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fi
V

Toronto Public Library.

Reference Department.

THIS BOOK MUST NOT BE TAKEN OUT OF THE ROOM.

c!}tji- A^ M^C

aduii

Toronto, May 18, 1838. iSCfOJO

Letter of Mr. Attorney General to the Editor on the subject of Mr. Bidwell's
departure from this Province ; showing that the same was perfectly voluntary on his part;
in rontradiction to the assertion of a writer in the Upper Canada Herald, signing himself
a U. E. Loyalist, that he had been exiled by the arbitrary mandate of Sir Francis Bond
Head, late Governor of Upper Canada.

To tlie E^ditor of tlie Patriot'

Sir — There are some Editors of Newspapers,
Hnd also some persons unconnected with the
Press, who during the period of Sir Francis
B Head's administration of the Government of
this Province, were loud and apparently sincere
in their admiration of his puh:.c conduct and
policy — but who, since his departure for Eng
land, have assumed a different tone, and have de-
nounced his measures, and applied epithets to par-
ticular acts of his administration equally discour-
teous and undeserved It is not my present pur-
pose to inquire into the motives that have led to
this course of conduct, which to speak of it in the
mildest terms, may be considered as in the highejit
degree reprehensible, and is by no means calcula-
ted to advance one's confidence in the disinterest-
edness and justice of mankind ; but it imposes
on those who have discovered no good reason
for changing their opinions of the hones', able,
and patriotic course of policy pursued by Sir
Francis Head, the duty of counteracting as far as
they can, the effects of misrepresentations, which
with much industry and I ) egret to say, appareiU
malignancy, have been promulgated against him —
more especially in any case that involves a charge
of personal delinquency. It is this feeling that in-
duces me tnus publicly to notice the editorial arti-
cle in the Kingston Herald of the 8th instant, and
the communication that follows it, subacribed " A
United Empire Loyalist," on the subject of Mr.
Bidwell's departure from this Province, who it is
alleged was "expelled" and "banished" in the
most " cruel," " arbitrary," and unconstitution-
al manner by Sir Francis Head.

Before adverting to certain facts connected with
this case, of which I think it desirable the loyal
people of this Province should be informed— and
which when placed before them in their true light,
will, I think, sufficiently disprove the unjust and
unfounded accusations of Mr. Bidwell's friend and
admirer, " ^l United Empire Loyalist," against
Sir Francis Head ; I cannot withhold the expres-
sion of my great surprise, that Mr. Bidwell should
attempt to promulgate, or that any man of ordina-
ry understanding should adopt the idea, that he had
been " expelled the Prvvivce at the arbitrary plea-
sure of a Governor.'" No man knows better than
Mr. Bidwell, and none ought to know better than
the Editor of the Kingston Herald, and his cor-
respondent " A United Empire Loyalist"— that
not even the QUEEN OF ENGLAND herself,
muc'n lees a Governor of one of Her Majesty's
distant Colonies could arbitrarily expel a British
subject from any part of the British dominions—
and however much Mr Bidwell may be blinded to
"« truth of his own case, from the peculiar aad I
««""i painful situation in which he has placed him-

self — anrl however desirous his political parlizan?
may he to represent him as a persecuted man, it
will be utterly impossible fpr him or any other per-
son to convince a single intelligent and honest
man of this community, that his expatriation
was not his own voluntary act, or that he did
not leuve the Province because it was his
duty and his interest to do so, and that he
was grateful for the pernriission given him to
depart unimpeached, and which permission let itba
rpmemhered, was granted him by the very persons
whose destruction had well nigh been accomplish"
ed by men who had been led to the commission of
tr<?ason,lhrou2h the persuasion i/f those who encou*
raged cf maintained that anti-British policy he'had
from his infancy advocated, <f earnestly recommen-
ded to the people of this Province for theiradoption;
a policy which " A united Empire loyalist'^ seems
for some mysterious reason, desirous should be once
more planted among us, or at all events, that its
chief and most artful supporter should be invited
back to the country, that ho might again dissem-
inate his principles if he should think fit. and thus
again put to hazard that repose and harmony so es-
sential to our future and present welfare. I very
greatly mistake the character and feelings of the
people of this Province however, if he will find
many real " loyalists" to join him in his singu-
lar and extraordinary design. I agree with
"A United Empire loyalist," that there are many
loyal subjects among that class of persons who
style themselves " Reformers ;" but the number is
at this moment very small of those, who now de*
sire to recognize Mr. Bidwell as their leader. He,
as they know from fatal experience, may lead Ihom
into danger and into situations of the most humili-
ating difficulty, but when there, they may look in
vain for his assistance to extricate them.

