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MICROCOPY RESOLUTION TEST CHART (/rCi otia ISO TEST CHART No. 2) 1.0 I.I 1.25 1 50 '1"'=^= ■T 113.2 IT IIIIIM 2.5 2.2 m 19. 1.8 1.6 ^ ^PLIED jyMGE_Jnc ^Sr^ '653 East Mom Street — .^ Rochester, New York 14609 USA {"«) 482 - 0300 - Phone ^= (716) 288 - 5989 -Fax w THE ^ • NATURALIZATION BILL, AS PASSED BY THE HOUSE OF ASSEMBLY AND LEGISLATIVE COUNCIL, AND RESERVED FOR mn M^\tuxr» Assent. THIRD SESSION NINTH PROVINCIAL PARLIAMBNT. r .1 t ■ Also, THE ADDRESS OF MESSRS. JONAS AND CHARLES JONES, TO THB INHABITANTS OF THE DISTRICT OP JOHNSTOWN, AND THE REMARKS OF «' AN ANGLO-AMERICAN FREEHOLDER" THEREON. h Printed at the Herald Office. 1827. V fXaturaliz:allon Bill. Wliere«9 many persons have bprome rciJ- dent in this rroviuc*; who ha>e coixrateil IVoin the llnifed SUte» of America nl nee ihe ye;*r one thousand seven hundred and c'tc'ily 'hree, and have not Ijclmi natuialized as Hrilish su:>- jpcts by any act of parliament; an*! whereas there are also in tliis province; many personi whu have coiiie from other foreign cnuntiies, and many reduced ofi'icers and soLl ers of fo- reign c.-^rps, l;ile in his majesty's scrvicf, who are not sibjects of his majesty Uy birth or nat- urnli/ation ; And wherttan of ttic persons abjve described the greater nui.il)cr caine to tliis pro vinf-e intendinijf !o become permanent settlers therein, and having been formerly conjidereJ tube entitled to all the rights of sub-ects, have been hertfofore permitted to e^erciae the stme, and fro'u the impressions which have formerly Tcry generally prevailed with respect to the civil rights of persons emiffratinjj to this prov- ince it would be ditRcult to proA id: an adtqnate remedy by anjr other than a general provi.i on : And whereas by tn act of the parlianifnt of the L'nited Kingdom of Great Britain and Irclund, passed in the 7ih year of his present majesty's reign, etitled, " An act to amend so much of an act of the thirty first year of his late majes'y as relates to the election of members to serve in the legislative assembly of the province ofUp- «er Canada," it is enacted, that all persons naturalized by any act of the legislative coun- cil and assembly of the province of Upper Can- ada, assented to by his majesty, his heirs or suc- cessors, shall thenceforth be and be deemed competent in the law to be si.tnnKmedtothe le- gislative council of thes.'id province of Upper Canada, and to vote at the election* of members to serve in the legislative assembly of the said province, and to be elected at any such elec- tion .• And whereas it is expedient that all the persons above described, who at the time of the passing of the said act were rtsident in this province should tie naturaliaed ia the manner hereinafter mentioned. Be it therefore enacted, &e. That all per- sons actually doraiciltid in this province on the 26th day of May, 1826. who are not now legal- ly entitled to be regarded as natwrai born sub- jects ofHis Majes^, but who have inhabited and resideiin this province ,or els^ where with- in His 'k'sjesty's dominions, for the space of seven years next before the twenty-siilh tlay of Ma) . in the S'ear pfori^siij, without having been, during that time, stated residents in any fot eign eountry, or who. being actuslly domi- ciled in this province, on the said 26!h day of May, iu the year aforesaid, shall continue to re- aide ti rein until they shall have been resident ivihabitants of the said province, or of some o- ther part of His Majesty's dominions, for the space of seven years continually, without hav- ing been, during that time, stated residents iu a- ny forei^yn country, :md vvlio ' e'niy of either of the drscr piioiis ul' ; (•-•'Ons ab."'Vf imniumpd, slial' t.'ikc and subsci- bp Mifoath in 'lit- >i-.'i>d. ule to th'S net annex -.1, m.vkcl .\. or iu'i.i^ if thise ptTsuns IV h'), b\ the !.»« « of tlii« jiroiin cu aiT allowed to afilrii in fisil rases. »ii:>ll in.ika attirma'.ioii to lli«* sami rH'i ci befoo smnc iiie ofMie pf-sons duly autlioiist-d •.mdertlic provi- sions o*'this art toad iiii"S»er sucl; oitli. or l.iko (lUch afhrmatio'i, fcliall be d'^emed, a(ijudi;Pd, aiid taken I'ltin/i t' i.' I^rt,>',rit ■. to lie. ai.d so far as respects the r capHCiiy ai ■\>^) tiint* lu.Te- tofore to tukc, hold, cLiitt, r»-covcr, iMiiVf), de- vise, or transmit any real ♦suIk in tins province of any kindornitur> whatevtrr, to 'lave bepn, H's Majesty's natural born bibjor!* tn all in- tents con»trur''on3, and purpoves >i tf they ar.de, i-ry of them had been bo/n within this pro' ince. 2. And he it Arc— That ev^ry person claim- ing to be na*ural'/td under 'his act shall bo decmtd and tr.ktn to have renounced freely a.id for ever, wiliou' rcservau..n, all allegiance to any forcifn s;a*e or power. S. \nd be it &c.— T hat any person who shall wilfully swexT tVlfiely or mp.'xe false atriraiaiioii in reg:ir'l to an matter to j Inch he nuv swear or affirm under the provisions of ih s art. iiDull be dee. lied guii'y of wilfulail cornipi.periiiry, and that every such person shall, on conviction tb«!reof, forfeit all the privileges and advanla- g< s which I'." wf>uld otherwise have been enti- tled 10 ui der thie act ; but that the rights of •- thers ill -e3p<:ct to estates dorived from or held under such persons, shall not be thereby preju- diced. 4 Ard he it &c.— That from and after the passinfr of this ac it shall be in t!i« power of the fjo'eriior, Lieutenant t.overnor, or per on adintnisioriujj the- Governniei't o'this Province, to appoint by instrument under his sum miiiui- al, from time to time, in eac and erury District •f this Province, such and so many persons as to him may seem meet fur aJministrrififj the oatha and taking tht affirmations r' quired by this avt, and that each arid every of such persons, no to be appoinied.Jshall administer the oath or affir. matioii by this act required to any pemwr. above th'i age of sixteen ycar< who shall ilesirt- t« take the said oath or mak.e Burh aftirin*»Jon for the purposes in*^-ided by this iici, and shall keep books of re{^ • ', in '.he j<^g:iiiiir of wliicft shall bewiiitoathe o tn anfJaifirmaiion requir- ed by this ac', and wiiich shall contain the col- umns and specifications d< scribed in tha .^ecwnd Sctiedule to this net amtxed, maiked D, and that in the coliinm appointed foi-^tfaat puipeee^ the person maki'ig Ihe «»ftth or iiffi i ■Twnion 5h»U set his "i.gnature, or, if unable to write, his mark in the same line of the rei;ist«r in which entrjr is made of tbo came anti description of lucb per- son. 5 Ana be it, &c-~Th»t duplicat* bo.ks of such reeWtry shall be kept, both of which beinff niarlts of the person si.bicrb.iiif. and that on or before the ihirtv first day ot December. n .ach and every yeur, ihc person making and J'e,in^ the sJdVK>stershall depo... one ot fhe originals thereof in the oft.ce of the clerk of vhe peace of the I) Mri t where such persona Bhall reside, and transmit the other «r.