“Entered according to Act of the Provincial
Legislature,
for the Protection of Copy-rights, in the year one thousand
eight hundred and fifty-six, by P.
Sinclair
, Quebec, in
the Office of the Registrar of the Province of
Canada.”

THE RISE

OF

CANADA,

FROM

BARBARISM

TO

WEALTH AND CIVILISATION.

BY

CHARLES ROGER,

QUEBEC.

Una manus calamum teneat, manus altera ferrum,

Sic sis nominibus dignus utrinque tuis.

VOLUME I.

QUEBEC: PETER SINCLAIR.

Montreal, H. Ramsay and B. Dawson; Toronto, A. H. Armour
& Co.; London,
C. W., Andrews & Coombe; Port Hope, James Ainsley; New
York,
H. Long & Brothers, D. Appleton & Co., J. C. Francis;
Boston, Little & Brown; Philadelphia, Lindsay &
Blakiston; London, Trubner & Co.

1856.

ST. MICHEL & DARVEAU, JOB PRINTERS,
No. 3, Mountain Street.

TO

JOSEPH MORRIN, ESQUIRE, M. D.,

MAYOR OF QUEBEC,

This Volume

IS DEDICATED, AS THE ONLY MONUMENT, WHICH CAN BE
RAISED
TO ACKNOWLEDGED WORTH,

BY HIS OBLIGED AND FAITHFUL

FRIEND AND SERVANT,

THE AUTHOR.

Quebec, December, 1855.


INDEX.

 PAGE.
CHAPTER I.
  
Canada Discovered4
Cartier’s Arrival in the St. Lawrence5
Commencement of the Fur Trade6
Quebec Founded7
Exploration of the Ottawa8
The Cold—Lake Huron9
Sixty White Inhabitants10
The First Franco-Canadian11
The Colonists Dissatisfied12
The Hundred Associates13
Quebec Surrendered to the English14
The Restoration—Death of Champlain15
The Massacre at Sillery16
The Effect of Rum upon the Iroquois17
Arrival of Troops—A Moon-Light
Flitting
18
Swearing and Blasphemy—The Earthquake19
The Physical Features of the Country20
The First Governor and Council21
First Settlement of old Soldiers22
The Canada Company23
Kingston Founded24
The Small Pox—De Frontenac—Sale of
Spirits
25
Marquette—Jollyet—The Sieur La
Salle
26
The First Vessel Built in Canada27
Voyage of the Cataraqui—Tempest on Lake
Erie
28
Mouths of the Mississippi—Murder of La
Salle
29
Indian Difficulties—Fort Niagara30
Deception and its Results31
Massacre of Schenectady32
Education—Witchcraft33
Port Royal reduced by Phipps34
De Frontenac’s Penobscot Expedition35
Trade—War—Population36
New England Expedition to Canada37
Gen. Nicholson—Peace of Utrecht38
Social Condition and Progress39
Louisbourg—Shirley’s Expedition40
Siege of Louisbourg41
Surrender of Louisbourg42
A French Fleet Intercepted43
The New Englanders’ Convention44
Surprise and Defeat of Braddock45
Avariciousness of Bigot46
Capture of Oswego by Montcalm47
Incompetent Generals—Change of
Ministry
48
Abercrombie’s attack on Ticonderoga49
Surrender of Fort Frontenac50
Wolfe’s Invasion51
The Repulse at Montmorenci52
The Battle of Quebec53
Death of Wolfe54
Death of Montcalm55
Canada ceded to England56
Canada and New England57
Quebec Act—Taxation without
Representation
58
  
CHAPTER II.
  
Representation in the Imperial Parliament59
Montgomery’s Invasion60
Arnold—Montgomery—Allen61
The American Siege—Death of Montgomery62
Independence Refused by the Catholic Clergy63
The American Siege Raised64
Independence—Defeat of Baum65
The Surrender of Burgoyne66
Western Canada divided into Districts67
Divisions of the Province of Quebec68
Lord Dorchester69
Governor-General Prescott70
Governor Milnes71
The Royal Institution Founded72
Cultivation of Hemp—Land Jobbing73
The Lachine Canal—The Gaols Act74
Trinity Houses Established—An
Antagonism
75
Mr. Dunn, Administrator76
Upper Canada—The Separation Act77
Debate on the Separation Act78
Mr. Fox’s Speech79
Mr. Chancellor Pitt’s Speech81
Mr. Burke’s Speech82
Governor Simcoe and his Parliament83
Parliamentary Proceedings84
Simcoe’s Character85
London Founded—Simcoe’s Prejudices86
Selection of a Seat of Government87
Simcoe and the Hon. John Young88
The Newark Spectator89
First Parliament of Upper Canada90
The Hon. Peter Russell91
General Hunter, Governor92
Hunter—New Ports of Entry93
Collectors of Customs appointed94
Parliamentary Business95
Grant and Gore96
Lower Canada—Importance of Parliament97
Parliament Libelled98
The Honorable Herman Ryland99
Mr. Ryland’s hatred of Papacy100
Romanism seriously threatened101
No Roman Catholic Bishop of Quebec102
Mr. Plessis and Mr. Att’y.
Gen’l.—Explanation
103
A New Bishop Made—Ryland Angry104
Churches and Education105
Lord Bishop Strachan106
The Church of England107
The Dissenters and Episcopacy108
Gift of £20,000 to the King—Spencer
Wood, &c.
109
Garrison Pipeclay—the Habitants110
A Provincial Agent in London111
A Speck of War112
The Chesapeake Difficulty Settled113
Feeling in the United States114
War Preparations in Canada115
Upper Canada—The Parliament116
Governor General Sir James Craig117
Ryland’s Love for the New Governor118
Services of Sir James Craig119
Meeting of Parliament120
The Judges in Parliament121
Expulsion of Mr. Hart122
Prorogation of Parliament123
Mr. Parent and “The Canadien”124
Dismissals from the Militia125
Mr. Panet re-elected Speaker126
The War—The Judges—Mr. Hart127
Parliament Angrily Dissolved128
French Hatred of the British Officials129
Craig’s Opinion of the French Canadians130
Composition of the Assembly131
Vilification of the “Gens en Place”132
The Martello Towers133
The First Steamboat on the St. Lawrence134
Death of Washington135
No Liberty of Discussion in the United
States
136
President Burr’s Conspiracy137
Madison—Erskine—and Jackson138
Washington Diplomacy—A new Parliament139
The Speech from the Throne140
The Address in Reply141
The Civil List142
Civil List Resolutions143
The Resolutions Premature144
Mr. Justice De Bonne145
An Antagonism—Parliament Dissolved146
Rumors of Rebellion147
Seizure of the “Canadien”148
Sir James’ upon Obnoxious Writings149
A Proclamation150
A Warning151
Misgovernment of the Country152
An Apology for Misgovernment153
The Red-Tapist and the Colonist154
Arrogance of the Officials155
The Craig Road completed156
Meeting of a New Parliament157
Mr. Bedard, M.P., in prison158
Why Mr. Bedard was not liberated159
Disqualification of the Judges160
Departure of Sir James Craig161
Mr. Peel on Canadian Affairs162
Mr. Peel—Sir Vicary Gibbs163
Legislation in Upper Canada164
Brocke—Prevost—The “Little Belt”165
  
CHAPTER
III.
  
Sir George Prevost166
Opening of Parliament167
Embodiment of the Militia168
Declaration of War by the United States169
The Henry Plot170
Henry’s Treachery171
The American Minority’s Fears172
United States unprepared for War173
The Feeling in Canada174
Army Bills—Prorogation of Parliament175
The Ste. Claire Riot176
The Commencement of Hostilities177
Surrender of Michillimackinac178
General
Hull.—Proclamation—Amherstburgh
179
Offensive operations by the British180
The Battle of Maguago181
Bombardment of Detroit182
Surrender of General Hull183
Hull in Montreal—His Excuse184
Surrender of H.M.S. “Guerrière”—The
Fight
185
The “Guerrière” a wreck186
Abandonment of the “Guerrière”187
The Northern States clamorous for peace188
The Battle of Queenston—Death of
Brocke
189
The Victory—The Burial of Brocke190
The “President” and “Belvidera”191
The “Frolic” and the “Wasp”192
The “Macedonian” and “United States”193
The Lords of the Admiralty194
The “Constitution” and the “Java”195
Capture of the “Java”—Spirit of “The
Times”
196
Generals Sheaffe and Smyth197
The Fleets on the Lakes198
De Salaberry—Lacolle199
Dearborn’s Retreat200
Smyth’s Attempt at Erie201
Meeting of the Lower Canadian Parliament202
The Prevalent Feeling—Mr. Jas. Stuart203
Proceedings of Parliament204
Mr. Ryland on the Press205
The “Mercury” upon Mr. Stuart206
Opening of the next Campaign207
Battle at the River Raisin208
Great Exertions on both sides209
Imperial Misapprehension of Canadian
Resources
210
Assault at Ogdensburgh211
Capture of Toronto212
Fort George Blown up213
The Americans Surprised214
Black Rock—Sacketts Harbour215
The Affair of Sacketts Harbour216
Indecision of Sir George Prevost217
Unsuccessful Assault upon Sandusky218
Stupidity of the English Military
Departments
219
Capture of two War Vessels at Isle Aux Noix220
Plattsburgh Captured221
Wisdom thrust upon the Admiralty222
The “Shannon” and “Chesapeake”223
The Fight—The Triumph224
“Argus” & “Pelican”—”Boxer” &
“Enterprise”
225
Travelling—The Thousand Islands226
Goose Creek—The Attack227
York—Capture of the “Julia” &
“Growler”
228
Engagement on Lake Ontario—The Mishap229
Barclay and Perry230
The Battle—The Americans victorious231
Proctor’s Retreat-Kentucky Mounted Rifles232
Death of Tecumseh—Flight of Proctor233
General Proctor reprimanded and suspended234
The intended attack upon Montreal235
De Salaberry and his Voltigeurs236
The Battle of Chateauguay237
Excellent effect of music238
The Canadians Victorious239
Wilkinson’s Descent of the Rapids240
Chrystler’s Farm241
The Attack on Montreal abandoned242
Gen. Drummond—Upper Canada243
Assault and Capture of fort Niagara244
Nocturnal Attack on Black Rock245
The Retreat of the Americans246
Termination of the Campaign247
Prosperity of Canada during the War248
Parliament—Upper Canada249
The Parliament of Lower Canada250
The Speech and The Reply251
Proposed Income Tax252
Mr. Ryland and the Provincial Secretary253
Mr. James Stuart and Chief Justice Sewell254
The Rules of Practice255
Resolutions aimed at Jonathan Sewell256
The Impeachment257
An Unpleasant Position258
Chief Justices Sewell and Monk259
London Agents of the Province260
The Prorogation—Russian Mediation261
Capture of the “Essex”262
“Frolic” & “Orpheus”—”Epervier” &
“Peacock”
263
The “Reindeer” and “Wasp”264
Prisoners—8th Regt.—Indians265
The Attack upon Lacolle266
The Killed and Wounded—Plunder267
Recaptures of Plunder at Madrid268
Capture of Oswego269
The Sandy Creek Business270
Riall’s Defeat271
The Battle of Chippewa272
The Battle continued273
Siege of Fort Erie274
The Assault275
A British Fleet on the American Coast276
Admiral Cockburn & General Ross277
The Legislative Capital of the U.S. captured278
The Destruction of the Libraries279
Capitulation of Alexandria280
Death of General Ross281
The Attack on Baltimore282
Prairie Du Chien and Ste. Marie283
Moose Island taken possession of284
The Penobscot Expedition285
Invasion of the United States286
The British Fleet defeated in Lake Champlain287
The Fight & the Surrender288
The Retreat—Sir George Prevost289
Character of Sir George Prevost290
Accusation of Prevost by Sir Jas. Yeo291
Fort Erie Blown up292
New Orleans—General Jackson293
Nature of the Defences of New Orleans294
Pakenham—The Assault295
Gallantry of the 93rd Regiment296
The Defeat—Thornton Successful297
Capture of Fort Boyer—The Peace298
Defence of Pakenham’s conduct299
The Hartford Convention300
Consequences of the War301
The Canada Militia Disbanded302
Meeting of Parliament in Lower Canada303
An Agent—Public Opinion304
Service of Plate to Sir George Prevost305
Character of Prevost as a Governor306
Close of the Session—the Lachine Canal307
Progress—Recall of Sir George Prevost308
Legislation in Upper Canada309
State of Parties in Upper Canada310
The Newspaper a Pestilence in the Land311
The Brock Monument—Gore’s Return312
  
CHAPTER IV.
  
Drummond Administrator-in-chief313
The Roads—The Inhabitants314
The French Canadian character315
Parliament—Waterloo316
“My Native City”317
The Assembly Censured318
Dissolution of Parliament319
General Wilson Administrator320
Information for the Colonial Secretary321
Sir John Sherbrooke’s Notions322
The New Parliament323
Suspension of Mr. Justice Foucher324
The Chief Justice of Montreal325
“Sub Rosa” Negociation326
Management of the Commons327
The Banks of Quebec and Montreal328
York and Kingston329
First Steamers on the Lakes330
Government of Upper Canada331
Persecutions for Opinion’s sake332
Joseph Wilcocks, M.P.P.333
Acts of the Upper Canada Legislature334
The Prorogation336
Foreign Protestants—Prorogation337
Durand’s Parliamentary Libel338
Durand Imprisoned—Wyatt vs.
Gore
339
Lower Canada Civil List340
The Instructions—Foucher341
Adjudication of Impeachments342
Mr. Ryland’s Opinion343
The Chambly Canal344
The Estimates—St. Peter Street, Quebec345
Disinterment of Montgomery—Richmond346
His Grace the Duke of Richmond’s Speech347
Rejection of the Civil List—Lachine
Canal
348
Additional Impeachments349
Some Feeling evinced by the Legislative
Council
350
A Paul, Strahan, and Bate’s Case351
A Testy Speech from the Throne352
Rideau Canal—Population—Banks353
Upper Canada—Mr. Gourlay354
Mr. Gourlay’s schemes355
Gourlay arrested356
Gourlay’s ejectment—Parliament357
Governor Maitland and the Convention358
Death of the Duke of Richmond359
Antagonism—Maitland and the L.C.
Assembly
360
Arrival of Lord Dalhousie361
Papineau’s speech at Montreal362
Dalhousie’s opening parliamentary speech363
Facilities for manufacturing in Lower Canada364
Honorable John Neilson—Appearance and
Character
365
Quarrel of the Houses about the Civil List366
Mr. Andrew Stuart—The Supplies,
&c.
367
The Lachine Canal—Sinecure Offices368
Additions to the Executive Council369
The Civil List—Antagonism370
Mr. Marryatt, M.P.—Stoppage of the
Supplies
371
The Honorable John Richardson372
Message from the Governor373
Despotic conduct of the Assembly374
Effect of cutting off the supplies375
The Prorogation—Ryland’s Advice376
Legislative Union of the Provinces377
Agriculture and commerce in distress378
The Union Bill379
The Church—Political Rights380
Antipathies—Increasing Difficulties381
Parliament again in session382
Sir F. Burton—District of St. Francis383
The Civil List384
“Times” Libel—Emptiness of the Public
Chest
385
The Finances—the Receiver General386
The Lachine and Chambly Canals387
The prorogation—Union of the Provinces388
The Public Accounts of Upper Canada389
Gourlay’s Enlightened Views390
Construction of Ship Canals recommended391
Realization of a Dream—Mr. Merritt392
John Charlton Fisher, LL.D., King’s Printer393
Suspension of Mr. Caldwell394
Lord Dalhousie’s Explanation395
The defalcation—Tea Smuggling396
Free navigation of the St. Lawrence demanded397
Pettishness of the Lower Canada Assembly398
Occupations Taxed in Upper Canada399
Drawbacks on Importations400
The Clergy Reserves401
Parliament Closed—Tyranny of Maitland402
The Bidwells and Brodeurs of U.C.403
W. L. Mackenzie—Appearance and
Character
404
Mackenzie Persecuted405
Press Muzzlings406
Sir J. Robinson—Patience and
Oppression
407
Recall of Sir P. Maitland408
Matthews—Willis—Robinson409
The Gentry of Canada410
The Literary and Historical Society411
Departure of Lord Dalhousie412

PREFACE.

 

The beauty of a book, as of a picture, consists in the
grouping of images and in the arrangement of details. Not only
has attitude and grouping to be attended to by the painter, and
by the narrator of events, but attention must be paid to light
and shade; and the same subject is susceptible of being treated
in many ways. When the idea occurred to me of offering to the
public of Canada a history of the province, I was not ignorant of
the existence of other histories. Smith, Christie, Garneau,
Gourlay, Martin and Murray, the narratives of the Jesuit Fathers,
Charlevoix, the Journals of Knox, and many other histories and
books, were more or less familiar to me; but there was then no
history, of all Canada from the earliest period to the
present day so concisely written, and the various events and
personages, of which it is composed, so grouped together, as to
present an attractive and striking picture to the mind of every
reader. It was that want which I determined to supply, and with
some degree of earnestness the self-imposed task was undertaken.
My plan was faintly to imitate the simple narrative style,
the conciseness, the picturesqueness, the eloquence, the poetry,
and the philosophic spirit of a history, the most remarkable of
any extant—that of the world. As Moses graphically and
philosophically has sketched the peopling of the earth; painted
the beauties of dawning nature; shown the origin of agriculture
and the arts; described the social advancement of families,
tribes and nations; exhibited the short-comings and the
excellencies of patriarchal and of monarchical forms of
government; exposed the warrings and bickerings among men; told
of the manner in which a people escaped from bondage and raised
themselves on the wreck of thrones, principalities, and powers,
to greatness; published the laws by which that most chosen people
were governed; and dwelt upon the perversity of human nature; and
as other men, divinely inspired, have sublimely represented the
highest stages of Jewish civilisation, so did I propose to myself
to exhibit the rise of Canada from a primitive condition to its
present state of advancement. My first great difficulty was to
obtain a publisher. There could only be a very few persons who
would run the risk of publishing a mere history of Canada, even
with all these fanciful excellencies, produced by one unknown to
fame. But “where there is a will, there is a way,” and about the
middle of the month of June last, I had succeeded in disposing of
a book, then scarcely begun, to Mr. Peter Sinclair, Bookseller,
John Street, in the City of Quebec. That gentleman, with
characteristic spirit and liberality, agreed to become my
publisher, and until the 17th day of September, I read and wrote
diligently, having written, in round numbers, about a thousand
pages of foolscap and brought to a conclusion the first
rebellion. Then the work of printing was begun, and the
correction of all the proofs together with the editorial
management of a newspaper, have since afforded me sufficient
occupation. Mr. McMullen, of Brockville, has, however, produced a
history of this country from its discovery to the present time,
almost as if he had been influenced by motives similar to those
which have influenced me. His pictures, however, are not my
pictures, nor his sentiments my sentiments. The
books—although the facts are the same and necessarily
derived from the same sources—are essentially different. He
is most elaborate in the beginning, I become more and more
particular with regard to details towards the close—I
expand with the expansion of the country. In the first chapter of
this first volume, the history of the province while under French
rule is rapidly traced, and the history of the New England
Colonies dipped into, with the view of showing the progressional
resemblance between that country which is now the United States
and our own; in the second chapter the reader obtains only a
glance, as it were, at the American war of independence, when he
is carried again into Canada and made acquainted with the many
difficulties in spite of which Upper and Lower Canada continued
to advance in wealth and civilisation; in the third chapter a
history of the war between England and the United States is given
with considerable minuteness; and the fourth chapter brings the
reader up to the termination of that extraordinary period of
mis-government, subsequent to the American war, which continued
until the Rebellion, and has not even yet been altogether got rid
of. There are without doubt, errors, exceptions, and omissions
enough to be found—an island may have been inadvertently
placed in a wrong lake, a date or figure may be incorrect, words
may have been misprinted, and, in some parts, the sense a little
interfered with—but I have set down nothing in malice,
having had a strict regard for truth. I have creamed Gourlay,
Christie, Murray, Alison, Wells, and Henry, and taken whatever I
deemed essential from a history of the United States, without a
title page, and from Jared Sparks and other authors; but for the
history of Lower Canada my chief reliance has been upon the
valuable volumes, compiled with so much care, by Mr. Christie,
and I have put the essence of his sixth volume of revelations in
its fitting place.

For valuable assistance in the way of information, I am
indebted to Mr. Christie personally, to the Honble. Henry Black,
to the Librarians of the Legislative Assembly—the Reverend
Dr. Adamson and Dr. Winder—and to Daniel Wilkie, Esquire,
one of the teachers of the High School of Quebec.

C. ROGER.

Quebec, 31st December, 1855.


THE RISE
OF
CANADA
FROM
BARBARISM TO CIVILISATION.

CHAPTER I.

There have been many attempts to discover a northwest passage
to the East Indies or China. Some of these attempts have been
disastrous, but none fruitless. They have all led to other
discoveries of scarcely inferior importance, and so recently as
within the past twelve months the discovery of a passage from the
Atlantic to the Pacific Oceans has been made. It was in the
attempt to find a new passage from Europe to Asia that this
country was discovered. In one of these exploring expeditions,
England, four centuries ago, employed John Cabot. This Italian
navigator, a man of great intrepidity, courage, and nautical
skill, discovered Newfoundland, saw Labrador, (only previously
known to the Danes) and entered the Gulf of St. Lawrence. To
Labrador he gave, it is alleged, the name of Primavista. But that
he so designated that still rugged and inhospitable, but not
unimprovable, region, is less than probable. The name was more
applicable to the gulf which, doubtless, appeared to Cabot to be
a first glimpse of the grand marine highway of which he was in
quest, and with which he was so content that he returned to
England and was knighted by Henry the Seventh. Sebastian Cabot
made the next attempt to reach China by sailing northwest. He
penetrated to Hudson’s Bay, never even got a glimpse of the St.
Lawrence, and returned to England. Fifty years afterwards,
Cotereal left Portugal, with the view of following the course of
the elder Cabot. He reached Labrador, returned to Portugal, was
lost on a second voyage, and was the first subject of a
“searching expedition,” three vessels having been fitted out with
that view by the King of Portugal. Several other attempts at
discovery were subsequently made. Two merchants of Bristol, in
England, obtained a patent to establish colonies in Newfoundland
and Labrador, and in 1527, Henry the Seventh, for the last time,
despatched a northwest passage discovery fleet. The formation of
English settlements, and the exploration were equally
unsuccessful. These facts I allude to, rather with the object of
accounting for the name of “Canada,” applied to the country
through which the St. Lawrence flows, than for any other purpose.
In the “Relations des Jesuits,” Father Henepin states that
the Spaniards first discovered Canada while in search, not of a
northwest passage, but of gold, which they could not find, and
therefore called the land, so valueless in their eyes, El Capo
di Nada
—”The Cape of Nothing.” But, the Spaniards, who
possibly did visit Canada two years before Cabot, whatever the
object of their voyage may have been, could not have done
anything so absurd. Quebec, not Canada, may have been to them
Cape Nothing, and doubtless was. It was the way they
looked for. That was as visible to them as to Cabot, and a
passage, strath, or way is signified in Spanish by the word
Canada. It was not gold but a way to gold that English,
Spaniards, Italians, and French sought. It was the cashmeres, the
pearls, and the gold of India that were wanted. It was a short
way to wealth that all hoped for. And the St. Lawrence has,
indeed, been a short way to wealth, if not to China, as will
afterwards be shown.[1]

Passing over the exploration of what is now the Coast of the
United States, by Verrazzano, I come to the discovery of
Gaspé Basin and the River St. Lawrence, by Jacques
Cartier, of St. Malo, in France. With ships of one hundred and
twenty tons, and forty tons, Cartier arrived in the St.
Lawrence—as some spring traders of the present day
occasionally do—before the ice had broken up, and found it
necessary to go back and seek shelter in some of the lower bays
or harbours. He left St. Malo in April, 1534, and arrived in the
St. Lawrence early in May. Returning to Gaspé, he entered
the Bay Chaleur, remained there until the 25th July, and returned
to France. Next year, Cartier arrived in the St. Lawrence, after
various disasters to his three vessels, and viewed and named
Anticosti, which he called L’Isle de L’Assomption; explored the
River Saguenay; landed on, and named the Isle aux Coudres, or
Island of Filberts; passed the Isle of Bacchus, now Island of
Orleans; and at length came to anchor on the “Little River” St.
Croix, the St. Charles of these times, on which stood the huts of
Stadacona. Cartier chatted with the Indians for a season. He
found them an exceedingly good tempered and very communicative
people. They told him that there was another town higher up the
river, and Cartier determined upon visiting that congregation of
birch bark tents or huts, pitched on a spot of land called
Hochelaga, now the site of Montreal. At Hochelaga the “new
Governor” met with a magnificent reception. A thousand natives
assembled to meet him on the shore, and the compliment was
returned by presents of “tin” beads, and other trifles. Hochelaga
was the chief Indian Emporium of Canada; it was ever a first
class city—in Canada. Charlevoix says, even in those days
this (Hochelaga) was a place of considerable importance, as the
capital of a great extent of country. Eight or ten villages were
subject to its sway. Jacques Cartier returned to Quebec, loaded
his vessels with supposed gold ore, and Cape Diamonds, which he
supposed were brilliants of the first water, and then went home
to France, where he told a truly magnificent tale concerning a
truly magnificent country. Expeditions for Canada were everywhere
set afoot. Even Queen Elizabeth, of England, sent Frobisher on a
voyage of discovery, but he only discovered a foreland and tons
of mica, which he mistook for golden ore. Martin Frobisher was
ruined. His was a ruinous speculation. Talc or mica did not pay
the expense of a nine month’s voyage with fifteen ships. But all
that was then sought for is now found in Canada—and more.
To obtain much gold, however, the settlement of a country is
necessary. It is the wants of the settlers which extract gold
from the ground for the benefit of the trader. The only occupiers
of Canada, no farther back than two hundred years, were Indians.
The Montagnais, the Hurons, the Algonquins, the Iroquois, the
Outagomies, the Mohawks, the Senecas, the Sioux, the Blackfeet,
and the Crowfeet red-faces, were the undisputed possessors of the
soil. They held the mine, the lake, the river, the forest, and
the township in free and common soccage. They were sometimes
merchants and sometimes soldiers. They were all ready to trade
with their white invaders, all prone to quarrel among themselves.
The Iroquois and Hurons were ever at war with each other. When
not smoking they were sure to be fighting.

The first white man who opened up the trade of the St.
Lawrence was M. Pontgrave, of St. Malo. He made several voyages
in search of furs to Tadousac, and the wealthy merchant was
successful. With the aid of a Captain Chauvin, of the French
navy, whom he induced to join him, Pontgrave attempted to
establish a trading post at Tadousac. He was, however,
unsuccessful. Chauvin died in 1603, leaving a stone house for his
monument, then the only one in Canada.

It was now determined by the French government to form
settlements in Canada. And the military mind of France attempted
to carry into effect a plan not dissimilar to that recommended a
few years ago by Major Carmychael Smyth, the making of a road to
the Pacific through the wilderness by means of convicts. The
plan, however, failed, though attempted by the Marquis De la
Roche, who actually left on Sable Island forty convicts drawn
from the French prisons. A company of merchants having been
formed for the purpose of making settlements, Champlain accepted
the command of an expedition, and accompanied by Pontgrave,
sailed for the St. Lawrence in 1603. They arrived safely at
Tadousac, and proceeded in open boats up the St. Lawrence; but
did nothing. The effort at settlement was subsequently renewed.
In 1608, Champlain, a second time, reached Stadacona or Quebec,
on the 3rd July, and struck by the commanding position of Cape
Diamond, selected the base of the promontory as the site of a
town. He erected huts for shelter; established a magazine for
stores and provisions; and formed barracks for the soldiery, not
on the highest point of the headland, but on the site of the
recently destroyed parliament buildings. There were then a few,
and only a few, Indians in Stadacona, that Indian town being
situated rather on the St. Charles than on the St. Lawrence. Few
as they were, famine reduced them to the necessity of
supplicating food from the strangers. The strangers themselves
suffered much from scurvy, and after an exploration of the lake
which yet bears the name of its discoverer, Champlain returned to
France. Two years later the intrepid sailor set out for Tadousac
and Quebec with artisans, laborers, and supplies for Nouvelle
France, the name then given to Canada, or the Great “Pass” to
China. He arrived at the mouth of the Saguenay on the 26th of
April, after a remarkably short passage of eighteen days. He
found his first settlers contented and prosperous. They had
cultivated the ground successfully, and were on good terms with
the natives. Champlain, however, desirous of annexing more of the
territory of the Indians, stirred them up to strife. He himself
joined an hostile expedition of the Algonquins and Montagnais
against the Iroquois. What success he met with is not now to be
ascertained. Deficient in resources, he again returned to France,
and found a partner able and willing to assist the Colony in the
person of the Count de Soisson, who had been appointed Viceroy of
the new country—a sinecure appointment which the Count did
not long enjoy, inasmuch as death took possession of him shortly
afterwards. The honorary office of Viceroy, which more resembled
an English Colonial Secretaryship of the present day, than a
viceroyalty, was, on the death of Soisson, conferred on the
Prince de Condé, who sent Champlain from St. Malo for the
Colonial Seat of Government, on the 6th March, 1613, as Deputy
Governor. Champlain arrived at Quebec on the 7th of May. The
infant colony was quiet and contented. Furs were easily obtained
for clothing in winter, and in summer very little clothing of any
kind was necessary. The chief business of the then colonial
merchants was the collection of furs for exportation. There were,
properly speaking, no merchants in the country, but only factors,
and other servants of the home Fur Company. The country was no
more independently peopled than the Hudson’s Bay Territory now
is. The actual presence of either governor or sub-governor was
unnecessary. Champlain only made an official tour of inspection
to Mount Royal, explored the Ottawa, and returned to France. He
was dissatisfied with the appearance of affairs, and persuaded
the Prince of Condé, his chief, to really settle the
country. The prince consented. A new company was formed through
his influence, and, with some Roman Catholic Missionaries,
Champlain again sailed for Canada, arriving at Quebec early in
April, 1615—a proof that the winters were not more intense
when Canada was first settled than at present. Indeed the intense
cold of Lower Canada, compared with other countries in the same
latitude, is not so much attributable to the want of cultivation
as to the height of the land, and the immense gully formed by the
St. Lawrence, and the great lakes which receive the cold blasts
of the mountainous region which constitutes the Arctic highlands,
and from which the rivers running to the northward into Hudson’s
Bay, and to the southward into the great lakes and the St.
Lawrence, take their rise. The icy breath of the distant north
and northwest sweeps down such rivers as the Ottawa, the St.
Maurice, and the Saguenay, to be gathered into one vast channel,
extending throughout Canada’s whole extent. And, clear the forest
as we may, Canada will always be the same cold, healthy country
that it now is. Lower or rather Highland Canada, will be
especially so, without, however, the general commercial
prosperity of the country suffering much on that account. There
are lowlands enough for a population far exceeding that now
occupying the United States. But this is a digression.
Champlain’s Missionaries set themselves vigorously to the work of
christianizing the heathen, while Champlain himself industriously
began to fight them. He extended the olive branch from his left
hand, and stabbed vigorously with a sword in his right hand. The
Missionaries established churches, or rather the cross, from the
head waters of the Saguenay to Lake Nepissing. Champlain battled
the Iroquois from Mont Royal to Nepissing. Rather he would
have done so. He did not find them until he reached, overland and
in canoes, Lake Huron, the superior character of the land in that
neighbourhood attracting his particular attention. He found his
“enemy” entrenched by “four successive palisades of fallen
trees,” says Smith, “enclosing a piece of ground containing a
pond, with every other requisite for Indian warfare”—a very
Sebastopol, upon which Champlain discharged his fire-arms,
driving the Iroquois back to their camp. The place was, however,
impregnable, and the siege was reluctantly raised. The Algonquins
would only fight as they pleased. They were sadly in want of a
head. They would not use fire-arms, but “preferred firing their
arrows against the strong wooden defences.” Champlain was twice
wounded in the leg, and his allies, making the non-arrival of
reinforcements an excuse, retreated. Champlain insisted upon
going home, but transport was wanting, and he was compelled to
winter, as best he could, in a desolate region, with his
discomfitted allies. In the following year he got away, and made
haste down his Black Sea of Ontario, to his Golden Horn at
Tadousac, from thence, on the 10th of Sept., 1616, returning to
his native country to find his partner, the Prince of
Condé, in disgrace and in confinement, for what the
historian knows not. The Prince had possibly been playing Hudson,
for we find that the Marshal de Themines was prevailed upon to
accept the office, on condition of sharing the emoluments. But he
too became involved in “controversy with the merchants,” and
after only two years presidency of the Company, resigned, when
the Duke de Montmorenci obtained the Viceroyalty from
Condé, for eleven thousand crowns. The Duke was Lord High
Admiral of France, and Champlain was exceedingly glad. Another
new colonizing company was formed. Seventy-seven artisans,
farmers, physicians, or gentlemen, three friars, horses, cows,
sheep, seed-corn, and arms were collected at Rochelle for
exportation in 1619. But the laymen, partly Protestants and
partly Roman Catholics, began to squabble about the immaculate
conception, or something else, equally stupid and unimportant,
until Champlain himself got into trouble and nearly lost his
Deputy Governorship, and the expedition was delayed. In 1620,
Champlain, however, set sail, and on his arrival at his capital,
in July, was agreeably surprised to find that a missionary, named
Duplessis, had got so far into the good graces of the Hurons, at
Trois Rivieres, that he had discovered and frustrated a plan for
the massacre of the French colonists. At Tadousac affairs were
not at all flattering. The colonists had neglected cultivation.
Only sixty white people remained, ten of whom were religiously
engaged in keeping school, or were engaged in keeping a religious
school. At this period of time it is difficult to say which.
Worse than this scurvily decimated condition of the people, was
the intrusion of some unprincipled and unprivileged adventurers
from Rochelle, who had been bartering fire-arms with the Indians
for the Company’s furs. Champlain was very wroth, but moderated
his anger somewhat on ascertaining that an enfant du
sol
—a real French-Canadian baby was in the land of the
living. Who was the father of the child or who the mother, is
neither mentioned by Hennepin nor Charlevoix, and the office of
Prothonotary, or Registrar of Births, Marriages, and Deaths had
not been instituted. It is not even in the chronicles that
Champlain was at the christening, nor is the ceremony alluded to
at all. This great, and most interesting event happened on some
hour of some unmentioned day in the year 1621. It is possible the
mother was of a distinguished Huron family. It is certain that
the Hurons were about that time in close alliance with the
French, for the Iroquois began to be jealous of the alliance
between the Hurons, Algonquins, and the French, and declared war
with the view of destroying the settlements. The Iroquois
succeeded in burning some Huron villages, but were repulsed by
the French both at the Sault St. Louis and at Quebec. Quebec was
now a fortified town. There were wooden, but not very extensive,
walls around the barracks and the huts. Champlain had, on the
whole, great reason to be thankful. His power and authority
seemed to be undisputed. He had seen the first of a new world
generation, and the means of wealth were seemingly at his feet.
But he met with disappointment. The association of merchants who
had fitted out his expedition, and from whom he obtained his
supplies, were suddenly deprived of all their privileges of trade
and colonization, by Montmorenci. The Duke, determined on doing
as he pleased with his own, transferred the supremacy of the
colonists to the Sieurs de Caen, uncle and nephew. The one de
Caen was a merchant, the other a sailor. The sailor was soon at
Tadousac. Before Champlain had well known, by a letter of thanks
for past services, that he was re-called, or rather superseded,
his successor had arrived at the head quarters of Nouvelle
France—Tadousac. De Caen solicited an interview with
Champlain, which was conceded. Smarting with indignation,
Champlain was too polite. His courtesy was so excessive, that De
Caen became exacting as if to show who he was. He wanted to seize
all Champlain’s trading vessels. They belonged, he said, to a
company whose privileges had been transferred to him as the
representative of another company. The furs with which they were
laden belonged to Montmorenci and the De Caens, as his Grace’s
agents. Champlain demurred, and Captain De Caen peremptorily
demanded Du Pont’s vessel. Champlain, no longer courteous, flew
into a violent passion. Du Pont was the favourite agent of his
company, and his own particular friend. Champlain’s rage was of
no avail. Nor was the sympathy of the colonists of any value. De
Caen was supreme, and did as he pleased. The colonists, however,
excessively indignant, resolved to leave in a body, unless their
opinions were allowed some weight, and a number did take their
departure. Although De Caen had brought eighteen new settlers,
the colony was reduced to only forty-eight. Champlain, however,
remained in Canada. He felt himself to be the chief colonist, and
only removed to Quebec, where he erected a stone fort. The fort
was partly on that part of the present city on which the old
Church of Notre Dame stands, in the Lower Town, and partly where
the former Palace of the Roman Catholic Archbishop stood.
Champlain pitched his tent outside the walls, which were almost
rectangular, under the shadow of a tree, which, until six years
ago, threw its leafy arms over St. Anne Street, from the Anglican
Cathedral Church yard. While this fort-building, vessel seizing,
and unchristian feeling were rending the infant colony to pieces,
interfering with trade, and proving vexatious to all, a union had
been formed in France between the old and new companies. The
coalition was not productive of good. There was so little
cordiality and so much contention between the parties, that
Montmorenci threw up his viceroyalty in disgust, that is to say,
he sold out to the Duke de Ventadour. Ventadour was in a world of
difficulties. France was then half Protestant and half Catholic.
Ventadour’s chief object in purchasing Canada was to diffuse the
Catholic Religion throughout the new world. With much energy of
character, he was singularly pious. He attended mass regularly at
an early hour every morning. His bedroom was religiously fitted
up; the symbol of redemption hung constantly over the head of his
bed. He was no bigot. He was thoroughly in earnest. He was only
not wise. The man who had caused Champlain so much annoyance was
himself a Huguenot, and not that only,—to the Duke’s
mortification, he had taken to Canada chiefly Protestants, and
had even caused the Roman Catholic emigrants to attend Protestant
worship on shipboard. Two thirds of the crews of his ships were
Protestants. They sang psalms on the St. Lawrence. The new
viceroy was much annoyed on ascertaining that De Caen had
permitted such a state of things. The exercise of the Protestant
religion, he had given orders, should be barely tolerated, and he
had been disobeyed. Champlain did not trouble himself about
religious squabbles. He made himself difficulties with the
Indians, leaving religious dissensions to be made by his would be
superior. Amid all these difficulties the fur trade languished,
and the celebrated Cardinal Richelieu, who knew the advantages to
be derived from Ventadour’s pious missionary effort, revoked the
privileges of De Caen’s new company, and established a newer
company called the Hundred Associates. The associates were not
only to colonize, but they were amply to supply necessaries to
the colonists. They were to send out a large number of clergymen.
Those clergymen were to create churches and erect parsonages.
They were to be supported by the Associates for fifteen years.
They were to have glebes, or reserved lands, assigned to them for
their sufficient support. At a blow the wily cardinal had
extinguished psalm singing on the St. Lawrence for at least a
century. In 1627 the Hundred Associates were formed. But plans
cannot be always carried into effect as soon as determined upon.
War was proclaimed by England against France in the following
year, 1628. The weakest and the meanest of English kings had
caused the Puritans, previously persecuted by Elizabeth, to leave
their country. The Puritans, in November, 1607, had settled in
New England. The year in which the first Franco-Canadian saw the
light of day, Governor Carver, of Plymouth Colony, had entered
into a league of friendship, commerce, and mutual defence with
Massassoit, the great Sachem of the neighbouring Indians. Some
years previously (1619) the Colony of Virginia had received her
first Governor General from England, who had instructions to
convoke a general legislature. With all his impotent stammering,
slobbering, weeping, buffoonery, and pedagoguism, James had an
indistinct idea that it was as necessary to hear the voice of the
people as the voice of the king. He chose rather to direct than
to suppress the expression of opinion. But the Governor General
of Virginia was appointed by the London Company, whose privileges
were taken away by James on the year preceding his death, which
occurred in March, 1625, after the company had expended
£100,000 in the first attempt to colonize America. James
appointed a viceroy or governor and directed him how to govern.
New France, at the breaking out of such a war, had something to
dread from New England, so much further advanced in colonization.
Cardinal Richelieu’s plan of Canadian settlement was roughly
interfered with, by the capture of his first emigrant ships by
Sir David Kerk, who afterwards proceeded to Tadousac, burned the
village, and proceeded to Quebec to summon Champlain to
surrender. The brave Frenchman refused and Kerk retreated. But
Kerk came back again. He again appeared before the walls of Fort
Quebec, and summoned it to surrender. Reduced to great distress
by famine, Champlain surrendered, and the whole settlement was
taken captive to England. With the exception of a few houses, a
barrack, and a fort at Quebec, and a few huts at Tadousac, Trois
Rivieres, and Mont Royal, Canada was again as much a wilderness
as it ever had been since the Asiatics had stepped across
Behring’s Straits to replenish the western hemisphere. The great
curiosity, the first Franco-Canadian baby, now eight years old,
was doubtless carried to the tower, and caged as a curiosity,
near the other lions and tigers of London. It was not until the
restoration of peace in 1633, that Champlain was reappointed
Governor of Canada, which, by the treaty of 1632, was surrendered
back to France, on the supposition that it was almost worthless.
This time colonization was systematically undertaken by the
Jesuits, who only arrived in Canada in time to supply the loss of
Champlain, a man of exemplary perseverance, of ambitious views,
and of wonderful administrative capacity, for a layman of that
day, who died in December, 1635. The foundation of a seminary was
laid at Quebec. Monks, Priests, and Nuns were sent out from
France. The Church was to settle in the wilderness to be
encircled by the godly. If Admiral Kerk had carried off a
settlement, Mother Church was to produce other settlements. A new
governor was named—Montmagny. Business, however, began to
languish. The Indians became exceedingly troublesome. And the
Iroquois had subdued the Algonquins, and had nearly vanquished
the Hurons. To defend the settlement from these fierce warriors,
Montmagny built a fort at Sorel, at the mouth of the Richelieu,
down which river the savage enemy usually came. The construction
of the fort had the desired effect. Peace with the Indians soon
followed, and the colony became happy and contented. The effect
of Jesuitical tact and judgment soon began to exhibit itself. An
Ursuline Nunnery and a Seminary were established at Quebec,
through the instrumentality of the Duchess d’Aiguillon. The
religious order of St. Sulpice, at the head of which was the
Abbé Olivier, proposed to the King of France to establish
a new colony and a seminary at Mont Royal, bearing the name of
the order and composed of its members. The proposal was
entertained, and the Island of Montreal conceded to the
religionists for their support. The Sieur Maisonneuve—a
name admirably chosen—was placed at the head of the
faithful emigrants, and invested with its government. The third
regular governor of Canada was M. d’Aillebout. He succeeded
Montmagny, whose term of office had expired. On the death of
Champlain, no Governor of Canada was to hold the reins of
government longer than three years. D’Aillebout was an
exceedingly able man. He was firm, and, on the whole, just. He
was left entirely to himself in the management of affairs, and he
left the conversion of the Indians to peace and Christianity, to
the missionaries, who labored well and earnestly, establishing
the Hurons, and even the Iroquois, in villages. The latter, who
were never to be trusted, only feigned semi-civilization, and
unexpectedly renewing the war, they fell upon their old enemies,
the Hurons, with diabolical fury. In the Indian village of
Sillery, while a missionary was celebrating mass in the Catholic
Church, and none but old men, women, and children were present, a
terrible and foul massacre occurred. The Iroquois rushed into the
chapel with tomahawk and scalping knife, murdering all the
congregation, nor stayed their hands until upwards of four
hundred families, being every soul in the village, were slain.
About this time our friends south of the line 45°, first
began to dream of the annexation of Canada. An envoy from New
England visited Quebec, and proposed to the French governor the
establishment of a peace between the two colonies of New France
and New England, which was not to be broken even should the
parent states go to war. Governor Montmagny consented, on
condition that the Iroquois were to be put down. He was so
willing that he sent an envoy to Boston to ratify a treaty. But
the New Englanders would not quarrel with the Iroquois, and no
treaty was effected. A more hopeful international commercial
alliance, of which the Boston Jubilee of 1851 was indicative, has
lately been entertained. Compared to the Iroquois, or even the
Algonquins, the Huron tribe of Indians were mild in disposition
and peaceably disposed. The French missionaries obtained a
powerful hold over them. Great numbers became christianized, and
even, to some extent, civilized. Descendants of Nimrod though
they were, their wandering habits were partially subdued, and
very many began to cultivate the ground. As if there was
something in the climate of Quebec to produce such an effect,
they were naturally inclined to be supremely tranquil. And
notwithstanding the recent horrible massacre they soon sank back
into their ordinary state of lethargy. They were fearfully
aroused from their lethargy, however, by another series of
attacks on the part of the Iroquois. The latter ferocious red men
made a descent upon the village of St. Ignace, killing and
capturing all the Hurons there. They next attacked St. Louis, and
though some women and children managed to escape, both
missionaries and Hurons were carried off for the torture. The
Huron nation, terribly damaged, seemed to be at the mercy of
their more savage enemies. They scattered in every direction.
Their settlements were altogether abandoned. Some sought refuge
with the Ottawas, some with the Eries, and not a few attached
themselves to missionaries, who formed them into settlements on
the Island of St. Joseph, in Lake Ontario. Unable, however, to
find sufficient subsistence on the island, they were compelled to
form villages on the main land, where they were again slaughtered
by the Iroquois. So inferior had they become, physically and
intellectually, if not numerically, to the Iroquois, that they
resolved to put themselves altogether under French protection.
This protection the missionaries procured for them, and a new
settlement was formed at Sillery. The Iroquois now did what they
pleased. They were in full possession of the whole country. The
French were literally confined to Quebec, Three Rivers, and
Montreal. But that which neither French nor Hurons could do by
force, they were made to do themselves. They were destroyed in
hundreds by rum. The French appealed to their appetites. Iroquois
independence was broken in upon by a mere artifice of taste. Furs
were now bought, not with pieces of tin and strings of beads, but
with plugs of tobacco and bottles of spirits. Intoxication had
its ordinary effect. It caused these naturally hot-blooded,
quarrelsome, freemen to butcher each other, and it made them the
slaves of the fur trader, whose exertions increased as the
favorite narcotic lessened the exertions and weakened the
energies of the hunter. So injurious was the effect of the “fire
water,” and so obvious was the injury to the Indians themselves,
that the Chief of the domesticated Indians petitioned the
Governor, their great Father, to imprison all drunkards. Whether
or no D’Aillebout granted the request is not recorded. Probably
it was not then granted. Among the Edits, Ordonnances Royaux,
declarations, et arrêts du Counsel d’etat Roi concernant le
Canada
, nothing concerning Indian intoxication is to be
found. D’Aillebout ceased not long afterwards to be governor. In
1650 he was succeeded by Monsieur de Lauzon. So hostile, however,
had the feelings of the Iroquois now become, that M. de Lauzon
returned to France for a detachment of soldiers. He brought out
100 men in 1653. Then the Iroquois were disposed for peace. They
begged for it. Might is right. The power of the new Governor was
acknowledged by the Iroquois. One hundred muskets was a powerful
argument against even 6,000 bows and arrows. Frenchmen were sent
among them. An Iroquois Roman Catholic Church was founded. For
two years all was tolerably quiet, but at the end of that time
the spirit of insubordination was so great that the French,
anticipating massacre, made a moon-light flitting to Quebec.

M. Lauzon was superseded as Governor of Canada, in 1658, by
the Viscompte d’Argenson. On the very morning of his arrival a
large party of Algonquins were menaced under the very guns of
Quebec by the Iroquois, who were driven off, but not captured, by
a posse of French troops. In the following year
Monseigneur l’Eveque de Petree, arrived at Quebec, to preside
over the Catholic Church. François de Petree, a shrewd,
energetic, learned prelate, was not, however, appointed to the
See of Quebec, by “Notre Saint Pére le Pape Clément
X,” as he himself tells us, until the 1st October, 1664. In 1663
he established the Seminary of Quebec, and united it with that of
the du Bac, in Paris, in 1676. The education of young men for the
ministry seemed to be his great object. Trade would develop
itself in time. The country could not fail to become great with
so much deep water flowing through it. But religion must be
provided for, and the Catholic, the most consistent, if not the
most enlightened, of any system of Christianity existing, was his
religion, and he paved the way for its extension. Four hundred
more soldiers had been added to the garrison before
François de Laval was even Bishop of Quebec, and they
accompanied de Monts, as the Guards did Lord Durham, who was also
sent out to enquire into the condition of Canada. In de Mont’s
time, Canada must have been in a very extraordinary state. In
1668, an edict of the king prohibited swearing and blasphemy. The
king ruled that officers of the army had no acknowledged rank in
the Church. And in 1670, an arrêt du Conseil encouraged
les marriages des garçons et des filles du
Canada
.”

One of the most remarkable earthquakes of which we have read
occurred in Canada, soon after the arrival of the Bishop of
Petrea. It happened, too, in winter. On the 5th of February,
1663, at half-past five o’clock in the evening, the earth began
to heave so violently, that people rushed in terror into the
streets, only to be terrified the more. The roofs of the
buildings bent down, first on one side, then on the other. The
walls reeled backward and forward, the stones moving as if they
were detached from each other. The church bells rang. Wild and
domestic animals were flying in every direction. Fountains were
thrown up. Mountains were split in twain. Rivers changed their
beds or were totally lost. Huge capes or promontories tumbled
into the St. Lawrence and became islands. The convulsion lasted
for six months, or from February to August, in paroxysms of half
an hour each, and although it extended over a range of country,
600 miles in length by 300 in breadth, not a single human being
was destroyed. Beyond question this earthquake altered entirely
the features of the country from Montreal to the sea; but, that
it did not produce that rent, as some will have it, through which
the Saguenay flows, is evident from the fact that the Saguenay
existed on Cartier’s first visit. It did not even produce those
numerous islands with which the Lower St. Lawrence is studded,
for some of them are also mentioned by the same daring and
skilful navigator. But for the sake of science it is to be
regretted that the particular rivers, whose beds were changed or
which were entirely obliterated, have not been mentioned. The
greater depth of the Saguenay than the St. Lawrence is easily
accounted for by the greater height of the banks of the one river
than of the other. In the St. Lawrence a large body of water
finds an outlet through a chain of mountains forming the banks of
a river which is the outlet of a series of lakes or inland seas,
in which the rains or snows of a great part of North America are
collected, as the Caspian, the Sea of Azof, and the Euxine are
the rain basins of Europe and of Asia, and which spreads its
waters over breadths of land, great or small, as its shores are
steep or otherwise. If Canada is high above the ocean, and on
that, as well as on other accounts, intensely cold in winter, it
is some consolation to know that that latitude, which is in some
sense to be regretted, has produced a river and lake navigation
for sea-going ships of upwards of a thousand miles, more valuable
than ten thousands of miles of prairie-land. A prairie country
might have produced a Mississippi filled with snags, but only a
mountainous country could produce such rivers for navigation as
the Saguenay and St. Lawrence, and such rivers for manufacturing
purposes as the St. Maurice and the Ottawa. But Canada is not all
mountainous. There are vast steppes, extensive plains, through
which numerous streams roll sluggishly into the great lakes.
There are tracts of country of extraordinary extent capable of
producing the heaviest crops. There are garden lands around most
of the western cities, on which these cities of yesterday subsist
and have arisen. And even in Lower Canada there are straths of
wonderful fertility. Canada, with any government which will
permit trade, cannot fail to become pecuniarily rich, even with
the drawback of the towns of Lower Canada being rendered inland
for half the year by means of ice. Lower Canada has been crippled
by the policy of Cardinal Richelieu, who, by that policy,
paradoxical as it may appear, was her first benefactor. A
theocratic government, no doubt excellent for the taming of
Indians, is not by any means well adapted for an intelligent
people. So long as the trade of Canada was confined to furs the
Jesuitical policy of Richelieu was advantageous, but now that the
Indians are nearly exterminated—two millions of acres under
cultivation—millions of feet of pine, birch, oak and other
timber used or exported annually—and manufactures
abounding—a somewhat more self reliant spirit is requisite
than the establishment of Churches under the extraordinary
control of a single mitred head will permit. Such a spirit is
being gradually aroused, and the more gradual the more permanent
will it be. Violence begets violence. Example is more persuasive
than force.

De Monts, or rather de Lauzon, was succeeded by the Baron
D’Avaugour, the last of the Fur Governors, a weak, stupid man,
who had almost by his imbecility and vacillation suffered the
business of his employers to be extinguished. The Iroquois most
vigorously waged war during his time upon every other tribe of
Indians. They altogether exterminated the Eries, and in their
very wickedness, did good in rendering their country more
susceptible to colonization by Europeans. D’Avaugour was
recalled. The Hundred Associates resigned their charter into the
hands of the French king, who transferred the company’s
privileges to the West India Company. M. de Mesy was appointed
governor by the Crown, and for a council of advice he had a Vicar
Apostolic and five others, one of whom was a kind of Inspector
General, and another a Receiver General. To this Governor and
Council the power of establishing Courts of Justice, at Three
Rivers and Montreal, was confided. Courts of Law were established
soon after De Mesy’s arrival, and four hundred soldiers were
obtained from France to enable His Excellency to cause the law to
be respected. De Mesy, of a proud and unbending temper,
quarrelled with his Council, sneered at the settlers, and
governed with a rod of iron. He cared neither for Vicar
Apostolic, nor for Finance Ministers. Nay, he went so far, after
quarrelling with the Jesuits, as to send two members of the
Company to France, a mistake for which he paid the penalty by
being himself recalled. De Mesy was succeeded by the Marquis de
Tracy and was the second Chief Crown Governor, or Viceroy. He was
not fettered with a Council of Advice, but he was more absurdly
hampered with almost co-equals in the shape of assistants. The
Seigneur de Courcelles was appointed Governor of the Colony, and
Mon. De Talon, Intendant. De Tracy brought with him as settlers
the then newly disbanded regiment of Carignan-Sallières,
which had returned from fighting, not for the Turks in Hungary,
but against them. They had been extraordinarily successful. And
France had acquired great influence by her successful efforts to
stay Mahometan encroachment. The Turks were then the oppressors
not the oppressed. But France then, as now, was playing the
balance of power game. The men of the Carignan-Sallières
Regiment were admirably adapted for settlement in a country in
which constant fighting was being carried on. They were to have a
deep interest in subduing the Iroquois. They were some protection
against the Round-Heads of Massachusetts. Sixteen hundred and
sixty-five other settlers, including many artisans, accompanied
them. Cattle, sheep, and horses were for the first time sent to
Canada. More priests were sent out, for whom the West India
Company were, by their charter, bound to provide churches and
houses. The most Christian king had determined upon at least
christianizing the country, and upon so retaining it. Without
priests and churches the Hungarian Heroes would have been of as
little value to France as the cattle, sheep, and horses which
accompanied them to Canada. It was a condition of the West India
Company’s Charter that priests were to be carried out, and
parsonages and churches erected. Like most companies chartered
for similar purposes, the stock of this company was transferable,
but only the revenue, or profits of the revenue could be attached
for the debts of the stockholders. The company had a monopoly of
the territory, and the trade of the Colony for forty years. Nor
was this all. His most Christian Majesty conferred a bounty of
thirty livres on every ton of goods imported to France, a kind of
protection similar to that still extended by the French
government to the Newfoundland fisheries. The company had the
right to all mines and minerals—had the power of levying
and recruiting soldiers in France—had the power of
manufacturing arms and ammunition—had the power of building
forts in Canada—and had the power of declaring and carrying
on war against the American Indians, or, in case of insult, the
Colonial Englishmen of New England, or the Manhattanese Dutch.
Justice was to be administered according to the Custom of Paris.
All Colonists of, and converts to the Roman Catholic faith, had
the same rights in France as Frenchmen born and resident in
France had. And for four years the king himself agreed to advance
a tenth of the whole stock of the company, without interest, and
to bear a corresponding proportion of any loss which the company,
in the course of four years, might sustain. These were certainly
liberal and prudent privileges, but more ultimate good, or in
other words, good would have been sooner realized had the
conditions been less liberal and less prudent. These conditions
were of too liberal a nature to cause any desire for change to be
entertained for a great length of time, and the consequence is
that even now Lower Canada is governed according to the “Cotume
de Paris,” and cultivated as France was cultivated two hundred
years back. A year after the Marquis’ arrival, the Council of
State granted to the Canadian Company the trade in furs on
payment of a subsidy of one fourth of all beaver skins, and of
one tenth of all Buffalo skins. The trade of Tadousac was
excepted. Fort building and church building went on vigorously.
The fur trade was easily attended to. Three forts were erected at
the mouth of the Richelieu-Sorel. The Indians made sorties
repeatedly down this river, always doing much mischief, and the
forts were intended to prevent the mischief. But the Iroquois
were not to be foiled. They found means to reach the settlements
by other roads. Nor was De Tracy to be annoyed. He sent out war
parties who did not, however, effect much. The Viceroy, an old
man of some seventy summers, took the field himself. With the
view of exterminating the Indians, he set out on the 14th Sept.,
1666, with a considerable force consisting of regular troops,
militia, and friendly Indians. Unfortunately the Commissariat
Department was badly conducted, and the exterminating force were
nearly themselves exterminated by starvation. They had to pass
through a large tract of forest land to meet their foes, and they
frequently lost their way. The haversack was soon emptied, and
the starving army was only too happy to breakfast, dine, and sup
on chestnuts gathered in the bush, until some Indian settlements
were reached. They came upon almost a forest of chestnut-trees,
and fell upon them like locusts. They ate and filled their
haversacks, and it was well that they did so, for the Iroquois
had adopted the Russian expedient of abandoning their villages,
and suffering the enemy to march through a country altogether
wanting in the bare necessaries of life. M. De Tracy marched and
countermarched without effecting anything beyond capturing some
old men, and one or two women with their children. Luckily he
fell in with supplies of corn in one of the abandoned settlements
which he took possession of for the benefit of his army. Still
more luckily he got to Quebec again safely, but so thoroughly
disgusted with the state of affairs, that he resigned his
government into De Courcelle’s hands, and returned to France. De
Courcelle was a man of some address. He cajoled the Iroquois and
prevented war. He was the founder, but not the builder of Fort
Cataraqui or Kingston, on Lake Ontario. He settled Hurons at
Michillimacinac. Both fort and settlement were intended to
benefit the fur trade. The new settlement was in fact a new
hunting ground, and the new fort was for the protection of the
hunters. De Courcelle visited personally Cataraqui. He was
dragged up the Lachine, the Cedars, and other rapids of the St.
Lawrence, in an open boat, but suffered from moisture and
exposure to such an extent that, on returning to Montreal, he
solicited his recall to France, and was recalled accordingly.

In 1669, the Indians encountered, in the shape of smallpox, a
more terrible foe than the musket, the sword, the arrow, or the
“firewater.” Whole tribes were exterminated by this loathsome
disease, which appears not to have been imported, inasmuch as the
most distant and least civilized tribes were first attacked and
most severely suffered. The Atlikamegues were completely
exterminated. Tadousac and Trois Rivieres were abandoned by all
the Indians. Fifteen hundred Hurons died at Sillery, and yet the
Huron suffered less than any other nation. The remnant of the
tribe was collected by Father Chamounat, who established them at
Lorette, where some half-breeds are yet to be found.

The Count de Frontenac was the third Viceroy of Canada. He
succeeded De Courcelle in 1692, and soon after his arrival
erected the fort which his predecessor had decided upon erecting
at Cataraqui, giving it his own name—a name which still
distinguishes the County, the chief town in which Kingston or
Catarqui is. De Frontenac was a man of astonishing energy. His
self will and self esteem were only compensated for by ability
and a spirit of independence and honesty. It was not to be
supposed that such a man could long submit to the whims of his
co-equals, as far as governing was concerned. Nor did he. The
triumvirate—the Viceroy, the Bishop, and the
Intendant—each with an equal vote, were soon at
loggerheads. Chesnau, the Intendant, without Frontenac’s ability,
had all his bad qualities. The Intendant and Viceroy were soon
violently opposed to each other, and to make matters worse, the
Bishop, supported by his clergy, was annoyed with both. The
Bishop considered the sale of spirits to the Indians abominable;
De Frontenac thought it profitable; and Chesnau did not think at
all. An appeal was made by the clergy to the home government, and
both De Frontenac and Chesnau were re-called with censure, and
the profitable sale of spirits to the Indians was prohibited by a
royal edict. De Frontenac ruled Canada for ten years, and during
his administration La Salle discovered the mouths of the
Mississippi. Only the year after De Frontenac’s arrival in
Canada, the Indians reported that there was a large river flowing
out to the Atlantic, to the southwest of the colony, and the
Reverend Messire Marquette[2] and a merchant of Quebec, were
sent on an exploring expedition. Starting in two canoes, with
only a crew of six men for both, they found themselves, after an
exceedingly tedious voyage, on the Mississippi, and, rejoicing at
their success, returned back immediately to report progress. At
Chicago, Marquette separated from his companion. In that Indian
village of Lake Michigan, now a populous commercial town, the
missionary remained with the Miami Indians, while Jollyet went
back to Quebec for further instructions. Of course Jollyet was
highly communicative at Quebec. The multitude could not travel by
steam in those days from Gaspé to Lake Michigan. It was no
easy matter at that period to paddle over those great seas, the
inland lakes, in a birch-bark canoe. Jollyet had much to boast of
and might, without chance of detection, boast of more than either
his experience or a strict adherence to truth could warrant.
Jollyet was a curiosity. Jollyet was the lion of Quebec, and he
was toasted and boasted accordingly. The Sieur La Salle was in
Quebec when Jollyet returned. He heard of the merchant’s
adventures with deep interest. La Salle, a young man of good
family, and of sufficient fortune, had emigrated to Canada in
search of fame, and with the further view of increasing his
pecuniary resources. He expected, like Cabot and some others, to
find a passage through Canada, by water, to China, imagining that
the Missouri emptied itself into the north Pacific. The narrative
of Jollyet made La Salle more sanguinely credulous, that he had
the “way” before him. First he gained the sanction of the
governor to explore the course of that river, and then he
returned to France for support in his enterprise. So plausible a
story did he relate, that means were soon forthcoming. The Prince
of Conti most liberally entered into La Salle’s views, and
assisted him to prepare an expedition. The Chevalier de Tonti, an
army officer, with one arm, joined him, and on the 14th July,
1678, De La Salle, and De Tonti sailed for Quebec from France,
with thirty men. It was two months before they reached Quebec;
but no sooner did they arrive than they hastened to the great
lakes, accompanied by Father Hennepin. Father Hennepin was the
historian of the voyage. He tells a wonderfully interesting
story. La Salle built a vessel of 60 tons, and carrying 7 guns,
above the Falls of Niagara, having laid the keel in July, 1679.
There are always difficulties attending new enterprises, and La
Salle’s shipbuilding operations were frequently and annoyingly
interfered with. The carpenter was an Italian, named Tuti, and he
occupied seven months in building the craft. One day, an Indian,
pretending to be drunk, attempted to stab the blacksmith, but
that worthy son of Vulcan, like Bailie Nicol Jarvie, successfully
defended himself with a red hot bar of iron. Again the savages
tried to burn the ship, but were prevented by a woman. A squaw
gave La Salle’s people warning of the Indian’s intention. Alarms
were frequent, and only for Father Hennepin’s exhortations,
shipbuilding would have been abandoned to a later period, on the
lake. But carpenter Tuti persevered, and amid enthusiastic
cheering, the chanting of a Te Deum, and the firing of
guns, she was safely launched. The “Cataraqui” was square rigged.
She was a kind of brigantine, not unlike a Dutch galliot of the
present day, with a broad elevated bow and a broad elevated
stern. Very flat in the bottom, she looked much larger than she
really was, and when her “great” guns were fired off, the Indians
stared marvellously at the floating fort. With the aid of
tow-lines and sails the Niagara River was with difficulty
ascended, and on the 7th of August, 1679, the first vessel that
ever sat upon the lakes entered Lake Erie. The day was
beautifully calm, and the explorers chanted Te Deums, and
fired off guns, to the no small consternation, perhaps amusement,
of the Senecas. In four days they sailed through the lake, and
entering the River Detroit they sailed up it to Lake St. Clair,
and in twelve days more Lake Huron was entered. In that lake
storms and calms were alternately encountered. On one occasion
the wind blew so strongly, that La Salle’s man of war was driven
across to Saginaw Bay. But worse weather was yet in store for La
Salle. A tempest swept over the lake, and topmasts and yards were
let go by the run. There was neither anchorage nor shelter, and
La Salle and all his crew, now terribly frightened, prayed and
prepared for death. Only the pilot swore. He anathematized the
fresh water. It was bad enough to perish in the open ocean, but
something terrible to be drowned in a nasty fresh water lake, to
be devoured, perhaps, by an ichthyosaurus. Prayers and curses
seemingly had produced the desired effect; indeed, the pilot’s
anathematizing was prayer; but such prayer is not by any means to
be recommended. It would be as well to curse as only to pray when
fear is excited. Prayer, doubtless, often is, but never ought to
be, the effect of fear. Prayer should be the holy offering up of
reasonable desires to the Creator, and in times of danger there
should be confidence in the Creator as all powerful, and in
ourselves as the instruments of the Creator. However, favored
with less adverse winds, the exploring expedition reached
Michillimacinac, and anchored in 60 fathoms, living on delicious
trout, white fish, and sturgeon. From thence entering Lake
Michigan, they proceeded to an Island at the mouth of Green Bay,
where La Salle loaded his ship with furs and sent her back to
Niagara. The cargo was rich. It was valued at 50,000 livres. The
blaspheming pilot and five men were sent off with the vessel, but
whether the craft foundered in Lake Huron or was piratically
visited by the Indians, she was no more heard of. Two years
elapsed before La Salle or Father Hennepin learned the fate of
the “Cataraqui” and her blasphemous pilot. They perseveringly
pushed their way down the Mississippi and reached the Atlantic,
thus discovering the mouths of a stream which has been a great
source of wealth to our enterprising neighbours. In two years he
turned his steps to Quebec, and going home to France was
appointed Governor of the territory he had discovered. He was the
first Governor of Louisiana, a territory ceded by Napoleon I. to
the United States, in 1803. The unlucky Governor was not destined
to reach his government. La Salle, in command of four ships, with
settlers, sailed from Rochelle, on the 24th of July, 1689. He was
ignorant of the exact geographical situation of the mouths of the
Mississippi, but passing through the Antilles, reached Florida,
where he was murdered by his own people—a melancholy and
lamentable fate for one of whom all Frenchmen may justly boast.
Canada now numbered 8,000 souls, including converted Indians; and
French America extended from Newfoundland, and Nova Scotia
through the St. Lawrence and the great lakes to the Pacific, and
from the great lakes again to the ocean through the Mississippi,
all the westward of even that stream being French soil. Yet it
was only nominally so. The Indians were virtually the owners of
the soil, those spots on which forts or trading posts had been
erected or established, only excepted.

M. De La Barre now (1682) succeeded Frontenac as Viceroy. The
new Governor was of a restless and overbearing disposition. He
required, or supposed that he required, a strong government. He
certainly needed an able one. The idea of drawing off the trade
of the St. Lawrence had first occurred to the English colonists
on the Hudson. The Iroquois preferred trading with the “down
south” English to trading with the French. Their furs were
chiefly carried down the Hudson, to the no small annoyance of the
French exporter. De La Barre had no idea of tolerating such a
mode of doing business. The furs of Canada were French furs. The
Indians were merely hunters for the French, and had no right
whatever to dispose of their goods in the dearest market, and buy
their necessaries in the cheapest market. De La Barre, weakened
though he was in the number of his troops, many men having
converted their swords into ploughshares, and their guns into
reaping hooks, resolved upon punishing the free-trading children
of the woods. He obtained two hundred additional soldiers from
France, and proceeded up the St. Lawrence on his labor of love.
The Indians only laughed at him. They thought he was in a dream
when he pompously required them not to war upon each other, or
permit the English to come among them. His troops were sick and
starving, and were at the mercy rather of the Indians than the
Indians at their mercy. M. De La Barre was compelled to withdraw
his troops. The blustering, pompous, mischief-loving De La Barre
was recalled by his government, for incompetency, and in 1685 was
succeeded by Denonville.

The Marquis Denonville was only more cunning than his
predecessor, and perhaps more decided. No sooner had he set foot
in the colony, than, with the assistance of the missionaries, he
persuaded the Iroquois chiefs to meet him on the banks of Lake
Ontario. Denonville and the Indians did meet, and no sooner had
they met, than Denonville treacherously caused a number of them
to be seized and put in irons, to be sent as prisoners to the
King of France, for service in his gallies. Denonville erected a
fort at Niagara, became more violent and overbearing to the
Indians, treated the remonstrances of the English of New York,
concerning the erection of Fort Niagara, with contempt, and at
last brought upon himself, as the arrogant generally do, defeat
and disgrace. This fort, to which the North West Fur Company of
Quebec had offered to contribute 30,000 livres annually, in
consideration of a monopoly of the fur trade, was destroyed by
the Iroquois, who followed the now retreating French to
Cataraqui, made themselves masters of the whole country west of
Montreal, and, to crown all, appeared before that city with
proposals of peace. Denonville was required to restore the chiefs
who had been sent to France, and he was either in a position not
to resist, or wished to gain time. He consented to negotiate. The
Hurons, his allies, were not now so peaceably disposed. For the
first time, they seem to have evinced a warlike spirit. They
attacked the deputies, and insinuated to their prisoners that the
French Governor had instigated them to do so. The prisoners were
allowed to depart; a large party of the Five Nations heard their
tale, descended upon Montreal, carried off two hundred of the
inhabitants, and retired unmolested. The fort at Cataraqui was
blown up, and for a time of course abandoned. Thus, in 1686,
French Canada was again virtually reduced to Montreal, Three
Rivers, Quebec, and Tadousac.

It was in 1689 that the Count de Frontenac returned to Canada
a second time, as Viceroy, to succeed the incompetent Denonville.
He took out the captured chiefs, and attempted to conciliate the
Iroquois. But the Indians had been too frequently deceived by his
immediate predecessors. They would have nothing to do with him,
unless he restored, without stipulation, their captured chiefs.
De Frontenac complied. He complied the more readily because he
feared an alliance between the Ottawas and the Iroquois. The
Ottawas were quite indifferent to French friendship, because the
gain, in their estimation, was altogether in favor of the French,
whose protectors the Ottawas considered themselves to be. So far
from provocation being now given to the Indians, a policy
extremely opposite was pursued. The English and Dutch of the New
England settlements coveted the Indian trade in furs, and the
Indians were more favorably disposed towards the English and
Dutch traders than towards the French, because from the former a
larger consideration was received. It was De Frontenac’s policy
to prevent such a union, which would, as he conceived, have
injured the trade of the St. Lawrence, and have injured the
revenue of the Fur Company. De Frontenac induced the Ottawas to
assist him against the English of New England, whom he had
resolved to attack, France and England being then at war. He
fitted out three expeditions, one against New York, a second
against New Hampshire, and a third against the Province of Maine.
The party against New York fell upon Schenectady, in February,
1690. The weather was exceedingly cold, and the ground deeply
covered with snow. It was never even suspected, that, at such a
season, a campaign would be begun. Yet, at the dead of night,
while the inhabitants of Schenectady were asleep, and not a
sentinel was awake to announce the danger, the war-whoop was
raised, every house in the village was simultaneously attacked,
buildings were broken into and set on fire, men and women were
dragged from their beds, and even mothers, with their sleeping
infants at their breasts, were inhumanly murdered. Sixty persons
were massacred; thirty were made prisoners, and such as escaped,
almost naked, fled through the deep snow, many perishing with the
extreme cold, and the most fortunate being terribly frost bitten.
At Salmon Falls, the party sent by Frontenac against New
Hampshire, killed thirty of the inhabitants, took fifty-four
prisoners, and burned the village. At Casco, in Maine, the third
party killed and captured one hundred persons. Such was the
business of colonists in those days. In Canada the majority had
no voice in popular affairs. Governors, Intendants, Seigniors,
and Priests, controlled the colonists as they willed. However
much the Governor may have despised the Intendant, the Intendant
the Seignior, or the Priest all put together, the merchant,
artisan, and peasant were of no account. Wealth without title was
only a bait for extortion. The peasantry were serfs, and the
nobles uneducated despots. Education was in the hands of the
clergy, while power was solely vested in the Heads of Military
Departments. But if ignorance was particularly characteristic of
the Canadians, the New Englanders could lay little claim to
superior enlightenment. Harvard’s College, in Massachusetts, had
apparently done no more for the New Englanders, in 1692, than the
Seminary of Quebec, in the way of diffusing a knowledge of
letters among the people, from which the desire for freedom
invariably springs, had done for Canada. The people of Salem,
Andover, Ipswich, Gloucester, and even Boston, were accusing each
other of witchcraft. A “contagious” malady, which affected
children of ten, twelve or fifteen years of age, it was, oddly
enough, said by the learned physicians of the period, was the
result of witchcraft. A respectable merchant of Salem, and his
wife, were accused of bewitching children; the sons of Governor
Bradstreet were implicated in the divinations; and the wife of
Sir William Phipps was not above suspicion. One man, for refusing
to put himself on trial by jury, was pressed to death. Nor was
Giles Correy the only sufferer:—nineteen persons, “members
of the Church”, were executed, and one hundred and fifty persons
were put in prison. It was sometime before the conviction began
to spread, that even men of sense, education, and fervent piety
could entertain the madness and infatuation of the weak,
illiterate, and unprincipled. A disbeliever in witchcraft was an
‘obdurate sadducee.’ That conviction did at last possess men. The
disease which affected the supposed bewitched children somewhat
resembled St. Vitus’ Dance. It was an involuntary motion of the
muscles. The affected were sometimes deaf, sometimes dumb,
sometimes blind. Oftentimes, they were at once deaf, dumb, and
blind. Their tongues were drawn down their throats, and then
pulled out upon their chins to a prodigious length. Their mouths
were forced open to such a wideness, that their jaws went out of
joint, only to clap again together, with a force like that of a
spring lock. Shoulder-blades, elbows, wrists, and knees were
similarly affected. Sometimes the sufferer was benumbed, or drawn
violently together, and immediately afterwards stretched out and
drawn back.

De Frontenac set earnestly to work to pacify his old enemies
of the Five Nations. A new and more dreaded enemy had to be
encountered. The Puritans of Massachusetts, provoked by De
Frontenac’s aggressions, resolved to attack Canada, in
self-defence. Sir William Phipps, afterwards the first Captain
General of Massachusetts, born on the River Kennebec, a man of
extraordinary firmness and great energy, who had raised himself
to eminence by honesty of purpose, a strong will, and good
natural ability, was appointed to the command of an expedition,
consisting of seven vessels and eight hundred men. The object of
the expedition was the reduction of Port Royal, or Annapolis, in
Nova Scotia, which Sir William speedily and easily accomplished.
A second expedition, under Sir William, was resolved upon, for
the reduction of Montreal and Quebec. Two thousand men were to
penetrate into Canada by Lake Champlain, to attack Montreal, at
the same time that the naval armament, consisting of between
thirty and forty ships, should invest Quebec. The expedition
failed. The Commissariat and Pontoon Departments of the land
expedition, were sadly deficient, and the naval expedition did
not reach Quebec until late in October. The weather became
tempestuous, and scattered the fleet, while the land force to
Montreal mutinied through hunger. Sir William, on the 22nd of
October, re-embarked the soldiers which he had landed, and
sailed, without carrying with him his field pieces or ammunition
waggons. Humiliating as the repulse was to Massachusetts, it was
highly creditable to De Frontenac, who now easily succeeded in
winning over the Five Nation Indians. Indeed, matters had so very
much changed, that these enemies of his most Christian Majesty
solicited the Governor to rebuild the fort at Cataraqui, which
was accordingly done. The Indians were not, however, unanimous in
their desire for peace. There was a war and a peace party. To
show his power, De Frontenac conceived the idea of a great
expedition against the Indians. He collected regulars, militia,
and all the friendly Indians to be procured, and, marching to
Cataraqui, passed into the country of the Onondagos. On entering
a lake, it was ascertained by the symbol of two bundles of
rushes, that 1,434 fighting men were in readiness to receive
them. De Frontenac threw up an earthwork, or log fort, to fall
back upon, and proceeded. De Callières, Governor of
Montreal, commanded the left wing; De Vaudreuil the right; and De
Frontenac, now 76 years of age, was carried, like Menschikoff at
Alma, in the centre, in an elbow chair. The Indians fell back,
and as they did so, pursued the Russian policy of destroying
their own forts by fire. The French never came up with the
Onondagos or Oneidas, but contented themselves with destroying
grain, and returned to Montreal.

De Frontenac’s next expedition was to join Admiral, the
Marquis Nesmond,—who had been despatched with ten ships of
the line, a galliot, and two frigates,—with a force of
1,500 men at Penobscot, with the view of making a descent on
Boston; to range the coast of Newfoundland; and to take New York,
from whence the troops were to return overland to Canada, by the
side of the River Hudson and Lake Champlain. The junction was not
effected, and the expedition failed. A treaty of peace, on the
10th of December, 1697, concluded between France and England, at
Ryswick, in Germany, put an end to colonial contention for a
short time. By that peace, all the countries, forts, and colonies
taken by each party during the war, were mutually given back. De
Frontenac, an exceedingly courageous and skilful officer, now
became involved with his government at home. The French
government began to perceive that advanced posts for the purpose
of trading with the Indians for furs, were of little, if, indeed,
they were of any advantage, while they were a continued source of
war. It was proposed to abolish these stations, so that the
Indians might, to the great saving of transport, bring in their
furs themselves, to Montreal. De Frontenac demurred. These forts
were the sign of power, as they were a source of patronage. The
fur trade was a monopoly, carried on by licenses granted to old
officers and favorites, which were sold to the inland traders as
timber limits are now disposed of. Profits of 400 per cent were
made on successful fur adventures, under a license to trade to
the extent of 10,000 crowns on the merchandize and 600 crowns to
each of the canoemen. Beaver skins, at Montreal, were then worth
2s. 3d. sterling a pound weight. The first fishery was formed at
Mount Louis, on the south shore of the St. Lawrence, about half
way between the mouth of the Gulf and Quebec, in 1697. A company
formed by the Sieur de Reverin, was tolerably successful. Canada
was even now beginning to look up, in a commercial point of view.
De Frontenac died in November following, in the 78th year of his
age, and the Governor of Montreal, De Callières, succeeded
him. De Callières died suddenly, a few years after his
elevation, (1703) when the people of Canada petitioned for the
appointment of the Marquis De Vaudreuil to the Viceroyalty, and
the king granted their prayer. The death of De Callières
occurred one year after a new declaration of war between France
and England. This war was the result of unsettled boundaries, by
the peace of Ryswick. England declared war against both France
and Spain. Again Canadians and New Englanders suffered severely.
The French of Canada, especially, allowed their Indians to
perpetrate the most horrible atrocities. Women prisoners were
inhumanly butchered in cold blood, before the very eyes of their
husbands, only because they were unable to keep pace with other
prisoners, or their captors. Both the French and the English
colonists were permitted by the parent states to fight almost
unaided, to fight on imperial account, at colonial expense of
blood and treasure. To Canada, nearly altogether a military
colony, fighting was particularly agreeable, and yet the
population had not reached 15,000, while Massachusetts contained
70,000 souls; Connecticut, 30,000: Rhode Island, 10,000; New
Hampshire, 10,000; New York, 30,000; New Jersey, 15,000;
Pennsylvania, 20,000; Maryland, 25,000; North Carolina, 5,000;
South Carolina, 7,000, and in all 142,000 souls. The difficulty
of land transport confined hostilities to the border States, and
preserved a balance of power between the contending colonists.
Indeed, the St. Lawrence afforded a comparatively easy means of
communication for the French to that afforded by the mountain
passes of Vermont to the New Englanders. The French could more
easily pounce upon the outposts of Lake Champlain than the New
Englanders could march to defend them. The English colonists
resolved upon making a great effort. Massachusetts petitioned
Queen Anne for assistance, who promised to send five regiments of
regular troops, which, with 1,200 men, raised in Massachusetts
and Rhode Island, were to sail from Boston for Quebec. The fleet,
with the five regiments on board, never came to hand, having been
sent to Portugal; but 1,800 colonists marched against Montreal,
by way of Lake Champlain, and penetrated as far as Wood Creek,
where the news of the altered destination of the fleet reached
them and caused them to return. The French Governor acted on the
defensive. He made extraordinary preparations for defence, which
were needless, as the Iroquois Indians, having quarrelled with
the English, on the ground that Iroquois safety consisted in the
jealousies of the French and English, would not fight, and the
invaders retreated. Another application being made to the Queen
of England for protection, on the part of the New Englanders,
Colonel Nicholson came over with five frigates and a bomb ketch,
and having been joined by five regiments of troops from New
England, he sailed with the frigates and about twenty transports,
from Boston, on the 18th September, for Port Royal, which he
captured and called, in honor of his Queen, Annapolis. Animated
with his success, Nicholson sailed for England, to solicit
another expedition to Canada. His request was granted. Orders
were immediately sent to the colonies to prepare their quotas of
men, and only sixteen days after the orders to that effect were
received, a fleet of men of war and transports, under Sir
Hovenden Walker, with seven regiments of the Duke of
Marlborough’s troops, and a battalion of marines, under Brigadier
General Hill, arrived at Boston. The fleet had neither provisions
nor pilots, but by the prompt exertions of the colonists, 15 men
of war, 40 transports, and 6 storeships, with nearly 7,000 men,
sailed from Boston for Canada, while Colonel, now General
Nicholson, marched at the head of 4,000 provincialists, from
Albany towards Canada. The fleet arrived in the St. Lawrence on
the 14th of August, (1710) but in proceeding up the river the
whole fleet was nearly destroyed. The pilots were ignorant of the
channels, and the winds were contrary and strong. About midnight
of the 22nd, a part of the fleet were driven among islands and
rocks on the north shore, eight or nine transports were cast
away, and nearly 1,000 soldiers were drowned. The attempt to take
Quebec was again abandoned. The ships of war sailed directly for
England, and the transports, having provincial troops on board,
returned to Boston. General Nicholson remained at Fort George
until he heard of the miscarriage of the St. Lawrence expedition,
when he retraced his steps to Albany. The Canadians had made
extensive preparations for defence. The greatest possible
enthusiasm prevailed in Quebec. The merchants of Quebec, in 1712,
raised a subscription and presented the Governor with 50,000
crowns, for the purpose of strengthening the fortifications of
the town. The peace of Utrecht was, however, concluded, in 1713,
and Canada was left to contend only with the Outagamis, a new
Indian enemy, who, in conjunction with the Iroquois, had
determined upon burning Detroit, the limit of civilisation to the
north west. The French soon caused their Indian enemies to bury
their hatchets.

At the peace, Quebec had 7,000 inhabitants, and the population
of all Canada amounted to 25,000, of whom 5,000 were capable of
bearing arms. Already the banks of the St. Lawrence below Quebec
were laid out in seigniories, and the farms were tolerably well
cultivated. Some farmers were in easier circumstances than their
seigneurs. The imported nobility had dwindled down to the
condition of placemen or traders. The Baron Beçancour held
the office of Inspector of Highways, and Count Blumhart made
ginger beer. Three Rivers contained 800 inhabitants. A few
farmers lived in the neighbourhood of the mouth of the St.
Francis. Montreal was rising rapidly into importance, having
obtained the fur trade of Three Rivers, in addition to its own,
and the island having been carefully cultivated, through the well
directed efforts of the Jesuits. Above Montreal there was nothing
but forts—Fort Kingston or Cataraqui, Fort Niagara, Fort
Detroit, and Fort Machillimakinac.

