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Tot] HE In ofUJ orabl] Les'i *-IV.Q. i. «' f be! f . •* IS ♦' ke« ** Pr « « be " no « iyi « " is (( « « at ai ci a m it *( 61 b »"-i.rffromrn'<.rt *' beg to draw the attention of Your Honorable House, •* is the necessity, (now too painfully obvious,) of Arr.prciabie rsiiii- ** keeping up a respectable military force within both [y/ '"'''*' "•^♦^♦■'•^•'- ** Provinces." " It must be sufficiently apparent. Your Committee ;J;,i'),Vld'^Vl;ra|.. «* believe, that this desire for military protection does f^'ttc^ "''''"'* " not proceed from any apprehension of internal revolt " in Ujjper Canada, at least" " Recent events have proved how small the number Z^x^u^^ "*'" *^ *' is that aim at rebellion, and how ready and how well The great ho.iy of the people were " able the great body of the Inhabitants of this Province «»»'« '" i">t <•"«." t5 J any attempt at la- " are to suppress any attempt at insurrection : but the ""rrection. " civilized nations of Europe will learn, with astonish- " ment, that it ceases to be a question, whether the whether the Great ' •* Keptii>lic ol the I). « * Great Republic' of the United Slates of America, frV.lfi.^^Cs'o?',.'""-' " boasting of the superiority of its Institutions over those iSLTticaiT' *' of every other Country, has the power of controlling " its citizens within the limits essential to the main- " tenance of peace, and the honorable performance of . " Treaties, solemnly entered into by it, with foreign " powers." The fact nf lawless iiivavtiou of other countries by free hooters &c. fr«m the U. S. prove ihut their nei^^hb r* are not to expect Necu- ritj (rom tlieir for- hc-araiice or tlie mo- ral infliieiiceor their Government — but fioiQ their own Fleets and Ariuies. " The occupation and conquest of Texas, in the ' South, and the asseml)ling of an armed force on its * Eastern frontier, openly recruited in its principal * Cities and Towns, commanded by its citizens, and * by them also sup[)lied with arms, ammunition, cloth- ' ing, money and provisions, and transported in the ' presence of, and unrestrained (if not encouraged) * by its Magistrates and Public Oflicers, in Steam- * boats and other vessels, into this Province, and land- ' ed in it for the avowed purpose of overthrowing the * Government and wresting the Colony from the ' Crown of Great Britain,sufliciently prove — that, if the ' countries bordering on the United States desire to * protect themselves from the inroads of free hooters, * pirates, fugitive traitors, and outlaws, they must look * for security to their own fleets and armies, and not to * the honorable forbearance of the American people, * or the efficiency or moral inlluence of their Govern- ' ment." commitfee would Your Committee are well assured that nothing could greatly desire to re- re> i tr tt i i tt . r. • call the above im- ariord Your Honourable House greater satisfaction i>utatiuo. than to feel justified in recalling the imputation which this declaration conveys upon the integrity of a people, with whom it is the inclination as well as the interest of all Her Majesty's subjects, and especially those re- siding in this Province, to keep up the most friendly But a detail of facts intercourse. The detail of facts, however, which it will prove •* f'*"" .,, , , n -kt i^ from being exagge- Will bc thc dutv of Your Committce to lav before rated. '' ^ •' Your Honourable House and the British Nation, will too painfully and undeniably prove, that the apprehen- sions entertained, of want of faith, and of outrage and aggression on the part of the people of the United States upon Her Majesty's subjects in Upper Canada, was far from being exaggerated in the Report referred to, nor was it less truly stated by the illustrious Duke 5 in the Q on its rincipal ns, and , cloth- in the iraged) Steam- d land- ing the )m the t, if the ssire to •ooters, ist look 1 not to people, iovern- could faction which )eople, iterest Dse re- iendly lich it before will 'ehen- ^eand Jnited mada, ferred Duke of Wcllin^rton, whose patriotic and powerful advocacy ''•''J""''': "»'eJ a ' k I .7 liy III)- Dukr of of the interests of his grateful fellow subjects in these u^e"'iL\'K'J^ '.'.uf- Provinces can never be forgotten by them— that these luvuv^luo^llui- sli- outrages and aggressions were committed /or no other ^'^*''^"' reason l/ian that the people of Upper Canada were loyal to their Sovereign. The Report from which the above extract is taken t^vo ii.vasion, had occunt'd iMivioiu-. bears date the 8th February, 1838, previously to which'y i- the date oui.e two distinct invasions of the Province had occurred l)y "'''^")'> '•'""I "'"* J uue ul lioin ISiuiic numerous bodies of American Citizens.— -The //;•&/, the occupation of Navy Island ; the second^ that of Bois Blanc, followed by the attack on Amhcrstburgh. Each of these inroads was repulsed by the steady '^Y*"". i""""*''" "'•'" y -> J piilsfd l)y the loy- loyalty and intrepid bravery of the Miliiia. Not the;;'^;;;;;!,,^'''''*'^"''" slightest disposition was manifested on the part of any !!^; h:^;;^''",'^!!!!,'? pordonof the people^of this country to unite with thcdclr'^^ ^*"' '"""*' invading Force — and it was hoped that the ill-success which had attended them,would induce Uiose,with whom they had originated, to lay aside all furUier attempts to disturb the peace of the Province — but this hope un- Ti'"" ^"'"" *'"** '•"f/ 1 1 ill success woiilil happily proved utterly fallacious; and it will now be I;;\7i\;';,'i"|,*l'^^^^^^^^ the painful duty of Your Committee to detail a succcs-'"' '*""''""*' sion of invasions, piracies, murders, and outrages, com- mitted by the Citizens of the United States upon the peaceful and unoflending inhabitants of this Province, such as are without parallel in the history of civilized Nations, and, in these days, would be looked upon as disgraceful amongst the most barbarous of mankind. On the 22nd of February, 1838, upwards of four ;}!"' ^"gands from hundred American Brigands assembled at a place *^;;;'/j;'i^^-Jj^*j';.*;^'^ called French Creek in the State of New York/iiii^ll,';;]^? situate on the River Saint Lawrence, about twenty- five miles below Kingston, from whence they marched in military array, and took possession of Hickory Island, a few miles nearer Kingston with- I ' < ■ ■■{{ lleailed by Van Uua««llMur. Fled at the ap- proHch ol the mili- tuu in the British Territory. This band of invaders was headed by an American Citizen of Uie name of Van Rensellaer, who had previously held command on Navy Island, and were armed and openly organized and recruited in the State of New York. As soon as this unexpected movement was known, a few hundreds of the Militia in the Midland District and District of Johnstown, assembled, and instantly marched against the Brigands, who, however, did not wait the threaten- ed encounter, but fled and dispersed on receiving in- formation of the approach uf these brave and loyal men. 3 to 400 men took About the samc period, from three to four hundred |»ii8seit!iinn of Flight * ing i8iai.d-ais|iHr. pipates from the State of Michii^an, established them- wed by ( ol. Poivii- t o Reet .""'"' ^^''^ selves on Fighting Island near Sandwich, in the West- ern District, from which position they were driven by a small military force under Colonel Townsend of the 24th Regiment, sustained by the prompt and intrepid bravery of the Militia. This body of invaders, in their Brigands left a field Plasty flight, left behind them a Field Piece, and a large number of Muskets perfectly new, which bore the mark of the United States Army, and were known to be the property of the Government of that Republic. The next invasion of our Territory was the occupa- tion of the inhabited Island called Pointe-au-Pele, be- low Amherstburg, by a force estimated at from four to five hundred men, headed by a Brigand named Brad- ley, residing at Sandusky, in the State of Ohio, and who is represented as a man of wealth and influence. The circumstances attending this inroad, were of a more serious and lamentable character than any that had previously occurred. The Brigands, upon taking possession of the Island, t^ommenced by making pri- soners of the Settlers, robbing them of their Horses — piece and a large number of new uiiiskets behind the in. 4 to 500 Brig:and8 land on Point Pele' Island headed by Bradley — impri- soned and robbed the Settlers — oppo- sed by a small de- tachment of regu- lars — the Brigands killed & wounded 30 regulars ^kill- ed one militia man. I Catd away proac the them with upon ensue I brave Captf ed, name murdc injury them shorej their 1 of the immec ed to a note been had si Island taken whose Thii the Pr year, ^ ter roa ed, am in peai islighte that h of son [ers was of Van nand on rganized soon as lundreds istrict of , against hreaten- iiving in- md loyal hundred 2d them- le West- riven by id of the intrepid % in their , and a , which nd w ere t of that occupa- »ele, be- 1 four to Brad- hio, and fluence. ;re of a any that n taking Ling pri- !orses — j Cattle, — Corn, — and other property, and sending it away to the opposite American She e. Upon the ap- proach of a small force, composed of a detachment of the regular Troops and Militia, they, conceiving themselves sufficiently strong to resist the attack with which they were threatened, commenced a fire upon our men, and in the course of the conflict that ensued, no less than thirty out of about ninety of the brave Soldiers of the 32its of the State of New York, for the purpose of taking; in wood. — While lying moored to the shore, in full confidence of security in the Port ol a tnenuly power, and m the mid- alli.lk.Mlinll,.•lI•Hl- die of the night, when all the passengers, (among whom were a number of ladies,) had retired to rest, ,^„",;'J'jJj7"'^ *''''''" she was boarded by a band of about thirty i)inUes, I headed by a well known free hooter: — These runians,,p, „. , m J ' ' The rnfliani armed armed and disguised, rushed into the Cabins, hurried "'"''^'''■'^"'**'''- : the passengers from their beds, and with brutal \ iolence The passm^rrs , , , „,, . , fnuttil with bruial drove them on shore. 1 he crew not expecting the vioieuci-, attack, and wholly unprepared for it, were unable to make resistance ; the entire possession of the vessel ' was therefore easily gained l)y the assailants, who, afier ^,,,, ^^,,^^,, ^^^,^.^y pillaging her of everything valuable, including the nio- *"'""'''" '""''*'"^- ^ ney, watches, clothing, and other property of the pas- sengers, towed her into the stream where they set fuej]'fj^|.j* cohsuim- to her, and watched her until she was entirely consum- t ed, and then returned to the American shore. 'if \\ As might reasonably be expected, an outrage so un- usual in any country, and wholly without a parallel inthixfiSom^hcMr" this, produced apoweriul sensation throughout the 13ri- i tish Colonies — and it was believed that corresponding Jf,/comT,u?nJ?MK I feelings of indignation would have been manifested on !J^|"S, J''"'^' t|;;; the opposite shores; and that every effort would be<'i'i'^«>ie* "««*• made to bring the perpetrators of this cowardly and I atrocious felony to punishment. But although some y^ sMsht pxpro^ion I expression of dissatismction did exhibit itselt, it was txhibiitd iueir. 10 Thousands who trtiiitea in the slight in comparison >rith what was looked for, and what the enormity of the crime led every one to ex~ A Proclamation i«- pec t. A Proclamation was issued by the Govern- sued by the (>o- r- i tr* f tvt -xr i /»• • i veriimeiit of the tticnt 01 thc otatc 01 JNcw YorK, oiiermg a paltry Stave of i\. Yoik. ^ , , • n • /• i ti- . sum for the apprehension oi certam oi the Pirates ; but although the majority of them, including the , _, leaders, were well known, only one or two of them On« or two leaders ' ' ^ airesicd" Yvcrc arrcsted ; who, being placed on their trial, not- withstanding the plainest evidence of their guilt, were, but acquitted by ^Imost without hcsitation, acquitted by the jury em- iheJury. panncllcd to try them. Up to this period, no event No event shocked ^^^' occurrcd, conuectcd widi our border difliculties, Fr!.vK'like^h?s! that SO shockcd the feelings of the people of this Province as this last ; — It caused thousands who had f V. f .u *^"",'' previously induIo;ed the belief, that the Government faith of the |)eiiple * •/ O ' ?he u"T"C^'ii ^"^ People of the United States w^ere averse to the couiidence. uuprovokcd and lawless aggressions which had been previously made upon us, to doubt the correctness of Since the above their opiuious. They began to consider it unsafe to en- hai i.e..n unsafe to tcr thcir harbors ; and from that period to the present, enter their harbors ^ i x ■' w'^itSi'mr''''''"* ^^ ^^^ ^^^" ^""'^^^ reluctance that any well affected subject of Her Majesty in this Province has approached the shores of the United States, or engaged in intercourse of any kind with the citizens of that Repubhc. The feeling of cordial good will that once existed between the people of the two countries, was greatly weakened, and subsequent events have almost entirely destroyed No indemcity offer- Jt. No proffcr of indemnity has yet been made by the ed for this zreat in- ,• "Ul r iL* j. • • ^ r m jury-nor for the nation rcsponsibie tor this great injury to our fellow insult to the Rri- ,. ,. , i-n-'i-r^i" i libhflag. subjects, and insult to the British rlag; nor does it ap- pear to be considered necessary by the American Government, for the maintenance of its national honor, to do this plain act of justice without waiting a demand, be"made """^ "*"** which, wc canuot doubt, is certain to be made and en- forced. The next instance of Foreign aggression was the affai Moi I num den deta woo althc defe titud : thel ^ bein, i galla J prop ^•ng I and ' I retre I cludi to be recte I pectj Brigj i numl the 1 I disaf I ^''^ I niabl oi e\ from last a appe furth Fore the j^ of se the the !•" 11 for, and le to ex- Go vern- a paltry I Pirates ; ding the ) of them irial, not- lilt, were, jury em- no event ifliculties, le of this who had vernment 'se to the had been ctness of safe to en- e present, id subject ached the itercourse lie. The 1 between veakened, destroyed de by the our fellow loes it ap- American nal honor, a demand, e and en- affair of Short Hills, where a bandit of the name of '^'^^'^ "'"' »'^-''- Morreau, headed a party of Brigands, supposed to number about one hundred and fifty, who made a sud- 150 Brigands attack ... ,,a Kftiall detachment den and unexpected attack in the night time, on a small of Provincial Dra- detachment of Provincial Dragoons, stationed m a wooden Building in the Township of Pelham, who, although assailed by more than ten times their number, After defending defended themselves with the greatest courage and for- gre™*cl.u'ragrwcre titude, and were at last subdued, not by the Arms of arn)s"o(the'pJate*, the Pirates, but by the Building which they occupied being set on fire. The moment the ruffians o-ot these „ .. . O o Dragoons robbed gallant men into their hands, they robbed them of their *""* "'"i'"'^''- property, and stripped them of their clothing, and hav- ing plundered the dwellings of some of the Farmers Farmers piu.ider- and Yeomanry in the neighbourhood, they attempted a jj^igand, attempt to retreat ; but being pursued, twenty-seven of them, in- 27 captured, eluding their leader, were captured. There is reason „ _ ^ *■ Reasons assia^ned to believe that this invasion was undertaken and di. for this invasion, rected against the District of Niagara, under the ex- pectation, that so soon as a footing was gained by the Brigands in that District, they would be joined by large numbers of disaffected people from different parts of the Province. In this, however, they were wholly ^^^ , „ ^j. ^^^ disappointed, and as the loyalty of the great mass of ffJ^^j^/^d'^^^J^s- Her Majesty's subjects had been so clearly and unde- *''*''"''***• niably established by the constant and entire rejection of every attempt that had been made to seduce them from their allegiance ; and as, after the result of this ° The result of this last attack was known in the neisfhbourina: States, there las] attempt produ- '-' o ' ced a cessation of appeared to be a sudden and complete cessation of all ^"'■"'" ajigressioo. further attempts at invasion, the Commander of the Forces considered it no longer necessary to keep up the Militia which had been embodied for a limited time of service; and they were accordingly disbanded, and the^'Militydisbrnd- the defence of the country was left to the Troops of 1 was the I the Line. 12 Tho above qucsti'iiied. 1 '«' policy ^pijg p(j]i^y adopted in thus lessening the defensive much questioned at the time l( if the Pj 'ovmce, was it occurred ; and the apprehensions which many en- tertained that all danger of Foreign invasion was not past, were considerably increased by intelligence Attack on Sariiia. which was soon after received, that an attack had been made on the remote setdements at Sarnia and Bear 50 nii-ands crossed Creek. In the month of July, a party supposed to over froai Palmer • , /• i , ^ /». t» • i i c in Michijsan. r..b- cousist 01 about litty Brigands crossed over irom a bed and imprisoned iiit-»i 'itt'io i-r»* tevcrai »ettiers. pjacc callcd Palmcr, m the United btates, to the Bri- tish setdements on the St. Clair River, where they robbed and imprisoned several of the setders and then returned. About the same time a loyal subject of the omcSrhV "'"''' name of Carey, who was also an Officer of Milhia, was shot in the night by a set of murderers, who it was well known were from the opposite shore, although they were never clearly identified. But the most fearful and appalling proof of the ex- istence of a conspiracy among a band of desperate assassins living in the neighbouring States, against the lives and property of particular individuals among mV"hc '*iulus.^^o'f ^^^^ Majesty's subjects, was given, in the attempt to 11;: iSlaga'S'S-^ destroy the dwelling house of the late Sheriff Hamil- ton, at Queenston, and the treacherous and cowardly Assassination of assassluation, in the dead of the ni2:ht, of the gal- Captam Ussh-r in O » & the dead of the lant Captain Ussher, — Both these outrages occurred uight. ^ ' ^ within a few days of each other, in the month of No- Thc abovfi ontraa;es i_i. i -.ii* c.mmitted by A- vemoer last, and were committed by American citi- miriean citizens ,. . . , ... , i i« r> iT 1 i hvinguear liuifaio zens, liviiig HI tlic neighbouniood 01 Butialo — where they are well known, and where it is affirmed, (Your Committee believe whh perfect truth,) that the murder- wbo openly boast crs of Captalu Ussher have openly boasted of their hav- 01 tlie blojdv deed. i ^ In which jj servar hood ( nor di religic sassin encou that tl ish th have ( 5 restra I two ir I every 1 prise I ^^ I City < const? ing perpetrated the bloody deed, and that it was commit- ted in retaliation of that lamented gendeman's having been untruly reported to have assisted in the destruction of the Caroline. 