IMAGE EVALUATION TEST TARGET (MT-3) // s^.. f the Nal«- rali-/,ation Hill. Til lioberi lia.iaal lii^q. (t member of the provincial parliament of Upper Canaloii. jrSSP KRT<'HU1V1, ( Ar.KX.BUItNSIDE. J JO'^KPH SHEPHI RD, ? Committee. THOMAS STOVKLL, \ York U. C. April II I8ii>7. To Messrs. Jesse Ketehnm, Alexi.iidi-r Rnrnside, Joseph Shepherd, and Thiimas Stoyell, the seli'de-unmittee of the inh;ibitaiits of Upp* r Canada, whose riKhts nud privileguH were threatened by the provisions of the laio natural' /;af ion biMs. GKNTLK5IK.N : In ohedienre to your instructions, of which the nhovc arc a true copy, I proceeded last spring to London carrying with me the petition of the people. On my arrivnl in thut rity on the 24tn Slay last I immediately waited upon the rifjht hononraide G< orge Canning, who very politely referred me to tho Colonial Department. F accordingly presented my credentials lo the right ho.'ouniLIe Mr. Wilmot Morton, together with a copy of the Cpper Canada petition. On the 7th June I hi-d the honour of an interview with Mr. Wilmot Horlon, on the siihjeft of my mission. On the 12th June, Mr. Hntne the member for Aberdeen whs pleased to present the petition of the people relativu to naturalization, in the house of (Commons. It was ordered tn *»«' ""•inteH. On the Idth June a tiill to naturalize certain persons M-stdcm lu lUx pro- Tince of Upper Can ida wns ordered by the Hou^e of Commons to be brought in by Mr. Wilmot Hi>rton, Mr. Alti»rney General, and Mr. Solicitor Gene- ral ; but as its provisions did not meet my approbation it was not proceed- ed in, but layover for amendment at that late period of the session. On the 21st June i received the following note from the under secretary of state. " Mr. Wilmot H<»rton presents his compliments to Mr. Randal, and re* quests that he »vill call at the Colonial Office at half past 12 tomorrow. DowHinif Street 21sf June 1827." On the 22Md June I accordingly waited upon the right honourable gentler- man, and had another interview with him upon the several matters con- tained in the petition. On the same day I received from Mr. Hume and Mr. Warburton, two of the members of the Brilisli Parliament, an interesting statement which be- ing important to the petitioners is herewith respectfully submitted to your consideration. Bryanstone Square, &2nd June 1887. Sir:— Asyon were not present, last night, when the Cannda Clergy Reserves Bill wi'S read a third tiirie. we think it necessary to inform yon of what pas- sed in the Honse of Cinnmoiis at that time respecting the civil rights of those by whom you were deputed lo this country. Mr. Hume requested " to k'Hiw from Mr. Horton whether, as he did not "consid'rit necessary to persevere in the intention of bringing in th'- Bill ** for seitlini; the civil rights of those who had petitioned the House (for whicli "tho House haJ •' uiven liim leave on the ISlh inst.) the British Govern- " ment would rieod out such instructions to theGovernmei^' of Upper Caiia- * <)h as would sccMro the speedy eelUement of all the exibting doubtb boihr Amen QrE«eiiiMy of lT|i|i».p C:in;i(l)i for that purpose; and thai, if un- " fortiMialely any difficulties should arise, butnhich he couU: not foresee, •' he should most iind(Kibledly iutrudnce in the ensuing Session a Bill to carry •' fliise objects into effect." Mr. Hume replied *> that he was perfectly satisfied with the statement of •'the Rinht Flonorable Gentleman, and placed perfect reliance on his decla- *' ration that every thinft promised would be done." We hope that this public declaration in Parliament, and in the letter from Mr. Norton to you will satisfy yoin- mind that the Covern nent intend in gi«od faith and sincerity to do justice to the persons you represent in thla country. We would also state as our opinion that, at this late period of the Session, anil in the present state of the administration, the mode, to he adopted by the Colonial Government is, on the v\hole, the best that can be followed, and wo most anxiously hope it may be attended with all the desired effects. We may state that Mr. Alexander Baring, .VI. P. expressed to Mr. Hume his anxious hope that the Government would settle all the dnulits and fears no V existing as they pr mis d to do, and that lie waa antisAcd wilti the mea- sures j)»uposed bv Mr. Hurton. * We remam, Your obedient Servants, JOSKPH HUME. UK.MIV WAKBURTOX, Mr. R. Randal, ) „ .„ » oo r* • l... Deputed from Petitioners iu Upper Canada. \ . «" " at 22 Do« n.ng bt. Having entrusted the petition of the people to Mr. flume. I took the li- berty of asking him several important questions then to relating ; — These, together with that truly'honourable and patriotic njember's repiier, are her»> with submitted. Questions put by Mr. Randal to the Honourable Joseph Hume, mem- ber of the Imperial Parliament, June 23d, 1827. l«t. Is His Majesty's Assent to be .'ithhetd from the Naturalization Bii that passed the Legislative As- sembly of Upper Canada the last Session ? 2nd. Is tke petition from Upper Canada, presented to the house of Commons by you, entered on the Journals of the House of Commons ? 3rd. Can that petition he taken into cunsideratiim in the ensuing Session of the Imperial Farliaiuent t' Answers by Mr. Hume, June 24tti '.i;27. 