But to proceed to the more important object of
this communication.

The Rebellion as every one knows broke out on
Monday night the 4ih December. On the Wednes.
day morning following, I met Mr. Bidwell in the
street, he told me that he had been anxious to see
me, and that he had written me a note to say so — that
his olyect in seeking the interview was to tell me,
that he felt he must be looked upon with distrust,
and that from the circumstance of his having al.
ways been identified in politics with the leaders
of the insurrection, it was reasonable to suppose
that he might be suspected by the Government of
being implicated in their treasonable moyeinanta :— .
he, however, very earnestly protested bis inno-
cence, and declared his perfect willingness to sub-
mit himself and all his papers to the closest scru-
tiny and investigation. I replieo' that for n.y own
part I did not believe that he had either advised or
participated in the revolt— and that I was cot

aware that any officer of the Government suspect-
ed him. I further told him that there was no de-
sire to subject him or his papers to examina-
tion, and that 1 felt quite confident that the Go-
vernment would not direct any thing of the kind.
I then remarked to Mr. Bidwell that although I did
not think he was directly concerned in the rebel-
lion, he must feel that he ought not to be surpris-
ed if, as he suspected, he were looked upon as a
disaffected person. His constant opposition to the
Government, and the political principles which
he had ever professed and upheld, had without
doubt, encouraged the disloyal to persevere in that
course of conduct, that had resulted in rebellion —
but I more particularly alluded to his letter written
to Di-. O'Callaghan, Editor of the Montreal Vindi-
cator, who had since fled the country for Trea-
son, in which letter he expresses himself in the
following language : —

*' Your great and poicerful exertions in the
*' cause of liberty and justice I have noticed
^^ ivith admiration and respect; and I look
" with deep interest on th^ strugglein Lower
*' Canada,between an insulted, oppressed, and
*' injured people and their oppressors. A LL
«« HOPE OK JUSTICE FROM THE AUTHOR-
" ITIES IN ENGLAND SEEMS TO BE EX-
" T'r^GUISHED."

I told him it was impossible to read that letter
and not feel a moral conviction that the writer's
desigri was to justify the conduct of the disafiecled
in Lower Canada, who at that time openly and un-
disguisedly declared their determination traitorous-
ly to effect their separation from the Parent State ;
— revolt had soon aft^r followed in Lower Canada,
and it was inconsisle'.t with the terms of his letter
to belieTe he had not .proved of it,& most persons
undoubtedly believbo .hat such was the fact. Mr.
Bidwell replied that his letter was a private com-
munication, and that the extract gi\ en was garbled,
and that if the context had been published it would
not have appeared so objectionable. I said I did
not understand how this could well be, but at all
events it seemed at variance with the duty of a
loyal subject to write in the style he admitted he
had written, to a man like Dr. O'Callaghan, who
was so notoriously and avcvedly disaffected. I
understood Mr. Bidwell to express his regret at
having written the letter; which he repeated was a
private communication, and had been improperly
published ; and that he did not approve of revolt.

Either the same or the following morning T again
met Mr. Bidwell, and mentioned to him thai it had
been reported to the Lieutenant Governor, that Dr.
RoLPH had left the City and had gone to the Dis-
trict of London, and that as he was known to ho
an intimate friend, and next door neighbour of Dr.
Rolph, and was probably acquainted with his
movements, I wished to ask him whether he knew
the object of hisyourney to that District. Mr. Bid-
well replied that although Dr. Rolph had given out
that he intended to go to the District of London, he
in fact had not gone there, but that he had gone to
the United Slates. I confess I was startled at this
information, for at that time I was not aware
that Dr. Rolph was in any way implicated in
the rebellion, and I could not understand why he
should, as he had done« clandestinely leave the
country. Mr. Bidwell told me that Dr. Rolph's
reason for gonig away was two-fold: — first, he
feared he might be apprehended and committed