>r>nal re- e;,ter for the same year to the secretary of the Province for the time being-and that tht- said book, of registry shall remain and be preserv .das public records in the said wlhces rcspcc- ^'"e'^And be it, 8cc. That if from any casualty either of such original reQ:isiers or any part thereof shall he lost or d-s'royed. .t shall b« supplied by a copy taken from the other orig- inal of snch rej^istcr renum.ns,' .n the <- hce of the clerk of lUe peace, or secretary of the Iro- vince. (as the case may be) and attested as a true copy npon the oath of the ott.cer having custody of the sun..-, made t.'-forc any commis. sioner for taking umdivittin the Court ot K.ng a Bench, whicli copy •'. attested, shall he rt-Rar- ded to all intents and purposes as the ongin&l re fister. , . „. . 7 \nd be it further enacted. &c — Ihat a copy or extract taken from any book of reK'iStry made under the auHmrily of this ac ot the vhole entry made in iuch register *.ih respect to any person whose name .r. recorded tlu'reir, and certified by the clerk of the peace, or sec- Mtary of the Province for the time btinjr, or their'respeciive deputy or deputies, or by the person keeping such register, before the same shall have been transmitted to the clerk ol the peace or secretary, shall be deemed and takeii to be sufficient evidence of the naturalu'ation of the person there. p described. 8. And be it further enacted SiC— That no pers«n who, on the said twenty sixth day of May, in the year of our Lord iBJfi. had been puny, ■■• >•■■» J"— -• - : 1 u I • resident in this I'rovinre, or elsewhere in his Maiestj 's dom nions, as aforesaid, for the space of seven years, shall be entitled to the benefit of this act. unless he shall take the oath, or make the affirmation and subsiribe the record thereof required by this act. on or before the first day of yjarch, which will he in the year ot our Lord 1831); and that no person who, being resident in this Trovince, on the said twenty sixth dav of May, had not then been resident therein, or elsewhere in his Majesty 3 dominions as aforesaid, for the space of sev.n years, shall be entitled to the benefit of this act, iinlesshe shall take tile oath, orniake the affirmation, and subscribe the record thereof required by tli'S act, within the space of three years from' Uie compieiioii of ius residence ior the spare of seven years, as aforesaid. Tro- Vidcd a wa)s nevertheless, that if any person, It the time of his being entitled by residence to slaim to be naturalized under this act, shall be mder the age of sixteen years, it shall and may t lawful f«r aiicb person to avMil himself of the provisions of this »et, at any time within three years after his attaining the age of sixteen years, y. Aii'l b It tuilher cnii«.t.. il by inv aa- thor.iy aforesnid, that if .viv person not en- titled to I)- regarded iis a Nuural Horn Sub- ject of IIi> Mctjestv, who on tin' twenty -sixth day of Miy one llnuiSiiid eight liundi 'd and twenty six was doiuir.iUd m this rro^ince, shall di • before the prriod linniLd hy this act for his taking th" oath uc rording to Uie provisions thereof, su( li person sh^ll he ncv- ercheh-ss dremed to liive btcn a natural born Sutjetl of His M.ijisty so far us re- gards the holding an I tra sf'.-rring of any real estatp by devise or inheiiiiii'V. 10, And he it furtlur enacted, 2cc,— That nfter the lirbt day of January in theyi-afof our L^rd 0110 thousaml eip.lit hundred ami forty live .the bfVfial offi>tis to whom it shall belong, shall without delay, transmit the U' gistcrs then ri-iiiaining in tlnir custody to the S creiavy of the Piovini.e and C-Urks of the Peace respectively as dirertcl by tins act, aiiH that aflrr th'' said first d.iy of Jan. no further oaths shall be a;imii'i-.tertd, or lirociedings had for liie purijose of b^ing tiaUiraliz'-d under this act. 11. And Leit further, 8cc.— That whcn- evrrany of the persons appointed to admm- istT the oaths and make the records there- of required by this act shall transmit any book of registry to the office of the clerk of Xhf Peace or to the S.eretarv of this 1 ro- vince as herein before provided, he shall at the end of such book of registry verify the sani'- on oath, to be taken before some one id his M-J-;slv's Justices of the I'r ace, in which he shall depose that such Ijook of registry forms a true and correct record ot the state- ments made to him by the several person* therein described, and whi h thcv severally verified by oath or ufiirmatiou taken before hini. . 12. Providid always, and he it turtUci^, 4c, Tliat if any person to whom it siiail belong to attestthe truth of any such record, shall neglect or omit to attest the same in manner"^aforesaid, he shall forfeit and pay tiie sum of 2001. to be recovered by intor- niation in his Majesty's Court of King's Bench ;hut such omission shall not prejudice the rights of anv person who may ha\et..ken the oath or made the affirmation reqmrec', by this act, or preclude him from rcctiving a certificate or er:tract according to the pra- visinns thereof. 13. And be i*, iVc— That a general alpha- hf tical list sU;i!l he innde and kept by the Secretary of this Province and by the seve- ral cleiksofthe Peace, of iha Surnamfs and Christian names of all persons whose names and descriptions are recuded in the several bonks of registry, referring to their place in such books' respectively— and ihut such list I f within three lixteen ye»ri, by Uiv^ au- I'sfHi lint enj> ril Horn Siib- wuiity-sixth )iiinli (\ and is I'roun'-e, iitL(l l»y admiii- etordb there- transmit any f the clerk of of tliis Pro- 1, he shall at ry verify tho e some onp of ace, in which k (if rfgi?try d of the statc- vtTul person* hpv severally taken bi.'fore he it further, honi it shall f sucli record, : the sanrie in irfi'it and pay ?red by intor- lurt nf King's I not prejudice lay ha\e taken ion Tf qnirei", hy m rectiving a ng to the pra- p;pnfral alnha- d kept by the ni\ by thf seve- 1 Surnamfs and s whose names 1 in the sevi-rul o their place in d that such hst and books shall be opruatail times toin- gnertion during tht- hours of husin.ss ni »u^l» orticc, ai.d that any p. rson d nrons ot gearchint; in 'h-- said h»t ori.c.oks >hall pay to the ollioer kc. pui? the sain . one slnlhi>S for earh p« rson whose name he stiail diaue to search f >r. 14 And be it further enacted, ifr.