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Les diagrammes suivants illustrent la m^thode. 1 2 3 32X 1 2 3 4 5 6 I TH A II IS'lOR Y OF THI LATE rROVINC|H j^ OK 1 .\ ^ V I'J- LOWER CANADA, PARLIAMENTARY AND POLITICAL, JFroin tbt eommenceinent to tte close of Its c):fstencc as a separate i)rob(nce; EMBRACING A PERIOD OF FIFTY YEARS, THAT IS TO say: FROM THE EEECTION OF THK PEOVINCE, IN 1791, TO THE EXTINGUISHMENT THEEEOF, IN 1841, AND ITS EEUNION WITH UPPEE CANADA, BY ACT OF THE IMPERIAL PAELIAMENT. BY ROBERT CHRISTIE. t / IN FIVE VOLUMES. // VOL. IV. ^-^*<5I-^e:a-''^**»^ QUEBEC: PRINTED BY JOHN LOTILL, AT HIS STEAM PRINTING BSTABLIST^MENT, MOUHTAIN STREET. 1853, i N o T I c 1 : f It was originally my intention that this compilation should consist of only three volumes, but here, how- ever, IS the fourth, which, notwithstanding every desi»*e to compress the whole matter into the smallest pos- sible space and to close the undertaking, only reaches to the autumn of 1837, including the affairs of St. Denis, St. Charles, and Moore's Corner, extinguish- ing the Rebellion, of that year, South of the St. Law- rence. That of St. Eustache, with its incidents, and the events of the three following years, with a copi- ous Appendix of very interesting papers, for the most part not hitherto published, will constitute the fifth and final volume. The number and length of the various parliamentary, official, and other public docu- ments and records, necessary to the right and full understanding of affairs, and which, as such, could not with propriety be omitted, have distended the work to its present overgrown bulk. I am very sensible that the perusal of a large portion of it will be found dry and heavy, if not absolutely a penance, to the reader who will have the courage to under- take it, and consequently little relished by most readers, particularly those already acquainted with the matters related. But it is to be remembered always, that the principal object of this work is IV v> rather U) record, tor t'lUiirc intorinallon, flic various aiiil important sayinp;s ami doings, parliamentary and ]K)litical, that have taken place in Ijowcr Canada (witli U})per Canada it has notliinp; to do,) during tlic fifty years of its political existence, a llepcrtory, in fact, that may be referred to and consulted by those who, followinj^ us, shall take an intcr(\st in these our times, and desire clearly to understand and as- certain to a certainty what, " in our day and genera- tion,'* we have been (quarrelling?) about, than tor the gratification or amusement of the present actors in the political drama, or of the lookers-on. R. C. •i i t I Qucb«o, V«bruar\', 186^. A lIlSTOin > v^ «»K Tin: I.. mi; PllOVINCE OF LOWER CANADA. CUAITER XXXV. Mr. TJiubuck movf'.-i in tln^ iriiiinoTis fui' an t'tKiiiirv into Cliap, Caiiiiilii iiiiitti'i's — liis ludtinii su|)('t'st'(lc(! Iiy the Cnloiiial Minis- .\x\»'. tfi's, jukI select oonunittt*' !ij)])<>in1(il 1i> inquire, «t(>. — report — -— ^,-*- nii-niK'ini,' laiiLCtiii'i-c of tlic J''icncli jtrcr-s and Vinulreal as :i "convention" — re|»ort of their pi-oeeeilinixs — another similar to it formed ;it (iuehee — I'ai-liaineiit expires and general elec- tions ill eonsecjueiice — Ooiustitutional Assoeiation formed at (2ue- ])e(' — another at Montreal — ^- (/rr/drdtlu/i" issued l»y that of (iiu'hee — address of llie emistit utionals at Montreal — advance of £;U,UOO by hoiiu! ifovernmciit to relieve the oflicials — Corpora- tion of (incln'c, on the eve of the new yeai", resolv*' not to visit tilt! (Joveriior — Asiatic ehoh'ia — ik'W J'arliaineiit meets — speech, A'c. — address to the Kinif and l;oth J louses on the state of the Pro- vince — Assemlily short of funds — addres.s tht^ CJovei'iior — answer — resolution thereupon — (lovernmciit transmits certain communications from the Colonial ^linister, Mr. Spritii^ Kicc — public accounts and estimates sent down, but wholly disre- garded — fJovernor's further answer to the Assembly iH'lativc to their address for t'l iS,(»no to cover cuiitinj^eiK'ies — Assembly proroi^ued — Mr. Jessopp, collector of customs, committed — bill naniin;^' Mr. Koebu(d\ aict'iit. rejected by the Leijislative Council — Constitutional Associations active — petitions Vo the Kini^ and two Houses of I'arliainent aij^reeil upon — Mr. John Neilson of (Que- bec and ]Mr. Walker of Montreal, (lc])utcd as the beareis — Cor- t)oration of (iuebecdesire to wait upon the Governor — His I'lxcl- euey declines their visit — debate in House of Commons on Cana- da affairs — it is determined that Commissioners shall be ap- pointetl to jjroceed to this I'rovince and investigate them — do- cuments in the Official Quebec Gazette — Lord Aylmer's recall announced — public addresses to him — Lm-d Gosfurd's arrival, accc)mpanied by i^iv Charles Grey and Sir Gcoi'go Gipps — Lord Aylmer's departure — monument erected at his expense to the iner memor y of Wolfe ou the spot where he fell. 2 Chflp. There was now in petitions and conii)laIiits from XXXV. ri 1 ^ ^1 . . 1 ^,.,,,^ Canada to the povcrnincMit at liomc nialtcr to en- 1834. gage again tiie attention of the imperial Parliament, and to it, aceordingly, the petitions were referred. On tlic 15tii April, ^Ir. lioehnek moved in the Honse of Conmions for " the appointment of a com- niittcc to enquire into the means of remedying the evils whieh exist in the form of the government now existing in U])per and Lower Canada." This liowever, he withdrew, on a motion in amendment by Mr. Stanley, the Colonial Minister, for " a seleet committee to enquire into and report to the House how far the grievanees complained of in tlie year 1828, on the part of certain inhabitants of Lower Canada have been redressed, and the recommenda- tions of the committee of this House which sat there- upon have been complied with on the part of His Majesty's Government ; and to inquire into the mat- ter of certain other grievances not then brought under the consideration of this House, but now set forth in resolutions of the House of Assembly of Lov,'cr Canada in the present session, and to report their opinion thereon to the House." Mr. Secretary Stanley, in handing in to the Speaker the names of those whom he intended should constitute his committee, observed that he had in- cluded the names of the gentlemen who, being mem- bers of the House in 1828, had been of the Canada Committee. Mr. Hume's name having been included, he begged it might be withdrawn, being already on several committees requiring his whole attertion, and his request was granted.* To this committee * Tlie committee consisted of : Mr. Secretary Stanley, Mr. Roe- buck, Mr. F. Lewis, Mr. W. Wynne, Mr. E. Dennison, Mr. Lock, Mr. Fazakerly, Lord Landon, Mr. Labouchere, Sir J. Graham, Mr. Goulburn, Lord Howick, Mr. A. Baring, Mr. EUice, Mr. E. Stewart, Mr. Oliphant, Mr. Robinson, Mr. O'Connell, Mr. R. Grant, Sir M. Ridley, Mr. B. Carter, Sir H. Haxdinge, Mr. H. L. Bul-wer, Mr, 1 8 1834. ») tlic various petitions and (lociinientM relatin^i; to Ca- Chap. Tiadiaii firii'Vaiu'i'S were referred. Tliev aceordlM. iiriscn, iiiiJ (lifrcrc'tK'cs contiiiuiMi.*; lo prevail Ix^twccn xxxv. (I,,. Ijimiu'Ik's of the ('oloni.'il Ltu'lslatiiiv, a-i wcil as hotwriMi llu' li )ns(' ot'Assemlj'v and \\'\i M I'u'slv's {^oviTMiiiciit ; those iiiihappv (lirt'rcncrs appt-ar lo voiir c'ommilU'i' no less calc-iiialcd lo clu't'k the pro- gress of iiiiprovement In one of tl>e most important of om* ('(jlniiial possessions, than to eli'eet most injn- riou^lv the interest of tiie i»rilisli empire. '* \i)\\v eommiltee !)el!;>ve that thev wi!I h(>st dis- ehar »:e their ( huvi )\' withlio li Idinu; anv nirther opinion on the points still \\\ (hspute. " It has app.'ai'ed to then tlial some nmtiial mis- c'oneeptions have prevailed, and uhen vonr eom- mitlee eonsider the extreme importimee that a per- fect reeoneiliation of these dilVerenees shonid take place, they exj)ress their earnest hope that these misconceptions heinjr removed, many of the pnvsent dillicnhies will no loimer exist, or will be amieahlv adjusted. "■ \'()nr committee are also liuhued to take this course, by their persuasion that the practical mea- sures ibr the I'uture administration of Lower Canada mav best be left to the mature eonsider^ion of the ^•overnment, res])onsible f()r their ado[)li()n and ..xe- caition. "• YowY committee are of opinion that it would not be expedient to cij)piy for ])ower to lay bel()re the House the evidence of the witnesses examined, ca* the documents which have been laid before tliem.'' In the meantime, the spirit abroad corresponded to thai in the Assembly, notwithstandinji" the o])inion to the contrary expressed by Lord Ayliner at the proron-ation. The I^Veneh ])ress and the ri}i(h'r(f.for, an iMiglish paper at ^Montreal, c()-o})eratin«>: with it, assumed a menaciuLC and revolutionary tone, alarni- iiiLC to the whole JJritish ])opulation of the Province, who, seeiuLi; the Canadians of Frcncli orii>"iu every- where organising themselves for purposes evidently p •the (led lion the 1 it, rni- lee, lioslile to the "Jioveniinent, !)(^Li\m to think il (ii.ie to Clin|). Ix'stir and phiee themselves in an attilnde .-«niled to ''^■'^''^• the a])|»reaehin^" ei l.->is. A loval advlress to the j^yj KinLC, verv nnnuron^iv signed, was prepari-d at .Mon- treal. This was tinwarded thron^h Lord A\ liner, on whom a deputation of inhabitants of that eity waited, with an addre> ; fet| nesting- him Id transmit it : ''• We have heen dej)Uled,"'' said they, '" on the ])art of a lari;e portion ottiie inhahitanls of Montreal imd its vicinity, to ])resent lo your lordshij) their |)etilion to Jlis Majesty in opp(;>ition to the s|)irit and tendeney of the ninety-two resolutions a(l(»pted by a majority of the J louse of Assemhiy, and resj)eet- fnlly to re(jnesl that yon will he pleased to eausc the same to be laid at die foot of the Throne. '' We be^ to assure Your Kxeelleney, from our own knowledge with respeet to the town, and the decla- rations of res])eetable individuals in the country, and from other testimonials, that the sio-natiu'es aflixed to this ))ellti()n are those of ])crsons of respeetabilily, and alie.osl, wilhoul exee])tion, of mature a;j;e — in corroboration oi' which we bejj; leave to refer \ our Kxeelleney to one sheet, eontaininjj; u))warsite ])arty are swelling the jsignatures to their ])elili()n in aj)probati()n of the ninety-two resolntiv)ns, by snbseri!)ing the names of infants, and of achills, misled into tlie belie'" tliat thev were merely siL';ning a declaration of their satis- faction with their ])resent condition. " We feel assured that Your Kxeelleney will be ura- tided to learn that so large a ])()riion of the respec- table i)art of the connnunity have, in so many see- lions of the conntry, re-eehoed the sentiments of IT' 11 Chap. Your Excellency in regard to the resolutions iu ^^^"^' (jiicstion. l8?-i. " ^^^ ^^^r? ^^'^^ Your Excellency will be ])leased to acce})t the assurances of our profound respect and consideration." To this he replied: " (ientlemen, — The numijcrs, but more especially the respectability of the individuals who are sub- scribers to the Address to the King, which you have placed in my hands, invest it with a character of im- portance,which affords me an opportunity of depart- in fj; in some degree from the brief form of answer usual on similar occasions, in making a few observa- tions upon topics of much local interest at the pre- sent moment, and I am the more desirous of avail- ing myself of this opportunity of doing so, because of the restraints imposed upon the head of the Executive Government by his official situation, which, by circumscribing the occasions wherein he can make known his own views of the affairs of the Province, expose his public acts to daily misrepre- sentation. '' In the fi^st place I will say af'3W w^ords regard- ing tlie complaints which have been so frequently urged upon the consideration of His Majesty's Government, of the partial and unjust distribution (as it is alleged) of the honors and employments at the disposal of the Crown, in favor of one particular class of His Majesty's subjects in this Province. I am persuaded that the ground of tliese complaints, and the mode by which its removal is sou<^;it for, (admitting for a moment its existence,) have not been duly considered. " If it be desirable that a rule should be establisli- ed for distributing the honors and employments at tiie disposal of the Crown amongst the King's sub- jects in this Province, of different origin, according to their relative numbers, it becomes a matter for consideration in what manner this object is to be -i solutions in e j)lcasctl to ■espect and ^ especially arc sub- li you have ctcr of im- of depart- of answer IV observa- it the pre- is of aval I- >, because ad of the situation, herein he lirs of the niisrepre- regard- equently Vlajesty's tribution mcnts at articular ince. I 1 plaints, iglit for, ave not itablish- cnts at ;'s sub- cording ttcr for to be ^ .^ I ' V. 1834. accomplished. Is it proposed to separate and divide Chap, into classes, the inhabitants of English, French, ^^ Scotch, Irish and American birth or origin, and in like manner to ])arcel out into shares proportioned to their respective num])ers, all those honors and employments, assigning to each class iis due propor- tion ? — ')r is it proposed that successively as employ- ments in ilie various departments of the Adminis- tration become disposable, they shall be conferred on individuals of the several classes in rotation, thereby establishing a species of lottery of the favors and distinctions of Government ? " In giving effect to the principle of distribution above mentioned, the necessary calculations for ascertaining the numbers in each class must undergo frequent revisions, with reference to the constant changes going forward in the component parts of the population of the Province, from the effects of emi- gration anrl other circumstances. — These, and other details, v/ould inevitably give rise to further com- plaints and jealousies ; but what is more than all to be deprecated, the principle above mentioned direct- ly tends to keep alive, and perpetuate those very distinctions of national origin which have been com- plained of, and of vrliich the traces cannot, for the tranquillity and prosperity of the Province, be too speedily or too effectually obliterated. " It is not in the light in which I have placed this subject that I understand the liberal intentions of His Majesty's Government ; but rather, that the most rigid impartiality shall be observed in distribut- ing the honors and employments at the di^nosal of the Crown, and, that without reference to national origin, he who shall be considered the best qualified for employment, or the most deserving of honors shall be the individual preferred. " This, as I understand it, is the principle upon which it is intended that His Majesty's Represen- 8 Chap, lativc in the Province slionld govern liis procccdinf^'S. XXXV, — ;i (Ic j>'irliirc fro.n it in favor of any particnlar lb;;i. t:ia;is c:ii; jilonc coi.sliluit' a just f!;roun( I of cotn- l >]anit and can rcasona blv 1)0 urocd ju anv <|uartci ■ In c(/nncxi()P witli what has just been observed in reu'ard to national oriii'in, I c;.nnot forbear takintr notice in this phice, of tlie practice of a certain })artv in th(? I*rovi!ice of readily a[)plyino; the name of Canadian to the descendants of individuals of anv. no in.,ti \v hat tbrciLin nation, established here whilst the name of f )reijj!;ner a])pears to be by them ex"Iusivclv reserved for His ?^Iaiestv's subjects b orn m t he i: ■ '1' d 1 l( O i niieu is-miroom, an( d tl icir desceiu lant; a.];h*es,<.>(l as a f n'ei^iicr, Vvhilst treading the soil of ;' l-ritlsh Colony, must indeed sound s"ran>clv in the cars of Knidishmen. In this Pro- vincc p;n'lia])s, the misapplication ofthe term may I)- 'no ed m most instances to the euTumstance o f tlie njaioritv of thj actual inlnbitanls beinii; of a different ori^'in ; lait wlievever it shall clearlv and manifetly ap])car to be the result of ])rejudice and political hosiility, those win) so make use of the term siiould be eiM|ihatical!y told, that in every (juarter of the ^lobe where tlie Hritisli fla<2; waves over his head, an Enuiishman is alwavs at home. '' Ui f •tnnateiy for the true interests of this Pro- vince the efforts ofthe party to which 1 have alluded have been but too successhd in imposing upon the good faith of a large jn'oportion. I feel assured, howev:?r. tliat a full exposure of then' artifices is at hand, rtud that a light is rapidly breaking in upon the minds of those who liave been so deceived, whiel- will enable them to distinguish between their friends and their enemies — thev will then discover amoim's'. other things the extent to which their con- (idence has been abused : and that \\hilst encour- agement to interfere in the iiiternal affairs of the Province, incompatible with the allegiance due to 9 :?edii)o's, irtic'ular 'f coin- iartc']-. bscrxcd * takiiii*: 11 party aiiic of of any, Iierc ; y thcMii s bora cadino: sound is Pro- 11 may a- nice of j: of a y and '0 and tlic very aves Vvo- ulcd the ircd, is at })on vcd, leir over I'on- )iir- he to ISU. I ^> His Majesty by his Canadian subject^, has been held Chap, out in their name to a neiji'liborinii; lbreiueonraii;euient has been reiiarded oniv \\\{\\ luiiiLcled seorn and derision, representations luive been conveyed to llie ^h)ther (.'ountrv einiuent- ly calculated to create doiTot in tlie minds of those •who ai'e unaecjuainted with tiie true character of the Caiiadians, oi' their loyalty ar.d jj;ood sense. " it is for them, the ("anadie.ns, of every class and ori;;!!), to protect theii* character .is Ih'itish sub- Jcls by means Avithin their own read), aursued by the ])arty to which I have just alluded. 1 could entertain no doubt as to its object ; but conhdently relviuLi; upon the tried lovaltv of J lis ?ilaiestv's Canadian subjects, I ab- stained from making; aiiy attempt to arrest its pro- J2;ress, in the firm conviction, derived from the know- ledge 1 had ac(|uired of that ])arty, that if left to thcmsclyes, their own acts would sooner or later sink them to their true level of insio-nilicance, from which a com])ination of fortuitous circumstances had raised them for a time, and to which they are now rapidly descendinp:. '' In oivilm- eifect to my own yiews on this suh- ject, I have luul many difricnlties to encounter. ]\Iv public character and conihict lu^ve been a>;sailed on all sides, and with eyery variety of insult that hm in \\\v ])r;)fessi()iis of the prc^scnt Sjc 'eltirv (/f State for lli? Colonies, (to whieh eon- (i.lj.icj Ik' is to a e.rlain (le>i,ree entitled by his early ab.Divlonnient of Mr. Stanley's threatened usurpation of the ri^ht in the Jkitisli rarliament to tax the Colonies, and hy the adviees whieh the ConnnUtec have received from Messrs. lloehuek, Vi^ivr, ]\lorJn, and other friends of this country), yet this meeting cannot lionestly ])crf()rm the duty it owes its consti- tuents without frankly and Dublicly declarin<>; tliat no measure of reform can produce ])ermanent satisfac- tion, nor remove the existing " misconceptions " and " diiiiculties "' unless it is based npon the recommen- dations contained in the ])L>tition of the House of Assembly, lately presented to the House of Commons, ])raying for an extension of the Elective prhiciple hi the Government of this I*rovince. " On motion of the same, seconded by — Masson, Esquire : " 4th. Jlcsnivcd, That this meeting learns with feehngs of profound regret and disa])pointmciit that the Conunittce did not consider it ex])edient to lay before the House of Commons, the evidence of the witnesses examined, or the documents which have been placed before thein, as publicity is the greatest if not the only security to a thstant peo[)le, against intrigues, jobs, abuse of power and misrepresenta- tions on the part of their colonial rulers frequently sent for the purpose of repairing their broken for- tunes, and wlio, in a spirit of animosity have often been known to have prejudiced His Majesty's Govern- 13 couritrv 'in (cilice ifirics ;!s I )r. La- v/cll in- prcscnt cIi coii- lis enrly ir()atioi-i 'ax the limit tec ^[oriii, iicctino* consti- that no atisfac- s " and inmcn- )nsc of iinons, iplc in nuMit aa;ninst the i;i1ial)itants of the Colonie;^ ; and Clinp, asson > with t tliat to lay )f the have ^atcst Ji;ainst enta- ently 1 for- often ^'ern- I that 111 llic jn'escnt nistaiice iii partieular, wlieu -m tieul; XXXV, almost unanimous ])eoplo accused the I'roviiuial Ad- j^n.^ niinistralioii of hiritish Land Company, whereu])on ^Ir. (Jirod, one of the l)eleg'ates from the County of \'ercheres, came i<)r- ward and state;\re(l a series of resolutions condemnatorv of the alienation of the public projXM'ty of thi-' JVoviuce to a company of foreign speculators, without the consent, and a, 14 /. . |:j! :)ij' Chap, and engagements of the Colonial Office towards this XXXV. country and the House of Assembly is, in the opinion 1834. ^^ ^'^''*^ meeting, the more flagrant, the more oppres- sive, and exhibit the greater contempt for the })eo})le of this Province and their Legislature, inasmuch as it was conunitted against the will and desire of the inhabitants of this country, expressly manifested by resolutions unanimously passed by their Represen- tatives in the Session of 1832 — resolutions which have since been renewed in the last session of the Provincial Parliament, and supported by the people in their petitions to the Imperial Parliament. " 4th. Resolved^ That independent of other acts, which have rendered the Administration of Mr. Secretary Stanley deservedly odious to the peo- ple of this Province, the approbation which he has given to the passing of the Land Company Bill, the favor which he has shewn towards those who soli- cited it — the open protection which he has given to those who, to avoid all opposition to their projects, have effected the passing of the said law secretly and clandestinely, suffice to impress upon that adminis- tration an indelible stain, and affix thereto the seal of reprobation. "5th. Resolved^ That this meeting confidently de- mands from the liberal views of the new Colonial Secretary, and the opinions which he has recently expressed on an analogous subject, that he will ob- tain from the Imperial Parliament the repeal of so much of the aforesaid act as concerns Lower Canada, and thereby remove one of the sources of discontent most poignantly and most generally felt, and which has been created throughout tliis Province by the impudent temerity of his predecessor. " 6th. Resolved^ That Avhilst confidently awaiting this act of justice, this meeting invites the electors of the different counties to exact from those who may offer to represent them, a formal pledge that lo irds this opinion opprcs- ^ pC'OJ)lo Jch as it of the stcd by prosen- ^\hich : of the people r acts, )f Mr. ; Peo- tie has II, the ) soli- ^^en to )jects, Y and linis- ealof rde- 3nial intly Ob- )f so ada, tent lich the ors ho lat they will use all their efforts to oppose bv all legiti- Chap, nuiu^ means the o])erati()ns of the aforesaid Land ^^xv. CoMipaiiy, and iliat they will not cease their exertions 183.J until they shall have obtained the repeal of the act of the lin])erial Parliament by virtue of which it has been incorporated, so far as Lower Canada is con- cerned. " 7th. R/'soIred, That this iTieetinv (he itioii of li of I he T'lCiich chidcd. ■slowed l)y })i-o- tlie in- casions herties Men fly lo take i'oni a ' then t' V whieh nee of ■hewn exer- ; l))les, J )i(/(jH- ;■ )Oj)ll- ^ rtiei- j inriy J esire atie- )()ve sent the j ceJ- 4 leney Matth(>\v Lord Ayhiier, the ])rrsont fiovornor Chnp. in Chief, ulio .s'mee his appoiiiUnent to olliee lias •'^^>^^- called to sixeral situations of profit in the eivil (h'-"7s;jT ])artnu'nts tlurteen or nior" jursoib besid es a ureal many in the Cnstoins, of all of whom only ////•"■ arc Canadians of Freneh oriuin. "4th. /»V.s7>//v'7, Thai notwithstan(lin of the Commissioners for the snnnnary trial of small causes in the country parts ; on which occasion, contrary to the spirit of the law, and to the former ])ractice t)f himself and his predecessor, he has ex- cluded iVom such oflice several ])ersons recommended to him by the pro])rietors who had called for the es- tablishment of such Commissioners' Coiu'ts, (wl icli persons had already filled such offices with julvj.nt- au;e to the ))ublic and honor to themselves,) and ap- ])ointe(l others who had no other recommendation than their known subserviency to Ills Ivxceliency's ])olilical bias, and hostility to the opinions of the mass of the })eo])le. " r)th. llcsiilciuj^ That the recent a])p intment of Sanniel Gale, Escpiire, to a seat on the l>enchofthis district is another ])articulariy obnoxious instajiec of the violation of liis ^Fajestv's o-raeious assurance c;»ntained in the aforesaid des])aleh, and of the whole s})irit of both the Canada lie])orts, and of the ])!edfi;es of the Colonial Office, and nnaccountablv well calculated to continue those annuosities and miscon- ceptions lately reconnnended to be removed, inasmuch as the said Samuel dale was throu;j;hout a notorious ])!)litical suppor.er of the bad administration a.,';ainst which the ])eoplc this of Province did, in 1(S27, suc- co'ssfully coiiipiaiii ; to oppose which complaiiitSj and 1» 'ti! I , I ! i. hii; XXXV. 1834. Clmp. to support wlilcli obnoxious administration, the said Sanmci (Jalc was dcpnl(' of the people of (his country and their laws, which laws h(> is now called to administer, to the ^reat injury of the majority of His Majesty's subjects in this district, who, after the declarations on his part contained in that evidence, cannot have any conridencc in such u man as a judn, the saiil where he it(('(> oftlie niifoiiii(|('(I >|>Ii' of this ii(»U' called •ajority of ', after the evidence, nian as a 1 noniina- issiirances to, which oniniittee Mtnientof ifest con- ^teport of K'c of Ilis otessions listiirhcd Icnti/icd wicked )rded, if Uency's of his ct and )vince. iitions olonial chuck. as also nstitu- 3 term nOc- n op- J SUC' eesMful, except in tlie KasteniTovvnslwps, and partially rhap. s;) there. In Quehec and Montreal the elections were '''"'^• warmly contested, but the mercantile (l>ritish) in- ^yy.^ terests were unsuccessful. Mr. Neilson, who had Ioul; heen a prominent and skilful leader of the party now ^rown unruly aiul impatient of his advice, was rejected by the County of Quebec, which he hail re- ])reseiUed for manv vears, as was also Mr. Andrew Stuart, bv a maioritv of the electors in the citv. In the party spirit that now ])revailed, no man of British name or descent, unless absolutely devoted to the rulini!; ])arty, and ready to ^o all lend tim(\ with limited powers conferred on them bv the law and the existint; Constituti on. Tl le y caiuiot exceed these powers Avilhout a breach of duty — without usui'pation. If they do. they set themselves up a the n.iasters of the j)e(ip!e, instead of tlieir agents. "Their powers are clearly defined by the Constitutional sta- tutes : they are to adviseand consent, concurrently with the Legi>la- tive Council, constituted in virtue of the same statute, to the enact- meiit of laws, by the authority of tlie Crown, f'^v the j)eace, Avelfire, nnd good govei'nmeat of the ri'oviiice, not i)eing repugnant to the said statute. They h.iv" also, of neeesslty, the j)rivil(ges r 'quired for giving eli'ect to \]\:- aforesaid ]>urposes. JJeyoud this, tiicy have lio legal power whatevci". If they go beyojid it. tliev ;.s.-unu' what, does not belong to tiieni. raid betray the ti'ust conlicled to them by their constituents. "What has been the conduct of the mcr.ibers of th'" late House of Assembly, publicly knov^'U and ueknowledgetW They have attacked the Constitutional A(t itsilf; — they liave iH'siilve(| on the anniliilati(;u of one of tlie Branches of the Legislature, with which they were a.ppointed to act, and by thtit resolve excited the just apj>reh .isloutj an;l resittancc of tlie two other co-oi'dinate Ih'aiU'hes, aiul thereby raised obstacles to the pei'fonnance of the trust confi- ded in them, 'i^n' furthering the enactment of l.iws rccpiired for the conunon welf.i e ; — iheyha\c rejecied or neglected the [)i'opos<'d oo-operaiioii of the British (tovernment, for the entire removal of the grievances and abuses e.im])laincd of in the petitii'us of the people in 1827, and. by thciuselves iiilSyi ; — they Jiave spicsul dis- 21 'lieve isex- >Iic matters place liere. icyond thnt of tln' eoiidiict AVjlicll judrros vociihlc, olei'- ij'id justir-c, i'aML'li<\s, ns( c'lidi- 1 lor tlio >f<>j)ns(.d iii'val (if vti([ dig- The elcetioiis being over, Jil! those who were anxious Chap. f )[■ a eominii; iicj c t'theC')nstitiitioii and niaintenanee ^-'^-'^^'• of till* connexion (-fthe Province withl-reat Britain, "^"^ AVhicli wcie .■*ta- ooi'd tln'<)ui;-ln>ut: llic I'rovi'ii^o, and caused Idond to t'o slicd at our luM'ctoforf pt avcali'r clcrtioiis ; — tln'V li.ivi' ariT-tfd the iniprovc- iHcnt of the cdunliy and tln_' aiiH'Iiorai ion of il.^ Li'.vs, Avliicli w rapidly and .-uo(.M's>!"u!ly ad\ ar.cini,', by Ili<' aid of an united Le latuie, tVoni I.S'JS down to tlie laonient of tiio attacks on the c blislu'd Constitution; — and, iniaily. they laivo broML';ht the people (if tile l*rovi:iee into a state of uueertainty and disijuiet as to their future fate, and excited a spirit of individual and national aiiinio- sity befoi'O unt'xani])ied anioii'^st His ^hijesty's subjects in Lower Ciinada, tiii'cateninii; loiii^ and tian^'erous sti'U!^ti,'les and oxoessos. '•These arc facts, public and notorious, which may be colored, but Avhieli no one will venture to denv. to til l)Ut tluy have not only usur])ed authoi'ity "whicli was not t^ivei em. and I )ro(iu< •ed all tht! conse([Uenct'S befoi-e slated ; they have excited to sedition, rebellion, and ti'cason. Tlieir ninety-two resolutions <>f last winter art; a loiil)|)le all( I'l -lo ii" under the Biitish iroverniiient, — that I'cfcr to the ei,aanee and pi'otectioii are co-relative oblii^Mtions example of the Unite i .States, — and finally threaten to seek a remedy ' ei,.si;wiikui;,' if their demands are not i,n'ai.ted by the British Parliament. If there i< a man of unsophisticated mind and connnon honesty, Avho has read, or will read, the ninety-two reso- Intitnis, and say, before (Joil and man, that su<'h is not the bent and character of these resolutions, then I will consent that these latter ulh-uMtions against the members of the late Jiou,-e o should be taken as not Droven. f A. -cmb ly " If they are proven, they aild to usurpallo.i ami breach of ti'ust, the guilt of falsehood, calumny, disrespect and insult of individuals d lawful autliorit at! •belli d ti and lawlul autliorities, anl exii - " Yet, in the face of all the ])ul»lic and acknowh'dged evidence against the authors of these violations of duty, they have been aeipiitted by the majority of the r double the value !l i 22 '^1 U Chap began more seriously than ever to turn tlieir attention ^^^^- to combined action and jncasures for the purpose. 1834. they would have if tlu'so iulvniitai'ti()ii 0()xi- ' iuljoiiiiuij population as seventy , now the he conces- vilegcs in 3cl in Pro- is, indeed, 'd citizens bettors of t'ent pro- e Avlio are ' lawfully ?nt which I govern- yrannical election Jcse late ornnient, xtinet in lien and ipoils of not yet political c'xciting I oi-igin, ptuous, n time. illy re- ar. It -follow lents of lone, — h them honest piness, ,'.arded d pro- V own IST." * -id^ A public meeting was held at Quebec on the 22nd Chap. November, at which a " Constitutional Association" ^*^^- was formed/^ and a ger-.eral con^mittee named, which, ^33^ in its turn, nominated a sub-committee of iiflcen of its members.! A great meeting of the like character also took place about the same time at Montreal at * This day at one o'clock, pursuant to notice, a meeting was held at the Albion Hotel, for the purjwse of adopting ])reliniiuaiy measures for the formation of a Constitutional Association in this city. Andrew Stuart, Esquire, was called to the Cliair, and II. H. Gairdner, Escjuire, v.'as nominated as Secretary. The following Resolutions were severally moved by J. H. Kerr, Esq., and seconded by W. K. McCord, Esq. liesolved 1. That in the present alarming state of the Province, approaching to anarchy and confusion, it is absolutely and urgently necessary for the C(jmmou safety of persons of British and Irish origin, that a general union should be established for securing, pro- tecting and maintaining their constitutional rights, and for ensur- ing, by legal means, the safety of their persons and property. 2. That for effecting the purposes of the precedmg resolution, it is fit and expcvlient to establish, at Quebec, an Association to be called. The Constitutional Association. 3. Tliat a committee of 75 be named to consider the fit measures to be taken for the establishment of a Constitutional Association, as already mentioned, with powers to appoint a sub-committe*^ of 15, and report to a general meeting to be held at this place pur- suant to notice. 4. That a subscription be immediately opened to promote the objects of the Constitutional Association. It was then resolved to appoint a Treasurer, when Alexander Simpson, Esq., of the Montreal Bank, was unanimously named to that office. The first and second resolutions were adopted with the under- standing that the committee would anu>nd them so as to include Canadians of French descent, and persons of other countries who coincide in the opinions expressed at th<' meeting. Some conversation took place in which Messrs. A. Stuart, J. Neilson, senior, and W. X. McCord, took part. The hour at which the meeting broke up prevents our giving full particulars. About four hundred pounds were subscribed by three o'clock. {Quebec Mercury.) \ Tliese were, Jno. Neilson, Andrew Stuart, Henry Lomesurier, George Pemberton, James Hastings Kerr, Henry Black, James Bell Forsyth, James Stuart, Wm. Price, John Charlton Fisher, Thomas A. Young, Williani Power, James Dean, Samuel Neilson, II. H. Gairdner. f I if ' )': i I % ill i; ' m n I ! i- < ■■ £ XXXV. 18'J8. 24 Cliiip. Mhlfli very dccidLHl resolutions were adopted. '""■ A general meeting ot' 1 lie Quebec Constitutional Associa- tion took ])lace on the 1'2{]\ of Decemher, when a Lu:cLARATi(L\ was ai»'reed to and issued bv it in the Ibllowing terms : — " A meetiuii: of a])out 400 or 500 members of the Quebec Constitutional Association, took place at the Albion Hotel, on 'J'hursday evenino;, 12tli inst., for the ])urpose of takinu; the sense of the Association with respect to a declaration drawn up by the sub- conmiittee. John Eraser, Estpiire, was called to the chair, and Jl. H. Cairdner, Es(|., acted as iSecretary. " Andrew Stuart, Es(|., ex])]ained the object of the meeting, which was, to take the sense of the members jj^eneralh' v\'ith re'2;ard to the declaration which he then held in his hand, and which had re- ceived the unanimous a})|)robation of the sub-com- *^ Moved 1)\- :Mi'. Walsli, soeoiuli'd l)y Mi', llcuiy Cov^e, That the bitter and iincoasiiig anilU(»^^ity wliieh has bocii displayed towards persons of Hiitish and Irish origin, and the unpiiueipled atteiu])ts Avhieli have l)een made to injure and oppress them, as exempliHed moi'<' parlienhirly in tlie proeeedini^s of the I'own Couneil, att'ord suthcient evidence of the tyranny Avliieh 'vould be practised, .sliould tlie British Goveriunent make tlie furthei- eouccssion.s ('.emaudod 1)V a luajoritv of the late House of Assemljlv. "Moved hy'Mr. Thomas I'hilips, seeouiled i)y :\[r. C. D. Day, Tliat the nondnul majority of Messrs. Pa})ineau and Xelson. is +o be as- ci'il)ed solely to the i^ross partiality of the Returninu^ Oflieer "u rejecting legal votes, in accejiting those that wei'e illegal, in repeat- odly adjourning the ])oll without the requisite consent of all the canditlates, and in jirematui'ely clo>iim' it without notice, and e;in- not form the slightest justilicatlon of that functionary's ille<,'al return. Gloved by Mr. Andrew Doyle, seconded by jfr. James Holmes, That uncertain of His 3lajesty's Government, and impressed witli a deep conviction of innninent danger, we feel it an imperative duty to declare that Ave will not submit to the dominat- m of a party adverse to immigration, to commerce, to internal improve- ments, and to all those interests which may be regarded as JJritish ; but, relying on the justice of our cause, conscious from recent expe- rience of our own strength, and mindful of the fame of our fathers, we will resist to the uttermost all attempts to place us under the 3'oke of a party which, we lirmly believe, is beut ou our destruc- tion. 1 .; 5 V- .. 2^) lied.-"- A il Associa- ', when a it ill the crs of the lee at the iiist., for ssoeiatiou ihe sul)- led to the secretary, objeet of se of tlie jclaration 1 liad re- sub-eoiu- ^0, That the C'd toAViirds cl att('iii]>tri ■xcuipliHrd iK'il, aft'ortl ^iC■(l, slioiild 'A'lnuuded I Day, Tliat .-; ^1) be a.<- ( )flieer ui in repeat- er all tlic f, and eaii- s illegal Holmes, -?c'd with ji])erative lit' III of a improve- J'.ritish; lent expe- iathei's, [ndei the destrue- rnittec, and also, of the <>eiiei-al eoniniittee. The Chap, most pro])er conr.sc to be pursned, therefore, he ap- ^''^^^• prehended, wonhl be to read the deehtration, para- ^go^ graph by paragrapli, so as to give every one present an opportunity of expressing his o])inions. " The following deelaration was then read, para- gra])h by ])aragraph, and the cpiestion of eoneurrenee i)eing put Oil eaeh, tliey all ]>assed by aeelaniatiou, with the cxeeption of the 8th, the only dissentient voice to which was ]Mr. Guyi-y. nc' '' DECLARATION Of the causes which led to the formation of The Constitutional Association of Quebec, and of the objects for which it has be( n formed. " The political evils under Avhich Lower Canada has \oivj: labored, have recently been increased in so alarming a degree, that the sul)yersion of govern- ment itself is to be apprehended, with the consequent disorders of anarcliv, unless the progress of them be arrested, and an eliectual remedy a})plied. " Under the inlluence of a l)arty in the Assembly of the Province, laboring by every means wliicli they could devise to concentrate })olitical power in their own hands exclusively, national distinctions have been fostered and established, the administra- tion of the local government has been pcrseveringly obstructed and im])eded, its authoritv brouiiht into contempt, and ])ublic and private security essentially impaired and endangered ; whilst the just sul)ordi- nation of the colony to the parent state litis been openly questioned, and resistance to its authority, if not avowedly inculcated, certainly covertly pro- moted. " Li prosecution of the views of the party to which those evils are mainly ascribable, that portion of tht' ]-)opulation of the Province which has been by them designated as of '^ British or Foreign origin,' has vir- B ! I i ! I ; I t i I • f I - 1 I ! A 1 n ■ f .1; li |r If 2(5 Chap, tually been, and nov/ is, deprived of the })ri\-i(c'gc of XXXV. ljcii,o- heard in die repre.scntalive l)ran(']i of the j^'ov- 1884. <-'i'Jim<^'nt in su])])()rt of their interests and views. The portion of the population Unis proscribed amounts to about one hnn(h'(Hl and fiftv thousand souls, or one-fourth of the whole, and eonijirises nearly all the merchants, the ])rincipal members of the learned pro- fessions, a hu'^e bodv of skilful and weahhy artizans antl mechanics, and a pjrcat number of respectable and industrious agriculturalists, possesses extensive real estate, and holds by far the; greatest ])ortion of the capital employed in the pursuits of trade and in- dustry, all which interests are liable to be burthened and in fact have been injuriously affected, in conse- quence of the proceedings of the said party and of the majority of the same origin by whom they have been supported in the assembly of the Province. " The class of persons by whom members of the assembly arc almost exclusively returned, — that is, the inhabitants of French origin, wdio form the ma- jority, and W'hose character is in other respects most estimable, — has shewn itself peculiarly hable to be acted upon by ambitious and self-interested indivi- duals, who, byexcithig the latent national prejudices of the majority against their fellow-subjects of a dif- ferent origin, can, as appears from late events, lead them astray by specious though perfectly unfounded representations addressed to their prejudices and passions. " By these means the party in the Assembly al- ready alluded to, has acquired a dangerous ascend- ancy over this class of the population, and the result of the late elections evinces that they will use it for the purpose of securing the return of such persons only as Avill act in subserviency to them. Upon that occasion it is notorious that no other qualification was asked or required from candidates than an im- plicit acquiescence in the view^s and wishes of the 1 1 I 27 XXXV. 1834. ])rirtv as cxpros,-o(l i; tlu resolutions of llic Asscinl)ly Chap, to I)C' ])rescMitly adverted to. " AVliile the representation of tlic Provinee eon- tinucs on sueli a fbotin^;, with tlie eoneentration of power ineiilentto it, experienee has shewn that tlierc can be no liopaofa fair and impartial athniuistration of tlie powers of ;eneral interests of the Province, connnercial ;ind a;i;riculinral, will continue to be overloolanl and ne[!;lected, or subjected to injurious regulations, its iniprovcnient obstructed and retarded, and the whole internal g'overnuient of the Province dejH'ived of the legislative superintendence and ])r()- visions which are necessary for its efficiency, and the promotion of the general welfare. " The political evils arising from the constitution and composition of tlie Assembly have been greatly increased and aggravated by the act of the Imperial Parliament plMcing at the disposal of the Assembly, absohitely and uncondiiionany as it is understood by that body, the important revenue l)y means of v/hich the civil ex})enditure of the Province v.as previously defrayed. By this increase to the power derived from great numerical su])eriority in the Assembly, have been su})eradded the irresistii)le weight and in- fluence neccssarilv conioincd with the exclusive power of appropriating the revenues absolutely and indispeneably recpiisitc for defraying the civil ex- penditure of the Province, by means of which the Executive government has been rendered entirely dependent on the will and pleasure of the leaders in the Assembly for its very existence ; and ])ublic au- thority, both administrative and judicial, from the Governor-in-Chief and the Chief Justice of the Pro- vince to the most humble individual in the scale of office, has been subjected to their interested, partial, vindictive, or capricious control. ! il i i u. : I 1 f ' I, : 2S Chap. '^" If any doiil)! could liorctoforc have been cntcr- XXXV. taiiK'd as to ihc (lc'sip;ii and tendcMicy of llic procccd- 1834. ^"r«'^ **^ these men, that doubt must liave been removed by the resolutions passed in the Asseml)lv on the -1st day of February, l(S;>4, eoutaiuiuo; divers false and seandaloiis ini])Utations of so ^-eneral a nature as not to a(huil of answer or investigation, against tlie cha- racter and conchiet of J lis Majesty's ji'overnment in this IVovince, — ar()cce(l- rcMiiovcd I the 21st IJiIse aiul I'e as not the cIki- lUKMit in s officers, and tlie — au'MJnst lonv en- ivatc life, ly as re- )anacla to of ';")(), of , a«i;ainst subjects ill ' and )f' wiioiii 000 and \\c two ions are to Eno;- Ithc nia- onstitn- lontrary Ish con- Intnient )rity of of the [life, in e same |ith the States m of America, and insisting- upon heinj;' supported in Clmp. the demands contained in tlie said resolutions tiiat ^^^'''^ the })eop!e of tliis Province ' may not he forced 1)V "TsluT ()])j)ression to reii;ret their dependence on tiie JJritish empire, and to seek elsewhere a remedy 1<)r their afifietions/ '" In furtherance of the views of tlie framers of the said resolutions and address, the said resolutions were, shortly after the close of the last session of the Provincial Parliament, ])rinted and distributed in great numbers thrt)U'i,h()ut the I'rovince at the ])ul)lic ex])ense; and certain committees were therein invited to be formed, to aid in j^'ivin*;* effect to the same, under a pledin. " In c(msecpience of these machinations and others connected with and resnltin«>; from them, it has come to pass, as might have been looked for imder such circumstances, that at the late general election, (as the poll books kept of record according to law will 't li in I'l *\*5L. 10 (!]inp. slit'W,) majorities c'ouslstiiijj; (>i'])crsuns <)(' brciich ori- XXXV. 1834. •;i:i liavf t'lioscu iifnilv the wlioie ot the nieinhers uiio jire to eompose the J louse of As^'.en^l)ly lor llie ensiiin;.i- four veais, of persons of that ori!;iii wlu) have ])ul)li('ly a|)})rove(l of tlie s:ii(l resolutions, or pledged themselves to their support. " As suhonhuate to the '^rievauees now stated, hut eontrihutinji; materially to the politieal evils of the Provinee, other departments of the o-overnment may he in-Mitioned as to whieh measures uf rei'onn itlv ealled i\ Th he svstem ot ludieaturo as now estahlished, it is universally known, is alto- gether insulHelent and unsultcHl to the ])resent state and eondition of the Provinee. From the great ex- tension of the settlements, and the inerease of popu- lation in different distriets, the eourts of original jurisdietion have l)ee()me inaceessihle *.o the inhabit- ants at a distance from them, otherwise than at a ruinous expense, involving in many eases a denial or failure of justice ; while the Court of Appeals, from its ])eculiar constitution, is unfit for the exercise of the powers v;' Ji which it is entrusted. That a system of such vital importance to the ]Mil)lic welfare, and yet so injuriously defective and inadefjuate, should have continued without alteration or improvenieut, is among the striking cvidenves of tlie im])erfeet exercise of powers entrusted to the Provincial Legis- lature. " In every well-regulated government it is essen- tial that the executive {uithority should be aided by the advice of a!)le and well-inlbrmed individuals, acting together and in a body, by Avhich sound dis- cretion, uniformity, consistency and system arc im- ])arted to its measures. Among colonial governments, which are generally administered by persons laboring under the disadvantage of a dericicncy of local in- formation, assistance of this natvu'e is irdispcnsablo for the attainment of the ends of good govcrnnient. I 1 'CMcIl (JJ'I- nicMiihcrs ,V i'ov ihu who liavc • ])!c'(l: luider the same privation of conunon rights, a liiir and reasonable |>ro})or[ioa of the re])resentati()n in t!ie Provincial Assembly. " 2nd. To obtain sucli refonn in the system of judicature and the administration of justice as may ada])t them to the present state of the Province. " 8rd. To obtain sueli a composilion of the JCxeeu- tive Council as may impart to it tlie efficiency and weight whieii it ought to ])ossess. " 4th. To resist any a])]>ointinent of members of the Leii'shitive Council otherwise than by theCnnvn, but subject to such reu;nlations as may ensure the ap])ointment of fit persons. " 5tli. To nse every effort to maintain the con- nexion of this colony with the parent state, and a just subordination to its authority. " 6tli. To assist in preserving and maintaining Deace and p:ood order throuidiouL the Province, and ) 11 1 » » i 1 1 1 1 1 ! i' I I * 'Jm» Chnp. cnsiiriiif;; tlu' (.'(iiinl riulits oT His Maji'slv's siihiccts XXXV. i«;m. of all classc Now \Vi:, whose name s arc iindcrsiLiiK'c (1. tak [lo li iiiji" llic prc'inisc's into our serious eou'>lves the enjoyuKMit of ecpial rights with our fell()w-su1)jeets, and that ]KM'manent peace, security and freedom for our persons, opinions, pro])erty and industry ^\•hieh are the common ri«j;hts of IJrilish subjects. " And in furtherance of the ])urp()scs aforesaid, to the utmost of our power, we herein' })ledge ourselves to each other and to our ieliv/w -subjects throughout the Empire.'' An address was also issued by tlie constitutionalists at Montreal sliortly after the al)oye from Ouebec. I a t ; n TO MEN OF DIUTISII OR IRISH DESCENT. Fellow €ountrvnien, '' iMigaged in a contest, the result of which must be felt throughout the Provinces of British America, we, your o})pressed ])rethren of Montreal, solicit your attention to a brief and temperate exposition of our principles and grievances s siihjc'L'ts C'd. tiiU?i«i; , do lit'ic- Lssocintion 'cliir.ilioii, l\\v duties Sovcrciiiii d Irt'hiiid, oujiifiti" lo rcnc'cvs or itoviT iia- lic rinhts, s, civil or 1 niav bo • ' entitled, ^■('riiiiRMil If IT I V lor ^vitli our security erlv and IJrllisli bresnid, j)Ied«i;e subjects ionah'sts bee. must be c;(, we, it vour of our i (.\)iuicclc'd with vou bv identity of orij.»;in, bv r»' coiunuuiitv of feeliuLi', bv nalioniil recollections, and 'n' )V one couunoM ujterest, \\\ Ibis the bour ot daim \vv look to vou f!)r su|)|)ort. *' Till- population of Lower Canada, lieten*; 'eneous in its cli;u"acter, coniprebends two distinct cliissi's — a niaioritv of b'rencb, and a minority of llrilisb des- cent — ;aL>:ed in aj^ricultiu'al ])nrsuits is, tlu^refore derived exclusively from the few educated « individuals scattered amonu; them, who speak the same lan_L>;ua«i:e, and who ])ossess the means of direct- inp; public oj)inion, exeuipted from those salutary checks which education alone can bestow. "Tlie persons who wield this mighty power arc, generally s])eakin<2; seipiiors, lawyers and notaries, of French extraction, all of whom as will be shown liereafter, have a direct and selfish interest in main- tainlna; a system of feudal law, injurious to the conn- try, and l)earino; with peculiar severity on British interests. "Om- endeavours to procure relief have been rcpre- i;2 * I 8} ^) '* i^ til'- Chap, sentcd as an overt attack upoxi the customs and in- .^ ^^stitutions of the Province ; national ])rejudiccs liave 1884. been called into action, national feelings excited, and a French niajority, ignorant of the nature of the contest, is now arrayed against a Eritish minor- ity, " Passing by the petty vexations of the feudal ten- ure, such as the seignior's right to call for the title deeds of every vassal ; hisexchisive right of grinding the grain of his seigniory ; his right to assume any property within the limits of his seigniory, on reim- bursing to the purchaser the cost of his accpiisition ; and other claims of a servile and arbitrary character incident to feudal law ; we proceed to the subject of the more grievous burdens by which we ai'e op- . pressed. "Throughout the seigniories of Lower Canada, within the limits of which are comprised the cities of Montreal and Quebec, ujxm the sale of real property the feudal Lord extracts from the purchaser a fine e(|ual to one-twelfth ])art of the price — a claim wliich recurs with each successive sale ; thus every person who clears, or otherwise improves a farm, erects a building, either iii town or country, or in- vests capital in landed estate, bestows one-twelfth of his outlay on the seignior, whenever the property is brought to sale. "This odious law, so injurious in its effects, readily explains why this fine Province, although richly en- dowed by nature, is so far surpassed in the career of improvement by neighboring Provinces and States. " From the want of a bill for the registration of niisition of real property, the validity of a title a( cannot be -iscertained except by a course of expen- sive proce. lings through Courts of Law, but secret incumbran- es may still exist, unaffected by that pro- cedure, for whose discovery no means are afforded ; 85 hence the difficulty ol' borrowing money on niorl- Chap gage, and the fre([uent seizure and forced sale of ''^^^• real estate. 1834, "The profits which accrue to the seignior from this state of things are obvious ; and the interest of the French lawyer and notary in maintaining a system of law that fosters litigation and produces corresponding expense is e({ually intelligible. "Such are the considerations which govern a party exercising a paramount influence in the House of Assembly : and thus it is that British liberality which conferred upon the French population the elements of free government has been perverted by designing and interested individuals to the means of retaining laws adverse to national prosperity and to the spirit of free instituticms. " The repugnance of Britons to a slavish and anti- quated system of feudal jurisprudence has drawn upon them the undisguised hostility of the French party ; an hostility which his been manifested by attempts even of a legislative aracter to check emi- gration from the British Isles, and to prevent a per- manent setdement in the Province of that class of His Majesty's subjects, whom they have invidiously described as of 'British or Foreign origin.' "The most prominent of these enactments, and the most unjust, is the imposition of a tax on British emigrants, and British emigrants only, in violation of the most sacred rights we inherit from our fathers, and contrarv to the best interests of the Province. " They have denounced, as a mischievous monopoly, a Land Company, established for the purpose of settling, with a British population, lands which, by their distance from a market and want of roads, would otherwise be inaccessible to individual enter- prise ; wilfully overlooking the fact, that the im- mense tracts of land still held by the Crown, and offered for sale, in small parcels, at low rates, secure 86 Chap. XXXV. 1834. the advantages of coinj)etitioii, and will prevent the Company Irom using its privileges to the detriment of the eomnuuiity. " In the formation of eounties for the eleetion of •representatives, the townships, which are held by the tenure of free and common soccage, and are therefore the natural resort of British settlers, have been divided into counties, accordinu; to the actual • • ... population, without making any provision for their fu- ture growtli, although the territory thus parcelled out is of much larger extent than the French sei- gniories ; so that were the respective sections of the Province peopled in proportion to their productive powers, a majority of British constituents would re- turn a minority of representatives. " They have excluded co-tenants and co-proprie- tors from the elective franchise, as being genernllv Brito?is, whilst to co-heirs, as being chiefly French, the right of voting has been carefully secured. " The qualification of magistrates, of militia officers and of jurors, is made to depend upon real estate ; the possession of which, in properties of limited value, is generally confined to Canadians, whilst Britons, whose capitals are more commonly embarked in commercial and manufacturing pursuits, are virtu- ally debarred from those offices and public trusts; thus confiding our liberties to the discretion of a body of men, the greater number of whom are devoid of education, and have been taught to regard Bri- tons as tlieir natural enemies. " Their abuse of power and contempt of enlightened public opinion, (confident in the support of an un- lettered French majority,) are exemplified by their proceedings in the House of Assembly. AYe have seen Mr. Christie expelled from successive Parlia- ments, despite the remonstrances of the disfran- chised electors of Gaspe, and contrary to every prin- ciple of a representative government — Mr. Mondelet ¥ 87 revent tlie (Ictriment election of i held by , and are lers, have :he actual r their tii- parcelled •ench sei- )ns of the >roductive would re- ►-proprie- gencrp.lly i French, ed. ia officers 1 estate ; led value, Britons, irked in t'e virtu- trusts ; >f a body \ devoid I'd Bri- !;htened an un- )V their 'e have JParlia- |lisfi-an- prin- )ndelet expelled by a forced construction of an illefyal reso- Chap, lution, a construction, from which the framer of the ^^^' resolution declared his dissent ; and contrary to the i834, precedent in the case of Mr. Panet, who under like circumstances, was ])ermitted to retain his seat — The AW\st Ward of ^Montreal, containing a majority of independent British electors, disfranchised for two years — a jiretended enquiry into the melancholy riot of the 21st of May, 1882, where individuals were pronounced guilty before the examination of a single witness ; and where, in violation of a solemii pledge, and of common justice, the evidence for the prosecution was sent forth to the world without any evidence having been received in defence — public monies misapplied under resolutions of the Assem- bly, without the assent of the co-ordinate branches of the legislature — the contingent expenses of the Assembly char<2;ed with a salary to Mr. Vi":er, ori- ginally of £1000, but gradually increased to £1700 per annum — a sum so disproportionate to the ser- vices rendered, as to justify the conclusion, that the vote itself was a convenient pretext for the secret misapplication of Provincial funds ; and, their dar- hig contempt of all public and constitutional prin- ciples during the last session, and on the eve of a dissolution, in attem})ting to conmiit a new Parlia- ment to the reimbursement of the expenses attend- ant up(m the convening of public meetings through- out the Province, avowedly for the purpose of influ- encing the general election. " The laws governing commercial transactions in- troduced from ITrance, remain as they were at the con{piest. Applications to the Assembly for a bank- rupt law, and other modifications of the existing jurisprudence, suited to the altered circumstances of the country, have been uniformly neglected, and we continue subjected to the uncertain and ill defined provisions of a body of laws long since repudiated in that France, whence it was orip;iualIv derived. I 38 |: I if f i 11 1. 1 ■■:;!■ Chap. "The Provincial banks called into existence by XXXV, r^^^^ of the Provincial Lemmeiided Qtereourse ctcd upon ^hieh thev party in ied ill at- acy in the emporary ortaiit in- by ISer- ies of all voted by anization Judges ments of nted by 'ests are replace ne same respects ! which against ostile to loyed to he Em- ^^ Our op])osition to this extension of the elective Chap, principle, dictated by ])rcservation, has been falsely J'''^^- rej)resentcd as an opposition to libcnd institutions. ^834 Accustomed to see in the neighboring States the mild tolerance of ccpial laws, and a constitution in its esseutial features apj)roximating to our own, we are not of those who startle with alarm at the name of a republic, or view their institutions with jealousy or distrust. With sentiments of generous pride, we re- cognise the lineaments of kindred blood and national character. Sensible of the benefits derived trom (nn* connexion with the parent state, and ardently attached to the land of our fathers, we view with grief and indignation, proceedings, which, if not successfully resisted, will leave us no choice between a change Avhich w^e deprecate, and a submission to French oppression. " It were an insult to the understanding to dwell upon public opinion, as expressed by a population destitute of the advantages of education, as the mass of the French population in this Province has been sliewii to be, and we regard with blended feeliugs of indignation and contempt, the affectation of the leaders of tlie French party, of the character of lib- erals and reformers, whilst they have sedulously fos- tered a svstem of feudal exactions and feudal servi- tude, which invest a privileged class with more ar- bitrary rights than the nobility of England, widiout the plea of hereditary claims to legislative honors. " Numbering in our ranks many who, both in Britain and in Ireland, were foremost in the cause of reform ; independent in our principles ; uncon- nected with office ; of all classes and of all creeds ; bound tojjiether by the endearing- recollection of a common origin, and the powerful sentiment of a common danger, we are ])repared to resist to the ut- termost the efforts of a party, 'Avhich, under the specious guise of popular institutions, would sever J ! 40 r • :' i Chap. XXXV. 1834. ■4 t I I wisdom i'roni power, and respect from intelligence, and consign ns to unendnrable bonda<;e. " Cherishing sentiments of l)ccoming respect for Ilis Majesty's government, and correctly appreciat- ing its many efforts to advance onr prosperity, the task we have undertaken to perfjrm requires, never- theless, that we should explicitly declare our opin- ion, that the evils w^hich oppress us have been aggravated by the various and temporising policy of succcessive administrations. The destinies of this important Province have been confided to Colonial Secretaries, ignorant of the state of parties in the Colony. Entering upon office without a competent knowdedge of our affairs ; rel^"- ing for information upon a House of Assembly, con- stituted as that body h;is been shew^n to be ; alter- nately making imwise concessions or attempting to enforce unwise principles, and not unfrequently re- tiring from office at a time when experience woidd have enabled them to act with becoming judgment and decision , the tendency of their measures has been to compromise the dignity of the Home Gov- ernment and to confer a sanction uj)on the preten- sions by which our interests are assailed. " We are not insensible to the just grounds of complaint arising from the inefficiency of the Exec- utive Council, and the feeble claims which that body possesses to the confidence of the community. " We camiot recognise just principles of govern- ment in calling to a seat in one of the Councils, a clerk or subordinate officer of the other ; and al- though the Legislative Ccmncil, as at present con- stituted, commands our respect as possessing a majority of independent members, w^e consider that it yet contains too many persons holding dependent situations under the Crowai and liable to be acted upon by luidue influence. " The accumulation of offices in the family and 1 f:| 4L ell igcncc, ?spect for ip])rcciat- •crity, the cs, ncvcr- oiir opin- lavc been ; policy of lave been it of the pon office lirs ; rel^'- nbly, con- be : alter- nipting to iiently re- ice would judgment sures has ome Gov- c preten- rounds of he Exec- lich that iimunity. govern- ouncils, a and al- sent con- fessing a ider that Dpendent be acted nily and \ ei^ ',i'i \ f » connection of a hvuhng nieinbcr of the Legislalive Council, deserves to be held up to public reprehen- I'ion. "' The irresponsible manner in which the Land granting- Department is conducted, the salary dis- projiortioned to the duties ])erf()rmed, which is at- tached to the office, and other abuses connected with the Woods and Forests, demand revision. " To the redress of these abuses, and to all other reforms, based u])on just ])rinciples, we offer the most strenuous siipport, and we, deliberately and with confidence submit this exposition of our prin- ci})les and grievances, in order that our fellow- countrymen maybe enabled to judge of the sincerity of the respective parties in the Province,^ by con- trasting })rofessions with facts. " The subject of this address cannot fail to sug- gest important reflections connected with the social and political relations of the country. Of what the future will disclose we can offer no conjecture. Recent events have roused us to a sense of impend- ing danger, and the British and Irish population of Lower Canada are now united for self-preservation, animated bv a determination to resist measures, waiich, if successful must end in their destruction. Shall we, in this, the country of our adoption, be permitted to find a home ? or shall w^e be driven from it as fugitives ? " Strong in the sympathies of our fellow country- men in the Sister Provinces, injury cannot be in- liicted upon us, without affecting them ; and the French party may yet be taught, that the majority upon which they count for success, will, in the hour of trial, })rove a weak defence against the awakened energies of an insulted r.nd oppressed people. '' By order of the Committtee appointed at a ])ublic meeting of the inhabitants of Montreal, held on the 20th of November, 1834. (Signed) JOHN MOLSON, Jim. Chap. XXXV. 1834. 42 ^1! iti- ' Chap. XXXV. The oHicial cinsscs, iiu.liKliii|i; tlic Judges, who had siiflercd much iiiconvonieiu'c from ihj v.ithlioldiiig of the su])piies, were this autuiuii p;irti:i!Iv relieved 1)V {111 advauee from tlie military ehest (^^i;^]l,000 sterling, by order fi'otn the goveriimeut at home, to- wards part payment of the arrears due them.'^' This * " D()\vniiig-3trec't, 27tli ^ept. 1834. " My Lord, — I h;ivo tlio hoiioi- to uofjiiiiiut yoni' Lordsliij), tliat His Majcsty'rt .i^ovoniiiieiit bL-iiii^ ti'lly uwuio of tlie oxtit'iiui iii<'ou- venioace to wliicli oui'govevnnR'ut luis necessiU'ily been exposed by tbeluilui'e of tlie Supj)ly IJill for tbe yetii' 1H;]3, andby tlie absunce of any proviriiuii for the expenses of the public service for the i)i'e- Beiit vear, have had \mder their most serious consideration the steps Avhieh it would be must desirable to adopt with the view of relieving you from a state of embarrassment. "The most gratifying termination to this state of things that can be anticipated is inicpiestionably the settlement of the finan- cial differences of tlie l^rovince in a manner satisfactory to all parties, and such as may meet the reasonable views of His Ma- jesty's subjects of all classes in Canada. This 3u])position is one which it is my most earnest desire to realize, and to its accom- plishment the most anxious endeavors of the Government are uoav directed, liut in the interval which must occur before these dis- cussions can be brought to a close, I am bound injustice to those who fill public situations, to consider the privations and hard- sliips to which they are subject by the delay which has taken place in the ])ayment of their salaries, and to devise some im- mediate means for providing funds for their relief. Nothing but the unprecedented nature of the call would justify the Govern- ment in having recourse to such a measure, especially since (as your Loj'dship is aware) there is a sum amply sufficient to meet the demands on the public chest, but which cannot with propriety be appropriated imtil a supply bill has been passed by the Assem- bly. It is under these peculiar circumstances that it has been determined by His Majesty's government to authorize an advance to be made from the military chest, not exceeding the sum of £31,000, being the auTounf required to defray the services of tJie year 1833. I do not menu i^) direct these payments to he m;ule in all cases, for it would be unquestionably more advantageous in many respects that a course of proceeding, only to be justified by inevitable necessity, should not be resc^rted to. But my inten- tion is to vest in your Lordship, under the responsibility of His Majesty's Government, an authority to meet such extreme c;;>e3 of pressure as may require your interposition, and iiia.y not admit of delay till the entire question is disposed of, by a temporary advance from the extraordiuury fund of the Mother Coimti'}-, giving this relief in a manner which does not prejudice any of the points under discussion, and feeling couviuced that out of the sup- [;-} ;es, who had v.ithlu^kUu'j^ illv rcHcvecl It liomc, to- lem. •X- Tliis h Sept. 1834. Lordisliij), that oxti'cmo iiioiiu- L'eii exposed by by the absence iet' for tlie pre- ri^ideratiou the itli the view of ! of things that nt of the finaii- sfaetoiy to all Avs of His Ma- :)p.)sitiuu is one id to its aoeom- •unieiit are now efore these dis- justiee to those ions and hard- ieh has taken vise some im- , Nothing hut •f the Govern- ially since (as ieient to meet with pi'o2>''iety by the Asseni- it it has been ze an advance ig the sum of ei'vicos of the s to 1)0 made advantageous to be justified But my inteu- ibility of His extreme ciises lay n;)t admit I tempoi'ary her Counti'y, ee any of the ut of the sup- "M partial rcHct' mitifralod tho distress, l)ut it irritated Chap. XXXV. the oppoiiCMits ot'thc ;rievancc. On the eve of the new year, the mayor and town- conncil of(jnc])ec, witli singnhu* indehcaey, took into consideration the ])r{)priety of j)ayin<2; tlie usnal com- phment of a new-year's visit to the Governor-in-Chicf, and decided in the nej^ative. The Asiatic clioleni this summer again visited Ca- nada, scoiu'ging the cities of Qnehec and Montreal with e([ual if not greater severity ihau in 1832, as well as the principal towns in the U])per Province. The new parhament,"'^ (the last of Lower Canada) plies which I trust will l)e voted by the Legislature of Lower Canada this advance will be cheerfully repaid. " You Avill, upon the meeting of the Legislature, take the ear- liest opportunity of making the two Houses acquainted with tiie course which His Majesty's government have felt it necessary to adopt; and I entertain a confident expectation that the linancial coiulition of the Province will receive from the Legislature that attention which its paramount importance demands. " I have, itc. (Signed,) "T. Spring liicE. " To Lt.-Genl. Lord Aylmer, etc., etc." * House ov Assembly. The figures after the names, denote the number of times the mer.v bers had served previous to the last election. Tiiose to Avhose names are prefixed f were not of the last Assembly. Speaker, ; Bonaventure, E. Thibodeau, (L) and f J. F. Deblois ; Gaspe, "VYm. Power, (2.) and Jean Le Boutillier, (1.); Jilmouakl, Louis Bcrtrand, (1.) and f J. Bte. Taehe ; Kmnou- rasl-a, Amnble Diouue, (L) and f I'ierre Canac dit Marquis ; L'Met, J. J]. Fortiu, (9.) and J. C. Letourncau, (2.); BdlcchaHnc, N. Boissonuault, (a.) and A. K Moriu, (2.); Borclws/n-, | J. B. Beau- douin, and Jean Bouffard, (1.); JJeaacc, Ant, Ch. Taschereau, (1.) an I Pierre Elz. Taschereau, (1.); Jlcffanfic, f John C Clapham ; Lotbiniere, Louis Methot, (1.) and J. IJte. Isaie Noel, (L); Nicolct, Laurent Bourdages ; J. Bte.'^Proulx, (4.); Drummond, Ed. Toomy, (1.); S/icrbrooke, l]arth. C. A. Gugy, (1.) and f John Moore; Stan- 1834. II! I 44 Chap, met on the 21st February, 1835, and the Asseinljly, XXXV. liaviiifi; re-eleeted ^^r. Vapineaii tlielr speaker, by a 1836. xtridl, Milieus (Miihl, (1.) and f John Ch-imnis; Yoinnska, L. G. do TiiMiui'icour, (1.) and f iMhmind 15. O'Ciilhit^lian ; St. Jfi/aruif/ir, Loi'ls li. Blaiii'liard, (1.) and f 'I'hmnas iJoutliillu'i- ; lioiiri/ dr \\'i/i. JIi ttri/. ■\ .IdliM I'ickic ; lilc/ir/liii, .laciiuc.-' Dorion. (1.) and C. C'. S. dc llh'ury. (1.); /ionirniru\ J. Moiso Raymond, (:!.) and \ Jns». N.(\irdi- \M\.\\ Ai'ddir, C\ (). C'dtc, and -j- Monitt liotc-likiss ; Jlranlutrnoi^i, Chns. Arc'hand)ault, (1.) and .Ia(.'ol> DoAvitt, (1.); Cotntedr Montnol, Lonis J. Pa])in('au, (10.) f ConioSeiapliiin Chcrrici'; V!//r dr Motif- rfd/, (]"ist.) J. Leslie, {'2.) and f Josejjh Uoy ; Mile de Montreal, (O'U'st) L. J. Papinoau, (10.) and f Robert N'elsou ; VandreHil, Char- les Roehon (lit Laro('(iue, (1.) and f C. O. iVrrauU; Onfoouata, f Baxter BoAvnian, and )■ James Blaekhm-u ; J)ihx Moutivinrs, Wni. Henry Scott, (2.) and J. Jos. (Jirouard, (1.); Terrebonne, L. 11. La- I'ontanie, (2.) and f Ser. Roue; Laelwiaie, F. Courteau, (2.) J. ^I. Roehon, (2.) ; JJAfisoDtption, Ed. Et. Rodior, and f J. R. Meilleur ; Brrthbr, Jaecivies Delijjfny, (<>.) and Alexis ^Nlousseau, (4.) Salnt- Jfaiir!re, Pierre Ruroau, (5.) and A'alerc Onillet, (1.); JJotirr/ des Trois Jilriercs, Di-. Jos. Rene Kimber, (1.) and f Ed. Bernard ; ChampUun, 01. Trudelle, (1.) and R. A. Dorion, (1.); Portneitf, F. X.Larue, (:{.) and H. S. Hiiot, (1.); Cointe. de Qitchec, Lon"is T. Bosserer, (1.) and f Jean Blanehet; Haute Ville de Qiicbee, •(■ Rene Ed. Cai'on, antl f Amable Berthelot ; Basse Vlllc dc Qvebec, Geo. \'antelson. (1.) and f Hypolito Dubord ; Orleans, J. Bte. Casault, (1.) and Alexis Godbout, (1.) Jfontmorenei, Elzear Bedard, (1.) Saynenaii, Andi'e Simon, (1.) Xavier Tessier, (1.) c Lkgislativk CorxciL. Tlie Honorable Joiiuthau Sewoll, Chief Justice of Lower Ca- { nada. Speaker, Hon. ct Rt. Rev. C. J. Stewart, Lord Bishop of ! Quebec, Tiie Honorable John Hale, Sir John Caldwell, Bart., ;ay»iJ W. Ryland, James Cnthbert, Charles. Wn^i. Grant, Pre. Horn, i ^ Debartzeh, Thomas CofKn, Roderieic Maekenzie," Lewis Gugv, W. i B. Feltvtti, Matthew Bell, John Forsyth, John Stewart, Toiissaiut Potliieiy Samuel Hatt, Denis B. Vif,'er, Louis Guv, Geoi'ge Motfatt, Kocli dp St. Oui-s, Pet(>r McGill, John Molson, M. P. de Sales La- terriere, Frs. X. Malhiot, Jean Dessaulles, Barthelemi Joliette, Pierre de Rocheblave, Robt. Harwood, Ant. G. Couillard, Robert Jones, James Baxter, Frs. Quirouet, Joseph ?J sson. j*^ /*»'>' Jones, James Baxter, Frs. Quirouet, Joseph Executive Council. The Honorable and Right Reverend C. J. Stewart, Lord Bishop of Quebec, The Honorable William Smith, C. E. Chaussegros do Lery, A. W. Cochran, John Stewart, Dominique Mondelet, Hugues Henev. \ :i 45 i Assembly, )cakc'r, by a uix/cd, L. (!. (Ic S/. J/i/(tclii//ir, I>(>in'(f (/r IT///. l.)i>M*.lC. C. S. rirnv M. TJar- s; J//,s'.(i it cxpcdicMil now lo ca XXXV. uiult'rtlu" apprclitiision tliat the public service mit;ht he exposed to serious iiicoiivenieiice hv furtlier delay. *' I have received iVom His Majesty's «j;oveniiueiit, ofKcial iiitormatiou of the [)assa^'e of a l)ill in tlie Imperial Parliament relatiii};- to the Post Office De- partment in His Majesty's dominions in North Ame- rica ; and 1 received at the same time the (h'aft of a hill in relation to that dej)artment to he submitted to your consideration, which shall be done at an early period of the present session. " IVeyious to the openinrious inconvenience ; and His Majesty's govenimciit feel convinced that out of the supplies \vliichthey trust \viil he voted hy the Ijcgislatnre of Tiower Canada, the advance from the military chest will l)(» cheerfully repaid. ^'' (rc)iUi')ii( II (if flic Tfonsr of A.sscw/.fi/^ "• I recr.inmend to your early I'onsidoration the expediency of making ])rovisi()n for the repayment of the advance made in j^ursuance of the instructions of His Majesty's government, from the military chest, e(pial to the sum of thirty-one thousand ])ounds ster- ling, which advance has heen ap])lied to services which are al)sohitelv necessary in carrviny; on the ordinary administraiioi; of justice and other indis- pcnsa])le operations of goyernmenl. " The accounts of the expenditure of the year end- ing 10 th Octoher last, and an estimate of the expenses for the cr.rrent year, avIH he laid hefore you at an early jicriod o^thc session. " Goiifrwrn of the Lrfjislalire Oofnin'/, " Gcntlcmf)! of the House of Assemhlij^ " I have now only to recoiiunend to you to proceed with diligence in the discharge of your important duties as legislators, and to express my earnest desire that the present Parliament, which is now assemhled for the first time, may hereafter he distinguished for thehenefits conferred hy it on the Province. " Before proceeding to business. His Excellency's speech in proroguing the previous session was taken into consideration, and the following resolutions were passed on the subject : — *' Resolved, That any censure of the proceedings of this House on the part of another branch of the Legislature, or of the Executive government, is in violation of the statute in virtue of which this House 835. 48 ! ti' XXXV. 1835. Chap, is constituted, an infringement of its privileges which they cannot dispense witii protesting against, and a dangerous attack u{)on the rights and hbcrties of His Majesty's sul)jects in tliis Province. " Resolved, That that part of the speech of His Excellency the Governor-in-Chief addressed to this House on the 18tli ot March last, at the close of the hist session, and which relates to the petitions ad- dressed by this House to His Most Gracious Majesty, and to the two Houses of Parliament of the United Kingdom, on the state of the Province, complaining of grievances and abuses which exist in this Pro- vince^ and indicating the means of remedying the same, is a censure on the part of the head of the Executive of this Province, of the proceedings of this House, which had acted as an equal l)ranch of the Legislature, for divers good causes and conside- rations to itself known, for the benefit of His Majes- ty's subjects in this Province and of his government therein. " llesolved, that the said speech be expunged from the Journal of this House. In the Address in answer to the Governor's speech it was observed : — "We regret in common \\ith Your Excellency, the failure of the supply bill which passed this Plouse in the session before the last. Last year the proceedings of this House were founded on the ancient practice of Parliament, and on the spirit of the Constitution itself, and on other considerations known to this House, for the benefit of His Majesty's subjects in this Province and of his government therein. We v/ould regret that His Majesty's government should have resorted for defraying the expenses of the Civil Government and administra- tion of justice to the application of any funds levied in this Province, which are of right and ought effect- ually to be under the control of this House. We 49 privileges ig Mgainst, d liberties 'eh of His ed to this ose of the itioos ad- ^ Majesty, le United niplaining this Pro- dying the ad of the eedings of branch of d considc- 3is Majes- i)verninent nged from r's speech scellency, ssed this ast year ed on the spirit of derations [Majesty's ^ernment lajesty's lying the Iministra- ds levied t effect- ee. We XXXV. 1835. %Tould also regret that any otiicr funds should have Chap been applied to the same purpose without the votes ' if this House, thus destroying the wholesome and eon-"" 1 1 stitutional influence which the people ought to have ' through their n^presentntives over every branch of the Executive government. Wc hovvcver defer r.ny further comment, in the hope that the communica- tions which Your Excellency was pleased to announce, will render full justice to this House. Our determi- nation on matters so essentially connected with the interests of our constituents and the pccidiar pri- vileges of this House, shall not fail to be guided by what we may conceive to be the constitutional rights of this branch of the Legislature, and for the welfare of the Province. We shall also receive with the same views the estimate of the expenses for the current year, which Your Excellencv is pleased to sav will be laid before us at an early period of the session. ^' We beg leave to assure Your Excellency that this House is ever disposed to apply itself with the utmost diligence to the discharge of its duties as represen- tatives of the people, to whom we are to return to partake in their lot. "It is in that solenm capacity, and after a recent election, that we think it our duty respectfully to declare to Your Excellency, that the great body of the people of this Province without distinction, con- sider the extension of the elective principle, and its introduction into the constitution of the Legislative Council in particular, the full and unimpeded en- joyment by the Legislature of this Province and by this House of their legislative and constitutional rights, and the reparation of all grievances and abuses, as essential to the wants, condition and happiness of His Majesty's faithful Canadian subjects, and neces- sary to strengthen their confidence in His Majesty's government. We also most respectfully pray Your Excellency to be pleased to convey to His Most / i] M 1 h . i IB ' HI ' li wS ' 11- fi i in ti li 50 Chap. Gracious Majesty this our humble but firm opinion, XXXV. gQ ti^at His Majesty and his parliament may remove 18S6» ^^^ causes which have impeded the prosperity of the Province, and secure for the future the welfare and content of its inhabitants under the government of His Majesty. With this address, the Assembly waited upon His Excellency, who drily answered : — " 3Ir. Speaker, and *' Crentlemen of the House of Assemhhj, " It has been my custom, as well as that of, I be- lieve, all my predecessors in office, to transmit to the Secretary of State for the Colonial Department, a copy of the Address of the House of Assembly in answer to the Speech of the Governor, or person ad- ministering the government, at the opening of each session, and this shall be done in like manner in the present instance." Before the presentation of the above had taken place, an address to the King had been agreed upon in committee of the whole House on the state of the province, and was concurred in by the house. It was as follows : — " To THE King's Most Excellent Majesty. " May it please Your Majesty, " We, Your Majesty's faithful and loyal subjects, the Commons of the Province of Lower Canada, in Provincial Parliament assembled, most respectfully approach Your Majesty to expose : " That during the last session of the Imperial Par- liament, the Commons of the Province of Lower Canada, in the name of the people whom they repre- sent, approached Your Majesty by petition, dated from Quebec, on the first day of March, one thousand eight hundred and thirty-four, setting forth the griev- ances which the people of the said Province suffered, arising out of the vicious principles upon which their \ i 51 opinion, V remove :ity of the jlfare and rnment of upon His t of, I be- ;mit to the irtment, a sembly in person ad- ig of each ner in the had taken reed upon tate of the louse. It TESTY. |l subjects, lanada, in ispectfully )erial Par- of Lower ley repre- lon, dated thousand the griev- suffered, [hich their political institutions are based, aggravated by a series Chap, of ar])itrarv administrations to which the Province ^^^"^^ has been subjected. I835. " That the enquiry which was instituted 1 eforc a select cotumittee appointed by the Honorable the House of Commons upon Canada affairs, 011 the loth of April, one thousand eight hundred and thirty-four, induced the people of Lower Canada to hope, that not oniv would the prayer of their petition be listened to, bat that the grievances therein set forth, whicii vour petitioners have reason to believe were fullv supported, would be immediately redressed. " That this hope, whicli your petitioners cannot deem unreasonable, was still further strengthened by the retirement of Your Majesty's late Secretary of State for the Colonies, the Right Honorable E. G. Stanley, and the subsequent appointment of the Right Honoraljle T. Spring Rice, the more espe- cially after the repeated declarations of the Right Honorable the Secretary of State for the Colonies, that Your Majesty's government was actuated by the strongest desire to render justice to the people of this Province, by removing the various abuses under which they suffer, and affording to them security against the recurrence thereof. " That your petitioners, however, regret to state that not only does the said petition of the Commons of Lower Canada to Y'^our Majestv, seem to have been totally neglected, but that new abuses have been in- flicted upon the people of this Province, which, if not speedily removed, will tend to increase, to an alarming degree, the discontents which have so long prevailed, and will ultimately alienate the affections of the people even from the government of England itself. '' That among the additional grievances of which the people of this Province have to complain, your petitioners would invite the attention of Y^'our Majesty 52 1 ii I ii I Chap. XXXV. 1885. to the fact, that His Excellency Matthew Lord Avl- nicr, is still continued in the government of tl ns IVovince, after having hecn formally accused, in the aforesaid petition, of 'illegal, unjust and imconstitu- tional conduct,' and after having borne himself to- wards the representatives of the people of Lower Canada, in a manner insulting to a body intrusted with legislative functions, and destructive of the respect which should be due to Your Majesty's re- presentative. " That the acts of the Governor in Chief, of which the people of this Province have still to complain, were, for the most part, enumerated in the aforesaid petition to Your Majesty ; that since that time, the vindictive and bitter fcelino;s, toi>;ether with the arbi- trai J and unbecoming conduct which His Excellency has displjiyed towards the people of this Province, have created an universal feeling of discontent to- wards His Excellency's administration. '' That among the just subjects of complaint against the present administration of this Province, the sys- tem which is exhibited in the distribution of offices, necessarily holds a conspicuous place ; that the chief recommendation to office continues to be a display of marked and bitter animosity towards the majority of the people of this Province ; that it is seldom men of French Cxnadian origin find their way into office under any circumstances ; but when they are ap- pointed, it is not until they have alienated themselves from the sympathies of the people, and allied them- selves with the factious minority opposed to the wishes and interests of the country ; and that even the sacred character of justice has been recently pol- luted in its source, by the appointing to the high office of Judge of the King's Bench for the district of Montreal, a man who was a violent and decided partisan of the administration of the Earl of Dalhousie, and the declared enemv of the laws which he is S 53 ord Ayl- t of this d, in the constitu- mself to- )f Lower intrusted c of the csty's re- of which complain, aforesaid time, the the arbi- Ixcellency Province, antent to- nt a2;ainst the sys- of offices, the chief display of ajority of m men of iito office are ap- lemselves ed tliem- d to the hat even ntly pol- the high e district decided alhousie, ich he is sworn to administer ; and also by the appointment of Chap, a great number of conmiissioncrs for the trial of small ^'^^^• causes, in different parts of the country, intentionally 1^35. selected on the eve of a general election, from among the notorious partisans of the present administration. " That another cause of complaint whicli has arisen since the aforesaid petition of the Commons of Lower Canada to Your Majesty, is the culpable indifference betrayed by the Governor in Chief on the subject of the frightful ravages committed by the Asiatic cho- lera, during the last summer ; that a few days after the existence of the dreadful scourge in the city of Montreal was ascertained, the Corporation of the said city, in accordance v,ith its strict line of duty, passed a series of resolutions, authorizing an application to the Governor in Chief, for an extension of the quar- antine regulations to the port of Montreal, and for an aid for the purpose of forwarding the destitute emigrants to their destination ; that the answer of the Governor was more than a bare refusal, — it was marked with coolness and insult ; that your petitioners are firmly of opinion, that the virulence which the disease subsequently assumed in the said city of Montreal, would have been considerably mitigated, had the head of the administration com})lied with the prayer of the Corporation ; and that the ])eople of the country generally, and more especially the surviving relatives of tlie one thousand three hundred victims who died in Montreal, and of the thousands in the Province who have fallen victims to the dis- ease, look u])on the conduct of His Excellency as one of the principal causes of their suii'ering and bereave- ment. " That since the aforesaid petition of the Commons of Lower Canada, Your Majesty's gv.vernment in op- y)(>s!tion to the prayer of the said petition, as well as to the numerous representations on that subject sub- n-itted to Y'^our Majesty by the House of Assembly, 54 1 ■ i 1 I 'ii i H ^ '1 1 i ffl il 1835. Chap, and by several of Its authorized aujcnts, lias sanctioned XXXV. ^]j(^, j^j^jj. of hinds l)elon; the title of the ' British North American Land Company ;' and your ])etiti()ners also have reason for believing that Your ^lajesty's gov- ernment have, likewise, sold to the individuals afore- said, extensive tracts of land belonging to this Pro- vince, and thereby have taxed this colony, contrary to the most important and indisputal)le of the birth- rights of British subjects, which were more particu- larly acknowledged, and confiraicd to colonies with local legislatures, by the faith and honor of the British Parliament, pledged by the declaratory act of one thousand seven hundred and seventy-eight, the violation of which principle recognized in said act, led to the rightful and successful resistance of the former British colonies, and dismemberment of the British empire. That your petitioners, viewing w^th alarm such an encroacliment upon their political pri- vileges, would feign believe that it has been made without considering their constitutional rights, and the provisions of said declaratory act; that your pe- titioners, nevertheless, solemnly protest against this violation of the most sacred rights of the ])eople of Lower Canada, and pray Your ]\Iajesty to reconunend to your parliament the immediate repeal of the act passed in favor of the said land company ; that your petitioners liave reason to believe that tlie said tax is now being paid into the colonial chest of this pro- vince, for the disposal of the Executive, without tlie sancticm, and in defiance of the expressed will of the Commons of Lower Canada; that your petitioners anticipate with fear, as a conse(jnence thereof, a frightful increase of corruption in this Province ; that in addition to the fears generated by this unconstitu- tional taxation, and the equally unconstitutional ap- })licati(Hi of the said tax, your petitioners foresee, ;uliar powders conferred on the \(r peci pOA oa auctioned to several sh North oners also ity's ^ov- lals afore - this Pro- contrary ;he birth - I particu- nies with )Y of the orv act of ?ight, the said act, ice of tlie mt of the wing with litical pri- een made ghts, and mr pe- ainst this people of L'onuncnd )f the act hat yonr Hid tax is (his j)ro- thout tlie rill of the Mitioners lereof, a ice ; that constitu- ional ap- foresee, Id on the Oompanv In qncstion, the destruction of the ])olitical Chap, independence of the people who i..ay unfortunately ^™^- become subject to its control, and who will be^^J^^ rendered basely sulJ^ervient to the said com])any. " That the continued dilapidations of the revenues of the Provhice, in direct violation of the constitution, are another source of alarm to Your Majesty's Cana- dian subjects ; that after the abandonment of the late Colonial Secretary's project to seize upon the said revenues by suspending an act which did no more than confirm to the Conmions of Low^er Canada a right previously recognized, without conferring any new privileges, Your Majesty's Canadian subjects did not expect o be so soon called upon to resist similar unconstitutional encroachments and dilapidations ; yet very recently the indisputable privileges of the Assembly have been again violated by the payment of the public servants, without the sanction or cogni- zance of the only body authorized to give such sanction. " That the people of the old colonies, now the United States of North America, however much they were agitated by attempts at unconstitutional taxa- tion, had much less to complain of on the score of executive usurpation, than the people of this Pro- vince ; the Assembly having repeatedly declared its fixed dete^'mination not to sanction that which it must ever consider a tyrannical violation of its rights, and which the people of this Province regard as a virtual dissolution of the constitution, and for the consequences of which your petitioners cannot an- swer. " That under these circumstances, your petitioners claim for Y'^our Majesty's Canadian subjects, Your Majesty's protection against these and similar acts of pillage, that Y'^our Majesty may and ought at once to ascertain, in order to bring to just punishment, those who authorized so criminal an assumption of power. i: ^i: Chap. XXXV. 1835. ■!■ 66 *' Tliat inasmuch as no session of the Provhicial ParhanicMit has intciTcncd since tlie date of the afore- said })eti(i()n of tlie Coinnions of tliis Province to Yonr Majesty, your ])ctitioners abstaiu from alhidinpj, at any Icnj^th, to tlie insuperable thfferences and the ever wideninjj; breach between the House of 7\ssem- bly and the Legislative Council of tliis Province, — differences springing out of tlie very constitution of the latter body : nevertheless, your ])etitioners carmot avoid reminding Your Majesty, that the aforesaid petition contained a prayer that the Legislative Conn- ed, as at present constituted, be abolished, and that the people of this Province be empowered to elect the second branch of the legislature in futnre, as the only means of producing that harmony, without which internal peace and good government annot exist. " That as an evidence that the people at large fully participate in the opinions of the majority of the House of Assembly, your petitioners take leave to refer Your Mnjesty to the result of the recent elec- tions in the said Province of Lower Canada, which avowedly turned upon the approval or the disap- proval of the elective principle, and which result is almost unanimously in favor of the saidprinci})le." * himilar addresses to the two Houses of the Ln- perial Parliament were drawn up and forwarded to Mr. Roebuck for presentation. The Governor was rccjuestcd by address from the Assembly to forward that to His Majesty, with which he readily complied. The Governor sent down, on the 3d of March, the following message : — " The Governor in CI lef in the speech with Avhich he opened the present session, recommended to the early consideration of the House of xVssembly the expediency of making provision for the repayment of a sum equal to thirty-one thousand pounds ster- ling, which, in obedience to the instructions of His * See at tlie end of tho Chapter an interesting analysis of this sub* ject, by Jacques Tiger, i.'sq., of Montreal. l1 1 57 rovlnclal lie albrc- vince to Lillu(lin<2;, i and tlie :' Asscin- »viiicc, — tiition of I's cannot aforesaid vc Coun- and that to elect :c, as the ut which t exist. irge fully ^ of the leave to ent elec- a, which e disap- result is plc,"^ the Ini- u'ded to nor was forward •mplied. rcfi, the this sub* Majest}^^\s government, had been issued from the Chap, military client, aiul applied to services whiclj are ^^'■- al.isoiulelv necessary in carrviau" on llie ordinary \^kq, adiiiinislralion of jjistice, and oUier indispensable operations of j^-oyeriiinent ; and he now transmits a detailed account ot'tiic disbursements of the fidvance so made from the military chest. It will be observed, thai thai advance has been appiietl to tlie licpiidation of the balance remainiuii; un])aid on accoimt of the estimate ibr the year endino- the lOlli October, 18-33, of the expenses of the civil :i) of 2lst Ju'l)rnary of the same vear, " llesolved, Tliat on the IStli January, 1884, Ilis Exeellencv, tlie ])resent (iov.'rnor in Chief, refused to issue his warrant to tlie Jteeeiver General authorizing the advanee in pursuanee of mi adch'ess ol' this [louse of a sum of I'TOCO eurreney, for the purpose of meeting the eontingent ex])enses thereof. " Resolved, Tiiat upon the said refusal, this House did, on the 21st Fel)ruary next follow^ing, resolve among other things, " 'fhat this House })os- " sesses of rio-ht and lias exereised within this Pro- *' vinee, when oeeasion has re(|uired it, all the pow- " ers, privileges and immunities elaimed and pos- " sessed by the Commons House of Parliament in " the United Kingdom of Great liritain and Ire- " land :" — " That from the year 17! >2 to the pre- " sent, advances liave eonstantiv been made to meet " the ex]ienscs aforesaid, on addresses similar to " that ])reseuted this vear bv this House to the " Governor in Chief, aeeording to ' ie practice adop- *' ted bv the House of Commons ; that an address " of this kind is the most solemn vote of credit " which this House can pass, and that almost the '' whole amount of a sum exceeding £277,000 has " been advanced on such votes by the predecessors " of His Excellency the Governor in Chief, and by liim- *' self, withont any risk having been incurred by any *' Governor on account o+'any such advances, though *' several of them have had differences, attended by '^ violence and injustice on their part, with the 1 1 l1 59 :o of the tions \\HB csiolutiou U of] lis s( sessions of ihu ^^"^^^ Provincial J/arhanient, and dnrin«j; the jircsent, this llonse lias incnrrcd debts to llie anioinit oi' more than «£10jOOO enrrency, in proenring the attenchuiee of witnesses and the j)ro(hietion of doeinnenls, Ibr the serviees of its niinisleria! ollicers, elerlvs and niessen- {i;ers, and Ibr printing, and other iiuUspensable and (hiilv expenses, I'orming the contingent expenses of this llonse, that the sittings of this llonse cannot be continned lin* a single day withont its contracting new debts for the same pnrposes ; and that this cir- cnmstance, aggravated by tlie impediment occasioned by the debts it has ah'cady contracted, renders it impossible llu* this llonse to meet its fntnre contingent expenses, and j)roceed to the despatch of bnsiness, so long as the Executive shall continue to refuse it means of so doing. " Kesolved, That ftir from having a right to im- pede the exercise of the rights and privileges of this House, and to impede its proceedings, the Governor in Chief is deputed by his Sovereign, is invested with great powers, and receives a large salary, as much for defending the rights of the subject, and facilitat- ing the exercise of the privileges of this House, and of all constituted bodies, as for maintaining the pre- rogatives of the Crown ; and that t( pretend to control or restrict this House with regard to its contingent expenses, which are the unti voidable result of its being called to meet in Parliament, is to subject it to the power of the Executive, and to confine its pro- ceedings to such parts of the public business as it may please the latter, under the pretext that such and such proceeding on the part of this House would occasion too great an expense. " Resolved, That this House having by its address dated on the 2nd of the present month, prayed that His Excellency the Governor in Chief would advance ll 1 i 61 llCne lUl- is of the cut, this \oYv than dance ot* , for the messcn- aljle and KMises of annot be iitracting this cir- .'casioned Lenders it )ntin«rcnt bnsiness, refuse it it to im- s of this ovcrnor ted with as much faciUtat- |use, and the pre- control |ntingent It of its ect it to its pre- ss as it at such le would address kd that idvance a u a a ^^ it the sums necessary to enable it to pay the arrears Clmp. line l)y it, and to defray its eonl indent expenses ^''''^• during the ])resent session, His Exeelleney, on liie jyy^ 5th of tile present niontii, retin-ned tlie following answer to the messengers appointed by the House : — '' Gentlemen, — I ilesire that von will inform the House of Assembly that it appears to me that u full and un(pialilied compliance with the prayer of their address for the issue of .i;l8,0UU, on account of their contingent expenses, involves ([ucstions of great im[)ortance in a constitutional point of view, and imposes a weighty res])onsibility, under exist- ing circumstances, upon the individual at the head *' of the Executive government of the Province. " It becomes my duty therefore to take the subject *' of this address into my most serious consideration, *' and deliberately to examine it in all its bearings; " this 1 will do, and the result shall be eommimicated *' to the Assembly by message." " llesolved. That when llis Excellencv called to- gether the Provincial Parliament for the despatch ot business, he must necessarily have expected that such an advance woidd be asked for during the first days of the session, and have been prepared to give a definitive answer on the subject ; and that this cir- cumstance combined with the declaration made by him on the 18th January, 1834, that he was firmly persuaded that his refusal was in perfect accordance with the spirit of the constitution, and that no con- sideration of expediency could justify him in depart- ing from, it, leads necessarilv to the conclusion that the evasive answer given by His Excellency on the 5th of the present month, is to be considered as a repetition of his refusal, and as being derogatory to the honor and the constitutional rights of this House ; and that His Excellency has since that time, under vain pretexts and for purposes to himself known, delayed giving any further explanation with regard to the prayer of the said address. 62 Chap. XXXV. 1836. u ii,1 Resolved, That this conduct on the part of the head of the Executive renders it impossible for this House to proceed with its legislative and constitu- tional business ; compels it to suspend a number of measures of the highest importance brought forward for the welfare and benefit of the country ; prevents thft introduction of new ones ; and places this House with respect to its officers, servants and tradesmen, and others to whom it is indebted, in a position de- rogatory to its dignity and honor. " llesolvcd, That this House expecting no co- operation of the other branches of the Legislature in the labor of a session calculated to promote the welfare of the country, cannot dispense with protest- ing, previously to the suspension of such labors which it has become impossible for it longer to con- tinue, against an act of the Executive government, by which the letter of the constitution is eluded and its spirit violated; and that in the meanwhile and until the people of the Province can be effectively protected by the labors of the Legislature thereof, this House persists in demanding the impeachment of His Excellency the Governor in Chief of this Pro- vince, and perseveres in the allegations and in the prayer of its addresses and petitions to His Majesty and to the two Houses of Parliament of the United Kingdom, dated the first March, 1834, and in its resolutions of the 21st February of the same year, on which the said addresses and petitions were founded. The same day (5 th March) on which the Gov- ernor sent the above answer to the application of the Assembly for funds, he also sent them a mes- sage stating, in reference to that part of his speech, at the opening of the session, wherein the House of Assembly is informed that previous to the meeting of Parliament he had received communications from His Majesty's government upon subjects of vital in- \^^ irt of the e for this constitu- umber of t forward prevents lis House adesmen, ition de- ; no co- slature in note the 1 protest- :h labors r to con- ernment, ided and hile and fectively thereof, achment his Pro- i in the jNIajesty United Id in its le year, LS were le Gov- lUcation a mes- Ispeech, [oiise of leetins; IS from lital in- terest to tlie wcliiire of the province, he now trans- Chap, inittcd the documents i Ihided to for the information '^'^^^• of tlic A scmbly. Of t icse, the only one of interest 1335 is the following from Mr. Spring Rice, Secretaay fo) the Colonies : — Downing Street, 29th of June, 1834. Mv Lord. " When called upon to undertake the duties of the Office to which IJis IMajcsty has been graciously pleased to appoint mo, Your Lordship will readily believe that the affairs of Lower Canada w^ere among the very first subjects to which my attention was necessarily directed. The importance of that most interesting Colony, the earnest anxiety which His Majesty feels, and which both Houses of Parhament have evinced for the happiness and well-being of all classes of His Majesty's Canadian subjects, and my earnest desire to take such steps in the discharge of my resp()nsil)le duties as are best calculated to advance the real and substantial interest of all His Majesty's colonial possessions, would have been suf- ficient, under ordinary circumstances, to have in- duced me to examine the condition of the Province of Lower Canada most carefully. But I regret to think that the transactions which have taken place in Lower Canada wittiin the last years, have to these motives added others of a strong but of less satis- factory nature ; and force it to be not only necessary, but most urgent, to form a decision, a, d to commu- nicate that decision to ^ our Lordship. " You are doubtless apprized of the fact that, on the 15th April, a Select Committee of the House of Connnons was appointed " to encpiire and report " how far the grievances complained of on the part " of certain inhabitants of Lower Canada, have been " redressed, and how far the recommendations of the " Connnittee which sat thereon in 1828, have been C4 I li"M XXXV. 1835. Chap. " complied with on the part of His Majesty's govern- " incnt ; and to ciupiirc into the mater of certain "'■ other ti;rievances not then bronidit under tlie con- " sideration of the House." This Committee was composed of all the members of the former Canada Committee of 1828, wlio continue to have seats in the House of Commons ; together witli such ad- ditional names as seemed best calculated to ensure the fairest and the most attentive consideration of the whole subject, and to pronounce a decision that could not but be felt as authoritative and impartial. " In the mean while my predecessor had given notice of his intention to move for leave to bring in a bill '' to suspend the operation of the 1st and 2nd " \Vm. IV. cap. 23,.in so far as relates to the charges " of the Civil Government in Lower Canada." '' The Select Committee has met, and has ccmtinued its en(piiries with the greatest zeal and industry. The most important questions to be examined by them have been — on what principle have the Govern- ment acted in the affairs of Lower Canada — and, have the Government earnestly and sincerely endea- voured to carry into effect the recommendations of the Canada Committee. " Such being the questions to be examined, it was truly stated by Mr. Stanley, that the Government, of which he formed part, and the two preceding Se- cretaries of ^itate Avere put on their trial, and were called upon to defend themselves against serious accusations before a tribunal of the most unquestion- able intclli^ijCiice, impartiality and independence. " In ordc:* to give the Connnittee a full opportunity of forming the best estimate of tlie intentions and of the acts ot the Government, my predecessor felt it his dutv to lav belbre them, without the lejist reserve, all the despatches and letters addressed to or written by this department, and which bear on the points under discussion. Not only have no \ \ li ^ ill i 60 objections been made to the production of any papers Chap, moved for, but very many documents, not generally '''^^^'• considered as public and official, have been conmni- 1335 nicated to the Committee, and the strictest examin- ation and scrutiny into their contents have been frankly invited. In like manner every facility has been offered for the examination of any witness from whose testimony valuable information could be anti- cipated, and the enquiry has been prosecuted with the utmost candor and good faith. " Although the Committee have not yet closed their labors, yet as it is of extreme importance that Your Lordship should have the earliest intimation of the course of proceedings here, and of the intentions of His Majesty's government, in reference to Lower Canada, I feel myself not only justified, but bound to state w^iat I have every reason to believe may be the judgment of the Committee. " From the discussions which have already taken place, I feel confident that an opinion w^ill be express- ed that there has existed on the part of this Office the most earnest desire to carry into execution the suggestions of the former Committee ; — that the endeavours of the government to that end, have been unremittinp:, and guided by a desire in all cases to promote the interests of the Colony ; — and that in many most important particulars, the recom- mendations of the Canada Committee have been carried fully into effect. " The Committee will probably add some expres- sions of regret, that these measures have not been as yet successful ; but thnt heats and animosities between tac two branches of the Legislature, and between, the House of Assenil)ly and the Government, arising, as may be hoped, from misconceptions, have led to the jn-esent state of things. " I cannot but think that a judgment so conclusively given in favor of the conduct and policy of the 66 XXXV. 1886. Chap. Government, acquiesced in, as I believe it is likely to be, by the advocates of the more peculiar views taken by the majority of the House of Assembly, must produce a most favorable impression on the public mind in Canada. " Under these circumstances, I have felt it my duty to consult my colleagues in respect to the Suspension Bill of which notice was given, but which bill has not as yet been introduced into the House. To a measure of that description it is perfectly true that the Imperial Legislature may yet, however reluct- antly, be driven ; but as it involves a departure, though not from the agreement intended to be made, yet from the agreement concluded by the strict con- struction of the 1 St and 2d Wm. lY. , I am most unwilling that such a step should be taken till all the means of amicable arrangement have been ex- hausted. In this opinion the confidential advisers of His Majesty concur, and it therefore becomes my duty to inform Your Lordship, that it is not my intention, during the present session, to proceed with the bill of which notice has been given. " I do not by this statement mean to preclude myself from the power of considering hereafter, either that bill or some measure of the same character, should events render such a course inevitable. But I sin- cerely trust that such a contingency may not arise, as I cannot al)andon the hopes that this question may yet be satisfactorily arranged, and that the necessity for any such measure may be averted. " Accepting the Seals of the Colonial Department as I nave done in the midst of the discussion of this and other most difficult (|ucstions, and at a period when the introduction of the projected Suspension Bill has not as yet been sanctioned by the House of Commons, and this too at a time when the session is approaching to its termination, I must confess that I felt a repugnance to taking a step in justification of which I could scarcely plead the authority and 67 : is likely ar views .ssembly, n on the my duty ispension bill has e. To a :rue that : reluct- sparture, be made, rict con- im most n tiU all been ex- Ivisers of )mes my not my proceed I e myself Iher that should it I sin- t arise, uestion lat the led. rtment of this period ension louse of session ss that cation Ity and responsibility of my predecessor, and respecting Chap, which I hud not the opportunity or means of Ibrminp; ^^^"^^• a delil)cratc judgment of my own. I am also most i^^^^ unwilling to assume that the new House of Assembly, which is about to be assembled after the next elec- tions, will be indisposed to listen to the just claims of a government which has, and can have no object more at heart than the promotion of the best interests of Lower Canada and the protection of the loyal in- habitants of that Province of all classes, in the peace- ful enjoyment of their political and personal rights. " To these objects I shall earnestly and most serious- ly apply myself with every disposition to advise and to sanction all such measures as may promote the progress and improvementof industry, of commercial wealth, and of civil concord among His Majesty's faithful Canadian people. " I am aware that this determination will render it necessary to provide for the sums due to persons administering civil functions in the Province. In the mean while I can with truth assure Your Lord- ship that the pressure to which individuals may be subject is one of the considerations which renders the course I have taken one extremely distressing and painful to myself, and one wliich I should feel reluctant at adopting, were it not for the paramount interests which ;n'e at stake, and the important prin- ciples which might be involved in any different determination. " Considering it to be essential to the success of the effort whicli I am about to make, that all topics which may increase asperity or produce further estrangement may be avoided, I call Your Lordship's attention to the principle on which the Select Com- mittee is disposed to act ; namely, to exculpate fully the Government, whicli the evidence before them justifies them in doing; but, at the same time, to avoid the crimination of other parties. As far as is Si 1 ^- ft t)8 Chap, practicable, I should be disposed to look forward for XXXV. j]^, purposes of reconciliation and peace, rather thru 1835. ^^^^^ back on events which are past, except where such retrospect is actually indispensable for our gui(hincc and our instruction. It is beyond all mea- sure important that individuals Avho may heretofore have made strong; declarations on the subjects in dispute, should not be chained up to their expressed opinions ; but that {.11 parties should be allowed and encouraged to resume these discussions in that temper of calnmess and moderation which may lead to a just and a . satisfactory result. Confiding in Your Lordship's discretion in acting on the spirit of this communication, I have the honor to be, My Lord, Your Lordship's Most obedient humble servant, [^(Signed,) T. SPRING RICE. The Governor, on the 9th of March, sent down a message, with a statement of the salaries remaining unpaid of the several items of expenditure of the civil government for the year 1834, expressing his reliance on the hberality of the Assembly for the necessary supplies for those services. He transmitted, at the same time, the accounts of the revenue and expenditure of the preceding year. He sent down, on the following dav, the estimates for the current year, made up, he observed, on the same principle as the two last years, adding that h? confidently re- lied upon the liberality of the House of Assembly to provide the necessary supplies. The sum called for was £57,618 sterling. The gross revenue of the vear was £107,189, leavin";, after deductino; tlic ex- penses of collection, and £41,318 the proportion due Upper Canada, tlie net amount of £112,623 to Lower Canada, a sum short by upwards of £52,000 of that \ \ 69 of the previous year. These communications were Clinp. totally disregarded by the Assembly, being neither ''^^^• referred nor tnken u]) In any way. 1335 Ilis Excellency sent do^vn at the same time, though somewhat late, having, as previously stated, been censured by vote of the Assembly on the subject, his promised answer to their application to him for £18,000, to cover their contingent expenses. " With reference to the address of the House of Assembly, })resentcd to the Governor In Chief on the 5th instant, praying for the issue of his warrant for eighteen thousand pounds currency, to pay off the arrears due, and towards defraying the contingent expenses of the House for the present session, and to his answer, the Governor In Chief now commu- nicates to the Assembly the result of his serious con- sideration, and deliberate examination of the subject of their address. " The Governor in Chief desires in the first place to call the attention of the Assembly to the answer returned by him on the 18th of January 1834, to a similar address of the late House of Assembly, wherein the Assembly Is informed that for the reasons stated in that answer, he declines incurring any further responsibility by an advance on account of their contingent expenses, luitil relieved by legis- lative enactment from the responsibility already in- curred by him on accoimt of advances amounting to nearly eight thousand pounds, made from the ]^ublic funds of the province for defraying the con- tingent expenses of the House. ' ' It does not appear that any measure was adopted by the House to relieve the Governor in Chief from the responsibility above mentioned, although the Provincial Parliament remained in session during a period of two months after the communication of his answer. " Neither does it appear that any step has been I y' 70 Chap, taken by the present House of Assembly towards XXXV. relieving the (jiovernor in CKief from that resjxinsi- 1835. t)ility. *' It is under these eirenmrianees that the Assembly now comes forward with an jip])lieation for a further advance to the extent of eighteen thousand pounds, which, if complied with to its full amount, would render the Governor in Chief responsible altogether for the sum of ne Tly t »nty-six thousand pounds. " Although full; «^ ble of the consequences to himself individually wl.;,, in a compliance with the application of the Asociubr xposcF him under the peculiar circumstances of this case, the Governor in Chief can truly assert, that in deliberately examining the subject of the address of the Assembly in all its bearings, his attention has been chiefly (hrectedto the consequences to the rights and interests of the people of this Province, which may result from his decision. "In a statement of the c mdngent accounts of the House of Assembly for the year ending on the 31st December last, certain items of charge are introduced, which the Governor in Chief apprehends cannot, strictly speaking, be classed under the head of con- tingencies, as being for the payment of salaries and allowances of individuals appointed to office upon the single authority of the Asscm])ly. The items of charge here alluded to are those for the allowances of the Honorable D. B. Yigcr, as agent of the House of Assembly, in England ; and for the pay- ment of the salary of the libnu'ian appointed to that office by the House of Assembly. " The Governor in Chief takes for granted that the above mentioned charges are included in the sum of eighteen thousand pounds now applied for by the Assembly. "With regard to the first mentioned charge, namely, that which relates to the Honorable Mr. Viger the I 71 towards rcs[)()nsi- Vsscnibly d further pounds, it, would Itogetlior pounds, lences to with the nder the ernor in :annininf]^ in all its rectcd to s of the from his ts of the he 31st oduced, cannot, of con- fies and upon terns of >wanccs of the pay. to that hat the sum of by the amelv, er the AsRem})ly is possibly not aware, that in the session Chap, of 1888, the Legislative Council in a ])etiti()n to the XXXV ^mg, d til Mr. V had asserted iiiir. > igcr nan fiMiiiiiiLiuu Tct rnish the r of the nediately lid letter c." Mr. •geant at cast into the pro- ing John i for the sterhng, igeneies. his Com- by this Roebuck oming a uire, be ?scnt to d senti- and to nc is Com- ot be- House squire, ted for sum not lemnify aHty of 77 Agent ; and thtit the said Clerk be in like manner Chnp. authorized to advance to the said John Artlnuixoebutk ^-'^"^'• Escjuire, a sum not exceeding five hundred })()unds ^y^ sterling, to meet his tlisbursements and contingent expenses in his said (piality, of which said di^blnse- ments and expenses an account shall be rendered to this House every six months. While the Assembly were workin<2; for a reform, not to say revolution, in the constitution and government, assisted by the entire mass of the French Canadian pf)pulation, co-f)perating with them, the Constitutional Associations of Quebec and Montreal were e([ually active in preparing for the crisis. Branch associa- tions were formed in all (piarters where the inhabit- ants of British and Irish birth or origin amounted to any ccmsiderable number. Resolutions, explanatory of theirviews on the state of the Province and public matters, wTre ado])ted, and circulars in conformity with them drawn up and transmitted to public men and bodies through the Province, without distinction of l)arty, and in the neighboring Provinces, as well as in Britain and Ireland.'