness of th"
must have been .."..e^sUiLlLtSiteuSy ■"""''' ''"^''"""'■"' "*" ^^^^ B^tain!
.ion ;SJ V^l t ^"'t :1'' """ ♦^'■y I'"- •'-'1- t''"t the whole popnla-
«ere(';itha^eryfe^^' cepSf^^^^^^^^^^^^^ '-"' "' the UmfdS ,
.hat the threatened .list.rrb;,; s " ,, "e Sr<ii-hld"''''u' "''•'"'■■, ''"^"""'''"*' "■"'
aational ..p.hy to the Bntish name, m :^^7±^,AZ;::::'^\::Z:
anSi::Cd';:miC;;:;;:::r>„rr:^™:mS •;::;^i;!«r ;;:"™' "t^ -'""-'- »^'
s „1 Vermont would really b,. found^j*^ u. v o L H^ I /'"'. ''^"^''t'^l population
natural justice, and to addji^^^^rL of the human''™ "'1 '"'"'' "' '""'•"'"' '"^ -""l
Huful as it was hopek^iP^^ "' "** '""^"'" ™<^e, by urging on a n-bellion us
ve™2;;,;:ir^;:.;,''';^i.t,r''T "'■^■■- «"-'*.'>-"t, meetings we,, held, and were
from British .ymnny ij" „ ^a^ mtiPZ"^"' *"%^""'^ *'!'= inhabitants 'of C„al
wbellinn- ,„J\7"'" ",'""' """."'"munition nave been furnishe
WDellion, and it seemed atone t me that the sniri» of vnl..J r "" """' '" "'W
•« likely to b."con,e .v..,....^"! . . '.IP'"'."' ^"'"nteermg for a campaign in Lower
ed u timely check from the
Canadi was lii- iC. . """' '""* 'he "pirit of volunteeri
Xi c.;:d '^, ".'^^r TZl P"P"'»'l,-''- *' — •! " timely check from th^
n.urau,lersofthr.=.tilJ" •; Ll;?aW t!^^n^^ '"'"'i'""!. ""'' '"''""' « "^4 "f
brought from the State of Veni'Z ' ^ - """ "'"' "*''" """« «''«■'' tl>ey1ia.l
JI:rurSn:;i.£r^t:;5^-<^^^ but st.„gthened thep.fVr.nce
^coumge the ijK-lination nor leave iC the lwe7sr. '. "'« "utions, which neither
b«urh,KHl ; and they have had the furtCr 'hLT Tf '"""'"t* t'"^' '"WS of good neigh.
«n ,ny fiitu^oc.e Jon will b^ £s ZZM:l:^ZSr ZZ^^ "' " ''"T' "'"'^•"
The inanifesfafions of th« same hostile fpelin.lT K? *^ " °"y """-"Pected.
the fr,.,tiers of Ui.wr Caimdl ,h^ I ''^'^'",'S'','"'*'^ l*^" "'"re general an.f decisive alon.-
lengths indmLvllZi^^J'i'^^^^^^^ "' *" T'"'" '"'™'"' '•""«^q"ences. To S
MitSasumchtrutrasli^ce -no, t,l. '^'^"■'r""' '''*"'•«"'«•'' tiat it has been stated
.ha. so outrageous rvioE.f'Dullri..hr''l "'^P^';*"'''*^ joui-nals of the United Sta^ '
"century, ien with the eLltt^"^',';!:'?' ^"'^ *'"«'>"""' by civilized nations fi,
, Ca«ada,wedidnotharbou trsu icioiTt .1^^^^^^^ T".'*^' ""/'"^ border* of Lower
we» destined to wiiness^a disninv T ». T j^'' J'""""*''' "'^ "'"• "*" province we
«..l.ness to involve a 1^^, . ff Ld 11^^.:^"''"'^^ '^"'"'.8' "'"I ''"^ ««™e remo,.el s
more than 2» years thrinlmi .„. . "' ""•'"'bng country in the calamities of war For
peace,andf„eSpttuS"^^^
&:;^Lr£rg;;€sr^^^
n«inT^ " I ■»"BUBge, we had lived in the daily ii
we I.H.kere^ifY.w^tf^lP!!:*!!^:^,;*'"^ peopTe for tfidr e.iten^
"g oftjpur tfiiarH.
r^"i.r"o.; we ^.^'^^it;:;^i;;-a;;pe=^^^
we lie^eved that the growth of the' rhri„ii^^ J./- ■ ' T ."" "■^"'""'"g nuinuers;
practice, was pMucinir amomr 1,1^ ;.. J'^'""' ""* merely in profession, but In
essei.tiHlly pacfftc ^ «niong them its genuine ftuits, and that tiey ,iem sincei-ely and
»S7. . - " ■
■ \*
-M*--
(fVPVR
CANADA.
No. .'(). - ,
Mr F. n. Heail to
Lord Glt'ncl;;,
iz March 1838.
End. 3, ill No. 29,
130
CORRKi^PONDENCE KELATIVE TO THE
• V
* Appendix (C.)
• A|.|)cni]lx (D.)
' .Vp:cnili\ (E.)
* Apiitiiilix, (F.)
* ■ t ■ '
It can siiirccly tif loucoivrcl witli uliiit astuinshmi-nt the ixiopli- of TpiHT Caimila foiinif,
tliiil alUr thf ((•('bit' ii(t>'iii|it of 11 tew iiitiituutcd ptTKoiis tii <li«tml) llic |>cac(' ol'tlu.' iDiuilry
had iK'fii iustantly put ilnwii hy^ i\ Hiinultajicoiis i-rtiirt iit'-tllcir indiiiiiant ti'llciw-HiihjocN,
wlioii iiiit n vt'stigc (>r iu^idiiiriliiiatiou ri'iimiiu'd, and wlit'ii tim iiiilijia-iiicu who had hccii
called from tliPir f'aindieM wtrc rrtununK ii\ 8upp««ed security to their lioim'n, they wore alxiul
to Im' foreed into a war to iirevent their pro]M!rty I'rom beiuj;; pliuulered, and tlieir lil>erties
sulidued l)y the eitizj-ns i)f the United States. - '
It eiiidd nut have Im'cu iiiia<;iiied tlftit any ronsideralile nnnilHT cHuldhe found nnion;4 our
neii^hlinup' >idlintr to nuike eonnnon eause witli a fu<;itive felon, wluwe s^enenU lii«l eJiaractcr
must have Ix'en [HTteetly nidi known to them, and who.had the HhanieleNH etliontery to hold
out as a retVard thi' plunder of his (e|low-sul)jectn and the lands of his Soveix'^ji, to whom
he h:ul solemnly sworn al1et;ian<-e.
With refiard to the Vi;rea»>l)ody of the ]x'oplo of the United States, it is inipossihl*' we can
doubt that all who revere truth, and aeknowledjje the pli(inest ol)fif;ations ot morality, nnist
look with ahhorrenee at the wroiij^s whieh their eomilrymen hav<' been committinf;; and if
the luniilHr of these is not sullieient to iin|xjse1)y their iidiuenee any restraint ii[xm the
lavvless part of the community, it is no slis;ht n^:ij;ravution of the ijijuries we eoniplain of, that,
tliey are connnitted under the pretd-xt of Ijftferiie^ (uir condition, by liirdnV uixm us a foriir
of constitution of which such are the calunilto^^ residts.
It would I* useU'ss llu' your ('ommittee to" recapitulate facts so p;enerallv known in this
province, and of so universal an intt'rest that they have (K'<iipi<>d |)ublic attention for the last
two luoiltho, almost to the exclusioiPof every other nuitter. The preiMinitions o|H"nly made
in the f<tatt" of N'ew York for invadini; this proviiu'e, and lon"^ m^esisted by the rpublio
authorities, the recruitint; of a lars^' Ixxly of Anurican citizens, under an American lead«r,
avowedly for this pinitical service, the collection of amis and artillery taken from the public
arsenals, and at len;;th flic invasion and occupation of a part of our country on the Nia<;am
frontur, are distinctly stated in the letters* of his Kxcellency the l.ieutenant-goveriior to
' }Ier Majesty's minister at Wushinjfton, a copy of which we annex to this rcjxrt. After the
last of thes«' communications was made, this piratical ft)rce re|X'atedly firi'd with their
artillery uixui the militia quartered nc»r Chipix'wa, Ijy \idiieh two or three militia-men have
been killed ; and until within a few days, it has been necessury to keej) up a li»r};e force upon
the frontier ,to |)revent a landin<T at Chipp<.'wu, or at any othei* |x)int alon;; the river.» The
more active iuterptniition of the Anu'rican tiovernnient, since the arrival (jf Major-general
Scott on the frontier, made it dithcult for this anne<l band to continue' Jon-jer emlxxlied,
and they have evacuated >'avy Island, whether with the design of asseifibling again, and '
attempting an invasion at any other |x)int, is yet uncertain. '
On our western frontier movements of a still mort; threatening character have been made,
and perhuns a grosser insult, or more flagrant wrong, wax nev<'r committed liy one jx-ople
Mp(«i jiiiotlier, than that of which the town of Ainherstl)nrgh, in the western district of tlii<i
, province, was lately the somij". With artillery mwl arms, obtained also in this instance from
the ai-senals of the Stale (by plunder, as it is said), hundreds of American citizens, com-
mande<l and uHicered by Americans, tmprovoked by a single ottitnsive act, deliberately took
up a |x)sition in our territory, and from an armed soh(K)ner in our waters, fin'd with round
shot and caiinisler uixui the town of Araherstburgh.
What was hofk-d for fr(»m this exiiedition will be seen in the priivted |)nx-lamiiti<>ns|||f the
leadef of this invasion*^'; and it n-flects infinil4' rn'dit upon , the 'spirit and loyalty of the
inhabitants of that districtifitfiat they asHembled with sucii arms as they were casually pro-
Viried with, and, without i^rtrilfry or the aid of a regular wddier, gave to "these public robtiers
so timely a cheek, as we trust has opened their eyes to the danger of their proceedings,
however regardless they may be of their criminality*.
Your Coihmittee have annexed to this report an editorial article, from a pa|)er published '
in Detroit, called the .Michigan Observer*, which is creditable to the feelings and moral
courage of the American citizen who has dared to tell the truth in the midst of this extra-
ordinary excitement. Besides the band there described as consisting of l,UUi),or 1,'iltO men,
it is known that at several points 'in the interior of the State of Michigan, forces have Ixn-n
(Collecting lor the purpose <d' invading Upper Canada; and nothing but the admirable, con-
duct of our militia, in assembling instantly at jwery point where an attack was threatenwl,
has kept this lu>stile feeling in subjection. If a considerable success had been gaine<l on
any point of our frontier, there is (jreat reason to believe that this alxmiinable spirit which
has agitated a |x)rtioii of the American ])eople, whether it be thirst for plunder, or a restlesn
desire to extenti the reign of licentiousness and onarchy over this continent, or a latent
hatred of the Hritish name, would have burst beyond any tmiihds which Ijfcir Government
had |>oWer to im|xisi>, and inuHt have bnnight on a public war. ' ^^
Uixm thS earnest remonstrances of Her Majesty's minister at Washington, the Government
• of the United Suites has at length taken the only measures likely to lie effectual for
<iuelling this piratical spirit, by sending to the frontier an experienced officer of high rank
in their army, witl^ orders to enfi)rce their laws. New and more adeqyiate powers .have ulso
1x«n given by Omgress ; and we trust that, for the present at least, peace will soon be
restored to our l>ord(;rs.
In l(X)king back u|H)n the pagt, what strikes your Committee as most remarkable is, that
m the iiivlst of profound iM-ace and apparent friendshi|), such a burst of hostile feeling should
ins tantaneously have shown itself, withou t an y cause that^ould in the slightust degree
-TTCTiwiit; tliatTn tllP USt place Wfi puidir Snithorities al BiilTalo, and in the adjoining
country, and afterwards the Goverrtment of the State of New York, should have appeared
• to tie so utterly ineHicient for restntiiiing their citizens from acts of undisguised hostility, and
for preveiitiiej; theiiown public artillery and urras from Ijcing used in making war upm the
British
JS
f-V
/
AFFAIRS OF LOWER CANADA, &c. ,.„
DritiHli (lommionH; timt tin- (iimninicnt of III.. Vn,i.„l <.,.. i .1
prx.,n,,tly „.to actio.. ,1,. ,„,„„, .„.; Zio, s 1 . ,t TZ^ "I'l ''""■ '""") """"
mi lK.....ur; ,i„d that fitl„.r tl... (i..v,r.., "t.t fth, s, . ,'v v"^: """■, ""/"""'' ^'"'''
of the Unit...l State*, co,.ld hav- aiw" tl. • ..s .|v h T- ! he! f ",T } '^' I"' ""■ ^^•'"•""■"■"t
fouf e|,ithet«„f assasKii.at,.... ,.,.,1 .....X ' ' « '^ * <•''' /''•'V ''"th l.avo .lo.,t?J, to apply th.-
wj ...je .i.,eh th.,,aws .;;':^,:":"aS';:^z!.:;;':s ^ i'w;:^';;::;;;:!;. ■'"V"^ ^'
honourable „,a„„er ... whiW. th.-y Lv^- p.uj,l :h';::5 "l.Ir "' """ "''^'""'' '""' "'"
su;*:: i:l:i^:':r^.it>'^"'-* o'«>™ ::^'^::^™r r^h^^^^^^^^
oui^^tSL'^'C;..!?: 'r ^^a^t'^" -^-"^^ ^'-" "- --'y «-—. call
If J'"' l"^f "t '••ond.t.on oCnHiiiA i.. Lower Canada ; a..d,
our«.lveH i.. their a,"i.nent^T. luen, t . ♦'^^""»^-«»''f ct« ... that colo,.y, to .ntt-rest
J- ^''-^''^^':^'^'^:;^T:^-::tti-^!^z=:,
A^mWv ^r^ I I '^^^''^^ Tav»«nt d.fhcultieg. The .natterwhich brought the
waMri;. . y •i"-^' """ "'" """*' '«'""•"' 'ollision with tl.,. Exe<utive G.wem nent
^.^ uo<ly the force o» law. .n plain contmvenUon of the terms of the Constitutional Act.
*4 A judge
UPPER
' ANAIM. ,
N". -',1.
SirF. a Head to
LprdGle.ielg,
n March .H38.
Kncl. 3, .11 Nwrirg,-
Apjicrulix {(;.)
.4 (',
'■ 3, <•. « .
UPPER
CANADA.
No. jti.
SirtMl.lleaJlo
I.oril Olcnelj;,
iJ March l8:|8.
F.nrl. ;>, in No. 50.
132
okRESPONDENCE RELATIVE TO THE
A jixlgi" I'l tl"' court of Kuiil's HciH'li wiis. clfiU'd to the AsHMiibly, a sttuution wliieli ]w
oujilit not ti) Imvc desired, iiiitl to \\ hu |i tin- jx'oplc, in the (•xcrciic of tlieir discri'tioii, Klioiild
not liavc ilioscn liiin. Ncvcrtlii'Icss, In- wtis not iriflii;ilil(', hut clcarlv tlic (;ontmTy, uiidii
the <'V|m'SK terms iif the (^onstitiitloJml Act, wliicli makes u|| persons clijjiblf, except tliost!
who Jabour under some one dC the disipiulilicutions \v1|ii-h- are set down in the statnle, or
vho mav lie dis(|uatitied tmder the provisions of any Ai+^Avhieli the (Colonial Lejfishitari'
C-f'S.,__
%
liouhl afterwards |)ass. Sir JaHlp;* <'raig took the pluin^ unih'niahle {jround, tliat the vote
if one hrancli of tlie Leijishitiire couUI not change the liy^lty ereatinfj; a new (hs<pialiHeii-
tion ; Und he was nnchiiihtedly rjjiht, in not snHerinjf"f1ie constitution to he borne down
either bv popnhir chiHiour, or by the encroachment of either House.
In expressini; his entin^ willi/ipiess to join in a lefjishitive eiiuctment tiir efl'ectin" the
desired ..object, he maintained the |)ro|M'r distinction iHJtweeti constitutional and arbitrary
power ; and if upon every inijKirtant <pu'stion, as it arose, ^he sanie eourse liud IkVii
resohitelv ])ersevered in by the"<Joveninient, not us u mutter of choice, but as a duty, respect
for the laws and constitution would huve exercised a salutary intluence upon t)ie .suiiul
system, and the bomlds of rij;hl and vvroiif; would have b<'en earlier understood, and niorc
tontentedly observed.
The contest which had Ik-cu occasioned bv the attempt of the Asspiiibly to curry thl^
|)oint, i;ave rise inevitably to some deirrei' of irritation, which found, us is nsual, in process
of time other fxrievances to inHame it. The succesHor to Sir James Cruij; (bund Uie colony
in a state not very trunqiiil, uij4^ he mude unlbrtunutely tlie (irst step in a false system (it
Colonial (iovernment, by an '<;.xtraNrdinury eflbrt at conciliation. He ap|)ointed to the ImmuIi
of justice some of the very |x>rsons Vhose political conduct liad Im-cii most obnoxious ui the
time of his predecessor; thus sliowing thut a path mi^ht Ite opened to the highest honours
by a violent and factious op|H)sition to the Crown. ^ >',
The war with the rnited Stati-s of America eniirossed the attention of the pUblic d«rini;
the nniaiiider of Sir (ieorf;e I'revost's udniinistrution ; and the civil uH'airs of' the colouv
were so subordinate- in interest to tlie military <>|H'rutions of tliat periixl, that he felt |)erhan<
no immeiHate ill conse(|uences of the dangerous example he hud set in (!^oloniul (iovemmciit.
From this time, however, there Ims liecn but little cessation of acrimonious t'ontest in tile
Assembly ; und indeed that attendant upon the representative form of (iovernment was
nothinu- more than was to be looked for under any circumstances. Freedom of jliscussioii
on |M)litical questions soon lesujs to wamith und vehemcnye; and when this natural tendency
is strenirthened by the, nutfifa^ which private intere.st or ambition, or worse impulses, will
readily supply, it should neitnTr surprise individuals, nor terrify the Government, when tliev
se(> "attempts made to push tliMmwerK and privileges of the fxipular body Ix'vond their due
limit, either to gratify resentjeid, or to answer some more deliberate evil purpo.se. A
Government ut once prudent and tirm would ex]«!ct these excesses ; and for the sake of the
peoi)li' would tiike care to prevent their endangering the existence of liberty, by contiiiiuo'
each branch of the legislature i-esolntely within certain well-defined limits.
So long indeed as the FLxecntive (ioveniinent was to u reasonable degree independent*, no
fatal etiect was likely t(i foUow from such agitations. In thte udniinistrution of Sir James
Craig, the first attempt was mu(h' by the Assembly to obtain thut unconstitutional control
over the Kxecutive (iovernment of the colony which slicmld bring every public interest umlef
absolute subjection to their body. L'p to that ix-rioil the salaries of the (iovernor-general,
of the judt'es, and of most of the indispt-nsable public othcers, hud always 'l)een <iefraye(l
from the British Treasury, under a I'arliaiiieiiturv grant. " .^^
The Crown diitiis derived under the Uritish statute, 14 Geo. 3, c. 8S, t(K^*iher witli
the casual and territorial revenue of the King, received within the tolonV, were by iiu
means sntlicient, at that time, to supply these chai-ges. But the revenue- raised under
provincial statutes was of such an amount as enabled the legislature, in the time of Sir James
Craig, to undertake the payment of that |)ortion of the cwil list which the British Parlia-
ment lia<l 11]) to that iM-nod provided for. Tliey pro|K)sed to do this, and although in iJlf
unimproved state of that colony, any revenue they could raise might liave l)een most liene-
ficiully employed in ojKiiiiiir and amcfldinsr roads, and in other works of an indisi)ensahlf
nature, it is not surprising fliat the British (iovernment should huve been at any time willing
to aviiil themselves of un oHer to defray from it the expenses of the civil government oi
Lower (Canada, rather than allow these to continue a charge upon the ovi'rburthened
revenues of the nation. '" " »
But then the most scrupulous care ought to have been taken not to surrender the officers
of the Crown imprudently into the hands of the Assembly, by leaving the provision for the
civil list u|)on that footing thut the whole, or any purt of it, could be withheld whenever the
Assembly mighty. chofise. Sir JuiirA Craig snw that the offer was not made in terms that
Hinild sec-lire the Kxecutive (iovernment anainst this degrading and dangerous de|>endencc,
'and he wisely d^>f lined it. But though the first offi-r was for this sound reason rejected, it
was not easy t(> impress dee|)ly enough upon the Goyeniment in England the necessity of
keeping this iin)>ortant ]>rinciple in view.
It was unhappily on a suhsec(uent occasion lost sight of. The Parliamentary vote for tlw
civil list was discontinued, and hi* Mujj-sty's ministers were content that the Executive
(iovernment aliould depend upon the pleasure of the Assembly for furnishing annually those
supplies which were necessary to its very existence. No security was exacted for the
continiii-<l sii|>i)ort of any one branch of the civil establishment : the chance that what the
Asaenddv uij ght d >) ilLiiuc year, tliCYitiJr uiiuthei HmisCy wuuldoiut fail to daip the next,_
was unfortunately relied ii])on, and t'Kis important colony was left in a state, which in the
democratic goveriiments of America is felt to be incompatible with freedom. The Governor
who was to eiifbrce the civil authority, anc^ the judges who were to administer the law, wen-
left
UPPEK
CANADA.
AFFAIRS OF LOWER CANAQ^c. ,33
'£:'^^'^^^::Z;[^^^^^^^ -J- -■^•.1 curta-I, or deny the.
nor 8at.B.actio„ in tL cc^ncf 7t .e arfa "^ f ul '" '"■"'""'■ """" '"'^ ^"^ """h" peace
of faction, (which i» the^ 8tMnHcLul«„^ of .^^^^^^^^^^^ the tymnny No. 2ij.
principle or innftution wh oh tl^^t- TO*er of th. r.""^'' ^^, "" '"''^"'"^ "''^""'X ^"' «"y »'' F- «■ Head ..,
honour of the Crown : thHh k-nemrenc,? nf fh *^ '''"'^- ^"""^ '"^"'"'''^ °' undermine. The Lord Clenelg.
were by this abandon nt of cSZLnLn" '"T ° •'""f"^'^' *'"' ?«'<=<' "<" *»•« «^»"nfry, ''^ *'''^='' 'S^S.
control of a few aSm h amHS^i Tl^^^^^^^^ ^ . "
followed can be t.Xl rthis Bource Th^^^^^^ "'"' "" ""« «"'« t^at have End.. 3. i« No; ag,
rebellion, ami hWc fo U nia t^n aili„I''„'^!'';r '"^'^"■""'""^ ti" they have produced
.nd it will be hawy if ihey^.tre^Z 3 tl>e empire the catemijy of a foreign war ;
nuBed in n.any tilKrof S^wWch cou"'^'"''."^ '^ ^^^^^^ """' '" P°'«^y ''"ve no
dangerously aUtetf. Jine.tmSltVatS o7 iSn^sh'nanr'^' '''''"' ""^^ '^'^"
.n^ii'zCaL7t:^^u^rth:£eirir:^
wore important, it ha., lid tol aruiercence on X J r.''''?.' ''"' *^'"" "'"fin'tely
violationVof the aonstitution and' aU^t ul P°l "V''" ««^emment m repeated
Assembly was not surrendered', the Govemln^TaT Mllrl^ t' T '''""' '^ *^«
the means of remunerating a Single pubhc LLnf for .l.i H T .^^^" T F"^ *'">°"'
the King's commission. Judges. JuncLreev.rv^ the duUes he had dischatged under
ihcludini even the Govenior hh^lf were durinrZ •'''P'*'^"'^' , °' ,*'"' '"" government, *
were compelled to serve gratU touslv TnH Tn^ H ^1^°^ absolutely unproviSed for, and "
mea^. w^ a lar^e balanK unS ;o;riJt^ "S^" ^Irfe V""'' '^""'l ^ """^
<n bearing even this deeradini: conseauenre mthl/tL ^ § . ^ provincial treasury.
of the constitution, the (S„ven.me„rchc^ "thTn-^ji ir""*"**" V^" '***"'*'''' P"^¥^^
degree crtiel that such a niinoTwelhtrouldhC'lL^ ''II*,." ""* -n the W
anl we believe that in no paTofTKiK wSld ^." f ""'t* *° *^" T" i"'Ji"duals ;
colonies, could such consequences have S mal V 'f ,7' P*''"*?" '" ." '^« «'''" B"'»»»
the will of a popular body.' ^^ '" follow a just and lawful ^sistance to
dislrerable"lftiVn"ci"th;: tK'" P?''"^'''' ''^ *'"'« unconstitutional and
they did, to allow the TsSv to exoll I Ck^'"'*- «°'f'™'"l"' *^''" '>»^« «"bmitted, as
ch Jnnan of the iH-nch 07^1^^ wh.n f ^7 S"""g ••« conscientious opinion as
respecting the commi'L of tT^^ce^TXL''.^'h^^^ T P,"!™"' '^^ «<^"-
a lasting disqualification to sit in the A«4mhlv -^^f. . u' '"'^ *''** '*''°" °"'>'' """^^
To declare by their resoluLon th^t a^^n^t.^ "•.«Pf'»'im after repeated elections ;-
Executive Council vaca^ his place in ti,Tr V"*^ \ *^'^ ^^^ '" "^ «"»' '" ^^e
.titutiopal Act no sudiiS^; ^ ^ co.^5%^w""'l tt'th:' A P'^k/'"* '>' "'^^°"-
their offarter by giving to theTown vote the forcHf aSw - '""'''^ ''"' ""'"""»
lo withhold at their arbitrary pleasure wri»« nf„il!^r'' r .
they had themselves created in^iCn" co^^es ui ^"i supplying vacancies which
several sessions ;_ amerent counties, keeping such counties unrepresented for
lea'S;ftEe;%uro1tfirof sup^^^^ "^-^-^ "billing of emolument, by
had o^nly. and.in tf.e?xerel''"oF&r rUt as fl~ *'"" """^ "'' •"""■". «"'"« ''"'^'^
pretensions of the Assenibly, upon public quesUonT-' ''P"^"* "P'""^"" '"'"'"^ »° ""-'
■ Jth^Tr^ al'n'rntTn ttsseTbinrh^ T" "" '"^^^ '^""^ ^ ""- ""--'-
whatever, andalthough every slfc^fthp^L ""T"!:" '*"* sanctioned by no law
by the statutes under wliH^hTt ZZZSl ^Ll?""' ""^'^^ «>« "PpLed in paying it was,
l^blative Council and A^'.l'i;: arntdTot/ t«L"'-!-" "^ '''^"'' '' "^^ '"=' "''^'^
4a„7aS^fedtleTytyTh;^se^S^thr?hir^^ 'T ^'""'- *» "^^^ '°
twobmnchrofthel^giLWenS'equal^Sh thT^A ''"^^^^ T' *" ^^^^ '^^ °*''«'
of that money— "'""ea equally with the Assembly to a voice in disposing
avowej intention o( putting an end to tVe^sion^nH? ° ^^^' "l*""** '^"' »''«
unable to proceed further in thrpubUc bus nL ih. ' ""'' ■""''"'« *5« °*''" '"^ branches
tives of the Crown. ^ ^' """ "su'P'ng one of the plainest preroga-
the'ctSWe'vi^'ttt^^^^^^ civil government had be^n placed, as
caprice of one bn.nihof^hrLeSXre,~7fi^^^^^ *" """'^ "^ ^''^ ">--
have <v.<.>».^ . .„Jiu. -11 -r.i.° ., ' *""* •>.' ""ese cases of gross injustice could never
Appendix (H.)
-ri^es'oSZSwTthXrSkt"^^^^^ has j„.t done iu/wo«t, that this
the Assembly which exto.WtremOnth-^-* »« the Fist, failed wholly to conciliate
387. ' *"• "" "■* <=<»'t™fy •» » Plwn that they only stimulated
"^ * them
B^»)S»!-»«M!>!*'<!
134
t'OKRESPONDENCE IlELAf IVE TO THE
llioni to iirsrc iiinri' unicnuoiiiihle daiiiH, in the miinc violent tone uliicli Imd Ixrii fo suc-
(•(••isfiil : tor tlicy weri' no longer rt'stniini><l liy n It'elmi; of reH|>("ct (or the other branches of
l^'iriHlnture, «h<we rit;hts they hn<l U^eii allowed «<i refK-atedly to treat with contempt.
th:
y I
It w (lilhenit indee<l to nnderstand what pnutieal irood could be expected to arise from
nicetini; Ml session the same House of Asseinbly, which Imd expunged the »])«ech of the
Knig's repnwntutive from their Journals.
npi'F.ii
UANwrn.
No. j(».
Sir K. U. Hi-ad to
Lorn (ilenelff,
I J March 1838. '
End. i~m~No. aq '*"' ''^''" '"'"""' ''"'' "PI>»'"''"<I «"'«' ground of iiope, that the Assembly coidd l)e won
' ' upon bv these re|)eated sacriticcs of pruiciple, still the (Jovernnient should not have (elt
themselves at liberty to make them. The Ixjnefit they were set^king in return was temporary;
the inroads p'rmitted to 1m' made ujion the constitution were likely to iirove injurious (or
ever; and besides, ther(> was a 4K>rtion of the |)eople which viewed such pniceedings with
alann, and remonstrate<l earnestly against them ; and liowever small their numl)«r in com-
parison witli those whivsupiHirted the Assembly, they were entitled to the utmost protection
of their fiovenmient, liecjuse they had right and reason on their side.
Hut the apparent inH<-nsibility to the danger of placing the civil list within the annual
control of the Assembly, was attended with n consequence far more injurious than any that
has iMH-n noticed. It re<luced the Hntish (iovemment to the necessity (in their opinion at
least), of violating, in the most important particular, the rooKtitution of thp colony. Even
so'early as the time of Ixitd Bathtirst, the Government of Lower Canada^Was in a state of
such emburmssment and confusion, from the total failure of the Assembty to provide for
the civil list, that Lord Dalhoiisie, then Governor-general, was directed to cause the
necessary paymenta to be made fron^ the provincial revenue, without the sanction of any
Act of the legislature. We do not say that this diix-ct violation of the law of the province
.was, or could he justified by any necessity. On the contrary it would have bc^n better, in
our opinion, even to have repealed the constitutional charter, by the unquestionable authority
of Parliament, than to »u(fer it to remain in full force, and at the same time to sanction its
direct infringement by an Act of the Executive Government.
But the fact that the dittiaulties luising from the want of a settled provision for the
ordinary expenses of the civil list, did lead the Government to adopt a measure so certain
to be injurious to their character, and to the future |)eace of the colony, and to preclude
all amicable intercourse between the Govt*niment and the Legislature, is of itself an unan-
swerable proof that it ought never to hav^been thought pwsible to leave the afiairs of the
colony upon such a footing.
There would hv little satisfaction in bringing under review the series of perplexing
dirticulties into which the Government of the colony was thrown between 1817 and 1828,
by this fniitful cause of disorder. Every year these tliOiculties increased, and the attempt
to surmount theili, and an honest desire to guard the constitution, and to protect against
violence and insult the servants of the Crown and the supporters of British institutions,
^ brought ii|)on a benevolent and high-minded nobleman (Lord Dalhousie), a torrent of vile
■nnd unjust abuse, and a series of contemptible insults and persecutions, against which he
was not sustained in a manner worthy of the great nation in whose service he was employed,
and of his owii high station and unblemished character.
■ In IBIS, when the contentions we have described were at their height, petitions to the
King, very numerously signed, were sent from Lower Canada, by agents who were employed
' to further the view* of the petitioners. These wtre statements o( grievances by opposing
parties — on the one hand, the French Canadians, adopting the language and complaints of
the Assembly, charged the Executive Government and the Legislative Council with many
, delinquencies: and on the other hand, the British and American (xipulation set forth evils,
which they alleged they had suffered fromthe national prejudices, and the perverse ^oduct
of the Assembly. , l^r
His Majesty's Government in England did neither deal with these petitions in the ordinary
manner, by deciding upon their prayer according to the judgment, and of course upon the
resfxinsibility, of the proper Minister of the Crown; nor was recourse had to the imdoubted
power of Parliament for settling any of the contested points by a legislative enactnurnt, but-
a middle course was taken, and one that, in its application to Canada at least, was per-
(fctly novel.
. A Select .Committee wa.s appointed in the "House of Commons, on the motion of the
Colonial Minister, for the comprehensive purpose of " inquiring int(» the Civil Government
of Canada, and reporting their observations thereupon to tlie House." Having heard the
« .'•tati'uieiits of such persons acquainted with these provinces, as happened at the time to 1)6
accessible, and as they chose to call before tliem, this Committee tAade a Report, in which*
tlicy discussed many of the points iu controversy, and expressed an opinion ujKjn them,
though not in all cases de(inite and conclusive : adding, by way of summing up, that " the
eiiibarrdssments and discontents which had long prevailed in the Canadas, were in a great
measure to be traced to the manner in which the system of laws, and the established con-
stitution had been administered." " .
■ It is not the intention of the Committee to enter into an examination of the opinioas
expresse<l, or of the advice olTered in this Report of the Select Committee of the House of
Commons, tliough such on examination might not be altogether unprofitable. The result
of this proceeding was, that without »ny public discussion of this Report, or of the auestions
anil iiiteri'sts which it involved, without even a motion for its adoption in the House of
Commons, and w ithout any investigation or exp ression of opinion by the House of Lords
— nn any of the mipwiSnt topics^itcmtJiBces, ItTiag Tieen avoweflly iSVftnced an^ relied uponr"
by successive Secretarie* of State, us a kind of settlement of Canadian politics, by which
his
itbi0 i im 'M' 'vitf ^ ~g
AFFAIRS OF LOWER CANADA, &c.
provinces, M> Cur iis tile power
I3:>
lit' the cxii'iitivo
UI'I'EH
CANADA.
*No.'j',,.
-Sir V. II. HiucI K.
I.orti Glintlg,
ii Muicli 1838.
hid Majesty 'h (jovermiicnt luul tliem
extenilecl, were to ]>e liereul'ter hoiiiid.
a„«°"L^'"r"^" " 7"""' "'""" " ^^"'"^ '""'""" "'■""• P^'-P''^ oC Canada tl.m Im always
appj ured to [»• a »iiif;ular iiiiiovutioii 111 tlie colonial hvhU-iu.
riic Minmten. of the Crow., an- r.sponH.ble to I'arlmiu.nt.ana to their .SovcreiLM. lor the.r
" of™l''wh""''^""7= . '^"'." "'"m f"""^"" """^^^ '" tlH- HUK-ment. and vindicaUoUH
«uhec Lnt ?hl!. ''";'"'»;'"'"-"- "• the Cauada.s are well aware, that be»ide8 then- End. ,,;.., No. ,.,
«ul.jeH.o,. to tl.H coustitutmiml power of the Executive Governmeut, thev an- l.able (ai.,1
they acknowledge it w.tl.out jealousy) to have their political condition'^ regulated nd
B.'i^'h '",»"y 7""" »'■•;' ""^""Pr-rt^ leK.«I.U.ve autho'^ity of the empire maVttnk
But they know al.so that the pa^sn.;; of an Act hy the Uri,ty. Pariiaineut nuplies an Ln
grave discussion o the qut.st,o„.s mvolv«l, in two numerous asMeiubhes, 'with al Ml e
eeZ TTr ^'■'''•^"V!"' J"''^^"'' "P^-"'-"'--' «"J various mforma ion wind are
certain to he found there. It niiphes also the sanction of the S)vereiKn
Here a third course- has U^en adopted, which has mven to the ueoule of th.se ,.ien
colomes neither the securuy of the rei,H.nsible Alinister!: of the Cm^^^^^^
-and justice of either House ol Parliament, but which enables the colonial department
d.8,M«.e of he .nost imjwrtant and .lelieate questmns of civil p.,hey,byprolessm| o cmloiu
«:n.pulous y to a standard laid down by a Select Committee of the ifouse of Con mo .
„f , '^, ; r'T"^"'"' *'"'i"'' '^''■"''*'''' "•'''"^«'^'^' <^«>'».".ttee are nau.ed by the im.ver-
o tliem, that it is no uncommon practice to place upon Comuuttees, out of mere com'- ^
plaisanee, or ,n order to f,Mve an appeorunce of m.partiality, ,x;.-son» Jf e.vtreme views n
respect to the ,.,.nts at issue; anj that it .s by no n.eans Im,K,ssible that sl.e o ,1 e i - ,
pentlemen who may upon this occasion have entered warn.ly into the complaints of the '
.Z^:i\nr ''""'■'•.<"r'"f«"'y '"T '"-"''" !'<''■-»■"' «''o«« rei.ouauend«tu.n'to tui. co .- ■
st^tuents or a seat in the rtluse ot Commons, was their declared hostility to princi.iU ,
w lich iiot Oiify the Kind's ^fi^lsters, but a nreat ...ajority of both ' Houses of Pa'than t
must teel themselves bound in d«ty to supiwrt. .
,1,2™.''" '\-T. '^';'!*''*'''''''' ♦'""''"."that t/.e inquiry to bi> instituted was wholly within the
aS Ihat 'm, """'V;' "•■' '" .""f ^""'"' '" '"^ ^"='"""^"*' ""'' ""^ 'l-i^ions to bf'
d.e, lllv "'"'."'il"'^'' "• ,'""^^.'-' ""• P>-'v.nees, whose K.vecutive Goveiiiment was so
dec dedly censured, the exa.mnatio« was alto^-ether ex ^rte, it beii.g wholly unknown in
UpiK^Caiiadathat such ,m rnqmry was mtemled ; that this i^'port Wed,' a.s it is sui
whiVh ^'tir 1 7 ""'"a "'wT" "?''^*r ^'" ""° P"'''"^ «li«cus«on even hi' the House to
which It was addr,.ssed. When these things are considered, it can seaix-ely be ex|K.cte..l
Ca, a,ra L" T'l ""'' T"' "'"•'l' ""fxl^^tion, b<: rcRai'ded by the pe<fple ol 'upner
Car ada as a sort of seco.id charter, by which their most in,p«rtiint interests ai^ to be'im-
phcitly fjovenicd. fhey can feel no assurunce that there are m.t in that re,«rt i.6re tl au
one principle assu.iied and opinions expressed, wh.ch, if fairly discussedriS.tXt . e ■
*n the ceiicurrence of either fiouse of Parliament; and is not probable that aiTy X, Wo» d
r'i"Sly consent to have his private interests bound by the opii^on of a majority of a Col
mittee of the House of tkjmmons, resulting from such an inquiry. ^
.n^TrT'T''*)^^" «"•"»'»' "»at it k not unreasonable tolook with distrust upon sud.
.mode of adjiistin- the most m,portant colonial interests, when it is consideied. that iltlioneh
h^s Majesty s W ary of State, professing to follow it implicitly as his guid ■, has p4"" t ■ '
Ae opppnents of the colonial doveminent the full benefit of^very relaxat^ion wliich 1
thll ,' t 1 f "^"""^y fof "-very suggested concession, but not as a security for " '.-
encle'^'^nt." ""' ^"""""'^ '"^ >— ^^d '" ^ S--rded against, ^^^JZ
For instance, the Committee recommends that the Governor, the Membei-s of tlie Execu-
tfi.^T'llT'"'.''-'"^^'''.'''"'"!'^'^ «='■"'*'* *" »'•« receiptor their established salares,
Satire " '^"'"'^ '* ^*°-^- '^"''''* ^ «urre.,de,«d to "lie
■llis Mujesty-s Govemnieiit has suiTendered, in Lower Canada, the whole of these duUes,
without securing any sahry whatever, either for the officers named, or for any other ofhcers
Shi W ^°.T .^ T'^^T?;'"/''"/''^ '■""""'' ""^ territorial revenues of tl,e Crown
mould not bestftrendered to tlie Legislature.
it "" '^'"J'^^'y'* ^"''emment seems eagerly desirous of making such a surrelBer, alUiUii.rh
1 must necessarily depnve the Queen's n^presentative in ti.e colony of the power of doin.^a
oth!™ if ^'' "\ *^*"'"''' "' °^ •charity, .n the name of his b^ove.*ign, or of meetin-s
whiT V ■"'" "/.r" ^u^""^ *"'"^''' ""y e^'traordinarv and unfoi^seen disbursemen
which the exigencies of the public service, and, under some circumstance-, the pubhc sa t
•nay require him to provide for. , (- ..^ o-.ci,
re.Iovin„ r",!!"* r"T''"l' *'"'* *'••' ^'"« «•«'"''' ■"^'"'n ^^e power in the colonies of
aU ,S •'^* ^""^ •"* °^'"'' °^ '" ""'«' *»'''»' "'"t f'e CoramiMioh should be to hold
uunng pleasure. "^ ■
haII**«I?"''*"""^"* ^"a ""*.'" *'*'* '"""^ '"'•^'"^ ^'^^^ report, but, on the contrary,
colonies r !f°"g;?"P°f't;°° to renderQie jud^es"ndepenjent of the Crown in both
colonies,^in Upper Canada have assented tS a measure for that purpose. ~ .
_ ^tRMa^yoor ConiHiittee hayestatH, it cannot but appear, that the succeiRvi Miiiisters
torthecolon.es .nprofessmg to take this report for their gui*de, have subsftutil for ther
owresponMbihty the apparent wwctwn of Parhament, but in reaUty nothing more than the
''' * opiuioiu
^
( ■
13C
UPPER
CANADA.
No. 2().
Sir I'. II, Head to
Lord Glenelff,
n March 1838.
End. 3. in No. 99.
CORRESPONDENCE RELATIVE TO THE
opinions of n ninjorily of a Solcrt Committw, iinconfirmrd by auy other outlionty, and not
Kul>J(-<te(| to tin- tuftt of uiiy public ixiiniinutioii or ilincuHBion ; iinil thoiw opinioim the n^Hult
of an uinuiry tondiicted without the kiiow|pd(?e of the Government whose con<luct was
ed, or of the p«'ople whose most important pubUc jntcresU were c-oncenied ; and
r, that the o^iinioiM of thiH Committee, while they are confidently relied upon m
extent any concea»ion which they reoomnund, are not allowed to
to the full
i
•'4 (;<.(>. 3, r. 63.
•A|i|.en(lix (I.)
implicated,
niortHivcr, 1 1
warrantiiifT
interpode an obstacle to any concessions from which they have thought it' prudent to withhold
their sanction.
^V'hatever may have be<'n exi>rcted Trom^ this report of the CommitUe of the House of
Commons, it had no jiennanent etiect in i%»toriiig trauqiiillity to Lower Canada, or in arresting
the violent measures of the French Oahadiaj^ lenders. They booh returned to their intempe-
rate abuse of the (jovemment, ami ift the midst of the outcry, Lord Dalhousic was removed.
A temporary calm followed, as is usual, the accession of the new Governor; but his
admiiiistrntion was wholly uiiiin|x>rtaii^ an regarded the settlement of any question that had
arisen between the (Jovemment and the Assembly. The only varietynKxIucetl by the change
was, that the outrageous abuse, of which the heod of' the Government had b5fore been the
principal obiect, was for a time distribOted among his noble predecessor, the Legislative
Council, and the King's Ministers. Things however l)egan to fevert to their former state,
so soon as it became evident that the resolution of Sir James Kempt, to take nothing amiss
from the Assembly, was not likely to lead the way to any decisive changes, and that his |X)licy
had no higher object than to save himself from the disaster of being thought an unpopular
Governor, and from the annojfence of th(<»e brutal attacks which' no firtn friend of tlic consti-
tution had the slightest prospect of escaping for any length of time. -'
The Assembly lenounced none of their pretensions, and all that the new Governor gained
by such concessions as were made, and by the sacrifice of feeling, which it must have cost
him to listen with complacency to the most ungenerous calumnies U|)on his predecessor,
mingled with compriments to himself, was the |mntofan annuol supply, so ilelective, and
accompanied with coixlitions so obje flbnable, that his Majesty's Ministers expressed their
regret that it had I»een accepU<l.
In the subsequent stages of their ccmtroversy with the Government, the Assembly soon
took the more pert luptory course of refusing absolutely to grant a shilling of supply for the
suppoi* of the civil government, until certain radical changes should be made in the
constitution.
Happily these desired concessions were so extensive that the British Parliament alone
could grunt them; and by making them nevertheless the condition on which alone they
would enable the Government to jiay its officers.^pnd to defray the charge of administering
justice, the Assembly compelled the adoption of some line of conduct for bringing the admis-
sibilitv of their pretensions to a final decision. Perhaps, also, it is not to bji regretted,
(hat the necessity for this <lecision has been further hastened by what appears to have been an
•act of singular improvitlence on the part of the f Jovemment in England.
Ij) to the year IH.ti, the Crown duties levied in Lower Canada under the British statute
14 Geo. a, c. HH, enabled the Government to pay a very consiilerable portion of the civil
list, and, at no distant periixl, they would probably have sufficed, in addition to the other
- crown revenue, to meet the whole charge. Those cluties had been imposed by Parliament
in 1774, as a substitute for other duties much more burthensome, which the Canadians at
the time of the conquest were bound to pay, under an edict of tbc King of France. Thit
appears upon the face of the British statute*, by which ako the proceeds of the
new duties are expressly directed to be applied, in the first place, towards defraying
the expenses attending the administration of justice, and the support'of the civil government
within the colony, under the direction of the Lords Commissioners of tSe Treasury* .
'I his revenue had lieen for a long series of years received and applied in conformity to the "
statute, without question or complaint; and even after the Legislature had been allowed to
assume the payment of those charges of the civil list, which the British Parliament had been
accustomed to provide for, they expressly made their grant in such terms as isbpwed their
intention to be to mak(i up the deficiency that might be required, after the application by
the Crown of the 4luties levied under the statute 14 Geo. 3, thereby repeatedly acquiescing
in the right of the Crown to make such application.
Nevertheless the Assembly did at length, among their grievances, complain that these
duties were wrongmliy withheld from their appropriation.
The British Parlkment had 'by their Act 18 Geo. ;j, c. I2, passed during the contest
m America, declared that " they would not after the passing of that Act impose any duty
payable in the colonies, except such as might be expedient for the regulation of commerce,
and that the proceeds of any duties whiefi might be imposed for that purpose should be
subject to the appropriation of the colonial Legislature."
The Assembly contended that as tliis was a rpnunciation of the right to tax, it amounted
there to a virtual repeal of the prt-vious statute of 14 Geo. 3.
But on the other hand, it was to be considered that, as tlie 18 Geo. 3. was nothing more
than a declaration of Parliament, that they wotdd thereafter impose no duty, &c., it could not
have the legal etTcct of abolishing a duty wfiich had been imposed })efore ; and moi«e8peciallyt
when that duty vrvm but a substitute for heavier duties which were in force in the colony when it
w as conquered , (among which was one of three per cent, ad vnlorrm on all dry goods imported
orexiMirted,) and upon the legality of which the Canadians could raise no dimute ; that the
Crown officers in hnglnnd had given an express opinion that the statiiic 14 fJeo. 3. was not
atfectwJ by Ttr Gi . . that utlkl - Bri tish guttatf anterior to 14 Geo. 3, impoBhg^itieg in""
this and in other colonies, stood upon the same footing, and were not complained of ; that
the-
AFFAIRS OF LOWER CANADA, &c.
iplain that these
ax, it amounted
the procrc(l« of iheiip iltii',,,., ..,„ ' ■• .
AJrnU. w,.« kn;:::S'::cr h.5 : r ? "- P-y p-,t char«.H of the colony a« the
n.i^lai.J Hancuoned; „,„| further ,K he iL.rrrr.''"'' .^^ "'"" ^etR ^-peatecS'i^coJ-
"SIT'" "■"" ' "■" """™ "*■■■ *.rif sf^iL^t-S;
of the ^ue™l"n?hutle^la"Z"H "f ^""'l"""" "P"" Canadian aflkir,, in is-.h .^.l „
"! .J ih.i ,h,„,„ ih.SwSii.S;'! ",V» '""r-i °f >i» ".loi. JlLS
""lie the 14 Geo a^^iwmainiul >
Sr.^"!"'"''^"^'' ?■*»'»*« tTSS^StS to tL^"**^^ of State di,«.ted the I
VPper Canada the opportunity was first B«^»i»^ „f^ 1' "•"** '^"^'^^ "'h" oflScers. In
^»«.on ended in k IVl being^p^ estab££ f ^^""'lenng this p,t.position, and the
m amount of that Bugf^ested V^S^cS v of^sL?!™'!;"'* f'^" ""'' ^' very' far shor? I
''•tfof Je compen^fon which Ld b^n^^ il retr'n for th"e n'' ^"'."^ ''"'•^^°'? *•>»" '
iJ^l^!' r? "-ePieJ Wever. .nd while J "ln.f::*'^P~r"* «""*»"-
UPPER
C ANAPA.
No. jy.
Sir F. B. Hrad to
X.ord (ilenclg,
II March 1H38.
End. 3, in No. 99.
wZ£ !! •"^'"«^-i^"'^'«o"ror^xr F^^^^^^^^^ sutie; Vvie;i";„Tertire
«oud„,^ ""y' '^'"^'' *°"W l» utterly d^tn^^leTut"* *"'"""*' "'■''^Fndence
"ould prove nnnoua to the peace of the coUv Th. "* «=''«"<:«" """d efficiency, an*
explanation 'the., 1 IT. °n* '"'f"'^'"* *" """^'der the
Ills M '"""'US 10 ine
whidi
• Alipcndix,(J.)
-~^^
;^
138
J
LTPER
TANADA.
No. 29.
Sir I'. U. Head to
LurdGlenelg,
12 March 1838.
F.ncl. 3, in No. 2g.
'Appendix (K.)
CORRESPONDENCE RELATIVE TO THE
t-
which sliowcd his jRrfect sense of the imprudence of tlie measure, ^ his patriotic desire to
prevent the coming evil. ,,.,.. 1 .1 u 11
Whatever may liave been the intcntiian or understandmg of Lord (TOdench, the bill was ni
reahty so Iranieii, that it was a plain surrender to the colonial Lesjislatures of the monies
raised under the statute 14 Geo. 3, without ([ualification or n-serve. It was looked upon
in no other light here ot in Lower Canada ; and when it became necessary for the British
Government, us it soon did, to consider what was really the effeot of their measure, it was
found capable of no such construction as had been intimated, while it was under discussion
in the House of Lords*. ~ ...... ^ ,
The British Government JiaVlng gone so for beyond the recommendation ol the l^anada
Committee, as to surrender without equivalent the revenue which would have supported tlic
"most necessary ofKces, and rendered the administratioii of justice independent, it rinnamed
tii be seen what would be the cHoct u])on the Assembly of this romantic confidence in their
liberality a}«l sense of justice. The result, it need not be said, has disappointed the expec-
tations of no one on this side of the Atlantic. ■
The Government huvinj; left itself without resource, has been left by the Assembly wholly
destitute, and alter four or live years of ufunitigated insult and violence, without a single
eratitul return, or resjiectful expression, the Government has at lencrth been compelled to
pay its judm-s and other officers their large arrears of salaries out of the hulitary chest of
Eii.rland, while a large amount of unappropriated monies is lying in the provincial treasury ;
anir when the remedy wliicli it is pro|>osed to adopt for this inconvemcnce and injustice is
considered, it will bo seen at once how strangely mconsidesate has been the policy of the
Government, in this very delicate and important matter. » , ■• ,
The measure proposed by Lord John Russell's resolutions' of 18il7, is to take from the
provincial treasury the money which the Assembly has declined to grant. The provincial
statutes by which this money was raised, reserve the right of ai)propriating it expressly to
the Legislature, and tlie taking it by any other authority is a direct violation of the law, and
a plain infrin>renient of the constitution. How much iK-tter would it have been to hjve
exerted the fii-miiess necessary to preserve .what by lawand ui'justice belonged to the
Clown than by tamely surrendering it to incur the nccessity-tif dishonouring the Crown,
and furnishing the Assembly, in the midst of their factiouj. violence, with a ground of com-
plaint, intiiiiulv more substantial than all the gnSvances they had been inventing lor years!
Fur from lieina improved in temper and demeanour h* the unlimited confidence tha* had
iK-en so incautiously placed in them, the Assembly befame more rudely violent than ever;
and instead of employing tliemselves in any thing usefulito the colony, they proceeded from
one iiitemiwrate act to unoUier, till at last tliey impoachdU the Governor-general, the Legisla-
tive Council, and the Kind's Ministers, in ninet#w(K)utrageous resolutions, such in matter
and manner, as it might have been supposed, feki have disdouraged any further attempts
to cure the evils of Lower Cunada by Cj>noi(nat«H| the Assembly. In one sense the course
taken hy the Assembly was honest, foifc/i these resolutions they plainly announced to the
, ' Kings Ministers, (hat they would do rlfthing that had been exixcted of them ; that what
they waAtcd was a republican govcriu«nt, which his Majesty might grant them if he
pleased, but which they were lesolvc^^/t a" events to have, and if necessary, by rebellion,
in .w'hich they doubted not thoy woultMie assisted by the United States.
After 'this declaration, it surely (mid not have been thought in England that there w»s
aiiV great mystery in the disorder which had deranged the state of the Goveniment 111 Lower
Canada ; and it was exix-cted, ttiat his Majesty's Ministers would have repaired their error,
by retracing at once their st^ps.with regard to the Crown revenue, niul rejiealmg the Ait
which had lieen improvidcptly iiassed. But it was thought expedient first to send out a
, commission of ijiquiry to L^t Canada, and to rcmove-Ae Governor-general, Lord Aylmer,
• -agitinst whoiii the Assembfy had raised a clamour, as violent and indecent as it was evidently
With resiiect to the commission, it was not obvious what particular advantage could be
exi)cJ«Kfrom it, unless it had for its object the supporting tlie cause of truth and reason,
-iJVprocuring the judgnicnt, after inquiry 011 the spot, of some one or more public characteis
oi' acknowledged talents, commanding station, sound political principles, and enlarged expe-
nence The weight which would have b<-en conceded to such opinions might have warranted
the expense and delay incurred by the inquiry. But the selection that was actually made
did not otfcr the hope of any such advantage. . ■ „ , .1, .
In the provinces of Canada, containing together a population nearly half as laree as that
of fH;otland, various constitutional questions had been agitated, which in Lower Canada at
least had arrayed a large portion of the people against their Government. If in any orill
of these questions the Gowmmcnt really had right on their side, it might be desirable that
un opinion to that effect should l)e given by some unbiassed judge of acknowledged compe-
tence ; but how couhl it strengthen the Government in siicjj a contest .' or how could it tend
to procure submission to any great public principle, to announce to the world that it had
received the sanction of any or all of these Royal Commissioners ? Their testimony, »*•«"'
till they had acquired a known reputation, could weigh little or nothing in the balance
against popular prejudice, while, on the other hand, tlic bare circumstance of their acting
under the King's commission, was sufficient to give to the opinions of either of them, when
they Iwre against the sound principles of the constitution, and supported the unreasonable
desires of a cliscot ltented iMople, a ^ery undue and injurious infl uence. . .j:,.,..i
' IT line or Hiore Coniiiiissii.hcrs, of known Mfjh cRnmcfprl&r sagjicity fimJ^wmmJ p«»W"
views, had come to Lower Canada, armed with powers given by Parliament, to reocire
u'ldcnce on oath in support or refutation of any alleged cause of complaint, and bouud to
is patriotic desire to
AFFAIRS OF LOWER CANADA, &c.
13D
give to the public officers who Imd boen «»«« i ' UPPER
conduct, some .ood n.ight have arisen rnTthe in '''''°"""»^ "''"'^"l? vindicating their CANADA.
M,eve that ,„ the resuft of the proceed Z o/^i '7""^- • "'" y°"' Committee Jo not *
found that wdl at all compensate fof the de"me L whi.h"/.""^'""''''' Tl a^Jyantage- will be No. -2,).
been compromise!, by tlie measures whicKThev arW " '""""Y "fthe Government has Sir F. B. hL to
reports do not affect t(> conceal their ho,«s and tL-.r n f ^1 "''"''''''• '^''«'' puWished Lord Glenelg,
thanaplam and i,„j^j,emlent dischaigrrtheiStv rr''*%'° ';'"r"' ^X other means >«Ma«^,838.
whose dislionourable vtaiit of fidelity to th«ir i! y* ""^ ""I'vdual members of a party -~
it asWme since, although they Ld nofso ony'"com' '«!!] T T'^'' ''"'» notonZt Ench ,, in N,.. .».
Let any one who will submit to ♦!.„ ^ "P'"'y,<^"'nmitted high treason.
««>h.tio„s pas.,ed J,y the Atllyo^LtTSZ'^''^P' --'»''"'"»'» ^he ninety-two
, »nd avowed author of these resolutions wSen frL ^h T *'"'=",*-°|:^«l" th"t the known
aad placed reekiiig, upo„ the bench of rhThM,est c»l Assembly by my Lord Gosford, .
mtice in he name of the King of Enl^d let ."^1 '" " 1"'''"^ ' '^'"^ *° administer '
poor, deluded wi^tcheS, who hav"e been S 2 taken in , "" '"'«*'"\^"'«' »»« of the niany
before this judge, to answer for the treason • whv ,h .T "^"'"'^ ^^^" Soveix-ign, brought
««t of evil^oe,« and for the p^ ^^ o'f hem ZtTwelT' ""l/^i *r^' ?'"f ^''^ »>>« P""-'-
ducted to make a ZZtt;'^^!!:^^^'^''^"''''''' "^"'^ -'""y -
Assemby some kind of «uppl/ /or the LScies of tL 3 r'^''"'^ *° &"^"-- ^o"- the
Assembly were for no half meiUures • nnFfi^^ u^ ?.''*'"' "^T"- But happily, the
Commissioners' instructions, that' some of the ^^^f'^ ^ *.^'«="'^<^"taI publication of he
to be sacrificed, they disdaii'ied all sTthini tSen? IT'^^f:^"^'^' constitution were nol
relief. It is well they did not- frVhl^K; -' ,"'J'* "°"''^ n"' g^nt even a temporary
y«r wonM have been'of Ihtle tlue o t? tlhf .mS'^'ffi '"' "TEP'^ '""^ ""= ^^"^ ' '
the Commissioners wmild have imatrined nnd LnK kV^^I ^^u""^' *"'' *'"^"" creditors, while
^tissr s:;i:t^^^^^^ .tSLr •"h'ei^^* *'>•' ^^^^ «~nt
P«.te calumniator, of the cSl^^^l' have ZlV^' ^""f^ °/ J"^*'<^ ''"■^ »-' 'ntem? ' "
«ome remedy for evils which hav^ »♦ !-.„ Hi i^uced to the necessity of providinn^
t^)\--l"'^y that, whi':^ clSaSr/tr'^^^'''- '!?''*^« ^^c -Syti
U)rd John Russell, in the last session we JfV '^'."'"♦■on^ offered to ParUament by
Lower Canada may mdme theZvemmenf to p'^^nT '^"T' '^^'^^"' occun-enees i^
character. vernment to propose something raor« decisive in its
of LirciS: can^:T:r;rtL'^rs<J„r;rf ''^r °"^ ~-' - the affairs
^r^. They provide but forThe piC^Zlnt^^l ?.' T ?"'"'*"« ''"t''k sati.facto,?
«^ptH.n; tor clearly, the GoveninieKs no rtrht ' ""^ t,' '" ^""'""«'■ ■»"«' «»ble t^
ftom the provincial trvasury monies nai.l n»„ . ^J' 1 """'^ '"'»" ^ S'^'P" to it, to take
*.p.rhaps not possible, to conceive TcLe'htCw wa^^fr """ " '^ '>''«"y •--
^ft:^7lS1^inL'-^^^^ the.rp.se„tsute.
rf confidence on the part of trBiJtlh G" ~' 'm^ '" "^«-'"« "^ "PP^^cnt ,^it
pciples and views. Tt cannot besup Led tlmt^ln". ''.T '?*'^'" *" S'^« «*^-t to sound
Crown to substitute a republican f.m„^f that it can be the desire of any Minister of the
■wvertheless those who Zve £ ob?^„ 1 S"'vernme„t for that which we now enjoy b„t
«»ch a change, have be^rsufctSu^lJ ^'iS^P^''^ '■^if'"""? '» »"^"g ^^^
^■?ret to ud,T that they have, in many ^,^^<1 extraordinary lengths uncHecked ; and we
«'e«. Not mei^ly l/ave the paSelX' .""f '""' "", '''Kht encouragement to p,r!
Perwns distinguishbd by their vioL^t^„!l • •^"""'^""nce of the Crown bein entcndejl tl,
'"cce,siveO„S^„,l;;y^^^^^^ to the colonial Oovemment!!. t
i«lge of the real state of the co^XI^"™ ™^^^^^ when they ha.l acqm,«l a kiiow-
»fco,,ce«„„„g,„,|,i,,,h3j no other effect^thrri.L^'.u"'* ''?'* '«»™ed the utter folly
^add to the power a.ul audacity of S„*^'^„\r,^'''''J ">« ""'hority of the C..,wn, anS
^ W and firmness in their r„^ h.v?£^l> tS^ m tr"'""'^ "»"" "'" "■"'* °'"
, ' CbrnmiMJoners
-t .
/ 140 CORRESPONDENCE RELATIVE TO THE
UPPER ^ ,. ,
CANADA. Commissioners was resorted to bjr the Government, there isTlardly any thmg they could
have desirefLwhioh it seemed beyond their power to have obtained as a concession.
No. 21). No one can read the Report of the Conunissioners without being convinced that tlie pro-
Sir F. B. Head to tection of British principles and feelings in Lower Canada, is mainly to be ascribed to the
Lord Glenelg, insane violence of Mr. Papineau, which made him an impracticable person for the Royal
n March 1838. Commissioners to treat with.
It is plain on the face of their Reports, that if the Commissiouers, by the extraoidinary
End. 3. to No. ag. direction which they gave to their civilities, and by the use they were wiUing to make of
the patronage of the Crown, could have succeeded in getting any kind of supply voted,
though but for a single year, they would have, imagined they had acliicved a decisive and
1 - valuable victory : when, m truth, nothing would have been gained that ought to have been
considered an equivalent for the sacrifice of a single principle, or the admission of an unjust
encroachment.
If the conduct of the inhabitants of the British North American colonies at the present
eventful crisis, shall dispel an allusion which seems to have prevailed in England, that popu-
■I lar doctrines and movements cannot be safely withstixxi on this continent, however repugnant
they may be to truth and reason, then we shall have gained something that may make our
enjoyment of rational liberty more secure in future, than we have felt it to be in times
past.
The party, in deference to which the Government has so long forborne to enforce its just
rights, have at length tried their woi-st, and have shown so great a disproportion between
their inclination and their ability to defy the Government of their Sovereign, as we trust
may embolden the Ministers of the Crown hereafter to afford their assistance to their fellow-
subjects in maintaining the royal authority.