The Marquis de Vaudreuil having ruled Canada for twenty-one
years, died on the 10th of April, 1725. He was succeeded by the
Marquis de Beauharnois, under whose judicious management of
affairs, the province became prosperous. Cultivation was
extended. The Indians were so much conciliated, that
intermarriages between the French and Indians were frequent. And
there was nothing to excite alarm but the growing importance and
grasping disposition of the New Englanders and New
Anglo-Hollanders. The Governor of New York had erected a fort and
trading post at Oswego, on Lake Ontario, with the view of
monopolizing the trade of the Lakes. Beauharnois followed the
English Governor’s example, by building an opposition fort in the
neighbourhood of Niagara. Another fort was erected by the
Marquis, at Crown Point, on Lake Champlain, and yet another at
Ticonderoga. The English very soon had a more reasonable pretext
than a monopoly of the fur traffic, for more active
demonstrations against the French. War was again declared in
1745, between France and England, by George II.; and Governor
Shirley, of Massachusetts, without waiting for instructions from
England, determined upon attacking Louisbourg, then considered to
be the “Gibraltar of America.” Louisbourg, on Cape Breton, was
fortified by the French, after the peace of Utrecht, at an
expense of $5,500,000. The fortifications consisted of a rampart
of stone, nearly 36 feet in height, and a ditch eighty feet wide.
There were six bastions, and three batteries, with embrasures for
148 cannon and 6 mortars. On an island at the entrance of the
harbor was another battery of 30 cannon, carrying 28 pound shot,
and at the bottom of the harbour, opposite the entrance, was
situated the royal battery of twenty-eight forty-two pounders,
and two eighteen pounders. The entrance of the town, on the land
side, was at the west, over a draw-bridge, near which was a
circular battery, mounting 16 guns of 24 pounds shot. And these
works had been 25 years in building. Louisbourg was a place of
much importance to the French. It was a convenient retreat to
such privateers as always annoyed and sometimes captured the New
England fishing vessels. And the manner of this attack upon it is
exceedingly interesting. It was determined on in January, 1745.
Massachusetts furnished 3,250 men; Connecticut, 510; Rhode Island
and New Hampshire, each 300. The naval force consisted of twelve
ships, and in two months the army was enlisted, victualled, and
equipped for service. On the 23rd of March, an express boat,
which had been sent to Commodore Warren, the Naval Commander in
Chief in the West Indies, to invite his co-operation, returned to
Boston with the information, that without orders from England he
could take no share in a purely colonial expedition. Governor
Shirley and General Pepperell nevertheless embarked the army, and
the colonial fleet sailed the next morning. The expedition
arrived at Canso on the 4th of April, where the troops from New
Hampshire and Connecticut joined it. Here, Commodore Warren, with
his fleet, very unexpectedly joined the expedition. Shortly after
his refusal to join, instructions which had been sent off from
the British Government, approving of the attack upon Louisbourg,
as proposed by Governor Shirley, and which Pepperell had gone to
attack, without waiting for Imperial approval, had reached
Commodore Warren, and without loss of time he proceeded direct to
Canso, whither it was reported the Colonial fleet had gone. His
arrival was the cause of great joy among the colonists. After a
short consultation with General Pepperell, the Commodore sailed
to cruise before Louisbourg, and was soon followed by the
colonial fleet and army, which, on the 30th April, arrived in Cap
Rouge Bay. It was not until then that the French were aware that
an attack upon them was meditated. Every attempt was made to
oppose the landing. They sent detachments to the landing places.
But General Pepperell deceived them. He made a feint of landing
at one point, and actually landed at another. The story reminds
us of Sebastopol. Next morning 400 of the English marched round
behind the hills, to the north west of the harbour, setting fire
to all the houses and stores, till they came within a mile of the
Royal Battery. The conflagration of the stores, in which was a
considerable quantity of tar, while it concealed the English
troops, increased the alarm of the French so greatly, that they
precipitately abandoned the Royal battery. Upon their flight, the
English troops took possession of it, and by means of a well
directed fire from it, seriously damaged the town. The main body
of the army now commenced the siege. For fourteen nights they
were occupied in drawing cannon towards the town, over a morass,
in which oxen and horses could not be used. The toil was
incredible, but men accustomed to draw the pines of the forests,
for masts, could accomplish anything. By the 20th of May, several
fascine batteries had been erected, one of which mounted five
forty-pounders. These batteries, on being opened, did immense
execution. While the siege was being proceeded with, Commodore
Warren captured the French ship of war “Vigilant,” of 74 guns,
with her 560 men, and a great quantity of military stores. This
capture was of very great consequence, as it not only increased
the English force and added to their military supplies, but
seriously lessened the strength of the enemy. Shortly after this
important capture, the English fleet was considerably augmented
by the arrival of several men of war. A combined attack by sea
and land was now determined on, and fixed for the 18th of June.
Already the inland battery had been silenced; the western gate of
the town was beaten down, and a breach effected in the wall; the
circular battery of sixteen guns was nearly ruined; and the
western flank of the King’s bastion was nearly demolished. The
besieged were in no condition to resist a joint attack by sea and
land. The preparations for such an attack altogether dispirited
them. A cessation of hostilities was asked for, on the 15th, and
obtained. On the 17th, after a siege of forty-nine days,
Louisbourg and the Island of Cap Breton surrendered. Stores and
prizes to the amount of nearly a million sterling fell into the
hands of the conquerors. Nor was this the only advantage.
Security was given to the colonies in their fisheries; Nova
Scotia was preserved to England; and the trade and fisheries of
France were nearly ruined. The successful General, a New
Englander by birth, was created a baronet of Great Britain, in
recognition of his important services to the State. Sir William
Pepper(w)ell rose on the ruins of Louisbourg. On France the blow
fell with great severity. The court, aroused to vengeance, sent
the Duke D’Anville, a nobleman of great courage, in 1746, at the
head of an armament of forty ships of war, fifty-six transports,
with three thousand five hundred men, and forty thousand stand of
arms for the use of the French and Indians in Canada, to recover
possession of Cape Breton, and to attack the colonies. Four
vessels of the line, forming the West India squadron, were to
join the expedition, and Canada sent off 1,700 men with the same
view. The greatest consternation possessed the English colonists,
as part of this immense fleet neared the American coast. But
there was, in reality, no cause for fear. The tempest had blasted
the hopes of France. Only two or three of the ships, with a few
transports, reached Chebucto Bay, in Nova Scotia. Many of the
ships of this once formidable expedition were seriously damaged
by storms, others were lost, and one was forced to return to
Brest, on account of cholera among her crew. On arrival at
Chebucto, where Halifax is now situated, the Admiral became so
despondent that he poisoned himself, and the Vice Admiral, no
more a Roman than his superior, ran himself through the body with
his sword. So died both these gallant but unfortunate men, whose
moral courage quailed before what they knew must be public
opinion in France. Nor were the disasters of the Duke d’Anville’s
armament yet over. That part of the fleet which had arrived in
America, sailed for the purpose of attacking Annapolis, only to
be dispersed by a storm, in the Bay of Fundy, and to return to
France crest-fallen. Another expedition was however, determined
upon. Six men of war, of the largest class, six frigates, and
four East Indiamen, with a convoy of thirty merchant vessels, set
sail from France, with the Admiral de la Jonquiere appointed to
succeed de Beauharnois as Governor of Canada. But a British
fleet, under Admiral Anson and Rear Admiral Warren, dispatched to
watch, and, if possible, intercept it, fell in with the French
fleet on the 3rd of May, and before night all the battle ships
had surrendered. The new Governor of Canada found himself a
prisoner. The disagreeable intelligence of this second failure
reached France on the somewhat sudden and unexpected return of a
part of the convoy, which had escaped capture, as night fell, on
the day of the surrender of the fleet. Another Governor for
Canada was appointed, the Count de la Gallisonière, who
arrived safely. De la Gallisonière took an intelligent
view of the position of affairs. He saw the folly, in a military
point of view, of keeping the frontier a wilderness, and
recommended that a large number of settlers should be sent from
France, who, by being located on the frontier, would act as a
check upon the British. His advice was, however, unheeded, and de
la Jonquière having been released from captivity and
conveyed to Canada, the Count resigned his trust to the Admiral,
and returned to France. De la Jonquière was exceedingly
active and able. Shortly after, or about the time of his release
from captivity, the peace of Aix-la-Chapelle was signed, and all
conquests—Louisbourg included—made during the war,
were mutually restored. But de la Jonquière hated the
English cordially, and by his hostile acts against the English
fur traders, of the Ohio Company, he brought on that war between
France and England, known as “The French and Indian War.” Several
English traders were seized and carried to a French port, on the
south of Lake Erie, and fortifications, at convenient distances,
were erected and occupied by French troops, between Fort
Presqu’isle and the Ohio. War was ultimately declared, and
Colonel George Washington, afterwards President of the United
States, was sent, at the head of a regiment of Virginians, by the
British Governor Dinwiddie, to put a stop to the fort building,
which, although joined by nearly 400 men from New York and South
Carolina, he failed to accomplish, having been compelled by De
Villiers, at the head of a force of 1,500 French soldiers, to
capitulate, with the privilege of marching back to Virginia
unmolested. In Canada, De la Jonquière was by no means a
favorite. Terribly avaricious, while the Intendant sold licenses
to trade, the Governor and his Secretary sold brandy to the
Indians. De la Jonquière became enormously wealthy, but
his grasping disposition so annoyed the people of Quebec and
Montreal, that complaints against him were loudly made, and he
was recalled. He died, however, at Quebec, before his successor,
the Marquis du Quesne de Menneville, was appointed. The
Anglo-Indian French War now raged furiously. The English
colonists were recommended by the British Government to unite
together in some scheme for their common defence. A convention of
delegates from Massachusetts, New Hampshire, Rhode Island,
Connecticut, Pennsylvania, and Maryland, with the Lieut. Governor
and Council of New York, was accordingly held at Albany, in 1754,
and a plan of a federal union adopted. The plan was simply
this:—a Grand Council, to be formed of members chosen by
the provincial assemblies, and sent from all the colonies; which
Grand Council, with a Governor General appointed by the Crown,
having a negative voice, should be empowered to make general
laws, to raise money in all the colonies, for their defence, to
call forth troops, regulate trade, lay duties, &c. It met,
however, neither with the approbation of the Provincial
Assemblies nor the King’s Council. The Assemblies rejected it
because it gave too much power to the Crown, and the King’s
Council rejected it because it gave too much power to the people.
Nevertheless, the Assemblies unreservedl declared, that, if it
were adopted, they would undertake to defend themselves from the
French, without any assistance from Great Britain. The mother
country refused to sanction it. Another plan was proposed, which
met with universal disapprobation. A convention was to be formed
by the Governors, with one or more of their Council to concert
measures for the general defence, to erect fortifications, to
raise men, &c., with power to draw upon the British Treasury
to defray all charges, which charges were to be reimbursed by
taxes upon the colonies, imposed by Acts of Parliament. The
English colonies, however, vigorously attempted to repel the
encroachments of the French from Canada, and ultimately
succeeded, notwithstanding the blundering incompetency of General
Braddock and Colonel Dunbar, the afterwards celebrated Washington
being Aid-de-Camp to the former on the Ohio. Braddock, in
proceeding against Fort du Quesne,[3] with upwards of
2,200 men, one thousand of which were regulars, suffered himself
to be surprised by only five hundred French and Indians, had five
horses killed under him, was himself mortally wounded, and his
troops were defeated. Nay, out of sixty-five officers, sixty-four
were killed and wounded, and of the troops engaged, one half were
made prisoners, through the ungovernable folly of a man, who
advanced without caution, and attempted to form a line when
surrounded in a thicket. It was at this time, when the English
colonists, not only contemplated a federal union, but had
determined upon expeditions—one against the French in Nova
Scotia, which completely succeeded; a second against the French
on the Ohio; a third against Crown Point; and a fourth against
Niagara. The Marquis du Quesne organized the militia of Quebec
and Montreal; minutely inspected and disciplined the militia of
the seigneuries; and attached considerable bodies of regular
artillery to every garrison. Tired of the continual fighting
between Canada and the English colonies, the Marquis du Quesne
solicited his recall. His request was conceded. His most
Christian Majesty appointed the Marquis de Vaudreuil de Cavagnac,
son of a former Governor to succeed him. De Vaudreuil de Cavagnac
sailed for the seat of his government with Admiral La Mothe, who
was in command of a fleet newly fitted out, at considerable cost,
at Brest. The sailing was not unnoticed by the English Channel
fleet. Admiral Boscawen gave chase. He had eleven ships of the
line, and with these he came up with the French fleet off
Newfoundland. A battle ensued, and two French vessels fell into
the hands of the British, the remainder of the French ships
escaping under cover of a fog. Quebec was reached without further
molestation, and Governor De Vaudreuil de Cavagnac was installed.
All Canada was, on his arrival, in arms. Every parish was a
garrison, commanded by a captain, whose authority was not only
acknowledged, but rigidly sustained. Agriculture was,
consequently, entirely neglected. Provisions were scarce; the
price of food was enormously high; and the fur trade was rapidly
declining. Notwithstanding this, the Intendant, Bigot, shipped
off large quantities of wheat to the West Indies, on his own
account. The Marquis de Vaudreuil de Cavagnac sanctioned the
avaricious exactions and dealings of Bigot. Practices the most
dishonest and demoralizing were winked at or excused. The
Governors positively enriched themselves on the miseries of the
governed. A high standard value was given to grain in store. It
was studiously reported that the farmers were hoarding up their
stocks, and prejudice was so excited against them, that it was no
difficult matter to confiscate their corn, on pretence that it
was absolutely necessary for the city and the troops. De Cavagnac
and Bigot bought cheaply and sold extravagantly dear. As the
Russian officials cheat the Russian government, so did the French
officials cheat both the people and the government of France. But
it was little wonder. The Governor had only a salary of
£272 sterling, out of which he was expected to clothe,
maintain, and pay a guard for himself, consisting of two
sergeants and twenty-five soldiers, furnishing them with firing
in winter, and other necessary articles. A Governor was compelled
to trade to be on a pecuniary level with the merchant.

The hostilities between the colonists of English and French
extraction for the two preceding years had been carried on,
without any formal declaration of war. It was not until June,
1756, that war was declared by Great Britain against France, and
operations were determined upon on a large scale. Lord Loudon was
appointed Commander in Chief of the English forces in America,
and General the Marquis de Montcalm was appointed Generalissimo
in Canada, in room of Dieskau, who was disabled at Lake George.
The English commander matured a plan of campaign, formed by his
locum tenens, General Abercrombie, which embraced an
attack upon Niagara and Crown Point, still in possession of the
French, the former being the connecting link in the line of
fortifications between Canada and Louisiana, and the latter
commanding Lake Champlain, and guarding the only passage at that
time to Canada. Loudon was as hesitating and shiftless, as
Abercrombie had been an improvident commander. The expedition
against Crown Point was unaccountably delayed. General Winslow,
at the head of 700 men, was not permitted to advance. Montcalm,
as energetic, able, and enterprising as his opponents were
indecisive, with 8,000 regulars, Canadians, and Indians, made a
rapid descent upon Oswego, at the south-east side of Lake
Ontario, and captured it. Sixteen hundred men, one hundred and
twenty pieces of cannon, fourteen mortars, two ships of war, and
two hundred boats and batteaux, fell into the conqueror’s hands.
Lord Loudon, prone to inactivity, instead of vigorously pushing
forward upon Crown Point, to retrieve this great disaster, made
the disaster an excuse for relinquishing the enterprise. The
failure of the campaign of ’56 much annoyed the British
Parliament and people, and great preparations were made in the
following year to prosecute the war to a successful issue. It was
in vain, while Lord Loudon was in command of the colonial army. A
fleet of eleven ships of the line, and fifty transports, with
more than six thousand troops, arrived at Halifax, for the
reduction of Louisbourg, and Lord Loudon ordered a large body of
troops, designed to march upon Ticonderoga and Crown Point, to
co-operate. But so dilatory was his Lordship, that before the
expedition from Halifax was ready to sail, a French fleet of 17
sail had arrived at Louisbourg, with reinforcements, making the
garrison nine thousand strong—and this fine specimen of a
hereditary commander deemed it inexpedient to proceed, and
abandoned the expedition. Montcalm, again profitting by the
weakness and indecision of his adversaries, made a descent on
Fort William Henry, situated on the north shore of Lake George,
with nine thousand men. The fort, garrisoned by three thousand
men, was commanded by Colonel Munroe, who obstinately defended
it. Nay, had it not been for the silly indifference of General
Webb, who was in command of Fort Edward, which was within only
fifteen miles of Fort William Henry, and was garrisoned by 4,000
men, the French General might have been unable to make any
impression upon it. But Webb, although solicited by his second in
command, Sir William Johnston, to suffer his troops to march to
the rescue, first hesitated, next granted permission, and then
drew back. In six days the garrison surrendered, Munroe and his
troops being admitted to an honorable capitulation. Reverses such
as these, involving great misery, inasmuch as the Indians too
frequently butchered their prisoners in cold blood, could not
fail to have an effect upon a ministry which had appointed such
incapables to command. A change of ministry was loudly demanded,
and most fortunately for the honor of the British arms, and for
the salvation of the colonies, there was a change. The great
Pitt, afterwards Lord Chatham, was the Palmerston of that day.
Placed at the head of the administration, he breathed into the
British Councils a new soul. He revived the energies of the
colonies. He gave new life to dependencies, whose loyalty was
weakened, and whose means were exhausted by a series of as
ill-contrived and unfortunate expeditions as were ever attempted.
He addressed circulars to the colonial Governors, assuring them
of the determination of the ministry to send a large force to
America, and called upon the colonies to raise as many troops as
possible, and to act promptly and liberally in furnishing the
requisite supplies. The colonies nobly responded. Massachusetts,
Connecticut, and New England unitedly raised 15,000 men, who were
ready to take the field in May. An expedition to Louisbourg, a
second to Ticonderoga, and a third against Fort du Quesne were
determined upon. The tide of success was on the turn. Admiral
Boscawen, with a fleet of twenty ships of the line, eighteen
frigates, and an army of fourteen thousand men, under the command
of General Amherst, his second in command being General Wolfe,
sailed from Halifax, for Louisbourg, on the 28th of May.
Louisbourg resisted vigorously, but on the 26th of July this
important fortress was a second time in the possession of Great
Britain. 5,735 men, 120 cannon, 5 ships of the line, and 4
frigates were captured. Isle Royal and St. John’s, with Cape
Breton, fell, also, into the hands of the English. Against
Ticonderoga the English were not so successful. This central
expedition was conducted by General Abercrombie, who had
succeeded Lord Loudon as Commander-in-Chief in America, that
nobleman having returned home. He had with him 16,000 men and a
formidable train of artillery. Ticonderoga was only garrisoned by
3,000 French. The passage of Abercrombie across Lake Champlain
was only a little less splendid than that of the British and
French armies over the Black Sea, from Varna to Eupatoria, in
September, 1854. The morning was remarkably bright and beautiful,
and the fleet moved with exact regularity, to the sound of fine
martial music. The ensigns waved and glittered in the sunbeams,
and the anticipation of future triumphs shone in every eye.
Above, beneath, around, the scenery was that of enchantment. It
was a complication of beauty and magnificence, on which the sun
rarely shines. But General Abercrombie was unequal to the command
of such an army. He left to incompetent Aides-de-Camp the task of
reconnoitering the ground and entrenchments, and without a
knowledge of the strength of the place, or of the points proper
for attack, and without bringing up a single piece of artillery,
he issued his orders to attempt the lines. The army advanced with
the greatest intrepidity, and for upwards of four hours (the
duration of the battle of the Alma) maintained the attack with
incredible obstinacy. Nearly two thousand of the English were
killed or wounded, and a retreat was ordered. On reaching Lake
George, his former quarters, the defeated and mortified
Abercrombie yielded to the solicitations of Colonel Bradstreet,
who desired to be sent against Fort Frontenac, (now Kingston) on
Lake Ontario. Three thousand provincials were detached on this
expedition, and in two days the fortress had surrendered, and 9
armed vessels, 60 cannon, and sixteen mortars, and a vast
quantity of ammunition were taken possession of. Fort du Quesne
was evacuated on the approach of General Forbes, with 8,000 men,
and was re-named Pittsburg, in honor of the Prime Minister of
England, Mr. Pitt.

Elated by success, the entire conquest of Canada was now
determined upon by the English. Three powerful armies were
simultaneously to enter the French Province by three different
routes—Ticonderoga and Crown Point, Niagara and Quebec were
to be attacked as nearly as possible at the same time. On the
22nd of July, 1759, the successor of Abercrombie, General
Amherst, attacked, first, Ticonderoga, and then Crown Point, both
places being evacuated on his approach, the French retiring to
Isle Aux Noix, where General Amherst could not follow them, for
want of a naval armament. On the 6th of the same month, Fort
Niagara was invested by Sir William Johnston, who succeeded to
the command of the Niagara division of the army on the death of
General Prideaux, an able and distinguished officer,
unfortunately killed, four days previously, by the bursting of a
cohorn. A general battle took place on the 24th, which decided
the fate of Niagara, by placing it in the hands of the
invaders.

The intended campaign of 1759, was early made known to General
Montcalm: that on Quebec was made known to him on the 14th of
May, by M. de Bougainville, appointed on the Marquis’ staff, as
Aid-de-Camp. In January, a census of those capable of bearing
arms in Canada was taken, when 15,229 were reported as available
for service. Montcalm went energetically to work to preserve the
country to France. A council of war was held at Montreal, and it
was decided that a body of troops, under Montcalm, the Marquis de
Levi, and M. de Jennezergus, should be posted at Quebec; that M.
de Bourlemaque should hasten to Ticonderoga, blow up the works at
the approach of the English, retire by the Lake to Isle-aux-Noix,
and there stubbornly resist. With 800 regulars and militia, the
Chevalier de la Corne was directed to hold the rapids above
Montreal, to entrench himself in a strong position, and hold out
to the last. It is, therefore, obvious, that the evacuation of
Ticonderoga was determined upon; and that the retention of
Niagara was not much desired. The intended march upon Quebec, by
a large force from England, caused the greatest uneasiness.
Montcalm, hastening to Quebec, pushed on the defences of the city
and its outposts vigorously. The buoys, and other marks for the
safe navigation of the St. Lawrence were removed. Proclamations,
calling upon the people to make a determined resistance, were
issued. The people were reminded that they were about to contest
with a powerful and ruthless enemy of their religion and their
homes. The Church urged the faithful to resist the heretical
invaders.

General Wolfe was in the harbour of Quebec before either
Ticonderoga or Niagara had fallen. Eight thousand men had been
embarked at Louisbourg, under convoy of Admirals Saunders and
Holmes. The expedition arrived without accident off the Island of
Orleans, where the troops were disembarked, on the 25th of June.
General Wolfe, three days afterwards, issued an address to the
colonists. He appealed to their fears. General Amherst was
approaching in one direction, Sir W. Johnston in another, and he
(Wolfe) was at their very doors. Succour from France was
unobtainable. To the peasantry he, therefore, offered the sweets
of peace, amid the horrors of war. The French colonists, however,
were ignorant of the English language as of English customs. They
saw no sign of fine feeling towards themselves in so large a
fleet and so considerable an army. Every obstacle that could be
placed in the way of an invading force, the French colonists
patriotically placed in the way of General Wolfe. They readily
formed themselves into battalions for defence. They hung about
the skirts of that part of the army which had been landed,
cutting off foraging parties, and otherwise harassing it. They
prayed in the churches for the preservation of their country. The
most noble spirit animated the Canadians. General Monckton was
sent to drive the French off Point Levi, opposite Quebec, and
take possession of the post. He succeeded. Batteries were thrown
up and unceasingly worked. The firing was, but however, of little
use, only the houses of the town being injured. The
fortifications were not only uninjured, they were being rapidly
strengthened. More energetic measures were determined upon. Wolfe
crossed the river and attacked the enemy in their entrenchments,
at Montmorenci. But, some of the boats in which the soldiers had
crossed, unluckily grounded, and the attacking party did not all
land together. The grenadiers rushed impetuously forward, without
even waiting to form, and were mowed down by the enemy’s close,
steady, and well directed fire. Montcalm’s force now advanced to
the beach, and the contest waxed hotter. A thunder storm was
approaching, and the tide was setting in. Wolfe, fearing the
consequences of delay, ordered a retreat, and returned to his
quarters, on the Island of Orleans. He lost six hundred of the
flower of his army in this unhappy encounter, and left behind him
some of his largest boats. The condition of the invaders was far
from enviable. Sickness prevailed to an alarming extent in the
camp. They had been already five weeks before the city, and many
lives had been lost, not only in skirmishes, but by dysentery.
Wolfe himself fell sick. Depressed in spirits by the disastrous
attempt to land on the Beauport shoals, and worn down with
fatigue and watching, he was compelled to take to his bed. It was
while lying ill that the plan occurred to him of proceeding up
the river, scaling the heights by night, and forcing Montcalm to
a general engagement. On his recovery he proceeded to carry his
plan into execution. A feint of landing again at Beauport was
made. The boats of the fleet, filled with sailors and marines,
apparently made for the shore, covered by a part of the fleet,
the other part having gone higher up the river. At one hour after
midnight, on the 12th September, the fleet being now at anchor at
the narrows of Carouge, the first division of the army,
consisting of 1,600 men, were placed in flat bottomed boats,
which silently dropped down the current. It was intended to land
three miles above Cape Diamond, and then ascend to the high
grounds above. The current, however, carried the boats down to
within a mile and a half of the city. The night was dismally
dark, the bank seemed more than ordinarily steep and lofty, and
the French were on the qui vive. A sentinel bawled out,
Que vive,” who goes there? “La France,” was the
quick reply. Captain Macdonald, of the 78th Highlanders, had
served in Holland, and knew the proper reply to the challenge of
a French sentry. “A quel regiment?” asked the sentry, “De la
Reine” was the response. “Passe” said the soldier, who made the
darkness vibrate as he brought his musket to the carry. Other
sentinels were similarly deceived. One was more particularly
curious than the others. Something in the voice of the passing
friend did not please his ear. Running down to the water’s edge,
he called “Pour quoi est-ce que vous ne parlez plus haut,” why
don’t you speak louder? “Tais toi, nous serons entendu!” Hush, we
shall be overheard and discovered, said the cunning highlander,
still more softly. It was enough, the boats passed. Within one
hour of daylight a landing was effected, and the British army
began to scale the heights, the base of which was then washed by
the St. Lawrence. By daylight, the army was drawn up in battle
array, on the “Plains of Abraham.” The ground was somewhat
undulating, and well calculated for manœuvring. Every knoll
was taken advantage of. Every little hillock served the purpose
of an earthwork. For the invaders it was victory or death. To
retreat was impossible. The position of the British army was
speedily made known to Montcalm. There was not a moment to be
lost. The French General rapidly crossed the St. Charles, and
advanced with his whole army, to meet that of Wolfe. Fifteen
hundred Indians first ascended the hill, from the valley of the
St. Charles, and stationing themselves in cornfields and bushes,
fired upon the English, who took no notice of their fire. Between
nine and ten o’clock, the two armies met, face to face, and when
the main body of the French, advancing rapidly, were within forty
yards, the English opened their fire, and the carnage was
terrible. The French fought gallantly, but under a galling and
well directed fire, they fell, in spite of the exertions of their
officers, into disorder. The British Grenadiers charged at this
critical moment. The Highlanders rushing forward, with the
claymore, hewed down every opponent, and the fate of the battle
was no longer doubtful—the French retreated. Wolfe had just
been carried to the rear, mortally wounded in the groin. Early in
the battle, a ball struck him in the wrist, but binding his
handkerchief around it, he continued to encourage his men. It was
while in the agonies of death, that he heard the cry of “they
flee,” “they flee,” and on being told that it was the French who
fled, exclaimed, “Then I die happy.” His second in command,
General Monckton, was wounded and conveyed away, shortly after
assuming the direction of affairs, when the command devolved upon
General Townshend who followed up the victory, rendered the more
telling by the death of the brave Montcalm, who fell, mortally
wounded, in front of his battalion, and that of his second in
command, General Jennezergus, who fell near him. Wolfe’s army
consisted of only 4,828 men, Montcalm’s of 7,520 men, exclusive
of Indians. The English loss amounted to 55 killed and 607
wounded, that of the French to nearly a thousand killed and
wounded; and a thousand made prisoners. Montcalm was carried to
the city; his last moments were employed in writing to the
English general, recommending the French prisoners to his care
and humanity; and when informed that his wound was mortal, he
sublimely remarked:—”I shall not then live to see the
surrender of Quebec.” On the 14th he died, and on the evening of
the 18th the keys of Quebec were delivered up to his conquerors,
and the British flag was hoisted on the citadel. French imperial
rule had virtually ended in Canada. Not so, French customs. By
the capitulation, which suffered the garrison to march out with
the honors of war, the inhabitants of the country were permitted
the free exercise of their religion; and, afterwards, in 1774,
the Roman Catholic Church establishment was recognized; and
disputes concerning landed and real property were to be settled
by the Coutume de Paris. In criminal cases only was the
law of England to apply.

Admiral Saunders, with all the fleet, except two ships, sailed
for England, on the 18th of October, Quebec being left to the
care of General Murray and about 3,000 men. After the fleet had
sailed, several attempts were made upon the British outposts at
Point Levi, Cape Rouge, and St. Foy, unsuccessfully. Winter came,
and the sufferings of the conquerors and the conquered were
dreadful. The Frazer Highlanders wore their kilts,
notwithstanding the extreme cold, and provisions were so scarce
and dear, that many of the inhabitants died of starvation. The
Marquis de Vaudreuil, the Governor General of His Most Christian
Majesty, busied himself, at Montreal, with preparations for the
recovery of Quebec, in the spring. In April, he sent the General
De Levi, with an army of 10,000 men, to effect that object. De
Levi arrived within three miles of Quebec, on the 28th, and
defeated General Murray’s force of 2,200 men, imprudently sent to
meet him. The city was again besieged, but this time by the
French. Indeed, it was only on the appearance of the British
ships, about the middle of May, that the siege was raised. De
Levi retreated to Jacques Cartier. The tide of fortune was again
turning. General Amherst was advancing from New York upon
Montreal. By the middle of May, that city, and with it the whole
of Canada, including a population, exclusive of Indians, of
69,275 souls, was surrendered to England.

Montcalm, who was not only a general, but a statesman, is said
to have expressed himself to the effect, that the conquest of
Canada by England would endanger her retention of the New England
colonies, and ultimately prove injurious to her interests on this
continent. Canada, not subject to France, would be no source of
uneasiness or annoyance to the English colonists, who already
were becoming politically important, and somewhat impatient of
restraint. How far such an opinion was justifiable, is to be
gathered from the condition of Canada and the colonies of Great
Britain in America, at this hour.

Canada was, in 1763, ceded by His Most Christian Majesty, the
King of France, to His Britannic Majesty King George the Second.
Emigration from the United Kingdom to Canada was
encouraged—not to Canada only, but to Nova Scotia, which
then included the present Province of New Brunswick. By the
treaty of 1763, signed at Paris, Nova Scotia, Canada, the Isle of
Cape Breton, and all the other Islands in the Gulf and River St.
Lawrence, were ceded to the British Crown. Britain, not only
powerful in arms, but, even at this period, great in commerce,
was about to change, though almost imperceptibly, the feelings of
her new subjects. The old or New England colonies, which had so
largely contributed to the subjugation of Canada, were already
largely engaged in trade. They had not made much progress in
agriculture. They had made no progress in manufactures. It was
six years later before their first collegiate institution, at
Hanover, New Hampshire, was founded. But, while Canada, perhaps,
only loaded a couple of vessels with the skins of the bear, the
beaver, the buffalo, the fox, the lynx, the martin, the minx, and
the wolf, to prevent the total evaporation of heat from the
shoulders of the gentler sex in Paris or London, or to fringe the
velvet robes of the courtiers of St. James and the Tuileries, the
New Englanders employed, annually, about one thousand and
seventy-eight British vessels, manned by twenty-eight thousand
nine hundred seamen, while their whale and other fisheries had
become of great importance.[4] To change the military
character of the sixty-nine thousand inhabitants of Canada ceded
by France to England, could not be done immediately. That was as
impossible as to make them abjure by proclamation, their
religion. All changes, to be lasting, must be gradual, and the
government of Great Britain only contemplated a lasting change,
by the introduction into Canada of her own people, imbued with
somewhat different ideas, religiously, legally, and commercially,
from those which actuated the conquered population.

CHAPTER II.

For some years after the conquest, the form of government was
purely military. It was, indeed, only in 1774, that two Acts were
passed by the British government, one with the view of providing
a revenue for the civil government of the Province of Quebec, as
the whole of Canada was then termed, the other, called “The
Quebec Act,” defining the boundaries of the Province, setting
aside all the provisions of the Royal proclamation, of 1763, and
appointing a governing Council of not more than twenty-three, nor
less than seventeen persons. And whatever may have been the
motive for this almost unlooked for liberality on the part of the
mother country, it is not a little singular that only a year
later, England’s great difficulty with her old colonies occurred.
The Parliament of Great Britain had imposed, without even
consulting the colonists, a tax for the defence and protection of
the colonies, on clayed sugar, indigo, coffee, &c., and the
colonists resisted. The American colonies contended that taxation
and representation were inseparable, and that having no voice in
the administration of affairs, they were free from any taxation,
but that which was self-imposed, for local purposes. So far,
however, from paying any heed to the remonstrances of the
colonists, the Imperial Parliament became more exacting and
tyrannical. Not only were the necessaries of life taxed in
America, for the benefit of the red-tapists and other
place-holders of the Imperial government, but a stamp Act was
passed through the Imperial Parliament, ordaining that
instruments of writing—bonds, deeds, and
notes—executed in the colonies, should be null and void,
unless executed upon paper stamped by the London Stamp Office. It
was then that a coffin, inscribed with the word “Liberty
was carried to the grave, in Portsmouth, Massachusetts, and
buried with military honours! Had the views of Governor Pownall,
of Massachusetts, with regard to the representation of the
colonies in the British Parliament, been adopted, no umbrage
could have been taken at the imposition of taxes, because the
colonies would have been open to civil and military preferment in
the state equally with the residents of the United Kingdom. It
was, and is, an unfortunate mistake to look upon colonists with
contempt. Colonists, more even than the inhabitants of old
countries, inhale a spirit of independence. Often, lords of all
they survey, they call no man lord. They are the pioneers of
their own fortunes. They make glad the wilderness. They produce
more than they themselves require. But Great Britain was, at the
time of which we speak, perfectly infatuated. On the 4th of Sept.
of the very year in which the Quebec Act was granted, 1774, a
Continental Congress was held, of which Peter Randolph, of
Virginia, was President, to sympathize with the people of Boston,
on account of their disabilities, by reason of the tea
riot.[5] But such Congresses produced no
effect in England. On the contrary, Massachusetts was more
rigorously punished, and was prevented from fishing on the Banks
of Newfoundland. Is it wonderful that the battles of Lexington,
Concord, and Bunker’s Hill followed? Is it wonderful that those
who had assisted Wolfe in taking Canada from the French, should
have afterwards attempted to conquer Canada for themselves? Is it
wonderful that, on the 3rd of November, 1775, one of Washington’s
Brigadier Generals, Montgomery, should have received the
surrender of 500 regular British troops, at St. John’s, Canada
East; the surrender of one hundred Canadians, of thirty-nine
pieces of cannon, of seven mortars, and of five hundred stand of
arms? Is it wonderful that Montreal, then so thinly inhabited and
indifferently garrisoned, should have capitulated, or that Quebec
should have been invested by Arnold, who sailed down the
Chaudiere on rafts, and by Montgomery, to whom Montreal had
capitulated? It is only wonderful that Quebec was successfully
defended, and that General Montgomery perished under her walls.
Canada, notwithstanding the temporary annexation of Montreal, was
true to Great Britain, feeling that whatever might have been the
injustice of Britain to the old Colonies, Canada had nothing then
of which to complain. Indeed, the attack upon the newly ceded
province of Canada, was amongst the earliest demonstrations of a
disposition on the part of the old Colonies to resort to
violence. “The Quebec Act” was in itself a cause of offence to
them. On the 21st of October, 1774, the following language was
made use of by the Congress, in reference to that Act, in an
Address to the people of Great Britain:—”Nor can we
suppress our astonishment, that a British Parliament should ever
consent to establish in that country, a religion that has deluged
your Island in blood, and dispersed impiety, bigotry,
persecution, murder, and rebellion through every part of the
world.” And “That we think the Legislature of Great Britain is
not authorized by the Constitution to establish a religion
fraught with sanguinary and impious tenets.” The attack was of a
two-fold nature. Both the sword and the pen were brought into
requisition. It was supposed by the discontented old colonists,
that the boundary of the lakes and rivers which emptied
themselves into the Gulf of St. Lawrence, and had formed the
natural barrier between two nations, until the peace of Paris, in
1763, when Canada passed from the dominion of France to that of
the British Crown, formed no boundary to British rule, as the
sway of the Anglo-Saxon race was now fully established over the
whole of the northern part of the continent; and it was further
supposed, that it was, therefore, proper to detract, if possible,
from the power of Great Britain, to harm the revolutionary
colonists on the great watery highway of the lakes and rivers, or
to prevent such a united force of Colonial and Provincial
inhabitants as might counterbalance, in a great measure, the
pertinacious loyalists who were to discountenance American
appeals for justice,—the warfare, before the declaration of
American Independence, being “neither against the throne nor the
laws of England, but against a reckless and oppressive
ministry.”[6] Efforts were, for such reasons,
made to obtain possession of the keys of the Lakes and of the St.
Lawrence at Quebec and Montreal. The old colonists were to make a
war of political propagandism on Canada and they resolved upon
the employment of both force and persuasion. Generals Montgomery,
Arnold, and Allen invaded Canada, and, to a certain point, with
complete success. After the successes of the two latter officers
at Ticonderoga and Crown Point, Arnold pushed on towards Quebec,
through the wilderness, and had ascended the heights of Abraham
before Montgomery, who had proceeded towards Quebec from
Montreal, had arrived. Under these circumstances, Arnold retired
about twenty miles above Quebec, to wait for Montgomery.
Meanwhile, the Governor of Canada, Sir Guy Carleton, had escaped,
through Montgomery’s army, in the dead of night, in an open boat,
rowed with muffled oars, and guided by Captain Bouchette, of the
Royal Navy, and was now safely lodged in the chief fortress of
America. On the 1st of December, Montgomery effected a junction
with Arnold, and the siege of Quebec was commenced, although the
besiegers were most indifferently provided with camp equipage,
and were poorly clad. Their cannon, too, was of so small a
description, as to be almost useless. The design evidently was to
carry the town, which was not then nearly as strongly fortified
as now, and was only garrisoned by a few troops, militia, and
seamen, by assault, in the full persuasion that the Canadians
would be only most happy to be identified with the American
struggle for liberty, or by being neutral, would show to the
ministry of England the formidable animosity of a united
continent, by which the ends of the old colonists would be
gained, and the war nipped in its ripening bud.[7] This,
Generals Montgomery and Arnold were unable to do. The attempt was
made on the 31st December, but signally failed. Arnold proceeded
with one division towards Sault-au-Matelot Street, by way of St.
Roch’s, and succeeded in establishing himself in some houses at
the eastern extremity of that street, but being attacked in the
rear, by a part of the garrison, directed by General Carleton to
make a sortie from Palace Gate, only a remnant of the assailants,
with considerable difficulty, managed to get back to camp.
Montgomery approached by the road under the Cape, called
Près-de-Ville, with another division, but was stoutly
resisted, and fell mortally wounded. After the attack,
Montgomery’s body was found embedded in the snow, together with
the bodies of his two Aides-de-Camp, Captain McPherson and
Captain Cheeseman. Arnold now retired about three miles from
Quebec, where he encamped during the winter.

On the 15th of February, 1776, the American Congress appointed
Dr. Benjamin Franklin, Samuel Chase, and Charles Carroll, of
Carrollton—the last mentioned gentleman being requested to
prevail upon his brother, the Revd. John Carroll, a Jesuit of
distinguished theological attainments, and celebrated for his
amiable manners and polished address, to accompany them—to
proceed to Canada with the view of representing to the Canadians
that the Americans south of the St. Lawrence, “had no
apprehension that the French would take any part with Great
Britain; but that it was their interest, and, the Americans had
reason to believe, their inclination, to cultivate a friendly
intercourse with the colonies.” They were to have religious
freedom, and have the power of self-government, while a free
press was to be established, to reform all abuses.[8] The
Committee, or, more properly speaking, the Commission, were,
however, far from being successful in their attempt to negotiate
Canada into revolt. The clergy of Canada could not be persuaded
that, as Roman Catholics, they would be better treated by the
Revolutionary colonists than they had been under the British
government, after the expression of such sentiments as those
addressed to the people of Great Britain, on the 21st of October,
1774. The Americans, uncouth in manners, were, in truth, most
intolerant of papacy. In the “Cradle of American Liberty,” a
dancing school was not permitted. While in Boston a fencing
school was allowed, there were no musicians permitted to exist,
and the anti-papal character of the people was even more evident
from the fact, that the first thing printed in New England was
the Freeman’s Oath! the second an almanac; and the third an
edition of the psalms.

On the day after the Reverend Mr. Carroll had failed in his
part of the mission, joined Dr. Franklin, and returned to the
South, Chase and Carroll of Carrollton had been busy with the
military part of their embassy. At a council of war held in
Montreal, it was resolved to fortify Jacques Cartier—the
Richelieu Rapids, between Quebec and Three Rivers—and to
build six gondolas at Chambly, of a proper size to carry heavy
cannon, and to be under the direction of Arnold. But disasters
thickened around the insurgents. The small pox had broken out
among the troops, and was making deep inroads upon their scanty
numbers. To crown the whole, the worst news was received from the
besiegers at Quebec, for out of 1,900 men, there were not more
than 1,000 fit for duty, all the rest being invalids, chiefly
afflicted with the small-pox. On the 5th of May, 1776, a council
of war was held at Quebec, and it was resolved to remove the
invalids, artillery, batteaux, and stores higher up the river;
but, on the evening of that day, intelligence was received in the
American camp, that fifteen ships were within forty leagues of
Quebec, hastening up the river; and early next morning, five of
them hove in sight. General Thomas immediately gave orders to
embark the sick and the artillery in the batteaux, whilst the
enemy began to land their troops. About noon, a body of the
British, a thousand strong, formed into two divisions, in columns
of six deep, and supported with a train of six pieces of cannon,
attacked the American sentinels and main guard. The Americans
stood for a moment on the plains, with about 250 men and
one field piece only, when the order for retreat was
given, and the encampment was precipitately deserted. In the
confusion, all the cannon of the besiegers fell into the hands of
the British, and about 200 invalids were made prisoners.
Following the course of the river, the broken army of the
Americans fled towards Montreal, and halting for a while at
Deschambault, finally retreated along the St. Lawrence, until
they made a stand at Sorel, with the view to an “orderly retreat
out of Canada.”[9] By the 18th of June, the
British General, Burgoyne, was close behind Arnold, who now, with
the whole of the American army, had quitted Canadian soil, and
was proceeding somewhat rapidly up the Richelieu, into Lake
Champlain.

In the very year that Arnold retired from Quebec, on the 4th
of July, 1776, the thirteen now confederated colonies, on the
report of Thomas Jefferson, John Adams, Benjamin Franklin, Roger
Sherman, and Phillip Livingston, dissolved their allegiance to
the British Crown, declaring themselves to be free and
independent. The lions, sceptres, crowns, and other paraphernalia
of royalty were now rudely trampled on, in both Boston and
Virginia. Massachusetts, and, shortly afterwards, New York, were,
indeed, in the possession of rebels, commanded by Washington. It
was then that, in 1777, the execution of a plan of attacking the
New Englanders, by way of Canada, was entrusted to General
Burgoyne, who, with some thousands of troops, a powerful train of
artillery, and several tribes of Indians, proceeded down Lake
Champlain, to cut off the northern from the southern colonies of
the rebellious confederation. Burgoyne chased the American
General St. Clair out of Ticonderoga; hunted Schuyler to
Saratoga; destroyed the American flotilla on Lake Champlain;
demolished bridges, and reduced forts. He, nevertheless, met with
a severe check at Bennington, Vermont. Being at Fort Edward, he
sent Colonel Baum, with a detachment of the army to seize a
magazine of stores at Bennington. When within a few miles of that
place, however, Baum learned that the Americans were strongly
entrenched. He, therefore, halted, and sent to Burgoyne for a
reinforcement. But the American General Stark, who had a large
body of Vermont Militia under his command, in addition to his
ordinary New Hampshire corps, now determined to be the assailant.
With only 500 regulars and 100 Indians, Colonel Baum did not
consider it prudent to fight a body vastly superior in numbers,
and he retreated. Assistance reached him at this critical moment,
which seemed to make a battle, if not expedient, a point of
honour. Unfortunately the sense of honour prevailed, Baum gave
battle, and was himself slain and his men defeated, the British
loss being 700 in killed and wounded, while that of the Americans
was only about 100. It was a pity that Baum had not the moral
courage to retire, even when reinforced, for his defeat much
embarrassed Burgoyne, and made an attempt at a general retreat
even necessary, as the courage of the enemy had so increased by
the moral effect of a victory, that Burgoyne was in danger of
being surrounded by the hordes of State Militiamen who, on all
sides of him, were taking the field. Burgoyne was, nevertheless,
still on the advance, with the main body of his army, and was
approaching Saratoga, when he heard of the defeat of Baum.
Unwilling to retreat, and yet unable to advance, he hesitated,
but ultimately decided upon returning. That, however, was now
impossible. He had hardly turned his face towards the place from
whence he came, than he fell in with General Gates, losing about
600 men; and he had hardly realized his loss, when he learned
that Fort Edward, which stood between him and Canada, was in the
possession of the enemy. No avenue of escape appeared open, and
this fine army from Canada, consisting of five thousand seven
hundred effective men, with General Burgoyne at their head, laid
down their arms to the American General Gates, at Saratoga. Even
according to the testimony of Lady Harriet Ackland, Burgoyne,
though sufficiently brave for anything, was quite incompetent for
command. He had neither resources nor strategy. He knew neither
what to do nor what he was doing. He neither knew when to advance
nor when to retreat. It was all haphazard with him. Through his
very stupidity an army was positively sacrificed. Lord
Cornwallis, afterwards, easily defeated Gates. And in the
campaign of 1780, Washington was himself in straits. His
commissariat was wretchedly bad. For days the medical department
of his army had neither sugar, coffee, tea, chocolate, wine, nor
spirituous liquors of any kind; and the army had not seen the
shadow of money for five months. A junction cleverly effected
between the two British armies might have changed, or rather
checked the destinies of the Confederated Colonies. But, by the
awkwardness, carelessness, and want of prudence of Burgoyne, in
the first place, Cornwallis got also hemmed in, being intercepted
on one side by the French fleet, and on the other by the army
commanded by Washington, and he capitulated after his defeat at
Yorktown, in September, 1781. Had a line of communication
northward been maintained for the British army, even seven
thousand men might have escaped the blockade of the sixteen
thousand militia, under Washington, to whom the conqueror of
Charleston was compelled, by the fortune of war, to present his
sword. The stupidity of the British Generals, combined with the
previous stupidity of the Imperial administrations, led to the
evacuation of those colonies by Great Britain, to which she was
in a great measure indebted for the acquisition of Port Royal and
Louisbourg in Nova Scotia, and for Niagara, Frontenac, Montreal,
and Quebec in Canada. The prediction of Montcalm had come to
pass. The United States were independent. But, however much the
war in America, between Great Britain and her own old colonies,
had temporarily interfered with, it had paved the way for a more
extended, commerce in Canada. There were men in New England who
would not, on any account, be rebels. Many of these, with their
families, sought an asylum in Canada, and the advancement of the
Far West, on the British side of the lines, is, in no small
degree, to be attributed to the integrity and energy of those
highly honourable men. Canada was then entirely, or almost
entirely, under military rule. It could not well be otherwise.
The necessities of the times required unity of action. There was
no room for party squabbling, nor were there numbers sufficient
to squabble. The province, the population of which did not extend
beyond Detroit, a mere Indian trading post, and beyond which it
was expected civilisation could not be extended for ages, was
divided into two sections, the western and the eastern. Sir Guy
Carleton, afterwards Lord Dorchester, had divided all west of the
monument of St. Regis into four districts, after the manner of
ancient Gaul, which he termed Lunenburg, Mecklenburg, Nassau, and
Hesse; and the Seminary of Quebec had cut up the eastern section
into parishes, distinguished by cross roads. In the lower section
of the province, the bonnets rouges and bonnets
bleus
were on the increase, but the increase was like that of
the frogs: it was multiplying in the same puddle, with the same
unchanging and unchangeable habits. The peaweeting, the
whistling, the purring, and the whizzing, were only the louder,
as the inhabitants became more numerous. There was no idea of
change of any kind. Language, manners, and knowledge were the
same as they ever had been: only the pomp of the church had
succeeded to the pomp and circumstance of war. There was no more
industry, no more energy, no more scientific cravings, and no
earnest pursuit of wealth. All was contentment. Even by the
authorities, no desire to awaken the Franco-Canadian from his
slumber, was entertained. On the contrary, the restless United
Empire loyalists were to be separated from them. The isolation of
Lower Canada from the rest of the world was to be as complete as
possible.

Not very long after the declaration of American Independence,
Canada was divided, by Act of the Imperial Parliament, into two
distinct provinces, called Upper Canada and Lower Canada. Mr.
Adam Lymburner, a merchant of Quebec, not being particularly
anxious for isolation, appeared at the bar of the House of
Commons on behalf of himself and others. He was against the
separation. The united province was not even in a condition to
maintain a good system of government. Oppressed by the tyranny of
officials, industry and improvement had been neglected, and a
state of languor and depression prevailed. The public buildings
were even falling into a state of ruin and decay. There was not a
Court House in the province, nor a sufficient prison nor house of
correction. Nor was there a school house between Tadousac and
Niagara. The country upon the Great Lakes was a wilderness.
Lymburner did not, however, prevail. The British government
desired to put the United Empire loyalists upon the same footing
with regard to constitutional government as they had previously
enjoyed before the independence of the United States in that
country, a condition about which a certain class of merchants in
Quebec have always been indifferent. Lord Dorchester was
appointed Governor-in-Chief in Canada, and administrator in Lower
Canada, while General Simcoe was named Lieutenant Governor of
Upper Canada. General Simcoe selected for his capital
Niagara,[10] and resided there at Navy
Hall. On the site of Toronto, in 1793, there was a solitary
wigwam. That tongue of land called the peninsula, which is the
protection wall of the harbour, was the resort only of wildfowl.
The margin of the lake was lined with nothing else but dense and
trackless forests. Two families of Massassagas had squatted
somewhere in the neighbourhood of the present St. Lawrence Hall
when General Simcoe removed to little York with his canvass
palace, and drew around him the incipient features of a Court.
The progress in material improvement in this country may be
guessed at from the then condition and the present state and
appearance of Toronto. The revenue of the country between 1775,
and 1778, was not over £10,000. The salary of the
Governor-in-Chief was only £2,500.

During the American War, the Canadians, though they exhibited
no signs of disaffection to Great Britain, did not ardently lend
a helping hand against the enemy. Being appealed to by Middleton,
the President of the Provisional Congress of Rebel
States,—who told them that their Judges and Legislative
Council were dependent on the Governor, and their Governor
himself on the servant of the Crown in Great Britain; that the
executive, legislative, and judging powers were all moved by nods
from the Court of St. James; and that the Confederated States
would receive their ancient and brave enemies on terms of
equality—the Canadians stood firm in their new allegiance.
It is more than probable, indeed, that the bombastic state paper
never reached the ears of those for whom it was intended. There
was no press in Canada at that period, and only one newspaper,
the “Quebec Gazette,” established by one Gilmore, in 1764.
Unable, as the majority of the French were, to read their own
language, it was not to be expected that they could read English.
Still less is it to be supposed that His Excellency Lord
Dorchester circulated it in French. Lord Dorchester was
exceedingly prudent in his administration of affairs,
and,—unlike Governor Murray, who, by the way, was succeeded
in the administration of the Government by Paulus Æmilius
Irving, Esquire, with Brigadier General Carleton for Lieutenant
Governor, obtained the affection of one race and the resentment
of the other,—conciliated both races. His lordship, in one
of his speeches “from the throne,” tells us that he “eschewed
political hypocrisy, which renders people the instruments of
their own misery and destruction.” There was, in truth, no
Parliament, in the proper sense of the term, then. Such artifices
as are now necessary for good legislation, had not therefore to
be resorted to.

On the political separation of the two sections of Canada, it
was agreed that Lower Canada should be permitted to levy the
duties on imports. Of all imports, Lower Canada was to receive
seven-eighths, and Upper Canada one eighth, and the revenue for
the year following the separation was £24,000, including
£1,205, the proportion of the duties belonging to Upper
Canada. In those days, a week was consumed in the transport of
the mail from Burlington in Vermont, via Montreal, to Quebec; but
yet there must have been wonderful progress from Governor
Murray’s time,—during which a Mr. Walker, of Montreal,
having caused the military much displeasure, by the imprisonment
of a captain for some offence, was assailed by a number of
assassins of respectability, with blackened faces, who entered
his house at night, cut off his right ear, slashed him across the
forehead with a sword, and attempted and would have succeeded in
cutting his throat, but for his most manly and determined
resistance—for on surrendering the government of Lower
Canada into the hands of General Prescott, previously to going
home to England, in the frigate “Active,” in which he was
afterwards wrecked on Anticosti, he was lauded in a most
obsequious address, by the inhabitants both of Quebec and
Montreal, the latter place then numbering a little more than
7,000 inhabitants, for his “auspicious administration of affairs,
the happiness and prosperity of the province having increased in
a degree almost unequalled.” General Prescott, not long after
Lord Dorchester’s return home, in a frigate from Halifax, after
the wreck of the “Active,” was raised to the Governor
Generalship. During the three years of this Governor’s rule,
nothing, politically or otherwise, important occurred in Canada.
Great Britain was successfully engaged in war with both France
and Spain, and in the former country a revolution had occurred
which preceded one of the most terrible periods on the page of
history. In Quebec, a madman named McLane, a native of Rhode
Island, fancying himself to be a French General, conceived the
project of upsetting British authority in Canada. He intended,
with the co-operation of the French Canadians, to make a rush
upon the garrison of Quebec. His imaginary followers were to be
armed with spears, and he dreamed of distributing laudanum to the
troops. Unfortunately for himself, he made known his plans to all
and sundry, and was rewarded for his indiscretion by being hanged
on Gallows Hill, as an example to other fools.

The next Governor of Lower Canada was Robert S. Milnes,
Esquire. Under his sway, something akin to public opinion sprang
up. So soon as the last of the Jesuits had been gathered to his
fathers, it was the purpose of the Imperial government to seize
upon the estates of “The Order.” Mr. Young, one of the Executive
Council, had, however, no sooner informed the House of Assembly
that His Excellency had given orders to take possession of these
estates as the property of George the Third, than the House went
into Committee and expressed a desire to investigate the
pretensions or claims which the province might have on the
college of Quebec. The Governor was quite willing to suffer the
Assembly to have copies of all documents, deeds, and titles
having reference to the estates, if insisted upon, but considered
it scarcely consistent with the respect which the Commons of
Canada had ever manifested towards their sovereign, to press the
matter, as the Privy Council had issued an order to take the
whole property into the hands of the Crown. The House considered
His Excellency’s reply, and postponed the inquiry into the rights
and pretensions alluded to. The next thing which this slightly
independently disposed Assembly undertook, was the expulsion of
one of its members, a Mr. Bouc, who had been convicted of a
conspiracy to defraud a person named Drouin, with whom he had had
some commercial transactions, of a considerable sum of money. He
was heard by Counsel at the Bar of the House, but was believed to
have been justly convicted, and was expelled. Again and again he
was re-elected, and as often was he expelled, and at last he was,
by special Act of Parliament, disqualified. Whether or not he was
the object of unjust persecution by the government, the moral
effect upon the country of the expulsion and disqualification of
a person in the position of Mr. Bouc, cannot be doubted. The
number of bills passed during a parliamentary session in those
days, was not considerable. Five, six, or eight appear to have
been the average. The income of the province was about
£20,000, and the expenditure about £39,000. Under
such circumstances, corruption was nearly impossible.

In the next session of parliament an attempt was made to
establish free schools, and the Royal Institution, for the
advancement of learning was founded. Nor was this all, an Act was
passed for the demolition of the walls that encircled Montreal,
on the plea that such demolition was necessary to the salubrity,
convenience and embellishment of the city. They were thrown down,
and in seventeen years after it was impossible to have shown
where they stood. The parliament did more. At the dictation of
the Governor, it assigned three townships for the benefit of the
officers, non-commissioned officers, and privates, who had served
during the blockade of Quebec, in 1775-6. Field officers were to
be entitled to 1,000 acres; captains to 700 acres, lieutenants
and ensigns to 500 acres, and non-commissioned officers and
privates to 400 acres each. Still another bill, of no mean
importance, was carried through the three branches of the
Legislature, the second branch being positively a House of Lords,
composed, as it was, of Lord Chief Justices and Lord
Bishops,—the mind, capacity, and education of the country.
No picture of the legislature of this time can be made. There
were no reporters nor any publication of debates. Newspapers were
in their infancy. Radicalism had not got hold of its fulcrum, and
the lever of public opinion was, consequently useless. Nay, in
anticipation, as it were, of the unruliness that afterwards
exhibited itself, the Governor, now Sir Robert Milnes,
recommended the culture of hemp in the province, and the Assembly
voted £1,200 for the experiment. An Agricultural Bureau, of
which the Governor was himself the President, was established,
but the cultivation of hemp was not more agreeable to the farmer
of Lower Canada then than it is now. The experiment did not
succeed. Jean Baptiste would raise wheat, which he knew would
pay, and would not raise hemp, which might or might not pay. He
was a practical, not a theoretical farmer. Like the “regular”
physicians of every period, and in every country, he practised
secundum artem, and eschewed dangerous theories and
unprofitable innovations.

About this period, 1802, land jobbing began. Vast grants of
territory were made to favourites and speculators, only to lie
waste, unless improved by the squatter. To obtain a princely
inheritance, it was only necessary to have a princely
acquaintance with the government, and, in some cases, the
Governor’s servants. Land was not put up to public competition,
but handsomely bestowed upon the needy and penniless Court
attendant. A Governor’s Secretary, a Judge’s nephew, or some
Clerk of Records was entitled to at least a thousand acres; the
Governor’s cook to 700 arpents. There was no stint, and no income
or land tax.

In 1803, Parliament “better regulated” the militia; the
revenue had increased to £31,000; the expenditure had
increased to £37,000, and the two Governors’ salaries to
£6,000; war re-broke out with France; the feeling of
loyalty throughout the province was enthusiastic; and offers to
raise volunteer corps were freely made.

During the next Session of Parliament, measures of some
importance occupied the attention of the Legislature. A bill was
passed, making provision for the relief of the insane and for the
support of foundlings. In all thirteen bills were passed, and the
revenue had increased one thousand pounds. It was the last
session of the third Parliament. In July the election of members
for the fourth Parliament took place. They were conducted, on the
whole, quietly, but were, nevertheless, vigorously contested.
Strong party feeling did not then run high, and there were no
prejudices against persons of respectable standing in society,
whatever might be their origin. Quebec had four representatives,
two of whom were of French extraction and two, apparently of
Scottish descent. Montreal was similarly represented. If there
were as representatives of Quebec a Grant and a Panet, a Young
and a De Salaberry, Montreal was represented by a Richardson and
a Mondelet, a McGill and a Chaboillez. The Parliament was
convened for the despatch of business on the 9th, and having
disposed of some contested elections proceeded energetically to
work. The idea of a Canal to overcome the difficulties of the
Lachine Rapids or Sault St. Louis suggested itself; and the
consideration of the expediency of its construction engaged the
attention of the House. The construction of a canal was not
considered within the means of the province, and a sum of only
£1,000 pounds was voted for the removal of impediments in
the rapids. A Seigniorial Tenure Bill, not dissimilar in
character to that which so very recently has become law, was
introduced, but fell through. The Gaols Act, imposing a duty of
two and a half per cent on imports, for the erection of common
gaols at Quebec and Montreal, was adopted. The trade was
dissatisfied, and, as has been too frequently the case, when the
merchants of this province have been dissatisfied with the Acts
of a Legislature, of whose acts, unless in so far as their own
business interests have been concerned, they have been altogether
indifferent, the trade petitioned the Imperial authorities
against the Act, representing with all the force of which they
were capable, the serious injury inflicted by it upon bohea,
souchong, hyson, spirits, wane, and molasses. The gaols were,
however, built, without direct taxation having been resorted to.
Another act of very considerable importance became law: that for
the better regulation of pilots and shipping, and for the
improvement of the navigation of the River St. Lawrence between
Montreal and the sea. By this Act the Trinity Houses were
established, the abolition of which has lately engaged the
serious attention of the Hon. William Hamilton Merritt. The
fourth Parliament, like its predecessors, possessed within
itself, some men of enterprize, energy, and independence. However
willing it might have been to treat the Governor with respectful
consideration, there was no disposition in it to become a mere
tool in the hands of those who took upon themselves to guide His
Excellency. They conceived that they had the power of
appropriating the revenue, of voting the supplies, and of paying
their own officers such salaries as they pleased. The French
Translator to the Assembly having applied for an increase of
salary, it occurred to the Assembly that the translator, Mr. P.
E. Desbarats, was a very efficient officer and worthy man, and
that it was within their province to pay him such a sum as they
estimated his services to be worth. But they did not arbitrarily
do that which it seemed to them they might have done. With
extreme courtesy, they addressed the Governor, begging that His
Excellency would make such addition to the salary of this officer
as to His Excellency might seem fit. So far, however, from
complying with a very reasonable request, Sir Robert regretted
the absence of some observances, the nature of which was never
ascertained, and felt compelled to resist a precedent which might
lead to injurious consequences. The Assembly were staggered. With
very considerable reason they were offended at the Executive, who
pretended to the right of money grants in the Assembly. The House
went into committee, by a majority of one, and were about to
consider His Excellency’s considerate message, when the Gentleman
Usher of the Black Rod appearing at the Bar, commanded the
attendance of the Commons at the Bar of the Upper House, where
His Excellency, somewhat bombastically prorogued the Parliament.
About to return to England, he was perfectly indifferent to the
censure of the Commons of Canada. He cared nothing for the effect
of a coup d’etat. He never dreamed of the possibility of a
misunderstanding between a Governor and his Legislature. It was
the first of the kind that he had known, and it was a duty which
he owed to his sovereign to nip it in the bud. Sir Robert, Mr.
Christie says, was not a popular Governor. Had that been his only
misfortune, it would have been well. He was, evidently, something
worse, in being only that which might emphatically be expressed
in a single word. A few grains of common sense in one or two
Governors of colonies would have saved England some millions of
pounds. Sir Robert Shore Milnes having ruled, or having been
ruled, for a period of six years, set sail for England, on the
5th of August, in H.M.S. Uranie, leaving Mr. Dunn, the Senior
Executive Councillor of Canada, to administer the government.

Lower Canada, however politically insignificant, with only
some £47,000 of revenue, was yet gradually rising into
something like commercial importance. In the course of 1805, one
hundred and forty-six merchant vessels had been loaded at Quebec,
and another newspaper, the Quebec Mercury, still existing,
and published in the English language, was established by Mr.
Thomas Cary. Montreal, only second in commercial importance to
Quebec, had also its newspapers, and already began to exhibit
that energy for which it is now preeminently conspicuous.
Toronto, the present “Queen City of the West,” was yet only
surrounded by the primeval forest, and thirty years later could
boast of but four thousand inhabitants, although, in 1822, “Muddy
Little York” was not a little proud of its “Upper Canada
Gazette,” and Niagara of its “Spectator.” Kingston had only
twenty wooden houses, while Detroit was the residence of but a
dozen French families. Upper Canada, indeed, contained scarcely a
cultivated farm, or even a white inhabitant, sixty or seventy
years ago.

Allusion has already been made to the division of Canada into
two provinces. A more particular allusion to that circumstance
will not be out of place. Already, General Simcoe, the Hon. Peter
Russell, and Lieut. General Hunter have ruled over the Upper, and
not the least interesting of the two provinces. The object of the
separation may have been to keep the Lower Province French as
long as possible, to prevent the consummation devoutly
anticipated by Montcalm, and the Duc de Choiseul, and to raise up
a conservative English colony in the Far West, to counteract the
growing power of the now United States. By the Union,
constitutions very distantly related to the British constitution
were conferred upon the two provinces. The 31st Act of George the
Third constituted a Legislative Council and Legislative Assembly
for each province. The Council was to be composed of at least
seven members, appointed by writ of summons, issued pursuant to a
mandamus under the sign manual of the Sovereign. The tenure of
appointment was for life, to be forfeited for treason or vacated
by swearing allegiance to a foreign power, or by two years
continual absence from the province without the Governor’s
permission, or four years of such absence without permission of
the Sovereign. The King could grant hereditary titles of honor,
rank or dignity. The Speaker of the Council was to be appointed
by the Sovereign or his representative. The Assembly was to be
elected by persons over twenty one years of age, subjects of the
British Crown, by birth or naturalization, possessing property of
the yearly value of forty shillings sterling, over and above all
rents and charges, or paying rent at the rate of ten pounds
sterling per annum. Here were, undoubtedly, three legislative
branches; but as the Legislative Assembly could, at the most,
only be composed of thirty members, many of whom would be half
pay officers, the Crown, through its representative, had a direct
and overwhelming preponderance. Yet, however unsuited such a
Parliament would be for the present time, however uncongenial it
might have been to the feelings of a Cobbett or Hunt-man, escaped
from Spa Felds ten or twenty years afterwards, it undoubtedly
well represented the conservative, semi-despotic feelings of the
military settler, or United Empire loyalist, a kind of privileged
being, whose very descendants were entitled to a free grant of
two hundred acres of land. When the Separation Act was before the
British Parliament, the public mind in England was to some not
altogether inconsiderable extent contaminated by the spurious
liberty-feeling of the French Revolution, and by the consequences
of the American strike for independence. “The Rights of Man,” as
enunciated by Paine, had infected many among the lower orders in
society, and not a few among the higher orders. Edmund Burke, Mr.
Chancellor Pitt, and Charles Fox, were members of the British
Parliament. By the Act, a provision for a Protestant Clergy, in
both divisions of the province, was made, in addition to an
allotment of lands already granted. The tenures in Lower Canada,
which had been the subject of dispute, were to be settled by the
local legislature. In Upper Canada the tenures were to be in free
and common soccage. No taxes were to be imposed by the Imperial
Parliament, unless such as were necessary for the regulation of
trade and commerce, to be levied and to be disposed of by the
legislature of each division of the former Province of Quebec. On
the 9th of April, 1791, the Separation Bill was somewhat
unexpectedly offered for the acceptance of the House of Commons.
Mr. Fox declared that he had not had time to read it, and felt
unwilling to express an opinion upon its merits. On a motion by
Mr. Hussey, “that the Bill be recommitted,” Mr. Fox, however,
remarked, that many clauses were unexceptionable. The number of
representatives, in his opinion, were not sufficient. An assembly
to consist of 16 or 30 members seemed to him to give a free
constitution in appearance, while, in fact, such a constitution
was withheld. The goodness of a bill, making the duration of
Parliaments seven years, unless dissolved previously by the
Governor, might be considered doubtful. In Great Britain, general
elections were attended with inconveniences, but in Canada,
where, for many years, elections were not likely to be attended
with the consequences which ministers dreaded, he could not
conceive why they should make such assemblies, not annual or
triennial, but septennial. In a new country the representatives
of the people would, for the most part, be persons engaged in
trade, who might be unable to attend Parliament for seven
consecutive years. The qualifications necessary for electors in
towns and counties were much too high. It seemed to him that
ministers intended to prevent the introduction of popular
government into Canada. While the number of the members of the
Assembly were limited, the numbers of the Council, although they
could not be less than seven members, were unlimited. He saw
nothing so good in hereditary powers or honours as to justify
their introduction into a country where they were unknown. They
tended rather to make a good constitution worse, than better. If
a Council were wholly hereditary, it could only be the tool of
the King and the Governor, as the Governor himself would only be
the tool of the King. The accumulation of power, confirmed by
wealth, would be a perpetual source of oppression and neglect to
the mass of mankind. He did not understand the provision made by
the Bill for the Protestant clergy. By Protestant clergy, he
understood not only the clergy of the Church of England, but all
descriptions of Protestants. He totally disapproved of the clause
which enacted that, “whenever the King shall make grants of
lands, one seventh part of those lands shall be appropriated to
the Protestant Clergy.” In all grants of lands made to Catholics,
and a majority of the inhabitants of Canada were of that
persuasion, one seventh part of those grants was to be
appropriated to the Protestant clergy, although they might not
have any congregation to instruct, nor any cure of souls. If the
Protestant clergy of Canada were all of the Church of England, he
would not be reconciled to the measure, but the greatest part of
the Protestant clergy in Canada were Protestant dissenters, and
to them one seventh part of all the lands in the province was to
be granted. A provision of that kind, in his opinion, would
rather tend to corrupt than to benefit the Protestant clergy of
Canada. The Bill, while it stated that one seventh of the land of
Canada should be reserved for the maintenance of a Protestant
clergy, did not state how the land so set aside should be
applied. With regard to the Bill, as it related to the regulation
of Appeals, he was not satisfied. Suitors were, in the first
instance, to carry their complaints before the Courts of Common
Law in Canada, to appeal, if dissatisfied, to the Governor and
Council, to appeal from their decision to the King in Council,
and to appeal from His Majesty’s decision to the House of Lords.
If the Lords were a better Court of Appeal than the King, the
Lords ought to be at once appealed to. By such a plan of
appealing, lawsuits would be rendered exceedingly expensive, and
exceedingly vexatious. He did not like the division of the
Province. It seemed to him inexpedient to distinguish between the
English and French inhabitants of the province. It was desirable
that they should unite and coalesce, and that such distinctions
of the people should be extinguished for ever, so that the
English laws might soon universally prevail throughout Canada,
not from force but from choice, and a conviction of their
superiority. The inhabitants of Lower Canada had not the laws of
France. The commercial code of laws of the French nation had
never been given to them. They stood upon the exceedingly
inconvenient “Coutume de Paris.” Canada, unlike the West
Indies, was a growing country. It did not consist of only a few
white inhabitants and a large number of slaves. It was a country
increasing in population, likely still more to increase, and
capable of enjoying as much political freedom, in its utmost
extent, as any other country on the face of the globe. It was
situated near a country ready to receive, with open arms, into a
participation of her democratic privileges, every person
belonging to Great Britain. It was material that a colony,
capable of freedom, and capable of a great increase of people,
should have nothing to look to among their neighbours to excite
their envy. Canada should be preserved to Great Britain by the
choice of her inhabitants, and there was nothing else to look to.
The Legislative Councils ought to be totally free, and repeatedly
chosen, in a manner as much independent of the Governor as the
nature of a colony would admit. He was perfectly desirous of
establishing a permanent provision for the clergy, but could not
think of making for them a provision so considerable as was
unknown in any country of Europe, where the species of religion
to be provided for prevailed.

It is impossible to do other than admire the farsightedness of
that great statesman, Charles Fox, with his blue coat and yellow
waistcoat, in this manly, sensible, and telling address. Time has
nearly brought round the state of things that he desired to see,
and if disembodied spirits can take an interest in things
earthly, it will be no small addition to his present state of
bliss to discover almost the realization of suggestions made
sixty years ago, before the Browns of this period were conceived,
and while the Rolphs were puling infants.

Mr. Chancellor Pitt did not join issue with Mr. Fox, but did
not consider it expedient to flash legislative freedom upon a
people. He thought that if the Assembly were not rightly
consolidated by the Bill, little harm was done, because there was
nothing to hinder the Parliament of Great Britain from correcting
any point which might hereafter appear to want correction. He did
not like the elective principle of democratic governments, and
with respect to the land appropriated to the clergy, like every
thing else provided by the bill, it was subject to revision.
Where land had been given in commutation of tithes, the
proportion of one seventh had grown into an established custom.
The Bill was re-committed. Next day the clauses of the Bill being
put, paragraph by paragraph, Mr. Burke eloquently defended its
provisions, ridiculed the “Rights of Man,” and almost
extinguished the light of the new lantern, which exhibited in the
academies of Paris and the club-rooms of London, the
constitutions of America and France as so much superior to that
of Great Britain. The distinguished orator was certainly more
declamatory than argumentative, and he was repeatedly called to
order. It was alleged that Mr. Burke had no right to abuse the
governments of France and America, as the “Quebec Bill” only was
before the House. Nay, there was something like a scene. Mr.
Burke complained of having been deserted by those, with whom he
formerly acted, in his old age, and Mr. Fox, with tears in his
eyes and strong emotion, declared that he would esteem and
venerate Burke to the end of time. The same cries of “order,”
“order,” “chair,” “chair,” “go on,” “go on,” that are heard in
our most tumultuous debates, in the Assembly, were frequent in
the course of the debate, and Mr. Burke was unable, on account of
the tumult, to proceed with his account of “the horrible and
nefarious consequences flowing from the French idea of the rights
of man.” The debating continued for a number of days, and the
Bill was read a third time on the 18th of May. When the report of
the Bill in Committee was brought up, on the 16th of May, the
House divided upon an amendment by Mr. Fox, to leave out the
clause of hereditary nobility, which amendment was lost by an
adverse majority of forty-nine. It was then moved, in amendment
to the Bill, by Mr. Chancellor Pitt, that the number of
representatives in the Assemblies should be fifty instead of
thirty, but that motion was also lost by an adverse majority of
fifty-one.

The government of Upper Canada was assumed by General Simcoe,
on the 8th of July, 1792. He carried out with him to Upper Canada
the Act constituting it into a province, and on the 18th of
September he was enabled to meet his Parliament. The capital of
the Province was at Newark, now Niagara. The seat of Government,
according to the Duke de la Rochefoucault Liancourt, who visited
it in 1795, consisted of about a hundred houses, “mostly very
fine structures.” Governor Simcoe apparently did not occupy one
of them, but a “miserable wooden house,”—formerly occupied
by the Commissaries, who resided there on account of the
navigation of the lake,—his guard consisting of four
soldiers, who every morning came from the fort, to which they
returned in the evening. It is difficult even to guess at the
appearance of the Parliament building. Assuredly it did not
require to be of great size. When the time arrived for opening
the Session, only two, instead of seven members of the
Legislative Council were present. No Chief Justice appeared to
fill the office of Speaker of the Council. Instead of sixteen
members of the Legislative Assembly, five only attended. What was
still more embarrassing, no more could be collected. The House
was, nevertheless, opened. A guard of honour, consisting of fifty
soldiers from the fort, were in attendance. Dressed in silk,
Governor Simcoe entered the hall, with his hat on his head,
attended by his Adjutant and two Secretaries. The two members of
the Council gave notice of his presence in the Upper House to the
Legislative Assembly, and the five members of the latter having
appeared at the Bar of the two Lords, His Excellency read his
speech from the throne. He informed the honorable gentlemen of
the Legislative Council and the gentlemen of the House of
Assembly, that he had summoned them together under the authority
of an Act of Parliament of Great Britain, which had established
the British constitution, and all that secured and maintained it
to Upper Canada; that the wisdom and beneficence of the sovereign
had been eminently proved by many provisions in the memorable Act
of Separation, which would extend to the remotest posterity the
invaluable blessings of that constitution; that great and
momentous trusts and duties had been committed to the
representatives of the province, infinitely beyond whatever had
distinguished any other British Colony; that they were called
upon to exercise, with due deliberation and foresight, various
offices of civil administration, with a view of laying the
foundation of that union of industry and wealth, of commerce and
power, which may last through all succeeding ages; that the
natural advantages of the new province were inferior to none on
this side of the Atlantic; that the British government had paved
the way for its speedy colonization; and that a numerous and
agricultural people would speedily take possession of the soil
and climate. To this speech the replies of the Council and
Assembly were but an echo. The seven gentlemen legislators
proceeded actively to business. An Act was passed to repeal the
Quebec Act, and to introduce the English law as the rule of
decision in all matters of controversy relative to property and
civil right; an Act to establish trials by jury; an Act to
abolish the summary proceedings of the Court of Common Pleas in
actions under ten pounds sterling; an Act to prevent accidents by
fire; an Act for the more easy recovery of small debts; an Act to
regulate the tolls to be taken in mills (not more than a twelfth
for grinding and bolting); and an Act for building a Gaol and
Court House in every district within the province, and for
altering the names of the said districts, the district of
Lunenburg to be called the Eastern District; that of Mecklenburg,
the Midland District; that of Nassau, the Home District; and that
of Hesse, the Western District.

Parliament was about a month in session, when it was prorogued
by His Excellency. On the 15th of October he gave the assent of
the Crown to the Bills passed, and in the prorogation speech,
made on the same day, he intimated his intention of taking such
measures as he deemed prudent to reserve to the Crown, for the
public benefit, a seventh of all lands granted or to be granted;
and he begged the popular representatives to explain to their
constituents, that the province was singularly blest with a
constitution the very image and transcript of the British
Constitution! There being only thirty thousand inhabitants in the
whole province, small as the Parliament was, the people, if not
fairly, were at least sufficiently represented. It is somewhat
doubtful, nevertheless, that a constitution which gave only a
quasi-sovereign to Upper Canada, neither directly, nor, as the
Governors of Canada now are, indirectly responsible to the
people, could have been the very image and transcript of the
British Constitution. There was a misty resemblance to that
celebrated and unwritten form of government, in the erection of
three estates—King, Lords, and Commons—and no more.
But, as it is sometimes expedient to be thankful for small
favors, it may have appeared to Governor Simcoe that the new
constitution of the colony was superior to that of England before
magna charta. Undoubtedly the Governor was an honest man,
a good soldier, a prudent ruler, liberally educated, and of
considerable mental capacity. He appears to have been a member of
the Imperial Parliament at the time of the passage of the
Separation Act, for when the report of the Bill was brought up in
the Commons, on the 16th of May, 1791, it appears by the debate,
that a Colonel Simcoe spoke in favor of the adoption of the
report, pronounced a panegyric on the British Constitution, and
wished it to be adopted in the present instance, as far as
circumstances would admit. Aware of the advantages which such a
colony as Upper Canada, if it attained perfection, might bring to
the mother country, he accepted the government of a mere
wilderness, to adopt means adequate for that purpose. Independent
in means, high in rank, possessed of large and beautiful estates
in England, Governor Simcoe, in the opinion of the Duke de la
Rochefoucault Liancourt, could have had no motive of personal
aggrandizement in view when he accepted the government of Upper
Canada. The General, however, loathed the Americans of the United
States. He had been with Burgoyne. He had tasted of that
officer’s humiliation. It was impossible for General Simcoe to
speak of the “rebels” calmly. A zealous promoter of the American
war, as well as participator in it, the calamitous issue of that
unfortunate and most deplorable struggle increased the intensity
of his bitterness. Although he did not hope for a renewal of the
strife, he trusted that if it were renewed, he might have the
opportunity of laying the country in waste, and of exterminating
the canting, hypocritical, puritanical, independents. He soon
perceived the folly of the Seat of Government being situated on
the very frontier, the more especially as Detroit was to be
surrendered to the very people whom he most detested. York, from
its security, situation and extent, seemed, at first glance, to
be the most desirable place. Determined, however, to do nothing
rashly, General Simcoe weighed the matter well in his mind. It
seemed to him that a town might be founded on the Thames, a river
previously called De La Trenche, which rises in the high lands,
between Lakes Ontario, Huron, and Erie, and flows into Lake St.
Clair, which would be most suitable, and in process of time, most
central. He even selected the site of a town upon the river,
which he had named the Thames, and called the site London. Indeed
it is somewhat astonishing that this excellent Anglo-tory, as the
Americans, south of 45°, doubtless, esteemed him, did not
call Sandwich, Dover; Detroit, Calais; and the then Western and
Home Districts of the western section of the Province, which is
almost an Island, England. The garden of Upper Canada, almost
surrounded by water, Governor Simcoe did intend, that as England
is mistress of the seas, so her offshoot, Canada, should be Queen
of the Lakes. Whatever might have been, or may yet be the natural
advantages of London, Canada West, for a seat of government, the
Governor General of British North America, Lord Dorchester, not
then on the best possible terms with General Simcoe, would not
hear of it, and he, notwithstanding the boast of the Lieutenant
Governor that Upper Canada had obtained the exact image and
transcript of the British Constitution, exercised a powerful
influence in the state. Lord Dorchester insisted that Kingston
should be the capital of the Upper Province. He was determined,
moreover, that if he could not prevail on the Imperial Government
to convert Kingston into the provincial capital, that the seat of
government should not be at the London of General Simcoe. He was
not favorable to York. A muddy, marshy, unhealthy spot, it was
unfitted for a city. Lord Dorchester, peevish from age, was, to
some extent, under the influence of the Kingston merchants, and
was inclined, by a feeling of gratitude, to grant the wishes of
Commodore Bouchette, who resided at Kingston, with his family,
and to whom Lord Dorchester was indebted for safe conduct through
the American camp, after Montreal had fallen into the hands of
Montgomery. Kingston, as a town, was then inferior even to
Newark, but the back country was in a more advanced state, as far
as cultivation was concerned. The number of houses in the two
towns was nearly equal, but the houses in Kingston were neither
as large nor so good as those of Newark. Many of the houses in
Kingston were merely log-houses, and those which consisted of
joiners work were badly constructed and painted. There was no
Town Hall, no Court House, and no Prison. The trade consisted
chiefly in furs, brought down the Lake, and in provisions brought
from Europe. There were only three merchant ships, that made
eleven voyages in the year. In the district, three or four
thousand bushels of corn were raised, and the surplus of that
required for the feeding of the troops and inhabitants was
exported to England, the price of flour being six dollars per
barrel. In 1791, a thousand barrels of salt pork were sent from
Kingston to Quebec, at a price of eighteen dollars a barrel. In
selecting a site for the seat of government, then, as now, local
interests were brought into play, but General Simcoe ultimately
succeeded in obtaining the permission of the Imperial authorities
to fix it at York.

The revenue of Upper Canada, in 1793, was only £900, and
the pay of the members of Assembly was $2 a day. There was a
Chief Justice and two Puisne Judges, the members of the Executive
Council, five in number, being a Court of Appeal; and the
Governor, with an assistant, formed a Court of Chancery. Murders
were of more frequent occurrence than other crimes, and were
rarely punished. There were Quakers, Baptists, Tunkers,
Presbyterians, and Roman Catholics without places of worship. The
ministers of the Episcopal Church in connection with the Church
of England, were the only clergymen paid by government.

Governor Simcoe’s schemes for the improvement of the country
and the development of its resources, are worthy of notice, as
being “extremely wise and well arranged.” The central point of
the settlements he designed to be between the Detroit River and
the plantations previously established in Lower Canada, within a
square formed by Lake Ontario, Lake Erie, Detroit River, and Lake
Huron. He conceived that Upper Canada was not only capable of
satisfying all the wants of its inhabitants, but also of becoming
a granary for England. He did not doubt but that the activity of
Upper Canada, in agricultural pursuits, would operate as a
powerful example in regard to Lower Canada, and arouse it from
its then supineness and indolence. He conceived that the vast
quantities of sturgeons in Lake Ontario would afford a successful
competition with Russia in the manufacture of isinglass or
fish-glue. The corn trade was, in his opinion, preferable to the
fur trade, which threw the whole trade of a large tract of
territory into the hands of a few. He detested military
government without the walls of the forts. To the Lieutenants of
each county he deputed the right of nominating the magistracy and
officers of militia. A justice of the peace could assign, in the
King’s name, two hundred acres of land to every settler, with
whose principles and conduct he was acquainted. The Surveyor of
the District was to point out to the settler the land allotted to
him by the magistrate. He did not care to enlarge his territory
at the expense of the Indians. It appeared to him that a
communication between Lakes Huron and Ontario might be opened, by
means of the St. Joseph’s river, which would relieve the fur
traders of the Far West from the navigation of the Detroit River,
of Lake Erie, of the Niagara River, and of a great part of Lake
Ontario, and would disappoint the United States in their hope of
receiving, in future, any articles across the Lakes, situated
above Lake Huron. He was further of opinion, that a direct
communication, the idea now entertained by the Honble. John
Young, of Montreal, might be established between Lake Huron and
the River St. Lawrence. Unfortunately for the Province, Governor
Simcoe did not remain long enough in it to put his admirably
conceived projects into execution. These schemes when conceived,
could not be very easily brought under public notice. There was
in all Upper Canada only one newspaper, and that very far from
being an organ of public opinion. The Newark Spectator, or
Mercury, or Chronicle, or whatever else it may have been, was but
a loose observer of men and manners, printed weekly. Had it not
been supported by the government, not a fourth part of the
expenses of the proprietor would have been refunded to him by the
sale of his newspaper. It was a short abstract of the newspapers
of New York and Albany, “accommodated” to the anti-American
principles of the Governor, with an epitome of the Quebec
Gazette
. It was the medium through which the Acts of the
Legislature, and the Governor’s notices and orders were
communicated to the people. It was par excellence the
government organ.

The Second Session of the First Provincial Parliament of Upper
Canada was held at Niagara, on the 31st of May, 1793. There is no
copy of the speech from the throne to be found, unless it may
have been in the Newark Spectator, which is not within
reach. Its contents may be gleaned from the nature of the Bills
passed during the Session, and assented to by the Lieutenant
Governor. An Act was passed for the better regulation of the
militia; the nomination and appointment of parish and town
officers were provided for; the payment of wages to the members
of the House of Assembly, at a rate not exceeding ten shillings
per diem, was authorized and provided for; the laying out,
amending, and keeping in repair the public high roads was
regulated, the roads not to be less than thirty nor more than
sixty feet wide; marriages solemnized by justices of the peace,
before the separation, were to be valid, and in future justices
of the peace were empowered to marry persons not living within
eighteen miles of a parson of the Church of England, the form of
the Church of England to be followed; the times and places of
holding Courts of Quarter Sessions were fixed; the further
introduction of slaves was prevented, and the term of contracts
for servitude limited; a Court of Probate was established in the
Province, and a Surrogate Court in every district; Commissioners
were appointed to meet Commissioners from the Lower Province, to
regulate the duties on commodities, passing from one Province to
the other; a fund for paying the salaries of the officers of the
Legislative Council, and for defraying the contingent expenses
thereof, by a duty of four pence a gallon on Madeira, and two
pence on all other wines imported into the Province was
established; the destruction of wolves and bears was encouraged
by a reward of twenty shillings for a wolf’s head, and of ten
shillings for a bear’s head; returning officers were appointed
for the several counties; and a further fund for the payment of
the House of Assembly and its officers was created, by an
“additional” duty of twenty shillings to be levied on all
licenses for the retail of wines or spirituous liquors. In the
third Session of the Parliament, convened on the 2nd June, 1794,
an Act was passed for the regulation of juries; a Superior Court
of Civil and Criminal Jurisdiction was established, and a Court
of Appeal regulated; a Court was established for the cognizance
of small causes in every district; the Lieutenant Governor was
empowered to license practitioners in the law; fines and
forfeitures reserved to His Majesty for the use of the Province
were to be accounted for; the Assessment Act for the payment of
wages to the Assembly was amended; the militia was further
regulated; horned cattle, horses, sheep, and swine were not to
run at large; the Gaols and Court Houses Act was amended; a duty
of one shilling and three pence per gallon was laid upon stills,
and the manner of licensing public houses was regulated.

The Fourth Session of the First Parliament of Upper Canada
having met for the despatch of business, on the 6th July, 1795,
the practice of physic and surgery was regulated; an Act was
passed to ascertain the eligibility of persons to be returned to
the House of Assembly; the agreement between Upper Canada and
Lower Canada, by which the latter were to collect all the duties
on goods, wares and merchandize arriving at Quebec, giving the
former one eighth of their nett produce, was ratified, approved,
and confirmed; the Superior Court Act of the previous Session was
amended and explained; and Registry Offices were established for
the enregistering of deeds, lands and tenements. There were no
private Bills. The measures for Parliamentary consideration were
all of a public nature, and the legislation was eminently
judicious and peremptory. Mr. Attorney General White was the
great man in the Commons, and Mr. Speaker Chief Justice Powell in
the Lords. The first Parliament died a natural death, and the
members of it went quietly to their respective places of
abode.

The second Parliament met at Newark, after a general election
not productive of any very great degree of excitement, on the
16th of May, 1796, opened by the Governor in person, with the
usual formalities. Certain coins were better regulated; the
juries Act was amended; the Quarter Sessions Act was amended; the
public houses Act was amended; the wolves and bears destruction
Act was partially repealed, by the rewards for killing bears
being withdrawn; the Lieutenant Governor was authorized to
appoint Commissioners to meet others from the Lower Province,
about duties and drawbacks on goods passing from one Province to
the other; and the assessment Act was amended.

This Session of the second Parliament was hardly concluded,
when Governor Simcoe was required to relinquish his Government
and proceed to St. Domingo, in a similar capacity, the government
of Upper Canada, until the arrival of a regularly appointed
successor, devolving upon the Hon. P. Russell, President of the
Council. Mr. Russell convened the second Session of the
Provincial Parliament, at the new capital of York, selected by
his predecessor, and in which a gubernatorial residence of
canvass had been erected. The first Act passed during his very
quiet reign of only three years, was one for the better security
of the Province against the King’s enemies. It provided that no
person professing to owe allegiance to any country at war against
the King, should be permitted to enter, remain, reside, or dwell
in the province. The second Act was one to enable the inhabitants
of the township of York to assemble for the purpose of choosing
and nominating parish and township officers; an Act for securing
the titles to lands; an Act for the regulation of ferries; an Act
to incorporate the legal profession; the word “clergyman” in land
grants to signify clergy; felons from other Provinces to be
apprehended, and the trade between the United States and the
Province to be temporarily provided for, by the suspension of an
Act repugnant to the free intercourse with the United States,
established by treaty of 1794. Several amendments to Acts and
other Acts were passed, when the Session was prorogued in due
form.

On the 5th of June, 1798, the third Session of the second
Provincial Parliament met, and seven Acts received the
gubernatorial assent. Among other things, the boundary lines of
the different townships were to be determined, the ministers of
the Church of Scotland, Lutherans or Calvinists, were authorized
to celebrate marriage; and the method of performing statute labor
on the roads was altered.

The fourth and last Session of this second Parliament of Upper
Canada met at York, on the 12th June, 1799, and six Acts were
assented to, among which was one providing for the education and
support of orphan children; and another enabling persons holding
the office of Registrar to be elected members of the House of
Assembly, a member of which body accepting the office to vacate
his seat, with the privilege, however, of being re-elected.

On the 17th August, 1799, General Hunter appeared and assumed
the Lieutenant Governorship to which he had been appointed by the
King. He was not, however, simply Lieutenant Governor of Upper
Canada; but also the Lieutenant, General commanding-in-chief, in
both of the Canadas. He took possession of the Government of
Upper Canada about a fortnight after the general government of
British North America had been entrusted to His Excellency Robert
Shore Milnes, Esquire. The Lieutenant General was well advanced
in years. He had seen fifty-three summers, and it was not to be
expected that his previous education and habits would give way to
the new ideas of younger men in a new country. General Hunter
was, nevertheless, connected with a highly talented family, his
brother being the celebrated Dr. Hunter of London, and his
talents for government were possibly better than the bills passed
during his reign would indicate. There was, indeed, little, if
any, advance in legislation. The Acts of former Sessions,
relative to duties, the administration of justice, and to the
militia, were patched and repatched, made more stringent, less
liberal, and more complicated. In the first Session of the third
Parliament, which met at York, on the 2nd June, 1800, six Acts of
revival, regulation, or amendment were assented to, one of which,
making a temporary provision for the regulation of trade between
Upper Canada and the United States, established ports of entry.
The second Session of the third Parliament was held on the 28th
of May, 1801, at the now established capital. The Parliament, as
usual, was recommended to look after the King’s enemies, the
militia, the Quarter Sessions, the Customs Duties, the Roads, and
the payment of the Assembly and its officers. There was no change
in the matters legislated upon, worthy of note, with the
exception that Cornwall, Johnstown, Newcastle, York, Niagara,
Queenston, Fort Erie Passage, Turkey Point, Amherstburgh, and
Sandwich were declared to be Ports of Entry, collectors being
appointed by the Governor to receive a salary of £50 per
cent on duties, till the same amounted to £100, above which
sum there was to be no advance, and having the privilege of
appointing their own deputies; the Governor was authorized to
appoint Flour and Ashes Inspectors, who were to receive three
pence for every barrel of flour they inspected, and one shilling
for every cask of pot and pearl ashes; and an Act was passed
preventing the sale of spirituous or intoxicating drinks to the
Moravian Indians, on the River Thames. The third Session of the
third Parliament met on the 25th of May, 1802, when five Acts
only were passed. Titles of lands were to be better ascertained
and secured; the administration of justice in the Newcastle
District was provided for; the rates which the Receiver General
should take and retain for his own use out of the monies passing
through his hands, subject to the disposition of the Province,
was to be declared and ascertained; one or more ports of entry
were established, and one or more collectors of Customs
appointed; and an Act for applying £750 to encourage the
growth of hemp, and £84 0s. 8d. for stationery for the
Clerks of Parliament was adopted. On the 24th of January, 1803,
the Parliament being again assembled for the despatch of
business, an Act was passed, allowing time for the sale of lands
and tenements by the Sheriff; a fund was established for the
erection and repair of light-houses; the rights of certain
grantees of the waste lands of the Crown were declared; married
women were enabled to convey and alienate their real estate;
attornies were enabled to take two clerks and “no more,” the
Attorney and Solicitor General excepted, as they could take three
each, and “no more;” the swine and horned cattle restraint Act
was extended; members of Parliament, having a warrant from the
Speaker of attendance, were, for their own convenience, enabled
to demand from justices of the peace, ten shillings a day, to be
levied by assessment. After this, Parliament was prorogued,
unless it be that a second fourth Session of the Parliament was
held, which is not very probable, although Mr. Gourlay, in his
account of Canada, gives two fourth Sessions to the third
Parliament, and afterwards complains that the business of the
first Session of the sixth Provincial Parliament was nowhere to
be found.

Parliament next assembled on the 1st of February, 1804.
Sedition was provided against; persons who should seduce soldiers
into desertion were to be exemplarily punished; fees, costs, and
charges were to be regulated by the Court of Kings Bench; the
swine Act was amended, so that sheep might run at large, and rams
only be restrained between the 1st December and 20th December;
£300 was appropriated to the printing of all the Acts of
the Province, and £80 a year was allowed for the annual
printing of the laws, which were to be distributed among members
of Parliament, judges, and militia officers; £100 was
granted for the building of bridges and repairing old roads and
laying out new ones; the Customs Act was explained; £175
was granted for the purchase of the Statute Laws of England;
£400 per annum was granted to be applied in the erection of
Parliament Buildings; £303 11s. 10½d. was voted for
the clerks and officers of the Parliament, including stationary,
and to the government commissioners appointed to adopt means to
encourage the growth of hemp a sum of £1,000 was granted.
The Session of the fourth Parliament, next bent on the despatch
of business, came together on the 1st February, 1805. It altered
the time of issuing tavern and still licenses; afforded relief to
heirs or devizees of the nominees of the Crown, entitled to claim
lands in cases where no patent had issued for such lands;
regulated the trial of contested elections; continued the
Duty-Commissioners Act for four years; altered certain parts of
the Newcastle-District administration of justice Bill; made
provision for the further appointment of parish and town
officers; relieved insolvent debtors, by an Act which enabled a
debtor in prison to receive five shillings weekly from his
creditor during his detention, if the prisoner were not worth
five pounds, worthlessness being, in this instance, to a man’s
advantage; the curing, packing and inspection of pork was
regulated by the appointment of inspectors, whose fees were to be
one shilling and six pence per barrel, exclusive of cooperage,
with six pence a mile to the Inspector, for every mile he had to
travel; £45 9s. 8d., advanced by His Majesty, through the
Lieutenant Governor, for the purchase of hemp seed, and
£229 8s. 6d., advanced for contingencies, clerks of
Parliament and so forth, were to be made good out of a certain
sum applied to that purpose; and for the further encouragement of
the growth and cultivation of hemp, and for the exportation
thereof, it was by law determined that £50 per ton should
be paid for hemp.

