IMAGE EVALUATION TEST TARGET (MVJ) 1.0 ^ I.I 1.25 tii m ■ 4 2.5 1^ 2.0 1.8 U ill 1.6 V] <^ /2 % % >? A y Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4S03 CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'institut a microfilmd le meilleur exemplaire qu'il lui a 4t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui pf.uvent exiger une modification dans la m6thode normale de filmage sont indiquds ci-dessous. D D D D □ n Coloured covers/ Couverture de couleur Covers damaged/ Couverture endommagde Covers restored and/or laminated/ Couverture restaurde et/ou pellicul6e Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cartes g^ographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Reli§ avec d'autres documents D D D 13 D D D D Coloured pages/ Pages de couleur Pages damaged/ Pages endommagdes Pages restored and/or laminated/ Pages restaur6es et/ou pelliculdes Pages discoloured, stained or foxed/ Pages ddcolor^es, tachetdes ou piqu^es Pages detached/ Pages d^tach^es Showthrough/ Transparence Quality of print varies/ Quality indgale de I'impression Includes supplementary material/ Comprend du materiel supplementaire :l D Tight binding may cause shadows or distortion along interior margin/ La reliure serree peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added durinn restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouties lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 film6es. D D Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been rsfilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t6 film^es d nouveau de facon d obtenir la meilleure image possible. D Additional comments:/ Commentaires suppl6mentaires: This item is filmed at the reduction ratio checked below/ Ce document est U\m6 au taux de reduction indiqud ci-dessous. 10X 14X 18X 22X y 12X 16X 20X 26X 30X 24X 28X 32X Fl The copy filmed here has been reproduced thanks to the generosity of: Library of the Public Archives of Cansda The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illuftrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page wfth a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol -^(meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: 1 2 3 L'exemplaire filmd fut reproduit grdce d la g6n6rosit6 de: La bibliothdque des Archives publiques du Canada Les images suivantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de l'exemplaire film6, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprimde sont iilmiis en commengant par le premier plat et en terminant so>t par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autres exemplaires originaux sont fiim6s en commenpant par la premidre page qui comporte una empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte i.'ne telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole •—^' signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmds i des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il est filmd d partir de Tangle supdriaur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 4 5 6 CANADA PUBLIC ARCHIVES ARCHIVES PUBLIQUES i LIFE AND LETTERS OF THE LATE HON. RICHARD CARTWRIGHT, MEMBER OF LEGISLATIVE COUNCIL IN THE FIRST PARLIAMENT OF UPPER CANADA. EDITED BY REV. C. E. CARTWRIGHT. BORN 1759, DIED 1815. "A man with head, heart, hand Like one of the uimple gveat one's gone, Forever and ever bj*. Whatever they call him what care I, Aristocrat, Autocrat, Democrat, one Who can rule, and dare not lie." Tbnnybon. ^ si P ^ cy ^ TORONTO, CANADA: SYDNEY, N.S.W.: BEL,F:QRD BROTHERSi MDOCCLJCXVl. 1 • • •..::: ;? J • I • • • • • * » » t 1 9 a ••• ••' ••• * PRINTHD AND BOUND BY UUNTIR, ROSE AND CO., TORONTO. • • i • * A • ..: •.: •..• : 3^307 I • ifi ''^^i >;(» f(li 1 1< . |i CONTENTS. Preface. Life of Hon. R. Cartwright, by Rev. J. Strachan-1759 to 1815. Chapter I— Indian Campaign— 1778 to 1780. Chapter II.— Letters on Politics— 1792 to 1794. Chapter III.— Speech on Judicature Bill— 1794. Chapter IV.— Letters on Trade— 1797 to 1806. Chapter V.— Letters on Land— 1795 '>o 1800. Chapter VI.— Letter on Population— 1799. Chapter VIL— Letters on Duties— 1795 to 1801. Chapter VIIL— Proceedings of Parliament— 1801 to 1809. Chapter IX.—MisceUaneous- 1808. pre ha^ ^f com the )lana(] For iges iclud< Irar, ti icture irliesi Ast reach( iper. KlN( PREFACE. presenting the following letters and papers to the public, have been influenced by the idea that they might prove 'considerable value to any one who was desirous of presenting the world a true picture of the political or social history of [Janada. For the nature and variety of the subjects treated of in these ages the reader is referred to the table of contents, which iclude a good deal of information not easily obtainable, on K trade, revenue, politics, &c., supplying a tolerably vivid pure of the early days of Ontario, in the words of one of the Miest settlers and most intelligent men of the time. I A short sketch of his life, taken from the funeral sermon Reached by the late Bishop of Toronto, is added to the Iper. I Kingston, July, 1876. C. E. C. f p ' i! XieHer to Custc the S Comr Politi pilati cates Proce -sed remedy — Improper Emigration.. Pago '.' H CHAPTER VIL Keport of Commissioners — Duties on Wines — Proportion settled on basi- population — Letter to Hon. J. Lees — Duties on American goods ii possible- -Letter to Mr. McGill — Deprecates Protection Page 1 CHAPTER VIII. Session of 1801 — Election of Speaker — Disputed election — Appropriaiioa-- Bounty on Hemi:) — Letter to Rev. J. Strachan — Grant for Roadr Grant for purchase of Hemp — Act against Aliens — Act against enticL soldiers to desert- Letter to Chief Justice Alcock — Conduct of .U' Thorpe— Duty on Tea — On Hawkers — Establishment of Distn: Schools — Letter supposed to be written by Lt. -Governor — Mr. Thorji sent to Sierra Leone — Character of Attorney General Page L CHAPTER IX. Incorporation of Kingston — Letter to His Excellency F. Gore — Objects fee for Militia Commissions — Letter to Mayor McKenzie — Amerii; troops on the frontier— Ship of War building at Oswego — U. S. Na\ Officers in Kingston Harbor Page ! i^B pani 'Tlii-s Mrl of Flour — Exjiort bo Mon -Li»t o» L,acbine— l..Pa«e 7:i ,rd— Delay] to JameH/ Quarrel < . ..Fage^ led troovrt by Geiur. ion..Fage'.' d on ba«i^ an gooi:f of Distn'l, -Mr. Thonf ..FageW fe— Objects -^ ne-AmencJ' f-U. S. Nav ...Fag«* LIFE OF N. RICHARD CARTWRIGHT. ABRIDGED FROM FUNERAL SERMON BY REV. JOHN STRACHAN. BORN AT ALBANY — EDUCATIOX — STUDIES FORJHE CHURCH — REVOLU- nois — JOINS gUEEN's RANGERS — SERV£« TWO CAMPAIGNS — PART- NEUShlP WITH MR. HAMILTON* — HIS BUSINESS PRINCIPLES — MADE JUDGE OP COMMON PLEAS— MEMBER OF LEGISLATIVE COUNCIL — DECLINES SEAT IN EXECUTIVE COUNCIL — HIS PATRIOTISM IN WAR OF 1812 — LOSS OF HIS CHILLREN — HIS DEATH. tCHARD Cartwright was born at Albany, in the State of [ew York, tlien a British colony, on the 2nd of February, r59. His father, an emigrant from England, was highly re- )ectable, of great hospitality, and possessed of the most agree- )le convivial talents. His mother, born of a loyal Dutch lily, was remarkable for her strength of mind, excellent Igraent, and tenacity of memory — gifts which descended Ith increased vigour to her aflfectionate son. His education oianinenced at a private school, and much pains were taken by parents to gratify that strong desire of information which ♦Tliis Mr. Hamilton was the father of the Hon. John Hainiltau, of Kinjfston, Senator. 10 LIFE OF HON. RICHARD CARTWRIGHT. i he exhibited from his earliest infancy. He was permitted to peruse every book which came in hio way, nor was such pro- miscuous reading found injurious to his taste, nor inimical to his progress in useful learning ; for the accuracy of his judg- ment soontau( 'it him to distinguish the useful from the trifling. So retentive was his memory, that he seldom forgot anything thct he read ; when, therefore, he removed to another school, where the clabsics and higher branches of education were taught, his industry and abilities secured to him the affection of his teacher, who saw with admiration and delight his rapid progress in Latin and Greek. Indeed his retention of memory gave him a facility in acquiring languages which has been sel- dom equalled. To these attainments he fc.dded, by private study, an inti- mate acquaintance with almost all the classical works in the English tongue. Arrived at an age when ho v.az to look for- ward to his exertions for an honourable support, he began to consider of a profession. The extent of his knowledge, and the pleasures which he had reaped from the cultivation of his mind, had given him, as frequently happens, a distaste for mer- cantile pursuits. The law was not congenial to his mind ; in that lucrative profession there are many transactions which open rather a sombre view of human nature. The various apparatus ne- cessary to secure property and reputation, rights public and private, become a severe satire on mankind ; and as he knew that much talent is employed in delaying justice and defending wrong, he could not reconcile his mind to such exertions. This did not prevent him from admiring many in this profession, nor blind him to the great gooa which a lawyer of superior talents and inflexible integrity might effect in preventing wrongs and LIFE OF HON. RICHARD CARTWRIGHT. 11 terminating contentions, directing the doubtful and instructing the ignorant. Possessing those qualities in a most eminent de- gree which constitute a great character and a virtuous man, he had no ambition to figure in public life, and after mature deli- beration he turned his views to the Church. Perhaps a mis- fortune which had befallen him early in life assisted in leading him to this determination. A boy, in playing, struck liim with a stone in his left eye, which deprived him almost entirely of its use, and turned the ball outwards, by which his counte- nance, otherwise remarkably fine, was somewhat deformed. Of a parish priest, such as his imagination presented, he spoke always with enthusiasm. He considered him a person appointed to preserve among his people the spirit of vital re- ligion, to be their moral guardian, to keep them in unity and in the constant practice of mutual love and good offices one towards another. The clergyman should be a pattern of mode- ration, temperance and contentment to all his parishioners; by this he will extend his influence among them, increase their feli- city, and prt'pare them, by aliving example, for securing that bless- ed immortality which the Gospel announces. Not that he was ignorant of the difficulties which a clergyman has to surmount in this country, from the laxity of religious principles, from the want of early impressions, and the general indifference to and total neglect of Gospel (jnlinances. But those difficulties, he was accustomed to say, would rather stimulat i than impede the conscientious priest, who would find infinite d ilight in forming a congregation where there had been none before; changitM' darkness into light ; promoting industry, sobrioty and humanity among his people, and proving to them that even in this life the sincere Christian enjoys infinitely more happiness than any other man, and this in a great measure independent of transient p 12 LIFE OF HON. RICHARD CARTWRIGHT. things. Other stations might, he said, possess greater pomp and show, but he knew no social condition which united so many sources of the highest enjoyment — so many objects for gratifying those passions which lead to self-satisfaction. Animated by these sentiments, he turned his vigorous mind to a full preparation for discharging with ability and success the duties of a parish priest. He read the works of the most eminent divines ; he applied him- self to the study of Hebrew ; he could not bear the idea of mediocrity, and being able to read with care the New Testa- ment in the original Greek, he was desirous of reading the Old Testament as it had been revealed. He was proceeding with his accustomed rapidity, and had even ventured upon biblical criticism, when the American Rebellion broke out, and changed the objects of his life. In love with retirement, and turnin*^ his whole attention towards a station which made peace and harmony the foundation of its exertions, he had never taken any interest in the various disputes which divided Great Britain and her colonies. But the time was now come when neutrality could no longer be maintained, and when it became necessary for him to take a side. Brought up in habitual rever- ence to the King and Parliament by his loyal parents, he did not hesitate a moment in making his choice. Well acquainted with the history of his country, he knew that Great Britain had been involved in two long and expensive wars to defend the colonies, and that they had contributed little or none of the expense : he thought it but reasonable that they should give something towards remunerating the parent State for the vast burdens she had incurred. It is not prcbable that his early age enabled him to ascertain the degree of authority which might be rightfully exercised by the mother country over her co- lonies. It had always been asserted that Parliament possessed LIFE OF HON. RICHARD CARTWRIGHT. 