As respects Lower Canada, circumstances are only so far changed by the rebellion that
the necessity for coercive measures has become moris apparent, and may be supposed to have
been increased by the feeling which a resort to arms has inevitably given rise to. In effect
that colony has been in a state of anarchy for two or thre^ years past ; and the question no
longer is whether decisive measures shall be taken, but what those measures are to be. The
safety of Upper Canada is directly concerned in the course that may be adopted, and your
Committee will therefore venture to express such opinions as they have formed, in respect to
the several remedies which they have heard suggested.
As the resolutions introduced by Lord John Russell, in the la8tj«««sion, make no provision
against future difficulties, it would be of little use to discuss them.
By repealing the British statute which surrendered the King's right to appropriate the
duties raised under the statute 14 Geo. 3, a revenue would revert to the Crown sufficient to
meet the most important items of the civil list, and the casual and territorial revenue wouM
afford a further resource, but fluctuating and uncertain in amount. The defi<;iency wouW
be but a light burthen on the provincial revenue, for the difficulty hitherto has never been
occasioned by the want of means, but by the determination of the Assembly to make their
control over" the ordinary expenditure of the Government the means of gratifying their
resentments, and of overthrowing the constitution of the province.
With an abundant provincial treasui-y it would be unreasdnable that the British nation
should again assume those charges for the Canadian Government which at an eariy neriod
were defrayed by Parliament ; but either that must be done, or means must be taken to
ensure the right application of so much of the provincial revenue as is necessary to main-
tain the Government.
If die present Assembly of Lower Canada were dissolved, and a new one chosen, (ke
Legislature might be again convened, and plainly told, that unless they would provide per-
manently for the ordinary civil list, the colony must be governed in another form ; and the
alternative should not be proposed to them as an idle thieat, but should be deliberately and
firmly submitted to their choice.
Your Committee do not hesitate to say that a representative fonn of constitution should
never have been conferred on any colony, until the administration of justice and the neces-
sary charges for the civil government, had tjeen so provided for as to secure them against the
caprice of either branch of the Legislature, or at least the passing an Act for that purpose
in the first session should have been the condition on which alone their charter should con-
tinue in force; and such an Act would be the best evidence a colony could give of iu
desii-e to guard the integrity of its institutions. The obscnation of what has passed in
Lower Canada within the last 2t) years can leave no doubt on this point.
The Assembly, under the guidance of two or three leaders, who have any thing in view
but the public good, become involved in an altercation with the Governor. Tlic only ground
for the quarrel probably is that he feels it to be his duty, for the sake of the colony, to
defen;l the constitution from popular encroachment.
In the hope of compelling him to yield, the Assembly refuses the supplies ; this refiml
occasions the greatest public inconvenience, and much distress to individuals. If it be
repeate<l the next year the evil becomes utmost intolerable. Of this the Government in
England are easily made sensible ; and looking unfortunately more to the effect than to the
cause, they recall their Governor, not because he has done any thing wrong, but siqiply
because he is in troubl«. ■ . .
His successor knows (hat the stumbling-block was the arinual supply, and tliat it i» ex-
pected of him that he will manage somehow to remove that difficulty.
TtM< Assembly he concludes cannoLbe driven, hut Jie flatters himself they may bejet
_fed ; And as the well-<lisposed members of that body requiiw no (lersuasion, and B»lf
ily be left to their sense of public duty, the effect is expected to be produced by extn-
ordinwy
AFFAIRS OF LOWER CANADA, &c.
141
, make no provision
e of the colony, to
UPPER
CANADA.
No. 2{j.
Sir F. B. Head to
Lord Gltnelg,
^denesB and .nj„«tice ar. the 'nA.S :l'T.:Z^^^:!;:tZZ^^^^^^ '''''''''''''
S^ow'-I^SwIb^S " "S 'n *•'•*'" ''T ^'''' tbat ciuly - March .iis.
iK^ of obtarAin^g Lme important concesbn from thelLrV'"*"''''* t^' 'l.'"' ' ^'«» *'>'^''
^^:. -'' '- ^'^ - - j^r?r:i=:t^rnr/Ld-it^a^^
porary mprieve by concLsbnf f h/ i. 1^ ti. for"""''' J"" "'^ ^'"T^ "* '^'"*' " »«"-
goveroment of other colonies he has ill !^^. i § P7'"= femce, and perhaps in the
hd highHninded soldie Ids Ijifta' hflH h'"'*"'^,*^' F"*"""' ""W^"*""
Bnjust,Tal8e, and perhaps '" lMWL"^'L«n]y he d up to pubhc odium as tyrannical,
rilous press, he is concluded t^SHtti ^'"^.^'''^t'' "> t^e Assembly, a.Kl 6y a scur-
B •!. """"*'•*"' "> any dangerous experiment.
^SZl ZJi^ '^T'^'^^'t'^'t''' •"» P«=**"'«' ♦»" inhabitants^of Upper
^^^^I^^^^.t'J^^..^:'.^'^}^^^^'^'^ fo' « H'Wative union r*^
•ituation of Lowpt rnn»H7;- w i. » r^ expressed lor a legislative umon : the
^^ niucn 10 say, that ttie Uws no longer afford to the British population there suifi-
" went
.-,2\,i
I »
Ll'PER
(ANAUA.
Xt). ii).
Sir I". B. Head to
Lord tHenelg,
J 2 Mnrel, J38.
End. ,■), in No
142
CORRESPONDENCE RELATIVE TO THE
2!)-
Appinilix (H.)
cieiit security for Uieir lives aiid profierties. Although a strong miUtary force must probably'
under any ci^cuumtances be maintained in Lower Canada for soqte time to come, yet that
ib not the k-source' tliut should be principally looked to for thft future tranquillity of tite
province; and i&^.werc oertaiii that peace and safety can be no 46theKwiBe assured to oiir
fcllow-Hubjects Mrej thaa by the^ desired legislaUve union, then' yow Committee woiild not
hesitate to savj ftat the people of Upper Canada should content to that measure, as they
should indeed to any other, tliat upon a deliberate consideratiou of the case may appear to
Pnrliaitient to be most expedient
In the session of last year tlie Jx^^islative Council concurred witli the Assembly in an
*Ai>iiciidi.\ (M.) address to his lute Majesty, deprecating an union of these provinces, a copy of which
address is subjoined*, and of the reply which his Majesty Wis graciously pleased to give
to the same; in wliich reply the assurance is conveyed, " that the project of an unioo
betwccii the two provinces had not been contemplated by his Majesty, as fit to be
recuinmended for the saction of Parhament*."
If the recent events in Lower Canada, which cannot be too much deplored, seem to
present some arguments in favour of a legislative union, they appear to yQur Committee to
suggest others of li contrary tendency, which it would not "be sate to treat lightly,
The advantages which most readily occur are, thfit the union could scarcely fail to be
favourable to the commercial interests of this province, and that it would ipcrease our
-, revenue, and enable us to advance more rapidly in some pubhc improvements that are
' "0 highly desirable. All such' advantages however are dependent upoii the continued tnuK
quillity of the t» o provinces.^ In any scheme, which your Committee have seen proposed for
consideration, it is not explained upon what terms the union is to be carried into enect.
To have but one Legislature, witli two executive Governments, would be in some respects
inconvtj'nienf; and to have but one Government to rule so extensive a country, would not, at
we appYchend, be found satiiriactory or prudent.
Butvtiiere are considerations of much greater moment than these, which it would liot 6e
advantageous at present to make the subjects of public discission, but which incline ui
strongly to the conviction, that the social happiness of the people of Upper Canada, their
internal peace, and the continuance of tlieir connexion with Great Britain, are more secure
• under their present constitution, than they would be after the prop^ised union.
So far as we may be permitted to deiemiinc the questi^i, upon a view of the intehists of
Up|)er Caliada merely, our jnclination is against the change ; but if, without an union, the
British [><)puiation in LoweJlCanada cannot be secured in the enjoyment of British institu-
tiiins, then of course it muA follow, tliat tlie only question for consideration would be, the
terms of the measure, and the fittest time for proposing it.
Y(>ur Coniijiittee forbear to enter upon a parhcular discussion of these ppints, because
they cannot convince themselves that an union with Lower Canada alone would be safe or
desira^bje for the inhabitaiil« of fliis province. If a mature consideration of the present con
dition, and probable future state ot Lower Canada, should seem to cpmpel the Idiperial
Puiliaiiient to favour that project, tliere can be no doubt that ample opportunity will be
attiiriled to the [X'ople- of botii provinces for offering any suggestions.
Another nieusiiie has been proposed, namely, the extending the limits of this province, 90
as to include the island of Montreal, and certain parts of the adjacent territory. There can
be no doubt tliat this would be of incalculable advantage to Upper Canada, by giving her a
port accessible from the ocean, and thus enabling her to raise a revenue commensurate witli
ner wants. It would take from under the Goveniment of Lower Canada, that portion of the
jKipulation which has taken the lead in the late rebellious movement; and would place
them under the influenee of other laws and feelings, much to their own advantage, and to
the 'benefit of both these colonics. The country which would then form tlie province of
Lower Canada would neitlier Be so likely to place itnelf in an attitude hostile to the mother
countr)', nor would its hostility l)e so formidable : and under this arrangement, Quebec
might continue, us it ought, to lie the residence of the Governor-general. 'Phere are manjr
advantages in favour of this plan, which, in the opinion of your Committee, should recom-
mend it strongly to Uic notice of Her Majesty's Government.
There is yet another.suggestion, which deserves at least to be kept in' view,«n«i that is an
union of the British Nortli American colonies, including perhaps among them, Ne)vibundUnd>
and Prince Edward Island. QueLec mif^t be conveniently the head quarter^ of such a
confederacy ; the Legislature might meet~iB the summer ; each colony might retak) its own
Legislature, for purpos<>s pun^ly hK-al in their object, and all questions which could affect
their relation to Great Britain or to each other might be lettled in the united Legis-
lature. There are many benefits which might fairly be expected from such a change, and
they would be obtained without doing violence to any claims which the French Canadians
may be disposed to rest upon numbers alone.
The progress of these colonies, as late events have shown, dispose and enable them more
. and more tA manifest an interest in the aflairs of each other, and to combine in maintaining
^ their connexion with the empire, which all British subjects understand and feel to be indis-
[lensably necessary to their security and welfare.
Your Committee have merely alluded in general terms to these different schemes, without
entering upon details, for they feel aswred, that in a short time we shall receive some
announcement of the course which Her Majesty's Government have thought it expedient to
propose, upon tlie knowled ge w hich the y ha ve accyiitiffd of the prenpnt ennditjop of I^ww
Canada; and it will be more convenient to wait until this information reaches us. It il
impossible to avoid looking with Uie greatest anxiety upon the present posture of mffain ■■
that
'MRS .OF LQWEH CANADA, Ifec.
143
L'PPER
CANADA.
Tii^u"^' *"V" '^""'^ ""■■ '"'"'"^ '' "' ■""''■ '"'"'^'■'^ '" ">« '*«"" »« if '^ 'i-ed within
The steps which have been recently taken by. the Government of th,- Ilnif^l Sf».<.. i ' Zj.'''''-
. do thi, m the present mstTce .pay have proce^dXom defS int^^ws whi^rCoi'^"
had passed upon thu, subject, there .s every reason to suppose that thrdStv wT.!^
we'^."aV;:„?urra;t°j::f: 2 ■? ii^^Tn'irry'iratT " '^■^^"t '^^ "-'^ ■ ^
occasion, that,men of chamct^r throughmit the UnTt^ St^I i{ « " T" ""^ P"^**""
colony;, and should break out into acts of open resistai»ce
:?4^r.ifo7treL"rotroroK SSf ttumidTt^^' £ves herr;;ri.ii:'t •
^no- of the.r trade, ind the pr^SKesfri'cL^^^^^^^^^^^^^
aiford us a reasonable security against this danger '"ercia. ciiies, seems to
ntx;To-o:cSrw^tMhTrw '"d° r' w^V r" '^« ?-"-«' wZhTrir ^ -
wme temporary advrfhta.re mi.rh7hrve Wn li^^^^ T i "P°" 't* ?"'.'«'''* tx^c^on. that
very serious c'nseouenc^ We doXt S th?r£;o"at t, nll,''r 'T" '"''^^'^'^ .^^^
Men made upon our main shore. The lovrfl nnrl <roiion» .™-?i l ""'"'"K "^ [" "■""
haste to meet the invader, were but haff S ir.h " iT^ ^K^^" ""^ iw-embled ,n
'liST^er^Jerio^ chlo.«^ T" ""' *"*f"' '^"*^«' »'' ^"^ ''•ve given imriP
^•My a very senous character to (he contest, and might hive led, inevitably to . national
357.
'-x
4
f
*
I
u a
Your
.4-
tl
»!
144
CORRESPONDENCE RELATIVE TO THE
UPPER
CANADA
No. 2<).
Sir F. B. Htud to
Lord Glenelg,
13 March 1838.
End. 3, ill No. 21).
Your Committee tann6t avoid, on this occaition, referring to the fact, tlial the small
garrisons which Vor forty years had been ^unintained at Fort Niagara and at Amlicnithiirirh,
Rave within the last two or tliree years been withditiwrn rand a frontier of throe hundred
miles, bordering ujwn a foreign country, left for the first tin\e without the presence of a fritisli
soldier. We have reason to belieVe^that this step was by no means approved of by the expe-
rienced officer who coranranded thelijgees in this provi?»ce ; and independently of many other
considerations which made it unttdvis'able to abolish these mihtary stations, what has recently
occurred has proved most clearly, that if eccJnomy Jed to the arrangement, as a measure of
reduction, this attempt to efliect a saving has proved most unfortunate. The presence of 1
company of regular soldiers, with half u dozen artillery-inen, would most probably have
pB|vented those proc^dings among our neighbours, which are now rendering necessary aii
inlfflfense expenditurj^such we fear as will be found to go very far beyond any saying which
could have been ho|)ed (or from this unfortunate reduction.
We trust these posts will be immediately re-estabhshed, and tjiat the Government
of the mother country will take such steps in consequence of whdNias happened, and is
still going on, as will prove unequivocally a resolution to defend 'this portion of Her IVteiesty's
dominions against foreign enemies and domestic traitors, and to aid the people of^ upper
Canada in maintaining that connexion with the ^ntisji empire, to which thdy have shown
themselves so devotedly attached.
It seems astonishing, at t|ie first view, that a few hundredfs ofVrsons in this province, and
1 a few thousands in Lower Canada, without leaders of military skill or experience, and without
resources, should have embarked in an undertaking so utterly hopeless, as the attempt to
wrest these colonies from the dominion of Gr<Sit Britain.
The fortress of Quebec commands the passage to the qcean. It would defy tlie valour and
skill of an European enemy. How, then, were they to pull down the British standard, which
wave* over its citadel ? — how could they expect to encounter, with success, tlie fleets and
armies of England, which have proved an over-tnatch for the world ? They reckoned, as we
know, upon the people of the United States for 'assistance. But were the people of that
■' ' republic prepared again to commit their safety and prosperity to the chances of war, in a
second attempt to possess themselves of Caliada, and at a time when Great Britain had no
other employflient for her vast national strength than to guard with it the integrity of her
own dominions ?
Many of the people of these States, as we have found to our cost, were indeed rash enough
to engage in this adventure. They could really hope, it seems, that by such a war as a few
traitors in these colonies could carry on, aided by a portion of the people of the United States,
but without the countenance, and of course without the resources of their Government, a
dominion could be torn from under the sway of the British sceptre, which, when it was
acquired by the valour of Wolf, was hailed by the British nation as one of the noblest
conquests that had ever crowned their arms. .
All this, indeed, looks like insanity ; but it admits of a v^ry rational explanation ; and no
intelligent person in these provinces is at a loss to account for it. The solution is this ;—
Neither the rebels in these provinces, nor their American auxiliaries, thought it by any means
certain that the British Government would make the exertion necessary for retaining these
colonies. They persuaded themselves, on the contrary, that they would not ; and although
we are convincea that they have erred in their judgment, they have seen much to encourage
them to come to that conclusion. They have, for many years past, observed some of the
most influential journals in the mother country denouncing the impoUcy of retaining the
Canadas, and, upon a cold calculation of interest, recommending that they should be cast
adrift, and allowed to govern themselves, or turned over to the United States, upon the best
bargain that could be made for tlieni ; they have seen a British subject, the Member for the
Metropoliten county of England, exhorting the people of Canada to throw off" " the baneful
domination" of Great Britain, and holding up to them, for their imitation, the example of
Appendix (O.) the Revolted colonies in 1776)* they have seen those persons in the colonies, who were
manifestly co-operating with him in this treasonable design, countenanced, encouraged and
promoted by the Government ; they have noticed, upon almost every occasion for many
year» past, when the public affairs of these provinces liave been discussed in Pariiam^, a
want of firmness on the part of the Ministers of the Crown in declaring their determination
to maintain British authority and British institutious in their American colonies, and an
apparent anxiety to admit, as a sort of test of liberality, that sooner or later changes must
be made, which, it is clear, would prove destructive of both ; they have observed a cautious
withholding of that assurance of support to the loyal people of these colonies, which wouW
at once have convinced the disaffected that their object was unattainable ; and they havi-
read declarations openly made to a Committee of the House of Commons, by a gentleman in
the colonial department, who, from his station and duties, has properly exercised, and still
exercises as great an influence in the Government of the American colonies, as any other
individual in the empire, in which declaration the positions are advanced, that allegiance to
the British Crown must be expected to bo regarded in Canada, rather as a sentiment than a
duty ; that no fear of the power of Great Britain can reasonably be entertained by its inha-
' bitants ; that " revolt against European dominion, cannot be considered any where upon tiie
continent of America as criinihal or disgraceful ; and that it can be regarded as no enviable
distinction to be the only dependent portion of the New World :" from all which it, would
' foll ow, tliat rebellion in Canada would be merely matterof taste j^ that it would be a safe
— Otpenment so Tiir as British power is concerhiBd; that it couTcT neither be looked upon as
wrong, nor disreputable ; and Hiat, in fact, it will be rather a reflection upon the spirit of the
people of Canada, if they remain attached to the British Crown longer than they can help.
» It
rrs^-
sr-
AFFAIRS OF LOWER CANADA, &c.
145
UPPER
CANADA.
End. 3, in No. ag.
7
' ^f !h™'r ^'•;1'*'""J''°» «'">""'' ''»"»v, tliat the feelings and consciences of the ereat nms^
of the peopfe of U,,per Canada revolt aLminst these sentfrnents; that they do considTr it tKMr
The mhabitants of Canada do not believe, that any Government can take thn f«.rf„l
mitigated by law. One million applied, as the noble Duke of Wellingto™ SpZ.r.n
apply <^ ten vear« ago, woul^ have secured a greater number of thrfc subTecCof Brifn ^
m he CanatfM, against all fear of that woilt bondage, a fiub^tiorto (.orils of l^l^
^"5.;ifofri,';:,sr'"'' "'•"'*"• ■» " *'" ->"■■«> ^"."""f'S
Aadesirable object thK,ugh the intervention of tL ProVinci^lSsMureZr?l natural
tosuppose that tlie advantage of mo^ accurate local infonnSlhoud enable ul to
encounter the d.fhcu ty «.th greater convenience, aiid with better "lopLs of succe^^ But
nL3^ »l' ' "'"f ""'""'*^'' '^^ "'^'' *" «•"= "'« Ve«tio„ settled is aE unTyersI in Sus ■
^'^:&:;^:'^:JSo^^^'^ '- --"-"^ thattheTe^^yi^
view UkSlTlh^. of'^h"" ''""i' l*"" i'?"' Legislative Council sUll adheres to the general
;rLSraiLt"n'.^?3Cl;gei^ by';he^rncn Tat'^'f*" '' '*T^. ^
should take place .n^pecting the ,«servi:rw?uldt £sS^^
the respective claimants to the test of the most saUsfactory judicial deL loVThidl, mf,rh
be done by submitUng the true construction and effect of thte Briti3rZL ni ol^..
c 31. to th^ consideration of the Judicial Committee of the Privy C^unc 1 Afie? he ri^ht'
to the reserved lands, under the existing law. shall have-bee7thus declared or ffK'r
tfeji»t? ' '^r"'' '» '"«H''"'^ ""''"' ^''^ "'f*'^'"^^' vour Committee h^ no' douM that
re ilT.'^'"'^"' *" ?''''"' '^'r '""t'^'y *" Produce'l.itteLss of S Zng "be dSni
religious denommaUpns. and to place in unfriendly opposiiion to each othir me . ,?l^!
would be othenv.se united in maintaining a just res^trour Goven^ent and'laws
f„r?i""'!f r"""' *"'?J«'^t t° which vour Committee do not feel thTt they can nronerlv
£r^iTt:i:{\'^'^"'T'"'''^''^''''''''^'' p'"^'"'^^ ■" respect to iXrcere^
pta n that the Legislature, u, its great anxiety to advance the interests of commerce and
cSuS7w:X"'h'°. "^^ r"^ "'""^-' r^ "f °"^ '^^"«««. ""d have plXd tS2
credit of Upper Canada to such an extent, that any temporary interrupUon or diminution of
our revenue must lead to embarrassing results, unless Vspe^dy rem^rs»?aU r^apoltd
TI le experience of the present tima must convince us that Tis not ^i to nr^eettn'
cah^ulations, which nmke no alIo«^ce for such Hitical reverses Z are now EonedT
?We^nf th'^*".*^*"'"''*',?"? 't«,P~huble conseouences to our coZer«. Te fiS
oVct ofthe Legislaure w.l doubtless be to proviJe for maintaininfT^ie credit of the
a^dT„';f,r''"P''H'''^y """'■'"«/'''?""'=*"''' P^y™™' °f '»««'«'»» upon the Sc debt
wlT H.«r^r ""r """.**'•' ^gi^'-tive Council will be m^» anxioWto coScw
with the House of AssgnjblyjiLJKhatever measures m ay be teat aaitedto^tlw wimwc F ^^^
consideration «. the P>f»<4i<.»„„ .>«■ „ :.:T"-' ~. iT "•™=" wr»«i«» purptwe, —r
SS^f "f V^^^^^^^ Expediency of exereisi^TtircSs'^iS^E
S Ilnl P ^^ 1.^' debt ofthu, colony. It is trS that the great public wSrks"ri
wtach Upper Canada has .o toriy engaged, am higUy c««litable to the ta^l^rilX
•^ 3 • V people ;
.a'ti
L'lTER
CANADA.
No. 2i}.
bit F. B. HeucI to
Lord Ulenelg,
13 March 1838.
li'
1 46 CORRESPONDENCE RELATIVE TO THE
people ; and there can be no doubt that the rapid increase of&pulation and wealth, will
soon enable hh to rise above any temporary pressure that may l£occasioned by too eager an
anticipation of our rcsonrccs. But your Committee niQst eamenU hojpe.that our increaa^
of revenue may Iks so husbanded in future, that we shall ha*6 the «heeHng prospect of
cradual relief from an incumbrance, which is certainly dispropoiiionecl to tlie present state
of this province. ^
End. 3, in No. 29. 1" remarking upon the confusion and difficulty which have artsen in Lower Canada,
fi-oin the want of 11 JHrmancnt provision for the civil list, your Committee did not forget
that the Executive Govempicnt of this rirorince, although no^ left in^the same state of total
dependence, is still subject to lie reducrfl at any time to the ivlnst serious diffieulties, by the
\ - fhilure of the Legislature to vote the orjiin^ry supplies. There are many imporWi'it charges
* of the civil list which were not providea for when the duties levied under the 14 Geo. 3 were
; surrendered, and for which nn annual /vote is now necessary. This supply cannot he wfth-
held, without producing great public/ inconvenience, and much injustice to the servants of
the Croyvn ; but it is scarcely necessary to state, that they were nevertheless vfithheld -upon
a late occasion, merely because the Executive Government lid the Legislative Council woiild
not "ive way upon pomts of vital importance to the peace and welfare of the colony.
The ineuiis of exercising so unfair a check in the administration of oubiic affairs, may
prove in time destructive of the balance of our constitution; and it will inevitably lead to
fivfjuent interruptions of the harmony of the Legislature. Upon the occasion alluded to,
a (lii^lution of the Assembly was felt to be the necessary consequence; but your Com7
niitt« .need hardly observe that an effectual remedy is not always certain to be obtained by
taking that course. - j
The willingness, or rather indeed the desire, lately shown by Her Majesty's Government,
to surrender t*) the provincial legislature the casual and territorial revenue of the Crown,
and the management and disposal of the Crown lands, is strikingly at, variance with the
policy which liad ever before been constantly maintained in these colonies. Your Com-
mittee cannot now conveniently enter into a discussion of the principles involved in^^ese
very important changes ; but they lu-e far fr.om being impressed with the (Conviction that such
a relinquishment of the just rights B^^ prerogatives of the Crown will contribute to the
welfare of the colony, "it maybe ^aittjHhat attacks, whether just or unjust, are always
likclv to l>e directed against the Government, on account of the appropriation of these
. - , .. revenues ; but that does not afford a sufficient reason for tranferring to the Legislature what
unquestionably belongs to the Crown ; and the policy of making such concessions, seems
not more wise than would be the conduct of an officer, who being entrusted with tite defence
«f a fortress, should employ himself in pulling down the walls, in order that there might be
° nothing left to fire at.
Nothing has yet been said by your Committee upon the subject of that proposition for a
riutical change in the constitiitioii of the Canadas which has been much discussed of late
years, and which tli^ leaders of the Assembly, in the lower province particularly, have
insisted upon with the most unreasonable violence ; we mean the desire to make the Legisla-
tive Council an elective body. . Since it has now become apparent that separation from the
mother c*|untry was the object which tliese political leaaers Imd really in View, it is not *
sunirising that their effort* should have been mainly directed to the destruction of that
barrier, which the Legislative Council must ever present to such treasonable projects, so long
as its members are selected by the Crown from among the most loyal, intelUgent, and
respectable inhabitants of the colony. Whe value of this security has been felt by all who
duly appreciate the blessings of good gov^ijiment, and who desire to maintain the connexion
of these provinces with the empire. Althbugh it seemed evident that any ill-advised change
in this respect, made in one colony, vnt likely to he extended with little, delay to the other,
yet the people of this province have felt no very serious alarm on this subject, because they
saw wini satisfaction that the opinion of the Secretary of State for the Colonies was
decidedly opposed to that ruinous innovation ; so much so indeed, that the proposition was
declared to be one which it could scarcely be considered proper to discuss. It was not
altogether without apprehension, however, that in the official eommunications ofthe late
Governor-general, and ofthe Royal Commissioners, some encouragement wag observed to
\>c afterwards aflorded for looking for concession even upon this point. Late events, we
trust, have put it out of the question, that any policy so destructive of British supremacy
can ever be adopted ; and it is only to be lamented, that it has not been always consistently
and firmly declared, that so long as these provinces remain colonies of Great ^ritain, their
L^islative Councils will undoubtedly be composed of members appointed fot life by the
Crown. "-N^
While your Committee have been engag«l ip^reparing this report, the unlg^ed-for
intelligence has been received, that his ^celtejil^ Sir Francis Head is to be 8u<K^ed in
the Govemm^iit of ihls provirtce by Majo^i^^eral Sir George Arthur, whose arrivtil may
be daily expected.
It is just two ycHTS since the removal of his Excellency Sir John Colbome was as sud-
denly announcedf, and in both instances the change in the administration of the Govem-
iiient has been made under circumstances, that have not failed to excite very serious
::ttppf^^ej{8) 4n thfr minds <>f # persona who are- well a ffect ed to outijto v p mment, -
desirous of preserving the connexion of Upper Canada with the British empire. We are
aware that in each ctue the I^eutcnaot-govcmor is said to have resigned ; but we are also
■ , aware
AFFAIRS OF LOWER CANADA; &c.
»<7
aifficulty, fm.n a'regard to u. y^S c^ns^ i "'^' ^'T "'? Government In u tnne of
of thei/de«iring to Be muoy^ t^ZT^ ,'°^ .'"",""= ?"1 "•; ''■«'*v that at the moment
aware, that each or these distini;i
UPPER
CANADA
No. ■>{■).
of their'de^irngtoK^mo JCr. r"'*'"~!r "'"' »« knowthat at the
of fx.th provmccs of Cnna.lu, the utmoH cmffidln . in ,1 7" ** *''"">' '">"' "habitant LorrfGlcnelg,
• and theiullest conviction tl>at underTheir adm rn^^r, ? 1 ''"'""'' "«"'"■"""" ""d viewH, '» March .838.
receive neither countenance nor support '"^"""'«'""'"° *« ^"^""es of the Crown woulJ ^
,, . . " ' ■ EncL 3, in No. tg.
0^>^^T^^^^TL^Z:^:o:iSt:r,Z:^^ the ha,ty .mova. of Sir John
.tatc of pubhc feeling i„ Upper Canada „> that 1^^ -r "".^ T^ "'^''^ *" "•« «'='"'»'
wa. pursuing did not meet t^he supfKirt „f L M. ll^^^'' "'""'' **"" di«ti"g"i«h«d officer
penmade the people of thi« pmvm« "ha iL ^^ ^ Goremment. It will be difficult to
Sir Francis w'ea/; and «heKey hav, H«n a^dllt Th"* ^^ T ^l I" **"" ''"P"*""' "'
seems to have been thm. discountenMc^T an.l H' the effect pf the conduct, which
colony a mprt decide.1, and ^^n.Z^Z^TLtl^^^^T^^l^'^^ *° P/'x'-* - this
feel a very natural apprehension for the presmCn .>f 7k P^"^'P'e^. they cannot but
contmued connexion w.th the parent stat^/" ■"" '^""''''tut.on, and of their
oii^j:::tir.:ti^ t:"^' ""-^ 'r'^'^^ *° *>- ••■snitv of the ■ ~
prevailing in any quarter^ 1^ the opp^n.M t, *?"'''"""y'. "f '" '"^ """ibcd to an u„J,resH,o„ >
most pruclent to conciliattld tKrtl at InTX' T"' 'r*""''"^ ^^- those w/.on. it is
, attache.1 subjects of the Crow" nms for ".litieal oL ["^""i'^r ""^ '^""K" "<■ ""■ '"»»t ,
tlmt the events of the last three 2nVhrwdco.tL.T'"'^' "' r""'"'"''' ""■"- «'' '"'«t
t.on ,of a course more generous and"" 7/ it KJt e ZT'.h'"' ""'^'^""' '" "'" "''"P"
a desire to make Uppt-r Canada the tlieafro V,r „!. ''"''^'^.'" ""»' 'here can be in any quarter
falsely nuagined are more iTb^m a. d f^ than .hn'^'""'""' fS'"""^'''' "'"^•'' " "'"y ''«
we earnestly hope that the wwdora of Pa^ame^?t « T .^"""""'1 ''^ """■ jP^'^''"* '-•™'«titutio„,
will «.cueL rt,me from the ^^J:^^^::Lt:r^.:;zr^i:'''''"''' "''^"'■''
Committee Room, Legislative Council,
13 February 1838.
(signed)
William Dickson,
James Gordon,
John Macaulay.
Iff —
Apjiendix (A.)
M ilitia Generaf Order Adj utant General 's Office,
His Excellency the Lieutenant Governor has nleasnre in „ J°""""' '".'' ^^'^ember, 1837.
Canada, that in consenuence of the p™senr^islrbed !♦" fT"'f '" ^''^ """tia of Upper
i-egmients have gallant y expressed their Z.l^,. ? "'^""^ *^"""' Province, ijeveral
Wajesty's troopf, in proCtK.T^eir fclrSt t«"nT'''™ r '" '^ "^ "^•=^«''*'y '^th he
Uie revered laws an/institutiWof the Br" isl. fnS.4 '' "'"'" '" "'* ""''"tenance of
chS^'lVinr -IttlrTas'l^^nl^^^^^ -^'•""y — "iance with the
Excellency has with «>gT^ceived rnfoTatf 1^^^ '''"°"' P°'*'°"« "^ '^' P">vi"ce, ills
tionsofthe Home and U,donDistrictsTn?nX:T ^anous quarter«, that in certain por-
as If for the purpose of drilC some of the.n t '"''"'"'"«'? .'""'e been seen assOmb^.
public amho/ityTnor acting SrZordeioya^vTle''™'' ""^g'' T '='"'«<' "P°" ''Y
Whatever may be the nwtive of s irh »»^ 1 1 ^ °«":e>- appointed by the Crown. '
that they are caLlatld to Se Ila™ inTe mS :,5\^-te„a„t Governor is of opinion,
bemg contrary to law, they are incons™tent withThat dlv '^^r"' '"'"'^4"*^. ""d tha't
of an faithful subjects to cherish ' ^ "•* ""^giance which it is the pride
.uthont'Tarwel^^rp^rani^^f'Ter'^^^^^^^^ \'''^' "P°" ''» P---» P"bhc
tether in maintainingV^Xracewh^h^h^^
affection of the mother coun^. by rscountpnan r.^'°7"9,^ "o* holds in the esteem and
all m their power to discover a2d m'LkrknownTI^. "''' '"^^' »«'tings, and by doing
With thirobject in view the L^entnnlf o 7 *ho promote and take part in thL. ^
throughout theV^.v^ncrTh^ltuirSL'^ZX''^^^^^ M ^^ •^•'^°"*"' "^ -"■"«
and acquaint them of the above circ^stonfes • a^ .7' !i Tu^^^' respective regimenU.
John Colbome,ofher Majesty's troL^swt. were h^ 1^!^?^"' his Ex-^llency's o^r to Sir
«" soon as the navigation closes, the^rreTum m^v L h! T'"'"'' '"" '"f" ""epted; that
were not so, hia Excellency on no L"unt whatev^ tZ^ ""practicable; that'^even if it
ProTmce, during this winter, of tTeir assislce MhaU^M 'Tt"" *° '^P"^*' '^^ »**«
t>on, hare been entrusted by his E«elle"c7to the r!!i. ^»J^.*y " stores, arms and amuni-
consequeritly arrived for hfs Excelteicv to^ cal ™l .^ "' x!'*'"'/"'* *•"" *he period has
Jost.ce to thUonorable confidence wTcrundlrcCm^f,™''^^^ S' "PP^^ ^'^^''' *° d"
^^^a'STgu.::^ ^r-^ -^'^ «>tten ng to their ohan..
-governor ^-fc-^^Smgr^^;;;^
^ and
A.',
UPfER
CANADA.
No. 29.
Mr F. B. Head 10
l.i<rcl<>lenelg,
I i March 183R.
148
)RRESPONDENCE RELATIVE TO THE
ami to protect all /lasses of the Queen's subjects in the full enjoyment of tjieir rij^hts and
liberlies ; and his/Excellency is fully aBSured, that if necessity should arise, the inhabitants of
Upper Conuda wll not fail to place on reconl an honourable example of a people who, appre-
ciating the, blc/sings of peace and freedom, will allow no political differences of opinion to
prevent tlii^j when duly called upon, uniting to support their religion, the Crown, and the
laws.
His Excellency therefore directs the colonels of militia throughout the Province, imnie-
Er.rl. J, III No. HQ- ,jjjj^.| ,„ „j|jg ^^^f.]^ arruueements as may appear to them most judicious, for enablinf^ their
respective corps to act with promptness and effect, should aiiy emergency render their ser-
vices necessary. And in case the civil authorities should find, occasion, to suppress an illegal
meeting, his Excellency especially refers to the 0th section of the Milikia Act, passed in the
4«th year of the reign of fiis late Majesty George the 1 1I., relying that the officers com-
maiiding regimenU -will, with alacrity, firmness and discretion, exercise the powers therein
given to them, of suppressing with the force of their respective regiments, any attempts that
may be made to oppose the civil magistrates, or to disturb the peace of the country.
The Lieutenant Governor is proud to believe, that Upper Canada is the only portion of the
British empire divested of military Support, and he feek confident, that the mother country
as well as the continent of America, respect the stead v peaceful conduct which at present so
peculiarly JlstrnglriBhes the inhabitants of the Upper Province of the Canada*.
■(. By Order x>f his Excellency.
, James Fitzgibbon,
Acting Adjutant General of Militia.
**>■
:
I
Appendix (B.)
Government House, 8th December 1837.
His Excellency the Lieutenant Governor warmly thanks, in the name of her Majesty the
Queen, the loyal and gallant militia of Upper Canada, for their ready attention to the call of
their country, when their services were required for putting down a cruel and unnatural
His Excellency trusts, that that service has now been effectually rendered, and it only
remains for him to take t»hatever steps maybe necessary for £he peace and security of the
several districts, and to announce, with much satisfaction, that there appears to be no further
occasion for the resort of militia to Toronto.
/
Appendix (C.)
CoDvofa Despatch, from his Excellency Sir Francis Bond Head, Baronet, Lieutenant
Governor of Upper Canada, to his Excellency Henry S. F^x, Esqmre, her Majesty?
Minister at Washington. J _ ,. u
Government House,
cj. i Toronto, 23fd December 1B37.
It 18 ray duty to lose no time iii apprising your Excellency, that the peace and security of
this Province are at this moment threatened, and that its territory is actually invaded by a
larce band of American citizens from Buffalo, who have taken up arms, and establfthed them-
selves inahbstile manner bn Navy Island, in the Niagara River, and within the terntory of
Upper Canada. . ... , , . - .,.
^Your Excellency has no doubt learned from the pubhc paper$, that m consequence of the
insurrection unhappily commenced in Lower Canada, but which^ I have reason to beheve, is
now effectually suppressed, an attemj)! as rash and hopeless, as it was wicked, was lately
made by three or four hundred persons in this vicinity, to involve this province also in the
miseries of a civil war. In concert with this movement, an endeavour was also made to excite
the people in another district to take up arms against the Government. Both these attempts
were promptly and effectually suppressed by the loyal militia of this province, unaided by any
militaiv force. Most of the deluded persons who were engaged in these rash and criminal
enterpnzes have.. surrendered themselves when taken prisoners; but the principal leader,
William Lyon Mackenzie, and some of the most active of his followers, succeededi with
creat difficulty, in makiiK their escape to the adjoining State of New York. It was soon
reported to me, that at Buffalo, to which place these traitors fled, strong symptoins were shown
by numbers of American citizens, of an inclination to aid them with men and arms, and to
supply them with other necessaries, in order to enable them to make a hostile invasion of
T1ia° the public authorities in Buffalo, and the more respectable of the inhabitanU, do dis-
countenance such proceedings, I had no don.bt, and their conduct since has justified
that expectation ; but as it was doubtfiil how far they might be able prompUy to control this
ebullition of hostile feeling towards a nation with which the Umted States held the strictest
relations of amity and peace, I immediately addressed an official letter to his Excellency
Governor Marcy, at Albany, of which a copy is herewith sent. No reply to this has yet
=,,«aeh«d 4«e, nor xkx 1 knowjshat stCBS. if any. have been taken onth e part of the Amencm
Govemment, at Buffalo, to repress this hostile nsmg of their people. , , ,.
Since that letter was written MMkcniiehas been joined by some hundreds of American
citizens
AFFAIRS OF LOW Ell CANADA. Sec.
149
Ives on Jinvy
[nited 8tatcs.
lich thift luuve-
! ^ . . I have,N&c.,
(signed) F. B. Head.
UPPER
(ANA DA.
No. j().
Sir F. B. Iluad (o
Lord (ilenelg,
n March ijHgS.
3, in No. 9Q.
Go^Sor^^of SXt'aS t^urF'"T,^'^^i?"«'« »""'' Head/Baronet, Lieutenant
1838, p. llj.)
Foronto, 10 Januaiy
No. ^ n S,r F. B. Head . De-patch to Lonl Glenelg, da«Kl ioLto, 7 Flbrua;^ iBae.'
1
Appendix (D).
ProciamationsofThos. J.Sutherland. "(Vidt Enclosu^s, No9.2,3
Despatch, 7 February 1838, No. 46, pp. 102, 103.) ,
4, inSirF.B.Hea***
Appendix (E).
■\i'^
Lkttpk of Colonel *°<J'jf^Commandmg Western District Frontier, to Lieutenant-
colonej, Strac/uin, Military Secretary. . ^ '"euienani
Amhertsburgh, lo January 1838.
Sir,
guards and pickete and caU^Ihe gw^^a ^k™^ Jl^ **"' mformatiSn I reinforced the
PM«ed the tomi, iuto which BhetLTwrne ^utT^' .^"72.'^' V S"* ""der way and,
.he ,vi«fld land n.en at a place caTlAdThT Ct 1h '"'' T^ '' ' "^fJ^telv exited
Bois Blanc, and ordered the mL tHroLd to \ht^ r^l'» '^uPP"*;*! ^^-^ ligfit-hoV* 4t
placed, and reinforced by an oTlyKSof^4^.nJ^^^ir'''"' J ""^ » ^uard of 20
8hot« and commenced firing eraZI round .hh. i J!"" '**.'*' *"""« "^'o** "P ^ the
fire and .the schooner Sl^™r^e whTn h w^\i ^'u"*''' ' ^^^ ""'"'» "Pened a brisk ,
.urrender; howeyer, aHTwl d not d„Ii .w„ ^rt* ^ '^"^ *'"* "•« wm willing to *
«P to theii arms in (vater "^ "" *" ^' ""j"*'" ''""^ her, although
TT.e eenaral (Dr. Thellerl ^.uhj.t mom e nt in th^,et.of.dc«ii.ythr«.p^a^^,^^
.ake merchant naw. took th^rar^riA.S:.., _* \2^
357.
" mouth
„f
*:■
L
' h
I'I'I'EH
CANADA.
8ir F. I). Head
Lord Cileneig,
\-i March 1I38
Enrl. 3, in No. 3()i
w
r
150 CORRESPONDENCE RELATIVE TO THE
moiitli of tlioL'iiii; Mr. Irormule, nctinn captain of militia, took the Hag. We found on
ixiiird 21 i.rr«oiw, one killed, eight wounded, 12 priHoner.; three piece, of catjnoii, flot yerv
nsofnl iiLut 200 stand of arniB, buff cn>8s bclu, ammunition, but ot this but a »maS
suuolv When I receive n return you nhrill bo informed more at length. ;
I have L'iven directions to net fire to the ichooneraii iooii an all the store* are taken out CI
her I have iu«t been informed that the enemy has got a »t(«mcr from Detroit called the
Hlic ■ the rebels Keiicd her and the mayor or governor ordered her to be retaken, but the
rcbcU rcfiweil, the city guanlii did not give them any further trouble : in fact, everything ih
done in this way; the nbcU have taken six piece* of cannon at Detroit in the same way
and they are now on board the Macomb steamer at Detroit, and of course will be employed
nninst us to-morrow. ... , - -.t u 1 .
One of our scouts has just come in to say that he supped in company wrth some rebels at
Gibraltar Point last night, and they there said that it was their intention to attack Sandwich
this night; that thev would divert us by a show of passing al^ut the channel, but the
object was Sandwich. , , . V n • m " j q
1 am now informed that the Erie steam-boat has passed between Bois Blanc and Sujj:n.
Island and ha« discharged some cannon ; I have ordered reinforceniente to this point, and
if 1 hear that thev arc coming nearer I shall beat to arms. This seems to be our weakest
point, and I wish his Excellency would send a company or tvvo of the line to assist. I have^,
mst had n Icttet from Colonel Hamilt»n at Windsor, saying that he had been well informed .
thatthc rebels intended to attack Chatham this night, and if the water was not sufticient to
Uketheraup, that they would try Windsor or Sandwich. ........ ,,
This end of the country is very much exposed, and should be attended to m time. 1 have
issued oiders to send 100 men to Sandwich to as/ist there in case of attack.
I should be clad to know if his Excellency wishes to employ Uie Indians.
I have sent the prisoners to London gaol. „ , „
Your 8, &.C.
Thos. Kadcliffe,
Colonel commanding Western District Frontier.
>\ B.— The Anne of Detroit is aground, but have not yet burned her.
Lieutennnt-Cololiel Strachan,"!
Military Secretary. J
V Appendix (F.)
From the Michigan Observer, of 17th January 1838.
The Canada Cbdsade.
We had barclv time to express in our last our deep abhorrence of the part the great mass
of our "tizens were acting in relation to the affairs of Canada. It really seem.Hl as thougU
they U' perfectly beside^hemselves in this matter. Almost the entire '°'^» ».»"_[ W:
lation were wrouglit up to the hisrhest pitch of excitement in behalf of the Patriots
S h Xs thrdelnstLion of ,x,pular fc'elmg, that the --who had the «oml f-"? '^
stand ui) in defence of the Constitution and the laws was hissed at and sUgmataed as a
Calis And w^are told that this kind of phrenzy had s^^d itself into the interior and
Sgreater or less extent, thrown nearly the ^l.ole population of the SUte luto commotion.
We are happv now in being able to say that a reaction to sonie extent has taken place,
and that our omens appear to be coming to their senses. The motley group who were
SecS near leToutK the river,.to thi number 1,000 or 1,200, have been partially d.s-
™ ™some of them have returned to their homes, and the remainder, «'th their com-
maTder' we ar° told, are lurking about this city. From all we can learn, we should U.ink
Ze neve. wLs such another setV men collected together on any occasion. We need not
nfo™ our readers, that every miserable vagabond in the street, when under the ..«pirat.on
of arhhol imagoes at he was bom to command. We do not say that any .uch reason
a this shouTdL alleged to account for the fact that there was such a host jn th« amy ot
"Patriots " wHo put Tn Uieir claims tp command, and so few who wf re willing to be com-
nmnS^d thatCs was one of the causes which contributed to their disper.Kffi,-because
we were not there, and did not see it.
We will-now endeavour to give some account of the "P*™*'""* »• '''I' |?^*;?"* ""[^y^
A man by thfc name of Theller, who kept a large whiskey wtabl.shment m 'hi" ='ty. »•;
Theller,we believe he was called) joined the patriots an.fthe "f / «« ^^."^.•'^ei* "
" Geneml Theller," and the next is, that he, vA 12 others, many f them < rallant officew,
are on their way t^ London jail, to be tried for high treason agamst the Br#h Government.
The^ were captured on boa^ the schooner Anne, together with a large portion of the ^.
Snition, and provisions of the " patriot army." There «« many versions of the aff«r
afloat; but the mist probable seems to be, that TheUer had the recklessnew to ?ail up m
front of Maiden and pour his broadsides in upon the town, with the expectation of taki^
-g^^ of It 4>t.X, and rnmiing ai^v w'gh ajj the ^'"'^•r ^'"' ""^w Sdl^
^^^edin mystery. One accounT^, that the British army lay concealed behmd \*Ur
AFFAIRS OF LOWER CANADA, &c.
151
time. I have
UPPEK
CANADA.
Sir F. D. Hend lu
of wood .nd luraber.iind thot at a .i^nal pven, ti.ev opened a heavy fire upon (he .chooaer
kdhnR wveral. and cuttm.? the ,>g^:„g 30 a« to ren/cr Lr uun.un«Keable. Another Bt^.^;
hat IW were dnvrn anhore hy a .troUK udverM, wind. Which account i«orrec», or Ae-
ther either t*, it i» nnpoMibh- to wy. though the former i. the most probablj; ^? „„ , .. „,„„
Withm a day or two, Mveral pen^ns hny« l.een arrented in thi« city. 6n the charite of Lord U lonely,
ffll'thX Jh^'h 'a ""i'ji?^.!''^' """y- / ^'- ^'^"'"y- "'" •-•hiey manage Tthe '" »'«"'•• 'SaB.
D«&oit theatre, who had .udfcniy become transformed into a colond, ha* fleen Iw^ind over '
to take hm tnal at the June Court. We believe that Home other, have aUo £ S over '^'- 3' '" ^"^ «9-
A Mr. Suthcrloiid, who i» called their gcneral-in-chief, or some guch niime wu* aU.i
arrested and cxannned before Judge W.ikL, but we believe the judge Sdtl^it the
evuleuce beJore the court was not^.uffic.cnt to authorise his conm.itmcnt^ We are told thi^
he professes to be n man of fair chnrnctcr.
What are the intentions of that portion of the disbanded i.rmy who are now in this citv
>, not k-ownjjut .t m supposed that they are c.mcertu.g a new plan jcf operations, md t" a^
hey are determined to try the.r fortunes once more. (W.ty iJ in a constant tum^l hZ
the presence of these nwn. The military is kept inv-'--**^'^^"-:': - ' •• '""""" '"™
tne city ; and not a night passes, but the cjuiet of (
Great indignation, .we are told, is felt by those
thize with them, because the coloured |)eople on (
arms and rallied around the standard of their >»
inforlned that it is the intention of these men, shouR.
ijvery coloured man in the Province baick into 80h($c
<|laimed. And who can wonder that the coloured peop
H government which reached out ita arm of mercy aiid i^^ ....... u. . wno can won.ler. that
from their experience m regard to the free institutions of our country, they should be illed
with hoiTor at the thought, that similar institutions were to be established over thein" ThU
very attachment is highly honourable ta them us men. It shows that thf y are men of true
hearts, and wiH never betray a benefactor. It shows, moreover, that they are capable of
appreciating the blessings of liberty, and dread nothing so mudi as thf woes of slavery
How absolutely pitiful is it to see men so concerned to establish free institutions upon
Uritish soil, when we consider the condition of our own country, distracted and torn over-
run by murderous mobs, which bid defiance to the civil arm, and triumph in their blood •
thus exposing our institutions to the derision of the world. If these men have patriotism'
they need not go beyond the confines of our own beloved, bleeding country, to find ful
scope for lU exercise. Infinitely better is it to be under Britishlule, or Rus«in desStism
or under anything in the shape of govermnent, than to be at the mercy of a mob And f
things are to go on for a few years to come, as they have done for a few vears oast who can
tell Eut the dominion, of Bri'Lin will be a refuge for u. and our childn^^t ?hey ^e now
for the oppressed and suffering slave ? , ■«:; oie now
^•ition for the protection of
Wturboj ^
and those who sympa-
le river have taken up
and we are credibly
II tlieir designs, to send
.^^^ > fast as they shall be
-HC^nmla should be attached to
them in ! who can wonder, that
^" Appendix .(G.)
PetiUon of the President and SecreUry of tlie Constitutional Association ol M J„
. T? the Knigbto, Citiiens and Burgesses, of the Province of Upper Canada, iiU'ro-
vincial Pvliament assembled. ' '^ '
The Petition of the undersigned, for themaelves. and in behalf of the Constitutional
Association of Montreal —
Respectfully represeuU to your Honourable House :—
That anarchy and confusion have set thi laws atdefiance, and destroyed the harmony and
^uist of social nfe: that sedition and rebffiion, followed by'atrocious lutder.S^ ^ ,
mpine, h.ve loudly proclaimed themselfs in the most populous and prJLwus SoHf <
l^nu"of^±i; ^J^V^" "vS^"' *''T'I*:^*'r'l! "'/i?«P&ty "f Ae p^^vinciaTiahaW-
ilm^aSS^beaTS^'rirttrri^^ '' ""^ "^^V " "'^"^"''^'"^ ^«-"
'That in order to expose the real i<ew8 and designs of that faction the Cnn.iitutiAn.l
Association of Monti^al ha^ undertaken the importatt duty of eiS^^^g to S^T Hc^o^-
•ble House, as succinctly a. the nature of the subject will adiit. tbt real cause of the
S°„"tT*'"''' ^^ "'""', '"'° ^^V^' '"='^'« distirbances at pLnt molt uXpp ly!
«nd at the same time most unjustifially, existing in this Province, and of appealinir to the
P^^n i:f" ^.P"'"^.'!.°?i."' *•**"■ l'«^^ *" ^'i"*'* »"bjects-the maintenance of the
ImrT n*^"^"*^ "^'^J^^" P""*"! ?tate-and the acquirement, fr«m the justice of the
Imperial Government, of those remed«l measures .vhich will prevent a recurrence of exist ng
tlisordeni, and secure the prospenty and improvement of the tolony.
it.lV!'K>*'°".''"l" °^.*^^ Protince of Quebec by the British i«ns, the greater proportion of
^^TTnfi^ "^-'' r "-W""! 'fl %^«'>^^'«Hting.to the.generositv of their cinquen«^
Tattler than to return to the countrv nf^tKor nr,„^t^r^ . .1 u?- ojs.- ■ . .'^"l"*""'"*
=»..„ to retUri; toihr^.u^tr;'^^
^ ^ mere
'^^
■r-
iM2^.:^.^.
r-^f-TT
152
CORRESPONDENCE RELATIVE TO THE ^^
i'
UPPER
I'ANADA.
Sir V. li. H.iid t(.
'Loiil (iknelg,
li Miircli
End. 3, ill Nc. i>)
nu-ni fact of tlirir Provincial residence, and subsequent civil and political benefactions con-
fcrred upon tlicni, demonstrated their well-placed trust in the generosity of the British
Oovcriiiuoiit. ''
Tlic full cxcicisc of their rolitjioiis worship.'ll"' coniplete enjoyment of fheir ancient civil
laws; and the midistiiibeil use of their native lanjiuage, were among the number' of civil *
and fpiittial f«,viloges guaranteed to them ; and political privileges of equal extent to those
enjo icd'bv the llritisji Provincial inhabitants were, in addition, subsequently bestowed ujion
thcnl
TlV uiiconT;eniality of t>ie French laws, as a system of Provincial civil' juri^|»rudcnce, with
the s|\(nt aniffeelings of Pritish settlers, and their expressed desire for a change troni the
|Mtty \lyianny of a governor and council to the freedom of a representative" Provincial
govcriiiiieiit, procured still greater advantages for the French Canadians. In the year 1701,
tlu^^Aioii of the IProviiice of Quebec into the two separate Provinces of Lower Canada and
Tiiper Canada was carried into eli'ect, and a constitution similar to that of the parent stale
was coiiltrred uiwii each, -tt-hilst at the same time universal sufl'rage was, in effect, granted to
flieir inliikjtjitants.
It was <\iiiceived that this measure, by which .mi*' division should consist, as much as
jHissible, ollthose who wer.- well inclined to the English laws, and the other, of those who
were utlach^^ to tlie French laws, was best adapted torput an end to all disputes ot a legal
sort— to recoft^cile the jarring interests and opjiosite views of the Provincial inhabitants-!-
to ()reveiit a gfcat degree of animosity and confusion, from their rooted opixisition of interests
—and to obviate dissatisfaction from a great nscendancy of one .party over another m a
united legislature. Two objections t() the measure-were, however, iiegtected bv the Minister
of the day— that it fostered a population of foreign*r's in a Britfeli cO^eny, and that it con-
tained no phivision whereby the infkibitants of the British islands should be totally excluded
from settling themselves in Lower Canada.
/N Tlie experience^if fiTty years of separation between the Provinces, and the present iiisur-
reVtionaiy and seJfitiouS spirit exhibited in Low'er Canada,-ilaiply show how far the advan
tageous results anticipate(f from thik impolitic and iindesired measure have been realized.
The possession of the right of alhiost universal suffrage, and of a numerical [lopular
maiorily of -the Provincial constiluurtcy, gave the complete command of the representative
branch of the leirislature to the French Canadians, who soon exhibite<l a perfect knowledge
oftheiradvantage, and of that exclusive spirit which has since invariably actuated all their
pnHeedings, and i^rowii into a firm determination to accomplish their final purposes, of the
destruction of the interests and rights of the Provincial inhabitants of British and Irish
finain, and of the provincial connection subsisting with the parent State.
A cursory examination of the conii»sition of the House of Assembly, from its establish-
ment, will show-, that with scarcely an exception, no individual of British or Irish origin has
been returned tii-serve as a nii'iiiber of that body by a French Canadian majority, unless as
a plediied supporter of French Canadian principles ; with scarcely an exception,' no PlD-
vincial law lifts been pass<Ml,liow much soever required for the sujiport of the interests, or the
protection of the rights of the inhabitants of British and Irish origin, and that even these
legal exceptions were invariably of a lemjiorary nature, and subject to the capricious plea-
sin-e of French Canadian ina)orities. The spirit of the lei;islfttion of that bwly will show
that ilf^emporary character was udopte<l to render the Province the more completely aljhject
to their coiitroul, or to enable them the more wily to tiike advantage of their exjieeted
predominance, for the abroijation of those,, very "emporary laws which they had b««n con-
strained to pass. The pohtieal principles of that body will show a 'fixetj opposition to
British interests, not only in their aversion 'j| or rejection of every measure which would
teii<l to the iiiti-oduction of capital and of a British (xipulation into' the Province ; §»*, for
exani|)le, an ell'cctual system for the registration of mortgages, and an abrogation of the
feudal teiiura; but also in tlK'ir positive introduction and adoption of every measure likely
to tend U) thi privation of British and Irish rights, or to the destruction of British and Irish
interests, such as the exiaUng county division of the Province, by which the British and Irish
constituency, in the seigiWies has been completely swamjied in the great«tr numbers ol the
French Canadians, and the defeated attempt to deprive their fellow subjects of Bntish and
Irish origin in the cities, tenants of leawhold property in co-partnership, from a right of
voting for meinbei-s of thj| A.ssembly. The claim of that body for the sole management and
disposal of the whole re<^ue of the Provinc<', has constantly had in view the attraction into
their own li»nds of the entire Provincial authority, and of the subjection of tlie execuUve
govemiiieiit to their arbitrary will. From their first insidioyi* attempt in 1"1»6, to obtain
the repeal of the |icmmiicnt appr<|ii||iiitioi) contained in the Act of 1774, for tlm supjiort of
the civil government and the aOiiiimstraiioll of justice, thereby to subject OB executive
government to W:ir giMxI pleasure for^y further support than the pittance they then
agn^ed Ui allow, through the whole colH' of the financial dillkulties, which they ha^e
never allowed to slumber, by means of ffleir annual supply bills — their diliiculties as to the
items of that supply— their represeirtations in 1822, not to grant permanent supplies, or
su|)plies,diiring the Sovereign's lilp— their delegation to Lngland in 182H— luid the whole
category of their agitation upoitjtiiis subjec^own to the year 1B31, when the full accon^*
' " ■ ' 'esircs wa^|itained from the good faith of the Bntish
. „ . . . Y JpoitW"
lltf''""vnt^ of their long s ough t di'si ^^ ^ — -ir
Irovernnient, by tlierepeal of the permanenl aVproprmtlons, IheFr tirst. Taut gTrtfrobjertywrn
of the ProviiK'ial revenues,, well knowing that by this meaiffi the
to obtain possession
government
AFFAIRS OF LOWER CANADA, &c.
153
LI'PER
CANADA
isist, as mncli as
No. 2(1.
Sir I", li. III. 1,1 111
Lord Olcnelg,
ffovemmcnt would be cast mto their lmn4. Fiuiilly, tlie detail of the gricvances^jf that
body as reprcsentmir tlie opinions of their constituency, thi! so cullcil great lua.^ of tlie
■ population, complete the evidence of their exclusive interests ; in tli(:ffi will be found the
abrogiitioii of the charter granted to the British American Land Company Jjy means of which
the Assembly sought to assume the management of the waste lands in the townships, and Lord GlcnelL'
thereby to prevent the settlement therein of a Uritish and Irish population; the reUl of W March 18,38
the tenures Act, by which a commutation of 8eit^lorial tenure may b<' eHected, from their
apprehension of its leading to tk^ introduction into tlie Province of British capital • their End. 3, in No. 29
indispiisition to encourage the settlement of ihe townships of this Province, because thev
arcprincipallymhabite-rby a British, Irish, and American population; their uuwilWness
to co-operate with L pjier Canada in the extensive improvements in progress in that Province
ytywnch Its settlement and prosperity might be augmented, and lile advantages rai-ht
yhereby accrue to the British and Irish inliubitants of Lower Canada; and their pertiW^
hous endeavours to render the legislative council elective, because in it alone were to be
touml the means ol omiosmg the exclusive pretensions, and of protecting British interests
Ihe history ot the House of Assembly in its composition, its legislation, its spirit and
political principles, fully establish the aim wIi^lIi its members have constantly kept in viexv
-the aggrandizement of the [wpulation of I'rencli, and the oppression of that of British
The recorded testimony of a French Canadian leader, and one of tlie delegates to E imland
in 1H2H, to represent the grievances of his fellow countrymen, and since that time tliei? paid
agent tor si.ndar purposes, corroborate the views taken by the Constitutional AssociatLii • '
he declared in his examination before the Canadian Committee of the House of Com '
inons m l«2tt, that " the establishmentof the English laws as applicable to property held
111 the townships on the tenure of free and common soccage, would be an iufrinrreraent
of the rights belonging to the Frendi Canadians, if not done ly the Legislature of Lower
Canada; that the French laws should be allowed to continue all over the country— that
facilities should have been given to the French Canadians to settle in the townships— that -
the means of going there should have been given to them— that a system of education
accordmg to the notions and ideas of the French Canadians should haye been followed—
that the desire of the French Canadians must necessarily be to k^p up their own
Institutions, and to preserve their laws in every part of the country- thd* the Legislative
Uiuncil should be composed of men who would side with the mass of the people and in
eHecting this lattcr^arrangement, that its natural effect would be to secure the means
01 extending the trvnch laws and the French Canadian system over Lower Canada." «
In the full and complete security of their persons and property, in the free and unrestricted ■
«njoymeht of their religious worship, their ancient civil laws, their native and beloved
language, and of an cjuality of rights and privileges i« the Provincial Representative
Government, with their fellow subjects of British and Irish origin, in possession, moreover
of a numerical majonty, the French Canadians could ha\p no sympathies in common with
people ot another race and speaking another language, no inducement to divest themselves
ot prejudices dear to them alike from the associations of country and the recollections of
life, or to abandon habits and customs which they cherished, and to which they were Bnnlv
attached fo» the questionable advantages to be obtmiied from assimilation wyth straneers
whom they ivere taught to disregard ; and the natural Coiis«quence has been, that in
proportion as Uie French Canadian population has increased, those evils liave likewise
iiicieascd, until the repugnance to British interesU and British connection has finally
a.-^sumed the form ol ojm'Ii and declared rebellion. ^
The French Canadian population wer« thus not only nationally inclined to mark their
iictivc opposition to their fellow subjects of British and Irish orfgin, but they have been
UHis-h^ to consider them as strungerspnd trespassers upon their soil ; they have been taught
to led towards them none of those kindly sympathies which unite together sulijects of the
saaie country and possessors of the same rights ; they have, in fine, been taught to believe
henisdves oppressed h^ their fellow subjects of British and Irish origin, and to imagine
thiit they pos,.es3ed the power of expelling their oppressors. Overlooking their nwral
licblciK'ss in physlcarcapalnlity, desperate juen made an open livelillood by influencing the
|>o|niltttioii of Fn^nch origin to acts of violence ; missicmaries of insurrection by their
OB-ii example, ostentatiously showed to tlieui the manner of setting the laws at defiance •
and iiidividliafc, loaded with every species of personal coiitemjit, aggravated a lo<-al pi-essure
mlu popular tumult, or embittered an unimportant grievance into blooclshed. In all cases
Uie obiect was attained, active discontent was introduced into the passive population and
ni)on-dny meetings gradually ripened inl(T sedition and rebdlion. ' .