^" Petitions also to the King and to the two Houses of Parliament were agreed upon, and Mr. Neilson was named for the blearer thereof to England, at a general meeting of the association of Quebec, held in that city shortly after the })rorogation of the sessi(m. JNIr. Walker, a barrister at Montreal, was deputed by the association of that city on the like mission. These gentlemen proceeded in April, via New York, for England. It has previously been mentioned that it had been made a matter of deliberat* )n, on the approach of the new year, by the Corporation or City Ccmncil of Quebec, whether the mayor and members of it shoidd, on new-year's day, wait on the Governor to pay him * Those circulars, coiitaimniij mucli valuable statistical iuforma- lion, arc placed in the appendix. .See Letter G. It I 7« 'i m 1835. ) Chap, their respects, and that it had been res(3lved in the XXXV. ne^!i;ativc. The City Couneil having ])cen partially reformed in the month of Marcli 1)V the re-election of some new conncillors, and Mr. Caron, the former Mayor, re-elected, it was pro})osed, that the City Council should now go en corps to present then- re- spects to the Governor. His Excellency very pro- perly declined the intended visit, which, consistently with his position and self respect, he could not j)ermit until the previous proceeding of the council were explained. The following are the proceedings hi the City Council as noticed in the Journals of the day. On motion of Mr. Glackemever, seconded by Mr. Plante, Mr. Caron was chosen Mayor for Quebec, for the second time, without opposition. Mr. Glackemever, seconded bv Mr. J. M. Fraser, moved, that the Town Council go en coiys to the Castle of St. Lewis, to present their respects to His Excellency the Governor in Chief. Mr. Glackemever, in support of his motion, said that he had made a similar motion at the close of December last ; but that it had unfortunately been rejected. He woiddnot detail all the inconveniences which had resulted, as the real friends of the Coun- cil, who took an active sliare in its business, had not failed to convince themselves of it, and to remark that, since that period, all our applications to the constituted authorities had met Avith difficulties. Every one, he thouf^ht, oui>;ht to wish these difficul- tics to disappear, and to witness harmony between the Executive and the Council. He coidd not see a more fittinji; occasion to secure this than tlic nrc- sent, at the moment the Council was renewed. The C(nmcil was new and we had a new mayor, and he anticipated no objection to his motion. Mr. Mondor did not see the necessity of such a motion, and Mr. Robitaille remarked that it might \ H 7» d in the partially -election c former the City heir re- cry pro- sistentlv >t permit cil were Jings in s of the '. by Mr. Quebec, Fraser, J to the i to His 3n, said close of been niences Coun- id not cm ark to the ulties. fHciil- tween K)t see e i)re- wed. 5 and nch a might be well to ascertain whether His Excellency would Ohap. receive the Council, before resolv'ng to go to him. ^^^• The motion was a2;rced to unanimously. 1831:. "Towx Co UXCIL. Tuesday, 7th April, 1835. " The following answer to the address of the Council, rc([uestin;4 to be informed at what time His Excellency would be pleased to receive them, was read, and appeared to cause no slight degree of as- tonishment to several of the councillors : — " Castle of St. Lewis, Quebec, 4th April, 1835. " Sir, — Having submitted to the Governor in Chief your letter of this date, acquainting me, for His Excellency ""s information, that the Conmion Council, at their sitting of last evening, had resolved to wait upon and pay their respects to His Excel- lency, and recjuesting to be informed at what time it may be his pleasure to receive the 2>Iayor and m.em- bers of the said Common Council, I have been di- rected by llis Excellency to testify to von in answer, for the information of the mayor and Conmion Council, that he is at all times extremely desirous of cultivating a good understanding v.lth the Mayor and Common Council of Quebec, and duly appreci- ates the com]iliment intended by their resolve of last evening. Certain rumours, however, have come to the knowledge of His Excellency, respecting which, explanation on the part of the ^layor and Common Council is necessary, l)ef()re he can decide on the propriety of receiving their intended visit. It has been stated and gcncrijl'y believed, that upon a re- cent occasion a (juestion wns agitated in the Com- mon Council whctlicr they shonhl pay the Governor in Chief the compliment of waiting upon him to pay him their respects, I 3i . ^ !i fi 'J.'! rSi S '* .C:'^' H ■' I ^i|i Chap XXXV. 1834. 80 '^ Tliaf the })cr formal ice of an act of courtesy and respect towards the lvc]>rescntativc of their Sovereign shonld l)'j made a subject of debate in the (^\)r nion Council, does indeed a[)pear very extraordinary to llis Excellency, and still more extraordinary that a noi>;ative decisi(m should have been the result of that, proposition. The Governor in Cliicf is a-ccordingly (hsposed to believe that he must have l)een misin- formed on the subject, and the more so because the desire now expressed by the Common Coimcil is al- together at variance with the proceedings above alluded to, " The Governor in Chief, therefore, entertains the most confident expectation that the Conmion Coun- cil will liave it in their power to afford such an ex- planation of it as shall enable him, without prejudice to the dimiitv of his official station, to receive their proposed visit. " T have the honor to be, Sir, Your most obedient humble servant^ (Signed,) II. CRAIG, Civil Secretary.'^ A debate took place on the 9th March, in the House of Commons, on the presenting • by Mr. Roe- buck of a petition said to be from dp <:r members of the Assemblv and LegisLative Council ot Lower Can a- da complaining of grievimces, (those probably urged by the 92 resolutions,) in the course whereof it appeared that the Government had already determined upon the appointment of a Commission to proceed to Cana- da and investigate the grievances, it being also stated at the same time, by Sir Robert Peel, (the Premier,) that the Governor in Chief had, six weeks previously, be" in notified by a despatch of the intention of the Govevp!a< nt. zVnother warm debate occurred in the House of Commons a few davs after the above, on pre?entm^iu, by Mr. D. M. Stewart, of the petition of the v^onvUiutioi alists of Montreal. \ i ^S 81 osy and wercign U)\\ luon iiiary to y that a t of that )rdini>;ly L niisiri- lusc the :il is al- s above aius the 1 Coiui- [ an ex- 'ejudice v^e their iervanty etary.''^ in the r. Roe- b«rs of • Cana- gcd by pcared upon Cana- stated mier,) oiisly, of the in the 'c, on itition \ A proehmuition appeared in the Quebec Oazctte Cbap. of the lOlli A])ril, e()iivokin<>; (lie Proviueial ]*;;rlia- ^''^''^^'• nient, for the ilespaleh of business, on the uUth May ^^34^ fbllowine tliat you would be enabled to emj>l()y with anv ir(K)d efi^'eet tlie words of eoneihation and peaec. Looking then at the matter of dealing with the whole of this subjeet, and bearing in mind the circumstanees to whieh I liave already adverted, His Majesty's Government are of opinion that the exi- gences of the case demand some more decisive antJ expeditious mode of proceeding than is consistent with an ordinary and regular correspondence. Y'^our Lordship's .v'ntiments have been more than once expressed to the same effect. " The King has therefore been humbly advised to select an individual possessing His Majesty's entire confidence, who has been unconnected with past Canadian politics, and has had the opportunity by recent personal commnnicaiion with the members of His Majesty's Government, of ascertaining their views and intention more fully and unreservedly than could be possible by means of written state- ments. This individual in the capacity of His INLijesty's u r lloyal C fully ommissioner mstructed t( will repair to Lower Canada xamine, and, if possible, to ter- ss first as- :i(la, my 1 1 now 'alion oi' istrulion iiction I rdship's 3 period roiii the time it lings so- li ion of oni the r Lord- to for- employ ion and 1^ with ind the ed, His he cxi- ive i\m\ isistent Your once ised to entire 1 past ity by jers of their rvedly state- jestv's 'anada ter- Ininate the various points of discussion, in the hope Chap, of composinjj; all those differences which have so lon^: ^^^'^- .1 a;j;ilated the I'rovince, and which have deeply alHicted J lis Majesty's loyal snhjects, '' Without atlem])tin«»; to u'ive Your Lordsliip even an outline of the instructions of which His Majesty's Extraordinarv (\)minissioncr will be the bearer, it may be sufficient to inform you that his mission will not be so nmch for the purj)()se of ])r()nuiloatin«2; any new principles of p;overnmcnt, as of carrying' int() effect that svstcm of liberality and justice towards the people of Lov/er Canada, which llih i\hjjesty has loui^ since adopted, and which a conunitiee of the House of Commons recc.itl;) declared liad < liarac- teriscd the })()Iicy and conduct of all those by whom the affairs of the Kingdom have been administered durin<>: the last six vears, althouf»;h the result which has hitherto attended these efforts might perhaps iTuder oiu' h()])es of the future less sanguine, it will not diminish the desire or the determination of the King to satisfy all the just claims and expectations of his Canadian subjects. " Tlie}^ will find that His Majesty is luiwearied in his endeavors to establish" an impartial, conciliatory and constitutional Goverrunent in Canada." — For this end it will be the object of His Majesty to renew an en(|uiry into every alleged grievance, to examine every cause of complaint, and to apply a remedy to every abuse that may still be found to prevail ; for this end there is no sacrifice he would not cheer- fully make which should be compatible with the fundamental principles of the Constitution itself, and Avith the continued existence of the Province as a ].)()ssession of the British Crown. I am unwilling to believe that the Canadian peo])le can be insensible to feelings so truly paternal, which as Your Lordship well knows have not been recently adopted or on the spur of the occasion, and for which we may 18^1. fit5 I ^ ¥ i Chflp. reasonably hope that Ilis Majesty will be rewarded XXXV. i^y j1,p jovaltv and atlaelimeiit of all elasses in the I8;i4. mip'*^'^'*"^ J'roviiicc now under your unniediatc government. '* Your Lordsliij) will eomnumieatc this despatch to the House of Assembly in the usual manner. AIlhou;j;h without any direct ini()rmation on the sub- ject i'rom Your Jiordship, 1 learn Irom other sources of intcilinence, that the Lciiislature will have met on the 27th of January — should their sittin«i;s have been adjourned, you v.ill take such means as may appear most proper for bringing the de^patch under the knowledge of the members, before the period of their re-assembhng in rarliamcnt. " I will not fail to give Your Lordship timely notice of the probable arrival of His Majesty's Com- missioner, in order that you may be enabled to con- voke the Assembly with the least possible inconve- nience to its members. " I have the honor to be, j\Iy Lord, Your most obedient, (Signed,) " ABERDEEN.'' ** Lieut. General Lord Aylmer, K. C. B. &c., kc, &c." " Viscount Canterburv it seems, was at first recom- mended for the important oflice of High Commissioner to Canada, but declining, on account of ill health, Lord Amherst was spoken of, and actually ap- pointed. He, however, soon after v/aivcd the appoiut- I ment, and divested himself of the charge. The Earl I of Gosford finally was selected as the High Commis- I sioner, and accepted the office, assisted by Sir Cl^arles I Grey and SirGeori>;e Gipps. His lordship's appoint- ; ment was notified in the London -uazctte of tb.e 9tli ' June, and repeated in the Quebec prints on the 23rd July. \ II 87 awarded s in the mediate lespntch iiMiincr. the Mih- fsourccs met on vc hccn appear der tlie riod of timely s Com- to con- iconve- u f I he loiiowlngdoeu iiontsapjicarcd in the Official Chap. i:EN;= ecom- sioner lealth, y ap- [)oint- 2 Earl iimis- >arles loint- j 9th 23rd Quobce (iazcttc of the :.'")th June : — i)0\VMN(i-STKi:i:T, i;tii Ma.v. 1885. " yi\ Loitn,— •)!! reiorriii*.': to the despaiehes ad- dressed lo Your Jiordihip hv the Karl of A!)ei-deen, on the a])pointiiieni ofAiarl Amherst to he (lovernor of Lower Canada, ;in'.l liis Majesty's lli 9' Photographic Sciences Corporation 4 \ .V N5 :\ \ % V C^ ^'^ ^1^ '<^' 33 WEST MAIN STREET WEBSTER, N.Y. 14980 (716) 872-4503 v^... ^1^ %° 6^ 88 B'j t , i: Ir mi Hi EH B ^ t 1 i '\ XXXV. 1884. Chap lied terms, any (lesiul)Iic conduct, or of countenanc- in<;-, by this (iccision, the accusations tow hich Your Lordship iias been so repeatedly exposed. It would be highly jvratifyiup; to uiy o^.vn icehn^s, if I pos- sessed so pertect an accpuiintance with the history of Your Lordsliip's administration of tlie affairs of Lower Canada, from its conuueucement to the pre- sent time, as to ])e able to express that decided opinion u})ou the cliarges of the House of Assein- ))ly, in tlie sessions of 1834 and 18o5, which I fully admit Your Lordship's right to demand from Ilis Majesty's cou(identiai advisers. The period which has elapsed since Ilis Majesty was graciously pleased to entrust me with the the Seals of this Dcpartmerit, has not been sutHciently long to enable me to com- plete a review of the voluminous documents con- nected with that subject. " I am, therefore, ])eculiarly ha])py to find that Lord Aberdeen, aviiiliug himself oF his more ample opportunities, was a])le to discharge that necessary and laljorious duty, and that in his despatch of the 14th February last, No. 22, he declared it to be due to Y'^our Lordship to state, that from your first as- sumption of the go\erniiient of Lower Canada, all preceding Secretaries of State for this Department have signified their general appiobation of the con- duct you had pursued, in the administration of the affairs of tluit Province, and that from an examina- tion of Your Lordship's official correspondence, com- mencing at the period referred to, he, Lord Aber- deen, could sec no reason to dissent from the accu- racy of those opinicms. " The King commands me to state that Lord Aberdeen's despatch, from which I have made the preceding ([notation, was not written without His Majesty's direct previous sanction, and that in au- thorising tlie expressions it contains of my predeces- iisnrc on ntcnanc- icli Your It would it' I pos- j history iffairs of the ])rc- (Iccidcd ' Airiscm- h I fully i'om Ilis d whicli ' pleased miueiit, to coi li- lts con- md that e ample ieessary 1 of the be due irst as- [idti, all irtment le con- of the amina- i, coiti- Aljcr- aecu- t Lord de tlie lit His in au- deces- m Bor's eonfidence and approbation, His Majesty ex- Chnp perieneed that p;ratificati()n whieh he invariably feels, '^-'^^• when affordiiip; his siupport and eountenanee to any ^^^ puljlie officer whom Ilis Majesty considers himself entitled to repjard as havinjj; labored with fidelity and 7.eal in His Majesty's service. With such a testimony from my immediate pre- decessor, so directly sanctioned by His Maiestv, Your Lordsliip may perhaps be satisfied that is not incumbent on yon to call for a further vindication of your personal honor and official conduct, I shall, however, be prompted to meet anj such demand, should Your Lordsliip see cause to advance it, and humbly to submit to His Majesty my ojijnion, not upon the more recent subjects of complaint men- tioned in your Lordship's despatches, noted in the maro;in, but upon any other topic of which Your Lordship may think that His Majesty's decision has not hitherto been distinctly pronounced. I have the honor to be, My Lord, Your Lordship's Most obedient servant, (Signed,) Glenelg." Lieut. Genl. Lord Aylmer, K. C. B. " Notwithstanding the above, it was thought by the British population in Canada that Lord xVylmer was treated by the new administration, of whicli Baron Glenelg was the Colonial minister, rather hardly, the more particularly as it had been stated by Lord Aberdeen in the House of Lords that, " if he could have prevailed upon himself to recall Lord Aylmer, he should never have thought of sending out a Commissioner," clearly intimating that the offices were to be distinct. A very general feeling of regret among the British population in Lower Canada was expressed at the recall of TiOrd Aylmer, and addresses from various parts were presented to I* 1 i 90 m I Chap, liini. The first he received was from tlie Quebec XXXV. Board of Trade, and in very Iiattcrin"; terms : — jgg^ May it please Your Excel leiiey, " We, tlie members ot'tbe Committee of Trade, ap- pointed by, and representing the mereanlile com- munity of the city of Quebec, duly apjn'cciating tlie attention and urbanity which liave characlcri^ed Your Lordship's frequent communications with this Board, respectfully approach Your Lordship, with an expression of our unfei«>;ned regret, on the occasion of your intended departure from this country. " Deeply interested in the general prosperity of the Province, we cannot but deplore a circumstance tending to deprive it of the advantages which Your Excellency's experience in its Government, know- ledge of its resources, and anxiety for its welfare, guided by your acknowledged character for upright- ness of purpose, must have secured to it, had your continuance here been permitted. " Connected more particularly with the trade of the Colony, both collectively and as individuals, we grate- fully acknowledge the readiness so constantly evinced by Your Excellency to advance its commercial in- terests, and nnist not omit especially to instance Y^mr Lordslii])"'s well-timed representations to the Home Government, against the abuses of the Court of Vice- Admiralty, and yet more, those in favor of our lumber trade, that grand staple of this and the other British North American Provinces. " Assailed as this most essential branch of our com- merce has been, and continues to be, by a combina- tion of persons, ignorant of its impr)rtance, or inter- ested in its downtall, we feel doubly sensible of the value of Your Excellency's testimony in its behalf, grounded too on your personal observation of its beneficial results. " Strongly persuaded of the close connexion be- tween the commercial and political relations of a R) 91 Quebec ra(lc,ap- ile coiii- iting tlie let crimed ritli this with an occasion :v of the nistance ?h Your , know- ivelfare, ipright- d your 2 of the grate - vinced 'ial in- istance to the ourt of )f our other r com- ibina- inlcr- )f the half, of its 1 be- of a country, and fully sensible that security to trade can Chapt alone exist under the protection of a well ordered ^^^^• and consistent government, we view with apprehen- jgyg sion the iuconsidiTatj removal of Your Exeelleney, as indiealing a system of colonial ])()liey, which, ready at the clamor of faction to sacrifice individual right to temporary expedience, threatens to subvert those national principles of good faith which have long given stability and character to British institu- tions throughout the world. " May it please Your Excellency, "In respectfully taking our leave we venture to express a hope tha tthe affairs of Canada may still con- tinue to occupy a place in Your Lordship's recollec- tion, and that the influence which His Majesty's ap- probation of your conduct cannot fail to confer, may be used, as we are sure it will be, to promote the true interest of this country. " We beg respectfully and most cordially to convey to Your Lordship and to Lady Aylmer, our sincere wishes for your prolonged happiness and for your prosperous voyage to that hi: id whose battles Your Lordship lias fouglit and wiiose honors you have wo 1. " Gentlemen, — I thank yon" said he " very sin- cerely for the expressir,us of ' ^gret at my approach- ing departure from this country, conveyed in this address from the Conrnittcc of Trade, representing the mercantile community of the city of Quebec — a community for which I shnll ever entertain sen- timents of esteem and regard. " I feel, gentlemen, tliat 1 possess but slender claims to your thanks, on Jicjount of any benefit which may have been obtained for the connnercial interests of this colony during \v\ ad'ninistration. Although animated by a const ;uit de;ilre to promote those, as well as all other public interest^ in the Province, my efforts to that effect have bjen invariably met and 1 1 \\\ Ii I. l':t! w. 'I! 1 I 92 Chap, counteracted, by ii baneful iulluencciu the Province, XXXV. 1834. ilv ell )f \ hose only elianee ot ])rol()n<;inj»; its existence is bv di 111 d )f th 'J f count! and many of those moments whieli, under more for- tunate circumstances, I should have been able to devote to the advancement of some useful under- taking; or some beneficial pnblic measure, have been unavoidably occupied in contending (under disad- vantages to which I forbear more particularly to al- lude on the present occasion) against assaults — some open, and others disguised — levelled against the most valuable interests of the Province, political as well as commercial, and which, should they be re- newed and crowned with ultimate success, must prove fatal to the c(»nnexion between Lower Canada and the Mother Country. I am fully sensible, gentlemen, of the great impor- tance to British North America of the lumber trade ; and be assured that, although my official connexion with this country will cease to exist upon my depar- ture from it, no opportunity shall be neglected by me hereafter of upholding that valuable branch of commerce, and of promoting, as far as my very limited means will permit, every measure calculated to advance the commercial interests of Lower Ca. nada. And now, gentlemen, in separating from you, let me desire of you to accept from Lady Aylmer and myself our very sincere thanks for the obliging ex- pressions regarding us both, contained in the con- cluding passage of your address, and in return to re- ceive our cordial good wishes for the health and hap- piness of all those gentlemen, and their families who are parties to it ; and for the increasing prosperity of the commercial city of Quebec. A general meeting of the Quebec Constitutional Association took place on the 31st July, at which the following resolutions were adopted : — 93 rovincc, K'c is by •oil n try ; lore fbr- a])lc to 1 iinder- ivc been r disad- ly to al- s — some in St the itieal as y be re- 3S, must Canada t impor- r trade ; nnexion Y depar- cted by ranch of IV very ciliated wer Ca. you, let ler and ing cx- le con- n to re- -id hap- ies who )sperity ;utional ich the 1st. " That His "Majesty's approbation of the con- Chap, XXXV. dnct pursued by His Excellencv Tjord Ayliuer, in tlie administration of the aiiairs of tliis J'rovincc, has i834. been repeatedly conveyed to His Excellency, and more particuh.riy reiterated in the recent despatch of the llijrht Honorable Lord Glenelg, His Majestys' PrincijKil Secretary of State for the Colonial Depart- ment, dated, Down"^ing Street, (Ith May, 1835. 2nd. " That notwithstandinn; the '' support and countenance" which the King has been thus graci- ously pleased to atford to a " public oHicer whom His Majesty considers himself entitled to regard, as hav- ing labored with fidelity and zeal in His Majesty's service," the Secretary of State has, in the same des- patch which conveys the King's approbation, apprised Lord Aylmer that " His Excellency's administration of the affairs of Lower Canada must be considered as finally terminated." 3d. " That the motives which actuated the Secre- tary of state in coming to this decision appear to be founded in the position in which the Governor in Chief is placed in relation to the House of Assembly, in consequence of the accusations preferred against him by a majority of that branch of the local Legisla- ture, in a series of resolutions which have been al- ready declared by this Association to contain " divers ■ false and scandalous imputations, of so general a na- ture as not to admit of answer or investigation. 4th. " That this Association views with alarm and regret the sacrifice of the Royal Prerogative, thus for the first time offered to the clamour of a party which openly questions the just subordination of the colony to the parent state, and avowedly inculcates resis- tance to its authority. oth. "■ That an humble address be presented to His Excellency the Governor in Chief, expressing the regret of this Association at the untimely recall of His Excellency, at a period when the result of the mea- IfT XXXV. 1835. 94 Chap, siires adopted by him cannot as yet be ascertained — thus de])rivinr my im- jcouraged jproached session of deman'^ 07 (I to tlx'ir f( )lahits Chap. for my impeachment ; and to their tormer conij others of a still darker c()in})lexi()n were added. But all *^*^- to no j)nrp()se — for it does not appear that any steps jgy^ whatever have been taken by the House nj)on this second petition of the Assembly. '' For the success of the J fouse of Assembly, in tlieir attempts to injure me in the estimation of ilis i\hi- jesty aiul his confidential advisers, 1 have only to refer to the des})atches from the (Colonial Department recently published by my order in the Official Gazette of the Province. " From the above rapid sketch, it will be ])erceived tliat the various efforts of the House of Assembly to injure my public character have only ended in ex- posing the impotence of their hostility towards me. "But there is an »ther point of view in which this subject deserves to be regarded, and it is one which involves c(msidcrations of infinitely more importance than any of a personal nature affecting an individual like myself. *' The failure of these repeated attempts to establish the truth of charges so solenmly and so earnestly brou<>;ht under the consideration of the Kiny;, and the two Houses of the Imperial Parliament, unavoid- ably places the moral character of the House of As- sembly in a very equivocal position ; and it may, therefore, be reasonably expected that the Assembly, in order to redeem its own credit, and in justice to their constituents, who are necessarily (however in- nocently and unconsciously) involved in this disre- putable suit, undertaken in their name, and (m their behalf — the Assembly, I say, cannot but consider themselves imperatively called upon to renew their demand to the House of Commons for my impeach- ment before the House of Lords. " Should any such demand be made, the House of Assembly may be assured of having my best wishes for the success of it : it is what I have long and ar- E 08 f' Chnj). (U'litly looked (oi'wjii'cl to; for if, liappily, their cause XXXV. should ever coiiif to a hcariii'^ hcloix' the House of W65. Aj^^i'^l'^i '".y accusers will lind, wheu iu preseuce of that aujrust trihunal, that assertious, however coufi- dently advanced, will not there be sutt'ered to j)ass current for facts, neither will vituperation be mis- taken tor argument. "1 come now to the subject of my recall from this {government, which I cannot pass over in silence: since it is, in fact, the ])articular circumstance which has y;ivcn rise to vour address. " It would be hinjlily unjust towards those Ministers of the Crown who spontaneously, and without any solicitation on my part, did me the honor of selcct- in<»; me for the very important office of Governor in Chief of Britisli Norlli America, to suppose that upon that occasion they were actuated by any other mo- tive than ji conscientious ])elief that, by so doing, tiiey best consulted the public interest. *' In like manner, those other ministers of the Crownr who have subsecpiently filled the sitmition of Secre- tary of State for the Colonial Dei)artment, and whose approval of my })ublic conduct you are already ac- quainted with, must have considered that by main- taining me in the office of Governor in Chief, they also were consulting the public interest. "His Majesty's present Ministers, how^ever, imme- diately upon coming into office, have taken an oppo- site view of this suljjcct, for I am now informed by Lord Glenelg, His Majesty's Principal Secretary of State for the Colonial l)e})artment, in his despatch of the Gth of May last, addressed to me, (which will be found amongst the despatches recently published by my order in the Official Gazette of the Province, for general information,) that " he shall best consult the public interest by apprising me that my administra- tion of the affairs of Lower Canada must be consi- dered as fully terminated. * I 99 r cause louse ot* I'lU'C ot* r coufi- to pass be niis- rom t\\\A sileuce : c Avliich liuisters lout auy f sclcct- cruor in lat upon her nio- 3 doing, c Crowrr )f Sccrc- d whose ady ac- niain- i'ef, they r, imme- m oppo- rmed by etary of )atch of 1 will be ishcd by ince, for suit the ninistra- )e consi' (( Altiu)U. ])rt's()rs in ollici' upon tliis snbjecl, it would be xxxv. ecjually unjust to withhold from Lord (ilenelij; the j^^^ bclii't' that, in re;novin;j; me Irom the olliee of (iover- uor in Chief of IJritisIi North America, his Lordship is siucerely convinced that he is best consulting tiic j)nblic interest. "1 will therefore only add that, as the faithful ser- vant and devoted subject of the Kiu^-, autl as the firm and constant friend of the ])eoj)le of Lcnver Ca- nada of every origin, I do most sincerely wish that those measures which His Majesty shall be ailvised to adopt f<)r the settlement of the disordered and complicated affairs of this JVovince, may have the effect of estahlishiny; the authority of His Maiestv'j* govenuuent upon a solid and lastin; to r much h have ide, to C very time ; uc has tivc, or s own I'ds me expressed in your Address, and for which I now Chap, ■^ oti cr m V warm and sincere thanks to the Conslitu- ^^^• shed ith tioiial Association or l^nehcc, nave lurnislietl me witii the best answer that can ])e made to ihose who have sought to injure me in the estimation of my fellow subjects. " And now, gentlemen, farewell, and may every happiness and })rosperity attend you, and all those who are parties to the Address which has just been communicated to me." The Earl of Gosford arrived at Quebec on the 23d August, in II. ^I. S. Pique, accompanied by Sir Charles E. Grey and Sir George Gipps, his Assistant Connnissioners, and on the day following issued his proclamation, notifying, as Captain General and Governor in Chief, his assumption of the Government. The letters patent of His Majesty, bearing date at Westminster, 1st Jnly, 1835, appointing " the said Archibald, Earl of Gosford, Sir Charles Edward Grey, and Sir George Gipps, Commissionei's for the investi- gation of all grievances affecting His Majesty's sub- jects in Lower Canada in what relates to the ad- ministration of the Government of the said Province," wTre also pu])lished in the same Gazette with the proclamation."^" * Office of tiik Secretary of the Province, Quebec, 24tli August, 1835. His Majesty lias been pleased to appoint the Right Honorable the Eail of Gosford, the Right Hoiiorable Sir Charles Edward Grey, and Sir George Gipps, to be the Commissioners for the in- vestigation of all grievances aftecting his subjects in the Province of Lower Canada, in what relates to the government of the said Province, by the following commission: — William tuk Fourth, by the Grace of God of the United Kingdoni of Great Biitain and Ireland, King, Defender of the Faith, to our riglit trusty and right well-beloved cousin and councillor, Arcliibaiil, Earl of Gosford, our trusty and well-beloved Sir Charles Grey, Knight, and Sir George Gipps, Greeting: Whereas, divers adih'esses have been preferred to us, by tlie House of General Assembly of Lower Canada in North America, aiid divers petitiouw have been presented to as by sundry of our 1836. ^il I :::|! IP Chap. XXXV. 1836. 102 A farc^N'ell eiitcrtalnnicnt was given by the prin- cipal citizens of (}nebcc to liord and Lady Aylmcr, on the evening oi" the lo'h K:-ept(. inl)or, and on the fiiithfiil subjoets inli ibitiug our biu .'iddrosseH ii'vaucos of !i<'et.s;ifoi'c- iit redress, rodi-ess of inhabiting- <' sj)e(/iji!ly to our .saiifj 1^' tlie ad- at ])urpose >ir Charles '. tliat we, Arehibald, rge Gijips, 're motion stitute and harles Ed- ers for the f Province on of the ze and re- t desj)atch !ill lawful iniry into ig the ad- Jcution of uire, that dl be ad- ne of our ;er execu- by other igdoni of presents, Gosford, over our and eom- iful sub- in their id oppor- Gosford, ler Com- be made (»f July, follo\vin:ned hy Clmp. XXXV. :f ¥ inhubitiiiits of tlie eity and nelf;libourli()0(i, \v ;s ])re- sented to His ExeelJcney. llis Lordsliip embarked with llis family on the 17th, on board JL M. S. ri(juc, for England, whieh they reaehed in safety, narrowly escaping shi])wrcek, however, on her passage home, the ship having run ashore in the Straits oi'Eelleisle, from whieli, by the skill and presence of mind of her commander, the Hon. Captain Rons, seconded by the exertions and perseverance of the crew, she was with difficrdty extricated. On examination, after her ar- rival in England, of the injury she had sustained in lier keel and bottom, it was deemed marvellous that she had escaped foundering on the passage. The insertion of a marble slab, with an inscriy)- tion, in honor of the memory of Montcalm, within the chapel of the Ursuline Convent, by Lord Alymer, has previously been noti' ed. His Lordship this sum- mer, shortly before his de])arture, caused to be erected on tlie Plains of Abraham, at his own expense, a truncated column or shaft, on a fragment of the granite boulder upon which Wolfe breathed his last, lying at, or very near the s})()t where he fell. The following is an extract from the Quebec Mer- cury, on this subject : — MONUMENT ON THE PLAINS TO THE MEMORY OF WOLFE. ^' The last anniversary of the battle of the Plains of Abraham was aptly chosen as the day on which the names of the heroes, Wolfe and Montcalm, were affixed to the sarcophagus, on which rests the beautiful obelisk raised to their honor during the government of the Earl of Dalhousie. The return of that anniversary may be appropriated to a brief description of the monument lately erected by lieutenant general Lord Aylmcr, wliile Governor in Chief of these Provinces, which completes the 1335. \ n il % il ;?1 !i ' It ^ ! Chap, scries of testimonials offered by posterity to the XXXV. memory of the devoted and the brave. "^^^ " The first and most imposing in its appearance of these monuments, is the obehsk in fi'ont of the Governor's garden, so generally admired for its symmetrical proportions. It is a tribute common to both of the heroes, whose names it bears. The second, is a marble slab placed, with commendable taste and feehng by Lord Aylmer, to the memory of Montcalm, in the chapel of the Ursuline Con- vent, wdtliin the precincts of which he was buried, in a grave partly formed by the bursting of a shell during the previous siege.* Tlie slab has this in- scription, equally distinguished by truth and sim- plicity : — Honncur a. Montcalm ! Le J astin en lui derobant La Victoire, L'a recompense par Une mort glorieuse ! *' A monument to Wolfe on the spot where he died was alone wanting. The exact spot was know n but to few, while the interest attached to it was increased by the lapse of time : — the last contemporary cf the battle was no more, and the site would in a few years have become a subject for conjecture. Al- though the stone which had formed his death couch, had been preserved in its original position, it had * Very fanciful and poetical, but nevertheless a fable. No bombshell, as is well known and proveablc, fell during the Beige of 1159 upon the Chapel of the U rsuline Convent, but several round shot passed through the roof, the marks whereof are still visible from ■within, though not externally, the roof being since covered with tin. A bomb fell in the Chceur, or pi;ice where the nuns assemble for di- vine service, the mark of which also is visible, but this is a separ- ate building though adjoining the Chapel. The remains of General Montcalm were privately interred in the evening of the day, or the day after, his decease from a wound he had received in the a,c- tion on the Plains of Abraham, (whore also Wolfe fell,) in a grav?, « 105 to the 'ance of of the for its imon to 3. The endable ncmory le Con- buried, " a shell this in- nd sim- [le died wn but Teased c f the a few Al- :!Ouch, lit had ibshell, &9 upon passed from Kth tin. i for di- separ- renerat , or the |the a,c- grave, •f 1)0011 f2unlv Ijoneatli tlie surfaee, in order to protcot Chap, it from piljj;riins wbo eaino, not to enrieli but to rol) the shrine, by ('arrvin«>; away as robes })iecos of the rook, liallo\NO(l l.y tlie doatli of Wolfe. Tlioso eon- siderations, it may be imajiined, suo-; a Monumont on XXXV. 1835. du<; for the purpose close- to tlu' iiorth<'t'uiuost Avail of tlie (Miapol and in tho north-western ai\u:le of it, noai- flio Altar, a few ofhccis, pro- 1i;i])lv of the nioineiit, ami his Aidffl Maf,niire, for many years past, and still, Cha])lain to the Ui'suline Convent, who caused the groujul to be removed, and the remains of a human frame found in the place indicated, to be exlunned, whieh he ha.s no doubt from the infoi'mation he received from the lady alluded to, and others other coteinporaries whom he had consulted, were those of the General. The eot!in had entirely disappeared. The bones, with the exception of the scull, crund)led to dust on exposure to the air. He has caused the scull to be carefully enclosed in a f?lass case, which is preserved in the Chajdain's aj)artment in tho Convent, Avhere the curious in relics of the kind may see it, by waiting upon the Avorthy Chaplain, and intimating a Avish to that efiect. Mr. Maguire, in opening the grave observed that it Avas iso- lated from other spots \;here the dead hail been deposited, the ground adjacent for several feet, being firm and compact, and such as to produce a conviction that it had never been disturbed. The remains of Wolfe were conveyed to England in the Royal William, of 84 guns, and landed at Poi'tsmouth on the l7th Novem- ber, 1759. They are, according to Mr. IlaAvkins' Picture of Que- 1 ec, (published in 18-1.5,) deposited in the family vault at Green- wich, AA'hich that gentlemen states he visited in 1841, being per- mitted by the surviving branch of the family to enter the vault, where he had the satisfacti( n of laying on the coffin of Wolfe, a AA'rcath of laurel, as a tribute of respect for the memory of the departed Hero. This fable of the inhumation of the remains of General Mont- calm, in a grave made in the Ursuliie Chapel by the bursting of a bomb shell, reminds me of the tale of murder, and retalia- tion, Avhich the "Chi en d'Or," it is vulgarly believed, Avas intended to conunemorate, Avhich, hcwever, my AA'^orthy friend Jacques Viger, Esquire, of Montreal, has, with indefiitigable research and indostry, ascertained by the most incontcstible evidence to be, with the e2 'I I 106 w l! 1 1 mii Chap, tills spot and as no accurate (Icscrlptlon of It ha^ XXXV. y^^^ ap})carcd, and as llic spot is constantly visited 1885. '^y stran<^Trs, the following ])articulars, wliicli may ])e depended ujion to be correct, will doubtless be interesting to the public. " The monument lately erected l)V Lord Aylmer, then (lovernor in Chief, to the memory of Wolfe, on the spot where he died, is situated in a field, the property of llannnond (lowen, Es(p, between the house of C. Campbell, Escp, and the race course, and adjoinino- the Grande Allea. The ixronnd ncces- sary for the she was presented by Mr. (fowan to liis Lord^'hip for the purpose ; and the monument is di;:^thietiy seen from the road. It is composed of a half cohmni of the Corinthian Order, two feet in diameter, and about nine feet in heio-ht. It is exc- cuted in ^lontreal mar])lc, and shaiped from a single oxc'e})tu»n of tlie iinpi-wnoditato'l liomieido of Mr. Pliilibci't, hy Mr. liCgard^ur de Ropcntigny, in si moment of tnui!?port, and for -.vhioli lie oiitaincd in dv.e fm-ni letters of gi'ace iuul pur'lon, fdtogetlier i'abulou;% Mi". A'i^^cr's {intiquarijtn and i!it(!rc'sti;iu;' reseaix'hefj have not only stripped the tale of the " Cliion d'Or" of its oliarm l;ut I'cpvei^eut tlie unfortunate liomieide of Mr. Phili- bert in its true light, and rescue the memories of tv/o of the Freneh IntLMidantf;, Messrs. ijii;;Gt and Bej^'on, from the impu- tation of havimr liren piivy to, and ini^^tigatinf^ his death. He exliibits even the letters of grace and pardon to Mr. de Repentigny by the King of France, and the proceedlnj^s thereupon in the Court or pro]ier Jin-isdietion in Canada, verifying the matters of fact upon which the letters -were granted, and upon which his par- don, by the cnthf'rinrinent of those letters, became eonchisivc, the ■whole developed step by step In so clear and satisfactory a man- ner by Mr. Vigor, as to demolish the entire fabric of fiction to which the untimely death of Mr. Philibert, and the has relief of the "Chien d'Or" still over the pm-tai of the house in Buade street, Quebec, Avhieb, at the time of his decease he inhabited, had given rise. Mr. Viger's demonstration of the falsity and utter groundlessness, ■with the exception above mentioned, of this wide spread and popular tale, is historically so interesting, that although it does not properly come within the scope of this work, I may, never- theless, be pardoned for introducmg it in a subsequent stage, in vindication of, and as an homage to historic truth. 1;;^ For Mr. T'"iger's Parliamentary analysis, see the end of the next Chapter. M 107 of It lias ly visited liicli niHV ibtlcss be Aylmcr, of "Wolfe, in a field, , between ce course, iiid neces- (Towan to iioniiinont inposed of wo feet in It is exc- m a single miilibcvt, l»y Ipolt, ill 111 fiU- iuul piiv'lon, 1 iMtiirt'slini^ iei» a'Or" «'t' „f Mr. Phili- if tAVo of the n tlic iinp'.i- •catli. He [) llcpeutigiiy upon in the niiittcrs of hich his par- >iiehisivo, tlie Lctory a man- of fiction to ; biis relief of Buiide street, ^^ad given rise, ■oundlessness, spread and ough it does may, nevey- ent stage, in the end of the XXXV, 1835. block. TofTCther with the base it is turned and Chap, polished, f()nnin<>: a l)eautiful specimen of that vahi- able buildinp; stone. The snb-])linth is of cliisclled stone in order to fonn a contrast ; and the whole is supported on a pedestal of rocks, formed of the boulders of granite found on the neighboring sur- face, in a conspicuous i)art of which pedestal is placed the remaining portion of the actual rock, on which Wolfe was supported when he breathed his last. The stones are strongly connected together embedded in the solid foundation of rock ; and mi- less the monument should be intentionally damaged, it will be as durable as the fame of him whose name it bears. The inscription, which is deeply cut on the column, is brief and emphatic, containing a modest and delicate reference to that upon the slab in honor of Montcalm : — HERE DIED WCLFE, VICTORIOUS I " The work does great credit to the mason, Mr, Xavier Malouin, who has executed it in a very able manner, under the direction of Mr. Blaicklock, of the Royal Engineer Department, from a design drawn by Lord Aylner. " The spot where Wolfe received his third and death woun'l, w^as in front of the redoubt, and rising ground, somewhat on the right and in advance of I the monument. He w^as thence borne to the rear, and supported against a rock lying on the surface. "In a small field, the property of the late Mr. Moorhead, between the one in which the monument is situated and the property of Charles Campbell, Esq., about fifty yards due north from the column, imme- diately joining the fence, may be seen the remains of the well whence Wolfe was suppUed with water, Ul ; I 18S6. 108 Chap, wlicn lying faint and dying on the spot now mark- XXXV. Qf[ ijy ii^Q column. This lias been ever since known to the old inhabitants of the neighborhood Jis Wolfe's Well, but in consequence of a horse hav- ing been drowned in it about four years ago, it was I, filled up with rulibish, to the great regret of many who have never ceased to hold it in hallowed re- membrance." This monument, it is proper here to observe, hav- ing been chipped away and mutilated by idle and inconsiderate visitors, has been s\iperseded by the more elegant structure now occupying its site, raised in 1849 by private contributions of the officers of the Army serving in Canada, and at the suggestion of Sir Benjamin D'Urban, commanding the Forces the) ein, who suddenly died, universally regretted, at Mon- treal, in the month of May of that year, before the completion of this column to the memory of his immortal fellow-countryman, to which he had largely contributed. Errata. — Instead of 1834 iu tlie marginal notes of pages 13, 14, 75 — and subsequently in this cliaptcr, read 1835. After the "words " H. Craig, Civil Secretary," in page 80 — rend — no explanation being oflfered the intended visit (Sd not tako place. .,1 now mark- incc known 3orhood as horse liav- afTo, it was Dt of many lUowcd re- )scrve, liav- )y idle and dcd by the site, raised ficcrs of the jstion of Sir 2es therein, d, at Mon- , before the lory of his had largely ' pages 13, '74, page 80 — read t did not take m I I CHAPTER XXXVI. rarllamcnt convoked — rumours — Constitutional Aesociation of Clmp. Qui'boc address the Governor — his answer — sjieecli — a^'cnt in xxxvr. En<'lan<] — addro.ss rt-latiii'' to Mr. Gali — answer — address in nswer to the sjioocli — [)roj)osed anu'ndnicnt — Ctovernor's ines- iije rehitinir to arrears — sKnlress of tlie Assend)lv for arrears ani sage rehiting to arrears — address of tlie Assend)ly f"«' arrears and tlie eurrent eontiiigeneies — answer — address reUiting to tlie Jesuits' Collef'" at (iuehee — answer — Mr. Itoehuek — address re- lating to l)uii .ing (»r repairing ehurehes— answer — publie ac- counts — instruetinn to standing eonuaittee of gi'ievanees — Ritle Corps at Montreal — Mr. Justiee Kei-r's dismissal — otlence taken at speeeh of Lieutenant (lovernor (Sir John (^)ll)oriie) of Upper Cana(Ui — its etfect in Lower Canada — publie aeeounts — state of the ]'rovin<'e — address to His Majesty — aeeusation and inipeaeh- nieiit of Judge Fletelier, and of Judge Thompson — eomplaint against Mr. Justiee Bowen — against Mr. Felton, Mr. (Jugy, and others — Committee on Grievanees report coneerning lii'itisU House of Commons — report of a speeial eommittec i-elating to the Executive government — Post Office Department — Mr. Caldwell — Canada tenures' act — bill to reform the Legislative Council by rendering it elective — vote of thanks to Messrs. Viger and Morin — prorogation — letter of Lord Gosford to the Colonial Minister. The Earl of Gosford lost no time in convoking the Legislature, whicli, by proclamation bearing date 3rd September, was summoned for the despatch of busi- ness on the 27th October. In the mean time His Excellency assiduously cukivated, and, as many thought, obsequiously couried, even to self abase- ment, those members of the Assembly wlio, he was informed by those surrounding him and first in his con- fidence, were among the most influential in the body. Some of the leading men in the district of Montreal, including Messieurs Papineau and Debartzch, visited him immediately after his arrival at Quebec, probably to sound and ascertain his views on pubhc matters. A caucus or meeting of members of the Assembly, and other notables, was held about the same time at Three Rivers, to determine upon the course most proper to be adopted towards the new Governor, 1836. I Hi no 1' i il Ih r i Clinp. and in particular towards the commission of wlilcli XXXVI. in^. ^y.j^ j|,^. cl/iof. The French papers, and the "TsssT^ "'*^'^''''<^'' pnhhslied in Enjrlish, in ^h)nlreal, by l>r. E. JJ. O'Callan-han, a man talents, hut an ultra partizan, who, liavin*]^ su ..'ded J)octor Tracy as editor of that paper, luid also obtained a seat in the Asseinhlv.held out that no business woiild l)e entered ni)()n by the Assembly until a sum sufiieient to coyer its continj^encies were advanced, and unconditionally, at the discretion of the House. It appeared also to ])e the determination of the leadina; meml)ers of the Assembly, not to recognize or ackn()wlcd«j;e the C!, esta])lishing the (jovcrnnjeut of tliis ]*rovlnc(\ the ])()\vcr of nuiking laws not rc])ngnant to the said Act is vested in His Maicstv 1)V and with the advice and consent of the Legislative Conned and Asseiiihiv of the said I'lovincc and not other- wise. " That no application of monies levied on the subject in this Province can be lav, fully made, un- less by Acts made and consented to by the three branches of the Lej'lslatmv constituted bv the said Act, or by virtue of tlie King s lawfid ])rer()gative over the revenues that may aj)p I'lain to the Crown, or by laws having force in this 1 rovince. " That the claim which has recently been insisted upon bv the House of Assemblv, and oecasionallv acted n])()n by the Legislative Council to obtain, by set)arate addresses to the Governor, advances of nn- aj)])ropriated money, under the plea of deh*aying contingent cx])enses, but in reality embracing the payment of salaries or allowances not legally estab- lished, and more particularly as respects the preten- sions of the Assend)ly for expenses not inein*red or to be incurred for the business of the Session of that Honse, is altogether unf)unded in law, unsup- ported by parliamentary usage, and subversive of the rights and liberties of British subjects. " That amon"; the various instances in which this clann has been set up, none is more calculated to produce alarm in the minds of His Majesty's sub- jects than the encouragement held out by the reso- lutions of the Assemblv, of the 21st February, 1834, to the supporters of the majority in that body to ' « 112 1 ? '. I :.lii 1| Chnp. or^aiiizi' committees of* corrtviunKlcnt'O, Mini I he **''^'- nli'dtiv tlicriin tt'iidcrt'd of tlii' nuhlic t'muls ot" the I8a6. Province t«)r the ivimhiirsement of the expenses to h )e mcnrri'd hv such comnnitees m i\n-tl I' views. \N hicii 1' le^lll^; their til i l)rocee(liM«r is op/cii usii irpat ion o t powers not CMMiterred on tlie Assemhiv hv the hiw and (.Constitution of the Province, is destructive oi" order and irovernment, aiK I sui )versivo o f tl le vm Uu and ril)erties of His Maiestv's suhicet!'' therein. a 'V riiat in the ])resent state of the rej)resenlati<)n in tlie ] louse of Assend)lv, wlieuMii those who con- trihnle a very hirjre ]iro])()rtion of the Pntvincial revenue are not represented, and the majority of its niemhers arc elected hy])C()plc chiiminfji- a i.ationaHty distinct from the rest of llij iMajesty's suhjects, and acting; under the influence of ])rejucUces and feelin<2;s hostile to those of other national orijrins, the junver claimed by the House of Ass(ni])ly of disposmg of ))ul)Iic money without the consent of the whole Le- gislature, cannot he ex[)ected to be exercised for the conunon welfare of all llis iviaiesty's suhje 'ts in this Province, but rather in furtherance of hostility to numerous classes of their fellow-citizens, a id for the reward of imprinciplrd and corrupt partizans and supporters, whereby the danger to the rights and liberties of the subject is rendered imininciit. " That one of the great advantages of an elec- tive branch of the Legislature, is the check which onght to resnlt therefrom on profuse and nnnccessary expenditure of public money on the part of the Ex- ecutive officers, but that tliis check woul 1 become altogether nnavailing if the Assembly were to obtain the distribution of public money among tl emsclvcs, or persons of their own choice, without tl e consent of the other branches, and the subject be thus left without sufficient securitv against rapacity, corn tion and tyranny. rup- 113 o, aiui ilio fuiuls of the rxpciist'S lo icriiio; tlit'ir irpation of 1)V the law 'striiclivc of f \\\v iiy;lits LToin. )rosculatloii ic who con- L' Pntviiuial jority of its : liatioiiality il)jccts, and U)d tcclin«»;s , the ])owcr lisposiiijii; of i whole Le- iscd for the c-'ts in this 1 /St.lity to rid for thp tizans and 'igl'ts and hit. f an clec- :ck which nicccssary f the Ex- |i become to obtain miselves, consent thns left corrup- ! '* Yonr ])0tlti()iu'rs therefore most Immbly ]>ray Chnp, that Vonr KxeelleiK v would be |)leased to take the ^^'^^vr j)ri'mises into your tiivorable consideration, and ex- 1^35^ tiiid to your j)etiti(>ners herein the j)roteetion of their Most (iraeious S()vereiu;n ; and your petitioners as in duty bound, will ever pray. " To which His Excellency replied: — > " (Jknti.KMKX, — 1 receive lliis Address with all the consideration which is tine to the character of the wealthy, inlluential and enlightened «»;entlemen by whom it is brought before me, and to the value and usefulness in the Colony of those whose wishes it ])urp()rts to convey. " JJut us within twenty-four hom's, my course n])on the matter, to which your j)etition reters, must be declared to the Lejrislature, I cannot think that any <»;ood end could be gained, by anticipatinji; the announcement. I will only state that 1 am furnisiied with precise instructions on the subject from His Majesty's Government, wiiosc motives, I beg you to be assured, are guided by the sole desire of ad- vancing the happiness and welfare of all classes of His Majesty's Canadian subjects." The Session was opened on the 27th October, witli the following speech from the throne by His Excel- lency : — Gentlemen of the Legislative Coiincil, Gentlemen of the House of Assemhhj, *' It is in no ordinary circumstance that I meet you, and consequences of vast importance depend on the impression you may receive from my words. Dis- sensions have almost arrested the course of Govern- ment. The supplies required for carrying into ex- ecution the laws by which society is held together, have now for a considerable ])eriod been withheld. The most urgent and conliieting statements of numerous grievances by adverse parties, have been 1'' Di ^!' I: \ ^ I I !!!!8 ■' 7. fl ■ .!): 114 Chap, l)i)rnc to tlic Throne of I lis Majesty ; but accompanied XXXVI. y^y\[\i c'X] )ressl()ns of an apprelieiision that the ^linis- ^g^^ters of the Crown riiiti;lit not liave that practical and local knowlcdjre of the Province, which is necessary for the discernment of the most appropriate reme- dies. I am sent amongst you therefore, not only as your CJovernor, but as the head of a Commis.sion u])()n which the task is imposed, of encjuirinp; fully, and u])on the spot, into the complaints which have been made ; and of offering to the King, and to the Councils by ^vliir^h the Throne is surrounded, the de- liberate ccmclusions of the Connnissioners. " There are some cases in which the Executive power of the Government will of itself be sufficient to supply a remedy; in others, though he cannot act by liimself, yet with the help of one or both branches of the Provincial Legislature, he may effec- tually accomplish w^iat is rccpiired ; there are others in which the laws and institutions of the United Kingdom make it impossible for us, without the enact- ments or sanction of the authorities in England, to effect what is asked ; so that if we were to act, we should be acting milaw fully ; if we were to make laws, they would be binding upon no one. " If these distinctions are borne in mind w'hilst I state to you the commands I have received from His iMajesty, and the policy to which I shall adhere, I am confident that T shall satisfy all impartial minds of the magnanimity and wisdom with which His Majesty has listened to your complaints ; of the re- solution which has been taken to redress every grievance under wdiich any class of His Majesty's Canadian subjects may labor, and of my determina- tion to do all of which I am capable, in giving effect to these generous and wise intentions. As Gover- nor, I will execute with alacrity, impartiality, and firmness, w^hatever I am competent to do of myself; as head of the Provincial Legislature, I will zealousl v 115 : accoinpanietl lat the ^linis- practical and h is necessary oprlate rcme- rc, not only as a Commission ncpiiring iii^yr. Us Avhieh have mp:, and to the nndcd, the de- aers. tlic Executive elf be sufficient ugh he cannot )f"'one or both ', he may effec- there are others lof the United thout the enact- in England, to ,\cvc to act, we were to make one. ^ 1 ti mind whilst I | received from | I shall adhere, .mpartial minds ith which His jnts ; of the re- redress every . His Majesty's my determina- Ihi giving effect IS. As Govcr- ipartiality, and ) do of myself; I will zealously co-operate with its other members in tlie redress of Chap, every evil they may find occasion to correct ; as xxxvi. (Vjitrnissioner, I ple(l;.';e myself that a promp»t, but""^"^^^ careful examinaiion will be m^ule of those still weightier matters wliicli (kpc.ul upon the hip;hest poweis of the Empire ; and that having with the most anxious thought and solemn deliberation, ar- rived at our conclusion, tlie Commissioners will state them with an earnestness of purpose, calculated to ! 1835. 118 Chap, that tlic Executive has not in all cases coniinunicated XXXVI. ^vhen rcc^ucsted, the despatches which have passed between the Coh)nial Department and the local (jiovermnent. His Majesty's Oovernment fears that the Assembly may have been exposed to some in- convenience from this source. The ride which I am instructed to follow, is a freedom from all imneces- sary reserve ; I am commanded to withhokl no in- formation from the Provincial Legislature which can be conmnunicated without a violation of confidence, of special detriment to the public service ; and in particidar, I am to offer you the fullest assistance in investigating every thing connected with the revenue and wdth finance. — There is scarcely any document within the power of the Government, which it will not always bo willing to lay before you, except those confidential communications with the authorities at home, or with its own officers here, which, it is ob- vious could not be made public in all cases and at all seasons, v.'ithout extren>e inconvenience. As an earnest of the sinceritv of those intentions, I have given diicctions that a copy of the annual return, generally known as the Blue Book, should in future be presented to each branch of the Legislature ; and since correct information on the statistics of the Pro- vince is an object of general importance, I invite your assistance in rendering all returns of this nature as accurate and as comprehensive as possible. " The too frequent reservation of bills for the sig- nification of His Majesty's pleasure, and the delay in communicating the King's decision upon them, is a grievance of winch His Majesty's Grovernment are solicitous to prevent the recurrence. I shall con- sider the power of reserving bills as a right to be employed not v»ithout much caution, nor except on some evident necessity. His Majesty's Government ilso undertake, on their part, to bestow the most prompt attention on every question of this nature, 119 connnimicated L'h have passed and the loeal iient fears tliat :d to some iu- ule whieb I am •m all imneces- ritlihold no in- ture wliieli eau of eonfidence, ervice ; and in st assistanee iu idi the revenue any doeumcnt t, which it will u, except those e authorities at which, it is ob- all cases and at nience. As an cntions, I have annual return, lould in future gislature ; and Itics of the Pro- tance, I invite s of this nature possible . lis for the sig- and the delay upon them, is vernment are I shall con- a right to be [nor except on [s Government I tow the most )f this nature, which may he brought under their notice ; and cs- Chap, pecially, that no measure having lor its object the xxxvi. institution, in the Provinces, of any Colleges or jygg ;Scliools for the advancement of Christian knowledge or sound learning, shall hereafter be unnecessarily deferred. " Connected with this subject, is the lapse of time which, it is stated, has on various occasions, occur- red in conveying to the Legislature His jNIajesty's answers to their addresses. It is very possible that delays which all would regret, may have taken place ; in some instances, perhaps, occasioned or prolonged by circumstances which no activity or zeal in His Majesty's service could have obviated ; but Ilis ]Ma- jesty takes so deep, and if I may use the expression, so personal an interest in the affairs of this country, that His Ministers have received the most unquali- fied commands to lay before His Majesty, immediately on its arrival in England, every communication which either branch of the Legislature may address to the Throne, and to see that His Majesty's answer be conveyed to the Province with the ut- most possible despatch. " There have been several complaints of other matters ; such as of the undue preference of the English to the French language ; of improperly calling on the judges for extra judicial opinions on matters which might subsequently come before them for decision ; of an interference in the elections of the representatives of the people, and of other matters on w^hich I should scarcely have thought it necessary to make any special observations, because I can assure you, generally, and without reservation, that any course of government liable to such impu- tations would be marked by the displeasure of His Majest}'', and because I rely upon your giving me so much of your confidence as not to suppose before hand that I should subject myself in these respects to any just reproach. Ui V i I r ri' ;''! 120 l;l if f Chap. XXXVI. 1835. " With respect, however, to any undue partlaHty to the English hmguage, it may not he superfluous to apprise you more expUcitly that His Majesty (lisapj)roves, and is desirous to (hscourage and pre- vent the adoj)tion of any practice- which would de- prive either class of his suhjects of the use, in their official acts, of that tongue with which early hahits and education may have rendered them most familiar ; and that if you should deem requisite to pass a law, for securing hotli the English and French inhahitants of this Province against any disadvantage arising from an undue preference to either language, I should he prepared willingly to assent to the mea- sure. *' It has been represented as another grievance that exorbitant fees have been charged in some of the public offir'cs. I have not yet been sufficiently long in the Province to have obtained accurate information on this subject; but lam willing to con- cur with you in a revision of the fees of every office in the Province, and in the appointment, should you think it expedient, of a commission of enquiry for that purpose. His Majesty has no wish on the subject, but that the remuneration of all public officers, from the liighest to the lowest, should be so regulated as to provide for the efficient dis- charge of the public service, — an object which can- not effectually be secured without a fair remunera- tion to the ])ersons employed by the public. " I will readily co-operate, if it ])e desired, with a Committee of both Houses, or of either House, in an enquiry not only into certain rules of practice, made by the Courts of Law, which, it has been stated in addresses to the Throne, have exceeded the just authority of the Judges, but also into the prac- tice and proceedings of the superior tribunals, with a view to rendering them more prompt and method- ical, and less expensive. I apprehend, however, I 121 I due partiality jc superfluous His Majesty rage and pre- cli would de- e use, in their h early habits most familiar ; to pass a law, ch inhabitants antage arisinpj r language, I it to the mea- lier grievance id in some of en sufficiently ned accurate ;^illing to con- )f every office t, should you ' enquiry for wish on the 3f all public It, should be efficient dis- t which can- ir remuncra- lic. sired, with a louse, in an of practice, it has been xceedcd the to the prac- unals, with nd method- , however, XXXV X. 1835. that after such an enquiry, it might not be in the Clap, power of the Governor alone to apply .".ny effectual remedy ; and that I should require the concurrence cf both branches of the Provincial I;ic.ili<>ii tlucs not ciill nc voii U) Li'rant ih.' ^!ll:tliv st •nnoiinl, incri' than wdtilii ha\c hcc.i i'(M|uir' vl Ii' tiicre had hccii no a(lvanic\ His Miijcsty therefore iiopes, lh:il an is>ue made in reliani'c on the jn.st ;ind ilheral lcchnir attention to such use 'fill St. tutcvs as uuxy liavc rcconlly rxpnvd, 1 hv*^ to rcconi- mcMul to vonr more innncdiatc- notice, one, the ex- ])iration of wliieh has affected the system of strict recijtroeily recpiisite to l)e maintained in onr com- mercial intercourse with th<> United States. — lalhide to the Act })assed in t}:.o 4th year of tlie Uein;n of His present jVIajcsty, entitled, ' An Act to continue for ii limited time, and to amend certain Acts there- in mentioned, rclatinpi; to the collection of the llevemie at the several inland ports of the Pro- vince.' I would also recommend to your considera- tion the whole question of prisons, and prison dis- cipline, a'ld the expediency of adopting some more etlectual methods tlian at present exist, for repress- ing crime, which, I regret to say, appears to be on the increase in tlie Province. "Of the Connnissi(m of which I have spolccn to yon, it will he the first and most urgent duty to pre- pare with deliberation and the utmost care, and yet without delay, tlie heads of a Bill for the giving up to the appropriation of the House of Assembly, the net proceeds of the hereditary revenue, and to pre- pare it in suc)i a form that it may be acceptable to the various authorities, whose sanction it may re- rpiirc, or under whose cognisance it may come. In what form precisely this important concession may be finally made, it would now be out of place to discuss ; but it will be necessary that two points should be seciu'cd, — First, that the management of the sources of that revenue of which the pro- ceeds are to Ijc appropriated by the House of Assembly, should be reserved to Officers of the Crown, whose account^s will be open to the inspection of the Legislature of the Province. Secondly, that llio ;i provision should l)c ni;i(l«' lor tlif support of tlic I'linp. XXXVI. useful Stil- ; to rc'coni- iC, the ox- u of stiic'l 1 our coiu- . — 1 allude ' llcijrn of* o conliiuic Vets there- Hi of the the Pro- considera- )ris()n dis- «)ine more 3r repress - ? to Ijc on pole en to y to prc- , and yet Li;iviiiir up m])ly, the d to pre- ptablc to may re- )me. In sion may place to vo points lagement the pro- louse of IS of the ispection dly, that Executive fi;oveninu'Ut and foi- the salaries of iIk Ju(l;j;cs hy an adecpiate civil li^t. taled (juestions respectinu" the Tl is;{5. le niueli aiii tenures of land and the reu-istrv ()t"title>, and all the coniplicated considerations eoiuiected iherewilh, will also form a suhject for the review of the Couunis- sionera ; and they are directed to make a comj)letc iuvesti<»;ation of the connictiu''' claims of the Crown and of the Seminary of St. Sulpice, within the Seitjcniorv of Montreal — what constitution and course of ])r()ceediu<»;s would he most advantay hvo });;rtios, nnd xxxvi. (.;^.|| ,,[' iliciii ;i|»|K'jirs to l)c aiitiitiul by jijiprclirii- TT'sioiis, whic'li. I trust, air ('Xjiu'.''«-'i'iit<' any 'lesiu'ii (o disliirl) th<' l()rrn of sofictv imder which voii have so lonj'' hccii coiitcnt- Z' cd and j)r()Sj)('nms. However (hllereiil from those 1h; ot her colonists in other |)arls o f tl le NVOl Id, v. nii- land eainiot hiit achnire the social arranticinents by which H nuinher ot'enterprisiiij:; colonists have^irown into a !ji;ood, relifi'ions, and hapjyy race of a^ricnltu- rists, remarkable f()r the domestic virtnes, ibr a cheerful endurance of labonr and privations, and f<)r alertness and ])raverv in war. There is no thontiht of endeavorinjj; to break np a s\stem which sustains a dense rural population, without the exis- tence of any class of ])()or. FiULiland will protect and foster the benevolent, active and pious priest- liood, under whose care, and by whose exain)>les, so much of order, of i;hty cohmles ot* Enn-land are maintained in every (piarter of tlie p;!()be ? liely U])on it, tliat the <;Teat and powerful country from whence vou have removed yourselves to these sliores, will not abandon here the policy which has established the prosperity of her Ticople in every other rej;ioii ; and that a (Jovernment of whicli constancy and good faith are the main clc'- I I-J(" pj;rtio.*. nn i!j»|>r(li(ii- I. 'In ihf u>taiu in litis por ('tui| lion of the I'vin|>ir(> the spirit of that (,'onstitiition, which has so lon;j, !)een held out as a l>.)on to its natives, and an indiie/iueul to the settlers who have iS'.il CI nharkcd in 1 I tl leir enter})nse tl i(.']i- wealth aiu il their hopes of individual ha|»pincss. *' in a declaration luit forth bv inanv anions; von, who inhabit this city, J. have scimi the foljowinij; ol)- jeets enumerated: I'irsi, to ol)lain f»r pei o.is of r»rillsh and Irish ori^^in and others, Ifr; Majesty's .subjects, labonn:reed upon, an address to His Exeelleney. on motion of ]\Ir. (TCalla that he would do all in his j)ower to enquire into all grievances and ap})ly remedies to them. According to his view, therefore, to adopt the course now proposed, would be plainly to declare that the Hcmsc had no c(mfi- dence in an administration which had in-omised to look into the state of the country with alacrity and diligence ; it would be to paralyze before it could go into effect, the cncjuiry about to be imdcrtaken by the Royal Connnissioners ; it was depriving the pre- sent administration of the oj^portunity which it had a right to expect would be afforded to it of doing good. Tlie hon. member for Yamaska (Mr. O'Oal- laghan) has told us, that he beheved the Gover- nor in Chief to be a man of perfect integrity, and ready to render justice where justice was due — why f2 )'.C ' )1 1;]() •I Chap, then, should they not wtiit? If the Executive lias XXXVI. .jijy instructions in regard to Jufifre Gale, tliev will, ]8u5. "*^ tloubt, shortly be conuniuiiciited to the House. He would therefore say, that in his opinion, the manner of ])roeeedin«>; adopted by the lion, member was unparliamentary; but su})posina: even that it \va/^ in rule, there are considerations which ought to restrain us from acting with preci])itation. He was entirely in favor of the object of this address, but thought it was too soon to present it, and a delay of tw^o or three days would be immaterial. " Mr. Berthelot rose and expressed his surprise at what had fallen from the hon. member who last spoke. Was an hon. member to be prevented from bringing forward a measure tending to the correction of a grievance, because the HouiC had not yet replied to the speech ? Was that sound lofj;ic ? He entertained hopes that the Commission would do tliem justice, but he could not think that it W'ould indicate any distrust of their good intentions, if they asked tlic Executive to communicate to them documents in which they were so deeply interested. The speech took no notice of that part of their complaint ; it was therefore necessary to remind the Chief of the Commission that it had been overlooked. " Mr. Lafontaine. — Similar motions had been brought forward every Session ; and besides the hon- orable member for Yamaska (Mr. O'Callaghan) had said that he did not desire to present it to the Executive, until after the House had delivered its address in answer to the speech. They were told that the new Governor would redress their griev- ' ances. He, however, did not see that the Ninety- two Resolutions needed any such enquiry. The Assembly had complained, and their com])laints were not made without sufficient grounds. All the members knew that the evils they complained of were real. To say that the Ninety-two Resolu- ! 131 ihvy will, e House, liioii, the . meinher ?n tluil it L ought to He was h-ess, but I delay of urprisc at who last iited iroiii correction et replied itertained m justice, icate any asked tlic unents in le speech )Uiint ; it f of the ad been tlie lion- illaghan) it to the vcred its ere told ir griey- Ninety- The m])laints All the lined of Resoki- y i lions needed to be looked into, would be to admit CLap. that they had been hastily passed, and without hay- xxxvr. ing been duly weighed and considered, which was ^^35 far from being the case. The question did not re- gard a new Goyernor, or one person more than ano- ther ; the matter before them was the correctit)n of a vicious system which must be amended — it was not a question of persons, but of principles. It was of little consequence who goyerncd, proyided these eyils no longer existed ; by keeping that object steadily in yicw they would avoid all risk of inyolying themselyes in contradiction. " Mr. Gugy thought that by adopting tlic present motion, they would create a needless difference between the House and the Executive, and the more needless because a little delay would occasion no inconyenience. Besides he did not think that the charges brought against Mr. Gale w^re of a nature to cause the removal of that gentleman from the Bench. He should therefore vote against the mo- tion, not on account of dissenting as to the time or form, but that he thought it altogethe runcallcd for. " Mr. Rodier differed altogether from the hon. members who had spoken. The lion, member for the Lower Town of Quebec, (Mr. Vanfelson,) had said that he considered the motion of the hon. member for Yamaska, (Mr. O'Callaghan,) as premature, and gave as a reason that there was now a Commission instructed to enquire into their grievances, and that it was proper to answer the speech of the Governor in Chief, before they presented any other address to His Excellency. Another hon. member had said that the motion before them w^ould have the effect of provoking the attention of the Noble Commissioners. These hon. meml)ers, to judge by their speeches, ^yould invest the Commissioners with an official cha- racter in opposition to the Assembly. This impres- sion he desired to remove. That House had nothing If. k :t I,. i •)i} oj i li' f, XXXVI. 1835. \i •V- I'' Chap, in common with the Commission. It acknowledged, as it was bound to do, tlie authority of the Gover- nor, but not that of the Commissioners. Our griev- ances are not of recent birth, they are known, and have too long weighed upon the people. The ap- pointment of Judge Gale was a grievance. Mr. Spring Rice had himself promised, had he re- mained in office, to refuse his sanction to that nomin- ation. The application proposed by the lion, mem- ber for Yamaska could not displease Lord Gosford, for His Excellency could not in the limits of an opening Speech embrace all their grievances ; His Lordship had, however, promised the House the communication of all documents in his possession relating to them, and, therefore, they would show no distrust of his promise by asking him specially for the papers relative to the appointment of Judge Gale. " Dr. Kimber would observe, that the appoint- ment of Mr. Justice Gale, to act in the place of Mr. Justice Vallieres, at Three Rivers, was a proof that the Executive had paid no great attention to that part of their grievances , " The motion was then put and adopted by a majority of 49 to 8." In reply to the Address, the Governor said : " Gentlemen, — I request you to acquaint the House of Assembly that I have not received any instruc- tion from His Majesty's Ministers on the subject of the complaint of the House mentioned in this Ad- dress, and that I shall cause to be conveyed to the House, without delay, copies of all such communica- tions and despatches asked for in this Address as are within my reach, relating to the no^nination of Samuel Gale, Esquire, to be one of the Judges of the Court of King's Bench for the District of Mon- treal," 13:] The appointment of Mr. Gale by Lord A ylmcr to Ciap. the bench of Montreal, was sustained by tlie Home ^^'^^^• Government. A part of tlie eorrespcmdenee relatin'■■'! i I at; . .\' Chap, lind l)t'cn the siil/jccts of Franco ncquircd tlio sninc XXXVI. i-'m-lits on uiviny; tlicir allci''^ of the soil, and becoming themselves Dritisli sub- jects. The Commissioners, he asserted, had no constiln- tional or legal powers vested in them. They might, to be sure, draw up a report and submit it to J lis Majesty's government ; it it coincided witli the de- clared wishes of the House, who were competent also to report, v/cll and good, — there would be no harm done, but tlieir work would be superfluous ; for, if they differed from what the Asscml)ly advanced, they might be assured that that body would not re- cede one iota from what it had demanded, butwoidd force its claims to the utmost. The address being delivered by the Assembly, His Excellency thankecl them for it, and especially for *' the flattering and kind manner in which tiiey had spoken of himself." " It will, " he added, " bo my constant study to adhere faithfully to the line of conduct which I stated to you at the opening of this session, and I shall feel truly rejoiced to find that course promote the good understanding which it is desirable to see re-established in this Province." These preUminaries being over. His Excellency sent down (9th November) a statement of arrears amount- ingto £105,098, due for the service of the Civil go- vernment, on the 10th October last, exclusive of the advance of £30,519, from the military chest, making in all £135,617, sterling, expressing his confidence that ^ the Assembly would see the necessity of pro- ceeding without delay to a consideration of this })art of the public accounts." An address was voted at this sitting to His Excellency, for an advance of £22,000, as well to ])ay off arrears due by the As- sembly as ti)wards defraying the contingencies of the present session. To this be answered that, in con- formity to w4iat he had stated in his speech at the 187 opening of the session, on the subject of tiie contin- gencies, he cheerfully acceded to the prayer of the addioss. It Inis been observed that in 1832, the revenues arising from the Jesuits' Estates were liberally given lip by the Crown, and appropriated by act of the Legislature to the purposes ot education generally. The building in the City of Quebec, formerly the College of that body had, however, as before the act, remained since the extinction of the order, in the occupation of the military as a barrack. The Assembly very early in the session sent up an address to the Governor requesting " communication of all such further information as he may have received from His Majesty's government, on tne subject of the prolonged occupation of the Jesuits' College in Quebec, by His Majesty's troops as barracks." To this he answered, that he had received His Majesty's commands to inform the House, that His Majesty was anxious that these buildings shjuld be restored as promptly as possible to their original vise, and that this measure snould not be delajed a day after other and adequate provision should be made for the accommodation of the troops." "It is," he added, " scarcely necessary to remark, that the pro- posal made in the address of the Governor in Chief on the opening of the session, to place under the control of the representatives of the people all the sources of local revenue, will deprive His Majesty of the means of providing for this object. As soon therefore as suitable barracks for the troops shall be provided, the Board of Ordnance will immediately issue the necessary instructions for evacuating the buildings in question." His Excellency's message was referred to a committee, " with an instruction to ascertain the actual value of the College and the ground attached to it, and also the annual revenue which might have been derived from the same during XXXVT. 1836. &; 1:]S f > ! 11)1 I8:i5. Chap. ciU'h period of ton years, IjcLwoi'ii (!ic ])rosent tiiiu' xxxvr. .,n([ jIj.jj .,j wliich tlu>y were first taken ])os-c>ssioii of 1)V the iiiilitarv aiitliorifies f aiul lu re the matter rested, tlie Committee not havini>; made any report. It was thoiit^ht by many tliat the determination expressed in this messao;e to retain the hite College as a barraek, initil other harraeks of ecpial eapaeity were hnilt at the provineial ex})ensc, (if the message were to he so nnderstood,) did not eorresj)()nd with the liberality whieh the (Joverinnent had reeently shown with respeet to the other ])roperty of the late order of Jesnits. ''I'he ereetion of fort ifi eat ions and plaees of aeeonnnodation for the Forces serving iu the conntry, liad hitherto ])een defrayed from the Imperial ^rreasnry, and the present proj)osition bore, it was said, in appearance, an nngraeions step to compel the Province to eontril)nte towards the ex- penses of those works which belong to, and properly ought to be at the cost of, the Empire. It being likely that the Bill passed by the Assembly for appointing Mr. Jloebuck, Agent for the Province, would be thrown out by the Legislative Council, the House ado])ted a scries of resolutions with respect to this gentleman, justifving liim in the position he had assumed on behaif of the Province, in a corres- pondence with Sir (Jeorge Grey, who had f[uestioned the accuracy of some of his statements, as well as his authority for making tliem.^* *Res()lvetl, — Tli:it this Hoiiso lias learned "v\'itli regret, tliat in consequence of repi'es.'ntation.-? made to the Riufht Hon. Loi-d Glenelg, dated 5t]i Jinie last, by Jdm Arthur R<»e])uek, l']squire, Agent of tliis House in England, and aceon;panied by varions ex- planations tlicreof, His Majesty's Secretary of State luis, by letter of Sii- Geoi'ge Grey, dui I the 11th nf same month, raised objections as t<>tlie powers posf,essed by the said Agent to expose and expbiin the proceedings of this House, its interests and sentiments, as well as those (jf the pco])le of this Province, in such a manner as he phould feel himself authorized to do l)y the powers conferred on him by the Assembly and its votes. l:i!» Ri'Holvt'd,— 'rimt tliK (ipiniou \vlitri'l)y tlio AgtMit of this Htnido, Chftp. ill l']ii,'liUi'l, is c'oiisidoi'cd m-'ft'ly t!i*' siiiiplf hcartT of ofricitil com- xxxvr. iiuinic.itiniis hclwot'M tlic llniH,; of Ass.^y^^ OlHcf. wmilil Icavf tli«' |[(Hist' iicjiily ill tlio .'^iinu' j)ositii>i\ ;i:' if it igyo. hu'l no utlioi' olmniit'l of ('(iiiiimuiii'iitiiiii liut tho (Itivonioi' of tlu; Colony ; tlmt in flit? case in ([lU'-dion tho A'_,'t'nt of this Ifousc was wanaiil(Ml hy tiic llcsnlntion.-* of tho Axsctiultly wliirh aiitlioiizcd liim *• to rcproscnt. to Ifis Majesty's i^MVi'iMinu-nt the intoi'sts and sentiments of tlie iiiliahitants fajesty's government, the interests and sentiments of the inhabitants of this Province, and to support tlie petitions of this House to His M.ijesty, and to both Houses of Parliament. Resolve I, — That it is theopiuion of this Committee, that in case the s lid Bill .should not become a law, it is right that the C'.'rk of tliis House should pay to the said John Arthur Roebuck, Esquire, 1 .: IH I: II! 11 'i^ I 111 140 Obap. or lu Lie! order, dut t»f the monies ii|)i)ropriiite(l lor the ooiitinj^tnt zxxvi. <'xp('nMen t)f thi^ iioiiHc, u huim not exceedint^ six hundrtMl poundrt, >.^",-^fc/ sterlini,', unnuidly, to iiideinnify him for liin care and nerviecrt in 1836. hirt said (|iiality of A^ciit ; and tliat lh<' said Clerk h«' in like manner unthorized to advanee to th(! «aid .ft»lin Artliur Itoehuek, K» 141 10 ooiitin^ciit tiurope in error le open- one re- to time ve, with )f an act or ordinance rehitinn; to the building or repairing of Chnp. churclies, parsonsigi* houses and church yards. To/^^^^'- this His Excellency answered : 1^35^ " With respect to the copies of legal opinicms mentioned in the a(hlress, 1 rc([uest you to inform the House of Assembly, that, although in the ])re- scnt instance the opinions in ([uestion may not con- tain any matter that would render their ])ublicity inexpedient, it would be obviously inconvenient to depart from the principle established for the ])ublic advantage, that the conunuuications which the con- fidential Officers of the Crown arc called upon to submit for the consideration of the Executive should, except in peculiar cases, be held sacred. A breach of confidence in this respect must tend to deprive the Government of the full and unreserved assistance of its legal nnd constitutional advisers, and thereby eventually produce a pernicious effect on the effi- cient administration of the public service. " Under this impression, which is in accordance wuth the principles I announced in my address at the commencement of the session, I must, though reluctantly, decline to furnish this part of the infor- mation prayed for." The public accounts with the usual statements of the revenue and expenditure of the preceding year were laid before the Assembly early in the session, and with them the estimates for the current year, His Excellency expressing by message his confident re- Hance upon the liberality of the Assembly for the necessary supplies.* * By the Public Accounts, laid before the Assembly, it appeared that the gross amoimt of revenue for the year ended the 10th October, 1835, was £205,910 sterling, leaving to Lower Canada, after deducting £54,876 due to Upper Canada as its proportion, together with £7,327 for collection, and several small items tor com- mission on incidents, drawbacks, (fee, a net revenue of £140,747. The net increase arising from duties under the Imperial Act, 14 Geo. Ill,, which for the year 1792 did not amount to £6,000, (see vol. 1, page 162,) now exceeded £50,000 The Casual and Territo- 142 Chap. XXXVI, 1835. Tlic Stnndinji; Committee on grievances, wliieii with the other usual JStan(hn<^' Comntittees had been revived with tlie sessioji, was on motion of l)r. O'CalJaghan instrueted '' t()en(juire into the proceed- ings," (the result whereof had been hiid hist session, ])y Jiiessage froin Lord Ayhner, ])eft)re the Assembly Ud ah'eady mentioned,) '' ado])tedby eitlier ]i(iuse of tlie Imperial Parliament, rehitive to the petitions ad- dresse(l by this House and by the })e()})]e of this Pro- vince to His Majesty, and the said Parliament, in the year 1884, on the state of the Province." These were the petitions framed on the 1)2 resolutions. ■^'' The menacing attitude assumed by the Assembly, and the hostile language used by members in the debates daily occuring in it, and secon-'ed by that of their supporters throughout the Province, par- ticularly in the District of Montreal, afforded just cause of alarm to the loyal population, who, deeming the Government criminally supine, ])egan seriously to look to their defence independently of it. The spontaneous formation of a Volunteer liille Cor])s was proposed at Moiitreal, and hmnedialely filled up by yoimg men of that city, who, to legalise the corps, made a tender to the Governor of their services in case of need. I rial Revouuo liadalso from £720 for the foi'iiieryear now inei-ca^ed to £5,209. * Tbe famous '.)2 Resolutions have been asei'ibed to the joint laboursof dili'erent moinlxM-sof the Assembly, they weie, howeve!, composed from first to last by Mr. l-*apine;ui. t "To His Excelleney the Ri,L,']i1. UonorjdUe Arehibald, l^arl of Gosford, ite., ti'O., ite., (loveriior in Chief of the Province of Upper and LoAver Canada, &c. "nio Memorial of F. C. T. Arnoldi, of Montreal, Doctor of JVIedi- ciue ; Francis Hunter of Montreal, ]\lerchant; Robert Weir, junior, of Montreal, Meichant; Aaron P. Hart, of Montreal, Advocate; and Robert jM'Kay, of Montreal, Gentleman — on behalf of themselves and others, His Majesty's faithful sub- jects residing in Montreal, respectfully showeth to Your Ex- cellency ; " Thyt at a meeting of C(>rtainof His Majesty's faithful sulijects, residing in the City of Montreal, held on the t6tli of the present 14^] es, vvliic'li ttccs Jiad ion of l)r. • proceed- st. session, Asseiiihly luiiisc of :itions ad- ' til is Pro- inioiit, ill ." These lioiis."^ ^Lssembly, rs ill the i\ by that lee, par- nxled just (leemiim' seriously it. The 'or])s was eel ii|) by le eorps, yiees in inc'i'i'Hscd tlie joint llOWOVCM, J^iiil of rovince of of Medi- )L'rt Weir, Monti'cal, eiuaii — on tliful siib- Yoiir Ex- suLjoets, le preeeut The otf'ev. lioweyer, was decrnied by the Goyenior Chap, in Chief,'" bui tlie oro-anization of the corjxs never- ^^^'>'^- tlieless ])roeeeded, until the a]>pearanee of a ])ro- 1^35^ iiionlh of l)ee<,inl)C!r, it wiis uiuiiiiniouj^ly ii'solvi-d, tliiit it "vvas ox- jK'diciit to form an Ass(!ciatioii to ooii.sist of cij^dit luiiidi'cd clVi-c- livf nn'ii, to bo dosiijiiatcd uii(1n the formation of the British Rifle Corps in iVhintreal, and also the nomination of such ofhcers as may be aj)- poiuted in the said Corps by those whom Your memorialists uoav re]>resont. "And your momorialists, as in duty bound, will ever pray." * Castle of St. Lewis, Quebec, '28th December, 1835. " Gentlemex, — I have received and laid befoi-o the Govei-nor in Chief your memorial dated the L"2d instant, in which, on behalf of yourseh'os and olhei's, you pray the sanction of His Excollencv to the oi'ganization of eight hundred efheient men, in ]Sh>nti'oal, under t'.e appellation of the ' Ihitish 11\1\q Corps,' for the ])urpose of assisting, as far as it may be in your powei-, ' to preserve inviolate the connection which exists between Croat ihitain and Lower Canada, and to maintain iuiim])aired the privileges confirmed to you by the Con^^titutiou.' " I am directed to acquaint you in reply, that the connection and the rights wliich you menti(>n, are not considered by His Excel- lency to be in danger; and that, if they were, their safety would be best provided for by the authority of Government, and not by the formation, in the time of entire peace, of an armed corps at the instance of private individuals. Such a measure is calculated not to })romote the good purposes you state yf citizens, e Govern- that con- ready and ?e. rounds for I he states luch, as it 3, a great 5 parishes, to assem- vering the etence of ' the city, sd to the nder that ree Mem- >f Assem- and des- subjects, heir ser- table and d severe- d thence I captain mity.' e House any, an did, on cular to ' Monday, May 5, :I805. * Sir, — I rc(|ucsl your aUciuUi'icc at drill this cvrii- \\\%\ I (losii'c to know Oil whom [ rnii (lcpi.ir.1, f(-r Timrscl-iv next ; Ix'in'j; a liolidav, the comp-'iiv will tiu-'i out to })i-actise tiring-, and i will awartl a Uieilal to the best shot. If vou do not show more activity i\]\d zeal ibv the company, 1 am a.fVaid it nuist be cl!s:M)lve(l, ft) the (jreat juij of (ni) jioIUlcdl encutics. ' Yoiu's,'&c., tS.\mii:v()i ,s De HlhjJ jX: "" t'dplai'ii. Tliat the political enemies liere alluded to are tliG EnLi'lish, Irish aaul Scotch inl!a])itants of tliis I'ro- vinec, in opposition to those of Freiuli Canadian ()rii;-iu,and that the same individual, on a late occasion, with a portion of his company under arms, as his Excellency has been authentically informed, was guilty of conduct universally stigmatised as disgrace- ful to a soldier, and tending to a ' disturbance of the public traucpiiliity.' " llcsolved, that tlie fore-mentioned circumstances stronu'lv demonstrate the determination which the revolutionary party has come to, of trampling under foot the liberties of British subjects, and of gaining an ascendency by physical force. " Resolved, that it is deemed expedient for the better })rescrvation of those rights and privileges, conferred by the Constitution, to maintain the posi- tion already assumed by the British Rifle C()r])s, and as it can scarcely be expected that His Lordship will be pleased to reconsider his reply, and permit the reorganizing and arming of the Corps, that we pro- ceed so far as justifiable in the organization and training requisite, so that in emergency our efforts may be the more })rompt and efficient. "Resolved, that our Committee draw np a com- munication and bye-laAVs for the government of the Corps, that these resolutions be published in all the Constitutional papers within this Province, and that Clmp. XXXVI. isao. « f 148 Clmp. fi copy l)c transmitted to Quebec, for the iiiibraiatioii XXXVI. 1835. of lli.s ExcciiCiiCN' the ^i()\eriior in (,/lr.ef. V memorial was addressed to liis Exeelicncy in eoiisecjueiice of the above, as follows : — To ills Excel! jncv the iviiiiht lioriorable Archibald, Earl of Goslbrd. he Memorial of Frs. C. T. Arnoldi, of Montreal, ])octor of Medieine ; Francis llunter, of Mon- treal, Merehant; Jlo})ert Weir, Junior, of Mon- treal, }'[erehant; Aaron P. llart, of Alontrcal, Advocate, and Robert Mackay, af Montreal, rr I — on behalf of tl id oth (jientleman — on oeliali or tiieinseives ana others, His jMajestyV; faithful subjects. liespcctfuUy slicwetli, " That your memorialists beg leave respectfully to acknowle(i_Li;e the receipt of Your Excellency's reply to their former memorial of the 23rd ultimo, in whieh Your Excellency was pleased to state th;'.t the coimection between this (Jolony and the Mother Country, and oiu' rights and. privileges, as confirmed to us by the Constitution, ' were not considered by Your Exeellency to l:e in danger.' " That your memorialists have most respectfully to express, on the part of the body they represent, their regret that they camiot participate in the opinion so entertained by Your Excellency. " That in support of the dissent of your memo- rialists they would beg leave to refer to facts — " That the House of Assembly has repeatedly pro- claimed a determination to effect a change in the Constitution of Government established in tliis Prov- ince, which cannot be reasonably looked for so long as the existing form of Government in the British Empire is preserved, and which, if effected, will in- evitably cause a speedy separation of the Colony from the Mother Country. It has not hesitated to use the threat, that so soon as an increase in the Provincial population will justify the attempt, that i^ 140 in'iiiatioii Icncy m ■cliibitld, Foiitrcai, )f Mon- jf Mori- rontrcal, [oiitrca], . otlicrs. tfullj to ''s reply imo, in thi'.t the Mother ^ifhiijcd red by lilly to 'esent, in the snciiio- y pro- in the Prov- ) long British ill in- olony ed to 1 the , that it shall he w-'xk, hi onkr to iiiaintain ' the iini])precl- Chap, able advantatrcs of self irovernniont,' slioii'd that X'"^-"^^'^- o-overnniont, shoiii ])eri()d not l)e ant!eij)Uto(l by ' beck in ^.i; clcswhcre a ^3^ remedy,' for their aHe;i;ed grievanees. " That the Speaker has,ontiie lloorof the House, dnring the ])resent session, deeh\rcd his resohuion to ])ersevere in eertain measures, in order to ensure a speedy dissolution of the ecmneetion ])etween the Colony and the United Kingdom, and the establish- ment of Republican institutions in Lower Canada. " For these reasons, and for frequent invasions of their rights and privileges by the Assembly, and ofJter constiiided authorities^ your memorialists do nc^t hesitate to assert that machinations are in progress dangerous to that connection, so happily existing, and to those rights and privileges which as Britons and the descendants of Britons, they are resolved to pre- serve against all attempts^ from whatever quarter proceeding, at the sacrifice of their lives. " 111 would it become your memorialists, and faith- less would they be to that spirit wdiich distinguishes the British nation, and w^iich equally characterizes the population of British descent, spread over North America, did they not denounce as dangcious and criminal that delusion which prompts the fragments of a foreign race, inhabiting a small section of this Continent, to attem})t to erect a distinct power, pro- fessing a policy and principles hostile to the spirit and institutions which predominate over that immense territorv. '' Your memorialists would fiu'tlier beg leave to Ftate, that the British Rifle Corps is composed of nienl)anded together to promolo go(?d purposes, and incapable of stating anything but (heir real intentions, that they shall alwjiys be found prompt at the call of their King and country, eager to defend British institutions, and resolved to protect their rights and privileges na the dearest legacy of their fatiiers. i\ 1 1 ri l')0 CLap. XXXVI. u And your iiicinorinll.sis as in lUifv bound will I ; every prnv Igyg The Colonial Seeretary, ]Mr. Sprin;;- Ivice, liwd in- formed liord Aviiner, bv letter of the llth Koveni- })er, 18o4, that a vacancy had occurred in the office of Judw of the Yice-Adniiraltv Court, by the re- moval of Mr. Kerr, and tliat in conseciuence of that removal lie had felt it hi:* duty to su^rnrest to him tlie expccUe'icy of resigning liis scat on tlie Bench at Quebec. Mr. Spring Kicc observed tliathe liad not as yet obtained Mr. Kerr's definitive reply, but, doubted not tliat his resiyjnation would ])e "-iyeii in. Under these circumstances he recpicsted Lord Aylmcr to provide him \vith the names of six or more gen- tlemen, from air jngst whom he should endeavour to select such persons as were best calculated to fill these important offices, (Judge of the Admiralty and Judge of the Court of King's Bench,) stating it also to be his desire that the offices held by Mr. Kerr should be in future severed. " At all times," he observed in this letter, *' but more particularly at a moment like th^ present I feel it of the highest im- portance that no persons, wdio can be considered as strong political partizans, should be placed on the Bench in Lower Canada. It is of course too much to expect on the part of men engaged in an active professicm like that of the law, an indifference to political opinions, but I may perhaps be ])ermitted to hope, that at the Bar of Canada, individuals may be found whose demeanor and conduct have been calm ai. J moderate, and such as not to create any per- sonal indisposition on the part of the most reason- able portion of the public." " Looking," he continued, " at the list of Judges of Lower Canada as it stood before the late events, I perceive that out of twelve names, there are l)ut three which bespeak a French origin. I need not point out to your Lordship the extreme importance )Oim(l will e, Ik. (I in- li iS'ovcni- tlic otfice »V llio re- cc of that [) liini the Bench at D had not ply, but, given in. (I Ayhncr lore gcn- cavour to > fill these alty ainl ng it also ^Ir. Kerr nes," he irly at a lest im- ered as on the 3o much n active cnce to nnittcd may be ay en calm ny pcr- reason- Jik1i>'cs events, are l)ut Jed not ortance 1 ihat in an}' selection to be made for the Hencli, a Cbap. c'oni})lete familiarity with mid knowledge of the ^^^ French langunge and of Canadian law, .should be con- TassT sidered as indispensable (pialities." Mr. Spring Kicc being shortly after the dale of the above letter, succeeded in the Cohmial office by the Earl of Aberdeen, Lord Ayhncr in a despatch of 23rd January, 1835, to the latter, observes in re- ference to the instructions he had received from his predecessor : *' I cannot conceal from you that the instructions of Mr. Spring Rice, if it shall be decided to act upou them, will be productive of no small degree of 'em- barrassment to me. If the appointments to otrice in this Colony are to be placed upon a footing diiTcr- cnt from that which has hitherto been the practice, and that too in a way evidently to exhibit a dimi- nished confidence m the discretion of the Governor in his selections for office, his situation must be greatly lowered in the eyes of the public. That, how^ever, is a point upon which the Secretary of State must decide ; it is for him to consider upon what footing it is most advantageous to the King's service that Ilis Majesty's Representative in the Province should be placed ; but I am apprehensive that the effect of any such appearance of diminished confidence in the discretion of the Governor as I have described, will be felt in a way that possibly was not contemplated when the instructions of Mr. Spring Rice were drawn up. I mean to say that it will create apprehensions in the minds of those who aspire to public situations in the Province, that the interest made at the Oolonial Office by persons of influence in the Mother Country, will be suffered to have greater weight than has hitherto been allowed in the disposal of those situations, and which will <.)peratc to their disadvantage. U'2 i[ I 1 u m i ^■i it |i ! Chap. " The nienibcrs oi' the legal profession in partieu- xxxvr. lar^ ^y\^^^ possess considerable weight in this Province, 1836. ^^^" ^^^ found, I think, extremely sensitive on this point. *' I apprehend that it would be difficult to find one out of any * six or more gentlemen,' of suffici- ent eminence in their profession to entitle them to that distinction, who would be willing to accept at the hands of the Governor, under these circum- stances, the provisional appointment of Judge ; he would consider that at least he would have five chances to one against his ultimate success, and should he after all be rejected, he would have to endure the mortification of descending from the Bench to make way for a more fortunate and per- haps a junior candidate. And here let me remark that the notoriety of this mode of recommending and appointing to office is inevitable ; it cannot be kept secret ; for the Governor would hardly take upon himself to submit to the Secretary of State the names of any number of gentlemen, without having first as- certained from each respectively, whether the situa- tion to be filled up would be acceptable to him." Mr. Spring Rice, in the despatch above referred to, also observes, " at all times, but particularly at a mo- ment like the present, it is of the highest importance that no person who can be considered as strong po- litical partisar . should be placed on the Bench in Lower Canada' — and he observes further on, "when I adrert to the line adopted by Mr. Gale before the Committee of 1828, and his connection with the mea- sures of those times, I very much fear that he will be looked upon with distrust by a very consider- able portion of the community in Lower Canada." In the opinion expressed in the first part of the fore- going quotation, "I do," observes Lord Aylmer in answer, " most heartily concur. It is most desirable, I ii ■-I 1 purlieu - Province, re on this It to find )f suffici- i them to accept at I circum- udge ; he have five iccss, and 1 have to from the and pcr- le remark tiding and t be kept ake upon :he names g first as- ic situa- mm. ferred to, at a mo- portance rong po- Jench in " when jfore the ;he mea- he will nsider- lanada." he fore- Imer in sirable, ,1 Ib^iS. loo that no person, who can be considered a; strong politi- Clinp. cal ])aitisaiis, should be placed on the Bcncli ; and xxxvt. 1 Lhinlv a better aeciiiaiiiiancc, witli the cluiiactcr of Mi\ (.jiule would have shown, that in selecling liiin for a scat on the JJencb, the principle iji ([ues- tion has not hern h)st sijiht ot'l)}' nic." " 1 know not what ground of objection may hiivc been furnish<.(l by ^Ir. (ialc, wiieii in England, ;ind imder examination before the Conunittee of 1828 ; but having since the reccijar of Jiower Canada, the individual M'hoin your Lordship may consider most fit to be a])pointed to a seat upon the Jiench. In making; this selection, I need scarcely recall to yonr Lordship's attention the claims to ])reterment which are ])ossessed by the f»;entlemen of the Jjar of French extraction ; and i have therefore to re(juest that, on this occasion, your Lordship would be ])leased to select from amon i r **m. n J 66 )f the 2iul I'Mcy is in- lovcd iVoiu Miicr upon .'S brought )C'C':isi()iu>(l, olrc't, from Di' CniiiKla, y consider [lie J'cncli. V recall lo pret'erinent the jjar of to re(|ucRt ^v()lll(i be :U ])erson, ly best (Ic- s CJoverii- yoiir Lord- onal)le ex- ec, Mould, s which 1 liich your all, therc- lau u]K)n isiou that neral ad- lartial dis- |l Aylnicr )f Kiiij^'s icnioval of lahicd on ^ly seated mediately ni, pro- bintnicnt. XXXVI. 1836. 'litis, however, he did not think (it to comply \vith, Chap. until the Session was considerably advanced, when after recei\ inji; an address I'roin the Assembly, desir in*;- that the acancy should be filled, he finally selected Mr. Elzear Hedard, who had moved the !)2 llesolutions, and whom he now j)r()m()ted to the Bench ns successor to Mr. Kerr. The aj)p()intment of this pjentleman was exceedingly unpopular with the British ])ublic, and all who were o])posed to the i)'2 Kesolutions, nor iiideed was it jrenerally j)0})ular with his own })arty, many of them dceminii; others of it betterentitled, as well by seniority as by professional experience, to the ])ost conterred upon liim.''* The sj)eecli of the Lieutenant Governor of Upper Canada (Sir John Colborne) in opening the Parlia- ment of that Province (14th January, 183G) had, in alluding to the af!