1st. Certainly— ^-Mv. Horton has stated that his majesty's assent shall be suspended & orders sent oui to pass an act to carry into cfft ct the inteu» tions of the British government, as stated in Mr. Horton's letter of June 10, 1827, to you — 2nd. Yes; and yo»i shall receire a copy cf the votes of the house ia which it is printed. Srd. Certainly — Any member of the House may then bring lorwaru any measures unit, which thi^ tirc^ juno qsiu|>etuit t» do; thly WI'WI' :-ll M Rm'ORT OV TIIK 4lh. Will llip nu'lifs k. pn\il.-n.- ■ thitH<> |iprK<«'(l us to tlH-iil»'i iR duly 'latiiriilizi'd snhjcrtH. b.' (iiiiilly sitili'd. (either l»y Art of till- !.t n;i«l.iti\»' .'\ssfinlily of L'pjm i <■' . > .! i.r hy Acl of the Jiiijiurial PariiiUiicutJ I 5t!i. It would l»e salisfartory to Jtt»' to li ivi o H<'ial copies of ihi- eor r(>ii)>oiul(>nr«^ Ihiit li.ispiisst'd hftwrni Wr. Hortori and inys»'lf sinrc my ;ir- riviil ill Kiit^liiiid imIU tM-r.ir iiit House uf Commons— can that he done ? ei!i. Ah tiic discontent and unplea- sant feeiinj; ivliicln!xist in Tpper Ca- nada extends also to Lower Canada and to the other IJritisli Colonies in No't'i A n I'iiM ; can any means be fliopted t<( procure the appointment of a cominiission of 2 or 3 competent gentlemen to proceed to these Pro vinces and enquire, on the spi)t, into all the complaints and grievances t^hJch may exist there ? 7fh, Will yo!i (rive notice in the House of CoiTiiU'iiis be.forti the ad H.miiment >fi he House, that you will orii)^ forwird 111" state »»f Upper Ca- nada in the iieM Session of the Im- perial Parliameiii, if the complaints r» uMi'dmt; our Civil llij^hts and other g'c.inds of co..(i>l ij I ii- • not redres- «e(l r kkOii^ar ilAiNDAL. 4th. [ understand ft to he the fntct- (ion of lyor I (iiiderich, Secretary to the Coluiues. as stated privately to me and pnhiicly in the house of com- mons hy l\lr. Morton, to suspend hii» majesty's approbation of the hill Ute- ly passed in Tpper (7anada (a» stated above) nr.d to send dear and distinct orders to the executive government there, to that efleet. and the sfrnnp.'St recommendation to the legislative as- sembly to pass, as speedily as possibh; an act or acts to settle all I'heue doubts and secure to fht S" settlers all thr; riii^hfs and privile^'es they enjoyed, un- challensred until 1820; — .\fid further, that if any objecti- ons should arise, or di ficulties be raised, in the Legislative .\ssemhly to carry these wishes and intenti-ns of the British Coveriimenl into effect- lie (Mr. IFortcm) will in the next Ses- sion introduce a Bill into the Imperi- al Parliament to do so. .'jth. There cannot, I think, be any objeclion to that bein^done : and Mr. Morton has infurnoed me that he iii- tijuveriiment vill adopt that course next year. 7th, I will now give notice in par- liament; Ik. if supplied with all the reijiiisife information to make mc completely master of the several grievances, lately stated by you, I shall brinjjjthe state of these provinces before Parliament iu the ensuing ses- sion. JOSEPH HUME. M 'f*4:r^*-..v';^^lafc-»,^ '-='■*■'* A --•« J '^rfijH^-' ■»*-<»••» he int«»- ••■t.iiy to atfly t» I'of cnin- ipend his hill I itc- ;is sfiitt'd d liisfinct vcrniiunt sfrnnj;t.'st il.itivi- aa- is i)ossili|H «»' Houlits rs all thf! oyed, un- y ohjecti- ullics he ^I'ftihly to Kiiti'-ris ot O I'fffCt — ni'Xt Ses- le Iiii|»t'ri- k, ho nny : and Mr. hat he iu- onfijly im- that the ly acquire f the real ly the en- th« spot at I took vn\ in Rn- r»e to Mr. H not pre- for rea- ls opinion ment viH c*' HI par- h all the make me seveial ly you, I provinces luipg ses- UME. AlIF.X QlTF,STl6V. G ftu tlic $01h June I addrrsscd the ri^hl lionoiirable :i«itli lie (.ityt eieu in tlie 1 aw, wotdcl satisfy the inhal»itants of Upper Uanada, an>l his Lorjsliip hail the strongest grounds Ibrunlitiputing tlie cordial concurrence of a// classes ol' i S(tcietyin the IV ivince. .\lthiiu.^h it now appears that some misconcep- tion was entertained, as to the r«al ohject of the parties inttie^tei: in this question, yet the Lieutenant (jiovtrnor and Legislative L'ouncd of I p- per Canada, cannot be considered responsihie iiir thcjse parts of the jire- sent Bill which have excite I the most earnest opposition. Lord L>..th- urst's instructions to tin; Lieutenant (jovernor, founded as they were, » upon his Lordship's impression, that tlie ine.isnres proposed >voul . he satisfactory, were peremptory and left the Local (iovernor no discretion on the suhject, witli regard to tlie measures now to he anopted hy hi^ Majesty's Covernment, for setting this question at kist. 1 am instructed by Lord Goderich to make to you the following comraunicathin, with respect to the heat mode of folluvung up his JHajt sty's conciliatory in- tentions as expressed hy the late ftecretary of State. The decision of his Majesty in Conned upon the liills respecting aliens transmitted at the close of the last session of the Fruvnicial l'arliaiu< nt, will he suspended until the tinal decision of the (luestion:; which have been brought into disc us don. 7 Lord Goaericli is re.idy to admit that all the rights and privileges of British Subjects slionhl be imparted t(» the whole of that class of Per- sons who have settl.