I Koo^i to ^il 'fDat'hh' yGrimsby Stain Beechi '(hlfNcrton Nellis £sq . rtfrteH-i Oiippw^ Marsh k| V. \ j. Wainfl e ^ t PtHm-ipul Hooti^ (Ythta' RtuuU . — Scale (Sktrl)) .i C’/M-/rf-J/r- ^fri/rr — t‘i'/t ^ ^ MLie LAUK S ElUE ASJ» ONTAlUO , hr tt.O. . jitr renauMiou'n FfSchhMtser ^■emment r J v ^jfgJSf Stare T~ - — ^ (.^cctto^ G U AKW X lAG AK A C AN Al^ , ✓<•>>/ • ^rht'ern — — Strficur In-el cF i'Kfwfc Staibce ^fei of j Ni Ntrer j lairs Mjeies SMOcf EXPLANATION i . OF THE MAP. Tub Map fronting the titJe-page of this volume was engraved in October, 1820, as a mere sketch, illustrative of wliat I was then writing on the subject of the Grand Canals of Canada. My political friends in the Upper Province had then been reported by newspapers, as making the great majority of members returned to the new parlia- ment; and I was sanguine, that they would insist bn having a commission sent home, to invite the supreme government to inquire into the state of public affairs. I hoped that a new order of things might be introduced:— management for mis-rule, activity for sloth, and prosperity for wretched- ness. I was disappointed :— mis-rule, sloth, and wretched- ness continue their reign over the loveliest country upon earth ; and, with utmost reluctance, I have laid aside, for the present, my schemes for its improvement. To make the sketch still useful to this work, I have now had engraved upon it the roads, names of principal places, &c. Sooner or later. Lakes Erie and Ontario will be con- nected by a canal, and I may take this opportunity to throw out a few leading hints, to engage conversation on the subject. No plan, on a small scale, should be thought of. The canal should be such as to admit schooners of vi EXPLANATTOX OP THE MAP. 100 tons burden, and steam-boats of 500; — vessels suffi- cient to carry on the whole traffic, without unloading, from Quebec to the remotest shores of Lakes Michigan and Superior. If eternal peace shall reign between the United States and Canada (and such is my hope), the course of the grand Niagara Canal should be nearly that by A, B, C, D, E. The mouth of Niagara River is, and probably ever will be, the best harbour on the south side of Lake Ontario; and considerable advantage is to be gained' by conducting the canal to some distance westward on Lake Erie shore. Vessels taking departure from Fort Erie and Buffalo, not only have insufficient room for tacking, but must labour to avoid the current which draws into Niagara River ; and are often wind-bound for many weeks together. The advantage of gaining a good point of departure, con- joins with otliers to decide that the junction of the lake navigation must proceed through Canada at all events. Should any apprehension of war continue, that course marked by dotted lines would be the best. Other courses are laid down, chiefly to shew that many are practicable; and that nature calls loudly for the assistance of art. Let not the eye be withdrawn from the spot now in view, without serious reflection. If there is one on earth intended for a paradise more than another, it is this. In point of climate, soil, variety, beauty, grandeur, and every convenience, I do believe it is unrivalled ; yet we are told by a late writer (Howison), that the depravity'^ of the inhabitants of this earthly paradise ** has been confirmed and increased by the circumstances in which they are now placed.” — What circumstances? On the face of this map we may observe, that tlie sword has been drawn for bloody strife in no less than eight places. What circumstances caused this? Whence came these fightings? — from the depravity of the inhabitants? I think not. Gentle reader! say rather, from the depravity of government. 5 JOSEPH HUME, ESy. M. P. London^ 26 fh Jamumi, 1822 . You Jiuve had good opportunities, and used them well. Better opportunities await you; and, having now gained public confidence, much is in your power. You may indeed immortalize your name, simply by continuing that calm, correct, and busi- ness-like course, which happily you have chosen. Retrenchment has hitherto been your principal aim; but should your attention be directed to the state of our North Ameri- can Colonies, you may discover a double object: you may perceive, that while a vast expenditure could immediately be saved in that quarter, a considerable revenue may be acquired merely by good management. VIII TO JOSEPH HUME, ESQ. M. P. Should you find time to peruse these volumes, I would not at first desire your . consideration to the greater and more com- plicated schemes which are proposed in them. Adverse circumstances have conspired to crush me in every way ; and the completion, even of necessary explanation, is not accom- ' plished. A third volume was required, to elucidate my plans; and that, for the present, is withheld. In these volumes, to which I now earnestly solicit your notice, you will find, I think, sufficient matter for a beginning; and, were inquiry fairly begun by you; — were Parliament ^ once awakened to a serious consideration of — the profit and loss of North American Colonics, — I should not despair of an advance to greater and greater good. . ^ ^ * I have the honor to be. Sir, ! Your obedient Servant, ROBERT GOURLAY. ERRORS, OMISSIONS, &c. f Note omittedy page cix. — Wages are novf reduced to 7s. per week.” Page clxxxiii, for this volume,” read vol. 1, page 270. Page cc, note, for “ this first volume,” read the first volume. Page c, note. Reading over this note to an American gentleman, he seemed to take alarm, lest the word ramshackle should be 'palmed on his country. I take it home willingly, as a Scot- ticism, and one well applied, as may be afterwards shown. Omitted, bottom of page ccv. — In war. Captain Brant was noted for humanity. Note omitted, page 108, vol. 1. The British fleet consists of one ship of 110 guns, one do. 64, one frigate 50, one do. 48, one sloop of war 26, one do. 24, one brig 18, one do. 16, one schooner 12; amounting in the whole to 368 guns, with two ships of the ine on the stocks. The American fleet consists of one ship of 64 guns, one frigate 50, one do. 32, one do. 28, three brigs of 26 each, one do. 18, and one schooner 6; amounting to 276 guns, with two large ships on the stocks, each of them to carry 120 guns. In vol. 2d, page 339, “ selling of wives in a halter,” is spoken , of as expressly authorized by law. This is not the case; but should not law forbid such a barbarous custom? In page clxxii of this General Introduction, I have also written carelessly as to the establishing of freeholds on waste : some ytari of undisputed possession Was, I understand, required B i X ERRORS, OMISSIONS, &C. by law; nevertheless, the poor had formerly much freedom in this way, 'I’hese instances of carelessness have been pointed out by intelli- gent friends, and are noticed, to give opportunity of apol^ gizing for a style of writing which is apt to overleap rigid inquiry, where it has not occurred as being of importance. 2 he Index having been printed off before it was intended that the General Introduction should extend so far as it does, the following additions are tiecessar^, to make it complete. Assembly of Upper Canada, its reply to the speech of the Lieut.- Governor, declaring his intention of withholding tlie royal grant of land from the members of the Convention, ccccxxii. To his first speech on opening parliament, ccccxxxviii. Its resolutions on certain parts of that speech, ccccxxxix. Bill for preventing certain meetings in Upper Canada, brought in by Mr. Jones, ccccxl. Read a third time, and passed, ccccxli. Its enactments, ibid. Canada, remarks on the impolicy of abandoning or selling it to the United States, cccxlv. and note, , Upper, proposal for the improvement of its revenue, ccclxxxi. All duties on importation from the United States should be abolished, ccclxxxvi. And all taxes but one, on land, ibid. Supposed value of the province, ibid. Forma- tion of good roads, the first step towards its improvement, ccclxxxvii. Navigation of the St. Lawrence, a great national object, ccclxxxviii. Plan for its improvement, and estimated expense of this, ccclxxxix. Effects of its adoption, ccccviii. Extent to which it should be carried, ccccxix. Its infinite advantages, ccccxx. Causes of the poverty and degradation of the province, cccclxxvi. cccclxxviii. Coke, Mr. his speech on presenting a petition from the agricul- turists of Norfolk, to the House of Commons, ccccxxiii. note. Remarks on it, ccccxxiv. note. 3 ERRORS, OMISSIONS, &C. XI Constitution of Upper Canada, opinions in the English parlia- ment on granting one, cccclxxiii. Absurdity of comparing it with the British constitution, cccclxxiv. Not the cause of the degradation of the province, cccclxxvi, cccelxxvii. Gourlay, Mr. his proposal for the collection of the revenue of Upper Canada, by a single tax, on land, ccclxxxi. Remarks on the errors in the present system, ccclxxxiii. Conjecture as to their cause, ccclxxxiv. Observations on the funding system of England, cccciv. On the Corn Bill, ccccv. On the new settlement of Perth, ccccx. On the taxation of wild land, ccccx V. Address to the people of Upper Canada, on the agricultural distresses of England, ccccxxiii. Extract from his “ Letter to the Earl of Kellie,’^ ccccxxxi. note. Address to the Canadians, on the proceedings in the last session of their parliament, ccccxxxiii. Letter to one of his jurymen, ibid, note. Reflections on the conduct of the House of Assembly and the Lieut.-Govemor, in 1818 , ccccxliii. His petition to the House of Commons, ccccxlv — ccoclx. and notes. Remarks on the character of the people of the United States, ccccxlvii. note. On an absurd statute of the Canadian parliament, relative to tithes, ccccli. Tiote, On the contraband trade between the United States and Upper Canada, cccclvi. note. Explanation of an expression in his petition to the House of Commons, cccclx. On moral restraint, cccclxii. Further remarks on the benefits which would arise from the settlement of the province, cccclxiii. On the mission of the provincial attorney-general to England, cccclxiv. Benefits which may arise from this, notwithstand- ing the littleness of its object, ibid. His letter to the editor of the Niagara Spectator, cccclxv. His fourth address to the resident land-owners of Upper Canada, cccclxvii. Sketch , of the events which led to the American revolutionary war, cccclxx. Extent of his views of reform in the province, cccclxxvi. His answer to Captain Stuai^’s reply to his fourth address, cccclxxxviii. Remarks on kingly government, ccccxciv. Note to Sir Peregrine Maitland, dii. and diii. note: and to the Duke of Richmond, diii. Summary account of the cruel treatment which he has experienced, div. xii ERRORS, OMISSIONS, &C. Great Biitaiio, increase of its population during the last twenty years, ccccliv. 7Wte. Jones, Mr. extract from his speech in the House of Assembly, ccccxxxvi. ' Remarks on it, ccccxxxvii. His motion relative to the Lieut.-Goyernor’s speech, ccccxxxviii. Obtains leave to bring in a bill to prevent public meetings, ccccxl. Which is read a third time and passed, ccccxli. Remarks on bis character, ccccxliii. Ireland, means by which that country might be easily redeemed from distress, ccccxxix. Legislative Council of Upper Canada, its reply to Sir Peregrine Maitland’s announcement of his intention to withhold the royal grant of land from members of the Canadian Con- vention, ccccxxi. To his first speech on opening the pro- vincial parliament, ccccxxxviii. Maitland, Sir Peregrine, Lieut.-Govemor of Upper Canada, ex- tract of his first speech to the provincial parliament, ccccxxxvii. His speech at the close of the session, ccccxli. Sketch of his history, ccccxciii. Newfoundland, wretched state of that island, cccxli. and not^ Simeoe, General, remarks on his character and measures for the improvement of Upper Canada, cfccclxxvii. Stuart, Captain, his reply to Mr* Gourlay’s fourth address to the land-owners of Upper Canada, cccclxxix. Answer by Mr. Oourlay, cccclxxxviii. United States of America, statement of their finances, ccccxlix. note. Increase of population, in the last thirty years, ccccliv. 7U)te, Not owing to emigration, cccclv. note. Wild land, the chief bane of Upper Canada, ccccxiv. Estimated quantity in the province, ccccxv. Plan for its taxation, ibid. Benefits which would arise from this, ccccxvi. ccccxli. Supposed Case in illustration, ibid. GENERAL INTRODUCTION. CIRCULAR To MEMBERS of the IMPERIAL PARLIAMENT. London, June 10 , 1830 . SIR, The following Statement, with Do-- cuments, was offered for publication, last January, to several Newspaper Editors, both in Edinburgh and London. Immediately afterwards, the King’s death, and consequent dissolution of Parliament, delaying the principal intention, the publication was not pressed.^, On reviewing this Statement, after it has been written five months, I see nothing material in it to correct, and think it the best brief introduction to the business to which I now most earnestly solicit your attention. * The importance which I myself attach to this business may be estimated by the solemn assurance that I crossed the Atlantic for the express purpose of submitting it to the Prince and Parliament of Britain, and that I am now come up to town from Scotland solely rvith this view. It is not my indi- vidual interest which has urged me thus far. I, no 11 GENERA!