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Lorsque ie document est trop grand pour Atre reproduit en un seul clich^k, 11 est film* A partir da I'angle sup6rieur gauche, de gauche A droite. et de haut en bas, en prenant ie nombre d'images nAcessaire. Les diagrammes suivants illustrent la m^thode. ly errata ed to mt ine pelure, apon d 1 2 3 32X 1 2 3 4 5 6 /^f-^. // i^ i/^/^^L-^i CANADIANA: /i^hz^v^ ^x^~ CONTAINING SKETCHES OF UPPER CANADA, AND THE CRISIS IN ITS POLITICAL AFFAIRS. IN TWO PARTS. I '■ " All that bear this are villains, • • • * Not to rouse up at the great call of NalurP, And check the growth of these domestic spoilers, That make us slaves, and tell us, 'tis our Charter." Otwat. BY W. B. WELLS, •I BARRISTER-AT-LAW, AND ME»fBER OF THE PROVINCIAL PARLIAMENT. ^1 LONDON: PRINTED FOR THE AUTHOR, BY C. AND W. REYNELL, LITTLE PULTENEY STREET." 1837. LONDON: PRINTID BY C. AN1> W. RKYNELl., LITTLE rULTKN-EV STREET. PREFACE. Circumstances over which the writer had no control have induced the present publication. He crossed the Atlantic with the intention, although not for the express purpose, of com- municating to the Colonial Secretary all the information in his power concerning the present troubles in the Canadas. Two gentlemen of the highest intelligence and popularity had pre- ceded him, who were, in a manner, the agents from the Liberals of the Upper Province. They were refused an audience by my Lord Glenelg, and great was tne writer's surprise, on his arrival, in finding that they had already left England in disgust. The boasted right of petitioning was denied them, and the object of their journey failed. A verbal communication with men of intelligence, coming 4,000 miles as the agents of a numerous class of his Majesty's subjects, could at least do no injury to those interested in good government. It would naturally be supposed that they would be heard more as a matter of right, than of condescension on the part of the Colonial Secretary. Unwilling to encounter so harsh a repulse, but still anxious to be of service in the important crisis which even the Ministerial- ists are forced to acknowledge, the only resource left was an appeal to the public through the medium of the press, however unfit the writer found himself for such an undertaking. Although the affairs of Canada have undergone much discus- sion, the subject can never be exhausted while their grievances remain unredressed. The zealous friends of those Colonies, in London, have done all in their power towards an amelioration of their institutions ; but without success. Engaged in an arduous struggle at home, with interests at stake far beyond comparison with those of a new country, yet it is a theme of grateful acknowledgment that they have looked beyond the general question, to one of minor, but no less interesting, character. When the vacillating conduct of the "Whig Government is now undergoing a genertd scrutiny, any collateral evidence from the Colonies, Drought forward in corroboration of their inefficiency, may have an influence for the good of all. 7i ^i ' ' :i 7 Independent of the vast extent and richness of territory known I'ls the Canudas, and the usefulness of their trade ; laying aside the sympathy naturally felt for a people struggling for their rights, thousands of whom are emigrants from this land of their birth and early affections, the nation have a direct interest in investi- gating the result of Colonial policy. In these days of retrench- ment, they have a right to ask, of what use has been the Colonial Official Establishment ? And whether it is kept up at great expense, with all its train of under secretaries, counsel, clerks, &c., merely to multiply the machinery of government, and extend the conveniences of patronage ? Or whether the Colo- nial Minister is to receive a high salary from the public revenue, for the sole purpose of appearing a worthy successor of Lord Hillsborough ;* pocketing the emoluments, and acting as a mute conformer to Ministerial movements in the Upper House ? While other diseased parts are undergoing proper treatment, the esta- blishment in Downing street, affording so snug a lodgment for sinecurists and idlers, may demand an examination. Public opinion, well directed here, might save numerous items in the expenditure, while in the mean time the neglected Canadians would derive very great advantage from the investigation. Since the present Secretary accepted the seals, he has done worse than nothing, by displaying the most determined hostility to what were once called Whig principles there. When the Reform Bill became a law, it was hailed in i different hemis- phere with quite as much rejoicing as by its fnends here. They expected immediate good results to themselves, as being a portion of the empire. The Earl of Ripon, Lord Stanley, and Mr Spring Rice, never did any good, out .nucli mischief, by their superintendence in the Colonial Department. This was all passed over with patience, in expectation of better days, when the new system of things came more fully into operation. To them succeeded Lord Glenelg, and under his management • This office was first created in the reign of Queen Anne, expressly for the management of the affairs of Scotland during the rebellion in that country. At the peace it was discontinued, until again revived at the commencement of the troubles in America, and Lord Hillsborough was made the Secretary. Under his direction the thirteen Colonies were lost. He is accused by " Junius" of displaying " neither abilities nor good sense ;'* that " his treat- ment of the Colonies, added to his refusal to present a petition from one of them (a direct breach of the declaration of rigilts), will naturally throw them into a flame. I protest, Sir, I am astonished at the infatuation which seems to have directed his whole conduct." Should Lord Glenelg, a Scotchman, whose countrymen first gave occasion for the situation he now holds, be the means of discovering its uselcssness after still greater sacrifices, the whole train of circumstances will be surprising. The similarity of his character to that of Lord Hillsborough must appear strikmg. X ritory known laying aside r their rights, )f tiieir birth st in investi- i of retrench- as been the is kept up at ies, counsel, government, her the Colo- blic revenue, ssor of Lord i)g as a mute •use? While iU, the esta- a lodgment ion. Public items in the i Canadians ition. le has done led hostility When the rent hemis- lere. They as being a Stanley, and nischief, by This was )etter days, operation, lanagement expressly for that country. >nimencenient he Secretary. accused by t " his treat- i from one of ' throw them which seems Scotchman, lolds, be the s, the whole character to never were their liberties so boldly invaded. To compare his sway with that of the professed Tory, Sir George Murray, would be an insult to the latter gentleman. Information as to the interests of the Canadians, emanating from the highest sources, has lately almost overflooded the Colonial Office, which was not conveyed to Sir George Murray ; and yet the Admi- nistration of the Tory may well stand comparison with that of the miscalled Whig. The former at least did one good act. He soundly admonisher. Sir P. Maitland, and removed him, for his unjustifiable conduct, to make way for Sir .1. Colbornc ; while the latter removed Sir J. Colbornc, who began to show signs of yielding to the popular cause, and sent, in his stead. Sir Francis Bond Head, who has become too notorious in several different capacities to require observation on his character at jiresent. The Major- General was succeeded by the Major \n\ / the waggon train, by which the Canadian aversion to military/ ^f^^;;;^-- co»i/;iaw(i was increased instead of diminished. Still more were?'** ^'^^L- they mortified by the much greater falling off in the civil than^^'T^^ in the military respectability. His late conduct has led to com- plaints much louder than the wretched pauper is enabled to raise. That these complaints are well founded is attempted herein to be shown. Should it not clearly appear that the cause of Reform has been made to retrograde, instead of advance, under Whig management, the fault must be in the humble writer, and not in the conduct of my Lord Glenelg, and his prolese Sir F. B. Head. The hopes held out by the Reform Bill— the anxieties and Matchings for a prosperous change, which all were led to expect, have met with disappointment and insult. Were nothing more done, they at least fancied a Governor would be sent, who would preserve the dignity of his station, and outwardly appear an honest representation of Majesty. They had no reason to expect i' bubble-blower ; or one who, to suit his own purpose or that cf his party, would not only go beyond the reality, but i>eyond what the conventioiis of society forbid to be termed innocent fiction. The parturient throes in the vicinity of Downing street must have been j;rievous in the extreme, in inflicting on the Colonists a bantling of so ethereal a character. At one moment dancing attendance in the counting-house of his speculating employers, receiving his instructions for a descent upon South America — the next in full flight across the Atlantic — across the Pampas — down in the bowels of the Republican Cordilleras, thirsting for unfingered t;easures — next he is found a lounger and scribbler at Nassau — again, he is lost in the rural parishes in Kent, an ^i ovcrl)e.irin}r Assistant Poor Law Commissioner, at an humble salary,— finally, he is wafted to the unlucky Colonies, to sprin«if a mine on their liberties not already prostrated, and perhaps overwhelm himself in the general confusion. A gentleman of such ubiquitous powers was no doubt very useful in command of the baggage waggons, and as a sutler to the army ; but it is lamentable that tlie Whigs could find no other suiig berth for him than the one he nt present occupies. The history of Canndian affairs may be likened to a tragedy, in which fill the incidents arc mfide to heighten the catastrophe. The accumulation of domestic suffering has gone home to the bosoms of a brave and feeling people ; but the last stab may well be described " the unkindest cut of all." It was not ex- {)ected from a quarter supposed to be friendly, and can scarcely )e endured. Should a stranger visit the country, and see the advantages conferred upon it by Nature, and learn the cause of its present desolation, compared with other parts of the continent; — if he has a spark of freedom or spirit in his composition, he will wonder at the forbearance so long maintained. It is only lately that the inhabitants are beginning to wonder at it themselves. While a reasonable hope remained, they indulged in its pleasures. The infant had, indeed, nearly been strangled by its mother, but still she was its mother ! And now, should a separation be decreed by the negligence or oppression of those wielding their destinies, the parting will be more " in sorrow than in auger." In these remarks reference has been made chiefly to Upper Canada, principally because the writer has a more intimate acquaintance and connexion with that Province, from being a native, and hitherto a resident, of the same ; partly because it is impossible to treat of both, when the grievances of one can only be slightly hinted at, without an un(.ue occupation of time ; and partly that fewer advocates have appeared in the field in her behalf, and more against her. The Lower Province has engrossed a larger sha»-e of attention than the Lpper, although their interests and causes of complaint are ihe same. They have been enabled to fight the battle with greater advantage, owing to their superiority in numbers, and the almost unanimous spirit which acta ites them. Moreover, they have an official medium through whom their wants have been expressed ; although it is but jusjtice to Mr Roebuck to say, that his ability and exertions have rendered an equal service to both Provinces, of which the inhabitants are gratefully sensible. Upper Canada, from the superior skill of the Tories in accumu- lating lar^e and petty offices, and distributing the patronage, tl s| tl It an humble Colonies, to rostrated, and lonfusion . A bt very useful sutler to the find no other cupies. The I tragedy, in catastrophe, home to the last stab may was not ex- can scarcely le advantages 3f its present it; — if he has will wonder itely that the ;s. While a isures. The ^er, but still be decreed eir destinies, ly to Upper are intimate Tom being a because it is >ne can only ftime; and field in her js engrossed lough their They have age, owing mous spirit ial medium though it is d exertions ■ which the in accumu- patronage, has been more subject to a division of opinion than has been of advantage. The party opposed to Reform, by means not avail- able in the Sister Province, have been enabled to secure the return of such men to Parliament, now and again, as did not take the most effectual mode of obtaining redress. The people have suffered from this, and applied the remedy, but comparatively they are late in coming into the field. The Canada Company and other monopolies have all had their advocates, not only in support of their private interests, but in aid of that power by wluch alone they may expect to derive profit. Some of these have unconsciously injured their clients, by over-stepping the bounds of hypocrisy and deception, in advancing those doctrines which they really entertain, but which the intelligence and spirit of the age consider base and contemptible. In thus identifying the Tory party in Canada with the Tories all over the world, they have done a service to the cause of Reform where an injury was intended. Other writers have appear'^d in a more patriotic capacity, by whom ample information has been afforded on the true state of the country, but they have found the task unproductive of beneficial results. After such failures it may appear presumption in one of small pretensions to undertake any thing of the kind ; but in the maintenance of a great cause, the eflforts of all are required, and not alone those of the most capacity. As these are not the times for mincings and lukewarmness, he has spoken his feelings frankly and strongly ; more so per- haps than the cool philosopher will relish, or ordinary occasions would justify; but a crms leads to sharp words, and sometimes deeds, and the present is emphatically a crisis. He could hope for nothing by affecting to write generally and obscurely, and as it is, there is not much room for hope that his efforts may be of service. But although all may object to the mode and temper of elucidation, the great principles of rational liberty cannot be depreciated, nor rendered less worthy of adoration. One find- ing it necessary to deal out so much condemnation, haf no reason to expect great indulgence in return, but he has not set his heart upon individual distinction, and is quite content to remain among the multitude, where, if his voice cannot be heard, he at least adds one to its numbers. As to his im- partiality, he need not say he asks no favours in the power of a corrupt government, and that he would feel degraded by the remotest connexion with them; and his countrymen have twice so amply gratified any personal ambition he might now be thought labouring to advance with them, as to put any such motive out of the question. Ill '1:1 r » The First Part contains a running account of the early settle- ments of Canada, with a description of the soil, climate, &c. ; a history of the inhabitants, their clairn'? for good government, their genius, spirit, modes of life, and the sports by flood and field; in which some inducements are held out to emigrants wishing to renew life in that country. It also contains an account of the institutions at present existing; its internal resources, advantages, and prospects. Part Second discusses the grievances of which they complain, the iniustice of Whig and Tory policy, and the immediate necessity of correcting a half-century's misrule by wise and conciliating measures. Londorif January 1837. CANADIANA. Chapter I. A GENERAL SKETCH OF THE FIHST SETTLEMENTS. The country bordering on the river St Lawrence, the great chain of lakes, the Mississippi, and their tributaries, was first taken possession of by tlie French upwards of three hundred years ago. Missionaries were immediately dispatched for the purpose of converting the Aboriginis to Christianity ; who, by fixing upon their stations and rearing houses of worship, were the first pioneers of civilization in the unknown wild. They maintained their ground for a length of time, unassisted by their lay countrymen, until the inducements for settlement caused many emigrants to leave the crowded kingdoms of Europe, for the freer range over the Atlantic. The most of these were from the rural districts of France, who, led on by that thirst of ease and happiness too apt to lead astray, grew wearied of their vine-hills, to seek an El Dorado in a world intrinsically and emphatically the New. The immense extent of inland naviga- tion afforded by the St Lawrence directed attention towards it at once ; but owing to the enchantments of the country, the delighted voyagers were quite contented to line the shores from the Gulf upwards, without penetrating farther to the south and westward. In process of time they had extended themselves three or four hundred leagues, occupying whatever they chose, by virtue of very useful and liberal laws — those of Dame llNature. It was not until about the middle of the seventeenth century, that inroads were made as far as the Mississippi ; and, notwithstanding its superiority in point of mildness of climate, the bulk were contented to remain where they were. Although, like the first English settlements on the Atlantic, the French were liable to be disturbed by opposition from the ri 10 various and powerful tribes of Indians to their encroachments : yet the labours of the pious and self-denying Missionaries were eminently successful in preventing that continued scene of hostility, which existed beyond the f nope of their influence. In the weakness of hiiman nature, we are as apt to deny our reverence and respect to those who have gone before us, whose conduct and example have been really useful to the world, as we are to misplace our attachments on the worthless and unde- serving. The Canadians, claiming descent from the first settlers, have not been unmindful of the hardihood that could plan so bold a scheme of isolation from the pleasures of chivalrous Europe, or the determination which coul.i carry it into execution. In annual jubilees they commemorate the first landing of their fathers. Vivacious merry-makings and harmless sports prolong the celebration. Then the buoyancy of feeling, inherited from the che« .ful middle ages, fully displays itself. Surrounding their neat white cottages, the green re-echoes the mirth of the young, and the shades protect the patriarchs of the day. Those who are M'ont to admire the hospitality and simplicity exhibited by the rural population in France, will there witness it in happy exuberance. Adventures are recounted by those who have been voyageurs to the far north-west — the dance prevails — ditties are sung — " In Provence call'd, La belle dame sans mercy." All is joy, festivity and good fellowship. Nor are the more serious rites denied, quite as sensibly conducted as those pious exercises to the memory of the " blessed Charles the Martyr," and other Saints read of in the calendar. In time, the rage of emigration began to increase, from the success of the first experiments ; and multitudes flocked in, pitching their tents in such pleasant places as taste or judgment mig'it direct. A traveller, pursuing the route of the St Lawrence below the grand rapids, may view on either side, far as the eye can stretch, innumerable white cottages spread over the ample fields looking green and level in the distance. For hundreds of miles as he advances he may see these, and wonder at their number and beauty. But the one half has not been revealed to him. There are peaceful valleys far in the interior, swarming with inhabitants, and teeming with generous, hospitable, civilized life, with all its social comforts and enjoyments. They will be happy in epite of the tyrannous oppressor. Here, he may see different cultivated plots stretched along an upland, with the snug domiciles of the owners planted near the scene of their labours. Another range I encroachments : !issionarics were inued scene of influence, apt to deny our ►efore us, whose the world, as hless and unde- st settlers, have 1 plan so bold a 'ous Europe, or execution. In mding of their ; sports prolong inherited from '. Surrounding he mirth of the he day. Those 3licity exhibited less it in happy who have been [ails — ditties are cy." are the more as those pious the Martyr," ease, from the es flocked in, e or judgment ence below the ye can stretch, fields looking of miles as he number and him. There ith inhabitants, ife, with all its ppy in ppite of ent cultivated miciles of the \nother range 11 may crown the hill-tops, looking over " flood and fell ;" while the valley presents the same thick c' ters, like those found in Eng- land, and not less neatly laid out and cultivated. These are mostly the old family abodes of those who followed the footsteps of the patient Missionaries. The King of France discovered in the course of time the vast importance of the Canadas, not only as an addition to his terri- tory, but for their prospective value. He was not long in taking measures to secure the possession, and the delightfulness of the country suggested the name it afterwards went by, that of New France. As a precautionary step against the inroads of the savages, or any foreign power, he caused a line of fortresses to be erected, reaching from the lofty promontory of Quebec, to the River Ohio, and afterwards from that to the Gulf of Mexico. They bristled over the waters of the St Lawrence, along the southern shores of Lakes Ontario and Erie, and across to the Ohio. This was not all. Dock-yards were established for building ships of suitable burthen, to further the trade, and afford protec- tion and communication in case of war. Troops were also dis- patched, by whom an intercourse was kept up between the most distant parts, for the common safety of the settlers. In the lapse of time, these old monuments of the French King's solicitude for the welfare of his trusting subjects, have mostly disappeared. Some may be seen in all their mouldy grandeur, peering from the clumps of trees by which they are surrounded. They are useful lessons for the modern Canadian's study ; reminding him of the duteous care once evinced for those whose place he now supplies, by their brethren and King. They teach him there was once a time, when those wallowing in luxury and the enjoyments of plenty, could yet find time to think of those struggling with every difficulty in a new and uncivilized world. I have stood where the plough has passed and turned up some antique memorial of other days: a rusty hatchet, a case shot, or the remnant of an arquebus, and felt all the delight of an antiquarian in calling to life the palmy times of the French ascendancy. I have reposed beneath aged trees, grown in the very centre of the quadrangular enclosures, since those were peopled by men of another age. They had usurped the place of mansions devoted to the safety or perhaps shelter of the surround- ing inhabitants. The spots are well chosen for military pur- f)oses ; the forts either commanding a wide expanse of water and ow land, or seated in stately gravity on one of the numerous islands so beautifully adorning the broad breast of the river. i \ \ 12 Tiiey unquestionably aided materially in extending the range of adventure. From these materials, without the aid of history, it appears the country was considered a great acquisition, and looked upon as capable, at a future time, of returning a recompense for any out- lay or trouble in rendering its whole extent safely inhabitable. In the wars of the last century, between England and France, offensive operations were not confined to the eastern continent. Inroads were made by the English Colonies of the Atlantic, on the back settlements of the French. Indians were employed in these bloody rencontres, on both sides, and in fact the mode of warfare of the white man, by his practice in the woods, had become assimilated to the irregular tactics of his red allies. The Canadians had the more powerful tribes as their friends, and were successful in repelling these invasions, sometimes rolling the war back on them in turn. Notwithstanding the assist- ance of the English soldiery, who understood nothing of the modes of bush fighting, the Canadians were seldom or never beaten. Braddock's defeat is a memorable instance of Indian prowess, backed by a small Canadian force. Lord Chatham at once saw the importance of striking an effectual blow to obtain possession of the country. It was cer- tainly not for the mere purpose of crippling the enemy, that he dispatched General Wolfe with a powerful army, on the hazard- ous undertaking to storm Quebec. The sea-ports of France were open to attack, as well as the Indies, the reduction of which would do far more in ending the war. But the far-seeing eye of this statesman looked farther than the mere reduction of an inland Colony. He at once perceived, that by overcoming the enemy in this quarter, nearly the whole of North America would be under the sway of the British sceptre. By a series of fortu- nate circumstances the expedition proved successful, after a well-contested engagement on the plains of Abraham. The contest was a dear one, both to the English and French armies, costing the lives of many troops, and both the Commanders ; but they well knew the immense extent of country depending on the issue, and met death bravely in the discharge of their duty. The English were afterwards confirmed in the possession, and con- tinue to hold it ; but the flag that waves from Cape Diamond has been disgraced and desecrated ; and that too over the ashes of Wolfe, by the villany and rapacity of his unworthy successors. A few years afterwards, the Maitlands and Aylmers and l)al- housies and Heads of that day, caused the insignificant revolt of only thirteen Coloniv's. Singularly enough, this happened to be 13 ng the range of ^ it appears the looked upon as nse for any out- ' inhabitable, md and France, IS tern continent, af the Atlantic, were employed n fact the mode the woods, had his red allies. ;heir friends, and metimes rolling ding the assist- nothing of the leldom or never stance of Indian ! of striking an ry. It was cer- enemy, that he , on the hazard- jorts of France 1 action of which "ir seeing eye of reduction of an overcoming the America would series of fortu- scessful, after a /Vbraham. The Frcncli armies, )mmanders ; but ependingon the leir duty. The ession, and con- Cape Diamond over the ashes orthy successors, ylmers and l)al- liHcant revolt of happened to be :| successful, notwithstanding all the redoubted blusterings of the Ministry and the heroic proclamations of the Lordly and Knightly Commissioners sent out to America. But the calamity to British arms was too disgraceful to be here dwelt upon. One thing is certain. The prosperity of these Colonies, as the United States, aflFords good prjof that Lord Chatham was right in obtaining all the territory he could in North America, and afterwards expending his latest breath in preservation of it. The prophetic saying, " My Lords, you cannot conquer America !" was sneered at by the idiots and dandy Statesmen of that day : but, considering the difference in the times, and the spirit and intelligence of the age, they would have no reason to blush at a comparison with some others brought into existence by the Reform Bill. Lord Chatham's ideas of political economy do not seem to have corresponded with those of Lord North and his compeers. Very feWi however, are now found to dispute his immeasurable superio- rity, not only in that wisdom which directed all his actions, but in that patriotic feeling which gave his tongue eloquence to pro- claim the rights and liberties of Englishmen or their descendants, resident in whatever country or clime. The similarity in the situation of the Canadas at present, to that of the thirteen Colo- nies, is singular and foreboding. True, they have not to com- plain of any stamp act ; but they suffer much more under different other Acts equally grinding and insupportable. Restrictions and regulations imposed without their consent, equally affect their commercial relations. The same characters are sent out as Governors ; and the Hutchinsonian system of secret dispatches, libelling and misrepresenting the Colonists, is now in vogue. With all the drawbacks on their prosperity, suffered by the an- cient Colonies, they have few of their advantages. With one- third as many inhabitants in the two Provinces as the thirteen Colonies possessed at the time of the Revolution — with the success of one bold effort to cast off tyranny, recorded even in their school books, and a still more intolerable load of grievances to arouse every latent energy; will any one now be found to deny the instability of the connexion r By a most surprising coincidence, none but the men who ought to have a different opinion, and who alone have the power to apply the remedy — the Norths, the Hillsboroughs, and Wedderburnes, remain in- different or inexorable. Were Franklin himself to rise from the dead, the old gentleman might wonder at the stupidity of those who profess to reverence ancient experience, and still throw away the kernel for the chaff; but it would scarcely be possible for even him to do much good under the present circumstances. i It is doubtful whether he would gain admittance in the Colonial Office; and were this possible, very likely another Wedderburne would attempt to scathe him with his own lightninj^rs. It is surprising how mawkish and sentimental the Whigs can be when it suits their plan of hoaxing. They commiserate in set speeches the uneducated and half-civilized slaves of the West Indies, claiming no descent from British ancestry, and whose state of bondage was far preferable to the two millions of starving paupers in Ireland, and the oppressed ones in England ; but when they are asked to knock off the shackles from a priest- ridden and purse- ridden people, who are the very source of their power, their tone is changea and their religious enthusiasm ends. No delicacy prevented them at once annihilating the vested rights of the planters ; yet they dread an interference with their own, lest some of the sources of profit should be cut off. Nor even in Canada will they put an end to the Church-and- State robbery, although they ar-^ not directly interested in the support of the thieving and destestable Oligarchy. Notwithstanding the disrepute into which my Lord Stanley is fallen, it is almost to be regretted that he had not remained a Minister some time longer ; as at one period he rated this same Oligarchy at their true value. Instead of insult and neglect, the Canadians might have received from him an equal measure of justice with the West Indian slave. 15 in the Colonial er Weddeiburne intfs. the Whigs can commiserate in aves of the West jstry, and whose two millions of ines in England ; les from a priest- y source of their enthusiasm ends, the vested rights with their own, »ff. Nor even in d-State robbery, B support of the ly Lord Stanley I not remained a 5 rated this same t and neglect, the qual measure of Chap. II. UPPER CANADA. •' Art thou the land with which my fancy teems, Whose golden plains once brightly round me shone ? Which oft hath shed sweet magic o'er my dreams, And cheer'd me on with hope when feeble grown?" At the Revolution of 1773 the rise against oppression was not unanimous. Many who had not felt the effects of bad government, or retained too much reverence for their Sovereign, and the laws, to throw off their allegiance, either remained passive during the struggle or took up arms against their brethren. The cause of quarrel is now generally admitted to have been just, and the fame of the United States is greatly enhanced at having achieved so glorious a triumph in the cause of liberty. Heaven knows i these triumphs are not so frequent or lasting, that they should be deprived of any of the merit they so justly lay claim to. But those who opposed the Declaration of Independence have many claims for consideration in the part they took. Some of the States were quite as much republics then as they are now. In proof of this it is only necessary to state that after the separation they adopted the same charters as their constitutions, under ■ which they before governed themselves. Many joined the revo- lutionists from pride and principle against being wantonly inter- fered with by a distant small island ; but others were found fearful of the consequences of a separation, and opposed force to force from honest motives. It may be presumed that some were intimidated into the British ranks by the great force sent into the country, against which it was not thought possible to make a stand. The danger being greater to remaiii neutor, subject to the attacks of both parties, than in joining either one or the other, may also have driven not a few to bear arms. What appears the most unaccountable, is, that the Canadians, who had been conquered, or rather turned over to the British Government only twelve years before, should be found in arms supporting that cause. 16 r Deputations were sent to them by the Continental Congresr, to induce them to join the confederacy, at the head of which the venerable Franklin placed himself. Yet no inducements could prevail upon them to join the disaffected. This is a curious fact, and the excessively " loj/al and constitutional" gentlemen who are in the habit of maligning them, are called upon to explain it. These disinterested men, who attribute the present difficulties in the Lower Province entirely to the French origin of the inha- bitants, and in consequence of their deadly hatred of the British institutions: who, taking the cue from the Boston Lordling, accuse them of being " aliens in bloody in language^ and reli- gion," — thej/ are called upon to account for this faithful adhe- rence, at the time when the whole bone and sinew of the Continent were employed on the opposite side. Yes, the French Colonists, when the dishonour of their situation was still rank- ling in their bosoms, if they ever entertained such feelings, were impervious to the call of rebellion, owing to which, some part of North America was preserved to the empire. Not even the seductive appeals of a Franklin could make them swerve. Now, if no deep-seated hatred of the EngLsh was at this time nourished by them, it is impossible that they ould have transmitted it to their posterity, and the conclusion is that their wrongs alone cause the disaffection at present. Their national origin did not prevent them from bearing true allegiance to their Sovereign at that time, nor will it ever have aught to do with the question. Unhappily they have some- thing more tangible which disturbs their pride ard honourable feelings. As well might the calumniator raise a similar objection to the English, for many of them are of Norman extraction, their King claims descent from the French invader of this island, and as to the language, why the old statute books and histories bear evidence of its having been once not only the polite lan- guage of Europe, but the recognised and legal one here. The truth is, these allegations of the Oligarchy and their dependents, are brought forward for want of arguments, and to serve their own purposes, and are only worthy of them. To say that the Lower Canadians are not proud of their descent from " La belle France" would be taxing them with a want of feeling known even to the most barbarous nations, and still cherished the more in adversity. It is possible, at first, like the Moor's wife, they may have perceived a " divided duty ;" but like her, they have well proved the last affection to have been the strongest. But no matter how many " honest lagos " breed the disturbance, they need not flatter themselves at the same consummation of their villany. They may create the divi- ■A 1 f I I 17 sion, but tliere will be no trifling; resistance at tlie smothering process. They may make up their minds tliat — " Pikes nuist sliiver, javelins ring, Blade with clattering buckler meet, Hauberk clash and heUuet ring." During the revolutionary war the Canadas were known as the Province of Quebec. At its close the party in the Uniteil States opposed to the separation found the country much too warm for them. When the British armies were withdrawn, the universal enthusiasm that prevailed, showed itself not only in thanksgivinsfs and rejoicings at their success, but in sundry persecutions of those who had not espoused the popular cause. Their estates were confiscated and their persons treated with no little indignity. At the treaty between the two countries the British Govern- ment retained a large tract o*" their former possessions, principally through the inflexibility of the Canadians. This is now divided into several distinct Colonies, and thither the United Empire loyalists, as they were termed, sought a refuge. They made choice of difl'erent parts, the majority fleeing to the western shores of the St Lawrence and Lake Ontario. The zeal and worthy of peculiar innient. To them and to their children were awarded bounties in lands, and the settlement of what is now Uj)per Canada rapidly proceeded. The Province of Quebec was governed by a Governor, and Council of his own choosing, M'ho possessed the j)ower of making laws binding upon the inhabitants. Such a j)ower, reposed in irresponsible persons, was i)art of that policy which had alienated the aff*ections of the old Colonies ; and considering that many of these had charters, placing the whole administration under the direct control of the people, the denial of equal privileges to all, appears the more extraordinary. With them, as with us, it is too evident that the Ministry were not governed by principle, in a refusal so unjust, nor by any regard to " constitutional" prin- ciples, however much they may have deceived the country by such absurdities : but only by a desire to continue the patronage in their own hands, cither as a source jf emolument to them- selves, or for portioning ofi" their poor dcpendeats or friends who looked to them for support. Men who could allow robbery by wholesale t ) support tne extravagancies of " princes of the blood," as they arc proved to have done, could have no scruples in pro- viding for themselves in the same secret way. The schemes for obtaining office and power, and the shifts made use of to continue in the enjoyment of the same, are too well known to warrant loyalty displayed by them was considered w demonstrations of satisfaction from the Goveri r u m I I 'H: { I ;i \ implicit fidelity in their honour and patriotism. Men that have changed from side tc side with every change of wind, may make protestations of devotion to the cause of the country, with very serious ai d elongated countenances, and flatter themselves every thing they say is gospel to the common herd ; but they are liable to be mistaken. So soon after the confusion caured by the seven years* vmr, and while their attention was chiefly occupied in securing a maintenance, the early settlers had little time to bestow on the imperfections of their go Tnment. Owing to the vast extunt of territory over which they were scattered, and the difficulties in the way of frequent communication, they had but slight knowledge of its proceedings, or the manner in which those funds v/ere ex- pe.ided which they were called upon to raise. In eight years, however, something in the shape of a defined constitution was found absolutely necessary. Mr Pitt was at this time the leader in the House of Commons, and he is said to have drawn the outline of that which afterwards became a law, ono morning, while taking his breakfast. It professed to be an epitome of the English Constitution. The Province of Quebec was divided into Upper and Lower Canada, p.nd Sv°parate governments established in each. A Governor and Executive Council were to discharge the duties of the King and liis Minis- ters. An Upper House, called the Legislative Council, was to answer to the House of Lords, and a House of Assembly to the House of Commons. These three estates possessed the power of enacting laws for the benetii of the inhabitants, subject however to certain reser- vations. Furthermore, one seventh of all the lands were reserved for the maintenance of a Protestant clergy ; out the local legis- lature was empowered to amend this clause as might be deemed proper. This act remains unaltered and unimproved to this day, and under its provisions the Provinces have dragged on a feeble existence, while other portions of the same continent have be- come mighty in wealth, prosperily, and glory. There can be no doubt that it vi^as passed with the best inten- tions of conferring every degree of liberty on the Canadians. They had deserved as much by their adherence to the British standard ; besides they were neighbours to Independent States, ivhose free institutions aiid their effect in securing individual happiness and national greatness, would be understood and duly appreciated. It was Mr Pitt's policy to leave them nothing of which they co ild be jealous, and nothing but this epitome of the English Constitution could at that time be hit upon to aaswer the end. No one cau foi a moment suppose he brought it forward ■■■^A Men that have vind, may make mtry, with very lemselves every t they are liable iven years' war, in securing a • bestow on the e vast extuPt of difficulties in the ight knowledge funds v/ere ex- ape of a defined Mr Pitt was at nd he is said to n became a law, ofessed to be an cilice of Quebec I, ?.nd Sv°parate • and Executive r and his Minis- Council, was to Assembly to the nacting laws for o certain reser- is were reserved the local legis- ight be deemed >ved to this da ged on a feob inent have be- ,fc the best inten- the Canadians. to the British )endent States, iring individual rstood and duly lem nothing of epitome of the n to answer the ught it forward It with any other intention than as .in experiment, and great praise is due to liim for doing thus much for a Colony, when the home country was labouring under many difficulties. None will have tbe madness to charge liim with a desire of legislating finally for them, or that the simple enactment of one Parliament could not be altered or amended by another. His mind was too compre- hensive, were he not imbued with the liberal Colonial precepts of his father, to entertain a notion so absurd. The greatest difficulty he had to contend with was the creation of a second House of Lords. He who spurned at titles, and knew no greater honour ♦^ ■ an being a plain commoner, must have made merry with himself while creating a rival aristocracy to that in England. To the offended dignity of the Peers it can be said, lie was by ro means successful in equalling their wealth and an- tiquity of titles, while they are quite matched, if not exceeded, in superciliousness, pcrverseness, and stupidity. Were the reader to look upon the noble and lordly legislative councillors of Ca- nada, while sitting in grave deliberation on matters of state, he would not be reminded of the descendants or namesakes of the, bold Parous. Yet, on a more deliberate inspection, their ter- magant opposition to measures of improvement, would indicate some claim to nobility of blood. This is not the time to examine their peculiar claims to the rights of Peers, but owing to their august station, one cannot pass them without some token of deferential notice. The policy of Mr Pitt and his colleagues in attempting to preserve their hold in North America, was worthy of all commen- dation. 'I'liat their intentions ought not now to 1)e thwarted, we have from the lips of our gracious Sovereign himself. He told Sir Charles Grey, on his appointment as a Commissioner to Canada, that " the Caiiadas must not he lost or given awdi/." Such penetration in his Majesty indicates a much greater knowledge with respect to tho value of the country, than some of his Minis- ters possess. Whether it is drawn from the best of all sources, that of visiting them in person, as he has done, or from the attachment they so nobly evinced for his family during two wars, is not for the humble writer to determine. Some have pretended to understand his Majesty to mean that^brce must prevent them from being tost, and *liat nothing shall be "given away" to them. But the clear meaning of the sentence is, that they must neither be tost for M'ant of every necessary liberty ; nor given away at least without j)rotection or solieitude for their future fate. These arc noble gentiment:?,, and worthy the great and good patron of the Reform Bill. A\'erc there no national honour, and even glbry, in being connected with so vast an extent of territory, with all i I n ii 20 o /<. its pregor.t and prospective advantages, it were folly to sever the connexion by indiiference or neglect. If the nation desire a dis- memberment, the magnanimous and straight-forward course }y^ would be to publish a Declarntion of Independence at once, and not allow the first stone f irown. Besides, there would be something retaliatory in the i/iotocol — " For that whereas certain thirteen Colonies did once insult our dignity by severing them- selves from us — so we, in like manner, hereafter and for all time to come, do sever ourselves from you." The cause of legitimacy can only be supported in these en- lightened times by one of two ways — either by concession or by intimidation. In the most depressed countries, the latter has been attempted, and has failed. The successful revolt of the United States has inspired hope and stimulated resistance to the last. Need Texas, the wliole of South America, Spain, Portugal, and Bel- gium, be mentioned. Where are now the brightest links in the oppressor's chain? Santa Anna is fastened by those pre- Sared for securing the enemies of his tyranny, in America ; and )ons Carlos and Miguel only avoid the same fate by a flight or a bandit resistance. Another King sits on the throne of Bel- gium, and Charles X. has just expired in a foreign land and among strangers, who laughed at his calamity. n m )l I folly to sever the itiun desire a (lis- t-forward course cnce iit once, and s, there would be it whereas certain y severing tliein- r and for all time ted in these en- concession or by he latter has been alt of the United itotliclast. Need brtugal, and Bel- >rightest links in ad by those pre- in America; and fate by a flight or e throne of Bel- foreign land and ClIAP. III. UITKR CANADA, (CON'TINUEp) WITH SOMK nF.SCIMVTfON OF ITS AUVANTAOES AS A IllitEl'TACLK FOR E.MIO HANTS, &C. " Oft have I listened ami stood .still, A.s it came softeiicil up the hill, And (Iccni'd it the lament of men Who languished for their native f;len ; And thought, how sad would be .such bound, On Susquchannah's swampy ground, Kentucky's wood-cncunihered brake. Or wild Ontario's boundless lake, Where heart-sick exiles, in the strain Uccall'd fair Scotland's hills again." Murmiun. It is not the intention of this production to give the reader a surfeit of complaining. In the ordinary occurrences of life, suf- ficient is found to aimoy and distress, without recurring to pamphlets for a cause. The chief aim of every writer must be to obtain a hearing, and this is the absorbing wish of the present one. The manner in which the fine country spoken of has been abused and trodden down, necessarily renders a lengthened detail necessary. But, thank God ! her oppressors cannot deface the benign gifts of nature, nor obscure her richness and loveliness. It is a pleasant task, therefore, to dwell on the bright side of tilings, and it is useful when an opposite view is taken. He hopes many a struggling being — the child of adversity — may find something here to encourage him to cross the AtLintic, although so faint an outline in pencil. Those beautiful lines quoted above, from the bard of Albyn, are given in their antithetical force, but he would have been the very last man to become " heart-sick." The dull routine of Erecise topography is avoided ; only such "random recollections" eing put down as occur. The labours of Messrs Gourlay and Gait render such a cc irse unnecessary. The line between Upper and Lower Canada commences on the north bank of the St Lawrence, known there as Lake St Fran- cis, at a stone boundary, west of Point au Boudct ; thence north to the Ottawa river, and to its source in Lake Tomiscaning; thence due north till it strikes the boundary of Hudson Bay or i 22 Hi iit New Britain. Upper Canada inchulcs all tlio territory to tlic wost and south of this lino, to tlu* utmost extent of the country known by the name. Instead of itniuiring- what particular soil abounds in U|»j)cr Canada, it would be better to ask, what soil does not abound there ? Althouj^h a new world, it is very old in ripeness and mellowness. It is plump and ready, and asks to bo pressed by the still hoof of the p^razing horse, or donkey, or bullock, or the stout boot of the rosy-faced yeoman. I'oets may fnul cushions of velvet, and dream their (juiet dreams on its lap. Sages and philosophers will think more of the swe 'Is of life, after enjoying its sweets. Painters may there study the choicest "landski])s;" and musicians be put entirely out of countenance by tlu; music T/f its s\V'ee]>ing forests and sounding waters. This may appear exaggerated, but it is no such thing. All countries have more or less attractions ; and when Mr O'Connell justly praises the beauties of Ireland, and an uncounted host do the same worthy service for Enghiiul ami Scotland, it is excusable to put in a word for that country where you can witness the magnificefit cascades of the Niagara, the St I^awrence, and the Ottawa, and behold as wild a scejiery as ever enchanted the ])encil of Salvator Rosa. Should any renowned Wouter Van Twiller arise, let hir:\ comr nnd see. The abuvial grounds bordering the great streams and lakes, are generally preferred. lY-rhaps they have a slight advantage for the new beginner. The vegetable manure, however, covering the whole extent of woodlands, increasing and dimi- nishing in depth in different sections, renders it impossible for an Immigrant, unaccustomed to the country though he be, to pitch upon a spot that will not yield him an ample return for his exertion in scattering any description of seed in his catalogue — except, perhaps, the Dardau arrows. Here it cannot be deemed sacrilege to alter a word of the poet, and say omnia vincit natura ; and in doing so, like all other conquerors, she spreads tempting treasures — deleetable products — to the tongue and ardent eye of enterprise. One is tempted to scatter words, as she scatters her sweets — in graceful, inartful confusion. With such an immense extent of level country, interrupted with very few ranges of highlands, possessing, as she does, such magnificently expansive inland waters, with intersecting streams of all depths and sizes, there will be a diversity of swamps and bog that it would not be profitable, in the present age, to reduce to a state of cultivation. These are not of great extent or fre- quency ; and to the husbandman they offer an advantage, in the groves of soft timber, fit for fencing and other purposes. i'ti The process of clearing the land from the encumbrance of trees and underwood, is simple and expeditious. Axemen arc to be had at a moderate rate ; and one accustomed to the work will do enough in a month to enable him to raise a crop for a twelvemonth's support of himself and family, to say nothing of tlio pigs, horses, cows, bullocks, dogs, bears, cats, and racoons, he will be sure to have quartered on him. IJy good fortune, and a due consideration of the business he has undertaken, the new comer may walk out on a sunshine morning, witli hands in waistcoat pockets, and see improvement rapidly going on, without any exertion, and in fact without any expense. In the lower parts of the Province, which are within reasonable distance of the markets, men are found who obtain a ilvnlihood, and not unseldom a competency, by chopping and clearing the lands for the moderate recompense of the first and perhaps second yield, besides the proceeds of the burning, which they convert into pot or pearl ashes for exporttition. Not a few of these come from the territories of the .Jonathans, and a long-armed, hard- fisted, deep-winded, brawny, set of slashing fellows they are, wielding the axe equal to any champion of old. Should any sensible old or young gentleman have adopted the wise whim of repairing thither, his self-complacency will not a little be enhanced by witnessing his own domain disencumbered by these indomitable money-getters. Should