Il IB this exclusive French spirit alone which has given rise to all the discontent existing
I" this province ; it is this which has, in fact, made this question one of national ori-rin, and
not (It ])olitical (larta; in it m to be discovered the source of all the disturbances which have
»roughl sedition and rebellion In their train; and in it alone is to be found a full and
complete answer to the inquiry, to what causes the present unhappy condition of this
province is to be ascpbri.
This conclusion is borne out by tlie text-book of the complaints oftha French Canadian
«*Rreseiitalives, adon ttd in fta-t, {be famo us 08 resol u tions of the House of Ass embly, in _
^tr Wilt Be fomjdTfr detail oTgiieynnces and .iliuscs which thaf bpdy knew to be eltliei "
Hiiogethcr redressed; or ih active course of bcijig so; reference is therein principally had to «
•*"• ' "3 . ■■ those
TPPER
CANADA.
No. -jf).
sir r. U. Head to
L<ir(l Glenelg,
i; March 1838.
End. .3, in No. 49,
154
COKRESPOI^DENCE RELATIVE TO THE
)\
(^
thosfe which have already been adverted to, the introduction of the elective principle into the
composition of the Le<)p8lative Council, the abrogation of the Tenures Act, and the disposal
of the wholf revenue of the province ; the two former have been most wisely refuged, the
latter as unwisely granted, while by their own admission, no real oppression exists in the
province, and no real grievance consistent with the preservation of British supremacy remains
unredressed. *
Tiie French Canadian leaders have endeavoured to excite the sympathy of the citizens of
the United States, and of the professed republicans in Upper Canada, in behalf of
themselves and their fcllbw-cduntrymcn, by constantly appealing to their assistance for the
support of popular institutions and popular rights, as if their real views were republican,
and as if that form of government were favoured by the French Canadian population. It is
sufficient to meet this fallacious inference with a direct denial as being contrary to the fact,
and to the habits, feelings, and customs of that population, and as being altogether
disproved by the evident principle of alt the measures which have been proposed or approved
by the French Canadian population, or its representatives in Provincial Parliament
assembled, which plainly show that their views did not extend beyond the means of securing
their own exclusive designs and intentionsi
Your petitioners submit, that the provincial inhabitants of British origin have real and
substantial grounds of complaint; they hTriie been compelled to submit to a system of
jurisprudence foreign to their habits and injurioufr.to their interests ; to a feudal law which, to
the disgrace of the^Provincial Legislature, finds a home in Lower Canada alone, to a denial
of those len-islativc improvements which would have iilto'duced British capital and enterprize
into the province, and increased thervin a British population, and%) their privation of their
dearest rights as British subjects, in their virttijl exclusioi* from a just participation in the
Provincial representation. ,
Although their supplications , and petitions for relief have been unheeded, amidst the
clamours "of an insurrectionary faction, these loyal subjects still confidently trust in the
magnanimity of the mother country, and still anticipate from her justice an entire redress of
thefr unmerited and patiently endured grievances.
At the same time your petitioners conceive that, without a total abandonment of the policy
now adopted towards this province, and its ArigiiJication in fact as well as in appearance, by
means priticipally of its re-union with Upper Canada, the same evils will exist, the 8«me
causes of disorder wjl continue, and the same attempts at sedition ^d rebellion will again
occur. V
Your petitioners are firmly convinced that the re-union of the Can^JdaaJs not only the
most eftectuul means of preventing a recurrence of the disasters which hare ahfeady occurred,
but that it will produce to Upper Canada advantages which cannot be anticiDated from any
other measure ; a more equal proportion of the general revenue, a fiw outlet to the ocean,
^d a practical utility for tlie magnificent improvements in progress at her expense within
her own limits; that it will at the same time promote the prosperity of both the provinces,
secure their just dependence upon the British Government, and prevent a dismemberment
of the empire.
Your petitioners most respectfully entreat your honourable House to take the situation of
the British inhabitants of Lower Canada into your serious consideration, and to advis« such
measures as will promote the objects which your petitioners have in view— the com^Jete
Aoglification of this Province, and its re-union with Upper Canada. v
And your petitioners, as in duty bound, will ever pray.
Peter Mc Gill,
President, Constitutional Association of Montreal,
W. Badgley,
Secretary, Constitut^nal Association of Montreal
Montreal, 13 December J037.
^
Appendix '(H).
Re84.1utions of the Assembly of Lower Canada, for expunging Speech of the Govemor-in-
' Chief from their Journals.
Monday, 23 February 18S4.
'rlie House went into committee on his Excellency's speech at the close of the last session,
and passed the following resolutions, which were reported and agreed to :
another
statute in
1. Resolved — That any censure of the proceedings of this House on the part of
hniiich of the Legislature, or of the Executive Government, is a violation of the sti
virtue of which this House was constructed ; an infringement of its privileges which they
.cannot disiiense with piotesting ag a inst, and a dangerous attack mion the righU and liberties
"" " ■ ' ™+roTince; ■ —
' a. BeMlted
.cannot disiiense with protesting ag ainst , anc
"oflTis MAje»iy*4 »ul>Je«nn tm« rroTince;
AITaIrS of lower CANADA, &c. 155
% Re.olved-That that part of the sneech of his Excelleucy the Govemor-iu-Chief CANADA.
.ddreBsed to this House on the 18th Marcf. last, at the close of the last session, and which
relates to the peUtions addressed by this House to Hi» Most Gracious Majesty, and to the No. 2().
two Houses ot Parliament of the United Kingclom, on the state of the Province, complainin- Sir V. B.Hc;,.lt,
of gnevanges and abuses whK:h ex.st in thw province, and indicating the means of remedying Lord Glenelg,
the same, isuijensure on the part of the riead of the Executive of this Province, of the '* March 183S.
proceedings ol Ihis House, winch had acted as an fcqual and iudciiendent branch of the
^islature, tor divers good causes and considerations to itself known, for the benefit of End. 3, in No. »>
His Majesty s subjects in this Province, and of his Government therein. m
3. Resolved— That the said speech be expunged from the Journals of this House. '^'
Yeas-Messrs. Amiot, Archamb«,ult, Bardy, Barnard, Beaudouin, Bedard, BerAelot.
Bertrand^ Besserer. Blanchard, Bouc, BouHard, Bom^ier, Bureau, Cardinal, Careau
Caron, Cazeah, Cherrier, Child, Cote. Courteau, De Bleury, Ueblois Deligny, De WUt
^rKf:w"Tl . -^T"":' '^"'';'' »"'^'l"1.0i™"ard, faodbo..t. GranniT, Hotchkis
Huot, Kimber, Lacoste,Lafontaine, Larue, Leslie, Marqtts, MeiUeur, Miithot, Morin
Mousseau, N^l, O Callaghan, Pickel Perrault. Proulx Raymond, Rocbrune, Rochon
Rodier^oy, Simon, Tachc-. A. C. Tascheroau, P. E. Taschcreau, Tessier,-^oom;, Trudel
Well!
Nays-Messrs. Baker, Blackburn, Bowman, Claphani, Guy, Mooie, Poweff and
Appendix (L)
i» >»
(14 Geo. in. chap. 88. 1774.)
AN Act to establish a Fund towards further defraying the«l»rge8 of the Administration of
Justice, and support of the Civil Government within the Province of Quebec, in America.
Whereas certain duties were imposed by the authority of lii%ost Christian Majestv
™^^7hp'p""°' Pn '?!•** '"^'*? "'»"?'' '"'P"""' '"'° ''"^ P'^^in'^'' of" Canada, now
«ned the Province of Quebec, and also a dutv of 3/. per centum ad valorem, upon al dry
7t .T'y '"5°: ""f^T"^'' *^^°'^ ir'" "^t ^"'"'"•=''' «•'''='' «''"«='' ''"bsist;d ^ the time
of the surrender of the said 'rovince to Your Majesty's forces in the late war: And whereas
itiB expedient that the said duties should cease W be discontinued; and thaV in iTeuTnd
instead thereof, other dutie* should be raised by the authority of Pari ament, for makincr a
more adenuate provision for defraying the charge of the administration of just^Lrand "the
ZT K '^" "'^'l jovemment m the said Province : We Your Majesty's Tc^ ^t^ful and
&,^''**'m"' VT.T? °^ ^""" ^"'»'"' "' P"li'""ent assemble! do most humbly
b^seech;^our Majesty that it may be enacted, and be it enacted by the Kii&'s most Ex^He^
Majesty, by and with the advice and consent of the Lords Spiritual a£l Teloral an^
Commons in thw present Parliament assembled, and by the authority of tfie same Cfmm
«.d after the .«h Jay of April 1776 all the duties which were imposed upon ™i: bmndv
eaudeviede liqueur, within the said Province, and also of a./, per centum arf X^ on
M..f5l ,""P2r'^'''"*''V°'.fiP°'*L'' '^T *'«' "»*'* ft*vi„ce,' under the authc^^n""
Most Unstinn Majesty, shall be and are hereby discontinued ; and that in lieu and mst^d
hereof, there sha|l, from and after the said ftth Jay of April 1775, bejuised, lev^S?col"S
lf,?r ' "r ^"* ^T'^' r*. ''"!""""* "uccessors, for and upon thfTespective g^od Ze-
maftcr mentioned, which sfia 1 be imported or brought iAto any partof tl.e said ProJ^e
over and above all other duties now payable in the said Provinci, by any Act or AcU of
Parliament, the several rates and duties following : that is to say.
{.Here foUoici the Table of Duties upon mm, braiidi/, Sic]
#
f the Govemor-in-
Appondix (J.)
Lords' Jouknals.
The order of the day being read for the third readin.^ „f the bill ei&M"; 'f l',
FrdV"^J5' of the 14th year of His Majesty Kin. G^eoie he Tl i d tr establist.V:
ESS;SSefc£'?F^{i::^irS£'^^^
lUvas moved that the said bill be now read the third time."
tVnich being objected to;
The question was put thereupon ? ' i
It was resolved in the affirmative
" Dissentient — '
Lowe'!'S'''K °"' t"»«'/«™J'> '•'« Legi^lntive Council nnd Assemblies of Upper and
Actot'thl . ^' I' "f^"*""' "PrP"'*'"" "' the dutiesXied iiXThe auUiorily of the
Act^o^tlie 14 Geo. 3. chap. 8«. hithcMto applied, by warrant of the Lords of the ?reas,.i^'
*■ 4 towards
«S,
iu •»
a'J twg'ifcw ' M m«^A ^
■\t
V
156
CORRESPONDENCE RELATIVE , TO
^HE
IPPER
r WADA.
No. JO.
Sir 1-. B. Head to
Lord Glcnelg,
12 March 1838.
End. 3, in No. 29,
towards defravini; the expense of the administration of justicev and the" support of the civil
government in those Provinces respectively, ty authority of th^ game Act.
" " Tlie Uuuse of Assembly of tlj? Province of Lojver Caiiada^^as, up to this time, omitted
to make anvKpermaJlent provision to defray the expense of thosp cliarges in that Proviilce;
and the jutlges and others employed in the administration of justice, and the covernor, and
the oftkers of the civil government, are left to be provided for by ^nual vote of the Legislative
Assembly of the Province. '
" These prson% will thus become dependent upon the continued favour of the legislative
Assembly tor the reward of their labours and service; the administration of justice within
tlie Province of Lower Canada can, no longer, be deemed iidMpendent ; and His Jllajcsty's
subjects will have justice aduiinistcred to them by judges, al^d will be governed by officers,
situate<i as above described.
" " ff'ellim/ton."
Then the said bill was read the third time. , • ,^
The (niestion was put, " Whether this bill ^Hill pass ? " ^^
It was "resolved in the affirmative. , «
_: U -^
Appendi]( (K.) " '
(1 & 2 Will. IV, chap. 23.), *
AN Act to iuiicnd an Act of the Hth year of Ilis Majesty King George the Tliird, for
establishing a Fund towartls defraying the charges of the administration of Justtce, and
support of the Civil G'pvernmciit of the Province of Qijebec, in America.
(Preamble recites 14 Geo. IH; chap. 88.) ' .
"And whereas the said Province of , Quebec hath, since the enactment of the said Act,
been divided into the two Provinces of Upper and Lriwer Canada : And whereas it is expe^
dient to make further provision for the appropriation of the duties raised, levied and collected
under the said Act : Uc it therefore enacted oy the King's Most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal; and Commons, in this
firesent Parliament assembled, and by the authority of the same, That it shall and may be
awful for the J&gislative Councils and Assemblies of the said Provinces of Upper and Lower
Canada, respdbtively, by any ^cts to be- by them from time to time passe<l, and assented to
by His Majesty, his heirs and successors, or on his or their behalf, to appropriate, in such
and Ito such purposes as to them respectively shall seem meet, all the monies that shall liere-
aller arise by or be produced from the said duties, except so much of such monies as shall
be necessarily defrayed for the charges of raising, collecting, levying, recovering, answering,
paying and accounting for the same. '
..iott*;
Appendix (L.)
Extracts from Letter to the Earl of Dalhousie, from Mr. \V. L. Mackenzie.
^ (From the Colonial Advocate, published by Mr. Mackenzie, of 10 May 1827.) .
■■^^o the Right Honourable the Earl of Dalltpusie.
" My Lord,
„■' f • • • • • • •
" For it is so generouij in your Ixirdship not willingly to prostrate the whole of the servants
of His Majesty at the feet of the Commons, at the mercy of their annual vote, contrary to the
usage of England, where the civil list is voted for the life of the King, while the Canadian
supplies, if allowed to pass in the way in which it is said they desire, would place the royal
authority and influence in Lower Canada entirely at the mercy of a majority in the Asseniblv,
tor the time being, and so oblige the officers of Government to court popular favour for daily
bread ; would place the judges of the land in that slavish state of deiiendence on the populace
which produced so much rial evil in Massachusf^tts, and which in the rich State of New York
lias made cheap justice a byeword, and the miserable pittance allowed the udministratoni of
the laws a reproach.
" So far your Lordship's administration is just and reasonable."
•, * # * • ' , • • *
" So far baik as in (Jovcrnor Burnett's time (son to the excellont historian of his own
times,) there were financial dilliculties in Massachusetts. They would not allow the governor
any »ixe<i salary, only what they pleased yeariy ; and when he tried to indemnify himself by
imposing a duty on vessels leaving the harbour, be was complained of to the King: the con-
troversy lasted "till his death, when, as Sir Walter Scott informs us, the Assembly relented in
tlii'ir resentment, ai>d erected a monument to his memory."
# # # • # * *•,;
Lordsfti
-- _ T* An3^Sirwm3rtfic^!wcinWy-of Lower Gnnadn to your Ltorttstiipi-wne your
unfortunately for the country, called hence, llut while the constitution remains as it is, m>
end to financial controversy will ever be found ; it is impossible. For if your Lordship frerc
to
v\ '■
^l*■■'
■>» ■ ■
y
AFFAIRS OF LOWER CANADA, &c
157
^rAffect"tr^^^ in di.;ord would supplvtheir place;
inou^ would be given to Se d.Won -Yor?n^ h" ""'""'' '" T''^ importance
New Wand StaL and the gn.a '^33 New Y^ic^.t^.S ?S^l '^A.^J^ -'- '!>«
L'VPER
CANADA.
No.
New:k„«.andSuSsa„dthr^arSTfNewY;r^^^^^^^^^ -^ - — -.•
South and West. «nH h»;„„ ;.»;„L .:.;!l . "** Jl°.*^*'".^^=e^c »r%^^ Sir F. B. Il^d to
2y.
*^
al portion of the Lord'oionelg
la March 1838.
^M>&-
AppendixXM.) '
Address to the King, on the subject of the Union of thp Provinces.
To the King's Most Excellent Majesty.
Most Gracious Sovereign : 0^^t
own mteresls and secunty are liable to be uflected by thr^ss Z result w^lT. wl T
Krc^zSt"brJ,rn;.^^^-'^ -'" -y -pUon'^f :;XS;;?„x j:ir
poSr^^hXhe^CTul^'X^^^^^
between us and the United Kingdqp,. but for the%urwse wl irh !„«- . '^' Ti '"'•'fpof^
-Ifrtlinptolffsrthe consequences of such an"exncriSt Th^^v f^^' ^""'^ **^
* • change,
^
South aiJd WestT aiidlengS w h thesTffi '"^
country of their fathers,Greft^Bnte1nrnd Ireland/'' f°™ "^ '"'
* • • • * ^ ^
pleased .0 Ibok bapk i^to"°the votuTe of E glVt" r;\:SS ^m^T^TC"^ ^^
nearly as long a republie. under the i.mfpnfnm*.^ !>f V "' ■""',/"<=y y*'" "nd that Hritani wn»
^demc^racy under iL UniteTsLtls, a'^Tthlnie 1, „?"'"'!''' "f ^?^ England has been a
they have'preferred a limited ni;chviS«ince ^'^ ^°' '" ""'' ""^ ''^P"blicanism that
? • •'•• , » ^
less .^lrbi:rLtLr;^^^^^^ »' P— t «-«»«. with a m^
l^inde,«ndentand less valuable clasrofL«rs usrnre^n/r! »/"''"=""'"«= °''"»"'. a
of education, manly principle, and honddra^"?am,V* '""""'' gentlemen
.h^'riraeSiJ^^sTrE^^ifiii^^ «™t V'^-.'^y"- ^"^-
a» a British born subject and a tWh I J„ ;. 1 P"'"='P''^^» by which I was actuated
and prosper fall as well as these. States and that I hnr^H .1! . ^T*"*' ^'"r"=* "'"''«
would be pointed out as a model for oth r governmenrf at avowed hf """' ^'''" ?*"""*"
allegiance to my king and country " k"'^'""^^"^^, I also aiowcd havu.g swojn voluntary
evrrlhallT ^"""P'^'' ^^ these opinions I remain to this day unchanged, and I trust I
-^^^^^^^ Of
" York, 23 April 1837." ^ ' ' ^ ^'^slnp's most obedient humble servant,
. " ^V-L. Mackenzie."
I,
^
•^wwirT
*- i?*^ "" ' nw i» i f^ " ri^>ji^. .
"t
%
<:
/
UPPER
CANADA.
No. ag.
Sir F. 6. Head to
Lord GlendjK,
13 March 1838.
£ncl. 3, in !
,19,
158 '^CORRESPpNDENCE R^^ATIVE TO THE
If i„ ' • _.
change, they forbear to 'Sok carefully 'nV>',#K probable cooscquenccs of an unioi
welfare and tranquillity of this particular Mition of Your Majesty's dominioiu,
WcMruestly trust, nevertheless, that TOpr Majesty will graciously condescem
sjdcr, that the jiSlitical condition pf 400,OO4P«f Your'Majesty's subjecU cannot be
than most materially affected mv> impolMnt a change in their government
opinion that such a change wovi|*ex])ose u» to the danger of cdbsequeoili Certoii
lenient, and, possibly roost niinous to the pAo and welfare of ttl^is coun|p and d
of Its connection with the patent state. "I .. ^ -^ Ic
arhis Proviri8||( we believe to be quite a^JWKe as can beMpctually (N| coriye:
rUJed(by one EjKCutive Government. UniteiEww* Lower ^|i4|JS^it wouktfqnftA tei
hVch the-'settled par^ftfrom cast to west wo^lipover ati fJ|eA# 'ilOO miliSTwt^ich ftiir
iMalf Ae year can only be traversed Wi^.' The opji^lJWf territory - -™.
■If along the same extent of froig|er, Wn^ divided mt* ((iX' Sta»«fc havmg ea(*.
■ territory of the Ui
■ b^-giiBetefl
Ibyart stibjecfij^in
iinait^.fitlep5MI^**it}|
Canada cqnlaiiiB iftailmost witl,^^^
"^' ' , wd have we same laws, «nd ii
ler country^ atid are unmixed with
free from those cauies of (diflicull
ce, we cariiurt but most earne^ly n|||>e CM||we^,
T AUiesW'il paternal regard for voiir numiirQUB
^B|k doubtful experiment to be hi
periment to be hazarded, which
itrtal to their peace, and injuripus to the
%-
bG&t Nitin&l:^,6f tlKe'mi^BywipfflM ,n . w"' i
' ' ' V ^.i."*^^ \?i S^^T'^^tsigned) John B. Robinson, Sp^flfeer, L. C.
3 MarMjt^^f' ^'•W'^-f-i>'' W 4rcAift««Af'L«.», Speaker, H. A.
S^if T^ ■...■
M'^
Appendix (N.)
siUbjectirfthe4«»nt Address deprecating an Union of the two
0. ^^ ' .
meet.
Repl|,orf||e
'lj»^170.
Sip, "• i. , .' '' V Downing-street, 21 April'||B37.
I HAVE the ninour to ackiiowled^e yoUr Despatch (No. 26) of the 4th ultimo, fli which'
you tansmit t*^e an address to his Majesty, from the Le^iskitive Couricil and Ifiitase of-
*' Assemtiiy'of Up^r Canada, deprecating ah Union between the two Provinces of Upper and
1 bte leave to acquaint you> that k(ftviBg laid this address before the King, his alajesty
becii pleased to receive the «ame very graciously, and to conuntind me to observe, that
project of an Union between the, two Provinces has not been contemplated by his
[Lpsty OS fit to be recommened foi: the sanctiopi of Parliament
I have, 8ic.
\
is\r F. Head, &c. &c. 8tc.
J
(signed) Glenelg.
. • ' _ Appendix (O.)
Mr. Hume's Letter to Mr< Mackenzie. , ^
.(published by Mr. Mackenzie, in his Colonial Advocate of 22d May 1834.)
'i'Mv dear Sir, Bryanston-square, 20 Mnrcii 1034,
'ii\Ti!i.Y rccei'vod files of the Vihdicator and Reformer Journals, and am please^ to observe
t'tijit the electors of the county of York continue firm and consistent in their 8uj>i)ort to you,
anil that you luanifest the same determined Spirit of opposition to abuse and misrule.
The Government, and^ majority of the Assembly, ajipear'to have lost that little jwitioii
of common sense and tlie pruaence which society in general now portess, and thev sacrifice
the greaU'Bt of public principles in gratifying a paltry and mean revenge agauist -■"
Your triumphant election on tlic 10th, and ejection frcftu the Assembly on tf""
hasten that crisis which is fast approacliing in the affairs of the Canadas, -r
terminate in independence and freedom from the baneful domination of the m
and the tyrannical conduct ofawnall and <}}>«t)icable faction m the colony '
1 i^gretto think that thcMN^ngs of Mr. Stanley, which mjjnj'"
of mankind as they prove, MM Bpraiice of the spirit and .liberal
^neration, encourage y.oi«HHpti to peraevere in the course tin
confidently trust jhat the Tf^JfTTBuded people of Canada will not,
awed, or cheated of their rights and libertief'by such men. Your cai
defeat woul<l be their subjugation. Go pn, therefore, 1 beseech you'
Bucces^^ust inevitably croWn w6u|- joint efforts.
Mr. OTDiley must be taught/hat the follies and wickednets of Mr. Pitt 1
the commencement of the FiWich revolution, cannot be repeated now oiti
abroad, without results very different from what then -took place, flfhe proj
1773 and 1782 in America ought iii>t to be forgotten ; and to- tli^ honour ol .__
and for tlie interest of the civilized world, let their conduct and tlie result "be ever m
ipU8t
wiU
intry,
ledge,
e present
Ik But I
8, be over-
^ause— youP'
lorious.
it, in
me of
ween
lericans,
1 iiave lately seen, with mingleil feelings of pity and contempt, the attack made by Mr.
Ryerson against my public and, private conduct, and also against those who geiJeially act
»
't-riw
AFFAIRS t5F LOWER CANADA, 4c.
150
^Tl Lv ?^„v.T^' "''"''' "^.""."S a long coU>se^^ublic l>ft I have known (ani
Mr M^ t ''"*"'" T,"y^' ' "*="" '"'^'^ " ■'•Worthless hvpocrite or »o Lse
■Mr. Kycrson has proved himself to be. • 7^^ ^*^ °
.-.wJf!lj!l**''/°'?!rPV'°u "."y statement that Mr. Ryersoa cat! toake of my private' (5r'
ofePtoVnt tSruV"' -'"' -cry opportunity^f private mfmacy a.i:, 7pub.l'^
,rlt^.m.iiatiiig to the character of man, aye, and particilarly of a pretended relicious
>en I recotiect with what eamcstnew he'sought ^d obtain^ my sS wd x^flZ
.stfihce to forward the cau«(of the civil and religious liberty whkh^ heThen^dv^cated
l^^^r. i!:/'T''T "^-^r^' ■"■* "f S^titude to me] in ?ublt l^d fn pnv«e'
S^ LT ^^' *^' "^ "^ ' »>■««, given him. . You who heard big objectio Jto any
witen. wiien you r^oHt% that I mvanably treated h m with kindness and attpminn ».
tte repre«nt«bve of a good cause, and of a distant p^CpleJthat my t^^ am d^^^^^
b««mess of .mportance. was always. gWen with plettu^ ^attend io7imTnd the object of
5^^« ."' ^^ "'" "^ ''•? '""• *■"" '•"= *''«^^ ""•I '»i«''rt'«'*« ingmtltude of such a man
k!^^^ be received with p.ty amK«th ineflable qontempt.^ When, moreover ^
knqwT, to you that there ,. not o^rA ^th in Mr. Rverson"^ satanic effuS, I ieaiL
tu. pious and rel.g,ou8 fnends ifCanada to unmask the fiypocrite anS thrtw him -a^ h^
deserves to be, an outcast from-every honest society ' ^
In the hope that I shall never again meet with so abando;ied a charaotJr^es Mr. Kyersbn
Jrhro;?r^t1.£ChVdrrfe^ '^°»"^ ^*"^»'^"' - -dication^Ct^ia
I have, &c., '
_ _ , , Joseph Hume.
rZ't . ^^u ;\^'"'" Canada are taking the means of forciii#their affaire on the
Oovemment, and will I hope succeed. . t^Tr " .
To W'.~L. Mackenzie, Esn. M. P. ^ . , >»— <* «
York, Upper Canada. ,. | \ Z*^
UPPER-
CANADA '
Ho. 29.
air F. B. Hen(l ti
tSpid Glenele,
11 March 1838.
End. 3, in No. *cf
Appendix (P.) , , .
From the " Consfitution" of 20th November 1837, (published by Mr. Mackenzie). ■
The Constitution.
,Z \l '" '■"P<**'"^''' ?"PP»«« t''e Canadians dread your power. It is not easy to believe
that tie abstract duty ^of loyalty, as OJstmgBjshed from The ^ntiment of loyalty, can be^ve™
SnTI ^ A ^■'* "g.^' "^ '''JP*-"°S ^""'P*»'» '''"°'«''°n has been so oftenWked in Nortl^
disgraceful. I^either does it seem to me that a sense of national pride and importance is in
Ciororih " '='«°"Sh«^%arded as a/enviable distinction f« rL.ain the 3? dependen"
En^ Tfl- ^ H M. r''.''- Y°"' '*'""'"'°" '*«'« "P"*" the habit of fiubjeclio/; uLn the
,S^ ±r:.°n ! . y"'" '^°'°'"'"\f°^ tlieir mother country; upon their Confidence m yout
Txtn'" F f " P'^T"*"?" that they have a direct mterest in maintaining thx, con-
-Coir;«~;;^f!.~ th'" r'" V''""=* ■^'^P''^"' J""- ^''^'^'^'" S^^-^t^^y °f state for the
Cotemes, before the House of Commons Committee on the Government of Cana<la, 1826.
" We never were P'^^d -n so criti<^Ja situatt Jfej^e ne*er was a moment i . vhich it
was so^ecessary to U v.gilafl^,i|^,|^|emte.^^^rafe<6ecause there is so much to
dehcnll J^" "" ■ ^™T .""# 'eySTtTapprehely jelu«« *nd contrivance. I S ^
delicately us I can; but tb.l one truth should #^v«rWliifgotten-that.Irelunrnev«
but she.vsas betmyed."-0'ConnellV Letter to Edward Dwyet, Esq.,
jret,confidc'd __.
8 F^bi^uary 1038.
±
Provincial Q
'^
ivention.. • i,^
T.,,.n^L. . ,. .• . "^ Toronto, Wedftcfday, Nov. 20, 1833.
Thi. Cpmntion appointed to meet this winter for the purpose of takine into c(^idemh«n
W.L. Mackenzie, Corresponding Secretary, Central Uniob.^
■*jf*;,
conceal many facts, jind althougl)
" for effect elsewhere." we fe ' '
addition, that there is every'
Canad ia ns, gn d Sir John and .
*J««».^WrtiSTe=Befdrcgaid, al
nor 10,000 men, would be able
determined to be free. They have wi
sal
iir accounts, like ^ Napoleoii^s bulletins, are coloured
^>ir duty to lay them before oaf rcWsWjrwith tj^
nat efte now Montreal is eitherin irtie hahda of tUe
towards tlie^four winds of h<jfcven, or i t 1 s if!; '
^,
«'r^>
.i
ieat the opinion, that ueitht
Mth against tlie Gayadian
My years longer than the ^gt
1,000 men — no,
iple, united and
of America for
British
,(SS" ■■■ .«^i
t
, I
,:^^,,.i; ,;.,»,
160
UPPER
<.'CA>fADA.
No. 29.
Sir F. B. Head to
Lord Glenelg,
la MarchlB38.
EdcI. 3, in No. 49.
CORRESPONDENCE RELATIVE TO THE
"-wA
;
British iusticp, aiid huve met with injury and insult. They liave tlie aulemn pledge ol the
British King and the Pnrhament of Britain, made in an hour of danger and humiliation
that never again would that Kina and that Parliament take their money without their con-
sent. Have not the Crown arttlils Ministers 8ho\vn, by their late attempt and resolutions
to rob thom of their money; that British honour and British justice are miserable by-words
when applied to the colonics in America ? As Ireland was coerced for 1,000 years, so would
they now coerce, first Lower Canada, and us next. But, thank God for inspiring the
Canadians with valour in nn honest and heavenly cause — they know the value of freedom
and they will make the greatest of blessings theirs. Will England war with them ? vote
money* to deluge their land with blood? tax her people to oppress her remaining
possessions in America? No, indeed, there is no fear of that. The men who send the
Members to ParliaiBent now ai* the tjix payers, who would directly have to bear tW fifty
mdlion burtheiqi of an i^nsucCe^sful crusade against liberty — the men who owp the ships
engaged in the Canadkh and West India trade — and the men who employ the labourers and
mechanics engaged in the manufacture of Jiardware, dfy goods, iron, stationery, and a
thousand other things for^the meridians of Quebec and T<ironto. These men see the revenue
of England falliqg off, B,00O,OOO of dollars in one quartJr this year, as compared with the
same quarter in the last ; they see their commerce dwiijdnng into doubt and uncert^nty, by
the agitation aiKl coercion of the present and past years — the prospect of war in Canada
might be extettdedr to a war oil over this northern continent-— and the addition of fifty
millions to- the national debt would add to burthens already almost unbearable, while
a protracted contest would make permanent enemies of those who might soon be otherwise
made fxrends. England will never send a soldier to America for the purpose of conquest. '
• i - • I* • • • •
Tlie reader should recollect that wa are not situated like the old colonics ; they had
300,000 merciless savages, fuini3he<l by British gold and British cruelty, with tomahawlis to
scalp our countrymen on their frontier on the one side ; and they had 1^00 miles of exposed
frontier ore the sea-board, to any part of which British ships and soldiers could easily
approach, and' kill, wound, burn and destroy. But there is no approaching us with hostile
forces ; only three quarters of a mile are open on the St. Lawi^ce; below Quebec, the
strength of which is greatly overrated ; on the north we have eternal frosts, and rocks, and
fores&, and on the west and south' we have the free republics ; the Indians, few in numbei^
arc our firm friends, and, with the exception of a miserable minority of trembling officials, we
have no enemies of freedom in the Canadas.
We do not mean to deny that there are Tories. But will they dare to lift a musket
against their country ? Will they touch Head's guns and pikes, and swords and spears,
imported to shed the blood of their friends and neighbours ? No, not they ; they are pro-
prietors ; they have read the lessons of history ; they well know that reformers seek no
maa's wealth, m man's substance, no man's fair fields ; but th^y also know, that if found in
the act off fighting ugains^ the p«ophJ, to uphold despotism, they would lose their lands, be
banished the tountry as traitors, and their wealth used to defray the expense of the lint^
tural and cruel contest tlieirlpovetousness had given rise to. Some say the Orangeniei/lvilj
assist in involving f'lliiml^jiciyil war, and will stand by Head in coercing the rest of the
people ; the OranOTmeii, asftompared to the whole people, are but a handful, and many ot
them own land, whnh it would be inconvenient vvith them to ^rt with, by figiiting against
the couse for which Vieii" forefathers spilt' their blood, " Britistj freedom," the boon we all'
seek. Besides, the Uucen and her ministers treat them with contempt, disgrace their
leaders, and turn them and '^iheir principles^ into ridicule, because they are weak in Ireland.
The Catholics cit is unnecessary to say anytnii^ of. When was an Iridi Catholic found in
the^nks of tyranny ? *.* •*•••#• •
1 ,., ^
Adoitional Documknts not particularlyoreferred to in the Report, but appended by the
Committee, as affording information on the subjects treated of. ,
The following was circulated in a hand-bill by .Mr. M'Kenzie among his followers, imme-
diately before the outbreak of rebellion in Upper Canada i-^ \
I.NhEPBN'UENCK ! .\
There have beeivnincteen strikes for inde|jendence from European tyranny on the Continrn
of America; they were all successful! The Tories, therefore, by helpuig us will h^lp
ihciiiselves. ■ " <- 1 I '
The nations are fallen,'and thou still art young, ; ' ,
Thy sun is but rising when others have set ; *
And tho' slavery's cloud o'er thy morning hath hung,
•'■ The full tide of freedom shall beam round thee yet.
Brave Canadians ! God has put into the bold and honest hearts of our brethren in
tower Canada to revolt, not -ogainst " lawful " but against " unlawful authority." The
law^ays.i^e shall not be taxed without our consent by the voices of the men of our (^hoic£;
but a wicketl and tyrannical government has trampled upon that law, robbed the exthequer,
divided the plunder, and declared that, regardless of justice, they will Continue to roll their
splendid carriages and" riot ia their pahtcea. at our expense; that w^ are poor, spiritless,
ignorant peasants, who were born to toitfortour betters. But the peasants are beginning to
ope n tticir e^es and to feel their stre ngth ; tfto long have they beea JioodV^iiikcd by Baalju
<l..
tticir eyes and to feel their stre ngth ; tfto long have they beea Ju
jrriests," by hired and tampered-willi preachers, wolves in sheep's clothing who take the
wages of sin and do the work of iniquity, " each one looking to his gain in hisViuarter."
^(Canadians!
r
%
AFFAIRS 6F LOWER CANADA. &c.
followers, imin*-
161
UPPER
CANADA.
No. 2(JJ
F. n.H^
d.re deny it? D/you^lHr^tLl ^ ^1" '"'•• "° y"" '""•' oppression? Who
he.ven-bom princlp/e of the^to'STers E » " S^'^^nn-fnt founded upon the eterna"
»dU.ns whooppress and on.la4^eur coLtry put Sm din . .'T""'"' ""? P^' ''°''" *^^ ^' F- »■ HAi
,p« forth witl. the ahnies of hig people. SXsl nl. 7 "T" °^"''" «<^ "ho Lord GlenT^
fiuman means whereliyy^a put toTa(J ZvesTnd mL ^^^ "« *h«t " » by the same » March .s'gS
wicked mdivduals, that yon must put doWn fn the stron^h T.> ' \"? ""?"*"■* "^^J '"»ni«'\
WnU which Uke thesd' bad ihdividuX trlnle on ,1 1°*^ "'" -^'T'^P'y' "«<«^ govern End. 3, i„ No
Vougire a bounty for woFves* scaln.--,K.,?Tf . '*"' '»"'' destroy its usefulness
.ust pay fo, fi^do'm (breS .^Jts' tfjvl ttZn^t? 7 •"""" y""" ^'"= '^''S X^u
.1 Toronto. One short hour will deliver ^our countr?rl r"' ""^^ *" P"' <1°*° 'r^nny
lligion, peace and tranquillity, equal laws and l^i^" h" "PP'^*'*^ ""d freeiom ij ,
|e contend that «« all laws made or to I^m.^ 'mproved count>y, will be the prize.
nether should any tenun|, estate^ cCter Ll 1' ?u"^ P*,""" "'"'" ^ »«"Vd aWe
J^J^he ordinar/cou^of ^^^I^I^^^^^L^^^^^^^^^ .
^ftXt SlJ^esf '^;S»^^^i:„S^Z^ "^ ''-.^- them the
brilL by^arge,.um?of mon ;r ns?uT L'fl.^'irX' n"'"^'^.* T! "<='"'-86n7: e
gove^ment whi^h defies the law, and is therefore unlawf .1 ^ "V"'** ^' "^'^'""^ to a "
as opened the eyes of the ^ople to t" w "k^tr/1 ,"1?"? .'i^_ ^"^ P« "»-. yet
to
«0-
God
they
their
has opened the e7»7tr^rit^^^^^^^^ Ssc"^'" " l"^ ^'^ "»-> r"
hold them in derision, just aT God's Droohet ni^t^°i 'f'"= T«''e'-ena sinners, so tfiat
God sees with equal eye, as Lord of all
A hero pensh, or a sparrow fall ;
Z:'xz Scffii-eTh':- hfwo-uid'xr^ '"h/"^ "^-^r °^ <^-^». «"-
th«.Mgh the dangers of the Atlantic waves Tve and wL h '^^^ ."I 'f'^y '" ""^ '^""^''ent
to manhood, wilfbe in the midst of usfn'the day of Snr .? """''f ' "'" "' frop infancy
governors of our free choice, who would not dare t^ ir^Z\ ^^t f"' »'"• ''Gerties and for
m«n*.,„ In the present slruggle we may be su^e 27ir°" '^a '""' ^^'y '"»'' «"""> to
Head and his lawless myrmidoli^, they ^ftter all the'ro "" ''"i "?.' "'' '""' ?"' ''""-n
together, „rm them, and then deliver ouT3s ou ftmih^f '' a"^ "'""'"^ '" ""^ ^""^7
tahty; to that it has come; we must nut »h'<.m V '"' """^ "">• country to their bru-
country. If we move now as onrmartrcrusht'- "'"'"' ^' ^ ^^ '"" """^ -^^^troy this
tutions, founded on GodA. law, we3l'p,^srr for He^h "' ' ^""j to estabfish free insti-
2 Wh us ,. but If we are ^wardly^dr'al^/s^^^^^^^^
ijatlVi! ^ Ouf o7Mont:f aSouS'the'" '"^^ ^»"»^«' ^^ *"« P-j"« ^re
;^^^as . to ., and if we rise with^e' S^rS^oSr^rdesV^m; wj^.l^^f ^
;hi"'iS Sri^rSZn ;"; theTisToTtKr!;" I'^li. ''''' ^°' *"-• - "■'' '"em ;
freedom, and as such we wilfdLi^itKem^^' '^ '''" *™"" '" Canadian
'oSSTto-'roit I'uie'Xflirci^ird '* "^ ^''"''^ '°.K*^« — ' """^red acres to every
live oil thdr laX; L^veS: i'^rte'S^' ""'' ^? ^''' *^'"''« '" »" -ttl rs X
settled on them, and thflrl^To s^eSers on ChS of'Tn. :'h *1 ff "''""^ *'"' '"'^*
nianry may ftel independent and liable to imnrLfh^""* «■ '"**' "° '"*' '"e yeo-
frmt of their labour to foreignTnds The 67 rXJ^ the country, instead of sending the
and all public lands used for edJcatln inte^^r ''" "* °"'" g'^«" ♦" 'he people,
>oo,eoo^drawn from us m paySTthe sXirrn""*''' •'^1 public ^^
to one quarter, or much less, 'an7the .^mamdef^H VL ** ""'" L" ?®'=^'^'" "« ^^^uced
crooked^ paths straiijfe* law will be Cn dmn^nU i^. '^'P'"''^ ''*'* '''"^^ ""^ to muke
•ill ceasi with theEs Zt kee^ ^ """^ "''""* '^'^ '*""' *"" ^^"■--— "
lands will soon raise ouc farms to foi
Hill employers a trial of 48 years,' fi
widerness. The promised land is
torch to one houpe in Toronto unless
servation will S&ch us to put down
„„. i'' " '"'Hrove oau roaUs and to make
pes more cheap and easy, the bickerings of pneTt^
TC ""'" °f "e-^'th and property from othel
y Ijeir present value. We have given Head and
efe?^'" 'l' '^^'^""'^ were^detained in tSe
>fZ ^t V "P* k'I' '^•^ *"•'« *' i l'"' «et not the
-J J^red at from the houses, in which case self-nr*.
'helaws.- The7e"^a;e7oi;;?irm:„"r"asl°enllr^^^^ ™^^" "P i" th" deSc^Tf
;• m prosperity, but who will skulk in Ye rear C ' of t'f ' ' T' ''^'' *""''' S" ^'^^
fhem.' they are those who, in afterXirs wiS 2Jk ?^ ! . **"'^* possessions; mark
'««ilutu.ns into an aristocracy of wJBTt^ ' i„7L JnrP^"" S""'?''' '^'^ S!"»nge free
energies. ' ^B '^ ' "" ""'^ '""'* ^^ 'etter their
n^.
1*^
^..-'-
I
UPPER
CANADA.
No.ay.
Sir F.'l). Head to
Loid Gleoelg,
l'« March 1838.
Encl. 3, in No. tQ.
162 CORRESPONDENCE RELATIVE TO THE
France or Eneland, natural finHfnllr ""*' »»«"ll«^ f'^f • "government of
rranre or =•% " ' aajKHB^HRPP V^^^j educalion £0 nil, niillion» of acre*
XtX=ul7rliMP|ra«U.^^^ the world; but Mop! ,
01 lamm „„„_„™tft.aiiHa BlHSmSs attendant on independence.
"•^rrti 3;Si£ff!^.Sdyyour nftea, ^^Fmake abort work of it A co„.
nectronwthEnela^SSSw involves in all her w»r.. undcrUken for her own Wvan^age,
nefer fo oura Witbftoverno™ from England we will have bnbery at eteotioni, corruptmn,
vto and^t«t&rd m every tSwnship, but indfependence would g,ve ua the n^n,
of «^hW Sr bleHBing*. Our en^le. in foronto are jn terror and diamay ; thev k^ow
S:Lwe7t^ttt?:ri.'';.:S ShtplWlffp-d ^«i^ou^ehar^e of
^.„t!f XnaMhv a Tory fool : and though it ended in smoke, it showed tdo evidently
HlTfS l' S,Iru> tf ;« end of 'theaething,, ? Aye,' and now'a the day and the
hour' W^irbe thoae who oppose ua, for " In God IB our trust.
M^!'* : . -
^ * RB. Head. ,. .-, "^ •
'Militia General Order.
Government Houae, December 1837.
BrfExcellencvthc Lieutenant-Governor appl-ehenda, from recent accounts, that it may
U Ka.^for7he militia of this P«mnce to unite their efforU to those of their brave and
!lSX7subj«ts^f Lower Canada, in order to pt^ down rebellion, and to maintain the
"'?^*^£KZrS'T..^Ju "^^^^^^ the requisition of the commander of Her
VaJ::tyTM^
ttrelt%nt.""i.^^^?^^
ever number of men may be required for miliUry semce, m aid of the Queen a torces o|||e
'^"^TLi^Z^'^^^^u^otll^^lT^^iy. and bravery df the militia of Upper «
-rTndlrmgTtt^'''^'^'^ ^ their aoWign. and maintmmng tlmt character whicli h«
•^ClU iKV iH aw^^ diatinguiahed them wLerevcr they have been called into the field
£ Exceui*rP?i4'«^ ^ authoriiethe forming of any ..idependent volunteer
^mpanics for the dbove?lfervice.
■■^
■"%:
j^
^
PETITION addressed to Colonel U^ Nab, by Rebels in the London District
j/ilL. .• .. ^ r T? • »l.„ 1
'f..*j,
To Allan Napier Mac Nab, Esq., Col
lei^lBijmmanding the Quel's Forces in the Londoiripf
fet,6Sci.8u:. &c
^\
f
Thelmmblc petition of certain ,^^babitui^ U the township 'of Norwich, lately m anus
against the Government ^i|ttusProvin|p— - ' ■ ' -J j , ■
Sii Ew FTii :-That, we^^ pkiilfiire, being tnily sensible of the great error and wicked-
ne»a which we have ikteli^iTtted, in Uking up arms againatlw^r Slajeaty's Gove^ent;
^00^00^ on wlioselpart we do not pretend to say t&at we have, any rea^ wrongs or
ancTto complain tf boL we have'^been led ^,«way by Charles Buncombe, Eliakm,
Aim and othe'r wicked-p#gning leaders^ have jnduc^ byprom.se of large
E^luof ami and great p J%o^ M^rvices, to tak*% anHs againi^r Majesiy « Govern-
^i,atl who have now^Stseltdeserted us, ^d lefvS to SMW^r with our I'-eswil proKr-
^Tfkr tliose crimes which they have themsefves commtt^^ do therefore^*** huA ,
Ced. >^. ~ take our cL, ijito your kind i«J|»!»ition,-anrf to intercede ajtlrh.
ivinc^SB^granf iSs a pardon for our o^^ces.
subdued^ and we throw, ourselves rintirelj
'id alL if such^ngrcy be extended to u«,th»t
loydbubjects to the Government of her
I on^^ring in our .arwi, but also use our
ofthelati insurrection, aiid bring them to
Excellency the Lieutenant-Governor of this
^. We acknowledge ourselves iffbe compf-
tipon your mercy ; and wc hereby preraistf
we will from henceforth live aS peaceabll ^
Majesty^Queen" Victoria, a«id jihat we w
iitlnqi* endeavours to apprehend tlie ringl
^" We are\hua induced to' address you, Sir, not only from the exalted position wh^^M^-fg
as the first Commoner in the land, snd Commander of the Queen's forces in this P«rt of ti
Provi>.ce. but nl, from our knowledge of^ur kind and b*'*-"'*''^ f Ci^habll Lw
have hud ample pr.x,f in the protection of the lives and PJ^^P^^'** "^ ^f^ .'"''"^''""t f^
your amval amongst ua, and which we trust you will exert m our behalf, t" relieve us from
our present unfortunate situMion: And we, your petiUoners, as in duty bound, will eve,
Pfay, • jj, ^ ^g„ed by one hundred and three petitioners. ^
s" PROCLAMATION.
Three hundre<l acres of' the most valuable '""^J* J" <^"';'^» "f .j'V^'X" il'ootS
who may join the Patriot Forces now encamp oA Navy Island, U. C. Also, |100 in wver,
— {)ayabk -«aa;«»r b ct u re the I st of J l ay 1 — •
By order of the Committee of the Provincial GovennenV
i W. L. Mackenzie,
Navy Island. Tuesday, Dec. 1», 1 B37. f • Chairman pro. tern.
■^^^r
ch, lately in arms
AFFAIRS OV LOWEI^CANADA, Sec.
103
SPECIAL MESSAGE;*ftom the Ilonorablq W. L. Manaj, Governor of the State of New
York, on the subject ef the Capture of the Piratical Stoaiu-Uout "Caroline:" dated
Albany, 2 January \titl8.— ViJe page tti.
MESSAGE of the President of the United States, on the subject of the Capture of the Pira-
tical bteam-Boat " Caroline."
House of Representatives.
The following Message in writing wag received from the President of the1^mted"stat^i ;
To the Senate and House of Representatives, United State*:
In the highly excited state of feebng on the northern fronUer, occasioned by the dwturb-
Mces m Canada,jt was to be 4pnreheude,l that causes of complaint might arise on the line
dividing^the United States Irom f.er Bntanmc Majesty's dominions. Every precaution was
Aerefai*?^aken on our part authorised by Uie existing faws, and as the troops of the provinces
9fK embodied on the Caiiadian side, it is to be hoped that no serious violation of tL righu
of the United States would be permitted to occur. 1 regret, however, to inform you, that an
outraKe of a most aggravated character has been committed, accompanied by a hostile
though temporary invasion of our territory, prodjjsing the stllgest feelings of rebutment on
<hepartof our citizens in the neighbourhood, and in the whole bonier line, and that the
excitement pteviously existing had been alarmingly increased. T6 giiiird agaiiist the possi-
ble recurrendr of any similar act, I ha»e thought it mdisjHjnsable to call out a portion of the
nuhtia tohe ^ted on that frontwr. The dociimeftts herewith prcseut&l to K)ncr('8s will
show the character of the outr»ge committed, the measures taken iij cotosequence of its
occurrence, and the necessitv of resorting to them.
It will aUo be seen that the subject y>M immediately brought to the notice of the British
Minister accredited to this cduntry, and the proper steps taken on our part to obtain the
fiillest ii^orraation of all the circumstances leading to and attendant upon the transaction
preparat&ift^p a demand for reparation. 1 ask such appropriations as the circumstances in
which ouf|Buntry is thas unexpected]^ placed itsquire.
U7- I. JBKn I ^- ^"^ Siren.
WashmMHto January 1838.
LETTER from
'orsylh to Mr. Fax, relating to the Capture of the Piratical Steam
Boat " Caroline."
c . - .^^ " Department of State, Washington,
„\ , „ f^K. 6 January 1838.
By the direction of the^Kdent of the United States, I have thft honor to communi-
cate to you a cony of the evilfese fjimished to this department, of an extraoniinary outrage
committed from her aritaiYHic Majesty's Province of Upper Canada, on the pewons and
property of citizens of the United (states, within the jurisdicUon of the State of New York
-The destruction of the proijcrty, and assassination of citizens of the United States on the soil'
of New York, at the moment when, as is well known to you, the President was niixiously
endeavounng to allay the ejiiitement, and earnestly seeking to prevent any unfortunate
occurrence on the frontier of Canada, has produced upon his mind the most paiiiful emotions
of surpnse and regret. It will necessarily form the subject of a demand for redress upon her
Majesty s Govcrnmenty This communication is made to you under the expectation that
throughyourj^tnimg^tamy, an earlycexplanation may be obtained from tiie authorities of
Vw^T Cufiada, oIWl the drcumstances of the transaction ; and that, by your advice to those
•Bfthorities such decisive precautions may be used as will render the perpetmtion of similar
•ets hereaiter impossible.
Notdoubting the disposition of the Goyernment of UpperCanada to do its dutv in punish-
ing the aggressors, and preventing future outrage, the President, notwithstanding,lias deemed
It necessary to order a suffici^ht force upon the frontier, to repel any attempt of a like
character, and to make known to you that if it should occur, he cannot be answerable for the
ettects ot the indignation of thfr neighbouring people of the United States.
I take this occasion to renew to you the assurance of my distinguished consideration
To Henry S. Fox, Esq., &c.
John Forsyth.
Speech of Mr. Rhttt, Senator, South Cwvlina, in the United States Senate, on the subject
of the Capture of the " Caroline."
M K. Rh ett deprecated any premature expression of opinion on the subject. He thought
the House should, m the first place, look at the matter calmly, and ascertain who was to
btame. One gentleman has said it was the fault of the administration, another gentleman
Bad laid it all on Great Britain, while others had taken a diflerent view. Under these cir-
cumstances; he considered it highly important that it should tecarefuliy investigated^ and
lie reaOy lay. Was it with the Administration ?— Candor, cer-
nrliilut n^it n ■u>.r_>.1... _ 1.1' ^.-_ _ ■■ i ■ . ■ ■ % i
MCcrtained where the blame „,. ..„ ., „.„. ^^ ^ummisirauon :-vaimor, cer-
tainly, would declare not, whdst not a regular soldier was available at his command ; and
the civil nfiirpr«i nn th«> fruntinr urK<A liarl Knn., .nnll.,^.1 a_. .i. _^' !. .
_^'"^,^'vjli?fficg KL°n^the f ro n tifir ,^ jv h o had b ee u ^altod upea to repr c M the e:tf.itemeii t, ^ peitt=
oy their conduct to have been the instruments of increasing and continuing it. How, Sir,
asked Mr. R., had the difficulty commenced ? Was it not caused by a fugitive from Canada,
'*'''• V 4 * a traitor
CANADA.
UHHER
No. 2if.
Sir F..1I. Head to
Lord Glenclg,
13 March 1838.
End. 3, in No 2(|.
^
164
CORRESPONDENCE RELATIVE TO T^E
IPPER
CANADA.
a traitor according to the lnw« of his counti-y, for whose head a i)ricc liad been otfcrcd,
comiiur over the hues into the United States, ond in open-day, in the streets of niifl'alo, by
No. 21). his inflamnintorv 8|)«ieches, inducing the citizens of the United States to take up arnw, and
Sir F. U. Head to assist m a rel)ertion of the subjects of a friendly powur, who was rightfully endeavouring to
I^rcl Gleneli;, maintain her institutions ?
la March 1838. This fugitive had not only been harboured and entertained by us, but recruits from
amongst our citizens wen> ontnily mustered to his standard. Now have wc forgotten the
F.ncl. 3, in No. ag. in^g of nations, n» we applied them when General JackAon seized upon Pensacola, because
her authorities harboure<l our Indi^ enemy, and furnished them with munitions of war ?
He then ably demonstrated, by the gentleman from Massachusetts, then Secretary of State,
that for such a cause we had a right to take possession by the sworid of the city of a friendly
nation: and have the citizens of Buffalo done less than the Governor of I'ensacola ? He
k commented at some length 6n the law of nations, as far at related to the. puntuit of
" enemies over neutral ground, and the practice of otfr own Government in -such cases. He
said It would be well for gentlemen to i^erse the matter, and to supp^ ourselves in the
situation of the Canadas. ' Supj)08e the subjects of Great Britain should gather together
upon our frontiers, in combination with some discontented factious citizens, with the avowed
purpose of overturning our republican institutions, how would we bear it? and how would
wc tolerate the idea that munitiuiis of war. provisions and (irc-arms, should be furnished
these our enemies by British subjects ? Unquestionably we would consider ourselves as
grossly wronged, and would be very slow in recognizing any spirit of friendshij) us dictating
such means.
-; We would not look to individuals^we would properly look to the Government, whose
duty it was to control its citizens. Inetficiency was no plea, for then we ought to cease our
existence amongst the family of nations. As to the steam-boat affair, before he made up his
opinion as to any outrage committed by the British soldiery, he must know all the facts.
Should it turn out that this steam-boat was actually in the possession of the hostile islanders,
used for carrying articles contraband of war, he was not sure that the act was net perfectly
justifiable according to the laws of nations. At all events it was a gallant enterprize, and
audi as, he doubted not, every bold man on this floor would have deemed himself morally
justifiable in undertaking. But we were ignorant of all the facts. So far, however, as they
were known, the citizens of the United States were aggressor* througliout. As they would
get all the glory,, they should also take all the responsibility, in defiance of th^ laws of their
' country, of assailuig :i friendly nationi
Mr.' K. was nol^iing into a war upon such indefensible causes. One war, with a debt of
1110 iiiillionii, was enough for one generation. War was dangerous to the liberty of any
pooi)li', but especially so un^r our free institutions, whose very existence was based upon
n jfttlousy of jKJwer accumulated in the hands of Government. In this affair we had, so far,
nothing to be proud of. We had been the first aggressors, and should act the part of an
honourable aggressor, ^knowing that we were wrong. Mr. U. concluded by urging on the
house to pursue an honest \policy, and to exhibit an upright, honourable bearing on the
subject, worthy of a free ana>cnlightened nation.
Messagb
Of bis Excellency Sir F. ft. Head to the Legislative Council and House of Assembly,
acquainting them of his Resignation of the Government, with their Addresses in answer
theTeto.
F. B. Head.
The Lieutenant-Governor informs the Legislative Council, that in consequence of this
Province being invaded and assailed by a foreign enemy, and bcinc the scene of actual
military operations. Colonel Foster, the officer in command of her Majesty's land forces,
has assumed the entire military authority and command over the troops ; that he is also in
command of the militia ; and that the Commissary-Generol at Quebec has communicated to
the officer in chnrcc of the Conunissariat here, that consistently with the rules oftlie service,
no expense* can be allowed unless sanctioned by the authority of the military commander,
upon whom the protection of the Province has thus necessarily devolved.
The Lieutenant-Governor takes this opportunity to communicate to the Legislative Council,
that having had tin; misfortune to ditfer from Her Majesty's Government on one or two
points of colonial policy, he felt it his duty, on the 10th of September last, respectfully to
tender to her Majesty's Principal Secretary of State for the colonies, the resignation of the
important station which for a short lime he has had the honour to hold in this province.
His resignation having been graciously accepted, the Lieutenant-Go. emor has to inform
the Legislative Council, that he yesterday received official information that Her Majesty has
been i)leased to sip|>oint Colonel Sir George Arthur to be Lieutenant-Governor of Upper
Cannon, and that his Excellency may be expected to arrive here in a few days.
Under the peculiar circumstances in which the Province is at present placed, the
Lieutenant-Governor feels confident, that the Legislative Council will rejoice with hiin at
the approaching arrival of an officer of high character and considerable ex|)erieiice, whose
rank in the army will enable him to combine the military command with the civil govemmeut
of this province.
Govemmeut House. If January 1838.
r!a ..':
auaxj:_
[A similar message to the House of Assembly.]
AFFAIRS OF LOWER CANADA, kc.
id&
HanoTcnan Ouephic Oder Knight of the Pru.«.n Military Order „f Ment, Lieutou.nt-
Oovonior of thn I'rovmci' of Up|Hr Cuniidu, &f. &c. &c. t-'euiouaiu
May it pleBHft your Excellency:
We Her Slajwtty'B dutifnl and loyal "ubjecU, the LeRislutiv,. Council oV Upper Canada
m Provincial Farlmnxmi aH.m„bled. Ix-g to return our rtHpertful thank- to M'fixLrncv
for communicating ^, u. the fact, which Ih at this cri«i« particularly impor^t, thrbyS
regulation* of Her Maje.tyV nervice the command of the troop., ami ,,f tKil^ia empToyed
m defence of fhiH Province, can not be united m your Lcellencyi, Jreon wT the
•dmiiiiHtrationofthecifdgovemnient. '>-»iy " person witn tne
If your Excfillemy were to continue to represent Her Majesty in thin colony wc an-
persuaded, that under the.pr,.HentcircumstanceH. hucI. a He^a4tion of 11,^01^1^07^2
and exiK^nence, although they are by no means inconi,«ail/le wiUi the p^Juliar nunlifi7atmn«
r£/.o%xrdu"m/ir.r.S2r' *■""""""• --^ f- - '-« ^^^>^z
Wl. beg to ^sure your Excellency, that we lean, iith extreme'itfitft that the civil
govemment of thm Province ,. to contrnue for so diort/time in you^Kcelle.iey's chaic
iLln^ I T.r"Tn"'';L'l*^''^"'»^'»*''"'»y°"' Excellency. y\L hme .UerTso
ewentmlly from those of Her Ma.esty's Goverament that your Excellency was inWto
tender your resiu.iaUon ; but we tnow, that at no pc-riod in the history of dppT Canada has
U. political condition been such as ought to be more satisfactory ll. th. Mitiister? of the
f ^r; Tu T '^'.'.'^f T UpP«r Canada only, buttlie empire, owes to ~ErceUencv
alargecebf of gratitude, for your firm and manly avowal,'upo„ all .Jasions, of those
«nt.ments which beci.me the representative of a British Monarch, and for tfl u, JaVerine
It is this fearless adlierence to right principles, rather than U, expediency, which has
emb led your Lxcellencv to rally ro.inj the Government, in a moment ofdanger, the arms of
an umud people; an.f to exhibit this Province to our Sovereign and to the world in
KsJLT ' "'"»*"^""""'"«'f""t» brave and loyal inhabitants the highest admimiidn
^If the result of your Excellency ;» firm and um;ompromi»ing pohcy shall impress upon Her
Majesty » Government the cm.vict.on, that they need not fear to support in Upin-r'ca.ijrt"
U^c pnnaples of the Br.t.sh Constitution, it^lfl have Dro,luced an eAect of inftnte value ,
_ But th.v Legislative Council cannot refrain from expressing the regret with which thev
have observed, in the case of your Excellency, a.id of y'our resjeeted a^d gallant Sec.,, r^
nr^rt";dTiT*'?r?''*''''""''^^"'r'''."'' "-Colony ha's seemed mcapebl «rS
protracted, with sat.sfac ion to yourselves, beyond the period when it became evident that m
subn.iHsu.1. wouhl be riiade by you to a spirit of fictions discontent/which nothing c
apoease but the destriictioii of BntiBli rule.
VVe beg W.ur Excellency to believe, that the Legislative Council will ever' entertain ■>
grateful recollect.on of the justice and condescension which tNey have always had occas on
. acknowledge in their intercourse with your Exellency ; and that they p«rt.cip,.le ,Sv m
tlie feeling of general regret at your Excellency's approaching departure from tU ProvWt'
Lrgmlative Council Chamber, John B. Robinson,
17 day of January 183H. " SpTaker.
To his Excellency Sir Francu ItomI Head, Baronet, Knigl^t Commander of the Royal Hano-
verian Cue nt\i. Dnl^r k'n^l.. „»• fKo 0,.,„..:„_ llfi;!-^ ^>JT ,. , ' '^ ""3'"' "HIIO-
Oitler of Merit, Lieutejiant
^ IS House of Assembly, in Pro-
icy ioc your Excellency's messnae
verian Guelphie Order, Knicht of the' Prussian
Governor of the Province of Upper Canada, iitc.
May it please your Excellency : ' ,
Wk Her Majesty's dutiful and loyal subjects the''
T.T'.'^^k'''""''"*.'"'*"''''*^' '"""'''y *''.»"'' ?""' E,ee..e.icy<,or vonrtxcellencysmessnae
hi; „ ^ilJ "i • '■°™,'Tr''''"S '° ""* "'"'^''' """ "'" C*>»equence of this Province
being invaded and assailed by a foreign enemy, and being the scene ofactual military opem-
twns, Co onel Foster, the officer in command of Her Majesty's land forces, has assumeS the
entire military aiithontv and command over the troops; that he is also, in command of the
miiitia, and that the Commmgary-Oeneral at Quebec has communicated to the ofKcer in
charge of the commissariat here, that consistently with the rules of the service, no expenses
Se nr^.l " f yi *?.' '"'"'"•'°"' ^X ""e authority of tTie military comman4«. upon whom
the protection of the Province has thus necessarily devolved." ^'^
.l.illl.".!f'™f '"/''['' ''"*'i«'« *« can only express our earnest hope that this regulation,
Mien the rules of the service appear to have rendered necessary, may in no respect impair
tneeftciency of the operations Tiitherto planned and directed by your Excellency, with so
mnct| success for the preservation and defence of the Province against the attack of foreieii
Mrt domestic enemies. ^
W " th'"^^ ^"'1^';^ in formed fey^oa^£a^^eflcy,yatM«Bg^ttd the m isfur t ww to^ d iffer f w wH-
ner Myjesty s Government on one, or two points of Colonial policy, your Excellency felt it
your duty, on the 10th of September last, respectfully to tdyier to jifer AJajesty's principal
"**'• ' **■■ Secicturv
CANADA
IIPPF.U
Nil. i().
