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6
WAS
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THE QUESTIONS;
•t
WAS THE LATE REBEL PAYING MEASURE ^FORCED ON THE PRESENT
MINISTRY BY THEIR PREDECESSORS! AND IS THAT BILL A TRAN.
SCRIPT OF THE REBELLION CLAIM BILL FOR UPPER CANADA t
4
SET AT REST
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BY A RETROSPECT OF THE
14 VARIOUS ACTS OF PARLIAMENT
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REBELLION LOSSES.
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MONTREAL!
PRINTED BY J. M. FERRES & CO., MONTREAL GAZETTE OFFICE.
1849.
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NOTICE,
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The following Remarks on a very momentous subject, which appeared
in consecutive numbers of the Montreal Gazette, being considered of
sufficient interest and importance to warrant a re-print of them in a de-
tached form, for more general circulation, they are hereby respectfully
re-submitted to the attention of the public ; and this step is rendered the
more advisable, after observing the singular mystification and mis-state-
ment of the facts of the case in the British House of CommoTis,
''.^3^^oA yiOi.ijyiHi'in
Vf%
t<:- >'^ >l'\V^ . ■ . ^A. ^ >^',^
Montreal, 5th July, 1849.
^■■
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t?
WAS THE LATE REBEL PAYING MEASURE FORCED ON THE PRESENT
MINISTRY BY THEIR PREDECESSORS?
-*'>■
^*\ikj**i ¥ •■^•- t^i'f^ ■^*\isr^-
AND
IS THAT BILL A TRANSCRIPT OF THE REBELLION CLAIM BILL FOR
UPPER CANADA? &e.
.sy«u<i» >u yj
jfj;! ifOi'J
The very clear and conclusive maniler iri
which the able writer of " The question an-
swered, ' Did the Ministry intend to Pay the
Rebels V " has acquitted himself, may per-
haps appear to many, so complete, as to
leave nothing to be added ; and such is real-
ly the case so far as that unanswerabk docu-
ment goes ; but, it appearing to the writer of
these desultory notes that there are other
reckless assertions, united with this nefarious
transaction, which require to be equally ex-
posed and refuted — namely, •* that the late
measure was forced upon the present Minis-
try by their predecessors,'' and ''that the
language of the Bill is but a transcript of that
for Upper Canada," we have been induced
to volunteer our services in the exposure of
the baseless fabric of this cunningly devised
fable, and to avail ourselves of the opportuni-
ty ot expressing a doubt whethev the united
Parliament, after all, did well or wisely in
at all interfering with an Act of legislation
left complete, by the independent Parlia-
ment of Upper Canada, farther than by sup-
plying — what the Union of the two Provin-
ces immediately afterwards prevented- — the
funds necessary for carrying it into effect,
and which thereby, of course, became, past
Vspute, a debt due by the Exchequer of the
United Provinces.
In taking this view of the subject, the
writer was at first disposed to think, that the
framing of a tabular synopsis of the contents
of the successive Acts of Parliament on the
subject of Rebellion Claims in both Provin-
ces, would have aflbrded a ready and short
way ot accomplishing his object; but he
soon found that that would require the addi-
tion of a number of foot notes to render the
application of the different parts sufUciently
clear; and he was, therefore, uhimately in-
duced to prefer giving a brief notice of each
Act in chronological order, and incorporating
't-^'i^
fit
thdrewlth the'ihatter that would have formed
the burthen of the notes alluded to.
Having adopted this alternative, the me-
moranda resulting therefrom have furnished
the plain unvarnished materials for the fol-
lowing simple narrative of the striking facts
connected with the different RebellionClaim
Bills, to which we would earnestly invite the
attention of the Public of Canada.
In commencing our Retrospect of the va-
rious Acts of Legislation on Rebellion Claims
in both Provinces, it becomes our duty to re-
fer the reader, in the first place, to the first
Act passed on that subject in the Province
of Upper Canada, and to point to the close
connexion existing between the language of
that Bill, and the even stronger " wording "
of the first Ordinance of the Special Council
of the Lotoer Province.
In the former Province the first Act on this
now alarmingly exciting subject was passed
on the 6tli of March, 1838, and was intituled
"An Act to authorise the appointment of
Commissioners to investigate the claims of
certain loyal inhabitants of this Province for
losses sustained during the late unnatural
Rebellion," and the preamble ran as follows :
'*Wh«»reas during the late unnatural Rebellion
certain inhabitants of this Province sustained
much loss and damage by the destruction of their
dwellings, &c., by the Rebels; and, whereas, it is
expedient that a diligent and impartial inquiry
should be made into the amount of such losses *
be it therefore enacted, kc, Ist., that three Com-
missioners be appointed to undertake that duty
who shall be duly sworn, with authority to examine
persons on oo^A, touching all such matters, &c. ,
and to furnish an account of their proceedings, to
be laid before the Legislature," &c., &c.*
• Note. — As it would take up too much room
to quote the details of the different Acts, it is our
intention to limit our verbatim extracts to those
parts only which clearly point out the loyal bear-
ing of each enactment, opposed to the Rebel pay
ing animus which prevades the late act, leaving the
reader at liberty to refer to the Acts themselves if
so disposed;.. : .-■-.-■,... .-. . v v,i-;,v- .