he atul his sons lend a help- ing hand at the root, not of the tree of corruption, for we have forsworn politics for a space — but of downright stubborn knarlcd oak or maple, they will eat the bread of contentment with a better relish, and exclaim with the poet ; — " Ours the wilil life in forests still to range From toil to rest, aiul joy in every change." A gross mistake prevails that the new country is not so pro- ductive as the long-cultivated fields of England. They are more so by far, taking into account the amount of labour and expense. The error probably arose from the fact, that not so much is raised in the acre. This depends entirely on the amount of seed distributed. A farmer there apportions his ground to the quantity of seed, and never is so confined in his operations as must necessarily be the case in England. By giving " timple room and verge enough " to the scattered germs, he reasons correctly that a freer and stronger growth will be obtained. Until it can be demonstrated that the deep vegetable mould is inferior in point of fecundity to any other, and while Upper Canada is eight degrees further South, — and summer with its tears and smues animates every thing for seven months in the / ' I M 24 year — let no sucli incredulity prevail. It brings to mind the observation of the discontented gentleman who could find no- thing in the water equal to that of London. This was not a pretext for commingling a little cordial with it: but a grave objection deliberately put down in his summary of difficulties. But he had too much imagination to speak correctly, and would call liquid diamonds less sparkling than the muddy Thames. No ^vea^y course of ploughing ensues the clearing off of the rubbish. A harrow is drawn a few times over the ground, the seed are strewn, and the thick top of a small tree trailed along by oxen, suffices to cover them. After the first crop, a light or heavy plough Mill turn up a fresh soil each succeeding year. The first settlers, having their choice of the whole Province, generally located themselves on the banks of the largest streams, as much on account of the fertility of the soil, as the easy access afforded to the markets. We may imagine that taste had some influence in the choice, as the sailor will tell you there is nothing more companionable than the sound of waters, and angles descant at length on the meditative comforts of fly-fishing. The grants made to them were not stinted in quantity ; but in those days the tiller of the soil had no conception of the im- portance and value attached to the country. So long as he had an adequate allowance for his maintenance, he sought nothing more. It was the monopolists who came after him, that took the advantage of his improvements, for their own benefit and the pul)lic detriment. Wherever they took up their resting-places, the wilderness was indeed made to " blossom like the rose." Some of their children may have been tempted by the emigrant's gold to dispose of their estates, and remove further in the interior. Happily the old race are not all gone. They remain to guide the footsteps of the young in the path they have themselves trodden. Many a story of peril and deprivation attending their early struggles will you hear, while made welcome at their hospitable firesides. They will recount how much they have suffered in maintaining the supremacy of Kingly power ; and ask, if it be just to submit tamely to imposition, merely because they have once shown themselves loyal to the throne, and therefore no dangerous mode of remonstrating is now expected from them. The same spirit, once shown in defence of what they thought a just cause, will shine out against the recent impositions of a party that do not fail to calumniate them as " disloyal," at the very time they are picking their pockets. Having once sacrificed their all in the reign of King George the Third, they are indignant at having again to sufter under his son ; — not only in their fortunes, but cl w of w 25 s to mind the could find no- 'his was not a ;: but a grave r of difficulties. ;ly, and would ( Thames, ring oflf of the lie ground, the e trailed along rop, a light or ccccding year, hole Province, argest streams, the easy access ;aste had some ;here is nothing s, and angler's yr-fishing. uantity ; but in ion of the im- ong as he had sought nothing jhim, that took )enefit and the wilderness was th«ir children to dispose of Happily the the footsteps odden. Many early struggles itable firesides, in maintaining just to submit 3 once shown ingerous mode le same spirit, |ust cause, will y that do not time they are eir all in the |ant at having fortunes, but characters — not from an outward enemy, but an internal faction, whose vile libels are not only believed, but acted on, in the iacc of facts, written in blood, to the contrary. The newcomer may glean from them volumes of information on his first outset, which, by being followed, must eventually lead him on to inde- pendence and opulence. Much depends on the manner of commencing his new life, and it were well for him not to scorn the precBj^ts of experience, in a stubborn reliance on self. This has been the rock on which many have split. The modes adopted in the old country are not suited to his nev/ circum- stances, although in time they may be made useful. The old farms arc not easily puvcliased, and when for sale the prices are high. The improvements warrant the high value put upon them ; the fields being clear of stumps and stones, well enclosed by walls or lasting fences, and well drained; moreover, yon have a large stone, brick, or framed dwelling-house, with convenient out-houses, and all the farming implements included in the sale. The soil may not have preserved its original rich- ness, but the means are at hand of reclaiming it. Much has been remarked against the climate as injurious to crops ; but the fact of Indian corn arriving at maturity in the most remote parts there, when it withers in England, sufficiently contradicts the fallacy. This grain and the j)otatoc are in- digenous to North America, and arrive at extraordinary perfec- tion. Irishmen, who are facetiously acknowledged to be good judges of the latter, are never heard to complain of its quality — and the former is sure to occupy a conspicuous bin in the far- mer's granary. In addition to Indian corn, the climate of the Canadas, or rather Upper Canada, is peculiarly suited to the growth of the tobacco plant. Its cultivation has but lately been attempted, but it will shortly form a very important item in the exports. Perhaps no country is better supplied with all kinds of fruit, not confined to the tropics. Plumbs, currants, cherries, and every description of berry, are spontaneous in the woods, and their tame species require no care after the time of transplanting from the nursery. Apples, pears, peaches, &c., grow in abun- dance, and although the lemons and oranges do not thrive, except in enclosures, as a less substantial luxury they are not missed from the orchard. The markets for all kinds of produce are generally high and encouraging to the agriculturist. Tho great consumption by the Lumbermen on the Ottawa Hiver, renders that at By Town, at the junction of the Rideati Canal and the Ottawa, perhaps the best, l^ut there are numerous traders through the country who purchase for the Montreal 26 i i markets and for exportation. Besides, the United States specu- lators find it often their interest, notwithstanding the duties, to come over and leave their cash. At no time are the prices not amply remunerating for time and labour expended, and at this time the papers announce an extravagant and unusual rise. There are many employments in this new life which partake more of pleasure than labour, if both are not usually connected throughout the year. One of these indicates the striking ad- vantages of that country over this ; viz. — sugar-making. Should the Southern parts of the Province be suited to the tea plant, the Immigrant m.ay not have to send to his antipodes for lis beverage, any more than to the West Indies for his sweets to increase its flavour, or that of his aqua vie ; or to the United States for the wherewith to fill his hookah. At the breaking up of the winter in the latter end of March, the lucky individual who has. arrived in the country, feels himself endowed with new life, and having become renovated like the snake i — not that ferocious animal found in South America, which gives you a thwack over the head with his tail, and then in a cowardly manner grinds your bones to a jelly before you can recover from the salutation ; — nor that spiteful reptile found in Indiana and Illinois, which pitches in upon you with his venomous teeth, and either settles you outright, or sends you thundering over the plain with fright, hanging perhaps on your boot-leg the mean time ; — none of these infest Canada to put you in bodily terror— but the harmless little animal, like a garter, if that be striped, which puts on a new coat each spring, exceedingly beautiful. Having become thus renovated, you naturally look about for something wherewith to busy yourself. I say, it/ou, because it is quite possible that many a bright eye now surveying these rambling pages, will yet " up to the moon be cast," from the lovely shores of the St Lawrence, or " wild Ontario's boundless Lake." After a winter's study or gaiety, you will naturally issue forth in the budding season, and spread- ing out your arms in welcome of returning mildness, ask some employment in the household affairs of Mother Nature. The sporting season has not yet arrived ; waterfowl are shut out from the icy pool, — the fish have not commenced stirring much abroad, — but you will find equal excitement in becoming a scientific manufacturer of sugar. Do not fancy yourself planted in the midst of a group of Negroes in the West Indies, sweltering and blustering beneath a tropical sun. Sugar can be made without the cane or beet root ! In the morning you ariae at peep of day, and proceed to cxa- ;ed States specu- ng the duties, to lerating for time ers announce an fe which partake isually connected the striking ad- ■making. Should the tea plant, the for lis beverage, reets to increase Jnited States for ST end of March, try, feels himself movated like the South America, is tail, and then jelly before you ful reptile found )n you with his tt, or sends you :)erhaps on your Canada to put nal, like a garter, lat each spring, renovated, you busy yourself, ly a bright eye up to the moon wild ence, or itudy or gaiety, 5on, and spread- dness, ask some T Nature. The re shut out from stirring much in becoming a yourself planted idiesj sweltering can be made proceed to cxa- 27 mine the aspect of the weather. You find the air dry, and a hoar frost covering the fruit trees and the roofs of the buildings. John is called to put the horse in the cart, and putting on a warm jacket, you prepare for the day's business. Two or three large cauldrons are put in the cart, a number of pails thrown after them, and, as you take pride in being the head man in tlie un- dertaking, you trudge oif with an axe on your shoulder, and John comes rumbling slowly behind in the cart. Arrived at the maj)le grove, which, if on the sunny side of a hill, gives you reason to thank your lucky stars, you commence the work by obtaining a suitable place for hanging the kettles. This is done from a stout branch of a tree, or a pole extended from one to an- other. You then proceed to make a diagonal gash in each tree, taking out a small chip, underneath which a conductor for the sap is inserted by means of a gouge. Should you have conduc- tors ])repared, made from small hollow trees, leading to the re- servoir at the foot of the hill, much labour will be saved. Other- wise rough troughs for each tree will be used, made by your man during the winter. With little assistance you go on " tap- ping" the grove, until you have completed the necessary num- ber. The sun comes uj) and instills the pulse of life into the frozen tree. John has prepared the wood, the sap is collected in the kettles, and while it is simmering to the crackling fire, you walk out in full enjoyment of the merry scene. The music of nature is around you and within your heart. The rippling of the little streams of nectar set in motion by yourself — the varm sun shedding a genial heat over you — the crisp aiul yielding leaves and moss beneath your feet — all inspire you with serenity and pleasure. A more stirring scene presently ensues. All is bustle in collecting the sap from the overflowing troughs and ac- cumulating wood under the kettles. Your tent is pitched, and when breakfast-time arrives, your son is seen approaching with it, bringing at the same time your fowling-piece, m case you wanted it, he says, but with the sly intent of begging leave himself to take a range in quest of a partridge or black squirrel. The meal is despatched (consisting of, mayhap, a bit of venison brought doM'n by you the last autumn), with what comfort, not the " vain lord of wantonness and ease " can tell. Carlo sits quietly at the tent door, licking his jaws, and looking good-naturedly at the movement of your's. John makes you a cup of beverage, after which you do not think it beneath you to bid him join you in the repast, and watch the honest expression of his homely counte- nance. The day continues fine ; the fire is kept up, the kettles are i * -L H 28 ,. well supplied, the reservoir is filled for the night-work, and wood prcj)arc(l; presently " the cvc romcR down, The woods arc drcssM in deeper l>rown ;" and at its close yoti return homeward, Icavinp^instrnctions against neglect in allowing the fires to go (h)wn, and in snp{)lying the kettles. About noon the next (lay, the materia/ arrives at the proper consistency, and the fire is slackened. Much r.'irl('s — to the days of our " glorious ancestors " — and see what a vile falling-off has been hercr. They were never caiif^ht ba^^irif^ a tame fox, to frif^ht(.'n tlie wits out of him when loosed, by a general hue and cry of a hundred doj^s, and as many horsciru'U. Nor ck and brow of the one, or the hall of the other, 'i'he Jtuuter then bi>cam(; iu)t a dainty, sleek, titnid animal, but a stout ru^f^es and fastnesses. ays them a visit, lany a desperate termined an ani- within reach, is )oar would be a flfalo of the East ning rush. With upon his assai- nt well home, a le only capitula- portending as- id a tree, should i\ for absolution. the descent, and animal stoiup it out. Your moose has no infallible laws of honour to direct his trial by " battle.** He comes to the mark in liearty style ; advances — retreats — goes at you ram-fashion, then rearing, assails your ears with hoof, fibs, kicks, hooks right and left, back-handed and athwart, thinking nothing of losing an antler against a tree, and desperately wounding the other, provided he but overtake the scampering enemy. The strife not unseldom terminates in the death of both, their bodies having been found on the field together. Some hunters pride themselves on having caught him in the jugular with a tomahawk while whirring round the tree in pursuit; but the cases are rare, any spare time being generally used to climb beyond reach. The experienced hands proceed very cautiously in advancing on the moose grounds. Provided with a heavy, sharp-ribbed rifle, a thick, strong-hafted wood knife, and a tomahawk, he walks noiselessly through their haunts, keeping his eye on the most sus- picious places. If the animal gain the first sight of him, or scent him in the gale, a loud whistle gives the notice, and he and his companions set ofi^ on their long trot, crackling down the under- wood and small saplings in their way. Their trail can be readily followed, but a wearisome road it leads. If by luck the hunter again come up with them before night-fall, he fires from his con- cealment. Unless he then crouches lower than the panther, warm work ensues. Their tough hide and muscular strength often pre- vent the first shot from bringing them down, unless the best aim be had at the vital parts, and then death does not immediately ensue. A ball has been known to perforate the heart of the common deer, which was still enabled to run a long distance from the pursuer. A tremendous bound will indicate that the ragged lead has told. An eye no less quick than his ranges around for the wily intruder, and if a glimpse of him be caught, not much delay is made in the rush in upon him. If, however, nothing is discovered, a retreat ensues by slow degrees. Then he finds time to reload and make another discharge. By continuing to follow the trail, and keeping up n cowardly fire in the rear, the noble victim at length falls, and makes the wood echo its death groans. The buflfalo inhabits the country far to the north-west, having more delight in the wide extent of prairie and grazing grounds, than in the tangled forest. They are almost innumerable, and their bellowing herds strike terror in the gaunt wolves that sur- round them in packs, ready to attack a truant calf beyond the reach of protection. They are hunted on horseback, and the most suc- cessfully with the bow and arrow. The ludiaii in pursuit is fre- 1 32 H)| , 1 quently overrun by them, and trampled into atoms by their heavy lioof. Many escape by the fleetness of their wild liorses from the impending death ; others have been known to throw themselves on the buffalo's back as the horse is going down, and thus escape by the fright giving superior speed to the astonished beast. The fallow deer are the most plentiful within a reasonable dis- tance of the improvements, and thronging as they do the whole range of woodland, you may lay in a good stock of venison for the winter season, by knowing the way to hunt them. This can only be learned from those experienced in their habits and resorts. True, they may be chased with dogs from the woods adjacent to all the large bodies of water, and caught therein. If this can be called sport, there are many opportunities of enjoying it, but no horseman can follow the hounds " over brake, bush, and scaur," and keep the quarry in full view. Excitement is often produced by such a pursuit, especially adjacent to the Rideau and other narrow streams, where the deer has a fair chance of escape. One has the dogs in charge near the covert, while others occupy sta- tions on the river in slight bark canoes. If the country permit, a spectator, perched on a distant ridge, may get a glimpse of some good running. Perhaps a fine antlered old gentleman is started, whom it will do no harm to exercise for three or four leagues. Aroused from the loving arms of his spouse on a clear autumnal morning, he scents the danger, and they start off together, as the clamour of the dogs approaches. Presently his cava sposa leaves l»im for a by-path, but he comforts himself in thinking she may divert the pursuit, and allow him to get clear off. But the dogs are not so to be cheated. They take the strongest scent, and trundle away after the broad hoof prints. Anon they come in view, and then his leap becomes wider and wilder — his head is thrown back in an inquisitive manner over his shoulder, and as the danger increases his mettle gets up for the emergency. He scours through copsewood, up and down dale, over creeks and fallen timber, leaving his hungry persecutors far behind. Then if he take the water he is safe ; but the tongue of the hound is again heard, and he takes a circle for his starting place, and finally arrives at the watei-, when the canoes are set in motion for his capture. They are generally unsuccessful, unless the rifle be used, which, whervO venison is plenty, is not often the case. A lasso may be thrown over his horns on approaching, but care is required in taking a quick turn around a tree, otherwise he will snap your boots and coat-tails oft" in attempting to hold him. Unless you are well accustomed to the bark canoe, there is danger in approaching too near him, lest he throw you out of the water with his hinder V ns by their heavy I liorses from the )W themselves on II thus escape by d beast. a reasonable dis- ley do the whole dF venison for the 1. This can only ibits and resorts. foods adjacent to . If this can be oying it, but no )ush, and scaur," s often produced lideau and other of escape. One liers occupy sta- ! country permit, glimpse of some ;leman is started, or four leagues. i clear autumnal ' together, as the ara sposa leaves inking she may But the dogs gcst scent, and an they come in der — his head is ulder, and as the ncy. He scours eeks and fallen Then if he take is again heard, ly arrives at the capture. They d, which, where may be thrown ired in taking a your boots and jS you are well in approaching with his hinder feet; and you are subject to other accidents in being upset; when sitting astride your bark, you bellow for help to no purpose until tlie chace be done. The old hunters hold this recreation in deadly abhorrence, as the noise of the dogs renders the game timid for the "still hunt." They embrace every opportunity of shooting them, let them be of the finest English or Scotch breeds. Many a quarrel ensues in consequence, at which wood knives are drawn and wounds in- flicted. Their mode of obtaining venison is more legitimate and com- mon. They are regular professors in aiming the rifle, by which they not only supply their own families abundantly, but the mar- kets in the distant villages. About the beginning of October the fallow deer has shed his red summer coat for the thick grey one of winter. He is fat and plump, by reason of good feed and a life of ease in the fallows and rich oat and pea fields, or if such are too distant, in the blooming beaver meadows and cedar swamps. From P^ebruary until this time he is never sought after; partly because it is con- trary to law, and partly that his meat is indifferent. In the latter end of September the hunter prepares himself for his expedition by laying in his provision, cooking utensils, blan- kets, and either sets out by land or in his canoe, for some favou- rite rendezvous of the deer. His rifle is not the thin, neatly- stocked one found in the London shops, but a strong, soft-mettled one, which he has travelled to the United States to obtain ; of ex- traordinary thickness to prevent its spring, and to ensure a steadier aim. His knife, tomahawk, bullet-pouch, and flask, are swung by his side, with every convenience for a long residence in the solitudes. His clothing is assimilated as near to the colour of the trees as possible, consisting of a warm capote, stout trowsers, with leather stockings or gaiters, and mocasins. He makes, perhaps, twenty miles the first day, and, striking a fire under a tree, cooks his dinner and supper together — takes his can of whatever has been provided — smokes his pipe — rolls himself in his blanket, and sleeps— -While the bittern's cry Sings him the lake's wild lullaby." He thus continues on his journey until arrived at the hunting grounds, when a rude shanty is built in a short time, and the crevices stopped with moss. He starts in the morning in quest of traces to direct his operations. He first goes in pursuit of the game, but, owing to the dryness of the falling leaves, finds this c I •M (I 41 ^ 1)i \r 34 too noisy for success, and leaves the still hunt for .he first fall of snow or the damp days. Unable to get sight of the deer by going to them, he erects scaffolds on their paths, and awaits their coming to him. These are either formed in the branches of the large trees, or by stretching poles from the smaller saplings that will not screen him alone. In the evening he repairs to one of these where the game may be expected, and secretes himself, sitting motionless, but with a quick eye ranging on all sides. Presently a noise is heard in the distance, which rapidly ap- proaches. The buck comes lowing on, with perhaps two or three companions, and breaks into view, leaping and snuffing at the ground. The marksman singles the largest, and fires. With the quickness of thought the breech of his rifle is lowered, and he commences reloading by throwing in powder, letting the bullet roll down without a patch, and covering it with a slight wad. This is done in the steadiest manner. Usually the deer which is struck skirrs over brush heaps and fallen trees, unless his shoulder or back be broken, or the aim has been at the head. It is good policy to allow him to clear off from his companions as far as one respiration will carry him, as their astonishment at his sudden haste causes them to remain stationary. The sharp crack of the rifle does not often fright them, resembling as it does the noise of frozen bark bursting from the trees, which they are accus- tomed to hear. They may start two or three bounds, or perhaps remain stamping the ground, until another falls, and perhaps a third. The huntsman then descends, traces them to where they lay, dresses them rapidly, and sus'^ends them with bark from a shady tree beyond reach of the wolves and other animals, ready to be brought away when the snow appears. In November the deer generally leave the ridges and smaller swamps, and take up a line of march for the deep forests, in preparation for winter. The hunter often obstructs their passage ; but as they never travel except in the night, his task is more difficult. Frequently the rifle is thrown aside, and a musket, loaded with buck-shot, becomes the deadly implement. Perched on a tree, he traces a dark outline moving in the distance, and immediately discharges his awkw^ard missiles with a tremendous vengeance on the un- suspecting buck, or perhaps a wolf following in pursuit. These practices are only resorted to by those with whom a stock of venison is indispensable in the support of their families during the winter. When the snow comes down, the season has arrived for " still hunting," and he takes the woods upon equal terms. He strips the skin from the hinder legs of a deer, with which gaiters are made for himself, the hair being outside as a protection from the snow, and to ensure stillness in his walk. This fashion ^s;^ ( 1 Jie first fall of [>f the (leer by lid awaits their crunches of the ?r saplings that ipairs to one of icretes himself, jr on all sides, ith rapidly ap- erhaps two or and snuffing at nd fires. With is lowered, and itting the bullet h a slight wad. the deer which ees, unless his it the head. It } companions as •nishment at his rhe sharp crack 0- as it does the i they are accus- nds, or perhaps and perhaps them to where with bark from animals, ready November the ps, and take up ion for winter, as they never It. Frequently with buck-shot, tree, he traces tely discharges ce on the un- ursuit. These om a stock of families during ison has arrived n equal terms, er, with which as a protection This fashion 4 35 may have been derived from the Highlands of Scotland, or from the couplet by Sir Walter Scott — " The hunted red deer's undressed hiile Their hairy buskins well sui)[)licd." But the admirable expedient has long been known there. With these the woods are traversed as noiselessly as by the wolf or cat of the mountain. If he come across a fi ^sh track, ascertained by feeling if the snow be hard in it, he docs not give chase, but, knowing the localities, and judging where the deer is bound, he takes a circular rout to overtake him. In case he is first seen, the hunter stimds motionless, and undergoes an inspection. If suspicion causes the animal to set off, no time is lost in giving him a flying shot, as the crack of the rifle prevents him running far, if the aim has been wide. Presently he again stops, and the hunter, ha 'ing carefully reloaded, pursues on the track at a steady pace. Any luick motion will render the chase unsuccessful, the deer being now on the alert. An old veteran of the woods moves steadily on, uiid?scouraged by want of success, and draws trigger wherever he discerns the slightest glimpse of hair. By this con- tinued pursuit he generally obtains his recompense in meeting others, or bringing down the one first started. The admirable niceties of the rifle in his dexterous hand are now made available in long shots from ridge to ridge, or through narrow openings in the wood. The Indians have another mode of hunting by pursuing the fresh track with untiring velocity. It is a trial of speed and per- severance, and the reward is the more appreciated in proportion to the difficulties encountered. They pass you without notice on their long trot, intent as the bloodhound on their work. Although their pace is extremely rapid, no noise is heard from their footsteps. The deer are tired down by the close of the day, and a shot is obtained without difficulty. Their inferior guns render this mode of hunting necessary. During the light falls of snow they also skulk in upon the game while reposing in the groves of pine or hemlock, reluctant to move. Notwithstanding, they often miss their aim, or fail in overtaking a wounded deer, and they return home, and, like Dr Johnson, sign themselves " dinnerless." While sitting in your cabin after the fatigues of the day, you may be intruded upon by them for a loan until they are successful, when you are sure to br recompensed, whether you desire it or not, either in as much venison or a rare skin. These and the stray hunters are the only inhabitants you meet in the solitudes surrounding you ; and if you can " temper the wind to the shorn lamb," your inward consciousness will render your 'i !l 1 'In 36 il i ':il! !•!)): I M 1 future rambles the more pleasing. In the middle of winter, if tiiey have not a sufficient store, they " brouse " the game by cutting down the trees of which they are the most fond. These they come to eat either in the day or by night ; and by iiaving a scaiTold within range, not much difficulty is found in obtaining them, A novice requires many lessons from the knowing ones before he can become a successful hunter ; but he is amply repaid by the healthful and romantic life he leads. He may be able to perform wondrous feats at the shooting matches, and still unable to hold a steady hand in the woods. Notwithstanding the prohibitory laws against deer stalking during the spring and summer months, the practice is followed by the more needy in the back settlements. A secret mode is adopted, by repairing to a small stream at the close of evening, and embarking in a canoe which is allowed to float quietly down the current. The deer, driven by the flies, take shelter in the water, but they cannot do so without making a plashing; this is heard by the inmates of the canoe, and the one in the bow arranges a lamp made of bark on his head, and is paddled slowly towards the noise ; when within a proper distance, the light is made to bear on the spot, which attracts the animal's attention : the reflection from his eyes immediately seals his doom. Unfor- tunately other quadrupeds have eyes which reflect, and many a poor bullockj who had merely put his nose over the bank to take a quiet drink, or snifl" the breeze from the water, has been most foully " murthered " by some midnight gowk. More tragical circumstances often occur, by one hunter wounding another at these unseemly hours. A few years since two men were thus floating down the Ilideau, ne.\ the Kingston Mills, and were near paying dearly for their carelessness. An Indian happened to be on the bank watching for the purpose of getting a breakfast for himself and comrades, and hearing them paddling, became fearful, and attempted to retreat ; this, however, only called attention towards him, and, taking him for a retreating buck, the gun was immediately discharged, and the contents lodged in his shoulder. The unfortunate Alonghuin, not being fatally wounded, but smarting with pain, immediately gave the war whoop, much to the astonishment of the delinquents, who in some hurry sought the shore, and had the satisfaction of being pursued to Kingston by a bloodthirsty host of half-naked " salvages." Luckily the fear of one party gave them a greater impetus than the rage of the other, and, by pampering the wounded man with sundry presents, a treaty of peace was concluded. The wolf is another animal which is hunted, not only for the Atif 37 (lie of winter, if •" the game by )st fond. These and l)y iiavinj^ a und in obtaining wing ones l)efore imply repaid by may be able to and still unable ist deer stalking ice is followed by . secret mode is 3lose of evening, loat quietly down ike shelter in the plashing ; this is one in the bow is paddled slowly ance, the light is limal's attention: is doom. Unfor- eflect, and many r the bank to take er, has been most More tragical mding another at o men were thus Mills, and were Indian happened etting a breakfast jaddling, became ever, only called treating buck, the )ntents lodged in not being fatally y gave the war ents, who in some of being pursued iked " salvages." ater impetus than ounded man with d. , not only for the a pleasure, but profit, as he destroys your flocks. He is such daring brute that a public bounty of 1/. 10*. is placed on his head. He is not a Whig wolf, wearing a sheep's clothing, who does everything to make you believe him innocent, notwithstanding his gory jaws ; but a right down Tory, that leaps your folds and throttles your innocents with the most matchless impudence and nonchalance : therefore he is marked and branded, and a price set upon his head. Notwithstanding his subtlety and curniing, his voracity often renders him an easy captive. When awaking in the morning you find a piteous spectacle in the destruction or mutilation of many of your flock : the wild dog has been having a feast, and straitwa^ you get into a passion, swear vengeance, and collect your neighbours with their dogs. He is traced to the lowlands joining upon your premises, and the dogs are set in. Lines of circumvallation arc drawn around the thicket, and pre- sently the monster appears, his bloody countenance and unwieldy carcase denoting his late surfeit. Fearful of his escape you reserve your fire until he attempts the fence, when, having his full length before you, the ball is sent into his spine, and he falls stone-dead. This may be a sweet vengeance for vou, but how can you be recompensed for your best South-downs r To prevent any recurrence of the calamity you busy yourself in setting snares and traps. One mode of taking them is by digging a deep pit, with a cage hung over the centre containing a lamb ; the mouth is covered with brushwood, which, when he makes a leap, pre- cipitates him to the bottom. He is also caught in an iron trap with large spike teeth, over which a bit of meat is hung : in leaping at this he is devoured up in the jaws of the trap. At the dead of winter these grisly monsters go in packs and make the forests re-echo theii bowlings. These are your true deer hounds, having the fleetness of the wind, and the cunning of the fox in directing the attack. In case the deer make a double, centinels are always left on the path, and the race soon closes ; then the feed is entered upon, and loyal toasts and whining speeches ensue to a late hour. The bear is not only a destructive animal to your corn-fields, and, according to Mr Dunlop, of your pigs; but his flesh is good, and it requires some prowess to encounter him, which you wish to show you possess. A scaffold is erected near the wood where he will be likely to make his appearance to get a taste of your corn enclosure ; but as he comes in the night, a musket is the readiest implement for use. His unwieldy pace is iieard at a distance, and you make ready as he tumbles over the fence. A black object presently comes upon you, but you wait until he rises to pick the ear from the stalk, when you pour confusion in upon him, laying waste the country for twenty yards around with slugs. If mil ' I 38 ii i( \ t Ml spikes, and half bullets. He is not likely to want much more ; but, unless you are fond of trying a fall with him, the scaffold will be your safest place for a few minutes. When wounded they attack all within reach, clutching with their fore paws and working their hinder ones, much to the detriment of your smallclothes, should you be the unfortunate object of their embrace. They are often dogged up a tree as the more preferable mode of dispatching them, when, by lighting a fire, you can use the rifle. The Indians hunt them in the wood during the day while they are cracking the nuts on the beech grounds, but often owe their safety alone to their swiftness of foot. He is also pursued in the water, but not without the danger of an upset, when beset too closely. He will not fail to take possession of your boat the first opportunity ; and you will find it good policy to change situations with him as soon as possible. Instances have been known where he has been disabled by a single man armed with an axe, when both in the water. In walking the woods, their dens are often found, and then the hunter shows his pluck by challenging him out. Should he accept the challenge, he generally has a most unfair advantage taken of him as soon as his nose appears, by getting well pum- melled with the tomahawk while his arms are confined in the narrow passage. Should he get out alive, all such salutes are avoided through his knowledge of the art of self-defence ; and the only recourse left is by a regular gouge fight with knife and tomahawk well planted under the short ribs. Spring guns and traps are also used, but the most admirable mode of taking him seems to be that mentioned by Mr Dunlop, the " Backwoodsman." This is none other than to give him hold of a pig's ear, for which little civility he allows you to batter his brains out with a shillelah. Such a method equals that of discomfiting a tiger by means of Scotch snuff, and shows the original genius of the inventor. Since the deacon was most unjustifiably perched on the stool of repentance by the synod, his wings seem to have been clipped, much to the disadvantage of naturalists. The bears of Canada are much obliged to him for this notice of their pacific habits. He deserves preferment, and would shine brightly as the ursus major in their firmament, if any such there be. The panther, or, as he is more commonly designated, the cat- a-mouriti does not often frequent the " clearings ;" but furnishes rare sport occasionally to the amateurs. While watching for deer you may find yourself forestalled by his equally quick eye ; and hearing his deadly pounce, and cry of joy on seizing his prey, disturbs your nerves for the remainder of the evening. Invariably he makes his attack from a tree, and when hunted, K . ( "'^ ant much more; him, the scaffold ?n wounded they aws and working }ur smallclothes, )race. They are le of dispatching [le. The Indians hey are cracking ;heir safety alone n the water, but too closely. He irst opportunity ; ions with him as here he has been rhen both in the often found, and him out. Shouhl unfair advantage etting well pum- i confined in the such salutes are elf-defence ; and t with knife and most admirable by Mr Dunlop, jan to give him allows you to method equals nuflF, and shows deacon was most by the synod, the disadvantage obliged to him rves preferment, their firmament, gnated, the cat- hut furnishes le watching for lally quick eye ; on seizing his of the evening, id when hunted, 39 he is looked for in its branches. With a tenacity of life equal to the tiger, his light and agile form and dauntless courage ren- der a rencontre with him more dangerous, particularly where the wood enables him to make an attack with advantage. The heavy rifle becomes a sore annoyance to him, however, M'hen expertly used at a distance. A stripling of 16 has hec.i known to destroy three in this way within a few hours ; and, indeed, the more surrounding him increase the perils of the fight. Some of the hunters tell ludicrous stories of their escapes while on the deer gi junds. One having hit upon a new plan to get near his game, by encasing himself in one of their skins, which had been dried for the purpose. With this he was proceeding through the woods, imitating the bleat of the deer, when he was marked by a panther, which sprang at him, tumbling him almost lifeless to the ground. But the nails of the animal not find- ing a soft hold in the dry skin, and the rattle it gave when crushed about the ears of the hunter, caused a cessation of hostilities, during which the parties separated in mutual wonder and astonish- ment. Another attempted deception of the deer had like to prove fatal to the one practicing it. He had ensconced himself in the middle of the oat-neld during the evening, and being impa- tient that nothing appeared, commenced imitating their bleating. This unwonted scheme attracted the attention of two youths who were watching in a neighbouring field, and they began creeping slyly around him for a good opportunity to let fly. Fortunately the piercing shriek of a cat-a-mount as he struck his prey at the edge of the wood, sent them all scampering home, bristling with fright at the double escape. Those who have pushed their enterprise among the mountains north of the Ottawa, relate many stories of their ferocity. One had his dog taken from his side during the night, the panther coming down the opening for a chimney, and with one bound escaping the same way with the pup in his arms. The next day the chimney was closed and a loophole made ready for resistance in case another attempt was made. His fears were realised during the night, and he could distinctly see the creature stealthily approaching. Putting his gun out ready, he waited for him with no little trepidaticn, and on his coming i oar gave him a broad- side. Wounde'.i, but not disabled, with one bound the panther reached the top of the cabin and commenced tearing up the roof with his teeth and claws. Knowing the frail resistance opposed to him, the hunter shudders while describing his state of mind at the prospect of death in so horrible a shape. He made two or three ineffectual discharges, and finally took his stand in a corner with all his defensive weapons, determined in the last resort to h i f 4lv .•ti it &\ 40 throw his powder cannister in the fire and blow up the whole establishment, rather than be devoured in cold blood as his dog had been. The racoon is also hunted on account of his fondness for Indian corn, and his skin making a warm robe for your ca'rioie in winter. He is very easily taken, either in a trap, or by put- ting the dogs in the corn-field at night. He is apt to take the tree, when you can bring him down with the gun, or by pelting liim with stones. The fox will probably indulge his love for poultry much to your annoyance, but unless you hire an Indian to set the traps his cunning will frustrate all your attempts to stop his depre- dations. During the winter, a cap of soft fur and your coat collar lined with the same, will not be found amiss. Should these comforts be the fruits of your own rambling propensities, no little envy will be excited by the boast. Should your cap be culled from skins of the beaver, otter, marten, fisher, mink, weazel, and muskrat, the oddity will not detract from the warmth ; but the great diffi- culty is in laying your hands on them. The professed trapper communicates the secrets of his art with much reluctance, and unless a trip be taken with him for a number of weeks to ascertain the haunts of the animal and its mode of life, your attempts will be useless. The beaver has become nearly extinct within any reasonable distance, and can only be found in sufficient numbers to repay the trouble of seeking him, in the north-west territory. A stray one may be found here and there, while gliding in your canoe along some silent creek on an inspecting tour to the otter and muskrat traps. His presence will be indicated by finding the young alders cut down at the waters edge, and the trunk carried away ; not for the purpose of building a dam, but for present consumption, in his house not far away in the bank. By know- ing where to set the trap, he may be caught, but his cunning renders the thing doubtful. li is impossible to shoot him even in the night, owing to his acute nostril and eye. Those who venture far up in the Indian country may come away loaded with spoils ; but they stand a chance of being beset by the red man, who has no qualms in levying a heavy contri- bution, perhaps the whole of your stock, including traps and gun. Daniel Davis, a noted hunter and trapper, once ventured on their grounds, and relates the manner in v .ch he was treated. He had encamped on the bank of a small stream, putting into the Madawaska, far from its confluence with the Ottawa, and was very successful among the beaver, otter, and muskrat. .-« V up the whole )lood as his dog is fondness for for your cabriole rap, or by put- apt to take the n, or by pelting •oultry much to to set the traps stop his depre- ;oat collar lined liese comforts be little envy will uUed from skins il, and muskrat, t the great diffi- rets of his art I with him for a animal and its any reasonable mbers to repay itory. A stray ■ in your canoe o the otter and by finding the le trunk carried )ut for present nk. By know- .)ut his cunning hoot him even intry may come of being beset a heavy contri- |l Nf. M 42 steady arm, he will say he has seen days that gave more occasion for the compliment. Another young hunter is more communi- cative in describing his having been pursued for miles by an Indian, whom he had unconsciously offended, and, after leceiv- ing several shots from his fusee, finally forded a small stream, and took up a position which gave him an advantage. The Indian thinking him actuated by cowardice in not having returned his shots, and in fleeing before him, also entered the water, with the intention of crossing, notwithstanding being warned to the contrary. Finding no other resource left, the hunter was obliged to take his life in self-defence, and thinks himself acquitted in so doing. It being impossible to enforce the lav/s in this wild region, all who enter it are liable to the like attacks, and go pre- pared to defend themselves with determination. In the winter the beaver are taken by means of a small harpoon as they come to play at the air-holes in the ice, similar to the Esquimaux mode of getting the seal. The otter, from being a disciple of old Isaac Walton, is found in great numbers nearer hand. As he comes to exercise himself on the bank his haunts are easily ascertained, and the trap may be set on the beaten places, covered over with leaves. The fisher, marten and mink, range the woods in all directions, and are caught in dead falls. The muskrat inhabits all the marshes, where he builds houses, and may either be watched and shct at sun-set, or caught in the trap. The black squirrel frequents the beach ridges and corn-fields, and is very cunning in keeping br •'-nd your reach, generally seeking the top branches of the highest i, n cut the head Perhaps these ce in the rifle, adiness. -» n Fowfing. Not only the beasts of the field but the fowls of the air, will come within your scope of pleasing, healthful, and useful adven- ture. There are overgrown eagles, vultures, owls, hawks, buzzards, ravens, &c. that stoop down upon your lambs and chickens every opportunity. So far, therefore, as they commit depredations, these are your sworn enemies. Their eyes are nearly as sharp as yours, except the owl, and he makes his descent by night, and as they scorn your acquaintance and communion, tied to the earth as you are, like a clod of the valley, you will not find many opportunities of conversing with them, even by means of sulphur and salt-petre. You may observe them watch- ing on a high, withered tree in the distance, with their graceful outlines marked on the sky, and think them a marvellous fine mark, but on your approach, they sail away in the distance with a cry of derision. The eagle, quiet bird, from soaring in the starry field of the American flag, will particularly excite your antipathy, if you wish to boast of your supreme loyalty ; but what cares he for that ? The owl, stately old fellow, with the look of an emperor, he will come tu-whooing round your dwell- ing at night, well knowing you have too much poetry in your composition, and that there are too many associations connected with his habits, to prevent his obtaining a supper. He repairs to your poultry-house and dove-cot, " flutters the Volscians," and carries ofl^ a backload. He is above " mousing '* or " moping" now, and calls that Will Shakspeare and Tommy Gray very shabby fellows for caricaturing him. There are others of the feathered tribe that B<^tract a larger share of your attention; such as the wild goose^ uuck, turkey, partridge, quail, pigeon, woodcock, snipe, plover, &c. The first-named are only to be seen at tne end of autumn and the commencement of spring. They come in large flocks and make but a short stay, but you will have time to diminish their numbers, for the Christmas or any other holiday festivity. They are extremely shy, and keep centinels always on the watch for the purpose of giving the alarm if you are seen approaching them at their feed. The most successful plan to circumvent them when near their abodes, is by lying in wait at their usual spots of feeding ; nor can this be successfully practised by day. W'Ikmi seen in the morning rising from the marsh, their return the next night may be safely counted on, and thither you repair in your bark, if the marsh be navigable, for if otherwise your feet will become damp from standing so long in your high boots. \ou paddle to a safe lodgment in the tall grass and flag. If you i M* 44 have two double barrels with you they may be found of service. Shortly they are heard plying their heavy wings towards you, with now and then a word of command from their leader. The least noise will divert them away to some other haunt, and you cannot even take a pinch of snuff, except between the shots, and then you will be too busy on other matters. After taking nume- rous wide circles overhead, they at length settle down and com- mence the repast. Should they be scattered over too large a space, a slight noise will bring them together preparatory to taking flight. The darkness may prevent them being seen, but their noise will indicate the right direction. Having the second gun ready, you at length discharge the first two barrels loaded with heavy shot, and as they rise the others are let fly. Sad havoc has probably been made, but the guns are reloaded in ease the wounded ones should call them back to the rescue, in which case another dose can be administered. With a dark lanthorn the spoil can be gathered in, and another search made in the morn- ing. They can also be found by day, sailing around the lonely thousand islands of t' St Lawrence. With a long duck-gun and linked swan shot, .hey may be watched from the brow of a small rocky island as they approach its edge. Ascertaining their position, you walk slowly down, show yourself, and while they are timorously huddling together, send in the chain shot to the great peril of their long recks. While on an excursion among these beautiful islands, or amid the wild enchantments in the upper waters of the Ottawa, the time not devoted to geese will be be- stowc'' on the innumerable variety of other wild fowl. Gliding along in your small canoe, with a bush in the bows to conceal your person, you enter among the flocks of ducks without ex- citing suspicion, and knock them down right and left. Or a station is taken on a small communication between an inland lake and the river, and while they sweep through the narrow passage their plump appearance offers the best temptation to the display of skill. The curlew only appears for a short time in the spring, but the other species of plover are almost permanent resideuts. They may be found over the plains and at the edges of pools and rivers. Woodcock and snipe are found in great abundance in April and September in all the low waters and marshes. The former also frequent the thickets, where it is difficult to obtain them. The wild turkey is only to be had in the more southern dis- tricts, where they are maltreated and run down by hundreds, for their large contribution to epicurean comforts. Frequently on waking in the morning you find a numerous flock perched on 'M m .1 nd of service. towards you, leader. The aunt, and you the shots, and taking nume- »wn and com- .r too large a atory to taking een, but their le second gun Is loaded with r. Sad havoc ed in ease the in which case : lanthorn the in the morn- nd the lonely ong duck-gun the brow of a ertaining their nd while they un shot to the pursion among ts in the upper se will be be- owl. Gliding ivs to conceal 8 without ex- left. Or a en an inland the narrow ptation to the h le spring, but sideuts. They of pools and abundance in larshes. The cult to obtain southern dis- hundreds, for 'requently on perched ou I 45 your garden rail in familiar discourse. The window is soft! raised, and getting them in a range, you interrupt their confa by the horrible crash of a blunderbuss. The next moment sees you all in dishabille as you are, running stark mad through the