^a^ V^>.":^a^ 0>.. \% IMAGE EVALUATION TEST TARGET (MT-3) 7 A // 4is {< f/i f/- 1.0 I.I JfflllM i2.5 .? IAS IM 2.2 L25 III 1.4 18 1.6 ^ <^ /} Ap ^m. m^ y ///// rnoiogiBpiHC Sciences Corporation '<^q iV \^ \\ ^^ ^^ "^^^ 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 ^^ ^O '^^^ C/a M S CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreprodiictions / Institut Canadian de microreproductions historiq ues Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attemp'.fed to obtain the best original copy available for filming. Features of this copy which may be bibliographicaliv unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D Coloured covers/ Couverture de couleur □ Covers damaged/ Couverture endommagde □ Covers restored and/or laminated/ Couverture restaur^e et/ou pelliculde □ Cover title missing/ Le titre de couverture manque nCt loured maps/ Caites giographiques en couleur □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.a. autre que bleue ou noire) I I Coloured plates and/or illustrations/ n n Planches et/ou illustrations en couleur Bound with other material/ Reliti avec d'autres documents Tight binding may causa shadows or distortion along interior margin/ Lareliure serree peut causer do I'ombre ou de la distorsion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouties lors dune restauration apparaissent dans le texte, mala, lorsque cela 6tait possible, ces pages n'ont pas iti film^es. Additional comments:/ Commentaires suppldmentaires; L'Institut a microfilm* le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont oeut-dtre uniques du point de vue bibliographique. qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mithode normaie de filmage sont indiqu^s ci-dessous. I I Coloured pages/ Pages de couleur Pages damaged/ Pages endcmmag^es □ Pages restored and/or laminated/ Pages restaurdes et/ou pelliculdes Q Pages discoloured, stained or foxed/ Pages ddcoiordes, tachiacdes ou piquees □Pages detached/ Pages ddtachees 0Showthrough/ Transparence □ Quality of print varies/ Quality inigale de i'impression □ Includes supplementary material/ Comprend du materiel supplementaire □ Only edition available/ Seule Edition disponible D Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata. une pelure, etc., ont iti filmies i nouveeu de facon A obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiqui ci-dessous. 10X 14X 18X 22X 12X 16X 20X 26X SOX 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity of: McLennan Library McGIII University iVIontieal The images appearing here are thi best quality possible considering the conditioi. and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cov(9r when appropriate. All other original copies are filmed beginning on the first page with a printed o< illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microflc!ie shall contain the symbol — ♦• (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate t»»e method: L'exemplaira fiim^ fut reproduit grice i la gdndrositd c!e: McLennan Library McGill University Montreal Les images suivantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettetd de I'exemplaire film*, et en conformity avec les conditions du contrat de fllmage. Les exerr^plalres originaux dont la couverture en papier est imprim^ sont filmis en commenpant par le premier plat et en terminant soit par la derniire page qui comporte une empreinte d'impression ou d 'Illustration, soit par le second plat, selon le cas. Tous les autres exemplai-es originaux sont fllmds en commenpant par la premiere page qui comporte une empreinte d'impressior. ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparatt.'a sur la derniAre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUiVRE", le symbole V signifie TIN". Les cartes, planches, tableaux, etc., peuvent dtre fllmis d des taux de rMuction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film* d partir de I'angle sup*rieur gauche, de gauche d droite, et de haut en bas, en prenan^ le nombre d'tmages ndcessaire. Les diagrammes suivants illustrent la mithode. 1 1 2 3 1 2 3 4 5 6 '^'m^^. J ^"Z-- ■=>. i 0/y 5 2-1-99 THE MQiNTREAL PILOT EXTIU. Speeches and Papen, relating losses. MONTREAL, 26th FEBRU^ ^^ Rebellion 1849. ^fr.Br.AKK—rri. o- I-EGrsLATivE Assembly tl , ^~^ to act, xrere met on all or.Pn=- ' ^^'^^" *hosa with wrhnm i^^ ^he time «"« flea, and ^^y^t:::^^^^^^^^ *^«* *''«7 gentle-nen on the other 1?! J ^'^^P'^^^'b'e Governme 1m '"*''«'"«» of .'«*'-ation of the affa rfof h ' ''"""^^* ••^" the talent fo,: I^'''' ^'^ honorable 'n whfeh those gen emen vvh '" •'"'''^- ^^^ ean Set ht ^"''"'''' "^™'"- «s the true sin-porter^ ^TA'^''^^'^ ^^''^ P'oclaimer;!. , P^^^Pous manner vouchsafed to K ns ^^T^^^'^-^^^ ^o^ernment h? ?!/" '^' ''''^^^1 orable gentlemen «,^ i' "^"'' "^^'" ««» hornet t Zl i ^" ^^tabh'shed, as ther part, aT,, pe^Taf -f^- -- denouncSl'^J^ ?--« -'^h which' £^ ] confess, Sir, that' E:' "^f^^T^^' ""''^ "«* men! was ttn M "^'"^ ^'^'- '"«''« tiemen opposite; when Tc° rr '*'''' *''««« oft repeated Ti"^''^ watchword. House without a l/nl , r"-"'^'." ^^^■''i«'^tJ''« Min'^sSnM ''?'""' «^ «^« gen- House w^tho;^?; J^T '''''■ "^^-^^^^^^^f^ of the ^^ ''^ of our Gove nme,; '"•.'; '" ^'"^ ^P^^^^h from , ' Th' ^'""""^^ "'«''* the -ting the principle ';;?::* '"'* «"« -'rd "ttelTed fro m t rs'^'Pr^'"^ ^'^^ statesman, in the'^oointr.Vrf ^"^'on-a topic sn A." 'V ^'.1« *'».« «o««e >n cliscussino- the ro J J P"'''"«^' '^ different oo,? r'^''' ''"P« "'^t honora- r^'^^nt'T, and the posTt , oA, ' f «^''^t'^«'"an-!il-o v ew of H '''P''. *''«* ^e 't ''^ to bo oon9ide,-e, n "r "" ''^""''^I^'o gentlemen ... ? P"''^'«n of the "vowal of the causes of thsX ^"P'' *'''^t we should J/" ?^ I'onorablo of the country -i"oI. b s no St'"' ^^^"^«■^'"--'i^^ v^^^^^^^ "l!*«"'^ ' ''''"''^' originated „„d which i^..fi"^ ''""^'*'°" "«cn justifies so entire 2 and so singular an alteration in the views of honorable members opposite. But, what has been the course pursued by those honorable members in th ; dis- cussion of this motion, as upon almost all other occasions since the meeting of the House ? Has their course been a fair, manly discussion of the measures of Government upon their merits ? Are they not in their factious opposition to the Government jeopardizing the well being, the very existence of their coun- try ? They hay,e recklessly seized the torch of discord which we had hoped had long since been extinguished, and lighted it anew through the length and breadth of our country, regardless though this wanton procedure should involve in anarchy and ruin the whole frame and structure of our social system. They, par excellence, the loyal subjects of our Queen — regardless of the best inter- ests of the human race, dare to take this torch of discord, and cast it flainin<' amongst the inhabitants]of the country. (Loud cheers.) I did feel disposed, Sii" when I entered the door this morning and heard some conversation passing between honorable members on the other side of the House respecting the proposition of my honorable friends, I did feel disposed to advise tlietn to move an amendment, and propose the erection of a gibbet before every French Cana- nadian's door, and offer up an holocaust of 700,000 men to appease the British feelings of Canada. In considering whether I, as one of the representatives of the people of this Province, can concur in the resolution of my honourable friend at the head of the administration, for the payment of the just losses incurred during the un- happy troubles of 1837 and 1838, I have felt it important to look at the practical working of the Cirovernment of these Provinces prior to those un- happy troubles. I have felt it important to consider the circumstances in which the people of these Provinces found themselves placed in regard to that Government, prior to and during those troubles ; and, it seems to me of some importance also to review the occurrences of that un- happy period. I am not ignorant of the dangerous ground over which I propose to tread ; I know what risk I run in addressing those who put words and sentiments in the mouths of gentlemen at this side the House which no promptitude or clearness of correction can induce them to acknowledge, when it suits their own purpose. I knew not what my honourable friends who are of the Cabinet may think on this subject. I speak my individual sentiments. I speak with no other authority than that which may belong to the weight of argument which 1 shall ask permission to submit to the House. But, sitting here, and filling the situation which I have the honour to hold, I would scorn to speak any other language than that which I should use were I seated on the benches opposite. In considering, then, the Government of these Provinces i.t and ->rior to 1836, I shall not consult newspaper history. I shall state nothing to + House upon my own information on this subject : though that, too, is tolerably accu- rate and extensive. I shall confine myself to the history of the Provinces, as it is to be found in the State Papers and Records now lying before me, pub- lished by the British House of Commons. I shall rely not merely upon the statements of those men who may be regarded as the exponents of liberal principles in England, but I shall refer to the declared opinion of the distin- guished advocates of Conservative doctrines — authority from which honour- able gentlemen opposite can hardly dissent. Upon the authority, Sir, of no less a statesman than Lord Aberdeen, I aver that, in 1835, although mu"h had been then done, this Province of Lower Canada had grievances to complain of *' neither few nor inconsiderable " ; — that the composition of the Executive ] V II c P ol er je> op Ai ex( upc wit beci oftl cons pers, had I ever, Hami " peri able a ^t Was forrret public Sweden port of of the gallant suiFering His Sovt Member ; %ri Coc nniongst n t"at criticj "ani left t\ <^" t\\Q 26t\ February i XJironehad oy the perm o^Wds ar nada had r And We are ^oiportanc, n, . ^'8 assistance ^'^e Report ia d P"' as the CI,,.. r ''«»omo iu.«?v '''"'• ">« flr.* „; 7 ' "''"'stera („ °«- .-... Zlt"!." (>,« ".a SfeS r'»^. >;y .re'p? !■; ""' of eve" * doubt If the opinion of persons wic hnd m. w '' r • — «^ an tm^esbe worthy of any reliaLe.theratnK^^^^^^^ *^ '^'^^^^ of those have no inconsiderable debt ot grafitude to oav ,n 7."""'^" ^"'^ ^'« ^"^"^8 jn a period of our history not ye; quite forSpn r g^"»'«'"«n 'or services been only candid in the honorable remberTa^^^^^^ m"'1' ^'^^^^^•^'•' have assertion which he has adventured unlntZ X^ ^T'''^ ^'^'^* ^^ makes the 8urely this House will not forget thatTnfLr/""'^ '^ ^l' ^'-""^^'^ H^^d and somewhat questionable. But flSu^rthp „ T °" """"'"^ ^'"""^ «»^J^ « source"3 of any doubt, all candid enquires ti^j J Jfl-^ «*;?«* ^^Port did ^d^St exist respecting the Despatch of August 1838 'X '/u"* "" '"^'^ ^""''t can written at a time when no difficultv hnd 'f;^~^^I^f P^tch strictly confidential. «oner and Her Majesty's MiS t I-f DeTaTch '^^^^^^V^^. High Commis- the most unreserved, the information whlchS Tu^'^T'''^ '" « "«""er personal observation, and the conclusions „. thiir^'"*, had obtained from information And, as candor must admit tTnJ'' ^'^ •""'^'^'^ ^'•«'» «"ch that Despatch were the opinions of W?^n 1 " opinions expressed in believe the Report to whL ral^^Uo /om^^ this Souse wH judgment, so far at least as that Scils with Z ^^-^ -^'"'^'^'P'' '^^'iberate confident.^ Despatch of which I am speaS TnTr '? '°^ ^""""^ ^» «'« submit. Everything upon which iZ "^^^.f "^;, ^o this test I am willing to firmed all through tlie'offictrclrest^rt ^.^'S-"^ be found ampl/fon! most convincing to any one who 3 Sr dL^ ^^"1^""^' ^" « ''^7 th« -terested statement-sound argumint t'owt asseSo""""'' ^^'''^"^^ *« ™-« . Mfl^o;rTl?^^^^^^^^^^^^^^^^ Despatch, Lo'rd Durham observes - or disorganisation which to the "arl?^.! ^''•°"' '" ^^"^''^"'^ ''"^ hardly conceive the T.oT^ to Government in these ColonLr strCu °" '^1 ^P"' " '"«"'f'^'*' '" «Sgs''pV ZfnJ inent merely, but society itself s;eins to T J "'f "^"'^ f P'''^''^ *''«' ^'^ole truth, not Govern^ m great danger only mIWIk! '« be almost dissolved; the vessel of tho Jl 1^ • * , »p go father back than the coraraencotnent of the serious differences between the Canadians and the British as such ; since when, the two branches of ihe Legislature have nedected their proper functions to pursue the contest between races. A long time has passed without any thing like beneficial legislative laws ; not a few of the many evils resulting from this perver- sion of le-islutive powers have, by a very natural mistake, been attributed to neglect and corrupfitm in the Executive. At the same time, it must be confessed, that the Executive has been both neglected and corrupt. I need not remind your Lordship of those flagrant instances in which the Imperial Government has been led to interfere for the correction of administra- tive abuses ; nor is this a fit occasion for entering on that subject in detail, but I am bound to add, that the Government of this Province, including the atlministratiou of Justice, has not obtained the respect of the people, and that according to all my information, there has been ample ground for the distrust and suspicion with which authority is regarded." Now, Sir, there is no language in the whole compass of that Report stronger than what I have just cited to the House, and there is nothing more which I require to sustain the argument which I mean to press upon the attertion of honorable gentlemen of all parties. I only refer to the Eeport itself, there- fore, as amplifying that which I have already quoted, the deliberate judgment of Lord Durham, upon more ext('nded information. At page 29 of this Report, published by authority of the British House of Commons, we find the followinf^ passage: — ° " The powers for which the Assembly contended appear in both instances to be such as it was pertectly justified m demanding. It is difficult to conceive what could have been their theory of Government who imagined that in any Colony of England a body invested with the name and character of a Representative Assembly could be deprived of any of those powers which, m the opinion of Englishmen, are inherent in a popular legislature. It was a vain delusion to imagine that by mere