/ INTRODUCTION. doubt, shall he (/ratified if this can he advanced, or if I can have an opportunity of wiping off the stain so cruelly cast upon my reputation; hut, before God, I declare that these are comparatively small objects when placed beside that which aims at maintaining, in my person, the abstract right and honour of a native-born British Subject. On this account. Sir, I am free in addressing you, and sanguine of having your assistance. The Documents here produced will, I conceive, sufficiently put you in possession of the case; but I shgll, with gladness, wait upon you any where, in town, to converse on the subject, or receive commu- nications thereon, addressed to me at Cooper's Hotel, Bouverie-street. The Sketch of a Petition to the Commons House of Parliament is not that which 1 may ultimately adopt. It is here e,xhibited partly for the purpose of explaining my views and arguments — partly to give a lead to those who may be so friendly as to correct my errors or assist my endeavours. For like pur- poses I have also annexed a Sketch of a Petition to, the King in Council. You will observe in the Statement some bold asser- tions made by me cis to the capabilities of Upper Canada ; and, although I am desirous, in the fvsh place, to have my particular case discussed, I wish, it, tg be clearly understood that up to this moment i flinch not from any thing I have said, and' shall be willing, if c(fihd on, to. give explanation a& to tha GEKEftAt INTRODUCTION. ii} practicable fulfilment of my assertions at the bar of yonr Home. From the Morning Chronicle of '29th April lastf I copy the following conversation held in the House of Commons, the day preceding. “ Lord A. Hamilton would suggest an emigration to our colonies in North America, as the most effect tual means of mitigating distress. “ The Chancellor of the Exchequer said, His Majesty's Ministers were disposed to adopt every measure which could really contribute to the relief of the distresses of the labouring classes. Above 5000 persons had embraced the offers of Go^ vemment, and sailed for the Cape of Good Hope. With respect to the proposal of emu greeting to North America, the Noble Lord was, perhaps, not fully aware of the present condition of persons who had actually gone there. So far from finding increased means of subsistence, the last ac~ counts proved, that they had expei-ienced a want of employment fully equal to that which existed in the most distressed manufacturing districts of this country. -. Government were disposed to give every facility to any practicable scheme for mitigating the distresses of the people ; but, before they consigned them to a foreign shore, it would be prudent to ascer- tain how far their condition was likely to be im- proved. The North American provinces of Great Britain had been so overloaded with emigrants, that the government cf Canada had made the strongest a 2 iv general introduction. remonstrances to this Government on the subject. He wae not prepared to submit any plan to the House, and he repeated that before the proposition of the Noble Lord were entertained, it would, be wise to wait for some account of the progress of .the colony at the Cape of Good Hope. “ Mr. Finlay said, that he, as well as the Noble Lord, had received applications from persons who were extremely anxious to emigrate, but who were wholly destitute of the means.'' Now, Sir, I do assert, that BY PROPER MANAGEMENT, THE MISERIES EX- PERIENCED BY EMIGRANTS GOING OUT TO CANADA MIGHT BE AVERT- ED ; AND THAT EVEN PEOPLE « DES- TITUTE OF MEANS" COULD BE COMFORTABLY SETTLED THERE: IN SHORT, THAT PLANS COULD BE ADOPTED TO REALIZE EVERY BE- NEFIT TO CANADA AND BRITAIN WHICH YOU WILL FIND MENTIONED BELOW. Having said thus mucky it remains for me only to subscribe myself y Your fellow subject and client y^^ • * * i A ROBERT^ GOURLAY. ■GENERAL INTRODUCTION. STATEMENT. TO THE EDITORS OF BRITISH NEWS- PAPERS. Gentlemen, iJraigrothie, Fifeshire, Jan, 3, 1820. I LANDED at Liverpool, from Quebec, the 2d December, and have since learned, that, during the last two years, my name has frequently appeared in your columns, connected with certain political movements in Upper Canada. By consulting the files of various newspapers, I have discovered that very great mistakes have prevailed as to Canadian affairs, and that calumnies, both false and malig- nant, have been propagated with regard to me. As a specimen of these, it has been published that I was “ One of the w’orthies who escaped from Spa-fields and attempts have been made to impress a belief on the public mind, that my ope- rations in Canada were connected with the schemes of Messrs. Cobbett and Hunt in England. The very contrary of all this is true. In consequence of unavoidable change of fortune, I went out to Upper Canada, where I had many friends, in the summer of 1817, solely with a view to ascertain whether it would be prudent to re- eEV)5BAi< INTRODUCTION. move my family thither. My intention of going there was announced more than a year before I set out, and my wish was not to be more than six months from home. Though a sincere friend to parliamentary reform in this country, I had repeatedly published, before going abroad, tny opinion of the impropriety of holding large irregular meetings for that purpose, and particularly reprobated those of Spa-fields. No man can shew that I was ever connected in politics with a single individual in Britain ; and it must be well remembered in Wiltshire, that 1 stood forward in opposition to Messrs. Cobbett and Hunt, at the county meeting held there in 1816, when their object was to run down the property- tax. So very decided and serious was I on that occasion, that I caused to be stuck up in every corner of the county a placard, declaring, that, hy a well modified property-tax, and by that alone, could the country he preserved in peace.’* In Upper Canada my efforts had no view what- ever to a reform of parliament. The people there have a perfect representation, and before long they will make a better use of it than they have hitherto done. Soon after my arrival in that country, I viewed it as the most desirable place of refuge for the redundant population of Britain, and I con- ceived schemes for promoting a grand system of emigration. Nothing could be more palpably innocent than my first proposals, yet they were opposed, and from reflections springing out of the nature of this opposition, I became convinced, that GENERAL INTRODUCTION,-' Vii without parliamentary inquiry into the state of the Province, every effort towards liberal improvement would be futile and vain. I prolonged my stay till the meeting of the Provincial parliament, that I might press a reference of certain matters to the Prince and Parliament at home. A vote of inquiry was carried in the Commons House of Assembly ; but immediately afterwards a dispute having arisen between that body and the Legislative Council, the parliament was suddenly prorogued, its business tinfinished. At this juncture, and without the slightest idea of evil, I advised the people to raise a subscription, and send home Commissioners to intreat attention , from the Throne to the affairs of the Province. It was necessary to hold a meeting of Deputies for the purpose in view, and to this meeting I iuad* vertently gave the name of Convention, a name in every-day use over America, and applied to all sorts of meetirigs, both civil and sacred. On this occasion, it proved to be — ■■■ “ A word of fear. Unpleasant to the guilty ear.” The Executive of Upper Canada took alarm. In some districts, where the people had little in- formation from newspapers, the most outrageous opposition was set on foot by creatures in office; and, to cause a general panic, I was twice arrested, and held to bail for appearance to answer charges of seditious libel. Notwithstanding all this, respectable Deputies viii ’general introduction. were chosen throughout the greater part of the Province, and they met openly in Conv^tion York, the capital. By this time, the Du e o Richmond and his son-in-law had been announced as Governor and Lieutenant-Governor ot the Ca- nadas. I conceived favourable impressions ot their liberality, and judging that the agitation excited, could not fail to impress serious notions of the importance of inquiry, advised the Convention to refer its cause to the Lieutenant-Governor and General Assembly, After this, I stood two trials, and was twice honourably acquitted. The people were now sanguine that all would go well, when, to their astonishment, the Lieutenant-Governor having met the parliament, hinted that sedition existed, and procured a law to prevent, in future, meetings by deputy. The discontent created by these measures, libelling the most loyal men, and without any proof of necessity circumscribing ge- neral liberty, was universal ; yet, nothing more was resolved on by the people, but to clear the House of Assembly, at next election, of members who had balked their expectations. Tome, who indulged the anxious hope of being allowed to develop my views, and point out a practicable plan, by which many thousands of the idle poor of England could be annually transported into Canada, with profit to the nation, and comfort to themselves, the dis- appointment was cruelly provoking ; but it was far from rendering me hopeless of ultimate success. I had resolved to establish myself in the Frovincd as a land-agent, &c. and was now treating for a GENERAL INTRODUCTION* IX house in which to commence business, when, lo! I was arrested by the Sheriff, carried before a party of my most virulent political enemies, and served with an order to quit the Province, merely because a wretch was found base enough to swear that I was a seditious person. To have obeyed this order would have proved ruinous to the business, for which, at great ex- pense, and with much trouble, 1 had qualified myself : it would have been a tacit acknowledg- ment of guilt, whereof I was unconscious ; it would have been a surrender of the noblest British right : it would have been holding light my natural alle- giance: it would have been a declaration that he Bill of Rights was a Bill of Wrongs. I resolved to endure any hardship rather than to submit vo- luntarily* Although I had written home that I meant to leave Canada for England in a few weeks, I now acquainted my family of the cruel delay, and stood my ground, till I was a second time ar- rested, and forthwith committed to remain in jail for eight months, without bail or mainprize. The impressions made on the public by this strange proceeding were such, that it was intimated from various quarters, that if I chose, the jail should be pulled down for my relief, a step which, of course, I opposed. My enemies, now feeling that they had gone too far, laboured, by artful addresses to the Lieu- tenant-Governor, to impress an opinion upon the public mind that some of my writings were sedi- tious; but this conduct only exposed to fuller X GENERAL INTRODUCTION. view the malevolence by which they were actu* ated. All hope of convicting me of crime seemed to die away, and after three months confinement, it was whispered that I should not be tried for sedi- tion, but, simply, for not having obeyed the order to quit the Province. This I could not believe possible. In the mean time, I instituted a suit for false imprisonment, and wrote off to various quar- ters for legal advice. From Montreal — From Edin- burgh — from London, the replies of most respecta- ble lawyers were uniform, that my imprisonment was illegal ; and the late Sir Arthur Piggott declared, that not only should the Chief Justice of Upper Canada have granted my liberty, applied for by writ of Habeas Corpus, but that a good action lay against the magistrates who had imprisoned me. Among the matters which the Convention had in view was one, to call the Royal attention to a promise held out to the Militia during war, that grants of land should be made to them in recom- pense for their extraordinary exertions. It had been the policy of the United States to hold out offers of land to their troops who invaded Canada, —offers, without which they could not have raised an army for that purpose, and these offers had been punctually and liberally fulfilled, the moment that peace was restored. On the British side, three years had passed away without attention to a promise which the Canadian militia kept in mind, not only as it concerned their interest, but their honour. While the Convention trusted the con- sideration of inquiry to the Lieutenant-Governor OEKERAL INTRODUCTION. xi end Assembly, they ordered an address to be sent home to his Royal Highness the Prince Regent, as a matter of courtesy and respect, having annexed to it the rough sketch of an address originally in- tended to be borne home by a commission, in which sketch the neglect of giving land to the Militia was, among other matters, pointed out. This sketch, too, having been printed in America, found its way into British newspapers. In June, 1819, the Lieutenant-Governor of Upper Canada, summoned the Assembly to meet a second time, and in his speech, notified that he had received an order from his Royal Highness the Prince Regent, to grant land to the Militia, but that he himself should think it proper to withhold such grant from those persons who had been mem- bers of Convention. The injustice of this measure was instantly in the mouth of every one, and the very Sheriff who held me in charge scrupled not to signify how it would go, should the province again be invaded, while at that very moment it was thought by many that a war with the United States would grow out of the aflfair of Ambristier. The members of Convention had met at York, prior to any law to prevent the meeting of dele- gates : they had met in compliance with the de- sire of many thousands of their fellow-subjectSj and were wholly unconscious of evil: they were men of tried loyalty: they had held- militia