Lieutenant General Hunter died at Quebec on the 21st August of
the same year, (1805) at the age of 59, and was buried in the
English Cathedral at Quebec, where a monument in marble has been
erected to his memory, by his brother, the physician. It is
recorded on his tombstone, that General Hunter’s life was spent
in the service of his King and country, and that of the various
stations, both civil and military, which he filled, he discharged
the duties with spotless integrity, unwearied zeal, and
successful abilities.

The Honorable Alexander Grant, as President of the Council,
succeeded General Hunter in the administration of affairs. Mr.
Grant reigned only one year, when he was succeeded by His
Excellency Sir Francis Gore. During Mr. Grant’s short rule,
£50 a year each, was provided for eight years, to six
Sheriffs; an Act was passed to regulate the practice of physic
and surgery; £490 was appointed for the purchase of
instruments to illustrate the principles of natural philosophy,
to be deposited in the hands of a person employed in the
education of youth; £1,600 was granted for public roads and
bridges; the Acts for the appointment of Parish officers, for the
collection of assessments, and for the payment of the wages of
the House of Assembly were altered and amended; the Custom
Duties’ Act was continued; and £498 8s. 5d. was made good
to the Commissioners treating with Lower Canada, and to the
Clerks of Parliament.

The Governments, of both Upper and Lower Canada, were
administered by residents of the country at the same period of
time. While Mr. Grant, the administrator of Upper Canada, had
convened the parliament of the province on the 4th of February,
1806, Mr. Dunn had convoked the parliament of Lower Canada for
the 22nd of the same month in the same year. On opening the
parliament of Lower Canada Mr. Dunn tellingly alluded to the
important victory of Lord Nelson at Trafalgar and to the
subsequent action off Ferrol, recommending the renewal of the
acts deemed expedient during the previous war for the
preservation of His Majesty’s government and for the internal
tranquillity of the province. By the address, in reply, he was
assured that these acts would be renewed. Shortly after the
assembly had met it occurred to them that their peculiar
privileges, as an offshoot of the Commons of England, had been
assailed. The proceedings of a dinner party given to the
representatives of Montreal in that city had been printed and
circulated in the Montreal Gazette of the 1st April, 1805.
The dinner was given in Dillon’s tavern, and the party were
particularly merry with the abundant supply of wines. Mr. Isaac
Todd, merchant, presided. After the customary toasts on all such
occasions had been given, the president proposed:—”The
honorable members of the Legislative Council, who were friendly
to constitutional taxation as proposed by our worthy members in
the House of Assembly;”—”Our representatives in parliament,
who proposed a constitutional and proper mode of taxation, for
building gaols, and who opposed a tax on commerce for that
purpose, as contrary to the sound practice of the parent
state;”—”May our representatives be actuated by a patriotic
spirit, for the good of the province, as dependent on the British
empire, and be divested of local prejudices;”—”Prosperity
to the agriculture and commerce of Canada, and may they aid each
other, as their true interest dictates, by sharing a due
proportion of advantages and burthens;”—”The city and
county of Montreal and the grand juries of the district, who
recommended local assessments for local purposes;”—”May the
city of Montreal be enabled to support a newspaper, though
deprived of its natural and useful advantages, apparently, for
the benefit of an individual.” It is difficult to perceive where
any breach of privilege was involved, but the assembly looked
upon these aspirations and upon the compliments to the Montreal
representatives as a false and scandalous and malicious libel,
highly and unjustly reflecting upon His Majesty’s representative
and on both Houses of the Provincial Parliament, and tending to
lessen the affections of His Majesty’s subjects towards the
government of the province. A committee of inquiry was appointed,
and reported that the libellers were the printer of the
Gazette, Edward Edwards, and the president of the dinner
party, Isaac Todd. Nay, the libel was reported to be a “high”
breach of the privileges of the Assembly and Messrs. Todd and
Edwards were ordered to be taken into custody. But the
Serjeant-at-Arms, or his deputy, could not lay his hands upon
these gentlemen and the matter was no more thought of until the
editor of the Quebec Mercury ridiculed the whole
proceedings, when it was ordered that Mr. Cary should be
arrested. Mr. Cary was afraid that such unpleasant investigations
might give rise to other unpleasant investigations with regard to
the powers of the House. He intimated that in France it was
customary to tie up the tongue and lock up the press, and for so
doing he was compelled either to submit to be himself locked up
or apologize. On being arrested he apologized at the Bar of the
House and was released. The time of the House was frittered away
by empty discussions and wordy addresses upon the gaol tax,
previously mentioned, which the king did not disallow as required
by the mercantile community. Indeed the administrator of the
government in his prorogation speech remonstrated with the
Assembly for the non-completion of the necessary business. The
civil expenditure of the year came to £35,469 sterling,
including £2,000 to General Prescott, who was then in
England, and £3,406 to Sir Robert Shore Milnes, with the
addition of £2,604 currency, for salaries to the officers
of the Legislature, the expenditure exceeding the revenue by
£869.

General Prescott, the Governor General, absent in England, was
yet in the receipt of £2,000 a year, and the year before he
had £4,000; Sir Robert Milnes, the Lieutenant Governor,
also absent, had received the salary above mentioned, while Mr.
Dunn received £750, as a judge of the King’s Bench,
£100 for his services as administrator of the government, a
pension of £500 sterling a year, on relinquishing the
administration, and an additional allowance of £1,500 a
year while he had administered the government. Beyond question
their “Excellencies” and “His Honor,” were amply remunerated. The
Governor General and his Lieutenant were absent on business.
Indeed, while the Legislative Assembly, in defence of imaginary
privileges, were cutting such fantastic capers before high
heaven, the confidential secretary of Lord Dorchester and of his
successors so far, the Honorable Herman Witsius
Ryland,—who, having been Acting Paymaster General to His
Majesty’s Forces captured by the Americans, went to England, when
His Lordship, then General Sir Guy Carleton, evacuated New York,
and returned with him to Canada, when that officer was appointed
Governor-in-Chief in 1793, full of the sympathies, antipathies,
prepossessions, and prejudices of the English conservative of
that day,—had devised a scheme, which, had it been carried
out, would have rendered their privileges not very valuable. He
only designed to “anglify” the French-Canadians by compulsion.
Before the separation of the province into Upper Canada and Lower
Canada it was a matter of consideration whether all the Roman
Catholic churches in the Province could not be converted into
Reformed Anglo-Episcopal churches. The contemplated plan of doing
so was to take from the “Vicaire du Saint Siége
Apostolique” the power of nominating and appointing the parish
priests; the appointment of subsequent bishops was to be given to
the king; and the Popish Bishop then living, was to be succeeded
by a Protestant Bishop, who would find an easy method of turning
Cardinal Richelieu’s church extension schemes to excellent
account in a new mode of ordaining new “catholic” priests, who
might be disposed to abandon, at least, some of the doctrines of
Rome and embrace, at least, some of those of the Protestant
religion. The religious principle involved in this interesting
scheme would have done credit to the eighth Henry. It would have
had the effect of erecting on a Popish foundation, of building up
on the sainted Rock, a church militant as a more powerful
safeguard to English influence and power in Canada than the
citadel of Quebec has been. Together with the creation of a
Provincial Baronetage, in the persons of the members of the Upper
House, the honor being descendible to their eldest sons in lineal
succession, and the raising of the most considerable of these
eldest sons at a future period to a higher degree of honor, as
the province increased in wealth, together with the recognition
of Mr. DeBoucherville’s old noblesse, it would have most
certainly much sooner produced that state of things which Sir
Francis Bond Head and the “family compact” so ably brought to a
crisis. The secretary of all the governors Lower Canada had yet
had, corresponded, most confidentially, with his home masters,
somewhat, perhaps, to the prejudice of his honor the
administrator. As general Simcoe loathed the nasal twang,
attenuated appearance, and the vulgar republicanism of a downeast
American, so Mr. Witsius Ryland abominated Romanism. Speaking of
the Roman Catholic clergy of Canada, he says:—”I call them
Popish to distinguish them from the clergy of the Established
Church and to express my contempt and detestation of a religion,
which sinks and debases the human mind, and which is a curse to
every country where it prevails.” Nay, he laid it down, as a
principle, to undermine the authority and influence of the Roman
Catholic Priests. It was or should be the highest object of a
governor to crush every papist scoundrel. Following the line of
conduct which had so widely established the authority of the
Popes of Rome, it was the duty of governors to avail themselves
of every possible advantage, and never to give up an inch but
with the certainty of gaining an ell. He lamented that the
seminary and perhaps some other estates had not been taken
possession of by the crown, incorporated, and trustees appointed,
out of which incorporated estates a handsome salary might have
been paid to the King’s Superintendent and Deputy Superintendent
of the Romish Church! but the proceeds of which should
principally have been applied to the purposes of public
education. And he was deeply mortified that “a company of French
rascals” had momentarily deprived the country of any hope of such
a destiny of these estates. The private and confidential remarks
of the secretary were not altogether without effect. His Grace of
Portland, then His Majesty’s Secretary for the Colonies,
peremptorily ordered Governor Milnes to resume and exercise that
part of the king’s instructions requiring that no person whatever
was to have holy orders conferred upon him, or to have cure of
souls, without license, first had and obtained from the Governor,
and Lord Hobart, the Duke’s successor in the Colonial Department,
intimated to Sir Robert Milnes that it was highly proper that he
should signify to the Catholic Bishop the impropriety of his
assuming any new titles or exercising any additional powers to
those which he had as the Vicar of the Holy Apostolic See. The
French Priests were also to be reminded that their residence in
Canada was merely on sufferance, and that it was necessary for
them to behave circumspectly, else even that indulgence would be
withdrawn. Greatly alarmed at these proceedings the Bishop of
Rome respectfully remonstrated. He humbly reminded His Most
Excellent Majesty, the King, that nineteen-twentieths of the
population were of the Roman Catholic religion; that the humble
remonstrant was himself the fourteenth bishop who had managed the
church since Canada had happily passed into the hands of the
Crown of Great Britain; that the extension of the province was
prodigious, requiring more than ever that the superintending
bishop should retain all the rights and dignities which His
Majesty had found it convenient to suffer the bishops to have at
the conquest; and that in the Courts of Justice there should be
no room to doubt their powers. It was indeed no wonder that the
superintendent of the Church of Rome was alarmed at the aspect of
affairs. The Attorney-General Sewell reported with regard to the
nomination of Laurent Bertrand to be curé of Saint
Léon-le-Grand, by the titular Roman Catholic Bishop of
Quebec, in the case of one Lavergne, who having refused to
furnish the pain béni, was prosecuted in the Court
of King’s Bench, that it was a usurpation in the bishop to erect
parishes and appoint curés. He went farther and said that
there was no such person as the Roman Catholic Bishop of Quebec.
The title, rights, and powers of that office had been destroyed
by the conquest. Nay, there could not, legally, be any such
character, as, if he existed, the King’s supremacy would be
interfered with, contrary to the Statutes of Henry the Eighth and
of Elizabeth. Not only was there a quiet but arbitrary denial of
the right of the Roman Catholic Bishop to manage the affairs of
his diocese, the possibility of negotiating the Reverend
Coadjutor Plessis out of his influence was entertained. Mr.
Attorney-General ultimately waited upon that ecclesiastic to
explain his own private sentiments to him. The bishop was
studiously guarded and significantly polite. The Attorney-General
thought that a good understanding ought to exist between the
government and the ministers of religion. Mr. Plessis was quite
of that opinion. Mr. Attorney-General thought the free exercise
of the Roman Catholic religion having been permitted the
government ought to avow its officers, but not at the expense of
the Established Church. Mr. Coadjutor Plessis said that position
might be correct. Mr. Attorney-General thought that the
government could not allow to Mr. Plessis that which it denied to
the Church of England. Mr. Plessis saw that the government
thought that the bishop should act under the King’s commission,
and could see no objection to it. The Attorney-General was
strongly of opinion that the right of appointing to curés,
which no bishop of the Church of England had, must be abandoned.
Mr. Plessis thought that even Buonaparte and the Pope had
effected a compromise on that matter. Mr. Attorney-General had no
faith in Buonaparte and was but an indifferent Catholic, but the
Crown only could select from a Bishop’s own Priesthood, and a
Bishop, once acknowledged, would be the head of a department.
That said Mr. Plessis would be a departure from the Romish
doctrine of church discipline. To some extent it would, but your
clergy would be officers of the Crown, and you would obtain the
means of living in splendour, said the Attorney-General.
Splendour, said Mr. Plessis, is not suitable to the condition of
a bishop; ecclesiastical rank and a sufficient maintenance is all
he needs. The Attorney-General meant that a bishop should have
the income of a gentleman. Mr. Plessis meant the same thing, but
it was a delicate matter to pension a bishop, for relinquishing
his right of nominating to the cures, as the public would not
hesitate to say he had sold his church. Never mind, said the
Attorney-General, if the matter is viewed aright, you have none
to relinquish. I do not know, replied Mr. Plessis. Whatever is to
be done must now be done, intimated the Attorney-General. You
speak truly, was the modest reply, something must be done, and
though we may differ in detail, I hope we shall not in the
outline.

Not very long after this conversation Bishop Denaud died. Now
was the time for Mr. Witsius Ryland to act or never. He did act
most energetically. He ear-wigged Mr. President Dunn, concerning
his proper line of conduct on the occasion. He attempted to
dissuade Mr. Dunn from a formal acknowledgement of Mr. Plessis,
as Superintendent of the Romish Church, till His Majesty’s
pleasure should be declared. He thought an order should be
immediately issued from home, prohibiting the assumption, by a
Roman Catholic prelate, of the title of Bishop of Quebec. It
occurred to him that a French emigrant bishop, if one could be
found, would be more easily managed than Mr. Plessis. But Mr.
Plessis was too much for Mr. Ryland, and found favor in the
President’s sight. Mr. Dunn would not listen to the
representations of his secretary, and the wrath of his secretary
was kindled. He wrote to Sir Robert Milnes on the subject, and to
“My dear Lord,” the Right Reverend Jacob Mountain, D.D. Not only
was Mr. Dunn determined upon formally recognizing the new Roman
Catholic Bishop but he was determined to suffer the Reverend Mr.
Panet to take the oath as Coadjutor, without either waiting for
His Majesty’s pleasure, or for any other sanction whatever. It
was most distressing, but “where was the layman, free from
vanity, who, at seventy-three years of age, would let slip an
opportunity of making a bishop?” It was dreadful. His contempt
and indignation rose to a height that nearly choked him. As an
apology for the recognition of Mr. Panet, it was all very well to
say that his brother was a mighty good sort of a man. A mighty
good sort of a man! How devoted were such mighty good sort of
men, those very loyal subjects, to His Majesty! From the Speaker
himself, down to the “fellow” who held a lucrative office in the
Court of King’s Bench, and who had sent his son to join the
banditties of Mr. Buonaparte, who was not, to suit his purpose,
brimfull of loyalty! Things were wretchedly managed, but the
wisest thing to be done under present circumstances was
nothing.

The Home Government anxious to build up in some manner a
Protestant Church establishment had appointed the Right Reverend
Jacob Mountain, Doctor in Divinity, to the Diocese of Quebec. At
the expense of the Imperial Government, a Cathedral was built in
Quebec, which was consecrated in 1804, on the ruins of the
Recollet Church of the Jesuits. To this day it is possibly the
most symmetrical in appearance of any church of the Church of
England in Canada. Exteriorly, it is 135 feet in length and 73 in
breadth, while the height of the spire above the ground is 152
feet, the height from the floor to the centre arch, within, being
41 feet. The communion plate, together with the altar cloth,
hangings of the desk and pulpit of crimson velvet and cloth of
gold, and the books for divine service, was a private present
from George the Third. There was then also a Rector of Quebec,
having a salary, from the British Government, of £200 a
year, such a sum as, Bishop Mountain reported to His Excellency
the Governor, no gentleman could possibly live upon! a Rector of
Montreal with the same salary, and £80 additional per annum
made up by subscription from the parish; a Rector of Three Rivers
with a like salary of £200 from home; a Rector of William
Henry receiving £100 from home and £50 from the
Society for the Propagation of the Gospel; an evening lecturer at
Quebec, receiving £100 from the Imperial Treasury; the
incumbent of Missisquoi Bay, obtaining £100 from
government, £50 from the Propagation Society, and £30
from the inhabitants; and two vacancies in the “new settlements,”
requiring £150 to be paid to each. The building of a stone
church in Montreal was commenced, but the structure which
promised to be “one of the handsomest specimens of modern
architecture in the province,” was not finished, for want of
funds, ten years afterwards. In Upper Canada, so late as 1795, no
church had been built. Even in Newark, it is quaintly added by
the Duke de la Rochefoucault Liancourt, in the same halls where
the Legislative and Executive Councils held their sittings,
jugglers would have been permitted to display their tricks, if
any should have ever strayed to a country so remote. His Grace,
quite correct with regard to Newark, was at fault in speaking of
the whole province. At Stamford there was a Presbyterian Church,
built in 1791, and another church built for the use of all
persuasions, a kind of free and common soccage church, in 1795,
which was destroyed in the subsequent war. It was in this year
that one of the most remarkable men, and one of the most able and
indefatigable of the colonial clergy, was strolling about
Marischal College, in Aberdeen, studying philosophy. He was a
very plain-looking Scotch lad and very cannie. Altogether wanting
in that oratorical brilliancy so necessary for an efficient
preacher of the great truths of Christianity, Mr. John Strachan
had diligently acquired a dry knowledge of the humanities, to fit
himself for a teacher of youth. He was, in a limited sense, a
classical scholar. Greek and Latin, Hebrew and the Mathematics,
were at his fingers’ ends. Not long after leaving college, he
obtained the place of a preceptor to the children of a farmer in
Angus-shire. The situation of schoolmaster of Dunino, a parish
situated foury miles south of St. Andrews, in Fifeshire, and six
miles north of Anstruther, the school taught by Tennant, the
orientalist, professor of Hebrew and other oriental languages in
St. Mary’s College, St. Andrews, and the author of the Poem of
Anster Fair, became vacant, when Mr. John Strachan made
application for the fat berth, the salary being nearly £30
a year, and obtained it. Mr. Strachan taught quietly at Dunino,
attending St. Andrews College, in the winter, until he received
the offer of £50 a year, as tutor to the family of a
gentleman living in Upper Canada. He accepted it, left Dunino,
and went to the wilderness. Mr. Strachan taught as a private
tutor for some time and subsequently established a school for
himself, when he married a widow possessed of cash and
respectably connected. The Church of Scotland, in Canada, was
then at a very low ebb. Even in Quebec, although there had been a
regularly ordained clergyman of the church officiating since
1759, there was only, from 1767 to 1807, an apartment assigned to
the Scotch Church for the purpose of divine worship, by the
King’s representative, in the Jesuits’ College. Nay, in 1807, the
Scotch Church was entirely sent adrift by Colonel Brock, to be
afterwards permitted to meet in a room in the Court House. Until
1810 there was no Scotch Church in Quebec. What inducement was
there for a progressive Scotchman to remain in connection with
such a church? Mr. Strachan clearly perceived that the road to
worldly preferment ran through the Church of England, and, having
a wife, and the expectation of a family, he recognised the
expediency of obtaining orders as a descendant of the apostles.
It was not long before he obtained permission to officiate as a
minister of the Church of England, and he abandoned the birch for
the surplice. Mr. Strachan justified every expectation that may
have been formed of him. He became a most zealous churchman, and
a very short time elapsed until the Scotch schoolmaster was the
Hon. and Revd. Dr. Strachan, Rector of York, now Bishop of
Toronto, and he may go to the grave satisfied that he has done
more to build up the Church of England in Canada, by his zeal,
devotion, diplomatic talent, and business energy, than all the
other bishops and priests of that church put together.

Some idea will now have been formed of the state of the Church
of England “establishment,” in Canada, about a time, when it was
intended to amalgamate with it the fabrics of Rome. Bishop
Mountain had a seat it in the Legislative Councils of both
provinces. He only was the embodiment of Church and State.

Mr. Secretary Ryland, anxiously active against the Church of
Rome, was very favorably disposed towards the Church of England.
His creed with regard to the “Protestant Church Establishment,”
in the provinces, was for it to have as much splendour and as
little power as possible. His chief desire was to make
episcopalianism fashionable. He would have given to the Bishopric
of Quebec a Dean, a Chapter, and all the other ecclesiastical
dignitaries necessary for show, and he would have endowed the See
with sufficient lands to support the establishment in the most
liberal manner. But not a grain of civil power beyond their
churches and churchyards was he inclined to give to the clergy.
He even thought that in regard to the particular case at
Montreal, and in any other case where a church should be, or was
about to be built by private contribution, the bishop would
exhibit infinite discretion, if he did not do more than wish to
advise and to consecrate. The same rights, privileges,
prerogatives and authority as bishops enjoy under the common Law
of England could not safely be given to colonial bishops, nor
could it be possible to obtain them. A more worldly view of
church extension could not well be conceived, but the suggestion
was not by any means an imprudent one. Bishops, being but men,
are too apt to abuse power, and it is surely well that too much
of it should not be granted to experiment upon.

While all this was quietly going on, sub rosa, in Lower
Canada, the Methodists, Baptists, and Presbyterians, were quietly
taking hold of the public mind in Upper Canada. Although the
meeting houses were only few and far between, and churches and
chapels were extremely rare, the most illiterate of the sects
were itinerating, hither and thither, with wonderful success.

About this time there was also a disposition to diffuse
education. His Majesty, the King, gave directions to establish a
competent number of free schools in the different parishes, to be
under the control of the Executive, but the project was
strenuously opposed by the Roman Catholic clergy, and only
grammar schools in Montreal and Quebec were provided for, which
have languished and died. It was feared by Bishop Mountain that
the want of colleges and good public schools would render it
necessary for parents to send their children to the United
States, to imbibe, with their letters and philosophy, republican
principles. It was at his suggestion also that the idea of free
schools was entertained. The Canadians were deplorably ignorant,
and their children, it was designed, should be free from that
reproach. It is only now, however, that they are emerging from
the most debasing state of mental darkness, into something like
enlightenment. Example has done that which force would have
failed to accomplish.

As illustrative of the saying “there is nothing new under the
sun,” it is worthy of remark here that upon the arrival of the
intelligence in Canada, respecting the breaking out of the war
with France, in 1798, some of the leading members of the House of
Assembly, which was then sitting, proposed to levy the sum of
£20,000 sterling, by a tax on goods, wares, and
merchandize, to be applied, as a voluntary gift to His Majesty,
from the province, to enable the King the more effectually to
prosecute the war. This was proposed by Mr. Attorney-General, Mr.
Young, and Mr. Grant, and as far as the House was concerned, the
measure was found practicable. But General Prescott, the
Governor, having been informed of the matter, did not think it
expedient to encourage a scheme which Lord Elgin would have
jumped at.

In 1805, the whole revenue of the province was only
£37,000, yet, it appears that Sir Robert Milnes, the
Governor, did not think that he could sufficiently entertain to
gain a due consideration from the principal persons in the
province, on £4,000 a year. He sent a whining letter to
Lord Hobart on the subject, begging for an increase of salary.
£5,000 was not a sufficient sum to keep up the hospitality
of Government House. It would hardly support the summer residence
at Spencer Wood. He had said nothing about so delicate a matter,
while the war lasted, though he had expended £1,000 a year
out of his own private income. And he would rather resign than
sacrifice the comforts and waste the means of his family.

Canada, now, continued steadily to advance, both politically
and commercially. Neither her political advancement nor the
extent of her commerce was great, but both were yearly becoming
greater. During the summer of 1806, one hundred and ninety-one
vessels, 33,474 tons of shipping, entered at Quebec. Coasters
were in full and active employment, and shipbuilding was to some
considerable extent carried on. The military of the garrison were
still antiquated. The army made no perceptible progress, soldiers
still plastered their hair, or if they had none, their heads,
with a thick white mortar, which they laid on with a brush,
afterwards raked, like a garden bed, with an iron comb; and then
fastening on their heads a piece of wood, as large as the palm of
the hand, and shaped like the bottom of an artichoke, they made a
cadogan, which they filled with the same white mortar, and
raked in the same manner, as the rest of the head dress.[11]
The army wore cocked hats, knee breeches and gaiters. The
habitants, or peasantry, had retrograded, and Volney found
that, in general, they had no clear and precise ideas: that they
received sensations without reflecting on them; and that they
could not make any calculation that was ever so little
complicated. If asked how far the distance from this place to
that was; a French-Canadian peasant would reply:—”it is one
or two pipes of tobacco off,” or “you cannot reach it between
sunrise and sunset.” But the better classes, in close contact
with the upper classes among the English, were rapidly improving,
and began to entertain the idea that they had political rights.
They even started a newspaper called “Le Canadien” and
began most vigorously to abuse “les Anglais” and the government.
The “Canadien” published entirely in French, first
appeared in November 1806. Had it been less anti-British,
possibly, it would have been less disagreeable; but the idea had
strongly taken possession of its supporters that French-Canadians
were looked upon, by the government and its satellites, as mere
serfs, and they agitated accordingly. Not only that. They began
to exhibit some sparks of independence. Their watchword
became:—”Nos institutions, notre langue, et nos
lois
.” They branded the British immigrants and the British
population as “étrangers et intrus.” Mr. Crapaud’s
temper was fairly up. There was cause. The worm will bite when
trodden upon. Unless there had been substantial grievances, the
Canadien could not by any possibility have become so
popular as to have given not only umbrage, but uneasiness to the
government. Yet it did cause such uneasiness and was peremptorily
checked. It was impossible then for a native-born Canadian,
whether of English or French extraction, to look a home-appointed
government official in the face. “Tempora mutantur et nos
mutamur in illis.

On the 21st January, 1807, Mr. President Dunn again met the
Legislature of Lower Canada. That invaluable constitution
enjoining on the ruler to meet his parliament once a year,
rendered it imperative upon him to summon the Council and
Assembly for the despatch of business. He recommended to the
assembled wisdom before him the propriety of continuing several
temporary acts then in force; congratulated them on the brilliant
success of His Majesty’s arms; alluded with pride to the conquest
of the Cape of Good Hope; and touched upon the repeated victories
obtained by Sir John Stuart in Calabria. The Assembly replied in
terms most flattering to the President personally, promising to
do as he required. On proceeding to business, the first subject
which engaged the attention of the House was the propriety of
defraying the expenses of members of the House residing at a
distance from Quebec. The House was disposed to defray such
expenses, but nevertheless, the further consideration of the
matter was postponed by a majority of two. The expediency of
having a Provincial Agent or Ambassador, resident in London, to
look after the interests of the province at the metropolis of the
empire was discussed, and it was resolved in the affirmative. The
Alien Act was passed, and that for the better preservation of His
Majesty’s government continued for another year, together with
several other acts, and on the 16th of April, the parliament was
prorogued.

Serious apprehensions of a war between England and the United
States now began to be entertained. American commercial interests
were grievously affected by the war in Europe, and a kind of
spurious activity, in the hostile preparations which would surely
follow a declaration of war against England, on which country in
peace the merchants of New York, Boston, and the other seaports
of the United States principally depend, seemed to be the only
incentive for such a war. But while the filibusters of “the
greatest nation in creation,” were looking for any cause of war,
a good cause, in American eyes, arose. The American ships of war
were mostly manned by British seamen. Men were greatly in demand
for British war vessels, and it was conceived that the right to
impress a British sailor anywhere on land or water belonged to
His Majesty’s naval officers. It having reached the ears of
Admiral Berkeley, the Naval Commander in Chief, on the Halifax
Station, that the American frigate “Chesapeake,” was partly
manned by British seamen, the Admiral, unthinkingly ordered
Captain Humphreys, of the “Leopard,” to recover them. The men on
board of the “Chesapeake” were indeed known to be deserters from
H.M.S. “Melampus.” William Ware, Daniel Martin, John Strachan and
John Little, British seamen, within a month after their
desertion, had offered themselves as able seamen at Norfolk, in
Virginia. Their services were accepted, and the “Chesapeake,” on
board of which they were sent, prepared for sea. Being made aware
of the enlistment of these men, the British Consul at Norfolk,
formally demanded their surrender by the Captain of the
“Chesapeake.” Their surrender was refused. Application for them
was then made to the American Secretary of the navy. But he did
not consider it expedient to give them up. Three of the men were
natives of America, two had protection, and the other had merely
lost his protection. The “Chesapeake” sailed on the 22nd of June,
and on the same day was intercepted by the British frigate
“Leopard,” of 50 guns, off Cape Henry. Captain Humphreys, of the
“Leopard,” stepping on board of the “Chesapeake,” demanded the
muster of the crew of the American frigate. Captain Barron, in
command of the American frigate, refused compliance. The British
Commander returned and both vessels got ready for action, the
American frigate only, it is said, anticipating hostilities. Then
the Leopard fired upon the Chesapeake and, in thirty minutes, so
disabled her that she struck, when Captain Humphreys boarded her
and took, from among her crew, Ware, Martin, and Strachan,
together with one John Wilson, a deserter from a British merchant
ship. The United States now burned with indignation. Their
outraged nationality could never brook such an insult. Every
British armed vessel was ordered to leave the waters of the
United States by the President. A special meeting of Congress was
held. And the American Minister at the Court of St. James was
ordered to demand satisfaction. He did do so. Mr. Canning, the
British Minister, at once offered reparation, but he objected to
any reference to the general question of impressments from
neutral vessels being mixed up with an affair so unfortunate. Mr.
Munroe was not authorized to treat these subjects separately, and
further negotiation between the two ministers was suspended.
Great Britain then sent a special minister to the United States,
empowered to treat concerning the special injury complained of.
Before he arrived most ample preparations were being made in the
United States for war. Millions of dollars were appropriated
towards the construction of 188 gun-boats, and the raising of
horse, foot, and artillery. It was not until 1811 that this huge
mistake was settled, when the British Minister communicated to
the American Secretary of State that the attack on the Chesapeake
was unauthorized by His Majesty’s government; that Admiral
Berkeley was recalled; that the men, taken from the Chesapeake,
should be restored; and that suitable provision for the families
of the six American seamen killed in the fight should be made.
But, settled as this gross and deplorable mistake was to the
perfect satisfaction of the President, the trading community of
the United States were every day becoming more dissatisfied with
the state of affairs in Europe and the consequent state of
affairs at home. The situation of affairs, on this side of the
Atlantic, was indeed gloomy and critical. France and England were
fiercely at war, and were arraying against each other the most
violent commercial edicts to the destruction of the commerce of
neutral nations. There was the British blockade from the Elbe to
Brest; Napoleon’s Berlin decree; the British Order in Council
prohibiting the coasting trade; the celebrated Milan decree; and
the no less celebrated British Orders in Council, of November the
11th, 1807, together with the American Government’s edicts
respecting non-intercourse with Great Britain and France to set
on edge the teeth of a people now little scrupulous as to what
they did, provided money could be made, or power be obtained.
Strife had introduced a disposition to intrigue; political
cunning had become fashionable; and political duplicity had lost
much of its deformity in the United States. The finger of
derision was no longer pointed at meannesses; the love of honor,
and manliness of conduct, was blunted; cunning began to take the
place of wisdom; professions took the place of deeds, and
duplicity stalked forth with the boldness of integrity. The
American people wanted a quarrel that the whole boundless
continent might be theirs. They had badgered France out of
Louisiana, and they would badger England out of Canada and the
West Indies. In New York and Boston, Philadelphia and Baltimore,
it was customary to talk of walking into Canada and squat a
conquest, as was afterwards carried into effect with regard to
Texas. Mr. Dunn, the President of the Canadian government, looked
upon the state of feeling in the adjoining republic with
suspicion. He conceived it expedient to feel the public pulse in
Canada. Like a skilful physician he approached the patient
cautiously and good humouredly, to prevent flurry or agitation,
and in putting his hand on the pulse of public opinion, he found
it to be healthily strong and regular. He prescribed only a draft
of one-fifth part of the whole militia of the province. The draft
was taken immediately. The Roman Catholic Bishop of Quebec, or
rather the yet only Superintendent of the Romish Church in
Quebec, Mr. Plessis, now rapidly rising into favor with the
Colonial Court, promptly issued a mandement to the
faithful, concerning the war, and a “Te Deum” was sung in
all of the churches under his control in Lower Canada. The
Canadians turned out with great alacrity. His Honor the President
and Commander-in-Chief expressed his satisfaction in general
orders. Burn’s artillery company volunteered. In ballotting,
young bachelors procured the prize tickets of the married men.
Some that were not drawn purchased tickets from some that were
drawn, and there were not a few married people who refused to
sell out, if all that is stated in a Quebec paper of that period
can be credited. No doubt the glories of war were uppermost in
men’s minds. It is possible to make war popular and the braggart
tone of the Americans had doubtless contributed considerably to
its popularity with the Canadians.

Colonel Brock was then Commandant at Quebec. He was a man of
much decision of character and of strong natural sense. With the
President he made the most vigorous exertions to discipline the
militia and to put the fortifications of Quebec into a good state
of defence. Night and day men labored at the fortifications.
Every addition that “science, judgment and prudence could
suggest,” was made.

The income this year was £36,417, and the civil
expenditure £36,213.

In Upper Canada, Francis Gore, Esquire, it has been previously
intimated, was Lieutenant-Governor. He first met Parliament on
the 2nd of February, 1807. Twelve Acts were passed, the most
remarkable of which were the Act to establish Public Schools in
every district of the Province, £800 having been
appropriated for that purpose, with the view of giving to each of
the eight districts of the Province, a schoolmaster having a
salary of £100 a year; the Act imposing licenses on
Hawkers, Pedlars, and Petty Chapmen,—to the amount of three
pounds for every pedlar, with twenty shillings additional for a
hawker with a horse; eight pounds for every chapman sailing with
a decked vessel and selling goods on board;—five pounds for
the same description of traders sailing in an open boat; and
eight pounds on transient merchants; and the Act for the
Preservation of Salmon, which permitted that fish to be taken
with a spear or hook, but prohibited the use of a net in the
Newcastle and Home Districts.

When next the Parliament met, on the 20th January, 1808, the
same fears that were felt in Lower Canada, being felt in Upper
Canada, an Act was passed to raise and train the Militia;
£1,600 was granted towards the construction of roads and
bridges; £200 of yearly salary was granted to an
Adjutant-General of Militia; £75 additional was given to
the Clerks of the Assembly; £62 10s. per ton was to be the
price of hemp purchased under an Act of Parliament for the
encouragement of its growth in the Province; an Act for the more
equal representation of the Commons was passed; and Collectors of
Rates were to enter into bonds of £200 security.

On the 2nd February, 1809, the Parliament of Upper Canada was
again convened. An Act was adopted for quartering and billeting
the Militia and His Majesty’s troops on certain occasions.
Householders were to furnish them with house-room, fire, and
utensils for cooking. Officers, in case of an invasion, having a
warrant from a Justice of the Peace, could impress horses,
carriages, and oxen, on regulated hire. Upper Canada was
evidently preparing for an expected struggle, as well as Lower
Canada. £1,045 was this session granted for the Clerks of
Parliament and contingencies, including the erection of a Light
House on Gibraltar Point; Menonists and Tunkers were permitted to
affirm in Courts of Justice; £250 was appropriated for a
bridge across the Grand River; and £1,600 was granted for
bridges and highways. In the next session of the Fifth
Parliament, which Governor Gore assembled at York, on the 1st of
February, 1810, £2,000 were granted for the roads and
bridges; the Common Gaols were declared to be Houses of
Correction for some purposes; a duty of £40 a year was set
upon a Billiard Table set up for hire or gain; £606 were
applied to printing Journals, Clerks of Parliament, and building
Light Houses. The Act establishing a Superior Court of Criminal
and Civil jurisdiction, and regulating a Court of Appeals, was
repealed; and £250 additional was granted for the erection
of a bridge across the Grand River.

To return to Lower Canada, Lieutenant-General Sir James Henry
Craig arrived at Quebec in the capacity of Governor General, on
the 18th October, 1807, in the frigate Horatio, and relieved Mr.
President Dunn of the government, on the 24th of October. Mr.
Secretary Ryland was very busy at the time. He was flattering
himself, he told the Bishop of Quebec, that the Secretary of
State would have received from him a series of despatches which
would “give that functionary a general and useful knowledge of
the state of things in Lower Canada.” There were some who had
exerted themselves to defame and injure the President, with a
view to their own private interests. He particularly alluded to
that contemptible animal, Chief Justice Alcock; to his worthy
friend and coadjutor, of whose treacherous, plausible, and
selfish character, he had never entertained a doubt; and to that
smoothfaced swindler, whom the Lieutenant-Governor had taken so
affectionately by the hand, as the man, who, of all others, came
nearest in point of knowledge, virtue, and ability, to the great
Tom of Boston. He would add to these worthies a pudding-headed
commanding officer (General Brock!) who, if the President had
given in to all his idle “Camelian” projects, would have
introduced utter confusion into the whole system, civil and
military. He anxiously expected Sir James Craig, whose
established fame assured him that a better choice could not have
been made. And he thought it probable that if his dear, dear
Lordship, should not have had an opportunity of honoring him with
a recommendation to His Excellency of established fame, his
services would be dispensed with, and then he could join his
family in England. But should he remain as Secretary to General
Craig, he had it in contemplation to lay before him a copy of his
letter to Lord S., concerning ecclesiastical affairs, though it
would not be prudent to do so until he had ascertained how far
the General’s sentiments accorded with his own. In a postscript
to his letter to the dear Lord Bishop, Mr. Ryland goes into
raptures. He had just received a message from Mr. Dunn, telling
him that the Governor General had arrived. He dressed himself
immediately and got on board the frigate with Mr. Dunn’s answer
to the General’s despatch, before the ship cast anchor, and
before any of the other functionaries knew even that the Governor
General was at hand. He found the General ill in bed, but was so
politely received, that the General begged that he would do him
the favor to continue his secretary. He never was so pleased with
any person at first sight. Although he saw him to every
disadvantage, the General appeared to be a most amiable, a most
intelligent, and a most decided character. He, (the General,)
landed about one o’clock, but was so unwell that he begged to be
left alone, and Mr. Ryland only saw him for an instant. But that
curious beast, the Chief Justice, after intruding himself with
unparalleled assurance, upon the General, before he landed,
forced himself again upon him, at the Chateau, when every body
but the President had withdrawn, and most impudently sat out the
latter. He did so for the purpose of recommending as secretaries,
his father-in-law, and a young man named Brazenson, or
some such name, whom he had brought out with him from England,
but his scheme entirely failed, and his folly would fall upon his
own pate! Mr. Ryland had transacted business with the Governor
every day since he had landed, and had even drawn up a codicil to
his will, the poor, decided Governor, who had adopted Mr. Ryland,
was so ill. Nay, Mr. Ryland, for the love of this one honorable
and just man, could have almost forgotten that he was surrounded
by scoundrels, and would bury in oblivion the mean jealousies of
a contemptible self-sufficiency, and the false professions of
smiling deceit. But should it please Almighty God to remove the
incomparable man, and should there be a chance that the civil
government of the province should be again disunited from the
military command, he did hope that the dear, dear Lord, would
favor him with his utmost interest towards enabling him to make
the exchange which Mrs. Ryland would tell his dear Lordship, the
Bishop, her husband had in contemplation.

Sir James Craig was an officer of good family. He was one of
the Craigs of Dalnair and Costarton, in Scotland, but was born in
Gibraltar, where his father had the appointment of Civil and
Military Judge. He had seen much service in the camp and in the
field. In 1770 he was appointed Aid-de-Camp to General Sir Robert
Boyd, then Governor of Gibraltar, and obtained a Company in the
47th Regiment of the line. Having gone to America, with his
regiment, in 1774, he was present at the battle of Bunker’s Hill,
where he was severely wounded. In 1776, he accompanied his
regiment to Canada, commanding his company at the action at Trois
Rivières, and he afterwards commanded the advanced guard
in the expulsion of Arnold and his “rebels.” He was wounded at
Hubertown, in 1777, and was present at Ticonderoga in the same
year. He was wounded again at Freeman’s Farm, and was at Saratoga
with Burgoyne, and after that disastrous affair was selected to
carry home the despatches. On his arrival in England, he was
promoted to a majority in the 82nd Regiment, which he accompanied
to Nova Scotia, in 1778, to Penobscot, in 1779, and to North
Carolina, in 1781, where he was engaged in a continued scene of
active service. He was promoted to the rank of Major General, in
1794, and the following year was sent on the expedition to the
Cape of Good Hope, where, in the reduction and conquest of that
most important settlement, with the co-operation of Admiral Sir
G. K. Elphinstone and Major General Clarke, he attained to the
highest pitch of military reputation. Nor were his merits less
conspicuous, it is said, in the admirable plans of civil
regulation, introduced by him in that hostile quarter, when
invested with the chief authority, civil and military, till
succeeded in that position by the Earl of Macartney, who was
deputed by the King to invest General Craig with the Red Ribbon,
as a mark of his sovereign’s sense of his distinguished services.
Sir James served, subsequently, in India and in the
Mediterranean, where he contracted a dropsy, the result of an
affection of the liver. This was the officer, of an agreeable but
impressive presence, stout, and rather below the middle stature,
manly and dignified in deportment, positive in his opinions, and
decisive in his measures, though social, polite, and affable, who
was sent out to govern Canada because a rupture with the United
States was considered probable. Sir James on arrival at Quebec
did not, however, consider hostilities imminent. Nor did he
immediately organize the militia. But he lauded the Canadians for
the heroic spirit which they had manifested. One of his first
acts was to release from prison a number of persons convicted of
insubordination, and sentenced to twelve months’ imprisonment in
the gaol of Montreal. The militia of the parish of L’Assomption,
in the district of Montreal, had formed a painful exception in
the spirit which they exhibited on being called upon to enrol for
service, to that which had been exhibited everywhere else. But
the rioting had been immediately suppressed, and the rioters
punished by the ordinary Courts at Montreal. In gaol the rioters
manifested contrition, promised good behaviour for the future,
and Sir James, overlooking the faults of the few in consideration
of the general merit, set the prisoners free. On the 29th of
January, 1808, he convened the Legislature. He regretted, in his
opening speech, that there was little probability of a speedy
cessation of hostilities, in Europe. He congratulated the
“honorable gentlemen,” and “gentlemen,” on the capture of
Copenhagen and the Danish fleet, defending the morality of the
offensive measures against Denmark. He lamented the discussions
that had taken place between His Majesty’s government and that of
America. He hoped that the differences would be so accommodated
as to avert the calamities of war between two nations of the same
blood. He intended that no means should be neglected to prepare
for the worst. Though the militia had been selected, he did not
think it necessary to call them together, no immediate
circumstance seeming to require it. He had appointed
commissioners for the erection of new gaols in Quebec and
Montreal. And he expected perfect harmony and co-operation
between the legislative bodies and himself, as the representative
of the sovereign. All that Sir James wished to be done the
Assembly promised to do.

In those days not only was the Chief Justice a member of the
Upper House, but the Judges of the King’s Bench were not
ineligible for election to the Lower House, and some, or all of
them, contrived to get seats there. It does not appear that the
Chief Justice was in the Upper House a mere government tool, for
Sir Robert Milnes most bitterly complained to the Duke of
Portland, of the opposition to certain measures, which he had met
with, from Chief Justice Osgoode, who, even in public, treated
him contemptuously. But it is yet probable that some of the
judges in the Assembly, were less the representatives of the
people who had elected them, than the mouth-pieces of the
government, to whom they were indebted for their appointments to
the Bench, and on whose good pleasure, their continuance on the
judgment seat, depended. Be that as it may, the Assembly were
jealous of their presence in the House, and accordingly, this
session of Parliament, a motion was introduced into the Assembly,
declaring it to be expedient that the Judges of the Court of
King’s Bench, the Provincial Judges of the Districts of Three
Rivers and Gaspé, and all Commissioned Judges of any
Courts that might afterwards be established, should be incapable
of being elected, or of sitting, or of voting in the House of
Assembly. The motion was adopted, and a bill framed upon the
resolution, passed the Assembly. Unfortunately, heedless of the
pressure of public opinion, the Legislative Council threw out the
bill! The Assembly were greatly incensed, and the idea of
expelling the judges was entertained; but for a while
relinquished.

Mr. Ezekiel Hart appeared at the Bar of the House to take his
seat for Three Rivers, Mr. Lee, the previous representative of
that town, had died in the course of the previous session, and
Mr. Hart had been elected to succeed him. Mr. Hart was a merchant
of good standing. Of the most spotless private character, he
stood in high esteem with his neighbours and fellow townsmen. But
Mr. Hart was not faultless. He was, by birth, education, and
religion, a Jew. When he prayed, he placed the ten commandments
next his heart. In him, those devoted members of the Society of
Jesus, found neither a sympathizer nor a persecutor. A Christian
Legislative Assembly, like that of Canada, of which Sir James
Craig afterwards privately expressed an opinion so ludicrously
high, could not be contaminated with the presence of a Jew. By a
vote of twenty-one to five, it was resolved:—”That Ezekiel
Hart, Esquire, professing the Jewish religion, cannot take a
seat, nor sit, nor vote in this House.” Ezekiel departed. The
word “baruch,” was on his tongue, the signification of
which, like that of the French word “sacré,” may
signify, according to the humour of the utterer, either an
anathema or a blessing. The Assembly being, however, ignorant of
the Hebrew tongue, Mr. Hart was not sent to gaol for breach of
privilege, nor was he even required to apologize. These were the
chief topics of debate, and much time was occupied with them. A
sum was voted to repair the Castle of St. Louis then tottering to
decay. The Militia and the Alien Acts were continued for another
year. A bill for the trial of controverted elections was passed,
and in all thirty-five bills were carried through, all of which
His Excellency, the Governor, sanctioned, except that relative to
gaols in Gaspé, which, though afterwards sanctioned, was
reserved for the pleasure of the King to be expressed on it. On
the 14th of April the Parliament was prorogued. The speech was
somewhat lengthy, and on the whole, it was a good one. Sir James
was induced to put a period to the session that he might be
enabled to issue writs for a new House. The critical situation of
affairs made him anxious for legislative assistance, under
circumstances, that would not be liable to interruption from the
expiration of the period, for which one of the branches was
chosen. He was glad that so much attention had been paid to
business. He was very much pleased to find that a sum of money
had been granted for the repair of the Chateau. Events of great
magnitude had taken place in Europe. Napoleon had succeeded in
exciting Russia, Austria, and Prussia, to hostilities, against
England, and the Ministers of those Courts had demanded their
passports to retire from the Court of St. James. Napoleon had
done more than that. The disturber of mankind had subverted the
government of Portugal, but that magnanimous Prince, Don Pedro,
had emigrated with his Court to the Brazils, rather than submit
to the degrading chains of such a master. His Majesty, the King
of Great Britain, had offered the Americans reparation,
immediately and spontaneously, for the unauthorised attack upon
the Chesapeake, but the American government taking
advantage of the state of affairs in Europe, were endeavoring to
complicate the difficulty, to the injury of that power which
alone stood between it and an inevitable doom to the worst of
tyranny. And in conclusion, he begged the representatives of the
people to instruct their constituents, by the influence of their
education and knowledge; to point out to them a sense of their
duties in due subordination to the laws; to advise them to be
faithfully attached to the Crown; to let them into the knowledge
of their true situation; to conceal not the difficulties by which
the empire was surrounded, but, at the same time, to point out
the miseries Britain was combatting to avoid; and to assure them
that while Britons were united among themselves, there was no
dread of the result of the present struggle between liberty and
despotism.

The war had had its effect upon the trade of the country. The
revenue had fallen off nearly £1,000, being only
£35,943, while the civil expenditure had increased to
£47,231.

In May the general election took place. The contests were not
marked by much bitterness. As before, in the larger towns, the
two origins were equally represented. Even in the counties,
several gentlemen of English extraction, were returned to the
Assembly. Mr. James Stuart, the Solicitor General, now no friend
to the Governor nor to his sub rosa adviser, Mr. Ryland,
was returned for the East Ward of Montreal. Mr. Stuart, a lawyer
of excellent acquirements, of great independence of spirit, and
of extraordinary mental capacity, instead of being raised to the
Attorney-Generalship, on the elevation of Mr. Sewell to the Chief
Justiceship, in the room of Mr. Chief Justice Alcock, who had
died in August, had been superseded by Mr. Edward Bowen, a
barrister of very limited acquirements, and, being then only a
young man, professionally, very inexperienced. Nay, he was soon
afterwards dismissed from the Solicitor-Generalship, by the
Governor, to whom he had, in some mysterious way, given offence.
The Honorable Mr. Panet, Speaker of the Assembly for the four
previous parliaments, was nominated for the Upper Town of Quebec,
and went to the hustings. He presided at an election meeting, at
which there was something like plain-speaking, a particular kind
of speaking most distasteful to the Acting Paymaster General of
Burgoyne’s army, an army with which even Sir James Craig had
himself served. All the official class of the city, “including
the resident military officers, and dependents upon the
Commissariat, Ordnance, and other departments in the garrison,”
entitled to vote, voted in favor of another French gentleman,
more acceptable to the government. The Quebec Mercury was
strongly opposed to the Speaker, who, by his plainspeaking, had
become offensive to Mr. Ryland, the confidant of Sir James
Craig. Mr. Panet lost his election for Quebec, but was returned
to the Assembly for Huntingdon. The Governor and his Secretary
were very much displeased, and the Mercury was inspired to
speak against the bilious spleen of the triumphant Panet, who was
connected with that vile print, the Canadien. During the
election for Quebec, a handbill had appeared, calling the
government feeble. Those who issued that handbill, the
Mercury exultingly remarked, would have felt that they
were not quite under the government of King Log. The
Canadien was, in abuse, the freest of any paper in the
province. It was licentious. It no more consulted that which it
was expedient for a free press to do, than did the House of
Assembly consider that which was suitable to it, a few years
past, on the article of privilege. Mr. Ex-Speaker Panet was
connected with the Canadien. He was also a Colonel of
Militia. It occurred to Mr. Ryland that the position of a militia
officer was incompatible with the proprietorship of a newspaper.
Accordingly, a few days after the return of Mr. Panet for
Huntingdon, Mr. “H. W. R.” the Private Secretary of the Governor
General, was directed to inform Messrs. J. H. Panet,
Lieutenant-Colonel, P. Bedard, Captain, J. T. Taschereau, Captain
and Aid-Major, J. L. Borgia, Lieutenant, and F. Blanchet,
Surgeon, proprietors of the Canadien, that the
Governor-in-Chief considered it necessary for His Majesty’s
service to dismiss them from their situations as Colonel,
Captain, Aid-Major, Lieutenant, and Surgeon, of the Militia. With
regard to the Honorable Mr. Panet, in particular, His Excellency
could place no confidence in the services of a person whom he had
good reason for considering as one of the proprietors of a
seditious and libellous publication, disseminated through the
province, with great industry, to vilify His Majesty’s
government, to create a spirit of dissatisfaction and discontent
among his subjects, and to breed disunion and animosity between
two races. Had it been the purpose of the Canadien and of
its proprietors to breed discord between the two races of settled
inhabitants, the censure of Sir James Craig would have been
deserved. But that was not its purpose. It aimed only at equality
of privileges, and complained of the sway of officials having no
abiding interest in the country. It was a war between the
imported official class and the native-born or naturalized
classes which the Canadien waged. Doubtless, it went,
occasionally, too far. Doubtless, it forgot to make such
distinctions between the officials and the traders or
agriculturists of British origin. Doubtless, it did remember that
the French Canadians had been captives at the conquest, and their
souls revolted at the idea of being lorded over still, though no
longer captives, but British subjects, anxious for the honour of
their King, and ready to defend him from his enemies.

The new Parliament met on the 9th of April, 1809. The Assembly
were directed to choose a Speaker. Out of doors and indoors, in
the Governor’s Castle, at the official desk, in the merchant’s
counting room, in the baker’s shop, in the Council, and in the
Assembly itself, the choice of a Speaker by the Assembly, was a
matter of interest. It was whispered that Mr. Panet had incurred
the Governor’s displeasure, and that all the toadies would vote
against him. It was blandly hinted that Mr. Panet having been
dismissed from the Militia, the House, having, regard to its own
dignity, could not call him to the Chair. It was said in
conversation that Mr. Panet was an excellent and most impartial
Speaker, and it was a pity that he had suffered himself to have
been connected with the seditious and libellous Canadien.
Only for Mr. Panet’s unfortunate position, no more suitable
person, for the highly honorable office of Speaker, could have
been thought of. But he must not be Speaker under present
circumstances. The Assembly thought otherwise and, acting
independently and fearlessly, elected Mr. Panet as their Speaker.
His Excellency the Governor did not much relish the choice. He
did not, however, refuse to confirm Mr. Panet as Speaker of the
Assembly. It was thought that he would be refused confirmation.
But when he appeared at the Bar, with the House at his heels, and
supported by the Mace, the Honorable the Speaker of the
Legislative Council was only commanded to tell Mr. Panet, that
having filled the Chair of Speaker, during four successive
Parliaments, it was not on the score of insufficiency that he
would admit an excuse on Mr. Panet’s part, nor form objections on
his own part. He had no reason to doubt the discretion and
moderation of the present House of Assembly, and as he was, at
all times, desirous of meeting their wishes, so he would be
particularly unwilling not to do so, on an occasion, in which
they were themselves principally interested. He, therefore,
allowed and confirmed Mr. Panet to be Speaker. His Excellency,
though somewhat ironical in his mode of confirmation, acted
liberally and prudently. In His Excellency’s speech from the
throne, allusion was made to the unfavourable posture of affairs
with America; to the revolution in Spain and to the generous
assistance afforded that country by Great Britain; again to the
emigration of the Royal Family of Portugal to Brazil; to
Wellington’s victory at Vimeira, by which Portugal had been
rescued from the French; he cautioned the members of the
Legislature against jealousies among themselves, or of the
government, which could have no other object in view than the
general welfare; and alluded to the non-intercourse and embargo
policy of the United States, which, so far, had operated
favourably for the Canadian trade, particularly in the article of
lumber, which, owing to the exclusion of British shipping from
the Baltic, had become a staple export. The House was not pleased
at the hints about jealousies, nor very much pleased with His
Excellency’s remarks in confirming their Speaker. The reply was
not quite an echo of the speech. It was more. It was a quiet
remonstrance against governmental insinuation. On proceeding to
business, the propriety of expelling the judges was again
discussed. A motion to expel them was even made, but it was
negatived. Some even who were averse to the judges having seats
in the Assembly were not prepared to go the length of expelling
them from the House. All that was wanted was that, in future,
judges should be ineligible for seats in the Assembly. To this
end, a committee was appointed to inquire into the inconvenience
resulting from the elections of judges to the Assembly, with
orders to report to the House. The committee inquired and
reported, and of course, reported unfavourably to the judges. A
bill to disqualify the judges was re-introduced and read a first
time. Mr. Hart again appeared at the Bar to take his seat for
Three Rivers. He had been re-elected. He was still a Jew, and
showed no disposition to recant his error. Nor would the House
recant their error. The resolution which had been adopted against
Mr. Hart’s taking his seat in the previous Parliament was
repeated in this. The House of Assembly went still farther. A
bill to disqualify all Jews from being eligible to seats in the
Assembly, was introduced and read twice. Five weeks had elapsed
and the public business had not begun. The Governor was very much
annoyed. The refractory spirit of the House, as regarded the
judges, was most distasteful to him. Suddenly, on the 15th of
May, he went down to the Legislative Council, assented to five
bills, and summoned the attendance of the Commons. “When I met
you, said the now irate Sir James, at the commencement of the
present session, I had no reason to doubt your moderation or your
prudence, and I therefore willingly relied upon both. I expected
from you a manly sacrifice of all personal animosities. I hoped
for a zealous dispatch of your public duty. I looked for earnest
endeavours to promote the general harmony. I looked for due and
indispensable attention to the other branches of the Legislature.
It was your constitutional duty. It was due to the critical
juncture of the times. I have been disappointed in every hope on
which I relied. You have wasted in frivolous debates, or by
frivolous contests on matters of form, that time and those
talents to which the public have an exclusive title. You have
abused your functions. In five weeks, you have only passed five
bills. You have been so intemperate in debate that moderation and
forbearance is scarcely to be looked for without a new Assembly.
Gentlemen, Parliament is dissolved. A new Parliament will be
convened as soon as convenience will permit. My object in thus
acting, is to preserve the true principles of the free and
happy constitution of the Province
.” He turned with peculiar
satisfaction from lecturing to the Assembly, to offer his
acknowledgements to the gentlemen of the Legislative Council, for
their unanimity, zeal, and unremitting attention to the public
business, manifested in their proceedings. They were not to blame
for the waste of time and for the little that had been done for
the public good. The Assembly were surprised. It never entered
the head of a single member that Sir James Craig, who, on first
meeting a Canadian Parliament, had been so courteous, would have
been so abruptly censorious. A prorogation was anticipated, when
the Usher of the Black Rod commanded, by order of His Excellency,
their presence at the Bar of the Upper House, but the possibility
of a dissolution of Parliament never occurred to any one. The
constitution, boasted so much of, was certainly a happy one. The
representatives of the people were suddenly sent back to their
constituents as unfitted for their business. And for some time,
the country, tickled with the bluntness of the Governor,
applauded the act. Had Sir James desired to be absolute, the
country, before it had had time to consider, would have assisted
His Excellency in a coup d’état. It was not until
the Canadien had taken the matter up energetically that
any of the discarded legislative materials could obtain a hearing
from their constituents. After the Canadien had criticised
the speech from the throne, and had commented on the Bill of
Rights, in allusion to the Governor’s measures, with respect to
the Assembly, and as applicable to the existing circumstances of
the Province—”Nos institutions, notre langue, et
nos lois
,”—public opinion gradually turned round in
favor of the Assembly.

Sir James Craig’s opinion of the Canadians had undergone a
very considerable change for the worse. In a despatch to Lord
Liverpool, some short time afterwards, on the state of affairs in
Canada, which Mr. Ryland was sent to London with, Sir James
speaks of Canada as being a conquered country, a fact
never to be put out of view. He spoke of a colony usually
estimated to contain a population of 300,000 souls. Of these,
20,000, or 25,000 only, might have been English or Americans, and
the remainder were French. They were in language, religion, in
manners, and in attachment, French. They were bound to the
English (officials) by no tie, but that of a common government.
They looked upon the government of the province with mistrust,
jealousy, envy, and hatred. He was certain his opinion of them
was well founded. There were very few French Canadians in the
country who were not tainted with the sentiments he had imputed
to them generally. Common intercourse hardly existed between the
French and English. The lower class, to strengthen a word of
contempt, added the word Anglais to it. The upper classes,
who formerly associated with the English upper classes, had
entirely withdrawn themselves. The Canadians, generally, were
ignorant, credulous, and superstitious. He did not perceive that
they had any great vice except one. Drunkenness was the
prevailing vice. When drunk they were brutal and quarrelsome.
Like other people, suddenly freed from a state of extreme
subjection, they were apt to be insolent to their superiors. They
were totally unwarlike and averse to arms or military habits,
though vain to an excess, and possessing a high opinion of their
prowess. They had been so flattered and cajoled about their
conduct, in the year 1775, that they really believed they stood
as heroes, in history, whereas no people, with the exception of a
very few individuals, behaved worse than they did on that
occasion. Now came the teachings of Mr. Secretary Ryland, which
that gentleman did not think it prudent to bore Sir James with
until he had ascertained how far the incomparable man’s
sentiments accorded with his own. The Superintendent of the
Church of Rome in Canada, had been designated Roman Catholic
Bishop, by other Governors, which was both dangerous and wrong,
in view of the Queen’s supremacy. The Bishop did as he pleased,
in the appointment of curés. His patronage was at least
equal to that of the government. The Bishop was cautious not to
perform any act that might be construed into an acknowledgement
of His Majesty’s rights. He would not obey a Proclamation of the
King for a fast or thanksgiving, but issued a “mandat,” of
his own, to the same effect, but without the least allusion to
His Majesty’s authority. The arms of Great Britain were nowhere
put up in the churches. With the curés no direct
communication with the government existed. The church selected
its ecclesiastics, the Governor knew not why, from the lower
orders. The Bishop was the son of a blacksmith. The Coadjutor was
brother to a demagogue, the Speaker of the Assembly, an “avocat.”
The curés saw in Buonaparte the restorer of the Catholic
religion. The Legislative Council, an object of jealousy to the
Lower House, was composed of everything that was respectable in
the Province. There were about 300,000 French inhabitants to
25,000 English and American, yet there never had exceeded
fourteen or fifteen English members in the House of Assembly,
while then there were only ten, and it was desired to get rid of
the judges! The interests of certainly not an unimportant colony,
was in the hands of six petty shopkeepers, a blacksmith, a
miller, and fifteen ignorant peasants, a doctor or apothecary,
twelve Canadian “avocats” and notaries, and four people
respectable so far as that they did not keep shops, together with
the ten Englishmen, who composed the Legislative Assembly. Some
of the habitants could neither read nor write. Two members
of a preceding Parliament had actually signed the roll by marks,
and there were five more whose signatures were scarcely legible,
and were such as to show that to be the extent of their writing.
Debate was out of the question. A Canadian Parliament did not
understand it. The habitant M.P., openly avowed that the
matter, whatever it was, had been explained to him. The “moutons”
were crammed at meetings held nightly for the purpose. There was
one singular instance, of a habitant, who, in every
instance, voted against the prevailing party. But that was the
solitary exception to a general rule. The Canadians voted en
masse
, as directed—not by the government. The
government was entirely without influence. The Assembly was the
most independent in the world, for the government could not
obtain even that influence which might arise from personal
intercourse. He could not be expected to associate with
blacksmiths, millers, and shopkeepers. Even the avocats
and notaries he could nowhere meet, except during the actual
sitting of Parliament, when he had a day in the week expressly
appropriated to receiving a large portion of them at dinner. The
leaders in the House were mostly a set of unprincipled
avocats and notaries, totally uninformed as to the
principles of the British constitution, or parliamentary
proceedings, which they, nevertheless, professed to take for
their model. Without property to lose, these men had gradually
advanced in audacity, in proportion as they had considered the
power of France as more firmly established by the successes of
Buonaparte in Europe. They were obviously paving the way for a
change of dominion. Without one act by which to point out either
injury or oppression, the people of the Province had been taught
to look upon His Majesty’s government with distrust, and they
publicly declared, while avowing such distrust, that no officer
of the Crown was to be elected into the House. The English in
general and their own seigneurs were entirely proscribed. Except
in the boroughs or cities these classes had no chance of
election. A paper called the Canadien, had been published,
and industriously circulated in the country, for three or four
years, to degrade and vilify the officers of government, under
the title of gens en place; and to bring the government
itself into contempt, by alluding to the Governor as a
ministère, open to their animadversions. Nothing
calculated to mislead the people had been omitted in this vile
print. The various circumstances that brought about the
abdication of James the Second, had been pointed out, with
allusions, as applicable to the government here. “La nation
Canadienne
,” was their constant theme. Religious prejudices,
jealousy, and extreme ignorance, forbade the expectation of any
improvement in the Assembly. Questions before the Houses were
always viewed as affecting or otherwise some temporal right of
their clergy, or having some remote tendency to promote the
establishment of the Protestant interest. How the Act for the
establishment of Public Schools had passed had always been matter
of surprise to him. There was much jealousy at the progress of
the Eastern Townships, which were settled by American loyalists.
The country was beginning to look up to the members of the
Assembly as the governors of the country. Formerly the cry
was—”La Chambre to the devil!” He thought that the
only remedy for the state of things which he had described was to
deprive the province of its constitution, as the provincialists
termed their charter. The people were unfitted for liberty. And
here are the Governor’s reasons for saying that a people were
incapable of free institutions. “That spirit of independence,
that total insubordination among them, that freedom of
conversation, by which they communicate their ideas of
government, as they imbibe them from their leaders, all which
have increased wonderfully within these five or six years, owe
their origin entirely to the House of Assembly and to the
intrigues incident to elections. They were never thought of
before.” One really wonders that even a general officer could
have ventured upon sending to England such trash, a country which
had produced a Charles Fox, who took at the passing of the
Separation Act so opposite a view of human nature. Doubtless, the
habitants are precisely, even at this day, as Sir James
represented them to be. But it was superlative impudence in a man
of plebeian extraction to say that he could not associate with
members of Parliament, who followed the occupation of shopkeeping
for a living. It surely was enough for Buonaparte to have
stigmatized England as a nation of shopkeepers. Sir James might
have left it alone, after having experienced the independent
energies of a nation of wooden clock and wooden nutmeg makers.
The “gens en place” had badly advised him, and he was too
blind to see it. Sir James was an Indian Governor with a
vengeance.

The fortifications of the City of Quebec had been much
improved during the summer of 1808, and the foundations of the
four martello towers, which now stand outside of the
fortifications, on the land side, at the distance of nearly a
mile, were laid.

After the dissolution of the Parliament, about the middle of
June, the Governor set out on a tour through the Province. He was
attended by a numerous suite, travelled in great state, and was
well received wherever he halted. At Three Rivers, Montreal, St.
Johns, and William Henry, addresses were presented to him. He was
applauded and even thanked for having stretched the royal
prerogative so far as to dissolve the House without any
sufficient reason. What was gained by the fulsome adulation is
not particularly apparent, unless it be that the Canadien
had an opportunity afforded it for not very flattering
criticisms. The opportunity was not by any means lost. The
Canadien grinned at the gens en place, and even
ventured to laugh at the royal prerogative himself. But the
gens en place were not to be laughed out of countenance by
a vile print, which only could appeal to French passions and
Romish prejudices. They only waited until His Excellency returned
to Quebec, to renew their congratulations. The citizens of
Quebec, on Sir James’ return to the Chateau, waited upon him with
an address. They approved of his judicious and firm
administration. Sir James, perfectly elated, expressed, in a
particular manner, his satisfaction. It was most gratifying to
have received such an address from those whose “situations”
afforded them the more immediate opportunity of judging of the
motives by which he might be actuated on particular
occasions.

In November of this year, the first steamer was seen on the
St. Lawrence. At 8 o’clock on the 6th of that month, the
steamboat Accommodation arrived at Quebec, with ten
passengers from Montreal. She made the passage (180 miles) in
sixty-six hours, having been thirty hours at anchor. In twenty
hours, after leaving Montreal, she arrived at Three Rivers. The
passage money was only eight dollars for the downward trip and
nine dollars for the trip upward. Neither wind nor tide could
stop the Accommodation, and the Accommodation was
eighty-two feet long on deck. The accommodation afforded to
passengers was not, however, very great. Twenty berths were all
that cabin passengers could be accommodated with. Great crowds
visited her saloons. The Mercury told its readers that the
steamboat received her impulse from an open, double-spoked
perpendicular wheel, on either side, without any circular band or
rim. To the end of each double-spoke, a square board was fixed,
which entered the water, and by the rotatory motion, acted like a
paddle. The wheels were put and kept in motion by steam, which
operated in the vessel. And a mast was to be fixed in her for the
purpose of using a sail, when the wind was favourable, which
would occasionally accelerate her headway. After the
Accommodation had made several trips, Upper Canada began
to “guess” about the expediency of having “Walks-in-the-Water.”
The Accommodation was built by Mr. John Molson, of
Montreal, an exceedingly enterprising man of business, and for a
number of years, his enterprise secured to him a monopoly of the
steam navigation of the lower St. Lawrence. He died an
“honorable,” only a few years ago.

During 1808, 334 vessels, or according to the Harbour Master’s
statement, 440 vessels, arrived at Quebec from sea, making up
66,373 tons of shipping, in addition to which, 2,902 tons of
shipping were built at the port. The revenue was £40,608,
and the civil expenditure £1,251 sterling. The salaries and
contingencies of the Legislature amounted to £3,077. The
salary of the Governor-in-Chief was £4,500 sterling, and
that of the Lieutenant-Governor, who had been three years absent
in England, £1,500. On the 28th of November, in this year,
Sir Francis Nathaniel Burton, whose brother was Marquis of
Cunningham, succeeded Sir Robert Shore Milnes, in the now
sinecure office of Lieutenant-Governor, where he remained to
enjoy the otium sine dignitate.

A continuance of the peace between His Majesty’s government
and that of the United States was, in the beginning of 1810,
considered less probable than ever. After the death of
Washington, which occurred on the 4th December, 1799, during the
Presidency of Mr. Adams, political excitement ran high in the
United States. At the expiration of Mr. Adams’ term of office,
there were, as candidates for the Chief Magistracy of the Union,
and for the Vice-Presidency:—Mr. Jefferson and Mr. Burr, on
the one side, and Mr. Adams and Mr. C. D. Pinckney, on the other.
Mr. Adams, elected by the Federalist or Tory party, had given
much offence to the Democratic party, by his law against
sedition, designed to punish the abuse of speech and of the
press. By this law a heavy fine was to be imposed, together with
an imprisonment for a term of years, upon such as should combine
or conspire together, to “oppose any measure of the
government.” No one, on any pretence, under pain of similar
punishment, was to write or print, utter or publish, any
malicious writing against the government of the United States, or
against either House of the Congress, or against the President.
In a word, the liberty of discussion was annihilated. A more
extraordinary law could not possibly have been put upon the
Statute Books of a country, where every official, being elective
by the people, his conduct, while in office was, in a common
sense point of view, open to popular animadversion. As far as
producing the effect contemplated was concerned, the law was
altogether inefficacious. The people met and talked together
against their President, the Senate, and the House of
Representatives. Nay, Mr. Adams lost what he designed to secure,
his re-election, by it. The Democrats were furiously opposed to
him. While Messrs. Jefferson and Burr got each seventy-three
votes, the opposition candidates for President and
Vice-President, Messrs. Adams and Pinckney only got, for the
former, sixty-five votes, and for the latter, sixty-four. Messrs.
Burr and Jefferson having each an equal number of votes, it
became the duty of the House of Representatives, voting by
States, to decide between these pretenders to the chief power in
the State. The constitution provided that the person having the
greatest number of votes should be President, and that the person
having the next highest number of votes should be Vice-President.
For several days the ballot was taken. The Federalists or Tories
supported Mr. Burr, and the Democrats Mr. Jefferson. At last the
choice fell upon the latter, and Mr. Burr was elected to the
Vice-Presidency. It is well to know these circumstances in
connection with subsequent events. Mr. Jefferson annihilated the
minority of the republic. He had as much contempt for them as Sir
James Craig or Mr. Ryland could have had for the conquered
Canadians. He swept them from every office of profit or emolument
under the State. When remonstrated with, by the merchants of New
Haven, respecting the removal of the Collector of Customs at that
port, merely because he was a Federalist or tory, the President
quietly replied, that time and accident would give the Tories
their just share. Had he found a moderate participation of office
in the hands of the Democratic party with whom he acted, his
removals and substitutions would have been less sweeping. But
their total exclusion called for a more prompt corrective. And he
would correct the error. When the error was fully corrected then
he would only ask himself concerning an applicant for office,
these questions:—”Is he honest?” “Is he capable?” and “Is
he faithful to the Constitution?” The Tories were almost inclined
to burn the White House.

Ohio was admitted into the Union in 1802; in 1804, Colonel
Burr, the Vice-President of the United States, killed General
Hamilton in a duel; Mr. Jefferson was re-elected President in
1804, and Mr. George Clinton, of New York, instead of Burr, now
deservedly unpopular with all but the filibustering classes,
Vice-President; in 1805, Michigan became a territorial government
of the United States; and in the autumn of 1805 the outcast
President Burr was detected at the head of a project for
revolutionizing the territory west of the Alleghanies, and of
establishing an independent empire there, of which New Orleans
was to be the capital, and himself the chief. To the
accomplishment of this scheme, Burr brought into play all the
skill and cunning of which he was possessed. And it was not a
little. He had his design long in contemplation. He pretended to
have purchased a large tract of territory, of which he conceded
to his adherents considerable slices. He collected together, from
all quarters where either he himself, or his agents, possessed
influence, the ardent, the restless, and the desperate, persons
ready for any enterprise analogous to their characters. He also
seduced good and well-meaning citizens, by assurances that he
possessed the confidence of the government, and was acting under
its secret patronage. He had another project, in case of the
failure of the first. He designed to make an attack upon Mexico
and to establish an empire there. He failed. Before his standard
was raised, the government was made aware of his designs, and he
was brought to trial, at Richmond, on a charge of treason,
committed within the district of Virginia. It was not proved,
however, that he had been guilty of any overt act, within the
State, and he was released. It was probably to find employment
for that restless and desperate class of persons, with which the
United States even then abounded, that the government of America
sought cause of quarrel with Great Britain, as well as to produce
that spurious activity among the industrial classes, which is
ever the result of warlike preparations.

In 1809, Mr. James Madison was elected President of the United
States. During Mr. Jefferson’s administration, commercial
intercourse with France and Great Britain had been interdicted.
When, however, Mr. Madison was fairly established in the
Presidency, he showed a disposition to renew intercourse, and was
seconded in his endeavours by Mr. Erskine, then British Minister
at Washington. Mr. Erskine non-officially intimated to the
American Secretary of State, that if the President would issue a
Proclamation for the renewal of intercourse with Great Britain,
that it was probable the proposal would be readily accepted. It
was done. But the British government refused to rescind the
Orders in Council of January and November 1807, so far as the
United States were concerned, which would have given the benefit
of the coasting trade of France to the Americans, recalled Mr.
Erskine for having exceeded his instructions, and sent Mr.
Jackson to Washington in his stead. A correspondence was
immediately after Mr. Jackson’s arrival at the American seat of
government, opened with Mr. Madison’s Secretary of State, and was
as suddenly closed. Mr. Jackson was, as a diplomatist, rather
blunt. Repeatedly, he asserted that the American Executive could
not but have known from the powers exhibited by Mr. Erskine, that
in stipulating, as he had done, he had transcended those powers,
and was, therefore, acting without the authority of his
government. The American Executive deemed such an assertion
equivalent to a declaration that the American government did know
that Mr. Erskine had exceeded his instructions. Mr. Jackson
denied that his language could be so interpreted. The American
Executive at once replied that Mr. Jackson’s tone and language
could not but be looked upon as reflecting upon the honor and
integrity of the American government, and the correspondence was
closed. The British government, not considering Mr. Jackson’s
diplomatic efforts as particularly happy, recalled him. He
escaped, however, more direct censure.

These events had just occurred, across the line ’45, when Sir
James Craig, now more anxious than ever, to obtain legislative
assistance, under circumstances that would not be liable to
interruption from the expiration of the period for which one of
the branches was chosen, ordered the writs to be issued for a new
general election. The elections took place in October, 1809,
when, contrary to the expectation of His Excellency, most of the
gentlemen who held seats in the parliament which, in the previous
May, had been so unexpectedly dissolved, were again returned.
There were some substitutions. But those only who halted between
two opinions, in fearing the government, while representing the
people, were supplanted by men who would echo the vox (populi)
et preterea nihil
, in the Chamber of Deputies. They were
called together on the 29th of January, 1810. They were told to
elect a Speaker, which they did, by selecting the former Speaker,
Mr. Panet. They were told to appear at the Bar of the Upper
House. And they did appear in the confusion usual on all similar
occasions. The Governor, graciously confirmed their choice of a
Speaker, and Mr. Panet having bowed his acknowledgments, His
Excellency expressed his concern that, far from an amicable
settlement of the existing differences, between the British and
American governments, as was anticipated from the arrangement
agreed upon by His Majesty’s Minister at Washington,
circumstances had occurred that seemed to have widened the
breach, and to have removed that desirable event to a period
scarcely to be foreseen by human sagacity; the extraordinary
cavils made with a succeeding minister; the eager research to
discover an insult which defied the detection of “all other
penetration;” the consequent rejection of further communication
with that minister, and indeed every step of intercourse, the
particulars of which were known by authentic documents, evinced
so little of a conciliatory disposition, and so much of a
disinclination to meet the honorable advances made by His
Majesty’s government, while these had been further manifested in
such terms, and by such conduct, that the continuance of peace
seemed to depend less on the high sounded resentment of America,
than on the moderation with which His Majesty might be disposed
to view the treatment he had met with; he felt it to be
unnecessary to urge preparation for any event that might arise
from such a condition of things; he persuaded himself that in the
great points of security and defence one mind would actuate all;
he assured the country of the necessary support of regular troops
should hostilities ensue, which with the “interior” force of the
country would be found equal to any attack that could be made
upon the province; the militia would not be unmindful of the
courage which they had displayed in former days, (when, of
course, they behaved worse, with the exception of a few
individuals, than any people ever did![12] ) the bravery
of His Majesty’s arms had never been called in question; he
congratulated the legislature on the capture of Martinique, and
triumphantly alluded to the battle of Talavera, which had torn
from the French that character of invincibility which they had
imagined themselves to have possessed in the eyes of the world.
He recommended the renewal of those Acts which were designed to
enable the Executive to discharge its duty against dangers, which
could not be remedied by the course of common law; he drew
attention to the numerous forgeries of foreign bank notes, and
recommended a penal statute for their suppression; and he
remarked that the question of the expediency of excluding the
Judges of the King’s Bench from the House of Representatives had
been, during the two last sessions, much agitated, and that,
although he would not have himself interdicted the judges from
being selected by the people to represent them in the Assembly,
had the question ever come before him, he had been ordered by His
Majesty to give his assent to any proper bill, concurred in by
the two Houses, for rendering the judges ineligible to a seat in
the Assembly.

The Assembly, very naturally, entertained the opinion that the
Imperial government had not approved of the conduct of Sir James
Craig in dissolving the previous Parliament. Indeed, even before
taking the speech from the throne into consideration, the
Assembly resolved that every attempt of the executive government
and of the other branches of the legislature against the House of
Assembly, whether in dictating or censuring its proceedings, or
in approving the conduct of one part of its members, and
disapproving that of others, was a violation of the statute by
which the House was constituted; was a breach of the privileges
of the House, which it could not forbear objecting to; and was a
dangerous attack upon the rights and liberties of His Majesty’s
subjects in Canada. There were, not ten only, but thirteen
members of British origin now in the House of Assembly, and the
vote, for the adoption of the resolution, exhibited a wonderful
degree of unanimity of opinion with regard to the right of
freedom of opinion and the freedom of debate. There were
twenty-four affirmative to eleven adverse votes, and, among those
who voted with the minority, were some officials of French
origin. In reply to the address from the throne, the House
expressed its unalterable attachment to Great Britain, they were
grateful and would be faithful to that sovereign and nation which
respected their rights and liberties; it was unnecessary to urge
them to prepare for any event that might arise, they would be
prepared; and the militia, not unmindful of the courage which
they had, in former days, displayed, would endeavour to emulate
that bravery, natural to His Majesty’s arms, which had never been
called in question. Nay, the House was exuberant with loyalty. No
sooner was the address in reply presented to the Governor than an
address, congratulating the King on the happy event of having
entered upon the fiftieth year of his reign, was unanimously
adopted, and transmitted to the Governor for transmission to
England. The expediency of relieving the Imperial government of
the burthen of providing for the civil list of Canada was next
discussed. It was considered that the sooner the payment of its
own government officers devolved upon the province, the better it
would be for all classes inhabiting it. Ultimately, the province
would be required to defray the expenses of its own government,
and the sooner it did so the less weighty would the civil list
be. The minority were very much opposed to the proposed change.
Some, who, twenty-seven years before, were most anxious to
present £20,000 to the King, by a tax on goods, wares, and
merchandise, to assist in enabling His Majesty to prosecute the
war against France vigorously, now that the province was more
than paying her expenses, could not see the necessity of saddling
the country with a burthen which would make it, as they alleged,
necessary to impose duties to the amount of fifty thousand pounds
a year. At first, the very ignorant[13] country
people, not knowing that which was going on, became alarmed at
the startling information conveyed to them by the majority. They
expressed their fears that their friends were betraying them.
They were soon pacified. Their members informed them, or they
were informed by the Canadien, that when the House of
Assembly had the entire management of the civil list, they would
not fail to reduce the sum necessary to keep up the hospitality
of Government House, and only, consequently, consideration
for the Governor-in-Chief; nor would they fail to retrench the
several pensions, reduce the heavier salaries of the employees,
cut off the sinecurists, and, in a variety of ways, lessen the
public burthens. The habitants were no longer alarmed at the
additional taxation of £50,000 a year, with which they were
threatened. A series of resolutions passed the Assembly,
intimating that the province was able to supply funds for the
payment of the civil list. The province was able to pay all the
civil expenses of its government. The House of Assembly ought
“this session” to vote the sums necessary for defraying the
expenses of the civil list. The House will vote such
necessary sums. And the King, Lords, and Commons of England, were
to be informed that the Commons of Canada had taken upon itself
the payment of the government of the province and that they were
exceedingly grateful to England for the assistance hitherto
afforded, and for the happy constitution, which had raised the
province to a pitch of prosperity so high that it was now able
and willing to support itself. Ten gentlemen of British
extraction voted against these resolutions and only one Canadian.
The address to the King, pursuant to the resolutions, was carried
by a vote of thirteen to three. Many members appear to have been
afraid of themselves or rather of the consequences to be
apprehended from the offence which the adoption of such
resolutions was calculated to give the Imperial advisers of the
representative of the King in a colony. Nay, the
Governor-in-Chief did not much relish the resolutions. He turned
them over in his mind, again and again. There was something more
than appeared upon the surface. He disrelished the idea of
getting his meat poisoned by its passage through Canadian
fingers. He was sure the King, his master, would pay him well,
but, as for the Canadians, they might stop the supplies. The
Assembly waited upon His Excellency with their addresses. They
requested that His Excellency would be pleased to lay them before
His Majesty’s ministers for presentation. Sir James hesitated.
The addresses were so peculiarly novel as to require a
considerable degree of reflection. The constitutional usage of
Parliament, recognised by the wisdom of the House of Commons of
the United Kingdom, forbade all steps on the part of the people
towards grants of money which were not recommended by the Crown,
and although by the same parliamentary usage all grants
originated in the Lower House, they were ineffectual without the
concurrence of the Upper House. There was no precedent of
addresses to the House of Lords, or Commons, separately, by a
single branch of the Colonial Legislature. He conceived the
addresses to be unprecedented, imperfect in form, and founded
upon a resolution of the House of Assembly, which, until
sanctioned by the Legislative Council, must be ineffectual,
except as a spontaneous offer on the part of the Commons of
Canada. The resolutions were premature. He regretted that he
could not take it upon himself to transmit these addresses to His
Majesty’s ministers. In his refusal he was impressed by a sense
of duty. But, besides the sense of duty, His Majesty’s ministers,
unless commanded by His Majesty, were not the regular organs of
communication with the House of Commons. Even were he to transmit
those addresses, he could not pledge himself for their delivery,
through that channel. He would have felt himself bound upon
ordinary occasions to have declined any addresses similar to
those then before him, under similar circumstances. He would on
the present occasion transmit to the King his own testimony of
the good disposition, gratitude, and generous intentions of his
subjects. He thought it right that His Majesty, “by their own
act,” should be formally apprised of the ability and of the
voluntary pledge and promise of the province to pay the civil
expenditure of the province when required. He then engaged
to transmit the King’s address to His Majesty, with the
understanding that no act of his should be considered as
compromising the rights of His Majesty, of his Colonial
Representative, or of the Legislative Council. He significantly
hoped that the House of Assembly might not suppose that he had
expressed himself in a way that might carry with it an appearance
of checking the manifestation of sentiments under which the House
had acted. A committee of seven members were, on the receipt of
His Excellency’s answer, appointed to search for the precedents
and parliamentary usages alluded to by the Governor-in-Chief,
with instructions to report speedily. And, that there might be no
excuse, with regard to the improper introduction of a money
matter, for a refusal to sanction any bill that the Assembly
might think proper to pass, a resolution was adopted by the
Assembly to the effect that the House had resolved to vote, in
the then session, the sums necessary for paying all the civil
expenses of the government of the province, and to beseech that
His Excellency would be pleased to order the proper officer to
lay before the House an estimate of the said civil expenses. The
practice of these avocats, shopkeepers, apothecaries,
doctors, and notaries, was tolerably sharp. The House went again
to work upon the expediency of appointing a Colonial Agent in
England, and introduced a bill with that object, which was read.
A bill to render the judges ineligible to sit in the Assembly
passed the Assembly; but the Council amended the bill, by
postponing the period at which the ineligibility was to have
effect, to the expiration of the parliament then in being, and
sent it back to the Assembly for concurrence. Indignant at this
amendment, the Assembly adopted a resolution to the effect that
P. A. DeBonne, being one of the Judges of the King’s Bench, could
neither sit nor vote in the House, and his seat for Quebec was
declared to be vacant. The vote was decisive. There were eighteen
votes in favor of the resolution and only six against it, the six
being all English names. McCord, Ross, Cuthbert, Gugy, and such
like. If the practice of the avocats was sharp, the
practice of the Governor was yet sharper. Down came the
Governor-in-Chief in two days after the search for precedents had
begun in the Assembly, in not the best of humour, to the
Legislative Council Chamber. On the 26th of February, the
uncontrollable Assembly were summoned before the representative
of royalty. He informed the two Houses that he had come to
prorogue the legislature, having again determined to appeal to
the people by an immediate dissolution. It had been rendered
impossible for him to act otherwise. Without the participation of
the other branches of the Legislature the Assembly had taken upon
themselves to vote that a judge could not sit nor vote in their
House. It was impossible for him to consider what had been done
in any other light than as a direct violation of an Act of the
Imperial Parliament. He considered that the House of Assembly had
unconstitutionally disfranchised a large portion of His Majesty’s
subjects, and rendered ineligible, by an authority they did not
possess, another, and not inconsiderable class of the community.
By every tie of duty, he was bound to oppose such an assumption.
In consequence of the expulsion of the member for Quebec, a
vacancy in the representation of that county had been declared.
It would be necessary to issue a writ for a new election, and
that writ was to be signed by him. He would not render himself a
partaker in the violation of an Act of the Imperial Parliament,
and to avoid becoming so he had no other recourse but that which
he was pursuing. He felt much satisfaction when the Parliament
met, in having taken such steps as he thought most likely to
facilitate a measure that seemed to be wished for, and that, in
itself, met his concurrence; but as, in his opinion, the only
ineligibility of a judge to sit in Parliament arose from the
circumstance of his having to ask the electors for their votes,
he could not conceive that there could be any well founded
objection to his possession of a seat in the Assembly, when he
was elected. He believed that the talents and superior knowledge
of the judges, to say nothing of other considerations, made them
highly useful. He lamented that a measure, which he considered
would have been beneficial to the country, should not have taken
effect. But he trusted that the people, in the disappointment of
their expectations, would do him justice, and acquit him of being
the cause that so little business had been done.

Such is human nature, that, on leaving the Council Room, Sir
James Craig was loudly cheered. His manliness, combined with
stupidity, and his real honesty of purpose, had its temporary
effect upon those who admire pluck as much in a Governor as in a
game cock. Not only was His Excellency cheered on leaving the
Parliament buildings, addresses poured in upon him from all
quarters. Quebec, Montreal, Terrebonne, Three Rivers, Sorel,
Warwick, and Orleans, complimented Sir James. A more cunning man
would have flattered himself that he had acted rightly. But there
was to be a day of retribution. The late members of the late
House of Assembly were not idle. Nor was the Canadien
silent. Every means that prudence could dictate, and malevolence
suggest, were resorted to, with a view to the re-election of the
dismissed representatives. The “friends” of the government
suggested that there were plans of insurrection and rebellion. It
was insinuated that the French Minister at Washington, had
supplied the seditious in Canada with money. It was even broadly
stated that the plenipotentiary’s correspondence had been
intercepted by the agents of the government. And that which was
not said is more difficult of conjecture than that which was
said.

The revenue was this year £70,356, and the expenditure
£49,347 sterling; 635 vessels, consisting of 138,057 tons,
had arrived from sea; and 26 vessels had been built and cleared
at the port.

At this time there were five papers in Lower Canada. The
Quebec Gazette, the Quebec Mercury, Le Canadien,
the Montreal Gazette, and the Courant. The three
former were published in Quebec, the other two in Montreal. The
Gazettes were organs of the government, the Mercury
and Courant were “namby-pamby,” and the Canadien
was as the voice of le peuple.