*airs of Lower Canada, given offence to its leading politicians. The following is the passage at which offence was taken. " The peculiar position of Lower Canada, and the simi- lar constitution under whicli the institutions of both colonies are secured, do not allow the viis- sensions in that Province to be regarded by you with indifl^erence, nor indeed without deep re- gret, anxiety and a])])rehension ; the injurious effects of these influences have already been experienced ; they have tended apparently to discourage emigra- tion, and the transfer of ca])ital to this country ; and have acted disadvantageously in respect to the terms on whicli the large loan authorised jjy the Legislature was recently negociated in England. But whatever measures may be adopted in consequence of the in- *Mr. BeJavd was a eon of the late Mr. Pierre Bedard, who in 1810 incurred the displeasure of Sir James II. Craif^, and after- wards was appointed to the Bench at Three Rivers. He was carried off by cholera at Montreal, in 1S49. Mr. Bedard, thouj^'li lie did not rise to emiueuce, acquitted himself with integrity on the Bench, and was much esteemed for his many social and domestic qualities by all who enjoyed bia acquaintance. in .Ill ;| III I II. : 156 Chap, qulry of the commissioners, or whatever alteration '™*^' may be proposed to remedy the evils to which I have 11836^ adverted, you may rest assured that the Constitution of these Provinces will be upheld." It was therefore resolved on the 27th January by the Assembly of Lower Canada (on motion of Dr. O'Callaghan)" that this House will, on Thursday the 11th of February next, resolve itself into a commit- tee of the whole to take into consideration certain passages touching the state of this Province, in the speech delivered by Sir John Colborne, Lieutenant- Governor of Upper Canada, at the opening of the Parliament of that Province, on Thursday, the 14th of January instant."* A call of the House also on that day had previously been appointed, and it moreover was determined to take at the same time into consideration the state of the Province. On the advent of the 11th February, the call was postponed to the next day, and the other orders, were put of to the 14th inst. On the 13th, however, a cir- cumstance occurred which decidedly put an end to all prospect of a favorable termination of the Session. Sir John Colborne shortly after the opening of the Legislative session in Upper Canada, had been su" perseded in the government of that Province by the appointment of Sir Francis Bond Head, who, on as- suming the administration, and to inform the Assem- bly of the steps which the Home Government were pursuing, for an adjustment of the financial and other difficulties in Lower Canada by the Commissioners *" Messrs Amiot, Bardy, Barnard, Bertrand, Besscrer, Blanchard, Blanchet, Bouc, Bouffard, Careau, Caron, Cazeau, Child, Coiirteaii, Deligny, De Tonnaucour, De Witt, Dubord, Fortin, Frasei*, Girouard, Huot, Jobin, Kimber, Knight, Larue, Leslie, Letourueau, Marquis, Meilleur, Methot, Morin, Mousseau, O'Callaghan, Proulx, Tache, Antoine Charles Ta'^chereau, Jos,:;ph Andre Taschereau, Thibeau- deau, Trudel, Vanfelson, and Viger. Yeas, 42. *' Messieurs Baker, Blackburn, Claphara, Grannis, Gugy, Moore, and Power. Nays, 7." i ' \^ 157 • alteration lich I have onstitution anuar} by ion of Dr. ursday the a commit- on certain ice, in the ieutenant- ing of the , the 14th louse also ed, and it the same Province. e call was ders, were ?ver, a cir- end to all Session, ing of the been su- ce by the io, on as- Assem- ent were md other lissioners Blanchard, Courteau, , Girouard, a, Marquis, Ix, Tache, , Thibeau- igy, Moore, sent out for the purpose, had sent down to that House a copy of the Minister's instructions to those gentle- men as furnished by him, to Sir F. B. Head for his own information and guidance. The Speaker, (Mr. Bidwell) of the House of Assembly in Upper Canada, perceiving certain discrepancies between those in- structions and Lord Gosford's speech at the opening of the session, forwarded extracts from them to Mr Speaker Papineaufor the information of the body over which he presided, and who immediately laid them before the House. From this moment it became certain that Lord Gosford's mission was a failure. • His Excellency in consequence of this communi- cation sent down a message on the 15th, stating that *' having observed from the proceedings of the House of Assembly, that they have entered on their Jour- nals, certain extracts from the Instructions to the King's Commissioners in Lower Canada, in the shape in which they were recently laid before the Legislature of the Upper Province, thinks it right that the Assembly should be furnished with the same in a more accurate and complete form, and therefore transmits herewith copies of all those parts of the Li- structions which have reference to the topics em- braced in the extracts received by the House from Upper Canada. " The Governor in Chief has only to add, that he has already conveyed in his speech at the opening of the session, the sense in which these instruc- ticms are under 'ood by those who execute them, and that to the construction then put on them, and to every declaration made by him on first meeting the Legislature of this Province, he continues stead- fastly to adhere.'' This, however, did not re-establish the confidence which the revelation of His Excellency's instructions in the manner mentioned had shaken. Chap. XXXVI. 1836. 1 158 Chap. The Assembly ]iapsc(I (yeas 47, nays (>,) the fbllow- XXXVI. ji^p; resolutions in reference to !Sir John Colborne's TssT speech :— " Resolved, That it is the opinion oF this Connnit- tec, that this House, hi its exertioi s to procure a redress of the various grievances under which the pco])le of this Province labour, and to introduce a good and responsible system of local government, have, in addition to the other weighty and substantial reasons by which it has been guided, been greatly encouraged by the ho])e and expectation that any amelioration in the political institutions of the colony would be followed, of right, by similar advantages to our brethren inhabiting the sister Provinces of British North America. " Resolved, That it is the opinion of this commit- tee, that the political reforms which this House and the good people of this Province have been for a great n^my years endeavouring to obtain, have at various epochs been explained by the votes, resolu- tions and addresses of this House, and by the peti- tions of the people themselves. That the principal *>„,^bjcct of those reforms is : — ^o render the Executive I 0ouiiciT'"6f^lTijsTro\Tiic*c"ltrf^^ responsible to the I representatives of the people, in conformity with the 1 principles and practice of the British Constitution as j they obtain in the United Kingdom ; to extend the V principle of election to the Legislative Council, which I branch of the Provincial Legislature has hitherto pro- I ved, by reason of its inde})endence of the people, and f of its imperfect and vicious constitution insuthcient I to perform the functions for which it was originally I designed ; to place under the constitutional and salu- ^: tary control of this House the whole of the revenues I levied in this Province from whatever source arising ; I to abolish })luralities, or the cumulation in one person I of several or incompatible offices; to procure the rc- I peal of certain statutes passed by the Imperial Par- 's* ili'!'' 159 tlie follow - Colbornc'y < Comniit- l)r()ciirc a kvhicli the trodiicc a rcrnnicnt, ubstantial 11 pjrcatly that; any lie colony intaxrcs to of British coniniit- -ousc and en for a have at , resohi- he peti- H'incipal xecutive to the with the ition as nd the which to pro- )Ie, and fficient finally d salu- vcnucs rising ; lerson he re- IPar- 11 lianicnt, in wliicli the ])C()ple of tliis rrovincc are no^ Chap, and cannot 1)e represented, wliich acts are an in- frinLi;cincnt of the riglils and privileges of tlie Legisla-fTssoT ture of this colonv, and are ininrions to the interests] of the ])co})le thereof; to obtain over the internal i affairs of tliis Province, and over the management and) settlement of the wikl lands thereof (for the advan- tage and benefit of ail classes of His Majesty's snb- jects therein without distinction), that wholesome and [ necessary control whicli springs from the principles| of the Constitution itself, and of right belongs to the} Legislature, anil more ])articularly to this House a^ tlie representatives of the people ; which reforms arei specially calculated to ])romote the happiness of Ilis^ Majesty's subjects in this Province; to draw more t close tiie ties which attach the colony to the British \ empire, and can in no way ])rejudicc or injure the I interests of any of the sister Provinces. ^ " Kesolved, That it is the oninion of this Commit- tee, that it has long been the aim of the enemies of these colonies, by deliberate and unfounded mis- re])resentations to engender dissensions and bad feel- ings between the people thereof, in the hope of })re- venting all union of purpose among the said peo])le, and of thereby ])reventing the reform of those many abuses and evils of which the people have so Ire- quently complained, and which are connived at or uphekl for the advantage of a minority hitherto un- justly possessing, and still endeavouring to maintain, a political ascendancy in this Province, contrary to the principles of all good government. *' llesolved. That it is the opinion of this Commit- tee, that this House has seen with extreme concern, a speech delivered at the o])ening of the ])resent session of the Legislature of Upper Canada, by His Excellency 8ir John Col]>onie, late Lieutenant Gover- nor of that Province, at a moment when his sudden recall reflected particularly on the merits of his ad- IGO ^^: Chap, ministration, in which It is stated that tlic aiValrs of xxxvi. (\^\^ I'rovince had exercised an injurious infuiencc oa 1836. ^^^^ interests of Upper Canada — had tended appa- rently to discourage emigration and t]ie tranyfer of capital to that country, and had acted disadvantage - ously in respect to the terms on which the large loan authorized hy the legislature of that province was recently negotiated in England ; that such a state- ment is calculated to misrepresent the views of this House — to prejudice the people of these Frovincea against eacli other — to disturb that good understand- ing which ought to prevail, and wliich has hitherto prevailed between the said people ; and in place thereof to sow discord and animosity among the several classes of His Majesty's subjects in these Provinces. " Resolved, That it is the opinion of this Commit- tee, that strong in the rectitude of their intentions and principles, and moved alone by a desire to in- troduce order and responsibility into their political institutions, in the place of the disorder and al)use9 which now unhappily prevail, this House and the people whom it represents, indignantly repudiate all - design to injure the interests or embarrass the exer- tions of the people of Upper Canada, in wdiose wel- fare the people of this Province feel a lively interest, and for whose patriotic exertions to improve their political and social conditions, this House entertains a sincere respect, and this House is gratified to per- ceive that the representatives of the sister province have done this house the justice to acquit it of being the cause of any dissensions or embarrassments ex- isting in the country ; and this House firmly repeats that those dissensions and embarrassments proceed from the defective constitution of the Legislative Council of these colonies, and from the continued unconstitutional exercise by the same persons of exeoutive, legislative and judicial functions, from \ IGI ic iiiValrs of ifiuciicc oa idcd appii- traiisler of advantage - 2 large loan Dvincc ^vas cli a state - oWs of this Provinces nderstand- is bilherto :l in place imong the s in these s Commit- intentions sire to in- r political nd abuses and the udiate all itlic exer- hose wel- } interest, ve their ntertains to per- province of being snts ex- repeats proceed islativo fitinned ions of from 1836. which causes liave resulted the abuses of which the Chcp. people have so long and so justly complained. xxxvr. " Resolved, That the Speaker of this House be au- thorized to transmit copies of the foregoing resolutions to the Speakers of the several Assemblies of Xpper Canada, and of the other sister Provinces, and to ex- press the desire of this house cordially to co-operate w^ith the said Assemblies in all constitutional measures calculated to promote the mutual interests of these colonies." Mr. Speaker Papineau addressed on the occasion the following letter to Mr. Speaker Bidw^ell : — " Sir, — In the exposition of the extent and nature of the reforms demanded by the people of this Pro- vince, and in the resolutions of their representatives, which I transmit to you by order of the House of Assembly, wt hope a proof will be found of the earnestness with which we are endeavouring to se- cure the establishment and recognition of the politi- cal rights of our colonial fellow-subjects as wxll a? o^ our own. " To whatever extent the blessings of a just, cheap, and responsible system of government are obtained by us, to that extent and amount will the people of the British North American colonies participate in the same blessings. " They cannot but readily understand how various and how grinding are the abuses which distract this Province, when they are told that for many long and painful years the people have directly by petitions, or through their representatives, in terms of no com- mon emphasis, and by majorities so overwhelming, that one might say, without impropriety, unani- mously impugned the administration of affairs in every department of the public service. They have demanded the adoption of measures alone adequate to the cure of the various abuses which have sprung from imperfect institutions, acknowledged by a Com- Ill m ill M W' "i 1 ; 11' 111 mi i ']\: i' l1 m 1 mi ' 163 Chap, niittcc of llie Ilousci of Ooninioiis, so far back as XXXVI. 1828, to have l)Ocu viciously administered. So late 1836 '^^ ^^^^ yaw 18o5 it was admitted, both in the House of ConuHons and in the House of Lords, (m the min- isterial as well as on the opposition benches, by men the most opposite in their opinions on every question of domestic or European policy, with a concert that could arise from no other cause than the clearest evidence of the fact, that nothing efficient had yet been done in Canada to remedy acknowledged abuses — abuses denounced by this House, denounced by Ilis Majesty's government, repeatedly denounced by Committees of the House of Commons, which enjoined responsijjle ministers to sec that they should cease. " These ministers w^c impeach as being unwdlling to effect the good work of peace and conciliation when charged so to do. We impeach them for their instructions of the 17th July, 1835, devised with a view to impose a government upon us which will be more irresponsible than it has ever been in time past ; more prodigal of our lands and taxes, wdiich consti- tute the common fund ; more oppressive by the num])cr of its af>-cnts and their excessive emoluments, out of all just proportion to the value of the services rendered ; and more servile on account of its most direct dependence on Downing-strcet, where they never understand — where they are unwilling to under- stand, that the state of society all over continental America re(|uires that the forms of its government should approximate nearer to that selected under propitious circumstances, and after mature considera- tion by the vrise statesmen of the neigh])oring Union, than to those into which chance and past ages have moulded European societies. •' We crave your attention to the contradiction manifested in these instructions of the colonial iSIin- ister above alluded to. They first acknowledge a few protecting axioms of public colonial law, the \ » % • far back as red. So late in tlic House , on the niiu- chcs, by nicii very question concert that the clearest 'ient had yet edged abuses ?nounccd by enounced by lich enjoined ould cease, ig unwiUing conciHation lem for their vised with a Inch will be n time past ; hich consti- by the nolunients, le services of its most here they to undcr- ontinental overnment ted under considera- ing Union, ages have » trad ict ion )nial Mill" )wledge a law, the 1*2 \ m 1(13 salutary operations of which they practically obstruci, Chap, aiul then fritter tlicMu down into insignificance l.y^^-''^^- niceties and hypothelical extreme cases, which tlie igsoT minister creates to justify the exceptions he chooses to nuike to their application. " Thus the Minister of the day admits that parlia- mentary legislation on the part of (jreat Britain, on any exclusively internal subject in any British cohmy possessing a representative assembly, is, a general rule, unconstitutional ; yet by the Canada trade acts, tenures acts, smuggled American land company acts, this general rule has been repeatedly grossly violated. ]}y the first of these acts, temporary taxes imposed durinjji; the late war, for the duration of that C| war an djiiiyi! lirer, as a means oi aidiny: urcat iiritj 1111 to preserve a resting place on this continent, have been ungratefully and oppressively revived, and made permanent by the Imperial Parliament. It is true that the government of Upper Canada induced a bribed or unwary parliament to petiticm for the re- vival and continuance of those taxes ; but a treacher- ous Governor of this Province withheld from this Assembly the information of this fact transmitted to him to be communicated to the representatives ^yf the people of this colony. For years the Assemblies of both the Canadas have been endeavouring to settle this important cpiestion ; but the useful bills to pro- vide for the appointments of commissioners have until now been rejected by the Legislative Councils of the one or the other of these Provinces in turn. " By the other imperial acts, property affected in its incidents and conditions of possession and trans- mission has been rendered insecure. An odious monopoly, which retards the settlement of the coun- tiy, has been created; the administration of justice has been impeded by an attempt to introduce a second system of laws, in a country where courts arc constituted, and judges commissioned and sworn to administer a different system of laws. I ■ ii 1 L. ll I .fill « ' I ii $ li M l;i ,1, 104 Chap. " Ot* tills uricoiistitutioiuil parliamentary lc>g;i8lali(;a XXXVI. Qjj |]j(^ pj|j.(^ of (jircat Britain, on snjjjccts of an cxcln- ""J"^J^ sivcly internal nature, in a British colony possessin^^- a re])resentativc assembly, this House has repeatedly, but hitherto ineffectually, complained. " Were we to resign ourselves to a degradlnp; f-ys- tem of servitude, do you hope, do you believe, that the ministerial policy which would deorjule us, would consent to concede to you an cnnobliu"; system of f' eedom to that extent you deserve, and which the jpid and easy expansion of the moral, intellectual ; '\ industrial capacities of the robust, and rapidly •v.:^.imnlating population in the several Provinces, w^ouiu soon reveal ? How vast is their combined strength and resources, when no sinister and baneful influence is busy sowing dissensions, or exciting by misrepresentations, hurtful prejudices amongst those who have so many great and common interests. If misrule went on unchecked in any of these neigh- bouring colonies without exciting our sympathy, your ills would soon become our ills, and ours w ould reach you in turn. If, however, you are free from improper and unconstitutional parliamentary legisla- tion, we rejoice that such is your happier lot. If you have to complain of evils similar to ours, or of any other evils, all constitutional means in the pow^r of the people of this Province would readily be re- sorted to, to aid you in their removal. Such good offices it is the duty of every colony to tender and to accept in return. ^' The present colonial Minister, who is forced to v^icknowledgc the correct axiom, that British colonics possessing a representative Assembly, are of right freed from the lef»;islation of the Imoerial Parhament, is so attached to the privileges ccjoyed by his pre- decessors in office, of misgoverning these distant pos- sessions, that he hesitates not to lay bare (in his instructions to Sk Francis Head) in all its naked L._._^_^^ lOu iry Icgi.slali(;ii s of an cxclu- \y ])C)SSC8.sii>n- IS rcpcatcdiv, D'n'adluc; f.vs- ])clieve, that lie lis, would ig system of id which the , intellectual and rapidly il Provinces, ir combined ■ and baneful exciting by nongst those nterests. If these neigli- • sympathy, I onrs would e free from |tary legisla- ier lot. If lours, or of II the power idily be rc- Such good tender and forced to ?h colonics le of rio'ht It lariinment, his pro- istant pos- je (in his lits naked defoniiity, lli'J colonial system as It is understood and Clmp. exponiKK'd in Downiui'; direct. The inferences which ^^^"^^ arc maaitesdy to be deduced from thc.-^e encroaching "j^^^^ instructions, "are, that in the most minute details, cv'vM-ythinii; thouglit of an exclusively internal nature in Ih-itish colonics having rcprc-entative assemblies, must be carefully kept under the ])atronage, direction and official legislation of the Colonial Oflice. The remonstrances of near ii million of people in the Canadas, constitutionally expressed by their repre- sentatives, disturb too much the set doctrines and practices traditionally transmitted ^ )m tories to Vv'liigs, from Lord North to Lord Gk ^e) to expect the concession of any remedial mer urc .vhich the suiferers claim. '' The people of the Canadas, lai:o ing under the accumulating wrongs proceeding ^Vom an act of par- liament, unite as one man, in dv ... nding that that act be amended in such of its provisions as relate to their Legislative Councils, which they denounce as the cause and mainspring of all the heartburnings, distractions and sufferings in these Provinces. The colonial Minister, four thousand miles distant from the scene of our sufferings, and naturally unable, from the multiplicity of his avocations, to become ac([uainted with the extent of our wrongs, arrogantly tells the Assemblies that have declared that all reme- dial measures short of rendering the seats in the Legislative Councils dependant on popular election will be futile and unsatisfactory — that ^ the King is ' most unwilling to admit as open to debate, the * question, whether one of the vital principles of the ^ Provincial Government shall undergo alteration.' These deceitful agents, the Royal Commissioners, to ^v]wr^^^Tei^lhsf rugrmttS-'mn^ -adt^ t'oTd"" tfifg A§'^ewWyfifW=rt-he*mhief-h^*, t^^^^^^ not pre- cluded fi'om entering on an enquiry on this grave subject. Instead of freely communicatmg those in- 100 Chap. Rtrnctlons to tlio Lop;lslaluiv of lliis Province, on ItH l)ein«j; convciuMl, on whose dotorminMtions tlicy wonld not hnl liave luicl i;TeiU inllucncc, \\\v Ivoval Cornniis- XXXV r. 1830. sioncrs carofnlly witlilu 'Id tl K'sc inslincdons ; ant I it was not until after nearly ioin- niontf-"- session, tliat the representatives of tliis Province by chance learned the sn|)])ressed truths from the newspapers of the day, and thus for months have heen unfairly de))rived of all means of protestin au aristo- 1 its power. i has quln- ^he soil of 7, yet tlie their earc, :niie to au they per- they may )me future f a minion o desire to tutions of 1«^»7 their neighbours, and wlio have a right to claim, if Olmp. diev see lit, and who would beneheially enjoy, as xxxvi. much of political i'rcedom as was the lot of the most jgyy favored of the Jh'itish subjects within the limits of colonies founded by charters of iuc()ri)oration. '' These sages tell us, moreover, that il, contrary to their forebodings, they are driven by our importuni- ties to ])ro])ose amendments to the statute of 31st iJeo. 111. chap. 31, it would not be in accordance with tlie views antl wishes of the living generations oppressed bv its enactments, but in accordance with the views ol its bribed and p>cnsioncd and endless ar- ray of sinecurist framcrs. To menaces such as these, w^c can only reply, that wo value too highly a repre- sentative form of goverimieut to sanction any attem])t to infringe our constitutional rights, and that such violent attacks on those rights could not biit excite feelings ruinous to the interests of the parent state on this continent. " For a long number of years the government of this Province and its officers have been in continued minorities in the House of Assembly. Their blind obstinacy to the same oppressive and illiberal policy, brou<2;ht at last the administration into such thorou"li contempt, and so disgusted the mass of the people and their Re])rescntatives, that these on the 21st February, 1884, — Resolved, ' That the public func- tionaries of the colony are combined as a faction, and induced by interest alone to contend for the support of a corrupt government, inimical to the rights and opposed to the wishes of the people,' and had recourse further to the extreme though consti- tutional remedy of withholding the supplies mitil the numerous grievances detailed in the 92 rosohitions, then adopted, should be redressed, and the remedies demanded to prevent their recurrence be granted. '' The then Governor in Chief, in an angry and unparliamentary speech, with wliich he closed the ',i 108 f^ ifi hi I II'! Chop, session of 18;J4, ciulcuvourcd, hut in vain, to throw xxxvr. ^ censure anil create odium on these dehherate 1830. '»^ t>f tilt) House of Assenihly of this IVovinec, {issertinjr p;r()undlessly that the sentiments of the constitueney did not respond to tiie solenni deelara- tions of their representatives, and that the people were attached to the goveriunent as it was consti- tuted and a(hninistere(h General elections soon fol- lowed, and the result was, that not a single candidate connected by office to the iVovincial government could secure a seat, whilst those who were returned have repeatedly declared their adherence to the prin- ci[>les avowed m those resolutions in a proportion of eighty out of eighty-eight members, the full number of the representatives. " Instead of grappling with evils of such a magni- tude and old standing as those against which we complain. Lord Glenelg has thrown together raw and imdigested ideas, as to the means of checking some of the minor abuses. Policy such as this might be considered a disingenuous effort to uphold by mild palliations the system which generates these and greater abuses. But, on the other hand, open and violent attacks are directed in those menacing in- structions against the most necessary and just rules by which frecborn British colonists have striven to protect themselves against improper interference on the part of meddling colonial ministers. With this view importunate solicitations are rcLcwed, to obtain appropriations for ten years, under the plea that Lower Canada would thus be more connected with the other members of the British empire. " We, on the contrary, consider that were we to succumb in this assault against the policy that gen- erally prevails in the colonies, which was wisely adopted to protect colonists against the natural and habitual partiality of Downing Street, in favour of its nominees, the calamitous concession would separate f h ' 'l ^m ••>^^^rr . ) M'iV |!f ■' •i! ! I ;;4 1.^ i 170 Chap, of tl)eir official duties had become the opprOf>sort? XXXVI. of the people. " Ahhough the civil hst be granted for the life of the Kiiig, all the officers connected, with the excep- tion of a few of the officers of the honschold, attaclied to the royal person, are to use the improper exprcs- si(ms of Lord Glenelg, daily beggars, not on the King's good will, but on the Conmions, whose wishes call them to office, or turn them out of office, in some cases after a few days, in others after years of service, but in every instance on a lease rcvocal)le at wdll. In giving despatches for the direction of a govern- ment to Upper Canada, when a permanent appro- priation was procured by misrepresentation and sur- prise, and when the utmost discontent and indigna- tion have existed as well against the government, and that Assembly which had surrendered its powers and just influence, and thus betrayed the rights of its constituents, hcnv can Lord Glenelg pretend that an appropriation for a long period w^ould produce con- tentment in Lower Canada, where the demand has lor fifteen years been invariably resisted? '' Li many other respects might these instructions be commented on to prove a deep laid plot and wicked determination among those who penned them, not to consent to any rational reforms in the colonies, in op})osition to the blind prejudices and routine business of Dov/ning Street. But this hurried com- mentary in the midst of the fatigues attendant on a lengthened session, will, I hope, suffice. " Elected iind solemnly pledged to ])rocure a re- dress of the grievances under which the people of this Province sufFcr, and to carry out the ])rincl})les laid down in the resolutions transmitted herewith, the practical operations of v/hich can alone prevent a recurrence of these evils, we have been assailed and denounced by the enemies of a responsil)le form of government. Those interested in the continuance o ■■'((, ni the oppret^soie I for tlic life of ►vitli the cxcc}>- chold, attached proper expres- s, not on the i, whose wishes office, in some ears of service, ocal)le at will, n of a govern- manent appro- tation and sur- t and indigna- ►vernment, and its powers and [c rights of its retend that an produce con- demand has ed? se instructions aid plot and penned them, n the colonies, and routine hurried com- tendant on a * )rocure a re- ihc people of he ])rinci])les ed herewith, lone prevent )een assailed onsi!)le form continuance le c;f the pios>ont system of ir.isrule have l)oen aclivelv" Cbap. e.: .;;i^Li;e(l in nrisrc[)rescntli:<;' ora* views in (lie hope xxxvr. <)f:;ovviir;' division and iinimosity amuiip; tiie jjcopie'^jrjr' of lh?.;e coioiiic::. ami ])y tliose means crusbiuj^ tlierein lh(j v;uise of reform. " h\ (leleiice of priiK'i};l('S ^vhich arc dear to the mass oi' llic inhabitants of ]]rilisii Nortli Amei K'i*, \vj licsit.Ue iiol. to piil>!i.-'i) iIi'MH to the workl, sjilis- iic;l)ls, ;ihc has acteiis oj)pos!tion, nor from any local ])rejndiee.s ; all slie re([nires is direct responsibility to iier people in 'liie several departments oi'tlie slate, and economy in her fj-overinnent. Slionld she succeed in oblainiiic^ » these, there cannot ])e a dou])t but the people of tlie other Brittr;]i Provinces must obtaiii the .vamc extent of ])olitieal jwwer and liberty. '• In the hope, sir, that (lie Assenibly of which you are the organ will co-o})erate vvllh the representatives or' this l*rovince in procuring a better colonial system of government for all, I be*.;; to assure vou of the readinews with wiiich the As.-embly of Lower Canada will use all constitutiona.l means in its power to advance the mutual interests of the British North American (Jolonies. " I have tlie h(mor to be, " Your oljcdient and humble servant, " L. J. PAPINEAl J, i^peaker, " House of Assemblv, "QucI.ec, l^tli March, 188b. '' To M. S. BiDWELL, Speaker of the " liouoe of Assembly of L'pper Ca.nada." Sir Francis Bond Ileal, in re})ly to an address })rcsented him on the 28th May, ISoO, from people of the Home District, prayin.; him to dissolve the House of Assembly of that Province, observes: — u m m \ i '[ w m p 1 M 4 irj: ' il 1 \ \ 1 ^'''If |:|| 1 \\. 1 It ■a ' 1 1 1 ; 1 ^ 1 Ohi V' Gextlemex, — Tlic julrljTsses I have received. XXXVI. re q nest 11 ui; nie to thssolvc tiio pre.'cnt lions o] 1886. e:nblv, arc so numerous, the si'i:natures are so re- speetable, and the jfh'ni, uianlv iaiurua^^e conveyed to me from jill })arts of the Province, is so strongly corroborative of a feeling of general disa])probatioii of the liardi mccisure tliat has been resorted to, by st()})})lng the supplie.], that I shall no longer liesitate to exercise my prer bly " o j;ative, l)V dissolving; the Assom- ^\'it1 1 resj)cct to a cortam letter, v»l)ic!i you state liicl] hiid on the table of the Ih )f A? u;is laid on trie tat)ic or tUe House ot Asscinblv a « * fjvv' liours before the prorogaticm of the Legislature, 'purporting to come from the Speaker of the House ' of Assembly of Lower Canada, and addressed to the * Speaker of tlie House of Assembly here,' I have loiig refniined from noticing tliat document, altliough it has repeatedly been indignantly referred to in the addresses from this Province, ])ecause, as the resolu- tion of the House of Assembly of Lower Canada, I dated 15th February, merely authorised tlieir Speaker to ' transmit c()])ies of the foreiioino; resolutions to the ' Speakers of the several Assemblies of U})per Cana- * da, and of the sister Provinces, and to exj)ress the * desire of this House cordially to co-operate with the * said Assemblies in all constitutional measures calcu- * lated to promote the mutual interests of these colo- ' nles,' it was evident to me that as Mr. Speaker Paplneau's duty w^as thus clearly prescribed to him, he was not authorised to tack to his official comnui- nication his own private sentiments, nor was he in any way justified in proclaiming them in the first person ])lural, as follows : — ,ja '' ' These ministers ive impeach.' Were lue to re- ^ * si;radin2; system ' of servitude.' * If misrule went (m unchecked in Huy of those neigh- * bouring colonies without exciting ovr sympathy, * your ills would soon become our ills, and ours would 178 avo ivccivcd, lloijso of As- res arc so re- i !.:;(,) conveyed is so stronjj;ly ;isa])pr()batioii sorted to, by )iij2;er liesltate vj: the Asseni- licli voii state t" Asscinhlv a e Legislature, of the House h'csscd to the here,' I have leut, altliough rred to in the as thercsolu- pwer Canada, heirSjicakcr utions to the J])per Cana- express the ate with the isures calcu- )f tiiesc eolo- Mr. S})eaker il)ed to him, cial eoinmu- )r was lie in in the first ere ive to re- f servitude.' those nei<2;h- * sympathy, I ours would * soon reaeli yon in return.' 'If yuu have to coiii])lain chap. *■ of evils similar to <// ' thfi wise Statesmen in the neighhouring Union, than to ' those into wliich chance and past ages have moulded ' European societies.' "What is the real character of Mr. Speaker Papi- neau's language ? — what is its latent meaning ? — what epithet will the civilized world give to it? — whether the House of Assembly of Lower Canada will approve or c(mdemn their Legislative name being thus taken in vain, are opinions which were so unecjuivocally expressed in the House of Assembly in this Province when the document in question was first breathed upon them, that I have no observation Avhatever to make on the subject. But as Mr. Sjicaker Papineau has thought ])ro])er to pronmlgate in this Province that ' the jieople of the Canadas, ' hiboring under the accumulative wrongs ])roceeding ' from an Act of i\u*liament, inn'te as a man,- I feel it necessary jMiblicly to repudiate that assertion, by declaring what the state of opinion in U})per Canada I il ■. i re ill V IS. Iiil '!l! •wi hi Cliap. XXXVI, 183C). 174 " The people of L'pper (Jaiiacla clekst dcinocraey; tbev revere tlieir Coiisiiiiiiional Charter, and are conse(|uently stauneh in alle*i;i;-'.iiee to their Kiiifi:. " "^rhey are })erfeetly aware that there exists in tfie Lower Proviiiee one or two iiulividiials who ineuleate the idea, ihat this Provinee is about to be disturbed by tlie iiitLM' fere nee of foreijji;iiers, whose power and wliose numbers will prove invinei!)ie. "In the nanicof every lieginient of Militia inl ];per Canada. I pubhely promulgate — L'd ilwhi coinc, if theij dare /" Mr. Papineau's letter was treated with great eon- tempt by the Assembly of Upjxu" Canada, and ex- punged from its journal. The tbilowing isfrom a Re- port of the Committee to whom it had been referred: " Geographically situated as Upper Canada is, and governed under the same eiMistitution with the sister provinee, whatever change occurs in tlieir form of government, or whatever remedies the Imperial Parliament may adopt for the cure of the evils now prevailing there, must, in some degree, and perhaps to an extent not now conteniphited, affect us like- wise. When a Member of tlie British House of Commons, the salaried Agent of Lower Canada de- clared in hi-^ place, (as Mr. Roebuck is reported to have deci:Oeii ' that in the neighbourhood of Lov>er Canada 'there were 1 •1,000,000 of Republicans, ' who, as soon, as the Jlag of Rehellion should he mt- ' furled, would rally round it, and tram])le in the ' dust tiie v,'holc establishment, ' vour Committee tliiiik it right tor your Honorable House promptly t;) declare, that, in their (Opinion, the few traitors in either proviiiee who would desire to lioist the stan- (Itird oi revolt, are so sensible of their ovni weakne-s, tliat there is no fear of such an efl'ort being made ; and that should th.ey be rash enough to attempt it in the expectation of foreign support, they v.'ould look ill vain ibr aid noiu the Luttcil states, who? ?:e jrovern- !i ; St ckniocracv ; Tter, njxl are their King. IV exists ill the who ineiileate ) he (Usturhed )se power and liiitiainl ];pcr ilimi coiitCy if 4tli great con- iiada, and ex- ig is from a Ke- been referred : cr Canada is, ntion with the s in their form ; the Imperi;d I the evils now c, and perha])S affect us hke- tisli House of er Canada de- is reported to Liood of LoAver Republicans, should he im- ram])!c m tlio lU' Comnuttee |)use })romplly ll'w traitors in bist tlie stan- !Avn weaknc^-s, being made ; attempt it in 'V v.'onld look |»vii(;;.e govern- 175 ment has been actuated by feelings of the most chap. friendly and ])acific character towards the British xxxyr. Em])ire, and wliose high sense of national honor ""^"^^ wonld always prevent their lending their aid to a traiterous conspiracy. "Whatever course may be taken with regard to the affairs of the Lower Pro- vince, your Committee cannot let slip the ()})por- tunity of ex])ressing their anxious hope, that no con- sideration will induce a departure from the])rinciples contained hi the Charter of 1791, and that in any remedial measures which may be adopted, the pre- servation of our rights as British subjects, and of our intimate connexion with the Mother Country, as a Colony, will never be lost sight <*f or endangered by weak an(l temporising concessions. " Your Conimittee, after tha examination of these resolutions, have arrived at the conchision, that to |)ursue the course which has been followed in the Lower Province, and to es])ouse the principles avowed and insisted on by the House of Assembly there, w^ould be contrary to the wishes as well as the interest of Upper Canada ; would shake our system of government to its centre, and would rapidly -aHl incvita])ly tend to establish a Republican f()rn> ^ F Government among us. Impressed with this r.i- viction, your Committee feel it their duty to submic to your iLmorable ILmse the propriety of ])resenting an humble address to His Majesty. )lenmly disavow- ing the sentiments contained in diese resolutions, and earnestly de])recating any departure from the principles of onr Constitution, or the adoption of any course of policy calculate(' to weaken the ties which attach this Colony to the British Empire. " After diis review of the resolutions, to which your Committe have felt it their duty to devote their best attention, there remains litde "^for them to do, but to a(hert to the letter of Mr. Speaker Pa])ineau. ' By the last resolution, he v as authorised to W a 'i II! :i Chap. XXXVI, [1836. \ 170 transmit copirs thereof to the several Assemblies of* Up[)er Canada, and of the other {Sister Provinees, ' and to express the desire of tliis House eor^lially to * eo-o])erate with the said Assemblies in all consli- * tutional mejisnres ealeulated to promote the * nnitnal interests of these Colonies. ' "It is under authority of this latter elausc thatMr. Papineau has assumed to write this letter, whieh, in addition to a len«>;thened eommentary on the resolu- tions, contain some expressions to whieh your Com- mittee beg to draw the attention of your Honorable House. In reference to one of the Imperial Statutes, im][X)sing certain duties, Mr. Papineau remarks — *It ' is true that the Government of Upper Canada * induced a bribed or unwary Parliament to petition * for the revival and continuation of those taxes. ^ Your Committee find nothing in the resolutions giving authority to ]Mr. Papineau to use language insulting to the Government of this Colony, or to a former House of Assembly : nor do they believe that the House of Assembly of Low^r Canada ever designed such an unwarrantable or indecent course should be followed. For this violation of decorum, rnd of the courtesy due fi'om one Legislatin*e to another, Mr. Papineau stands solely responsible ; but your Committee think it beneath the di";nitv of your Honorable House to take further notice of so base and unfounded a calumny. The tenor of the •whole letter is, in the opinion of your Committee, of" a piu'ely rebellious character ; and the sentiments of the writer will find nothing but execration from \ the inhabitants of the Province. It carries its antidote in itself, and is so utterly revolting to a loyal and v'qW disposed mind, that while deserving every punishment, it requires no confutation, and would ha^e been passed over by your Committee, in silent contempt, without even this brief notice, if it were not to be found on the Journals of your Honorable A 17' Asscm!)Iics of* tcr ProvincTH, se ('()i\lially to in nil coiisti- proinote the clause that Mr. ter, whicli, in on the resolu- ?h your Com- jur IIonoral)lc lerial Statutes, remarks — ' It Jpper Canada nt to petition those taxes. ^ le resolutions use language alony, or to a }y believe that Canada ever lecent course of decorum, icgislatiu'e to esponsible ; he di";nitv of notice of so tenor of the mmittee, of sentiments I'ation from its antidote a loval and rving every and would ee, in silent if it were * Honorable 1 jloiiso. Tlio late p(>ri()(l oftho last K^ci^sion when It chap, was laid on liic tal)le of the House — (wo nionths alter xxxvi. the ri'soliitioiis were a(i()])t('(l, and rather more ^''«'" Tsao^ one montli alur the date of the h'tl(M- — j)revenled (lie House of Assembly from (akiii'*: the subject intocon- sideralion. 1'iiis delay is unaccounted tor, and is to be reu;ret((ul ; lor your Con)nii((ee is satisiied (hat Inid there been time i'ov consitlei'ation, the Journals of the Assembly would not have been disgraced by the letter of Mr. Speaker Pa])inean. ''■ All which is respecttiilly submitted. '' JIJ'INKY kShj:hwooi), Chairman. ^' Committee llooms, House of Assembly, '^ LVbruary 22, lose of re])resentiug to them the state of the Pro- vince, and more particularly the opinions of the re- presentatives of the peo])le on divers views and de- terminations of His Majesty's ministers which have lately become known to us, and to solicit the accom- plisliment of the reforms which have been asked for by this House and the people, and the r(>moval of grievances and abuses, has determined to grant to His Majesty the supplies requisite for the interval betv.'cen the 15th Januarv last, and the l^tli Julv next, regard being had to the circumstances attend- ing each item asked for, and to the resources of the countrv. " That it is tlie opinion of this Conunittce, that to ensure the effect of the votes of this House fonndetl on the preceding resolution, this House will, under existing clrcunis auf e-, a]>stain from spccifving in ) '! ■1 i 1 I Hh'' ' p !i' Pf' h r %■■ n '}' ri-i' ^ "l i • 'll 178 Chap, tlic ]>ili tlio }>:!rli('iilar fiiiuls a]^propriat(.(l ; Imt this xxxvi. j louse declaics iii the iiiosl solciun niaiiiicr that this act on itti part .sluill not Ijc apj.va'.fd tool* invoked as a ])r(H'('(k'nt in ojiposition lo the rcsohitions oi* this l[onsc of the Kith Marc-h, 1S8:5. and 2\>^t l^hrnarv, H'ainst the eonslilnlional rii;lits oC this 1836. or .House, and the hhertict) ot* the ])eople of tliis I'ro- vinco."' '11 le various items, or siunnes for SIX iiionlfis III llie iniount Mas passed and sent nn to the lje'>i;>hitivo aceordance with tiiese, heinij: voted, a bill \h n 1 n Couneil, where i( was iniinediately rejeetetl jis not bein^' in eonforniilv witli the v<\\\ of the C»overnor, as ex})ressed in liis spceeh at; the ojicniiuj; of the session, 'ilie a(hlress voted to J lis Majesty, aiul those also to both Jl(;i£ses of Parliament, a sketeh v,liereof only ean be ^^i;iven here, was loi'.jj; and ^peeial, a^ain siatiiig the i>;rievanecs untler whieh the Assembly deemed the Province to la'oour. It comnieneed by statino- tlieir '' iirni, tliough rc- sDeelfnl, conviction of the necessity of the reibrnss thev had so often imived for in tlie (Constitution of tliis Province, and a redress of the {i;rievanccs and abuses that had prevailed therein. They prayed J lis ^Majesty to believe in their sincerity, assniinut; ]iiin of their desire as the representatives ota people M'ho had even in times of difiicnltv shewn a strono; attachment to tlie Einpire over which lie presided, not to forget the sentiments of respect they owed to Ilis Majesty's sacred persoii, and which his royal at- tri])utes required. They thougiit therefore that they would be culpable to sanction by their silence any misconception with rejiard to the nature of the re- forms re(|uired, or to the constitutional and practical system of Government which they desired to see established in the Province, and which thev believed to be equally in accordance with the true principles of the Constitution, the incontestable rights of the 179 iitvd ; \iiit tliis Miior tii.'U iliis > or liivokt'd MS huioiis oi' tliis Jlst Fobniaiv, n,L:;lils of illis .^ of this i'ro- ix iiKUitlis in !i l)ill for l!ic ic Legislative ;jcctfi! as not ' (jlovcrnor, a« )f tlic session, those also to Avliereot" only , a^aui stating y deemed the 1, tliono-ii rc- ' the leibrms mslitntion of ieva'iccs an.d hey prayed ity, assniino- s ota })eo})Je •wn a strong le presided, ley owed to iis royal at- •e thai they silenee any of the re- id })raetiea] ired to see ey believed prineiples ghts of the jnha])ilants of the Provlnee, their natnral nnd soeial cimp. position, and with their wishes, interests and neees- xxxvi. sities/' _ _ _ 18o(). They "solemnly re])eated that ihe prineipal of the politici'il reforms whieh the ilonse and the ])eo[)lc had lor a ureat nnmher of years nsed every effort to ol)(ain, was to extend the eleetive ])rmeiple to the Legislative Couneil. To render the Exeentive Conn- cil direetlv responsible to the representatives of the ])eople, eonformably to tiie prineiples and praetlec of the JJritish (Jonstitntion, — to plaee nnder the \vh()les()me and eoustitntional eontrol of tlie llonsc the whole ])nblie reven'.clar{itions })ut ittril)uti()ns (in .•onn)auie(l tiie icntiitivc, were of to tlieni as Iccision by His ncnt would be ve spirit, and )ns ada})ted to ons, would not f the demands cstigation, nor n at all events iinc on divers jesty's respon- 1 forth the re- people ; inat- ascd to assure f research and g forward un- )politan domi- it recurring to examples, re- principles of ol all parties, and wants of dominions, ively anxiety m the know- ly, and after- tain extracts 85, addressed of State for luthorities of moreover are e same docu- ment,) and with any subsecpient instructions, that in cimp/ point of fact, the reseaieht.'s authorized by your xxxvi. Majesty, for the purpose of ascertaining the means '""'JT;;!^ of doing justice to your (.'anathan subjects, were on several of the most essential points limited by pre- conceived opinions and anticipated decisions in the manner hereinbefore set tbrth. We are bound on this iiead to declare, that in the face of ol)stack's hkc these, if your Majesty's Government should persist in maintaining them, and without y(>ur Uoyal Assent, to the essential ])oints we expect, no measures of minor importance can have the elfect desired : that the delay occasioned by the investigations announced, will serve only to embolden the enemies of the peo- ple of this Province, and of your Majesty's (jlovern- ment in their hopes for dissention and violence, and that the best intentions, or even acts on the part of the head of the Provincial Executive, even in con- junction with the efforts of this House, and of the people, might be wrecked in contending against tiie deep rooletl system of vice and abuse which has robbed your Majesty's Government of all efficiency and respect, and has endangered the liberties and safety of the inhabitants of Canada. " xVt the head of the reforms which we persist in considering as essential, is the introduction of the principle of popular election into the constitution of the Legislative Council. The people of the country, without distinction, regard this body, as at present constituted, as factitiously o])posed to its institutions, its state of society, its feelings and its wants, and as having been and as being necessarily the strong hold of o})pression and abuses. They contbuie in like manner to believe that any partial reform which shall stop short of the introduction of the elective principle, will be altogether insufficient, and will, as leaving tlie inherent vice untouched, l)ring back the same evils and the same coUisions. We think, that ■>. IMAGE EVALUATION TEST TARGET (MT-3) V ^ /. &j :/, 1.0 I.I 1.25 21 12.5 ■so |: 1^ 2.2 20 1.8 14 IIIM I VI ^ /a / 7 Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 K "^ ^ <^ ill ,11 ! j'i 1 182 CLap. "^vitii regard to the constantly baneful action of the XXXVI. Lcn-isliiiive Council, \vc have amply explained our- 'T?^ selves to yonr Majesty, and that no other proof that the past and present acts of that body, is needed to renjove all doubt as to the nature and spirit of the improvements to be introduced into it. We look, in this respect, upon the Act of 1791, giving Legis- lators for life to tlie Canadian Provinces, at the mere pleasine of the Executive authointy, as an unfortu- nate experiment, followed by most unhappy conse- quences. We also look upcm this experiment as entirely foreign to the British constitution. We regret that in the extracts from the Despatches we have mentioned, an attempt is made by begging the question to infer an analogy which does not exist, for the purpose of aggravating certain specious ob- jections against an elective Council. We would re- spectfully pray your Majesty to remark, that the infiuence which prevailed in the Councils of the Empire, at the period wh n the Act of 1791 was passed, was calculated to give an undue preponder- ance to the aristocratic princi])le, while in America, the independent state and the progress of society, repelled any doctrine of this nature, and demanded the extension of the contrary principle. We must also express our regret, that while your Majesty's representative in this Province has soHcited the co- operation of the two Houses of the Provincial Legis- lature to labor at the reform of abuses, and Avhile this House is fully disposed to grant that co-opera- tion, the constant opposition of the Legislative Coun- cil is of a nature to ])revent so important an appeal from being followed by any result. For ourselves, we are conscious that we have ever been, and are still guided in our labors by our conviction of what was for the greatest advantage of the people, and best adapted to cause your Majesty's Government in this Province to be respected, cherished and strength- H 183 1836. oned ; and firm in our tiotcnnination to pursue the cbap. SLMue coiu'sc, wc pray your .Majesty to believe that xxxvi. ^ve sliall not depart from it." They eoiitinued, — '' ilesi);jetiiHi' as we do the exiuTSsion of the Roval ])leasure, v.e yet re<>;ret that the Ministers of the Crown should have deelared that your Majesty was most unsvillino- to admit that the cpiestion of an eleetive Lc^xislative Couneii was a suhjcet open to de!>ate in this Provinee. We beg to be permitted to represent to your Majesty, that it is not within the provinee of the Colonial Secretary to limit the subjects which are to engage the attention of this House and the |)eople it represents, within the re- ([uired forms.^ and with the view of im])roving the laws and condition of the Province. Against this infringement of the liberties of the su])ject, by one of your Majesty's res})onsible servants, we dure to appeal to the supreme authority of the Empiie, to that of your Majesty, sitting in your high Court of Parliament. " We do not intend to discuss the historical points of English colonial government, on which we ven- ture to differ with your Maiestv's ministers. Time has solved the problem, and we firmly believe that those happy countries to which these (piestions refer, would never have attained the degree of prt)S})erity which they now enjoy, eitlier under the old colonial government, or under a system like that which suc- cessive colonial ministers have established and main- tained in this colony. " On the subject of the Executive Council, wc abstain from enteriu"; on any details, because v/e hold this vpiestion to be closely connected in prac- tice with the other more im])()rtant subjects of colo- nial policy. We shall confine ourselves in saying, that the full and entire recognition of the riu;hts of this House and of the people, by those whom your ^1 mm I f* .1 Hi!' I ! |l I I in iftSli' ill I 184 Chap. Majesty may be pleased to call to your Councils, and fccxvi. th(jir constitij^tional ^rcsoojjgjbility based upon the TgTT^ practice ot t he I luted ivnifrdon i, will be essential ''~-tw» i t vt(»n frj r ''TOiilKlence in yo^^^' Majesty's govern- ment. " We have (they said) also asked, and now again ask, for the repeal of certain noxious acts of which the people of the country have complained." Tliese were " the Tenures Act," and that relating to the British American Land Company. It is to ho understood that under the former act a Court of Es- cheats had lately been established, v/hicli they re- marked had in fact merely served as a pretext for creating several sinecures paid out of the public revenue of the province, which they " had not recog- nised, and would not recognise," With respect to the latter they observed: — " One of the effects of this act has been to confirm the illerenie councils oi tlic Lnited huiLidoni. ■^ " Under the iiiicieiit goveriuneiit of Cjuiadi;, the I settlement of the wild lands, under a system as rc- \ gular and easy as possible, and adoj)ted to the cir- cumstances of the climate, the laws, manner and locality, by the then inhabitants, and by others of their fellow-countrymen who came to settle among them, was re^'nrded as a point so essential, that a great portion of the ancient law of tlie country relates to this sul)ject, and lays down rules which ensure the ri<2;ht of the population to obtain lots of hind for the purpose of cultivatin!j, them, and Avhicli establish the relatiyc rights of the parties interested. We conceive that tlie power of ensiu'inp; the effi- ciency of tliese laws, of modifying them, or enacthig others in their stead, in ease of need, has devolved solely upon the IVovincial Parliament. " We regret, that since the change of dominion, \^ the exactions of certain seigniors in some cases, and "s^ the nnduc favors which have been conferred on others nnder the Tenures Act, on the one hand, and the pretensions of the Executive to dispose of those lands without control, on the other, have entirely nullified the advantages which were best adapted to advance the moral and physical welfare •J «:■ A ■^ of the people, and to give stability to their institu- ;nized and respected under an absolute m(marchical govern- I ment, the operation of the British constitution, though I imperfect in its aj^plication to this Province, will be absolutely insufficient to maintain them. IS devolved 187 '' We llicrcibre pray your Majesty lo he pleased (0 reeoju'iieiid to I'aiTiament the repeal of the said A'-'l pa:'secl in I'ivor of the Laud Company, and '^5'^^> ^ogg that it may plv>a''e your ^h'jesty to adopt le;i'al nieaus for annulhn;j; all the inidue privile;i;es iueonipatihle ^vlth tlie riii;lits of this I'roviuee, whieh it is the ohieet of tile said Aet to confini, or of \\hieh it may have ])ceu the souree. AVe also luuuhlv ])ray your Majesty to he j.n-aeiously pleased, v»ith regard to the matters relative to the public domain, and the lauds of this Province, toreco;j;nize the rijj;hts of its lejiiislu- ture, and with the consent of your Majesty as tlic first branch thereof, to render avaihible all the ^ Judges r 'fi- ll ■' resources of the country for the su]i])ort of your |^ | ^ Government therein, and for the ecpial benefit of all | ^ ' your subjects who inhabit tlie Province, or may come to settle in it, and more especially to ensure to all without distinction the means of setthnj^ on the waste lands, under any system and on such condi tions as shall be found most advantageous. ' On the subject of the independence of the 5 they said : — " We see with pleasure that there exists no difference between the views of His JNIajesty's Government and our own. We regret that we were mistaken in our efforts to carry tliein into effect. Since that time the modifications which have rendered the character of the Legislative Coun- cil worse, v.liile it was pretended to make it better, have convinced us that it w^ould be of no advanta^i-e to the due administration of justice, to proceed on the same basis. We shall not, however, abandon the consideration of the subject, and w^e shall attentively examine any plan which shall appear to iis v>'ell adjipted for the attainment of the desired end. '■■ What we have now said will suffice to show vour Maiestv what our views are, with rejiard to the polities of the colony as a whole, to the functions and powers which we believe to belong to the Pro- I • • i \ I'M m\ 188 m iH'i'^i 'i ill Chap. viiicIn! Lcpijislntiiie on all matters relative to the iii- XXXVI. ternal afl'airs of the eolony, and with regard to what ^TTTT' \vc conceive to be the best means ot'ensnrinjj; activity, efHciency and res])()nsil)ility in the public service. We would su*>;i2;est to your Majesty, that there are on this ])ortion of the American Continent, u'.ore than a niillion of your Majesty's subjects, composing the Colonies of L])])er and Lower Canada, who, s])eaking different languages, and having a great diversity of origin, laws, creeds and manners, char- acteristics peculiar to them respectively, and which they have severally the right to preserve as a separ- ate and distinct people, have yet come to the con- clusion that the institutions common to the two countries ought to be essentially modified, and that it has become urgently necessary to reform the aljuses which have, up to thi" day, prevailed in the administration of the Goven r>-\ ."-. We rejoice uuit we have, in our just claim Liie support of our brethren of Upper Canada. This support will ren- der manifest to your Majesty and to our fellow^ sub- jects in all parts of the Empire, that we have been sincere in our declarations, that the circumstances and w^ants of the two Canadian Provinces do indeed require a respcmsible and popular government, and that w^e have been actuated by no narrow views of party or of origin in repeating to your Majesty for many years, our prayer that such a Government may be granted to us. " With regard to the protection and to the equality of the rights which yoin* Majesty's Canadian subjects are entitled to, the remedy of evils and abuses, the abolition of sinecures and pluralities, the expected formation of an Executive Council on the principles Vie have set forth, and to divers other subjects more )articularl3^ mentioned in the Speech ii'om the ?hrone at the opening of the present Session, we refer to the answer to His Exeelleney the Governor ^i m mada, wlio' tiners, ci ession, we 180 ill ('hi'jf; and we ardcMilly wish that tlio views and chap. instructions of vonr Maiestv's (jiovernnient, on the xxxvi. essential ])'.)ints, niav he of a nature to faeihtat.' tlie TTTT" results wlneli your Majesty s liepresenlative has \k'c\\ pleased to proniise, and which it will ati'ord us the most lively satisfaction to see attained. 'fhey moreover observed that — " In the extracts fi'om (les])atehes hereinbefore cited, there are certain passages which induce us to believe that we have not made ourselves understood by yourlMajesty's (Jovern- ment, with rejj;ard to the nature of the control we desire for tlie Provincial Legislature over the waste lands of the pul^lic domain of the Province, and which might cause some apprehension in the opinion of our fellow subjects. We have never claimed to cxercisv? over this ])ortion of the affairs of the Government, any other authority than the parlia- mentarv and constitutional authoritv which we are entitled to exercise over all the other affairs of the country in so far as the peace, welfare and good government of the country may be therein con- cerned. We have also set forth at length our reasons for believing that this authority belongs to us. On this head, as on all others, our W'ish is that the due execution of the laws may remain in the hands of the Executive authorities, within the limits prescribed by the laws and the constitution, and mider the necessary responsibility ; but we also wish that the right of the Assembly of the Province to legislate on these subjects, jointly with the other branches of the Legislature, and to exercise in this behalf the other powers of the Commons of the country, may receive its full application. " It remains (they finally observed) for us to address your Majesty on this important and exten- sive sulyject, — the public revenue and expenditure of this Province. We humbly thank your Majesty for the gracious declaration, that your Majesty is ii it*'' ■k : II i I 1 I I- !l .1 1)0 Chap, cllhposcd to .'I'.liuit the control oftlu' HcprcsciiUilivi 3 XXXVI. of the j)CO|)!e o ver the; whok; ]>»il:li(' Iicvcimc ^•?"' raised in I'litvJijiovmj^. Wc re^.u-H tTi"c~fTTttHmrr!t or'fR1l?*]1tfl1ftiis(' as <>f"the lii^liest importance. Jn Htatin<»; exj)nt'itly in the ])reee(lin i! 192 e.ip]o of this eolony, did in the year 1827, sueec.-sfully complain. " Resolved, That it is the opinion of this Oonnnit- tee. That the said ^Samuel (Jaledid, in the year 1822, take an aetivc part in eireuhitina; a certain Petition to the Im])erial Parliament of Great Britain and Ire- land, prayin'r for a Union of the Provinces of Upper and Lower Canada under one Lea;islature, whieli Petition contained gross calumnies against this House, and against the people of this Province ; grossly mlsre])resented the Civil Law in ibree in this colony ; tended to engender animosities, prejudices : ad distractioiis between the various classes of His Majesty's subiects therein ; to endan><3H< i i Chap, xxxvi. Mvjcstv's c!;ovornmcnt and of His su])jccts in this \'>>/i ioc3. >)>• tivv-'joyin:^ llic confidence of the ])iibHc : J i.i: in I ;s:i\i.jv .liid in llic adniinlstratioii oi* »3iis- lie. '• il':.s.)ivcd, Tluit it is tiic o]iinion of this Com- mittee, that tlie said Samuel Gale, as a])pears by a K'tter l)Y him addressed to the Earl of Dalhoiisie, then (jiovcnior in Chief of this Province, and dated ?vl)iitreal, I7th An;j;ust, 1827, did report to tlic Execnlive four certain ]Ma:i;istrates avIio differed in o!)iir')!i wiih the said Sanuiel Gale on a leiiral (ines- ti.)!, wiih a view that the Executive should ])imish such Magistrates for tlie exercise of such opinicm, and tliat shortly after the names of those four Map;is- trates were struck out, or omitted in the Commission of the Peace thereafter issued ; and tliat the said Sanuiel (Jale is tlicreby ""uilty of hiiviny: destroyed, inasinuch as in him lay, all inde]>endencc of the Boncli ; and of having endan<>;ered the security of His Majesty's sul)je':ts, and the safety of their liber- ties and pro})erty. '' Resoh ed. That it is the ophiion of this Commit- tee, that the said Sanniel Gale, havinu; been deputed to En:';land, as the hired A«i;ent of the then obnox- ious Adniinistration, to o])p()se the complaints of the })e()])Vj of this Province, and to sup])ort the odious Adininisiration aforesaid, did, in his evidence before a Co!Tnnittee of tlie House of Commons, calumniate and defiime tliis House ; evince the most violent and unfounded prejudices a«i;ainst the laws, customs, and institutions, in force in this country, misrepre- sent iiie same, and proved himself there!)y to be a fixed and determined enemy, as well of the said laws, customs and institutions, as of the maj'irity of the pco])le of tliis Province. " Ucsolvcd, That it is the ojiinion of this Commit- tee, that the lli;2;ht Hon. Thomas Spring Kice, then His Majesty's Principal Secretary of State for the 197 iibjccts 111 tills e of tlie |)ii!)IIc ration oi' Jiis- of this Com- Jippcars l)y a of Dalhoiisie, cc, and dated cport to the 10 differed in a lei^al (jiics- slioiild ])uiii8h such opinion, ^e four Man'is- Ooniinission tliat the said ig destroyed, dence of the le seeuritv of of their jiher- this Oornmit- )een deputed tlien obnox- plaints of the :'t the odious dence b(>fore I, cahmjuiatc ^t violent and vs, eusvonis, y, niisrepre- 'eby to be a of tlie said maj'iritj of tills Commit- L»; Ivice, then State fur the m Colonies, ])cinG; moved by princi])les of justice and chnp. jrood government, did as ap])cai"sbva 1 )cy]>alc]i(li'.k(l xxxvi. Uowninu" Stred, lltii i\(}vci'.i]}cr, i8o4, rdi'-e le^'TTCT' sanction the ajtpomlment ot the ^luii. k'-jiii'iici (rie is Judge of the Court of l^^ings r'eiich, in c(>l:^e(jue^.ce of the line ado])led by the said Saniuei C:'Je, l-ei(.>re the aforesaid Conimittec ol d>e House of Cf'inP'.oiis, in the year 1828, and of the connection w'nh the measures of those timts. " Kesolved, That it is the o])ini<7 ;-— it'tive ])art in I Parliament, ■■ Provinces of m is stated to o disturb the Canada ; — of of tlic Quar- )])cr an(l op- ^troy the in- iiallvof hav- 'oinniittee of e Assemljly, stitntions in antecedent the Bench, onduct snb- Tcfore, any ing into tlie 5e, imniedi- val : lie lias the lloval :is a Jndge, I'ity M-hich that office, d consider, ts coinniit- Icvation to m])lY, who ^]c>:ty, (he Com- ianient as- r Majesty, lUU II ? n i'^- '' That after a due cxamhiatloii (as will appear by cuap. j a Report of the Staudin;;- Committee of Gnevances xxxvi^ liereunto ap})endod, and concurred iu by Vour Pe-^^J^ j titloners,) into the character and conduct of Samuel (laic, Es(iuire, lately appointed to the hij>;h office of Jiuhrc of the Court of King\s Bench for the District of Montreal, the Conmions of this Province decided that the said Sanuiel Gale is a declared enemy of the laws which he is sworn to administer ; tiiat he lias been guilty of divers misdemeanors ; that he has been engaged in a long scries of acts of hostility against the good people of this Province, their lan- guage, customs and institutions ; and that by his pubhc misconduct he has deprived himself of the conhdence, as well of Your Majesty's su])jects in this colony as of their Representatives \ and who in consequence, presented in tlie course of the present session of the Provincial Parliament, an humble Ad- dress to llis Excellency the Governor in Chief, pray- ing His Excellency to take immediate steps to have the said Sauiuel Gale removed from the said offic ; of Judge. " That your Petitioners have to comphun that His Excellency the Governor in Chie^'has refused to com- ply with their just demands, and considered that there was no i^round which would iustifv His Excel- Icncy in entering into the question, whether, as prayed for ])y this" House, immediate measures should be taken for the removal of the said Samuel Gale from the Bench, and that it would be inconsistent wdth the security which should always attache to the tenor of that office, to consider wlicther tlic said Samuel Giile ought to be dismissed for acts commit- ted before His Majesty approved of his elevation to the Bench. " That His Excellency the Governor in Chief does not appear by his answer to the said Address, to have correctly understood the paramount reasons, and W k fv il t:, ij J ■ lot •200 H 1836 Clinp. iL!i:rounds, which induced Your Petitioners to demand XXXVI. the removal from office of the said Sauuiel Gale. That Your I'etitiouers never pretended to demand such removal for acts reflecting on the conduct ot'tlie yaid Samuel (Jalc subse(juent to his appointment to the Bench, but for acts committed and opinions ex- pressed before his elevation to the Eench, v>hich utterly disqualified him from being intrusted with the administration of the laws in this Province, and deprived him of that public confidence which is so necessary to every person invested with so exalted and important an office. " That the discpialification under wliich the said Samuel Gale labored, in consequence of acts commit- ted by liim, before his appointment to the Bjnch, was solemnly recognized by one of Y'^our Majesty's principal Secretaries of State for the Colonies, in a despatch, dated lltli November, 1834, who refused to confirm the said appointment ; and that the subse- quent confirmation thereof by the llight Honorable the Earl of Aberdeen, upon which His Excellency the Governor in Chief, in his answer aforesaid, grovmds his refusal, does not andean not, in any way remove the disqualification which previously existed, and wliich justly opposed the elevation of the said Samuel Gale to the Bench. " That, moreover, the confirmation invoked by His Excellency the Governor in Chief, cannot be of any weight in the present case, inasnnich as it appears by a despatch, addressed by Lieutenant General Lord Avlmer to the Secretai'v of State for the Colonial department, and dated Castle St. Lewis, 23rd Jan., 1835, that the Earl of Aberdeen was led into error by false and unfounded misrepresentations contained in the said despatch, in which, among other things, it is erroneously stated that ' those who in the first instance were averse to his (the said Samuel Gale's) appointment, have ceased to complain of it,' that the '201 fippo'mtnicnt * is very gciicrally approved of,' ami iliai c\it\\\ * the removal' of tlie sakl iSamiiel Gale iVom ihe xxxvi. Leiicli ' woiiiil have a very \)m\ eli'eel in thi-^ l'i<>' TT'TT' vmee, assertions wiueli are eontradieted by, luul a.l total variaiiee v\ilh, the rej)resentati()iiH ol the p'eople of thislVoviiiee, aiulof tlieir Representatives in 1 ;ir- liainent a>seinl)le(.i, and moreover >peeially eontra- tlieted bv the faeL that the latter have ahvaN s deelined to vote the salary of the said Sanuiel (jalea.^^a Jucl^e. "That His Exeellenev the (Jovernor in Chief, in ennnieratinji; the various grounds of dis([uali(ieati(rii set Ibrth against the fitness of tlie said ?^anuiel C.ile, for the lugh olliee to vhich he has been ini])ro])crly a})pointed, has omitted to notiee two eliarges v.hieh, althougli ])assed over in sileneo by His Exeellenev, are partieularly disre})utable to the said Samuel (jale ; and Your Petitioners hope that His Exeellenev d es not thereby intend to convey the impression tluitthe said charges are frivolous or unfounded, or bv sueh omission to sanetion, in a hiidi Ma dsterial lunc- tionary, acts te.iCi'ng to bring disrespect on the lav.s, and to corrupt the source of justice. " That Your Petitioners solemnly protest agaii-isl the infL'rences which might l)e deduced from the principles hiid down in His Excellency's fUiswcr aforesaid, tliat the character and conduct of a man, however bad and censurable thev mav be antecedent to his a})pointment to oflice, arc not suiiicient grounds, "when made known to ccnnpetent autliorily, to justify that authority in removing tlie persons so discpia.lified by previous bad conduct, from any office to whicli he may have been improperly and injudiciously a])- pointcd ; inasmuch as such princi})les, wlien practi- cally carried out, cannot fail to produce consequences peculiarly fatal to the purity and inde])endenee of the Bench, as they tend to convert the Err»iinc of Justice into a cloak to cover the misconduct of pul)iic men, and to protect thorn from the just consequences of their cvi! acts. 1 2 t1 ,1 h ! M h; il rf ! !202 n Chap. '' That Your rctitioncrs ro^Tct tlial, if Ills Exccl- xxxvf. Icncy llie tiovenior in Oliicfdid not feci (lisj)()sc(l, or ^TTC^ aulliorl/cd, to do full ami iiiiiiicdii'.tc jiislice to the people and to this I louse, by the removal from ofHec of ihe said .'•'jimiiel (_«ale, lie did not ihink ])r()per to send the said Adilress and lie])orts, Uesolnlions, docu- ments and evidence aecomj)anyin;j;- the same, to Enj^land, and reconunend the wliole to the favorable consideration of Your Majesty ; but, on the contrary, deemed it expecUent to put his direct veto on tiic demands of Your Petitioners respectfully conveyed to His Excellency in the Address aforesaid. " Wherefore Your Petitioners, the Keprescntatives of Your Majesty's subjects in Lower Canada, pray Y'our Majesty to take the facts set forth and referred to in the said fifth Report of the Standinj.!; Committee of (ji'ievances into Your favorable consideration, so that the complaints therein contained may be reme- died and justice be done to Your Majesty's sutferino; subjects in this Province, by the removr.l of the said Sanmcl Gale from the ofHce of Judge of Your Ma- jesty's Court of King's Bench, to which he has been unworthily and improperly a])pointed." An Address was then voted, " informing His Ex- cellency that this House hath voted an humble Address to His Majesty, praying the removal of Samuel (liale, Es(piirti, from his ofhce of Judge of the Court ol King's Bench, in this Province, and that His Excellency would be pleased to transmit the said Address to His Majcstv's government in En«i:land, to be laid at the loot oi' the Throne, together with copies of the fifth Beport of the Standing Committee of Grievances, concurred in by this House, and the resolutions, evidence and documents accompanying tlie same, in order that tlie complaint therein contained be reme- died, and that justice b-e done in tl:o premises to His Maie^^tv's sufferinii; subjects in tliis Province." With this Ad(U'ess the Speaker, attended by the Ilouse, waited upon the Governor, who answered : — 208 *'In coip.plinnce witli your \vishcs I will not fail to Chap trfins!nit, for tho ])ur})()se of l)i'inIost (jracious Sovc-'7r!rr' r • I I II 1 • loou. rei^ijju, to'retlier Mitli the other documents relating to the case of Mr. Justice Gale. " I shall avail myself of the same o])])ortunity to forward such explanations and C(»i)nnents as seem to be called for by those ])arts of the Address which relate to mv ofHcial conduct in this matter." Nothinfji: afterwards tran,Nj>ired on the matter to disturb Mr. Gale, who, as already mentioned, was maintained in his oHice, and ^ave, there is reason to ])elieve, veryp;eneral satisfaction to all classes by his uprifiht performance of the important duties attached to it.-^ A petition apjainst Mr. Justice Fletcher, of the District of St. Francis, was a<;'ain laid before the Assembly this session, by Mr. Silas Ilorton Dickerson, renewinp; the comj)laints he had made in 1820 ag-ainst that gentleman, and prayi'.ip; the House would resume the consideration of the <>;rievances set forth in the former ])etition. This also was referred to the Stand- inii; Committee of Grievances, who reported un- favorably of the Judions therein. "• 'rhat lie has n j)ealetl and as; and • Atloruics soiled, sivcly and ihj Kiiifjj's d to excite avties sub- r of record, nt of itself 'onr Excel- sutiicieiicv, IK guilty to the lieport jni time to Jie eoniUict nv, we h\y lul the evi- xc respect- he coiintc- t were not ties which o His Ma- injuriously LMices must Excellency Ir. Justice ddrcss, he conduct of ^rc brou^it' •'^'I'^l .)()lm (jjiwlcr Thompson, lias hron jj;iiilly ot' XXXVI. a sljiinui'iil iu';i;l('t'l ofdiil v aiul of in:ilvcM's;itiou in the 7^ '7^ exercise of his said .liidiciul fmiclions, havhijj; amon^ other lhin;i;s iirresled and impeded the (hie eourse of the hi'.v, hv illej^allv ih-lavin;-- and refusiim- his minis- ti'V to several of J lis Majesty's snhjeels in the said Inferior District of («aspe. " Tliat it is the opinion of this (Jonnnittee, That the said .John (fawler Thompson has, in his Jndieial ea])aeity, violated the enactments of llie Statntes of the I'rovince of LiAver I'anachi, rehitin;;" to the jnris- dietion and eoii.>lilntion of llis Maicslv's I'rovineial Oonrt of tlie Inferior l)islriet of (Jaspe, and the rights and ])rivile ^he same canse, the yaid Jndue has onlv ir.iperfectlv held divers other 'I'erms of Jlis Ma" -sty's said lV(nincial Conrt of the ^said Inferior District. " That it is liie o})in!on of this Connniltee, That tlic said John Gawler Thompson has, in consecpience of his intemperance on the Ijcnch, and while tlie Conrt was sittin«»;, been «j;nilty of condnct which ren- ders liim unworthy of Jlis Majesty's eonfidence : and tliat lie cannot hold the oflice of Jndge in this Province in a manner compatible with the honor of His Majesty's (Jovernment, and tlic interests of the ])eople of this country. " That it is the opinion of this Conuuittce, That an luimble Address be presented to His Excellency the Governor in Chief, praying him to use the powers vested in him ])y liis Commission, for the ])urpose of provisionaily suspendln;ir the said Honorable Jolui Gawler Thomp>i()n, Judy tlio Assombly, tliis fiinetinuni-y. in tlic piiblii' dif- ticiilUiM tluit ciisut'd, cseapcd furtlit'i' jM'r(|iii>ili(iii, luit wjis iicvi'i-, ill so fur MS I liavc Iktii altU." to asci'itaiii, foinially al)solv<'(l from tUf ohari^c's jjrofi'i'rcd at^aiiist liiiii. 'riio lOxt'culive could iiol, ^vlth ])roj)rii'ty, dismiss nor su-spcnd him fi'om lii.s ofrHM- on Iho ex J >( (ft'' i's'idt'ncv ivccivcid I>y tlic Assembly, and on wliifh it li;id jiiux'iicMcti iinii. lU (.'iiad nrociu'fd Ml vindication o| Ininscll divers 1 cortitioatO"^, sume on rmtli it is said, of his i^'oorl coiKhict, ciiaiactcr and stan«iiii<;, in the District subject to his jiirisdiclinn, as well as an Address j)rc|)ai'ed hy, or at the sui;'^estiti'ict fur si;;natiiro by a baililVof his Court, and lo such as refused to sii^n inal/i' ur,\\]u'\\ they afterwards roenrrod to his Court It is uovertlieloss, a fact ■within my own kuowU'd^'c. and since that time amply vei i(ied Ijy an inquiry instituted by tlie Kxecutive "government, that liis ad- ministration of the Laws had pi-oducod miicli dissatisfaction, and ■was excoediir^ly unpopular, and indeed odious to the inliabitanta universally. Mucli of this unpopubirity, however, it is but pi-dpcr to vomailv, was ilue to tlic belief jtrevalent in the J^isti-ict of (^aspe, Avliether witli or without cause I cannot sav, that he was nnthilv, infhienced in his Judicial decisions by an Attorney, a relation of his, ])raetisinLC in his Court, whose indisureet and habitual boastini,' of his inllucnee (»ver the J udi,'e, partly from vanity, and ])a;"tly i,o p;torioii, ly a partial, violent and corrupt f-ln)[tly al'tvr wliicli, C'i'ej from tlu: Lc;,'i^lativ(! AsjjDulily to the (Jovonior, ill the first S(_'.(piirc, hotli J>arristi.'rs oi res])ectal>hj standing, were well cpialilied for the mission. Tluy rojiorted very lai'tfcly, and, as I can vouch from my oAvn personal knowledge, failhti'My on 1 hi; subject mattei' of encjuiry commilted to tlieiii. 'i'iieir Ueport stands in the Joui'ual of the licgislative Assoultly +'or 18-1;;. " No Avords that Ave can use, " f'ay those gentlemen Avitli gi'eat ti'uth, " can exaggerate the tlistrust aud dissatisfaction Avith it (the Administration of Justice) expresseil to us, Avith one almo^t unanimous voice, by all classes of tho pcojile Avho have liad occasion to seek justice in the Court, from the lisherman in liis b(»at to the mei'chaut of extensive dealings, and IVom Gas])e Basin to the Uistigouclie. The force and extent of the feeling oi' distrust and dissatisfaction Avhicli Ave have described, A\'ould alone, as it appeal's to ns, be a suiileient I'cason for attempting some rejnedy l)y u change of system. Whihi Ave, studiously discouragcvl, and as far as possil)le repressed accu- sations or complaints against the j)crsonal conduct, character or oa])aeity of individuals connected Avith the administration of justice, A\-c found tlmse grounds of Avaut of confidence to be too geuerally prevailing to h>e kept out of sight, and Ave have not therefore felt ourselves at liberty to mutilate or suppi'css any ])art of the Avi'itten Ciommunications t*) this pui'posc Avhich Ave have received, ixing eonvijiced in annexing them i>i r.rt^xso to our Keport, that no other effect Avill be allo^yed to them by Your Excellency than is consistent Avitli justice and the pxd)lic good.'' iS'o further investigation to(>k place as to Mr. 'i'luimpson's pei'sonal conduct, but the system Avas soon after broke up. His juristliction, fr.-m £100 was reduced to £.")0 and limited to the County of Bona- venlure, a District .Judge being appointed to the Coimty of (raspe, Avith a like limited jurisdiction, it being also provided by the same Act that a Superior Term should once a year be helil in the District of (rasj)e, by a Judge of the Superior Court at Quebec, assisted bv the tAVt) district or local Judges. The system is still no doubt very impoi'fect, but will be improved gradually by tlu' J.egi-^lntureas its defects bocnmo npparont.-K. C. m a « : jii' dent at bcnibly ■> oi' tlic liiiii of eornipt iiant toiiu Vi- I'ol' tlic 'idvi'i'iior, 'U'cUnl iol' I, K>urt, iTuiu i dc'iiliug!^, force and wt! htivo lit roasou . AVliile sst'd aoou- lai-ac'tcr or [tiatiou of |t<) 1)0 too luivc not |)ross any |i Wit have so to our by Your f ii^ood. '* personal I'isdietioii, of Bona- .)f (raspe, the same d in the (iuebee, lu is still by the liOy Jiidijc ; that he lind diirinir a scrie.^ of years hr(>n chnp. ouUtv of ila<>Tant abuses of his iiuUeial auUioiilN' ; xxxvr. tliat he lias oppressed (hvcrs of the suitors who h:id jgC^ aj^plied to tlie said Court for justiee; that lie lias pronounced o])])osite juductnents in eases siniiiaily situated, and that these judL!;inenls are aseriha!;le to liis ])artiahty for his rehitives and friends, and to Ids })ers()nal animosities towards others of the said suitors. That he had by sueli gross violation of the law siib- ieeted divers of His ]\Iaiestv's subieets to enormous and various ex])enscs and injuries ; affeeted liie elun- aeter of the administration of justiee, bv reason, ^vhereof Ilis Majesty's subjeets repose no eonliilenec in the tribunal in which the said Judge ])resl(Us."'' The ])elitioner })ledStandiiHj; imittec on Grievances, with " an instrnciion lo it T to inc[uire i nto th P ic nubhc character and conduct oi the Hon. Mr. Justice Bo wen, ?? Mr. Bowen petitioned the li'.msc, repelling in stron; terms the nnputations oi Ins accuser, aiul r;M|ne->tmg that he should *" be recptireci fortlivrith t(» exiiibil ')Vi ;- Hich s])ecific allegations as may afford to llu tioner some idea of the charges which the liois-e is called upon to investigate, and that thcreii])()n a.iier sueli specification of liis chm'ges sl.all iiavr^ be?n })ro- (hiced, such reasonable o])!)ortuniiies mav };e a.librded to th le ])etitioner to 1) n )C ])resent, and v.Jln e;)'.^ 1 lie see fit, io confront the witnesses to DC aiuaieec >i.;f 1, am I put })ut sucii (piestions to them as tne pctitiOiirr may ])e advised, to elicit truth, and fJrr tlie prcseivjdlon of that lumor and character of the petitioiK^r wiiliont which lite is not worth preserving; and ihrd Indei-iult of the said Hart presenting such speeific allegaiions I) 'r! r my \ 'i.T'f^ • > 10 I f 18^6. Chap, "vvltliin FAicli short ])cri()(.l as tlic Hotiso may ];o])lcasc(l XXXVI. to assign, liis Haiti ])cliti()n and couiiilaint may be re- jected witli siieli ex])res^:ions of (lisa})])roljati()n as conduct so iinjustiiia];]c would naturally call for ; and the ])ctitioner lastly claims of the House all such relief as in iowe!rs retpiest was refused. The Committee conse([uently ])roceeded on the incjuiry, and finally made a re})ort imfavorable to ]\Ir, Bowen, but at so late a period of the Session that the matter could not be brouiiht to a close. It v/as stated in the Report, that " the facts elicited in the course of the investi- gation are so important ; they have so much the im- press of truth ; thev contain so much m'ave matter which nuist be laid to tlie charge of the Honorable Judge, tliat your Committee cannot hesitate to re- cord tlieir opinion that there is room for accusation." It conscd.uently was resolved by the House that it was " expedient to contimic the inquiry into the pul)lic ciiaracter an.d conduct of jMr. Justice Bowen, durinfi; the cnsuinp: session of Parliament. " The ]i()sture of public aii'airs when the next session took place vras such, hov.evcr, as to prevent ])rocecdings in any of the in(|U!ries that had been continued over, and Mr. Bowen consetptently csca])ed all further per- quisition. Messrs. Felton and Guo'v, the former Conu)iis- sioner of Crown Lands, and the latter Sheriif of the District of Montreal, and both members of the Le- ^ W 1>11 % ;c pleased ^.ay be re- jbaliou as rail ibr; House all L niav be 1 " That it imitlee on •. Hart, to ;ts of eoui- .,ai(l Jiuljxc,^ solved itself to upon the )thcr \v()vds, Committee , and fuially m, hut at so cr eould not the Report, the iuvesti- Inieh the im- \yvd\c matter c TIonoral)le silate to re- accusation.'' [louse that it irv into the tticc Bo\ven, lent." The session took proceedings litinued over, jl further per- licr Comm!>:- Bheriif of the Fs of the Le- gislative Council, vrorc not so fortunate. Tu consc- Chap, (juence of a J{e])orL from tlie k^taiuliii;>; Committee o)i xxxvi. (fi'ievauces, who UvA ))eeu iustructed to ])roKecute"T7r]r' au iiK[un'y (uistituted tlie previous session) mto the ])uhlic character and conduct of the lion. W. ]>. Felton, an Address was sent up to Ills Excellency as follows : — '' We, His Maiestv's dutiful and loyal suhiects the Connnons of Lower Canada, in Provincial Parliament assembled, humbly approach Your Excellency for the purpose of rc])resentinfi;: That after a full, calm and dispassionate investifi'ation of the cliaro-es brouLiht apjainst the Honorable William l^owman h'elton, in his public character as ajxent fin* the settlement of the Townships of Ascot, Eaton, Hatley, Ori'ord and Stoke, — and after having- received and maturely weighed the multitudinous and irrefragable evidence adduced in su])])ort of those charges, the conviction has beeu irresistibly forced on us, that the said Ih)nor- jible William Bowmau Eeltou, has grossly, dis- lumestly and oppressively abused the confidence reposed in him by His Majesty's government, and is unfit to hold any office under the Crown. " Because it is established bv evidence under the hand of the said nonora!)le William ]>()wman Felton. iiimself, explained and elucidated indeed by other and conclusive testimony, but sufficient in itself alone to establish all the facts alleged in the said charges, — that the said William Bownuiu Felton has been guilty of op]n'ession, ]ieciilatiou and extortion, by abusing the ])owers entrusted to him in relation to the waste lands of the Crown, — that he falsely and fraudulently re])rescnted himself to be the ])ro[>rietor of a great extent of tliose lands to which he had no manner of ri-di!, — that he falsely and fraudulenllv denied that such lands could be gratuitously <>:ranted to divers settlers who applied for and were entitled thereto upon the mere performance of the settling s ; H- .CI I ' , m Cbnp. duties, and conccnlcd from tlicm tliat it was his XXXVI. bouiulcMi duty to lu.ilcc such grants, — that he cor- *TrC~'rn])tly and ()])|)rcssivcly exacted and received from the .'aid settlers aj>}>]yinp; ibr and entitled to p;ratui- tous <>;rants, hn*<2;e sums of money as the price of land which he sold as helonuiinp; to himself, which was in fact the ])r()perty of the Crown, and of which he was by his office bound to procure them gratui- tous grants, — and that he knowingly and fraudu- lently exacted and received from His Majesty's government a grant often thousand acres more than it was intended to convey to hitn, and that he de- signed to retain the same, although it would ap])ear that lie was subse{|ucntly compelled to make some kind of restituticm. " AYe further suljmit for the consideration of Your Excellency a coj)y of the Ke})ort of the Special Com- mittee by whom the investigation was conducted, and of the evidence taken bv them : and Ave be;ainst the said Honorable AVilHam bowman Felton, and the indubitable evidence by which they have been sup- ported and proved. " Wherefore we himi1)ly l)ray that Your Excellency vsill render maniiest to the people of this Province that honesty and good faith are among the (^'^sential recpiisites ol fitness for public office under His Majesty's government, by forthv»ith removing the said Honorable Wilham Lownian Feltcai from all offices of honor or eiuolument which he may hold b}'^ commission during pleasure. To this he answered, — "I am sensible of the se- riousness of the charges which accompany (his Ad- dress, and of the weight of the evidence adduced in sins of tVantl re(|uirinj>; the decision of a Court of Justice, and I shall take the o])inion of my respon- sihle Icf^al advisers on the suhject. Lpon obtaining' their Report, and as soon as the rc(iuired explanalion from the accused shall he received, 1 will not fail to take tfic best means in my jjower for obtaining a just and speedy termination of the case." Mv. Felton was fmally removed from his office on the strength of the above. Mr. Guuy was accused princi])ally of giving" false evidence in his examination betbre the [Special Com- mittee appointed to in(]uire concerning the fees and emoluments received by the SherifVs, Protlumotaries and criers of the Court of Ap])eals, and Courts of King's Eencli of this Province, in virtue of their re- spective offices," the Assembly declaring that in so doing he had been guilty of a high misdemeanour and a breach of the privileges of the House. '^" The * " Thiit it iri tlio opinion of this Coiiiniittco, Tliiit by such fulso evidence, the said Lewis Chigy intended dcliljerately and eoi'i'uptly to coJiccjil from tlie kuowlcdi^e of this Jlouse, the enoi'inons und disj)roportioniite anionnt <>f the fees and emoluments wliieh ho reeeives as Sheriff of the District of Montrt'al, and, tliere1)y to |-/re- vent this House and His Majesty's Governmeut from i'.[)j)lyiii';,^ an eifeetivo remedy to the great abuses and grievances aforesaid, under wliieh His Majesty's faitliful subjects arc suifcfing. " Tliat it is ihc opinion of this Committee, That the Legislature of this Province has ali-eady exerted itself to improve the physical and moi-al condition of tl)e accused persons and those under sen- tence in the t-aols of this Province, and tliat until its effoits and labours can be followed by immetliatc elft ct, it is expedient to re- medy the abuses Avhicli may exist in the keeping and nianairement of tlie Common Gaols in the several disti'icts of tliis Province. " That it is the opijiion of this Committee, Tliat by the common law of the countiy, as avcU as by the Act j)asscd in the forty-tiftli ye;ir of (4eorge the Thii'd, chapter thirteen, the C-onnuon Gaols iu and for the sevei-al disti'icts of this Province, are pbu-ed under the care of the Sheriffs in tlieir respective districts; and tliat by virtue of the said laws it is the especial duty of Lewis Gugy, Esquire, Sheriff of the District of Montreal, t'/ keep and Buperiutead the Chap. XXXV I. IS,*? 6. .; 1 :! i,' -iltiljl f I iill 214 ri Cbap. Assembly mldrcsscd the Governor on the sulyect, xxxTi. v,h() promised to take it into serious eonsideration, 1836. CoimiKiii CiiU)! of the ilisti-iot of Moutroal, and to see tlmt it i^ luiilliiy and socurc. ''That it is tlit; (iphiion of tliis Coniinitti'o. Tliat tlio Oil'ioort; to ■\vhiiin the keeping, seeui'ity and healtliiness of the .«.:iid Gaol were entrusted, liad at their disposal on the llth Deeenil)er, ISMo, 'he jneans of furnishiuijf to the piisoners therein eoiifined, the usual and BufKeieiit allowance of provisions antl fuel to maintain and pre- serve the lives of the said ])iisont hereatVer appoint him to any place of honor or proiit in this l*ro- vince." The Quebec Mercury makes the following ironical remarks, on the accusation of Mr. Gugy by the Assembly : — " Is a member of the Legislative Council. Summoned the Grand Jury Avhich found no Bill against the Military accused for 21, hA 3 snlijoct, idcration, c tlmt it i^i lo Oltic'ors to (1 Guol were or, is:;-), ;lio, tho nsiiiil :m(l liu and pi'c- do:itli of tl.c l(>iinu<)ii (!:h>1 Villi jviul loth n s^roiit iiH'ii- Otliccis win) ,e dutv it wa3 , and "that the i|H'i-iutcud the iind has hecu oiu Avith siiflil- Lil Avas l<«'i)t in lyattonchulto :>y hiri auswovs to the oiroutn- th of the saiil d Lewis C.nL!;y d nianagenienfc ln(«V has pei'- r('o;ulatioiis iu any nu-aus to l(l tlie eontiiui- liioler, notwilh- r, with whiuh the paid Lt'wis of Biri Majes- [ice of honor or Im luimhk! Ad- ] in Chief, pvay- Ivith wliieh his Ivis (^ugy i'l'oni llmt he Vill nnt Itit in this Tro- Icmarks, on the lummoned the Iry accused lor and adopt such mctisi.rcs as tlic case mi<2;nt require, chap. This Councils. His nei)hew, the gentle- rnai. here spoken of, served for many years in the responsible of- fice of Sherilf in the District of Three Kivers. and was in reward of his diligence and punctuality in the duties of this oilice, jjro- motedtothe more lucrative shrievalty of Montreal. He commanded during the late war with the Uniicd Stales, one of \\\v. Battalions ^the third) of the incoiporated militia of Lower Canada, actively servin^r on the frontiers, and in that, as in other ca);acities in which, through a lon^ lilt, he acted, was deemed an efiioient and i!( -,ub servant. A'i;c, aggrevated l)y domestic crosses had, it seems, impaired to mental alienation, his faculties, and occasioned the errors, at which the Assembly took olfonce, and visited him with their displea;-ure, which he did not long survive. Personally acquainted, lor a long period, thirty years at least, with the late Colonel Cuiry, it is due to his memory, to ex- press my conviction, humble though it bo, that he wouli! have scorned, in the lull possession ot his intellects, to shield himself at the expense of truth or honor, from any liability however grave, !lf m 1 H: : H , \ • % 1 I m or I knew him not. Ii. C. 2U) ^:■ (■ i 'ii Chap. •>!' llicse procecHlings may very ])r()l)al)Iy have orl^q- XXXVI. nateil in })rivate ami viiuliclive motives iroiii party or "J^!^ other causes, hut tliere eau Ik- no doiiht whatever t'nat the jtrevalence of ahiises as well hy certain ot' tlie Jiuliics asothers in oflice, loudlv called fljr iiives- tiu;.:;ti()n. The ir^laudiim' Committee of (jlricvaiices lahourcd imremiltiiij^'ly, as may he su]>})osed from the mimher (thirteen in all) and extent of their Reports em})rae- in:>; everv topic of i>rievance that could well he ima- j;Ined. The fourth of these voluminous papers is j)roha])ly the most interestin«i;. It was made })ur- suant to an instruction from the House *' to incpiire *' into tlie proceedings ado])ted by either House of *' the Im])erial Parliament of Great Britain and Ire- '' land, relative to the ])etitions addressed hy this " ]h)use, and tlic people of this colony, to His Ma- " jesty and the said Parliament in the year 1834 on *' the state of the Province." This document, to which there was an appcnchx of voluminous corresponlonce a: id ])a]>ers, including the proceedings before the Committee of the House of Conunons in 1834, on Canadian affairs, concluded as follows : — " A system of misrepresentation and premeditated dece])tion, which your Committee have just exposed, iniinterru])tedly continued for five years, could not ■*^iul to embroil your Honorable House with His Ma- jesty's ministers ; to shake the confidence of His Majesty's subjects in the justice of His Majesty's Goverrnncnt ; and to plunge this Province in confu- sion from one extremity to the other. " To be relieved from the misgovernment and op- pression which proceeded from such a state of things, your Honorable House and the people of this Province appealed once more to the Imperial Parliament. The Report, evidence and documents hereunto annexed, arc the fruit of that appeal. '^ From a careful examination of those despatches i) 217 'ii [ive onarty oi' wluilcvor •erlaiu ot ibr iiivcs- laboiu'cd ic miinbcr ts cmbrac- jll hv inia- iis papers made }nir- to impiirc r House of in and Irc- ed by tills to Ills Ma- ar 1834 on ^it,towlileli sponlcnce before the 1 1.834, on remedltated ^st exposed, could not [til Ills Ma- Ince of His Majesty's [c in confii- |ent and op- a state of people oi le Imperial documents ppeal. despatches and documents, and a faitliful comparison thereof chap. M'ith the various messages and otlier connnunications xxxvi. made by the late Governor in Chief to your Honor- YsaiT able House in His Majesty's name, your Committee are of opinion : " Tliat Mattliew Whitworth, Lord Aylmcr, late Governor in Chief of this IVovince, has grossly abused the authority and trust reposed in him by the King, his master, and been guilty of high crimes and misdemeanors. " That he has been in the constant practice of mutilating and curtailing various despatches trans- mitted to him by the King's ministers, before com- municating the same to your Honorable House, thereby wilfully misrepresenting and perverting tlie views of the King's Govcrnnmt. " That he has flagrantly and repeatedly disobeyed the King's instructions. " That he has frecpicntly, to the injury of the in- terests of the Province, refused to (communicate, or falsely denied that he had information with which your Honorable House, with a view^ to promote the public service, reciuested to be furnished. " That he has wilfully and maliciously deceived the King's Government as to the views, opinions, and washes of your Honorable House, representing His Majesty's subjects in this Province. " That he has attempted at sundry times, to des- troy the constitutional and inherent privileges of the Legislature of this Province. " That he has, by wicked and evil counsel, at- tempted to mislead, and actually did mislead, the servants of the Crown on matters touching the w^el- farc of this Province, and the rights and liberties of the good people thereof, thereby endangering the safety and connexion of this colony as a dependency of the British Crown. " The whole nevertheless humbly submitted," ■ ■w ■ t « • 1 I WiK'Iti «- 218 t ! 1886. Clmp. ^'^ Address was voted to Ills Excellency prayiiijic XXXVI. lie would he pleased to transmit the fourth Report of the Htandinjj; Couunittee on Grievances, to liis JNIa- jesty's Ciovernnient in England, with which he com- plied. Besides the Standing Committee on Grievances, tlierc were other Connnittees, as may have heen j^a- tliered ])y the reader from what has preceded, oc- cupied in the research and investigation of public abuses. A Si>ccial Connnittee had 'oeen ap})ointed *' to incpiirc concerning the officers of the Executive Government, their number and functions, and the salaries, fees and emoluments received bv each of them ; and whether there is any improper accunni- lation of pnblic offices in any one person, other than those jn'ovided for by the Bill for securing tlie dig- nity and inde])endence of the Councils and judiciary, passed in a former session of the Provincial Parha- nicnt '^'^ and also whether any reduction can be made in, or any regulation established with regard to the said salaries, fees and emoluments, or the mode of conducting the public business, by which the public good can be advanced." Upon the first Report of this Committee, the following resolutions were passed by the House : " That the cumulation of the offices of Execu- tive Councillor and Judge of the Court of Appeals, of Law Clerk of the Legislative Council, of Auditor of Land Patents, and of Commissioner of the Court of Escheats, in the same person, is contrary to the public good and incompatible with the due and efficient performance of the duties of the said offices ; that neither of the offices of Law Clerk of the Legis- lative Council, or of Commissioner of the Court of Escheats, ought to be held by an Executive Coun- cillor ; and that both of them ought not to be held by one and the same person, f * Which however had been lost. f Hon. A. W. Cochran. 1 Lc\)ort of His INIa- lic coiii- icvanccs, cdccl, oc- of public appointed Executive , and the V each of r accunui- Dthcr than ir the dig- . judiciary, cial ParUa- in be made irard to the ic mode of the pubUc Report of rere passed of Exccu- f Appeals, of Auditor the Court ary to the ; due and aid offices ; ' the Legis- c Court of tive Coun- be held by :>19 **'Tliat llic cunmlatlon of the offices of Grand chap. Voyer of the District of Qucl)cc, and of Provincial xxxvi. Aid-de-Camp, in the same person, is contrary to ihc 7^ '7" public i:;ood, and incompatible with the duo and ellicient performance of the dntiesof the said offices ; and that each of the said otlices ought to be held by a sejiarate person.* *' That the cumulation of the offices of Assistant Civil Secretary, and of Assistant in the Crown Land Office, in the same person, is contrary to tlie ])ublic ^ood, and incom])atil)le with the due and cflicient performance of the duties of the said otlices ; and that each of the said offices ought to be held by a separate person. f *' That the cumulation of the offices of Executive Councillor, being a Member of theConrtof A})})eals, of Commissioner of the Jesuit's Estates, and of Mas- ter of the Trinity House at Quebec, in the same j)er- son, is contrary to the pubhc good, and incompatible with the due and efficient performance of the duties of the said offices ; and that each of the said offices ought to be held by a separate person. J " That the cunuilation of the offices of Coroner of the District of Three llivcrs, and of Clerk of the Peace for the same District, in the same ])erson, is contrary to the public good, and incompatible with the due and efhcient performance of the duties of the said offices ; and that each of the said offices ought to be held by a separate person. § " That the cumulation of the offices of Executive Councillor, being a Judge of the Court of Ap[)eals, and of Grand Voyer for the District of Three ilivcps, in the same person, is contrary to the |)ublic good, and incompatible w4th the due and efficient perform- * E. R. Autrobus, Esquire. •{• J. Davidson, Esquire. :}: Hon. John Stewart. § David Chisliolm, Es(iuire. i5ii mmt II M : 'i '' J; I ^-i 220 Clinp. niK'C of llu" (Imics of tlic said ofliccs ; and tliat ciicli ^^^'- of (|i(. sjiid odiccs <)iii;iiL lo he held by a K'j)aratc ls;;6. person."'^" " 'I'lial an luinihlc Address \)C presented to His ExccUc'iicy llic (lovornor in (.'hici', acjompanicd by a copy ol'llu' ])rc('(Mliiin rcsolnlions, and ol'llic Report of.'i Special (,'oin)ni(lee of llie Ilonse, on wiiieli liiey are l<)nnded ; ImniMy prayinp; ilis llxeelleney to be pleased lo <;ive efleet lo llie opinions tlierein ex- ])resscd, and to remove a grievance lonji; and ear- neslly complained of by ail classes of lliri Majesty's sn!>jects in this I'rovince, by cansins^ eacli of the I ])ersons m wiiom the cnmnlaUojf oi oiliccs menlionec in the said resolutions and Keport exists, to make liis election of one ol' the oiliee;^ he mav so liold, and removinn' him I'rom tlie rest ; and alst> by conterrmii; tlie oilices thereby rendered vacant on separate per- sons, HO as to ensure the due and ellieieiU [)erlbrni- ance of the (hities thereof. 'fo the Address of the Assembly he answered, — '' I will not liiil Lo carry into execution the direc- tions of His jMajesty, as a)Uiounced iii my 8j)eech at the openinnr of the Session, with reference to [)ersons liold mix nicomp iitibl e or nicontrruous appointments And I fiu'ther recpiest you to assure the Jlouse, that in nonunatmg to vjicant offices I shall not lose si^ht of their wishes, wliich are in strict acc(;rdance with m}' own views on d\e subject." Another C/ommittee iiad !)een named " to inquire into the present con(htion of the Post Office Depart- ment, v>-ith the view to tlic applicati(»» v)('an efficient remedv lo the dele(;ts in its orLi'anisati(ni and ma- nagcment." T.'pon a Report of this (Committee, it was resolved, " thai; an Inimblc Address be presented to [lis Excellency the (Governor in Chief, praying Ilis Excelhmcy to direct the proper officer to adopt lc.'j;'al measures to o])lip;e Tliomas Allen Stayner, * Hou. II. Uc ucj. 221 Ell t cnvh to I Hi* :\\ i\\^'y y to l)*-- ;>ii\ ex- .iicl ciir- .ajcsty's I of the .jitloncHl uake liit* old, niid rate per- ^)Ci'tonu- cvcd, — ■ h(? dircc- ncccll iVt 1, ) ^)crs(mj5 ntuicnts. use, tliat lose si^ht ^^lth oce |() n\([vurc ] )c\)avt- ettieleiit laud ma- uittcc, it |)i-cseuted prayiiili; to adopt .Stavner, Esijuiro, 1)<'|>u(y r«»,u iSFasler (IcMieral, lo rci'.jlau'sc ciian. n cerlaiu sum ol* nine liiousaud live luuidreU and xxxvr. fifly poumN i\\c .'liilliuii's and Iwo peue:- eun*cii.y,*T''7T' •vvhieli (lie sai\iu\ llie said Tliomas Allen Slayner, without audiorily ol' law, ap- ])ropriated lo his own private u;->c and heuelit.''^ *" Siinicifiit tlnlii li!iv<'. howt'vtr, Imtu olitiiiinMl to ciiiivinoo tliom tlmt tli<' I'l's'i, OIlK'c l)('|t:irliutiit in llii' l';m!iil;i> 1i:h lucn u sniiico t«» lii'oiit Mritniii. Iiir'^o siiin- Imviiii^ li. cii aiiiiunlly w- luillct' l)y lilt' Di'puty l'<'-^t Mn-lcr (Iciuiiil to fin- (Jciioial l'<'st OIIk-c, Iviiidnn. j'oi' tlic tliii Itc'ii }(':iis cihHiil:; in ls;il im-lii: ivc, tlU' (•llo.lll"llS Slim (if 1''.>1,(»S5 Ss. S.l,, ^l«•|•lilli;^ llM . li(«il li:ii luiUi'il to I',M'^'I:uiil li_v tlic I'ti-.! OOii'c of lliis I'luviiicr ; Die nviii iviiiiUaiKi- di' llic last t'oui' years \mii'^ .L'lo,()ll i;;-t. dtl., .stc'iliii IS- C' XT aiitiuia. " 'I'lic Dcpiify P<>^( Mii-(«'i' 'Jciicial v.n>i](l j»i'o(iii(llli;i( {iK^ari^o sums ol" tlic |iiil»lii.' I'l'Vtimo, Avliifh lie llm-; di jiii.-:i',ii.",u iii> r"!l wliicli !i<> I'oocivcs tVoiu til 1' liiitiTs foi' certain ,'^i:i'\ ic-i A\liit.'li lio lond them. ]!ul. Your Couniiiltco uc.iild iv^pc'ctlull y siil)niil, tlial tliis iva<[iiity I'osl Maslcr (i•. tago collected, paid t'r.>ni the !j;i'( ss receipts from Mler po.«tai,^' " The Deputy I'ost Maste!' (JeniTul ei>nliil)uit's none of the ex- poJises fof tlu! trans[)nrt, of the Mails, nor of the salaries to tht) Post Masters or tlu-ir Assistants. 'J'hc j)u')li<; rev-aue is Ihrref. ro taxed for liis piivatt; advanta'i'e ; ii fael, whiel' is e'.tal)lishe 1 i)0- yond a doulit. liy tlu' eviih-nee of tlie euntrac-t.ir -wlio foiwai'ds tlio Mails Ihlweeu Quehee and Montr<\Tl, -wIk, achidls tliat tlie JM'o- vinee is elitu'ij^ed an extra sum of £'"_'t)U a year, foi- tlie tiansp »rt of nc\vs|mpe)'s on thi< route alone, " The amount wlodi the Deputy Postmaster (lenon'l acl^'i':A\'- lediTOs to h;'ve reeeised from tiiis source for the List tli:e:j vc.us, as as follows : — 1 0'>o ISrA. " Under all thc^e eircur:isianc'es Y'uv roniuulte.' e- nsi^ler that tlui ])epUiy Postmasier (lenoral luul no liij^'it to ajuyopiiate t^ihis own i)iivatc advautage t)ie sums recciveu for the traasuiisiiou of "'i illl I; I \\ '! • f,! 222 Cliap. xxrvi. m The observations below appeared in the Report upon which the Address was v(ited. The LIessenj^ei*s presenting the Address received tlie answer following : — "Gentlemen, — I have taken into my serions consid- eration this Address, which prays that I wonld direct the adoption of legal measures to oblige Mr. Stayner, ]-)eputy Post Master General, to rein\burse the sum of nine thousand five hundred and fifty poimds five shillings and two pence, which, since his appointment lie has received, and without legal authority appro- priated to his own use for transmission of Newspapers and other })rinted Papers and Pamphlets by Mail ; and I find from such information as 1 have been en- abled to collect, that the Deputy Post Master General receives his Commission not from any local authority, but, under an Imperial Act, from the Post Master General in the United Kingdom, — that from that source all regulations for the management of his Department emanate, — and that the net revenue derived by means of the Provincial Post Office is transmitted to, and forms part of the llevenues of the Parent State. I also find that the proprietors of NcAvs, and other printed Papers, arc not obliged by any legal ])r()vision, as in the case of Letters, to use the Post ()ffice as a mode of conveyance for the cir- culation of their Papers ; but I am advised that un- der the Imperial Act which esta])lishes the rates of newspapers aiul other jinnteil pai:>ei's by mail in tlicse Provinoes, and rospeetfully suggest tliat legal means Le taken to oblige that officer to rein\burse the said sum of £0550 5s. '2d. currency, Avliich he lias exacted and appropriated to his own use ; the said sum, wlien reeov(;rcd, to be dividecl in a proper proportion between Upper and Lower (.\inada ; that he be obliged for the future to a1)stain from such practices ; and to pay into the general fiuid the net sum which shall 1)6 received fron) newspaper piintors, and for the transmission of ncAvspajiers per ])ost, after deducting the Postmas- ter's per centage, Avhich general fund ought to be expended, after tho necessary expenses are paid, in extending Post Office acoommo- daljon in these Provinces, instead of beiug remitted to England, as 16 now the •ase." Report cccivcd 5 coiisid- Id direct Stayncr, the sum mds five ointment y appro- AYspapers by nm\ ; been en- ■r General authority, )st Master from that cut of his t revenue . Office is uies of the ,)rietors of )bU<];ed by rs, to use [or the cir- \(\ that un- ic rates ot Uc riovinces, \o oblige that l>roncy, wliioli lid suin,Avli('n Vweeu Upper tve to a1)stiun the pet sum aiul for tho [the rostmas- Ipondcd, after IHce aoooiamo- [o England, as 223 Postap^e, if News and other printed Papers are sent Chap, by Mail, the Post Master niiglit legally denuind on xxxvl them the same rate of Postn^-e as on Letters. This, ^TITT' however, from liberal views towards the pul)lic, has not been the practice ; but the De})uty Post Masters General of British North America liave, from the earliest period, been allowed, as a privile(j;e and per- quisite attached to the Office, to make, for their own benefit, such arrant»;ements with the different ISews- pa})er proprietors as they could mutually ajjree upon with respect to the charge for transmitting News- pa])ers through the Post Office. Under these arrangeuients the charge, I under- stand, is ([uitc triflmg compared to what might legally be demanded for the benefit of tlie Im})erial lie venue ; and as the privilege has recently been ex- pressly recognized and sanctioned by His Grace the Duke of Richmond, while Post I\Iaster General, up- on a complaint formally made to liim on the su])jeet by a proprietor of one of tlu' Provincial Newspapers, I feel that I could not wit propriety coiuply with the ])rayer of this Address. I will, however, com- municate with His Majesty's Government, and sug- gest the expediency of their taking into early con- sideration the existing; arrangements on this h.ead."'"'^ I: * The view here taken of the subject l>y the Oovovnor seems by no means sound. Altliough tlie Deputy Tost ;^hlster (fenei-al did not hold his (Jomniissiou fi'oin any loeal autliority, but nniK'r an Imperial xVct, and from the Post Master fieueral of tlie United King- dom, fctill the monies lie was receiving under tlie Act were levied upon the people of Canada. He was in the receipt of a lai-go salary, paid out of tliose monies, for the duties j^eilormed by him, and although the publisliers or proprietors of Xewsj):pcrs were not obliged by any legal provisions, as in the ease of Letters, to nse the Post Ofhc^ as a conveyance for the eircnlatiou of their Pajifi^fs, this really coidd Ije no just reason, while they thought proper to do so, as tl;e quickest and cheapest mod*; they could adopt for the circulation of tlieir Papers, for allowing tlie Deputy Post Master General to make this a *'])rivilege and a i.ei-(|uisite" appertaining to his office, and to permit him to msike, tor his own benefit, such arrangements with the different Newspajier ])roprie- tors HA they could mutually agree upon," while the j)ublie mails, uf i !| 224 1836. I li' %;1 Chap. ^-Tliis inquiry into the condition of the Post Office xxxvi. was, as recommended bv the Committee, to have been resumed at the next session, " with a view to the apphcation of an efficient remedj^ to tlie defects in its organization and management." The defalcation of the late lleceivev General, JNIr. Caldwell, had hitherto remained unsettled, that gen- tleman still retaining the possession of extensive property belonging to him, whicli if disposed of at its proper value might, it was supposed, suffice to discharge the judgment against him in favour of the government. A (yommittee was appointed " to in- quire into the presoit state of the afeiirs relating to the defalcations of the late Itcceiver Oeneral, John Caldwell, with au instruction to consider ^^hat mea- sures ought to be adopted by this House, in order to secure the rights of the Province." The fc'uigiiiory of Lauzon, belonging to Mr. CakhAcll, it is to be observed, was at this time under pul)licati(>ii ibr sale by the Sheriff, at suit of the Crown in satisfaction of the judgment it held against him. The Committee reported as their opinion, "* that a sale of the kind could not be otherwise than [)rcjudicial to the inter- ests of the Province, on account of the small number of capitalists wlio could or A\'ould invest in the said property a sufficient s;mi of money to pay {nnth.ing "which these Papers innde p.irt, wore conveyed at the public ex- pense, Wliatevev the " practice" may have l)een " iVoin tlio earliest period," there -was far less of lihei-al vieAVs toAvards the public than toAvards the oflicer receiving a fixed salary of jfioOO sterling, ayear, and whose post, every thing considered, Avas far more profital>le. by means of that practice, llian that even of the Governor in Chief. The above, it ought, hoAvever, to be oliservcd, is not intended as derogf?tory in the least to Mr. Stayner, avIio, although det'iiud to be for many years an ove)'])aid, is also universally aekiioAvledged to liave been a zealous, indefatigable, and must efhcient piiblic functionary, under Avhose able superA'ision the postal comnuinica' tions during the period of his services, (upAvards i>f tAventy-tiA'e years), A\'ere remarkably facilitated anil increased, so as to keep pace Avitli the commercial and other developments in the progress and improvement of the comitry. 225 m : Office ;c been to tlic fccts in ail, Mr. lat gcu- xtensivc h\ of at Liffice to r of the " to in- latinp: to ral, -lobn li;\t mca- ivi order ^ci^iilory is to be ,11 for sale Taction of nvunittec tbe kind Lbe inter- 1 number I tbe said juiytbhi^ c public ex- the ctivliost I iniblic tliau Vluii,', fiyoixr, rofitable. hy luov in Chief. iutoniU'i' as ,x (Icoinocl to >lAvlo