13 Llcfensive t the time many en- was not :elligence had been and Bear )posed to r from a I the Bri- lere they 5 and then 5ct of the if Militia, s, who it , although •f the ex- lesperate ), against Is among tempt to if Hamil- :owardly the gal- occurred h of No- ican citi- — where 3, (Your murder- :heir hav- icommit- 's having struction It Tobor; m corroboration of the too melancholy ev idcnce l^"*" ^'^i"*!''' -"*>' J J'Cig live in the which these events afford, that the loyal subjects aiul pJlljJjX'.l'^o.ur.rii. a servants of Her Majesty are living in the neighbour- fedins* ofTmuTui- hood of enemies, whose actions are neither controlled'^ "'^'*"*^'""* nor directed by the common feelings of humanity or religion, and who are as ready to engage in secret as- sassination as in open war and invasion, and who give encouragement to both, without fear or apprehension that the laws of their own country will reach or pun- ish them, or that their Magistrates and Public Officers have either the power or inclination to interfere with or restrain them ; your Committee feel it ridit to notice ^''^'a'"--''' "f l.r•nr.l^ in Detroit At a lator poriod, placards were posted up through- ntJrnn;' HlO dtill.irs S. ll. for the (i.ad bniiv out the City of Detroit, olferiniija reward of eight hun- ol ('..I. I'ritic.', and , , , , siwoif lake.. alive, drcd dolhus tor the deadbody of the gallant and great- ly calumniated Colonel Prince ; and, one thousand dollars if brought to the city alive, and, not long after- A person arrpsied wards, a pcrsou who was strougly suspectcd of having im >nsi)icinii til" havm-a dL'siRnon copie over to Saudwich, near which place Colonel Col. Prince. ^ _ ^ ^ Prince resides, for the purpose of murdering him, after Haiird by Collector be in l;; arrested on suspicion, w^as bailed by the Collec- at Utlruit. "^ . tor of Customs at the Port of Detroit. Those pubication* Tlicsc publications and direct incitements to the ai.d iiicittiniits to ^ V''»''"';"'i"«=\'J [7 commission of the most horrible of crimes, passed un- tlic pco[»lc m the t. * noticed by the Magistracy of the great communities in which they were promulgated ; and the parties who avowed their authorship do not appear to have been considered guilty of any offence. Your Committee would feel no small degree of gratification, could they here conclude their observa- tions on the outrages to which their enduring and deep- ly injured fellow subjects have been exposed, from the faithless and barbarous conduct of the citizens and people of the United States. They would rejoice to have it in their power to ascribe the unprovoked at- tacks, which they have narrated in the preceding pages of their Report, to the wreckless and wanton conduct of a few unprincipled men — who, guided by their own bad passions, had assailed the peace of the Province without encouragement or countenance from that portion of the population of the Republic, who claim to be respectable, and enemies of crime. Well assured that Your Honorable House would promptly discountenance and disallow the promulgation of any expression that would unjustly assail the integ- jrity of until tl well a: 'stain f ed as I ) they a remote ; nada f I in, bi I crimes 'i, I refere I niittee I declar iProvin "i I their I were ( i of Cit 't ■} States ■■-V'. ^vious i I Yo. I lenofth I ded tl i defeat 1 cessai I rative I and oJ I juries we ar( Rui ,theP i was f( 1 I a viev I zed, a itheC 1.5 Tman, andlrity of a neighhouring nation and people, who have, until the last few niontl^, been regarded as iViends as 1 throuf'h- I well as allies, — Your Committee will eautiously ab- cit'ht hun- Utain from advancing a sentiment that can be regard- and ""reat- ?ed as unjust towards the American People. But vvhile thousand |they admit that that portion of them who reside at a ^il:*;J::',^;i;=3;; oni^ after- 1 remote distance from the boundary which divides Ca-m;!yc.Ml!jeiiTIhe'e of having nada from the United btates, have taken no open part Colonel f in, but on the contrary may have condemned the him, after I crimes committed by their fellow citizens, to which reference has been made in this Report, your Com- mittee are nevertheless bound in truth and justice to declare, that the brigands and pirates who invaded this Province, murdered our fellow subjects and destroyed their property at Prescott, Windsor, and elsewhere, le Collec- its to the assed un- lunities in ,, _. ., irties who i^^^^ encouraged, aided and supported by all classes jj'^'lljy^ejjcm^^^^^ lave been 1 of Citizens of the Republic residing in the contiguous '^"'"'g"""*'^ thpv are evi- el invw* |lerigtnonthe occurrences which immediately prece-sions. I ded the invasions that were so signaMy and gallantly I defeated at the two places just mendoned ; but it is ne- rejoice to | cessary to advert to them, as well to preserve the nar- voked at- JfJidve enUre, as to place before the people of England I and of all other countries, a connected detail of the in- I juries to wdiich we have been subject, and for which we are entided to redress. ^receding d wanton ;uided by ice of the nee from )lic, who e. Rumours had for some time been circulated through pummiMof^cret ji T| . , , . , . . and extensive cora- ;i ine rrovince, that a secret and extensive combination binaiions in the I r • - 1 ,^ . t^ /» 1 TT • • 1 Frontier S?tate8 (or 5 was torming in the r rentier States oi the Union with an invasion of both « tht Cuniidas V a view to the invasion of both the Provinces of Cana- 58 would i da, by a force so numerous, well armed, and organi- nulgation i? zed, as to ensure the overthrow of the Government, the Conquest of the Country, and its separation from le mteg- 1- This cniidpirary included iiiiiiiy ivf'liliy ciliset^iis Riid otliors ot (lie Th<.iic rrprri, at tlic British Ctowii. These reports were for a time uiig-ided - jisi-egardocl ; but towards the close of the month of but sub)i..quentiy October, eviJonce was hiid before the Lieutenant Go- vernor, and information was simuhaneously transmit- ted to l!er Majesty's Minister at Washington, of a na- ture that left no doubt on the niiiid of any reasonable man, tluit our lives and liberties were threatened with much greater danger than had hitherto assailed them. It was clearly ascertained that a secret combination or conspiracy, of vast extent, including many of <\vm''i"umi m'w the most wealthy citizens of the Republic, as well as officers of the General and State Governments, and Pn«e8«en' loyal people of this Province will ever feel Grateful, «''',''''y "' i™"'*^'" -^ I- I. o ' ately embodyiiig His Excellency the Lieutenant Govenn)r lost not a ^'"^ '°'''^'''- moment in assuming the responsibility of calling upon and embodying a militia force, sufficient to repel any invasion, no matter in what numbers, that might be attempted by the enemy. And to this nuble and pa- tims prompfness of , . <•'« Lieutenant Go- triotic conduct, promptly sanctioned as it was by the ^*'!'""''' ""''*^^r"' ' IT I J J vitlence, saveil the Commander of the Forces, the loyal people of this !,';;;';;'b"o51"d Province at least, and probably those of Lower Cana-"'"''"'"'"^' da also, are, under Providence, indebted for their pre- servation from scenes of bloodshed and misery which humanity shudders to contemplate. Communications were at the same time transmitted >J''.fox instancy called iipnn the U. to Mr. Fox, Her Majesty's Minister at Washino;ton,*^; V^T'??^"" ' J •' o ' viii licate its honor. informing him of the dangers with which the Provinces were threatened. This distinguished Gentleman in- stantly called upon the American Government to vin- dicate its national honor, and efTectually to interpose the authority of its Laws to put down the atrocious combination, and punish the guilty conspirators, whose names and places of residence they were fully appri- sed of. Your Committee are merely giving expres- which conduct of 1 r« 1* • 11 • 1 1 TT i»/r ^''■- ^^^ |)laces sion to the leeling universally entertamed by Her Ma- HerM»,iesty'.s suh- , jects under the jesty's Subjects, that Mr. Fox has placed these Pro- deepest obiRations. vinces under the deepest obligations for the vigor, straight-forward manhness and statesman-like ability, with which, on the occasion referred to, as well as in many preceding instances, he has vindicated their claims to the interference of the United States Go- vernment, to protect them from outrage on the part of its citizens. That his admonitions have been disre-'ihough his admo- . , _ nitions have beeu garded, and that his exertions have proved unsuccess- duregarded. p Discorery of tli« con8|iirauir( great- ly liiHCuiiccrtcd tbcm. Ao armed force enters L. Canada early in Nuvcutbcr, But tJcfeuted in every conflict %vith the loyalist! and Britiiti aoldicra. Insurrections at Beauburnois and olher places promptly suppress- ed by Sir J. Ool- borue. Conspirators deter mine on an attack un this Proviuce. " United States," •teumboat and two schooners, employ ed by the Pirates ou Lake Outario. 600 men, with artil- If ry, iiiuskets. &c., embarked at Oswe- go and othei' Aine- rican Ports, in open day in sight of their Public Officers. Descent npon Prescolt on 12th November. IS fill, in no respect diminishes his claim to our gratitude and thanks. The timely discovery of the designs of the conspi- rators, and the preparations made in consequence for their reception, no doubt greatly disconceited their schemes ; and it was at one time believed that they would altogether abandon them. The reverse, how- ever, proved to be the fact. Acting in concert with that portion of the Lower Canadians, who were resolved on making another effort at revolution, an armed force entered Lower Canada early in November, composed of American Citizens and a few Canadian Refugees. In every instance in which they came in conflict with the Lovalists ad British Soldiers, they were defeated and dispersed ; and the feeble insurrection which oc- curred about the same time at Beauharnois and a few other places, was promptly suppressed by the vigor- ous measures adopted by His Excellency Sir John Colborne. I Unsubdued, and apparently still confident in their strength and resources, the conspirators determined on an attack upon this Province ; and having ob- tained the assistance of the largest American Steam- boat on Lake Ontario, called the ^'United States," and two large Schooners, they embarked at Oswego and other ports and places along the American Frontier, . to the number, as it is asserted, of about six hundred, well provided with artillery, muskets, ammunition and provisions, all which must have been obtained at great expense, and which were put on board the different vessels publicly, and in open day, without interruption by any Magistrate or other public officer. With this force, headed by an American citizen of the name of Birge, and the same bandit who had led the Pi- rates that destroyed the Sir Robert Peel, a descent was made on the Canadian shores near Prescott an the 12th of N clearl vader ed at consii I shore I Col. i Amei Distr Id gratitude le conspi- uence for ited their that they rse, how- cert with e resolved ned force composed Refugees, nflict with 3 defeated which oc- and a few the vigor- Sir John it in their etermined aving ob- an Steam- ates," and wego and Frontier, : hundred, nition and ed at great I ; of November. It appears that from sonic cause not j,,,, „^r« than h«if clearly explained, not more than half die number of in- Ih^r.^'^urued^^^^^ vaders who had been collected for this expedition land- ^'«'''""''"'"*^* ed at Prescott, the rest crossed over to Ogdensburg, a considerable town immediately opposite ; and before any second attempt was made by them to reach our ^^^^.^^, ^^.^ shores, a force arrived from Kingston, commanded by [nIi''comn™ndid?r Col. Dundas of the 83d Regt., and a detachment of^"'- *'""''"• American Troops under Col. Worth, from Sacl4'ett'srr..ops."Md'a'navai . - force undtT C^pt. Harbor came down, which, with the small naval iorce sandom, prevented the rtturu of the under Capt.^Sandom, prevented their join-''^g their ill- i^irate*: fated associates. These latter, findmo^ no hope of es- Jtl'^.i^VtiLTJhV cape, resisted the gallant Militia, Soldiers, Sailors, Sti.i'eVaT'"' and Marines -who had hurried io attack them; andofTem. *"""" having gained an advantageous post, killed and wounded a consfcerable lUmber of them. At last p„t had to Mirren. , ,..,.1 iIjT der— 200 of them however, the piratical i-ivaders surrendered at discre- taken pruooew to tion, and such as repjaincd alive, nearly two hundred in number, were orought to Kingston and lodged in the Fort there. There is vo doubt that this descent upon Prescott ^^. ^ , ^ This dencc'i* on was intended to be in concert, not only with the move- I^m'Th! moTemeJt mentso/'the conspirators and Brigands in Lower Csl- l[dll^iSe\\tltf' nada. but also with those which had been planned in the West. In this there was some disappointment ; but regardless of the lessons which had been so con- tinuously and in every instance taught these desperate and unprincipled men, the invasion of the Western !„„,.„„ ^.vvcit- District was resolved upon by them, and an armed :;"„^;^'"'' "''"'^• body amounting to about four hundred embarked in a 4oo cro^^sef! rv.-r to Steamboat called the Champlain, in which they cross- weste™ District, bnt dcfeate'! hy a ed to the village of Windsor, where they established smaii portion ci o 'J militia. themselves for a few hours, but upon being attacked by a small portion of the gallant Militia and Volunteers stationed at Sandwich, they were defeated and dis- persed, leaving many killed, besides numbers who Detroit. 20 ,., ,r \v^ero aficrwiiixls taken prisoners. There is reason to pr't'nud mo.V'"^ !=>"P1>^>^^ <'^'»^ ^^ ^"^'^'^^ larger forcc was prepared to cross from Detroit, and would have come over but for the intervention of General Brady, the Ollicer in command of the United States troops at that place. TVo instance in , In closing their observations on the different inva- rXeVLSr* sions of this Province, and the outrages committed j'£^heir''mS upon its inhabitants, since the commencement of the iand.ugi. y^^^^ ^^^^^^^ y^^^^^. Committee feel it due to the honour and charactCY of their fellow subjects in this Province, to record the Tact, that in no instance that can be traced, did a single rc^dcnt of Upper Canada, of any class or origin, unite hiKiself witlj the assailants after they had landed in the I'vovinco, and that, of those who crossed from the United States, the great majority was composed of citizens of tlut Republic — very few in- deed, even of the refugees beihcr associated with them ; and if Uiere be any hope of there guilty men being brought to a sense of die crimes which have led them to their own misery, and the great injury they have been instrumental in bringing upon their countiy, it must be a source of some consolation to thcni to know, that by resisting the solicitations which no doubt werepressed upon them to join in this wicked and savage wavtare, they escaped the horror of witnessing barbarities of \.he most disgusting and heart-rending description. Not Horrid cruelties ^nly wcro tho biMve defenders of the Province shot Cnglnd^'' u[.o„^hi./^o ^^"<-l deliberately murdered by their fiendish as- Ihrprovince."' "^sailauts, but their dead bodies were mangled and mu- tilated and hung up as objects of scorn and derision to these inhuman monsters. The body of an intrepid and promising young officer, (Lieutenant Johnson,) of Lieut. Johnsfon, , ^^ , t^ . i 83rd Regiment, at the 83rd Reojiment, was thus treated at Prcscott, and Prescott. ^ ' the lifeless remains of Doctor Hume, were exposed to fcf.ioreJ'Tao'HT'' similar indignities in the West, w'here also a noble- minded Negro, who probably had escaped from a land icason to e})arcd to r but for )llicer in it place, ent inva- ommitted nt of the )nour and )vince, to )e traced, any class ifter they hose who jority was Y few in- ith them ; en being id them to lave been t must be V, that by repressed ? wavfare, tics of vhe ion. Not ince shot mdish as- I and mu- i derision [1 intrepid inson,) of !cott, and ofK to the ( ^ trary of 8U«h a credit that should be attached to these statements, it ^ion:- I con- no- 22 L I . .1 li (I wouKl hv eliflidilt to persuade any reasonable person l||^eO^ TX'S7,uhr of their trulh, when the vast extent and systematic or- •j'-'k^''^"- gaiii/alion of ihe bands whieh assailed die Province from time time, are adverted to. It is not credible ?Mh?J" i?d"r(i i1J'»^ bom 500 to 1000 num composed of mere rabble, 3?lvhcn^K..'" and destitute of any visible means of their own for their riVhVrruJ.-'niainteriance, could for nearly a month be clothed, fed; armed and kept together on a desert spot of ground, sueh as Navy Island, upon whieh there was no shel- ter from the inclemency of a Canadian winter, unless they received support and encouragement from the oi)u!enl ; — and it is etiually unreasonable to suppose, Anil kept tfigothor , , i i i ii . j /• a1_ lor tin: i.v(nv.d that sucli au asseml)laiz;e could be collected lor the |iur|i ^ S' rn*d'^mbhd ' ^^'^^'^ publicly employed in conveying hundreds of employed. ^^^^ ^^^ quantitlcs of military stores and provisions, from their chief cities and towns along the frontier, to Preparations for the ^hc placcs of attack. It is equally certain, that during the officlrsof orner^a^ l^st summcr and autumn, the preparations which were ments,'M'ag?5traTe"s^ making to invadc the Provinces and murder its loyal inhabitants were known and encouraged by Officers of ■ Peace tions.- and at who 1 aid in — and ; Not lo this d( which persor dent a and a( the otl appea condu to thei Aft( disasti lie m lie person rnatic or- Province I crcciil)le re rabble, n for their thed, fed; f ground, no shel- cr, unless from the suppose, id for the arms, the ith which ersuasion Lince over or found I purpose, ircised by not upon intenance ican peo- i admitted numerous brigands, hem, and 3oats and 'erchants, idreds of ' revisions, 'ontier, to luring the lich were its loyal ! Officers of 23 the General and State Ooveriunents, by .histice.s of die Peace, and by Citizens of all classe.s and denomina- tions. — Public Meetings were culled in nianv pKices, „,,. I '^ J I » I'liMic nicelings st- and attended by persons of the descrit)tic)n mentioned, '""''^^'"'y'f''"r" who harangued the populace, eallini; npon thcin t() |;;;\«.,;j,\\i;*;/;;;'Jl.". aid in overthrowing British aulliorily \u the C()Nnies,|;;;UaV"''''''*' — and subscribing money to accomplish llmt object. — Not long before the attack on Prcscoit, a meeting of ^ ^^.