The elections were, in the month of March, again about to take
place, and the government conceived the magnificent idea of
carrying a printing office by assault. When everything was
prepared, then was the time to act. Headed by a magistrate, a
party of soldiers rushed up the stairs leading to the
Canadien printing office. The proprietor received them
with a low bow, and much annoyance was felt that no opposition
was offered. The premises were searched. Some manuscripts were
found, and, “under the sanction of the Executive,” the whole
press, and the whole papers of every description, were forcibly
seized, and conveyed as booty to the vaults of the Court House.
In this action one prisoner was made. The printer was seized, and
“after examination,” was committed to prison. And, as if an
insurrection were expected, the guards at the gates were
strengthened, and patrols sent in every direction. The public
looked amazed, as well it might. The Mercury did not know
whether most to admire the tyrannical spirit or the consummate
vanity of the Canadians, and of No. 15, of the Canadien,
which contended that the Canadians had rights. As a striking
proof of Canadian tyranny, the Canadien would not allow
any but the members of the Assembly to be a judge of the
expediency of expelling Judge DeBonne! and it was even said that
of all those who signed the address to His Excellency, presented
in the name of Quebec, not one was capable of understanding the
nature of the question. In a dependence, such as Canada,
was the government to be daily flouted, bearded, and treated with
the utmost disrespect and contumely? “He” expected nothing less
than that its patience would be exhausted, and energetic
measures
resorted to, as the only efficient ones. From any
part of a people conquered from wretchedness into every
indulgence, and the height of prosperity, such
treatment, as the government daily received was far different
from that which ought to have been expected. But there were
characters in the world on whom benefits have no other effect
than to produce insolence and insult. The stroke
was struck, the Mercury would say no more. The greatest
misfortune that can ever happen to the press is for it to be in
the possession of invisible and licentious hands. It said no
more, because “the war was with the dead!”

Sir James was not very sure that he had acted either wisely or
well. He thought it necessary to explain. Divers wicked and
seditious writings had been printed. Divers wicked and seditious
writings had been dispersed throughout the province. Divers
writings were calculated to mislead divers of His Majesty’s
subjects. Divers wicked and traitorous persons had endeavoured to
bring into contempt and had vilified the administration, and
divers persons had invented wicked falsehoods, with the view of
alienating the affections of His Majesty’s subjects from the
respect which was due to His Majesty’s person. It was impossible
for His Majesty’s representative longer to disregard or suffer
practices so directly tending to subvert His Majesty’s
government, and to destroy the happiness of His Majesty’s
subjects. He, therefore, announced, that with the advice and
concurrence of the Executive Council, and due information having
been given to three of His Majesty’s Executive Councillors,
warrants, as by law authorised, had been issued, under which,
some of the authors, printers, and publishers of the aforesaid
traitorous and seditious writings had been apprehended and
secured. Deeply impressed with a desire to promote, in all
respects, the welfare and happiness of the most benevolent of
sovereigns, whose servant he had been for as long a period as the
oldest inhabitant had been his subject, and whose highest
displeasure he should incur if the acts of these designing men
had produced any effect, he trusted that neither doubts nor
jealousies had crept into the public mind. He would recall to the
deluded, if there were any, the history of the whole period
during which they had been under His Majesty’s government. It was
for them to recollect the progressive advances they had made in
the wealth, happiness, and unbounded liberty which they then
enjoyed. Where was the act of oppression—where was the
instance of arbitrary imprisonment—or where was the
violation of property of which they had to complain? Had there
been an instance in which the uncontrolled enjoyment of their
religion had been disturbed? While other countries and other
colonies had been deluged in blood, during the prevalent war, had
they not enjoyed the most perfect security and tranquillity?
What, then, could be the means by which the traitorous would
effect their wicked purposes? What arguments dare they use? For
what reason was happiness to be laid aside and treason embraced?
What persuasion could induce the loyal to abandon loyalty and
become monsters of ingratitude? The traitorous had said that he
desired to embody and make soldiers of twelve thousand of the
people, and because the Assembly would not consent, that he had
dissolved the Parliament? It was monstrously untrue, and it was
particularly atrocious in being advanced by persons who might
have been supposed to have spoken with certainty on the subject.
It had been said that he wanted to tax the lands of the country
people, that the House would only consent to tax wine, and that
for such perverseness he had dissolved the Assembly. Inhabitants
of St. Denis! the Governor General never had the most distant
idea of taxing the people at all. The assertion was directly
false. When the House offered to pay the civil list, he could not
move without the King’s instructions. But in despair of producing
instances from what he had done, the traitorous had spoken of
that which he intended to do. It was boldly said that Sir James
Craig intended to oppress the Canadians. Base and daring
fabricators of falsehood! on what part of his life did they found
such assertions? What did the inhabitants of St. Denis know of
him or of his intentions? Let Canadians inquire concerning him of
the heads of their church. The heads of the church were men of
knowledge, honor, and learning, who had had opportunities of
knowing him, and they ought to be looked to for advice and
information. The leaders of faction and the demagogues of a party
associated not with him, and could not know him. Why should he be
an oppressor? Was it to serve the King, the whole tenor of whose
life had been honorable and virtuous? Was it for himself that he
should practice oppression? For what should he be an oppressor?
Ambition could not prompt him, with a life ebbing slowly to a
close, under the pressure of a disease acquired in the service of
his country. He only looked forward to pass the remaining period
of his life in the comfort of retirement, among his friends. He
remained in Canada simply in obedience to the commands of his
King. What power could he desire? For what wealth would he be an
oppressor? Those who knew him, knew that he had never regarded
wealth, and then, he could not enjoy it. He cared not for the
value of the country laid at his feet. He would prefer to power
and wealth a single instance of having contributed to the
happiness and prosperity of the people whom he had been sent to
govern. He warned all to be on their guard against the artful
suggestions of wicked and designing men. He begged that all would
use their best endeavours to prevent the evil effects of
incendiary and traitorous doings. And he strictly charged and
commanded all magistrates, captains of militia, peace officers,
and others, of His Majesty’s good subjects to bring to punishment
such as circulated false news, tending, in any manner, to inflame
the public mind and to disturb the public peace and
tranquillity.

Could anything have been more pitiable than such a
proclamation? The existence of a conspiracy on the part of some
disaffected persons to overthrow the King’s government was made
to appear with the view of covering a mistake. The proclamation
was the apology for the illegal seizure of a press and types used
in the publication of a newspaper, in which nothing seditious or
treasonable had in reality been published. It was true that the
Canadien upheld the Assembly and criticised the conduct of
the Executive, with great severity. It was true that the
Canadien complained of the tyranny of “les
Anglais
.” It was true that the Canadien strenuously
supported the idea of the expenses of the civil list being
defrayed by the province and not by the Imperial government. And
it was true that it contended for “nos institutions, notre
langue, et nos lois
.” It did nothing more. No hint was thrown
out that Canada would be more prosperous under the American, than
under the English dominion. It was not even insinuated that
Canada should be wholly governed by Canadians. All that was
claimed for French Canadians was a fair share in the official
spoils of the land they lived in, freedom of speech, and liberty
of conscience. Governor Craig asked the inhabitants of St. Denis
or any of the other inhabitants of the province to remind him of
any one act of oppression or of arbitrary imprisonment. And at
that very moment the printer of the Canadien was in
prison. Nor was he there alone, there were Messrs. Bedard,
Blanchet, and Taschereau, members of the recently dissolved House
of Assembly, together with Messrs. Pierre Laforce, Pierre
Papineau, of Chambly, and François Corbeille, of Isle
Jésus, to keep him company, on charges of treasonable
practices, concerning which there was not, and never had been,
even the shadow of proof, on charges which the government did not
attempt even to prove, and on charges which were withdrawn
without the accused having ever been confronted with their
accusers. Base and daring fabricators of falsehood!
François Corbeille, an innocent man, the victim only of
unjust suspicions, on the one hand, and of diabolical
selfishness, on the other, died in consequence of the injury his
health received in that prison where tyranny had placed him. But
he could issue no proclamation. His voice was not loud enough in
the tomb to reach the Court of St. James, surrounded as that
Court was, by an impenetrable phalanx of Downing Street
Red-tapists. Canada was only mis-governed because England was
deceived, through the instrumentality of Governors, honorable
enough as men, but so wanting in administrative capacity, as to
be open to the vile flattery and base insinuations of those who
were, or rather should have been at once the faithful servants of
the Crown and of that people who upheld it, who were virtually
taken possession of, on arrival, by the “gens en place,”
and held safely in custody, until their nominal power had ceased.
And when power had passed away, then only did many of them
perceive, as Sir James Craig is reported to have done, the
deception, the ingratitude, and the almost inhumanity of man.
There is some excuse to be offered for the extraordinary course
of policy pursued by Sir James Craig; and an apology even can be
made for the crooked policy of those voluntary advisers who had
hedged him in. Great Britain was at war with France. The name of
a Frenchman was unmusical in the ears of any Englishman of that
period, and it sounded harshly in the ears of the British
soldier. It was France that had prostituted liberty to lust. It
was France that had dragged public opinion to the scaffold and
the guillotine. It was France that held the axe uplifted over all
that was good and holy. It was France that was making all Europe
a charnel-house. It was General Buonaparte of France, who only
sought to subdue England, the more easily to conquer the world.
Many an English hearth had cursed his name. Many a widow had he
made desolate, and many an orphan fatherless. The “conquered
subjects” of King George spoke and thought in French. They held
French traditions in veneration. There could only be a jealousy,
a hatred, a contempt entertained of everything seeming to be
French, in the heart of an Englishman. And these sentiments were
doubtless reciprocated. But, still the French of Canada, were
only, now, French by extraction. They had long lost that love of
the land of their origin, which belongs to nativity. Few men in
the province had been born in France. Few Canadians knew anything
about the new regime, or took any interest in the “Code
Napoléon
.” And few even cherished flattering
recollections of Bourbon rule. The Canadians wanted English
liberty, not French republicanism. The Canadians wanted to have
for themselves so much liberty as a Scotchman might enjoy at John
O’Groats, or an Englishman obtain at Land’s-End. And for so
desiring liberty they were misrepresented, because of English
colonial prejudices, and because of official dislikes and
selfishness. When the first Attorney-General of Canada, Mr.
Mazzeres, afterwards Cursitor Baron of the Exchequer, in England,
of whom Mr. Ryland was but a pious follower, proposed to convert
the Canadians to Anglicism in religion, in manners, and in law,
assuredly little opposition could have been made to the scheme.
Then, the pursuance of Cardinal Richelieu’s policy would, in
after ages, have exemplified that the pen had been mightier than
the sword. Then the whole population of the province could have
been housed in one of the larger cities of the present time. But
when the province had increased in numbers to 300,000, partially
schooled in English legislation, the exercise of despotism was
only as impolitic as it was obviously unjust. It was feared by
the officers of the civil government of Canada, when this
despotism was practised, that the legislature might have the
power, which has since been conceded, of dispensing with the
services of merely imperial officers, and of filling, with
natives to the manor born, every office of profit or emolument in
the province. It was feared if the exclusive power were granted
to the Colonial Legislature of appropriating all the sums
necessary for the civil expenditure of the province, that it
would give the Legislature absolute control over the officers of
the empire and of the colony, and annihilate, if not actually,
potentially, the imperium of Great Britain over her
colony. A distinction was drawn between the privileges of a
colonist and of the resident of the United Kingdom. While every
municipality in the latter was permitted to pay and control its
own officers, the voice of a colonist was to be unheard in the
councils of the nation to which he was attached, and he was to
have no control over the actions of those who were to make or
administer the laws, under which he lived. He was patiently to
submit to the overbearing assumptions of some plebeian Viceroy,
accidentally raised to a quasi-level with the great potentates of
the earth, and inclined to ride with his temporary and borrowed
power, after that great impersonage of evil, which, it is
alleged, the beggar always attempts to overtake when, having
thrown off his rags and poverty, he has been mounted on
horseback. It is admitted that at this time the province was
controlled by a few rapacious, overbearing, and irresponsible
officials, without stake or other connection with the country,
than their offices,[14] having no sympathy with the
mass of the inhabitants. It is admitted that these officials
lorded it over the people, upon whose substance they existed, and
that they were not confided in, but hated. It is admitted that
their influence with the English inhabitants arose from the
command of the treasury. And it is admitted that, though only the
servants of the government, they acted as if they had been
princes among the natives and inhabitants of the province, upon
whom they affected to look down, estranging them from all direct
intercourse, or intimacy, with the Governor, whose confidence, no
less than the control of the treasury, it was their policy to
monopolise. To the candidates for vice-regal favors, their smiles
were fortune, and their frowns were fate. The Governor was a
hostage in the keeping of the bureaucracy, and the people were
but serfs.

Nothing has been left on record to show that when Sir James
Craig issued his absurd proclamation, treason was to have been
feared, unless it be that the clergy were required to read the
proclamation from the pulpits of the parish churches, that Chief
Justice Sewell read it from the Bench, that the Grand Jury drew
up an address to the Court and strongly animadverted upon the
dangerous productions of the Canadien, and that the
Quebec Mercury expressed its abhorrence of sedition, and
chronicled the fact that 671 habitants had expressed their
gratitude to the Governor, for his “truly paternal
proclamation.”

In the April term of the Court of King’s Bench, the release of
Mr. Bedard from gaol, was attempted, by an attempt to obtain a
writ of Habeas Corpus. But the Bench was not sufficiently
independent of the Crown. The writ was refused. The State
prisoners were compelled to remain in prison, indulging the hope
that whatever charges could be preferred against them would be
reduced to writing, and a trial be obtained. It was hoping
against hope. Some of the imprisoned fell sick, among whom was
the printer of the Canadien, and all in the gaol of
Quebec, with the exception of Mr. Bedard, were turned out of
prison. Mr. Bedard refused to be set at liberty without having
had the opportunity of vindicating his reputation by the verdict
of a jury. Conscious of the integrity of his conduct, and of the
legality of his expressed political opinions, he solicited trial,
but the September session of the Criminal Term of the King’s
Bench was suffered to elapse without any attention having been
paid to him. Three of the prisoners were imprisoned in the gaol
of Montreal, and were not only subjected to the inconveniences
and discomforts of a damp and unhealthy prison, but to the petty
persecutions of a relentless gaoler. They were one after the
other enlarged without trial, Mr. Corbeil only to die.

In the course of the summer the government had been occupied
with the regulation and establishment of a system of police, in
Montreal and Quebec, and, with that view, salaried chairmen were
appointed to preside over the Courts of Quarter Sessions. The
government also determined upon opening up a road to the Eastern
Townships, which would afford a direct land communication between
Quebec and Boston. Commencing at St. Giles, on the south shore of
the St. Lawrence, that road to the township of Shipton, which
still bears the name of Governor Craig, was completed by a
detachment of troops.

On the 10th of December, Parliament again met. The House of
Assembly re-elected Mr. Panet to the Speakership, and the
Governor approved of his election. In his speech from the throne,
Governor Craig had never doubted the loyalty and zeal of the
parliaments which had met since he had assumed the administration
of affairs. He was confident that they were animated by the best
intentions to promote the interests of the King’s government and
the welfare of the people. He looked for such a disposition in
the tenor of their deliberations. He called their attention to
the temporary Act for the better preservation of His Majesty’s
government, and for establishing regulations respecting aliens or
certain subjects of His Majesty, who had resided in France. No
change had taken place in the state of public affairs, that would
warrant a departure from those precautions which made the Act
necessary. He did not mean that it should be supposed that he
meant to divide the interests of His Majesty’s government from
the interests of the public, for they were inseparable. But the
preservation of His Majesty’s government was the safety of the
province, and its security was the only safeguard to the public
tranquillity. He therefore recommended those considerations
together with the Act making temporary provision for the
regulation of trade between Canada and the United States to their
first and immediate consideration. He entreated them to believe
that he should have great satisfaction in cultivating that
harmony and good understanding which must be so conducive to the
prosperity and happiness of the colony, and that he should most
readily and cheerfully concur, in every measure, which they might
propose, tending to promote those important objects. And he
further intimated that the rule of his conduct was to discharge
his duty to his sovereign, by a constant attention to the welfare
of his subjects, who were committed to his charge, and these
objects he felt to be promoted by a strict adherence to the laws
and principles of the constitution, and by maintaining in their
just balance the rights and privileges of every branch of the
legislature. Sir James Craig’s attempts at maintaining a balance
of power were the chief causes of all his blundering. He did not
himself know the proper balance of power between himself and the
governed. He could not possibly perceive when his balance-beam
was out of its centre, and if he had seen a slight leaning to one
side, and that side not his own, he could not have conceived that
the scales of justice would have been very much affected. It
never occurred to him that the displacement of it, only to the
extent of one-sixteenth half of an inch, on the side of
Government and Council, would weigh a quarter of a century
against the Assembly, the people and progress. But so it was. The
beam with which Sir James Craig would have and did weigh out
justice, was one-sided, and, to make matters still worse, the
Governor threw into the adverse scale a host of his own
prejudices, and of the prejudices of his secret councillors. He
would have been glad, had the House expelled Mr. Bedard, one of
its members, on the plea that it was prejudicial to its dignity
that a representative of the people should be kept in durance,
while the House was in session, and still more discreditable that
that member should be charged with treason. Hardly had he
delivered his speech, and the Assembly returned to their chamber,
when the Governor sent a message to the House intimating that Mr.
Bedard, who had been returned to Parliament, as the
representative of Surrey, was detained in the common gaol of
Quebec, under the “Preservation Act,” charged with treasonable
practices. The House most politely thanked the Governor-in-Chief
for the information. The House resolved that Mr. Bedard was in
the common gaol of Quebec. The House resolved that Pierre Bedard
was, on the 27th day of March, returned to Parliament, as one of
the Knights Representative of Surrey. The House resolved that
Pierre Bedard, was then one of the members of the Assembly, for
the existing Parliament. The House resolved that the simple
arrest of any one of His Majesty’s subjects did not render him
incapable of election to the Assembly. The House resolved that
the Government Preserves Act, guaranteed to the said Pierre
Bedard, Esquire, the right of sitting in the Assembly. And the
House resolved to present a humble address to His Excellency,
informing him that his message had been seriously considered,
that several resolutions had been passed, which they conceived it
to be their duty to submit to His Excellency, and that it was the
wish of the House that Pierre Bedard, Esquire, Knight
Representative for the County of Surrey, might take his seat in
the House. The vote in favor of the resolutions was expressively
large. There were twenty-five members present, and twenty voted
for the resolutions. Messrs. Bourdages, Papineau, senior, Bellet,
Papineau, junior, Debartch, Viger, Lee, and Bruneau, were named a
committee to present an address to the Governor, founded on the
resolutions, but they managed to escape that honor. When it was
moved to resolve that an enquiry be made as to the causes which
had prevented the messengers from presenting the address, as
ordered by the House, Mr. Papineau, senior, moved that nothing
more should be said about the address, and the motion was
carried. Nor was anything more said about the unfortunate
gentleman who was imprisoned, as the Governor himself afterwards
stated, only as a measure of precaution, not of punishment, until
the close of the session, when he was released. He was kept in
Ham because he might have done mischief, on the principle that
prevention is better than cure, and, when Mr. Bedard desired to
know what was expected of him, the Governor sent for his brother,
the curé, and authorized him to tell Mr. Bedard that he
had been confined by government, “only looking to its security
and the public tranquillity,” and that when Mr. Bedard expressed
a sense of that error, of which he was ignorant, he would be
immediately enlarged. Mr. Bedard replied courteously, but
declined admitting any error, which he had not made, or of
confessing to any crime of which he was not guilty. The Governor
had heard of the resolutions of the House, and expected the
presentation of the address embodying them, when he received an
application from the elder Papineau, one of the committee,
requesting a private conference on the subject of the
resolutions. That conference only drew from His Excellency the
remark that:—”No consideration, Sir, shall induce me to
consent to the liberation of Mr. Bedard, at the instance of the
House of Assembly, either as a matter of right, or as a favor,
nor will I now consent to his being enlarged on any terms during
the sitting of the present session, and I will not hesitate to
inform you of the motives by which I have been induced to come to
this resolution. I know that the general language of the members,
has encouraged the idea which universally prevails, that the
House of Assembly will release Mr. Bedard; an idea so firmly
established that there is not a doubt entertained upon it in the
province. The time is therefore come, when I feel that the
security as well as the dignity of the King’s government,
imperiously require that the people should be made to understand
the true limits of the rights of the respective parts of the
government, and that it is not that of the House of Assembly to
rule the country.” And Mr. Bedard, sensible of having done no
wrong, remained in gaol until the Parliament was prorogued, as an
example to the people that there was no public opinion worth
heeding, in the province, and that the power of the Governor was
something superior to that of the Assembly. The Assembly went to
work after having made the fruitless attempt to liberate Mr.
Bedard, and passed as many bills as were required. The “gaols”
bill was temporarily continued: the repairs of the Castle of St.
Lewis having cost £14,980, instead of £7,000, as
contemplated, the additional outlay was voted; £50,000 were
voted towards the erection of suitable parliament buildings. The
Alien Act and that for the Preservation of the Government were
continued, together with the Militia Act, to March 1813; the bill
to disqualify judges from being elected to the Assembly passed
both Houses, and to these the Governor assented, proroguing the
Parliament afterwards with great pleasure. Communication with
Europe had been difficult during the winter, on account of the
impediments thrown in the way of American commerce. The Princess
Charlotte had died, and the sovereign himself had become
alarmingly indisposed. A new Act of non-intercourse had been
passed in the American Congress. He had seen among the Acts
passed, and to which he had just declared His Majesty’s assent,
with peculiar satisfaction, the Act disqualifying the judges from
holding a seat in the House of Assembly. It was not only that he
thought the measure right in itself, but that he considered the
passing of an Act for the purpose, as a complete renunciation of
the erroneous principle, the acting upon which put him
under the necessity of dissolving the last parliament. The
country was becoming luxuriantly rich, and he hoped that all
would be harmony and tolerance. He would be a proud man who could
say to his sovereign that he found the Canadians divided and left
them united.

On the 19th of June, 1811, Lieut.-General Sir James Craig
embarked for England, in H.M.S. Amelia. Previous to his
departure he received addresses from Quebec, Montreal, Three
Rivers, Warwick, and Terrebonne, and when he was about to leave
the Chateau St. Louis, the British population, who admired the
old General more perhaps than they did the constitutional ruler,
exhibited considerable feeling. The multitude took the place of
His Excellency’s carriage horses and popularly carried away, to
the Queen’s wharf, His Majesty’s representative. Nay, the old
soldier, who really had a heart, almost wept as he bade farewell
to men, some of whom he had first met with in the battle field,
and had since known for nearly half a century. Sir James too was
ill. It was not indeed expected that he would have lived long
enough to reach England. His dropsy was becoming not only
troublesome but dangerous.[15]

Sir James was succeeded in the administration of the
government of Canada by Mr. Dunn.

The Canadians had, during the administration of Governor
Craig, earnestly pursued Junius’ advice to the English nation.
They had never, under the most trying circumstances, suffered any
invasion of their political constitution to pass by, without a
determined and persevering resistance. They practically exhibited
their belief in the doctrine that, one precedent creates another;
that precedents soon accumulate and constitute law; that what was
yesterday fact becomes to-day doctrine; that examples are
supposed to justify the most dangerous measures, and that where
they do not suit exactly, the defect is supplied by analogy. They
felt confident that the laws which were to protect their civil
rights were to grow out of their constitution, and that with it
the country was to fall or flourish. They believed in the right
of the people to choose their own representatives. They were
sensibly impressed with the idea that the liberty of the press is
the palladium of the civil, political, and religious rights of a
British subject, and that the right of juries to return a general
verdict, in all cases whatsoever, is an essential part of the
British constitution, not to be controlled, or limited, by the
judges, nor in any shape to be questionable by the legislature.
And they believed that the power of the King, Lords, and Commons,
was not an arbitrary power, but one which they themselves could
regulate. In a word, they believed that, whatever form of
government might be necessary for the maintenance of order, and
for putting all men on an equality in the eye of the law, the
people themselves were the source of all power, and they acted
accordingly.

Mr. Peel, (afterwards Sir Robert Peel,) Under Secretary of
State, condemned the conduct of Sir James Craig, as Governor of
Canada. Mr. Ryland, himself, informed Sir James, by letter, from
London, whither he had been sent with despatches, that when he
observed to Mr. Peel that Sir James Craig had all the English
inhabitants with him, and, consequently, all the commercial
interest of the country, Mr. Peel remarked that the Canadians
were much more numerous, and he repeated the same remark
more than once, in a way that indicated a fear of doing anything
that might clash with the prejudices of the more numerous
part of the community. And when Mr. Ryland ventured to suggest
that the decided approbation of the Governor’s conduct could not
fail to have a desirable effect on the minds of the
Canadians, and that the best way of expressing such approbation,
was by suspending the constitution, as Sir James Craig had
recommended, Mr. Peel thought that a reunion of the provinces
would be better than a suspension of the constitution of Lower
Canada. Lord Liverpool thought that it was not very necessary to
imprison the editors of the Canadien. He quietly asked if
they could not have been brought over to the government? Mr.
Ryland said that it was not possible, that Mr. Bedard’s motive
for opposing the government, was possibly to obtain office, but
he had acted in such a way as to make that impossible. At dinner
with the Earl of Liverpool, at Coombe Wood, Mr. Ryland seems to
have had a combing from Mr. Peel. He writes to Sir James Craig
that, in a conversation with Mr. Peel, before dinner, concerning
the state of things in Canada, he was mortified to find that he
had but an imperfect idea of the subject. He expressed himself as
though he had thought that Sir James Craig had dissolved the
House of Assembly on account of their having passed a bill for
excluding the judges. He endeavored to give Mr. Peel a clear and
correct conception of these matters, but God knew with what
success! He recollected Governor Craig’s advice, and kept his
temper, but it was really very provoking to see men of fine
endowments and excellent natural understanding, too inattentive
to make themselves masters of a very important subject, which had
been placed before them, in an intelligible manner. When Mr. Peel
asked him if the English members of the House were always with
the government, Mr. Ryland said that in every case of importance,
with the exception of Mr. James Stuart, formerly
Solicitor-General, the English members always supported the views
of the government. And, indeed, the Attorney-General of England,
Sir Vicary Gibbs, reported against the despotic intentions of Sir
James Craig, and, at the suggestion of his secretary, further
expressed his official opinion that the paper published in the
Canadien, and upon which the proceedings of the Executive
Council of Canada had been founded, was not such as to fix upon
the publishers, the charge of treasonable practices, and that it
was only the apprehensions that had been in Canada entertained,
of the effects of the publication of the paper in the
Canadien, that might have made it excusable to resort to
means, not strictly justifiable in law, for suppressing
anticipated mischief. The truth was simply that a stupid old man,
filled with the most violent prejudices, against change of any
sort, had been sent to govern a new and rapidly rising country,
and knew not how success was to be obtained. His mind was full of
conspiracies, rebellions, and revolutions, and nothing else. When
he retired to rest, and had drawn the curtains of his bed, there
sat upon him, night after night, three horrible
spectres:—the Rebellion in Ireland, the Reign of Terror in
France, and the American revolution. He slept only to dream of
foul conspiracies, and he was dreaming how they best could be
avoided, when in broad daylight he was most awake.

Upper Canada had not yet become sufficiently populous to
require much legislation. Indeed, the legislature of that
province hardly transacted any business more important than now
devolves upon some insignificant county municipality. There was
as yet no party. There were as yet no grievances. Parliament was
annually assembled by Governor Gore, rather because it was a rule
to which he was bound to attend, than because it was required. He
met his parliament again, on the 1st of February, 1811, and
business having been rapidly transacted, the royal assent was
given to nine Acts, relative to the erection and repair of roads
and bridges, to the licensing of petty chapmen, to the payment of
parliamentary contingencies, to the regulation of duties, to the
further regulation of the proceedings of sheriffs, in the sale of
goods and chattels, taken by them in execution, to assessments,
to bills of exchange, and to the raising and training of the
militia.

On the 30th of September, in the same year,
Lieutenant-Governor Francis Gore resigned the government into the
hands of Major-General, Sir Isaac Brocke, and returned to
England, Mr. Dunn, having, on the 14th of the same month, been
relieved of the government of Lower Canada, by Lieutenant-General
Sir George Prevost, Baronet, the Lieutenant-Governor of Nova
Scotia, and now appointed Governor General of British North
America, in consideration as well of his administrative ability,
as of his distinguished reputation as an officer in the army. No
sooner had Sir George arrived at Quebec, than he set out on a
tour of military observation. War was now more than ever
imminent. Another difficulty had occurred at sea. A British sloop
of war, the Little Belt, had been fired into by the
American frigate, President, and, in the rencontre which
followed, had suffered greatly in her men and rigging. The
British Orders in Council had not been rescinded, American
commerce was crippled, the revenue was falling off, and there was
that general quarrelsomeness of spirit which, sooner or later,
must be satisfied, pervading the middle States of the American
Union. Congress was assembled by proclamation, on the 5th of
November, and the President of the United States indicated future
events by a shadow in his opening “Message.” Mr. Madison found
that he must “add” that the period had arrived which claimed from
the legislative guardians of the national rights, a system of
more ample provision for maintaining them. There was full
evidence of the hostile inflexibility of Great Britain. She had
trampled on rights, which no independent nation could relinquish,
and Congress would feel the duty of putting the United States
into an armour and an attitude, demanded by the crisis, and
corresponding with the national spirit and expectation. Congress
did as they were recommended to do. Bills were passed having
reference to probable hostilities, one of which authorized the
President to raise, with as little delay as possible, twenty-five
thousand men.

In Canada every man held his breath for a time.

CHAPTER III.

General Prevost was the very opposite of Sir James Craig.
While the latter considered force the only practical persuasive,
the former looked upon persuasion as more practicable than force.
He was determined to be conciliatory, to throw aside unjust
suspicions, to listen to no tales from interested parties, to
redress such grievances as existed, and to create no new causes
of discontent if he could avoid it. He was made acquainted with
all the steps that had been taken by his predecessor, and he
entered on the administration of the government of Lower Canada,
with a determination to pursue a very opposite policy. A few
weeks after his assumption of office he remodelled, or rather
recommended to the Imperial ministry, the expediency of
remodelling the Executive Council. He caused seven new members to
be added to it, and he further offended the officers of the
principalities or departments, by preferring to places of trust
and emolument, some of the demagogues persecuted by Sir James
Craig. Sir George Prevost met the parliament on the 21st of
February, 1812. He congratulated the country on the brilliant
achievements of Wellington, in the deliverance of Portugal and
the rescue of Spain from France. Notwithstanding the changes, so
astonishing, which marked the age, the inhabitants of Canada had
witnessed but as remote spectators the awful scenes which had
desolated Europe. While Britain, built by nature against the
contagious breath of war, had had her political existence
involved in the fate of neighboring nations, Canada had hitherto
viewed without alarm a distant storm. The storm was now
approaching her. The mutterings of the thunder were already
within hearing. All was gloomy, still, and lurid. It was
necessary to be vigilant. To preserve the province from the
dangers of invasion it would be necessary to renew those Acts
which experience had proved essential for the preservation of His
Majesty’s government, and to hold the militia in readiness to
repel aggression. The renewal of the “Preservation Acts,” was not
that which the Assembly very much desired. They had had enough of
such “Preservation” of government Acts already. They would much
rather have been preserved from them than be preserved with them.
On the principle of self preservation, the Assembly would rather
be excused from continuing any such Act as that which had been so
abused as to have afforded a licence for the imprisonment of
three members of the Assembly, on vague charges, which the
ingenuity of the public prosecutor could not reduce to
particulars. Had it not been from a conviction of the goodness of
the new Governor, the Assembly would not have renewed any such
Act. Sir George regretted that the Parliament had thought it
necessary to revert to any of the proceedings of his predecessor,
under one of the “Preservation Acts,” and he earnestly advised
the gentlemen of the House of Assembly to evince their zeal for
the public good, by confining their attention solely to the
present situation of affairs. But the House thought it due to the
good character of His Majesty’s subjects that some measure should
be adopted by the House, with the view of acquainting His Majesty
of the events which had taken place under the administration of
Sir James Craig, its late Governor, together with the causes
which such events had originated, so that His Majesty might take
such steps as would prevent the recurrence of a similar
administration, an administration which tended to misrepresent
the good and faithful people of the province, and to deprive them
of the confidence and affection of His Majesty, and from feeling
the good effects of his government, in the ample manner provided
for by law. Nay, this was not all. It was moved that an enquiry
be made into the state of the province, under the administration
of Sir James Craig, and into the causes that gave rise to it, and
the resolution was carried, two members only voting against it. A
committee was appointed, but no report was made. The bill for the
better preservation of His Majesty’s government, and the Alien
bill were both lost, not by ill intention, but by awkward
management. But the loss of these bills was amply compensated by
the militia bill, authorizing the Governor to embody two thousand
young, unmarried men, for three months in the year, who, in case
of invasion, were to be retained in service for a whole year,
when one-half of the embodied would be relieved by fresh drafts.
In the event of imminent danger, he was empowered to embody the
whole militia force of the country, but no militiaman was to be
enlisted into the regular forces. For drilling, training, and
other purposes of the militia service, £12,000 were voted,
and a further sum of £30,000 was placed at the disposal of
the Governor-in-Chief, to be used in the event of a war arising
between Great Britain and the United States.

Sir George Prevost prorogued Parliament on the 19th of May,
well satisfied with the proofs which had been exhibited to him,
of the loyalty of the parliament and people of a country so very
shortly before represented to be treasonable, seditious,
disaffected, and thoroughly imbued with hatred towards Great
Britain. He shortly afterwards re-instated, in their respective
ranks in the militia, such officers as had been set aside by Sir
James Craig, without just cause, and indeed spared no exertion to
make the people his friends, well judging that the office, or
place men would, of necessity be so. On the 28th of May, he
levied and organised four battalions of embodied militia; and a
regiment of voltigeurs was raised, the latter being placed under
the command of Major De Salaberry, a French-Canadian, who had
served in the 60th regiment of foot.

There was need for this embodiment of troops. Already, dating
from the 3rd of April, the American Congress had passed an Act
laying an embargo for ninety days on all vessels within the
jurisdiction of the United States. The President, Mr. Jefferson,
had recommended the embargo. He had long intended to gratify the
lower appetites of the worst class of the American people, who
were now more numerous than that respectable class of republicans
of which that great man, Washington, was himself the type. The
measure was preparatory to a war with Great Britain. And war was
very soon afterwards declared. On the 4th of June, a bill
declaring that war existed between Great Britain and the United
States passed the House of Representatives by a majority of
seventy-nine to forty-nine. The bill was taken to the Senate, and
there it passed only by the narrow majority of six. The vote was
nineteen voices in the affirmative and thirteen in the negative.
Mr. Jefferson assented to the bill on the 18th of June. The
grounds of war were set forth in a message of the President to
Congress, on the 1st of June. The impressment of American seamen
by British naval officers; the blockade of the ports of the
enemies of Great Britain, supported by no adequate force, in
consequence of which American commerce had been plundered in
every sea, and the great staples of the country cut off from
their legitimate markets; and on account of the British Orders in
Council. The Committee on Foreign relations believed that the
freeborn sons of America were worthy to enjoy the liberty which
their fathers had purchased at the price of much blood and
treasure. They saw by the measures adopted by Great Britain, a
course commenced and persisted in, which might lead to a loss of
national character and independence, and they felt no hesitation
in advising resistance by force, in which the Americans of that
day would prove to the enemy and the world, that they had not
only inherited that liberty which their fathers had given them,
but had also the will and the power to maintain it. They relied
on the patriotism of the nation, and confidently trusted that the
Lord of Hosts would go down with the United States to battle, in
a righteous cause, and crown American efforts with success. The
committee recommended an immediate appeal to arms. The
confidential secretary of Sir James Craig was not a little to
blame for the terrible state of fermentation into which the
representatives of the sovereign people of America had wrought
themselves. Without the knowledge of the Imperial government, Mr.
Secretary Ryland had received the concurrence of Sir James Craig
to a scheme for the annexation of the New England States to
Canada. A young man named Henry, of Irish parentage, and a
captain in the militia of the American States had come to
Montreal with the view of remaining in Canada. He studied law and
made considerable proficiency. Indeed, he was a young man
possessed of some talent and of great assurance. And as there was
another suspicion haunting the minds of Sir James Craig and of
Mr. Secretary Ryland, Mr. John Henry, late captain in the
American service, and now Barrister-at-law, was introduced to
Governor Craig, as a gentleman likely to inform the government of
Canada, whether or not, the suspicions of the Governor and of the
Governor’s Secretary, were correct, these suspicions being that
the North Eastern States of the American Republic desired to form
a political connection with Great Britain. Mr. Henry appeared to
be the very man for such a mission. He was immediately employed
as a spy, and went to Boston, where he did endeavour to ascertain
the public mind, in those places in which it is most frequently
spoken. He lingered about hotels and news rooms. He visited the
parks and the saloons. He went to church, or wherever else
information was to be obtained, and he sent his experiences
regularly to Mr. Ryland, who furnished him with instructions. But
Captain Henry required to be paid for all this trouble. He
applied to Governor Craig to find that excellent gentleman had no
idea of their value. He then memorialized Lord Liverpool, asking
for his services only the appointment of Judge Advocate of Lower
Canada, to which the salary of £500 a year was attached.
The noble Lord, at the head of the government, knew nothing about
Captain Henry, and recommended him, if he had any claim upon
Canada, to apply to Sir George Prevost, the Governor General.
Captain Henry would do no such thing. He went to the United
States, and, for the sum of fifty thousand dollars, gave up to
the American government a very interesting correspondence between
the Secretary of the Governor General of Canada, Mr. Ryland, and
himself. Congress was so transported with rage, at the attempted
annexation, that a bill was brought into the House of
Representatives, and seriously entertained, the object of which
was to declare every person a pirate, and punishable with death,
who, under a pretence of a commission from any foreign power,
should impress upon the high seas any native of the United
States; and gave every such impressed seaman a right to attach,
in the hands of any British subject, or of any debtor to any
British subject, a sum equal to thirty dollars a month, during
the whole period of his detention.[16] The federalist
Americans were somewhat favourably disposed towards England. The
minority in the House of Representatives, among which were found
the principal part of the delegation from New England, in an
address to their constituents, solemnly protested, on the ground
that the wrongs of which the United States complained, although
in some respects, grievous, were not of a nature, in the then
state of the world, to justify war, nor were they such as war
would be likely to remedy. On the subject of impressment they
urged that the question between the two countries had once been
honorably and satisfactorily settled, in the treaty negotiated
with the British Court by Messrs. Monroe and Pinckney, and that
although that treaty had not been ratified by Mr. Jefferson,
arrangements might probably again be made. In relation to the
second cause of war—the blockade of her enemies’ ports,
without an adequate force, the minority replied that it was not
designed to injure the commerce of the United States, but was
retaliatory upon France, which had taken the lead in aggressions
upon neutral rights. In addition it was said, that as the repeal
of the French decrees had been officially announced, it was to be
expected that a revocation of the Orders in Council would follow.
They could not refrain from asking what the United States were to
gain from war? Would the gratification of some privateers-men
compensate the nation for that sweep of American legitimate
commerce, by the extended marine of Great Britain, which the
desperate act of declaring war invited? Would Canada compensate
the middle States for New York, or the Western States for New
Orleans? They would not be deceived! A war of invasion might
invite a retort of invasion. When Americans visited the
peaceable, and, to Americans, the innocent colonies of Great
Britain, with the horrors of war, could Americans be assured that
their own coast would not be visited with like horrors. At such a
crisis of the world, and under impressions such as these, the
minority could not consider the war into which the United States
had, in secret, been precipitated, as necessary, or required by
any moral duty, or any political expediency. The country was
divided in opinion, respecting either the propriety or the
expediency of the war. The friends of the administration were
universally in favor of it.

That there was no just cause for a declaration of war on the
part of the United States, it may be sufficient to state that the
news of the repeal of the obnoxious Order in Council, reached the
United States before England was aware of the declaration of war.
But the American government wanted a war as an excuse for a
filibustering expedition to Canada, which was to be peaceably
separated from Great Britain, and quietly annexed to the United
States. Then existing differences would have been speedily
patched up to the satisfaction of all parties, the Lower
Canadians being, in the language of Sir James Craig, treasonable,
seditious, and attached to the country with which the United
States was in alliance, France. The United States were not
prepared for war. While Great Britain had a hundred sail of the
line in commission, and a thousand ships of war bore the royal
flag, the Americans had only four frigates and eight sloops in
commission, and their whole naval force afloat in ordinary, and
building for the Ocean and the Canadian Lakes, was eight frigates
and twelve sloops. Their military force only amounted to
twenty-five thousand men, to be enlisted for the most part, but
the President was authorised to call out one hundred thousand
militia, for the purpose of defending the sea coast and the
Canadian frontiers. The greatest want of all was proper officers.
The ablest of the revolutionary heroes had paid the debt of
nature, and there was no military officer to whom fame could
point as the man fitted for command. With means so lamentably
inconsiderable had America declared war against a country whose
arms were sweeping from the Spanish Peninsula the disciplined and
veteran troops of France. It was marvellous audacity. And it was
a marvellous mistake. Canada, it is true, had only 5,454 men of
all arms, who could be accounted soldiers, 445 artillery, 3,783
infantry of the line, and 1,226 fencibles. She had only one or
two armed brigs and a few gun-boats on the lakes, but the Upper
Canadians were not prepared to exchange their dependency on Great
Britain for the paltry consideration of being erected into a
territory of the United States, and the Superintendent of the
Church of Rome, in Lower Canada, hardly thought it possible that
a new conquest of Canada would make her peculiar institutions
more secure than they were. The militia of both sections of
Canada were loyal. They felt that they could, as their enemies
had done before, at least defend their own firesides. There was
no sympathy with the American character, nor any regard for
American institutions then. Those feelings were to be brought
about by that commercial selfishness which time was to
develop.

The declaration of war by the United States was only known in
Quebec on the 24th of June. A notification was immediately given
by the police authorities to all American citizens then in
Canada, requiring them to leave the province on or before the
third of July. But Sir George Prevost afterwards extended the
time to fourteen days longer, to suffer American merchants to
conclude their business arrangements. Proclamations were issued,
imposing an embargo on the shipping in the port of Quebec, and
calling the legislature together, for the despatch of business.
Parliament met on the 16th of July. The Governor-in-Chief
announced the declaration of war, expressed his reliance upon the
spirit, the determination, the loyalty and the zeal of the
country. With the aid of the militia, His Majesty’s regular
troops, few in number, as they were, would yet gallantly repel
any hostile attempt that might be made upon the colony. It was
with concern that he saw the expense to which the organization
and drilling of the militia would put the province. But battles
must be fought, campaigning had to be endured, and true and
lasting liberty was cheap at any cost of life or treasure. The
reply was all that could be desired. While the House deplored the
hostile declaration that had been made against Great Britain, and
seemed to shrink from the miseries which war entails, they
assured the Governor that threats would not intimidate, nor
persuasions allure them from their duty to their God, to their
country, and to their king. They were convinced that the Canadian
militia would fight with spirit and determination, against the
enemy, and would, with the aid of the tried soldiers of the king,
sternly defend the province against any hostile attack. As far as
spirit went there was no deficiency, but Canada was worse off for
money than the United States was for soldiery. There were forty
thousand militia about to rise in arms, but where was the money
to come from necessary to keep them moving? Congress intended to
raise an immediate loan of ten millions of dollars. It was
essential Canada should immediately replenish her exchequer, as
those not being the days of steamships, funds from England could
not be soon obtained. Sir George Prevost resolved to issue army
bills, payable either in cash, or in government bills of
exchange, on London. The House of Assembly assented to the
circulation of any bills, and granted fifteen thousand pounds
annually for five years, to pay the interest that would accrue
upon them. Bills to the value of two hundred and fifty thousand
were authorised to be put in circulation; they were to be
received in the payment of duties; they were to be a legal tender
in the market; and they were to be redeemed at the army bill
office, in any way, whether in cash or bills, the
Governor-in-Chief might signify. Nothing could have been more
satisfactory to Sir George Prevost. He prorogued the Parliament
on the 1st of August, with every expression of satisfaction. And
well he might be satisfied. The men who were, according to the
representations of his predecessor, not at all to be depended
upon, in a case of emergency, had most readily, liberally, and
loyally, met the demands of the public service. The men who
feared martial law, and could not tolerate the withholding of the
Habeas Corpus, came forward nobly to defend from outward attack
the dominions of their king. The whole province was bursting with
warlike zeal. A military epidemic seized old and young, carrying
off the latter in extraordinary numbers. Montreal, Quebec, and
even Kingston and Toronto teemed with men in uniform and in arms.
The regular troops were moved to Montreal, and Quebec was
garrisoned by the militia. At Montreal, even the militia turned
out for garrison duty. And on the 6th of August, the whole
militia were commanded to hold themselves in readiness for
embodiment. A little of the zeal now began to ooze out. There
never yet was a rule without an exception. In the Parish of Ste.
Claire, some young men, who had been drafted into the embodied
militia, refused to join their battalion. Of these, four were
apprehended, but one was rescued, and it was determined by the
able-bodied men of Pointe Claire to liberate such others of their
friends as had already joined the depot of the embodied militia
at Laprairie. Accordingly, on the following day, some three or
four hundred persons assembled at Lachine. They had not assembled
to pass a series of resolutions censuring the government for
illegally and wantonly carrying off some of the best men of the
Parish of Pointe Claire, nor did they express any opinion
favorable to Mr. Madison and the Americans, but they had
assembled to obtain, by force, the liberty of their friends about
to be subjected to military discipline. It seemed to have been a
misunderstanding, however. The infuriated parishioners of Pointe
Claire, who would not be comforted, on being appealed to, to go
to their homes, frequently raised the cry of “Vive le Roi.” It
might be supposed that the Ste. Claire people meant to wish a
long and happy reign to His Imperial Majesty Napoleon, as Mr.
Ryland shrewdly suspected. But that supposition was not
entertainable for any considerable length of time, inasmuch as
the people without any prompting intimated that they had been
informed that the militia law had not been put into force, but
that if the Governor should call for their services they were
ready to obey him. The magistrates assured the people that the
militia law was really to be enforced, and advised them to
disperse. They refused to budge. Two pieces of artillery and a
company of the 49th regiment, which had been sent for, to
Montreal, now appeared at Lachine. Still the mob would not
disperse. Accordingly, the Riot Act was read, and the artillery
fired a ball high over the heads of the stubborn crowd, which, of
course, whizzing harmlessly along, produced no effect upon the
crowd, except that the eighty, who were armed with fusils and
fowling pieces, somewhat smartly returned the compliment, proving
to the satisfaction of the soldiers the possession of highly
military qualities, in a quarter where it was least expected. In
reply, the troops fired grape and small arms, but without any
intention of doing mischief. The rioters again fired at the
troops, but not the slightest harm resulted to the troops. It was
a kind of sham battle. The military authorities began, however,
to tire of it, and the mob was fired into, when one man having
been killed, and another having been dangerously wounded, the
mutineers dispersed, leaving some of the most daring among them,
to keep up a straggling fire from the bushes! The military made
thirteen prisoners and, as night was setting in, left for
Montreal. Next day, four hundred and fifty of the Montreal
militia marched to Pointe Claire, and from thence to St. Laurent,
which is situated in the rear of the Island of Montreal. There,
they captured twenty-four of the culprits, and brought them to
head quarters. Thus, there were thirty-seven rebels, prisoners in
Montreal, when the United States had declared war against
Britain, and the first blood shed, in consequence of the
declaration of war in Canada, by the troops, was, unfortunately,
that of Canadians. But the Pointe Claire habitants
bitterly repented the resistance which they had made to the
militia law, and many of them came to Montreal, craving the
forgiveness of the Governor, which they readily obtained. The
ringleaders alone were punished.

Hostilities were commenced in Upper Canada. No sooner had
General Brocke learned that war was proclaimed, than he conceived
a project of attack. He did not mean to penetrate into the
enemy’s country, but for the better protection of his own, to
secure the enemy’s outposts. On the 26th of June, he sent orders
to Captain Roberts, who was at St. Joseph’s, a small post, or
block house, situated on an island in Lake Huron, maintained by
thirty soldiers of the line and two artillerymen, in charge of a
serjeant of that corps, under the command of the gallant captain,
to attack Michillimackinac, an American fort defended by
seventy-five men, also under the command of a captain. He was
further instructed to retreat upon St. Mary’s, one of the trading
posts belonging to the North West Fur Company, in the event of
St. Joseph’s being attacked by the Americans. General Brocke’s
instructions reached Captain Roberts on the eighth of July, and
he lost no time in carrying the first part of them into
execution. Communicating the design, the execution of which he
had been entrusted with, to Mr. Pothier, in charge of the
Company’s Post, at St. Joseph’s, that gentleman patriotically
tendered his services. Mr. Pothier, attended by about a hundred
and sixty voyageurs, the greater part of whom were armed with
muskets and fowling pieces, joined Captain Roberts with his
detachment of three artillerymen and thirty soldiers of the line,
and in a flotilla of boats and canoes, accompanied by the North
West Company’s brig Caledonia, laden with stores and
provisions, a descent was made upon Michillimackinac. They
arrived at the enemy’s fort, without having met with the
slightest opposition, and summoned it to surrender. The officer
in command of the American fort at once complied. He had indeed
received no certain information that war had been declared. Very
shortly afterwards two vessels, laden with furs, came into the
harbour, ignorant of the capture of the fort, and were taken
possession of, though subsequently restored to their proprietors,
by Major-General DeRottenburgh, the President of the Board of
Claims. Unimportant as this achievement was, it yet had the
effect of establishing confidence in Upper Canada. It had an
excellent effect upon the Indian tribes, with whose aid the
struggle with the Americans, was afterwards efficiently
maintained.

Upon the declaration of war, the government of the United
States despatched as skilful an officer, as they had, to arm the
American vessels on Lake Erie, and on Lake Ontario, with the view
of gaining, if possible, the ascendancy on those great inland
waters, which separate a great portion of Canada from the United
States. The American army was distributed in three
divisions:—one under General Harrison called “The North
Western Army,” a second under General Stephen Van Rensellaer, at
Lewiston, called “The Army of the Centre,” and a third under the
Commander-in-Chief, General Dearborn, in the neighbourhood of
Plattsburgh and Greenbush. As yet the armies had not been put in
motion, but on the 12th of July, General Hull, the Governor of
Michigan, who had been sent, at the head of two thousand five
hundred men, to Detroit, with the view of putting an end to the
hostilities of the Indians in that section of the country,
crossed to Sandwich, established his head-quarters there, and
issued a proclamation to the inhabitants of Canada. He expressed
the most entire confidence of success. The standard of union, he
alleged, waved over the territory of Canada. He tendered the
invaluable blessings of liberty, civil, political, and religious,
to an oppressed people, separated from, and having no share in
the Councils of Britain, or interests in her conduct. And he
threatened a war of extermination if the Indians were employed in
resisting the invasion.

General Brocke met the Parliament of Upper Canada, at York, on
the 28th of the same month, and issued a proclamation to the
people, in which he ridiculed General Hull’s fears of the
Indians. He then despatched Colonel Proctor to assume the command
at Amherstburgh, from Fort St. George.

So confident was the American General of success that, as yet,
he had not a single cannon or mortar mounted, and he did not
consider it expedient to attempt to carry Amherstburgh, which was
only situated eighteen miles below, by assault. But, as his
situation, at Sandwich, became more and more precarious, he, at
length, did resolve upon attacking Amherstburgh, if he could get
there. He sent detachment after detachment, to cross the Canard,
the river on which Amherstburgh stands. The Americans attempted
thrice to cross the bridge, situated three miles above
Amherstburgh, in vain. Some of the 41st regiment and a few
Indians drove them back as often as they tried it. Another rush
was made a little higher up. But the attempt to ford the stream
was as unsuccessful as the attempts to cross the bridge. Near the
ford, some of those Indians, so much dreaded by General Hull, lay
concealed in the grass. Not a blade stirred until the whole of
the Americans were well in the stream, and some had gained the
bank, on the Canadian side, when eighteen or twenty of the red
children of the forest, sprang to their feet, and gave a yell, so
hideous, that the Americans, stricken with panic, fled with
almost ludicrous precipitancy. So terror-stricken, indeed, were
the valiant host, that they left arms, accoutrements, and
haversacks, behind them. No further attempt was made by General
Hull, on Amherstburgh. It would have been captured with great
difficulty, if it could have been captured at all. At the mouth
of the river Canard, a small tributary of the Detroit, the
Queen Charlotte, a sloop of war, armed with eighteen
twenty-four pounders, lay at anchor, watching every
manœuvre.

On the 3rd of July, Lieutenant Rolette, commanding the armed
brig Hunter, at ten o’clock in the forenoon, succeeded in
capturing the Cayuga packet, bound from the Miami river to
Detroit, with troops, and laden with the baggage and hospital
stores of the American army. He made a dash at the Cayuga
in his barge, and, with only six men, secured her.

Colonel Proctor now assumed the offensive. He sent Captain
Tallon, on the 5th of August, with an inconsiderable detachment
of the 41st regiment, and a few of the many Indians, who were
flocking to his standard, to Brownstown, a village opposite
Amherstburgh. Captain Tallon energetically carried out his
instructions, by surprising and routing more than two hundred of
the Americans, who were under the command of Major Vanhorne. The
captured detachment were on their way from Detroit to the river
Raisin, in the expectation of meeting there a detachment of
volunteers, from Ohio, under Captain Burr, with a convoy of
provisions for the army. General Hull’s despatches fell into the
hands of the captors. The deplorable state of the American army
was disclosed, and, without loss of time, Colonel Proctor sent
over a reinforcement, consisting of one hundred men, of the 41st
regiment, with some militia and four hundred Indians, under the
command of Major Muir, their landing being protected by the brig
Hunter. Nor were the American General’s misfortunes yet to
be ameliorated. While these things were taking place, a despatch
reached him from the officer commanding the Niagara frontier,
intimating that his expected co-operation was impossible. On
every side, General Hull was being hemmed in. His supplies had
been cut off. Defeat had befallen him so far and death, sickness,
fatigue and discomfiture had its depressing effect upon his
soldiery. There was no insurrection in Canada. The people of the
backwoods had not the slightest desire to be territorially
annexed to that country over which the standard of union had
waved for thirty years. On the contrary, they were bent upon
doing it as much mischief as possible. They had no idea of
transferring their allegiance to a power who had visited them
with the miseries of war, for no fault of theirs. Hull was
dismayed. When it was announced that General Brocke was advancing
against him, he sounded a retreat. Unwilling that his fears
should be communicated to the troops under him, General Hull
retreated ostensibly with the view of concentrating the army.
After he had re-opened his communications with the rivers Raisin
and Miami, through which the whole of his supplies came, he was
to resume offensive operations. That time never came. On the 8th
of August, Sandwich was evacuated. Two hundred and fifty men only
were left behind, in charge of a small fortress, a little below
Detroit. When again in Detroit, General Hull sent six hundred men
under Colonel Miller, to dislodge the British from Brownston.
Major Muir, who commanded at Brownston, instead of waiting for
the attack, quixotically went out to meet his adversaries. The
two opposing detachments met at Maguago, a kind of half way
place, where a fight began. It was of short duration, but,
considering the numbers engaged, was sanguinary. Seventy-five of
the Americans fell, and the British were compelled, though with
inconsiderable loss, to retreat. On the water as on the land, the
chief mischief fell upon the Americans. Lieutenant Rolette, with
the boats of the Queen Charlotte and Hunter,
intercepted, attacked, and captured eleven American batteaux and
boats, which were en route for Detroit, under the escort
of two hundred and fifty American soldiers, marching along the
shore, the boats and batteaux having on board fifty-six wounded
Americans and two English prisoners.

General Brocke, who had prorogued his Parliament, now appeared
at the seat of war. He had collected together a force of seven
hundred of British regulars and militia and six hundred auxiliary
Indians. And he very coolly determined upon obtaining the
surrender of His Excellency, General Hull, and his whole force.
Knowing from his absurd proclamation, how much in dread he stood
of the Indians, General Brocke intimated that if an attack were
made, the Indians would be beyond his control; that if Detroit
were instantly surrendered, he would enter into conditions such
as would satisfy the most scrupulous sense of honor; and that he
had sent Lieutenant-Colonel McDonnell and Major Glegg with full
authority to conclude any arrangement that might prevent the
unnecessary effusion of blood. General Hull replied very
courteously in the negative. Captain Dixon, of the Royal
Engineers, had thrown up a battery in Sandwich, on the very
ground so recently occupied by the Americans, to act upon
Detroit. In this battery there were two five and a half inch
mortars, and one eighteen and two twelve pounder guns, and it was
manned by sailors under the command of Captain Hull. For upwards
of an hour the cannonade was terrific, the fire of the enemy
being very feebly maintained, from two twenty-four pounders. On
the morning of the eighteenth, the cannonade recommenced, and
General Brocke crossed the river with his little army, unopposed,
at the Spring Wells, three miles below Detroit, the landing being
effected under cover of the guns of the Queen Charlotte
and Hunter. General Brocke formed his troops upon the
beach, into four deep, and flanked by the Indians, advanced for
about a mile, when he formed this miniature army into line, with
its right resting on the river Detroit, and the left supported by
the Indians. He then made preparations for assault, and was about
to attack, when to the surprise as much, it is said, of the
American as of the British regiments, a flag of truce was
displayed upon the walls of the fort, and a messenger was seen
approaching. It was an intimation that General Hull would
capitulate. Lieutenant-Colonel McDonnell and Major Glegg were
accordingly sent over to the American General’s tent where, in a
few minutes, the terms of capitulation were signed, sealed, and
delivered in duplicate, one copy for the information of His
Britannic Majesty, and the other for that of Mr. President
Madison, the chief of the authors of the war. To Mr. Madison, the
information that General Hull had capitulated to the Governor of
Upper Canada, with two thousand five hundred men, and
thirty-three pieces of cannon, and that, in consequence, the
whole territory of Michigan had been ceded to Great Britain,
could only have been as disagreeable as it was animating to the
people of Canada. So entirely indeed were the Americans
unprepared for a blow of such extraordinary severity, that no one
could be brought to believe in it. It seemed an impossible
circumstance. It was felt to be a delusion. It seemed as if some
one had practised a terrible hoax upon the nation. Until
officially made known to the sovereign people, the disaster was
looked upon as a lying rumour of the enemy. Another Henry had
been at work, tampering with the New England States, or the
federalist minority had set it afloat. True it could not be. It
was indeed something to excite surprise. The trophy of a British
force, consisting of no more than seven hundred men, including
militia, and six hundred Indians was the cession of a territory
and the surrender of a General-in-Chief, a strong fort, the armed
brig John Adams, and the two thousand five hundred men,
who were designed not to defend their country only, but to wrest
Upper Canada from the Crown of Great Britain. To General Hull’s
fears of the savage ferocity of the Indians, this bloodless
victory must, to some extent, however trifling, be attributed.
General Hull was evidently superstitiously afraid of an Indian.
While asking the inhabitants of Upper Canada to come to him for
protection, he could not help entreating, as it were, protection
for himself against the Indians. If you will not accept my offer,
the General seemed to say, either remain at home or cross
bayonets with American soldiers, but turn into the field one of
the scalping savages of your forests, and we shall kill, burn and
destroy, everything that comes before us. With his regular
troops, the unfortunate man was sent a prisoner to Montreal. He
was led into that city, at the head of his officers and men, and
was at once an object of pity and derision. But the
Commander-in-Chief received his prisoner with the courtesy of a
gentleman, and with every honor due to his rank. Nay, he even
suffered him to return to the United States on parole, without
solicitation.

In his official despatch, to the American government, Hull
took pains to free his conduct from censure. His reasons for
surrender, were the want of provisions to maintain the siege, the
expected reinforcements of the enemy, and “the savage ferocity of
the Indians,” should he ultimately be compelled to capitulate.
But the federal government so far from being satisfied with these
excuses, ordered a Court Martial to assemble, before which
General Hull was tried, on the charges of treason, cowardice, and
unofficerlike conduct. On the last charge only was he found
guilty and sentenced to death. The Court, nevertheless, strongly
recommended him to mercy. He was an old man, and one who, in
other times, had done the State some service. He had served
honorably during the revolutionary war. The sentence of death was
accordingly remitted by the President, but his name was struck
off the army list, and this republican hero, who had forgotten
the art of war, went in his old age, broken-hearted and
disgraced, to a living grave, with a worm in his vitals, gnawing
and torturing him, more terribly than thousands of Indians,
practising the most unheard of cruelties could have done, until
death, so long denied, came to him, naturally, as a relief.

The circumstance is not a little curious that only three days
after General Hull had surrendered to Governor Brocke, Captain
Dacres, commanding H.M.S. Guerrière, had
surrendered to Captain Isaac Hull, after a most severe action
with the American frigate Constitution. The
Constitution was most heavily armed for a vessel of that
period. On her main deck she carried no less than 30 twenty-four
pounders, while on her upper deck she had 24 thirty-two pounders,
and two eighteens. In addition to this, for a frigate, unusually
heavy armament, there was a piece mounted, under her capstan,
resembling seven musket barrels, fixed together with iron bands,
the odd concern being discharged by a lock—each barrel
threw twenty-five balls, within a few seconds of each other,
making 145 from the piece within two minutes. And she was well
manned. Her crew consisted of 476 men. The
Guerrière mounted only 49 carriage guns, and was
manned by only 244 men, and 19 boys. On the 19th of August, the
look-out of the Guerrière noticed a sail on the
weather beam. The ship was in latitude 40°., 20 N., and in
longitude 55°. W., and was steering under a moderate breeze
on the starboard tack. The strange sail seemed to be bearing down
upon the Guerrière, and it was not long before the
discovery was made that the stranger was a man-of-war, of great
size and largely masted. Her sailing qualities, under the
circumstances, were considerably superior to those of the
Guerrière, and it became consequently necessary to
prepare for an action, which it was impossible to avoid. At three
o’clock, in the afternoon, Captain Dacres, the commander of the
British frigate, beat to quarters. An hour later and the enemy
was close at hand. She seemed to stand across the
Guerrière’s bows and Captain Dacres wore ship to
avoid a raking fire. No sooner had this manœuvre been
executed than the Guerrière ran up her colours and
fired several shots at her opponent, but they fell short. The
stranger soon followed the example set to him, and, hoisting
American colours, fired in return. Captain Dacres now fully aware
of the size, armament and sailing powers of his opponent, wore
repeatedly, broadsides being as repeatedly exchanged. While both
ships were keeping up a heavy fire, and steering free, the
Constitution, at five o’clock, closed on the
Guerrière’s starboard beam, when the battle raged
furiously. Twenty minutes had hardly elapsed when the mizen mast
of the Guerrière was shot away, bringing the ship
up into the wind, and the carnage on board became terrific. The
Constitution, during the confusion, caused by the loss of
the Guerrière’s mast, was laid across the British
frigate’s bow, and while one or two of the bow guns of the
Guerrière could only be brought to bear upon the
Constitution, that vessel scoured the decks of the British
ship, with a stream of metal. “At five minutes before six
o’clock, says Captain Hull, when within half pistol shot, we
commenced a heavy fire from all our guns, double shotted with
round and grape.” On board the Guerrière, Mr.
Grant, who commanded the forecastle, was carried below, the
master was shot through the knee; and I, says Captain Dacres, was
shot in the back. At twenty minutes past six the fore and
mainmasts of the Guerrière went over the side,
leaving her an unmanageable wreck. The Constitution ceased
firing and shot a-head, her cabin having taken fire from the
Guerrière’s guns. The Guerrière would
have renewed the action, but the wreck of the masts had no sooner
been cleared than the spritsail yard went, and the
Constitution having no new braces, wore round within
pistol shot again to rake her opponent. The crippled ship lay in
the trough of the sea, rolling her main deck guns under water.
Thirty shots had taken effect in her hull, about five sheets of
copper down; the mizen mast, after it fell, had knocked a large
hole under her starboard quarter, and she was so completely
shattered as to be in a sinking state. The decks were swimming
with blood. Fifteen men had been killed and sixty-three had been
severely wounded, when Captain Dacres called his officers
together and consulted them. Farther waste of life was useless,
and the British colours were dropped in submission to those of
America. But the result of the contest, though it could not fail
to cause great exultation in the United States, reflected no
dishonor upon the flag of Britain. A more unequal contest had
never before been maintained with such spirit, zeal, skill, or
bravery. The battle had lasted for nearly three hours and a half,
and the result was the sure effect of size, as all things being
otherwise equal, the heavier must overcome the lighter body. When
the Guerrière surrendered, it was only to permit
her gallant commander, her other officers, and the men, the
wounded and the untouched, to be transferred for safety from a
watery grave to the Constitution. Captain Hull, the
conqueror, told his government that the Guerrière
had been totally dismasted and otherwise cut to pieces, so as to
make her not worth towing into port. With four feet of water in
her hold, she was abandoned and blown up. The Constitution
had only the Lieutenant of Marines and six seamen killed, and two
officers, four seamen, and one marine wounded.

On each side there was now something to be proud of and
something to regret. If the British exulted over the fall of
Detroit and the surrender of General Hull, and the United States
viewed these occurrences with indescribable pain and a sense of
humiliation, the Americans could now boast of the success of
their arms at sea, while Britain regretted a disaster upon that
element, on which she had long held and yet holds the undisputed
mastery. There was now no room for the American government, on
the ground of having been too much humiliated, to refuse peace if
it were offered to her. Yet peace was refused. Soon after these
occurrences the news of the repeal of the Orders in Council
reached this continent, and the ground of quarrel being removed,
peace was expected, and an armistice was agreed to between the
British Governor of Canada, Sir George Prevost and General
Dearborn, the American commander-in-chief, on the northern
frontier. But the American government, bent upon the conquest of
this province, disavowed the armistice and determined upon the
vigorous prosecution of the contest. It was then that the
Northern States of the American Union, who were the most likely
to suffer by the war became clamorous for peace. The whole brunt
of the battle, by land, was necessarily to be borne by the State
of New York, and the interruption of the transatlantic traffic
was to fall with overwhelmingly disastrous pressure upon
Massachusetts and Connecticut. Addresses to the President were
sent in, one after another, from the Northeastern States,
expressing dissatisfaction with the war and the utmost abhorrence
of the alliance between imperial France and republican America.
They would have none of it, and if French troops were introduced
into their States, as auxiliaries, New England would look upon
them and would treat them as enemies. Nay, the Northern States
went still further. Two of the States, Connecticut and
Massachusetts, openly refused to send their contingents or to
impose the taxes which had been voted by Congress, and “symptoms
of a decided intention to break off from the confederacy were
already evinced in the four Northern States, comprising New York,
and the most opulent and powerful portions of the Union.”[17]

General Brocke, ignorant of the armistice, and indeed it did
not affect him, for General Hull had acted under the immediate
orders of the American Secretary at War, and was consequently
irresponsible to General Dearborn, with the aid of the
Lilliputian navy of the Lakes, was maintaining the ascendancy of
Great Britain in Upper Canada and Michigan. He was about indeed
to make an attempt upon Niagara, to be followed by another upon
Sackett’s Harbour, with that daring, promptitude and judgment,
which was characteristic of the man, when he received
instructions from the Governor General to rest a little.
Following the advice of the Duke of Wellington, Sir George
Prevost had wisely determined not to make a war of aggression
with the only handful of troops that could be spared to him from
the scene of prouder triumphs and of harder and more important
struggles. But the American government, indifferent to the
menaces of the Northern Provinces of the Union, and mistaking for
weakness the conciliatory advances of Sir George Prevost, soon
disturbed the rest of the gallant Brocke. Early on the morning of
the 13th of October, a detachment of between a thousand and
thirteen hundred men, from the American army of the centre, under
the immediate command of Colonel Solomon Van Rensellaer,[18]
crossed the river Niagara, and attacked the British position of
Queenstown. It was when Van Rensellaer having himself crossed,
and the British had been driven from their position, that General
Brocke, and about six hundred of the 49th regiment, in the grey
of the morning, arrived at the scene of conflict. The Americans
being about the same time reinforced by the addition of regulars
and militia. General Brocke put himself at the head of the 49th’s
Grenadiers, and while gallantly cheering them on, he fell
mortally wounded, and soon after died. His trusty aid-de-camp,
the brave Colonel McDonell, fell beside him, almost at the same
moment, never again to rise in life. The 49th fought stoutly for
a time, but, discouraged by the loss of the General, they fell
back and the position was lost. But the fortune of the day was
not yet decided, although Van Rensellaer, with the aid of Mr.
Totter, his Lieutenant of Engineers, had somewhat strengthened
the recently captured position on the heights. Reinforcements,
consisting partly of regular troops, partly of militia, and
partly of Chippewa Indians, in all about eight or nine hundred
men, came up about three in the afternoon, to strengthen and
encourage the discomfitted 49th, under General Roger Sheaffe, who
now assumed the command. A combined attack was made on the
Americans by the English troops and artillery, in front and
flank, while Norton, with a considerable body of Indians, menaced
their other extremity. It was entirely successful. The Americans
were totally defeated, and one General Officer, (Wadsworth,
commanding in the room of General Van Rensellaer, who had
re-crossed the river to accelerate the embarkation of the
militia, which, though urged, entreated, and commanded to embark,
remained idle spectators, while their countrymen were, as the
American accounts say, struggling for victory,) two
Lieutenant-Colonels, five Majors, and a corresponding number of
Captains and subalterns, with nine hundred men, were made
prisoners; one gun and two colours were taken; and there were
four hundred killed and wounded, while the loss on the side of
the British did not exceed seventy men. Thus was the battle won.
It had cost England an excellent soldier, a man who thoroughly
understood his duty, and felt his position in whatever capacity
he was placed. He died at the age of 42, and the remains of this
gallant defender of Upper Canada were buried at Fort George,
together with those of his aid-de-camp, Colonel McDonell. One
grave contained both. General Brocke was buried amidst the tears
of those whom he had often led to victory, and amidst the
sympathetic sorrowing of even those who had caused his death.
Minute guns were fired during the funeral, alike from the
American as from the British batteries. Thus it was with the
Americans on land. It was, as has been seen, very different on
the sea. And the first rencontre took place on the latter
element. When war was declared it was with the intention of
intercepting the homeward bound West India fleet of British
merchantmen. Three frigates, one sloop, and one brig of war,
under the command of Captain Rogers, of the American frigate
President, were despatched on that errand. It was about
three on the morning of the 23rd of June, that Captain Rogers was
informed, by an American brig, bound from Madeira to New York,
that four days before a fleet of British merchantmen, were seen
under convoy of a frigate and a brig, steering to the eastward.
Captain Rogers accordingly shaped his course in pursuit of them.
At six o’clock in the morning, a sail was descried, which was
soon discovered to be a frigate. The signal was made for a chase,
and the squadron made all sail on the starboard tack. This being
perceived by Captain Byrn, who commanded the British frigate
Belvidera, protecting the convoy, he tacked and made all
sail, steering northeast by east. It was now eight o’clock in the
morning, and the President seemed to be gaining on the
Belvidera, leaving her consorts, however, far behind her.
About half past three in the afternoon, the President
fired three guns, the shot from one of which was terribly
destructive. Two men were killed, and Lieutenant Bruce and four
men were more or less severely wounded. Broadside after broadside
was fired by both vessels soon afterwards, and the
President at last bore off. Each party lost about
twenty-two men, but the British frigate had the advantage. Her
guns were pointed with great skill, and produced a surprising
effect, as the American squadron failed in taking the single
English frigate, and the whole merchantmen escaped untouched.
Indeed after a cruise of twenty days and before the declaration
of hostilities was known at sea, the American squadron returned
to port, having only captured seven merchantmen.

The action between the Constitution and the
Guerrière occurred after this event, the result of
which has been already stated, somewhat out of place, it is true,
but, with the design of exhibiting how a peace might have been
effected, had it been desired by the Americans, without loss of
honor on either side. The simultaneousness of the advantages
gained by the British on the land, and of the advantages gained
by the Americans on the sea, is not a little remarkable, nor is
it less remarkable that after the tide of battle had slightly
turned with the British on land, towards the close of the war,
the naval actions at sea were nearly all to the disadvantage of
the Americans. It would seem that providence had designed to
humble the pride of the unnatural combatants.

About the exact time of the surrender of General Wadsworth, at
Queenston, an engagement occurred between the English sloop of
war Frolic, and the American brig of war Wasp,
which proved disastrous to the former. As far as the number of
guns went, both vessels were equal. Each had eighteen guns, nine
to a broadside, but while the sloop had only 92 men and measured
only 384 tons, the brig had 135 men and measured 434 tons. The
Frolic, on the night of the 17th of October, had been
overtaken by a most violent gale of wind, in which she carried
away her mainyard, lost her topsails, and sprung her maintopmast.
It was, while repairing damages, on the morning of the 18th, that
Captain Whinyates, of the Frolic, was made aware of the
presence of a suspicious looking vessel, in chase of the convoy,
which the Frolic had in charge. The merchant ships
continued their voyage with all sails set, and the Frolic,
dropping astern, hoisted Spanish colours to decoy the stranger
under her guns and give time for the convoy to escape. The
vessels soon approached sufficiently to exchange broadsides, and
the firing of the Frolic was admirable. But the vessel
could not be worked easily, and the gaff braces being shot away,
while no sail could be or was placed upon the mainmast, her
opponent easily got the advantage of position. To be brief, the
storm of the night before had given the Wasp an advantage
which, neither nautical skill, nor undaunted resolution could
counteract, and the Frolic, an unmanageable log upon the
ocean, was compelled to strike. Undoubtedly this was another
triumph to the United States, although, materially considered,
the gain was not much. In only a few hours after this action,
both the Wasp and the Frolic were surrendered to
H.M.S. Poictiers, of seventy-four guns.

Seven days afterwards, another naval engagement occurred, more
tellingly disastrous to Great Britain. The United States,
a frigate of fifteen hundred tons burthen, carrying 30 long
24-pounders, on her main deck, and 22 42-pounders, with two long
24-pounders, on quarter deck and forecastle, howitzer guns in her
tops, and a travelling carronade on her deck, with a complement
of 478 picked men,[19] was perceived by H.M. frigate
Macedonian, of 1081 tons, carrying 49 guns, and manned by
254 men and 35 boys. The Macedonian approached the enemy
and the enemy backed her sails, awaiting the attack, after the
firing had continued for about an hour, at long range. When in
close battle, Captain Carden perceived that he had no chance of
success, but he was determined to fight his ship while she
floated and was manageable, hoping for, rather than expecting,
some lucky hit, which would so cripple the enemy as to permit the
Macedonian, if no more could be done, to bear off with
honor. But the fortune of war was adverse. Every shot told with
deadly and destructive effect upon the Macedonian, and
even yet, with nearly a hundred shots in her hull, her lower guns
under water, in a tempestuous sea, and a third of her crew either
killed or wounded, Captain Carden fought his ship. To “conquer or
die,” was his motto, and the motto of a brave crew, some of whom
even stood on deck, after having paid a visit to the cockpit, and
submitted to the amputation of an arm, grinning defiance, and
anxious to be permitted the chance of boarding with their
fellows, when Captain Carden called up his boarders as a
dernier resort. But boarding was rendered impossible, as
the fore brace was shot away, and the yard swinging round, the
vessel was thrown upon the wind. The United States made
sail ahead and the crew of the Macedonian fancying that
she was taking her leave cheered lustily. They were not long
deceived. Having refilled her cartridges, the United
States
, at a convenient distance, stood across the bows of
her disabled antagonist, and soon compelled her to strike. While
the Macedonian had thirty-six killed and sixty-eight
wounded, the United States had only five killed and seven
hors de combat.

It was such advantages as these that induced the Americans to
continue the war. The Americans were inflated with pride. In
their own estimation they had become a first rate maritime power,
and even in the eyes of Europe, it seemed that they were destined
to become so. The disparity in force was justly less considered
than the result. However bravely the British commanders had
fought their ships, the disasters were no less distressing,
politically considered, than if they had been the result of
positive weakness or of lamentable cowardice. These advantages
even compensated in glory to the Northeastern States for the
losses which their commerce had sustained, and would, had they
continued very much longer, have stimulated them to forget their
selfishness, their bankruptcies, and their privations, though
perhaps they tended on the other hand, to cause less vigorous
efforts to be made for the acquisition of Canada, than otherwise
would have been the case, by rivetting the public attention of
America more on the successful operations by sea than on their
own disastrous operations by land. There was yet another disaster
to overtake Great Britain. And it was little wonder. The Lords of
the Admiralty, wedded to old notions, unlike the Heads of the
Naval Department of the United States, were slow to alter the
build or armament of the national ships. They seemed to think
that success must ultimately be dependent upon pluck, and that
there could be again few instances in which a sloop could be so
disabled by a storm as to be unable to cope with a brig, better
manned, better armed, and in good sailing trim. They continued to
send slow-sailing brigs and ill-armed sloops-of-war, for the
protection of large fleets of merchantmen, with valuable cargoes,
while the frigates of the enemy, in search of them, whether in
the calm or in the storm, were faster than British seventy-fours,
and were equal to British ships of the line in armament. It was
after the loss of the Macedonian that the British
Admiralty commissioned and sent to sea the frigate Java,
of the same tonnage, with the same deficiency of men, and, worse
than all, half of whom were landsmen, and of exactly the same
armament as the Macedonian, only that her weight of metal
was less, to cope with such frigates as the United States,
the President, and the Constitution. On the 12th of
November, the Java sailed from Spithead, the remonstrances
of Captain Lambert against the inadequacy and inexperience of his
crew being of no avail with the authorities. He was told, when he
insisted that he was no match for an American, even of equal
size, that “a voyage to the East Indies and back would make a
good crew.” The difficulties in the way of getting to the East
Indies, to say nothing of coming back again, never entered into
the heads of men, who had long been laid up in ordinary, and were
dry-rotting to decay. These were the men who sent the water casks
to contain the fresh water of His Majesty’s vessels afloat on our
fresh water lakes. Then, as now, were the wrong men in the wrong
places. Men, who should have been in Greenwich Hospital, talking
of times gone by, or living in dignified retirement, were
entrusted with the management of affairs in a new age, the
country rather losing than gaining by their individual
experiences. And the British public stung to the quick, were
aware of it. The correctness of Captain Lambert’s judgment was
too soon brought to the test. The Java fell in with the
Constitution on the 28th of December, when the latter
stood off as the former approached, to gain a first advantage by
firing at long range. But as the Java was fast gaining
upon her, the Constitution made a virtue of necessity, and
shortened sail, placing herself under the lee bow of the
Java, so that in close action, the crew of the
Constitution might fight like men behind a rampart, while
the crew of the Java stood at their guns en
barbette
. The action immediately commenced, and the effect of
the Java’s first broadside, on the enemy’s hull, was such
that the American wore to get away. Captain Lambert also wore his
ship, and a running fight was kept up with great spirit for forty
minutes. The Java had, as yet, suffered little, but the
vessels coming within pistol shot, a determined action ensued.
Captain Lambert had resolved upon boarding his enemy, if it were
possible in any measure to effect it. With that view he was
closing upon his antagonist, when the foremast of the Java
fell suddenly and with a crash so tremendous as to break in the
forecastle and cover the deck with the wreck. Only a moment later
and the main topmast also fell upon the deck, while Captain
Lambert lay weltering in his blood, mortally wounded. Lieutenant
Chads, on whom the command now devolved, found the Java
perfectly unmanageable. The wreck of the masts hung over the
side, next to the enemy, and every discharge of the Java’s
own guns set her on fire. Yet, Lieutenant Chads continued the
action for three hours and a half, until the Java was felt
to be going down. It was then that the Constitution
assumed a raking position, and it was then only that Lieutenant
Chads struck. The Java was no prize to the victors of
great value, for her crew were no sooner taken out than the
American commander blew her up. In this desperate engagement the
Java had twenty-two killed and one hundred and two
wounded; the Constitution had ten killed and forty
wounded. Captain Lambert’s worst fears had been realised, and the
death of that gallant and skilful sailor aroused a tongue which,
in Great Britain, has a potency and influence, such as official
insolence cannot withstand, nor official incapacity escape from.
The spirit of the “Times” was up. The voice of the many loudly
condemned the incompetency of the few. The conduct of the war had
now become a matter of moment, and reforms, in the marine
department at least, were imperative.

By the fall of Gen’l. Brocke, the civil governorship of the
Upper province devolved upon Major Gen’l. Roger Sheaffe, the
senior military officer there, and to him, Gen’l. Smyth, the new
American commander at Niagara, applied for an armistice, which
was granted, and which lasted from the battle of Queenston until
the 20th of November. Nothing could have been more silly than
this consent to an armistice on the part of a general so very
fortunate as General Sheaffe had been. He needed no rest. He
could gain nothing by inactivity. Delay necessary to the enemy
was of course injurious to him. Without any molestation whatever
the Americans were enabled to forward their naval stores from
Black Rock to Presque Isle, by water, which, had hostilities been
active, would have been impossible. This truce, not to bury the
dead, or preparatory to submission, was obtained with the view of
gaining time, so that a fleet might be equipped to co-operate
with the army, by wresting from the British their previous
superiority on the lakes. General Smyth had, with the true
trickery of the diplomatist, rather than with the blunt honesty
of the soldier, exerted himself during the armistice, in the
preparation of boats for another attempt to invade Upper Canada.
Alexander Smyth, Brigadier-General, in command of the American
army of the centre, though a rogue, in a diplomatic point of
view, was not necessarily a fool. He had shrewd notions in a
small way. Like a true downeast Yankee, he knew the effect of
soft sawder upon human nature. Like the unfortunate Hull, before
taking possession of a territory so extensive as Upper Canada, he
thought it necessary to assure the stranger that he was, on
submitting to be conquered, to become “a fellow citizen.” He
proclaimed this interesting fact to his own companions in arms.
If the stranger citizens behaved peaceably, they were to be
secure in their persons, as a matter of course, but only in their
properties so far as Alexander’s imperious necessities would
admit, and how far that would have been, time was to unfold. He
strictly forbade private plundering, but whatever was “booty,”
according to the usages of war—”booty and beauty,”
doubtless combined,—Alexander’s soldiery were to have.
Appealing to the trader-instincts of his hordes, he offered two
hundred dollars a head for artillery horses, of the enemy, and
forty dollars for the arms and spoils of each savage warrior, who
should be killed, and every man, who should shrink, in the moment
of trial, was to be consigned to “eternal infamy.” The watchword
of the “patriots,” was to be “the cannon lost at Detroit or
death.”

During the truce, in Upper Canada, there was some skirmishing
in Lower Canada. At St. Régis, four hundred Americans
surprised the Indian village. Twenty-three men were made
prisoners, and Lieutenant Rolette, with Serjeant McGillivray, and
six men were slain. But to counterbalance this affair, a month
later, some detachments of the 49th regiment, a few artillery,
and seventy militiamen from Cornwall and Glengary, surrounded a
block house at the Salmon River, and made prisoners of a Captain,
two subalterns and forty men; four batteaux and fifty-seven stand
of arms, falling also into the hands of the captors.

In no way discouraged, however much they may have been
irritated by these repeated failures, which had not even the
excuse of inferiority in numbers, or in any want of the materials
of war, if the want of vessels on the lake be not considered, the
American government energetically exerted itself to augment their
naval forces on the lakes and to reinforce General Dearborn.
Indeed, that officer was now at the head of ten thousand men, at
Plattsburgh, and the American fleet on Lake Ontario was already
so much superior to that of the British, as to make it necessary
for the latter to remain inactive in harbour. The British ship
Royal George, was actually chased into Kingston channel,
and was there cannonaded for some time. It was only when the
American fleet came within range of the Kingston forts that they
hauled off to Four Mile Point, and anchored, the commander taking
time to reflect upon the expediency of bombarding Kingston. Next
morning, having come to an opposite conclusion, he stood out with
his fleet into the open lake and fell in with the Governor
Simcoe
. A chase was commenced, and the Governor Simcoe
narrowly escaped by running over a reef of rocks, and making for
Kingston, which, like the Royal George, she reached more
hotly pursued than she had bargained for. It was late in the
season, and the weather becoming more and more boisterous, the
Americans bore away for Sackett’s Harbour, in making for which
they captured two British schooners, taking from one of them,
Captain Brocke, the paymaster of the 49th regiment of the line,
who had with him the plate which had belonged to his gallant
deceased brother, the late Governor of Upper Canada. But the
American Commodore Chancey, generously paroled him, and suffered
him to retain the plate.

Unable to remain longer inactive, General Dearborn, in command
of the American army of the north, approached Lower Canada. On
the 17th of November, Major DeSalaberry, commanding the Canadian
Cordon and advanced posts, on the line, received intelligence of
Lieutenant Phillips, that the enemy, ten thousand strong, were
rapidly advancing upon Odelltown. There was no time to be lost
and he set about strengthening his position as speedily as he
could. Two companies of Canadian Voltigeurs, three hundred
Indians, and a few militia volunteers were obtained from the
neighboring parishes, and there was every disposition manifested
to give the intruders a warm reception. The enemy, however,
halted at the town of Champlain, and nothing of moment occurred
until the 20th of November, when the Captain of the day, or
rather of the night, as it was only three in the morning, noticed
the enemy fording the river Lacolle. Retracing his steps, he had
only time to warn the piquet of their danger, when a volley was
fired by the Americans, who had surrounded the log guard-house,
at so inconsiderable a distance that the burning wads set fire to
the birch covering of the roof, until the guard-house was
consumed. But long before that happened, the militia and Indians
had discharged their guns, and dashed through the enemy’s ranks.
It was dark, and the position which the Americans had taken, with
the view of surrounding the guard-house, contributed somewhat to
their own destruction. In a circle, face to face, they mistook
each other in the darkness, and fought gallantly and with
undoubted obstinacy. Neither side of the circle seemed willing to
yield. For half an hour a brisk fire was kept up, men fell, and
groaned, and died; and the consequences might have been yet more
dreadful had not the moon, hidden until now by clouds, revealed
herself to the astonished combatants. The victors and the
vanquished returned together to Champlain, leaving behind four
killed and five wounded. From the wounded prisoners, whom, with
the dead, the Indians picked off the battle field, it was learned
that the unsuccessful invaders consisted of fourteen hundred men
and a troop of dragoons, commanded by Colonels Pyke and
Clarke.

Unfortunate to the Americans as this night attack had been, it
was sufficient to lead the Governor General of Canada to the
conclusion that it would not be the last. Nay, he was persuaded
that a most vigorous attempt at invasion would be made, and
having no Parliament to consult, nor any public opinion to fear,
he turned out the whole militia of the province for active
service, and ordered them to be in readiness to march to the
frontier. Lieutenant-Colonel Deschambault was directed to cross
the St. Lawrence at Lachine, and from Caughnawaga, to march to
the Pointe Claire, Rivière-du-Chène, Vaudreuil, and
Longue Pointe. Battalions upon L’Acadie, and volunteers from the
foot battalions, with the flank companies of the second and third
battalions of the Montreal militia, and a troop of militia
dragoons, crossed to Longueil and to Laprairie. Indeed the whole
district of Montreal, armed to the teeth, and filled with
enthusiasm, simultaneously moved in the direction from whence
danger was expected. General Dearborn quietly retreated upon
Plattsburgh and Burlington, and, like a sensible man, as he
undoubtedly was, abandoned for the winter, all idea of taking
possession of Lower Canada.

On the 28th of November, the armistice being at end, General
Smyth invaded Upper Canada, at the foot of Lake Erie. With a
division of fourteen boats, each containing thirty men, a landing
was effected between Fort Erie and Chippewa, not however
unopposed. Lieutenant King, of the Royal Artillery, and
Lieutenants Lamont and Bartley, each in command of thirty men of
the gallant 49th, gave the enemy a reception more warm than
welcome. Overwhelmed, however, by numbers, the artillery and the
detachment of the 49th, under Lamont gave way, when Lieutenant
King had succeeded in spiking his guns. Lamont and King were both
wounded, and with thirty men, were overtaken by the enemy and
made prisoners. Bartley fought steadily and fiercely. His gallant
band was reduced to seventeen, before he even thought of a
retreat, which his gallantry and tact enabled him to effect. The
American boats had, while Bartley was keeping up the fight,
returned to the American shore with the prisoners, and as many
Americans as could crowd into them, leaving Captain King, General
Smyth’s aid-de-camp, to find his way back, as best he might. He
moved down the river shore with a few officers and forty men,
followed, from Fort Erie, by Major Ormsby, who made them all
prisoners with exceedingly little trouble. Unconscious of any
disaster, another division of Americans, in eighteen boats, made
for the Canada shore. Colonel Bishop had now arrived from
Chippewa, and had formed a junction with Major Ormsby, the
Commandant of Fort Erie, and with Colonel Clarke and Major Hall,
of the militia. There were collected together, under this
excellent officer, about eleven hundred men, taking into account
detachments of the 41st, 49th, and Royal Newfoundland regiments,
and in addition, some Indians. The near approach of the Americans
was calmly waited for. A cheer at last burst from the British
ranks and a steady and deadly fire of artillery and musketry was
opened upon the enemy. The six-pounder, in charge of Captain
Kirby, of the Royal Artillery, destroyed two of the boats. The
enemy were thrown into confusion, and retired.

General Smyth again tried the effect of diplomacy upon the
stubborn British. He displayed his whole force of full six
thousand men, upon his own side of the river. Colonel Bishop
ordered the guns which had been spiked to be rendered
serviceable, and the spikes having been withdrawn, the guns were
remounted and about to open fire, with the view of scattering the
valiant enemy, when a flag of truce brought a note from General
Smyth. It was simply a summons to surrender Fort Erie, with a
view of saving the further effusion of blood. He was requested to
“come and take it,” but did not make another attempt until the
1st of December, when the American troops embarked merely again
to disembark and go into winter quarters. Murmur and discontent
filled the American camp, disease and death were now so common,
and General Smyth’s self-confidence was so inconsiderable that
the literary hero, who had spoken of the “eternal infamy” that
awaits him who “basely shrinks in the moment of trial,” literally
fled from his own camp, afraid of his own soldiery, who were
exasperated at his incapacity. Thus ended the first year of the
invasion. The Americans had learned, the not unimportant lesson,
that, as a general rule, it is so much more easy successfully to
resist aggression, than, as the aggressor, to be successful. The
invasion of any country, if only occupied by savages, requires
more means than is generally supposed.