Sir I. a ricjd to
Lord Gteiieig,
I'i March .838.
End. 3, in No, tQ.
./
,'-./.•'
i
\
jT VPPER
• ( ANADA.
^r I . li. Head to
I nrd CUenelg,
12 MarcK 183S.
End. 3, -.n No. ag.
(,:
■Mi
1
M
f
tl. I
■ -5
166 CORRESPONDENCE RELATIVE TO THE
Sccrctarv of State for the Colonic*, the resignation of the important station which for a sht^rt
tihie your Excellency has had the honour to hold in this Province, and that your Excellency s
' rcsicnation had been craciously accepted. », „ , j • .„. r
When this House recals to recollection the events of your Exec lency 8 adininistratioii of
the afiuirs of this Province ; the universal respect and confidence with which you are regarded,
arisinir from your Excellency's firm and uncompromismg ^ildherence to the principles of the
Constitution, and which has afforded to the inhabitants of , this .polony various opportu.utie*
ofVovintr, not by words merely, but by acts the most convincing and undeniable, tl.ey- hrm
uns'haken loyalty to their Sovereign, and their desire to maintain their comiectipi. w.tl, the
parent Sfcite.Si. contradiction to assertions and insmuations qf a contrary tendency «e can-
Lt but^ew with alarm the .lisclosure now made, that your Excellency, has felt yourself
culled upon to resign the adininistration of the Government, on the ground stated lu your
^iT'S'ExcelS's measure, and policy have not given satisfaction to our ^^racious - ,.
Queen, we are drivel to inquire, in the most humble and res,H.ctful but so emn maniiei what
course of policy it is that is expected by Her Majesty, from Her Majesty s repn-sentafve in
this Province ? Deeply impressed with the duty of submission to the constitutional exercise
of the Royal Prerogative, we do not question the right ol the Sovereign to select, her renr*.
siitafve/in this or" any 'other Colony of the empire; but we -;"l!»«'««%'^;;^, "["[^f "
impelled by a sense of^luty, suggested by a desire to maiutiMn our alkgiance, »"^wh,c Mn
our part, can never be laid aside or forgotten), humbly, but earnestly and « »E^"»tical ly
declare, lluft if anything be calculated to shake the attaclm.ent of Her MajestySb now truly
loyal and devotedlubj^cts to Her Ro^al Person and Government it is l^^";;** mjhs ic-e
or\he manifestation ol ungenerous drstrust towards servants who have ^^r^eAih. Br. h
nation so faithfully and n^lily as your Excellency has done. . It will ^e 'he duty ot ths
House, before the-closfc of the present session, and when '""l''J""y '"'^"^^.'i ° ,/;'^*^i' V
express more at large the feelings and opinions they entertain on this painfully mtere.t*n!/
^InZrlitS t beg to assure your Ex.el,.n<.. that this .House, ""iJ^;;; P^£,^ '
the Province, will regard your Excellency's relinquishment of its Government a* ^ calamity
o the most s'erious ifature%n.i which m/y result \n difficulttfs '»"d d'ssens.ons that canno
be easily repaire.l or 'reconciled. We however are fully persuaded, Uiat the blame ca^^
rest witliyour Excelleiuv; and while we sirtcerely and most willingly a«kn^ledse the ze^,
ability, justice and honourable disinterestedness, with which you have conducted <_'":* '"vcm
ment oVthis Province, during your short but eventful and arJ^aousadrnmisfration of tsafta^^^^
we beg respectfuHviiid^atTectionately to express on behalf of this I'^'"'^,';;"";/" '"'
hope That our E^ifcy's prosiH^rity in future life may ^^ '/'f»'="^'"'^^ y^^^'^^ ^•"^'
deL, aad lasting as they are, upon »ut gratitude, the approbation «f our gracious Queen,
and the applause and acknowledgment of the British n^tiori.
Commons House of Assembly,
10 day of January 1830.
1A
II. Haltan.
Speaker.
Extract
^
— :. ■'4
in 'July
, fcXTBACT , ^
From the speech 'of^Mr. Papinmu to the Electors of Ihe West W% of Montreal, i
V«0, when hs w&s returned, with Mr. Garden, withoU^pposition.
"Not manf dAs have elapsed since we assembled on this spot for the same purpose as
tliat whifh uo\« calls us together, the choice of. reprei*ntatives. The opmirtunity ol tlwt
choice bcingicAsed by a ureal national calamity, the decease of that beloved Sovereign who
ha.l reignef over the inhabitants of this country, since the day they became British sulyect,,
,t IS impossible nyt t,. express the feeling of gratitude for the many *nefiU receivei| Iron.
him. and those of sorrow for his loss, so deeply felt m this, as m every other portiW. ot his
cxtensivfe dominions. And how could it be otherwise, when each year of h.s long rc.gn has.
been marked by ww favours bastowed upon the country. 1 o enumerate these, and to fletail
the history of ti.is country for so many years, would occupy more tune than, can be «^red by
those whom 1 have the honour to address. Suffice it, then, at a glanfe, to .cyinpare our^
present haWy s^t""*'"" with U.at of our fathers on the_ eve ,«.f Jhe day when Ceor-n^the
Third tecame th^ir legitimate monarch. Suffice it to reColl6c\, that ^nder ijw French
Government (internally and externally arbitrary and oppressive) ^he interests 1,1 this country
hadbeetimore frequently, neglected and mal-adminisu-red than anj, other part "f-;";'';;-
• pendencies. In its estimatf*. Canada fbms not to have been consid^cd as a Country Vl.ld,
■ Lro fertility ofioil, salubrity of climate, and extent of tcrntory, might ha.vebeen the peacetul
abode of a numei .us and hippy population, but as a tnilitaly |)6st. whose ^le ^mrrisol. was
■ . . 1: _ :_ _ ...-■_./ L^i..^t,^,x\ ,„aT(am anfl inKPCuritv : freuucllt suffering IfOin
iblic and
_ Icr year
ind fami-
ikes, the
<^ich'
abode ol a numerous anu nappy popuiBuuii, uui ao » uiii.».«j |~--, ■■•■
condemned to live in a state of per|)etual warfare and insecurity ; trequ
famine ; without trade, or with a trade monopolized by nrivileged comp_..-
private property qften pillaged, and personal liberty dafly violated ; witen
the handful of inhabitants'^ettlcd in this Province were dragged frgni thwr
lies, to shed their bipod, and carry murder and havqc from the shdrcs o6t,
Mississippi and U>e Ohio, to those of Nova Scotia, Newfoundland andH "«-2"5i — .- .
was the situation of our fathers: behold the change. George the T%ird^V **>vere^n rt-
vcred for his moral character, attention to his kingly, duties, and love omua subjects, ruc-
ceeda to fa&aia XV.. a pnncc then deservedly ilc&piged for his debaucjiery, fus inatteiitio iUo
the wants of hiJpeople, and his lavish profusion of the puhlic. monies uj*6ir Bi*o*rrt« ma
miflre»*. Koln tliat day, the reign of the law succeeded to that of >.ol6nce ; from Jmt
li • '• '• .
;.*
AFFAlftS OF LOWER CANADA, kc.
m
LPPER
CANADA.
day, the treasures, tha navy (tnd the armies of Great Britain, are mustered io afford us an
invincible protection against external danger ; from that day, the better part of her laws
became ours, while our religion, property, and the kws by which they were governed, remain No. UO.
unaltered ; soon after are granted to us the privileges of its 'free constitution; an iqfallible Sir E A. HeaU to
pledge, when acttd upon, of our inteimal prosperity. Now religious toleration ; trial by jury, LordGlen^lg,
that wisest of safeguard^ ever devised for the protection of innocence; security against i». March 1838.
arbitrary imprisonment, 6y the privileges attached (o the writ of habeas corpus ; legal and' . "~~,.
eoual security afforded t-o all, in their persoii, honour, and property; the rightto obey no '•"'^'- 3> '" f*" ^O'
other laws than those of our own making and choice, expre^4 through our representatives ;
.all these udvantdges have become our birth-right, and shall, I^ope, be the lasting inheritance
"of our posterity. To secure theni let us only act as British' subjects and freemen. — Quebec j-
Gazelle, ltt20.' , .. ' . '♦*'
to our ^jraginus « ^,
,j — No. 30. —
(No 35.)' ' : ^ ■ ' ■
Copy of a DE^ATCH from Sir F. B.. Head,%ATt. to Lord Glenelg.' .
My j^ord, , ' Upper Canada, 'Toronto, 17 Marcli 1838.
I HAVE the heteoifr to transmit to your Lordship he^witli, in complianco with ' j^^j
te request of tfu^ House of Assembly, to be laid at the foot of the Throne, seven isjj j.- p. Hpa<t to
ddresses from that House to Her Most Gracious Majesty, passed during the Lonl.oicr.eli.'.
late sessioH ; Viz. ^ ': ^'^"'' 'i^aS.
itffie
1st. On the subject of; the recent aggressions of citreens of the United States
on the territory and people of this Pi-ovince, with the Resolutions tliereon.
2d. On tlie ttajje lindvCommerce of the Proviilce, witli Resolutions.
3d. On the union ajul political state of Upper ar^J Louver Canada, with Reso-
lutions and Roj^rt of a select committee. ^
*■"■■' ''^' 'i. ' . ■ ■ / .
4tR; On the repeal of ah Act of the Imperial Parliaitient respecting bills of
crcdif, so it% a? the ^flne aftcts Upp^r Canada.
6th. On.ithe proportion «i#Jutics, due to Upper Canada on ceN^in imports at
ihelmrt of (Juei^ec. , ^_,
>i8tlj*. io^iransferribg to tlh;' debentures of the Province certain moiues now
funded ItSm^pd •
7th. O^H|fcBif'iig certain' cliarges on the casual and territorial revenue to
the Clergy Kes^e Fund; ■ ' *
• _ t '' I have, &c.
*-
(signed)
F^J). Head.
F^.
»■•
, Enclosure 1, in No. 30.
Td the Queen's Most Eifeilcot,IjIajesty.
W
Mo»t,,|Sracioi»^S<>i^erei|n, - . / » r " '^.^
WE, yoilrJjj^jeiify's dutml onH Jvyal subjects, the' Commons of Upper Canadu, m Pm- ^
viii^ial HarQiau^nt' assemblctf n(^ humbly hot leave to transmit to Your Majesty certaiugp
Kc^lutiiJiis'^aiBsed b^ this Hofise, having reference, to the state of affairs between tbiS^
nfl. 1, 111 Ni,. JO.
Youf M<tje8t*8 FrovinftA)f Upper Csuifdn, and tlie United Statcs^bf Anicr)(a (a nation
"held to be in peace and amity with \ovit Majcety's Govemnicnl) whicM'havj^ transpired
suite the commenceihent of "the late most foul' and ummtural rebeUi(4t>m thia Provuice;
MHl wf\loniQi{t humbly ant) earnestly beseech Yoar Majesty most graciolwly tflT b«f pleased
to'take cwh fltpps as shall i«-¥our Majesty's wisdom be deemed necessary andt^(d|ive in
■■^^
■m
ajesty's wisduui be Ueemed necessary and ♦^(■Jiv
obtaining fit reparation to the Britifh empue for the insult and injuries coipmitted (m YiBurVrJJ'
'. . M&jesty's loyal 8ul)ject» of this Province, as well as to, protect theflfi-om sntlla^ggressian ^''
i and injury for the tim* to come. ' ' * ■^L ^
AliaA N. MaLrab,
.**» Speaker.
». **
4 _^
.*■
«f r
Commons' I^oasc of^ssembly,
* 16 Feb. »*J8,
'*■
M
367.
z 2
'..t^
^:-- '.^f^r*.
J.
UI'P£K
CANADA.
No. ,50.
Sii I . b. Head to
Lurd Gleiielg, '
17 March 1838.
End. 1, in No. 30.
168
CORRESPONDENCE RELATIVE TO THE
Resolved, Tliat sinre the treaty of ])caco betwfecn Great Britain and tlie United- States of
Amcrion, and up to a very recent porio<l, the inhabitants of this Province have lived uixin
terms of the most friendly intercourse n^itli the citizens of the hitter country.
Rcmlved, That American citizens, within a few weeks past, rcRardless of tlie feclinir
existin'j; Ix-tween the two countries, the fuith of solemn treaties, iind that state of pence wliieh
it was and is their duty to maintain, have, in optm violation of these their sacred obliirations,
witliin their own territorv, furnished, gratuitously, provisions and munitions of war,. and
have rendered every, assistance within their power to a number of individuals (chiefly
American citizens') who had asseijibled at fiuflalo, in the slftte of New York, with tli(' open
and avowed intention of i^ivading this Province, and of subverting our happy form of govern-
ment. .V,
/ii foil-id, That t'v<'n after this armed force had actually invaded Upper Canada by taking *
jHissession of Navy Island, 111 the River Niagara, belongitig to Her Maj(wty, a constant coiu-
' nuMiieation was kept u[) between them and American citizens residing in tlic state of Jlew
York, who continued to furnish the invaders with provtsions and arms, notwithstandiiiir
re]>;ate(l representations to that eft'eet, made by the olhcer in command of the forces on the
Niauara frontier, to tlie proper authorities of the state of New York.
Jii.mhcd, That the mvaders were pennitted to fire and did actually fire from Tcirt
Solilosser, and other points within J.he territory of the United States, upon British subjects in
British boats, naviLrating the River Niagara, and that i an American steam-bout, called the
Canlme, was actually engaged in the service of the pikte^ on Navy Island, carrying can-
non, men, and provisions from Fort Schlossor aforesaid, to the said island, witli the full
knowledge of the jmblic authorities in the state of New York, witliout, as we believe, any
ertectual attempt on their part to interfere.
•* Jfesolvid, That the gallant conduct of the persons engaged in cutting i>\ft and destroying
the pirativ'al steam-boat Caroline, while moored in the American waters, deserves the
wannest approbation ut'tlie inhabitants of this Province; the said boat l^inK, at the time,
under the control and in tlie service of the pirates who were tlieu on Navy Island, iii Ujjper
Canada, and having on boaitl a gui|id belonging to Ihem for its protection and defeiite.
Rfmhfd, Thi\}. the conduct of tlie grand mquest for the county of Niagara, in th(? state
ul New York, as stated in some of the American papers, iii having recently found a bill of
iiidicliiient for murder against certain of Her Majesty's subjects for" having .unavoidably
killed certain persotis on boanl the said steam-boat Caroline, while canying into etli'ct the
orders of their commanding olhcer, and also against Colonel MacNab, tho«aid commanding
uliicer, when the said inquest must necessarily have been in possession of all the facts con-
nected with the recent invasion of this Province by American citixens, is reprehensible in tlie
highest degree, iiiasimich as it in contravention of international law, and was a direct sane- ■
tiiiii, by an iinjxirtaut tribunal connected with the administnition of justice, of the lawless
proceedings of a piratical band, whose avowed object was the plunder and destructioD-of
the iiiliabrtants of a country at [H'ace with the United States.
lieiohtd. That a bij<ly of t|j« juilitia of the state of New York, stationed upon Grand
Island, within that state, to preserve the neutrality of the American Government, as prc-
tciidLil by the Aiiuriiaii authorities, fired directly under the American flag, upon Lieiiteiiant
Elinsley, of the Royal NavVfUiAtlK' boat's crew under his comiuand, whilst enga;{ed in
sounding the river fcttween Gratia Island and this Province by the direction of his com-
iiiancliiig otliecr.
Ris<ilve<l, That three of her Majesty's subjects were Jiitled on the shores of the Niagara
frontier, in this Province, by shuts fired by tin,' pirates from Navy Island. «
Resolved, That, at the time when these hostile operations were carrying on u|)on the
Naiiiara frontier, certain otlier citi/.ens of the United States enrolled themselves into several
vi'luiiteer corps, under leaders culled (JenerAls Sutherland and Theller, and Colonels Handy,
Roberts, and Uotli;e, with Captains Davis und Bro|)hy, and others, at Cleveland, in the
stiite of Ohio, as well as at D( troit, Monroe, Pontiac, and Mount Clemens, in the state of
Michigan, and recruited, paraded, and drilled publicly, with the avowed purpiose of invading
the westerti district frontier, of destroying the Britisll power luid constitution titere, of sub-
verting our laws, and of servin); in what they called " The graut and glorious cause, the
(Miise of liberty and the ppjiressed," ar)d that they made a place called Gdirultar, in Michi-
gan, on the ftiver Detroit, nearly oppwsite to I'ort Maiden, in this Province, their head-
<{iiarters, where they pnctised firing caiinon, drilling, and exercisinoBi^h fire-arm« and other-
wisey yntil the latter end of January last. - ,
Hetolred, That the ali^e pj-rsons pogsesfed themselves atl
•UW stand of fire-arms and one cannon fr<)ni Mimroe, and of two
all which anus, amn;)<initioii, and cannon, were the pro|)erty and I
States; and they also possessed thcmselvcK i^f a^out HO stand of af
pany of soldiers, called the Hrady Guard,' in the city of Detroit, and of a schognot', called
the Anne,.froni one of the wharfs in that city, without any opjiAition having U^en olfered to
them by the proper authorities in Michigan, and that they received aid and aiisistaace in
various wafs from many wealthy dnd iiinuentiul jwrsons in that city. ^
Resohed, Thut IIk; schooner above mentioned left tli(^ 'city of Detroit, in hroild daylight,
on SaXiifilay the (Ith of Juiiiurry last, full of men, arms, ummunition, and provisitiiis, and
having on board aUo three cannons liir the expn^ssly avowed pur|K>»<) of attacking and
taking Boi« litaiic,, Island and I'ort Maiden, anil that infonnation of the fact was instantly
and iliily triveii by the mui;islnilesof SaiidX\ieli, in tins Province^ to the governor of Michigan
times of upwards of
on from fort Gratiot ;
custody (;f the^ United
belonging to a com-
nxt^:hTtrrntr'V
and to prtveiit the attacks hcieaftei' mentioned.
tiding, tinh
ReiottMd,
AFFAIRS OF LOWER CANADA, kc.
169
UPPER
CANADA.
(bS^Vt'Lnirfot^^^^^^^ '-'• " '"SO body of A^>erica„ c.d.ns
attack Bois Blanc Island thtr,ref.mW?'l.! '''''". " ■'^'"'"""' '" ^'^'^^ '«>'l ''»«'« *" ^"- 3<>-
vince, and without t e least povS'nlh^^ Tl "" ""' ""l'""" '*"'* '"''"''' "<■""« P^"" '^^^ f" »■ ""^^d '^
>r«'s of the NIarjara
make^^h !:i:i say :- " "' " "'""^" "'^ ""' * "'^'"<="'' i^«g'«l«ture), jomtly and «i,ve'rally
rum^ts^lte'lVoaru'r/h,."':!''; ''"T''; ''/ ■>""-■"■ ^y^' t'""' "• the month of Decemfer last
Z counTrto the Un i7sf„,." TT' """ '^"""" '""»"'« •"«! rnbc4s who had Hed from
»"t ue ■'^"d bjr L"^^ " "V'""'^; ""r"y '■;'" thc.8ub.ect, found that the reports i
on who Jhc SJ rlrv''i':nd*'^f ''vvh "f l"T T^i '^'^ ""--ards Credibly „.for„.ed by those
mv" Pn'f' ^'l''7'.T»^'«'"'». ""'d "thers at Cleveland, n th. sta'tc^o Oh«f 'am n ?i^
of nvaZrj,^ I 2r ;• T / "^ T ■'':'.'''" ""''"urMKS an<l with the avowed purpo*
i ouHaL „J 7 ",;" " :'':^:F "^ "'."f' l">7^ '^ •■onst.tut.on here, of s'libv^rt-
ulln!^(-?« 1: Jr °' *""""*? !» ^'hot they publicly proolaftucd in a t.rintcd handbdl (a c<»V'
Hli.reol IS h.•re^nt.r anufxed, and signed and cert ifiwl. by this d emnent to be true1 At
1. hH fie"w"!.I,Td. ■:, '""^ "' '"-' ^'"'"""^ ^^'^-^ »'"' F--,c ,hc peace, and hfs l^xcellency
"IHV uiforinution they could ofthc .pruccedinjiH ,n Al.clngoi. (and on tixc truth mrd corrt<;t-
, '^ 3 lies*
> UPPER
.Canada.
No. 30.
Sir 1'. B. Head to
, iord Glenclg,
^■'S; March 1838.
End. 1, in No. 30.
170 ' CO^^RESPONDENCE RELATIVE TO THE
ne«s of whose iiiforrttiWh he and hia^fiieiids implicitl^elied), that the citizens, traitors
and re1)el« above meiititined possenscd themselves at vanoi)! times of upwards ot 200 stand •
of firc-arnis (chiefly muskete and bayonets) from the gaal m the city of Detroit, and ot n
waffsron-load of minpowder and ammun1tioi4.froni a place called the Powder-house^ m that
citv ■ also of another large quantity of fire-arms and one cannon from Moiiroe, and of two
cannon from Fort Gratiot; and that all such arms, ammumtion, and cannon were thejiro-
iM-rtv and in the custody of the United States Qovemment; and that they also possessed
themselves of about 80 stand of arms belonging to a conjmany of volunteers called t he
Bradv Guard, in the city of Detroit, and of a schooner called the Ann from one ot tli.;
• wharfs in that citv, without any serious opposition from the authorities of Michigan; and
that they received "pecuniary and other assistance from many of the wealthy and influential
citizens of tliat state. . . , . . ' > • r o » 1 . .1 „.l
And this deiK'nent also says, that about 10 o'clock in the morning of Saturdav tiie 0th
dav of .lanuary last, he saw a schooner deeply laden and full ot men proceeding down the
Kiver Detroit opposite to Sandwich, under the American shore, ajid towed by boats ; and
susi)ectin.r her, and having caused inquiries to be made about her, he was mfoi-med that she
was the schooner Ann above mentioned, and that she had left Detroit that mommg in broad
davhcht full of men, arms, ammunition; and provisions, and with three cannon on board,
for the avowed purpose of joining the forces concentrated at Gibraltar, and of invading and
taking Bois Blanc Island and Fort MaMeli, in thi^ Province; whereupon depoiimt wrote to
(lovernor Mastm a letter (a true copy whereof, marked (A.), is hereunto annexed, and eer-
lified under this deponent's hand to be correct) ; and some hours afterwards he received from
Governor Mason a reply (a true copy whereof, marked<B.), is hereunto annexed), and is also
certified under his hand to be correct. - , , , a= 1
And this deponent also says, that on that same evening he saw the marshal or olbcer who
had been sent by Governor Mason in se«rcli of the schooner as mentioned in his Excellency s
letter • and on inquiring what had been done in the business, he (the marshal) replied tiiat
they went within a few rods of the schooner and bjjled her, but the men on board intormed
hmi tJKit if his boiit (which .was a ferry steam-boat called the Umted, plying between
Sandwich and Detroit, and bpen for the use of both cqiintries) came any nearer fo tlieni t hoy
' wouUl fire on her; and that he and the authorities whom he took tiom Detroit with him
' bein<' without arms, and only 25 hi number, and seeing that the schooner had cannon on
board thought it pVudentto return at once to Detroit without attempting 40 cajiture her.
. But tliis deponent says, that in conversation which he had with the man called Captain
Diivis (who was afterwards made a prisoner when the schoon'er was taken a tew days sub-
sequently, as will hereatler apj>ear), he (Davis) deliberately and distinctly stated m the .
presence'of this deiwnent, of the other deportent Colonel Radchfl, and also of several ofhccrs
and other persons at Maiden, t^hat ui>on the occasion above iiwntioned the marshal, with
his men .md boat, did not approach neater than within half a mile bl tlje schooner, and that,
four or five men on the boat's deck gave three chCfers (which ^e (^Davis) c6nsidered as cheers
of approval of their expedition), and that the boat" then turned round ni)d went towaVds
Detroit, and they saw no more of her. '- '„ , , , r .. , 1 r
And this deponent also says, that soon after 12 o chick 011 that same, night ot the Oth ol
January last he cmbarjted in the said stea'm-boit called the t'nited (\>hieh Ije impressed for
that service) with about 160 volunteers midCT arijis, for Jtlie purpose ot defendmg Maiden
and ijois Blanc from the threatened invasion, and that lie was on duty there throughout the
whole of the two following days and i*i|hts ; and having received from a scout certainjflfor- ;
mation respecting the said schooner, ajid ^the uWarlers, he wrote another K-tter.earlf jii the
morninn- to Governor Mason (a true iopY whereof, 'marked (C), is liereurtto annexed, and
certified under this deponent's hand to be correct), and he despatched a messenger wiUi it
to Detroit. " , ■ . , , .
An<i deponent iays, that about an hour after sunset on the same evVmngdie saw by moort-
liffjit til . ,,ats and a large pcow filled with armed (tien (,in number, as Tie afterwards ascer-
tained, aboiM 2«0), and having cannon on board, pull off from an island belonging to the
UniU'd Slates nl America towards Bois Blanc; and when . they approached within about
4«o yards of the i«tw»r island (where he and other volunteer* were prepared to meetlheni),
tliey fired from the sctm (wo cunnon^hots into Bois Blanc, which rattled among the tr««
around the place where deponeii* and othtrs waited to receive the enemy, and which wa* th?
first hostile shot fiitd on the «• Htem district frontier; and in about an hour afterwards they
pulled back to the American shore w#wut atteinpting to land on or furtht;r interfere witlf
Bois BIlUK , , • , 1 « /lU 1.
Andd<,»menl says, that in about i«A,hou'' afterwards the liaid schooner Ann (Ahicft y ;
WHS III the ofling about a mile below Boif Wane ('"-'l^ ^h'' •'''"'■'' occurrence), full of armed |
men, sailed uii the British channel betw- eo Boi. Blane and liie town of Amlierstburg.
otherwise f^ort Maldeu), and fired two cannon-shot* .nto tl«t i..wn, and she was beaten oB
by rifle and niusKet-shots from the town. „ ' \.'J':'
' And this dejjonent also says, that before daybreak on the tollojMng.day. he WTotc another^
letter to fiovernor Mason, ft *rue copy whereof, ifiatkcd (D), is als.» hercuiito annexed, and
(irtified under this deponents hand to lie correct; aild on the next dav^ie receivM^^oin the ,
governor two lexers, marked (E.) and .(F.), and ojso i» letter fra««Wr. Swartz, tru«f copies
of which, and marked (K), <F.); and (G.), are also hereunto aimlxed, apd.certificd in like
manner lo be <;orrec£ a. ;.',..,.• i ■ .• •* j'
And !ln ■■ H-ppnnt. l,.li^n Prineo »n,\ Tho^Ttns RailflifT. for theftiselves lOint I v and «ev»-
rally say, tj)nl on Tuesday the 0th day of JSnuarj^ last, a large biwly of the mvaderslrom
the opposite shore of Michigan. landed on Bois Blauc, a|^ pfoceedcd to the residence ol lief
, . '"!.*■.. Mftje»ty»
.t..J.- ..-.
f-.) —
- . ^^.A„.«.,t«"..i »»"••,» *«*»-*<«^^»
-,T ?■
. AFFAIRS OF LOWER CANADA, &c. 171
Majesty's lighthouse-kedpcr there, and carried, off all his and his wife's wearing apparel and
other articles, but decamped before they could be attacked or taken by the volunteer or'
militia forces ; arid on the same day the aforesaid schooner Ann, with upwards of 20 armed
meri on board (almost all of whom turned out to be American citizens), attacked the town
bf Amherstburg, and the militia and volunteer forces assembled there for its defence, and
fired at them 12 or 14 discharges of cannon-ball, grape, and canister-shoU, besides a great
number ol musket-ahots, which was returned by the ritlcs and muskets of the militia and
volunteers, who at length succ(*eded in capturing her in about an hour after the action com-
menced, having first killed several of her crew and made 21 prisoners, and taking from her
three cannon, besides a large quantity of arms and ammunition and some provisions. And
these deponents also say, that the occurrences above detailed took place on the River
, Detroit, and at a distance not exceeding io miles from the city of that name, which is the
capital and the seat of government of the state of Michigan.
And this deporient, John Prince, further says, that having received certain despatches
informing him of the movements of the invaders from Navy Island, .on the Niagara frontier
of this Province, towards the western district frontier, he thought it prudent to give Governor
Mason notice of such movements, and he wrote a letter to that governor, a tfue copy
whereof, marked (H.), is hereunto annexed, and certified by deponent to be correct; and he
received in answer two letters, one from Governor Mason and the other from Mr. Goodwin,
the district attorney of Michigan; and the copies hereunto annexed, marked (1.) and (J.)!
are true copies of such letters, and certified by this deponent to be such.
And this deponent lastly says, that he has been credibly informed, and he verily believe
thatthp enrolment of American citizens with rebels, traitors, and fugitives from this Provini||
IS n»w and has been for some time past carrying on in Michigan, for the express purpose^
collecting a force to invade this Province to commit murder, rapine, and plunder, to sever
this colony from the Crown of Great Britain, to upset our laws and constitution, and to
attempt to impose upon Her Majesty's true and loyal subjccU here a republican form of
govemmejit ; and yesterday received information on which c4n posi-
tively rely, thut^they lately captured and carried away from a boat lying hear the head of
Lake Erie on the Anrerican shore upwards of 100 blrrels of flour belonging to Her Majesty,
, and on.its way to Maldeji for the use of the militia4nd other forces there.
''*>,-" , (signed) Thomas Radcliff, ,
• - ' "- , . Col. Commanding W. Dist. I'TWltier.
'• " (signed) JoA« Prince, Lt.-Colonej.
Sworn by «he above deponents, John Prince and Thomas Radcliff,
at the city of Toronto in Upper' Canada, this 15th day of February
.. -1838, bctore me ^ . - '
(signed) John Powell,
^ ,. ' Mayorof the City of Toronto, U. C. ■ *
'UPfEK
CANAIXA.
r
'Ht), 30.
Sir V. Vi. Head to
I.urd (ilfnclg,
17 March ,1838.
EimI. l.inNo. 30.
otr
fC8 i))intly and «evf
To-the Citizens of Detroit.
On behalf of a body of n»qn urtder my command, from Cleveland, Ohio, led here by
General Sutherland, iff serjje in what we considered, itnd do still consider, a great and glori-
pus cause, the causeofliberty and the oppressed, I am induced to address you, and apiwal
to vour generosity. , ' . ' - •
y^e emiimrked our liitlc all in tlie glorious cftuse we came to serve. Wo have lost it ; we
.„.<-Awve never sliruiik from fciicountcring any hardships, difficulfiBs, or dangers that wo had
leaders to carry us into. We are now'disj^anded affd left destitute, strangers in a strange
land, to cithf!r beg, starve, or steal our, wpy to our respective homes. In order to prevent
the two last alternatives, we Appeal to.^as men and us brethren. It is as noble, it is as
patnotic to preveijt misery or crmx; at Jionie, ae to serve the cause of those who suffer under
an oppressive goverhnJwt. ■., -.„ :. > - ,
. -. . ;,, Respectfully,
i •> .\ ' . (signed) .• E.M. Townstnd,
^ -^^ . ' - " - Captain Cleveland Volanteeri.
-^'- fi.— Donations will be received at the bw of the National ilotel, ihe Excliaiige, or the
American, or by»the subscriber "at thjp Jefferson' House, JeffersoO Avenue, where- he will be
happy to see his friends as soon as jpossiblf, ancT begs that thiey will rfnderstand wp did not
come without money and rfieans. " , ' . „ \
(signed) JH. M. Towiuend. ;
I hefeby »ertify tlie above to be, a true copy of the printed hand-bill referred to in my"
I affidavit. . .r ,
/ -■ ' ■ (signed). John Prince^ ""^ ' -
V
.A.)
Dear !^r,
Tohis ExcellM|py Stevtn$,T, Matoii. Governor of tl>e IStttte of Michiwn-
'--Aithr organ
you that (rn^i deirand
. .. 963,' ' 'r
\-
Bgittrateg nere, attd by ffieir desTre, I loseTiot a^omenl
unquestioaable autiiprity', who w,ere eye-iiiitn«gse» to
to infoni
fiict u«t;
* :\
%■*
■ * •
■>. ...■--
i:V:v;.
UPPER
CANA.DA.
No. 30.
Sir F. B. Head to
LntGlmelg.
17 Harcb iS«i6.
EbU. I, inJM. 3*.
^;^
172 CORRESPONDENCE RELATIVE TO THE
niebt, ir> Kinn that a xcnooner, laden with armn, ammuiiition, proviitionH, and from RO io ipo
men, IpIt i>mT(Ht tttmtiwmMe on her way down the river, with the intention of either attuc'k-
1^ thm rmnner, or takinic aoMeMion of the ialadds belonging to our Sovereign, called Bois
Bhnr and Fi^htme Mtana. jc one of theip.
The schooner, t am inmrmed, i» call the Anne. She is at this moipent slowly pro-
ceeduif; (town the nwer, ■■■ diiw upon your side, below Spring-well, and^is towed by a boat
witn HeTeral mea id it. 1^ hae also two cannons on board, i am abo' credibly iiifumied
that 11 large b<^ ni m«i ate met at Fort Oratiot, for the express purpose of joining the
rebels and l^ i fa p m horn a»M conntry, and that the steam-boat MaComb has proceeded from
Detniit to vfefitiwm succour and we arc afco correctly informed tjial our enemies pos-
itesed theii«fc»v«» mat night, from the gaol in Detroit, of a iarg^ quantity of arms, and also of
a waggon-Miad rfisnnpowdcr from the powder-house in your city. We are further correctly
nformcd tmt iIkit are raism« volunteers, anus, and ammunition at Monroe to support the
rebels and tneir aoherents. , . , .
We relvon the «mceritT 01 vonr declaration that you, as chief magistrate of th«,opposite
«ate, willrio all n vour ponK- ta pretftrve the peace, to preverU your pco^ from cooimit-
ting a bireacn of aeir law» u»d to maintain the amity wliich al present ««»fwistB between
Great Brom aaa the Unmu States. We beg leave to repeat our ' former assertion, thjit
we gre pr'sm^M for any attack ; but'we again earnestly call upon you to take slfch imme-
niate Snc •■wigetic steps as will prevent bloodshed, aiid.secure the. peace of your ispitii^^ry-
3jt!n aiu urs (rom being broken ant iestroyed. We at the same time beg to imt^
VOTi, thai no exertions on our part sKii_. he wanting to attain thift very desirabjc object ;
but unless prompt and immediate sten*- are taken, we will not conceal from yoii^our firm
conviction, that hostilities will have ommenccd, and blooti be shed within the liext few
aours. »,
1 huv^, 8lc.
, (signed) John Prince.
\ certify this U> be a correct copy of the original tetter. .
(signed) John Prince. .
(B.)
D.ar Sir, Detroit, Jantery IflStt.
Ydur favour of this morning has been received. I most sincerely regret tlmu-mattiis ;ire
assuming so s«'rioim an aspect on our borders. We have despatched a niarshaj to seizo tlie
s(hu(iii(T now proceeding down the river. The Maaoinb was stopped, her cap^in arrcjitod,
her ladingexamined, but nothing could l)e found U) justify detaining her in port. A deouty
niarshul lias been dt'spatched to Monroe, and one to Fort Gratiot, with authority to rail out
the 'iimer of the rcsjiective counties to arrest all pe^sops found. in arms. A nicetint; of our
citiiin> will beheld at thrqe o'clock this afternoon to enrol a volunteer force to aid in enforcin<;
the laws in this city. I need not again express my determination to difall in my [lower to
prevent the violiiluMi of tlie amity now existing between our Governments.
_ I am, &c.
John Prince, Esq., Sandwich, (signed) Stevcni T. Mason.
V.C.
I certify the al>ove to be a true copy nf the original letter.
(signed) John Prince.
To Governor Maton, ice.
Bois Blanc Island, U. C. Maiden, B Jan 1038.
DifarSii, ..'Clock, a.m.
On the return of the steam-boat 1 'iiited from her unsuco'sslul attempt la»t ijaturday tu
bring buck to Detroit tk; schoMier Ann, pursuant to vour Excelleniy's instnictions, thrc
cfimpanies of our militia, besides several volu»teers (of wlumi 1 form one), proceeded to
Amllterstburg, with a view of defending that town, and m the hopes ot meeting the rebels and
their adherents and. supporter* at this place.
But 1 regret to say that we have for the present liceii disappoint^. , ., ,
I, however, deem it proper to inform your Excellency, as-govtl-nor of the state of Michi-
gan, that the above-mentioned schooner was at anchor last evening opposite the lower end
of Grosse Isle, at a wharf near Gibraltar, and. that she had on>)ard several hundred stand
of arms, being no doubt the same anns of which she possessed herself from the gaol at ,
Detroit. There are, moreover, many hundreds of our enemies there, and they have some
lieavy cannon, which they fired about ten times last evening, and twjpe during the night ;
all these facts are within our knowledge. * „ n
From theconvsrsation \rtiich my fncnd, Mc, Charles Boby, hall with your Excellency on
Saturday lust, I was greatly in hop«i that the schooner aad her cargo, «» well as many of
her crtiw would, ero this, have been taken under your autliority and dealt with^ according
-toJaa.
Q IHW .^ _ ,
I now, withliie concurrence of my brother magistrates, l)Cg 10 inquire whetheV yom
lijtcellciicy will permit our forces pu this aide to attiurk the sdiooner, with a view of taking
Affairs «f l©wer canada, kc.
i;.i
rent T. Mason.
UPPEK
CANADA.
' No. 5p.
Sir I'. B. Head to
Jier and lliosf wlio may attempt to dolend her. If you consent to this our request, we will
«t onqe proceed to the attack ; and we sohcit ttiis i'avjpur aj^^your handit, because we are un-
willing to commit any act , winch, pay^l.e ci>n0i)ii\ into utcurSaTon/or f bfeach-%«>B«f
that amicable undcrstandine; which subsisU between our Govenmient and-yours, notwith- _
gtandmgour conviction that the men and schooner, and iirnis m question, are intended to Lord Glenelg,
act hostilely toward.s us. - 4 i7.AlBrch 1838.
N^r. Mercer (one t)f our majjistrdtes) has luiUerlaken to deliver this to your Excellency, •
and a reply by him will be thankfully received bVyour ."Eiicl. 1, in No. 3«.
„ , Excellency's iiioa(t obedient bumble servant,
* " ^ (signed) Joint Prince.
I certify the above to be a true eopy of the original letter.
(signed) .Ipj^ii Viinof
»
(D.)
To his Excellency Stevens T. Mason, Governor of the Slate of Mitliiuau. ■
Dear Sir, , Ariiheijitbuit;, U. C, O.Janiaiy 1838. 4 o'clock, A. m.
1 br^umc thutfuu have received my letter of yesterday's date.
The^iii^iy commenced Ins attack upon us about sunset last evening. His Ibrce, we are
iiifermcd,'coii8ist"of the'schooner or sloon^ believed to be the Ann, referred to in my former
^ter, also two scows and divers boats.'jLOarge schooner, three field-pieces, two 12-pounders^
Mid one,,B-poundei, besides «■ large qUanttty of arms, iind son.e hundreds of men. One
schooner (the Ann) sailed up in (ronl pf Ain\herstburg, along the British channel batween
the town and Hois Blanc, last evening:. Oi«r'pedple tired upon her (knowing her to be an
enemy), and she returnell the salutation by twowcannon-shots. 'I'h^ steam-boat United,
whicli was very iniiocentiy bringing down some passengers from *indwich toi(niherstburg,
was also < omplimented with two muskjet-shots from (as it is siiijposed) one of'two American
steamers proceeding up the river, "flie schooner, supposed to be the /^lin, tJien steered \
from Amherstburg round the northern end of Bois Blanc. The large sclyioner is at anchor \
at the .south end of Bois Blanc ; and there are lights on Hickory Islahd, which induce a
belief bv us that she has moored near jher the scows andNsnmll boats aboVe referred to.
We assifme that the enemy will possess himself (if libshas not already done go) of Bois
BMitg forthwith. He is lying at anchor opposite to us. ^Ve have no "hesitation in pro-
Bouncing him to 1^ regardless of all laws, and a plunderer and pirate. My object is to
secure nira,, and to make, him amenajile to th? laws of this country ; and in the name of
the civil authonties of tipper Canada'^ as well as in the name of common justice, I now\
call upon your' Excellency, us the goveiVior of Michigan, to assist us, the subjects of your
natural ally, in preventing this enemy fVom touching upon or holding any intercourse with
the shores of Michigan, whereby we 1ioi)e to be enabled to capturefher, and to bring her ta
that bar of justice which will deal with her according to her merits.
I have, &c.
1 (si^ed) John Prince.
I certify tl»e above to be a true copy of the original letter.
(signed) John Vrinci:
V
n, H Jan. 1038.
(Official.)
To the Magistrates of Sandwich, V\i\nv (,'unada.
Gentlemen, .Executiv»> Department, Detroit, Jan. 1838.
The controversy now pending in the Province of <'p|)pr Canada, and immediately on the
frontier T)f thij* state, is beginning to assume. r,o se«>i<)iiR a character, that I deem it my duty
officially to communicate to you my itosition, relations, and duties in the ijremises.
Heretofore I have, as an individual rattier tl>an in my official capacity, expressed to you
and others my desire to jircserve the friendly illations ejfistmg between Uie Government of
the United States and that of Great Britai^; but in the ground now taken I maintain the
position of governor of a sovereign and independent state of the American Confederacy. I
will abide by it, and giv^you my as^uran** that I will not abandon that position.
You are perhaps well'awttre that the ^neral government of the United States is composed
of separate and indepl'ndcnt states, with certain delegated powers to the federal t^ui.
Amongst th(«e delejntted powers are jtll^tlie relations of peace und war, and intercourse with
foreign nations, liyt'urtheranceof tjiese powers which have been surrendered by the state*;
, tlie general goveminenl have enacted certain laws for the preservation of neutrality and the
guarantee <rf the mith «>f treatief between itself and otheV governments. The execution of
these laws do«» ilot Inmiediatcly^ belong to state authorities, but is vested in a district judge,
district attorney; and marshal of the United States. When those officers cull on me as the
execiitive of tht state ofMicliigan, conveying the information that the process of the United
f^tates." co«rtf cannot be enforced without executive aid, my official duties begin, and not till
then ; but oii.every occasion where the contingency stated anses, you will find the Con«ti-
tutcd authonties of Michigan prompt and ready to discharge every duty incnmhwnt npon
t liBii i l iy u tw Tawy ifl^gif couitiTjr -^ ; ' ^- - -^-^ —
3i7. / A A '
In
V'
^
UPPEH
CANADA.
174
CORRESPONDENCE RELATIVE TO THE
No. 30.
Sir F. B. Head to
Lurd Glenelg,
17 March 1838.
End.
Ii) obedience to the requisition nnade on the executive of thi,g state, I l^ve aided the
marehal of the United States for thiayistrict, to enforce the process of his court, and have
dispersed the armed fbrcfe stated by yoy *^ have been assembled within the junsdiction of
this stattt in violation of the acts of tHc Congress of the United States. It will therefore
readily Ofcur to you that all further communication on this unpleasant subject must be
addressed to the district attorney of'the United ^tutes. -^
llnl^o. 30 '" ^P'y ''' '''* immediate inquiries of your letter, I must stttte, that whilst all persons pro-
' ■ "' ' ceeding from this state, and found in urm^ within the jurisdiction of the I'rovint^ of Upper
^.■' Canada, have lost all claim to the protection of the lawsof the United States and of thn'stute - and
. whilst all intercourse between t]ie Unit^l States and foreiupi powers .belong to the federal govern-
ment, I cannot permit, witlioutresistance, any rnvasioif upon the soil of the sovereign and
/ independent state over wbjcb I preside as chief magistrate.
/ /'^ I am, 8lc. /
L^ ^ (signed) Stevtiu T. Miaoir.
ve to b«'a true copy of the original letter.
(iiigned) John Prince.
4
I certify the 1
(F.)
To JoAn Pnnce, Esq., Sandwich, U. C.
Dear Sir, Detroit, 9 Janotfty 1838.
Your letter of this date has been received, and laid before the ^stricli attorney of the
Pnited States. ( ■
For your further information, I enclose yon the copy qf a letter which I have addressed
to the magistftites of Sandwich, in reply to your communication of the same dat«.
Very respectfully, &c.
(signed) Stevens T. Maton.
1 certify the above to be a true copy of the original letter.
a • (signed) John Princ*. \
To the Civil Authority of Sandwich, U. C.
V
Adjutant-general's Office, Detroit, 8 January 1838.
I have the hononr to inform you, by direction of his Excellency the Commander-in-Chief,
that by 12^ 'clock at noon this day, the steam-boats Erie and General S|rady will leave thin
city, with a sufficient armed force, to proceed to the moiitli of this river to enforce the laws
of the United States against any *miea men who attempt violation of the same.
Tftis communication is given with a view of informing yo^f the fact, that his Excellency
the governor, who is with the detachment, will do all in,hi9 power to»allay this unfortunate
excitement, and that you may understand this movement.
, Very respectfully, &c.
(signed) J. E. Schwarz, >' "°
Adjutant-general, Michigan.
I certify the above to be a true (Eopy of the original letter. f
(signed) Jnkn Prince.
(H.)\ ■■
To his Exoeltency GovemorW<Muii, Detroit.
Dear Sir, The Park Farm, M. C:, Thursday Morning, 25 Jan. 1838.
Since sealing my packet (N6. I.), I have received from Colonel Radcliffe, the o(fi<«r
commanding this western frontier, two dtspatcbes, copiestof which I enclose for your Excel-
lency's information, and for the information of your distHifit attorney, to whom I take the
hberty of requesting your Excellency lo submit them, as I really cannot find time to make
copi^ for him. _ '
I learn from eood authority^ that the man calling himsblf General Sutherland is gone intuj
the interior of Michigan (it is supposed in thtf direction of Pontiac), to raise volunteers.
I do hope and trust that your authorities' will arrest and secure him and his adherents, if
possible. It is painful to reflect upon the immense expense attending the constant guanoing >
of, this country ; upon whom that expense will eventually fall it is not for us,, perhaps," to*
inquire at this moment ; but I am sure your Excellency will ^ree with nfe in opinion, tMt
it IB the bounden duty of all good citizens and subjects to Mevent the invasion of Uppbr
Canacfa from being proceeded with, if possible, both with a view to save the effusion' of
human blood, and also the «iiormous cost of keeping thousandt of men in arms. I beg to
enclose a copy of some Acts .which our I^egislature has felt it incumbent upon them to iiass
"in these ditanrona and most criticat ti m es . - — — -^ — — -:=i:~, -. ;=:t
If
evens T. Miuon'.
AFFAIRS OF LOWER CANADA. &c°.
175
If your Excetlency haa leisure to nend one line
ptpen have all reached you ■afely, i glial( be thi
eeiving Mr. Norton yesterday, and I believe I sha
Nrrioe he requires. ,
le bearer, merely to My that these
for it; I had much pleasure ih re-
it in my power to render him the
I remain, 8lc.
(signed) J. Prinet.
1 certify the^regoing to be a true ropy of the original letter.,
(signed) John I'rince.
Detroit, 26 January 1838.
(I.)
_. „. T^o John Prince, Esq.
Dear Sir, ^
Your coniniunicattons of this morning were duly received
Accompanying^hm communication, you will receive a fetter from the district attomev
I hope .„ the „am« of all that .s just, that weare not to have t^e p^rty from N^v Inland
In. «J^™r'"- .^°'"' "■"«,'"n^«,'''PPl'ed to the President for Trnflitlry force at Z
pomt. and I expect every mai^tQ bring tfc necessary orders to General Brad/.
Respectfully, gic.
. .' (signed) Slevent T. Afoiwi.
I Mrtify the above to be a true copy of the original letter.
, (signed)' John Prince.
UPPER
CANADA
"No. 30.
S^ k B. HMd 10
Latd Qlnieig, .
17 MaVtli^gB.
Eocl. i.lnKo.go.
V
(J.) • " : .
gjj. To Jo^n Prince, Esq.
J?oyernor Mason hag iust shown'^mp «-r..;j, !„.. • . JPet''oit, Sfl January 1838.
^^ents contempUtedCinst^ Prov^Ke'of S Sda"' Y '"" '°t^ '" "^"^ '"
the views of the authorities of thTunfted States "^n ♦hK X^'V^'* /"»? appn>*d of
I have, &c. 1^^
(signed) D. Goodwin. U. S.^ ^
I cerffy the abcne to be^a true copy of thf origi-W letter. ' ^ ''"'^'"'' f"'^-''^'- .
\ i (nigned) John Prince. '
A
Enclosure 2, in No. 30.
To the Queen's Most Excellent Majesty.
Most Gracious Sovereign
)•
End. 2,
iecom-
Tn.de and P»j.ntau^o^ Tn'Tfrhorthat th^l^^^^^ "*" '^°'
mendmg that part of the law" ontamml ?L r * ^''"'"'VP'' *'" ««e the n^cessity^
.»d leave it to thVwisTo^ anHi^L S the ?f n\''*"''rr P^'''"'^ "^ '° b^^pealed,
duties on each article as th^ co.STw" I W ^S^^ "^ th.s Province to impose such
Md protecting the trade a,3^ commerce Ir this Colony '"* ""^ '"""^""^ ""=*' '«^«'"'«'
Commons llotise of Assembly, '
27 February 1838.
Alldh N.MacSab, ■■ . '••
Speaker. ^,,^,
!H^lStaS^
Address 6f tlii% House on the 3d i
of Her Ma-"
'(donieei.ioftlie
KQ^cedinfir,
** ■ of the
on the Mbiect of the t™l. Xf .^" u ""*** *" t""%Hon«e on the 3d
'887 to the IJnder8ecretar>- " Sute Mr S^nl ^^""'"lu" "'•' '«"">»? ""^Idof May
"««». to beheve. woald h?ve b^r;iJ'«£«";,"^«Mbjections whicff. wo% everj
''"..^ ^^n* "' '°"ad.d. been tZS I'i t r t^J' h^?'''^-. *^/ Co^sittee.^.Wt^. .
m Noi 30.
►.'
A A 2
.^
i-*a
UPl'JR
CANADA.
I7«
CORI
JDENGE RELATIVE TO Til K
)!<
No. 30.
/
Afiu/vrf^j^at the Ili-port above inentionrd iihow« mo«t deftrly, that the
Pi-oTince*rH greatly impeded liy embarragBineiila arwirig irom tho coiinie herrTofore pur.'
sued hy ijie LegiHluture of Lower Canada ; the waut of a seit-poFt, lufder the control of
?ir F. B. Head ti> our I>egiBlaturr, and the vcxatioim and unnecessary restrtclions on our trade and Commerce;
I^rcl Glane'g, the practical operation of the present Trade Acta are therein set forth hy showing, that a very
17 March 1838. lai^e proportion of tea aiid other articles consumed in this I'rovimre are suni^gled from the
— •— United States, and that, from «rfir .extensive frontier, it is imprmaible to prevent this illicit
Kick a, in No. 30s traife by any legal cnnctnient; assigns the reason why it would not lessen the trade of the
mother country ; enumerated all the articles which could be aflectcd by the meas{rte,<~wtlW^
an," inconsiderable in iiunilx!r, quantity, oi* >^ue ; and ghowa the stmlngest fOdtiVo whicn
»» ^ actuated the Committee to press tli<Ameasuro »(j eatiieatly ; viz. depriving political agitators
of the power to create discontentii- by (tiludihg to any duty whicli was couBidcred
oppressive. *
Resolved, That the letter referred to in the foregoing Resolution states, that the prayer of
the A<Wress goes much beyond the mere prevention of smuggling, since it proposes to place
the trn^ of foreign countries with this Colony on the same footing as tnat of the United
Kingdom, and that it does not furnish information on which they could proceed to modify
the eyisting law with regard to pa^eular commodities. This information is, however,
suppned by i|U0tiiig the articles from the Report of the Committee on Trade before alluded'
to. ^ he letter tli^n proceeds with the following remark : " The only article named in the
' Address is tea, and tliat is subject, in Cuivida, to no Parliamentary duty ; the only restraint
is, that it canijot be imported into the Colony from the United States ; and the Lords of the
Committee cannot readily believe that a coninioditv, whose plycc of '^Srigin is so distant as
China, can, by mere mercantile superiority, be conveyed to Upper (.'anada, through the
interior s<ttkments of the United States, so much more cheaply than by the waters of the
St. Lawrence, as to give to the Ameiican smuggler a decided advantage over the British
merchant. ^ ,
" I'lfiler these ciiciimstances, the reslrit'tipn on the importatij)n of tea should not be
-pokeii of as a prohibition, and the articles^ which are really prohibited are so few in
number, and of d
their I.tirdslii|ui
which relate
Remlvrd,
that the L '
the siip])ly o:
so stated bv this
which can be so readily supplied by the regu'
rAason for entertaining that part of the complaint
channels, that
d' the Address
surprise
uced for
it was
neither
; and
isiA cannot withhold the expression of their regret
iiniltce of Trade cannot readily believe that tea ig i(
\i Uirough New York, cheaper than by Quebec,, all
because it is a most striking and conviocing proof, thj
the geogtaphical situation of this Province or, the nature of our thuie is undersl
unless this House can succeed in removing these erroneous views and impressions, they
may continue to labour under their present embarrassments for many years to come.
This House assures the Lords of the Committee that it is not owing to, " mere mercantile
siiperiority '' that tea is introduced cheaper from a country so distant as China, by New York,
the Hudson river, and Erie Canal, tlian by Quebec and the St. Lawrence, but to the embar-
rassments and im])edinjeiits which are experienced by our trade and tommefce, which are
fully detailed in the foregoing Rus^ution, and which they most earnestly call upon Her
.Majesty's Government to remove, i, ' ■ '
the opinion of this House, tea would pay a provinctal duty of 3(/. "per
he introduced from the,, United States cheaper than through Lower
Resolved, That
pound, and still
(I)anada.
The letter to which icference has beeo already made then goes on trf state : " That the
commodities which are subject to high duties, are chiefly manufactures, such as are usually.,,
supplied from Europe, but of hIikIi some, such as coarse and heavy cottons, are made also in
the United States ; the remedy in these cases would no doubt consist of a reduction of duties,
but, as has been already intimated, the grievances are sUited in the AdiFftss in such general
terms, and the relief desired is so extensive and unqualified, that the Lirds of the Committee
cannot make that document the fouikdation on which they should proceed to investigate the
one or consider the other."
Resolved, That In reply to these observations, this House most rcspctfully take occasion
to express their regret, tha{ their Lordships should haxe found the grievances of which they
complain, stated in such general terms, and the relief desired so extensive and unqualified,
as to preclude investigation or consideration ; to remove this di^ciilty, their LorJsliip? are,,
referred to the enumeration of the Articles in 4th W'ilj. 4, c. 61»,'whcre the particalar
information required may be supplied. ' '
i?ejo/iC(/,Tliatlhc letter before referred to again states as follows ; "I am to request that you
will lay these observations before I./ord Glenelg, as immediately applicable to the caseof
Upper Canada, so far as regards aov Parliamentary duties, to which alone tho MemoriajiBts
addness themselves ; and that you'xJill at the same time inform his Lordship that the Lords of
tiie Committee do not see a^ grounds in the subjects thus brought before them, in which they
cpuld recommend rfny new facilities pf trade in behalf of that Province, which should not li
oqually extended td all the British Colonies in North America; and it will be manifest to Lord
Glenelg, that sucft a subject could tmly be entertained, either as a question for a gireat
-:ei)ftBg« in the p|iiu»ple!i of our icolofttui poliey^jor witli a vi e w t u aumr apccificwwdifieattear
of that policy ifi respect of some particular commodities."
Rtiolved,
AFFAIRS OF LOWER CANADA, Ac.
177
UPPER
CANADA.
JldKrfW, IhatthiH Home ...ct re«peGtl..ily rrprfsn.t that tli« peculiar local .ituation of
tppc-r Canada mo«t .nater.ally .l.fli.r, from thit of a,.y otlier of lleVMaje^tv^ coS^.t
much m, tlu, latter arc arce«H,ble torn the oceon-pogfce.« Bca-porU, aid f <^ rSte tTei^ No 10
uSi StltL eonln^l^^^^^ ."«er»t of frontiV adjoining tJ.e Lor,l Olenelg.
1 J 1 • --.." , M.,u ijjf mi; Bu valorem rote 01 dhtv whici
f8 iml.vduaUto pract.»e frauds, creates d.scontont, and preclude* tL^ Lee,g
,r,.,^ 1 '■''r^'"^ " "V"""T' "'"'='' '" a>'«»'»"'ly "VfSBury to pay tlie n.tercst of thc^,U
ReM, -rhat aIthoi.(jh this I'rovincc is placed on a Ix-tter footing with re^ft
u.trod..ctK,n of gram into England, yet the V'"tatu,n intended to entablish tMifit ik
rendered jnoperatwo altpKcther, fromShe circnmHtance that no grairi <mn be ^en iS with
U^e presWu rate ol duty, and^the inhabitanU of the United States are plac^in" much
Mter situation han th^e of this Province, inanmuch bh we are chargKh a duTv of
»3 cenu ly t>.Hhel on all wheat of the growth of Upper Canada. whC^adnutted into ^ Jr
.port*, whilst at the same time, wheat, the growth Vt the United StatesT, troduc«i f^^
going
be
flf««/m/, rimt an humble address Ik, presented to Her" MajesW, accompanyinc the fore-
Hng rcolulions, and pmyrng that Her Majesty will be pleised to causVtrislb ect w
jIadaKain l«>ore the Lords of the Committee on Trade and IManlations (,r their con^K
fZn;; Ih" . T "'I' "'"y '"" '*" ""> "'"^'''^y ''f ^''P«''i"e that part of the law co„-
imiing he lestnctions herein complained of, and 'leave It to the wisdom and dZetmn
ths Legislature to inipo... such duties on eaej. article as they conceive U w U bear
?mvincr""' '""'"""^ """' revenue, and protecting the trad^ and commei^e of th.^*
Knclosurii .3, ill No. '.'10.
To the QueelWMost Excellent Majesty.
Most Oracious Sovereign.
Wp,, Your Majesty's dutiful and loyal sub.ects the Commons of Upper Canada ,n Pro
nnoiaParlmiueut assembled most humbly teg leave to transmit to ?our MaS suiuirv
.^..-lutions adopted by this Housu^ the subject of an Union of the Provinces .Vuppei
and Lower Canada together witlTTljyort of the Select Committee on the po it caUtate
of the Provinces, adopted by this HouJ; and we do mo.t humbly and earnestly bes^h
\our Majes y most graciously to be pllased to take such step, a/shnll. in Your^MmeX's
«.s loni, be de.m.M necessary to carry oAit the views of Your Mairisty's faithful sub ects and
a:.p^""':;r;fc:;T.j^!?^ ''""""-' -"^ '•"= «"^^" j^-t^ American clm:^:^
tlependeiicij's of the British Crown
Commons House of Assembly,
2(1 February l(t:(ti.
At/au i\. MacNah,
Speaker.
End. 3, in Nu. 30
Rewlved, That it ,s the duty of this House to take into their most serious consideration
1 e causes which gave rise to the late rebellion. togelher-«.th the present «ta e and cS on
of the Provinces ol Upper and Lower Canada, with the'vicw of addrifwihg Her Etv'^
Government thereon, and pointing out what, in their judgmeat, wilf avert I similar i!..^
rence m future, and restore the inhabitants of these WoLces^o^tLt state oTjiace hat
miiess, an<lnrosner.ty whic^ they qre most justly entitled to enjoy, as well from thdr devotJd
oyalty to rier ilajesty's Crown and Government, as f«,m tfle peculiar advlta, L wS
the said Provinces possess in soil, climate and situation. ui'iaf^es whicli
-Wwrrf.That in the opiniojiof (his House, the chief cauges of the evils under whl^h
U.e«, Provinces have sufrered, may be traced to their unwise d^vmic. ii^to 86^^!^ fl
d.t.nctcolonK»n. 1701, when with a limited population, a line wi« d«wnTf™w mS.
«hove the navigable waters of the Saint Lawrence, and all th^ wealth, wd the rans of
acquiring wealth were given to, and placed at\he control of, the IWh and a merrwi?der
new allotted to the English portion of that population. *'"
injudici<Hi^deei8ieBj together with the impoHlic coSS^
^iJ^-S^K. %1:r w u- k Vt^ " " rJ""«"y"'meeiM<», wgetaer with the impolilic coSiw
pu«ued by the ^ritiph G5;^emment in relation to this country, has been to foster and^n^i^!
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UPPER
CANADA.
178
CORRESPONDENCE RELATIVE TO THE
No. 30.
Sir F. B. Head to
Lord iilenelgi
17 March 1838.
tain the French population, perpetuate their language, establish a strong national feeling,
encourage a decided hostility to British interests and institutions, and thus create anc^
luaintaiu a national character of French origin.
Ktfolved, That by this division, a large proportion of the revenue arising, from our indus-
try and our commerce has always bcert most unequally and unjustly placed under the
control of the Frcach Legislature of Lower Canada, although four-fiflhs of the revenue is
End. 3, in No. 30. derived from the growth and productions of Upper Canada, thereby supporting the govern-
ment of Ihe sister Province without any taxation encouragmg, inactivity, an anti-commercial
feeling, and paralyzing their energies, as proved by their having undertaken but few pubUo
improvements.
Resolved, That although the Legislature of Lower Canada have hitlierto had m> large a
pro|H>rtioii of this revenue at their disposal, it has not been appropriated in any manner to
the advantage of the inhabitants of ^pper Canada, or for tne joint' interests of the two
Provinces.
Resolved, That our imports and exports must inevitably pass through that portion of
Lower Canada which lies between us and the sea, nor would the completion of a canal in
that Province, in connexion with the one now nearly constructed in Upper Canada, Qut of
' the revenues of the Lower Province, remove the difficulties under whicn we labour ; as the
interest of the money expended, and the tolls levied, would, in the end, be imposed on our
exports and imports, which alone would be transmitted by Uiat canal.