- 1 in Upper Canada in reliance upon any assurance from his Majesty s Government t-.at they should be received in that character. It will of course be convenient to define more clearly the particulai" I individuals in favour of whom this concession shouhi he made. They may thu'ufore be arrange i under tlie lour IbUowinif heads:— i m^y.^ _i-vsj»:.^ .: L, ^ I," B Rrpokt ev thl: FuLlo. Pir«it— .All pprsnn* wIjo have rrceivisd Oiants of Trfiiid (i«in the Vm vincial (ifi)v»'rnmciit. S j.ditlly— \ll iHTHotm who have hclil any piihlir (iHici-a in thf Provinrr. Thirdly— All pirsoiis who have at any tinv I»»'»mi a:iy be known what particular persons have avaiie 1 themselves of the proposed indulj^encc. X4 It will be uuderstooj thatall these rules are to he reiro8pectl>e only. The terms upon which it mty be prop, r to natuiidize perscms hereal'ler res >rtiiij; to Upper Canada or to any other of his Majesty's forei;^n p,,s- WHsi.ins miy proliably at in early period engage the distinct attention of His M ijesty's (iovenunent. It Will also be necessary to observe that the proposed enactineuts ur j^ not to have t!ie rflfi-ct of repealing any existing Btatute of the pr t't leO-at a. ly title to lands acquired by iiiy prion, or by the Parents <>r V ic-stors of i.jy 1\m-h.iii. uatuializ- ei uii l.r t;ie proposed act. The uir nitcrid lilRculty would arise in ca3 'H where the a< kiiowledgine t of tiie IJrilish character of .my in.tivi- ,^7 Juil night lefeat tile le/al ri;^ht of iiv other piivatf [)erson. Up m tliat suoje* i Lor i Go lerich can of course state only iin general principles wnich it appears to iiiin just an i r • sonable to establish The necessity of miro lucing \\\ |) irtic.dar exceptions must be referred to the wisdom of the Provincial Parliament. Thegenerd principles to which I advert are the fodowing. Property ^% which is now held by titles wiiich in strictness of Law might he invdid on ;iccouut of the foreisu liiMi ^il' Uii- pespiif hoi i.r or of my of jiis P;e lec'-s.sors lu lit lo he cuniirmeu, if th« i>ru8ent koidiir h naturalized Ttaucr \.\if^ lutcuacd act. ■lif Jikk'/ I" Alien QiJFsrroN. (1 the I'n* Priiviiicr. Htl by tlic 'Kiuncc. th«'ir art- li;-2(». To ;liHh birth rsoMs who I tfn'ir pa- o fxcrriso II i(li of !ll- jr afliniia- iifeh.ihie- liti<^ wiMiiu r iloinirile ntly to tlio \f to \nn iir:ili/.('il afi "nh r«'S|(. ct I'iiNi. that I'fxM' (hy ' that Ihi y \j iillli'iia- »in ■ I'lrilic t t Kiy be ■ |)r'>|>c- it the "title s anjiiirfil iiatmnhz- iilil arise in tny iiilivi- llpm that principh'S ' necessity u* wislotii Property b«' iiivilid my of his laturalized l» on W ?1 Bijt il" any nrrsoii h in posansHion (tf property, which ho Iirn arfj> n-d I t\w urouml of th(! forci;?n birth of any other in lividiial, that poHM'9» HJon ouutiit not now to biMlistiirbtMi, or in shorter tT.ns, tii,. |e«i| ,|isa. hility of any iiatnrahzed alien, or of his |tre leressorH, shonhl not b* HJioweil to impeach any title, except those which were actnally i.npeached before the pronii;l;;ation of the law. It shonl J l»c provided that thoHe rules rrspectinR property are to have their operation from the iC.th diiy of .May lll^fl, the .lay on which the act WHH passed for enabling the le;;islatiire cf Upper Canada to impart, all the privile{reH of I'^niiiish birth to aliens. As yon have been deputed to rej)resent the interests of the purtiiyi more immediately affected by the recent measm-es. and as you h \e presented a petition to parlinment on their behalf, Ijord (iodericli iiaf deemed it expedient that you should be apprized of the view which liJH Lordnhip lias taken of tl-e suliject. I have the honor to he Hlr. (flifned) KoBEiiT Randal, Esi^i/ihi::. Your most obedient Humble servant, It. VV. HORTON. The importance of the last received communication from the colonial department, toRcther with the many |)oints embraced therein, reipiiied niy most careful consideration ; accordin;;ly, on the 'iUth June, I sent a letter to the colonial office ct)ntainin<<; my opinions of the n)easures contemplated h^ Lord Vscount Goderich. A true copy is hereto annexed. June i'Jth, 1027. No. 27 Wood Street, Mill Bank, Westminster. Sir, 1 have the honour to acknowledpre the n-ceipt of your corr.inunication da,- Ird the 28th mstant, and the pleasure I feel that Lord (joderich has t^iven his consideration to the copy which I transmitteil to the Ctdmiial Department oi his Majesty's fiovernment, of the Petition addressed to the British Parliament, by certain land-holders and otiiers, inhabitants of the Province of Uppi-r CV iiada. I have also to acknowhidi^e my great satisfaction at perceiving at the sever?'