8"con'lly, he was afraid that Mackenzie and other
traitors might attempt to spnd messages and ad-
dress letters to him, and thus apparently implicate
him in their schemes, with which he was reaulve.l
to have nothing to do. Without impeaching Mr.
Uidwell's veracity, neither of the.se reasons ap-
peared satisfactory to me. Dr. Kolph h.^d the
best evidence given him that he was not suspect-
ed, as he had been selected by Sir Francis Head,
as the medium of communication between him
and the insurgents, and whs commissioned to re-
quire them in the name of their Sovereign to re-
turn to thoir homes and thfiir allegiance, in which
case they would be forgiven. And as to the at-
tempts he apprehended on the p rt of the insur-
gents to hold correspondence with him, he had
nothing to fear if be were disj-osed to act as an
honest and loyal man should, viz at once to dis'
close the nature of any treasonable communica-
tion that might be made to him. However the
matter passed from my mind for the moment, and
it was not until some time after Mr. Bidwell left
the Province that information was given, that
too clearly established a guilty correspondence
between Dr. Rolph and the traitors. Had I been
aware of this fact at the time I wrote to MrBidwell,
I do not think I should have written him the pri-
vate letter which his friend has published. At
the same time I do not wish to be understood th.at
I believe that Mr. Bidwell was aware of Dr.
Rolph's traitorous conduct. The sentiments ex-
pressed in my letter are those which I sincerely
felt for Mr. Bidwell ii^the private relations of life,
and I am anxious to exclude from my mind the
suspicions entertained by others, of his want of
sincerity.

In the course of the conversation which occur*
red with Mr. Bidwell on the first or second occa-
sion, 1 do not recollect which, he spoke of the un-
pleasant situation in which he found himself by
the criminal conduct of the political party with
whom he had for so long a time been connected,
(or rather, Ishould say, with that portion of the
party that had joined in the revolt,) and he ex-
pressed very strongly his wish to leave the Province;
so strongly indeed, that it would not in the least
have surprised me at any moment to have heard
that he had taken the resolution to remove to the
country of his birth. I well remember his saying
that he had little hope of being restored to happi-
ness while he remained here ; and I did not hesi-
tate to tell him that I thought he would do wise-
ly to leave the country — that his professed politi-
cal op' jions were entirely at variance with the
monarchial Institutions of England — and that he
must now either abandon those opinions, or bo
constancy subject to annoyances and mortifications
of a most unpleasant description. I had no right
whatever thus to address Mr. Bidwell, but I did
so in the spirit of friendly candor : he well knew
what my opinions were of his political character —
I had fully and freely stated them on various oc-
casions in the House of Assembly in his presence,
but particularly when I offered an ineffectual re-
sistance to his election as Speaker in 1834-5.
I then declared ray conviction that he was hostile
to British Institutions and to British connection,
"and referred to facts in support of this op nion"' ;
Mr. Bidwell was of course present, and was
surrounded by his friends, who at that time
constituted a majority of the Assembly. The
sentiments I then expressed I continue to enf''-
but just to say that thev '*ere

and other
63 and ad-
implicate
,s resolve.}
iching Mr.
pasoris Hp-
1 ll.^d the
)t suspect-
cis Head,
ween liiin
ined to re-
ign to re-
, in which
to the at-
the insur-
n, he had
act as an
nee to dis*
)mmunica-
iwever the
)inent, and
uiwell left
iven, that
spoiidence
lad I been
r.Bidwell,
im the pri-
shed. At
rstood that
re of Dr.
iinents ex-
I sincerely
ms of life,
' raind the
lis want of

lich occur-
cond occa-
I of the un-
himself by
jarty with
connected,
ion of the
and he ex-
c Province;
a the least
have beard
ove to the

his saying
d to happi-
d not hesi-
id do wise*
ssed politi-
9 with the
ind that he
ions, or he
rtifications
ad no right
, but I did

well knew
:haracter —
various oc
s presence,
ffectual re-
in 1834-5.
was hostile
;onnection,
I op nion"' ;
, and was

that time
bly. The
8 to ent''"-

thev '*ere

strcngthenpd by the perusal of the extracts from
his letter addressed to Dr. O'Callaghan. This
declaration J leel myself compelled to make in
';ousequeiice of the publication of my private letti-r
to Mr. Bidwell — the piinliug of which, however,
I do not myself complain of, if placing It hefoie tlio
public has afforded any gratification to .Mr. Bidwell
or those interested in his wellare.