Resolved, That so long as this division line exists, it will be impossible for the Legislature
of this Province to place their revenue, or regulate their commerce, on a permanent basis,
inasmuch as the Legislature of one Province may impose one rate of duty. un any one article
from the United States, and the Legislature of the other Province impose a higher or les»
duty on the same article imported ; thus introduoing greater or less quantities of the sanie
" article for the general consumption, and rendering it impossible for the Legislature of either
Province to estimate, on any correct data, the probable amount they may receive for any
given time.
Resolved, That it is in vain for the Legislature of this Province to attempt to collect any
revenue from foreign commerce, to pay the interest on the debt they have contracted for the
various public improvements, so long as another Legislature with separate interests controls
our sea-ports.
Resolved, That the practical benefits or disadvantages of an union, or the control of a sea-
port, under the jurisdiction of the game Legislature, may.be more strikingly illustrated by a
comparison with the State of New York and the Provmces of Upper and Lower Canada,
lying side by side on the opposite banks of the Saint Lawrence and the shores of Lakes Erie
and Ontario. In 1815, the trade and commerce ofthe entire country bordering on those great
lakes passed down their natural outlet, the Saint Lawrence ; in 1824, this trade, as well as
that on the shores of Lake Champlain, ~Was diverted to the Hudson, by the construction of
a canal by the Legislature of the State of New York, without the collection of one farthing
of duty from foreign commerce. On the other hand, it is notorious that the Legislatures of
the Provinces of Upper and Lower Canada have not, to the present moment, adopted any
measure iq concert to restore this commerce to its natural and original destination, although
they have had, for many years, at their disposal, a revenue derived from foreign imports to
the amount of least 100,000/ per annum.
Resolved, That a great saving would be effected in the governments of the two countries,
by uniting their Legislatures, and additional facilities afforded in accomplishing any mea-
sure by a direct communication with the Home Government, in place of waiting years to
obtain the sanction of two legislative bodies, actuated by ditTercnt views, feelings, and sepa-
' - rate interests.
Resolved, Tfcat the currency of the two Provinces, the management of the Post-offices,
together with every internal regulation, can never be placed on a permanent and beneficial
footing, so long as this separate interest prevails.
ResolvedyThA although this House entertain the sentiments expressed i^the foregoing
resolutions, and feel that they will gather strength from year to year, so strdng is their ap-
prehension that an union of those Provinces would prove injurious to their best interests,
unless a decided majority in the Legislature is allotted to this Province, as recommended in
the report jjtf the Select Committee of this House during the present session, on the political
state J^ the Provinces, they desire a united Legislature only on the following terms and
conditions :
1st. That the principles of our Constitution be maintained inviolate ; each branch of the
Legislature to be constituted on the principles originally intended by the Act of the Imperial
ParliameniUtM|||ffhiture appointments in the Legislative Council be made in such manner
from thdUplrent districts as best to secure the agricultural, commercial, and other
inteMits oTthe Province.
ad. That the casual, territorial, and every branch of the Revenue, be placed under the
control of the Legislature upon the same principles as Her Majeslv's Qoreniment has been
pleased to conceae them to the Provinc4| of New Brunswick and Novf Scotia, which con-
AFFAIRS OF LOWER CANADA, kc. ,;9
Cqlonies, as^dependencies of the British Crown. ™'""**' *"•* ^"^ othe; North American
UPPER
CANADA.
No. 30.
Sir F. II. Head to
Lord Gl«nelg,
17 IMarcfa 1838.
End. 3, ID No. 30.
(Truly extracted.)
^
To the Honourable the Common. Hou.e of A«embly, in ProWncil Parliament ..sertbled.
Zi.„ . 'i'.r"'"*'™*'?." ^'"' '"'"•^« °f 'he representatives of the people tranat^bm
causes which have led to the recent unnatural revolt In this portion of lier Mniestv's dn!
AtTe f?mr ^T'"'"'' """" 'H'^"'« " P"^ "'"'^ dominions of the BritisKwn
dvillZ^rt ?J:^ ''^ regarded as bem^ completely dependent for the possession of their
ciTil liberty upon the capnce or dictatorship of a military teapot. P^xsession 01 tneir
■ f J f?i!"'°"." *'J* '^"".""^ '° *•>•= B"*'^'' Crown was followed by an immediate arteTiom
tion of the political condition of the people, and the improvement of the?r kws mi^ovVm
tZv Viv .''^"'r' T"\^' "l''^'^' le^tUibledelay, From tharsl of v^a aSwhS."
bey lived while under the dommionof France, and were secured gradually, butlSal Iv
in all the privileges and immumties of British subjects. The uninterrupted exercise of thef;
pSC. f'' '^" T^""^'^ V^A"" •'y '•«= t«™«"f the capituS.1„d Yn he IW
ProclamaUon issued on the 7th October 1763, power was ^en to U.e Governor Zh
S™lTp°lr S°"?"' "Pf;?'"'?' ^^ .''"' <^"'*"' " '^ «■*<=' a„lco„sd?ute CourU of Jud^l-
ture and Public Justice within the dolony, for the hearing and determining of causes as weH
lS.l^.lJ!.^"y '?/",'*"""• *'•" ■"'^ht think themselves aggrieved by the
u2 to the kI ^^'^''' P "" T^ '"l'^*' i? 'PP*"!' "'«*" theusual limitaUons and restrict
cT^' t^ ^.1 ' "^"'y C""""''- The authority thus given to the Governor was to
cease so soon as the circumstances of the colony would admit of a General Assembly bei„^
called and constituted, as in other colonies. "enerai rtssemoiy Deing
of Ih! !I!!I11""k7 *''".? P'"'^'^ '"JI"* ^^'"^' "•■ ^"''**' governors, was exercised by a succession
l^r^f wh™ J'P"^'j *f^ *^T'" 'tf ''""' "»* P«>clamatio„ was prom^ulgl^Tu,
we year 1774, when it wasJeefiied advisable more nearly to assimilate the svstem of leo^.
^o„ m the Colony to that of the motlier country ; and acLrdingl^an Act W p^^ whTch
^r. among other things, confirming to the inha'bitanU professing L religion^f 0^ ^u^h of
vidS f , .h ^'"T "^ ^r"I«''gion, and continuing tl.e crSninal law of England, pro-
7 ^f tt ~''H'T'"r'^K'" "^ - ^""l*'' '^ he compos;i of not more than 83, no^r less tC
to lh« LUf !5^ °^ "" ^""i"""' *''° """^ «"*<'"•««« (under certain restrictions relating
?ove.:^»ltS.y""* ™"^"" '?""'°"'> •" '^"' ^°' '"• P*'-' -'fi'-' -«« 8-^
•enuiive fi™ !!f n"'"^''''^?*'^ "' a preliminary measure to the int«)duction of the lepw-
SL^Mr iC tL rrri r"]"^^''^'^* proclamation of 1703 ; and acconlingly" i„
U^iirLl 1' the Act which divided the then Province of Quebec into the Provincei of
ZK'„^.^,r..V"::;i': ,:::;, '^""^^^^ °° each the CoMtitmion u nder whic h t hey^h...
""• ' ^ AA4' Thi.
/i
•^
180
CORRESPONDENCE RELATIVE TO TH^
.UPPBH
CANADA.,
No. 30.
Sir KB. Head to
Lord Glenelg,
17 March^iSaS.
End. 3,' io No. 30."
;'?f'
i«:5
This constitution, uiodellcd on that ot° Great' Britain, and cuntainitig all the eleuieiit«
necessary for the most perfect security and enjoyment of civil and religious liberty, has
enabled theme Provinces to n<lvuncii in w«4jlh and gcnend prospflPily to an (extent iiliiiost
without example in any other country ; andtO'om tlio time of its jidoptioii iiiitil within (Re
last few years, was regarded in Lower Cunncfa. as it has always beitu in the l'|)piM'4'riiviiice,
as the noblest monument of love of liberty and generous policy ever exhibited by a ii;itiuii
toifnrds any of its colonics.
The propriety of the division of tlie Province was riiueh questioned at the time it was
made ; and it is even now thought ^by many to have been one of the cause." of the evils
under which the country is suftering. It is but justice, however, to stale, ^Ijat in this
act, as in every other, the British Government wils influenced by a desire to consult anil
advance the social and domestic happiness of the people, as well as to promote their general
prosperity. Upper Canada was settled by united English Loyalists, who were of the Pror-
testant religion,. and were accustomed to be governed according to the laws of Kngland.
Lower Canada, on the contrary, was chiefly peopled by Roman Catholics, who preferred
continuing under the legal tribunals that existed at the time of the conquest ; and the line of
division was so drawn as to separate these two classes of people, and leave them uiiem-
barrassed by conflicts arising from difference in their civil and religious institutions. At the
time the Act last referred to was passed (1701), the population of Lower Canada did not
exceed 150,000 ; it cannot now be reckoned at less than 000,000. UgjjerCanada contained
little more than 10,000 souls ; they may now be numbered at 450,000. I'he commerce and
agriculture of both Provinces have kept pace with this vast increase in their population, and
the ISritish nation has extended protection to them with that liberal and generous spirit, for
which our parent state has ever been distinguished j added to which, we are' blessed with a
fertile soil and healthy climate, and a country abounding generally in natural advantages,
not excelled by any other portion of the globe. And all these blessings are eiijo^^ed svithoiii
taxation that deserves the name of a burthen, and which, trifling as it is, is 'applied exclu-
sively to the necessary support of the Government, and the improvement of iiftenial conimii-
nication ; and lastly, wc are protected from foreign invasion without cost, by the f^eetsajid
armies of the Ignited Kingdom. ,
Amidst these blessings, visible as they are to all the world, the Canadas have recently
exhibited the degrading and guilty spectacle of being in open rebellion against the noble
and generous power t^ which tliey are indebted for the enjoyment of them. Your/Comrtiittec
will enter into no discjjssion of the jM)ssible circumstances, arising from a long cou^e of injus-
tice or tyranny, that may excuse or justify a |x'ople in throwing off their allcgiipce to their
Sovcreigh ; they think this the less necessury.bf cause they at once asseft, that the condition
of the Canadan'prescnts no single point on wTiflfli to build an argument fiivourable to such a>
posflioii. They were as exempt from tyrinny, and us Jl-e^^m oppressioij, on the part 01
tlieir Government, as it is possible to suppose uny.peopl^^^^B^vho are subject to the salu-
tary control of laws of- their own choice, and admini»t,$d^^^Kir utmost purity by judges
above the suspicion of unfair or improper bias. '^^Pf
Neither can your Committee ascribe the condiui tof the disaffected to that impatience
natural to man, to be freed even from nominal deperia|i),ce on a higher power, although that
dependence be evidently to his advantage. Your Conunittec have no hesitation in stating,
lliat in Lower Canada the rebellion proceeded from an inveterate hTitred of British rule and
British connexion, on the part of the Canadians of French origin, to which class disaffection
is, in that Province, exclusively confine*^^
Jn Upper Canada, the riot or insurivetion (it deserves not the name of rebellion), confined
to less than 1,000 out of 460,000 inhabitants, proceeded from a heedless preference of the
democratic institutions of the neighbouring Republic, on thcpart of a small number of
worthless men, chiefly of broken fortune, who had contrived by the most gross and
detestable system of falsehood and misrepresentation, to delude a few hundreds ot^ the most
ignorant ^d credulous of the people to unite with them in the criminal attempt to seize
upon the seat df goveniment and the public offices, and to subvert the constitution.
Your Committee will now direct the attention of your Honourable House to the gradual
development of the feeliiig of hatred towards the British nation, on the part of the I/)wer
Canadians of French descent ; the measures of the leaders of the disaffected party, having in
view the destruction of thfe-^onstitutional power of the Crown, and separation from Great
Britain ; and the encouragement they received from the mistaken policy of tlie British
Ministry.
At the conclusion of the late war w,ith the United St~ktes of America, these provinces
began to attract a larger share of the attention of the people of the United Kingdom than
they had previously enjoyed ; and many persons of wealth, as wtlL as great numbers of
agriculturists and mechantes, resorted to them, as a country afl'ording favourable opportuni-
ties of investing their capiat, and establishing their families in independence and comfort ;
and from emigration alone, the Canadas have more than doubled their jx>pulatiou since the
year 1820. I ; ^ '
This influx of our fellow-subjects was in the' highest degree satisfactory to the inhabitant*
of British origin, but most distasteful and ropugnant to the wishes and views of those of
French descent. The former saw in it the most certain security for the maintenance of the
connexion with the mother country, while they experienced, in common with all others, the
immense advantages arising from increased commcree and genisral wealth, as well as
improvement in the condition of society, and social comfort and happiness. The latter at
once discovered that unless they could check immigration Q\jm the British Isles, o r at all
events, obtain such in a«ccridahry over tfic^ OoVeniincht ^ would place if Tn-W^itate of p
I depi'tidcnte
x
\
AFFAIRS <0F LOW^li CANADA. &c.
181
IhiltraU ' • '"*'' ""•^^'^ot'^'' "•^"'0". their hopes ,.f independence would be
UPPRIt
Canada.
No. .JO.
demanded the suwn.ler on t e Wirt of Z rml ' f . h ^ ""''"rstand their trae motives.) Lord (il^nelg.
Act 14 Ge6. 3. c. ««, and W, ich^bv th, erm»7f. 1 "f I " ^"'"'""eya.sed under the British l? March ,838.
y«.rs, an.ount to a sun. I^^^ he payment of iJsahrLrthr'" "" '""1 °^'' '""T \
inhabitants of Lo«er Canada addressed Fo T. K^ • •^. ^'S^^'^^'^y "•x'f 87.000 of the
contain all the grounW^co^'^^^ron Ve';«^^^^^^ lh"e P^rc'e^S tt'r„^'''"^ '°
tuiffent upon them. ' rrovince, and the measures con-
whTch'i^Thd/'^intl"?!^!^^^^^^^^^^ Report,by_^Aeexaminationof the particulartoints
n«^w f .u J »P'n'"n. justify this assertion, as the remarks thev have to offer rt.. .h»
exchldfiim the Bier' ?iv°r .7'='"^^«*/™'n H-em ; and that all tEe judges should fc
be approp^ld to nu^I! r''!!l' '!"* ♦»'Xr°°""''"'* t''" "'« J«uits' eltates should
expeiXd no 000/ S,, fh. "*"«'"""V ^'"'y •='"'^« *•>« Government with having
thehReporr^X censure .n^n^"/n^l'''' I^P'-T"*!!^*^' "^ *''«' P«0P'« = ""1 conclude
evidentirfounded on ^Ir/Tn^l ^ ^^'h""*'^. 'he Govemor-geneVai.^hich censure is
1
^Vithm.* j;.=^Li^ .V'^ -" *^"" '" oioer mstanceg) niout inaccuiataiulbrmatimj.
»lt ureve^eTvI'th.n"''*^ "h'^''.''' "i'^' recomm^idntions of this celebiTd doc^iT
«u. or e,en denying th.t, if carried into tflect m particular instances, they might have
»" i l.een
ill,
•^-"^
182
CORRESPONDENCE RELATIVE TO THE
UPPER
CAl^ADA.
• j4o. 30.
Sir Fi B. Hc»d t.
Luril Glenelg,
17 ^Jarch iBjB.
Enci
boon nitonili'd with hcnofinal ofl'oots, it is.'novorthclos^i, ap]i»rent tlmt 0VC17 ""^ "^ ''"^"' •""
i» strotv Icmlcnry to i»trciir;thpn iiiul eiiccufa<;<- a dcmocmtic ]>olicy ; rfiul 111 110 mn^le instaiife
<uu it Ih; iliMOVcicd tliat tlic ^Mmmuttce felt tfiu least solicitiule tor tlif prosirvatioii ot those
nionan hiial iiriiiciplos which constitiito so iiiip<irtant a Coatiire in the Biitish constiHitiiin.
liuloed, ivhoii yoi'ir CommiHoo rofors tovtlic iiamesof the Mombers ofthe Uousi- ot Ck)mnions
from whom this Report emanatod, and the majority rff whom coiicurn-d ni it (a bare
niaioritv, as it is gcnrrally beUeved^, thoy cannot but foci surprised that it did not occur
3, in No. 30. to thcni, that, unftss the (hown retained within its hands the moans ot sustainini; the
Oovernmcnt of a Colony independently of the annual vtite of the l.ocal Legislature, such
Colony liecame virtually inde|H>ndeiit ; and the sur))rise is not a little increased, when this
saluUiry power" of the Crown was to be surrendered to the Assembly ol a concpiered
Colony", iiilwbited by people a great majority of whom were of French descent, siwaking
a foreiRn laneuai'e, and governed by laws dittering from those of Great Bntaiii.
' Whatever oi)inioii8 raav l)o entertained on these points, it is jicrfectly certain that with the
Report in question conun"ence<l that course of policy which has, in mi sniall desrreo, tended
to brin<r about that lamentable sUte of internal dissension and revolt which the loyal subjects
of Her'Alaiesty now so deeply deplore. ^ , „ n ,.
As was to be expected, the recoiuinendations of the Committee of the House ol Oouinions
were hailed as a triumph by that party in Lower Canada, who have since too plainly proved
their traitorous and disloyal principles ; and by them the Report was declared " an imperish-
able monument of human wisdom and national justice." "^
The British Parliament and His Majesty's Ministers were led to suppose, that, if the con-
cessions recommended were made, peace and contentment would prevail "throughout the
country, and that the representatives of the people, gratified to the fullest extent ot their
wishes, would cheerfully concur in all such measures as were necessary to maintain the
Government of the Colony, and perpetuate the connexion with the mother country.
Coiifidiii" ill those delu'sive promises, flie Colonial Minister began by surreiidenng up to
the controlof the House of Assembly the funds out of which the King had hitherto been
i enabled to pay the Governor, the jujlges, and other oHicers, without whose services the
Government of the country could not be conducted ; and this measure was sanctioned by
: ParUament, under the vain expectation that the Assembly%ould honourably redeem the im-
plied pledge that they would themselves make the necessary provision. ^ Such, however, w^
not, and probably never had been, the intentidn of the roajonty of"the Assembly. Ihe
moment they had attained so important a concession, which rendefBd the Sovereign a sup-^
plicant to the Lo<rislature of one of his colonies, and that a conquered colony, for the pieaniT
■^ of carrying 011 his Government within its limits, they felt the advantage they had gamed, -
\ and thoy resolved to avail themselves of it.^ ■ r 1. v "' i 1
rniiifluence<l by the noble and prompt example of the repiwientatjves ofttlfe loyal people
of UpperOanada,whft4)atrioticallyandwiselysecuredthe independence of fhe judges, and the
upriirht discharcre of *e duties of the Governor, Executive Councillors, and other high olhcers
^ of tlie Government, by voting them reasonable, and permanent salaries, the Assembly ol
'Lower Canada refused to vote a shilling as a supply for these objects ; and the judges and
other public functionaries have in consequence, for yeare past, exhibited the degrading
spectacle of being compelled to borrow and incur debt for the ordinary and necessary sup
port of tjioir familios. - '\. , , j »• i-.i
Notwitht-tandiiig this vicious and ungenerouscourseof conduct, the recommendations ot the
Committee oftho House of" Commons continual to be acted ujion. The chiel justice was
removed from' the Executive Councils in both Provinces; the judges, by a questionable
exercise of the Royal influence, wore inducted to absent themselves from the Legislative
Council in Lower Canada; the Jesuits' estates, the property of the Cro^VIl, were generally
given up ; now Members wore added to the Legislative Council to render it more indepen-
dent, chiefly taken from among that class of persons most distinguished for their opp<isiUon
to the Govornniont while members of the Lower House ; and the noble-minded and patriotic
Earl of Dalhousie was recallttl. /../-.■ r u
Having thus gained all the advaiitages promised by the Report of the C ommittee ot the
House of Commons, the Assembly turned their attention to new subjects pf complaint, and
increased eflorts to annihilate British influence. They erected themselves into an incpiisito-
rial tribunal for the trial of siiih olficeis of the Governmont as they dosued to deprive ol
their situations, and succeeded, by a 8y,stem of attack unheard of 111 any other British
Colony, to induce the King's Govenimertt tb dismiss from office and remove from various
situations several of the oldest, most faithfSl, and most respectable, servants of the Crown;
and, to render their eagerness to retard and discountenance the increase ol population Irom
the British Ules more apparent and oBectual, a capitation tax was imposetl on all emigmnU
from Groat Britain and Ireland, and from thence only, on landing at (Quebec ; and strong
■ eflorts wore made (hitherto unsuccessful) to induce the Home Government to annul the
agreement with the British America Land Company, which had been established lor t he
settlement of emigrants from the United Kingdom, on lands lying waste and useless in the
most fertile part of the Province. They exerted themselves to procure the reijeal ol the Act
passed by the Imperial Parliament, authorising persons holding lands under the ancient
feudal tenure to change their titles to the British tenure of free and common soccage ; anil,
in the most arbitrary and unconstitutional manner, thoy frdm time to time expelled memliers
of British descent from their body, and maintained in their seats those of French origin, who
had been elected in the most palpably illegal mann er. A nd lastly, the Assembly dcniaiulert
that the coiislituiloii of the Province Rhoiild be »b atemt, ssTOHdnrit of theetertimto* the
members of the Legislative Council by the people ; and ultimately declared th«ir deterraina-
>'
ti-i ..
<)■>»■ " '■— —
o.
\
AFFAIRS OF LOWER CANADA, ««;.
1B:<
tioii no lonjrer to act in concert with the i^lher tinuicliCii of tlie Government uiile>s th
deumnd wub coniplit'il \v>Ut> ^^
Hail tliis pouit been ctinc>MTOi(%nil', frbni tlie I'acihty witli wliich their previouH deiniuiU.s
Iwd been jrrauted, tlic Ai<8eiiil)ly hud reasoname uiounds to suppose it wouhl be yirlded to
them), the lust ve»tif;o of Uritwh supremacy would, us a mutter of course, have beeii
aimihilated. Hapnily, howevifr, the Uritish Minititer did not |)ostiCss the [Hjwer of makin<j
t&is concession witltout the authority of Parliament ; and in that august assembly it wus not
Ukely to meet with mueli countenance.
The time, however, had arrived' wlicn it wns\indisi)Cnsal)ly necessary, either to abandon
the Colony to a stile of anarchy, or adopt nieasiires to prevent the Goverument from (idling
to pieces, and accordinjily certain resolutious were proj)oscd by one iil'the Kiii4;'s Ministers,
and adopted by tlie Lonlsaiul Gouuiions of the LViteJ Kin'j;dom, containing a timid pledge
not to extend the elective principle to the Let;islative Council, aud projK>sini; the pnynient of
tl»cjudi;es and other public functionaries the urriWs of their unjustly and loni;-witlilield
salaries. They further proposed certain chaui;es\ in the system of adniinisteriiiij; tlu;
Government in both I'rovinces, wliich the authors doubtless believed would be ||:oductive of
salutary effects. \ ,», -
The leaders of the revolutionai-y faction, having thuV for the fust time met an apparently
decided refusal of their demands, determined, in an eyil liouv to themselves, but, as every
loyal man hopes and believes, auspicious to the future Welfare of these Frovuices, uii revolt.
They carried their design into cveculiou, were ijverthrowij, and, as we earnestly l)ray, fur ever
cruslied. '
Your Committee believe that the history they have thit,s given will suflieiently prove that
the impelling motive to rebellion^ on the part of the Lowpr Carui<li(9lS,l*as they (tlie Com-
mittee) have asserted in a previous part of this Report, was ," hatred to British rule.'' They
were not oppressed ; they had never been oppressed, or denied, a; single right that Britl^(ll
subjects could justly claim ; they were prosperous, tuid they\miglit have bei'ft happy. It is
due to truth further to remark, that disaH'ection was t>ontine<L\vith exceptions su U-w as not
to deserve notice, to Canadians of French descent ; and that it\Svas put down by soldiers lyjd
citizens of British and Irish origin, and by them only. \
Your Committee would here gladly close their observations oi\ the revolt in Lower Canada,
and the c^nuses which led to it ; but the due pi'rformance of a Solpinnduty requires that ihey
, should not omit notice of the uuw ise measures that, tor a serie* o^' years, marked the policy
of the British Ministry towards that Colony, aiid which, in the oyii»ion of almost every honest
and intellii^nt man in these Provinces, greatly encouraged the'disVHected in theii- ho|)e ot
throwhig w British connexion. \
The concessions made, in pursuance of the recommendations of\ the Committee of the
House of Commons, have been noticed ; and the dismissals from offive of persons accused
by the popular branch of the Legislature, and against whom the Executive of the Province
had preferred no charge, and whose impeachment was known to be in opposition to ,its
wishes, have l)een already adverted to.
In consequence of the first, the power and efficiency of the GovernmOjit was destroyed ;
and the cflect of the second was to alarm every public servant, and to cause him to fciir
that he might b« ^lismissed and dishonoured, through the false representations of malignant
and irresponsible accusers. But this wim not all; it seemed to be considered necessary,
upon almost all occasions, to show 'a deference to the wishes of the disloyal faction, and
a total disregard to the claims and representations of the well aflccted.
The Earf of Dalhousie, a nobleman peculiarly suited, by his talents and firmness ot
character, to administer the Govcmlnent, and endeared to the British portion of the commu-
nity by his many generous acts awl estimable qualities, was recalled ^Jt a moment when he
was resolutely upholding the ^constitutional prerogatives of the Crown, and vigorously
maintaining t|ie authority of the laws.
His successor. Sir James Keiupt, was the fii-at Governor-general who was directed to liill
in with the views of the dominaht faction, and endeavour to conciliate the disatl'ected. He
comnuiiiced hig government by thanking' the Assembly for, and declaring his high satisfac*,
tion at, receiving an address ftom them, which contained an ungenerous and unjust attucli
upon hisihible predecessu;. His administiation was, nevertheless, an entire failure ; and he
had sagacity enough to resign the Govennuent at the moment when men of all parties were
ready to condemn his measures.
Lord Aylmer followed ; and never did a Governor more assiduously labour to gain the
applause of the autT-British party tliun his Lordship did for the first two years of his admi-
nistration. Nof^single request was made of him by the Assembly that he did not grant ; ami.
in not a few instances, he yielded to demands, that deeply compromised the constitution.il
rights of the Orown, and the justice due to individuals. He suspended from office the ubli'
aud efficient Attoniey-general of the Province,, upon charges the truth of which has never
been established (although hisdismiesal wasaftt'iwards, upon other groundsrconfirmed by Lord
Goderich)/ He rendered the Legislative Council " more independent," by placing in it
some of the most violent and ungenerous opponents of the Government ; and, at the very
time when the Assembly were tiictiously withholding from the judges and other public
officers of the Crown the salaries and allowmices to which they were justly and constitution-
ally entitletl, and for want of which some of them had been reduced to poverty and want,
his Lordship advanced them money, without legal authority, from the public funds, to enable-
them to pension Members of the Bntish Parliament to use their influence m obtaining coii-
eesaieM 1»B» ^ Imperial tit>v«n»Hiei»t, tb«t <vQnldjj » : hwt granted, asHi^liem inaccom^
pliihing tlicir revolutioiutry designs. At a subsequiHit sassion his Lordshiphad tlie temerity
8*7. II D 2 to
UPPER
CANADA.
No. 31).
Sir V. R. Head to
Lord GUntIg,
17 March 1838.
End. ;i, ill Na,,30,
I8t
COUUESPONDENCE RELATIVE TO THE
UPPKR
CANADA.
No. 30.
>ir F. II. Mead to
Lord (tleoelg,
17 Mnrch 1838.
r^
to usk the Assembly for a bill indemnifyini; him for having advaneeil money in com))liaiicc
with their AddrestH (mlv.nixt to protect him Iruiii tliu pttrsuiml lial>ility he Imu in coiiiieqiieiice
incurred ; and Ije declined makini; uny further advance until an Act was passed to that
effect. Tliis wag dei-nicd a violent breach of the consptutional rights ai\d privileges of the
House, and forthwith U2, Resolutions were fulminated, impeachmg his LohUhip of liigh
crimes and misdemeanors ;. denouncing the British Government as. arbitrury and oppressive ;
' threatening rebellion, and containing; matter altogether so grossly treasonable and si^ditious,
End. 3, in No. 30. t^,„t rvery subject ol" tlie Crown, wT\\ tespected the ancient institutions of the retthn, ai^
dCsireil to see the constitution of the , country maintained, was led to expect that, if tlie
anthors were not othervvise punished, jt^issolution of tlje Assembly would take place, if dir
no other reason tlian to prove that the King's Qoveroment was sensible of the indignity that
' had been offered it. Fur different, however, was the result. Itis Lordship was recalled from
his Government ; and the author of the Resolutions referred to was elevated by his successor
ti) a seat on the bench of the Superior Court of the Province.
'' Lord Gosford's administration now commenced, and with him were associated two gentlemen
as cbnimissipnci's, appointed to inquire into, and report noon, the state of the Province, and the
grievances under which its inhabitants were reputed to Iw suffering. His Lordship's instruc-
tions were, to adopt the most conciliatory policy towards the people of the country ; this was
done by showing open favour and partiality to the known leaders of disaff'ection, such as tlift
)>romolion of Jlr. Bedard (above alluded to) to tlie Bench, and of Mr. Debartclu to the
Executive Council, and' manifesting a distrust and want of conlidencc in those who, in
the day of peril, have cast aside the recollection of their wrongs, have rushed to the sup|x)rt
of their Sovereign, and have proved that, in the hour of rleed, to them only can Her Majesty
look for the preservation of this portion of Her dominions, as an appendage of Her Crown.
The first act of the Asseuiblv, ujion being called together by Lord Qosforil, was to offer an
insult to our late gracious and good King, by denying his right to umioint Cmnmissioliers
to inquire into the state of affairs in the I'rovmce (one of li'is conquered: colonies), and con-
temptuously rejecting an Act which was designed and intended for rts especial benefit.
Notwithstanding this (and without requiring any bill of Indemnity for Lord Aylmer), the
new Governor-general, in obedience to his instructions, and in pursuance i>f his conciliatory
policy, " cheerfully" advanced upwards of 20,000/. of the public revenues, on the sole
-address of the Assembly, and in iletiance of the solemn protest of the Legislative Coiincil,
to enable the former body to ))ay the arrears of salaW due to Mr. Uo6bucJ(« of the Imperial
Parliament, and to continue his allowance as an ag^ilt, and to reward, his exertions in for-
warding their revolutionary designs. Having been thus far triumphant in atl.their Conffifts
with the Governors of the Colony, and having ()ceii"led to belicVe, that they wtiuld ulti-
mately succeed in their attempt to coerce the Home Government into graiiting lUcr n«xt
great object for which they weru contending, viz., the subjection of the Legislative Council
to the popular wilt, controlled as the latter was by the same inffudnce that had rendered
tlie Assembly a mere revolutionary club, they declared, as has been already stated, that they
would proceed no further with pniilic business until this demand was complied wi^h.
Your Committee will bete close their observations on the political history of Lower Canada,
as distinct from tliiit of the Upper Province, and will now otfer some few remarks on the
progress of the latter to that state of prosjierity and contentment in which it was peacefully
rept)sing, and which it would have continued to enjoy, but fof the unnatural and wicked
revolt that broke out in Lower Canada, pruc.t;eding, as it did, from causes that your Com-
mittee have detailed.
The advancement of L'pper Canada, in population and wealth, from the time of the divi-
liion of the Province of Quebec into Upper and Lower Canada, in 171)1, has already been
nlluded to ; and it is, j)ciliaps, not too much to say, that from that time to the present, no
country in the wtftld, has presented a more industriously disposed, or devotedly loyal people,
than were to be found nilliiii its limits.
It is of course true, tliat in the excitement incident to all confficts of domestic political
parties, disagreements have occurred in the House of Assembly, and among the electoi^ and
people generally, that have led to references to the Home Government for the redress pf
alleged wrongs, and which have been seized u|)on by the adverse parties as grounds for
imputing to the i>eople general discontent and dissatisfaction with their Government. It
would probably be sufficient evidence of the want of just grounds for any .^uch statement, to
refer to the history of past Houses of Assembly, and the result of the diffierent ap|>eals that
liave lieen made to the people at general elections. This would show that, since the time
our first Governor, General Si nicoe, entered upon the administration of the Government i>f
the Province in 1702, to the present time, a period of 45 years, there have been but two
Houses of Assembly returned, who can be said to have taken a course hostile to the views,
of the Government, each of which was srtocceded by the election of a large majority ofc I
representatives of a different political character ; and on only one occasion has there been a /
dissolution ofi account of differences with the local administration. In truth, the|)cople are '
intelligent as well as patriotic ; and when left to themselves in the free exercise of their
constitutional rights, they have ever proved themselves able to apply the necessary remedy
to any attempt to oppress or mislead them.
W nil respect to tlie loyalty of the inhabitants of Upper Canada, your Committee will not
insult the noble pride and exalted patriotism of their fellow-subjects, by any sentence or
word that could imply, in the most distant degree, that there wa$'a necessity for defending
it : they point to their descent ; they point to their deeds in a fornier war, and they point to
Oheir attitude and bi>«ring at thi« moment of t)>r«aten«d iavasion taad tevall. aadui«y bid
their calumaiatora, be they in the British senate or elsewhere, to point out the stain or
reproach
~:*t„
:\
AFFAIRS OF LOWER CANADA. «tc.
1H-,
ui'I'Eir
CANADA.
reproacli that rest upon tlicir fair fanio, as " loyal men and tfne " to llieir Sovereign and
their country. If in truth they ,desired to release tlieniselvcs from t|ieir allepriunce, by •
traitorously ronspiring against tli(! authority of their Queen, what prevents their aeconi- N'o. ;Hjr.
phshing their wislies ? It is not many dayw since there were not 00 soldiers of the regular Sir f. I). Ikud to
imiy in the Province, and cveii now, when the usual military force has returned to our Lord (ilcnelp,
garrison*, there is no man who will not admit, that the question of remaining a dependency >7 March 1838.
of the British Crown rests entirely with ourselves. That question has been answered ; and — — ,
the gipCcrity of the reply has been proved by more than ao.OOO men, eagerly striving who End. 3. in No. 30.
should be for^qiost in taking up arms, and hazarding their lives and fortunes to maintain
and i)erpctuat(j our connexion with our glorious parent state.
It, ho»\ever, must not lie 8up])08ed that I'pper Canadians are' without their causes of com-
plaint against the liiiiicrial Government. The fact, your C'ommittee lament to say, is far ',
otherwise. They have felt, in common with their fellow -subjects of Britisii origin in Lower
Canada, the blighting efl'ecl of the erroneous policy pursued with respect to the lattej
Colony. The consequences of it have been, to render nugatory some of the great entet-
prises this Province has engaged in, to improve its navigation (esm-ciallv that of the Saint
Lawrence), to extend its coniiilerce and increase its revenue. The di^^sensiolls that have
so long existed there, liave-alarmed and prevented thousands of our fellow-subjects in Great
Britain and Ireland from coming and settling among lis ; and our intercourse with the
mother country has been interrupted and obstructed by oppressive and unjust legislation,
countenanced in some instances by Ministers of the Crown. 'Ihese evils have been fieqiiciitly
and earnestly represented ; but althniigli the remedy has always been in the hands of the
Qritish (lovernment,! it has never been applied, and we are now lett to suffer under them
with accumulated fbfce.
In our own more ihmiediatc and local concerns, we have at tinies been alarmed and embar-
rassed at the api>urent influence uained by the enemies of British connexion with the- Colonial
Secretary of State, and the interference which followed in matters of a purely local cha-
racter. Among the number oftljese may be mentioned, the threatened disallovyaiue ot our
bank charters, after tjiose institutions hail been for some time in full operation; interference
in legislative proceedings, relatiiig exclusively to questions of privilege ; and frequent colli- ,
sions witli our Gtjfeniors, the nionK'iit they manifested a preference for that class of persons
they had^leamed to regard as best entitled to tlie confidence and protection of their Sove-
reign. To this last ground of comprint, your Committee teel it a painful duty to draw the
j)art[GHlar attention- of your Honountble House, and with their remarks upon it, to close this
part of their Keport.
The appointment of Sir John Colborii*? to the government of this Province, as the succes-
sor of Sir Peregrine Maitland, was simultaneous, or nearly so, with the appointment of Sir
James Kempt to the (iovernment of Lower Canada ; and there is no doubt that the design
of the British Ministry was to infuse a larger share of " liberal policy " and " conciliatory
measures " into the administration of public afl'airs, than it was supposed previously existed.
Sir John accordingly kept alocf for a time from the old and tried servants of the Crown in
the Colony, and jnaiiifested a disposition to conciliate the good will and support of tlipap who
were understood to be opposed to the past administration of Sir Peregrine ^laitMH^ In
this His Excellency met with no etnbarrassment from any. one ; the ollicers of G(n|ffi>ant
did tlieir duty cheerfully and steadily ; they never intruded themselves upon his notiSli, or
fought to embarrass him in the attempt he was making to reclaim the disaffected, or to
strengthen the loyalty of the wavering ; lie conferred offices, in a few instances, without suffi-
cient assurance that they were deservedly bestftwed, and to a more serious extent lie
deprived some of the best men of the Colony of eraoluments and appointments they had
long enjoyed, and to the continuance of which their merits and long services amply entitled
them.
His I'xcfUcncy, however, soon found that measures of this kind were not the most judi-
cious; he discovered that he mii;ht make enemies, but that he was not likely to gain friends ;
he was speedily convinced that the designs of the majority of the turbulent and noisy politi-
cians, self-siyled reformers, who sought his confidence, aimed at revolation, not reform ; and
[he was therefore compelled to withhold from them any further marks of his favour.
Owing t^ caMses of an accidental and lo*al character, a House of Assembly was .returned,
rontaininga majority of II opposed to his administration. The leaders of this majority
industriously applied themselves to the investigation of supposed grievances, and the promul-
gation of reports from select committees, calculated to inflame the public mind against the
lieutenant-govemor and other aflicers of the Local Government, and by false reprcsciSta-"
lions to render the jieople discontented ; these were in some instances sent to Uowniag-
rtrect by order of the House, '^iit Other times by individual members, withouttlie sanction of
the Assembly. t ■■',
The consequence, as is now >generally understood, was, that an ungracious correspon-
dence sprung up between his ExjipRlency and the (Colonial Secretary of State/^o offensive to
Sir John, that he was induced to {/tnaet his resignation, which, |lowever, tj|id not reach
England bcfere his recall had Ix-eh 'determined upon, and in the depth of a Canadian winter,
tfiis venerable and gallant soldier, with a constitution impaired in tne service of his country^
and a, body mutilated by wounds received in many a victorious field of battle, whose name-
is identified with the glory -of his country, felt himself obliged to leave the seatof Goyem-
ment, and repair to the Lower Province, exposed to the inclemency of the weather, -accom-
panied by his numerous and amiable family.
— Utia v m > a c e i w that awakened thesjnnpathy and aronsod tho indignation of the generous
»nd loyal people of the Poxivince. At every town and village on his route of 300 miles, he
367. . B u 3, was
'• "Cv"*-.
I>
I8«!
COIIRKSPONDENCE RELATIVE TO Tllli
I.oi
I
UPIM.R
t'\N«\D.\.
N(i. ,j(i.
I . B. Mead to
il Gknelp,
Murih 1838.
l.nrl ;), in Ni). 30.
I
was lui't liy mlclicHHo cxiiri'sHivo of tlic n-Hjx'Ct and ix'irurd in wliitli lie wiiu licld as u man
and as a (io\criior; and lliioii'^lionl Ins wliolc joiiiiicy, llir |h?o|)Ic tnrni'd iint in tlicir slci.r|ij,
and iiirria);<'s, mid witli accluinutioiis ai'coiiipaiiicd and iliet'nHl Inui on Iiih way. ""^
Till' drpaiiurr of Sir John Collioriic int'iiM'd new We and vijronr into tlio I'uctiuii tliat liml
acoKlciitailv »c<iuned u teiii|iuraiy aKeendaiify i" tlie Aitsfinbly. Always ignorant of lln' true
(eilnn;H and cliaraeter of the i;reut body of the |)*o|)le, the leaders of this party detenintKid
on inakni^ 11 displav of their faneied poUtieul |)ower, and, if |iOHHible, eslnblmh tlieirniicim-
daiKV III the louinils of the I'rovinec ; and tins they b«-lieved they could the morvj;tt8ily
accoiii|>lisli. as it was rejiorted tliat the new (.ioveinor wiW u " trisd n'roriner."
I'|Kiii assniniii^ tlic adiiiiiiisliation, it was generally understiHid that Sn- Fruiicis Ijisid was
instructed to pursue a poliiV far more libtfal than lliat of Ins nredecessor, and the lipnre-
heiiMoii.s enlertanied, that ineasiiips uiiftht lie too hastily taken, l)y which the country woald
lie iiiNolved in' lasting; dissnisioiis, were i;really iiicrea»ed by the appointment of Dr. Ilulph
and .Mr. Robert lialdwin (o be ineinlxTs of the Executive Council ; and to prove how well
liiiinded were these fears, it is sntbcitjnt to state, that the first-named individual has since tied
■ the country to esca|)e the penaltieN of treason ; and tlii: latter, luiif; his most intnnatr |),j1|.
tieal askiH'late, has professedly uilhdrawii Inniself from all interferenee in public alt'airs.
Kuinoiirs of other appointnients, eipially distasteful to the loyal subjects of his Maji-Htv,
were at the same tune m circulation. Happily, however, More theyyould lie made, if they
were ever intended, events occurred that saved this Province from evils that must inevitably
imve led, and that within a short |)eriod, to the entire destruction of the authority of the
CroWn, and 11 s|H'eily separation from the par<'nt i»late.
No sooner had .^lr. Kolph and Mr. lialdwiii (with whom also was/associated Mr. Dunn,
the Hccei\er-i;eiieial,) taken their seats at tlie council board, thilii they pro|>oscd, and had
sntheient iiiHucnce tttinduce the other memlx.'n< to au'ree to the pro|Misul, that they should
henceforth, in effect, be accountable to the people, suid not to the Crown, lor their acts ; that
is, that they should remain in otjice so haiu; us a majority of the Assembly approved of their
coiiduvl, and no lon^jer ; and that when the Lieutenant-fjovernor acted ill opposition to their
advice, tliev should be at liberty to make die cireuinstance publicly known. This preposi-
tion, so coiitrary to all colonial usajj;e, and destructive of the constitutional authority of ^the
Sovereiirn, by rendering every departiiieirt of 'the Government d«*|)endcnt on the democratic
braiifh of the Leuislatiire, at once convinced the Lieutenant-aovemor of the real character
of the men he had, with an lioncst desire to reconcile confilutiii);; jiurties, admitted to hiB
contidence, and the extreiiiely delicatp and somewhat dangerous ]Xjsition in which he stood.
Happily for this Province, h4s Evcelleiicy possessed a vi|j;orous, active, and iutelligeut mind,
and waj* prompt and resolute in actiii)^ upon its sui;<;estioim.
He addressed the Council in terms of mild, but tirm remonstrance ; he |x>inted out with
iibilitv and clearness the error of their opinions, and the daucer that would result from
their adoption ; and, yi conclusion, candidly stifled that, unless they were abandoned, his
contidence in them must cease. The Council adhered to their opinions, and resigned iheu
office.
Ai was to be expected, the party in the House of Assembly, whose hopes of establishing
their political power were thus suddenly frustrated, became, in the highest degree, exaspe-
rated ; and after adopting several resolutions and addresses, in the hope of regaining the
|V)wer winch the unwise and hasty conduct of their leaders had lost to them, they appointed'
a Select Committee, comjiosed exclusively of members of their own political opinions, with
authority to send for persons and pa|>ers, and to report the result of their inquiries.
The Report made by this (.■ommittee was bitiught up towards thb close of the session:
it IS a document too voluminous to admit of a detailed examination in this place, even if it
were desirable to do so ; it is enough to say that, in addition to its containing the niott
ofUnsive and insulting faniinaiie towards the representative of their Sovereign, who had be^n
but a vei'v few weeks in the Province, and of whose general character and sentiments they '^
could scarcely have any knowledge, its authors contemptuously rejected the uiier that had'
been made, to submit the (|uestion in dispute to the Kuig. They, in effect, insisted that
thetciinstructionof thcconstitution rested exclusively with tnem,and that whatever might be
the decision of the House of Assembly, all other branches of the Government must be bound
by it ; and they demanded adherence to a course of )>olicy on the part of the executive,
which, if granted, it was manifest to every reflecting man, would utterly destroy the autho-
rity of the Crown, and would subject tne people to the government of the capricious and
ever-varying opinions of the party that might chance to have the ascendancy.in the House of
Assembly ; and lastly, it recommended, aiut the House resolved, that until the concessions
demanded were made to them, they would grunt no supply for the support of the Govem-
luent ; and the session accordingly closed witlioui any provision having been ifiade fur the
jiublic service.
At no period since the formation of the Government of the Province, had so distinct and
open a disagreement occurred between the Executive and the House of Ai < fe n|||ly. The
questions involved were of vital consequence to the fu^re pcace^i^elfalre, and good govefn-
nieiit of the country ; and at the same time they were capable of being plainly stated, and
clearly understood. They were argued and discussed at public meetings and in private
circles. Misrepresentation and abiwc of the public authorities, and of the Lieuicndnt-
governor in particular, were the wea|M)ns used by the advocates of the majority of th^ House
of Assembly ; truth and reason were opjxjsed to them ; the latter were listened to, and fully
compreliended by a loyal and intelligent people, and the result was, an almost universal
demand for the dismisBai of mm who had betrayed their confidence, and, under the vetl oi
patriotism, had endeavoured to destroy the constitution they so highly prized. They became
connnced
^
r-
AFFAIRS OF LCHVEU CANADA, «cc.
»R7
urPEK
ci>n*i'i<"<'<l lliiit, if tliosr pcrsoiw iiiccccdcil in llicir pdliticnl vii'Wi, tlio roiinlry Would unmi
be iiiih|i'Ct U) Ui(' tyruimy <it an iiii's|)(iiisil>lc luclioii, iiiul timl llic clic'riflii'd ciiimcMoii wljli
the liiiiiiit MliiU' iiuiHt, fii' loiii;, ()(• disHolved. No. jn.
Tiif iMailHiim lliiit HI re adilicBHfid ti) tlu' Ijciilciiiiiit-^rovcninr, roiKlriiiiiatory (J' tlic pm- sir I'. U.l lead to
ccedin^H ol' tlie lloiifr (d' AsKCiidjIy, mid di'iimiidiii'pt its dtswdiitioii, and in the Ktiiniucsl Lord (ilem-lg,
lerniH iipproviii^; of tilt' linn and iiii('(anpr(>niiHini: riMirHc piirHiicd hv tlie Licutcnant-i^ovcriicir,
(•vinced llic most iini-cpnvixal uttucliincnt to tlie coiistitutum us by lnjv cHtiihliilied, tlur
deterniiiiulicai of tlie [leople t(u{iiaintaiii it inviolate, and their i;ratilnde lo>»ir I'ninciK Head
for liiH reHiHtanee of the atteniftn that liad lieen made to niilivert it. The disHohition of the
AnHCnibly, and tlie general election that followed it, resulted in the re|e(tioii of eifei-y pronii-
uent ineniher <d' the majority of the last house, and the return of an overHlieliiniis; prepoii-
deraiiee of tlios<' of an op|M>Hitc political eiianieter.
The overthrow of the imrty, instead of beint; silently and res|M"( tfiilly submitted to, an the
coriBtitutioiuil decision <)f the electors, served Tint to exasperate tllem, "and to lead them gra-
dually to the oiKUi avowal of their traitorous desifjiis. It^was asserted, tliiit the elections
were decided by bribery, corruption, intimidation, and riot ; and by the uncoiistitntional
interference of the (iovernor in creatiii); a vast number of votes, by the unlawful issu<> of
patents for lands to persons who were not entitled to thoni ; and a Dr. Charles Duncoinbo,
one of the itersons who belonged to the imrty composiui; tlu; majority of the last H<>use,>ami
who had becnVt-elected to llie preseiu, liad the sinijnlar audu<ity lo embody these utterly
false assertions in. a I'etition addressed to the House of Coiiinions, which Petition was pre-
•ented by Mr. Joseph Hume, then one of the Meniln'r!*' for Middle8ex,.nn<l the (upon all
occasions) chosen niuiithpicce of the traitors of this Province. ' '
A copy of this Petition, as an act of justice, was transmitted by^ht; SeeretnryTJf Slate,
for the Colonics, to the Lieiiteiiant-guvenior, for his remarks. His h^fcellency, beibrt! notic- ^
jng itJiiaisolti- tfnfisfflittei! ii to tlie House uf Assembly, as the bmly best qualified to inves-
tigate the charges contained in it. Tlie Select Committee to whom it was refeiTcd, composed . ,
of the most independent meml)crs of all |iartie8, entered upon the iniiiiiry, and as soon as
the petitioner. Dr. Duncombt^ t<K)k liis seat, he was called upon to establish his charges, and
was informed of the readiness of the Committee to hear ony. evi<lenee he might have to oHer
in their support.. So fur from doing this, and well knowing the untruth of his statements,
he left the House on some idle pretence, and never made the least attempt to establish any
one of his assertions. »
The Committee, however, were not content to leave the matter there ; they called before
them all the leading members of the party to which the petitioner belonged, and questioned
them as to thei/ knowledge of the truth ofthe charges made by him. Most of these jiersonN
disclaimed all connexion with Dr. Dunconibe, and not oiie of them ofl'ere<l the slightest evi-
dence, or intimate<l that he could give any in supi^rt'of his allegations.
Xhe Committee then proceedecl to a more conclusive step, and calling before them per-
sons of the higlfest character for truth and honour, and requiring the production of docu-
mentary evidence, the most conclusive in its naturtr, every statement contained in the
document referred to them was, to the entire satijifaction of evci-y honourable man in the
Province, completely disproved. Their Rejmrt, drawn up at the conclusion 'of their labours,
vindicates the conduct oi' the Litutenant-governor in the most a^ple and satisfactory man-
ner, and rescues the loyal electore of the Province from the calumny of having been iiitlii-
enced in the exercise of their elective franchise, by bribery, corruption, intimidation, or any /•
other improper means. '
This additionaloleteat of the revolutionary faction, had the'efi'ect of urging them forwaril i.
to ottemi>t the attaiii'niii'nt of theiRtthKrotis designs by violence, earlier than, otherwise, in all
probability would have lieen the'Mjpr They saw that the great majority of the peoplf were
of stern and nicorruptibh! loyal'^ ; ilheir. Impes of countenance from their representatives
had vanished ; their attcnipLs tp Qtislead the }!riti!ih Parliament hud resulted in their own
.disgrace, ond the^ Province was ((ovemcd by a man who, guided by the principles of the
constitution, firmly resolved to do his duty, and they saw that all their efforts to intimidate
him, or to draw <nm asidt from the resolution he hud formed, to concede nothing to faction,
would be fruitless. Meet,ings were consequently called by the chief agitator, Mr. Mackenzie,
and were attended liy some few scores of deluded ri^en, at which the treason in progress
in Lower Canada was-fapplauded, and secret measures were taken to assist them in their
attempt at n^voliition.
During these proceedings Sir Francis Head reposed in perfect confidence in the trietl
loyalty of tfie great bo»ly of the people, whose Governor he was, to check and overthrow
any attempt that might be made to subvert the Government, und when the Commander of
the I'orccs, Lieiiteiiant-geuerul Sir John Colbonie, desired to be infomied what number of .
the troops could be.'spared from I'pper^Canada, to assist in putting down rebellion in tlus
Lower Provinct, Sir Francis Jlead promptly and mihesitatingly replied, " All." ' They were
accordingly marched to Mmitreul, and soon after tjje revolt broke out in the- vicinity of
that place, and, for o time,' fears were entertained fliat the struggle would be of long dura- /
lion, The number of troops in the eountry, it was appreheiKled, was too small to afi'ord
adequate pr(Aection to all parts of the Province, and Sir John Colborne, in consequence,
applied fur additional assistance from the militia of Upper Canada.
It is now 'w«Il known that a correspondence was kept up Iretwecn the leaders- of rebellion^
in lx)th I'rovinces, and it is not jjtiiprobable that tliosc in I'ljpcr Canada were induee4 to X
hapten their meditated revolt) wttl^MHriew of prev»nting any of the gaHant higlilaiiders and
<4he)r mtlitift ol' the eastern diafafitfii beiog s^l to the assiatauee of their loyal felltfW-a uh >r
jccts in Lower Canada. , ' ' / ,
W. u n -i ' It
l^nrch 1838.
End. 3, ill No. 30.
/ f
,r
IHH
DIM'Elt
ANAUA .
COKRRSPONDENCE HELATIVK TO TJIK
17 M
End
. U. lleail lo
Glcnclg,
arch itfqi<,
y, ill No. 30.
It «,,»s.i|)...wo.l.by Ih.umif.irx, ll)..t „„(h.i.- p„„|,| „rt|^,t„,„i ,|„, „,|„;i,.,|j*,. . „,,,i
«ire s,u...-fnl, ,1 yn.s ,m«„,„,.,1 ,|,ut, as a nmH.r ..f.vmA Upi^-r C.m.l.riM.iSt )„.|
iiivo Im'imi the l'iU!l. T
II '
if tht'v
■tar n,|,,r«,s,.. ».• «r>. ,m,w wuna..l,.,l m nay,,',;;, wouM l.«v« U..',', t|,„ ft,. * ^ "'
I. o„..,.,l ,.. ,l,o»H,u„ls to t ... >«.»l ol n..vr,„,„..nt, U, r..,Hl ll„. attack .,tr..l«.|1,„»*a,„l , ,,,7 "
. ural ,n„.„rH. an.l tn.H ot tl.ouHa.uU «oul<l n^l.kr uma-er hav.- nmrcl«.l at l.m n„„ , '?: '
r t,., „„.| „„.„„«,„ tl... authority ..f tl.rn S^rnKU i.t tl.« Liiwit l>rovi,.c,.. 'I',, I , "^^ „'"
« mJ julluiriur t., tl.o ,.rii,.M|.l. s of tl.e .onstitiilioii ii. tlm a.li.iiniHtmtioi, of tl.o gov Jm w^
th IH .loe,>ly at .ctMi^ an.l nn,i,tyi„j^ ..xl,il,iti...i o( ..|.tl,u..>t^ti,- l.iyalty is to U- ..«.tX,I i.'
oth. . ,«,l,.-v than Ins. an.l t.w oti.cr n.o.i tli.m Sir Fmiui. H.-aJ, ...,ul.l li.vo oalle.l ,1 tl.r'tir
snl 1' r lV'''vi ''T^'"''"'.''"^ '"" ■'""" '>.v ll"' pliant sol.li.TH an.l loyal Untisi,
.1.1"' 't' ,l""l'''f*>- '" '^Pl«'^ ^''"''"'" " "'"y tx- said to.lm.h .Wh pnt^ nvUx^k
tl. . nalipia,. Irown o^ m.^.,snlti^ p.,^^. Hnnttmli ST tlTe rep^'ntant oHtMidm-liavo Wn
.^.r«u*,. hy tl,r imtti «1io ,n HiTrxerfis,. of tl,« Royul cleiueiK-y, U.tl. wl.icl, he was niMiHtd
«'"* ^•"'I''"v.TC.I to „xte.i,l imrdon to ahem; thu» proving, in u n.unner tl.o ...oHt >;r«t,.f,il u^
hi. own gj.....ro»s mature that lie-woH n..l th,, tynu.t th.y ha.l l,....|, iiid..c...d to believe l.u '
1^'^^T' """■'■ ^'".'"y,' "T"'' """.Ti™i<» wlii.;J, 0,e laws th.7 woi.1,1 ha»« overthrow,,
nw^,Yvard the,,,; a.,d the lead.rs. n,cl,.dniK Uolj.h, Duucmibo, a.Id Ma.-kenxie/the lau.lo '
• a,>d l,..|,sie,lp«t.i,,ts ,rf-Mr.J,,se,.h Hume, hav., Hed theirJoui.tr/, an.l haCe fo«nd a
a.y nil ,1. he ('.i,t...l States, anioii.4 the robbers, munioreB»/p,ratc»:.a..d traitors, who, m
ll;:;StilSir;:pt""''' '""V""' "-— "yP-'«^t<'<» mtl&.ria.e.hy;ho
This short a.i.l neoeSsurrty condensed view of the causes and termination of tlic rc.ent
.nsurrectu>nn.,lpperCan.,da.has been intr.xlute.J by wur Committee for the purpose- Of
8h...«inir, by .j.controvert.ble' tacts, the estimation in whi4 his Excellency, the Lieule.wnt- "
^'overnor, is held by the people, anU the conHdence entertained in his administrati.n, of the
Uovernnie.it. . Notw,thsta,.d.ni; this, howcverj .t appears that his Excellency's policy has ,iot
hann.„n*ed with that of l„s otHcial su,>oriors. and.^, in the case of hw pre^deccssor, l^C
rts,^^,„.d h,» ., hcc. In reply,..!? to the an.,ounce,uent of this most u.iexVected event; y,.u,
no..oumble Uouse truly stated, " That this H.,u8e an.l the iK-ople of .his iWincc will rer^aril
y.ni. Excellency s re n..,u.shment of its itovemmen't as a calamity of the most serious .lat'ite
aiul which ,..ay result >.. d.fficultie. and d.ssc.sions that can,.ot^be easily r^pfl^red or recoi,-'-
, c.leil. We, howevc.-, arc fully persuaded that the blame cannot rest wrtf, your Excellcncv
■^^I,. \V-\ "'■ ':'"F''"''y.""<', »'"f ' « ''""'gly "cknowledge the ^eal, ability, justice, ami honour-
aye .hsn.terestedness, with which yoj, have conducted the pivernn.ent^of this Proviuce
durtyA your short but eventli.l and arduous administrati.... of its aftafrs, we beg rcspectfullv
and a%ct.on^tely toexp.css,on behalf of this Province, our earnest hope that yl,ur Excef-
ency s-^rosin-nly .n future lilb may be* comniuHsurate with the claims, deep and lastini: as
nrlL"''.'' Y'*"" ?'."?"""''•"• ■''" »l'Pf"'«"w" "f our srracous Queen, .Ad tlic applause and
ack,.owledc<,..ent ot the Br,t,sh ,ial,on." "
ll.s K>c.'Hj;ncy. it up|H.-«rs, .Iocs n.it feci .himself at liberty to disclose the eauses which
liave led to litji nsi-nation ol- tl„. p;overnn,ent, and thereforJ yoiTT (Aiumittee is pr.;clu4j;d • '
fr.,.,. mak,.,^ dmluict .■e...a.k up..,, th.-m ; but, ,f ,t be true,«..has been rumoured, t^.at thSe
d.Hertne..s ..( «p.M,on consist in an unwillmgncss or refusal on his part to employ the patron-
age/)! the Cn,w,.,>„, the x.U)n atten.j.t to conciliate the d,saHected, and4f,u» to outrim. the
leelinjjs ol the Unniipstionably trnthti.! subjects of our Sovereign, his concTuct vastly increases
his .aims upon the gratitude of the people of this Province, and ren.lers-it a solemn duty
on their iK,r, u^ far ^s they have the power, to vindicate an.l uphold lym in the .'ood
opinion of Her Majesty iind-oiir lellow-sul^jects of the United Kin-'dom
»..ur Co,nm,ttee feel that your Honym-able House *ould not aJvance the interests of our
country, or act 111 accoWancc with the opinions and wishes of the loyal ...habitants of tliij
J r<)vinc.- »vere yon to adopt a factious opposition, or manifest an unbecomi.w distrust in the
justice ot the couiic.hi by idiich the interest of ihe errcat nation to whicTi we Ix^lonc is
goveriied ; but it would not tie in. accortlanee with the d,ctates of truth or patriotism, were
your Honourable House to (orbear honestly a,Kl (irmly, but most humbly andresiMjctfullv to
dec a,e to our revcre.1 Sovereign, that Uer Majesty's devoted subjects here loot for some
better proof that tlieir allcRinnee is d«»ired, and tjiat their just claims for protection are
resiK'tted, than ,s evinced by,' at any t4iue, or under any circumstances, yieldiiiK to tue
enemies ot our peace, countenance or support.
Such a course ofpolicy, too Ioikj; pursued in the sister Province, has been productive of
Uie most J,anel.,l etieets, ,1. encoufasr.n- the mercenary demagogue to pursue his noisy and>-
dishones course o. sedit,oi> in the hope of being bribed to silence, and by disheartening the
loyal an.l the l.R..ouiab(e, who cannot help f.eling that they have been ungenerously tre^ed, .
#hen they see he ,K)wer ol a party increiused, whose ultimate aim tl^y have the best/
a^«iurllllce lor believing is llicir dc^structioH. , /
In advancing tlii^se opiiiions,^your Committee are far from desiring'to' be understood thai
they are oppos^J to a course of policy founded on conciliation, provided .t have for its object
the dispiii^ingof e.,ual justice to ail classes of Her Majesty^* subjects. Guided by such
motives, those intrusted with the administration oY public artairs having first detenniued to.
adhere witli unwavering resolution to the plain tcrn.s of the co,istitution. will take care never
to rto wrong tofthe^re pnrpose of :ii.peasin<r clamour, or in the hope that a paVty fac-
'• tioiuly
AFFAIFl.S-OI' I.O\Vi:i{ ( ANADA, kv.
im
W
UPPER
(;*NXDA.
tloOHly Jx-nV on ol)taliiini; iiiircii»"iiiil>U' iiii<i^niijiijtt (•(iiicc't^ifMn, mny 1)0 npprnM'il l>y f^rnntiiii);
that* to which iinthcr ri-iJ»oii nnf justice jju'i' tli'cm miy chiini. Voiir Oonuiiittci! J»t;hcvf thiit ^
the liisfiWy of every oouiitrv mill iiiftioii tthoHo i^overiiiiieiit him for miy leii(;tli of ^nio |»ri>- ^o. 30.
Meiled on mich n gyteni p'ro'voHthnJ'it hiiM in iIwVmiiI fijilcu into annrchy-niid ruin. 8if F. B. Ileid lo
Your Coiniuittae have nothiii'^ toadil to what they hiive nirciicly net djirth in thiii Report, Lord Glenelu,
lifv i>iir»iie«l in ihMe I'ro- 17 March 1838.
to prove the apphrntion of the o|iinions just ex^irenKiil to the policy |
fincM. ,
In Uiner Caniuiu a jteople niirtiireil in hu'tiihty to llritiilv InwH /have Ion); been indulKcit ^
in their unreasonable, jinu not unfrenuently unconstitiitioim-l dcmamU, to the great iiiiJ'
' ninnifcst injuHtice of u numerous and loyal clqss of their fellow-subjettn ; and, hi the vain
hone of conciliating them, ronccRnioni huv^ been made from time to time alike unwine ft)
" policy andjitijUHt in principle. AnH what has J)een the result ? (ienernl diaafl'ection,'*ingur-
rection, and rebellion, aijainst their benefactor. . ' .__ . - ' '" ^
On the other haniljjiiflk. io IJpfcr CTlmHa ; in two years from the time that the people
was toWttramTe constitution wa» to be t-he sole rule of L;overiiment, and that ujidoubted
loyalty and f;eperal merit Wa* to 1h' the only pasn^rt to the fuv^uir aiid^ patronage of 'the
Crown,' the wnolc country became united, and us one man the inhabitants jleclurfd rh^ir
determination to uphold their instiMl^msJ and prove their devotion to tMejr Si)verei<;ii.