com- missions during the war : some had been wounded, some had'been taken prisoners, and all had- behaved well. Most of them owned* more land than they 3 xii GENERAL INTRODUCTION. could dispose of, and any gift of land could be to them, a mere pledge of approbation for duty per- formed to their sovereign and^ country. Several weeks passed away, while it was anxiously hoped that the Assembly would mark its disapprobation of the opening speech ; but approval was at last carried by the speaker’s vote, i and the Legislative Council concurred in language the most direct and submissive. To me, such conduct seemed subversive of every hope that Upper Canada could be retained to Britain in the event of war, and to startle those who so thoughtlessly put it in jeopardy into a consideration of consequences, I seized my pen, and called on God to assist my endeavours. My writing, when published, was voted by the As- sembly to be libel, and the Lieutenant-Governor was solicited to order prosecutions. The editor of the newspaper, who had had the assurance of a magistrate, that he should not be molested while he had the manuscripts of authors to produce, and who was on this occasion wholly ignorant of what was printed in his office, being 130 miles from home, was seized in his bed during the middle of the night, hurried to Niagara jail, and thence, next morning, to that of York, where he was detained many days out of the reach of friends to bail him. After this he was led round the country nearly a hundred miles, exposed to view as a malefactor of the worst kind, all clearly for the purpose of work- ing unfavourable impressions against him ; and, to be sure, he was finally convicted on a charge, GENERAL INTRODUCTION. xiii which, from its nature, the author alone was com- petent to repel*. My treatment was still more wantonly cruel. After two months close confinement in one of the cells of the jail, my health had begun to suffer, and, on complaint of this, the liberty of walking through the passages and sitting at the door was granted. This liberty prevented my getting worse the four succeeding months, although 1 never en- joyed a day’s health, but by the power of medi- cine. At the end of this period, I was again locked up in the cell, cut off from all conversation * Since the above was first published, I have observed it stated in the newspapers, that the editor has been liberated from prison, and is now again carrying on his business. Before his trial, I in- treated him again and again to traverse, and let me have an oppor- tunity of defending my own writing ; but it was in vain. I then begged of his lawyer, to defend his client on the argument used by Mr. Erskine, in the case of CuthelJ ; but all was to no purpose. They were sanguine of success, and perhaps ambitious of appear- ing champions of the press ; but a weak jury headed by a petty magistrate, gave that away, which the people in the United States, who have, for twenty years past, disclaimed the very notion of political libel, would sooner have lost their right arms than have parted with. No one would punish slander on private character more severely than I would: men in power should always be entitled, as well as others, to redress in a civil suit ; but, to make due reprobation of mal-administration in public affairs criminal, is what I shall protest against while I have breath; and my first wish, on returning to Upper Canada, shall be to obtain a trial, and give the people of that country, by dispassionate argument, a clear view of the truth. I have in my possession a speech which was written in expectation of being fairly tried, and that speech shall be preserved for the purpose. XlV GENERAL INTRODUCTION. with my friends, but through a hole in the door, while the jailor or under sheriff watched what was said, and for some time both my attorney and ma- gistrates of my acquaintance were denied admis- sion to me. The quarter sessions were held soon after this severe and unconstitutional treatment commenced, and, on these occasions, it was the custom and duty of the grand jury to perambulate the jail, and see that all was right with the pri- soners. I prepared a memorial for their consi- deration, but, on this occasion, was not visited. I complained to a magistrate through the door, who promised to mention my case to the chairman of the session ; but the chairman happened to be brother of one of those who had signed my com- mitment, and the court broke up without my ob- taining the smallest relief. Exasperation of mind now joined to the heat of the weather, which was excessive, rapidly wasted my health and impaired my faculties. I felt my memory sensibly affected, and could not connect my ideas through any length of reasoning, but by writing, which many days I was wholly unfitted for by the violence of continual head-ache. Im- mediately before the sitting of the assizes, the weather became cool, so that I was able to apply constantly for three days, and finish a written de- fence, on every point likely to be questioned on the score of seditious libel. I also prepared a for- mal protest against any verdict which might pass against me, as subject to the statute, under cofour of which I was confined. GENERAL INTRODUCTION. xT It was again reported, that I should be tried only as to the fact of refusing to leave the province. A state of nervous irritability, of which 1 was not then sufficiently aware, deprived my mind of the power of reflection on the subject : 1 was seized with a fit of convulsive laughter, resolved not to defend such a suit, and was perhaps rejoiced that I might be even thus set at liberty from my hor- rible situation. On being called up for trial, the action of the fresh air, after six weeks close coq- fineraent, produced the effect of intoxication, J[ had no control over my conduct, no sense of con- sequence, nor little other feeling but of ridicule and disgust for the court which countenanced such a trial. At one moment I had a desire to protest against the whole proceedipg; but, forgetting that I had a written protest in my pocket, I struggled in vain to call to mind the word protest^ and in another moment the whole train of ideas which led to the wish had vanished from my mind. When the verdict was returned, that I wa 3 guilty of having refused to leave the province, I had for^ got for what I was tried, and affronted a j.m?yman by asking if it was for sedition*. Gentlemen, these are melancholy particulars, and * The jury, in this case, was notoriously packed. To guard against the effects of this as much as possible, I had, in the ex- pectation of trial for libel, obtained lists of inimical jurymen, and had people willing to appear in court to swear that many of them had prejudged me openly in the ran<^our of party dispute. These HsU were handed to me through the door, before and during the xvi general introduction. so far as they concern niyselt only, I ^rtanily should be inclined to conceal them. As they concern the legislation and spirit of governing, in a British province, I have thought it my duty to offer the consideration of them to the public, prior to submitting the same to the Prince and assizes; but all caution and care fouiok me in the time of need. My fate, I believe, was determined by a misconstruction of the judge of the word “ Inkabilanir To the best of my recollection, this was defined to mean a person who had paid taxes, or per- formed statute labour on the roads ! Will it be believed that an Englishman started the question as to this simple word of his mother tongue, which, in law, has no peculiar meaning, and which, in.common sense, as well as by derivation, means simply a dweller in ? The reader will find it applied in this book to wild beasts of Canada. The Englishman spoken of had dined with me at the same table for weeks together, had lived with me in the same village for months together, and knew perfectly well that I had dwelt in the province more than a year before my arrest; but every thing is sacrificed when prejudice, pique, or self-inte- rest take the sway. This man’s name stands in my lists for having prejudged me ; yet, Judas-like, he came to the door of my cell, and shook hands through the small aperture, a few days before my condemnation. As to the sheriff of Niagara, he has been a half- pay officer ever since the American war ; and though his half-pay could be received only on oath, that he enjoyed no office under government, he has for a long series of years drawn a handsome salary as his majesty’s sheriff. The chief-justice Powell enjoys posts and pay out of my count, and at the will of the king, (i. e. the governor) may, on the shortest notice, be turned off the bench, and deprived of his pay. These truths will throw light upon my shocking treatment, and the state of Upper Canada, 1 GENERAL INTRODUCTION. xvii Parliament of this country, for which purpose I more especially came home. It is my wish to return to Upper Canada, and to stand any fair trial for alleged crime: it is my wish to promote the settlement of that province with British sub- jects; but what British subject of spirit would settle in a country, where, in a moment, he may have to bow to arbitrary power, or be turned adrift into a foreign land, the sport of calumny, injured in health, and ruined in the fair expectation of doing well for his family ? 1 annex a copy of the statute, under colour of which I was imprisoned and banished, together with the order served upon me to quit the pro- vince, after having resided there more than a year. When these documents are examined, in con- nexion with the above statement, I shall ask the public to consider whether there is not reason for INSTANT PARLIAMENTARY INQUIRY, and if such inquiry is instituted, I PLEDGE MYSELF TO SHEW THAT UPPER CA- NADA, INSTEAD OF COSTING THIS COUNTRY A LARGE SUM OF MONEY TO MAINTAIN IT, COULD YIELD AN- NUALLY A HANDSOME REVENUE TO THE BRITISH GOVERNMENT: THATIN- STEAD OF REMAINING THE POOREST, Xviii GENERAL INTRODUCTION. IT MAY SPEEDILY BECOME THE RICH- EST PART OF NORTH AMERICA : THAT IT MAY THIS VERY YEAR GIVE EM- PLOYMENT AND BREAD TO 50,000 OF THE POOR INHABITANTS OF BRITAIN ; AND, FOR MANY YEARS TO COME, AFFORD annually A SIMILAR DRAIN FOR REDUNDANT POPULATION : LAST- LY, THAT IT MAY BE MADE A PERMA- NENT AND SECURE BULWARK TO THE BRITISH EMPIRE, INSTEAD OF BEING A LURE TO ITS INVASION AND DOWN- FALL. These, Gentlemen, are bold assertions : but they are not only bold, they are rational and sincere ; and they proceed from a mind which has been devoted for two years to reflections on the subject — a mind which has sustained itself under every reasonable trial, and which has not yet entirely sunk beneath the most odious persecution. ROBERT GOURLAY. GENERAL INTRODUCTION. XIX An Act for the better securing this Province against f all seditious Attempts or Designs to disturb the ^ Tranquillity thereof. (Passed 9/A March, 1804.j Whereas it is necessary to protect his Ma- P*'®ainbie. esty s subjects of this Province from the insidious I; ittempts or designs of evil-minded and seditious lersons ; and, whereas much danger may arise to j, he public tranquillity thereof, from the unre- ^ trained resort and residence of such persons iierein: Be it therefore enacted, by the King’s lost excellent Majesty, by and with the advice E ad consent of the Legislative Council and As- Q :mbly of the Province of Upper Canada, con- ituted and assembled by virtue of, and under the ithority of an act passed in the Parliament of reat Britain, intituled “ Au Act to repeal certain irts of an Act passed in the fourteenth year of his ajesty s reign, entituled, ‘ an Act for making more fectual Provision for the Government of the Pro- ,jy nee of Quebec, in North America, and to make >ly rther Provision for the Government of the said •ovince,’ ” and by the authority of the same. That, norJ^Tc! and after the passing of this Act^ it shall and ed to au- 11 p 1 I* thorize 'ty be lawful for the Governor , Lieut enanUGo^ certain persons to rwor, or person administerinq the government of fenders IS Province, for the Alembers of the Legislative d Executive Councils, the Judges of his Alajesty’s b 2 xviu GENERAL INTRODUCTION. IT MAY SPEEDILY BECOME THE RICH- EST PART OF NORTH AMERICA : THAT IT MAY THIS VERY YEAR GIVE EM- PLOYMENT AND BREAD TO 50,000 OF THE POOR INHABITANTS OF BRITAIN ; AND, FOR MANY YEARS TO COME, AFFORD ANNUALLY A SIMILAR DRAIN FOR REDUNDANT POPULATION : LAST- LY, THAT IT MAY BE MADE A PERMA- KENT AND SECURE BULWARK TO THE BRITISH EMPIRE, INSTEAD OF BEING A LURE TO ITS INVASION AND DOWN- FALL. These, Gentlemen, are bold assertions : but they are not only bold, they are rational and sincere ; and they proceed from a mind which has been devoted for two years to reflections on the subject — a mind which has sustained itself under every reasonable trial, and which has not yet entirely sunk beneath the most odious persecution. ROBERT GOURLAY. GENERAL INTRODUCTION. xix \n Act for the better securing this Province against j all seditious Attempts or Designs to disturb the Tranquillity thereof. (Passed Qth March, 1804.j Whereas it is necessary to protect his Ma- Preamble, sty s subjects of this Province from the insidious N; tempts or designs of evil-minded and seditious j[_-rsons; and, whereas much danger may arise to IjjC public tranquillity thereof, from the unre- ained resort and residence of such persons erein: Be it therefore enacted, by the King’s ^^)st excellent Majesty, by and with the advice lEd consent of the Legislative Council and As- ^'(jnbly of the Province of Upper Canada, coii- tuted and assembled by virtue of, and under the thority of an act passed in the Parliament of eat Britain, intituled “ An Act to repeal certain l''y ts of an Act passed in the fourteenth year of his ^’ijesty’s reign, entituled, ‘ an Act for making more l^jctual Provision for the Government of the Pro- ,j^ce of Quebec, in North America, and to make eljther Provision for the Government of the said wince, and by the authority of the same. That, norf°&L . 