13 the power of binding them in all cases ; this was the opinion of the best informed ; it was recognised in many States, and admitted by the Legislatures of all the colonies, nor was it ever controverted by argument till the colonists had been taught, by the opposition in the British Parliament, the subtle distinc- tion between acts for the regulation of commerce, and those which regulate their interior arrangements. The first opposi- tion to the mother country originated from that republican disposition of the New England people which always submitted with reluctance to the constitutional authority of a government in which monarchy made a considerable part. Ever discon- tented and jealous of usurpation, they were continually at variance with their governors, and claiming exemptions and privileges which could not be granted. But, active in diffusing their sentiments through the other colonies, the spirit of dissatis- faction became at length so general as to enable them to break out in open rebellion. The various artifices made use of to de- ceive the people, the false news invented, the cruelties exercised on those attached to the King, did not escape the notice of our excellent friend, who was disgusted with their proceedings, and more zealous in defending the side which he had chosen. He was convinced that the rebellion originated from a restless democratic spirit, and that it gained ground only by the im- becility of the measures taken to crush it, the assistance of the Opposition in Parliament, and the treacherous conduct of the commanders employed by sea and land. Displeased with the selfish views of the disaffected, feeling no oppression from Parliament, nor greater restrictions than appeared necessary for the unity of all parts of the empire, and convinced that if any grievance existed rebellion was not the proper remedy, he maintained his loyalty. He had no interests to serve ; he 14 LIFE OF HON. RICHARD CARTWRIGHT. sought not for power or emolument from commotions and bloodshed ; yet he was the steady friend of rational freedom, and as ready as any man to stand up in its defence. Actuated by these principles he accompanied his parents into Canada, and for a time attended Colonel Butler, of the Queen's Rangers, as his Secretary. In this station he had several opportunities, during two campaigns, of giving specimens of the penetration and courage which were such prominent parts of his character. After the conclusion of the war, which, by giving success to the rebels, has produced so many miseries to mankind, there appeared no prospect for him in the church ; he was therefore obliged to relinquish his favourite pursuits and to engage in a profession by no means congenial to his mind. At the solici- tation of a near and worthy relation, he formed a connection with the Honourable Robert Hamilton, a gentleman of such varied information, engaging manners, and princely hospita- lity, as to be justly esteemed an honour to the Province. His memory is gratefully remembered by thousands whom his magnanimous liberality rescued from famine. The connection subsisted with great satisfaction to both parties for several years, when, on account of the extent of their business, a separation took place by mutual consent, Mr. Hamilton going . to Niagara, and Mr. Cartwright remaining at Kingston ; but their mutual regard and friendship was only dissolved by death. Although Mr. Cartwright had found it necessary to relinquish his views of becoming a minister of the Gospel, yet he indulged always in a serious turn of mind and a strong predilection for the sacred character. Often has my venerable friend, who was accustomed to address you from this sacred place, with much profit to your souls, lamented that circumstances had prevented a person of such eminent abilities from entering the Church, of LIFE OF HON. RICHARD CARTWRIGHT. 15 which he must have become its chief ornament. The excellence of his disposition, his discrimination of character, his acquain- tance with the human heart, would have made him singularly useful. That elevation of mind which accompanies high prin- ciple and extensive knowledge, while it presided over his mer- cantile pursuits, prevented him from strictly attending to petty gains, or from being tenacious of always obtaining what may be deemed, in common language) his just rights. He knew that justice, unless mixed with benevolence, may frequently become cruelty ; and therefore he was lenient to his debtors, and notwithstanding his extensive concerns, seldom had re- course to law. Riches are not everything ; they may be too dearly bought ; and I may ventur3 to say that never was he the cause of misery to any family. But, though this inflexible integrity and honourable dealing, which produced the same uniform conduct with young and old, ignorant and knowing, and which was more ready to recede than to be severe, had made him less wealthy than he would have otherwise been, he was possessed of all he desired — a liberal competence ; and by his honourable conduct he gave a complete example of those liberal views and magnificent principles which have raised the character of the British merchant so high in the eyes of the world. Soon after his settlement in Kingston he was appoint- ed Judge of the Common Pleas, the duties of which he dis- charged, without any emolument, in a way most honourable to himself and beneficial to the public. His patient attention to the causes before him, his inflexible impartiality, his singular penetration, and the strength of his judgment, added to the energetic firmness of his character, enabled him to perform, in a most correct manner, the duties of this important ofiice. One of his brethren in another district used to say, with much :l 10 LIFK OF HON. RICHARD CARTWRTGHT. r naivete, that ** Mr. Cartwright was worth them all ; while we were poring and studying, he sees a thing almost intuitively, overawing us by his very manner, giving dignity to the < ourt, and inspiring a respect for its decisions." On the bench l^e had no prejudice or predilection of any kind ; accordingly, he was most attentive, mild and discriminating, for he aspired to no praise but that which might be given to the conscientious dis- charge of his duty. In performing the more humble, but va- rious and useful duties of a magistrate, you are all witnesses of his eminence. His addresses to the grand juries at the Quarter Sessions will be long remembered for their sound principles, liberal views, and tempered dignity. In exerting himself to keep the peace, in apprehending and committing felons, and per- forming all the troublesome duties of this office, he was indefa- tigable. He did not drive away the injured who came to com- plain of the oppress or, nor did he attend to his private affiiirs in preference to theirs. Very few un ^erstand the duties of a magistrate ; they are so numerous, and embrace so great a va- riety of objects, that the country is under great obligations to any worthy man who shall prepare himself for this office, and discharge its duties without any sinister motives of his own. No sooner were the provinces divided than he was appointed a member of the Legislative Council ; and I believe was never, during the remainder of his life, absent from a single session of Parliament except one. In a pecuniary point of view this attendance, every season for twenty-three years, was accom- panied with great expense, besides the loss of time in conduct- ing his private business. Nor was it merely while at the seat of government that he was occupied in legislation ; many an hour did he spend in collecting and preparing materials for use- ful laws, in order to render the Province prosperous and happy. LIFE OF HON. RICHARD CARTWRIGHT. 17 He was not one of those intuitive legislators who cUn sit down of a morning and write a law upon any whim that strikes their fancy ; such crude excrescences could only raise his contempt and indigr; ktion. He deliberated coolly ; he collected informa- tion with care ; he weighed the words and sentences with the most scrupulous anxiety, that the meaning might be plain and simple, and that each clause should express that meaning per- spicuously, and no other. Nor was he one of those narrow- minded though well-intentioned statesmen who look for an immediate effect from their legislative labours ; he knew that, from the nature of mankind, many evils, after the law had afforded a remedy, disappeared slowly ; that there were many enactments of the most useful kind which seemed to take no effect, but which proceeded in silence, with slow but steady pace, to produce the most beneficiai results. Possessing great comprehension of thought, and the most vigorous talents, attended with a patience of research and a self-control highly advantageous, he was frequently content to give way to the less extended views oi his colleagues, and to accept of an imperfect measure rather than lose it altogether. You can never, he would say, bring all into the same way of thinking ; some measures of great and lasting advantage to a State are slow in their operation, and appear to produce, for a season, no- beneficial effect, which are yet in the end pregnant with the most precious advantages. But you cannot expect in a public assembly always to transfuse your own views and sentiments into the minds of others. Some are too ignorant to comprehend the force of your arguments ; some too lazy to attend to them ; many are blinded by prejudices, and some have already adopted the contrary side, which they are deter- mined, at all hazards, to maintain. If, therefore, you remain 18 LIFE OF HON. RICHAIID CARTWRTOHT. inflexible, even in the attainment of good, nothing will be accomplished ; you must concede, and leave a good measure to make its own way after it has began to operate. Nor is it just that you should carryall your plans, however disinterested your intentions. Others may be equally so, though differing in opinion, and it is right that they should sometimes decide agjiinst you, even though wrong, that they may know from exjDerience that they are in possession of liberty. To tho.se who complained of the little interest many took in preparing for their legislative duties, and their narrow views in turning everything to their own county, or their own village, he used to say, that the great imperfection of national as well as do- mestic government arose from the little virtue and soundness of principle, not only in making laws, but in putting them in execution ; that, instead of finding fault, it would be much better to act, and to remember that the wisest laws are of no use unless executed by virtue. Almost every statute that goes into general operation must be delegated to many different persons, judges, juries, constables, &c., who, if not governed by conscience, will abuse their discretionary power. Make a nation virtuous, and the laws will be wise and their execution sure. He looked for more good from a rational plan of edu- cation, disseminating moral and religious principles among the people, than from legislative enactments. He had been fre- quently offered a seat in the Executive Council, which he declined, not only from a conscientious feeling that he could not discharge its duties strictly, living at a distance from the seat of government, but also because he was convinced that he could do more good as a magistrate and legislator by not being identified with the Government, as an Executive Councillor must frequently be. Though never aspiring to popularity, his LIFE OF HON. RICHARD CARTWRIOHT. 