limitations in the Constitutional Act, or an exclusive system of Government, a body, strong in the consciousness of wielding the public opinion of the majority, could regard certain portions of the Trovincial revenues as sacred from its control, could confine itself to the mere business of making laws, and look on as a passive or indifferent spectator, while those laws were carried into effect or evaded, and the whole business of the country was conducted by men in whose intentions or capacity it had not the slightest confidence. Yet such was the limitation placed on the authority of the Assembly ot Lower Canada; it might refuse or pass laws, vote or withhold supplies, but it coiUd exercise no influence m the nomination of a single servant of the crown. The Executive Council, the law ofticers, and whatever heads of departments are known to the administrative system of the Province, were placed in power, without any regard to the wishes of the people or their representatives ; nor indeed are there wanting instances in r,rhich a mere hostility to the majority of the Assembly elevated the most incompetent persons to posts of honor and trust. However decidedly the Assembly might condemn the policy of the Government, the persons wh(. had advised that policy retained their offices and their power of living bad advice. It aJaw wa-s passed atter repeated conflicts, it had to becarried into effect by those who had most strenuously opposed it. The wisdom of adopting the new principle of Representative Government and facilitating the management of public affairs by entrusting it to the persons who have the confidence of the representative body, has never been recognised in the Government of the North American Colonies. All the officers of the Government wer^ independent of the Assirably ; and that body, which had nothing to say to their appointm'. it was left to go on as it best might with a set of public functionaries whose paramount feelinjr may not unfairly be said to have been one of hostility to itself." Again at page 30: — "It is difficult to uoderstand how any English Statesman could have imagined that repre- sentative irresponsible government could be successfully combined," And a little further on: — ^ " To suppose that such f. system would work well there implies a belief that the French- Canadians have enjoyed icpresentative institutions for half u century without acquiring any of the characteristics of a free people : that Englishmen renounced every political opinion and feeling when they enter a colony, or that the spirit of Anglo-Saxon freedom is utterly chan- ged and weakened among those who are transplanted across the Atlantic. It appears, there- fore, that the opposition of the Assembly to the Government was the iinvoidable result of a system which stinted the popular branch of the I^egislature of the necessary privileges of a representative body, and produced thereby a long series of attempts on the part of that body to acquire control over the administration of the Province." I' 5fR«iE3aESj; decision of (he question now u„,l„ ,1,7™ ■ . • '"^ vast inipoi-lance in tlio as. ^.^ission .o'iead ^IZ: Xlltj^^trZ^l C^ "°"- ' *»« tttrf b, thee social and political dissensions h.. S., J 3 """''' " '"'* '•"' t™ «ei- bkme rest, n„t on indi.ida.ls. but oX vie ol^^'^ll'S'.ereat n,i,.g„.e™„™,, S,„ nnd deep rooted abuses that pervade ererj dewrtment rf^K J e'"™»J tbe manifold Ibe real grevianees of Ibe coU^. ' oepartminl of tbe pubbe service, and constitntc W»Lr:i:^ivbi"S'£iP^^^^^ owes to ,ts subject, is imperfectljTdischaSed." ' *"'' ^'""^ ''"'>' '^'^''-'h a govfrua-enl thf HoroTwt'heriVave ;t: eTatfedtrt^ ^^"'^'"- ^" ^-" ^'"'-^ «^' that great disorders had exis"ed in thl P ^ ^''' T?* ""^>«»bted ovidenc, 1837 and '38. Have I not shewn th^t fhJ'-T?' '^ ^^"^''^^ ^'■°^-'"«^« Pn"-" tu very key stone of Engh" h 1 bert^ was L7^ * *" f "'^^ '^"^ P"'^''^ P""^^^-' the not shewn that the ad^iniS' 7LsuL t'lo^T'c^rf^' \ ^^^'^ ^ gravely suspected? Have I not shewn thnff.?. ^oy^fi- Canada at least, was, Executive Council was Lohaltn In 1 '°"'P°'"'"" °^*^« r^^^^^^^ a mockery? ^\^^tlii:tZll^^^^^^ ^-^'^"tions almost constitution, ministerial^es^n ibili v tlm Lf"'^ ^ ^''!"''' ""^ '^'^ «"^'^'' archical and democratic prTnTp es Im^^^^^ soT'''-/ '"^' ^""^'"'^ '^^ """"- each in its place harmonio^iiX &ff !• ? ^f*?''^ reconciled, contributinrr able gentleLu oppo.re wl Ve" su^rfst C%*';^'^^ ^^'^ '-"«- Englandforonemoment? la ktlem wll^^^^^ could have continued in But, whilst disorder ofso ..rave a iacTeevUtr"!?**° '^'^'^ ^°"*'""^d '^^^re? vince, whilst the very principL of ourTnn!? ?• '" *'^« S^^^^-^^^'nt of this Pro- such as could not fail to 3 1? 0"r constitution, as then contended for. were the very existence o ur'Tnt t tlt'^V^f J"^f/ '''''] ^° ^^« ^'-"^^'V^o opposite ever done to rerJuZTZlshf^^^^^^^ or power to reconcile the preroqinT^^ ^'^'^ dtd they sacrifice place people ? And yet whilst frnSf -^ 7 '^°"''' '"'^^ "^^ liberties of the the^gravest dulS f ^2 " Wi^b^^ "S^ts, whilst negating referring to this unhappy nerS^ofrrS °'l?'" ^ ^'^ continuallj conductliad rendered E worthy o? all nS '' It'""' S"'' ^T^^'"^ P"^^'^ side the House are taunted in a m^nnpn f • , J^«"«''«'^I« gentlemen on this parliamentary, a.sthouI^irtheh-?nr^^'"'"^''"»' ^"^ ^° language little Ldrendcredlkm Slyobn^^^^^^^^^ '""'""' ^^''^-Sl^^ after British Liber y' to tell honorable ginS^^^^^ I shall, however, take leav^' affect, guards the1ibertro?tKuWect^;^ ^"^" *^ ''^''^' '^^y «« '""ch which it protects the priogative S'tt rl/ ''''^i ^T' ^^1"=^' '^ *h«* ^>th ready to extend and sLnTen the pre'-nt-rV J^^' ^''^^^ ^hich is ever limiting the liberties of° the peoXTnof 'l^ ^ Crown by stinting and not result in strengthening the 0!: f- ""^^Y-*^*^' '^ is slavery-it can but must tend to wttTfhe alleg an^ ^f t'^LTV J^'V'''^''^'^' depriving them of their ri^rht, ol r "f- , ! • P^^P'^ ^^ ^^'^ Province by they so ardently love I "honorable "ipt ^'1^'^'^' "^ « ^"-^^ P^^Ple / '■ "^"^'^''^J^ gentlemen opposite, would look a little ll A Into the page of history, they would find that loyalty of the peculiar stamp which 1 liave described, has earned for its advocates fame indeed, but fame of a very different character from that which honorable gentlemen opposite, on all occasions so pompously affect. When Philip of Spain, conceived that his distant Provinces could not be governed without a strong exercise of the Royal Prerogative, he selected as Govcrnoi" an eminently Loyal subject, the infamous Duke of Alva, and truly in his administration of the affiiirs of those valuable Provinces, he lost nothing of his well earned reputation/or loyalty to his master's every tcish. Surely honorable gentlemen opposite must feel that if loyalty consists in maintaining the unlimited power of the Crown at the expense of all the rights of the people, they must modestly retire from comparison with this most loyal Duke. History has informed us that the first act of his adminis- tration was to proclaim the high-minded and patriotic William the first Prince of Orange, (a name often invoked bv honorable gentlement opposite, for purposes of the most questionabl ■ character,) his first act, I say, was to proclaim William of Orange an outlaw and a rebel! and in the fierce cor lest which was waged between the prerogative of the Crown and the liberties of the people, this same Duke brought to the scaffold within the short space of five years not less than 18,000of his fellow subjects!!! But, Sir.history also records for our instruction, that whilst the "reber' William founded a happy and prosperous republic which has filled and continues to fill no inconsiderable space i'l the annals of Europe, and whilst he still lives in the hearts and affections of his fellow-countrymen, that detested tyrant, the Duke of Alva, descended to the grave loaded with the execrations of the people whom he had oppressed. And now. Sir, let us look to another example derived from our own history. Look to the reign of James II, when that struggle between the prerogative of the Crown and the liberty of the subject which had now continued through several successive reigns, was about to be closed; at that period when the perfidious James had prepared to trample under foot the liberties of the people of England ; did he want loyal subjects to carry out his most disloyal designs f Why, if loyalty be the mainte- nance of the rojal will, regardless of public freedom^ who more loyal than the infamous Jeffreys ? On that fearful bloody circu'c "which followed the Mon- mouth rebellion, his whole progress was marked by the mangled and gibbetted remains of hundreds who had fallen victims to this judicial massacre ; and upon his return to his Royal master, he could boast that he had brought to the scaffold more victims than all those who had preceded him from the date of the Conquest. Ay, Sir, lest honorable gentlemen should think that this species of loyalty is left without its reward, let them read here, in his "Patent of Nobi- lity, the acknowledgment of his Royal master for these Loyal Services." Windsor, September 8. " His Majesty taking into \ yal consideration the many eminent and faithful services which the Kight Honble. Gei,.^, Lord Jeflfreys, of Wem, Lord Chief Justice of England, has rendered the Crown, as well ia tlie reign of the late King, of ever blessed memory, as since His Majesty's accession to the throne, was pleased this day to commit to him the custody of the Great Seal of England with the title of Lord Chancellor." Amongst the victims of those times, the mild and chivalrous Russell, the firm and patriotic Sidney, fell a sacrifice to their loyalty to the Constitution. History here, however, also records for our encouragement, that while the succeeding House of Commons, the House of Commons of that glorious epoch of 1 688, expelled from amongst them the apostate Attorney General who had conducted the prosecution of the unfortunate S'.dney, and reversed his attainder; the infamous Jeffreys was with difficulty rescued from the hands of those whom V "-# •- -^.: » 8 qualitj falsely called Loyaltr by he hSnil ."^'''^ ''^"'"P"'^^ "^ ^'""^ P^ant Canadian Loyalty. I shal/confine =" 10^ "T" "''""'•^' *'"'^ ^^^''"''''"^ messenger from the Legislative Ponni.;! • / ,' **" ^"^ 'natance.—rhere a minutes.] The honora"^.le Me^^^X ^eS P^-'IingsVo^a"- .v" of the offensive position of exclusive lovnliv \".T' ^''' t^'"* i« •''Peakin-j opposite always think it proper to a'sum^ f'l ''\'"""''"''''^ gentlemen uiysef with warnul.; but I^m^otash^m;f^^^^^ that I have expressed here to loam lessons of loyaltv from l.nn„ i V ,* »^'^"nth. I am not come «ith me. Ibelieve at .h,s mlfnt t at no no ^'T/'''"'" 'PP^'^'"-"- ^' >^'«« ^Tn could indoceme to pursue the fSus c^^ TT""' ^^" ^''^''i^'^al wrono pos te, with all their royalty! ira ty to mv of ^^ '^""'"'^^''^ S^"^>'^'"«" "P° feehng of my heart, and I trust ly Em sZlfc" V^'' ''"'''S'^'' and dearest may be required. But I contes3,X L" t I h-^n ' ^" ^'f'""^ ''^''^ '^« '^^'l be loyalty of honorable gentlemen Xs/ wmI '^r'P'?*''^' "''*'' ^he would- pecuharzeal for the preroc^ative of ffp '^^"^' ^'"''*t it affects at all times I'bert^j. of the subject^ Tha 7s Lt B^i^^t?'. ''' ,«^'^^^«"dy to sacrifice the dian loyalty, which has always, nTl peS ^/f^' ^' /f, ^P-^'^ous Cana! liumanity into rebellion. With suc'flovnul T . ''^ '^''''*^' ^"^^o'T. J"^h«'(l B'nce, Sir, when interrupted I wa Ibout^to n''' T '^™P^*''^' ^ moment history, illustrative of the d stinTtion whioh f7 k "' '^^"'^ f''^™ ^"^•i^^nt attention of the House, a scene so a vfulTn it ioZ\ ''''" P'''^^'^'"" "P°" *'^« to us upon authority so undoubted tl« T ^"^umstances, and handed down the recollection of the House \VhentL "'* Z"^''^"" ^••°'" ^«^«lli"g it to contemplated the perpetraS of l^Jou st':refh^^f*'^"^ ''«"'«" ^'--"- recorded— a crime so foul tint n« ,r« u *^''* *^'^ P'"^ge of history hos dreadful deed.-how was t^^ Sful ".V. """'' '",^ '"^'' ^^"^''» ^^^^'o^ o^f the cipe the perjured witness, al hat ^ jl i I Z7f'^'' ' '^'^« '''P"'^^^^^ ^^ " lailed to fix one spot of sruiU uru7 n^ could devise or wealth procure had " I find no fault in ht '' was Te H n^'''f' ^'""'^^'- '^^ «">• ^4 S ';ion When all other arts had Tailed 'h s ?ated n' f '■'''?'' "^ ^^'« heathen ju^d"".' the darkest treaso„-a treason, t o e whK'^H ''V^''^ ^^* ^^ Perpetlating one great crime, would, as it were faL in. • I •'' *''*'^'^"^' "' combined in the assumption of the s'ame m^Ti^^h t d ^I^^ ' tj"! ^^^^'^ P-Ple, by — " if thou let this man rrr thon nrt n«f r- % r -^ ^"^' ^^''^ '^s every feature Roman Governor, that intercrwrose ^^t^^^^^^^^ ^"""=" ^^'^^ tl/relieS time into eternity.-extorted the unwilliTlnnnf '''TT^''''' ''^^^'^ ^^^^-^^gh dark and enduring stain eighteen cen^S of Sn fV^'^.V^^r^'^l ^eed, wlufse suffenng have not been able to efface Si; "^^^'^^^^ ^""I'lmtion and national not of British growth. True bS i , ^ '°^' ^"'' ^^'^ ««rt of loyalty is and the constifution.'- ^ZX^iyZ^^^lf'^^'^^T '^ ^-^^it" yrant king the great charter of Kandl Hbtri^^^^ I^ngland with aims in their hands, iSdfor ih .T/' /^' ^""^ *'"^ ^"''""^ of stitution. The loyalty of the Bri i' 1 rom- f f?""dat.on stone of our con- eel and obtained tlfe r/cognit on o tts rer^hf^"? *^ Pariiament. amid such difficulties, L^S ^n^^^ happily spared. And at the great ^ra^of '" VPP^'' '""' *»' ^« ''«v« been oyalJeffn-es,inhis.ealfor hrmlTtenanceTf^^ ^'^«" ^''« «•'•«'« ^- betrayed the liberties of the l^:^^^^^!