The next and the last time I saw Mr. Bidwell
was, as he passed ont of (joveritmcnt House after his
interview wiih Sir Francis Head, ai.d on which oc-
casion lie declared his intention to leave the Pro-
vince for ever I do not reccPcct that I at that
time spoKe to him or he to me — I think not — and
I certainly was not aware of the nature ol his con-
versation with Sir Francis Heavl until I was some
short time afterwards told of it by His Excellency.
The Correspondent of the Kngston Herald who
signs himself " A United Empire Loyalist,^' as-
serts that "Mr. Bidwell was morally and virtually
compelled to leave the Province by Sir Francis
Head" — and that he (Sir Francis) had " kobbeo
Mr. Bidwell of ihc ri^hfs andpnv>le<res of a British
subject.'^ And applies epithets to Hit Excellency
personally, as well as to bis public conduct, so of-
fensive and unauthorised as very clearly to prove
(in my opinion at least,) that ho is far less the
friend of Mr. Bidwell than tho enrmy of Sir Fran-
cis. Mr. Bidwell also in his le^itjr of the 27[h of
December last, speaks ol his •' banish incut,'' which
he says was "cruel and unjust" — and m h's letter
of the 12th April, he states he was " ccmpcllfd'' to
leave the Province, and that Sir Francis had done
him "a great and cruel wrong."'

Now I will merely ask any dispassionate man of
ordinary understanding to peruse the two letters
arldressed to Sir Francis Flead by Mr. Bidwell, the
first dated at Toronto the 8i.h December, 18:37. —
the very day on which he determined on leaving
the Province — and the seci^id from Lewiston in
the L'nited States, on the Uth of the same month,
and then ask himself upon what possitde ground
Mr. Bidwell could venture to make the assertions
contained in the letters I have refcrrtd to ? Mr.
Bidwell is admitted on all hands to be a man of
considerable talents, and that he well understands
the meaning of the wordo he uses — he also is a
cautious man, and is well known never to admit
any thing in favour of a poiiiical opponent if he can
.ivoid it, — unless, therefore, he be a dishonest or in-
sincere man, he meant what he wrote wlien be ad-
dre.i8i'd Sir Francis Head, the following letter : —
'• Toronto, 8ih December, 1837.

"Sir, — In consequence of the kind conversation
of your Excellency this morning, I have determined
to leave this Province for ever.

I am aware that the circumstances to which your
Excellency alluded are calculated to give rise to
suspicions against me in relation to this insurrec-
tion ; and while they would be likely to render my
further residence in this Provincs unpleasant, they
make your Excellency's kindness the more worthy
of my deep and lasting gratitude.

I am confident, at the sania time, that the inves-
tigations which will now of course be made, will
luily icujOVB these suspicions from jour Excel-
lency's mind, and will disprove that any such at-
tempt was in contemplation.

I have the honor to be, most respeclfully, your
Excellency's grateful servant.

(Sigi. ') MARSHALL S. BIDWELL.
His Excellency Sir Francis Bond Head."