■BPIP^W
■PI
Now, with respect to this act, the object
being self-evident, namely, to indemnify the
loyal alone, such a word as loyal was never
for a moment deemed necessary to accom-
pany the term^'oertain inhabitants"t; where-
as it would appear as if the Executive Go-
vernment of Lower Canada had sjme mis-
givings on that head ; for in the first or-
dinance of the special Council, dated the
20th of the following month, that now
momentous word is carefully inserted,— that
document being headed "An ordinance to
authorize the appointment of Commissioners
to investigate the claims of certain loyd
inhabitants of this Province, for losses
sustained during the late unnatural Re-
bellion " ; and the preamble is couched
in the same language as the Upper Ca-
nada bill, with the exception of reiterating
the word loyal in connexion with " Her Ma-
jesty's subjects," as being the express objects
of it ; and further adding, *' that it shall (even)
be the duty of the Commissioners to enquire
into the means which may be possessed by
the parties, who may have occasioned such
losses to indemnify the sufferers, and the le-
gal recourse which the said sufferers may
have against the said parties." Add to which,
in the oath prescribed for the Commissioners
appointed, (with powers similar to those of
Upper Canada), the words " losses sustained
by certain loyal inhabitants of the Province
during the late urmaturai HebeUion" are per-
beverjngly repeated.
Thus far, then, there can be no doubt that
the loyal alone, of both Provinces, were to
be indemnified. It is, therefore, sufficient
to add respecting this particular period, that
another special oidinance was passed the
following year in the Lower Province, ex-
tendmg the provisions of the previous one, to
*' all losses sustained by loyal subjects since
the time of the passing thereoP' ; and that
in Upper Canada in addition to the act to as-
t The writer was m a position to know this to
be a positive fact, having been actively engaged
in the rebellion, and even furnished certificates of
losses sustained by individuals, from Militia being
quartered upon their premises, which were, as a
matter of course, claimed and equitably adjusted,
though not always to an extent satisfactory, or
perhaps sufficiently remunerative to tbe claimants.
certain and provide for all just claims, aris-
ing from the late rebellion and invasion, &o,
a special one was there passed in May 1839,
making a provision for the payment of the
losses sustained by certain individuals there-
in named ; the preamble of which states
that, ** Whereas during the last Session of
the Legislature of this Province, the claims
of sundry inhabitants thereof for losses dur-
ing the late insurrection have been duly inves-
tigated, &c., &c., debentures to be issued in
payment thereof, &c., &c." And on the
same day an address to Her Majesty was
adopted, praying "that the Provincial Le-
gislature might be indemnified from the Im-
perial Treasury for such advances as may
be made from the Provincial funds, in com-
pensation for such and similar losses." Sir
George Arthur, however, very properly re-
served the former Bill, pending a reference
to the Imperial Giovernment, and according-
ly Lord John Russell, in a despatch dated
12th October of the same year, stated his
fear that in its present form Her Majesty's
consent could not be given to it, — as the ob-
ligation which would be imposed by the
preamble of the bill of providing ultimately
for the payment of the indemnity from the
British TreasurVf was a principle which Her
Majesty's Grovernment were not prepared to
recognize ; but that if a similar bill were
passed free from this objection. Her Majesty
would be ready to concur in the enactment
of it.
Accordingly, in the following year another
bill,— which, from its being the last act of
the Parliament of Upper Canada, may be
justly regarded as its farewell tribute of jus-
tice and gratitude to the loyal inhabitants of
that Province, was passed, and received the
Royal assent in October 1841, — intituled
" An act to ascertain and provide for the
payment of all claims arising from the late
rebellion and invasion of the Province" ;
and of which the preamble states, as before,
that "Whereas during the late unnatural
rebellion, and the several hostile invasions of,
aOd lawless aggressions upon this Province,
at various points, by foreigners and others,
&c., divers inhabitants of this Province sus-
.1i.
tained much Iom and damage, by the des-
truction of their dwellings and other build-
ings and property, and by the seizure and
carrying away of their property, by the
rebda and invaders and otherwise ; and where-
as others of the inhabitants essentially
contributed to the effectual defence of this
Province, by capturing many of the rebels
and invaders, by advancing money, and sup-
plying meat, drink and clothing, arms and
accoutrements, and also conveyances for
Militia forces, and otherwise, &c., &c., and
whereas it is just and expedient that all
such claims should be paid and satisfied, &c,
it is enacted thi t from and out of the rates
and duties now raised, levied and
collected, or hereafter to be raised,
levied and collected, and in the
hands of f'le Receiver General of this Province,
and unappropriated, there be granted to Her
Majesty a sum, not exceeding £4O,Q0O, &c.,
to be appropriated, applied, and disposed of
in the payment of all such claims as should
be allowed by Commissioners to be appointed
for the investigating the same ; and that
three Commissioners should be appointed by
the Governor for each District, to inquire
into the said losses, — to be sworn to the faith-
ful, impartial, and honest discharge of the
duties imposed upon them, — with power to
examine witnesses on oath, and call for all
such books, papers, and writings, as they
might judge necessary for their information,
and finally to prepare schedules in duplicate
of all claims allowed or rejected, — to be de-
livered to the Governor to be laid before
the Legislature, &c. " And it was
further enacted, that it shall and may
be lawful for the Governor of this Province,
as soon as conveniently may be, after he
shall have received the aforesaid Schedules,
to issue his warrant or warrants, to the said
Receiver General for the payment of the
several sums allowed to the several
claimants or their attornies lawfully
constituted ; and the Receiver .General
•hall account to Her Majesty, her heirs and
successors, for the same, through the Lords
Commissioners of Her Majesty's Treasury,
&c., provided always, that any claims arising
under this act may be paid, whenever the
same may be practicable, in the whole or in
part, in any debentures or public bills of
credit, which shall or may hereafter be
issued in aid of the public service, &c., &c.,
&c.
Thus, then, every necessary preparation
having been completed for the speedy liqui-
dation of the ^' just claims" of the "loyal"
inhabitants of Upper Canada, all that re-
mained was the carrying of the above enact*
ment honestly into effect ; — a debt and duty,
which by the Union of the two Provinces
immediately afterwards, devolved, as a
matter of course, upon the Executive of the
United Provinces. How that duty was dis-
charged will be exemplified in due time.