^!;^^^ :-^---;| lashed ^ ? r» 9 loyalty re<;ar(ling with veneration their SovereVn'a nVhts • but at the snm. f.mn joalous of their own nacred liberties obtained "that explit recolni i of S con.t tat.on-" Tn. Bill of Rights." that gloriou., imperishable constitutio^^ wbch has rencl.u . our present State mistress of the world, and now p eserves her, thanks bo to Heaven! solid and entire .mid the crash of the mi4t"s? raonarchies of Europe. ""o'n'-si But whatever may bo the facts of this claim to orcelusive, unapproachable loya.ty set up by honorable gentlemen opposite, the gallant Knight, it « Ims yet another t,tle *.o adoDt the tone and language which he assumes n ths House The gallant Knight. ,t seems has done great military r.ervice, and my honorable fnend near me the men,ber for the South Hiding of York, has couple^l the name of the sullant kmght w.th that of the illustrious Wellington. When I heard my earned fnend allude to tins remarkable historical parallel. I was certainly s'-u"k by us peculiar fitness ; but it did occur to me that my honourable friend n ight have sole., ed one still more striking. A great English knight, a brave fiid loyal knight too. I mean the renow.ed Sir John Falstaff. Honourable Snte- men I:,ugh,_^Vhen did any man ever know this gallant knight disloyalto hi Prmce, or to his sack ? And as to valour-wdio i. tiiere whose sn . U ha not been r.nyed by his d.nng feats of .rms ? Ay, Sii, 100 men in buckram encountered defeated robbe.l, by the single arm of one'gallant knight ner4^ by Che %a/ love of h,s nrinee. Now, Sir, I well recollect a little book of those tunes, called, as I th,.k, " N.. Readings of Old Authors." or sXe such name. It was generally considered, I believe, to contain tolera.iy accu- rate portraits of some eminent men of that day. I shan't trouble rhe House whh many eitatien., as I fear that I have already ti'espassed too long on their patience gallant knight- "' '" "^''^ '"' '"™"""^^ ""'''''''' ^« ^^^^'^^^^ aimed at the " The King of Fiance, with 20,000 men, " Miirched up the hill— and then marched dowu again." I am far from .«aying that the gallant knight performed "his military services i„ h in \^ ^"'"r"' ^"' '^'^ ""''^ ^"'^^'^ ^ ^'^''^ q^^'^'J were certainly much in vogue in those days. ' And :iow having recalled to the recollection of this House, the position of this country in the year I«37, having examined a little the cha acter^of t ue loyalty in a ree state I would ask this House, whether honorable gentlemen way as to entitle them to the gratitude of their country? What one public act of true loyalty can they point to? Loyalty which, whils preserving t\e just pre- Si'rV^" ^'T' ^'^-l^l'-^ -•«« ^'^"gl't them toVeconcile^JjStTal pr ncple of our constitution with the ol/^er principle, no less essential, the lib- erty of the subject; and which, while defending the prerogative of the Crown would have guarded as no less sacred, the kv.s'by which that prerogatiTJs [hSS K- r "" ««-titutional limits? When my honourabl^ ^3 f om i id^vt? i'"° Y"/k 7.^f fating the battles of the constitution with a V.rnll ^;'"^^^^^"f ^^'^^h he may truly boast, and which his country gratefully and alTecfonately acknowledges, although honourable gentlemen TrZVr ^ rV"" '"^^•™ "' '''^* "'^ honorablc^friend is very unpopular n Lppe- Canada; I s..y Sir, when my honorable friend in the couive of the struggle which he so nobly sustained, penned the famous Minute of CouncU tohef';:^!^ rrr''''^"'"^P'''"''^^^^^^ ^^J"^-'^ 1^« has reason ^.dl wir i7T''^'*'r*'''**^''' "obly discharge a duty of which he may feel ju,tly proud? I aver that every man in Canada who is not utterly blinded ■v »lr ii ll i i i |»rl jjg iy i. a .1 ts^st^-^^rr:.- ■f *\ 10 by party zeal, every reflecting man in England, even the Sovereign upon her throne feels and admits thr-t my honourable friend's conduct was directed by the truest loyalty. He taithfuUy but firmly advised his Sovereign of the con- stitutional limits by which the Royal prerogative ought to be bounded; he, at the same time, firmly and manfully pointed out to his countrymen those essen- tial privileges of freemen, which it was no less their bouuden, their sacred duty to maintain. With the permission of the House, I will read an extract from that Minute delivered to the Governor : — " The Council meeting once aAveek upon land matters, whilst the affairs of the country are with',ield from their conside- ration and advice, is as imperfect a fulfilment of the Cv^nstitutional Act as if the Provincial Parliament were summoned once a year to meet the letter of the law, and immediately prorogued upon answering the Speech. In both cases, the meaning and spirit of the Constitutional Act require that the Parliament should have a general and practical le opportunity to legislate, and the Executive Council to advise upon the affairs of the country. In the former case the Representative of the King can withhold the Royal Assent from the bills, and in the other reject the advice offered; but their respective proceedings cannot be constitutionally circumscribed." 1 will venture to ask tl.a honourable gen- tlemen opposite, I will venture to ask the honourable member for Toro^nto, whether my honourable friend, when he frankly declared to Sir Franc's Head, that he could not condescend to sit in his Council as a mere minister for the apportionment of +he domains of ihe Crown, when he claimed for those filling the position he then occupied in the Councils of the Sovereign, the right to be consulted on those great interests of his country, in which our peace, happiness and prosperity are involved; I ask, whether my honourable friend in making that demand, did not evince sterling British loyalty? I ask, whether if all those then consulted, disregarding personal motives, had dealt in a manner equally faithful to their Sovereign and the country ; I ask, whether that awful crisis through which we have passed might not have been averted? (The member for Toronto said he had not been in Sir Francis Head's Council.) I know. Sir, that the honourable gentleman was not in Sir Francis Head's Council, but I again ask him, whether that doctrine which my honourable friend advanced, and which Sir Francis Head denounced as rebellion, disloyalty, the subversion of the constitution; I ask, whether the demand of my honourable friend, to oppose which, the country was submitted to the most violent -igitation we have ypt witnessed— to oppose which, the election of 1836 was carried by means the most unconstitutional — to oppose which, honourable gentlemen opposite afforded such zealous and untiring aid— I ask whether that demand was not one which it became a British subject to make, and which it would have been be- coming in a British Governor to concede? Now, Sir, I implore the House to contrast the conduct of honourable gentle- men opposite, with the conduct of those with whom I have the honour to act. Again I appeal to the recorded opinions of those gentlemen ; I shall trouble the House with nothing resting on mere statement, however notorious to the country, but shall rely on documentary evidence of the most unriuestionable authority. When the Upper Canada Assembly of 1837 had met, and set itself to lecture the people of Lower Canada on the constitutional principle for which my honourable friend had so long and so earnestly contended, *his House of Assembly in the early part of their address, state the proposition which they were about to discuss, and the language employed by the Assembly of Lower Canada, in their claim upon the British Parliament, r«>; "TorendertheExecutive Council directly Responsible to the Representatives of the people, in confer- t f ■^- t 11 mity with the principles and practice of the British constitution, as they obtain in the United Kingdom." This is a principle in the absence of which it-nglands greatest statesmen have said that her constitution could not subsist • this IS a principle in the absence of which, Lord Durhrm has declared, and riglitly declared, tha" our representative institutions cculd not be worked • it is the principle for which many enlightened men of both Provinces had long earnestly contended. Honourable gentlemen may have doubted of the necessity, they may have doubted the prudence of yielding this principle, though so ear- nestly sought after. But surely no man could fairly have treated such a demand as disloyal or unconstitutional; surely no Governor of this Colony, but, above all. no body pretending to represent the people of the Province, should have made the piessing of this demand, the ground for proscribing some of the ablest and most enlightened men of the country. But, will the House suffer me to read tiic re<;orded opinion of the Commons of Upper Canada : " Ti!"' '^Tf''"" r«P'"<''"M: the Executive Council, ifris perhaps unnecessary to discuss. Never was the pubhc op.n.on inore cleax-ly, more o.nphaticali; expressed, than ii that v"ry «ubLl at the late general election. A large ninjority of Your Honourable House was J Your Com- rX'l ?'•' ;i''-^v'o''"/'' "1 ^^'^^''''^e P""ciples and opinions diaSi^ally oppo Td o those contained in th,s 2nd resolution. Your Committee, however, cannot le r sslhe oBcor- un.ty of expressing their o? „ on, that the Governor. Lieutenant-Governoror pi sou ad„?h^s *rmg llu; tho Governn.ent of this Province, is entrusted with the exercise of the RoZpTtoZ V... wu!,„j the same, and that he (and not the Executive Council) is consti utiSly re3: l,le, .-, s « ..lit, , the Sovengn as to the people of this Province, for the irapartiaS uKt Dcr- f.M-m.nce of the duties of his office ; a responsibility essential to the pLervaS oFthe rights and ,h,.rt,e.s of H.s Mnjesty's sub ects in Upper Canada, and whi«h it is thrirapemtive dutl' - t tl... r lieprosentatives to maintain and enforce, and not to sulfer that responsibmty so far as d.p^;;"»* "» tl-ora. to be weakened or destroyed, by transferring the whole orany Son of U to other parues ; and that any attempt to transfer to the Executive Council thl^reCStv and MS a necessary consequence, the power and patronage vested by law in the Son adminl stenng the Government ,s n derogation of the constitutional Charlr, Id ifSiroC; to he Mertes^f ihepenple, injurious to Ihe stabilit,, of our social a„d politic^iZituttoZand utterly destruclu-e of the ties which attack this colony to the British empire." "'"""' '*"'* In derogation oj the constitutional Charter and dangerous to the liberties of the people m-M uhout the clearest evidence. Sir, I should be ashamed to attribute ^ucli sentiments to any gentleman within this House; but had I not before me tli.svoUimeofrecorded judgment, the House could xiot believe, the country eouldnot believe, that a body professing to represent the people of the Pro- vincehad in 183. given utterance to doctrines so slavish and degrading, so utterly subversive of constitutional liberty. And yet, this report has appended to -t, the respectable name of the honorable member for Toronto. I ask him whether he can at this day support these opinions? Are these doctrines, whichhe can at this day maiutain? But, lest the House should conceive that this .entimen may have inadvertently found its way into the report from which I have quoted I shall refer to further reports of the Legislative bodies of Upper Canada The Log.s at.ve Council, when called upon in 1S38 to Report upon the state of the Province, says ^ * '• Ff it be possil.lo t!iat (hero can be in any quarter a desire to make Upper Canada H,« theatre lor an ex,K.nmeut<.rpnneiplos, which it may be falsely hnaglnodTre more Hbe^^^^^ and more free, than those secured by our p.vse.it constitution, we earneflytrthrthew^^^ . om ot Parlmnu-ni. and the good sense of the British nation, will reTueVs in time t om t .«" danger winch threatens our liberty and our peace." "'® And again the House of Assembly, in its Report of the same subject, says :- cieut mhucuco to ind.^n the other members to agree to th'e propo:al?threy ZuU Lnco: " ^^i M fcl MI n forth in effpct,be accountable to the people, and not to the Crown, for their acts- that is fh«t they should remain m office so long as a majority of the Assembi; app ovTd of th!ir conduct and no longer ; and that when the Lieutenant-Governor acted in oZ.sition tr, l.„i. "i • ' they shou d beatliborty to make the circumstance pubUcirkno;"„;Tht;r"nrHi^^^^^^^ trary to all colonial usage, and distructive of the constitutional author! ^ZeSovereirn' by rendering every part of the Government dependent on the deme^ratic branT^ nf fh« Leg.slature atonce convinced the Lieutenant-Governor of the rS cScter of ^hc men be had, with an honest desire to reconcile conflictinjr piirties admitted t.MrnLfii , p/ovtcrnlr ifT ^"' ^""'^^'^* ''^•"^^^""^ positio^i'TrwhSrsto .'' hS irr S Now, Sir, I think I mtiy asse-t with confidence, that when the people of this Province, ,n 1836, found their constitutional demands prere'Lpforiry refused -when they saw their leaders denounced, proscribed as traitors and rebels by the Representative of their Sovereign-when they saw the Represen- tatives of the People unconstitutionally assembled, as thty conceived, not only affiming every doctrine announced by Sir Francis Head, how adverse soever such doctrines might be to their dearest rights; but when they saw that House pro- ceeding in advance even of Sir Francis Head, and clamour for further extension f *? V^^^l P'-er«gative-when all hope of constitutional remedy seemed lost- I think Sir, I may assert, that under such circumstances tliere existed great cause iLfvTTr ^"* the gallant Knight opposite has favoured us with a long list of Governors ot this Province, who have been distinguished by the Royal favour, and the gallant Knight claims for himself the credit justly due to his uniform support of every Representative of the Crown in the Province of whatever political bias-when I say every Representative I wrong the learned gentleman-the House recollects the jocular snt-t- with which Sir George Arthurs natne was mentioned, possibly, I may be able to point out nr T".f *hf,%«l'"| 5 ^"'l I sJ'^" not condescend to i-epeat the observations applied to the noble Lord, the present Representative of our Gracious Soverei-n hv bnnnrI7'"'';i "^ *'''' "'"'^^ ^'^" ^^^^' *''^* *'^« P'-'-'^^'^^^ introduced by honorable gentleiiien opposite, of using toward the Representative of the Jjiueen in this Province, such language as we have been too often obli-ed to listen to, IS as unparliamentary as it is unbecoming, and must result in such a mode of conducting th.. business of the House as every honorable member must deprecate. 