  • -o as to" kt^ep the pvitgvesa car (be ninouiU due to tlic Province ])V llic said (j( i IS \\]{\i lilC o-vcatest x::::vi. n Jobn (JaUbvcll, Es(|uire. rcii'rct," tlicv o1)scr\cd, *' tliat voni- (Joimnitlco per- ccix'C tlic Iiiiiiimcrahlc iHlliciillics wliiclHiuit^t arIs(Mii a ([ncsllon oi' tluii Importance, and wJiicli luioht be removed if tbc Jlonse were disposed to Usten iavor- ably to certain proposals maile lo ilie Committee on tlic part OI* Mr. CahUvell." Tl'cy ^iatcd diat !ie was disp;)scd lO ^^'ive n[), ;ii\d even rc<|;iesled the llonse to p.ccc'pt ill ptiymeul of ilic 1>;ii;)nce dne from him to the iVovince, the Seio:ni(»rv oC jjan/oii, allien h.c was rcjub.' lo make o\ cr, i).'()vi(kHl v i'nW (Vi.sebaro'c were Li;ivcn bim, and the Coinniittee o-a\e it Jis their opluioii, '• tbal for tbe sake of ciitlinii; short a ^-reat number of litiLcions diilicultic,-., and of avoldinu' lbe is:;») cnormo )HS expenses vbicli alwaxs sittend ji Sherlll' sale, and the o;reat sacribce v.bicb siu'h i\ ^.ale would cost tbc Province, it would be ex[)edicnt to listen favorjibly to die ])roposals made by die said Jobn CfiKlwcll, E>([uire.'' Tbe nou.,-e in (./omniittee of die Wliole b;niuo; taken the iJK;!tc>r into consideration passed, the t'ol- lovvino; rrsi>hitiou;-j : — Resolved, th;ii it would he a(b'aiitriO;c()n.s !()r die l'r( )f oviuco l'> ac([uire the pivrperty (tt the >eiu'niory o Lauzon, when die same is sold by tbc Sbcritf, iu ease no biddiiios sbould be oiiered to an amouni jip- proacbiuL!: its veal value. lesolved, tbat it is expedient to a])p()iut one or U 1 more Coi Kinissioiiers to become tiie purchasers ot (iic said SeiLTuior^' of Lauzon, for and on behab' of lbe 'rovmce iU( b. sal( e, wbicii Ccnnmissloners s ball use their discretion witn respect to tlie amoiir.t of tbe biddinjj;, and sball fi.dministcr th.e aPiaivs of tbc said SoiL;nit)ry until die Session of lliC Parliament Viatel V after the purchase, ])\ cr.using next jmmci figurative plans to l)c made of the ;ovc mil lent, tlic altciatioiis and amcudiiieiits Chap. whieh, ill tlie view of tlie Asseniljly, it was desirahle -"^^^vr. should Ijc made by the Iiu})erial rarlianicnt lo those jy^^j^ Acts. The thanks of llie Asseml>ly were voted "to the Hon. ]). I). Viji^er, for l»is serviees as tlic late Ali'ent of this Proviuee, and for llie zeal, palviolisin, aissi- duity and talent dieplayed by him in ac(jnitiii;' him- self of his mission, and snpportinjr the divers elaims entrusted to his care, and more especially the j)eti- tions of this House to both Houses of the Imperial ParliaiJicnt, cciinplaining of the niiinerous grievances and serious abuses set forth in the resolutions ado[Ued by this House (>u the twenty-first February, lS^j4." The like were also voted to Augustin iS'orbert Morin, Es([., a member of the House lor the County of Bellcchasse, for the distiimuished serviee.->, and lor the zeal, patriotism, assiduity and talent lie luid dis- played in su])porting the aforesaid petitions of the House to both ]h)uses of the Imperial Parliament. Lord Gosford, it seemed, promised himself, at the opcniiifT of the parliamentary campai<»;n, sijinal sne- cess. It hoM'ever ended, as all but himself antiei- pated, in liis disap])ointment, by leaving matters in a more unpromising state than ever. He prorogued tlie Parliament on the 21st Mareh, with strong ex- pressions of regret at the failure of his mission. " (jfcnfknien. of the House of AssonhJij, " It is to me matter of sincere regret, that the offers of peace and conciliation, of whieli I was the bearer to this countiy, have not led to the result w'hieli I had hoped for. The consc({uences of their rejection, and of the demands M'hieli iiave been made to His Majesty, I will not venture to })rediet. " In the speech wit'i which I opened the Session, I announced, that should you consent to dischargee the arrears due to the pubhe officers, and provide for their maintenance, pendhig the encpiiries whieh His I Jt' I I u '4;i i l^ji If: 1 1 ^ W w~ 1 ^ •1 m 230 Chap. Majesty had commanded to be made In the Provnicc, Kxxvi. iiQ pr^i't of i]iQ surphis revenu';} of the Crown should ^"^^be touclied (hu'ing those enciuirics witliout your assent. As no provision has been made lor the pur})Oses eon- temj)lated in tiiat proposal, I shall be under the necessity of applying the revenues at tlie disposal of tlic Crown, as tar as they will extend, to the payment of the public servants, and towards the current ex- penses of the Civil government. What further mea- sures nuist be adopted for die removal of the diffi- culties to which the affairs of tlie Province are reduced, the authorities in England nuist deteruiine. " Gevtkmrn of the Lcyislaiice Cotoicil, *' Gentleinen of the House of Asscmbl/j, " Of the fifty-nine Bills that have passed both Houses during the session, I have given the Royal Assent to all, save one, namely, the Bill for establish ing a Railroad between the River Saint Lawrence and the Province line. As this Bill affects the King's prerogative in the disposal of the waste hnids of the Crown, the 42nd chiuse of the Constitutional Act makes it necessary that I shoidd reserve it for the signification of His Majesty's pleasure ; and it is probable that the omission of the formalities required by that cUiuse, will be altogether fatal to the measure. " I shall continue to do all in my power for the advancement of the public good, and the furtherance of that paternal policy which has been enjoined upon me by our Most Gracious Sovereign ; and you. Gen- tlemen, w^ill, I doubt not, each in his individual capacity, labor to preserve the peace, and to promote the real interests of the community." This was the last of constitutional legislation in Lower Canada, for, although the Provincial Parlia- ment met, subsequently, twice previous to the sus- pension of the Constitution, no Acts wdiatever were passed, the Assembly abdicating, as will be seen, their functions, until changes should, at their dictation, be 231 incc, lOllltl 5 con- r the )S{il of y'lnciit it cx- ■ mca- diffi- ;c arc nuine. \ both Royal :abhsh ICC and King's of the al Act or the d it is quired casurc. [br the icrancc |d upon , Gen- lividual omote tion in ^arUa- lic sus- were their lion, be made in the constitution of tl\c Province, which the chap British government and Ifiipcrial ParHamcnt deemed xxxvi. inconn)atible with *hc British constitution, and there- T^CT' tore nuuunissible. The following despatch from Lord Gosford, on the rcsuh of the session, will be found interesting: — "Castle of St. Lewis, '' Quebec, 12th Marcli, 183G. "My Lord, — It becomes my duty to inform your Lordship tliat the Provincijil Executive has again, for the fourth year, been left destitute of the usual legal provision necessary for carrying on tlie Civil government, and paying the large arrears now due for past services ; and thus, at the end of a session of more than ordinary length, a satisfactory adjustment of the financial difficulties of the colony appears to be as distant and more hopeless than ever. I shall in this despatch, while giving your Lordship an out- line of the proceedings of the two Houses on this subject, briefly touch upon what I conceive to have been the cause and reasons thai; led to this disastrous result. " On the 9th of November la^'t, the accounts shew- ing the arrears due for salaries to the public officers, and for the other ordinary expcniliture of the Govern- ment, including the advance made from the Military Chest, was transmitted to the Assembly with a mes- sage inviting their immediate attention to the subject. These were at once referred to tlie Standing Com- mittee on Public Accounts, as were also the estinnates of the current year, transmitted in like manner on the 20th of the same month. But nothing further in the matter appears upon the proceedings of the House until the 5th of Januarv, when the Committee presented their third Report. The subsecpient steps of the Assembly up to the 12th of February, having already been detailed to your Lordship, need not be here repeated. On the 20th the House went into !t4 I- * I 4- ii r 'f- 1'( t- ■ ^ :■ I fl 'fW' 232 Chnp. Cominitlcc on ilic several JlcportsoiiPuljlic Arcoiinls, xxxvi. on ihc Nlatc of ilic IVoviuce, anil (mi llic jMihlihhcil extracts from the inslrnetions lo llie Canada Coui- is:;t'. il; mis>:ioHers. These (jnestions formed llie snhjeet of p;oloiir>\arded by this opportnnity, with a separate despat^'h,) and two resohitions, a copy of '^vliieli is lierewith trans- mitte(b In lliese resohuions, the ANseml-lN, entirely passing b)' tlie (jnestion of arrears, determined to vote hnp|)Iies for six months only, from the loth Jannary to the lotJi Jnly next, and io abstain, nnder existing eireumstai\ees, from speeityingin the iSnpply iJill the pjirtieular funds appropriated; under a })ro- tc.^t, however, that this course hhonlil not in future bo invoked as a precedent in opposition lo the reso- 1nti(Hisof the House oi' the lOth of Mareli, I880, and 21st Fe))ruar3% 1831. Tlie cpiestion vi' concurrence being put on the resolutions, Mr. Yairielson moved iin amendment, a coj^y of which is enclosed, to the effect that it would ]jq expedient to vote as well the arrears due, as the supplies reijuireil to meet the expenses of the current year. This motion was ob- iectcd to by the Speaker as un})arliamentary, be- cause it Avas not offered in the shape of a motion, proposhig some subjei^t for deliberation and decision but ui the shape of a protest, tending to censure a decision of a Committee of the whole House, and further, because in matters of supply, when the de- cision of a Committee of the Wliole has been in favor of a smaller sum, or a shorter period of time, it is not afterwards allowable to make any motion in the House tcndinu: to «>Tant a lariicr sum, or to extend the period. " An a])pcal wds made to the House from this '-lecision, but it Avas supported on a division of 40 to 21. The resolutions Avcre tlien passed, auvl on the "29th a bill was introduced in accordance with their OlllllS, ilishccl jcct of Com- i.vavdcd I,) nwil I ti'uiis- MiUrcly iuctl to ic 15tli 1, uiulcr Supply r a pi'o- i future l\c rcso- S3o, aud L'urrciicc I moved ^1, to the \\ell the ucct the ■".vas o!)- ary, bc- iiiotion, decision >n!-;urc a ISO, and the dc- lu favor it is not hi the extend ^'oiu this Jof40 to |l on the ith their :..\.\vi. 1S;.G. 233 principles, passed on tlie 3rd instant, sent U]i to tlie ciir.p. Le^jjislativc (-ouncil on ihe .uh, and, after a lir^l and secoii.l readin^;, lost on tlieiUh in a eonunittee of that " body, ))y the coininiltee risinii' wiihoul reporliii^-. *' I expressed to your Lordsiiip my conviclion, before the resuh Mas known, tliat the ])artial pul)ii- cation in Upper Canada of the instructions to the Canada Comniissioners was likely to ])r()ve a serious obstacle to the successf il {irrano-einent of the /inan- cial difficulties of the IVoNince; this conviclion, I regret to :;ay, has been more than realized ; and I cai; only repeat my belief, th;it hut for that publica- tion the arrears and full supplies would have been f];rante(b As it is, the Jh)use of Assembly have as- sumed a new position, and, not comj)lainin<^' of the cxistinji; local adminisiration, have made the o-nintinj^ of the arrears dependent on a full compliance with all the demands contained in their Address to ilis Majesty. "In ])assin" Members, and there can, I api)rehend, be no doubt that he is witliin the mark, It will be ol)ser^■ed that in the case where the two JLle])resentatives of any County or City (the County of Laprairie, for instance, or the City of Quebec) were divided in their votes, Mr. Yiger as- signs CO each an etpial portion, or one-half of tlieir constituency. Now it is notorious that the ninety- two resolutions were approved of and popular among, it is not too much to say, nine-tenths of the Canadian population of French origin. i i,'i* h I i ! ll i >! fl ■i;: I ii ^ II 1 ii 1 If j r' (j ■n o a .' 12 rt cl pq •a rO o CO (11 CI •0 o '- o "; o -i I— 1 I— ( ~ o ■»7( ,1 o 00 ti C5 CI H r— CI • r- -1 * ■ri r( ■■^ o |i o rfl ^ o 5 a — 1 b- f-< <1 4) o pq to o Iil' ,1. I e o a o a > 2 o a ■*-» ca: •5 o iz; o M H P O cc P5 oif} JO ODuasqo aq!^ o:^ Suipaoa -OB o:^oA ;^ou pip %VH% uo|;ppdoj 3 hi S o o 2 S H ^ s^ s CO a J? <1 o •I8SI ni .C:^nno3 9X{\ JO uoii^Tqndoj » H O •;saroSy 238 CO X.- o 00 o o Oi 03 CO OS o 1- o o ■<* © (M «0 U3 00 eo OS c-i ir- o 00 »o O CO O <£i eo O O 00 0> f— I i- «0 CO rji CO OJ o CI to o o OS o 00 c<> 00 o o to O -*-s f- « =3 C iT" 53 to Xi cjj.jH o t< J»0 a la CO s -^ c ;c3 .X 's^ o S « CO ^ ^H i; >-j o o o o -, -t-= Cl o e3 ;-i CO CI 00 o CI o o ■TiH r-l CO I— I CO CO CI CO CO o CI O rH CO OS CO CO CI CI CO o CI CO I-H CO CO O i-l CO CO ir- Tj< CO Tt< -^ 05 CO CI ■* GO C4 I-* 00 CO CO CI lO I— I CO CO CO CO JO -^^ CO i— ^ CO -2 • CJ <» , S 5? ri 5 'T! '^J 3 i:; ? Q S w N i "O pQOMOHQh:ja^ma5 ft IH >► d: H O O tt c3 a « rd o O c« H O Ph a o a> Ol I— I CO 00 CI CO CO I-H JO CI CO ao CI U3 CI CO Chap. XXXVI. 1836. I If -;i :**«:' l:,'l 1 i'^''*''' Hi' 1 1' ''"*'■ i'i ^ 1 ||i I ^vH CI in p. XXXV r. 1SC6. 00 CO ftJ CO t/-j o ^3 o o o to o p (/3 "ti <*) c O o o o 2 o a O is a> p=l O < t^ H 00 Ol o •4-" r— < •a a o !-r tn O e3 CO o CO FraTTTmriT"!'- i 241 J «^ -3 o d o V> ei o _^_ o eJ '3 a. o CO 00 CO 00 00 to o 00 •-;3 00 .r o bo a> Ft .2 S I CQ o o CO t1 • r-4 -M fl to a I— t 00 CO CO o 00 r-t o" I— I 00 eo" CO CS o 00 si a 03 o 5 ^- a CO a o _■ rt ,d (1) "D - 3 V a CO o •it , s ^ I a o ««« c3 =J *3 O <0 to ,£2 a? a o -<^ 3 CO o CO CO -4-1 c3 fl u 'd o I > bOP^ -N- ^ CO- -M 4J -M § +3 o o o o O H i-H -^ kO O to > CO ^ o a 00 . CO >j 00 2 to .3 1—4 ej I— I 1836. CO 00 to i.o CO 5^.«2 ■^ -tJ t-^ ir» c/j 60000 00 t- tH «0 ■ >w>w/ o o o O O pqpq 9 o O S-6 •saifjunoQ 0^ •as It ' 11 \\ li m ■' '.h m ■ 1 '1 1 •r^ 242 CO fl . ,^ Qj Ci ••-•CO o •-• 2! CO 43 -r^ •^°° Chap "p- ic .. S5»^3 OD 51 11 \0 ^O >-1 r-i T— I I— Tjl' ITS Tt" XXXVI. 1836. ^^ ;" <;:: o o t P3 3 >- O O rj ^ '" i ^^ % r-( CO C/3 -^< »o »o > ^" ,_;' t^h" ' to CO o <» ;3 o o « o IF "^ •"^ a ca o )-^ >H ^ O § 2.2 ft) C/i rJ o o •y rt fcn o « 3 CO m w 33 M o 9 ^ >- o +-> O U o t o '-.: rA CO •-w r-l SO 10 oo ^* 1—1 C' d ^ * ■ >-^ 1— t a •^-J aj to ^> 30 CO 10 « <^ a (/2 H >^^ ■^ «. .fm 2 >w ^ t; fc," s; ;; ^ k_H WH fcr^ 1^-1 'rd t«=i («i? l«q i«^ ^f iD3 cart ?..-ti 3 " O r^-jB ^^ h.ii +-"-3 >^ ii a « y a 3 r« , s a a ^ a 3 rt >,i? J o « a 2 2o 2<*-"'-"^aS^ a -S ■^' r"1 o ,^ ..,■*:■ S S p— a» c. ? Z) ^ rn O cS 1^ o « a t^ ^, a - a.= 5 a ;=' q '^ 'Ti -t:, '-i -^ ^.-=1 . i:-'-^ 1^ « 5; -H ;-, "•' .3 r^o 2 £ 2 ^ p^ <« k i:^ B^^ a 2-^ b o ti '-« ,a k-! O -H i H^ a o o >-a a en > O iJ t? f/3 (-1 '^J CJ a,T^ p^ ^ to . t-H .3 O 'A ^ ^ a3 =^ a ,x>. +-' •'^ -, o k 2 1^ o 3 >■ 2 r-O -J CS -4 '^'^a g a a^a I: 2 rt r- J3 a 3 a r? rfl ^ '/> te ,7; , ^ ' G a ' « o a ::j C> a o S 5 ^PQ OS S-2^ S-y O H" s^ r/) CD Ph Ci 03 CI J -4-^ CO Cm s k. Pn Ji -. Chap. "' '« C- - J, to Loll Gosfl^ 'f "^;'"'"»' Associatio, '. "f tl'o Constitmion l^. ' hi -^ '■"""^'' "f Iminche^ «"J oxpressivc of a d« ' "* '"^ '"^"I «I'aracter com.o.-.ioa Iiapnily si wft • """ '" Preserve fj,,: "'-•^v^, we shall confi ,0 ;';,''^,^ '«•.' •-•« ^^-eH «« J,ol hi }>"« acoonlmoly subL. I ■'""'"" *« fW sole) wl ?! Ji- I 1 E 1 ... 1. I :1'i •*ii' -i'lo tcnninatio,, of ,1,1 ''IX^'raiice as follow, •- uuty ot address no- f;>n,>. , ^ "'"^^"mutteo Hi^. *eir ^.llon.eiti.e;?s Cw Vn-"',= ""'^ ^X-f fico of the Constitutio,!. ' '''^^"^ ''"""d the cdi. i'l ■ 'j im mna !#) jl 1 I i 1 A M hB ^w '^w 1 si^' m %■ 1 m I i 244 Chap. *' The Committee, at their first meeting on the 28th XXXVII. January, ])r()cecded to elect, by haUot, an Executive ^^[^J^ Committee, according to the Kules and lleguhitions of the Association ; and has received from them the following detail of their proceedings : — REPORT. " On taking communication of the proceedings since the formation of the Association in January last, the Executive Committee now report : — That at the general meeting, held at the theatre on the 26th March last, the Chairman then reported to the Association the proceedings of that Committee up to that period, and it is therefore considered unneces- sary here to repeat them. " Mr. Walker, the agent appointed at the general meeting to proceed to England, with, and in support of the Petitions lo the Imperial Parliament, was, without delay, furnished with copious documents, information and instruction, for his guidance on his mission ; and early in April last, took his departure for England. An early opportunity was afforded both to him and the agent for the Quebec Associa- tion, by the Colonial Secretary, to make known to His Majesty's Government, the object and import- ance of their mission ; and Mr. Gillespie, Chairman of the North American Colonial Association in Lon- don, was appointed by that body to unite with them in urging on the Government and Parliament, the claims and complaints of the inhabitants of Lower Canada, of Brit ih and Irish origin. " The determination of His Majesty's Government having then been signified to the Agents, of sending to Canada a Commission to inquire into, and to re- port upon, the complaints and grievances of the ad- verse parties, they, the Agents, were informed that no legislative proceedings would be resorted to in the Imperial Parliament, in regard to Lower Canada, until that Commission had reported to His Majesty's 245 n the 28tli Executive Illations of them the rococdings II January >rt : — That tre on the rtcd to the iittee up to \ unncces- the general in support iient, was, locuments, nee on his departure IS afforded 3C Associa- known to nd import- , Chairman on in Lon- with them ament, the 5 of Lower rovernment of sending , and to re- 3 of the ad- brmcd that 3rted to in rer Canada, s Majesty's feocrctary wo„l,I I.c ^iZ^ f"'" ^'.<>"<^ou, ,I,o Colo, ,, i:::i"^'''--'-v'---:"n.l!h ,.±:^]'' ■"4-- tiK-t.';: Clmp. ?36. 1^7 f the Conu.isiJXh^Tf '" "'^ ^'^■ in -hat manner the r.,v. • "^ ^'^ ^"<>^ wJicn inrl to receive tes,i,„ony ^""',™*^^'<">ors will !,« d fc" sed coyabt«ofU,,i-,-^^^^^^^^^^ of the e,ai„,i°::| sociation ofMontreaf ami ^ '^ Consdt.ui'o,,,,] A^ and to the txvr, u ' ' Presented to H,<, at • '•"!^,f.f Sir' '^- in,,e.:r t.s:? KesoU„1on::!S;;;^l to that Petition, ^ *o cenaiu the Assoeiationf4;ettt]:rrr ^""'"•"to' f # ^i.;-- # 'III i ' M I «! • fl r- #; wmm I i\ •i : I ! . w 3 ^^ *i '. f. 2!C Clmp. of which I have the honor licrcwilh lo transmit a XXXVII. cojn) 1 aiii directed ])V tli'j iOxcciitivc Ooinuiittcc to "TTTT'statc, that tlic Associatioii \m\v hvUi iiiioiinclhy their A<;^ut, that at an interview wiili '.vliich Mr. Walker was lionoured by Lord (Jleueli;, on the loth ofMr.iie hist, liis Lordsliip Avas ph>ased to wtate, that all the points adverted to in the Uesohiiions of the !^^>ntreal Association wonld he embraced in the in- structions to tlie Coiiunissioners Avluan Jlis ^hijesty liad been pleased to appoint. — Mr. Walker has fur- ther informed the Associauon, thi-it at i subse(|uent interview with his Lordship, tc ^vhich he was admitted on the Kith June last, Lord (llenel^' repeated the as- surance previously jpiven, that the various to})ics of complaint enutnerated in ihesc Resolutions should be noticed in the instructions to the Commissioners. " lam now directed by tlie Executive Committee to cfu[uirc in what manner, and at Avhat time, J lis Majesty's Commis,;ionevs v/ill be ])leased to investi- gate the various complainisofllie Petitioners. "I have the honor to be, Sir, u Yo'v obedient j.ervant, *' J. CuTHHiP] Sc(»rT, Sec. C. A. }vL '' Thomas Frederic?: I' lliot, Es(]. " Sec. of the Rov' 1 Comn\iss:cn." To tliis letter no Yci:.y has been received by the Association. (Tiic Secretary in!'Tnated, liowcvcr, that the fol- lowing had been rcc^ .'cd by this morning's post :) '- Ou EBEO, Bccjml'nr 5, 1835. ^' Sir, — I have hr J the honor to receive and lay be- fore the OommisGio-:cr,.; your letter, dated 24th of November, in([uirinf.; n!: what time and in W' hat man- ner they will be prepr.ved to investigate tlic com- plaints in the Petitions adch'cssed ia^it year to His Majesty and both Houses of Parliament, by divers inhabitants of the District of Montreal ; and I am to i. i 247 ismit a ilU'f to , of tho the in- :NhMc^^y has fur- d the at^i- lopies of is should isslonevs. imitlee to inie, His ) iiivesti- i'S. A. ^I. \ by tli<-' the lol- ls post :) 1835. id lay bc- 24th of Ihat man- thc coni- lir to His )y divers I am to 18^0. ae<]uaint you, in answer, that the Conunissknrrs arc q^ at j)reseiit eii!j;a^ed in eoiisidcralion of the coudltions .\.\>vir. whieh it may h'.' proper to annex to the measnre of" «j;iviii;^- up (lie (-rown Ihserves; and that, in connec- tion M'ith that suhjeet, they have also heiin'e them th(« (jnesiion of the; indepencU'nee of t!»e Judges and the creation of a Court of linpeaclnnent. W the Constitutional Association of ^h)ntreal wish to oIUt any ini'orinatioji on these ])oinls, the Connnissioners M'ill he ha])py to sec any })erson or persons wliom they may depute for that pnr])()sc. ''In order, liowever, to ena])lc tlie Association to decide wlietlier it he (k'sirahle lor them to send snch a de])utation at present, or to wait some fntnre sta^^e of the proceethngs, I am desired to apprize you, that as soon as the Commissioners shall have des- patched their ]lepv)rt on the matL^rs above adverted to, it is ])rohahle that their next enquiries will relate to any im])r()vements which may seem practicable in the system of mana<;-in<>; the Crown Lands, and des- posino- of the Wild Lands and Forests; — that from thence they will ])roceed to the tcmu'cs of Land j^en- crally, and to the ell'ect which the Seigniorial Tennre may produce upon the pros])erity of tlie City of Mon- treal, as well as to the subjects of the llegistry of Titles, and the future Incorporation of Land Compa- nies. Finallv, that the Constitution of the Execu- tive and Legislative Councils, and the state of the llepresentation of the People, arc questions wliicli it will be necessary to approach. The scope of the Commission is not confined to the sul)jects w4iich I have enumerated, although, under the instructions from His Majesty's Government, they are considered to have the first claim to attention. "Having thus stated the course of inquiry contem- plated by the Commissioners, I am to add, that during its progress, it is probable they will remove their sit- tings to Montreal ; and as they propose to make their f> I, i 4 I \i% 1(1 ( A ' « I' li ■ t II 248 Cbap. Report on the appropriation of the Crown Reserves »**▼"• before ChristmuH, I am torc([iiest that you will favor 1836^ me with tlie earliest intimation you ean conveniently afford, whether or not it is likely that any gentleman from Montreal will wish to attend before that Com- mission be despatched, " I have the honor to be, Sir, " Your obedient, humble servant, " Tiios. Fredk. Elliot. " J. G. Scott, Esq., Montreal." " The Executive Committee have been very desirous of organizing Ward Committees throughout the City and suburbs, the utility of which would be felt in the event of any emergency arising, requiring union and strength ; but they fear that their wishes have been but partially and imperfectly carried into effect ; and this Committee cannot refrain from recommend- ing the immediate and general adoption of a system of organization. " Petitions, respectably and numerously signed by the inhabitants of Montreal, have recently been trans- mitted, through the medium of the Executive Com- mittee, and presented to the Provincial Parliament. " First. — For the establishment of Registry Offices throughout the Province. " Second. — For the abol'^hmcnt of the Feudal Ten- ure throughout the Province. " Third. — For the continuation of the improvement of the Harbour of Montreal. " Fourth. — ^For the improvement of the Canal Navigation in this Province, on a scale to correspond with that going forward in Upper Canada. ' ' Measures have also been taken to procure an amend- ment of the Act for incorporating the City of Montreal. " The Executive Committee cannot refrain from bringing under the notice of the Association the in- fraction lately committed on the Constitution of this Province, by the Executive branch thereof, in paying. 249 cRcrvcs ill favor Miicntly ;\tlcnmu It Oom- LLIOT. desirous the City )c felt in iig union lies have I to effect; ommend- ' a system signed by 3en trans- ive Com- rliament. ry Offices LidalTen- rovement he Canal )rrespond ,n amend- /lontreal. •ain from m the in- in of this in paying, ^vithout authority of law, and for purposes tending ciipp. lo llie total ::Uj})versiou of that Constitution, a large ^txxvii. sum of nionev out of the Tublic Trea>ury. If one ^y^J infraction of the law ould justify another, they do not see why the payment of the duties by which the Puhlic Treasury is filled hhould not he wiihheld to prevent the recurrence of such an act of s[)oliati()n. *' All which is, nevertheless, respectfully suhniitted. *'By ovder of the Executive Committee, " W. 11o151':rts()X, Vice Chairman, " J. GuTiiuiE Sco'iT, Secretary." "Montreal, Nov., 18^35." " At a meeting of the General Conunitlee, held on '' the 28th of November, the following resolutions were carried : — " First. — That a Committee of iliree persons be appointed to audit the Treasurer's Accounts. " Second. — That the present aspect of affairs in this Province demands a closer union of persons of Bri- tish and liir-ii origin for the ])ur])()se of mutual defence and support ; and that aConuuittee of seven persons be now named to alter and amend the liules and Regulations of this Association, with the view of carrying into effect so important an object, and to report thereon at the next general meeting. "Third. — That a Committee of five be appointed to draw up a Report of the General Committee, to be laid before the Association, and that it be an instruc- tion to the said Committee to point out such objects as it may consider of importance to bring under tlic consideration of the Association. " In conformity with the last clause of this resolu- tion, the Committee have prepared, and respectfully submit to the consideration of the Association, the following observations : " The Association cannot too frequently place before the public the principles and demands of the popula- tion of British and Irish descent, and contrast them l2 in": ri'. hi I l'''.'( ill |:1 1836. 250 Chap, with tlic acts and tlic demands of the dominant xxxvir. party in tlie Assembly. " Constitntionalists demand ameliorations in the hiw, and changes in the institnt:')ns of tlie conntry, beneficial in their innnediate eft'eets, and vahiable as elevating the condition of the French peasantry, and qnalifying them for the exercise of the loftier dnties of freemen. ^' The effects of the French Canadian leaders, on the contrary, are limited to the preservation of their ancient institutions, and toachan^-. j in the Constitn- tion which cannot reasonably be c./ected, so long as the existing form of Governr::^.,t of the British Empire shall be preserved. "The French leaders have ol)lain :'^, with the nnre- llecting, a character of lil)erality I:/ their demand that the Legislative Conncil slionlcl be elected by the people, instead of being, as at present, appointed by the Crown ; and the opposition cf Constitntionalists to this change, has given rise to much misrepresenta- tion of their principles. Any expression of opinion in regard to tlie sn])e- rior adaptation to the wants and interests of society of the republican form of (jovernnient, or that of a constitutional monarchy, is not retiuired from the Connnittee. Both forms of L';ovcrnr.,ent have their advocates ; each can be sustained i-y ])oweriiil argu- ments derived from historv ai-d fro:.! reason. But the Connnittee believe that no e(.uc:;ted man of un})rejudiced mind, Avill hesitate to deiumnce the course pursued by the Frencii Canadian leaders, Avho, under the specious guise of iveformers, osten- sibly desirous of a Goverinnent more intimately con- nected with the v,'ill of the ])eO})le, as really anima- ted by zeal for the preservation of all those pecu- liarities which so unenvi:ibly distinguish tiiis Fro- vince from all other inhabited portions of North America. 2,51 )nunimt , \n the :()iuitry, liable as try, and >r\lutics ilers, on of their JonstUii- so loii«; u j^rltisli the iinre- • dciiiaiul cd by the ointed by .ilionalists tpreseiita- thc 811] >c- jt" soeiety tliat of a from the ave their ail ar^u- Ihit of " Tlie most ardent admirers of sclf-covernment ^v^ll toil. man Kinee the leaders, rs. osten- itel V c on- ly aniina- se Itiiis pe cu- o- rr Kortli Chap. 1836. n(hnit, that the (jualifieation of a ])eo])k> for investi- xxxvn, tiire witli tliat im])ortaiit privilef^c, is a solemn eou- sidcratlon ; and the Committee feel eonvineed tliev shall have no dithenlty in repellin<>: the eliarpje which the (hi})lieity of the French Canadian leaders induces them to reiterate, that the Association is ' factionsly and iinjnstifial)ly ' op])osed to the introduction of the elective ])rinci])le of Government in this Pro- vince. The vVssociation numbers amid their ranks, many of the children of Rejiublican America, Avho venerate the land of their birth, and are ])roud of her institutions. Enrolled in the Association is a ]ar<2;e body of individuals who have a variety of forms, ■\vho, witnessing the effect of despotism to degrade, and of freedom to elevate and ennoble, v^illingly join in the declaration that the source of pov, cr is in the people. But, who compose the Associatic ^ Arc they not mainly Seotchmen, Irishmen, Englishmen, Germans, and the descendrmts of those from the British Isles, who sought tliC enjoyment of civil and religious liberty in America ? And needs there any declaration that a body so composed, can deem an intelligent people unfit to exerci>. \ a majority, ij2;norant of the nature of the eontest, is now arraved against a British minority. " rassin"' by the petty vexations of the Feudal Tenure, sueh as the Seiu;niors right to call for the title deeds of every vassal ; his exclusive ri<»ht of grindin;^; the :iii(n'y ' Ills ac- :\vl)ltrary :d to the vhich we Canada, Cities of property ne e([iial liieh re- I person ereets a sts eapi- is outlay br'Hight effects, tdtliou<2;h jd in the 'Provinces Iration of l)e ascer- Iceedings 255 througli the Courts of Law, ])ut secret incunilmmccs ;;chnp. may still exist, unaffected hy that ^irocedure, for^^^^^^'u- whose discovery no means are afforded ; hence the jj]^^^ difHculty of horrowiiu'' monev on m()rt<];aiJ!;e and the fre(juent seizure and forced sale of real estate. " The })r()fits which accrue to the Seignior from tliis state of things are obvious; juid the interest of the French Lawyer juid Notary, in maintaining a system of law that fosters litigation and ])roduces corresponding expense, is e(jually intellijuihle." ] " The first settlers in Canada brought with them the I artificial distinctions of rank, and the oppressive laws of that state of society, which iiad grown up in rank luxuriance, under the despoiiMm of the liourbons. — The eradication of the.-;c laws, as it would have been the first object of dawning intclligcicc, so would it have been the first eft'ort (fa reibrnvinfi* Lei»;islature. Yet the French Canadian p(>])i:lativ;n ofi'l submit to their ]iernici()us operation — 'liie llonso .T Assembly proclaims to the world a resolve for their iieriietr.a- tion, and denounces the Consiitutioiiaiists for seekini!; tlieir a])oliiion. " The Coniniittec cannot omit makini^ reference to the notorious fact, that several ^Members of the House of Assembly, in successive P:ivlinmcnts, have b( en unable to reador Avrile. In one oiate of Re])u1)Iicau America, those similarly circumsLanced, are discjiuili- fied for the eom])arativcly hur.ibie duty of a IVUy Juror, wliile, in this rrovinee, a virtual encourage- ment to the neglect of educalioii is offered, by ren- dering ignorance no im])ed!ment to the res]M)nsiblo and iiiijiortant duties of legislation. Can it be snp- posed that a ])eo])le in this eondition are competent to judge of the various and c()ni])licated relations of society — to decide upon tlie nicely graduated scale of ])unisliments so necessary to a jutt system of law — to regulate the intricate concerns of commerce — and, finally, to comprehend the wants and the wishes ■'J i h m i 1 Vff [h, 5 ^ '■'5! i f= 1 '■ ( J 1 1 1 XXX ISiJG; 256 Cbap.j <^f i^ti'^t portion of the community, uliich, from cdn- 'viii cation and superior inlcUi gcnc c, in more advanced ~ * in tlie social s^alc. ' " Wlicn to tliis state of affairs is added the fact, that the pernicious (Ustinclion of origin has been sedu- lously employed to ])erpetuate a separation of ihe two classes — that feelin<;'s of enmity have been crea- ted and encouraged among the French population, aji'ainst their fellow-citizens of British ancl Irish dcs- cent — the opposition of the Association to the intro- duction of the elective principle in this rro>'ince, will be regarded by all unprejudiced men as dictated l)y self prescn-ViUion. " The Association earnestly desire that tlie Legisla- tive Council should be compo&ed of men who, by birth or long residence in the country, are warmly attached to its mterests, who are intimatelv concern- cd in its prosperity, who are alike independent in mind and circunii-tances, and distinguiJied by the esteem of their fellow-citizens. A Legislative Coun- cil formed of such materials will enjoy the confidence of the people, and be alike observant of duty towards the Crown, and of respect for p(;pular privileges. Public opinion will sufficiently punish a dereliction from the one, or a disregard of the other. "To surrender the entire control of the Government of the Province to the present constituency, would be ni effect, proportionally to increase and confirm the power ot the French faction. The influence which has brought the French population not simply to endure, but to cherish pernicious laws, cannot be counteracted, until education and a free press shall have diffused among tliera the elements of political know^lcda;c. " The British and L'lsh population perceive in the past conduct of the French leaders, sufficient evi- dence of what w^oiild be tlieir future career. Confi- dent of the continued support of a majority, inacces- irorn cdu- advanccd e fact, that )ccii sedit- ion of the [)ccn crca- >opuhition, Irihh dcs- the intro- rro^'iiico, as dictated le Lcoiiftla- I Avho, by ire warmly V concern- )cndent in led by the itive Coun- confidence ly towards )rivilcges. dereliction ovcrnmcnt cv, would id confirm influence not simply cannot be )ress shall f political 'ive in the cient evi- Conli- inacces- 257 sible to argument and united by an indefinite dread cii^p. of everything British, they have ventured upon aetsxxxvir. that would have blighted their character in any en-^'j'^j^;^ lightened state. They have violated the priiici})les of a Representative Government, by expelling from successive Parliaments a Member freely elected by the people ; another Member has been expelled on the ground of alleged distpialification, while one of their own party, imder similar circumstances, has been permitted to retain his seat : — and the sitting Members for the West Ward of this City are allowed to retain their seats in opposition to the votes of a major'ty of cpialified electors. " The French Canadian leaders have numbered among their grievances, that one-seventh of the Township lands has been appropriated by law lor the support of a Protestant clergy, and yet they have studiously withheld from the public view the facts, that, for the support of the French clergy is exclusively appropriated the revenue derived fi*om the exaction of tithes in the Seigniories, and that large revenues from extensive tracts of land are en- joyed by French communities. Are duplicity and exclusiveness the characteristics of Reformers ? " The men of the Constitutional Association are united for one grand object — the maintenance of £gjial_jng^hts. Upholding the principle, that every clergyman should derive the means of support from his congregation, they cordially accede to the appli- cation of the Clergy Reserves to pin'poscs of educa- tion ; but they claim w^hat their opponents have intCi tionally overlooked, a general adoption of that principle. *' Although years have elapsed since the British Gov- ernment, after strict investigation, declared that cer- tain properties were held by communities without any legal title, yet a large population, com[)reliend- \ ing that of the principal cities of the Province, re- < :,'! I'M; I- m ¥ iwimiin III wi.ain liiiriifta ii I.M ill* f! E '' J If Chnp. XXX VI I, A:^ 258 main Ruljjoctod to 'rnovoiis nnd irrltatinji; fciidal exactions hy those coiiinuMiities; tlic j^rowth of our cities is cliecked, by tlie inlerruntioii of ])arcels of land ]ield in liiorlmain, and ^vllicil are refused, for })ur|)ose;j of public iiii])ro>'euient, to earnest a])])li- cations. Tiiese evils ini-'lit v.ell have found eiuune- ration aniono; tlie numerous rmevauees uliieli a uiicroseopic vision hr.s detecicd, and Avould liavc connnaiided 'o : Aiitiou o'i ii lleforniing Legisla- ture. " The AssoC' 5:f u i'.avcno smister motives ; in the true and stern •eCorn., tliev demand that tliose <>j>])res^i()ns cease. 'J'liey protest, in the name of their fellov,'-e(mntrymen, ;i^-ainst any compromise or concession tliat sliall ccmfer tlio sanction of His IMaiesty's Government ontfic illeoal exactions Avliicli a Aveak j^oHey has suffered to exist. " Our fellow-citizens in U])]>cr Canada demanded the modificati(m of the Charter of the Kiufr's Col- lege at Toronto, l)ee.uise of its exclusiveness, and yet their brethren in Lower Canada have, of late years, witnessed the estaljlishment, by Provincial Charter, of several French Colleges ofthc most ex- clusive character, deriving their support principally from tlie public rcveiuie,by annual grants freely and lavishly bestowed by successive I*arliimients. Li their anxiety for the advancement of education, the Constitutionalists have hitherto uttered no complaint, but, goaded by a sense of wrongs inflicted 'oy the French majority, they now formally protest against the support of Colleges founded on narrow and ex- clusive principles, Avliich necessarily deprive a, large portion ofthc })opulation of tlie advantages of those institutions, and demand a general system of educa- tion, divested of sectional antrTnTr)?rjtl--YrCw&: ^ " The nuuTcl-l^urrmKlTtJTIIte^^^^ " by grants from the Public Funds, warrant the As&D- ' elation in demanding, as an act of justice, propor- ' i I • i'ciidal l\ oi'our wcch of isccl, lor st n])i>U- L LMUIMIC- Aviiich a lid luivc Lrgisla- »s ; in llio \i\ud that iIr> name in]>vonnse [)n of His )ns Avhich Icmandccl n9 lionatc grants for tlic instvn'jii/)^ of youth of Brllisli and Irish ori'i'in ; an:! ri.v..hcr, th'jy conceive tlwit tile Jesuits' Esiaio and College a!; (^nebee sluaild be dedicated to liie esla')lisiiinent of :m institution tor the higlier 'on.nches of scleice and learu'ng, cpc n to , aUclasses, antl divestecl^^^sectiirian refiii-ioiis tesf7 ii^ eit herTfsjmliesscH s or its sludenls. ^ ""^ ' " Tlie })roceedings of the Assembly, now in Session, evince the usual s])iiit of hostility to ar.y l)enencial cliange in the laws affecting proj)erty, and tlie ])ro- seciition of works of jiablic utility, ^\Ilich are iuipe- ratively called for, to eiKible us to coiu])ete success- fully with our rivals for the western trade. Sevlo'is and woundiuLT to our interests as are the obolach. ■• which a narrow-minded aiid hateful ])olicy inl( ;'- ])oses to prevent the marcli of public prosperity, t-ie Association more de:].^.y regret that no hope s])ocdy amelioration can be discerned, exccj)t thron;;'!! the intcr]K)siiion of the Impcr-al rarliament, or from a legislative union of the Provinces of I j>[)cr and Lower Ca.nadc. However, another resource is yet afforded to those of the Association resident in ihc Ooanty of Montreal — namely, an jmnexrition to Up- per Canada, Avhich v»'ou]il Kce them from a comiec- tion rcDulsive to tiieir fji^liu'W, {uid destructive of their nitercsts. " The Proviiieial Revcnu:\ inainlv furnished bv the British and Irish ])opida.ti()n of this Province ajid of Up})er Canada, has been iii part, illega.lly a])p!ied to reward political partizans — lo cMigage the service of an agent, who advocates ])rinci})les deslru(ti\'e of an important branch of our trade — to disseminate liilsc and libellous attacks on our principles and motives through the British press, and to sustain Journals in this Proviiicc. Sincerely does the Associatioti deplore that the Governor in Chief, in obedience to instruc- tions from Ills Majesty's Muiisters, siiould liaA'e sanc- tioned au unconstitutional application of the Proviu- Cliiip xxxvir. 183('). 1 I |i| ll: ■V*.. 2G0 ( C'aap. ^'i'l^ Funds ; painful and irritating as would, in any XXXVII. circuinstaiices, have l)ccn tliis infraction of the Con- "J'^'^stitulion, yet more accurately felt is the wron^, })r()- eeetlin«»; from those who, we confidently expected, would have interposed the shield of liriiish justice for the ]>r()tection of that structure reared by the Imperial Parliament itself. " The Constitutional l)arty in tliis Province arc resolved to devote their energies of the preservation of the fundamental principles of the existing Consti- tution, not merely because of its assimilation to the Constitution of the United Kingdom — not nio'ely because the change so ardently and pertinaciously demanded by the majority of the House of Assem- bly will, if effected, speedily sever the connection with the parent state, a coiuicction which the Com- mittee maintains is beneficial to the colony, and affectionately a})preLiated by the bulk of the Associa- tion, not merely Oecause the lamented ignorance of the Frencli Canadian peasantry presents an insur- mountable obiection to a further extension of the elective principle, but chiefly, because the change demanded by the House of Assembly, would entail upon them and upon their children, a virtual depri- vation of the elective franchise, an insupportable con- dition of moral servitude. '' The dishonest imputation of the French Cjinadian leaders, that the Association is composed of and- rcformers, and supporters of official aliuses, has been for ever put at rest by a distinct and open avowal of our principles, and the true character of the struggle as between feudalism and rational liberty — domination and equal rights — French Canadian 7ia- tlonaJUe and the spirit of universal liberty, is known and appreciated throughout North America. "The peculiar positi(m of the men of British and Irish origin, though surrounded by difficulties, must not give rise to despondency. A confident reliance , m any he Con- njr, pro- X})CCtOcl, li j list ice I by the ince arc icrviilioii r Consti- :)n to the t mo'ely iiacioiisly f Asscni- Hinection the Com- Diiy, and I Associa- orance of tin insur- )n of the c change 111 J entail lal clepvi- ;able con- Onnadian of and- las been u avowal r of the iberty — idian 7ia- is known ■a. iLish and jcs, must t reliance 261 upon the justice of tlieir cause, and the cnerfries of cimp. the race to wliich tliey belong, nnist animate theiui^J'xvii. to resistance against oppression, and will yet crown ^T^JT^ their etlbrts with success. lint, watchfulness and action are re([uirecl, and a more intimate con- nexion with their brethren throughout this IVovince and in Upper Canada; to effect which imj)ortant object, they earnestly recommend that delegates from all the constitutional societies in this Tro- vince assemble in Congress, to deliberate u]n)ii our situation, and to devise the best and speediest means of j)olitical emancipation ; and considering the identity of interests between the inhabitants of U|)})er Canada and the constitutionalists of this Province, that urgent re])resentations be made to them, by means of deputies or otherwise, foi that aid which will accelerate the overthrow of a hateful domination. *' All which is, nevertheless, resjiectfully submitted. "II. Dyeii, " Chairman, General Committee." Montreal, Deeemljor Stli, 1835. The following Resolutions were adopted by the Meeting : Moved ]»y Adam Fcvrie, seconded by James Brown — 1. Resolved, That the Report now read be received and adopted by this Association. Moved by John Boston, seconded by Henry Corse — 2. Resolved, That the Report of the Committee appointed at the meeting of the General Committee, held on the '28th November last, for the purpose of altering and amending the Rules and Regulations of this Association, as now read, be received and adopted. Moved by T. A Begly, seconded by John Jones. 3. That this Association do now proceed in conformity to the Rules and Regulations, to the election of a General Committee for the ensuing year. Moved by J. Holmes, seconded by J. Shrimpton — 4. Resolved — That the threatening aspect of public affiiirs in this Pi'ovince, leaves the enlightened and independent, of what- ever origin, among the population, no alternative between vigorous action and humble submission, and as the latter is not to be thought of, that means to insure greater efficiencies of action be taken, and \ I li. »i 2(52 : 3 ii. f'Sil '.1; n */ Chap. 'V\\U was f'lilowcd up, iiiJimuary, by an Aiklrcvss XXXVII. from ihc :;.i;iic body: - IbaO. " TO THE INIIAIilTANTH OF BIUTJ.SII AMEIIICA. *' Fellow Countrvmen, — Yvlicn an iiubistrioiis population, after yv^Mr.s of siifa'riu^*, arc aroused to a sense of dangei', by renewed attacks upon their ri|i;btH and liberties, an appeal to ihoso of it only of Lower Canada, hut of all the British jjossessuius m jNorth uVmerica. jMo\ ed by JL (hitrin, seconded by John Molson, Jun. — G, Jlesolvcd — That this Association view with surprise the mani- fi'st opposition by the ])opular branch of the Lcyislatui'e of this I'rovince, atrainst every advance made by individuals calculated for the iniprovemeut of the Province, and particulai'ly of the Dis- trict of Montreal. In the present Session, we hav(^ already v.it- iics cd ihe «'xtraordiiiary inconsistency of tlu^ Speaker and hia followers, exercised expressly to tiefeat tlic Railroad applicati<;u foi' this Di.-T! ict, by which a b;inier i;; intentionally erecteil to the employuient of emi;^'raats, forcing thein lo ihe necCosity of seeking a home elsewhere, and whereby theae ji^rovinces would mainly be cnalded to cojnpcte with the rapid strides making by our nc'igh- bors, which eve long, (unless coiiiiteractcd by the inarch of im- provement on our part) musi piovc ruinous to ourselves individu- ally, and to our risiug commercial iatcrcsts. Nr I Address :iiiCA. lulnstrious >usccl to rt iicir rij^lUH ird bUxxl, ucoMinm- lot'Briiish c'd evils of Imposition to adopt such 1 Culi^'l'l'SS, Jib ilulitinal Soc'i- i ill tlic liiatcr li Papinoau of of tlu; citv oi' il ifl'dSS VIolH- unptioii IS tho iiii iiidivulual political anil is Province of 1,1 pro^pi'vitv, io;^iiO:5sioU6 lU Inn. — liise thcinani- latuve of this lis caU'Vilatcd iy of the DJH- alri'ady wit- laUei- and Ids id ai)pli<'atiou [.rcctc'd to tlic ity of sot'kinf^ lild nndu' •y ly be our nc'igli- larch of ini- indlvidu- VC3 268 of tlic Tmpt'rial riovcrnmcTU for rclici'; deceived in Chap, the ioiully elierislicd trusi, tlicy arc impelled to sock,*''''^"' t'roin their own cMR'r^ie^•, that pi'oteetuwi which has myo. hecn withheld hy the [)()wcr on whoso justice they reposed. " For lialf a centnry they ha\'c l)ecn snl)jected to the doniination of a party, whose policy has been to retain the distiimuishiiio; allrii)utcs of a iorei^n race, and to crnsh in others tluit spirit of enterprise which th(>y are nnai)Ie or ninvilliii^!; to einnlate. Jhn'iiij^ that [)eri()d, a po])nlation descended from the same stock with onrselvcs, iiave covered a continent with the smilinjj; monnmei ts of their a^^ricnltnral industry; Upper Canada and the I nited Stales hear ample testimony of the lloodtide of ])rosperity, the result of nnresisted enterprise and of e(|nital)le hiws, which has rewarded their efforts. Lower Canada, wlierc another race predominates, presents a solitary ex- ception to this «i;cnei'al march of improvement. There, surrounded by forests invitinii' ihe inchistry of man, and oti'erino; a rich reward to his labour, an illiterate people, opposed to improvements, have comju'cssed their ; nnml)ers almost within the boundaries of the original settlements, and present in their laws, their mode of ai»;ricultnre, and ])ecnliar customs, a not nnfaithful ])icturc of France in the i^eventccnth century. There also may be witnessed the humiliat- ing sj)ectaclc of a rural population not nnfrecpiently necessitated to Implore eleemosynary relief Irom the Le«»islature of the 'ountrv. " It were increu bic to sup])ose that a minority, constituting nearly on<^-lhird of the entire pcjpulatiou, imbued with the siimi ardour for improvement: that iionorablv disthii'-iiishes their race throuu-hout the North American continent, and possessing the nn- dispnted control of all the great interests of the colony, Avonld resign themselves to the beniunbing sw^ay of a majority diiTering from them so essentially \ ■ I 'I I ' t I if! ff^^^lkt^Aattmgthltm, ■^oMuisJ^it^i i . S> ■aii i 11 ": : \ ■ fi ■ I 1836. Ill ^ 1 i vi I 264 Chap, on all important points, whilst any mode of delivcr- xxxvir. ance was open to their choice. Nor would supine- ncss or inditt'erence on their part, produce a corres- ponding change in their opponents, or mitigate the relentless persecution with which they have been visited. The deep rooted hostility excited by the French leaders against those of different origin, which has led to the perpetration of outrages on persons and property, and destroyed confidence in juries, who have been taiight to regard us as their foes, has ex- tended its pernicious influence beyond the limits of Lower Canada. Upper Canada, repulsed in her en- deavours to open a direct channel of communication to the sea, has been driven to cultivate commercial relations with the United States, whose policy is more congenial with her own. Nova Scotia and New Brunswick will learn, with indignant surprise, that the destruction of their most important interests is countenanced and supported by the Assembly of this Province. " A French majority in one Province has caused these accunuilated evils — a British majority in the United Provinces will compel their removal. *' If it be the desire of the French Canadians to isolate themselves from the other subjects of the Em- pire, b^ cherishing the language and manners of a country vv^TTii^'stHids to them in the reTation of a foreign power, the effects of such a prejudice will chiefly be felt by themselves, and may be left for correction to the hand of time ; but when national feeling is exhausted in an active opposition to the general interests of the British American Provinces, when immigration is checked, the settlement of the country retarded, and the interests of commerce sac- rifiiced, to the visionary schemes of establishing a French power ; it becomes the solemn duty of the entire British population to resist proceedings so pregnant with evil. Let it not be said that a million I 266 r deliver- I supine - a coiTcs- igate the ave been d by the jin, which arsons and rics, who 5, has ex- hmits of II her en- lunication ommercial cy is more and New prise, that ntercsts is ;sembly of las caused ty in the -9 adians to 3f the Etn- nners of a ation of a udice will 30 left for n national on to the Provinces, ent of the merce sac- jlishing a ty of the jedings so t a million of fieemen permitted their rights to be invaded, and ci^ap their onward course impeded, by a flxction which al- xxxvii. ready recoils in alarm from the contest it has rashly "TT^ provoked. " Connected as are the Provinces of British America by a chain of Rivers and Lakes, affording the means of creating an uninterrupted water communication between their extremities, at a small expense ; pos- sessing within themselves the elements of an exten- sive trade by the interchange of those products which are peculiar to each, and forming parts of the same Empire, they have the undoubted right to require that these advantages shall not be sacrificed by the inertness or the mistaken policy of any one state ; more especially when, as in the case of Lower Canada, that state, from geographical position, exercises a preponderating influence on the prosperity of all. " The facts which have been made public in two x'Vddresses, emanating from the Association, conclu- sively establish, the want of education among the French population, their subserviency to their politi- cal leaders, and the hostilitv of those leaders to the 1 population of British and Irish descent. Many addi-/ tional illustrations of their hostile policy might be adduced. " At a time when men of all political parties in the Sister Province are united in opposing the con- templated change in the timber duties, the Assembly of this Province, far from lending their assistance, have countenanced the attack, by recognizing as their Agent in England, an individual who is distinguished by his advocacy of the Baltic interests, and his active opposition to the Colonial trade. To aid in the prose- cution of this design, they have not scrupled to ap- propriate a part of the Provincial funds, (obtained under the pretext of defra3'ing their contingent ex- penses,) to reward their Agent, aod to circulate through the British press, statements that are calcu- M <•■ \ M •h i fir ' 266 r Oh^p. lated to mislead the public mind ; thus gratify in xxxtn g 1836. their national animosity, by lending a Avilling aid to ruin the sliip])ing and mercantile interests of die British American Provinces, and preventing the influx of inmiigrants from the British Isles, ^vho are })ronght to the Colonies, at a trifling cost, by the vessels en- gaged in the timber trade. " Upper Canada is honorably distinguished for works completed and in progress, remarkable for their mai>;nitude and for the extensiveness of their destined utility. The St. Lawrence canal, at this moment in active progress, will complete an uninter- rupted navigation for vessels of considerable burden from the upper Lakes to the line dividing that Pro- vince from Lower Canada; but at that point, the spirit of English enterprize encounters the influence of French domination ; the vast designs of rendering the remotest of the inland seas accessible to vessels from the ocean, is there frustrated bv the anti-corn- mercialDoiio_()f the French leaders ; ^ve1ooI^ln vain t5 their proceedings Tor any manirestation ol a desire to co-operate in the great work of public improve- ment, which animates, as with cme spirit, the entire North American population of British descent ; nor is their adverse disposition less visible in their oppo- sition to other important designs ; they either refuse to grant charters to carry into effect works of acknow- ledged public utility, or, when after repeated and earnest applications, charters arc obtained, they are clogged with restrictions of an unusual character, in the hope of rendering them inoperative. " Li all new countries the deficiency of capital proves a serious impediment to the exertions of the enterprising and industrious, and it would be among the first duties of a wise Legislature to invite the in- troduction of foreign capital, by the adoption of an equitable system of law, that would inspire confidence in personal and landed securities. Li Lower Canada, »• i i! ratifying g aid to :s of the he inlUix I brought sscls en- shcd for vablo for of their [, at this imiiiter- } burden hat Pro- oint, the inlluence endering ;o vessels mti-com- )k ui vain ' a desire uuprove- he entire cut nor ?ir oppo- er refuse acknow- ited and they are Acter, in capital of the e among the in- )n of an fidence Canada, 267 from the absence of offices for the registration of real ciinp. estate, and from the system of secret and Lccneral xxxvn. mortgages, not only is foreign capital excluded, but ^g^g the Colony is impoverished by the withdrawal of funds for profitable and secure investment in other countries. In tracinij; the motive of resistance to a measure that more than any other would advance the public welfare, we again encounter the pernicious influence of French exclusivcness. A general dis- trust of the titles and securities of landed estate is suffered to exist, in order to prevent the acquisition of real property by emigrants from the British Isles. " This spirit of exclusivcness, which betrays itself in all the proceedings of the Assembly, disfigures even those measures which, it might reasonably be expected, would inspire sentiments of a more lofty and generous luiture. Although the British Act of the 14th Geo. Ill, which confirmed the right of the French Clergy to tithes, declared, most probably for that very reason, that the religious communities should not hold estates. They continue in the undisturbed possession of tracts of land, exceeding fifteen hundred square miles in extent, besides possesshig property of great value in Quebec, Montreal, and elsewhere. In addition to the rcveruies derived from these pos- sessions, the Assembly annually a])propriate large sums of money out of the Provincial revenues for the support of those comnmnities, and for the estabush- ment of institutions rigidly and exclusively French, whilst to other institutions on a liberal foundation, affording: relief to all, without distinction of orif»;in or creed, a fair ])articipation of legislative aid has been refused. '' It is, to ' the great body of the people' thus char- acterised, that F's Excellency the Earl of Gosford, the Representative of a British King, and the head of the Commission deputed to enquire into our com- plaints, has declared that all future appointments to ffice shall be made acceptable p. i! I 'is V 2t>8 fey ;V ;s ii ' 1-3. .';■ 1 ''' 9 Chad xxxvA I " A Legislative Council eoiistitiitcd on such a prin- ciple, Would be but a counterpart of tlie Assembly ; it might, and no doubt would, reheve the Executive from tlie odiuu) of sanctioning the illegal a])propria- tion of a part of the Provincial revenues, by the mere vote of the Assembly; but it would not prevent the same n\isa])plication of the pul)lic fimds being etfccted by bill, which is now acc()m])lished by an Address to the head of the administration. "'A Government thus conducted would forfeit all title to our confidence, would be regarded but as an instrument to secure the domination of a p^irty, and the brief j)criod of its duration would be marked by scenes of outrage, and by difficulties of no ordinary description. " The French leaders, if we are to credit their reiterated assertions, entertain an attachment so deep, so absorbing, for elective institutions, that they would at once confer that important privilege to its fullest extent, without reference to previous habits, educa- tion, or political dissensions. How much of this ar- dour may have been called forth by a desire to estab- lish French ascendancy, and to depress British in- terests, may fairly be deduced from a review of their past proceedings. Without discus<',tjg the question of elective histitutions, which, '■■ i bvious, cannot be introduced to the extent dem; .ia«jd by the A^^sem- bly, under the existing political relations oi" the colony, w^liich relations we are resolute to maintain, we distinctlv aver, that w^e are not influenced by idle apprehensions of a Government of the people and for the people ; but it must be emphatically a Govern- ment of ' the people,' truly represented, and not a French faction ; the Government of an educated and independent race, attached to the principles of civil ^•n.;i rcMn-ious libertv, and not tiiat of an uninformed d seek ilia: to le iuslitutions of popaiutiou, btrivnig tor dommation, ami for d ]K'^rpet"''*^^e in Auieric; , th feudal k "'•*»^»,a "'-'w^.s. h'f 2r.j.> h a prin- scn)blv : xecutive propria- ;he mere ^'ciit the efrccted Idrcss to )rfcit all It as au tv, and •kcd by >i'ciinary it their 30 deep, "i would I fuilivst educ:v this ar- ) estab- ish in- >f their Liestioii cannot V^sein- )\ the nitain, )y idle nd for )verD- not a I antl rrvd fined Llig- to eiidal ''To tlie people of the twister Colonies we appeal, Chap, earnestly recoinmendinii; the ado])tion of nieasm'es «xxvii for asseniblinji: at sonie central point, a (^onaress of^"^^!^ J)epnties from all the Provinces of British Is\)rth America. A British American Conoress, possessinrt into eading i)llow- R the nt. 1. 1 ions, and land a lers of 1st in- ?solu- tted. 't. 11 the Con- I stitiitional Association and the sifrncrs of ll;c peti- cimp. tions to Ills Ahijcsty and holli Houses of the Imperial xxxvn. Paiiijunenl, i)nivin"es are held in a state of an- ruial dependence on tlie Assembly lor their subsist- enee, while the Adnunistration of Justice and the Judiciary system, as regulated in 1794, is become insuiricieut, and in many eases entailinj^- rumous ex- penses, amountinoth as respects the number and composition of its members, is inefficient lor the purposes of its institution : " 7th. — 'fhat proper regulations ought to be adopt- ed by tlie Crown in the exercise of its prerogative of calling to seats in the Legislative Council, so as to ensure the selection of fully (jualified persons. " The Sub-Conunittee have not been able to dis- cover that any relief has been afforded to the Peti- tioners on any of the foregoing heads of complaint. '' A Commission has indeed been appointed by His Majesty, to incpiire into alleged grievances in the administration of the local Government, and this in- quiry embraces the complaints of the Petitioners. The Conmiission, consisting of three persons, arrived at Quebec, the 28rd August last. " On the 9th of October, the Executive Committee applied to the Commission, tlu'ough its Secretary, expressing their readiness to support the petitions to His i^.lajesty and both Houses of Parliament. The resolutions of tlie Committee and answer of the Com- missioners, dated 12th October, have been publislied, and may be referred to. On tlie 15th December instant, a letter from the Secretary w^as received, )F labor lit' dc- n\d the icrivcd isc'S, as fVsrfcm- of aii- iul)sist- lul thu )('C'()ine )Lis ex- iicil tor :ts the flieient adopt- itive of » as to ;o dis- Peti- Ihiiiit. y His n the lis iii- ncrs. rived nittce [3tary, )ns to The ;om- ^led, Imber lived, 275 statinj^ the readiness of the Coiinnissioners to receive chap, infonuatioii, ;ind Hsten to rejiresentations on the ])art xxxvii. of the Assoeiatioii, which luis led to tl)e first exaniiii- ~T^C^ atioii of two de[>iitati()ns of the Executive Conunit- tee on tli(> li^Jrd instant. " Witli the measure of sendinir out a Commission of en([niry, was connected a change of the ])erson entrusted by His i\raiestv with the chief Ciovernnient of the Province, and tlie new Governor wasphicedat the head of the Connnission. "The speech dehvered by His Excellency at the openinjrof the Provincial Le.^islature on the 27th of October last, may be referred to, as indicalinji; the views of the IJriiish Governinent on the state of affairs in this iVovi nee. "• This speech aifords sufficient evidence that the King's Ministers were desirous of conciliatinji; the majority of tlie House of Asseinbly and its leaders, upon whose conduct is founded the five first and principal heads of complaint on the part of the Peti- tioners Jis before stated. " Tlie only concession to the Asseinbly announced in this s})eech, beyond those contained in the despatch of His Majesty's I'rincipal Secretary of State for the Colonial l3e})artnient, dated 7th July, 1881, which, being; in answer to an Address of the Assembly of the Kith Marc'i, 1881, was laid bclbre that body on the 18th November following;, seems to be, the surrender of all the net proceeds of the revenue of the Crown arising ' from any sources in the Province ;' on con- dition that the manao'cment of these sources of revenue should be ' reserved to officers of the Crown, and that a provision should be made for the support of the Executive Government, and for the salaries of the Judges, by an adequate Civil List.' " The manner in which this new concession may affect the Petitioners, through the power of the House of Assemnly, in which they are not reprc^sented, w\]\ I'll! IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1m 2.0 lAO 1.8 1.25 1.4 ||i.6 < 6" ► Hiotographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ' ,;in to which it owes its existence. Not contented with its former attacks on the Constitutional Act, to w4iicli it had so often and so recently ])rofessed its entire devotion, — not contented with havini»; employed, for several years j)ast, the increased power confided to it by the British Government and Parliament, on the faith of these protestations, to effect the destruction of the Consti- tution, the annihilation of a co-ordinate branch of the Lej^islature and of all efficient executive authority within the Province, derived froni His Majesty, — it has now ime(piivocally proclaimed its intention to perpetuate its exclusive power by the estabhshmcnt of a pretended pure Democracy, deriving its exist- ence from a majority of electors of a particular na- tional oriti;in only, and liable to no check but the will of tiiat majority, notoriously influenced by means of excited national feelings and prejudices. " If the Sub-Conrmittee could entirely confide in what ought to be the result of the declaration con- tained in His Excellency's speech at the opening of the present session of the Legislature, viz. : ' That a Government of which consistency and good %ith are the main elements of power, wall not fail to maintain the sjjirU of that Constitution w'hich has been long- held out as a boon to the natives of t!ie Province and an inducement to the settlers who have embarked in it their enterprise, their wealth, and their hopes of individual happiness,' — the petitioners might pursue their ^vonted and highly useful avocations, in peace and security, regardless of the efforts of the turbu- lent and unprincipled characters by whom they have II V «! to have lie pre- st p ro- ils acts, c those lire, or it owes attacks J often 1, — not 1 years Britisli f these Consti- incii of thority ity,— it tion to shment cxist- |ar na- iit the means de in con- of Iiat a th are intain long e and ed in !CS of ursue 3eace irbu- have 1836. 270 so long l)ccn disturbed ; but the Committee cannol ohnn. perceive, by reference tv) the coaihict of the Brllisli xxxvii. Government and rarUament in regard to tliis Pro- vince for several ycjirs past, that character of firm* ness and decision whicii, supported by knowledge, justice and strength, are the foundation and pre- servers of empire and public security. Neither can they perceive, in some recent proceechngs of the executive authority here, a couforuiity with the spirit or even the letter of the British Constitution and tiie Act of the British Parliament providing for the better governmeut of this IVovince. " The means of more etfecturJly operating against •the petitioners and the authority of the Empire as lawfully existing in this Province, have lately been attbrded to those of whose attem})ts they have com- plained in their humble petitions to His Majesty and both Houses of Parliament. An amount ccpial to about one-fifth of the whole annual rcveniic of the Province levied under perjnanent laws, paid in greal: part by the petitioners, and deposited with the exe- cutive authority to be applied to the public uses of the Province 'in such manner only as shall be direct- ed by any law or laws which may be mavlc by His Majesty, his heirs and successors, by and with the advice and consent of the I ei>;islative Council and Assembly of the said Province,' ( Fide Act British Pdi'liament, 31 Gfeo. IIF, cap. 31, sec. 47,) has been yielded up to the national majority before mentioned and is now used, in part, by its leaders and their agents in forwarding its illegal, anti-constitutional, and domineering projects, both in the Colonies and in En^j-land. " The Sub-Committee is sorry to have to add, that this open disregard of the law has been resorted to bv the executive ant :ity })ubli fest threat, acted on by the Hon ;e of Assembly at its last session, of not proceeding with the public busi- m y \k II IL m 280 Chap. ^^^^^ nnle;'s the (Jovemor advanced to that body all XXXVII. ih'> money that it chose to demand, to be applied to '^ — sneh })ur])ose.s as it saw fit; and this after it had pub- licly ])led^ed the funds of the Province to illegal purposes, and had long neglected, and fmally form- ally refused to make good, according to its promise, advances formerly made, an amount of which, ex- ceeding seventy thousand pounds, still remains un- covered, and has been included in the amount which the Governors are accused by the Assembly of hav- ing spent without authority of law. " This palpal)le injustice and breach of faith on the part of the Assembly cannot be more offensive to every upright and honorable mind than the sacrifice which it implies of a principle essential to the exist- ence of free o:ovcrnment, bv those who are the natu- ral guardians of the public fimds, to the end that they may be a})plied only under the authority of law. " Upon the whole matter referred, the Sub-Com- mittee is of opinion that in the present state of pub- lic aflairs as regards the complaints of the petitioners, there is nothing that authorizes a relaxation of vigil- ance ; but rather, while they continue to respect and bestow ])ro{)cr confidence in public authorities de- rived from His Majesty, the petitioners ought to lose no time in acting more in concert, and, being thrown chiefly on their own resources, they ought to come to an understanding as to the means which they can most effectually employ to maintain their rights as British subjects under the established Constitution ; thus asserting their claim to the high character of their ancestors, and of the great majority of the peo- ple who inhabit the northern parts of this continent. For these purposes the Sub-Committee conceive that it would be expedient that the petitioners, through- out the whole Province, by means of persons selected from among themselves, should consult together, in the view of giving eficct to their petitions, and en- suring the permanency of their connexion with the for III- cx- ct and OS clC" ito lose rown come y can Its as ition ; er of peo- nent. that )ngh- lectcd ir, in en- tile •281 Mother Country under Constitutional Government, chnn. and the p;enerc\l ([uiet, ])roj?|)erity, and liaj)])iMess ofxxxvu. this important part of the British I^orth American "T^'TT' Colonies. " The Sub-Committee most respectfully submit the followinyj Resolutions, with a view to their beiu"; reported to a General Meelin<>;, should they be cor.- curred in by the Executive Conunittee : — " 1st. — Resolved that this meeting has seen with regret that no remedy has hitherto been afforded to the evils of which they complained in their humble petitions to His Majesty and both Houses of the Imperial Parliament, presented at the last session thereof. " 2nd. — That they have seen w4th extreme regret, that since the presenting of these petitions additional means of injuring them have been afforded to those of whom they complained, and that these means, derived in great part from the petitioners, are now avowedly employed lor the purpose of subjugating the persons, property, and freedom of the petitioners to the mere will and pleasure of a power derived from a majority of one distinct portion of the population only, proclaiming its ' French origin' by solemn re^ solves of its Representatives, and manifestly held together by feelings and prejudices averse to other origins, and acted upon by ambitious and self-in- terested individuals. *' 3rd. — That the Executive Committee be re- quested to take measures with a view to the assem- bling of a Select General Committee of the petitioners, at some place to be agreed upon, to consult on such ulterior measures as may then seem most advisable to the said General Committee, in support of their peti- tions ; and for the security of all the rights and liber- ties, civil and religious, which the inhabitants of all classes and denominations in this Province now en- joy, or of right are entitled to. if-]' ■fl i S i'k 11 iiH2 Chap, "4lii. — That the said Holcct Coniiiiitlcc consist of n xxxvn.oiie iiKMuhcr lor each Coiinly, City, Town or Boroujih 'TfisiT''^ ^^'^' A^'i''^^''*^"'-') '"'^^ ^^^'^^ ^'i^' persons so selected be 'admitted on producing;- sullleient credentials. " 5tli. — That tlie time, mode and })ljiees of selection of the members of the General Committee be deter- mined by the Executive Co nmittec, in concert with the Montreal Conmiittee, and that the same be pub- licly notified at least two months before the day iixvd for meetinu;. " ()th. — ^riiat the day nud place of meeting of the General Conmiittee he fixed in the same manner, and that at least one month's notice be given of the time and ])lace of meeting. " Ttlk — That Vigil nee Committees of the peti- tioners, to consist of three residents, be ap])ointC(l for each Ward within the City of Quebec, to receive sig- natures to the iJeclarntion, and to enter in a book, by streets, a list of names, surnames, additions, and residences of t. icmbcrs and signers of the petitions within each VV^ard ; the chairman and mem- bers of which Committees shall respectively keep a coj)y of such lists, and transmit a duplicate to the Executive Committee. " 8th. — That the unavoidable disbursements of said Vigilance Committee be allowed by the Execu- tive Committee. " 9th. — That the appointment of Vigilance Commit- tees, for like purposes, be recommended to the several Branch Associations, and the petitioners in each Parish, Township, or detached Settlement, and that the Committee-men, and all members and signers of the petitions, keeping in view the sixth object of the Association, as expressed in its Declaration, avoid all national reflections, altercations, or angry discussion with those wdio differ with them in opinion on public affairs, or who are of a different national origin, but extend to all the inhabitants of the Province that )Msist of iorouli>int ill the jxtilioin^ to His Mjjjesly and the lni]U'rial xxxvii- PaiilMincnl, and iiad \)cv\\ rcHi'rrcd tor invcstitialion "^^^ to the ( omiui^sion of FiiKiiiirv of whicli His Kxccl- Icncv is tlic head; and that the rccont message oillis Exct'lk'iR'v to the Asscniblv, adhtriiio; to everv dc- claration made l)y liini on the first meeting of the Le'h.test foundation for the assertion so frcMiuentlv *, made by the French leaders, that the system of law i in force in this Province, was guaranteed and eon- ( firmed to the French population by the British (jrov- \ ernment in the articles of capitulation and treaty of 1 cession ; they further declare, that the existence of ; that system is a manifest violation of llis Majesty's i Proclamati;)n in 1763, inviting immigrants from the | British Isles to make Canada their home, and guaran- \ teeing io them a system of law in accordance with j their previous habiis, and with the spirit of free insti- \ tutions to which they had been accustomed; that this \ state of things, so derogatory to Jjritish justice, is ' solely maintained by the intervention of Imperial power ; and that the colonists of British and Irish descent, if unrestrained by other ties, would speedily \ devise the means of emancipating themselves from [ the galling oppression to which i\\Qy are subjected by the persecuting spirit and exclusive pretensions of their French opponents. " Resolved 7. — That in the opinion of this Com- mittee, it would be impolitic and unwise for the Constitutional party to bestow its confidence or sup- port on His Excellency the Governor in Chief, so long as his present line of policy is adhered to ; or to identify itself with any of the great political parties in England ; and that the only prudent or safe course, v\ ^\ \A I •II 28(5 ^i! Chop, in the proscnt state of aft'airs, consists in firmly iiiul XXXVII. (Micr{j;('ti('ally maintiuiimjr tlic ()l))i'C'ts and (IcmandH rc'capitiilatt'd in llic reports ami addresses of this 18^6. Association. " itesolved 8. — 'I'liat the liip;li (h^«>;ree of prosperity wliieh l'j)per Canada lias attained, and the rompara- tive trancpiility she enjoys, when contrasted witli tlic condition of this Province, conclusively estahlish the fact, that other and more exciting causes exist, to distnrl) the j)eace of this comnumity, than the a;^ita- tion of those constitutional ([uestions common to both I'rovinees ; that these causes have been clearly dc- fined and set iorth in tlie addresses of this Associa- tion ; and that the opposition of the French party to the salutary reforms demanded in those achlresses, is the jjjreat cause of the (hssensions which (hslurb the peace of society in this Province. "• Resolved 9. — 'That the selfish, illiberal, and anti- commercial })olicy of tlic French leaders, and the inertness of the French po[)ulation, by withholdinji; co-operation in works of internal improvement, have led our brethren of Upper Canada to look a})r()a(l for those facilities which arc denied in the natural chan- nel for their trade, — the Saint Lawrence : — That this Association ajvain ex})resses the earnest hope, that a wise policy will repair the error committed in dividing the former Province of Quebec, and, by uniting, what should never have been disjoined, confer pros- perity on this Province, and firmly ally the interests of both. " Resolved 10. — That the project of annexing the County of Vaudreuil and the Island of Montreal to Upper Canada, woidd meet with the unqualified ap- probation of this Association, and wonld be hailed as a boon only secondary to the union of the two Pro- vinces. " Resolved 11. — That this Association disclaims any control oyer the newspaper press of this city, and >ly and iMiumdrt of tliirt )spcrity rnnarsi- vith tlic lish the xist, to e a;j;ita- tol)()tli rlv clc- Vssocia- )arty to [Ircsscs, (lislurb 1(1 anti- lul tlic lioldinji; t, have oad for I chaii- lat this that a lividing niting, Ir pros- Iterests ig the kal to id ap- liled as Pro- claims and 287 is in no rc'^poct charijrahlc with the opinion it pro- cimp. militates; that ihi aniKMuiccnuMit is dicnu'd ncct's- xxxvir. sarv, to prevent niiseoneeplioiis, to eorreet ^' *'*'<' ^'- '? ^THair* and to L!;ive assin'anciM)!' iui nndeviatin^' adherenee to the prineiples enunciated in the various adch'esses and reports of this Assoeiation. " llesolvcd 12. — That tliese Uesuhitions he puh- lislied in the Journals ol'this city. *' By order of the Executive Conunittce, "J. CJuTiiiUK Scott, Secretary." Anotlier nieetin;j; of the (^)nehee (Jonstitutional Association took place on tl\e 11th March, at whicii the following were submitted and [i}>proved : — *' The Snl)-(Jonnnittee a})}){)inted l)y a Resolve of the Executive Committee of the 2nd March instaiit, to consider the |)resent state ot public afi'airs in the colony, as connected with the objects of the Association, and to Report if it be expedient or necessary to adopt any, and what measures, in relation thereto, " REPORT : " That the Sub-Committee have thouglit it proper to confine their in([uiries into the state of public affairs as affecting the objects of the Association, and of the Petitionert^, to the principal events and pro- ceedings which have taken place since the Report submitted to the General fleeting of the 21st January last. " The then state of affairs as affecting the aforesaid objects, is detailed in the Report made to the General Annual Meeting of the 28th November, and in the said Report of the 21st January. " The subsequent events and proceedings whicli have a material bearing on the prospects of the peti- tioners, are : '^ 1st. The continued co-operation of a majority hi II H >} r ' ir h 288 m Chap, the House of Assembly of Upper Canada, in the views xxxvir. and objects entertained by the leaders of the ma- "TTC^ jority of French origin in Lower Canada. " 2nd. The declarations on the part of His Majes- ty's Government, contained in that part of the in- structions of the 17th of July, 1835, to the Royal Commissioners sent to this Province. " 3rd. The recent proceedings of the House of Assembly, and more particularly the refusal to vote the arrears due lor the last three years, for the sup- port of the civil government, and the administration of justice in this Province. " 4th. The proceedings of Constitutional meetings of the Petitioners throughout the Province. ^' Your Committee are aware, that for some years past there has been an active comnmnication be- tween some of the leading members of the Upper Canada and Lower Canada Houses of Assembly, par- ticularly since the general election of 1834. It has been endeavoured to extend these connaunications to all the North American colonies, by means of hired agents, recently paid out of monies advanced for the contingencies of the Low^er Canada Assembly, resi- dent in London, and no pains have been spared by these agents to produce a combined action in all the Provinces, to enable the leading members of the Assemblies to remove all checks to their arbitrary and exclusive control within the colonies, and to repudiate the just, necessary, and lawful authority of . the King, which is indispensable to the connection of the colonies with the Empire, and for ensuring peace and justice, and equal protection to all His Majesty's subjects residing in the said colonies, or resorting thereto, "It is only in L^^pper Canada that this combination has hitherto obtained any decided success ; and in that Province it only became apparent at the session of the Assembly, last spring, more by the manage- ic views the ma- s Majes- the in- e Royal louse of [ to vote the sup- listration meetings me years ition be- le Upper ibly, par- . It has nications s of hired d for the )lv, resi- lared by in all the s of the arbitrary and to iiority of innection [ensuring all His Miies, or ibination and in le session inanage- >». R>. 289 ment of those connected with the Lower Canada c^if^^r^ leaders, tlian bv any expressed declaration of the xxxvn. Upper Canada Assemblv. v— >-^ " At the session of the Upper Canada Legislature, Avhicli opened on the 13th January list, the co- operation before refe»'red to became decided. It will be recollected that, shortly after the opening of the Lower Canada Assembly, on the 27th C>ctober last, and previous to the o])ening of the session in Upper Canada, two persons intimately connected with the Upper Canada leaders, visited Quebec, and had fre- quent communications with the leading members of the Lower Canada Assembly, when the course to be followed in Upper Canada was probably settled. '■ This co-operation of the leaders in the Assem- blies in the two Provinces, for objects which evi- dently have a tendency to the attainment of power and emolument for themselves and associates, has been promoted by the indecision of the British Gov- ernment during several years, on the attempts made in Lower Canada to obtain from the British Parlia- ment, the subversion of the established Constitution, which is the same in both Provinces, b} the abuses v/hicli had grown uj) in some departments of the Local Government, and by the encouragement of final success held out to the parties in Lower Canada, by their hired agents and others, in Enghmd. There is, however, reason to believe, that the majority of the inhabitants of Upper Canada, sincerely attached to the countries of their birth, or of their ancestors, and satisfied with the libera! views of the British Government as again made public, will repudiate the unnatural connection into which some of their repre- sentatives have entered, and discountenazice the en- croachments on the authority of His Majesty and the British Empire, which originated not with the people of Lower Canada, but with a few leaders in the House of Assembly. N §\ i -1; M 290 Chap. " Your Committee have seen, with pleasure, the xxxTii. declarations of His Majesty's Government contained ~r'^ in the despatch of the 17th July last, forming in- structions to the Royal Commissioners appointed for this Province, as communicated to the Legislature of Upper Canada, by the recently appointed Lieutenant Governor of that Province. " This despatch puts beyond a doubt the favorable decision of His Majesty's ministers on the following objects, prayed for by the petitioners for whom the Executive Committee of the Association has acted : " 1°. The independence of the Judges. "2". A Tribunal for the trial of Impeachments. *' 3". No modification of the Constitution of the Legislative Council, excepting such as may be * founded on the principles, and conceived in the spirit of the Constitutional statute now in force.' " 4°. The establishment of some adequate secu- rity against the evils which have resulted from the abusive exercise of the powers confided to the As- sembly over the public revenues. " 5". The retention in the hands of the Crown, of the exclusive management and disposal of the waste lands. " These, indeed, embrace the principal objects prayed for by the petitioners, excepting a better composition of the Executive Council — security for the appointment of fit persons as memb«?rs of the Legislative Council — a reform in the system of Judi- cature, and the administration of Justice, and a fair distribution of the representation throughout the Province, concerning all which the views of the British Government have not yet been made public. " Since the Report of the 21st January, the HoUvSe of Assembly of this Province has been actively en- gaged in the most extraordinary line of proceeding ever adopted in a British Province, professing alle- giance to the King. '^ t 291 ?, the tained ig in- ed for ;nre of tenant orable [owing m the cted : ments. of the ay be in the rcc' 3 secu- om the he As- jiown, of the |objects better •ity for of the If Judi- a fair lut the lof the pubhc. House ;ly en- [eeding alle- .. " It ha?5 rcfn.'^ed or ncu'lcctcd, for severrl years past, to provide a irihunal ior ibi' lri;il of impeacli- lULMits. In the 1'2 Kesoliilions of llie lilst February, ]^5-U, wliieii it has eoiiHriiied at every session siiiee, it (leeiarod ' Jlis ?dajestv\s odieers, bolh civil and military, a eoiii!)iiied faction, indnced bv interest alone to contend tor the support of a jj^ovcrnment inimical to the riji;]its, and op])osed to the wishes of the peo])le.' (Vide oOth and olst riesoliitions.) That J-57 of the oHieers of the civil iroveruiiicnt were ' appju'cntly of . British or foreii^Mi ori.>;in,' and only 47 of' IVeueh oriL!;in ;' and that of the Jnd;^'es in the three great Districts, only one in each was of ^French ori^j^in.' (X'ide Toth and 7(3th Resolutions.) At this session it has coinnieneed or renewed accusations against four of the seven Jndpces of ' Jh'itish origin,' and agai'ist two members of the Legislative Council holding (;fficcs under the Crown, two k^heritis, (nie Coroner, one CMerk of the Peace, and several others, examining such witnesses, and calling for such docu- ments as the accusers chose to bring forward Ijcfore Committees named by the Assembly, without any one on the part of the accused to cioss-examine such witnesses, or call other witnes>es, or evidence ; and Avithout hearing the }>arties, the Assembly, after the most violent a]>peals to ])assion and ]>rejiidice from some of its members, has pronounced all those whose cases haye heretofore come iJcfore it, //'c/%, and ad- dressed the CTOvernor for their remoya! from office. '' It can hardly be presumed that the Assembly itself expects that any Governor, conmiissioned by the King, will comply with such Addresses. Great and certain evil is, howeyer, efVected by these pro- ceedings. No administration of justice, no officer of government, howeyer pure, al)le and faithful, could stand against such a system of public calumny, under colour of judicial proceedings, and the appearance of a legal sanction. All these accusations are not only Cliap. XX MI. 1830. 11 B \M m w 3S f , 292 Chap, spread tlirouuhout the Province, and in the adjoin- XXXVII. inj;- eolonies and country, ui newspaper reports ot" the ^T'TIT' debates in tlie Assembly, but the lleports whereon these Atldresses are Ibunded, are to be torwarded to the salaried Auent of the Assemlilv, and liis assist- ants in England, to be used in i*arlianient, and through the press, as documents having a like weight, and entitled to similar credit as lieports of the House of Commons. " It matters little what niav he the intentions of the movers in these proceedings ; the eiiect is to hring, if possible, the British Government and the administration of justice in the colony into contempt; to alienate the aifections of the subject from His Majesty, weaken his allegiance, and undermine Bri- tish connection, which of late the leaders in that body have aifected to cherish. " That any government should exist in a British colony, which v/ould countenance, or suffer such proceedingr to be perseveringly resorted to, is indeed a grievance of which every peaceable and loyal sub- ject is justly entitled to complain, liowever desirous he may he to see ahuses eradicated. "The effect on the achninistration of justice, and the due execution of the duties of public officers, is pecidiarly alarming. Jleduced to a state of extreme distress, from the withholding their just dues by the Assembly, accusations publicly invited, encouraged and rewarded, there are few men who possess a suf- ficient degree oi' moral courage to resist the tempta- tion of yielding a corrupt compliance to those who may be their accusers or judges, in the hope of escaping the torture and ruin which has visited or threatened so many of their colleaoiues. " On the 9th November last, His Excellency Lord Gosford, Governor in Chief, transmitted a message to the Assembly, witli a statement of the arrears due for the service of tlie civil government on the 10th I ; 293 :\djoin- oV tile licreoii drd to assist- t, and vciglit, House ions of t is to id t]}e tempt : 111 His le Bri- ll that 'ritisti r SLicli udeed li sub- sirous , and |ers, is trcnie )V the I. Iiraged ■d sni- nipta- ' who pc of ed or Lord ['.ge to due 10th i imQ. Octohcr prccedinp:, arnonntino: to £1 85,01 7 Ds. lOd. chap. sterling, expressing- his c(jniidence ' That tiie JlousexxxviL of Assembly will see the neeessity of ])roeeeding, without delay, to a consideration of this })i;rt of the ])ubrie aeeonnts." The amount of the arrears in- eludes i'-JOjOlU 4s. 2d. sterling, advanced h'oni the military chest in payn.ient cf ])art of these arrears. This was followed the same day by an Address from the Assembly for an advance ot' £'22.000, nominally to pay arrears due, and towards deliaying the con- tingent expenses of the House for the present session, i:10,l>20 of which arrears were included in the general amount of the arrears above mentioned of £l8o,<)]7 9s. lOd. The whole amount prayed for by the Assembly, viz., ,£22,000, was advanced by His Excellency on the lltli November. " The oreneral statement of arrears was referred l)y the Assembly to the Standing Committee of rublic Accounts, on the 9th November, which, (m the Otli January, re])orted. This Report was finally referred to a Committee of the whole House, on the state of the Province, for the lltli February, on which day a call of the House was ordered. On tlie 28rd of February a motion to vote the arrears was ne";atiyed in Committee of the \V hole : yeas ol, nays 42, and the House proceeded to vote half a year's salary to the Governor, Judges and Pu])lic Ofhcers, and De- partments, &c., Ironi loth January, ISoG, to l-jth July, on the estimate submitted by the Governor for the year, from the lOth October, i8-:^5, to 10th Octo- her, 18-iO, leaving out several salaries heretofore sanctioned by the Legislature, and imposing condi- tions never before so sanctioned. " AVith respect to the arrears, and the sup]:)ly for the current year, thus reiused to be voted by the Asseml)ly, His Excellency expresses himself in the speech from the Thrcme at the opening of the session on the 27th October, as follows : ' I earnestly request ■fr i? i. 1 .'., : I I ( 294 ii m i Chap, y^^^ t^^ P''^-^'^ such votes as affect the liquidation of xxxvn. these arrears, and provide for tiie rtiMiiitei..mee of tiie ])ul)iic servants, pcndinj:; the en(|uiry of the (.'oniinis- 183ti. SIOl icrs, to whieh I have iillnded. Should vou place th d to le government ui this position, I am {jutnonzec engapje that no part of the surphis proceeds of tlie Crown revenue, wliieli niav accrue, heyond tlie charges to wliich tliev are at present permanently liable, shall, in the interval of the Commissioners' iiHjuiry, be applied t o any purpose u hate ver, unless Avith your consent.' With regard to the X'80,ol9 4s. 2d., advanced from the military chest, under tlic sanction of His Majesty's Government, to meet the pressing exigencies of the public service, His Excel- lency says, ' His ^[ajesty ho|)es that an issue made in reliance on the just and liberal feelings of the House of Assembly, and designed ibr no other pur- poses, than to prevent a highly inconvenient inter- ru})tion of the general business of tlie Province, ^vill be cheerfully paid.' " After such declarations on the part of the Crown, and after the rece])rion tliey liave received on the part of the Assembiy, yeur Committee presume that no British Ministrv can be so vvantino; to the dignitv of the Crown as to submit to further lunniliation ; and that the offer of ij-ivino- nn the hereditary revenue of the Crown in this Province, in consideration of an adequate civil list, must bo withdrawn, as entirely hopeless. The Britisli Covernment is indeed put to the option of abandoning all pretensions on the part of the CnAvn to its lawful authority in the Province, or to provide for the payment of its officers, indis- pensable to the administration of the civil govern- ment within the Province. '" The injustice and distress to the parties imme- diately concerned, the decrease of employment to the industrious classes, from the non -payment of ad- vances, the discontinuance of public works and im- If tmm ^ynl I 1836. L95 provements, the want of confidence and insecurity chap. resulting from the inefficiency of government, occa- xxxvii. sioncd by tlie withholding of the salaries of the Judges and Pujjlic Officers, as already set forth in the petitions presented at the last session of the Imperial Parliament, are now increased and more severely felt. " This grievance is indeed become intolerable, and amounts ahnost to the withdrawal of the King's pro- tection from his loyal subjects in the colony, which is justly to be deprecated by all, as the forerunner of anarchy and bloodshed. " In this point of view, increased watchfulness, activity and union, are more necessary than ever, among all those who are determined to maintain the public peace and their connexion with the countries of their forefathers, together with that freedom and security which they have formerly enjoyed in this portion of the King's dominions. " It has been with t^^e utmost astonishment that, iji c, printed paper, purporting to be an Address from the House of Assembly of Lower Canada, to His Majest}^ and the two Houses of the Imperial Parlia- ment of Great Britain and Ireland, your Committee have read J amongst many other false and injurious assertions, a paragraph, of which the following is an extract : * We have at least tiie satisfaction of seeing that the inhabitants of this Province, of everv creed, and of evpry origin, are satisfied with the share they have in the provincial representation, and that our fellow-subjects, of the less numerous origin in parti- cular, acknowledge the spirit of justice and brotherly love with which we have endeavoured to ensure to all the inhabitants of the country, a participation in its political and natural advantages. We perceive in this happy union another guarantee of good gov- ernment, and an antidote against the vicious policy which it is sought to support by unjust distinctions.* (:! i: fl II i ! 296 Chap. That any number o^men should publicly assert, and Mxvii. transmit to the highest authority of the Eni])ire, '"J'^^fT"' allegations so false and unfounded, and in direct contradiction to the petitions of twenty thousantl men, equal lo one-fourth of the greatest number of names affixed to any petitions transmitted from this country to England, a number, in fact, representing nearly the entire body of the inhabitants of this Pro- vince, who are not of French origin, shews a reckless- ness of charc»cter, and wickedness of purpose, which could hardly be believed to exist in any country where it is not known by melancholy experience. *' The inhabitants of this Province, of every creed and of every origin, arc not satisfied with the share they have in the representation ; those of the less numerous origin, in particular, do 7iot acknowledge a spirit of justice and brotherly love on the part of the majority in the House of Assembly ; they deny that this majority has endeavoured to secure to all the inhabitants of the country a participation in its poli- tical and natural advantages; they have in every County of the Province, publicly proclaimed tliese truths, and every day's experience proves that they have no umon to expect from the leaders of the As- sembly, but an abject submission to their will ; no government, but that of tyranny, proscription and spoliation. *' If any thing w^ere wanting to show the spirit of justice and brotherly love which these leaders en- tertain for iheir fellow-subjecls, designated in the 92 resolutions as ' of British or foreign origin,' it may be found in these resolutions themselves, and in the address of their principal author to the electors of the West Ward of Montreal, after the last general elec- tion. It may be found in the fact that, forming at least one-fourth of the population of the Province, and contributing much more than a proportionate share towards the public burthens, they have only % -'■^v • JitnmMiimi, 297 ; no and rit of en- the may 1 the the elec- g at nee, nate only 14 monibors of thoh* clioicc out of 8S ; and if their Chap, opiuh)!! is i() h? jiidn-C'd ol' by the votc>s of tlu'ir rcprc- xx^vir. j«..'nlulivL's, tonoi'tlic 1! nre to be lou"d in <»PI'osi- "T^^ tion to the 1m{ iich ori'iiii niiiiorilv in ahiiost cvcrv division recoiiled in the .louruals of llio House of Assciiiljlv. Evcrv i)(>Htit'al measure or mcju^ures to improve the uiitural advantjiges of :he rrovince coin- ing from tlie majority of tiie ii;hi»bilants of ibe ' less numerous oriu;' i/ is voted dov\'u bv the maioritv of Frcueh oriiiiu ioiucd bv those members ^vitl) Ku<;iis]i names, wlio arc elected by a ]''rench majority, and hold their seats at the nod of the French leaders. in every contestcil election, a reference to the poU- bo(>ks will show how completelv the votes of the ' less numerous ori^.^in' have been nullified by those of the more mnnerous orii';in, and how com])leteiy marked were these distincliop-^ which the leaders of .Vrencli origin had so })rofusely disseminaicd at the public exj)ense in the 92 resolutions. Had there been any chanp:e h\ the dispc^sition of the French leaders, tliey would not hiive renewed their adherence to these resolutions at every session since, and in the • Address before alluded to ; had they been disposed to do justice to the less numerous origins, they would lonir ago have taken into consideration the state of the representation, and passed a ])iil allowinfi; the population not of French origm a representation of their o^vn choice, at least proportionate to their whole po]mlation. " Your Committee cannot conceive a greater in- sult to the victims of an unjust exercise of powTr and political proscription, than to tell them that it proceeds from a spirit of justice and brotherly love. " Your Committee, however, trust that, on this head, as well as on others, the grievances complained of in the petitions to the King and Parliament will be listened to, and that the spirit which, for the second time, has rejected the liberal oft'ers and con- k2 1^ M' U M'm 1.^' 1836. 298 Chnp. c'lintory policy of the Britisli (Jovornmcnt, in pursuit xxxvii. (jf uiicoiilrollcd ])o^\('r over the* Kind's subjects in lliis Province, ^vill be fully apt "iuled, and relief and protection afl'orded, espee' jf they reniaiu true to tiienisc>lves, and do not relax in their exertions. "As connected with the })resent state of affair* and the objects ])ra\cd for, your Connnittee cannol refrain from referrinn; to the intense anxiety \hich j)revails ainonn- the ])elitioners tor the indepeiidenl administration of justice, assaiU'd ns it is by ])nrtv and prejudice, and the most unjust }md 'hellish feel- ings nnd ])assi()us, with luirdly any share in the re- presentation ; with a .liCj2;islative Council threatened in its independent existeiice, and but feebh> in its composition, an Executive, wliich ]ias yielded to the mandates of the Assembly, the ])etitioners have no adetpiate security for their liberties, lives and y)r()- perties but in the Courts of Justice, and if these were to become the timid and corrupt instruments, or be filled with the avowed j^artisans and co-opera- tors of a prejudiced and vindictive n;)*ional majority in the Assembly, as a late a]>jK)intment* gives rca^on to apprehend, this condition would be past endurance to men who hiivc been accustomed to value the liee- dom and security of their British ancestors more than their lives. "Your Committee, since the date of the last Eeport of the 21st January, have had occasion to o])serve, with great satisfaction, the constitutional meetings held in the Counties of Beaiice, Megantic, Drnm- m(md, Sherbrooke, Stanstead, Missisqoui, ]>eanhar- nois and the Two Mountains, and the 'J'own of Three Ivivers, and some other places. Their resoUuions all breathe a decided support of the Constitution and Laws, and a firm determination to maintain their allegiance to the Sovereign, their connexion with the * Probably Mr, Bedard's. in ])iirsiut il)jc('ls in 111(1 rt'licf niiiiii Inio crtions. of" atfjiirs 'e (.'aimoL ty \U\vh 'cpciidc'iii bv ]):irtv Ifisii f Ref- ill the rc- ircat(MU'(l l)lo in its \v(\ to tlio • have no and pro- l if these trnnients, o-opera- niaioritv s reason dnranee the liee- lore than it Keport observe, meetings , Drnm- 'eanliar- of Tliree Uions all ion and in their Avith the 1 1836. 299 Empire, and their rip;hts as freemen. In most of the chap. ])hiees of tliese nieetinjis Vi«»;iiunee Committees have xxxvii. jeen foriueil and tlie rejristration commeneed, and in some of tiieni, (U'ie<^ates have been named to the proposed general meeting. *' In most of the Wards in Qnebcc the registration has been ])romoted with the greatest zeal by the Vigihmee Committees elected at the ward meetings. In one ward alone npwards of five linndred names above 18 years of age have been enregistered, and your Conunittee conceive that it is of the highest importance, in the ])resent state of aft'airs, that the recommendations of the general meeting of the 21st January, should be carried into effect in each settle- ment in every County of the Province, and the regis- tration of all supporters of the King and Constitution completed. This is now become indispensable for the selection of delegates, truly repressing their sen- timents in the approaching gent/al meeting on the part of the petitioners throughout the Province. *' The Sub-Committee most respectfully report the following Resolutions for the consideration of the general meeting. All which is humbly submitted. '^ ResolveA \st. That we deeply regret that a ma- jority of the Assembly of Upper Canada should have been led by a combination of some members of that House, with certain leaders in the Lower Canada Assembly, to co-operate in their unjust, prejudiced, and oppressive views against the population of Lower Canada, which they have qualified as of * British or Foreign origin,' in the 92 resolutions of the 24th February, 1834, renew^ed at each session since that date. " 2°. That we entertain a confident hope that our brethren of L^pper Canada, true to their Sove- reign, attached to the countries of their forefathers, and satisfied with the just and benevolent views of the British Government, recently made public, will .1 I i ti r Mf, *i..' !l-, m ! i\ ' 'M I If I- :< 800 Chap Avitlidraw tlioir conrukiicc from men who liave lluis *f-^^"- prostilutud their trust as representatives, to enter 1836. 'i^to combinations against the Consiiiution of the (Janadas, as by law established, an(i aid in arresting tlie progress of improvement, destroyin;;; the trade of the eonntry, and weakening the ties whieli eonnect us with the liritish Km])ire. " «>". Tliat we feel grateful f )r the expression of the views of His Majesty's Government in En«:;hnid, as contained in the instrnetions to the lioyal Com- missioners, dated tlie 17th Jnly, 1835, and laid be- fore the Ui>pcr Canada Legislatnre by >Sir Francis Bond Head, Lientenant (Jovernor of that rrovincc. " 4^ Thj't the recent ])roccedinjrs of the Assem- bly of this Ftovince, in a session which lias now lasted more than fi)nr months, in occupying; themselves with Bills lieretofbre deservedly rejected, lost or amended in tlic Legislative Council, in the renewal of hiws expired by their own desertion of their posts at the 1p t session, or in vain and anti-Constitutional projects and abortive measures ; neglecting or coun- teracting beneficial improvements, and to co-operate with the other branches for the remedy of abuses ; in spreading national prejudices, individual abuse, calumny and ill-will ; and in vindictive, partial, and arbitrary proceedings against judges and public offi- cers ; in the refusal of the just dues retained from the judges and public officers and departments for several years past, and in the lavish and unchecked expenditure of public money, have given additional proofs of the truth of the complaints contained in our petitions to His Majesty and both Houses of the Im- perial Parliament, and new ground for claiming effectual and immediate relief from our present suf- ferings. ** S*'. That the following paragraph, among others of aUke character, contained in a printed paper, pub- lished by order of the House of Assembly and addressed ivc thus to tiller [ o\' the irreslnijjj trade of eonncet ission of Mijrlaiul, al Corn- laid be- Franeis oviiice. Assem- \v lasted Miiselves lost or renewal pir posts tutional )r coun- operate abuses ; abuse, a), and lie offi- d from nts for hecked Htional in our e Ini- laiming bt suf- others •, pub- ressed 801 to both TTouses of Parlini.irnt, viz. : * "We have n( leaf^t (;•],„„ the satistaetiDii of seeiii); that the iiiliabilants of thisxxxvn. ]'rovince, of ev(>rv ereed and of evcrv orihare thev have in the I'rovinelal rejjreseiitjition, and that our tello\v-snl)jects of ilu; less nnnjerons origin, in j)artieular, aekn()\vle(l;.',e the spirit of jnstiee and brolheiiv love with wliieh \\c have endeavoin'ed to ensure to ail the inhabitants of tlie eouutry, a partieipation in its political and natural advanta«j;es. AVe pereeive in this happy union an- otlier guarantee of jrocui government, and an antidote a'j;ainst the tortuous ])oliey whieh it is soujiht to sup- ])()rt by unjust distinetions,"' — is a (larinj;- violation of truth against whieh we now protest; an insult to the hi|i;h authority of the IJritish ParliauK lit and to the jH'opIo of (jireat Britain and Ireland, who are thus attempted to be im))()sed upon ; and, as far as res])eels cat least one-fourth of the ])eople of this J'rovinee, whom the said Assembly have (jualified asof ^ lirilish or Foreijjju origin,' adding- insult to injury. "0°. 'J'hat we eontinue to mue on Jlis ^faiestY's Government, our just right to a full and fair reform in the representation in the Provineial Assembly, from whieh, constituted as it now is, we ean expect neither justice nor benefit, but umnixed evil and injury, placing us, and the most in(histrious classes throughout the Province, in a worse situation than if there were no representative Assembly. "7°. That we have seen with great alarm, tlie attempts recently made to extend to the Court of jvinc-'s Bench, and Ilis Maiestv's Courts of Justice in this Province, the spirit which has been exhibited ill the Committees of the House of Assembly, and to bring the administratum of justice more in the de- pendency of that House, and to a partieipsition in the eliaracter and l''":clina;3 of its ruling members. " 8°. That wliile we assert our opinions with that freedom which belongs to British subjects, and firmly 'I t f !i i ' t i Chap. 1836. 302 maintain our Constitutional riglits, we will never be XXXVII. wanting in due resj)ect to tlie authorities derived from our Sovereign ; and we now express our gratitude to the Legislative Councillors, who, in discharge of their oblijji-ations to the Crown and the countrv, have sac- rificed their personal case and interests in attending during the present prolonged session of the Provincial Legislature, maintaining the independence of the Council, resisting encroachments on the rights of the subject, and sup])orting the Constitution as estab- lished by law. That we are equally grateful to those members of the Iiv)usc of Assemblv who have at- tended in their places during the present session, and who ha^ c steadily divided against the anti-Con- stitutional measures and proceedings of the ' French origin' majority. " 9°. That we have observed with great satisfac- tion, the public meetings and proceedings of our brethren in various Counties of the Province, and in the adjoining parts of Upper Canada, and we renew our pledge of hearty co-operation with all of them, conformably to our original declaration in support of the King, the Constitution, and our connexion with the United Kingdom of Great Britain and Ireland. '•' 10". That the thanks of this meeting be given to the Vigilance Committees of Quebec, for their zealous and successful exertions, and we renew our earnest solicitations for the formation of Vigilance Committees in every settlement, and a speedy and general enregistration of all who support the King, the Constitution, and British freedom, to the end that they may be prepared, in time, to select dele- gates to the jH'oposed general meeting for every County in the Province." 