In the mean time it is but proper to add, that
up to this period, the tide of legislation seems
to have flowed equally, if not more in favour
of the " loyal" in Lower Canada ; for it is on
record that the investigations of Commis-
sioners appointed by special ordinance during
the suspension of the constitution produced a
payment, in cash, of not less than £25,000 ;
and this, as will be seen hereafter, was
subsequently increased to £35,000.
Having BO far redeemed our pledge, we
shall now proceed, without particular re-
ference to the conflicts of hostile political
parties in Parliament, to lay befo.e the reader
an equally simple and unvarnished state-
ment of facts, illustrative of the strange
eventful progress made in the liquidation of
the claims of the loyal in both Provinces,
during the eight years that have elapsed
since the Union of the Provinces.
The first fact now deserving of particular
notice, connected with our important subject
is, that during the first session of the United
Parliament, it being deemed desirable to
amend and enlarge the last comprehensive
Act of the Upper Canada Legislature, so ^s
to extend the periods during which the Dis-
trict Commissioner lerein appointed might
sit, to enable them to make their investiga-
tion more complete, a short bill, having that
sole object in view, was introduced by Colo-
nel Prince, when an additional clause, which
had never before been thought necessary, as
relating to what had all along been deemed
an inherent matter of course,— and which
mi
wmm
was oil that ground objected to by the mover
of the bill, was proposed by Mr. Baldwin
(then in opposition) and carried, enacting,
** 2nd Ttiat the powers vested in and duties
required of the said Commissioners under the
said Act shall extend, and be construed to
extend, to inquire into all losses sustained by
Her Majesty's subjects and other residents
within the Province, from the first breaking
out of the Rebellion to the passing of the said
Act, and the several claims and demands
which have occurred to any such persons by
such losses, in respect to any loss and des-
truction or damage of property occasioned by
violence on the part of persons in Her Majes-
ty's cervice, or by persons acting, or assum-
ing to act, in behalf of Her Majesty in the
suppression of the said Rebellion, or for the
prevention of further disturbances ; and all
claims arising under or in respect of the oc-
cupation of any houses, or other premises, by
H-^r Majesty's naval or military forces, either
Imperial or Provincial. *
; Having thus particularly noticed this un-
locked for additional (anguis in herba) clause,
as that of which a very questionable and
even dangerous use has been made in the
framing of the hateful Rebel-paying bill, it is
but proper to add that about that period it
had, with a very diflferent view, become a
matter of discusion between the Imperial
and Provincial Governments, whether claihis
which would naturally fall within the scope
of this posthumous clause, namely, losses
caused by operations for strengthening or
defending military posts, &c., ought not to
be defrayed out of the military chest, and
* Now, it is with reference to this particular
clause, that we have ever thought it wrong in the
United Parliament to disturb at all the essentially
complete last Act of the Upper Canada ParUament ;
and we repeat advisedly, as a humble actor in the
troubled scene, both as a local militia officer and a
magistrate, the indisputable fact, that there was
then no doubt in the mind of the Upper Canada
public , that the Act of 1820, as a matter of course
contemplated that ihose who suffered trespasses or
injury, whether at the hands of loyal or disloyal,
were to be equally indenuiiiied ; and it was with a
lurking presentiment of evil inherent in this very
clause that we could not at the time help exclaim-
ing in the language of the Poet—' Timeo Danaos
et dona ferentes.^ I suspect tho Greeks, even
when the Bearers of gifts !
the Province have to pay only those caused
by the insurgents, and that Lord Sydenham
very justly expressed a strong opmion
in favour of such an arrangement, at the
same time that he stated that on his arrival
in Lower Canada, finding that no less than
£21,000 had already been awarded by Sir
John Colborne to the sufferers in the Rebel-
lion, for the greater part of which he had to
provide, he had felt bound to bring the ope-
rations of the indemnity Commissioners to a
close, and to allow the claims they had re-
commended to stand over till the financia'.
condition of the Province should improve." —
An auspicious prospect which was never
realized during the remaining brief term of
his Iiordship's life and government; and
which the " eminent men" in power during
the short passive government of his succes-
sor Sir Charles Bagot, took good ca^e to leave
as far from accomplishment as ever.
Such, therefore, was the untoward state
of things on the accession of Sir Charles
Metcalfe ; and the influence of the same
''eminent" individuals continued for a time
to stifle all attempts to bring even the Upper
Canada Bill mto operation, though savouring
of an undoubted breach of faith on the part
of the Government to that Provi.ncet ; until
at last the great " antagonistic " rupture of
1844 suddenly dissolved the Radical Com-
pact, and, gradually introducing a Conserva-
tive Ministry, once more gave hopes of
something, at least, being attempted. This,
however, was not destined to take place till
the following year. But, in the meantime,
it is satisfactory to know that this delicate
and important object had weighed acutely
on the mind of the excellent Sir Charles
Metcalfe ; for we notice, in a letter from that
Governor to Lord Stanley of TthMarcb, 1844,
fNoTE — It may be as we.'l to notice here that
the payment of the Upper Canada Rebellion
Claims was agitated in Parliament in 1843, but
was refused to be entertained by the then Minis-
try — the same as now in power — on the plea, that
it could not be done without bringing forward
those of Lower Canada ; and that at any rate no
charge could be made on the Consolidated Fqnd
for such a purpose ; but that they were willing
(forsooth !) that it should be left to the Municipal
Bodiet to pay such looses as they might think
proper.
urging the claims to indemnification of cer-
tain loyal Petitioners of the County of Hun-
tingdon in Lower Canada, the following
equally strong and feeling expression of
opinion I"~iif(5i! ,. rl «.ir. i,'<p..i. -i;!' ;•- ; ' '' '
« It is to be regretted that so much delay has
taken place in doing justice to loyal subiects, who
have perilled both property and life in the defence
ofthe Crown, and still more to be lamented that
there is little prospect of any better result, oioing
to the disinchnatton in influential parties in the
Colony to provide the requisite funds. The ellect
of this neglect cannot be other than prejudicial
and disheartening: it is an aggravation of mis.
fortune to these whose claims remain unsatistied,
that others were recompensed for their losses, and
all in progress to the consummation when the
inquiry sucQenly stopped, and that, since then, all
recompense has ceased.