Sir George Prevost, somewhat relieved from the anxiety
attendant upon anticipated and actual invasions, now summoned his
Parliament of Lower Canada, to meet for the despatch of business.
He opened the session on the 29th of December, and in his speech
from the throne, alluded to the honorable termination of the
campaign, without much effusion of blood, any loss of territory,
or recourse having been had to martial law. He proudly alluded to
the achievements in Upper Canada, and feelingly alluded to the
loss sustained by the country, in the death of General Brocke. He
spoke of the recent advantages gained over the enemy in both
provinces, and recommended fervent acknowledgements to the ruler
of the universe, without whose aid the battle is not to the
strong nor the race to the swift. And it was not alone for such
advantages, great as they were, that the country had to be
thankful; the Marquis of Wellington had gained a series of
splendid victories in Spain and Portugal. In Spain and Portugal
British valour had appeared in its native vigour, encouraging the
expectation that these countries would soon be relieved from the
miseries which had desolated them. His Royal Highness, the Prince
Regent, had directed him to thank the House for their loyalty and
attachment. His Royal Highness felt not the slightest
apprehension of insidious attacks upon the loyalty of a people
who had acted so liberally and loyally as the Canadians had done.
Sir George spoke of the beneficial effects arising from the Army
Bill Act, and recommended it to their further consideration. The
militia had been called out and had given him the cheering
satisfaction of having been a witness of a public spiritedness,
and of a love of country, religion, and the laws, which elsewhere
might have been equalled, but could not be anywhere excelled. He
recommended a revision of the militia law and urged upon the
legislature the expediency of concluding the public business with
dispatch.

Sir George had aroused the better feelings of the country. His
words fell gratefully upon the ear. The Canadian people and their
representatives felt that they were treated with respect and were
proud in the knowledge of deserving it. All that the Assembly
wanted was the confidence and affection of their sovereign. No
longer treated with suspicion and looked upon with aversion they
were ready to sacrifice everything for their country, and the
reply of the House of Assembly was an assent to his every
wish.

As soon as the House had proceeded to business, Mr. James
Stuart, one of the members for Montreal, with the view of
embarrassing the government, and with no purpose of creating
uneasiness in England, moved for an enquiry into the causes and
injurious consequences that might have resulted from the delay
incurred in the publication of the laws of the Provincial
Parliament, passed in the previous session. His assigned object
in making the motion was to palliate the conduct of the Pointe
Claire rioters. The motion carried and the Clerks and other
officers of the Upper House were summoned to attend at the Bar of
the Assembly. The Upper House, seemingly, considered that their
officers had equal privileges with themselves, and at first
refused to allow these gentlemen to attend, but, seeing the
Assembly resolute, and being anxious not to throw any obstacle in
the way of the speedy despatch of the public business, they
permitted their attendance under protest. The result of the
enquiry amounted to nothing, and the House proceeded to other
business. The subject of appointing an agent to England was again
considered, but postponed until a more suiting time, when the
propriety of an income tax was discussed. It was indeed resolved
in the Assembly to impose a tax upon persons enjoying salaries
from the government, of fifteen per cent upon such as had
£1,500 a year, twelve per cent upon such as had
£1,000 and upwards, ten per cent upon £500 and
upwards, and five per cent upon every £250 and upwards. The
bill was, of course, rejected by the Council. The Assembly,
however, firmly convinced of the loyalty of the people, were
neither to be cajoled nor brow-beaten out of their rights, and
they proceeded to other business of a singularly unpleasant
character to the higher powers. Mr. Stuart, the leader of the
opposition, was a man of extraordinary capacity and of great
firmness of purpose. Those who had made Sir James Craig do him an
injustice still held their appointments, and he was determined to
bring about a change without the slightest regard whatever to the
consequences of change. He moved for an enquiry into the power
and authority exercised by His Majesty’s Courts of Law, with a
view to put a stop to such trifling with justice as had been
exhibited in the arrest and imprisonment of Mr. Bedard and
others. It was asserted by Mr. Stuart that under the name of
Rules of Practice, the Chief Justice, in league with the
government, had subverted the laws of the province, and had
assumed legislative authority, to impose illegal burthens and
restraints upon His Majesty’s subjects, in the exercise of their
legal rights, which were altogether inconsistent with the duties
of a Court and subversive of the rights and liberties of the
subject. The House granted the enquiry sought for, and proceeded
to other business. But it is here worthy of note that Mr. Bedard,
who had been so unjustly treated by Sir James Craig, in virtue of
these Rules of Practice, had now triumphed over his enemies. He,
who only two years back, had been presented, at the instance of
the government, by the Grand Juries of Quebec and Montreal, was
now seated upon the Bench as Provincial Judge for the District of
Three Rivers, and thus, says his secret enemy, Mr. Ryland, is he
associated with the Chief Justice of the province, who, in his
capacity of Executive Councillor, had concurred in his commitment
to the gaol of Quebec, on treasonable practices. It was to secure
the independence of the judges by freeing them from executive
trammels, that Mr. James Stuart himself, afterwards Chief Justice
of the province, and a Baronet of the United Kingdom, moved for
an enquiry concerning their Rules of Practice, rules obviously
incompatible with the liberty of speech and with the freedom of
the press. The enquiry had an excellent indirect effect. It
seemed to some extent, to have secured the liberty of the press.
From the time, says Mr. Ryland, that the Assembly began its
attacks on the Courts of Justice, the licentiousness of a press,
(the Gazette,) recently established at Montreal, has
appeared to have no bounds. Every odium that can be imagined, is
attempted in that publication, to be thrown on the memory of the
late Governor-in-Chief, on the principal officers of government,
and on the Legislative Council. The people’s minds are poisoned
and the disorganizing party encouraged to proceed. Thus is it led
to hope that any future Governor may be deterred from exercising
that vigor, which the preservation of His Majesty’s government
may require. A higher tribute to a free press no man ever paid
than that. The hope has been realised, the trials have all been
passed through, and persecutions for opinion’s sake must now be
cloaked, at least, by something more than expediency.

The Assembly next proceeded to the consideration of the
expediency of legally enlarging the limits and operation of
martial law, as recommended in the speech from the throne, and
reported that such enlargement was inexpedient. The House then
renewed the Army Bill Act, authorised the sum of five hundred
pounds to be put in circulation, and commissioners were appointed
to ascertain the current rate of exchange on London, which
holders were entitled to recover from government. Fifteen
thousand pounds were granted for the equipment of the militia,
and £1,000 additional for military hospital. Towards the
support of the war £25,000 were granted. £400 were
granted for the improvement of the communication between Upper
and Lower Canada. A duty of two and a half per cent, for the
further support of the war was placed upon all imported
merchandize, with the exception of provisions, and two and a half
per cent additional on imports by merchants or others not having
been six months resident. A motion was made by one of the most
independent members of the Assembly, for a committee of the
whole, to enquire whether or not it was necessary to adopt an
address to the King concerning the impropriety of the judges
being members of the Legislative Council. But the motion was not
pressed. This gentleman, though very desirous of as much liberty
as it was possible to obtain for himself, was not particularly
disposed to give an undue share to others. He took umbrage at an
article communicated to the Mercury, ably written, and
perhaps, at the time, strikingly true, relative to the conduct
which Mr. Stuart had been and was pursuing, since he had been
stript of his official situation by the late Governor. It was
hinted that the discontented legislator was actuated in his
opposition to the government by no unfriendly feeling to the
United States. It was asked if he were not determined to be
somebody. He was a man not unlike him who fired the temple of
Ephesus. He was sowing seeds of embarrassment and delay, and
picking out flaws, with the microscope of a lawyer, in the
proceedings of the government. And he was prostituting his
talents and perverting his energies. The House resolved that the
letter of “Juniolus Canadensis,” was a libel, and perhaps it was,
but if so, Mr. Stuart had the Courts of Law open to him, and
therefore the interference of the House was as silly as it was
tyrannical. Mr. Cary, the publisher of the Mercury, evaded
the Sergeant-at-Arms, and laughed at the silliness of the
collective wisdom afterwards. The House was prorogued on the 15th
of February. The war had not so far produced any injurious effect
on the commerce of the country The revenue was £61,193
currency, and the expenditure, which included the extraordinary
amount of £55,000 granted towards the support of the
militia, was only £98,777. The arrivals at Quebec numbered
399 vessels of 86,437 tons, and in 1812, twenty vessels were
built at the port of Quebec.

The first operations of the next campaign, in 1813, were
favorable to the British. On the 22nd of January, a severe action
was fought at the River Raisin, about twenty-six miles from
Detroit, between a detachment from the north-eastern army of the
United States, exceeding seven hundred and fifty men, under
General Winchester, and a combined force of eleven hundred
British and Indians, under Colonel Proctor. General Harrison, in
command of the north western army of the United States, was
stationed at Franklintown. Anxious, at any cost, to afford the
discontented and sickly troops under him, active employment, he
detached General Winchester with his seven or eight hundred, or,
as it is even said, a thousand men, to take possession of
Frenchtown. This, General Winchester had little difficulty in
doing, as he was only opposed by a few militiamen and some
Indians, under Major Reynolds. The intelligence of the capture of
Frenchtown had, however, no sooner reached Colonel Proctor than
he collected his men together and marched with great celerity
from Brownston to Stoney Creek. Next morning, at the break of
day, he resolutely attacked the enemy’s camp and a bloody
engagement ensued. General Winchester fell into the hands of the
chief of the Wyandot Indians, soon after the action began, and
was sent a prisoner to Colonel Proctor. The Americans soon
retreated, taking refuge behind houses and fences, and, terribly
afraid of the Indians, determinedly resisted. The Americans
blazed away; every fence and window of the village vomited a
flame of fire; but the British, with their auxiliary Indians,
were still driving in the enemy, and about to set the houses on
fire, when the captured General Winchester, stipulated for a
surrender. On condition of being protected from the Indians, he
assured Colonel Proctor that the Americans would yield, and this
assurance being given, General Winchester caused a flag of truce
to be sent to his men, calling upon them to lay down their arms,
which they were only too glad to do. The Americans lost between
three and four hundred in killed alone; while one
brigadier-general, three field officers, nine captains, twenty
subalterns, and upwards of five hundred rank and file, were taken
prisoners.[20] Comparatively considered, the
British loss was trifling. Twenty-four men were killed, and one
hundred and fifty-eight were wounded. Colonel Proctor was raised
to the rank of Brigadier-General, in reward for his successful
gallantry.

As if to counterbalance the effect of this success, another
naval engagement occurred at sea, on the 14th of February,
between the British sloop of war Peacock and the American
brig Hornet. The fight was long continued, bloody and
destructive. The Peacock, after an hour and a half of hard
fighting was in a sinking state. The effect of the enemy’s fire
was tremendous, but the men of the Peacock behaved nobly.
Mr. Humble, the boatswain, having had his hand shot away, went to
the cockpit, underwent amputation at the wrist, and again
voluntarily came upon deck to pipe the boarders. The
Peacock was now rapidly settling down, and a signal of
distress was consequently hoisted. The signal was at once
humanely answered. The firing ceased immediately, the American’s
boats were launched, and every effort praiseworthily made to save
the sinking crew. All were not, however, saved. Three of the
Hornet’s men and thirteen of the crew of the
Peacock went down in the latter vessel together. The
Hornet carried twenty guns, while the Peacock had
only eighteen, and the tonnage of the former exceeded, by
seventy-four tons, that of the latter.

The Americans now gathering up their strength, irritated by
their repeated failures on the land, and disheartened, but yet
not discouraged by their original weakness on the lakes, were
about, in some degree, to be compensated more suitably for their
inland losses than by the capture or rather by the negative kind
of advantage of destroying at considerable cost and risk,
frigates and sloops of war at sea, inferior in every respect, the
bravery of the sailors and the skill of the officers excepted, to
the huge and properly much esteemed American double-banked
frigates and long-gunned brigs. The command of Lake Ontario had
devolved on the Americans. New ships of considerable size, and
well armed, under the superintendence of experienced naval
officers, were built and launched day after day. Troops were
being collected at every point for an attack, by sea and land,
upon either York or Kingston. It was now exceedingly necessary
that some activity of a similar kind should be displayed by the
British. The forests abounded in the very best timber; there were
able shipbuilders at Quebec; the Canadian naval commanders had
distinguished themselves frequently; there was a secure dockyard
at Kingston; and, indeed, there existed no reason whatever, for
the absence of that industry on the Canadian side of the rivers
and lakes, dividing the two countries, but one, and a more fatal
one could not have been listened to. It was simply that the
British had been hitherto able to repel the invader wherever he
had effected a landing, and would be, under any circumstances,
quite able, as they were willing, to repel him again. And there
was an ignorance about Canada, on the part of both the heads of
the naval and of the military departments in England, as
disgraceful, as it was inexcusable. It was believed that there
were neither artisans to be found in the country nor wood. It
seemed to be a prevalent opinion that the country was peopled
only by French farmers, a few French gentlemen, and some hundreds
of discharged soldiers, with a few lawyers and landed
proprietors, styled U.E. Loyalists, besides the few naval
officers resident at Kingston, and the troops in the different
garrisons. In Upper Canada, during the winter, nothing, or almost
nothing, was done in the way of building ships for the lakes. Sir
George Prevost, it is true, made a hurried visit to Upper Canada,
after having prorogued the Parliament. He was a man admirably
adapted for the civil ruler of a country having such an elastic
and very acceptable constitution as that which Canada has now had
for some years past. He was one of those undecided kind of
non-progressive beings, who are always inclined to let well
alone. He was well meaning, and he was able too, in some sense.
He was cautious to such a degree that caution was a fault. He was
not, by any means, deficient in personal courage, but his mind
always hovered on worst consequences. If he had hope in him at
all, it was the hope that providence, without the aid of Governor
Prevost, would order all things for the best. He had a strict
sense of duty and a nice sense of honor, but he always considered
that it was his duty not to risk much the loss of anything, which
he had been charged to keep, and his moral was so much superior
to his physical courage, that he never considered it dishonorable
to retreat without a struggle, if the resistance promised to be
very great. An instance of this occurred while Sir George was on
his way to Upper Canada. On the 17th of February,
Lieutenant-Colonel Pearson, commanding at Prescott, proposed to
him an attack upon Ogdensburgh, which was then slightly
fortified, and was a rallying point for the enemy. Indeed, an
attack had some days previously been made upon Brockville, by
General Brown, at the head of some militia from Ogdensburgh, and
Colonel Pearson thought that the sooner an enemy was dislodged
from a position exactly opposite his own and only separated by a
frozen river, three quarters of a mile in width, the more secure
he would have felt himself to be, and the less danger would there
have been of the communication between the Upper and Lower
provinces of Canada, being interrupted. General Prevost would not
consent to an attack, but he allowed a demonstration to be made
by Colonel McDonnell, the second in command at Prescott, so that
the enemy might exhibit his strength, and his attention be so
much engaged that no attempt would be made to waylay the Governor
General, on the information of two deserters from Prescott, who
would, doubtless, have informed the commandant, at Ogdensburgh,
of Sir George’s arrival and of his chief errand. Colonel McDonell
moved rapidly across the river, and on landing, was met by
Captain Forsyth and the American forces under him. A movement
designed for a feint, was now converted into a real attack.
Colonel McDonell, as he perceived the enemy, still more rapidly
pushed forward, and, in a few minutes, was hotly engaged. The
Americans were driven from the village, leaving behind them
twenty killed and a considerable number wounded. On the side of
the British, the loss of Colonel McDonell, seven other officers
and seven rank and file had to be deplored, while forty-one men
were wounded. The attack was most successful however. Eleven
cannons, several hundred stands of arms, and a considerable
quantity of stores fell into the hands of the victors, while two
small schooners and two gun-boats were destroyed in winter
quarters.

Recruiting and drilling were being briskly carried on about
Quebec and Montreal. Some troops began to arrive, about the
beginning of March, from the Lower Provinces. The 104th regiment
had arrived overland from Fredericton, in New Brunswick, by the
valley of the St. Johns River, through an impenetrable forest,
for hundreds of miles, to Lake Temiscouata, and from thence to
River-du-Loup, proceeding upwards along the south shore of the
St. Lawrence.

A month later and the Americans were ready to resume the
offensive in Upper Canada. The American fleet, consisting of 14
vessels, equipped at Sackett’s Harbour, situated at the foot of
the lake, and not very far from Kingston, in a direct line
across, sailed from the harbour under Commodore Chancey, with
seventeen hundred men, commanded by Generals Dearborn and Pike,
to attack York, (now Toronto.) In two days the fleet was close in
shore, a little to the westward of Gibraltar Strait. A landing
was soon effected at the French fort of Toronto, about three
miles below York, under cover of the guns of the fleet, but the
enemy’s advance was afterwards stoutly opposed. Six hundred
militia men altogether, including the grenadiers of the 8th
regiment of the line, could not long withstand seventeen hundred
trained troops. They withdrew and the schooners of the fleet
approaching close to the fort, commenced a heavy cannonade, while
General Pike pushed forward to the main works, which he intended
to carry by storm, through a little wood. As General Sheaffe, in
command of the British, retired, and as General Pike, in command
of the Americans, advanced, a powder magazine exploded which blew
two hundred of the Americans into the air, and killed Pike. Of
the British, fully one hundred men were killed, and the walls of
the fort were thrown down. The Commodore was now in the harbour.
And General Sheaffe seeing that not the remotest chance of saving
the capital of Upper Canada, now existed, most wisely determined
to retreat upon Kingston. He accordingly directed Colonel
Chewett, of the militia, to make arrangement for a capitulation,
and set off with his four hundred regulars for Kingston. By the
capitulation, private property was to be respected, and public
property only surrendered. The gain was not great, if the moral
effect of victory be not considered. The victors carried off
three hundred prisoners, and the British, before retreating, had
considered it expedient to burn a large armed ship upon the
stocks, and extensive naval stores.

The Clerk of the House of Assembly of Upper Canada, a
volunteer, fell during the struggle. In all, the British loss was
one hundred and thirty killed and wounded.

It is said that General Sheaffe suffered severely in the
public estimation, because he retreated. The public had forgotten
that he had killed and destroyed more Americans than had fallen
on the side of the British. Nor did it occur to them that had
their general not retreated, and capitulated, an armed fleet was
in the harbour, which it was impossible to drive out, even had
the fort been standing, or had there been great guns, with which
earth batteries could have been formed. It had not occurred to
the public of Lower Canada that if York had been burned,
Sheaffe’s retreat to Kingston, would have been no less imperative
than it was. He was, however, superseded in the command in chief
of Upper Canada by Major General De Rottenburgh.

The American fleet landed the troops at Niagara after this
success, and then sailed for Sackett’s Harbour for
reinforcements. The Commodore, an energetic, clearheaded sailor,
sent two of his vessels to cruise off the harbour of Kingston,
vigilantly, and then sent vessel after vessel, at his
convenience, with troops, up the lake to Michigan. There he
concentrated the whole of his ships, including his Kingston
cruisers, for an attack upon Fort George, in combination with the
land force under General Dearborn. The British were under the
command of General Vincent, who could not muster above nine
hundred soldiers. It was early on the morning of the 27th of May,
that the enemy began the attack. The fort was briskly cannonaded,
and during the fire, Colonel Scott, with a body of eight hundred
American riflemen, effected a landing. But they were promptly met
by the British and compelled to give way, in disorder. The
Americans retreated to the beach and crept under cover of the
bank, from whence they kept up a galling fire, the British troops
being unable to dislodge them, on account of the heavy broadsides
of the American fleet, formed in Crescent shape, to protect their
soldiers. Indeed, under cover of this fire from the fleet,
another body of the enemy, numbering ten thousand men, effected a
landing, and the British were reluctantly compelled to retire.
General Vincent blew up the fort and fell back upon Burlington
Heights, every inch of ground being stoutly contested. Flushed
with success, Dearborn, the American General-in-Chief, now
confidently anticipated the conquest of the whole of Upper
Canada, and pushed forward a body of three thousand infantry, two
hundred and fifty horse, and nine guns. But General Vincent
having learned of the enemy’s advance, sent Colonel Harvey, with
eight hundred men, to impede their progress. Harvey, an
experienced and brave officer, was not long in discovering that
the enemy kept a bad look out. He resolved upon surprising them.
Accordingly, he waited for the darkness of night, under cover of
which, a sudden attack was made so successfully, that he made
prisoners of two generals and a hundred and fifty men, besides
capturing four guns. It was now the enemy’s turn to retreat, and
they did so in admirable confusion. Arrived at Fort George a halt
took place, but a fortnight elapsed before General Dearborn had
sufficiently recovered from the effect of this surprise to send
out an expedition of six hundred men to dislodge a British
picquet, posted at Beaver’s Dam, near Queenstown. The
dislodgement was most indifferently effected, inasmuch as the
expedition was waylaid on their passage through the woods, by
Captain Kerr, with a few Indians, and by Lieutenant Fitzgibbons,
at the head of forty-six of the 49th regiment, in all, less than
two hundred men, but so judiciously disposed as to make the
Americans believe that they were the light troops of a very
superior army, the approach of which was expected, and they, to
the number of five hundred, surrendered, with two guns and two
standards.

It now became the turn of the British to invade, and early in
July, Colonel Bishop set out on an expedition to Black Rock, at
the head of a party of militia, aided by detachments of the 8th,
41st, and 49th regiments of the line. He was perfectly
successful. The enemies’ block-houses, stores, barracks, and
dockyard were burned, and seven pieces of ordnance, two hundred
stand of arms, and a great quantity of stores were brought away.
But it was at great cost. While employed in securing the stores,
the British were fired upon, from the woods, by some American
militia and Indians, and while Captain Saunders, of the 41st,
dropped, severely wounded, Colonel Bishop, who had planned, and
so gallantly executed the assault, was killed.

While these things were happening in the Far-Civilised-West of
that day, the British flotilla on Lake Champlain, had captured
two American schooners, the Growler and Eagle, of
eleven guns each, off Isle-aux-Noix.

After it had become apparent that the Americans had the
command of Lake Ontario, and could visit to burn and destroy
every village or unfortified town, held by the British, some
slight and very inadequate exertion was made to remedy so
distressing a state of affairs. In May, Sir James L. Yeo, with
several other naval officers and 450 seamen arrived at Quebec,
en route for the lakes. Captains Barclay, Pring, and
Finnis, had been some time at Kingston, and were doing something
in the way of preparing for service the few, vessels at Kingston,
by courtesy called a fleet. Sir George Prevost and Sir James L.
Yeo lost little time in reaching Kingston together. The American
fleet was off Niagara, bombarding Fort George. It occurred to the
two commanders that an attack upon their naval station at
Sackett’s Harbour would not be amiss, and it was resolved upon.
About a thousand men were embarked on board of the Wolfe,
of 24 guns, the Royal George, of 24 guns, the Earl of
Moira
, of 18 guns, and four armed schooners, each carrying
from ten to twelve guns, with a number of batteaux. The weather
was very fine. Everything was got in readiness for an expeditious
landing. The soldiers were transferred from the armed vessels to
the batteaux, so that no time might be lost in the debarkation.
Two gun-boats were placed in readiness, as a landing escort, The
boats were under the direction of Captain Mulcaster, of the Royal
Navy, and the landing under the immediate supervision of Sir
George Prevost and Sir James L. Yeo. It was expected that, in the
absence of the American fleet and army, the growing and
formidable naval establishment of the enemy would be temporarily
rendered worthless. And the expectation was not an unnatural one.
It was, indeed, in a trifling degree, realised. There was some
injury done to Sackett’s Harbor, but not of such a nature as to
produce a strong effect upon either Canadian minds or American
nerves. A number of boats, containing troops, from Oswego, were
dispersed, while doubling Stoney Point, and twelve of them, with
150 men on board, captured. But the loss to the British was the
delay caused by such an unlucky acquisition. The landing was
deferred by it. General Brown was put on the alert. He had time
to make arrangements and to collect troops. He planted 500
militia on the peninsula of Horse Island, which is a sort of
protection wall for the harbour. He ordered them to be still and
close, keep their powder dry, and reserve their fire. And they
did their best, in accordance with these instructions, until the
fleet opened a heavy cannonade to cover the landing of the
invaders, when General Brown’s militiamen quaked exceedingly.
When the troops had landed, and the American militia had lost, by
death, their immediate commander, Colonel Mills, they fled with
the utmost precipitation. But it was the conduct of these very
cowards that afterwards alarmed, the ever suspicious Sir George
Prevost, and caused, to a very considerable extent, the almost
failure of the expedition. The British columns were advancing
somewhat rapidly towards Fort Tomkins, when they were met by
Colonel Backus, at the head of 400 regulars, and some militia,
hastily assembled from the neighboring towns. A sharp contest
ensued. Colonel Backus was mortally wounded. His regulars still
maintained their ground, but a serious impression had been made
upon his line. On the militia, so strong an impression had been
made that before General Brown could bring up, to the assistance
of Backus, 100 of the party dispersed at the landing, these
irregulars fled by a road leading south westwardly, through a
wood. The regulars stood firm. Captain Gray, commanding the
British advanced corps fell, and the suspicious mind of Prevost
fancied a snare. He saw the regular soldiery of the enemy
standing unmoved; he had learned that a regiment of American
regulars, under Colonel Tutle, were marching at double step, to
the scene of action; and he fancied that the retreating militia
were not at all afraid, but brilliantly executing a circuitous
march to gain the rear of the British line, and cut off their
retreat. It was true Fort Tomkins was about to fall into British
hands. Already the officer in charge of Navy Point, agreeably to
orders, and supposing the fort to be lost, had set on fire the
naval magazine, containing all the stores captured at York; the
hospital and barracks were illuminating the lake by their grand
conflagration; and a frigate on the stocks had been set on fire,
only to be extinguished, when Sir George Prevost’s mind became
unsettled, concerning the ulterior designs of the enemy. In the
very moment of fully accomplishing the purpose of the expedition,
he ordered a retreat; the troops were re-embarked without
annoyance; the fleet returned safely to Kingston, and the
Canadian public suspected that Sir George Prevost, as a military
commander, had been weighed in the balance and found wanting.
They felt, indeed, most acutely, that Major General Isaac Brock
was dead, and that he was not replaced by Sir George Prevost.

In the west, the Americans, under Harrison, exerted themselves
to recover Michigan. They were blockaded, it is true, and
inactive within Fort George, but, on Lake Erie, the war was
vigorously prosecuted. General Proctor was kept particularly
busy. The Americans were inconveniently near. They showed no
disposition to move. They had settled down and were practicing
masterly inactivity at Sandusky. Proctor determined upon
disturbing them. He moved rapidly upon Lower Sandusky, and
invested it with five hundred regulars and militia, and upwards
of three thousand Indians. The Indians were commanded by
Tecumseh. Having battered the fort well and made a breach Proctor
determined upon carrying the place by assault. The Indians,
however, were worthless for the assault of a fortified place.
Concealed in the grass of the prairie, or hidden in the trees of
the forest, they could fire steadily and watch their opportunity
to rush upon the foe, but they had a horror of great guns and
stone walls. They kept out of range of the American cannon.
Nothing could induce them to consent even to follow their British
allies up to the breach. The assault was, nevertheless,
determined upon, and Colonel Short led the storming party of
regulars and militia. Under cover of the fire of cannon the
gallant band reached the summit of the glacis and stood with only
the ditch between them and the fort. The heavy fire of the enemy
upon men in a position so exposed at first produced some
confusion; but the storming party soon rallied and leaped into
the ditch. It was then that they were smitten with such a fire of
grape and musketry as no men could long withstand. The assailants
retreated, leaving Colonel Short, three officers, and fifty-two
men dead in the ditch, and having forty-one of their number
wounded.

General Proctor, finding his force inadequate to carry the
fort by assault, raised the siege and retired to
Amherstburgh.

Although it was all important to have and maintain the command
of the lakes, very little was done by the British with that view.
It was especially necessary to obtain the command of Lakes Erie,
Ontario and Champlain. No great aggressive movement could have
been easily effected while the British had the command of the
lakes. But on Lake Ontario the British fleet was inferior to that
of the American, the American Captain Perry had almost
established himself on Lake Erie, and on Lake Champlain the
British had not a single vessel larger than a gun-boat, and very
few of them. The excuse was that every vessel cost a thousand
pounds a ton; that timber, nor iron, nor anything required for
shipbuilding was obtainable in a province which was even then
compensating for the check in the Baltic timber trade, in a
province which abounds in iron, and was then quite capable of
building large sea-going craft at Quebec. While it was in truth
no more difficult for England to cover the lakes with cannon than
it was for the United States to do so, England kept sending out,
at great expense, timber, pitch, materials in iron, water casks,
and such like to Quebec and Kingston, with some thirty or forty
shipwrights, and less than a hundred sailors to man the flotillas
of three lakes. Neither the Admiralty nor the Ordnance had time
to make enquiries concerning Canada, or even to think of the
American war. All eyes were upon Wellington in Spain. The
attention of the people of England was not directed towards
Canada. A wide sea rolled between the two countries, and,
besides, there was an indistinct notion that Canada was wholly
inhabited by Frenchmen, who might take care of themselves or not,
as they pleased. The two first vessels belonging to the British
on Lake Champlain, were built by the Americans. The British were
contented with their fort at Isle-aux-Noix, and rejoiced in the
luxury of two gun-boats. It was on a lovely morning very early in
June, that a sail was seen stretching over a point of land,
formed by a bed in the river Chambly, and about six miles distant
from the fort. Another sail followed closely, and the shrewd
suspicion seized upon Colonel Taylor, of the 100th foot,
commanding the garrison, that the visitants were vessels of war.
He determined to war with the two strangers, per mare et
terram
. He converted some of his soldiery into marines,
manned his three gun-boats, and placing three artillerymen in
each boat, proceeded towards the enemy. But he took the
additional precaution of sending down both shores of the river a
few detachments from the fort. The sloops of war came up
majestically, the star-spangled banner waved gracefully in the
gentle morning air, and the American commanders were guessing the
effect of their first broadside upon Isle-aux-Noix, when they
were met by a heavy and well directed fire of grape from the
gun-boats, and by a steady torrent of bullets from the shore.
Still they tacked shortly from shore to shore, and every time
they were in stays, a shower of bullets swept the decks, while
the grape of the gun-boats whistled through the rigging. From
half past four in the morning until half past eight, the battle
raged, but then it was necessary to run one of the sloops ashore,
to prevent her from sinking, and both surrendered. The
Growler and the Eagle were worth the trouble
incurred in capturing them. Each mounted eleven guns. They had
long eighteens upon their forecastles, and their broadside guns
were composed of twelves and sixes. The crew of each vessel
consisted of thirty-five men and between the two vessels there
was a company of marines, who embarked on the previous evening at
Champlain. Nor was the cost to the captors very great. No one was
killed and only three men were severely wounded, while the enemy
suffered severely in killed and wounded, and a hundred men were
made prisoners.

These vessels now called the Shannon and the
Blake, as forget-me-nots of an action recently fought, but
not yet noticed, in Chesapeake Bay, were speedily turned to
excellent use. It was conceived expedient to destroy the
barracks, hospitals and stores at Plattsburgh, Burlington,
Champlain, and Swanton, if possible, and an expedition was
accordingly fitted out at Isle-aux-Noix. The two captured sloops
of war were repaired and made ready for the lake. Captain Pring,
from Lake Ontario, was promoted to the rank of commander and sent
to take command, but the sloop of war Wasp, having shortly
afterwards arrived at Quebec, Captain Everard, with his whole
crew, were sent to Isle-aux-Noix, and as senior officer assumed
the command of the two vessels and the three gun-boats. The
squadron sailed on the 29th of July, with about nine hundred men
on board, consisting of detachments of the 13th, 100th, and 103rd
regiments of the line, under Lieutenants Colonel Taylor and
Smelt, some royal artillery under Captain Gordon, and a few
militia, as batteaux men, under Colonel Murray. The expedition
was altogether successful. At Plattsburgh, the American General,
Moore, made no opposition to the landing of the British, but
retired with fifteen hundred soldiers, Murray, meanwhile,
destroying the arsenal, public buildings, commissariat stores,
and the new barracks, capable of accommodating five thousand men.
Neither did the squadron lie idly by. Captains Everard and Pring,
in the Growler and Eagle, proceeded to Burlington,
and threw the place into the utmost consternation. Gen’l.
Hampton, who was encamped there with four thousand men, was
unable to prevent the capture and destruction of four vessels.
And the two ships did not linger there either unnecessarily. They
went back to Plattsburgh, re-embarked the troops, and proceeded
to Swanton, Colonel Murray sending a detachment to Champlain to
destroy the barracks and blockhouse. At Swanton the object of the
expedition was accomplished, and the expedition returned without
casualty.

Public opinion had its effect upon the Admiralty,
notwithstanding the stubborn resistance of the old Lords, who
still privately persisted in the notion that an old tub, manned
by monkeys, if commanded by an officer in the royal navy, was a
match for the best American frigate that ever floated. There had
for some time back been considerable activity in the English
dockyards. Several vessels were commenced on the model of the
American frigates, and the commanders of frigates and sloops of
war, on the American coast, were cautioned not to expose
themselves to certain destruction by attacking large and heavily
armed vessels, only nominally of the same rank or class as
themselves. There was to be a real, not an apparent equality.
There was to be an equality in tonnage, an equality in the number
of guns, an equality in the weight of metal, an equality in the
thickness of a ship’s sides, and above all an equality in men, so
far as such equality could be ascertained. Equality in sailing
power was of great importance, but where it was wanting, the
superior sailor, if superior in metal and men had an advantage
which nothing but a calm or a lucky hit aloft could destroy. The
crews of every ship on the North American Station were to be
exercised in gunnery. Wisdom had been luckily forced upon the
Admiralty. And the result was good. Sir John Borlase, the naval
commander, in North America, blockaded every harbour in the
United States. American commerce was ruined. The carrying trade
of the Atlantic was no longer in American hands. The public
revenue sank from twenty-four millions of dollars annually, to
eight millions. Even had the Americans possessed the means of
building new frigates, the expenditure would have been useless,
while Sir John Borlase had the command of the sea. Congress did
authorise the commencement of four new seventy-fours, and of four
forty-four gun frigates, with six new sloops for the ocean, and
as many vessels of every description, as circumstances would show
the necessity for, on the lakes.

Admiral Cockburn, at the head of a light squadron, was most
annoying to the Americans. Not only did he blockade the
Chesapeake and Delaware inlets, but he scoured every creek and
river. Every now and then gun-boats were sent on excursions, and
marines landed to damage naval stores and arsenals. He was a kind
of legalized pirate, who darted in to a harbour, bay, or port,
doing every imaginable kind of mischief and running off.

About this time there were cruising off Boston two ships of
equal strength, the Shannon and the Tenedos.
Captain Broke, the commander of the Shannon, was the
senior officer, and having determined upon a combat, if it were
possible to effect it, between the American frigate
Chesapeake, then in Boston harbour, where she had passed
the winter, and his own vessel, he sent the Tenedos to
sea, with instructions not to return for three weeks. Captain
Broke had laboriously and anxiously drilled his men. He had
sighted his guns and used them often. In a word, he had by long
continued training brought his crew to the highest state of
discipline and subordination. They could fire ball to a nicety.
At sea and in harbour he had kept his men at great gun practice.
He was in a position to cope with any forty-four gun frigate,
belonging to the United States, for, though the Shannon
was only pierced for 38 guns, she carried 52. When the
Tenedos had put to sea, Captain Broke sent in a challenge
to Captain Lawrence, of the Chesapeake, entreating him to
try the fortunes of their respective flags in even combat.
The Chesapeake had 49 guns. Captain Broke immediately lay
close into Boston Light House, and the Chesapeake was
quickly under weigh. It is said that Captain Lawrence had not
received the challenge of his opponent when he stood out of the
harbour, but, however that may be, the Chesapeake was
escorted to sea by a flotilla of barges and pleasure boats.
Victory, indeed, was considered certain by the Americans. Nay, so
very certain were the inhabitants of Boston that the
Shannon would either be sunk or towed into port that,
counting their chickens before they were hatched, they prepared a
public supper to greet the victors on their return to the
harbour, with their prisoners. It was otherwise. Captain Broke
saw with delight, from the masthead of the Shannon, that
his challenge was to be satisfactorily replied to. The
Shannon was cleared for action, and waited for the
Chesapeake. She had not long to wait. The
Chesapeake came bowling along with three flags flying, on
which were inscribed—”Sailors, rights and free trade.” The
Shannon had her union jack at the foremast, and a somewhat
faded blue ensign at the mizen peak. There were two other ensigns
rolled into a ball ready to be fastened to the haulyard and
hoisted in case of need. But her guns were well loaded,
alternately with two round shot and a hundred and fifty musket
balls, and with one round and one double-headed shot in each gun.
The enemy hauled up within two hundred yards of the mizen beam
and cheered. The Shannon cheered in return, and then the
bravest held his breath for a time. A moment more and the
Shannon’s decks flashed fire. With deliberate aim each gun
along her sides was discharged, and the enemy, in passing, fired
with good effect his whole broadside. The Shannon’s shot,
however, told upon the rigging of the Chesapeake, and upon
her men, and after two or three broad sides, the
Chesapeake in attempting to haul her foresail up fell on
board the Shannon, whose starboard bower anchor locked
with the Shannon’s mizen chains. The great guns, with the
exception of the Shannon’s two aftermost guns ceased
firing. The Chesapeake’s stern was beaten in, and her
decks swept. There was now a sharp fire of musketry from both
sides, but Captain Broke perceiving that the Chesapeake’s
men had left their guns, called up his boarders, at the same time
ordering the two ships to be lashed together. And Mr. Stevens,
the Shannon’s boatswain, set about the execution of the
latter order. His left arm was hacked off by the enemy’s marines,
and he was mortally wounded by a shot from the
Chesapeake’s tops. He proceeded, nevertheless, in
fastening the two ships together, and then dropped in death
between the vessels. Captain Lawrence was wounded and carried
below, when Captain Broke, at the head of his boarders, leapt
upon the Chesapeake’s quarter-deck. The enemy’s crew were
soon overpowered and driven below. Forcing his way forward, the
Shannon’s men shut down the Chesapeake’s hatches
and kept up a fire on the men in the tops, while the
Shannon’s men at the same time, under Mr. Smith, forced
their way from the foreyard to the Chesapeake’s mainyard,
and soon cleared the tops. Captain Broke was at this time
assailed furiously by three American sailors, who had previously
submitted, and was knocked down by the butt end of a musket, but
as he rose he had the satisfaction of seeing the American flag
hauled down and the proud old British union floating over it in
triumph. Fifteen minutes had only elapsed and the
Chesapeake was entirely in the hands of the British. There
was one lamentable mishap. Lieutenant Watt, who hauled down the
enemy’s colours was, with two of his men, killed by a discharge
of musketry from the Shannon’s marines, in the belief that
the conflict still continued. The Chesapeake had
forty-seven killed and ninety-eight wounded, and the
Shannon lost in killed twenty-four, while fifty-nine had
been wounded. It was so ascertained that on equal terms England
still held the supremacy of the seas, and the exultation in
England was so great that every right-minded man went with the
government when they made Captain Broke a baronet. The broadside
guns of the Shannon were 25, of the Chesapeake 25;
the weight of metal in the former was 538 lbs., and of the latter
590 lbs.; while the Shannon had 306 and the
Chesapeake 376 men.

The Chesapeake was carried into Halifax, where her
gallant, gentlemanly, and ill-starred commander died and was
buried, with full military honors, in the presence of all the
British officers on the station, who uncovered themselves as they
laid into the grave all that was earthly of their noble foe.

The tide of fortune on the sea had now turned in favor of
Great Britain. On the 14th of August, the Argus, of twenty
guns, employed in carrying out Mr. Crawford, the American
Minister to France, was met after having landed the minister off
St. David’s, at the mouth of the Irish channel, by the British
brig Pelican, of eighteen guns, more heavily armed, though
carrying fewer guns, and better manned than the Argus, so
that, everything considered, the vessels were tolerably well
matched. As a matter of course they fought, and the
Pelican, one of the improved brigs, soon
out-manœuvred and raked her antagonist. Captain Allen, of
the Argus, fell at the first broadside. The Argus
was ultimately obliged to surrender with a loss of six killed and
seventeen wounded, her opponent having only three killed and five
wounded.

It was not long after this that the British brig Boxer,
of only fourteen guns and sixty-six men, fell a prize to the
American brig Enterprise, of sixteen guns and one hundred
and twenty men, but afterwards, throughout the war, single
combats, where there was even an approach to equality, terminated
in favor of the British. Captain Blythe, of the Boxer, and
the commander of the Enterprise, Lieutenant Burrows, were
buried in one grave, at Portland in Maine, with military
honors.

Thus were the favors of Mars still balanced with tolerable
fairness between the combatants.

Between Upper and Lower Canada the communication by either
land or water, in summer, was very imperfect, during the war.
There was then no Rideau Canal, connecting Kingston with the
Ottawa and the St. Lawrence. And there was neither the Lachine,
the Beauharnois, the Cornwall nor any other canal by which the
dangers and difficulties of the St. Lawrence rapids might be
avoided. Only batteaux and canoes plied between Upper and Lower
Canada. A kind of flat-bottomed boat, of from 35 to 40 feet in
length, and about six feet beam in the centre, carrying from four
to four and a half tons, was only available for the transport of
passengers, goods, wares, and merchandise. The boat was worked by
oars, a mast and sail, drag-ropes for towing, and long poles for
pushing them through the rapids, while the bow was kept towards
the shore by a tow line held by the boat’s crew or attached to
horses. From ten to twelve days were occupied in the voyage from
Montreal or Lachine to Kingston. To convey stores from Lachine to
Kingston, during the war, required some tact. On one side of the
river were the British batteries, while exactly opposite was an
American fort or earthwork, which as the batteaux poled past
Prescott or Brockville, could throw a round shot or two in their
immediate vicinity without very much trouble. Indeed the
Americans did very quietly send one or two cruisers and
privateers to dodge about that marine paradise, the Thousand
Islands, forming the delta of Lake Ontario, and covered to this
day with timber to the water’s edge, islands of all sizes and of
all forms, gently rising out of the limpid rippling stream, or
boldly standing forth from the deep blue water, presenting a
rugged, rocky moss-clad front to the wonderstruck beholder. On
the 20th of July, some cruisers from Sackett’s Harbour, succeeded
in surprising and capturing, at daybreak, a brigade of batteaux
laden with provisions, under convoy of a gun-boat. They made off
with their prize to Goose Creek, which is not far from Gananoque.
At Kingston the loss of the supplies was soon ascertained, and
Lieutenant Scott, of the Royal Navy, was despatched with a
detachment of the 100th regiment, in gun-boats, to intercept the
plunderers. At the lower end of Long Island, he ascertained the
retreat of the enemy, and waited patiently for the morning. In
the evening, still later, a fourth gun-boat with a detachment of
the 41st regiment came up, and having passed the night in bright
anticipations of glory, the rescuing gun-boats proceeded at three
in the morning to Goose Creek. The enemy had gone well up and had
judiciously entrenched themselves behind logs, while they had
adopted the Russian plan of blocking up the entrance to their
harbor where the Creek became so narrow that the attacking
gun-boats found it necessary to pole up even that far. Lieutenant
Scott set his men to work, to remove the barriers to his ingress,
but a brisk fire soon caused him to desist, and indeed he was
very nearly disabled. The only gun-boat that could be brought to
bear upon the enemy was already disabled, and the consequences
might have been disastrous but for the gallant conduct of the
soldiers, who leaped from the sternmost boats, up to their necks,
carrying their muskets high overhead, and charged the enemy on
landing, causing them to retreat with precipitation behind their
entrenchment. While this was being done, the gun-boats were got
afloat and put to rights, and the soldiers expeditiously
re-embarking the re-capture of the provisions was abandoned.
Captain Milnes, a volunteer aid-de-camp to the Commander of the
Forces, was killed.

A second boat expedition from Kingston failed, Sir James Yeo,
conceived that he might out cut of Sackett’s Harbour the new
American ship Pike, the equipment of which Commodore
Chancey was superintending. He arrived at the mouth of the
harbor, but the enemy having accidentally heard of his errand,
Sir James abandoned a scheme that could only have been effected
by surprise. In July, the American fleet appeared on the lake
with augmented force. Colonel Scott, with a company of artillery
and a considerable number of other soldiers was on board, en
route
for Burlington Heights. He was most anxious to destroy
the British stores there, the more especially as the place was
only occupied by Major Maule, at the head of a small detachment
of regulars. Lieutenant-Colonel Harvey, the Deputy
Adjutant-General of the army, shrewdly suspecting the design of
the enemy, despatched Colonel Battersby from York, who arrived in
time to re-inforce Maule. Scott made no attack, but with the
advice, or at all events, the concurrence of the commodore, did a
much wiser thing. The expedition sailed upon York, which
Lieutenant-Colonel Battersby had evacuated to save Burlington. A
landing was effected at York, of course, without opposition; the
storehouses, barracks, and public buildings were burned, and such
stores as were worth carrying away, taken. In Lake Champlain, on
the same afternoon, Colonel Murray and Captains Everard and
Pringle were retaliating at Plattsburgh, Burlington, Champlain,
and Swanton. Commodore Chancey having effected his purpose sailed
for Niagara, whither he was followed by Sir James Yeo, and looked
in upon on the 31st of July. Chancey, without loss of time,
raised his anchors and stood out of the bay, bearing down upon
the British squadron. Sir James manœuvred, keeping out of
range, and indeed coquetted with the enemy, until he had an
opportunity of pouncing upon two of his vessels, the Julia
and Growler, which he cut off and captured. He still
pursued the same tantalizing course of action, and Commodore
Chancey became completely disheartened, when the Scourge
of eight, and the Hamilton of nine guns, in endeavouring
to escape from the British, capsized under a press of sail, and
went down, all hands perishing, except sixteen who were picked up
by the boats of the opposing squadron. Immediately after this
disaster he stood off for Sackett’s Harbour, and arrived there on
the 13th of August. He merely took in provisions, however, and
again sailed for Niagara, arriving there early in September. On
the 7th the British fleet appeared off the harbour, and Chancey
stood out into the lake. The two fleets manœuvred as
before, avoiding close quarters, and indeed, for full five days,
hardly exchanged a shot. But on the 28th of September, the fleets
approached each other, and a sharp engagement ensued between the
two flag ships. The Wolfe, in which Sir James Yeo’s
pendant was hoisted, lost her main and mizen topmasts, and only
that the Royal George ran in between the Wolfe and
the Pike, enabling the former to haul off and repair, the
British flag ship would have been captured. As it was, Sir James
Yeo made off with his fleet to take refuge under Burlington
Heights.[21] Soon after, the American
fleet took troops from Fort George to Sackett’s Harbour, from
whence an expedition was being fitted out, in the way, capturing
five out of seven small vessels, from York, containing 250 men of
DeWatteville’s regiment, intended to reinforce the garrison at
Kingston.

On the lakes of Upper Canada, the fair face of fortune was
turned away from the British. As yet the capricious lady had only
frowned, but now she was positively sulky. A serious and indeed
dreadful disaster, which could not be afterwards repaired, but
entailed loss upon loss to the British, occurred on Lake Erie.
The British provinces were indeed exposed by it to the most
imminent danger. At one blow all the advantages gained by Brocke
were lost. On Lake Erie as on Lake Ontario, both the British and
the Americans exerted themselves in the construction of war
vessels. The great drawback to the British was the want of
seamen. Captain Barclay, when appointed to the command on Lake
Erie, in May, took with him fifty English seamen, to man two
ships, two schooners, a brig and a sloop, the rest of the crews
being made up of 240 soldiers and 80 Canadians. Captain Perry,
the American commander, had two more vessels, an equal number of
guns, double the weight of metal, and was fully manned by
experienced seamen. Captain Barclay sailed from Amherstburgh and
stretched his little squadron across the entrance to Presque
Isle. The American squadron, under Perry, was riding at anchor,
unable to put out, because the bar at the entrance of the harbour
prevented it from crossing, except with the guns out, an
operation not considered perfectly safe when done in the face of
an enemy. Captain Barclay was under the necessity of momentarily
leaving his station, and his opponent, Perry, crossed the bar.
Barclay in turn became the blockaded party. He made with all
haste for Amherstburgh and was shut in by Perry. Barclay
practiced his soldiers at the guns, and learned his Canadians how
to handle the ropes. He was indefatigable in his exertions to
render his crew as efficient as such a crew could be made on
shipboard. He yet feared to meet Perry and his picked crews, but
his provisions fell short, and he was compelled to put out. The
result was a battle, the last thing to have been desired, where
so much depended on the issue. Victory was stoutly contested for
on both sides. At 11 o’clock, on the forenoon of the 10th of
September, the American squadron, consisting of nine vessels, and
the British squadron, consisting of six vessels, formed in lines
of battle. At a quarter before 12, Captain Barclay’s ship, the
Queen Charlotte, opened a tremendous fire upon the
Lawrence, the flag ship of Commodore Perry. The
Lawrence was torn to pieces. She became unmanageable.
Except the Commodore and four or five others, every man on board
was either killed or wounded. Perry abandoned her, and the
colours were hauled down; but he only left one ship to rehoist
his flag in another, as yet untouched. He boarded the
Niagara, of twenty guns, and a breeze springing up behind
his ships, which as yet had not been in action, he obtained the
weather gage of the British, and made it necessary for them to
wear round. It was in the endeavour to execute this
manœuvre that Barclay lost the advantage. His inexperienced
and, therefore, somewhat awkward sailors, became flurried, and
the vessels fell foul of each other. They were for the most part
jammed together, with their bows facing the enemy’s broadside.
Captain Perry saw his advantage and raked the Detroit, the
Queen Charlotte, and Lady Prevost, at pleasure. The
Chippewa and Little Belt had been separated from
the other ships, and were hotly engaged by the Americans. The
British line was, in a word, broken. The carnage was now
dreadful, and the result awfully disastrous to the British.
Barclay fell, severely wounded. Every officer was either killed
or wounded. And two hundred out of three hundred and forty-five
men were in a like condition. For three hours the battle raged,
but at the end of that time the British squadron was capsized,
and Perry, in imitation of Julius Cæsar, sent the message
to Washington:—”We have met the enemy, and they are ours.”
Of the Americans, twenty-seven were killed and ninety-six
wounded.

This was a sore blow and terrible discouragement to Canada.
Supplies of provisions were no longer obtainable by General
Proctor from Kingston, and Michigan was, consequently, untenable.
The speedy evacuation of Detroit, and a retreat towards the head
of Lake Ontario, became inevitable. Commodore Perry could, at any
moment, land a force in General Proctor’s rear, and entirely cut
him off from Kingston and York, and the lower part of Upper
Canada. General Proctor at once retreated, abandoning and
destroying all his fortified posts, beyond the Grand River. He
dismantled first Detroit and then Amherstburgh, setting fire to
the navy yard, barracks, and public stores, of the latter place.
And he had just done so in time. As soon after the destruction of
the British fleet, as circumstances would permit, Commodore Perry
transported the American forces, under General Harrison, from
Portage River and Fort Meigs, to Put-in-Bay, from whence they
were conveyed to Amherstburgh, which they occupied on the 23rd of
December. Proctor retreated through woods and morasses, upon the
Thames, hotly pursued by Harrison. The brave Tecumseh, at the
head of the Indians, endeavored to cover his retreat. But on the
4th of October, the enemy came so close upon the British rear as
to succeed in capturing all their stores and ammunition.
Destitute of the means of subsistence, worn down with fatigue,
and low-spirited by misfortune, Proctor came to the determination
of staking all on the hazard of a die. He resolved upon bringing
the enemy to an engagement, and took up a position near the
Moravian village upon the Thames. Tecumseh and his Indians
assumed a position, well to the British right, in a thicket.
Prescott drew out his right in line on a swamp, and supported it
by a field piece, while his left stretched along, towards the
Thames, supported by another field piece. The ground was not well
chosen. Between Proctor and his enemy there was a dry or rather
elevated piece of ground, covered with lofty trees, without
underbrush. On the following day the enemy came up. Harrison drew
up his army in two lines, the cavalry in front, and ordered the
Kentucky Riflemen, commanded by Colonel Johnson, to charge the
British, which they could not so easily or effectually have done,
had the British been either on the summit of the wooded knoll or
some distance behind the swamp. The Kentuckians slowly advanced
through the wood, receiving two vollies from the British line,
before they were out of it. It was then that they dashed forward
at full speed, broke the British ranks, and wheeled about. Taken,
as it were, suddenly, in the rear, Proctor’s men became confused.
To resist or to retreat was equally impossible. They could only
retreat by forcing the American infantry, in front, and they
could only resist by facing the Kentucky Riflemen in the rear,
who had already ridden through them and had now raised their
rifles to decimate them. The British threw down their arms and
the Indians, with the exception of Tecumseh and a chosen few
fled, yelling, through the woods. Tecumseh fought desperately,
even with the mounted rifles. He sprang upon their leader,
Colonel Johnson, wounded him and pulled him to the earth. But, at
this moment, Johnson’s faithful dragoons spurred to his rescue.
Tecumseh was surrounded and pierced with bullets. Raising his
hands aloft, to the great Father of all, this faithful ally and
courageous savage, gave one last, stern, defiant look, at the
foe, and breathed no more. General Proctor and his personal
staff, with a few men, had previously sought safety by flight to
Ancaster. And this remnant of the right division, including
Proctor and seventeen officers, amounting to only two hundred and
forty-six men, arrived at Ancaster on the 17th of October.

Harrison was greatly superior in numbers, and had cavalry,
which Proctor was entirely without. The Kentucky cavalry were
accustomed to fighting in the forest, and were expressly armed
for it. Proctor did not exhibit ordinary judgment in his
selection of ground. He had hardly time to cut down trees and to
entrench himself, and the probability is that he was not aware of
the enemy’s possession of cavalry, and therefore was less prudent
in his choice of ground than otherwise he would have been.
Harrison, the American commander, had no less than 3,500 men with
him, and as he captured only 25 British officers and 609 rank and
file, all that surrendered, while two hundred and forty-six in
all only escaped, the mishap to Proctor who was personally a
brave officer, as he had repeatedly proved, ought not to have
excited surprise. But the disaster following as it did, and as
should have been expected, the calamity on Lake Erie, the
Governor-in-Chief was highly incensed, and nearly sacrificed
Proctor to public opinion. He abused him and his army in no
measured terms, in general orders. He contrasted the conduct of
the soldiery with that of Tecumseh and his Indians. He charged
the Adjutant-General Reiffenstein with gross prevarication. He
sneered at the captured, few of whom had been rescued by an
honorable death from the ignominy of passing under the American
yoke, and whose wounds pleaded little in mitigation of the
reproach. The officers in retreating from Detroit, Sandwich and
Malden, seemed to have been more anxious about their baggage than
they had afterwards been about their honor. The enemy had
attacked and defeated Proctor and his right division without a
struggle. He could not indeed fully disclose to the British army
the full extent of disgrace which had fallen upon a formerly
deserving portion of the army. Sir George Prevost who had himself
behaved so well at Sackett’s Harbour, and who afterwards acted so
honorably towards Commodore Downie, at Plattsburgh, did not spare
an officer whom he had himself raised to the rank of
Brigadier-General for previous gallantry in the field, and for
distinguished success. Nay, he brought him to a Court Martial.
The Court found that he had not retreated with judgment and had
not judiciously disposed of his force, considering the
extraordinary difficulties of his situation; but it further found
that his personal conduct was neither defective nor reproachable.
He was sentenced to be suspended from rank and pay for six
months. George the Fourth, then Prince Regent, was still more
severe upon the unfortunate Proctor. He confirmed the sentence
and censured the Court for mistaken lenity.

There was this difference between Sir George Prevost and
General Proctor:—Prevost was excessively cautious: Proctor
was incautious to excess.

All Western Canada, with the exception of Michillimackinac,
was now lost to the British. The Americans had not only
recaptured Michigan, but the issue of one battle had given them a
long lost territory, and the garden of Upper Canada. Harrison did
not move against Michillimackinac, being persuaded that it would
fall for want of provisions, but went to Buffalo and from there
went to Niagara and Fort George, abandoned by General Vincent,
who had fallen back, on hearing of Proctor’s discomfiture, on
Burlington Heights. In retreating, Vincent sent his baggage on
before him, followed by the main body of his army, some three or
four thousand sickly men, and kept his picquets in front of Fort
George to deceive the enemy: seven companies of the 100th and the
light company of the 8th regiment, and a few Indians, more men
than Proctor had altogether, constituted the rear guard, and
covered the retreat. The guard was closely pressed by 1,500 of
the enemy, under Generals McClure and Porter, from Fort George,
but the guard managed to keep them in check and enabled Vincent
and Proctor to effect a junction at the heights of Burlington.
The rear guard halted at Stoney Creek, but the enemy refused to
give battle.

The result of these operations, in the northwest, so flattered
the Americans as to induce the government at Washington to
attempt a more effectual invasion of Canada. General Dearborn had
been replaced, on account of ill-health, in the chief command of
the army of the north, by General Wilkinson. The force intended
for the contemplated invasion of Canada amounted to twelve
thousand men. There were eight thousand stationed at Niagara and
four thousand at Plattsburgh, commanded by Hampton, in addition
to which, the forces under Harrison, were expected to arrive in
time to furnish important assistance. It was in pursuance of this
policy that Harrison suddenly left Fort George for Sackett’s
Harbour. General Wilkinson was concentrating his forces at
Grenadier’s Island, which is situated between Sackett’s Harbour
and Kingston, at the foot of Lake Ontario, and the plan was to
descend the St. Lawrence, in batteaux and gun-boats, passing by
the forts and forming a junction with Hampton, to proceed to the
Island of Montreal. The plan was not by any means an injudicious
one, and its failure was almost marvellous. The expeditions were
checked, and indeed annihilated by petty skirmishes, and that
lack of decision, so fatal to military commanders. Hampton
advanced on the 20th of September. At Odelltown he surprised the
British picquet, and from thence he took the road leading to
L’Acadie. He had, therefore, to pass through a swamp, covered
with wood, for upwards of five leagues, before reaching the open
country. Colonel DeSalaberry had done his best with the aid of
his Voltigeurs to make the road a bad one to travel on. In the
preceding campaign he had felled trees and laid them across it,
and he had dug holes here and there, which soon contained the
desired quantity of swampish water and kept the road as moist as
could be wished. It was on the advance of Hampton, guarded by a
few of the Frontier Light Infantry and some Indians, under the
direction of Captain Mailloux. To strengthen Mailloux, Colonel
DeSalaberry with his Voltigeurs and the flank companies of a
battalion of militia, under Major Perrault, took up a position on
both sides of the road among the trees, after the manner of the
Indians. Hampton did not like the general appearance of matters
and turned off the road, moving with his whole force towards the
head of the river Chateauguay. DeSalaberry, with his Voltigeurs,
also moved upon the Chateauguay. He was ordered, by the Commander
of the Forces, to proceed to the enemy’s camp at Four Corners, at
the head of Chateauguay, create an alarm, and, if possible,
surprise and dislodge him. He had only with him one hundred and
fifty Voltigeurs, the light company of the Canadian Fencibles,
and a hundred Indians, in charge of Mr. Gaucher. The Four Corners
were reached unobserved. But an alarm was instantly given to the
camp by the forwardness of an Indian, who discharged his musket
without necessity, and without orders. DeSalaberry could now only
close up his men and push forward. In a few minutes his brave
band were in the midst of the enemy, numbering about four
hundred, whom they drove before them, like sheep. His weakness,
in numbers, for only fifty men and a few Indians had come up,
was, however, soon apparent, and the enemy came to a halt, and
another section of the foe made a movement with the view of
out-flanking the assailants. DeSalaberry wisely fell back upon
the position, from which he had emerged, upon the camp, at the
skirt of the wood, and shortly afterwards the Indians having all
fallen back, he retired altogether. The loss was very trifling,
but the effect was excellent, both upon the enemy and upon the
hitherto untried Voltigeurs. The enemy perceived or supposed that
he perceived great preparations made to dispute his advance, inch
by inch, while the Voltigeurs perceived that men are hardly aware
of how much they are capable of doing until they try. DeSalaberry
returned to Chateauguay, breaking up the road in his rear, and
having ascertained the road by which Hampton was determined to
advance, he judiciously took up a position in a thick wood, on
the left bank of the river Chateauguay, two leagues above its
confluence with English river. Here, he threw up breastworks of
logs, and his front and right flanks were covered by extended
abattis. His left rested on the river. In his rear the river
being fordable, he covered the ford with a strong breastwork,
defended by a guard, and kept a strong picquet of Beauharnois
militia in advance on the right bank of the river, lest, by any
chance, the enemy should mistake the road which DeSalaberry
designed him to take, and crossing the ford, under cover of the
forest, should dislodge him from his excellent position. Fortune
favors the brave, when judicious. Hampton, having detached
Colonel Clarke to devastate Missisquoi Bay, prepared to advance.
He sent General Izzard, with the light troops and a regiment of
the line, to force a militia picquet at the junction of the
rivers Outaite and Chateauguay, and there the main body of the
Americans arrived on the 22nd. Two days later the enemy repaired
DeSalaberry’s road and brought forward his ten pieces of
artillery to within seven miles of DeSalaberry’s position. He had
discovered the ford, and the light brigade, and a strong body of
infantry of the line, under Colonel Purdy, were sent forward on
the evening of the 25th, to fall upon DeSalaberry’s rear, while
the main body were to assail in front. Purdy’s brigade lost
themselves in the woods. But Hampton himself appeared in front,
with his brigadier, Izzard, and about 3,500 men. A picquet of
twenty-five was driven in, but it only fell back upon a second
picquet, when a most resolute stand was made. Colonel DeSalaberry
heard the firing and advanced to the rescue. He had with him,
Ferguson’s company of Fencibles, and Chevalier Duchesnay’s and
Juchereau Duchesnay’s companies of Voltigeurs. He posted the
Fencibles, in extended order, every man being at an arm’s length
from his neighbor, in the night, in front of the abattis, the
right touching the adjoining woods in which some Abenaquis
Indians had distributed themselves. Chevalier Duchesnay’s
company, in skirmishing order, in line extended from the left of
the Fencibles to Chateauguay, and Juchereau Duchesnay’s company,
and thirty-five militia, under Captain Longtain, were ranged, in
close order, along the margin of the river, to prevent a flank
fire from the enemy. The Americans advanced steadily, in
sections, to within musket shot, and DeSalaberry commenced the
action by discharging his rifle. The greatest possible noise was
purposely made by buglers, stationed here and there,—on the
wings, in the centre, and in the rear. It was indeed difficult to
say whether the noise of the bugles or of the firing was the most
terrific. The enemy wheeled into line and began to fire in
vollies, but threw away their bullets, as the battalions were not
fronting the Voltigeurs or Fencibles, but firing needless vollies
into the woods, much to their right where they suspected men to
be. So hot was the fire of the Voltigeurs, however, that the
enemy soon found out his mistake, and brought his vollies to
bear, as well as he could, in the right direction. Now, some of
the skirmishers, under DeSalaberry retreated, and the enemy
cheered and advanced. Again the buglers sounded the advance, and
the sound of martial music echoed through the woods, so that it
seemed as if 200,000 men were being marshalled for the fight. It
was at this crisis that Colonel McDonell arrived with
reinforcements, and the ardour of the enemy was checked. Purdy,
long lost in the woods, was now guided towards the ford by the
firing and the music. He drove in Captain Brugueire’s picquet,
which was on the opposite side of the river, and was pushing for
the ford. DeSalaberry sent Captain Daly with the light company of
the 3rd battalion of the embodied militia to cross the river and
take up the ground abandoned by the picquet. He did so gallantly,
driving back the American advanced guard, but was afterwards
compelled to retreat. The enemy, as Daly retreated, appeared on
the verge of the river. DeSalaberry gave the word to Juchereau
Duchesnay to up and at them, and his men, rising from their place
of concealment, poured in a fire upon Purdy’s Americans, which
was as unexpected as it was effectual. The Americans reeled back
and then turned and ran. Hampton seeing Purdy’s discomfiture,
slowly withdrew, leaving Colonel DeSalaberry, with less than
three hundred Canadians, in possession of his position, and with
all the honors of victory. The loss was not great on either side.
Of the Americans, forty were found dead. The Canadians lost five
killed and twenty wounded. For this nicely managed skirmish
DeSalaberry was justly loaded with honors, his officers and men
were publicly thanked, and five pairs of colours were presented
to the five battalions of Canadian embodied militia, by the
Prince Regent.

Hampton retired upon Four Corners, and afterwards retreated to
Plattsburgh, instead of co-operating with Wilkinson, as
intended.

Simultaneously with Hampton’s advance upon Chateauguay, or
nearly so, Wilkinson proceeded down the St. Lawrence, with a
flotilla of upwards of three hundred boats, protected by a
division of gun-boats, until he was within three miles of
Prescott, when he landed his troops, and marched down with them,
by land, to a cove two miles below Fort Prescott, so as to avoid
the British batteries. The boats having past during the night,
without suffering any material injury from the cannonading of the
fort.

So soon as the American movement was ascertained at Kingston,
General DeRottenburg sent the 49th regiment, commanded by
Lieutenant-Colonel Prenderleath, the 89th regiment and some
Voltigeurs after them. At Prescott, they were reinforced by a
party of Canadian Fencibles, and the whole amounting to about
eight hundred rank and file, was commanded by Colonel Morrison,
of the 49th regiment, aided by the Deputy Adjutant General.
Colonel Harvey, Under the escort of a small division of
gun-boats, commanded by Captain Mulcaster, R.N. This corps of
observation continued in pursuit of the enemy, and on the 8th of
November, came up with them at Point Iroquois. Twelve hundred of
the enemy, under Colonel Macomb, had landed on the previous day
on the British side of the river to drive off the Canadian
militia, who were collecting together in considerable numbers, at
the head of the Long Sault. On the 18th, General Browne’s
brigade, with a body of dragoons, also landed on the British
shore; and the remainder of Wilkinson’s troops were landed at the
head of the Sault, under the command of Brigadier-General
Boyd.

Colonel Morrison, of the 8th British regiment, had landed at
Hamilton, on the American side, on the 10th, took possession of a
quantity of provisions and stores for the American army, and also
of two field pieces. Nor was Colonel Harvey idle. He kept close
upon the heels of the enemy. Seeing them one evening emerging
from a wood, he tried the effect of round shot upon them. They
did not at all relish it, and went back again. On the same
evening, the opposing gun-boats came into collision and some
rounds were fired without any important result. Next day Colonel
Morrison pressed the American General Boyd, so closely that he
was compelled to stand and give battle. Boyd’s brigade consisted
of between three and four thousand men, and a regiment of
cavalry, Morrison’s entire force only numbered eight hundred rank
and file. At two in the afternoon, the Americans moving from
Chrystler’s Point, attacked the British advance. The British
retired slowly and orderly upon the position which had been
marked out for them. The flank companies of the 49th, the
detachment of the Canadian with one field piece, somewhat in
advance on the road, were on the right; the companies of the
89th, under Captain Barnes, with a gun formed in echelon, with
the advance on its left supporting it; the 49th and the 89th
thrown more to the rear, with a gun, formed the main body and
reserve, extending to the woods, on the left, which were occupied
by Voltigeurs and Indians. In half an hour the battle became
general. The artillery behaved nobly. They kept up a most steady
and destructive fire, and when the American cavalry attempted to
charge, they were literally mowed down and were compelled to
wheel about. The infantry charged the enemy’s guns and captured
one at the point of the bayonet. The Americans had not,
apparently, room to act. They were too much cooped up. They
attempted to turn the British flank, but the Voltigeurs and
Indians, secure behind the trees, poured forth a deadly fire and
drove them back. The enemy then concentrated his forces with the
view of pushing forward in close column, but the royal artillery,
concentrating their fire upon the solid mass, the Americans
retreated, leaving the British to pass the night without
molestation, on Chrystler’s Farm. Indeed, the American infantry,
after leaving the field, re-embarked in great haste, while the
dragoons trotted after General Browne, who was on his way to
Cornwall, entirely unconscious of disaster. At the battle of
Chrystler’s Farm, the enemy lost in killed, Brigadier-General
Carrington, who fell at the head of his men, and three other
officers, and ninety-nine men, and they had one hundred and
twenty-one men wounded.

On the side of the British, Captain Nairne, of the 49th
regiment, Lieutenants Lorimier and Armstrong, and twenty-one men
were killed, and eight officers and one hundred and thirty-seven
men were wounded, while twelve men were missing.

General Wilkinson proceeded down the Sault and joined Browne,
near Cornwall. Hampton was confidently expected. The
commander-in-chief had positively instructed his general of
division to form a junction with the army from Sackett’s Harbour
at Cornwall, and he had not come. Wilkinson, sick in body, and
not a little mortified by the late defeat, did not know very well
what to do. To retreat by the way he came was not quite so easy
as to advance. The rapids presented innumerable difficulties in
the way of ascent, with an enemy lining the banks of the river.
And that which was more annoying forced itself strongly upon his
mind—the Canadians were both loyal and brave. His agony was
most excruciating when he received a letter from Hampton to the
effect that the Plattsburgh-Grand-Junction-Invading-Army was
marching as expeditiously as circumstances would allow out of
Canada; that, in a word it had been defeated and was in full
retreat upon Champlain. An anathema was about to be coupled by
the worthy and much irritated commander-in-chief with the name of
Hampton, when Wilkinson recollected that he too had been checked
in the most extraordinary way, in the very outset of a scheme so
well calculated to subdue a country, only occupied by three
thousand soldiers, scattered over a frontier of upwards of a
thousand miles, and numbers of militia, formidable enough in the
woods, but no match for a well disciplined, well provided, and
numerous army, in the open field. The British regulars, elated
with their late success, were in his rear. A kind of highland
glen was not far in advance. He was fairly puzzled, and
altogether wanting in that energy and decision so necessary for
success in war. He called a council of his officers and
communicated to them his fears. It was unanimously resolved that,
for the present season, the attack on Montreal should be
abandoned and that the army should cross the river to the
American side and go into winter quarters. And accordingly the
attack was abandoned. The Americans embarked again, and were
taken to Salmon River. The boats and batteaux were immediately
scuttled; the troops were made comfortable in long log huts or
barracks, with astonishing celerity, and the camp, at French
Mills, was as speedily as possible entrenched. Thus ended a
campaign for which the Americans had made extraordinary
preparations, and of the success of which high expectations had
consequently been formed. The failures of Hampton and Wilkinson
were indeed so disgraceful and so humiliating to the Americans
that they were only compensated for, in kind, by the no less
stupid, disgraceful, and humiliating failures of the British at
Plattsburgh and New Orleans, with which the American war was, for
both Americans and British, unfortunately concluded. All chance
of invasion, on a grand scale, being now completely gone, the
Canadian militia were disbanded for the winter.

In December, Lieutenant-General Drummond assumed the command
of Upper Canada. He at once proceeded to the head of Ontario,
with the view of regaining possession of Fort George. He ordered
Colonel Murray to advance, which the gallant colonel did, and the
American General, McClure, prepared to evacuate the fort. McClure
set the village of Newark, the ancient capital of Upper Canada,
on fire, agreeably to his instructions from the American
Secretary at War, with the view of depriving the British army of
comfortable winter quarters. He was indeed ordered to lay waste
the country as he retreated, if retreat became necessary. It was
on the 10th of December, a bleak, cold winter day, that McClure
fulfilled his instructions. One hundred and fifty houses,
composing the flourishing village of Newark, were reduced to
ashes, and four hundred women and children were left to wander in
the snow or seek the temporary shelter of some Indian wigwam in
the woods. On the 12th of December, the British troops occupied
Fort George, there being only five hundred men in all, militia
and Indians, and not long afterwards the gratification of revenge
presented itself to the British and vengeance was taken
accordingly. General Drummond followed up the occupancy of Fort
George by an attack upon the American fort at Niagara. On the
night of the 18th of December, a detachment of the royal
artillery, the grenadier company of the 1st Royals, and the flank
companies of the 41st and 100th regiments, under Colonel Murray,
crossed the river Niagara, and were very quietly put on shore at
the Five Mile Meadows, the name of the landing place indicating
the distance from the fort. All was still. Every order was
conveyed in a whisper. Neither musket clattered nor sabre
clinked. The 100th regiment went off in two divisions, one under
Captain Fawcett,[22] and the other, under
Lieutenant Dawson, stealthily. They seemed to be creeping past
the trees, with the softness of a tiger’s tread. The wormlike
thread of men wound round picquet after picquet, and throttled
the sentries on the glacis, and at the gate. The hearts of the
sentries sank within them. They had hardly breath enough left, so
terror-stricken were they, to reveal the watch-word, or nerve
enough to point out the entrance to the fort. But the watch-word
was obtained; the entrance was pointed out; and the 100th
regiment were inside of Fort Niagara before a single drum had
rolled or a bugle sounded. By the time indeed that the garrison
were alarmed the whole British force were in the fort, and, after
a show of resistance, the Americans surrendered. Only one officer
and five men on the part of the British were killed and two
officers and three men were wounded in this adroitly managed
assault. The enemy lost in killed two officers and sixty-five
men, and twelve rank and file were wounded. Three hundred men
were made prisoners. In this affair the colonel of the 100th
regiment, Hamilton, behaved with distinguished gallantry.

The rule of General Drummond in Upper Canada had auspiciously
commenced. This affair was not only brilliant but well managed.
The fort was a prize of no ordinary worth. It contained an
immense quantity of commissariat stores, three thousand stand of
arms, a number of rifles and several pieces of dismounted
ordnance. On the works were twenty-seven heavy guns.

The greatest possible precautions were adopted to secure
success. Major-General Riall followed Colonel Murray, with the
whole body of Western Indians, stout, athletic, brave men, inured
to fighting, the 1st battalion of the Royals, and the 41st
regiment to support him, in case of need. Success had been
achieved without the general’s aid; but instead of resting
satisfied with that which had been already accomplished, Riall
wisely pushed on before the news of the capture of the fort could
be spread about, on Lewiston, where the enemy, in some force, had
erected batteries, with the view of destroying Queenston. Seeing
Riall coming up in their rear, the enemy were compelled to
retreat, and they abandoned their position with such
precipitation, that two field pieces, with some small arms and
stores fell into the hands of the British. It was now that the
burning of Newark was to be revenged. The Indians and the troops
were let loose upon the enemy’s frontiers and Lewiston,
Manchester, and the country around were laid in ruins. Determined
to follow up his success, Drummond proceeded to Chippewa. He
fixed his head-quarters there on the 28th of December, and on the
morning after was within two miles of Fort Erie. Without loss of
time, he reconnoitred, and finding the enemy’s position at Black
Rock assailable, he determined upon a second nocturnal attack.
General Riall accordingly crossed the river, with four companies
of the King’s regiment and the light company of the 89th, under
Colonel Ogilvy, and two hundred and fifty men of the 41st
regiment, and the grenadiers of the 100th regiment, under Major
Frend, together with about fifty militia volunteers and a body of
Indians. The landing was effected about midnight. As before the
advanced guard proceeded cautiously but were not quite so
successful as before in preventing alarm. They surprised a
picquet and captured not the whole, but the greater part of it.
They did still more. The bridge over the Conguichity Creek was
secured in spite of the repeated efforts of the enemy to dislodge
the assailants. But all did not yet go well with the British. The
boats required to bring over a second division had necessarily to
be tracked up the river as high as the foot of the rapids below
Fort Erie. Unfortunately they took the ground and could not be
got off for a long time. Indeed, morning had dawned before the
royals, intended to turn the enemy’s position by attacking above
Black Rock, while Riall’s division attacked below, suffered so
severely from the fire of the enemy that a landing was not
effected in sufficient time for the full accomplishment of
General Drummond’s purpose. Riall, nevertheless, moved forward
and attacked the Americans. They were strongly posted and in
considerable force, but Riall drove them out of their batteries
at the point of the bayonet, turning the enemy’s one twenty-four,
three twelves, and a nine pounder upon the now retreating foe.
Riall, following up his successes, pursued the fleeing enemy into
Buffalo. There they rallied, but it was only for a moment. They
drew out a large body of fresh infantry, exhibited some cavalry,
and fired a few rounds from a field piece, unlimbered on a height
commanding the road. The British still pushed on and the enemy
again gave way. They retreated notwithstanding their
reinforcement so hurriedly that the six pounder brass gun on the
height, an iron eighteen, and an iron six pounder were left
behind. At last they reached the woods and Riall considered that
for one day he had done enough, on land. But not yet fully
satisfied, he detached Captain Robinson with two companies of the
King’s regiment to destroy three armed vessels, part of Perry’s
squadron, and their stores, if it were possible to do so. These
vessels were at anchor a short distance below Buffalo, and
Captain Robinson did as he was ordered to the letter.

From the time of the landing at Black Rock until the full
accomplishment of the object of the expedition, with one, not
unimportant, exception, the Americans lost from three to four
hundred men in killed and wounded, and one hundred and thirty men
taken prisoners, while the British loss was thirty-one men
killed, and four officers, sixty-eight men wounded, and nine men
missing.

The exception to the full accomplishment of the object of the
expedition, that is to say, the burning of private property, was
an exception to the general rule of the British army. But as
evil, in some cases, must be done that good may follow, the rule,
now laid down by General Drummond, was to pillage, burn, and lay
waste, in retaliation for Newark. In accordance with this new
rule, therefore, General Riall set about doing the only thing
which he had left unaccomplished; the destruction of private
property. Buffalo and Black Rock, previously deserted by their
inhabitants, were set on fire and entirely consumed. Clothing,
spirits, flour, public stores, and, indeed, everything which
could not be conveniently carried off, fell a prey to the
flames.

Thus was the campaign of 1813 terminated.

It might not unnaturally be supposed that during all this
fighting, business would have been nearly at a stand. But so far
from such being the case, the war had contributed in no small
degree to bring Canada and its capabilities into notice. And it
could not be otherwise. So large an expenditure as that required
for the maintenance of the regular soldiery and militia must have
made money plentiful, and such as were engaged in trade, whether
in Quebec or Montreal, undoubtedly profitted by an expenditure
almost necessarily profligate. On account of the militia alone,
the province expended £121,366, and the expenditure of the
commissariat department must have been enormous. But the grand
source of wealth was the establishment of a kind of National
Bank, with specie, to redeem its paper, in the vaults of the Bank
of England. The circulation of fifteen hundred thousand pounds
worth of army bills, all redeemable in cash, with interest, could
not have failed to enrich a country in which there were not more
than 350,000 inhabitants, the greater number of whom were
actually in the pay of Great Britain, while they had the
privilege of attending, unless in extraordinary cases, to their
private pursuits. That Canada prospered during the war is
undeniable. There was a considerable falling off in the number of
vessels cleared at Quebec in 1813, in comparison with the
previous year, and which was in some degree attributable to the
risk attendant upon crossing the Atlantic, while the great
frigates of the United States were permitted to prowl about, but
the provincial revenue had, nevertheless, increased in the course
of one year to the amount of £30,006, while the provincial
expenditure alone was nearly £200,000. Indeed, Montreal,
the temporary head-quarters of the commander-in-chief, and
literally alive with troops, who all ate and drank heartily, was
making rapid progress in the way of commercial advancement. Mr.
Molson gave some indication of the general prosperity by placing
upon the St. Lawrence a second steamer. On the 4th of May, 1813,
the arrival of the Swiftsure is noticed by the Quebec
newspapers. The Swiftsure had twenty-eight passengers,
besides a serjeant with six privates of the royals, having three
Americans, prisoners of war, four deserters from the 100th
regiment, and one deserter from the American army, in charge, on
board, and had been twenty-two hours and a half in running down.
She had a good engine with a safety valve for blowing off surplus
steam. The ladies’ cabin had eight reposing berths. The
gentlemen’s cabin was thirty feet in length by twenty-three in
breadth, and contained ten berths on each side, and two “forming
an angle with the larboard side.” The cabin was capable of
lodging forty-four persons, and the steerage could accommodate
about 150. The Swiftsure was in length of keel 130 feet,
her length upon deck was 140 feet, and her breadth of beam was 24
feet.

Lower Canada was then a wheat growing and even wheat exporting
country. So early as 1802, Lower Canada exported 1,010,033
bushels of wheat, besides 28,301 barrels of flour, and 22,051
cwt. of biscuit. In 1810, the value of the exports from the St.
Lawrence was £1,200,000 sterling. And the farmer of Lower
Canada profitted in 1814 by the presence of the floating army
population almost to as great an extent as the merchant. Both
animal and vegetable foods were largely in demand.

Sir George Prevost, as soon as the temporary cessation of
active hostilities, in his immediate neighbourhood, would permit,
called a meeting of the Parliament of Lower Canada, for the
despatch of business. Two sessions of parliament had been held in
Upper Canada, since the commencement of the war, one was opened
by Major General Brock, on the 3rd of February, 1812, when eleven
Acts were passed, and the other by Major General Roger Hale
Sheaffe, during which other eleven Acts became law. They show the
temper of the times. An Act was passed in General Brock’s
ruleship, granting a bounty for the apprehension of deserters
from the regular forces; another granted £2,000 for the
repair of roads and bridges; a third amended the militia law; a
fourth regulated the meeting of sleds on the public roads; a
fifth allowed £502 for clerks and the contingent expenses
of parliament; a sixth granted £5,000 for the purpose of
training the militia; a seventh extended an Act granting a
certain sum of money to His Majesty; an eighth granted
£1,000 for the purchase, sale, and exportation of hemp, and
£423 for the purchase of hemp seed and payment of bounties;
a ninth afforded relief to certain persons entitled to claim
lands; a tenth amended an Act for the laying out of highways; and
an eleventh provided for the appointment of returning officers.
While General Sheaffe was President of Upper Canada, an Act was
passed to facilitate the circulation of the Lower Province Army
Bills. They were to be received in payment of duties and at the
office of the Receiver General. A second Act was passed to
empower Justices of the Peace to fine and, in the event of
non-payment, to distress the properties of persons offending
against the militia laws; a third Act prohibited the exportation
of grain and other provisions and restrained the distillation of
spirituous liquors from grain; a fourth gave a pension of
£20 a year to such persons disabled in the war, as had wife
or child, to be continued to the widow or the fatherless, in the
event of the death of such disabled persons, and disabled
bachelors were to obtain, so long as they were unable to earn a
livelihood, £12 a year; a fifth prevented the sale of
spirituous liquors to the Indians; a sixth continued the Act to
provide means for the defence of the province; a seventh repealed
the Hemp Encouragement Acts; an eighth continued the Duties
Agreement Act; a ninth amended an Act for the better regulation
of town and parish officers; a tenth amended and repealed in part
the Act for quartering and billetting the soldiery; and the
eleventh granted for the clerks of parliament £88 1s. 9d.
The debates of course were neither animated nor of particular
interest.

In 1814, the parliament of Lower Canada was opened by the
Governor General, on the 13th of January. Sir George could meet
the legislature with heartfelt satisfaction and pride. The
Canadians had acted nobly, both in the field and out of it, while
they entertained for himself, personally, a feeling of respect,
which he had done his utmost to win, and which it was his aim to
preserve. In the speech from the throne, he congratulated
parliament, particularly on the defeat of the enemy at
Chateauguay. He alluded triumphantly to the brilliant victory
over Wilkinson at Chrystler’s Farm. He rejoiced that,
notwithstanding the various events of the past summer, by which
the enemy had gained a footing in the Upper province, the theatre
of war had recently been transferred to American soil, and that
Niagara, Black Rock, and Buffalo had been wrested from the enemy
by British enterprise and valour. He was proud beyond expression,
at the determination manifested by the Canadians to defend to the
last extremity one of the most valuable portions of His Majesty’s
dominions. He trusted to Canadian loyalty and patriotism in the
expectation that the sacrifices which the war might yet require
would be patiently submitted to. And he would faithfully
represent to His Royal Highness, the Prince Regent, the loyalty,
zeal, and unanimity of His Canadian subjects. The Houses trembled
with emotion. A thrill of intense satisfaction ran through every
vein. Sir George had touched that chord in the human heart, which
was never touched in vain. He had spoken of patriotism; he had
acknowledged that the brave were brave indeed; and he had
admitted that those who had been represented as treasonable were
loyal to the core. The House of Assembly expressed their sincere
acknowledgements. They felt themselves to have been rescued from
most unfounded imputations that had been industriously attempted
to be fixed upon them. They were grateful to His Excellency for
the good opinion he had formed of them. They would cheerfully
co-operate with His Excellency in maintaining the honor and
promoting the service of their gracious sovereign. And they
further gratefully acknowledged that His Excellency, in his
anxious desire to forward the prosperity and to preserve the
integrity of the province, had been guided by a just and liberal
policy towards His Majesty’s Canadian subjects, by which their
loyalty, zeal, and unanimity had been cherished and promoted, and
they were so impressed with the sense of it that, when His
Excellency should withdraw, which they hoped would never be, from
the administration of the government of Lower Canada, he would
carry with him the good opinion and affection of the people over
whom he had ruled so conscientiously, so honorably, and so
justly. Sir George Prevost could not be otherwise than well
satisfied with the address in reply to his speech. Kindness and
conciliation had not been thrown away, but had been met with
respect and affectionate regard.

The House proceeded almost immediately to business, and had
not been long so employed, when His Excellency sent a secret
message, asking for an increased issue of army bills, to meet the
public requirements. The House at once authorised an issue to the
extent of fifteen hundred thousand pounds. Afterwards the
Assembly adopted a bill to amend the militia laws, which the
Legislative Council refused to concur in; then a bill was passed
to disqualify the judges for sitting or voting in the Legislative
Council, which the Council also refused to concur in, on the plea
that the bill was an interference with the Prerogative of the
Crown, and with their privileges; next a bill was passed in the
Assembly and negatived by the Council, to grant His Majesty a
duty on the income arising from civil offices, and on pensions,
to be applied for the defence of the province, in the war with
the United States; again the Assembly adopted a bill for the
appointment of a provincial agent in Great Britain, which the
Council also set aside. Surprising as so obvious an antagonism
between the Legislative Council and Legislative Assembly may
seem, it is easily accounted for. The Council were, many of them,
placemen, and indeed the immaculate and confidential secretary to
Sir James Craig, Mr. Witsius Ryland, also Clerk of the Executive
Council, had himself a seat in the Upper House, although Mr.
Robert Peel, differing in opinion with Sir James Craig, did not
think that the situation which Mr. Ryland held was quite
compatible with a seat in the Legislative Council. Mr. Ryland has
favored the present generation, through the instrumentality of a
near relative, with a brief review of the political state of the
province of Lower Canada, from which some interesting facts can
be gathered. He states that the Assembly knew that their bill for
disqualifying the Chief Justice and Justices of the Court of
King’s Bench from being summoned to the Legislative Council,
would be thrown out in the Upper House, but that the introduction
of such a bill in the Assembly served the purpose which the party
who introduced it had in view: it impressed the mass of the
people with a disrespectful idea of the judges, preparatory to a
grand attack upon the whole judicature of the province. In the
bill for appointing an agent to Great Britain, Mr. Bedard, the
person who had been under confinement on a charge of
treasonable practices, had been named as such agent, and a salary
of £2,000 per annum assigned him. Mr. Ryland knew that the
Council would throw out the bill. But, says that gentleman, the
Council were thwarted, as Sir George Prevost acceded to a request
of the Assembly for the appointment of two such agents, whom he
accredited to His Royal Highness, the Prince Regent, and the
Legislative Council passed several resolves expressive of their
astonishment. The Council humbly considered His Excellency’s
acquiescence with the wishes of the Assembly to be an unequivocal
abandonment of the “Rights” of the Legislative Council, and a
fatal dereliction of the first principles of the constitution.
And with regard to the income tax, proposed by the Assembly, Mr.
Ryland states that the whole saving that would have been effected
by it, would only have been £2,500 a year, and that the
officers of the government who had the utmost difficulty in
subsisting on their salaries, would have been, by such a measure,
reduced to extreme distress! Now, it is a noticeable fact, in
connection with this matter, that the Provincial Secretary, at
the period alluded to, was an official in the Colonial Office,
and had never seen Canada, although he afterwards received from
the province a pension of £400 a year, in consideration of
his long and valuable services; and it is in a high degree
amusing to find Mr. Ryland informing this functionary “decidedly”
and “frankly”, that he had acted wisely in not asking for an
increase of salary, although it was a different thing to solicit
additional assistance in an office where the public business was
constantly increasing! Mr. Ryland and a few other such cormorants
could not tolerate the impertinent interference of the House of
Assembly with their means of subsistence. Nay, it will even
appear that Mr. Ryland took it upon himself to privately lecture
Sir George Prevost’s successor upon the impropriety of following
a certain course of action, and that he actually succeeded in
dissuading the Governor from his original purpose.