303 icver be ved from titiidc to ? of their lave sac- ttcnding: rovjucial J of the its of the s estab- to those have at- session, nti-Con- ' French satisfac- of our , and in e renew )f them, Dport of on with eland. given JY their lew our ^ilance dy and King, he end t dele- every '* At a Special Meeting of the Executive Committee, chap. held at tlie Rooms of the Association, on Tuesdav, xxxvn. the Sth March, 183(3. V ' 1836. " A. Stuabt, Es([uirc, in the Cliair. " The foregoing Report and llcsohitions were read, and unanimously adopted, and ordered to be sub- milted to a general meeting, to be called for Friday, the 11th instant, at the xVlbion Hotel, at seven o'clock, P. :sL *' At a General Meeting of the Members of the Que- bec Constitutional Association, and the signers of the Petitions to His Maiestv and both Houses of the Imperial ParliamerU, presented at the last session, called by public advertisemciit, and held at the Albion Hotel, on Friday, the 11th March, 1836, ^'Andrew Stuart, Esquire, Chairman of the Asso- ciation, in the Chair. '' The Chairman submitted the foregoing Report, which was read by the Secretary, and on motion the same was received unanimouslv. '' And on motions made and seconded, the resolu- tions reported by the Committee were separately concurred in. " Resolved, That the foregoing Report and Reso- lutions be ])ublisbed in the Qachec Gazette and Quebec Mercuri/, under the authority of the Association, and authenticated by the signatures of the Chairman and Secretary, and that copies thereof be transmitted to the Constitutional Associations throuiihout the Pro- vince, and otherwise forwarded in such manner as may be deemed proper by the Executive Committee. *' Andrew Stuart, Chairman. R. H. Gairdner, Secretary.' J.'i <( jj 'l^ ^ — 304 It -■■i |!>1 iS'JG. Chap. Sir Jolm Coltiornc, after being relieved of the xxxvir. governineiit of Uppt^r Ciinada by ki^ir F. j">. Head, proeeeded to Montreal, which he reached on the liiul February, on his way to England rid Kew York. This n-entleniairs arrival at Montreal is thus notlccHJ in tiie 31oiil}raf JIiyd/iL of the ord Febrnarv : — '' Yesterday evening, between four ^nd five o'clock, Sir John Colborne, Ladv (V)lborne, fauiilv and suite, arrived in this city. ^Jlie cavah'y troo[) Wiis out the greater portion of the day, and an innncnse lunnber of earioles driving to and fro expecting their arrival every moment. Owing, however, to the excessive cold and the imcertaintv of the time of their arrival, the citizeiis were prevented from testifying their respect and esteem. At every town and vilhige be- tween Toronto and this eity, all classes seemed aiixioiis to testiiv tiieir resiiect and esteem ibr ' the emigrant's friend, Sir John Colborne. The inhabitants of Cornwall and its vicinity, ever conspicuous for their loyalty, did not on this occasion shrink from expres- sing their feelings and opinions. On Satur(hiy even- ing, betw^een forty and fiftv earioles met Sir John about twelve miles above that town, when the band which accompanied them played the airs of Miod Save the King,' ' Kule Britannia,' and ' See the Con- quering Hero Comes.' He w-as then escorted to the hotel,where he remained until Zvlonday morning, when an Address, numerously signed, was preseiited to him, to wdiich he returned such an answer as might have been expected from such a man. About the same number of earioles escorted him from (Ann wall, when they w^erc joined at Lancaster by tis many more, aecompcinied with banners and pipers. The Union Jack, that ' meteor Hag of England,' which we hope w^ill long w^ave triumphant in Canada, headed the procession, and others, bearing such appropriate mottoes as ' Colborne and the Constitution,' and ' The Constitution will be upheld,' added to the aniiration ■■ S-i.,: 805 of tr.e . llcr.<(, ihc '2m\ V York, noticed o'clock, id suite, out the mimbcr arrival vccssive arrival, g their tige hc- tinxioiis ii>TaMt'v«i Pints of )r tlicir xpres- evcn- John band ' (Tod e Con- to the wlien ted to miuht p same v.hen more, rnioii hope d the )riatc ' The ation of the scene. Tlie Higlilanders also presented an ch.ip. Addresy,to wiiich Sir John replied. The Indians, at xxxvii. St. Regis, fired otf a salntc as he passed, ^fhe whole "TTJ^ procession, consisting of about one hundred carioles, went so far as the iVovince line, when three cheers were given for Sir John and the Constitution. Not- withstanding the unfavorable state of the weather, a number of gentlemen accon.panied Sir John from Cornwall to Montreal. Virtue has indeed its own reward, and it nuist be truly gratifying to the dis- tinguished individual who, yesterday arrived among us, to receive expressions of feeling so well deserved and so honorable to those who have made them." IMPORTS OF LOWER CANADA. From Great Britain, Irelaud, Jersey, ,> Gibraltar, France, Spain Portugal, iloliand, Belgium, &c., British K A. Colonies, British West Indies, . . Unitt d States, Other Places, m > Tons. 779 249845 168 47264 At Gaspe, isew Carlisle,. 1 5 9 1 n O O 7 169 40 24 4 1212 47 38 Total, 1297 220 58?, 21508 195 498 545 1922 17264 5825 6507 1257 Men. Value 2^ per cent Goods. 834209 6700 5561 10746' 2071 1 12 at 81 10 26 25 84 885 803 273 54 .8292 81 4 26 1? 14 21 40 51 96 6 13 (j 1 o c r 10 5 6 431 19 4 48 61 5 98 4 24 5 )5552 4913 102 4140 1426 1600 18 1 88572 9I 195026 10464 145541 1349789 4 6 556818 8711 289 7064 3558 567426 0: 346470! 15214; 567430 £1917165 4 6 Strg. lA 806 i\ I m I U 1 im l'^ Chap XXXVII 1836. Le OniFN d'or. — The has ?v7?V/ representing^ a f^olden dogf^naw- iui; his Ixme ov^;v tlic tVont door of the ohi stone house, known as *" Free Mason's ilall,' now in part occupied ))y the Post Ofiiec, ia f)ii:ide Street, near tlie steps. Icadin;; IVoui the Tpper Town tlirough Pi'csoott diiU'. t(» tlie Lower Town of Quebec, has ^iven rise to a multitude of fanciful eonjijetures as to its orijjin. The house, it wouhl sccni, was huiit in 17;>(5, by a Monsieur J'hilii)ert, u luoreliaut of (iuebec. The inseriptiou under the lii^ure is in old, or according to modern ortho!j;ra})hy, l)ad Frcncli. Having very recently inspect- ed. I find it to be r^rhaiitn an literatim as follows. I have been partieular in this, believing it of importance to arclifcologists. " JE Svis vx CiiiEN qvi Ronge Lo " EN LE ROVGEAXT JE PREN'D MO>f EEPOS " V\ TKMS VIENDRA qYI NEST PAS VEN'V " qVE JE MOnDERAV qVI MAVRA MORDV. 173G. " Various versions, all for the most part fabulous, liave been given to the world of the origin of this legentl, from that of Captain Knox, who was iu the ai'iuy, and present at the conquest of Can- ada, to those of Messrs. Bourne, Hawkins, Lieut. Colonel Cockburn, K. A., and more rec iitly a Canadian gentleman, writing in French, under the signature A. S. S., (suppos.'d to be the late Mr. Soulard, an Advocate of this City,) in " Le Canadiex." Lieut. Col. Cock- burn tells the story thus: " Passing between the Post Office :ind the Book-store of Messrs. "Thomas Cary «t Co., to the Lower Tow -, the stranger cannot •' helf) noticing a gold dog over the door of the latter establishment. "The following curious history attaches to this dog;" "The hou.H- was l)uilt by Mons. Phiiibert, a merchant, residing " in Q.uebee in the time (.f Mr. Bigot, the last lutendant under the " French Gt)vernment, and whose th'aft up.'U the Ti'casury for the " expcnsijs of this C/'.iuntry were so en<")rmou.^ that, one of the "Queens of that kingdom archly inquired — 'whether the walls of " Quebec were built of gold ?" But to reVurn to the story of the " Clncn. dor, Mr. Philibei't and the I'tendant were o:, u.id terms; "but under the system then existing, the merchant knew that it "was in vain for him to seek redi'css in the colony, and determin- "ing at some future period to prove his complaint in France, he "contented himself w^ith ])lncing the figure of a sleeping dog in "front of his house, with tiie follc)wing lines beneath it. in allusion "to his situation wiUi his powerful enemy. (As above.) " This llegorical language was, however, too plain for Mr. Bigot "to uiisuuderstand it. A man so poweiful ef.sily found au iustru- ' 'A 807 den dog^a-w- )iise, known as Post Ofiioc, ia Town through t,'ivon i'is»> to a The house, it vt, a nierchiiut I, Of acoordiriij ceiitly inspect- I have been Bologists. "ment to nvenci^e the insult, and INfr. .......v.. .v.^...^ .... ,..,. " reward of his verse, tlie sword of an ntru'ei'uf tlio gari isi^n throu'^di ^""^P- re been given t of Captain lucst of Cau- el Cockburn, ^ in French, Mr. Soulard, Col. Cock- e of Messrs. nger cannot ablishmeut. nt, residing It under the ury for the one of the the walls of ory of tlio I iHcl terms ; new that it 1 deteruiin- France, lie ping (log in in allusion ) r Mr. Bigot aa instru- ct 183G. Pliilihort reeoived nP thn le sword (if an ntl' his l>.iC'ic, wlien desi-enJing the li;>w< r 'I'uv.ii hiil. x.xxvii. "The miurilerer was permitted t > leave the e tlony unmolested, '•and v.-as transferred t.t a regiment stationed in the Fast " Imlies. Tliitlier he was pursued by a brotlier of tiie (h^eeased "whohaii." A very pretty story, truly, of lioniicide and retributioti. but nn- eording to the researches of my friend Mr. .laccpics Viger. (from whosenianuscriptonthe subjectl take my information) lu-arly alto- gether fabulous. His inquiries establish (he fact that. .Mr. iS'icho- ias Jacquin Philibert did, unhappily, <>n the illst .January. 1748, ' ' ''•■■' ••■^'^■.^i «•'.'] ill !, sudden uuarrel the i:; ■t i ■ * lieplaced b;' Jlr. Dupuy in 1726. 806 ii V', juiiltitiule (if f.iiicitnl (.'oiijct'tiirt's as to its ori^^iu. The huiiso, it ■\vouI(J HOtmi, was htiiit in ITJJO, by {iM<»nsit'ui' lMiilil)evt, a morclumt of (Jui'In'f,'. The iiis(M'i|)ti(i)i under the litjiire is inoM, or iiecordiufj to mocU'in orthoi^'raphy, i)jul Fivnch. Haviui^ very recently inspect- ed, I find it to be v^rhalim etc literatim as foHows. I have boea particuhir in this, believing it of importance to archffiologiKsts. " JE Svis vx Chikx qvi Ronge Lo ^1 \ !,:■ " EN I.i: IIONOKANT JK PRKND MON RKP08 " VN TKMS VIF:NDUA qVI NEST PAS VENV " qVF, JE MOKDEUAY qVI MAVUA 3I0IIDV. 1*- o /» J> (Oil. Tarious versions, all for the most part fabulous, have been given to the world of tiio origin of this legend, fi-om that of Ca})tain Knox, Avho was in the army, and present at the conquest of Can- ada, to those of Messrs. }3ourne, Hawkins, Lieut. Colonel Cockburn, R. A., and moi-e recently a Canadian gentleman, writing in French, under the siguatuic A. S. S., (supjiosed to be the late Mr. Soulard, an Advocate of this City,) in " Le Canadien." Lieut. Col. Cock- burn tells the story thus: " Passing between the Post Office and the Book-store of Messrs. " Thomas Cary tt Co., to the Lower Town, the stranger cannot " help noticing a gold dog over the door of tht; latter establishment. "The folloAving curious history attaches to this dog: " "The house was built by Mons. Philibert, a merchant, residing "in Quebec in the time of Mr. Bigot, the last Tntendant under the " ]"'roneh Government, and w/>oso draft upon the Treasury for the " expenses of this Country were so enormous that, one of the "Queens of that kingdom archly inquired — 'whetlier the widla of ERRATA: I'lxge 801, 3r(l line from the bottom, for " 1848 " read " K4a." to iiusmiaerstand it. A man so powerful easily found an lustru- (Ion dog^rnaAv- Po.-i omec, ia Town tlifoui,'h L'ivcii I'iso to a The house, it vt, a luorc'liaut I, or according C'oiitly inspect- I have been eologists. 'e been given [t of Captain nest of Cau- el Cockburn, g in French, Mr. Soulard, Col. Cock- e of Messrs. nger cannot tablishment. .nt, residing il nnder the 3ury for tlie one of the tho Willi a nf 48" read "1745!." 1 aa iu.'jtru- V»r 807 " nienf to nven^e the insult, and M'r. Pliilihort received a? the " i-ew.ird 111' hi-, verse, the ••wnid ofan otlii'cr nf t he i,'ari i.-^un IhroiiLch "'^P* "Jii.>< liafk. when ih siH-ndiiiL: the li >\vc i' Towii iiill. x.\xvir. "'rh(! murderer was pcriiiitti'd t > leave the c )h>i'V unniole.stcd, ■""^''■'*~' ''and was traiisft'ric(l to a re;,diiu'iit stationed m the Hast '°<^"- "Indies. Tliither lie was pursiU'd by a brotht-r of tin' (h^eeased " wlio liad tirst SDiitrhr him in Canada, wiit-n he ; rrivcd here to ''settle his brotlit'i's affairs. 'I'he parti-'S. it is i-ehited. met in the " pijl)!ie strei'tof rondicherry, drew their swoimIs, and after so'me " (lonlHet the assassin met a more liorril)le t'ate than his crime "dcserveil, and died l)y tiie hand of his antai^nmist." .Mr. Hawkins, in hi.s " J^icittrr of Qu'lin- wif/i U/.^forlcul A'/rfVAr- Hoiin" fjives tlie following;- aeennnl : "Mr. i*lii!ibei-t, who resided '' in tiiis house, was a merchant of hiji:h distinction duritiLC tiie time " Avhen Mr. U'iidu Avas lnteiuhu)t of New France. 'J'iie hilter " liad formerly been a merchant of liuuracau.\, and came to (^ue- " bee in ITl'J.* Dilfcrenccs oc urred liefwccn him and Mr. Fhili- " bert, over whom superior interest i.od j)ower gave Mr. Jjtr/oii " every advanta-^e. Unable to obtain I'cdresg. for his injuries real "or supjiosed, ^Ir. I'liilibert bittei-ly, althouLrh covei ly, expressed '• his sentiments un'Jei' the image of ihc c/iicn d'or to wliich lie "added the following inscription, tfec. "]SIr. y)V//o/(, determined on revenge'', and ]Mr. Diilibert deseend- " ing the L'lWer Town hill, reeeived the sword of Mi', de I\., a "French dflicer of the garrisnn, through tlie body. The perpetra- " tor of this murd''r made his escap<', and lej't the Province, but " the crinic Avas too atrocious to be foriri veil. The brother of Mr. " Philibei't came to Quebec to settle the estate, witii a full deter- ^ "mination of taking pei'sonal vengeance on the assas-in. Sn do- '• termined was he to e.vecute this part of liis mission, that, having "ascertained that iMr. De R. liad gone ro the East Indies, ho jnir- " sued him thither. They met in a street of Pondieherry — cn- " gaged on the spot, and the assassin fell mortally wounded, "under the hand of the avenger. The ^C/iini ,/'or' remains to " perpetuate this tale of l)loodslied and retiibulion." A very pretty story, truly, of hitmicide and rct'.ibulion, but no- cording to the researches of my friend Mr. Jacques Vij^er. (from whose manuscripton the sid)jcct 1 take my infirmation) nearly alto- gether fabulous, llis iiupiiiies establish the fact that, .Mr. IS'ieho- ias Jacquin Philibert did. unhappily, on the 21st January. 1748, die of a sword wound he liad I'ceeivcd in a sudden Cjuarrel the previous day at the hantl of a Mr. Pierre, J. B. F. X. Legai\leur de llep*'nti!^iiy, a Lieutenant in the French arniv, born at Montrea', 24 May, 17l'.>, and son of Mr. J. B. Legardeur de Repentigny, who died there in 1741 ; but that with this quairel and homicide, neither Mr. Begon. who lelt the caintry in 1T2('), nor Mr. Bigot, who diil not come to it before 8r-ptemher, 18 tS. had. nor possibly couM have anything to do. The cause of ([ii irrel and whole matter, arc eieaiiy and satisfactoiily explained by Mr. ^'iger tlirough * lieplaced by Mr. Dupuy in 1726. •Ml I ! 808 official and incontestible documents, and judioinl records still ex- Chap. \nut and that ]»nivt'lhp story in so iur as Mr. 15ci,'i)n an 1 Mr. Hiirnt XXXVII. ,,,.,, ouiiuoiued to Ije ubsolutclv u t'.ihlc. and wliollv with ut I'oundu- 1836. lion. The Rc'/ixiiM'B nf tlif Parish of (^uohoc, ucfordin^ to Mr. A'igcr, prove thai ihe family <>f ]i(tcur(h'ui' do li<'|nMiti^ny were in the ('nnntrv so early as l(io7; niid those of liie Sii.ierior Council in like manner pr(»vo that thi' lirst Mayor ol (^m Ix'e was a Mr. .J. li. JiCijarih'ur de Il('|K'iili'.,'i)y, eleetcd 1o tliat ])( st hy an assondily of citizens, held 7th () exasper- ated Philibert. that after nsingmuch violent langnage to ile Kepen- tigny, he struck luin with a walking stick he had in his hand, whereupon the latter in a transport of rage dr<'W his swo]' exjit^per- de 11 ("pen - " hi,-4 Jmnd, > sword and lO following iittests, Mr. "M, '• The 1 neatly eau ),ea)-s after- oceui-rence, the winter >/.s' Pinfofes therifc to eneh King, rdon were to (-ai)ada. <' not tinal. ') enrc.'jfis- lon whieli couiirnied ' i' and cnr.'gisti'rt'il hcfore the projxM* tribmial there. Tlicn. an i iMt till i1m!i tlu'V weie linal. All thi.-, il aj)])<'arf», was donu witli respect t(j ^Ir. dt- ]{cptiitigi»y who, in e Miseciuenco of it, was fully al)si)lved, a.-) Mr. \ i;^v the LTenlle- men I lia\e ineiitiom-d. Ihit Mr. N'iger does not stop here. Conrinuing his iiKpiirieji with eharael.i i.stie aeumeu, he proves by extra'ls from i'ailsh re^cislers, that the same Mi- tie IJe- C.'iitigny Was, on the ',WX\\ January. 17.');), nnirried, at Montreal, to enioiselle v'atherinti Arehiuige I'ayeii de Xoy;in, at whieh time he was :jj. v eartj of a^'e, and a Captninof Inf.uitrv — lh:il his lirsL chdd (I'lerre) wivi baptised therc'. 1 1th Deeemln :•. I'TTi:; — the se- eontl (\'iet»:iie Cath< line) Hist January, 1755 — ai.d linally that, so l;;te as ISth Novemlx'i'. 175('i, (eight years and ten monLli.s after Mr. riiilihert's d'-;eea>e.) his third ehild (a girl) died, at which time he was still alise. Mr. Niger, by i-till fnither reseai'ehes, BubsiMpient. lo the ab >ve. when he Utst -ight of Mr. I'ier.'e de lie- pentigny. again linds him honorably engaged in the batth- of the L'Sth A])ril, 17(jO, on the plains of Abraham, where it is saiil, by a genci'al order, or some i)ublio notiee of the action, " the battalion "of the Civv <.>f Montreal, under Mr. de Kepentitiuv, served with "the same coura:;'*; as the regular troops. The .same pi'aise is due "to the greater pai't of the Canadians." lie was idso at the Foi't of Jaeques ('artier in May fiJ.l ^wing, 1,'ut what afterward.-; became of him. Mr \iger has not been able to learn. Mr. Louis de Repentii/ny, a younger brother of this gentleman, went, it also appears, with the French army, after the eoiupiest, to France. Avhence he was sent as Governor-in-Chief to Senegal, on the coast of AtViea, where, after remaining some time he returned to France, and died at Paris, (Uh October, 17f^0, not of a violent death, but of a long and lingering illness, making his Avill the ith of that month, before Mr. ijormant. a Public Notary of that City. This gentleman was married at Quebec, L'nth A[>ril, 1751, to Demoiselle Chossegros de Lery, by whom he had an only son, Louis O.isp.inl, l>orn at tiuebce, lOth July, 1758, and who di<;d at Point Petre (xuadaloupe, 2nd July, bSU8. Another account makes a duel take ])laee in France (Paris) between Mr. Pierre de Kepentigiiy, in 1750, anil ati only iron of Mr. Philibeit, whieh son Mr. Viger shews, liy the way, from the Pai'ish registers, of Quebec, to have been a danyhtir, Marie A?ine, the eldest of live children Philibeit. This tale also, Mr. Viger observes, is a mere i'abb — a dramatic incident, as devoid of truth as disgusting by it.s iuun(»rality, innsnmeh as at the moment when this supposed only son. that is to say, Marie Anne, the eldest daugliter of Mr. J. Philibert, left the country for France, in que.-t of the " axmaaht^ of his fiitlic, that same assassin "Was in Canada, persuaded that, as far as human laws could go, he wad absolved of homicide, aud that no oae oompon mentii could Chap. .\X.\V1I. 1830. ^■\', ■■ I !i!. ! XXXVII. 18;jg. 310 pi r.ny lt, lln' virtim hiid oii liis tU-alh \ud " ffCHcrnnstf/ forj/imi" him: 'Jml, A.'^ tlic widuw I'hilihcit hml Miriiillcil ti» jiisticf mnkr Iht h;tiui, ticit slic hail Ix'cn |i:iiit the (hmiam^ itiul civil iiitorosts allowctl her hv llu' lc;,'iil tiihnii.ilH, iiml IkkI ih» ^)|)IHl^'ilil'H to the fj ii/i' rhi'/ti' ii' ) j)a>siiii^ 'arKl fniiliiiiiai ii'H i.f tlu' Ictt^'is oi' {,'iiic't.' and |i!ii'dn)i hy tlw kiii;,': V.'.xi, As hr liud tho lotltTs ol'ii^rHco aiid pai'di'ii <;r»i:lt'd him, Uuly fiirc>;istor«'d aiul fi'iillriiu'd at l;i\v lurmc liii- j)r«>|)(r trihiiual »f l^uthrc, ul'tfi' (M»mj)lyii)i( Avilh all tho lu'fcss.iry ounditinns »jti])ulaicd in thoiu nci'diiliiii;^ t-> the hnvH of tho realm. Ill a U-Wrv dated at Moiitival, 1 Ith July, LSI'J, to Mr. Vij/cr, fi'oiii a -Ml". \'iit to this riMviiicf, on llH'ir ImsiiKis-., it i.s :?latod : — ** I alliim, in tin- nanio of 11k' heirs de 1{('| ('iilii:iiy. and you may witiioiil lear atViini it in tnrn. that iievoi' to our knowU-dirc ha.s a lo'imitiL^iiy liied slain in duel, or olherwi.o. by a l^hilibeit, or any ieiali(Ai or d«socndant of of the family." Mr. Vii^'er remarks — ''after the proof:* olitained of the existence of Mr. Pierre de Kepentij^niy, and of his uiiinteri'Upted j)ios('nce either ill Aeadle or in (,'aiiada fr^m IT IK tolTrjC),"' (and llienee to I7t'>"', as siihseipieiilly ascertained) " 1 may in otfict assert, without otfeiiee to our hold romancers, that no more than his brother Loui.'*, did ^fi-, I'ierre de licpeiili^niy fall in duel or other- wise, by any I'hilibcrt or dcscendent of that family at Paring more than at Poiidichrrrif, and thi.s, for tho sole and t^ood reason, that duriii!.,' all this time he had been at neither of these plac(s" ill". \'ijj;or has, theretore. completely (.leiuolishetl the Aviiolo fabrick of those fanciful Init false tales relalin;jf to tho Chun tl'or," perfectly expusinj^ their fallacy, and satislactorily explained the manner ami cause of 3Ir. i'hilil)crt's dc;ith, not I'V asNo.s.shiail'iii, accordiiii^ to one account, at tlu; instigation of Mr. iV'gon. who had loft the country long bt-tVu-o, anil to auotlier, of Mr. liigot, who hail noT yet corn^' to it — both rcs]>ectablc names, and not likely in those chivalrous tunes to bo instigators of such a crime, but by an unpremeditated hon.icide, arising out of a sudden quarrel, between that gentlem:in and Mr. rierre de Kepentiirny, who.-,iT(l and t^ifl.cc. ul'tcr il)Ucd ill tlioiu to Mr. \'iu'fj', till' Atlnniry !i ^i^it til tiiis . in tlif riiiiiio iir alliiiu it in ' dird siiiin in di'.. wlio liad l>i;^t, Mr, idle talcs bioii of the ' nienioiics xeniplifica- 3 of grnce vvliieli, the ; it; niu}'- e luw pro- I [Before the Superior Cuuncil at tiucbcc] Monday, 2i>th Si'iitmiWr, 17l\). Tlie CouiU'il uKSoniMi'd, in which Avere Mons. the (Jovernor Cicnerul, Moiirt. the Intcndant, M<'iis. A ai in, ('oniniissionci' of Nhii inc at Muiitrciil, dc Lal'oiitaiiic, {•]>tchc, (tanllifr, I'cillini"*, runn^cllor, Xoucht't, tlic Kinir's Attitrncy (Jencrid, and th.' Chief (ircflicr. To-dav, in the audi»iice of the (."oun<'ih tlie lictters of (iriico liavini; "i)ecn read, as ohlaincd \>y Ticrre Le'^'ui'deiir, Ks(|niie, Sieup liep('ntit;ny. Lieutenant of a Cojnpany of 'I'roops of the (h - taehtnent of the Ahii-ine, ke])t up foi- the l\intf's serviee in tins Country, si^neil " Louis," and eountcrsii^rned " par h: liny " " I'hilippeiiu" aud "visa J)a>4uesscaii," fir icini.-sion to I'ierre Lo Gardeur (U' Repentif,Miy, {jiveu ait Verrtailies, iji tliemunth of Apiil hist, and sealeil witli the threat seal of ;^i'een wax, witii I'.dd^ of eilk, who. unei communicated to the King's Attorney (jleneral, and copy given to the ]>arty civil, to furnisji means of opposition wiihin tlie (h'lay of the Ordinance, anevoBte being joined — the docket {6crou>z) of self-impiaon- Glmp. XXXV M, I !■ r' H :,. ■'■:; ft" i CI inn. 812 iiU'ni (if llic Hiiid Sii'iir uo iJi-iH'iili'Miv, in tin' iiriHoii of this citv >n XXWII tlif '_'S||i .Si'|tti'iul»«'r last — .\rr»t ui llii^ ( '.niiu'il. uf llu- 'J'.tili of Miid 2*^'"" iimiitli, ii|) oi'thiirii'il that thr said l«'tt<-i'H and iiifoi iiiati in |)<> (•v tlic ()rdinanc< — and that tin lid I Idle tit. J{epciiti-,'ny shall he heard ami inteiro<;atcd hy M. .laccpios La- foiit line, I'miiisi'llor, iiaim'd hy theroiiiieil C'oniniissioiier jjcporter, lip 111 the facts residtiiii^r iVom the .-aid h tt<'i's and iiil'oniiation, and to cause to ho ordained whatsoever tluTeiii may bo titling' — tin* iilteiiMt,'aioi V to him put the same 'JlMli of Se[»iemher hy Moiis. Lal'oiilaiiie. and lii.-^ ans\v« rs. eonfe^^iolls and denervations — the sij^- iiilieatioii the same day, niaile on the jietitioti of the said Siciir do l>i'peiiti!,f|iy to Dame \Vid"\v I'hilihert, as well he ha\i' !i;j;aliisl theiii — the certiticale of si^niti- ealioii, made the ;;oth of Sipt«'niher, at the reipiest of tlu' said Widow IMiiliherl to the said Sieiir de l\,epeiili;,'ny. Iiy tlic I5aililf 'I'hihault, siLfiied hy lu'i' and tlie s;iid Haililf, liy wliich sit(ni(ication she deelart's she has no {jfroimds of opposition to otfer aiTiiinst Ihe oi/rrinchinif of the said letters to lier siL^nilied, she liavintj heeii !)aid damair<'s and civil interests, which Justice had u'ranted her, eaviiii; it tor ihe rest to justice, on the >h(nvin<; of the said IctU'is, notwilhstandinj^ the dclav accorded hei- — conclusions of the Kini^'s Atlorn«\v Cleiieral of thethsl of the month — and heard and interro- gated the said Sieur ile Hcpi'ntiLjny on tlie case imposed on him in the said letters of the follow. ,„ tenor: — " L«)iis. hy the Oraee of (J xl, King of France and Navarro, to all present and to come, (Jreeting : — We have received the liumhic su[)[)Iication of the Sieur de Repeiitigny, Ijieuteiiant of the Troops, kepi up in our service in Canada, making profession (tf the catholic apostolic and lloman religion, setting foi-th that, liaving had a hilh't, the L'lith January, 17 tS, for his lodging in his aforesaid quality, at the resilience of Nieldres.sed himself to Philihert. and in a tone to give him to understand that lie would not be depiivcd of the lodging ho (Philihert) was bound to give him, adding, th ■' he wuib a nigaud (bimpleU)n) to cudeavour to procure the chaugo bo 313 )f this <'ity, nn i- 'J'.»ili of Miid Ictti'is ill tlu^ •»• ill |ii'vs»'iu'ti I'll aiitl oil liis iitrii'iiK'd that LIm' 1 1 iitli. iiinl it lllc ('i>llllfll })(' (•iiiiiiiiiiiii- iitid copicrt of I III riiit<'iidi'd to ndiii tli»* uii»'ii«iii»'HH lh«' hilh't Kavi; xxxvii. him, allowi'd him.si'lf t<> ho carrii'd away hy his triiipiM*. natiirully _^^-^. vioU'iit, and not Hitislifd with using to the nititionor the most iy;j(j. opprohrioiiHniid atroi-joiiM abuse, ^ .. tick him witli a cudgel ; that the petitioner, finding himself «o strnck, in the first movement, of wliich he \va« not the master, drew his Hword, and inude a thrust ut I'hilihert, who died of it Hhortly after, to thi' great regret of the petitioner; tliat. although this misfortmit! occiirnHl without any ftreiiuiditated design, and at a moment when the ptititioner had no onger the liberty of remaining without defenee, th<' Judges at Quebec had raised a procedure, by reason whereof he thought he tuight to be absent, and could not presume to present I'imHulf ■without previously obtaining our letters of grace, pardon and re- niission, which he humtily has prayed us to griuit him. For these causes — willing to prct'cr mercy to the rigour of the laws, by the advice of our Council, and of our Ape<;ial grace, full power and royal authority, we have to the said Sieur de Repentigny released, remitted and pardoned, anil by these presents, aigiied by ourhand, do release, remit and pardon the fact and ease, such as it is, herein above exposed, with all the pains, fines, and corporal liabilities, civil and criminal, which, bv reason thereof, he may have incurred towards us and justice, and extiuguisli all decrees, defaults, eon- tuiuacies, H<;nteuces, judgments and arrets that may have taken place against the petitioner. We place iuid restore him to his good fame and name, and to his nroperty not otherwise cuufisoated, fliitisfaction nuide to the party civil, if due and not done. Impose we also silence perpetmil as to this upon our Attori.ey General, his substitutes present and to come, and upon all others. Where- fore command we our loving and faithful subjects holding our Superior Council at Quebec, in the jurisiliction whereof the fact herein above mentioned occun-ed, that they cause these our present !• Iters of grace, pardon and remission to be enterinees, and of the contents thereof to cause the petitioner to enjoy fully, peace- ably and perpetually, discontinuing, !;nd causing to cease, all troubles and opposition to the contrr.ry, on the charge that he do present himself for the entirincment of the present within sir months, on pain of nullity ther^jof. For such is our p!>;a8ure, and to the end that it be a matter firm and stable for ever, we have annexed our seal hereunto. Given at Versailles, in the month of April, year of grace 1V49, and of our reign the thirty-fourth. Signed, ' Louis,' and on the fold, ' par le Roy, Philippeau, visa Daguesseau.' " Heard the report of Mons. Jacques Lafontaine, Counsellor, and the whole being considered, the Council has enterine the said letters of remission for the enjoyment thereof, to the effect and contents thereof, by the said Sieur de Repentigny, according to their form and tenor. II s- I « DeLAFONTAINE.- "BIGOT." ; I 314 # Chnp xx.vvi; 183(5. Mr. Vii^or, in conrraiding, rcmiii-Icg on the above, — "Here wo " iinally liiive obtained a perfect knowle !go of the following factf? .* \ " Ist. Tiiat the hns^ rdiif dn cJiicii d'nr ^vas n])cning of the navigation of the St. Luvvreuce, in 1836, were among the most back- ward on record, the ice jJO»^ at Quebec, which this time had formed itself in an unusually rough man- ner, ])eing constituted of broken and jammed masses thrown ii}) into hillocks, not breaking up until the Sill May.'^ An extraordinary quantity of snow had fallen in Lower Canada, and throughout the neigh- bouring States of Maine, Vermont, Massachusetts and New York. l^he Conunissioners, Sir Charles Grey and Sir George Gi}>ps, who had attended the Earl of Gosford from England, were, during the late winter, atten- tively engaged in the investigation of the serious matters to which their enquiries were directed by * In 1764 the river St. Lawrence was frozen over with smooth ice, and only went away on the 9th May. The same year tho Thames was frozen. (Quebec Gazette, Uth May, 1836.) i! ! !« 1! Ik i ■ H! m Jl* II ; 316 Chjip. the minister. Easy of access to all persons desirous xxxviiiof their acquaintance, freely mingling with the poll- "^[^J^ ticians of both parties, hearing their remonstrances, and receiving information from all who were dis- posed to commnmicate it, but cautious of imparting their own views to any, they were in fact popular with the country, though overlooked and slighted by the Assembly. Much was expected of them, but it could not be supposed that their Opinions would be- come known until officially reported to the govern- ment, and their discretion in this respect was uni- versally acknowledged, not the slightest hint having transpired through any one of them, or their attaches^ significant of the views they entertained of the vari- ous matters committed to their enquiry, until their Reports were laid before the Imperial Parliament* The Secretary to the Connnission, Mr. T. Fred. Elliot, had been an official in the Colonial Office, and by that means had become well acquainted with the affairs of the Province. He was, besides, generally acknowledged to be a man of business and talents, as well as tact, and on the wiiole very proper for the duties he had to perform under the Commissioners. The Executive Committee of the Constitutional Association at Quebec, recommended by a resolution, (of which public notice, early in May, was given in the newspapers,) the formation of a Select General Committee of the petitioners who had lately ad- dressed His Majesty and the two Houses of Parlia- ment, to meet at Montreal, on the 23rd June, and that for this purpose they should, on the 28rd of May, elect at the several places mentioned in the notice, , delegates to be present at the convention. Dele- gates were consequently named from various parts of the Province, who accordingly met at Montreal. The following resolutions were adopted, but it does not appear that they were practically followed up: — ^!^l"1f.".i'li t*V»am sssss S17 IS (Icslroug h the poll- mstranccs, were dis- imparting ct popular lighted by cm, but it would be- c govern- ; was uni- nt having ir attavhesj ' the vari- intil their adiament. T. Fred. )ffice, and . with the generally d talents, er for the jsioners. titutional ^solution, given in General tely ad- Parlia- me, and of May, notice, Dele- parts of eal. but it bllowed " That an agent or agents be now appointed, and chap, do proceed to England, to forward the views of thisxxxvni Select General Committee. ^issT^ "" That the said aij;ent or agents be instructed to present and support a petition to His Majesty, ])raymg the recall of His Excellency the Earl of Gosford, from the government of this Province ; and that he, or they, be further instructed to urge on the atten- tion of His Majesty, and the two Houses of the Im- j)erial Parliament, the petitions presented in the year 1835, by the British and Irish inhabitants of this Province, praying for justice. " That the Chairman and twelve members of the Select General Committee, be now named a Com- mittee to prepare instructions for the guidance of such agent or agents, in strict accordance with the Reports of the several sub-Committees received and adopted on the 27th June instant, and with such resolutions as have been, or may be, passed by this Select General Committee ; and that the said Com- mittee do also form a Committee of Correspondence with the said ajjient or agents. " That this Committee do adjourn to the call of the Chairman and ten members, and that twenty days notice, at least, be given of the time and place of mectinii;." It is to be observed, however, that the above reso- lutions were not generally approved, e\eu by the ConstitutionalivSts, particularly those in Quebec, and for this reason, it is believed, they w^ere allowed to lapse. Sir John Colborne having been, at his own re- quest, owing to a disagreement with the Colonial Minister, Baron Glenelg, on public matters in Upper Canada, relieved of the government of that Province by Sir Francis Bond Head, reached Montreal on the 1st of February, on his way to England via New York. His progress from Toronto to that city had m ' i ■ ! i t \. 818 Chap, been one splendid procession tliroughout, the inha- XXXVIII hitants alon^i; tlio whole ronte tnrnin"; ont to receive 1Q0P the ex-Governor, and accompany iny; hini in vast mnltitudes, ni carriages and on horseback, n-oni vil- lage to village. At Montreal he was received with the wannest acclamations by the British popnlation. He remained nntil the 19th May, when he proceeded with his family to New York, intending to embark for Englana. At this city he met despatches from the Colonial Minister, and from Lord Hill, Com- manding in Chief, appointing him Commander in Chief of the Forces of the two l*rovinces, with the local rank of Lieutenant General. Sir John Col- borne, after visiting Washington and several other parts in the United States, accordingly returned to Montreal, notifying by a general order of the 1st July, 1836, his assumption of the command of the forces in the Canadas. His return was universally hailed by the loyal in both Provinces, and lucky for them was it that he did return. The Earl of Gosford summoned tlie Provincial Par- liament again to meet on tlie 22nd of ^^eptember for the despatch of business, and which be opened with the speech following : — " Gentlemen of tlie Lemslative Council. " Gentlemen of the House of Assembly. *' The events which marked the close of the last Session of the Provincial Parliament have occasioned your being convened at this unusual season of the year. " The Address on the state of the Province then voted to His Majesty by the House of Assembly, havins: been laid at the Foot of the Throne, I feel it my duty to a\'ail myself of the earliest opportunity of comniimicating the answer which His Majesty has been graciously pleased to return thereto. I shall therefore transmit a copy of it, in the usual way, to I I 3 819 the House of Assembly ; and shall, at the same time, cimp. ill obedience to the King's express connnaiids, ])lacc x.\xv;ii before both ] louses, tiic instructions under which I ^■^^ " assumed the Government of tiiis Province, as well as those addressed to myself and my coilea,!i;ues in the Koyal 3iissioii. '' Gentlemen of the House of Assembly. " In compliance with the injunctions of His Majesty, J have aii;ain to reccmunend to your atten- tion the esinuates ihv the current year, and also th(? accounts showing the arrears dne in respect of the Civil Government, which were laid before you durino; the last fSession. The Kin*:: has observed that you were induced, in that Session, to Majesty's (k)vernmcnt, vdiich you will derive from the perusal of the wtiole of the docu- ments to be laid before vou : and ho trusts that, upon your becoming accpiainted with their ti'eneral tenor and spirit, you will accede to the application w^hich I made to you at the conimencement of the last Session, and which 1 am commanded now to renew, for payment of tlie arrears Clue on account of the public service, and for the funds necessary to carrv ou the Civil Govcrnn>cnt of the Province. " That the business of the Government cannot be carried on successfully whilst the salaries of the li t. 1 1 i 320 1886. t\ I H ^■; V r< Cliap. pi^blic servants remain unpaid, is too obvious. I hope, xxxvinto leave room for a suspicion on the mind of any one ' that, in making this renewed demand for the iicjui- dation of these just claims, either His Majesty's Ministers in England, or I, who bear his delegated authority in this Province, can have any object in view, separate from the public good. *' Gentlemen of the Legislative Council. " Gentlemen of the House of Assembly. " As this meeting of the Legislature has been con- vened for the purposes I have already mentioned, and as a prolonged absence from your homes at this particular season of the year, may be attended with inconvenience to you, it is not my present intention to recommend any other matters to your considera- tion. I cannot, however, refrain from congratula- ting you on the summer having passed aw^ay without any signs of epidemical disease, for which we ought to feel deeply thankful, nor from publicly expressing my gratification at the reception I every where met with, in my recent visits to different parts of the Province. "It is to me matter of the highest satisfaction to know, that the exposition which I made to you at our first meeting of the views and policy of His Majesty's Ministers towards this country, and of the principles which should guide me in the administra- tion of its affairs, is fully borne out in the documents which I shall lay before you, and has met with the approbation of my Sovereign. From the day I entered on my arduous duties, I have to the very utmost of my ability acted up to the principles I professed ; nor have I ever ceased to remember, that the two first objects of my Government were the removal of abuses and the reconcilement of opposing parties. By caution, by forbearance, and by the exercise of what I believe to be a liberal policy, I have souglit to promote the welfare of the Country, ci,ap. aiul to fj'aiii your confidcnee. If I sueeeecl in thisxxxvm hitter object 1 siiall rejoice at it, i)riiicii)allv because "■""■'''*" it will atford nie the means of (loiny: tlie orcater ji'ood ; and if 1 fail of success I sliail always be consoled by the consciousness of havin<2; labored earnestly to deserve it."" The Assemblv imnie(hatelv after receivino; his Excellency's Speech, resolved that it would, on IMonday next, (27th instant) go into Oonnnittee of the W hole, to take into consideration the state of the IVovince. The following Address in answer to the speech was agreed upon by the Assembly, and presented to his Excellencv : — " May it please Your Excellency : " We, His Majesty's faithful and loyal subjects, the Commons of Lower Canada, in Provincial Par- liament assembled, humbly thank Your Excellency for the Speech delivered from the Throne at the opening of the present Session. We in like manner express our thanks for the promptitude with which His Majesty's Government has, as Your Excellency has been pleased to inform us, in compliance with the desire expressed by us in the last Session, sent so early an answer to the Address then voted by us, after mature deliberation, upon the State of the Province. We beg Your Excellency to be assured that that Address contained the faithful and sincere expression of our Welshes, opinions, and w^ants ; at the same time, that it Avas calculated to remove every doubt respecting the spirit of liberality in which this House would receive the necessary reforms in the institutions and administrations of the Govern- ment of this Province, so long prayed for by this branch of the Legislature, and by the body of the people. We tlierefore trust that the answer will be 9% d \':v f; 1,1 i'iit. ' I ri'i 111 'M l-i'l I ^'il 'I I S'2'2 Chap, explicit and satisfactory, andtoiul speedily to remove XXXVIII the ohstaeles whii'h have liitherto ])revented the '■^"''^' correction of abuses, tl\e re(h'ess oi'<»;rievances, and ' the pr()S])crit}' of tlie Province. '' With this hope, whatever inconvenience we may sutler from the particular season of the year in which the Legislature has been assembled, any ])er- sonal sacriHce will be deemed of little moment ; and we be"* to assure Your Excellencv that, on every occassion in wiiich \vc are called upon to exercise the powers entrusted tons, we shall consider it one of the lii<;hesl and most imperative of our duties to devote our attention to the removal of tlie evils under which the people of this Province have labour- ed and still continue to labour, and to protect tliem from the elfocts of a system which has corru])le(l the Provincial Government, imd which has even driven the highest authorities in the Empire to acts and measures injurious to the hberties of His Majesty's faithful Canadian subjects. " We have not deemed it necessary to enter In detail upon the consideration of the various sul/jects adverted to by your Excellency, imtil such time as, according to promise, Your Excellency shall have more fully connnunicated to us the reasons which have caused the convocation of the Provincial Par- liament. Your Excellency, in limiting the subjects to which you have called our attention under the present circumstances, has, no doubt, been actuated not only by the motives expressed by your Excel- lency, but, moreover, by the consideration that although this House has, during the great length of the last Session, zealously laboured for the welfare of the Province, and with that view adopted many measures which w'c deemed to be in accordance with the intention of His Majesty's Government. Our labours have been rendered abortive, in consequence of the systematic rejection by the Legislative Coun- 823 to remove Mited the ices, and icnce we e year in any ])er- icnt ; and on every exercise ler it one duties to the evils e labonr- ect them i})ted the 3n driven acts and Majesty's enter in snl;jeets time as, all have which al Par- snbject9' idcr the actuated Excel- on that ?ngtli of welfare 1 many ce with t. Our quence J Coun- cil of all the projects of law calculated to remedy the ])ast, to protect the peo])!c f()r the future, to enlijihtcM them and advniice their moral welii>re, to*-" improve 'heir social anil physical condition, and to Clinp. XXXVIII 1886. (trust th ith til and intli the luence Constitution, the administration of laws, and the management of their local aifairs, to which they are entitled, and which are ij;naranteed to them by the very principles of (Jovernmeiit. " The circumstance of that body haviu"; continued unchanf»;ed, nmst necessarily ])recliule the idea that His jNIaiestv intended to harrass the eountrv bv the repetition, durinui; the ])resLMit Session, of scenes so discreditable to the vicious Constitution, wliich it is, notwithstanding!;, attempted to upliold. Your Excel- lency, as well as the authorities of the ^Mother Coun- try, must now be convinced, that the best intentions of the head of the Provincial Government, and par- tial reforms in the details of the administration, must constantly ])rove abv)rtivc when opposed to a system convulsed bv elements essentially ad\'eise, and in which we behold on the one hand, the peo- ple in conjunctior with this House, demandin«T the unrestrained exercise of the powers and rights of British subjects, with a Govermnent established upon a just basis applicable to the condition of the Province, together with the maintenance of guar- anteed and endeared institutions ; — and on the other hand a branch over which the Country has no con- trol, which has invariably shewn itself hostile to its institutions and its inhai3itants, and which has not ceased to excite and to foster attempts at disorgan- ization, oppression, divisions and hatreds, political ascendai^cy and exclusive rights for one portion of the people, and degradation for the mass of Cana- dians of every origin, the most attached to the permanent interests of the Country, and the best adapted to strengthen the Government. It is i, »■■( H. il 'J •1 .1 ;1 W\4 :,r 824 Chap, between these two irreconcileable systems that we Dwvm trust His Majesty's Government have eome to a 1836. :'t !!i; determination, in accordanee with our lumihle prayers. If our hopes he reaUzed, we feel eertain that the rules which Your Excellency declares to have guided you in the discharge of your arduous duties, caution, forbearance, and the exercise of a liberal policy, cannot fail of success. " We are convinced of the sincerity of Your Excellency when you declare that you will rejoice in havuig sought to promote the welfare of the coun- try and to gain its confidence, and that one of the first objects which Your Excellency has endeavoured not to lose sight of, has been the removal of abuses. We entreat Your Excellency to fulfil, as far as it lies in Your Excellency's power, the arduous task which has been assigned to you, and above all we beseech Your Excellency, in pursuance of the attachment which Your Excellency declares that you feel towards Canada, to be pleased not to rest satisfied with partial and ineffectual reforms, but to ascend to the source of the evils under which we suffer, and to become the lasting Benefactor of the Country — by helping to secure to the people and to this House the exercise of all their rights, to procure the repeal of such Legislative enactments as have encroached thereon, and the removal of the abuses which have fettered the exercise thereof, and to introduce in our institutions, particularly in the Constitution of the Legislative Council, those changes confidently demanded by this House and by the people, in such a manner as to fix the Provincial Government upon a firm and liberal basis, and thereby to afford us a pledge of future prosperity, and, conformably to our expressed conviction, many ye^s of security, peace and happiness." To this Address, delivered on the 27th of Septem- ber, His Excellency repHed : I S25 that we iiie to a liunil)le 1 certain clares to arduous cise of a ^f Your I rejoice he coun- e of the favoured f abuses. as it Hes ^k which beseech achment j^ou feel satisfied ascend suffer, ountry to this ure the s have abuses and to I the hanges by the •vincial and iperity, , many leptem- *' 1 thnnk you for this Address, and I shall take Clmp. care that, in pursuance of the promise made in mvxxxvni Speech from the Throne, no time shall be lost in^^Cg^ laviuy; bcf()re you the answer of oiu* most (iracious I Soverei«j;n, to your Address of last Session, on the 1 state of the rrovince. I shall at the same time cause to be counnunicated, the otlu'r documents wliich His ' Majesty has commandetl to be })resente(l to you." On the same day, inuncdiately after makinjjc the aboyc reply, His Excellency sent down the following message " In pursuance of the intention expressed in his Speech, at the opening of the present Session, the Governor in Chief transmits to the House of As- sembly a copy of the answer which the King has been graciously ])leased to return to the Address on the State of the Province, voted to His Majesty by the Assembly during their last Session ; together with a coy)y of the Instructions imder which the Governor in Chief assumed the Government of this Province, and of those addressed to himself and his colleagues, in the Royal Commission. *' Downing Street, " 7th June, 1836. " My Lord, — His Majesty having had under his consideration the Address of the House of General Assembly of Lower Canada, on the state of public affairs in that Province, has commanded me to con- vey to the House, through Your Lordship, the fol- lowing answer : * The King contemplates with deep regret the ill success of His Majesty's efforts to remove from the minds of the Representatives of the people of Lower Canada, those distrusts and jealousies with which they appear unfortunately to have been affectea. Conscious, however, that His measures have been dictated by an earnest solicitude for the welfare of all II * it '-' \ » (; I I' ? i 3jr> Clmp. classes of f lis Canadian Suhjocts, niunixcd wirli any xxxviii motive of a less just and liberal eluiraeler, His *7rr;r'^laiestv awaits willi tnuKinillitv the resnit of tliis lon|j; and ])anilnl disenssioit, assnred that when the niiseoneeptions oi' the moment shall have j)assed away, His lahonrs for the ])ros|)eiity of Lower Canada, will he re])aid hy the eonddenee of the inhabitants oftliat Provinee, of whatever elass or national .>rioin. " His Majesty is snstained andeneonra^red in these Jjopes hy ohservin^: that, the J lonse of Assembly were led to li'rant the snpplies only 1()r six months, and to prefer their ])resenl eomplaints, apj)arently in eonse- (picnee of the pnblieation of some detaehed passa;2;es from my Despateh of the ITtli of last July, on which passa, and to n eoiise- ])assa<2;e9 >n wliich k " that for the g" justiee d of the Jiieeived vcd any •oni my Canada notice entirely of tlie e fonnd actions i»;nicnt eqnivo- or the pinion. have 1 terms atch of n' dnty 1 quire, ■iphere of that (hitv you wore phiccd unilcr no restrictions chap. exccptiii«r such as tile iK'cessitv of the case, or yovu* xxxvm own jiid|j:incnts mijiht prescribe/ TssiT " i conchidcd my instrnc;ions l)y (hsclaiininj"' ' tlic remotest intention of fcttcrino- vour discretion, or of restrictinii" in any dc]xrce the exercise of yom* own judjrments, either as to the snhjects of cncpiiry, or the opinions at wliich von mav arrive.' I observed that in tlic course of yonr investijj^atlon new topics wonhl occin* to you, and new views of to])ics ah'cady famihar wonld present themselves. ' You will not' I added, 'on any occasion, or for any reason, shrink from the explicit tlcclaration of your sentiments. Vou will not decline any ciKpiiry, the prosecution of which may promise benefit to the Cv)lony or to the Mother (.'(HUitiy.' " Li' the whole of my despatch of the 17th July had been l)efore th( House of Asscinblv, they w^ould have foun;ly enforce the closest possible adherence to the existing Constitu- tion of 1^'ovlncial Government. In every y)art of His extensive dominions, it has been the constant object of His Majesty to correct real abuses, and to intro- duce such improvements as the existing state of society, and the deliberate voice of public opinion have appeared to demand. Bnl to reconcile neces- sary elianges with the stability of political and social institutions has been no less an o])ject with His Majesty. At once to reform in the spirir of the Con- stitution, and to oppose changes conceived in a con- trary spirit, is a duty which the King will never shrink from avowing his intention to fulfil. " In conformity with this rule you w^ere directed t • ) • i ;* i f i \ ■[ I S28 Chap, to ' apply yourselves to the investigation of this pait xxxvin of the general subjeet, endeavouring to ascertain ^"T^^ how far the Legislative Council has really answered the original objects of its institution, and consider- ing of what amendments it may be susceptible.' You were also informed that when your 'Report should have ^"^en received^ His jNIajesty w^ould take into his most serious consideration the questions whether there are any amendments in the law on this sub- ject, which it would be fit to propose for the consi- deration of the Imperial Legislature, and which, being founded on the principles and conceived in the spirit of the Act of 1791, may be calculated to rende i the practical operation of that statute more conlbi'.nable to the wishes and intentions of its framers.' "• If it be enquired what definite meaning is to be attached to the terms which I have thus employed, I answer that the principle of the Constitution of 1791, is, that there shall be two distinct and independent Houses of Legislature. Adhering to this general principle, it remains for your lordship and your col- leagues, acting on the instructions addressed to you as Commissioners, to enquire how the most effectual means can be taken for securing such a Legislative Coimcil as shall enjoy at once a due share of public confidence, and a full exercise of an enlightened and independent judgment rn all matters submitted for its consideration. " The fears of some and the hopes of others, have placed a more narrow construction on the extracts of my Despatch of the 17th July. In disavowing that meaning I make no new concession, but simply adhere to the views which I was honored by his Ma- jesty's commands, to express before. Such as the intentions of His Majesty's confidential advisers were on this subject in July last, such they still continue. The Address further advances a complaint con- u rpi •I 329 ■ this pai t ascertain answered consider- 5ccptible.' lort should take into s whether this sub- the consi- id which, iceived in ciliated to ute more )ns of its ig is to be iployed, I n of 1791, lependent is general your col- ed to you t effectual legislative of public ened and Initted for lers, have extracts isavowing lut simply ly his Ma- Ich as the Isers were Icontinue. aint con- 1836. nected with the Executive Government of Lower chap. Canada, a complaint which does not find a place xxxvm either in the 92 resolutions of 1884 or in anv of the earlier Addresses or votes of the House of Assemblv. The house now, however, state the necessity of estab- lishing in the Province what is termed * a respon- sible and popular government.' " Understanding these expressions in their obvi- ous sense, His Majesty is happy to declare that tliey do not advance beyond the principles b}^ which it is His pleasure and command that the Executive Gov- ernment of Lower Canada should be administered. It is His Majesty's desire and injunction that full and early explanations should be afforded to the Repre- sentatives of the people, of all important measures adopted by the government ; that the Assembly should enjoy the most ample opportunity of explain- ing both to the King, himself, and to His Majesty's Representative, in the Province, their opinions and their wishes respecting every such measure ; that the imputed misconduct of any public officer, with the exception of His Majesty's Representative, the Governor, who must be responsible directly to the King and the Lnperial Parliament, should be closely and impartially investigated, that means should be devised for bringing to trial and punish- ment within the Province, itself, every such officer to wdiose charge any malversation in office may be laid ; and that effectual security should be taken for the zealous co-operation of all subordinate officers in every measure advised by the Legislature and sanctioned by the King for the general welfare of His Majesty's subjects. " The Address of the Assembly calls upon His Majesty to recommend to Parliament the repeal of the British statute respecting the teniu-es of land in Lower Canada. If the House had been in posses- sion of my Despatch of the 17th July, they would I Mi a l::i-i; 8S0 m m ii '- Chap, probably have waived this application. They ^voIlld :xxvnihavc been aware that the reluctance of the Aiiig., to -1!'J ,oon reconinieiid to rarliament any measure which could be phiusibly represented as an inmecessary mterier- ence with the internal affairs of the Province, is the sin- gle obstacle totJie introduction of a Bill on thatsubject. " The Address proceeds to demand the repeal of the Act and the revocation of the Charter under wliich the British North American Land Com])any is incor- porated, and the resumption of the lands which have been sold to them. I shall not, 1 trust, be thought forgetful of what is due to the privileges and dignity of the House, if I do not shrink from the avowal of anv opinion deliberately entertained by the Ministers of the Crown, thougii it be not in accordance with the sentiments of the UeiriTsentatives of the Canadian people ; I nuist, thereibre, state that His jMcijesty's Government cannot proceed to the consideration of the questions raised by the Assembly respecting the British North American Land Company, unless it can first be established in due course of hiw that the cliiim of the Compaiiy to their corporate character and to their lands is invalid. No considerations, how- ever urgent, of temporary or ap})arent (expediency, not even the desire to conciliate the good will of the Assembl}'' of Lower Canada — than which no motive can be of greater weiglit, — could reconcile His Majesty to a measure, the principle of which would endanger the foundation of all proprietary titles, and all social rights. " The remaining toyiics embraced in the Address require, on the present occasion, no very lengthened notice, because, when attentively considered, that document does not ap})c:U' to advance any ])rinci]'le respecting tliem essentially different from those winch are admitted or maintained in my Despatch of the 17th of July. '' Respecting Judicial independence, the Assembly 831 ihey ^voiild 1 ne liing, to •vliicii could iry iiilcrfcr- 'o,istliesin- tliat subject. ic repeal of mdcr wiiicli riy is incor- wliich liavc be thought d dignity of Will of tin V linisters of •e with the i Canadian s Majesty's deration of •ecting the , uidess it w that the character ons, how- pediency, will of the no motive iicile Ills cl) would titles, and Address ngHiened red, tluit ])rinc!}-Ie )se which ^h oftlie .sse ir/b'y M ■V.| frankly admit the entire coincidence between the chap. B; opinions of His iVlajesty's ^Mhiisters and their own. xxxvni With regard to the settlement and management of the uncleared lands, juid to ail questions of finance, I trust I am not mistaivcn in supposing that no essential ditfjrence in principle exists between the sentiments contained in the Address, and those expressed in my despatch of the 17th July. *' And now, referring to the preceding remarks, I concciye myself entitled to state, that there did not exist during tlic last Session any real or substan- tial diiference of opinion between the Ministers of the Crown and the House of Assembly, on any ques- tion regarding which His Majesty's Uoyernment felt at liberty'' to take any immediate proceedings. No single complaint had been alleged which had not been either promptly remoyed, or made the subject of impartial enquiry. No mal-administration of the affairs of the Proyince was imputed to your Lordship. Without any actual controyersy with the Executive Government, the House, however, declined a compliance with the proposition to pi'ovide for the arrears and tor the supplies pending the encpiiry. His Miijesty does not^lenv that this is a power which the law has entrusted to the representatives of the people. But he cannot admit thin, on the present occasion, the recourse to the exercise of that power can be attriUuted to any indisposition on tlie ])art of Ills Maje.ViV to accord the fullest measure of iustico to His Canadian subjects. On a review of all the circumstances of the case, His ^lajesty's (Jovern- ment are led to the conclusion, that the course pur- sued by tiie House is to be ascribed to the misappre- hension of the tenor of your Lordship's instructions, induced by the publication of a few detached passages from them. Your Lordship will, therefore, communi- cate to the House a complete copy of those instructions, and will renew your application for the arreai'3 now isye. 1 ln:M Pi 882 i i if I -5 i>i Chap, ^^iie to the public officers, and for the funds ncces- xxxviii sary to carry on His Majesty's service. 183G. " I have the honour to he, my Lord, " Your most obecUent servant, (Signed,) " GLENELG." Tlie message and documents accompanying it were referred to the Conmiittee of the whole House on the state of the Province, w^hich was to sit on that day. The Assembly, after deliberating in Committee during several sittings, finally reported on the 30th Septem- ber, an Address to His Excellency, which was adopt- ed on a division of 58 to 6,* and presented on the 8rd October, to His Excellency, in the following terms : — "We, His Majesty's faithful and loyal subjects, the Commons of Lower Canada, in Provincial Parlia- ment assembled, respectfully approach Your Excel- lency for the purpose of further replying to certain parts of the Speech which it pleased Your Excel- lency to deliver at the opening of the present Ses- sion ; also to a Despatch from His Majesty's Princi])al Secretary of State for the Colonies, dated Downin"- street, 7tli June, 1836, which, with various docu- ments, you were pleased to cause to be laid, accor- ding to promise, before us. " Referring to our Address to His Majesty on the State of the Province, dated 2i)th February, 1836, * Ykas. — Messieurs Aiuiot, Biirdy, B:iin:ird, Bei'thetot, Bortraiid, Besseiev, Blanehard, Bluuchet, BoufFard, BoutiUiei*, Careau, Cher- ri«i', Cote, Courteau, Deligny, Desauuier, Do. T«)nimnc()ur, DeWitt, Jacques Doriou, Pierre Autoine Dorion, Chailes Drolet, Josepli Toussaiut Drolet, Dubord, Fortiu, Fi-aser, Girouard, Godbout, Grannis, Hebert, Hotchkiss, Huot, Jobin, Kiiuber, Kuight, Lacoste, Lafoutaine. Lajoie, Larue, Lefrancois, Letovu'uoau, ]\Iarquis, Moil- leur, Methot. Morin, Mousseau, O'Callagluui, Perrault, Proulx, Baymond, Rocbruue dit Laroquo, Seott, Simon, Taehe, Antoii>e Ciiarles Tasobereau, Joseph Andre Tusclicreau, Tooniy, Trudel and \'igcr. — 58. Nays. — Messieurs Blackburn, Clapham. Power, Stuart, Wells ftud Wood. — 6. 333 runds iicces- 1, INELG." yingitwcrc ousc on the n that day. ittcc during th Scptcm- was ado})t- on the 8rd g terms : — ill suhjeets, t'ial Parha- our Excel- to certain >ur Excel- eseiit Ses- lVinci])aI -Oowiiing- )us docu- id, accor- ty on tlie •y, 1836, t, Bortrjuid, I'eaii, Chei'- jr, DeWitt, ct, Joseph Oodbout, it, L!VCOfc,tt', luis, Mi'il- t, Pioulx, i, Aiitoire y, Ti'udel irt, Wells we assure Your Excellency, as we have already done (^aid Legis- ire of this and lin- es of the il cxperi- annot be lion shall id Coiui- igreeably eliherate lall enjoy nd a full idiiinent; said Des-^ S35 msions a that this ^real (jiiestiou will be considered \n Us extent, in its eonnectiou as well with the ])rineiples as with the practice of the Constitution, and not as rciJ!;ards peculiar reluctances or preconceived opinions respecting which it has pleased Jiis Majesty, in the said Despatch, to remove our fears concerning the future. '" AVhat we have stated above relative to the opera- tion in the Province itself of a Legislature free to watch over its own interests, induces us to hope that, until there be an essential change in the Legislative Council, His Majesty, whilst desirous of adhering to his benevolent inclination of abstaining from every act which could be represented as an unnecessary intervention in the internal affairs of the Province, and thereby even oppose himself to every legislative act on the part of the Metropolitan State tending to destroy that large basis, would be ])leased to take into his consideration t)ie pure and simple repeal by the Parliament of the United Kingdom, of the Act commonly called the Tenures' Act, and of that passed ir favor of the Land Company, as not being opposed thereto, inasmuch as the Canadian Legislature never participated in the passing of diese two Acts against which this House and the people have, from the commencement, universally protested, and as their opposition to the rights, laws and institutioui of this Province is now scarcely a subject of controversy. We therefore persist m praying that, until the Bill passed on several occasions by this House for the ab- rogation of the said Tenures' Act be favorably re- ceived in a Legislative Council disposed to give effect to the Pi-oyal intentions. His Majesty's Government would be pleased to assist in otherwise accomplishing i'-,f I Lll I -I il I ;ri 7^ mi !_: Pii ' ! 836 Clinp the repeal ilenianded, uliieh would enable us to rc- xxxviti establish order in the important cpiestion of lands '^'g^and of proprietary law, and to accomplish, for the advantage and haj)})iness of the inhabitants of the country, and of the other of His Majesty's subjects, the views expressed in our said Address. " It is f()r the same reasons that we persist in de- manding likewise the repeal of the Act passed in favor of the Land Company, and of the privileges which that Act pretended to confirm. The consi- derations of public and private law which cause us to take a view of this subject different from that taken by His Majesty's Ministers in the said Despatch, are too numerous and too palpable to be detailed at this moment. We shall pass over, also, in silence, the rights peculiar to the people of this Province, and the circumstances, painful to us, under which that Act was passed, and those privileges granted ; and we shall abstain from pointing out the means at the disposal of the government to settle this question with justice to all parties. We shall merely add, that every day convinces us the more, that the prin- cipal tendency of i;hat Company is to maintain that division of people against people, amongst the dif- ferent classes of His Majesty's subjects, which has, in common with all the evils resulting therefrom, been fostered in times past, with too much success, by corrupt administrations. " Neither can we forbear from here pointing out what we conceive to be, independent of its constant connection with the system of Metropolitan ascend- ancy and Colonial degradation, a grand error in the disposal of the public domain of this Province. That is, that in granting the lands nominally under the tenure of free and common soccage, which, based upon views of free and prosperous colonization, and with a due respect for the laws of the country, would, in fact, be a desirable tenure ; the advantages thereof f 337 have, in reality, only })een accorded to the original chnp, grantees rendered absolute m^isters of immense tracts xxxvm of land, Avithout any reserve having been nuule ^or'T^CT the future rights and interests of the mass of actual settlers who would improve the soil, but who, although His Majesty's free-born subjects, find themselves fet- tered in the extent of all tliose great concessions, by onerous and servile tenures. It is nevertheless after this system has been tardily repudiated, that nearly a million of acres of the lands of the country have been improvidently, and without any greater control, granted to the said Company, with the further privi- lege of augmenting that quantity by unlimited acqui- sitions dangerous to the liberties of the people. In- dependent of this anomaly and luimerous other vices with wdiich the said grant is tainted, the King's JMinisters cannot be so unacquainted with the subject, as to consider it a question merely of private law, or to believe that, in any new country, the disposal and settlement of an immense extent of the public lands can be withdrawn from the control of the Legislature, and abandoned to the unrestrained direction of indi- viduals. ^' The presence in the Province of certain preten- ded authorities, w^hose powers and attributes are not to be found either in the Constitution or in any law, has so often been alleged by Your Excellency and by the Executive authorities in the Metropolitan State as being of a nature to retard t'll a future period, the restoration of order and the introduction of those improvements demanded by the people, that we cannot refrain from here making a few general observations which must have attracted the attention of every public man. We beneve that this House is the legitimate and authorized organ of all classes of inhabitants in the country, and that its represen- tations are the constitutional expressions of their wishes and of their wants. We beUeve that the im- p I '\ '4 ■ ■■'■ 'ii \:\.% 1 lii- 838 Chap, partial use wc have made of the powers vested in tis, xxxviixfbr the protection and the happiness of all our fellow- *T?rr'sul)jects, ouinan(l niade ^>.y"7baor this llouso, of the free exercise of its raiTuuneutary 5Hul Conslituiional authority over the settlement and management of the lands of tlie Province, and its coiUrol over all the hranehes of the Executive Uov- crninent; avc shall al.M) omit whatever a))pertains to the settlement of the financial (piestion, Avherehy the Executive authority v,-o\dd no lonji;er impede the rightful control of this '.louse over the public revenue. Our views and offers on these two suhjects have, Avithout douht, been considered liberal by His Alti- jesty's Government ; we are, at least, inclined so to believe, in consequence of tiie oj)iiiion expressed in the said despatch on this part of our Address ; more- over, if we understand, in its true meaning, that ]>art of the said despatch 'Aiiidi approves of our opinions on divers other points, without discnssinp; any of them in particular, wc should he induced to believe that His Majesty's Government, convinced of tiie justice of our demands on these points, and of their accordance witli tlic good government of the coimtry, has now acceded thereto wdthoiit re([niring any fiu'- thcr useless delay, and vrithont further investigation of rights and principles so clear and so essential. " If onr hope of happy cUivs for oin* coinitry do not lead us to interpret too liberally general ex])res- sions, and if that hope be foinided on something more than generous inferences, wc cannot snfHciently ex- press to Your Excellency how nnich we rejoice at having, by our perseverance, contributed to the sub- stitution of an unjust and ])artial system, by an order of things conformable to the rights and demands of the people. Nevertheless, we cannot but feel deep regret and profound grief, when we consider that these declarations, as well as those which preceded them on several occasions, have as yet availed nothing ; I (ii '•a ■ )] M .^ n i:' 1) I . ! i i ruo Oliap. tliat tlio vices of oui* political iiiKtitiitioiis remain uri- xxxviirjillereil ; that tlie i^roviiieiMl Le{j;islatiire eontimies to *TTXT' l>e ])anilvze(l in its timelioiis, by the support •i.ivcii to the Jie-fiisljitive (Joiineil ; that no essiiitial reloiiii lias been inlnxhieed as vel into tlie Achninistration, or for the removal of al)uses; that the Executive and Judicial authorities have ])reserved and manifested the same character of a faction combined aivainst the liberties of the country, and its ])ublic pro[)erty ; Avhen we ])erc(Mvc that prejudicial in(piiriesin oppo- sition to the above mentioned dechnation have not as yet been aban(»oned ; — when, in fine, the Execu- tive (jovernmeut of the Province, doubtless in obe- dience to the special order of the authority which ap})ointed it, has had recourse, since the last session, to the pj'iictice of disp()sin<>; of the l'u])lic Treasury of the Province, without the consent of this House. Thus the state of the country having; tlieref()re re- mained the same, we l)elicve it to be our imperative duty to adhere unalterably to the contents of our said Address of the 2()th of February last, as well as to our previous declarations ; and to them do we adhere. " In reference now to the demand which Your Excellency has renewed under existing- ci)cumstances lor a Supply, reiying on the salutary maxim, that the correcti(m of abuses and tlie redress of eially by renderinjr the second branch of the Leji;islature con- formable to the wishes and wants of the ])eo[)Ie, have conunenced the fj!;reat work of justice and reform, flutl created a confidence which alone can crown it ■with success. " Amidst the closinf]^ events of the last session, there is one circumstance in particular wlrcli we respectfully believe has not been sufficiently noticed by His Majesty's Goverument — that is : it was not this House, but the Le;j;islative Council which de- prived the Provincial Administration of the resources which would have been at its dis])osal, and which placing itself between the Orown and the reo})le in a matter specially ap])ertainin^" to the l{e})resentatives of the latter, has prevented the free 'e which we aAvait. If such a chanfije had taken place, the good understanding which has hitherto existed between this House and Your Excellency, notwithstanding the difhculties of oiu' respective po- sitions, would lead us to expect the most happy ? ti! I' t U: f Chap, results from ^'our ExcclloncY's ilisire to ad\ Miice the ^^^'"pros])C'ritv of the country.'' 1836. 'i'o this His Excellency replied: — " Mr. S})eii]ver, and '' uentlemcu of the House of Assembly, " For the portions of this Address v.hich are di- rected to me personally, I cannot but thank you. At the same time my sense of ])ublic duty, and the Avarm interest I take in the welfare of the Province, compel me frankly to address to you my deep regret at the conclusions you have come to. " The determination you express never to resume yciir functions under the existing Constitution, vir- tually deprives the country of a domestic Legislature, mid places it in a situation in ^vhicli the greatest embarrassments must be felt until a remedy can be applied by the supreme authorities of the Empire. " Gentlemen, " Your Address shall be transmitted to England with the least possible delay." His Excellencv, on the following: dav, went down in state to the Council Chamber, and prorogued the Parliament with the following short and pithy speech: " Gentlemeii of the Legislative Council, " Geiit-emc]! of the House of Assembly, " There bring no longer any prospects of a good result from the message, which, by the commands of our Most Grrci{)us Sovereign, I communicated a few days ago to the House of Assembly, ]. hasteii to put an end to this session, and to enable you to return to your homes. " The object of convoking tlie present Parliament was to make a renewed en'ort oii the part of His ]Ma- jesty to restore some interval of repose to His Cana- diaii ])eo])le. I lament, liowever, that instead of awaiting the development of those measures wlucli 848 ;o resume live in preparation, but which, to be eftectiial, must Chap, be matured Avith time and attention, a more liasty''^^^"' decision continues to be insisted upon, and the Pro- jgae. vinee is even tlireatened with the aljandonment, by one brancli of tlie Leirishiturc, oftlie duties confided to it bv the Constitution; — without dwelhn?^; on tins i'.iauspicious })roject, I will merely observe that, if it be persisted in, tlie immber of temporary Acts in Lower Canada, and the importance of some which are not lonix, lience to expire, must i>:ive pecuhar effect in this Province to a decision, wliich, in no country endowed witli powers of domestic legislation, couJd be otherwise than a severe privation, and source of public suffering". *' Gentlemen, " In taking leave of you, I will only express the hope I am unwilling to forego, that, however the political embarrassments of the country may appear to multiply around us, the inherent elements of pros- perity and contentment which it contains may tri- umph over all adventitious causes of difficulty." The Assembly had been in session from the 22nd September to the 4th October inclusively (13 days), but no bill whatever had passed, two only being in- troduced, one for the ajipointment of an Agent in tiie United Kingdom ; the other, as at the previous session, to amend the Constitutional Act, in so far as related to the constitution and formation of the Legis- lative Council, neither »>■' which had reached the third reading when the prorogation took place. j'he following, in reference to the reform of the Legislative Coimcil, as insisted upon by the Assem- bly, is from Mr. Neilson's Quehec Oazdie^ 19th August, 1836: — "LOAVER CANADA POLITICS. "^ The Quehec Mercury^ of last evening contains a second letter on the Canadas, copied frojn the >. >)i m ".' •■( 344 Chap. London Times of the J^th June, The writer is cer- XXXVIII tainly much better acquainted with tlic pubHc af- Tasfi^ ^^^^^ ^^ ^^^ Provinces than most of the persons wlio ' write in the London papers ; but he falls ii^to some errors. It w^as only latterly that Mr, Hume took any active part in stirring up mischief in Canada, and we believe he is more indebted to love of theo- ries and an intermeddling disposition for any harm that he has done, than any vicious motives. " The whole of the difficulties in the Canadas which have now retarded the prosperity and diminished the happiness of their inhabitants for many years, proceed from the notion of the abolition of the Le- gislative Council. Neither Mr. Hume, nor Mr. Viger, nor Mr. Mackenzie, are the authors of it. It was first agitated in the Assembl}^ of Lower Ca- nada, in 1831, and Mr. Viger, who had lately been called to the Council, was opposed to it. It did not even originate in Canada ; was never asked for by the petitions from any portion of the country, be- fore it was introduced into the Assembly; w^as twice negatived in that body: viz, in 1831 and in 1832, by the same House who adopted it in 1833. The Elective Council was a substitute proposed by the late Mr. Thomas Lee, in 1831 ; but not acted on at the time. " The idea of annihilating one branch of the Legis- lature originated in England. It was the offspring ef a {Jace hunting propensity among persons there in some degree connected with Lower Canada. An agent had been recommended by the Canada Committee of 1828 ; the nomination of the Assem- bly had failed by disagreement with the Council, and Mr. Labouchere had refused to act officially, as it might place him in opposition with his duty as a Member of Parliament. A reformation in the com- position of the Council was commenced, and it w^as passing every Bill wliich the Assembly had com- i iW [ii" IS cer- iiblic af- 5OIIS wlio nto some me took Canada, : of tlieo- my harm ias which minishcd ly years, the Le- iior Mr. )rs of it, )wer Ca- ely been , It did sked for try, be- [y ; was and in tn 1833. osed bv ot acted Legis- [ffspring IS there !!anada. I Canada Assem- Icilj and y, as it |y ^s a le com- it was com- plained of its not passing ; in fact there was greater cimp. harmony in the colony, more doinu: for its ad- xxxviii 5 o vancemont than ever luid been done in the same time before. But there were people in England who were in want of advancement. It was under these circumstjmcesthat a book was written and print- ed in England in 1830, and sent out to Canada, recommending; the abolition of the LeLnslative Conn- cil. This ])ook bore the name of the late l^r. La- terriere, l^ut was written by jMr. John Arthur Roe- buck, the same who had written and published a pamphlet at Quebec, in 1822, in favour of the union of the Provinces. The notions of this book w"ere adopted by some persons on the River Cham1)ly, and unFortunately, in tlie end by Mr. Paphieau, the Speaker, who got Mr. Bourdages to move a resolu- tion to that effect in the Session of 1830-31. Mr. Roebuck has then the sole merit of the proposal to destroy one of the co-ordinate branches of the Lower Canada Legislature, which has had such an in- jurious effect on the Province ; and Mr. Roebuck is Agent of the Assembly, in England, with a salary and contingencies of £1,100 sterling, a year, paid in full, in good bills on London. All this is matter of fact which can be su})ported by indisputable evi- dence, but of which the writer in the Times was probably not aware." The Legislature of Upper Canada being still in session, an Address, shortly after the prorogation of that of this Province, v\'as voted by the Assembly to His Majesty, praying for the annexation of the City and Island of Montreal to that Province. Tlic Executive Committee of the Quebec Consti- tutional Association, elected in December, 1835, (and of which Mr. Andrew Stuart had been Chairman since its formation, in December, 1834-, until the time when, retiring from it at his own request, he was succeeded by Mr. Jolm Neilson,) made, at a general i'2 1886. I ■•!^ I" I ill l'6o6. a4(j Chap, mcctiiijv 01 the hody on (lie 5lli Dccciriber of the xxxvni present year, llicir annual report of proceedings for tJie ])reYions twelvemonth, coneiucliiig as lollows: — "Tlic Connnlttee, on a brief review of the po:-;ition of (lie members of the Association r.iid ])cii! loners since the last anniuii report submit, tiiat ;ilthoup;ii notiiincj; lias been actnaflv done i«) alleviate the evils of which they complained to ills Maicstv and tlio Imperial Parliament, tliey see no reason for (Ics- pondinjj^. " Vriiatever may be the lamentable weakness ex- hibitcd bv tlie Colonial Executive, the Committee are persuaded that at least there is a desire on tlie part of Ills Majesty to do justice to the Province, and to maintain the necessary ])owers and preroga- tives of the Crown, so as to enable him to give these the desired effect. " Tiie inliabitauts of U])per Cimada, on an appeal to them bv the Crown, h?ive etiectuaiiv discnthiralled themselves from the dominion of men who had com- bined with the prevailing ])arty in the Assembly of this Province to subvert the established Constitution of the Ca.ijidas, and perpetuate the evils of which we complain, j hat IVovince is now affording un- controvertible evidence of the benefits which mav be derived from the existing Constitution, V\'iili an Assembly cuUivaiin<:c ]\armony with the other bianclics v.i the Leg'islature, and co-operating in the liberal arul bcneiicent views so oiien ex])resse(l by (lie British Govermiient. All our Sister (Jolonies of this Continent arc also pronioling their ownv/elliu'e, nniler a Consiitution in ])riricip!e similar to that of the Cana.das, and in harmony with the ,a;eiieral jrov- ernmcnt of the cm])ire. ''The Committee cannot flatter itself, that much good has vesuited from its ovrn labours as detailed in the pres;"nt report. " It has, however, kept constantly in mind that it i i 347 )I<)11]CS Oi 183G. was a duty imposed upon it;, by the members Qfthe chap. Association and the petitioners, to support their xxxvm petition before the Iloyal Commissioners. On sev- eral heads of en([uiry, it will be*seen that the Com- mittee has been heard, l)ut it has to regret >hat on one niost important point, the state of the represen- tation, tlie documents wliich \v«re in preparation have not yet been completed, and the duty as well of completing these, as of making such further re- presentations as may be called for, will devolve upon their successors in office. " It will also ])e their duty to lay before you the proceedings had by the Select General Committee, at Montreal, as well ;\t the meeting in June, as at their late adjourned meeting, in the last month, when they shall be received. '' The Committee may, however, presume that the following clauses of their instructions have not been lost sight of in the enquiries of the Royal Commis- sioners, VIZ a There is one complaint closely connected with the topic referred to, of which I do not find any notice in the resolutions of the Assembly. The Constitution of Lower Canada consists of various branches or members, to each of which Parliament has assigned such functions as were thought neces- sary to counterljalance the danger of abuse in the other origans of Government. " If the balance be disturbed, a counterpoise would be required to rectify the disturbance. It is earnestly maintained hy many, that the House of Assembly does not supply a fair representaticm of the Canadian People ; that tiie constituencies throughout the Pro- vince are so arranged as to ensure the return of a much larger proportion of Memtjers in the interest of tlie Canadians of French descent, than is warrant- ed either by their numbers or their property ; and that neither the commercial interest, nor the land- ■i |i i ■ hi, V; ! 1- ' <>UW>tiu»^ w- It .< ^, i ■ H ■|i I? H I I I .''' 9 I ii 11 J 11 348 Cliap. lioHers in the Townsliips, are protected in the po- xxxviii 2)uhir branch of the Legishiture with any just regard T^C" to the importance 5i or to the weaUh and number of '.the persons empioyed in those classes. The Cana- dians of British descent have been therefore, it is said, accustomed to look to the Legislative Council for defence against the partiahty which they ascribe to the Members of the House of Assembly. *' It will be necessary tor you to enquire into the tnith of tliese allegations. This duty, indeed, you are bound to perform, with a view to the general in- terests of the colony, even independently of any reference to its bearing on the constitution of the Legislative Council. The number of persons of British or of French birth or origin actually sitting in the Assembly will, of course, afford a most per- fect criterion of the influence by which their seats may have been obtained, and of the course of policy to which they will habitually incline. The ma- terial question respects the national character and prepossessions rather of the several constituencies, than of the different Members. Lower Canada must also be viewed as a country in which the limits of settlement and cultivation are continually widening. It requires therefore an elective system, resting on a principle such as shall accommodate itself to changes which are taking place in the cir- cumstance of the Electors, with a magnitude and rapidity to which there is no parallel in the commu- nities of Europe." The Committee terminate as follows : — ** The late meetino; of the Legislature has furnished additional evidence if any were -wanting, that the Province cannot enjoy the benefit of good gov- ernment, an independent administration of j ustice, and a beneficial local Legislature, until there is a reform in the representation in the House of Assembly^ the po- t regard mbcr of ic C ana- ire, it is Council J ascribe into the eed, you neral in- ^' of any n of the rsons of y sitting nost per- leir seats of policy rhe ma- icter and tuencies, Canada he limits [itinually ; system, iiniodate the cir- ude and commu- urnished ig, that )od gov- tice,and 1 reform ssembly^ 1837. 349 founded upon the combined princi[)]es of territory chap. and population, so that the British and Irish inhab- scxxvni itantsand others not of Freneli origin mav have that share in tlie clioice of the jVIcmbers to ^vhicll they are entitled. That such a reform will ever be ef- fected with the consent of tlie present overwhelm- ing majority of Members, elected by a distinct con- stituency whose peculiar prejudices are incessantly excited against their fellow-subjects not of French national origin, cannot reasonably be expected. " The Committee trust, however, to the sense of justice which prevails in the Parliament of the United Kingdom, to whom all parties have appealed, and to the settled adherence of men of British and Irish origin, to the princi])lcs of the British Consti- tution, as well as to their persevering character for final success in obtaining justice. " The Committee can rely with perfect confidence on the warm attachment of the petitioners to the countries of their birth and of their ancestors, to enable them to endure all the trials to which they may yet be exposed in this Province." ^J^he whole nevertheless humbly submitted. By order of the Conunittee, T. A. YOUNG, Secretary. The Commissioners having investigated and re- ported upon the matters referred to them, Sir Chas. Grey took his departure for England, via New York, at the end of November, Sir George Gipps and Mr. Elliott following him in February by the same route. The reports of these gentlemen, which did not appear publicly until after they were laid before the Impe- rial Parliament, were elaborate and comprehensive, but too voluminous,, although properly belonging :o the history of Lower Canada, for a place in the pre- I J i ' 1 i ii 350 1837. Chap, sent work, or in llie .'ippendix to it, constituting, as xxxviiithey do, a considcral)lc volume of themselves. Aceounts reaehed tiie Provinee towards the middle of April, that ]jower Canada affairs had been brought up in the House of Couunous by Lord John Russell, and that certain resolutions had been adopted by a large majority with respect to them.'^ These pro- * The folln-wiiiii; .Meiuhers spukc in the dobiito of tlie Clli f Mai "1. oil ^ rcl Jehu Russell's Resolutions respectim? Cniiiida, viz.- 'O' ^ John Russell — Mr. ll'tbinson — Mr. P. Stewart — Colo. ^ Mr.Lc ' Mr. liuu.. iio-i -^sou — Sir William Molesworth — Sir Geo. Grev — . ., ii'^ moved an amendment — Mr. Roebuck, twice — and RESULUTIOXS ox CANADA AFFAIRS. GthJIarc?i, 1836. _ " 1. Tliat since the 31st day of Oi t^.bor, in the year ir>32, no pro- vision has been made by t'ne Legislature of the I'rovinco of Lower Canada for defiayiug the charges of the administration of justice, and for the support (jf the civil government Avithiu the said Province; and that there will, on the lOth (]iiy of April now next ensuing, be required for defi'aving in full the charges aforesaid to tliat day, the sum of £14'_MG(J Its. Gd " 2. That at a -essionof thcLegishitureof Lower Canada, holden at the city of Quebec, iu the said Province, in the mouths of September and October, 18']G, the Govei-nor of said Province, in compliance with Ills Majesty's commands, recommended to the attention of tlie House of Assembly thereof, the estimates for the present year, and also the accounts, shewing the arrears due iu respect of the civil govermnent, and signified to the said House his Majesty's confidence, that they would accede to the application •wliich he liad been commanded to renew for ])ayment of the ar- I'ears due on account of publi'' service, and for the funds necessary to carry on tlie civil govornmeut of the Province. "3. TJiat the said House of Assembly, on the 3rd day of October, 183G, by an Address to the Governor of the said Province, declined to vote a supply for tlio purpose aforesaid, and by the said Ad- dress, after referring toafojniei' Address of the said House to the Governor of the said Province, declared that the said Hoi'.ce per- sisted, amongst other things, in the demand of an Elective Council, and in demanding the rejjcal of a certain act passed by die Parlia- ment of tlie L^nited Kingdom in favour of the Xoitli American Lam! Company, and by the said Address the said L* )use of Assem- bly further adverted to the demand made by that Hcuise of the free exercise of its conrrol over all the branches of the government ; and liy the said Address the said House of Assembly further de- clared, that it was incumbent on them in the present conjuncture to adjourn their deliberations until his Majesty's government, by its tilling, as vcs. :hc middle Ml ])rou^ht III lliissell, j)lcd by a 'licse pro- f tlic 6tli f ing CJiiiuitla, , Sti'Wjirt — 'ileo. Grey — ;, twice — and nch, 1836, Lr>82, uo pro- Province of iuistration of tbiu the sui«l iril now next ;o8 aforesaid lada, bolden mouths of Province, in ded to the lates for the rears duo in d House hia application t of the ar- d necessary I of October, ;e, declined lie said Ad- louse to the douce per- ke Council, Ixhe Parli.'i- American of Assom- of the free [voi'ument ; further de- loujuncture lent, by its ^^.e .• ii'dicator, *" eling created i.>v Lord John '\DI(;\ATIO\. 3i)\ duccd great excitement and a,Li;itation, the p^ipers ii) ohnp. tlic interest of tlic agitators, or "patriots," as, not^xxviu to seeia ffislidions, we shall liereat'ter term thenK^T^CT' teenmu;' wiln tne most bitter mveetive against tlie Minister and his sn])porters."^^ acts, espeoiaily by rendering tlie second bi'anoh of the Lcgishituie. cttnforniabki to the wislics and 'wants of the ])ei)ple, liiive cotn- nieiK'cd tlie c'rcnt wo) k of justice and reform, and created a eon- lidenee wiiieb alone cuuld crown it with success. "t. That in the existing state of L iwer Canada, it is uuadvis- able to make tlie Legishitive Council of that Province an elective bodv; l.Kit that it is exnedi'^nt that nif.'tsnres be adt" *ed foi' seouv- • * ■ * ing ti> that branch of the Lf-gislature a greate'i- c" ;!'e- of public contidencc." * The fi'Uowing will serve as a specimeu, fro',, edited by Doctor O'Callaghan, M. P. 1'. :— '' It gives lis great j)leasure to annouuce, that thi throughout this wealthy and populous District, Russelfs infamous resolutions, is (;ne of umr d They are met every where with " curses not k lO but deep," und a fixed, stubborn determination, to resist any and every attempt to enslave the country. " 'I'he llefoi'mors are already on the alert. Some preliminary meetings h;\ve, we understand, been held, preparatory to calling a meeting of tlie rich and independent d-unty of Richelieu. To the freeholders of the county in v.'hieh the lion. Mr. De Bartzch re- sides, will belong the honor of being the first to d' novnce the Honorable rciicyadc and the niacluavelian policy of the treacherous govcruiiicnt. "A movement in such a quarter is ominous for the treacherous adiiimistration of Lo'd Gosford. It will, we liave no doubt, be folluwed tliroughout the Province by similar meetings, and befoie the summer will hav(^ geputy and llegulizc the jpunity. A mitv of the >t all those lovjxcE — no lgit\tk ! ! ! ItM'vthhig is jei-. 'the I a flagrant vi(jlation on the part of the Coin i nous and chnp. of llie Government tliat proposed them, of the (.'api-xxxvni tuhition, of tlie Treat v, and of the Constitutional Acts "TXT' 1 1 • t\' - nil I , loo ^. granted to this JTovmce. inat these acts and treaties, l)earing on tliem reciprocal obhgations, to wit, on our ])art atfection and ()be(hence, and on the part of Enghuid j)r()tection an's of trade as of no effect, wc look upon the trtide usu- ally designated contrabr.nd (smuggling) to be per- fectly fair — we regard this traffic as perfectly lionora- ble, and w^illdo all we can to favour it, — support those who pursue it as deserving well of their country, and will hold those to be infamous wdio msiy inform a«i:ainst them. " That to render these resolutions more eifective at k'np;t1i en nhiisod I aj^iiiast a ^lus, and ■nslavo US. lat on the nr natnrul lianicMit of irs of this in* ]);ii'tici- 'xerciso of )nstitnlion conntry, 1 of liberty icitilibonr- onsidcr as ada Trade onipany is donbt 1)0 ard in tlic il)]c fi'om especially IS tea, to- •nsnnie in lis colony. 1)11 of liis of cloth, the lavv'j? 'iide nsu- bc per- lionora- (ort those litrv, and In against icirective 18U7. this assembly is of o])inioJi tluit a j)atiiotie as- cjlmp. soeiation shonld bcibrnjed in the eoinUry, the centi'e xxxvui to be at (^nebec or at Montreal, the end of which ' slionld be to a}j;ree to eonsnnie, as far as possible, only articles inannfaetnred in the conntry, or "npcit- cd withont ])ayinji; the dnlies. That lor this pnrpose aConunittee often members be firmed to comnmni- cate with similar Connnittees which may i)e njmied in other comities, and with power to jidd to their iMunber. That Messrs. I>oucher ]>elleville, .1. J>. h). JJoncher, i)\. Chamard, J. E. Mi^nanlt, F. X. Poitevin, Ls. M()«ier, Dr. Dorion, Ca])t. Bennlac, Ls. (>ha])pe(lelaine and Moyse Dnplessis do form the Connnittee; that they have also the power to choose from amon«rst them t\vo persons, to repn^sent this connty in a convention which it is intended shall assemble." " That in order to effect more speedily the regen- eration of this conntry, it is desirable, after the man- ner of Ireland, that we shonld all rally ronnd one man. That man, like O'Connell, has been stamped by (Jod to be a Political Chief, the regcneni.tor of a nation ; he has been endowed for this j)nrpose with a force of mind and eloqnence not to be snr- ])asscd ; a hatred of oppression, a love of his conntry, that neither promises nor threats can shake. Tliat this man already pointed ont by the conntry is L. f7. Papineau. This assembly considcrinp; also the hap- py eirbcts which have arisen in Ireland from the con- tribntion called the 0'Co)incU Tribute^ is of opinion that . similar contribntion onght to be made in this conntry, nnder the name of the Piiphicau Tribute. The Committee of the Anti-importation Assoeiatiou will be chari'-ed with raisin')- the same. "That this assembly cannot separate withor.t offer- \\\% onr sincere thanks to the s])eakers, ilv.', indeed in nnmber but zealous and able, who \\i\\v u})iield our rights in the House of Commons, as well as to F M I ■' % '■ • ;i5G 1 a. ji p-i C!hap. the holiest uimI virtuous iiien who have voted willi xxxvin (|jM|i,^ That llie workiiio- men of London who, hi the 1837. .'^]>int of libertv' and justiec, worthy of a free people, have ]>re.sented a petition to tlie llonse of Coniinons in favour of tliis unhappy eountry, are equally en- titled to our deepest aeknowledgnients. That our friends and brethren of tlie Politieal Union of Tor- onto are also entitled to our thanks for the sympathy they have shewn towards us in the resolution passed by thein on the 17th April, against the eoereive mea- sures of the Ministers. " That this assembly is firmly of opinion that, in the event of a General Elcetion witb w liieh the country is threatened at the instillation of perverse and weak men, as iQ;norant of public o})inion at the })resent crisis, as thev are destitute of influence, the electors will show their gratitude to their faithful represen- tatives in again electing them, and in rejecting those who have forfeited their words, forgotten their duty, and who have betrayed their country cither by ranging themselves on the side of our adversaries or by cowardly absence when the country expected from them an honest expression of their opinions." Various other meetings took pLnce shortly after this at different places in the district of Montreal, Mr. Papineau attending as chief actor, being escorted from pai'ish to parish with great parade, by multi- tudes on horseback and in caleches. The resolutions adopted were similar to those of St. Ours. iMeet- ings of the same character took place in Quebec, but the resolutions passed thereat, though seditious, were less violent than those generally adopted throughout the district of Montreal. These extraordinary doings, under the direction of a " Central Committee*' avowedly revolutionary, at length compelled Lord (Josford to measures for staying them, lie accordingly issued, on the 15th of June, a proclamation, ns f()llows : — voted witli wlio, ill tho ice people, f Commons equally eii- That om* )ii of Tor- } sympathy tion passed ircive mea- on that, in the country ' and weak lie present he electors represen- i^tuv^ those :heir duty, either by ersarics or expected :)inions." tly after Montreal, f^ escorted jy niulti- soluticms jMeet- ebec, but [)us, were rouo;hout direction iitionary, -iiu'cs for the 15th " AVilEREAS certain of His Majesty's subjects, in Chap, different parts of this Province, have recently heldxxxvin I'ublic Meetings, and thereat adopted Kesolulions^^ havino; for their object the resistance of the lawful authority of the King and Parliament, and the sub- version of the laws, on the observance of which the welfare and haj)})iness of all His Majesty's subjects, imder Divine Providence, chiefly depend ; And whereas ac such meetings evil disposed and design- ing men, the instigators thereof, have by artifice and misrepresentation endeavoured to spread abroad statements and opinions, inconsistent with loyal duty to His Majesty and to His Parliament, and tending to })ersuade His Majesty's subjects that they are absolved from their allegiance, that they can no longer depend on die Parent State for Justice and Protection, and that they must seek for the same, when a convenient opportunity offers, by other means : — " And whereas it is both my resolution and mv duty to maintain and defend to the utmost, against all such unlawful proceechngs and attempts, the un- doubted prerogatives and powers of His Majesty and of His Parliament, in order to maintain and secure the Institutions both Civil and Religious of His Ca- nadian subjects, and to preserve peace and good government in this Province : — '' And whereas upon these occasions aforesaid, representations have knowingly been made entirely devoid of truth, for the purpose of inducing His Majesty's subjects to swerve from their allegiance, and of producing a behef that the Parliament of the United Kingdoi has violated, or intends to violate the just rights and privileges of His Majesty's sub- jects in this Pjrovince, and is about to adopt oppres- sive measures towards them : — " Beinji desirous of undeceiving such as may unwarily have been led to rely upon such unt/ue .i 'S* n ■ ! m R ■ i.L ''9 aoS ■J'i- Chap, ^nd niisciiievous representations, it has become my xxxviiidiiiy, ns the Representative of His Majesty, to ad- ""J^JJ^ dretrairie to invite the Hon. Speaker to attend a meeting of that county. The Wm\. (ientle- man not being in town, we are not able to sa} on what day the meeting of that populous county will take place. ''The meeting of L'xVcadie county, which was fixed for the 16th, is postponed for the present for a similar reason. " Three counties are now waiting the return of the Hon. Mr. Papineau. '' ^m Quebec. This is a con- vincing proof of th« JtiiivS hood ■ f those enemies of Canadian Rights, who would have the people believe that this great man's popularities are declining. " It is stated in the Herald of Thursday, July 13th, that the loyal inhabitants of St. Eustache are about to forward a petition to His Excellency the Governor- in-Chief, for protection from the outrages with which they are threatened by the agitators ; and that out- rages still continue to be perpetrated in that part of the country. It is reported that even the Priest of * It seems that Messrs. Lafontaine and Girouard who had visit- ed Murray Ba\ and North Shore below Quebec, in co-operation vn^h Mr. Papiueau on the South Shore, were among them.— Q,uehec Mercury. ■ ^1 II aguenay a scries ipproba- ilusscll Captain auvreaii ermine d eonnties '^ formed iier, this :iie Hon. from the >caker to . (ientlc- ; on what will take ich was nl for a return of is a con- emies of e believe ig. ly 13th, about to overnor- h which hat out- t part of riest of had visit- l-opevation I — Quebec 361 the parish has been threatened, because he is pious chap, to G(jd and loyal to his King ! On Friday night, the xxxviir barn oi tins respcctaljle clergyman was destroyed. ^TsJT' We have heard nnich of the veneration of the Cana- dians for their religion and its ministers. Should it prove true that from among some of them this trait in their character has departed, there is no doul)t, that an enemy has been in their fiekl and sown tares amonjj: the wheat." — Montreal G-azette, While Mr. Papineau was thus visiting the district of Quebec to cheer his })artizans and prepare them for coming events, an effort was made to realize a large meeting of his party in the city of Montreal. It, however, proved a failure, although a considerable number did assemble on the occasion. A Constitu- tional, or ''Great Loyal Meeting," took place shortly after this, in that city, at which several thou- sands attended, consisting of all the British, Irish, and such other inhabitants of Montreal and its neiu:h- bourhood as were for preserving the constitution of the Province and its connexion with Great Britain inviolate. At this meeting, held on the 6th Jul}^, in the jplacc iVarmes, the following resolutions were unanimously adopted, the Hon. Peter McGill open- ing, in an appropriate speech, the business of the day, and proposing the Hon. George ]V^ )ffatt as Chairman, who accordingly, with acclam ion, was called upon to preside. Jules Quesnel and S. De Bleury, Esquires, were named Vice Presidents, and William Badgley and Leon Gosselin, Esquires, joint Secretaries, on the occasion, to preser^ e order and record the proceedings of the meeting : — " Resolved, — That the unjustifiable refusal of the House of Assembly, of Lower Canada, to make the necessary appropriations for the administration of justice, and the support of the Civil Government of the Province, has been the principal ca. je of the i.' 362 XXXVI :„ r ■ it -M U m i, 1 .1. i|:i resoiiitions proposed by His Majesty's Ministers, and adopted by the Imperial Parliament. "^h"" " liesokcd, — That this meeting disapproves of the outrageous proceedings of the majority of the House of Assembly in its formal refusal to proceed with the public business, in its declared determination not to co-operate with the Government, and its resolution to follow the line of politics Avhich it has adopted ; and that these proceedings are the cause of the greatest evils to the Province in general, ruinous to the commerce of the country, and destructive of the industrious and the ao-ricultural classes. ^'' Hesolved, — That this meeting cannot express in language sufficiently strong, their detestation of the immoral and disorganizing measures recommended, and of the resolutions adopted at the meetings re- cently held in different parts of this Province ; and that this assembly disapproves of them as directly opposed to the sentiments of fidelity to His Majesty, and of devotion to his (xovernment, entertained by his loyal Canadian subjects throughout the Province , " liesolved, — That this meeting is strongly con- vinced that the real and recognized grievances of His Majesty's subjects in Lowx^r Canada will be fully redres-jtxl by His Majesty's Grovernment ; that the continuation of the connexion of Lower Canada with the Mother Country is essentially necessary to the prosperity and advancement of this Province ; and that all attempts to disturb that connexion, and to pi .)di;ce a dismemberment of the empire, is directly contrary to the opinion of this meeting, and abso- lutely op,>osed to its aesires as well as to its in- terests.' A '' CtR1!.at Loyal Meeting" and demonstration took Tilace, in like manner, also at Quebec, on the 31st of July, at which several thousands attended, Wcilking in procession, preceded by a band of music, through the city to the Esplanade, with flags and I 363 VlinistcrSj 'es of the he House I with the on not to re&ohition adopted ; e of the iiinous to ive of the xprcss In on of the amended, sthigs re- ince ; and s directly p Majesty, tained by rovince , gly con- ances of 1 be fully that the lada with iry to the ice ; and , and to directly md abso- o its in- nstration on the ittended, )f music, lags and n banners, bearinLj; mottoes and crnhlems significant of Chap, ioyalty, and the dctcrniluatiou of llie people to ad-^^'^v'" licre to their ailcfj-iaucc and the s{)verei;>'nty of the "77^ i> • • 1 /-I * II n 1061. J»ritisn brown. A small press, mounted on a car- riage, attended by a body of ])rinters, accompanied the })roccssion, giving out, as it proceeded tlu-ough the various thorouiil dares of tiie citv, an Address h'oni "the Loyal Printers op Queuec," an impression whereof is inserted below. ■^" On arriving at llie Es- planade, John William AVoolsey, Ks([., one of the oldest, and most respcetabL' inliabitants of Quebec, and formerly an eminent merchant, but then retired from business, was called u])on to preside at the | meeting, Josopl^ ^^flblili^-^ ^^^^ lj Wr^> ^^- Jlllllill^-' ^'^^H'^-) being also named Vice Presidents, ancPMessieurs Deguise, T„^^(,'.g^ and Prevos^., Secretaries. The following resolutions were unanimously adopted : — * TO THE PUBLIC. " The Loval Puixtkus of Quoboo, fov)i!iiiu: tli;; majurity of tliat body, are flf.'tiirous of presenting tluvir fi'llow citizens "with a Ijrief record of thelf feeling on an occasion when it behoves every man who has the •welfare of the oohmy at lieart, and ^v■ho desires t:» perpetuate tlic connexion with the Mother Country, t(» come boltily forward and to express his detestation of the insidious machinatiuus resorted to by a seltish and ambitious band, who, in the hopes of personal .'iggrandl/.oment, seek to disturb the peace uf the country, and to plunge their fellow citizens into the miseries of civil contention, in the hope not of producing public good, bub of improving their own thriftless eondilivin. "The Fkeeuom of the i'uess is the Pai.t.adh'm op liRvrisH LiBi:iiTY, and it cannot bo suppose;l tliat the Printers of this city, who now address you, are uiunindful of the ])(.)wers or <'f the privileges of the mighty engine they wield. Yet they know well now to distinguish between j.tDEiiTy axd licentiousxes.s ; and whilst their efforts will always be strenuous ami unflinching in supporting the Liberty of the Press and the interest of their fel- low citizens, they tru.st that none amongst them will be found so base as to prostitute tlic noble engine, whicii has given knuAvledge to the world, to the vile purposes of private slcnulcr or of ma- ligning the Just and equal Govcrn/nent under trhose protrct ion we live. Tet when grievances exist, wc are to be fuund at ol that we best obey this injunction by honoring Tiivrn ; and on this occusiou we meet to decktve our conviction that teuth, reason and justice, alike rrgnire our nupport shou/d he (jireu to tue govkunment, in ihe measures it han iidopt(d to coi'iect the evil inliicted on this Province. &?/ the mmhcfh of onehronch of the Legislature. " Various mottoes have been adtipted by different Presses, 'i'hat which we take is — ''PRO REGE,~-LEGE,'-ET GREGE, "for the sovereiox,— the law, — A>i) the peopi.e. " In maintaining the rights of each, it is our fixed resolve that We will 'nothing extenuate nor set down aught in malice,' in this spirit do those who now address you mean to continue their labours, " We are, respected Public, "Your faithful servants, "THE LOYAL PRINTERS "Of Qukbko." I vith deep iiKide at this Pro- )ublk' ciu- tish (Jov- tlic viola- may have its piiljlic LTto inain- ity to the Mtieiice to deterniiii- :sist to the allei>;iance gainst the ,t the pre- irs ill this lulorstaiid- ed ill tile that we best leciisioii we md JUSTICE, ernmi:nt, i)i ietecl ou this Hre. sses. That lori.E. vesolve that lice,' in this iitiimc their PRINTERS B£C. 1887. 3Ua Legislature, and anionn-st tlie iiihahltants of the Vro- chap, vinee ; and tliat a remedy is to be found in avoiding xxxvm tliese misunderstandini2;s and dissensions for tlie fu- ture, and in tlie eordial union of ail classes in pro- moting the peace, welfare and good government of the JVovince. " That it is equally the duty and interest of the Government, and the subject, of the colony, to co- operate in the remedy of all abuses which may be found to exist, to the end that the ])eacc and pros- perity of the Province may lie effectually promoted, and all classes of the inlial)itant< be maintained in equal rights, and all the peculiar privileges which they enjoy, or to which they are legally entitled. " That under the present circumstances it is our duty humbly to assure Ilis Majesty's Government, that it may fully rely on our fidelity to "the Crown and affectionate {ittachment to the connexion sub- sisting between this Province and the United King- don of Great P)ritain and Ireland. " That an humble Acdress be presented to His Excellencv the Governor in Chief, embodyino; these resolutions, and praying that he AV(mld transmit the same to His Majesty's Govern^nent in England. " That the chairman, vice chairman, movers and seconders, with the following gentlemen, be a committee to prepare and present the said Ad- dress." An Address, in conformity to those resolutions, was presented to the Governor in Chief on the 2nd of August, to which His Excellency returned the following answer : — "■ Gentlemen, — I shall have much pleasure in transmitting, as you re(piest, to Her Majesty's Gov- ernment in England, the Address which you have just presented to me for that pur])ose, and I feci con- vinced that Her Majesty will receive with entire satisfaction the assurance of fidelity to the Crown, of ^ 1 hi I 1] -i »>».M«U»a*«»» I i 366 1 ^'i X ► .'/ Chap. obL'dience to the laws, and nfTectionatc uttacliineiit to xxxvmthe connexion between this Provineo <'ind the IJiited ^^r^Kino-doin, whicli so numerous and liiglil}' respoetable u ])orlion of tlie iuhab'tants ol'the city and vieina<:;e of (Quebec liave thus come forward to tender. These assurances, in conjuncUon with tliat union oi'loyahy and ])ubUc spirit wliieli has so recently been mani- fested in this town, cannot fail to prove peculiarly acce})lablc at a time "when the most artful and insi- (.lious attempts have been resorted to, to disseminate doctrines at variance with morality and justice, and tending to the overthrow and violation of those laws and institutions which secure to the whole body of Her Majesty's Canadian subjects the rights and im- munities they now enjoy. *' While I dee})ly regret these attempts, and while my earnest-endeavours shall be directed to avert the calamities they are calculated to ])roduce, I can as- sure you that I shall not cease to adhere to those principles wliich I have ever held, and shall always be ready and anxious, while .1 fill the high situation confided to me by our Gracious Sovereign, to co- operate in the remedy of abuses, in promoting the welfare and happiness of this Province, and in main- taining all classes of its inhabitants in the full and peaceful eigoyment of equal rights. '' Castle of St. Lewis, "Quebec, 7th August, 1887.