«' I am aware," continued his Excellency, '^ that
her Majesty's Government have replied to former
applications that they have no means for comply-
ing with them; and, as there are no funds under
the control of the Provincial Groverranent out of
which these claims can be satisfied, I am reluc-
tantly compelled to defer their settlement, m the
faint hope, bord&ring on despair, that the local
Legislature may hereafter be moved to make the
necessary appropriation."
Thus cloied the year 1844. The next
movement connected with Rebellion Claims
was in favour of Lower Canada, in the form
of an address to the Governor General, adopt-
ed by the House of Assembly in February
1845, praying " That his Excellency would
be pleased to cause proper measures to be
adopted in order to insure, to the inhabitants
of that part of this Province formerly Lower
Canada, indemnity for just losses during the
Rebellion bf 1837 and 1838." And, in the
following year, a long-Iooked-for Act was at
length introduced by the Commissioner of
Crown Lands as a Member of the Govern-
ment, ** To provide {from local funds) for the
payment of claims arising out of the Re-
bellion and Invasion in Upper Canada ;
and to appropriate the duties on Ta-
vern Licenses to local purposes ; " and
of which the preamble ran as follows : —
" Whereas it is necessary to provide means
for paying the Sums to be awatded by the
Commissioners who may be appointed un-
der the authority cf the Apt qfthe Legislature
of U, Ci, passed in the ^dyear of Her Ma-
7es(y'« Jte^il^.and intituled ''An Act to ascer-
tain and pidvide for the payment of all just
claims arising from the late Rebellion and
Invasions of this Province" to the claimants
under the said act, — as extended by the act
of the Legislature of this Province, passed in
the Session held in the 4th and 6th years of
Her Majesty's reign, and intituled " An Act
to amend and. enlarge an Act af the Legisla-
ture of the late Province of U. C.^^c. Be it
therefore enacted, &c., that it shall be lawful
for the Governor in Council to issue Deben-
tures, not amounting in the whole to more
than i:40,(K)0 Currency, to the Claimants to
whom Slums shall be awarded under the pro-
visions of the Acts above mentioned, &c. &c.
— provided always that no such Debentures
shall issue until the total amount of the rums
awarded to the said Claimants shall be as-
certained ; and if such total sum shall ex-
ceed the said sum of £40,000, then the said
sum shall be apportioned among the'lsaid
Claimants in proportion to the sums awarded
to them respectively," — and the 3rd clause
of the bill then especially enacts, (as a mea-
sure hereafter applicable to both Provinces —
but in the present instance . furnishing in U.
C. a local Fund for this particular purpose,)
** That the moneys arising from the dutiea
on Licences to keep houses of public enter-
tainment issued after the passing of this act,
shall,as toell in I^IP. as inL. C.,be appropri-
ated to the uses and purposes of the Districts,
or other municipal Divisions of the Province
in which they shall be collected, and shall
be paid over to the treasurers thereof accor-
dingly," &c. And the 4th clause states,
" Provided always that until the Debentures
to be issued under this Act and all interested
thereon have been paid, the moneys arising
from the duties on such Licences in U. C.
shall be paid to the Receiver-General, and
shall be applied by him to form a fund for
paying the said Debentures and interest,"
&c.
This long protracted •' vexed question"
being thus, as far as U. C. was concerned,
satisfactorily set at rest, — it naturally be-
came the next great step to extend similar
benefits to the Lower Province ; in the hope
that matters would thus go on tolerably
smoothly. But mark the extraordinary fate
of the bungling Ministerial attempt at " a
»
■#
8
,11
eonsummation lo deroutly to be wiihad."
The matter haying been daly brought be-
fore the Executive, in accordance with the
Addrtu of the House of Asiembly, five Com
minioners were appointed in behalf of that
ProYinoe generally, by commiuion under
the hand and seal of Lord Metcalfe, dated
the 24th of Nov., 1846,— the very day pre-
▼ious to his bidding farewell to Canada, —
couched in the following ever to be remem-
bered, and as it were, prophetic terms, as
contrasted with tiis Me utterly incompre-
hensible and staggering results. "Enow
ye, that repc^ing trust and confidence in the
LOTALTT, integrity, prudence, and ability of
&e. &o. I have nominated, constituted and
appointed, and by thb instrument under my
hand and seal, do constitute and appoint the
said, ko.f to be Commissioners for inquiry
into the losses sustained by Her Majesty's
loyal subjects f in that part of the Province of
Canada, which formerly constituted thf late
Province of Lower Canada, during the late
unnatural RebeUion which so unhappily exist-
ed in that part of the said Pjovinco, and aris-
ing and growing out of the said Rebellion !"
Nothing could be more clear and explicit
than this Commission ; yet, scarcely had
that great and good man. Lord Metcalfe,
quitted Canada, when it was whispered that
our evidently weak and vascilating Minis-
try, now left unsupported by his great moral
influence, began to quail before ** the over-
whelming pressure from without,*' and under
shelter of the reliance placed in their discre-
tion by a frank and unsuspecting old soldier
like Lord Cathcart, so suddenly called upon
to discharge a double onerous duty, meditat-
ed making undue overtures to their Radical
and Rebel-paying opponents in both Pro-
Tinces ; and these reports, whether well or
ill-founded, were unfortunately further
strengthened by succeeding events. For,
after a lapse of about two weeks, we find
the very Commission above quoted unhesi-
tatingly forwarded by the Provinr al Secre-
tary to the parties named, accompanied by
a letter and inclosuresjfrom which we quote
the following somewhat startling extracts : —
" 1 have the honour, by command of the Ad-
mistrator of the Govenunsnt, to transmit to you
the aeeompanyinf Commission, naming yooisslf,
kc.f to be Commissioners for inquiring into the
losses sustained by her Mcgaty'i mbjtcU during
the latt unhappy troubk$ in Lower Canada of the
years 1837-'8, and also growing out of the same.