^,i„^,^,^^^^^ this description occurred in the City of New York", at '^^^^ t.'.V ';.;;;;,,';! which two of the principal Omcers oftlu^ Custonis,=~:;;lii'J^r;:i\';rtorI persons who held their appointments from the Presi- duiu^^nd ti'e o'lier', dent and Government of the United States,look an open luceuuV and active part, one of them acting as Vice President, the other as Secretary of the meeting — yet no notice . , 111- • 1'^'" nolice taken uf appears to have been taken by tlieu' superiors, otiu«'ubove. conduct, which, in England at least, would have led I to their immediate dismissal and punishment. After the termination of the affair at Prescott, so , ,,• .• . , ' A public mcchriR at [disastrous to the hopes of those who i)lanned it, a pub- i;:;;'',f;jif ^j\:,';;,;^ lie meeting was called at Oswego, (from whence a I^SX^l'^lS^^^^^ large portion of the brigands took their departure, I publicly embarking, as has been already stated, in the largest Steamboat belonging to the Americans on Lake Ontario,) for the avowed purpose of recom- I mending the public to abstain from further parti- cipation in Canadian warfare. — At that meeting, a \Mr. David Brewster, First Judge of the County ^e;,7.v!^^S^^^ Court, a court of extensive local jurisdiction, openly de- ackn(.wied^g.!d huv- »j,.- '"S been engaged clared, that he had been ensfasfed in "the Pa/Wo/ •» the patmt cause. cause,'\bui that he had become convinced of his error, and therefore had determined to abandon it, and ad- vised his '^ fellow- Patriots" to do the same — one of these was stated to be a Mr. Seth Hawley, Post-Master, J^^^wiJI'S Posi- and Member of Assembly elect ; who, however, did ^^'''^*'= not think proper to avow his recantation, although he 111 i "if i^ii m I 24 ! (I 'iil. Extract from a pa 5»er pnbli!)hed in 'effeniwii County. had declared his intention to do so, and he still, it isl To to be supposed, remains " a Patriot." |of sii A Paper nromuiga- About the samc pcriod, a paper was promulgated iiiliieces l!lnly. comling the County of Jefierson, in tlu; State of New york,|part c ~ '"' ' '" " "^" ^ '" ^^' ^ercn Falriots of the County,^' to desist Ironi further hos#Presc tile aggressions upon the Canadas, and pointing ouilCourt the destruction and misery which had befallen those; Browr who had been concerned in the attack on Prescott,; State and other places. This paper, evidently written for. Browi a good purpose, and by persons well inlbrmed of the^ Army, combinations which had been entered into, contains; )ut w- the following statements and admissions : — iKxcel] " It was ascertained tliat a complete civil and mili|ii)ej.ty " tary organization had been effected through the me-lygi} j^j " dium of certain secret societies extending along thelncrenu " whole line of Territory bordermg on the British Do- peace '• minions ; that an army had been created — troopsj jQgg jj " enrolled — munitions of w'ar provided, and monev '* raised ; and that a blow was about to be struck, fo " the subjugation of the British Government there, (in: " Canada,) by citizens of the United States, with the " expected aid of disaffected British subjects in these " Provinces. It was known that meetings of thesfe " societies were frequently held, and numerously at " tended, receiving constant accessions of strength.-^ " Labourers left their employ — apprentices their masl " ters — Mechanics abandoned their shops — Merchant:! *he B " their counters — Magistrates their official (luties-% ^^^ ^ " Husbands their families — Children their parents- i ^'^mb " Christians their churches — Ministers of the GospM and p " their charge, to attend these meetings." — '* To whicij ^inc " the Public Officer, the Magistrate, the Conservatojniorn " of the Peace, was only admitted by breaking tliahe stj " Official Oath he had previously taken to support tliB^'sch " Constitution and Laws of his Country." Ihousel " J( New cam( Stei expe in h Bay the 25 of iither hos- ointing ou alien thos [\ Prescott written for mecl of the still, it i* To these avowals, might be added hundreds of others ■of Similar import ; but your Committee deem it un- ti.is pan of their ^ . ■ .1 1 , Ml 1 1 • liepnrl wild slate* iult2;ated iii|iiecessary to notice them, and they will close this ment of jeremiuh ^ r 1 • • 1 VVinneirar, one of ^ew York,|part of their Report by giving the statement made by tiiePre.c.tt prison- peal to theljeremiah Winnegar, one of the prisoners taken at rescott, which was read upon his trial before tlie curt Martial at Kingston ; and the evidence of a Mr. rown, a Judge of the Court of Common Pleas in the itate of New York, and a brother of the late General Irown, Commander-in-Chief of the United States irmy. The former w^as condemned to be executed, o, coDtaimfcut w'as afterwards reprieved and pardoned by His »]xcellency the Lieutenant Governor, and is now at 'W and milifiherty in his own country/ This old man's story is igh the me-Jvell known to be true, and although told with more ig along theingenuousness and appearance of candor than marked British Do-|he account given of themselves by the other prisoners, ted — troopsijoes not materially vary from most of theirs, and monc}l struck foil " Jeremiah Winnegar is a native of the State of statcmcot, &c. it there (iiii ^^^^ York, Labourer, resided at Dexter, and be- s with thef came a ' Hunter' in October last, was sworn in by cts in these! Sterling. — His son was engaged to come with the of thesM expedition to Canada, Prisoner volunteered to come Tierously at! ^^ ^^^ stead, his son being lame ; came to Millcnn's Bay on Saturday the lOlh November last, embarked the following day in one of the Schooners lying in the Bay, in Captain Kemble's Company; the Schoo- ner ran aground on Monday morning, the 12th No- ir Darents-I member, and Prisoner was taken otV by the Paul Pry ' the Gosjim ^"^ P^t on board the other Schooner, and landed at -'' To whicB^i'^^'Mill Point, below Prescott. On Tuesday ConservatoJ^o^J^i^gj Prisoner was called out of a house where jreakino" tlii^^ stayed for the night, and went into a field to fight, support tliM^'sc^^^Tged his musket twice and retreated to a J house, where he remained until Friday evening the 1 strength.- s their mas-s -Merchant: al ditties- 'l\ ^ I ,1 n Frnm Winnegar's Addresa to the Coort at hii trial. <( (( (( .'II!' i'l; Mi !'i!l 26 " IGth November, 1838, when he was taken prison- " er ; did not expect to fight when he left home; came *• for the sole purpose of giving liberty to the people " of Canada ; thought when he was coming that he " was doing God service, is of the *' persuasion, has a wife and eleven children, heard " Mmisters of the Gospel encouraging the people to sup- " port the Patriot Hunters — is in his 59th year." To this account of himself, he added the following in his Address to the Court at the time of his trial : — " 1 have nothing more to say than is contained in " my statement — I can establish by witnesses who have known me upwards of thirty years, what my general character is, but have nothing to prove con- nected with this affair — I presume many of the Court: " have families — I have a family as near and dear to " me as them — I have left a wife — seven -^ons and four] " daughters — I have brought them up by honest indus-| " try,and have been blessed with health to maintain them^ " — Though a poor man, I have die same feelings as " others, and my family are dear to me, and, though " old, I am their main support — I have only now to; " throw myself on the mercy of the Court." George Brown of Brownviile, Jefferson County,| "ireTrth^eTrTai'of Jut^ge of the Coui't of Common Pleas— on the trial of Ge«' H.Kimball, q^q^^^q jj. Kimball and others, before the Court Mar- tial at Kingston, on the 28th December, 1838, was | called as a witness by George H. Kimball, and stated | as follows : — "There is a brother of the prisoner "(Geo. E| " Kimball)" about thirty years old, formerly a Coloiicl'| " of Militia. He returned home after the aff'air at, " Prescott, I called to inquire of him the fate of a son] " of mine who was there. It is generally under- " stood among us that he was a Captain — John Bj " Kimball told me that General Shoultz had appoint] Stutement of Geo. 27 " eJ him to act as Lieutenant Colonel, but that he "came away during the action. One Fields, also an " officer, came away the day before. John B. Kim- " ball stated that they were rather deranged for want " of officers, and that he had acted as Adjutant on the *• morning of Tuesday, and paraded the men." On cross-examination he said he thought George II. Kimball w^as " brought into the expedition by a " great many of our Citizens associating in secret So- "cieties to aid in the Canada cause. Great induce- "ments were held out to Young Men to join. I be- " lieve numbers have been thus deceived and deluded. "The secrecy of these Societies prevented any per- '* son from taking measures to counteract what they " were doing. I would further add that being bound ;" by oath, as I understood, to keep every thing secret, " no communications could be made of what was go- • ing on. It is reported among us, that a Bank was • formed, and the funds were provided as Bank Stock 'in order to evade our laws. It is the general opi- 'nion, it was done by contributions of people in our ' Country." John B. Kimball, who made these disclosures to Lidge Brown, of his participation in the affair at Pres- ott, has never been prosecuted. With respect to the measures adopted by the Go- Measuro* adopfed ^ernment of the United States, in reference to the vemmeiu. not pm. lostilities which have been wa«jed aojainst Her Majes-the cnnsideratimi ^ ^ '' of the Conaiuittee. fy's Subjects, by the Citizens of that country, almost nthout intermission since the month of December 1837, it is obvious that the discussion of them does lot properly belong to your Committee, but they ne-^;i^j;;*/Jj7s';\g ^ertheless think it right to advert to facts, which it is^***'"' )f importance that their fellow subjects should be made acquainted with, and which may not by any other If I 28 ll I W h means, be so conveniently placed before them as in I Ti- the report of your Committee. Itary ( The confidence that jj jg jjot to bc i]is";uiscd that, whatever confi Jcncc 1 timc may have been O n Luh^'of u.'^! gT'^ the loyal people of these Provinces may have enter- f|Britij nffchSoycd!" tained in the good faith of the American Governmen and public authorities, at the commencement of the ■ had c warfare which has been carried on against these Pro- i the a vinces by the people of the United States, that confi- dence has been very nearly, if not entirely, destroyed. No punishment has Notwithstanding tho repeated invasions that have aT.rvvi'n/hu'v^tuUeu taken place — The murders that have been committed )..n . Ill these I'Ut n • i ill k„jii..-t!ii.ugh ttie — t:ie acts of piracy and arson that have been perpe- !)ers are well i ^ mown and make tratecJ, bv thousamls of persons who ^re tcell knoicn.t buoslutlueir deeds, 'J i V, and Vv'ho are now living unmolested in the adjoining! of nei we hi ed sei they the 0} the oi cans town i States — openly boasting of their infractions of the lain i . , of the Union as well as of this country, not one of them I ^ has been su!))ected, so lar as your Committee ^^J^elL^u i aware, to any legal punishment. Neither does it seem| in any degree probable that any of them will be mo-i lested. In like manner the conspiracy so extensively^ organized during the last summer and autumn for thel overthrow of the Government of the country, althcug}i| undoubtedly known to hundreds of persons holding of^j facial situations, was not only not suppressed, but re-1 ceived direct encouragement and support from those j whose duty it was to break it up, and to expose an punish all engaged in it. that f on p( peace Ml institi desir is bas simih best admi iiil'fhTASi^r "^^^ miljt^ny force placed on the American frontier^ and-] t^oJ'^KSJs to prevent the invaders fi'om entering into the Provinces, \ wher ^D^^l^i!.'^"' was wholly inadequate and incompetent to the perfoi-^ strict mance of that duty, and does not appear to have becfl.l so w even of sufiicient strength to guard the arsenals con-:! and taining the arms of the government, which were infl Nov many instances seized and carried off by the BiiJ the gands, to be used against the people of this country, m the 2i) lem as in ■ True it is that Mr. Charles Bullcr, the Chief Secre- statement, of Mr. tary of the Earl of Durham, who left this country some Holl!* 1^100^010'!.*, onfiJenceltime in the month of November last, has informed the ave enter- 1 British nation, from his place in the House of Com- )vernment Imons : — That the Government of the United States nt of the ' had done all that a Government could do to j^trevent hese Pro- the assaults made upon us: — That they passed a law that confi- j of neutrality, and had kept that laio more strictly than destroyed, i w?^ had done: — That they hdd prosecidcd and cone ict- \ cd severed Gentlemen who had infringed that law : Thai I they had doubled iheir army to keep this law : That^P'"'''"'' "<" '^e committed i ^, . . ^., , n , ... peoi.ie wiih u«. i the opinion oj the people, from one end of the countni to ..\ ^ \ the other, was decidedly with us : And diat the Jmeri- Americans dared cell known y{ , , * i 11 tv ■> ,- • nm hoia a sympa,, . I cans dared not hold a sympathizer s meetings in a/i?/ thiser'* lueeting. T ^Mtoioninthe United States. Your Committee has no of the laicsM - 1^ i- • • . ,• .1 n . i- 1 f> , 1 nght or disposition to question the liberty of speech of any member of the Imperial Parliament ; but on behalf of their loyal fellow subjects they protest against that privilege being used to mislead the British nation on points of the utmost possible importance to their peace and future security. imn for the^ ,^ t, ,, , 1 i- . • ^ ,. t^ 1 1. , , , i Mr. BuUer s predelictions m favor oi Kepublican m^ buii. y, altncugn I . .^ . , , ,1 n ^ iiction, i, miltee are'- oesit seem I vill be mo-l extensively? , , ,. ^ g institutions, may be very strong — and he may feel aKepubuian , ° Vl desire to vindicate the conduct of a Government which S'^G 1)11 1 r6" al ^ ' 1 is based on Universal Suffrage — vote by ballot — and from those 1 . ., 1 xi, • 1 • u • 1 • • • *u I similar popular theories, which, in his opinion, are the expose and can frontier s Provinces, ) the perfor D have beco,^ rsenals con-l lich were iii^ by the BiH r's prede^ ill favor of ism. best in the world, and are, therefore, the objects of his admiration ; but, in advocating these anti-British — and anti-monarchical principles, he should be cautious when assuming to make a statement of facts, to be strictly accurate. No doubt ]\Ir. Buller intended to be so when he made the statements above referred to ; and although he resided in this country from June to November, holding daily and hourly intercourse with the most intelligent of the American people, having s country. ^ the most ample opportunity of informing himself cor- ■t "■i > i ill ■I li 3s5 1^^ i i If; : i it ■ t,- I !i \i Mr. Bnller's duties would hardly aliow b^ni to inveatiu;ate candidly the con- duct or the Ameri- can Goveruuieiit. A more careful en* quiry luuNt hu\e led him to diflerent couclutiiuus. 30 rectly, and although on his return to England in the latter month he passed through a considerable portion j of the United States, where he might have corrected any error which he had inadvertently fallen into, yet' it is to be supposed that he was so much engaged in the important duties imposed on him as Chief Secre- tary to the Lord High Commissioner, the Earl of Dur- ham, that he had not time to investigate so closely as otherwise he might have done, the conduct of the Government of the Republic ; and knowing what that Government ought to have done, he has too hastily as- sumed that it had performed its duty. A more care- ful enquiry, which it must be admitted it is rather sin- gular he omitted to make, would have proved to him that the " Law of Neutrality" to which he refers, had not been kept ; but had been wholly disregarded : — that no " Gentleman'^ or any other man had been pros- ecuted and convicted for infringing that Law: — that the American Army had not been doubled to keep that Law — that, in fact, no addition whatever had been made to it for any such purpose — or any other purpose : — that the opinion of the people of the United States, from one end of the country to the other, was not with us, but decidedly the reverse — and that it was wholly incorrect to say that the Americans dared not hold a sympathizer's meeting in any town in the United States. These meetings being of constant occurrenc.; throughout the principal towns of the adjacent country, and through several of which Mr. Buller passed, al- though, probably, net at the moment they were assem bled. ^ ^ , Lest it should be imagined that this contradiction Further coiifirma* *- tioaof theabore. of the accuracy of Mr. Buller's statements requires confirmation from more disinterested parties — Your Committee will give an extraci from the leading Jour- Faeta at complete variance with Mr. Rulkr'g statements. Further confirma- tiou of the above. nal ol speed it first it 'Y " mad " men " Prei " Bro " But *• state " whi( " Gov " saul ''of I Enqu Sin Journ; unden But far gn advan respe invadi limits Th Lond Stear vince from j^ressj 31 nd in thei"'^^ ^^ ^^^ ^^^^^ ^^ ^^^' "^ork — remarking on the le portion I ^P^^^^^ ^^ ^^^ learned Gendeman when the report of corrected 1^^ first appeared on this side the AUantic : — into, yet ngaged in ef Secre- '1 of Dur- closely as :t of the what that astily as- lore care- ather sin- I id to him I efers, had yarded : — )een pros- : — that the keep that had been r purpose: ed States, is not with ^as wholly not hold a e United ccurrenci it country, assed, ai- re assem tradiction requires ?s — Your ling Jour- xtrHct from a New Yurk Jourual. (( a '* The Duke of Wellington and Sir Robert Peel ani- e " madverted severely on the conduct of this Govern " ment, in relation to the inroads into Canada, but the *' President was defended by the Ministers, Lord " Brougham and Mr. C. Buller, an attache to the " Durham Mission. The latter gendeman, indeed, *• stated circumstances in favour of our policy, with " which ourselves are unacquainted, such as, that this " Government had doubled the Armij to prevent the As- saults on Canada^ and one or two other facts unheard of 6c/bre."