1 he Government of the country is carried on through the me- dium of a responsible Ministry ; surely therefore, it would be more constitutional m honorable gentlemen, to charge upon the Ministry of the day the acts for which they are responsible to the people of the Province, instead of pursuing the practice whicli honorable gentlemen have seen fit to adopt. But I have been drawn aside from the course of argument which I was pursuin-r j was about to mention that the gallant Knight had included in the catalo-rue of honoured Governors, with especial emphasis. Sir Francis Head. I confess 1 had thought that, at this day, every man in England, every man in this country, had loiin.ed to view that honorable Haronet's admininstration of the affairs of this Province with just reprobation. But it seems the gallant Knight IS stil as devoted an idolater as ever, and had the gallant Knight confined himself to the confession of his own creed on this subject, I should have con- tetited myself with expressing a hope for liis conversion, But when the gallant Knight informs the House that a Governor, whose administration of the affairs ot this Province has been denounced in the British House of Lords ' with an eloquence worthy of that august assembly ; would to God that wo could now hear that voice amongst us,— when the gallant Knight informs us, that a Governor, to whom this country attributes the unnumbered ills of the i # i bliged to in such a # , 13 S?* S?P^ P'"°*^ ""- ^'"'^/'^^l'^^ '^'tory ; that such a Governor, I .ay. was regarded by our gracious Sovereign as worthy of all honour and revtL-!! I could not repress n.y indignation. Knowing a3 I do, that Sir Francis Head s entire Government of Upper Canada was one Ion., e^rne t, umleviatinl iTTlV ' 'T"''Tr^^'' ^'^'''y^' ^olonial Minister^eUevinraf I do, from the evidence before me, that Sir Francis Head meditated the sub! ,'n SeV'ir;'' r'^^'^"^'«"' '^^ annihilation of our dearest rights find n. her; in these State Papers, an expressed intention on the part of that Governor to iLt'on^"" ?? ^''f '". '" ""■; '^^P^^' ^'"•^"gh the medium of a subserv 'en? House^of Assembly, the Assembly of 1836-1 confess that I could not rep ess and to tell the country of the debtof gratitude whihw? m e t"our g acTous Lnh?lil, ''il-'rn ? '" y'u'' r ^'7' "P"" '''' ""-* undoubted Itho.! yTha fiad the liberal, and enlightened, and patriotic views of our gracious Sove ei-n ot oui histo y We are old, however, that Sir Francis Head's eminent services were rewarded by the title of Baronet, conferred upon him durin^his residence mTserfh R- "''^ *'t ^f \''"^ ^^"'^'^^ ''-'^ thecorrespondence^ouching Eat n...erab!e Baronetcy-had he informed himself of the pertinacity with which refused, alter difficulties and differences respecting the course he had thoi,,rl,t 17Z ^P"fr ^^^»-«^^»'^«'l '" direct diLppro^val of his poLy- Id^e gallant Knight seen how this honorary distinction was beg^ed-Ilmost bar ginned for, he would not have insulted^he country by hi ^£rvaS^u^^^^^^^ ty^dS. is- r'^' '-'' ''' '-'-' ""^'^'^ ^- ha^etr rr: c.-i!f'^;,^'''' ^^.^ ''^''" ^'■^''"''' ^^«=^d 'I'^J violated his Sovereign's commands-I said tha he meditated the subversion of our constitution ; and were it n"? for ^e nne which I have already trespassed on the patience o? tlj House I mi^ht thT;;Lr"'lTuiS t>^'""^"^^^'i«- *'^^ entire ofScial correspo^dl^ce'of becaifsP T fin If J Jt.necessary, however, to read but one or two passages, because I find the propositions which I have ventured to state evinced in a manner so explicit, that I think this House -.'ill hardly reqX^ from me anv amn?v . ! '"'P'""'^''' .^836; I should gladly read the entire docunfent, it loud Sh uHt'" -m''' ^'"'"'''- ^"*' ^^^''^«"* *'-«'^»^l>"? the House at such Icngtii, the House will permit me to read the following panigraph. of faith ; above all, ,.n such a sEt nn 1 on IVh well-founded reproach of a breach which the Kin.^ ha.; e tored his Mini'ru ufll I^^^^ occasion By the enga/iemcnts into issues of that dee Ln b ,t nr narp, f' Tnv IL ''^''' ""' '"''""'' i"^li«"<^''-ent to^he possible his royal word." P"*. pared for any consequences inseparable from the observance ot wh^ib I •'■''''*' "•''* ^'«"/'^'« t« discover the Despatch of Sir Francis Head to which this one is a reply; but I think I may v.mture to .ssert thart^his GovC nor, whose administration is so much the subject of ad.airltion lo honorabL ^^^lim-iii^^^^ir. i 'nwi iii tu \J'' li gentlemen opposite, had in contemplation to deprive the people of this Province of that ont.re control over the public purat, which our gracious Sovereien h nd thought It right to concede to his Canadian subjects, a concession^uarXd to lis by a sanction no less sacred than His Majesty'; plighted faith I that ? may assume that the House of Assembly, the so^calltl ! presem tes and guardians of the people's rights, was the instrument by wh ch t^e Go ™ purposed to effect this dark de.ign. Honorable gentlemeVopptit may ' orv cjse of the Royal Prerogative, by the subversion of our whole constitntmu huf T {duSfh tir''"' Me^-.r.,..7.^ of the foLsttrea:Z^Z:'Z:t^^ { tell them that their proneness to sustain— 1 will nnt *nv tl.o t?,.,,„i v> J • was the unhal.owed'purpose of the GovernoT^tfi^ C:f''S'£:K::sS;: wil -,s not loyalty but slavery. If the public conduct pursued by some o? the representa ives of the people in that day be indeed loyalty in Us genuine sense who more loyal than Strafford? When did he pause^to weU £ duty to 1 i' coun ry, against his duty to the Crown? Do honorable j^ISmen mean to sav that they were more ready to lend their assistance to^t^iTXei^ion of he consti ution of this country than Strafford was to subvert hat of E^lin ? 1:^1 I v^f^f ^'''^^'''^ ^'"^^ ^^«* behind him tie n ivitcs of the people of England was pronounced to be treason to the consfuutil La *hnf treason he expiated loith his life. The oatriotir- Si.lnpl JnT- i ' f ♦i,« !.„.. J ri 1 , •' pairioiic ouiney in his zeal over-stpnn"fl SL r r ^''' '"f ^'' *.°'' '^P'''^^'^ that fault with his life; but, sTr though dead his disin erested patriot-heroism has raised for him an imper hablVmonf men ; he still hves in the grateful recollection of his count 7SShecl blooded apostacy of Strafford remains an object of just execSon G cede. I must take leave to repeat tl't in no n?"^ '"'"^ ^' disposed to con- tlemen opposite, prior, duringTor^i^uentrtheth U' '""'^"^ ^""- ^^"■ ground of self olurification in^vK; uT^ l! '^'^'^""""^"' ^''" ^ discover the usnow. Sir, revte t^^t ^Wlt nT^^^^^^ '?T "'''''^''- ^^' monstrated against the unconst tutioSiTc- • % l'^^ '" ^"' ' ^' ^''>""'^''^ ^'e- V the Duke of RichmS brLo.Til ^^ -^ "^""'^^^ of the Province the House of AsseSy of Wer c,2 f '''' ^^^«'"»-- ^^ they are justly to be reproached? Sb.?Il ItV i\ ''' ^^"^ ''^ ^""'^"''^ fo'' "hich eitioa ofapeol/e to the abstraction nf h! ; / '"^ '''"' '" *'""« '^«""t,y, the oppo- ing reproafh; wh le n EnSand^^^^^^ '''"'"r^'^ '' ^' ''S^''^^^ «« '"^Ht- palt, L rendered HaldenttltLro^^ ■" T^''^ '^"^ ^'^^^al tax, centuries my honourable friend Lm No ] Y^kt^ 83fi 17" *' ""^T-'? *™« " ^^^^^ place and power for the establishrlntnf. '• ""^.'y .^^^^Y ^^f^> relinquished did he, or did he not give S^^^^ essent., prmcipl. of our constitution, duct? Whenmy hon fdend fn 1841 n^' • '^ "^ *^ P-'rityof his public con^ the honor to fill, bemuse he beieve/fhT .T'^"'^ * • *^. "^'^^ ''^''''^' ^ ^^^^ ""^ tative of his SovereT4 to Lvern thi! ' f P'-oP««'tio„ of the then Represen- lightened portion of^he ^^^y^r^Sj ZS'T^ '"^ V'"'?^-^'"^ ^"- not only unjust but imoossiblp • Airlhl ^^"°."^ ^"^J^^cts of trench origin, to be our Canadian fellow s"^elf a VS^f'ifsn.fr' ""*f ^-'^ '^' ^'^""^'•>'' ""'^ ^« When, in 1843, my honorab e frlnd n f ^ ^ ''".'^ disinterested patriotism? his colleagues r^signS office in ot hand 'f^r^ 1^'" administration with because they regarded thrno™ .« i . I ,'' ^"'^" ' Representative, RepresentaU ve,fn rnftinLementTf th Tbeli "^ n? '"^"■"/^'^ T'''''''^'' ^^ ^''"^ pursued bytha noblemaf waTsuoh n« t m '''" ''"'P'"' ^^^cause the course unequivocally and repeatedly dS^^^ ™''"^.""^ ^PP'^^'te have since they not give to the country S*,^''""''''"'^^^ ''■'^ t'^^J or did public tru%t7 I «skleSsrcalmlvT^'"T'^ P"^'^''^ ^^^^^^''^/to their honorable friends aiin^^ *''^ T''' ""^ ^""^"^"t ^^ '"7 out .ny single act of tl.eir wh f ^^- ''?"«?^'« gentlemen opposite, to point asevid'^nce ofth irzea foVS^^^^ "'^'^^^ ^'-^ ^«" «PP-1 has been applied by the VX T? n.vL. "'•'• ^^' expression " rank rebel" of the House, but I^J^l .fen ^^of th7!T''' •', "'T ^?^'^™"^ «" *'- «'''« I^as evinced that they a^ S^^S^ t<;^;he;:'lSt!r^!d ^oi^J:;: ^iS 1 r le were now to reply to a more hu- '. And now, le severities liese papers 3 Sovereign punishment lit lie ever I whom the iterposition Not that I ire without )t forget it. which they jnder such y pursued, sed to con- hon. gen- 3cover the ged. Let L'anadare- e Province ilutions of for which theoppo- 1 as merit- centuries I? When inquished istitution, ib!io con- have now lepresen- B and en- ;in, to be ■y, and to triotism? tion with entative, il by that le course ve since ■ or did to their t of my to point 1 appeal k rebel" his side conduct [Mora ^ 17 Sir Allan MacNab affected to believe that the term rebel had been applied to hiin as denoting that he had carried arms against the Queen. Mr. Biake ex plained that his expression was not intended to convey any such meaning, but mean to point out that surrender of the country's rights/which he contended that their course of conduct had evinced ; but some dilficulty ensued in the gallery and the debate closed.] ^ Friday, — Debate continued. Mr. Blake, in resuming his speech, recapitulated at some length, his positions of the former day. He then cited numerous despatches. shew?n- the circum- ^ances Older which Sir Francis Head's title had been conferred whih we mu^t omi , as extending to too great length. The learned geialeman then after condemmng the course pursued by Sir Allan M'x\ab in rtpresenti U that p'LTeSed- '"■ '^^•■""" "''' '•^' '"^^ ^'"^ *^^ '^PP--! «f 1^- S-ereign! hnm "J; ^}^' **" w^°'f Sir Francis Head was one thing, to condemn Lord Dur- ham, another. When I recollect that it is to the Report of Lord Durham, at which honorable gentlemen opposite-^r^.a^ ./«^e..«.«-feel at liberty to sne^r-w en InA^lT, '^f '\ " ''"' ^'^r^ *^ ^^'^""''' ""^-- tl^eProviden^ce of God. .e re indebted for the happy state of peace and quiet in which we are found-wheni recollect that it is to tlie principles of that Report, curried out, into practice, em- bodied in our constitution, that we owe our present position, assembled TnlSa peacefu hall, legislating for the well-being of our country, unconvulsed by those tre'n hi '".' "1"''^ "-7 ^^'^'^^ Europe to its centre, and make men's he^ar to T n^^ nT T^'n""' '''' ^""^^ ^^ S''^*'*"'^^ ^''•'^'^ tl'^ country owes to nn^l? "V" ''"'^''' "'""^^''' "'""""'' '■" '^'''''' ^''^ honorable gentlemen opposite, on a former occasion, expressed themselves on this subject, as I shall S^r'a alM T '^"'"?r''"^ '"'fT'^ '/^""^ '^'"^^ «-" sign^tur'e-looking Sir. at all these considerations, I do confess, that it was not here that I expec- ted to have been met by such language. (Ironical cheers.) Honorable gen- tlemen cheer, and I now call upon them to come forward and declare themsefves let t!" e t:r''^' If responsible government be a bane instead of a blessing! let the gentlemen opposite avow it; let the country know what their politica opinions are. I was observing, Sir, that considering the debt of gS ude r notit ' mthT7 '"" '" Y''f ''"•'^"'"' ^ ''' ^'^'"'^ *"-' honorable gSitl men opposite might have spared themselves those insults to his memory. I did dX'n^l f " ""-w,'^ ^ '""P"'r '"S'^ ""^ chivalrous, would not have con- descended to unveil the sanctity of the tomb to desecrate the character of one eSreiTbtT*^ " iT ^'-,— ^^^^^ ^ ventured to say. Sir, that the opinl I v'ln^u.oV ' gentlemen to-day were not their opinions of yesterday, denied til ^n*^' "P""/«collection. that honorable gentlemen opposite had ap- ?inn i "«"7 to documents not agreeing very exactly with the declara- amon.l no '^' • } 1^''^'"'''^ *« S'^^, that when Lord Durham was here amongst us. enjoying the favor of the crowd, will, honors and reward at his oomZ 'f? !'" "! 7 "ttnck upon his administration of the affairs of the couniy 1< lattery and adulation was the language of 1838, this House has onorabf J'^f ''-^' "' ''''' ^?" '^'"^'^ ^^'" ''«-''-' '^'^ expression of t^ w^n 1!. 4^ r'r" "P?"'"^' ""'"' ^'"''^ Durham should have been .A«<,"and will the House believe that the gentleman who made that declaration - TL^':^'^'' n .^"""T^ T^' " ''°™'"«" ^'^'^i^'- ^^«"W have been shot. «nnn .on I" ^' " T^^^' ^'"v^* in England the Earl and the private soldier stand upon common ground, that the British law knows no distinction between tho 1 I 'f^^t.'j^iS^'- ' ~''*i*i MW-'Wlw ^' 18 Sir Allan M'N^Brose to order He L nnl h''"^ Durham should Imveb.en. to misrepresent him; what he had Vp! n • T ''^'''''' *^ '^''^^ ^he hon. member reealiedithat his reTgn^iont^^^^^^^^ Lord Durham was no and went home withoutleave, anTtirif a S:ft7 fr^^' ^T'"*"^ '"^ ''««» way he would have been tried by aeon' I'Vi'^ , '' '}'"' ^'''^^' ■» t'>'^t ter cheers.) That was what he had sa .n.l 1 ''T'" (^'''^'^'-^ '^"'1 ^•«""- , That is precisely what I LdiliUedtntl^ ^'.T'^'V'-. ('''^'^i^^I cheers.) anguage of 1848; I will read to hT ouse th. 1 ^ ^'"^''t-That was the Durham had declared to the country that hV. !']"'"^" "^ '^^'^^ Aft-^"- ^o^d had denounced the conduct of tli^oLti ion IZ T '""^'""^ ^''''' ^^''''' he such as he could not consisten irvvfth irhonor\ "Pf't' ^'."•''^"'^nt to be House the laneua-re of hnnnmiV' V? "onor, brook; I wi read to the Her Majestymf^I ^^ SS^^t^Z"'': °? that occasion. '^^ t respectfully approach Your Excelled,! iii;i'"^t ""^ *''" ^^^^ "^ T«^«"t«» and attachment to Her MaieTv'rRLT ''''";' ''^■^^''"'''^"ces of devotion cheers.) We retain li ^ly a^f^^S Pf^^^ ^'^ Government. (Ironica" visit to Toronto on the IStirjuFy l/st- "ff 7 '"''' "^ ^"'"- K'^^ellency's ency by the inhabitants of he gity a^f d' 'tnT^;' v "''?." *" ^""^ E^^^'' teous and satisfactory reply to the con ", u.d f ' n ^"?' ^"^^^^^^^^'/^ cour- and we now beg to reiten/e our ex^on o^^^ to you, oughttobeshot.O-CcheersandlaSern^^^ ^'? ^ *^='>t«'- ^ho contaiiied in that addre-^s and J [m ^ .• Excellency's administration, of British North AmeriS^fthis * n J? "" '* ^"n ='PP«'"t'-'nt as Gove.no circumstance tending to dvioyconllencen'ti^ '"^'''•^ ^"^ P"^'i« cannot flUI to be pro^ductive of'moTt dS ^ "s ^sl r^' '• the government, impressed with this feeling we would re' e?,nvn' ^""'""'■'l' cheering,) and the effect of inducing Your Exce leiov to 7.- '^"''""'^ '''^''^' "''ght have British North Americ"^ as a -reat f,h?