-' The ofhcial account of the death of His Majesty King William the Fourth, (which liad occurred on the i^Oth of June,) readied Quebec on the day (olst July) on which the procession just mentioned took ])Iace. The intelligence was announced at four o'clock in the afternoon i»v the tninr: of sixty minute guns from tlie Citadel, tlio royal standard floating half-mast hidi r'lom the Citadel fin 2: -stall'. On the following day (Ist August) the Governor ;■ !■ icluneiit to he I'll i ted espcctahle I vicin.'i 7, I* v> . 6^ % wm HIX 368 «i iff Chap. Duke of Kent, A\hile serving as an officer in the army xxxvni^^f Great Britain, and in command of the royal forces 1837. ^^^ ^hJs garrison. " Your Majesty's faithful subjects in these Pro- vinces have ever maintained their loyalty vmim- peached ; and have proved, by their readiness to de- fend their country in the hour of danger, that they justly appreciate all the blessings they enjoy imder the paternal rule of the illustrious House of Bruns- wick. "We, therefore, most humbly and respectfully entreat your Majesty to accept our most cordial con- gratulations on your Majesty's happy accession to the Throne of your ancestors, assuring your Majesty of the loyalty of these populous Provinces, and of the peculiar and heartfelt satisfaction with which the commencement of your Majesty's reign has been hailed by all classes of the people. " We beseech Almighty God to preserve your Majesty's valuable life ; to bless the Empire, to which it is our pride to belong, with peace and prosperity ; and to vouchsafe that your Majesty may long live to reign ever a free and contented people, the grace, ornament and example of a British Court." A spirit of violence, however, notwithstanding those demonstrations of loyalty in the two cities of the Province, prevailed from an early period of the present summer, in various parts of the Montreal district, manifesting itself, in particular, at St. Eus- tache, St. Benoit, and other parts in their neighbor- hood to the north and westward of Montreal, where the British inhabitants were threatened, and injury in several instances done to their property, to an extent to alarm them for their personal safety, and of a character to induce, at length, the government to issue a proclamation, offering a reward for the discovery and conviction of the perpetrators, but without effect, however. In fact, the arm of the civil he army al forces sc Pro- uni ni- ls to de- lat they 'f under Bruns- •ectfully lial con- ssion to Majesty d of the ieh the as been ,'e your which spcrity ; [ Hve to grace, anding ities of of the ontreal :. Eus- ghbor- Avhere injury to an , and nment or the , but le civil y^ 3GU power was now, in tlic disaifection that existed chap, throughout the wliole, or nearly so, of the rural ^^xvia parishes in that district, powerless, no one resident ^^^^ in any of them being willing, nor indeed daring, to come forward and execute legal jn'oeess of any des- cription, owing to the system of intimidation and terrorism that reigned. The conduct and language of several of the maiiistrates and militia officers at the various " anti-coercion" meetings that were held, had been so violent and seditious as finally to induce the Governor to take notice, and call some of the more cons])icuous of them to account. Letters were addressed them by His Excellency's Secretary, de- siring explanations of the language imputed to them at those meetings, as published in the public news- papers in tlieir interests. This course was treated by those prints as one of" insolence," and nearly in the same style by the individuals addressed^ most of whom, in answer, affected to repudiate their commis- sions from the crown as anti-republican, alien to the popular feeling, and, in fact, rather discredit- able thnn otherwise to the individuals holding such. A multitude holding minor offices, such as commis- sionerships for the hearing and decision of small causes in the country parishes, overawed by the spirit that surrounded them, were induced to resign, to avoid the resentment of tlieir revolutionary neigh- bors. The Ami du Penple, published at Montreal, on the evening of the 81st of October, states, that in consequence of resolutions passed at IMapierville on the 29th, a mob, headed by Dr. Cote, had gone to the houses of some militia officers in the county of L'Acadie and forced them to resign their commissions. One of the resolutions is as follows : — " Resolved,, — That all those who wish to live among the inhabitants of this parish be invited to resign, without delay, the different commissions which they i.i; ill '^' w m i ir,-i 370 Chnp. ^^o\d under tlic present Government, nnd tluit we xxxviiiwill consider, as suspected, {^retjardennis ifun Diauvais "TTT^ en'/,) lliose who may continue to hold commissions under Lord Cosford. '• Several of the officers, it aj)pcars, resigned in consequence; one, i\lr. Tiirioleon Quesnel, is men- tioned as liaving yielded only after tln-etitcned vio- lence on a second visit." Instances of this description were now very com- mon throughout the district of Montreal. There were also indications in some parts of the District of Quebec of a spirit of violence, but not of an extent to create uneasiness. The focus and hot- bed of this feeling seems to have been at St. Thomas, some thirty miles below Quebec, on the south side of the St. jjawrencc, as may be gathered from the following extracts from a Que])ec paper of July : — '' AVe laiderstand that a police officer was sent with warrants from the Police Office of tliis citv on Tues- day last, to apprehend Dr. ■"■^•■•<-^' and two otiier per- sons of St. Tiiomas, who, in their great zeal to up- hold the sovereignty of the ])eople, seized upon and ill-treated a loyal habitant v.ho was passing their meeting, at v.hich the great Tapineau was present, and had tlio temerity lo shout Virr le I{oi\ Vive VAmjIais^ for which treasonable oflence he war, obliged by the Dr. and his mo])ocrat associates to ask pardon, ^riie Doctor and one of tlic ])ersons were arrested, but the other was absent and has not yet been taken. Bail was given, but the affiiir is now brouglit under the co';>:nizance of the law, and thcv will be duly proceeded against at tne C'-iminal 'I'crm for this dis- trict to be held in September next.'' Again, The Old Quebec Garjih: luis published the affida- vits of and "i»" o." *^C ". :* --c* "iiT *?,:• both residing; in the parisii of L'Islet, establishing the cowardly ontrarro coimnitted ur>on them bv a certain ^^^"^ ^""^^* ^^^'•^*, of St.' ^rhomas, one -x^->^^-^-5^* .;nd -■^:■^(■•^^ i;nd 371 ^*^^* *^*^^ ^^Q wTVTTTvw :a^77W777v^ ^^Q^j^ oftllC 831110 plaCG, sllOp" Chsp. keepers. These documents fully corroborate ourxxxvm former statement. The offensive words uttered hy^'^J^ Leon Morin, were — Ilourra! j;o?a* h Roy Anglais! Nous avons toujours hien vecu avec les avglais, et nous viverons toujours bien ensemble.'^ And for this exclama- tion they were pursued by the gfillant patriots, — who had about three hundred assistants ready to execute their orders — were forced to return, and, in fear of their lives, to apologize for having uttered words so offensive to these loyal persons — they were abused and ill-treated, and then permitted to proceed."^ Among those militia officers who had been cited by the Governor to account for their conduct and discourses at the so called " anti-coercion" meetings, was Mr. Speaker Papineau himself, who held the rank of Major, and to whom a letter, copy whereof is given below, was addressed on the subject. His answer was brief, and any thing, it must be admitted, but courteous.f Mr. Papineau was consequently dismissed from the militia, by a General Order, a few days after the date of this letter. A multitude of other militia officers were in like i lanner dismissed shortly after. * In the prevailing phrenzy, (for such, neither more nor less, it really was,) instances of the kind need create no surprise. Some of those who, in the war of 1812 were amnn^ the foremost of the truly patriotic men of that day, in defending their country against foreign aggression, were now, in the furor of the epoch, the most deeply iaibued with this spurious, patriotism aud revolutionary mania.. f " Castle op St. Lewis, "Quebec, l2th August, 183Y." '^ <• Srn,— The attention of the Governor-in-Chief having lately been called to a vep- vt contaiued in the Vindicator newspaper of the Kith May last, of the proceedings of a meeting held on the previous day at St. Laurent, iu wliich you arc stated to have taken an active part, and where resolutions were passed, some of which distinctly recommended a violation of the Laws, I .an directed by his Excellency to call upon you as one holding a commission in f I; m ! ■ 372 I 51 i'i 1837. Chap. The deirise of his late Majesty had the effect of xxsviii delaying the measures relatinji^ to Canada contem- plated by the home Government, in accordance with the resolves of Parliament previously noticed. We find the following in the report of parliamentary de- bates, that took place with respect to Canada shortly after the Queen's accession ; — " Lord J. Russell observed with respect to the resolutions affecting Canada, they had been approved of by a large majority of that House, and without any dissent in the House of Lords; but, at the same time, he was very unwilling, at the commencement of a new reign — (Cries of ' hear, hear,') — to propose, as almost a single measure, which, although he thought it absolutely necessary, was one that bore a the militia, to state whether you were present at that meetinp^, and concurred in the resolutions there passed ; and if so, I am to en quire whether you have any explanation to offer in this matter." " I have the honor to be, Sir, "Your most obedient " Hiunble servant, "S. Walcott, " Civil Secretary-. " Tlie Hon. L. J. Papineau, " Major 3rd Batt. Montreal Militia, "Montreal." 27ie Hon. L. J. PapincaiCs reply to the above. "Montreal, lAth Jtifficst, 1837." "Sir, — The pretension of the Governor to interrogate me re- specting my conduct at St. Laurent on the 15th May last, is aa impertinence which I repel with contempt and silence. " I, however, take the pen merely to tell the Governor that it is false that any of the resolutions adopted at the meeting of the county of Montreal, held at St. Laurent on the 15th May last, re- commend a violation of the laws, as in his ignorance he may be- lieve, or as he, at least, asserts." " Youp obedt. servant, L. J. Papineau, "Samuel Walcott, " Civil Secretary." In the resolutions passed at the meeting alluded to, at St. Laurent, (cotmty of Montreal,) His Excellency was character' ised as a "traitor" and " hypocrite" — no flattering epithets certainly. effect of contem- inee -with :ed. We itary de- ia shortly ?t to the ipproved hout any he same ncement propose, ;)vigh he It bore a eeting, and [ am to en • matter." TT, cretary. 1837." te me re- ast, is aa that it is ig of the ■ last, re- may be- EAU. to, at laractcr- irtainly. 373 liarsh and coercive character. (Hear.) It was a chap. Bill that might probably be ultimately necessary, but xxxvni he dill not think it was absolutely necessary thafTT;^ they should proceed with it during the present ses- sion. (Hear.) He hoped the Assembly of Lower Canada would be induced to consider seriously the resolutions that had been passed by both Houses of Parliament, and thence be led to see that the claims they had put forward were incompatible with the relations between the colony and the Mother Coun- try. At the same time he begged it to be under- stood, that he was conceding nothing to the Cana- dians, as to their propositions for organic changes ; and he trusted that other views would animate the Assembly at their next sitting. But the Bill being abandoned for the present, it would be necessary to have a vote of credit for paying the judges and other officers in the colony, to be repaid out of the chest of the treasury in Lower Canada, should the House of Assembly not vote the sum itself." The Earl of Gosford having received instructions from the Minister, issued his proclamation on the 8th July, convoking the Provincial Parliament for the 18th of August, and the representatives accord- ingly met at Quebec on the appointed day. The attire, (en etoffe f/«*j}«;y.s, or homespun) and grotesque appearance of several of the more patriotic members, on their arrival at the seat of government, was the subject of general remark and amusement.^ The **' A number of Her Majesty's lieges of this city, — ourselves among the number, — are still suffering from ' pains in the sides,' occasioned by their cachinatory powers having been cruelly over- rated and worked upon yesterday about noon, by a number of individuals who arrived from Montreal in the steamer Canada. Those were no other than Members of the House of Assembly attired in etoffe du paiis, conformably to general orders lately issued from snmggliug head quarters. ^' JV[r. Rodier's dress excited the greatest attention, being xuiupie, witli th.i exception of a pair of Berlin gloves, viz. : frock coat of granite colored etoffe du pat/s ; inexpressibles and vest of the same § P I!' V 11 tl I' t i •.'*■ k i '■4 I": ■', * i ?l It'. y >■ 4 n .1 1 '■" k fr ': H ll-) li? 1' !i i'\ !" 874 Chap. Story of this session, if session it can be called, is soon xxxvnitold. His Excellency opened the rarlianient with "^g^the fol'o\viiij I! i,'- a78 Chap, out of tlic revenues at the disposal of the Crown, in XXXVIII part nijuidatioM of tlie Im'^^v. aiiu^ars then (hie in re- "rrrr^sprct oi' the eivil establishment of the Provinee, sliall, as soon as possible, be snl)niilte(l to von, with every ex[)Ianali()n thai yon may (U'sire, and 1 ean sup])ly. I have, likewise, in obedieneeto the Injnnetions 1 have reeeiveil, direeteil that an aeeonnt ot the baianee of arrears owinji; on the lOtli April last for oltieial sala- ries, and the other ordinary expenditure of the loeal Government, be made and laid before yon, with an estimate for theenrrent halfyear, and in reeonunend- in<^ aa 1 do most earnestly these matters to your early and favorable consideration, I am eonunanded to express to you, at the same time, the anxious hope that the Governor of this Trovinec may not be compelled to exercise the power with which the Im- perial Parliament has declared its intention of invcst- injj; him, in order to discharp;o the arrears due in respect of ])ublic services, for the payment of which the faith of the Crown has hccn repeatedly pledged. The chief object, therefore, for which you are now called together, is to afford you an oj)portuuity by granting the requisite su})})lies of rendering luuiecessary , on the part of the Imperial Parliament, any further action on the 8th of the series of resolutions to -which I have alluded ; and it will, I can assure you, be to me a matter of unmixed satisfactio'i, should you resolve to concede to the united voice of tlie British peo])lc, as expressed through tjie several branches of their Legislature, that which you have not thought it ex})e- dient to yield to the solicitation of the Executive Government alone. " Gentlemen of the Legislative Council, " Gentlemen of the House of Assembly, ^' I am further commanded to express to j^ou the earnest desire of Her Majesty's Governi..ent to co- operate with you in the removal of every obstacle to Crown, in liic in rc- iK'o, shall, itli vwvy 11 supply. )ns 1 have •alaiicc of ifial sala- thc local I with an )innK}ri(l- our early indod to ous hope not be 1 the Im- )f' invcst- J due in )f which )ledgcd. J w called [ranting , on the ction on I have o me a solve to ])lo, as f their t expe- ccutivc () ou the to co- aclc to ;i7U the hcncficiiil working of ihc cxistinj^ Constitution, chnp. and in the correction ot every detect which time andxxxvni experience have (h'VeJi'ped in the laws and *"^''^"" "TTjiT^ lions of the J'rovinee, or in the aihninistratiou of its {j!;()verninent ; and I am, also, to assure yon of a . proinpt attention on the part of Her Majesty's (Jov- ernment to every representation which may proceed from yon, teniiing to cHect, improviMncnts of this nature, calci'lated to strengthen the connexion su'o- sistiny; between (Ireal liritaiu and Lower Canada, bv the promotion of the welfare and interests of all classes of Her Majesty's sul)jects in this Province. '• At the time the summons was issuetl for assem- bUng you on this day 1 had every reason to believe that it would have been in my power to announce to you, as effected, those alterations which you may gather from the resolutions of which I have spoken, it is intended to elR^ct in the composition of the Executive and Legislative Councils, but the inter- ruption occasioned by the demise of His late Majesty, to the ])rogress of j)ublic business in the Imperial Parliament and the ])ros\)oct of its early dissolution, have prevented the Ministers of the Crown from at once ])erfecting the measures they have in contein- plaiion. These measures, therefore, are not forsaken, but only unavoidably sus])ended for a season, and I trust I shall, at no very distant period, be enabled to appeal to the changes introduced into the two Coun- cils, as well as to other salutary arrangements, as a proof of the sincerity w^ith which Her Majesty's Gov- ernment are dispos(;d to carry into eftbct the inten- tions they have expressetl on these points. " Since the end of the last session, several local Acts have expired, and I would suggest for your consideration the expediency of renewing such of them as may have proved useful. I would moreover especially invite your attention to the Acts relating to the district of St. Francis, the duration of which i ■ii i?' I'M 1837. 880 Chap, is limiled to the end of the session of the Provincial xxxTin Parliament next after the first of May hist. " The severe distress which, in consequence of the partial or total failure of the crops, was experienced during the last winter in several parts of the Pro- vince, induced me, upon the urgent re])resentations I received on the suhject, and in order to avert the approaches of famine, to grant out of the public funds that succour which the means of the suticring inhabitants were inadequate to afford. Nor did I hesitate, in the pressing emergency of the case, to assume this responsibility, encouraged by the liber- ality you have displayed on similar occasions. In granting, however, such assistance, security was in each case taken for the re-payment of the monies so advanced, in the event of your declining to sanction the transaction. These advances amount in the whole to about £5,600, for wdiich, as well as for the sums I issued for the preservation of the public works on the Chambly Canal, and for the maintenance of the quarantine establishment, i trust you will see no objection to grant an indemnity. Such of the docu- ments and vouchers connected wath the several dis- bursements as are not already before you, shall be submitted to you wdth as little delay as possible. " In conclusion, Gentlemen, I shall repeat my de- termination to adhere to those principles which I laid dowMi for my guidance wdien I first addressed you. " They are calculated, I conscientiously believe, to promote the real interests of the country, and to secure to all classes of Her Majesty's Canadian sub- jects, those rights, privileges and liberties which the spirit of the constitution was intended to impart, and which evcrv friend to that constitution is bound to support and maintain." The Assembly, immediately after the delivery of His Excellency's speech, resolved, on motion of Mr. Morin, " to take into consideration the state of the 381 Provincial lice of the :})erienccd ' the Pro- scntations avert the he piibhc suffering ^or did I ; case, to the li'oer- jions. In y was in nonies so sanction t in the is for the lie works nance of ill see no he docQ- eral dis- shall be ible. t my de- ch jf laid you. believe, and to an sub- ich the u't, and )und to very of of Mr. of ihe Province." JSo business, in tlie determination to chap, strike, was taken u[) except the Address, whic]\ being xxxvm agreed npon as follows, was presented on the twenty- TTTT^ sixth of August, the eighth day after that of the opening of the fc;ession, to His Excellency: — *' May it please Your Excellency, " We, Her Majesty's faithful and loyal subjects, the Commons of Lower Canada in Provincial Parliament assembled, lumiblv thank yonr Excellencv ibr vour Speech from the Throne at the opening of the ])rc' sent session. We assure your Excellency that at whatever season we may be called upon to perform the duties entrusted to us by the people of the Pro- vince, no personal inconvenience will prevent our labouring, as our first and most important occupa- tion, to ensure the liberties and happiness of our fellow subjects, — to remove the evils which have press a, and still continue in a more aggravated form to press upon them, and to protect them against the system which has corru])ted the Provincial CJovern- ment, and has been sufficiently powerful not only to cause the Mother Country to refuse all justice to the people with regard to their demands and ours for the improvement of their political institutions, and lor the reform of abuses, but to urge on the highest metropolitan authorities from whom we looked for justice and protection, to acts of violence, to a viola- tion of the most sacred and best established rights of the Canadian people and of this Legislature, ayd to the destruction of the very foundations of Govern- ment. We are, then, bound by our duty, frankly to declare to your Excellency, under the solemn cir- cumstances in which we are placed, and after full and calm deliberation, that since the time when we were last called to meet in Provincial Parliament, we have seen in the conduct and proceedings of the MetropoHtan Government, and of the Colonial Ad- % < i .' i 3 ;:' i t, .1 *hl I BS'2 i'*j m 1 . * I - Chap, ministration towards this country, nothing which *^^^'" could re-estabUsh in the people the confidence and 1887. affection which the long and fatal experience of the past has almost destroyed ; but that, on the contrary, every recent event has tended to efface what remained of these feelings, and to consolidate, in opposition to the liberties, interests and wishes of the people, the Colonial Oligarchy factiously combined against them, and the hitherto unbridled and uncontrolled sway of the Colonial Ministers in Downing Street. '' The avowal which it has pleased your Excellency to make to us. that the disposition of the authorities and of Parliament with regard to us, and the op- pressive and unconstitutional measures which have been the result, are the consequences of the recom- mendations made by certain pretended authorities known by the name of the Royal Commissioners, has convinced us of the correctness of the opinions we have heretofore expressed with regard to this Com- r»iission, which, constituted and acting under no law, and^vithout regard to la>v, and bound beforehand by its instructions to the partial views and narrow policy of the British Ministry in the government of the colo'ies, could not possibly co-operate in doing- justice to the inhabitants of this Province, and in establishing their institutions, their liberties and their prospects for the future, on the solid basis of their v'isbes and their wants, as well as on the principles of che constitution. We were therefore in nowise astonished at discovering in the productions of this pre- tended commission nothing but preconceived opinions, prejudices at variance with its mission and its duty, idrus of government founded on data utterly foreign to the country, or at finding it fomenting divisions and national distinctions, forgetful of con • •stitutional principles, calumniating the provincial representation, and practising deception towards this House and towards the people. We are bound espe- 888 'it Ing which clei^ce and ice of I he ; contr.uj, ; remained 3osition to ?ople, tlie nst them, d sway of xcellency uthoritics i the op- lich have le recom- uthorities mers, has nions wc lis Com- r no law, ihand by 'w policy of the doing and in lid their of their incipies nowis'3 nispre- pinions, duty, utterly lentiao I' ^ n con ■ •viucial ds this espe- cially to notice in the reports in question one essen- chap, tial and paramount contradiction which pervades xxxvm every part of them, and forms their essence. It is, TTJ^' that, while they admit the reality of the greater portion of the abuses and grievances of which we have complained, the Commissioners do not recom- mend their removal and the destruction of the causes which have produced them, but an act of aggression against this House which has denounced them, and the absolute destruction of the representative govern- ment in this Province, by the illegal and violent spoliation of the public moneys of the people, by the Ministers or by the Parliament ; whereas it was the duty of the Commission and of the Mother Country to assist this House in the entire removal of these evils, and in rendering their recurrence impossible, by re-constituting the second branch of the Legisla- ture by means of the elective principle, — by repeal- ing all laws and privileges unjustly obtained^ and by ensuring the exercise of the powers and legitimate control of this House over the internal affairs of the Province, and over all matters relative to its territory and the wants of its inhabitants, and more especially over the public revenue raised therein. " These remarks will render unnecessary a portion of those which we might have been led to make on the series of resolutions spoken of by your Excel- lency, and which being proposed by Lord John Russell, one of the Ministers of the Crown, were adopted by the two Houses of the Parliament of the United Kingdom. We perceive in this measure on the one hand, a formal and total refusal of the reforms and improvements demanded by this House, and by the people, and, on the other, an abuse of the powers of Parliament, for the purpose of destroying the law s and constitution of this Province by force, violating with regard to us the most sacred and solemn engage- ments, and of thereby establishing irremediably on ■ i' ii I ' 884 Chap. t^^G ruins of our liberties, and in plaec of the legiti- xxxvnimutc, efficient and constitutional control which is'-il^ this House, and the people tln'ough it, have a right to exercise over all the branches of the Executive Government, corruption and intrigue, the pillage of the revenue, and ihe self- appropriation of the best resources of the country by the colonial functionaries and their dependants, the domination and ascendancy of the few, and the oppression juid servitude of the mass of the inhabitants of this Province, without dis- tinction of class or of origin. " It is our duty, theretbre, to tell the Mother Coun- try, that if she carries the spirit of these resolutions into effect in the Government of British America, and of this Province in particular, her supremacy therein will no longer depend upon the feelings of affection, of duty and of mutual interest which would best secure it, but on physir^al and material force, an element dangerous to the governing party, at the same time that it subjects the governed to a de<2;ree of uncertaintv as to their future existence and their dearest interests, which is scarcely to be found under the most absolute governments of civilized Europe. And we had humbly believed it impossible that this state of permanent jeopardy, of hatred and of division, could be wittingly perpetrated by Eng- land on the American continent j and that the liberty and welfare of every portion of the Empire were too dear to the independent body of the English people to allow them to prefer maintaining, in favor of the functionaries accused by the people of this Province, the system which has hitherto been its bane. " If, even before the opening of the present session, we had been undeceived in this fond hope by public report, if we had little expectation that a sudden change in the councils of the Empire should place us at once in possession of the benefits of the constitutive reforms which we had declared to be 385 the legiti- ol which Lve a right Executive pillage of f the best ictionaries scendancy ide of the ithout dis- her Coun- esolutions America, upremacy cehngs of lich would rial force, party, at rued to a tencc and be found civiUzed iiipossible atred and bv Eno;- le hberty were too people 3r of the rovince, present nd hope n that a e should ;s of the d to bp essential, and such as would alone be sufficient, it chap, was still natural that we should most anxiously look xxxvm forward to our being called together in Parliament, ~^^ because it was to be supposed, at least, that most important reforms had been effected in the adminis- tration of the Government, and that others were speedily to follow them: We have learned with fresh regret from your Excellency's speech, that no such reform has been effected, or will be so at any near and determinate period ; notwithstanding the so often repeated pledges of the Government. Your Excel- lency has been pleased to allude distantly to the improvement of the personal composition of the Legislative and Executive Councils of this Province. With regard to the Executive Council, we shall here forbear any painful reflections on the unmodified existence of that body, after it had been so solemnly repudiated by your Excellency in the name of the Crown, and on its co-operation with the other por- tions of the Provincial Executive in a system of pre- meditated coercion to effect the overthrow of the laws and constitution, of incrimination, persecution, and arbitrary removals from office, directed against the mass of the people who remain feithful to the true principles of the British Constitution, and who have manifested their attachment to their assailed liberties. We further represent, that the present Executive, having, instead of performing its promises of justice and the removal of abuses and griev- ances, entered upon the dangerous and slippery path which has been the ruin of preceding admmis- trations, and having utterly alienated from it the affection of an important portion of those of Her Majesty's subjects most devoted to the liberty and welfare of the country, in order to bestow its confi- dence and that of the Government partially, on those only who flatter it, no longer possesses in the person of its Chief or in those of its other mem- R I- )' lit 381) i m Chap, ^ers the capability of effecting the reforms indispen- XXXVIII sal)ly necessary as preliminaries to any arrangement "TTC^ between the Government of the Mother Country and the colony, in a ju&t, equitable, and impartial man- ner, adapted to satisfy this House and the people, and more especially to ensure between the several branches of the Legislature that co-operation and that uniformity of general views which we persist in believing to be absolutely requisite. We should have hoped that as a pledge of the sincerity of the Gov- ernment, the Legislative Council would have been so remodelled as to enal)le us to ascertain up to what point it had been rendered capable of legislating conformably with the wishes and wants of the people, and to act according to the conclusion to which wc might have come on this important subject. This essential reform having been omitted, we are bound to declare that our duty towards the people by whom wc are sent here, imperiously requires us to follow, under existing circumstances, the course adopted by \ us in our Address of the thirtieth September, one thousand eight hundred and thirty-six ; we therefore persist therein, as well as in all the declarations and demands therein contained. '^ The reforms which your Excellency announces as having been delayed, will, nevertheless, if effected, in a spirit of justice and harmony, become a power- ful motive with us for examining; whether the Lcms- lative Council in its present form of constitution, could even for a tim.e co-operate with us in a system of Legislation conformable to the interests of the people, and of thereby ascertaining whether it shall nave been so remodelled as to induce us to manifest confidence in Her Majesty's Government. " Li our efforts to remove the evils which have pressed upon our country, wc have had recourse to none but constitutional means, founded on the most approved and best recognized principles. We have 387 ndispcn- ngcmcnt ntry and ial mari- 2 [X}Oplc, 3 several tion and persist in )uld have [he Gov- ive been p to what ?gislatino; e people, vhich wc ct. This re bound by whom ;o follow, opted by iber, one [lereforc arations mounces effected, power- Legis- titution, svstem of the it sliall manifest ch have mrse to he most Ve have I it so much at heart, to see the (Joverninent once chap, more deserve the ])ul)]ic confidence, lliat lo assist itxxxvm in attaining that confidence we should recoil before no T^CT' sacrifice but that of the liberties or of the honor of the peo})le. We have jj;iven })roof of this disposition, even of late, whenever we have ])ecn able to entertain a hope that we were thereby aiding to advance the pros- perity of the country. But we declare, that in the present conjuncture we have not been able to derive from your Excellency's speech, or from any other source, any motive for departing even momentarily from our determination to withhold the supplies until the grievances of the country are redressed. " Your Excellency acknowledges that the chief object for which we are now convened, is to aftbrd us an opportunity by granting the supplies, of pre- venting their being violently taken under an Act of the Imperial Parliament founded on resolutions already adopted. In the absence of any other mo- tive for thus recurring; to our authoritv, than the tardv considc?.i/ion of the character of tliose resolu- tions as well as of the act of which they might form the basis. Her Majesty's Government might, ' we humbly conceive, have recollected that those resolu- tions are not our work, that we had already fully deliberated on the demand made to us by your Ex- cellency, and that while we have not before us any act, or even any hope Tvhich can promise a mitiga- tion of the evils under wliich the people are sufier- ing, we should not be justifiable in placing in the hands of hostile powers the means of aggravating and perpetuating those evils. " There could exist, then, no considerations but such as might be dictated by a servile fear foreign to our mandate and derogatory to the character of the people, to induce us to be wanting to our duty in the present instance, by ratifying the violation of the rights of our constituents, and of this House, by the ;1 I 1f I ? d 388 Chap. I^nt^ish authorities, and by taking on ourselves the xxxviiiresponsibiHty of the consequences which might re- "TyT" suit from it. We leave this responsibility to those who have assumed it, and strong in the justice of our cause we rely, as we have heretofore done, on Providence, on the public and private virtues of all classes of the people, on their constancy, their per- severance, and their attachment to the principles of order and liberty which, following their example, we have unceasingly striven to maintain. " In thus expressing our wish that a commence- ment of reform had tended to re-establish confidence, we cannot have been misunderstood as to the motives which actuate us. We repeat, nevertheless, that we shall regard all administrative measures whatsoever as insufficient permanently and effectively to ensure the peace, security and happiness of the Province ; and that the essential and constitutive reforms which we have demanded, and especially the application of the elective principle to the Legislative Council, the repeal of all undue privileges and monopolies, and of injurious laws passed in England, the free exercise of the rights and privileges of this legislature and of this House in particular, and the establishment of a po- pular and responsible government, are the only means by which the advantages herein before mentioned can be ensured, or the political connexion with Great Britain rendered beneficial to the people of Canada. "It is, therefore, our ardent wish that the reso- lutions adopted by the two Houses of Parliament may be rescinded, as attaqjking the rights and liber- ties of this Province, as being of a nature to per- petuate bad Government, corruption and abuse of power therein, and as rendering more just and legitimate the disaffection and opposition of the peo- ple. If this return by the Government of the Mother Country to what we consider its duty towards iirselvcs the h might rc- ity to those ic justice of 'e elone, on rtucs of all ', their per- irinciples of example, we commence- confidence, > the motives less, that we whatsoever ly to ensure e Province ; forms which pplication of Council, the olies, and of exercise of e and of this ent of a po- only means mentioned exion with people of t the reso- Parliament s and liber- ure to per- abuse of just and of the peo- the Mother y towards d fi this colony, should take place under the Reign of chap. Her Most Gracious Majesty Queen Victoria, we are xxxvin unable to express to your Excellency how warmly ^T^JT' i we should congratulate ourselves on having perscver- * il ed in claiming justice for the people, notwithstanthng the peculiar obstacles and difficulties which have tended to deter us. **The special and local subjects pointed out by your Excellency, and in particular the advances of public money made to relieve the distress in certain parts of the Province, and for other purposes, will form the subject of our deliberations as soon as cir- cumstances will permit, and whenever we shall be no longer prevented from considering them."* To this Address (presented on the 26th of August) His Excellency answered : — Mr. Speaker, and Gentlemen of the House of Assembly, " The Address which you have just presented to * (in COMMITTKJE.) " Mr. Stuart proposed the following resolutions in amendment to the motion of Mr. Morin, that his draught of the Address in an- swer to His Excellency's Speech should be read paragraph by- paragraph. The Hon. member (Mr. S.) stated at the same time that it was his intention, if they should meet the concurrence of the House, to move that the resolutions should then be referred, with the Speech, to a Special Committee to prepare an Address in conformity therewith : — " ' That in the present state of this Province it is the duty of this House in so far as depends upon it, to provide for the most pressing ^ wants of the Province, and the support of Her Majesty's Govern- > ment. Yeas, 13 — Nays, 63 't. " ' That it is the duty of this House to maintain its fidelity to the * | Crown, and to support the connexion of this Province with the United Kingdom of Great Britain and Ireland ; using at the same time all constitutional means for the removal of the obstacles which hav'i hitherto retarded the advancement and prosperity of the Province, and of securiug to Her Majesty's subjects therein a better and more efficient Government than they now have.' " A long debate took place on the 1st Resolution, in which the Speaker, Messrs. Gugy, Cote, De Bleury, Lafontaine, Rodier, Clap- ham and others, took part, and on a division the resolution waa negatived. Yeas, 16 — Nays, 61." 'V. iiOU Chap. ^i<^- A bIuiII lose no tiiiu' in tninsmitlin^' for the intorin- xxxvui atioii of Ilcr ?»Iajcsty's (loveniinc'iit. I cannot, liow- *T?CT' ever, refrain From ex[)ressino- the dei p e- .in and regret which 1 experience at learninji; frc; that you persist in your determination to dej)rivc ilie country of the benefits of domestic legislation, tuitil all tiie demands you have lu'gcd shall have becFi granted — demands whleli it is not in the power of the Execu- tive Government to grant, and which on being sub- mitted at your request to the judgment of the highest authorities of the Empire, they have solemnly de- clared it is inexpedient to grant. " The voluntary and continued abandonment of your functions as one branch of the Local Legisla- ture, notwithstanding the assurance you have re- ceived from the high authorities to whom you have aijpealed, that improvements will be made in the Executive and Legislative Councils, while it daily increases the evils under which the Province labors, is at the same time a virtual annihilation of the con- stitution under which that Legislature derives its existence. " Being thus unhappily denied that assistance which I had hoped to receive from the representa- tives of the people for relieving the country from its pressing difficulcies, it only remains for me to assure you that I shall exercise, to the best of my judgment, the powers vested in me as the Representative of our Sovereign, for the preservation of the rights and the advancement of the interests and welfare of all classes of Her Majesty's Canadian subjects." He then immediately, after the Members had re- tired from his presence, issued a proclamation pro- roguing the Parliament, as Lord Dalhousie, on a particular occasion, (with respect to the Speakership,) had done, and they met *no more. It had become necessary, owing to the recent demise of the Crown, that the Members of the Legislature should, previous i .391 lie iiiioriii- uiot, how- • v-rii and that you le country itil all the granted — he Execu- )cinji; sub- he highest .'mnly de- \u Lh >1> >i' th lalve the oalh ofaiic-zi" )nment of 1 Lcgisla- havc re- you have -le in the e it daily ce labors, " the con- erives its issistance prcsenta- i from its to assure idgment, ve of our 1 and the e of all had rc- lon pro- , on a Lership,) become Crown, previous icfsbion. ance to the new Sovereign. This was spoken of by xxxvm several as a>i uimeecssary and idle form ihat ought "^7^ to be dispensed wilii ; finding it, however, indispen- sable, it wiw taken rcluetantly, and, it is said, not without undisguised (I'ijouf by Mr. Speukcn* Papineau and his more enthusiMstic ibllowers, and accordingly the value they altached to it will shortly ])e seen. Several of tluMu, it is })aiufijl to observe, were in open insurrection agjiinsl Jicr authority, and firing ujxni her troo])s iu less than four months after thus Roleimdy pledging themselves to their just allegiance to the Crown and young Sovereign of England, and to the maititenance and support of her (jioverinnent in Canada, Upon the demise of the late King, and Her Majesty's accession to the Throne, a solenm Te Dcum waschaunted in the Roman Catholic Parish ''ihurches throughout the Province. It was, ho we vei, but ill received in several of the Parishes in the District of Montreal. Pointe aux Trembles, St. Isidore, and Vaudreuil, were particularly noticed by the reform or i)atriotic papers for their zeal in distiu'bing these loyal demonstrations of the Clergy in this respect, some of whom were threatened with popular violence for it. It was pretended by the patriots, that this pious and loyal act of thanksgiving to the supreme Ruler of the Universe, chaunting the Te Deum in a Roman Catholic Church in honor of Her Majesty's accession, and, by the same rule, the offering up of prayer for the Queen, the Royal family, and the two Houses of Parliament, converted the Church into a political conventicle. The seditious hypocrites, thus pretending to take offence on the score of respect for religion and the sanctity of the place, rising from their seats, and retiring from the Churches on the occasion, were nevertheless themselves, be it ob- served, in the constant habit of addressing the i' 3il2 \a 1837. Chap ftsscinblcHl habitants on Sundays at the Chtirch doors xxxviu immediately after Divine Service in the forenoon, preaching *^ notre nalionalite^'' and vehemently in- citing them to treason and insnrrection, towartfs the consnmmation of it, as a duty and a virtue. In addition to the loyal movements at Montreal and Quebec already noticed, and others in the Town- ships inhabited by persons of British birth or origin^ one took p4acc in Glengary, Upper Canada, soon after the prorogation, deserving of notice, in which the loyal Scotch Highlanders, or inhabitants of High- land descent, chiefly constituting the population of that county, unequivocally expressed themselves, and in a manner cheering to their countrymen, and to the loyal inhabitants generally in Lower Canada. The following are the resolutions passed on the occasion : — " Mesolvedy — That as faithful subjects of Her Ma- jesty our most gracious Queen, and bound alike bj duty and inclination to maintain Her Government in anci over this portion of her dominions ; we cannot but view with extreme concern and regret various proceedings, prompted principally by persons con- nected with the Legislature in our sister Province, intended by their movers, and avowed to be so intended, to bring about a revolution in these Pro- vinces, and if possible, a separation from the Mother Country. " Mesolvedy — ^That while we disclaim any desire to interfere in the internal affairs of our sister Province, we cannot be insensible that the interests of Upper and Lower Canada are inseparably connected, and that any violent political struggle or convulsion in the one, must necessarily extend to and involve the other, and that it, therefore, becomes not only a matter of prudence, but of duty on the part of*^ all loyal subjects in this Province, plainly to declare, as the county of Glengary now unequivocally does, adJ tirch doors forenoon, ncntly in- warcfs the Montreal the Town- or origin, ada, soon in which I of High- ilation of tjlves, and ind to the a. d on the Her Ma- aHke hj nment in e cannot various 3ns con- rovince, be so sc Pro- Mother lesire to rovince, Upper ed, and Ision in Ave the only a 't of all lare, as does, I that every effort on their part will be used, at all (jhap. times and under all eireuinstauees, to discouuteuauee xxxviii all seditious and treasonable praetiees, and to ])ut "TIJT' down any attempt at revolution, wherever the same may orifrinate. *' Ilr.sn/rn/, — That the recent proceedings of tlie House of Assembly of Lower Canada, and the claims and pretensions set forth in the answer of that body to the speech of His Excellency the Governor in Chief, at the opening of the late session, cannot leave room to doubt, if any doubt previously existed, that it is the determination of the leading Members of the Assembly, to accept of nothing less than an absolute surrender of all control on the part of the Government of the Mother Country, and an abandon- ment of the principles on which monarchical institu- tions are foiuuled. " Rcsohed, — That while we anxiously desire that the blessings of good government should be enjoyed by all classes of our fellow subjects, and to that end would rejoice at the removal of any well grounded cause of complaint, we can perceive but little reason to hope that any change for the better can proceed from, or be brought about by men, who, professing the strongest attachment to the interests of the people at large, too plainly exhibit in the two Provinces, that they are influenced by considerations wholly apart from the public welfare, and who, disregarding the solemn obligations of an oath of allegiance, strive, by every means within their reach, to create discontent and disloyalty, and to overturn the Govern- ment to which they have sworn to be faithful. " Resolved^ — That whatever evils may exist in the Government of these Provinces, and we have yet to learn that any form of government is exempt from some evils, we are firmly persuaded that it is the anxious desire of the Imperial Government, lo adopt towards these colonies such a course as shall be best r2 t \M V i •■ ^ il 391 Chap, calculated to promote the peace, welfare and p;ood yxxviii government of their inhabitants, and that we are too |i '^'TT' sensible of the advantages which we now enjoy, Hi. under the fostering care of one of the greatest and freest nations of the earth, to desir<^ or seek a change in our political condition. " Resolved^ — That this meeting express in their own name, and that of all the loyal inhabitants of the county, their utter disgust at the insolent dis- regard of the respect due to his station, exhibited to His Excellency the Earl oi Gosford, by persons within his Government, and especially by the Speaker of the House of Assembly, from whose high station a more discreet and decent line of conduct might reasonably be exjjccted. " Resolved^ — That an Address, founded on these resolutions, be presented to His Excellency Sir Francis Bond Head, Ijieutenant Governor of this Provhiee, respectfully praying him to communicate the same to His Exceliency the Governor in Chief, with an expression of the determination of the loyal inhabitants of Glengary, to stand firm by the Throne and Ahar, and cordially co-operate with him in main- taining unsevered the connexion so happily subsist- ing between Great Britain and her American colo- nies. The Constitutional Association of Montreal issued on the 4th of September " an Address on the Legis- lative Union of Upper and Lower Canada," more able and interesting from its statistics than any that hitherto had appeared upon the subject.* While, however, the constitutionalists were pre- paring for the coming emergency, the work of treason was not less actively and openly carried on. A num- ber of young soi disant patriots at Montreal associated themselves under the title of '^ Jils de la liber fe,^^ {Sorif> * Appendix, letter F. i 5 'a I f 395 ind ^^ood e are too vv enjoy, itest and a change in their •itants of lent dis- ibited to persons Speaker 1 station 3t might )n these nev Sir of tliis lunicate i-i Chief, lie IojrI Throne n main- subsist- n colo- issued Legis- more ly that c pre- reason I num- )ciated of hiherty^) assembHng as a military corps, with firc- chap, arms, and drilling, as if sanctioned by the authorities xxxviu of the "nation," issuing also a manifesto (imitating, in'T?^' style and pretensions, that of the famous Declaration of American independence) declaratory of the causes and objects of their arming and organization. This piece of fanfaronade was pompously displayed in the "patriotic" papers, with/<;r///-//i'6 names of those "Sons of Liberty," (chiefly idle boys, stripling attornies, and merchants' clerks,) as the substructure and cornerstone of the future Canadian Republic, and the commence- ment of a new and glorious era for Canada. " The authority of a parent state over a colony" — says this truly mimic document, memento of the rage and folly of the times — "can exist only during the pleasure of the colonists; for the country being established and settled by them, belongs to them by right, and may be separ- ated from all foreign connexion whenever the incon- veniences resulting from an Executive power resid- ing abfoad^ ceasing to harmonize with a local legis- lature, makes such a step necessary to the inhabitants, for the pursuit of happiness." Again, — " A separation has commenced between parties which will never be cemented ; but which will go on increasing, until one of those sudden — those un- foreseen events that attend the march of time, affords us a fit opportunity for assuming our rank among the independent sovereignties of America. Two splendid opportunities have been lost. Let us not be unprepared for the third. A glorious destiny awaits the young men of these colonies. Our fathers have passed a life of vexation in daily struggles against every degree of despotism. As they pass from the world they leave an inheritance improved by their patriotic sacrifices. To us they commit the noble duty of carrying onward their proud designs, which in our day must emancipate our beloved coun- try from all human authority except that of the bold democracy residing within its bosom." ;■■,. I Mill ««■ ^n t 1^ ;( I i' ^1 i! i- m 396 Chap. Ill the county of Two Mountains, and in various xxxvin other parts in the same district, " anti-coercion,"* or, *^'T more properly to speak, revolutionary meetings were also about the same time held, in co-operation with the central permanent committee at Montreal, and resolutions adopted to dissolve Her Majestji's Law Courts, by superseding them by local tribunals of popular creation, to which exclusively all matters of dispute among the inhabitants were to be referred, and decided by them, it being understood that theii de- cision was to be final and binding, f These courts • Mr. Neilson observes — " These meetings, in the spirit of imita- tion and deception which characterize the faction with which the/ originate, are styled ' anti-coercion meetings.' If meetings were held to oppose the measures of the House of Assembly, they might, in truth, be so styled, for 'that body alone has as yet resorted to any coercive measures. They have brought ruin on the country for the last three or four years by an attempted coiercion to effect a change of the established' constitution, and we believe there are few who ',-xpect they will do any thing for affording relief. That will come, however, from the British Government and the loyal inhabitants of the Province, who can now no longer be deceived as to the true character of iti, disturbers." — Quebec Omette, 12th May, 1837. t The violence in this county had manifested itself at an early period of the present season, as may be understood by the follow- ing extract froni the Montreal Gazette of the 1 5th July : — " A gentleman has just called on us, and states, upon the authority of letters which he had received from St. Eustache, in the course of tho forenoon, that things are beginning to assume an alarming aspect in that part of the coimtry. The people were flying into the village, alarmed at the appearance of armed bodies of men coming from Grand Brule. Some of the Scotch settlers of Cote St. Joseph had left their homes, leaving their property to its fate. A large party had been parading themselves armed on the Cote, uttering vengeance upon all loyalists, because one of their party bad been arrested by the High Constable, and whom they intended to have rescued, but were too late. " Another hotise had been fired into on "Wednesday evening in Cote St. Mary ; and the house of one Pich6 and two others had been broken. The servants of a gentleman, while proceeding to their work in th^j fields, were chased away, and told, that if they would attempt to work, they should be shot, We are also inform- ed, that MessrB. * * * and * * , with a large party from Oraqd Brule, were firing off guns, and threatening vengeance upon all the loyal inhabitants in that neighbourhood. " We are informed on good authority, that although the leaders 397 -h the leaden were to be held by *' Pacificator Judges," {j^lges de chap. jmix amiahles compositeurs^) elected by the people of xxxvm the parish or other locality for which they were to 'T^JT' be constituted.* The organization of a military force was also enjoined. "The military code" (says one of the papers of the day) " of this North West Republic of Loiver Canada, is comprised in the following resolutions : — " Resolved^ — That the reformers who have begun to drill, shall form themselves, in each parish, in voluntary companies of militia, under the command of officers elected by the militiamen, and shall be drilled in the management of fire-arms, and in light infantry evolutions and movements, "Returns of such corps shall be transmitted, firom time to time, to the Permanent Committee, which binds itself to provide for those of the said corps who shall distinguish themselves by their good order and 'superior discipline, whatever arms and accoutre- ments they may require. " Officers of militia already dismissed by the Gov- ernor in Chief, or v/ho hereafter shall be deprived of their commissions because of their patriotism, shall be re-elected by the militiamen. " Resolved, — That the proceedings of this sitting be of the popular commotions in the County of TVo Mountains, con- tinue their Sunday harangues at the Church doors ; yet that they have considerably abated in their tone of defiance, since the report has been spread among them, that it was in contemplation to send out some troops to keep the peace in the disturbed quarters. * " The Montreal Mhierve of the 1 6th of October, gives an actouut of a meeting at St. Joachim, in the County of the Two Mountains, on the 15th. Laurent Aubry, dit Tecle, in the chair; Dr. Chenier, Secretary, at- which twenty-two persons (whose names are given) were elected Justices of the Peace (pacificateurs) for four parishes. " The first resolve was, that the permanent Committee of the Couiity was a legitimate body derived from the people, and ought to be obeyed by all reformers ; and it will be recollected that the said Permanent Committee had previously declared that all those who will not obey, are treated as public enemies.^* — Neilson's Que- bec Gazette, Oct. 20, 1837. :rl I J IF ' i ■M I III 398 Chap, communicated to the Central Committee at Montreal, xxxvm and published in the reform newspapers. 1887. " By order, (Signed,) " J. Watts, " Correspondinjy Gccretary." These indications, not to be misunderstood, of a revolutionary purj )se, induced the gentlemen at Montreal, who had proposed the previous autumn to form a rifle corps, again to tender their services to the Governor in Chief in case of need. A deputa- tion from Montreal accordingly waited upon his Ex- cellency at Quebec, on the 7th of October, to whom he gave the following answer : — " I request you, gentlemen, to acquaint the peti- tioners who, through you, now tender their ser- vices to Her Majesty, by desiring to be enrolled as a Volunteer Corps, that although I must decline to accede to their proposal, yet I derive much satis- faction from the assurance conveyed by the tenor of their petition, that, in the event of any extraordinary municipal aid being required, I can rely with confi- dence upon their loyalty and their attachment to the principles of good order for any assis*^Lnce that may be necessary to support the laws, and preserve public tranquiUity; and I feel persuaded that the good sense and reflection of the petitioners will at once supply reasons of sufficient weight to secure their concurrence in the soundness of the conclusion at which I have arrived." To many of those who are not thoroughly ac- quainted with the state of Lower Canada, and the agitated feeling of the great majority of its inhabit- ants, at this period, it may seem strange that the Executive did not take legal measures to check the seditious spirit which now, more or less, in all quar- ters of the Province manifested itself, but, in the almost yiontrcal, TTS, tary." >od, of a cmen at Litumii to rvices to deputa- his Ex- to whom he peti- eir ser- rolled as 3cline to ch satis- tenor of ordinary ;h confi- iient to lice that ircservc :hat the 3 will at secure iclusion lily ac- md the nhabit- bat the ?ck the I quar- ! almost 39U universal prevalence of disaffection, all legal recourse would have been futile. The very sources of justice were poisoned. The people, and their representa- tives, the juries, the bar, the be nch even, were all tainted, more or less, with the political leprosy of the times, and not to be relied upon for a sober and un- biased verdict upon the guilt of any political c!ilprit who might have been selected as a fit subject for example. The greater and more flagrant his guilt, the greater probably would have been his merit in the estimation of his judges, and with it the chances of a verdict in his favor, and his acquittal in triumph and with eclat. The Government was palsied and power- less, while its officials, unpaid for their services during the four previous years, were in a state of despond- ency. Many of them, their credit being exhausted, wore destitute of resources, and moreover uncertain whether the next step of the Home Government, so slow and uncertain in its movements, might not be, by the abandonment of the country, to cast them adrift to be dealt with according to the tender mer- cies of the revolutionary faction, kept now in check only by the British population in Quebec, Montreal, and the Townships, who, it is true, feeling themselves sure of support from their countrymen in the neigh- bouring Provinces, also prepared for action with an ardour worthy of their lineage. It was clear from the spirit that universally pre- vailed, worked up as it had been to phrenzy by the ruling agitators, and rural demagogues in their inter- ests, who in all quarters actively co-operated with them, that nothing short of a crisis could restore to the Gov- ernment its just and necessary authority, and equally evident that the moment was now rapidly approaching, but not more so, since it seemed inevitable, than was eagerly desired by those who were* determined at all events to stand by their allegiance, repel the shock, and succeed or perish in the conflict, desperate, Chap. XXXVIII 1837. i r\.\ \un 1:: • iKM^ta.^,.., . r it' 400 Chap, as from tlie exasperation that prevailed, they reason- xxxvinably supposed it would be when it came on. Both "T^^ parties indeed anticipated the event with the deepest interest and equal confidence, though with very dis- similar aspirations ; the revolutionary to establish, in the disorganization and general break-up of so- ciety, their nationality and independence as a republic, never seeming to entertain a doubt of their ability to realise it by force of arms when the struggle should occur, counting also on the sympathy and assistance of the neighboring republic ; the Govern- ment and its loyal adherents, on the contrary, looking forward to the crisis with equal anxiety and eagerness for the restoration through it of order and the domin- ion of the laws. A great agitation meeting took place at St. Charles, (River Richelieu) the 23rd October, at which dele- gates attended, including Mr. Papineau from the Six Confederated Counties, as they were now denomina- ted, L' Acadie, being on the present occasion admitted into the confederacy of the five counties previously combined in the revolutionary scheme.^ (From the Vindicator.) * " St. Marc, Tuesday morning. Four o'clock." " The meeting of the five counties took place yesterday, at noon, at St. Charles. There "were present at least fire thousand per- sons. Many estimate the number much higher. The roads through the country are in a bad state. Were it not for that cir- cumstance, the number present at tlie meeting would have been double what it was, The delegates from the several parishes wero in regular attendance, and appeared to feel the importance of the business which brought them together. " A large number of delegates arrived on Sunday afternoon, and assembled privately at St. Charles, in the evening, when they named a Committee to prepare a set of resolutions to be presented to the meeting. This Committee made a report of the resolutions which they had prepared, to a meeting of the delegates, yester- day mormng, previous to the opening of the general meeting, when they were discusssed and a draft reported was received. At a little after noon, the proceedings of the day commenced. The people met in a large meadow, near the village, belonging to Dr. Duvert, where a hustings had been prepared. Among the gentlemen present were thirt«en Members of the House of Assem - 401 they reason- e on. Both 1 the deepest nth very dis- to estabhsh, ak-up of so- fis a republic, their abiHty the struggle inpathy and the Govern- rary, looking nd eagerness d the domin- t St. Charles, which dele- from the Six V denomina- ion admitted previously i'our o'clock." erday, at noou, J thousand per- The roads lot for that cir- uld have been sveral parishes he importance day afternoon, ing, when they o be presented the resolutions egates, yester- leral meeting, •was received. y commenced, e, belonging to Among the mso of Assem - f The disorganizing and treasonable character of the ohap. resolutions passed on this occasion, the audacious xxxvm speeches wherewith, on their passing, they were ac- "T^^ companied, and the effrontery with which they were paraded in the columns of the English organ of 'he reformers J the " Vindicatory'^ and trumpeted by its editor, left no room to doubt of the predetermined and desperate purposes of the leading agitators and their zealous but deluded followers. The base attempt to divert the soldiery from their allegiance and duty, and to desert, by affecting to " commiserate the unhappy lot of the soldiers," and holding out with this view, that *' the people of these counties would throw no obstacle in the way of the men belonging to the regiments stationed in this District, should they desire to improve their condition by emigrating (i. c, to desert) to the neighbouring republic," was the most criminal step that had yet been proposed towards the disorganization of Her Majesty's Government, and unequivocally ex- hibited in noon-day light the diabolical purpose of the assembled soi-disant reformists and patriots. The bly, and one Member of the Legislative Council, who came as de- legate from Vercheres. Every gentleman of character and influ- ence on the River Chambly, and adjoining parishes, was on the ground, and among them were to be seen many who up to this day, entertained very moderate opinions, but whom Lord Gosford's policy has driven into a determination to stand by their country, come what will." " Wolfred Nelson, Esq., of St. Denis, presided over the meeting. J. T. Drolet and Dr. Luvert were the Vice-Presidents. The Se- cretaries were, (I believe,) Messrs. Girod and Boucher-Belleville. The meeting was addressed by the President; the Hon. Mr. Papineau, L. M. Viger, Esq., M. P. P. ; L. Lacoste, Esq., M. P. P. ; C. H. O. Cote, Esq., M. P. P. ; E. E, Rodier, Esq., M. P. P. ; T. S. Brown, Esq., and Mr. Girod. The resolutions passed on this oc- casion are thirteen in number. It is impossible to send a copy herewith. As far as I can judge by hearing them read on the ground, they may be said to be moderate in spirit, compared with the times in which we live. They commenced by briefly enumer- ating the Rights of Man, among which is that of changing its poli- tical instltutiODs, and altering the form of its Government when- 1837. 40:i Obap. pcriitUoiis iiiviuitiou iiiul proiuuicd lacility luidj liow- xxxvincvcr, no cfl'cct. It is a fact creditable to the army then ill Canada that, from hencclbrth to theoiitbrcakj and thenceforward during the troiil)les in this and the ensuing year, not a single desertion occurred. As a set-ofF to the al)ovc, a great Constitutional meeting was held at Montreal, at which it was said upwards of seven thousand individuals attended, and on the same day as that at St. Charles ; the Hon. Peter McGill, ever foremost in loyal agitation and acts of loyalty to his Sovereign and country, })residiiig. The following resolutions, passed on the occasion, were carried with unanimity and acclamation : — " Eewlved, — That all citizens have an equal right to the protection of the Government, which consists not merely in the suppression and punishment of disorder, but in the employment of adequate means to anticipate and prevent the commission of those crimes with which the social state may be thre?*^encd, and that the machinations of a disorganising and re- volutionary faction in this Province, acting partly by means of the turbulence and excitement of pubKc ever the people please. The inhabitants of the several counties are next invited to meet simultaneously in their respeetive par- ishes in the month of Deeember, and elect Magistrates and Officers of Militia ; any person accepting a Commission from this time to Lord Gosford's departure is declared infamous, and the meeting adopted the recommendations of the county of Two Mountains contained in the 8th Report of its Permanent Committee. One of these recommendations, it will be recollected, is to train the militia. The recent nominations to the Legislative and Executive Councils are gravely censured, together with the banefid policy pursued by Lord Gosford. The meeting protests strongly against the intro- duction of armed troops in time of peace, in the colony ; it declares at the same time, that it commiserates the lot of the poor soldiers, the desertion of whom to the neighbouring States, the people de- clare they will not prevent. The meeting afterwards solemnly ap- jjz'oves the Organization of " Tlie Sons of Liberty" in Montreal, and calls on the young men throughout the country to organize thera- Bclves into similar bodies, in their respective paris'^*'^.- to b j pre- pared to assist the Society in Montreal whenever cir( a^ ^stances call on them to act. Finally, the delegates are directed to meet W6 mceliii|i;i5, ut which the most iiiifouiulccl ;iii(l iiilhini- tiiuij). matory speeches arc delivered, and partly through xxxvni tlij medium of a licentious press which inundates the "T^TT' Province with slander and sedition, public feeling has been excited, the Ibundations of social and moral order have been shaken, the Government has been brought into contempt, and the connexion between this Province and the Mother Country attempted to be destroyed. '* Resolved^ — That tiiis meeting has seen with alarm that the prerogative of the Crown has been deliberately perverted by the appointment to offices of trust and responsibility of advocates of sedition and of enemies of the existing constitution of the Province, and that the present excited state of public feeling has been promoted and encouraged by the injudicious and ineifectual attempts at conciliation by the Government. " Resolved, — That as isolated individual exertion would be utterly inadequate to cope with all the evil energies now arrayed against public order and pub- lic peace, and as those evils cannot be effectually again to-day, (Tuesday,) to consider such propositions as may Lo submitted to them, with power to adopt the same on the part of, and for, the people whom they represent, if they think fit. What these propositions will be, I have not learned. " I forgot to slate that previous to the resolutions having been proposod. Dr. Cote, one of the Members for L' Acadie county, came on the ground at the head of a delegation from the county, and presented an energetic and welf written Address to the people of the Five Counties, on the state of the Province, and praying that the county of L' Acadie be admitted into the union of these coun- ties. This proposition was agreed to with acclamation, amid the tiring of voUies of musketry, and the roar of cannon, and it was further resolved that the counties of Laprairie and Missisquoi. (bordering on the Richelieu River,) may join the confcderntion if they think proper. This will make eight counties instead of five. "During the meeting, a company of between GO find 100 militia men attended, with arms, on the ground, under the command of Captains Lacasse and Jalbert. They went through their mau- ojuvres in very good style ; a volley was fired at the passing t>f *•» every resolution. I I i:| i i ! ■!}! -■SI i; I 404 ^ prevented without active, zealous and perse verinj^ xxxvjii ^^^-^P^f'^^if^" of* every good subject, wliich co-opera- '--v^-' tion, to 'oe effectual, nnist be the result of a regular 1837. and systematic union of individuals, this meeting considers it expedient, that the loyal and well-dis- posed part of the community do form themselves into associations within their respective wards, for the purpose of organization and general concert in case of emergency or necessity ; that the several as- sociations do appoint their respective committees from among their resident members, to whom the local organization and management shall be entrust- ed, and that a sub-conimittce, consisting of two mem- bers from each ward committee, shall assemble to concert a general system of measures to be pursued in case of any disturbance. " Resolved, — That this meeting is persuaded that there exists no substantial cause for apprehension of a successful rebellion against the Britisn Government, by the mass of our fellow-subjects of French origin, though the utmost activity and perseverance are employed to create disorder and sedition amongst "The weather was beautiful during the whole day ; nothing could equal the regularity and order which prevailed throughout. The ground was covered with flags bearing various inscriptions, which the people brought from ibe surrounding parishes, and which, waving m the wind, gave a most excellent eifect to the meeting. " A very handsome column, a piece of wood surmounted with " a cap of Liberty," was erected, on the occasion, in honor of Pa- f)ineau, on the ground. It bears an inscription of which the fol- owing is a translation : — " To Papineau, by his grateful brother f)atriots, 1837." After the meeting was over, Mr. Papineau was ed to the tront of the column, and addressed by one of the gentle- men, to which the Hon. gentleman replied in a suitable manner. The young men who attended the meeting afterwards marched iu procession to this pillar, before which they sung a popular hymn, and laying their hands on the column, swore that they would be faithful to their country, and conquer or die for her. This solemn vow was registered iu the hearts of all present, amidst vollies of musketry and the thunders of artillery. It was a solemn and J. . mpressive sight. •' The resolutions were as follows: — 1 405 I perse veri 11 jr ich co-()j)crii- of a regular this meeting ind well-dis- II themselves e wards, for il concert in e several as- committees whom the 1 be entrust- of two mein- assemble to be pursued 'suaded that 'ehension of Srovernment, jnch origin, ^erance are 5n amongst nothing could mghout. The iptions, which 8, and which, le meeting. tiounted with honor of Pa- lieh the fol- teful brother iipineau was of the gentle- ible manner. marched in pular hymn, J would be This solemn nidet vollies solemn and / them ; but feeling that to guard against tlic pcrnl- qj^^- cious inrtuence of that activity and perseveraticc, and xxxvm to arrest it, is the boundcn duty of every good sub- ^837. ject, tliis meeting calls upon their fellow-subjects throughout the Province to organize themselves into loyal associations, as the most effectual means for the security of good order, the ])rotection of life and } property, and the maintenance of the connexion iaj)pily existing between this Province and the British Empire. *' Resolved^ — That this meeting seizes this present opportunity of declaring its opposition to the appli- cation of the elective principle to the Legislative Council of this Province, and of reiterating the claims of the mhabitants of Lower Canada of British origin, to the abolition of the feudal tenure, and the estab- lishment of an efficient system of registration for mortgages, the want of which has not only retarded the settlement and improvement of the Province, but has rendered it conspicuous for its backward condi- tion in comparison with our sister Provinces. " Resolved, — That the Irish inhabitants of this " ^Resolved, — That in accordance with the example of the Wise men and Heroes of 1776, we hold as self-evident, and repeat the following truths : — That all men are created equal ; that they are endowed by their Creator with certain inalienable rights: that among the number of these Rights are life, liberty and the pursuit of happiness ; that it is for the protection and security of these Rights that (rovernments were instituted among men, deriving their just authority only from the consent of the governed ; that whenever any form of Government becomes destructive of these ends, it is the right of the people to alter or abolish it, or to institute a new government, laying its foundation on such principles, and organiz- ing its powers after sach form, as to them shall seem best adapted to secure their safety and happiness. " ^Resolved, — That the authority 2of Great Britain over the Cana- das cannot, and should not, continue, except by the good will of their inhabitants, and cannot rest on brute force which confers no rights, but gives an unjust power which can exist only until the day of successful resistance; that the people have a fortiori, the right to demand and to obtain, as a condition of their voluntary allegiance, such changes and improvements in the form of their It! ^i ' III ! i Oimp. XXXVII 18:]7. / mm; city do hereby express tlieir im([naline(l nhliorreiiec I of li»e low tind haso attempts tluitare makii)<:;to draw tlieiii oVer to ll\e revolutionary pJirty, wliosc d('si<;;ns they consider inimical to all ^ood irovennnent and to the safety and well-bein^ji; of this l^nnince, and ut the same time their readiness, should it ever be ne- cessary, to repel by force those whose every action bespeak them the enemies alike of themselves and of their countrymen in general." The indications in all cpiarters of the district of Montreal, of an a]>pro.'ichina; insurrection, induced at leniith the Roman Catholic ecclesiastical authorities touitervene, and a ^^ mmnlcniciit^'' or pastoral letter from the Roman Catholic Bishop of Montreal (i\[on- seigneur Lartigue) and a relative of Mr. Papineau, accordingly was issued, addressed to his " clergy and all the faithful of his diocese," and publicly read during divine service in every Church thereof. De- serving to be preserved as a valuable record, it is annexed as an appendage to the present chapter. The loyal prelate deplores through it the unhappy dissensions that had arisen in the Province, admon- governiuciit.s ns their wants, tlie prof,'re88 of their country since 1791, and tlicir j)ro3ent condition, render '-lecessary for their con- tentment and w«'ll-being. *' '■Resolved, — That the arbitrary dismissiils from office ordered by the Governor in Chief during the last three months, and wliicli have not yet ceased, but still daily continue, against a number of Justices of the Peace, Officers of Militia and Commissioners for the Summary Trial of Small Causes, throughout the parishes, for having taken a part in tlie proceedings of county meetings holdcn by the people for the vindication of their inva^'Jnce, and at it ever bo no- cvvry action nsclvcs and of io district of ion, indnccd alanthoritics cistoral letter itrcal (Mon- i*. Papincau, "*« <' clcr«ry )id)licly read icreof. Dc- 'ccord, it is lit chapter, le unhappy ce, adnion- coiintry since fur tlicir con- ce ordered by and Avliioh n number of iouers for the parishes, for tings boldeu .i^bta, prove, ises the pre- sueh offices dependence, J of the pub- e people, in to favor liia 1 conteni23t laniontablo linistration ishcs Ills compatriots of their *'AmA>^*it«ti.ir ' «'! . & I ^' ^1 1887. 408 Chap, namely, what is the duty of a Catholic towards the xxxviii civil power established and constituted in each state ?" Further on, he observes — " The present question amounts to nothing less than this — whether you will choose to maintain, or whether you will choose to abandon the laws of your religion. Should, then, any one wish to engage you in a revolt against the established Government, under the pretext that you form a part of the Sovereign people, suffer not yourselves to be deceived. The too famous National Convention of France, though obliged to admit the principle of the sovereignty of the people, because it was to this principle that it owed its existence, took good care to condemn popu- lar insurrection, by inserting in the Declaration of Rights which heads the Constitution of 1795, that the sovereignty resides, not in a part, not even in the majority of the people, but in the entire body of the citizens ; adding that no individual, that no par- tial union of citizens, can pretend to the sovereignty. But who will dare to say, that in this country the totality of citizens desires the overthrow of the Gov- benefits of a local Legislature ; that the Legislative Council would be improved in such a manner as to secure its co-operation with the representative branch of the Legislature, and its respect for the wants and wishes of the mass of the people ; that so far from these just expectations having been realized, a number of persons have lately been called to sit in Council who, with scarce an ex- ception, not only do not enjoy public confidence, but have rendered themselves in every respect unworthy thereof, and who by their conduct and public opinions have renaered themselves odious to the country. " ^Resolved, — That this meeting declares that the late nominations to the Executive Council of this Province, are equally unworthy of public confidence with those to the Legislative Council ; that they are the more scandalous, inasmuch as they continue plurali- ties in ofiice, one of the abuses which Lord Gosford had himself denounced, both as Governor in Chief and Royal Commissioner, and as they confide to the same hands Legislative, Executive and Judiciary powers. " ^Resolved, — That this meeting sees in these different nouiinations nothing else but the oontiauatioa of the old system of fraud and de- il ic towards the tuted in each o nothing less ) maintain, or tie laws of your to engage you rnment, under the Sovereign eceived. The ranee, though sovereignty of inciple that it ondemn popu- Declaration of of 1795, that , not even in entire body of 1, that no par- ? sovereignty. =5 country the w of the Gov- ve Council would 30-operation with i its respect for that so far from imber of persons ith scarce an ex- ut have rendered md who by their jelves odious to late nominations lually unworthy ^e Council ; that sontinue plurali- )rd had himself Commissioner, Executive and 'ent nouiinations of fraud and de- 1 1837. 409 crnment?" He winds up by the following power- (;jjj^- ful and pathetic appeal to his flock : xxxnii "We conclude, dear brethren, by appealing to your noble and generous hearts. Did you ever seri- ously reflect on the horrors of a civil war ? Did you ever represent to yourselves, your towns and your hamlets deluged with blood, the innocent and the guilty carried oft' by the same tide of calamity and woe ? Did you ever reflect on what experience teaches, that, almost without exception, every popu- lar revolution is a work of blood ? Did you ever re- flect that even the philosopher of Geneva, the author of the social contract, the great upholder of the Sovereignty of the people, says himself, that a revo- lution which cost only one drop of blood, would be too dearly bought? We leave these important re- flections to your feelings of humanity, and to your sentiments as Christians." All, however, was i' ain ; in the heat and excite- ment of the times, it pa>. ed unheeded by the multi- tudes already to o deeplx jnvoly ed to be turned from their purposes 15y arguments oitliis nature, reason- ception, which has at length uprooted all feelings of confidence both in the metropolitan and colonial governments, and in the Legislative Council as at present constituted ; another proof of inveterate hostility to the repeated demands of the country ; an obstinate and tyrannical determination, on the part of Her Majes- ty's Government, to protect and perpetuate the abuses and griev- ances of which the p«ople, already too patient, have complained." " Resolved, That the divers abuses and grievances under which this colony has for a long series of years complained, have been 80 often detailed by the Representatives of the people, and admit- ted by Her Majesty's Government and the British Parliament, that it is now useless to recapitulate them here, inasmuch as they have been lately denounced by the people themselves in their respective county meetings, and on the remedial measures therefore proposed, on all and each of these the Six Counties insist anew. " Resolved, That instead of honestly redressing the said griev- ances and abuses, as in duty bound, the Government and the two Houses of the Imperial Parliament have threatened and intend to annihilate the fundamental rights of this colony ; in order to force the people into abase and abject submission to the oppressions S \ \ ^'■ 11 . >h\i I ■ ii i :,, 1 •H r 410 Chap, able and salutary as undoubtedly they were. It is *"^ proper to observe here that the clergy, during these ^^SStT agitations, kept aloof from them ; and that, during the outbreak that followed, they were, with few exceptions, and these not influential, steadfast in their allegiance and loyalty to the British Sovereign. which are prepared for them, recourse ia had to the same system of coercion and terrorism which lias already disgraced the system of British rule in Ireland : — Magistrates and Militia Officers, eujoy- ing the confidence of their fellow citizens, are insolently deprived of Office, because they love their country too well to sanction an unconstitutional aggression, or permit her liberties to be violated with impunity ; and as a climax to their misfortunes, the present Governor in Chief has recently introduced, in time of profound peace, a large body of armed troops into this Province, to destroy, by physical force, all constitutional resistance, and to complete, by desolation and death, the work of tyranny already determined upon and authorized beyond the seas. "Jiesolved, That holding Lord Gosford guilty of an atrocious aggression against our liberties by the introduction of such armed force amongst us, and counting on the sympathy of our neighbours, the zealous co-operation of our brother Reformers of Upper Ca- nada, and on Providence, for a favourable opportunity of emanci- pating ourselves from the oppressive system under which we suffer, we declare that, commiserating the unhappy lot of the soldiers whom our enemies desire to convert into the vile instruments of our slavery, and their own dishonor, the people of these counties wall throw no obstacle iu the way of the men belonging to the Regiments stationed in this District, should they desire to improve their condition by emigrating to the neighbouring Republic, espe- cially as we have strong reasons to believe that a number of those soldiers are only waiting for an opportunity to get rid of their present anomalous and irksome profession. "Resolved, That the meeting approves of the organization of the political association entitled " The Sons of Liberty," and recom- mends the young men of these counties to organize themselves in the same manner — ^to form, in their respective parishes, branch Bocieties of *' The Sons of Liberty," and to maintain an active cor- respondence and frequent conainunication with " the Sons of Liberty" in Montreal, and to adopt the same systematic organization, so as to be prepai'ed to support each other with promptitude and effect, should circumstances require them to protect and defend their threatened liberties. "Resolved, That the delegates named ^by the different parishes of the Five Counties are requested to meet anew at this place to- morrow, at two o'clock in the afternoon, to consider such proposi- tions as may be submitted to them." — Vindicator. t J ll SSMCKMORtaiaeaaMM 411 were. It is during these that, during J, with few steadfast in ti Sovereign. le same system Jcd the system Officers, eujoy- ently deprived to sanetion an to be violated es, the present te of profound nee, to destroy, to complete, by dy determined of an atrocious of such armed our neighbours, of Upper Ca- itjr of emanei- hich we suffer, f the soldiers instruments of these counties ongiug to the ire to improve spublic, espe- mber of those t rid of their ization of the " and recom- ;hemselves in ishes, branch m active cor- 18 of Liberty" ization, so as le and effect, defend their 3nt parishes is place to- ch proposi- 1887. The death of the Hon. and Right Reverend C. S. chap. Stewart, D. D. Lord Bishop of Quebec, who had vi- xxxvm sited England on account of his hcaUh, occurred on tlic lOtli July o^the present year, iu London, in the ()-3rd year of his age. This excellent Prelate was very sincerely regretted in the Canadas, being held in the highest esteem by persons of every class and persuasion throughout both Provinces. He was suc- ceeded in the Bishopric by the Right Rev. G. T. Moun- tain, 1). D., the Archdeacon of Quebec, under the title of Bishop of Montreal, the title of the Diocese being altered on the decease of Bishop Stewart, a short memoir of whom, taken from the Quebec Mercvri/, is subjoined, WTittcn, it is believed, by his successor, Doctor Mountain,* at the present time (January, *" The late Lord Bishop of Quebec, CliavlesJiinies Stewart, third son of the Karl of Galloway, iu Scotland, was born iu London, on the I'Jth of April, 17*75. Iu 1795 lie was elceied a follow of All Soul's College, in the Univoisity of Oxford, Having taken holy orders, he was pi-esented in 1790 to the Rectory of Ovei'ton-Loiig- ville. County Hants. In 1807, haviug conceived a strung desire to go abroad as a Missionary, he was introduced by the Bishop of Lincoln, in whose diocese he v/as situated, to the then Bislioj) of Quebec, who ha})pened at the time to be in England; and was in eonsequeuee appointed to the charge of St. Armand, in Missisquoi Bay. Iu 1819, the Bishop having provided for the appointment of a visiting Missionary, to aiford the occasional ministrations of the Church to destitute settlements throughout the diocese, was desir- (His of contiding the task in the hands of Dr. Stewart, and lie accordingly a-^sumed it. In 1825, the infirjuities of the Bishop inducing him to desiro relief in his extensive charge, his Lord- ship's son, the Archdeacon of Quebec, (now Bishop of Montreal.) was sent home with powers to effect an arrangement for the divi- sion of tho diocese, aud tlic surrender, on the part of Bishop Jloun- tain, of one-third of his income to Dr. Stewart, who was to liave been consecrated Bishop of Upper Canada, and to have assisted, as need might be, in the Lower Province, during the life of Bisliop Mountain. The decease of this venerable prelate took place while the Ai'chdcacon was at home, and the intelligence was there received when the arrangement was on the very point of execu- tion. The plan was then altered, and Dr. Stewart was designated to the whole charge. He was conseoratcd Bishop of Quebec, at Lambeth, on the 1st of Jamiary, 182G. " The great incrca;t«e of the Kpiseopitl labours from the continual I :4 ':i\ ; I 1 ,i w , I ! i I I 1837 412 Chap, 1853,) Lord Bishop of Quc])cc, the Sec of Montreal ^^xviii having been recently sub-divided into two Bishoi)ries, ^■""""^"and the title of that of Quebec revived. There were in the Canadas, at this time, but few troops. The 85th Kegiuient, under the command of the Hon. Lieut. Col. Dimdas, which came up from Halifax in Her Majesty ships Vestal and Champion, in July, and landed at Quebec on the 18th of that month, was the only reinforcement the forces in the Canadas received during the summer. These the Vindicator had vain-gloriously boasted that the pa- accession of Protestant population, caused him, after a fcAv years, to feel very strongly, especially as his health was rapidly cleclin- ing, the same want of assistance which had been experienced by his predecessor ; and he determined to provide for it by precisely the same sacrifice of income. His endeavors to obtain the object re- sulted in the consecration of Archdeacon Mountain, in February, 1886, as Lord Bishop of Montreal, but without any division of the diocese — the new Bishop being simply appointed to assist Bishop Stewart, by commission from the latter, to such extent as might be required; but having powers also to administer the afluirs of the diocese, in the evanit of his surviving that prelate, till a successor to the See of Qu.bec should be appointed, (which is the footin"* upon which matters now stand). No salary is attached to the See of Montreal, and no provision now exists for continuing to the per- son who may be appointed to the See of Quebec, the salary enjoyed by the late Bishop and his predecessor. It is satisfactory to reflect that in the hands of both these prelates it was ablessin"- to many ; and that both were read;^ cheerfully to sacrifice a large portion of it, to provide more efficiently for the Episcopal services m the Church. " The character of the late Bishop has already been noticed in the journals which have announced his decease, and his labours have been too fruitful and too extensive to require that they should be proclaimed. In every office which lie tilled, from that of a Missionary in the Avoods to that which placed him at the head of the Church Establishment in the Canadas, he was alike humble charitable, laborious, devoted; full of ardent zeal for the glory of his heavenly master, and overflowing with benevolence to mti". He wag a shining example of the efficacy of the faith of the Gos- pel; and in the approaches of dissolution, it whs tliat faith, and not any reliance upon himself or his own performances, which sustained and refreshed him. " The present Earl of Galloway, at whose liouse the decease of his Lordsliip took place in London, is his uephcAV, and not, as haw been stated by mistake, his brother," 413 ■ Montreal ^iblioprics, e, but few uninaiid of i up from Jhainpion, til of that CCS in the These the It the pa- a foAv years, pidly deeliii- ieucedbyhia jrecisely the lie object re- u February, vision of tbc issiat Bishop t as might be ifFairs of the a successor the footinjif d to the See to the per- ary enjoyed sfactory to [iblessiug to ce a large |pal services noticed in Ihis hibours [hey should that of a |hc head of :e humble lie glory of ice to ma" |f the Gos- faith, and :es, which Idecease of liot, as haH trioty would (h'ive into the St.Lawrenee, and despatch, chap, with the greatest case, whenever llie time of contest xxxvm might come ; but when at length the time arrived, the "T^JT' senseless threat was not forgotten by those of whom the insurrectionary organ had made so light. Sir John Oolborne, who, shicc his return to Canada from New York on his way to England, as previously stated, had fixed his head quarters at Quebec, left this City on the .''0th July for William Henry, intending to pass the winter there with his family, in order, that if an emergency should arise he m'ght be near the scene of action. The Acts incorporating the Cities of Quebec and Montreal, passed in 1831, but reserved for the Uoyal pleasure, did not come into force until June in 1882, and which, limited in their duration to the 1st May, 1836, had not been renewed in the session of that year, being allowed to expire expressly, it is probable, with the view to increase the general disorganisation and disorders of the times, so that in the universal dis- solution of municipal as well as political government, the minds of men might be the better prepared for the new order in the proposed revolution. The conse- quence accordingly was a total annihilation of the police in those cities, exceedingly alarming to the peaceable inhabitants, who could not, in safety, walk the streets after night-fidl. Several very gross noc- turnal atrocities having been committed, the citizens met, in both cities, and established in each, at their own expense, a watch and patrolcs to put an ^nid to the acts of violence and apprehension of molestation, which, from the absence of municipal establishments of the kind, disquieted the inhabitants and rendered insecure their lives and property. The following reflections descriptive of the politi- cal state of the Provinces are from Mr. Neilson, as extracted from his Quebec Grazette of the 3rd of November : — ill! niij II / I' \v p If f" ■\U Chap. " It is not surprising that there slioultl hv weak- xxxvnine.ss in a ":overninent {maiiist ^vhich ii faction com- Y^^T^ manding a majority in the representative branch, has been permitted for several years to direct all its en- ergies, while the constitutional prerogatives of the Executive have been used to put power in the hands of those bent on its destruction. Have the magis- trates the means of doing their duty in the present state of the Province ? Have not disaffection ana intimidation got to such a head in some parts of the country, that no one dares to go before a magistrate to complain ? Have the magistrates generally suffi- cient legal knowledge, independence and support to enable them to perform an onerous, disagreeable and hazardous duty ? If they have, they are to blame. But why, in that case, is not a new commission is- sued, including only those who are known to be fully qualified and determined to do their duty according to law, with some one, at least, in each commission, who will give his whole time to the service for a reasonable and certain compensation ; for it is im- possible that the necessary proceedings can be fol- lowed up by magistrates giving only an occasional attendance ; they ought also to have the active as- sistance of the law officers of the Crown, when called upon, and every case of a violation of the law, being an actual breach of the peace, or having a manifest tendency to create a breach of the peace, ought to be followed up, the parties arrested and brought to trial without regard to consequences. If the officers of justice are resisted, then the course is plain. It is impossible to suppose that the courts and juries will not do their duty. Any person entrusted with authority, not doing his duty, becnusc he permits himself to suppose others will not do theirs, is guilty of a sort of treason to the common weal, which is deserving of universal reprobation, ?md the severest punishment which can be inflicted by the public au- thority. 415 imission , ** la the present state of affairs in this Province, cbap. we confess we feel disposed to make disadvantageous x*xvm comparisons between a monarchical and a republican "J^^^ government, llud General Wasliingtou shewn as much indecision as is shown in this Province, when the whiskey insurrection was organized ia Pennsyl- vania, or Thomas Jefferson when the Vice-President Burr was collecting forces on the Ohio, or General Jackson, when an independent State pretended to nullify the laws of the general government, the United States would have been deluged with blood, their free constitution of government destroyed by illegal violence, and the people of the United States been reduced to the condition of the South Ameri- can republics." (Translation.') John James Lartigue, First (R. C.) Bishop of MoNTUEAt, Ac.' To THE CLERGy, AND ALL THE FaITHFUL OF OUE DiOCESE, Health and Benediction. Foi' a length of time back, dear brethren, we hear of nothing but agitation, and even of revolt, and this in a country which has hitherto been distinguished by its loyalty, its spirit of peace, its love for the religion of its fathei's. On every side we behold bro- tlierg rise up against their brothers, friends against their friends, citizens against their fellow-citizens ; and discord from one extre- mity of this diocese to the other, seems to have burst asunder the bonds of charity which united the members of the same body, the children of the same church, the children of Catholicity, which isn religion of unity. In circumstances of such moment, the only posi- tion that we can take, is not merely to stand to an opinion (which nevertheless, as citizens, we and ourworthy fellow-labourers in the Holy Ministry should have, equally with others, the right of emit- tiiii?,) but to act up to the obligation which the Apostle of the Gen- tiles imposes upon us by saying — Woe is unto mc if I speak not the Gospel ; for ancctrMty hjeth upon me ! Necessitas cum mihi in- cuvibit. 1. Cor, ix., 16. No, dear brethren, not one of y ^u is ignorant of these truths ; that the duties of the different members of society foim as essentially a part of Christian morality, as the duties of the different members of a family; that this divine code of morality is a portion of the sacred deposit of Faith, which has been tiar?mitted to us by the m 41t5 Chap. P"^® channel of Scripture and Tradition; and that we, as succcs- Exxvin '°'** ^^ ^^® Apostles, ZXXVIII 1 1] ! !i i il ll 1 1 1 j tl'l 1 ' ilff -' '^ l! i! il .in are bound to transmit it to you \nth equal fidelity, jggij There is, moreover, nothing that can render us the object of suspi- cion. In our veins, as in yours, flows Canndian blood : we havo given freqi'.ent proofs of the love we have for our dear and common country ; and, as the Apostle, so can we take God to witness, how we long after you all in the bowels of Jesus Christ. Philip i. v. 8 Besides, you know that we never received any thing from tne Civil Government, — as we expect from it nothing but that justice which ifi due to every British subject. And we bear testimony to the truth, when we solemnly protest, that in speaking to you on the present occasion, we speak of ourselves, impelled by no exterior influence, but solely actuated by motives of conscience. It is not, then, our intention to give an opinion, as a citizen, on this purely political question, among the different branches of government, which is in the right, or which is in the wrong ; (this is one of those things which God has delivered to the consideration of men : mun- dum tradidit disputationi eorum :) but the moral question, namely, what is the duty of a Catholic towards the civil power established and constituted m each state ? This religious question falling within our jurisdiction and competency, it is undoubtedly the province of your Bishop to give you all necessary instruction on this subject, and your province is to listen to him. For, as the celebrated La- mennais says, ' Bishops being commissioned by the Holy Ghost to g^overn the church of God, under the direction of the Sovereign Pontiffj we protest that we believe that in every thing which apper- tains to the spiritual administration of each diocese, clergy and laity ought, faithfully, to obey the orders of the Bishop instituted by the Pope. ' " This then, is what the sacred Scriptures teach you on the above question. ' I*et every soul,* says St. Paul — Rom.xiii, 'be subject to the higher powere, for there is no power but from God, and those that are, are ordained of God. Therefore he that resisteth the power resisteth the ordinance of God. And they that resist, purchase to themselves damnation. The ruler is the minister of God to them for good. He beareth not the sword in vain. For he is the minister of God, an avenger to execute wrath upon him that doeth evil, wherefore be subject of necessity, not only for wrath, but also for consc'ence sake.' — Rom. c. i, v. 1, 2, S, 4, 5. ' Be ye subject, therefore,' adds St. Peter, the chief of the Apostles, 'to every human creature for God's sake ; whether it be to the King, as excelling ; or to the governors as sent by Him for the punish- ment of evil-doers, and for the praise of the good. For so is the will of God. As free and not as making liberty of malice, but as the servants of God, honour the king. Servants, be subject to your masters with all fear : not only to the good and gentle, but also to the froward. For this is thanks worthy, if for conscience towards God, a man endure sorrows, suffering wrongfully.' — Ist. St. Peter, c. ii, V. 13, 14, 15, 16, 17, 18, 19." 417 M] " Guch, clear brctlircn, arc the ornclos of the Holy Oliost, ns wo Q\ytm. findthciii in thesucred volume; Huoh the doctrine of Jo.sus Ciirist, xxxvill ns the Apostles l*t*er nnd Piiul had learned it from the mouth of .^.,.^,..^ their Divinu Master. But clear as these words may he in them- 1837, solved, a Christian dov.s not interpret the word of God l)y his own private judfjment; ho Icuow^s that it is a fundamental point of his faith, that the sacred Serij)tures, as St. Peter assures us, 2d. Kp. 1. 20, are not to he understood aecordinjj to each one's private inter- pretation; and that it belongs to our mother the Catholic Church alone to expound them to us, accordin;:» to the decision of Jesus Christ in the (lospel ; ' If he Avill not hear the Church, let him be to thee as the heathen and the pnl)liean,' — St. Mat. xiii., 17. Now, his present Holiness, Gregory XVI, has expounded from his pontifical chair, these passages of Scripture. He has inter])reted the passages which (Ve have cited from the sacred volume, acconling to the doctrine of the Holy Fathers, and the perpetual tradition of the Church, from its establishment down to the present day ; ho has dictated their true meaning to the Christir.n world, in his Encycli- cal letter, addressed in the beginnlnrj oi his Pontificate, to the Bishops in every part of the woild. Not a solitary Bishop sinco that period has raiseil his voice against the doctrine of that letter, so that it has received at least the tacit consent of the great body of Pastors, and consequently, it must be looked upon as an autho- ritative uecision in point of doctrine. " As we have learned," says the Holy Father, (it is not our voice that 3'ou are now going to hear, but that of the vicar of Jesus Christ,) — ' as we liave learned that Avritingsi disseminated among the people proclaim di'* ^-'V'"*. ■\\lioii, n« St. iMichoiiiirs if]:if«'.-», In; iinsw (•r»'cl tlio zxxvii'i ''•'"P«''''>i' : *Wt' arc your eoMicit*, Tiinoo, liut we uro ut tl;c saiiio tiino tlio p«'i'vniits (if (jod ; and now, even tlic danger of losin;^ our lives, with v^•ili(•h we are threatened, does not iiiihice ua to revol;. AVe liave onr arms in our hands, atul we resist not; because wo ])refer to suffer death ratht; l)ocftusc •wc fl fidelity of the withTertiillian, )ower, hud thoy mm to Pi'incos, i)ts of tlu! Cliris- ttiuted w'itli the ainst the riglita I only Hlavery icy of the evil ^ckliffites, and olical See have their footsteps, ither, that they the same Pon- ulaud, ' it is on tmoet care, lest ad among yotir lese men, with hon the crcdu- disturbing tlio of tilings. For 113 Christ, it is the false- table word of luments of ilie souls, of the n conjunctiou in all places. without vio- lation neglect critical. For, faith he will James says, mie guilty of than this — u will choose hen any one ihed Govern- le Sovereirin too famous nit the prin- to this piin- 1837. ciple that it owed its exiFttence, tt>ok jOfood cnre to conpu- rjliai) lar insurrections, by inserting in the ])eclnration of Riffhtu whieli j^-y,!. heads the Conrttitution of 175)5, that the Sovereignty resides, not, in a part, not even in the luajoiity of the people, but iu the en- tire body of the citizens: ailding, t/tatno indiridual, that no par Hal ntiioti of citizcHU ran urclend to the Sovereignty. IJut wno will dare to say, that in this country the totality of citizens desires the overthrow of the Government '\ " We conclude, dear brethren, by appealing to your noble and generous hearts. Did you ever seriously reflect on the horrors of a civil war ? Did you ever represent to yourselves, your towns and your hamlets deluged witli ol jod, the innocent and the guilty earned off bv the same tide of calamity and woe ? Did you ever refl-^ct on what experience teaches, tliat almost without exception, every popular revoluticm is a work of blood ? Did you over re- flect that even the Philospher of Geneva, the author of the social contract, the great upholdei* of the sovereignty of the people, says himself, that a revolution which cost only one drop of blood, would be too dearly bought ? Wo leave these important reflec- tions to your feeling:? of humanity, and to your sentiments as Christians. " ' The Grace of our Lord Jesus Christ, ami the charity of God. and the communion of the Holy Ghost be with you all.' — 2 Cor. xui., 13. "This charge shall be read and published at the Parochial or principal Mass of each Church, in chapter by each community of our Diocese, on the first Sunday or Festival alter its reception. •'Given at Montreal the 24th Oct. 183*7. " John James Laetigue, Bishop of Montreal." (Communicated to the Quebec Gazette.) RECENT APPOINTMENTS TO THE EXECUTIVE COUN- CIL, BY HIS EXCELLENCY THE EARL OF GOSFORD. EXECUTIVE COUNCIL. Louis Panet, Esq., French Canadian. George Pembertou, Esq., British Merchant. G. A. Quesnel, Esq., an Advocate, and imtil lately a Member of the Assembly. William Sheppard, Esq., British. Hon. Pierre D. Debartzch, aMembcrofthe Legislative Council — a supporter of the 92 Resolutions — late a proprietor of a Journal called "LEcho du Pays,'' edited at village Debartzch, which breathed the most deadly hostility towards the British. This gentleman has not yet disavowed his participation in the senti- ments put forth, from day to day by L'Echo. In the person of Mr, 1 ! ' I I ' 1 li' i )l I t J i M H 1 -Vl i 7i ■r. tl^ .f t / 1837. 420 Cbap. DcWtzch, it cannot be said, that tlie Kxocutivo und Logi*lativo zxxviii functions arc kept ecparatc.* EXECUTIVE COUNCIL AS NOW '^'OMPOSKD. lion. John Htewart, Scotch birth. Hon Dominiiiue MondeUH, French Canadian. Hon. Hugea Heney, French Canatlian. Hon. Louis Panet, French Canadian. Hon. George Pcmbert<)n, Irish birth. Hon. F. A. Quesncl, French Canadian. ^'^ Hon. William Sheppard, English birth. Hon. P. D. Debartzch, French Canadian. /' Five French Canadians. i' Three British and Irish blood. ftECENT APPOINTMENTS TO THE LEGISLATIVE COUNCIL, BT EARL GOSFOIID. Jolin Neilson, Esq., Scotch birth. Hcrtel de RouviUe, Esq., P'rench Canadian, for sometime a member of the Assembly opposed to the Government. J. D. Lacroix, Esq., French Canadian. '^' J. Pangman, Esq., French Canadi an. E. R. Caron, Esq., i^'fcnch Canadian, late member of the Assem- bly, voting for the 92 resolutions, J. M. Fraser, Esq., Scotch extraction. A. M. de Salaberry Esq., French Canadian. Six French Canadians. Two British blood. Note. — Sir Francis Bond Head, the Lieutenant Governor of Upper Canada, maintains public tranquillity with one company of the Queen's troops. In Lower Canada common order cannot bo maintained with five regiments, and this because the wh(»le machine of government is paralyzed. The anarchists are permitted to marshall and exercise for revolution, under the eyes of the soldiery. Equal Rights. Quebec, October 25, 1837. The excerpts from the public newspapers above, as well as in the preceding and following Chapter, are rather to exhibit the spirit of the times than the matters reported, several of them being in themselves scarcely worth notice, were it not on that account. Ereatum. — Page 1, line 10, for "St. Denis," read 3t Ours. * "The Populaire of the 18th October, states, as it asserts, on good authority, that Mr. Debartzch was not the author of certain lood-thirsty and revolutionary writings which appeared some years ago in the Echo du Pays ; that Mr. Debartzch had seen the writing before it was published, and objected to its insertion in the paper ; that it waa not written by a French Canadian ; and that it was in ponsequence of Mr. Debartzch's withdrawing his support from the ^V/io, that it was discontinued." {Quebec Gazette, ^Qth Oct. 1837.) \^ und Legislative T lARL GOflFOnD. For sometime a ent. r of the Assem- nt Governor of jue company of rder cniuiot ho whole machine e permitted to of the soldiery. juAL Rights. ?, as well as in to exhibit the veral of them it not on that Jt Ours. it asserts, on lor of certain red some years en the writing lin the paper ; fhat it was in oort from the kh Oct. 1837.) CHAPTER XXXI X. Indicntions of an outhroak in the District of Moiitroal — rolllHlonlM that City between tlie "fiLi dc la librrl^" and oonstitiilii'iialists — Warrants isHued in Quebec--Magirttratcadisn»i!<«cd--Fuitht!r maiii- festations of insurrection — Sir Francis U. Head — Loyid dirtp(»i>i- 1837. tion of Upper Canada and of tho Lower Pntviiiccrt— Mr. Dcbartzch — Warrants to arrest Mr. Papinoau and otluTs — His cvapiun — Arrest and rescue of Messrs. Davignon and Doinaray — (lathorinj? of patriots at St. Charles and St. Denis — Magistrates of French original Montreal express themselves — (Jeneral Order — Truly J)atriotic conduct of Uritish inhabitants in Quebec — Insurreetiou u the District of Montreal — Military movements ineoiisequcneo — The affairs at St. Denis and St. Charles — Mr. Papineau — As- sassination of Lieutenant Weir at St. Denis — Murtler of Char- trand at I'Acadie — Col. Gore, with a military force revisits St. Denis — Sir John Collxtrne proceeds in person from Montreal, at the head of a considerable force to St. Eustache — Affair at tliat village, St. I?