— Morning Courier and New York Enquirer, Saturday, 23rc/ March, 1839. Similar remarks might be quoted from many other Journals of the Union, but upon a fact so obvious and undeniable, it cannot be necessary to cite them. But your Committee are disposed to regard with considerationt of „ , , I . . . . . , our right to folloir far greater alarm and apprehension, certam principles the Brigands to 11 1 ^ p 1 TT • 1 o • their own CouDtry. advanced by the Government ot the United States, in respect to our right to pursue the brigands who may invade the Provinces, and attack them within the limits of those States. The ground assumed by the American Minister in „ , . o J Ground assumtsd on London, in relation to the destruction of the Caroline AmerS*'Mim8uJ Steamboat, if admitted, would at once place these Pro- *' ^""'*''"- vinces in a situation that would wholly disable them from effectually protecting themselves from foreign ag- {^resslon, — Mr. Stevenson assumes that the invasion of Upper Canada, by the armed force, under the com- mand of one of his fellow citizens, Van Repellaer, — at Navy Island, was a case of Civil War, existing at occupation of Na- 1 . • 1 • 1 ■!-» • • -1 yy Island consider- the time within the Province; that civil wars are noted by Mr. Steven- son a case of Cinl distinguishable from other wars, as to belligerant war. and neutral rights — and therefore, not being able to I m m m *■ ' ;'l m 32 .'1 i \ 5ii "i !li (!^; The ustifiei ccasic f the nthe 1 yof r ies agi >le to 1 Consequence of such arguing. deny the fact, but aclmittiii<2j it as he does, to be true, that the Steamboat in question was engaged in the ser- vice of the invaders, and had communicated with them from the United States shore three times in the course of one day ; he nevertheless asserts, that we were not ' justified in following her to her place of shelter at Schlosser, and destroying her there : As a conse- quence of such mode of arguing, — if Mr. Stevenson be riiiht, it must follow that the Government of the '^^ United States is of opinion, that if all the Steamboats lying at Buffalo, some fifty in number, had been en- gaged in bringing men, munitions of War, and other aid from that place to the armed body of in- vaders on Navy Island, there was nothing illegal in such acts, and that our troops would not have been J justified in pursuing them into the States, and de stroying them wherever they could find them. — ; Your Committee have no apprehensions that any such doctrine will be admitted by Iler Majesty's Govern- 1 ment if the occasion should occur requiring its dis , _ , cussion; and if precedent were necessary to contro-^ No country affords ' r j more sinking ex- yej,(- jf there Is 110 countrv whose history affords I amples in point ' j j h than the U.S. ^ore Striking examples in point, than that of the Uni-| ted States, many of which, if it would serve any use-il ful purpose might be noticed in this place — one only,|i however, will suffice. ricans in time of peace ower In May, 1818, Pensacola and the Fort of Barancas, ^ation^ ere.' Thd Pcnsrcola and IJa- I'ancaa taken pug- ^ ... sessionofby Amc- in West Florida, beloncinf]; to the Spaniards, were taken forcible possession of by the American TroopsJ in a time of peace between the two countries — the for mer '* wiffi only the show of resistance," the latter, by | capitulation ; the garrisons of both being conveyed to the Havana, at the expense of the American Govern- ment. lost 'errit incou Jpanij ^hom tat a 33 o be true, in the ser- with tbem he course were not sheher at a conse- Stevenson mt of the teamboats been en- and other Jy of in The occupation of these Spanisli possessions was ^hdr occ»p.iio,. ustifiedby the Government of the United States,on this fi^.a^'liomu. ccasion, upon the ground, that as almost the whole *"""* f the tribe of Seminoles inhabited the country vvith- n the limits of Florida, Spain was bound by the Trea- of 1795, to restrain them from committing hostili- ies against the United States; " that as she was una- le to fulfil this obligation — her inability to maintain ler authority over the Territory and Indians within ler limits, ought not to expose the United States to )ther and greater injuries," and that, where the au- hority of Spain ceased to exist, the United States lad a right to pursue their enemy, on a principle of have been 5, and de- 1 them. — t any such 's Govern- ng its dis-j to contro ry affords! Df the Uni- ^e any use- -one only, I ; illegal in felMefence " The right of self-defence," says the President, .. ° , » ^ i Fxtract of Presi- in one of his Messages to Congress, upon the sub- '^."''^'^ M«=88«ge oa o o ' r the Setninola War. ect of the Seminole War) " never ceases. It is mongst the most sacred, and alike necessary to na- Jons and to individuals. And, whether the attack be ade by Spain herself, or by those who abuse her ower, the obligation is not the less strong." " In pursuing the savages to an imaginary line in e woods, it would have been the height of folly to ave suff'ered that line to protect them. Had that been one, the war could never have ceased. Even if the erritory had been exclusively that of Spain, and her ower complete over it, we had a right by the law of ' Barancas, Rations, to follow the enemy on it, and to subdue him irds, Avere an Troops, s — the for- e latter, by onveyed to m Govern- lere." The Spanish Minister at Washington protested The Spanish Mini.. ,,-,!",. p , ter protests against lost strongly agamst these alleged violations of the the conduct of the 'erritory of the King of Spain. He denied that any [ncouragement or protection had been given by the jpanish Authorities to the Seminole Indians, between ^hom and the United States, they did not even know lat a war had commenced, and he called upon the 5 m '■M km 1 i, S m -I 4 a-i - I ^i IV 1 I f 1 r;i ■^> 'i f ■':' ai' t'i i"i'. Spnnibh Govern- ment iJomanJs the piiniHliiiifiit of llic Americun General. Justification of the act reiterated by the Amt-rican Go- Turuuiutt, American Govern- ment decline to in- flict punishment «r pass censure on Ge- neral Jackeion. Euli'K um on Gfiie* ral Juckitoo'a con- duct. (iovernment fortlivvith, to restoro to Spain the i)lacesi[irmec which had been iurcibly wrested from her, and the pro-Ja the pcrty which had been found in them; — to make in-mie U demnity for the injuries and losses which had been ^er C; occasioned by the invasion ; and to punish the General and the Officers by whom the outrages had been com- mitted. The American Government, in reply, reiterated the grounds upon which it justified the occupation of the Forts. The Spanish Minister was however informed, that Pensacola would be restored to any person, duly authorised on the part of Spain, to receive possession of it ; and that St. Marks would be surrendered to any J Spanish Force sufficiently strong to hold it against anMaiy F attack from the Indians : but the American Government'jiot on declined to inflict punishment, or to pass a censure Ferriti upon General Jackson, whose conduct was " founded^ )ut to " on the purest patriotism, and whose vindication was ions ti " written in every page of the law^ of nations, as welli hat t[ " as in the first law of nature, self-defence," — On the| ivould contrary it considered it had a right to claim fi'omi )een a Spain, (and which the American Minister at Madrid lore n llerJVi and ni md as anii Unitec ion, Vom r empti hrow Anfjprica demands the puiiishiiient of the Spanish Gover- nors, tor uidinu, the Indians. No Civil War ex- isted in U. C wiien the (Jarntine was burnt, no imm in arms since but to repel invasion fruiu tUe U. S. )reser act, 'iiiave ion to The armod force at Kavy Island was a bona fide invasion, planned and armed by American citi- zens and known to their Maijistrates and Public OfTicera. was instructed to demand,) " the punishment of the " Spanish Governors who had aided and assisted the " Indians in the hostilities a^idnst the United States, " whom it was their duly to have restrained." But referring to the facts of the case stated by Mr.Sd the Stevenson,it is not true that a Civil War existed in Up-il r . per Canada, at the time of the destruction of the Caro- line :— there was not a man in arms in the Province then, nor has there been one since for any other pur-^^ pose, than to repel invasion from tha United States. The armed force at Navy Island was not an insiir- rectionary force, but one that had invaded the Province from the State of New York — Which invasion was an act of open hostility^, committed by American citizens, ittee arki he op ^ whi ive k e cfl holla n.j he places I d the pro- make in- 1 had been e General )een com- crated the 1 tion of the informed, rson, duly possession red to any against an| rovernmentj ; a censure! " founded ij ication was )ns, as well! ,"— v^n the! claim fi'om! at Madrid irmed and organised in the United Slates, and marched In the presence of Magistrates and Pubhc Ofliccrs of the Union, witliout resistance or interruption, into Up- )er Cannda,for the avowed purpose of making war upon ler Majesty ; and die Steamboat Carohne was openly md notoriously engaged in the service of, and aiding md assisting diis invading force— As in die case of theTTu'iiTapiIiiS Spanish Government in Floiida,the Government of the "". ding turcuro"' Suited States either wanted the power or the inclina- lion, it matters not which, to restrain their citizens Tom making war upon the Queen of England, and at- tempting the destruction of Her subjects and the over- ihrow of Her Government; and the subjects and Mili- tary Force of Her Majesty had an undoubted right, a fuiiimht m" only lOt only to lollow the SteaniDoat Uarolme mto the »"J''"'"«hc cam- •^ line but to t-iiter the 'erritory of the United States, and destroy her there, fi'"'" '""^ *!*='""y lut to enter into that country and destroy the /jrey^ftm- ^^jJo^nnTi.T^sim^^ lions there making for their destruction, if it were seen '"'• ^'''^"'"''^''""«- that the American Government cither could not or ould not do so themselves — That this right has not n at this »ct has leen acted upon by tlie people of Upper Canada be- upon-a"p?oii of ft ... 1 • 1 • *""' desire lor [ore now, proves their smcere and anxious desire to peace. nent of the^preserve peace; but it would be folly to disguise the act, that, the repetition of aggressions, such as they ave already experienced, may exhaust that disposi- ion to patient forbearance which has hitherto controll- d them. ssisted theti ited States ited by ]\Ir.f isted in Up )f the CarO": j e Province r other pur-' d States. ot an insur- le Province sion was an ;an citizens, If would probably be considered that your Com- cnnfndictinn of nttee had not fully discharged their duty, while re- suiemeuis. larking on the case of the Caroline, if they permitted [he opportunity to escape of contradicting on authori- [y which they knew to exist, and of the most conclu- [ive kind, the statements made by Mr. Stevenson of le cause and manner of her destruction, and the 'bolly unfounded allegations, that a number of persons '. i 1;| il ■If. 36 Mr. Sterenion'i •Uteuivut. The Caroline in the 8ervice of ihe Patriots several •lays hifiire she caiue to the island. liiipands sent from the Island to Hutfa- lo to get bci' out of the ice. She took muskets, &c.. on board at Boffalo . Her Captain gave up his comnnand (o the Chief lirigand. Openly employed in bringing warlike stores from Schlos- ser to Navy Island. The Crew on board were artued. They resisted and wounded several of the assailants. A body of armed mea on shore for her defence. Not one on board when she went erer tb« Falls. were on hoard of her when she was utt on fire and precipitated over the Falls of Niagara. Mr. Steven- son says, that the account given of the destruction of this Boat by Mr. Fo.\ and the British authorities in , this Province, is in every essential particular discre dited and disproved by the most unimpeachable evi- dence ; that the evidence transmitted by him to Lord , Palnierston, strips the proceeding of eveiy pretext al- leged in its justification, and maiks it as an act of the most oilcnsive and unwarrantable character. Apart from the admissions which are to be found in Mr. Ste- venson's own communicadon, and which have been already adverted to as sufficiently contradicting his| assertions, your Committee have it in their pow-l er to adirm, that it is established by evidence m-|, capable of successful contradiction from any quarter,), that the Piratical Steamboat in question was engaged^ for what was called the Patriot Service, several days! before she came to the Island. A detachment of the ; Brigands was sent from the Island to Buffalo to assist in extricating her from the ice, and fitdng her out and bringing her to the Island. She took muskets and other Military Stores on board at Buffalo for the use of the invaders. On her arrival at the Island, her Captain surrendered the entire direction of her to the Chief Brigand, who gave orders for her safety, fearing she might fall into the hands of the British.— She was openly and publicly employed during the day in bringing over cannon and men from Schlosser to Navy Island. When she was attacked, the cre^v on board were armed and prepared for resistance, an- ticipating an attack: they did resist, and seriously wounded several of the assailants. There was a bod) of men on shore, armed for her defence in the event of an attack, but they did not venture to go on board the vessel — and lastly, it is utterly untrue that any one was V. I on b( Falls. Yo of the the d imput wardj sible I It I and, a Canai of the appea and p -It i! sally s is, anc that tl proba from tee d opini( they desire expe they obvio Natio them, Avatc YJ they traon tmex the e on 01 !'.■!« 37 fire and Steven- uction of lorities in ir discre- able evi- ; I to Lord . )retext al- ict of the *. Apart Mr. Ste- ave been icting his leir pow- idence in- y quarter, s engaged ^ veral days ent of the[ o to assist er out and skets and or the use si and, her her to the er safety, British.— Juring the Schlosser the cre^v stance, an- on board at the time she was prctipitatcd over (lie Falls. Your Committee feel that this statement of the irutii of the case is not necessary to vindicate the legality of the destruction of the Boat, but simply to remove the imputation that unnecessary severity was exercised to- wards the persons on board of her, or Uiat in any pos- sible case her destruction w is not fully justified. It has been with feelings of the deepest concern, Roprated upprai. , at times, oi mdignation, that the loyal peoT)le of the tin- v. s. (;..vLni. iiu'iii lor (In- pun- Canadashave observed the apathy of die Government'"''":'""""'"*""' of the United States, — notwithstanding the repeated ""''*'^ appeals that have been made to them, — in restraining and punishing the Brigands who are within its reach. -It is a fact not only undeniable, but almost univer- sally admitted, that the conduct of the United States riuy have mani- Tested it contraiT is, and from the beojinnin"f has been, such as to shew <''!*!>"«'>';'" »"«> " ' O O » )o„k Willi si»ti»(ac that they regarded with satisfaction rather than disap-''"V"l"'""'^"T' .' O I made to tiever t -IK probation, the attempts made to sever these Colonies [j^o'^'i^''^'"'"''* from the British Crown — and although your Commit- tee do not feel auth<$i*ised to advance their individual opinions as those of your Honorable House, when they state their conviction, that there is a very strong desire among the American people and government, to expel Monarchical institutions from this continent, yet they believe that the indications of this desire are so obvious, that our Gracious Sovereign and the British Kn^iand .imuid be __ . ,111 1 1 1 • 1 • 1 ^constantly & plain- Nation, should be constancly and plainly apprised oi ly apprised of Ame- . . I lean policy. them, by those who have the best opportunities of watching them, and stating them with confidence. Your Committee believe that the feeling to which The feelings adver- tod to — mainly in- they have adverted, has mainly induced the recent ex- fi"ced the recent '' 7 J raovementt) in traordinary movements in Maine, and the sudden and '^'»'"*=- tmexpected assertion of the General Government, that the exclusive jurisdiction over the disputed territory on our Eastern boundary, does not belong to Great f l;l !ii : il 38 Britain, but that the State of Maine was fully justified in taking possession of it by force of arms. If refer- ence were made to the mere inconvenience that would result from the impunity with which crimes of the most atrocious character might be committed in a country over which no ascertained legal jurisdiction extends, it would be enough to decide the necessity ofleaving the Territory in dispute under the control of laws by which it had always been governed ; but the people and Government of the United States are insensible to this or any other consideration that comes in conilict with their designs on the possessions of the British Crown. They well knew, and cannot deny, that the territory in dispute has always been under the jurisdiction of Great Britain ; and they are equally sensible that the settlement of the true line dividing the two countries has never been retarded or evaded by the English Government, but that the fault, if there be any, is wholly on their side. Notwithstanding^ i which, at a moment when it is believed dissensions | exist in the Colonies, warlike possession is taken of a part of the country that has always been claimed by, and which has ever been in the possession of, Great Britain, and which if ceded, will completely cut off the land communication of the British North American I Colonies, with each other; and the moment this most f unjustiliable aggression is committed, Congress, in compliance with a recommendation from the Presi- dent, passes a Law authorizing him to employ the army and navy and militia of the Republic, to resist any attempts on the part of Great Britain to enforce by arms, her claims to exclusive jurisdiction over what ?— over that part of "the State of Ma[ne" ! which is in dispute between the United States and Great Bri- tain. This enactment would settle the whole matter if submitted to, since it assumes that the territory in i dispul furthe tain \^ Yo they cours( this I seven half c New smalle the ci ponei] loyal that tl ted S conne and n unfou can it edby takep portic The I their but tl toanc linet belom Yc of m( ing i\ Your it cej while ledge m 39 y justified ! If refer hat would es of the tted in a irisdiction necessity le control rned ; but States are hal conies ons of the mot deny, under the e equally e dividing or evaded t, if there :hstandino: I, issensions aken of a aimed by, of, Great cut off the I American p this most igress, in le Presi- iploy the resist any n force by • what ?— which is ireat Bri- le matter rritory in dispute is part of " TirK State of Maine," leaving]; further argument or proof on the part of Great Bri- tain wholly out of the question. Your Committee would exceed their province, if they ventured an opinion, however remote, of the course which Her Majesty may take in reference to this unexpected interference with Iler undoubted sovereignty ; but they may venture to express on be- half of their brave and generous fellow-subjects of confidence that New Brunswick, their firm conviction, that not the "7aiiow thlfrigTi'" smallest portion of their rights will be sacrificed to lie «ucnikci?