91 and after the passing of this Act, it shall and «ntion of this constitution, n w»s Act; out you* — ;nt^.ntion of this temporary act, to confer Hie clear intention of that act to convey to the people of Upper Canada, as near as circumstances would permit, the constitu- tion of Britain both in form and spirit. The re- corded debates of Parliament, on passing the Quebec Bill, bear ample testimony of this; and General Simcoe, when he opened the first Parliament of Upper Canada, in his capacity of Lieutenant-Governor of that province, expressly declared, that ‘ the constitution then granted, was the very image and transcript of the British con- stiiution^ (Let it be supposed for a moment that a Bill was brought into your Honourable House, to enact a law by which on mere alle gation any subject of his Majesty might be deprived of his right of habeas corpus, imprisoned, and ultimately banished from his native country, without a tinge of crime, what would be said? or, were it really enacted, what might not be done? Surely there would be an end to the constitution, and the social compact might be broken up. But if the Imperial Parliament could not go so far -if by such an attempt the mass of the people would be entitled to interfere, and reorganize the constitution, there can be GENERAL, INTRODUCTION. xxxvii no doubt that a subordinate legislature could not do so ; or, if doing so, ought immediately to be checked by the superior power. Your Petitioner is aware that in some parts of his Majesty’s dominions very arbitrary measures are resorted to by the execu- tive, in thrusting out even British subjects without even alleged or convicted crime ; but these dominions have no free and settled constitution, and they are held for very different purposes than the Canadian provinces. They have been dedicated to special purposes to the u.se and benefit of trading companies, and to the ensuring of monopolies deemed necessary for increasing the store of national wealth. In these dominions the power per- mitted and used may be compared to that which individuals possess of excluding others from their dwelling-houses and work- shops; but in his Majesty’s Canadian dominions, neither neces- sity nor policy demand such licence; nay, it is the very reverse: there, population is the stable of the land : the settlement of British subjects, there, constitutes the strength and value of do- minion, and their free ingress and egress must alone insure to his Majesty the sovereignty of that quarter of the world.) At the present moment, when emigration from this country is at all hands allowed to be essential to relieve distress, how mischievous must be even the report that a native born British subject may be arrested, detained long in prison, and banished from Upper Canada without the shadow of crime, the moment he sets foot on its soil ; surely your Honourable House will see the propriety of coun- teracting the effect of such report, to which the undue triumph of erring power, over an individual, has given credit and strength. (Surely, for the public good, your Honourable House may de- clare by resolution and address, that British emigrants are not subject to the provincial statute in question ; — that it can affect only aliens and outlaws ; and, in its tenor regards local, not na- XXXViii GENERAL INTRODUCTION. tural allegiance. Such declared construction of the statute would free the provincial legislature from the reproach of having encroached on constitutional principle, and give confidence to people of this country, who are contemplating a removal to the province of Upper Canada, of all His Majesty’s foreign posses- sions the most capable of receiving an increase of inhabitants with comfort to the individuals, and advantage to the nation. Your Petitioner further pleads that there is urgent cause for inquiry into the state of Upper Canada, on other grounds than those above set forth.) The Chancellor of the Exchequer has this ses- sion told your Honourable House, that, “ the North American Provinces of Great Britain had been so overloaded with emigrants, that the go- vernment of Canada had made the strongest re- monstrances to this government on the subject. Your Petitioner, residing and travelling in Upper Canada for two years, had sufficient opportunities of observing how the country came to be over- loaded with emigrants, and how many of the emigrants suffered misery. It arose from misma- nagement, want of contrivance, and, perhaps, want of knowledge on the part of those who had the direction of affairs. Your Petitioner states this freely and firmly, as he feels it his duty to do ; and he is willing, at the bar of your Honourable House, or elsewhere, to set forth practicable plans, by which ten times the number of people who have ever, in one year, emigrated to Canada, may be annually transported thither, and comfortably settled. Your Petitioner therefore humbly entreats that the state of Upper Canada, as it concerns emigra- GENERAL INTRODUCTION. XXXix tion, may be taken into the serious consideration of your Honourable House. And, as in duty bound, will ever pray, ROBERT GOURLAY. NOTE.— The following extracts from Sir Michael Forster^ a Crown Law, are to the point, while investigating the legal and constitutional construction of the above provincial statute. Tney will shew that the act refers to local not natural allegiance, and therefore cannot affect a natural born subject. Page 60 , 3d edi- tion— “ It is not in the power of any private subject to shake off his allegiance and to transfer it to a foreign Prince. Nor is it in the power of any foreign Prince, by naturalizing or employing a subject of Great BHtain, to dissolve the bond of allegiance be- tween that subject and the crown.” Page 183 . “ With regard to natural-born subjects there can be no doubt. They owe allegiance to the Crown at all times and in all places. This is what we call natural allegiance in contra- distinction to that which is local. The duty of allegiance, whe- ther natural or local, is founded in the relation the person standeth in to the Crown, and in the privileges he deriveth from that rela- tion. Local allegiance is founded in the protection a foreigner enjoyeth for his person, his family, or effects, during his residence here; and it ceaseth whenever he withdraweth with his family and effects. Natural allegiance is founded in the relation every man standeth in to the Crown, considered as the head of that society whereof he is bom a member ; and on the peculiar privi- leges he deriveth from that relation, which are, with great pro- priety, .called his birthright. This birthright nothing but his own demerit can deprive him of : it is indefeasible and perpetual ; and, consequently, the duty of allegiance, which ariseth out of it, and 13 inseparably connected with it, is, in consideration of law, likewise unalienable and perpetual.” Page 188. “ Protection and allegiance are reciprocal obliga* lions.” xl GENERAL INTRODUCTION. PROCESS TO PROCURE ENLARGE- MENT. To the Honourable William Dummer P owell, Chief Justice of the Court of Kinfs Bench of Upper Canada, and the rest of the Justices of the said Court, or any one of them. THE PETITION OF ROBERT GOURLAY, Esq. Humbly Sheweth, That your Petitioner is now a prisoner in the Jail of Niagara District, by virtue of a warrant of Commitment, whereof a copy is annexed. That your Petitioner, humbly apprehending he is not a person of that description against whom such warrant can legally be issued, as he believes will fully appear from the affidavits annexed, and, inasmuch as he has not heretofore been called upon, or had an opportunity of shewing the fact, prays for a writ of Habeas Corpus, and, as bound in duty, will pray. Dated at the Jail of Niagara, the 13 th day of January, 1819. (Signed) Robert Gourlay. Witness, Wm. Kerr, John Moffat. 3 GENERAL INTRODUCTION. xli AFFIDAVITS. Districtof\ Peter Hamilton, of the township A^i«9«m,> of Niagara, in the province of Upper viz. Canada, maketh Oath and saith, that he hath seen Robert Gourlay, Esq, lately in the Jail of this district, and that he knew the same person and his connexions and friends heretofore in Britain ; and that he was there respected, es- teemed, and taken to be a Britis'i subject ; and that he is so this Deponent verily believes is no- toriously true in this district. (Signed) P. H. Hamilton. Sworn before me, the 9th day of Jan. 1819. Alex. Hamilton, J. P. Ntfigm'a\ Robert Gourlay maketh Oath and District^ saith, that he is, by birth, a British sub- ^ ject, that he hath taken the Oath of Allegiance to our Lord the present King of Great Britain, and that he has been an inhabitant of the province of Upper Canada now more than a year preceding the date of the wtirrant first issued against him by the Hon. William Dickson and William Claus, Esq. and referred to in that, whereof a copy is annexed. (Signed) Robi’.rt Gourlay. Sworn before me, this ISth day of Jan. 1819. (Signed) Wm.J.Kerr,J.P. u xiii GENERAL INTRODUCTION. District of^ Robert Hamilton, of Queenstou Niagara, > in said district, Esq. maketh Oath viz. / and saith, that Robert Gourlay, Esq. who is now confined in the Jail of this dis- trict, has been domiciliated at Queenston, in the province of Upper Canada, more than nine months next preceding the date of this deposition ; and this Deponent further maketh Oath and saith, that he hath always understood and verily believes the said Robert Gourlay to be a natural born sub- ject of Great Britain. (Signed) Robert Hamilton. Sworn before me, this 12th day of Jan. 1819. (Signed) James Kerby, J. P. WRIT OF HABEAS CORPUS. George the Third, by the Upper Canada, I Grace of God, of the United Home District, > Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c. to wit. To the keeper of our Jail of Niagara greeting. — We command you that you have the body of Robert Gourlay, Esq. detained in prison under your custody as it is said under safe and secure conduct, together with the day and cause of his being taken and detained by w hatsoever name he may be called in the same, be;fore the Hon. Wm. Dummer Powell, our Chief Justice of our Province aforesaid. GENERAL INTRODUCTION. xliii at his Chambers, in York, in the Home District of our said Province immediately after the receipt of this Writ, to do, submit, and receive all and singular those things which our Chief Justice shall then and there consider of him in this behalf, and have then there this Writ. — Witness, the Hon. Dummer . Powell, our Chief Justice aforesaid, at York, the twentieth day of January, in the filty- ninth year of our reign. Per statutiim tricesimo primo Caroli Secundi regis. (Signed) Wm. Dummer Powell, C. J. REMAND. (^Indorsed on the back of the above Writ.) The within-named Robert Gourlay being brought before me, at my chambers, at York, required to be admitted to bail*, as not being a person subject to the provisions of the Act of his Majesty, chap. I.; and the warrant of commitment appearing to be regular, according to the provisions of the Act which does not authorize bail or mainprize, the said Robert Gourlay is hereby remanded to the custody of the sheriff of the district of Niagara, and the keeper of the Jail therein, conformable to the said warrant of commitment. (Signed) Wm. Dummer Powell, C. J. Yorky 8lh February, 1819. * This is not correct. The process was managed by an at- torney, and was, verbatim, as above. I made no request to be admitted to bail. To His Most Excellent Majesty GEORGE the Fourth, Sovereign of the United Kingdom of Great Britain and Ireland, Sfc. SfC. ^c. in Council. THE PETITION OF ROBERT GOURLAY, Esq. Humbly Sheweth, That your Petitioner is a native-born British subject ; and did, more than twenty years ago, receive from his late Majesty a commission to act as captain of volunteers, the confidence in- dicated by which he never betrayed ; neither has he ever been tainted by conviction of crime. That, nevertheless, your Petitioner being in Upper Canada, in the month of December, 1818, was served with an Order to depart that Province, upon refusing to obey which, he was committed to jail by a second Order, issued by the same per- sons, under colour of a statute of the Provincial Parliament ( a copy of which, with the Order, being hereunto annexed ). That your Petitioner applied to the Chief Jus- tice of Upper Canada, by Writ of Habeas Corpus, for enlargement, but was remanded to jail, and detained there for nearly eight months (the Process being hereunto annexed) : That, at the end of this period, he was so weakened by confinement, and 3 GENERAL INTRODUCTION. xlv SO exasperated by cruel treatment, being, for some time denied free conversation not only with friends, but magistrates of his acquaintance, and attorneys employed to transact his law business, that he suffered a trial to be brought on merely as to the fact of his having refused to leave the Province, which fact being established, he was banished by the same judge who had detained him in prison, and was obliged to take refuge in the United States of America, twenty-four hours after the sentence was pronounced. That your Petitioner has now come home for the express purpose of submitting his case to your Majesty and the Imperial Parliament, trusting that due inquiry will be instituted, and that the con- stitutional rights of a British subject will be main- tained. Your Petitioner believes, that, upon inquiiy, your Majesty will find that the Provincial Statute, under colour of which your Petitioner was im- prisoned and banished, never was meant to apply to untainted British subjects ; but, in fact, was framed with a view to exclude from Upper Ca- nada certain outlawed and expatriated persons, who fled, or were allowed to depart from Ireland, after the rebellions of 1798 and 1803. Your Petitioner is assured that, on the first blush, your Majesty must be impressed with hor- ror at the idea that an untainted British subject, confiding in innocence, and proud of his constitu- tional privileges, should be immured in jail upon the mere oath of an individual, and at last be xlvi GENERAL INTRODUCTION. thrust out of your Majesty’s dominions into a fo- reign land, without even the shadow of crime being proved against him. But your Petitioner is still more assured that, setting aside all regard to natural justice — all re- gard to expediency, or any construction which can be put on the Provincial Statute, that, that Statute cannot possibly be applied to an untainted British subject, without encroaching on those sacred principles established at the revolution, which placed your Majesty’s family on the Bri- tish throne, without weakening the sacred bond of natural allegiance, and exposing to ridicule the rallying words of American loyalists — “ The Unity of the Empire.