" Tbe necessary instructions for the guidance
of the Commissioners are transmitted to you
herewith."
The more astounding inatructions here re-
ferred to, formed the burthen of a separate
letter of the same date, which ran as fol-
lows :— •
GsNTLXMZNt — His Excellency the Adminis-
trator having been pleased to appoint you to be
Commissioners for inquiring into the losses sus-
tained by the inhabitants of that portion of this
Province formerly Lower Canada, during the late
uflAoppy Sebellion therein, aa also into the losses
sustained by those inhabitants arising out of that
Rebellion.— I have the honour, by command of
his Excellency, to transmit the following instruc-
tions for your guidance in conducting your in-
quiry : —
1st. You will, in the performance of the duties
devolving upon you, carefully classify the cases
of those who have joined in the eaid Rebettion, or
mayhave been aiding and abetting therein, from
the cases of those who did not, stating particularly,
but succinctly, the nature of the loss sustained m
each case, its amount and character, and, as far as
possible, its cause.
2d. You will abstain from entering into thecon-
siderationof any cases which may have been re-
ported upon by the Commissioners formerly ap^
pointed to examine into the Rebellion Losses. To
enable you to do this, the reports made by them
will be furnished to your Secretary on his making
application in your behalf for the same ! !
3d. You will accompany your Report on the
Claims investigated by you with such remarks as
may be necessary to a perfect understandit^ o{ the
matters intrusted to your investigation, in order
that the same may be submitted to the Provincial' .
Legislature at its, approaching Session."
As might readily be expected, on receiv-
ing these utterly inconsistent and irreconci"
lable documents, the Commissioners felt
themselves so paralyzed and perplexed, that
after due deliberation they judged it proper
to apply to Government for further informa-
tion and instructions ; and this was accord-
ingly done through their Secretary on the
11th Feb., 1846, in the following very judi-
cious questions, the answers to which were
to serve as their guide in the exeeutioB of
the duties iaaposed upon them. ,
*' 1st. The instructions of tbe 12th Dee. last dif-
fering essentliUy from tlie tenor of the Commission
by which they nave been apppointed, as to the
persons who nave a right to indemnification :
What are the ootMTs conferred onUie Commis-
sioners to ettabUA the classification||^eqaired by
the instructions t
9
IHi
t.'«<;tiy.»sj; 1.1, fl
What are the poweri conferred on the Commu-
sioners to call before them the neceitary vntnt$tti,
and to procure the neceuary evident*, In order to
obtain the exact valuation of the lonrs 1
Are the CommiMionen to travel to the diffe-
rent parU of the Diitrict^ in order to accomplish
the ODJect of the Commissiun V*
To these very sensible and politio Queries
the following was the extraordinary reply
received from the Provincial Secretary, dated
the 27th Feb., after a fortnight's considera-
tion.
"l*t. In making out the classification called for
by'your instructions of the 12th Dec. last, it is not
lus Excellency's intention that you should be
guided by any other description of evidence than
that furnished by the sentences of the Courts ol
Law.
2nd. His Excellency considers that yon have no
power as Commissioners to call cither for persons
ot papers ; and that you must therefore be satis-
fied with such general evidence as the claimants
may produce, or as may enable you to form a ge-
neral estimate of the Losses they have suffered.
3rd. The object of the Executive Government
in aiipointing your Commission, being merely to
obtain a general estimate ot the Rebellion Losfes,
the particulars of which must form tbc subject of
minute inquiry hereafter under Legislative au-
thority. His Excellency cannot regard it as
necessary that you should travel to the country
parts ol the District to obtain such particulars."
It being our intention to revert to these
extraordinary documents, hereafter, we defer
all comment upon them, until we have com-
pleted our notice of the few remaining links
in the chain of circumstances connected
with our strange eventful history ; and these
fortunately will now require very little
space. *
•^ As might be naturally expected, after so
unintelligible an arrangement, we find an
Address voted by the House of Assembly in
April, 1846, for copies of all correspondence
which had taken place between the Govern-
ment and the Commissioners appointee to
inquire into the losses sustained by the in-
•NoTE. — It is worthy of remark that in Feb.,
1846, a Resolution was moved by the Member for
Qlengairy,an out-and-out supporter of the present
Ministry, for an address to the Queen, praying that
the losses suffered by divers loyal inhabitants of
Upper Canada might be borne by the Imperial
Treasury ; but that it was lost by a large majority,
although supported by Messrs. Baldwin, Lafon-
taine, Morris, Price, Leslie, and other adherents of
the present dominant party. Could it be possible
that our purblind Senate should have, wer till,
•"^mised, thAt " though the voice was that of
Jacab, the ""iHuads were those of Esau."— See
okUfSis, &c.
habitants of Lower Canada, during the late
Rebellion, with the instruotions, &c. ; hnd in
the following June a bill for the payment of
the balance of the claims investigated by the
first Commissioners appointed by special
ordinance, was duly brought in and passed,
intituled " an Act, to provide for the payment
of certain Rebellion Lo«i8es in Lower Cana-
aa ; ana to appropriate tne proceeds of the
Marriage License Fund ;"— of which the pre-
amble stated, that'* whereas it is expedient to
make provision for the payment of the sums
ascertained by the 4th and 6th Reports of the
Commissioners appointed under the ordi-
nance of the administrator of the Govern-
ment of the late Province of Lower Canada,
and the special Council thereof, passed in
the 1st year of Her Majesty's reign, and
intituled "an ordinance to authorize the ap-
pointment of Commissioners to investigate
the claims of certain loyal inhabitants of this
Province, for losses sustained during the
late unnatural Rebellion." — Be it enacted,
&o., that there be giranted to Her Majesty,
a sum not exceeding jC9,986 7s. 2d. cur-
rency, to be raised by debentures," &c., and
" 2nd. that it shall be lawful for the Governor
in Council to authorize the issue of Deben-
tures, &o., redeemable at convenience and
bearing interest at 6 per cent, — the principal
and interest of the said debentures not being
chargeable on the Consolidated Revenue
Funds of this Province, but being payable
out of that portion of the Marriage License
Fund arising in Lower Canada,— the proceeds
of which are hereby specially appropriated
to the payment of the said prineipal and in-
terest." And by the 3rd section, it was
enacted that the proceeds of the portion of
the same Fund arising in Upper Canada,
shall be specially appropriated towards the
support of certain public institutions in that
part of the Province, tor which grants have
usually been made out of the Consolidated
Revenue Fund."