*»noit, Ac. — Rendezvous of patriots at Swanton, on Lake Champlain — They make an incursion — Arc defeated and several of them captured '>y the Missisquoi volunteers — Pro- clamation by the Governor (Lord Gosford") — Martial law in force in the District of Montreal — Capture of Dr. Wolfred Nelson — The Banks send their specie to the cltailel of Quebec — Rein- forcements arrive at Quebec from England, overland from Halifax — Loyal Addresses — Constitutional associations of Ivlontreal and Quebec — Interesting memoranda from Messrs. Wolfred Nelson and Thomas S. Brown respectively, relating to the affairs of St. Denis and St. Charles, in which they took part. — Misunderstand- ing between Dr. W. Nelson and Mr. Papineau. — Remarks on Mr. P. We arc now entering upon tlie darkest passage in the annals of the country, one of error and of mourn- ing to Canada, leaving a blot, though, let us hope, not indelible, on the escutcheon of a moral, a brave, and hitherto a truly loyp' people; the indubitable proofs of whose preference of the sovereignty of Great Britain, and permanent connexion of their native country with her, to that of their repul^lican neighbours, indeed, we may say, natural friends, are, to their honor, imperishably established, be their destiny as it may. As the autumn advanced, and the season of navi- gation drew to its close, strong indications of an early I 1 4 W t « / h ; il i I ii I » Cliap. outbreak in tlie Montreal district became daily more XXXIX and more ap])arent. Tbere were already in various 'rrjp' parishes, north and soutli of Montreal, disturbances of a serious character, seveial of the British inhabit- ants being obliged to leave their homes, and with their families fly for refuge to the city. A number of magistral, s, militia officers, and small cause Com- missioners, in the rural parishes, intimidated by the hourly threats of the disaffected, by w^hom they were surrounded, sent in to the Government their resigna- tions, as they no longer could exercise, nor hold their offices with safety to themselves, while organization and training in arms were openly carried on, avow- edly in an- cipation of an approaching and speedy contest with the Government, ;ind with as much ze?^ as if in defence of the country against an invading enemy. In fact, the magistracy throughout the Province, and in the upper districts particularly, were overawed and powerless, and from the want of ade- quate support, dared not, in the general spirit of the inhabitants, attempt to do their duty and carry into operation the laws towards arresting the disorders that everywhere manifested themselves. The few extracts belovr, from the Montreal papers of the day, will give the reader some fiiint notion of the state of that district at the present period : — " It was stated," says the Montreal Gfazetfe, *' in the Herald of Saturday last, that iu consequence of the outrages threatened to be committed on Mr. Chaffers, a magistrate of St. Cesaire, who had been menaced with being pulled down from the bench, he directed it to be made generally known, that after what had passed, he was determined not to expose tlie Royal authority to contempt, by pronouncing judgments which no one dared to execute, in consequence of the bailiffs having been threatened with mob law if they did not resign their office. Upon this determination having been communicated to the principal inhabit- 423 line daily more ady in various !, disturbances tritish inhabit- nes, and with ^ A number lU cause Com- idated by the lom they were their resigna- nor hold their organization ed on, avow- ^ and speedy as much ze?^ an invading oughout the icularly, were want of ade- spirit of the d carry into he disorders 3. The few 5 of the day, ' the state of 2/^e, <^in the ience of the fr. Chaffers, n menaced 3 directed it what had tlie Royal judgments cncc of the law if they ermination •al inliabit- ! i ants, they resolved, that reposing the highest coiifi- ciiap, deuce in the honor and character of Mr. Cliaffcrs, xxxix they hoped he would not close the court;^, and pledged TsJT' themselves that the parish would stand by him in the execution of his office. " We now learn from the same authority, that a portion of the intiraidators, stronger than the friends of Mr. Chaffers, had resolved, that no courts should be held or warrants executed, of which resolution a notification was communicated to Mr. Chaffers, who declared thstt the local courts were consequently sus- pended until it should please Her Majesty's Govern- ment to re-open them. One of the party had then the audacity to demand Mr. Chaffers' commission, a request with which, of course, he indignantly refused to comply." " Militia General Order. " Whereas it hfs become notorious that many well disposed and loyal officers holding commissions from the Crown, in the militia of this Province, have lately been constrained, by means of unlawful acts and a system of intimidation, to send in their resignation to the Governor in Chief, and as no officer can be absolved from the duties of his station unless formally relieved therefrom by competent authority, Ilis Ex- cellency is hereby pleased to order that all resigna- tions thus illegally extorted, shall be considered as null and void, unless officiall}'^ accepted, and the officers so constrained to tender their commissions as still holding tlie same : His Excellency, relying on their fidelity and attachment to their Queen for the faithful discharge of the duties appcrtaiLing to their several ranks, and for aiding in the prcs-jrvation of the public tranquillity, and enforcing obedience to the laws. '' Office of the Adjut. Gen. of Militia, Quebec, 16th Nov., 1882." M.! I ■(. a '? ;ii f:* 424 Chap. XXXIX 1837. (Translated from the Fopulaire of the 3rd Nov.) " Attack on Dr. Quesnel. " We gave in our last number a sketch of the excess that the worthless agitator Cote was perpetrating in the County of L'Acadie, in company with a person named Gagnon, whom he had seduced, and some persons of no note whom he has collected. The attack committed on Dr. Quesnel is one of the most infamous which has been perpetrated since the affair of Madame St. Jacques. It appears that on his return from the meeting of the Convention at St. Charles, this Cana- dian ^ uarrier^ went to the house of Dr. Quesnel with all his followers. The latter received them with his usual politeness, and even offered them refreshment ; on this Cote, as the spokesman of the party, told him that was not the object of their visit, but that they had come to desire him to throw up his commission and send in his resignation to His Excellency. The Doc- tor replied that it was a step which required some consideration and reflection. Hereupon Cote said that there was no room for any tergiversation, and that he, Mr. Quesnel, must decide to do so imme- diately, or expect to have his house attacked. Mr. Quesnel, though surprised at such excessive impu- dence, desired these singularly unceremonious ad- visers to quit his house, which they did. In the course of Friday, Dr. Quesnel was called upon by several individuals, who told him that he had better comply, as if he did not, something serious would occur. The Doctor, however, did not accede to their injunctions, and determined not to be dictated to. At night these ruffians, instigated by Cote, surrounded the house, forced open a door, and broke the window sashes, putting the flmiily of Dr. Quesnel in the most pitiable state of alarm. The Doctor, overcome by the entreaties of his wife and the tears of his children, and seeing that he could expect no help from his f\ 1 8rd Nov.) of the excess trating in the erson named persons of no :k committed imous which Madame St. m from the s, this Cana- ^ucsnel with lem with liis refreshment ; rty, told him hat they had mission and . TheDoc- pired some n Cote said sation, and o so immc- icked. Mr. 5sive impu- lonious ad- d. In the d upon by had better ions would ede to their ictated to. urrounded he window n the most rcome by s children, from his XXZIX 1837. 425 neighbours, at length opened a window and promised cbap. to satisfy his besiegers, who thereupon retired, de- claring loudly that if the letter were not written on the following morning they would proceed to further extremities, and they accordingly, on the following morning, enquired at the Post Office, and finding no letter from Dr. Quesnel addressed to the Governor, they repaired with the utmost audacity to his house, from which he had not yet been able to remove his family to a place of safety. A fresh scene of violence then took place, and Dr. Quesnel, overpowered by the alarms of his wife and family, determined to write to the Governor. He informed His Excellency that the situation in which he found himself compclkd him to resign his commission as magistrate. He was then compelled to give the letter unsealed to the band of assassins by whom he was surrounded, who them- selves put it into the Post Office. " Freed from these dangerous visitors, the Doctor, having placed his family in safety, set out for Mon- treal to claim the protection of the laws ; he w^aitcd on the Solicitor General, and laid the circumstances before him, and required that justice should be ren- dered to him, adding, that being a magistrate he ought to be supported in that respectable character as well as protected in his person, and further, that if he could find no law officer disposed to do his duty, he should address himself personally to the Governor in Chief. It is said that a warrant has been issued against C6te, and it is to be hoped that this man will soon be taught that there is yet in existence a Gov- ernment to protect the lives and properties of the citizens. '* We have heard of several other houses being at- tacked, and it has been by these means that the resig- nations of the sixty-six officers of militia and magis- trates in the County of L'Acadie, boasted of by the Minerve, have been obtained." 1; \f w n|,n f I'' " iiii :i 'ii ii 1 1 iii: 4iiG Chap. A fracas occurred at Montreal, on the 6th Noveni- XXXIX ber, between the young men styhng themselves " the "J^JT^Sons of Liberty," (lesjiis de la lihertej) and the Con- stitutionaHsts, in which the former, headed by Mr. Thomas Storrow Brown, by birth, it is beUeved, a citizen of the United States, then doing business as a dealer in hardware in that city, and who, having taken to politics, had espoused the patriotic cause, as he deemed it. The occurrences of this day, the first of open violence between the two parties, are vari- ously told by the different prints of the city, and it being but just to give them as found therein, in- cluding the statement of the Vindicator, as the organ of the patriots, they are reproduced below. " Montreal, {Herald,) Nov. 6. " Total Route of the ' Sons of Liberty.' " During the whole of Saturday last considerable excitement existed in town, owing to a report hav- ing been generally circulated that the ' Sons of Li- berty' intended to parade the streets on Monday, and that there would likely be a collision between them and the members of the Doric Club. This ex- citement was increased on Sunday, in consequence of the magistrates having issued a proclamation, re- questing all persons to refrain from joining in any •procession, or assisting in any way to break the peace. Although it was not known at what hour and place the ' Sons of Liberty' would meet, a placard was posted on the walls on Monday morn- ing, calling on the different ward associations to assemble at half-past twelve o'clock ' to crush rebel- lion in the bud.' Still there were no signs of the op- posite party appearino:, and it was generally believed that they had abandoned their absurd attempt. '' About two o'clock they besian to muster in the yard of Bonacina's Tavern, in front of the American Presbyterian Church., Groat St. James Street. The muster attracted the attention of some Oonstitii- chap, tionalists, who remained to look on, when all at once xxxix the party inside the yai'd, about 250 in number, ^77^ rushed out and made an indiscriminate attack with sticks and stones on those outside. Two pistols were also fired off', and a ball from one of them lodged in the sleeve of Mr. Whitelaw, carpenter. A g 'ntle- raaii immediately went up to Mr. T. S. Brown (who was taking a very active part in the affair) , and said he would hold him responsible for the firing, on which Mr. B. raised a stick to strike him, when the threatened blow was warded oft', and Mr. B. knocked down by a Doric. Mr. Hoofstetter, who went up to separate the combatants, and to protect Mr. Brown, was severely handled by the * vSons of Liberty,' and had it not been for the interference of Mr. J. G. Gundlack, Mr. Brown might have suffered more severely. As it is, his wounds are reported to us as being severe, though not dangerous. The rebels then chased their few opponents along St. James Street, breaking the windows of Dr. Robertson, and other inhabitants in that street, but the Doric Club and others, reinforcing the pursued, turned the tables on the enemy, who fled j^e/^ mell up the main street of the St. Lawrence suburb, where they were pur- sued and conquered, after a short fight, at the corner of Dorchester Street. The Loyalists then marched tliroughthe principal portion of the town and suburbs seeking the ' Sons of Liberty,' but in vain — they seemed to have evaporated like ghosts into thin air. On passing a house in Dorohester Street, opposite the residence of Mr. E. Idler, it was stated that the pa- triots were in the habit of drilling there, and it was thereupon resolved that it should be examined, when a seven barrelled, a double barrelled, and a single barrelled, in all three guns, a sword, and the banner of the ' Sons of Liberty,' were found and delivered over to the authorities. Previous to this, while the i ' (i I iH t *! 428 ii ■ il ' ill! Chap. XXXIX 1837. crowd was passing Joshua JBell's house in Notre Dame Street, some marks of disapprobation and some missiles thrown against it testified the opinion they entertained of tlie turncoat, when he opened the window and presented a gun, which snapped twice. Early in the afternoon the Iliot Act was read and the Koyal Regiment ordered out to parade the streets, supported by the Artillery, neither of whom, however, were required. *' About six o'clock the Loyalists marched up Bon- secours Street, and it was with great difficulty that they were restrained from attacking Mr. Papineau's house. The Vindicator office, however, fared differ- ently — the types, paper, and everything, having i)een thrown into the street. These attacks on persons and property are to be regretted ; but they are, to a certain extent, the result of every outburst of popular indignation. " The Royal Regiment was repeatedly and vehe- mently cheered by the LoyaUsts. ^' We learn that three magistrates, with troops under their command, were stationed last night at each of the following places: Stellers, Main Street, St. Lawrence suburbs ; Boyd's, Place d'Armes, and Russell's, Quebec suburb, besides an additional force at the main guard, in case of any disturbance during the night." Montreal, (Gfazette,) Nov. 7. " We yesterday witnessed in the streets of this city the first collision that has taken place in this Province between British subjects of English and French origin, on the subject of those political opinions which have so long estranged them from one another, as parties contending for different schemes of government. On Saturday, wc heard it stated in various parts of the town, that on Monday it was intended by the anarchical body, caUing themselves house in Notre obation and some the opinion they I he opened the li snapped twice, ct was read and arade the streets, whom, however, narched up Bon- it difficulty that Mr. Papineau's ver, fared differ- lUil , havin 2 t)een acks on persons lit they are, to a burst of popular edly and vehe- cs, with troops d last night at •s, Main Street, d'Armes, and idditional force lurbance during \tte,) Nov. 7, 1 streets of this place in this Enghsh and jhose political |them from one ;rent schemes Ird it stated in [on day it was ig themselves ZXJtlX 1837. 429 the * Sons of Liberty,' to mee"^ at the Place d'Armes, chap. and there raise the cap and plant the tree of Liberty. These reports were partly confirmed on Sunday morn- ing, when a proclamation by the magistrates ap- ])eared, posted on various parts of the city. The document stated, that depositions had been lodged before the magistrates, that numerous bodies of men, assuming distinctive badges and denominations, and influenced by adverse political opinions, intended on Monday to parade the streets of the city, from wliich processions, under the present excited state of public feeling, there was reason to apprehend that riots and tumults might ensue. All parties were therefore called upon to refrain from joining, or forming part of such processions, which were only calculated to disturb the public peace, and endanger the persons and property of Her Majesty's subjects. This piu- clamation was followed on Monday morning by a placard posted on the walls, calling on the different loyal and constitutional wards to meet at the Place d'ArmeSj at twelve o'clock, to assist to ' crush re- bellion in the bud!' The consequence was that throughout the whole of the forenoon of yesterday, the streets presented a very serious and portentous aspect. No one could tell what was to happen, or, indeed, whether any preparations had been made to justify the expectations of the magistrates and the other well-disposed inhabitants of the city. At vari- ous corners of the streets, different parties met toge- ther, anxiously inquiring and conversing as to wha< might be the result of the day. About two o'clock, however, it w^as discovered that a considerable iium-. her of the ' Sons of Liberty,' had assembled together in a large yard facing Great St. James Street. [Here follows an extract from the account copied from the Herald^ as above.] "We were present when they returned down St. Francois Xavier Street and passed into Notre Dame i i t\ ' : I ' t m ■ ■' • I' i. ■ i 2 IF ' ( ,"1 t ii 430 Chap. Street, and can Bafely and positively declare, that a xxxix band of from two to three hundred of the * Sons of "Y^TT" Liberty,' if so they could be called, were only re- sisted by about a dozen Constitutionalists. *' When the mob ent(!red Notre Dame Street from St. Francois Xavier Street, showers of stones were ilyin«^" in every direction like hail ; and one or two inotfensivc individuals having entered the store of Mr. Bradbury, the windows and door were smashed to pieces, and several persons thrown far into the interior of the premises. The mob then proceeded along Notre Dame Street, turning back into Great St. James Street, where they rallied in additional numbers. By this time the brave Doric Club mus- tered; and we resume the account contained in the Herald J of what afterwards took place, as above. " We can add, that, in the present instance, tlic * Sons of Liberty ' were the aggressors in this, as well as in every other respect ; and when the lion awoke, they could not expect that either themselves or their abettors could altogether escape without some reprisals being made. We congratulate the inhabit- ants of the city that thoy did not extend to greater lengths ; but they fell into good hands, for nothing- could be more admirable and praiseworthy than the cool and calm demeanour of the Constitutionalists during the whole affair. " The Royal llegiment was enthusiastically received by the Constitutionalists, and repeatedly cheered, as they marched along the streets in the discharge of their unpleasant duties. We are informed, that the arrangem<.nts made by Colonel Maitland were most •judicious. Magistrates, with troops under their command, were stationed during the night at Stel- Icr's, Main street, Saint Lawrence suburbs ; Boyd's, Place d' Armes ; and Russell's, Quebec suburbs. The main guard was reinforced ; and patrols paraded the streets at intervals during the night. Such, we must ^ declare, that a of the * Sons of , were only re- lalists. )anie Street from of stones were and one or two :ed the store of )r were smashed wn far into the then j)roeceded back into Great 3d in additional brie Club mus- contained in the :e, as above. :esent instance, essors in this, as [ when the lion ther themselves pe without some ate tlie inhabit- end to greater Ids, for nothing [orthj than the nstitutionalists itieally received Idly cheered, as le discharge of [rmcd, that the md were most Is under their night at Stel- lurbs ; Boyd's, suburbs. The jls paraded the iSuch, we must i 431 add, are the dire effects of conciliation and mis- chap, government. '' "3f"t (Fro:n L^Ami da Peuple.) 1837. " The Frttits or the Menaces of the Patriots. *' Wo have for some time just said, that the warlike demonstrations of the Children of Liberty would pro- duce bitter fruit, and lead to some dangerous colli- sion between the citizens of this city ; Ave have, un- happily, prophecied but too truly. On Monday, the * Sons of Liberty' assembled in the house of Mr. E. E. llodier, occupied by a person named Vigneau ; they were to the number of five or six hundred. Their usual exhorters made inflammatory speeches, exciting their auditory to revolt, and to all sorts of outrages; — excited by these discourses and by whis- key, on leaving the meeting they rushed upon some fifty Constitutionalists, who had been drawn into the neighbourhood of their meeting by curiosity, and taking advantage of their small numbei* and of the surprise they were under, they ill treated them and pursued them as far as the Place d' Amies, dealing- blows of cudgels and voUies of stones. Several had swords and pistols, and some shots were fired on the Constitutionalists, by the patriots, as they sallied from the court yard in which they had their rendez- vous. Flushed with this easy and momentary ad- vantage, they attacked the house of Dr. Robertson, and broke his windows with stones. But their 'ri- umpli was of short duration ; the Constitutionalists soon rallied in sufficient numbers to face the enemy, and from that moment it became impossible to find the army of Papineau, which appeared as if it had been evaporated by enchantment. Tne Constitu- tionalists then, to the number of four or five hundred, paraded the city and suburbs without meeting with any opposition. -Jt 4f * • "J4- * -if I.! iri 482 J ■ Chap. " Notwlthstan(Vin<2; the numerous cxtravganccs of XXXIX Dr. O'Oallaglian and his friends, nothhig can justify T^^sueh eonduct, and it is to be desired that the authors may be known and pu?>islied." (From a Posteript to the Minerve.) *' We have stopped the i)ress in order to give our country readers some details of the scene of yesterday evening. As we stated in our article of yesterday, the ' Sons of Liberty',' had quietly met together in a court yard in their usual monthly meeting, when in accordance with th*? placards, to which we have be- fore alluded, the Constitutionalists assembled in Great St. James Street. The yard in which the ' Sons of Liberty ' held their meeting has its entrance on that street. When the Tories were in great numbers they began throwing stones into the yard, and knocking at the door, applying to the Fils de la Liberty all sorts of epithets, especially branding them as cowards, &c. *' As soon as their business was ended, the * Sons of Liberty' sallied from the court in close column, and were immediately assailed by a shower of stones. A rude encounter ensued, and the ' Sons of Liberty' repulsed the assailants at all points, driving them as far as St. Lawrence Street. When, thinking that everything was over, they retired every one to his own home. *•• The Constitutionalists, seeing that they had no longer any enemy to contend with, rallied between the hours of five and six and commenced an attack upon property ; all the Venetians of the house of the Hon. Mr, Papineau were broken, as well as of several other houses, and the printing office of the Vindicator ' was almost entirely destroyed. Mr. Perrault had prudently retired from the house with his family; the assailants broke the iron doors and forced their way into the printing office, which they overturned from top to bottom, breaking everything that fell into cxtravganocs of liing can justify that the authors inerve.) :der to give our ene of yesterday e of yesterday, let together in a eeting, when in ch we have be- ; assembled in which the ' Sons entrance on that at numbers they I, and knocking ^ Libert^ all sorts as cowards, &c. ided, the * Sons I close column, ower of stones, ons of Liberty ' riving them as thinking that [ery one to his [t they had no rallied between liced an attack le house of the lell as of several the Vindicator Perrault had jth his family; Id forced their |ey overturned ig that fell into i m 433 their hands ; many other depredations were coijimlt- obnn. ted. The troops were l)rought out about five (T clock xxnx and remained lookers on during all these ravages, -T*^' " We have not yet been able to ascertain the num- ber of wounded, nor do we believe that any life was lost on the field of battle, tliough many are danger- ously wounded. *' We will vouch for this — that 7/ the * Sons of Li- berty ' had not been provoked, no tumult would have been occasioned by their meeting ; express orders had been given by their chiefs to respect persons and property. Throughout they behaved themselves like heroes, and repulsed the attack in a manner which does them honor, since on their part no depredation was committed.'' The Morniiig Courier concludes its account of the riot of the Fils de la Liberie with the following re- marks : — " In regard to the proceedings of the day, and especially the destruction of property to which it led, we can only express our regret that they should have taken place. Where the fault lies, however, is clear enougn. The braggarts of the grand meeting in Bonacina's yard were the first aggressors, and the consequences of their aggression were less serious after all than they may be said to have deserved. The screwed up courage of their attack would doubt- less have brought upon them a far heavier reckoning, had not the downright poltroonery of their retreat enabled most of them personally to escape it. The attack upon a printing office we regret particularly, because it may so easily be made a means of strength- ening the hands of the party attacked. The party, however, that has appealed to, and indeed been the first to use, violence, has no real right to complain of the first return of their own coin that is made them. *' We hope that the proceedings of the day will at once make the 'fits de la liberie^ more chary of their T I" I I ;i I if! li if nl , # ilill 434 xxxi:c ISST. P Olmp. promises, and our owii party more careful of their organization. Had the Constitutionalists }>ecn or- ganized as they ought, an assailing body of mobocrats, hkc those of Monday, would never have had the upper hand even for the length of a single street, or for the space of one ten minutes, nor would the sub- sequent progress of a body of our own friends have laid them open to the charge of having themselves played the rioter, even by way of retaliation. " The promptitude of the magistrates was highly Sraiseworthy. "We hope they will continue in welf- oing ; and while their hand is in, we would suggest to them, now that a beginning is made here, to stop at no half measure, but to suppress at once, with a bold hand, all and sundry the illegal meetings that may hereafter be attempted within their jurisdiction. Should the ^Jils de la liberie^ undertake a drill, or anything of that kind on a Sunday, they must be sent about their business. There must be no back- ward movement. Shrinking can but make matters worse. Legally or illegally, any future drill of these gentry is now morally sure to be cut short. A fear- ful responsibility will rest on the magistrates, should their remissness leave the task to any others than themselves. " Since writing the above account, we have heard from good authority, that the magistrates had ob- tained assurances, some time previous to the hour of meeting, from the officers of the ^Jils de la liberie ^^ and also from the Doric Club, that no attempt should be made to parade the streets on either side. The Dorics were as good as their word. The other gentry first paraded the streets in small bodies to the meet- ing, and then raced through one street, after it. The apparent remissness of the Constitutionalists at the beginning of the affair, on which we have heard some parties comment, is thus honorably accounted for : ** * The Royal Montreal Cavalry were out last night 435 careful of their alists }>ccn or- iy of mobocrats, have had the lingle street, or would the 8ub- n friends have ing themselves iliation. tes was highly itinue in well- would suggest e here, to stop t once, with a meetings that ir jurisdiction, ake a drill, or they must be 3t be no back- make matters e drill of these hort. A fear- Jtrates, should others than re have heard 'ates had ob- o the hour of de la liberie^ tempt should side. The other gentry to the meet- Ifter it. The alists at the heard some unted for : ut last night under the command of Mr. David, as a patrol for the chap. citv antl suburbs. \Vc Icani that they turned out xxxix under tlie sanction and at the recjucst of the civil authorities. " ' A ])retty strong body ot the independent me- chanics of Griffintown patrolled the streets for some time last night, pretty well pre[)ared for all emcrgeu- cies. They could find nothing to do, however. *' * We have received a private comnuinication from Toronto, dated the 31st ultimo, from which we learn that, on that day the greater part of tlie troops in gar- rison at that place left for Kingston in the *' Cobourg," on their way to this city. The men, our informant assures us, were, as they ought to be, in the highest spirits, and were accompanied to the place of em- barkation by a great crowd of citizens. The troops left are no more than are required to guard the Commissariat funds, which are deposited for conve- nience in the vaults of the Upper Canada Bank. A deputation from the citizens of Toronto, had pre- sented an Address to His Excellency, volunteering the services of the two regiments of the city militia to serve in place of the troops, as a garrison. The Volunteer liifle Corps had presented a like Address. His Excellency had declined both, declaring that no force beyond what the civil authorities could at any time command, was at all needed for the preservation of the public peace. Six thousand stand of arms, accoutremeiits, &c., had been handed over to the civil authorities, and by them deposited in the City Hall, under the charge of a body of constables. It was thought possible, however, that the constables might be replaced by a volunteer corps for that pur- pose. Mackenzie's armed meetings, of which so much is made in the papers that are devoted to his service, are, according to our informant, held in utter contempt in his own neighbourhood.' — Courier. " Since writing the above, we learn, " says the 1887. . 1 j-: I ' t I iii i> 1: t ) 43G •ii ! -r Chap. Montreal Grazette^'''' that yesterday, about two o'clock XXXIX ill the afternoon, two ])ersons resitUiig at St. John's, isa?. one of whom holds the situation of Postmaster at that phice, calh.'d at the house of Mr. Macrae, and on being informed by Mrs. Macrae her husband was not at home, stated that the object of their visit was, to tell Mr. Macrae, that he must resign his commission as a Justice of the Peace. Mrs. Macrae replied, that she understood Mr. Macrae did not intend to comply with their request. The two w^orthies then pro- ceeded to the residence of Mr. Lindsay, it is supposed, with the same intention, but he was absent at Mon- treal. A third visit was tlien paid to Mr. Pierce, who, fmding the impossibility of receiving any pro- tection, either civil or military, was obliged to promise the surrender of his commission. Mr. L. Marchand was also compelled to resign. " We are also enabled to state, that toll dues can w^ith difficulty be levied on the bridge across the Richelieu river, though guaranteed by an Act of the Provincial Legislature. The tollman was told by the terrorists, that he must give up collecting toll, and leave his station, which he was obliged to do. Since then Mr. Jones has appointed one of his servants to receive the toll dues ; but against those who refuse to pay them, he has no remedy but to submit in silence. " As we believe that all these statements are facts that can be relied upon, some of them being made on oath, tliere can no longer be any excuse, in any (juartcr, for delaying to afford that succour and pro- tection to Her Majesty's subjects to which the law entitles them. " The accounts which come in fi\.m day to day, from the country round, and the neighborhood of St. John's in particular, are of a kind to show that matters are on the very point of reaching that crisis at which the long desired, active, and d. Jded intervention of \\ ^H;i| out two o'clock ^ at St. John's, stmastcr at that [acrae, and on uybancl was not ir visit was, to lis commission ae repHcd, that tend to comply [lies then pro- , it is supposed, hsent at Mon- ;o Mr. Pierce, iving any pro- ged to promise . L. Marchand t toll dues can Ige across the ■ an Act of the v^as told by the ing toll, and o do. Since lis servants to 3e who refuse to submit in ents are facts being made cuse, in any our and pro- lich the law day to day, :)rhood of St. that matters risis at which ervention of 4^7 the Government will become at once possible and chap, necessary. We have not chosen to deal out every xxxix report that we have heard upon the subject, because ^T^T' we are aware how very liable those reports are to be ^ ought exaggerated before they reach us. r^o nine certainly to be lost in stationing a body of troops at St. John's, and indeed, if we are not misinlbrmed, none will be lost. It is as necessary to keep a sufficient body together at the more important posts, as it is to station smaller ])odies at those of less importance. Gould Mr. Papineau succeed in breaking up every regiment into detachments, before winter, he might be said to have a chance in favor of his promised county rising. This chance it will never do to give him. But as soon as fresh troops come in, (and they are expected daily,) we shall look to see further dis- tributions taking place. Let the troops once be mo- lested, or their active interference once be called for, and then, and not till then, the business of agitation will be in a fair way for immediate settlement. Let neither government nor loyal subject be then found wanting, (as we believe they Avill not,) and the set- tlement will be promj)tly made and finally. The ' FORWARD ' of the ''fds de la liherte ' Avill never stand the ' steady' of those that will be anjainst them." The agitation in Quebec, though less ready to break out into rebellion than in Montreal, was equally zealous and ardent in the cause. The select meet- ings and resolves of the leading ' on Avere, it is said, regularly reported by trusty spies to the Government, which could at any time secure them. Emboldened by long endurance on the part of the Government, they imagined that it dared not, even within this the chief fortress of it^i pow^r in North America, lay hands upon them, and accordingly they bearded it by the audacity of their proceedings, in contempt of their allegiance and of the laws. Finally, it became absolutely necessary, for the maintenance of order, . * ' I I : ill .11 I \ '! i 'ii M ' :■ !;' if!' 1887. Chap, fence, His Excellency will instantly avail xxxix the services which have so zealously been him ; but placing implicit reliance on the the inhabitants of Upper Canada, the Lieut, must decline to accept any other personal than that which the laws afford to every of this noble Province. himself of offered to loyalty of , Governor protection inhabitant " I have the honor to be, &c., " J. Joseph. " Colonel Fitzgibbon, ** Commanding the 1st Toronto Militia." Mr. Debartzch, of whom there has been occasion previously to speak more than once, and who had patronized, as already mentioned, if not published, the " JScho du Pays,^ a violent anti-government and anti-British paper, printed at the village Debartzch, the place of nis residence, but who at length, seeing the frightful disorders coming on, in consequence of the political agitation he encouraged, had set his face against the doctrines it advocated, and had become exceedingly obnoxious, by reason thereof, to his quon- dam partiz&ns the " patriots." He was now active in exhorting the masses in his vicinity to moderation, and the employment only of constitutional mear j for the redress of such matters as they deemed grievances, and doing his utmost to allay the passions which he with others had helped to raise. But all his efforts were unavailing, and only served to bring upon him- self the indignation of the multitude he formerly had swayed, and who, from deeming him a patriarch on whose counsels they could rely, now turned upon him as an apostate and traitor to the cause, and one whom it would be a virtue to seize, if not immolate. It was accordingly determined to seize upon his per- son, and detain him as an hostage for the safety of any of their own associates in treason who might fall into the hands of the government. The attempt was h ail himself of len offered to tlic loyalty of 3ut. Governor nal protection ry inhabitant J. Joseph. itia." leen occasion ind who had )t published, ernment and 3 Debartzch, jngth, seeing isequence of 1 set his face had become itohisquon- low active in moderation, al mear j for sjrievances, which he his efforts upon him- )rmerly had atriarch on rned upon , and one immolate, on his per- ! safety of might fall tempt was 1837. 447 accordingly made, but aware of their purpose, he chap, privately left his manorial residence, effected his xxxix escape, and got safely into Montreal.^ Warrants having at length been issued (16th No- vember) against several of the leading and more active patriots in the city of Montreal, on charges of high treason, including Mr. Papineau, such of them as could be found were immediately arrested and lodged in prison. These were Messieurs Andre Ouimet, president of " lesfils dc la liherte^^^ J. Dubuc, Rn employe &.t a tavern, it was said, Francois Tavernier, George i)e Boucherville, an advocate. Doctor Simard, and a student at law named Xeblanc . Messrs. Papi- neau, O'Callaghan, T. S. Brown , Rodolphe DesRivieres and Ovide Perrault, getting wind of the measures in preparation for their arrest, e /aded the High Con- stable, Mr. Delisle, charged with the writs, and es- caped from town, directing their course towards the Richelieu, where the masses, though not yet actually up and in arms, were on the qui viue and ready to ri^e at the bidding of their chiefs. The same evening that these arrests took place, ♦ The details of this gentleman's flight are given as follows in the Quebec Mercury of the 25th November, 1837: — " Many contradictory reports have been circulated respecting the departure of Mr. Debartzch and his family from his residence and estate, but the following, which we translate from the Populaire, is, we believe, a correct narrative of what occurred on the occasion : " ' After the assembly of tlie six counties, and whilst Mr. De- bartzch thought himself in full security with his family, but after the agitators had endeavoured to scandalize the Church of St. Charles, on the reading of the mandementoi the Bishop, and had endeavored to establish in the parish a branch of the most noble order of the " Sons of Liberty" a report spread, or rather the report was set on foot, that Mr. Debartzch intended to retire from the village ; that he had chartered a steamboat to transport all his moveables, and that he was about to seek refuge, under the wing of authority, from the vengeance to which the harangues of Papineau had excited the peo- ple of the parishes against those whom he proclaimed as the enemies of the patiiotic cause, so called by him. Mr. Debartzch was in- formed that preparations were making in the neighbouring parishes to collect a party, and that he might expect something more serious i f mm ' 1 i , • ii H 1 1 1 I 1 1 'I 448 Clmp. 'V P«'^rty, consisting of citrlitrcn of the Volunteer XXXIX Cavalry, was cl-spatchcd, under Lieut. £nnatin«j;er, ^rrrr'to JSt. Jolm's, attended by a eonstahie, to arrest two inhabitants of that ])laec, Messrs. Davi^non and Deniaray, eharged with treasonable praetiees. Hav- ing; (juietly effeeted their purpose, they left St .John's, on their return, about three o'eloek the following ^ morning, taking the road through Chambly to Lea- gue nil. The following is a report of the ease, as taken from a Montreal nev'spa])er: " Not far from Chambly, they met with a party of about 80 persons, variously armed, who, lunvever, went off as they approaehed. At about a mile from Longueuil, they were warned by a Moman, that a large party of men was in waiting for them a little i'urthcr on ; but from some cause or other the infor- mation was disregarded, and the i)arty proceeded as before. They had gone on but a very short distance, when they found themselves almost close to a body of about 300, in a field on the right of the road, protected by a high fence, and armed with rifles and than a charivari. One night, ahout eijiht o'clock, the footsteps of a numerous crowd were heard about his liouse ; Mr. Debartzch went out in his veranda and saw, before the gate of his grounds, a party of jnobably 200 persons, many of whom were armed ; it was dark, however, and it was diifioult lo identify individuals. *' * The family of Mr. Hebartzch w^ere in a state of anxiety which it is (Ufficult to describe, but he retained his calnuiess and self-pos- session, and remained unshaken ; he continued to walk in the veran- da, and saw a gun presented at him, which was snapped, but fortu- nately only burnt the priming. These people remained for a con- siderable time befoie the house; at length a voice cried out, " It appears that he does not set out on his journey to night ; we will return again." " ' The night was passed by the family in a state diflicult to de- scrilic, and which was only relieved by the courageous conduct of the master of the house. " ' Tlie next day a more numerous party, at the head of wliich was the ex-Major Drolet, Dr. Duvert, and many others, jjosted themselves in the village, and sent as iheir herald one ]\Tar{;hcsseault. 1 One of the daughters of Mr. Debartzch, being excited with unusual „i| 2 Volunteer £nnatin«j!;cr, () arrcsl two ivi{:;iiou and ticcs. Ilav- 11 St . Jolin's, he following ibly to Lon- sc, as taken ill a party of lo, however, a mile from man, that a them a little 2r the infbr- ^roeeeded as lort distance, e to a body [)f the road, th rifles and le footsteps of a )ebartzch went ountls, ci J'arty [1 ; it wns diuk, ' anxiety which h anil self-pos- Ik in thtiveran- iped, but fortu- jned for a con- Iciiod out, " It light ; we will llifficult to de- )us conduct of lead of wliich others, i)osted iTarchcsseault. 1 with unusual \ 440 muskets. The party in advance moved on to pji'-*< chai>. them, ])nt was received by a heavy fire, which it was xxxix impossible for them to return with ett'cct, armed as "Tg'yT" they were with pistols only, and from a body which, on account of the hiji;h fence, they could not charge sword in hand. Under these circumstances, they fell back on tlie main body of the party, thongh not until several shots had told with effect upon them. Lieut. Ermatinger was wounded with duck-shot in the face and below the shoulder, Mr. SI arp received a bullet through the leg, a little below the Knee, and Mr. John P. Ashton also received a slight wound from a shig. Mr. John Molson, junior, had a narrow escape for his life, a bullet passing through his cap and grazed his head. Mr. Joshua Woodhouse also was wounded severely. Several of the horses wTre more or less wounded. In turning to retreat, the wagon in which the constables and the two prisoners were, was upset and necessarily left behind by the cavalry, who then made their way into Longueuil, across the fields. On arriving there, they found a detachment of two companies from the 32nd Regiment, under courage at the appearance of a man who owed all ho had to the protection and generosity of Mr. Debartzch, cried out, " My dear father, I hope you have too much respect for yourself to hold any communication with so low a fellow as I see before you." Rlar- chesseault dropped his head like a criminal struck to the earth on hearing the sentence the judge is pronouncing upon him. Mr. De- bartzch replied, " Never mind, my dear, I shall not forget what I ought to do, and am fully sensible of your filial affection under such trying cir'umstances." " * Marchess^: jult then ventured to lift his eyes half way, and ihltered out, " that there were painful moments in life ; that he never should forget what he owed to Mr. Debartzch, but that the gootl of his country was above all consideration, that he was deputed by the people to demand from Mr. Debartzch a plain declaration, that he had not advised the government to arrest the signers of the address, at the meeting of the six counties. That without sucli declaratioa he was sorry to say he could not be accountable for the conse- quences." Mr. Debartzch could honestly do so, and he had r.o hesitation in declaring, as was required of him, in writing, provided the leaders of the party signed a passport that should secure himself 1'. x-.-u;j'wi,„^^,_ 450 Chap. Major Reid, who had been despatched at an early XXXIX hour from Montreal, to receive and support them in 'TICT' case of necessity, but whose orders had unfortunately directed him not to proceed beyond Longueuil. The prisoners had, however, then made their escape, and the whole body returned to the city for further orders. Some two hoars afterwards, Constable Malo returned to the city, reporting none others killed or wounded, and of course without his prisoners." This w-is the first armed resistance to the laws, and the success of it, of course, elated the patriots beyond measure, inspiring them with an undue con- fidence in their strength and prowess, which they shortly after found to be premature. The rescuing party was under the direction of Mr. Bonaventure Viger, assisted by Doctor Kimber, of Chambly. The flight of Mr. Papineau and several of his more prominent colleagues from Montreal, was a signal „ for the gathering of the masses on the Richelieu. A considerable body of patriots accordingly assembled at the village Debartzch, in the Parish of St. Charles, taking possession of the Manor House, which Mr. and family a safe passage to Montreal without insult or molestation. Marchcsseault carried back this answer; a consultation was held, but it is supposed tlie leaders were cautious in giving sucVi a passport, as it might furnish proof of their insurrection, for Marchesseault re- turned with an answer, that they would be contented if Mr. De- bartzch would ])ledge bis word to the same effect. The party withdrew shortly afterwards. " ' In the course of the day fresh movements were made amongst the insurgents; the most contradictory reports were circulated, and nienaces of burning and pillage were not spared ; several persons came to Mr. Deba'-tzch to persuade him to leave his house, urging upon him that his family would be exposed to less danger than he would encounter, and that a moment's delay might render his re- treat impossible. Overcome by these remarks and by the urgent solicitation of his family, Mr. Debartzch consented to withdraw, and set out about night-fall. " 'On the day next but one a steamboat, chartered by Mr. De- bartzch, arrived to bring away all his family, and they eventually arrived in safety at Montreal , grateful that under Providence they had escaped the dangers by which they were surrounded.' " J; «■ Rt an early 3ort tliem in mfortunately gucuil. The : escape, and irther orders, [alo returned or wounded, to the laws, the patriots 1 undue con- which they rhe rescuing Bonaventure hambly. al of his more was a signal Richelieu. A assembled St. Charles, which Mr. 1'/ It or molestation, ation was held, sucVi a passport, archesseault re- Inted if Mr. De- ct. The party re made amongst circulated, and several persons |is house, urging danger than he It render his re- by the urgent |d to withdraw, led by Mr. De- Vhey eventually providence they inded.' " 451 Debartzch had lately abandoned, throwing up also a chap. rough breastwork of logs and timber round the vil- xxxix lage to prevent surprise, and by way of defence "TTCT' a<>;ainst troops that might be sent to dislodge them. This was, it seems, to be the head quarters of the insurgent or patriotic army, south of the St. Law- rence, of which Mr. Thomas S. Brown now assumed the command, by authority, it was supposed, of the permanent Central Committee of Montreal, or by nomination of Mr. Papineau himself. The commis- sariat, to subsist this assemblage of some 600 to 800 habitants^ was supplied by plunder collected by marauding parties under the orders of the commander of the so called patriotic army, who, it was said, L succeeded in depriving several of his mercantile ac- " quaintances at Montreal of considerable quantities of grain and flour, which they recently had purchased from the farmers in that quarter, and stored, to be forwarded in course of the autumn to Montreal in lighters or small river craft. '^ The following shews the spirit that actuated the loyalists at Montreal : — " Montreal, (Herald,) Nov. 25. " The intelligence from the country has converted this city into a barrack. All the wards are armed, and the volunteer brigades have pretty well com- * " Yesterday Mr. Perrin of St. Antoine, shipped some wheat in boats to the care of Messrs. Dempster & Rodger, of this city, but a portion of it was seized for the patriotic army by Mr, T. S. Brown, who appears now to have charge of the Commissariat. Information was received in town yesterday that Papineau slept on Tuesday evening at the house of Wolfred Nelson, and that he is now at St. Charles along with O'Callagl in, Brown, Des Rivieres. Gauvin. C;y;j tier, Beauhicn , Duvernay, Louis Perrault, and several other m rpls. "■^' iTie rebels, under the command of Mr, T. S. Brown, havelauTan embargo on all the grain in the district in wliich they have taken up their quarters. A clerk of Messrs. Dempster and Rodger's was sent a few days ago to superintend the shipment of a considerable quantity of wheat from St. Antoine, but was informed by Mr. Brown that he could not allow it to leave the place where it was 152 i< > \ r, J '(I, iH Gbap. ploted their organization. In the remote contingency XXXIX of any attack on the city, there will be no want of ^"n'Tr^arnis or of men to wield thcni; bnt, as discipline is absohitcly reqnisitc to make the few eqnal to the many, we cannot too strongly impress on the powers that be the necessity of regularly drilling all the volunteers, and of as regularly paying all such as may stand in need of any." A considerable mustering of the patriotic forces now took place at St. Denis, on the river Chambly, under the direction of Doctor Wolf red Nelson, who having for many years resided in that parish, where, besides practising his profession, he carried on a brewery and distillery 'on an extensive scale, was popular among his neighbours and the yeomanry of the adjacent parishes, and distinguished also as a devoted and active partizan of Mr. Papineau, and staunch patriot in the prevailing sense of the word. Shortly after the rescue of Messrs. Davignon and Demaray, the following appeared in the public pa- pers, signed by several magistrates of French or foreign origin, resident in Montreal : — '' To the Inhabitants of the District of Montreal : " As magistrates and conservators of the peace of Her most gracious Majesty in this district, we con- ceive it to be our duty to anticipate the serious events stored, as he was seizini^ all the grain he could find for the patriotic army ; he also sent his com])]iments to several of his quondam friends in town that he would be happy to see them at St. Charles, where Mr, Debartzch had left a large supply of fut turkeys, pigs, geese. &c., and had l^esidos an excellent stocked wine cellar. " Wo understand from the Herald of this morning, that Mr, Chaf- fers of St. Cesaire, the magistrate who bad become so obnoxious to the iutimidators of that place, in consequence of bis refusal to give up bis commission, has been obliged to fly for bis life, and leave bis bouse and property to the mercy of bis enemies. Sboi-tly after be went away, about a hundred and fifty armed men entered bi^i bouse, eight of whom presented their guns to Mr. Chaffers' clerk, in order to induce biui to tell "where bis master had gojio to." — Montreal Gazette. contingency no want of discipline is qnal to the 1 the powers llino; all the all such as riotic forces 2Y Chambly, kelson, who Irish, where, arried on a c scale, was yeomanry of L'd also as a pineau, and f the word, aviffnon and ) public pa- ' French or lontreal : the peace of •t, we con- rious events |tbrthe patriotic his quondam lat St. Charles, 'turkeys, pigs, cellar. ,thatMr.Cbaf- lo obnoxious to refusal to give |ife, and leave Shoi'tly after m entered bid lafters' clerk, |id gone to."— ; 453 which threaten the public tranquillity, and, in a chap. fatherly feeling, to warn you of the danger you will xxxix incur if you allow yourselves to be longer deceived, "T?^ as well as of the punishment that may fall upon you if you continue a contest as parricidal as it is unlaw- ful. " The officers of justice have been fired upon in the performance of their painful duty ; prisoners who had been lawfully arrested, that they might be tried by the tribunals of their country, have been liberated, these are grave olfences, and draw after them the most severe punishment upon those who have been guilty of their commission. "It is not you, inhabitants of the country, natu- rally peaceable in your habits, who have voluntarily opposed yourselves to justice ; but it is those perfi- dious men who have pushed on some isolated indi- viduals to commit these acts unworthy of those who know how to respect the public peace and the laws. " We exhort you not only against all violent pro- ceedings, but also to return quietly to your own hearths and to your family, in whose bosom you will be free from molestation. It is by committing your- selves to the protection of the law and the British Go^^ernment, that you will succeed in bringing back peace and prosperity to your country. Already are we informed that several parishes which had gone astray have returned from their wandering and re- pented of their error. " If our voices were not well known, if there was a reluctance to listen to reason, still it would, never- theless, be our duty to warn you that neither the military force, nor the civil authorities, can be as- sailed with impunity, and that the vengeance of the law will be as prompt as it will be terrible. The aggressors will become the victims of their temerity, and they will owe the misfortunes which will fall upon their heads only to their own obstinacy. Those :''*''**^'''*^^'>^>i>^im£ii»^ II ) <;■•■ m f vl y ■ J I 454 Chap, who urge you to these excesses are not your true XXXIX friends. They have already abandoned you, and ^T?r^ ^vill again abandon you in the moment of danger, whilst we who would recall you to the paths of peace believe ourselves to be the most devoted servants of our country.'^* On this occasion a *' General Order" was issued, on the 2ist November, as follows : — " Head Quarters, " G. 0. Montreal, November 21, 1837. " The Lieutenant General Commanding desires that officers commanding military stations will circu- late as widely as possible the accompanying copies of an Address from the magistrates of Montreal to the inhabitants of the Montreal district ; and that they will take every opportunity of impressing upon the irtixids of the peasantry, that troops have been collected solely for the protection of the li\es and pioperty of the loyal inhabitants ; and that all those who remain quietly and peaceably in their houses, will be pro- tected and secured in the full enjoyment of their homes, and that every man found in arms, without authority, or offering resistp'v-e to the due execution of the laws, will be treated w- i the utmost rigour. ** John Eden, "Lieut. Colonel, Dy. Adjt. Genl.'» But a much more noble document than the above was presented, on the 24th November, to the Gover- nor at Quebec, by a number of truly patriotic gen- tlemen, whose names deserve to be recorded in letters of gold, for the admiration and respect of posterity: i - * * J>. B. yif; er. Pierre DeRocheblave, Louis Guy, Edouard M. * Leprohon, Eueiine Guy, P, R. Leelerc, William B. Donegani, Chaa. I J. Rodier, Alexis L c Tambo iBC, Jules Quesnel, Feiix Souligny, P. i t your true d you, and t of danger, ,tl\s of peace servants of was issued, !iIvS, 21, 1837. ling desires iS will circu- ng copies of treal to the bat they will n the minds ;n collected pioi'crty of who remain vill be pro- mt of their ns, without e execution 3st rigour. JEN, Genl." the above the Gover- riotic gen- d in letters posterity : Edouard M. snegani, Chaa. Souligny, P. 455 *' Quebec, 24ith November, 1837. cbapi " Sib, — ^In the present state of the Province, we ""* the undersigned, beg to tender our service as Volun- 133^. teers in aid of Her Majesty's Government, to be en- rolled as a corps of Light Infantry, or in any way His Excellency the Governor in Chief may direct. " We want neither pay or allowances, and will serve under any officers His Excellency may appoint. " We have the honor to be, &c., "John Eraser, A. Simpson, James Sealy, James Hamilton, Robert Maxwell, Philip Holland, W. Tre- main, Chas. Poston, Chas. Poston, jun., R. M Long- muir, William Penny, David Young, William Price, James Bell Forsyth, 1). Burnet, W. H. A. Davis, Robert Shaw, Thomas Morkill, William Ramsay, W. Steven'sonTT^. Stevenson, Thos. C. Lee. H. Burstall, J. Charlton Fisher, Jno. Thompson, Edward Ross, R. P. Ross, Jas. H. Tubby, H. W. Gibsone, G. F. Gibsone, W. D. Dupont, Wm. A. Guppage, William Creelman, Paul Lepper, E. Lane, R. Chalmers, A. Lenfesty, Richard Wainwright, E. E. Holt, G. W. Thomas, W. C. Henderson, A. G. Stewart, G. Forrest, James Dean, Geo. Mountain, James Burns, Adam Burns, James B. Edie, A. Laurie, Rice Meredith, Thomas Jackson, John Sinclair, D. J. Graddon, H. Le Mesurier, J. Tos. RoUo, W. H. D. Jeffery, Hr ry Sharpies, J. S. Campbell, James Gibb, J. W. L ly- craft. And. McGill, A. Bell, Jno. Bonner, And. H. Young, A. Jno. Maxham, G. H. Parke, Dun. Mc- Pherson, Jas. G. Ross, Geo. S. Pierce, W. Lampson. " To S. Walcott, Esq., &c., &c., &c." " Castle of St. Lewis, " Quebec, 27th November, 1837. " Gentlemen, — Having submitted to His Excel- lency the Governor in Chief the letter dated the 24th instant, and signed by you and a number of *. her highly respectable inhabitants of this city, tendering « '1 '^! : »^ i ■ 1? •VKtSMMUtL. m^-^*l\ m Chap. XXXIX 1837. 450 your gratuitous services as Volunteers, to be enrolled as a corps of Light Infantry in aid of Her Majesty's Government, I have been directed by His Excellency to assure you that he accepts with great pleasure and satisfaction the offer you have so handsomely made on this occasion, and most wiUingly sanctions the formation of four companies of 60 to 80 men each, two of such companies to be rifle companies, and the whole to be called the ' Quebec Light In- fantry Corps.* *' I am further to ac(iuaint you that His Excellency has been pleased to appoint the following gentlemen to officer such corps, viz: — ^' J. S. Campbell, Esq., to be Captain, " Thomas Froste, Esq., to be Lieut., " Paul Lepper, Esq., to be Ensign — in the First Qoiiipamj. " A. Simpson, Esq., to be Captain, " H. Sharpies, Esq., to be LieuL, " E. II. Davidson, Esc , to be Ensign — ^in the Second Oompany. " John Young, Esq., to be Captain, " H. J. Noad, Esq., to be Lieut., *' W. PatersoU;, Esq., to be Ensign — in the Third Oompa7ii/y and " G. B. Cullen, Esq., to be Captain, '' Wm. K. Baird, Esq., to be Lieut., and " Mr. J. Martyn, to be Ensign — in the Fourth Company. " The two last companies to be rifle companies. " I have the honor to be, &c., " S. Walcott, Civil Secretary. "To\V. Price, &c.'* The Ic yal of the citizens of Quebec accordingly formed tlie;uselves into military corps, the parliament building being assigned them as a drill house, and ) be enrolled 31' Majesty's s Exeelleney eat pleasure handsomely ;lv sanctions to 80 men ! companies, !C Light In- 3 Excellency ig gentlemen ■in the First 5ign — ^in the n the Third md the Fourth ompames. Secretary. accordinfrl^' } parliament house, and ZXZIX 1837 457 they gratuitously did the garrison duties during the chap, whole winter. The patriots of this city, though galled at the gallant conduct of their fellow-subjects of British origin, were quiet, and affected even to hold loyal meetings, but not until after the affair at St. Charles we are presently to notice. At these meetings, however, notwithstandingt he endeavours at self-constraint, the true feeling occasionally burst forth and but too evidently appeared. We are now to notice the military proceedings which took place in consequence of the assembling of the patriots and the open rebellion that had actually broken out in the district of Montreal. The day after the rescue of Davignon and Demaray, four companies of the 1st or Royal Regiment, under the command of Lieut. Colonel Wetherall, accompanied by a small detachment of Artillery, with two field pieces, under Captain Glasgow, and some 16 to 20 of Captain David's Montreal Volunteer Cavalry, crossed from Montreal to Longueuil, attended by the Deputy Sheriff, Mr. Duchesnay, and Messieurs^. Belling- ham and P . E. Leclerc, magistrates. TfieyTmmedi- ately went on to "B^rt Chambly, where they took quarters for the moment, awaiting further orders. They were not entirely unopposed on the march, as, from the following sketch of it, probably by one of the party, may be collected : — " The spot where the attack was made on Friday upon the cavalry, is, as we now learn from parties who have since gone over the ground, from two to three miles out of Longueuil. On arriving at the place, the detachment found the wagon in which the prisoners had been conveyed, lying by the road- side, a dead horse in the road, and tracks of blood in the field where the assailants had been posted ; from which it would appear that some execution was done by the fire of the cavalry previous to their re- u r iW'4i|. :BaKa.vitaa>j 468 'ks h < i '! hi Chap, treat. The houses and barns by the road-side, from xxxix which the cavalry had been fired upon in their re- T^CT treat, were all found with the doors and window- shutters nailed up. A careful search was of course made, but though the fires were still burning in some of them, there were neither weapons nor inmates to be found in any. The party then proceeded along the road, finding the houses, with one or two excep- tions only, deserted^ and uniformly without arms m them. Scouts were frequently seen mounted, and riding down the several concession roads towards the main road ; but on sight of the troops, they uniformly started off again. An individual who was met upon the main road, stated that as he came along he had seen numbers of men, women and children, leaving the houses along the road, and going off right and left, the men mostly armed. About six miles from Chambly a man was overtaken on the road, armed. When arrested, he admitted that he had turned out to join a party that was designed to intercept the troops. About a mile further, the cavalry, who were in advance of the main body, gave chase to a party of about 30 armed horsemen, whom they saw at sc le distance before them, and who made off imme- diately at full speed, turning to the left up a conces- sion road towards the Bellceil mountain. After a mile and a half of hard riding, most of them took to the woods, while the remainder made their escape along the road. A company of the infantry coming up, were then ordered into the bush, the cavalry being drawn up along the edge to cut off such as might be driven out. Some twenty or thirty shots were exchanged, with what effect on the rebels is not known, and two prisoners named Mongeau, father and son, and four horses, were taken. None of the soldiers were hurt. The elder Mongeau, when taken, was armed with a horse pistol, the younger with a fusil Both had a good supply of ball-cartridge, a 4o:) d-side, from in their re- nd window- as of course ling in some ' inmates to ?eded along ' two excep- out arms m mnted, and towards the y uniformly IS met upon 3ng he had en, leaving f right and miles from ►ad, anned. turned out tercept the , who were to a party ley saw at i oiFirame- p a conces- After a em took to leir escape ry coming le cavalry £f such as lirty shots 3 rebels is au, father )ne of the len taken, er w4th a rtridge, a 1887. part of which they declared to have been served out cht^p, to them by Di. Kimber, of Chainbly, one of the -ixxix niisshig heroes of the revolution, whose ]»rcseiit iocalu is by many shrewdly conjectured to be south of the line 45**. On arrivinji; at JJooth's tavern, not far from Chainbly, a party of about 100 men were found posted just beyond the bridge; but they made otl' so fast, as the troops came up, that only four of them were taken. The party reached Chambly with their seven prisoners a little after sun-down. From the general statements made by the prisoners, it is evi- dent that a large body of men had b^en called out to oppose the troops^ and that courag( ., rather than numbers, was wanting to induce them to attempt it. The two Mongeaus, we understand, are identified as having been of the party that fired on the cavalry on Friday. The two m.agistrates and the de]:)uty sheriff returned on Saturday to the city. The troops, with their prisoners^ who are placed in separate confine- ment, remain at Chambly." It being now ascertained that the patriots were collected in considerable numbers, as well at St. Denis, where Doctor Wolfred Nelson was the leading man, as at St. Charles, (village Debartzch,) under Mr. gliomas Storr ow Brown, it was deemed neces- sary to take"1n[iea^ures*!o*^ these assemblages, and to apprehend their chiefs. Accordingly three companies, besides those that had proceeded to Fort Chambly, of the 24th and 32nd Regiments, one field- piece, and a small detachment of the Montreal Cav- alry, under the command of Colonel Gore, were em- barked on the 22nd November, on board the steam- boat St. George, (C. L. Armstrong, master,) for Sorel, as the most expeditious route to St. Charles ; Lieut. Col. Wetherall, stationed at Chambly, had been furnished with instructions to march, with the Royals, uj)on the same point, so as to meet and form a junction with the force under Colonel Gore. The troops un- • 1 ( li! I { V\\ i; 460 XXXIX 1837 H ^^ (ler Colonel (iorc were landed at Sorel on the same ni^ht, and nbont ten o'eloek, notwllhslandiiifi; the darkness of the ni«rht, and tlie extreme inclemen("y of tlic weather ; the wind being squally and tem- pestuous, with frequent showers of sleet and rain, they, with the adtiition of the light eompany of the 66th, under Captain Crompton, stationed at Sorel, were marched towards the supposed seat of the enemy. The roads, as they always are at this period of the year, were in a horrid condition, and the mud and water, during almost the whole march, were knee deep. After an unexampled and truly harassing march of about twelve hours, the troops arrived in the neighbourhood of the village of bt. Denis at about ten o'clock on Thursday morning. A picket of the cavalry being at this time in advance, and making two prisoners of the patriotic party, brought them in to Colonel Gore, who learned from them that the insurgents were posted in great force in the village of St. Denis. " The necessary orders were then given for the troops to advance, an order which was promptly obeyed, notwithstanding the harassing and fatiguing march of the night. Towards the north-eastern en- trance of the village of St. Denis, there is a large stone house of three for our stories, which was discovered to be full of armed men, who opened a sharp and gal- ling fire upon the troops. The skirmishing party here consisted of the light company of the 32nd, under Captain Markham. Within a quarter of an hour after the firing commenced, Captain Markham was severely wounded in the leg; and, almost at the same moment, received two dangerous wounds in the neck, which brought him to the ground. In con- veying him to the rear, he received another wound, a proof of the dexterity and precision of the fire kept up by the patriots. It was found by Colonel Gore that the infantry, deprived of the assistance of Colonel I the same riiidiiifi; the nclcnieiiey and tcin- and rain, >nipany of Eitioned at ed seat of* are at this lition, and ale niareh, and truly the troops Ligc of St. ^rning. A I advance, :)tic party, rned from ;reat force n for the promptly fatiguing istern en- irge stone iscovered ) and gal- arty here d, under an hour ham was the same s in the In con- ' wound, fire kept jore that Colonel 4(ji Wethcrairs force, was inadequate to cope with the terrible fire of iiuisketry that was k(j)t up and di- rected against them from the stone house. The fiehl- piccc, accordingly, was brought to l)ear uj.on this fort of the insurgent army, and injured it consider- ably, sending many of the inmates to their final ac- count. Notwithstanding, as the amnumition was nearly exhausted, it was deemed prudent to retire, in order to maintain the conmiunication with Sorel, as many of the inhabitants were seen gathering from all directions to the scene of action. At about half- past two in the afternoon, the order to fall back was given, and with the loss of six men kille^l and ten wounded , a retreat was commenced. Tiie roatis were so bad that it was impossible to get further than three miles that night ; and Colonel Gore was under the necessity of bivouacking till daylight of Friday morning (24th), when he again commenced his march upon Sorel , which he reached that afternoon. ' ' The Deputy Sheriff, Mr. Juchereau Duchesnay, charged with warrants to ap))rehend Doctor Wolfred Nelson and others, of St. Denis and the neighbour- hood, for treasonable practices, accompanied the ex- pedition. The precise loss of the patriots on the occasion has never been distinctly stated, though several must have fallen. ^ Among these, Ovide * I have but very recently obtained front a gentleman, Avho was with the patriots at St. Denis and engaged on their side in this action, the following statement, which I am satisfied is correct as to the number of patriots slain, and which is not so considerable as when the above was written it was understood to have been. Ac- cording to the following, the first shot it seems came from the troops. Names of persons killed at St. Denis the 23ril November, 1837 : Residence. Age. Married. Single. V Joseph Dudevoir, V Eilsebe Fancuf, l^Antoine Lusignan, >^ Pierre Minctte, V Charles St. Germain, J^«^enjaniin Duroeher, ^Lev^' Bourgeois, Ckftp. St. Denis, 89 1 a 19 1 « 54 « 80 « 25 St. Autoine, 40 u 40 ;t Mi ii! .i;i: . i IMAGE EVALUATION TEST TARGET (MT-S) s. {./ V- X-t^ fe /.5 y. * o 7 /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 % f\ :\ \ Q ^. c> 6^ 46^ ^'^P- Perrault, M. P. P., a barrister and young man of ' .^.^^ considerable promise, was very generally regretted. 1837. Several of the soldiers also fell, it is said, during the retreat. Three or four, who were wounded during the action, were, v/itli a field ])Iece, which, owing to the very bad state of the roads, and the great fatigue of the troops, it was found impossible to bring away, left behind, and fell into the hands of the victorious patriots, who treated the wounded with great care and kindness. Doctor Nelson, notwithstanding his errors as a British subject, great and grave as they were, in forgetting the respect he owed to the laws of his country, and his duty and allegiance to his Sovereign, to his honor be it told, did not, after the action was over, forget the duties of humanity, but bestowed the greatest of attention on the wounded soldiers who were left behind, and with a kindness as they stated, that could not be exceeded by their own regimental surgeons. This second and signal success of the patriotic cause, elated the patriots in all quarters of the Pro- vince, who, as the navigation was on the point of closing, and the arrival of reinforcements by sea v^Damien Romain, "^ Honore Boutiliet, V Jean Bte. Pattenaude, y Ovide Perrault, Francois Dufeault, t^Franyois X. Lamourcux, St. Oura, 1 This man was not eng:^ged, nor in the battle. He was standing as a spectator at the corner of a street, at some distance from the troops. 2 Killed before the battle, several acres below where it took place, as he was crossing a fiekl. 3 His body was found and rooogiii-^od between St. Denis an(l St. Ours, at the breaking up of the ice tlie spring following. He waa killed by the troops on arriving, shortly previous to tlie engage- ment. It is said that these two persons were killed before a shot •was fired from the house in which the patriots took post, or el»6- where, Quebec, 1st November, 1852. Residence. Age. Married. Single. (( 20 1 K 20 1 St. Denis, 66 1 Montreal, 25 1 St. Denis, 25 1 , St. Ours, 17 1 iii »ng man of ' regretted. (luring the led durinp 1, owing to eat fatignc ring away, victorious great care Hiding his ^^e as tliej 5 the laws ice to his after tlie mitj, but wounded indness as by their patriotic the Pro- point of ' hy sea ied. Single, 1 1 1 1 1 ts standing ! fi'om the 'e it took lis and St. He was B engag«. I'e a shot ■, or elae- 1837. iti;J deemed impracticable, and the advent of such overland oh»p. out of the question, now counted upon certain success, xxxix But the tables were about to turn against them. Lieut. Colonel Wctherall had left Chambly for St. Charles, the head quarters of the patriots, at the same hour, on the 22nd of November, at which Col. Gore left William Henry for St. Denis, being reinforced by a company of the 6Gth Regiment, which joined him at Fort Chambly. The patriots were evidently on the outlook for them, it being observed by the troops that, on crossing the basin at the Fort to the east side of the river, blue lights fired by the patriots gave notice to their friends at St. Charles, some dis- tance lower down, of Colonel Wetherall's movement. " The troops proceeded, encountering the worst of weather and roads, through the night, and through the forenoon of Tlmrsday, till on arriving at Rouville, some six or seven miles from St. Charles, they found a bridge of considerable size removed, and were forced to bivouac there for the night. The next day appears to have been spent in getting up a new bridge, refreshing the troops, and obtaining informa- tion. Major Ward, with the Grenadier Company of the Royals, from St. John's, also joined the main body during that day. Major Ward had reached Chambly too late to join in the march, and had there- upon taken the precaution to procure scows and battcaux for conveyance of his company down the river to Rouville, by which means they arrived at that place fresh and well prepared for service. "During the whole of this time, the communica- tion by despatches with Chambly and Montreal, w^aa extremely irregular, most of those sent out towards Rouville being driven back, and little or no news being brought in from that quarter. All sorts of reports, of course, prevailed by turns. " The march v^ras accomplished without opposition or hindrance, except from the breaking down of the if, '■ r i|'! Mi • ) Ml \ ! !} •l!i Ij 1837. ):i 464 bridges, &c., until he arrived within a mile of St. Charles, when the troops were fired upon from the left or opposite bank of the Richelieu, and a man of the Royal Regiment wounded. Several rifle shots were also fired from a barn immediately in their front, whereupon the barn was immediately burnt. On arriving at two hundred and fifty yards from the rebel works. Col. Wetherall took up a position, hoping that a display of his force would induce some defection amongst the infatuated people ; they, however, opened a heavy fire, which was returned. The gallant Colonel then advanced to another position, one hundred yards from the works, but finding the defenders obstinate, he stormed and carried them, burning every build- ing within the stockade, excepting that of Mr. De- bartzch, which, however, was much injured. * * The affair occupied about one hour. The slaughter on the side of the patriots was very great. An indi- vidual states, that he saw upwards of 162 buried, and there remained many more ; besides which a great many were killed in the buildings, and their bodies burnt. Their wounded were three hundred and odd."* It is a fact, not mentioned in any of the reports of the time, that in the morning of the day in which this action took place. Colonel Wetherall sent word (by an old and apparently very respectable hahitanty who, travelling in the direction of St. Charles, had fallen into the hands of the military in advancing), that if they would disperse to their respective homes before he reached that place, he pledged his word that no perquisition as to those who had rendezvoused there in arms should take place, and that all should be passed over and consigned to oblivion. No regard, * If Mr. Brown's statement (see at the end of the Chapter) is correct, this must be greatly exaggerated. ile of St. from the a man of ifle shots leir front, rnt. On the rebel ing that a defection r, opened t Colonel red yards bstinate, y build- Mr. De- laughter A.n indi- ied, and 1 a great bodies ed and ports of which word ahitanty had lomes word oused should egard, )ter) is IS 465 however, being paid to his communication, vigorous action consequently became necessary.* Two 24-pounders had been mounted within the entrenchment upon which the attack was made. They were spiked by the captors, and cast into tlie Ilichelieu. Upwards of a hundred stand of arms also were taken and destroyed. The fort was well pro- visioned. The force assembled at the outset was said to have amounted to 1500, and many of them fought with a spirit worthy of better leaders, and of a better cause. Mr. Brown, " the General commanding," is repre- sented as having disappeared previous to the assault upon his fortifications. According to the prisoners, he rode off at the very first of the fire, telling the unfortunate men he had posted in the entrenchments, that he was going to bring up a reinforcement he had in reserve at a short distance, but was not after- w^ards seen nor heard of by them.f He effected his retreat into the state of Vermont, after much diffi- culty and suffering, sleeping out in the woods for several nights without shelter or fire, and under cold and heavy rains, and of which he afterwards gave a * The following is a return of the killed and wounded of Her Majesty's troops: — KILLED. Sergt. R. 470 ! B if Chap, is subjoined, as published in the 3Ii7ierve of the 2l8t xuix August, 1848, — " M. Tapincau etait h St. Denis ^T^Jp'depuis T)lusieurs jours, avant la bataillc, organisaut avec le Docteur Nelson et les autres, les nioyens do rcsistanee. M. Papineau etait eonsidere co'.nnic Icchef dumouvemeut. Quel({ucs jours avant la ba- taille, j'ai sijrne a ISt. Charles, a la deuiande de M. Papineau, un doeument pour convocation de deleguus et declaration d'independance. Quand j'ai signe, il n'y avait avant la mienne que les signatures de M. Papineau et du Docteur Nelson." It consequently seems that the document was not in itself a declaration of independence, but only for a convocation of members of the Assembly or dele- gates, as a step preliminary to ulterior measures, in- cluding possibly a declaration of that nature con- templated by Mr. Pa])ineau. avez livre aux Jtammes Ct i'approrhe dcs troupes, ainsi que nombre d'antres papicrs, afiii qu'il fut iiuposttible de ddcouvrir aucim de vos faits, qui auruient pu voub conipromettre. " N'est-il pas ridicule de vous entendre dire que voub voub ^tes mis soua me3 ordres a St. Denis, ou v^ous avez cnerch6 j)rotection et vous etes eonstitue subalterne, sous uu Lorame, que vous reconnaissez maintenaut pour " avoir etetoujours un furieux, etc." Expiiquez-nous done cette incoherence ? Mais si notre but eut 6t6 atteint, m'auriez-vous, avec votre abnegation ordinaire, laisse saisir les renes et assuraer le titre et jouir des privileges de pre- sident ? Voyons, une fois, c6dez-nous un peu de franchise ; vous disiez en vous-meme: "je me suis servi de toi et de tant d'autres, commo marchepied: vous avez a votre risque et a vos depens remport6 la victoire ; et moi, j'aurais cueilli tous les fruits et les lauriers de cette secousse : en uu mot, j'aurais 6te le Wa&ldng- ton du Canada ;" et moi, je dirais, ^' vous n'auriez pas vosside un sertl de ses attributs." Puisque je suis sur ce sujct, je vous dirai, que vu votre conduite depms 37, et 6tant maintcntmt couvaiucu de ce que vous avez toujour s eti,]e suis entiorement desillusionne, iiiusi que tunt d'autres, sur votre eomptc, Ccst pcut-etre unc favcur donl nous devons rf)nerder JVien que vos projets aicnt avor- te, persuade conimc Jc le S7iis a present que vous" auricz (jouvcrne avec une verge de fer, lorsqu'ime fois on vous aurait revetu des j)ouvoii's dont vous auriez fait usage on dictateur. Tl y a tant de raison a presumer que tel aurait etc le r^sultat de I'avencuient au pouvoir d'un homme de votre trempe, que je ne songerai guhre encorcl'ctablistement d'une republique ou nous a^lrions d cncourir ill of the 21st St. Denis organisant rnoyens de Te coinnie ant la ))a- inande de )cation de Quand ? que les r Nelson.'* ^vas not in only for a ^ or dele- isures, in- ture con- ieuv».'a si eelatautes." In the correspondence on these nir.ttcrs that took phice in the new.spapcrs in 1818, wc have tlie names of four of thuso who si^aed the su[);)osed Declaration, viz., L. J. Puj)ineau, David Bourdages, WollVc'l Nelson, and F. Kiiuber. It is tt) be observed, however, that Mr. Papineau did not himself take up the pen in his defence, leaving the vindication of his con- duct entirely to lus friends ; and in tliis, perliaps, he acted wisely. tl :, \ 1'" IS M ( < '■': vi '■i 472 t ! \\ m V Cbap. celvcd hy the officor commandliifj^, from a Monsieur XXXIX Joseph Hubert, of St. Henis, written Ironi the oppo- ^l^g^site vilhi«i;e of St. Aiitoine, in which the writer stated, that from what information he had l)een enabled to feather from the iidiabitants of St. Denis, previous to lis departure, the body of the nuu'dered officer, Lieutenant Weir, e-i2nd Ue^inent, wouhl most Hkely be found on the shore of the river Richelieu, behind the house of a Machune Nyotte, where there was a small tannery. I read the letter to several of the villa{2;ers of St. Denis, who at once led me to the sj)ot described in Monsieur Hubert's letter ; and there, in the water of the Uichelieu, at a depth of about two feet, I discovered a black mass covered with large stones, which kept it down ; the stones being removed, a body, which was lying on its face, rose to the sur- face, and I immediately recognized it to be that of my murdered l^rother officer, poor Weir. Assistant Surgeon A. M'Gregor, 32nd Regiment, who was with me, then took charge of the body, and had it conveyed to a house, where a coffin was made for it, in order to remove it to Montreal for interment. Dr. M'Grcgor's statement of the injuries inflicted on the body of Lieut. Weir is annexed.* The story of his * " On the forehead, there was a sabre wound about fuur iuches in length, running perpendicularly, which penetrated deep into the bone, and surrounaing which there were several email wounde, as if done by a sharp pointed instrument. " The back of the head was completely laid open — the scalp and bono reduced to a mass of small particles — the substance of the brain was beat into a mash, and pieces of skull and scalp were mingled with it, and on the sides of this opening were several wounds. " On the left side of the neck, immediately below the bone of the ear, there w«i"e several sabre wounds about an inch in ilepth, which laid open the great blood vessels and the side of the wind])ipe ; the wounds might be about four and a half inches in length. About the middle of the ear there was a sabre wound about an incli in depth and four inches in length, which divided the ear and left the whole of that side of the neck open. " There were two wounds on the left side of the back, a little above the shoulder biade, about an inch in depth ; also, a gun-shot ■'ft »!!•* MoDslour tlie o|)jK>- itcT stated, ?nal)lcd to previous to c(l officer, iiost likely ni, behiiul ere was a Tal of the to the spot [I tliere, in about two with large r removed, to the siir- be that of Assistant who was md had it lade for it, ment. Dr. ted on the ry of his four inches ^leep into the wounds, as |he ecalp nnd tance of the scalp were rere several J bone of the (epth, which wind])ipo ; jth. About an inch in md left the ck, a little a gun-shot XZZIZ 1837. 473 * murder, as related to nie by the few villagers we ch»p. found in St. Denis, is as follows : — " Lieut. Weir was sent by land, from Montreal to Sorel, at daylight on the morning of 22nd November, with despatches tor the officer commanding at tliat post, directing him to have the two companies of the 66th Regiment, under his command, in readiness to meet a tbrce which was to be sent from Montreal by steamboat, at 2 P. M. on the 22nd, uucIlt the com- mand of Co). Gore, to arrest some individuals at St. Charles. The roads were so bad that Lieut. Weir, who travelled in a caloche, did not arrive at Sorel until half an hour after Col. Gore had arrived from Montreal, and marched oft' with his whole force to St. Charles via St. Denis. Finding this to be the case, Lieut. Weir hired a fresh caleche at Sorel, with a driver named La Vallee, (whose deposition has since been received,) and started to join the troops. There are two parallel roads to St. Denis, which converge four miles from St. Ours. By mistake Lieut. Weir took the lower road, (the troops having marched by the upper,) thus he passed beyond the troops on their line of march, without seeing them, and arrived at St. Denis about seven, A. M. His expression of surprise at not seeing any soldiers on his arrival at the village, was, I was told, the first intimation Dr. Nelson had that they were on their march in that direction. Preparations were then made to oppose their entrance into the village of St. Denis (where, in fact, no opposition had been ex- pected) ; the result is known. Lieut. Weir was made wound two inches below these wounds ; the ball penetrated about half an inch below the surface. " The fingers of both hands were hacked and split to pieces, as if done by an axe. Some of the fingers, more particularly those of the left hand, were so hacked, that on taking the body cat of the water, pieces of them dropped ofif ; and in the left groin there was a gun-shot wound — the ball lodged in the belly. ♦• A. M'Geegoe, Asst. Sur. 32nd Regf* :!M !« , ^ W ' * ii-i 'A ) 474 n Chap, a prisoner and closely pinioned. When the attack XXXIX was commenced, he was ordered under a guard, con- 1837^ sisting of Captain Jalbert, two men named Migneault, one named Lecour, and a driver, aladnamedAugustin, in Dr. Nelson's wagon, to be taken to St. Charles. On arriving opposite Madame Nyotte's house, (already mentioned,) in the outskirts of the village, the bonds with which Lieut. Weir was fastened became so painful, and his hands so much swollen therefrom, that he insisted, as much as lay in his power, on their being loosened. This irritated his brutal guardians, and he jumped out of the wagon and sought refuge under it ; he was then shot twice with pistols, which took effect in his back and groin, and stabbed with a sabre through the wheels of the wag- on, in various parts of the body ; he was then dragged from beneath the wagon, by the straps which confined his arms, and finally butchered. " F. J. Griffin, Lieut. 32nd Regt." The remains of this unfortunate young gentleman were interred at Montreal, on the 8th of December, with great pomp and solemnity, the Commander of the forces with his staff, the military of the garrison, and a vast concourse of citizens attending. Never was there a greater demonstration of pr'jlic grief in that city than on this melancholy occasion.* Another still more barbarous deed wno perpetrated on the 28th November, on the person of an unfortu- nate inhabitant of St. John's, by the name of Char- ♦ It is said to have been by Dr. N's orders that Mr. Weir, after being made prisoner, was despatched under an escort for St. Charles, the head quarters of Mr. Brown, " the General connmanding ;" but the Doctor treated him with courtesy and kindness while in his keeping. It is reported of Doctor N , that, after he hinnself was taken prisoner, on being told that some of the newspapers had vindicated him against the imputation of participating in this atrocious murder, he expressed his satisfaction at the circumstance, declaring that when he was informed of the inhuman act, he was as much con- cerned and horrified by it as any friend of Lieutenant Weir could possibly be. the attack guard, con- l Migneault, jdAugustin, St. Charles, ise, (aheady e, the bonds became so I therefrom, 5 power, on his brutal wagon and it twice with 1 groin, and 1 of the wag- lc was then ' the straps chered. id Regt." y gentleman ~ December, nmander of le garrison, ing. Never lie grief in |)n.* 3erpetrated an unfor tu- nc vof Char- /^eir, after being t. Charles, the ding ;" but the in his keeping, self was taken had vindicated ocious murder, declaring that as much con- nt Weir could XXXIJE 1837. 475 trand, a Canadian of French origin, wlio, it seems, ohap. had enrolled himself at this place as a loyal volunteer, a circumstance that gave oifence to his compatriots. He left his residence in the forenoon of this day for I'Acadie, a distance of five or six miles, to collect, it was said, a small debt due him (a stone-mason by trade) by an inhabitant of that parish. On returnin;^ home in the afternoon, he was intercepted by some ten or twelve men, five of them with loaded muskets, and conducted to a small building hard by, used as a schoolhouse, where, after undergoing a mock trial by those who had arrested him, he was declared to be a spy, and sentenced to death as such. He was accordingly forthwith led out, tied to a tree, and mercilessly shot by the miscreants, who left the body attached to the tree by the rope with which they had pinioned him, and in which state it was found three or four days after. One ball had passed through his heart, and the several other marks shewed the deadly aim which his savage murderers had taken to accomplish their horrid purpose. One of those implicated in it came forward, by the advice, it was said, of his confessor, and gave the shocking details of the murder. At the first discharge, the unfoitu- nate Ohartrand received three wounds, but was not killed. Another of the party then stepped up and shot him dead. The alleged ringleader of this ruth- less gang was tried for the murder, but in the con- tradictory nature of the evidence, aided also by the passionsof the jurorr for in the excitement of the times it was impossible to impanel a perfectly dispassionate jury, he escaped on this occasion, though, as will be seen, an avenging Providence pursued him till the forfeiture of his crime was paid. After the affair at St. Charles, it was deemed, by Sir John Colbornc, necessary that a military force should re -visit St. Denis and other parts on the Richelieu, where the patriots had been in the as- I:- ': . ;l : ! ! ■ n I »f ' •t;;i ■If n W ■4 !;:,. . 1 • -v. ; fi? ; .;l:i '1:1m i:! XXXIX ISSl 47G Chap, cendant until Lieutenant Col. WetheralPs visit to the former place, and dispersion by him of the insurgents assembled there, and the flight of Mr. Brown, the General commanding " the patriotic army." Colonel Gore accordingly embarked at Montreal on the 30th November for William Henry, w^ith three companies of the 82nd Regiment, one of the 83rd, a detachment of Artillery, and a troop of the Volunteer Cavalry, in the steamers " John Bull" and " Varennes." The Colonel reached St. Ours the same evening, where he quartered for the night, and marched early the ensuing morning, without opposition, for St. Denis, the theatre of his recent defeat . Doctor Wolfred Nelson finding, after the defeat of his friends at St. Charles, that his adherents had lost confidence in the cause, and were leaving him, and that it was likely he himself would become a captive, unless he imme- mediately made good his retreat to the neighbouring States, had abandoned his home and taken to flight, in the direction of Yamaska and the Eastern Town- ships, with the view of escaping by that route into the State of Vermont. He, however, as we shall see, was intercepted in his retreat, the trusty inhabitants of those loyal Townships being by this time armed, and on the outlook for the fugitives, who, it was thought, would take that direction. Here Colonel Gore recovered a howitzer, which he had, owing as we'] to the pressure +Vom without, as to the bad roads, been obliged on his late visit to leave behind, with five wounded soldiers, who had been most care- fully attended to by Dr. Nelson, and who spoke in the warmest terms of his humanity and kindness to- wards them, certainly a redeeming trait amidst the grave errors m which the Doctor had allowed him- self to be involved, and which considerably contributed to soften the asperities of his kindred fellow-subjects of British origin towards him, who, in consideration of this circumstance, gave him, with characteristic gener- osity, credit, and have e^er since borne it in mind. But I's visit to the he insurgents , Brown, the ly." Colonel I on the 30th ee companies a detachment teer Cavalry, ennes." The ening, where led early the or St. Denis, ctor Wolfred friends at St. fidence in the it was likely less he imme- neighbouring ^ken to flight, astern Town- at route into we shall see, inhabitants of time armed, who, it was ere Colonel ,d, owing as to the bad eave behind, n most care- bo spoke in kindness to- t amidst the Jlowed him- contributed low-subjects sideration of risticgener- nmind. But XXXIX 1857. 477 the troops remembering, and indignant at dieir late chup. defeat, and, with the volunteers, who had accompa- nied them from Montreal, exasperated at the spec- tacle presented by the mangled remains of Lieut. Weir, inhumanly slain by the patriots — a young man of fortune and great promise, respected and beloved not only in his regiment, but by all who had known him* — became insensible of discipline, and would know neither authority or control. The extensive build- ings and distillery of Dr. Nelson, as well as the large stone house from which he and his party had fired upon the troops, and various other houses in the village of St. Denis were by the enraged soldiery and volunteers ruthlessly sacked, consigned to the flames, and reduced to a heap of smouldering ruins, contrary, however, to the wishes of Colonel Gore, as it has since been expressly stated on his behalf (and probably rj his request) in the Legislative As- sembly, (Session of 1849, during the debates on the famous Rebellion Losses Bill,) and which there seems to be no just cause to doubt.* The asseveration, at * The Hon. Henry John Boulton, who at the time (1849) when this measure (the Rebellion Losses Bill) was brought forward by the Latbntaine-Baldwin administration, had a seat in the Assembly as member for Norfolk, and supported the ministry (being seated through the influence of Mr. Baldwin), having in course of the ve- hement debates which arose on that subject, animadverted severely upon Colonel (now Major-General) Gore, for ordering the village of tSt. Denis, upon his second visit to that place, to be destroyed, Sir Allan MacNab, at the next sitting after that in which Mr. Boulton had spoken on the subject, formally and emphatically {me teste) denied that any such order had emanated from Colonel Gore. Indeed the well-known mild and humane disposition of General Gore will scarcely admit of the belief that he could have sanctioned so bi-.r- barous an act, even though smarting under the mortification he no doubt fell at the recollection of his previous defeat, by a handful of " rebels," at the same spot, a few days before. There are occa- sions where the passions of men become uncontrollable by human authority, and, unhappily, this was one of them. Casuists may determine who are morally responsible for the mischief — they who, " got up" the rebellion, which was here brought to a head, or those who put it down, I can only say — " — en I quo discordia cives produxit miBcros * * « " f ■ 1 k- t { I 1 ) 478 ZZXIX 1837. Vi I Chnp. least, has never been publicly refuted, in so far as my knowledge extends. The Colonel, after visiting St. Charles and St. Ilvacinthe, where he found all quiet, returned wuth the troops to Montreal on the 7th December, bringing with them several prisoners and the remains of the unfortunate Weir. Th'^ route of the "patriots" at St. Charles by Lieut. Colonel Wetherall, and the subsequent visit of Colonel Gore to the parishes on the llicheheu and Yamaska rivers, entirely extinguished their hopes in that quarter, (south of the St. Lawrence,) but there were large and formidable gatherings of them at St. Eustache and St. Benoit, north-west of Mon- treal. These were under the direction of Amury Girod, an alien adventurer, and, as alleged by some, a native of Switzerland, by others, of Louisiana, who had resided formerly at Quebec, patronized and en- couraged by several gentlemen of the city and neigh- bourhood, for his supposed practical science in agri- culture, in which he represented himself as an adept. Losing, after trial of his ability in this line, the con- fidence of his patrons, some of whom he managed to involve in considerable expense, he migrated to the district of Montreal, and located himself at Varennes, where, in addition to the pursuit of agriculture, he devoted himself also to the more promising business of political agitation, by which in due time he ac- quired the confidence of Mr. Papineau, w^ho, accord- ing to Doctor Wolfred Nelson, invested him with the command of the patriotic forces north of Montreal, and a more worthless choice, by all accounts, he could not have made. Sir John Colborne was not disposed, however, to interfere with the insurgents in the north until he had completely subdued those to the south of Montreal, knowing that by being free to direct his whole force upon them, he could make a short difair of it. In the meantime, imagining them- selves more than a match for any force that could be , in so far as , after visiting he found all •ntreal on the eral prisoners 3ir. t. Charles by equent visit of Richelieu and d their hopes iwrence,) but wrings of them -west of Mon- [on of Amury eged by some, jouisiana, who )nized and en- city and neigh- cience in agri- slfas an adept, line, the con- he managed to ligrated to the ifatVarennes, griculture, he lising business time he ac- who, accord- him with the of Montreal, accounts, he orne was not Ihe insurgents lubdued those by being free could make a |agining them- that could be XXXIX 1837. 4td realized by the loyal population of Montreal against ch»p. them, they indulged in excesses of all sorts, plunder- ing and maltreating the inhabitants of Britisli origin in their neighbourhood, many of whom, to save their lives, were obliged to fly for refuge to Montreal, leaving their abodes, their cattle and granaries to the marauders under Girod, who, as Brown had done at St. Charles, laid violent hands upon these for the use of " the patriotic forces." After the affairs at St. Denis and St. Charles, several of the fugitive patriots had, in the reverses they met with, betaken themselves to the border settlements in the neighbouring States of New York and Vermont, and in particular to Swanton, (Ver- mont,) a considerable village or county town on Missisquoi Bay, Lake Champlain, where they were daily receiving reinforcements of the disaffected from Canada, and busy in making preparations for an in- road upon the district of Montreal, being considerably encouraged in their nefarious purpose by the Ameri- can population amidst whom they hr.d taken refuge. Doctors Cote and Kimber, Messrs. Gagnon, R, ^- TN^- 2ftudi£ite, and several others, were there, and al- though Messrs. Papineau . Nelson, Brown, O'Calla- ghan, and other leaders had failed and fled, they nevertheless exhorted each other into the idle con- viction, that the achievement of Canadian inde- pendence was still practicable, and reserved for them, the best, the bravest, and most chivalrous of their countrymen. To the generous incentives of patriotism and of glory, the stimulating smiles of beauty were superadded, the ladies of Swanton pa- tronizing the cause by preparing and presenting a beautiful set of colours to Doctor C5te and his asso- ciates. The militia of the Townships in the County of Shefford, it is to be observed, had applied to Sir .Tohn Colborne for a supply of fire-arms, which were J. f.. ?■: , r 1 I 1 1 !P s\ I . r^ .' 5! :x 480 Chap, about this time expected; and it fortunately so hap- "^'^ pened that while they were on their way to the place "^j^ of destination, this band of patriots marched from Swanton on their projected invasion of Canada.* It was their intention, it seems, to have crossed the Richelieu with their artillery (a field piece) and ammunition, and proceed to I'Acadie, where their * '* At a public meeting of the magistrates, miliiia. officers, and yeomanry of the township of Granby and County of Shefford, district of Montreal, held at Granby village, the 23ra of November, 1837, the following resolution* were proposed and adopted unani- mously, by a numerous assembly from all parts of the township, the meeting having been lirst organized by the appointment of Richard Frost, Esquire, as President, and F. C. Gilmor, Esquire, as Secretary. " 1st Resolution. — That this meeting views with regret the disor- ganized state of the seigniorial part of this district, where a cowardly faction, under pretence of reform, are committing excesses of the most wanton and unprovoked nature, endeavoring by threats the most violent, to seduce the most loyal, and hitherto peaceable, in- habitants from their allegiance to Her Majesty. " 2nd Resolution. — That at this critical moment, it becomes th« duty of erery loyal and well-affected subject to stand forth and ex- press his horror and disgust at the lawless proceedings of the faction aforesaid, and to declare his determination to defend the laws which have hitherto effectually protected our lives and property. '' 3rd Resolution. — That an humble petition be presented to His Excellency, Sir John Colborne, Commander of the Forces, for a supply of arms and ammunition for this township, which we mu- tually pledge ourselves shall be employed in the defence of the Constitution and Government under which we have the happiness to live. " 4th Resolution. — That this meeting sympjathizes with our loyal fellow-subjects scattered throughout the seigniorial parts of this.dis- trict, many of whom have been obliged, by the threats and provo- cations of the faction, to throw themselves on our protection and are present at this meeting. " 5th Resolution. — That the following gentlemen, viz., Richard Frost, Elijah F. 0. Gilmor, H. Lyman, and S. B. Door, be a Com- mittee to address His Excellency Sir John Colborne, Commander of the Forces, with a copy of the resolutions, and to cause the result of this meeting to be published in such a manner as they may judge proper. " Thanks having been voted the Chairman and Secretary, the meeting was dissolved. " Richard Frost, Chairman. " P. C. Gilmor, Secretary." '" ■' 'I ately so liap- ^ to the place larched from Canada.* It crossed the piece) and where their lilia. ofRcers, and ity of Shefford, rd of November, , adopted unani- if the township, appointment of jiilmor, Esquire, 1 regret the disor- >rhere a cowardly excesses of the y by threats the to peaceable, in- ;, it becomes th« nd forth and ex- igs of the faction i the laws which aperty. iresented to His Forces, for a which we mu- defence of the /e the happiness (S with our loyal parts of this.di8- eats and provo- rotection and are 1, VIZ., Richard )oor, be a Com- Commander of luse the result of hey may judge i Secretary, the T, Chairman. Secretary." le XXXIX 1837. 481 partizans were numerous, and ready to join them, chap. and there, by making a stand, create a diversion in favor of the insurgents at St. Eustache. Others will have it, however, that they intended to move onward to Chateauguav, and crossing there the St. Lawrence, join Girod at St. Benoit, or Grand Brule ; probably both objects may have been contemplated. Be this as it may, the gallantry of the Missisquoi Volunteers defeated the intended purpose. The following good accoimt of the dispersion of this party, and capture of some of its leaders, is given by Captain Kemp of the Volunteers, in an official despatch to Sir John Colborne : — " Freliqhsburo, St. Armand, " December 7, 1837. " Sir, — ^I have the honor to report for Your Ex- cellency's information, that yesterday morning I left this, by a previous arrangement with Col. Knowlton. of Brome, in company with Captain Henry Baker of St. Armand, having under my command a body of Volunteers to the number of about fifty men, armed with such guns as could be collected, to form an escort to wagons, for conveying the arms and am- munition for Col. Knowlton's battalion from Philips- burgh. I had proceeded only a few miles on my way, when an express from Philipsburgh met me, with the information that a considerable body of re- bels had passed through that village early in the morning to the State of Vermont, and were expected to return to burn it the same night. " I immediately despatched expresses in different directions to raise men, armed or unarmed, and bring them to Philipsburgh, where I had directions from Col. Knowlton to deal out the arms intended for his battalion, if necessary. " In consequence of certain information, I left the wagons four miles east of Philipsburgh, and struck through the woods so as to meet the loaded wagons, V r n - . i: ■ I ; ! '■ i 482 B- v. Chap. ^^ **^6 head of Missisquol Bay, in order lo 'Strengthen XXXIX the escort from Caldwell's Slanor and St. Armand '^■J'^^west. We then proceeded in company to Philips- burgh and reached it at half-past four, P. M. , where I found men tissembled and assembling from different points, ajid that scouts had come in from Swanton m the State of Vermont, with the information, that a large body of men, well equipped, and having with them two pieces of cannon, had taken up their line of march for this Province. " In this emergency orders were issued to supply the men with muskets and ammunition from the wagons, and at sixj o'clock, a position was taken half a mile south of the village, on the west road leading to Swanton. " We had occupied this position nearly two hours in expectation of the enemy, when positive informa- tion came in, that they had taken the east road lead- ing to Swanton, and that they were within three' miles of the village. " I instantly ordered a strong guard to remain on the west road, and marched to a position two miles and a half east of the village, and drew up my men on a height to the left, commanding the highway at the intersection of the Swanton road, leading north and south, with the St. Armand road, leading east and w^est, where I found the pickets and advanced guard had retired unperceived before the enemy, who were tw^o hundred strong. " The force under my command amounted to about three hundred men, but before it was possible for me to reduce them to order, the van of my line had commenced firing without command. " To a Commander of your experience, I need hardly apologize for the impetuosity of an undisci- plined body, hastily taken away from their farming occupations, and placed in sight of an enemy, only a few hours after arms had been placed in their hands. 483 This premature fire was instantly returned by the chap, rebels, and ruin«»; was kept up on both sides tor about xxxix ten or fifteen minutes, when the enemy retreated "ttCT' back towards the State of Vermont, leaving behind them one dead, two wounded, and three prisoners. *' One of the wounded is j lobert Shore ]Milnc§ ouehette, of Qu(!bee, who ledtlil'"TicIT7Tnee(I**giiar(l of the rebels, and is severely hurt. The other is slightly wounded, and reports himself to be a ne})hew Li' Julien Gagnon, of St. Valentin in I'Aeadie, habitant, the leader of the ]-)arty. They left also two pieees of cannon mounted on carriages, five kegs of gunpowder, six boxes of ball cartridge, and seventy muskets, part of them in boxes, and two standards. From the undisciplined state of the loyalists, the dark- ness of the night, it being nine o'clock, the vicinity to the woods, the rest of the party made their escape. The vicinity to the province-line was also in favoiu' of their escape, for the universal feeling throughout this part of the border is, that not a man shall cross the border armed, even in pursuit of invaders from the other side, so that to any demands made by Your Excellency or the Governor in Chief, an answer can- not with truth be made by the General or State Governments of the L nitcd States, that the people of the Province have done any thing contrary to the treaties existinn^ between that country and Great Britain. " 0. J, Kemp, Captain. " To His Excellency Sir J. Colborne." ^- * " Frelighsbuxiq, St. Auma\d, Dec. 7, 1837. " Sir, — I have Die honor to report, tliat on reachirij^ Isle aux Noix, with the arms furnished for the ShefFord Voluiiteors, 1 deemed it advisable, before removing them from ihat station, to proceed forward in order to establish relays of carriages, with sufficient escorts, for transporting them to the County of Sheflbrd ; immedi- ately on procuring which, I gave orders for their removal vid Caldwell's JManor; and carriages set forward yesterday, simultane- oui^ly, from Caldwell's JManor, Philipsburgh in 8t. Armand, on Mis- sisquoi Bay, and Frelighsburg, while I pushed on from Freiighs- bnrg to Brome, to bri)!g wagons thence, so that no dotay might 'I \A If I \ V ( 1 I il'^ 11! y 1 : I tr .;.i - ,!» 484 M' **: I i. ■I ■■ ; I: Chap. This put on end to the patriotic warfare on the XXXIX south side of the St. Lawrence, and Sir John Col- i8y7. tiiki! plarc ; Ijut knowing the aliriost dcbtitution of Mi.ssiscjuoi, us to urrns and iininiiuiitio had ^ivon directions tliat the uiimh I'ur my bultalioii sliould Ix- in ra.sc ot'un attack l>y tlio rfl)fl8. " On returning' i iiili|i,sl)nr^li tiiis morning about Hix o'clock, I found that an engagement iiad taken place yesterday evening at !) o'chxk, about two miles and a half east of tliat village, between the loyalists, Ibrming tin; escort uniU'r Captain Oren J. Kemp, and a large body ol rebela, (under a Mr. Jnlien (iagnon, of fSt. Valentin in I'Acadie.) who had endtodied in Swanton, in the Slate of Ver- mont. The enemy wero driven back by tlie loyalists, with ojie man killed, miniber wounded unknown, and live prisoners, one of whom, K .S. M. Houchell(.', of Quebec, is severely wounded, and one very slightly. The loyalists also captured two pieces of cannon, about forty stand of arms, five kegs of gunpowder, and six boxes of ball cartridge, with two Hugs. The muskets captured are apparently of the kind used in the American army during tlie last war. The rebels were about two hundred, and the loyalists three hundred strong. Of the loyalists not one man was hurt. The enemy re- treated into the state of Vermoid, by the road they came. " I have the honor to be, iiic., " P. H. Knowi.ton, " Colonel of Sheflbrd Volunteers, '' To His Kxcellenoy " Lieut. Gen. Sir John Colborne, &c., &c., &c." It -was Baid that Mr. R. S. M. Boucbette had made, on his march ut the head of this band into the Province, many truculent threats ugainnt the inhabitants, in cabe th-^.y sliould oppose him in his pro- gress. Whether he really did so, I have notucen able to ascertaiu correctly; but in times like these, ■when the minds of men are excited to madness, as it were, there woidd be nothing extraordi- nary in it if it were the fjict. It having, however, been reported that this gentleman had, upon his capture, been ill-treated, in con- sequence of his threats on that occasion, the following is his own Btatemeut, as subsequently published in the papers. R. C. " This is to certify to all t(> whom it may concern, that I, the undersigned, ever since my capture as a prisoner by the volunteers of Missisquoi Bay, on the 6th instant, have been treated with every degree of humanity and care, and have had my wounds regularly dressed, first by the captors at the house of Mr. Hiram Moore, afterwards at Isle aux Noix, and subsequently in the Montreal Gaol, where I am now detained. From Mr. P. H. Moore, Mr. Bertram, Mr. Lewis, and jiarticularly from Mrs. H. Moore herself, I received the greatest kindness, the latter having herself dressed my wound, nor was any thing forcibly or chxndestinely taken from me. Since my detention in prison, an equal measure of humanity and attention has been extended to me, for which I most grate- fully give my acknowledgments. " R. S. M. BOUCHETTK, 485 ire on the John Col- siscjiKii, us to arms lor my ix o'clock, I y ovcnini,' at i^f, bclvM'on . Kemp, and '"^t. Valentin ilatc of Ver- kith onoman IK' of whom, nd one v<'ry irnion, about ).ves (»f ball pparently ol' war. 