* mterviews. with which you have honoured me, that there is a sincere and aiix/ ious disposition on the part of his Majesty's (loverninent to comply with the prayers and representations made by a large portion of his Majesty's sultjects ia Upper Canada. I beg to state what I have so earnestly endeavoured to impress upon you, that it is of the utmost importance to the peace and happiness of that Province, that the fears and doubts, respecting their situation, (the pctitumers of L'pper Canada,) as to their civil rights and the tenure of their properly con£:e«]uent on them, should be settled as expeditiously as possible, and that no grounds of variation from the wishes and intenti(nis of his Majesty's Government should be risked with the authorities in that province. I have therefore mo=t rcspectfidly to submit to yovi, that after the proceedings which have been taken by the government in Upper Canada, purporting to be in obedience to the direction signified to that govertmient in I^jrd Hathurst's despatch of .Slst August 1C26, it is extremely desirable that His Majesty's gov- ernment in England should immediately adopt measures here to carry into ef- fect their intentions. It may not in England appear of much consequence that this subject should he delayed another year, and perhaps when I foresee, that after the lapse of ^uchttsie of uacertaiiity and dissatisfaction, the pctitionurt* may again have to «.&►*►....-- ...i^.^--^'' ti RkI'ORT 01* TIIW I I V( V 'V if apfM-nr at tlir Imrof Ihr Hrili«'ii r.iii.imfiit, to rliiim tln-ir prdlcclfoii: I fuu ax-nrr joii, llmt lit- iiiiimM!ini»» mcIIU imnt of ||h'c«» t«u snlijirtx is (if ihi-iuoHt vital iiii|iortiitirn to tin- peare, lia|tpiiifHx, an I \v« Hiir)' nt I |>| rr CimiulH, nm I Hi'Hf liii,iif>ly vi^nt'irt! til iir/"tii«' n'rniiHi U-ralion of m) r '|iirst and of th«' n*- niifst of all (III' |)<'titiiMii r ; tliat yon will \m»';, into |i,ii'Iiai)ifnt thf till ofwiiirli yo'i t^avc notice, whi»li uoiil I aii(tw»rrv«Ty ohjeit wr liavi- in vi«'w, ami a»- •lUif adv. iiit !',•;••» to till- pro* in.'»', of wliirli 1 cannot vwf yniinn iKU'iiniitr iiit-a. The prayiTiif the petition fiom I'lnxr (^ul:l'ln wliicli I had th<> honour tu br.np; to the liar of tlip llorinuralili llnnHf of ('nniniont*, and the jnMii c of which yon \vt re pleased in yoin' jilace t<» apprnv*-, is, that tin Imperial I'arliu- im-nl wotdd redress their 'grievances and not leave tin in to Iip ealt uitli liy the pnivinci d t;iivi rninent, divided, ^nd diflVrini; as their lute pr(tceedini;s huve proved thcnj to be. I do therefore, must anxioiiHly ami nooHt resptctfidly, h.< you rv^uu\ the peace, happines!> mid welfire of |l|onsaiids w Im have devoted themselves ttt •npport his Majesty's Oovernment for near half accntnry, and « ho haveheen proud ill Ihenaine a' d litle of British snlijecls diirinu, that lime, reqnisi you nill Niihinit to liOid (Soderich my lunnhle solicitatinn, that the hill of whicll yon have i^ivcn notice in the Imierial parliament should he |>r)>ceeded ii. ^^hnl IV isihe whject of my niis> ivileg. •> id imnemi )••« of liiitisii burn Buhjtcls nonvillibliuidinj; any aclorl^w dc* €hiioii to tht; cuiiiiaiy ih«rt;uf. i Mr A I ir.v (ii rPTioN. y >ll : 1 tail if th«' iniiNf iiula, iiiK I oC thf n-- ill orchil li V, and as- iiittc ii!fv»'riiim'nt ll|)|)ill'| of X' Itritirtli llt'iiifM in inly willi ly ie<|iit'»t Jii|>t.'r Ca- may DcKJU, iiid ;> in vii-w., leltUniMiit must \m It fifrtinu liiHt the i'V«iit cho voted fop liallfiigfd li a stiitc ted to the tilh yoii, i» ensuru now he- ^♦•rrinitiit Im|'< rial seroj «||y II «nj ivilrg* r luw dc* And thnt t1i«> ('hildr«>n nr iiiort rfnioli* «l»'xi'«'iul>uil ;idiiidH-d to lh<' Ham)' |>ritil« (;i H nd iit;l)lx, xs ihi ir |i;irriil>^, anrc'toiM, or ri la- tioh'j, if ii(»«\ liuii;(, < iMild ijaiin midfi iIhh propuxi d liil . I am of o|iiuiori that th»- atio«i* Mliort aod •«iin|i|r •■na4'tin)'iitr« uliitli could not lit- iui!«iiodi'iitlo*>d l«oidd afliird all the rtlit f that I Holici' all which thf |irotiiii f ran di^iii. With rfspt-rt lo tin* '2d tmhi of |i»'r»oiiH not fdlinj; und«r th»* 1 claM>»»>. al- ready notii'fd (F. II 1'2. I.). !v 11 ) I think that the 7 y<'ar« rfsidtiM-i' nl'n-y 1)1-2*), ihf takinK till* oath of all. ';;ianr<' and tin- rr;;i!tli'iinK that allrt;!!.!!!^ at htit'tofor*'. wil' MH't-t the a|i|»r<>lt,ili(>.i if all rla!*M'H in thr I'r'innii-. Hir, I mil'*! ohji-ct to lilt! modi' pn^tcrilied in the hill litt-ly pass* d in I |>(i«'i ( niiida for iiatiiratiKalion, wherfthi* a;;*', pariMit'snaiiic, hii« placi' of l)irih,iind Hhju- raiiiiii of all other icovfiiiinint^ S(v. art* ici|uiii'd. I inoMt rfupet'tfidly sii'nnir th.it if (is staled in F. \b.) the proponid " ♦•n» aclmfiilM, uri' not to havi- tin- • flVt t <>f rt [xalinn any exir-iinn .^liilnie oi the province or any act of till- Uri'ish |>aili.>nnMit," they will eflVctnally rt luler th> jiiHlice and the henefScent inienlions of His Alaje-^ty'ti (Jovirninent nn^ii- tory, and of no • ITeci. And I htind>ly corn-eivf, that mm Ihc douhtu re|iectini; ci«il ri|i;htrt i;d the claims (i) titlen lo I roperty , aioMi horn c< ntiiruclii i>^ |i;i%i n hy Ihe law < ilicers of the crowii, and ilnon^i^h thiir i'X|'i.fi'aliot. nl theexi'.iiiK Liilish I. w^, it docn not appear po><>ihle tti net thnite doubts xatinfaciorily ai d hI hy aiiyothcr means, or in any other way, ihan by a hill of the Imperial I'arliaineiil, > ith* cr n-xnectiiiK such acts, tti prnperty in Upper Cinii'da, is «>f the most \ital importance to its prtisperity and peace, 1 \en* tmetosulirit the particular attentiim of His Majesty's G<>«rrnmeiit t*i iliat •uhject, and I would »uj;i;est, thai inste.id of the iiistructjins proposed (i'. P- III i*> i\, to the {;oti inni< lit in Upper Canada) llial a siio:-) rhniHe bhonul be iiist^rledin the hill respecliiiK nalnrali'A tion, lo tht f>Mnt, or precluded from the lecovi ry of any lands, lenemi nts, tir Inreditaint i ly, in the Provitice of Upper Canada, tin the ijrnund, that such persons or ilieir representatives, lliroii;;li whom he m ihcy may claim, was an alit ii, Uu;, e- very title, right, and claim shall remain and he as valid and as good, as they were ctinsidered l upniions, of either thel.iw ollicers of the trown, ortletisioii of the courts of jur-lice had been given in respect to the rights and claims of foreign proles- lanis. Having a most rrt^poni'iblc trust to execute from ni j fellow subjects in Up- per Cainada, and convinced of its greai importance by my tiwn individual case Hs an exainjile ; I most hunilily, but most eaniesily and respei'fullj, ao- llcit your cordial attention to tlie prayt r ol their petition. 