Thus far all appeared fair and smooth on
the surface ; and it was, therefore, with lit-
tle surprise that in July 1847, we hailed the
passing of another liberal supplementary
act, completing the arrangements of 1845,
for the liquidation of the just claims of the
10
4
loyal inhabitanti of Upper Cftaadu, intituled
*' an act to authorize the iifue of Dobenturet
to pay the balance due to claimants for losses
during the rebellion and inrasion in Upper
Canada" ; the preamble of which, after re-
ferring to the previous acts in the usual
form, and stating the amount in the whole to
be £43,463, and that a ba>ance remained
due of £3,613, enacts that it shall be
lawful for the Governor in Council to issue
Debentures to that amount, for the liquida-
tion of the same, under the authority of the
before recited acts, &c.
All that is now wanting to complete our
notices of the progressive Legislation on this
still eventful subject, up to the introduction
of the lr.te obnoxious bill, is to revert to the
proceedings of the Rebellion Claim Commis-
sioners, and to state that in consequence of a
letter from the Provincial Secretary hasten,
ing their decision, that embarrassed board
had on the 18th of Febuary, 1846, sent in
their first Report, in the outset of which they
at once very candidly stated that the v/ant
of power to proceed to a strict and regular
investigation of the losses in question, left
them no other resource than to triut to the
aUegations of the claimants, as to the amount
and nature of their losses ; and that it was
from these data alone, and the general infer-
ences which could be drawn therefrom that
they covld form an approximate estimate of
the sums requisite to cover the amount of
damages sustained ; and as the result of
their labors they appended a table exhibiting
a list of 2,176 persons, claiming no less a sum
than £241,966 ; but that they thought about
£100,000 would be nearly equivalent to the
losses that would bear 'closer examination ;
and that in this enumeration they had omit-
ted to mention that different sums to the
amount of £25,603 were claimed by persons
who appeared to have been condemned by
the Court Martial established under the au-
thority of the ordinance of the special council
of Lower Canada, passed in the 2nd year of
Her Majesty, and they ooncluded by stating
that they had reason to believe that all the
claims had not yet been furnished, and that
these would form the subject of a supplemen-
tary Report.
Having ihus completed our retrospect of
the various acts passed on the subject of the
''just claims" of the inhabitants of both Pro-
vinces^ to indemnification for losses sustain-
ed during the " unnatund rebeUvm** of 1837-
8, and demonstrated, we trust, uncontrover-
tably« from the words of those very docu-
ments, up to the last bill, that the losses of the
loyd alone were contemplated, we now pro-
ceed to the task of proving from the very
construction of that incendiary bill,— without
once reterring to the Parliamentt^ry debates,
— that neither was the introduction of such a
measure forced upon the present ministry by
their predecessors, nor was its language or
spirit a transcript of those for Upper Canada,
as often asserted.
In carryins out this intention we at one
timb feared tnat we should be obliged to in-
flict upon our readers a perusal of the whole
cf the rebel paying bill ; but on further con-
sideration we perceived that all that would
be required to be literally quoted was the
long and fortunately somewhat inconsistent
preamble, and part of the 3rd, 7th and 11th
clauses ; and to these, therefore, we mean to
confine ourselves. .,:. ^.i v/-^ -if;)
The bill is in few prudently selected am-
biguous words intituled, — " An act to provide
for the indemnification of parties in Lower
Canada, whose property was destroyed dur-
ing the Rebellion in the years 1837-8" ; and
the following is the redoubtable rambling
preamble thereof : —
" Whereas on the 28th day of February, 1845,
an humble Address was unanimously adopted by
tibe Legislative Assembly of this Province, and by
them presented to the Right Honorable Charles
Theophilus Metcalfe, the then Governor General
of the same, praying ' that his Excellency would
be pleased to cause proper measures b be adopted
in order to insure to the inhabUtmta of that part of
this Province formerly Lower Canada, indemnity
for just losses by them sustained daring the Rebel-
lion of 1837 and 1838;' and whereas on the 24th
day of November, 1845, a Commission of five per-
son^ was, by his Excellency the said Governor
General, duly appointed to inquire into such loatet
arisins from and growing out of the said Rebellion;
and whereas it appears by the Report of the said
Commissioners, dated the 18thday of April, 1846,
that ' the want of power to proceed to a strict and
regular investigation of tM losses in question left
the Commissoners no other resource than to trust
to the allegaiions of the claimants, as to the amount
and nature of their losses \" Pud whereas, in order
to redeem the pledge given to tb? sufferers of such
losses, or their bona fide crt-ditoiJ, assigns, or cvamt
droit, as woU by the said Aduress of the said Le*
gislative Assembly, and the appointment of the
said Commission, as by the letter addressed by the
Hon. the Secretary ol the Province, by order of the
Right Honourable Charles Murray, Earl of Cath*
cart, the then Administrator of the Government of
the same, to the said Commissioners, on the 27th
#
11
lected am-
it to proyide
t in Lower
troyed dur-
37-8»»; and
le rambling
ruary, 1845,
' adopted by
(rince, and by
able Charles
iinor General
ilency would
ta be adopted
^ that part of
a, indemnity
ngtbe Rebel-
on the 24th
onoffiveper-
ud Governor
fUo suck loatet
lid Rebellion;
tof the said
f April, 1846,
to a sirict and
question left
than to trust
to the amount
freaa, in order
Itrers of su<^
ieits, or avant
the said Le*
itment of the
Iressedby the
)y order of the
Earl of Cath-
ovemment of
,on the 27th
day of February. 1846, it is necessary and just that
the particulars of such lostes, not yet paid and satis-
fied, should form the subject of more minute in-
quiry under Iiegtslative authority; and that the
same, S9 far only as they may have arisen from the
total or partial, unjust, unnecessary or wanton <2es-
trudionof the dwellinp, buildings, property and
effects of the said inhabitants, and from the seizure,
taking or carrying away of their propaiy and
effects, should be paid and satisfied.