=^ , "'" ^''^"^ ^^e government of interested in theseme'sur s wiSi ist t o^^ '"''f^ «"^^ immediately we find ourselves imperativelvTa I^d unon?.^^^^^^^^ Excellency to mature. When he had declared pubHdy t^ t heSn 1 iV?'*"'"'^ O't what juncture? published the celebrated des't h in J," ch h'; If ^'V''; C=>n-la, when he had express r>ublicly our conJideL t Fo^r itX;^^',,^'' ^"^«"t-"-) "To asmrance of our active and cordial supp^ nZ^^ '"'""'' '" ^"^ '^'' contrive or adopt, having for the'r ohiprt h I t"'?Z "*^^*'"-^* .'/"« niay munity, and we trust YonrE^le^^^^^^^ *'"'^j/ "'^ ''''"''''' ^/'^'^ -«'«- sentation on the part of Mo^ 2 «^'. f '^'^ ^'^ opposition, or misrepre. -f^her^ntry^ZlconUrtlad^^^^^^^^^^^ V'f^ ^^^ *rue intJrests norable gentlemen's cheers intinnte T rnl^ .^■^'"^ •^■^"'"' "'''''"'''' Ho- dress Lord Durham had not re ?S li^ en "'' ^^'^ 'f '^' P*'*^ ' "^ ^^at ad- gentlemen, that at the time t^at fScTre ^Tn^^^^^ ^''" '''' '"""'^'''^^'^ minntionhad been publicly anr fur^cedrdth;^^^^^^^^ ^'"''"""'^ '^«*«'- doubtinthemindsifthelfonorabegen^fem^^^^ 7 ^^'''^"" "^ «* from another address presented bv the tou^ ?f ^ will lead one short panigraph rate the confidence we entertain i„ Your Fxefl/ '"^'''" '-" ^^" ^'^ '^ '•'^'^- nestly solicit Your Excellency not to w^M.^^'.r'^', '"l?"*'^". «"d we ear- Provinces, until those measures fnthrnnl/^^^ "'' Governn.ent of these pie of these colonies have ptced so mni^ ^^ ""^ P^^'^'^^ ''^ ^^hich the peo- (Cheers.) And now, ^trust tl ?'« h'^ '"'""r' '^^" ^^^^ been matured." the fact, that honorable genti men wfoh!l :""' f ^'^ ':7"^« ^e convinced of gentlemen, who hero stand up with such magnanimity .^v 19 to insult Lord Durham's memory, were no less ready in 1838 to fall down and worship that enl.gl.tcned statesman. There was then a linj,'ering hope that old factions would have been supported, that libels upon the honor and loyalty of the people of the Province would be perpetuated, and that place and power wou d be continued to the honorable gentlemen opposite. But when His Lordship s report had been published, that report to .-hich we owe our constitu- tion and our liberty, even the tomb could not shield him from the insultin- Ian- nw'f','^ ' «/ ! ' """'" ^'' 'r'*^- ^ ^""^ ""« ^"^^^^"^r f«*^l that this co'untry ow« t« ^'^"J t"e despatch upon which I have ventured to make these assenions? Lord Glenel^'s Des- patch of the i4th March. 1838, contains Sir George Arthur's instruedons with ITll fi'n 1 ?1 *'!.V^^^'"^^"^ °f t''^^'^ engaged in the rebellion. In it the House will tind the Jollowing passan^e : nnrilH^/^i"''''^-'''" 9"'"'?"1^"' '"■*' *""">' '^''^^ *» ^^^ fl'^^lt position in which at such a f d Bur"asrtnrhr;"' ''° Y^''''''r ^"-^ '^'^- CovorLent of Upper Canadat: hv, V fu "^M , '•''°'''»>''''sof apprehension so lately existi::^ are now. through the kja ty of the great body of the population, almost entirely at an etPd. I earnestl»Z,fethev d n. Jr' tZ^'''if *^ "'O'lerationlafter success as they ha^ve been by gaLmS tl e^ me Jf te nnn *^ ^ four would bo more likely to imp.i'r the n.oral eflcts of U e ate emUs than nnnecessary seventy. I tru.t, therefore, that while every measure will be ndoD ed public peace!" which, however natural, cannot but bo attended v;ith danger to the That Sir George Arthur did not pursue the instructions of Her Majesty's Ministers to such an extent as he might have done, is notorious; this House can require no evidence on that head ; but I am anxious to direct the atten- i-nol. ?i rr' '?vf- 'f " ^'"'""'^^ ^^ ^'' ^««'=« ^'■t^""' f«r tl>e course of policy which he did in fact pursue. In his Despatch to Lord Glenelg, under aate 30th June, 1838, I find the following passage :— ^ SJlZ 1.'^"^^^''^^}^ Per,'->Vve by Lieutenant McGrath's Report, (a copy of it is enclosed ) ;:J":!;n^nte;:ltS;':^':;iiis:it^:p!r^^ no^common firmness on the part of the officers to preCent the",r^fiiia i^^^i^^g man^:;;^ m the spot, in place of bringing them in as prisoners.'' those atrocious banditti to death upon The value to be attached to the report of a Lieutenant of Militia.'in deciding tbf course and policy to be pursued by a Government, we here pretty well un.l.rstand. AVhat its effect might be, introduced into sdemn statf papers I ZZVo?';™'/' "^'Tt ^^\ ^ '""^^ ^''^^-^ *'^^ ^"^"^'«" "f the House to ihe passage of Lieutenant Magrath's report to which allusion is made, because it pmnts to the influence under which Sir G. Arthur acted. wn's wUrLnl'at%iffinr''r'"'n ^'^ ''^''' ^''^''''' ^° '"^" J-^"'- particular attention to. It 11 hi^ difficulty I could restrain my men (naturally enraged at the cowardly attack my solemn «ord and honor that, if found guilty, (of which there can be no doubt,) they y\ V I) i li 20 complain." '^^ °" "'« trnitors; anu tlio militia have otLrW ""' '""'"'^ ^''^ere ° othergnovancua of which thejr And in another Despatch :_ 'The constitutioniil niirfv ;, 7 i establish the no,itfon"'J,7T f"'™''''' ""inal correspondence of thr. „..• i . « ™- of extending ,„ ,h„„^«;= *;;- of Vy„i,, „„j Chancier, „,;.,, Governor GSrT7nrtT:r''r'^''^^'^^^ ^ <^' <^'>'^- instructions?! have to reau^ fh f T'*""^'"" '" "'« two Prov ncss "'f ^i^'™""-^'""ner. in all cases of all the prisonerT w,rh f'''T""''.^^'''''*"^"'=y «i'l fomarrl to ne '•='"/'ir "'"='' "'"'hese also favor me wi?h you7'own vie^s'''''^'' '■^"'-^^ "?"" them 7nd tha^Your F "'^u'' "^ ""' One would have thou;rht that Sir P. * , ference of this character: but what vvt 7^' '^'l'^"'' ^""''^ '^'''^-^ «o»'-ted inter- Lord Durham, under date 20th Augu!;;^s3,:■^P'^• ^' '' ^^""'^ '" '"'« ^^^"^ to "I have th h --"o^si, locia. which his LordshinconvlJl . ^'^^ "'•^""^^ '•'''"'"tly received dnfe/^h,'"'.""'^ '""'•« espe- entirely coinciS'lLX Ssurr/t' ^'""'f^'"? «-"--« Jhft'Ser'Sfaie!;'."'^' ^"^y'^'' '" asGover„or.i„!"c£?«'-^^-"--in,thisGovernL™nrun^^^^^^^^^ 'i hope 30U will iragrapli:_ 'riviinl chi-er- inoro srvero )f which thejr 1^1 I do not cite these documents as evincing any disposition of Sir Georn'e Ar- :'.ur'sown mind as to s.-everity. His feelings may have been kindly, but llulvcrt to them as shewing the pressure under which he acted, in the absence of which, humanity would too gladly have caught at Lud Durham's intervention as a happy relKif. But when, in reply to the communication which I have just cited. Lord Durluim in his Dispatch of the 24th August, 18.38, after consid- ering at length the extent of his lutliority, closes with the followin-^ pas- sage : — ° ' "I mu3t thorefore repeat my request for tho reports, statements nnd information, which I previously desired \our Government to transmit to ine ; taUinij for granted that you will rs a necessary c.msequence. respite all the prisoners until I shall have had time to make the inquiries which I [ ropose." We find Sir George Arthur in his letter of the 29th August, and ^Ist Au- gust, remonstrating against the interference of the High Commissioner in tho following language : — " These considerations, together with a reference to what mnst bo the feeling of the lems- lative bodies with whom I have to act, and who would not fail to enquire with Rre.n strictness into any innovation upon the constitution of the Province, and most particularly in respect to the administration of justice, induced me, whilst I informed Your Lordship, that the >entence ot death upon tho convicts Chandler and \Vaite,(the representation ..f whose cases liad appar- ently been tho ..ccasum on which Your Lordship Ihou^'htit necessary to comraunioato with me;, had been ordered to be respited before I left Toronto, to request Your Lordshin would excuse my delaying to reply to Your Lordship's despatch until my return." And again : " Your Lordship is already in possession of my Dospatebes of the 30th May and 7th of June, to the Secretary of State. A copy of His Lordship's answer to tliom, 1 have the honor to enclose, and I would simply observe upon ii, that, even if it be possible that I am mistaken in the opinion I have formed, that it never was intended to take o;'t of the hands of this Go- verninent, the decision of such cases as Waite and Chandler ; yet, Your Lordship will, I am sure, be disposed to admit, that the views J entertain, and have expressed in my Despatch marked "separate," might well be drawn from the Secretary of State's reasoning and in- structions. '' '' In almost the very last stage of these anxious proceedings, I must confess I was surprised and disappointed that, on the application of the families of two of the most active and har- dened of the traitors, who had encouiagod and led a band of ruffians to enter this Province, and secrete themselves in their own neighbourhood, with a view of again raising the standard ot rebellion in Upper Canada, Your Lordship sh.. *»Wa»iW.■V»WflW^^«.^. #•" ; • Government a^ li.e InL" '"'f "' *'"* '>i«'>nlcrs which l'3ve been happily educed from tl o e uJnrJ? *""'''»'"^'"f"l change, which c.nd„ct of my honorable friend anVr^^tf'''"^'' ' ^^'''^'''g »« "''o public J "...ht ask thi. Hou.e without m 11 ras"' to ^"'''V^'^" "PP'-ite. I tn he any just losses sustained duHn-^ or 'n '° ^'' '"^^'^'f. ^vhether. if there House ,s prepared to say that those^lo-sesT.l?'.*'" "''"" '^'' ^'''^""■»n. ti.L chance and misfortune exposed to sue .n / '^ *'"'■"'* ^>' '"'lividuals uhom be borne by the State, /think I .n Sttni rs'll"'""'? ^^^ ''''^'" '^^ rat- hoy can discover in honorable ^ZfZenn.l ".*""' ""'^ ^f^^ '^'^""try whether larity, that a measure of this khid mTr L P.""'''"/"^ «"^'' distinctive pocu- h-r hands only, or whether mytS,^ "^^ «'- '" M.> ,„,rf, /.^ „ safety be permitted to pu,sue the 00^;^ cHctS hv^^^ "''•'"' "' ^'''' "^'l""' ui^7 .T'" «PP"«!te. I thi..k I mH a"h ,bfJr'"''^""'' '""■ked out whether the sort of opposition otf.r^d" J ."1 ' """■'? '•'"'' ^lie country prepared by themselves, may not be justly strm^fi" T^"'''!-' '" """« ""="^'"-« to the measures of Government ? I u J tK^^^^^^ propos.t.on ,s not to pay the losse of rebels in '^'"■"'--" J"'' ^ossrs, for the as has been studiousl} stated-it s not nr'";' '"'"^'"'^ ^''^ Government, proved ,n the heat of conflict- Tnot ^'^ Z'' ^'^ ^"'' '"'"'^'•"'^ '^^- who may have suffered under the entence of .1^'""^ /« '•«'"" "^rate [hose cases are left still to the cnr^ nfTn? , , *''« ''"^'^"f their country ; thosA position is to pay for the destr;t?on or ,"0" ff t"''T" ^?'"^'"'- ^''^ P-' crcumstances not warranting? such LtniJon^'T'^ '''''"•' P«''^^^ ?3 may justify the CommissfoncMfin dthW^ '' "'f' ""•^'^•" ^''''^^mstances ^t IS first said that the proposit on brou'h; in ? Z' ^''T *" ^« J"'^f- «"' a proposition to pay ;W losses wl,;!?.? '^ *'"^ gentlemen opposite Avas is not so qunlifi'ed! 'noaII^'^'s ;;\ -f J l!; f^^'-^'^'^" ^' '"^^ J-noVUle fn'nd ' perusal ofthese resolutions fori slp^,L''%"''^"'"''^"* '■^^"■•''cs only a no exception can be taken. T^t are ^^ Je'"." . ? '''1 ^^'^^ 'o"'- resolutions i%rw!!^r' -^^'-^--s'ollor ?- "^^'^ ^' ^^'^•''^' ^'- —7 of was unanimou'sly ado^tTd 'ly fhe'Le^iratif: a"'""\!'^?' 7 ''^^'^ Address by them presented to the Ri^ht fW I, ..'''''"'''>' "^ ^'"^ Pi'.vince -md calfe, the then Governo ' General ofl' ^'""'^-^ Theophilus Huron lAet. ;; would be pleased toVaus'^rp: ItSTo' b^e'^'f 'i '•"''* "'^ ""^^^'y the inhabitants of that part of thrProvinre f '^ '?' '" ''''^'' *" '"^^^'•e to " nity for just losses by them sust-vinpir " ' t'^'T'^y Lower Canada, in.lem- 2. /^-.w.-That'^orSico rt:;f'"^ ii^s. five persons was, by IlisExcellen y k^^, /g":!'"^^'V^«^^' l^ Cu.,,.-,.,..:! of to inquire into such losses arisino-T' 1' Governor General, .h.lj- np„ol,ued 3 ^.../..^_That it -a^pS f ^"r &'"? T '' ^'" ^^^ -' i'^'''^ dated the 18th day of April 1846 '^Ihat 2 . "f '''^ Commissioners, s rict and regular inv4stigation of the L •"""' ^^-P""'^" '^ P^««eed to a sioners no other resource ThaHo tn f^ f. 'n '^"''*'°"' ''''' ^''^ ^'^^'"'"is- u^ h- < hat I was liam in (Jiis y autliority >W', having ices during (lers wliicii 'gt'd wliic-h tlio public itt^". I trust % if there 'II ion, til is Juls wliom "ot ratlier 5^ wliether ive pocn- ds and in 'ast equal iii'ked out coinitry measure pposition . for the eminent, lerty de- fite tiiose ' ; those Hie pro- fil under nstanees t. But ite, was , e fiiend only a Dhitions I racy of it the order oi" the Rij,'lit Honourable Charles Murray, Earl Cathcart, the then Administrator of the Government of the same, stating, " That the object m" " the Executive Government in appointing the said Commission was niert *' to obtain n general estimate of the Rebellion losses, the particulars of whit " should form the subject ot more minute inquiry thereafter, uudv,r Legislative " authority." Then, Sir, when the next, the 5th resolution, proceeds to state, "as the opinion " of the Committee, hat in order to redeem tlie pledge given to the sufferers of " vincial Secretary, it is necessary and just that the particulars of such losses not •' yel paid and satisHed, should form the subject of more minute inquiry under ** Legislative ■ .thority; and that the said losses, so far only as they may have " arisen from the total or partial destruction of the dwellings, buildings, pro[)erty " and effects of the said irdiabitants, andby the seizure, taking or carrying away " of their property and effects, sliould be paid and satisfied." Can any man of common sense doubt that the expression "such losses," mentioned in the 5th resolution, nuisl and can only refer to the. just losses spe- cified ill the preceding resolutiot. ? I shall not trouble the House further on this point; it would be an insuli to common sense. However, it is next said, that the proposition of the honorable gentleman opposite was a pniposition to pay the losses of /«//«/ subjects, whilst the proposition of my honorable friend is for the payment of the losses of rebels, and no dcubt. Sir, the language of the commission if it stood alone, might seem to justify the first observation. But I shall not assume that honorable gentlemen op|)osite meant to palter in a double sense; I shall not asaume that they meant to insert one set of words in their commission, and another in their instructions, that they might have the benefit of either, as occasion should require. I shall not assume, that honorable gen- tlemen will disavow their own official correspondence in this business. When, then, in the instructions sent from the Provincial Secretary, the commission wasf*^«!