1 have till' hill or to he, .^ir, Vour tn.edieiil huiiili'e servutiti UOUEUT UAAD.VL. ^o tlio Risbt Honor.nhie. U. \V. Hoi ton, M. P. kc. kc. Colonial Otiice, DovvningSlri el kc. On tht> same evening I had iho hoMour to rerelve from Vr. Hnme a letter on the snhject tif my mission, eiiclnsing a pi id ' -li 'i jup. it,>. to the Commotes' Jonrnals. containing: the pt lilioii ui the ^tu^lti oi tui» cvlun^. Tiie«u ducumcnU uru berevvilli buLiuitltdi ) li' '4i 1 I ft i!^' t 1ft Report in the Bryinstonc Square, June 89tl) lfl£f; Bkar flm, I liitvc iitiwthp ploa^nrr to send you n copy of llu< prlition from \hc iiihabi« tiiMts (il rj|)|UT Cii'Mti.i, whirh I prcstMilfd lo tlif lloust" of Commons oo I lie l'2ili of J'm>- inst.int. and wliicli is pr'nitfd in th** votes of tliu House (as No. 111701 Hod cln-ulatfd to evi-ry inrmbcr of the Commons. I 'Host coni^i-atnl tic yon iiiid liu- PetitM)uerH on the prompt attention paid to the pr.iyer «»f tlu-ir petition Ity tlie Coloninl Dtpartment, and in the very atisioiis desire Mr. Mo (oi hits miinifeHttd lo me, in my interviews with him, to do the fullest justice to the Petitioners. I lieR- 1(» Hs-un- you th;it I have had much satisfaction in assisting you nnd the petitioners, and I sliail at :ill limes have pleHsure in forwardinj; the just •wishes of the iuh.il)itanls «»f Upper Canada, where I am aware abuses take place which reipiire the superintend. mce of the parent state to correct. I would further ohsi rve to yon that much abuse lakes place abroad and is 'allowed to continut, from Ihe (government iit liome remaining in ignorance of the truth, and I »oidd strongly nconimend the Inhabitants of every Colo- ny to send to the Colonial Secretary in I jondun their statements of grievance, as I am confident from the dispositi(Mi manifested by Mr. Horloo and Lord Goderich in ye Province of Upper Canada, in British North America, was pre- sented and read : setting forth. That the Petitioners, presuming on the well known rights of Englishmen, rijchls in whii h they ardently desire fully to par- ticipate, humbly bfg leave to rejiresent that nothing shortof the severest afHic- tioir could have driven them to pray for the interference of the House in their behaif; the Petitioners pass over in silence the many grievances which have long called for redress, and which have continued lo increase in that Colony, in defiance of public opinion though frequently and strongly expressed ; but an tinhappy policy now spreads a melancholy gloom over the tvhole face of that Country, and threatens a large portion of the petitioners with the annihilation of their most valued and long enjoyed civil rights, unless they com|»ly with terras most humiliating to the character^they have so long exercised mi peace^ and loyally suppoi-ted in war; a large portion of the inhabitants uf Upper Ca- nada consists ofpersons who, after the peace of I7t!3, came in great numbere into that Province from the United States of America, with the knowledge ap- probation, and encouragement of His Majesty'sGovernment; most tif the Po titioners are of that class, and have from the earliest settlement of Upper Ca- nadaheen tdmitted, .ind uniformly ccmsidered to be entitled, to all the rights and privileges, and subject both in peace and war, to all the duties, responsibili- ties, and obligations of natural-born British subjects ; their confidence w>\rs not merely reposed in the faith of proclamations, not merely in the prevailing and until lately, unquestioned construction of the Ihw in favour of their alb )(rance iiol merely in the repeated reetignition of llnir rights by the Proviiieiil Lo- ?is!:ihire, but they btlieved that the 80th Geo.S. c. 27, oasscdby thtJUritifh J )>.* ^%J. <^- ■^ Ai.ir:\ (Vi'KSrrftv. 11 rtrliament ^xpi'PHsly for thi'iriiivitittiitn into His ^T.^jcsty's Vort/i AmfTtcan ti Mt irii's, w.Mili! iiifiiHialily affind ih«'m, in Ihcfiijiiyini'iit of fhrir liberliiw, a Bcrtirily which no niithoiily l<'ssth;in a htaliitc could violate or di-*!'"'