^' Your Petitioner cannot avoid taking opportu- nity, on this occasion, to protest against attempts which have been made to make your Majesty be- lieve that a disloyal and seditious spirit prevails among the people of Upper Canada. Your Peti- tioner, during a residence of nearly two years in that Province, had better opportunities of ascer- taining facts upon this subject, than any other person, and most solemnly declares that he never could perceive the slightest symptom of such a spirit. With regard to your Petitioner, individu- ally, who has been branded by a party in power with the epithet of “ factious,” he can declare, before God, and he does so declare, that his whole conduct in Upper Canada was guided by senti- ments and impulses of a nature the very reverse from sedition. He beheld, in that Province, GENERAL INTRODUCTION. xlvii public mismanagement stalking abroad, — rendering abortive the most abundant offerings of nature, and trampling down the best blessings of a liberal and free constitution. He found weakness going out in aid of mismanagement, and giving birth to events which, accumulating, cannot fail to en- danger the dominion of your Majesty in that quar- ter of the world. He deplored this tendency. He saw simple means by which Britain and Canada could be indissolubly bound together for mutual benefit. He was zealous, — he was enthusiastic in the cause ; and, though now suffering most bit- terly from the effects of injustice and persecution, would exert his last breath in calling attention to this subject. He, now, therefore, most earnestly solicits that your Majesty may be graciously pleased to order the law officers of the crown to consult, and report as to the liability of British subjects to be impri- soned in and banished from Upper Canada, as your Petitioner has been; and that your Majesty, in council, will take into consideration the whole state of that province. And your Petitioner, as in duty bound, shall ever pray. 1 do not know that my book could be introduced better than by the above circular. It comes briskly upon the ground ; and, here, we find one member of parliament proclaiming “ the distress Xlviii GENERAL INTRODUCTION. of the country;' and suggesting as a remedy, “ an emigration to our colonies in North America; while another states how “ extremely anxious the people were to emigrate;" but that “ they were destitute of means." The Chancellor of the Ex- chequer declares, that “ his majesty's ministers were disposed to adopt every measure which could really contribute to the relief of the distresses of the labouring classes;" but states, that “ the North American colonies had been so overloaded with emi- grants, that the government of Canada had made the strongest remonstrances on the subject. He was not prepared to submit a plan, but said it would be wise to wait for some account of the progress of the colony at the Cape of Good Hope. I then step in, and assert, that, “ by proper management, even people destitute of means could be comfortably settled in Upper Canada ;" and, by a formal and solemn declaration, in a petition presented to the House of Commons, undertake to “ set forth practicable plans, by which ten times the number of people who have ever, in one year, emigrated to Canada, may be annually transported thither, and comfortably settled.'* This is my position, and it is this which the present work contemplates to maintain. More than three years of my life have been devoted to this subject. My fortune, my character, my health, have suffered in the cause ; and all that I now want is a patient hearing from the British public. My book is not one of amusement. Bu- siness is its aim ; and that business surely of the GENERAL INTRODUCTION. xlix most pressing import. All parties allow that emi* gration is one way by which distress may be miti- gated ; but a specific plan is wanted for rendering it practicable on a great scale, which will not put the country to expence. My plan affects to ac- complish this even with a profit to the country. As the CIRCULAR was not intended for its pre- sent use, — as it narrates some of my proceedings, and so far discloses my situation, but does not complete what is now necessary,— as the lapse of time has given rise to remarks and reflections, — as various occurrences have happened, but, above all, that extraordinary one which has arrested the at- tention of the whole Avorld, and deafened the ear of this country to every other subject, — I trust the reader will be indulgent while I bring up iny nar- rative, illustrate and explain what may be doubt- ful, or is imperfect, and add what may be necessary to a full and clear understanding of the nature and object of this work. I left Edinburgh the 2d June, trusting that my petitions to Parliament and to the King in coun- cil, being presented, and this volume published, I might return to Scotland in a month at farthest. On the 6th, being put down at my accustomed lodging-house, in Bouverie-street, the first words of my landlord were “ the Queen, sir, has landed at Dover, and is expected in town this evening.” A few days were wasted in anxious expectation that the royal quarrel would be prudentially settled ; but every day lessening the hope of this, I resolved to economize, by taking a private room in the d u 1 GENERAL INTRODUCTION. suburbs, and sit down with patience, till the issue of the mighty contest. Four months having gone by, I still sit in patience ; for why should any one fret, when the whole nation is subjected to the same calamity? Calamity! No: let us think better ot the ways of Providence, under which, if we resolutely strive to do our parts well, good will invariably follow. My persecutions — my trials — my most grievous fate, never would have called attention to the cruel, the filthy, the unrelenting conduct of wicked ministry, — to the horrid system of combi- nation, falsehood, treachery, whicn old established power has generated, — to the sickening, heart-rend- ing, humiliating degradation of humanity, had not common sense, prudence, decency, feeling, Justice, honour, religion, been all sacrificed for vengeance against the queen of England! Oh my country! Oh my countrymen ! how blessed will be the event, if cautious, peaceful, manly conduct takes advantage of present experience — of present union — of present superiority over power, and influence more potent than power ! — if the respectable people of this country hold together, and with one voice call for inquiry, not merely into the mis- management of a province, but into that of the empire*. * These two pages have, by accident, stood a month in type, and were written immediately after the witnesses, who had sworn to the most filthy slanders against the Queen, were proved wholly unworthy of credit, when one important witness for her excul- pation was let slip from Cotton-Garden, and others, still more es- GGNERAL INTRODUCTION. li During the last week of June, a copy of the CIRCULAR was sent to every member of the House of Commons, to a few newspaper editors, and some friends. Not a single soul took notice of it; not even Sir James Mackintosh, to whom I had written a note, requesting to know if he would present my petition to the house. On writing to Sir James a second time, whose good offices I was anxious to secure, from having long considered him ourgreatest constitutional lawyer, and, from his being sential, were prevented, by the influences of a foreign court, from making their appearance. He who could be unmoved by such foul play, or he who could vote against the Queen, thus clearly the victim of audacious conspiracy, is surely not to be envied; and that there were upwards of a hundred British peers who did so, is a fact which will stand on the page of history, a striking proof of human weakness, and of the power of an overgrown crown in- fluence. Where shall we find better men than Lords Liverpool and Eldon ? Probably no where. It is not the men, but the sys- tem the blinding, infatuating system, which we should think of, and strive to amend. But what are our politicians and reformers going about? — their long accustomed drivelling for a cAnwge of ministers, and getting up petitions for parliament to .reform itself! ! ! all, too, without order, without method, without understanding! I hope the reader will excuse these bursts of feeling. It is nearly six months since I left Scotland, for a serious hearing on a serious business ; but this day parliament is prorogued for two months; and ministers seem determined to persevere in the per- secution of a poor, woman, to whom nothing but persecution would have gained notice, and whose frailties, though they had been as flagrant as her enemies would have them, never could have affected a single one of us. With opportunity, I could not resist the desire to make a register of passing reflections on the boding events of the day-— the awful signs of the time?. d 2 lit GENERAL INTRODUCTION. well versed in colonial affairs, peculiarly qualified for the business in question. He informed me that my first letter had not reached him*, and readily complied with my desire. On a personal interview, I told Sir James that it was only for form’s sake that I then wished the petition pre. sented ; and, that this done, the business might be seriously taken up at a future day. 1 further men- tioned that the inquiry sought for into the state of Upper Canada did not so much regard any change in the provincial constitution of government, as into the state of property, and system of managing it. The petition was presented to the Commons * Not knowing that letters to members of parliament were equally free of postage at 5 miles distance as 500, I put mine into the General Post-office. About 50 of them were returned, marked “ refused to pay the postage.^^ These I immediately re- dispatched under cover, paid, through the Twopenny Post-office, with an apology for my error. Fifteen were returned with a me- morandum that the members could not be found. These I put under a fresh cover, and carried to the office in the House of Com- mons appointed to receive the letters of members. The keeper made a charge of 15s. ; but on my refusal to pay, said he would take 12s.: this, of course, I also refused, and then dispatched them, paid, as the before-mentioned parcel through the Twopenny Post-office, directed to the House of Commons. I presume this discloses a practice which should not be, and may lead us to guess how it happened that Sir James Mackintosh did not receive my first letter. If office-keepers can make a shilling by ensuring the delivery of a letter, no doubt they have an interest in inter- cepting such as come into their hands without a bribe. Perhaps even the letters which I post-paid, and directed, for Members, to the House of Commons, may have been intercepted, for the pur- pose of confirming the importance of underhand agency. GENERAL INTRODUCTION. liii on the 11th July. As I observed, in the news- paper reports of its presentation, expressions, which, coming from such high authority as Sir James Mackintosh, might not only give a wrong impression to the public, but injure both my cause in another quarter, and that of the public in this question, I resolved to write to Sir James, and know the truth, which happily proved very differ- ent from the newspaper reports. That of St. James's Chronicle, 12th July, appearing as correct as any other, I chose it to lay before Sir James. It run as follows : Sir James Macintosh said, he held in his hand the petition of R. Gourlay, a Scotch gentleman, who had gone to Canada with a view of establishing himself there. The substance of the petition was twofold : it contained a com- plaint which was personal, and it described a public griev- ance. It appeared that there was a provincial statute in Upper Canada, which went somewhat further than the Alien Bill, now in its progress through that House, and upon the merits of which he certainly did not then mean to enter. By this statute, every person, not already settled, whether natural born or foreigner, was liable to be sent out of the province, and was subject to penalties. The petitioner stated, that from some injurious and calumnious misrepresentations of his character, he