Here we have the true reason of Mr. BidwfU's
determination to leave the Province-the same rea-
son that he gave to myself the day previous for de-
siring to remove to ai:other country, viz. — That
^^ suspicions existed a gainst Jiiin in relation to
the insurrectionary movements tvhich were
liktly to render his future residence in the
Provittce vnpleasanl" Not one word or sentiment
is to be traced in this letter that implies in the most
remote degree, that Sir Francis Head desired
cruelly and unjustly to banish him — how can Mr.
Bidwell or his Inend reconcile this attet-thought
— this utterly unfounded assertion with his admis-
sion that " His Excellency's kindness was worthy of
his deep and lasting gratitude^ Wete it not for his
second letter dated Lewiston, the 11th December,
Mr. Bidwell or his friends might pretend that he had
been coerced into writing that of the 8th, but in
this latter communication, when he was freed from
all alarms-removed from all undue influence, he be-
gins his letter by stating that he " avails himself of
the fust leisure ntomcnt at his command,to repeat hit
acknowledgments for His Excellency' s personal re-
gard and good wishes during His Excellemy's con-
versation with him on Friday." This letter con-
tains other equally strong expressions of gratitude
for the kind treatment he had experienced from
Sir Francis Huad ; and although be states that Sir
Francis intimated a wish that he should remove
froni the Province, he no where isserts or insinu-
ates that he was coerced into leaving it. Re-
peating, therefore, what I have already stated, that
Mr. Bidwell (being admitted to be a person of good
understanding and ability) is either a man of truth
and honesty or he is not — if he be a man of truth,
then upon his own deliberate admission, he was not
banished from the Province, but left it because his
continuing to reside here would be unpleasant ;—
neither was he cruelly or unjustly treated by Sir
Francis Head, but the very reverse — if he be not
a man of truth or honesty, (which must be the
case if he denies the truth of the admission made
l)y him in his letter of the 8ih and Ilth December,)
I take it for granted no person of respectability
will feel much concern or interest about him.

There is another point of view in which it ir
proper that this case should be presented to the
public, and u is this : — Assuming it to be tru« that
Sir Francis Head, when he met Mr. Bidwell, told
him that he was in possession of several letters ad-
dressed to him, which he had not opened ; that he
was suspected of being concerned in the rebellion,
and that unless he agreed to leave the Province,
his letters would be opened, and that he would be
arrested in consequence of the suspicions enter-
tained against him — what ought to have been,
what would have been the answer of a man con-
scious of innocence and rectitude of conduct?
Would he not have spurned the degrading propo-
sal, and claimed, as a matter of right, an immediate
and solemn investigation into his conduct 1 Would
a man pure in his owti mind and resolved on
transmitting the inheritance of an honorable name
and unblemished reputation to his children, consent
to abandon the country in which he had lived from
his infancy, rather than encounter a trial upon a
false accusation of being a Traitor 1 It seems to
me impossible — and I have never yet heard politi-
cal friend or enemy of Mr. Bid well, with the excep>
tion of " A United Empire Loyalist" say, that
they would believe that gentleman innocent, if they
supposed he left the Province because he wj

Rfrsid to submit himself to the judgment of the
country upon any charge that might be brought
against him. In truth, however, Mr. BiHwell was
never threatened wilh a prosecution — nor was it
ever intended that any should be instituted against
him, and this I am convinced he well knew. But
althoujjh such was the feeling entertained towards
him by his political opponents, is ilnotp quite clear
that he was as innocent as they believed him to be ?
What is the meaning of this di.-closure made by his
friend and apologist "A United Empire Loyal-
ist? " "/i the examination of some of the inxurgevts
I have been informed it ippcared that they had
gone to Mr. Bidwell some time before the

INSURRECTION TO ASK HIS OPINION ABOUT THE
MEASURES RECOMMENDED BY MACKENZIE,

and Mr. B. replied thit he had no opinion to
give— that he had altogether retired from
polities!" So then, notwithstanding the duiy of
his allegiance — notwithstanding the oath he bad
taken to disclose and make known all traitorous
conspiracies against his Sovereign, Mr. Bidwell
although apprised of the measures recommended
by Mackenzie — although he was asked his opinion
of them, felt that he discharged his duty to his
courtry, by merely staling that *' he had no opinion
to give — that he had altogether retired from poli-
tics !" If this be true, and most assuredly the com-
munication of "A United Empire Loyalist,"
bears internal evidence of having been compiled
from facts " furnished by authority," there is ample
grounds for supposing that Mr. Bidwell had other
and more cogent reasons for leaving Upper Canada
than the desire alleged to have been expressed by
Sir Francis Head. Any one wishing to oniain the
probable explanation of these reasons will find it in
any work upon Criminal Law, under the title
•'Misprision of Treason" — of ihis crime Mr. Bil-
well was guilty, if as his friend states he was in'
formed of the designs of the Traitors before the
rebellion, and neglected to disclose them.