Provided that none of the persons who have been
convicted of high treason, alleged to hare been
eommitted in that part of this Province as formerly
the Province of Lower Caiiada,since the first day of
November, one thousand eight hundred and thirty-
seven, or who have been charged with high trea-
son, or other offences of a treasonable nature, and
having been committed to the custody of the
Sheriff in Gaol of Montreal, submitted themselves
to the will and pleasure of Her Majesty, and were
thereupon transported to Her Majesty's Islands
of Bermuda, shall be entitled to any indemnity
for losses sustained during or after the said Rebel-
lion, or in consequence thereof: Be it therefore
enacted, &c.
"And it is hereby enacted by the authority of the
same, That, for the purposes of this Act, it shall be
lawful for the Governor in Council to authorize
tte issue of Debentures, payable cut of the Conso-
lidated Revenue Fund of this Province, at, or with-
in twenty years after the date thereof, respectively
and beanng interest at the rate of six per cent,
payable out of tbe said fund on such day in each
year as shall be u<arem specified, provided the total
amount of the said debentures shall not exceed the
sum hereinafter mentioned."
'Having carefully perused the foreeoing,
let us now candidly and seriously ask the
reader where there is to be found the slight-
est possible connexion between its construc-
tion, and the ** Whereas during the late un-
natural re&etfion certain inhabitants of this
Province suffered much loss and damage,
&c., by rebels,** &c., ol the Preamble of the
^ acts of Upper Canada, or the " Whereas dur-
I iw the late unnatural rebellion certain loyal
I inhabitants," &c., of the Lower Canada Ordi-
I nances, or eren the bill of 1846, •< To pro-
I vide for the payment of certain Rebellion
J Losses" in Lower Canada, /ornded on the Oi-
IdirMnces, — as quoted b> us in succession.
Nowhere whatever, must bo the instant re-
ply. And surely eqnally littie foundation for
such afarago of conflicting quotations as that
arrayed in the Preamble can be found in the
remarkably explicit language in which the
Patent appointing the Commissioners was
clothed by that clear-sighted Statesman
I Lord Metcalfe. To what polluted source,
[then, is thic unhappy act to trace its
i bastard origin. We unhesitatingly an-
swer,— on the authority of the pre-
amble itself, — on nothing anterior to the
iwily "address'^ of the House of Assembly,
■founded on the strange correspondence of the
IProvincitl Secretary with the Board of Com-
missionem. dated 13th December, 1845, so
irreconcilable with the langnage and mean-
ing of the Commissum app ^mting them, trans-
miff cd under the very same cover; and
therefore though the former might hare af-
forded room for the member of the present
ministry, — then in opposition, — taunting
their predecessors with an apparent depar-
ture from former guiding principles, it could
never have honestty warranted either the one
political party or the other grounding thereon
the introduction of a measure of a totally op-
posite character to that described in a deed
under the hand and seal of the head of the
Government. In fact, though it is much to
be regretted that the absence of the Hon.
Mr. Daly in England prevented that gentle-
man affording any explanation in his place
in Parliament, respecting this unfortunate
correspondence, there can be no doubt, that
independent of the indignaht repudiation of
such an intention by other members of the
late Administration in the House of Assem-
bly, the following sterling language and
feelings expressed by the Hon. W. Morris,
in the Legislative Council, would be suffi-
cient to prove that so treas<mable an idea as
remunerating rebels had never for a moment
been entertained: — "if was said that the
present bill was the same as the one passed for
the payment of the sufferers by therebellianin
Upper Canada ; but that bill was not passed
for the payment of the rebellious ;--and if
the last Government had been interrogated
respecting their intentions in the same man-
ner as the present Government had been, the
answer would hare been ; *' no ! we are not
foing to pay for rebel losses.*' And the same
Ion. Gentleman again stated at a more ad-
vanced period of the debate, that he held the
same views, while a member of the Admin-
istration, as above expressed, and " thit he
would rathe)' have left the Ministry than have
allowed payment to any one who had been en-
gaged in the rebellion."