«n« of ' race, antipathies of religion all 't 1 V T'"'' "f '^''''"'^' antipathies of ment of the Province inmos^ib . t , T I ^^"^ "" *''" '"-'^"■^''' ""vern- to adopt the propositions'of u bono. ilTfH r f"' "'yself toask this House been done during a period of Jur h is ;^rt nfT' Vi. ^/'^'f' '^''"^'^ ^" "'^"'t '^^s to prove to this Ho4, that .Ce ai:"^.^ f^ itL^JlXt.^qT:? ^5 I shall not speak of wirirv^ iZ '7^''" ""r "'" *''^^ ^^''PP'^" ^0°. light. without onJworclof ctiint il'r ""?"''"' I •^'"^" '■^''''' ^« ^^^^ "«"«« hero, which cannit trppo^S t ial": a^f tl^e" s^''"^'' "'?'•' T T'^'^"^^ nessed and deplored •— ^^a^gtrate the suffering which they wit ■ houses which were lnu-nt,exet.pt lho,Vt at 3 ;n;r I 'r' " '? ^"' '^'^"'^''' '''^t the froa, the fortifiod church, ^^e^t^^nV^t^rMll'T^l'^:^ /ndrivin;, the rebels Chono. who had boon driven from the eountr/In'octl;:^;' L^^.td Ive Jber'"^"" '"'' '''""•^' "" ju;^inris^:^r:';fSo^::^'^-^^ '^^'^ ^-' «^ ^^-■'-. ^^ted severities should hav" been practised to e V I -^ " ^ •"' • " ' •"" """ ""^' """^'^'^^ Her Majesty is gratified to Lrn "s bM lly m ijated '^t' :r "/^^^ "^"•'"' •''";"'"■••• they maintained unimpaired .h'ir^wljh'cLl^l^tir rdi::^^:;,:;'^!]^^ ^"^^^-'. . fol^r:^t:X:.^T''^ ^^^ ^'^ ^- ^"^^-- ^^ ^--^ ^lenelg. there . the "Sru o„i ri -1 ,. . "J^EAiTitARNoJS, 13th November IS^fl .in,S^:7^:;,S:7^$;^ ;-[i -;:^ed 3;.ter.ay to St Martins with tb,. tst a::'^"^. men wounded in our attack on lis p bl^on ti Sht Tfl^T /'^^™<^l-'r^ '■"'"™ '>f' t>- regret exceedingly to have occasion tf f^rm ou Imt I have tS' > '*' '*'*' •! ?"' "'^■''''"^' ' the destrucfon of th. greater part of this villigo'by £0 """^ '' m,po.,s,ble to preve.it the preceding day , but^they Ll no „ln" ^ extfn^S nl" t^r'n '""' ''^, -''f T'^"'""'' "*' to say, have extended to tl-.e houses of many loyalist" ^ '• ""''"■'' ^ ''^'^ •'°"'>' " I have, 8io., "GEORGE PIIILLPOTTS, Ma.tou. n. E., To Lieut. Col. Eden, D. A. General, " ^'"'"^' ^'°'" ^'ommnndin- at Bt'auharnois." Head Quarters. A second enclosure in the same Despatch as follows :_ "Srn Ti.„. .1 I. "^■^- ^'^"^^^""'S'C"'' St. GkokoeJ), nth November IS-^S hav^;:^^.;;^^,!;;^:^ s:r:f;or Kig'n^" j%p'-- ^ «" ~s <^ "'o. notorious rebels, of the name of liove w n „- ?^ ^"''?"'' ''?'''"'"' '" Alehouses of two caused their bouses to be urn d- and t I TFr^rT'^ '" "i*-' "i*^^"^" "^' ^"«^ "'"'•-^••- I notorious rebel.ofthenamoofB.il a U -ksn it^ '1 ^"'""T ^ '''? I"ul the house of a gents, destroyed by fire on our Lreh ^ nm 't th ^^''^^f ^^^^ '"'^7 ^"' '^'^ '"^"'- eoveral leaders of minor note, whose ^^^^l^^Zp,^^^^ J. .M 'DONALD. To His Excellency, Lieut. General Sir J. Colborne. G. C L &c &c ^^'''"' ^'="'^«^''- I i .^ttib 26 /' force cmployt'tl, but by persons who had suftorrd by the insiuj^rnts, an 1 wore aoquaiutctl «ith the character of their neij^hbonrs. UiuUr such cvrciiinsiaiices as have occurrpil, it is scarcely possible to prevent irregularities, but I have satisfaction in reporting, that in every instance in which an}- have talten place, the officers have used their utmost exertions to bring the offenders to punishment." And lastly, Lord Durham in his Report, page 59, stntes;— " It cannot, however, be doubted, that the events of the past year have greatly Increased the difficulty of settling the disorders of Upper Canada. A degree of discontent, approach- ing, if iidt amoutiting to disatfection, has gained considerable ground. The causes of dissat- isfaction continue to act on the minds of the reformers ; and their hope of redress, under the jjriscnt order of tilings, has been seriously diminished. Tiie exaspe-ation caused by tliocim- jlict iiself, the suspiciiins and Icnors of that trying period, and " the use marie htf the tiiittH' phinit paily of the power tliroirn into their hands, have heightened the passions which existed before. It certainly appeals too niiieh as if' the rehelliov had been purposely invited hy the Gureniment, aiul the unfortunate men loho took part in it. deliherately drawn into a trap by those who suh-ict/iieutly in flirted so serere a punishment on them for the error. It seemed too, as if the dominant party made use of the acrasion afforded it by the real guilt of a few desperate and imprudent men, in oidtr to persecute ur disable the tehote body of their political opponents. A great numher (f perfectly innocent indiriduals u-erc thronn into prison, and suj^ered in person, property and character. The loholc hodt/ (f rejormcis rrerc subjected to suspicion, and to bar- rassing proceedinys, instituted by magistnites, whose political leanings were notoriously adverse to them. Severe laws were passed, under color of which, individuals were generally esteemed, were punished without any form of f lai. I know, Sir, that no observations of mine could add to tlie weight of testi- mony which I have adduced, proceeding as it does from the most unquestion- able sources ; and I have already trespassed so long upon the patience of the House, that I shall not sufter myself to add a single observation. But the House will permit me to sov, that I, as an individual, have no disposition to shrink from the responsibility of supporting the measure of my honorable friend. I cannot regard this as a Revolutionary measure. I have no appre- hension of being termed an abetter of Revolutionary violence. When the other evening the honorable Member for Saint Maurice proposed an amend- ment to the address in answer to- the speech from the throne, because that address contained no expression of sympathy with the fearful scenes now pass- ing in Europe, that call of the honorable Member for Saint Maurice was not responded to from this side of the House. The sympathy with revolutionary violence proceeded from a very different quarter. Those of us who witnessed that strange scene shall not shortly forget the hot haste witii which the honorable Member for Gaspe pressed forward not only to support but second the honor- able Member for Saint Maurice. The eulogy of the honorable Member for Gaspe was in such happy unison with his whole former life that it was exceed- ingly pleasing. I have too much respect for the honorable Member for Saint Maurice, to think that he sets much value upon a eulogium coming from that quarter. I shall not attempt to trace it to its origin, but from whatever source it may spring, no doubt can exist that the expression of sympathy with revolutionary violence, proceeded from that side of the House. We on this side could not support the amendment, because, so far from sympathising with tliose fearful scenes, we shuddered to behold the ancient capital of Austria bathed in the blood of its citizens — we wept to behold that fairest city of southern Italy laid in ashes in the frightful revolutionary conflict for popular freedom — we Btood appalled at the sight of a minister of our Holy Religion, clad in the vest- ments of his olfice, with the olive branch in his hand, — we stood appalled to behold that holy and venerable prelate, while devotinghimsclf with true chris- tian heroism for the safety of his cDuntry, smitten down by the ruthless hand of red republicanism. And when we view the great Head of the whole Catliolio world, whilst laboring to promote his people's happiness amid&t unnumbered 1 [uuiutcd with •uiTpd, it i^ that in fvcry ions to bring tly Increased t, approach- es of (lissat- is, under the J by thocim- hti the tiiittH' 'hit'h cxi'iti'd wited lit/ the trap by those 'A too, as if esperato ami iponents. A •d in person, and to har- tirslij adverac dly esteemed, it of testi- aquestion- ;nce of the But the position to honorable no appre- VVhen the \n amend- cause that now pass- ;e was not olutionary witnessed honorable the honor- ember for IS exceed- • for Saint ling from whatever athy with n this side with those bathed in lern Italy 3doni — we 1 the vost- ppallcd to rue chris- bless hand e Catholic inumbered 27 r^^::^'::^!:.!^:^^^^^^ ^>^^ PontincaIthro„e;„ elements, that He would turn Zm to , ""V' "' f " ''''"*''^^ ^"<^h A^rc" pathise with the wrongs <.f "ufV^.^ "^ , ;? •'^ ' ^oo^^^^ , /deeply do we sym- sympathise with the ^rong!,Z^Mi^^^,^ ';v'--'7 cl.me ; but while'we those awful struirgles by which n^ in l '^ 'S » so permitted us to .leplore And surely, Sir," it ^4^ n rrtir;i^;Ut7\".'n^''^'^ ^'-■-• tentative of our gracious Sovereign to liL '^•^•'^ted station of the Repre- tion to our own h° ppy eondit b ,-fo n v ,m , 7 f '"'f ' '''^ ^'^^^^'onate atten- constitution theVonstitutionllf 1^^^ Z^'^^T^T'' °'""1' ^"" ^"---"^ f.onary violence,— a constitution wf, l V • '''':' ff'*'^'^''^' outlawed Revolu- means for renu^dying everr ons '^^ '^-^^"'^'"^ constitutional 'ne, Sir, the.e Provinces ar^e not ds^ ;'',';"" T^''^^ ^^'-""S- ^^^'^^^ve handof power ; they are Sister AovS !s^rnUedr^^ by theha,, iron of interest, of affection. True, wLen XL P.. "^ ""^est ties of kindred, Upi'Cir Canada, the lar-e TebtTn mn T'"''' '^'''^ ""'*'■''' ^^e ^ Lower Canada, 'and thar w s ,„ . ^S wh cir/" f"' ?"^" ^"^'J^'''^ -'' to sanction. But, I know that Loi .p An "f"'' ^ "°^ "^^ prepared and forever.-I km,w that sl^ ^nr' v^^^' '' '•^''"'^' ^^ forget that wrong, remotest village of Upper Cana h In nf • f ""^ improvement of tlfe through herowncounttT-CTconV /»""!," f '''''^'^'' ^^ventually to flow by mir^oble impro'mJ^ts t 4"f ^^^^^^^^^^^^^^ -signed to us. U which our ^nll^l^C c^Xe?'r -f''^ "''''' ''- towards the establishment of her commeic .1 n '^''''^' 1''^ '^'1^ *'^ken Upper Canada will acknowled-e in ovoT- P^ospevny. I know, that gationofour noble Rivr?„?w vX.^-^^'r'n""* "^^'^« extremest navi- produce. When I look o the L i l S"'" *'•/•' '^''' ^''' «"*<^'P'-i«« oan the extent and perfection of ouHntnf.rLr^^^ '^^r '''"^"^^ ^^^"^ '^'^-^-'^> of admiration at the view of ,n 1 T "^^'gation, I cannot repress the -low industry for its ^^^^^ 7^^::^'^^^''''''^ r'"'"^ ^^^ '^-^ ^• th s foul demon of discord that has betn Intol ed °"^„'"'S'^^>^ ««""' ^ to exorc-'se whose dearest interests are so eeplv into .l^r '• „ '"^ "'™' «^«"'' ^■'''W'-en, whose progress we so earne Sy deTire t, ! '" ^ ^^ ^*' civilization "who maketh his sun to shLe on t « e^ - ''' T'' ""{ ""^' ^""^""^^ I'^«thei' on the just and on the unjiLst » ^ ''"*^' °^°''' ««'' ^'^"deth his rain H^.t?r^:Si^;X ^^2r f r"^"^ the attention of the losses sustained in Lower Crnadinndf' •" '""'*'"' P^Jmcnt of the the present Governnient to ca ^ 'i, to effc^f If" tr''""! "'"'^ had induced Assembly, and the reeommanda io of t^ L V''''^' '^ '^'' '"^« Legislative ^|. ^tions urged against tl^ ;S;l:^^:/l^Sned in Lower Ca- ^^^^ ^^!:^^Slr^X^^^^ chiss of persons who are a«y other consideration, if e ' nSi an toT H '^ ^""^n''''' ^P^''* ^''"^ the losses there fairly, honest rnn-lni ^PP^*" ^'^"«^''* bad paid the losses in Lowe^' Can?d.!f ,ve I fo b^o '"'• l' ''^ ^^^^'''^^ ^""^'^^ ^"^ Funds, it would be a m- P.cf -^ ? ^ P*"^''^ «"* o^ the Provinci'il not be tolerated rulwoul7nJe,::rT'° '' ^PP^^ Canada which S the present Administ, t " lli Si . 'f'" i"'''\'^^ ^'^ ^ *^'"sle member of ^^... on examination, that a^^^ ^^^^.^^JSJi^,-- ^l^;-^^ 28 and is still taken from Lower Cannda than Upper Canada. To prove this fact, we must go back and examine the state of the revenues of both Provinces before the Union, at the Union, and since the Union. From the public accounts, it appears tliat the amount receiveil before the Union, was: in 1838, in Upper Canada, £67,418; in Lower Canada, £113,568; in 1839, £93,832, and £157,-109; shewing a balance, in favor of Lower Canada, of £63,577; in 1840, the returns were respectively, £91,711 — and £l73,o64; £81,«53 in favor of the Lower Province. We may now, as we did then, say, that this division was unjust to Upper Canada, inas-inuch as our imports exceeded theirs; at the same time, we cannot deny that disinterested arbitrators thought differently. The Hon. Ward Chipman, fiom New Brunswick, was called in as an umpire between the parties, and assuming population for the basis, assigned one third of the import duties to Upper, and two thirds to Lower Canada. We now come to the Union; the Hon. Member from Hamilton says the Union was established to put down the Lower Canadians; at that time public opinion in Upper Canada was nearly equally divided. The party in favor of the Union considered it indispensable for the mutual advantage of both Provinces. This opinion was founded on th*^ ;:!itive prosperity of two countries lying side by side. The one under one Government and one power, controlled the entire country from the navigable waters of the Hudson, to the navigable waters of Lake li^rie, which were then connected by canals, which had increased their trade, their wealth, and general prosperity. The other under two Govern- ments, had neglected to improve or connect their navigable communications, and with all *^lie natural advantages they possessed, trade had dwindled, and the prosperity of the country remained the very opposite of what was so strikingly visible in the adjoining country. Under these circumstances, it is not surpris- ing that the Legislature of Upper Canada should have been desirous to obtain the Union. Many felt that the terms were unjust to Lower Canada, and voted for the measure, because better terms could not be obtained at the time, and with a hope that an ample equivalent would hereafter be realized by Lower Canada in the general prosperity she would attain. The terms and conditions of the t^nion should be borne in mind by all those who cavil at the present dis- tribution of this revenue. The only equivalent held out to Lower Canada, for the additional one-thiid they then received, was the payment of that part of the administration of justice out of the Consolidated Fund, which was then paid in Upper Canada, out of the District funds. They were also compelled to assume a share of the public debt of Upper Canada, amounting to £1,179,949. While members irom Upper Canada maintain, that the debt was incurred in the con- struction of public impro\ements, equally beneficial to Lower Canada, members from Lower Canada maintain the reverse. Both are in error respecting this debt ; whatever amount was expended in C^anals, Harbors, and tliat class of public works which promote trade and yield a revenue will, no doubt, hereafter prove equally beneficial to Lower Canada ; but she has no interest in the expenditure on local works not productive. From a careful examination of this expenditure, it may be thus cla!