I will now close the observations 1 have felt if
my duty to make, by calmly remarking upon the
singular inconsistency of " a United Empire Loy-
alist," in attempting to agitate the public mind at
this moment of all others, upon a matter so little
entitled to consideration at his hands, if he really
have " no fellowship wilh the leading political
opinions" of Mr. Bidwell. It may be, that A United
Empire Loyalist is the determined enemy of Sir Y.
Head 4- feels gratification in assailing his policy up-
on every occasion when he thinks he can excite feel-
ings of hostility against it ; but it may be aeked,
is it becoming, or is it manifesting a decent respect
for the strongly and unequivocally expressed wishes
of the loyal inhabitants of this Province of all par-
ties, that peace and harmony should be restored to
it, to endeavour to rouse into angry and indignant
display, the same passions and the same party
spirit, that has so recently been subdued, and
which while it existed produced the most disas-
trous results 1 I feel satisfied that the great body
of the people of this Province deprecate the
discussion which •• A Ignited Empire Loyalist"
is attempting to excite. Every one knows
that if Mr. Bidweit has had injury done him,
redress is open to him through other and more
legitimate channels than angry discussion in a
newspaper, and it will be difficult for the Corres-
pondent of the Herald to persuadt .iis readers that
a disinterested desirp to v)btain jUBiice fur an al-

leged wrong, is the true reason for his addtess to
live puhljc.

Sir Francis Head is absent from this Pro-
vence, having voluntarily resigned the Govern-
ment into the hinds of his Soveieign. His ad-
ministration is now matter of history, and it is the
right of every one to discuss it, and express his
opinion upon its merits. The imperfectibiliiy ut
human nature forbids the belief that he, at all
times and upon all occasions, pursued that course
of policy which in the event proved entirely
free from error. But there is one point upon
which every candid and upright man mast agree,
viz his ardent, sincere, and enthusiastic attach
ment to British Institutions, and British connec
lion. When he arrived in this Province he found
a party in the ascenilant whose political opinions
he believed were hostile to the maintenance' of
the authority of his Sovereicn, and to the real
and permanent interests of the people he was ap-
pointed to govern. With a noble courage and
unflinching resolution he devoted his vigorous and
active mind to the redemption of the country from
the baneful influence by which it was kept in con-
stant agitation, its liest interests betrayed, and its
energies paralized. He rommencrd his measures
by a calm and dignified appeal to the reason <f good
feeling of the opponents of the government; he was
met with insult ty-scorn- 4* *>' length the long delu.
ded Eiectors saw that they had been yielding their
support to the enemies ol their cherished Constitu-
tion, dj-not to those who he nesily aimed at advancing
their welfare; c?- they called upon Sir Francis Head
to relieve ihe.n from the discredit of being repre-
sented by men who had so grossly deceived them.
He complied with their Piuitions, and a political
regeneration was accomplished in this PiovincR,
such as probably was never before witnessed in
any other Colony, and at the n;>oment Sir Francis
Head left Upper Canada distinction of political
parties might be said to have been annihilated. —
Do we then owe the man who has aflforded us the
opportunity of gaining for ourselves these impor-
tant advantages, and relieving our character from
the foul charge of disloyalty that had been prefer-
red against it, no debt of gratitude, no feeling
of thankfulness and respect for the good
he h.is done for us, and which he did not hes-
itate to peril his own person, character, and
fortune in achieving ? Is it because a difference
of opinion may exist upon some abstract question,
or some isolated point of policy, that all which previ-
ously commanded our admiration 4" approval, is to
be blotted out from our recollection, 4 the moment
his back is turned, trie language of applause is to
be changed to that of condemnation ? I have too
good au opinion of the moral honesty and gener*
ous feelings of my fellow subjects in Upper Ca-
nada, to believe that they will approve of the at-
tempt to fasten such an imputation upon them,
however plausibly or earnestly urged : and I en-
tertain the confident belief that they will resist
every attempt, however speciously made, to draw
them into political discussions, which can be pro-
ductive of no good, but mdy lead to infinite evil.
The public mind requirrs trarquillity and rfpose,
and whoever attempts to prevent its perfect estab-
lishment is an enemy to his country.

Your obddient Servant,
C. A. HAGERMAN.
Toronto, 17th May, 1838.

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