fields after the limpers, crying " see boy" to Tovvscr and Pup, and alarming the whole neighbourhood. Often tiiey may be found perched on a tree, and by dropping the lower ones first, many can be bagged, or rather shouldered. The Canadian partridge can scarcely ever be covered on the wing. He ranges the whole extent of forest, and finds no occa- sion to come into the fields for food. He is cunning and timid, and the sporiing laws are necessarily laid aside while tracing him out in the thickets. His drum is heard in a cool spring morning for miles, but dropping from his position on the decayed trunk of a tree at any noise, much care is necessary in getting within a reasonable distance. The young, after leaving the hen, may be frightened by a dog to perch on the nearest tree, and destroyed like the wild turkies. The quail are numerous, and during the inclement seasons, frequent your farm-yard in bevies. They are of a small size, and are easily approached. A stranger will be astonished to witness the clouds of wild pigeons which wave through the whole Province at diflferent seasons of the year. The account given by Mr Cooper in the " Pioneers," of their being slaughtered with a culverin is no fiction. Myriads are brought down with every kind of missile, from the single bullet to the brick-bat. They journey to the north in summer, where they have " rooAieries" (?) miles in extent. The clangour there heard equals the din of the loudest tempest, or the sweeping wings of Milton's infernal troop of demons. In fact, if put on short allowance, an army might here take up its summer quarters, and live on pigeon pies very cheaply — a hint, deserving the notice of Mr Spring Rice, when planning a reduction in the army estimates. On returning in autumn they visit your wheat and pea fields, and coo and strut about your premises qu* 3 at home. Anglingi Sfc. The Canadas can boast of the plent<;ous supplies of the finny tribe in their waters, as well as game in their forests. The largest description are the sturgeon, maskinonge, and salmon or salmon trout. The smaller species include the pike, tiie pickerel, trojt. black, white, and rock bass, perch, chub, sun fish, cat's fish, bill fish, dog fish, white fish, herring, mullet, sucker. i (>ii Hi \'k h and eel. Of course every mother's son has an itching to get some of these fine fellows on his plate, which can only be done in the absence of fish markets, by catching them, notwithstanding the imputed ill-natured remark of father Johnson about the worm at one end of the line and fool at the other. The friends of the rod have many supports, both ancient and modern ; such as Isaac Walton, Donne, Hooker, Dryden, Gay, Sir H. Davy, together with a whole host of cockney amateurs, as may be seen in the print shops. Shall we not also mention that type of manhood and boyhood, the magnanimous Christopher North? Many others may differ in opinion, but like Dr Franklin, they will soon be converted in Canada. He never would taste fish until he saw the small ones taken from a cod on the Banks of New Found- land. The old philosopher then said, " you rascal, you eat your brethren and I will eat you," and no doubt a good feast he made of him. No markets being near you, in order to eat fish you must in the first place catch them. In consequence of certain testy criticisms on my hunting excursions, the bilious reader is at liberty to find how to do so in the New World by his own intuitive genius. In London one can find enough employment without being over communicative, especially over a dish of cod, sole, or plaice. But no ! the temptation is too great ; we must even wander off to lake, and pool, and cool brook, and sunny fountain — up shady delis — on mountain heights — over wide sweeping waters, " Five thousand feet in depth below." Come then, complacent reader ! now — as I hope you will come, right cheerily, at the same call, when we meet again 'neath— " Cloudless climes and starry skies." O ! the cool — the delicious — the wild-rover life of a trout- fisher ! Lost in breezeless nooks — amid silent wells and pebbly shores — now meandering with the stream, casting his fly athwart its deeply delved caves — anon whipping it over the shallows, tempting the speckled lurker from his shady retreat by the rock — now standing at the margin, sweeping below and above — then avoiding the brush-wood by wading the'current — with the fresh- ness — the peacefulness of creation around him — with the voice of wood robins and flowing waters in his soul, what can be more enchanting? The pandemonium af cities — the hum of needy industry — the sounds of barrel organs, trombones, and kettle drums, varied by the mellow voices of old clothesmen and fish- mongers — pleasant, although they be, can bear no comparison. The angler sets out in the morning with his rod and scrip, coi Hi i 47 .ching to get only be done twithstanding lOut the worm friends of the such as Isaac ►avy, together ; seen in the B of manhood Many others will soon be until he saw New Found- , you eat your feast he made I eat fish you ice of certain us reader is at i own intuitive ment without f cod, sole, or jt even wander ain — up shady waters, ope you will ; meet again of a trout- 18 and pebbly is fly athwart Ithe shallows, )y the rock — above — then dth the fresh- li the voice of lean be more im of needy and kettle len and fish- |;omparison. )d and scrip, containing his lunch, usquebaugh, and other necessaries, and repairs to the stream, running pure and cold from far-off high- lands, determined on a day's enjoyment, to which a light school- boy heart already offers contribution. He rambles up the winding banks, leisurely twirling his line here and there at the deep and sheltered spots, until finally driven by the thickets to stem the stream; but here he carefully proceeds as the finest ones are generally taken from such places. Proving the way before him, the trout are undisturbed owing to the swiftness of the water, until they dart at the treacherous bait, and are consigned to some small reservoir to await his return. Again the shores afford room to cast his line, and again he takes to the waters. So he pro- ceeds until the day wears away. Perhaps he may stumble into unseen cavities in the bottoms, but nothing annoyed, he swelters and plunges with very prankfulness, like a young hippopotamus, reinvigorated by the pure bright element, and calls his dog from the shore to have a gambol. Those who cannot endure such scenes are no trout-fishers at least, and had better stop at home to be dull, uninteresting codgers, fit companions for exquisites and spoiled children. I'he salmon trout are caught in the blue lake waters and adjacent rivers, both with hook and spear. A small herring is placed on the hook and sent down among them. By moving it slowly to and fro, the temptation becomes too much for their vacant maws. They make a voracious seizure, and the line runs out whizzingly, until you find it your turn to draw, and darting right and left he suddenly makes his appear- ance with a leap out of the water, as if courting the light of day. In the winter a hole is cut in the ice, over which a screen of bushes is erected that your form may not be seen. The herring is sent down., and if it be not caught it will be followed to the ^surface, where, as the salmon's head appears, you jut down a small one-handled spear, and bring in your lusty lashing prey. The fresh-water sturgeon grows to a large size, and having the art of suction as perfect as some of our parsons and pot- valiantly-loyal gentry, he is uncommonly plump and well to live. They are fond of sporting in rapids and near waterfalls, but dur- ing the spring resort to small streams on acc I II li ay 'i i 'tl '1 I 1 ! your favorite authors, knittiug together a story, or intolerable homogeny of bad rhymes, or fluttering in wide rooms to the chime of light airs and frolic measures — dancing, singing, sigh- ing, simpering, ogling, wassailing and other fashionable amuse- ments, all serve to make a pastime of winter to the trifler, not- withstanding the abuse he heaps upon it. No doubt there are those who ^iioose to deem " the gifts the gods provide " them too plebeian for enjoyment, or possess not the facilities for such enjoy- ment; but this is no reason for libelling what confers delight upon others. There is one comfort, that after such a triumphant refutation of their calumnies, they will have slight chance of being believed, and this is something consoling ! In March the snow generally disappears, and shortly the buds begin to put forth, the grass to spring, and every thing assumes % new aspect. At this time you walk forth like a new man, rejoicing in the change. I'he cows repair to the pastures, the fheep nibble choice repasts on the southern hill sides, and beauteous birds are heard warbling from orchard and copsewood. A i)i0usand nameless streams irrigate the low lands as the wind liquidizes the last vestiges of winter. You need not cry in vain — " O! for a beaker, full of the warm south" — you drink it in grateful draughts from the overflowing bowl of creatioi' ruets have sung, from time immemorial, of the plea- sures oi spring, but they never witnessed aught like that in Canada. \Vheu they visit it we may expect something truly interesting, ind to them Is resigned the pleasing task of descrip- tion. A poor proser finds himself choked in the very commence- ment, besides, it is trenching on hallowed ground. The Summer is warm, sunny, and delightful. Except in the narrow streets of the large towns, with a dense population, it is never found very oppressive. At noon-day, shoidd it be uncom- fortable, you have the same shades to tower over you from whence your warmth was obtained in winter. There can you repose at will, undisturbed by noxious vermin, or worldly cares and dis- quiets. All is calmness and security — fit abode of man — from careless peasant down to poet and philosopher. Such a country Messrs Southey and Co. should have pitched upon for their " Pantisocracy," instead of " Susquchannah's banks," in a "dis- loyal " and Jacobinical country. Instead of the murky, dirty atmosphere of small islands and sea- ports, you have the clearest and brightest prospects for days, without a cloud to obscure or interrupt your occupations or enjoyments. A brief shower may catch you now and then — but you are not eternally drenched and bespattered, like tlie forlorn i^ 53 y, or intolerable de rooms to the [r, singing, sigli- ihionable arause- ) the trifler, not- doubt there are ovide " them too }s for such enjoy- conf^rs delight ich a triumphant slight chance of and shortly the and every thing forth like a new • to the pastures, n hill sides, and I and copsewood. mds as the wind not cry in vain — rtiowing bowl of rial, of the plea- ;>'ht like that in something truly <; task of descrip- very commence- d. Except in the population, it is uld it be uncom- ,^ou from whence m you repose at y cares and dis- le of man — from Such a country upon for their mks," in a " dis- l islands and sea- spects for days, occupations or w and then — but like tlie forlorn wayfarers in some other quarters' of the globe. Beside^, it moistens your arid lands — the music of birds and lowing of cattle give note of its refreshing qualities, and you also delight in the change, so long as it does not amount to actual drowning. Winter and spring and summer are all very fine in their way, but to a reflecting creature Autumn claims the largest share of love and admiration. It is indeed " melancholy and gentlemanlike," but after so much gorgeousness the mournful and solemn are not disagreeable. Man cannot always laugh ! And who has not realized the poet's concentrated thought of a "joy in grief?" Not that grief which overpowers, but that which softens ; whicii dwells on the frailty of existence, and draws lessons of usefulness from meditation and a retirement upon self. The face of the landscape is changed ; the meadows are smoothly shaven ; the corn-fields divested of their yellow harvest; the fruit hangs blushing from the o'erladen boughs ; the forests appear in garbs of a thousand dyes ; every thing indicates that state of ripeness verging towards decay. The human mind soon assimilates to the scene : a spirit of dejection steals into every breast; the profligate and frivolous dread the spectre shade, and strive to banish the fancied illusion ; but the thinking man courts the lessons of wisdom thus held out to him ; he rambles among the withered vestiges of departing grandeur, and laments not the fall of the sapless leaf in viewing the germ that shall be reani- mated, and give life to a new world of youth and beauty. The wide -spread solitude may remind him of the departed, " Who glide above liis memory Like shadows over streams," but an inward consciousness informs him tliat with him there will also be a springtide reopened, where desolation cannot come- where the gifted and illustrious, the humble and lowly, already reap their reward of virtue — whitlicr he hopes " On the morning's wings to flee Away, and be with those he loves." His body does not even perish, when it returns to his mother earth and sleeps beside his favorite tree in the vale of flowers : — " Eseap'd o'er fortune's gloomy wave, To anchor in the silent grave." The Canadian autumn stirs up other feelings. Tn it the hus- bandman reaps the honest reward of toil, and does not regret having cast his " bread upon the waters." He sees his garners filled to overflowing with a self-satisfied air, and rejoices in having come to a land of so much promise. u I I M (•' \h \l t 1!|' I'dii f a > 11 54 All the self-styled travellers, bookmakers, and poetasters^ have eulogized this season in every variety of strain ; some of larger calibre have joined the diapason : so that we have, from CulTen BryEint, the best of transatlantic poets, through all the gradations down to Mr Nathaniel P. Willis, in its favour, and no one can dispute such good authorities. We can aiford to plume ourselves upon this matter then, if nothing more. There are, in fact, five seasons ; one being what a bewildered and bewildering poet would call an autumn within an autumn. This bears the homely cognomen of the " Indian summer." Why so called it is hard to determine, unless it be that this is the only summer he enjoys, poor fellow, hunted and tor- mented as he is by that inveterate and rapineous intermeddler— the pale face. The Indian summer generally sets in the latter end of October, and continues usually a fortnight, during which time the air is warm and balmy, as in September ; but a continued haze robs the sun of his *' fair proportions," not unlike that prevailing over London. Many wise heads have been engaged in accounting for this, but have not agreed in the solution of the mystery. The most plausible one is, that it is caused by the burning of the Prairies by the Indians to the south and west. This is proble- matical, from its recurrence being certain, notwithstanding the opposition of contrary winds. There can be no doubt, however, in one thing— that it is hailed with extreme good-will, and deli- ciously enjoyed. Dr Johnson once boasted that he never felt his spirits elevated or depressed by changes in the weather — not he ! In a country where there are so few changes (for the better, I had almost added) he could so boast without much risk ; but in Upper Canada, if he held out for the four seasons, he must have given in at the fifth. Here his burly frame would soon indicate such signs of friskiness as when he made that huge uproar and horse gujhaw late one night at Tcmble bar, or when he bought a cudgel for the purpose of not leaving Foote a leg to stand on, if he mimicked him on the stage. The old hero could not withstand the charms of an Indian summer, nor can any of his admirers : they would think themselves inhabiting the happy valley, nor wish to fly from its peacefulness and serenity. a if 55 setasters, have some of larger !, from Cullen the gradations ind no one can lume ourselves it a bewildered in an autumn, iian summer." it be that this unted and tor- intermeddler— 3nd of October, time the air is nued haze robs prevailing over [ in accounting mystery. The burning of the This is proble- ithstanding the ioubt, however, i-will, and deli- |ie never felt his ather — not he ! for the better, I ch risk ; but in Lsons, he must e would soon lat huge uproar or when he Foote a leg to old hero could nor can any of tin^ the happy Irenity. Chap. VI. INTERNAL RESOURCES. Not only is the Province blessed with a good soil and delightful climate, but it also possesses every other internal advantage for a great and powerful nation. There are three or four iron mines already being worked that produce specimens of the cleaiest and finest metal. The ore abounds in different sections, although the demand for it has not yet directed much attention to its value. Salt springs are also common, and companies have been formed which derive much profit from their investments, although the establishments in the United States are enabled to under-sell them, from the much greater spirit with which they conduct their affairs. The disgraceful tyranny of the Canadian Government prevents that accession of capital from other countries which would otherwise be employed to advantage. When equal and liberal institutions suited to the wants of the inhabitants shall have been yielded or in any way obtained, the imaginary line of the United States will not then be considered a barrier to all further enterprise on the part of her citizens, and British wealth will also pour in and accumulate in proportion as the channels of trade and coi merce become extended. Steps were taken in the last session of Parliament for a geological survey of the Province, and information was obtained of the most cheering nature ; but, owing to the lateness of the session, no provision was made to carry it into effect. Lead is obtained by the Indians in a natural state, of the purest description, but information as to its locality no one can draw from them. They are fearful of being dispossessed of it in the way their lands were taken, and no doubt this would be the case. It is said to be in the bottom of a deep and rapid river, in which thev dive and hack it out with their tomahawks. The country, however, gives every indication that tliis also exists in abundance, awaiting the hand of industry to become a source of wealth, both private and public. A lead mine has l>een lately discovered on the borders of the St Lawrence, in the neighbouring republic, which has already become most valuable stock. The § same chain of highlands in which it is found intersect the river Ml 'I 'i.i* 1 • >y J f ill' :' 'Si' 1. 1 i (:• I '; if < i) i I! 56 and cross tlic country to the Ottawa. This circiimstaricc has coriA'incedtlicir neij^hbours, if not the Canadians, that much value is to be attached to this portion of country. There are also many indications of coal, but while wood remains in such abundance no necessity exists for seeking it. The fisheries, if juoporly regulated, are also capable of being made useful. The siniiular fact that the salmon-trout and white- fish, and, except in one or two places, the herring, are only to be found on the northern coasts of the lakes, might be turned to advantage, had n;;t the wretched Goveri lent encouraged rather than restricted foreigners from profiting jy them. The inhabi- tants of the United .States know well their value, and do not fail to take advantage of the degrading apathy in which bad govern- ment has involved the country. Were the fisheries properly pro- tected, a traffic with the republicans could be openc^^ in the article of fish alone, which would far more than couik .rbalance the evil of their importations, and turn the balance of trade against them. lor a series of years the Lumber business has been the chief stay of the lower districts of the Province. The country adjacent to the St Lawrence and Lake Ontario has been mostly cleared of marketable timber, and the bulk of the trade is now confined to the Ottawa and its tributaries. No less than 25,000 men are yearly employed here in cutting and dressing for the English market, consisting principally of Lower Canadians and spirited Irishmen, and certainly a more hardy and daring race of men cannot be found. The dangers they encounter in running the timber to market through Chats, Chaudiere, and Lon in the n coun. .rbalance balance of trade as been the chief country adjacent mostly cleared of i now confined to 25,000 men are for the English ians and spirited ing race of men • in running the ind Long Saultt apable of intimi- ilone taking part five-and-twenty liling attempt to IS for their sup- ?d for the cattle i in the adjacent a these favoured unerating prices •ed to the poor nent for himself riiis temptation, "With the hope 'ul Lumbermen, do not under- cy have not the jver reach Que- bec, the speculators know too well how to take advantage of their necessities. The prices are ktpt down until he is obliged to sell, to discharge his men, and he returns ruined. His creditors above became clamorous : his farm is conveyed away, and at length the dungeon shuts him from his despairing family. Thousands have met this fate, furnishing faithful lessons to the new-comer against unnatural avidity. Except the good eifect on the markets of the neighbouring country, and its means of cheaply introducing the manufactures of Greet biitain, Upper Canada does not derive much benefit from the Lumber business. Its profits are chiefly devoured by the hungry speculators in Quebec, connected in some way with British houses, who cry "Loyalty" and " Constitution" with all their might so long as they can be protected in their virtuous pursuits. These are a part of the same class who bring forward such false and calumniating charges against those very Cana- dians by whose exertions they are alone able to sustain them- selves ; and who are insulted by the epithets of " alii ns in blood, in language, and religion," because they wish for a state of things that would put an end to their practices.* Owing to their doing business with such men, instead of shipping direct for England, or having connexion with the high feeling English merchant, the Lumbermen are scarcely ever successful in accu- mulating much property to be expended in their own vicinity or Province, so as to render his eflforts available for the improve- ment and beautifying the Province. After combining for a re- duction in the prices, unjustified by home intelligence, the speculators, many of them, have a very convenient way of closing their doors and offering a dividend on their bills, which the seller has been obliged to receive in exchange for his Lumber. Some of them often oflfcr the astounding sum of two shillings and six- pence on the pound. There being no bankrupt laws, and if arrested the limits of the prisons give them a free range over the Province, they announce their failures with the utmost sangfroid, • To show more fully the disinterested motives of tiiese men, it is only necessary to refer to the Records of Parliament in 1791. In the April of that year, while the " Constitutional Act" was under discussion, Mr Hussey pre- sented a Petitioii from several merchants, traders, &c. in Quebec and Mon- treal, praying that the Bill might not pass into a law, because, on " weighing the consequences of it, they conceived it would be attended with f/reat in- jury to the said Province, and partiadarly to the irnde and commerce of the Petitioners." This vas at a time when there was a perfect despotism in nanie, as there has been in fact, since, in the Province. Yet these mer- chants, &c. would be injured by the least app'-oach to liborty J They also employed counsel, who spoke on their behalf before the VIouse of Lords, against the Bill. Such matchless au.Iacity can only be found in that cbss, now the self-styled " Constitutionalists,"' forsooth ! I Mi I ,jl «-.■ '■^■■a Jl I i:i > I »(.: I'yi 68 not even deigning sometimes to exhibit their books. In merean- tile aflfairs many of these, in the nature of things, are to be expected, but downright knavery — nay more — robbery, has been charged against not a few, without contradiction. Unless the Lumber merchant have a large capital embarked in it, he is entirely at their mercy, and very little he receives. Instead of dealing justly and honourably, as the honourable dealer is ever found to do, and as knaves, pickpockets, and pedlars do not; instead of conforming to the spirit of those laws which they would fain make appear they understand and admire exclusively — they engage in every paltry trick to accomplish their ends and put money in their purse. No man can deny the truth of this pic- ture, or i/a stray one should appear, hundreds will arise to reite- rate the assertions and bear witness to their correctness. The Province derives a large resource from the sale of crown timber, purchased to be made into Lumber, but the precise amount has never been ascertained. It is found too useful as secret service money to keep the system working, to be placed under the con- trol of the Legislature. Chap. VII. FACILITIES OF INTERCOMMUNICATION. Ni 1 i'' I By inspecting a map of the Province it will be perceived that the whole range of frontier is fringed by a succession of lakes and rivers, affording the most magnificent outlets for the pur- poses of commerce. With two impediments, the Falls of Niagara and the rapids of the St Lawrence, the whole extent is navigable for a greater part of the year, and swarms with every description of craft. To surmount the obstructions at Niagara, a canal has been for years constructing, of sufficient depth to admit the sloops and schooners navigating the lakes. Unfortunately it has not been fully completed, notwithstanding a large sum has ■jeen advanced by the Province for the purpose. It, however, is sufficiently advanced to be navigable, and its tendency to increase the trade denotes an immediate necessity for its completion. The Province have embarked in another work to improve the St Lawrence navigation, by cutting a ship canal around the i V 59 ks. In merean- lingS) are to be •bbery, has been n. Unless the ced in it« he is ves. Instead of e dealer is ever pedlars do not; hich they would cclusivcly — they r ends and put uth of this pic- ill arise to reite- rreetness. The f crown timber, cise amount has IS secret service under the con- N. jerceived that cssion of lakes for the pur- alls of Niagara nt is navigable ery description ra, a canal has to admit the ifortunately it arge sum has It, however, tendency to essity for its improve the il around the rapids of that river. For two years the undertaking has been conducted with spirit, and will be no doubt finished speedily. Not many years ago, the purse-strings of honest John Bull were loosened to the tune of a million sterling, in connecting Lake Ontario with the Ottawa. This has been effected in the most magnificent manner. Dams are constructed, unexampled in extent and stability, which throw back the waters of the Rideau for many miles, rendering the former shallows and rapids safely passable for steam- boats. Locks are erected of corres- ponding size ; the level of whole lakes raised ; ledges of rocks reduced ; the course of streams diverted — every obstruc- tion was made to give way before the indomitable spirit of British gold — and there it will remain a monument of architec- tural skill, and the good disposition evinced, even by Tories, to benefit and preserve the affections of the Canadas. So long as the work remains, it will ever call up in every Canadian's breast the purest emotions of gratitude for this instance of parental con- sideration. That ministry well deserve the contempt and execra- tions of mankind, who, by refusing to acknowledge and redress the grievances that afflict them, are the means of causing other feelings to predominate. It has been observed that the Government were impelled to this work for self-preservation, in consequence of having ap- appointed stupid, bubble-headed commissioners to settle the boundaries between the Canadas and the United States, who gave up the whole navigation of the St Lawrence at one place to the United States. Now it is quite certain that the Yankees, as they are facetiously called, did manage to outwit the heavy- headed, jobbing British commissioners. When the islands in those streams along which the line runs came to be considered, it was a question how they were to be disposed of. Instead of dividing the river equi-distant from each bank, regardless of them, Jonathan slily insinuated that a lumping bargain could be made of it, by allowing the whole island to go to those who took more than one-half, after such line was drawn. Wishing to show their liberality, and utterly regardless of Canadian territory and Canadian interests, under the flattery freely ad- ministered to their shallow capacities, this offer was accepted. Nothing calamitous was the consequence until they reached Barnhart's Island, in the rapids of the St Lawrence, which comes within rifle-shot of the Canadian shore, and which fell to the Americans. The channel being on the south side, of course the whole navigation is commanded by the Republicans, and in case of war the Canadians would have to defend the country alone, without Uiat smdll assistance rendered them from England I i f I' ; \H',l 11 !l 'V ? ^ ' ii ii : 1 1 ! r; I ! 1 '\V' it h intercstsr, what cared the hard-working farmer for them? The one had the same right to take such a course, as the other had of being amused at it, and despising the spirit that could so inflate itself. The unpretending portion, however, who were not grasping at idle shadows, continued to cultivate their estates with unabated energy, and far outstripped their neighbouring gentle- folks in beautifying and improving them. Theii soil was ren- dered more productive, and in time, neat, substantial stone dwel- lings supplied the place of the humble cottages. Such successes created a wider division, aided by envy and humiliation on the one side, and independent feeling on the other. The panoply and show of the British Constitution had been introduced, and economy in the public expenditure was the last thing to be thought of. Conscious of bemg unable to maintain their assumed importance by their own exertions, particularly where the agri- cultural duties were considered degrading, the noblesse found de- pendence on the bounty and patronage of the Government their only resource. Wherever new oflices were to be filled, who so capable as themselves of doing the thing genteely? Beside, their incapacity for drudgery gave them the first claim on the Executive. Nor were their former services omitted, nor the unction of flattery denied to the Executive. Loaded with ap- pointments, it is not a little surprising that their yearly incomes should have been found inadequate to their maintenance without new impositions. Yet so it was, and here arose the first serious divisions, which have never since been healed, because the origin still remains. Those who were less favoured by Government patronage, but who had a taste for high life, were const'-ained to rely more upon their own resources, but anything was more " respectable" than the most independent life of all -chat of an agriculturalist. Many purchased limited assortments of goods, and instead of shopkeepers they assumed the more dignified t* Ae of merchants. The buildings contrining their wares were stores insteads of shops. Others employed their time in setting their neighbours by the ears to increase law expenses, while some made it a point to dance constant attendance on tne gallant General at head quarters, ready to pay court according to the most established rules of etiquette, and receive with avidity any God-send in the way. Land was not then of much value ; but rather than remain out of employment, a few thousand acres were to be begged and laid by for future use to themselves or descend- ants. During all these curious proceedings the many were earn- ing that honest livelihood which follows spirited exertion. They were untaught in the lan^ age of courtly submission, but having their hands and the energy of an independent mind, they required •iV no bee ing wit aut the of V I .rthcm? The le other had of ;ould so inflate vho were not eir estates with ouriiig gentle- [ soil was ren- tal stone dwel- Sueh successes iliation on the The panoply ntroduced, and st thing to be 1 their assumed k'here the agri- Uesse found de- vernment their filled, who so jely ? Beside, t claim on the litted, nor the oaded with ap- yearly incomes enance without ;he first serious ause the origin r Government const»'ained to ing was more 1 -—that of an ents of goods, dignified t' Je 'es were stores ti setting their while some >n tne gallant ording to the th avidity any ich value ; but and acres were es or descend- ny were earn- ertion. They )n, but having they required 71 no official aid to sustain them. No envy arose in their breasts because others pursued a different "oursc ; but their hard earn- ings were not wrested from them to support their extravagances, without murmuring and complaint, although never so legally authorised. They had talcen up arms for their King, because they had deference for his authority, and not for the selfish end of appearing in uniform, bullying in the plenitude of short-lived power, and depending on the bounty of others ever afterwards for sustenance. The same manhood which enabled them to act befitting a soldier, led them to active exertion in overcoming all obstacles to affluence and real and substantial honour. They were not unrewarded. They, or their descendants, are at least enjoying competences; yet no reproach saddens their hours of reflection, of their having been "ijustly or dishonourably ob- tained. In a few years, those who paid the most attention to public affairs, daily percei/ed fresh evidences of that corruption which has since proved so calamitous to the country. The storm was brewing in the distance, but its dangers were not diminished by the delay in its coming up. On the contrary, time was afforded for attracting all those noxious vapours, adding tenfold violence to ts course. Whether shelter is to be sought under the broad (Cgi of British justice, now that all its thunders are like to ex- })lode, remains not for the Canadians to say. Such protection las been sought, but the answer cannot by them be given. In the year 1812 a war broke out between Great Britain and the United States, and although the Canadians knew nothing of its scandalous origin, again were they called upon to enter the field, and give fresh proofs of their loyalty. Owing to the suddenness of the declaration, scarcely had they time to recover from the surprise, when their frontiers were invaded. Hereto- I'jre the public affairs had not been managed to please them, but all was forgotten iu the hour of danger. The tocsin was sounded, and they flew to arms like wildfire. During a three-years' strug- gle they left many evidences of their devotion on the field of contest. Many who had served in the former war, and had led a life of care and exertion since, were again called upon, in their old age, to seal years of martyrdom, by a violent death, in sup- port of Tory folly. Their bones are mouldering in many an ample hillock, and shall they be profaned })y the footsteps of tyranny without any to come to the rescue ? Time will show ! During the whole of that contest the conduct of the British Government can only bo justified by the degrading acknowledg- ment that the Tories were in power. A few rickety ships were rn n 5^2 II \a ^^ ' 'i 'fi J ifl J dispatched on the coast of the United States, and shamefully overcome. A few regiments of foot were sent into Canada under the command of such officers au Provost and Proctor ! The burthen of resistance was thrown on the Canadians of both Provinces, and without their assistance the flag of England would have been trampled in the dust as at New Orleans. But they were not wanting. The base wretches who now libel them deserve to be given up to their vengeance. Well will it be if they are not soon called upon to resist domestic aggression, with the same determination that nerved their arm against the common enemy. The struggle might be sharper, but it would be shorter. Ihis the Whigs ought to know, but the point of the bayonet seems necessary to stir them on to every step. They ought to know that, in so distant a country, the struggle would be at an end the moment of its commencement ; after which meek and humble temporising would have no effect. In such a crisis their delay deserves the punishment of crime ; and yet they seek the applauses of the present age as the saviours of their country, and wish not to be disturbed, as if the public were as ignorant of their treacherous conduct as they are of their own duty ! No wonder every sensible politician is anxious to dis- card the name they bear. It makes one blush to read it in historV) even in connexion with such names as adorn its page, and lie cherished in every breast. When the last brutal and unhalloAved war broke out, between ICnglishmen and their brethren in America, the annals of barbarity cannot afford a parallel to the atrocious spirit which influenced both parties. The old wounds of the Revolution had not yet been healed. That fiendish malignity, actuating the King's Ministers in 1775, which insisted on exterminatiug the Americans rather than yielding to their claims, had been sufficiently humbled to leave a dark, inhuman passion behind. Instead of uniting together for mutual advantage and self-defence, and setting a signal example to the whole world, of forbearance and magnanimity, an unjust pretension must needs be raked up from the pestilent rharnel houses of Toryism, to commence the unnatural war anew. A right of search in all American ships was claimed, but the true mtention was to divide and throw into confusion that Government where the people were acknowledged as the source of all power. IScandalous schemes, dishonourable to any nation, have been exposed, clearly showing this to have been the latent motive. For this purpose, the hell-hounds were let loose, and those of the same blood, language, and habits, at the beck of the Tories, were thrown headlong into the bloody arena. It was worse than a civil war, and equally as disastrous in its m .and shamefully ent into Canada st and Proctor ! finadians of both flag of England w Orleans. But I who now libel ;e. Well will it lestic aggression, arm against the er, but it would but the point of II to every step, jtry, the struggle neneement; after I'e no effect. In nt of crime ; and as the saviours of f the public were r are of their own 5 anxious to dis- usii to read it in as adorn its page, e last brutal and shmen and their cannot afford a :ed both parties. yet been healed. linisters in 1775, jans rather than umbled to leave uniting together setting a signal magnanimity, an om the pestilent e unnatural war ips was claimed, into confusion owledged as the )uourable to any is to have been :iounds were let id habits, at the he bloody arena. isastrous in its V 7S results, particularly to the Canadians. The Americans were no mean enemy to cope with. Their regiments contained many natives of the old country, and although, on particular occasions, the raw recruits shrunk from the shedding of blood, yet the British officers readily bear testimony to their valour in the later periods of the struggle. The Canadians, therefore, were en- gaged in no child's play in resisting their invasions, and rolling the war back in return. Ti»e field of battle was no place for enqui'-ing into the cause of taking up arms, and was it degrading in them to rely implicitly on British honour when so^ many millions had the same confidence? Here the son, standing by the father's side, learned that practical lesson of pride and heroism, worth all the boasted chivalry brought down from past generations. The battles of I.a Cole, Chrysler's farm, Lundy's Lane, Chippewa, Fort P>ie, and Detroit, bear witness that no want of moral courage can be laid to their charge. Some of these, in proportion to the numbers engaged, were of the fiercest and most destructive character, and the foul slanderers of the natives of both Provinces can never tarnish the glory thus acquired. The young Canadian, from his habits of life — his muscular frame, inured to every toil and climate, his constitution, robust in health — presents the best possible subject for active life and hard service. As a natural consequence, his mind will not submit for the purpose of protecting his outward man. If you grind him, it must be done by assuming the character of a friend, and not in open opposition to his wishes. Untutored he may be, but this is the fault of the rulers of his country, and not his own. He has sufficient education, however, to know ivhen he is oppressed. He may not know why a government should be bad when it ought to be good ; why a wrong path should be chosen to attain a destination in preference to the right ; nor that the God of Nature ever made one man to become a slave to another. But this is the refined logic of schools, and therefore he is not cul- pably ignorant. The squalid fools who assume a superiority over him he laughs to scorn, and ii, is indeed a fit subject of merriment. Principle and expediency he considers handmaidens, whose separation would be alike disastrous to both. His father has told him wliy he adhered to his natural allegiance, when others were driven to desperation, in the olden time ; and why he sought to still maintain that allegiance by emigrating to a new country. It was not to live without liberty ! Not to leave an inheritjmce of misery to his children ! His aged monitor may have gone down to the grave, but he hears his melodious voice in every breeze that passes. lie owes it to his memory — m m i^t II 1 ; ,/ , ,1 ill I', ^j '■i\ li p.H trMt to the vainly-supposed tottering Republic of the United States, that to omit so important a feature, reposing so much power in the people, would be denying at the outset the greatest essential to its harmonious working. Nor was it omitted. The Act provides for an " image," or " transcript," of the Cabinet Council, to be known as an " Executive Coimcil." There is no separate clause pointing out the formalities in the appointment of such Council, it being mentioned in different places through- out the Act. In the 34th clause the following may be cited— " together with such Executive Council as shall be appointed by " his Majesty for the affairs of such Frovi7tce" Also in the 38th clause the Lieutenant-Governor is to act " with the advice *' of such Executive Council as shall have been appointed by his ** Majesty, his heirs, or successors, within such Province, for the " affairs thereof" Since the Act has been in operation, therefore, an Executive Council has always existed. Sir Francis B. Head, the Whig nominee, but Tory Lieutenant-Governor, (if the dis- tinction may now be drawn), has been the first to dispute the duties of such Council, and declare them to be his mute, ir- responsible servants, instead of the servants of the public. In addition to the obvious intention of the British Parliament to copy from the Cabinet Council, as well as from the Lords and Commons, the very oath taken by the members of the Ministry is required to be taken by each Executive Councillor. They are sworn to advise to the best of their " cunning " and " discretion " equally with the rulers of the Empire ; and, taken by itself, this oath implies the same necessity in the Lieutenant- Governor to be guided by such advice, as the King. It is as follows : — " Yon do swear, that so far forth, as cunning and discretion sufficeth, you will justly, truly, and evenly counsel and advise the King and his Represen- tative in the Government of Jiis Province, in all matters to be communed, treated, and demeaned in the Executive Council, or by you as the King's Councillor, without partiality or exception of persons, not leaving or eschewing so to do, for affection, love, doubt or dread of any person or persons. " You shall keep secret the King's Council, and all that shall be com- muned, by way of counsel in the same, and shall not discover it by word or writing, or in any otherwise, to any person out of the said Council, or to any of the same Council, if it touch him, or he be the party thereof. You shall not gift, meed, good, or promise of good by any man, or by promise of any other person, accept, or take, for any promotion, favouring, letting, or hindering any matter, or thing to be treated or done in the said Council. " You shall, with all your might and power, help and strengthen the King's said Council, for the good of the King and this Province, and for the peace, rest, and tranquillity of the same. " You shall withstand any person or persons, of whatever condition, estate, « € 11 n L\ )f tKc United inff so much t 3ie greatest mitted. The f the Cabinet There is no ! appointment laces through- lay be cited— ! appointed by Also in the with the advice pointed by his rovince,jorthe ition, therefore, ancis B. Head, or, (if the dis- to dispute the ; his mute, ir- e public, tish Parliament "rom the Lords embers of the tive Councillor, cunning" and ire ; and, taken ;he Lieutenant- ing. It is as tion sufficeth, you [and his Represen- to be communed, I you as the King's k not leaving or lof any person or liat shall be com- )ver it by word or taid Council, or to [rty thereof. You I, or by promise of louring, letting, or le said Council, tngthen the King's |ince, and for the ■ condition, estate, 4 -.la 1 " or degree, that should attempt, or intend the contrary, and generally, you " shall observe, keep, and tlo all that a good and true Councillor ought " to do unto his Soverei<;n LortI, or iiis Representative, in this Province." The first Lieutenant-Governor, Simcoe, sent out directly after it became a law, who was a member of the House of Commons at the time of its passing, in his opening speech to the first Upper Canadian Parliament, told them it was not a new or untried Constitution that he brought with him, but one that had stood the " test of aees, the very image and traitscriptf" of that of Greac Britain. This could not have been the case were there no responsible Council. Yet Sir T. B. Head says — " But the Constitution which his Britannic Majesty George the Third granted to this Province ordained no such absurdities.^' Wherein is shown great ignorance, if I may use the term, m attributmg an Act of Parliament as the grant of *' his Britannic Majesty George the Third," and great self-complacency in characterising such enactments as " absurdities." If the Council are only to give advice on the expediency of issuing a few patent deeds, why call it the " Executive " Coun- cil ? The lexicographers define the word " Executive " as " having power to act." If Mr Pitt intended their power of advising to be restricted, he could have called them the Privy Council, or by any other name suited to their duties. Were this Council not modelled after the Cabinet Council, and intended to have corresponding powers, upon what principle of expediency or necessity was it formed at all ? Why make it to advise " on the affairs " of the Province, and confine it to one affair, the Landi-granting depart: nent? Why make the mem- bers bolt an oath of the most general and formal character, and oblige them to forswear themselves by doing nothing, except being the tools of the Lieutenant-Governor, to screen him from dreaded censure, and bowing implicitly to his supreme dictation ? Where in the whole globe can be found the counterpart of such a Council, and what name would be bad enough for the villain practising such a deception ? But Mr Pitt did not intend any deception, nor have the Canadian Oligarchy the slightest grounds for their construction. This question being of the most vital importance, and it being necessary to introduce documents in order more clearly to understand the position of the controversy, it is proper first to premise that Sir F. B. Head, on his arrival in February last, set himself about the work of Reform, apparently in good earnest. The Executive Council then consisted of three members, viz. — The Hons. Peter Robinson, Commissioner of Crown Lands, G. H. Markland, Inspector-General, and Joseph Wells, Bursar of King's College, who were Legislative ^ .^^s^ • e / • «" o o o O o O O o Oo o * o IMAGE EVALOAtlON TEST TARGET (MT-S) /. © o o 1.0 ■u Itt 12.2 Sf 144 ■" :^ L£ |2.0 I.I lUiSi i^ i^ 1^ ® n Hiotographic ^ Sdences Corporation WIST MAIN STRUT WiBSTIP.N.Y. 14SS0 (716) •73-4503 ^ "% ■* .1 ! 92 Councillors also. Sir Francis Head forthwith entered into nego« ciations with Robert Baldwin, Esq., an eminent barrister and a reformer, requesting him to choose two friends, to be called with himself to the Council, and it was finally settled that Le, with John liolph, Esq., a gentleman universally esteemed for great ability and patriotism, and the Hon. John Henry Dunn, the Receiver-General, should enter therein. They were ac- cordingly sworn, and took their seats. After so glaring an admission of the principle contended for, in following the rule adopted in England, it is truly surprising that any different doctrine should so soon afterwards be advanced by him. By his calling Mr Bald\vin to form the Council, he unquestionably admitted the analogy to the Cabinet ; else why not name such as he himself thought proper, witliout reference to the opinion of that gentleman. Notwithstanding this apparent desire of securing unanimity, his subsequent conduct too clearly proved him to be aiming at arbitrary power. The old Councillors were supposed to be Tories — the new were known to be entirely the opposite. In their deliberations there would evidently be a clash ; they Avould nullify each other's votes, and Sir Francis, like the monkey and the cats, could step in and act as he chose. This was marked at the time, and his conduct since renders this solution of tlie affair correct. Three weeks after these appointments, a circumstance occurred by which he found he was dealing with men possessed of both discernment and principle, of a description far above submitting to humiliation for the sake of place. A fair trial was awarded him until the course be intended pursuing was well ascertained, when the following manly and patriotic Address was presented to him, signed by every member of the Council. An extract from liis answer is also given, upon the receipt of which they at once resigned, amidst the regrets of the whole Province at the loss of their valuable services, but approval ot iheir honourable conduct in refusing to deliver up the interests entrusted to them. REPRESENTATION. \ i Executive Council Chamber, at Toronto, Friday, 4th of March, 1836. TO HIS EXCELLENCY SIR F. B. HEAD, &c. Majf it please your Excellencij, The Executive (.'ouncil, impressed with the oath they have taken to dis- charge the duties necessarily resulting from their appointment " to advise the King and his Representative in the Government of the Province," in the terms of the Conntitutional Act, " upon the aflaira of the Province," d^^m 93 it incumbenit npon them most respectfully to submit the following represen- tation :— The Executive Council recOj^nisj the truth of the opinion expressed by Lord Glenelg, tliat " tlie present is un ern of more difficulty and importance than any which has hitherto occurred in the history of this part of his Ma- jesty's dominions." This unhappy condition they ascribe, in a very great degree, to the hitherto unconstitutional abridgment of the duties of the Executive Council. It appears from the proceedings of the House of As- sembly, and from the reiteration of established opinion in the country, that neither will public expectation be satisfied, nor contentment be restored, until the system of Local (iovernment is ordered and conducted according to the true spirit and meaning of the Constitutional Act. The delay of this just and indispensable course has already excited, in the great mass of the people, a lamentable jealousy and distrust, and has also induced the discussion of constitutional changes, the desire for which, unless speedily arrested, by affording the unrestricted operation of the 31st Geo. 3, chapter 31, will not only become more fixed, but rapidly increase to a greater and irretrievable extent. The policy and measures which have led to the present condition seldom passed under the review of the Executive Council, or were submitted for their advice. Nevertheless, its members have been undeservedly subjected to the heaviest reproach throughout the country, from a prevalent belief that they have been called upon to fidfil the duty imposed upon them by the Con- stitution, as advisers upon public afliiirs. But amidst the obloquy thus thrown upon them, they have studiously avoided any attempt at exculpation, by disavowing, in their defence, any participation in the <'onduct of the afTairs which they were erroneously supposed to have approved. 