'I'he iree luindred ' enemy le- le. tVLTOIT, Volunteers. n his marc'L l( lit tliroats in his pro- o UBCertuiii 'f men are oxtraordi u reported ted, iu con- is his own C. that I, the volunteers with every regularly ini Moore, Montreal 'loorc, Mr. re herself, If dressed aken from humanity ost grate- CHETTK, borne acconlin«»;ly issued the Creneral Orilcr helow;^ chap, but ho had, however, still a serious aeeount to settle xxxijc with the insurgents in his rear, north of Montreal. "TrtT' We are now to reeede a little in tlate, to notiee the " Written and signed in my presence, thia 2'2nd day of Deoem- ber, 1837. " R. Dk St. Ouus, " Sheriff of the Dintrict of M..ntroal.' • " Head QiAnTERs, "Montreal, Ihcnnber VI, 18S7. " The active servioe in wnieh the troops have been suddenly engaged, since the outl)reak of an organized imd extensive revolt in this Province, has hitherto nrevoiitiMl the Lieutenant General commanding from expressing lii.s satisfaction at the conduct and zealous exertions of the troops in the Montreal district under liia command, but His Excellency is persuaded that at no period ha3 the energy and activity of the British army been more conspicuous than in the severity of marches -which have been lately accom- plished, although the unfavorable state of the weather, and the almost impracticable state of the roads, prevented tlie force under the command of the Hou. Ool. Gore from entering the village of St. Denis, on the first i '>pearance of the revolt. The success which has since attended the vxertions of that officer and the force under his eomnumd, and the capture of arms and animunitiou, has Iiad the etfect of restoring order and tranquillity to that section of the coimtry. " The zeal and energy evinced by Lieutenant Colonel Hughes, 21th Regiment, under whose immediate conunand the force pro- ceeded to St. Denis, has been brought under the notice of the Lieu- tenant General commanding, as well as the gallantry ilisplayed by Ca])taiu Markham, 32nd Regiment, who was severely wounded in the attack. The attack i'j)on the enemies' fortified position at St. Charles, so ably conducted by Colonel Wetherall, atul so gallantly executed by liimself and the force under his command, con.sistiug of the Royal Regiment, a detadmient of the Royal Artillery and 66th Regiment, and the Monti-eal Cavaliy, led to the complete defeat of the enemy, and has essentially contributed to put down revolts on the Richelieu. Lieut. Colonel Wetherall speaks most favourably of the conduct of Major Ward, of the Royal Regiment, Captain Glasgow, Royal Artillery, and Captain David, Montreal Cavalry, on this occasion. " The service upon which the troops have lately been engaged, has been greatly facilitated by the spirited and unparalleled exer- tions of the Volunteer Corps of Montreal, some of which had only been embodied within the last fortnight, and Ilis Excellency trusts that the same energy, forbearance and discipline which has charac- terized the troops iu genial, will speedily put an end to the de- plorable warfare in which they are engaged." '• :, ill it i ?■' 4H(J .'!»■ '% % n % 1 III 1 4' 1 ''^ 1 r 'h i ft i'l V. y i i. tm Clmp. proceed inp;s of'tlie (fovernment amidst the dilliculties xxxix ill which it had, in (listrc'sa llCVoloiH'C 1^ in the ' and in- t(M\s ever hhI (hem. ^'ore used eseue of 'illa<«;c of idcring it I serious rvcd, to an Irish V that a ^he laws 're set at jllovving r in the triet of of our L'quivo- K)ii the tl sub- And i Trea- c, and charge have armed at tne istriet, V evil- upon iid by phiusible misrepresentation and wiltiil eahimnv, l)y praetising upon their fears and inihuning their j)assion8, by appeahng to national distinetions, and cxcilin«5 political prejudices, which it luus been the unabated endeavour of the British Government to extinguish, have at length succeeded in implicating a part of a hitherto peaceable and loyal population in the first excesses of a reckless and hopeless revolt. As the Representative ofonr Most Gracious Sove- reign, I now most solenmly address myself to the in- liabitants of this Province, but more especially to the misfyuidcd and inconsiderate population on the River Richelieu in the district ot Montreal. I address myself to your good sense and to your personal ex- perience of the benefits you have received and of the tranquillity you have so long enjoyed under the British Government. You possess the religion, the hmguage, the laws and the institutions guaranteed to you nearly seventy years since. Yon know not the burthen of taxes. The expense of your military defence is defrayed by Great Britain. The jiros- perity and happiness which have hitherto pervaded this Province, j)roclaim honorably and undeniably the political wisdom which watches over your safety, encourages your commerce, and fosters your rising industry. The spontaneous confidence of the British Parliament bestowed on you a Constitution. Your representatives complained of grievances : their com- plaints were promptly and fully investigated ; griev- ances which were proved to exist were removed at once ; redress the most ample, but unavoidably gradual, was unreservedly promised, and up to this moment that promise has been scrupulously observed. But the demands of your leaders are insatiable, the language of reform has speciously concealed the de- signs of revolution. I have thus far deemed it my duty to explain the injustice and inadmissibility of the objects for which your leaders contend, and for Ulini). XXXIX 1837. 1,1 iP ii f ■ I i 'i\h i \ fi m 1831 if J ■*j -■: 488 Chap. t^G attainment of which they would wantonly sacri- xxxir fice you and your families. The traitorous designs of these political agitators have been at length un- masked. I now therefore call upon those who have been thus far deluded, to listen to the language of reason, sincerity and truth. Listen to the exhorta- tions of your respectable and trustworthy Clergy. Listen to the representations of those w^orthy and loyal proprietors, whose interests are identified with your own, and whose prosperity, in common with yours, must ever be graduated and governed by the internal tranquillity of this Province. Return to that allegiance to your Sovereign which you have now for the first time violated, and to that obedience to the law which you have hitherto invariably maintained. Spurn from you your insidious advisers. Reject with abhorrence their self-interested and treasonable counsels. Leave them to that retribution which inevitably awaits them. Retire to your homes and to the bosoms of your families : rest assured that a powerful and merciful Government is more desirous to forget than to resent injuries, and that within that sanctuary you will experience no molestation. And further, by and with the advice and consent of Ilcr Majesty's Executive Council of and for the Province of Lower Canada, I, the said Archibald, Earl of Gos- ford, do hereby call upon all Her Majesty's loyal subjects in this Province, to be prepared at all times to maintain against all aggressors the authority of our Sovereign Lady the Queen, and to counteract the rebellious designs of the disaffected in this Province. The dearest rights and privileges of British subjects, their laws and institutions, have been audaciously assailed. They will remember that those sentiments of loyalty and honor which were the pride of their forefathers, are the inheritance of their children ; and in defending their allegiance to their Gracious Queen, and the connexion which has so long existed between wS-' ': ^hH^ m ^ mt K ' m 489 nly sacri- is designs mgth iin- who have iguagc of exhorta- J Clergy. )rthy and ified with mon with jd by the rn to that e now for ce to the lintained. Reject easonablc >n which )mes and d that a desirous ithin that n. And t of ITcr Province •lofGos- s loyal all times ty of our ract the rovince. subjects, aciously itiments of their en ; and Queen, between this favored colony and Great Britain, they will rush chap, forward as one man to prove their gratitude for the xxxix blcssinfj-s thcv eniov, aiid tlieir unswervinjr deter mmation to manitaui the in uniiupanx' 1837. Immediately after the appearance of this Procla- mation, Messrs. Leslie and Latbnlaine arriving by steamer from Montreal, waited upon Jlis Excellency to suggest, as it was said, the propriety of an inune- diate convocation of the Legislature. lie did not think proper, however, to act upon their suggestion, apprehending, perhaps, from his ]iast experience of the spirit of the Assembly, that they would rather be incUncd still further to embarrass than to help him through his difficulties, the leading members of the body being actually at the head of the rebellion. Mr. Leslie returned to Montreal, but Mr. Lafoutaine pro- ceeded from Que])cc, by the Kennebec road, to the United States, and there embarkinjjr, he safelv reached England, and spent a part of the winter in London, and the remainder in Paris, visiting also, it was said, other parts of the continent before his return to Canada, thus avoiding the troubles by which it was agitated, and to which he had contributed his full share. On the 5th December, Ills Excellency issued a Proclamation declaring Martial Law in force in the district of Montreal, having previously, by Proclama- tions, offered large rewards for the apprehension of Mr. Papineau and divers others, charged with the crime of IIi;lit.* * " The ci\y which has been raised — "vrhy are uot, rewards offered for the apprehension of the Traitoi's ? is now we hope satisfied. It will be seen by tlie following Proclamations that a ])rioe has beea fiet upon the head of every one of thorn, and that, siioh as to iusui-o their being delivered up to justice if they are still within the pre- oiuc'ts of the I'roviuce. The Proclamations were first printed in Montreal, and we understand were distrilnited along the frontier before they were published in that city, the more certainly to effect their purpose. They will be found below ; that for the appreheu- u2 M i:[ I if i ; H Hi- ll j! 490 ,:iii m^: HI CLap. A reward of £500 was offered for tlio apprehension XXXIX of the murderer or murderers of ]jieutenanl George ""T?^' Weir, and £300 for those, or any one of them, who had murdered Joseph Chartrand, late of the parish of St. Johns, distriet of Montreal, and described as " private in a company of volunteers in tiiat parish." Several of those for whom rewards were offered, were on different occasions captured and brought into Montreal ; but he who of all concerned in those im- happy disturbances had been most prominent, yet in his capture found the most sympathy among the British population, with whose avowed enemies he had arrayed himself against his kindred fellow-sub- sion of Papineau in full, the others in substance." — Quebec Mcrmry, nth December, 1837. " 4,000 Dollars Reward 1 " GOSFORD. " Province of Lower Canada. •'His Excellency the Right Honorable Archibald, Earl of GosFOFD, Baron Worliugham of Beccles, in tlie County of SufloUc, Captain General and Governor in Chief in and over the Provinces of Upper and Lower Canada, Vice Admiral of the same, and one of He. Majesty's Most Honorable Privy Council, (fee, state, that, istrust enter- towards the 1 so generally cry mark of ?,eomlbrtand tbrmly shewn he hospitality the soldiery tants,) on the virtue which Ihis kind and Ird Regiment, inte Levi to cond division iber, those of 85th, follow- le navigation [nd Montreal Bts, remained liusually late lent was cna- hlies to Mon- lot, perhaps, pm Quebec. St. Charles, 497 and the likelihood of its speedy total snpprcssal, n(Av began to produce some '' loyal manifestations," as they were termed, from the French Canadian popn- lation. Quebec, where the glow of exuhation at Colonel Gore's defeat and retreat from St. Denis had been manifest on every patriotic visage for a short season, was, nevertheless, the first, it seems, to set the examj)le. An address from the inhabitants of the suburbs St. Roch, signed by 700 individuals, was presented, on the 4th December, to Lord Gos- ford, in the terms following : — " To His Excellency, &c., &c. " We, the undersigned. Her Majesty's faithful and loyal subjects, inhabitants of the city and comity of Quebec, believe that it is our duty, in the critical cir- cumstances in which this Province is placed, most respectfully to approach Your Excellency, to assure you of our inviolable attachment to Her Majesty's Government, and our determination to maintain un- impaired the rights and privileges, institutions and laws which we enjoy under the protection of the British Crown ; and at the same time to dei)lorG the conduct of a portion of our countrymen who have suffered themselves to be led to the conmiission of acts subversive of the law and the public peace ; and we also express the hope and wish that the paternal exhortations contained in Your Excellency's Procla- mation of the 29th November last, may produce the effect of bringing back those who have gone astray, as well by a sense of duty as gratitude for the gener- ous oblivion which Your Excellency has promised them. This disposition to indulgence ti our coun- trymen, for which we express our grateful acknow- ledgments to Your Excellency, affords us an assurance that the higli functions with which Your Excellency is invested, will not fail to be exercised towards all. Chap. XXXIX 1837. ,i V. 41)8 V \ f M- 'y m t •I ■ 'i I •111 XXXIX 1837. Chap. SO as to temper the riarently loyal Province, and when anarchy and confusion have set the laws at defiance, and outraged the har- mony and quiet of social life, the question naturally arises, to what circumstances of oppression, or to what unredressed grievances such a calamitous state of things is to be ascribed. " The Constitutional Association of this city, has undertaken the iiuportant duty of answering the en- quiry, and of explaining to the inhabitants of our Sister Colonies, as succinctly as the nature of the subject will admit, the real cause of the dihcontcnt which has called into being the active disturbances at present, most unhappily, and at the same time most unjustifiably, existing in Lower Canada. " At the conquest of the Province of Quebec by the British arms, the greater ])rop()rtion of its in- habitants chose to remain in the Province, trusting to the generosity of their conquerors, rather than to return to the countrv of their ancestors ; thev became British subjects by the mere fact of their provincial residence, and subsequent civil and political bene- factions conferred upon them, demonstrated their ]■ •! .i ;oo iLl \h '• "/ '< ,:l! Chap. "wcll-[)lacc(l trust in the generosity of the JJritish XXXIX (ioveriniicnt. ^^T^ "The full (^xereise of their reli;j;i()us worship, *he eoiiiplete eujovment of their {incient eivil laws, and the niidisturlx'd use of their native lan|j;ua^e, were atnou}:; the ntuuher of eivil and soeial privile}i;es «j;nar- anteed to tiieni ; and politieal ])rivile^es, of e([nal extent to those enjoyed })y the British yirovineial in- liabitants, were, in addition, subsecjuently bestowed upon them. " The uncongeniality of the French laws, as a sys- tem of })rovineial civil jurisprudence, with the spirit and feelings of British settlers, .and their expressed desire for a change from the petty tyranny of a (Jovernor and Council, to the freedom of a lieprc- sentative Provincial Government procured still greater advantage for the French Canadians. In the year 1791, the division of the Province oX Quebec into the two separate I*rovinccs of Lower Canada and Upper Canada, was carried into effect, and a Constitution, essentially similar to that of the Parent State, was conferred upon each, whilst, at the same time, uni- versal suffrage was, in effect, granted to their in- Iiabita'its. *' It was conceived that this measure, by whicli one division should consist, as much as possible, of those who were well inclined to the Englisli laws, and the other, of those who were attached to the I'rcnch laws, was best adapted to put an end to all disputes of a legal sort — to reconcile the jarring in- terests and opposite views of the provincial inhabit- ants — to prevent a great degree of animosity and confusion, from their rooted o})position of interests — and to obviate dissatisfaction from a great ascend- ancy of one party over another in a united Legisla- ture. " Two objections to the measure were, however, neglected by the Minister of the day, that it fostered 501 i\\v Britisli worship, *lio vil laws, and i}iua^t', Nvcrc vilc^is jruar- provincial in- illy bestowed aws, as a sys- ^ith the spirit eir expressed tyranny of a 1 of a llcpre- •ed still greater In the year ucbec into the 4a and U])per Constitution, nt i^tate, was ne time, nni- to their in- ire, by whieh IS possible, of lEnglisli laws, tached to the Ian end to all Ihe jarring in- Ineial inhabit- mimosity and of interests great ascend- liited Legisla- jrc, however, Ihat it fostered a population of foreiprncrs in a British colony, and c^Ap, that it contained no provision, wh('rel)y the inhabit- xxxix unts of the J^rilish Islands should be totailly excluded ^"^ from settling theniselves in Lower Canada. " The experience of fii'ty years of separation be- tween the Provinces, and the present insurrectionary and seditious s[)irit exhibited in Lower Canada, nlaiidv show how far the advanta-'eous results anti- eipated liom that impolitic and undesired measure have l)een realized. " The possession of the right of almost universal suffrage, and of a ruunerical popular majority of the provincial constituency, gave the complete conunand of the Uepresentativc branch of the Legislature t(» the Frencli Canadians, who soon exhibited a perfect knowledyie of their advantage, and of that exclusive spirit which has since invariably actuated all their proceedings, and grown 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 orighi, ard of the provincial con- nexion subsisting with the Parent State. " A cursory examination of the composition of the House of Assembly, from its establishment, will shew that, with scarcely jui exce})tion, no individual of British or Irish orifrhi has been returned to serve as a member of that body by a French Canadian majority, unless as a pledged supporter of Frer)':h Canadian principles; with scarcely an exception, no provincial law has been passed, how much soever reqmred for the support 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 temporary nature, and subject to the capricious pleasure of French Canadian majorities. The spirit of the legislation of that body, will shew that its temporary character was adopted to render the Pro- vince the more completely subject to their control, }\ n I 'I iBfci PN^r ■ R i ' '! !■' ! ■},,• ■«- .Mir W1A\ [■■■■' 502 Chap, or to enable them the more easily to take advantage XXXIX of their expected predominance, for the abrogation "TTC^ of those very temporary laws which they had been constrained to pass. The political principles of that body will shew a fixed opposition to British interests, not only in their aversion to or rejection of every measure, which would tend to the introduction of capital and of a British population into the Province, as, for example, an effectual system for the registra- tion of mortgages, and an abrogation of the feudal tenure ; but also in their positive introduction and adoption of every measure likely to tend to the pri- vation of British and Irish rights, or to the destruc- tion of British and Irish interests, such as the exist- ing county division of the Province, by which the British and Irish constituency in the seigniories has been completely swamped in the greater numbers of the French Canadians, and their defeated attempt to deprive their fellow-subjects of British and Irish ori- gin in the cities, tenants of leasehold property in copartnership, from a right of voting for Members of the Assembly. The claim of that body, for the sole management and disposal of the whole revenue of the Province, has constantly had in view the attrac- tion into their own hands of the entire provincial authority, and the subjection of the Executive Gov- ernment to their arbitrary will. From their first in- sidious attempt in 1795, to obtain the repeal of the permanent appropriation contained in the Act of 1774, for the support of the civil government and the administration of justice, thereby to subject the Executive Government to their good pleasure, for any further support than the pittance they then agreed to allow, through the whole course of the financial difficulties, which they have never allowed to slumber, by means of their annual supply bills, their difficulties as to the items of that supply, their resolution in 1822 not to grant permanent sup- 603 kc advantage le abrogation ey had been Lciples of that itish interests, tion of every troduction of the Province, : the registra- of the feudal •oduction and id to the pri- ) the destruc- i as the exist- by which the eigniories has tcr numbers of ited attempt to and Irish ori- property in ir Members of ^ , for the sole lie revenue of w the attrac- irc provincial ecutive Gov- their first in- repeal of the In the Act of ernment and o subject the pleasure, for Ice they then ourse of the ever allowed supply bills, supply, their manent sup- XXXIX 1837. plies, or supplies during the Sovereign's Hfe, their chap, delegations to England in 1828, and the whole cate- gory of their agitation upon the subject, down to the year 1831, when the full accomplishment of their long-sought desires was obtained from the good faith of the British Government, by the repeal of the per- manent appropriations ; their first, last, great object was to obtain possession of the provincial revenues, well knowing that by this means the Government would be cast into their hands. Finally, the detail of the grievances of that body, as representing the opinions of their constituency, the so called great mass of the population, completes the evidence of their exclusive interests : in them will be found, the abrogation of the Charter granted to the British American Land Company, by means of which the Assembly sought to assume the management of the waste lands in the townships, and thereby to prevent the settlement therein of a British and Irish popula- )n ; the repeal of the Tenures xVct, by which a commutation of seigniorial tenure may be effected, firom their apprehension of its leading to the intro- duction into the Province of British capital ; their indisposition to encourage the settlement of the townships of this Province, because they are prin- cipally inhabited by a British, Irish and American population; their unwillingness to co-operate with Upper Canada, in the extensive improvements in progress in that Province, by which its settlement and prosperity might be augmented, and like advan- tages might thereby accrue to the British and Irish inhabitants of Lower Canada ; and their pertinacious endeavours to render the Legislative Council elective, because in it alone were to be found the means of opposing their exclusive pretensions, and of pro- tecting British interests. The history of the House of Assembly in its composition, its legislation, its spirit, and poUtical principle, fully establishes the aim I « IS! Hf iitf n t u •"^ifcW^ta**^ ';. ■! Wm-'i Bi-.- i'i :•: XXXI X 1837. 604 Chap, which its members have constantly kept in view, the aggrandizement of tli6 popuhition of French and the oppression of that of British origin." " The recorded testimony of a French Canadian leader, and one of the delegates to England, in 1828, to represent the grievances of his fellow-countrymen, and since that time, their paid agent for similar pur- poses, corroborates the views taken by the Constitu- tional Association ; he declared, in his examination before the Canada Committee of the House of Com- mons, in 1828, that * the estabhshment of the English law as applicable to property held in the townships on the tenure of free and common soccage, would be an infringement of the rights belonging to the French Canadians, if not done by 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, according to the notions and ideas of the French Canadians, should have been followed ; that the de- sire of the French Canadians must necessarily be to keep up their own institutions, and to preserve their laws in every part of the country ; that the Legisla- tive Council should be composed of men who would side with the mass of the people, and, in effecting this latter arrangement, that its natural effect would be to secure the means of extending the French 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 enjoyment of their religious worship, their ancient civil laws, their native and beloved language, and of an equality of rights and privileges in the provincial representa- tive government with their fellow-subjects of British and Irish origin, in possession, moreover, of a nu- merical popular majority, the French Canadians ptin view, the ^'rench and the 2nch Canadian 2;land, in 1828, w-countrymen, for similar pur- Y the Constitu- is examination [louse of Com- t of the EngUsh the townships jcage, would be g to the French ature of Lower i be allowed to facilities should lians to settle in ng there should m of education, of the French I ; that the de- cessarily be to J preserve their lat the Legisla- icn who would in effecting this effect would be e French laws lower Canada.' of their persons ted enjoyment ient civil laws, of an equality ial representa- jects of British over, of a nu- ich Canadians XXSIZ T837. 605 could have no sympathies in common with people of cha another race and speaking another langua.re, no in- ducement to divest themselves of 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 firmly attached, for the questionable advantages to be ob- tained from assimilation with strangers, whom they were taught to disregard; and the natural conse- quence has been, that, in proportion as the French Canadian population has increased, those evils have likewise increased, until the repugnance to British interests and British connexion has finally assumed the form of open and declared rebellion. ^' The French Canadian population were thus not only nationally incUned to mark their active opposi- tion to their fellow-subjects of British and Irish ori- gin, but they have been taught to consider them as strangers and trespassers upon their soil ; they have been taught to feel towards them none of those kindly sympathies which unite together subjects of the same country and possessors of the same rights ; they have in fine been taught to believe themselves oppressed by their fellow-subjects of British and Irish origin, and to imagine that they possessed the power of ex- pelling their oppressors. Overlooking moral feeble- ness in physical capability, desperate men made an open livelihood by influencing the population of French origin to acts of violence; missionaries of in- surrection, by their own example, ostentatiously shewed to them the manner of setting the laws at defiance ; and individuals loaded with every species of personal contempt, aggravated a local pressure into popular tumult, or embittered an unimportant grievance into bloodshed. In all cases, the object was attained, active disconten was introduced into the passive population, and noon-day meetings gra- dually ripened into sedition and rebellion. w ij : li .< ■i ■ *{■ ■ f^ •^i r I If n nw; m Bt H«j p-'li ^R wiffi" 1 iilj a 1 yS i , ■ [|. Ih w aff '" 1^' m i if^; ^u 1 Wt^ •ffe n i^ K^l ^a^R ^^^mmmM^M 1 ~; 183 506 Chap. " It is this exclusive French Canadian spirit alone XXXIX which has given rise to all the discontent existing in "T* this Province, it is this which has in fi>ct made the question one of national origin and not of political party, in it is to be discovered the source of all the disturbances which have brought sedition and rebel- lion in their train, and in it alone is to be found a full and complete answer to the enquiry, to what causes the present unhappy condition of this Province is to be ascribed. ** This conclusion is borne out by the text-book of the complaints of the French Canadian Representa- tives, adopted in 1834, the famous ninety-two Reso- lutions of the House of Assembly, in which will be found a detail of grievances and abuses which that body knew to be either altogether redressed, or in active course of being so ; reference is therein prin- cipally had to those which have been alluded to, the introduction of the elective principle into the com- position of the Legislative Council, the abrogation of the Tenure Act, and the disposal of the whole re- venue of the Province ; the tw^o former have been most wisely refused, the latter as unwisely granted. By their own admission, therefore, no real oppression exists in the Province, and no real grievance, con- sistent with the preservation of British supremacy, remains unredressed. " The 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 fellow- countrymen, by constantly appealing to their assist- ance 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 hieing contrary to fact, and to the habits, feelings o07 spirit alone existing in ; made the of political 2 of all the and rebel- DC found a y, to what is Province 3Xt-book of Leprescnta- -two Reso- ich will be which that 3sed, or in erein prin- ded to, the p the com- rogation of whole re- have been ^ granted. oppression ince, con- apremacy, deavoured he United in Upper ;ir fellow- eir assist- ions and publican, [oured by cient to lenial, as I, feelings and customs of tliat })opnlatioii, and as being alto- gether disproved by the evident principle of all the Tiieasurcs which luive been proposed or a])proved by the Frencli Canadian population, or its Jleprcsenta- tivcs in Provincial Parliament assembled. These plainly shew that their views did not extend beyond the means of seciu'ing their own exclusive designs and intentions. " Although hitherto the voice of supplication in favour of British and Irish provincial grievances has been unheeded, amids*; the cbunours of an insurrec- tionary faction, these loyal subjects still confidently trust in the magnanimity of tlie Mother Country, and still anticipate from her justice an entire redress of their unmerited and patiently endured grievances. '^ It is in the midst of disorder and disturbance, that the Constitutional Association of this city pre- sumes to claim the sympathies of the inhabitants of the Sister Colonies, and their assistance, if required, for the protection of the rights and privileges of British subjects, and the maintenance of the con- nexion of the Province with the Mother Country. " Peter M'Uill, Chairman. " Yv'xM. Badgley, Secretary. *' Montreal, Dec. 13, 1837." 1837. P. S — The events cit St. Dcmis and St. Charles, as given in the furegoing chaptoi', are taken from oilicial and other sources — such as I deem can be relied upon — and which, bearing the impress of truth, have not been publicly contradicted by the patriots them- selves. But, never havui^* seo-n their version of those occurrences, 1 took the liberty, v/hile attending my parliamentary duties at Toronto, in July, 18.'31, which a long aiul intimate acquaintance with Dr. Wolfred Nelson, then M. P. ibr Hichelieu, 1 thought might justify me in hazarding, to request of him a sketch of the affair at St. Denis, in which he had taken so prominent a part, in order that I might give it a pkice as matter of history in the present work. To this, Doctor Nelson made no objection, and at once, with characteristic frankness, acceded, assuring me that, upon his return home, he would take a leisure moment to throw together hia reminiscences of this painful matter, and transmit them to me k •: I ^!.t ill 1887 608 with it'civc 1o make such use of the.: as I ruiglit. tiiink fit. In December following, I received from him a letter enclosing the following statement by one of his lamily, from notes furnished by limself, and apologiv.iDg for the hasty and imperfect manner in which It was compj prolbniid impression on tlie J'hiirlish (toverninenl. tlial it niinht at last adopt .some ellicicnt and eonstitnlional prixreedin:; I'or tiie remo- val ot" tho abuses tluit were inceiisini!; every lieart, and the toh-ra- tion of which, mucli k)nL>er. wonid entirely estranjre the alt'ections of one of the most loyal and numerous seol.ons ol'lho colonists. " Vain and nu;,'atory liopes ! tho bureaucracy deemed the time at last arrived for them to persecute, ]iunisli and pluntler those whom they had j^oaded to desperation ; and that they now had a fine op- portunity of ventinj? their rancour and hatred, while justifying tlieir conduct on the score of loyalty and devotion to Eui^land ! They knew well that tlie country had made no ])reparations, not even for self-defence, and far less for attack and agii:rossion. But they would compel the people to take up arms and assume a defensive attitude for their lives and ))roperties, and then style this movement a rebel- lion against the Crown of England ! For many weeks the most injuri- ous and violent language fdled the Government press, and threats of dire vengeance were utiered at every street-corner. Persons were named who were to be the first immolated, and the iirst victim to Torj wrs'th was publicly announced to he the Hon. L. J. Papineau, who, for a long series of years, had, by all parties, bet-., looked upon as tho greatest political Icadier in Canada He was urgently requested, by a large number of friends, to leave the city, as his life was in hourly jeopardy ; and in this request, to the honor of a few of tho less implacable Tories, lot it be said, they joined in the intimation with an earnestness that was worthy of all com- mendation. No doubt of the pro})iiety of the step could be enter- tained, for, a short time previously, a inagistratn, distinguished alike for his violence, and unrelenting hatred of his brother Canadians — for he was one by birth, or at least from infancy — and of all of liberal principles, headed a mob of hot jiolitical partizans, broke into the Vindicator newspaper office, destroyed the press and materials, sacked the house, &c., and accomplished all this a1 noon-day, with a recklessness and vociferation that caused the most intense alarm to every peacea])!e and well-disposed citizen. It is almost incrcdi- hle that tlie scene of this violence was in the immediate vicinity and in the presence of tlie niiliiary main guard-house; and that this shocking outrage, instead of meeting with due reprehension, or even a semblance of invesligation, was, on tho contrary, styled an act of laudable heroism and distinguished loyalty!! Mr. Papineaa very properly left the city tl'O ensiiina; niglit, accompanied by a fev>' friends, and took refuge on River Chanibl}'. " A few days subse(iucn11y, a detuclnii 'nt of twenty Volunteer Cavalry was sent to St. Johns, fir I Ik; ])urpose of capturuig — for it could not bo termed an arrest — 1\\ ■) distinguished citizens of that place, who had been guilty of the hcinov.s crime of attending the meeting of the Six Counties, and had moved, or seconded, some of the resolutions! In the dead of tho night their doors were forced open with such disturbance and violence as to have attracted the ►11 Dilious olitjan^liy ccd iMo absmne f was to iiiiikc; a lliat it iiii),nit at wj; for tlu' ri-riio- , and the tolcra- ijo tlu.' adt'ctioiis le colonists. inetl the tiirio at (lor tlioso whotn V had a line op- 3 justitying tiieir lui^huid ! They )ns, not even for Eut they would (fensive attitude )ven:ient a rebel- i the most injuri- ;s, and threats of Persons were 3 first victim to L. J. Papineau, es, bet-., looked le was urgently the city, as his the honor of a they joined in hy of all com- could be enter- )guishod alike Canadians — of all of liberal roko into the nd materials, looii-day, with ntense alarm most incrccii- te vicinity and and that tjiis nsion, or oven yh'd an act of 'apincaa very d by a fev/ nty Volunteer aptnrinir — for itizoiis of that attending tlio tided, some of were forced attracted the notice ol Ihf neighbours, a few of whom mounted iheii horses, and spread the alarm Ihrougliout the country as far as Longueuil. The prisoners were manacled, and, to enhance the hiuniiiation of their condition, cords were tied about their necks. All this vandalism, let it be remi'mbered, was j)orpetrated without any warrant or mandate from the recoguizcd autliorities. The vicJms were then driven to Chambly, and thence towards Tlontreal by the Longueuil road, through a very populous country, aa if for the very purjMJseaf exultation and provocation. When the cavalcade had nearly reached the borders of the St. Lavvrence, it was summoned to halt, by a small party of Canadians, who [)romised to convey the prisoners to gaol, but would not submit that their respectable fellow-countr)r- men should be taken to Montreal in the condition of felons. This demand was res})onde(l\o by a volley from the pistols of the cohort, which was as promptly returned by a fire from a few fowling- pieces, which brought one of the leading horses of the wagon to the ground, thus effectually preventing the further progress of thfj vehicle, while, at the same time, the Captain of the party was woundi^d in the cheek. Tiiis ' retort courteous ' at once jmt tue troopers to their utmost speed, who thus left the liberated pri- soners in the hands of their gallant rescuers. They were found seated on the bare boards of tlie wagon, confined in a most painful posture, and suffering from intense cold, and from the tightness of the cords and irons with which they we:e bound, even round their necks ! " This chivalrous achievemeiitofaff. >v young Canadians was her- alded as the opening of the " rebellion '■ and it was stated that the whole country had risen in arms ! A day o: two subseq:ienlly, two bodies of troops were ordered to scour the banks of the lliche- Tcu River: one to ascend from Sorel ; the other to descend from Chambly ; and both Avere to meet at the village of St. Charles, where Mr. Pap;neau's followers had located themselves in the house of the Hen. Mr. Debartzch. There, it was thought, they would be enabl'id to capture all the men of note in that district, as well as those gentlemen from Montreal who had sought safety in the environs. Information of the contemplated movement was con- veyed to Dr. Wolfred Nelson, at St. Denis, and at about one o'clock, in the morning, on officer of the army, in disguise, was arrested in the latter village, as he w^as proceeding to apjirize the detachment frofh Chambly, of the approach of that from below.* The alarm Chap. XXXIX 1837. *NoTi; BY Dr Nelson. — " It lias been stated that thin officer was ' barbarously murderi d by the rebels ; ' and for some time, this cruel accusation was credited by those ■^vho Avere i^rr.oran* of the facts that led to his untimely and most disastrous end. The circumstances at- tendant on this lamentable occui lence arc as follow? : — A gentleman in colored clothes was brought to Dr. Nelson's house at about 1 ,\ . M., on the day of the battle. After some reluctance he acknowledged that his name was Weir, and that he was a Lieutenant in the 32nd Kegiment. Appearing fatigued and cold, Dr. N. ordered his ser- vants to place before him some refreshments, w'hich he declined. i1 t- ' H IrM ill . 1 < i4i; mi 'i -V; 512 ChaD ^^^ spread, and at about 6 A. M., some ninety or u Lundred inhabi *'* tauts of the neighborhood rushed to the Doctor's succour. He went ^1 ' ZZXIX 1837. ent to reconnoitre the position of the assnilniits, and the moniiii|if was so hazy and dark, that he galloped almost into the midst of tlic ad- vancing troops, and liad barely time to make good his retreat. To retard the progress of the menacing host, Doctor Nelson contrived to break down several bridges, thus giving himself time for rallying the people, and for making preparations to receive his opponents iu hostile array. The Doctor told his friends that he dia cot wish to compel any one to stand by him, but that, in the event of a col- lision occurrmg, he expected that those who remained with him, ■would defend themselves courageously: that he had no cause to regret or fear any deed which he had performed, as a public man, and was disposed to meet any accusations that might be openly and legitimately brought against him; but remiT^dcJ them also, that he would never submit to be treated as Mr. Dcmaray, and Dr. Davignon, of St. Johns, had been, a few days before, and that, if summoned to surrender, in compliance with the usages of the laws, be would at once acquiesce and surrender liimsclf. But, instead of a visit from the Sheriff, — the Doctor's personal and intimate friend — or of one of his Deputies, the summons vouchsafed him was a cannon-ball, which killed two of his friends near him. It was then, and not till then, that the Doctor told his companions that * their lives were sought after, and that they must sell them as dearly as they could ; to be steady, take good aim, lose no powder, and all attend to their duty, their self-preservation;' this was at a few minutes after 9, A. M. The second shot killed three men, the falling of one of whom brought the Doctor to the ground. The contest lasted with more or less vigor till about but accepted of some whiskey punch. He was urged to retire to bed and repose, but he preferred sitting up. Three respectable persons were desired to keep him company, and of these one was Dr. Kimber, of Chambly, distinguished alike for his warm-heartedness and his bravery. Mr. Weir was told that he must submit to be detained in custody for a few hours, but that he would be perfectly safe, and should be treated with respect and kindness, such as the Doctor said, he would wish to receive were he himself a prisoner, which might be the case in a very short time. Nothing more came under the immediate knowledge of Dr. Nelson, after he left his house to meet the advancing force. Previous to going, he gave Mr. Weir in charge of three elderly and trustworthy Ao6?7ans, with injunctions to prevent his escape, but to do this with mildness. However, on hearing the firing, at a short distance, which occurred from wie conflict of the soldiers and patriots, the Lieutenant made efforts to leave the house, whereupon his guards, without any orders to that effect, put him into a carriage to take him to the camp at St. Charles. As the unfortunate prisoner and his escort reached the upper part of the village of St. Denis, he jumped into the road, and struck at his guards. A scuffle ensued, and a couple of persons .-W : .18 II Luntlred inhuLi- uct'our. lie went the morning avus ' midst of the mi- I liifi retreat. To Nelson contrived tinio tor rallying Lis opponents iu be did cot wish Je event of a col- laiued with him, 'i had no cai,8e to as a public man, might be openly ^c!cJ them also, ►cmaray, and Dr. 'ore, and that, if ages of the laws, If. But, instead lal and intimate vouchsafed him 9 near him. It companions that st sell them as i aim, lose no ■preservation ; * !ond shot killed the Doctor to ?igor till about ed to retire to ee respectable se one was Dr. rm-heartedness t submit to be Id be perfectly ness, such as e himself a me. Nothing Ison, after he to going, he rthy habitans, vith mildness, hich occurred utenant made without any to the camp scort reached J'lto the road, le of persons 4, P. M., when Captiiin Markhain, of the .T2nd Kortt, most gullniitly licading his coiiip;iny, uuuU' n ilcspciiiti! rush to ])as» an old store, oil the very vth^a (>{' a -^toci) Imnk, whirh riVtH'tually prevoiikd the troopri from ^etlini; Itohind the I)c)<'t(»i''s position — aiioltjcot that had been providoil a'^uiiist l)V pluciii;; si'von or ciglit iiwii in thu store, and who, by an iu'tive tire thrnui^di th«! cri'viccs Ijctwccn tlio timbers, trust i'atc:d nvfiy att«Miipt that was made to luni this impor- tant ])oint; l)ut just as the Captain, aftor reiterated attemj)t'<, was about to etl\!ct liispuipo>-i', he wasst'vorcly wouikUmI by si^veral shuts from a largt; iMiihliii;,' erected on a whaif project imlc bey(»nd the store. Six good marksmen hail l)een stationed in the third story, and successfully commamled this point. Tite (!u|>tain's followers seized him and carried him from tiie spot, after which the tiiin;; nearly ceased, and in about half an hour the troops withdrew. " It could never be accurately aseertained what tlic loss of the besiegers was, but it must have been considerable from the con- stant efforts that were made to pass the store alluded to above — no man appearing there but was brought to thegro'i.id. With the exception of those killed at this point, the loss was slight; the miserable 'fusils' of the habitans not being able to do much exe- cution save at a short distance. Five soldiers, severely wounded, were left behind, of whom the utmost care was taken; indeed, it was delightful to see with Avhat kindness and benevolence they were treated by those against whom, but a few moments ago, they were arrayed iu hostile strife. The soldiers, thcniselves, have ever since been loud in their praises of the demeanor exhibited towards them, a sentiment at once characteristic of the generosity and honor of the British soldier. A twelve-pound brass cannon, with its ammunition carriage, ike, was also abandoned on the field. Chap. XXXIZ 1887. proceeding to the spot where the contest was already becoming warm, — one armed with a sabre, aud another with a gun, attacked Jlr. Weir, who was said to be a spy, aiul in the excitement of the fi-ay inflicted mortal wounds upon him. Thus, througli his own imprudence and rashness, to say the least, was this fine young man killed, almost before he had attained complete manhood. When Dr. Nelson heard of this sad event, he expressed his utter abhor- euce of it, and most severely blamed and reproached those who bad been concerned in it, saying that, 'being three in number, they c( dd easily have secured their prisoner,' and it is mere justice to these individuals to mention that, on reflection, they ex- pressed in the most poignant terms thci.' regret aud sorrow of their pi'ecipitancy. Under the stupid impression that the catastrophe could be concealed, some persons made a hole, in the night, on the beach of the river, and there buried the body of the unfortunate gentleman. •' It is due to historical truth to give the xbove outline of an acci- dent that cast the profoundest glo(jm over a large community, iu- cluding Dr. Nelson aud his friends, — an occurrence which, until the 2w 514 ci ap. Ul m 1 m 1 1 XXXIX 1837. " It irt l)Utsiin|)lt> justipotowiirdtlin Dnotortoptiitctlmt, duririsrllie BtritV, ItiH Hdiil was .won-ly '""''it. ii"t ''.v am |)iiHilliniiiii(iiiH nciiti luiiits lor liirt pciH iiiJil siiCcty. iiItlioiiLfli n tlii>iHnii-tini«<' of lii* l>tiiii^ foiffd into ImttK' ai:raiiit the rtoMidv^ of IliiLjlaiid — tlio land of liis honored and vtiicratcd Kiitlu r'.-». Had lie ht'tn plafcil sidi' hy ^ido (iiid a<*tiML,' in ooDoci't Avitli tlic troopfi, in rc-ti.-iliiii^ a couimon foo, his amotions would liavf ])ait kvu of exultation and d('li;;l'.t. Mut to l)f plact'd in wailikc o|t[>o8itioii to tlifiii \vas;,'i'i«vous. iiidccil, to his lu-art. TIk' rctiTat ot liis as,«ailants ^ave him h\it liltli- satis- facti(.n; nay lit- had a Wfiifht upon him th.-it he could not dissipato, find which Would havo pi-ovi-d insupport.ihh', had it not Ikhu for the (.'(Miviction that \w was nt-tiiiif in ohodienoo to laws fur more 8ii])i'ome than thoso of si'lf-|)i'cs('rvation. •' Shortly after the witiidiawal of the troopi*, the Doftor culled his friends around him foi- consultation and ndviee, saying to them; * Wo have now passed the lluhicon — our vei-y lives are at stake — there is no alteinutive; even a moan, erin'^in;^ sul)mi:-siou will eearcely proteet us from every kind of ijrnominy, insult and iu- jui'v. worse to hi^ar than death itself, if. indeed, this event do not befall us at ouee. We see, now, hut tlie ]>ainful ne<;essity of tukint? up arms in good earnest, and manfully awaiting tlie uecur- renoes Avhieh our attitude may provoke- ; still, it may ha])peu that terms will be oliereil us, Avliieh it might be equally prudent and i.'oiiorablo to ueeed»< to." Whilst preparing u Cv^'urse of de- fence in Consonance Avith these sentiments, the iijjper division of th(( militai'y expedition attaekt^d the encampment at St Charles, which, it nmst be confessed, was far less favorably stituated to real facts of tlie case were known, naturally excited unusual re- gret and oondomnation." NoTK BT TUK Ai'Tnoii. — Without any desire to be ccn.sorious, it is in like manner due t(» historic truth, that I, ulsu, should subjoin a few lemarks of my own on this subject. The above, as far as it goes, is, no doubt, in accordance with facts; but it avoids — very pardonably, 1 am willing to admit — the ciuel circumstances and manner in which Lieutenant Weir was put to dea'ui, and is evidently intended to bo palliative of this most atrocious and rcvi'lting homicide (never contemplated, I am very certain, by Doctor Ktdson, to whatever liid)ilities, in u legal or moral sense, he nr y have subjected hinu elf by making the unfor- tunate gentleman :> piisoner), and I therefore cannot allow it to pass without observing, that I do not, nor will my readers, I imagine, fiii'i in it one solitary cxtoiiuating circumstance of iheguiltoi thi)se "who, in cold blood, slew j)oor Weir. His aruis were tightly Ixnmd "with a rope previous to. or on his being put into a cai t, orcaleeho, for conveyance to St. Chai'les — consequently any assault, so pin- ioned, that he eonid possibly make on his guards, cannot have been formidable; and it was in this defenceleas state, after — on hearing itiifctlmt, cliu-iria;flie |)ii.«illMni?ii(MiH Ki'iiti- iHiiiid lialluu'cil i'wA I tt) )i (i«";i'Cf iilinoHt 'timer »»1' liis licili}^ II. I — tlu' liiml 111' his |»]a(<'il n]tU> hy ^ido illL,' II CnlilllMn t'ui>, I mid di'lij^dit. Mut ,'ricvuus. iiidccil. to liiiii l)iit littlf satis- •ntild iml, dissipato, lad it iml, hocu lor to laws fur inf)ro 10 Diictoi' culled lli:* , Haying to tboin ; ivi's are at stake — ff siihiuii^fsloii will uy, iiii^ult and iii- tliis event do iiol, infill neeessity of A'aitiriNj the uecur- , it may happen i equally prudent ijf a e^'urse of de- ni)pei' division of at Sr CMuu•le^^ )lv stituated to ie'ited unusual re- jo censorious, it should suhjoiu accordance with ( to admit — the liuit Weir was ve uf this most ted, I nni veiy in H legal or ■:iiig the unfor- illowitto pass u's, I iniiigine, e guilt oj those •tightly bound u t, or eideelio, ssault, so pin- mot luive been 'V — oTi hearing 515 resist the attack thnn whh St. Deult". Tlio assault wiw rtucccAjjful: tlio Soldiers s\vei»t all before them, and a ge»U'ral panic ensueil, — the rof il ,<"' he 1 6th, when I received information that a warrant against me for high treason had been issued, and in my ignorance of most that had been passing in the last ten days, I determined to set out im- mediately fo]' the States, there to repose, till my strength should be recovered. Departing alone, without conferring with any one, I arrived at the horseboat (foot of the current) about five o'clock, P. M., but found it would not leave for a couple of hours, and then to carry troops ; upon which, there being no other means of cross- ing, in a night so stormy, I engaged a habitant passing down to Pointe aux Trembles, to take me along with him. My new ac- in virtue of which they were arrested. Their arms were pinioned, and they were tied to the bars, of the cart in which they were placed for conve^-ance to Longuouil — l)ad enough certainly — but they were spared the revolting iudignity of which Mr. Bi'own very justly doubts, and which I am happy to have it in my Eower to say was not the case. See, also, the statement in French y " un Temoin Oculaire, et nn des prisonniers" — post. R. C. i i For if not without proof, 'turn herewith Httle longer to 1 in mean time , BROWN." ember, 1851. iiy part in the Mfl, and yet I lere are many jy-and-by, if I wo of history ubmit to you. k you for the BIIOWN." mher, 1851. I was driven ars right that rations on the lost my right my room till nt against me e of most that to set out im- ength should mth. any one, t five o'clock, (urs, and then an 8 of erosB- sing down to My new ac- ere pinioned, h they were rtuinly — but M)\ Bi'own Iv^e it in my ut in French R. C. olU tjuaintance was very drunk — a sharp north-east snow storm had sot /-tt,-^ in — there was eontnuial diuigcr of running over the bank, and con- ^„„jt scqucntly I was obliged to drive, which adding to my exposure, struck a cold int(» every limb, and every corner of my body. That niglil, after retiring, I suriercd the paius of Tophet. " In the Jnori ing 1 went down to the village of I'ointo aux Trem- bles, and from thence crossed to the farm of an habUant n>micd Malo, where, most hospitably received, I went to bed, iuid ptusr?ed the day. In the afternoon I sent for Dr. Dudicsnois, of V arennes, and retui'iiod ia a canoe with him. At his liouse 1 met Rodulphe DcsRivieres, Dr. Gauvin, and some others, from wliom I learned that miiuy warrants, for high treason, wei'c issued, nuuiy arrests Avcro made, and many people were flying from home, in all quarters. They also brought intelligeuee of the rescue of Davignon and Demarayat Longueuil. Conversation soon roused us willi the reck- less vivacity conmiou to people thrown suddenly upon their natural resources, and compelled to act. At supper I observed: 'Well, the Ball has commenced, I suppose we must all join in the dance. ' Yes,' said Gauvin, ' We will turn soldiers — let us go to St. Cliai'les, malce a prisoner of Debartzch. and establish our camp.' " Without further discussion, Dosllivier< s, G.'mvin, a brotlier of DesRivieres, and myself, set out inunediately in two eurts, upon our expedition. I hiul been but once in St. Chai-les, and knew out one person there — twi» of my associates (DesRivieres and Gauvin) were still gi'cater strangei's. At one phtce where we stopped in the night, there were two taverns, and many people nssend)leti, much excited, enquiring why the 'chiefs' wei'c flying? " ' W^e have nnuuunition and guns,' sjiiil they, 'let the Chiefs remain with us, and they shall be protected.' We reached Mr. Drolet's at St. Marcs, about day-break, iui.l nfter breakfast crossed to St. Charles. I went to Durocher'sand h'.id down, too miu'h broken to stand longer. Gauvin collected a small party of men with fusils, put himself at their head, marched up to the Manor house, and took possession. Debartzch aiul family were then safe in Mon- treal. Shortly aft^r, a horse was brought for me, and I proceeded to take command of the camp, which by evening nuistered (piite a garrison with sentinels posted. The next day being Sunday, nothing was dt)ne — much to my annoyance. " On Monday we felled the trees round the house, and laid up their trimks as a barricade round a large area (euelosiug all our build- ings) which when covereil with earth, would have been bullet proof, and formed an out-worl: to a fort, but neve;' ccmpjcted, it i-emained a mere log fence. The i)eople from the surroimdiug couutrv', came in great nunibei's, all enthiisiastie nnd ready to devote life and pi'opci-ty to the call of their country ; but the chief men were, as you remember, with \\M) or three exct'ptions, absent or secrctcil ; and under these circumstances, it could not be (xpecte J that the people would have nuieh eoutideuce in o})erations con- ducted by three young men, of whom they knew nothi; r, and whoso pci'sonnl thincieufies were too visible; Col. Lemay, Simon XXXIX 1837. H I ^ I ;*' a 520 I^Y. Lesperance, and two others, were l)rougbt in prisonpra, and P' talned by me. I "' XXXIX 1837. t^i' dc' by me. I diro-ctod a guard to be placed over Lesperance's Store, for its protection, and took posses^sion of Spink's Store at St. Charles, where I placed a guard to prevent plunder. Of provi- sions we had abundance, but the wheat was to be gi-ound, and the cattle to be killed, and with no organised Commi.ssariat, or Quar- ter Master's Department, men who joined, left us for want of food merely because we had no system for distributing it. All were ready to obey, but there was no body to conunand. In the absence of Commanders or instructors t)f Squads, no body knew what to do, or how to go about it. For myself whatever I might have done at another time, I was suffering excruciating agony of body, especially through the long nights, and moving in pain through the day, I could direct nothing with energy. At a moment when every thing was required of me, I was tit for nothing. Of ammunition we had some half dozen kegs of gun-powder, and a little lead, which was cast into bullets ; but as the fire-arms were of every calibre, the cartridges made, were too ]".rge for many, which were consequently useless. We had two small rusty field pieces, but with neither carriages nor appointments they were as useless as two logs. " There was one old musket, but not a bayonet. The fire arms, were common fusils, in all conditions of dilapidation, some tied to- gether with strings, and very many with the lock-springs so worn out, that they could not be discharged. " Encouraged by your masterly defence at St. Denis, we felt no alarm at the approach of Col. Wetherall, who halted at St. Hilaire some eight miles distant. On Friday, the 24th November, tjie day being fine, I reconnoitered the country for some distance up the river, to a ravine where there was a small bridge, that I ordered to be destroyed, and placed a picket in the Brush wood, near by, to fire on Col. Wetherall's advance, should they attempt a recon- struction. I placed another party on the summit of the ravine, directing them to erect a strong barricade, from which they could, with safety, fire on the troops, as they advanced from below. The remainder of the men I had brought from tne camp, I picketed in the farm houses along the road, with instructions to turn out, if the troops approached, and fire from behind the wood piles, and other safe covers, of which there was abundance along the river bank. " Abotit midnight, the camp was aroused by an alarm, that the troops were coming. Those who came from the farthest point up the road, had neither heard, or seen them, and I am satisfied the alarm was false, but it was only after I had sent men out into the fields, to bring back a report, that no enemy was surrounding us, that I could get the people quieted. My arrangements of the pre- vious day were, as I discovered when the troops really did appear, completely broken up — for very few who fell back on the camp, that night, returned to their posts. " On the morning of the 25th, I mustered my men in camp — they 1 521 m lors, and cic- Lespenince'a ink's Stoi-e at '. Of provi- )Un(l, and the •iat, or Quar- want of food it. All were 1 the absence new what to might have ■ony of body, I through the t when eveiy amnuinition i little lead, 3re of every . which were pieces, but as useless as he fire arms, 4ome tied to- ngs so worn s, we felt no t St. Hilaire bcr, tJie day tance up the at I ordered )d, near by, ipt a recon- the ravine, they could, jelow. The picketed in turn out, if d piles, and ag the river m, that the 3st point up 3atisfied the out into the ounding us, of the pre- did appear, the camp, lamp — they numbered one hundred and nine (109) fusils such f.s I have de- scribed ; and I presunied I could count on 50 more in the village. At this moment I received a written communication signed ' Your friends below the Rapids,' informing me that Col, Wetherall having received orders to retire to Montreal, was making prej)ara- tions for crossing the river, at St. Hilaire. _" Thus relieved from all anxiety on that side, I set about organ- izing a Commissariat, and after arranging what was necessary at the camp, we at down to the village, to see how I could get our wheat ground into flour. While occupied with this business, in- telhgence was brought, that the troops were advancing, and riding to the camp, I found th..L all my remaining outlying pickets, had conie in, without waiting for their approach. Collecting about thirty of them, I ordered them to return, and proceeding with them a mile, or more, came in full view of what appeared about 400 to 500 Infantry, with two pieces of light-horse artillery, and a small party of cavalry. The day was fine, the ground frozen, and they, after so good a repose at St. Hilaire, advanced rapidly. I ordered my men, as before, to take advantage of wood piles, and inequalities of the ground, to fire on the advance, and left them to return to camp. While stopping at one point, to reconnoitre, my horse by a sudden turn threw me violently on the rough frozen road. He was caught — I mounted again, I know not how, and got back to camp. Such a throw, in ordinary times, wouk^ have unfitted me from moving an inch. I called the men to their po-ts — they stepped out manfully, but I do not think tho Avhole number exceeded seventy. Then I hurried to the village to bring up all who might be there. The fields were covered with a com- plete flock of men, women and children, from along the road, who were flying before the troops, " Just as I turned again towards the camp, a respectable old habitant came running up, to say, that he had been sent by the English Commander, to tell us that if we made no attack on the troops, they would not harm us. I at once supposed, that followed in the rear, by our friends from above, they were seeking a free passage to Sorel, and determined to send a message in reply ; that if they would lay down their arms, they should pass unmolested. A man in the employ of Mr. Durocher, was the only one I could send — he had to go back for his coat, and tL'^n we set out ; I instructing him as we proceeded towards the c ,mp. Arrived within about 250 yards, at the top of the ravine bolow the Church, I stopped to take breath, and was looking to see what use could be made of the ravine, when three round shot passed near me, in quick suc- cession, and as I reined out of the road, down which the first fire was directed, the musketry opened on our camp. To go forward was useless, as I could order nothing but a i-etrcat — without it the people commenced retiring, I tried to rally the little squads, my only hope being in keeping together the fowhng pieces we had collected, but finding after a long trial, my strength and authority insuflScient, I considered my command gone, turned my horse, and Chap. XXXIX 1837. ^M I ^. ' w ! ili 522 t'. IIJ.- Chap. ''*^^**^'*^ ^^* nieet you at St. Denis ;- .sequence whereof the following, being more, however, than bargained for, wns sent me. A simple yea or 7iai/ would have sufficed, neither of ■which is given, though it was all that was desired. It may, how- ever, be decidedly inferred from this statement, that they were not subjected to the supposed indignity Besides, that they really were not, I have from the best authorit}% as mentioned in another place. For true cause of the arrest of those gentlemen, see page 436. R. C. ARUESTATION DE PIERRE PAUL DEMARAY, NOTAIRE, KjP DE JOSEPH DAVIGNON, MEDECIN, DK Z.A. VIT.LE DE ST. JEAN DORCIIESTEE. Lc IT oiovcmbre 1837, a 3 heures du matin. Les assemblees publiqnes qui avaient eu lieu depuis quelque temps, a I'occasion des droits reclames par les habitants de cette province, comme colons anglais, avaieut tellenieut trouble les Tories d'alors, que ces deruiers ue mettaier.t aucun frein a icur vengeance, meine sur les personnes inoffensives ; c'est ainsi quo ccs messieurs les Tories de St. Jean se sout conduits envers messieurs Demaray et Davignon, deux puisibles citoycns de la ville de St. Jean Doi'chester. An depens de la verite. Ton avait trouve les moyens de faire croire au gouvorneniont ce qui n'existait vraiment pas, et c'est par ces moyens que. pour so veuger contre ces Mes- sieurs, Ton parvint a faire arrttcr inet4sicur.s Di'inaray et Davignon. Ce fut sur les trois heures du matin, qu'uue trentaino de volon- taires ou cavaliers se transporttU'ent a la denioure de ces messieurs, les arraeherent do leurs lits et les menerout a Thotcl Mott, ou ils furent mis aux fers et cnsuite lies et garrottes a la charretto qui de- vait les transporter a Montreal ; ce fut alors que Ton dit aux pri- sonniers, que les gardes, avaient ordre de les livrer a Montreal, morts ou vifs ! ! ! ! L'insolento fierte, avec laquello so conduisaient ces gardes fut bientot punie. A environ uue demi-lioue du village J where you nitiy it me at the hoad •t me out of the or person that I 3, iu making pre- 10 last that most im front to rear, 3re flying in the S. BROWN." etor W. Nelson, uhu's on charge >r8 with the in- nested a friend, inquire of them , in G. .sequence irgained for, was iced, neither of It may, how- at they were not Jat they really oned in another emen, see page R. C. KX- DE JOSEPH )RCirESTEa. res du matin. epuig quelque .>itauts de cette ut trouble Ics frein a leur t ainsi que ccs vers messieurs a ville de St. nit trouve lea stait vraiment )utre ces Mcs- Y^ et Davignon. ^ine de volon- ces mossieui-s, A Mott, ou ils ;irrotte qui do- u dit aux pri- :r a Montreal, conduisaient one du village n do Longueuil, uuo trentainc de Canadions. iTial amies, iiyant ou la (jii^p nouvelle ntaiue's advice, and to con- sider as non ai.'cnns and null, all indietaicnts, against whomsoever found, from political causes, that against Mr. Papineau al'>r.e except- ed, and on this point he seemed determined to insist. Mr. Lafontaiue, to his credit be it told, at ouce declined acquiescing iu the proposed 3 il II ::; I .r 11 > \ i:'! « :-J. 1 I': ;; 524 m I 1 (i . ' / '>>-5 r; If j ii 1837. ChaD **<'^pt'^"» to which, indeed, ho could not, without dishonor, assent, XXXIX exprcBsiiij^ his detonuniation to rerfigu his oflice (the Attorney Generulrtliip of Lower Cumula) rather than consent to make Mr. l'ai)incau an ex(!ej)ti(»n, as insisted upon by the Gt>vornor. Sir Charles, however, at last, wisely gavo way, and authorized Air. Lafontainc to enter a 7iollc prosajui to the indictment found imainst Mr. l*a])ineau (at this time in Fiance), as well as to all those found against others from the lilie cause. By this generous and energetic conduct on the part of Mr. Lafontaine, a return to Canada was opened to Mr. Papineau, and of which, early in 1845, he availed hunself, after an absence nearly of eight yeais. Mr. Papineau did not, it appears, contemplate, on returning to his native country, a re-entry upon public life ; but, warmly soli- cited from various parts, he finally allowed himself, though re- luctantly, to be proposed, at the general election in 1848, as a Can- didate for the County of St. Maurice, and for which he was returned. His re-appearance in Parliament was not favorably received by Mr. Lafontaine and his friends, from the apprehension that, disap- proving of this gentleman's policy, as he was known to do, and from the antagonism that had formerly, previous to the rebellion, arisen between them, and not yet forgotten, he might, through the influcace he formerly, and to a considerable extent still enjoyed among his compatriots, divide the French Canadian party, and weaken, if not break down, Mr. Lafontaine's power in the Legislative Assembly. He was here bitteidy assailed, on tb score of his past and present politics, by Mr. Lafontaine's supporters, but by none with such vehemence as by his quondam disciple and friend, Doctor Wolfred Nelson. Hence the cori-espondence and recrimi- nations in the public prints (from which the following are extracts) between those gentlemen. The quarrel certainly afforded some instruction, as well as amusement, at the time, though at the ex- pense of the parties engaged; but their friends very generally, and with much reason, regretted and condemned, not less the tmncces- Bary revelations of their mutual deeds, if not misdeeds, in times past and present, than the acrimony with which they were brought out ; and 1 may, without offence, add, that it were far better for their own sakes had the altercatit)n been avoided. If called'upon to define the essentials in which Messrs. Papineau and Lafontaine — both gentlemen of French origin, and who, in turn, ha*^e largely enjoyed the confidence of their fellow-country- men — politically differ, I must own at once my inadequacy to the task, unless it be, that, equally opposed to the union forced upon the French origin population of Lower Canada, the former, to nullify it, would prevent it from at all working; w^hile the latter, making a virtue of necessity, has pursued a wiser policy in work- ing it to the advantage of his country, and, in particular, of his compatriots, placing, through his influence with Lord Elgin, sevei'al of those even who were the foremost and most conspicuous in the rebellion, in some of the most important and lucrative offices in the Province, proving himself in this, as I at least opine, by far the dishonor, assont, ce (the Attorney eut to make Mr. ) Governor. Sir 1 nuthoiizcd Mi\ Lint fi>uud iij^uinst ;o all those found 3U8 and energetic X to Cu' ada was 1845, he availed on returning to at, warmly eoli- iself, though re- 1 1848, as a Can- he was returned, bly received by sion that, disap- lown to do, and to the rebellion, ght, through the Jnt still enjoyed dian party, and n the Legislative score of his past M's, but by none iple and friend, cc and recrimi- ng are extracts) afforded some >ugh at the ex- ' generally, and ;ss the imneces- leeds, in times y were brought far better for 3ssrs. Papinenu 1, and who, in 'ellow-country- lequaey to the n forced upon he former, to ile the latter, )licy in Avork- icular, of his Elgin, several onspicuous in itive offices in ne, by far the 1837. 626 more skillful politician of the two. This latter policy, it is true, hfls Chat>. not been satisfactory to all the world, and it is, indeed, in a general xx^ix sense, open to grave objections ; but nevertheless it may, in this in- stance, be a flouuJ one. Mr. Lat'ontaiuc, it is pretty generally ad- mitted, has, by consulting only tlie practicable and expedient, acted wisely and well, amidst the dilliculties that beset hi.s position as Prime Minister, which he of late occupied, and that, upon the whole, though there are derogating circumstances in the course of it, his administration has been eminently successful. It was, in fact, from the impetuous and blind pursuit of the impracticable and inexpe- dient, that Mr. Papineau lost himself, shipwrecking his own and his 2)arty's hopes, and, with his example and failure before him, it is to Mr. Lafontaine's credit that he has had the wisdom to profit by them. R. 0. (Editorial from "La Miner vc," 4th September, 1848.) " On peut voir par la date que porte lea attes. Jons suivantos, que nous Ics avions en notre possession depuis dOjA quelque temps. Nous ne Ics aurions jamais mises au jour, si on n'etait pas revenn avec un nouvel acharnement insulter a outrance a des citoyens re ■ commandables qui ont bien merite de la patrie. On a encore re- mue ciel et terre pour seduire des hommes inconnus pour la plu- part, en leur faisant retremper la memoire par des moyens connus nux intriguants, pour leur faire affirmer des ehoses qui etaient contredites dcja par plus do cinquante citoyens respectaV-les et dignes de foi, qui ont ete temoins de tout ce qui s'est passe a St. Denis, le 23 novembre 1837. Nous regrettons intiniment de reve- nir encore sur ce sujet, mais nous ne devons pas garder le silence, lorsque noua voyons des citoyens recommandables qui ont fait tant de sacrifices pour soutenir I'lionneur des Canadiens, pour conduire nos eompatriotes a la victoire, pour leur donner un nom, pour les faire respecter meme par nos plus mortels ennemis, nous ne devona pas, disons-nous, garder le silence lorsque nous voyons des hommes cl'hier, dea pigmces politiques, qui n'ont jamais paye ni de leur personne ni de leur bourse leur dette a la patrie, insulter a des hommes qui ont fait leur preuve de devouement ala cause commune, nous serious coupable d'lngratitude si uous n'elevions la voix pour les defendre. Puisque nos adversaires revienuent avec acharnement Bur ce Bujet, nous ne devons pas I'abandonner, et dussions-noua deplaire a quelques-iins, nous devons accomplir notre tache, celle de rendre hommage a la verite. " Toutes les trames qui ont precede les malhcureux evenements de 3*7 nous sont annues, nous avons eii occasion d'appr6cier tons les acteurs qui ont pris part au grand di-ame, avaut, pendant et apres. On semble ignorer, ou on veut oublier ce qui s'est passe alora. Ceux qui ont forfait a I'honneur doivent etre, suivant quel- ques-uns, les superieurs de ceux qui ont merite des lauriers ! Cette maxime est tout k fait nouvelle et ne peut exister que chez un peu- ple ingrat et indigne de possSder des nommeB qui se devouent ala '4i ] ■. I, I ■■I 62G M If I M-::Si:- Chap. XXXIX 1837. jncrons quo Ic jour n'ost pns cloij^ne oii 3lmrLft!rii de la tCwhe (recrirorbistoire de causo comnmno. Nous ear uii liistorien iinpnrtiul bo clmrf^tsi rinsurrc'cliou do 1H.37, et do tousles cvt'^nenients qui Tout [JidctMlrc, c't s'il Be trouvo cucorti das hoinnies asscz j)ivjuf^'C8 pour no piia londrc liomniaiLfo au ludrito, la postcrito sera juuh ju(licit'Usc, olio ejiira 5«'(*tions. " vjvi'il rst vrui que AJ. Henry Cartier n rcmarqud qu'il serait l)oii (l«? r«'truitpr, vu lus lavagi's causes par les (IcStliargfS de I'en- nenii, le manque de niniiitiona, et la Juite d'uii nombre de per- flomifs en eonscciueiice. Je me Huis tortement opposO a fette d-- marche, et nonobstarit cela, M. Henri Cartier nous a vigoureusc- nient seoondiis pendant toute la journ6e. M. Gkoroes (Jartikr n'a jamais tait ullusion u la retraite, et lui, comme son cousin, M. U. Curlier, a vaillamnient et eflicacemcnt contribu6 au succOs de cette lutte. Kt oes iMessictirs uo m'ont laiss6 que lorsque je tua nioi-rndnic obli^ti de parlir, neuf jours apros cette opocjue, a la seconile c'X|;ttditioa des troupes coiitre St. JJenis, la rdsistancy ulors ^tant tievenuu imposisiblc. " (2ue j'ai envoys M. (ieorge Cartier, vers les deux heures de I'apros-rnidi, chevcher des munitions a St. Antoine, et qu'il a 6t6 promptement de relour avec des sccours, apres environ une heure d'abi ence, M. George Cartier ne portait point de tuque bleue le jour de la bataille. Que si j'ai vu le nommd Henri Lapparre pendant cette jour- n6o, ce n'est qu'au commencement, je ne me souviens pas de I'a- voir vu ensuite. S'est-il cache dans une cheminee, dans sa frayeur, comme il falui-tnkine aoouii , et ensuite s^est- it sauvi par une fenetre a*'ec d'autres, comme il a 6[& j)rouvu sous serment, c'est ce que j'ignore. Mais dans tous les cas, s'il se lilt conduit avec courage et vaieur durant la bataille, il me semble que je n'aurais pu man- qu6 de le remarquer, comme j'ai reinarque les fails saillants de tant d'autres. '* WoLFRED NkLSON. " Montreal, 21 aoiit 1848." " Je, F. X. Laforck, marchand, de St. Denis, 6tant asserment6, certifie qu'au meilleur de ma connaissance, le 23 novembre 1837, le Docteur VVoUied Nelson est parti et a laissd sa maison sur les six heures du matin, pour aller au-devant des troupes pour s'assurer si elles marchaient sur St. Denis; qu'ensuite il est levenu et s'est arrdtd a, la maison de Mine. St. Germain, sans aller chez lui, ou il est rest6 jusqu'apres la bataille, de sorte qu'il me parait impos- sible qu'il ait pu voir monsieur Papineau qu'il avail laisse chez lui avant de parlir. Je certilie de plus qu'il n'a jamais et6 question, jusqu'a ce jour, d'elire ou nommer le Docteur Nelson general ou commandant, mais que tout le monde s'accordait a dire que nous devions avoir confiance en lui, et c'est poui cette raison que tout le monde le regardait comme chef apres M. Papineau, et j'ai signe. " F. X. Laforcb. " Asserment^ devant moi, le 25 aout 1848. *' J. Bells, J. P." " Je, Joseph Ed, Mignault, notaire public, du bourg St. Denis, certifie avoir 6tQ au combat qui eut lieu au dit bourg St. Denis, obuHMnis cotnpli- irqud qu'il scruit Idi'liurgfs d(« I'fii- ti iiotnhre dc per- pjKJso a oflte ii6- ous a vigoureusc- onoEs (Jartikr lie son cousin, M. bu6 au succOs de le lorsque je tus »tto opocjue, u la a rdsislancu alurs I deux heures de ic, et qu'il u 6l6 inviroii une heure de tuque bleue le »ndant cette jour- jviens pas de I'a- (, dans sa frayeur, >6 par unc fenetre lent, c'est ce que Juit avec courage n'aurais pu nnan- faits saillants de RED Nklson. Jtant asserment6, oveuibre 1837, le laison auv les six pour s'assurer si levenu et s'est ler chez Jui, oa tne parait irnpos- it laisse chez lui lais ete question, elson general ou a dire que nous aison que tout le Li, et j'ai signe. X. Laforcb. bourg St. Denis, bourg at. Denis, i)29 Cntre los troupes de Sa llajrstd, et dos pnroissiens do St. Denis et Cliao dfs paroifises voisines, le 23 novembre 1837, que je njo suis rendu xxxix a la grande maison de madanrie veuve Antoine St. (jfermain, avec v^-^,-,^ line compagnie do citoyens, sur les six heures du matin, qu'un iaQ»j instant apr<^9 mon arrivde chez madanie veuve Antoine St. CJer- main, le docteur W. Nelson, passa a cheval devant cette maison, allant au-devant des troupes ; que vers les sept ou huit heures il re- vint 1 J bas de la paroisse St. Denis, arr6ta chez Mme. St. Ger- main, cnvoya de la sa jument chez lui, autant que je me le rappeile, entra dans la maison, re^ut le commandemcnt des citoyens, et com- manda le reste du jour sans s'absenter de hi maison ; (juc je ne me rappeile pas avoir vu M. Papineau de la journ^e chez Mi-ne. St. Germain, quoique pourtant avoir pris bien garde et attention A voir les principwix citoyens qui pofivaient s'y trouver, *' J. E, MiGNAULT. " St. Denis, 19 ao^t 1848. "' AssermentO devant moi, St. Denis, ce 19 aoftt. " O. Chamard, J. P." ^* Je, soussignd, Frangois Xavier Laforce, marchand,dc St. Denis, vertifie que le vingt-trois novembre 1837, j'ai vu et rencontr^ M. George Cartier dans la maison de Mme. St. Germain, durant la bataille qui se faisait alors et commenc^e depuis les neuf heures et ■demie du matin» Au meHleur de ma connaissance, j'ai vu M. G. Cartier jusque vers les deux heures de I'aprtis-midi, entre midi et yne heure environ ; le docteur Nelson ayant donnfi ordre aux rom- battants qui s'l^taient tonus dans les 6tages supfirieurs de la maison, de descendre dans le premier etage, M. Cartier est desceadu comme les autres au premier 6tage d'oii le combat a et6 continue. J'ai parl(§ et converse avec M. George Cartier, et je puis dire qu'il s'est comport^ avec courage et riSsolution; i'ai vu auc'-i M. Henri Cartier dans la maison, lequel a pris part a la bataille. J'ai entendu dire que M. Henri Cartier avait parl6 de retraite au docteur Nelson, croyant que i'on ne pourrait teniraux troupes, mais ca n'a pas em- p6ch6 M. Henri Cartier de continuer le combat, M. George Car- tier n'a jamais parl6 de retraite, et j'ai sign6. " F. X. Laforce. " Le dit Francois Xavier Laforce, ayant 6t6 assermentd, diSclare vrai le contenu des pr^sentes, en ayant eu lecture et ayant sigLc. "J. L. Bbaudry, J. P. "' Montreal, 25 aoCit 1848.'» <' Je, Francois Lajoie, ferblantier, de St. Denis, certifie que le vingt-trois novembre 1837, je suis traverse de St. Anloine d St. Denis, vers les trois heures de I'apres-midi, en m6me temps que M. Georges Cartier, lorsque M. Georges Cartier revenait de St. An- toine avec des cartouches et des munitions, qu'il emportait pour la bataille qui avait alors lieu a St. Denis, entre les troupes et les ci- toyens de St. Denis etdes paroisses environnantes. Aussitot arrive ■i St. Denis; M. Cartier est gagne vitement & la maison de Mme. / / I ii<' ir^i 'il -ilf 1 1 it- -r^ ■ 'I 630 Chap. St. Germain ou on livrait encore labataille, tout pres de la traverse, zxxiz " Asserment^ par devant moi, a St. Denis, le 26 aout 1848. *— r-^^ " D. BOURDAGES, J. P." 183V. " Je, Jean-Bte. Mignault, soussign^, 6tant assermento, certifie qu'au meilleur de ma connaissance, le 23 novembre 1837, sur los sept heures du matin, j'^tais devant la maison du Dr. WoU'red Nelson, 4 St Denis, et que la je vis M. Papineau auquel je conseillai de partir, vu que la troupe arrivait au village, M. Papineau, m'ayant fait re- marquer qu'il n'avait point de chevaux pour fuir, jo lui offris le mien que je fis seller et qu'il accepta ; je certifie de plus I'avoir vu embarquer, partir et se diriger du cote de St. Hyacinthe ; je certifie ^galement que le Docteur Nelson n'etait pas present pendant le temps que je fus avec M. Papineau ce matin-la, el j'ai signd a St. Charles, le 21 aout 1848. " JeaK-BtE. MiG.VAtJLT, " Assermento par devant moi, le 21 aout 1848. " D. BoURDAGES, J. P.'» The following, in refutation of the above, which appeared in **L'Avenir" of the Tth October, 1848, published at Montreal, it is but common justice also to give : — " Je, Louis Antoine Dessaulles, demeurant au village de St. Hya- cinthe, aprfis avoir 6te dilment nssermente sur les Saints-Evan- giles, affirme et certifie ce qui suit : "Le vingt-deux novembre nail huit cent trente-sept, je fus charge par quelques amis, a St. Hyacinthe, d'un message pour lo . Dr. Wolfred Nelson, qui 6tait alors a St. Denis, occup6 a faire ses pr^paratifs de defense centre un corps de troupes charge d'operer 6on arrestation et celle de quelques autres personnes. " En consequence, je me renais de St, Hyacinthe a St. Denis, le vingt-deux novembre au soir, mais trop tard pour m'acquitter de mon message. " Le leudemain, 23 novembre, je me rendia, a huit heures du matin, a la demeure du Dr. Wolfred Nelson, mais je ne pus le voir, parce qu'il etait all6, me dit-on, faire une reconnaissance pour ob- server les forces qui marchaient sur St. Denis. "A neuf heures du m^me jour, 23 novembre, je retournai chez le Dr. Nelson et je vis, en entrant, M. le Dr. T. Kimber. " Deux ou trois minutes, seulement, apres mon entree dans la maipon, le Dr. Wolfred Nelson entra chez lui, revenant de son ex- ' cursion au-devant des troupes. • :f. " Je lui dis alors, en presence du Dr. Kimber, que j'Otais charg6 i' -i pour lui d'un message important, et que je dOsirais le voir en par- ; ticulier ainsi que MM. Papineau et O'Callaghan qui etaient dans la maison. Sur cela, le Dr. Nelson m'in vita a monter dans une des chambres superieures de la maison ou il me dit que je trouverais M. Pap'^eau, et prenant le devant, il me fit entrer dans la chambro ou il (ii. -.'apineau) 6tait avec le Dr, O'Callaghan. •6s de la traverse , laout 1848. DAGES, J. P." jrmentc, certifie 1837, surlcssept /"olfred Nelson, a nseillai de partir, m'avant fait re- , jo lui offris le le plus I'avoir vu linthe ; je certifie Ssent pendant le 1 j'ai .sign6 a St. 2. MiG.VAtJLT, DAGES, J. P." ielx appeared in at Montreal, it is lage de St. Hya- es Saints-Evixn- nte-sept, je fus message pour lo ecup6 a faire sea charge d'operer lies. e a St. Denis, le m'acquitter de huit heures du 2 ne pus le voir, ssance pour ob- e retournai chez nber. entree daos la jnant de son ex- e j'^tais charg6 3 le voir en par- ui etaient dans er dans nnc des e je trouverais aus la chanibi'^ 631 *' Je m'acquittai do suite du message doDt j'etais cbarg6, et je Chap. regus du Dr. Nelson I'injonctiou de repartir aussitot que possible pour St. Hyaciuthe, aliu de porter sa rdponse. " Puis le Dr. Nelson s'adressa a M. Papineau, et lui dit qu'il vcnait d'aller faire une reconnaissance, qu'il avait vu les troupes en marclie sur St. Denis, qu'elles arriveraient probablement Boua un quart-d'beure ou vingt minutes, et qu'il serait temps que lui, M. Papineau, partit ; qu'il (le Dr.) le lui avait deja recommand6 le matin, et qu'il (M. Papineau) n'aurait pas du retarder autant. " M. Papineau repondit qu'il aurait peut-etre pu s'eloigntr la veille, mais que ce jour-la, il ne lui etaitplus loisible de le faire; que son depart pouvait jeter du decouragement parmi leurs amis ; quo ce n'etait pas preeisement a I'beure du danger qu'il pouvait s'en aller; que lo faire partir dans un pareil moment c'etait I'ex* poser plus tard, peut-etre, a des reprocbes sev^res. " Alors le Dr. Nelson reprit avec quelque vivacity : *' M. Papi- neau, j'cxige que vous vous 61oigniez; vous ne devez pas vou» exposer sans neccssite ; ce n'est pas ici que vous serez le plus- utile ; nous aurons besoin de vous plus tard ; nous sommes les bras^ c'est a nous d'agir ; si noua avons d gagner, nous le ferons sana vous ; si nous avons a perdre, ce n'est pas votre presence qui Pem- peehera ; aiusi, il vaut mieux, de toute mani^re, que vous par- tiez. " " M. Papineau r^pliqua, que s'ils devaient etre battus, autant valait en finir de suite et mourir la qu'ailleurs ; et s'adres&ant au Dr. O'Callaghan, il lui dit : " Qu'en pensez-vous, docteur." " Le Dr. O'Callaghan repondit : " Cola m'est indifferent ; si voua restez, je resterai ; si vous partez, je partirai avec vous." " Le Dr. Nelson reprit, mais plutot avec I'accent de la persua* Bion cette fois : " Voyons, M. Papineau, rendez-vous a la raison ; dans ime circonstance comme celle-ci, un homme de plus ou de moins ne change rien aux affaires ; allez a St Hyacintne et atten* dez-y les evenements ; s'ils ne tournent pas centre nous, c'est alora- que votre besogne, a vous, commencera. " M. Papineau parut reflechir, et le Dr. Nelson, s'adressant h. moi, me dit : " Mamtenant, mon jeime ami, depechez-vous, partez^ et ditcs hien a nos amis tout ce que je vous ai dit ; battus ou bat- tant id oest a St. Charles que les gens de St. Hyacinthe doiveni aller, car je crois que le colonel Wetherall sera demain a St. Charles ; qu'on s'y rende en aussi grand nombre que possible ; vous feriez peut-etre mieux de vous en aller par le chemin d'en haut, en ens que le commandant des troupes n'ait envoye quelque? hommes faire le tour pai' la Miotte, et qu'on ne vous arrete en chemin. " " En finissant cos mots, le Dr. Nelson sortit ; je le suivis, et quand je fus au bas de I'escalier, j'entendis le docteur dire a une vingtaine d'hommes qui etaient dans la salle d'entree : " Aliens, mes eufants, voila les troupes, il s'agit d'etre braves et de se oon- duire comme des hommes, en vrais patriotes ; allons 1" Et je via xxxrt 1837. US 532 ii • Gh&p. oes hommes prendre des fusils et Bortir de la raaison ; apr^s quoi XXXIX j'allai de suite prendre ma voiture, et partis pour St. Hyacinthe. >.i«>-Y-«-< "Avantde terminer, je dois ^ la voritd d'affirmer que lo Dr. 183Y. Nelson me parut agir avec le piua grand calme et le sang-froid le plus complet; et que rien dans ses actes, sa pliysionomie ou son attitude ne decelait le moindre i rouble moral ni la moindre sur^x- citation," Ei en foi de quoi, ce que dessus j'ai signd, L. A. DKSfliiULLES, J. P. AsBermenti! devantmoi, a St. Hyacinthe, le vingt-trois sopterabre mil huit cent quarante-huit. V. St. Oeumain, J. P. Louis Dragon, cultivateur, demcurant en la paroisse St. Denis, apres avoir prete serment Bur les Saints-Evangiles, depose et dit : " Qu'en mil huit cent trente-sept il demeurait en la paroisse dc St. Denis ; que le ringt-trois novembre de la mome annde, il dtait ©ecupe arec quelques autres personnes, entre neuf et dix heures du matin, i transporter de la pierre dans la maison de Mme. St. Germain, qu'on fortifiait a cause de I'approche des troupes ; que pendant qu'ils se livraieut a cette occupation, I'xm d'eux denianda au Dr. Wolfred Nelson ou etait M. Papineau ; que le Dr. Nelson repondit que M. Papineau n'irait pas les joindre, parce que, lui 1© Dr. Nelson, avait dit a M. Papineau de s'en aller •, que le Dr. dit do plus, que M. Papineau ne devait pas ae battre parce qu'ils en auraient besoin plus tard ; qu'il n'a jamais entendu dire que M. Papineau se fiit sauve, qu'au coutraire, I'opinion universelle dans St. Denis, a toujours 6te que M. I apineau n'etait parti avant la bataille, que parce que le Dr. Nelson avait insists a ce qu'il s'^loi- gnat." Et le deposant a fait sa marque ordinaire aprt^s lecture faite. Louis m Deaoon. Assermente par devant moi, a St. Denis, ec vingt oixit^me jour de Bcptembvfc mil huit cent quarante-huit Ol. Chamard, J. P. Je, Marcel Guertin, demeurant au village de St. Denis, apr^s avoir ete assermente, affirme et certifie ce qui suit : " Le vingt-trois novembre mil huit cent trente-sept, j'ctais oc- eupe k travailler a une tranchee faite de pieces en travers du chemin, prt^s de la maison de Mme. St. Germain. Pendant que je travaillais, je vis venir le capitaine Jalbert u cheval ; je m'ap- proehai de lui et lui demandai qui serait lo premier commandant, M. Papineau ou le Dr. Nelson. Le capitaine Jalbert me rdpondit que ce serait le Dr. Nelson, parce que, lui, le capitaine Jalbert et le qu perdre m gagner. son ; aprds quoi St. Hyacinthe. ner que lo Dr. le sang-froid le sionomie ou son moiudre surex- JiSULLES, J. P. trois sciiterabre CIIMAIN, J. P. [•oisse St. Denis, , depose ct dit : a la paroisse dc 9 ann^e, il 6tait ■ et dix heurea n de Mme. St. is troupes ; que d'eux demanda I le Dr. Nelson aree que, lui 1« ue le Dr. dit do parce qu'ils en u dire que M. niverselle dans parti avant la ce qu'il s'^loi- ecture faite. M Deacon. jixi^mejour de AMAKD, J. p. Deuis, apr^a opt, j'etais oc- en travers du Pendant que eval ; je m'ap- comniaudant, me rdpondit 3 Jalbert ct le au, parce que bosoin de lui les forait pas 533 " Jc doi3 dire do plus quo jo n'ai jamais cntendu dire, jusqu'i Chap, dernieromcnt, que M. Papincau sc filt 8auv6 ; ct que I'opiuion uui- xxxix vcrsellc a toujours etc que s'il n'avait pas as3ist6 a la bataille, ^^r—^ cY'tait parce quo le Dr. Nelson I'avait fait partir." 1837. Et j'ai eigne les preacntes. Makoel Guertin. Asscrmcntc par devant moi, a St.-Dcnis, ce vingt-sixiOme jour de septenibre rail huit cent quarantc-huit. Ol. Chamard, J. P., Boucherville, 3 octobre 1848. " MoNsiKUR, — Je dois a la vcrit6 d'aflSrmer que M. le Dr. Wol' fred Nelson m'a dit, trois ou quatre jours apres la bataille de St.- ixvait dit qu'il n'dtait qu'un homme dans la bataille, et quo comme il ctait la tete du parti, il fallait le consorver avant tout. II ajouta quo M. Papincau refusant de partir, il avait ajout6 que oomrae c'etait lui, M. Papincau, qu'on chercbait, il devait s'en aller, afin que St.-Denisne fdt pas mis a feu ct a sang. Voila ses propres paroles. '• Jo dois ajouter que pendant monexil aux Bermudes, et pendant nion s^jour aux Etats-IJnis, le Dr. Nelson a toujours soutenu que M. Papincau n'etait parti de St. Denis que d'apres ses instances reitorocs. " J'ai rUouncur d'etre, monsieur, " Votre, etc., " B. ViGEa. " L. A. Dossuulles, <5cr., Montreal." " St.-Cesaire, 28 sept. 1848. " Monsieur, — Monsieur m'ayant informe que vous etiez desireux d'avoirdcs informations sur le depart de I'honorable L. J. Papincau de St-Denis, le 23 nov. 1837 : " Pour votre information, je puis vous attester que, pendant moc exil avcc ie Dr. "W. Nelson aux Bermudes, et pendant mon expa- triation aux Etats-Unis, j'ai cntendu dire au Doeteur, a plusicurs reprises, qu'il avait 6tc oblige de se rendre maitre, en priant et ordonnant a M. Papincau de so retirer de St.-Dcnis au moment ou la bataille allait s'engager. " J'ai I'honncur d'etre, " Avcc respect, " Votre obdiseant scrviteur, V. T. GoDDr. " L. A. DessauUes, <5cr., " St.-Hyaciuthe." x2 684 :I'^, Hl'-i ^. "m CLap. ^"'''- Dessaulcfl, wlio liad Wiii'mly cspoTiseJ the cause on. is u xxxix Mr. rapineau, in refutation of the rc])roachti; made liim by Doctor H^-y-.»* Nelsou, acUls : — 1837. " Maintenant, il existe dans les lettrea du Dr. Kelson uuc admid- sion bien forte cont^'c lui. II dit, (ce que j'ai toujours ij^nore, quoique pendant le sejour de M, Papinoau a St. Ilyacinthe, aj)ie:« la bataille de St. Donis, il ne lui soil riou arrive et qii'ii n'ait r,cu fait que par mon cinial,) que M. Papiueau lui a envoye uu eniis saire porteur de cette demande ccrite : " Que faites-vous ? " Or, si M. Papineau n'ctait pas parti en ve^ tu d'une convention faite avec ie Dr. Nelson, si enfin il s'etait sauve comme tin Idciic, eat-il poysi- ble do croire qu'il aurait osd ecrire au Dr. Nelson; deniaudftr, commo prenaut part aux evenements, des details a celui qui aurait eii le droit de le mepriser ? Uue telle demarche n'est pas dans la nature. Si M. Papineau s'est sauve, il ne pouvait ])lu8 etre consi- derc conime participant aux efforts do ses amis, il reuon^ait a touts responsabilite, et on doit convenir que conime f'jiurait etO s'expo- ser a un reproche ecrasant de la part du Dr. Nelson, que de lui ecrire une Bcmblable demande apres avoir agi laclicmtnt. lo fait Beul qu'il I'a ecrite, s'il est vrai, prouve qu'il agissait de concert avec le Dr. Nelson. " Si M. Pajiueau merite aujourd'hui les reproches que lui a faltri M. le Dr. Nelson, il les meritait egaU-nient il y a noi;f sms, il y a ouze ans : il semble mcme que c'etait au moment oii M. Papineau I'abandonnait c[ue M. le Dr. Nelson devait le plus ressentir une pareille condmle ; mais non : il dit a tout le moude avant la bataille et apres, c^u'il a fait partir M. Papiueau; il le dit meme a ceux qu'il ne dcvait pas tromper, comme iil Bonaventuie Vigor, qui, par la position preeminente qu'il s'etait faite a cette epoque, avait le droit de savoir exactement la verite ; il soutient la memo chose partout, dans son voyage aux Bermudes, comme apres son retour aux Etata-Unis ; proclame en pleinc assemblee, a Corbeau, rinnoccTice de M. Papineau, quand le Dr. Cote I'attaquait ; (ot je suppose qu'alors comme aujourd'hui, il pretcndait parler en homme d'honneur ; neanmoins, s'il ne ment pas ici, il mentait la ;) se broiiille avec son propre frere, principalement poui' defeudre M. Papineau, fournit aux redacteurs de la Revue dtmocratique mille details sur M. Papineau, et ne fait d*^ lui que lea plus grands elogea ; enfin vit avec M. !^apineau, pendant quatre mois, aprt^s son retour des Ber- mudes, dans la plus parfaito intimite, et ne fait pas I'ombre d'un reproche, d'une plaiute, d'une remarque sur son depart de St. Denis ; et puis tout a coup, sans que M. Papineau I'ait jamais atta- que, onze ans apr^s les evenem.ents, il fait le reve que M, Papineau s'est sauve, vient proclamer a tout Ic pays que ce qu'il a declare etre faux est vrai, que ce qu'il a affirme etre vrai est faux, et no Tougit paa de proferer les memes calomnics, de soutenir les memes mensonges que ceux qu'il a reproches au Dr. Cote, et qui ont valu a ce dernier, de sa part, le reproche d'etre un homme meprisable. Si c'est la ce qu'il anpelle de I'honneur, de I'habilete, c'est bien le cas de dire : oh ! mon Dieu, d^liviez-nous du mal .... et de rhomme. i3fi ui Lis ur.i'h-, him by Doctor Ison uuc luliuid- oujours ignore, yaciiithc, a])ier* qu'il n'iiit i'ioi> ivoye uu emis 1-VOU8 ? " Or, si ntion fnite avec 7ic, est-il pobsi- ion; demauder, celui qui auriiit ist pas dans la plus otre con&i- iuon^ait a touts rait (''tC' s'expu- ;ou, que do iui hcmcnt. Ic fait salt de coucoi't ? que Iui a fultt? icuf ans, il y a )u M. Papineau s I'essentir une oude avant la le dit meme a venture Vigor, cctte epoque, ;ient la memo ime aprea son ee, a Corbeau, aquait ; (ot je ■lei' en homnio a ;) ee brouille M. Papineau, lie details Bur )ge8 ; enfiu vit stour des Ber- I'ombre d'uu opart de St. t jamais atta- e il. Papineau u'il a declare it faux, et ne lir les memes qui out valu a leprisable. Si st bien le cas de rhomine. 535 " I\i:i!3, dit \c. Di'. 2CL'l.-'.>n, j'ai la.lio do mcttre M. Pttpiiieau K cou- C'li;:p v,.;'t ; y.d vt;;:lu le traitor aveu indiilgvuce eu no dcvoilimt i)as sa jvxxi> couduite. — Si c'Olaiont la yoa motifs, M. lo Dr. Nelson, you.-; u'au- --.--,--» ^iez pas du traitor si dumnont lo Dr. Cute, qui, si vous di(o verito nujourd'liui, la disait egideuKUt a Corbeau. S'il di.-;.".i verite, il etait tout nu plus indiserot, nullomont m^pvisnblc : il mt'rit;ut pna il'auiifii s^voros reprociics ; s'il disait faux, c"cst v qui les merited uujourd'iiui." s la it la ne Doctor Xelson, it would appear by the above, vindicated, down to a certain epoch, Mr. Papiueau agaiuHit the foul imputation of having deserted him at St. Denis, alleging, in his defence, that be (Doctor Nelson) hud insisted ihat Mr. Papineiiu should not tidic part in the contest that wns ab-nit to take place with the Queen's tro(;]is but absent himself; and that he accordingly did i?o at hi-^, the ]"■ jtor's, special desire. Mr Papinciu's reap]iear;iuco in pub- lic life, whieh Doctor Kelson thou.'fht might be prejudici 1 to his nev? jxitron, j\lr. Lufontsiiue, induced him, however, to give a very dif- ferent version of the matter. It is the general opinion, I believe, that he would have evinced a wiser and mor(! manly, as well as more coutistent course, by obsei'vlng .^ilence on this head. His su1)se- fjuent acceptance of ofHec, it is also to be observed, at the hands of 2'Ir. Lafontaine — an olHce created, iis come have thought, with an eye to rew;irdhim for the antagonism to his foimer leader, Mr. Papmoau — hap, hovv-ever worthily he fills di'. oP'co, and all admit that he worthily docs so, finally divested tii-' -''.eal, with which he signalized the onshiuglit upon his old chief, a»i,ogether of the pres- tige of diriinteresteLlness and patriotism that scemoil, at iirst, to surround it, and subj<.eted the Doctor to th(»uspicion of venial motives in the tergiversation alluded to, if such really thei-c were. For my part, v.'ith equal good will and jicrsonal regard for both, I cannot decide between them — " Xou nostrum inter vos tantas cumponero lites." Quebec, January, 1853. R. C. MR. PAPINEAU. {I2/'fcrrinff to page 466.) It was, perliaps, this sort of adulation, or at least undue homage to the talents, most certainly of a high order, of Mr. Papineau iu the meridian of his career, that may have inspired him with an over confidence in his moral power and resources, and proved the ruin of himself and the cause he had embraced, viz., the ^'natio- nalite" of his compatriots of French origin, and independence of hia native coimtry, in unison with their desires. This, there is reason to believe, he expected (very absurdly, I must say,) to achieve by moral means and the force of public opinion only, without coming '*--**'iali|A4iiiit, 63G >j f! ■ 1; S urn ''(■: I \ 3 Chill). ^** '>1*->'»V8, or (.tlioi" more sturdy aiijjlianco8 than a demouslinti'on XXXIX "^ t^'^ ^'^^^ nmubci ,s tlovoted to the cause, mid their deterniinatiou «..*^,_i,^ to I'cndor all attempts to f blood — no more humane man ever lived. He, I am well assured, did not anticipate such a collision as that which occurred, but. having aidoil more than any other man to set the revolutionary machinery at work, like mo«t of those wh.o liavc tried such experi- ments, he wa« unable to control, and became a victim of it. In the same ratio in which, down to this time, ho had been extolled, I may without iinproprit'ty here observe, ho was afterwards, when fortune had forsaken him, and in the afternoon of a life devoted to his coiuitry, censured with a bitterness unexampled and beyond all reasonable bounds, even by those same partizaus who formerly lauded him to the skies as something more tlian human. In the height of his popularity, when all was promising, and even the British Govormneut seemed willing to yieM to liim, he was all that was noble, good r.nd great — "stam]ie(^ by God to be a political chief, the regenerator of a n:ition — eiulowed Avith a force of mind not to be surpassed, a hatred of oppression, and a love of his country that neither pi'omises nor tlircats could shake." The idolized pa- triot, however, livc(i to learn, at a cost that well might have been spared him, the em^^Jness of the praises heaped upon him by those who professed to see in him the future patriarch of their country- Mr. Papineau is the man who, above all others, has been bl'tmed for leading his compatriots of French origin into the rebellion, and many of them even have not scrupled, after participating in his purposes, nay, stimulating him to them, as if he were too dilator v m the pursuit, to cast upon hi77i exclusively the whole responsi- bility and odium of those untoward events which characterize it. Nothing can be move absurd. Were it even so, and that tlie rebellion had proved a revolution, the fact would have made him greater even than a Washington, and Mr. Papineau certainly would have been lionoured infinitely beyond his deserts in being deemed the exclu- sive author of it. He unquestionably did, as the lerding mind of bis country, greatly contribute to fan the flame that no>' threatened to dissolve the connexion between the Canadas and Great Britain. But his feelings and opinions were also those of the French Canadian Eopulation universally, or nearly so, and by no means exclusively of is production. They were, for the most part, the result of long and inveterate abuses and mis-government, as he who has attentively perused the preceding part of this work may have perceived, and oi the false and wavering policy of the home government, which had 537 (lemon3tr}ili..n dcterininatiou iplcs than sucli imprnctieiible. I too much on ;)untcd accord - nguinury revo- g the (losircd '. is known and temporaries of osition, or man II well assured, occurred, but. revolutionary id such expori- [•tim of it. In been extolled, orwai'ds, when life devoted to ind beyond all who f(n'merly Liman. In the and even the he was all that be a political force of nnud of his country s idolized pn- ght have been L him by those their countvy- s been bbr.ned rebellion, and ipating in his e too dilator V lolc responei- laracterize it, the rebellion 1 greater even lid have been ed the exclu- ding mind of » * threatened reat Britain, inch Canadian exclusively of lit of long and 8 attentively jrceived, and at, which had neither the wisdom to yield to the repeated demands of the repre- Ghap , scntativea of the Canadian people, nor the energy to maintain xxxix its own policy, as expressed in various despatches to different v— -r-"^ Governors. The spirit engendered by these had been rapidly 1837. growing for the last thirty years, alimented, no doubt, bv the feel- ing of " nationalite," until it overspread the land, producing tho not unnatural desire for self-government on republican principles, in imitation of our successful and powerful n€ighl.v)urs, who, since the achievement of their independence, hare thriven, under demo- cratic institutions, beyond example in the history of nations. Mr. Papineau, it is doing him no wrong to say, has always been tho open and avowed advocate of republican institutions; and what- ever may be- thought, now or hereafter, of his predilections on this head, and wiiether beneficial 9r the reverse to his compatriots of French origin, all acknowledge the consistency, the sincerity, and the honesty with which, through every phase of his political life', he has maintained and still adheres to them. As to the responsibility of the rebellion of 183*7, which it has been endeavoured to fix exclusively upon Mr. Papineau, nothing i* more true, according to my own observation of bygone events, than what he has observed of himself on this head, in an address which he issued in 1847, in answer to an invitatioa from the elec- tors of Huntingdon and St. Maurice, both these eotmties having requested him to come forward as a candidate to represent them in Parliament. "Of," says he, "all those whom the passions of our adversaries have assailed, no one has had a larger portion of their wrath than has fallen to my share. I was, however, nei- tlier more nor less guilty, nor more nor less deserving, than a great number of my colleagues ; but being by their benevolence placed during a long period in a position the most honorable in my country, the Speakership, conferred upo: ne by vote of the repre- sentatives of the people, I was thereby, more than others, exposed to tho observation of friends, as well as to the animadversions of political enemies ; — of personal enemies, I have not, I believe, had many, for I have never knowingly injured, or given offence to any one as an individual." Personally acquainted, indeed intimately so, with Mr. Papineau^ from boyhood (from 1807, if not before) ; closely observing his career through all its stages ; obligated oven to him, when in power, for acts of kindness and personal regard on more than one occasion^ though on others, when political animosities ran high, made to smart under his displeasure, yet never ceasing, whatever were my opinion of the politics he cultivated, to respect the man, and to honor his consistency, his unyielding integrity, and his talents as a statesman and orator, I conscientiously can say, that he always seemed to ine rather to move with the masses than to lead them. His extensive knowledge, particularly in constitutional lore and in history, and his commanding eloquence, no doubt had great weight with them; but to impute to him exclusively the entire responsi- bility and demerit, or merit, as the cas ^ may be, of the troubles 538 C!mp. in C:ui;ijA, nnd fuiivlly tlie insurrections of ISHT riiid 1838, is merely xxxix jibaurd, u:.d urj^ucs cither ft foregone conclusion in tliose v>ho 11 •— r-^-niako the assertion, or eiiif^ulnr inattention to whjit for tlio 1837. last thirty years had been passing in Lower Cauadn. The respon- sibility of these rcbt'llions •will fall more upon the Colonial Minis- ters, wlio, during that period, rtigned in Downing street, than upon the Canadian patiiot and his compeers. Pioniincut by his position at the liead of the Commons, nnd still moi-e so by his talents, it i.-* not surprising that he should hare been looked up to by the great muss of his fellow-countrymen, and, as their political idol, bocomo involved in their cause, an*! finally crushed in it. But it is well knoAvn that he by no means souglit a ei-Isis of the kind that unhap- pily took place, though all reflecting men foresaw that such must be the result, soon or late, of the policy he was pursuing for years before the outbrealc. The only wonder is, that it was so long ia coming. Many, if not most, of those in whom, as coadjutors, ho confided, were unruly, and not only impatient of his control, but urged him, it has been supposed, into measures that he did not he;irtily approve. Not sufficiently self-reliant for a leader of nuisses about to ti'y their strength against an established and powerful government, he probably surrendered his judgment to those who had little or none of their own, or the crisis might have taken a very difloreut turn, and with far more serious results. Be this as it may, posterity will, and with reason, rank him among the eminent men of the age on this continent, and, notwithstanding the vehemence with which in their passions many of all parties in turn, even his own warmest disciples, have ccusurca, nay reprobated him in his day, his memory w'ill be respected as that of a patriot. He is at heart a republican, decidedly ; and, however'impolitio and unwise the frank and frequent public expression of his convic- tions in this respect may be, or have been, and which I sincerely could wish •were otherwise, th«y are entitled to respect as being imdisguised, fearlessly avowed, and conscientious. JSot to be, how- ever, deemed an absolute panegyrist of Mr. Papiueau, I freely admit that iherc has been much m his political career to disapprove, regret and condemn ; but most men already willingly own, and none more readily than do the British Canadians, formerly so hostile to him, that his policy has eventuated in essential gootl to the country, and that on the w-hole it was, after all, far better than that of the exotic Bureaucracy, or cl'xjuc of placeholders, having little or no stake in tho country but thair offices, and the emoluments derived therefrom, for which in return they nus-governed the country, and on whom it now looks back with scorn, who then monopolized the patronage and powers of government lliat he, from the outset, sturdily op- posed, and which finally was overthrown chiefly through his exer- tions. It was, iu fact, the incessant parliamentary war waged by Mr. Papinoau in the interests of the public against the Bureaucracy in crossing their views of self-aggrandizement, that gave him the 1)30 1838, is merely in llioric Avho whiit for tho 1. Tho rosnon- Jdlonial Minia- I'cct, tbau upon ; ])y his position lis tah'Uts, it i.-* to by the great jil iuol, hoctuno But it ia well ;nd that uuhap- thiit such nuist buiiifjf for years was 8o h>ng iu coadjuturB, he lis C'Uitrol, but hat ho did not jr ft loader of Dstablishcd and his judgment , or the crisis ar more serious th reason, rank continent, and, r passions many , have censured, bo respected as «rever"impolitio n of his convic- lieli I sincerely spect as being jS ot to be, how- I freely admit iipprove, regret and none more hostile to hin^, le country, and lat of the exotic no stake in tho •ed therefrom, and on whmii the patronage , sturdily op- ough his exer- raged by Mr. Jureaucracy in Israve him the r^'putatifiuof an impraeticublc man — an obstruotis'o — cxcollitig only Chnjv in opposition and tlio work of demolition, but utleriv- iueaj'uLlo of xxxix constiuoting or building up instittitions for the jje'-. uiont advaii- ^-'^^''^^ lagc of his country. This, indeed, j)rovc3 Ids poUc ,, but nu lack 1837. of talents on the score alluded to. It t^hotdd be 'n.rne in mind, that Mr. I'apineau's predilections are avoAvedly u.iiocratic and republican, and his aspirations for the in(loj)endence of Canada, — sentiments in -which certainly thoi e is nothing minatural nor igno- ble, to v.'hatovcr other objections thoy may be open, — and therefore that ho is by policy, and on principle, an obstructive to all mea- sures of a nature to give jwrmnnency to the colonial state, ns one which he, at least, deems of minority and of bondage to his native Country, and, as such, must desire rather to abiidge than perpetuate or prolong. What his abilities to legislate anil build up for an independency, had the rebellions resulted in such, might have jirovcd, must remain a pro .tr }hit those who have bcon the best ncmuiintcd with Mr. P. w^U ^ t, I opine, be tho maat likly to und«rvrdue his talents, o thi* \iin deficient even on this head. In fine, they who ha .e nly known Mr. Papineau through his Eolitics and the asper? ... o. public life, in which, perhaps, ho has een more inflexible +l.a'. va*^ consistent with skilful statesman- Rhip, can have no just *dea of the many excellent, moral, social and domestic qualities fi vV.oh in private life he is distinguished. Uniting the erudition of the man of letters with the urbanity of a gentleman ; possessing also the highest of conversational powers, and in an eminent degree frank, communicative and convivial, ho is, out of politics, all that can be desired, and, in the domestic circle unrivsilled for the amenity and kindness of his manners and disposi- tion. Like most men of strong mind and decided character, his resentments are indeed deep and lasting, but, as a set-off to these, Bixch also are his friendships. No more sincere friend can bo than Mr. Papineau. In every domestic and social relation, whether as husband, father, citizen, neighbour, companion or friend, all who intimately know, must acknowledge him to be not merely miex" ccptionable, but exemplaiy. Of his power and prowess in debate nothing need here be said. Few have ventured to enter the lists and cope with him who have not been floored in the contest. Expres8>- iug himself with equal ease, elegance and energy, iu the English as in the French language, his eloquence is at once felt to be of a superior order, grave, dignified and senatorial. He has been, as eminent men ever are, variously represented, according to the prejudices or prepossessions of those w^ho have written of him, — l)y some as faithless, and little better than a Demon ; by others as apolitical redeemer; and, indeed, by the same individuals very difl'erently at different periods, and under different circumstances. But whatever be his merit or demerit as a politician and states- man, a matter which those who follow us will more correctly de- cide than we, his cotemporarics can, I have endeavoured — as one of them, unbiassed by any other motive of which I am conscious, than a desire to do common justice to a master-mind and iude- Chap. XXXIX 1837. 640 Chap, pendent man, to say tho least of him, who, in his own country XXXIX certainly has Ijcen the moat eminent of his time — to delineate witu v».~y.>«^ an impartial hand his many private virtues and character, as I 1837. have known them to be, that posterity, after the cloud of prejudice which, from the imtoward course of his political career, still over- shadows his name, shall have disap^'teared with himself, may un- derstand and appreciate his worth as a man, if it caanot applaud him as a successful politician. Mr. Papincau's political life may be de«med at an end, or I should not have said so much of him ; but I hope the term of his natural life may still be distant. Bom in 1786, he is now in his 67th year, and, though, naturally something the Worse of the wear and tear of time and of poUtics combined, still in the full pos- Bossion of his intellectual faculties, and with his family living in retirement on the seigniory of La Petite Nation, County of Ottawa, onjoying the general good will and esteem of his neighbours and ^lequaintanoo. R a t iH» Olf rOURTSa VdLt>*B* 4 0, In bis own country ime — to delineate witu cs and character, ae I r the cloud of prejudice iticol career, still over- 1