The Assembly, thwarted as it had been by the Council, still
pursued its reformatory course. Much time, indeed, did not elapse
until Mr. Stuart again brought forward his motion to take into
consideration the power and authority exercised by the Provincial
Courts of Justice, under the denomination of Rules of Practice.
His motion was almost unanimously carried. And who this Mr.
Stuart was, Mr. Ryland tells. About 1813, says the Clerk of the
Executive Council, “Mr. Bedard, the judge, came to Quebec, for
the purpose of advising the measures to be pursued, but not
having a seat in the Assembly, the principal management was left
to an Anglo-American Barrister, named Stuart, who had been a
pupil of the present Chief Justice, (Sewell) when he held the
situation of Attorney-General. This gentleman obtained from
Lieutenant-Governor Milnes the appointment of Solicitor-General,
from which he was dismissed by Sir James Craig, in consequence of
his pursuing a line of conduct, which the latter considered
utterly inconsistent with his duty as a servant of the Crown.”
What the particular line of conduct pursued by Mr. Stuart was,
that so much offended Sir James Craig, even time and Mr. Ryland
have not yet revealed. Perhaps “the Anglo-American Barrister” did
not bow sufficiently low to confidential Secretaries and
Executive Clerks. He would have found such obsequiousness
difficult. Mr. Stuart was both vigorous in mind and body, and was
very far from being a common man. He stood more than six feet
high, and was built in proportion. His shoulders were broad, his
chest ample, and his arms long. His head was immoderately large.
His countenance was commanding and his bearing dignified. He
spoke with great fluency and with astonishing conciseness. His
eye was large, his forehead prominent, lofty and broad, with
great depth between the brow and the occiput, his nose was long
and aquiline, with the nostrils open; his mouth was large, but
the lips were thin; and the chin was square and somewhat
prominent; viewed, in profile, the whole head was wall-sided. He
was no man to be trifled with, and none other than a fool would
at any time, have thought of doing so. The Chief Justice Sewell,
also an Anglo-American, was also an exceedingly talented man, but
still a man quite of another stamp of mind, to that of Mr.
Stuart. Mr. Sewell was thoroughly polished. No man could so well
bow to power or so well bend an inferior to his will as Mr. Chief
Justice Sewell. To see him in the street was to see him in the
least, the lowest, and, consequently, the worst point of view. He
was knowing, well read, and well bred. He could become sarcastic,
but never condescended to be furious. If he was at all
sycophantic, it was his will rather than his nature to be so. On
the bench, he loomed large, being long in body, and looked
stately and agreeable. He could be stern, but sternness was less
natural to him than concealment. He never told all he knew, nor
did his face ever betray the innermost recesses of his heart. On
the whole, Mr. Sewell was a good man, and he was an excellent
Chief Justice. Such are the characters of the complainant and the
defendant in this cause. Mr. Stuart carried great weight, when on
the right side, in a House of Assembly, steadily bent upon fair
legislation. Not only did he carry his motion about taking into
consideration the power and authority exercised by the Courts of
Justice, through the medium of Rules of Practice, at variance
with the law and the liberty of the subject, but the House
ordered the Clerk of the Court of Appeals, and the Prothonotaries
of the Courts to produce the Rules of Practice, or certified
copies of them, for the immediate use of members. The House went
into committee and talked the matter over, then rose, and
reported progress. The Rules of Practice had not been very long
in use. They were made for the Court of Appeals so recently as
1809, and the example was so excellent that the Court of King’s
Bench followed it. The Legislative Assembly not only considered
the rules an infringement upon their privilege of law-making but
an infringement upon the civil rights of His Majesty’s subjects
and subversive of the laws of the province, rendering the
enjoyment of liberty and property altogether insecure and
precarious, and giving to the judges an arbitrary authority. And
the Assembly without further ceremony proceeded to impeach the
Chief Justices of Quebec and Montreal, at the instance of Mr.
Stuart, the Anglo-American Barrister. It was said that Jonathan
Sewell, Chief Justice, had traitorously and wickedly endeavored
to subvert the constitution by the introduction of an arbitrary,
tyrannical government against law; that the said Jonathan Sewell
had disregarded the authority of Parliament, and usurped its
powers by making regulations subversive of the constitution and
the laws; that Jonathan Sewell had libellously published such
Rules of Practice; that Jonathan Sewell had substituted his own
will for the will of the legislature; that Jonathan Sewell being
Chief Justice, Speaker of the Legislative Council, and Chairman
of the Executive Council, had maliciously slandered the Canadian
subjects of the King and the House of Assembly, and had poisoned
and incensed the mind of Sir James H. Craig, the
Governor-in-Chief, and had so misled and deceived him that he did
on the 15th of May, 1809, dissolve the parliament, without any
cause whatever to palliate or excuse the measure, the said
Governor-in-Chief having been at the same time advised to make a
speech in gross violation of the rights of the Assembly, grossly
insulting to its members, and misrepresenting their conduct; that
to prevent opposition to his tyrannical views the said Jonathan
Sewell had counselled and advised Sir James Henry Craig to remove
and dismiss divers loyal and deserving subjects, from offices of
profit and emolument—now the head and front of Mr. Sewell’s
offending has come nebulously to light—without the
semblance of reason to justify it; that to mark his contempt for
the representatives of the people and for the constitution, he
had procured the dismissal of Jean Antoine Panet, Esquire, who
then was, and for fifteen years preceding had been Speaker of the
Assembly, from his rank of Lieutenant-Colonel in the militia,
without any reason to palliate or excuse the injustice; that he
had induced P. E. Desbarats, the law printer, to establish a
newspaper styled the “Vrai Canadien,” for the purpose of
vilifying such members of the Assembly as were obnoxious to him;
that with the view of extinguishing the liberty of the press, and
destroying, therefore, effectually, the rights, liberty, and
security of His Majesty’s subjects in the province, and
suppressing all complaint of oppression, he had, in March, 1810,
advised and approved the sending of an armed force to break open
the dwelling house and printing office of one Charles
Lefrançois, there to arrest and imprison him, and seize
and bring away a printing press, with various private papers,
which measure of lawless violence was accordingly executed, the
said press and papers being then in the Court House of Quebec,
with the knowledge and approbation of the said Jonathan Sewell;
that Jonathan Sewell had advised the arrest of Messrs. Bedard,
Blanchet and Taschereau, upon an unfounded pretext; that Jonathan
Sewell had instigated the oppression of the old and infirm
François Corbeil, by which the old man lost his life; that
Jonathan Sewell had instigated Sir James Henry Craig to issue a
proclamation causing the public to believe that Mr. Bedard had
been guilty of treason, and that the province was in a state
approaching to open rebellion; that Jonathan Sewell had read the
wicked proclamation in the Court House, to influence the Grand
and Petty Juries; that Jonathan Sewell had abused his powers
simply with the view of paving the way for American predominance
in Canada; that with the view of annexing Canada to the United
States he had entered into a base and wicked conspiracy with one
John Henry, an adventurer of suspicious character, for the
purpose of sowing dissension among the subjects of the government
of the United States, and producing a dismemberment of the Union;
and had given artful advice to Sir James Craig, inducing him to
send Henry, the adventurer, on a secret mission, which had
exposed His Majesty’s government to imputations reflecting on its
honor, and that he had labored to promote disunion between the
legislative Council and Legislative Assembly, and had fomented
dissensions in the province to prevent a reliance on the loyalty
and bravery of His Majesty’s Canadian subjects. Mr. Chief Justice
Monk was impeached as an accessory.

With the view of effectually prosecuting the impeachment, the
House appointed Mr. Stuart its agent, and directed him to proceed
to England, to press upon His Majesty’s ministers the necessity
of giving heed to the business. £2,000 were awarded for the
payment of the expenses of Mr. Stuart, but the Council expunged
the award from the revenue bill, and there was no more about it,
until the House went to the Castle with their Speaker, who
presented an address to the Governor General, requesting him to
transmit the impeachments, and suggested the propriety of the
Chief Justices being suspended from the exercise of their powers
until the pleasure of the Prince Regent could be ascertained. Sir
George Prevost was somewhat taken by surprise. He was in an
exceedingly delicate or rather interesting situation. It was an
unpleasant, if not a disagreeable part, which he was required to
play. It was, in a word, to make complaint to the Prince Regent
of his predecessor. Sir George, however, blandly said that he
would take an early opportunity of transmitting the address, with
the articles of accusation against the Chief Justices, to His
Majesty. With regard to the suggestion of the Honorable House of
Assembly, concerning the suspension of the Chief Justices, he did
not consider it necessary to go to that extreme. The Legislative
Council had not even been consulted with regard to the articles
of accusation; and he could not think of suspending two officers
of such rank, on the complaint of only the third branch of the
legislature.

In the Assembly, when the Speaker had returned to the chair,
there were murmurs, both loud and deep. Mr. James Stuart,
seconded by Louis Joseph Papineau, both determined men, and of
consummate ability, moved that the charges exhibited by the
Assembly against Jonathan Sewell and James Monk, Esquires, were
rightly denominated, Heads of Impeachment; that the House had the
right to advise the Governor General without the concurrence of
the Legislative Council; that the House in pointing out the
existence of gross abuses, had performed the first and most
essential of its duties; that in framing and exhibiting the heads
of impeachment referred to in the address to His Excellency, the
House had exercised a salutary power, vested in it by the
constitution; and that His Excellency, the Governor-in-Chief, had
violated the constitutional rights and privileges of the House,
by his answer to the address. But afterwards, to show that a
feeling of respect was yet felt for His Excellency, greater than
any of his predecessors had ever experienced, the House resolved,
notwithstanding the wicked and perverse advice which he had
received, that His Majesty’s faithful Commons of Canada had not,
in any respect, altered the opinion they had ever entertained of
the wisdom of His Excellency’s administration, and they were
determined to adopt the measures deemed necessary for the support
of the government and the defence of the province.

The Governor-in-Chief was, however, not by any means pleased
with the pertinacity of the Assembly. There were evidently men in
the House, who would neither be forced nor persuaded out of
certain measures. He hardly knew how to act in the emergency, and
with his usual caution he did nothing. The Chief Justice Sewell
went to England for the purpose of repelling the accusations
against him, and as he was only the instrument of, not under any
circumstance the author of a wrong, English public opinion, of
course, went strongly with him. The Executive Councillors, the
merchants, and the other principal inhabitants of Quebec
presented addresses to His Honor, intimating the high opinion in
which he was held, and alluding to his conspicuous ability,
comprehensive knowledge, patient candour, liberal respect for the
opinion of others, and his equality and gentleness of temper,
pointedly and flatteringly. Mr. Chief Justice Monk was similarly
treated by the influential inhabitants. The Assembly continued,
notwithstanding the war exigencies of the times, in their
factiousness, as their persistence in some measures was
considered. They again passed a bill appointing a provincial
agent to Great Britain, who was to reside in London, after the
manner of an ambassador. Mr. Bedard, the Judge of Three Rivers,
who had figured somewhat conspicuously in Sir James Craig’s time,
was named as the agent in the bill. It was sent up to the
Legislative Council for concurrence. And it had not been long
there when it occurred to the House of Assembly that two agents
would be better than one, as the Council, desirous of sending one
of their own members to England, would thereby be induced to
concur in the expediency of despatching agents to London. But the
Council begged that the Assembly would mind its own business and
not interfere with any bill before the Upper House, unless a
conference was officially asked for by the Legislative Council,
when any suggestion from the Assembly would be attended to. The
Upper House never encroached upon the privileges of the Lower
House. The agent was not appointed. The Houses could not agree
upon a messenger, and although the Governor promised to send two
messengers to London, at the public expense, if the Assembly
desired it, no one is to this hour very certain whether the
address of the Legislative Assembly, to the Prince Regent, ever
reached his royal fingers. These were the principal matters with
which the time of the House was occupied, but the opportunity was
not overlooked of voting the thanks of the House to Colonel
DeSalaberry and his officers and men under him, for their
distinguished conduct at Chateauguay, and to Colonel Morrison, of
the 89th regiment, and to the officers and men under him, for
their exertions at Chrystler’s Farm, in the defeat of
Wilkinson.

On the 17th of March, the parliament was prorogued, and so
ended the seventh parliament of Lower Canada. Sir George Prevost
in his closing speech, was not so flattering in his allusions as
in opening the session. He had seen with regret a want of
unanimity and despatch, and a want of confidence in himself,
which had been attended with serious inconveniences to the public
service, in both Houses. He lamented the course of proceeding
adopted by the Assembly, which had occasioned the loss of a
productive revenue bill, to wit, tacking to the bill the clause
for the payment of a London agent, which had caused its rejection
by the Upper House, and a consequent misunderstanding by which
the bill had been lost. He regretted that in sacrificing the
liberal appropriations for the defence of the province they had
been swayed by any considerations, which seemed to them of higher
importance than the immediate security of the province or the
comfort of those engaged in its protection. He earnestly
entreated the gentlemen of the Legislative Council, as peace was
not obtained, to impress on all around them, by precept and
example, a respect for the laws by which they were governed, as
well as a just confidence in those who administered them, and to
cherish and encourage that spirit which had hitherto proved the
firmest barrier against all the attempts of the enemy. And as the
parliament was about to expire, and he should avail himself of an
early opportunity of appealing to the sense of the people for the
election of a new Assembly, he recommended the honorable
gentlemen and gentlemen to give the inhabitants of the province a
true idea of the nature and value of the constitution which they
possessed, so that their choice of representatives might fall on
those who would endeavour faithfully to uphold it, and so promote
the safety, welfare, and prosperity of the province.

Sir George Prevost evidently threw out some hints to the
Legislative Council, which could not have been particularly
palatable.

In Sir George’s speech there was an allusion to peace not
being at hand. Sir George made that reference doubtless in
connection with the fact that Russia had offered to mediate
between the contending powers, with reference to an amicable
settlement of their differences. Indeed commissioners were
appointed to negotiate, by the United States. Messrs. Gallatin,
Adams, and Bayard were named. But Great Britain declined the
proposal, though the Prince Regent offered a direct negotiation
either at London or Gottenburg. The offer was accepted, and
Messrs. Henry Clay, Jonathan Russell, and Albert Gallatin, were
added to the commissioners already in Europe, and sailed soon
after for Gottenburg. Lord Gambier, Henry Goulburn, and William
Adams were appointed on the part of the Court of St. James, to
meet them. The place of meeting was subsequently changed to
Ghent, in Flanders, and the conference met in August. But while
the conference sat the war was carried on.

The first fight of moment in 1814, occurred on the Pacific
Coast. The American Commodore Porter had been cruising in the
frigate Essex, for some time, in the Pacific, with
wonderful success. He had with him as a consort, a captured
whaleship, which he had armed with twenty guns, and named the
Essex, junior. Captain Hillyard, in the British frigate
Phœbe, accompanied by the sloop of war
Cherub, had been sent in search of the successful cruiser,
and on the 9th of February, gained intelligence to the effect
that with two of her prizes she had put into Valparaiso. The
American was no match, even with the aid of the whale ship, for
two such vessels, and kept in port, the British vessels keeping
up a strict blockade for six weeks.[23] At length, on
the 28th of March, tired of the blockade, Porter attempted to
escape, when Captain Hillyard succeeded in bringing her to
action, in the roads of Valparaiso, before she could get back,
and without the aid of her lesser consort. The American ship, in
the hurry to escape, had spread every stitch of canvas, to run
past the Phœbe, and as she was doubling the point a
squall struck her, carrying away the main topmast. Both ships
immediately gave chase, and being unable to escape in his
crippled state, Porter attempted to regain the harbor. Finding
this to be impracticable, he ran into a small bay and anchored
within pistol shot of the shore. The contest, which was a most
unequal one, now commenced. Both the attacking vessels at first
got into raking positions, and did great execution. Nevertheless,
Captain Porter fought gallantly. Hillyard’s ship having sustained
serious damage in her rigging, and having become almost
unmanageable, on that account, hauled off to repair damages,
leaving the Cherub to continue the action. Hillyard
manœuvred deliberately and warily. He knew that his
antagonist was in his power, and his only concern was to succeed
with as little loss to himself as possible. Hillyard again
attacked, and the Essex hoisting her foresail and lifting
her anchor, managed] to run alongside of the Phœbe.
The firing was now tremendous, and the Essex’s decks were
strewed with dead. Both attacking ships then edged off, and fired
into the Essex, at convenient range, until she struck. The
Cherub raked the Essex, while the
Phœbe exchanged broadsides with her. The
Essex had twice taken fire during the action. The loss on
board the Essex was fifty-eight killed, thirty-nine
wounded severely, twenty-seven slightly, and thirty-one missing.
On board both British vessels only five were killed and ten
wounded. It is said that there were nearly a hundred sailors on
board the Essex, when the engagement commenced, who jumped
overboard, when it was likely she would be taken; that of these
forty reached the shore, while thirty-one were drowned, and
sixteen picked up when on the point of drowning, by the British.
On the other hand it is alleged that when the Essex took
fire aft, a quantity of powder exploded, and word was given that
the fire was near her magazine. It was then that Captain Porter
advised as many as could swim to make for the shore, which they
did, or tried to do, while those who could not swim exerted
themselves to extinguish the flames, which having done, the
action was renewed, until fighting was impossible. When Porter
summoned a consultation of his officers, only one
appeared—Acting Lieutenant McNight.

Early in February, the American sloop of war Frolic, of
22 guns, was captured by the British frigate Orpheus,
after two shots had been fired. But by way of compensation, the
British brig Epervier, of 18 guns, towards the close of
April, surrendered to the American sloop of war Peacock,
of 22 guns, and on the 28th of June, a most desperate encounter
took place between the British sloop of war
Reindeer,[24] of 18 guns, and the American
sloop, Wasp. The preponderance of force was here, in a
most extraordinary degree, in favor of the Americans, but,
notwithstanding this advantage, Captain Manners, of the
Reindeer, one of the bravest officers who ever trod a
quarter deck, the moment he got sight of the American vessel gave
chase, and as soon as it was evident to the American captain that
he was pursued by the Reindeer alone, he hove to and the
action commenced. Never were vessels more gallantly commanded and
fought on both sides. The engagement lasted, yard arm to yard
arm, for half an hour, at the end of which time the
Reindeer was so disabled, that she fell with her bow
against the larboard quarter of the Wasp. The latter
instantly raked her with dreadful effect; and the American
rifles, from the tops, picked off almost all the officers and men
on the British deck. But Captain Manners then showed himself
indeed a hero. Early in the action the calves of his legs had
been shot away, but he still kept the deck; at this time a grape
shot passed through his thighs, but though brought for a moment
on his knees, he instantly sprang up, and though bleeding
profusely, not only refused to quit the deck, but exclaiming,
“Follow me, my boys; we must board!” sprang into the rigging of
the Reindeer, intending to leap into that of the
Wasp. At this moment two balls from the American tops
pierced his skull, and came out below his chin. With dying hand
he waved his sword above his head, and exclaiming, “Oh God!” fell
lifeless on the deck. The Americans immediately after carried the
British vessel by boarding, where hardly an unwounded man
remained, and so shattered was she in her hull, that she was
immediately after burned by the captors. Never, says Alison, will
the British empire be endangered while the spirit of Captain
Manners survives in its defenders.

There was some correspondence in the early part of 1814,
relative to the prisoners captured at Queenston, supposed to be
British subjects, and therefore sent to England to be tried for
treason. The American government confined an equal number of
British prisoners, who were to be retaliated upon, unless the
British government consented to exchange them the same as other
prisoners, and the Canadian government confined General Winder
and a number of other officers and men, as hostages for the
forthcoming of the British prisoners, and in retaliation for
their confinement. The whole matter ended in smoke. The traitors
were not made examples of, and negotiations and retaliations
ceased. During the winter, stores of every kind were forwarded to
Kingston, from Quebec and Montreal. In February, the 8th
regiment, and two hundred and twenty seamen, arrived overland
from Fredericton, New Brunswick. The Indians, Ottawas, Chippewas,
Shawnees, Delawares, Mohawks, Saiks, Foxes, Kickapoos, and
Winebagoes, came to Quebec to inform the Governor General that
they were poor and needed arms, but would fight to the last drop
of blood for the British against the Americans, who had taken
away their lands, General Prevost was, of course, exceedingly
glad to hear it, and having expressed his regret for the death of
Tecumseh, he loaded them with presents, entertained them for two
days, and then sent them off to prepare for the campaign.

The Americans had not by any means been idle during the
winter. They too had been making preparations, and when General
Macomb crossed Lake Champlain on the ice, with his division, from
Plattsburgh, about the end of March, serious doubts began to be
entertained in Canada, with regard to the probability of another
invasion. The general soon removed all doubts. He crossed to St.
Armand and remained there unmolested, while General Wilkinson
prepared to assault Odelltown and Lacolle Mills. As soon as
Wilkinson was fully prepared for the assault, Macomb joined him,
and the Americans, numbering about five thousand men, entered
Odelltown. Despatches were immediately sent off by the officer in
command of the stone mills at Lacolle, to Isle-aux-Noix for aid,
and Captain Broke with a picquet of the 13th regiment, was sent
to him. Major Handcock set about making such preparations as he
could for the defence of his temporary block-house, or rather
stone tower, at Lacolle. Wilkinson did not immediately advance,
but halted to reconnoitre. He made a feint too, upon Burtonville,
which he suffered a few grenadiers and some light infantry to
check. He wanted possession of Lacolle town, and accordingly,
early in the afternoon, he determined upon taking it by assault.
The Americans got into the woods with the view of surrounding the
blockhouse and of simultaneously assaulting it on all sides.
Lacolle opened fire, but the Americans only replied by a cheer,
and continued to advance. But the cheering was not of long
duration, as the effect of Major Handcock’s fire was not by any
means elevating to the Americans. It was so heavy and so hot, and
so well directed that the effect was most depressing, and the
enemy retreated, in some confusion, back to the woods, from which
they had emerged. Thus repulsed the gallant Americans thought of
battering a breach in the tower of Lacolle, with the aid of a
naked 12-pounder, or battering gun, unprotected by an earthwork.
The result was that the artillerymen being within musket range,
were picked off with great facility, and with such marvellous
rapidity, that it was no easy matter for the enemy to load and
fire. The cannonading was, nevertheless, kept up for two hours
and a half, but as little attention was paid to aim, under the
exciting circumstances, only four round shot struck the mill,
doing no harm at all. It would have been prudent for the gallant
Handcock to have kept the enemy for some time longer, in the snow
and cold, keeping up so harmless a fire of artillery. But it
occurred to him that the gun might be spiked, and he ordered the
flank companies of the 13th regiment to charge the enemy, in
front. The trees stood still, and the Americans retired a little,
pouring a deadly fire upon the 13th, as they advanced in line
through deep snow, as well as they could, which was not by any
means very well. As the Americans still pertinaciously kept in
the woods, the 13th could not, by any possibility, charge. They
might have pursued the enemy individually, and the dodging and
twining and twirling of the combatants would have been something
extraordinary. But the 13th thought better of it and wisely
retired, in good order, upon the mill. At this moment, however,
the grenadiers of the Fencibles and a company of the Voltigeurs,
arrived from Burtonville, and were ordered by Major Handcock to
support the retiring 13th, and charge again. The whole now
advanced in columns of sections upon the gun, which the Americans
had spiked during the first charge, and on which the Americans in
the woods were ready to concentrate their fire. The enemy did not
pull a trigger until the 13th, Voltigeurs, and Fencibles were
within twenty-five yards of their centre, when the further
advance of the sortie was checked by the fire of musketry so
hotly poured in upon them on all sides. They were instantly
recalled. But the Americans being by this time wearied, cold, and
hungry, and now deficient in artillery, while they were as unable
to carry the mill by storm, as the British were to charge in the
woods, retreated about five in the afternoon, unmolested, and
afterwards fell back upon Champlain and Plattsburgh. The
Americans lost in this attempt to carry a stone tower, bravely
defended, 13 in killed, 123 in wounded, and in missing 30. The
British lost 10 killed, 4 missing, and 2 officers and 44 men
wounded.

The Americans, while they were near Cornwall, under Generals
Brown and Boyd, in the autumn previously to re-crossing the
river, plundered some merchants of all their goods, wares, and
merchandise, found en route for Upper Canada. But the
American government had stipulated for their restitution with
Colonel Morrison, of the 89th, and Captain Mulcaster, of the
Royal Navy. Whether the repeated checks that they had lately
received from the British, in consideration of their unwelcome,
but not looked for, visits, had soured the authorities, south of
45°., or no, it was now intended to sell the plunder for the
benefit of the government of the United States, as British goods
being rare in the American market, high prices would undoubtedly
have been obtained. To prevent a consummation, not in the least
devoutly wished for by the British merchants, Captain Sherwood,
of the Quarter Master General’s Department, suggested the idea of
plundering them back again. Accordingly, Captain Kerr, with a
subaltern, twenty rank and file of the marines, and ten
militiamen, crossed the ice on the 6th of February, during the
night, from Cornwall to Madrid, on Grass River, with horses and
sleighs innumerable. The merchandise, or a great part of it, was
secured, packed in the sleighs, and carried off. Indeed the
inhabitants of Madrid made no opposition to Captain Kerr, but on
the contrary, looking upon the expedition as rather smart, were
considerably tickled, and positively helped the British to load
their sleighs and be gone. Jonathan, fully alive to the
ludicrous, chuckled as he thought upon the astonished
countenances of the United States’ officers, who were charged
with the sale of the goods, when they should have ascertained
their unlooked for disappearance. The inhabitants were, of
course, not molested, and indeed living but a few hundred yards
from the British shore, were only very moderate Americans.

There was also, during the winter, a skirmish at Longwood, in
which the British, who were the assailants, retired with a loss
of two officers and twelve men killed.

The campaign opened with the opening of the navigation, in
May. Sir James Yeo, with the co-operation of that talented,
skilful, and excellent officer, General Drummond, planned an
attack upon Oswego, with the view of destroying the naval stores,
sent by way of that town for the equipment of the American fleet
in Sackett’s Harbour. The British fleet having been strengthened
by two additional ships, the Prince Regent and the
Princess Charlotte, General Drummond sent on board of it
six companies of DeWatteville’s regiment, the light companies of
the Glengary militia, and the second battalion of the Royal
Marines, with a detachment of Royal Artillery, and two field
pieces, a detachment of a rocket company, and some sappers and
miners. This expedition left Kingston on the 4th of May, and
arrived off Oswego about noon on the day following. It was then
however, blowing a gale of wind, from the northwest, and it was
considered expedient to keep off and on the port, until the
weather calmed. It was the morning of the 6th, before a landing
could be effected, when about one hundred and forty men, under
Colonel Fischer, and two hundred seamen, under Captain Mulcaster,
Royal Navy, were sent ashore, in the face of a heavy fire of
grape and round shot from the enemies’ batteries, and of musketry
from a detachment of the American army, posted on the brow of a
hill and partially sheltered by an adjoining wood. The British,
nevertheless, charged the battery and captured it, the enemy
leaving about sixty wounded men behind them, in their hurried
retreat. The stores in the fort were taken possession of, the
fort itself dismantled, and the barracks were destroyed. In this
successful assault, Captain Holtaway, of the Marines, was killed,
Captain Mulcaster was severely and dangerously wounded in the
head, and Captain Popham was wounded severely, two officers of
the line and two other naval officers were wounded. Eighteen rank
and file of the army and marines were killed, and sixty wounded,
and three sailors were killed and seven wounded. The naval
stores, however, were not captured, as they had been deposited at
the Falls of the Onondago, some miles above Oswego. The troops
were re-embarked and the fleet sailed for Kingston on the 7th of
May.

Sir James Yeo being still very anxious about the naval stores
which the enemy were so industriously collecting at Sackett’s
Harbour, determined to try if possession of at least a part of
them could not be obtained. Accordingly, he blockaded Sackett’s
Harbour, and on the morning of the 29th of May, a boat belonging
to the enemy, laden with a cable large enough for a ship of war,
and with two twenty-four pounders, forming one of a flotilla of
sixteen boats from Oswego, containing naval and military stores,
was intercepted and captured. Captains Popham and Spilsbury,
having with them two gun-boats and five barges, were immediately
sent in search of the other boats. They soon learned where the
missing boats were. Fearing capture, the Americans had taken
shelter in Sandy Creek. It was resolved to root them out, if
possible, and accordingly the British gun-boats and barges
entered the Creek. Captains Popham and Spilsbury immediately
looked about them, and found the enterprise to be rather
hazardous. The creek was narrow and winding. An attack was,
nevertheless, determined upon. For about half a mile the
assailants proceeded cautiously up the creek, when, as they
turned its elbow, the enemy’s boats were in full view. The troops
immediately landed on both banks and were advancing when the
sixty-eight pounder carronade in the foremost boat was disabled,
and it was necessary to bring the twenty-four pounder in the
stern of the boat to bear upon the enemy. But no sooner had an
effort been made to get the boat round than the enemy took it
into their heads that the attacking party designed to make off,
and advancing hastily in considerable numbers, rifles, militia,
cavalry, regular infantry, and Indians, the British, unable to
retreat, were overpowered, the captured being with difficulty
rescued by their humane American enemies, from the tomahawks and
scalping knives of the Indians.

On Lake Champlain an attempt was made on the 14th of May, to
capture or destroy two new American vessels building at
Vergennes, by Captain Pring, of the Royal Navy, but finding the
enemy prepared to receive him more warmly than courteously,
Captain Pring desisted and returned to Isle-aux-Noix.

About the end of June, the Americans concentrated at Buffalo,
Black Rock, and other places, on the Niagara frontier, for the
invasion of Upper Canada, only waited for the co-operation of the
fleet, which had not, as yet, come out of Sackett’s Harbour. The
army was commanded by General Brown, however, an officer, of
considerable judgment, and now not by any means inexperienced in
the art of war, who could not remain long inactive. On the 3rd of
July, he despatched Brigadiers Scott and Ripley, with their two
strong brigades, to effect a landing on the Canada shore. They
landed from boats and batteaux, at two different points. One
brigadier landed above Fort Erie, and the other below it, the
brigades being two miles apart, and the fort in the centre.
Captain Buck, of the 8th regiment, was in command of Fort Erie,
and, oddly enough, although he had put it in a tolerably good
state for defence, he at once surrendered it, and his garrison of
seventy men, to the enemy. Scott and Ripley now marched on
Chippewa, and were making preparations to carry that post when
they were met by General Riall, with fifteen hundred regular
troops, and a thousand Indians and militia, and offered battle.
The offer was no sooner made than accepted, and at five in the
afternoon, a battle was commenced, which proved disastrous to
Riall. The enemy were overwhelmingly numerous. Riall’s militia
and Indians attacked the American light troops vigorously, but
they were unable to cope with Kentucky riflemen, sheltered behind
trees. Death came with every rifle flash, and the militia and
Indians must have given way, had not the light companies of the
Royal Scotts and 100th regiments come to their relief. Now came
the main and, on the part of Riall, ill-judged attack. He
concentrated his whole force, while the Americans stretched out
in line. He approached in column, attempting to deploy under a
most galling fire, and the result was, as might have been
anticipated, fearfully disastrous. With 151 men killed and 320
wounded, among whom was Lieutenant-Colonel, the Marquis of
Tweedale, the British were compelled to retire. Riall’s object in
retiring was to gain his intrenched camp, but General Brown, who
now commanded the Americans, discovered a cross road, and Riall,
abandoning Queenston, fell back to Twenty Mile Creek. The loss of
the Americans was 70 killed and 9 officers and 240 men wounded.
This was the most sanguinary of any battle that had been fought
during the war, and the enemy, gaining courage, advanced
gradually, and made demonstrations upon Forts George and
Mississaga. On the 25th of July, Brown, not considering it
expedient to advance and, unsafe to stand still, retreated upon
Chippewa, the village of St. David’s having been previously set
on fire, by a Lieutenant-Colonel Stone, whom Brown compelled to
retire from the army for his barbarity. General Riall now again
advanced, when the enemy wheeled about and endeavoured to cut him
off from his expected reinforcement. But he failed in doing so,
General Drummond having come up with about three thousand men, of
whom eighteen hundred were regulars. The enemy was five thousand
strong, but General Drummond seized a commanding eminence which
swept the whole field of battle. Nothing daunted, however, by
this superiority of position, the Americans resolutely advanced
to the charge, and the action, which commenced about six in the
evening, soon became general along the whole line, the brunt of
the battle falling, nevertheless, upon the British centre and
left. General Riall, who commanded the left division of the army
was forced back with his division, wounded, and made prisoner.
The centre firmly maintained their ground. It was composed of the
89th, the Royals, and the King’s regiment, well supported by the
artillery, whose guns, worked with prodigious activity, carried
great havoc in the enemy’s ranks. Brown soon perceived that
unless the guns were captured, the battle was lost; and he
consequently bent all his energies to the accomplishment of that
object. He ordered General Millar to charge up the hill and take
the guns. The order was vigorously obeyed and five guns fell into
the hands of the Americans, the British artillerymen being
positively bayoneted in the act of loading, while the muzzles of
the American guns were within a few yards of the English battery.
It was now night and extremely dark. During the darkness some
extraordinary incidents occurred. The British having, for a
moment, been thrust back, some of the British guns remained for a
few minutes in the enemy’s hands. They were, however, not only
quickly recovered, but the two pieces, a six pounder and a five
and a half inch howitzer, which the enemy had brought up, were
captured by the British, together with several tumbrils; and in
limbering up the British guns, at one period, one of the enemy’s
six-pounders was put, by mistake, upon a British limber, and one
of the British six-pounders was limbered on one of the enemy’s.
So that although American guns had been captured, yet as the
Americans had captured one of the British guns, the British only
gained, by the dark transaction, one gun. It was now 9 o’clock,
and there was a short intermission of firing. Apparently the
combatants sank to rest from pure exhaustion. It was a terrible
repose. The din of battle had ceased, to be succeeded by the
monotonous roar of the Great Falls. The moon had risen and at
intervals glanced out of the angry blackish looking clouds, to
reveal the pale faces of the dead, with still unrelaxed features,
and some even yet, as it were, in an attitude of defiance. The
field of strife was one sea of blood, and the groans of the
wounded and the dying sent a shudder through the boldest.
Occasionally the flash of a gun or a few bright flashes of
musketry revealed more strikingly than even the moon’s pale rays,
the living, the dying, and the dead. Short as was the respite,
the enemy was not idle while it lasted. Brown was busily employed
in bringing up the whole of his remaining force, and he
afterwards renewed the attack with fresh troops, to be everywhere
repulsed, with equal gallantry and success. Drummond had not
neglected to bring up Riall’s wing which had been previously
ordered to retire. He placed them in a second line, with the
exception of the Royal Scots, with which he prolonged his front
line, on the right, where he was apprehensive of being outflanked
by the enemy. The enemy’s efforts to carry the hill were
continued until about midnight, when he had suffered so severely
from the superior steadiness and discipline of the British that
he gave up the contest and retreated with great precipitation to
his camp, beyond the Chippewa, which he abandoned on the
following day, throwing the greatest part of his baggage, camp
equipage, and provisions, into the rapids. He then set fire to
Street’s Mills, destroyed the bridge at Chippewa, and, in great
disorder, continued his retreat towards Fort Erie. General
Drummond detached his light troops, cavalry, and Indians, in
pursuit, to harass his rear.

The Americans lost, in this fiercely contested struggle, at
least 1,500 men, in killed, wounded, and prisoners: among the
wounded were the two generals commanding, Brown and Scott. There
were 5,000 Americans engaged, and only 2,800 British. General
Drummond received a musket ball in the neck, but, concealing the
circumstance from his troops, he remained on the ground until the
close of the action. Lieutenant-Colonel Morrison, of the 89th
regiment, Lieutenant-Colonel Pearson, Captain Robinson, of the
King’s regiment, in command of the militia, and several other
officers were severely wounded. The British loss, in all, was
eight hundred and seventy men, including forty-two made
prisoners, among whom were General Riall and his staff.

The Americans, now under the command of General Ripley,
retreated upon Fort Erie, and intrenched themselves in its
neighborhood. Gen’l. Gaines then assumed the command at Fort
Erie, having come from Sackett’s Harbour, in the fleet which was
to have co-operated with the army, now cooped up in Fort Erie and
altogether indifferent to such co-operation. The fleet went back
again.

Still following up his successes, General Drummond laid siege
to Fort Erie and the intrenched camp near it, and while he was
doing so, three armed schooners, anchored off the fort, were
captured by a body of marines, who pushed off in boats during the
night, under Captain Dobbs, of the Royal Navy. General Drummond
did not simply sit down before Fort Erie and the entrenchment, he
did his best to effect a breach, and with that view kept up a
constant fire from the two 24-pounder field guns which had proved
more than ordinarily useful at the battle of Chippewa. It was not
long indeed before he considered an assault practicable. He made
the necessary preparations, and on the fourteenth, three columns,
one under Colonel Fischer, consisting of the 8th and
DeWatteville’s regiment, and the flank companies of the 89th and
100th regiments, with a detachment of artillery, a second under
Colonel Drummond, of the 104th regiment, made up of the flank
companies of the 41st and 104th regiments, with a few seamen and
marines, in charge of Captain Dobbs, and the other under Colonel
Scott, consisting of his own regiment, the 103rd, and two
companies of the royals. Colonel Fischer’s column gained
possession of the enemy’s batteries at the point assigned for its
attack, two hours before daylight, but the other columns were
behind time, having got entangled by marching too near the lake,
between the rocks and the water, and the enemy being now on the
alert, opened a heavy fire upon the leading column of the second
division which threw it into confusion. Fischer’s column had in
the meanwhile almost succeeded in capturing the fort. They had
actually crept into the main fort through the embrasures, in
spite of every effort to prevent them. Nay, they turned the guns
of the fort upon its defenders, who took refuge in a stone
building, in the interior, and continued to resist. This
desperate work continued for nearly an hour, when a magazine blew
up, mangling most horribly nearly all the assailants within the
fort. Of course there was a panic. The living, surrounded by the
dying and the dead, the victims of accident, believed that they
stood upon an infernal machine, to which the match had only to be
placed. No effort could rally men impressed with such an idea.
There was a rush, as it were, from inevitable death. Persuasion
fell on the ears of men who could not hear. Persuasion fell upon
the senses of men transfixed with one idea. Persuasion would have
been as effectual in moving yonder blackened corpse into healthy
life, as in moving to a sense of duty to themselves, men who
could see nothing but the deadness around them, and whose minds
saw only, under all, the blackness of immediate destruction.
Those who were victors, until now, literally rushed from the
fort. The reinforcements of the British soon arrived, but the
explosion had again given the defenders heart, and they too,
having received reinforcements, after some additional straggling,
for the mastery, the British withdrew. The British loss amounted
to 157 killed, 308 wounded, and 186 prisoners, among the killed
being Colonels Scott and Drummond. The American loss was 84 in
killed, wounded and missing.

A reinforcement was shortly afterwards obtained from Lower
Canada. The 6th and the 82nd regiments came in time to compensate
for previous losses, but General Drummond did not consider it
expedient to make another attack. His purpose was equally well,
and perhaps better obtained by keeping the whole American army of
invasion prisoners in a prison selected by themselves, on British
territory, and from which it was impossible to escape.

While these things were transpiring in Upper Canada, public
attention was irresistibly drawn in another direction. About the
middle of August, between fifty and sixty sail of British vessels
of war arrived in the Chesapeake, with troops destined for the
attack on Washington, the capital of the United States, Britain
having now come to the determination of more vigorously
prosecuting the war. Three regiments of Wellington’s army, the
4th, 44th and 85th, were embarked at Bordeaux on the 2nd of June,
on board the Royal Oak seventy-four, and Dictator
and Diadem, of sixty-four guns each, and, having arrived
at Bermuda on the 24th, they were there joined by the fusiliers,
and by three regiments, from the Mediterranean, in six frigates,
forming altogether a force of three thousand five hundred men.
General Ross commanded the troops; Admiral Cockburn the fleet.
Tangier’s Island was first taken possession of, fortifications
being erected, structures built, and the British flag hoisted.
The negroes on the plantations adjoining were promised
emancipation if they revolted, and fifteen hundred did revolt,
were drilled, and formed into a regiment. They were useful but
exceedingly costly, for on the conclusion of peace the
proprietors of the negroes were indemnified, and His Imperial
Majesty the Emperor of Russia, than whom no one better knew the
value of a serf, being the referee, awarded the enormous sum of
£250,000, or nearly £150 for each negro that had
gained his freedom, as the compensation adequate to the injury
which the urgency of war made it necessary to inflict upon the
cultivators of human farm stock.

The troops under General Ross were landed at Benedict, on the
Pawtuxet river, forty-seven miles from Washington. On the 21st
they moved towards Nottingham, and on the following day they
reached Marlborough. A flotilla of launches and barges, commanded
by Admiral Cockburn, ascended the river at the same time, keeping
on the right flank of the army. There are two rivers by which
Washington may be approached—the Potomac, which discharges
itself into the upper extremity of the bay of Chesapeake, and the
Pawtuxet. The object which the British military and naval
commanders had in view when the Pawtuxet was decided on for the
route by which a dash was to be made on the capital city of the
American republic, was greater facility of access, and the
destruction of Commodore Barney’s powerful flotilla of gun-boats,
which had taken refuge in its creeks. This flotilla, snugly
moored in a situation only twelve miles from Washington, was
fallen in with by Admiral Cockburn, on the 23rd. The Americans
then seeing that it must be captured set fire to it and fled. Out
of sixteen fine gun-boats, fifteen were totally consumed, but one
gun-boat missed destruction and it, with thirteen merchant
schooners, was made a prize of. The troops now marched rapidly
forward. There were about 3,500 men, with 200 sailors to drag the
guns, to oppose General Winder, who, with 16,600 men, had, on the
faith of a hint received from Ghent, taken measures to protect
the capital. When the British approached, however, General Winder
had only 6,500 infantry, 300 cavalry, and 600 sailors to work the
guns, which were twenty-six in number, while the British had only
two. He took up a position at Bladensburg, six miles from
Washington, so as to command the only bridge over the little
Potomac, by which it could be crossed, and the highway to
Washington being directly through his centre. He directed all his
artillery upon the bridge. But the men now opposed to the
Americans knew well how to carry bridges. General Ross, having
formed his troops into two columns, the one under Colonel
Thornton, and the other under Colonel Brooke, ordered the bridge
to be crossed. Hardly was the order given, when in spite of
artillery and musketry, Thornton’s column had dashed across,
carried a fortified house at the opposite side, and being quickly
followed by the other division, had spread out sharpshooters on
either flank. The militia of the United States soon got into
confusion, and soon after fled. Indeed Commodore Barney and his
sailors made the most gallant resistance, but he was soon
overpowered, wounded, and with a great part of the seamen under
him fell into the hands of the British. Ten guns were taken, the
whole army was totally routed; and the enemy were fleeing past
Washington, to the heights of Georgetown, horse and foot, as fast
as fear could carry them. The day was oppressively hot, and the
British army uninfluenced by fear were not able to continue their
advance until the cool of the evening. They had not “suffered” at
all. The entire loss was only 61 killed and 185 wounded. By eight
at night they were within a mile of Washington, and the main body
halted. With only seven hundred men General Ross and Admiral
Cockburn were in the capital of a republic numbering eight
millions of inhabitants, and proud of having in arms the
inconsiderable number of eight hundred thousand men, to do with
it as Commodore Chantey and General Dearborn had done to York,
the capital of a territory containing ninety-five thousand
inhabitants, man, woman, and child! half an hour afterwards, or
pay a ransom. The ransom was refused and the torch was applied to
arsenals, store-houses, senate house, house of representatives,
dockyard, treasury, war office, president’s palace, rope walk,
and the great bridge across the Potomac. In the arsenal 20,000
stand of arms were consumed. A frigate and a sloop of war,
afloat, were burnt, 206 cannon and 100,000 rounds of ball
cartridge were taken and destroyed, and General Ross and Admiral
Cockburn went back at their leisure to Benedict. In connection
with this most extraordinarily successful enterprise reflecting
the highest credit on General Ross, there had been some outcry
about extending the ravages of war to pacific public buildings.
Indeed the barbarity of destroying the legislative buildings, the
White House and the public libraries of Washington has been
harped upon most sentimentally and injudiciously. The destruction
of some books, scraped together by a new country and, therefore,
of no very great intrinsic value, is looked upon by the literati
of this and of a past age, as a crime, and one of greater
magnitude than the destruction of a village in Canada, on the
20th of December, with the thermometer at zero, and the snow two
feet in depth upon the ground, women and children even being left
to gather food and gather warmth where best they might. It is not
considered that a palace or even a church or parliament building
may be converted into a barrack or that, in some cases, even the
destruction of a city may be necessary. The Americans had
burglariously entered upon a war with the view of stealing Canada
from its lawful owner, and being caught and stayed in the act,
were fined, but refusing to pay, were distressed by the loss of
public goods. The Americans, who were the sufferers, very
naturally represented an act, which had so humiliated them, as
barbarous, but how any other person could object to such a
proceeding on the score that it was only worthy of a Goth, is
difficult of conjecture. It is certainly a pity that fine
edifices should be destroyed, and it is no less a pity that
thousands of young men should be destroyed or mutilated, and that
hundreds of thousands of their relatives should mourn because of
war; but so long as war is possible, and possible it ever will
be, until the amalgamation of the different species of the
different nations, of the different tribes, and of the different
tongues who inhabit the earth takes place, at the millennium;
soon after which this great globe itself is to be dissolved with
fervent heat, and all its magnificent palaces, gorgeous temples,
and stupendous towers are to pass away for ever, will there be a
waste and destruction of life and property at which extreme
civilisation shudders. Educated men will doubtless mourn the loss
of fine libraries and of grand cathedrals. English taste
doubtless regrets that churches, the remains of which are yet so
striking, should have been destroyed by indiscriminating
fanaticism, but the man of sense will recollect the idolatry that
has passed away with them, as with the Parthenon, and he will
weigh the gain to a people with the loss sustained by merely men
of taste. And, beyond question, men of peace can paint the
horrors of war vividly, and deny its necessity, but the man of
ordinary understanding will not scruple to say that as war in the
elements is sometimes necessary for a healthy atmosphere, so war
among men is needful for the preservation of even a shadow of
liberty to the individual, and that injury to public buildings,
to trade and commerce, must result from it, for a time.

Immediately after the capture of Washington, Captain Gordon,
in the frigate Seahorse, accompanied by the brig
Euryalus, and several bomb-vessels, entered the Potomac.
Without much difficulty he overcame the intricacies of the
passage leading by that river to the metropolis, and on the
evening of the 27th, the expedition arrived abreast of Fort
Washington. The Fort which had been constructed so as to command
the river was immediately bombarded, and the powder magazine
having exploded, the place was abandoned, and with all its guns,
taken possession of by the British. Proceeding next to
Alexandria, the bomb-vessels assumed a position which effectually
commanded the shipping in the port, and the enemy were compelled
to capitulate, when two and twenty vessels, including several
armed schooners, fell into the hands of the British, and were
brought away in triumph. There was some difficulty, however, in
bringing off the prizes. To cut off the retreat of the British
squadron, several batteries had been erected by the Americans,
and these, now manned by the crews of the Baltimore flotilla,
opened fire upon Captain Gordon and his prizes. The expeditionary
and the captured vessels were, nevertheless, so skilfully
navigated, and the fire from the bomb-vessels was so well
directed that not a single ship took the ground, and the
Americans were driven from their guns, the whole squadron being
thus permitted to emerge from the Potomac, with its prizes, in
safety.

An expedition was next fitted out against Baltimore, and the
fleet moved in that direction, reaching the mouth of the Patapsco
on the 11th September. The troops were landed on the day
following the arrival of the fleet, and, while the ships moved up
the river, marched upon Baltimore. For the first six miles no
opposition was offered, but as Baltimore was approached a
detachment of light troops were noticed occupying a thick wood
through which the road passed. Impelled by the daring for which
he was distinguished, General Ross immediately advanced with the
skirmishers to the front, and it was not long before the general
received a wound, which so soon proved fatal that he had barely
time to recommend his wife and family to the protection of his
king and country before he breathed his last. The command, on the
death of this energetic officer, devolved upon Colonel Brooke.
The British light troops continued to come up and the enemy fell
back, still skirmishing from behind the trees, to a fortified
position stretching across a narrow neck of land, which separated
the Patapsco and the Back Rivers. Here, six thousand infantry,
four hundred horse, and six guns were drawn up in line, across
the road, with either flank placed in a thick wood, and a strong
wooden paling covering their front. The British, however,
immediately attacked and with such vigour that in less than
fifteen minutes the enemy were routed, and fled in every
direction, leaving six hundred killed and wounded on the field of
battle, besides three hundred prisoners, and two guns, in the
hands of the British. On the following morning, the British were
within a mile and a half of Baltimore. There he found fifteen
thousand Americans, with a large train of artillery, manned by
the crews of the frigates lying at Baltimore, strongly posted on
a series of fortified heights which encircle the town. To charge
a force of such magnitude with three thousand men would have been
extremely hazardous, and Colonel Brooke determined upon a night
attack; but, as the night fell, and Brooke was arranging his men
for the contemplated assault, he received a letter from Admiral
Cockburn, informing him that the enemy, by sinking twenty vessels
in the river, (a mode of defence since adopted by Russia,) had
prevented all further access to the ships, and rendered naval
co-operation impossible. Under such circumstances, Brooke
withdrew, without molestation, to his ships.

To the British, the operations on the seaboard, so far, had
been as eminently successful as the operations in Upper Canada
had been. In the northwest, there was one post which did not
fall, and the fall of which was looked upon with indifference by
the Americans when Michigan was recovered, after the defeat of
the British fleet on Lake Erie. Contrary to the expectation of
the enemy, that post, which was at Michillimackinac, had been
reinforced early in the spring. Colonel McDonell, with a
detachment of troops, arrived there on the 18th of May, with
provisions and stores for the relief of the garrison. He did not
remain idle when his chief errand was accomplished. In July he
sent off Colonel McKay, of the Indian Department, with 650 men,
Michigan Fencibles, Canadian Volunteers, Officers of the Indian
Department, and Indians, to reduce Prairie-du-Chien, on
the Mississippi. On the 17th of July, McKay arrived there. The
enemy were in possession of a small fort, and two block-houses,
armed with six guns, while in front of the fort, in the middle of
the river, there was a gun-boat of considerable size, in which
there were no less than fourteen pieces of ordnance. McKay was
superlatively polite. He sent a message to the commander of the
fort, recommending an immediate surrender. But, as McKay had only
one gun, the American promptly refused, and was not a little
ironical in his refusal. McKay, highlander as he was, could stand
anything but irony, and he opened fire with his solitary gun upon
the gunboat, by way of returning the compliment. With this only
iron in the fire, he soon gave such proof of metal that the
gun-boat cut her cable and ran down stream. McKay now threw up a
mud battery, and on the evening of the 19th, he was prepared with
his one gun to bombard the fort. The enemy seeing the earthworks
doubtless imagined that McKay’s park of artillery was more
considerable than it was, and without waiting for a single round
he hoisted a white flag in token of submission, when McKay took
possession of the fort. It contained only three officers and
seventy-one men, but the exploit was a gallant one, nevertheless,
and of essential service in securing British influence over the
Indian tribes.

The Americans on being informed that Michillimackinac had been
reinforced, and perhaps anticipating that further mischief to
them might ensue, sent Colonel Croghan without loss of time to
capture it. Croghan dispatched Major Holmes upon Ste. Marie to
plunder the North West Company of their stores. The miscreant was
only too successful. Not content with plunder only, he set fire
to the buildings and reduced them to ashes. He gave further proof
of the possession of a cruel and barbarous disposition, by
enjoying the unavailing efforts of a poor horse to extricate
itself from a burning building to which it had been inhumanly
attached, to be burnt to death, after having been employed the
greater part of the day in carrying off the plunder from the
stores. This wretch, accompanied by nine hundred men, of a stamp
similar to himself, effected a landing near Michillimackinac, on
the 4th of August. But the reception given to him was of such a
nature that he speedily re-embarked, leaving seventeen dead men,
besides his own inanimate remains, to be buried by the people in
the fort. Michillimackinac was not yet, however, quite safe.
There were on the lake two American armed vessels, the
Tigress and Scorpion, each carrying a long
twenty-four pounder gun, on a pivot, and manned by thirty-two
men, which intercepted the supplies intended for the garrison. It
was most necessary to destroy or get hold of them, and this not
unimportant business was entrusted to Lieutenant Worsley, of the
Royal Navy, and Lieutenant Bulger, of the Royal Newfoundland
Regiment. These two gallant officers proceeded to the despatch of
business with praiseworthy alacrity. On the evening of the 3rd of
September, one vessel was boarded and captured, and on the
morning of the 5th the other craft was captured. Michillimackinac
was now sufficiently safe.

The war, which was no longer, on the part of the British, a
merely defensive one, was now being offensively prosecuted with
vigour in several quarters, almost simultaneously. Washington had
been taken and Baltimore assailed on one side; and Fort Erie,
containing the American army of the West, was closely invested.
It was now determined to prosecute hostilities from Nova Scotia,
which then included New Brunswick, upon the northeastern States
of the American Union. With this view, Sir John Sherbrooke sent
Colonel Pilkington in the Ramilies, commanded by Sir
Thomas Hardy, to take possession of Moose Island, the chief town
of which is Eastport, commanded by a strongly situated fort, on
an overhanging hill, called Fort Sullivan. The fort was, however,
only occupied by Major Putnam, six other officers, and eighty
men, and was taken possession of on the 11th of July, without
resistance, the garrison being made prisoners of war. As soon as
the news of this successful enterprise reached the ears of
Sherbrooke, he determined upon personally undertaking another
expedition. On the 26th of August, he, accordingly, embarked, at
Halifax, the whole of the troops at his disposal, in ten
transports, and in company with the squadron, commanded by
Admiral Griffiths, sailed for the river Penobscot, on the 1st of
September, when the fort at Castine, commanding the entrance to
the river, was evacuated and blown up. The American frigate
John Adams, was in the river and, on the approach of the
fleet, she was run up the river as high as Hampden. The better to
protect her from capture her guns were taken out and, at some
distance below Hampden, batteries or earthworks were erected, in
which all the guns of the frigate were placed. The capture or
destruction of the John Adams was, however, determined
upon, and Captain Barrie, of the Dragon, with a party of
seamen, accompanied by Colonel John, at the head of six hundred
of the 60th regiment, was sent off to effect it. For a short time
the batteries resisted, but the attack being well managed the
Americans gave way, and, having set fire to the frigate, fled in
all directions. The expedition pushed on to Bangor, which
surrendered without resistance; and from thence they went to
Machias, which surrendered by capitulation, the whole militia of
the county of Washington being put on their parole not to serve
again during the war. The whole country between the Penobscot and
the frontier of that part of Nova Scotia, which is now New
Brunswick, was then formally taken possession of, and a
provisional government established, to rule it while the war
continued.

About this time, the army in Canada was re-inforced by the
arrival of several generals and officers who had acquired
distinction in Spain, and by the successive arrival of frigates
from the army which had been so successfully commanded by the
illustrious Wellington, and with which he had invaded France. In
August, Sir George Prevost had been re-inforced with sixteen
thousand men from the Garonne. There were, consequently, great
anticipations. Even General Sir George Prevost dreamed of doing
something worthy of immortality. And such expectations were
natural. With a mere handful of troops, General Drummond had
proved how much an intelligent and decided commander can do, and
Sir George Prevost, with some of the best troops in the world,
was about to prove, to all the nations in it, how good blood may
be spilled, and material and treasure wasted by a commander
inadequate to the task either of leading men to victory or of
securing their retreat until victory be afterwards obtained. Sir
George Prevost determined upon the invasion of the State of New
York, and as if naval co-operation was absolutely necessary to
transport his troops to Plattsburgh, Sir George Prevost urged
upon Commodore Sir James Yeo to equip the Lake Champlain fleet
with the greatest expedition. The commodore replied that the
squadron was completely equipped and had more than ninety men
over the number required to man it. And under the supposition
that Captain Fischer, who had prepared the flotilla for active
service, had not acted with promptitude in giving the
Commander-in-Chief such information as he desired, Sir James sent
Captain Downie to supersede him. Sir George, who seemed to have
some misgivings about this fleet, and was still most anxious to
bring it into active service, finding Sir James Yeo, who knew His
Excellency well, quite impracticable, applied to Admiral Otway,
who, with the Ajax and Warspite, was then in the
port of Quebec, for a re-inforcement of sailors from these
vessels for the Lake Champlain flotilla. Admiral Otway did as he
was requested to do. A large re-inforcement of sailors were
immediately sent off to Lake Champlain, and Sir George having
sent Major-General Sir James Kempt to Upper Canada, to make an
attack upon Sackett’s Harbour, if practicable, concentrated his
own army, under the immediate command of General DeRottenburg,
between Laprairie and Chambly. He then moved forward, towards the
United States frontier, with about 11,000 men to oppose 1,500
American regulars and as many militia, under General Macomb,
whose force had been weakened by 4,000 men, sent off under
General Izzard, from Sackett’s Harbour, to re-inforce the troops
at Fort Erie. Prevost, who had with him Generals Power, Robinson,
and Brisbane, in command of divisions, men inured to fighting,
and well accustomed to command, met with so inconsiderable an
opposition from the Americans, that General Macomb admits that
the invaders “did not deign to fire upon them.” His powerful army
was before Plattsburgh, only defended by three redoubts and two
block-houses; he had been permitted, for three days, to bring up
his heavy artillery; he had a force with him ten times greater
than that which, under Colonel Murray, took possession of it, in
1813; and yet Sir George Prevost hesitated to attack Plattsburgh,
until he could obtain the co-operation of Commodore Downie,
commanding the Confiance, of 36 guns, the Linnet,
of 18 guns, the Chubb, of 10 guns, the Finch, of 10
guns, and 12 gun-boats, containing 16 guns! because the enemy had
a squadron consisting of the ship Saratoga, of 26 guns,
the brig Eagle, of 20 guns, the schooner
Ticonderoga, of 17 guns, and the cutter Preble, of
7 guns. The British Commodore Downie was not quite ready for sea.
His largest vessel, the Confiance, had been recently
launched, and was not finished. He could not perceive either the
necessity for such excessive haste. He would have taken time and
gone coolly into action, but he had received a letter from the
Commander of the Forces which made the blood tingle in his
cheeks. Sir George Prevost had been in readiness for Commodore
Downie’s expected arrival all morning, and he hoped that the wind
only had delayed the approach of the squadron. The anchors of the
Confiance were immediately raised, and with the carpenters
still on board, Commodore Downie made all sail. Nay, he seemed to
have forgotten that he had a fleet of brigs and boats to manage,
so terribly was he excited by Sir George’s unfortunate expression
in connection with the wind. The Confiance announced her
approach on rounding Cumberland Head, by discharging all her guns
one after the other. The other vessels were hardly visible in her
wake, and still Captain Downie bore down upon the enemy’s line,
to within two cable’s length, without firing a shot, when the
Confiance came to anchor, and opened fire upon the enemy.
General Prevost had promised to attack the fort as soon as the
fleet appeared, but instead of doing so, Sir George very
deliberately ordered the army to cook their breakfasts. The
troops cooked away while Downie fought desperately with a fleet
which, as a whole, was superior in strength to his, and which was
rendered eminently superior by the shameful defection of the
gun-boats manned by Canadian militia and soldiers of the 39th
regiment. Downie kept up a terrific fire, with only his own
frigate, a brig and sloop, wholly surrounded as he was, by the
American fleet. The brig Finch had taken the ground out of
range, and the whole of the gun-boats, except three and one
cutter, had deserted him. He was, nevertheless, on the very point
of breaking the enemy’s line, when the wind failed. As before
stated, he cast anchor, and with his first broadside had laid
half the crew of the Saratoga low. The Chubb was
soon, however, crippled and became unmanageable. She drifted
within the enemy’s lines and was compelled to surrender. The
whole fire of the enemy was now concentrated upon the
Confiance, and still the latter fired broadside after
broadside with much precision and so rapidly that every gun on
board of the Saratoga on one side was disabled and
silenced, although she lay at such a distance that she could not
be taken possession of. But Captain Downie had fallen. The
Confiance was now commanded by Lieutenant Robertson, who
was entirely surrounded and raked by the brigs and gun-boats of
the enemy, while the Saratoga, out of range, had cut her
cable and wound round so as to bring a new broadside, as it were,
to bear upon the Confiance. It was in vain that the
Confiance attempted to do as the Saratoga had done.
Three officers and thirty-eight of her men had been killed, and
one officer and thirty-nine men had been wounded. Lieutenant
Robertson was at last compelled to strike his colours, and
Captain Pring, of the Linnet, was reluctantly obliged to
follow the example. In all one hundred and twenty men had fallen,
and the cheering of the enemy informed the British army that the
fleet for the co-operation of which Sir George Prevost had so
unnecessarily waited, was annihilated. “You owe it, Sir, to the
shameful conduct of your gun-boats and cutters, said the
magnanimous American Commodore, McDonough, to Lieutenant
Robertson, when that officer was in the act of presenting his
sword to him, that you arc performing this office to me; for, had
they done their duty, you must have perceived from the situation
of the Saratoga that I could hold out no longer; and,
indeed, nothing induced me to keep up her colours but my seeing,
from the united fire of all the rest of my squadron on the
Confiance, and her unsupported situation, that she must
ultimately surrender.” Sir George Prevost had by this time
swallowed his breakfast. He had directed the guns of the
batteries to open on the American squadron, but ineffectually, as
they were too far off. Orders were at length given to attack the
fort. General Robinson advanced with the view of fording the
Saranac, and attacking the works in front, and General Brisbane
had made a circuit for the purpose of attacking the enemy in the
rear. Robinson’s troops, led astray by the guides, were delayed,
and had but reached the point of attack when the shouts from the
American works intimated the surrender of the fleet. To have
carried the fort would have been a work of easy accomplishment,
but the signal for retreat was given; Robinson was ordered to
return with his column; and Prevost soon afterwards commenced a
retrograde movement, which admits barely of excuse and could not
be justified. So indignant indeed was the gallant General
Robinson that it is asserted he broke his sword, declaring that
he could never serve again. The army indeed went leisurely away
in mournful submission to the orders of a superior on whom they
could but look with feelings akin to shame. Four hundred men,
ashamed to be known at home, in connection with a retreat so
unlooked for and so degrading, deserted to the enemy. And it is
little to be wondered at, that murmurs in connection with the
name of Prevost and Plattsburgh, were long, loud, and deep. Sir
George felt the weight of public opinion and was crushed under
it. He resigned the government of Canada and demanded a Court
Martial, but he had a judge within himself, from whom he could
not escape, and whose judgment weighed upon “a mind diseased,” in
the broad noonday and at the midnight hour, with such
overpowering weight that the nervous system became relaxed, and
death at last relieved a man, who, only that he wanted decision
of purpose, was amiable, kind, well intentioned, and honest, of a
load of grief, before even the sentence of a Court Martial could
intervene to ameliorate his sorrows. It is extremely to be
regretted indeed that so excellent a Civil Governor should have
been so indifferent a military commander. But, entirely different
qualifications are required in the civilian and in the soldier.
It is indeed on record that the Great Duke, who was the idol of
the British people as a soldier, was the reverse of being popular
as a statesman. He was ever clear-headed and sensible; but his
will would never bend to that of the many. Desirous of human
applause, he could not court it, though he was yet vain of his
celebrity, and studied to be celebrated, knowing the value that
attaches to position and to fame. Sir George Prevost was a man of
exactly an opposite disposition to that of the Great Duke. To be
great, he flattered little prejudices and weak conceits. He never
forced any measure or any opinion down another person’s throat.
He was content to retain his own opinion and ever doubted its
correctness. Personally, he was brave, but he was ever
apprehensive.

In defence of the retreat of Sir George Prevost, the opinion
expressed by Lord Wellington to Lord Bathurst, in 1813, is
quoted. Wellington advised the pursuance of a defensive policy,
knowing that there were not then men sufficient in Canada for
offensive warfare, and because by pursuing a defensive system,
the difficulties and risk of offensive operations would be thrown
upon the enemy, who would most probably be foiled. This opinion
was verified to the letter. On the other hand, the authority of
Wellington, who says to Sir George Murray, that after the
destruction of the fleet on Lake Champlain, Prevost must have
returned to Kingston, sooner or later, is valueless, inasmuch as
His Grace in naming Kingston, had evidently mistaken the locality
of the disaster, and must have fancied that Plattsburgh was
Sackett’s Harbour. He says that a naval superiority on the
Canadian lakes is a sine qua non in war on the frontier of
Canada, even should it be defensive. But Lake Champlain is not
one of the Canadian lakes, and, therefore, this justification of
a military mistake is somewhat far-fetched. Sir George Prevost
failed because he feared to meet the fate of Burgoyne, and he
incurred deep and lasting censure because, when it was in his
power, he did nothing to retrieve it. Historic truth, says the
historian of Europe, compels the expression of an opinion that
though proceeding from a laudable motive—the desire of
preventing a needless effusion of human blood—the measures
of Sir George Prevost were ill-judged and calamitous.

Sir James Yeo accused Sir George Prevost of having unduly
hurried the squadron on the lake into action, at a time when the
Confiance was unprepared for it; and when the combat did
begin, of having neglected to storm the batteries, as had been
agreed on, so as to have occasioned the destruction of the
flotilla and caused the failure of the expedition.

The result of the Plattsburgh expedition was exhilarating to
the Americans. It seemed to be compensation for the misfortunes
and disasters of Hull, of Hampton, and of Wilkinson. In the
interior of Fort Erie even a kind of contempt was entertained for
the British. In their joy at the discomfiture of Downie and the
catastrophe of Prevost, they began to look with contempt even
upon General Drummond, who had cooped them up where they were.
Hardly had the news reached these unfortunate besieged people
than a sortie was determined upon, and such is the effect of good
fortune that it infuses new spirit, and generally insures further
success. In the onset the Americans gained some advantages.
During a thick mist and heavy rain, they succeeded in turning the
right of the British picquets, and made themselves masters of the
batteries, doing great damage to the British works. But no sooner
was the alarm given than re-inforcements were obtained, and the
besiegers drove the besieged back again into their works, with
great slaughter. The loss on each side was about equal. The
Americans lost 509 men in killed, wounded, and missing, including
11 officers killed and 23 wounded, while the British loss was 3
officers and 112 men killed, 17 officers and 161 men wounded, and
13 officers and 303 men missing. On the 21st of September,
General Drummond, finding the low situation in which his troops
were engaged very unhealthy, by reason of continued rain, shifted
his quarters to the neighborhood of Chippewa, after in vain
endeavoring to provoke the American General to battle. General
Izzard had, meanwhile, arrived from Sackett’s Harbour with 4,000
troops from Plattsburgh, but General Brown, having heard that Sir
James Yeo had completed a new ship, the St. Lawrence, of
100 guns, and had sailed from Kingston for the head of the lake,
with a re-inforcement of troops and supplies for the army,
Commodore Chauncey having previously retired to Sackett’s
Harbour, instead of prosecuting the advantages which the addition
of 4,000 men promised, blew up Fort Erie and withdrew with his
whole troops into American territory, realizing the prediction of
General Izzard, that his expedition would terminate in
disappointment and disgrace.

It indeed seems quite evident that the supremacy, which Sir
James Yeo, an officer at once brave, prudent, and persevering,
had obtained upon the lakes, contributed, in some measure, to the
total evacuation of Upper Canada by the Americans. He did not
conceive that with a couple or more of armed schooners he could
sail hither and thither, and effect daring feats, but carefully
husbanded the means at his disposal, took advantage of
circumstances, and obtained the construction of vessels so much
superior to those of the Americans that it needed not the test of
a battle to decide upon superiority. Indeed had he been afforded
sufficient time, two or more such vessels, and even larger, would
have been placed on Lake Champlain, and Sir George Prevost might
have made such progress in subduing New York that peace might
have been dictated on more flattering terms to Great Britain than
they were.

The fleet and army, which had been baffled at Baltimore, by
the sinking of twenty ships in the Patapsco, to obstruct the
navigation of the river, sailed for New Orleans. The squadron
arrived off the shoals of the Mississippi on the 8th of December.
Six gun-boats of the enemy, manned by two hundred and forty men,
were prepared to dispute with the boats of the fleet, the landing
of the troops. To settle this difficulty, Admiral Cockburn put a
detachment of seamen and marines, under the command of Captain
Lockyer, who succeeded in destroying the whole six, after a chase
of thirty-six hours. The pursuit, however, had taken the boats
thirty miles from their ships; their return was impeded by
intricate shoals and a tempestuous sea, and it was not until the
12th that they could get back. It was only on the 15th that the
landing of the troops commenced under adverse circumstances. The
weather, how extraordinary soever it may seem, was excessively
cold and damp, and the troops, the blacks more especially,
suffered severely. Four thousand five hundred combatants, and a
considerable quantity of heavy guns and stores were landed, and
on the same evening an attack, by the American militia, was
repulsed. Sir Edward Pakenham arrived next day, when the army
advanced to within six miles of New Orleans. New Orleans was
then, as it now is, the emporium of the cotton trade of the
United States. Comparatively with the present day, the population
was inconsiderable. There were not more than 17,000 inhabitants.
But it was a place sure to become of importance, from its
situation, and was even then a place of considerable wealth, and,
from the nature of its chief export, was one of the principal
sources of revenue to the American government, in the Union. The
defence of this town was entrusted to General Jackson, afterwards
President of the United States, and whose elevation to the chief
magistracy is as much to be attributed to the skill and heroism
displayed by him in the defence of the chief cotton mart as to
any other cause. Jackson was a shrewd, obstinate, and energetic
man. On ascertaining that the British had landed, he threw every
possible obstacle in the way of their advance. The weather was
cold and damp, and the soil was low, and wet, and muddy. A few
days’ delay in such a situation would make nearly one half of an
invading force ill and dispirit the other half. Jackson sent out
a few hundreds of militia, every now and then, to harass his
enemies, and in the meanwhile he stirred up the 12,000 troops
under him, to work vigorously in the erection of lines of defence
for the city. Indeed, in a short time, he awaited an attack, with
confidence, in a fortified position, all but impregnable. His
front was a straight line of upwards of a thousand yards,
defended by upwards of three thousand infantry and artillery, and
stretching from the Mississippi on the right, to a dense and
impassable wood on the left. Along the whole front of this
fortified line there was a ditch which contained five feet of
water, and which was defended by flank bastions, on which a heavy
array of cannon was placed. There were also eight distinct
batteries, judiciously disposed, mounting in all twelve guns of
different calibres, while on the opposite side of the river,
about eight hundred yards across, there was a battery of twenty
guns, which also flanked the whole of the parapet. The great
strength of the American position was strikingly apparent to
General Pakenham. It seemed so very strong indeed that he
contemplated a siege. But then the ground was so cold and damp,
and the climate so unhealthy, that he could not sit very long
before a town, likely to be reinforced, and capable of being
strengthened by the construction of lines of defence, within
lines of defence, to almost any extent, if not completely
invested. And more, Pakenham had not guns sufficient for regular
approaches. Pakenham was, however, a good officer, a man of
energy, judgment, and decision. He set all hands instantly to
work to deepen a canal, in the rear of the British position, by
which boats might be brought up to the Mississippi, and troops
ferried across to carry the battery on the right bank of the
river, a work of extraordinary labour, which was not accomplished
until the evening of the 6th of January. The boats were
immediately brought up and secreted near the river, and
dispositions made for an assault at five o’clock on the morning
of the 8th of January. Colonel Thornton was to cross the river,
in the night, storm the battery, and advance up the right bank
till he came abreast of New Orleans; while the main attack, on
the intrenchments in front, was to be made in two
columns—the first under General Gibbs, the second led by
General Keane. There were, in all, about six thousand combatants,
including seamen and marines, to attack double their number,
intrenched to the teeth, in works bristling with bayonets, and
loaded with heavy artillery.[25] When Thornton would have
crossed, the downward current of the Mississippi was very strong,
so strong indeed that the fifty boats, in which his division was
embarked, were prevented from reaching their destination at the
hour appointed for a simultaneous attack upon New Orleans, in
front and rear. Pakenham, as the day began to dawn, grew
exceedingly impatient, and, at last, having lost all patience, as
it was now light, revealing to the enemy, in some degree, his
plans, he ordered Gibbs’ column to advance. A solemn silence
pervaded the American lines. There was indeed nothing to be heard
but the measured tread of the column, advancing over the plain,
in front of the intrenchments. But when the dark mass was
perceived to be within range of the American batteries, a
tremendous fire of grape and round shot was opened upon it from
the bastions at both ends of the long intrenchment, and from the
long intrenchment itself. Gibbs’ column, however, moved steadily
on. The 4th, 21st, and 44th regiments closed up their ranks as
fast as they were opened by the fire of the Americans. On the
brow of the glacis, these intrepid men stood as erectly and as
firmly as if they had been on parade. But, through the
carelessness of the colonel commanding the 44th regiment, the
scaling ladders had been forgotten, and it was impossible to
mount the parapet. The ladders and fascines were sent for, in all
haste, but the men, on the summit of the glacis, were, meanwhile,
as targets to the enemy. They stood until riddled through and
through, when they fell back in disorder. Pakenham, unconscious
that Colonel Mullens, of the 44th, had neglected his orders, and
only fancying that the troops being fairly in for it, were
staggering only under the heaviness of the enemies’ fire, rode to
the front, rallied the troops again, led them to the slope of the
glacis, and was in the act, with his hat off, of cheering on his
followers, when he fell mortally wounded, pierced, at the same
moment, by two balls. General Gibbs and General Keane also fell.
Keane led on the reserve, at the head of which was the 93rd
Sutherland Highlanders, a thousand strong. Undaunted by the
carnage, that noble regiment dashed through the disordered
throng, in front, and with such fury pressed the leading files
on, that without either fascines or ladders, they fairly found
their way by mounting on each other’s shoulders into the work.
But they were then cut down to a man. The fire from the enemy’s
rifles was terrific. It was almost at the same moment that
Colonel Ranney penetrated the intrenchments on the left only to
be mowed down by grape shot. An unforeseen circumstance had too
long delayed an attack which could only have been successfully
made in the dark, and General Lambert, who had succeeded to the
command by the death of Pakenham and the wounds of Gibbs and
Keane, finding it impossible to carry the works, and that the
slaughter was tremendous, drew off his troops. Thornton had been
altogether successful on the left bank of the Mississippi. With
fourteen hundred men this able and gallant officer repaired to
the point assigned to him on the evening of the 7th, but it was
nearly midnight before even such a number of the boats as would
suffice to transport a third part of his troops across, were
brought up. Anxious to co-operate at the time appointed, he,
nevertheless, moved over with a third of his men, and, by a
sudden charge, at the head of part of the 85th regiment and a
body of seamen, on the flank of the works, he succeeded in making
himself master of the redoubt with very little loss, though it
was defended by twenty-two guns and seventeen hundred men, and
amply provided with supplies. And when daylight broke, he was
preparing to turn the guns of the captured battery on the enemy’s
flank, which lay entirely exposed to their fire, when advices
were received from General Lambert of the repulse on the left
bank of the river. Thornton was unwilling to retire from the
battery, but Colonel Dixon, who had been sent by General Lambert
to examine it and report whether it was tenable, having reported
that it was untenable unless with a larger force than Lambert
could spare, he was required to return to the left bank of the
river, and the troops at all points withdrew to their camp.

Defeated, far advanced into the enemy’s country, an army
flushed with success, double their strength in front, and with
fifteen miles of desert between the British army and their ships,
it was not long before General Lambert came to the conclusion
that instead of renewing the attack, retreat was now desirable,
and that the sooner he retreated the more safely could it be
done. For this, under the circumstances, inevitable retreat,
Lambert gathered himself up. He sent forward, during the early
part of the night of the 18th, the whole of the field artillery,
the ammunition, and the stores of every kind, excepting eight
heavy guns, which were destroyed. With the exception of eighty of
the worst cases, whom he left to the humanity of General Jackson,
who discharged that duty with a zeal and attention worthy of the
man, he also removed the whole of the wounded; and, indeed,
accomplished his retreat under the most trying circumstances,
with such consummate ability, that the whole force under his
command, were safely re-embarked on the 27th.

The defeat, which was neither attributable to want of
foresight, to incapacity, of any sort, or to lack of bravery,
however humiliating it was, but entirely to the accident which
delayed a night attack until daybreak, was in some degree
compensated for by the capture of Fort Boyer, near Mobile,
commanding one of the mouths of the Mississippi. Fort Boyer was
attacked by the land and sea forces on the 12th of February, and,
with its garrison of 360 men and 22 guns, was compelled to yield,
when further operations were stayed by the receipt, on the very
next day, of intelligence that peace between Great Britain and
the United States had been concluded at Ghent.

It is asserted, with regard to the storming of New Orleans,
that Pakenham displayed imprudent hardihood, in the attempt to
achieve by force, what might have been gained by combination; and
that the whole mischief might have been avoided by throwing the
whole troops instead of only Thornton’s division, on the right
bank of the river, and so have rendered unavailing all Jackson’s
formidable arrangements. Pakenham’s disaster was, however, not
the result of imprudent hardihood, but purely the result of
accident in the time of attack, and in the neglect of Colonel
Mullens, to whom the duty of bringing up the fascines and ladders
was entrusted. Pakenham well considered the difficulties which he
had to encounter. He would have carried the American
entrenchments by a coup de main, had he not perceived that
the operation would have been extremely hazardous. He would have
sat down before the city and have advanced under cover of first
one parallel and then another, had he not perceived that as he
approached so the enemy could have retired within successive
lines of entrenchment. Nay, he saw that the most probable mode of
speedy and successful assault was by a simultaneous attack upon
the enemy during the night, in the front and in the rear of their
intrenched lines. He further knew that the attack in rear would
depend for success, in a very great measure, upon the skill and
intrepidity of the officer entrusted with its execution, and he
accordingly selected an officer possessed of both these
essentials in the person of Colonel Thornton. And with respect to
the effect of having landed his whole force, on the right bank of
the river, where success, though too late, did attend the efforts
of Thornton, it is to be remembered that Colonel Dixon reported
to General Lambert, when the battery on that side was in
Thornton’s possession, that it could not be retained even,
without more men than Lambert could spare to re-inforce him. The
defeat at New Orleans was only humiliating to Great Britain in
the result, not in the conception, and it cannot fairly be laid
to the charge of Pakenham that he only exhibited heroic valour,
coupled with imprudent hardihood, or that he despised his
enemy.

However the heroic defence of New Orleans and the disastrous
retreat from Plattsburgh may have elated the Americans and may
yet gratify their natural vanity, there are men in the United
States, fully alive to the consequences which could not have
failed to have resulted from the defeat of Pakenham, had the war
continued. The British government had able generals without
number, well-trained and experienced soldiers, and ships also
without number, to bring to bear upon a country almost
pecuniarily exhausted, and suffering from internal dissensions,
on the conclusion of a war which had, as it were, brought out the
immense resources for war, which were almost latent in England
during the American war of independence. That the United States
was on the very verge of destruction is evident from the fact
that during the continuance of the war, the general government of
the United States and the States governments were at variance.
There was an apprehension that the affairs of the general
government were mismanaged, and, to many, it appeared that a
crisis was forming, which, unless seasonably provided against,
would involve the country in ruin. That apprehension particularly
prevailed throughout New England. Indeed, Massachusetts proposed
that measures should be taken for procuring a convention of
delegates from all the United States to revise the constitution,
and more effectually to secure the support and attachment of all
the people, by placing all upon the basis of fair representation.
Such a convention actually did meet at Hartford. After a session
of three weeks, a report in which several alterations of the
federal constitution were suggested, was adopted. Representatives
and direct taxes were to be apportioned to the number of free
persons; no new State was to be admitted into the Union without
the concurrence of two-thirds of both houses; Congress was not to
have the power of laying an embargo for more than sixty days;
Congress was not to interdict commercial intercourse, without the
concurrence of two-thirds of both houses; war was not to be
declared without the concurrence of a similar majority; no person
to be thereafter naturalised was to be eligible as a member of
the Senate or House of Representatives, or hold any civil office
under the authority of the United States; and no person was to be
twice elected to the presidency, nor was the President to be
elected from the same State two terms in succession. The report
was a direct censure of the government, who with the alliance of
France only contemplated to annex Canada to the United States. It
was so understood. The Hartford convention was looked upon by the
democrats of the Union as a treasonable combination of ambitious
individuals, who sought to sever the Union, and were only
prevented from doing so by the somewhat unexpected conclusion of
peace, which disembarrassed the administration, and swept away
all grounds upon which to prosecute their designs. But the
positive truth was that the public mind was excited to a pitch
bordering on insurrection by the situation of the country. The
war had been singularly disastrous; the recruiting service
languished; the national treasury was almost penniless; the
national credit was shaken, and loans were effected at a ruinous
discount; the New England seaboard was left exposed to the enemy;
and the officers under the general government, both civil and
military, were filled by men contemned by a vast majority of the
people in the north eastern States. Before the war, the foreign
trade of the United States was flourishing. The exports amounted
to £22,000,000, and the imports to £28,000,000,
carried on in 1,300,000 tons of shipping. After the war, the
exports had sunk to £1,000,000, and the imports to less
than £3,000,000, to say nothing of the losses by capture.
This too was the case in America, while the sinews of war were
increasing instead of drying up in Great Britain. Yet England was
not wholly unaffected by the war. There were great distresses in
England, consequent upon the American Embargo Act, in 1811, and
it was not until commerce had discovered some new channels in the
markets of Russia, Germany, and Italy, that these great
distresses were fully abated, while the war had the further and
lasting effect of producing manufactures in the United States, to
permanently compete with those of Birmingham and Manchester. The
treaty of peace which was signed at Ghent, on the 24th of
December, 1814, was ratified by the President and Senate of the
United States, on the 17th of February, 1815. It was silent upon
the subject for which the war had “professedly” been declared. It
provided only for the suspension of hostilities; for the exchange
of prisoners; for the restoration of territories and possessions
obtained by the contending powers, during the war; for the
adjustment of unsettled boundaries and for a combined effort
to effect the entire abolition of the traffic in slaves
.

All parties in the United States, welcomed the return of
peace. It was somewhat otherwise in Canada. The army bills had
enriched the latter country; and the expenditure of the military
departments had benefitted both town and country, without cost.
When peace came, this extra expenditure rapidly declined. But the
war had further and permanently proved of advantage to Canada,
inasmuch as it drew public attention in Europe, to the country,
and showed to the residents of the United Kingdom that there was
still in America a considerable spot of earth, possessed of at
least semi-monarchical institutions, with a good soil and great
growing capacity, which could be defended and preserved, as
British property, for a time, notwithstanding the assertions
made, previous to the war, that the country was in a state of
dormant insurrection. The war restored confidence and promoted
emigration to Canada.

The Canadian Militia, Voltigeurs, Chasseurs, Drivers,
Voyageurs, Dorchester Dragoons, and the Battalion Militia, in
both provinces, were, by a General Order, issued on the 1st of
March, to be disbanded on the 24th of that month, not a little
proud of Detroit and the River Raisin exploits, of the battles of
Queenston, Stoney Creek, Chateauguay, Chrystler’s Farm, Lacolle,
and Lundy’s Lane, and of the capture of Michillimackinac,
Ogdensburgh, Oswego, and Niagara, by assault.

The eighth parliament of Lower Canada was summoned for the
despatch of business, on the 21st of January. In this new
parliament, there were James and Andrew Stuart, and for the
county of Gaspé, a George Brown,[26] and in all
there were fifteen members of British extraction—not much
less than one half of the entire House, which, in all, numbered
fifty members. After the opening speech from the throne, the
House proceeded to the election of a Speaker. The Honorable Jean
Antoine Panet, was no longer eligible for election, having been
removed to the Legislative Council, and the chair of the Assembly
fell upon Louis Joseph Papineau, a man of superior manners, of
considerable independence of character, of fluent tongue and
impassioned utterance, of extraordinary persuasive powers, and of
commanding aspect. He was accepted by Sir Gorge Prevost, and
business began. A vote of thanks was unanimously accorded to Mr.
Panet for his steady, impartial, and faithful discharge of the
speakership for twenty-two years, during the whole of which time
he had upheld the honor and dignity of the House, and the rights
and privileges of the people. One of the first measures which
occupied attention was the militia law. An Act was introduced by
which it was so far amended and revised that substitutes were
permitted to persons drafted for service. A grant of new duties
upon tea, spirits, and on goods, sold at auction, was made; one
thousand pounds granted for the promotion of vaccination as a
preventative of small pox; £25,000 was granted for the
construction of a canal between Montreal and Lachine; a bill was
introduced granting the Speaker of the House an annual salary of
£1,000; and another was passed granting a similar salary to
the Speaker of the Upper House. Of these bills all were finally
adopted or sanctioned with the exception of those granting
salaries to the two Speakers. That conferring a salary upon the
Speaker of the Legislative Assembly, was reserved for the royal
sanction, but was afterwards confirmed, while that conferring a
salary upon the Speaker of the Upper House, was lost in the
Legislative Council, because the members of that body considered
it infra dignitate, to receive any direct remuneration for
their legislative services, the more especially as, with few
exceptions, the Speaker and members were already salaried, either
as Judges, Bishops, or Clerks of the Executive Council. In the
course of the session the expediency of sending to London a kind
of agent or ambassador for the country, was again discussed, and
its expediency determined upon by the Assembly, but the
Legislative Council impressed with the idea that the Governor
General should be the only channel of communication with the
imperial authorities, refused to concur in any bill framed with
the view of securing the services of any such agent, who could
not be more than a delegate from the Assembly, and whose acts
could not be considered binding on the government of the
province. The matter was then referred to a select committee of
the Assembly, who reported that the necessity for an agent
appeared evident, each branch of the legislature having a right
to petition the King, the Lords, and the Commons of England; that
although the Governor could transmit such petitions to the foot
of the throne, he could neither transmit nor support such
petitions when transmitted before the House of Lords or before
the House of Commons, solicit the passing of laws, nor conduct
many affairs which might be conducted by a person resident in
Great Britain. Without an agent the Assembly would be deprived of
the right of petition. An agent was especially necessary to the
people of the province, because endeavours were even then being
made to prejudice the imperial government, and the British nation
against Canada, and endeavours were being made to effect a change
in the free constitution which had been conferred upon Lower
Canada, by means of a union of the two Canadas, the language,
laws, and usages of the two provinces being entirely distinct. It
was further urged that uneasiness would cease whenever a resident
agent was appointed, and as an additional reason for the
appointment of such an agent, accredited to the Court of St.
James by the province. Such an agent would have all the weight of
a foreign ambassador, and his representations could not fail to
meet with attention. But the agent to have such weight could not
merely have been the representative of one branch of the
legislature, but of the three branches. He must have been the
authorised governmental agent of the province, the government of
the province being in the confidence of the country.
Unfortunately such a state of things did not prevail. The
colonists had neither voice nor shared in the government of the
country. The Legislative Assembly nearly compensated for the lack
of newspapers. It poured into the ear of the governing party the
complaints of the people, suggested reforms, and insisted upon
the obtainment of them. And the Assembly might have better
obtained a hearing for themselves in England, by the
establishment and maintenance of a single newspaper in London,
than by the nomination either of a Hume or a Roebuck, to
represent Canadian grievances to the representatives of a people
who were ignorant of the exact nature of such grievances, and
could not, therefore, press them upon parliamentary attention.
The pertinacity with which the House of Assembly of Lower Canada
adhered to the idea of an agent for the people of Lower Canada,
is not matter of surprise, for, it is beyond all dispute that the
government of the province stood between the people of Canada and
the people and government of England, to the great prejudice and
injury of the country. In this case, an address, founded on the
Assembly’s report, was drawn up to be transmitted by the
Governor-in-Chief to the Prince Regent, praying that His Royal
Highness might give instructions to his Governor of Canada to
recommend the appointment of a provincial agent to the imperial
legislature. The Assembly persisted in the heads of impeachment
exhibited by the Commons of Canada against the Chief Justices
Sewell and Monk, and persisted in nominating James Stuart,
Esquire, one of the members of the House, to be the agent of the
House, in conducting and managing the prosecutions to be
instituted against them, if His Royal Highness the Prince Regent
permitted these impeachments to be submitted to a tribunal,
competent to adjudge upon them, after hearing the matter on the
part of the impeachments, and on the part of the accused. It was
while these things were being done in the Assembly that the
treaty of peace was officially announced to the House. The
Assembly granted eight days’ pay to the officers of the militia,
after the time already noticed as determined upon for the
disbandment of the provincial corps; an annuity of six pounds was
provided for such rank and file as had been rendered incapable of
earning a living; a gratuity was made to the widow and the
orphan; and it was recommended that grants of land should be made
by His Royal Highness, the Prince Regent, to such militiamen as
had served in defence of the province during the war. And more,
the House, entertaining the highest veneration and respect for
the character of His Excellency, Sir George Prevost, whose
administration, under circumstances of peculiar novelty and
difficulty, stood highly distinguished for energy, wisdom and
ability, and who had rescued the province from the danger of
subjugation to her implacable foe, unanimously granted and gave a
service of plate not exceeding £5,000 sterling value, to
His Excellency, in testimony of the country’s sense of
distinguished talents, wisdom, and ability. Sir George Prevost
felt strongly the high compliment which had been paid to him as a
civil ruler. And he deserved it. Surrounded as he was by the
selfishness of officials, the sycophants of the colonial office,
and the scandalizers of himself and the country, and tormented by
the suspicions of the Assembly, which were the result of such
sycophancy and scandal, Sir George pursued a most straightforward
and honorable course as a Governor-in-Chief, expressed his
gratitude, and would transmit the address to the Prince Regent,
to be governed by His commands. The Regent approved of the
donation and was rejoiced that Sir George had deserved it; but
the Legislative Council would not assent to the bill![27]
The House afterwards resolved that on the opening of the next
session of parliament it would take into consideration the
expediency of granting a pecuniary compensation to the Honorable
Jean Antoine Panet, for his long and meritorious services as
Speaker; and an Act was passed granting £500 to the
Surveyor General, Joseph Bouchette, Esquire, to assist him in
publishing his geographical and topographical maps of Upper and
Lower Canada. At the prorogation, Mr. Speaker Papineau intimated
to the Governor that the House had bestowed their most serious
attention on the recommendations submitted to them. A great part
of the expenses occasioned by a state of war had been continued
by the Revenue Act which they had adopted. They had indemnified
such of the citizens whom the love of their king and country had
induced to accept commissions in the provincial corps, until they
should be advantageously enabled to resume their civil
professions, which they had abandoned on the declaration of war.
They had afforded relief to the families of such of their
countrymen as had fallen, and to those whose sufferings for life,
from honorable wounds, furnished living evidence of the zeal
which had animated His Majesty’s Canadian subjects, in the
defence of the rights of that empire to which it was their glory
to belong. The events of the war had drawn closer the bonds which
connected Great Britain with the Canadas. Although at the epoch
of the declaration of war the country was destitute both of
troops and money, yet from the devotion of a brave and loyal, yet
unjustly calumniated people, resources sufficient for
disconcerting the plans of conquest devised by a foe, at once
numerous and elate with confidence, had been derived. The blood
of the sons of Canada had flowed mingled with that of the brave
soldiers sent for its defence, when re-inforcements were
afterwards received. The multiplied proofs of the efficacious and
powerful protection of the mother country and of the inviolable
loyalty of the people of Canada strengthened their claim to the
free exercise and preservation of all the benefits secured to
them by their existing constitution and laws. The pursuits of war
were about to be succeeded by those of peace, and it was by the
increase of population, agriculture and commerce, that the
possession of the colony might become of importance to Great
Britain. It was with lively satisfaction, therefore, that the
House heard His Excellency recommend to their consideration the
improvement of internal communications, and they were only too
proud to second His Excellency’s enlightened views by large
appropriations to facilitate the opening of a canal from Montreal
to Lachine, to assist in the opening up of new roads, and to
acquire such information as might enable them afterwards to
follow up and extend that plan of improvement.