Your Conunittce can only jtin witj) their fellow-siibjects'in the ex',)rc»»ibn of their eoaiesl
h<^ ihat^Jns noble feeling may never be damped or destroyed by want of wisdom or fiminoss
on the pntt of those who may be hencefortii ap|X)inted to rillo orer them. ^
Proceeding nuw4o the second jxjint c»f their inquiry, immely, "the evils that have resulted
from the fec^ rfn(>ellion," your C;omntittee*wiH limit their obseriations to as small a compass
as the painful natutp, of the subject will admit.
Of all thf calamitiesfwhich can visit roan, a civil war is assuredly the most to be deplored,
an(^ the horrors that usually attend it arc most n-pulsive to a humane mind ; aixl it may be
even said, with much appearance of truth, that little value can be attachml to human
eScisteuce in a country visited by such a calamity. That this greatest of miseries has fallen
upon these Provinces through tnp wickedness of "its own inhabitants, it would be criminal
as well as-vain to deny. , Living in the positive ond andeniable enjoyment of every blessing
that reasonable men could de.'*ire, they nave appeared in arms against the lawful authority
of theif Sovei'eign, and have endeavoured to attain their evil purpows by the destruction
of the lives andiproi)ortie8 of their peaceable and unoffending neighbours. The injury which
this unnatural state of things attacnes t^Jthn character or"thosc who were engaged in it^n a
moral point of view is most afflicting; it marks them as a jwople not only forgetfufof their
duty^to their Queen, but ungrateful to Providence for the innumerable blessings extended to
them bv Divine fayour, nor can these Provinces hope tp escape from the fatal conseqbences
of the offences of its [H-ople, but through His Ai|nighty protfction and mcrcifuj forgiveness.
In a more worldly [xiint of view, we see theti'de of prosprity upon which the country
was borne, and rapidly advancing to wealth and pewer, siiddAilv and fatally checked, and
made to flow back from us, Our fellow^ubjects in^the I'liitei^ Ringdom, who have hitlwrto
directed their attention to the Canadas as to atfountry in whic^i, retaining their allegiande
tq,and living unHer the protection of their natural Sovereign, tbjtjT might establish themselves
imd their families in security and peace, it i» to be feared will iio\v |pok to other count rUs,
as offering a more fit ?esidence for loyal British subject".
Our trade ijjid commerce, heretofore increasing and affording channels for the a» cumula-
tion of wealth and independence, will, without doubt, dcmcvse, and, 'for a time,at leasf. be
- I»ft to languish and decay; Our revenues, the source of oi(r means (especially in this Pro-
vince) for proceeding witlj those vast improvements which, in srfcw years more of uninter-
jupted prosperity, would have connected the "seajHjrts in every quarter of the globe with
Lake Superior, hy a canal rapable of floating vessels that navigate the Atlantic, WiH \>»
^.jeduccd and rendered altogether inu^equatt; to the great purposes for which they are
required ; and, in short, a country raarfeeiTby the hand of nature with the means of advancing
in wealth and power lieyond any^ other on earth, is in danger of being stoyed in its ^carreer
of greatness, until the stain that now rests upon its chmucter is efl'aced, an* a remedy is
found for the evils under which iUis snfl'ering^. In what manner this all-importan^ object
can be best accomplished, find fhe prosperity' of, these noble Provinces be once more
resteicd to its wonted channels, is the next great SSject of in(^iry to which your C»m-
mittee will direct their attention. . ' '
It is believed that it will be admitted by all dispassionate obseners, that the representa-
ti«-e form of government, as established in 'Lower ('anada, lias proved utterly unsuited to
the majority of its inhabitants,Nand that without siVme chuiige iir the existing constitutjonj
it will be iiupossible to conduct the government there with efficiency or satistaction to qjiy
party. ■ Thfy are further of ofrfnion, that the iHtcrests of Upper Canada imperatfvel^i'eqoire
that an efficient government stfeuld be established in Lo^ier Canada ; and that it is indis-
pensable to the prosecution ef, the trade aifd the genWrt ndvaiiccmtur of the piospeVity of
this ProvjfVtfe, that under' any circumstances it should have the iiidepen<lent control of one
of the seaports in the St. Lawrence, and that this control canr.ot be refused without the
denial of a manifest natural li^ht. ■/„, ' 1 - V
Of the numerous projects tnat have been from time to time suggested for the belter
government of these Colonies, your Committee will now jwoceed to noti'te the most promi-
nent, and such as seem deservii^of serious consideration; premising «that they pass over
■ any critical examination^ the Resoliftions a^lqpted by the British Parliament during its last
BMsion BB not likely to IwBBBinsOTiooslyoirtrrtaincd. Thev are dearly liable to two decided
objections: Ist. They contain a violent inffingcment of tfie existing constitution, foi^tTife
' ■ ^ c c » attainment"
'cn 1030. T
IjkI. 3, in No. 30.
■*•«;
I"
^w
190
CORRESPONDENCE RELATIVE TO THE
It-
UPPER
( ANADA.
No. 30.
Sir V. 1!. Head 10
Lcird (ilcneig,
17 March 1838.
-t
attaimuent of a present purpose only ; ami, ad. They are witliout the merit of containing any
final gettlemcnt of existini^ (liDiculties or protection from the evil consequences of future
dissrutioiis and disaejretuiients.
,1st. The first project deserving of notice is the repeal of the Constitutional Act, 31 Geo. 3
sD far as the same relates to Lower Canadii, and (with some slight variation as regards the
inipositiiAi of duties and ifitercotirse with Upper Canada) a return to the provisions to the
. — — Aft 11 Geo. 3, c. H3.
End. 3, in No. 30- The objections that the inhabitants .of Lower Canada, of French origin, might raise to this
change in their form of government, ought not to be considered of very great weight. In
the hrst place, it is well Lnown that they violently op|X)sed the intrcxluction of tlie repre-
sentative system at the time it was adopted", as being unsuited to their habits and opinions -
m the same manner, and probably for the same reasons, that they now oppose tlie intro-
duction of free and common soccage, instead of the feudal tenure ; and, secondly, liecause
they have abused tins invaluable privilege of Uritish subjects, and have employed the |)<)wpr
it gave them to bring about revolt, and the entire overthrow of the Government.
If, however, our fellow-subjects of J^ritish descent should seriously oppose themselves to
this change, the question would then be whether such moditicatioiis might not be iiitro-
du(((l into the measure as would gam their acquiescence. Your Committee venture to
suggest the following: Lc't the number of legislative councillors be , considerably increased
beyond the number authorized by the 14th Geo. 3; let these b^^taken in cciual numbers from
the inhabitants of British and Irish, and of French descent /and let the English language
be the only language used in legal and legislative proceedings.
In connexion with this measure, let the boundary line between Upper and Lower Canada
be so-altered as to give to the Upper Province all the territory lying on the soutli-west sida"
of the River Ottawa, and of the Chamblv Canal, including the Island of Montreal ; all of
which should be governed according to tfie constitution now existing. "
id. The next project deserving notice is one of a more important and complex character;
viz. a legislative union of all the North American colonies. Your Committee see much uiT
this measure to recommend it to favourale notice, as one of the most important advantages
that would immediately result from it is the establismcnt of British ascendancy, without
any change in the principles of the existing constitution.
There can l>e no reason now for feeling any delicacy or hesitation in speaking of visible
and admitted facts, however ungracious or im[X>litic it might be to do so under different
circumstauces. The Canadians of French descent in Lower Canada are not loyal. ;• The
inhabitants of all the other NoMM'American Colonies are loyal ; as are also those of British
descent in Lower Canada ; and tlf^iy are so, not merely from the abstract sentiment of loyalty
or from interest, ibut tecau^E^tli^ glory in being British subjects ; they feel that the safety
and scciirityj of the^ lives and liberties de|)end on their repelling the encroachments of
democracy, which tfley detest ; and- because they see and feel the superiority they have over
the iieighboming republic in being governed by British laws; and they are convinced that
the stability of their institutions can be best secured by maihtaining tlie connexion with the
mother country.
If, then, the whole of these Colonies were so far united as to be represented in one
Legislature, they would be enabled so to Increase and distribute their resources for the
bcnetit of all, that the iibundaiue and facilities of national wealth would lead to and advance
tlieir conimun interciitr^nd place them at once on a level with many powerful nations ; tlieir
attitude also would \>v such as to constitute a salutary check on that system of self-govern-
ment which, placed in the hands of an irresponsible multitude, who disclaim obedience to
any law that opiMises their will, is now threatening in this western hemisphere to overthrow
all those barriers that have hitherto been regarded as necessary to 'the security of life, |iro-
perty, and that freedom which can only be called ".glorious when restrained by law."
If this iiieasuiv sliduld be considered as the one to be preferred for a final settlement uf
the government of tliesi! extensive Colonies, the Imperial L'arliament (through whose iiittr-
positicm alone it can be etl'ected) should have its attention drawn to the necessity of con-
sidering u liether it would not be desirable to continue the provincial assemblies, with (xiwers
limited to the adoption of laws for their local and domestic government, separate from (pios-
tioiis (if trade and commerce, and such matters as must necessarily affect the interest of oil
the Coloniis. Your Committee can only say, that they entertain a decided feeling in favour
of rclainint; the local assemblies, and they urgently recommend the expression of a similar
opinion on the part of your lioiionnible Mouse. u
In connexion with this point of inquiry, your (^mmittec are strongly impressed with the
conviction that no act of our beloved Queen would give to her loyal and devoted subjects
iu this remote part of her dominions, more grateful evidence of Her Majesty's desire to per-
petuate the allegiance, than incorporating in Her Royal title the distinct claim of sovereignty
over these Her Majesty's extensive and valuable nosscssioiw. iiuch an act would, your
Couiniittee hrnilv Ijelieve, have a powerful moral eft'ect tliioughout this Continent, imd serv
more plainly iind distinctly to draw the line between those sound, substantial, and we trust
endurmg^ piim^iples of monarchy which may well boast their pre-eminence over the hollow
and ever-varying fancirs that spring from a democracy that is controlled by the un-English,
unmunly, immoral, and degrading system of vole by ballot, and the pernicious influence of
miiversul siitrruge. jr
Your Conimiltee will dismiss this part of the subject witli this one jUther rccommenda-
' {fist the fitte of th*r™nidn wRb may hciicefbrth be appotiiietl to flic f^dfonimcnt
lollies should be tliat, of " Viceroy," and that, combined with integrity and
tulent,,siich as will at once command confidence and respect, he should always l>e {Hisscssed
of
--tion ; Tiz
of these C^
AFFAIRS OF LOWER CANADA. &c.
• 191
UPPER
CANADA.
No. 30.
Sir F. IV Head to
Lord Glenelg,
17 March 1838.
of high rank and dmtinctiaii as a public nmn. Tlinre was a time when tlie Royal Dukes of
the kingdom did not consider tlie ai)pointn\ent of Ca|)tain-i;ent'ral of British North America
unworthy the^r acceptance ; it should bo made the object of their ambition now.
3d. Your Committee ne«| proceed to the ()uestion of a union of the Provinces of Upper
taxd Lower Caiiada. Were it riot that the inhabitants of Lower C^anada, of British origin,
regard this project with much favour, and appear to consider it as the best measure for
refieving them from the oppression under which they have long suH'ered from the conduct
of the dominant (action in their House of Assembly, your Committee would at once declare End. 3, in No. 30
their unqualified dissent, but we feel bound not to overlixjk or treat lightly anv suggestion
that oflers a reasonable hope of relieving our loyal fellow-subjects' from their political
embarrassments, which now, more than ever, claim our *yinpathy and consideration. Indeed
we feel that unless a change takes place in the constitution and system of government .,
in Lower Canada, it is next to impossible that either that Province or this can advance
one step in improvement, and that those who desire to continue to live iu^der the British
Crown will be driven to seek some other place of residence.
If, however, the union should be that measure which the Imperial Pariiameiit may ulti-
matelv determine upon, care Biust be taken that British ascendancy is securely established
in both branches of the Legislature ; upon no other terms can the measure be sanctioned
by this Province; and this should be most clearly and positively stated to Her Majesty.
In what manner this ascendency can be secured, your Committee abstain frbm ottering
aiiy positive opinion. A variety of modes, Rowcver, may be suggested, founded on a divi-
sion of territory, and thc/renure by which Utnds are held in the two Provinces, and by
restraniing freeholdere-iiy Lower Canada, holding lands by conveyance, from voting until
their titles are registyfed; as iii the Upjjer littjpnce. The introduction of the laws of Eng-
land and the use of the English language |{ftjlj| legislative and judicial proceedings should
also l)c insisted uiwn ; and, lastly, it shoulMl^stipulated, as a sine qua non, on the part of
th.is Province, that the plitce'selected for the seat of government should be within its limits.
Your Committee are sensible that there are many serious ditticulties in the way of carry iiio
the measures of the union into ett'ect, in a satisfactory manner, arising from dift'crence of
religion, laws, language, and general habits, in the two Provinces; but they believe these
may be overcome, and general satisfaction in tlie end attained, by rendering them truly
British Colonies, by the gradual influences of the changes necessary in the institutions of
Lower Canada, and the more general diffusion of education among the inhabitants.
Your Committee, in justice to their fellow-subjects in the Lower Province, who advocate
the union, annex their petition, addressed to your Honourable House, on the subject, togethei
with sonic other documents proceeding trom a body of individuals of great respectability
and intelligence, which they deem worthy of attentive consideration, and which will be
found to supply various arguments in favour of the measure.
4th. The next measure which your Committee consider it nccessary'to remark upon, is
the annexation of the Islands of Moptreal to Upper Canada, which," though lust in'^tlieu
enumeration, they regard, as far the'most to be desired for the interest of tins Province, and, ^
as they believe, for the benefit of the great body of the people in both Colonies.
With respect to the claim of right on the part of Upper Canada to a seaport, it may Iw
fairly asserted that no single argument or just reason can be urged against it. The division
of the Provinces of Upwr and Lower Canada in I71»l, which lelt this Province without an
independent outlet to the ocean, was unqueslionab.y a great (lolitical error, and has been
the cause of dithculties and dissentigiis between the two Colonies that have led to much
mischief and even estrangement, that would not othenvise have happened. 'Ilic motive tor
the division, as has been s,tated in a preceding part of this Report, wiis a generous regard foi
the feelings and prejudices of the inhabitants of Lower Canada, and it is probable, that as
provision had In-cn made tor the ultimate payment of the expenses of the Civil Goveriinieiil
of both Provinces, by the duties im|)o8ed by the Act 14 Geo. 3. c. Btl, that the question ol
revenue (always a delicate and iutricate one) did not appear likely to create the enibuir.iss-
mcnts that have since occurred.
The |)eriod, however, has arrive*! wh#n the condition of both Provinces impciaiivelv
requires that the error committed should be repsiired, and with the utmost possible iironipl-
ness. I'pper Canada has now attained a population of 45(l,0()() souls, and its iiureasc
witliin the lust lew years has, been such as dearly to show, that in a very short time it will
number as many infiubitants as there are now in the Lower Province ; and that, proceedim;
m a like ratio- of increase, it will soon outstrip the sister Colony as greatly in population a>
it already has in commerce and general improvement. It will not be considered as an
exaggeratetl statement to assert tlijfit four-fifths of the ex|K)rts at the port of Quebec arc
supplied by Upper Canada ; that of the 1,0(10 ships and vessels that annually enter froui
sea, 1»00 at least an- supplie<l with freight from this Province, and that our jjroducls consti-
tute the chief articles ot remittance made to the United Kingdom in payment of tlic t;oo(l>
imported ; and that of British raanufactiires, by far the greater portion brought to these
Colonips IS consumed and ]>uid lor by Upper Canada.
This statement of the comparative commerce of the two Provinces, founded 011 data wliicli
your pommittee believe to lie incontrovertible, in itself proves that it is contrarv to the plainest
rulei^f justice, that all the seaports through which this commerce Hows should i>e emi-
troll*d by another Colony ; but this is not the only evil of which this Province has to com-
plain, ihe l.«gislature of Ix>wer Canmla has froin ti jue t o timt! enacted laws and adopted
TegtrtatfonB applying to tliFcdnnnero^^ flier eouiitry, Wiricli have in effect greatly enmar-^
rassed the trade of this Province, such as imposing reMraints in the export of its tiinbei,
flour, potash, &.c ; and irt some instances by the levying of a direct tax, as in the case ui
637. c c 2 emigrants
¥W ■
192
UPPER
CANADA.
No. 30.
Sir F. B. Head to
Lord Glenelg,
17 March 1838.
End. 3, in No, 30.
CORRESPONDENCE RELATIVE TO THE
emigrants from the United Kingdom (since expired), and on lumber passing down the St.
Lawrence. The assumption of tliese powers lias been objected to, and, on dift'erent occa^
sions, protested against, by the Legislature of Upper Canada, as the unconstitutional exercise
ol power by one Colony to tax the productions of another, especiall/ as in the instances men-
J^oiied, where the articles were merely in transitu to and from the mother country - these
remoiistances however have not been heeded by the Imperial Government to whom thev
were adtlressed ; and the Legislature of Lower Canada having ceased to exercise the func-
tions for which it ^as created, redress from that quarter can no longer be expected.
But by far the most painful motive for respectfully, but earnestly, urging the immediate
concession of the claim of this Province to a seaport, independent ol all other control, remains
to be stated. y
Upper Canada, confiding in the permanency of the institoiions of both Provinces, and
never supposing it possible that the state of anarchy into whiiih Lower Canada has been
thrown by the revolt of the disaftected there, and which so seriously affects every branch of
commerce, and all the sources of wealth and prosperity in both Provinces, could have
occurred, did not hesitate to incur a heavy debt for the accomplishment of internal improve-
ments of vast magnitude, and corresponding value and advantage to the country generally
fully relyinj; on the continued increase of its revenue from imports at Quebec and Montreal'
as well as its own internal revenue, to discharge the interest upon the loans contracted. It
is now however sulHcieiitly certain, from the state of affairs in Lower Canada, that revenue
from that (luartcr must be greatly diminished ; and, in consequence. Upper Canada tinds
herself reduced to the inevitable necessity of resorting to direct taxation for the purpose of
maintaining its faith with the public, unless it can obtain, without delay, the concession of a
plain and undeniable right, namely, a seaport, at which, as in all other countries, the means
of raising a revenue presents itself free from the appearance of direct taxation, and where
such a discrimination in the selection of articles for the imposition of duties can be made as
to cause whatever burdens may be created to fall on parties best able to bear them.
Apart from the claim of right to a seaport, which Upper Canada confidently and earnestly
urpesf your Committee conceive that in granting it no portion of Her Majesty's subjects
will have the slightest reason to complain of injustice. It is not asked for purposes of
oppression, or to desp^l any;,party of any single right that in equity belongs to them ; on the
contrary, every reflecting and dispassionate man must be convinced that, T)y the annexation
of the Island of Montreal to Upper Canada, the ship navigation of the St. Lawrence would
bo immediately completed to that place ; that the improvement of the Ottawa, and other
great channels of commerce, would be forthwith undertaken and carried intoefTect; and that,
in short, one of the most eHectual and certain measures for restoring prosperity and content-
ment throughout the country would be the instant compliance with this claim.
Your Committee have no reason to doubt, indeed they have every reason to believe, that
at least a large majority of the British population, which the annexation of Montreal and
the country lyinir south-west of the Ottawa, and the Chambly Canal, to Upper Canada,
would bring within the influence of English laws and English institutions, would rejoice at
the change that would be effected by the measure; and it therefore remains with the Iiniw
rial Parliament to determine whether the entreaty of 4oO,Ot)0 loyal subjects in Upper Canada,
to have a plain and indisputable naturul right conceded to 'them, and the corresponding
wishes of jjcrhaps .'>(),000 of their fellow-subjects of like character in Lower Canada, should
be refused, or tor a monieiit neglected, upon the single ground (your Committee can imagine
no other) that the measure would be displeasing to a body of persons not exceeding 1-Ioth
iif the number of those who demand it, persons too who have grossly and ungratefully for-
feited all claim to indulgence, juiid who have jiroved themselves unworthy of'rttaining the
ascendancy that has too long bc«i intrusted to thentl
Vuur Committee liave not hesitated, in remarking upon this all-important subject, to
express themselves with firmness and decision^ not doubting but that our gracious Sovereign
and the Imixrial Parliament^will not ascribe the language they have employed to any fac-
tious or illiberal spirit, but ta the, single desire, with earnestness and sincerity, to point out
the justice of their claim, and'' to prove that they are asking that Avhich they know and feel to
be their due, and which, if withheld from them, must be attended with the most disastrous
ciin^equeiices to their future peace and prosperity, and greatly diminish the value of tliese
I'roviiH cs to the British Crown.
Having thus susrgested their views upon the leading questions which they believe require
cunsidemtioii in the adoption of measures for the restoration of these important Colonics to a
situation in which they may recover from the disastrous effects of recent rel)ellion, your Com-
mittee will advert to a very It-w points not necessarily connected with either of the reme-
dial measures reniarked upon, but which, in their opinion, are of importance in themselves as
tending to the streii<j;tlieiiing and continuing of their connexion with the parent state.
I St. Ill the first place it must now be manifest, tlmt whatever |K)licy may be adopted with
respect to Lower Canada, whether by lierself or in connexion with any other Colony, an
adiM|uate ciril list must be provided for the maintenance of the Civil Government, and the
eflicK nt administration of jui^tice. Your Committee indeed have little liesitation in saying,
that the relinquishment \j^ the Crown of the |»wer of paying its public servants, iiidepcu-
driiily of an annual voteTf the Assembly, is one, and probably the chief, cause to which the
recent relielliim in i.o»er Canada may be ascribed
•id. ■■"
TJiPiweJurnt
The gniiit'iig of larue sums of money, u pon the address pftKe Assembly, at the coiu-
in?m ofTweh sessiim of The Legi»lttttii%itrLttwer Canada, nod which were asficdfbf
.1... „ .!.... .1 __ : 1 .___..!. fi * ■
under thi> pretence that they were recpiired to pay the necessary cdntingcncies for carrying
on the liiisiiiess of tlio House, when 111 fact it was well known thtttlhey were (at least to a
large
■"^.A'
IRS OF LOWER CANADA, &c, 193
large extent) to be employed in paying salaries to Members of the British Parliament, who
did not hesitate to prostitute the high station they occupied to the promulgation of slander
and falsehood against the local authorities, to gratify the malignant spirit oftraitors, was not
UPPER
CANADA.
No.
only illegal and unconstitutional, but has, asls now too apparent, teen productive of the Sir F. U. Head to
most pernicious consequences in corrupting the moral feeling of the jjeople of that Province, Lord Cllenelg,
and in giving encouragement to that spirit of revolt which has at length exhibited itself in 17 March 1838.
open rebellion.
The people of Upper Canada are little interested in the opinions entertained of them by End. 3, in No. 30.
such men as Hume and Roebuck, Leader and Molesworth. They place them in the same
scale with Rolph and Mackenzie and Duncombe, in morals and in.politics ; and they con-
sider themselves justified in believing, that the one party is as much disposed to destroy the
monarchy, and, so far as these Colonic* are concerned, to cflect, by treason and rebellion,
the dismemberment of the empire, as the other (and, to show with what justice they make .
this assertion, as respects Mr. Hume and Mr. Roebuck, they refer to their public and avowed -
correspondence with the leading traitors of Upper and Lower Canada). But your Committee
conceive, that the representative of the Sovereign in any British Colony should never be per-
mitted to advance the revenues raised under the authority of its Ijuws for the maintenance
and support of its constitution and Government, for the purpose of being openly and avow-
edly employed, without the sanction of legislative enactment, by tl-.e democratic braivch of
the Assembly, m pensioning the Members of the Lnperiul Parliament to advocate and pro-
mote the schemes of a party who traitprously aim at revolution.
The representatives of the peoole in this Province have never ventured upon so fla'ntious
an outrage upon the feelings of their constituents ; but the practice, which for the last few
years lias prevailed in the Assembly of Lower Canada, to pay, from the money advanced by
the Crown to diteharge the contingent expenses of the session, a salary to Mr. Roebuck,
while a Member of the Imperial Parliament, for no other reason, and in the expectation of
no other service, than to advance the revolutionary objects of the faction that employed him,
has undoubtedly had the effect of creating false impressions in the minds of many persons in
the United Kingdom of the true state of feeling in both Provinces, and of retarding eiuitjra-
tion to them, to their serious disadvantage ; and there is little reason to doubt but thut^the^
constant and repeated advice and encouragement given by this pensioned revolutionist to his
employers in Lower Canada (and by his political associate, Mr. Joseph Hume, to the trai-
tors of Upper Canada) to persevere in their eHbrts to rid themselves of their connexion with
the parent state, greatly influenced those of weak and wavering minds to join in a rebellion
that has resulted in their individual ruin, the shedding of the blood of their fellow-beings,
and the distress and misery of the country generally. '
Neither cnii your Committee t)mit observing tliat, with the exception of the manly and
spirited speech of Mr. Spring Rite, when Secretary of State for the Colonies, delivered in
the House of Conmions in 1834, iif allusion to the infamous letter of Mr. Joseph Hume to ^
his appropriate correspondent, William Lyon Mackenzie, the fugitive traitor from Upper
Canada, in which he openly and traitorously urged the inhabitante of this Province to imitate
the example of the American Colonies in 1770, and throw off', what he had the audacity to
term " tlie baneful domination of the mother country," the ministers of the Crown appear
to luive taken very sligln,intere8t in repelling the open and insulting attacks made upon the
character of their loyal fellow-subjects 111 this remote portion of their Sovereign's dominions.
There was a time when the vigorous and constitutional exercise of the laws of the British
empire would have effectually silenced the voice of treason, whether heard in the House of
Commons or elsewhere ; it might be of signal benefit to the cause of humanity if their power
were sometimes let loose even in these days.
3(1. Your Committee now beg leave to draw the attention of your Honourable House to a
subject to which they attach very great importance, and which is suggested in some degree
by the observations contained in the preceding paragraph ; viz. the representation of^the
North American Colonies in the House of Commons by members chosen by themselves.
The concession of this important point on the part of tlie parent state would, your Committee
are convinced, be attended with numerous and incalculable advantages. In the first place,
it would strengthen the link that now binds the loyal inhabitants of^these Provinces to the
mother country, by giving to them a share in the deliberations of the councils of the kingdom,
by rendering more distinct and obvious the common interest that unites them, and by show-
ing that they are in reality a part of that ^reat empire in which yet centres the hopes of man-
kind for the preservation and protection ol the civil and religious liberties of the world ; their
patriotic and praiseworthy pride would be encouraged, and their station would be exalted in
their own estimation, as well as in that of tlie British nation. In the next jilace, it would
place within the reach of the Imperial Governrtient and Parliament the best and most satis- *
factory means of obtaining information upon subjects connected with the trade and "cncral
interests of these vast, valuable, and powerful Colonies. "
And among many other advantages that might be feimmerated, it would supersede all pre-
tence lor continuing 'the baneful and unconstitutional practice of employing agents by what
ever faction might be uppermost in the representative branch of the Assembly of the respec-
tive Colonies, and afford opportunities for re|)elling the false and unauthorized statements of
such Members of the House of l^jjpjpnsas miglit venture upon dccloiming upon the cha-
racter and feelings of a people W(wlil*or their political sentiments, and whose notions of i
government are utterly at variau« 4^|mli those e nte rtaine d b y u nauthorized and ignoronL •■<' <»
intermcddlcrs in their afrairg. ■ ' - -»
Should this suggestion be adopted by your Honourable House, and at your desire by the
IniiH'riul Parliament, as your Committee earnestly hope it may, tliey otter it us their (ipmion,
"••»'• <- I 3 thill
194
UPPER
CANADA.
No. 30.
Sir r. B. Head to
Lord Glenelg,
17 March 1838.
End. 3, in NV. 30.
4
CORRESPONDENCE RElXtivB TO TFIE ' .
fe— TT
that the repreaenUtion of the Colonies nhould be hmUed to two from each of tlie Proviii.-os
?,Pf "<"!!, l'«*''';,<-'»''a''''. j^O'^a Sco'w. and New Brunswick, and one from each of tl.r
UlaiKlsot New(oumlI«n<LandW Breton; that they should be elected in joint Assemblv
by tlie Legislative Councjils and Houses of Assembly of each Colony fTthe coininenoemuiif nf
every new Assemb y, and continue members for six months after thp dissolution of tl.,'
Assembly ol the Colony (or which they were elected.
all. riic next su^-gestion lo whichyour Committee l)eg to draw tlir- attention of von r
Honourable House, is the necessity (now too painfully obvious) of keepirtc up n rcsoecriil.l..
military force within both Provinces. *' ^ ) » re»l)e<-t«bl,.
It mustJje Rufliciently apparent, your Committee believe, that this desire formilitnrv imv
tection does not p«)cced from any apprehension of internal revolt, in Upper CnnsHia at least
Kecent events have proved how small the number is that aim at rebellion, and how reaciv
and how well able the great body of the iiihabitanU of this Province are to suppress anv
attempt at insurfcction ; but the civilized nations of Europe will learn With astonishment
that It ceases to be a question whether the " great Republic " .of the United States of \mo
rica, boasting o< the sui)enonty of its institutions over those of every other country has the
jX)wer of controlling its citizens within limits essential to the maintenance of peace and tlir
honourable performance o( treaties solemnly entered into by it with foreign powers '
I he occupation and conquest of Texas in the south, and the assembling of an iinned foirc
on Its western frontier, openly recniited in its jjrincipal cities and towns, commanded bv its
citi7.<iis. and by them also supplied with arms, ammunition, clothing, money, and provisions *
and transported, in the presence of, and unrestrained (if not encouraged) by its iimci«tral,s'
and public officers, in steant-boaU and other vessels, into this Province, and landed in it for
the avowal purpose of overthrowmg the Government, and wresting the Cqlony from thu
Crown of Great Britain, sufficiently orove, that if the countries bordering on the United
btates desire to }.rotect themselves fnmi the inroads of freebooters, pirates, and fut-itive trai
tors and outlaws, they must l.i6k fbr seonritv to their own fleets and armies, and'iiot to the
honourable tol^bearance of the American people, or the efficiency or moral influence of then
tjovernment.
Ill making these staU-inents, your Committee do not forget that, before preferring ehumes
«o serious in their nature against a foreign power, they should have ample proof of their ^.11,
It would ill become your Honourable House U. sanction any statement made by your Commit-
tee that could admit of contradiction on a question that irtight mislead the British nation 111 •!
matter so delicate und important ; but your Honourable House can fearlessly point to facts
too Plain and notorious to a<hnit of the slightest contradiction, and which can be atte'^ted t„
by thousiuidsof Mitucssos, if such proof were requiretl, in justification of the statement thev
have made ; and these proofs no doubt will, if necessary, W collectwl by the proper auth.^
nties, and will be taken into the calm consideration «f that naUon that makes no boast of its
lulhercn.e to national faith, or of its power to punish those who violate it. She will d„ her
diitv, and rcQuire others to do theirs, in every matter ,that concerns her interest or her hunour
In the rafaiitinie your CommitU-e reiterate, that because the loyal people of these Province-
have no taitli either in the ability or inclination of the Government of the United Stales to
coinp,.! Its citizens to yield obedience to the laws of nature and of nations, and for no olhei
reas<)ii, they are driven to claim the ppteetion of a military foree from our gracious Queen
6tli. Y our ( omniittee feel that the duty that has l>een assigned to them by your Hoaounihle
House would !«. imperfectly perfomie<l if they omitted notice of the inefhcency imputed by
K large class «.f the most intelligent of our fellow-subjects to that deimrtment of Her Malcstv'-
G,j>enimeiit 111 I-.nLdand to which the administration of the affairs of the Colonies are entrusted
In tlu observations your Couiinittee may offer on this hca.l of their inquiry, thev caniim
too distnully disclaim any design to place on reiord a word or sentiment that is not dictated
by til., single feeling of patriotism, and in that light they have no doubt your Honourable
M(.iis.. will receive their opinions, and, if adopteil, transmit them to our Soverei-rn
It appears to yourCommittee that one of the chief causes of dissatisfaction with the adnii-
iiislratioii ol colonial atlaii-s arises from the frequent changes in the office of Secrelarv ot
State to tthom the Colonial Department is entrusted. Since the time the late Lord Balhnrst
retirwl rom that charge in 11127, your Committee believe there have not been less than ei"ht
colonial ministers, and that tlie policy of each successive statesman has been more or less
niaikedhy a difiereiice troin that of his predecessor. This frequency of ehan.'e 111 itsell
alniosi inevitably entails two evils ; first, an imperfwt knowledge ol thr aflairs (7f the Colo-
iiies <ni the part ol the Chief Secretary, ami the consequent necessity of submittin.' the
dir. .tiuii ,d importiiiit details to the subordinate officers of the department ; ami, second, the
want ol stability and hrmness in the L'eneral poli.v of the C.ovemment, and whir h ofconme
nratcs nnich iineasimss on the part of the governors, and other office™ of the Colonies, as
lo wlial measures may be approved.
lint iMKlonbtedly by far the greatest objection to the system is, the impossibility it occa-
sions ol any colonial minister, unaided by persons iiossessing local knowledge, becoming
acquainted with the wants, wishes, feelings, and prejudices of the inhabitants of the Colo-
nies during Ins Idupoiary contiiiuanee in office, and of deciding sBtisfactorily umn the con-
lictinu^ stateinciits aiul claims that are brought iM-fore him. A firm, unflinching resolution
. I., adhere to the principles of the constitution, and to maintain the ju.st and necessary power
of the Crown, would do much towards supplying-the want of local information : but it would
he pel (ormiiur more than can be reasonably expected from human sagacity, if any man, or
-wt^ rnen, imoMtffnrwnys Hcride fn nn unexceptionable manner on siiljiects that linve theii
oncin thousands ,,f miles from the seat of the Imperial Government where they reside, and
«l which they have no personal kiiowh^dgc whatever, and therefore wrong may'be often done
\ . " " to
AFFAIRS OF LOWER CijlNAI^, &c.
195
is desire fdt military pro-
UPPER \
CANADA. \
No. 30.
Sir F. B. Head to
17 March 1838.
End. 3, inNu. 30.
lenseii the furc
there is a
.-.*
to individuals, or a false view taken of gome iiiiportaiU(poIilical question, tliat in the end may
throw a whole community into difficulty and dissenti^ri, not from the absence of the most
anxious desire to do right, but from ail Imperfect knolwledge of facts upon which to form an
opiiiioii.
To these objections it may be answered, that althoiigh tlie Chief Secretory of State retires Lord Glenel^,
with a change of ministers, the undersecretaries (or at-all events one of them), and the
other subordinate officers of the department, remain land hold their offices permanently, and
therefore inlorrtiatioii on all subjects can be readily j!mpart6il to the sujierior by the gentle-
men who are thus reUined; and it may be admitted that the knowledge of this fact ought to
i)f tlie objections that rest on other i^rounds ; but it cannot be disguised that
f rowing impatience and unwillingness 01^ the part of colonists, especiaUy in these
rovincts, to have tlie measures of Government, whether connected with their
general system of govepunent, legislation, or patronage,, controlled by persons^ who are
utter strangers to them, not responsible in any wi<y to themselves or to the British I'arlia-
ment, and who perhaps, being advanced to thtjir (>ffice from length of service, or otlii-r like
cause, are not regarded as competylit (perhaps unjustly) to manage and direct measures
which lliey (the colonies) fleem of vital importance. Much of this feeling may be traced to
pnde; but it is a pride that springs from an hdnourable and laudable feeling, and always
accompames self-respect, true patriotism, and lovfc of country, and it therefore ought not to
be disregarded, nor should any attempt be made to lessen or control it, if it were jKissible to
do so. But the imperfection that exisU in the system of colonial government that prevails in
England is rendered more apparent by the want of that confidence that ought to be reposed in
the distinguished officers wlio from time to time are 'comnjissioned as governors to difl'erent
colonies than by any other fact tliat can be distinctly pointed out.
If the statements publicly made, and uncontradicted, be true, tlicre are few colonies from
which governors, distinguished for eminent abilities and high character, have not been Within
a very short time withdrawn, or who have not been compelled to resign their office in con-
sequence of some disagreement with the Colonial Secretary ; but as your Committee are I'iot
possessed of any official information uimn which they, Can venture to remark oti the causes of
these disagreements in other colonies, they will coi»fiiie themselves to a mere refupence to
the recall of Sir John Colbonie, and Sir Francis Head in this Province, and they lament
that there is too much reason to adopt the sentimeuts expressed by the other branch of the
Legislature, that tlie connexion of each of these distinguished officers " with the government
of this Colony has seemed incapable of being pi)t)tracted, with satisfaction to themselves,
beyond the period when it became evident that no submission would be made by them to a
suirit of factious discontent, which nothing can gppease but the destruction of British rule."
But your Committee forl)ear adding anything to the opinion they have already expressed in
a prcviouA/part oC this Report, of the policy and jusUce of these removals, further than to
declare, that the measures lately taken with respect to this province, and which have resulted
in the resignation of the government by Sir Francis Head, have more than ever established
the conviction that, to insure confidence in tJie wisdom and j ustice of Her Majesty's Government
some cliange must be effected in the administration of the affairs of the Colonial Departnuuit.
Y^r Committee conceive tliat this 411-important object would be best attained by, firjt, ,
jinttng representation M» the more important Colonies in tlie British HoBse of Commons,
:Ms been already suggested. Second, by placing the administration of the Colonial De- '
Sirjfment in the hands of a Board, to be composed of a president (who, being a Cabinet
l;«iister, may be removable on a change of administration of the Government), assisted by
gentlemen of known [irobity and talent, selected, if not altogether, ut least in part from the
Colonies, and .who should retain their offices notwith(itsi|iding a change of ministry. And
third, having si'lected gentlemen of undoubted ability »tmd integrity to fill the office of
governor, to extend to them a liberal and generous share of confidence ; to rely upon their
honour, and follow their ^suggestions, and not deprive^them of office so soon as they are
found to differ with, or are unreasonably complainei^ against by the faction that |iappens to
be 111 the ascendant in the Assembly, or out ol it. l|aa this confidence been accorded from
the time of Lord Dalhousic's administration {otlie present day, your Committee have no
hesitation in declaring it to be their firm belief, that the hideous rebellion that has broken out
in Lower Canada would never have occurred.
Your Committee here close" their observations on the pait political history of these
Colonies : " The causes which have led to thcTecent unnatural revolt, the evils that have
resulted from it, and the measures necessary to guard and protect us from the recurrence of
I luce calamity."
Tliev have endeavoured to perform this iuijxirtant duty to the satisfaction of your Honour-
»ble House, and the benefit of their country ; they have not hesitated to state their opinions
fearlessly and emphatically upon every question that appeared to them to demand in\esti-
gation, and to employ language and arguments which, free from all ambiguity, would best
attest the sincerity o( their desire to place the trutli before our gracious Sovereign and the
British nation, and thus insure a just and considerate attention to our rcpreseutations.
Your Committee are well persuaded that the government of the British North American
Colonies involves far less difficulty than many British sUtesmen (some of them of great
cininence) appear to apprgjiend. Recent events have proved how ardently the UOO.ooo
inhabitants ol Upper and Lower Canada, of British descent, desire to continue subject to
the Bntisli Crowji i neither should it b e denied that thejre m ay be man y of Freuck origin wlio_
aremicere m tlieir wish lo perpetuate the connexiou. TIlis fact being established, it must,
your Committee conceive, be admitted as undeniable, that nothing more is required to con-
duct the Government with harmony and efficiency than the adhering to established law, and
c c 4 administering
fPFEa
CANADA.
No. JO.
Mr K. B. Head lo
Lord Glentlg,
17 •'^Urch 1838.
Kiirl. 3, in No. 30.
196 CORRi;SPONDENX'E RELATIVE TO THE
administering justice in the spirit of benevolence aiid kindnens, but witlj uuwaverini; firnuip^s;
and rcsoluttoh. - °
There was a time, your Committee trust it is now passed, when opinion.s vleAi cntertninod
by men of influence and high station in England, that separation from the parent state aiul
connexion with the neighbounnc republic, was desired by the people of the Caiiadu.s ■' a,„|
there is reason to apprehend that this opinion 'has had a most injurious influence anionn^
those entrusted with the aflairs ofthese Colonies.
f^-t
with reference to these Provinces : " The ties by which the people are bouii5 to theit
sovereign are not of the same strong and enduring character as the corresponding obligations
between the king and the people in the old European states. It is impossible to suppose the
Canadians dread your power; it is not easy to believe that the abstract duty of loy-iijy as
distinguished from the sentiment of loyalty, can be very strongly felt. The right of rpicct'inir
European dominion has been so often asserted in North and South America, that revolt can
scarcely be esteemed in those continents as criminal or disgraceful. Neither does it seem
tome that the sense of national pride and importance is in your favour. It cannot be
regarded as an enviable distinction to remain the onlv dependent portion of the -Vew
\Vorld.'' ■ " , '
Your Committee readily imagine that at the time Mr. Stephen hazarded the opinions con-
tained in tlie extract from his evidence, he did not sufficiently advert to the vicious construc-
tion that might be placed upon them ; and they have no doubt but that he will experieme
unmixed pain and regret, when he learns that the opinions thus incautiously advanced by
him were quoted by the leading traitor in this Province, and placed at the head of the la*t
paper he published before he openly engaged in rebellion, as a te#t from which he argued
not only that " revolt in these Provinces could not be regarded as criminal or disgraceful,"
remain the only dependent portion of the New World."
Your Committee pretend not to say that any individual was influenced by the use made of
Mr. Stephen's opinions, they hope otherwise ; but they well know that their proniulcation
has excited a deep feeling of regret in the minds of a very numerous and respectable class of
the learned gentleman's fellow-subjects in these Provinces, and has led many to consider
whether oast nial-ad ministration of our affairs mav not fairly be attributable to the influence
necessarily exercised by a person holding his highly responsible and confidential situation iii
Powning-street ; and if so, whether that influence can be continued without danger to our
"future prosperity.
; When Mr. Stephen expressed the opinion, that it could not be regarded as an enviable
distinction for these Provinces to remain the only dependent portion of the New World, he
was essentially misinformed of the true feelings of the people of Upper Canada generally and
of those of British origin in the other Provinces. They have ever considered it as an enviable
distinction to be dependent on the mighty and enlightened empire to which thcv belon"-.
They consider that de]>endence as their best security against infidelity, lawless outrage, and
corrupt TOvcrnment. They sec in it the broad distinction that marks a people who submit
to the salutary control of the wisest laws ever enacted by human authority for the benelit of
man, and of a nation that day by day exhibits proofs of its rapid approach to a slate of
aiiaichv, arising from the weakness of its govemn;ent, and the tumult of jwlitical distraction
III which Its peojile are continually kept, by those baneful influences to which vour Committee
has already adverted ; viz. annual elections, universal suff'rage, and vote by ballot, and the
power that these vicious elements of discord place in the hands of the least enlightened to
control the more intellisent and respectable.
Your Committee might advert to the friglitful degradation exhibited by the people of the
southern states arising from the existence of slavery, and the utter disregard of the authority
of laws ccmtiniially displayed by the inhabitants of the west, in the homicides and murders
committed, under circumstances the most revolting, and for the punishment of which their
so-called courts of justice appear to lie powerless.
Neither can the careful observer of nassing events fail to see that the time is approaching
when the more sedate and wealthy inhabitants of the states lying north and east of the
jMleghany Mountains would rejoice to find themselves once more under the protection of
a monarchy such as England, as their onlv certain security from \he devastation of a
revolution which, whether accomplished by force or otherwise, they plainly see must at no
very distant jieriod overtake them.
If aflvthinu; were wanting to bring conviction to the mind of any man of the truth ofthese
opinions. It IS presented in the recent conduct of the people of the republic, and of the
chiet oflScers of their state and general government, with resjiect to these Provinces, and upon
which your Committee have already remarked. That conduct, ungenerous and perfidious as
It IS, has established in the minds of the loyal subjects of oui- gracious Queen, not only a
repugnance to, but an intense hatred of the institiitions of a country that cither cannot or
will not restrain ite citizens from the most barbarous and atrocious violations of the laws of
God and man.
Thwe is bBi on? other point To wMclT yonr Coinrolttee Tleel it n«esfafy 18 rtiftts uny
allusion, and it is a deeply interesting one : they mean the opinion that has been frequently
and confidently (idvanced m tins country and in England, that the continuance of the con-
nexion
AFFAIRS DF LOWER CANADA, kc.
19;
unwavering firmness
UPPER
CANADA.
Mxion Viow existin); between the North American Province^ «nd the Parent State is not
deaired by the latter. It is unnecegnary fur your Committee to say. that the loyal subjects —
of Her Majesty utterly discredit this assertion, and l)elieve it to be altogether unfounded Np. 30.
•nd untrue. When it is remembered, tliat although Canada, at the time it was surrendered Sir F. U. Head to
to the Crown of Great Britain (now not t^uite ^0 years, ago), was, in a commercial point of Lord Olenelg,
view, of httle value, that its trade was chiefly confined to an unimportant traffic in furs, and J7 ^'•■<'h 1838.
that the number of vessels that visited its pdrts from Europe did not probably exceed half ~ —
a dozen in the course of the year, it was nevertheless considered the most important con- ^°''" ^' '° ^°' 3°"
quest of the British anns during the then ei'isiin^ war. It cannot be believed, that after
having nourished and maintained it until it has attained to the ifhportance of an empire, its
population increiwed from less tlian 70,0()0 to more than 1,000,000 of eouls, consuming the
labiics arid mnnufactures of the United Kingdom tu the amount of millions, paying for them
by the product of its fields and forests, ahd employing more than 1,000 British ships and
vessels in its commerce ; that at the very moment when the vast expenditure and generous
protection that has brought it to this state of maturity is about to be repaid by the increased
value of its trade and exhaustless fisheries, and the resource it ensures in the event of a
foreign war, futthcr supply of timber, and other indispensable materials required by the navy
of the empire, and for otner national objects ; that it could enter into the imagination of any
statesman having the slightest pretensions to the character of a patriot, or who wished to
uphold the honour of the Crown, or advance the wealth and power of the kingdom, to suffer
such a measure to receive his sanction as the voluntary relinquishment of the sovereignty of
Canada, or any portion of British North America ; and in the confidence that such must be
the sentiments of the British nation, your Committee have little doubt But that the Imperial
Parliament will not fail, whenever the subject shall be brought under its notice, distinctly
and emphatically to respond to the feeling that universally prevails among IJer Majesty's
loyal subjects on this continent, that the connexion should continue inviolate and perpetuul.
Great Britain never has been, and never will be, thecountry that will witSUraw its support
from any portion,of its dominions, or from any people that can justly claihi her protection •
and when it 48 brought to mind that one portion of the vast increase in the population of
these Provinces is by immigration of our tellow-subjects from the United Knifdora, who
have been encouraged to seek an asylum here and invest their capital in its commerce, under
the full assurance, that .as British subjects they would be maintained in their rights and
privileges as such; and that another portion is composed of those loyal inen and their
dasoendants who, in the contest that ended iii the separation of the now United States from
the British Crown, adhered to their allegiance, and shed their blood, and forfeited their ''
estates, rather than unite themselves with traitors. There can be no reason — no ! not the
slightest — for believing that we shall be ungenerously discarded, as has been desired, and
therefore asserted, by the euemiea of our peace and the honour of England. And there is
the less reason for apprehending this when proof so undeniable can be pointed to, as that
which has recently been given, tliat like their fathers in the Amcriciiir revolution, the inha-
bitants of Canada of British origin are ready, at the sacrifice of every earthly posiiession u ■
maintain " The unity of the Empire." \
i\ 11 which is respectfully submitted.
Committee-room, House of Assembly,"! (signed) Henry Sherwood,
8 February 1838. ,J Chairman.
APPENDIX.
Dear Sir, Montreal, 26 January 1 83B. ^
As Mr. Badgloy had nut time to answer your letter of the 15th instant before his depar-
ture for London, 1 have now the honour of transmitting to you certain tables in ilhistnition
of the printed pamphlet.
From Table (A.) you will see, that according to the present subdivision of the Province
into counties, constituencies decidedly English return IS representatives ; and from Table ( BJ
you may discover, that according to the proposed subdivision of the printed pamphlet, sucn
constituencies would immediately return 35 representatives. You will also perceive' that
constituencies decidedly French, or nationally doubtful, must return 75 representatives in
the former case, and Ul in the latter. The nationally doubtful constituencies, which of
course are daily becoming more and more Anglified, are those of the westward of Montreal,
the upper and lower town of Quebec, the county of Beauhamois, and the town of William'
Henry; and it may not be amiss to mention, that there is at this moment an English repre-
sentative for each division of Quebec. You will further observe, that the gradual increase
of representation, as contemi^lated by the printed pamphlet, would be almost exclusively
English. "* ^
I am in candour bound to admit, that the representatives of decidedly English constituen-
cies havje not always been loyal men ; but 1 can confidently add, that in this respect a change
has taken place for the- better. To say nothing of the wall of partition which the recm
rebellion has erected between tlii two races, the counties of Stanstead and Drummond,
which at the last general election were thoroughly radical, have since then returned one
eonaerVatiVe member eacTi. ' ''
357. n D With
198
UPPER
CANADA.
No. 30.
Sir F. B^^edd lo
lA>Tt\ (ilcnelg,
17 Marth 11(38.
Kiicl. in No. 30.
CORRESPONDENCE RELATIVE TO THE
AVith'regard to the repreMntation ofjtipper Canada in any united assembly, the C!onstitn-
tionnl As^iation of Montreal entertains no sectional jealousy. On this head I may confi-
dently appeal to the printed pamphlet ; and 1 may add, that the proposition of the printed
pamphlet has been embodied in tne inHtruct,ions of our agents, Mr. Moffatt and Mr. Badglcy.
All that we ask is, that you may co-operate, with us in the good cause, and demand for your-
selves whaterer may seem requisite to the common secunty of yourVProvince and of the
Empire.
The Tabic (D.) shows the number of members that will be returned according to the
proposed new division of counties in tlie appendix of the printed pamphlet, being :
The counties of Hull and Shefford, of this division, having a popu-
lation, according to estimation in March 1836, of 3,100 and 3,217,
will probi^bly have 4,000 each at the next election, and be enti-
tled to another member - - ....
British.
26
French.
01
«7
01
According to the principle there laid down, each Province would hare an equal repre-
sentation, and the national origin of the constituencies would be as follows :
Up^r Cauda
Lower Canada
BritislKmajority, 60 members.
British.
80
26
French.
01
111
01
^A change is ezpecbgd ete long, in the reti^n of members from the following places, viz.
Members.
- ■; - a
. ■' . • t
... . s
- ^ - I
The l^est ward of the cit^^of Montreal
Upp^ Town of the city Ir Que^c
LowcATown - - ' - ditto \ -'
The coi^nty of Beauliamois
The towti of William Henry
... %
V
But it is uncertain how soon ; and it liiust be contingent on oilr obtaining registry-offices,
and laws for the commutation of the feudal tenure. When, however', these members arc
returned by British majorities, there will be nine to add to the number of British, and to
deduct from the French members, with the following result:
Upper Canada - - ' -
Lower Canada - . - -
Ditto - - expected from Hull
Ditto - - expected from Shefford
^
British.
80
34
1
1
122
French.
S2
62
Eventual supposed British majority
Thomas M'Kay, Esq. m.p.
Toronto.
----- 70 members.
I am. Sic.
(signed) P. M'Gill,
Chairman Montreal Constitutional Association.
No.
1
Count
a
—
3
> —
4
—
5
6
z
7
■^
8
, ,
9
Cityo
■■^
10
Count
la
13
>4
>5
iG
>7
18
>9
«o
31
28
•3
«4
S5
86
«7
28
«9
30
31
32
33
34
35
36
39
40
40
367.
AFFAIRS OF LOWER CANADA, &c.
199
ibly, the Conititu-
hcM I may confi-
on of the printed
and Mr. Badgley,
demand fur your-
svince and of the
\ ^ Appendix (A.)
\
STATEMENT >ho#ing the Number of British and French Mcmbcn of tho House of Assembly
of Lower Canada, returnable according to tho Division of the Counties under the Provincial
Statute of 1899, the yth Geo. 4, c. 73.
UPPER
CANAUA.
No. 30.
Sir F. n. Head tn
Lord GlenclK,
17 March 1838,
End. 3, in No. 30.
1
01
e an equal repre-
sh.
French.
1
>
01
01
ig registry-officen,
lese members are
)f British, and to
No.
10
11
13
13
14
15
iG
»7
18
>9
to
31
33
•3
«4
«5
»6
97
38
«9
30
3«
3*
33
34
35
36
37
38
39
40
40
J-
County of Acidie -
— Beauharnois
• — Berthior
— Chambly
— Lachanay
— Laprairie
•r-™ L'Auomption, besides vacant
\ tracts in rear, 4,800
— Missisquoi
— Montreal
City of Montreal, West Ward
— — East Ward
County of Ottawa -
— ■ Richelieu
Town of William Henry -
County of Kouvillc
— • St. Hyacinth -
— Sheffbrd -
— Stanstead
— Terrebonne
— Two Mountains
— Veaudreuil - s
— Vercheres
— Champlaio
— Drummond (census
—I Nicolet -
— St. Maurice
Town of Three Riven
County of Sherbrooke
— Yamaske
— Beauce •
— Bcllechatse
— Dorchester
_ Islet
— Kamouraska -
— Eotbiniere
— Megantic
— Montmorencie (census of 1 836)
— Orleans -
— Portneuf
— Quebec •
City of Quebec, Upper Town
— — Lower Town
County of Rimoulki
— Saguenay
— Bonaventure -
— Gaspi -
836)
SqURre Miles.
350
7>7
8,410
*- 311
399
338
SO8
360
197
3I.O69
373
Cciiiui
of 1831.
•'.419
lG,857
30,325
15.483
9.4'' 1
18.497
19,767
8,801
43.773
4.786
16,149
439
477
749
639
3,169
1,086
.130
198
783
1.674
487
9,810
9,786
S83
1-987
1.775
348
3.044
4.330
735
1.465
7.396
69
8,640
14,«40
8,840
73,700
9.390
4,108
3.S81
Couiitiet.
18,115
15.366
5.087
10,306
16,693
*o,905'
13.111
ia.319
6,991
4,840
13,504
16,909
7,104
9.4'.)6
11,900
13 .5^9
11,946
13.518
14.557
9.19>
9,983
4,137
4.349
13,350
36,173
10,061
8,385
8.309
5.003
Members
returnable by
Diitibh anil French
CuustitueiK-lcs.
Uriliih.
Freiicb.
3
3
3
3
3
3
3
a
1
3
3
1
3
3
3
3
3
a
3
3
a
3
3
3
75
3i7.
n D 2
2(10
( :ORIlESPO?mENCE BFJ.\TIVE TO THE
i; \
Appendix (B.)
RF.TURN of Menibi'rt lo the House of Aswmbly, according to the Ntw Diviiion of Countiei in the Province of
lower Caniidii, ciintiiinrd in (he Appendix to " A livprcseiitJition on the Legislative Union of tlii; Provinces of
I'pnrr and I.nnrr Canada, by the CoHStitutional -Association of the City of Monlreal, published' on the
23d March if;)/." . •
No.
:i
4
a
(i
7
8
!»
10
1 1
13
13
M
"5
\(j
17
18
'9
21
S4
Sti
27
a8
■.i'2
Xi
M
35
3l'
37
:)0
40
41
4>
4.1
A*
I
POPULATION.
- I
The Counties p(
Uttuwa, iMJsides waste landi
Hull • ditto - ditto -
ClurcndonJ ditto - dittA -
Chatham ] - - -
Tfrrtbonri^ - - .
I/Asnoniption' -
ntrlhier • - ,
Kilkoniiy, besides wokte land
Chuinbly - . .
Ijtprnirie - - .
Hcuuliarnois
Vcuudreuili ...
Itichelit'U ...
Itouville -
Miitsisquoi ...
Sheffiird - . - -
ilroiiie ....
Stanstead
Montreal ...
City of Montreal, West Ward
— — Kast Ward
Town of William Henry
County of St. Maurice -
'I own of Three Rivers -
I he Counties of
Champlain ...
Yamaeke
Lotbinit're ...
Drummond ...
niandford
Siicrlirouke 1. - .
Kiificid ....
Middlesex
Worcester . . -
Town of ,sherbrooke
I he Counties of
Megantic . . . -
Devon - - - . \ -
Dorchester ....
Beauce - . . .• .
Wooburn ....
Bellechase ....
I.Tslet
Kamouraska ....
Rampuski .....
. Portneuf ....
Quebec -...*.
City, of Quebec, Upper Town
— • — Lower Town, 7,3!>G
t'ounly of Montmorenci, including]
the l.-land of Orleans, 69 . -/
The Ciiunlics of
Sapucnay ....
Ronavcnture ....
(iaspc .....
Stjiittrr Milrft. I
(i'JO
6^4
728
5<i3
8,348
518
4oy
4»?
717
330
473
683
4^1
60a
430
458
197
9,810
783
459
453
8*7
■767
588
808
1,041
R38
72,700
4,108
3,281
of IdlV
693
803
3.599
aB.tiyi)
19.275
'5.935
4R0
27.924
28,286
"."44.
15.896
21,010
9.<i76
;> '.438
2,580
5.95«)
37.085
^5fi79
5.89'
iti.isa
6,227
1,027
27
2.758
>.055
151
922
249
13.792
8,689
12,920
13.058
U,478
8,500
11,169
31,000
7.539
7.7"3
44 I f'oumitf.
CeiltUB
Uf lUl.
1,632
2,.543
599
6.935
29,U4(i
20.791
20,225
1.437
27,802
2>>,9l6
lti.B57
13,111
■ 17.365
22,905
15.710
2.53<
5.594
8,131
43.773
16,909
6,991
17.565
6,816
3.188
181
4.074
1,639
243
1.346
3.457
38
16,056
w.tioo
13>529
1.1.508
14,557
10,061
12,35"
36,173
8,092
8.385
8,309
5,003
6u|iputcd.
Msrch IBM.
3.290
1,330
3,317
4,304
536
5,870
2,454
357
9,360
4,000
. )
8,486
murtiable hj
Uriiiili aiul FkikIi
Cunftlturucift,
Urilith.
^ndl.
25
3--^
3
9
3
3 -
2-
3
61
Monlrral, 34 January 1838.
."?
in the Province of
)f tlie ProTincei of
publltiied' on the
AlFAIKS OF LOVV^^IH CANADA, &c.
■iUI
PiiTiiKiN e)rthn I'ri'XHicnt iiixl Sccrctiiry of tlie CuiiHtitutioiml Associntion of Montreal.
*- IJI'l'KU
( ANADA.
To tlic.^iiiglitM, (,'iti/ciiH, mill Uiii|;<M«'V of thr I'rovince of IJppor Cimudii, in I'roviiicinl
i'arliiiiiH'iit iiHiM'iiiblctl.
No. 30.
_ Sir F. II. lirad to
Tlie I'clilinn of the UndrrHiijiicd, for tliniiMolvcsi, iiiiil in lM<liulf of the C'unntitutionnl Lord Glenclg,
Aiwocialion of. MotitrenlXJ J'i//*- ApiKiiilix ((i.) ut Sir [•'. U. Head's poMpatch to Lord i;) March 1838,
tileiiulg of the I'ilh MarclrVtaLj). 161.) /
^X^ End. 3, in No.
30.
rrturiiable hj
IlriiUti aiHl Fr»ncli
Cunititucuciei,
irilith.
Frrnck.
1
1
3
3
3
l"
•i .
i
« •
•I
i
3
3
i
3
1
1
a
3
3
3
3
3
3
,3
a
3
3
1
1
3
3
.
' 3
-
a
•
■^ k
•
3
-
3
-
3
-
3-
.
3-
4L
3
3
k
.
3
3
3
3.S
61
Eiiclmiirc 4, ill No. :i(), _ ,
, To the Qiiri-ii'« Moxt Kiirpllciit Mu)rKty.
Mont (Imeunis Sovt-reipi,
We, Your Mujc«ly'n dutiful und IS^iil KidijrctK, the CuminoiiH of V \)\n\t Cuiiadu,
IVo-' KocI
vin9iul Varlinmeiit u«»enihled, hiiiiihly Ix'^ leave to repivseiit to Your Majesty, that the
proHp<'rity of thiH I'roviiu-e Inm lieeii ^reiitly retarded hyiiii^el of the liii|H-rial I'lfrliainent,
(WsmhI in the fiMirtli year of the reijrn of Ilis lute Majenty Kiii^ (ieoip' the Third, intituled
" An Aet to prevent l'a|)er BiIIh of Credit, hereafter Uf \w issued ill uiiv of Ilis Majesty's
ColonicH and Flantations of America, from lieiiif; declared to U- a lefjal tender in puyinent of
money, and to prevent the Ic^ul tender of Biicli Dills as an- now subsisting, from being pro-
lonjjed beyond the [)eriod limited fort-ailing in and sinking the same." ^
Yofly Majesty's f^i|hful Coiiiinons thcrelore pniy thai Your Majestjfwill be pleased to
reculiimend to your lm|M'riiil Parliament to re^H-at the sii||( Aet, so ftr (is relates tt
Province.
Coniinons llou'wroT Asoehibly,
W\. 4. Ill
N... 30.
to this
^
?
27th Feb. 183l».
}■
Allan \. Mar Sail,
Speaker.
Enclosure .'>, in No. 30.
To the Queen's Most Excellent Majesty.
Most OmciouB Sovereign,
Wc, Your Majesty's dutiful and loyal subjects, the Commons bf Upjier Canada, in,.pro- Eml.
vineial I'arlmmenl asseml>le<l, humbly pray that Your Majesty may be graeiouslj plea'sed to
recomiuend to vour Imperial Parliament to provide by statute (or the just proportion of
duties due to'this Province, ari§ing from iinportsjit the Port of Quebec, under the pro-
iii Nil 30.
visions^ of tire tith Geo.
Trade Act.
4, c. 114, and otlie
inportsjii
jr infperi
ConiijionB House of AsRcmbly,')
20th Feb. luau. /
perial statutes, p«^sed since the Canada
Allan S. MacNah,
S|)eaker.
\ X f Enclosure 0, in No. 30.