7'he consequence of this silent endurance of political odium has been the perpetuation of the misbelief that the Executive Council are conversant with the affairs of the Province, upon which they are appointed to advise ; and although an oppo- site practice has generally prevailed between former Lieutenant-Governors and their Council, yet it has ever been notoriously contrary to the state of things presumed by the community to exist. Public opinion respecting the Executive Council and their duties has been founded upon the terms of the 31st Geo. 3, chap. 31, to which Statute the people used to express a firm attachment, an attachment which the Council lielievo never would have been impaired had the Constitution been administered either according to its letter or its spirit. In several clauses of 31st Geo. 3, chap. 31, the Executive Council is men- tioned in general terms. In the 34'th clause the terms are " together with such Executive Council as shall be appointed by his Majesty for the affpirs of such Province," and not as it wouKI otherwise have been expressed, " to- gether with such Executive Council as shall be appointed by his Majesty J'oi- that put pose." In the 38th clause the terms are *' v'ith the advice of Kuch Executive Council as shall have been appointed by his Majesty, his heirs, or successors, within such Province for the affairs thereof," and not as it would otherwise have l)een expressed, " with the advice of such Executive Council as shall have been ap]M)inted by his Mi\jesty, his heirs, or successors, within the Provincc/yy that purpose " The same may be said of similar terms used in the latter part of the seventh clause. With respect to which clauses it may be further remarked, that had it been contemplated that the Executive Council were to act only in the mat- ters therein specified, the words " on the affairs of such Province" might have been onuttcd, without in the least impairing the legal effect. In the I f >ffi 1 1 i 1 V construction, therefore, of this Statute, the nbove expression cannot be treated as iurplussage, but must be taken to impose the duty which it im- ports. From the language of this Statute, therefore, it appears— Firstly, — That there is an Executive Council. Secondly, — That they arc appointed by the King. Thirdly, — That they are appointed to advise the King and his Uepresenta> tive upon " the affairs of the Province," — no particular affairs are specified ; no limitation to any particular time or subject. As the Constitutional Act prescribes to the Council the latitude of " the affairs of the Province," it requires an equal authority of law to narrow those limits, or relieve the Council from a co-extensive duty. Eve:y Representative of the King, upon arriving from England to assume the Government of this country, is necessarily a stranger to it ; and the law has provided for a Local Council as a source of advice, which, when given, is followed or not, according to his discretion. In certain cases specified, in the 38th clause of the 31st Geo. 3, chap. 31, the concurrence of the Council is required to give effect to certain Executive Acts. But these exceptions prove the general rule — viz. that while the advice is to be given upon the aflairs of the Province generally, it is only in the particular cases that it must harmonize with the pleasure of the Crown, to give that nleasure effect. Indeed, if the law could be construed to limit the advice to the particular cases, it would follow that the Council could not legally and constitutionally advise upon any others ; a proposition which, besides its manifest repugnance to the terms of the Act, is contrary to re- ceived opinion and usage. But while the Constitution has assigned to the Council this duty, it is only to a very subordinate and limited extent that they have heretofore had oppor- tunity afforded them to perform it. It is submitted that the exigency of the Statute can only be answered by allowing the affairs of the Province to pass under their review for such advice as their consciences may suggest, prepara- tory to the final and discretionary action of the King's Representative, upon those affairs. The Council meeting once a week upon land matters, while the affairs of the country are withheld from their consideration and advice, is as imperfect a fulfilment of the Constitutional Act as if the Provincial Parliament were summoned once a year, to meet the letter of the law, and immediately pro- rogued upon answering the speech from the throne. In both cases the true meaning and spirit of the Constitutional Act require that the Parliament should nave a general and practicable opportunity to legislate, and the Execu- tive Council to advise, upon the affairs of the country. In the former case the Representative of the King can withhold the Iloyal assent Trom Bills, and in tne latter reject the advice offered ; bu^ their respective proceedings cannot be constitutionally circumscribed or denied, because they need the expression of the Royal pleasure thereon for their consummation. The extent and importance of the affairs of the coiintry have necessarily increased with its population, wealth, and commerce, and the Constitution has anticipated the difficulty, by a division of labour and responsibility, from the active attention of the Executive Council to their duties. With the exception of those matters of so weighty or general a character as not properly to fall under any particular department, and tlierefore fitted for the deliberation of the CouncH collectively, it .'j recommended that the affairs of the Province be distributed into Departments, to the heads of which shall be referred such matters as obviously appertain to them respectively. Upon this principle (recognised by the existing Constitution of tnis Province and of the mother M 95 tression cannot be duty which it im- nd his Representa- (fairs are specified ; le latitude of " the iw to narrow those England to assume to it ; and the law which, when given, t Geo. 3, chap. 31, certain Executive ^iz. that while the nerally, it is only in sure of the Crown, } construed to limit e Council could not proposition which, t, is contrary to re- this duty, it is only sretofore had oppor- the exigency of the le Province to pass ay suggest, prepara- epresentative, upon while the affairs of irice, is as imperfect lal Parliament were id immediately pro- both cases the true hat the Parliament [ate, and the Execu- In the former case 1 assent from Bills, jjective proceedings luse they need the nmation. |ry have necessarily Id the Constitution responsibility, from With the exception lot properly to fall the deliberation of .8 of the Province all be referred such Tpon this pnnciple and of the mother country) the people have long and anxiously nought for the administration of their Oovernment, under the Representative of the King ; and the Council most respectfully, but at the same time earnestly represent that public opinion on the subject is so fixed, and becoming so unpaticnt, as to preclude the pos- sibility of denying or delaying tiic measure, without increasing the public dissatisfaction, and leading to tiie final atloption of other views, as already too universally manifested, uncongenial to the genius of the Constitution, and most dangerous to the connection with the Parent 8tate. The remedy, it is feared, is now proposed too late for all the advantages desired ; but the longer it is withheld, the more alienated and irreconcilable will the public mind become. The present comparative calm and thankfulness arise from the belief that the Council will second this exigency, in establish- ing a system of Government, according to the principles recognised by the charter of the liberties of the country — ai» expectation which the Councd are most anxious to realize. Should such a course not be deemed wise or admissible by the Lieutenant- Governor, the (vouncil most respectfully pray that they may be allowed to disabuse the public from a misapprehension ot the nature and extent of the duties confided to them. (Signed) PETER ROBIXSON. GEORGE H. MARKLAND. JOSEPH WELLS. JOHN H. DUNN. ROBERT BALDWIN. JOHN ROLPH. EXTRACT FROM THE GOVRRNOR's REPLY TO THE ABOVE. The Lieutenant-Governor assures the Council that his estimation of their talents and integrity, as well as his personal regard for them, remain unshaken, and that he is not insensible of the difficulties to which he will be exposed should they deem it necessary to leave him. — At the same time, should they be of opinion chat the oath they have taken requires them to retire from his confidence, rather than from the principles they have avowed, he begs that on his account they will not hesitate to do so. Gov't House, Toronto, March 3, 1836. Immediately on the resignation of the old Council Sir Francis had the opportunity of suiting himself from tlie Tory ranks, and four were found to accept the situation on liis own terms, in which they remain to the present time, notwithstanding the execrations heaped upon them and their master. The city of Toronto were not long in taking up the question, and at a general meeting an Address was adopted insisting on the right of the Council to be consulted, and held responsible for their advice to the people, and that it was his duty to recal the the old Council and yield to their constitutional demands. Not only were addresses sent by the citizens of Toronto, but ^1 f 11 i f r i I 96 from all parts of the Province, and the House of Assembly took up the question, to the exclusion of any other business, so start- ling were the assumptions of Sir Francis. The following resolu- tion was passed by a majority of 51 in a house of 53 members : — On the 14th day of March, on which day there was a call of the House, it was moved by Mr Perry, seconded by Dr Charles Duncombe, that it be " Resolved — That ttiis House considers the appointment of a responsible Executive Council to advise the Lieutenant-Governor, or person administer- ing the government on the affuirs of this Province, to be one of the most happy and wise features in our Constitution, and essential in our form of government, and as being one of the strongest securities for a just and equit- able administration of the government, and full enjoyment of our civil and religious rights and privileges." This resolution was supported by an Address to his Excellency to the following eflFect : — Maif it please your Excellency : " We, his Majesty's dutiful and loyal subjects, the Commons of Upper Canada, in Provincial Parliament assembled, humbly beg leave to inform your Excellency that we have with deep regret learnt that your Excellency has been induced to cause the late Executive Council to tender their resignations to seats in the Council under circumstances which still enabled your Excel- lency to declare that vour estimation of their talents and integrity, as well as your personal regard for them, remained unchanged ; and that under the present excited state of public feeling in this Colony, occasioned by the recent proceedings between your Excellency and the late Executive Council, and the appointment of a new Council (as appears by the Gazette extraordi- nary of Monday, l^th March instant), composed of Robert Baldwin Sulli- van, John Elmsley, Augustus Baldwin, and William Allan, Esquires, — this House feel it to be a duty they owe alike to his most gracious Majesty, and to the people of this Colony, whose representatives they are, to avail them- selves of the first opportunity to declare at once to your Excellency the entire want of confidence of this House in the last-mentioned appointments, and deep regret thi>t your Excellency consented to accept the tender of resig- nation of the late Council, and humbly re(|uest your Excellency to take immediate steps to remove the present Councd from such their situation." Marshall 8. Bidwell, Speaker. ■ 4l7ommons House of Assembly, 24th March, 1836. Being an author. Sir Francis saw fit to indulge the cacoethes scribemTi to so unmerciful an extent, as to render it impossible to give at full length what he is pleased to term his speeches. That in reply to the above was a reiteration of his sayings to the citi- zens of Toronto, except in the two opening paragraphs, which are worthy of remark, as containing an admission that he felt bound to satisfy the Assembly and the people in his Council, and as evi- dence 01 his duplicity and unparalleled dishonesty in a pretended lamentation at the old Council's resignation, after he liad obliged 'I I 97 his Excellency them to do so or de?ert their principles, lohen they would have continued in his confidence. " In reply to your address, I assure you I very sincerely regret that the House of Assembly sliouhl entertain a want of confidence ni the Council I appointed on the Hth instant, as T faithfully declare that, under the circum- stances in which I was placed, I made every exertion to select gentlemen that 1 thought would be most acceptable to the House and to the people. " I can assure the House that no one lamented more than I did the resig- nation of the late (Council, three of (he members of which, namely, Messrs Dunn, Baldwin, and Kolph, I had myself especially selected." Before this answer was received the House had appointed a Committee, with full powers to examine into the question and report thereon. S|)irited petitions from the inhabitants through every part of the province were daily received by them, praying their determined interference forthwith. In the course of the Committee's deliberations circumstances were brought to light directly implicating the veracity, honesty, and correct intentions of the Representative of his Majesty, all of which will be handled in a closing summary of his administration. In due time the Committee made a report, which was adopted by the House. This report criminated Sir F. B. Head, and was immediately sent to the Colonial Secretary, with an address to his Majesty and the House of Commons. But, as if to show the falsehood of the Lieut.-Governor's assertions of being accountable for his conduct in England, my Lord Glenelg laughs at the charges, and thinks him the best man to be found for the situ- ation. Well he may indulge in his merriment, when any charge against his own neglect would probably receive the same atten- tion which the impeachment of Sir Francis has received. This has been the usual treatment for the last thirty yei^rs. Whether the Commons of England, Ireland, and Scotland, have too much other business to transact, and cannot attend to this remonstrance against oppression, and petition for redress, ought soon to be made appear. The address of the House of Assembly was an impeachment sufficient to remove the Governor from any but a Biitiah colony. On this question the supplies were stopped, to show to the world the extremity to which they had been driven. But this was merely nominal, and did nothing to bring the Executive to terms, possessing as it does the casual and land revenue to squander at discretion. After a perusal of the above documents, it must be evident that the subject of a responsible executive council is one of engrossing importance, and the most exciting topic of discussion. Should any other arguments be required, every day's experience will furnish them without end. The necessity of a responsible local government iS) indeed, greater in that Province than of a ministry a I' m • j ■■ I I J i! 'I 98 it : 3 I J in England. Here the King is born and bred in the country, and is supposed to have a knowledge of the genius and spirit of the people. There they are liable to liave a novice thrust upon them, possessing neither knowledge, responsibility, or capacity — the nominee of a weak colonial minister, or some imder satellite who lends a helping hand to an old friend or bottle companion in indigent circumstances. Or, as is said to be the case of Sir F. B. Head, one who owes his elevation to sinister influence, as degrading to all parties concerned as it is unjust and humiliating to the Cana- dians. The sophistries of Head and his servile chque are mere exposures of the weakness of their position. They declare in a vaunting manner that the Lieut.-Governor is himself responsible. Admit this, although the position has been shown to be false, since the impeachment of the Assembly is as nothing. The King himself is responsible to the people, as two revolutions have proved : but this does not detract from the Ministry's respon- sibility. There is a double account kept, making *^ assurance doubly sure," and for all good purposes it cannot be balanced too often. The really glorious feature in this institution is its effect in placing the ablest men of the country at the head of aflairs, at least when the controlling power is pure and uncorrupted. It is an inducement to honesty and to patriotism in the young, and, like a beacon on a lofty headland, spurs on to renewed exertion the weary mariner in threading the shoals and quicksands in the sea of knowledge. It is the true temple on the hill of science, not inaccessible to humble merit, but gained only by that perse- verance and exertion which benefit the state and confer favours on mankind Recent events have served to strengthen Its necessity wherever monarchy prevails. The continental powers have instilled its vital principle, where, owing to the diseased state of the subject, no good may result, but their faith in its efficacy adds weight to our own experience. Even in republics, where the chief magis- trate receives his dignity directly from the people, a responsible cabinet council is found necessary. This accountability, properly enforced, leaves no option but retreat and disgrace even to an honest though inefficient minister, and the wilfully corrupt and unjust have good reason to fear its retribution. No puerile evasion ought to impede its healthy action ; and if there remains a particle of good old English spirit, the vengeance of the oppressed, whether within the rea]m or tlie distant colonies, must overwhelm the oppressor. The petty insinuation of Head, that the Province does not contain men capable of giving advice for the common good, couKl |v^^^i'\ ^ • 99 only have proceeded from his disposition to saj' any thing. It is not true. The Province can produce those far beyond com- parison with some of the British Ministry, in any point of view, and this does not attribute to them more than the common pro- perties of manhood. I have seen and heard all, and may be allowed my humble opinion. In conclusion, whether the Constitutional Act does or does not establish an executive council, the Colonists must either have that, or the choice of their own governor, with power to manage their own affairs in their own way. At the beginning of a contest so frank an acknowledgment would perhaps be improper and impolitic, but after thirty years of mealy-mouthed supplication the boldest tone becomes the only justifiable one. The language of diplomacy and of the underlings in the Colonial Office may be less objectionable to the cool observer, but sincerity and truth require no orcament to attract the notice of the public. I ft I i ^ ' Chap. II. THE LEGISLATIVE COUNCIL. " The experimeut of hereditary Nobility, he was afraid, could not be at- " tended with any good effect, but would be rather a dangerous and unneces- " sary scheme. If there should be fit persons for such at that moment, what " utility could their appointment be to the oti.er inhabitiints ?" Lord Kawden in the House of Lords on the Quebec Bill. In speaking of the Legislative Council, one acquainted with their compojition and proceedings, will *^Jid it difficult to keep within the rules prescribed to a public writer. His spirit moves him to throw down his pen and burst into an uncontrollable storm of in- dignation. This monstrous legislative abortion, and nondescript machine of disturbance, has so long been the theme of loathing and detestation, that nothing would be gained by adding to the stock of epithets already heaped ujion it and its supporters. Mr Pitt showed great want of judgment in attempting to instate, what, from the nature of thmgs, is inimitable. In entailing on the Canadas, up tc the present time, tliis wretchedly misshapen caricature of one of the most powerful, and at the same time, in It i! 100 1 , ! » ^" { I : i - certain oases, most dangorous institutions of the iron ages, he ditl the worst thing for his own character its a stateMinan, as well as the peace of the Colonios, which ho could possibly have hit upon. No doubt, in his contentions with that powerful array of intellect on the opposition benches, he was frequently driven to large draughts on his imagination, in preventing his followers from deserting to his adversaries, armed as they were with facts, and gifted with eloquence in bringing them forward. The cant of " glorious Constitution," happy balance," " admirable check to popular extravagance," &c. was found as useful in those days as at the present, and probably, as now, formed the rallying cry when the liberties of the subject were to be invaded. The Bill was debated at several different times, and disaster attended it in its very incipiency. It was on one of these occa- sions that the friendship between Mr Fox and Mr Burke was dissolved after twenty years contention, side by side, for the rights of the people. The insane speculations concerning the French Revolution no doubt had a bad effect on the interests of the Colonies. The old Tories were frighted out of their lives, and could not perceive any thing but absolutism for the world's security. Unfortunately the voice of Mr Fox, cheered as he was by the triumph of the masses, for Robespierre was then unknown, could carry no conviction to such minds. An epitome, or tran- script, or image, of the Lords, was the only poise between the Commons and the Executive, and so it was ordained. Instead of giving a free charter to the Canadas, like those formerly enjoyed y many of the United Provinces, and which are still retained and considered sufficiently liberal in the Republican Union, the people were to be punished for the excesses of the French Revo- tion, notwithstanding all they had done for British supremacy. A ridiculous mass of incongruities must needs be patched up in the Act for the purpose of intimating Tory aversion to the new doctrine^ as Mr Burke called it, of ,.he Rights of Man, which have sown the seeds of ill blood and acrimony, so as nearly to bring about the same consequences attempted to be guarded against. The clause respecting a Legislative Council has done more injury than can be remedied. The Canadas must ever lag behind their neighbours, in consequence of the advantages already obtained over them. Nothing can recall the forty years, during which they have been given up a prey to the destroyer. The mistake, to give it the least oitensive term, was not the smallest one committed during fifty years of Toryism. And what is worse, it has the appearance of leading to still more fatal results. Every day's experience brings to light new causes of venera- tion for the memory of Mr Fox. The votaries to the slirine of 1 ri n 101 that great man increase in number as the cause he laboured to advance becomes triumphant. Little thought he, when proclaim- ing the only true foundations upon which any Government should be established, that a distant and unfortunate Colony were to prove, by bitter experience, his words to be correct. lie did not consider the science of Government an occult science, un- known to any except some mighty magician, who, by the stroke of his wand, was to set all the wheels in motion, and without him nothing could be done. He believed that " the people " knew what was for their own good, quite as well as any single indivi- dual, and were not so liable to abuse their power, as he was for them. His proposal to make the Legislative Councils elective, was hooted at as Revolutionary, Jacobinical, &c. ; but notwith- standing the Boroughmongering outcry, he pressed his motion to a division, and thirty-nine, in a house of a hundred and twenty- seven, were found to support it. Mr Grotc had not a much freater proportion in favour of the Ballot, even in a Reformed louse. This was a question of the utmost importance at the time, and gave scope for the display of statesmanship, more, per- haps, than any other on which Mr Pitt and Mr Fox differed. Those, therefore, who are fond of comparing the two, have the best opportunity of doing so in investigating the contest. Whe- ther Mr Pitt was sincere, or merely brought forward his argu- ments to carry the House with him, rather than yield to liis adversary, cannot be known. As it is, he has proved himself, and time has shown him to Iiave been, immeasuraoly inferior. That no second House of Lords can, or could be made, is self- evident. No body of men in the world can equal them in their wealth and titles. As to intellect, that is not taken into account. The antiquity of the Peerage is what they most pride themselves upon. Where could Mr Pitt find a match for tnera here ? Had lie collected together the descendants of all the robbers which have existed before and since the time of William the Conqueror, without the title, where would be the Peer ? Had he proved their ancestors to have butchered every Saxon and Englishman they came across, this wo''ld give them no claim. And as to their wealth, all admit that riches do not make a man noble. The peculiar manner in which these riches were obtained constitutes the chief excellence. Where could he find another set of men, enriched by the plunder of churches, of public lands, of the pub- lic treasury, of weaker private individuals, kept up througn so many years that the memory of man runneth not to the contrary? He might find individuals descended of Kidd, Black-beard, and Ward, but where the body to constitute a Legislature? And failing in these, all the men of ability the world contains could m k M in i 102 \ tu, la ,i i not make a countorp.irt or image of the House of Lords. The simple embellishment of mind was of trifling importance. How- ever difficult it may seem, the experiment, in this respect, suc- ceeded admirably. Stupidity and superstition form the only recommendations of the Councillors. vVil'i a cunning man for their leader, they hang out the ragged ensign of " no surrender," in defiance of consequences. Intractability constitutes their cliief claim to Peerage honours, and this is the virtue idolized above all others by tlic Tories. The people, to be surr, are rather more interested in having something, than nothing, done. But it must be remembered they have noUiing whatever to say. They are not coordinate, but subordinate. Hence arises the difficulty. Discussions have arisen on the expediency of any second Chamber whatever. With the multiplicity of business in the Lower House, amidst the hurry of conflicting movers and the heat of debate, many errors are liable to creep in which could be re- medied by a patriotic and working Council, thereby preventing delays and the trouble of double legislation. But tliere can be no doubt with whom the power should r.'^st of naming such Council. If the people be made for the Governor, and not he for them, and all legislation be for his, and not their benefit, then with him should rest the power of nomination, but not otherwise. To deny the capability of the country to elect a Council, is accusing them of incapacity in the choice of an Assembly. But the Constitution acknowledges their right and qualification in the hitter instance, and entrusts them with power over the purse, &c. which is not asked for the Council. The only objection the Tories can urge is, that it will give too great a preponderance to the popular side. They are met boldly by saying, if there is to be a pi-eponderance, it must rest with those who are the source of all power. Their prosperity will render the Government prosperous ; but the Executive determined on securing itself in wealth and power, detracts from the common welfare. Long experience proves the urgent necessity of something being done to render this Council useful to the country, and less dangerous to its peace and good order. The proposition made by IVfr Fox is the one sought to be adopted, viz. rendering it elective by the country. In the elaborate Keport on grievances, adopted during the last Session of the Legislature, the following extract shows piany eminent men favourable to it : — " The opinions of Mr " Fox, Mr Stanley, Earl Grey, Lord Erskine, Mr Ellice, Mr « Hume, Sir James M-Intosh, Mr O'Connell, Mr Warburton, <* and many other eminent Statesmen have been expressed in ** flavour of elective institutioi^s as th^ most suitable for the Ca* 103 " nadas : ami it appears to your Committee that Mr Stanley ** correctly describes the Legislative Council as beiuj^ at the root *« of all the evils complained of in both Provinces." Whether those opinions are entertained by some of these y^en- tlemen at the present time, does not appear. 77/r^ may have changed, but the Canadians remain firm to their point, and can make out a case for themselves. In canvassing the merits of the present Councillors, they shall be spoken of in pity more than anger. This may be not only generous but just — many a man having honours thrust upon him without sufficient capacity to answer expectations. The truth is, the old gentlemen are 'I ories, and carry out their principles to perfection. Not more than a dozen generally attend to their legislative duties. Their chief merit consists in saying no. Sitting for a short time each day, the Bills of the Assembly are dispatched under the table with unexampled celerity. Deputa- tions conveying up popular measures, no sooner have their backs turned, than the process of strangulation commences. Bills that have undergone discussion for days in the other House, and have been amended and perfected with the greatest care, no sooner arrive in their august presence, than their fate is sealed. Of those who attend to their duties, two-thirds are dependent on the Government for either salaries or pensions. It is not harsh to say that they become the willing tools of the hand that feeds them, instead of looking to tlie interests of those from whom they indirectly derive their support. Such gratitude may be very amiable, but it is no qualification for an independent le^slator. The Grievance lieport before referred to, adds :— ** In continually rejecting the many valuable measures earnestly " prayed for by the people, they may be fairly presumed to act " m obedience to the power from whence their appointments ** were derived." In fact, for no other purpose do they seem to have been chosen. Where principle has predominated for a moment it was crushed in the bud. Numerous humiliating anecdotes are related bearing on the point. The following is another extract from the above Keport : — " The dependence of the Legislative Council is strikingly manifested by the facts stated in the evidence of the Hon. Colonel Clarke, and the Hon. William Dickson, members of that body, before a Select Con.mittee of the House of Assembly during a late Parliament. It aj)|)ears that several Legislative Councillors had objected to a measure strongly urged by the Executive, and its faihu'e was inevitable. To ensure its passing, coercive means were adopted, and those Members who were dependent on the Government were told either to vote directly contrary to the opinions they had thus publicly expressed, or be dismissed from their offices. After this disgraceful attempt to coerce men to disingenuous and inconsistent conduct, ¥ 111) ir f \ ^ ■ W' 1' 104 " those unacquainted with the threats which had been used were astonished " at the sudden, unexpected and unexplained change in the conduct of several " Members ; and when this surprise was expressed to the late Hon. James " Baby (who was also an Executive Councillor, and the senior member) he " .shed tears at his humiliation, and only exclaimed, * My children ! my chil- " dren ." and the late Honoursible Chief Justice Powell replied to a similar ** enquiry of surprise, ' 1 have received a nf w light within the last ten " minutes.'" This '' Neio Light " received by Chief Justice Powell may- have been something like that mentioned by Butler : — i> " Some call it Gifts, and some New Light ; A liberal art, that costs no pains Of study, industry, or brains: " however that may be, it very often comes upon the Councillors quite unexpectedly. Such is the result of the Council being nominated by the Executive, and so will it ever be. They are complete catspaws, but the opprobrium does not all fall upon them. The Executive are supposed to be at the bottom of all, whenever tl.^y array themselves against the people, and the " paltry screen " could therefore be removed without placing it in greater jeopardy. It could not well be despised more than at present, and innocent persons might escape. Within the last eight years no less than 325 Bills, passed by the Assembly, have been rejected by the Council, averaging more than forty each session. Considering tlie age of the Colony and the number of inhabitants, there is no computing the mischief thus done. How such a nuisance could be so long tolerated is beyond comprehension. It must be recollected that during this term of time, by means hereafter to be considered, the Tories succeeded \r obtaining a majority in the Assembly for the space of four years, during which no bill of a reform nature was allowed to pass, and therefore did not come before them. The Assembly must either be fools or madmen, passing bills for no good purpose ; or the Council have a heavy debt of turpitude to answer for. The country have tlecided on the latter, but the punishir ent is waved in the heat of contest against the consti- tution of thnt body. Their exorbitant salaries, fees, and perqui- sites, ought to satisfy them, without immersing the country in enormous expense by a yearly repetition of the same legislation. But we forget, it is the Tory policy to accumulate the debt, and distress the elector, to prevent that healthy action of mind lead- ingto independent feeling and conduct. There are ^'ci-cdents for the elective institutions in the history of British leg station. They were, as before observed, success- fully tried in the chartered Colonics of North America, render- ^1 Bills, passed by 105 mg them far more peaceable and prosperous than the others, and the King's authority does not appear to have been the less esteemed or upheld. Were this tno case it would be a grave objection, but it was not the case. )n the contrary, they were the last to join the confederation iigainst the truly infamous Government that attempted to bind all to its chariot wheels. The elective principle is in force to a limited extent in Scot- land and Ireland, in the appointment of Leg'slative Peers. Here are noble arguments both for this question and the Ballot. All that is necessary to be got rid of is the artificial distinction of title, to place man on a level with regard to his rights. Why not, then, give this privilege to the Colonies at once? Arbitrary power has not certainly gained sufficient ground of late, that they can be called too liberal. The people are too intelligent to abuse such power ; and whose business is it but their own, should they do so ? That man must either be a perfect desperado, or be in a place of security " 4000 miles off," who would attempt to use sucn an argument. The truth is, good laws are always respected and bad ones are abused. Justice, with her flaming sword, will ever protect the former ; but the arch fiend himself, with all the powers of darkness, would be overcome in enforcing the latter. Laying aside, however, English precedents, let us look to other countries to ascertain how they work. As the most pros- perous nation on the globe, reference to the United States is particularly made, without any vindictive remembrance of our former feuds. There they have not only one general Govern- ment, with the second Chamber formed upon the elective principle, but twenty-four distinct and separate ones, all in admiraole oper- ation, working as smoothly and regularly in their several stations, as the finest wheels of the chronometer, and presenting in the combination an equally correct standard of excellence. The Senate of the United States is formed of the choice men from the State Senates, the members of which are chosen from much larger districts than the Assembly-men; — four Assembly-men being generally sent to one Senator. By this means none but a deservedly popular man can obtain a seat. This seems a much better plan than a higher property qualification for the Cana- dian Council. For instance, let two Members of the Council be chosen by each District, or only one if it be thinly populated, under the same regulations as the Members of the Assembly. In this way you would probably have all the oldest and most faithful Members of the Assembly returned to the Council, who, irom their Parliamentary experience, would be admirable critics and improvers of the Bills coming hot from the Lower House. k I I i m I 'Iff 4 1 i'' i j 1 1 \ I n ! .* i i 1 'i' ('" I'f i • i- r 106 The aspirants for Legislative honours would thereby have a field spread before them, eminently calculated to awaken their energies and animate to exertion in their country's cause. In- stead of that " nice balance," that "wholesome check," of a few dependent incapables, there would be a laudable rivalry between the two Houses in doing good. It is not in the nature of things that they would coalesce to do harm. None but the most arrant knave could harbour so criminal an idea respecting them. If the Canadas are too suspicious to be trusted in this, the Government are in duty bound to attempt depriving them of every liberty. But the Colonial Secretary will not suspect them after what has occurred. Bred a Tory, unfortunately he is so fond of the usurped prerogatives, that nothing will drag them from them, although of no use or profit to himself. Instead of yielding at once to the urgent demands of both Provinces, a Commission at the expense of honest John Bull, must be hatched up, to inquire into the necessity of yielding. Were the House of Commons to address his Majesty on any subject, and receive an answer that he would enquire into the truth of their statements, they would undoubtedly think it very strange. So the Commission was not only considered a very strange step, but a very insulting one, by the Canadians. It tvas no doubt got up for delay, and to aiford a snug situa- tion to particular friends, and so far has answered th» end. No doubt tlie sapient Secretary thought it would " last his time,'* and pity it did not. This paltry, tantalizing, and corrupt expe- dient can no longer be pleaded as a cause of delay, the investi- gation, if such there were, having ended. But there is no hope of any thing being done. With the Tory Sir Charles Grey to make a Report, undoubtedly it will be a mere excuse for doing nothing. The weightiest reason for yielding the Elective Institutions to Canada is, that they are loudly called for by both Provinces. If their wishes are to be consulted, grant them like men, and not like sneaking cowards, wait for a physical demonstration to extort them. In Lower Canada the House of Assembly have for a series of years pleaded and besought, all to no purpose. The Upper Province has joined in the demand with that spirit due to the important consequences involved. The following is another extract from the "Grievance Report:" — " It appears, therefore, " that the Legislative Council, as at present constituted, has " utterly failed, and never can be made to answer the ends for " which it was created ; and the restoration of Legislative har- ** mony and good Government requires its reconstruction on <* the Elective principle." The Assembly spoke in equally \ I 107 decided terms in answer to Sir J. Colborne's speech at the open- ing of the last Session. Sir John wished them to recognize the Commission sent out by the Whigs, although it was only to act in Lower Canada. He was met in reply as follows : — " With- ** out recognizing the Royal Commission mentioned by your '• Excellency, we presume that their opinions wUl not be rc- " garded as paramount to the wants and wishes of one million " of the people constitutionally expressed by their Representa- " tives in their respective Legislatures." Sir John tried further to entrap them by casting undignified insinuations on the Lower Canadians, with the intent to divide the two Provinces. Their interests are too nearly allied to allow any dissension. French Canadians and English Canadians all join like a band of brothers, and long may it continue. The Assembly of Upper Canada thus replied to the Lieutenant-Governor : — " We deeply regret " that your Excellency has been advised to animadvert upon the '* affairs of the sister Province, which has been engaged in a long * and arduous struggle for an indispensable amelioration of their *' Institutions and the manner of their administration. We " respectfully but firmly express our respect for their patriotic " exertions, and we do acquit them of being the cause of any of ^' the dissensions and embarrassments existing in the country." Of course the Oligarchy, who enjoy the profits of a bad and extravagant Government, do not wish for any change, and this circumstance has given an excuse for delay, when none other existed. Under the several Administrations of the Whig Secretaries, this has been a ground to fly back upon. With the assistance of a Mr Stephen they have been able to send out long dispatches, containing mighty sentences, which unfortunately are laboured more for sound, tnan for appeasing complaint. Such dispatches have become a proverb, and instead of being hailed with gladness, they are ridiculed and contemned.* The Chief Justice of the King's Bench presides over the Council, and does not scruple to enter the arena of political warfare on every important occasion. He is the main support qf the Tories, and without him they would be scattered like the flock without a shepherd. The fact of the highest Judge in the land flrst mixing in party strife and bickering, and then ascend- ther countries, 109 yet it sends one member, while the county is only allowed two. The county of Leeds cuuluins 18,000 inhabitants, and sends only two members, while the district town of Brockville sends one with only 1,500 inhabitants. The other towns have similar ad- vantages over the counties. This affords a just cause of com- plaint, but it is a Tory plan, to swamp the Assembly. Other than district towns are denied the elective franchise, because the offi- cials would not have the same chance of bribing and corrupting the voters, as immediately in the vicinity of their offices. The me- chanics are, with very few exceptions, Reformers, and where they live independently, generally sustain the cause; but without the vote by ballot, the patronage and intimidation of the Tories has the same effect as is felt in England. This borough system of course succeeds. Not one town has a Reformer for a representa- tive. Every election indicates the same corrupt influence, in such excellent operation during the palmy days of Mr Pitt. But the system is unsuited to the climate, and cannot long resist the attacks made upon it. The deluded creatures who think to maintain their supremacy by ^ach means in the New World, after being scouted from the Old, have made a false reckoning. The counties are intent upon an equalization of their privileges, and the unrepresented towns are also declaiming against the unjust preference shown to their rivalsv The Council, of course, will offer the service of the shield to the Executive, in token of fealty and submission, but the barrier must soon be beaten down by so much strength and unity. When it is considered that Canada is an agricultural country, and so will continue until the land becomes dearer, and the popu- lation more dense, the injustice of outweighing the farmer's wants by this contrivance appears the greater. To the credit, how- ever, of some of the district towns, the Tories have enough to do in securing their returns. Every possible expedient is used on their part ever tried by their brethren in England for attain- ing their end ; and they are all necessary. Ot late Sir F. B. Head has afforded them an excellent argument in the last emer- gency. This is none other than " you are quarrelling with your own bread and butter," which, when well put, has an astonishing effect on the wavering mechanic. The only redeeming feature in this boroughmongering, is that they have to disgorge some of their plunder to succeed. In getting Tory votes they have to pay well for them, and when the cause cannot thus be maintained, it must die of inanition. In the last Parliament there were thirty-six Reformers, repre- senting a population, according to the returns, of 230,000, the remaining twenty-four Tories representing only 75,000. This 1 , if li 110 shows, in a glaring light, the monstrous iniquity in the sysic^tn. It is only in the small constituencies that Toryism, with Its bribery, intimidation, riot, and ruffianism, can hope to Siiccced. While there, the Reformers are more numerous if fair play could be obtained. In most of the larger counties they carry eVery thing before them, except when inundated by Governor Head's patent deeds. Happy are we that an example has been given, that the greatest evils may be overcome by concord and determination ; and the day is at hand when all those who resort to crime and dishonesty to accomplish their purposes, must be sent howling to that doom due to the enormity of their offences. it lil Chap. III. CONTROL OF THE REVENUE. TiiE Oligarchy that has hitherto contioHed the affairs of the Colony have taken precious good care not to countenance any of those English constitutional principles which might serve to trans- fer power from themselves to the people. All the old worn-out fallacies of Toryism are readily palmed upon them as British in- stitutions ; but the modern remedial measures have been kept out of reach, as only applicable at home. In this course they have been upheld both by Whig and Tory Ministers, to whom the people have petitioned in vain for redress. The chance of exposure being so remote, owing to the apathy prevailing respecting the fate of the Colonies among the leading men of the nation, that they have indulged freely in those arbitrary and aristocratic pro- pensities inherent in their natures, notwithstanding the double faces which, for the sake of office, they manage to put on. Will it not astonish every politician, in learning that the Upper Cana- dians have only a partial control over their revenues? That large sums are sent to England yearly, or placed entirely at the disposal of the Executive, who refuse to render an account of the expenditure to the Assembly, and set them at defiance in the en- quiry? And yet it is not' astonishing that such should be the case. "Without money how could they keep the system working, and what inducement would there be for adherence to that party which violates all the sacred obligations, and tramples down pub- ^J.:i Ill ity in the 8yst<*tn. L'oryisni, v»ath Its 1 hope to Siiccced. 8 if fair play could they carry eVery Governor Head's I) that the greatest nination ; and the ne and dishonesty ling to that doom the affairs of the untenance any of yht serve to trans- the old worn-out lem as British in- e been kept out of ie they have been whom the people ince of exposure ig respecting the the nation, that 1 aristocratic pro- iding the double to put on. Will he Upper Cana- eveuues ? That d entirely at the in account of the fiance in the en- h should be the system working, ice to that party iples down pub- i ■Ji M m lie and private liberty t* Money is with them " the sinews of war," without which th^ cause could not be sustain^^d a day on its own intrinsic merits. Their tenacious hold of the purse- strings is the last thing to be parted with in such a case, and vainly has the attempt been made to relax their grasp. The Oligarchy have their all at stake, and their resistance can there- fore be accounted for ; but why should the British Ministry coun- tenance so wicked and unconstitutional a fraud ? Is it that, in hav- ing to render a strict account of the national revenue at home, no chance is left to pocket those little abstractions so convenient to be sported in the club-rooms, at Newmarket, or Epsom, or for secret services in other walks of high life? Fain would we hope to the contrary ; but viewed in any light, this exaction from an already hag-ridden Colony is both pitiful and unjust. Robbery at liome and robbery from abroad is rather too much. The Commons are justly jealous of their undisputed contrci over tlie revenues. In a Report of the Commissioners on the Revenue in 1831, among whom were Sir H. Parnell, the Right Hon. Poulett Thomson, and Lord John Russell, they say — ** We " think that no portion of the public treasure should be arrested, ** under any plea or pretence whatever, on its way to the Exche- (* quer, and that no portion of it should be issued from the Ex- «* diequer without previous Parliamentary sanction." In another part of the Report they maintain the same doctrine held by the Canadians, and by every person knowing the results of a differ- ent system : — '* To accomplish with perfect security and efficiency " these objects of safe custody, legal appropriation, and record, " it is obviously necessary that all public monies whatever should, " in the first instance, be paid into the Exchequer." "Without this power over the purse how can there exist any check to extrava- fance, or where will be the bridle to bad government ? The executive may well laugh to scorn any attempt to stay their lieadlong career, so long as they have the key of the treasury. The Assembly may stop the supplies so far as they have the power, but where they cannot effectually do so, the boasted con- stitutional right is all mockery. Some of the revenues are of ne- cessity under their control, but nearly a hundred thousand pounds annually, a large sum there, are entirely under the finger of the Executive. When the supplies were stop^^ed at the last session, in consequence of Head's despotic conduct, it had no other effect than to show the utter futility of attempting the thing. With the whole of the casual and territorial revenue at his command, he threw accountability to the winds, trusting to escape with im- punity under the wing of the Colonial Minister, and he has not as yet been disappointed. The Whigs countenance bis conduct, i\ ■) I :P f )| !< 'I 112 ?; f : ?, 1.