«6ed : No. 1 . — Provincial Works, including Welland, St. Lawrence and Burlington Bay Canals,.. £658,504 No. 2. — Light Housus, Uarbors, on which there had been expended X114,845, now valued at 73,038 No. 3.— Roads and Bridges which cost i;254,187, valued at 197,807 JE929.949 Leaving aloss of. 250,000 To make up the debt of 1,179,946 )V(3 this fact, :h Provinces )lic accounts, B, ill Upper 93,832, and 77; in 1840, 3 in favor of division was ; at the same ently. The an umpire d one third .. We now ; Union was ! opinion in E" the Union inces. This ing side by id the entire le waters of ;reased their wo Govern- munications, [led, and the 50 strikingly not surpris- lus to obtain a, and voted lie time, and •d by Lower :1 conditions present dis- Canada, for t part of the then paid in id to assume •49. While in the con- Ja, ineiubers !pecting this that chvss of bt, hereafter :reat in the vrainution of 558,504 73,038 197,807 )29.949 i50,000 179,946 29 ^^'S:^^.^:^^:;::^,^:^!^^ ^- ^-n disposed of .nee 2i to 8i per cent. This increi e ta mlde for' n''''?^''^ 'T' '^'' ^'"°" f''"™ struct.on of public improvements IlTr T ''"!''' ''^J""' ^'^^^ the con- portion of this expenditure I h./el^vr ^'"'"^" '''''''^ ^''' ^"« P'^o- shew the precise amount expendoHn ^hl^ p'^"'-'''' '*^*'^™""' P'-^P^'-'^d to large balance will be found' in favour of Un'r''' ^* ^''^ ^^^^'^^'^^ * Licenses formed at the Union ^u.JfZ' f P^?' ^^"^^'^^ ^S^^^-. Tavern taken out of the general ^enL' and ' £77 1[''^•^' ''^^^""^^ ^^""^ f-d i" Councils for local objects. The los"es in IT i r'^' "^W^^ °^ '^' Municipal this branch of the general r v nuo te^E ^rf't-''^ ^''' ^^'^^ ^"t'^of Canada of two thirds of the tax n^:.] 1 .f '^''"'^ '' ^^ '-^^^ve Upper tinie that she says only two-^t of" t it W '^'%^r'^^ '•<^^«""e, at the same being £40 000, 'and L Lowl C^ a^ilOOmo \^^^ ■ paid out of the general revenue of Le count^v T 1. r'" ^'^"? ""S^'' '^ be to her proportion as well as Upper Can. cla\, ^''"*''^'' " -i"^^^^ ^"titled the Consolidated Fund, or dir^f taxatio ' n w f' "" '''^''' "^'^^"^ than this position, the truti. of whidi In b ' n Vll i °' '"" '^''""^^ ^' '"^'^^ contributed to the DavmoTit nP f • . ^""^ demonstrated. Tliis fund Canada pays her ^ ^ t'VaTSlrf ^ ""'"^ '''':.' ^' -'-'" W until the debt was firsf paid off Jlno "In ""f"' '"^ ^'"^'"^^'^ that fund o Lower Canada in tlfe case of 4e ^ i ' o^^ti'r '"t ^™= "- d-« Upper Canada from this expenditure nf n ■ ''''"'^^^^- I" order to relieve of Justice, from her District ase"^n'tsi.^^'"V' ^'^^ "^ '^'' administration mstration to pay out of the ToZSa rJZfeTr'' '' S^ ^'"^^^ '''"^'' following manner :_An excise estnM !h '^^^^^""e.— Phis was effected in the first time, and a tax on wlTkey Sosef t^b ""''^' ^" ^^"^"^^ ^^ «^« farmer out of Ids coarse grain to nawhl n nv ' /".^^^^t, was paid by the tration of Justice; this talwa^aireVtendp?^ '^^'^' ^'' ^^e adminis- her of any advantage wha ever ecei od f f ^"''''' ^^"^'^'^•' '^^' depriving evading the terms of%hrSn Act 'S ^ "'' ^"^ '° '''' ^'''°"' ^"^ Licenses. I have thus proved fitm 'f,"?^;'=^"f "^^ «« i" the case of the Tavern ist. That prior to ?he Unfn , ? f ""i"'"' '"•"^ documents- nue than Upper Canada. ' ^"'"""^ ^"""^^ ^^^^^^^^d one-third more reve- Ca^adk SlliS ^:-^:i'^l!!r Sf ^ ^'^'^'^ f^"^'^^'-^* -"-'^ed to Lower of Justice which had be n and itSTto bl ",' ^'W'' '''' administrat^n the different districts. continued to be paid in Upper Catuda, out of te>^s?;;SS^^;£^:;j^^^ ,,,,,,„. Union. '"i'P''^ "^anaUa which had been created before the "'ST'Si'ir ''"?«° •'^?^' '™tr L"rff :^s:" ''■°'™"» '-■ ^'*'« 30 of Injustice to Upper Canada, on the subject of revenue. The next point, or question to examine, is the class or description of persons who are enti- tled to indemnity. From the language of honourable gentlemen opposite, you would take it for granted the payment of those losses had originated with the present Administration. This is as foreign from the truth, as thsit the Upper Canadian losses were paid out of the District and not the Provincial funds. When the present Ministry were 'first in power, they refused to bring forward the payment of the war loss(>s, on the ground that the Provincial revenue would not admit of it; but when the late Ministry came into power, they entertained different views, and passed a Bnl for the payment of those losses in Upper Ca- nada, against which I voted throughout, on the ground that we would be com- pelled to pay similar lo.*8e3 in Lower Canada, which I apprehended would amount to some three or four hundred thousand pounds ; but I am glad to find they do not exceed one hundred thousand.— That Bill was passed, and an ad- dress to enquire into the amount of claims in Lower Canada also. Conunis- sioners were appoinicu, nnd the class or description of claimants clearly desig- nated in the instructions of the Provincial Secretary. The same riile was adhered to here as in LTpper Canada, and in my judgment it was wise and judicious. How were they to discriminate, and how could we adopt any other rule ? A general amnesty has since been proclaimed, and could we draw an odious and invidious distinction, at this late daj', to create dissatisfiiction ? We trust all are now good and loyal subjects ; it is our duty to keep them so, and not disturb the harmony which now happily prevails. From the results of my own personal experience, I feel it would be very difficult to draw those delicate distinctions between those called loyal and disloyal. Although I was among those who first ealablished the outpost at Fort Erie, and had the charge of the civil arrangements on the frontier until the arrival of Sir Allan from Hamilton, I neither escaped censure nor suspicion. The Magistrates in the Niagara District did not send a single man to gaol, when it was reported upwards of 1500 had been arrested in the Home District. Those who had left home were invited to return, and by this conci- liatory policy the disaffected were made good and loyal subjects and the wisdom of those proceedings is felt in the Niagara District to this day. No armed force was raised after the evacuation of Navy Island ; after all danger had passed away, the militia continued to be harrassed, and every means resorted to to keep up the excitement ; the most absurd reports were circulated by those whose interr "t was to keep employed, and paid. In the next session a Bill was introduced, ^o co iipel every voter to make oath he did not belong to a Hunter's Lodge. On its first introduction, I moved to read it that day six months, denouncing the attempts made to keep up this feeling of hostility through the country, when I did not believe a single society existed. I cari-ied my motion by a large majority. I was then informed by my hon. friend from Hamilton that information was lodged with the Governor, that I had attended one of those Hunter's Lodges. I very kindly procured a letter which had been writ- ten from an influential ir dividual, in which I was alluded to. I called with the letter on the Governor, Sir George Arthur, to learn what for the representation had been made, and found, to my great surprise, that spies and informers had been employed, who had themselves entrapped and implicated, by the grossest perjury, some of the most loyal and best men in my District; although the letter referred to, had not the remotest connection with those mentioned, it had been so interpreted. A public investigation was moved for immediately, and His Excellency, the Right Hon. Poulett Thompson, by message, disclaimed tlia ( riie next point, who are enti- n opposite, you ariginated with that the Upper jvincial funds. bring forward revenue would ley entertained 1 in Upper Ca- would be com- chended would im glad to find ed, and an ad- ilso. Coinrnis- clearly desig- same riile was was wise and dopt any other Id we draw an jfiiction ? We I them so, and the results of cult to draw al. Although Drt Erie, and il the arrival lor suspicion, ingle man to in the Home by this conci- nd the wisdom '. No armed II danger had ins resorted to ated by those sion a Bill was ; to a Hunter's r six months, f through the ed my motion om Hamilton tended one of ad been writ- xlled with the •epresentation nformers had y the grossest although the tioned, it had lediately, and [isclaimed tha 81 had the pow.r to institute a. m^^tt tlf llonH ^"m''' ^^'^""^'°"' ''^^''^ ^ innocent, have been liabl. to the i, p° o^ of d tX 7."^ ''•'"" ^'^"'"^ with repeated opportunities of dismv<.r n„ /. '• ^ /'"^ circumstance, who had a little briefautho ity at hed ' e° <^n' ™"'^''' '''"''''' "'"''^'•"'^^ *h°«« Bibility of discriminating a^tl fs te dnv s'T""'''.?' ^"''"^ "^ '^'' '™P«-^- we have witnessed in the m'ent d bn^T . ° '' ^''.' '''"'•' ^''^'"S which to hope that nny Gov rnment eVn^^^^ ^•'" l^^ i" vain advantage to the count.TTut.Xnn/-''^ '"'/'' """* to themselves or of both r.nrts of t he co , tVj •/ we ^ ^o n'r '""'' ^f ""'i' ""^ '^' inl'abitants Union; and I feel confid u Mr SoeaT^ T anj bencfieial results from the the opporttmity to bHuR iu e iinrnhl ' '''''™?''' ^'''"'"i-^tration has the House, it will be ound 1 at ^ ou, d In ^''"7' ""''"'' '^'' ^^"^^i^Jeration of to pay olF the Prov nc U debt n " ""'^ ""?^ ''r^^^''-^^^'^^ ^^^^ capitalists and the coun v will' • bko '''"^'^"^'b'^J™'^-^ "measure in which pai.l. then, and not 1 3* 'L will ne inlS '^^^'^^^-^^-^J'^^r this debt is full equivalent for their present icrpip?' -r. ^°'''''' ^^"^^^ '''^^"'^ ^ full advantages of the Unkm to whTnlf I 'n'; -^ 'i'^' ^^'" ^'^'^'^ ''^^^^^ the revenue ; in Uie meanthne,it' s bt an t':>f"n -t '/"' r ^"' ''' ^'"^ ^^'^'^'^^l and, when eorrectlv understood t ;",''^^"fP''i'-'aI Justice to pay those losses, (CIRCULAR.) taine's Resolutions rega' din! ? rES" ^s?" • ''^"^^^ ^^ ^^'- ^^^on- -7 duty to put you in possesion of the r au"t?o? flZZ^'''''^' f^'"^ '' J^^est that you will make them as genera.lylir: ^^^J^e gll^^^ ^ termed the loyal partV TKer CnnaSx ^T'"' °^ • ^'' I''''' '^ ''^''' '''^' for raising the money! After tLunfon of^'flT"'"^' ^''.''''^''' ''^' ""^^^ proposed an amendment to the Act w Idch Lnf /7?/'-°^->?«««. Col. Prince the consideration of the Le^islatu^-e 0„ I,^ ^ * /•''^ '"''J^'^ ''^S''^'" ""^er Act was amended so as to ncudelosse? ,-"¥?'''"." ^^ ^^'' ^•'^''^^^^"' t>^« perty by the military or vrnteers 2 n^o^""'^ l^ '^^ destruction of pro- payment of the losses In 184? tL .^■ P'^'^"«'0"' however, was made for the Administration, of which I wS a rmb^''' 7' Y''''^^ Parliament. The Consolidated Revenue Fund for th^n?^ ' 'T^ ^° "'"'^^ '^">^ ^^arge on the inevitable result of pLin!: any cti4 fS 2^^^ "' '''''? ^"^^^'"^^^^' '''^' *'^« would be that the Lower Canada iZsr., .1. ''•! T '''" ^^""''^^ '•«^^""<^. was suggested that it sliou d be lef to tl p 1 l ^"''^ '■"'. ''' ^"'"^ ^""^^ I' losses aTthey might thirp oner Aftprn^^^^h v""'''i'"^ ^''^''' '^ P^^ «"«h Prince, a Sei;ct Committte '^fwhief sTrTla^ST'nn^d Z'Z '' S^' Sherwood were members was innmntprl u, ^-t^^ao and the Hon. Mr. devised to satisfy the claims of ^mbK?nl^^^•''''■*''" ''^'^^ P'^" c«" ^^ «nd Invasion of Uppt cLtdl » Th? ' r^^^^ losses during the late Rebellion wppcr ^.anada. This Committee never reported, and the 32 I • subject was allowod to rest until the Session of 1844-45, when the lato Ministers brought furwiul a measure for fhe payment of the £40,000 for the Upper Canaihi losses. This measure was resisted by Mr. LnFontaine and Mr. Baldwin, and other members of the opposition, on various grounds, but espe- eialiy because no provision was made for the payment of the losses in Lower Canada, and they considereil that all should be provided fur at the same time. When the measure came up for discussion in the House, the Administration agreed to an Address proposed by one of their supporters, Mr. Scott, and seconded by the lute Dr. Dunlop, and which was adopted unanimously, •' praying that His Excellency will 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 by them sustained during the rebellion of 1837 and 1838." You will observe that this Address was agreed to on the very day on which, at a later hour, the House adopt(jd the Resolutions on the subject of the Tt. c. Losses. The pledge held out by the Address was redeemed as fr ' as possible at the time, by the appointment of a Commission to inquire into the losses incurred in Lower Canada — which Commission made a Report, in which they have estimated the losses at about £100,000. When the present Administration came into office, about twelve months ago, we found that it was absolutely necessary to provide for the claims which our predeces- sors had virtually pledged the Government to satisfy. It has indeed been admitted by Sir Allan M'Nab and Mr. Sherwood, in debate, that certain claims ought to be paid, and these are defined to be the losses of loyalists caused by the insurgents or foreign invaders; and also the losses suffered by the inhabitants from the destruction of their property by the troops or volun- teers. Such claims, it is admitted, ought to be paid, and they would amount to a sum fully equal to that proposed to be granted under Mr. LaFontaine's resolutions. A great cry, however, has been made, that the obj ^t of this grant is to pay the losses of the rebels; and it is on this subject that the gross- est misrepresentations have been circulat^l in Upper Canada. It is not proposed to pay a shilling to any individual who has been convicted of high treason; but in dealing with the question, it is impossible to determine who were and who were not rebels. The diificulty seems to have arisen when the Commission was appointed by the late Administration, and it is one which must strike every one as a very important one. The Commission were instructed by the then Secretary of the Province, Mr. D-.ly, to classify the claims, and to distinguish those of parties who were engaged in the rebellion. On this the Commissioners requested to be informed what sort of evidence they were to take, or how they were to ascertain whether parties were engaged in the rebellion. Mr. Daly's answer