Sir George Prevost then closed the session. He praised the
liberality with which the public service had been provided for;
alluded to the benefits promised by peace; informed parliament
that he had been summoned to return to England for the purpose of
repelling accusations affecting his military character, which had
been preferred by the late naval commander-in-chief, on the
lakes, in Canada, and while he would leave the province with
regret, he eagerly embraced the opportunity afforded him of
justifying his reputation; and yet, however intent he might be on
the subject which so unexpectedly summoned his attention, he
would bear with him a lively recollection of the firm support he
had derived from the Legislature of Canada, and should be
gratified to represent personally to His Royal Highness, the
Prince Regent, the zeal and loyalty evinced by every class of His
Majesty’s subjects in British America, during his
administration.

There were one or two measures introduced into the Assembly
during the session just closed worth mentioning, en
passant
; as showing the progress really made by a “factious”
Assembly. A bill was introduced, by Mr. Lee, for the appointment
of commissioners to examine the accounts of the Receiver General,
though, apparently, because Mr. Caldwell presented a petition to
the Assembly, complaining of the insufficiency of his salary. Mr.
Lee also introduced a bill to establish turnpike roads in the
vicinity of Quebec, but was unable to carry it because of the
outcry made by the farmers and the population of the parishes
around Quebec.

There were 1,727 marriages, 7,707 baptisms, and 4,601 burials
in Montreal; 653 marriages, 4,045 baptisms, and 2,318 burials in
Quebec; and 260 marriages, 1,565 baptisms, and 976 burials in
Three Rivers, during the year 1814. The revenue amounted to
£204,550 currency, the expenditure to £162,125
sterling; and 184 vessels were cleared at Quebec.

On the 3rd of April, Sir George Prevost left Canada for
England, through New Brunswick, by way of the River St. John. He
received several valedictory addresses speaking of him in the
highest terms, from the French Canadian population, but the
British who were annoyed about Plattsburgh stood aloof, while the
office holders secretly rejoiced that his rule had terminated.
Lieut.-General Sir Gordon Drummond succeeded Sir George Prevost
in the government of Lower Canada, the Lieutenant-Governorship of
Upper Canada being again in the hands of His Excellency, Francis
Gore, Esquire. General Drummond convened the parliament of Upper
Canada on the 15th of February, 1814. The first Act of that
parliament was one to repeal part of the laws in force for
raising and training the militia. All the male inhabitants of the
province, from 16 to 60 years of age, were liable to militia
duty, but no person over 50 years of age was to be called out
except on occasions of emergency. The militia were not to be
ordered out of the province unless for the assistance of Lower
Canada, when actually invaded, or in a state of insurrection, or
except in pursuit of an enemy who had invaded the province, or
for the destruction of any vessel either built or building, or
for the destruction of any depot or magazine, formed or forming,
or for the attack of any enemy invading the province, or for the
attack of any fortress in the course of erection or already
erected, to cover such invasion of the province. Justices of the
Peace were authorised to impress carriages and horses; twenty
shillings a day to be paid for every carriage with two horses, or
oxen with a driver; fifteen shillings to be paid for every
carriage and two horses or oxen; and for every horse employed
singly, seven shillings and six pence was to be paid a day, on a
certificate from the officer employing them, to the Collector of
Customs, and received by the Receiver General of the province. A
penalty was imposed on persons using traitorous or disrespectful
words against His Majesty or against any member of the royal
family, or for behaving with contempt or disrespect to the
Governor while on duty. Death was to be the punishment for
exciting to sedition or mutiny; and either death or such other
punishment as a Court Martial might award, was the punishment to
be awarded for being present at any meeting without endeavoring
to suppress it, or give information, or for deserting to the
enemy. And Quakers, Menonists, and Tunkers, were to pay £10
for their exemption from militia servitude, the Act to be
continued until the next session of parliament. An Act was passed
providing for the circulation of army bills; £6,000 was
appropriated for the construction and repair of roads and
bridges; an Act was passed to ascertain the eligibility of
persons to be returned to the House of Assembly; an Act was
passed to continue the Act granting to His Majesty duties on
licenses to hawkers, pedlars, petty chapmen, and other trading
persons; every traveller on foot was to pay £5 for his
license, and for every boat £2 10s.; for every decked
vessel £25 was to be paid; for every boat £10; and
for every non-resident £20; the Act to be in force for two
years; an Act was passed to detain such persons as might be
suspected of a treasonable adherence to the enemy; an Act was
passed imposing a duty of 3s. 9d. per gallon on the contents of
licensed stills; and the Act to prohibit the exportation of grain
and restraining the distillation of grain from spirits was
continued.

General Drummond again met the parliament of Upper Canada, on
the 1st of February, 1815. There were much the same kind of
wranglings in the Assembly of Upper Canada that distinguished the
parliament of Lower Canada. There were two parties, one highly
conservative and another violently radical. In Upper Canada the
conservatives had the majority. In 1808, Mr. Joseph Wilcocks, a
member of the Assembly, was imprisoned for having libellously
alleged that every member of the first provincial parliament had
received a bribe of twelve hundred acres of land. The
“slanderous” accusation first appeared in a newspaper styled the
Upper Canada Guardian or Freeman’s Journal, edited
by the Joseph Wilcocks, who was a member of the Assembly. Mr.
Wilcocks grievously complained of the Messrs. Boulton and
Sherwood, who were ever on the watch to prevent any questions
being put that would draw forth either inaccuracy or
inconsistency from the witnesses. Mr. Sherwood attacked that
great blessing of the people, the freedom of the press and, being
a good tory, called it, to the great horror of Mr. Wilcocks, a
pestilence in the land. Indeed, Mr. Wilcocks was deeply and
painfully sensible that Little York abounded in meanness,
corruption, and sycophancy, and notified his constituents
accordingly. Such a condition of things was only natural in a
small community, having all the paraphernalia of “constitutional”
government.

In 1815, the progress of Upper Canada is indicated by the
first bill of the session—an Act granting £25,000 for
amending and repairing the public highways of the province, and
awarding £25 to each road commissioner in compensation for
his services. There were in all eighteen Acts passed. Provision
was made for proceeding to outlawry in certain cases. An Act was
passed for the relief of Barristers and Attornies, and to provide
for the admission of Law Students within the Province; £100
was granted to Mr. Sheriff Merritt, of the Niagara District; a
new Assessment Act was passed; the Act to provide for the
maintenance of persons disabled, and for the widows and children
of persons killed in action was explained and amended. Isaac
Swayze, Esquire, having been robbed of £178 5s. 8d., was
exonerated from the payment of it; £6,000 was granted for
the rebuilding and repair of gaols and Court Houses in the
Western, London and Niagara Districts, each £2,000; an Act
was passed to remove doubts with respect to the authority under
which the Courts of General Quarter Sessions had been erected and
holden; an Act to license practitioners in physic and surgery
throughout the province, providing for the appointment of a Board
of Surgeons to examine applicants, and imposing a penalty of
£100 for practicing without license, but excepting from the
application of the Act such as had taken a degree at any
University in His Majesty’s dominions, was passed; £292 was
granted to repay advances on team-work, and for the apprehension
of deserters by certain Inspectors of Districts; £1,500 was
granted to provide for the accommodation of the legislature at
its next session; £6,090 was granted for the uses of the
incorporated militia; £111 11s. 7d. was granted for the
Clerks of Parliament; £1,700 was appropriated to the
erection of a monument to the memory of the late Major-General
Sir Isaac Brock; the Quarter Sessions Act was again amended;
£400 was repaid to the Honorable James Bayley, which he had
paid for hemp delivered to him as a commissioner for the purchase
of that commodity; and an Act incorporating the Midland District
School Society. On the 25th of April, Lieutenant-General Sir
George Murray, Baronet, superseded Sir Gordon Drummond, K.C.B.,
in the command, civil and military, of Upper Canada, and on the
1st of July, in the same year, the civil and military command of
the Upper Province devolved upon Major-General Sir Frederick P.
Robinson, K.C.B., who held the reins of government until the
return of His Excellency Francis Gore, who had been absent in
England during the war, on the 25th of September, 1815.

CHAPTER IV.

It was in the character of Administrator-in-Chief that
Lieutenant-General Sir Gordon Drummond assumed the government of
Lower Canada, on the 5th of April, 1816. The army bills were
called in and honorably redeemed in cash, at the army bill
office, in Quebec, and as if to show how beneficial the war had
been to the country, first one new steamer arrived at Quebec, and
then another from the already flourishing city of Montreal. The
Malshane, built by Mr. John Molson, of Montreal, at that
port, appeared at Quebec on the opening of the navigation, and
was speedily followed by an opposition steamer built by an
association of merchants in Montreal, and named:—The Car
of Commerce
. The inhabitants of Canada were, at this time,
under 400,000 in number. About seven-eighths were of French
descent, and the other eighth was composed of English, Irish,
Scotch, Germans, Americans, and their descendants. Of the latter,
the Scotch were the most numerous, and in their hands nearly the
whole external trade of the country was placed. The French
Canadians were chiefly agriculturists, but they had also a large
share in the retail and internal trade. There was, at this
period, no manufactories of note in the province. The manufacture
of leather, hats, and paper, had been introduced, and
étoffe du pays, manufactured by the farmers,
constituted the garb of the Canadians generally. There were two
iron works in the vicinity of Three Rivers. There was nothing
more. It is said, not without reason, that one of the first
improvements in any country should be the making of roads, and
the speedy making of roads, both in Upper and Lower Canada, was
one of the good effects of the war. Already there was a road from
Point Levi across the portage of Temiscouata, from thence to the
forks of the Madawaska, from thence to the Great Falls, from
thence to Fredericton, in New Brunswick, from thence to St.
Johns, on the Bay of Fundy, and from thence to Halifax, which was
618 miles long; there was a road from Quebec to Montreal, 180
miles in length, from thence to the Coteau-du-Lac, 225 miles,
from thence to Cornwall, 226 miles, from thence to Matilda, 301
miles, from thence to Augusta, 335 miles, from thence to
Kingston, 385 miles, from thence to York, 525 miles, from thence
to Fort Erie, 560 miles, from thence to Detroit, 790 miles, and
from thence to Michillimackinac, 1,107 miles; there was a road
en route to Boston, via St. Giles, Ireland,
Shipton, St. François, and the Forks of the Ascot, to the
lines, 146 miles long; and there was a road from Laprairie,
opposite Montreal, to Isle-aux-Noix, which was 28 miles long.
Canals were contemplated to overcome the difficulties of the
Lachine, Cedars, and Long Sault rapids, and indeed there was an
eye to those improvements which never fail to develop the riches
of a country. The landholders at this time were mostly French
Canadians. There were some thousands of acres, however, which had
been granted to the British population since 1796, occupied or
settled upon by Americans, that is to say, former residents of
the United States. Land was not by any means valuable, on account
of the great distances from convenient markets, and the
consequent length of time which it took the distant farmer to
bring his produce to market. It was this drawback that produced
in the Canadian the pernicious habit of merely producing enough
for the consumption of his own family, and for the keep of his
own farm stock. Farm lands were seldom held upon lease. The
cultivators were the bona fide proprietors of the soil,
subject to a very inconsiderable annual rent to the seigneur and
to a fine of a twelfth upon a change of proprietor by sale, a
condition which, as a matter of course, would in time become
intolerable and demand that remedy which has since been applied.
In Lower Canada, the lands held by Roman Catholics, were subject
to the payment of a tythe or a twenty-sixth part of all grain for
the use of the curate, and to assessments for the building and
repair of churches. Now with regard to the character of a people,
who, not long after this period, exhibited an intolerance of
tyranny and injustice, it may fairly be said that the French
Canadians are naturally of a cheerful and lively disposition, but
very conservative in their ideas. Outwardly polite, they are not
unfrequently coarse in conversation. If the Canadian evinces
respect, it is expected that he will be treated with respect in
consideration therefor. His chief shortcoming is excessive
sociability. When once settled among friends and relatives he
cannot leave them—absence from home does in truth only make
the heart grow fonder of home associations. He is active,
compactly made, but generally below rather than above the middle
size. His natural capacity is excellent, but when the mind is
unimproved and no opportunity has been afforded for the
acquisition of new ideas, little can be expected from even the
most fertile understanding. All improvements have been the result
of observation, there being nothing original in any one, nor an
iota new under the sun. It is in the application of the natural
elements only in which one individual excels another, his
capacity for excellence, of course, favoring observation. As the
bee sips honey from the flower, so does man inhale the poetry of
nature, daguerreotyping it upon his understanding, either from
the mountain’s top, from the summit of the ocean wave, or from
the wreck of battle; so does the astronomer learn from the
firmament itself the relative proportions and distances, the
transits, eclipses, and periodical appearances of other worlds,
than that in which he lives, moves, and has his being; and so the
man of science collects and combines the very elements
themselves, either to purposes of destruction or towards the
progress, improvement, and almost perfection of human nature. The
Canadian could only reason from his own experience, and that was
so exceedingly limited, that his backwardness in enterprise is
less to be wondered at than the eagerness with which he copies
the enterprise of others. The Canadian, like the native of old
France, is a thinking animal. He is ever doubting, ever
mistrustful. In spiritual matters, he is guided by his curate,
who, if he wishes to stand well with him, must meddle with
nothing else. And who will say that such a people are incapable
of improvement? Railroads, intercourse with others, and time,
will yet make the Canadian think for himself much sooner than
they will influence others, more naturally confiding, generous,
and credulous than he is, but whose very energy and bravery only
cover a multitude of sins.

Lieutenant-General Sir Gordon Drummond met the parliament of
Lower Canada on the 26th of January, 1816. He informed the two
Houses that the Regent had committed to him the administration of
the government of Lower Canada, that he had entered on the duties
of his trust with a deep sense of their importance and with a
more earnest desire to discharge them for the general advantage
of a province in the capital of which he had been born; the King
was no better in health, but had no corporeal suffering and only
continued in a state of undisturbed tranquillity; Buonaparte had
been exiled and the family of Bourbon restored to the throne of
their ancestors; Waterloo had consummated the high distinction
obtained by the British forces under Wellington. He recommended
the renewal of the Militia Act, and in consequence of many
discontented adventurers, and mischievous agitators, from the
continent of Europe, having thrown themselves into the
neighbouring States, he strongly recommended the immediate
revival of the Act for establishing regulations respecting
aliens, with such modifications as circumstances might render it
proper to adopt; the executive government had redeemed its pledge
by calling in and paying with cash the army bills which were in
circulation; a statement of the revenue and expenditure of the
past year would be laid before the Assembly; the Prince Regent
viewed with much pleasure the additional proof of patriotism
afforded by the sum voted towards the completion of a proposed
canal from Montreal to Lachine; His Majesty’s government duly
appreciating the many important objects with which the canal was
connected, were interested in its early execution; and he awaited
only further instructions upon the subject to carry it into
effect. He pressed upon the attention of both Houses the
importance of further promoting the internal improvements of the
province. He trusted that this session of parliament would be
distinguished for accordant exertion and for efficient dispatch
in conducting the public business; and for his own part, he could
assure honorable gentlemen that he would most cordially
co-operate in every measure which might tend to advance the
interests and promote the welfare of the province. His Excellency
the Administrator-in-Chief made allusion to his native city after
the manner of a somewhat notorious, if not a celebrated judge of
the present time, who was accustomed to boast in the Assembly of
being the representative of his native city. Sir Gordon, however,
only meant to be conciliatory, and indeed there was no
objectionable egotism in a governor putting himself forth as a
colonist by birth, or in one sense placing himself on a level
with the governed. The pity is that so few governors had even
that interest in Canada which, to however limited a degree, must
have weighed with Sir Gordon Drummond. The House was glad that a
native of Quebec had so distinguished himself as a soldier, and
indeed in all else, echoed His Excellency’s speech.

The transaction of business had hardly begun when a message
was received from the Administrator-in-chief. His Royal Highness,
the Regent, had commanded His Excellency to make known his
pleasure to the House of Assembly on the subject of certain
charges preferred by the House against the Chief Justices of the
province and of Montreal, in connection with certain charges
against a former governor, Sir James Craig. The Regent was
pleased to say that the acts of a former governor could not be a
subject of enquiry, whether legal or illegal, as it would involve
the principle that a governor might divest himself of all
responsibility on points of political government; the charge
referred by the Regent to the Privy Council, was only such as
related to the Rules of Practice, established by the Judges, in
their respective Courts, and for which the Judges were themselves
solely responsible; and the Report of the Privy Council was that
the Rules of Practice complained of were made not by the Chief
Justices alone, but in conjunction with the other Judges of the
respective Courts, as rules for the regulation and practice of
their respective Courts, and that neither the Chief Justices, nor
had the Courts in which they presided, exceeded their authority
in making such rules, nor had they been guilty of any assumption
of legislative power. Further, His Excellency was commanded to
express the regret with which the Regent had viewed the late
proceedings of the House of Assembly against two persons who had
so ably filled the highest judicial offices in the colony, a
circumstance calculated to disparage their character and
services, in the eyes of the inconsiderate and ignorant, and so
diminish the influence which a judge ought to possess. The other
charges with regard to the refusal of a writ of Habeas
Corpus
, by Mr. Chief Justice Monk, of Montreal, were
considered to be totally unsupported by any evidence whatever.
The message from the administrator, by order of the Regent, had
been somewhat too soon communicated to the Assembly for
“accordant exertion” in legislation. A call of the House was
ordered for the 14th of February, and the message was to be
referred to a committee of the whole on that day. That day came
and the committee of the whole referred the message to be
reported upon by a select committee of nine members, and the
report of the committee was to the effect that a humble
representation and petition to the Regent must be prepared, and
that before doing so, the sense of the House, as expressed in a
committee of the whole, should be obtained. Accordingly, the
House again resolved itself into committee, on the 24th, when it
was reported that the House in impeaching the Chief Justices was
influenced by a sense of duty, by a desire to maintain the laws
and constitution, and by a regard for the public interest, and
for the honor of His Majesty’s government; that the House was
entitled to be heard, and to have an opportunity of adducing
evidence in support of the impeachments; that the opposition and
resistance of the Legislative Council prevented the appointment
of an agent from the Assembly, to maintain and support the
charges; and that a petition should be presented to the Regent,
appealing to the justice of His Majesty’s government and praying
that an opportunity might be afforded to the Commons of Canada to
be heard and to maintain their charges. The resolutions were
adopted by a very large majority of the House, and a special
committee was appointed to prepare an address in accordance with
the resolutions. But before this could be done, Sir Gordon
Drummond, in accordance with his instructions, dissolved the
House. He prorogued the parliament on the 26th, because his
reasonable expectations, with regard to their diligent
application to the business which he had recommended to their
attention had been disappointed; because the Assembly had again
entered upon the discussion of a subject on which the pleasure of
the Regent had been communicated to them; and because, he,
therefore, felt it to be his duty to prorogue the present
parliament, and to resort to the sense of the people by an
immediate dissolution. Only one Act received the royal assent,
that to regulate the trial of controverted elections.

The writs for the new elections were issued in haste. Indeed
so early as the month of March, they were completed, the greater
number of the members of the previous Assembly having been
re-elected. But before even the elections had been completed,
General Drummond was notified of the appointment of Sir John
Sherbrooke, the Lieutenant-Governor of Nova Scotia, to the
Governor-Generalship of British North America, and leaving
Major-General Wilson in temporary charge of the government, he
sailed for England on the 1st of May.

It is impossible to speak of Sir Gordon Drummond’s civil
government. The measures which he proposed were well calculated
to benefit the country. He was thwarted, possibly in good
intentions, by the commands of the imperial government, requiring
him imperatively to obtain the submission of the colonial
legislature to Downing-street dictation, without remonstrance. A
colonial legislature, tethered as it is, and ever will be, until
the Governor is elected by the people, to English administrative
incapacity might, with no lack of prudence, have been permitted
rope enough to wander round the tethering post, so that it would
only have been at considerable intervals that the effect of the
tethers would have been in any degree galling or even felt.

In 1815, the revenue of Lower Canada amounted to
£150,273 currency, the expenditure to £125,218
sterling, in which was included £16,555 for the erection of
the gaol in Quebec; £26,439 for militia services; and
£35,325, the proportion of duties to Upper Canada. Only 194
vessels of 37,382 tons, were cleared at Quebec, not taking into
account ten new vessels of only 1,462 tons altogether, hardly
equal to the tonnage of a single vessel of the present day.

Sir John Sherbrooke did not arrive at Quebec until the 21st of
July. He was then received with all the honors due to his rank
and station. Every body was as obsequious as any body could be,
and great things were, of course, expected from the new man. Nor
was Sir John deficient in ability. He had been most successful in
his government of Nova Scotia, and he had been most prudent in
his negotiations with the people of Maine. He had too an
opportunity for acquiring popularity immediately on his arrival,
and he did not suffer the opportunity to escape him. The wheat
crop had failed in the lower part of the district of Quebec. The
days though warm as usual were succeeded by cold frosty nights,
which killed the wheat. There was indeed a prospect of a famine.
Representations of anticipated distress, came pouring in upon him
from first one parish and then another. A less decided man would
have called upon the provincial parliament to have acted as
became the emergency. Sir John threw open the King’s stores, and
on his own responsibility, advanced a large sum of money from the
public treasury, for the purchase of such supplies as the
imperial store-houses did not afford. The season, in Lower
Canada, he knew was a short one, and to have procrastinated would
have been fatal to the farmer.

Nor was Sir John less prudent in other matters. He saw the
mistake committed by his predecessor with regard to the
impeachments and he endeavored to avoid any similar mistake. He
wrote to England for instructions, taking care to inform the
Minister of State for the Colonies of the true state of public
opinion in the province. He represented that the appeal to the
people by Sir Gordon Drummond had entirely failed; the people
were irritated at the appeal to them under such circumstances;
the dissolution of a parliament was not, in his opinion, at any
time calculated to do much good, but was often seriously
productive of evil; in a small community it was more difficult to
correct public opinion than in a larger one; he would carry out
whatever instructions should be given to him; but these were his
views and he would await an answer. He went still further. He
informed the Colonial Secretary that Chief Justice Sewell was
unpopular, not with the Assembly alone, but with all classes of
the people. No matter whether the feeling proceeded from the acts
and calumnies of designing demagogues, it existed. It was indeed
believed in the Palace of the Roman Catholic Bishop, and in the
cottage of the humblest peasant, that Chief Justice Sewell had
outraged their feelings of loyalty and religion. When
Attorney-General, Mr. Sewell had maintained doctrines and
supported measures that clashed with the religious opinions of
the Canadians. A dislike, amounting to infatuation, had been
confirmed by the part which he was supposed to have taken in the
government after his promotion. It was this gradually increasing
dislike which had led to his impeachment. Sir John believed that
a hearing to both parties, on the impeachment, even had the
decision been the same, would have been conducive to the peace of
the province, as it would have deprived the party hostile to the
Chief Justice of a pretext of complaint, by which, in a free
country, the people will always be interested. The impression was
that the government of England had come to a decision on an
exparte hearing. Chief Justice Sewell should have been
permitted to retire on a pension. That step would have had the
effect of getting rid of a grievance. Agreeably to his
instructions, he would support the Chief Justice even should the
wrath of the Clergy be the result. He would also cultivate a good
understanding with the Roman Catholic Bishop, but neither
argument nor coercion could destroy public opinion. Prorogation
might succeed prorogation, and dissolution, but there would be a
revolution in the country sooner than a change in the feelings of
its inhabitants with regard to Chief Justice Sewell. He would
suggest the appointment of an agent in England, as had long been
desired, and as had been effected in almost every other colony.
The opposition to this measure was even ascribed to the Chief
Justice. He would further suggest that Mr. Stuart should be
detached by motives of self-interest, from the party with whom he
acted, and which it was supposed, would dwindle into
insignificance without him. If the Attorney-Generalship should
become vacant, it might be offered to him. The most fruitful
source of all the dissensions in Canada was, nevertheless,
according to Sir John Sherbrooke, the want of confidence in its
executive government,[28] not so much in the personal
character of the Governor as in the Executive Council, who have
come to be considered the Governor’s advisers, and who are
watched with a jealousy that hampered every governmental
operation. To remove the distrust, the Speaker of the Legislative
Assembly should, ex officio, be a member of the Executive
Council.

Sir John had stated a series of truths, since made apparent,
by the disclosures of Mr. Ryland.

The new parliament was convened for the dispatch of business,
on the 15th of January, 1817, when Mr. Papineau was re-elected
Speaker. The Governor then formally opened the business of the
session, by stating that having ascertained that the crops had
failed in several parts of the province, he had taken steps to
prevent the mischief that threatened the country, the particulars
of which should be laid before the parliament; that he relied
upon the liberality of the Assembly to make the necessary
provision for defraying the expenses already incurred; that he
felt assured such further aid would be granted as necessity might
require; that he would lay before the House a statement of the
revenue and expenditure of the province: that he felt it to be
his duty to call early attention to the renewal of the militia
and several other Acts, which either had expired or were about to
expire; and he intimated that the advantages to result from every
improvement calculated to open up the commerce of the country and
encourage agriculture were of themselves sufficient to recommend
that matter to their attention. The Assembly replied in the usual
way and immediately afterwards appointed the committees. There
was a grand committee of grievances, a committee on courts of
justice, a committee on agriculture and commerce, and a special
committee of five members to keep up a good understanding between
the two Houses, hitherto antagonistic. Immediately after these
committees had been named, a message was received from the
Governor, intimating that the Regent of the United Kingdom and of
the Empire had been pleased to assent to the bill granting a
salary of £1,000 a year to the Speaker of the Assembly. The
House then voted £14,216 to relieve the distressed
parishes, with the view of making good the advances made by the
Governor, and also voted the additional sum of £15,500,
with the same view, and £20,600 more, for the purchase of
seed grain, for distribution among such as could not otherwise
procure it, to be repaid at the convenience of the recipients.
This business being settled, Mr. Cuvillier presented to the House
articles of impeachment against Mr. Foucher, a Judge of the
King’s Bench, at Montreal, for malversation, corrupt practices,
and injustice. A committee was appointed to examine into these
charges, and having reported adversely to the judge, the House
prepared and adopted an address to the Regent, asking for Mr.
Foucher’s removal from office, and that justice should otherwise
be done. The House further requested the Governor-in-Chief to
suspend Mr. Foucher, while the charges made against him were
pending. The Governor complied with the request of the House, by
desiring Mr. Foucher to abstain from taking his seat upon the
Bench, until the will of the Regent should have been ascertained.
The Legislative Council were most indignant. They remonstrated
against the suspension of Mr. Foucher. Every public officer was
by the assent given to the act of the Assembly, liable to be put
to the expense of going to England before he could even get a
hearing, if at the mere dictation of the Assembly, a public
officer was to be suspended. The Assembly replied that, if
suspension could not take place, offenders, out of the reach of
ordinary courts of justice, could not be brought to trial, and
that an illegal, arbitrary, tyrannical, and oppressive power,
over the people of the province, would be perpetuated. And so the
suspension did take place. The judges were in very bad odour in
those days. They were between two fires. If they thwarted the
government, they were dismissed, and if they annoyed the people
they were impeached. Another complaint was made against Mr. Chief
Justice Monk. He, it was alleged by the family of the late
François Corbeil, had exceeded his authority, by issuing a
warrant for the arrest and imprisonment of Corbeil, on a charge
of treasonable practices, well knowing that such changes were
notoriously false, and, by so doing, had accelerated or caused
the death of Corbeil, the disease of which he died having been
contracted while in prison. Mr. Samuel Sherwood also complained,
on his own behalf, against the Chief Justice of Montreal. It
appeared that he had been prosecuted and imprisoned for libel, in
having burlesqued the pamphlet published and circulated by the
Chief Justices in Montreal and Quebec, to show to the public and
their friends that the impeachments against them had fallen
through. At the trial for the libel, Mr. Chief Justice Monk
presided. He seemed to be both prosecutor and judge. The jury box
was packed. The court was specially held. The indictment against
Sherwood had been framed on suspicion. In the pretended libel the
name of James Monk was thirty times mentioned, and yet James
Monk, in the character of Chief Justice, sat upon the Bench. He
took a lively interest in the prosecution. He had fiercely
assailed a member of the Bar, who had smiled during the reading
of the indictment, and threatened to remember the smile in his
address to the jury. Such an example of a judge, sitting in his
own cause, was not even afforded by Scraggs or Jefferies. Mr.
Sherwood had been falsely imprisoned, arbitrarily held to
excessive bail, his liberties, as a British subject, violated,
and his privileges as a member of the Assembly had been set at
nought. The petition was referred to a select committee, and no
more heard of. Yet it had an effect. Chief Justice Monk was
compelled to explain and to defend himself.

There was yet another similar matter to be proceeded with.
There was the revival of the impeachments to be taken in hand.
The House had been clumsily baulked in their attempt to
remonstrate with the Regent concerning his will and pleasure, as
far as his royal will and pleasure related to the impeachments of
Chief Justices Sewell and Monk, and there seemed to be a sub
rosa
disposition to get rid of the disagreeable affair by
management. Mr. Stuart, keen-sighted as he was, both saw and felt
that the tools, with which he worked, required sharpening up.
They had been handled. They had been in other hands than his.
They had apparently been rendered almost unfit for use. He would,
however, move for a call of the House, on the 21st of February.
The cards had been admirably shuffled. The Panets, Vanfelsons,
Gugys, Ogdens, Vezinas, Taschereaus, Malhiots, Cherriers, were
all wonderfully intermingled in an adverse vote. The motion was
rejected by a vote of 23 nays to 10 yeas. Mr. Stuart tried the
20th of February. Still it would not do. The Assembly had become
suddenly tired of impeachments. Again, the matter was tried on
the following day, when the House consented not to revive the
impeachments but to reconsider the message addressed to the
Assembly on the 2nd of February last, by the late
Administrator-in-Chief. Mr. Stuart had some business to transact
in Montreal, and he left Quebec to attend to it. During his
absence the impeachments were forgotten; his measures were
paralysed by sub rosa negociation; Mr. Sewell was
recompensed for the ill-treatment he had experienced, and the
government was relieved of anxiety. The Speaker of the Assembly
was informed that for this parliament as well as for the last
parliament he would be permitted to receive £1,000 a year,
and that Mr. Sewell, who, as Chief Justice, was Speaker of the
Upper House, might be recompensed for his ill-treatment, by the
attachment of a salary of £1,000 to an office which it was
designed he should hold for life. The Assembly, accordingly,
applied to His Excellency to allow their Speaker
£1,000 a year, and to confer some signal mark of the Royal
favor on Dame Louise Philippe Badelard, widow of Mr. Speaker
Panet. His Excellency, the Governor, unhesitatingly complied with
the request of the Assembly, the more especially as on the
request of the Council he had consented to a similar salary being
paid to their Speaker, and he had further pleasure in authorising
the payment of a pension of £300 a year, to Dame Louise
Philippe Badelard. The whole was most cheerfully agreed to by all
the parties interested, and thus was the Legislative Assembly of
Lower Canada betrayed and dealt with for the consideration of a
few thousand pieces of silver. On the 17th of March, Sir John
Sherbrooke intimated by message that he had conferred upon the
two honorable Speakers the salaries of £1,000 each per
annum. Two days afterwards, Mr. Sherwood moved that the message
of the late Administrator-in-Chief should not be considered until
the 27th of March, and that a call of the House should be made
for that day. Mr. Ogden, however, bluntly moved for the discharge
of the order of the day, and that the subject should not be taken
into consideration at all during the session. The debate was loud
and long continued. James Stuart and Andrew Stuart were
brilliant; the Gugys, the McCords, and the Ogdens, were dumb. The
Vezinas, the Vigers, the Panets, the Languedocs, and the Badeaux,
had changed sides. Night came and still the debate continued, the
midnight hour was passed and yet the war of words was fiercely
going on, and morning came only to find the impeachments, which
the Assembly had so long cherished, finally buried in oblivion,
by 22 votes in favor of the abrupt motion of Mr. Ogden, while
there were only 10 votes against it. Mr. Stuart was abandoned.
There was now a greater than he to lead the Assembly. Sir John
Coape Sherbrooke thoroughly understood the materials with which
he had to deal, and he dealt with them accordingly. The Assembly
had no longer independence: spirit, self-respect, power was
sacrificed for that which gives wisdom to the foolish and
judgment to the weak. The sum of £55,000 was appropriated
for the improvement of roads, canals, and bridges; £2,000
was voted for the encouragement of inoculation with vaccine virus
as a preventative of small pox; the revenue for 1816 was
£144,625; the expenditure £75,638, less
£24,495, the proportion of duties payable to Upper Canada
for 1815; the expenses of the legislature for the same period
were £3,203 currency; the salaries of the judges were now
£1,000 currency per annum each, and yet at the disposal of
the legislature there was the sum of £140,153.[29]
The session was closed on the 22nd of March, by receiving the
thanks of the Governor General for the extraordinary application
to business which had distinguished this session from any
preceding session of the parliament of Lower Canada.

In the course of the summer (1817) three hundred and three
vessels with five thousand three hundred and seventy-five new
settlers had arrived at Quebec, and banks were established both
in Montreal and Quebec, named after the cities in which they were
set afloat. About the 15th of November it was remarked that the
Montreal Bank had commenced with quite an unexpected confidence
from every part of the community, so much so that the merchants
were realising more convenience from it than they ever
anticipated; and that since it had commenced business, the
profits were reported to have been immense.

In 1816, a settlement of emigrants was begun, under the
direction of the military, in Bathurst, Drummond, Beckwith and
Golbourne. The first settlers of Canada had a free passage
afforded them from the United Kingdom, and were provided with
rations and tools on their arrival in the colony. In 1816,
rations and tools were furnished to 2,000 emigrants, who came out
at their own expense, and in 1817 multitudes came out in the
expectation of being favored in the same way, but were
disappointed, nothing having been given to them but 100 acres of
land each, which many of them were too poor to occupy.[30]
There were not yet seven persons to the square mile, in the Upper
Province. There were only twenty places of worship and
thirty-five resident preachers:—fifteen methodists, five
baptists, four quakers, three presbyterians, three Roman
Catholics, three episcopalians, one tunker and one
menonist—in the Western, London, Gore, and Niagara
districts, with a population of 26,977 souls; and there were for
the same population, 20 medical practitioners, 132 schools, 114
taverns, 130 stores, 79 grist-mills, and 116 saw-mills. The Home
district contained 7,700 people; the Newcastle, 5,000; the
Midland, 14,853; the Johnstown, 9,200; the Eastern, 12,700; and
the Ottawa, 1,500; the total population of Upper Canada being
then estimated at 83,250 souls. York, the capital of the Upper
Province, situated on a beautiful plain, in a rich soil, and
temperate climate, was, at this period, more than a mile and a
half in length. It was laid out in regular streets, lots, and
squares, having the garrison, and the site of the parliament
house on its two wings, and a market near the centre. There was a
public square open to the water. Many neat and some elegant
houses had been erected. The town had a mixed appearance of city
and country. Kingston was yet the town of most note and indeed,
in every respect, the most entitled to civic consideration of any
town then in the province. Parallel with its spacious and
convenient harbour were the streets, at convenient distances from
each other, and intersected, at right angles, by cross streets,
dividing the town into squares. One square was an open public
area in front of the Court House, and gaol, and episcopal church.
The market was held in that area. But there were other public
buildings in Kingston, besides the Court House, gaol, and
episcopal church. There was a new catholic church, a barracks for
the troops in garrison, an hospital, and a residence for the
commandant. The town consisted of 300 private dwelling houses, a
number of warehouses and stores, about 50 shops, in which goods
were sold, several public offices, a respectable district school,
a valuable library, mechanics’ shops &c. The Court House,
gaol, Catholic Church, and the principal dwelling houses were
built of the bluish limestone obtained in large quantities in the
middle of the town; but were more substantial than elegant in
design. Kingston wanted a populous back country then, and still
wants it because the soil is stoney and not therefore so well
adapted for agricultural operations as the soils of other parts
of the province. The Upper, as well as the Lower province had
profitted by the circulation of army bills and by the
requirements of the troops. Government transactions had given a
spirit to trade and industry, and only for a system of
government, which, as far as any government can do, crushed
enterprise and fettered trade, both provinces would have so
flourished immediately after the war that the reaction which the
withdrawal of a few troops produced would scarcely have been
felt. As matters stood the provinces were already flourishing,
and schemes of improvement were everywhere in contemplation.
Steam navigation, which had proved so useful on the St. Lawrence,
and had, as it were, drawn, the two chief cities of the Lower
Province more closely together, was about to be attempted on Lake
Ontario. Already the keel of a steamboat, to be 170 feet on deck,
was in process of construction at the village of Ernest-town, for
certain gentlemen resident in Kingston. If possible, the new boat
was to transport both goods and passengers for the whole extent
between Queenston and Prescott. It was, however, feared that the
rough water of the lake would be too much for any steamer to
contend against. The Americans were also building a smaller
steamboat at Sackett’s Harbour. A year later and the steamboat
Walk-in-the-Water, plied between Black Rock, near Buffalo
and Detroit, on Lake Erie, occasionally to Michillimackinac.

The legislative affairs of the Upper Province have as yet
hardly warranted comment. There were so very few people in the
province for whom legislation was necessary, and there was so
much sameness about the business transacted in parliament that
comment was barely needful. At first sight it seems that all went
smoothly. There could not have been factionists where there were
no French people entertaining seditious ideas and cherishing
revolutionary projects. But red-tapism is every where the same.
In Upper as in Lower Canada, there were only two legislative
branches, a Lower, or People’s House, a Crown, or Upper House.
There was also a certain amount of Crown influence in the Lower
House, which made constitutional government a sham. The freedom
of speech was not even permitted to some members of the Assembly;
and it was quite impossible to hint at corruption in those times,
far less to insist upon the nomination of a corruption committee.
There was a continued interruption of harmonious intercourse
between the Legislative Council and the Legislative Assembly. As
the Assembly of Lower Canada had done and had been treated with
regard to an offer to defray the expenses of the civil list, so
precisely had the Assembly of Upper Canada acted, and so had they
been treated, when an exactly similar offer was made. And why?
Because the legislative and executive functions were united in
the same persons. His Majesty’s Executive Council was almost
wholly composed of the members of the Legislative Council. Both
Councils then consisted of the Deputy Superintendent General of
the Indian Department, the Receiver General, the Inspector
General, the Chief Justice, the Speaker of the Legislative
Council, and the Honorable and Reverend Chaplain of the
Legislative Council. The Upper House was the mere instrument of
some designing confidential secretary to a weak-minded or, at
least, credulous governor. Nay, it was said that “ruffian
magistrates” abounded in those days along the banks of the St.
Lawrence, from Brockville to Cornwall, inclusive, the
Lieutenant-Governor being held in leading strings, by the
Honorable and Reverend Chaplain of the Legislative Council of
Upper Canada and one of His Majesty’s Executive Councillors for
that province.[31] It is indeed asserted that
after the passage of the Sedition Act of 1804, the misrule of
Upper Canada came to a pitch so extraordinary, that it was
exclaimed against from the Bench, while a jury applauded.
Governor Gore appeared to have been creating at the same time,
and with the same effect, those treasonable practices which were
so pleasing to Mr. Witsius Ryland, in Lower Canada, and which had
evidently been stirred up, by the men-in-office, with the view of
depriving both provinces of the “exact image and transcript of
the British constitution,” with which the Canadas had been
favored in 1791. Until the invasion, in 1811, political
discontent was loud and incessant, as well in Upper as in Lower
Canada; and it was the misrepresentations of the governing party
and the outcries of the governed in both provinces, that induced
the government of the United States to make war, on false
pretences, upon the government of Great Britain. There were
persecutions for opinion’s sake in Upper as in Lower Canada. The
newspaper was as odious to the government in one province as in
the other. In 1806, a sheriff of the Home District, in opposition
to the will of the Governor, voted at an election. He lost the
shrievalty for his stubborn independence. Thrown upon his own
resources, he established a newspaper, which he called The
Upper Canada Guardian, or Freeman’s Journal
. He spoke with
considerable freedom of the governor. He attacked the ministerial
party. He exhibited abuses with wonderful dexterity and skill.
The ex-sheriff, Joseph Wilcocks, was rapidly rising into note. It
was time to restrain him. A Captain Cowan was induced to be his
persecutor. The truth rapidly becoming dangerous to those whose
business consists in concealing the truth, cannot always be told
with safety. Wilcocks alleged that the Governor or his Executive
Council had bribed several members of the Assembly with land, to
induce them to vote against the interests of their constituents.
Captain Cowan knew that the assertion was without foundation.
Wilcocks was prosecuted but was acquitted, gained popularity in
return for his persecution, and ultimately obtained a seat in
parliament. There was no more freedom for Wilcocks in parliament
than out of it. For some extra freedom of speech on the floor of
the House, he was thrust into prison. Nevertheless, he acquired
an ascendancy in the Assembly, to the great regret of the
ministerialists. He became still more the object of governmental
wrath, and when the war broke out, he was deprived of his paper.
In 1812, he fought as a volunteer against the Americans. He was
present at the battle of Queenston. He did all that within him
lay, for his country and for his king; but the government of the
province hated and persecuted him, so that starving and
exasperated,[32] he deserted to the enemy,
carrying with him a corps of Canadians. Joseph Wilcocks, who was
an Irishman of good family, and who was persecuted by the
office-men of Upper Canada, to the prejudice and without the
knowledge of the British government, was driven into hostile
opposition to Britain by the most petty and contemptible tyranny
of a few fellow colonists holding office, and was killed during
the siege of Fort Erie. Had war occurred while Sir James Craig
held Bedard in gaol and kept the Canadien printing press
in the vaults of the Court House, at Quebec, it is difficult to
say whether a feeling very different to that elicited by the
prudent management of Sir George Prevost, might or might not have
been exhibited. The government of the province should from the
very outset have been only responsible to the people of the
province, and Great Britain have only maintained in
acknowledgement of her supremacy a military protectorate of
British North America. But Francis Gore, Esquire,
Lieutenant-Governor of Upper Canada, again met the parliament of
that province, on the 6th of January, 1816. The business done
consisted in an Act to alter the time of holding Courts of
Quarter Sessions in the London and Johnstown districts, an Act to
repeal part of the Act constituting the counties of Prescott and
Russell a separate district, under the name of the District of
Ottawa; an Act to make more effectual provision for the
collection of the revenue; an Act to provide for the appointment
of Returning Officers; an Act to extend the jurisdiction of the
Court of Requests; an Act to provide, for a limited time, for the
appointment of a Provincial Aid-de-Camp, to be appointed by the
Governor, and to have ten shillings a day in war, and five
shillings a day in peace; an Act to provide £165 a year for
the Adjutant-General of Militia; an Act to enable the Governor to
establish one or more additional ports of entry; an Act to
remunerate William Dummer Powell, Esquire, in the sum of
£1,000, for his services in ascertaining titles to land; an
Act repealing part of an Act for granting to His Majesty an
additional duty on shop and tavern licences; an Act to amend an
Act to prevent damage to travellers on the highways; an Act to
grant relief to Catherine McLeod, whose son was killed in war; an
Act to relieve Charlotte Overholt whose husband had been
peculiarly killed; an Act to extend the limits of the town of
Niagara; an Act granting £799, as a provision for the
contingent expenses of both Houses of Parliament; an Act to
relieve persons holding lands in the district of Niagara, whose
title deeds, conveyances, or wills, had been destroyed when the
enemy burnt the town; an Act to continue the Act for the
appointment of Returning Officers; an Act to alter and extend the
provisions of the Act granting pensions to the widows and
children of persons killed in the king’s service; an Act
authorising the construction of a gaol and Court House in the
town of York; an Act to erect the District of Gore out of certain
parts of the Home and Niagara Districts; an Act granting
£425 4s. 6d. to several inspectors who disbursed that
amount for teamwork and the apprehension of deserters; an Act to
revive the Act affording relief to persons entitled to claim
lands in the province, as heirs or devisees of the nominees of
the Crown, in cases where no patent had issued; an Act to grant
annually, for four years, £470, as an increase to the
salaries of certain officers of the Council and Assembly; an Act
granting, £513 for the repair of certain highways; an Act
appropriating £800 for the purchase of books for the
formation of a library for the use of both Houses; an Act to
continue an Act to facilitate the circulation of Lower Canada
army bills; an Act appropriating £2,500 annually for
defraying the expenses of the civil administration of the
government; an Act to increase the salary of the present Speaker
of the Assembly, and to remunerate the present Speaker for past
services, granting £800 as four years’ additional salary,
and, in future, £200 to be paid annually, in addition to
the former annual payment of £200; an Act regulating the
trade between the United States and the province, permitting the
Governor to make regulations as to duties, but not prohibiting
the admission of wheat, flour, peas, beans, oats, barley, and all
other articles of provision and travellers’ baggage; an Act to
continue for a limited time the provisional agreement entered
into between Upper and Lower Canada, relative to duties; an Act
appropriating £155 7s. 3d., to remunerate Elizabeth Wright,
whose husband was a tailor, for militia clothing; an Act
appropriating £1,000 as an encouragement for the
cultivation of hemp; an Act regulating the police within the town
of Kingston; an Act granting to His Majesty duties on licences to
hawkers, pedlars, and petty chapmen, and other trading persons;
£10 to be the cost of a license to a person travelling on
foot; £10 for every horse, ass, mule, or other beast of
burden; £5 for every other beast; £50 for a decked
vessel; £40 for every boat; and for every non-resident of
the province £50 a year; an Act providing a salary of
£500 a year for a Provincial Agent in Great Britain, to
correspond with the Governor and with the Speakers of the
Legislative Assembly and Legislative Council, who was to be
removed on addresses from the Legislative Council and Legislative
Assembly; an Act granting £6,000 to His Majesty for the use
of common schools; to the Home District £600 annually; to
the District of Newcastle £400; to the Midland District
£1,000; to the District of Johnstown £600; to the
Eastern District £800; to the London District £600;
to the Gore District £600; to the Niagara District
£600; to the Western District £600; and to the Ottawa
District £200; an Act granting £21,000 for the
building and repairing of bridges and for the repairing of
highways; an Act granting £1,000 to defray the expenses of
any commission for ascertaining titles to lands in the Niagara
District; and an Act to repeal and amend part of an Act for
laying out and repairing the public highways.

Parliament was again assembled on the 4th of February, 1817,
by Governor Gore, during the session of which an Act was passed
providing for the representation of the commons of the counties
of Wentworth and Halton in parliament; also an Act to establish a
police in the towns of York, Sandwich, and Amherstburgh; an Act
granting to His Majesty £2,578 for the administration of
justice; £900 for the Lieutenant-Governor’s Office;
£737 for the Office of the Receiver General; £2,300
for the Surveyor General’s Department; £650 for the
Executive Council Office; £36 for the Crown Office;
£90 for the Attorney General’s Office; £400 for the
Secretary’s Office; £200 for the Registrar of the Province;
£620 for the Inspector General’s Office; £620 for
pensions to wounded officers; £400 for four clergymen;
£50 for one minister of the Gospel; £200 for repairs
to Government House; and £500 for casual and incidental
expenses; an Act to establish a market in the town of Niagara; an
Act to repeal, amend and extend the Act granting pensions to
persons disabled in the service, and to the widows and children
of persons killed in war; an Act granting £1,576 0s. 8d.
for the clerks and for the contingencies of the last session of
parliament; an Act in part repealing and in part altering and
amending an Act providing for the appointment of parish and town
officers; an Act to continue the Act making provision for certain
sheriffs; and an Act to enable the commissioner of gaol delivery
and Oyer and Terminer to proceed, although the Court of King’s
Bench be sitting in the Home District, for which they are
commissioned.

This parliament was prorogued suddenly and unexpectedly, on
the 7th of April, 1817. The sudden prorogation was resorted to
because the Assembly had, on the 3rd of April, resolved itself
into a committee of the whole to take into consideration the
state of the province. The propriety or expediency of preventing
immigration from the United States, was to be discussed; the
management of the Post Office establishment was to be examined
into; the manner of the disposal of the Crown and Clergy Reserves
was to be looked at; and the granting lands to the volunteer
flank companies, and the incorporated militia who served during
the late war, was to be investigated. It was resolved to present
an address to the Lieutenant-Governor, requesting him to inform
the Assembly, whether any orders had been received from England,
making an allotment of lands to the volunteer and incorporated
militia, who served during the war. The Assembly further resolved
that an Act had been passed in the reign of George the Second,
for naturalizing such foreign protestants as were then or should
thereafter be settled in any of His Majesty’s colonies in North
America; that an Act had been passed in the thirtieth year of the
reign of George the Third, for encouraging new settlers in His
Majesty’s North American colonies; and that these Acts were
expressly enacted for facilitating and encouraging the settlement
of His Majesty’s American dominions.

The good resolutions of the Assembly were, however, frustrated
by His Excellency the Governor, who, having assented to several
bills, and reserved for His Majesty’s pleasure, a bill for a Bank
and another to enable creditors to sue joint debtors separately,
summoned the Commons to the Bar of the Legislative Council, and
thus addressed the Parliament:—The session of the
legislature has been protracted by an unusual interruption of
business at its commencement and your longer absence from your
respective avocations must be too great a sacrifice for the
objects which may remain to occupy your attention. I come to
close the session and so permit you to return home. In accepting
the supply for defraying the deficiency of the funds which have
hitherto served to meet the charges of the administration of
justice, and support of the civil government of this province, I
have great satisfaction in acknowledging the readiness manifested
to meet this exigence.

In this session of parliament, Mr. James Durand, a member of
the Assembly, for Wentworth, was accused of having issued an
address to his free and independent electors, which was a libel
upon the Lieutenant-Governor, and a gross, false, and malicious
libel on the members of the late House of Assembly. Mr. Durand
admitted the publication of the address, but denied that he had
spoken disrespectfully of the Governor, and asserted, on his
honor, that he never had any intention of doing so. If any
gentleman, however, believed that he had abused him, whether
intentionally or unintentionally, he was prepared to give him
that satisfaction which was due from one gentleman to another.
Mr. Nichol was surprised that any gentleman should have made an
appeal to the laws of honor. The people of Wentworth had sent Mr.
Durand to parliament to be their legislator, not their gladiator.
Mr. Jones adduced authority from Blackstone to prove the right of
the House to enquire into the libel—to prevent bloodshed.
Mr. Durand contended that the House had no authority to try him,
and even if it had, the jury should be impartial, whereas several
members of the House felt themselves to be implicated in the
charge against him. Mr. Nichol considered that honour demanded
that all the members should remain to decide the question. Mr.
Durand protested against his accuser, and spoke flatteringly of
the Governor, whom he had not calumniated. Mr. Speaker rose to
say that no explanation to the House would do away with the
malice of the publication. The paper was before the world, which
would draw its own inferences. He thought there was no doubt
about its being a libel on the Lieutenant-Governor and the
Honorable the Legislative Council, but he was not prepared to say
how far the House could take cognizance of a libel against any
former House of Parliament. A false, scandalous and malicious
libel was accordingly reported. Mr. Nichol moved for Mr. Durand’s
committal to gaol. Mr. McNabb moved in amendment, that Mr. Durand
be required to appear at the Bar of the House and apologize, the
apology to be published in the Upper Canada Gazette, St.
Catherines Spectator
, and the Montreal Herald, which
amendment was lost by a majority of three against it. The
original motion was carried by the same majority, when Mr. Nichol
moved for the commitment of James Durand, Esquire, to the common
gaol of the district, during the session, which was carried in
the affirmative, by a majority of four!

His Excellency, Francis Gore, soon after this returned to
England, and was prosecuted in London, by the Surveyor-General of
Upper Canada, whom he had deprived of office maliciously and
without cause. The Court in London gave Mr. Wyatt, as plaintiff,
damages to the amount of £300.[33] . Governor
Gore was succeeded in the administration of Upper Canada, by the
Honorable Samuel Smith, on the 11th of June, 1817. The Little
Pedlington proceedings of the Upper Canada parliament, during
this reign, are hardly worthy of remark. The same spirit still
continued to actuate both Council and Assembly, and the Governor
lorded it over both. The voice of the people was remarkable for
nothing but its weakness.

Sir John Sherbrooke met the parliament of Lower Canada again
on the 7th of January, 1818. He informed the Houses that he had
distributed the seed wheat and other grain, for which a large sum
had been voted during the previous session, so immediately that
the relief had been attended with the happiest consequences. He
had been commanded by the Regent to call upon the provincial
legislature to vote the sums necessary for the ordinary
expenditure of the province. He would lay before the Assembly an
estimate of the sums required. He would also submit the accounts
of the revenue and expenditure for the past year. And he
anticipated a continuance of that loyalty and zeal which had
prompted the Assembly to offer to meet the expenses of the
government. The Assembly were proud that their offer had been
accepted. The public was satisfied that the settlement of the
civil list, and the control of the public expenditure, should
rest with the Assembly, and the reply to the speech from the
throne was a simple affirmative. Sir John Sherbrooke had informed
Lord Bathurst that the permanent expenditure actually exceeded
the revenue by nearly the sum of £19,000 a year; and that
there was a debt due to the provincial chest from the imperial
treasury of £120,000. The salaries of the clergy and
pensioners never had been laid before the Assembly, but had been
thrown into a separate list, and although paid in the first
instance out of the civil chest had, nevertheless, invariably
been provided for out of the extraordinaries of the army. He
further informed the secretary for the colonies that, in his
opinion, it was desirable that the civil list should be wholly
provided for by the province. Lord Bathurst did not fail to take
into consideration the accumulation, during four years, of the
annual excess of the actual expenditure, beyond the appropriated
revenue of each year. He quite concurred in the opinion expressed
by Sir John Sherbrooke, that the annual settlement of the
accounts of the province and the government at home would have
been at once the most expedient course and most likely to prevent
any interruption of a mutual good understanding. Short accounts
make long friends. As related to the past, it was a question
whether the legislature might not fairly be considered as having
sanctioned the appropriation, the extra appropriation of the
funds, by not objecting to it, when submitted to their notice, or
whether any further measures were required for legalizing the
appropriation itself, or for repaying the debt, which, under
other circumstances, might be considered due to the province.
With respect to some part of the expenditure, the silence of the
legislature must be interpreted into an approbation of it, for
they could not but think themselves bound to make good the
deficiency of the funds appropriated by themselves to specific
objects, such as the charge for the Trinity House, and the
payment of the officers of the legislature, which had uniformly
exceeded the funds raised under the Imperial Acts. He saw no
objection to considering the silent admission of the accounts,
submitted to them, as an implied approbation of the accounts
themselves, and of the manner in which they had been discharged.
But with respect to the future, he considered it advisable that
the legislature should be annually called upon to vote all the
sums required for the annual expenditure of the province. The
House was to be prepared for the probable contingency of voting
that part of the civil list which provided for the stipends of
the Roman Catholic Clergy, and omitting the other part which had
reference to the Protestant establishment. The Governor in such
case was to use every means in his power to prevent a partial
provision from passing the Upper House, and if it did pass there,
he was to withhold his assent. He called the Governor’s attention
to the necessity of vigilantly watching and guarding against any
assumption, on the part of the Legislative Assembly, of a power
to dispose of money, without the concurrence of the other branch
of the legislature. This great concession, with which every body
was so pleased, was due to the sagacity of Sir John Sherbrooke.
He saw how easily it was to be turned to favorable account. He
saw that the Assembly would be extraordinarily well pleased; and
he further saw that the full power of the public chest was all
that the Assembly required to be fully in the power of the
government. In a word, they only needed the money power to
corrupt and to be corrupted.

An address to the Governor was next adopted, requesting His
Excellency to state whether or not the Prince Regent had
forwarded to him instructions concerning the impeachment of the
Honorable Louis Charles Foucher, one of the Judges of the King’s
Bench. Sir John Sherbrooke had had a conversation with Mr. Ryland
on the subject. The Clerk of the Executive Council, and member of
the Legislative Council, had even put his opinion in writing,
respecting the mode in which it might be most advisable to carry
into execution the instructions contained in the despatch of Lord
Bathurst, dated on the 5th of July, 1817. He was strongly of
opinion that the advice given to Sir John to convey a judicial
power to the Legislative Council, by commission, was founded in
error. The House of Assembly had acquired, by dint of
perseverance, and a gradual exercise of privilege, during a
period of six and twenty years, some of the most important
privileges that attached to the House of Commons, one of which
was the power of preferring impeachments against such public
officers of the Crown in the colony as they might deem deserving
of punishment or removal from office; and, as a counterbalancing
influence, in the case of Mr. Justice Foucher, and in all similar
cases of impeachment by the Assembly, the adjudication of the
charges preferred against the party accused was to be left to the
Legislative Council, it being added to the instruction, as a
reason for the concession, that the party accused could sustain
but little injury from a temporary suspension, while, if
ultimately pronounced guilty, the advantage of an immediate
suspension was unquestionable. Mr. Ryland conceived that no other
power or privilege was, however, intended to be conveyed by the
despatch to the Legislative Council than that of sitting, as
grand jurors of the province, upon accusations brought by the
Assembly against the public servants of the Crown, and that if
the charges brought by the Lower House were considered by the
Council as valid, His Majesty would then exercise the Royal
Prerogative, either by suspending from office or dismissing from
his service the party accused. He was strongly of opinion that a
communication of the substance of that despatch by a
solemn message to both Houses of the Provincial
Parliament, would be the utmost that either House could
reasonably require to enable them to proceed to a final
adjudication, as far as the Crown intended they should proceed,
upon accusations preferred against individuals by the Assembly.
He was astonished at the line of argument adopted before His
Excellency for the purpose of forcing an analogy between the
Court of the Lord High Steward of England and that which it was
proposed to establish in Canada. The High Court of Parliament
took cognizance only of crimes committed by Peers of the realm,
upon indictments previously found in the inferior Courts. He
contended that Sir John Sherbrooke was not empowered to
constitute any tribunal but for the trial of offences recognised
as such by statute or common Law. If Mr. Justice Foucher was
accused of any such offence, the ordinary tribunals of the
country could take cognizance of it and inflict punishment. Mr.
Ryland was deeply impressed with the idea that the longer or
shorter continuance of the province as an appendage to the
British empire would be dependent on the events of the present or
coming session of parliament. Mr. Ryland did not relish the idea
of the Legislative Council being deprived of its
constitutional character by the supposition even that it
might be compelled to adopt a course of proceeding contrary to
its own judgment. He thought that the Legislative Council ought
to be made parties to any accusation adduced against a public
officer by arrangement. There was no precedent for a commission,
and indeed, Mr. Ryland was in every way opposed to the plan of
leaving to the Legislative Council the adjudication of charges
preferred against public officers by the Assembly. Sir John
Sherbrooke could not understand the reasoning of Mr. Ryland. He
agreed with the Clerk of the Executive Council that a great
change was to be brought about in the system of the provincial
government, especially with respect to its finance; but, when it
was considered that the mother country was “at present”
struggling with pecuniary embarrassments, it was not surprising
that ministers should call upon the colonies to contribute to
their own support. It was very obvious that, ever since the
present constitution had been given to Lower Canada, the House of
Assembly had been gradually obtaining an increase of power,
whilst the Legislative Council remained in statu quo. The
proper balance had consequently been lost and he knew of no
better mode of giving new weight and importance to the Upper
House than the measure devised by the Prince Regent that as often
as the House of Assembly should impeach, the Legislative Council
should adjudicate upon the case, and the Council having declared
that they had not the power to do so, some more formal instrument
than a letter from the Secretary of State to the Governor, to
invest the Council with the necessary authority to act, would be
required. To the address of the Assembly an answer was given in a
message to both Houses. The message intimated that the
adjudication of impeachments by the Assembly was to rest with the
Legislative Council; that the Regent trusted that the Council
would discharge the important duties which thus devolved upon
them in such a manner as to give satisfaction to all classes of
people in the province; and that the Governor, not having had
instructions, as to the manner in which the adjudications were to
be conducted, would apply to the Regent for instructions and
communicate them as soon as obtained. The House of Assembly did
nothing, as the wisest course to be pursued, and the Council, now
almost raised to a level with the House of Lords, in its own
estimation, expressed its thanks in a series of resolutions
offered by Mr. Ryland, for the confidence which His Royal
Highness had reposed in it. Mr. Ryland and some other members of
the Council were most anxious to adjudicate upon Mr. Foucher’s
impeachment at once; but, says the Clerk of the Council, in a
letter written subsequently to Colonel Ready, the resolutions
offered by me, which would have been adopted by a majority of the
legislature, were stifled or repressed by artful and solemn
asseverations made in the House for the purpose of inducing a
belief that the state of the Governor’s health was such that a
further agitation of the business might endanger his life! And so
ended the Foucher impeachment matter for a time. An Act was
passed for the incorporation of a company to construct a
navigable canal, on the Richelieu, from Chambly to St. Johns, a
work subsequently undertaken and completed by the province, on a
very inadequate scale, inasmuch as the canal was only
sufficiently large for batteaux, instead of being of a size which
would have permitted steamboat communication between Quebec,
via Sorel, and the towns on Lake Champlain. The estimates
for the civil list amounting to £73,646, were voted after a
debate of a week; a night watch and night lights were provided
for in Montreal and Quebec; an Act was passed for the
encouragement of agriculture, and commissioners appointed to
improve the communication, by water, between Upper and Lower
Canada; an attempt was made to indemnify the members of the
Assembly; and the public accounts being submitted, the revenue
for 1817 appeared to have been £108,925 currency, and the
expenditure £116,920 sterling, including £19,426
owing to Upper Canada for duties in 1816. The expenses of the
legislature amounted to £16,173, including £3,945 for
books purchased for the library of the Assembly.

Sir John Sherbrooke, was so very ill that he found himself
unable to go down to the Council Chamber to prorogue the
parliament. He was, therefore, waited upon by the members of both
Houses, at the Castle of St. Lewis, and there the prorogation
took place sans cérémonie.

Business had been rather brisk this year, but out of
parliament, and away from St. Peter street, there was no stir of
any kind. The newspapers contented themselves with retailing news
from the continent of Europe, six months old, and the inhabitants
of town and country unconcernedly watched the rising and the
setting of the sun, or endeavored, as an antidote to the
tedium vitæ, to count the number of the stars at
night. Three hundred and thirty-four vessels of 76,559 tons
burthen, including one vessel built at Quebec, cleared at the
port, and a duty of 2½ per centum was levied on goods,
wares, and merchandise, amounting to £672,876. There was
one matter, which, however, created a little talk about town.
Mrs. Montgomery, widow of the late General Montgomery, who fell
on the night of the 31st of December, 1775, while leading on a
storming party of Americans at the Près-de-Ville,
Quebec, applied to Sir John Sherbrooke for the remains of her
husband, which had been buried somewhere in the neighborhood of a
powder magazine. The request was complied with. On the 16th of
June, the exhumation of the body, in the presence of Major Freer,
who was on the staff of the Governor, of Major Livingston, a near
relative to Mrs. Montgomery, and of some other spectators, took
place under the direction of Mr. James Thomson, of the Royal
Engineer Department, one of the followers of General Wolfe, who
forty-two years previously to the application for the body had
buried the General with his two Aides-de-Camp, Cheeseman and
McPherson, beside him, where the military prison, near St. Lewis
Gate, now stands.

Sir John Sherbrooke was, at his own request, recalled. His
health had been indifferent for some time. He was relieved of his
government soon after he had requested to be so by His Grace the
Duke of Richmond. Sir John sailed for England on the 12th of
August, with his character either in a military or civil point of
view untarnished. Richmond, Lennox and Aubigny, the new
Governor-in-Chief, had been Lord Lieutenant General of Ireland.
His hereditary rank, his previous position, as well as his
present station obtained for him a consideration greater than any
mere military knight could reasonably look for. He was
accompanied by Major-General Sir Peregrine Maitland, K.C.B., his
son-in-law appointed to the Lieutenant-Governorship of Upper
Canada. His Grace was looked upon indeed as a semi-deity. But the
Duke was exceedingly poor, and perhaps owed his own appointment
as well as that of his son-in-law, as much to the influence of
the Duke of Wellington, who was his friend, as to his own. He
summoned the legislature of Canada together on the 12th of
January, 1819, but merely intimated that the Queen had died, and
adjourned the public business, out of respect to Her Majesty’s
memory, until the 22nd of the month. The opening speech on that
day was a wretched affair. The Duke did not recommend anything
beyond a provision for the expenses of the civil government,
which the illness of Sir John Sherbrooke had prevented him from
completing; and the reply to his Grace was as tame as His Grace’s
speech. It was very like two individuals in meeting, saluting
each other with the words—”good morning, Sir,”—”a
good morning to you, Sir,”—”shalom elachem,” as the
Jew has it, to be returned with “alaichem shalom,” “peace
be unto you,”—”with you be peace.” His Grace was not slow
in submitting the estimates of the expenses of the civil
government for the year 1819. Instead of £73,646 currency,
as before, the estimate was now £81,432. The House could
not understand the sudden increase. Was it necessary to pay
£15,000 extra for a Duke? That was gracious goodness to an
appreciable extent! The estimate was referred to a select
committee, who were to make as ostensible as possible the
necessity for the increased demand, and if that could not be
done, to say why not. The committee reported that the interests
of the country would best be served by making an unqualified
reduction of those sinecures and pensions, which, in all
countries had been considered the reward of iniquities, and the
encouragement of vice, and which had been and still were subjects
of complaint in England, and would, in Canada, lead to
corruption, and that too while the estimates contained the item
of £8,000 sterling a year, to be placed at the disposal of
His Majesty’s representative, for rewarding provincial services,
and for providing for old and reduced servants of the government
and others. Mr. Ryland had already been in correspondence with
the Duke’s Secretary, Colonel Ready, and hence the provision in
the civil list for decayed servants of the government. When this
manœuvre failed, an attempt was made to obtain a permanent
provision for the civil government of the province, during the
reign of the sovereign, and that failing, another was made to
vote the civil list money en bloc; but the Assembly would
only listen to one proposition, however democratic it might be,
and that was to vote the civil list annually, item by item, so
that the House might increase or diminish particular salaries at
will. The Assembly then went through the civil list, affixing to
each office a salary, and passing over without any appropriation
such offices as were either positive sinecures or little else. A
bill was introduced and carried through the third reading,
granting to offices particularly specified, particular salaries.
It was sent to the Legislative Council for concurrence, and was
there at once rejected. The Council looked upon the mode adopted
by the bill of granting a supply to His Majesty as unprecedented
and unconstitutional, as an assumption of the prerogative of the
Crown, as calculated to prescribe to the Crown the number and
description of its servants, and as certain to make the Crown
officers dependent on an elective body, whereby they might be
made instrumental in overthrowing the Crown itself. Thus was the
civil list bill lost. A company was incorporated to construct a
canal between Montreal and Lachine. £3,000 was appropriated
towards the apportionment of lands to the militia who had served
during the war; and Pierre Bedard, Esquire, Judge for the
District of Three Rivers, was impeached by Mr. C. R. Ogden. Mr.
Ogden accused Bedard of prostituting his judicial authority to
the gratification of personal malice; of tyranny; of imposing
fines upon his enemies on pretence of punishing contempts of
Courts; of uttering expressions derogatory to the other judges of
the Court in which he sat; of having accused the barristers of
Three Rivers frequently of high breaches of moral and
professional rectitude; of having wickedly imprisoned in the
common gaol of Three Rivers, Charles Richard Ogden, Esquire, then
and still being His Majesty’s Counsel for the said district, for
an alleged libel and contempt against the provincial Court, in
which Mr. Bedard was the judge; for having illegally fined Pierre
Vezina, Esquire, an advocate practicing in Court, ten shillings,
for pretended contemptuous conduct; and for having grossly and
unjustifiably attacked the character of Joseph de Tonnancour, a
barrister. The articles of impeachment were referred to a
committee which reported in favor of the judge, and the House did
not, therefore, impeach him.

While this was going on a message was received from His Grace
the Governor-in-Chief, acquainting the members of the Legislative
Council that the commands of the Prince Regent had been received
respecting the proceedings of the Assembly against Mr. Foucher.
The Regent directed that the Assembly, previous to any ulterior
proceeding, should lay before the Governor-in-Chief such
documentary evidence as they might consider adequate to support
the charges which they had brought against Mr. Justice Foucher,
and that copies of such charges, of such documentary evidence,
and of the examination already taken and annexed to the charges
should be then transmitted by His Grace the Governor-in-Chief to
Mr. Justice Foucher for his answer and defence, which answer and
defence would be submitted to the Assembly for their reply, when
the whole of the documents would be submitted to the Regent for
such further course as the case might require. The Legislative
Council were quite shocked at this message. They had been told
that they might adjudicate upon cases of impeachment, and now it
was commanded that they should gather evidence and send it to the
Regent for adjudication. The Council dutifully remonstrated,
feeling it due to itself to state to His Grace that at the time
of receiving the late Governor’s message it was prevented from
taking more upon itself than to return its humble thanks for the
“decision” of His Royal Highness the Prince Regent, on the
subject of its address of the 3rd of March, 1817, by
representations made in the Council, that the state of His
Excellency’s health was such that a further agitation of the
business at the moment might endanger his life. But the House
confidently relied on the communication, contained in the
message, that the “arrangement” therein announced with respect to
the adjudication of impeachments by the Council was final.
If representations had subsequently been made tending to withdraw
from the Council the favor and confidence of the Crown, all doubt
would be removed by the communication which they solicited from
His Excellency as to the Royal intervention, and the House would
finally be able, with His Grace’s powerful support, to secure the
full and free exercise of a privilege, without which the balance
of an admirable constitution would be destroyed, and the second
estate of the provincial legislature be reduced to insignificance
and contempt. The answer to this address was most emphatic. Mr.
Justice Foucher was ordered to resume his functions as a Judge of
the Court of King’s Bench, at Montreal; and the Duke turning from
the Council, drew the attention of the Assembly to the necessity
which existed for a reform in the judicature. The Assembly had
indeed already expressed an opinion to the effect that it was
necessary for the independence of the judges that they should not
be withdrawn from their judicial duties by holding any other
offices in the civil administration of the government. The House
of Assembly paid very little heed, however, to the recommendation
of the Duke. There was, indeed, no ministry in the confidence of
the majority to originate any business in the Lower House, and
for one of a minority, the creature of the government in the
Assembly, and without the shadow of influence in it, to take the
matter up, would have been worse than useless. The Lower House
was, indeed, like a ship without a helm. It was uncontrollable.
All that a governor could do was to look upon the most popular
man in the Assembly, as if he were a minister of State, and
govern in such a manner as to suit his views. The expediency of
erecting the Eastern Townships into a judicial district had been
represented to the Assembly at its previous session. It was
considered a denial of justice to require people situated as the
Eastern Township farmers were, in a new and rather far off
country, when the want of good roads is considered, to sue and be
sued in the Courts of Montreal, Three Rivers, or Quebec. But they
stirred not. They merely appointed a committee to draw up a
statement of the receipts of the provincial revenue of the Crown,
and of the disbursements by the Receiver General from the date of
the constitution to 1819; and also a statement of all the
appropriations made by the legislature, and of the amount paid
upon each of them by the Receiver General, the balance to be
stated and the monies to be counted. There was evidently a
suspicion in the minds of some of the members of the Assembly
that the National Bank had been paying interest out of the new
deposits and that the managers were living in the same style of
novelty. However that may have been, the business of legislation
was now concluded, and His Grace the Duke of Richmond, Lennox and
Aubigny, Governor-in-Chief of Canada, and Captain General of
British North America, came down to the Legislative Chambers in
State. He took his seat upon the throne quickly. He seemed to
speak to his attendants testily. He sent for the Commons
impatiently. And he looked sternly. Colonel Ready, as soon as the
Commons had appeared, handed His Excellency, who was not
particularly gracious, a paper to read. “Gentlemen of the
Legislative Council,” were the first words uttered, and all eyes
were upon the Duke. “You have not disappointed my hopes. I
thank you for your zeal and alacrity. Gentlemen of the
Assembly:—It is with deep concern that I cannot thank you
in connection with the result of your labors and of the
principles upon which they rest. You proceeded to vote a part of
the sum required for the expenses of 1819, but the bill of
appropriation which you prepared was founded upon such principles
that it had been most constitutionally rejected by the Upper
House, and so the government has been left without the supplies
necessary for the support of the civil administration for the
ensuing year, notwithstanding the voluntary offer given to the
King in 1810.” His Grace had recommended by special message the
consideration of the Judicature Act so that it might be amended,
and the Assembly had not even proceeded with it so far as to
enable the Governor-in-Chief to transmit the result of the
parliamentary proceedings to the King’s ministers, with the view
of obtaining the opinions and assistance of the law officers of
the Crown in England. He did trust, therefore, that at an early
day in the next session the matter would be proceeded with. He
had assented to the militia bill with reluctance. It was not
necessary that the officers should be natives of the province.
There were many half-pay officers of the army who were much
better fitted for holding commissions in the militia than wealthy
habitants were; and there were clerks, and other
enterprising young men about cities and towns, who, on any
emergency, were equally as well adapted for officers of militia
as any seigneur whatever. The population of the province
afforded excellent materials for a defensive army, but a general
and proper selection of officers was necessary to make it
formidable to an active and enterprising enemy. The selection of
officers must only belong to the executive power. This speech did
not raise the Duke of Richmond in the estimation of the Commons
of Canada. Some were inclined to laugh at His Excellency, while
not a few were offended. His Grace had been evidently tampered
with. He was not looked upon as a free agent. While perfectly
willing to defray the expenses of the civil administration, the
Commons felt no disposition to build up a pension list or to be
in any way burthened with life annuities to officers of the
imperial army, for whom the imperial government was bound to
provide. All the officers required in the civil government of the
country, the Commons were prepared amply to remunerate, but they
were not at all prepared to award salaries for the perpetuation
of sinecure offices, the holders of which had never set a foot in
the country. The Commons, in a word, desired to have some control
over the government itself, as, in a free country all power
should proceed from the people. This was denied to them. They
were required to do whatever the government desired, and refusing
obedience, they were castigated, castigated by the representative
of the sovereign of a free country, of which Canada formed a
part. In spite of this rugged mode of governing, the country was
nevertheless, making progress. Business was brisk. The population
was rapidly increasing. A steamer had been placed on the Ottawa.
The Rideau Canal to connect the Ottawa with Lake Ontario, at
Kingston, had been commenced, at the expense of the imperial
government, as a military work. Quebec contained 2,008 houses,
and a population of 15,257 souls, of whom 11,991 were Roman
Catholics, and 3,266 were Protestants. Four new vessels had been
built at Quebec in the course of the past year, and 409 vessels
of 94,657 tons of shipping had been cleared at the port of
Quebec, while merchandise to the amount of £772,373 had
been imported. The gross revenue amounted to £58,332
sterling for Lower Canada, and £18,673 sterling for Upper
Canada. The expenditure amounted to £127,379 sterling,
including £9,720 for the purchase of seed wheat in 1817;
£45,270 in payment of army bills: £14,988, the fifth
of the whole duties collected for 1817 and due to Upper Canada,
by agreement. The cost of mere legislation was this year
£13,420 currency. In 1819, from the opening of the
navigation to the 12th of October, 612 vessels had arrived, and
12,434 immigrants had come to enrich the country by their labor
and benefit trade by their necessities.

In the Lower Province two Banks had already been established;
there was now one in operation at Kingston, in Upper Canada. It
is not a little curious, however, that when efforts were first
made to establish the Kingston Bank the current of public opinion
set so strongly against the measure, that although supported by
men of intelligence and respectability, it was abandoned without
the presentation of petitions to the legislature. A bill, as may
have already been perceived, was, nevertheless, passed, for the
incorporation of the bank, but reserved for His Majesty’s
pleasure by Governor Gore. The roads, in Upper Canada, were at
this period so indifferent that there were but few common
carriages, while the inns were so indifferent that in the summer
season travelling was for the most part accomplished by water.
Indeed the facilities afforded by water for travelling in some
very considerable degree impeded the improvement of the roads,
between towns situated very far apart.

Sir Peregrine Maitland having assumed the government of Upper
Canada, met the parliament of that province, for the first time,
on the 12th of October, 1818. His “maiden” speech from the throne
was noticeable for the remark that parliament would feel a just
indignation at the attempts which had been made to excite
discontent and to organize sedition, accompanied by the hint and
suggestion that should it appear to parliament that a convention
of delegates could not exist without danger to the constitution,
in framing a law of prevention, parliamentary wisdom would be
careful that it should not unwarily trespass on that sacred right
of the subject to seek a redress of his grievances by petition.
Mr. Robert Gourlay, of Craigrothie, Fifeshire, in Scotland, had
emigrated to Upper Canada, with the view of settling himself and
family and indeed of making a settlement in some suitable spot.
Mr. Guthrie had peculiar ideas with regard to emigration, free
trade, and liberty of speech. He was a democrat, but not, by any
means, a republican. He was not politically connected with either
Cobbett or Hunt, although he seems to have known both of these
gentlemen. He was not in the habit of attending such meetings as
those that were held at Spa-fields and were then termed “radical”
meetings, although he had been at a meeting in Spa-fields. He had
been both in Ireland and in the United States, but he was neither
an Irish rebel nor an American revolutionist. He had only a bee
in his bonnet, which has since buzzed in the bonnets of a very
great number of men, whose loyalty or patriotism has not been
even doubted, and, who, consequently, have never been marked
“dangerous” by a colonial Justice of the Peace. Mr. Guthrie
conceived that Canada was capable of absorbing about 50,000 of
the poor of England, Ireland, and Scotland, annually; that a land
tax was preferable to taxes on trade and manufactures, especially
in a new country; that there should be three description of
roads—provincial, district, and township; that it would be
advantageous to connect the lakes of the St. Lawrence together,
and permit the free navigation of the Canadian inland waters from
Lake Superior to the sea; that free trade should exist; and that
there should be no hindrance to the expression of public opinion,
however offensive to the authorities such public opinion might
be. Mr. Guthrie arrived in Canada in the summer of 1817, and
after looking around him, determined upon establishing himself as
a land agent. He had, in truth, conceived schemes for a grand
system of emigration, and set about obtaining statistics with the
view of setting forth the capabilities of the country to the
people of England. He addressed the landowners of Upper Canada
for information. He sent circulars to the people, but
unfortunately made allusion to the able resolutions brought
forward at the close of the last session of the provincial
parliament. He brought the matter before the parliament itself,
but that body having been suddenly prorogued, by Governor Gore,
the idea of a convention suggested itself to Mr. Gourlay. The
Executive of Upper Canada took alarm. The desire, for a knowledge
of the condition, circumstances, and requirements of the
townships and districts, was in connection with some radical
schemes for upsetting British authority in the Canadas. Mr.
Guthrie was misrepresented and, with the view of creating a
general panic, he was arrested. Nevertheless, deputies were
chosen and a convention was held at York. In this convention the
political restraints to which the colonists were liable were
fully discussed. There was undoubted mismanagement on the part of
the executive government, and Gourlay advised a petition to the
Prince Regent, soliciting the appointment of a commission from
England to make enquiries. Such a proposal could not fail to give
offence. Gourlay was arrested and carried before the most
virulent of his political enemies. He was tried and twice
acquitted, but the London Courier, of the 8th of July,
1818, arrived, in which he was alluded to as “one of the
worthies, who had escaped after the disgraceful
proceedings of Spa-fields.” That was enough. Mr. Gourlay was
brought before a magistrate, Mr. Dickson, M.P. “Do you know Mr.
Cobbett?” asked the magistrate. “Yes,” answered the culprit. “Do
you know Mr. Hunt?” “Yes.” “Were you at Spa-fields?” “Yes.” “Were
you ever in Ireland?” “Yes.” “Were you lately in the Lower
Province?” “Yes.” “Were you lately in the United States?” “Yes.”
“Was it you that wrote the article in the Spectator,
headed “Gagged, gagged by jingo?”” “It was.” “Then,” said Mr.
Dickson to his fellow magistrates, “it is my opinion that Mr.
Gourlay is a man of desperate fortune, and would stick at nothing
to raise insurrection in the province.” He was committed to gaol
charged with treasonable practices! There was then, indeed, no
real liberty in the province, and Mr. Gourlay had made use of
words which only could be used safely in England. The magistracy
were completely in the hands of the Executive Council, and a
considerable number of both Houses were inclined to do whatever
they were ordered. Indeed there were few politicians in the
country, politics not having yet become a trade. The Commons
replied to Sir Peregrine Maitland just as he wished. They were
convinced that a convention of delegates could not exist without
danger to the constitution. Nay, they even went further, and on
the 19th of October, presented an address expressing just
indignation at the systematic attempts that had been made to
excite discontent and organize sedition in the province, and they
deeply regretted that the designs of one man should have
succeeded in drawing into the support of his vile machinations so
many honest men, and loyal subjects of His Majesty. A bill was
passed indeed to prevent the organization of persons, who might
degrade the character of the province, and after assenting to
several bills Sir Peregrine Maitland closed the session by
thanking parliament for the seasonable aid of “An Act for
preventing certain meetings within the province.” He conceived
that if the people were aggrieved they could send a petition to
the foot of the throne. The Surveyor General’s Department was to
be abolished. He was proud of the sentiments expressed by the
House of Assembly and would send them to His Majesty’s
government. Had the public mind been tranquil, he would have
brought before the Houses a few objects of general importance,
one of which was a remedy for the unequal pressure of the road
laws. Mr. Gourlay was retained in gaol, then ordered to leave the
province, and, on refusing to go, was tried for disobeying an Act
of parliament. He was forcibly ejected from the province, and it
was not until 1847 that the province of Canada offered him
redress in the shape of a pension of some fifty pounds a year,
Mr. Gourlay being then resident in Scotland. Governor Maitland
again met the parliament of Upper Canada on the 7th of June,
1819. He informed the parliament that the Queen had closed a long
life, illustrious for the exemplary discharge of every public and
private duty; that the Regent had authorised the governors of
both Canadas to bestow lands on certain of the provincial army
and militia, “which served” during the late war; that recent
purchases from the natives had been so far effected, as would
enable him to set apart tracts in the several districts, to
accommodate such of their respective inhabitants as were within
the limits of the royal instruction; but that he (Governor
Maitland) did not consider himself justified in extending that
mark of approbation to any of the individuals, who composed the
late convention of delegates, the proceedings of which were
properly the subject of very severe parliamentary animadversion.
The royal assent had been given to the bill for the establishment
of a provincial bank, but, from some delay, it did not arrive in
time for promulgation, within the period limited by law; the form
of an enactment would, therefore, be necessary to render it
available. He was deeply impressed with the necessity of an
amendment to the road law; neglected grants of an early day were
becoming a serious evil. The exemption of any land belonging to
individuals, from the operation of the assessment law, was found
to be detrimental: a new bill so modified as to protect the land
from sale by distress until due notice could be given to the
proprietors would receive His Majesty’s assent. The public
accounts would be laid before the House of Assembly with the
estimates for the ensuing year. The growth of the province in
population and wealth, justified a reasonable expectation that
the measures adopted to encourage it would receive the fullest
support: and the expediency of affording the new settlers,
situated remotely from the great lakes and rivers, an easy
approach to market was apparent, and with other matters would, he
hoped, be attended to. The speech in reply was satisfactory, but
there was an under current of public opinion, not quite so
satisfactory. It was considered that Governor Maitland had
exceeded his authority in withholding in part that which the
Regent had instructed him not to withhold at all. Conventions
were not illegal. The right to meet and discuss public measures
had never been called in question. The convention was composed of
men who were altogether loyal. To upset the government of the
province or to get rid of imperial authority was never
contemplated. All that the members of convention desired was the
repeal of several grievances, and they meant only to petition the
Regent for their removal. The executive influence in the
legislature was overwhelming and mischievous. The governor had
not only the disposal of every civil office, and of every civil
and military commission, but of land to a boundless extent. That
influence had been repeatedly misapplied. The lamentable effects
of such a misapplication of influence had been too frequently
witnessed. Public duty was neglected. The whole face of the
country was pining with disease. Nature was everywhere struggling
with misrule. And civilization itself was on the decline. In
Upper Canada the image and transcript of the British constitution
was now only reflected by Major-General Sir Peregrine Maitland,
and five executive councillors. Legislation was embraced in a
governor’s speech from the throne.

About the time of the prorogation of the session, His Grace,
the Duke of Richmond, came to Upper Canada, on a tour of
inspection. His Grace and his son-in-law went to Niagara
together. Important internal improvements were contemplated, and
the two governors were desirous of ascertaining how they might be
effected. The Duke, after a short stay in Upper Canada, bade
farewell to his relative, and, with Colonel Ready, his secretary,
was on his way to Quebec, when, somewhere between Kingston and
Montreal, he became seriously ill. It is not very certain what
ailed him. He was said to have been bitten by a fox. However, he
died, in a few hours, of excruciating suffering. He supported,
for the brief period, a disease, supposed to be hydrophobia, with
undaunted constancy, and yielded up his spirit on the 28th of
August, 1819. His remains were brought to Quebec, and there
interred with great pomp and ceremony, beneath the altar of the
Church of England Cathedral, but as yet no monument has been
erected to his memory.

The administration of the government of the province of Lower
Canada was, on the death of the Duke of Richmond, assumed by the
senior member of the Executive Council, Mr. Monk, and President
Monk issued his proclamation to that effect, on the 20th of
September. He summoned the legislature to meet for the despatch
of business on the 21st of February, 1820. Mr. Monk had, however,
hardly assumed the government when Sir Peregrine Maitland arrived
in Quebec, from Upper Canada, to take the administration of
affairs into his hands, according to instructions which, on his
appointment to the Lieutenant-Governorship of Upper Canada, he
had received from the imperial government. He did not stay long.
He merely advised Mr. Monk, whom he left in charge of the
government, and on the 9th of February he set out again for Upper
Canada, to dissolve the parliament. The existing parliament had
been very refractory and had been admonished even by the late
Governor-in-Chief. The Parliament was dissolved and writs for an
election, returnable on the 11th of April, issued. Gaspé
being very remotely situated was an exception. The Gaspé
writ was not returnable until the 1st of June. Nothing was gained
to the administration by the resort to dissolution. The new
parliament was even more hostile to the government than the old
one. The people approved of the course pursued by the late
Assembly in the matter of the civil list and indeed approved of
their proceedings generally. Sir Peregrine returned to Quebec on
the 17th of March, after he had prorogued the parliament of Upper
Canada, and having assumed the management of the public business,
he convened the parliament on the 11th of April, the very day on
which the writs were returnable, Gaspé only excepted. He
opened the House with a speech remarkable for nothing but its
brevity. Mr. Papineau was re-elected Speaker and the choice
approved of. But this was no sooner done than the Assembly found
themselves incompetent for the transaction of business. The House
must, by law, consist of fifty members, and only forty-nine had
been returned. The Gaspé writ was not returnable until the
1st of June. There was no House. Business could not legally be
carried on. A message came down from the Governor recommending
the renewal of certain Acts of the legislature. The House paid no
attention to the message. The House at last resolved that it
could do no business. The twelve months within which a session
was necessary would expire on the 24th of April, and there could
be no return of the Gaspé writ until the 1st of June. The
Governor was informed of his “fix,” but was by no means pleased.
He did not believe in such nonsense as the unavoidable non-return
of a single member being a matter of such importance as the
Assembly alleged. He begged that they would go on with the public
business. The House would not budge. A message came from the
Legislative Council, and the messenger knocked, but the door of
the Assembly remained closed. The government had dissolved the
parliament stupidly and the parliament meant stupidly to dissolve
the government. It was the 24th of April when the news of the
death of King George the Third reached Quebec, by way of New
York, when the Administrator was offered an excuse for another
dissolution, by which the accident threatened by the previous
dissolution could be escaped. Parliament was dissolved, during
the firing of minute guns and the tolling of bells; and a new
king was proclaimed by the sheriff, after a salute of 100 guns
had been fired, on the Place d’Armes, in presence of the
Governor, the heads of departments, the troops and a crowd of
people. There was no other occurrence of moment until the arrival
of the new Governor General, the Earl of Dalhousie, who arrived
from Halifax, where he had administered the government of Nova
Scotia, on the 18th of June, in H.M.S. Newcastle. Lord
Dalhousie was a soldier. He had been altogether educated in the
camp. To the trickery of diplomacy he was quite a stranger. He
had not long arrived when the general elections took place. Mr.
Papineau, the Speaker of the late Assembly, was at the hustings
addressing a Montreal constituency. How strong the feeling was in
favor of British constitutional rule in comparison with the
Bourbon fashion of ruling colonies, the Earl of Dalhousie learned
from Mr. Papineau’s own lips. A great national calamity had made
it imperative upon Mr. Papineau to court the favor of his
constituents a second time in one year. A sovereign who had
reigned over the inhabitants of Canada since the day in which
they had become British subjects, had ceased to breathe. To
express the feeling of gratitude which was due to him, or to say
how much his loss was mourned would be impossible. Each year of
his long reign had been marked by new favors bestowed on the
country. A comparison between the happy situation of Canada at
present, with the situation of Canada under “our” fore-fathers,
when George the Third became their legitimate monarch, would
sufficiently indicate the extent of the calamity which Canada had
sustained in the death of the good old king. Under the French
government the rule was arbitrary and oppressive. Canada had been
neglected by the French Court, and mal-administered by the French
Viceroys. The fertility of the soil, the salubrity of the
climate, and the extent of territory which might even then have
been the peaceful abode of a numerous and happy population was
not considered. Canada was looked upon as a mere military post.
The people were compelled to live in perpetual warfare and
insecurity. There was no general trade. Trade was in the hands of
companies. Famine was of frequent occurrence. Public and private
property were insecure. Personal liberty was daily violated. Year
after year the inhabitants of Canada were dragged from their
homes and families to shed their blood, and carry murder and
havoc from the shores of the great lakes and the banks of the
Mississippi and Ohio, to the coasts of Nova Scotia, Newfoundland,
and Hudson’s Bay. And now, how changed! The reign of law has
succeeded to that of violence. Religious toleration; trial by
jury; the Habeas Corpus; and the right to obey no other laws than
those of our own making, have taken the place of perpetual
warfare and perpetual insecurity. Such was the news received by
Lord Dalhousie, on his arrival, and that too immediately
preceding a deplorable period of agricultural distress in both of
the Canadas; when the absence of all demand for wheat had
compelled several farmers in the district of Montreal to send
hay, oats, and vegetables, in boats, down the river, for the
chance of a market at Quebec; when in some of the parishes of
Montreal, which formerly sold great quantities of wheat for
exportation, farms partly cleared, with a log house and barn, had
been sold at sheriff’s sales, for less than the usual law
expenses incurred to effect the sale; and when one immediate
consequence of this distress was expected to be on the part of
the farmers a compulsory resort to family manufactures for their
supply of clothing, as they must soon otherwise have been without
the means of protecting their bodies against the inclemency of
the seasons. Commercial operations had, however, been tolerably
brisk. 585 vessels of 147,754 tons had arrived from sea, in 1820,
and 7 new vessels had been built at Quebec. £674,556 worth
of merchandise had been imported.