^ m and wink at tlie barefaced spoliation. The revenue has been yielded in Lower Canada, and the repeated stoppage of the sup- plies ]\aa done much in bringing the Governor to his senses. Still there is a military chest to fly to, out of which the gang de- rive their support, although there cannot be said to exist any Government Uiere. It is the patience of the Canadians alone which allows it to retain the name. As usual with the Whigs, there has been much coquetting on the subject with the Upper Cana dians. Mr Stephen's tact at special pleading has been found of eminent service. They dare not come out and confront the people with manliness. Duplicity marks the whole course of their correspondence. In 181. i a proposition was made to a Tory House by the Colonial Minister, chat he would forego all claim to the revenue on the condition of the Assembly making a provision for the civil list for seven years, or during the lifetime of liis present Majesty. Instead of this the Tories granted a permanent civil list, eternally to their disgrace ; but when the law was passed, the Colonial Secretary refused to comply on his part. Sir .John Colborne, the then Lieutenant-Governor, wrote to him that he had made a better bargain with the House, and embold- ened by this seeming laxity, tne plunder was refused to be given up. If the claim could of right be substantiated by the Secretary, one would think the bargain would have transferred it, but where it had not the shadow of justice in its favour, it is difficult to find a name for the transaction. Jockies and blacklegs could scarcely be guilty of the like conduct, and if they were, the law would be open to the injured party, but State offenders can juggle with im- punity now-a-days. With this e.rm of money — with millions of acres of land to grant on any emergency — and with the present election laws, a Lieutenant-Governor can obtain a corrupt majoi ♦y in the As- sembly, and seem to conduct everything quietly, and still have three-fou''ths of the people against him, and on the eve of taking up arms to abate the nuisance. And will any one uphold the plan by which such excitement has been fomented ? This single grievance of having their revenue filched from them, would drive the Commons of England beyond all restraint ; and the Cana- dians know too well of,how much value their revenues are, applied to the internal improvements of the country, and the manner in which they are squandered by such as Sir F. B. Head, to put up with the loss, were there no honourable and natural indignation excited by the imposition. And yet there are those who continue to cry " loyalty " a>.5 a mask to their knavery, and slander all who do not bow implicitly to the dictation of worthless Lieutenant- Governors, and yieloi passive obedience to their masters in the 1 113 avenue has been )page of the sup- lor to his senses, icli the gang de- aid to exist any Canadians alone the Whigs, there the Upper Cana IS been found of nd confront the whole course of I made to a Tory forego all claim embly making a ring the lifetime Poriep granted a )ut when the law mply on his part, or, wrote to him se, and embold- iised to be given )ythe Secretary, red it, bat where s difficult to find rs could scarcely le law would be juggle with im- acres of land to election laws, a [ *.y in the As- , and still have le eve of taking }ne uphold the ? This single m, would drive and the Cana- les are, applied the manner in ead, to put up al indignation who continue lander all who 3s Lieutenant- nasters in the Colonial Office. If loyalty be nothing more tlian this, few will be found to possess a spark in their breasts, and those who in- dulge in it to the exclusion of every moral and political virtue, are welcome to their boast. Chap. IV. INTERFERENCE OF THE COL . \IAL OFFICE IN LOCAL AFFAIRS. In the many sudden and adverse changes of the incumbents of office, the Colonists have experienced much evil and vexation. Each new Minister must make his authority known as soon as in- vested with it, by some ridiculous proceeding, displaying not more his assumed power thar his vanity and ignorance. The most pom- pous dispiitcnes are sent out in their plenitude of greatness, in which thv' lofty language of the tyro is in ludicrouscontrast to the amount of wisdom conveyed. Perhaps the first thing done is to undo what his predecessor had partly accomplished, probably as in the case of my Lord Stanley and the Earl of Ripon, contrary to the wishes of the people. This need not be a matter of wonder, considering the number of Colonies so unwisely committed to the charge of a single Minister. His knowledge and parts are not to be envied who fancies himself capable of interfering in things he knows nothing about, with happy results. Yet many evince an anxiety to create new grievances by interfering in the local affairs of the ColonieSj, rather than by a bold, yet safe, stroke of policvj touch at the root of the evil in the Constitution, the defects in which every well-informed statesman can at once perceive. But there is more danger of losing office in the latter than in the former undertak- ing, although the honour following success would fully compen- sate for any risk. Fame does not, however, seem to trouble the E resent incumbents. It will not fill an empty pocket, or if that e out of the question, it will not give equal poweis of patronage for fi'iends and dependents, nor real power and importance. So long as a certain number of disT)atches are sent off per month, one now and again by a special messenger, as if the " fate of Csesar and of Rome " depended on haste, the end is answered, and no uproar arises in Parliament from enquiries of the Oppo- sition If that wholesome responsibility anciently enforced were H 'ff' 4 m ¥ 114 :( now to be revived, and the delinquent Minister were to have the pleasant pru'^pect from Tower hill ever in his imagination, there would not be so much trifling with the duties undertaken. My Lord Glenelg would start Trom his otium cum dignitate, and either retreat to his original stf <^«. or set about redeeming lost time in a way which the prei y crick in the neck would warn as the safest. Sir George viruy would not again venture such statements as exposed him in the Plouse of Commons; and even Mr Stephen would find something else to occupy his time, than drivelling out desperate long dispatches, containing a plentiful superabundance of absurdity. Were all to indicate their unfitness, by a retirement, to make M'ay for men of discernment, resolution, and love of liberty, the terrors of the halter would not be held out in vain. By indift'erence to the cause of the Colonies, blood may be made to flow like water, and shall the many be sacrificed at the whim or caprice of the few, and those few not meet punish- ment ? Lord North escaped in violation of both the civil and divine laws, after sacrificing thousands to reek his unhallowed vengeance on one country ; but it is doubtful whether a similar line of policy will bring his successor safely ofl*. The following spirited remonstrance was adopted by the House of Assembly in 1833, when there was a majority of Tories, and, astonishing to say, every Member except one gave it his support. These Tories had certain_bank charters, to secure a banking monopoly to themselves, wliich were in danger, and for once they supported a correct principle, although some may be apt to think upon per- sonal grounds. This address has been called a Declaration of Independence, but it will not bear so strong a name. It, how- ever, evinces some degree of spirit, for which there was sufl&cient need. ■ ff M EXTRACTS FROM AN AUDKESS BV THE HOUSE OF ASSEMBLV OF UPPER CANADA TO HIS MAJESTY, ON THE DISALLOWANCE OF THE BANK ACTS. " 31ost Gracious Sovereign, " We, your Majesty's most dutiful and loyal subjects, the Commons House " of Assembly of Upper Canada, in Provincial Parliament assembled, in full " assurance of your Majesty's earnest desire to promote the welfare of your " people, beg leave humbl}- to address ourselves to your Majesty upon a " matter of the deepest interest to your faithful subjects in this Province. • " * * * We humbly represent, that, although the disallowance of " these acts ma}' appear to be authorized by the letter of the Statute of the " British Parliament, * * » * ^^^ it ig contrary to its spirit and *' meaning, and to the principles of a free government. We believe that this " provision was made to remedy the evil which might be occasioned by the •' Royal Assent being given in the Colony to a Provincial Act that should be 115 were to have tlie nagination, there ndertaken. My rfi dignitatet and it redeeming lost the neck would ot again venture ' Commons; and occupy his time, taining a plentiful their unfitness, by it, resolution, and ot be held out in oiiies, blood may y be sacrificed at not meet punish- oth the civil and k his unhallowed whether a similar f. The following e of Assembly in nd, astonishing to support. These king monopoly to they supported a think upon per- a Declaration of name. It, how- lere was suflScient OF UPPER CANADA BANK ACTS. le Commons House nt assembled, in full the welfare of your our Majesty upon a in this Province. • the disallowance of the Statute of the to its spirit and VVe believe that this le occasioned by the I Act that should be " found incompatible with the rights and interests of other portions of the " empire, but we cannot think it was intended to give a power of interference " with our internal affairs. Against such an interference, we respectfully, " but plainly and solemnly protest, as inconsistent with those aacrea coii- " stitutional principles which are essential to a free government : since it " is manifest, that if your Majesty's Ministers, at a distance of more than "four thousand miles, and not at all controllable by or accountable to your " Majesty's subjects here, and possessing necessarily a slight and imperfect " knowledge of the circumstances of this country, the wants and habits and ** feelings of the inhabitants, and the mode of transacting business amon<,' us " can dictate a different course, in relation to measures affecting ourselves " only, from that which the people by their representatives, and with the " concurrence of the other branches of the Provincial Legislature, have '• chosen, we are reduced to a state of mere dependence upon the will and "pleasure of a ministry that are irresponsible to us, and beyond the reach " and operation of the public opinion of the Province ; and no one can " rely upon our Provincial laws, although they may be constitutionally and " deliberately formed, but the most unhappy uncertainty and want of conB- " dence will prevail and extend their disastrous influence over all our busi- " ness transactions. We respectfully claim the same right in behalf of "your Majesty's subjects in this Province, to be constilted in the making of " laws for their peace, welfare, and good government, which our fellow-sub- "Jects in Great Britain enjoy, in respect to laws to which their obedience " is required ; and although, from the necessity of the case, power must be " granted to the head of the empire of preventing colonial laws being adopted " and enforced which are incompatible with treaties between your Majesty's " Government and foreign States, or with the just rights of any other of your " Majesty's Colonies ; yet tvith these exceptions, we humbly submit that no " laws ought to be, or rightfully can be dictated to, or imposed upon the " people of this Province, to which they do not freely give their consent, " through the constitutional medium of representatives chosen by and ac- " countable to themselves, " The force of our humble and dutiful remonstrance against the principle " of an interference of your Majesty's Ministers with our internal affairs, " we are not willing to diminish, by insisting upon the inconveniences and " evils likely to follow from the exercise of power which, &c. * « * • » » " We therefore respectfully and humbly pray that your Majesty, taking •* these matters into your favourable consideration, will be graciously pleased " not to disallow these Provincial Acts, and not to permit your Majesty's " Ministers to interfere with our internal affairs ; but to leave the same " entirely to the discretion and control of the Legislature of this Province" If the connexion is to continue, the Canadas require free and liberal Constitutions) with privileges suited to their condition, and security against such interference as is above referred to. Why- should such Constitutions be denied them? They cannot be kept bound in iron chains. They would bo rent in a thousand atoms. And what necessity is there for such a degrading bond- age ? Are the interests oi the Empire served by it ? Is the trade increased ? Are the imports or exports greater ? Are the people more powerful, prosperous, and happy r Far to the con- trary. Then why refuse to accede to their reasonable demands. A I w\ ' f 1 V 1,1 ;f 116 :ii: (f, : J which have hitherto been asked so respectfully yet urgently? Should any false spirit against being dictated to, be harboured by Lord Glenelg, it is unworthy of one in his high office, and will not be participated in by Britons, because, in fact, there has been no dictation. If there be a fault, it is the extreme caution with which their claims have been advanced, considering their long troubles and agitations. The connexion can only be retained by the bonds of amity and old attachment, and these are the only shackles that ought to be binding on a free and intelligent people ; none other will be insisted on by the British nation, let its servants think what tbey like. Send out a Governor— his power will be acknowledc^ed as > the King's Representative. Allegiance will be dutifully acknow- ledged to a good King. Your surplus population will be re- ceived in welcome, and gladly recognized as a part of the great family. Their trade will become more valuable, and well worth preserving. Their loyalty must be beyond dispute, inasmuch as gratitude will be its guiding star, and every oHject, purpose, de- sire, and intention, will be more fully answered, than in the pre- sent disturbed state of affairs. But in the bustle and shuffling for office, in the humbug, back- biting, and contentions of the few for the loaves and fishes, it is very doubtful whether such anticipations will ever be realized. The situation of English affairs strikes a stranger with astonish- ment. In place of that broad and open policy founded on the •< eternal principles of justice," which might be expected in regenerated England, the most narrow-minded views seem to actuate her leading statesmen. All their aim appears to be in getting and maintaining personal power. Their empty dinner speeches show no lofty principle at work to rid their country of the corruption and rubbish of ages, and restore man to his own station in the scale of humanity. Such boastings of bringing for- ward half measures for good, and whole measures for harm, informing the public in their infinite wisdom that what is done one Session need not be done the next— coaxing the Radicals to allow them a little longer trial under the vine and fig tree of office, when they will reflect on the intricate problem of the Bal- lot, &c. All this is quite surprising to one expecting to find wisdom and dignity personified in his Majesty's Ministers. The speech of the Colonial Secretary in Scotland would more parti- cularly attract the attention of the Colonist. His Lordship saw fit to ask sundry important questions concerning what "we" had done. ** Have we not done this and have we not done that?" said his Lordship ; but he did not by chance stumble on the a£fairs of the Colouiest Here would have been an excellent field for the dis* 117 play of oratory. He might have explained what he had done in ni$ department — whether he intended to do a little more — and what he had left undone ! No doubt there would have been great clapping of hands and immense cheering at the enlightened expatiation, which would have exalted him in his own estimation, if not in the eyes of the country. Such determined silence leaves little to be hoped for from him, and the prospect is really dreary and disheartening. Chap. V. THE CLERGY RESERVES. I " Even whilst he felt himself perfectly desirous of establishing a perma^ nent provision for the Clergy, he could not think of making for them a provision so considerable as was unknown in any country in Europe."— Mr Fox on the Constitutional Act. The Constitutional Act sets apart one-seventh of all tlie lands in Upper and Lower Canada, for the maintenance of a " Protestant Clergy." In England the Clergy of the Church of England possess competent endowments^ at least for the support of their apostolic dignities. Thet/ do not complain, however much other persons may. In Canada they have a rich harvest before them, should they succeed in establishiiig their claims. They stoutly contend that they are the only " Protestants," and that therefore one-seventh of tne Provinces of right belongs to them. But as the only true believers, they are subject to sundry persecutions in consequence of other denominations putting in a claim for a share. The Presbyterians, the Methodists, the Independents, and the Baptists declare themselves Protestants also, and urge their right to a part with much show of reason. The Episcopal Church, have, however, the possession, and that goes far to substantiate their case, were the manner of obtaining possession of lands in Canada not open to suspicion, and even something more. The haste with which these reserves are made way with, denotes not an entire confidence in what the future may turn up. They have been pressed rather closely, seeing that they have nineteen-twen- f: > I' ; II i^ ..li' i'9 Ml \i l| i ? I i I II i, I' « •* 118 tieth's of tlte whole Provinces against them. Hitherto they have stoutly held out, and if they have encountered the enemy of mankind right heartily, so have they laid about them among the temporal enemies of their supremacy. Not, however, after the English manner of attending public dinners and making speeches of an amiable nature, with the wine cup in one hand and pelting the table with the other — " And prove their doctrine orthodox By Apostolic blows and knocks." These customs do not yet prevail, but the holy example will no doubt soon be followed, and there will be another argument in favour of their exclusively divine calling. The Establishment at home may be bad enough, but should the Episcopal Church make good their claim to the reserves, the Colonies will be burthened on a far more extensive scale. The lucky fellows who obtain interest enough to don the sacerdotal robes, will have fine times of it. Let the other inhabitants com- plain of hardships and grievances never so earnestly, not a word will escape them except to inculcate loyalty to superiors, and submission to the Church. Feasting will supply the place of fasting — hunting the fox or hare will supersede the wearisome and self-denying chace of the Devil up and down the earth— the cup will be raised to the lips oftener than at present, but with no less fervour — watchings will be more the order of the night, when trumps and tricks will make up for trumpets and shawms — the scriptures will be fulfilled in the conquest of the scarlet , spiritual songs will be chanted in full chorus • — benefices will make ruddy bonifaces — church corporations will increase the body corporate — all will be hey-day and hilarity, far eclipsing aught of the kind in England. A bright anticipation this for the expounders of the gospel, but it is rather doubtful if their hopes be entirely fulfilled. An awkward impediment exists in the stubborn Canadians being of opinion that the one- seventh of the Province would be mucli better placed under the control of a responsible government, than given up to these spiritual pastors and masters. Should that quantity of land be undivertable from Church purposes, they humbly urge that the greatest good would be attained by distributing an equal portion to each member of the congregation, as a kind of bribe to piety, by which their numbers would be vastly increased, the sood oe more generally diffused, and they would have the privilege of employing such as would preach with the greatest edification. But as nothing has been done which cannot be undone, all except the bigoted adherents of the Church, and their pensioners 119 and dependents, are anxious that this splendid appropriation should De devoted to the general advancement of learning and to public improvements. Of course they are denounced as heretics, wliicli, however, has no other effect than to kindle strife and animosity, and to make it a political question. Mr Fox was willing to see a moderate allowance for the sup- port of a Protestant Clergy set apart, but the startling enormity of the grant excited his notice at once. But all the aids to Toryism that Mi Pitt's fertile mind could devise were inserted in the Bill. Fortui ately, however, he did not confine the grant to one Church, and that the Colonial Legislatures can divert the appropriation. This has long been attempted by the Assembly of Upper Canada, but, as may be presumed, to no purpose, with the Legislative Council in the way. Bills have for years passed the Assembly, supported by both Reformers and Tories, M'ith scarce a dissenting voice, but like all other useful Bills, they were trampled on in the Upper House. We find in history that the virtuous and humane Monarch, Henry the Eighth, when he carried into effect his plan of declaring himself Pope, commenced lopping off the Church pro- perties in right earnest, whicli, as he was first Defender of the Faith, we are authorised in believing he did for its spiritual good, and not to put the proceeds in his privy purse. After starting on his own account, the sequestration was continued on a larger scale, until he scarcely left his opponents a foot of ground to stand upon. The numerous Statutes of Mortmain with which the Statute books abound, passed in different reigns, also afford proof of the necessity of guarding against the grasping power of the Clergy. No doubt they were quite as ready to avail themselves of temporalities wherever they could lay their hands on them, in ancient, as in modern days. They do not, however, seem to have had the opportunities of indulging In the passion to so alarming an extent. They were bad enough — but how are we to bear such burthens, when old bluff Harry kicked against a tithe of the imposition ? * He had not to endure any thing like • It is surprising none of the literary antiquarians ii^ve yet written com- mentaries on the works of the erudite Messrs Sternhold and Hopkins. Many latent beauties and sly hints no doubt exist in their poems. Their rhythmical simplicity, and the worshipfulnt'SA-, and meeting-houscness of their fiauses are admirable. Wlio does not perceive the allusion made in the fol- owing verse to Henry VHI's (luarrcl with Lutiicr, or on his declaring himself Pope ? " Now .loscrum he waxed fat And down his belly hung. But notwithstanding of all that Upwards his heels he flung." .! !l If i- ! lU ir 120 if V ■' f ,l.i ) e \ u the impositions inflicted on the sinners of the present day, and from his saintly properties he ought to have endured much more. Notwithstanding his valiant belabouring at one time of the Reformer Luther, he afterwards partly came over to his doc- trines, and seemed anxious to restrain Clerical licentiousness, and to confine the parsons to their proper sphere, beyond the temptations of the world. The Statutes of Mortmain are rather suspicious memorials against Clerical single-heartedness. They almost convince us of some unnatural desire engendered by the contagion of a cer- tain kind of priestly habiliments. The Aristocracy were at one time opposed to their impositions upon the laity. Th'^ir honesty of purpose may however be doubted, inasmuch as they took care to enrich themselves from the confiscations. Latterly hey have entered into a compact, offensive and defensive, for mutual secu- rity, and hitherto they have succeeded in setting public opinion at defiance. Whether this will ever be the case cannot be fore- told. They seem to have doubts themselves, from their furious threats and maledictions. The time may not be far distant when they will follow their great leader and prototype, Wolsey, into retirement, with the same heart-rending exclamation. Among the grievances entailed by the Constitutional Act, none has caused so much disturbance as this insane provision for the Clergy. Were all denominations allowed to participate equally in it, the objections would not be renewed. In a country containing every variety of creed, the " voluntary system," they contend, is the only just one. It has not escaped them that the parson or minister is the last one who ought to live independent of his labours, because they ought to be of paramount importance to all others, and over-feeding does not contribute to energy and solicitude in the vocation. Compare them to the members of other professions, and where the one discovers an obesity of body and obtusity of intellect, the lawyer and doctor have none of their faculties impaired by idle indulgence. Were the parson and the lawyer to change situations, much good might be ex- pected from the acuteness and zeal of the latter in making out his case in favour of Christianity, but the unfortunate client would suffer from the drowsy discourse of the former, in all probability. They cannot complain of ridiculous comparisons when their inordinate avidity provokes them. After all, the laugh is more at our own expense than theirs, for so long sub- mitting to their unchristian and dishonest pretensions. The Cana- dians have unwillingly submitted in this as in all other cases. It is not the least item in the account now presented for settle- ment. The humbug of divine and vested rights answers no \ * 121 better purpose than other Tory arguments. Were they capable of being put off in this way, they could lay no claim to freedom of thought, nor to any right for civil and religious liberty. After long agitation, the Episcopal Church found it necessary to adopt an expedient to confirm themselves in the possession of the Reserves. They wished the Assembly to re-invcst them in the Crown, which would afford them the opportunity of setting up the howl of the " Church in danger," and " no Popery," and by these means obtain a grant directly to them. Their inten- tions were at once discovered and defeated by the Assembly, who continued each Session to pass Bills divertmg the appropri- ation for purposes of education and for the national advantage, which were as readily refused by the Council. Failing in this, they at length determined on securing themselves, and through the instrumentality of Sir John Colborne they obtained between seventy and one hundred thousand acres in the finest townships, which were set apart in rectories, and rectors appointed over them. Other of the Reserves were either sold or rented, and the money pocketed, or sent to England and put in a place of security. Such proceeding's have brought that Church into still greater contempt, as we^i as their instrument, the Executive. They were not only in opposition to the often-expressed wishes of the people, but contrary to the reluctant opinions drawn from the Colonial Office, that the Reserves should oe held in abeyance until a satisfactory disposal of them should be agreed upon by the Legislature. Notwithstanding all this, the Church have secured sufficient to justify them, as they think, to declare them- selves the only established and true religion. Sir J. Colbor le gave his consent shortly before leaving the Province, so that the M'eight of the country's displeasure could not fall upon him, and the Whigs have winked at the cruel deception. Their whole conduct on the question has been deceptive and unjust. When they held out to the Canadians the prospect of the Provincial Legislature coming to a judicious conclusion, they well knew, while the Council existed in its present form, and was made up of bigoted and ignorant Churchmen, no chance existed of such a settlement. As an indication of Sir John Colborne's merits in the affair, they have appointed him Commander-in- Chief of his Majesty's Armies in the Canadas, at a high salary, for superintending the operations of two or three discontented and truant foot regiments. Such protection may be boasted of in England, but it receives a different name in Canada. All those anxious for a separation, cannot but rejoice at this new inducement for it, and nothing can more racilitate the ac- complishment of their views. Let loose the flood-gates of I- ■ I. I il J I ' 11 I , il # it r ; ' \, ■ i r •1 1 1-1 i '1i I 1 1 i' i'! I i 122 Ti6li|^0iis animosity, and history proves you will have war to the kiiiie. But those, like the writer, anxious for the connexion upon equitable principles, cannot but condemn in unmeasured terms i^uch false-hearted conduct. Were there any earthly arbiter, gifted with wisdom and autho- rity to decide who is right and who is wrong in their interpreta- tions of the Scriptures, there might be a necessity of declaring One particular church the true establishment; but vile lucre could in no way conduce to form or render it permanent. When the contrary is the case, it looks something like presumption and arrogance in one sect to declare themselves not only the favoured few of heaven, but entitled to the riches of earth. In the New World, and in the present age of intelligence, the domination will not be endured. They demand liberty of con- science above every thing else, and will not submit to have others fkshion their creed, nor support any church by compulsion. It is idle in the church parsons to think of stemming the tide. Cen- turies ago their claims may have been enforced, but the day has passed by for their temporal superiority, and they had much better apply themselves to the cure of souls than mix in party controversy in a shameless pursu^'*^^ of worldly wealth. The Tories have made numerous eflForts to bolster up this daim to the Reserves, and have sent numerous agents to England ; but among the Bathursts, the Castlereaghs, and Liverpools, none were found to favour their views so much as the Whigs. No rectories were set apart until thei/ came into power, and those who think to gain their approbation to the abolishment of tithes ^d church rates, may learn from this how much can be expected from them. They will all be as ready to turn Tories as Lord Stanley, when the main questions are pressed upon them. Dr Strachan, a wily old Scotchman, and the Archdeacon of York, has made several trips to England in the cause. He made certain representations much in his own favour, until by good luck they were afterwards disputed, and shown to be utterly absurd and groundless. What he alleged as facts were proved quite the contrary, and in attempting to flounder out of the pre- dicament he was confronted with certain learned divines here, respecting his statenients to them, and their evidence was far from being exculpatory. The exposure was made, that, instead of two-thirds of the inhabitants oelonging to the " Church of England," not one-twentieth even frequented it, and that the public opinion was firmly set against their claims. The Me- thodists were mainly instrumental in ascertaining the true state of feeling, and one of their preachers, named Ryerson,* com- • This Ryerson afterwards became editor of a Methodist paper called the Lyerson,* com- t paper called the 123 msnced a furious war on the worthy Doctor through the ^vMt meis, and was followed by many others, until aii astonishing^ breeze was raised about his ears. Although the Doctor did not make much by his trips to Eng^ land, yet, being a member of the Legislative Council, he led ott the attack against the Bills sent up oy the Assembly, and had them tomahawked in a peculiarly dexterous way, he wielding the weightiest instrument on the occasion, like any cavalier of old. In time another effort was made by sending C. A. Hagerman, Esq., the Solicitor-General, as an advocate of their interests at the ihe^hs of obtaining an end. The Church funds were forth- -t,, /, cottiing in a fee of 1200/., and his Majesty's Crown Officfer WaS to silence all the outcry against Mother Church, and utterly con- found the malignant non-swallowers of the Thirty-nine Articles. A^ it happened, however, being a member of the Assembly, ht had been instrumental in procuring a certain dispatch of Lord Goderich's to be kicked out of the House, because it recogniifed remotely the claims of the Colonists to redress. When, therefore, he arrived in England on his crusade, he found he was not in such favour as he had anticipated at the Colonial Office. He, in turn, had been sent about his business by order of his Lordships who, however slow in redressing insults to the Colonists, wa» ready to create any confusion in punishing a personal insult tO his own high dignity and the despatch of Mr Stephen. Thife ex-Solicitor-General must have been thunderstruck, of course, at the loss of office, and the difficulty was increased by the retire- ment of Lord Goderich on an Earldom, the present Lord Stanley having secured his place. His only course was to make his peac^ with tne latter gentleman ; and it is supposed a very little well- administered adulation answered the end, for in time we find Mf Hagerman reinstalled in office ; and the partner of his contempt) the Attorney-General Boulton, who lad also been removed, made Chief Justice of Newfoundland. No immediate effects were felt * Christian Guardian,' in which both civil and religious liberty was for a time advocated ; but, after obtaining a small pittance by the indulgence of the Church, he basely deserted his former principles, silenced his opposition to a State-paid priesthood, and became a malignant traducer of his former friends, the paltry sum received has been the means of dividing the Society of Me- thodists, and detracted much from their usefulness. It is gratifying, however, to know that this miscreant has excited the contempt and abhorrence of tdl p)od men, and that he cannot now do any harm. He is supposed to be lurk> inc i^out London, and is the reported author of certain sj^cophantish letter^ which appeared in the Times, in favour of Head's adimnistratioft. A fit advocate for him f it \ [i M I I'll;! 'I ,;)' IJ' i; R Vl ! ^•! ill i 'i h:i' 124 in the Coloiiy from this amiable reconciliation, but no doubt the creation of the rectories was then agreed upon. The religious robbery of the best lands in Canada can as well be justified as the yearly profit accruing to a certain family from the Irish Establish- ment. Should the Church be enabled to retain their possession, they can afford another Jee of 1200/. to the Solicitor-General, together with a handsome sum to his co-worker in their behalf, to be laid out in charities, &c. Notwithstanding the suspicious appearances, no one can suspect that fees were paid to any one except Mr Hagerman, for although in Charles the Second's reign the French King managed to bribe the whole Court and a majo- rity in Parliament, yet those were days when it was necessary to have means in defending Mother Church against the attacks of the long-visaged Puritans, and the munitions of resistance are now more easily obtained. As further evidence, Mr Taylor, a clerk in the Colonia^ Office, does not make much mention of bribery and its effects: in his description of modern Statesmen, although mendacity, dishonesty, and all manner of crime are charged against them. (The experience of the Canadians can corroborate Mr Taylor's assertions, if proofs are wanting.) The dispute respecting the Clergy Reserves is not purely religious. They retard no less the prosperity of the Province than the growth of pure feeling and philanthropy. Were the land situated all in one block, the disadvantage would not be so great. But the choicest lots in each township are taken, around which the settlers have to make roads, without any impost on the land, although it is greatly benefited and increased in value. Nothing can be more discouraging in thus having their neigh- bourhoods cut up, and being compelled to labour on the highways, year after year, for the benefit of others, and most of all for Dr Strachan and his troop of parsons. One great argument of the Tories is, that we are well off in not having tithes levied. But the same spirit of intolerance and avarice which renders them so anxious to perpetuate other reli- gious abuses, would spur them on to the collection of tithes, were they not aware of having accumulated more now than they can possibly retain. When considered rightly? this substitute for church rates, tithes, &c. is far worse for the country than those inflictions would be. The people are more injured by being deprived of the resources which ought to flow into the public coffers from the sale of those reserves, which would be applied for improving and enriching the Province, than they would be by a more direct imposition. It differs little whether they pay money as contributions or taxes, or in any other way, so long as it is applied to enrich the few, or is appropriated for the donuna- tion of one Church. $ * ■ ■% -I ¥ 125 Notwithstanding the attempts to bribe to silence other congre- gations by doling out to them a miserable pittance until the whole is safely in their clutches ; notwithstanding their success in dividing some congregations, and purchasing such as this Ryerson, before mentioned, nothing can be more certain than that what remains of these immense estates must shortly be turned into the proper channel. The fact that the parsons are fast making way with them, will not allow the question to be evaded. Sir J. Colborne had good reason to dread public indignation by undertaking the setting apart the rectories, and therefore it was not attempted until a short time previous to his leaving the Province, and scarcely known before he was out of it. The name he now bears is not an enviable one. Sir F. B. Head has, however, nothing to lose, public opinion not seeming to trouble him much ; and he is open and straightforward in fur- thering the views of Dr Strachan, Mr Hagerman, and Chief Justice Robinson, whose company he is so proud of enjoying. A meeting was got up at the worthy Doctor's instance, last No- vember, in the metropolis, in which an address was passed to the little gentleman, claiming his "powerful" assistance in favour of their exclusive and unjust pretensions. His Excellency, among other things, assured them " of the regard and attachment he " naturally entertained for the Clergy of the Established Church in Upper Canada." Now this is saying more than many liave of late dared to say. The Colonial Minister and the Tories have not pretended that the Church was " Established," but that the term " Protestant Clergy," used in the Act, may fairly be said not to mean the Episcopal Clergy alone, and therefore the question has been left open for decision to the Legislature, which has not yet come to a determination. With such a reckless and fool-hardy character for Lieut.-Governor, who does not require the advice of an Executive Council — not he — the ferment must necessarily increase, as it ought, until the parsons find their hopes of an establishment and beds of clover as futile as they are ridicu- lous and unchristian. Were the Church alone anxious for the dissemination of its tenets and the conversion of sinners, a bright example is set before them in the United States, where, on the " voluntary system," it Hath flourish'd — flourisheth this hour." But filthy lucre seems necessary, by their own showing, for the maintenance of its station here; a foundation as sandy as its greatest enemies could wish, and one on which not much depen- dence can be placed when the storm cometh, unless certain ancient authorities are gone out of date. 4\ ? M I 126 'ii , i : 1 i \y ti ■ if } [ 1 1- \i\i& Chap. VI. king's college charter. Another of the aids to Toryism was the Charter granted in 1825 for an University after the most approved Oxford jind Cambridge mp4el. It is endowed with 225,000 acres of valuable land, aii^i the Venerable Archdeacon Strachan is made the President. This University is essentially necessary in the Province, but not according to the provisions of the Charter. Its intolerant cha- racter will render it entirely useless for the purposes intended, nor would Dr Strachan make the very best President. Owing to the petitions sent from all parts of the Province protesting against it, as well as the illegal appropriation of the Clergy Re- serves, the Provincial Parliament have been " invited to consider " in what way the University can be best constituted for the ^* general advancement of the whole Society," using Lord Gode- ricn's terms. This invitation lays the Colonial Office open to the same charge as on the question of the Reserves, viz. that of knowing the utter uselessness of attempting legislation by tl^e representatives of the people so long as the present Council exists, and of taking no means to remedy the difficulty. Such invitations are trifling and insulting, but the University has been prevented going into operation thereby. Yet the funds are being appropriated, and only the greater calamity is avoided. Bills have yearly been sent to the Council amending the overbearing and sectarian clauses, and there they have found an end. The Charter was first obtained by Dr Strachan as a prop to the Church, and he will no(; allow it to be altered contrary to his ori- ginal intention. With six of his former pupils, besides the Bishop, in the Council, all hopes of successfully overcoming ^im there are abandoned.* * This learned Divine is a Scotchman, and still reads the English service in good broad Scotch. He commenced his career as a schoolmaster in the small town of Cornwall, and, becoming notorious in the dexterous use of the rod, obtained a number of scholars from a distance. In the many attacks made upon him he has been accused of making application for holy orders iii fcoth the Kirk and the Church, but finally decided in favour of the latter oii account of the higher salary. By dint of cunning, industry, and some ability, he succeeded in getting a living in the metropolis, and became a flatterer and favorite of the Cmrt. He has been a kind patron to many of his pupils, and \<''\ ¥ 127 So long as they can uie the funds, perhaps it is no matter ^ithtr to them or to the pious countryman of the Doctor's in the Colo- nial Office. No matter whether the youth of the Province ftr« educated or not, unless they subscribe to the Tory faith in politic^ and religion. The people do not admire these doctrines. They insist that all shall have free access to the halls of science, whero intellect may work out its superiority and assert the only true supremacy. Blockheads would not then rise above their level by the patronage of a few Legislative Councillors, who occupy stations they dishonour by the indulgence in vulgar pjejudicf^ and wicked partialities, and most of all on those questions with no other bearing than to expand and reform the mental faculties. Such men would oppress the conscience of the student in first entering on his studies, and afterwards confine his attention to ^ few orthodox volumes, as if there were not a world full of know- ledge before him. Considering their own ignorance, their pre- sumption is monstrous, and well deserves the animadversipps of both the learned and the unlearned against the nuisance. Chap. VII. THE LAND-GRANTING DEPARTMENT. In a country with such natural advantages as Upper Canada, it is not surprising that the attention of monied men and specula- tors should have been directed to the wild lands at an early period. When General Simcoe first arrived as Governor, and for some time before, the invitations and bounties held out to settlers in proclamations and otherwise, were the means of inducing many to resort to it, both from countries beyond seas and from the obtained them lucrative and important stations under the Government. In the mean time he did not neglect himself, but laid up a goodly store of worldly gear against accidents. In a speech made lately at some country town he complains of not being made a Bishop 1 This deserves the notice of the Whigs. The Doctor is one of the Provincial Literati, being deep in ^iyinity* political economy, and the science of numbers. He is, moreover, a philo- sopher, and stout on the subject of phrenology. He once delivered a lecture on the latter, in which he informed the world he was only a half-believer, but that every fish should hang by its own lail. !!f II il? 128 neighbouring^ Republic, at that time but eight years free and independent. Tlie high laudations of the Constitutional Act, the epitome of the British Constitution, served to dispel any dread of tyranny in the form of government. The inhabitant was led to believe his rights and liberties would be strictly watched over, and that he would be every way as free and untrammelled as the greatest stickler for agragrian justice and equality could wish. Such flattering accounts left very little to choose between the Colony and the States of the Republic. This was the dawn of what promised a prosperous and liappy state of things, and we do General Simcoe the justice to believe he had an ardent desire to make a propitious commencement. One man's exertions in a good cause are, however, liable to be baffled by a combination pursuing a different course, and this was the case with him. The settlers who come in under his proclamations were advancing steadily to wealth, and their prosperity served to induce others to follow their example. But, at the same time, it gave en- couragement to a scheming set of men to attempt to turn the gracious intentions of his Majesty to their own private advantage, in which they were but too successful. Individuals were obtained by the month to draw lands and make the settlement duties, and after the deed was issued to give transfers to their employers, just as the settlement duties, since then, on U. E. rights, have been evaded. An easier and cheaper plan was afterwards adopted by a trick on the Lieutenant-Governor. It was repre- sented to him that so good a commencement having been made, tLe bounty was no longer necessary to attract settlers, but that they would continue to flock in, although a price were set per acre, with reasonable terms of payment. That the revenues of the Province would thereby be increased, not for them to squander of course. The foremost in giving this advice were those who had taken advantage of the times to accumulate large and valu- able tracts, which could not be disposed of when free grants were made by the Government. In giv'ng this advice they could loose nothing, for although, by withdrawing the bounty, a check might be given to emigration, and prevent either themselves or the Government from making sales, yet if such policy were a failure they could recur to the old system, and be enabled to monopolize more than formerly. In time this advice was acted upon with the most injurious results. The spirit of emigration died away — the newly laid-out states offered greater temptations — the Oligarchy were beginning to close round the Government Councils, threatening no good—- complaints began to be heard — these, with other causes, served to darken the sky which but a short time before gave so much promise. The speculators were ^4ii\i' 129 mistiken in their first plan — and not being aMe to sell, they contented themselves with inereasinji" their store by purchasings at a mere nominal value the very lands which had been laid out formerly as presents to those who beeaine actual occupants. This increase to the treasury was insi»-nificant in itself, but when it was only put in for the sake of beinu- filched out aj^ain, no benefit whatever accrued. But the injury in the sta^;uation of emigra- tion and in the monopoly of land cannot be computed. The U. E. I^oyalists aiul their children were c titled to land, but the most grindina; restrictions were imposed on them before obtain- ing their deeds, in the shape of settlement duties, and those who liad not at first made locations were driven into distant townships, leaving the gift of not much value in their eyes, and all the bet- ter for the speculators, by whom the right eoidd be purchased cheaply and made of service. These plans of enriching them- selves, to the infinite detriment of the country, were principally carried into -effect by the olficc-holders, whose enormous salaries, fees, and perq 'isites, enabled them to lay out money, when a scarcity in the ci.cidation gave none others the same chance. Incessant applications were also made for free grants, either as ])resents or in recompense for imaginary services, and in the loose Avay of conducting affairs they were not refused. Sur- veyors were dispatched, and the finest lots and water privileges secured without any hindrance throughout the whole I'rovince. The books (if they are not hnrned by accident!) of the Land- granting Department will present as great an amount of fraud and knavery as any Ileformcr may M'isli to use against the Oli- garchy. These were glorious times. 'J'he Constitution was the Eerfection of wisdom, aiul the Lieutenant-Governor for the time eing was all that could be desired. Such iniquitous schemings and connivings cannot be too indignantly reverted to, as unhap- pily they have not yet been discontiiuied. Those who succeeded Lieuteiuuit-Giovernor Simcoe were not so scrupulous as he about einiching themselves. Seeing iiow things were managed, they thought not si) much of applying the remedy as aiding in the devastation. They accordingly made grants to others tliat were afterwards transferred to tliemselves or their children. Some, indeed, did not go through this form. One Lieutenant-Governor, by the name of Peter Hunter, made a direct grant to himself. " I, Peter Jliniter, Lieutenant-Gover- nor, grant to you, Peter Hunter, Esquire," See. not even deign- ing to us6 the name of ,Tohn Doe or Richard Styles, so shameless liad they become in dividing the spoils, and so utterly careless of public opinion. These slight indiscredons were hailed by the cormorants as forerunners of future good to themselves. In thus I '^i i i / III m 'V 1i !?! }' II in 130 Imvlng the Ilcnreseiitativo of the Kinj^ involved as an accom- plice, they could dictate their own terms as the price of secrecy. The people had no means of knowinfi^ how matters stood, except throu<>h their llepresentatives, who {generally engaged in the plot and betrayed their trust. 'I'he keys of office were lield by themselves or friends, and no admittance to their secrets allowed except to the initiated, whose favourable out-of-door statements could be relied on. Never siiu-e the Norman invasion of Eng- land was there such a wholesale ])artiti()n of plunder ; and now they expect, as Tories, to be the idolized paratj;ons of virtue and lionesty, and regarded as the only staunch supporters of rational freedom and the " ConstitiilioN." Becoming glutted with s})(>il, at length encouragements were again held out to settlers, with more or less success down to the commencement of the war with the United States. At its close, when the army was disbanded, rewards in lands were distributed in the most partial mainicr to a certain })ortion only, when all were deserving. Here the speculators had another opportunity of collecting large (juantities of land by purchasing these rights, the most favoured of the Ivxeeutivc ohtalning the best locations. Old soldiers who had served in all the iMiropean wars, and re- paired thither in expectation of enjoying peace and comfort the remainder of their days, found they had to commence a new life of labour under every discouragement, being surrounded by the immense tracls accumulated in the manner before-mentioned; having to cut roads around them as well as the Clergy reserves ; shut out from forming extensive neighbourhoods and increasing the value of their lots, many became involved and distressed and fell an easy prey. Driven from their possessions by traders, lawyers, and speculators, and becoming dependent on those who would give them employment, they '. I no reason to bless the clemency of the British Governmert, nor the prevailing system of Toryism in L^pper Canada. The monopolists, not ten years since, were destined to meet with a serious rivalry from certain London merchants, who, as- certaining the chance opened them for speculation, by some extraordinary and unaccountable means obtained a Charter, under the title of the " Canada Company," and got possession of upwards of three millions of acres, a part of which is left in the hands of the Government until claimed, to avoid the payment of taxes. This Mammoth scheme has quite eclipsed any thing be- fore known, and already gives warning of becoming most dange- rous to the country. No doubt London merchants have as much right to push their fortunes in North American lands as in South American mines — but their Charter is illegal and void, notwith- iM' 131 staiuline: the concurroiico of tlio British I'iirliaincnt, mid tlie bar- • .