19 known probity had given him a degree of influence which no other man possessed. This made him anxious to gaard the independence of his character from any possibility of imputa- tion. His great ambition was to be useful to the Province, and to [yromote the prosperity of its inhabitants. In every situation in which he was placed, we behold the same dignity of character maintained, the same forgetfulness of self, the same elevation of principle, which, satisfied with the approba- tion of conscience, and future hopes, depended net upon the applause of men, but, on the contrary, sometimes exerted itself when friends and acquaintances were displeased, and even amidst frowns and menaces. It is true, that those did not continue long ; his inflexible probity shone through transient clouds, and many who had determined to find fault were left in admiration. It was in this elevated situation, long at the head of this Society, and possessing the love and esteem of good men, and the respectful homage of the vicked, that the late war found him ; for though taught from former experience to look for everything base and degrading from the faction that ruled our unhappy neighbours, yet he could hardly believe that open war would have been the consequence. Sound policy, interest and affection were in favour of peace ; much might be lost, but nothing could be gained by hostilities. When he found himself mistaken, all the enthusiasm of former times kindled in his bosom, and though sinking under domestic afflictions, his love for his country gave him new life. His patriotism during the whole war burnt with the most noble brightness. Not satisfied with the active «lischarge of his duties as colonel of the militia, he endeavoured by his writings to inspire every inhabitant of the colony with sentiments and reflections suitable to the dangerous situation of the country. 20 LIFE OF HOxN. RICHARD CARTWRIGIIT. Writing from tho heart, and with tho most lively zeal, in the important cauBe, he contributed in an eminent !i;»c5ree to preserve that noble spirit of independence which eucabled us to close the contest so gloriously. When our vindictive enemy thioatened to drive us from the fertile fields that wo had gained from the wilderness, to sever us from our parent state, to deprive us of ail that gives dignity to man and renders life valuable, he was found actively employed in animating the militia to resistance, pointing out the folly of the boastings of the foe, and the certainty of their defeat. His unremitting exertions were continued long after the disease that destroyed him had made great progress ; the strength of his body was not equal to the firmness of his soul ; but he continued till within a few weeks of his death to discharge public duties of the most important nature. Should any suppose that because he was always found on the side of the Government, and strenu- ous in protecting it from the machinations of secret and the attacks of open enemies, that he was not friendly to liberty, they would be much mistaken. No man ever displayed more firmness and independence than he in every situation. As a legislator, he thought always for himself, and was even some- what jealous of his liberty. But when he differed from his colleagues, and opposed a measure desired by the Government, it was a difference arising from conviction ; it was not a fac- tious opposition to exhibit his power and gain popularity ; nor did he ever allow a spirit of insolence and contradiction to thwart any measure in agitation. His opposition was therefore equally honourable as his sup- port, and such was the conviction of his pure integrity that it extended his influence, and, consequently, his usefulness. Always a supporter of the liberty and independence of the sub- LIFE OF HON. RICHARD CARfWRlGHT. 21 s. ject, and a steady assorter of all those privileges which every Briton enjoys by our happy constitution, he knew how easily they were reconciled to the tirmest loyalty and patriotism. It was at this time that his situation appeared to combine every- thing tliat was desirable upon earth. Possessing a rare com- bination of excellent qualities, the most inflexible integrity, and th(i fairest reputation, derived from a long and uninter- rupted course of steady and meritorious conduct, 1 could not help mentioning to him that he derived even in this life tlie most grateful rewards of virtue, the esteem, the love, and the vene- ration, not oidy of those who were intimately connected with him in the l)onds of friendship and i1 22 UFE OF nON. RTCTIARD CARTWRKIHT. fH'l were dearer to him than his own. First, his second son left a blank in this house of domestic felicity, and his death was accompanied with circumstances that give it an interest which cannot fail to fciigage the warmest sympathy of every feeling heart. It was the reaction of virtuous principh's warring against a degrading habit, which had prevailed over his good dispositions at a time when he was not under the eye of parental restraint. The grief, the agitation of contending passions, and Uie firm determinatiun never again to deviate from the true path, was too much for his i)hy8ical i)ower to sustain. The conflict threw him into a decline, life ebbed slowly away, but virtue continued to triumpli. It was this victory over temptation, which had been accustomed to prevail, though purchased with his life, that rendered his death so bitter to his affectionate father ; his sorrow was the more deep and heartfelt, as it must be concealed from a censorious and unfeeling world. From this severe blow he might have returned to the world ; for while be lamented the loss of a son who displayed in his last moments a firmness of soul capable of raising his character to the highest rank in human excellence, he had still many children of the fairest promise. But, alas ! his first-born was at that very time slowly sinkrig under a decline, with little or no hopes of a recovery. I am sure I may with confidence ap- peal to ail who knew this amiable young man, whether they ever saw one so universally beloved ; the most affectionate of sons, the kindest of brothers, joining to the strictest moral and religious principles a heart expanding to every benevolent thought, with a temper of uncommon sweetness : his under- standing was clear, and his views noble. Never did a more ex- cellent young man claim the sympathy of his friends. Social, LIFE OF HON. HICHAUD CAUTW'UICJHT. 23 cheerful and affectionate, he was loved by those who knew him almost to enthusiasm, for his cheerfulness, arising from a mind at peace within itself, never failed to enliven his friends and make them happy. Uniforndy good-humoured, easy in his conversation, of purity of disposition never surpassed, and of habitual piety, he had been for some years the most j)leasant and instructive companion that hi.s father ever enjoyed. Judge then of his feelings, and of the bitt'ir tears he shed over him, when the hand of a relentless disease was leading him to the grave. He could not behold the brightest of his sublunary hopes vanishing away without unutterable anguish ; the prop of his declining years, the protector of the family to whom they might have applied with confidence as their kiml and faithful guardian, when from the course of nature his own head should be laid low. From this terrible calamity he never recovered entirely. The consolations of religion were his, but the fondest hopes of his heart were blasted ; and although resigned, the world had lost its charms. His grief undermined his health ; food was loathsome ; he became too abstemious, and laid the foundation of that afflicting disorder which brought him to the grave. His declining health appeared for a time rather a source of joy than of sorrow, and while employed in his usual avocations, nothing appeared capable of interesting his heart, till a new calamity taught him that he had still duties to per- form, and, rousing anew his tender affections, seemed to give him new life and energy, and again to awaken in him a wish to live. His eldest daughter was seized with a cruel disorder which threatened her speedy dissolution. All the tender feel- ings of the father were again called into action ; every exertion was made for her recovery, and for a time with success, but it was only a transient return to health. The remedies given for 24 LIFE 01' HON. RICHARD CARTWRIGHT. her recovery undermined a constitution naturally delicate, and while they cured one disorder, laid the foundation of another still more fatal. He had the misery to behold his amiable and affectionate child put to death by >» disorder at once painful and lingering. In her departure was seen, in the strongest light, the peculiar blessings of a peaceful end. But, alas ! her parents were overwhelmed by this new and terrible calamity ; they were deprived of a diamond that gladdened their hearts, and possessing all those excellencies of beauty and mind which they could desire. Her figure was elegant, her action graceful ; the timid modesty of her countenance showed the ingenuous- ness of her soul. Her disposition was so friendly, humane, and gentle, that it was impossible to know and not to love her. Above all, she had a well-grounded assurance of the truth of Christianity, which smoothed her path to the grave. Endowed witli uncommon sweetness of temper, her premature death filled this place with deep concern. All sighed at the depar- tuie of a person so richly gifted with every requisite to make her lovely ; no wonder that her parents severely felt her loss. A model of filial piety, she spoke not of the progress of her disease lest she should give her parents uneasiness, and suffer- ed without a mwrmur the most excruciating pain. It was at this period that she displayed that Christian patience and forti- tude which resulted from deep reflection and habitual devotion, and which not only strengthened the gentle qualities of her nature, but enabled her to submit with meek resignation to the Divine will. " It has pleased Heaven," says her heart- broken father, " to take from me those who knew me best and loved me most — those whom parental affection mellowed into the tenderest friendship had entwined most clocely around my heart. I, however, claim no exemption from the calamities of LIFE OF HON. RICHARD CARTWRIGHT. 25 life, and pretend not to murmnr at the dispensations of Provi- dence ; but the wounds made by this revulsion will bleed. Where can I expect another James and another Hannah on this side of the grave ] the sources of our most delightful an- ticipations, the ornament and pride of our house." And again he observes : " Young was James in years, but mature in virtue Since he was capable of reflection, he never gave, by his con- duct, a moment's pain to his parents, and the only consolation tJ'ey can have for his loss is the hope that their surviving children will imitate his example." And he observes of Han- nah, " It ever child repaid a parent's care or merited their fond- est love, it was her. Beautiful, kind, unassuming, unaff*ected, she was adored and beloved by all her acquaintance, and almost doated on by her parents." The progress of the war threw upon Mr. Cartwriglit so many duties that we thought his mind would be so nmch occupied as in time to divert his grief ; he ceased indeed to complain, but his constitution was impaired and his heart was broken. With that dignity and firmness which were the basis of his character, he seemed to a stranger to liave recovered from his misfortunes, but the wounds which they in- flicted never ceased to bleed. Never did he omit a particle of his duty ; by night and day he was ready, with his pen and sword, to defenck this happy Province ; and his incessant appli- cation to business undoubtedly aggravated his disorder. A fresh calamity was threatening him : his fourth son, the most promising in poin*: of intellectual talents of all, fell into a con- sumption. " It pleased God," says this excellent man, " to take to himself my dear Stephen ; and though I had long ex- pected this termination of his disorder, I was not the less af- fected by it when it did arrive. Our children seem to entwine themselves about our affections in