— I Inl nnlbins in this act conta.ntd shall he I .ken to repeal or in any u"«i>n< >' alter or alh cl any st^tiiie passed by the Legislature ol tins Provlm-c r.si)etii.g the qaahfications ot voters for \h m'jtis lo serve m the Ass. in- bly of this Piovinre or the eligilnlity ot Mem- bers tos«rv.- in the said As.emhly or m any manner to afF etor iuterfrre with a ceit .ii act of the L.Ki^ht.ureof this Piov_ince pas- sed in tlie 54'hvear of his h.te M'J'.stv s KtiKii, enii'h.l. " an act to d- elare certain persons Iher.ia (Usi rilvd ;di. ns and to vest Their .Slates in his M j-sty." or with any pr ceedingshad theruipon, or t.. r peal any laws now ill force in this Province Uv the iiatiif.iliz.ition of t'orii;'! rs. 15. And he it ^c— That from and after the passing of this act,. .o person shall be disturb.'d in the posses^i•.n or shall be pie- .'lu.ied from ihe recover v of anv lanils, tenements or hereditaments in this ProMtice, rn the g.ound of his or h-r ijeinR or having been an aluii, or on the s^roiind of any per- son from or thro* whoinh or she may clmii, being or having been an alien, provided the person against whom surh disability shall he V) olijected being a female was resident in this Provipce, un ih^; twenty sixth day ot May one thousand eight hundred and tw( iity six. or bii.ga male, was resident in this Province, on the twenty -sixth day ot IVliy aloresaid, and was then actually under tho ae:'' of sixteen years. '^ 16 Anrl he it be. That in all cases where any person claiming to hold as ne:it entitled on account of any person n^ar in the hue ot descent having been an alien, shall, ». virtue of such cUim, have taken actual possession of any real estate before the passing ot thss act and have made improvements theereon, and also in all cases where any person claiiri- me to hold as next entitled on account ot the beison nearer theline of descenthavingbecn en alicn.shall have actually sold or departed kith, or shall have actually contracted to sell or depart with his real estate he fore the pas- ' sine: of this aci.no person being -he time in adverse possesslonjof the same, the provisons of this act, shall not extend to render invalid • . . ,;-i-, ».. ",."h "'-■t..ip hilt "lir.h any riiTUi: ur ii-.te tv ^u. n .,i..vi, -u. -. - [r.g'it or tit;.-, shall be taken & adjudged to be, las if this aa had not been passed ' A I Jo swear (or being one of the persnris allowed bylaw to affirm in civd cases, do aflirm; that the entry iu this book of regis- try contained, in one column of which entry I have Mibscnt)td mv name, ('^r »>t my mark, !\H the case may b. ) .s true in every parii. iilar U^ the b. -et oi my knowledge nnel bel^l ; a.id that I have resi.h d seven v«»r)i .ihis M.ijesty's dominions without having been, during that lim.i a st .ted r. sident in miv feiieigii toiiutry ; and that I will be f ith- ful un.l bear true all gunrc t i ih.- sovreign (.tthe.imted kii>gl<'<" ofCiieat Bnt.-.i-i and Inland, and cf this Province as dependant thereon. n v; n '/I V. "^ 3 5" 3" *■ T y •^ — ft 3 2 J- --^ %^^ c 3 V c -I MF.MRKRS IN FAVOUR OF THE BILL Mf>srs. Attornry (J iitral, Atkinson, Ht. who are not British ^ horn stibjtTts, and \Oio hav< removed to this I Province from .tny Fon ign (Jountiy. without 1 having complied with the KatiiraliziM}!; l.iw, 1 whether from ij?noranc«, inadvertrnce, or I •Uierwise, to become naturaliztd and be : placed in all respects in this Province upon 1 prtcisely the same footintj with a natural ] born subject, cniitle'i to nil thv rights and « privileg'S, and suuject to all the duties, nrs- 1 por.sihilities and ohlig'itions of natural bora ' British Subjects. ' The fi!»t question naturally arising is, whit decriptions of persons now stttled in I this Province stand in need of this remedial ' law .» ! I. All ptrsf n«; bnrn in anv Foreign Coun- ; try other than the United States of Anepua. , 2. All persons hern in the now United . States before ir.S.3, wlio were opposed to his \ M.ije^ty,s arms diirinc; the K. hellion. 5. All 'hose who did not take up arn)s dur- , ingthe Rebellion, but after the treaty of ITftd 1 'Sf before their removal to this Province, by ' oath or accepta«uf of ofTi' c orolher>visH un- equivocally, declared tliembelves to be Sub- j'.cts to the Govtrnment of the United Siaies. 4. All thnsc boro ii the United States since 1783. whose F;ithcrs were rppostd to the British Anns in th« Rebellion, or who ^fccamc StibjwCts Si tilt" Tiew Oo\i-rnrut-F^t as last mentioned. The four descriptions of pf-rsons above mentioned were aliens toGiCHt Britain upon their coming into th's I'rrvince, and cannot Segally be regarded as Biiiisa subjects, uulsss they havt eomplird with the Naturalizing Law of Great Bntaiti U fore alhuied to. Iti nriler th^f every one may ju 1^'e for him- Sfcll ^vh.thcrh^ hiscompli ci with this Law, we wid britfly st^te its piovij^ions. Br the ir.thG .V II. Chap. 7, " Anv For- eign PrutestHii: wh(« sI'.alKome into His Ma- jtsty's Colonies in AuKri.;a, and shall . .side lhi.rcin s> viu ye h>, take the Sacrament in siiii' Pi'jt'^tunt C'haiTh, (not the Church ftf Kill};!. /I, d e:<(lusivoly,) anJ within thre« monthsih' n. niter take the Oaih of All. gi- anre in tht Suprenu- Cnurt, aiid register said oalli i>i the OlVu'c ot t!r. Sicretary f.t the Pro- vince, IS eiiiiij.d it» the Colonic* to all the priviitgts off! .tuiMl born Subj/rts." N'>t one {)C'rson within the Province has done so. If th?v have iiwt, can tliev be h gai- ly regarded ;■■. Biiiish SjbjrclK? The oi>vi. ous reply is, No! But it is said we have done ail tiiat has been rtquiivd of us , wi- fought fur tile country during the last war and is it now lobe suid we are net Subi'^cts ? Your conduct during the v»ar was praiseworthy, and in conformity with your duty ; but such condiK t is not a compliance with legal pro-! vi ijiis l-.y v^liich alone you could "become naturali/, Did you evet/ make til.: inqiiiry ? Fiom %vhorn did yr.u' seek tlie infoiin-ttioii •• Wf re vou told that you had no'.hing more to do than to take the Oath of All. giuice > If so, you wrre l-- l in- to frr-.>r. What is now proposr-dr .\!i Act to remetiy ilis deception -ind give vou in r» al-| i:y what you thoui;hiy;u had a y'li^hi to en I ji'V, und put it beyond all question. \ Having shown as briitlv and clearlv as pes. Siblc the dcscrijitit,!! oi pciscna itquiiisiga' I RILL. i MwcW, Fnther. itv, Lyons, Mrt' , i'eity, Pcler- iiin of I'toiite- -Mjjuiity, 4. P. e Naturalizing alliiiierl lo. i-ju li;i' tor him- with this Law, 7, " Anv For- itinto His Ma- krid sitAll . .side Saciamt-nt in ; the Ctmrcii of wi»ltio thrfB )inioiis, r. quite loUw foi iti.i' rtliit, (ml musthp n Rankd IS Bi iti!.hSiibj> cts, ai.il c*n by no law be iiiaile \."1'\\\ p-rv)ns horn within IIii M j'^sty's |)„miirunsthroUf;'.i<.at the ww.lu, rx'opt tiie ;nl .'