Lord Dalhousie met the legislature of Lower Canada on the 14th
of December. Mr. Papineau was re-elected Speaker and approved of
when the Governor-in-Chief opened the business of the session.
His Lordship made a semi-theatrical allusion to the death of the
late king; mixing it up with the death of the Duke of Richmond,
whom he had known and honored during thirty years, when he
immediately descended to pounds, shillings and pence. He called
attention to the accounts of the general expenditure for the past
two years; he would lay before the Assembly the accounts of the
expense annually incurred in the administration of the
government, and he would add a statement of the annual product of
the permanent taxes, and hereditary territorial revenues of the
Crown. By these documents the Assembly would perceive that the
annual permanent revenue of the province was not equal to the
amount of annual permanent charges upon the provincial civil
list, but was deficient in about £22,000. The king had
commanded him to say that having, from past experience, the
fullest confidence in the loyalty and sense of duty of the
Canadian people, he expected that a proper and permanent
provision would be made to supply the deficiency, so that the
civil government of the province might be sustained with honor
and advantage to his subjects. He had made a tour of the
province, but could not take upon himself to point out with
confidence those measures of improvement which would prove of the
most advantage to the country. He concurred, however, in all that
had been said on the subject by the late Duke of Richmond, and
the Duke’s recommendations were worthy of consideration by the
parliament. A permanent revenue law or a revenue law not liable
to be suddenly changed, would benefit trade. Agriculture should
be encouraged. The militia laws should be renewed. The waste
lands should be settled. A tide of immigration had set in, which
promised to continue. Many of the new comers were poor, and some
had been grievously afflicted with sickness. Not a few had
abundant means. The settlement of these immigrants should not
have been impeded by the want of legislative aid. There were
great advantages to be derived from a new population. Lower
Canada, he was aware, had a population sufficiently numerous to
settle the waste lands. There were, undoubtedly, prejudices
against the introduction of strangers to be overcome, and there
were also prejudices in the minds of strangers, affecting their
settlement in Lower Canada, fertile as it was, offering as it
undeniably did, so many facilities for manufacturing operations,
and presenting, as was apparent, so wide a field for internal
trade. Inducements should be held out to new comers, with the
view of making them spread more widely. Parochial churches should
be erected. Roads affording access to distant woodlands should be
laid out. For himself, he would assure the Assembly that he had
no object in view but the good of the country. The Assembly liked
the frankness of the Governor-in-Chief. They had no idea,
however, of permanently appropriating, in the then uncertain
state of trade, an amount for the civil list, exceeding half the
usual amount of the whole revenue. They would vote annually, in
accordance with their promise to Sir John Sherbrooke, all the
necessary expenses of the government if His Excellency pleased,
and no more. With regard to permanent taxes they believed such a
mode of taxation to be impracticable. They would, however,
investigate the effects that might result from a long duration of
the revenue laws. They would, if it were possible, inspire the
commercial classes with confidence. Legislation was then
proceeded with. The civil list was first considered. The estimate
divided the list into classes. There was the Governor-in-Chief
and his staff; the Legislature and its officers; the Executive
Council and its officers; the Judges, Sheriffs, Clerks of Courts,
and Tipstaffs; the Secretary and Registrar of the Province; the
Receiver General and his clerk; the Surveyor General and clerks;
the Surveyor of Woods; the Auditor of Land Patents; the Inspector
General and clerks; and the contingencies of the whole. The
estimate amounted to £44,877. The Assembly proceeded to the
discussion of the items con amore. Item after item was
read over and commented upon, much after the present fashion.
John Neilson was then a member of the Assembly. Mr. Neilson was
then as much an economist as Mr. Mackenzie is or pretends to be
now. He was wisely jealous of the government. Mr. Neilson, the
editor of the Quebec Gazette, was in the highest degree
intelligent. He was honest and, consequently independent. He
could say more in a sentence than Charles Richard Ogden could
combat in a speech. He was a tall, spare man, with rugged, but
yet prepossessing features. He had always two black eyes,
overshadowed by a low protruding forehead. From the occiput to
the os frontis, his head was quite level and
extraordinarily long. It was possibly due to Mr. Neilson’s
intelligence that, after some reductions had been made, the
required supply was voted, not in a bill, providing for the
payment of stipulated sums to certain individuals, but in a bill
in which allowances were made for six different departments and a
supply voted for the whole. The sum voted, notwithstanding
certain reductions was more than the estimate. £46,000
sterling was appropriated towards defraying the expenses of the
civil government. £3,083, the charge upon the pension list,
and £1,543, the annual cost of the militia staff were added
to the civil list. The supply was voted en bloc, or almost
so, with the view of reconciling the Legislative Council to an
annual appropriation, and because that House had objected to the
previous supply bill in which certain sums were appropriated for
the payment of certain functionaries. Nevertheless, the bill was
rejected by the Legislative Council. The bill had not made a
permanent provision for the civil list, and it interfered with
monies already appropriated. The Council resolved that it would
not proceed upon any bill of supply, which should not have been
applied for by the king’s representative; the Council would not
proceed upon any bill appropriating public money that should not
have been recommended by the king’s representative; the Council
would not proceed upon any bill of appropriation, for money
issued, in consequence of an address of the Assembly to the
king’s representative, unless upon some extraordinary emergency;
the Council would not proceed upon any appropriation of public
money for any salary or pension hereafter to be created, unless
the quantum of such salary or pension had been recommended
by the king’s representative; and the Council would not proceed
upon any bill of appropriation for the civil list, which should
contain specifications therein, by chapters or items, nor unless
the same should be granted during the life of the king. The
Assembly were also quite resolved as to the course to be pursued
by them. They would pass no bill of supply without
specifications, nor for any period longer than a year. They would
not pass any bill at all for the purposes of defraying the
expenses of the government, unless the right of applying and
apportioning by vote, the monies previously appropriated towards
the support of the civil government, was also conceded to them.
This quarrel between the two Houses was an exceedingly
interesting one. The members of the Upper House, or the majority
of them, felt themselves to be personally interested—and
were uneasy, while the Assembly, having no other interest in the
matter, than principle and a sense of expediency, could maintain
their position, without flinching, for almost any length of time.
Nay, the Assembly were positively generous. As the rejection of
the supply bill had left the Executive without the means of
defraying the civil expenditure for the year, the Assembly
tendered the sum of £46,060 sterling to His Excellency,
pledging themselves to make good the amount by a bill at the
ensuing session. But His Excellency would not have it. He was of
opinion that the grant, now proposed, was wholly ineffectual
without the concurrence of the Legislative Council. There was no
answer. Mr. Neilson moved, and the Assembly resolved that, the
speech of His Grace the Governor-in-Chief, on the 24th of April,
1819, contained a censure of the proceedings of the Assembly;
that all censure of any proceeding of the Assembly, by either of
the branches of the legislature, was an assumption and exercise
of power contrary to law, a breach of the undoubted rights and
privileges of the House of Assembly, and subversive of the
constitution of the government, as by law established in the
province; and that it was the undoubted right of the Assembly, in
voting aids or supplies, or offering money bills for the consent
of the other branches of the legislature, to adopt such order or
mode of proceedings, as it might find conformable to its rules,
and to propound such matter as in its judgment should seem fitted
and most conducive to the peace, welfare, and good government of
the province.

Mr. Andrew Stuart, a man of brilliant attainments, was busily
engaged in the exposure of the enormous abuses that had prevailed
in the improvident and prodigal grants of the Crown lands. A bill
was brought forward in the Assembly for more effectually
ascertaining the state of the public funds in the hands of the
Receiver General. The Receiver General was to account annually to
the legislature for his expenditures, and he was to tell over,
for its disposal by the Assembly, the balance which he should
have remaining in hand. He was to be allowed a commission on all
monies paid into his hands, in lieu of a salary. And he was not
to be engaged in trade. The bill did not, however, receive a
third reading, and the Receiver General still continued to carry
on the business of a lumber merchant. A bill was also introduced
for the trial of impeachments by the Legislative Council, but was
afterwards relinquished. An effort was made to obtain a per diem
allowance for the members of the Assembly, but it was not
successful. Mr. James Stuart was named agent for the province in
London, and the sum of £2,000 was voted to defray his
expenses in that capacity; but the appointment was set aside by
the Council, because a Mr. Gordon, who held a situation in the
Colonial Office, had been previously appointed agent for the
province by the Executive government, with a salary of £200
a year. Several messages, relative to public improvements were
sent down to the Assembly in the course of the session, but the
House only promised to consider them next session. One bill, of
great importance, was, however, passed:—that to open a
canal between Montreal and Lachine, at the public expense. Before
the close of the session the House represented that if a
Lieutenant-Governor of the Province, with a salary of
£1,500 a year, was necessary, he should be resident in the
province; that the Lieutenant-Governorship of Gaspé, to
which a salary of £300 a year was attached, was a sinecure;
that the Secretary of the Province, with a salary of £400 a
year, resided in London, while his duties were performed by a
deputy, who only received the fees incidental to the office; that
the agent of the province, who received £200 a year, did
nothing for his salary, and had no services to perform, being
merely the agent of the Executive; and that it was the opinion of
the Assembly that no salary should be allowed to any of the
members of the Executive Council, non-resident in the province.
It was further represented that the offices of Judge of the
Vice-Admiralty and Judge of the Court of King’s Bench were
incompatible, and that the offices of Judge of the King’s Bench
and of French Translator to the Court could not be held by the
same person. The exaction of fees, too, by the Judge of the
Vice-Admiralty, while he received a salary of £200 a year,
in lieu of fees, was improper and contrary to law. And the
Governor-in-Chief was requested to effect remedies. On the 17th
of March, the session was prorogued. Lord Dalhousie could not
express his satisfaction at the general result of the Assembly’s
deliberations. He regretted that the expectations of His Majesty,
with respect to the civil list, had not been realised. He was
disappointed. The administration of the civil government had been
left without any pecuniary means, but what he should advance upon
his own personal responsibility. Individuals would suffer under
severe and unmerited hardships, caused by the want of that
constitutional authority necessary for the payment of the
expenses of the civil government; the improvements of the country
were nearly at a stand; and the executive government was palsied
and powerless. When parliament should be again summoned for
legislation, it would be summoned to decide whether government
should be restored to its constitutional energy, or whether the
prospect of lasting misfortune was to be deplored by a
continuance of the present state of things. The Assembly inwardly
chuckled as the Governor concluded his speech. All that they
wanted had been in part effected. The government had acknowledged
itself to be constitutionally dependent on the Assembly for its
energy and for its pecuniary means. It was hoped, indeed, that
sooner or later, the propriety of permitting the Assembly to vote
the supplies, after its own fashion, would be conceded.

Shortly after the prorogation, Mr. Papineau, the Speaker of
the Assembly, Mr. Hale, a member of the Legislative Council, and
Colonel Ready, Civil Secretary, were added to the Executive
Council.

On the 7th of July, the construction of the Lachine Canal was
commenced.

In the course of the summer, Lord Dalhousie proceeded on a
tour to Upper Canada, returning by the Ottawa, in August.

The legislature of Lower Canada was again opened by the
Governor-in-Chief, on the 11th of December. He brought under the
consideration of parliament the state of the province,
recommending immediate attention to its financial affairs, with
the view of making a suitable provision for the support of the
civil government. He had adopted a course for the payment of the
current expenses of government as consistent as possible with the
existing laws. He had been commanded to recommend that a
provision for the civil list should be granted permanently,
during His Majesty’s life. He felt assured that the Council would
attend to the recommendation, and he would not advert to topics
of far inferior importance, for the present. The Council
considered it to be their paramount duty to adopt what had been
established in the British parliament, as a constitutional
principle, the granting of the civil list during the life of the
king. The Assembly were not so submissive. They requested His
Excellency, the Governor, to convey to the king that they had
received with all due humility the communication of His Majesty’s
recommendation that such provision, as should appear necessary
for the payment of the expenses of the civil list should be
granted permanently, during His Majesty’s life, as well as the
information that such was the practice of the British parliament,
and that the recommendation would have due weight with them. The
Governor on receiving the address of the Commons, in reply to his
speech from the throne, was not particularly well pleased. He
assured the Assembly that until the expenses of the government
were provided for, in the manner he had indicated, that there
would be neither harmony, union, nor cordial co-operation in the
three branches of the legislature, and that the real prosperity
of the province would be decidedly arrested. The Assembly were
quite indifferent as to consequences. They had a duty to perform
to their constituents, and meant to perform it. The estimates of
the civil list were sent down. The House asked the Governor to
lay before it his instructions. The Governor refused. His
instructions were confidential and he would not suffer any part
of them to become the subject of discussion by the House. A
motion to grant a permanent civil list was made and negatived.
There were only five ayes to thirty-one nays. The House adhered
to the opinion that the supplies ought to be voted and
appropriated annually, and not otherwise. The Governor was
requested to mention the circumstance to the King, and he
promised to do so. The Assembly proceeded to the transaction of
other business. The expediency of having an agent to represent
the interests of the people, not the Executive of Canada only, in
England, was next considered. It occurred to the House that some
member of the imperial parliament might be induced to accept the
agency, and it was resolved that Joseph Marryatt, Esquire, M.P.,
should be requested to act as such agent. The resolution of the
Assembly was transmitted to Mr. Marryatt, who was also put in
possession of the civil list difficulty, with instructions
relative to the course of action which it was expected he would
adopt. The Council felt annoyed. They looked upon the appointment
of Mr. Marryatt as a dangerous assumption of legislative power by
the Assembly alone. They considered it a breach of the
constitution, a breach of the king’s prerogative, a breach of the
privileges of the Legislative Council, and as a something which
tended to subvert the constitution of the province. This protest
had the effect desired by the Council. Mr. Marryatt would not
act. Unless the Council concurred in his appointment he could
have no weight with the government in England, nor would he be
even acknowledged. There was nothing now to be done but to starve
the government into submission. The government was not to be
conquered by assault. The Assembly determined upon cutting off
the supplies entirely. The revenue Acts were, one after the
other, suffered to expire. No appropriation was made even for the
current expenses of the year. A revenue of thirty thousand pounds
a year, or more, part of which belonged to Upper Canada, was
sacrificed. The Governor might make advances to the officers of
the government, on his own responsibility, or not, as he pleased.
But the House would hold the Receiver General personally
responsible for all monies levied on His Majesty’s subjects, paid
over by him on any authority whatever, unless such payments
should be authorised by an express provision of law. If anything
could arrest the real prosperity of the province, it was now
arrested. Some members of the Legislative Council took alarm.
Afraid that their resolutions of the previous session interfered
with the privileges of the Assembly, they wished to rescind them.
The Assembly, in the opinion of a section even of the Council,
ought not to be dictated to. The Commons had exclusively the
right of dictating their own terms and conditions, with regard to
all aids to the Crown. And the object, for which such aids were
sought, was of no consequence, as far as their right was
concerned. The majority of the Council took quite another view of
the matter. One member was particularly severe on the Assembly.
The Honorable John Richardson, considered the course pursued by
the Assembly, as unconstitutional and overbearing. He
characterised their pretensions as subversive of the prerogatives
of the Crown, and indicative of a desire to have the absolute
control of the government. Their proceedings were revolutionary.
From day to day secret committees were in session. Grievances
were mischievously hunted up. Their measures were precisely
similar to those which preceded the fall of Charles the First,
and the French revolution. And, at that very moment, there was a
committee of the Assembly sitting, the members of which were in
consultation, about replacing the distinguished personage who
resided at the Castle of St. Lewis. Mr. Richardson was being
quietly listened to by several members of the Assembly. They
resolved to move in the matter. The sayings and doings of Mr.
Richardson were accordingly brought under the notice of the
Assembly. Mr. Quirouet informed the Lower House that he had heard
the Honorable John Richardson, one of the members of the
Legislative Council say, in reply to the Honorable Mr. Debartzch,
who had moved for the rescission of the rules relating to the
civil list, that there was a secret committee sitting in the
House of Assembly, deliberating on the appointment of a governor
of their choice, and on the removal of the person now in the
castle; and that the committee, which was, perhaps, one of public
safety, sat without the knowledge of several members of the
House, a thing without example in England, except in the time of
Charles the First. A committee of five members was appointed to
obtain further information. The committee ascertained that
everything reported by Mr. Quirouet was true. A spirited debate
ensued. The conduct of Mr. Richardson was looked upon as
atrocious. Mr. Richardson too was the senior member of the
Executive Council, and on him the government of the province
might devolve. He was entirely unworthy of confidence. He was the
enemy of his country. It was resolved that his language was
false, scandalous, and malicious; that he had been guilty of a
high contempt of the Assembly; that he had made an odious attempt
to destroy His Majesty’s confidence in the fidelity and loyalty
of the Assembly, and of the people of the province, and that he
had been guilty of a breach of the rights and privileges of one
branch of the legislature. It was further resolved to inform the
Legislative Council of the Assembly’s opinion of the discourse of
the Honorable John Richardson, with the request that the Council
would inquire into the charge which they preferred against him
and were prepared to substantiate, so that the Honorable John
Richardson might be adequately punished. And it was still further
resolved that the Governor General should be informed of the
libelous language of the Honorable John Richardson, and of the
desire of the Assembly that he should be removed and dismissed
from every place of honor, trust, or profit, which he might hold
under the Crown. These resolutions of the Assembly, respecting
the conduct of the Honorable John Richardson were taken by
special messengers to the Governor and to the Legislative
Council. The Governor considered the resolutions undignified.
They were as much a breach of the privileges of the Council as
the remarks of Mr. Richardson would have been a breach of the
privileges of the Assembly if uttered anywhere else than in the
Council. Mr. Richardson had a perfect right to express himself
freely in parliament. Freedom of debate was as necessary to the
Upper as it was to the Lower House. He distinctly refused to
dismiss Mr. Richardson from any office of honor, trust, or
profit, which he might hold. The Council, so far from proceeding
to punish Mr. Richardson for his outspokenness, looked upon the
resolutions of the Assembly as a flagrant breach of its
privileges, and would take no measures with regard to the
language made use of towards the Assembly, by Mr. Richardson,
until the Assembly apologised to the Council for its interference
with the rights of the Legislative Council. Mr. Richardson even
repeated the substance of his observations in the debate which
had given offence, in still stronger language. He had little to
fear, and he knew that the Assembly had taken a position which
they could not sustain. He held no office under the Crown. He was
a legislator and Executive Councillor, but not a placeman. Indeed
the Assembly were becoming ashamed of themselves. Instead of
attacking the Council in return for the attack made upon them,
they had taken it for granted that their proceedings were not
liable to be commented upon at all. They pretended to represent
public opinion and yet would not tolerate the expression of any
opinion adverse to themselves. But public opinion prevailed. They
were compelled to edge out of their difficulty by representing in
a resolution that it was the incontestable right of the Assembly
to prevent any breach of their privileges, by every
constitutional means in their power. So the matter rested.

A message came to the Assembly from the Governor. It had
reference to certain grievances submitted by the Assembly to the
King. The Governor had been commanded to inform the Assembly that
the Lieutenant-Governor had been ordered to repair to Quebec, and
to reside in the province during his tenure of office; that a
Lieutenant-Governor for Gaspé was necessary and should be
provided for; that the successor to the Provincial Secretary
should be a resident officer, but that the present absent
incumbent was not to be dispossessed without adequate
compensation; and that the present agent of the province, in the
colonial office, had not been guilty of misconduct, and the
office of agent which he held was not to be abolished. The
message was anything but satisfactory, and the Assembly grumbled
audibly.

Another message was sent to the Assembly informing the House
that the Governor intended to apply the territorial and casual
revenues, fines, rents, and profits, which were reserved to the
French King, at the conquest, and belonged to the King of Great
Britain on the surrender of the country, the monies raised by
statutes of the imperial parliament, and the sum of £5,000
sterling raised by the provincial statute 35th George the Third,
chapter 9, towards the support of the civil government and the
administration of justice. And he called upon the Assembly, as
they had refused the civil list, to defray the cost of certain
local establishments, the expenses of the legislature and the
necessary expense of collecting the revenue. The Assembly assured
the Governor of their great satisfaction that he had not
questioned the constitutional doctrine which they had enunciated,
that the public money should only be applied conformably to law.
They were indeed sorry that the standing rules of the Council
prevented their House from entertaining even the hope that its
invariable disposition to provide for the necessary expenses of
the civil government could have its proper and legal effect. But
they would grant no supplies whatever. This manœuvre might
have been most successfully practised upon the government of
Lower Canada, if it had not also affected Upper Canada. The
supplies of Upper, as well as of Lower Canada, were cut off.
Quebec was the only seaport the two provinces had. It was in
Lower Canada that the duties on imports were levied. Of these
import duties Upper Canada was now entitled to a fifth, instead
of an eighth, as at first agreed upon. And if the whole was
sacrificed, the value of a fifth of the whole would not amount to
much. The government, and, indeed, the whole people of Upper
Canada were annoyed at the loss of revenue inflicted upon the
country, for the sake merely of principle. But that was not all.
Upper Canada was already so rapidly increasing in population that
a fifth of the whole duties collected was not looked upon as her
fair share of receipts. Her commissioners desired a larger share
of the incomings. Lower Canada would not grant the increase and
there was another difficulty between the provinces. The subject
was brought under the consideration of the imperial parliament,
by Upper Canada, through the instrumentality of an agent, in
London, appointed to communicate with the government at home. The
parliament of Lower Canada was prorogued on the 18th of February.
Lord Dalhousie was satisfied that no benefit to the public could
be expected from a continuance of the session, and had come to
prorogue the parliament. He regretted that the supplies had been
withheld, but neither the civil government, nor the officers of
justice, nor any of the officers of the government or of the
courts would be at all affected. The mischievous effects of their
proceeding would fall upon trade and of course be highly
injurious to His Majesty’s loyal and faithful subjects, who
should know how to bring about a remedy. He was much pleased with
the conduct of the Council. The Governor General had received an
idea from Mr. Ryland, with which he was quite delighted. It now
seemed to His Excellency that he would soon bring the Commons of
Canada to their senses. Had Mr. Ryland been called upon to point
out a remedy for the existing difficulties in the government, he
would have said to lord Dalhousie:—either unite the
legislatures of Upper and Lower Canada, or, by giving a fair
representation to the townships, secure an English influence in
the House of Assembly. Perfect the constitution by creating an
hereditary aristocracy, for which the Crown Reserves were
originally set apart, and make the Legislative Council so
respectable as to render a seat therein an object of ambition to
every man of character and talent. Exercise decidedly the
patronage of the Romish Church, and give the Romish Bishop
clearly to understand that the slightest opposition on his part
to this regulation would put an end to his allowance of
£1,500 sterling per annum. Admit no more coadjutors, secure
a permanent revenue, adequate or nearly adequate to the expenses
of the civil government. Ascertain to a farthing the monies that
actually are or ought to be in the Receiver General’s chest. Give
to that officer an adequate salary, and take effectual means to
prevent one shilling of the public monies from being employed by
him in future in commercial speculations. Accomplish these
objects, as you easily may, and be assured that good sense and
upright intentions, on the part of His Majesty’s representative,
will thereafter be fully adequate to get the better of every
difficulty that has hitherto attended the provincial government.
This scheme of a remedy for existing difficulties was submitted
by the Earl of Dalhousie to the government of England. A bill was
indeed introduced into the imperial parliament, for a legislative
union of the two provinces, and for the regulation of trade in
Canada. A majority of the Commons of England would not, however,
listen to the proposal for a legislative union of the provinces,
for which no desire had been expressed by either Upper or Lower
Canada. The sense of the inhabitants of the Canadas should first
have been obtained. To this opposition the imperial ministry were
compelled to yield, and therefore that part of the bill which
related to the union was relinquished. The other part of the
bill, afterwards known as “The Canada Trade Act,” became law. By
it the claims of Upper Canada were recognised, and to guard that
province against the caprice of the lower province, all the
duties payable under Acts of the legislature of Lower Canada, on
imports, were to be permanently continued, according to the
latest agreement, in July, 1819. The two temporary provincial
Acts, 53 and 55, George III, chapter 2, and 85, George III,
chapter 3, including that which had been suffered to expire were
revived, and became permanent Acts, only liable to repeal or
alteration, by Lower Canada, with the concurrence of Upper
Canada. New duties on imports by sea could not be imposed by
Lower Canada without the consent of Upper Canada, without the
special interference of the imperial parliament. It was no wonder
that Lord Dalhousie spoke ironically of the effect to be produced
by the stoppage of the supplies. The measure was not, however,
judicious. It was in the highest degree irritating to Lower
Canada. It was a positive grievance, and indeed it was a partial
destruction of the constitution, at the instance of a placeman.
There was one good thing in the Act. The power of commuting the
seigniorial or feudal tenure into free and common soccage was
given to the censitaire in transactions with the crown.

This rude assault upon the Commons of Lower Canada came at an
unfortunate period. Both provinces were suffering. Agriculture
and commerce were in distress. Agricultural and commercial
distress had also afflicted the mother country. People were
unwillingly idle, and consequently, discontented. The regulations
then existing in Great Britain, with respect to the importation
of grain and flour from the Canadas were alleged to amount almost
to a prohibition. To the operation of these regulations Canadian
distress was attributed. Unless relief were speedily obtained,
the certain ruin of the entire farming and commercial interests
was expected to ensue. The difficulties occasioned by the
obstruction to Canadian navigation, in winter, rendered it
impossible for the Canadian farmer to compete fairly or with a
reasonable chance of success, in the English markets, with the
United States. American produce was admitted into Lower Canada,
for consumption, free of duty, to the prejudice of Upper Canada,
and was a direct violation of the reciprocity which ought to
exist between the two provinces, as it depressed the price of
Upper Canada produce, and rendered nugatory the laws existing for
its protection. And unless the flour of Upper Canada should be
admitted into the English market on terms of greater favor, the
imports from Great Britain would entirely cease. The Upper
Canadians wished the repeal of the corn bill. They wanted the
monopoly of the supply of the West Indies. They desired a corn
bill for themselves. And they did not know precisely what they
desired for the riddance of their distress. It was at this season
that the “Canada Trade Act” came into force, and that the
propriety of uniting the two provinces was to be considered by
the people. In Lower Canada the contemplated re-union of the
provinces was not relished. Upper Canada was indifferent and
perhaps rather in favor than opposed to the scheme. To Lower
Canada it forboded the loss of caste, usages, and religion, while
to Upper Canada it indicated only a more extended sphere of
legislative action, and the direct control of the general revenue
for improvements. The Union Bill was well conceived. The Governor
was to have erected the townships, previously unrepresented, into
counties, of six townships each, with a member for every county.
The qualification for a seat in the Assembly was to be the
unincumbered possession of landed property to the value of
£500 sterling. The House was to consist of not more than
one hundred and twenty members, and of not more than sixty
members for either province. Four ministers were to have seats in
the House and to have the liberty of speech without the right of
votes, in the shape of two members from each of the Executive
Councils of Upper Canada and of Lower Canada. The duration of the
parliament was to be five years. There was to be no power of
imprisonment for alleged contempts given to either House. The
proceedings of both Houses were to be recorded in the English
language, and in fifteen years afterwards, the English language
only was to be made use of in debate. The free exercise of the
Roman Catholic religion was to be respected, subject to the
king’s supremacy, and to the collation or induction into
cures—a privilege until then enjoyed by the Bishop
superintending the Romish Church in Canada. Here was Mr. Ryland’s
scheme to the letter. It gave evidence of some ability. It was
the scheme of a lifetime, of one zealous in the cause of the
Church of England. How the Lower Canadians were to have been
induced to consent, is not easily guessed at. It is true Mr.
Ryland intimates that the Bishop’s salary could be withdrawn, and
that no more coadjutors should be allowed. But the Bishop was not
the only clergyman of the Church of Rome in the province, and the
See of Rome has its instruments in every ecclesiastical grade.
The priests, as a body were very much annoyed at the Union Bill.
They did not fail to declaim against it. Nor were they to be
blamed. The French Canadians were indeed, to a man, opposed to
the union. The English population were, of course, in favor of
the scheme. Horrified at popery, an Englishman honestly believed
that popery had no rights in a country possessed by a protestant
king. It could be tolerated but not legally maintained. Of course
when the King became Bishop of the Church in Canada, the Pope was
virtually deposed, and the deposition of the Pope in England is
indeed the most essential difference between the Church of
England and the Church of Rome. The people of Montreal were most
actively in favor of Mr. Ryland’s admirable scheme of religious
conversion. Of 80,000 people who had come into the province since
the American war scarcely a twentieth part had remained within
the limits of the province, the rest having been induced by the
foreign character of the country in which they had sought an
asylum, and the discouragements they experienced, to try their
fortune in the United States. The division of the Province of
Quebec, into Upper and Lower Canada, had been impolitic. Had a
fit plan of representation been adopted the British population
would have now exceeded the French, and the imports and exports
of the country have been greatly beyond their present
amount.[34] It is not a little
extraordinary to find that the English speaking inhabitants of
the province complained of the unreasonable extent of political
rights which had been conceded to Lower Canada. Mr. Neilson was
not of these complainants. Mr. James Stuart was. The Canadians
had deserted Mr. Stuart and he now deserted them. Mr. Neilson had
not been yet deserted by those whom he had served, and he had not
therefore cause for desertion. Messrs. Neilson and Papineau went
home in charge of petitions against the contemplated union of the
provinces, while Mr. Stuart went to London with the petition of
the unionists in his pocket. The mob was merely prejudiced. There
was no politics in the heads of the ordinary people, whether of
French or English extraction. But the English hated the French,
and the French disliked the English, because neither understood
the other. It was enough for the English speaking population that
the government was English, to secure their sympathies to the
government, and it was enough for the French speaking part of the
population to know that the Assembly was chiefly Franco-Canadian
to secure their sympathies to the Assembly. Lord Dalhousie and
the red-tape-nobility looked upon both only as canaille.
His lordship was the emperor; the judges, the bishops, and the
secretaries, were the marshals and princes of an empire of
serfs—of crown serfs and of serfs of the soil. But, however
that may have been, two events of some importance had occurred.
The Lieutenant-Governor of the province, Sir Francis Burton, had
arrived at the scene of his labors, and Sir John Caldwell, the
Receiver General, had become insolvent towards the province, in
the sum of £100,000. The difficulties of Lord Dalhousie’s
reign were on the increase. The union and intended extinction of
Lower Canadian nationality was not a matter to be so easily
effected as at first anticipated. His lordship again assembled
parliament on the 10th of January, 1823. The Clerk of the
Assembly informed the noble Earl, at the head of the government,
that the Speaker, Mr. Papineau, had gone to England. The Governor
ordered the Assembly to elect another Speaker in his stead. They
did so, and their choice fell upon Mr. Vallières de St.
Réal. The choice was approved of. Lord Dalhousie thereupon
opened the session. He told the Houses that an Act had been
passed regulating the trade of Lower Canada with the United
States of America, and the intercourse between Upper and Lower
Canada, an adjustment of the differences subsisting between the
two provinces being provided for. He further intimated that the
imperial government contemplated the union of the two provinces,
but had withdrawn the measure until the next session of the
imperial legislature, with the view of ascertaining the
sentiments of the Canadian people on the matter. He hoped that
the subject would receive attention, and the deliberations of the
parliament be distinguished for moderation. He had been somewhat
embarrassed by the stoppage of the supplies, but had done as much
as he could to avert inconvenience, by paying up the usual
expenses for the half year then current, though he had not felt
himself justified in doing so beyond that period, and there
consequently remained a very considerable arrear due to the
public servants. A full statement of the receipts and
expenditures for the year would be laid before the Assembly,
together with an estimate of the probable expense in the present
year of those local establishments for which the Assembly were
bound in duty to provide. He trusted that the whole financial
accounts would be brought to a clear and final arrangement. He
was convinced that the Assembly regretted that the progress of
the public interests had been interrupted. And without dwelling
upon the past, he would earnestly recommend them to consider the
incalculable injuries which had been accumulated on the province,
while the executive branch of the constitution remained disabled
from exercising its just and legitimate and most useful powers.
The Assembly were pleased to learn that the imperial parliament
had suffered the measure for the union of the two provinces to
lie over until the opinion of the Canadian people had been
ascertained, and indeed they fairly echoed in their reply the
speech from the throne. A call of the Assembly was ordered for
the 21st of January, to consider the union question. The Upper
House, with the exception of the Honorables John Richardson,
Herman W. Ryland, Charles W. Grant, James Irvine, Roderick
McKenzie, and Wm. B. Felton, were decidedly opposed to the
contemplated union. The Assembly believed that the union of two
provinces, having laws, civil and religious institutions, and
usages essentially different, would endanger the laws and
institutions of either province; and that there would thence
result well-founded apprehensions respecting the stability of
those laws and institutions, fatal doubts of the future lot of
these colonies, and a relaxation of the energy and confidence of
the people, and of the bonds which so strongly attached them to
the mother country. The resolutions of both Houses were embodied
in addresses to the King and Parliament of Great Britain. Those
to the King the Governor was requested to transmit, and those to
the two Imperial Houses of legislation were forwarded to the
delegates of the anti-unionists, Messrs. Neilson and
Papineau.

A message was sent to the Assembly, officially informing the
House of the arrival of Lieutenant-Governor Sir Francis Burton.
The message contained another bit of information to the effect
that it was necessary that a residence should be provided for His
Excellency. It stated still further that a furnished House had
been taken for His Excellency, at a yearly rent of £500,
for which it was desirable that the Assembly should provide. And
the message concluded by recommending the addition of
£1,000 a year to the salary of His Excellency, which was
then only £1,500, so that with £2,500 a year, and
house rent free, he might live in becoming style. The Assembly
cheerfully voted these extra allowances to the
Lieutenant-Governor. A bill was this session passed, erecting,
for judicial purposes, the Eastern Townships into the Inferior
District of St. Francis. There was to be a provincial court in
the district, and a resident judge, who was to have jurisdiction
in personal actions of £20 sterling. A Court of Quarter
Sessions in the district was also established. The bill was
introduced into the Assembly, and passed, to increase the
representation, by giving the Eastern Townships a representation
precisely as recommended in the contemplated Act of Union; but
the Assembly, to counterbalance the effect which might result
from the introduction of six new members into the Assembly, also
created an overbalancing number of new French constituencies. The
Council consequently rejected the representation bill. Then the
estimates of supply were submitted by message. They had been
classed into two schedules. One comprehending the Governor,
Lieutenant-Governor, certain officers attached to the
Governor-in-Chief, including the provincial agent in London, the
Surveyor General and contingencies of his department; the judges
and officers of the Courts; the Executive Councillors (£100
a year each); the Clerk of the Council, and the contingencies of
his office and of the committee of audit; the Inspector General
of Accounts; the Receiver General’s department; and the Clerk of
the Terrars, the whole sum to be supplied being £32,083
11s. 3d. sterling. The second schedule included the local
establishments—the legislature and its officers; the cost
of printing the laws; the salaries to public schoolmasters; the
pension list; rents and repairs of public buildings, and the
salaries and disbursements in connection with such buildings; the
expense of collecting the revenues: the expenses of the Trinity
House; the militia staff and contingencies; the expenses for
criminals and houses of correction; and miscellaneous expenses,
such as the salaries of the Grand Voyer and others, the grants to
residents on Anticosti, for the assistance of shipwrecked seamen;
and the assessments on public buildings, in all amounting to
£30,225 sterling. The Assembly voted the local schedule but
not the other. Indeed they protested against being required to do
so in the particular manner required. The Assembly next passed
bills to reimburse and indemnify His Majesty for monies expended
without the sanction of the legislature. The Council did not
think it decorous to speak of “indemnifying” the King and
rejected the bills. There was yet another money bill to pass the
Council. A bill to defray the expenses of the local
establishments, in which the different items of expenditure were
specified, was sent up for concurrence and was only not rejected
on account of the distress to individuals which its rejection
would have caused. The Assembly had appropriated monies for the
payment of the local establishments, which was to be taken from
the general funds of the province. The Council passed the bill
under protest because by the term “general,” appropriated as well
as unappropriated monies might be indicated as under the control
of the Assembly. An attempt was made to induce the Council to
agree to the nomination of Mr. Marryatt as agent for the
province, but the Council refused, and the Assembly allowed the
matter to drop. To render the proceedings of the Assembly still
more attractive, a breach of privilege case occurred again this
session. The Montreal Times, a stiffishly unionist paper,
had dealt harshly both with the Assembly and Council, in speaking
of these two august bodies, as anti-British. The Council was
quite indifferent to the imputation, but the Assembly pronounced
the assertion of the Times to be a false and scandalous
libel upon the House, and a breach of its privileges. In
accordance with this judgment, Mr. Speaker was instructed to
issue warrants for the arrests of the editor and publishers of
the Times. One offender, Mr. Ariel Bowman, was taken into
custody, but Mr. Edward Sparhawk, the other offender, could not
be found. Mr. Bowman was not long a prisoner. He escaped from
custody soon after being taken, and neither of the offenders were
subsequently caught during the session, so that both eluded the
punishment due to an offence which was very heinous only in the
sight of the Assembly. After this important matter was disposed
of, the Governor General intimated that he had advanced
£30,000 to the Receiver General, out of the military chest,
to enable him to pay the expenses of the civil government, for
the half year ending in May, 1822. He called upon the House for
re-payment. The reply was pertinent. The House would at once have
authorised the Receiver General to return the money out of the
sum of £100,000, the balance of the public money which
should have been in his hands, if it could have been done, but a
balance being due to the province, the Assembly could only look
upon the accommodation afforded to the Receiver General as a
personal favor to that officer. Indeed the Assembly voted all the
sums required for other public purposes, without taking into any
account whatever the emptiness of the public chest. The financial
affairs of the province were in a curious condition. “My earnest
entreaties,” says Lord Dalhousie to Mr. Vallières de St.
Réal, “to ascertain the state of our finances, have been
unavailing. Whilst the legislature has been contending about
forms, the substance of the treasury has been used, and the
province now stands without any funds which can be called its
own, or, worse than that, it has incurred a debt to the military
chest of £30,000, advanced in 1822, and £30,000 more
advanced this summer of 1823, to which must be added the amount
of all unpaid appropriations in last session, a sum not less than
£240,000, exclusive of the grant of the Chambly Canal:

Our debt contracted is£  60,000
Appropriations of 1823 unpaid24,000
Our necessary expenses for 182470,000
Our probable appropriation, including the award to Upper
Canada
  25,000
 £179,000
And our revenue to meet this90,000

The recent declaration and exposure of the Receiver General
undoubtedly did shew the evils arising from not annually settling
the public accounts. The Receiver General had not, however,
positively wasted the public revenue. Largely engaged in business
he had built sawmills, dammed rivers, and constructed viaducts.
He was an enterprising man of business, and doubtless his
enterprise had indirectly enriched the province, although as far
as the immediate recovery of the money was concerned, for the
payment of the civil expenses of the government, the investments
had been somewhat selfish and rather injudicious. The Receiver
Generalship should not have been in the hands of a person engaged
in trade. That was the mistake, and it was one, which the
Assembly even had endeavored to remedy when perhaps it was too
late.

There were still some other matters of finance meriting
legislative attention. The “Canada Trade Act” of the imperial
parliament had wonderfully deranged the siege operations of the
House. The Assembly was now on the defensive, the governor of the
province having been very considerably re-inforced by the
energetic measures of the imperial authorities. It was not even
considered prudent to make further zigzag approaches. The
Assembly resolved upon keeping within their own lines and to
defend themselves as well as they could from the vigorous sorties
of the enemy, led on by Mr. Ryland. They requested that copies of
any addresses to His Majesty by the Legislative Council of Lower
Canada or by the Parliament of Upper Canada to the King, or his
representative in Lower Canada, might be laid before them. The
Governor sent to them an able report of a joint committee of the
Legislative Council and Legislative Assembly of Upper Canada,
alluding to the fruitless negotiations, which had been carried on
between the duties’ commissioners of the two provinces, a
document which had had such weight with the imperial parliament
as to have led to the passage of the Canada Trade Act. The
Assembly scanned the paper carefully but did nothing. They only
said that the Act would receive their most serious attention in
the next session of the parliament. They were rather inclined to
do business on a more liberal scale than they had manifested at
the previous session. An Act was passed to enable the province to
commence the construction of a canal between the town of St.
Johns, in Canada East, and the village of Chambly, which the
company, incorporated in 1818, had been unable, for want of funds
to commence. Fifty thousand pounds were appropriated for this
purpose. They voted also twelve thousands pounds as an additional
appropriation towards the construction of the Lachine Canal; two
thousand one hundred pounds for the encouragement of agriculture;
eight hundred and fifty pounds were granted to the Montreal
General Hospital Society; two hundred pounds were awarded to the
Education Society of Quebec; Chief Justice Monk was pensioned in
the sum of five hundred and fifty pounds sterling a year; and Mr.
Justice Ogden was voted a retiring annual pension of four hundred
and fifty pounds sterling. The House then applied to the Governor
for a copy of his instructions relative to the application of the
Jesuits’ Estates Revenues for educational purposes; but the
Governor refused to comply with the Assembly’s request, because
he had not been specially permitted to lay his instructions
before the Assembly. The business of the session was concluded,
and Lord Dalhousie went down in State to the Legislative Council
Chamber, to prorogue the parliament. In his closing speech he
expressed the satisfaction with which he had witnessed so much
diligence and attention to the business of the country. He was
exceedingly well pleased to have had to give the royal assent to
the Acts passed to facilitate the administration of justice, to
encourage agriculture, to construct canals, to assist trade, and
to aid charitable and educational institutions. He thanked the
Assembly for the supplies. He regretted that offices for the
enregistration of property had not been established. He had
transmitted the addresses of both Houses on the subject of the
union of the provinces to the king. And he assured the Houses
that he esteemed the result of the session at once honorable to
parliament and useful to the country.

There was still much anxiety in the country about the
contemplated union. Messrs. Neilson and Papineau had not,
however, been idle in London. They had strongly pointed out to
the imperial government the probability of a relaxation of the
energy and confidence of the people of Lower Canada and of the
bonds which so strongly attached them to the mother country, if
the union was consummated, and their representations weighed with
the government, for not long after the prorogation of the Lower
Canada parliament it was officially announced by Lord Dalhousie
that His Majesty’s government had, for the present, determined to
relinquish the proposed measure for the legislative union of the
provinces.

The parliament of Upper Canada was opened on the 23rd of
March. Governor Maitland, in his opening address, spoke of the
temporary diminution of receipts from Quebec, as having
interfered with the prosperity of the province. He recommended
the establishment of an additional circuit and of a second
assize. He probably addressed the House for the last time, and he
took the opportunity of remarking that he had ever found them
guided in their deliberations by a scrupulous attention to the
interests of the people as by a proper regard for the honorable
support of His Majesty’s government. And he concluded by alluding
to the contemplated union of the two provinces which, if
effected, would extend the field of legislation. In the course of
the session, the Assembly represented to the Lieutenant-Governor
that they found the travelling expenses of the Judges too high,
and that the salaries of all the officers of the government and
of the courts were too high. It was recommended that there should
be retrenchment, and it was suggested that the scale of
remuneration, which existed previous to 1796, was sufficient. The
Governor would not hear of a retrenchment, which could only have
the effect of placing respectable men in the situation of
struggling against actual penury, with the gloomy prospect of
starving in old age. A second representation was made by the
Assembly, to the effect that confusion resulted from the manner
in which the public accounts were kept. There was a want of
detail which should be obviated. Sir Peregrine Maitland was quite
indignant at this representation. He was answerable for the
necessities of the public, and the House of Assembly approached
him with the deliberate intention of misrepresenting his
administration. Any information, solicited by the Assembly, to be
afforded by him, as an act of courtesy, would have been most
cheerfully afforded. He did not care for secrecy, and any
information desired concerning the public accounts he would, at
any time, on a proper application, afford. The House respectfully
informed His Excellency that they had not the slightest intention
of misrepresenting his administration, but merely ventured to
suggest an improvement in the mode of keeping the accounts. So
the matter ended. The parliamentary session was rather a
protracted one. The Kingston Bank Bill had been a long time
before the House, and almost at the close of the session some
amendments were made to it. An Orange Society Bill was thrown out
of the House, by the casting vote of the Speaker.

Mr. Gourlay, when in Upper Canada, in 1819, strongly
recommended, in a letter to the Niagara Spectator, the
advisability of constructing canals for the improvement of the
navigation of the great lakes and the St. Lawrence. His views
were most enlightened. He advised the construction of canals on a
scale to admit vessels of 200 tons burthen, large enough to brave
the ocean, and not inconveniently large for internal navigation.
Should it be deemed advisable, says Mr. Gourlay, to have larger
vessels in the trade, any additional expense should not for a
moment be thought of as an objection. The Lachine Canal is to
admit only of boats. This may suit the merchant of Montreal, but
will not do for Upper Canada. Indeed I am doubtful if our great
navigation should at all touch Montreal, and rather think it
should be carried to the northward. As to the line within the
province, my mind is made up, not only from inquiries commenced
on my first arrival here, but from considerable personal
inspection of the ground, as well between Lake Ontario and Lake
Erie, as below. My opinion is that the navigation ought to be
taken out of the river St. Lawrence, near the village of
Johnstown, in Edwardsburgh, and let into the Ottawa, somewhere
below the Hawkesbury Rapids; probably in that part of the river
called the Lake of Two Mountains. By a bold cut, of a few miles,
at the first mentioned place, the waters of the St. Lawrence
might be conducted to a command of level, which would make the
rest of the way practicable, with very ordinary exertion. The
idea which has been started by some of raising the navigation by
two stages, first into Lake St. Francis, and thence to the higher
level, may do for boat navigation; but, for vessels of a large
scale it is greatly objectionable. Any benefit to be gained from
the lake considered as part of the canal already formed, would be
quite overbalanced by the want of a good towing path. A boat
navigation may, I think, with benefit to the parts adjoining, be
brought up so far as Milrush, through Lake St. Francis, and
thence be taken into the line of the grand canal. The advantages
to Upper Canada from a navigation on a large scale would be
infinite. Only think of the difference of having goods brought
here from England, in the same bottoms to which they were first
committed, instead of being unshipped at Quebec, unboated and
warehoused in Montreal, carted to the ditch canal, and there
parcelled out, among petty craft for forwarding to Kingston. Then
again at Kingston tumbled about for transport across Lake
Ontario; and again, if Amherstburgh is the destination, a third
time boated, unboated, and reshipped. Think of the difference in
point of comfort and convenience to the merchants here. Think of
the greater despatch. Think of the saving of trouble and risk.
Think of being unburdened of immediate commissions and profits.
Think of the closer connexion which it would form between this
province and England. Think of the greater comfort it would
afford to emigrants, and how much it would facilitate and
encourage emigration. With navigation on a large scale,
shipbuilding would become an object of great importance here, and
new vessels might be ready loaded with produce to depart with the
first opening in the spring. There are but few vessels trading
from England to Quebec, which make two voyages in a season, and
then it is with increase of risk that the second voyage is
performed. Every vessel could leave England, proceed to the
extremities of Lakes Michigan or Superior, and get back with ease
in a season, or every vessel could leave Lakes Erie or Ontario in
the spring, proceed to England, get back here, and again take
home a second cargo of produce. In time of war what security
would such a scale of navigation yield. It would put all
competition on the lakes out of the question. Upper Canada would
then possess a vast body of thorough bred seamen and ship
carpenters, with abundance of vessels fit to mount guns, not only
for their own individual defence, but to constitute a navy at a
moment’s notice. In a commercial competition too, the Great
Western Canal of the States would be quite outrivalled by such a
superior navigation. Upwards, except at the Falls of St. Mary,
where a very short canal would give a free passage, navigation is
clear for more than a thousand miles, and when population
thickens on the wide-extended shores of the Upper Lakes, only
think how the importance increases of having the transport of
goods and produce uninterrupted by transhipment. Such was Mr.
Gourlay’s dream in the jail of Niagara. It is now reality. Ships
of war, American and British, have passed from Lake Ontario down
the St. Lawrence to the ocean, the ship Eureka embarked
passengers for California, at Cleveland, in Ohio, and passed down
the St. Lawrence to sea, safely reaching her destination on the
Pacific, and sea-going vessels have been built in Kingston to ply
between that port and Liverpool direct. Steamships pass up the
St. Lawrence canals and down the St. Lawrence rapids. Canada is
advancing with giant strides, small as her beginning was. It was
in November, 1823, that George Keefer, J. Northrop, Thomas
Merritt, William Chisholm, Joseph Smith, Paul Shipman, George
Adams, John Decoes, and William Hamilton Merritt, advertised in
the Upper Canada Gazette that, as freeholders of the
district of Niagara, they intended to petition the legislature at
the next session of parliament, to incorporate a company for the
purpose of connecting the Lakes Erie and Ontario, by a canal
capable of carrying boats of from twenty to forty tons burthen,
by the following route:—To commence at Chippewa, ten miles
above the mouth of that creek, on the farm of John Brown, from
thence to the head of the middle branch of the twelve mile creek,
at G. Vanderbarrack’s, from thence to John Decoes, passing over
to the west branch of the twelve mile creek, on the farm of Adam
Brown, and continuing along the said stream to Lake Ontario. From
the Chippewa to Grand River, either from the forks of the
Chippewa, through the marsh, or from Oswego, whichever may prove
most advantageous,—and for the erection of machinery for
hydraulic purposes, on the entire route.

There was a beginning by men whose names are familiar to the
Canadians. These were some of the pioneers of improvement, and
some of them yet living have to combat the vulgar or interested
reproach of being possessed with ideas of utopian schemes. But it
is time to turn again to the baser things of Lower Canada. Lord
Dalhousie, who had paid a visit to Nova Scotia, immediately after
the prorogation of the parliament of Lower Canada, returned to
Quebec in August. In October he established a new official
Gazette. The commission of King’s Printer given to Mr. Samuel
Neilson, in 1812, was revoked, and Dr. John Charlton Fisher, who
had been the editor of the Albion, published in New York,
was commissioned as the printer in Canada, to the King’s Most
Excellent Majesty. Dr. Fisher was a man of gentlemanlike
exterior, of good address, of superior educational acquirements,
of fair mental capacity, and, in a word, a gentleman and a
scholar. He was an Englishman, and passionately loyal. But he was
no match in shrewdness for Mr. Neilson, who was now more bitterly
opposed to the government than ever. Dr. Fisher was, however,
beyond any question, better suited for the management of a court
journal than Mr. Neilson could have been. Mr. Neilson was a
colonist and deeply imbued with that spirit of independence which
is natural to the resident of a country far removed from the
extremes of majesty and misery. Dr. Fisher had been the resident
of a town in England, an officer of the English militia, and
having had long to live on smiles, he smiled again to live. He
was a courtier.

There was a considerable immigration both in 1822 and 1823. In
1822, 10,465 immigrants had arrived at Quebec. This year 10,188
immigrants had arrived. Nearly 60 families, consisting of 200
persons, the majority of whom were Quakers, had come from
Bristol, in England to settle in Upper Canada.

The legislature of Lower Canada was again summoned to meet for
the despatch of business, on the 25th of November. It was the
last session of the parliament. Lord Dalhousie in opening the
session apologised for the statements about financial
difficulties, which he was obliged to make so frequently. He
entreated the House to proceed with the public business
harmoniously. He recommended the further consideration of the
judicature bill, and his message of the 4th of February, calling
attention to the expediency of enacting a law for the public
registry of instruments conveying, changing, or affecting real
property, with a view to give greater security to the possession
and transfer of such property, and to commercial transactions in
general, which had been overlooked in the previous session. And
the Assembly proceeded to business. Thereupon Lord Dalhousie
officially informed the House that he had suspended the Receiver
General from the performance of the duties of his office. The
Governor had directed his attention after the close of the
previous session, to ascertain the state of the funds upon which
large appropriations had been granted, and there appeared to be
£96,000 in the hands of the Receiver General. But when His
Excellency had called upon that officer to declare whether he was
prepared to meet warrants to that amount, various accounts and
statements shewing claims on the part of the province, on the
imperial treasury, and the military chest, the payment of which
into his hands would enable him to meet the demands of the
government and, in time, to pay up the actual balance of his
accounts with the public men, were submitted to him. He was not
then prepared with the balance required to meet the warrants for
the public salaries, and he requested that the warrants might not
be issued until the 1st of July, when the revenue of the current
year would place funds in the chest. Lord Dalhousie agreed to the
Receiver General’s request, concerning the time of issuing the
warrants; but the question as to the repayment of the sums
claimed by the Receiver General as due to the province, being one
on which His Majesty’s government alone could decide, Mr.
Davidson was sent to England, on the part both of the government
and of the Receiver General, with voluminous papers to be
submitted to the Lords of the Treasury. When, however, Lord
Dalhousie returned to Quebec from Nova Scotia, he was informed by
the Receiver General that he was unable to meet any further
warrants to be drawn upon him. Under such circumstances it only
remained for the Governor-in-Chief to appoint a commission of two
gentlemen to inspect and control the operations of the Receiver
General; and he took upon himself the responsibility of granting
loans from the military chest, to meet the urgent necessities of
the civil government. But two days before the House had been
assembled, no intimation having been received from the imperial
authorities, that the claims advanced by the Receiver General, on
the part of the province, would be admitted, he had been
compelled to suspend the Receiver General until the pleasure of
the king should be known with regard to him, or, at least, until
arrangements should be made for replacing the deficient balance
in the public chest. Mr. Caldwell was to be pitied, if not
excused. His father, his predecessor in the Receiver Generalship,
had left him a defalcation of £40,000 to be made good from
a salary of £500 a year. Mr. Caldwell was compelled to
engage in trade, and he did engage in trade successfully. He
acquired large property. His estate at Lauzon was worth
£1,500 a year, but then he bought his estate, to make good
his father’s deficiencies, by trading on the public monies, and
he entailed the estate on his son, to prevent its falling into
the hands of the province, with whose means he had improved it,
previously to announcing that he was a defaulter towards the
province to the extent of £96,117. This was not honorable
and deserves neither pity nor excuse. The courts of law would not
countenance the entail. The pretended entail was dismissed in the
Canadian courts and dismissed in the courts of law in England. It
was not to be supposed that Mr. Caldwell could keep an estate
improved at the public expense, on the condition only of paying,
during his life, £1,500 a year, out of it, to government.
But Mr. Caldwell had a claim upon the province. He had paid out
large sums of money, for which he was as much entitled to 3 per
cent as was the Receiver General of Upper Canada. He and his
father had received a million and a half, the per centage on
which, at 3 per cent, was £45,471, which ought in equity to
be allowed him. He would pay, moreover, £1,000 a year, in
the event of his restoration to office, with a provision, by the
legislature, suited to its responsibility. Now it does seem that
if Mr. Caldwell was prepared to pay so many thousands a year, on
certain conditions, there was no necessity for his default. The
House would have nothing whatever to do with Mr. Caldwell. He was
not their officer, and he was a defaulter. The imperial
government were bound to make good the Receiver General’s
defalcation, and they would address His Majesty on the subject.
They did so. It was alleged that Mr. Caldwell was an officer of
the imperial government, over whom the provincial government had
no control, and that he had lost to the province £96,117
13s. and one farthing, which it was right that the government of
England should make good to the government of Canada. The
Assembly proceeded to another matter. On the motion of Mr.
Bourdages a committee was appointed to consider the propriety of
erecting an equestrian statue “in memoriam illustrissimi viri
D. Georgii Prevost, Baroneti, Hujusce Provinciæ,
Gubernatoris, Atque Copiarum Ducis Canadarum Servatoris
.” The
statue was never erected, the excuse being simply “no funds.” The
subject of tea smuggling was brought before the House. The
revenue had been seriously affected by the illicit importation of
Bohay, Souchong, and Oolong, from the United States. Canada was
desirous of obtaining “Gunpowder” from other and more profitable
sources, and addressed the king to know if tea could not be
obtained direct, either by some arrangement with the East India
Company, for an annual supply, or by granting to His Majesty’s
subjects the benefit of direct importation. The king’s ministers
advised the East India Company to have no more colonial tea
difficulties, and tea sufficient for the consumption of the
province of Canada was annually sent to Quebec, in the company’s
ships, until the company ceased to be concerned in the tea trade.
Messrs. Neilson and Papineau had returned to Quebec from London,
and had reported that the consideration of the union of the
provinces would not be resumed without previous notice being
given to the inhabitants of the province. The Canada Trade Act
was discussed and defended by Mr. Papineau on the plea of
necessity. The supplies were then considered, voted as before,
item by item, and twenty-five per cent discounted
on every salary, to make up for the Receiver General’s
defalcation. The Legislative Council rejected the supply bill as
soon as it appeared in their chamber, and implored His Majesty to
consider the state of the province, out of tenderness to his
loyal subjects in Lower Canada, and to grant a remedy for the
withholding of the supplies. But there was a subject of somewhat
greater importance brought to the attention of the parliament in
a message to Congress by the President of the United States. The
American government claimed the right of freely navigating the
St. Lawrence from their territories, in the west, to the sea. It
certainly was a pity that the right was not conceded. The whole
province of Canada would have gained by the increase of shipping
to its waters. The Council were, however, much alarmed and
addressed the Governor, deprecating such a concession, as
contrary to the law of nations, in similar cases; dangerously
calculated to affect the dependence of the colony, on the parent
state; as having a tendency to systematize smuggling and as
pernicious to British interests, in a variety of ways. They had
further learned that Barnharts’ Island, in the St. Lawrence,
situated above Cornwall, in the Upper Province, was to be
conceded to the Americans. They were apprehensive that the
navigation of the St. Lawrence, between Upper and Lower Canada,
was to be impeded or placed at the mercy of the States, and they
suggested a reciprocal right of navigation, during peace, of the
several channels of the St. Lawrence, south of the forty-fifth
degree of north latitude, although they had prayed the king not
to grant the reciprocal right of navigation in the St. Lawrence,
north of that latitude, in time of peace. The Assembly paid no
attention to the matter.

The Lower House, however, was beginning to be, on the whole,
somewhat factiously disposed. For the most part, the positions
assumed by the Commons of Canada, were correct positions, but
they were not incapable of doing mischievously silly things.
Indeed, while jealous to an extreme, of power in others, they
claimed extraordinary powers, rights, and privileges for
themselves. They would not have their proceedings commented upon
either by the Governor, the Legislative Council, or the press.
The slightest attempt to curb them was a breach of privilege, a
simple remonstrance was something malicious, false, or libellous.
They were occasionally pettish. A war losses Act had been passed
in Upper Canada. The brunt of the war of 1812, had fallen upon
the inhabitants of the Upper Province. There, whole villages, had
been burned, by the enemy, and grain fields laid waste. It was
only right to indemnify the sufferers. Upper Canada was, however,
totally destitute of means. The cost of her civil government had
been altogether defrayed out of the imperial treasury, until very
recently. She only received, for all purposes, a fifth of the
duties on imports collected at Quebec. To enable the government
of Upper Canada to carry out the objects sought to be attained by
the passage of the War Losses Act, the British government had
consented to a loan of £100,000, the interest on one half
of which the British government guaranteed. The other half,
£2,500, was to be provided for by Upper Canada. How to
manage it was the difficulty. Already the government had been
compelled to resort to the miserable stratagem of heavily taxing
traders, so that any dumb inhabitant of the province, and every
implement of trade appeared to be the absolute property of the
government, distributed among the people for a consideration.
Neither a man’s ox nor ass was his own. He paid to government a
consideration, not for the land on which the cattle grazed, nor
on the profits which they yielded, but for using them. It was a
similar kind of stupidity to that which in Scotland and England
refused to permit a man to make a pair of trowsers, sole a boot,
or set up types, however capable he might have been, unless he
had served an apprenticeship to the craft of seven years. It was
not considered that while the horses of a pleasure carriage would
be a proper source of revenue to a government, a carter’s horse
is not a proper subject for taxation. It was not considered that
the laborer should give of the fruits of his labor an offering to
the State which countenances and protects him, while labor is not
to be prevented by taxation. It was not considered that while
manufactured goods are properly dutiable, it is unwise to tax the
raw material. An occupation ought not to be taxed. It is a wrong
policy to tax an auctioneer, a pedlar, a carter, a merchant, a
tavern keeper, or an editor, because of his occupation; but the
stuffs which are traded in may very properly be taxed. Yet
occupations were taxed in Upper Canada, and, of course, rather to
the disadvantage than advantage of the province. It would not do
to increase the taxation on inn keepers, pedlars, hawkers,
boatmen, and on public carriages on land or water. The only way
in which money could be raised was by the imposition of higher
duties on imported goods, and the Upper Canada Assembly therefore
requested the Assembly of Lower Canada to impose new duties on
imports sufficient to make up the annual interest on the war
losses loan, required from Upper Canada. But the Lower Canadian
Assembly would not impose new taxes upon imports for any such
purpose. They sympathised with the sufferers, but as all the
disposable resources of both provinces had been employed in
resisting the unjust charges of the war, it was not now expedient
to increase the taxation on imported goods, such as wines,
refined sugar, muscovado sugar, or by so much per cent, according
to value, on merchandise. The Assembly of Lower Canada would not
do anything in furtherance of the views of those who had made
such representations to England as had led to the “Canada Trade
Act.” They did not of course say so. They, however, immediately
afterwards, passed a vote of thanks to Sir James Mackintosh and
some other members of the House of Commons, who had succeeded in
persuading His Majesty’s ministers to relinquish their support of
a bill introduced into the imperial parliament in 1822, with the
view of altering the established constitution of Canada, and the
remains of which bill was the “Canada Trade Act.” Upper Canada
had another way to obtain money from Lower Canada. The Upper had
a claim upon the Lower province. There were arrears of drawbacks
due by Lower Canada upon importations into Upper Canada during
the war, of which no exact entries had been made at the Custom
House. The “Canada Trade Act” had provided that the amount due
was to be decided by arbitration, and arbitrators appointed, in
1823, had awarded to Upper Canada £12,220. Upper Canada
applied to Lord Dalhousie for the money, but his lordship was so
embarrassed with financial difficulties that he was compelled to
refer the matter to the Assembly. The Assembly would not pay the
same sum twice. The Governor had used the money in paying the
public officers of Lower Canada, inasmuch as the award had been
made in 1823, and from the time of the award the amount due to
Upper Canada was not at the disposal either of the government or
of the Assembly, but should have been paid to Upper Canada. The
Governor had virtually suspended the execution of the Canada
Trade Act and had, in consequence, exposed Lower Canada to the
misfortune of a renewal of the difficulties with Upper Canada.
Lord Dalhousie was pestered with considerable ingenuity. The
Assembly of Lower Canada were rapidly becoming conservative or
non-progressive. They reported against any attempt being made to
abolish the seigniorial tenure, or change any of the institutions
of the country, the continuance of which was granted by the
capitulations of the colony. They were liberal enough in matters
which did not peculiarly interest the French-Canadian population.
The Church of Scotland, in Canada, having applied for a
proportion of the lands reserved for the clergy of the protestant
churches, which had hitherto been exclusively claimed by the
clergy of the Church of England, in Canada, the Assembly at once
consented and addressed the king on the subject. They were
strongly of opinion that even protestant dissenters, from the
Churches of England and Scotland had an equitable claim, if not
an equal right to enjoy the advantages and revenues to arise from
the reserves in proportion to their numbers and their usefulness.
The Church of England, in Canada was wroth. It was a pretty
thing, indeed, for a Roman Catholic House of Assembly, to presume
to represent to the King of Great Britain, and the head of their
church, that the word “Protestant” was not exclusively the
property of the Church of England. It was high time to close the
session, and accordingly, the Governor-in-Chief went down to the
Council Chamber, on the 9th of March. He was not pleased. He
said, in his prorogation speech, that he did not think the
session would prove of much advantage to the public. He would
most respectfully tell both Houses his sentiments upon the
general result of their proceedings. A claim had been made to an
unlimited right, in one branch of the legislature, to appropriate
the whole revenue of the province according to its pleasure. Even
that portion of the revenue raised by the authority of the
imperial parliament and directed by an Act of that parliament to
be applied to the payment of the expenses of the administration
of justice, and of the civil government of the province, the
Assembly claimed the control of. By the other two branches of the
legislature that claim had been denied, but it had, nevertheless,
been persisted in by the Assembly, and recourse had been had to
the unusual course of withholding the supplies, except on
conditions, which would amount to an acknowledgment of its
constitutional validity. The stoppage of the supplies had caused
incalculable mischief to the province; but the country was,
nevertheless, powerfully advancing in improvement. The people,
generally, were contented. He had hitherto averted the unhappy
consequences of the stoppage of the supplies, by taking upon
himself certain responsibilities, but as his advice with regard
to the payment of the civil list, had been, even yet, unavailing,
he would in future guide the measures of the government by the
strict letter of the law. He thanked the Council for the calm,
firm, and dignified character of their deliberations. And he
fervently prayed that the wisdom of the proceedings of the
Legislative Council would make a just impression upon the loyal
inhabitants of the province and lead them to that temperate and
conciliating disposition which is always best calculated to give
energy to public spirit, to promote public harmony, and ensure
public happiness, the great advantages which resulted from a wise
exercise of the powers and privileges of parliament. The
Governor-in-Chief of Lower Canada was on his knees fervently
praying for that which was not very likely to happen. Energy or
public spirit does not ordinarily spring from the temperate and
conciliatory tone of such inhabitants of a province as Lord
Dalhousie would have considered loyal.

It is desirable to know what Sir Peregrine Maitland was about
in Upper Canada. He had made a speech to parliament which he
considered to be his last. It was little wonder—Sir
Peregrine Maitland was intolerably tyrannical. He had gagged Mr.
Gourlay. He had destroyed conventions. He had suppressed public
meetings. And he had been censured for it by Sir George Murray.
In 1822 the Honorable Barnabas Bidwell was returned to the Upper
Canada Assembly as a reformer. Mr. Bidwell was a man of very
considerable ability. He was eloquent, and his ideas of civil and
religious liberty were liberal. Born a British subject, during
the period of the revolution, but too young to take a part in it,
he remained in the United States, after the declaration of
independence. It was not long before he attained an elevated
station in Congress. His talents, however, coupled with his
independence of spirit and love of truth made him enemies. A
hostility so vindictive was raised against him by his political
enemies, that he removed to Upper Canada, in disgust, there only
to meet with similar treatment, the result of similar causes. No
sooner did the people of Upper Canada begin to show an
appreciation of his talents, than the Upper Canadian oligarchy
saw in him a formidable rival to be got rid of by any means. A
special Act was passed to incapacitate Mr. Bidwell from holding a
seat in the Assembly. He was to be considered an alien and to be
treated as an alien as the Act directed. Mr. Barnabas Bidwell was
expelled. The spirit of opposition to a bad government was not,
however, lessened by such a course of action. New champions of
the people’s privileges arose. Colonial red-tapism and colonial
empiric aristocracy could with difficulty sustain itself. Mr.
Bidwell’s son was brought to the hustings by the supporters of
his father. He was not, without difficulty to obtain a seat. At
the first election, the returning officer, one of the original
Timothy Brodeurs, contrived to give his adversary a majority. A
protest was entered, however, and after distinguishing himself in
an able defence of his rights at the Bar of the House, the return
was set aside.[35] Another election ensued, and
the returning officer refused to receive any votes for Mr.
Bidwell, on the ground of his being an alien. The return was
again protested against, and the election again set aside. At
last a fair election was allowed, when Mr. Bidwell, junior, was
triumphantly returned to parliament. In 1824, many other reform
members were elected to parliament, and on several questions,
there was a decided majority against the faction. A new expedient
was hit upon to get rid of these intruders. An “Alien Bill,” to
make aliens of those who had taken advantage of the various
proclamations to United Empire loyalists to enter and settle in
the province was attempted to be carried. Sir Peregrine Maitland
and his advisers were not content with interdicting liberty of
speech and liberty of action. They attempted to seize the
property and very means of those to whom the faith of the
government was pledged for protection. They attempted to sweep
out of the country those who had received their titles to lands,
thirty years back, and had, for that length of time occupied
their farms. And they, consequently, attempted to alienate, and
so get rid of men who had enjoyed, for a great length of time,
the full privileges of British subjects, and who were British
subjects in sympathy and in reality as in law. Indeed it was only
by the united exertions of the people that the calamity was
turned aside. The concoctors of the scheme took nothing by their
motion. Had they succeeded, the advantage would only have been
temporary, and the reaction more terrible than it was. Having
failed in a design, which the word iniquitous is scarcely
sufficient to characterise, the House of Assembly decidedly
assumed a progressive or reform character. It was while this
silly, as well as unjust measure was being attempted to be
carried that an attack of a novel kind was made upon Mr. William
Lyon Mackenzie. Mr. Mackenzie had some years previously emigrated
to Toronto, from Dundee, in Scotland, where he had been engaged
in business, as a merchant’s clerk. An excellent accountant, he
was probably instrumental in causing it to be pointed out to Sir
Peregrine Maitland that the public accounts of Upper Canada were
not properly kept. He would have had at any rate no hesitation in
doing so. Very small in stature, he had a large head, ornamented
with a moderately sized and sparkling light blue eye, and with a
nose peculiarly short, and in comparison with his other features,
altogether ridiculously small. His nose was in wonderful contrast
with a massive fore-head and well-shaped mouth, which even when
his tongue stood still, rare as that occurrence was, ever moved.
He was peculiarly thin-skinned. The blue veins of his fair face
made him seem to have been tatooed. Mr. Mackenzie was then
astonishingly active, persevering, and intelligent, as he still
is. A more able or a more indefatigable exposer of colonial
abuses could not have appeared at a more fitting time. He was
undoubtedly the right man in the right place. He had engaged in
business, and prospered, in York. He was, at this period, the
proprietor of a periodical called the Colonial Advocate,
wherein the corruptionists of the period were unmasked with very
little ceremony or consideration. The “corruptionists,” very
naturally, desired to put him down. It was a matter, however,
daily becoming more difficult to put a man in prison and toss him
out of the country on the plea that he entertained opinions which
he might give expression to, and revolutionize the country. It
was suspected, indeed, by the magnates, that the state of feeling
in the country was such that prosecutions could not be maintained
against Mr. Mackenzie. It was even believed that they would
increase his popularity. Mr. Mackenzie travelled often to pick up
information. He went about not so much to create a public opinion
as to ascertain it. He was at Niagara with this view when a mob
of “gentlemen” stormed his printing office in York. Like all
other assaults of the kind, it was, of course, a night attack,
and being well managed was quite successful! It was not. In the
broad light of day, the press was captured and destroyed, and the
type of the Colonial Advocate seized and thrown into Lake
Ontario. Nor was this all. Mr. Mackenzie’s family and his infirm
old mother received the most brutal treatment.[36] The
authorities took very little notice of the occurrence. But Mr.
Mackenzie appealed to a jury, who, “to the no small discomfiture
of the tories, from Sir Peregrine Maitland, down to the lowest
menial employed in the political shambles,” gave exemplary
damages. This had some effect, but not the weight which
punishment for the crime would have produced. The risk of having
to pay for damages would certainly not have prevented similar
violence. The employees or relatives of the Executive
Councillors, the Judges, the Attornies, and Solicitors General,
and of such distinguished families at home would have continued
to destroy presses to this day, gaining more by the suppression
of truth and the prevention of free discussion, than they lost in
damages, had not an obstacle stood in their way, which it was
dangerous to encounter. The liberal press took up a bold
position. The speeches in the Assembly, by the leading
independents, told upon the country. A spirit of retributive
justice had been stirred up, which awed and intimidated the
ruling compact. Open violence could not again be resorted to. The
subtleties of the law were, however, brought into requisition.
Under a show of justice and a pretended bridling of
licentiousness, the press might be muzzled or compelled to play
one monotonous hymn of praise to the powers above. The libel laws
were sufficiently odious to accomplish anything. Mr. Mackenzie
was prosecuted for libel. Prosecution followed prosecution, and
where truth constitutes a libel, it is surprising how he escaped.
The juries would not convict. The eyes of the whole country had
been opened, and the conspiracies against the public liberties
were observable. Besides, Mr. Mackenzie defended himself, and
gave his persecutors nothing to boast of in the rencontres. He
never failed to improve these occasions. He entered into every
swindling transaction with greater severity than he could have
done in his newspaper. Mackenzie always succeeded in an appeal to
the people. There were others of his class not so fortunate. A
gentleman named Francis Collins, lately arrived in the country,
from Ireland, with a small competency, established a newspaper
which he called The Canadian Freeman. Mr. Collins
commented on the ruinous policy of the administration. But he did
it too fervently for the tories. Sir Peregrine Maitland, the
Governor, ordered him to be prosecuted, and upon what grounds may
be gained from the fact of the trial being put off, and the
proceedings afterwards discontinued. The end was answered.
Smarting under a sense of ill-usage, he became more severe upon
the government, and perhaps did ascribe to them more than was
true. He was prosecuted by Mr. Attorney General Robinson, a
wonderfully able man then, and now Sir John Beverly Robinson, and
Chief Justice in Canada West, and with the aid of Messrs.
Justices Hagerman and Sherwood, a verdict of guilty was brought
in against him. According to a “resolution” of the House of
Assembly an “oppressive and unwarrantable sentence” was passed
upon him. Whether or no, he was thrust into prison. The House of
Assembly applied to the Governor for his release in vain. It was
not until the king came to hear of his situation that he was
released, with a broken constitution, which brought him to the
grave in the flower of his manhood. It was so that Sir Peregrine
Maitland and the clique who surrounded him persecuted the press,
with the view of concealing from England the true state of public
opinion, in the colony. Men submit to terrible injustice before
they rebel. An able despot might so manage as to inflict almost
unheard of cruelties upon individuals without driving a
population to arms. Men with wives and families and properties,
however inconsiderable in value such properties may be, are
unwilling to risk their all, at the tap of the drum, until
wrought up to it by desperation. There is a feeling of respect
for authority, a regard for that which is believed to be law, a
peculiar sense of duty towards the State in most men, which
prevents them from assuming a position even of firmness in the
assertion of their rights. In a colony there are thousands who
bring with them recollections of home and of home institutions,
and who cannot be brought to believe that an English gentleman
will pursue a course of policy, as the governor of a colony,
which the Queen of England has too much good sense to assume,
even if she could do it, in the United Kingdom. Indeed, if a
glance is taken behind the curtain, English statesmen will be
noticed to have been liberal and well inclined towards the
colonists, and have only erred when purposely misled by those
whom they had appointed to places of which it was and is a
serious mistake for any ministry to have the patronage. Sir
Peregrine Maitland did not confine his persecuting operations to
gentlemen who gathered statistics, or printed newspapers, and
wrote political articles, commenting on an administration for
which he only was responsible to the Secretary of State for the
colonies. He was not satisfied with having seen a printing press
destroyed and the types of a newspaper office sunk in Ontario,
but must needs throw a building belonging to a private gentleman
over the Falls of Niagara. He was recalled because, in the
supposition that the law was too slow for redress, and impatient
of contradiction, as some military men are, he caused an armed
force to trespass on the property of a gentleman named Forsyth,
on the plea that his land belonged to the Crown. The property was
situated at the Falls of Niagara. A building stood upon a part of
the land claimed for the Crown by Sir Peregrine. The soldiery
tumbled the building over the precipice, and the land was free of
all incumbrances. The House of Assembly interfered in this matter
too. They attempted to obtain the evidence of the officers
engaged in the business, but the government would not permit them
to testify, the consequence of which was that the Assembly
imprisoned them for contempt. So far was their reluctance to give
evidence carried, that the Serjeant-at-Arms was compelled to
enter by force the house in which they had barricaded themselves.
The king was made aware of the whole proceedings, Mr. Forsyth’s
claim for redress acknowledged, and Sir Peregrine Maitland
recalled. It was not too soon. Before this, His Excellency
managed to juggle Mr. Robert Randall, the agent of the people to
England, against the alien bill, and who was, therefore, one of
the proscribed, out of his ample estates on the Niagara frontier,
and out of his valuable mill privileges on the Ottawa, by the
formality of law, so that he was left bankrupt and penniless, and
died in sorrow. Indeed anything in the semblance of a liberal was
in those days proscribed in a country possessed of the image and
transcript of the British constitution. A peninsular officer,
Captain Matthew, a member of the Assembly, who would not receive
“new light” at command was set upon by spies. The object was the
contemptible one of robbing him of his half-pay. A spy declared
that he had once heard him call for “Yankee Doodle,” at a play in
the metropolis. It was a grievous offence, certainly, even had it
been true. But it was enough to deprive a man who had served his
country in battle of his half-pay. Indeed, he only could get it
back again on condition of repairing to England. He went there to
seek redress and died. There were yet other sufferers. Mr.
Justice Willis had been elevated from the English bar to the
Bench of Upper Canada. There were but three Judges of the King’s
Bench, in the country, the Chief Justice Campbell and two Puisne
Judges. The Chief Justice went to England in search of a
knighthood. Mr. Willis was not in favor at Court. He had
studiously abstained from mixing himself up with politics. He had
indeed refused to be an obsequious Jefferies, and was looked
upon, therefore, as opposed to the administration. When term time
came, the Chief Justice being in England, Mr. Willis refused to
go on with the business of the Court, because there was no one to
decide in case of a difference of opinion between him and his
brother Justice. It was enough. Sir Peregrine Maitland dismissed
him, and appointed Mr. Hagerman, pro tempore, in his
stead. The newly appointed Judge must have been surprised at his
elevation. He was at the very moment of his appointment
discharging the onerous and important duties of an officer of the
Customs at Kingston. Mr. Willis appealed to the English
government and was sustained in the position which he had
assumed, but instead of being reinstated in Canada, another
office was provided for him in Demerara. The Chief Justice
shortly afterwards returned from England as Sir William Campbell,
and resigned to make way for the election of Mr. Attorney General
Robinson. Hagerman was succeeded by Mr. M’Aulay, a barrister of
six years standing, and very cheerfully accepted the humbler
office of Solicitor General. Again the House of Assembly
interfered with Sir Peregrine Maitland. They represented that
Willis had been grossly ill-used, and explained the cause. It was
without effect. The beauties of colonial irresponsible government
were as discernible in Upper Canada, where there were no
seditious, English-hating, Frenchmen, as in Lower Canada. A
private gentleman, two editors of newspapers, a member of
parliament, a captain in the army, and a judge had experienced
some of the benefits derivable from a constitution, the very
transcript and image of that of Great Britain, managed by a
General of Division and a clique of placemen. The clique were, on
the whole, men of genteel education and refined tastes. They
formed an exclusive circle of associates. Officers of the army,
on full pay, were admitted to the society of their wives and
daughters, and no one else but one of themselves, and indeed the
gentry of the country consisted of the Governor, the Bishop, a
Chief Justice, the Clerk of the Executive Council, a few of the
leading merchants, who were members of the Legislative Council,
or who were the descendants of an Executive Councillor, or of an
Aid-de-Camp, the Colonels of Engineers and Artillery, with such
of the other officers of these corps who cared for the society of
an honorable possessor of waste lands or Timber Broker, and the
officers of the regiments of the line. In the principal towns the
clergy of the Church of Scotland were sometimes looked upon as
gentlemen. Elsewhere, in common with the clergy of dissenting
congregations, they were only on a footing with those many
respectable people who cultivated farms, kept shops, or owned
steamboats. The banker had not even yet reached that scale of
importance which would have entitled him to be considered one of
the gentry. Among Governors, Bishops, Chief Justices, Clerks of
Council, and officers of the army, it would have been wonderful
had there not been men of literary tastes. These tastes did
prevail and required gratification. In Lower Canada, it was
suggested to Lord Dalhousie that it would do him honor were he to
be the founder of a Literary and Historical Society. Lord
Dalhousie—who was a really excellent man—although a
blundering governor in Lower Canada, where he had such men as
Neilson, Stuart, Papineau and even the supple Vallières to
thwart him—and anxious to benefit the colony as much as he
could at once took the hint. He founded it in Quebec, and became
its patron. It was founded for the purpose of investigating
points of history, immediately connected with the Canadas; to
discover and rescue from the unsparing hand of time the records
which remained of the earliest history of New France; to preserve
such documents as might be found amid the dust of unexplored
depositories, and which might prove important to general history
and to the particular history of the province. The Society has
not been unproductive of good. Indeed it acquired at one time
even a distant reputation. There have been both able and educated
men connected with it. The Reverend Daniel Wilkie, LL.D., one of
the most eminent teachers of youth, which the country has yet
known, a man of great learning, and capable of profound thought,
contributed many valuable papers to it. The Honorable Andrew
William Cochran, an accomplished scholar, was its President. The
Skeys, the Badgleys, the Fishers, the Sewells, the
Vallières, the Stuarts, the Blacks, the Sheppards, the
Morrins, the Doluglasses, the Reverend Dr. Cook, the Bishops
Mountain, the Greens, the Faribaults, and indeed all the men of
learning and note in the country were associated with it. But it
is decaying. The men, a greater part of whom were, in a political
sense, injurious to the country, who were capable of holding up
such a society, are being supplanted by more practicable men of
inferior literary acquirements, such as the Camerons, the
Richards, the Smiths, or the Browns. The literature of the
country is increasing in quantity and diminishing in quality, and
so it will continue to do until the wealth of the country becomes
more considerable. The means for the obtainment of a simply
classical education are now at the very door. There are
universities in Quebec, Montreal, Kingston, and Toronto, but
there are yet only a very few men with time sufficient at their
disposal, even in winter, to become Icelandically learned. The
society should, however, be maintained, and it would reflect
credit on any government to vote it a yearly grant of at least
£300. Lord Dalhousie was a benevolent and personally
upright man. Among other good things which he did, unconnected
with politics, was the gift from the Jesuits’ Estates Fund of
£300, and a large donation out of his privy purse to assist
in the enlargement of St. Andrew’s Church; which at an expense of
£2,300 was completed in 1824. As a gentleman, no man could
have been more respected than the Earl of Dalhousie was. There
was nothing despicably mean about him. He was liable to be
deceived by others. He never intentionally deceived himself or
others. He did not like the French. He did not like diplomacy.
The trickeries of the hustings were distasteful to him. He
rejoiced in being a good soldier and an honest man, and he would
have been glad had all the world been as he was. He should not,
however, have been the Governor of Canada, or the Governor of any
colony with a constitution, which could only be successfully
worked by the most skilful manœuvring and adroit trickery.
His Lordship sailed for England on the 6th of June, 1824, and the
government of Lower Canada devolved on the Lieutenant-Governor,
Sir Francis Nathaniel Burton.

END OF THE FIRST VOLUME.


 

Footnotes

 

1
The title of Henepin’s book is “Nouveau Voyage d’un païs
plus grand que l’Europe, avec les réflections des
enterprises du Sieur de la Salle, sur les Mines de Ste. Barbe,
&c., * * * et des avantages qu’on peut retirer du chemin
racourci de la Chine et du Japon, par le moyen de tant de vastes
contrées et de nouvelles colonies,” (published at Utrecht
in 1698.)

In the commissions granted to Champlain,
on the 15th October, 1612, and 15th February, 1625, the same
objects are adverted to:–pour essayer de trouver le chemin
faite pour aller par de dans le dit pays au pays de la Chine et
Indes Orientales
.”

2
The able American Historian, Jared Sparks, in a letter to a
friend at Quebec, speaking of the early missions in Canada,
says;–“For heroic struggles and great sacrifices, the world
affords few examples to be compared with those of the early
Missionaries in Canada.”

3
Now called Pittsburg, and the chief manufacturing town in the
United States.

4
In 1771, however, 471,000 bushels of wheat were exported from
Canada, of which two-thirds, it was computed, were made in the
Sorel District. See the Journal of Charles Carroll, of
Carollton, page 77.

5
People are sometimes in the habit of making light of a tempest in
a tea pot. This tea tempest was no laughing matter.

6
See the Journal of Charles Carroll, of Carollton, published by
the Maryland Historical Society, Baltimore–page 6.

7
U.S. Catholic Magazine, vol. 4, p. 251, and Brent’s Biography of
Archbishop Carroll, p. 69.

8
It is not a little odd, that Franklin should have been a member
of this Committee, seeing that he was the very man who urged upon
the British Minister, in 1759, the expediency of reducing Canada,
as the most serious blow which could be inflicted on French power
in America.

9
Carroll’s visit to Canada, p. 27.

10
Then called Newark.

11
See Duke de la Rochefoucault’s Liancourt’s travels through North
America.

12
Sir James’ letter to Lord Liverpool.

13
Sir James’ letter to Lord Liverpool, accompanied by the
explanatory Mr. Ryland.

14
Christie’s History of Lower Canada, vol. 1, page 347.

15
Sir James did reach England, but died shortly afterwards. He
expired in January 1812, aged 62.

16
Allison, page 656.

17
Alison’s History of Europe, page 662, vol. 10.

18
Alison says under the command of General Wadsworth, but Christie
speaks of Brigadier-General Van Rensellaer, while the American
accounts speak of Colonel Solomon Van Rensellaer. In this case
Mr. Christie and the Americans are to be preferred to Alison.

19
Captain Carden’s despatch to Mr. Croker.

20
Alison mixes up Colonel McDonell’s capture of Ogdensburgh, which
is below Kingston, and opposite Prescott, the scene of the Wind
Mill fight in ’37.

21
The fleet consisted of the Wolfe 23; the Royal
George
22; the Melville 14; the Earl Moira 14;
the Sir Sydney Smith 12; and the Beresford 12.

22
A rather interesting anecdote is told of Captain Fawcett. About
the end of the war he had been wounded in the heel, and was
staying, in 1815, at Mrs. Matthew’s boarding house, in Montreal.
At the table d’hôte there was a raw-boned young English
merchant, who remarked that Fawcett, to have been wounded in the
heel, must have been running away. Fawcett’s Irish blood rose to
his forehead, and on the spur of the moment he felled the
thoughtless Englishman with his crutch.

23
So say the Americans. Mr. Alison says three weeks.

24
Taken verbatim from Alison. The Wasp, whose Captain,
Blakeley, was an Irishman, was lost in the same year, during a
cruise, and no trace of her gallant captain or crew was ever
obtained.

25
Alison’s History of Europe.

26
This was the father of the celebrated Felicia Hemans.

27
It is here worthy of note that the late Lord Raglan, then Fitzroy
Somerset–sometime between the abdication of Napoleon and
Waterloo, and before his lordship had lost his arm–was in
Quebec, having been sent to Canada, it was supposed, privately to
ascertain how matters were, and especially as a spy upon Sir
George Prevost, against whom many complaints had been made by the
reigning officials.

A lady, still living, well remembers the
late Commander-in-Chief, of the British army in the Crimea, being
in Quebec. She saw him in Mountain street, and the object of his
visit was no secret.

28
True, and which an elective government will altogether remove, to
the great advantage and enduring honor of Great Britain.]

29
Christie’s History, page 290.

30
Gourlay’s Canada, page 523. vol. 1.

31
Gourlay, page 512, vol. 2.

32
Gourlay, page 316, vol. 2.

33
It is not a little curious that the judge in summing up the
evidence in this case speaks of Upper Canada being an island.

34
To-day an agitation has begun for a repeal of the present Act of
Union.

35
Well’s Canadiana, page 162.

36
Well’s Canadiana, page 164.

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