proportion to their helpless- B - 26 LIFE OF HON. RICHARD CARTWRIGHT. ness, and he was withal so patieut and considerate, that the separation was like tearing my heart-strings asunder. When I compare the present state of my family with what it was but three short years ago, I am ready to sink under those repeated visitations which have destroyed my fairest prospects of earthly happiness." Little more than a year intervened between Stephen's death and his own, yet during that period he shrunk not from busi- ness. He attended his duties in the Legislature, he assisted at the Board of Claims, and while scarcely able to articulate or to swallow food sufficient to support him, he continued to per- form the most important functions. At length the progress of his disorder threatened his immediate dissolution. He was prepared to die, but always alive to the claims of his family. He was willing to try every means to continue a little longer among them. With this intention he went to Kamouraska to bathe in the sea ; this aggravated the symptoms, and on his re- turn he died in Montreal. To strangers, Mr. Cartwright was distant and reserved ; there appeared even a coldness in his manner at your first approach ; but this vanished by degrees, and his conversation was unrivalled in its power of varied amusement, in rich display of original observations, and facility of quotation from the best classical authors, English and Latin. His opinion on literary productions was exceedingly correct, for he was an excellent judge of style, and his acute discern- ment easily detected a fallacy in reasoning. He loved poetry, and was extremely sensible to its charms ; he had even culti- vated a poetical turn, which he possessed from nature, to a con- siderable extent. He relished in a high degree all our best classical poems, and there was hardly a passage of excellence in Shakespeare, Milton, Dryden, Pope, Thomson and Goldsmith, LIFE OF HON. RICHARD CARTWRIOHT. 27 or any other celebrated poet, that he could not repeat. In social discussion he possessed powers of no common stamp, combining accuracy of science with precision of method and richness of illustration. His character was bold, energetic and firm. Seldom do we find such a combination of eminent talents, such extensive knowledge, added to so fine and excursive an imagination. Possessing an innate love of justice and abhor- rence of iniquity, he enforced upon all occasions the strictest integrity. An enemy to affectation and insincerity, he despised intrigue of every kind, or what in modern language is termed address. From the steadiness of. his character, it naturally followed that he was constant in his attachments. Never did he desert any of his triends, whom, after trial and selection, he had pressed to his heart. Enjoying his invaluable friendshiD without interruption from our first acquaintance, I feel his loss as that of an elder brother; my wisest counsellor and surest protector, to whom I could always apply for instruction and consolation. With the warmest affection for his friends, ho joined an eagerness to do them good which no difficulties could diminish ; is it then to be wondered though he carried to the grave their love and veneration 1 In their bosoms his memory will be cherished while their hearts beat and their souls are capable of reflection. His strict probity and inviolable love of truth gave him an influence in the country which no other person ever attained. Never did any man court popular applause less, and never was any person so much esteemed by the general voice of the Province ; it was a homage paid to virtue. Those virtues throw a lustre over his character, and it was the study of his life to transmit so precious an inheritance to his children. To accomplish this most important object, and to give them a proper foundation, he laboured unceasingly to inculcate the ■"l 28 LIFE OF HON. RICHARD CARTWRIGHT. principles of our holy religion upon their hearts, which he justly deemed the root of all true virtue. His was a practical religion, transfused into his life and governing his actions ; not only directing his intercourse with the world, and penetrating the retirement of the closet, but entering the secret recesses of the heart. He was aware of his situation long before his death, but not a murmur escaped him ; no repinings, no forgetfulness ; all was peace and composure, and a steady resignation to the will of God. His anxiety was only for his family and his friends ; for him- self he was ready, nay, joyful, as going from a world of pain and suffering to another of infinite happiness and duration. In a letter addressed to his friend, but not to be opened till after his decease, he says : " My infirmities are increasing so fast upon me that it would be infatuation in me to expect to live long, and I may very possibly be called away in a few days. To me this is no otherwise an object of anxiety than as it may affect my family. Adieu, my dear friend ; before this reaches you I shall have finished my earthly career, which has been shortened by the afflicting events which have in the three last years prostrated my fairest hopes. I shall, without dismay, resign my soul into the hands of its Creator, trusting to the merits of our Saviour for all the blessings which Christianity offers to her friends." LIFE AND LETTERS OF RICHARD CARTWRIGHT. CHAPTER I. EXPEDITION TO WYOMING — 80-CAlLED MASSACRE A FIGHT — BRANT DESTROYS GERMAN FLATS — BUTLER DESTROYS CHERRY VALLEY — CANNIBALISM — GOV. HAMILTON CAPTURED BY AMERICANS AND PUT IN IRONS — AMERICANS BURN ONONDAOO — CAPTAIN m'DON- ELL LAYS WASTE THE SHAMOKIN SETTLEMENTS — BRANT DEFEATS COL. FLURSTIN — GEN. SULLIVAN's CAMP.UGN — RANGERS DEFEAT- ED — LAY AMBUSCADE — IT FAILS — BUTLER RETREATS TO NIAGARA — MINOR OPERATIONS. MEMORANDUM OF INDIAN OPERATIONS FROM 1778 TO 1780, MADE AT NIAGARA IN 1780. After the loss of many of their principal Chieie near Fort Stanwix, the Indians, ever eager for revenge, were easily pre- vailed upon to continue their hostilities against the rebels, in which they had at first engaged with a great deal of reluctance. It was, however, thought most prudent that they should con- tinue quiet during the winter, and begin their depredations on the frontier early in the spring. In consequence of this resolution, the principal of the Six Nation Chiefs and a number of others came to Niagara early in the season, who, after receiv- ing very liberal presents, marched from thence on the 1st of 30 LIFE AND LETTERS OF RICHARD CARTWRIGHT. May with Major Butler aud the Rangers, having the fertile set- tlement of Wyoming, a frontier of Pennsylvania, for the object of their expedition. That tardiness which usually attends all their operations kept them inactive for more than a month ; a great part of this time was spent in deliberations, in which some adherents of the rebels frequently occasioned much perplexity, and it cost Major Butler some pains to prevent the other Indians from being diverted by them from their purpose. They, however, at length determined to proceed, and on the 1st of July entered the settlement, the party consisting in the whole of 464 In- dians and 110 Rangers. That day and the next, two small forts, in which were a number of women and children and a few men, surrendered on condition of having their lives spared and be- ing allowed to retire into the country. The Indians at first, seeing the inhabitants shut up in forts, and in some measure secured from their fury, thought of nothing but of scattering through the settlement to vent it upon the cattle and buildings, and at the same time to collect as much plunder as they could. Major Butler, however, by his earnest entreaty, prevailed upon them to keep in a body till he tried what effect a flag of truce would have, and finding it attended with such unexpected suc- cess in the two first instances, they were desirous of getting possession of all the rest of the forts by the same method, and a fiv^g was accordingly sent to the principal fort on the 3rd ; but was insulted, and soon after the greatest part of that garri- son, and some small ones below it, in all about 450 men, com- manded by a Colonel Butler, came out to attack them, on which a very warm engagement ensued, and lasted for about fifteen minutes, when the rebels retreated with precipitation, uutj were hotly pursued by the Indians, who took 226 scalps LIFE AND LETTEPS OF RICHARD CARTWRIGHT. 31 and three prisoners, and several were besides drowned in attempting to pass the river. Major Butler's loss was only seven wounded, two of whom died of their wounds. This victory made them entire masters of all the settlement, as it occasioned such a panic that all the forts were either abandoned or surrendered, on the same condi- tions as the two first, before the 7th instant. Most of the houses were burnt except such as belonged to people under the name of Loyalists ; a very large number of cattle were driven off ; and eflfects to a great amount brought away in plunder by the Indians. All this was said to be done without any acts of cruelty be- ing committed by the savages ; for the deliberate murder of prisoners after they are brought into their camp is not, it seems, reckoned among acts of cruelty by these barbarous wretches. On the 10th, Major Butler arrived at Tioga, and on the 14th set out for Niagara with a party of the Rangers and several families of Loyalists ; having previously detached Captain Caldwell, with part of the Kangers and also some of the Indian officers, to Aughquagct co assist Captain Brant, and at the same time engage recruits for the corps of Rangers from the people who were at that time flocking in from different parts of the frontiers to avoid serving in the militia. Captain Brant had gone from Niagara in April, destroyed the settlement of Cobuskill, in the upper part of Tryon County, and some other settlements in its neighbourhood, and was keeping that part of the country in a constant alarm, when hearing that the rebels intended to send a force into the Indian country, he retired to Aughquaga, where Captain Caldwell joined him, and they continued some time under continual apprehensions of being, attacked. He had re- (juested the Senecas to come to his assistance and join in his J 32 LIFE AND LETTERS OF RICHARD CARTWRIGHT. m III i operations ; but through some jealousies and animosities which now began to break out, they refused. About this time Cap- tain Tire, with a party of Mohawks, arrived at Niagara, and proceeded to Aughquaga. Towards the latter end of September, their alarms being pretty well ({uieted. Captain Brant prevailed on his coadjutors, not without some difficulty, to go against the German Flats, which they destroyed without meeting any opposition, and drove oflf a great number of cattle, but the inhabitants had all taken shelter in the fort. Captain Butler, going into the In- dian country at this time with a party of Rangers, was, agree- able to orders, joined by Captain Caldwell and his detachment at Tioga ; Captain Tire returned immediately to Canada ; and Captain Brant, with his volunteers and only seven or eight In- dians, went down towards the Minisink, where he burnt a number of houses and barns, destroyed a large quantity of grain, and did much other mischief. While this was doing, a party of riflemen burnt the village of Aughquaga, and about the middle of October a Colonel Hartley with a immber of men came up the river from Wyoming, and put the camp above Tioga into a good deal of constern:, instead of eacli hav- ing in severalty their distinct and separate portions, which was evidently the intentiovi of the Crown. The Council and the Assembly have parted on very ill terms with each other, and I was unfortunate enough to differ with the majority of my bre- thren, and to think our conduct towards the House of Assembly neither decent or wariantable. I see that in your Province, though the fund is raised by the Legislature in general, the ap- propriations are annually made by vote of the House of Assem- bly, and paid in consequence of an address from them to the Governor to issue his warrant, &c. Now, this point was given up by our Commons, and a Bill brought in for the appropriations, specifying the salaries of the officers of the two Houses, ^%.. "^^^^ ^0. .0^. \^ IMAGE EVALUATION TEST TARGET (MT-3) A O A f/. 