.ic^ now ceuipruii'ij ttit UrUcU StUen of A'ti^r'tM. ./-.,- 2J.— All piTSOhs Sr> u iti the Coloni«9 nowf thtf t'liucd Si.ite'. oi Aiierica brfor* 1783, will n.'.herert to thcBtitish crown during the lib Ihoii. Hni) whu had of course preserved wi'h fli'MP allegiance their character of .'Bi'i.i*'' Suhj^f.t.v . . ,, # ft 3.— The children and grand children of those Ubt nientionftl. 41,.— Those bom in the Uiiitca Stale?* hrfor«f thk U 'hellion, but who tV«m their tender years nr oth-r cause, took no pari thcrtin au'J who after Uu- treaty, m ithei hy ahju ing alUgi^utr to tiv Briiish crown, uor in *nv oth r manner oiRnifvsted their election lu berome sutijects ef t\\t Uaiicd States. This remedial Uvr otdy affcrtss'i^h as are not now Brilijh siibj-ris, t oi doisil *Hsct suc'i as arr *htnb, uulesi tht-y chocstj ; if thty do not fv cts o: aliens ftixordmf; to the txistir.g laws -.f the Kind 'vi;,hoat respect to thin, it n>rikt« r'.ioucan alicu, nor has the P»rU\- nfnr of Uppi-r dnada the pow^r to do so, but ii make* thor,« wlio are alii tii, subjcrts, if th- y ri'sirc the- boati ; A'^d wh-.it is required to !•►' <:P':t; to obtain this boou ? A R^mr.ie oath of A'.l.-Riat!' e to he tak -n O'-fore a Com- missioner, wiihDut f: r or i owar**!. Bui it is obj ct«rl that t^y th>» iaw the per- sons na'urahz^'iup-.t'Tit i*re deemed lo h it* rrnrunr.e'i all Ai>^iance to any o;her Coun- try.— True — 'lity stai.ii in that nsp'ct upon the same ground with those born in this P (viuo'. Can any one rtesire greutT »t »ii to h'^ve it in his poTr to say in she tinr»; : f » angtr, '• I 'oii't want to I'-man a lu'.j' ■♦ ny 'o;ig*-r, I wish te j"'n the e\e ny wh' lavr«- iii-,.i.r,d i>.c .•••unt»», uw^ ^jgHin s^^k th'' pt' .pct.ort cf -.h* ''CMrlP' in whlcft I wa« born." Tf such liiere i.^, they are ^\ot th^ ■»nftj; c»', w^*ir,ki sbeuic itihjVit a BriiisU Cil.'ny. Li: thTe b*- uo J'.uiHe i'l> gi«n.-.e, but kt al' Hiand ti^on tii«r sa.o^ sotting, whether natural born subjects, or subjects a hy Act fif Naturalization. If any one natural- ized uiuU-r thii Itw, or a natural b Mil »ub- jfCi »h mid think proprr at miit future perioil toriinovf to the l'nit«f»! Slat's uwd should I'v tiund in arms .-igHias. Uf kiog of Great B/laui, U t them bmh bi- liald* to the siine law and the same pcii iKies, hiid d a natur*! honi su'-ject for aov nci against the UritLsh (iovt rniiiint is cnnsidcnrt culpable by law, it is t)ut nasouhblc that h*: who shall enjoy the sarnf privileg.'s, by naturalizition, should bf S'lbiiTt to the prni\ltics. The clause in th'J bill by which those naturalized Qi>d«r its provisions are dccmid to have re- n'luuf.cd tlif ir all^g^.lnce to any fereiKn |iow- er Ls eo'npli t»ly in accordance with our (onstitutiun. anil inakes no aU( ration of the exist;! g laws. In proof of this wt refer to the first »oi. Blacl<8tone, 969, where it is laid d«wn tliat " Natural AlU glance is per- prfual, aud cannot be forUitcd,canct;llfd or altered by any f.'.ing'* of 'imp, place or cir- cuinbt^nee, nor by any thing but the united C'.iHiiirrenc »«f the LegisUture." To ihow 'h*k those naturaiiai^d bv art of Parliament i^'nnd upon the sa-ne footing with natural born Mihjrcts, enjoying all the rights of British subjects, and subject to all their r«8prniii!nljtins, we rcf» r to the same autho- •■'ty. P'-n^ ^^'*» where it is laid down that " Na.uratizition cannot he ptrformrd but by act of P'.rliatntr.t, for by this nn uI'lq is put in eXbCtiy the same state as he had been born in the king't. Itgianct," except that in Efifl^land he j.aonot b; by our Uw the privilega of bc- coni are not, su!>j'H't3 '.i its provisions, is inconsistent both with the terms and the principle of the bill, and liable to the o!)jection imputed by the At- torney General to the amendment which he opposed, that it " was designed to encourage in a fatal delusion persons who might be misled to believe that the act was not in- tended for their benefit." Your vague o- pinicn, on that point, referring to the con- duit of individuals, antecedent and subse- (juent to the Treaty, and not to the Treaty itself, to determine whether thcv are sub- jects or aliens, appears calculated to mislead scime of your constituents, who are within the dejcription of the bill, to believe that, for political reasons, they will not be with- in its operation. The descriptive terms have already been stated and considered. The principle of the bill is the same as was adopted, in 1824, by tbe Court of King's Bench, in the case of Doe on the deiiiise of Thomas ,S' wife a- gainst A'-h'm, in which it was held, that Jii:He.i J.ndlou'. father of Mrs. Thomas, one of the Plaintilli, although he was born a .British subject, in the Province of New- York, and took no part in the rebellion, but, with all his family, was a loyalist; yet, because he was resident in the State of New- York it the date of the Treaty, September 3d, 1783, was changed by the Treaty into a citizen of the United Slates, whereby he ceased to be a British subject, and became an alien. His daughter, Mrs. Thomas, w-as born in February, 1781, five months after the Treaty; and the .^' 3Stion was whether he was then a Briti.-h subject, or not. The Court decided, that he h ji ceased to be a British subject, and become iin alien. Their decision was not predicated upontSthe con- iinu\tic,n of his residence there through the intervening five months, nor upon any act done by him d iring th;it period, or any con- sideration of his conduct prior to the Trea- ts, b'.it simp'y upon the f'.ct of his residence there at liie date of the Tre .ty, and the le- gal operation of the Treaty itself. Tti.>t de-isiiin v/as referred to by Lord Bathurst, in his Despatch, and by His Ex- cellency the Lieut. Governor, in Ins Mes- sage, oil (he subject. It was also cited and ri lied on by the Attorney General, the au- thor of yunr favourite biil. Une of you, also, when examined as a witness, in the Cise of Capt. Matthews, as to the power if drawing the line of distinc- tion, in p lint of time, bc-tvcen those inha- bitants of the Culoniro, who ret-ioed their British allegiance, and those who became < itizeua of the United States, under the Treaty, ans^ vested in t who are tl the law." ders of the ].,udlow, de ted States ai any (irior or criterion. Couforma ralization b ens those, v who emigra the year 17J Vet, for larni of som tempted to tute a vag general coi individuals til is respect tory, being the principl 'i'iie comi from Biack; ance is per caiicelled, i pi' ce, 01 cii the united ( in the san.e ly, that " jirirce cam by swearins, discharge h cr." No 2 self, or eve of a statute change a si of Thomas to, it Wis h ing