!! : in nil civil transariions in tht* Provinrc, the PetiiionerB havn invariably been consi- dered as British siibject!»; ihey h;*" • taken and held I uid by e;rMnt. purchase, dense, marriuj^e. and inheritam e ; a very large fnntioii of the iiiitivated land in the Province either is nmv held cr hax been held and transferred by th' m without any queitim , until litdy, of their legal capacity to do o; they have been appointed l(» various oflic.s of trnsi and honour undir the Colonial Go- yernm«tnt ; they cheerfully served in the Miliiia, as well in peace, as in the iaie war with iheUniti-d States nf Anwiat, and manv of them have been re- ceiving the British pension since that period, in coiisequei ce of wounds re- ceived in that severe and trying ctoiflict ; they have conlinuiilly held Kciits in the Pi o\incial Legislature, and various Provincial Stalntes (particularly the 5 Hh Gi'< . .S. c. 4.) i;ivel)een passed upon the [irinciple that they wt re to all in- tents and purposes British subjects : they have become connected, in all the relatiofis «>f social life, witli the other itdiabitants of the Province, aiid have contributed by tlieir industry and good order to the tranquility and wel- fare, and by their acknowledged Itravery and l«>y;ilty, to the security and do- fence of the Province ; the Petitioners have pioved how justly they appreci- ate the rights they have si> long enjoyed, and hov fully tliey arc entitled to the confidence, protection and paternal care of His M ijesty's Governm 'nt by the fidelity with wh.chthey adhered to the Royal standard in the recent contest wto'n a powerful energy penetrated into the heart of their Ci>untry, and laid wt-te their towns and villages with fire, sword, and rapine under these cir- cumstances the Petitioners fondly expected that His Miijesty's Government would never i-egard them in any other light than as British subjects, and if from any new ifiscovery in the construction of the Law. their long enjoyed ci- vil rights were likely to be qne-tioned in the Courts of Justice, they had in- dulged more than a hope that a general Law would have been passed, simple and comprehensive, at once eslahlisbing tU«ir pri>ileges beyond the reach of doubt, and ciMifirining the usage of neiirlj half a century; but to their mortification, Ihey find that the Provicial Government hnveembiirras- Sed the constitutional discretion of the House of Assembly, with certain des- patches prescribing the nature of the remedy to be provided, and threatening the refusal of the Royal Assent to any measure not complying with fhesie ia- structions; underthis (as the Humble Petitioners consider) unlue influence, th-' House of Assembly, after along protracted debate (in which members were equally divided for several days) have at last submitted to pass a Bill, un- der th« authority of a late act of the Imperial Parliament, conforming to these instructions, imposing on a majority of the Petitioners terms distressing to ttieir feelings, ruinous to their iijterest, and wholly at vari;»iice with the for- mer instructions of his Majesty's Government upon this subject, as transmitt- ed by Earl Balhurst, and dated •i.iii of July ia25 ; on this Bill, as now pas- sed, the Members of the House of Assembly were so long, and so equally di- videdj that there was a tie in the Coininitttee of the whole, and a tie in the House for a whole week, during which lime the question for receiving the report of the Bill as amended was four limes negatived by the casting voice of the Speaker; and the question for its passing after a third reading, otice negatived in like manner, yet it was again put on the Order of the day, ad finally passed with«>ut further amendment; by this Bill many of the Petitionere who have sustained the character of good and loyal' British subjects in that province for nearly forty ye;.,s, arc ciunpelled to register themselves as Alien8» before they can long''- exercise their linig-enjoyed civil liberties ; this provision the humble Petitioners view as most degrading, for although Aliei.s are gen- erally at first regurdi d with suspicion in all countries, and subjected to many Catilious provisions, resuliMig from a n;iluraland perhaps prudent jealousy, yet l^rsoDB fs hu have been rbcu^uiacd as subjecttt for nearly half a century, en- :ilt.' 1} i 1 \' I 1 1 in 12 Rkfori' ov the joyed all llu'irrigliU and piivilfj;<-^. Id HUl'li. . mil manfully d»'f«'nd.Nl the bjine i:i tirnrs of pi-rii, cannot bnl l\il asliaio.-il and indi^iii.uif at lli»! tlu)n;:;iil iliat, with ri';:ard lo Uh'OI. sncli pioviyion^ should \)v dttiiH-d nuffssarv or rxpe- ditiit; tilt- ft-elings of many of Hit- |\linooer.s are fuillier woui.di-'d lii}ond expression, wlirn lin-y aii- coin|iillt^d l>) llie |>!d()os«d Law, at llii' ihtiI of tlii:i utU'r ruin, lo com*- forward in a fortign ciiaracttr, and repial that allt gi- anre vvhifh Iht-y havr already frt-quenlly lonfiruu'dniider oath, and sealt'd «illl Iht'ir lilood, in d«'lVniling the Frovinte a„aiiisl an invading enemy ; and wlule tilt y thus secure local privileges in Upjxr Canada, they must acknowledge themselves traitors to their native Cou.itiy, in coiisequ.