•• 11*1 • gain of the Colonial Secrotiiry. SiMce its estaolishinent, in conjunction with the Camulian Tory spcciilatois, their inrtnence ]ias been anything' bnt beneficial to l'[)|)er Canada. So much territory being out of the hands of those who ought to control it under the jiroper responsibility, that encouragement has iint been afforded to Emigrants which they receive from the neighbouring Republic. At tiie present time the Canada Company hold their lands from 8s. 9d. to los. currency, per acre. Speculators join in keeping up the price, and the territory still left under the Executive control, by the contrivance of the Oligarchy, is sold at the upset price of lOs., so as not to underbid the Company and individuals. These are exorbitant and unjust prices, imposed by the Government on the new comer, and turn thousands towards Michigan and Ouscon- sin, where the Government has the disposal of public lands, and sets a regulated value upon them, not exceeding 5*. or 6s. Sd. per acre, giving, at the same time, advantageous terms of payment. Under all these discouragements there is yet room for improve- ment. The Clergy Reserves, school lands, and others remaining for public disposal, if put under a well-regulated board, made responsible, so as not to squander them partially to favourites, and the prices made to correspond more to those of the Ame- rican Government, would quickly tend to bring about a favour- able change under a good Government. It will be recollected that Sir Francis B. Head admits the right of the Executive Council to advise on the Land-granting Department ; but owing to the violation of the Charter in not rendering it responsible to t)ie opinions o^ the people, the consequences are what will ever naturally follow. The Hon. William Allan, one of the special Councillors chosen by Head after dismissing the Liberal ones, is one of the two Commissioners of the Canada Company, receiving a salary from them, and therefore bound by every means in his power to further their interests. Since the resignation of Mr Gait, he has acted in this capacity, and it is his interest to sup- port the interests of the Company at the expense of the Province, which is accordingly done in holding the public lands up at a higher price, and giving them the advantage in the sales. The Hon. John Elmsley, who, after being a lieutenant in the navy, finally settled in the Province, is another of the new Executive Councillors. He is considered the greatest private speculator among them at present, and it is also his interest to hold the public lands as high as possible, so that he, with others, can underbid the Executive. Now, if the Canadas had responsible Governments, this would not be the case. Every thing would be equalised to t : >, '1 M i ;;fi ti 132 II \) hl\ *"■' ' iH ' i i tlieir neighbours, and their natJiral advantages wonld give tliem a vast preponderance over the States of the Union. Tliis exclu- sive system drives every man acquainted with its workings from the country; wliereas the liberal policy would give those who have suffered at home nothing to dread abroad. Without suclx policy it is vain to think of perpetuating British feeling or ex- tending British settlements. It cannot be done in opposition to the experience of the emigrant, who flies from bad government to seek a new state of tilings ; and however much the Ministers may plume themselves upon the quiet, negligent demeanour of their English supporters, their neglect abroad arouses a differ- ent feeling where personal considerations and intriguing party- schemes have no weight. Sir John Colborne, in his contests Math the Reformers, dwelt greatly on an extensive emigration, to instil " Loyally " into the very heart of the country, and through all its veins and arteries. It only shovved his absurd old Tory notions, and that he could not fancy the slightest objection to what he thought the "perfection of wisdom," the " pride and admiration of the world." The system under which he had grown up and been supported, was considered perfect and incapable of any improvement, and any innovations of the Reformers were thought impossible under the strong Tory resistance. He was miserably mistaken; a natural result in an exclusively military man attempting to interfere in civil affairs, which he knew nothing about. lie supposed every emigrant in the Province must be by nature a Tory ; but instead of tins he found Reformers even among those who had advocated Tory politics at homo. They had experienced their ill effects, in being obliged to emigrate ; and they deemed it no discredit to them in insisting upon a responsible and libt-ral Government, the oidy one to advance tlieir interests, M'hen they were beyond the scene of their former misfortunes. Large sums of money were expended by Sir John out of the Provincial Treasury, for the purpose of placing the poor emigrant upon lands sold to him on credit. By this credit he was placed completely in the poAver of tho Oligarchy, and as a matter of course, this was used to coerce his political opinions in their favour. Where the trembling pauper would not readily concede to the power of dictation, after having thus passed under the yoke, he was threatened into it by the production of some of his bills drawn at short dates, for the purpose of being so used. Should he continue obstinate, the steel collar was at once applied, and he became a slave, more degraded than the vilest in the Southern Republics or the West indies. Some who read these pages may indulge in the pleasant reflection that many of their 133 d give tliem a This exclu- vvorkings from ve tliose who Without sucli feeling or ex- jposition to the government to the Ministers demeanour of rouses a diflfer- xiguing party- formers, dwelt Loi/aUy " into ns and arteries, at he could not le "perfection world." The supported, was ment, and any sible under the ken ; a natural to interfere in upposed every y ; but instead » had advocated heir ill effects, no discredit to ovcrnment, the ere beyond the ohn out of the poor emigrant he was placed IS a matter of nions in their eadily concede sed under the of some of his >eing so used. t once applied, vilest in the ,vho read these many of their friends are thus situated ! But this was not all. A few, who were sent into the uttermost extremity of the backwoods, from sickness and debility, actually suffered starvation ! The horrific detail v as given in evidence before the Committee appointed to examine into the subject by the last Cieneral Assembly. Gladly does the writer recur to the general mode they adopted to throw oft" the load of debt and misery. It were a gross libel on Jie British character to suppose many, laying a claim to it, capable of submitting to such outrages. Thousands soon began to be enlivened by sounds of happiness beyond the borders. Reports reached them o*' peace and plenty, out of the reach of Tory oppression. They heard of the reception their countrymen had met with, and the consolations of hope began to revive. They left in bodies for the Republic, their promi>«sory notes remaining in the Commissioner's ])igeon-holes, and stepping on the shore of Freedom, they found every man a countryman, speaking the same language, of the same habits of life, and less ready to tyrannize over than befriend. In the wild tumult of joy it is not surprising that they should no longer remember the sage lessons instilled by Sir John's agents, of " loi/alti/ " and " passive obedi- ence^^' nor cast a lingeriu'; look to the country they had deserted. They ceased to be British subjects ! and oh ! the curse, — the withering curse, which the circumstance reflects upon the Whig- Tory domination. No man, with the least pretension to feeling, can deprecate the course they pursued; but how much has not such necessity injured the growth and prosperity of the country ? Sir John and the host of parasites Avere of course mightily chagrined at their failure of introducing what was termed " British feeling;" but the good Samaritan M'ould disregard the epithets of " traitors," " renegades," heaped upon them, and bid them health and God's speed wherever their fortunes might carry them. The Canada Company, it seems, were also ])ut to inconvenience by their settlers leaving: their lands. Colonel \\\\\ l">mond, one ot the emigrants to the Huron Tract, in his evidence belore a Committee of the Assembly, says — " From the best information " I can obtain we lost from '^."iO to 300 families, who chiefly " settled in Michigau and the other States, because the Company " neglected them." It is lamentable to iose so many indus- trious inhabitants and subjects — but neglect and oppression may soon lose a much larger l)0(ly to the nation, who may not be so well disposed to (piit the soil! Instead of flying from tyranny, ])ossibIy it may be glad of the chance of flying from them ! When thorough-bred Fnglishmen, who are wont to sing "God save King " in full chorus, are driven to such extremities, what '! I !i! # ^ i fl •1' W 134 U ■l 'W. i I: may you expect from the Canadians, who know nothing of him, except through the bad acts of his Ministers ? While Sir George Murray was Colonial Secretary, he sent a Commissioner to the Province to enquire into the Land-granting Department, but it is presumed he liad interviews only with the offici.ll gang. Assuredly he was never seen or heard of by the people. Nevertheless, he testifies to " the value to which this " beautiful Province might have been raised under a more econo- " mical management of its land resources." As there is no chance of amendment under the present irresponsible and cor- rupt Government, the fear of their soon appropriating all to themselves will not allow the Canadians to lie idle. The crisis has arrived when lukewarmness is crime on their part. Head, to carry his infamous schemes into eft'ect at the last election, is supposed (although, from the secrecy preserved, the precise number cannot be ascertained, except by the investigation now pending) to have ordered 7000 deeds to be issued. Probably the number is under rather than over-rated. As the affairs are now conducted, any number of voters can be made in each county, taken from the kenn.ls of office, to put down the free and inde- pendent voice of the substantial and real landowners of the country, and expel any dreaded candidate. The Tories still say the Government is perfect ! But they will not fight to sup- port it ; and after this season, if all else prove abortive, it will require thus much at least ! il: l' 11 Chap. VIII. THE SCHOOL LANDS. So determined were the official party to monopolize every good thing, either directly or indirectly, that any provision capable of conferring a benefit on the ])eoj)le Avas immediately appropriated to their own j)urposes, or indlified so as to be of no utility. Their })lans were not only to exalt themselves, but to crush whatever lad the remotest tendency to cross their ambition, or contract their sphere of importance. Thus they would allow no rivalry in religion; none in the liighor branches of lit*, aturc and science; none in matters of si)eeulatioii : and they even went so far as to bring within their rapacious grasp the charitable donations for the ' I \ A/ ir '• ! '^ 135 support of free scliools in each district, and the education of the cliildren of the poorer classes. Ignorance is the life and support of Toryism. On it they depend alone for existence. When the rays of knowledg-e penetrate the obsclirity, Toryism departs, never more to return. It is the merest Vandalism, which spurns the contiguity of ilie arts and science s, and tramj)los under foot the eftbrts and perfections ofmiiul. Some maybe Tories from interest, whose minds have been enlightened, but its foundations are ignorance, superstition, and all the vulgar passions. Hitherto Toryism lias attenijjted to hold its ground in Canada, by withhold- ing all means of ediu ition to the people ; aiul it has accordingly robbed them of those grants set apart for their especial benefit by the King. That party have endeavoured to put down schools altogether, except what were under their especial control, but fortunately their attempts have not succeeded. By their own exer- tions the inhabitants have sustained institutions of knowledge, but the opj)osition and discouragements they meet with justly call forth their indignation against the inhuman policy standing in the way to a more perfect system of education. An infamous plan was concocted of establishing oidy one school in each district, and calling it the " District School," al- though none but the othcials, and those residing in the district towns, could derive advantage from it. A salary was received by the teacher from the Government, but the tuition was still held up hiiih, and all were placed under the superintendence of Archdeacon Strachan, who of course received a high salary for thus managing the education of the young Tories. The first batch imder his peculiar eye at Cornwall had managed so well, that the market *vasto be keptsupj)lied. While the mania for destroying machines raged in England, a waggish message is reported to have been sent to one of the learned masters at Harrow, threatening the destruction of his thrashing machine. Had the threat been made and carried into execution in these schools of the worthy Archdeacon's, the young candidates for Tory honours would be greatly delighted, as the doctrine of ' spare the rod and spoil the child," is there fully understood. The reiu)wne(l historian, Dicdrich Knickerbocker, stiuuls alone in deeming worthy of profound notice, the tribe of Van Higginbottums of Wapping's creek, the first " who discovered the marvellous sympathy between the seat of honour and the seat of intellect, and that the shortest way to get knowledge into the head was to hannner it in." Whether the Doctor be one of this l.ibe, or oidy a disciple to their philo- sophy, makes very little ditference; but he certainly has achieved wonders as the great Apostle of the rod. He professes to do more with one stick than was ever imagined by the old man with Ml 1 in' I'l •,t !:i i m i i I' 136 his bundle. He lias worked to some purpose In getting six of his pupils in the mock House of IfOrds. We do not object to his keeping them in order there, but his superintendence has been deleterious over the district schools. The people suspect every- thing coming through his hands, and would be prevented sending their children, did the expense not otherwise deter them. A miserable ])ittance is allowed each township for the purpose of keeping all quiet, but no good ensues from the paltry distri- bution. Forty years ago a munificent grant of lands, amounting to half a million of acres, was made by Mr Pitt, for the support of Free (Grammar Schools over the whole Province. This Mas kept a profound secret among the ofhcials until very lately, and when it became known the hand of the destroyer had been here also. 225,000 acres had been illegally transferred to Dr Strachan's Sectarian University, and the remaining 275,000 acres were secretly exchanged with individuals for others of an inferior qua- lity, situation, and valuo. 1'his is another instance of the rapa- city of the officials, calling for unmeasured censure and reproba- tion. No doubt their own interests were served by exchanging their worst lands to so good an advantage, but where is their honesty or piety in thus defrauding the jioor of their birthright? These are the men who are wont to impute ignorance to the peo- ple, and it cannot be denied that they have done all in their power to make the charge a valid one. This mode of upholding their power has not yet. however, been successful. Such an exposure is sufficient of itself to work tinnr ruin, had not tho evidences of their guilt beer, j fore so abundant as to leave any new indications of little consequence. Of course a restitution of the unlawful sei- zure forms an item in our demands for justice, and no doubt when the clher concessions are made, this will not be overlooked. They ma) claim the lands as " vested rights," in the same way that all their other claims are ])ut forward, but it would be curi- ous if such a mode of coming ink) possession conveyed any other property than that which impudence and usurped power main- tain. Many are of opinion that a violent revolution is tie only way of settling these fellows, but they pay but a poor compliment t the majesty of British intervention, although under such Colo- nial Secretaries as have lately exhibited themselves, good reason may have been afforded for the inadvertence. The besom of Re- form will be sufficient to cleanse the den of iniquity, but it will require to be a stiff' one, and in good hands. i J? I i i ■ \ > 137 if Chap. IX. THE CANADA COMPANY. Onk of the principal aphorisms in the Tory creed has ever been " a national debt, a national blessint^," — or, in other words, " the nation's {)overty, onr own advantage." This has not only been a standing toast in England, but their outriders and scouts in Upper Canada have adopted it. A national debt has been com- menced there, but with a singular deviation from its mode of con- traction in England. Instead of borrowing the capital in their own country, they have gone to rich foreign houses for it, thereby defeating the intention of binding all the provincial capi- talists snugly to the chariot wheels of the Government, and con- fining the expenditure of the interest in the Colony. Not only have they striven to mortgage the Province, but, as before shown, they have attempted to secure its best sections to themselves, the Canada Company, the dominant Church, and sectarian Univer- sity. What remains is scarcely worth redeeming from the Lon- don pawnshops, without security for a better state of things here- after. There were certain inhmd tracts too remote to excite their cupidity, which woukl in due course, however, become valuable as a source of public revenue. True to their importf'd creed of national poverty, these must necessarily be alienated into ])rivate hands. The Joint-Stock Company was encouraged, therefore, in making the purchase. The game w:ts understood too well by an unrefoimed House of Commons to render the Charter difficult to be obtained. 2,000,000 of acres, spread through every district in the Province, and 1,100,000 acres in one block, called the Huron Tract, were made way to this Company at a merely nominal value. What must appear monstrous in this job, beyond the mere plan of speculation, is, that they have con- tiived to escaj)o taxation on nearly all, while other lands are liable. The Government have connived with them, and taxes are only collectable on the surveyed townships of the Huron Tract, while all unsurveyed in that tract, besides the 2,000,000 scattered acres, are free. Never was there a job of greater in- justice and magnitude perpetrated in any colony. We have shown its injurious tendencv to retard the settlement of the Pro- vmce ; nor does it exercise a better effect on the condition of the '^ 1^1 1^^ f 138 people. The Tories of Upper Canada had an eye solely to their own power in bringing the country to poverty, and in encourag- ing the formation of this Company. The lands were given free from taxation to excite their avidity the more strongly, and by holding up to them the Reform party as opposed to the infamous favouritism and preemption, and opposed, as they are, to the ex- istence of the Company altogether, their influence and aid would be given to them as a matter of business. It is presumed the compact, offensive and defensive, was entered into upon equal terms. The Tories had need to advance something in obtaining support to so bad a cause. Accordingly they are willing to be underbid in public sales, and they consent to allow the Head Commissioner of the Company to be the head man in the Execu- tive Council. The Colonial Offtce, we fear, have something to answer for here. Sir F. B. Head, from having been the agent of speculators in South America, M'as the very man for their inter- ests in the North. This was, perhaps, an urgent reason for his being sent out, and the mystery cannot be explained more satis- factorily. True to his employers, another of the Executive Coun- cillors, II. B. Sullivan, E ., was shortly made sole Commissioner of Public Lands, and another good man and true made Surveyor- General, although hitherto he had been a humble Postmaster, and knew as much of surveying as the faction do of honesty. In consideration whereof the Company have employe 1 their whole force in aiding the Tories. Stout and valiant pamphleteers have entered the field at their bidduig, at the head of whom may be reckoned Dr Dunlop, who let fly an uncommon volley at all Yankees, rebels, and .Tacobins. The Doctor being possessed of a lively imagination, among other hideous stories to raise an out- cry against the poor Yankees in Kentucky, described them as Negro hunters to all intents and purposes, thundering after the poor black with wonderful vim, and running him up a tree, bear fashion, in order to bring him down with clubs, stones, brickbats, and all other missiles capable of being impelled with good em- phasis. John Bull's hair must have bristled at the very relation of such unexampled feats. The Yankees have never forgotten the day such a lashing was bestowed upon them, but they ought not to take it to heart. The Canadians suffered under the Doc- tor's severe displeasure as well as themselves, and they have less to encourage them in putting up with it. Enough has been writ- ten against them to send all to Botany Bay, if not to the Huron Tract, were every charge made good. When Tories write of Re- formers, their muddled lucubrations are generally dictated by the same spirit as Satan's address to the Sun ; but the Devil him- self cannot equal them in foul language. These mutual exer- ). I \A'^'\' A ; solely to their cl in eneourag- vere given free ongly, and by :o the infamous are, to the ex- ! and aid would s presumed the ito upon equal ng in obtaining ; willing to be dlow the Head I in the Execu- e something to en the agent of for their inter- reason for his ned more satis- Kecutive Coun- i Commissioner nade Surveyor- ►le Postmaster, )f honesty. In '^■\ their whole iphleteers have whom may be volley at all g possessed of o raise an out- ribed them as ring after the jp a tree, bear nes, brickbats, with good em- very relation ever forgotten )ut they ought nder the Doc- they have less has been writ- to the Huron ;s write of Re- lictatcd by the tie Devil him- mutual exer- Wi X 139 tlons answer a good purpose for both parties, and the virtuous compact will no doubt increase its cash receipts, although their credit may not be extended. The Company's mode of treating the settlers, according to the evidence of one of them, Colonel Van Egmond,* can have no ten- dency to increase the number, and this all'ords anotlier argument against a private, and in favour of a responsible public depart- ment in disposing of territory. The profits of the concern being taken out of the country, forms another argument against the mo- nopoly. Were these lands under the control of a well-appointed responsible Land Board, the benefits to the country would be in- calculable. As this Charter was granted by Tories — is against the wishes of the Canadians, and is strictly a violation of good faith towards them, its repeal is called for upon equitable terms. Its existence is at variance with their constitutional rights, and having such dangerous powers, it is a national evil. Undoubtedly the British Government have as much right to sell the whole Province to the Grand Mogul, without the consent of the inhabitants, as dispose of this large tract. Sooner or later the Charter must be annulled, and the quicker it is set about the better. Stamp Acts were nothing in comparison with such impositions. Chap. X. THE LAWS OF PRIMOGENITURE. " The office of mediator between the People and their Superiors (whether " theological or political), is pretty well understood to consist in plun- " dering them tor their good : and the absurdity of balanced ,;owers in a " State has been reduced almost to a demonstration. It is now matter of " experimental knowledge, that an Aristocracy in Constitutional Governments " must either possess itst . of the whole power of the State, or be content to " follow in the train of the People." — Ladi/ Morgan's France, in 1829 and 1830. In attempting to re-establish an Aristocracy in Canada, and divide society into classes where all were equal originally, many difFi- * His evidence may be found in the '* Grievance Report."' It is too long for this production. I 140 f). I: 'I li culties were found in the way, sufficient to discourage the most headstrong and determined. The old Aristocracy of England, from whence the example was taken, was not formed in a day nor a century. It did not proceed from legislative enactments, but sprung up out of a state of anarchy and strife for power. Of late years it has been found imperative to " infuse a portion of new health into it, to enable it to bear its infirmities," and recourse has been had to parchment. Among all the plans to array a strong body against the interests of the people, this is the simplest and most effectual. Where any individual displays a sufficient por- tion of bigotry, uncharitableness, and obtuseness, he can at once be put in a place to exert them to the utmost advantage, without the delay of looking into his pedigree, or ascertaining if he can trace even a name to any of William the Bastard's adventurers. This expedient being brought into force in Canada, ought to satisfy the enemies of responsibility, without calling in collateral aids. But no. Tory institutions are threatened with a fall, and require all manner of propping to prevent the wide-spread ruin. A little of the old regime leaven must be kept, if not for use, for the sake of appearances. Certain distinctions, according to the LaAvs of Primogeniture, are necessary, w'hich in the course of eight centuries may produce Constitutional results. This plan would be more tolerable were it confined to its admirers alone, and might not work much mischief. But with the other aids to Toryism introduced, tlie English Laws of Priniogenitiire were imposed upon all classes inUppcr Canada, contrary to their wishes, and contrary to the voice of humanity. The laws of Nature never ordained such distinctions, and the mere date of birth has no influence in forming the character. The innovation was unauthorized and inhuman ; dictated by a calculating and cruel spirit, calling for unbounded execration. The commentary on Primogeniture can be read in the estrange- ment of family circles — in the divisions and enmities of kindred — in the mourning and desolation where was once the happy home. But sufficient has been before advanced to show that right feel- ing forms no part of the Canadian Tory's character. " Divide and conquer " is their motto, in stirring up religious feuds through Orange Lodges and Established Churches, and it is also carried into private life. They are anxious to put father against son, and son against father —brother against brother — friend against friend, so that no family compacts can be maintained to aid in the destruction of their power. What care they for the misery engendered, when their unhallowed lust of gain and their politi- cal existence demand the sacrifice ? Their persecutions of their A V furage the most cy of England, led in a day nor ;nactment8, but power. Of late portion of new i," and recourse ;o array a strong; he simplest and I sufficient por- lie can at once antage, without ining if he can X's adventurers, finada, ought to ing in collateral with a fall, and ide-spread ruin, not for use, for ccording to the II the course of Its. This plan admirers alone, e other aids to logeniture were to their wishes, ctions, and the the character. ; dictated by d execration. in the estiangc- ies of kindred mce the happy that right feel- ter. " Divide iligious feuds and it is also father against n'other — ^friend lintained to aid for the misery nd their politi- utions of their 141 political opponents — their public and private pliinderings — their fondness for arbitrary power— be tray :ir» entire absence of all noble feeling. Nothing can bo expected iVoni their compassion, but they have much to dread and shudder at in the might of com- bined desperation. The moral and political evils of this law have been severely felt. Wherever the eldest son has inherited all the estate, the cases are rare that lamentable consequences have not followed. The chances of the younger members of the family being thrown beggars on the world, and the fortunate one becoming purse- proud and haughty, leaves little of forbearance to be expected on either side. In England the Aristocrat is expected to stand up for liis order against all other riglits, while the Democrats have the church, the army, navy, and other resources of livelihood alone before them, unless they have spirit to eat the bread of in- dependence in the ridiculously-termed lower walks of life. In Canada, the eldest son, by being patronized with the honorary offices, and flattered into a community of feeling, is expected to join the Oligarchy; while the others are considered more open to corruption and the official crumbs of comfort, than they would otherwise be. The same results are sought as in England, and in too many cases successfully. But still the force thus obtained is weak and insignificant. Were the political acquisition of service, nothing could justify the continunnce of the law at the expense of all the domestic virtues. Indepentlent of these, the interests of the country demand a gavel-kind regulation. The inhabitants are as little divided on this question as on that of the Clergy Reserves. For the last twelve years, successive bills for the equal distribution of intestate estates have passed the Assembly, and only met resist- ance in the Council. Multiplied examples might be given of the excellence of such a law in Europe and America, and within the realm itself, but it does not require the support of precedents. • . Chap. XI. VOTE BY BALLOT. This is a question of such acknowledged expediency and necessity in England, that time would be lost in repeating the oft-repeated arguments in its favour. There are circumstances relating to the I . \K m ffl i! u il ''it ; 142 :■ 1' 1 \' ■• 'J a K: ; I' " 'f' subject, however, connected with tlie object of this production, which will not justify ])assing- it by without observation. Since the Constitutional Act first came into operation, and since the Oligarchy first laid their plans to monopolize all the properties, offices, and dignities, they have ever shown a jealousy towards the House of Assembly, and an active anxiety concern- ing the election of its Members. Although the Representatives of the people have no power of themselves to enact laws, they may do a great deal to annoy the enemy by exposure and remon- strance. By introducing the rotten borough system, opportuni- ties were afforded them of using the same modes of getting their partisans returned as were used in England. In the counties their influence wjis less felt, but a different species of villany was here adopted. Candidates were put forward who would make specious promises — profess acbniration of popular rights — proclaim adherence to the leading principles of Reform and retrenchment — declare themselves ready to protect the privileges of the Com- mons against Executive encroachments — in fact, bolt any test put to them, but who were at the same time closely allied to their party, and after making a show of liberality for a season, would go over to them upon some frivolous pretence, or without any at all. By means of such promises, the influence of the banks, the local official establishments, and by threats, falsehood, detraction, bribery, and, last of all, riot, their schemes were not unseldom successful. Where the people could not be cajoled, trials were made upon the virtue of the Representative by large promises, and all other means of corrupting him, and there is a black cata- logue of those who have yielded to those temptations, and fallen from the high estate in the hearts of their countrymen. These are all modes of supporting party, suggested by the superior wisdom of the old Tory days. The proper majority must necessarily be ob- tained, and the manner of obtaining it was never thought of after the days of election. Everythingwasmadeto work in their favour. The polling-places were confined to one in each county — the time of receiving votes was shortened — re turning-officers were appointed by the Executive — oral voting insisted on, and the examination into the qualification conducted at the time — all served their ends, and of course the Ballot, striking at the foundations of their power, was not precisely what would suit them. According to the present Election I^avvs, no one is a voter in the counties without he has a freehold of the yearly value of 40s. sterling — been in possession, by conveyance, for a year, or had his deed registered in the county registering office upwards of three calendar months. Coming into possession at \:lkf'i liis production, ition. operation, and opolize all the own a jealousy ixiety concern- lepresentativos lact laws, they ire and remon- ;em, opportuni- if getting their [n the counties 1 of villany was lo would make ights — proclaim id retrenchment es of the Com- )olt any test put y allied to their a season, would without any at (f the banks, the ood, detraction, not unseldom >led, trials were large promises, is a black cata- ions, and fallen en. These are uperior wisdom cessarily be ob- lughtofafterthe ir favour. The y — the time of Were appointed lie examination ved their ends, of their power, lone is a voter i^early value of e, for a year, listering office possession at 143 marriage. or grant from the any time l)y devise, inheritance, Crown, gives an innnediute franchise. To discover fully the ini(iuity of those laws, j)articularly respecting the Crown giants, it is only necessary to have such Representatives of the Crown as Sir F. Ji. Head. On any occasion the (Tovernmcnt can fficial station I'he most to |>inion, and a ist this were jght but the uman M'eak- I our greatest Chatham, 153 Burke, and others, liavo been accused of unbending their integ- rity to the temptation. Even the martyr Sydney is related to have taken money from the French King. Were it possible to ascertain the motives of modern Statesmen, other inducements than the most honourable might be traced for inexcusable negligence and disgraceful misconduct. The Tories of Canada are remark- ably tender in the jyalm, and cannot counterfeit the honest indig- nation of Cassius when told of it. They will not scruple to yield and concede to the utmost extent, rather than give up the consi- deration. They would, if well paid, go further than Sir Robert Peel, and not only style themselves conformers, and conceders, but " cast about in their mind's-eye for a new state of political existence," to repeat what fell from them when Hagerman and Boulton were thrust out of office by the Earl of Ripon. They would declare for revolution, sell their King for a groat, submit to any power having the purse in possession, in fact, do every- thing but fight, and that they are not fond of, from experience in the last war. Money has formed and kept together the faction ; withdraw the attractive power, and you scatter them imme- diately. This mode of robbery by high salaries, &c. is more direct, but not less criminal, than obtaining lands under false pretences, and withholding from the control of Parliament the casual and terri- torial revenues. The Executive will never yield while the slightest chance remains of keeping the plundering system up. Their private pleasures and extravagance require a continual draught on the treasury, and the bribes, bully ings, and exertions of the whole official gang throughout the Province are found ne- cessary to keep up the show of a support. The Colonial Secretary has not denied such grievances, but with bland and conciliating words, his neglect to do anything betrays either treachery or incompetence. There are many other topics which might be dwelt upon, swelling the long list of grievances much further, such as the abstraction of all the post-office revenues, the existence of cr"el and unequal custom-house regulations, admitting the luxuries of the rich from foreign countries, and imposing a heavy duty on the necessaries of the poor. An unjust and unequal taxation, the delays and difficulties thrown in the way of public business, and many other tiresome details. One Tory vaunt deserves a short investigation. They boast that the taxes are generally light. In comparison with England this is true ; but considering the situation and circumstances of the country, the taxes are more, by two-thirds, than they ought to be. One of the States of the Union has no taxation whatsoever ; the expenses of the Govern- M ¥ I' i' w I 'i ' I i:i^ 154 ment being paid by the profits of a public bank, so that, in fact, by the accommodations afforded to mdustry a double inducement is offered to enterprise. The vacillating schemes of the Colonial Office are now under- stood by all classes. They are contemplated with an almost reckless indifference. They have been treated as if they had neither " sense to feel, nor spirit to resent." Let it once for all be impressed on the British public, ithat this may be among the last of Colonial remonstrances. It would be degrading to them were they capable of much further endurance. No good man can look for it, and the strife with the evil-disposed will be short and decisive. Chap. XV. 3ENERAL REVIEW OF UPPER CANADIAN MISRULE. 14 if { \ ; * * * " Patience ! whore's the distance throws Me back so far but I may boldly speak In right, though proud oppression will not hear me?" All the misfortunes that have befallen the country, can be traced to causes not within the direction or control of the Colo- nists. Power has been exercised with a high hand, without re- spect to opinion of any kind, nor has it been tempered with jus- tice and mercy. For all the good it has done the Canadas, the Government of England might as well have been under the Czar of Russia as the House of Hanover. The blame in nowise at- taches to the great majority of the nation, but to that portion who have managed to inflict the greatest injuries both at home and abroad, with a very small force. Only within the last ten years have the physical energies of the country been developed for the national advantage. After the death of Mr Fox, and the disper- sion of his faithful band of Liberals, Toryism held undisputed sway. Domestic peace was maintained by means of foreign wars. In inflicting chastisement on the Americans for former peccadilloes, and practising the amiable art of throat-cutting in . i^\{ s If ) that, in fact, le inducement re now under- ith an almost as if they had it once for all lay be among i degrading to ce. No good sposed will be ISRULE. ne?" jntry, can be of the Colo- d, without re- ered with jus- Canadas, the nder the Czar in nowise at- it portion who at home and ast ten years loped for the id the disper- undisputed s of foreign IS for former lat-cutting in 165 Europe and Asia, civil concerns received little or no attention. For thirty years, therefore, nothing more could be expected than that the Canadas should be left to the entire direction of their Governors. They were not &p much Colonies under the beneficent care of a home country, as petty empires swayed by Warren Hastings' on a small scale. Devoted to antiquated precedents, the successors of Mr Pitt endeavoured to improve upon his Colonial policy, by going back a few centuries, instead of proceeding onward. They could not stop at the times of Charles II and James II, when provinces were allowed to choose their own governors. Those Stuarts were by far too liberal and conciliating. The history of England offered better examples, when the country itself was a colony, under the Romans, and as it is supposed to have improved exceedingly at that time, their mode of parcelling out foreign possessions to gal- lant Generals, was adopted. Many a hero found snug quarters and good pay in the Canadas. Naturally enough, family relations were to be provided for first, the other candidates having to await their turn, or be made dependant on the establishments. In dis- patching them, doubtless, they were told, in classic phrase, to " go it Ned," — and sure enough they did " go it." The expect- ants of future profits in these delightful regions will find much trouble in levying their contributions, from the sheer poverty of the country. These old military campaigners were not to give up the rules of war so readily. Many a gallant foray was ridden over the Canadian preserves, by these " flowers of English land," and safe returns achieved, with the spoil so honourably won for their own use, or the benefit of those inheriting their honours and dominions. Many a lucky pounce was made on the Colqnial Treasury, and glittering trophies brought off as the reward of valour. At a later date, succeeded those of the same class — yclept the Provosts, Dalhousies, Maitlands, Aylmers, and Colbornes. The first had returned glutted, but often what had been come by so easily was not long retained ; and now they have passed into obscurity, but not their names or deeds. These are recollected by those who have long memories. As a peculiar instance of favour, a civilian, or if military, one of not much higher rank than the present valiant Major of the Baggage Waggons, was put in charge of Upper Canada. What particular service was done by Mr Francis Gore to recommend him to the profitable situation, we have no record to specify. He is said to have been a clerk in some office, but at all events he is now the steward to a private gentleman's estate. From this circumstance one would be led to believe the civil way of bleeding the Colonists not the most pros- 1. » V« Jll n i\ !' \ % } ri I i| : I ^ \\ Ji V 1 '.'l 1 • ' ' ' arbitrary state of tlie Government. He could not be met in argument, so plain and self-evident were his positions, and the people were not to be dissuaded from rendering every assistance to his humane intentions. None but underhand methods were taken to silence him, and complete his ruin. The same species of persecution assailed liim, under the semblance of law, as was suffered by the Muirs, the Geralds, the Tookes, the Leigh Hunts, the Montgomeries and Cobbetts, in Great Britain. Spies were sent in pursuit to catch something on which indictments might be founded. He had been singled out for ruin as an example to the other contumacious spirits, and the hell-hounds were paid to torture his language to suit their employers. For expressions used against the administration, moderate in comparison with the language of others, indictments were found by packed Grand Juries, and prosecutions were accumulated that no chance of escape might occur. He was thrown into dungeons, harassed by war- rants, and even personally assaulted and maltreated. Wherever his friends were allowed to put in bail, he was rescued from prison, but only to undergo still greater hardship in some other district.* In many cases the petty juries were far too honest to answer the purpose, and triumphantly acquitted him amidst the greatest applause. He was not a man to be intimidated by the dangers threatening him, but stood boldly forward and defended himself in the ablest manner. Notwithstanding this, and the weakness and falsehood of the charges, the perjury of informers at length succeeded in convincing a subservient jury of his seditious inten- tions, and he was at lejigth found guilty, and consigned to prison without hope of relief. fearful that an extensive emigration would increase the already powerful party against them, they were not content with impri- soning Mr Gourlay, but commenced getting up petitions against it, representing the plan as of a seditious and revolutionary ten- dency, and vilifying the persons engaged in the praiseworthy undertaking with the well-known set phrases of Toryism. The same arts and deceptiojis were resorted to, which have since been exposed, in supplying fictitious names, and those of mere children. * Tliis spirit of persecution has been conveyed from Upper Canada to other Colonies. \\'lthin the lust iialf year M. Duvernay, the able and spirited editor of ' La iMinerve,' has boon thrust info the dunj^cons at Montreal. The pre- sent Cliiei" Justice of Newfountlland, Boultou, at that time Maitland's Soli- citor-General, has been exercising his power on a patriotic editor, named Par- sons, for an alleged contempt on himself. He became, like Hagerman in Collins's case, a Judge in his own cause, and, without the interference or ver- dict of a jury, ordered him to a protracted imprisonment. This has been during the elevation of the present Ministry to power, but their intervention has never been attempted, although petitioned for. r d P t e b V d ^^ F b h P I " t- 3t be met in tlons, and the ery assistance nethotls were t same species >f law, as was Leigh Hunts, Spies were ents might be xample to the were paid to or expressions nparison with packed Grand lance of escape assed by war- d. Wherever ;d from prison, jther district.* to answer the t tlie greatest )y the dangers ■ended liimself the weakness ers at length ■ditious inten- ned to prison ise tlie already it with impri- dtions against [utionary ten- praiseworthy >ryism. The Ive since been lere children. Janada to other Ifl spirited editor Ireal, The pre- ^laitland's Soli- ^or, named Par- Hagennan in [•ference or ver- iThis has been kr intervention \. 159 The Liverpool and Castlereagh Administration were too glad of any excuse in refusing the co-operation of the Government to plans fraught with so much bcnent to both countries, to examine closely into the weight of parties. Yes, these very Tories, who have of late been so anxious to encourage Canada Company monopolies, and the whims of Sir Jo'iu Colborne to instil loyal feeling, were found, in 1818, exerting every nerve against the ruinous consecjuences of emigration, merely because Mr Gourlay and theLiberal party were its advocates. When, in 1831, a most inhuman expedient was umler discussion, of ridding home country parishes of the old and young paupers by sending them, in their nelpless condition, to the Canadas, and petitions were got up against it, as well on accoimt of the paupers themselves as an unjust bur- then on an already impoverished country, these unprincipled cha- racters made use of the circumstance to represent the Petitioners as opposed to emigration and to the British connexion. No doubt their catching at such straws had its influence with the Minister of the day, and exhibited them pure and immaculate in his estimation. Their consistency must have strengthened the loving bonds of attachment and intimacy, and possibly mutual congratulations were sent off by special messengers, at the dis- covery of so alarming a plot. Not content with petitioning against Emigration and the Re- formers, with a servile House of Assembly and the same descrip- tion of Council which now exists, they succeeded in getting a measure passed equal in atrocity to any Curfew law or Coercion bill ever ejiforced in England's or Ireland's darkest days. This act was correctly entitled the " Gagging Bill," and cannot bear a comparison, in point of liberality, with the vilest edicts of Russian or Turkish tyranny. As it is a brief specimen of the attacks on Canadian freedom, it is here inserted. AN ACT TO PREVENT CURTAIN MEETINGS WITHIN THE PROVINCE, " Whereas, the election or appointment of assemblies, purporting to represent the people, or any description of the people, under the pretence of deliberating upon matters of public concern, or of preparing or presenting petitions, complaints, remonstrances, and declarations, and other addresses to the King, or to both or either Houses of Parliament, for alteration of matters established by law, or redress of alleged grievances in Church or State, may be made use of to serve the ends of factious and seditious persons, to the violation of the public peace and manifest encouragement of riot, tumult, and disorder. It is hereby enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of th? Province of Upper Canada, That all such assemblies, committees or other bodies or persons, elected or otherwise constituted or appointed, shall be held and taken to be unlawful assemblies, and that all persons giving or publishing notice of the election to be made of such persons or delegates, or i f r I H % 'i\ s i ' » ' *ii- secutions dare not be attempted, initil finally the Act M'as repealed, and, much to the honour of the Assend)ly, none but Mr Chief Justice Robinson was found to vote against its repeal, although fear more than inclination contributed to such honour. The cry of " treason," " revolution," ike. was now found more f 162 ■1^. necessary than ever to frighten the timid and preserve the waver- ing ; but such could well be spared by the Reformers. Knowing the antipathy of English Tories to the neighbouring Republicans, the Oligarchy endeavoured to keep it alive by calling their oppo- nents not only Revolutionists, but "Yankee Revolutic 'lists;'* like the mob during the French war besetting an honest Turk, and, to make tlieir conduct more justifiable, calling him a bloody French Turk. This has been a good argument down to the pre- sent day, although at that time its force was rather diminished, n-om the recent close of the war, in which many had to mourn the death of relatives, and suffer from the destruction of property — circum- stances in no way tending to facilitate a junction of the countries. The cause must have been weak indeed to be put down by such a cry, and they were allowed to continue their slanders uncon- \tradicted. Every new return to tlie Assembly evinced the steady advance of Reform principles. On the death of one of the Members in 1822, his place M'as supplied by a Reformer, to whom all eyes were at once attracted by the power of his elocution, and the firm stand he made on the broad basis of civil and religious liberty. This was the Hon. Barnabas Ridwell, u name never to be men- tioned but M'ith respect and reverence. He had taken a noble part with Mr (xourlay in combating the persecutions of that un- fortunate gentleman, and brought into the House the same de- votedness to the cause of justice. No sooner did the country be- gin to show an appreciation of his exertions, than he was marked for the sacrifice. I'he Oligarchy saw in him a formidable op- ])onent, who was to be got rid of by any means. Will it be be- lieved that a special Act was j)assed, incapacitati) g him from holding a scat, in the same sjjirit that accon>plished the ruin of Mr Gourlay y Yet such was the case, notwithstanding the disturbance that Mas created by the first outrage. The alleged cause for the exj)ulsion was that ]\Ir Bidwell had at one time held office under the United States Government, but the true reason was well understood. He had been born a British sub- ject, was too young to take ..iy part in the American Revolution, but remained for a time in ,'lic Republic. His abilities soon j)ro- cured him an elevated stati()n in the Corgress; but owing to a vindictive hostility raised against him by his political opponents, he removed to Upper Canada in disgust, there only to meet a more annoying faction, led on by their fears of exposure and (lefeat. The Act of Exclusion was but a carrying out of those principles which required the support of a (nigging Bill. Even M'ere this gentleman an alien, M'hich he was not, how unlike was such cowardly treatment to the generosity of the United >' ^V 163 pve the waver- »rs. Knowing r Republicans, ng their oppo- evolutic lists;" honest Turk, r him a bloody wn to the pre- tninished, from ourn the deatli terty — circum- F the countries. down by such landers uncon- jteady advance le Members in whom all eyes n, and the firm ■ligious liberty, ver to be men- l taken a noble )ns of that un- the same de- lie country be- he was marked brmidable op- Will it be be- tii g him from ed the ruin of ;hstanding the The alleged at one time but the true I British sub- n Revolution, jities soon ])ro- lit owing to a pal opponents, tily to meet a [exposure and out of those Bill. Even how unlike the United . > States Government, who are happy to welcome foreign assist- ance, and, as in the case of the Hon. Mr Barbour and others, to exalt individual worth to all deserving honour. This foul slander of alien incompetence had been repelled, by one of the largest counties electing him, peopled almost entirely by U. E. Loyalists and their descendants.* Right, however, was never deemed a barrier to their designs so long as they possessed the power. This putting down of individuals did not serve to extinguish the spirit of opposition to bad government. New champions arose to wage uncompromising warfare, and backed by a vast superiority in numbers, and pleading a meritorious cause, Toryism found a difficulty in sustaining itself. Mr Bidvvell's son, who has since attained to great eminence as a legislator and jurist, was brought forward by his father's supporters, who natu- rally enough were indignant at the manner in which their choice had been derided. He was not to obtain a seat without difficulty. The returning officer contrived to give his adversary a majority at the first election. A protest was entered, however, and after distinguishing himself in an able defenceof his rights at the bar of the House, the return was set aside. Another election ensued, and the returning officer refused to receive any votes for Mr Bidw ell, on the ground of his being an alien. The return was again protested against, and the election set aside. Finally, the faction were obliged to allow a fair election, which resulted in Mr Bidwell's triumphant return, and since then he has continued one of the boldest and ablest advocates of popular rights, and been twice elevated to the Speakership of the Assembly. At the general * This great and good man has gone down to the grave without having witnessed, what occupied his fervent aspirations, an amelioration of Colonial institutions. When the hopes of all were depressed, and the means of dis- seminating information were few in the Province, he nobly came forward with his purse and assistance in the great cause of national education. His essays on agricultural subjects and political economy, published in various periodicals which he was the means of establishing, may well be compared with others more widely known. His sketches of Upper Canada form the chief attrac- tion of Mr Gourlay's statistical work, although the author has hitherto been unknown. His legal knowledge was considered far above that of any other man in the Province. With wit the most playful or poignant, as occasion de- manded ; a mind stored with ancient and modern classical literature and wis« dom ; habits of the greatest industry ; a deportment unaflcctcd, yet command- ing : and the most exemplary piety, untinctu'-ed with bigotry or intolerance, he has left a vacancy which time can scarce supply. Educated at Yale Col- lege during the time of the Revolution, his venerable Alma Plater, and other Colleges, laid their most distinguished honours at his feet. His life was doomed to be one of trouble and persecution, but his exalted spirit could never be bent or ruffled. His memory lives in his good deeds, and he needs no othef monument. 