sij^Ji-ori itself the fc lation. Its s ibjects int pvouressive right being tion betwe ance r.nd b According produced 1: Colonist d tion of the tiiuud a I the Treaty act of hiR < to ihi Uni that Govei the other I was residi date of the tiz^-n of th a Ijritisb s 9 th with the the bill, and d by the At- ent which he to encourage tio might be t was not in- jur vague 0- ; to the con- it and subse- ts the Treaty they are sub- cd to mislead 10 are within believe that, not be with- al ready been principle of pted, iftl824, 1, in the case mas iV wife a- as held, that Thomas, one was born a nee of New- lie rebellion, loyalht; yet, State of New- Y, September rreaty into a whereby he , and became Thomas, was months after was whether or not. The ;ased to be a 1 alien. Their LipotifSthe con- L- through the upon any uct J, or any con- r to the'Trea- his residence y, and tho !e« elf i to by Lord il by His Ex- , in Ins Mcs- also cited and ueral, the au- ?amined as a Matthews, as nc of dixtinc- 1 those inha- ret'iqed their ! who became s, under the Treaty, answered, that " that power must be viisted in t!io Judges of the Courts of iuw, who are the constitutional expounders of the laW." Those c.oiistitution.d expoun- ders of tho law, have, in tho case of Mr. Ludlow, decided tiiat resilience in the Uni- ted States at the time of the Treat>', and not any prior or posterior act of the party, is the criterion. Cout'orniaMy to that doctrine, the Natu- ralization bill considers and describes as ali- ens those, without exception or distinction, who emigrated from the United States after the year 1783. Vet, tor the purpose of quieting the a- larni of some of y^ur friends, you huve at- teniplLd to explain it away, and to substi- tute a vague, indefinite referrenco to the general conduct and political cnaracter of individuals before or after the Treaty. In this resp'jct, your explanation is I'nsatisf ic- tury, being iltdusive, and inconsistent wtli the principle and the very terms of the bill. 'J'he common lav; doctrine, quoted by you from Biackstone, is, that " natural allegi- ance is perpetual, vind cannot be forfeited, cancelled, or altered by any change of time, ph cc, 01 circumstance, or by any thing but the united concurrence of the Legislature." In the saii-.e page, he adds, more particular- ly, that " the natural-born subject of one jinrce cannot by any art of his oiun, no, not hy i.-'oearins; allegiance to another, put otl or discharge his natural allegiance to anoth- er." No act whatever of the subject him- self, or even of his sovereign, nothing short of a statute enacted by the legislature, can chun-re a subject into an alien. In the case of riionias a(<;u:ist Jckm, already refoned to, it was held* that the Treaty of 17b3, be- hvx 'r.i^Jw)ri?.L»il bv an act of Parliament, h-A itself the force i.nd effect of an act of legis- lation. Its legisl.itive eliect, in changing subjects into aliens, Wi.s iuimcdi.te, and not prouressive, or protracted, no future time or right being limited or allowed for an elec- tion between retaining their former allegi- ance -nd being invested with the new one. According, therefore, to the very avUhority produced bv yourselves, if any British-born Colonist did 'not, by the immediate opera- tion of the Treaty, become an alien, but con- tinuid a British subject, after the date of the Treaty, he could net, by any subsequent .,«{ (,f j.js ..iwf! such as swearing allegi..nce to the United St..tes, or taking office under that Government, becouie an alien; and, on the other hand, if any British-born subjtct was rei-ident in the United States at the date of the Tre\ty, he thertby became a ci- ti?.^-n of the United St.ites, and ceased to be a liiitish subject. As to the alienating ef- fect of the Treaty, there is no other criteri- on than actual residence iu the United States at the date of it. Yet, in the face of these authorities, you endeavour to mislead some of your consti- tuents into " afuliil ilelu'iion," that although they were resident in the United States at the date of the Treaty. tht;y may be exempt- ed from the legal effect ot it. Your other principle of law, cited from Biackstone, is. that " naturalization Cann.H be performed but by act of Parliament." To this principle the bill is conformed. It ac- cordingly describes as aliens the settlers in this Province, " who have emigrated from the Unilcd States since the year 17S3, and have not been naturalized a.s' British subjects by any act of Parliament." It must be by an"ac< of Pariiinient." No proclamation, order, or regulation of the Executive^ Go- vprniiicnt, such, for instance, as the U. E. List order, will suffice; nor is it sulhcieut, that they have borne arms, as British sub- jects and Soldiers, in the late war with the 'United States, or in the war of the rebel- lion. The conduct of individuals, in light- ing fir their King, In cither of these wars, WAS "■ prainu- worthy ," to borrow your own phrase, but not de< isivc of their allegiance. That, as y ur friend and leader, the Attor- ney General, remarked, " is a question of law, not ofe.rjjcdienry." If, therefore, any of your constituents, who were domiciled in the United States at the time of the Treaty, ^>ave, in this Province, since that time, been .tered on the U. E. List, which is not an act of Parliament, but a mere Executive re- gulation, founded upon political " expedien- cy," they have not thereby become natural- ized, but, in point of allegiance, stand on the same ground, according to the doctrine of common law, and the express terms of the bill, as the other American! Emigrants. You assert that " all persons born within his Majesty's dominions tliiotighout the world, except the Colonies now composing the United States," " require no law for their relief, but must be regarded as liritish subjects, and can by no law be made aliens;" an extraordinary assertion, surely, for Can- adian statesmen, legislators, and explainers of laws to their constituents. A large portion of the Colonists, who be- came citizens of the United States, by the Treaty of separation, were not born in " the colopii!s now composing the United ^tates," but in England, Scotland, Ireland, and oth- er British territ'>ries. Many of them, of Europe .n birth, have emigrated from the States into this Province since 17S3, and are within the description of aliens to be naturalized under your bill. Bu: you grave- 10 ly tell them, not only that tTiey are to he re- garded as British subjecis, requiring no law for their relief, but, what is stili more extra- ordinary, that they " can by no law he mode aliens." Fortunate subjects, indeed, in these alienating times! Let them, however, not be deluded by such a flattering