«nce id'haviijg taken up arms against it during the late w.ir ; il is also most linmdiating tiial when lln-y have thus, as i!iey conceive, dej^radid themsel\es, they heeome British suhjecla only in Vpptr Canada, and on en.erin;; any nlher pait of His lajisly's J>o- minifMis. they must, under the jiioposed Law, resume the character and diaa- Lililics of Aliens, wliiliii. in tlie event of travelling through the Unit d lsiat<^ of Anie'iva, the universal renunciation of allegiance ftT ever, covers ihem with confusion, and condemns ihiin as traitors ; thus w hi reier they go, they ftel ihemsehi s pointed at h) the tiiigir of scorn ; and wlide His Majesty s oth- er sulijecis rviay acquire foreign alle|;;,iance, and realize the commercial and Other ad\ant.ges aflorded hy the same, liny are impiisoiied in a manner in Uppvr Canada, and cannot, under ilie proposed Law, enjoy theiigtiti' imd priv- ilt ges of British suhjtcls heyoiid iis limits, w hich w holly exelndes litem even from a free oarticipation in the contemplated canal na\igationhet«een Lakt On- ton'oand Monlrml in Lmctr Canada, w liicii is the first inaikel for tlie|)iodni"e of that province: in I' pptr Canada, \\u-i\ they are doomed to be registered m a booli, to siigmatize them amidst the rest of the ccnnmunity, and to alftnd to the enemy, upon any futnie invasion, an index wlierehy to distinguish those wlio (according lo tile municipal laws of the invadirs) were fitted tinly f«M- the gilihel ; at tile same time that liie I'l titioners register themselves as new -made sulijects. they are compelled, under the proposed Law, to rerounce for ever a'l allegiance to every (tther Slate or jiower, which the Honourahit the Le- gijialivc Council of that Province, ill their Jleport upon this very question iastyear, declared to he inconsistent with high feeling, honour, and probity, and suited to the lefuoe of society ; finally, while the proposed Law profesd- es to relifve thein from their emharrassmeiit, it operates as a severe penal enactment, for every man will he ruined who from any cause omits to comply with its pro\isions ; it is impossible lor the Peiitioners to point out the various 4Mii>,es that may lead to this conlingeucy, but one, very likely to occur, in the opinion ofihe Fetitioiiers, will arise from the circumstance thata large portion of the persons liable to the provisions of the pr«»p08ed Law ar" the descen- dants of Germans, who are w'h(dly unacfpiainled with the English language, and having enjoyed their rights and piiMleges for thirty or forty years, in the «xercisL' of theirpeaceful agricultural pursuits in a remole and thinly settled. Country, cannot at this late period be convinced of the necessity of comply- ing with such obligations ; and should the proposed measure pass into a Law ia that pi'uviiice, a great majority of them "ill not only he deprived of tlieir civil rights, by reason of omitting to comply with its provisions, but also be stripped of the verj farms which they have so long cultivattd; the humble Petitioners challenge the authorities in Canada to point out any thing in their conduct from the first foundation of the Province up to the present lime, Avhich can justify this refined cru.lty towards them, and therefore most hum- bly pray the House to i,iterfere i,i ilieir behalf, so that the Uoyj.l Assent may not be given to the said Bil', and that the House may he i;f ciously pleased to pass a Bill at once confirming the usage of nearly half a centni y, and cloth- ing, without humiliation, the h>imble Petitioners with those citil liberties which they have long enjoyed, for whici llu". have already fought and bletX.. ►md for which they are ready cheerfully to fight agairx." el ml Al-IK.N' Q,;'KST!ON'. 13 •n the Friday prpvioiis to ilu' pi-orojijaiidii of parriampfit I had Hip hniioiir of Itiiiit; ailiuiltiHi to a |M>i'soiial iii>ervii tv with the rii;lil liorouralilf Lord Godi-iicli, at IIh" ('oloiii.il OlHct-, Downing; Strtt-t. Toe prorogrttioii of pailiiinntt l»y commission took pl.i. r on tlic Cod dny ef Joly ; I was iodi-hted to the polilrin'ss of iMr. W'ilinot Hortoii for an ad- misHJoii into Xhv Iloiist' of Loid" on tliMtdiiy. Thi' Hon. a, id K<'V. tin- \rclid.'acon of York heitij; alxcit to f ikc lii< dcpip- turn for Upp«'r Canad i. I av.ul>-d inysHlf of his ki id oH'or to lay hcfore yoa a hrit'f act-oiint of my pntrcediiigs up to tUe drd July. On the 4th July I felt it my duty to address Lord GodT the diuihts that have heen raised respecting our rights. It was your Lordship's opinion, that the instruclious to the Colonial Go- vernment of Upper Canada,— -of which I have been honoured with a eopVt might be amended in several of the classes, and mneh shortenod in th»'ii' pro- risioMs, so as to meet the beneficent views of His iMHJt'sty's Government, in confirming the unequivocal rights of Englishmen to tlie Petitioners. Your LurJshif) expressed your own repuzn:«nro to th<; uhjuratioo &v. The impeachment of property, and the period from which it may take place, re- Ciuireu « grave reflection, and if I may express my humble, but candid opin- ion ; by striking out all the clauses, from the lUli page, the instructions will then be concise and explicit. Your Lordship, will dome much honor^ to direct, thct your pleasMrc may be made know to me ; whether I am to be honored with a copy of another letter of instructions to the Government of [Jpp.T Canada on the subject of the correspondence between the Right Honorable R. W. Morton an Downing Street. ) — — On the evening of the 5th I was gratified by pprcelving, in his Lordship's reply, that it Avas the intention of the British government to meet the ob- jeciions I had in ide to part oi the detail of .Mr. VV^ilmot Hortou's letter, and to keep the national faitli in the strictest and fullest sense with the An- glo .\merican3 in Upper Canada. Downing Street, 5th July, 1827. Sir, I am directed by Lord Ooderich to inform you with reference to the va- v';: wmmmm i Vi lit ■I I u Rkport on the ri ma onmmiinloations, vvritffii and iiersuuiiil, which you have iiiul with thiM iH'patmt'nt, airi nn rc cspfcially to tin- iiiterviiw ivhicli yn! Ihi^ .