1 1 1 '/■* 164 ^iM .1 . ■# I 1 1 ■',. I election in 1824 many others were returned in opposition to tlie Oligarchy, and on several reform questions there was a decided majority against the faction. They were obliged in a short time to hit upon another expedient to preserve their ground. This was to insult and disfranchise one half the electors of some counties by an " Alien Bill," making aliens of those who had taken advantage of the various proclamations to enter and settle in the Province. Not satisfied with placing an interdiction on the liberty of speech and action, and sacrificing individuals to their resentment, a swoop was made to seize the property and very means of subsistence of those to whom the faith of the Govern- ment was pledged for protection ; who had received their titles and occupied their farms, for thirty years ; who had enjoyed the full privileges of subjects, and were such in every particular. There may have been two reasons for this plot ; one to set a memorable example of their vengeance — the other to distribute the confiscated property among themselves. The lawyers would also derive an advantage from the innumerable suits that would ensue respecting the titles to lands, &c. This criminal under- taking was well calculated to strike terror, but it was not that of despair. By the united exertions of the people the calamity was turned aside, and the Tories took nothing by the attempt ; but rever was their atrocious villainy more fully displayed. After this the House decidedly assumed a Reform character. During the agitation of tlie " Alien Bill," the ruin of indivi- duals was not allowed to merge in the impending general pro- scription. Their fears had led to the former |)rosecutions, and Mr W. L. Mackenzie, since so well known as the able and indefati- gable exposer of Colonial abuses, soon called their vengeance down on him. He had become the proprietor of a periodical, the • Colonial Advocate,' wherein the corruptionists were unmasked with very little ceremony or consideration. Suspicions that pro- secutions could not be maintained against him from the state of feel- ing in the country, and that they would only tend to increase his number of friends, a most cowardly and ruffianly attack was made upon the printing office during his absence at Niagara ; the press was destroyed, the type consigned to the Lake, and this, too, in broad day-light, and at the seat of Government. The mob con- sisted of the relatives and friends of Tories high in office, and the outrage was accompanied by the most brutal treatment of Mr Mackenzie's family, including his aged and infirm mother. The authorities took very little notice of the occurrence, and it is to be regretted that the temerity of *'«e assailants did not receive its punishment on the spot, at the h^nds of an indignant community. A jury were appealed to, and gave exemplary damages, to the )Osition to tlie was a decided n a short time ground. Tliis ectors of some liose who had liter and settle interdiction on individuals to property and of the Govern- ved their titles id enjoyed the ery particular. ; one to set a er to distribute lawyers would nits that would riminal under- it was not that 3 the calamity »y the attempt ; isplayed. After ;ter. ruin of indivi- y general pro- ions, and Mr and indefati- ngeance down eriodical, the ere unmasked ions that pro- le state of feel- o increase his ack was made ara ; the press d this, too, in The mob con- office, and the tment of Mr nother. The and it is to be ot receive its t community, ages, to the ■ u jr,5 no small discomhture of the Tories:, from Sir P. Maitland Aownx to the lowest menial employed in the political shambles. Well as they approved the outrage, yet their avarice prevented them contributing towards the damage, although attempts were made to raise a subscription, and the delinquents, with the terrors of the law hanging over them, were themselves obliged to make up the amount. The mere verdict on that occasion had no influence in preventing similar violence. They would have con- tinued to destroy presses to this day, gaining more by the sup- pression of truth and the prevention of free discussion, than they lost in damages, had not an obstacle stood in their way which there was danger in encountering. The bold stand taken by the liberal papers, and the speeches in the Assembly by the leading Reformers, had stirred up a spirit oi retributive justice which awed and intimidated them. Fearing to destroy by open violence, they forthv.'ith attemuted to muzzle the Press, through the in- ,strumentality of the odious laws of libel. Prosecution followed })rosecution, and where truth constitutes a libel, it is surprising low Mr Mackenzie escaped. But the country had become thoroughly aware of the conspiracies against their liberties, and no jury could be found to convict. The indomitable perse- verar ^r of Mr Mackenzie in defending himself, gave his prose- cutors nothing to boast of in the rencontres. He had all the laws and authorities at his finger ends, nor did Le fail to enter into all their swindling transactions with much more severity than had characterised his paper; a fruitful subject, on which, with Tully, he found it easier to commence than know where to end. Less difficulty was experienced in overcoming others against whom the same vexatious proceedings M'ere commenced. The principal sufferer M'as Francis Collins, whose case was before par- tially alluded to. He had lately come from Ireland with a small competency, which he invested in a press, and issued a paper entitled the ' Canadian Freeman.' Perceiving the very same practices prevailing in the Colony, which had caused his exile from his native land, with a justifiable indignation he commented on the ruinous policy of the Administration. He saw the same meshes prepared for himself and children, as in the corrupt and worn-out system in Ireland, and his feelings were too fervent and Irish for him to disguise his disapprobation. Sir P. Mait- land ordered him to be prosecuted, upon what grounds may be known from thef^ctof the trial being put off and the proceedings afterwards discontinued. The end was, nevertheless, answered, by their laying hold of much stronger language which he had made use of under the excitement of ill usage in the first case. By the aid of Mr Attorney-General Robinson and Judges .> i I (\ A \Y ! it f i m I i! 166 Hagerman and Sherwood, the verdict was brought in against him, and an "oppressive and unwarrantable sentence," (to use the language of a resolution of the House of Assembly) inflicted on him. He was thrust into prison. The whole history of this trial shows the desperate measures resorted to for intimidation. The case was taken up by the Assembly, and the Lieutenant- Governor addressed for his .elease ; but although he could reprieve certain Orango rioters at. once, poor Collins was denied any mercy, until, by a representation to the King, he was at length relieved; but, like Mr Gourlay, ruined in fortune, with a broken-down constitution, which soon consigned him to the grave in the flower of manhood. His helpless family yet feel the dreadful consequences of his sacrifice. Although Collins fell beneath the ire of Sir P. Maitland, he was scarcely put in safe keeping before the term of his persecutor's Administration was brought to a close The Executive aggressions had become so frequent and overhearing as to arouse the attention of even a Tory Ministry. What led immediately to his recall, was the trespass of an armed force on the property of a Mr Forsyth, at the Niagara Falls, and their having thrown over the precipice one of his buildings, on a plea that the land belonged to the Crown. The process by law was too slow for redress, and his military habits would not sub- mitto contradiction. Here again the House of Assembly interfered, and it being necessary to have the evidence of certain officers, they were denied the liberty of appearing before the Assembly, and were in consequence apprehended and imprisoned for a contempt of the authority of Parliament. So far did they carry their reluctance to give evidence, that the Serjeant-at-Arms was com- pelled to enter by force the house where they had barricaded themselves. The who'e proceedings were laid before his Majesty ; Mr Forsyth's claim for redress was acknowledged, but to the present time his damages have never been awarded him. Sir P. Maitland was censured by Sir George Murray, and shortly afterwards recalled. Previous to this, Robert Randall, Esq., for many years a patriotic "^ lember of the Assembly, and agent of the people to Eng- land, in 1825 against the Alien Bill, fell under the proscription. Possessing ample estates on the Niagara frontier and on the Ottawa, embracing valuable mill privileges, they were juggled out of his hands by the formality of law, and he was left bank- rupt and pennyless, and soon closed his days in sorrow. Captain Matthews, a gallant veteran of the Peninsula and Waterloo, was another who fell by the dire plots formed against him. He also was a Member of the Asiembly on the popular side, and would not receive "new light" at the beck of the *^_ ■(\ in against him, ," (to use the y) inflicted on liistory of this r intimidation. e Lieutenant- igh he could ns was denied ig, he was at ortune, with a n to the grave el the dreadful fU beneath the teeping before brought to a ) frequent and ory Ministry. s of an armed :ara Falls, and luildings, on a )rocess by law ould not sub- ibly interfered, 1 officers, they Usembly, and or a contempt carry their rms was com- barricaded before his wledged, but iwarded him. Murray, and any years a ople to Eng- sroscription. and on the 'ere juggled IS left bank- iw. ninsula and med against the popular beck of the id 167 morose military despot. Spies were set upon all his actions, to obtain a pretence of robbing liim of his half-pay, so honourably earned by a long period of active service. One of the spies declared he had heard him call for the national air of the United States, " Yankee doodle," at a play in the metropolis ; and for this he was deprived of his half-pay, and only obtained its con- tinuance on the condition of repairing immediately to England. Hither he came, to encounter his enemies and seek redress for his injuries, and his mutilated frame did not long withstand the effort. He never returned, and the Province was deprived of his resolute and noble services to gratify the malignity of a secret cabal of cowardly miscreants in Toronto. Mr Justice Willis, who had been elevated from the English bar to a vacant .ludgeship, was another sufferer. He came into the Province determined on not intefering in the local politics ; but the Executive well knew the star-chamber could not be kept up without the obsequious Jefferies, and refusing to take part with them, he Avas presumed to be in opposition, and this was the signal for his being put out of the way. There are but three Judges in the King's Bench who preside at Term, and at this time the Chief Justice Campbell was absent, seeking a Knight- hood in England. Mr Willis found he could not legally sit without the presence of the presiding Judge, as there was no one to decide in case of a difference of opinion between him and his brother Justice. This was made known to Sir P. Maitland, and so favourable an opportunity of removing him was not to be lost. He was accordingly cashiered, and the notorious Mr Hagerman appointed pio tempore in his stead, who was at the moment dis- charging the onerous and important duties of an Officer of the Customs at Kingston ! An appeal was made to England by Mr Willis, and the course he had taken could not be objected to, but Sir P. Maitland had forbid his reinstatement in the Colony, and another office was provided for him in Demarara ; but he can tell a tale connected with the present subject, of no slight interest and importance. The Chief Justice shortly afterwards returned as Sir William Campbell, and resigned, to make way for the election of Mr Attorney-General Robinson, of Gagging and Alien Bill notoriety. The poor exciseman of Kingston, Hager- man, was sup':'rseded by a Mr. M'Aulay, a Barrister of six years standing ! and was rejoiced to accept the humbler office of Soli- citor-General, which he at present holds.* • The Whigs have been too neglectful of this gentleman's astonishing merits. But he keeps good courage, and, as the back-stairs advisor of Sir F. B. Head, expects promotion to the Bench very shortly. His decisions, when formerly in the office,give him peculiai* claims on the Government, and it is to be \ (II ii Ih H ■) I 168 Tlie House of Assembly again interfered in behalf of Judge Willis, but his upright and honest course precluded the possi- bility of liis return to the Province. Sir P. Maitland, as usual, before and since, busied himself in secretly libelling and eahunniating the friends of equal justice. His dispatch to Sir George Murray has since been obtained, M'herein he speaks of the Assembly's Report as being drawn up in "terms which gratify the malice of an individual or ansxcer the temporary pvrpose of an unprincipled faction^ In thus venting his spleen in a secret and cowardly manner, no doubt his rialignify Mas gratified according to the prevailing laws of houf r ; but the custom has become so universal since the days of ^ kl ; '-on, as now to excite little surprise. At length Sir Pv griie was recalled, and he departed with the hearty detestation of ai lasses, who anticipated a close to the reign of terror at his removal. Some of the most prominent of his acts have been recorded, but the system had its ramifications extended far and wide, fur- nishing innumerable instances of ruthless and barbarous Go/ern- ment, were there any necessity of noticing them. That country would be degraded indeed not to be aroused by such displays of arbitrary power, and the Cauadiaiis continue to dwell on that period in their history with that intensity which a long course of conciliation alone can mitigate. Whether they have had reason to rejoice in the change of one Commander for another, will be ascertained by an examination. SIR JOHN COLBORNE S ADMINISTRATION. Sir John arrived in the autumn of 1828, and assumed the reigns of Government under the most favourable auspices. The Colonists believed, from the removal of Sir P. Maitland, that the British Government had a desire to do them justice, and when Sir John protested that all real grievances must and should be redressed, his avowal was hailed as the omen of better times. The new incumbent was a brave old soldier, but he was no statesman, and a perfect novice in the science of properly admi- nistering civil affairs. A new general election had just taken place at his arrival, and a sweeping majority of Reformers was returned, who chose Mr Bidwell as their Speaker. Never was there a better opportunity presented for wholesome J^egislation than at this moment, had the Council been at all fitted for a due per- hoped lie was no false prophet when he boldly stated in the Assembly that his " snn was still in the ascendant." His appointment will give great faction. alf of Judge id the possi- ;d himself in iqual justice. ?n obtained, seing drawn I individual led faction." • manner, no e prevailing liversal since urprise. At ed with the close to the en recorded, id wide, fur- ous Go/ern- rhat country h displays of well on that ng course of had reason her, will be assumed the (ices. The |nd, that the ;, and when should be itter times. |he was no ►erly admi- Itaken place returned, [as there a »n than at [a due per- ssembly that give great 169 formance of its duties, and the new Governor shown himself, what he professed to be, a Reformer. The Oligarchy were upon the point of being broken up, but long experience had increased their cunning and knavish resources, and efforts were immediately made to detach Sir John from the Reform party. An outrage of the most ludicrous nature was perpetrated, to offend his military pride and have the blame laid upon the Liberals. His effigy was hung up with an offensive label stuck to it, and notwithstanding the impossibility of any Reformer being connected with the outrage, from their having unlimited con- fidence in the new Governor, and notwithstanding an enquiry traced it home to the Tories, Sir John foolishly laid the insult on the wrong party, and the trick succeeded. Added to this, he was a faithful member of the Church of England, and t dispute regarding the Clergy Reserves raging high at the tini?, 1; pre- ])ossessions in favour of its exclusive claims and the iCceiHSicy of its connexion with the State, placed him in direct opposition to the Assembly. The breach was widened as the advice of the Oligarchy came more to be relitnl on, until the countrj ceased to expect aught at his hands. From his isolated po' *ion he could know nothing of the true opinions of the peopk, and with an irresponsible Executive Council, under the arch direction of Dr Strachan, he could not transact the ordinary business without their direction. Reform was now entirely out of the question, and Maitland's detestable policy renewed. Reform had not then become triumphant in England, and every measure sought for by the country was deemed an innovation on the established order of things too dangerous for adoption. This belief was en- couraged by the monopolists and speculators around him, and a stranger to the customs and habits of the Canadians, he could be said to rule only in name. He was blameable in thus becoming accessory to the schemes of others, but the chief blame rests with the Home Government, who transferred him from the sphere in which he was educated, to one where his incompetence could be no otherwise than painful to himself and disastrous to the country. All attempts at useful Legislation were found abortive by the Assembly, and the people became careless and despairing. They saw no benefit in a Constitution precluding the correction of abuses and preventing progressive improvement. Reliance on the Home Government had not been entirely lost. Nothing, however, was done for remedying the evil, and their petitions, instead of obtaining bread, were put off with a stone. Several Orange riots occurred soon after his arrival, in some of which certain Justices of the Peace were involved. Sir John ;l ' I" ^^ 170 'il' ,\ m i ■ mi \ f( (( was petitioned for their removal, but in vain. A few of the ring- leaders had been convicted and imprisoned, but they were soon afterwards relcEised, thus holding out absolution from the terrors of the feebly enforced laws to all future disturbers of the peace. These men were pardoned; but when the Assembly requested him to interfere in the case of Francis Collins, he replied very cavalierly — " I regret exceedingly that the House of Assembly " should have made an application to me, which the obligation *' I am under to support the laws, and my duty to society, forbid '* me, I think, to comply with." To this the House replied with becoming spirit, that " The imputation which this House *' apprehends to be conveyed by his Excellency's message that " they are not equally anxious and industrious for the same " ^reat ends, is neither justified by their conduct since his Ex- " cellency assumed the Government, nor is it what they had reason to expect, and in future hope to receive, in all commu- nications from his Excellency to this branch of the Legisla- "-ture." No reasonable doubt remained that he had thrown himself in the arms of the Oligarchy, and his subsequent acts fully proved this to have been the case. At the death of the pious and virtuous George the Fourth, in 1830, a dissolution took place, and a new election was ordered immediately. The country was taken by surprise, and being indifferent to the exercise of the franchise while that monstrous impediment, the Legislative Council, remained, to render abor- tive all the efforts of the Assembly, the Tories once more obtained a majority by means of Patent Deeds and the Borough system. Still this would not have been the case had not many who mounted the hustings as sterling Reformers, re- ceived " new light," and bowed the servile knee to Toryism, almost upon taking their seats. Treason to the people has not yet been made an indictable offence, but on the contrary, fashion favours and smiles upon it. So long as it serves the ends of op- pression, nothing can be more harmless and inoffensive. The cool depravity which has imposed so frequently on the people of England, will prevent any astonishment that the Canadians should likewise have suffered. The Tories were no sooner certain of their majority than they revived their old practices. Mr M'Kenzie had been chosen at the two last elections to represent the populous county of York. Both in and out of the House he was a great annoyance to them. Their libel actions had failed to immure him in a dungeon — they dare not again destroy his press — but now they had another mode of inflicting punishment. Laying hold of some of his animad- versions on their proceedings, a motion was made for his expul- 4 » of the ring- r were soon the terrors the peace. ( requested ^pliecl very f Assembly } obligation iety, forbid use replied this House lessage that r the same ice his Ex- t they had all coram u- he Legisla- lad thrown equent acts Fourth, in as ordered and being monstrous nder abor- snce more and the case had jrmers, re- Toryism, has not ry, fashion nds of op- ive. The people of ans should than they chosen at of York, e to them, eon — they ther mode animad- ms expul- le 171 «on, which was finally carried. His constituents again returned him almost unanimously. Again he was thrust out, and declared incapacitated from sitting after such expulsion. Six different times was he expelled and as often returned to the House, often without opposition ; but not until the Tory House was itself dis- missed by the country were his rights acknowledged, and the franchise of the York electors respected. The first expulsion was unjust, and the succeeding ones clearly illegal and uncon- stitutional. The erasure of the proceedings from the Journals in Wilks's case had no eifect in deterring the Canadian Tories from pursuing their cherished revenge, 'i he country was thrown into the utmost excitement by these proceedings. Immense crowds of the electors accompanied Mr M'Kenzie to the House, and were only prevented by his exhortations, and the persuasion of the Reform Members, from taking summary vengeance on the Tories, and dispersing them in the true Cromwellian style. On one occasion they were obliged to rush in a body to barricade the doors with benches, &c. to prevent the crowd bursting them in, and the consternation of the faction drove them to humiliating beseechings for peace. Tranquillity was finally restored, but when the indignant electors had returned to their homes, the same vexatious course was continued. Had it not been for the interference of the leading Reformers, there is no saying where this violence would have ended. The whole Province was equally excited with the county of York, and all might have been in a blaze from this spark. The majority in this Assembly by no means confined them- selves to illegally disfranchising the county of York. Several of the most iniquitous measures were passed, increasing the official patronage, enlarging the powers of the petty officials, extending the jurisdiction, and increasing the expenses of the local courts, adding to the national debt, squandering the public treasury, and striving, to the utmost of their power, to maintain the same system which had already impeded the growth and prosperity of the Province. It was during this Parliament that the famous, or rather infa- mous, bargain was made for a permanent civil list. The Re- formers were then in power in England, and the Canadians naturally expected there would be no hesitation in restoring to them the casual and territorial revenues, amounting annually to near one hundred thousand pounds, which had been seized by the Tories. As before-stated, the Colonial Secretary proposed to give it up on a provision being made for the civil list during seven years, or the life of the present Kin^. Sir John obtained an everlasting Salary Bill from the obsequious Assembly, chiefly I ■h i'i I 172 I 111 )i < > through the instninientjility of tho Attorney and Solicitor-Gene- ral, who were themselves provided for, and he wrote to the Colonial Secretary that ho had made a better bargain, &c. upon which the revenue was refused to be given up, and remains at this time entirely under the Executive control, to be squandered in any way thought proper. Sir John thought, perhaps, to keep the matter secret, and it were well for his own character, and the reputation of the Whig Government, had it so been kept ; but, like Jill their otlier doings, it was brought to light in time, and served not a little to engender bad blood and increase the already alarming excitement. His whims on the subject of Emigration, in the furtherance of which much money was ex- E ended, proved the absurdity into which ignorance could lead im ; and by the impediments thrown in the way of settlement, and the favouritism predominating in the choice of agents, thou- sands of those intending to locate in the Province continued on to the United States, and, as may well be supposed, never returned. During the wiiole term of his Administration, marked insults were suftered by all the religious congregations opposed to the exclusive claims of the Episcopal Church, and before his depar- ture large portions of the reserves were set apart in Rectories and Rectors put in possession. This was the climax to every thing else, and the patience of the country was completely exhausted. When, in 1834, a general election took place, a sweep- ing majority of Reformers was returned, and they again chose Mr Bidweli their Speaker. The Council once more set themselves in opposition, and would entertain nothing of a liberal nature. Attempts were made to conciliate them, but all was useless. The Assembly thereupon became almost impetuous to the King for redress. A change in the Constitution was earnestly, but with the most marked respect, prayed for. The fullest documentary evidence was sent, showing its necessity, but neglect and insult has been their reward. True, Sir John Colborne was removed, but in his stead a person appeared, inferior in point of informa- tion and intellect, immeasurably below him in honour and honesty; one who has degraded the dignity, so rashly, I had almost said villanously, conferred on him, and stirred up a dangerous feeling injurious to that connexion, so capable of becoming beneficial to both countries. This man is Sir Francis Bond Head, M'hose short administration comes next under review. It is difficult to conduct an investigation quietly where so much knavery is to be exposed, but were there ever an occasion "o justify passion and the display of feeling wrought into forgetfulness of all save the wrong and the retribution, the present is one. 4 i citor-Gcnc- ■ote to the [1, &c. upon remains at squandered t, perhaps, 1 character, it so been to light in tid increase e subject of By was ex- could lead settlement, ents, thou- intinued on sed, never ked insults )sed to the his depar- i Rectories c to every completely e, a sweep- ^ain choice themselves ral nature. is useless. the Kinff (i but with nimentary and insult removed, ' informa- l honesty; most said us feeling neficial to id, whose lifiicult to ^ery is to y passion all save 173 sill FRANCIS BOND IIV.AD's ADMINISTU ATI«>N. When Sir John Colborne received his appointment in 1828, a Tory Administration were in power, and his conduct may be justified on the ground that he was deputed to carry out their principles of Government, and none other. At the accession of the Whigs they did not seem to think the North American Colo- nies any part of the British Empire over which they had control, and for a length of time the old Governors reigned supreme as ever. The complaints of the Canadians were disregarcfed, inas- much as they could not effect the stability of their offices here, and excited very little attention in any quarter. At length, by the perseverance of Mr Roebuck and Mr Hume, they were driven to do something for the sake of appearances, and Lord Aylmer was in the first place dispossessed of Lower Canada. The fact of his being removed gave promise that a successor would be ap- pointed, with instructions to pursue a different policy. Such was not the case. The Earl of Gosford was made Governor in Chief, chosen on account of his good-nature and affable habits, not for the purpose of doing something, but to lull into security and excite hopes never to be realized, while doing nothing. An old 'P c<:_ r^i 1 n i. i.i i^i. _ /-<_„._•_ ^ct?.^- mission is at an end ,• Sir Charles Grey has returned— " Parturiiint montes, nascitur ridiculiis raus." — The Commission was sent out to prepare an excuse for doing nothing, and, from the description of persons sent, no doubt re- mains that they have prepared something which will serve the purpose. Should anything liberal be produced by such a man as Sir Charles Grey, it may be counted an anomaly in politics. It would disappoint the Whigs, because it M^as not for that he was sent. As a part of the same policy. Sir John Colborne was removed from Upper Canada, and a "juvenile Whig," in the person of Sir Francis bond Head, installed in his place. He arrived not quite a twelvemonth ago, and although he had never been heard of before, he was supposed to be one of those gifted genii whose modest merit the world are tardy iu acknowledging, and therefore much was expected from him. Since his true character has been fully made known, conjecture has in vain attempted to solve the mystery how he came to be appointed. Many trace ■J \i ■3 '»/ 174 < t •^ t ,1 ' II i ^1" « it to the service rendered the Miiiistiy in his avocation as an as- sistant Poor Law Commissioner. Others, knowing the fame the Colonial Secretary has obtained as an experienced sleeper, give the credit to the soporific qualities of his literary undertakings. Some pretend to believe in p sinister influence at Court, to which he is indebted for the honour, while those are found laying the appoint- ment on the shoulders of the Canada Company. Sir Francis has himself incn ased the difficulty of unriddling the puzzle by stating that he was personal/^ unknown to all the Ministry, and even to his Majesty himself. However this may be, the appoint- ment was made, and constitutes an epoch in the history of Upper Canada. As a peculiar concession on the part of the Ministry, deserving particular record, when there are so few to be noticed, the complaints of the Colonists against a military despotism were upon the true " Doctrinaire " principle partially regarded, by substituting for a I-,ieutenant-General in the army a Major of the >vaggon-train. It would be unsafe to yield the point entirely, and Something half-way was hit upon. This was an overpower- ing eftbrt in the cause of Reform. How long Lord Glenelg rested from his labours, after such a stupendous and Herculean task, matters little, he having, it is confidently asserted, quite recovered his ordinary health. A Tory Member of the As- sembly congratulated the waggon-train that its prospects were looking up, for M'ant of other cause of congratulation to his frier; dd, amidst the sanguine hopes and anticipations of the tri- umphant Liberal party. Sir Francis set foot on Canadian shore at Niagara, and imme- diately proceeded to the seat of Government. He was very soon met by a deputation, with an address of congratulation on his ar- rival, t(/ which he returned a most gracious reply, and thanked them for their " loyalty." The Legislature M'ere in session when he arrived in Toronto, and when Sir John yielded up the autho- rity into his hands, a new era was joyfully supposed to have com- menced. Those M'lio had looked with sincere and heartfelt exultation at the triumph of the Reform Rill, and the elevation of reformers to power, hailed the arrival of the first Whig Governor M'ith every demonstration of satisfaction. Addresses poured into the Government Office from every district, and the Representa- tives of the -people, with more than common alacrity, offered the tribute of their respect. Instead of making known the authority with which he was vested in the usual manner by a message, Sir Francis came down to the Council Chamber, and summoning the Assembly before him, delivered a short and very foolish speech, displaying anything but dignity and sound sense. After making known his authority, and stating he had something to lay 175 on as an as- he fame the )er, give the [igs. Some which he is theappoint- Francis has puzzle by [inistry, and ;he appoint- ry of Upper e Ministry, be noticed, ' despotism y regarded, a Major of int entirely, overpower- rd Glenelg Herculean jrted, quite of the As- spects were tion to his of the tri- and imme- very soon on his ar- d thanked ssion when the autho- have com- heartfelt ilevation of Governor oured into epresenta- jff'ered the authority ssage, Sir imnioning ry foolish nse. After ling to lay 1 I before tliem, he proceeded :— " This communication I shall submit ** to you in a message, which will at once inform you of the diffi- " cult and most important duties about to devolve upon me as " well as yourselves." " As regards myself, I have nothing either to promise or pro' ^^fess ; but I trust I shall not call in vain upon you to give me that " ior/nl, couditutional, unbiassed^ and fearless assistance which " your King expects, and which the rising interests of your " coimtry require." This harangue excited some merriment at the time, particu- larly his dogged refusal to promise or profess any thing, and the pomposity of stringing together so many unconscionably long- winded adjectives before the pregnant word "assistance." These, however, were considered quite innocent in a reputed author, and indeed Sir John Colborne's language permitted interpretation by the rule of negatives, he having promised and professed every thing at his arrival, and done nothing — so Sir Francis was thought on the point of doing every thing without indulging himself in any rash boastings. The word " loyalty," thrust into almost every docu- ment from the Government ()ffice, betrayed certain suspicions on his part, which our glorious Reform Monarch would have dis- dained entertaining, after so many occasions on which it had been evinced, but this was considered a weakness natural enough in his noviciate. His appearance was in equally bad taste ; decked oflf in an unknown uniform, surmounted by an uncommon quantity of gilt frippery, and buttoned in a fierce style under the chin ; an immense field officer's cocked hat, with an unusual quantity of feathers, giving an undue top-heavy proj)ortion to his diminutive frame ; he reminded one of the gallant Peter Stuyve- sant, the puissant Governor of New Amsterdam, when returning from the valorous onslaught in the trenches of New Sweden. This studied military dandyism was anything but tasteful in the eyes of those ^ho had sufi'erod under it so long, and the rank of the new comer offered no excuse for the preference of tawdry finery over the more simple vestments of a Civil (Jovernor and Gentleman. Such observations could be made by an idle spec- tator, bent on judging something of character by ai)pearances, but he met ^ith the most studied resjiect from all i)arties. The House of Assembly, jealous of their privileges, could not fail to institute an inquiry into the novel mode taken to commu- nicate information, by which they had a second time in one ses- sion been summoned to hear an opei;ing speech from the throne; but finding one ])recedent in the whole experience of the House of Commons, it gave i)erfect satisfaction. The Tories, who were dreadfully frightened at the Reform as'pect of affairs, had the cir- I, I ji* ,ji/ jftk_ 176 yi \ I : i I /' i> a p cumstance conveyed to Sir Francis' ear, as an insult to himself, wlien it was a simple investigation tc know if the freedom of Par- liamentary inquiry and debate had been aftected in any manner. Subsequent experience leads to the belief that his mind was im- pressed against the majority by the circumstance, and nothing can surely indicate infirmity of intellect more. A reply was made to his short speech, equally brief and con- ciliating, and to establish the fact of their sincere desire of co- operation, and to show their reiteration of their demand for the " elective institutioits," made at the commencement of the session, it is here given: — Mai/ it please yotir Excellency : We, his Majesty's dutiful and loyal subjects, the Commons of Upper Canada, in Provincial Parliament assembled, thank Your Excellency for your Speech from the Throne. We congratulate Your Excellency on your safe arrival among us, and on your assuming the government of this Province, and we have sincerely parti- cipated the anxious feelings and expectations of the people upon an event which they have been disposed to regard as happy and auspicious. The jftst and reasonable wishes uf the people have already been deliberately and solemnly expressed in the answer of this House to the Speech delivered from the Throne at the opening of the present Session ; and Your Excellency may rely upon our loyal, constitutional, luibiassed and tearless assistance, ex- pected by our King and reciiiired by the rising interests of our country, in the pursuit of those measures necessary for our peace, welfare, and yood govern- ment. We shall be most hapjjy U) receive, antl shall ever most respectfully and carefully consider, any messages from Your Excellency, with whose adminis- tration we sincerely desire cordially to co-operate. Marshall S. Bidweli-, Speaker. Commons House of Assembly, •^8th January, 1830. Singularly enough, every Tory in the House voted for this Ad- dress except one, although they had set themselves strongly in opposition to the " elective institutions " not a fortnight before. Were any evidence wanting, this affords good proof that the) are as ready at conforming, wiien they deem their reign at an end, as they are dogmatical and unyielding during its con- tinuance. In rejoinder to this reply, his Excellency again informed the House that he " looked with confidence towards the future for " the continuance of their /oyw/ support ;" and he again referred to the " ar«luous and important duties " in which they were pre- sently to be engaged. The dispatch of the Colonial Secretary soon afterwards came down, in which the " Griev.ince Report" was acknowledged as the deliberate opinions of the people, but instead of grappling at f! K to himself, lom of Par- ly manner, id wasim- id nothing and con- ;sire of eo- nd for the the session, s of Upper >ncy tor your ^ us, and on icerely parti- >on an event 3. The just Serately and jlivered from ■ Excellency ssistance, ex- tuntry, in the ijood govern- lectfully and ose pdniinis- eaker. \v this Ad- itrongly in |ht before. tliat thojr reign at ig its con- )rmed the Future for \\ referred ^ere pre- Lrds came Hedged as Ipphng at 177 once with the long-standing abuses, instructions were given only to the remedying of minor evils, while the great and vital ques- tions were expertly evaded. The quibbling and special jdeading of the crafty lawyer, Mr Stephen, wer« palpable in every Hue'. Never was there a more insulting aiul dishonest di:patch issued from that office, where there has been enough of bad statesman- ship to ruin countries much farther advanced than the Canadas. As a matter of curiosity, it will be well to refer briefly to some of U; paragraphs. On the question of ;i locally responsible Goverinnent Council, they were told there was a " practical responsibiliti/ to the King and Imperial Parliament." Now this is utterly anil totally false. Forty years' experience has proved it. Petitions for Reform for the last twelve years, emanating from the House of Assembly, or signed by thousands of the inhabitants, give it the lie ; im- peachments of Dalhousie, Aylmer, and latterly of Head, [)rove the taunting mendacity of the assertion, while the immense dis- tance between the countries, the impossibility of quick commu- nication, and the trifling interest excited by Colonial abuses dur- ing the all-engrosshig political discussions at home, convince every man of sense that it is not, and can never be, the fact. As if to give a direct contradiction to himself, and challenge the Lieutenant-Governor to acts of hostility and aggression. Lord Glenelg is afterwards made to say to him — " In any representa- " tions upon the subject of your official misconduct, you will *' have the highest possible claim to a favourable construction." Subsequent events have shown to what lengths this exemption has encouraged the person addressed to venture. On the subject of an Elective Legislative Council, the writer of the dispatch says he is relieved from any investigation of it by the instructions given to the Commissioners sent out to Lower, not Upper Canada. This, no doubt, he thought very consola- tory ; but at the least it was a petty evasion of an all-absorbing question, and shows an inability to oifer any other opposition as to its merits. In the end the Colonists are told that the evidence of the Ministers having an " earnesc desire" for the redress of grievances, would be found in the fact of a long dispatch hav- ing been written. Why, it may be an evidence of great conde- scension in the eyes of my Lord Glenelg, and be deemed by him a suflieient discharge of his important duties ; but the contempti- ble and trashy document was not viewed in the same light by the people of Canada, and it is doubtful whether the nation, who maintain him in the office, not certainly as a dictator and super- cilious prevaricator, will exonerate him on such grounds. The public are not at this day to put up with 'nere vague expressions M -1^ f i 178 ' ( I' I 4 of Hktme little Jesire to do, when the exigency requiir : sometti'»'.g lo be done, and that quickly. The Colonial Secretary told Sir Francis that he was chosen •* at an era of more difficulty and importance than any which has " hitherto occurred in the history of that part of his Majesty's do- *' minions." This is all very true — and does he think to get past that era, the natural result of half a century's misgovernment, by the most insignificani; and contemptible policy? Does he think mere words on his own part, no matter how pompously and con- descendingly multiplied, together with an abandoned course on the part of Sir Francis }3. Head, which the most detestable Tory Governors have never equalled — does he think these capable of allaying excitement, and silencing the loud voice of popular com- plaint? Yes, he holds such opinions; but in one short year that era has merged into a crisis, and the crisis must lead to some- thing more, which, if the Colonial Secretary can contemplate with complacency, the friends of good government can encounter without apprehension. In the same dispatch Sir Francis is told that on all questions the most deeply affecting them, the Canadians and their liepre*^ sentatives have ever " exhibited a studious respect for th"; person " and authority of their Sovereign." This is somethinf very new, and well worth transmitting 1,000 miles! Most crueliy and fraudulently have they been requited for such studious respect by the successive servants of the Crown, should ha/e been the conclusion of the sentence. In another sentence it is stated that they have ever evinced " a zealous attachment to the principles " of their balanced constitution." This contains two misstate- ments, proceeding either from inex "^^able ignorance, or from another cause ofadiffereiit nature. . 'he first ])lace, the Legis- lative Council never were, are not, an 1 uc/er can be, a " balance," for any good or honest purposes : and in the very Grievance Re- port which it was pretended had been carefully consulted, and was given to Sir Francis as a guide book, the Assembly, in several particulars, most earnestly and explicitly complain of the Constitution. They could do no otherwise in condemning the enormous Church a])propriation, and the vicious body called a Legislative Council. Such a continued reiteration of fallacies by the author of the dispatch would be pitiable, were it not highly reprehensible. This doctrine of "balances" has become abso- lutely nauseating, and the " studious respect" has been confined entirely t) the person of KingM^ilHam the Fourth, and can only be made applicable to himself, by a Minister capable of even se/J^- decv^ption, and willing ^o expect a return of good, for inflicting an ir, -nity o*''5vil. : I > ■r I oxneth''«.g; IS chosen which has esty's do- o get past rernment, s he think and con- course on able Tory capable of )ular corn- year that to some- )ntemplate encounter questiojis eir Kevte- th"! person ;hinp very ;rue!iy and HIS respect been the stated tiiat principles misstate- e, or from the Legis- ' balance," vance Re- ilted, and liembly, in ain of the nning the called a dlacies by not highly onie abso- n confined d can only even self- inilicting 179 ^ It has been elsewh?r«? nsserted, and it is no doubt true, that Sir Francis B. Head came into the Province determined on being a Reformer, however new the occupation miirht he to him, and of satisfying the people to the utmost of his power. He showed he wished to withhold nothing by letting out the instructions given to Lord Gosford concerning affairs in Lower Canada, which almost at that very moment Sir George Grey was refusing to Mr Roebuck in the House of Commons, on grounds of some very mysterious State policy. This exposure completelv unmasked the hypocritical Secretary and Commissioners, and Sir Francis deserves every credit for making it. He further named three able men in the popular cause as Executive Councillors.* He also made four honest appointments for conducting the Leeds elec- tion. He moreover seemed extremely anxious for private infor- mation from the leading Reformers, and betrayed a laudable anxiety to allay party feeling, and conciliate ail for ihe public good. Three short weeks, however, served to dispel such illu- sory notions from his mind. The Tories soon recovered from their consternation, when they obtained more insight into the character and predilections of this hitherto flaming Reformer, They swarmed around him with the same sycophantic and adu- latory submission, which they had been accustomed to pay to Sir John Colborne and Sir P. Maitland. This was more pleas- ing to the vanity of his Excellency than the independent though respectful bearing of the representatives of the people. Finding himself uncomfortable in his new character, Sir Francis soon put off all show of liberality, and determined to see the worst with the Tory faction. He dismissed the Liberal Execvitive Council, and made choice of four others who would second his views, all of whom were Tories of the passive obedience school. VV^ith their aid he found he could, by means of patent deeds, control everv constituency in the Province, should an opportunity offer of quarrelling \ th the House of Assembly. He knew he had the Orange faction to bully and riot ; the petty officials throughout the whole Province were in his interest ; the casual and territorial revenue was under his control, for purposes of bribery and corruption. All this he knew, and with the cool calculating spirit which might be ex- pected in a South American adveufurer, he abandoned the course on which he had first set out, and commenced his reign of insult an' tyranny. His naturally vain and arrogant disposi- tion in a measure led him to this course; but he also saw that the pro/i^— the pecuniary harvest — was only to be reaped on one side. * Vide Clj»p. I, on the Executive Council. 1 'I' ' J k i. > V ;i 180 What the Reformers chiefly desired was economy and retrench- ment ; but this would interfere with his views. The Tories, on the other hand, desired nothing of the kind, and there would be mutual forbearance in dividing the spoils. In the anticipation of being able to co-operate with Sir Francis, the Assembly at first anxiously looked for the distinct plans, in the furtherance of which they were to render their " loyal, con~ " stiiutionalf unbiassed, and fearless assistance." But after the dismissal of the Executive Council, they looked in vain for any resumption of his original doctrines, and the fulfilment of his promises. During this time the Surveyor-General of the Province was removed, and Captain Macaulay, who had lately arrived from England, and who was on full pay in the Army, re- ceived the appointment. In consequence of a movement of the Assembly touching the claims of Mr Radenhurst, the head clerk, of eighteen years' standing in the office, and an active officer on the frontiers during the war, Captain Macaulay soon after- wards resigned ; but the testy knight was not to be thwarted in his choice. He sent a recommendation of Captain Macaulay to Lord Glenelg, but a counter recommendation was also dispatched in favour of Mr Radenhurst, signed by nearly every member of the Assembly, '^nd many members of the Council in their individual capacities. Politics had nothing to do with the last recommenda- tion, and ?he warmest friends of Mr h denhurst, and those who most interested themselves in his behalf, were Tories. Yet Sir Francis did not scruple to accuse the Reform party of wishing to control him in his prerogative. This was only, however in the furtherance of his intention to come to an open rupture. It afforded no grounds for a misunderstanding; nor did the appointment ofato.nmittee on the question of the Executive Coun- cil indicate any desire in the Mouse to interrupt the ordinary transac- tions of business. In the absence of any suggestions by Sir Francis for the adoption f>f those Reforms which he pompously announced on his arrival were " expected by your King, and which the ris- *' ing interests of yonr country require," they passed all the Libera] iii-is so 'a n": resisted by the Council, and which they again rejected with mov than their usual alacrity. The Tories all at once had i>covored r^M' life at their unexpected alliance with Sir Francis. Sir Job v Colborne, for the last two years, had evidently become impreised wuh the overwlielming force of the opponents to his Government, and outwardly had set his party an example of meekness, in anticipation of their reign being near its close. Befon- his depaiture the most violent among them, even Mr Solii''tyr~Gcueral Hagerman, had become as conciliating as could ( retrencli- rories, on would be ir Francis, t plans, in oyal, con- t after the in for any lent of bis Province ely arrived Army, re- nent of the the head jtive officer soon after- hwarted in lacaulay to dispatched nber of the r individual sommenda- those who , Yet Sir wishing to ver in the or did the itive Coun- ry transac- Sir Francis announced Ich the ris- d all the thev aeain )ries all at pe with Sir [I evidently I opponents II example |r its close. even Mr ig' as could 181 be expected from such a second Wiuchilsea or Harcourt Lees.' His advances were cordially met, notwithstanding the shaggy mane of the hyena would occasionally peer through the lamb's clothing. But after the appointment of Mr Macaulay, his brother- in-law, the dismissal of the Executive Council, the vituperations of Sir Francis, and when the compact had been completed, he and all his party resumed their original characters. He vauntingly proclaimed, on the floor of the Assembly, that " his sun was still in the ascendant," * and again commenced his former cry of " Treason," " Republicanism," and " No Popery," which was re-echoed by the whole pacl^. Sir Francis at once entered the arena as the head champion of Toryism. In his answer to the address from the city of Toronto he unblushingly made use of the following language : — " The " yeomanry and industrious classes of Upper Canada should " never allow a single letter to be subtracted from, or added to, " this great charter of their liberties ; for if once they permit it " to be mutilated, or what may he termed improved^ they and " their children become instantly liable to find themselves sud- " denly deprived of their property, and, what is better than all, " of their freedom and independence." This cant was probably derived from some of the Tory speeches before the Englisli Constitution was amended by the Reform Bill. The advice was given at a time when he knew the people were anxious and earnest for a change in their Constitution, and had been so for years. They wished it amended by atmulling the appropriation for the Clergy. They were anxious to have both the House of Assembly and Council differently chosen and constituted. Their petitions had gone to the King and British Parliament to that effect, and an inquiry had been instituted. The Tories them- selves expressed a wish to amend the Constitution by altering the Provincial boundaries, so as to secure a sea-port in Montreal. Yet not a month in the Province — unacquainted with the wants of the country and the genius of its inhabitants — he had the insufferable presumption to advise that not a " single tittle** should be taken from, or added to it ; and this too when he was himself violating one of its principal provisions, in refusiiig the contemplated responsible operation of the Executive Coimcil ! Such conduct indicates a want of morality quite sufficient to deprive him of the honourable title of a Reformer, and consign him to his suitable place among the ultra-Tories. A further recommendation for this distinguished situation may be found in. * A Judgeship will probably fulfil his prediction. TIanging one man, and imprisoning poor Collins, wliile a temporary Judge, give him a claim. 