had been brought before the high court, and had sustained very serious oppression. He (Sir J. Macintosh) did not think the House competent, under such circumstances, to interfere on the petitioner’s behalf; and the only question was, whe- ther the law itself did not deserve the attention of parlia- ment. The petition likewise stated that there were various laws in the colony, especially with regard to landed property, which operated very disadvantageously, liv GENERAL INTRODUCTION. and rendered the colony very unfit to be what it was con- sidered it ought to be— an asylum for emigrants from the mother country. He would not pledge himself to the task, but he thought it highly probable that he should call the attention of the House to this subject in next session of parliament. The petition was then brought up, read, and ordered to lie on the table. Sir J, Macintosh then rose to move, that the petition of Sir Henry Dorrington, presented by an honourable friend of Lis on the lOth May last, be printed.” Sir, 14^ a August 1820. Ever since the report of your presenting my petition to parliament appeared in the newspapers, 1 have intended to write to you; but have waited till this moment, when I hope your leisure can best spare attention to the subject. I have enclosed a newspaper report, which I conceive to be correct. Some newspapers reported that ray petition was ordered to be printed, but this, I presume, was a mistake, from confcmnding my petition with that of Sir Henry Dorrington, spoken of immediately after. What I am anxious to be informed of is, whether tlie words, “ By this statute every person not already settled, whether natural born subject or foreigner, was liable to be sent out of the province,’^ expressed your serious opinion that the provincial statute was competent so to act against a native born British suliject, or only that the decision against me had given it that aspect. Should you favour me with a reply, have the goodness to return the slip of newspaper. With much respect, Sir, Your obedient servant, Robt. Gourlay. Sir James Mackintosh. general introduction. w Iv Mardocks, near Ware, Merit, * ISth Aug. 1820. Sir J. Mackintosh’s compliments to Mr. Goarlay ; has received Mr. Gourlay’s letter of tlie 14th, at this place, tills morning. Sir J. did procure the petition to be printed. He gave no opinion about the construction of the Canadian statute; but merely stated the case as it stood on the allegations of the government of Upper Canada, This is perfectly satisfactory, and should do away the impression which may have been made by the 20. newspaper reports. As stated above, the petition ra was presented only for form’s sake ; and, as I trust, (lafi the subject will, at a proper season, be seriously agitated, it is gratifying to know that the step of printing the petition was taken, and that, as yet, the question rests wholly clear of prejudice. ^ Besides this petition to the Commons, which ^ was neatly engrossed on a sheet of vellum, by a Ilf 5 law-stationer, and to which a copy of the Canadian Sedition Act was attached by a binding of silk, handsomely printed on a similar sheet; another, etils only diflTering in its address, was prepared for the !l»l House of Lords ; and I corresponded with Lord P® Holland, as the peer most likely, in my opinion, S’* to do it justice on presentation. Lord Holland obligingly offered to present the petition ; but informed me that it must be pasted, and not stitched together, to be received by the House of Lords ; and expressed his doubts w'hether printed papers annexed are admitted, iji The delay thus occasioned, the announced ad- u Ivi GENERAL INTRODUCTION. journment of the House, and some hints trom his lordship, made me defer my purpose, which, how- ever, when the'Queen’s business is settled, shall be followed out. Lord Holland has informed me that “ any inter- ference, real or supposed, with the rights of a British subject, by the laws of Upper Canada, is certainly a fair subject of petition to parliament ; as is also any act you can conceive to be oppressive and unjust, and against which you have no other means of redress. But the House will not enter- tain any complaint from an individual, for which, in the common course of law, he may seek re- dress.” The reader will observe, that, in my petition, though I describe my treatment, &c. I waive all consideration on my own account ; and merely pray “ that the state of Upper Canada, as it con- cerns emigration, may he taken into serious con- sider ation.'' With regard to my personal grievance, I have employed a respectable solicitor to lay a memorial before the King in council, and shall follow out “ the common course of law" before I trouble par- liament on that head. My solicitor gives me hope that I may obtain a new trial, or otherwise be relieved ; but still there is doubt, and should I, after seeking redress, in the common course of law, not find it, I hope my case will be “ a fair subject of petition to parliament,’^ and that Lord Holland will support me in the House of Lords. On comihg up to town, I consulted a friend of GENERAL INTRODUCTION. Ivu high respectability at the bar, as to my proceeding. He said I would have no chance of being heard, unless a member of parliament could be found to take a personal interest in the cause ; but I hope that both Lord Holland and Sir James Mackintosh may, after the present dread question about the Queen is over, be disposed seriously to enter on the subject upon pure abstract principles of duty, whether it is for me as an individual, or the public. In conversation, I quoted the trite maxim, that, constitutionally, every wrong had its remedy}'' but, said my learned friend, “ if there is no remedy, there is no wrong." Now, holding, as I do, a just respect for my friend’s judgment, I must boldly set my face against such dogma, and shall think my case peculiarly well calculated, should matters come to an extreme, to lay the foundation for a stout argument between the imperfection of law process, and the invincible fortress of abstract truth and justice. The nation does not contain other two men equally pledged to stand by this fortress as Lord Holland and Sir James Mackintosh — the successor of Fox, and the author of Vindicite Gallicee. It has been too much our misfortune in times past, that Parliament has shrunk from abstract and constitutional questions ; but it is to be hoped that times approach when the most rugged and deep may be investigated ; nor can there be presented one more inviting, more serious, and at the same time, more simple, than that which springs from the application of the Canadian Sedition Act to a iviil GENERAL INTRODUCTION. British subject. In speculation it is interesting : in practice it calls loudly for discussion and de- cision. Respecting the great public question to which I have solicited the notice ot‘ parliament — the question of inquiry into the state of Upper Canada, as it concerns emigration, — that which should come horaeto thebusiness and bosom of every benevolent member of society who desires to contribute to the relief of present distress ; — respecting this, the lapse of time has afforded me no small encouragement to persevere; and I hope that others will, from de- termined events, be inclined to attach to my endea- vours an increasing portion of importance. Though 1 should have petitioned parliament to take the state of Upper Canada into considera- tion, merely to satisty my own mind, that no duty on my part, was neglected to so grand a cause, and in conformit}' with a declaration made to the people of the province, that 1 would so act on my return home, I certainly would not have been sanguine of success, but from my hope that these endea- vours would be backed by a commission from Canada. Last April 1 sent out copies of my STATEMENT, to be published in that country; and I also sent out copies of my circular for the same end, with a short address to the people, in- forming them that I was steady to their cause; but that little could be expected till their representa- tives made a point ot sending home a commission for inquiry. On my leaving the province I had full hope that by the ensuing parliamentary elec- GENERAL INTRODUCTION. lix tion, the wretched creatures who constituted last assembly would be sent adrift; and since this volume was put to press, London newspapers (Statesman and Englishman) of the 6th and lOth September, have published an extract from Quebec and American prints, which will best satisfy my readers, as to the true position of political strength and opinion in Upper Canada, which will best con- tradict a gross falsehood, which, among many others, has been published in this country, as I have l>een credil)ly informed, under the authority of the Lieu- tenant (iovernor and Attorney General of the province, tli>.t “ the number of his (my) followers are reduced to a very few persons .’* “ Canadian Affairs: — We learn that the “ late election for Memhers of Parliament for “ Upjyer Caneida, has terminated in the almost una- “ nimous choice of persons who are the political friends of Mr. Gonrlay. It would appear from “ this, that the popular voice is against the admi- “ nistration." I his document should add some weight to the importance of my present endeavours, — give addi- tional interest to my book,— and satisfy Lord Hol- land, and Sir James Mackintosh, that 1 have not been trifling with their valuable time. Although I am very confident that my friends, now constituting the great majority in the Cana- dian parliament, will not neglect mv advice, yet with their best efforts they may not be able im- mediately to send home the much desired commis- sion. They have the power of withholding sup- Y plies for public service, but they cannot raise any without the concurrence of the Lieutenant Gover- nor and Legislative Council; and their predecessors, monstrous brutes! took from the people their natural right of meeting, to raise a subscription for sending home a petition to the throne. By private correspondence, I have been inform- ed of the desperate struggle made by the executive, to prevail over my friends at the late election, and they succeeded in some of the more benighted districts, so as to get seven lawyers returned*; who no doubt will confound reason, and retard the progress of common sense with all their might : still, sooner or later, the imperial parliament must be consulted ; and I am sure it will serve no good purpose whatever, for our home ministry either to aid procrastination, or to oppose a full and fair investigation. This book, I trust, will clear the way, and sufficiently demonstrate not only the need for investigation, but give a view of the blessed consequences which may result from it. Grossly and falsely as my proceedings in Upper Canada have been misrepresented, no candid reader will, I am sure, attribute bad motives to me, if he patiently peruses the following pages. As to the people of Upper Canada, they are loyal in the extreme, and their desire to continue in connexion with Britain, was verified by the free offering of their properties and lives. If they choose, they w GENERAL INTRODUCTION. Ixi ly cannot be held for a moment in trammels. They J- are not circumstanced as we are at home. Why then should any thing like wanton contradiction ej be opposed to their wishes ? — why should minis- oj ters provoke to passion, when reason dictates for- bearance, when necessity pleads for mild and libe- ra. ral measures, and when the right hand of fellow- ve, ship is held forth, — when nothing more is wanted )ii, but inquiry, and nothing but the good of both eJ countries could result from it? *; Sir James Mackintosh has not pledged himself ird to call the attention of parliament to the affairs of It; Upper Canada, but he has said that it is highly pro- ist hable he will, and he may depend upon it, that d my local experience, and whatever else opportunity ha has furnished me with, shall be at his service for fas occasion. He may depend upon it that the tlif subject has treasured within it a rich reward for (h that man, whose love of doing good shall equal llu a sufficiency ot talent to unfold and advance it to t, notice. Fifty years ago, when the first misunder- ^ standing between Britain and her American co- ^ lonies began to grow serious, what a world of 'Ik mischief might have been prevented by timelv ill notice, and by thorough investigation ! — seven years ill war ! the loss of our fairest possession in the .jdii west ! the disgrace of our arms ! — the engendering rd of an age of rancour! Surely, if the conqueror in 1^1 war merits a triumph, benediction is due to the peace-maker, — to him who prevents animosity, and establishes a basis for harmony and Christian love. *^his volume proceeds, the reader, I am con- Ixii GENERAL INTRODUCTION. fident, will be more and more satisfied, that no wan- ton or mischievous political interference, no little, selfish interest has had any concern with my pro- ceedings in Upper Canada, fie will find that I had before me a vast scheme of practicable benevolence, and that I have substantial grounds for my zeal,— that my scheme, with the countenance of govern- ment, may easily, effectually, and speedily be put in execution, — that it would make good all that I have said above,— that it would for ever bind together Britain and her colonies. My popular influence in Upper Canada could, were I willing, be so directed as to give even un- necessary trouble ; but every principle which guides my conduct — every feeling which flows from my heart, would be in arms against anything of the kind. I care not a farthing for popular in- fluence ; nay, by itself, I despise it, but as it may invigorate the progress of virtue and civilization. Saving a desire of having opportunity to maintain my honour, which a vile conspiracy unfairly deprived me of, and saving a wish to^force on, by every honest endeavour, my scheme of benevolence, I have little care about Canada. Indeed 1 repeat- edly signified to the people there, that my chief efforts were made, neither for them nor myself, but for the poor of England ; and should govern- ment adopt my plans, or what part of them the liberal public shall approve, I am ready to stay at home, or go abroad, as they may choose— to be active or passive, just as may be required for the general good. y i^aa. tik pifr k DCt Jr eiii- !