** ^^^ the cupidity of an encroaching and presumptuous op- ponent. — And on behalf of themselves and of the loyal inhabitants of Lower Canada, the}^ can only say, that the surrender of the territory claimed by the Uni- ted States, could not fail imminently to endanger the connection of these Colonies with the Parent State ; — and most earnestly do they hope that a concession so unfounded and ruinous will never be made. — Neither can it be forgotten by Colonists, nor will it be overlook- ed by the British Government, that no compromise can take place which will have the effect of transferring any portion of Her Majesty's subjects to a Foreign Power. The people of New Brunswick may be released from The people of New * ^ IJruusvvick cannot their alle":iance and cast off from the Mother Countrv, •''' v*'"'^^'''"'''* ^" '^ " ' another power but they cannot be tramferrcd, and rendered subject c^'onsint "'^'' "^° to another power without their own consent. The true I'mCi and that only must determine to what JVation they belong. Your Committee having thus adverted to the events of most prominent importance that have occurred dur- ing the last year, feel called upon to impress upon Your Honorable House the necessit}' — a painful one it certainly is — of assuring our gracious Queen, that while Her loyal subjects in these Provinces, acknow- ledge with the deepest gratitude the cfTicicnt protec- 1* 40 m i!! M'!i»"; tion extended to them, by the large Military force that has been stationed in the country, they are bound to reiterate the opinion expressed in the Report of Your Continuance of this Honorable House of the last Session; that the con- to oui peace and tiDuance ot this protcction IS essential to their luture "^^" peace and safety,— not, however, from the slightest apprehension of internal revolt — but " because the sCsii,i*'bc"ton" Government of the United States either wants the further uggiettsiouj. , ,. . , i •!• 1 • " inchnation or the abihty to compel its citizens to " yield obedience to the laws of nature and of nations;" and because we believe these citizens are still feroci- ously bent on repeating the aggressions from which we have already so severely suffered. Your Committee further earnestly recommend that Indemnity to the "^ owiiersofsirRobt. your Houorable House should bring under the consid- reel strongly urg* ^ *-' *''• eration of Her Majesty's Government, the just and undoubted right of the Owners of the Sir Robert Peel Steamer, to prompt and complete indemnity for the felonious destruction of that Vessel in American waters by American citizens. It has occasioned some surprise that this remuneration has not been made ere Ruinous conse- ^^^s ; but thc ruluous consequenccs which would result to The ' owneirSy fi'om longcr dclay, to several of our fellow-subjects, onger eiay. imperatively require, that your Honorable House should press their claims with the utmost earnestness. The Indemnity for the Hiorc rcccnt buming of thc Thames Steamer and of Thames Steamer and other pioperty. the property of iudividuals in different parts of the country by the invading Brigands from the United States, should, your Committee areof opinion, receive the early attention of Your Honorable House, in order that steps may be taken to obtain for the owners a full in- The people of the ^^"^^^^^ for their losscs. Your Committee are well Tuowrinou i'lo""* satisfied that the people of this Province will not per- e.tobe sustained, ^it individuals to sustalu ruinous losses which should be borne equally by all. They cannot regard the destruction of the property referred to, as among those pairir such jesty Iti best 1 invasi Majej reprei empk lation them tive o and it which froml not d If! and p ed th ed, b Militi ing riallv In whic year, the The belo^ to mi Her. subj< brce that bound to of Your the con- eir future slightest ;ause the vants the tizens to nations;" ill feroci- which we mend that le consid- just and )bert Peel ty for the American Dned some made ere Quld result ;^-subjects, use should ess. The ner and of irts of the he United )n, receive 3, in order rs a full in- ; are well 11 not per- ich should egard the nong those 41 casualties that establish no claim for indemnity from the public. — They are the consequences of a national calamity, which the whole people are concerned in re- pairing—and your Committee are well satisfied that such is the opinion of every loyal subject of Her Ma- jesty in the Province. It is not for Your Honorable House to point out the best means of defending these Provinces from future invasion ; but your Committee are of opinion, that Her Majesty would not receive unfavorably, the respectful representation, that there are many reasons against t • n ,1 ,!/»,• ,1 1 Reasons for not em* employmg tor any great length ot time, the rural popu- ploying ih« rural , . ,. 1 • • ^^/T^^' t" • rrt i • Papulation in Mill* lation 01 this new country in Military duties. iakingiaryduUe.. them away from their Agricultural pursuits is produc- tive of much and serious disadvantage to the Province, and it would be wrong to overlook the injurious effects which may be produced, on the morals of young men, from habits too readily contracted in a service that can- not demand their constant employment. If Her Majesty should direct the construction of Forts i^.J^^^^'^l'^Ji,^^^^ „f and places of defence along the Frontier, it is b el iev- *'''»''""*• ed that very great saving would be ultimately effect- ed, by rendering unnecessary a portion, at least, of the Mihtia Force which is now embodied ; and to the call- ing out of which, the people of the Province are mate- rially indebted for their present safety. In concluding their remarks upon the struggle in which the Canadas have been engaged during the past year, Your Committee will briefly advert to two points, the most gratifying to every loyal British subject. — The first is, the noble and cheerino; declaration of our D^'ciaration of hm " Majesty, beloved Queen, that " Her Majesty is firmly determined to maintain the authority of Her Crown in this part of Her Dominions y'' — and the second — that Her Majesty's subjects of British and Irish descent, are not only en- 6 < fij III U 42 i:Ul [■I titled to, but are eminently desernng of the royal pledge Ihus given to ihcm. His Excellency the Lieutenant Governor truly ob- served, in his Speech at the opening of the present Observation of the Session of the Provincial Legislature, — ** That the Li.ut. Cli.vcruor lu , t • i^ ^ ^ pit ^ a i hi. speecb. a lYiain loundation ot the hopes ot the discontented '* persons in this Province and their Foreign supporters " has been a mischievous notion, industriously propa- " gated, that Eno;land would desert her trans- Atlantic " Possessions in their hour of difficulty and danger." The false opinion Thcsc falso and pernicious opinions are now dis- .ietcii''Ke Colo polled, as Your Honorable House never doubted they nits di^|)elied. ^ ^ ^ ^ i i i t • i \ would be, by a pledge the most emphatic and sacred. And while their enemies are thus disappointed in their hopes, Her JMajesty's loyal people are encouraged to persevere in that noble display of devoted loyalty, and unsubdued bravery which has so eminently distinguish- ed them on every occasion, and in every conflict, where their services have been recjuired, to expel or annihi- late theii' ruthless invaders. It is in the power of Your Tlie peoj)lc of this , * ^ Pn.vince h:iH >tood |{Qi^Qj.jj|3lg j-^jQUse to luform our Gracious Sovereign, ihi^'TmrTbtT"'' ^^^^ notwithstanding all the misrepresentation and riiuS!''""''''"'^ falsehood that has gone forth with respect to the poli- tical feelings and principles of Her subjects here: and notwithstanding the persuasions employed, and the allurements held out to seduce them from their al- legiance, they have stood steadfast and firm in their faiih and loyalty to their Queen : that not a man among them was found to unite with the invaders of their country ; that they spurned with abhorrence the false and delusive offers made to them of greater freedom and happiness, by a foreign people who had basely and criminally dared to interfere with their institutions, and to pollute their soil with their presence ; — that \\w truth of these feelings and principles has been tested by the blood of many of their fellow subjects, who have whos the si follow WJ your 1 the di tend 1 pages ment Comr ty's h dressi Amer social ces, cornel deed I it is advai their dispj Cam al pledge truly ob- | present That the ontented upporters y propa- -Atlantic 1 >» 43 have sacrificed their lives in maintaining them ; and whose example their lamenting survivors, animated by the same patriotic spirit, arc and ever will be ready to follow. •fP anger. now dis bted they id sacred. :d in their uraged to y^alty, and stinguish- lict, where or annihi- er of Your ^overeisn, [ation and 3 the poli- !cts here ; oyed, and m their al- ii in their nan among s of their 3 the false ?r freedom basely and utions, and —that the leen tested ectB, who WHEN YOUR COJVIMITTEE were appointed by your Honorable House, they had reason to suppose that the duties with which they were cl urged would not ex- tend beyond the subject referred to in the preceding pages of this Report; but since that period a docu- ment has been promuloated bv order of the House of . Rt'pnrt of Lord Commons, purporting to be the Report of Her Majes-i'U'i'a'"- ty's late High Commissioner, the Earl of Durham, ad- dressed to Her Majesty, on the affairs of British North America, which contains matter so deeplv aifectina the containins: rr.attcr social as well as political relations of all the Provin- ;;'[J;;j,,;'J';|j.''^^^^ ces, especially of Upper Canada, that it would ill-be- come your Committee to pass it over in silence. In- deed they regret that at this late period of the vSession, it is impossible to give the statements and opinions W'^t timp for fi.ii , investigation of Ke* advanced by His Lordship, the extensive investigation p""- their importance demands ; but your Committee will apply themselves with calmness, and they trust with vindication from dispassionate zeal, to vindicate the people of Upper pe''i'ie.G.iverMmMte * ^ ^ , ^ ^ and Legislature of Canada, their Government and Legislature, from char-uc. /I h m 'it M 44 ^"' ^es thai imply a want of patriotism and integrity, which they know to be unjust, which they did not ex- pect, and which they grieve to find advanced by a Nobleman who had been sent to these Provinces to heal, rather than foment dissensions, and who certain- ly should have carefully guarded against giving curren- cy to unfounded, mischievous and illiberal rumours, for the truth of which he admits he is unable to vouch. rir.t announcement When it was first anuouuced that the Noble Lord :[,p!;r,:.'L^rcred had been selected by Her Majesty to represent the disa,.poiutme«t. j^^^^^j ^y^hoj,ity jji thcse Colotties, in the two-fold authority of Governor General and High Commis- sioner with powers far greater, as it was asserted, than had ever been confided to any of His Lordship's predecessors, it cannot be denied that a very general feeling of disappointment and apprehension pervaded the loyal population of the Provinces. His Lord- ship's political principles were, of course, universally known, and it was feared that he might too readily adopt and act upon opinions that had unhappily been long in the ascendant, and which, from want of an earlier check, had brought upon the country all the misfor- tunes with which it had been afflicted. Neither were Apprehengions not thesc apprehensioHS lessened, when it was ascertained less when hisadvi* ^ *■ •er. were known, ^yho werc to be His Loi'dship's ostensible advisers, and the chief Officers of his Suite. Apart from objec- tions of a merely personal character, (although these in an unsophisticated society, such as existed in Cana- da, were far from overlooked,) it was known that the chi.f Secretary gcndcman named as Chief Secretary as well as some ^hnpinL^'^orplT- others, were identified with a small knot of politicians, nineauand McKen- iii i- -ji i .j^i • i •• 2i«: who had undisguisedly advocated the views and opini- ons of Papineau, and Mackenzie, and whose desire to release these Colonies from what they termed " the baneful domination of the Mother Country,** had been plainly avowed. Notwithstanding these reasonable ap- m 45 {< I prehensions, however, the population as if hy common D,t„„.„.ji„„ ,^ agreement, determined to receive his Lordship with [.""'"^li^'Jo^jr the utmost cordiality and manifestation of confidence. '^'"''' They were aware that he had been for many years a Member of the Imperial Parliament ; that he had for some time occupied a seat in the Cabinet, under Earl Grey ; and that he had filled a diplomatic appoint- ment of considerable importance ; and they believ- ed that it was quite impossible for him to have been engaged in these various employments, without acquiring a knowledge of public business, and being taught a prudent wariness of conduct, that would pre- vent his falling into any great or irretrievable error. — But that which the loyalists chiefly relied upon, was the character which was ascribed to His Lordship of integrity, intelligence, and love of country — They did not fear the result of his mission, if he were possessed of these great and essential qualities. — It was compa- ratively of little consequence whether he was Tory, whai'^Lord "a wai Whig, or Radical, in England, if, in Canada, he would «» h's judgment were exercised exercise a sound, upright, patriotic and independent ^""""'j a"«^ "p" judgment. It had never happened that a man, guided by these principles, and possessed of a dispassionate mind, had failed, after a short residence in the North American Colonies, to detect the fallacy of the " con- ciliating" policy that had been so long pursued, or to determine which party sincerely desired to perpetu- ate the connexion with the Mother Country ; and which was aiming, under the specious pretext of secu- ring liberal Institutions, to sever the Union and es- tablish a Democracy. Neither was an instance known of a high-minded Englishman, residing in America for E"g,|'j^Ji;"7^y-|)g any length of time, however strong his predilections mllft'"bt™d"i?st'e"d might previously have been, who did not leave it with Tf Rpubiican'iLiti" a feeling of disgust at the practical exhibition of Re- publican Institutions on this Continent. Accordingly, I m it; m W' I' h' is!! i w I : if liite: #4- 46 , , „ . , upon liis landin<2; at Quebec, Lord Durham was receivei contai rntiul^iaMn^ ''*''' ^^^ ^'^'i^'^ ^^^^ {ippeariincc oi' eiitliusiasm,and certainly witl narke tlie most sincere desire to convince him, that no impedi :)rincii mcnt would be thrown in the way of his government bi every diosc,' who were truly desirous that peace and ordei md s shoiiUl be again restored to the Country, and who' gome were heartily tired of tlie imbecility with which affairj judgm had been conducted for the greater portion of the twc renen preceding years. tentioi The first Act of His Lordship's Administration, waiconstr the issuing of a Proclamation, setting forth the object! ofDur of his mission, and the policy he was determined t( mput£ pursue in executing his high and impoitant duties.— brmar First ncA. of His Li>i(i<«|ii|». hat m hat fn He declared that " the honest and conscientious advo ' cates of Reform, and of die ameliorations of defec " tive Listitutions, should receive from him withoui His L acts, w of Lav Df tha " distinction of party, races, or politics, the assistance " a])d encouragement, which their patriotism had a " right to comuiand, from all who desired to strength " en and consolidate the connection between the Pa *' rent State and these important Colonies ; but the " disturbers of the public peace, the violaters of the Ucccived willi sa ti^faction. " lavv', the enemies of the Crown and of the Bridsli suspei ** Empire, would find in him, an uncompromising op- " poncnt, determined to put in force against them, all " the pov^ers. Civil and Military, with which he was " invested." This manifesto was received wiih general satisfac- tion, by the v/ell-aifected in both Provinces, they de- sired no more than that the principles it avowed should be fully and faithfully acted up to ; well persuaded that if this were done, the peace of the country would be quickly restored. Your Committee are not disposed to doubt that Lord Durham sincerely desired and intended to fulfil, to the very letter, every pledge, direct or implied, ic mt him. DisI live C Crow gend missa Lowe and know conce sugge culiai remo and not tc 47 as receiveiicontained in his Proclamation : that his acts would be jrtainly witlfciarked by discretion and a respect for coiistitiitional no impedi4)rinciples, and that he \v;is (irmly resolved to exert ernment bievery faculty he possessed, in restoiiui;- traiK[uiirny e and ordeijand security to the Canadas; imhappily, however, and who^ome baneful influence intervened, or some delect of somcimefni i..nu. /hich affair«adgment existed, to mar and frustrate these noble and IXt.rrol ^r' i of the twcl^enerous resolutions. Your Committee disclaim the in- ' ' '"'' ention of uttering one single sentiment that can be \ tration, waflconstrued into wilful or gratuitous disrespect to the Earl the objectJjof Durham, or the desire of conveying the most distant termined tJ|mputation on his patriotism or integrity ; but in the per- [it duties— formance of a duty which admits of no forbearance ntious advo ihat may exclude the truth, they are bound to declare, \s of defec- hat from the date of this Proclamation to t!ie close of ^, ., , r mm flu* eal ot thiii Province to be affixed to a crrtain Instrument— tesied ill hig own name — thonf(h contrary to hif instrnctioDs. Lord Durham'* Proclamation, offer- ing a reward for the apprehentiun oi the pirates who burnt the SJir Kobert Peel iStsamboat. land ; but the effect was not only to excite uncomforta- ble feelings in the Province, from the ungracious ap- pearance of ihe act, — but to cast His Lordship upon a sea of difficulties, without a single competent Pilot to warn hin^. of the dangers that surrounded him, and it is not to be wondered at, that he was speedily in- volved in serious embarrassments. He soon afterwards required the Great Seal of this Province to be affixed to a Commission, tested in his own name as Governor General, appointing certain Gentlemen, Commissioners, to enquire into the Land- granting Department in Upper Canada ; over-looking, or disrv^garding, the provisions in his appointment, by which he was precluded from acting in any Province, in which he had not actually assumed the Government, and been sworn into Office. Although this Act was wholly unauthorised, it was nevertheless acquiesced in, that it might not be alleged that His Lordship had been thwarted in any manner, in carrying into effect whatever measures he deemed necessary to accom- plish the object of his mission. A further, and somewhat ludicrous exhibhion, of His Lordship's assumed powers, was evinced in the Pro- clamation issued by him, ofrering a Reward of one Thousand Pounds for the apprehension and conviction of the Pirates concerned in ;he destruction of the Sir Robert Peel Steam-boat. As the offence was commit- ted in the United States, where alone the power of pu- nishment existed, this Proclamation was considered a somew^hat singular, if not an unprecedented inter- ference with the administration of Justice in a foreign Country. To the people of this Province, a demand on the American Government for reparation would have appeared a more reasonable and legitimate mode of proceeding, and would have afforded far greater satis- faction and more convincing proof, that His Lordship when: the d Hills, the ca before cessar to she acts ai ing to ; parent occasii painful The portaU Traito should tried n selves and th jesty, and it here.