At all events, fortunately, the lurking
deadly poison is at once neutralized and
counteracted by antidote placed in close
juxta-position, in the reference made in the
preamble itself to the Secretary's subsequent
explain-away letter of the 27th February ; for
though the first instructions directed the
Commissioners to classify carefully the cases
of those who had joined in the Rebellion, or
aided or abetted it, from those who did not,
tb last rather oddly explained, that in mak-
ing out this classification, it was not the in-
tention of the Administration that they should
be guided by any other description of Evi-
DKNCE than that furnished by the Sentsncss
of the Courts of Law ; and yet, how these
were to be obtained it is difficult to conoeiye,
■"'<<'**''"^«!IIHIIPMMPPaMPVi^PW«>MP"i«iip«i^^
12
as his liiiuellnnoy oontidered that (uoHke
all form jr sworn Comoiisaionen) they had
no power to call for either persons or vapers,
and must rest satisfied with saohEviaence(,/j
as the Claimaots might prodaoei or as might
enable them to form a general estimate of the
losses they had suffered ; thus olearlv de-
moiistrating that the whole object of th^
Executive was the obtaining of a very gene-
ral preliminary estimate of " alleged ** Re-
bellion Losses of every description, to form
the subject of more minute inquiry here-^
after, if found advisable; and that ths Report
of the Commissioners, as was to be expect-
ed from neither they nor the claimants or their
witnesses being sworn, would, at least, be of
a very loose and indefinite character ; or, in
other words, reducing the whole of the la-
hours of this powerless body — however wil-
ling, assiduous, and conscientious might be
its men>ber8— to the unsatisfactory drudg|ery
of framing a random Hut of VHmd'be claim-
ants of every description-' good, bad^ and in-
different, loyal, or rebel, just, or unjust !— to
be dealt with at pleasure at some future
period ; bnt, certainly, so conducted as dear-
ly to indicate the very reverse of the possi-
bility of any future Ministry being thereby
forced to ei^rtain so unheard-of a measure
as remvnerming Rebels.
Such being the self-evident state of the
easel, one would be utterly unable to com-
prehend how it was possible for the present
Advisers of Lord Elgin, at once, conscien-
tiously to shut their eves to the unmistake-
able language of a Commission under the
hand and seal of the Head of the Government,
empowering certain Commissioners to in-
quire into losses sufiisred by the Loyal, and,
at the same time, perversely cling to the
evident misinterpretation of the intent of
that high authority by a subordinate Official,
unless blinded by some vile and virulent
one-sided party purpose, altogether at vari-
ance with every former proceeding bearing
on the same object. But, like the poison
and its antidote, all donbt is at once removed
by the "forced " amendment, moved by one
of their own party, and now forming the
olosins Proviso of tne Preamble, by which
the object of the Ministry is distinody de-
clared to be, to pay, as "just losses," all
Rebel claimants whatever, with the sole
exception of the very few individuals who
were convicted of " the high treason allioko
to Juve been committed," or ** who, having
been charged wtHl^ high treason and other of-
fences of a treasonable nature, had submitted
themselves to her Majesty's will and plea-
sure, and were transportea to the Island of
Bermuda i ** at the same time that the oath
imposed by the 7th clause on the Commis-
■ion«n to be appointed, binds them, with all
the precision of " a very Daniel come to
judgment," to pay claimants net<A<riiJi»r« nor
jess than the sums which they are entitled
% claim, according to this " true intent and
meaning'," and the 11th clause clinches the
matter by. very adroitly incorporirting in it
the long dormant wily addendum m^de by
Mr. Baldwin to the Supplimentary Aot for
Upper Canada, with respect to ** losses sus-
tained by violence on the part qf persons m her
ilajesty's service,"— with the addition of the
here very significant word "oiso," — not to
be fonnd (because there unnecessary) in the
original Bill.
To sum up the whole, it remains only to
be added, in refutal of the assertion that the
late obnoxious Bill was based either in lan-
guage, spirit, letter, purpose, or provisions
on '.ny former Upper Canada Aot, that, not
content with discarding the principle so
lately insisted upon by themselves, and
adopted in Upper Canada, of realizing funds
for suoh a purpose from local sources, not
only was this equitable arrangement alto-
gether jost sight of, but a heavy debt of at
least £100,000— at once recklessly— thrown
upon the Consolidated Fund, while an extra
burthen was thereby imposed on the Upper
Province ; but, by the 3rd clause, it is even
made optional with holders of Marriage Li-
cence fund Debentures, issued nnder authori-
ty of the Act of Parliament of 1846, provid-
ing fbr the payment of certain ^'ioyaP'
claimants in Ix>wer Canada from that losil
source, to exchange these for Consolidated
Revenue Dobentures of a similar amount,
aUhough thereby at once prematurely di-
verting the former funds to g^eneral local por-
poses, and entailing an additional act of in-
justice on the Protestant part of the popula-
tion, from whom alone that fund is derived.
Leaving to an impartial public to decide
how far We have redeemed our pledge of
refuting the calumnious assertions put forth
by the partizans of the present Ministry,
" that their Rebel-paying measure was either
forced upon them by their predecessors,"
or at all *' a transcript of any former
Rebellion Claim Bill," we are content to
close our desultory retrospect with a solemn
avowal of our unhesitating belief that, what-
ever may be the eventful consequences of
this rash and impolitic movement-^and meet
disastrous to the peace and prosperity' of
Canada as a British Colony they assuredly
will prove, unless our gracious Sovereign
shall yet, under Pro«rid8nce>^vert the fatal
blow— t0Ao<«i;ernii«/b}<ttnes may happen, or
whatever blood may be shedj must be
wholly attributable to. and justly rest on the
heads of Lord Elgin's present utterly reck-
less imiS'called Rbsponsiblb) Advisers,
iniel come to
ihernhrenor
f are entitled
le tnteht'dtid
clinches the
porattnginit
um made by
ntary Act for
** losses sru-
oersons m her
Idition of the
dso," — not to
ssary) in the
niins only to
rtion that the
tither in lan-
>r provisions
Act, that, not
principle so
iselves, and
ilizing funds
sources, not
gementalto-
vy debt of at
ssJy — thrown
hiie an extra
n the Upper
se, it is eyen
ularriage Li-
nderauthori-
1846, provid-
in ^' loyal'''
9m that lorfil
Consolidated
ilar amount,
maturely di-
ral local pnt'
lal act of in-
' the popula-
t is derived,
io to decide
m pledge of
ins put forth
int Ministry,
re was either
edecessors,"
any former
e content to
ith a solemn
f that, whai-
sequenoes of
U-*-and most
prosperity^ of
)y assuredly
IS Sovereign
vert the fatal
V happenf or
Ij must be
ly rest on the
utterly reok-
fvtif rt.
7