To the Queen's Most Excellent Majesty.
Moat GraciouB Soveteijrn,
- We, Your Majesty's dutiful and loyal subjects, the Commons ol' Upjier Canada, in pro- End. (J, in
vineial Parliament assembled, humbly pray that Your Majesty will be graciously pleased to
direct TOur Principal %cretary of State for tliOf Colonies, to take such measures as will
cause uH)e speedily funded in the Public, Debentures of this Province, such monies as have ^
been raised in this Province, whether from the sale of public lands, clergy rfc8«!rves, Indian \
lands, or from any stource whatever, and are now placed at interest, or funded in the stocks v
i>f Your Majesty's I'nited Kingdom, or elsewhere.
Commons House of Aitsembly,') Allan .V. MacNai
N... 3(
•itt Feb. 1U9U.
Speaker.
■Enclosurt' 7, in No. 30.
To the Queen's Most Excellent Majesty.
Most Gr^icious Sovereign, A O
Wc, Your Majesty's dutiful and loyal subjects, the Commons of Upper Canada, in pro- pnd. 7, in No. 30
vineial Parliam,ent assembled, humbly represent to Your Majesty, tliat in the opinion of this
House, the casual and territorial revenue of this»Proviiice should riot continue to be
burthcned with the' sum otj3,'iB&l. for religious purposes ; but that this charge should be '
borne out of the proceeds arising out of the sales and leasee of the clergy reserves.
Cominons House of Assembly,'! AUan N. MacNab, —
20th Feb. 183B. ]■ - Speaker. ''
357.
/
D I) 3
«
IBSBBKHSi-
/
i
♦
%
CAH,AUA.
No. 'p.
Sir F. II.JU«,I (,.
Liird Gl«iitl|,
II* Mtrcli [Via.
End, in No. 31.
'J09
f ORRKSPONUENCE RELATIVE TO THE
X'ii
-'No. 31.—
(No. *.i.)
Copy of 11 bL.^I'ATCn from Sir F. D. If tad, Burt., to Lord (ilenely.
My Uml, Upp<>r Canada. Toronto, SO March isaii.
I II. \VF. till' honour to tmnsmit to you herewith a copy of a commiinieation
which, on the tHtii inxtant, I ndilrcMcd to Ilia Excellency H. S. Fox, Ew]. "
Mnjo8ty'« min,i8tor at Wa.shington. m-;/,
I have," tc.
(tiigneJ)
Enclosure in No. 31.
Sir, Toronto, Upper Canada, 13 March inno.
I A M not yel relieved by the arrival of Sir Oeuree Arthur, but I may expect to be ao in
a very few days ; luid it ii proper that I nhould, m tlie Mean time, put you in posHcwiua
officially uf Huch circunutances aa hare oocured upon our frontier since I lint wrote to you.
In my letter of the 3d instant I apprised your Eacelkncy of ,the o^npation of Hickory
Jsland, HI this Province^ l^ a large party of armed Americans from the State of New York,
and of the possession, 'in like inauner taken, of Fighting Inland in the Detroit River,
bv a band of ruffians armed and equipped, and marching openly upon their expedition,
u(inofit within view of Uie. capital of the state of Miclii^afl. The disperaon of both of tlioKO'i
bands by Her MaitittK|rforcet, and their flight from this Province, have been also stated lo
your Excellency ;'!£irit is not without regret, and I am constrained to say ^ not withoat
a strong feeling of indignation, thit I have to add to thin catalogue of aggressions, made by
American citizen* duniig a warfare openly carried on by them for more than three months '
p«Bt, by reporting another quite as flagrant aa any that have preceded it, and attended witli
a more calamitous.'rcsult.
After Colonel Tow^nsend had driven the party from Fighting Island, Colonel Maitland,
who comniuiuls in that district, was led, by communications he received from the American
oiliiTr ciiiiiiiiandiiig at Detroit, to believe that this attempt would be the last, and that our
fruiilier would thenceforward be unmolested by further attacks from that quarter.
But, notwithstanding the American officer seemed to entertain this expectation very con-
fidently, and notwithstauding^'Gencral Scott', who has been specially sent by the President
of llie United States tu restrain the lawless conduct of the American people, nad Just passed
up from Buffalo to Detroit through Sandusky, , and must h^ve had (as one wouldf have sup-
posed), aniple opportunity to know what was going on in that vicinity, unless, indeed, ail
the Amencan people are combined to promote tMH oWtajogea, and assist tlie authors of
them, it is moat extraordinary that I should hav(^Hnw|^IMr^ that, on the lat of March
instant,-Colonel Maiyipd being in coipmand at fflp|i||i!fcHfei_received infomiaiioD thai
iiricans had taken forcibJKMHHfljlMBK large istajllpBKMl Pele
e same Gustancc from
■/£l
Z
many hundreds of .
Island, in Lake Erie.sabout SO miles below; Am
our main shore. , " '■«^ii.'«is«wc
This iHland is about nine miles long, artd four or five wide, and is in part cultivated, thera
being n number of Canadian 'formers resident upon it, whose stock and other property were
taken, to a considerable amount, by this armv of Americans. Colonel Maitland instantly
proceeded with his tm<>p« and militia to disloilge them, which he did effeetiiaily, but- only
after n contest' in which two men of the 82(1 regiment and one of the militia were killed, and
a number wounded. Qf the Americans four ofticersand seven men were killed, and 11 more
imtle pri«]ncn>, five of whom were wounded. 1
On the day following this affiiir, an officer of our militia, in returning to Amherstbursh
on the ic|^f Lake Fj-ie, met two persons about a mile and a half from our„Bhor^ and think-
ing thvBfffik' iomethingsuBpicioas in their hiovcmeiit^ and appearance, he stopped them, and
made tBrai prisoners. They proved to be a Mr. Sutherland, who Jiad for a long time past
awomed the rank and command of brigadier-general of what l^Calledihe Patriot army, and
a young man by the name of Spencer, his aid-de-cainp, calling, himself capUin. Tli^v Were
both armed with swords, and, yhen taken, were travelling in the direction of Pel6 Island,
Your Excellency will recollect that this Sutherland waa thA'^mmander of the party, who
took possession ofBois Blanc Island, and lo whic|) the anhe<I schooner bclonired wlmh was-
employed under his ordcrti in buttering the town of Amherstburgh. Yuu will probably also
.__• ., V . '_ re m enatoi^
f<
f
\,f'
AFFAIIUS OF LOWER CANADA, t,
jyii
nrnemlMT Ins proclanialionii »ddre«Md *> the inliabiUnbi of CiummI*. annouiu nig the
ipiirmi'h of Amencaii lilierty , Oid innUng them to rabf I •gainiit their Gov.-niiiient. H.* uiid
Spencei were inimnlintely iietit to Tti^to; the othi* nrimnen are confined at Anihrmt-
baivh.
Uniler an Act of
^o~3l
onr l4'({ii*l«ture,J««»i'e)l'i>n 1Mb of Fiinuary luit, amTof which ^i* •'• *■ Hrad t«"'
„.... ;.. il.- k„..:..^.... ;!• u i . . ' ■ . ■ ....4 ni...i,.
I Mtit your hxccllenc^r « copy in the bcKinrtmtf of F.bruary, a niihtiu general court martml '■""* ^*"'*'k-
bat been Huminonetl (or llip triiil of Suthcrhui.i, »vho ig impriiuined in the camsoit •trthin iKWt "" **•"'' '*3"-
iwter the char^ff- of Cnloncl Hunhca, of the *«lh ragiment. On llw night after th<i ronrt
■artwl had dclivrrrd to him a copy of the chargw a);ain>t him, to W anHtn>re«l the
ant day, or an Ihon ua tie rpiKht be prfpared, he endeuvourwl to make away with him-
lelf, by opwimi; Hevcral vrmii with u p<!Yikiiifi! ; he fainted from U.hh of M.kkI, and tho
EocL in Nil. 3.
iMCant of the j^uartl (bund him in that aitiiatiun at an ciirlv hour of the niornm^j.
rnuWin^; «f tl>i« niaiiV <liB|'Mmition or pntviouH chnnicler, I cHiiiiot jud!;e what may
Knowing
,. , , ■ , . , • -- I , -y liave He<!ii
(TailjnR inducement to the act. it may have [teen the hope of ctcitmK a Hympalhy in
amoiit hiH American countrymen, facing (na he luuRt Ix-) awaie that then .vm-
la very httleMnfluenced, if at all, by the conaideration of what ia juat or
lil
unj u«t>
RMume their
he ha* n^coverad hai atrcagth •uificiciitly, the court martial
pMceedinga.
Thia luat aggreasion of the AmericuiH ia^n ijcveral reopeilH, nioie ftagrnnt tliun any that
S»ie preceded it ; «t liaa beeiTcoromittcd lu-atl^. three nionthH after tjio fact wa* notorioua to
the American Uofcrnnient, that their citizens were in 11 »taU> of aicttial warfare against tliia
part 6f Her Majesty's dominions ; an(l the invadere came in n large armed party, variounly^^
■tatcd from 400 to l«»0, from that very piorflon of the I'mted States to which tlic atUiition .J
the mUitary officera of the Government Hjeniod.at the moment trt be most particularly calleil.
If this fcct prores only tlic utter inability of the American (iovernment to maintain their
Iraaty with tlie Hfitish Crown, tTie discovery is at least one of a very important and alarming
nature. Th« Island which they attacked «ia% many miles removed from the shorwi of Hlie
eonntry to which the invaders bflonged ; and jt was a large Ulaild, inhabited and .iiltivated
by Canadian subjects, whoth they made priaoiters, and whose proi)crty they plundeted. -It
has been confessed also by^me of themselvesjisince their^apture, that their dt^ign wA» to
ka*e Ivtded the next night upoiv^the nwin lanfibf this Province, which is at tJiat iioint fiv V t
ronovrd from any military station, and to have marched towards AmherHtburgh, burning the
booses of tlie loyal inhabitants on their route. ' ^ ^ \^
This is the last of the outra^rog for which the American Government has to answer to the
Britiah' nation; the last at least of which intelligence has reached me. It is now quate
dear, not merely from the acts of the aggrcasora, but from the published acoOunts of thew-
lelves and their symiiathising friends, which fill the American paueni, that a simultaneous
itUck upon our frontier from Montreal to Amherstburgh, was regularly planned, ijnd, in the
fcce of the American authorities, the attempt has been in a great part executed, tliough
kappily without any dectee of succesb. About the asd of February (thq birth-day oT
Washington), seems to have lieen the time deliberately fixed upon.
The robbery of all the public arsenals of their own couptry apiieara to have bwn effected
wi^out difficulty, by the same bands of ruffians, who, with th« assistance of the arms thus
obtained, hive been unable to maintain an inch of ground, or to carry a single point ajrainat
the hastily raised force of Upper Canada. • ,
What may be, or what ought to U-, the consequence of all these proceedings, it is not for
fte to determine ; bnt in justice to my own country, and particularly to the people of Upper
{^nada, whose admirable conduct throughout these difficulties entitles them to univerfal
lespect, I cannot take my departure from this Continent, without passing hastily in review
these extraordinary transactions, and remarking upon some pomtQ which seem to me
to deserve particular attention.
Soon after my accession to this Government, two years ago, I found that a numerous
party in Lowr r Canada, openly talking of rebellion, and acting in concert with persons in
this Province of like treasonable views, were constantly threatening to separate this Colony
from tbe Croyn, and holding out the assurance of certain support in their projects from tlw
people of the United States. Relying finely, and not witMut reason, on the lofal priii-
ciples of the inhabitants of Upper Canada, and having occasion to speak publicly at these
avowed deMgns of the traitorous factions in these Provinces, and of the supporters whose aid
they iMiasted of, I did not hesitate to say, " Let them come if tliey dare. For a purpose
easily understood, and not very amiable or becoming in any one wiho prolieved to be a loyal
subject of Great Britain, a person in this Province took upon liima^f to make this remark of .
mine the subject of a correspondence with the Soci^tary of the State of New York, ot -D,
whom he raqaeated to know what foundation there could be for my seeming^ imagine that ^
the citixens o* the United States could be induced to act hostilely towards this country > A
somewhat im^ant answer was returned to this appeal, in a strain calculated to suit the *
pucpose of the person whc^made it, and the answer was accordingly sent in triumph to Lord
Olenelg, and published in Canadian newspaprs, as evidence of a grievous wrong done»by
me to our neighbours, in suppoains it possible thot the JjaitOrs in these Provinces, who
reckooed upon their suppajt, could have the slightest ground for their hopes or assertions.
1 annex a copy of the prmted answer of the SecreUry of. State of New York, written, m it
IS declared, by the express authority of Governor Marcy, and in which it is statwU—
" You may rest assured that the universal /^esiffr-of the jicople of this State, and out
•jster States, is to maintain uiitmpaired nelations of friendship \»hich happily exist between
the .United States and Great Dritaih; and the auUiority of the State, and of the Uiii..,,,
wmW be promptly interposed to put^ojmimyattcjttjplft wthe jfert of UwsMubjeet tu^ theif, — ==:
D i> 't - respective
aar.
.^ J.: "■■^■^::
-J>f.
UPPER
No. 31.,
Kir F. B. Head to
I »irrt X' lenelB,
3U March 1838.
litid. in No. 31.
204
CORRESPONDENCE RELATIVE TO THE
*fc
respective! jurisdictions, to interfere with the political concerns of Canada, or of any of the
British dominions." I quote no more of this letter,- but it is all worth reading, bearini; in
recollection what has hup|)cncd since it was written. Admitting that Governor Marcv
and the Secretary of State were perfectly sincere in the estimate which they formed of the
feelings and principles of their citizens, it is but too plain that the opinion which the now
fugitive traitor^ from these I'rovincea hud expressed upon this point were much more correct-
and that Mr. Roebuck, from his letter to the people ji>f England, published so early as
December last, seems, also to have ascertained tlie true state of things with much creater
accuracy. This, however, is now of little moment to be considered ; but it is very material
to observe with liow much distinctness and confidence the Secretary of State announces in
Governor Marcy's name, " that the authority of the State would be promptly interposed to
prevent any interference of their citizens in the political concerns of Upper Canada."
Early in December last, hundreds, or rather thousands, of American, citizens combined
openly to raise soldiers to invade this Province ; found theih arms, provisions, and money for
the service ; and, in the face of the American authorities, equipped an array, which, under an
American leader calling himself a general, took forcible possession of a portion of Upper
Canada, and fired day after day U|M)n our [reople with artillery and arms taken from American
arsenals. Three weeks after these disgraceful transactions, the Legislature of the State of
, New York was assembled in tlie ordinary course, and Governor Marcy, in his annual official
Message intended to embrace every public topic interesting to the State, takes no more
notice of these shnmcful proceedmgs of his fellow-citizens which were still notoriously in
progress, than he diH's of anything that had happened in New Zealand.
Under similar circumstances, the Governor of the State of Michigan observed a precisely
similar line of conduct. This may, to be sure, have been accidental ; but it looks very mucli
like the pursuing an understood system of policy not the most friendly to Great Britiiin
nor very easily to be rei'onciled with natidfiat duties ; and after it had been stated " that the
authority of the Stale would promptly interpose, ke.," it is hard to understand thaf the
State had so little concern In the matter as to make it unworthy of the attention of the
Legislature. The truth is, that no obstacle whatever was thrown in the way by the govcm-
nient of the State of New York, except the issuing of a proclamation which was treated with
utter disremird ; and it was only when there seemed reason to apprehend, from the collection
of a large force ii|X)n our frontier, that the many pieces of United States cannon, which had
lieen for weeks used in making war upon this Province; tvere about to fall into the hands of
Her Majesty's forces, that the government of the State of New York were roused to any
visible exertion, and their exertion then was solely directed to the protection of their own
property, and was not carried to such an extent as to be attended with the least effect.
nut nosooii6r did the British officer in command on the Niagara frontier find it necessary,
as a measure of self-defence, to attack and capture a small steam-boat, openly employed in
the service of these American citizens, against whose warfare the government of the State of
of New York had wholly failed in the slightest degree to protect us, than Governor Marcy
makes this occurii'iice the subject of a hasty and earnest and exciting apjieal to his legisla-
ture, unhesitatingly applying to it the epithets of ".^outrage " and " massacre." Then, also,
he announces that he had called out the militia,'"~and taken efficient means to protect their
soil fn)m invasion ; and he calls upon the legislature to unite with him in further measures.
It seems not very intelligible how it can be more the concern or the duty of a State to pre-
vent their neighbours from defending themselves'-against injuries, than to restrain their own
people lioni inflicting those injuries; and if Governor Marcy could call out the niilitiu for
the purpose of securing to the ruffians on Navy Island an undisturbed intercourse with tlie
State of New York, and impunity in their hostile proceedings, I do not know why he should
not long iH'fore have called them out to enforce obedience to the laws ef Congress, and the
uuthoritK-s of the State, when they were openly and violently resistrf ftnd to protect the
public artillery and arms from being repeatedly plundered fror.i their arsetials. The hifercnce,
liowever, which I believe 1 may say is drawn from these transactions by the inhabitants of
Upper Canada from its eastern to its western extremity is, that it was intended to let the
ex|ierim<'nt proceed of attempting to overrun Canada with American citizens, assisted by
American artillery and arms, without offering it any other obstruction than a proclamation
which nobcxiy regarded, and which no attempt was made to enforce. It must at least he
admitted to Ix? a great niisfortune to live near a nation in which the powers and duties of the
govcmmeiit are either so singularly arranged, or so strangely carried into effect.
The allusion made to the destruction of the Caroline, reminds me tliat in your Excel-
lency's letter of the nth February last, i am informed that the American Government are
collecting affidavits' lor the purpos^ of contradicting the official report made to me of that
transaction, by the oiKcer under whose orders it was execu^d, and with the view of urging .
a claim for reparation u|x)n the British Government; and your Excellency hss recommended
to me to take any fuither Measures that may seem to me necessary for placing thit inatler
fairly before Her Majesty's Ministers.
I must candidly confess to your Excellency, that after all that has occurred before and
siute the df.ttriiclioii of the Caroline, I find it difftcult to turn with patience to a reconsider-
ation of that subject. The particulars are already before the world, upon the oath and the
iumour of ilritisli officers of iftMurnished reputations, independently of the other proofs by
»hicli their statements were accompanied ; and unless justice has fied from the earth, I do
not know how any grave attempt of the American Government to make that matter th«
subject of ro iii] i lii i iil, -and of applica t i on fcr rc4f<it», «*»» 4» -BXjjeeted^to^eeewe the slieht€*tr:
degree of countciiume. The most prominent filature in the injurious treatment whicTi this
unoireiiding
-w-^
AFFAIRS OF LOWER CANADA, kc.
203
UPPER
CANADA.
No. 31.
tDoffending Province has received, at the hands of the American nation, m, the utter disre-
gtrd of truth which has been shown by the thousands of people who have been active in
uiflicting these injuries, and who, when describing anything that has happened, either in
this country or their own, connected with their flagitious proceedings, seem to be guided by Sfr F. B. He«d to
00 other rule than to make sijch statements as may be most likely to advance their unjust Lord Glenelg,
etuae. We are, therefore, entirely at the mercy of whatever may suggest itself, as suited to ao March 1838.
lerve the purpose ; and all that can be said is, that when the representations have been •; — ~
lude, upon which it is intended to rely, if thoy are such as in the judgment of Her Majesty's Eucl. in No. 31.
Oovemment call for any explanations or reply, not furnished by the documents already lor-
nrded, I take it for granted the Lieutenant-governor of this Province will be referred to on
the subject. • '
I have never been for a moment surprised that the people upon the frontier of the State
of New York should have shown the strongest disposition to make the destruction of
the CaroUne the means of creatine all possible excitement. They were before utterly with-
oat a pretext for the accumulated wrongs and insults they had committed, it might make
their cause thenceforward less "odious and more prosperous, if they could contrive to make
this most justifiable act of self-defence appear to be an injury inflicted upon their country,
which their pride and patriotism made it their duty to resent. After what they had already
done, this additional injustice could not occasion much surprise.
What alone is to be wondered at and regretted is, that the Government of the United
States should not have felt it safe and expedient to render so natural a homage to justice,
u to reprove the authors of this unfounded and preposterous complaint, by calmly telling
them that their own outrageous violation of the laws of their country, th^r indecent defiance
of their Government, and their shameful conduct towards their friendly neighbours, was the
Mle cause of th6 destruction of the Caroline ; that they not only rendered that act natural,
uld justifiable, but would have warranted a much more signal retribution ; and that this
aohtary act of self-defence was but an insignificant consfequence of a disgraceful warfare,
whicbr if persisted in by them, must inevitably lead to general desolation and misery.
TTiatthe Government of the United States thinks fit toj pursue A different course is, I
sup-
pooe, 4o be ascribed to a desire to anticipate an expected demand for reoaration by advanc-
ing a claim of their own ; and it may probably be thought not impossible to give so serious
tn importance to this question as to produce an impression that but for this act on the part
of Her Majesty's forces the excitement would long ago-fiave ceased, and that this alone has
put it out of their power to quiet their people, and to restore peace.
I can discern^ iji the coi-respondence you have sent me, the display of such a policy ; per-
hap Great Britain may be influenc^ in the manner which seems to be hoped for, but I
believe it to be scai-cely possible.^ At the same time I am sensible that any strong feeling pf
dissatisfaction at the conduct of 'the American Government would probably be misplaced,
•ince it seems to have power and influence only when it seconds the inclinations of the multi-
tude ; and it acts therefore, I dare say, under the conviction, that their treating the question
Kconding to tlie principles of reason and justice would avail little for our protection, while it
would endanger some interests of their own.- It has indeed been alreadV very loudly pro-
claimed at large meetings of the citizens of the State of New York, that if their Government
does not procure for them ivhat they call satisfaction, tliey will make war of their own accord
and redress themselves. If the Government of tlie United States has indeed wholly lost tha
power of enforcing its laws, and maintaining its treaties, it is perhaps desirable that things
ihould, without delay, be brought to this issue, however calamitous it is to contemplate..
When a people reject and defy all restraint of their Government, and refuse to submit to the
obligations of reason and justice, there is but one remedy for enforcing respect for those
righU which they are bent upon violating, and the sooner the sufficiency of that remedy is
put to the teat the better. . „
I observe, by Mr. Forsyth's letter of the 1.3lh ultimo, that he appears to consider the cap-
ture of the Caroline as a measure inconsistent with the resolutions expressed in my speech
»t the opening of the Legislature, in which I expresse* " every confidence b the disp(»ition
of the American Government to restrain its citizens from taking part in the conflict which he
lays was raging in this Province, and ray determination to await the^result of the communi-
cations which I had made to the Government of the State of New York and to yourself."
He observe* also, " that the measures on the part of the United States have been as prompt
and vigorous as they have been successful in repressing every attempt of the inhabitants oi
the frontier states to interfere unlawfully in (what he calls) ' the contest.' " And he con-
cludes by saying, that " the most serious obstacle thrown in the way of those measures was
the burning of the Carohne, which, while it was of no service to Her Britannic Majesty'a
cause in Canada, had the natural effect of increasing the excitement on the border which the
Oovemment was endeavouring to allay."
Now I beg to remark, that on the Sflth December, when I made the speech alluded toby
Mr. Foreyth (and still less on the 13th February, when he wrote this letter to your Excel-
lency), no " conflict" whatever was " raging in this Province." On the 7th of December
a most wicked bpt utterly hopeless insurrection, which began on the 4th, was put an end to
without the tos* of a life, by the civil inhabitants of the country. From that time to the
present |1mi« hat been no conflictf whatever in thia Province, in which An»erican citizenr
could eilEer int«l^ce or be restrained from interfering ; but, during all that time, there hai
been an^till i^JHtlial war carried on by the citizens of the United States, under American
leaders with_ AJK ftn arms and supplies of M kinds, and a war of invasion, for Jhe sole^
and av(t«^ (^^oT separating thi» colony from the ^rili«h cwwn; a war iiiraideff By
367. E B asmgle
UPPER
CANADA.
No. 31.
Sii 1'. n. Head to
Lcril Ulenelfir,
20 Mareh 1838.
Kixl. in No. 31.
206
CORRESPONDENCE RELATIVE TO THE
a single individual in aims in the colony, but which, on the contrary, the brave, peaceful
mhabitanta^f Upper Canada are to this hour occupied, at great expense and inconvenience
in repellit^. '
In th4j next place, as to any contradiction which the burning of the Caroline may be
Bupp9*(!d to have dven to the declarations quoted from my address to the Legislature
I hate to remark, that the speech alluded to was delivered to the Legislature in Toronto on
the 28th December, and the Caroline was captured in the ni^ht of the 20th in the nver
Niagaro. It must be very evident that no change of my intenUons, in the mean time, could
have led to that act, of which I was so far from being in any manner cognizant that' I was
wholly unconscious of th« existence of such a steam-boat till I received the report of her
destruction, I had quite as little connection with this vessel before its destruction took
place, and J|uite as little knowledge of any mtention of its projected destruction as
Governor Marcy could have had; there was, therefore, no inconsistency on my part
If I had been aware of the occasion for such an attack, I should undfoubtedly have
sanctioned it ; at least such is now my impression ; for though I meant, as Mr. Forsyth
remarks, to await replies to the statements I had forwarded, and had earnestly inculcated
upon the officer commanding at Chippewa a cautious forbearance, 1 could never be supposed
to desire more than that he should not suffer anything to be done in the spirit of retaliation •
in other words, that he should not insult or injure the American people, because American
citizens had insulted and injured us. It would be strange to imagine that I had pledged
myself to allow 700 or 009 ruffians, whom the American authorities on the spot had sboAii
and confessed their unwillingness or inability to restrain, to transport, in peace and utmiolestedv
artillery, arms, and men, and to form a military position upon our territory, suc^s jjould
secure their continued occupation of it, and cover their further advance intQ t^tevince.
The moment it became obvious to the ofRcer commanding on the fix>ntier -tjiat tfiedeputy
marshals of the United States eitlier could not orwould'not do, anything e'ttcctuelvforoftr
protection, it became bis imperative duty to ward off the threateiied blow,"and'l4p'fenccthe
fire of the United States' artiUerj', which hiad actually been commenced upon uiTiy all the
means in his power.
I might forbear, I think, to ask your Excellency to compare Mr. Forsyth's assertion, that
the measures idopted by his Government "had been conipk-tely successful in repressinir
e\-cry attempt of the inhabitants of the frontier states to iuterfcre unlawfully" in what Iw
chooses to call the contest in this I'rovince, with the faCt that two months before he wrote
there had been hundreds of men in arms, at several points of the frontier, ready to invade
Upper Canada, if they had found it in any quarter unprepared for resistance ; that while he
was writing that letter it is quite notorious there were several such collections of armed men
under American leaders, at various points opposite to Canada; that, although in some
instances, when these bands of ruffians have been driven back by our forces, they have been
met and disarmed by the officers of the American Government. I know but one instance in
whioh they have managed, by their interference, to arrest the attempt, and prevent its
running its full course ; and, moreover, since this letter of Mr. Forsytlfs was written, our
frontier has been invaded at no less than four points, near Kingston, Fort Erie, Sandwich
and at Pele Island, by armies of American citizens, with arms and artillery plundered from
one arsenal after another; and at that point nearest to the seat of Government in the
State «if New York (I speak of the invasion from French Creek), thousands of Ame-
rican citizens rushed to the frontier to comitenance and abet this shameful warfare.
When Mr. Forsyth says that every such attempt has been repressed, I affirm that
not one such attempt has, to my knowledge, been repressed within the American te^
ritory ; while, on the other hand, it is certain that the officers of the American Go-
vernment, commissioned for that purpose, have repeatedly warned our officers of the
expeditions which were openly on foot against this Province, and have assured them
of their utter inability to prevent them; nor can I forbear to record the remarkable
fact, that in the course of this three months' warfare waged against us by American
citizens, every public arsenal throughout an extent of about 600 miles of frontier seems to
have been plundered of artillery and rauskete ; and that, so far as I have observed, no attempt
at this description of robbery seems to have failed of success. And notwithstanding the
fair warnmgs which tlie first outrage of the kind offered, I have not found that a man hu
been killed or w^ded in the attempt to defend these public arms, nor any one injured on
the side of the aMilants ; nor has it appeared that a single individual in the state of Michigan
or New York concerned in such offences has been brought to punishment.
J If these facU can be explained in ti manner consistent with the honour of the government
of the United States, I can only say that I have not yet seen the explanation Uttempted.
With resnect to the assertion that " the destruction of the Caroline, white it was of no
service to Her Britannic Majesty's cause in Canada, has had the effect of increasing excite-
ment on the border," I assure your Excellency, that up to the moment of that act the utmost
indifference and apathy were shown on the pwt of the government of the State of New York.
I have already stated that the fact of 700 or 800 American citizens having invaded our Province,
formed batteries on our island, and fired upon our people and houses from American cannon,
was not worthy of being noticed in any communication to the legislature. It was this painful
but necessary act of sell-defence which first roused that government to a sense of what was due
from them to the cause of peace and humanity. Until that time nothing effectual was done or
attempted, and I am quite convinced that nothing has been so instrumental as that sinslfl
^^•^ *ft^"*t«nag the ruuig^incUuattoa of the AmericBD people to iiuolt Aod trample apoiiura ^
inhtbitants
AFFAIRS OF LOWER CANADA, &c.
207
UPPER
CANADA.
inhabitants of this Province, and in awakening the American government to the inevitable
coniequences of suffering the wicked aggressions of their citizens to continue unchecked.
If it were indeed established, which I am certain it never can be (for the contrary is clearly No. 31 .
the truth), that the Caroline was not in the employment of the marauding army, and that tlie Sir F. B. Head to
commandineofflcerat Chippewa was unfortunately misled by appearances, how very excus- Lurd Glenelg,
tble would have been that error, when the deputy-ijiarghal of the United States sent expressly »o March 1838.
to repress these hostilities, came to precisely the same conclusion as Colonel MacNab did
respecting the service for which the Caroline was d^tined ; and on the very day before she '^""^'' '" No, 31.
was taken he wrote officially to his government at Washington, that letter, which, if there
*ere no other evidence to appeal to, would be of itself an undeniable vindication of this
Government from all censure on account of that transaction. I allude to Mr. Garrow's letter
of the 28th December 1837, laid before Congress, I. believe thfc very day before tlie intelli-
gence arrived of thedesUuotion of the Caroline. This proof of the sufficiency of the ground
on which that step was taken is so remarkable, tRat I annex a copy of the letter for the pur-
pose of convenient reference, although your Excellency has already seen it In this letter
the confession is distinctly made, that the hostile preparations against Canada were carried
na openly at Buffalo to a most formidable extent, and that he, as the officer of the general
government, had been successfiilly defeated in all his attempts to re-strain them ; and as a
proof of the alarming state of things he adds, that while he was writing, one or more steam-
boats were beini; cut out of the ice at Buffalo, to be employed in what he calls rathei
strangely the " Patriot Expedition." One of these boats, it will not be denied, was the
Caroline ; and this clear conclusion of the marshal as to her object, with every advantage of
information which his presence upon the very spot afforded him, being confirmed next day
by her being seen in tl»e act of transporting gmis and men from Schlosser to Navy Island,
she was captured. When I see the spirit in which this evidently justifiable acthaabeeii
treated, I cannot but consider it a singular piece of good fortune that this letter of the United
States' officer should have happened to have been written and sent off on the 28th December,
and that it was communicated to Congress, and thus given to the world before it was known'
how important the testimony was about to become in relation to the occurrence which took
place on the 29th, and whicli was immediately after made the subject of so unreasonable
t complaint.
in my letter to your Excellency of the 30th January last, I expressed regret that in the
construction which the officers of the American Government seemed disposed to put 011 the
relative righto of the two countries, under the circumstances in which they were placed,
I could not discover satisfactory proof of a spirit calculated to contribute to the restoration'
of permanent tranquillity.
it is btt ju»t that I should state befor^ retiring from this Government, to what circuni-
•tanees I chiefly alluded when I made this remark. I will now therefore give the,
explanation.
It was, perhaps, not in the power . of Governor Marcy to make a distinction between • • V
treason committed in the progress of a great political revolution, and such an outbreak as
ended in the flight of Mr. Mackenzie, met committing, in the two or three days he was in
arms, atnx;ions acts of murder, arson, and robbery, f am therefore bound to suppose that
he adhered to what he considered to be his duty, m declining to surrender Mackenzie upon
my demand ; and that he properly referred tlie matter to the Government of the United
States, as alone competent to deal with such a question. But on the other hand, it has not
•eemed to me to give a satisfactory proof of the earnest desire of the federal Government
to preserve their friendly relations with Great Britain, that they appear to think a fugitive
criminal from this Province intitled to, their protection, though his residence in the l^itwl
States lias been marked by the most constant and shameful defiance and dhtobedience of
their own Government and laws. It would have been extremely natural to have said to
Mr, Mackenzie, " If you had sought refuge amogg "us from a political chatge, and had
cooducted yourself as a citizen of our country, submitting to our laws, and rendering a due
obedience to our Government, we should probably not have surrenderee! you ; but you have
disclaimed all subjection to our authority, from the moment of your setting your ^t upon
our shore, and can therefore, with no reason or jiutice, claim our protection. You have
collected bar.ds of armed men, in defiance of the, law, and have incited hundreds of our
people to the most flagitious public robberies ; it is necessary, therefore, lor our own peace
and safety, that this country should no longer afford you that shelter, wMch is due only to
those who recognise and submit to the authority of iu Government" I may be wrong, but
I believe it is thus that a European Government would have acted ; and I am convinced that
•uch a course of conduct would have done infinitely more towards putting down the
outrages which the American Government has lamented and condemned, than all that has
been effected by their officers, civil and military.
Another point in which I cannot conscientiously admit myself to have been satisfied,
relates to the line of conduct pursued by Major-eeneral Scott, at a particular crisis, upon the
Niagara frontier. I am very sensible of the difficult and delicate duties which he, in
cmmpon with General Wool, Colonel Worth, and General Brady have had to perform, cob-
•idering the disposition of the people, and tlie slender means at their command, for com-
pelling obedience to their orders; and I would most unwilliusly entertain a surmise
to their prejudice, where it is evident, that ink the discharge of their duty, they have
generally evinced so much activity and zeal. But what I especially allude to, as
affording, ja my opinioi^ ^a^jseosonabls f^roaiHl of exeeption, is the letter of GeB Sttl——
Scott, of 16lh January tU38, and lim measures in relation to the subject of that
»«• E B 9 letter.
UPPER
CANADA.
No. 31.
Sir F. B. Head to
Lord Gieneig,
so March 1838.
End. in No. 31.
208 CORRESPONDENCE RELATIVE TO THE
^/ '
letter. He knew that the officer commanding on/Aiir side of im Niagara Hirer, wag
very naturally <Mder the impression that the itteam-boat Barcelona, then at Schlosser, was
brought down bythe brigands who had long been engaged in open hostilities against this
Provmce, for thel purpose of removing themselves^ their artillery and stores, from our Islaqd
(of which they wiere then in forcible possession) to some other part of Upper Canada ; and
while he conflrmfld the grounMof that suspicion by his letter, and avowed his doubt of the
practicability of his arresting wen the leaders of these brigands, he seemed to insist that our
forces should, make no attempt to prevent their passing up the Niagara river. For a purpose
so essential to the peace and honour of both countries, one would have supposed that the
invisible boundary fine through the waters of the Niagara might well have been permitted to
be passed over without adverting even to the question of absolute right to do so by the law
of nations. But what I am most disposed to complain of is, that although Qeaeral Soott
knew that the Barcelona, when about to pass from the Island to Buffalo, was not in fact
freighted as she was expected to be, he didnot take the obvious step of communicating this
amicably to the officeMlt Chippewa, and thus assuring him that an attack of the steam-bc«t
would be unnecessary. He knew that, on our side at least, not an act was done otherwise
than in strict obedience to authority (as i am proud to say has been the case throughout the
whole of this aggravating contest), and that, in order to avoid the collision which he depre-
cated, he had only to put the officer commanding in possession of the truth. Still he left
him in ignorance ; and fully expecting that, under a false impression, an attack would be
■ made upon the Barcelona while in the American waters, he hurried down to the shore with
' artillerymen and field-pieces " to return (as he declared he intended to do) shot for shot."
It is true that, while he was on the point of setting out to Schlosser, or Black Rock, to act
this part, he declared to one of our officers, who nappeneci to be at Buffalo, that such was
his intention, and accompanied the declaration with an assurance that he had ascertained
that there were none of the brigands or their arms in the steam-boat ; but he well knew that
the intimation came then too late to be of the least possible 8ervice_ in preventing the expected
collision, for which he seemed to have been delibefately preparing, for it could not be con-
veyed in time to the officers at Chippewa, or in command of our schooners. It did so hap-
pen, by the mere accident of the one of two lettcrs'which was last written by the officer com-
manding at Chippewa to the naval officer in command of the schooner, being the first that
reached its deatination, that the steam-boat Barcelona was allowed to pass up unmolested
and General Scott had not therefore the expected opportunity of bringing the United States
troops in collision with Her Majesty's forces ; but the steps taken seemed much more likely
to have terminated in such a result than to have Avoided it, and ,, they ^Jlftred no very con-
vincing proof of a desire to preserve friendly relations.
In justice however to an American officer, I have pleasure in recording a circumstance
which has lately occurred, and in which the feeling that was shown by him may be advanta-
geously Contrasted with that which seems to have governed General Scott.
Not many days ago it was reported to the American officer, Colonel Worth, that many
hundreds of armed mdn'l^ad lett the vicinity of Bufiiilo, intending to invade Canada at or
near Point Abino, above Fort Erie. Colonel Worth, taking a force with him, pursued them,
and found that they had established themselves within our lines, having P"' "P <^ temporary
shelter on the ice. He advanced upon them, in order to compel them to disperse, when it is
stated that he was accosted by the brigands, and asked how he dared to enter Her Majesty's
dominions for the purjiose of attacking them. Colonel Worth, as it is reported to me by an
official document m my possession, was not deterred by this cousideration, but demanded of
them to lay down their arms ; and on his showing a determination to advance against them,
they dispersed Uiemselves and fled. He rightly judged that the most liberal construction
would be put upon his condiliEt while in the execution of a service in which (like our destrac-
tion of the piratical steam-boat the Caroline) both countries had a common interest; and he
fielt, 1 doubt not, that he could safely rely upon no captious exception being taken to his
proceedings. If General Scott had shown a like desire to co-operate with this country in
nringing to punishment the men who had so daringlyinsulted his own Government as well as
ours, he might, it is true, have run some risk of disappointing the expectations of the popu-
lation in and nljout Buffiilo, but he would most effectually have secured the avowed object of
the United States Government iu maintaining their existmg treaty with Great Britain.
It may serve as no unapt commentary upon the early declaration by the Government of
the State of New York of the universal disposition of their people not to interfere in the con-
cerns of Canada, as well as upon Mr. Forsyth's letter of 13th February last, if I bring
iinde* y^ur pAcellency's view a debate in the Legislature of New York upon the frontier dis-
turbances whicft took place so lately as the beginning of this m6nth. It is reported in the
New York Spectator of the 6th in&tant, ^d I annex the extract which contains it. You
will there see that n member of the Legislature, acting confessedly in concert with the
Government, calls for the enactment of some extraordinary measures in consequence of
another arsenal at Elizabeth Town " having just been robbed of large quantities of muni-
tions, arms, and field-pieces ; and such, he says, was the temper of the population in that
<|uarter, in which the public officers, civil and military, participated to some extent, that it
was found difficult to assert the authority of the law, or to recover the public property ;"
and it will be seen that he eives a most striking proof of the degree to which this fiseling
Dn;vailed, by the nature of the measures which he proposed. Thia does not exactly accord
with the convictioo expressed by Mr. Forayth, that every disposition to interfere in the con-
'MTiM i)f Ciknada had bv«n put duwn by the Goveniment, nor does it teem tliat his impfes-
sion in regard to the excitement being mainly to be ascribed to the destruction of tlie Caro-
line is strrngtlwned by the upiniona of public men who have a nearer opportunity of seeing
what
AFFAIRS OF LOWER CANADA, kc.
what is going forward. You will observe, that in the same debate, Mr. P. King attributes
this almost universal disposition to rise above the law, not to any sense of insults,, or injuries
received, but to, " a warm and (patriotic sympathy there and throughout the country for a
people who are' deemed to be Oppressed, in other words, to a wish to make this British
Colony an American State,
I need not report to your ExjslJency how little this sympathy is desired by the people
towards whom it is so dismterestedly exercised; Qf this, perhaps, a better proof could not
ite given, than that Mr. Sutherland, who was so conspicuous in his efforts and attempts to
liberate the people of Upper Canada from their fancied oppression, has just been brought
from Amhei^tburgh to Toronto, 260 miles through the interior of the Province, by a mihtia
guard of 12 men, with as perfect becurity against any desire to repay his sympathy by an
attempt to rescue him, as if he had been an ordinary criminal taken up for larceny ; and it
is a most striking proof, on the other side, of the spirit of justice, the humanity and obedi-
ence to the laws which prevails universally in this Province, that in travelling all this dis-
tance such a prisoner met with neither injury nor insult while, at this time, it is notoriously
unsafe for any inhabitant of this province to be seen iii any town along the American frontier,
and even British officers sent on an official mission to an American general commanding,
have met with the grossest insult and ill-usage.
I haje, &c.
■ (signed) F, B. Head.
His Excellency II. S. Fox, Esq.
J
^-">:
309
CANADAi
Sir F. B. Head to
Lord Glenelg,
10 March 1838.
End. in No. 31.
Appendix (A.) -
On the 20th of July 1836, Mr. Robert Baldwin addressed a letter to Lord Glenelg, of which
the following is an extract : '^l also bte to refer your Lordship to the reply oT Sir F. B.
Head, to the address presented to himimi ine subject of the foreign interference to which he
had alluded in one of his preceding rephes. 1 learn by my pnvate letters, that in conse-
quence of his Excellency retusing all satisfaction as to whence he had derived his informa
tion on the subject, a letter was addressed to the authorities of the neighbouring ^Xatk of
New York, and I subjoin an extract which had beCii sent me from the answer of the Secre-
tary of State of that republic, which will show your ^prdship the light in which sttangers
view the conduct of the Lieutenant-governor, in 8prcadihg.s^ alarm on the subject of foreign
intervention.
(Extract referred to.)
" The answer of yoiir Lieutenant-governor, dated the 28th ultimo, to the address of the
electors of the home district, was received here and in Albany with equal surprise and
regret. The State of New York is not directly referred to ; but our local position in rela-
tion of Upper Canada is such, that we are almost constrained to believe that our citizens
are intended by the designation of " foreigners," whose interference is deprecated.
I gave a copy of the address to Governor Marcy, and he would not heSttate to notice it
officially, if, under the circumstance, he could do so with propriety, but he does not per-
ceive that he can ; I am, however, authorized by him to say, that he does believe not a
single citizen of this state entertains the design of interfering in any manner with the politi-
cal afiairs of Canada, nor has he ever heard suph a design imputed to any individual. If
your Lieutenant-governor had thought proper to co^nmunicate to the executive of this state
the grounds on which the intimation referred to was thrown out, a course which certainly
seems due to the friendly understanding subsisting between us, it. is believed that all cause
for suspicion Would have been removed, so far as the citizens of this state are concerned.
As it is, we cannot but think that great injustice has been done to us, by ascribing to any of
our citizens criminal designs of which they are innocent, and to the people of Canada, by
exciting distrust and alarm for which there is no shadow of foundation. You may rest
assured that the universal desire of the people' of this state and our sister states, is to main-
tain unimpaired relations of friendship which happily exist between the United States and
Great Britain ; and that the authority of the State and of the Union, would be promptly
interposed to put down any attempts on the part of those subject to their respective juris-
dictions, to interfere with the political concerns of Canada, or any of the British dominions.
It is no more than just to the citizens of the United States, to add, that a recent instance of
magnanimity on the part of Great Britain, has strengthened the desire to which I have re-
ferred, and 1 am sure that the moral sense of a whole community would revolt at the idea of
repaying that act of friendship with bad faith, which y^our Lieutenant-governor, as we sup-
poae, intended to attribute to some of us."
=«fiV
Appendix (B.)
From the United States Marshal to the President.
To hit Ex cellency M. Va n 'puren :
Bufiaio, 38 Decestef taSTF
This frontier is in a state of commotion, I came to this city on the 22d instant, by direc-
tion of the United iytntcs' aUoi my for the northern district of this state for the purpose of
:l.i7. L 1: 3 serving
■^^j,r
UPPER
CANADA.
No. 31.
-Sir F. B. Jlead to
Lord'GUneIg,
20 March 1838.
End. in No. 31.
310
CORRESPONDENCE RELATIVE TO THE
serving process upon individuals suspected of violating the laws of the United States, enacted
witll a view to maintain our neutrality. 1 learned, on thy arrival, that some 200 or 30rf men
mostly from the district of country adioinins;^this frontier, tLd from this side of the Niaxrara'
had congregated upon Navy Island, Upper Canada, and were theai^ arms, with Rensralaer
Van Rensselaer, 01 Albany, as their commander-iu-cbicf. From Toat time to the present
they have received 'constant accessions of men, munitions of war. provisions, Jtc. from per-
sons residing within the Sbtei.
Their whole force is now about 1,000 strong, and, as is said, ar« well supplied with
anns, 8ic. "
Warrants have been issued in some cases, but no arrests have as yet been effected. This
expedition was got up in this city soon after M'Kenzie's arrival upon this side oflhe river
and thp first company that landed-npon the island were organized, parti^Iy at least, before'
they crossed from this side to the Island.
From all that I can see and learn, I am satisfied that, if the Goremment deonu it their
duty to prevent supplies being fuitilshe'd from this side to th^ army on the island, and also
the augmentation of their forces from among the citizens Df the States, an armed force
stationed along upon the line of the. Niagara will be absolutely necessary to its accomplish-
ment.
I have just received a communication from Colonel MAcNab, commanding Her MajestY'<>
forces now at Chippewa, in which he strongly urges the public authorities nere to prevent
supplies being fumislicd to the army on the island ; at the same time stating that, if this
caiibe effected, the whole affair could be closed without^y effusion of blooJ,
MacNab is about 2,600 strong, and constantly increasing. I replied to him that I should
communicate with you immediately, as also with the GoVifemor of tnis State, and that every-
thing' which could, would be done to maintain a strict neutrality.
I learftHh^t persons here are engaged in dislodging one or more steam-boats from the ice
and, as is suppoa^di with a view to aid in the pat^ot expedition.
I am, &c".,
' - \ N. Garrac,
V. S. Marshal Northern District New York.
Appendix (C).
To the Commanfing Officer 'b(^ the Armed British Vesiels in the Niagara.
\
Head (Quarters, Un/ted States Army, Eastern Division,
Sir, - Two Miles below Black Rock, 16 Jan. 1838.
With his Excellency the Governor of New York, who has troops at hand, we are here to
enforce the neutrality of the United States, and to protect our own soil and waters from
violation.
The proper civil officers are also present, to arrest, if practicable, the leaders of th« expe-
dition on foot against Upper Canada. - -
Under these circumstances, it gives me pain to see the armed vessels mentioned anchored
in our waters, with the probable intention to fire upon that expedition moving within the
same waters. Unless that expedition shall first attack, in which case we shall mterfere, wc
shall be obliged to consider a discharge of shot or shells from or into our waters, from the
armed scbw>ners of Her Majesty, as Ap act seriously compromising the neutraUty of the two
nations. I hope, therefore, that no^ch unpleasant incident may occur.
I remain, Sec.
(signed) Winfield J^ott.
Appendix (D).
The Frontier Disturbances.
Mr. J. A. King, from the select committee on the Governor's special message, touching the
Schlosser affair, asked leave to submit a verbal report on matter which cmed for prompt
action on the part of the Legislature.
Leave having been granted, Mr. J. A. King stated that the commiUee had been called
together by the Governor, in consequence of his having received information that the arsenal
rritt^izabtilhtown, in £stax county, war broken into on the night of Sunday last, md l«^
quantities
X .
r-f
AFFAIRS OF LOWER CANADA, Jcc.
211
fell supplied with -V
Data from th^ ice,
rict New York.
qutnhbes of munitions, arms, fieldrpieces, 4c. taken away ; that such was the temper of the nVv?Al
populauon m that quarter, m which the public officers/civil and military^ paSted to ^^^^^A.
some extent, that .t was found difficult to"^ assert the au'thorityTthTSr to^S the M—
The bill which he held in his hand authorized the MTernor to apooint three snpdal ^°'='-'" "^"^ ''•
attorneys if m his judgment the exigency should require Tt. It was^ Sfewure whkh K
judgment of the committee and of the executive, th^case mightTeqtSrt
J JIS^^"' T °'t«'' ^,?.t>wd /f^ing. 70 to 10; birt^this Tote was immediately reconsi-
dered, on mdUon of Mr. Silhman, Mr. SiBley intimatmg a wish to amend. ^"'"'^'^ '**^™"
On motion of Mr. P. ^ing, the House went into committee of the whole uoon thp hill
ScS.S'.'lf*'"''^'' ■""* Mr. Mann sustained the measu«, not 1 IchTcause he'
anticipated these outrages would result in war (for government^ did notlo to i^rZhtlv
•ary to preserve the pUblic property from lawless depredation.
the^t^^nlK" •''•'■'""' '" "^'"""^ "'*'' "'''"'''""" P"''"^ ^-^ '-"' ■'t'"-- where
oitl Krrre»d*o.:gfti^d^^^^^^^^^^ ^'^ ^"« P"*"'^
Mr. P. King repelled the insinuaUop that either the people or the public officers on .h^
frontier were indisposed to sustain the supremacy of the W Still there was a warm and
patriotic sympathy there and throughout tL country, for a people who wer^^i^Zl^n hi
The committee rose, without taking the question.
367.
E E i
a 13
COBRESPONMNCE RELATIVE TO Till
NOVA SCOT LA
MOVA SCOTIA.
No. 32.
Sir C. Campbell
16 Lord GItiniilg,
5 February 1838.
Y'
End. in No. 3*.
— No. 32. —
Copy of a DESPATCH from Major-Gencral Sir Colin cJLpbell, k. c. d., to
Lord Glenelg. I
My Lord, Halifax, t February isns.
I HAVE the honour to transmit your Lordship copies of the/ speech with wliich
I opened the Legislature of this Province on the 25th ultiiio, and tlie roply of
the Legislative Council and House of Assembly thereto. I
1 hwve, &c.
(signed) I Colin Campbell.
/^
Enclosure in No. 32.
\
I
Halifax, Nova Scotia, Legislativfe Council Chamber,
Thur&day, 26 Jahulry 1830.
At twotf clock this day. His Excellency the Lieutenant-Oovfi/nor proceeded in State to
the Council Chamber, and being seated, the Gentleman Usher of the Black Rod was directed
to command the attendance of the House of Assembly ; the Hatse attended accordingly
when His Excellency was pleased to deliver the followmg Speech "
Honourable Gentlemen of the Legislative Council,
Mr. Speaker and Gentlemen of the House of Assembly,
Mv first duty, and a painful one I find it, is to condole with jon on the loss which, since
SU'ii- * "^''"S- we have sustained, by the demise of his late most gracious Majesty
WUhamthe Fourth, of blessed memory, whose paternal attachment to this Province, whicli
ml^'Si"' ■" *"'y Ef"*^ °^^^^ ''*'^' w'" ^ remembered by yiu with gratitude and respect.
The Throne of the British empire is now filled by his aum/st niece Queen Victoria thii
daughtfer of his late Royal Highness the Duke of Kent^ho fJr, many years resided amongst
you, when Commander-in-Chief in British America. Her Majesty s accession has been
hailed, in every part of her extensive dominions, with the /nost enthusiastic loyalty : her
youth and sex claim from her subjects their dutiful affection And support.
it is with deep regret 1 have to notice the late unfortunate events in the Canadas ; Lut 1
have the satisfaction of informing you that the insurrectibn has been put down m I/)wnr
Canada, and that the traitorous attempt made to separateAhe Upper Province from British
rule, has been signally defeated by the gallant conduct of/its militia alone. It is true that a
small and desperate band still retain possession of Navy Island ; but there is every reason
to believe, as measures have been adopted at the r^jsmmendation of the President of the
United States for the enforcement of neutrality onjlhe frontier, that these deluded men,
deprived of all foreign assistance, will speedily be diipersed.
These rebellious proceedings have called forth in this Pfovince expressions of indignation
and abhorrence, and the addresses, from various quarters which have been presented to me
declare the unshaken attachment of the inhabitants of Nova Scotia to Her Majesty's person
and Government. ■' ■> t^ ,
I have great pleasure in congratulating you upon the abundant harvest with which it ha«
pleased Divme Providence to reward the labours of the husbandman, and which has diffused
the blessing of plenty throughout the country.
Mr. Speaker and Gentlemen of the House of Assembly, "
The provisional establishment of two distinct Councils, which has recently taken place, and
the despatches which I am instructed to lay before you, afford ample evidence of the gracious
attention that has been paid to the representations which you addressed to the Throne in the
last session. .
I Mmestly hope that this important alteration of the ancient constitution of the Provina-
will be attended with all the advantages by which, when you advised the measure, you
expected it would be accompanied.
1 have directed the public accounU to be laid before you, and I trust you will find that
the supplies granted to Her Majesty in the last session have been faithfully expended. The
usual esUmates of the civil establishment for the present year will be submitted to you, and
I have no doubt of your providing for the support of Her Majesty's Government, and for all
other^cessary services, with your usual liberality. 1
Hoft^reble Gentlemen of the Legislative Council, ' \
Mr. Speaker and Gentlemen of the House of Assembly,
I have great satisfactiop in acquainting you, that the revenue last year has inftreased con-
siderably ; the receipU have been more than sufficient to meet all the demands on the
treasury.. 1 feel it my duty to recommend an economical application of our meaiw, by keep-
ing our expenditure within our income. , , .
Imost earnestly desire to dmw your pBfticular iiltetifi«i^i6 the rneWciraTsSte of the
niihtia ; It IS not at present what I wish to see it; there is all the good feeling and loyalty
I could
tpbell, K. c. D., to
AFFAIRS OP liOWER CANADA, fe. ai3
' / \ t
I couW dewre. A« it i« tho consUtutit/nal defence an^ wcurity of the Province, I am ^r-
Z.T. r ^""f'l'i^!:!^ ^^ "'^'^f .'y °^ «r "«•'"*? **'« '■"' V* ■" •"•"tence ; and the zeal Zd
d«cmhne of 86,000 young ahd w.ll.n^Bone of your ownVumiliia ought not to be neglected
oy Uoremment and the LegiHlature. j \ *
.Jl '" "'^. *"'?•"'* desire and recomiiendation of Mer Majesty 'g Government that you will
for Ll!,^h".h"' ''.""^''"f "'^ y^'-rPHlT ''"'*'* "'"• "•"' "Pirit^r harmony in your proceedings
^rJ.A I '^P"'"'""' f «•"« Pr/)»«nce has so long been conspicuous, and which his
proved so conducive to the best interests of the country f > "- »•»
My anxious wish is to see pekce, content and prosperity, prevail throughout the Province •
iW^M theL bfes" m " "^ cooperation in any measure which can tend to secure and
To his E^ellencv Major-General Sir Coli,, Campbell, Knight Commander of the Most
Honourable Military Order of the Bath. Lieutenant-Governor and Commander in Ch^f
m and over Her Majesty's Province of Nova Scotia/ and its Dependencies, gtc. 4c. &c.
The Address of tlie Legislative Council.
May it please your Excellency,
I. ^i,^' H" Majesty's dutiful and loyal subjects, the Legislative Council of Nova Scotia,
humbly beg leave to thank your Excellency for the Speech with which you have been pleased
to open the present Session of the Provincial Parliament.
We participate with your Excellency in the painful feelings which the demise of his late
most gracious Majesty King William the Fourth excited throughout his widely-extended
dominions. The condescending regard which his Majesty often expressed towards thi«
Frovince, as the scene where a portion of his early life had been spent, has rendered his
memory dear to its inhabitants ; while the important events of universal interest which have
characterized his reign, will ever give to that portion of our history a conspicuous place in
the annals of the Empire. ' "^
^ We respond with tKc deepest emotion to the sentiments of devoted attachment and fealty
to our august Soversjgn Queen Victoria, which her accession to the Throne has called forth
It gives us pleasure to remember the warm interest which her late Father ever evinced in the
welfare of this Province, where he Jong resided, associates Her Majesty more readily wiUi
ita inhabitants ; and we feel with your Excellency that her age and sex draw around her the
uiections of her subjects with deeper interest.
The unhappy events in the Canadas have excited our deep regret ; but we find great satis-
taction in the assurtnce that the traitorous attempts of designing men have been suppressed "
We rejoice that the gallant militia of Upper {>nada met in so distinguighed^a manner the
emergency which called their loyalty/and courage into exercise; and indulge with pleasure
the hope your Excellency affords us that the desperate band of wicked and misguided men
on Navy Islaiid. still found m opposition to the just authority of Her Majesty and the laws
b«Dg depnved through the intervention of the Government of the-United States of foreign
aid, may speedily be dispetsed, and the miseries of violence and disorder be altogether
stayed in our sister colonies. , ''
We feel happy that the addresses from nuiperous parte of the Province have conveyed to
your Excellency declahitions of unshaken loyally to Her Majesty's person and Government.
Unitinjpr in our body members from various parte of the Province, we are enabled to assure
your Excellency, that such is the universal feeling of Nova Scotia; nor can we fail to use the
present as a fit occasion to tender to Her Majesty, in unison with our fellow-subjecte, our
own expressions of similar sentiments.
'In the congratulations expressed by your Excellency on the late bountiful harvest which
has diffused prosperity thrdugh the land, and is the just cause of the liveliest gratitude and
devotion to the Almighty Giver of all our blessings, we most cordially unite with your
Excellency. ^
■ The increase of the revenue, and the faithful discharge of all demands upon tlW Treasury,
are very gratifying. la'the application of our augmented resources we shall not fail to be
guided by your Excellency's recommendation for their economical expenditure.
Agreeing as we entirely do in tho sentiments expressed by your ICxcellincy regardiix' the
state of our nulitia, we slmll readily adopt any measures that ina\ be devised lor the improve-
ment of its discipline/and the increase of its efficiency.
No effort on our part shiill be wanting to ensure harmony in the performance of our
legislative labours, deeply convinced that, conducted in such a spirit alone, they witi be
beneficial to the F;rovince; and your Excellency's administration of the government enables
ujito rely with perfect confidence upon your co-operation in every measure which may
MT|naf theihtereste, and promote the peace, happiness^, and prosperity, of the people of
\
y
NOVA sc6tia.
No. 32. ,
Sir C. Cimphrll
to Lord OletMW.
5 February 1838
End. in No. ja.
To htt Exoellency Major-General Sir aim Campbell, Knight Commander of the Most
Honourable Military Order of the Bath, Lieutenant Governor and Commander-in-Chief
m and over Her Majesty's Province of Npva Scotia, and its Dependencies, &c. 8tc. &c.
The humble Address of the House of Representatives in General. Assembly.
M«y it please- your Excellency^
We. Her Majesty's dutiful and loyal subjecte. the Representatives of Her Majesty's loyal
people of Nova Scotia, (hunk your Excellency for the «|)ceeh with which you have been
. 3.'>7- F F ' , pleased
m\
HOVX 8C011A. "* CORRESPONDENCE RELATIVE TO THE
- wlTT- P'eMed to open the prsMut mmkni, Md eoudole with your Bicellencv nn tho dMni- „#
SI, ? VL« T„P«i°'"' •<'«'«*g" WiUi«n the Fourth, whoM ble^ mttZ^bLdU^IS^ "!«!'.
f" C.j3yi»pUa of Nov. 8coti« by tlie p.U>mal Atachment he extended towarS^inh«b^U «m PTP*"
tfS^^'^. ^-Pentpartof Le/yhfe The a^on to the Th'^.'^M^et^S5^S^?^. '
af.imniy iii3». angu.t niece Queen Victona, daughter of hn Royal Highneu the late Duke «rKpn. i. *
BaoLm Np. afc J^" ^"^ throughout her e*ten.,ve dominion, with rapturou. and enthu.ia.tic loyaltT-' I'd
hei! youth and «cx have no where a stronger claim to attachment than in tbia ProvW J,il"
the memory of her illustrious father is gratefully cheriahed. rrovim:., where ,
*i. T*"! r^t' "° *"*' *"'■ '••«."«.«"' insurrection in the Canada, it mitinted by a knnwi^i™
that .t hja been .nm,n:s«Hl ,n the Lower Province ; and we feel-proud that t JconrtS^
force of the Upper l*rovmce has defeat^ the traitorous attempt ^ cast off British aiCZ
and are gratified to leom that the Govommert of the United Ita^es is detemined SShrj
to the paciflc treatie. subeistiSfe between the two nations, and to pre*,rve that l^tu^Z '
which may leave the despcratel«,d of conspirator, encamped at Navy Island no altemiivJ
but submission to a just and indignant Goverumcnt. •"emauve
.,n^1,''""'*'r"' °! ^°''" S^''""*/" H" Majesty's person and Govemnlgnt has ever be™
unshaken, and recent evenU have only cauied it to> more openly and frequently expr^swd
Wc are picasejj to hear from your Excellency that the bieMingn otJKvine Providence h«.«
' produced an abundant harveat. and that the'ubour. of thA^wRndnJEXui Z
eountry have been rewarded woh plenty. « "-""guoui uie
We are disposed to view the provisional eatablishment of iWb «£itinct Councils as enH-n^
of th. gracious attention which Li been paid to the repre.e°t>t&|» iddreia^Tv Z A«^
Wy to U.e TArone during the lost se«H^, and it .£^notjnrf^t if 4^^
a^teraUon» not attend^ with all the adnmUge- by whicV#l we .SiviLl the SSS'
we expected it would be accompamed. /» ^ ° "leMure,
Wo thuik your ExceUency for directing the public account/to be submitted to us ■ M,a
S'o^r'melu «» ourdispo«tion to provide for the necesMry Btt{>port of Her M«j4^V
We are happy to learn thM the revenue has considerably increued dviur tiMi nairt v^,
and that the receipts have been more than sufficient to meet all the demand.^ tS VreasVLl
The recommendation of an economical application of o« means we feel ia founded on^V J
enlightened view of the wanU and resoune. of this youngcouutrjl and ypur Excelk^
may be assured that it shall fee odr constant endcav'our to kecpl. „Zitu» rfSl
Province Withm its income. ' ^ ^ o»penuiiu« at tb*
The Militia Law, to a revision of whic|-^r Excellency has called our attention, ws.
framed up the convictM>n that the old .», while it wal. burtheo««e to^e «S^
was productive of no corresponding adv^ftagp^^tlie time which was devot«l to t™3
bemg insuftcient to communicate discipline or iSlit«ry|skill. Should we find. howevTr i^
Uung m the pre«»t aspect of the time., or in the eVenU which Ime occ.,;edTurm;t7;
receM, to Inquire or the adoption of more efficient enactmenU, you. Excellency ^ X
^ that, while we endeavour to husband our resource, we shall MUB£i«,Uy evince «„ anJ^
to secure the peace and strengthen the conrtitutional defence, of the P^vince ^^
At a Ume When ncighbounng coronies are only recovering from the effects of civil itoife.