- that at necess time tl profes; and 63 void. The his Pn ment lovers 4d :omrorta- :ious ap- ihip upon tent Pilot him, and eedily in- jal of this !ted in his g certain the Land- T-looking, tment, by Province, vernment, I Act was cquiesced •dship had into effect to accom- ion, of His n the Pro- ird of one conviction of the Sir as commit- wer of pu- con&idered nted inter- n a foreign demand on vould have e mode of eater satis- is Lordship was determined to protect to the utmost of his power, Her Majesty's subjects from insult and injury. A measure of a much more mischievous tendency, L.,,a p i„terfer« soon after occurred, in His Lordship's interference, jT,i;':J'mX,lai when in Lower Canada with the course of Justice in :t^L' 'ihonVuu" the disposal of the prisoners captured at the Short Hills, in the Upper Province. This interference and the cause of it, are detailed in the correspondence laid before your Honorable House ; — It is, however, unne- cessary to refer to it here, for any other purpose than to shew, that His Lordship did not regulate his Official acts and correspondence by any legal rules, but accord- ing to such views as he might chance to entertain, ap- parently regardless of the embarrassments he might occasion to others, in the performance of the most painful and difficult duties. The remarkable ordinances that consigned to trans- Tnn»port«tion of portaUon to Bermuda, several of the Lower Canadian £''"" ^^^ ^*""'*' Traitors, and which enacted that the penalty of death should be inflicted upon others who had been neither tried nor indicted, but who had fled or absented them- selves from the Province, if they again returned to it ; and the disallowance of these ordinances by Her Ma- jesty, are subjects within the recollection of every one, and it would answer no useful purpose to discuss them here. — But without examining the degree of validity that attaches to those Ordinances or the motives or necessity for their enactment, they undoubtedly, at the time they were promulgated, were regarded by every professional or well informed person, as unprecedented and extraordinary, if not wholly unconstitutional and void. The concluding Act of His Lordship's Government, p^^^,^^^ji^„^fj,^^ his Proclamation of the 9th October, requires no com- ""^ ^'''*''''' ment from your Committee— it was regarded by all lovers of order, with silent astonishment and disappro- 7 ^i i m 50 '1: :■''¥! ri» J balion— and with what justice is best proved by the terms in which it was noticed by Iter Majesty, who di- rected the Colonial Minister to inform Lord Durham, ht >!«j«t.v'. no. that Her M.ijcsty had been advised by Her Ministers »"iu!i/'"^ f'^'^i-jQ regard it "not meiely as a deviation from the course " which had hitlierto been invariably pursued by the ** Governors ol' the DritisfT possessions abroad, but as a ** dangerous departure from the practice and principles " of the Constitution. They considered as open to " most serious obj(3ction, an appeal by such an OfFicer ** to the public at large, from measures adopted by the " Sovereign, with the advice and consent of Parliu- " ment." *• The terms in which that appeal had, in that in- " stance, been made, appeared to Her Majesty's Min- " isters calculated to impair the reverence due to the " Royal Authority in the Colony — to derogate from the " character of the Imperial Legislature — to excite ** amongst the disaffected, hopes of impunity, and to " enhance the difliculiies with which His Lordship's " successor would have to contend. " The Ministers of the Crown having humbly sub- " mitted this opinion to the Queen, the Secretary " of State proceeded to say, that it became his duty " to inform His Lordship that he had received Her " Majesty's commands, to signify to His Lordship Her '• Majesty's disapprobation of His Lordship's Procla- " mation of the 9th of October." *' And that, under these circumstances Her Majes- " jesty's Gove-nment were compelled to admit, that *(' His Lordship's continuance in the Government of " British North America, could be attended with no " beneficial results." Your Committee have noticed these prominent UnsonndtiCSS of ■,,. , cifTix-r ^ i LoidDVjudgment. public acts 01 His Lordship, for no other reason, than to draw attention to the proofs which exist of the sin- cari as 51 >il by tlic y, who di- l Durham, Ministers the course ed by the d, but as a principles as open to an Officer )ted by the of Parliu- in that in- esty*s M in- due to the ite from the —to excite lity, and to Lordship's umbly sub- ; Secretary] no his duty I ceived Her ordship Her I ip's Procla- Her Majes- admit, that )vernment of led with no 5 prominent reason, than 5t of the sin-r gularily, if not unsoundness of his judjjjmcnt — and as affording room for those, not personally ac(|uaiiitcd with the facts on which His Lordsliip founds his ton- chisions in the Ucport which he has presented to Her Majesty, to doubt, or at ail events, to receive with caution, the slatemonts he has set forth, with respect to the social and political t:onditi()n of a Province, in which he never resided, and witli which he had scarcely any personal acquaintance. His Lord.shii)'s personal "''^"••d»'»'p'»P"' , ■(•rial acquuintaoc* observation was confmed to his passing up the River St. »'^'i'>u.c. Lawrence and crossin^i; Lake Ontario, in a Steamboat, occupied exclusively, by his Family and Suite ; — a "four days sojourn at die Falls o^ Nir.gara, and a twen- ty-four hours visit to die Lieutenant Governor at To- ronto. Your Committee are not called upon to examine, or offer any opinion upon diat part of His Lordship's Report which relates to the affairs of Lower Canada. It is, however, evidently drawn up with much greater care, and they believe, ^ with far greater accuracy, than that portion of it which relates to this Province. They will therefore proceed at once to the exami- Examination of nation ot those opmions and observations oi liis Lord- uepon in rcHpect ship which most seriously ailect this community. Lord Durham ascribes, and your Committee believe truly, P'»'«"r''anccK in ' •' *'•' J^riutr Canada arise all the dissensions and disturbances that have occui- ['"'" '=""**"'^ ^^' l \v:iy lor tl)e second, His Lordship thinks it necessary that they should be Xu^'^dSfu"* put down, and that the authority and influence of the «^"'''*'"s- Crown should for that purpose, be thrown into the scale of the second class — whom His Lordship designates " Reformers," among whom, however, he says, '* it " cannot be doubted that there were many who wished ♦* to assimilate the institutions of the Province rather " to those of the United States than to those of the " Mother Country." There are two aspects in which these opinions of^hese opinions im- His Lordship may be regarded, equally unfavorable to LoSshlp Is "" his penetration as a Statesman, and his character as aadviMTof^th.** safe adviser of the Crown. It could not fail to strike j^^'cLs acquired a man of ordinary understanding that if the " Compact" £orai'ie""" '"^ were so numerous, and composed of the class of per- sons he describes, they must have acquired the influ- ence they possess naturally and as a matter of course, and not by any dishonorable means : and it would be difficult to persuade any one, that the Government of the Country could be carried on without their support — and certainly there is something inexpiicat)ie m tne that the 2r.d cia». . , , , « should &upplitnt the Opinion intimated by His Lordship, that they should be nrst, considering ^ *' I ' ^ their object. cast aside to make way for another party, " many oj whom his Lordship says, wished to assimilate the In- meani. Quite inexplicable fil I I )• CUs sett. Differences huve ariyeii on Vf^' 54 stitulions of the Province rather to those of the United States, than to those of the Mother Country" ! But your Coiumittee have a higher duty to perform than criticisiiig the language, or endeavoring to fathom the V ,. .. ruH meaning of the Earl of Durham. They feel them- Vindication of both ^ O •' selves equally bound to vindicate their fellow subjects of both classes. It is somewhat singular to find it re- presented that the Reformers of this Province complain of the existence or influence of " a Family Compact" composed of persons who are represented to be of the same origin with themselves ; but whatever may be the opinion of others, your Committee believe, that the 'poiiircai differences which have existed in the Province, have from''enV'of < "« procecdcd from political disagreements that have un- other's prositerity. , -i • ,i • • ,i happily grown up m this, as in every other community) and not from envy of each others prosperity ; and ai- thou2:h true it is, that the ranks of the Reformers have been disgraced by men who have turned traitors to their Country, yet the great body of that class of persons profess to lament the cfrcumstance with as much inten- sity of feeling as any other ; and your Committee be- lieve th?.t however much they may feel gratified at find- ing their political sentiments on the subject of the in- ternal Government of the Country, approved and re- commended by the Earl of Durham, they hold them- selves to be under no obligation to His Lordship, for No obligation to , . . ,. i- . i . , i Lord D. (or trying endeavoring to raise up domestic dissentions, which to raise up domes' "" tic dissensions, cau have no other efTect than obstructing, or delaying the restoration of that social harmony, which once hap- pily existed, and which all benevolent men, of every | party, anxiously and earnestly desire to see re-establish- ed in the Province. Injustice in Lord ^^ ^^^'^ Dui'ham had given himself the trouble to I Jt'ea'J'bSy 'of l!ie ^nquirc into facts, and to consider them, he would have| pact." ' °™ been convinced of the impropriety and injustice of de- signating, as he has done, the great body of the people I ;• lie United ■y" ! But form than athom the ::!el them- w subjects find it re- e complain Compact" o be of the may be the 3, that the ^ince, have at have un- communityt tv ; and ai- rmers have tors to their of persons much inten- mmittee be- ified at find- :t of the in- ved and re- ■ hold them- ordship, for tions, which » or delaying :honce hap- en, of every re-establish- e trouble to : would have | Listice of de- >f the people I ?5 of the country, as a " Compact" united to tyrannize over and oppress their less numerous and less power- ful fellow subjects. When the Constitution was conferred on the Cana- stafeoftheCoiony das in 1791, and the first Governor. General Simcoe,'" assumed the administration of alHiirs, there were little more than 10,000 inhabitants in the Upper Province. His Excellency w^as accompanied by personal friends who had served under him in the War of the Revolu- tion. These^with few exceptions, were appointed toThoss whocame fill the various public offices in the Colonv. There '''^^ various puw?i oHices. are few of these most excellent and venerated men now ^'^"'^ "f these re- maining. remaining, and none of them who are not superannua- ted or incapable of further labour. Notwithstanding And few of their the natural and reasonable claims of their children "pp«>imcd trsitua" , , , . , . <- /> , tioiisofeujolumeDt. and descendants to consideration, very few of them 'fi have been appoi •(' ' ^o any situations of emolument, and none of them < ^ your Committee are aware of, have succeeded to their father's vacant offices. Thep.j,rona»eoffhe i r il /^i J • il 1 i. • J Crown extended to patronage oi the Crown, even during the short period aii classes, that has elapsed since the organization of the Govern- ment, has been widely and indiscriminately extended among all classes, and all denominations of Her Ma- jesty's Subjects, without the slightest regard to family or hereditary claims ; and so far from a monopoly of ofRce or power being retained by these persons, it was at one time a source of much dissatisfaction and complaint, that they had been ungenerously overlook- ed. But His Lordship, as if to meet this objection, Lord d. affirms that he probably apprehended might be raised to the consider the miier ^ . . '^^" classes as a part of his report to which these observations apply, family compact, 'A 11^ combined to ex- has announced to Her Majesty and the British Na- •='"''f ^'"^'V ^'■"™ J J ernoluiiient or pow tion, that the ihinl party to whom reference has been"' made, viz : — The Emigrants from the United King- dom, who have setdcd in the Province since the last American JFar, regard the entire of the original and I''; { I l''!f 1; 56 native population, whether Reformers or others, as a " Family Compact," combining to exclude them from the enjoyment of offices conferring emolument or pow- er ; — that this large and spirited class of people feel as aliens instead of citizens; and that they possess no greater right as British subjects than if they resided in the United States. Your Committee cannot sup- His Lordship's credui.iy must poso that Lord Durham has imagined such a state of have been imposed t '-' •in'teu'tId''Trion'' Soclcty — thcy are well convinced that some disap- pointed or discontented person has imposed upon his Lordship's credulity, and led him to promulgate an opinion, the tendency of which to great and perma- nent injury, cannot be easily counteracted. No portion of the community can suffer more di- rectly or seriously from the effects of this erroneous assertion, than the very persons, who it is alleged are labouring under the baneful influence complained against ; and it is with no common satisfaction that your Committee find among their number three Gen- tlemen well known throughout the Province, the Re- presentatives of three distinct constituencies, and who, being of the number of those who his Lordship states are regarded as aliens in this portion of their Sove- reign's dominions, are best able to pronounce upon the accuracy of His Lordship's statements. One of these Gentlemen, Colonel Prince, is an Eng- lishman by birth, and was bred to the legal profession. He came to this Province six years ago, and brought with him a considerable sum of money, which he has expended in purchasing and improving real Estate in the Western District. On the first occasion of issuing a commission of the peace for that division of the Pro- vince, he was included in it ; and at the next general election he was returned to represent the County of Essex, by a population almost exclusively Canadian; and the Legislature, to mark their sense of his gallant Thf- e Gentlemen of ihe Committee, of the third class. con vasi law ney aftei Mill talio on d dem land. in th as ri third to th- rank ; and i whicl his sc since whicl T' i Col. PriQO«. irSt as «\ em from t or pow- ople feel )ssess no resided nnot sup- si state of ne disap- upon his ulgate an id perma- more di- erroneous Ueged are omplained |ction that tiree Gen- e, the Re- 5, and who, ship states leir Sove- unce upon , is an Eng- profession. ind brought ich he has il Estate in n of issuing ofthePro- ext general d County of Canadian; f his gallant 67 conduct upon different occasions, in resisting the in- vasion of the country by Foreign Brigands, passed a law admitting him to practice as a Barrister and Attor- ney in ail the Courts. The Lieutenant Governor soon after conferred upon him the rank of Colonel in the Militia, and intrusted him with the command of a Bat- talion embodied for actual service, and which is still on duty. The second is Mr. R. RoUo Hunter, a gen- ur.ii.ii. Hunter. tleman of independent property, and a native of Scot- land. — He has resided in the Province six years ; is in the Commission of the Peace, and has been elected as representative for the County of Oxford. The "vir j.a. h.Pcw- third, Mr. J, A. H. Powell, is an Irishman. — He came to the country since the last war ; his father held the rank of Major in the Army; he sold his commission, and settled at Perth, in the District of Bathurst, of which he was appointed Sheriff- — Upon his death, \ his son (Mr. J. A. H. Powell) succeeded him, and has since been returned a member for the County in which he resides. That which has been above related of the recep- tion these gentlemen have met with, and the total ab- , sence of all ground for considering that they have been treated or regarded as " Aliens," may be said of the whole body of British and Irish immigrants who have taken up their abode in this Province; and the„, . ,. . three members of your Committee, to whom special [',;;;;';'';;;;/ j^;'';;^ reference has been made, conceive that they are bound lonllJd'.""'^'^'" m justice, calmly, but unequivocally, to deny that Lord Durham has been correctly informed with respect to the feelings of the original settlers in Upper Canada towards them ; on the contrary, they know that if there be one matter more than another that they feel a de6?p interest in, and desire to promote, it is, emigration from the British Islands. — Thev are aware of the im- mense advantage the country has derived from this il 1 1 I 58 source, in general wealth, as well as in their social and political relations ; and it is universally considered that the check it has experienced from the recent dif- ficulties in the two Provinces, is among the most seri- ous, if not the very greatest, of the evils that have re- sulted from them. And as a proof of the anxiety of Im!;i dalJes'^hrCe thc Proviucial House of Assembly here, to promote i^Em'ilirJiiou!