1.0 I.I 1.25 IS I'S Ui liii - lis IIIIIM 1.8 lA IIIIII.6 ^ <^ /}. ^/; "cl^l c^: c^i ^^ /^ '-^ ^ / Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ i}.^ iV ;\ V \ ^t see that there were just grounds fur making the difference they contended for. To this they answered that the difference wjis palpable and striking ; that the trade by the former route not only found convenience and protection from the exttuisive tract of ttled country which it passed through, but was for the most part carried on by the industry and for the benefit of persons resi- dent in the Upper Province ; and whenever the trade by the Ottawa Kiver should derive the same benefit from establish- ments of ours, and be carried on by the agency of persons resi- dent amongst us, they should be very willing to admit our claims to their full extent, but that at present they deriv not the smallest protection or advantage from any establish- ment of ours ; that every person engaged in this business was brought from Lower Canada ; and with respect to the particu- lar article in question, that it was not even made an article of trade, but was carried as the private stores of the persons em- ployed in this trade. To put this question in a proper light, they would ask, Was it reasonable,' was it just, that the Province of Lower Canada should pay a sum of money to the Province of Upper Canada for liberty to trade with the In- dians in the country about the Hudson's Bay or on the Mis- sissippi 1 The arguments prevailed with us to give up our claim for the present upon articles transported by the Grand River ; and as they forebore to urge any allowance for leakage or abatement on account of wines sent into this Province pa 'HI I; mm 1 104 LIFE AND LETTERS OF RICHARD CARTWRIGHT. which no duty had been paid, we agreed to accept of uhe sum of £333 4s. 2d. as our proportion of the duty upon wines. The next object was *o fix upon a priaciple for arranging our future proportion of this or sue) other duties as might be here- after imposed. For this end various expedients were mentioned, such as a declaration upon oath to be made by persons forward- ing goods to Upper Canada, or tnat every bill of lading should express the quantity of dutiable articles, and duplicates of these be deposited with some person to be appointed for that purpose at Lachine ; but ':hese were found to be liable to too much uncertainty, and could not possibly attach upon that part of. jhe trade carried on by the farmers, or other persons not es- tablished merchants, who resort themselves w Montreal for their supplies. An officer at the Point of Bodet was next proposed ; but besides the exi)ense of such an establishment, which was a very material objection, it was considered as likely to occasion much delay and embarrassment to the trade of the two Provinces, and to become a source of discord between them, for to make it effectual there must be a power to stop, to search and consficate, and besides, by a change in the road in the eastern district which is in contemplation, it would be rendered wholly useless in the winter. A certain determinate proportion was then recurred to, and it was unanimously agreed that, all circumstances considered, the respective population of the two Provinces would form the most eligible, if not the most equitable principle of agreement, and that this might be considered in the proportion of one to seven. This at once super- sedes the necessity of officers and salaries that must otherwise have absorbed, unavoidably, a large portion oi ^he revenue, and probably have created dissensions between the Provinces. It re- moves at once every clog to their intercourse, and takes away LIFE AND LETTERS OF RICHARD (ARTWRKillT. 105 all the grouiius of jealousy and distrust that appeared insepar- able from any other plan, and we are persuaded that, on de- liberate examination, it will not be thought that these benefits have been obtained by any material sacrifices on our part. The number of men on the militia returns of the Lower Pro- vince in June, 1792, amounted to 37,44G, which, on a very moderate computation, may be considered as augmented to 40,000 by the 24th June, 1794, at which time the militia returns of Upper Canada, amounted to 5,350 ; and we must further consider the religious communities, the numerous parochial clergy, and no less numerous practitioners of physic and law in the Lower Province, as still increasing this disproportion, to say nothing of the diminution of our numbers by the re- cruits engaged in the Provincira corps. We are aware that it will be objected that the Indian trade, joined to our other demands, consumes a much larger proportion of liquor than an eighth. We are, however, induced to believe that the quantity so consumed is overrated in the estimation of the public. Let it be considered that the extensive settlements of Vermont are sup- plied with this article through Montreal, and that the fisheries at Chaleur and Gaspe, and the canoeing and batteauing busi- ness, take off a large quantity for the people so employed, over and above their ordinary consumption. Besides, from an attentive examination and inquiry, it appeared to us that the same number of inhabitants of Lower Canada consumed a far more consider- able quantity of spirits, perhaps double, of what would be used by an equal number in this Province. Instead of tea, so gener-illy in use among us, a glass of rum and a crust of bread is the usual breakfast of the French Canadian. The rigour of their climate is alleged as the cause of their having frequent recourse to it at other times in the day, and their numerous holidays lead to G 10() LIFIO AND LETTERS OF lUCllARl) CARTWRIGHT. II such habits of idleness and dissipation as are favourable to the consumption of rum. And let it also be considered that upon this plan we participate in the articles transported by the Ottawa Kivcr. But whatever doubt m.ay exist with respect to this particular article, in every other that is likely to become liable to taxation our consumption will be far less than an eighth ; for besides the articles of this description that will enter into the very considerable trade which the Lower Province carries on with Vermont, the luxury- of its towns will consume more than merely in proportion to the number of its inhabitants. While we were thus receiving a proportional share of the duties levied at Quebec, we considered it as no unreasonable concession on our parts to agree to suspend the exercise of our right to lay duties upon any articles coming into this country from Lower Canada, and thus to satisfy their Commissioners that while we were participating in die revenues collected by them, we would not embarrass their trade with any additional impositions. In thus resigning to them for a time the right to impose and levy duties for us, as well as for themselves, we had the best of all securities that this confidence would not be abused — namely, that they could do nothing to injure us that would not in- jure themselves much more. Besides, we were well assured before we consented to this Article, that such a sum was about to be raised as would afford fOr our part a sufficiency to defray our necessary expenditure. In a business so entirely new and un- tried, we judge it expedient to make the term of our agreement short, as the relative situation between the two Provinces may probably in a little time undergo such a change that regula- tions wliich would be highly reasonable and expedient might in a few years be inconvenient and improper, and under the expectation that the experience of a couple of years would en- LIFE AND LETTERS OF RICHARD CARTWRIGHT. 107 may ^gula- iiight [y the Id en- able us to rectify whatever may have beeu mistaken or over- looked in the present agreement. All of which is most respectfully submitted, &c. John Munro. John McDowell. Richard Cartwright. To the Hon John Lees. Kingston, 10th August, 1708. Dear Sir, — As we shall meet in a few months to discuss the subject of the provisional agreement between our respective Pro"'nces, it may probably facilitate and forward the business to enter into some previous explanation, and indeed it is in- cumbent on us to account for our non-compliance with this agreement. Though individually I cannot send you anything formal or authentic, and my brother Commissioners are at too great a distance to be consulted, yet I have reason to believe that they \yill not disavow either my principles or facts, and indeed these appear too evident and conclusive to derive addi- tional importance from any diplomatic sanction. Being, how- ever, myself a convert (for you know my bias was originally the other way), I may possibly, like other converts, have too much zeal for my new opinions, and shall therefore be glad to receive any remarks or strictures on them from you or any of your colleagues previous to our personal conference. But to proceed to the question : Our rights to a portion of the duties collected at Quebec, under the authority of the Legislature of Lower Canada, arises ^r*om the plainest principles of equity, and is -not derived from any positive stipulations between the two Provinces. This was so obvious, that the Act for laying such duties was immediately followed by one for appointing Commissioners to treat with Commissioners from this Province, 1 ; i 1 f 1': 1 fjj |i i 1 ' f''i. 1' ': " i , ■"I 'fH 108 LIFE AND LETTERS OF RICHARD CJARTWRIGIIT, whose object was nob to discuss this right, but to ascertain the proportion of the duties justly applicable to each Province. This was in the first instance adjusted agreeably to the respective population of each, it being supposed to imply the same rela- tive trade in, and consumption of, the dutiable articles, and at the same time occasion was very properly taken to make such regulations as would prevent the Legislatures of the two Pro- vinces from clashing with each other in matters of revenue. Before the expiration of the agreement under the first commis- sion, the treaty with the United States of America took place, which rendered this plain and simple criterion no longer pro- per or just, and it required a more complicated plan to ascer- tain the quantity of the dutiable articles consumed with us or passing up the St. Lawrence for the purposes of trade ; but our right to the amount of the duties on such articles, when ascer- tained, hath been unequivocally recognised under the Commis- sioners. It rests, indeed, on the solid foundations of justice and candour ; and though the amount may be varied, the prin- ciple cannot be affected by the state of our intercourse with the United States. This being premised, I am equally ready to declare that it results as an indisputable duty, from our political relation as a dependency of the British Empire, to adopt and enforce, as far as practicable, every regulation of trade that may tend to employ British ships and enrich British subjects, and exclude or discourage the interference of aliens. On this principle, and not on any idea of its being a sine qua non to our receiving a share of the duties, we assented without hesitation to the proposal made by the Commissioners of the Lower Pro- vince, that we should, agreeably to the power given us by the Treaty, impose the same duties on articles coming into this Province from the American States as they would be liable to r. LIFE A:SD letters of RICHARD CARTWRIGHT. 