\>'s« inbly at the earliest period. From the' nu- tur' of the instructions which his Lordship proposes to S've, he cannot doubt that the result will be, the passing of a pr ivinci.d law which will fairly nuet the wishes . fthe petitioners who intrusted lo you the chaige of their interests, an I terminate satisfactorily a Question, which is necessarily of the highest in- terest to the inhabitants of the i'ruviece of Upper Canada. 1 am !Sir, Your most obedt. Servant, (Signed) II. VV. HORTON. R. Randal, Esquire. . " ■M N. pli ce on an( for to inj; \ i On the 13th Jidy I had the honour to inch)"*? for your consideration a fill iher account of my p'oceedings as a^ent for the petitioners. I thnreia slated tt» you the final determination of his majesty's council, and expressed m> entire satiafactitu at our s^rjciDUs soverei;;n's intentions towards a nu-- mi-rous loyal and faithful portion of his subjects in British America- It is a pleasure forme to state to you that from Mr. Warbnrton, Mr. Alex- ander Baring, Sir F'»'»<'is Burdett, >Ir. Broui2;ham. Alderman Wood, and several other leading uir-iutM ■■» ..f tli„ impeii;,! |i:uiiament, to whom I was introduced, ( received kind and iVii udly i.ssura )crs of their anxious wishes that an early declaratory provision miy;lit be made, grantiit^ to all the peliti- OUi-rs in Upper Canada the ri;;hts ol KiKjjIishmtn. B It it is to Mr. Hume that the mosi grateful acknowledgmeiits of the Ca- nadi lU peopit* are due under provid-,•"• Ar.IFN QUFSTION. 15 riblony, is, the nffpr if^norance in which wv. urv in this coniifry resppctinK iht aff;iir!< ol' thf (■t>U>ni('8, and in particuhir, rf:iptcling the British colonics- in North Anfu-ricn. It has hft'n tlie pulley and piartice to discoiintenanre in England all <«p- plications from tliene colonies, atid to stifli- fV»Ty complaint ; and anch pro- ceedingh have hecn too succci*>trul. I ivonid, therefore, advise yonr adopting, on you.- rflurn. a re^ ilar Oi'Kani74td means »»f keeping the British pnhlic ; and, particularly, the independent memb«'rs of the Im))erial Parliament in- formed of all the complaints and fjriev.mces which yon have to make, and to furnish them >«ith tin- inean" uCopposnig them in Parliament, orof ap| ly- inj; to the proper office to have redress. There is always expense in pi intin;;, copying; kc, the various papers to af- ford the information requisite to make memheru aware and to put government on the ulert respecting the colonies, that some person should be appointed altho' not publicly ucki ouledged, with whom a committee at York in Upper Canada should correspond, and a person fit to do all that might be found necessary at a rtasona! Ie« xpiiise, who would ke.i-p the conuuitteu infurined on every subject relating t(» that province. In any way that my strvices can be of use to the colony I shall willingly aid in the reforinatimi of the abuses that exls*., and shall, if required so to do, look out for a prtiper person who should be able to perform the duties fo!" you which I have pointed out. Wishing you a pleasant passage back, I remain Yours sincf relv, JOSEPH HUME. ItoBERT Randal, Esquire. I was unable to wait upon you immediately on my arrival in Cnnndu. Iiav- ing during the voyage to New y'i 'vivr' biei t'ii» 'i 1 1 tur -i i^*' it Li c mfic niu'^ the Commiria«^ ft!) I "V'lriU n I'lv t»t'i"rs. i i tti 'ir I )y «lci):ifUivir,(\ expri'sse 1. ir» tlunr stfitO' m • If n 1 1 • h-»l \ >ril, i 1 'vliich tlicy H;«y : " VVf lo not tliiiik tlit- imperial i:»r- '*-vnw'ii wi-thiitii tiiltH liwi tit atiri l;;^ our civil ri;;hti, make void the "Ki'i^'s dertJs, i»r c'nu;;;!?. liter, or in liit! new coiiJition:!." VVt! have thn limoiir to In*, l)f ir Sir, Yo'ir raithriil Hprvants, J):S«;E KRTCJlrM, Chairmm | THO v] \S STOVKLL, > ^ .„,. \L\iK. RIUl\SID :. I JOrfCl'II SIIKPHKUD. \ «'<'»»'"'"'«• York, December iztli lac?. *' , \,. Kin;;-Slnet, York, 13th Drcemher 1827. Otr urwRf:-—! h:iV(' the honor to acknowlflt;!' your letter, appriving of mT c:)ii liict astUi' a^ent of the iuhahitaiits ofthiH province who petitione:! the Bi'iti^h Pa.rli,iia(Mit a^iinst the Vaturalization Bill of list session uf the Colunit4 Legislature; yi)ur apjir )'»itii»'i iiFirU u" ^reat pleasurts I rumain, Oe it it-men, • Your viTy liuniMe si'rv'f, IMIJllKT IIVNDAL. .^ To Messrs. Jesse Ketchum, I Thomas Htoyrll &. !: . ■ Alex in ItT Fiunisi;l(', 1 J 'S -ph Siieph«!rd : .< Tilo Ca.itral Co.n nitt'-e o.i the X ituralization Hill. (Junnrtt.cr. Ruo/ii, York, \4th Dec. 1827. Sri ;— We the central com nittoe to whom were entrusted the petitions •fif sevTxl thoiHin I ptirsoiis, pnyin;; that the alien l>ill inii^ht not pass into n ] nv. bt'i; ro reM ^t.u t.. tW.. .>u»wp ip»>rH of the lay for a copy of our lirst report. We are satisfied that Mr. Ilan lal, thr a^i'nton hehalf of tne pethloiiers, hath done li'' I'J^y. h:if h cvevtM- ,n i ''i the H )iise of -\ssemhly may feel disposed tf» riiwirl him for his trouhln, we have no assurance that any hill for th>it pur- p()s.« will pa s into a law. W • havu ruiicived, without personal solicitation, in snhsrriptiL, | TllOjiA.S «TOYELi-. ^- I. -*-.^ *";: -■- - ' y. ■f*