™"* Emigration, and to remove every impediment to its increase, the members, at a time when the House was composed almost exclusively of persons of the first and second classes above alluded to, repeatedly and un- animously, called for the disallowance of an Act passed by the Legislature of Lower Canada imposing a tax upon British Emigrants landing at the Ports of Que- bec and Montreal ; a tax which was regarded by them aa odious, — injurious, — and unconstitutional. Those of the third With rcspcct to tho cxclusiou of British and Irish r'areronillnoJ and Emigrants from places of honor and emolument in the Province, it is sufficient to state that the Vice Chancel- lor — the Master and Bcgistrar of the Court of Chan- cery — the Receiver General — the Secretary of the Pro- vince — the Solicitor General — four out of five Execti- live Councillors — and twelve out of the twenty-nine Legislative Councillors appointed since Sir John Colborne assumed the Government of the country — two-thirds of the Clergy of the Church of England — a like proportion of District Schoolmasters — and the Principal and Masters of Upper Canada College, with one exception, — have been taken from that class of gentlemen ; and it may be confidently asserted that from among them, a large majority of Justices of the Peace, Militia Officers, Commissioners of the Court of Requests, and other local appointments have been made, — while it is a remarkable fact, that of the six- teen Battalions of Militia ordered to be embodied for actual service for the defence of the country, ten of emoiumeut. them who with< pure ¥( subje it in satisj whic the I cern been high Tl opini ceed mini^ partn will It that acqu disp( even your acci in th cred T on a from wer( requ who any and leir social onsidered •ecent dif- most seri- t have re- anxiety oi' promote ent to its :louse was le first and ly and un- A.ct passed Dsing a tax s of Qiie- ed by them and Irish Tient in the '^e Chancel- t of Chan- of the Pro- five Exem- wenty-nine Sir John i country- England — 's — and the Dllege, with bat class of jserted that tices of the the Court 5 have been of the six- nbodied for itry, ten ol >■ 69 them are commanded by British or Irish gentlemen who have recently come to the Province, selected without reference to politics or religious creed, but purely on account of loyally and ability. Your Committee feel it unnecessary to pursue tliisRrfutationofthe subject further ; and while they are gratified in having STS-LardD." it in their power to offer a complete, and, they trust, satisfactory refutation of opinions and statements, which, if true, would bring discredit and injury upon the Province, they cannot avoid repeating their con- cern that those statements and opinions should have been inconsiderately advanced by a person filling the high station conferred upon the Earl of Durham. The Hii'h Commissioner having thus recorded his „. ^r- opinion of the different parties in the Province, pro- J^*'/'^;;''^^""',^^^^ ceeds to state various matters connected with the ad-uTau!^"^'^' ministration of Sir Francis Head, and the different de- partments of the Government, which your Committee will notice in their order, as brielly as possible. It has happened, unfortunately for Lord Durham,, , vtr^ J ' Inaccuracies of that he employed Agents to procure information, or me'.t^cqu'imr acquired it from Parties, evidently incompetent or in- ^'id'^^t^'eak cor- disposed to speak correctly upon the past politicaT''*^'^ events of this Province ; since to this circumstance your Committee are bound to attribute the many in- accuracies contained in his Lordship's report, which, in themselves, are quite sufficient to cast general dis- credit upon it. Thus, His Lordship affirms that Sir Francis Head, The statement that on assuming the Government of the Cohny, dismissed ulLsii\ Jme kI'. from the Executive Council some of the members who coireci. were most obnoxious to the House of Assembly, and requested three individuals to succeed them. This is wholly incorrect.— Sir Francis Head did not dismiss any of the Council upon assuming the Government, — and of course he did not appoint others to succeed \t- M \l m .,'). !.■'*? 4 I ^, ^' V I.'. them ; — the appointments made by Sir Francis were iij addition to the Councillors he found in office ; and thoy were in fact made in consequence of the repre- sentation of the latter gentlemen that an increase of their members was necessary for the transaction of the public business of the country. The selection of the new Councillors was, very pro- bably, made to conciliate the House of Assembly, but not at the instance of that body or at the suggestion of any one of its nembers. The statement that His Lordshlp ncxt statcs, *' that among the first iiirio'iir t lie first acts „•>->. ^.i • a a. r a1_" -,i,|)os rrsiy no cii- forbearance and mutual concessions which have lately Ip/.;',\';f,',\i'''j'i^^''® marked the proceedings of your Tlonorable House, will result in some measure that will prove acceptable to the great body of their fellow subje(;ls, and put an end to further discussion upon a subject that in\olves the only point of serious dispute among them. With respect to what His Lordship is pleased to^, ^, ,. designate the " policy towards the Catholics." Your ^''^^ cutih.iics." Committee are well convinced, that no portion of the Inhabitants of the Province are more i'ully aware than the Catholics themselves, that no invidious policy has ever been designed or acted upon towards them, . — and ungrateful would such conduct be, if ever at- tempted. No portion of the people of this Province have been more ready to fulfil the duties of faithful 1 jJi' " Orange iiui. 64 subjects, and none are more deserving of the protec- tion and patronage ol' the Crown. As regards the statement respecting the existence of " Orangeism," as your Committee do not feel them- selves at liberty to comment on particular associations in the Province, they will confine themselves to the expression of their conviction, that an universal desire ,»um'!y'Io*''i.vn.' exists amoHgst all classes of the community, to live in ''""*• peace with each other, and that this desire will gradu- ally but certainly put an end to distinctions that may be found to create dissensions, and in their opinion, nothing would be so certain to defeat this great object, as the application of violent or coercive measures, or the indiscreet interference of authority. The distinc- Tiie distinctions .j^^.^g referred to by Lord Durham, were not found to nuticed by Lord i'^'"'^ iviv,i.x/ j -, H;i'cr";,':"heV'r damp the universal loyalty and good feeling of the ally of ihe people. ^^^^\^ ^f t^ig Provincc, durlttg the last eighteen months of peril and invasion ; — all parties laid aside their disagreements, and none more readily and wil- lingly than Catholics and Orangemen, who were found fighting in the same ranks, side by side, in defence of their laws, their liberties, and their Sovereign.— Such men, actuated by such principles, cannot be estranged from each other; they must and will be friends as well as neighbours. , . ^ . Lord Durham in his remarks on the physical condi- Lord DiirhHm con" a^ •' comlit.on^.l c!i.L*d^^ ^^^"^ ^^ ^^ Province, has considered it necessary to sut'L!''^ ^""^''^ contrast the improvements that are going on in Canada, with those in progress in the neighbouring States, and to draw a comparison very disadvantageous to this Pro- vince. Your Committee would extend this Report to an unreasonable and unprofitable length, were they to en- ter into the discussion of the various statements and opinions of His Lordship. They will therefore con- tent themselves with remarking that if it were admit- milted, that the contrast is correctly drawn by His 65 le protec- existence feel them- sociations ves to the sal desire , to live in will gradu- that may r opinion, eat object, easures, or he distinc- )t found to iling of the t eighteen i laid aside ily and wil- were found in defence overeign. — cannot be 11 be friends sical condi- ecessary to I in Canada, States, and to this Pro- Eleport to an they to en- ements and refore con- i\'ere admit- iwn by His Lordship, it ought not to surprise any one who would take ^he trouble to recollect the true cause to which it should be attributed. The improvements referred to in the adjacent States, have for their sup- port the wealth of a country containing a population of FIFTEEN MILLIONS OF SOULS-Upper Canada, unsustained by any other than its own resources — cut olF from a Sea-port by the unwise legislation of the Mother Country, — unable, from the same cause, to increase its revenues by duties on imports, and containing a population of less than half a millioii, might well rest satisfied that no j'lst reproach could be cast upon it, if its inhabitants h (d ^abstained from all attempts at great and expensive works, and had confined themselves to the ortiinary pursuits of Agriculture and Commerce. But the fact is otherwise ; and notwithstanding the inference to be drawn from the High Commissioner's Report, — Upper Canada has undertaken, and gone far towards accom- plishing works that would do credit to any Nation, and which, if they are not found superior in magnitude and usefulness, will bear an advantageous compari- son with any in the neighbouring country. That they have not been rendered more complete and extensive, is not to be attributed to want of etUerprisc * of patriotism on the part of the people of Upper Canada, but to the mistaken policy already adverted lo, which has left them without the means of developing the great natural resources of the country, and which can alone be remedied by the Imperial Parliament. But your Committee believe that the happiness and pros- perity of a country does not altogether depend in for- cing, after the manner of hot-bed vegetation, Public Works, or what are termed. Public Improvements. — These are of course useful in their way,— but unless accompanied by obedience to, and a just and impar- The iiripioremfiif* in lliv Stut«:ii «ii|t- porli'il Ity the wealth (illlie whole cnuutry. Thodc or U. v. tii|)|M)rtc(l only hy itM own r«k<>urc<;«, and uiiiilile to iu* crva«e Ibi-oi: iiii(Ji'rt.ikcn workv that would lie u cri'ditt lany uutiou. That these work* are not cniiiplftrtl is not tliti fault ol U. C. The happiness and pr(is|)eniy o( a country wrt not as- sured by ii* public impri'VPineiits un- less accrnipiinied by obedi' nceto.iind a just aduiiniNlri- tion of, the laws. i I! GG tial administration of the laws, insuring protection of lite and property, and social happiness and content- inthcscu. c. mny^^"^~^^^^y aro ol" Small valuc. In these important Sify*'ove?the''ij' respects, thc Inhabitants of Upper Canada may, with ^' justifiable exuhation, claim superiority over their re- publican neighbours: — But the Earl of Durham has discerned anyVu^ils not thought It neccssary to advert to considerations of Tuvcd p;;opie. ' "* that Ivlud ; he does not seem to have had eyes to see, or ears to hear any of the faults or defects of those, by him, commended and admired people, [t is possible, however, that it may detract something from the esti- mation in which they are held by him, when he pe« ruses a Report of a Select Committee of the Senate of Opinion respectina; Erie Canal &c. ex- the Statc of Ncw York, reccntlv promukated, which S'ncw' v'ovk!''''''''' denounces the Erie Canal and other great " Improve- ments" so much lauded by His' Lordship, as infamous jobs ; that they were completed by foreign (British) capital ; and, recommending that the debts contracted for their completion should be considered as having been fniudulcnlljj inciirrcdj and that they should never be paid. This recommendation, sutTiciently republican The ahnve opinioo . . . i • ^ • i x i issufficieidproot m US uaturc, may convmce others, ii it does not Lord that Ihc Puhiic ' -^ - iinprovements" jQupijani, that It is possible that the exhibition of the in the S)tates do not ' 1 bLtoTei^V'them. PuhHc " Improvcments" in the United States, may not have been altogether so wise or so deserving of the unqualified praise that has been bestowed upon them — and that certainly it would have been more becoming, not to have undertaken them if the public (chiefly British) creditor is to be refused re-payment of the money advanced for their construction. His LordBhin's re- '^^^^ IWgh. Commlssioner appears to have given no very great attention to the condition of trade in Upper Canada, — He, however, slightly adverts to the want of a Port of entry from the Sea; and as a measure that would remove some of the embarrassments expe- rienced from this cause, and from the disadvantaajos marks on cMidiiiun of Trade iu U. C arisir for a sugg( their York per ( rema Ship- bly r; wholi His ] patri( in his ra, 1 passn *'( " is t " Ro " Co " the I. null " bo " wi " ate " wj i. CO " oui "lar " in "m '*o\l " in 61 )tection of 1 content- important mav, with r their re- Lirham has erations of .'es to see, ' those, by s possible, m the esti- en he pe* I Senate of ed, which '* Improve- is infamous I (British) contracted as having hould never republican 5S not Lord ition of the itates, may leserving of owed upon been more the public re-payment )n. ve given no e in Upper the want of a measure nents expe- >ad vantages arising from the Saint Lawrence beiiig closed by trost for a considerable portion of the year, [lis Lordship suggests that Merchants should be permitted to ship their goods from England, and land them at New York in bond, and from thence to bring them into Up- per Canada, free of duly. Your Committee will not remark at any length, upon the objections which the Ship-owners and Merchants of EoLi md would proba- bly raise to a measure of this desci-i;,:ion, but they are wholly unable to reconcile this sug^;- stion or advice of His Lordship, with the recommendations wisely and patriotically urged upon Her Majesty's Governm.ent, in his letter addressed to Lord Glenelg, dated Niaga- ra, 16th July, 1838, and which contains the following passages : — " Opposite to Fort Erie, immediately on the Lake, ^,^''*=''^*^'■••T '•"**" * ^ •' ' of Lord Durham, to " is the Town of Buffalo, the head quarters of the f;7'j!,.^;;;;;;'•-;g^i='* " Robbery and Pirates who have so long infested this ■'"'^'' '^^^* " Country. Its extent and appearance are surprising; " the size and respectability of the buildings, and the *' number of masts which I could discern in the har- " hour, prove the value of the Commerce, and the " wisdom of the arrangements which have thus cre- " ated, in about ten years, a City in the midst of the " wilderness." •* This prosperity is ov/ing to the Erie Canal, which commences at Buffalo, and thus makes it the depot of all the trade of the West, flowing to New York. " All these advantages might be ours, by the judici- ous application of not a large expenditure. The Wel- " land Canal, which commences at the Grand River " in Lake Erie, and strikes the Lake Ontario, a few " miles West of Fort George, has great advantages '* over the Erie Canal ; it is open three weeks earlier " in the Spring, and connects the two Lakes by a short " passage.*' 111 ^ u <; u (( ' (l ;si Extracts, &c. : i1 U¥ 68 " If this Canal was completed, and the Saint Law- '* rence Canal, the Water Communication by the *< Lakes, the Rideau Canal and the Saint Lawrence, " to the Sea, by Montreal and Quebec, would be com- " plete, and all that immense trade which now flows " from the West by Buffalo, and Lockport, and the " Grand Canals to New York, would pass through our " Provinces, and enrich all the Towns and Districts " through which it was carried." '* This is not a speculation of mine,but it is an admit- ** ted fact by the Americans themselves ; the know- " ledge of which leads the Merchants of Buffalo to " encourage these border inioads which disturb the ** peace of our Provinces, and prevent our attention *• being directed to objects which involve their com- " plete ruin." " 1 enclose Your Lordship an Americ? i paper, *' published at Oswego, in which you will find all these *' important considerations to which I have briefly ad- *' verted, treated at length. I quote it for the value " and correctness of its Commercial anticipations, set- " ting aside, all reference to the Military speculations " which it cont£.ins." *' 1 feel so strongly the importance of this subject, " both as a means of restoring tranquillity to the Cana- " das, and of blessing the North American Provinces, with a degree of prosperity which has never yet been afforded them, that I feel it my duty to press it " on the irmediate attention of Her Majesty's Go- " vernment." ** I would ask of them a grant of money to be issued " on the same principles and securities, as those which «• regulate the assistance given to Harbours, Rail-roads, " Canals, and other Public Works in England. The " interest of the money advanced could be satisfactori- " ly ensured, and I feel certain that the value of th« (( a " toll " wo *'not ** wo " tur " see **by " OU] « at '* OUl *' Ar " tra " 0C( ** sui " CO « " tio " ou *' m^ "I " dd "P "it \ this wit crib to I of the on am Lo ha' m Cd 1:t| 1 lint Law- by the * P»tch gave (jreat this despatch, it wbs received throughout the rrovmce satisfaction in the tr ^ " Province, at the with the highest possible satisfaction. He truly des-t'^e it was written. cribed it as a measure above all others best calculated to remove dissensions and to establish the prosperity of the Country. It would be impossible to over-rate the grateful feelings which such an act of munificence on the part of the British Government would excite among all classes -.—but it is most singular that His Lordship should, when drawing up his final report, have overlooked the fact, that if his scheme of import- ing goods free of duty by the way of New York were 1] Bit !i t** I ill ■ iiribility |(> coniiilitc Public JiU|>roveiriculs. 