|igi tlm biw! uid UD' lid OW! [lii^ rifr ma; tioi. itaii airlt 1)1? tDce. :bi« sta' jin Ik GENERAL INTRODUCTION. Ixiii It grieves me exceedingly, that the strange and luckless situation in which I have been placed, has made it necessary to interlard my accounts of Upper Canada, and strictures on its political state, with any thing personal, as to myself or others, but there is no help for it. A mass of filth has been flmig in my way, and I must, in duty, tread it down. However forced to digress, however irregular my progress may appear, the reader will still be able to perceive that my main object is never left behind. Sir James Mackintosh has questioned whether the Canadian sedition act was not of itself an ob- ject of parliamentary attention; and, I suggested this to Sir James. I said, that the mere view of that act, — of its monstrous features, afforded suffi- cient ground for inquiry into the state of the pro- vince. Its mere existence speaks volumes, as to the spirit which has hitherto been at the bottom of Canadian policy, and though it may now be repealed, as I have heard it is, the very shade of its departed villany is worthy of study, that the future destinies of Upper Canada may be directed for good. It is worth while to inquire into the circum- stances which produced such an act ; — what spirit could so long sustain it in existence, and what more vile spirit could apply it, contrary to every constitutional principle, to a British subject ? Can it be supposed that when such an act was passed, there was a single Canadian representative alive to his duty, or fitted for his post ? No : not g Ixiv general introduction. one. Had there been a single man among them with eyes, or brains, or heart, at liberty, he would have proclaimed to the country its hazard of coming to disgrace by such enactment, even as applicable to aliens. Though we know that pub- lic spirit never would have permitted such filthy legislation to be recorded at home, we have suffi- cient evidence at the present time, of the dire spirit of our ministry ; and there can be no doubt but the provincial statute before us was framed m the cabinet of London, and sent abioad to be palmed on the poor sycophantish witlings of the province, by some pawkie, well paid-politician, per- haps trebly installed in power, with a seat in the executive council, a seat in the legislative coun- cil, and on the bench. Yes, yes, a provincial judge pang-full of ministerial influence, and know- ing in the secrets of his calling, was equal to such a task ; and another, when occasion required, could, easily, with the instrument of tyranny pre- pared for him, with the aid of an unprincipled, callous-hearted sheriff, and having the advantage of pack’t, ignorant and spiritless juries, consummate any degree of wickedness, — could ruin, by it, any liege subject of the King, and put in disarray the proudest boast of our constitution. Had the Canadian representatives been simply fools, — simply blind and heartless, they would not have enacted such a law; but they were stupid, and blind, and unfeeling, from their whole thoughts being, under the system which controlled them, intent only on self; and what else is it which, at this very time, is moving on our ablest statesmen. ID i » li lb il lilt i lit Ik tbe » tk lUD' ici^ tOK iUfl itei f ple^ jed c 0 l ftk dB iifi 4 M iijfi GENERAL INTRODUCTION. Jxv oUr brightest orators, our noble peers, our grave judges, and our right reverend bishops, in a course of infatuation and madness, which no age ever before witnessed ? Thank God, the prevailing sj)irit of Englishmen, has revolted at the experience of such awful proceedings, and ministerial power haSj at the climax of its fury, broken down in weak- ness! may we hope, in despair? Oh! let me again exclaim, how blessed will be the event, if cau- tious, peaceful, manly conduct takes advan- tage of present experience,— if the most generous hearted people upon earth hold together,— if they, by concert, moderation, and charity towards each other, ensure a thorough change of system in the government of our country. What do we want with government but utility? Why should we be vexed with non-essentials ? Why should we doubt that the desideratum for perfect govern- ment is CHEAPNESS and simplicity ? We know that human nature is, in every age and country, the same, ruled and diversified only by circumstances. We have no proof of its being above temptation ; and all experience demonstrates that nothing but general interest, aided by know- ledge, can hold down individual selfishness. For two hundred years advances to freedom and civilization have been sure, though slow. We gained something at the reformation : we gained something at the revolution: and we have some- thing yet to gain. The progress of British liberty gave motion to liberty all over the world. It has advanced throughout Europe : it has prevailed in e u Ixvi GENERAL INTRODX CTION. America; but here we may confidently hope foi its finest display ; for here superior knowledge and refinement cao give lustre to meridian light. 1 he country, which is the subject of this work, has af- forded striking proof of the weakness of mere in- stitution. Embosomed in the United States in the very arms of independence, it has become degraded and enslaved;— it has become contempt- ible by the contemptible conduct of the people’s representatives. The boon which Britain gave to Canada, in her constitutional act, was pure and efficient ; but the influence of undue patronage and power in the ex- ecutive government were forgotten, or winked at, in the midst of poverty and ignorance. The people of Upper Canada, with a perfect representation, had all that could be desired, had their represents, tives been wise men, and proof against temptation. They were neither. They not only allowed the act before us to be recorded on their statute book, but several others of the most nauseous character; and, latterly, while I was among them — when the utmost servility to the governor was aided by personal pique towards me, were guilty of mean- ness and treachery altogether beyond example. They not only sanctioned a permanent law for pre- venting the most peaceable description of meetings, without even a green bag apology ; but justified the governor in sending home, to the foot of the throne, documents libelling the great mass of their constituents, and impressing a belief that they only “ waited for the moment of their strength as general introduction. Ixvii ^ the moment of revolt.” I repeat, with all due ^ ^^'’se ot delicacy and decorum— what brutes ! nay, , they are even more vile than the beasts of the field, 'vho make barter of public liberty. ^ flefore goings out to Canada, no one was more heartily sick of boroughmongers than I ; but since experience ot crown influence among a be- “P nighted people, I feel inclined, with a sort of " instinctive yearning, like that of the dog to his ^ vomit, to throw myself, not only with hope, but transport, into the arms of our dear boroughmon- gers. Knavery itself has charms, when bedecked ^ with talent, and graced with gentlemanly manners ; but when low-bred storekeepers, pettyfogging lawyers, and stupid clodhoppers, enter into con- tw spiracy against truth, common sense, and modesty, ® no man should boast of temper and patience, for “ that species of oppression is generated, which, Sciipture tells us, “ makes a wise man mad.” I he more to attract attention to the Canadian Sedition Act, I have caused it to be printed con- i' spicuously, and 1 would have the reader again to i peruse and study it, that he may have a just lii sense of the narrow-minded, weak, and abominable If policy which jias hitherto guided our provincial tf government. lit The act commences with setting forth its object, lii viz.: the protection of his Majesty’s subjects from [ the insidious attempts and designs of evil-minded 5 and seditious persons : giving, by-the-bye, in the i very distinction of terms, no small proof that it was d never meant to make his Majesty’s subjects liable e 2 % Ixviii GENERAL INTRODUCTION. to its controul. The local situation of Upper Canada exposes it to the inroad of aliens of a nations, who, having no tie ot allegiance or a ec- tion to Britaiu. may thence be suspected ot evil designs ; and for that reason terrors may be held out to keep them at a distance; but for British subjects to be suspected, and made liable to peira - ties on mere suspicion, is contrary at once to nature, and the spirit of our constitution. It is more es- pecially absurd, when we consider that the law was expressly made for their protection ; and that for their benefit, generally, the province received its constitution.^ But, how shocking is it that any man, even an alien, should be exposed to slander and arrest, at the mere capricious will of others ? “ Just cause of suspicion is, indeed, alluded to; but no rule is laid down by which the justness of the cause can be ascertained. An individual is scandalized, he is arrested, and a process goes on which, in spite of the utmost purity and innocence, consigns him to ruin. Think, for instance, of my aggravated case. It clearly appeared at my trial, that William Dick- son had a consultation with Swayze the day prior to that wretch making oath that I was a seditious person ; and Dickson’s spite towards me was noto- rious. Swayze is so thoroughly ignorant (he can scarcely write his name) that, of his own accord, he never would have thought that the law in ques- tion could, by help of his swearing, be made an instrument to my hurt ; and I hold in my posses- sion a printed paper, which was manifestly publish- GENERAL INTRODUCTION. Ixix ed as a lead to the perjury. Now, only think of the farce; after all this studied contrivance to entrap me, of my bein^ brought before Wm. Dick- son, my inveterate personal enemy, who had been accessary to accusation, and who had not only told a large company present, that “ in his opinion, I was a man of desperate fortune, and would stick at nothing to raise insurrection;^’ but had some of his particular friends ready to declare similar senti- ments, upon his formally putting the question. Only think of the monstrous insult to reason and decency, that I, after having resided in Upper Canada for more than a year, — after being twice honourably acquitted from most wanton charges of publishing seditious libel, the first of which I had good reason to believe originated in Dickson himself,— that I, well known to be a native-born subject of Britain, should be brought before this man, and be obliged to give him “ full and com- plete satisfaction that my words, actions, conduct, and behaviour were not intended to promote or en- courage disaffection.” Before I can open my mouth, the stomach of this my judge is overflow- ing with gall and bitterness. He holds in his hand the affidavit of his own insidious intrigue, and then bids me prove a negative, when he knows that ten thousand negatives would go for nothing ! But mark how this odious statute proceeds to add insult to injury. After its victim has suffered condemnation under it, he may be “ permitted'’ if thought expedient by the tyrant executor, to re- main in the province, good apd sufficient security u Ixx general introduction. being required to the satisfaction of the said tyrant for the good behaviour of the condemned; but after this security is given, should the envy, the jealousy, or the caprice of the tyrant revive, all se- curity to the condemned goes for nothing, tie is still subject to be scandalized, arrested, sent out of the province, or imprisoned, without benefitot bail, only for the purpose of being subjected to a mock trial. Having thus far commented on the Canadian statute, I shall present to the reader the British Alien Act, which Sir James Mackintosh is reported to have brought into comparison with it, saying that the Canadian statute “ Kent somewhat fur- ther'^ The British act became law 10th June, 1818, with continuance till 25th March, 1819. It was thence continued, by bill, till 25th June, 1820, and then again renewed until 25th March, 1822. It stands thus among the statutes at large: 58 Geo. III. Cap. 97. An Act to prevent Aliens, until the 25th Day of March, 1819, frotn becoming naturalized, or being made or be- , coming ttaturalized, or being made or becoming denizens, except in certain cases. lOlh June, 1818. Whereas it is expedient that for a time to be limited, Aliens should not be, or become naturalized, or be made or become denizens, except as hereinafter is provided : Be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons in this pre- sent parliament assembled, and by the authority of the GENERAL INTRODUCTION, Ixxi same, that from and after the passing of this Act, until the 25th day of Alarcli, 1819, no Alien shall become a na- turalized subject, or be made or become denizens, or be- come entitled to the privileges of a naturalized subject or denizen, in any other manner, or by