109 tain the je. This spective me rela- , and at ike such wo Pro- revenue, commis- ik place, ger pro- bo ascer- bh us or but our m ascer- poramis- f justice le prin- vith the ready to pohtical opt and ide that lubjects, On this n to our sitation v^er Pro- s by the nto this iable to at the port of Quebec, and take measures for the collecting of them, as far as our local circumstances vmuld admit. It was sup- posed at this time that the Government of the United States would on their parts have immediately proceeded to avail themselves of the power given them by this Treaty to check our intercourse with their territory, by making establishments at Detroit and elsewhere for collecting the Atlantic duties ; and yet it is evident, from the penning of the article, that difficul- ties respecting its being carried into effect were even then fore- seen, but certainly not to the excent in which they prosecuted themselves when the measure came under the discussion of the Legislature, and when gentlemen assembled from every part of the Province could point out the facility with which every regulation might be eluded. Indeed, when our geographical situation comes to be attentively considered, and the unlimited participation given to the citizens of America in the use of our portages, and in the navigation of the lakes and rivers which are common boundary between them and us for more than a thousand miles, it is not easy to point out how the collection of duties could be at all enforced ; and it will be readily agreed that it would require a much larger sum than the amount of all our revenues to support the establishments necessary for this purpose, and it would not only be absurd and ridiculous in the extreme to pass a law without providing for the execution of it, but in this case would be a fraud upon the Lower Province, by a compliance merely in words, and not in effect, with the article in question. In a Bill for this purpose which made some progress in our Legislature, about sixteen places were fixed upon for the residence of custom-house officers, and even these were thought too few. Another necessary consequence of such provisions must have been, to subject the trade cf no LIFE AND LETTERS OF RICHARD CARTWUIGHT. Lower Canadji with this country to all the expense, delay, and embarrassment of custom-house form.alitirs, at every place of lading or unlading, whether in vessels or boats, or in carriages on the portages, in order to ascertain whether they were really what they were declared to be, and not a cloke for dutiable articles brought from the States. The effect of this upon the trade will be best understood by the commercial gen- tlemen of Montreal, who are so greatly and justly alarmed at a Bill brought into the Legislative Council of the then Province of Quebec in 1787, entitled " A Bill to explain and amend the Act entitled ' An Act or Ordinance for promoting the inland navigation.' " The declarations, manifests, and entries then contemplated were full as easy and simple as they could be ad- mitted to be in the present case, and they were considered so harassing and vexatious as to call forth the united remon- strance of all the mercantile people concerned in the uade, in consequence of which they were very properly given up. These considerations would of themselves, perhaps, be allowed to be sufficient to have made us pause, but they are at present the less necessary to be insisted upon, as, however weighty and important, they were not the predominant ones to induce our Legislature to postpone the ratification of the Provincial agreement, and to request a further conference with the Lower Province on that part of it which respects the im- position of duties on articles coming from the American States. In taking a view of the present state of our commercial inter- course with these States, I believe I am much within the bounds in asserting, that we annually send into their territory in the neighbourhood of Detroit, and towards the Illinois and Mis- sissippi, to the amount of £60,000 sterling in articles of British manufacture ; wine, and the produce of our West Indian islands ; LIFE AND LE'ITKRS OV RICHARD CARTWRKJHT. Ul 111 ull of which, according to the tabic of American duties, would bo liable to the exactions of from 25 to 50 cents per gallon on spirits ; from 20 to 56 cents per gallon on wine ; 9 cents per lb* on loaf sugar ; 5 cents per lb. on coffee ; 15 per cent, ad valm'em on arms, leather, and several articles; 12i per cent, on others ; and not less than 10 per cent, on any. Compared with these, our scale of duties is low indeed, limited at present to a very few articles, and 1 presume will neyer be extended to British manufactures, which greatly exceed in value all the other articles which are used in this trade. What we receive from th® States is really almost nothing, and of that little but a part is liable to pay duty. What is broi ght in is by adventurers who can only be considered as mere peddlers ; even they seldom ap" pear a second time, and no established mercantile house among them, great or small, hath yet engaged in the trade of this country. Let the mercantile gentlemen of Montreal say whether, since the Treaty, the quantity of goods, evea wines and spirits not excepted, sent to Detroit and Machinac has not rather increased than diminished. The demand for spirits and sugar for our internal consumption, indeed, is probably lessened, as the first has been in a considerable degree supplied by our distillations from grain, and the latter from the domes- tic manufacture of maple sugar. But the imports of all kinds for what may be called our foreign trade, if I may judge by the quantity of goods that pass this place, are annually increasing, and as the American settlements along the St. Lawrence and the Lakes increase, will go on augmenting. The natural, I had almost said the only outlet for all the produce of these set- tlements is by the St. Lawrence, whose waters are sufficient to carry the largest rafts of lumber to your sea-ports, and this lumber, which is itself a valuable article of commerce, may 112 LIKK AND LKTTKRS OF UICHAllD CAUTWUKJHT. 1 liliii at the same tim(! be made a vehicle for transporting their wheat, flour, and potash to a market. This by the way of Oswego is utterly impossil)le, as besides going against the current, no raft could be got through Wood Creek, and there is moreover the land carriage from Schenectady to Albany Now, it is a matter of course to purchase our supplies where we sell our surplus produce, particularly when these supplies are to be had on as good terras and can be more easily trans- ported than from other markets ; and the price of transport from Albany to Oswego is actually double the expense of that from Montreal to Kingston, and consequently to any place not more distant on the American shore. Such are the advantages we possess, which, co-operating with the high duties in the American ports, give us a superiority that we should be cau- tious of depriving ourselves of. Could the United States enforce the collection of their Atlantic duties on our inland commerce with them, they must necessarily operate as a bounty to take the trade from us, and turn it into their own channels; or at best we should have to pay a pound where we could collect a penny. It is therefore greatly to our own advantage, for the Lower Province in a still greater degree than for us, that the intercourse between us and the States should remain unrestrained. But it will be said that we have no security that the Government of America will allow it to remain so. This is true, and it is so much their interest that it should not, that they have probably been passive on the occasion, only from the difficulty and expense of enforcing revenue laws under the circumstances we are placed in with regard to each other. But as we must lose more than we can well calculate should they make the experiment, it does not seem consistent with common prudence for us, by first adopting LIFE AND LETTKHS OF KICHAUD CAIITWIUOHT. 113 the measure, to provoke tlieni to it, for we cannot suppose that they would be slow in attempting to retaliate. From this view of tlio subject, which has presented itself in the course of the lengthy and deliberate discussion which it has undergone in our Legislature, and which, though [)erhaps not the most obvious, is the true point in which it ought to be re- garded, the Lower Province will see that it is not beeauso we are unwilling to concur with them in any necessary or useful regulations of trade, or from any partial or selfisli motives, that we have not proceeded to confirm in its fullest extent the Pro- vincial agreement entered into in January, 1797, but because our compliance appeared likely to produce the very evils it was intended to guard against, and instead of operating to establish and promote trade in the hands of British subjects, to have a direct tendency to make it of less value to them, and to encou- rage aliens to sup))lant them in a very valuable and growing branch of it. Indeed, their very liberal conduct in voting us our proportion of the duties last year, previous to any formal reconsideration of the agreement, leaves us no reason to doubt of their candour in the prosecution of the business, and of their willingness to concur in such modifications as shall appear best calculated to meet the exigencies of the case. For my part, I am impressed with the fullest conviction that they will depre- cate rather than urge us to begin a war of revenue regulations with the L^nited States, by which they may lose a great deal and can certainly gain very little. To this lengthy epistle about matters of public concern, per- mit me to add assurances of my personal regard and esteem. I am, (fee, Richard Cartwrkiht. ff lil 114 LIFK AND LE'rrKllS OF IIICIIAUD CAUTWUmUT. To J. Mi-am, Esq. ,, .., . T. ,uni ■'■ klN(iSTUN, 31.st Dec, 1801. My Dear Sir, — I hope your Legislature will not be too much in haste to multiply duties upon imports, for though I do not consider them as any breach of the Treaty with tlie Americans, to whom they will still leave all their relative ad- vantages, they will bear hard upon this Province, who, from the nature of their returns, which consist chiefly in bulky ar- ticles, can have little direct intercourse with the United States. For my part, I have never had a single article from thence, and the duty on tobacco, as far as I am concerned, may be con- sidered a duty on British manufacture rather than an article of trade with America. I am, however, very ready to aban- don this and tea to the discretion of your Legislature ; but iron and leather Jire articles of such general and indispensable ne- cessity as should induce the Legislature to give every en- couragement to render them plenty aiul cheap. Such evidently is the interest of the public, and the manufacture of leather at L' Assumption, and of iron at Bastican and St. Maurice, are certainly not of that importance as to warrant them in levying a contribution of ten per cent, on the consumption of these Provinces for their support, whatever Messrs. Craigie, Coffin, Bell, and Badgley may say to the contrary. In addition to the articles of the peace which you mention, I understand that Por- tugal, Naples, and Turkey remain as before the war. I should certainly have rejoiced at any further acquisitions that Great Britain had retained, but however highly we may be disposed to rate her strength and resources (and they have in this strug- gle been displayed to an extent that would heretofore have been deemed romantic), on a cool consideration of circum- stances, I think it will be agreed that the present peace has in no degree blasted her laurels, R. 0. LIFE AND LETTERS OF RICHARD CART^VRt^.IIT. 115 CHAITKII VIII. HESSION OF 1801 — KLEOTION OF SPEAKER — DISPUTED ELK«TION — APPKOPRIATIONS — BOUNTY ON HEMP — LETTER TO REV. J. STRAOUAN — ORANT FOR ROADS — GRANT FOR PUR(!HA8E OF HEMP — ALIEN ACT — DESERTION ACT — LETTER TO CHIEF JUSTICE AICOCK — CONDUCT OF MR. THORPE — DUTY ON TEA ON HAWKERS- -ESTAULISH- MENT OF DISTRICT SCHOOLS — LETTER SUPPOSED TO HE WRITTEN BY LIEUTENANT-GOVERNOR — MR. THORPE SENT TO SIERRA LEONE — CHARACTER OF ATTORNEY-GENERAL. have cum- has 0, MEMOKANDUiM OF TRANSACTIONS IN FIRST SESSION OF THE THIRD PROVINCUL PARLIAMENT OE UPPER CANADA. The election of a Speaker gave rise to considerable intrigue. Some part of the private conduct of D. W. Smith, Es((., wliich was supposed to have occasioned the fall of the late Attorney- General, and to have produced other breaches in the society at York, was made use of with such success that he who had been unanimously called to the chair on a former occasion, had now the majority of but a single voice. Three members, how- ever, who would have voted for him, did not arrive till the election was over. The session began with a considerable de- gree of warmth in the House of Assembly respecting the ap- pointment of a new Clerk to that House. On some contro- versy between the emigrant French general, Count de Puisaye and Mr. Angus McDonell, which had been examined before a Committee of Council in the month of August, the Committee, in their report to the Governor, had declare^ Mr, Mc- J If V ' ri'lhl I 1 IK) LIKK AND LKTTKUH OF lUCIIAHD CAKTWIIK;IIT. Doiiell's conduct to luivo been such as to render him unworthy of any olhce under the (lover. .ment. The Governor hereupon signified to Mr. McDoik;!! that he was no longer Clerk to the House of Assembly, and appointed a Mr. McLean in his stead. At the meeting of the Assembly both Clerks took their seats at the table, Mr. McLean by virtue of his recent commission from the Governor, which wps the only notice the House had of his appointment, and Mr. McDonell under his old commis- sion, which he contended could not be set aside without the consent of the House. Tn these pretensions ho was warmlj'^ supported by several members, and it was not till after some days spent in the controversy that the point was given up : yet the House did not allow Mr. McDonell to retire without pass- ing a vote which expressed their approbation of his con- duct, and thanked him for his diligence in the discharge of the duties of the office he had filled. That the appointment rests in the Governor is without dispute ; yet, hi filling it, some regard should be had to the body under which it is to be ex- ercised, and it is probable that had the Governor signified by a message to the House that he could not with propriety allow Mr. McDonell to hold hi? office, and had therefore appointed another, which was an act of civility they had a right to ex- pect, in all probability there would have been an immediate and silent actpiiescence. The House of Assembly were next occupied in settling the mode of proceeding on a petition of the inhabitants of York and Northumberland respecting a dis- puted election, and examining into the merits of the petition. The result was that Mr. Justice Alcock, the sitting member, was declared not duly elected, and the election itself void. It appeared in evidence that very unwarrantable steps had been ta'cen by the friends of Mr. Alcock to procure him to be re- LIFK AND LHTTEllS OF lUC'IIAHD CAUTWUIonT. 117 turned. A largo majority of tlic electorH w»)ro evidently against him ; but while those on his side were giving him votes, a drunken man of the opposite party was ordered to be taken into the custody of a consta' 'e for somo noisy behaviour which, on such an occasion, might rory well have been passed over. This act of authority gave such ott'ence to some of the bystand- ers that they interposed themselves between him and the oflicer after he had been arrested, by which means the man made hJ.s escape in the crowd. While this was doing, two or three people were hastily called up to vote for Mr. Alcock, which gave him a small majority ; and hereupon a ' Ir. Weeks, an Irish lawyer, the Judge's most active agent, cried out, " A riot ! a riot ! " and prevailed with the returning otlicer to close the poll. During the whole of this investigation, Mr. Alcock behaved in a most extraordinary manner, being constantly present in the House and taking notes, but pertinaciously declining to reply to the attorney for the petitioners, or to enter at all upon a vindication of his election. Before the House had come to a determination, he handed to some of the members, while the House was sitting, a paper, drawn up by his friend the Attor- ney-General, stating doubts of the competency of the House to decide the case, as no law had been enacted in the Province re- lative to this subject, and the law that regulated such pro- ceedings in England being wholly inapplicable here from the paucity of members, and concluding with the insinuation that the Governor might very probably not agree to the issuing another writ. When all the evidence had been gone through, and the result was to be determined upon, Mr. Alcock was, at the request of the House, desired by the Speaker to withdraw ; but he replied that " he was still a member of that House, and would not withdraw unless they threw him out ntck and 118 IJFE AND LETTERS OF RICHARD CARTWRTOHT. II! heels," and he actually kept his seat while the resolutions re- specting himself were determining. Such conduct requires no comment. It is allowed that some of the members had, indi- vidually, little claim to respectability, and that some others held doctrines respecting the extent of their authority that no reasonable man would subscribe to ; yet, as a public body, they have, unquestionably, a claim to at least the appearance of re- spect, and when this is so glaringly withheld by persons high in office, it tends evidently to excite opposition against the Government itself, and to raise an idea that they wish to con- trol, in an authoritative manner, the freedom of their delibera- tions. It seems hardly proper for a Judge of the Court of King's Bench to become a candidate for a seat in a popular Assembly. The usual mode of canvassing for such a situation but little accords with the gravity and dignity expected in such a character, and it might be feared that in the administration of criminal law he would not be altogether unbaissed should any of his opponents be convicted before him in cases where the penalty is undefined and left to the discretion of the Judge. But there seemed to be a peculiar degree of indecorum in a person of this description tal *ng his seat in the House of Assembly under a return which had been obtained by the most glajing violation of law. While these transactions were go- ing on in the House of Assembly, some attempts were made there to repeal so much of an Act passed in the 4th session of the second Provincial Parliament, entitled "An Act for the more equal representation of the Commons of the Province in Par- liament, and for the better defining the qualification of elec- tors," as made a previous residence of seven years in the Province a necessary qualification for an elector, and also to abolish the mode of summ&jy convictions before the magistrates LIFE AND LETTERS OF RICHARD CARTWRIOIIT. 119 for selliug of spirits, &c., without license, under pretence of its being a dangerous encroachment on the privilege of trial by jury ; but these attempts proved ineffectual, and were rejected by a considerable majority of the House. The ' measure that was first passed in tliat House, and brought up to the Council in the shape of a Bill, was for paying the wages of the members of ihe AsstMul)ly out of the Provincial fund ; and because tb t Bill was rcj a want of proper foresight and precaution on the part of the late General Simcoe, who, on entering upon his administration, had it in his power to have made such arrangements with vegard to the representation of th^ Province as might have always ensured the return of one of the Law Officers of the Crown to that House, which would have given great facility in conducting the business of the House, without aflfording any ground of complaint of undue influence on the part of the Governor. But such opportunity having been once lost will never be recovered, as the 34th of the King directs all subse- quent arrangements to be made by the Provincial Legislature. During the session of 1808, a circumstance took place unpre- cedented, I believe, in any legislative body. On a question that arose in the House of Assembly respecting some modification of a law for establishing schools, three of Mr. Thorpe's friends, who were opposed to the majority of the House, were deter- mined, at all events, to carry their point, and rather put a stop to all the business of the session than submit to the determi- nation of the majority. With this view, when the question was about to be put, they withdrew from the House, leaving it without a quorum, and immediately set oflF for their HT. LIFE AND LETTERS OF RICHARD CARTWRIGHT. 137 t. In the 3 pointed stood had :ted ; and Province, Assembly Bed, much probable nent have 3 is owing )art of the listration, ents with ight have ers of the faciUty in rding any ,rt of the lost will all subse- gislature. ce unpre- tion that dification s friends, re deter- >ut a stop determi- question House, for their respective homes, which were at a very considerable distance. This happened near the close of the session, and after several of the members had obtained leave of absence. Some of these it became necessary to recall in order* to give efficiency to the business that had actually been finished by the two Houses, and this could not be done till after an interval of several days. 1 thought it my duty to show the sense I entertained of the extraordinary conduct of these refractory members by taking from them some appointments they held under Government, and their conduct would of course be reprobated by every sen- sible man. These, however, are, unfortunately, not everywhere the majority, and the gentlemen in question have been returned to the present Parliament, in which they seem determined ta be as troublesome as possible. Amidst all these perplexities, however, several measures of importance to the prosperity of the Province have been accomplished. The education of youth hath been provided for on a liberal scale ; considerable sums of money have been obtained for improving the public roads ; the culture of hemp hath been liberally encouraged, and collision with the Legislature of Lower Canada on the subject of revenue hath been avoided. I have also been able to obtain such a modification of the Militia Law, as abolishes the Lieutenancies in Counties, which were not only inapplicable to the circumstances of the Province, from the want of characters sufficiently distin- guished to fill them, but by interposing the person in that situa- tion to commission the officers, and issue all orders in their re- spective Counties, kept the Governor too much out of sight. The Legislative Council, originally nine in number, is now reduced to five members, including the Speaker, whose attendance can be re- lied on. Mr. Grant's age and infirmities and his distant residence render it impracticable for him to attend at the season when irr ii in 138 LIFE AND LETTERS OF RICHARD CARTWRIQHT. the Legislature is usually convened, and Mr. Duncan hath vacated his seat, he residing in a foreign State beyond the term prescribed by law. It has therefore become necessary to appoint some new members, in order to give this body, which forms so useful a counterpoise to the rashness of the House of Assembly, its proper weight and influence. To recommend the persons who may occur to me as best qualified for this purpose will be the subject of another letter. I had flattered myself that in the Attorney-General I should have found an able and faithful adviser, and that his conduct would have added strength and respectability to the Government, but in this I have been most miserably disappointed. He not only has the most ungovernable temper that ever man was cursed with, but is withal self-sufficient, mercenary and rapacious. I give you the following as one among many instances of his indiscretion. In the session of the Legislature that was held in Feb., 1808, a Bill was introduced into the House of Assem- bly to alter the present mode of administering justice in civil cases by establishing in each district Courts of concurrent jurisdiction with the King's Bench in such cases. Without waiting to see what was likely to be the fate of the Bill, or what shape it would assume in its progress, he immediately presented a petition to the House, in his capacity of Attorney- General, requiring to be heard at their bar against the Bill, and this not only without my concurrence, but contrary to my remonstrances and even injunctions. His petition was treated, as might have been expected, with contempt ; but it was not easy to remove the impression which it gave rise to, that this egregious piece of folly of Mr. Firth was a measure of the Government. As for the Bill in question it came to nothing. Jnstead of setting an example to the rest of the bar, of decent .iillll! mill" i ill IHT. LIFE AND LETTERS OF RICHARD CARTWiUQHT. 