1^ 182 '•,( ii liis acknowledgment tliat, unless the Reform Executive Council would desert their principles^ and bow the submissive knee to his infallible dogmas, they could not retain tbeir situations, nor continue in his conjidenre. This inducement for apostacy, and desire manifested to be intimately connected with the traitors, may serve further to illustrate the character of the new Lieute- nant-Governor. Mr Baldwin, whom ]io one can suspect of in- dulging in Sir F. B. Head's mode of sustaining his cause, has made the charge against Sir Francis of having secretly altered the document sent to him, on the reception of which he and his colleagues had consented to accejit office, and, after the arrange- ment had been made, of having produced, as the original, one of r\ more ambiguous nature. No one can doubt this, from the resignation of the Council three weeks afterwards, in conse- quence of their not having been consulted according to the promise held out in the first proposal, in which there was no ambiguity^. This displays another trait in his character. The next untruth of which he was convicted was in the course of the deliberations of the Committee of the Assembly on the Executive Council question. Some observations in the course of a debate had been made on the situation in which the Pro- vince would be placed were any accident to befal the Lieutenant- Governor, so that the govertmient would devolve on the head Executive Councillor (as by law it would), and that Councillor be Mr Sullivan, the young man first named by Sir Francis, of whom very little was known, and that little by no means denot- ing his fitness or capacity for the emergency. This came to the ears of Sir Francis, and measures were straightway taken that the next Councillor, an elderly gentleman of the name of Allen, the one heretofore alluded to as the Commissioner of the Canada Company, should administer the government in such case. Mr Sullivan signed an agreement that he would resign when the time arrived, as the readiest means of installing Mr Allen. The Committee heard of this illegal and unprecedented proceeding, and immediately the Assembly sent the following Address to Sir Francis, to which he made the reply also given. The evidence of Mr Sullivan before the Committee follows, discovering the falsehood of the Lieutenant-Governor. TO HIS EXCELLENCY SIR F. B. HEAD, &c. &c. May it please your Excellency, " We, his Majesty's dutiful and lo}'al subjects, the Commons of Upper Canada, in Provincial ParliJiinent assembled, be;^ leave to request that your Excellency will cause to-be laid before this House, with as little delay as possible, aa entire copy of what is generally termed, " the King's Instructions" i e Council nee to his ions, nor >tacy, and 2 traitors, w Lieute- }ct of in- ?ause, has tly altered be and his 2 arrange- lal, one of from the in conse- ng to the re was no r. the course >ly on the the course I the Pro- ieutenant- the head Councillor rancis, of ins denot- ime to the taken that of Allen, le Canada ase. Mr when the en. The oceeding, ess to Sir evidence ering the §cc. of Upper that your tie delay as istructions" ; i83 to the GoTcrnors of Upper and Lower (laiiadii ; and also copies of any other instructions not heretofore laid liefore this House, touching the duties or responsibilities of the Executive Council ; as also any instructions from his Majesty's Governr ent touching the administration of the (tovernment of this Province by ar- lixecutive Councillor, in the event of the death or removal from the Pre nice of the Uovcrnor, Licutenant-CJovernor, or [)erson adminis- tering the (4overnnicnt, and also copies of any bond or agreement between your Excellency and of your present Executive Council, nr /ntivirn any two or more of the said Councif, by which it is stipuhited in what manner the ftovernment sliall be a(hninistercd,or who sluili administer the (iovernnient of this Province, in case of the above named occurrence '" HIS KXCKI.LKNCV's HFl'l.Y. "Gentlemen, — T herewith transmit as much of the information desired by the House as T possess. I have entered into no l)ond or agreement of any sort with my present Executive Council, and T do not possess, nor i/oes f/ierc exist in council any document of suck a nature httweeu two nr more of the said Council." RoBKRT B. Sullivan, Esu., examined before the (.'ommittee. Q. 1. — Are you senior member and presiding councillor of the Executive Council ? A. 1.— Yes. Q. 2. — Is there any written agreement existing between yourself and any of the other members of the Executive Council, by which it is stipidated on your part what way the (Tovernment should be administered in the event of the death or removal from the Province of the Lieutenant-Governor ? A. 2. — There is no agreement in existence by which it is stipulated how the Government of the Province shall be administered in the event men- tioned in the question. At the time the Council were about to be sworn in, I expressed a wish that it might be understood that, in either of the events mentioned, it was my intention to resign my place as Executive Coimcillor ; as it was not my desire, in any event, to fill the situation of administrator of the Government. — At my rei|uest this intention was expressed in writing, and I signed it. Q. 3. — Is the instrument you mention under seal or witnessed ? A. 3. — It is neither under seal nor witnessed. Q. 4. — Into whose luuuls did you deliver the document ? A. 4. — Into the hands of the IIou. William Allan. Q. 5. — Did any other person know of the existence of the document. A. 5. — Yes. It was not intended that my intention should be secret ; his Excellency the Lieutenant-Ctovernor was present when it was read and delivered to Mr Allan. Q. (5. — DiJ Ids Excellency the Lieut.-Governor write the document, or was it written by his Excellency's order. A. 6. — I proposed that my intention shoidd be ex[)ressed in writing, and I wished that the writing shoulil be drawn up by some other person than my- self; upon which his Excellencv, being present, was kind enough to draw it up." The House immediately expressed a want of confidence in the Council, in the Address given in the First Chapter. Notwith- standing, they were continued, and to this day are in power. Not satisfied with a refusal, Sir Francis made a direct breach of 1 w? ■ '1/ I I' ' «.l 184 their privileges in his reply. He said — " With respect to the request th.at I should take immediate steps to remove the present Council from such their situation, I might say that I had hoped the House would liave refrained from any such decided expres- sion of its opinion on the 8id>ject until it had received the Report of the Committee, to whom the subject Mas referred." — Those knowing aught of the privileges of Parliament will be reminded forcibly of the days of Charles the First on reading this extract. Sir Francis had no official knowledge that a Committee on the Executive Council had been appointed, and had he possessed such knoM'ledge, nothing could warrant him in using the above language to the House. He does no less than dictate to one branch of the Legislature the course to be pursued ; and that they had no power to act before one of their own Committees had reported. It was no doubt intended to provoke them into a dispute concerning their privileges, before the all-absorbing question of the Executive Council could be decided, in the course of which he might resort to a dissolution ; but although the insult was deeply felt, they were willing, for once, to pass it over with- out notice, in their anxiety to proceed with business of all im- portance to the country. This forbearance encouraged furtlier aggressions on the part of the Lieut.-Governor, but they were likewise unavailing with the Assembly. Not a single proposition proceeded from him during the M'hole session concerning those matters on which he had pledged himself at his arrival to direct his immediate attention. A state of entire passiveness in relation to those difficult and important duties only gave a greater oppor- tunity to him of tictively supporting the Tory party, witli whom his fortunes were now joined. Every act done by him — every appointment made, demonstrated his participation in their worst feelings and principles. The officials and their creatures busied themselves in getting up addresses to him, seemingly that he might have a convenient o})portunity of fiu'ther insulting the Assembly and the people generally, in a semi-official capacity. To the infamous political address of the Grand .Tury, heretofore mentioned, he made use of the following language : — " And if it " be true that the recent expressions of confidence in my admi- " nistration, which you have heard, and in which you cordially " concur, lead you to hope that the people will not long remain " blinded to their true interest, this ha))py effect has proceeded " from no exertions of mine, but simply from my having repelled " OUR ENEMIES, by pointing to the Constitutional Act of this " Province." Here is a wholesale condemnation of the late Ex- ecutive Council, of the House of Assembly, and of the great majority of the inhabitants, >vhom the Representative of the i ? ;t to the e present aa hoped I expres- le Report ' — Tliose reminded s extract, ee on the possessed the above ite to one and that ►mmittees hem into absorbing he course the insult >ver with- of all im- 3d further hey were roposition ing those to direct 1 relation er oppor- itli wnom li lie great ot the 185 King, by law supposed to be the father of his country, describes as "OUR ENEMIES." It must be remembered that this was spoken soon after the resignation of the Council, when the ques- tion was still pending in the Assembly, and that the difference of opinion arose U])on the constrvction of the Constitutional Act, and not upon any other q\iestioii. Sir Francis said he had " uepelled OUR enemies," by jwinting to tiie very act to M-hich the Re- formers, his " enemies," themselves were pointing ; a strange mode of putting down opposition, were his assertion true. With one or two exceptions ot strangers lately arrived, this Grand Jury was composed of ultra-Tories, totally against those reforms required in the " Grievance Report," which had so long been sought by the people. Without any scruples, 8ir Francis imme- diately makes common cause with them, declares he has "repelled" his and their enemies, calls them a " well-educated body of gen- tlemen," &c., and this at a time when he and they acknowledged that the people remained " blinded to their own interests " by taking part with the ex-Councillors and the majority of the Assembly. This audacious and insulting language was of course received with unbounded indignation, more particularly by the people, who wished the constitutional check over such as Sir Francis, in a responsible Executive Council ; but the House of Assembly took no notice of the unmanly aspersion. They had become too well accustomed to the degrading blackguardisms of the plundering gang to be disturbed by aught emenating even from so high a quarter, and this further attempt to involve them in a personal controversy also failed. When it is remembered that the six Councillors had resigned rather than compromise their principles, the cowardly attack upon them must be duly estimated by all honourable minds. In answer to another address, presented about the same time, he further vented his animosity against the late Council by describing them as a " few self-interested individuals " attempting " to seize upon the power and patronage of the Crown." This does not quite agree with his assurance, on their quitting office, that his " estimation of their talents and integrity remained unshaken." But he has never shown much regard for appear- ances or consistency, since finding that his power over the purse is only to be retained in a particular way. A further insult may be found in his answer to an address from the Reformers of the city of Toronto, in which he s-ys :— " The political party which " demand responsibility from my Council know perfectly well " that the power and patronage of the Crown are attached to it ; " and it is too evident that, if they could but obtain the marrow, " the empty bone of contention— namely, responsibility to the ^, '^'^o. ^t^s^. IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I Ul 125 ui 11,2 ■ 40 ■ 2.2 m m u u 2.0 141 F II 1- iJ4 < 6" - — ^ ► V] fliotographic Sciences Cf)rporation 23 WeST MAIN STRUT WiBSTfR.N.Y. MStO (716) •72-4S03 r<\^ V iV \\ lV ^ '^J^ C> 186 i '.. ' it :i ){ << pedpld^-^tLey would soon be too Lappy to throw away." Thig butchering simile he no doubt thought pregnant with wit and spirit, but the falsehood of the accusation recoiled with ten -fold fury on his own head. It happened that the country knew the Rolphs, the Baldwins, and Dunns, quite as well as himself, and none but the most depraved dare reiterate what their great master had advanced. In another reply he says — " Those who are " watching us, observe that in each province of the Canadas there " exist a few dark, designing men, who, with professions of loy- ** alty and deep attachment to the Mother Country on their lips, " hate in their hearts the British Government, because they *-' (divested of its attributes) self-interestedly desire to reign in *' its stead." These gratuitous insults, coming from a perfect stranger, totally unacquainted with the province or the people, affords irrefragable evidence of his having joined the Tory fac- tion, from whom the false charges, reiterated by them for the last twenty years, had been caught and brought forward in a new garb. Such language, embodying such foul and slanderous im- putations on the best and noblest men in the country, contrasts strongly with what at another time he put forth : — " It is by cool " arguments and reason that we must determine nobly to attain *' our object." From the tenor of his remarks against such men as the late Executive Council, and those most conspicuous in the affections of the country, no doubt he would attempt, with more than a Maitland's cruelty, to immolate them, as others had been immolated ; but the following extract from the address of the citizens of the metropolis perhaps intimated something as to the risk of such an undertaking : — " This responsibility to Downing street has never yet saved a single martyr to Executive displeasure. Robert (irourlay still lives in the public sympathy, ruined in his fortune, and overwhelmed in his mind, by official injiistice and persecution ; and the late Captain Matthews, a faithful servant of the public, broken down in spirit, narrowly escaped being anotl;.:" victim. The learned Mr Justice Willis struggled in vain to vindicate himself and the wounded justice of the country ; and the ashes of Francis Collins and Robert Randal lie entombed in a country in whose service they suffered heart-rending persecution and accelerated death. And even your Excellency has disclosed a secret dispatch to the Minister in Downing street [the very alledgcd tribunal for justice,] containing some libellous matter against Wm. Lyon Mackenzie, Esq. M.P.P. — a gentleman known chiefly, for his untiring services to his adopted and grateful country. We will not wait for the immolation of any others of our public men, sacrificed to a nominal responsibility, which we blush to have so long endured for the ruin of so many ol his Majesty's dutiful and loyal subjects. " It is easy to say, when wrong is done by the Executive Council of the ProvTnce, to any individual or individuals, the Governor is responsible for them to the Minister at Dnwninff afreet : but for all practicable ends, it might as well be said, — at our antipodes." la . \ I ty." This th wit and th ten -fold ' knew the imself, and reat master B who are ladas there ons of loy- i their lips, cause they to reign in (1 a perfect the people, 5 Tory fac- for the last 1 in a new iderous im- yr, contrasts t is by cool ly to attain it such men uous in the with more 'S had been ress of the ig as to the single martyr ic sympathy, injustice and of the public. The learned he woimded i^rt Randal lie g persecution scd a secret tribunal for ;kenzie, Esq. his adopted ny others of lush to have ul and loyal )uncil of the ponsible for nds, it might 187 Notwithstanding these and many more attempts to irritate the Assembly into a rupture, they continued to legislate for the good of the country until the close of the session. As a matter of necessity they were obliged to address him for information ob various subjects in order to continue the lousiness. These addresses he was understood to have declaimed against in private, as an unnecessary and vexatious trouble to him, being a stranger, when, in fact, his secretary and the clerks were the only ones employed, and that in the mere routine business of the office. No doubt it would have pleased him, and been made a cause of accusation against the Reformers, had all business been delayed, because he was a stranger and required time to become acquainted with his official duties. But he was the last person from wiiom such a complaint, had it been just, should have come. Only a month in the Province, and by his own acknowledgment igno- rant of the political affairs in England, he had the courage to promulgate doctrines in relation to tlie Executive Council which not the most ultra Tory of the oligarchical faction had dared before to uphold. In addition to this, he immediately commenced vilifying and libelling the best men in the country, as if he had personally witnessed the workings of party in the Province for years, and could support his assertions with the !portunity of replying ; and no one who has read that speech will hesitate to characterize it as undignified, unmanly, and dis- graceful in the highest degree. It served to confirm the cha- racter given to him by the Assembly ; and up to this time he has pursued a line of conduct in every way consistent with such character. An able and independent English gentleman, in contemplating his unprecedented behaviour, describes it as that rather of "a madman than of a person in sane mind." But madness cannot be urged in excuse for him ; there is another way of accounting for tortuous proceedings, more common, and less excusable — not induced by bodily infirmity, but by that of the mind. No one has ever disputed the inherent right in the Assembly to stop the supplies, whenever they deem such a course neces- sary. They thought proper to do so in this emergency. But Sir Francis was not to allow the occasion to pass without another violation of the Constitution. Several money bills had passed both branches (for the Council are not backward in assenting to such), and came before him as the Representative of the Kmg, for approval. One for the relief of an old soldier, blind since the war, in consequence of wounds received ; another, granting the miserable pittance for the common schools ; another, giving a small sum to improve the navigation of certain inland waters ; one was to remunerate individuals for losses during the late war, and others were for the improvement of the roads and bridges, for supplying and building light-houses, supporting the Peniten- tiary, &c. All these bills were absolutely necessary ; many for 'i-x 11 'n » M: f 11 190 the good government of the Province and the safety of th« inha- bitants ; yet Sir F. B. Head refused his assent to all, except one of no importance. And what was his reason for so doing ? By his own acknowledgment, in his speech at the prorogation, it was because the supplies had been stopped by the Assembly. He not only laid aside usage and the Constitution in the matter of the Ex- cutive Council — in the agreement between Sullivan aiw is only ten 75 and small sum le Assem- i^ery other id with it. ssessing a Yet Sii* ostensibly t ! Must become $s and in- lething to recalling ills, nine ^ay: — '*! ces which rgone an esty, &c. how past r in lan- deservei las tall en jeeted by justice in invasion fc. Not no other At the prorogation no one doubted that Sir F. B. Head would be recalled the moment the impeachment arrived in England. There is gocd authority for stating tiuit he expected it himself. To vindicate hinjself jts much as possible he called all the party into action, to whitewash his conduct by addresses, containing the most fulsome flattery and unqualified approval of his proceedings in every particular. It is a standing assertion, founded in fact, that among a certain class a petition can be got up on any subject. Now had any of those petitioners discriminated the particular acts of Sir Francis of which they approved, and condemned what all and each must have condemned, some weight might justly be given to their support. During the worst days of Sir P. Maitland, he made a tour through the Province with the venerable Dr Strachan as his avnnt-courier, who procured addresses of precisely the same description to be presented to him, by cringing, sycophantic and self-constituted deputations. Yet shortly afterwards, on his recal, although nothing since had been done to render him more unpopular, not one had the face to express an approval of his Administration, amid the loud and general execrations of the country. These addresses to Sir Francis are deserving the same credit as those to Sir P. Mait- land. The country could not imagine that the impeachment from the House of Assembly would be unavailing ; and a dis- play of physical and numerical strength by the freeholders could answer no end, if the bill of indictment preferred by their repre- sentatives was disregarded. They had supported the Assembly, and were not to enter into competition with the drunken sans calotte " tag-rag and bobtail," assisted by the officials, the mis- guided, and the multitude of John Does and Richard Roes. Sir Francis made use of every deception and falsehood himself that would best accomplish his ends. On his first arrival he did not hesitate to attempt to deceive the Assembly by uttering a barefaced untruth, and now, in his desperation, the happy and felicitous habit was found of great service. Hhjirst falsehood was uttered in his speech at the prorogation, where he intimated that the withholding the money Bills was an unavoidable consequence of the Supplies being stopped. His next was in the same speech, wherein he accused the Reformers of having during the Session embarrassed the Government, and thwarted the bene- ficent intentions of his Majesty. The third was in his answer to the Tories of Toronto : — " No one can be more sensible than " I am, that the stoppage of the Supplies has caused a general " stagnation of business." A large business it must have been to be stagnated by 8000/. of supplies. Besides, this was in June, and no part of the supplies were due to any of the officers until 192 ) i ! 'I i 'I •1.^; M July, when one-half of their salaries was payable, and the other half in the January following. This wa.^ an atrocious falsehood to impute that distress to the Assembly, caused alone by his withholding the Road and Canal Bills, &c. and induced long before by bad Government. It was brought forward to render the Assembly unpopular, but received exposure on the spot. TheJ'ourth was uttered in the sjime address, when he spoke of the consumers of the farmer's produce, describing them as "flying in all directions from a land from M'hich industry has " been publicly repelled." He and the Tories alone repelled the " industry," and none but himself and party laid the blame on the Assembly. His ^/ih was in accusing the Assembly of arresting emigration, and bringing about that state in wnich *' Mechanics in groups are seen escaping from the Province in eVery direction, as if it were a land of pestilence and famine." Owing to the superior enterprize of the Republicans under a good Government, the wages of the mechanics have been for years so high as to attract them from Canada. The distress caused by his withholding the Money Bills may have driven them away, but assuredly the paltry sum of 8000/. to a few " clerks and messengers " of the Government office could in no way cause the distress. How barefaced and idiotic was such a charge ? His sixth was contained in a brief question. " What was the use of paralysing the country by so cruel a remedy ?" (viz. stopping the Supplies). Toryism and Sir F. B. Hi'ad alone paralysed the country. His seventh was in hir impudetit assertion — " The people of Upper Canada detest dv^mocracy." In other words, they detest themselves and their inalienable rights ! His eighth was — " They revere their Corstiiutional Charter." This has been proved false in the foregoing pages. His ninth was — " I am guiltless of the distress which Upper Canada must shortly most bitterly endure." He shares the odium with the Oligarch} . H.'s tenth was conveyed in the ques- tion — " Can any three professional gentlemen of Toronto, intently occupied in their own petty interests, presume to offer to Upper Canada the powerful protection and parental assistance (!) which our Sovereign can bestow upon this young growing country?" Dr Rolph is the first in the medical profession ; Mr Baldwin in the first rank at the bar, and Mr Dunn is the Receivet-General, the most responsible officer in the Colony; yet he ciUls them three professional gentlemen, intent on their " own petty interests," and accuses tliem of being capable of presumption. There is both falsehood and slander in this, and, notwithstaAiding tliese aids, he fails in making out an argument for himself. The eleventh, twelfth, and .N [ the other 3 falsehood me by his need long to render the spot. e spoke of ; them as idustry has e repelled e blame on isembly of in which ^rovinee in i famine." is under a ! been for le distress ive driven to a few )uld in no was such a « What remedy ?" B. Hiad impudent mocracy." alienable stiiutional ing pages. ch Upper lares the the ques- D, intently to offer parental ipon this in the at the sponsible ofessional accuses falsehood e fails in Ifth, and 193 thirteenth may be found in the following short sentence : " Is " the loyalty of this portion of the British Empire to how before " a self-constituted triumvirate, merely because it declares that " no respom'bility is trustworthy but its own?" The Execu- tive Council was not a " triumvir ale" it was not " self-consti- tutedy'' and never declared that *• no responsibility is trust- worthy but its own ;" noither Mas the loyalty of « this portion of the British Empire" expected to bow before it, any more than before Sir F. B. Head or the British Cabinet. The fifteenth falsehood is in his statement diat a few individuals have ••' long " gained their bread by hypocritically declaring what blessings " you would receive if you could but deprive the Lieutenant- " Governor of his patronage, and give it to them." No Re- former ever " gained his bread" by making such declarations, and not one ever interfered in a prominent station against the Tories, but suffered sufficient in his purse to exonerate him in the eyes of the world from the infamous charge, and vindicate the honesty and sincerity of his motives and opinioi.s. 'J'lie siiiteenth is contained in this sentence, " It has long been de- " clared by the few self-interested individuals, who are still en- *' deavouring to mislead you, that cheap government can never " be obtained in this Province, because the Lieutenant-Governor " comes from the Mother Country, which is 4,000 miles off." No assertion of the kind was ever uttered by an Upper Cana- dian. They did not object to a Lieutenant-Governor coming 4,000 miles, if he were honest, and disposed to conform to the constitution by receiving the advice of the Executive Council responsible for giving correct advice. They did object to the description of tyrannical and lying understrappers from Downing street, but not to the mode, power, or place of appointment. In the above sentence and the one precedhig. Sir Francis makes use of the term " long" — " it has iong been declared," indi- viduals have ** /o»g" gained, &c. llicbc are palpable falsehoods to the most superficial observer, as Sir Francis had just arrived in the Province, and knew nothing of what he was talking. The seventeenth, " 1 need not tell you that I myself am an advocate for Reform." This was proved false on the Executive Council i require a course oi steady conduct to correct." 'J'lie Report has fully exposed the faction, and thereby has conferred a ben fit. He dared not come to particulars in that Report, and cannot point out the injury, unle.«s it was the means ot bringing him into the Province, whose presence is not only aa " injury," but a con- N > 194 tamination and a curse. Tlie nineteenth falsehood, " Tlie " language that lias been heaped upon me is discreditable to this " Province." The language was delicate and forbearing, taking fnto consideration the nature of his offences against the human and divine laws, and was in every way creditable to the High Court of Parliament, whence it emanated. The twentieth untruth may be found in his attempted vindication to Lord Glenelg, " Your " Lordship cannot but remark, that for the first time in the history " of this Province, the supplies have been stopped." The sup- plies were stopped by the tenth Parliament from Sir J. Colborne, but he did not in consequence refuse his assent to useful Bills; nor have the Governors of Lower Canada, although they have received no supplies for years. The twenty-first is his further assertion that there are *' half a dozen traitorous democratic repub- " licans," who wish the Legislative Council ** nominated by " themselves." This statement needs no exposure. It is to be hoped the writer may be excused from adducing further specimens of Sir Francis B. Head's veracity, as he is thoroughly sick of the disgusting, though necessary, task. It is like being compelled to walk in the trail of the fetid and slimy serpent, whose gorged stomach and venomous breathings contaminate the surrounding air. With the documents now before me I can convict the Whig Lieutenant-Governor of as many more plain, palpable, and downright lies, if I may be allowed to follow Mr Cobbett in cal- ling things by their right names. Should the reader think the expression too strong, he will oblige by substituting a more ap- plicable word, and excuse the inadvertence. Any thing of the kind shall be conceded, in an anxiety to lay a portion of the facts before the public which bear on the question now pending.* In the present advanced state of society, a laudable curiosity usually exists to ascertain the particular calibre of mind pos- sessed by those who have in any way becoae notorious in any department of Government in which they may have thought pro- per to employ themselves. Fieschi and Alibaud have had their heads examined by the phrenologists, and Meunier has lately undergone the same operation. This was not expressly to find out whether they were assassins or not, but to discover what other walks of life they were capable of shining in. Sir Francis B. Head has become rather conspicuous in one department of re- fined statesmanship, and it will now be our pleasing duty to ex- • So anxious has been the writer to support himself by evidence, that two pages in the preface have been cancelled and reprinted, for the purpose of exchiding two lines which were inadvertently incorrect, regarding Sir F. B. Head. ood, "The table to this ring, takint^ i human and High Court mtruth may elg, "Your 1 tne history The sup- F. Colborne, iseful Bills; I they have i his further ratic repub- minated by It is to be r specimens sick of the ompelled to lose gorged iurrounding ct the Whig Eable, and ett in cal- think the a more ap- ling of the of the facts [ling.* e curiosity mind pos- Kis in any ought pro- had their has lately sly to find what other Francis B. lent of re- uty to ex- :e, that two purpose of g Sir F. B. 195 liibit him in another. Sir Francis is an astonishing orator, and tropes, metm)hors, similes, comparisons, and classic phrases and quotations, dance promiscuously through his speeches, or rather the productions printed as such under his own particular eye. The following are a few elegant extracts: — " It is too evident that if they could obtain this marrow, the empty bone of conten- tention they would soon be too happy to throw away." What delightful fancies does not this call up? Imagine the savoury morsel of marrow melting on the tongue; then listen to the music of the marrow bone rattling along the pavement, being thrown away ai aforesaid, now beating delightful accord with the sharp shin bone of the wayfarer, then rebounding symphoniously from jingling grate and sensitive lamp- post, till finally the harmony dies gradually away as it rolls by slow degrees into a neighbour- ing gutter, and is presently seized hold on by the cranching jaw bojies of some starvling cur. Death's head and cross bones were nothing to this ; and it is doubtful whether the famous raw head and bloody hones, so often heard of by the school urchin, could be put in competition for a momt it. But it is time for another specimen :— " They (the Reformers) are now taking every pos- " sible measure to prevent me from rooting up the tree of abuse, *' because they have built and feathered their nests in its " branches." Lucky fellows ! how snug they sit in their nests. But they have not yet got the marrow to be quietly enjoying while cocked up in so comfortable a berth. O ! no. The fol- lowing is another choice specimen : — " It is my opinion that, if ** you choose to dispute with me ai»d live on bad terms with the " Mother Country, you will, to use a homely phrase, only be " quairelling with your " own bread and butter." The point of this sentence is irresistible. What man so demented as to quar- rel with this delicious morsel. Already we see his protruding eyes devouring it in the process of being nicely spread. Pre- sently it is brought up and slowly administered to his delicate palate, a stray stamp of the foot, closed eyes, and fidgety hands, indicating the pleasurable properties of the oily substance. The next has relation to maritime pursuits: — " 1 consider that my ** character and your interest are embarked in one and the *' same boat." Unlucky interests ! to be thus embarked with such another Jonah. It is supposed they have been shipwrecked together, as neither have been heard of for the last nine months. One more extract before closing this department of the subject: — " Men ! women! and money ! are what you want !" Here is a " Grievance Report" in a few words. Who can accuse the Canadians of being exorbitant in their demands after this ? Throw smaller matters to the winds, but give us mcn,u'o/we«, and money ^ 196 <-i pi Admirable friend of humanity ! Hide your diminished headij, poor parson Malthus, and pretty, coy Miss Martineau ) Tiie next department of Government in which Sir Francis has acquired fame, is in his capacity of Champion-Cieneral and Major in the Waggon Train, &c. See what an uncommon heroic appearance he wears in the following sentence : — " The ** people are perfectly aware that there exist in the Lower Pro- " vince one or two individuals who inculcate the idea that this " Province is about to be disturbed by the interference of " foreigners, whose power and whose numbers will prove in- '* vincible." " In the name of every regiment of militia in Upper Canada, 1 publicly promulgate, Let them come if thei/ dare." This second Napoleon, surnamed "the Invincible," accordingly put himself in posture of defence. Several regiments of militia were sounded for volunteer companies to pour around their prow- ess Fingal, " like the echoing main." Strange to say, the call was unanswered, save by a few descendants of FalstaflF's corps, who took open order to the best of their ability, considering the amount of Republican whiskey on board, amidst the jeers and mer- riment of the old heroes of 1812 and 1814. Never was there so complete a failure ; and since then Sir Francis has converted his rusty whinger into a poker to stir the fire at the periodical conclave of the " Kitchen Cabinet." In another address he afterwards said, " I am quite determined, so long as I may occupy the *' station I now do, neither to give offence nor to take it." Whether he had given offence or not, some of his terms ap- plied to the Reformers will best determine. He calls them " our " enemies," " enemies of the country," " self-interested indivi- '* duals," " dark, designing men," " gained their bread by hy- *' pocritically declaring," &c., " factious and designing men," " those agitators," " their object is dark, mysterious, and dis- " creditable," " falsest reports invented," " insulting language," " they did not dare to face their own Grievance Report," &c. This latter charge is a deliberate and designing untruth, dis- proved by their acts during the whole session. Numerous other samples of his unwillingness to insult and calumniate are ready, but the exposure would be useless. During all this time he kept his plan of dissolving the House an entire secret, and continued in every way to implore and pray the country to confide in the correctness of his intentions as a Reformer. Finally, he suddenly dissolved the Assembly and called a new election immediately. The offices were filled by myriads of clerks filling out patent deeds for the emergency. This sudden dissolution was undeniably another infringement of / ^ I \ lied Iieads) f »ir Francis ?neral and incommon :--" The )wer Pro- that this ^erencc of prove in- ' Canada) jcordingly of militiu leir prow- Yy tlie call (f 's corps, lering the 1 and mer- s there so verted his \ conclave fterwards upy the take it." erms ap- em " our d indivi- \ by hy- ig men," and dis- iguage," ort," &c. Lith, dis- )us other e ready, B House ore and tentions ssembly re filled rgeney. meut of 197 that « Constitution" which he professed to admire so much, and clearly an invasion of the first principles of Government. With- out waiting for instructions from the Imperial Government in England, to which he declared himself alone responsible ; with- out waiting for the decision of the Ministry or House of Com- mons upon his infamous conduct, so definitely and solemnly impeached ; setting all lav', propriety, and justice, at defiance, he tyrannically dismissed his accusers to prevent their following up tlie charge, in the hope of obtaining a majority of subservient tools to screen him from punishment. The returning officers were all chosen to favour the Tory candidates ; the polling-places were appointed in the best spots to suit his purposes and injure the Ref\)rmers; the patent deeds were made ready, and the elections commenced. Fifty Headites were returned, and only twelve Reformers ! There is a difference of opinion with respect to the number of patents issued, and from the secresy practisecf the correct number cannot be ascertained ; the general impression, however, is, that between 6000 and 7000 M'ere found necessary to defeat the honest and incorruptible patriotism of the tmia/ide landowners and men of property. Three of the leading Re- formers, one being Mr Bidwell, the most popular man in the country, and the Speaker during two Parliaments, were cast out, after many years of patriotic exertion for tl e rights of the people. Riot, intimidation, bribery, and corruption, were publicly encou- raged. The officials, one and all throughout the whole Province, were the most active partisans, many of them being candidates. No means were left untried that malignant ingenuity could invent; and the wonder is not that the farmers have been defrauded of every liberty, but that any county should succeed in sending a Reformer to Parliament. In the second riding of the county of York Mr M'Kenzie was defeated by two hundred acres of land being divided into quarter-acre lots, which were given away, or purchased at a nominal value by every scoundrel and underling who would go to vote on behalf of the Governor. And this has been called a reaction in public opinion in behalf of the " Tyrant " and the " Liar." Should this fatal error be entertained by his Majesty's Ministers or the House of Com- mons, there can be no doubt but the lesult will be disastrous in the extreme. The strength of the Province has been too long concentrated for Reform to be broken in upon by any individual. A review of two or three points is necessary. In 1834 we find three-fourths of the people returning a majority to Parliament to insist on sweeping and searching Reforms. They elected thirty-five members, whereas the remaining one-fourth, by means heretofore alluded to, were unjustly allowed to elect twenty-five. / 198 ■> ■ ■ Two years afterwards we find an almost unanimous House of Tories. Here must have been an unprecedented change of opinion among all ranks and denominations, unless some expe- dient was resorted to, to stifle the voice of the country. Assume that no such expedient was carried into effect, the first question will be, how such a change in public opinion was brought about ? Now let any man of common sense dwell upon the proceedings of Sir Francis B. Head, and ask himself if anything he has done was calculated to make converts from Reform to Toryism ? Would his invasions of the Constitution — his calumniating the most virtuous and popular men in the country — the uttering so many not even plausible falsehoods ; — would his puerUe, silly, and even indecent speeches — his withholding ail the Money Bills —his removing every independent Reformer from office to exalt a Tory instead; — would his piteous petitions for mercy after conviction — and, finally, would his sudden and illegal dissolution of the Assembly, putting the country to vast trouble and expense in the busiest season of the year ; — would any or all of these convert the farm.ers of the country — the honest Reformers of ten and twenty years' standing — from Reform to Toryism ? No reasoning intellect can arrive at such a conclusion. But we have evidence that such patents were issued, in the acknowledgments of the Tories, and by the records of their oaths on the poll- books, although the number has been disputed. Moreover, Sir Francis Bond Head has never attempted to deny the charge, and cannot deny it without still further exposure. The " Patent Assembly " themselves are conscious of the monstrous fraud, and, fearful that a demise of the Crown might happen before their term of office should expire, by which they would be brought to a speedy account by the people, they have attempted to pass an enactment to prevent their dissolution, in case of such demise. This circum- stance alone, betraying as it does their fear and dread of con- fronting the aroused indignation of the people, discloses the true position in which they stand. No sophistry or art can conceal from the most superficial observer the threatening and alarming crisis of affairs. Without the slightest share in the Government — the people detest and abhor it. In the words of ./unius — " They *' know that the liberty, the laws, and property of a British sub- " ject have, in truth, but one neck, and that to violate the free- " dom of election strikes deeply at them all." The blow has been struck by even the puny Head, and like men they are pre- pared for what is to follow. Arms and ammunition have long since been secured. When the moment arrives, their long-pent indignation will burst with uncontrollable fury, overwhelming their oppressors, and niising to life and light and liberty the * .vA'^ 199 abused and insulted of the human race. The days of 1770 are again to he renewed in 1837. Britain must gradually relax her tyrant grasp from the New World. " The same tyranny which " drove thejirst emigrants fro home, pursues their descendants " still." A Reform Ministry delight to perpetuate their sor- rows, and where policy dictates an appearance of sympathy, a cold, calculating, rotten spirit, shines through all. " Their kindness " freezes, and their blessings curse." Let t!.em abide the result. Let them send out their mercenaries, as in '76, to spill the blood of free-born Canadians, and make one struggle more to continue despotic power. " Let them come if they dare," and their master, the Devil, send them a safe deliverance, for man will have no mercy. The struggle will not be one of words, where mendacity and villany may achieve a triumph over honesty. The whizzing rifle bullet and revengeful stab of stubborn wood- knife cannot thus be evaded. The right hand of a freeman, nerved in the ever-sacred cause of rational liberty, battling for his private and public rights — for equal laws and honest govern- ment — for the wounded and insulted honour of his native or adopted country — will fall with resistless force on the quaking miscreants standing in the way to his emancipation. The sons of liberty across the imaginary lines will not be idle in such a struggle. The mountaineers of the Hampshire Grants, the rifle- men of Vermont, of New York, of Pennsylvania, of Ohio, Michigan, and Kentucky, will come in countless myriads to welcome into the Temple of Liberty the new-born offspring of a kindred race. The Assistant Poor Law Commissioner, with all his valour, could not retard the happy consummation. That Good Being who watches that not a sparrow falls to the ground without his interposition — who decreed that no part of the New World should be given up a prey to the spoiler — who wrested the sword from the hand of the tyrant — and laid low the solemn mockery of an impious and worldly-minded priesthood — He who brought out the children of Israel from the land of Egypt, and from txie house of bondage, to a land flowing with milk and honey, and who appears by his manifestations on the path of the good and the virtuous, — He will be on our side in the day of trial, and who shall be against us ? ^A -rr-i^^...^ l: i f u k III' I i -■^ 200 CONCLUSION. In bringing these pages to a close, the writer may be allowed to express his warmest thanks to any one who has taken the slightest concern in the subject The interests of the Cuiiadas have re- ceived very little attention from the Rulers of the Empire, and with the exception of a few steadfast friends, the Members of the Imperial Parliament have exhibited an indifference in relation to them not expected in the Representatives of the British nation. Forty years ago, under the administration of Mr Pitt, the subject was one of importance, and elicited lengthened discussion, and their trade since has by no means fallen off. Lower Canada has for years been without a government, and ihe inhabitants have long called, with almost an unanimous voice, for a correction of abuses ; but the misrepresentations of the few have had more weight than the facts and arguments of the many. I have resided among the inhabitants, and can vouch that the absurdity of the "national origin " feeling is a weak invention of the enemy. If any such display be traced to individuals, it was no doubt pro- voked by the opposite party. Because they hate Toryism and oppose irresponsiole, partial, and corrupt Government, the Tories adopt this cry, with the many otiiers imported from across the Atlantic, and it is no doubt the most plausible one in the standard catalogue. As in Upper Canada, the Tories are the cause of the rancorous enmity existing between the people and the faction. The Lower Canadians do not hate them more than they are hated in Upper Canada. Many of British origin have their confidence and support, and are entrusted with their interests in the Assem- bly. The eastern townships are inhabited mostly by those speak- ing the English language, and the " origin cry " against them is not '* French," but " Yankee." They are of course Reformers, otherwise the truly miserable minority of Tories and half Tories in the Assembly would be more than- seven in a House of eighty. The writer's grandfather fought against the French in the old French war, and if he thought any party feud had been transmitted, he thinks it very probable he might be induced to sup- port the ancient pluck on his side. But the outcry is puerile, and scarcely worth contradiction. The Canadians of both Pro- vinces are joined hand in hand for glorious regeneration, after forty years of ignominious thraldom:— " Their swords are a thousand, their bosoms as one." A thousand? ay, five hundred thousand, at the least, of true-hearted English, Irish, Scotch, Americans, Dutcli, and native Canadians, I \ \ \ \ T may be allowed to »s taken the slightest e Ciinadas have re- of the Empire, and the Members of the erenee in relation to f the British nation. Mr Pitt, the subject tned discussion, and it a government, and an unanimous voice, entations of the few nents of the many. I ichthat the absurdity ention of the enemy. it w^as no doubt pro- y hate Toryism and ernment, the Tories •ted from across the ; one in the standard are the cause of the pie and the faction, than they are hated lave their confidence rests in the Assem- stly by those speak- y " against them is f course Reformers, ies and half Tories en in a House of ainst the French in irty feud had been it be induced to sup* outcry is puerile, idians of both Pro- regeneration, after ms as one." east, of true-hearted d native Canadians, 201 are at hand. All other distinction is forgotten in this lovely land of their residence, and the magic word " Canadian," binds closely together the "good men and true." In recapitulating the wrongs suffered by his countrymen, the writer has fouiid the task almost intolerable, from the impression on his mind that it ought not to have been necessary. In the hurry to arrive at the end, the one-half has not been told. Let no suspicion be entertained that he is a visionary enthusiast, or that any of his remarks are not founded on just and substantial grounds. His father came into Upper Canada at the age of eighteen, and has remained therein fifty years. Through his means he has been secured above dependence on anything that could influence his opinions either for or against the Goverment. Individually the current of life has hitherto run smooth, but his heart is with his fellow-countrymen, and a free emotion swells his breast in unison with theirs. He may be warm, but thousands are liable to the same charge, beside whose flaming zeal he appears lukewarm and unfeeling. The Tories cannot longer secure themselves behind their "Constitution," and their standing armies. They cannot terrify such minds, and this they have learned, but dare not whisper even to their own evil consciences. Should my Lord Glenelg, or his successor, glean from these pages the same useful fact, the writer will be thankful that he did not hazard being bowed out of the Colonial Office with a bundle of docu- ments in his possession on the Affairs of Canada ; and shortly, when he joins his friends and fellow-countrymen in the only de- graded part of the vast Western Continent, he can report the tidings of " New Light " having been received by his Majesty's Ministers, and of its having been communicated to the Imperial Parliament, by a Reform Bill, liberally amending the Tory Consti- tutions of tlie Canadas. The " Patent" House of Assembly, although never so much disposed, have not, and cannot offer any excuse for the conduct of Sir Francis Bond Head. The facts now before the House of Commons and the country cannot be contradicted, and they make out a case of tyfanny and depravity, in comparison with which the deceptions of a Hutchinson, the rapacity of a Hastings, and the cruelty of a Picton, sink into insignificance. Unless the wrongs of the Canadian people be avenged in the recal and dis- frace of the culprit— unless the " Patent Assembly " be at once issolved, and a just and equitable government be est^iblished, ac- cording to the enlarged views of Mr Fox and the NVhigs of 1791, and agreeable to the free spirit of the age— a stain will remain the national honour ; the Colonies will be lost by a forced o on / 202 Mi ^^ separation, and another degrading lesson be taught to Legiti- macy, that* where reason and argument are found unavailing, Liberty can still be secured through the MIGHT AND MA- JESTY OF A COMBINED PEOPLE. ■\ London, 22nd February, 1837. THE END. >V i' ^ •.-/•. :•■;> t '\ I U t LONDON: PJlINTtD BY C. AND W. RRYNEM., LITTLC rULTENKY STREIT, % taught to Legiti- found unavailintr, JHT AND ma! i '7 ■> ". :••;> r