70 Our cnnaN wouM aJoi)leLl, ouf migiiificent canals would be rendered al- l;rH"e'*'a^'iV'i''''ofmost,ir HOt entirely, useless, and the whole advantage Icblc ."''''"'" " arising iVom the transportation of our imports would be tra')sferred to the boats and Canals of the State of New York. Your Committee need not say how unequivocally they deprecate this unwise and destructive recommen- dation — nor do they for a moment believe that it will receive countenance in any quarter. „. , , . . , In referring; to the ereat works undertaken by this "■'"'"'• ly'lr''^. Province, Lord Durham has truly ascribed the ina- bility of the Province to complete them, to the im- pediments arising from the political conditiop of Lower Canada, and its unwillingness to contribute its aid in works in which they are equally intere ued : but your Committee regret that this statement should have been accompanied by most unmerited and unge- nerous insinuations against the GenUemen who have gratuitously, and at great personal inconvenience, acted as Commissioners in superintending the outlay of the Those pacsnsrcs in pubHc moncy. There is something so offensive and the Kcporf resiuict- r • • i n \ t% ing the commis- unbecomuii; m these passasjes ol the Report as to in- sii)nersfoi(uir Pub i C7 i lie Works, exceed- ducc thc Committoe, from that and other internal evi- lugly ononsive. dence, to believe that that portion of it which relates to Upper Canada was not written by and never re- ceived the careful revision of His Lordship. Your Committee will now direct the attention of Your Honorable House to such parts of the High Com- missioner's Report, as more particularly relate to the Executive department of the Government, and to the The opinfons rx« Lcgislaturc. Li Submitting to the consideration of Your ?j.ectiM,VhrEx-'^' Honorable House the observations they have to offer ccutivc and ihi' Le- Risiatuie, ,nn,stun-on tuis part ot the subiect, it is with pain thev nave just and injurious. i i i tt- to declare, that His Lordship appears to have adopted opinions of the most unjust and injurious description, upon information the most inaccurate,and without think- ■ i-< dered al- dvantage vould be State of uivocally commen- lat it will n by this the ina- the im- ditiop of jontribute tere ued : ;nt should md unge- tvho have nee, acted lay of the nsive and as to in- ernal evi- relates to never re- tention of [igh Com- Lte to the md to the n of Your to offer they have 5 adopted scription, out thin k- 71 ing it necessary to seek the truth in those quartcr-s where he was most certain to obtain it. It is somewhat singular, that Lord Durham should have overlooked or disregarded the many obvious ob- Ilia Lordship has ovirliiokeil ihe ob- vious iciisons jections tnat existed to his makmg relercnce m the rtn-ices.. pubiiciy ... , , . , , . to I lie course pur- public manner he has done, or mdeed m any other s"<"si'><^ ^"j^'"'^"- vernment of this Province, in the administration of jus- tice in relation to the Traitors and Brigands, whom it be- came a necessary but painful duty to prosecute. That the course pursued in Upper Canada did not harmonize with the policy of his Lordship, is not to be denied ; but what was done here, was done in accordance witli the known and established laws of the Province: trial by jury was not dispeiised with, and no ex post facto enactments were passed to create unknown penalties against unconvicted offenders ;— and no punishments were awarded that were not within the le2;al authoritv of the Crown. Although punishments more severe ,t T ^ T\ 1 111 1 • !• ' Conipnrisoii be* than Lord Durham had the power or the mchnation to iw.^ v^Mwiwv*, o J J , , . T 1 1 • • would be personal- ble for its publication ; but although his Lordsaip is not ly lubie therefor. responsible for his official acts, as Her Majesty's High Commissioner, to the Provincial Government and the peoDle his observations so deeply and injuriously af- fect, yet a moral obligation rests upon him, as an ho- norable man, to declare to the world upon what HI 1(1 I ife. 'T ' Notice of Ilia Lordship ou admin* iNtralion of Justice in tberie Provincef. Hi« Lodihip'fl in* giniiatinns on od' Diiiiiitratinn of Jualice repudiated. That part of the Repert referred to which endeavours to disparage the House ofAsseoibly. No facts addacRd io support of tklle* gntions. 76 Referrinj? to the Administration of Justice in this Province, Lord Durham remarks that, " it is true, it appears much better in Upper than in Lower Canada, Courts of Justice, at least, are brought into every man's neighbourhood, by a system of Circuits, and there is still some integrity in Juries.'' Why His Lordship should have permitted this paragraph to ap- pear in his Report, is aUogether incomprehensible — your Committee do not believe that any man who had a regard for truth, was to be found in the Province, so reck- less as to attempt to throw discredit on the integrity of the learned Judges of Her Majesty's Courts in Upper Canada ; and the equivocal terms used in referring to the Juries, are as offensive as they are unjust. Those who are concerned in the administration of Justice, desire no praise for doing their duty honestly and con- scientiously, and your Committee believe your Hon- ourable House might safely defy the High Commis- sioner to point out any portion of Her Majesty's Do- minions, where these duties are performed with great- er uprightness, than in this distant Colony of the Em- pire. Your Committee will next advert as briefly as pos- sible, to that part of Lord Durham's Report, in which he endeavours to disparage, and bring discredit upon your Honourable House, and directly to impeach the integ- rity of those loyal and independent men, by whom the majority of the Assembly were chosen. — His Lord- ship states, that " the circumstances under which they " they were elected, were such as to render them pe- *' culiarly objects of suspicion and reproach, to a num- " ber of their countrymen." As in the instance of the charges insinuated in that part of the High Commissioner's Report which relates to the insurrection, His Lordship adduces no fact in support of allegations, which your Committee arc 4( « the refe den Hoi 77 3 in this is true, it r Canada, nto every ;uits, and Why His iph to ap- lensible — who had a e, so reck- ntegrity of in Upper eferring to St. Those of Justice, y and con- your Hon- h Commis- jesty's Do- with great- of the Em- ?fly as pos- in which he tupon your 1 the integ- r whom the -His Lord- which they ?r them pe- , to a num- ated in that bich relates s no fact in imittee arc bound to declare have been unjustly made ; — while on the other hand, evidence which did not depend upon the mere assertion of your Honourable House, but which was established and confirmed by documents and facts that defied contradiction, were within His Lordship's reach, and would have prevented him, had he been disposed to consult them, from making the unfounded charges which he has rather chosen to give currency to, that: " in a number of instances, the Elec- tiic Eiertiom de- ,- .• • 1 I »i 1 • ,> dared by His Lori*' " tions were earned by the unscrupulous exercise oi ohip to have been " the influence of the Government, and by a display e'xcrcue or Govern- ment influence. " of violence on the part of the Tories, who were em- " boldened by the countenance aflforded to them by ** the authorities" — and that " the Tories succeed- '* ed in carrying more than one seat by means of the •* violence of the organized mob, (referring to Orange- " men,) placed at their disposal." It will not be ex- pected that your Committee should go over the evi- dence which has already been laid before the people of this Province and the Bridsh nation, repudiating these statements: — there is no necessity for doing so as regards the electors of Upper Canada, and Her Majesty will receive every necessary information from the Report adopted by your Honorable House, at its first Session, on the Petition of Charles Duncomhe^ ad- dressed to the House of Commons.— It would seem, J^^ppj"^*"^ '/^^^.^^^ indeed, from a perusal of His Lordship's Report, thatj,"„^,«thr.ite' he had received and adopted, as true, the statements uartorSSncombe. made by this, now, fugitive traitor, wholly disregarding the ample refutation they received in the Report referred to. — With respect to the degree of confi- dence that may be reposed in your Honourable House by your constituents, it becomes not your Committee to speak—but they feel a great satisfac- tion in knowing, that in whatever light their conduct may be viewed by those to whom they are responsi- 78 1^ - in The Hvpar«'nt injus- tice * Report, hail not beiiti uvcrluok* cd. Comtnittco close their reiniirI the Hcjiort of Lord DtirbuQi. ble, and before whom they must soon and are readj| to appear, they have endeavoured faithfully to do their duly to their Sovereign and their Country, and they are well satisfied that the great bulk of the Inhabitants of Upper Canada, of all parties and creeds, will be ready and willing to shield them from unmerited ca- lumny and reproach. Your Committee have not overlooked the apparent injustice done, in permitting the statements made by the High Commissioner, so injurious to your Honora- ble House, to be made public, when their refutation was in the hands of Her Majesty's Ministers, but your Committee feel it right to explain that the whole Re- port of [lis Lordship appears to have obtained curren- cy in a most irregular manner, and without the concur- rence or sanction of the Government. Your Committee will here close their remarks on the various allegations in the Report of the High Commissioner, that appeared to them to require particular animadversion. If in the course of their remarks, they have been betrayed into too strong an expression of reproach or indignant refutation, they trust that it will not be ascribed to a wanton indifFer- ence to that courtesy and respectful deference that should mark the proceedings of a public body to- w\irds those of high rank and station ; and on the other haisd they trust that they will not be denied the credit of having forborne to apply animadver- sions of far greater severity than they have used, to many parts of a Report, which they can truly affirm, and which they believe they have clearly proved to be most unjust and unfounded, and which are calcu- lated to have a most mischievous influence on the future destinies of these Colonies. Lorl Durham professes to submit to Her Majesty and the British Nation, a true and faithful account i are ready ' to do iheir ', and they Inhabitants ?ds, will be merited ca- he apparent ts made by )ur Ilonora- r refutation rs, but your whole Re- ned curren- the concur- cinarks on f the High to require rse of their )o strong an tation, they ton indifler- erence that lie body to- md on the t be denied animadver- ve used, to truly affirm, y proved to h arecalcu- ?nce on the I cr Majesty ful account 79 of the state and condition of tijis, as well as of the Ant.joiMorh. .r. other British North American Provinceb, and there Kwil^^^^^^^^^ is no doubt that it will bo promulifatcd tlirou^h()ul iheKcpoVt'\u«i". the country, by those who are j^ralilied at linding their political princi[)!eH and llieorios advocated i\iu\ sus- tained by His Lordshij), that tlu^c is iiolhing in his Report that admits of contradiction, and that what- ever discredit may be attempted to be cast upon it, must proceed from disappointmeut or vindictive feelings. \n refutation (>ftius attempt to pervert the truth, if it should be made, your Commttee invite the attention of the Independent Yeomanry and iianiy Husbandmen of Upper Canada to the lollowing para- graph. Having first describe.' the surpassing pros- perity of the United ^Slates for the purpose ol con- trasting it with the poverty and inicriority of these Colonies, His Lordship proceeds to state ; " On tiie Lmd Dnrharr'. " side of Loth the Canadas^ and also of "Sew Ikuns- u" ti.e'Bnilsh Pro' . , I ivT n • '11 1 1 i"rovince», and " Wick and JNova focotia, a widely scattered popula- ii.<-i. Am«rican ** tion — poor and apparcntty tmcnlerprisuic^ — ihongii " hardy and industrious, separated from each other *' by tracts of intervening Forests, vviiiiout Towns " and Markets, almost without Roads, licinp; in mean " houses, drawing Utile more than a rude subsistence "from ill cullicated land, and scemingl'j incapable of " improvini^ their condiiioni present the most instruc- *• tive contrast to their enierprisii-g and thriving " neiorh hours on the American side." Let the Farmers of ail political parlies residing ^pp^^,,t^ ,,,g f„. in the Districts fronting on the St. Lawrence, tlie J',;',''^[.'L^;j'fere, ,, , . , i • /• I I 11 1*^1 f'li (lie timh (i< Ui« owners of the extensive, beautiiul, and vvcJl cultivated ttbovecontrait. lands on the Bay of Quinte — in the District of New- Castle — the Home, Gore, Niagara, London, and Western Districts, read this degrading account of them, and ask themselves whether they would feel perfectly safe in submitting their future political fate. Motives of Hiffh Commissioner in the above statfi- ments, not euitily understood. \h 80 arul that of their c.Iiiidren, to the dogmas of a man who iias so frro8s\y misstated their ctiuracter undl condition. If Lord Durham after travelling up nodi down iho River St. Lavvrcrjcc, and along the Ki.^ ^raJ Froiilior, seeing, as he must liave seen, even wu>iin| this limited field of observation, farms of unsurpass. cd beauty and fertility, occupied and excellentlyl worked byYeomanry, who enjoyed every comfort, andl whose wealth and independence placed within theirl reach, almost every luxury that could be desired by| man, could deliberately pen or promulgate, a para- graph such as has been just quoted from his Report, surely the people of the country may well hesitate,! bcibre they place implicit confidence in any state-f merit or opinion that he may advance on any other| subject. Nor is it easy to understand what could have been the motives which induced the High Commissioner, to give this character to the rural population of tho country. Its inaccuracy could not have proceeded from ignorance or want of information ; neither could His Lordship be insensible to the injury it was calculated to bring on this country, by diverting emi gration to other shores : — perhaps to the highly and] extravagantly admired shores of the neighbourin Republic ! Your Committee, unwilling to entertain this opinion, will pursue the enquiry no further. ' m Having thus adverted to those portions of the High Commissioner's Report which appeared to Your Conmiittee most obviously to require explanation and remark — they will bring the duty assigned to them by your Honorable House to a close, by briefly stat- ing the plan recommended by His Lordship to be adopted, for the future Government of these Pro-| vinces. hk<^ 81 rthe luturt! (•iivi>ru- jCIIIS- merit of th«at l*r«' riac«i. It is tliis.-That ilic Provinces of Upper and n.,, pro, r.. Lower Cnnnda be forthwith united under luture, and thiit the act of the Imperial Parliament' irtcndcd to cfTect this object shoidd contain provi- |Bions by which any or all the other North American Colonies may, on the application of their Legisla- tiires,be with the consent of the two Canadas, admit- ted into the Union. Representation to be settled according to numbers of the population. The existing endowments of the Catholic Church ill liower Canada to be guaranteed. Provision by law for the Protestant Church to be taken away, by a repeal of the clauses of the Con- jslitutional Act which relate to the Clergy Reserves, All the Revenues of the Provinces, except those larising from lands, to be at the disposal of the Le- gislature, upon condition of providing an adequate Icivii list. The Revenues and disposal of the Crown Lands Ito be confided to the Imperial Authority. The independence of the Judges to be secured [by giving them the same tenure of Office, and securi- |ty of income as exists in England. In the practice of the Government His Lordship [advises that no money votes should be allowed with- cut the previous consent of the Crown : and that responsibility to the united Legislature of all officers pi the Government, except the Governor and his Se- Icretary, should be secured by every means known |to ths Constitution. The Governor, as Representative of the Crown, Ito be instructed, that he must carry on his Govern- Iment by Heads of Departments, in whom the United [Legislature shall repose confidence ; and that he must look for no support from horns in any contest 11 M . -■' 's. 82 with the Legislature, except on points involving strlct- \y Imperial interests, nis Lordship ro- And thcsc several changes, Mis Lordship recom- c^ninieiids llicsc *~^ j • i c»un-os tobiiuadejj^fjijjjj gljould bo forthvvitli made, and without any willn'Ut rt'feniii!:; If) the I'roviuccd !"«• ppovious commuiiica lion with this or the other Pro- VlOUklj. I vince. n it were properly within the instruction of your Committee to discuss the several propositions of His Lordship for the future Government of Her Majes- ty's subjects in Canada, they would feel themselves The two main [w a great degrco relieved from doing so. The two Hiieaiydiscu sid pouits of most importauce, viz: J he Legislative in the Le^jislatiire. ' n , r-, • ii -i-i- />i Union of ihe I roviuces, and the responsibility ot the OiTiccrs of Government to the Legislature, have al- ready undergone the most earcful investigation, and received the deliberate judgment of Your Honorable House. The first has, under certain specified conditions, been assented to — like second has been proiiounccd incjnsistent with the dependence of these Provinces, as Colonics, upon the Mother Country. If", in disregard of your recorded opinions, these two measures should be proposed to, and receive the concurrence of Her Majesty and the Imperial Par- liament, it would be of little consequence to attempt to resist, or even to discuss the other suggestions, which, w hethcr they be objectionable or not, are com- paratively of minor importance. Your Committee, however, are not willing to be- lieve, that the great Nation to which these Provinces belong, and which has hitherto extended to them ii' powerful— its parental protection, will hastily, and without the most full and ample information, adopt the opinions and act upon the recommendations of any individual, however high his rank, or great h'n talents, that involve the future destinies of Her Wa- jefcly's faithful subjects in these Provinces. rommittee have c:>iilulcnce, ihut Kiii^la-id will not ha^lily adopt the opinions (it Liii'd I^ui'hutn. Y, that syste butt lurei far a Yc draft to re lloui Al Com:\ the Iving strict- >hip recom- >\'ithout an^ other Pro- ion of voiir lions of His Her Majes- lliemselves The two Legislative bility of the 'e, have al- gation, and : Honorable n specified nd has been mcAi of these er Country, s, these two receive the aperial Par- e to attempt suggestions, lot, are com- k'illing to be- se Provinces I to them iif hastily, and ation, adopt sndations of or great hi« of Her Ma- 33. 83 Your Committee, however, are well convinced, that some great change is about to take place in the system of Government in Upper and Lower Canada, but they do not believe that it will involve any depar- ture from the principles ofthe British Constitution, so far as they can be made applicable to a Colony. Your Committee submit with their report, the draft of an address to Her Majesty, which ihey bea to recommend to the adoption of your Honorable House. All which is respectfully subraitted. C. A. HAGERMAN, JOHN FRLXCE, HENRY SHERWOOD, JOHN A, H. POWELL, W. B. ROBLXSOiV, W. CHISHOLIVr, R. ROLLO HUNTER. Commons' House of Asskmbly, } the 30 Ih day of April, 1839. \ Address Rlajesty nteuii>.'