It shall be our pnde to reepontf to the earnest desire and recomn^ndatioo of Hef Maies^
Oovamment by Entering upon the discharge of our public duties with that spirit of hSSiy
for which the LegishUure of this Province has loi^g Uen conspicuous, and wWb hJTZS
so conducnre to the best mIeiesU of the country. w v» ii» proven
We feel assured that it is your Excellency's anxious wish to seeWce. content aid pto».
penty prevail throughout the Province, and will labour to co^peratewith voor Exotll^
m every measure which can tend to secure and increase thoM bleMing. "*«'~IP7
No. 33.
Sir C. Campbell
t(i Lord Glenelr,
»l March 1838.
|(No. 10.)
— No. 33. —
CoPYof a DESPATCH from Major-General Sir CoKn CadpieU, «. c. b to
! Lord Glenelg. "*
My Lord, Government House, Halifax, 21 March 1838.
1 ^^,^Z* ^^ honour to transmit to your Lordship the joint Address of the
LcRulatire Council and House of Assembly of this Province to The Queen, con-
2-- "V^r "u"" ^"J^l'y °". ^''^ *^*°"^ °f "" ^^ ™08t gracious Mluesty
Ic'"§n)^ *^^i v"""^' '^^ congratulating Her Majesty on her accesri^n to
the -^rone ; and I have to request that ytmr Lordship wiH be pleased to present
Her Majesty this dutifid and loyal Address. '
I have, Sec.
(signed) C. CompdW/.
■(■^^iiu^1»i^mlatai^
f
«J
$ OF LOWER CANADA, 8u.
flU
^K
/ Enclosure in No. 33. ^
! '
To Uic/Qubrn'r Most Excellent Majeity.
May it pleue your Majesty,
"V
WK.yiiur Majeity't dutiful and loyal (ubjectn, the J^gislative< Council and Houie of
Assrmbly of|Nuva Scotia, in ijfrovincial I*urliament assembled, fasten to avail ounelve* of
t^Wlh-iit opportunity afibrded Us of presenting ti your Miijestyvthis ourhumble adjireu.'
We condole witli your Majesty on the severe and painful loss your Majesty and the
cinpire have sustained since' our lost session, in the demise of our late most graciona
King William tlie Fourib, remembering wiih pleasure the kind feelings which our lat«
lamented Sovereign, from hi* residence amongst us, ever entertained for this portion of hia
dominions. '
We have great salisfactiort in oflering to your Majesty our united con^tnlations on
your happy acceaaioii tu ihc'Tbrune of tne Britisth empire, and we recall to your recollec-
tion, with equal pleasure, ibat your Majesty's lute father, his Koyal Higboesa the Duke of
Kent, also spent some portfon of his life in Nova Scotia, of which he waa ever the patron
andt friend.
Regarding with abhoren^ tlie unnatoral rebellion of our misguided fellow-tubjecta in
the Canadaa againat a mild and protecting Oovemment, we can assure youi'r Majcaty that
in (tapart of your extensive dominions have you a more devoted or loyal population than
^ 10 your province of Nova Scotia ( and that a benign Providence may eveT guard and
protect your Majeaty, ahall be the earnest prayer of yonr Mi^eaty's dutiful and tojAl
•objects, the Council and Assembly of Nova Scotia.
^ (signed) Sim. B. Robie, President of Legiidalive Cotincil.
Cooncil Chamber, 3 February 1838.
. (signed) S. G. W. Archibald, Speaker of the Asgemblr.
Honae of Assembly, 3 Pebroary 1838. " „
NOVA scot
N6, 33.
Sir C. Csmpbell
to Lord Gleoelg,
at March 1831.
EncL in No. 33.
\
•^A
•:^ ^ — No. 34. —
(No. .4.) f \
, Copy of a DESPATCH from Major-General Sir Colin Cwkpbell, k. c. b., to
I Lord Glenelg.
I
My Lord, Government House, Halifax, 26 March 1838. ^
I kAVB the honour to transmit to your Lordship a resolutt((h which has just
been imwented to me by the House of Assembly, authorizing pie, in the event of
hostilitica, to advance from the provincial chest 10,000/. for the purchase of
mnoM and aaununition, and for organizing and diadpliiiing the militia.
j ' • I have, &c.
(signed) C. Campbell, -i
' No. 34.
Sir C. Campbell
to UtrdGIenete,
. <6 Slsrclf |83».
Eadosure in No. 34.
r
In the Uouae of Assembly, 34 March 1838.
Resolved nDanimbuslv, as the opinion of this Honse, That his Excellency tlie Lieutenant- End. in No. 34.
Governor be authorized by and with the advice of the Executive Council, on any declara-
tion of war by the Qovernmant of the mother countrv against the Uniteid States, or any
odier^'fereign power, or by any such powers against ner, or upon any hostile invasMo of
the Province, to fdvance from the provinciu chest during the recesa of the Oeaeral
Asaembly, a sum n6t exceeding 10,000 /., to be expended in the purchase of anus, amma-
nition, and accvnt^menis, ana organizing and disciplining the militia.
Raaolved, That a committee be appoiot«l to wait upon hi« Excellency, and commnnicale
to him the foregoiitg raaolutioaa.
(Mtercd,TlMt Mr. Howe. Mr. FMrbank, Mr. Morton, Mtw^^ipnas, and Mr. Gondge,
h« a ctmasittM fot the above parpose. ' >,, .
(signed) J. W. NOdt*. Clark.
\
^
357
p t
%
...%
a'« ^AxorrespJJndence relative t9 the
N IS W BRUNSWICK.
NEW
BRUNSWICK.
^0J3. .
Sir J. Hirvfy
t« Lord (ilenelf.
■ 7Dfccaibi'r 1837.
-- No, 36. —
I DO ndt Know that ) can more hrioflv or^n^ fi.llv .
tho actual «t«U. of affain, a.„| af pnlZVjZ^iXV'^ ^'''*'"P "f
however, are. thkt the chick rivS to X VpiIi ' "^ *■»??. "P^ "npre«ion.
WctheraU'B Bucc6«al St. i& an, tI.?co.^P^ '?•"'* ^^ Lieutenant-colone
given to the well-afFected in 5£ l"! fcewfir t"^ encouragement thereby
in number sufficient to ^nSeSiSTrf any m^t" ^ "'•? '»-"•»« ^rwai
rounding provinces; from this I cannlT^uTlI^r S" 1'''^^ '^~'" "'•' ""'-
It would be afforded with enthusiasm ^ J*'"*^ " Go^«n"n««t that
of L?-^™TdK''a:5"7t£Cn^''*'"P,"\''^? »f •'"' ♦-« -d spirit
ami answered by m'e ^" ""^"" '" ^'''^^ '^^Y ''»ve been recefvS
Ffedericton, 18 December 1837.
(signed)
J. If.
Enclosure l„ in No. 35.
;^0 / "°»eif"'n«'t Ilouie, Fredericton,
Ens/, 1, in No. 1? .i "*"•*''* ""'•'iw^t'on of WquaintinB vour Pitr«ii»n.A .1 •« December 1837.
Booth) being tb.s d.y .t the entmnce of theTlmJ^L^^P??^ i«J.'*r„'''''"'-<=»'°''el
dmgion», and will have paued Fredericton on wIT^?! ^^ ' t^^ "*"* '°"°«'* by grand
menti, accompanied byUhree S of Sht oSn., t^ "fxt, the 20th. These two reri-
coho™ whichTh..e caused tl ^ m„„SS on "feS L Th '^"r"!^ f'"°"«''« -"d »
obstacle which may be ojiposed to the «d™n^ of tE .'J^ ^f "^'"^i of overcoming any
n^ht bank of the St. LawVeh^ without incrr^ne thf l^S'hi^lh''"'^ t '^'^ ^"'^» «>" 'h^
0? s„^h pcition. by infancy .Jone, -y"C^^S:.S".:t'ch'"ffeeiriT;i
B.!h;^;„"{7rEa?yt^^^^^^^^ "aSrasthL?;" -'^'r.'°/°'*<"'^-« ^-^ -^
on the 28th instant for the purnole of offJri^ f* !k f »"n»n>oned the Legislatik* to i~et
to the Rova) authonty, Bonfe"r?4o°„Vthf meX'rr^''?rr''-*^'" ^Vd«S
_ , one and tU att«:hment to the other, I do nore^tei^rrdlK^;^ 'y.'»P«'hie7^ith the
the reprewntatives of this truly loyal ieopfe. to ^b^i «^/l ^ ."' ^"'K ""PoWered by
vince, such numbers of the militia ofK n e"">otiy and lead to the ne ghbouriia vrZ
authorities of Lower Cam^da miy '^1. ^bt Y:, tht i:it''f'"'''y »"'» ^^ «^
■ t" ft!!""" 1°^ S"'"^' '««' thereby rendenng the whole of S,i^ °f •""•ting in forming
or of being elsewhere employed in maintain^ Her Maieatv'.^VK '*."'' *J°°P» 'l»po«able,
controlhng «„y ^tlon,at rebelUous mov^nto in tHlT^ "'^^ > «=h«klnr«ad
to this Province ; in a word, i„ any mann«1rt wh?ch thjE! "f '^"'w Caaada adjoining
^ndered n«ri\,| to the Royal cau«,, ^I ^ 5™„J i^I T"T •?^."'y <»*» ^^S
Province to a man. ' ^P*"" "P™* "»« 'oyalty of the people ofthi.
His Excellency , ^ J ''"'*' *«•
LicuL-genemI Sir John Colbome, K.c.B. ^*^ ' ''• -^""-y. Major-gwieial,
"eut.^vernor.
Y-^4fei
AFFAIRS OF LO^
CANADA, Jfc.
«I7
NEW" ~~^--~^
•>— '• , . ^ BRUNSWICK.
Eiiclosuro 2, in No. 35.. \a
M
|T|I foHowinff Annneafi, Hit;iw>il by the Chief .lunticn und a l«r(j«s number of the principal ,,. , \r
InhabiUnti of St. Jukn, wu« |)rcHuMte<l (u tho Lii-tttenuiil-govcrnor on 'I'ucitdiiy luit : ^^ . ^.j (,|J|),T|„
I ' fi I I 17 Uccfmber l»37.
k Hil< Excellvncy Major-ccneral Sir John llarrey. Knight 'Couiniandcr of the Roynl _— .
T|]inoreriun,liuelphic OrcliT, and Compunion of the Miwt ll&noiiruhle Military Order of End. «, id No. 35.
Like Bath, Licutonant-guvcnior and Coininanijcr-iii-Chivf in ai\d over fhe Province of New
I BniMwick,Bcc. &c. &i'. „ f
„ ^- -■ , ^
May it pleau Your Kxcellency, - ^'
W(, the niagiittrateii arid the principal inhabitantH of the city mid bounty of 8t. John, in
t province of New nruiinwitk, (jeciii it our iiiili»|MMisable duty, nt^'U tiniv like the present,
(ben the standard of sedition and rebellion in o|)eiily niiHcd in Lower Canada, and when
K valuable lives of Her Majesty's loynl subject!) have been wantonly destroyed while
ideavuunng to' arrest some o( the treasonable uiithors, to express to your Excellency the
(h value we pl^e oA tho inestimable privilege we enjoy os Bntish subjects, and which
tare satisfied, pervades all classes of Her Majesty's subjects in this colony. '
I Convino'd that the great body of insurgents in l.()wcr Canada arc deluded by a few
_ous and designing men, wlio uiin ut notliing less than the disniemliermeut of that fair
lion of Her Majesty's dominions from the British empire, and who huv« contrived to
aintain an uncontrolled sway over a part of the ignornnt peasantPf,' we know not how to
tommunicate the great indignation we feel at the instigators and abettors of these treasonable
oceedingB, and earnestly ho|)c that tho cnnstitute^l authorities of the country will be
ablcd to bring imniediatt^ly into active service sucH a force as will put down the rebellion,
~ by a prompt, firfn, and energetic punisluncat ofHhe ringleaders, reitore public
nnquillity. ' •
We offer to your F.xcellency our services in nnj way that they may b^cqiiired in this
ving emergency. Composed, as we are, of the d<*cendniits of men wmr^lli^l this colony
la 1783, under circumstances which can never be Iprgotten, and of loyal and constitutional
Inbjects whu have adopted it 'since that (K-riod, \Ac need not assure yonr I'Acellcncy that
lliew Brunswick glories in her loyalty to her Queen,%nd devotion to the British constitution,
IukI that we are heartily ready and willing at all times to have these sacred feelings and
liiitciples put to the test, whenever the public goo«Vrc()uire3 it.
To which his Excellency was pleased to^makc the following reply :
' <i
I
Gentlemen,
I acknowledge with feelings of pride and pleasure, your truly loyal and patriotic addrtfu',''
IProceeding from such a community, and bearing the signatures of all that i« most respect-
lible in that loyal 'city, i .feel that I may justly consider this address as an index, nothtlf^
Imuivocal, of the general feeling of the population of the Province. Taking it in connection
Inth many othera which have lately reached me, I deem myself worrantcd, not only uuhesi-
lutingly to commit the protectiorTpf the Province, and of the lives and property of He^'
I Majesty 'a subjects within it, to ifs loyal malitia ; but also (in the confident anticipation of
like lepalative sanction) to tender, through his Excellency the Oovemor-in-Chief, to Her
lllijesty's loyal subjects in Lower Canada, not the sympathies only, but the actual co-opera-
Im) of a large body of the militia of New Brunswick, in tho suppression of the insurrection
I > that Province ; and should their services be required or accepted, I trust that it is unnece*.
laiy for me to say, that 1 should glory in placing myself at the head of a volunteer foroe,
lieting under feelings and upon principles of so high and noble a character.
GoTemment House, (signtd) J. Harvey, Lieutenant-governor.
la Dec. 1837.
1
— No. 36.—
Copy of ff DESPAtCII frpm Major-Gcncral Sir John Harvey, k. c. h., to
Lord Glcndg.
Government House, Fredericton,
My Lord, I 10 January 1838.
Her£with I have ilie honour to transmit a copy of the Speech with which
I opened the session M tlie Legislature of this Province on the 29th ultimo, to-
[ gether with tlie Addrbsses of the Legislative Cpuncil and House of Assembly in
answer, with my replies. To these documents 1 have the satisfaction of adding
copies of rcsolutionsJ unanimously concurred in by both Houses, thanking Sir
Francis Head, and the gallant militia of Upper Canada, for their conduct in the
Nippressioh by them J unaided by any jportion of Her Majesty's troops, of the late
iniurrect ion m the neighbourhood ot Toronto ; to these I annex a copy of my
[irtter ttTSir F. ff; Tfead, transmitt;rigthc fcrolulioTwr^ ^ ^^^ " ■— ■■;- —
357. ^^ i The
No. 36.
Sir J. Harvey
to Lnrd Glenelg,
10 January 1838.
m
■ih'
u.\
■n
NEW
BRUNSWICK.
Sir J. Harvey
to Lord Ulenelg,
lo January 1838.
ai8
CORRBSPONDBNCB RELATIVE TO THE
The Legislature of this Province ha8 introduced a Bill, whicli ■» n„-,
through its stag,^. for placingat my disposal an adequate force of miliK;"^
teers fcr the object of g.vmg assistance, if requi'red, to the suTpirt o7 t !'
Royal autJionty in Lower Canada, where, however. Sir John ColK^vr "'"
me there is an appearance of entire tranquillity. He seems pcrfectl/aware ^^1
ever, how much the continuance of that state' of things is continSu^'^'
issue of events now passing on the frontiers of Upper Canada ^ ^^ ""^
bir John having made a further requisition for troops, I have lost n„ ♦• •
pushing forward all the Queen's trooft in this I>rovince, coiSinitf « "' '"
of Royal artillery (Major Pringle'rV *''« ^^ flank'com^nS (eo;;n?i
150 men) of the 34th regiment. ThcVmainder of that r^ment ^SFS
as soon as It arrives from Halifax, at wh>d. place, I am infomed L Sir C Z
Campbel, it was to embark, togeUier with a wing of the 65th relim .V
Monday last, on board H. M. ship Com wallis. for St. John's" and £2' "H
has been avourable, I think it nXble that they are by this tCarrivS "*''
I feel all the importance of the Lieutenant-general commanding in Can«H,i
bemg enabled to tUw at least two regiment8.%ith a strong force^of artE '
mto the Upper Prov nee. as I understand to be his ExcellLcy's intentbn H
ahall therefore forward the 34th by forced marches. ^ "wntion. I
I am happy to be enabled to report the arrival at Quebec of the 43d and 85tl,
regiments, with their two 12.pounder carronades, not only without iny u^towiJ
SlSe^'mtrer ''"^ '"'^-P*^-- ''-»g«--' of the ari„get:;|
I have, &c.
(signed) John Harvey, Lieut-governor,
Eocl. I. in No. 36.
tU ,
Enclosure 1, ip No. 36.
Fredericton, New Brunswick. Legislative Council Chamber
Fnday, 89 December 1837. ' ,
in iT^'il"!' r "^'';«L°'«=»««>' precisely, his Excellency the Lieutenant-governor prweedM
W^%Z^ 7""^ Chamber, and bemg seated on the throne, the GcnflemanUsC^h.
B ack Rod was directed to command the attendance of the House of AssembTv ifc^H
w£^2r* "^^^'-e'y. «nd presented the Honourable Charl^ S^ondJS fclfete
who having been approved, lii. Excellency was plea«>d to deliver the following K:-
Mr. President and Honourable Gentlemen of the Lcgislitiw Council.
Mr. Speaker and Gentlemen of Uie House of Assembly,
The lou which the nation haa sustained in the death of his late Majestv William th.
Fourth, of revered rt.emory.h.s been followed by an exhibition of nationSVSiromThS
every loyal subject m our wKfely^,t«nded colonial empire wiiHot feU^SbT^S 1
lation and satisfactHM. I refer to that unequivoad muifestatioa of dwMMtLlm«,«^
ine moat aMent lovalty from every part of the mother country upon the occasion of tho
accession of Her Mijenty Queen Victoria to the Throne of thesZrXs. iCZ^nlusi
■auc loyalty found an echo m the breasU of the inhabitante of this Prov^ Tmy m.^,
cheering persuasion ; the more especially, a. the particular object for whTch I have/ee^
h^L kV ^.'*' y°" '°?«'h«'.''t th'" early period, is to^nvite your atte°"» to^
.^M hJS ''Tk'^*'"'^ ^^ "*r«»ble ^ relillious proceedings oV a certak ^rbW
ita deluded inhabitants havtf reduced the neighbouring Province of LowiiCaaaVa Th«
country are believed to be excluded by the rigour of the climate, it appears f. be in a Zre
to M^d '^Z""'T^\u^^'^ ^ ^"'""y'' '7"' •"'•J«='« '» theTrrounding^^lo^^
Mo^rt „?^^' I ""t ^^. "'*'* "P«»«on of tfieir symoathies, but, if reouirej^ m active
Bupport of the Royal authority, and m aid of their loyal (ellow-subierts inXower Canada
DOW cont«,d,ng against the desperate eflbrts of a revolitionwy fac Jn,7or thV^pW,,^ '
ScSSSS^t J'fh" '^'•'^•"'•' f *»•? "^^^J^M, ble..7g. of Britid. comixion. Th
^J^^T ^a*^ your own loyalty and wisdom will W devise; for iiyaelf I will
^!u1{,I^ '"'' .nd.vjduaf service., in the furtl«!nu»ce of «.ch an object, shall iTafforfed
idSJi«S^„Tf ^f ^^T^ 'V 1 ' '^?"""'' ."»^:>"' "*•=«•'•'"' "^■'i" <■«>"» expAissing my high
Maiei
'I.vTi'm,^'J""f''?f '" f P"""'" »"PJ"^'«''"n "jy tl»em. unaided by any (^.rtioirof 'Hw
^sty 8 trouus of t he rev olunonary outbreak which was attwn tpd '
lajesty
perwnif in ihar1*iov«nCT.
Mr.
AFFAIRS OP LOWER CANADA, *c.
319
Mr. Speaker and Gentlemen of the House of Assembly,
The treasurer's accounts, and all other documents which may be necessary Tor your infor-
■ation in regard to the finance tff the Province, shall be laid before you with all practicable
^pedition, and I rely with eptire confidence upon your accustomed zeal and liberality to
pwnde for the ordinary services, and for all the other object! of public utility which may be
ieaosd to require the bounty of the Legislature.
Mr. President and Honourable Gentlemen of the Legislative Oiuncil,
Mr. Speaker and Gentlemen of the House of Assembly,
Several important despatches connected with the recent arrangements of the provincial
I ittenues will be made the subject of separate messages ; in the meantime it is my pleasing
I Mj to declare to you, that the same sentiments of lively solicitude to promote the interests
I i5l happiness of the people of this Province which pervaded every act by which his late
I Mi^esty was known and endeared to them, will be found to influence our present most
leiotts Sovereign.
NfeW
BRUNSWICK.
NZse.
Sir J. Harvty
ti> Lord Glenelg,
10 January 1838.
End. 1, in No. 36.
Enclosure 2, in No. 86.
To his Excelleticy Major-general Sir John Ilarvev, Knight Commander of the Royal
' Hanoverian Guelphic Order, and Companion of the Most Honourable Mditary Order of
the Bath, Lieutenant-gotfcmor and Commander-in-chief of the Province of New Bruns-
wick, 8ic. &c. Jic. .^
The humble Addreai ef H«r Majerty's Legislative Council in General Awembly.
' May it please your Excellency, ,
We, Her Majesty'^ dutiful and loyal gubjects, the Legislative Council in General Assembly, End. 12, in No. 36.
Rtaom out thanks w yoOr Excellency's speech at the opening of the present session.
Deeply impressed with those feelings which pervade the breast of every loyal subject of
the British &npire, while we deplore the loss which the nation has sustained by the death
of his late Majesty King William the Fourth, of revered memory, we at the same time
derive consolation and satisfiiction from observing those unequivocal manifestations 6f deep-
rooted veneration for its ancient monarchical institutions which simultaneously burst forth
in expressions of devoted loyalty in every part of the mother country upon the accession of
Her Majesty Queen.Victoria to the Throne of her ancestors.
We sincerely regret the lamentable state to which the neighbouring Province oi Lower,
Canada has been reduced by the treasonable and rebellious proceedings of a portion of iti
deluded inhabitants; and we feel assured that Her Majesty's loyal subjecU in the surround-
ing colonies, who have already so generally and Bpontaneously expressed their sympathies,
will cheerfully stand forward in aid of the Royal authority, and also, if circumstances require,
in active support of their loyal fellow-sabjecU now contending against the desperate ett'orta
of a revolutionary faction, for the preservation, to themselves and their descendants, of the
inestimable blessings of British connexion. For ourselves, we assure your Excellency that
we shall most readHy and heartily concur in any measures which may be deemed most
expedient for the accomplishment of these objecU.
We highly appreciate the iiHjjprtance of your Encellency s personal services so zealously
offered in furtherance of those purposes, more especially as your ExceUency has already
been distinguished oil a former memorable occasion in the history of the Canadas.
We cordially participate in the adhuration expressed by your Excellency of the loyaKy
and gallantry of the militia of Upper Canada ; and we view the prompt suppression, by their
nnaided efforts, of the late disturbances in that colony, as an unequivocal proof of the
unchanged determination of iU inhabitants to maintam and perpetuate their connexion with
the moUier country. _i j » v
We thank your Excellency for tlw MmmuM* thrt several important dawmtcljef, con-
nected vrith the recent arrangements of the provincial revenues, shall be laid before us by
We receive with emotions of profonnd gratitode youf Excellency's declaratioa, that the
Hme lively solicitude to promote the intorert and happinen of the people of Uus Piovmea.
which pervaded every act by which King WillisM the Foar th was k now •m eodearad t«
than, will be found to inAuenca our present moat gndoua Sovcraig*. _
To which his Eicellency was pleased to make the following reply :—
Mr. President and Honourable Gentlemen, t - 1 u i-
The sentimenU so forcibly expressed in this Address, in full accordance, as I finnly believe
them to be, not only with those of the other branch of the Legislature, but of the whole
population of this Province, cannot foil to convey to our Gracious Queen the gratifying con-
viclion, that in no other portion of Her Majesty's widely-extended dominions ore ft^hngs ot
loyalty to the Throne, ond firm attachment to the parent State, more-wdently cherished thon
in New Brunswick. . ■ , •« i«_ -j » . j
As lier Msjesty's representative in this Province, I thank you, Mr. President and
JBgnpurnble Oentlemfn, f"r this loyM and dutiful address.
Government House, 3 January 1838.
357. ► * ■•
(signed) J. Harvey, Lieut.-governor.
!fl
NEW
BRUNSWICK.
Sir J. Harvey
to lord Glenel^,
loJaooBiyiSsB,
End. 3, in No 36.
»0 CORRESPONQENCE RELATIVE TO THE
Enclosures, in No. 36.
The hunible Address of the House of Assembly.
May it please your Excellency,
r -b ui me present!
ofourlate beloved Sove^^.TvS'Jll^'i : 'h.^^^Hyd "r'''' ""^ '^'"-Ku:
the^occ.,on of tbe acce.s.ou of Her Majesty Qu^^n Vr..";;^^^;^^^^^
redSX^iXtn^Sv^e^'TteSaJ:'"^^^^
pathyforourloyalfellow-8ubiec",,7thatProv^T '.K^^''*^' ^"'''» "« 'h=" frateraa m?!'' '
notrest sat.sfi J. but Shan e^rceuY/l^re";.;^^^^^^^^^^^
those who are now coi.tendinir against the desTnf.?i!r , r °^'^^ authority, andina,d„-l
preservation, to themselves and E des^eSu ,n °'^'' .'Y°''"'""''7 'Action, ?oMhi
J^mgs of British connexion ; and Xtg7te^^^^^^
degree cut off at this season of the vnnr h„ ,il . "V . ""o'her country may be in .„„
whS:^i7blrre"„t;rorr^ite^^^
pst conduct m your country's seXar^ns a n^srL f '■''''*= ■""* y°"^ Excel en.tt
energy by which your Exceflency has been here JoTrh "'•'f''""^ Ruamntee that all the
ifreqmred.in that manner whicjl wi iTb^t cScul«^T?^"'"* '"" ^ ''='"li'v dir^ct^
Crown, and the security of the counUy 'Calculated to promote the interests ofX'
Id:KSl';^rS t^fal?^!-^?'^ which the-^ia of Upper
■cercly hope
's troops, of
persons in
the repetition of
Canada haveVen so memomlT ruXXd J"''^ "^''^ '^
that the prompt suppression by tl^ tS VaT l^S^^^^^^^ ^ipe
the revolutionary outbreak, which was atfpmn»„-i 1 ^ P°"'on of Her Majesty's trwns nf
that P«.vince. w^ll have a most tnTci: ^e'ce fnTtu;?.;!'"" "'"' '''^"'''' •---
.uch violent outrages on the peace and good oZ- of «o^LtT P^eventinr -
w , "" &"^^ "lucr OF society. ^ ' "*
JuV:Z\n^:rl!:ri::::''C^^^^^^ accounts, and al, „ther
vince. shall be laid b/fore us and ^vE ho^^ TTT'" T^^u'" "" «"«"- »'" ^ S
hberal provision which we shall make (br'Lor,Ti„L^ "'''''"' '^"7 * confidence by the
public utility which may require Clat^vet^mur^ ^""•'''' ""•* '^^ «" "^her objeJu „f
Jz youijrff L7y tt' :ri'hrrr'"^"*""r '-- "- ^-j-y^ «ovem.
express our higlfgrakcation witlf the pLmSiiS^^^^
jenumenu of liveFy solicitude for the pms^nty of ha Pr„v,„r"'K "■?'"'"'=>'' "'«'•'* same
his late Majesty, will be found to influ'^nci ourVr^sL'^ i^';S^eiirteg'„^ '^"'-■'^ -' •"•
To which his Excellency was pleased to make the following reply .-
Mr. Speaker and Gentlemen,
leatterLl *" dErce?tTe'aVH%;';.S;t 'eT' ""'' '"''"^ """-^ '^^^"
manner m whrch you have t«,n„„d«l ♦« ♦»." L!^!? ".f .7 '° "pfe«B my sense of the nohl.
mwinerin which>„hrvr.«rm^ndedrt^^^^^ '""F**^ -"y ««»«
in that Province.
Oovemmeiit House, 8 January 1838.
(signed)
express my sense of the noble
make to yon in
Royal authority
J. Harwi), Lieut.-Govemor.
■^wH"
•
AFFAIRS OF LOWER CANADA, &c.
Enclusurc 4, in No. 36.
Ml
House of AsAcmbly, Friday, 6 January 1838.
Resolved unanimously, That the thanks of this Province are due, and should be presented
to Sir Francis Bond Head, and the gallant militia of Upper Canada, fur their able, prompt,
and energetic suppression of the insurrection which lately took place in the neighbourhood
of Toronto. End.
Resolved unanimously, That the conduct of our fellow-subjects in Upper Canada, on this
fneniurable occasion, so fully in accordance with their former high B"|)irit and character,
affords a glorious example to the sister colonies, and cannot fail to quicken the zeal and
animate the exertions of every loyal heart in these colonics, in support aud defence of the
liberties they enjoy under Bntisli laws and institutions.
Resolved unanimously. That our fellow-subjects in Upper Canada may rest assured of
the lively sympathy of the inhabitants of this Province in their loyalty and patriotic ardour,
and of our most zealous co-operution in manitaining the Royal authority, and the inestimable
advantages of our connexion with the mother country.
Resolved unanimously, That an humble address be presented to his Excellency the
Lieutenant-governor, praying that his Excellency will be pleased to transmit these ifesolu-
tions to his Excellency Sir Francis Bond Head, Lieutenant-governor of Upper Canada.
Resolved, Tha,t the Legislative Council be requested to join in these resolutions.
(signed) Charles, P. Wetmore, Clerk.
Legislative Council Chamber, Friday, 6 Jan. 1838.
Resolved unanimously, That this House doth most heartily concur in the resolutions of
the House of Assembly on the subject of the insurrection in Upper Canada.
(signed) William Tyng Peters, Clerk.
Ni:w
BRUNSWICK.
N^6.
Sir J. Harvey
to Lord Glenelg,
lO January 1 838.
4, in
No. 36.
Enclosure 5, in No. 30.
Government House, Fredericton, New Brunswick,
Sir, U January 1U38.
With the highest satisfactiAi I comply with Uie wishes ol the i.«gislative Council and End. 5, in No. 36.
House of Assembly of this Province, by transmitting to your Excellency resolutions jointly
concurred in by those bodies, tendering to your Excellency, and to the gallant militia of
Upper Canada, the unanimous thanks of the Legislature and of tlie people of New Brunswick,
for the able, prompt, and energetic suppression by them, and by your Excellency, unaided
by uy portion of Her Majesty's troops, of the late insurrection in the neighbourhood of
loronto.
In doing this, I beg to add the expression of my wannest concurrence in the sentiments
embodied in these resolutions, with the assurance that, while we feel tlie most entire con-
fidence in the ability of Her Majesty's loyal subjects of Upper Canada, under your Excel-
iency's guidatice, to put down rebellion wherever it may show itself, yet we cannot but
regret that our remote position with respect to that Province prevents our offering our more
Mtive co-operation.
I have, &c.
His Excellency Sir F. B. Head, Bart. (sigued) y. i/arvey, Miijor-gcnerai,
Lieut.-govemor, Upper Canada. LieuU-governor.
— No. 37.—
Extract of a DESPATCH from Major-General Sir John Harvey, k. c. h.,
to Lord GUtulff, datai GoTernment House, Fredericton, 2 February 1838.
HsKRWiTH I have the honour and the Batisfoction of trnnsmitting to your
Lordship copy of an Act, to which my assent was given on the 2'id ultimo, by
which I am empowered to call out and embody 1 ,200 militia volunteers, to be
employed in any part of Her Majesty's possessions in British North America,
where their services may be required in support of the Royal authority, and fur
the muntenadce of British connexion.
The favourable character of the recent accounts from the Cana Ins encou-
rages the hope that the serviced of this volunteer force may not ha require*! ;
bat your Lordship, the Queen's Govcniment, and Her gracious Majesty, will not
he die less gr atifi ed hy the promptness with which tlie LojQslature of New
'Brunswick bos re8|K)nded to tne appeal which I felt it my duty to miJte to it,~
357. <i « niid
No. 37.
Sir J. Harvey
to Lord tilenelg,
) February 1838.
i
I
NEW
BRUNSWICK.
No. 37.
Sir J. Harvey
to Lord Oienele.
9 February 1838.
332
CORRESPONDENCE RELATIVE TO THE
and by the tridy byal spint which has been evinced by the entire oonulnf i. -,
the Province, during the course of the recent events in Sr^An^K °^
I feel It to be an act of justice, which I have the trre i ,..t T.l,. • c *'"*^
towanis the people of the nn^l.bourinV Su '" f^Ma , . '^T r"'?.'"'^""""'"'
single act of border inr.nrT^. encro^-hn;;;;! . "ck ^n^' wHi T :T
advantage of the circumstances in whi.-h this ^nd the neSboun^nrS ^" ''K«
Lower Canada were placed by the outbreak in the Ster Since r''"^ "^
comnutted, to my knowledge, by any dti««, „f the sS of E^orl ''"
other citizens of the United States, up(Ke frontiers of thS State ^ ''"^
End. in No. 37.
Enclosure in No. 37. '
inander-in-Chi^f for the lime be n^ tn „r,^in « ^ 'he L,eatenant-go»,rnor or Com-
for the support of the Outn^i f? "'^""'^^ ""« "' ■"ore battalions of provincial troop,
garrison oZuXt\ i^thU Prt.w"""' '" ""* '^''"'''"*' ""' ''' ">* I-''~ce "Tf
/ - that li'SSrs.j 'ffci^r i:::r • 'in^-^ ^""-" -^-Asse-nbiy.
mander-in-Chief of this Provfnce for ^.p i ,« '• k^ f ''!»"t*"''"t-«<'virnor or Co,„-
to enrol aod'"'J,.'„ife ," 'Jch mZ" ' : "" ., '^I'T'^ authorized and e.np^CI
being may seem niee and 0^0^ frnm ,L 1 Coramander-in-Chi,ef for the lime
whole 1,200 r„nk and Hie ^ bereinafter mentioned, not exceeding i„ the
or t;S5 S^,!r mai',;!Sr>: f'tt'-^tlrs "-^ tv- ^'^*^""-' ••- -•
name with and putune himseh Mmipr\'..„ . ^ 'r ""^ f""" o' « '• » « '• on enrc.ll,„.r h's
for that purpose a Z„ j hJ h» « ''e i-omniand of such person or persons as may be
residue o? fu'Xr^r^r ^'^,:';;,:i^ri:x rb'''''''r' /"^ "•* "'"^ "^'"s- -d ''«
of the eom.nand.nc officer that the ennl^. r . "l"""'' '" "f''^''' '" ""= «">'«cii„„
and that, on receipt of the first s.m „T , "■^'"'«""'' n^'cessanes have been provided ;
be thenceforth sublc , „|, .h' ,r ' •'"^" "'^■"' ,"« "foresaid, each and every .na„ shal
iiamenl.made ....d -P^ldin he Lven h ^.."r'' ^if "'■"!""" "'!"'"; Act of ,he Imperial I'a "
■ Ibe Fourih, .i„„ured '" Vn Ac! Tor I.Sl"^^^^^^^^^
payment of the Armv an.l thei nuartlr " an^ nf I,'! "",'' 1^""""". «"«' <or the belter
,^overnme,.t of Her M,.j.,,v's for"" foLndA 1.,^ 1 " "'"' "/'"=''-"* ^"' "•« ''^""
Teciled Act. •' " ' '""'"'c'l "l«"i and m accordance \vivJ. the above-
.ur=i;t;?r„r:£\t l/anVi^7.r^7TT^''V.' ''' n' °"'°^"'^ ^'■ovinceTrea-
and w.lh ihe advice and consent of the fL ■ t'"«"«"'=y the Lieutenanl^overnor, by
be granted out of the Proving fund^.owarl .Ik """' = ^".1'''^'' ^'"" "» f-ther 'suti
templated to volunteer and to be .nrollThv. .1 ''"'"?"" ?^'^' °"*^«'» ""i^ »'« «>■>-
hereinbefore staled. *^ *^ ''' "'" P™*'"""* of ihis Act, ihai> tlie bounties
corV^"r^'^l7"«t^t"c„'renTet'nrt£eor^^^^ '."" -S-'-t^- -f tii'e said
corps or any part tliereo ma^^maS^^ o. " """^ '"' "'°"8'** P"»P^'' "'« "id
B,iu.h North America™ colonTe. ' " °"~*'°" """y '''I"''*' *<» ""X P"^' of the
co?p.tl^„.J tTonddSS^rtilSvint '"'"'''' ""T"'' '- -"" "•• '(---Id
r.ise.1, .nd it .houM be hoX .d' .abk^rm theU". ""* 'r*."'^. '="'P.' •'^'' ■«>' 1^
out any portipn of the militia for^rf.nn H^.T '^•'..•^*«''<^« »' «be Queen's troops, to call
manderJlT-Chief for U,e t me be^nf,"-^^ >t aball and may be lawful for the Com-
«• he may deem oecesLrv for t f^r^rf , """r P""'"" "^ ''"' ">"'"• "*' 'bis Province, '
this Pror^nce.TheTmTt^bed^^tertri! °^ «'""*"• "V"''"' military duty within
by tl,. 30th «'clion o7fhe afoiesaid AcM,Mh^h^r"^'"« '" '^' ."""'* preftribe.l in and
that Ihe number of t^litn, to be caMed o» L !.' "i 'V,', """^ndment : provided alw.y*.
6. And be it enacTed that whenever ^L Ar"""^ '^f ""' "?""* 30« rank and d.
dient to order.a d«f hV ba |o ar«f -l -^ Commander-in-Chief shall. thmk it e.vpe-
m-y be accepted,^," be^into accented sh.fl' T "L'"'. *''? """" 'bemselve. f.r .erv'i.e
i««on. a. tJngh .heytdVeeifraS byUitt ''"' '" *'" """^ P''"'"'"" ""^ '-S-
Uiei:a„5v;v„7er'stiVotfo^or''."°rr™''r"^'' °«-"- '«™""""-. «'-.
their
1
AFFAIRS OF LOWER CANADA, &c.
223
their discliarge they shall he allosved respectively a number of days' pay to defray their
expenses to their usual place of/residence within the Province, at the rate of 15 miles per
i.dav, togeilier with' aij additionil bounty to each man of tlie non-commissioned officers,
drummers, fifers, buglers, and p/ivales, who shall have served faithfully during their terra of
service, of 2/. 10s., ^hich pay and bounty for the said last-mentioned corps, so to be
called out as last aforesaid, shall be paid out of the Province Treasury, by warrant under
• the hand and^eal of his Excellency the Lieutenant-governor or Commander-in-Chief for
the time being, by and with the advice and consent of ihe Executive Council.
8. And be It enacted, that this Act shall continue and be in full force and effect for
the space tof two years, from and afteyhe passing tliereof, and if the said Comniander-in-
Chiet shall think proper to discharge the said corps, oreilher of t^em, before the expiration
of tlic said term of two years, it shall and may be lawful for hiin so to do by general order
to that effect: provided always, that the said first-menlioned corps be not discharged
without the limits of this Province.
9. And be it enacted, that this Act may be- altered or ^mended by any Act or Acts to be
passed in tbisSession of the Legislature.
— No.r38.—
, (No. 7.)
Copy of a DESPATCH from Major-General Sir JejAn Harvey, k. c.h.
Lord Glenelg. ■ i
to
NEW
BRUNSWICK.
No. 37.
Sir J. Harvey
to L>ord Glenelg,
1 February 1838.
EikI. in No. 37.
' Government House, Fredericton,
My Lord, ' 6 February 1838.
I HAVE thfi honour here\vith to transmit a joint Address from the Legislative
Council and House of Assembly of this Prodnce to our Gracious Sovereigil,
offering to Her Majesty the homage of their congratulations upon her accession
to the Throne, and the expression of their condolence with Her Majesty upon
the lamented death of His Majesty WiUiam the Fourth.
In laying this dutiful and loyal Address at the foot of the Throne, I pray your
Lordship to assure our Gracious Queen, that in no part of Her Majesty's exten-
sive dominions does there exist a people more truly loyal to Her Majesty, and
more firmly attached to British connexion, than are the people of New
Brunswick.
I have, &c.
Jdhn Harvey, Lieut.-govemor.
Enclosure in No. 38.
Nc.38.
Sir J. Harvey
to Lord Glenelg,
6 Fcbruap- 1838.
To the Queen's Most Excellent Majesty.
t
The humble and dutiful Address of the Legislative Council and House of Assembly of the
Province of New Brunswick, in General Assembly.
May it please Your Majesty,
We deeply participate with your Majesty in the severe affliction which your Majesty End. in No. 38.
has suffered by the lamented death of your Majesty's beloved uncle, our late Sovereign of
revered and glorious memorv. ■ j 1
We assure your Majestyi that we shall ever remember with affection and gratitud* the
liberal and enlightened policy with regard to the people of this Province, which so pecu-
liarly characterised the reign of his late Majesty King William the Fourth.
In presenting to your Majesty our humble and heartlelt congratulations on your Ma-
I lively
ine Provi-
Provincet which so conspicuously distinguished your Royal predecessor.
We ofiar^jur fervent aspirations, that, under the favour and guidance of Div
depce, ydltt Majesty may long continue to reign in the hearts and affections of all your
subjects, urougnout yoiir Majesty's widely extended dominions.
(signed) Ward Chipmaii, Pt'. Leg. Council.
3* Charks Simondt, Speaker of the Assembly.
,<».i ■ '. ' ' -—=-- .
367-
H H
tiltUNSWICI^.
No. _J9
Sir .1. Harve
nIo Lord Olenelg,
X 9 March i%8.
\ ,/
COIlIlESPONa^NCE RELATIVE TO THE
■ -i- No. 39. —
of a DESPATCH from Major-CJeneral Sir John Harvcj/, k.c.u
Lord Gicnelg. '
to
. „ , . Govt^nineat House, Fredericktoii, New BruuswiVk
Wy-Lo"^; ' » March 1838." ' - '
An unexpected opportunity liaving nreseali;d itself, 1 avail myself of it for die
purpose of transmitting to jiour Lordsliip copy of the speech witJi wlricll I sinJJ
close the session of the Legislature oflhis Province at one o'clock this day ; and
I t)e<r leave, in iin especial manner, to invite ypur Lordship^s attention to the
Joint Address noticed by iJie in tliu concluding paragraph of the speech, i)re«entcd
to lue after my speech wa{yritten, and, in fact, within the last half hour.
If anything had been wanting to prove to our gi-acious Queen, to Her Majesty's
(iovcrpinent, to tiieir loyal fellow-subjects of these cojojiies, and to the vvliole
world, the ardent sjHrit of loyalty and of British feeling by which the iiihu-
l.ifaiits of New Hruhswick are animated, this Address would have afforded tliat
|)ioof; and I cannot doubt that your Lordship will derive a high <le«rrec jif
satisfaction in laying at Her Majesty's. feet this evidence of the grateful .>e(ise
which her royal subjects of New Brunswick entertain of the blessings of Britisli
connexion. 1'
With ri-spect to thp temptSr and feeling in which the legislative duties of the
session have been conducted, it might be siifficient for me to refer your Lord^liii,
to my speech on closing it ; but I will add, that every suggestion and recommend-
ation, wjiich I have deemgd it my duty t<i riiake to them; has been received in a
spint of the most eviaent desire to meet my wishes, and full effect has been
given to all the most prominenlf and important of these' suggestions, such as tlie
salary for a " Master of the Rolls," the vote for ft " Lunatic Asylum," a sum
for the purchase of Elementary School Bpoks, inciulcating sound principles and
tme loyalty, &c. &c. \
I am proud of the people over whom I liave been appointed to preside.
I have, &c.
' . (signed) John Harvcij, Lieut.-governor.
i
Enclosure f,| in No. 3a.
•• ■' i . .
LegialativeCouncil Chamber, Mnrcli g.
Encl. 1, in v„ nf. ^'^ half-pst one o'clock his Excellency the Lieutenant-frovemor came to tlie Council
•>' Chamber, and bcinc; seated on the throne, the Gentleman Uslier of the Black Jlod was sent
tocomm^d tlic attendance of the House of Assembly, when his Excellency closed the
session of tlie Legislature witli the following speech :—
" Mr.' President and Hon. Gentlemen of the Legislative Council,—
, " Mr. Speaker hnd Gentlemen of the House of Assembly, — .
" On behalf of our precious Queen, I renew to you my thanks for tlie manner in which
you respoiide<l to the appeal which I felt it my duty to make to you at the opening of the
session, and for the effectual provision which you so promptly made for the purpose of giving
support to the Hoyal authority, and aid to your loyal feUow-subjects in the sister Province,
recently the scene of revolt.* , . • ■
- -,. . ^ "My acknowledgmenU are further due to-ydAbr the attention which you h^re paid to
the general business of the gassion, as well as to those subjects which I have from time to
^ time brought under your consideration. Intimately aciiuainted as you necessarily are with
the actual condition of the Province, I do not allow myself to doubt that those questions have
been disposed of in the manner most accordant with its true interests. '
Q|i«uf(li«> fir«l a^ta of thp aesstSn wa» to natfibnw the t .leutenant-govcrnor to Tilie a liody TJf^"
™.-= «. .... 1.,.,. „,;» u, i,,r n:i,9iuii niH xu uuiiiunzr ine i.ieuienani-governor to rai»e a body <
,l,ao(rniilitia voluiitecii, for service in any part of British .\incrica, In «U()|)ort of Royal authority, Ac
V^,
rvei/, K.c. II., to
New Brunswick
AFFAIRS OF LOWER CANADA. &c.
'Jt'ib
NEW
IIUUNSWICK.
No. 39.
Sir J. Harvey
to Lord Gl^eig,
9 March 1838.
" I tlmnk you, in Her MiijcHty's name, for the liberality with which you have granted the
supplies for the various cxii^cncics of the public service, and more especially for having made
a suitable provision for the inifwrtant ortice of Master of the Rolls ; and I will add in my
own name, and in that of my successors in the administration of this government, for the
great attention which has been paid to the accommodation of Her >laiesty's representative,
m the thorough repairs made, and furniture added, to the Government house.
" It only remains for me to assure you, that it will be my endeavour to apply your appro- End r^ii,\i
pnations to their respective objects, with a due attention to that just economy which apiM-ars '
to, me to consist in giving the fullest eli'ect to the service in view, without unnecessarv
expense to the public. • '
" I'pon the result of your joint labours I offer you my congratulations, and, above all, I
wish to record -my at)probation of that spirit of cordiality and unanimity which has charac-
terijped all your proceedings.
. "The legislative dijftes of t% session appear to me to have been conducted in~the true
spint of that revered constitution to which the ueople of this Province have on so many
occasions shown their zealous attachment, and whicl( I am convinced it will be your care and
your determination to transmit unimpaired to your descendants.
" In releasing you from further attendance upon your legislative duties, I look forward with
siflisfactionand confidence to again meeting you in provincial Parliament at the usual perioil,
or whenever the state of public affairs may appear to me to require that you should be
convened.
• " In concludin^this address, I advert witji. feelings of proud emotion to your joint resoln-
tibn, which has just been presented to me, placing at my disposal the sum of 10,000/. tbl-
the purpose of enabling me to meet any emergency which may arise out of the state of
attinrs now existing Ixjtwixt the British and American Governments,! (in consequence of the
lawless and hostile proceedings of the armed banditti by which tlie frontiers of Upper and
Lower Canada are tiireatened from the United States, and for the object of preserving that
corinexion with the mother country which is so warmly cherished by the inhabitants of this
Province. -
" Gentlemen, — By England's Queen, by ihc British people, and by your loyal fellow-sub-
jects of tliese and every other colony of tliis.vast empire, will your noble conduct at this
crisis be duly appreciated. ,
" For myself, f can no otherwise repay the confidence which you have been pleased to
repose in me than by devotin<j my utmost energies to the glorious cause of preserving our
soil from violation by hostile (oreigners, and of maintaining to the loyal inhabitants of these
truly British colonics the blessings of British connexion, for which they liave so unequi-
vocally evinced their attachment and preference."
* Enclosur^ 2, in No. 39. '
Resolution placing IO,00« A *t the disposal of His Excellency.
House of Assembly, 8 March 183U.
WiiF.iiEAs the present state of the Amcridfin frontier of Upper and Lower Canada may End. 1, in No. lo
render it incumbent on the British Governnlen'f to adopt hostile measures for the security of. '
die Queen's dominions, and the preservation of the national honour :
AntVTwhereas this Province should cg«iC forward on this occasion, with such unequivocal
expressions of loyalty and zeal, as would do justice to the well-known character and spirit of
its inhabitants ; ,
Tlicreforc, resolved unanimously, that an humble address be presented to his Excellency the '
Lieutenant-governor, setting forth, that, in the event of any necessity arising from a state of
hostilities, his Excellency be authorized, by and with the advice and consent of the Executive ■ '
€ouncil, to draw from tlh- province treasury a sum not exceeding 10,000/., to meet any
emergency which the public mterests of tliis Province, or the welfare of the British colonies,
may ap|>ehr to require ; and that tRis House will make provision for the same.
And further resolved, fli^t the Legislative Council be requested to join in the addi'ess. .
/
(signed) Charles P. Wetmore, " '
Clerk to the Assembly.
; M. W. Tyng Peters,
Government Secretary to the Legislative Council.
357-
H H :2
V (
NEW
BRUNSWICK.
No. 40.
Sir J. Harvey
to Lord Glenelg,
13 March 1838.
226
CORRESPONDEJVCE RELATIVE TO THE
■^ No. 40. —
-(No. n.)
Copy of a DESPATCH from Major-General Sir John Ilarveu k r i. »
\ . Lonl Glenelg. J" , • • h., to
Government Housle, Freilericton, New BrunswipW
My Lord, 1?} March 1838. '
By desire of the House of Assembly of this Province, I have the honour to
transmit resolutions adopted by that body, in consequence of an address or
apjK-al made to it (in common with the other branches of the Legislature of the
Pro'iince), by the " Constitutional Society" of Montreal ; I also enclose conv
of the answer which was returned by me to the adch^ss of that society toirethpr
with the atl(h-ess itself. .r. 6 "•"
I have, &c.
(signed) J. IJarvetf, Depttty-Govemor.
Enclosure '1, in No. 40. " «
House of Assembly, 9 March 1838.
End. I, in No, 40. j. Resolved, TliBt this House is duly impressed with the ftjicible' appeal of Ihe-Consti-
lulional Association of the city of Montreal, in Lower Canajja, on behalf of the loyal
'' inhabitants ol British and Irish origin, resident in iljut Proviocei
2. That this House iloth most sincercely sympathize with those loyal brethren, and doth
tinfeignedly regret the unfortunate position in which they have been placed by a revolu-
tionary Freiich faction, professedly bent on the dismemberment of that valuable and
iinajM tant colony from the British empire.
; 3\TI'a' the accomplishment of such a daring and wicked design would not only \fi
\ OeslJttive of the rights and interests of the British population of that Province, but wouM
; ., , also •ntlanger tli^t strong connexion so happily existing between the other American
\ colonies and the mother country, and in the opinion of this House would be regar<k(i as
> a grievous calamity by every virtuous and enhghtened citizen of the neighbouring
\ Republic."- _ ■ "
; 4- That while this House doth freely admit that sufficient causes may have heretofore
/ existed to have justified an appeal to the Home Government, for an enlargement of the
/ consiitutional powers of the representatives of the people of that Province; yet it, dotn,
'" at ihe same time, entertain the opinion that the extravagant claims made by the Assembly!
and so pertinaciously reiterated, were such as never could have been complied with, without
giving up to the French dominant party the absolute control of the Provincial Govern-
ment, and thereby inevitably inducing an entire liustrfitktfi of British interests, and the aban-
donment of the Province by British inhabitants. . -
5. That being deeply impressed with the relative importance and value of that Province
as an integral portion of the British American possessions, it is the opinion of this House,
and one which it is called upon atHhis time to express, that prompt and effective measures
should be adopted by Her Majesty's Government, to reform the constitution and customs
of that important Province, by assimilating the laws and usages thereof to those of the
neighbouring colonies, and by abolishing the French language from all legislative and
judicial proceedings.
6. That this House cannot venture lo. recommend the re-union of the Canadas, without
first having ascertained the views of the Legislature of the Upper Profince, on that
important question,
7. That this House entertains a high sense of the inflexible loyalty which has distin-
guished such of the French inhabitants as have adhered to the Roval standard through the
late rebellion.
8. That an humble Address be presented to his Excellency the iTieiitenant-Governor,
praymp that his Excellency will be pleased to transmit the foregoing resolutions to Her
Majesty's Government, to be laid at the foot of the Throiie.
9. That his Honor, the Speaker, do transmit a copy of the above resolutions to the Con-
stitutional Association at Montreal.
(signed) Charles P. Wetmore, Clerk of Aiwmbly.
'a '
^■.,
KXJkty, together
■§'j
'I.
AFFAIRS tOF LOWER CANADA, &c.
Enclosure 2, in No. 40.
•-'-'/
' Gepilemen,
Government House, Fredcriclon, New ISruiiawick,
15 January 1838.
NEW
BRUNSWICK.
No. 40.
Sir .1. Harvey
to l-iirdGUnclR,
13 March 1838.
I XytVr. the honour to acknowledge the receipt of the representation which you have l-ncl. J, in No. 40.
[Xdone me the honour lu address to me.
, Witlwut consideriui; it necessary to offer any observations upon the anqmaly which is
f pfe«emed by the (fiscordant nature of the laws, customs, language, tenures, and national
■ feejiftgs, co-exiitin^ in the Province„of Lo*er Canada, I will merely observe, that under
•iheiexiraordinary circumstances in whicii that Province is at present placed, it appears to
/me that upon the Imperial Parliament have devolved the right and the duty of applying
rrfnedial measures to the existing lamentable stale of things. These measures, rl cannot
doubt, will be such as may be best calculated for effecting the great objects, so ardently
ilesired by our Gracious Queen, of promoting the prosperity, and of eOeclually guarding
and protecting the rights, interests, lives and property, of all clas3e8 of Her Majesty^
loyal subjects w Oiat important section of the British colonial em|)ire.
The President and the Secretary of the Montreal '
Constitutional Association.
; I have, Sic
(signed)
J. Harvei/,
Enclosure 3, in No. 40. '
Petition of the President and Secretary of the Constitutional Association of Montreal.
To the Knights, Citizens, and Burgesses of the Province of New Brunswick, in
Provincial Parliament assembled.
The Petition of the undersigned for themselves, and in behalf of the Constitutional
Association of the City of Montreal,
(Similar to the Petition.to the Assembly of the Province of Upper Canada, cide p. 151.)
Enc!. 3, in Ni». 4a;
357-
HH3
±^.^
. -*
228
CORRESPONDENCE RELATIVE TO THE
J'RINCE
EDWAIID
ISLAM).
No. 41.
ir (". A. i'll/roy
>i Lord Cileiiclp,
I January 1838.
PRINCE EDWARD ISLAND.
(No. S.)
— No. 41.—
Copt of a DESPATCH from Sir C/mrles A. F.tiroj,, K.H./to Lord Gknely.
Government House, Prince Rlwarcl Island.
my ix)ni, 29 January 1H38. ,
I HAVE much satisfaction in transmitting to your Lordslilp a dutiful nnd lov«I
Addn.s.s agreed to at a ^•ery numerous and respectable meeting of the inhSbiffs
of Uueen s County m thi.s i.s and, expre«<ive of their loyalty to the Crown id
^j:^:^:^^z:: sr^rii;;s^sSi;^"'''^-«^°'" ^'^
I have, &c.
(signal) CArtr/M ^. F»7;Voy, Lieut.-Govemor.
£iicl. 1, in
! Enclosure I , in No. 41.
ny«n.lt.r-,n-P4net ... and over Her Kln,est/.s hiand, I'rince Edward, and i.s Depcn Incit
Chanctllor, Vicp-Adiniral, nnd Ordinary of the same. &c. &c. , "«'P™<lfiic.t>,
M
ly it picuse yaur Excellency,
^\ >., tl.e inhabilanlsof Queen's Couniy, Cully impressed with a due sense of tl,P
abu.,, ant l,!es„ngs ..nparted .o these Norlh-Amerfcan colonies by the British constitution
are h led vv.th aston.shment and in.l.gnation at .he unwarran.able^roceeding, I rve"
recently take,, place m Lower Canada. Your Excellency will likewise givers credit Zr
pe;l^:^;l7u;l:er!v:rce" ''^ ""'"'"" ^'"" """=" '"'^:'''° p--^*^" ■"->• "^■'"'-e"
Thai the success on these occasions has not been equal to the sanguine expectation of
the taet.ous demagogues and their revolutionary parties, must be attributed under Pro
V,. ence to ,he welW.splaved loyalty and zeal of .he bet.er par. of Her Majesty WjeJ.s
bo.h c.v.l and n„l,.ai-y. ,n Lower Canada. a..d to the prompt and energetic ueasures of the
Government and gallant mihl.a a. Toronto. ^
. '" '■^,1"^ ;!"g y"^ Excellency .o convey to the foot of the Throne our heartfelt exnres-
s.rt„s of-hdeh.y a..d a.tachment to our beloved Quee^md the British constitution we
ava.l ourselves of .he opportunity afforded us. of aJBbwledging our gratitude to Her
Maj. 8.V for her appointment of a lieutenant governor so experienced and wiljing. as far as our
streng.l. and numbers ad.n.t. to apply .hat strength in any emergency to assist in upholding
the dignity of the Crown, and lor .he better security of this part of Her Maies.v's
dominions. "^ -jcaiy =
By order and on behalf tif .he meeting)
Clmrl<4,leTown, 1 8 January 1838. (sig.ied) John Uarron; Ch»itmM.
-i*rA':,
Et.cl. a.
Enclosure 2, in No. 41.- ' ■
in No. 41. To His Excellency Sir C/mrle.'i Augustus Filzroy, k.h., Lieutenant governor and Com-
mande.-ii.-Ch.el m and over Her Majesty's Island. Prince Edward? Chancellor, V.ce-
Admiral, and Ordinary ol the same, &c. &c.
May it please your Excellency, " •
Til F inhabitants of Pfince Town, Prince Town Royalty, and vicinity, deeply regretting
thcun(.,rtunate s.iuation of affairs presently existing in the Ca nada., where rShellion
— Bpsmnhetr lawfurSBvereip, amonp! a nunoibfr of misgiiTded and deludea me.r,irSuch
prevail8,'have, at a public meeting this day convened unanioiously, declared not only their
! f
^
AFFAIRS OF LOWER CANADA, &c, 229
loyalty and altacliment to Her Majesty's person and (ioVernmeni, but also their iirm deter-
omation to resist to the utmost ot tlieir power whatever iiiuy ttnd to dismembetthe British
«mpire, of which they rcyoictj to consider the North'Amcrican colonies ii nart.
Deeply sensible of ilie many blessings which the N'jrth American colonies have enjovi-d
under the British ciinstitution, und thankful to Divine Providence for the jieace and hap-
piness which continue to reign in this section of ihe islund, the inhnbitaniyof I'rincc Town
Prince Town Koyulty, and vicinity, humbly request your Excellency to acquaint their
beloved Sovereign wiili the sentiments expressed by them on the pr*9enl occiisiob ; and
also that their firm obediehce to the laws may ai all times be with confidence relied on.
Prince Town Royalty,
20 January 1838,
On bchnlf of the meetin;?,
(signed) Jo»(;)A I'ope, Chairman.
PIUNCK
KDWAIIU
ISLAND.
N~»,. /
Sir C. A. Kilzroy
to I,ord (llenclg,
29 January 1838.
End,
N'
— No. 42.—
Coi'Y of a DESPATCH from Sir Charles A. Fitzroj/, k. h., to Lord GlmeJg.
Government House, Prince Edwartl Island,
My Lord, 2 March 1838.
I HAVE the honour to transmit to your Lonjship an Address from the inha-
bitants of the North-west Section of IMnce Colinty in this island, expressive of
their regret at the insurrection in the Canadas, and of their loyalty aiyl attacfir
ment to the British Crown and constitution, which I am requested to for\vard
to yoA Lordship, with a view to its being submitted to Her Majesty.
I hav&, &c.
(signed) Charles A. Fitzroy, Lieut.-Governor.
No.^42.
'h C, A. KitZioy
it I ot(J (lltnilg,
'2 March 183b.
Enclosure in No., 42.
To
Lieotenant-Governor and ' Com-
rince Edward,' and it^ Dependencies,
ame, &c. 8lc. »tc. ^ „
His Excellency .Sir Charles Augustus Fitzray, k. ii.
mnndfr..in Chiallio^andover Her Majesty's Island, Pri
Chancellor and VicivA'Jinifatinf "
May it glease your Excellency,
The inhaiiitants of townships, Nos. il, iV 13 and 14, and thoir vicinity, avail our
selves of this opportunity of expressing our loyalty and fidelitj^to the British Crown
and cnnstitutitftt, and, at a public meeting this day coHvened for that purpose, have declared
our sentiments, deeply deploring the unfortunate situatK^n of affairs in the Canadas, and loss
of so many brave men, who fearlessly offered their service&un defence of their Q^een, consti-
tution, and country ; at the same time we cannot but rejomp at the signal victory that Her
Majesty's loyal troops and militia have obtained over such n^nbers of rebellious subjects,
ana trust that their diabolical proceedings may soon be termih^ted. ^
Duly appreciating the numerous blessings and advantages wB^lerived in this fertile
island, and patronized as we have been by our most gracious Queen's much revered and
lamented father, and thankful to Divine Providence for the innumerabtb benefit's we
enjoy, and in particular for having been favoured with a humane and wise governor, who
we believe to have the prosperity of this island at heart. ^ 5,
We, therefore, bep leave to request that your Excellency will condescend to conVey to
our beloved Sovereign our sentiments on the present occasion, hoping that peace and
tranquility may flourish in all the British colonies.
End. in No. 44.
^'
Signed on beb^l^of the gieeting,-
„
Janws J
Port Hill, 15 February 1838.
«o, Chairman.
''
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