139 ncan hath be beyond ! necessary this body, the House ecommend )d for this i flattered I found an ould have mt, but in ! not only vas cursed >acious. I ices of his : was held of Assem- ice in civil concurrent Without le Bill, or imediately Attorney- e Bill, and ry to my as treated, b was not that this re of the ) nothing, of decent language and demeanour in Court, and a proper respect for the . Bench, he indulges in the most intemperate sallies and insolent abuse against his opponents, and has on this account been more than once involved in very serious personal difficulties. Should the Bench not concur with him in his opinions, which are full as often wrong as right, he does not abstain from the most indecent reflections, exclaiming that he has no chance of obtain- ing justice, and uttering other insinuations equally improper and disrespectful to the Judges. Nothing, indeed, has withheld them from making the strongest representations to me, in form, of his improper conduct, but the fear lest His Majesty's Minis- ters, from the frequency of my complaints against the public officers they send to the Colony, should form an opinion that I was improperly hard, harsh and unreasonably difficult in the article of their behaviour. His accounts are swelled with charges unknown in those of his predecessors, and though these are, of course, struck out at the audit, yet they evince a disposi- tion not very creditable to the character of any man, and might, without any great breach of charity, lead one to suspect that it might induce the person in question to avail himself of his official position to multiply prosecutions with a view to his own emolument. From this sketch, which is very far from exaggeration, you will readily believe that instead of leaning upon him for support, or recurring to him for advice, I am obliged to be always upon my guard against him, and to exert my authority, which is not always sufficient to keep him within proper bounds. The situation of the Governor of a distant Colony has, with the best aid that is possible for him to derive from his subordi- nate officers, enough of perplexity and vexation ; but when those who are sent expresslj to assist him in the administration, ! 140 LIFE AND LETTERS OF RICHARD CARTWRIGHT. Jbecome the principal sources of the embarrassments he meets with, it is hardly in human nature to support it with com- posure. On the opening of the session of the Legislature which hath just teminated, I received the most respectful and loyal addresses from both Houses in reference to the present posture of our affairs with the American States, and the representations of the dispositions of the Militia received from various parts of the Province are flattering. That their loyalty in general is to be relied on, I am ready to believe ; but unsupported by a com- petent military force, it would be too much to say that they are equal to defend the Province against the force that may be brought against it by the Americans. At present we have in all the different posts of the Province, on a frontier of more than five hundred miles, only the 41st Regiment, whose strength upon paper amounts only to , but whose efficient force, from the number of old and worn-out men, is in reality much less. This weakness of our military establishment has not escaped the notice of the Indian tribes who have been hitherto friendly to'us,'and my information from the agents of Government among them, as well as from other sources, leads me to believe that unless this establishment is very considerably augmented we must not rely on their co-operation in the event of a rupture with America. Your friend Mr. Bond,* who is deservedly in no great repute in this country, and who has completely imposed on the Lords of the Committee of Trade and Plantations, not satisfied with !i ! ill 1 1 i ) * This man, a hatter b}' trade, but too idle for his business, of character the very re- verse of respectable, went to England in 1807 with some communication from Mr. Thorpe's Agricultural Society, and without any recommendation from the Governor procured an introduction to the Board of Trade, and under pretence of growing hemp, and extending the culture, by his example and instructions, cajoled them into an ap- Sroval of hia project, and through their recommendation obtained an order from Lord astlereagh for 1,200 acres of land, one-half of which was to be cleared, and if the Gov- emor had not any such in his gift he was to purchase it. IT. LIFE AND LETTERS OF RICHARD CARTWRIGHT. 141 tie meets ith com- re which ind loyal t posture entations s parts of leral is to by a com- t they are t may be e have in r of more B strength ent force, lity much has not 1 hitherto vernment o believe gmented la rupture [at repute Lhe Lords med with the very re- bn from Mr. Jie Governor ^wing hemp, into an ap- ; from Lord i it the Gov- the 1,200 acres of land which I shall most certainly give him, agreeably to Lord Castlereagh's order, now applies to me for money about which His Lordship is silent, and which I cer- tainly should not give to a better man than Mr. Bond without further authority for so doing. He would be more likely to spend it in some other way than in the culture of hemp. I would not, however, be surprised if the gentleman should in consequence complain of being thwarted and ill-used. The cul- ture of hemp is in a better train than Mr. Bond is likely to place it. The Legislature have appropriated a sum of money to pay the growers of hemp in every part of the Province a liberal price for it on the spot, and through commissioners ap- pointed for that purpose two considerable parcels have been consigned to Messrs. Brickwood & Daniels, in London, one in 1807 and another in 1808, and during the present year a larger and better sample will be shipped. 142 LIFE AND LETTERS OF RICHARD CARTWRIGHT. CHAPTER IX. ! I INCORPORATION OF KINGSTON — LETTER TO HIS EXCELLENCY FRANCIS GORE — OBJECTS TO FEE FOR MILITIA COMMISSIONS — LETTER TO MAJOR m'KENZIE — AMERICAN TROOPS ON THE FRONTIER — SHIP OF WAR BUILDING AT OSWEGO — U. S. NAVAL OFFICERS IN KING- STON HARBOUR. IDEAS ON THE SUBJECT OF INCORPORATING THE TOWN OF KINGSTON ARE SUBMITTED TO LIEUT. -GOVERNOR SIMCOE. First, — That the corporation should consist of a certain number of persons, suppose four, to be increased in proportion to the future population of the town, to be appointed by the Governor, or elected by the inhabitants, or partly one and partly the other, for the purpose of regulating the police of the town under the following heads : Regulations for preventing accidents by fire. The times and places of holding the public markets. Establishing the price and weight of bread. Regulations for improving streets and keeping them clean. Fares of carters within the limits. Second. That the power of granting town lots should be vest- ed in them, under the same instructions as were formerly laid down for the Land Board, with a small fee for their clerk, who is to be appointed by themselves. Third. That a certain part of these lots, suppose one-sixth, shall be reserved, and, together with the water lots and the vacant ground beyond the limits of the town plot, and such as IT. LIFE AND LETTERS OF RICHARD CARTWRIGHT. 143 Y FRANCIS LETTEE TO riER— SHIP 3 IN KINO- TOWN OF SIMCOE. a certain proportion ited by the one and )lice of the may hereafter become vacant by the dereliction of Government, be vested in them, with power to lease or ahenate the same reserving always a certain ground 'rent, and the money so raised to serve as a fund to be applied to the improvement of the town. That they should be empowered to purchase ground contiguous to the town, for the same purpose, if they should deem it expedient. That in the event of the town increasing beyond its present limits, their authority shall alsoextend over such addition, and include what is usually understood by the suburbs of a town. And it might also be expedient that they, or any three of them, should, six times in the year, hold Pleas of all causes under a certain sum, suppose .£10, arising within their limits, to be tried by a jury, following, as nearly as cir- cumstances will admit, the rules laid down for the proceedings in the District Court. I would not deem it expedient that this corporation should possess ^^y power to prohibit any per son whatever from exercising any kwful profession or calling within their limits, or to require any fee for the admission of any such persons. LS. em clean. uld be vest- •rmerly laid clerk, who one-sixth, )ts and the and such as To His Excellency Francis Gore. Kingston, 18th April, 1808. Sir, — The post some days ago, brought me a letter from the Adjutant General, enclosing the new MiHtia Law, and the schedule of fees intended to be charged on the commissions to be issued from your Excellency's office in consequence of it, As commissions in the Militia have heretofore been given free of expense, as well while we were a part of the late Province of Quebec as since we were made a separate Province, this measure, however trivial in itself, will give very general dis- satisfaction, and b'd made the subject of much obloquy and mis- 144 LIFE AND LETTERS OF RICHARD CARTWRIGHT. representation. Of the persons most concerned, some observe that however proper it might be that they should pay for a commission for any new aCppointment, yet for the mere renewal of the same commission under a different form they ought not to be put to any charge, and that if the Legislature have made this necessary, they ought to provide for the expense attending it. Others say facetiously that thej' have no objection to the price of their oommiss.ju being deducted from their first muster's subsistence. That those who wish, at all events, to find fault with your Excellenoy's^administration, will say worse of it, you will hardly doubt. However disposed I may be to acquiesce in this or any other regulation you may deem ex- pedient, I consider it as my duty, and what you will expect from me, to acquaint you with the public sentiment on the occasion. What weight it ought to have is for your Excel- lency to judge. As it has become necessary to form another com- pany, this and the details required respecting the ages, &c., of the different officers will take up some time, and prevent me from replying at present to the Adjutant General. It would seem that the C iment at home deem the Militia of the Canadas of nsiderable importance, from their sending out for th* .x inspecting field ofi&cers with the rank and pay of lieutenant-colonels. I Sill i ill To Majm- McKenzie. Kingston, 2nd Nov., 1808. Sir, — Soma movements of troops and other transactions are taking place on the American frontier along the St. Lawrence and Lake Ontario, that ought not to escape observation. Within a few ^eeks more than 200 regular troops have been stationed between Great Sodus, about 20 miles to the westward of Os- GHT. me observe I pay for a are renewal r ought not have made e attending ction to the their first II events, to 1 say worse [ may be to y deem ex- will expect ent on the our Excel- lother com- ,ges, &c., of prevent me deem the iance, from icers with v., 1808. actions are Lawrence m. Within 1 stationed ard of Os- LIFE AND LETTERS OF RICHARD CVRTWRIGIIT. 145 wego and Ogdensburg, of whicli there are two full companies at this liittor place, wliich is at the head of the rapids, on the site of the old fort of Oswegatchie, and other troops are stated to be actually on their march to augnuMit these several detach- ments to a thousand men. Colonel Simmons, who is to com- mand these troops, is said to have declared puljlicly that they would be augmented to 2,000 men before t' e spring. He is an officer high in the confidence of the American Government, and is now actually examining the banks of the St. Lawrence for the most proper military stations. The ostensible object of all this is, more completely to enforce the embargo ; but the vessel building at Oswego, which is to carry 18 guns, besides a 24-pounder in the bow, is much less adapted to this service than armed boats ; and it is now known that there were on board a small American schooner which put in here a few days ago, under pretence of being driven in by stress of weather, two officers of the American navy, who came for the express purpose of informing themselves of the different entrances to this port. She came through the passage at the head of the Isle Tont6, and anchored in that neighbourhood a day or two. It is, in short, considered by some of the most intelligent men among whom these preparations are carrying on, that they proceed from views not altogether relating to the embargo, and at all events they appear to merit the notice of the Commander- in-Chief. I am, &c., Richard Cartwright.