was, that "they were not to be guided by any other description of evidence than that furnished by the sentences of the , courts of law." The present Government propose adopting precisely the same course as that sanctioned by Mr. Secretary Daly, the organ of the late Admin- istration. But it may happen that parties were engaged in the rebellion who were never convicted of high treason, and who, therefore, would not be excluded under the Act. I believe the amount of such claims would be very small in proportion to the whole amount ; and it would be very injudicious indeed were the Legislature, for the sake of excluding them, to sanction a false principle, and to allow any set of Commissioners to decide arbitrarily that men were rebels who had never been convicted of high treason. To the people of U[)per Canada, the question is of no pecuniary importance. The losses of parties whoso claims are admitted to bo just by Sir Allan McNab and Mr. Sherwood, and who ■ 1 \ jn the lato 000 for the ne and Mr. a, but espe- i in Lower same time, linistration Scott, and lanimously, tsiires to be s Province during the was agreed Resolutions .ddress was omission to ssion made )0. When ), we found [• predeces- ideed been lat certain of loyalists 5uff(ired by ? or volun- ild amount iiFontaine's ^t of this the gross- It is not ed of high rmine who 1 when the one which I instructed L'lairas, and 3n this the ey were to ^red in the guided by nces of the . y the same ite Admin- )ellion who le excluded ry small in ideed were principle, men were 5 of Ui)per rties whose d, and wlio ' 33 never were engaged in the rebellion, would amount to more than £100,000 which IS the utmost amount that it is proposed to grant. The practical effect, therefore of admitting the disputed claims would simply be to reduce the proportionate amount payable to the other claimants. I have thus stated my .lews very fully on the unfair charge brought against the present Administration, of having brouglit forward a scheme to compensate those engaged in the rebellion, for losses, and have shown: fint, that the measure was forced upon us by our pre- decessors; second, that we have adopted their own mode of classification, viz.. to be guided by the sentences of the courts of law ; third, that they themselves admit tfiat some losses ought to be paid, and that as these losses would amount to more than the whole sum demanded. Upper Canada has no pecuniary interest 111 adopting any different mode of classification. I shall new proceed to consider the proposed mode of satisfying the claim. It is alleged that the Upper Canada losses were paid from local funds, and that we propose to pay those of Lower Canada from the general revenue. This charge is substantially untrue. The iavern License Fund was part of the Consolidated Revenue Fund at the time ot the Union. It so happens that a larger amount is derived from this revenue m Upper than in Lower Canada. The Lower Canadians complained very bitterly, and I think with justice, that a revenue which happened to be lar with his approbation?^ ' "° ''""'" """" """ >«""«■« «> «'»■"'• pre'J^S .refenyas^SemaS/to '' 7 ," '"^ '," ™''= "' "^^ '° opponent,. I ,ill conclude aTdTSr^Sl"™"'^ """""'" "^ "" Your faithful Servant, F. HINCKS. P. S.— The foregoing letter was written for the informatm,, «f claims of. I, „,, .ookparti^lhtVSon 2uHrSdc7'\" .t".*' further directs the Commissioners "to classifv tlJpnlT!fr.V V ^^ ^^'""^ taiy IJaly by the Secretary of the Commissioners rpn.i,-r,-n<; fn,.fi •' ? tion for their euidancp Thnt l«tf^„ T • T , requiring further mforraa- latter document they were informed thit thp.'r ri„f„ j^'^ ^ommisswn. in the losses of %a; subLts oL " wS in fL f !f ^""^ ^'^ ''"^"^''^ ^"*° ^'^'^ =<;^!:e:^S5£SS--=-- f 35 make their dassification, and this, it must be obvious, is the main point now at issue. What was the reply of the Government, of which Mr Cayley waT a member ? Mr. Daly says that His Excellency having had under can^d/raluin m Comicdthe queries oi the Commissioners, "it is no? His ^xoIxiZy^riniZ tion that you should be guided by any other description of ev deShan ha turn.shcd by the sanction of the Courts of Law." Mr. Cuyley aVmust b« obvious to all who have read his letter shrinks from i\u^ a- • f C^ branch of the question. ' '''™ *^° discussion of this vH'. says that " the measure must stand on its own merits •" and H,nf n^n,, Jf t.. late Administration had adopted a false mode of cScation th is vouW be no excuse for their successors following their example. The aliswer to ^U this IS very simple. Losses have been sustained which all admit ouXt to paid. These are-lst. The losses of loyalists caused by the Sis. td The" losses of the inhabitants caused by the troops or volunteers. Boh Si All- r MacNab and Mr. Sherwood have admitted that these latter shouW be pai^ pi^vided he sufferers were not implicated in the rebellion ; and it ifat been stated by honorable members in their places in the House, that such \oL.^^ cun-ed in count.es where not a single individual was imp ica ed H , ,-"" IS the classification to be ma,de ? During the long and storm^^ del nte'whS.' has already taken place, not one member on Mr. Cayley's side Lrbeen nhl. i suggest a better answer than that given to the Commi Jsion i sby M Da y ,S to be guided by the sentences of the Courts of Law. The amendment 'of m7 Bou ton goes one step further, and excludes the eight personrXwere ifan ished to Bermuda under Lord Durham's Ordinance. Mr. CnyW I p Lme' ^VsSpf^^^ uda had a large debt (nearly £1,500,000) ; Lower Canada none Lower Ca nadaprotestedinvam against being saddled with this burthen ThT Union" ^on ir ;'^°" '''''''" ''''^^^''^^^^- The revenue then be Ion" n. toe.eh e tion was to form one consolidated fund. The revalue rlpriv. l K ^r to Upper Canada, and maintaJnld^eir ^ai^S lllXelff'^^ 1?"f ^ has gone into a statement to show that Lowi CuZl • i ^''■^'''^ public money than Upper Canacll sIlHL^;: Ui^'^'^ '" """^' ""^^^ '' ^'^ Another £100,000 is stated to be the excess of sdioolm^n ^ a ^'"''^•^' -rj- 36 •urely that is not to be considercl es money received by tlie former at the er pense of the latter. The same remarlc would apply to fhe £I50?000 e down as paid for contingent expenses of administration of justice, this bein^ I n^e Bume, the aggregate amount expended for local services since the' Unbn Every one a all acquainted with the subject, is aware that prior to the UnTon rL?S ''T^^T' f ^P'"''' Vf " ^'^'""y'^ «"* ^f t'»« P"l>li« chest in Lower SrJ ' I ^^ 'f '^ ?r' '° ^PP"' ^'^"'^^*- The result of the Union, there- fore has been to benefit Upper Canada very materially in this respect It 7s perhaps, not to be much vvondered at that Upper Canadians genefally should be anxious to obtain for themselves all the pecuniary benefits that they can but hey must bear in mind that Lower Canada will insist on j ustice boS done to her interests ; and they must learn to consider financial questions, such as the not tTw?f '' 'YT^'t reference to what isjust between man and man and not to whut may be for their own especial benefit. It is gratifying to find that tla;rir'^-H"^'"'%^"r''"*r^ °^^"^^*^'-' ^^' admitted in his speech that the losses in Lower Canada ought to be paid from the consolidated fund. 1 shall quote a short extract, and with it conclude for the present. « Well, the house had been asked to pay rebellion losses. He was willinc to uav losses of ft certain class, and to p.v them out of the consolidated fund, for he cod 1 nof sc^ tC fferenco latl^^i ^' treasure pronsed for pacing the losses in this case, and the proposition of "h" late Ministry tor paying ih. Upper dnada losses, for he did not think anHerson cou d be Ind t f' ""f '" ''", */'''/'*° Tavern Licence fund formed part of the consolidated revenue the Coni £d Futd %T H t^^'f^^ '" P^^'-"^ ''^^ ^°^«^ Canada losses also out of >.« rhr?i- K 1 ^' -^i"' '''u **' """"^ ^f '^5'^'* '« ■' proposed to pay ? In his own mind Jtrlinf •' •jf^'^d.Pn'i^Ple-that every person who had suffered foss- and had not been^n! strumental in bringing about that loss, should bo paid. (Hear, hear.)" F. HINCKS. l^ I if 37 THE REBELLION LOSSES. The first J'.*'' passed in the Parliament of Upper Canada on the subject of the Rebellion losses, 1 Vic, cap. 13, declares that—" Whereas during the late unnatural rebellion certain inhabitants of this Province sustained much loss and damage by the destruction of their dwellings ard other buildings by tb« rebels," &c., "it shall and may be lawful for the Lieutenant Governor of this Province from time to time, by Commissioners, to enquire into the losses so sus- tained by Her Majesty's subjects during the late unnatural rebellion." On this Aci it ;• jnly necessary to remark, that it provides for enquiring into the losses sustained " by certain inhabitants," by the destruction of their buildings, &c., " by the rebels." There is no limitation with respect to the parties to be relie- ved, who may be loyalists or otherwise, but the losses must have been caused " bi/ the rebels." The next Act on the subject was 3 Vic, cap. 76, the pream- ble of which is as follows :— " Whereas during the late unnatural rebellion, and on the several hostile invasions of and lawless aggressions upon this Pro- vince at various points by foreigners and c*.hers from the United States of America, divers inhabitants of this f i.-^'/ince sustained much loss and damage by the destruction of their dwellings, and other buildings and property, and by the seizure and carrying away of their property by the rebels and invaders and otherwise ; and Avhereab other of the said inhabitants essentially contributed to the effectual defence of the Province, by capturing, mai^y of the rebels and in- vaders, by advancing money and supplying meat, drink, lodging, clothing, arms and accoutrements, and also conveyance for the Militia forces, and otherwise, and by performing many important services in various ways, for which they have not hitherto been paid or satisfied, and their claims and demands are still outstanding ; and whereas it is just and expedient that all such claims and demands should be paid and satisfied after the same have been ascertained in the manner hereinafter provided : Be it therefore enacted," &c— 1st sec, £40,- 000 appropriated ; 2nd, Governor to appoint three Commissioners for each dis- trict, " whose duty i* shall be to enquire into the losses sustained by Her Ma- jesty's subjects and other residents within this Province during and in conse- quence of the late rebellion and invasions, and also into the said several claims and demands which have accrued in respect of any loss, destruction, or damage of property occasioned by violence on the part of brigands or pirates on tho waters of the lakes or rivers dividing this Province from the United States i and they, or a majority of them, shall ascertain, determine, and allow the amount thereof repectively." In the foregoing provisions there is no limitation whatever as to the parties entitled to compensation. All " Her Majesty's subjects and other residents within the Province" may claim under the Act ; and it is further to be obser- ved, that instead of the " losses" forming the subject of enquiry being confined, as in tl 3 previous Act, to those caused " by the rebels" the new one contem- plates all losses sustained " during and in consequence of the late rebellion ;" and, also, " loss, destruction, or damage of property occasioned by violence on the part of brigands or pirates, &c." This extension is particularly to be at- tended to, because in the Session of 1841, when a new Act was passed, an im- portant amendment was proposed, which was objected to by Col. Prince as being unnecessary, the previous Act being so worded as to include the class o) claims # 38 posed the amendment in 184]/pr?S ISat^^eV^i^V.^."^^^^'"' ^^'^ P''^- misconstruction, and accordingly he adhered to1t and ^ ^/ •"" P^^^'^ility of having been offered by the Ministry of the dav nf v ?f '*' "« «PP^^ition member. It appears that the yeas and Lv,w5' ^^,^V'^ ^^'- ^'"^Pe'" ^'^s a Nab and Col. f?ince w^re dou'btlessln" C iror^^t'^'Se'nf ^^•^"^•'^ ^'^^ clause mtroduced into the amended Act by Mr Ba Lin « r ^r^- '' '^' ted, &c that the powers vested in and dutirrenurred i? fZ ^fn^^ '* '°''- ers, under the said Act, shall extend topnZv„^ ,, , ^^ ^^'^ Commission- Majesty's subjects and other resTdTntswthntLt^^^^^^^ ^^ ^er the said Act extends, from thefirstbreakin^ ont nf fl^ •/ ^ ,v'"°'''"^® *» ^^h'ch of the said Act, and the several S, an d^!''^*^^ such persons b^ such losses in ret ectoTtvIo^^^ f?^ have accrued to any property occasi.ued by violence on^themrro^fnr' "^'.''Z^''^^' ""' '^''^"^^g^ 'f: or by violence on the part of persons act 1?,^"' '" ^'' ^^''^•^'^^^^'^ ^«'^''««' Her Majesty in the suppres.. on of the sa 1 Sh^?r '"f *° "'* «" ^^''^l^ of further disturbances. anLu claims LisTn^^ ^"^ ^'^'^ P'-^-^ntion of tion of any houses or other pren^Ti bv Her ^IT '"" /"'P''* ^^ '^« ««^"Pa- or Provincial." It may be well to add t^at tS. ^ ' •^°''?' ^^^^^'' ^^^P^^^^^ ced in consequence o. petitio„rfrom ntn./ Y ^''^^^^'"S «^«"se was introdu- ties had been^^estroyec-Wtrvorntrnf in ^"""^^'"^^ that their proper. pecee, rebels. The^Acts^ehting t he uLrSTdr. °' ^'^"' '^"'" '«^- shown, do not confine the Commis'ionerrtn fffiJ /^ •'^'''''' ^' ^« ^^ve those who may be able .o;,;orCXw^ "'!''' ^'-'"^ «f Lower Canada is to be framed vreciselvZ Zi' i ^^"templated Act for Canada, and, ^oouri, to .n.^^S::j^d:::;^::;r2:!::-^^ ^PP^^ \ i "^i' ^* d in conse- who pro- Jssibilitj of oppcsition iper v/as a Allan Mac ing is the >e it enac- mmission- i by Her e to which he passing uecl to any lamage of ''s service, behalf of 'ention of 3 occupa- Imperial i introdu- r proper- eing sus- we have claims of Act for r Upper > ! I ri ii'^ijnjH i " -It MTT IV I. i . ' W "i'-.iiHi « I • ^ cl I THE PILOT AND JOURNAL OF COMMERCE, IS PUBLISHED DURING THE SESSION, ON MONDAY, WEDNESDAY AND FRIDAY MORNINGS, AT THE OFFICE, No. 4, PLACE D'ARMES, MONTREAL. Subscription : — Five Dollars per Annum. THE WEEKLY PILOT FOR THE COUNTRY, IS PUBLISHED EVERY TUESDAY, ,-^ Subscription:— Two Dollars per Annum. W. H. HIGMAN &L T, J. DONOGHUE, printers, publishers and PROI'RIETORS. BOOK AND JOB PRINTING NEATLY EXECUTED. INGS, ) T ^G I