but fallacious distinction. It is immaterial in what part of " liis Majesty's dominions throughout the world," they were born. Having beefl citizens of the United States under the Trea- ty, they must stand or fall with other Amer- ican Emigrants. You als.1 say thiit your " remedial law only aU'ects such as are not now subjects"; and again, " It makes no ore an alien, nor has the Parliament of Upper Canada the poio- er to do so." I am astonished to see such an opinion expressed, and repeated, by any gentlemen of intelligence and information, especially a member of three Parliaments, a Harrister of many years practice, already a Judge of two or three District Courts, and almost a Judge of the King's Bench, an or- acle at once of politics and law. This opinion embraces two distinct posi- tions; that the bill does not make any one an alien, or affect any subject; and that our Provincial Parliament has not the power to alienate a subject; both of which positions are erroneous. First, let us look to the power. The grant of legislative power, in the constitutional act, 31st Geo. 3d, is in these comprehensive words, "to make laws for tho peace, welfare, and good go-vernmtul thereof , (ih^At is of the Province) suv.h laivs not being repugnant to this act." Repugnancy to that act is the test of unconstitutionality. There was in the Constitution a clause restricting the le- gislature from passing an act of naturaliza- tion, or rather from conferring the civil rights of suffrage and eligibility by natural- ization; which restriction is removed by the amendatory act passed by the Imperial Par- liament last May, and now forming a part of the Constitution. But there is no clause directly or indirectly restraining the Pro- vincial Parliament from passing a law for the alienation of a subject, or a class of sub- jects, either by way of punishment for some trim*, or upon political considerations. It is in express terms within their constitution- al grant of power to enact such a law, when- ever it is " for the prare, inelfare^ or "■ood govenimenl" of the Province, of which they must judge, it being, in its very nature, a matter of opinion and discretion, and tot of legal certainty. They not only po/scss the power, but have actually exercised it. In the Provin- cial act, 64 Geo. 3, entitled "An act to de- clare certain persons therein described Ali- ens, and to vest their estates in his Majes- ty," it was enacted, that such American set- tlers as had, in the language of the act, re- newed their allegiance as subjects by oath, and become "seized" of lands in the Pro- vince, by Crown grants, inheritance or oth- erwi.se, and had withdrawn, or should with- draw, without licence, from the Province, during the war then existing, should be ta- ken and considered to be aliens, subjected to the forfi-iture of their estates, and render- ed incapable of holding land in the Pro- vince. If the Legislature of that day had held the doctrine that the American settlers were already aliens, they would have thought it needless and absurd to enact a law to make them so, and confiscate their estates, when nothing but an inquisition was needed tore- store their lands to the Crown. .By pas- sing such an act, they declared that those inhabitants were subjects, cap*t4B by law of being seized, and having become seized of lands, by inheritance, as well as grajlts from the Crown, which would be legalJNi. impos- sible, unless they had by law the cipacity of subjects; but, as a punishment Tor their desertion of the Province, the act made them aliens, and vested their estates in his Majesty. That act has been carried into execution. An additional act, 58 Geo. 3, was passed to enforce it; and it is still in force. Your bill itself recognizes it, and saves it from an implied repeal. Yet, to clear your favourite bill from the charge of having made aliens of subjects, you have de- clared, and, by deliberately repeating the declaration, have staked your oracular rep- utation upon It, that the Parliament of Up- per Canada has not the power to pass such an act. Having refuted your opinion on .that point, we will now attend to your other po- sition, that this bill " makes no one an ali- en," and "only atlects such as are not now subjects." The description, which we have quoted from the preamble, designating one class of the persons to be naturalized, taken in con- nexion with the rest of the bill, amounts to a declaration, not in express terms, but by clear and inevitable implication, that all those inhabitants who have emigrated from the TTnit»/i .*5fa»oo <::»<.» itqo „_« „i: The legal effect of such a legislative decla- ration, for which you have long been la- bouring, is to make thetn so; and, if the bill should unfortunately become a law, they must be deemed, taken and adjudged to be aliens. It is the usual, although not the on- ly or necessary form of naturalization, f declare ths are, or thai subjects, an act de name, or 1 are, or tha aliens, mal terial, as t tion is in e ference an bill, which fore, opera You ma; f erred to a subterfuge In its prop' are subject Parliamen But bef< tion of th; say of the 2d, C.7. For the' eryon© to with it.nr " Anyj^f*e to HiifMiJ shall resid sacrament the ChuK within thi eath of al and regist( Secretary i Colonies ti subjects." tract, in tl the prope point off; The words lorn -out o\ heir a, of si for the na fcom out Oj the citizer fore the T of," but V3 ty." The does not t( possible a] If your of the act were you perceived, be constra an imposil constituer that that £ ther inten upon the) Style of yc 11 I described Ali- >s in his Majes- 1 American set- ! of the act, re- ibjeds by oath, nds in the Pro- eritance or oth- er should with- 1 the Province, C, should be ta- iens, subjected :e.s, and render- ad in the Pro- day had held an spttlers were bave thought it a law to make r estates, when as needed to re- own. .By pas- ired that those P«t4e ^y 'i^w of ■come sf-ized of as grafts from legal^impos- IV the capacity ment Tor their the act made ir estates in his 2n carried into ict, 58 Geo. 3, id it is still in gnizes it, and peal. Yet, to a the charge of s, you have de- repeating the ir oracular rep- 1 lament of Up- ir to pass such inion on .Ihat you*- other po- no one an ali- as are not now ; have quoted ng one class of , taken in con- 11, amounts to terms, but by ation, that aU migrated from 3o ~_» ~i: 'u, arc .31ICU3. ;islative decla- long been la- md, if the bill i a law, they diudged to be ighnot theon- iralization, tt naturalizing act, 13th of Geo. declare that the persons to be nattiralized are, or that they shall be considered to be, subjects. That makes them subjects. So an act declaring that certain persons, by name, or by a general description of them, are, or that they shall be considered to be, aliens, makes them such. And it is not ma- terial, as to its effect, whether the declara- tion is in express words, or by necessary in- ference and implication, as in your present bill, which, if enacted, must and will, there- fore, operate as an act of alienation. You may affect to say that ' persons re- ferred to are aliens alread). v under that subterfuge attempt to justity . ur assertion. In its proper place, we shall shew, that they are subjects, under an act of the Imperial Parliament. But before we proceed to the considera- tion of that law, let us examine what you say of the 2d, c. 7. For the'ffrotesscd purposf of enabling ev- eryone to judge whether he has complied •with it,**!* not, you quote it, in these words; " Anyfneign Protestant who shall come in- to Hiii^ijesty's Colonies in America, and shall reside therein seven years, take the sacrament in some Protestant Church, (not the Church of England exclusively) and within three months thereafter take the oath of allegiance in the Supreme Court, and register said oath in the office of the Secretary of the Province, is entitled in the Colonies to all the privileges of natural born subjects." This you give as a summary ex- tract, in the quoted words of the act, with the proper marks of quotation. But, in point of fact, it is an erroneous quotation. The words of the act are that '■ all persons lorn out of J,he liegance of his Majesty, his heirs, or successors" Sfc. The act provides for the naturalization of none but persons horn out of the British allegiance; whereas the citizens of the United States, born be- fore the Treaty of 1783, were not born " out of," but within the "liegeance of his Majes- ty." The provision of that act, therefore, does not touch their case, and can have no possible application to them. If your misquotation and misapplication of the act were not perceived by you, you were yourselves deceived. If they were Derceived. I am afraid men of candor will fee constrained to think you have practised an imposition upon your Anglo-American constituents, to mislead them into a belief that that act was applicv-ble to them. Whe- ther intended, or not, it is really a sarcasm upon them, to ask them, in the upbraiding Style of your interrogatories, why they have not complied with a statute, which has n» appHcabilily to them. You tell them their ^^ conduct during the war was praise -worthy," but " not a com- pliance with legal provisions, ^meaning those of the 13lh Geo. 2,) by which alone they could become naturalized," significant- ly hinting that it was an affair ol their own, and taunting them with having, by their own fault, been misinformed and led into error and deception, from which your bill is to relieve them. All this you do, in the very act of misinforming and deceiving them yourselves, on this very point. While thus tantalizing them with a mis- quoted and inapplicable act of naturaliza- tion, you carefully keep out of sight the act, which applies to their case, and under which they were admitted as subjects, and as such received Crown grants of land to them and their heirs forever, and have claimed and quietly enjoyed all the rights, ana f'lithfuUy performed all the correspon- dent duties of subjects, for 36 years. I re- fer to that liberal meastire of Mr. Pitt's ad- ministration, the 30th of Geo. 3d, c. 27, pas- sed, under the auspices of that great states- man and his illustrious cotemporaries, seven years after the Treaty, with a full know- ledge of its legal and political effects, and only one year before our constitutional act, for the avowed purpose of not merely per- mitting but " encouraging" American citi- zens to emigrate from the United States in- to these Provinces, to take the oath of alle- giance to his Majesty, and reside and settle here as inhabitants. The intention of the legislature in pas- sing any act is the true rule of interpreting it. This act certainly contemplated and in- tended that these settlers should hold landa to settle on. That is implied in the very term, and is essential to the declared object of their settlement. It expressly required them to take the oath of allegiance, the ap- propriate oath and act of a subject. It, therefore, either made them, or, what is the same in etTect, recognized them to be, Bri- tish subjects, legally capable of doing what it thus authorized and required them to do. Whether we should denominate it an act of naturalization or recognition of them as sub- jects, is a mere question of words. The sense is the same. It certainly considered and treated them as subjects, whether it m^de or simply acknowledged them to bo such, and a declarcitory act is as effttctual and conclusive a law as a remedial one. This was in effect an informal n^ituraliza- tion of the settlers, generally called, and so styled indeed by our Legislature," a renewal of their c//egtflnce," by which, as mutually is timlcr;tood by the Govcrnnieiit and them, Ihey vvert", without a delay of seven yi- ai>, or iiny iillior proljalion.try term, adiniUcd ;it dice ; iuid acta aiy vested with all the ca- pacities uiid rii^htsut subjeets. In th,ase;ise till! la'.v WU3 uiuler?tood, and theretora in- Icmk-d, by the lV.rIi,uuep.t that enacted it, by hi.5 Majesty and his ministers, by Cien. vSimcoo, »vho hxl been one of its enaclf-rs, and, as the first l^ient Governor ot 'his Pro- viiue, promulgated it in his well known Proclamation, i.nd applied it in practice, & by the Provinciil Legislature and olhccrs of (ioverninent, for more than a quarter of !i ccntufv, as nppeari by the whoie course of their public I'.cts -and pr.>ceedings. It is too much to admit, that '.ill ihone high authori- ties eitlier conspired tofr-Jther to decoy antn of this rnost important l?'v, is as impolitic, as it is unjust. It will wsaktn, if i >t des- trov, the corfulcr.co of the people in the f ith of government, and the legal ^-ecurity of iheir property, the !r titles, atKl"iviin£,!its. This is as certain as the coiinexion bvtwcen pr.y moral onuses and their appropriate t-f- Th'^rc h^s been no decision of the English Courts upon ih'.' cnnstruction of this act ; nud irclcarlv d;s;iuw;iiisiioR the case of the Atnerican on,igr;!tits,' settled under it in this Province, from that of Mr. Ludlow, wlio was not within its scope, and therefore not under its protection. The authority of the present ministers nnnot outweigh that of ail former administrations, cs|i'>.-cially the one, umler and by whom the act was form- ed, enacted, and put into practical opera»^ tion. I'pon these grounds I must pdhere to the opinion, held and acted on uniformely and in all cases, by the Imperial and Provincial Governments, more ih.ai '.50 years, that the Emigrants from the L'lutcil States, settled in this Province, are British Suiijfcts, un- der and by virtue of the ait of Parliament, encouriiging nnd authorizing their emii?;ra- tion and --ettlcmcnt. But tlie ettert of your bill, decl.. ring them aliens, if efiacted into a law, will be to make them aliens, that act to tlie contrary notv. ithst:;nding. In this connexion, it is ■>n c>Hential point of con- sideration in judging of the merits of the bill. Now b't me ask you, wheth.er it was candid treatment cf your constituents, to keep out of their view the very statute, which applies directly to them, and to quiz them abor.t an act of naturalization, which is not applicable to tjirtn generally, but confined in its application exclusively to persons born out of the i'.ritish allegiance? And was it candid and fair to wink out of sight the local and p-a-tial nature of the naturalization provided in your bill, by stating, partly from Blackstone, and partly in your ovv'n lani,niage, that " nili'mlizafinn Cdiinol be prrjhrrni'.d hut by fid of ParHami'nt, for by litis an tilien /s put in e.radhj thf ftnine stole ./.•>' //'Ac had bee.i hnrnhi the Kinifs li^-canrc, except th.it in P^ngland he (annot be a member of Pariir.ment, while by our law the privilege of bcconiir.g a member of the Legislature is conceded!" Tlie words iiaiic'u-cd- are Blackstore's-; the otliers are yours ; and, taken togilher, th^v j^nvey a f.ilso idea, liiat a person naturalized 'binder this bill will be " put in exactly the same state" as a n,-.tural-br,rn subject. That is a Tni^tatpment. By tlie law of England, nrlive allegi-nce'i* not local, but universal. A natural-born subject, whether born in England, New-York or Canada, is a subject equally in all parts of his M'-jcsty's domin- ions, and in all of them entitli-il to i'-itish protcoti;mandpriviii'gw. I'ut th' nal.'ir?.li- zation conferred by your lull is in explicit terms limited to Upj.rr Ca^adi. The per- sons n.'turi'lir.od u^ider it will hiVc the fights of Briliiii subjects," wdhin t'is Pro- vbicc" only. 0,it of this panicul :;r Pro- vince, in any other pvt uT the British do- ini'iionj:, or eUewher*-, by the terms of the bill, and tiieir ov/n registered absent to it, they will be alicn>^, and even oitt-Iawf), not entitled to the protection of the British governmen They will naturalized degraded c: of Provinci cial alienis degrading. to keep it ents, lest tl be thus nat allegiance. for your ca: prudence, avoiding t shall take t regidering they have guilty of I taken unla treason, by the United recently, t' to regard a This sen strengthen and maintJ them to a losing the hard alterr and cmba themselves neighbour! birth, gem subjects. common ca ,<( 13 .'.veifrh that of tspeeiAlly the a act was fortn- r.nitical opera»^ t P'.lhere to the unifiirttic'ly and nnd Provincial yearsi, that the "St.tcs, KCttled h Suiijvcts, nn- of Parliaiiient, i» tiHMr ctni^^ra- ieft^i.'(t of your tofiacte'I into a aliens, that act ndiiisT. In this 1 point of con- i merits of the I'-hether it was :'onstittionts, to e very statute, thftn, and to naturalization, jlftn p;cneraliy, ion exclusively tisli allej^iancc? ir to wink out of 1 nature of the I your hill, hy tone, and partly " mh'ritlizatinn :l of Parliumfnt, cxadhj ilip smue n in the KhiiJ:'s ghmd he cannot :, while hy our ir.fj a niemhcr of !" Tiie words , the oiliers are , tlit>v ^nvey a tiira1i7.e(l'''li'."ider fr.ctly the samo iject. That is a w of KPvT.'i^nd, 1, but universal, hetlier born in lai'a, is a subject ^I' jc'sty's doinin- titledto '.'-itish !;!ut th.' ur.t'Uf.li- ill h in evplicit .•5d:>. Tin- per- : will iK.ve the v;.thin t: is Pro- pariicul r Fro- "the IJritish do- ihc tennis of thu rid ;':;«ent to it, en out-lawfi, not of the British {Tovemment, or any other government. They will be political monsters, half- naturalized aliens, semi alien subjects, a degraded caste. This monstrous compound of Provincial allegiance and extra-provin- cial alienism, is not more novel, than it is degrading. No wonder you weie tempted to keep it out of the view of your constitu- ents, lest tliey should feel it a degration to be thus naturalized out of one half of their allegiance. Although we cannot say much for your candor, we must acknowledge your prudence, in this particular ; and also in avoiding the question, whether they who shall take tlic*heni'Jit of the act, will not, by rc'j;istP-rms ihcrnselvc.s as ulie^is, admit that they have been intruders and imposters, guilty of having made false pretences, and taken unlawful oaths, and even committed treason, by fighting, in the late war, against the United States, in defence of what, until recently, they have uniformity been taught to regard as their King and their country. This sentiment, adopted in sincerity, and strengthened by habit, they wish to cherish and maintain^ »ut your cruel bill commands them to acknowledge it false, on pain of losing their property and civil rights. A hard alternative ! Their situation is painful and embarrassing. They cannot divest themselves of the feelings of men. Their neighbours too, of European and Canadinn birth, generally feel for them, as fellow subjects. It is, indeed, in many respects, a coinmon cause of all the inhabitants through- out the Province. The bill, when well understood, in all its bearings, and the full extent of its application, will inevitably ex- cite still more general dissatisfaction and disgust ; of which, next to the Attorney General, you, gentlemen, are entitled to the largest share. All these evils might have been avertecl, the unhappy alien (juestion buried in oblivi- on, and the' people tranquilized and united in one harmonious mass of population, without any invidious distinctions of birth or rank, by a simple confirmation cf their rights, according to the former construction of the law, -nd the practice and usage of thirty years. Such an act of confirmation would have redeemed the public pledge, done justice to all persons concerned, and produced univer- sal satisfaction. If, instead of opposing and rejecting it, you had joined in its support, your votes and influence would have se- cured its adoption, and ensured you the ap- probation and thanks of your constituents. You held the balance in your hands, and had a glorious opportunity of saving your country from impending evils. But, un- fortunately for the Province, if not for your- selves, you turned the doubtful vote in favour of this ruinous substitute, and stand justly responsible for the consequences. With due respect, I am. Gentlemen, Your humble servant, An Anglo-American Freeholder. ,i