any other authority than by any act which may hereafter be passed by the parliament of the united kingdom of Great Britain and Ireland, or by letters of denization, hereafter to be granted by his Majesty, his heirs and successors, any law, custom, or usage to the contrary notwithstanding : provided always that nothing herein contained shall extend or be construed to extend to affect in any manner such right to uaturalizar tion or to denization as any person, in case this act had not passed, might acquire or would have acquired, by virtue of any act or acts of parliament, made Cor encouraging sea- men to enter into his Majesty’s service, or for naturalizing such foreign Protestants as shall settle in any of his Ma- jesty’s colonies in America, or for naturalizing such foreign Protestants as shall have served, or shall serve in his Ma- jesty’s forces, and for the encouragement of the fisheries. As Sir James Mackintosh presented my peti- tion merely for form’s sake, there could dificatioh of them: what a fund of employment would be created: how universally this would be diffused; and how long it would Continue. Even the early production of ' , provisions to eke out the supply, before next harvest, would be no small advantage, in the present year of scarcity, and would certainly be obtained by affording to the poor, gar- ^ den allotments of land, for individual cultivation and conve- ^ nieiice. Your Petitioners deny what has been asserted by some, that such arrangements in rural economy, would stir • up in the minds of the people a desire for any thing like a » pneral Agrarian law, or that their obtaining votes, would in any way endanger property. Your Petitioners refer to America, where, in many parts, the right of vote is equally shared among the rich and the poor, without having caused If the least encroachment on property. Petitioners, though they most earnestly desire f to see a wise reform of Parliament, do not wish the parish 9 vote to qualify directly Tor parliamentary election, and |l they positively disclaim and renouhce bbat is commonly k CXlvi GENERAL, TNTUODrCTION. undei-stood by universal suffrage. They feel that the n^ass of the people never could be competent, sufficiently to estimate the comparative merits of persons aspiring to a seat in parliament; although they could well judge which of their fellow parishioners were most worthy of offices and trust within tlieir respective parishes, and which of them might be best qualified to act as parish deputies. at district or county meetings, whetlier assembled for parliamentary election or other business. Your Petitioners therefore most earnestly entreat that your honourable House will immediately withdraw all taxes on malt, salt, soap, candles, leather, bricks, and tiles; contr act no more debt ; pay all national charges unprovided for, by an assessment on rents and interest of monej, increasing the ratio of assessment upon great incomes derived from the same:— That, halving done this, your honourable House will take into most serious consideration the above proposals ; and particularly that you will so enact, that every British subject, grown to man’s estat^ shall have an opportunity pf occupying half an acre of land for its value, whereon he may establish his free- hold: and your petitioners shall ever pray. (Subscribed by Robert Gourlay, and ninety-seven others, of Wily parish.) This Petition had so much to struggle with, be- fore it was presented to the House of Commons, that I published an account of its struggles. (Po®'' Laws, No. 4.) Seven weeks before it was pre- sented, I sent to every Member of Parliament a circular containing that part printed in italics; stat- ing, at the same time, that such was to make tie ground of a petition to the House of Commons as cxlvii general introduction. soon as it assembled. Application was made to both the county members of Wilts, to present the petition ; but neither of them going to town im- njediately on the sitting of Parliament, it was offered to three popular men : Sir Francis Burdett, Lord Cochrane, and Lord Folkstone. Sir Francis carried it to the House, read it there, seemingly with great care, and then returned it to me by the hands of his brother, saying, “ he had not time to read it.” Lord Cochrane objected to the language, as “ too strong,” and Lord Folkstone spurned it as being “an act of legislation.” After this, it was put into the hands of Mr. Methuen, member for Wiltshire, presented, read, and ordered to be laid on the table of the House of Commons, the 28th February, 1817. Now, that nearly four years have gone by since tins Petition was presented to Parliament, I hope the reader will grant me indulgence in giving a httle explanation as to it. I'rom the moment that our courtiers took for granted, that public distress arose out of a mere “ transition from war to peace,” and that our landed interest relied on a Corn Bill to uphold their rents : — from that moment it seemed well for., every one to enter his protest against such mad-* ness, were it only to enable him, by a future day, to exclaim, “ Thou canst not say that I did it.”— From that moment, it was clear as day, that we were doomed to distress, if not to destruction. The crisis has not yet arrived ; but what thinking man is tree from the impression, that we are now every k 2 cxtviii GENERAL, INTRODUCTION. moment in jeopardy ? Schemes multiply for deli- verance. One would debase the coin . another would at once sweep off national debt, by a ge- neral levy of 15 per cent, on every species of pro- perty : a third would lower the rate of interest; and a fourth has no hope but in the sponge. I maintain, that a well-regulated tax on Rents znd Interest, would be preferable to every other scheme. Whigs object to a property-tax, in the dread of its enabling ministers to go on in profusion ; but let those who enjoy rents and interest, see to that, The main point is to unburden capital in the hands of its employers, to give excitement to industry, and spiritto adventure. The cravings of my Petition admit of compromise. Disband 50,000 soldiers, and the tax on salt might continue: put to the hammer the reversion of useless public property, which would bring upwards of one hundred mil- • lions, and the tax on malt might rest where it is: abolish sinecures, and economize in all the depart- ments of state, and the tax on hops would not be complained of. To go still further beyond the record, make a law, by which farmers may pay the rents of existing leases, on a scale of reduction, calculated from the market-price of wheat : com- mute tithes ; get quit of all corn laws ; and gra- dually throw open our ports to free commerce. These are sweeping proposals ; but they are mode- rate, when looked to as guards against the horrors of revolution. They are more fair than debasing the coin ; more safe than making a great seizure of property : more creditable than lowering of in- GENERAL INTRODUCTION. CXlix terest ; and every way to be preferred to the sponge. Some people begin to regard revolution with complacency, since armies have, of late, accom- plished this with ease and safety ; but these people little reflect upon circumstances, which render our situation different from that of every other nation. No country has such a multitude of degraded pau- pers as England ; men, who remember better times, and have experienced the most odious reverse: no country has such a swarm of idlers existing on fictitious wealth: the people of no country have stronger feelings ; nor is there any where so much talent to inflame passion. This, in short, is my conviction, that revolution in England would cer- tainly have a bloody beginning and a doubtful end. Those who expect good from revolution, rest expectation chiefly on relief from taxation and na- tional debt. I, by no means, think that such re- lief, even were it obtained without violence, would secure to us the greatest good. So far as taxation stimulates to industry, and so far as national debt affords a place of safe deposit for its surplus gains, both are desirable. The desideratum' is to make secure the place of deposit, by keeping taxation within bounds, while industry is stimulated to, the utmost. Our national debt is national capital; and could its interest be fairly paid out of the surplus earnings of skill and industry, it should not be re- duced a farthing : nay, instead of being eight hun- dred millions, 1 should be glad to see it double that, treble, or ten times that. As our debt in- frl- GENERAL INTRODUCTION. creases, without diminishing the fair profits of in- dustry and skill, it indicates increasing powers of production, and affords greater facilities to the ac- complishment of grand national projects. With proper management, national debt need never be ruinous. It is all among ourselves, and the grand point is to watch its bearings upon production. If taxes overburden the wheels of industry, then it is time to reduce them, or make rents and interest bear a greater share of the burden. Rents and in- terest are the overflowings of production ; and with power to regulate these overflowings, national debt cannot be extravagant in amount. With good ar- rangement, rents and interest may be flung into the sea, and induslry go on producing ; but the enjoyment of rents and interest — of affluence and ease, is enviable. It excites desires in those who produce, rendering them more and more productive. Rents and interest are thus remotely beneficial; but they are not of the first consequence: they are not absolutely necessary ; and, when the neces- sities of society require it, they should be first sa- crificed. The misfortune is, that the receivers of rents and interest are our legislators ; and, till hard pres- sed themselves, remain heedless of consequences, — even of impending ruin. Our great landlords are, at a push, our directors-in-chief. They could carry the Corn Bill against the will of nine-tenths of the people: they could behold it powerless, and for five years look with small concern on the pining away of their tenantry: they could see the GENERAL INTRODUCTION. cli monied interest rising on their ruin; and while they can still purchase ease by mortgage, or by devouring the farmer’s capital, they will remain in apathy; or, worse than apathy, go about amending their Corn Bill : when every succeeding tent-day gives stronger and stronger proof that economy should be studied, they will go on voting away millions for the support of soldiers in time of peace!! Well! if the last cord of feudal power is to be snapped by its own straining, it may be all for the best. But let us indulge a moment longer in theoretic discussion, and I shall say, that were the hand of wisdom itself to regulate and determine a scheme of taxation, rents and interest would be the true sources of supply in a country like this. They are most easily come at. Their amount precisely determines national capability, and by pressing upon them, every moral good, which may be con- sequent on the direct taxation of luxuries, may be obtained. How monstrous to tax soap, candle, leather, bricks and tiles! How 'monstrously un- principled was the war property-tax ! at once thriftless and oppressive; exacting from farmers often in tlie inverse ratio of their means to pay ; t searching the books of merchants; and making the income tax begin at £50 a year, and reach its acme of increase at ^^liO! Oppose to all this a well regulated property-tax on rents and interest ; and ■duly consider, not only the difference in point of justice, but economy. Lay a tax of ten per cent, -on all rents and interest whatever, and a quarter 4 ciii GBNEBAL INTRQPUCTION. per cent, additional on every £l,(X)0 a year above one thousand pounds of income, out of rents and interest; and the budget would bloom delight- fully. Who would suffer by such a tax ? Would the man of j2Q,a00 a year be stinted in luxury by giving up 15 per cent. ? the man of <£40,000 a year, 20 per cent. ; or the man of .£100,000 a year, 35 percent.? Certainly not? They would only have to dispense with a few pleasure horses and lap-dogs, footmen, and fiddlers. But there is no hope of getting this effected peaceably, but by systematic petitioning. Having so far touched on the out-works of ray Petition,,! would now draw attention to its middle part — that printed in italics ; and to this I would particularly call the attention of Mr. Malthus, as- serting that it will be impossible to get quit of the “ evil in comparison of which the national debt, with all its terrors, is of little moment, '' without some such plan as here set forth. I assert that there is more than education and relief from taxa- tion required to shut out “ the prospect of a mon- strous deformity in society^ I assert that objects of ambition should be set before the poor of Eng- land, to stimulate exertion, and draw them forth from the abyss of misery and degradation in which they are now plunged; that opportunity should be now given them, not only to acquire property, but civil rights, by the sweat of the face ; and 1 assert that, by liberal measures, they may be made in ten years not only to unburthen the country of poor-rates, but to add greatly to its effective GENERAL INTRODUCTION. cliii strength : that a weak and proBtless population may be got quit of, while a strong and healthy one would be substituted: finally, tl^at moral restraint may be so strengthened, that we should never stand in need of war, pestilence, or famine, to carry off redundant population. Mr. Malthus has ventured to recommend “ a fjeneral improvement of cottages " and even the cotv system on a limited scalef thinking that “ with proper precautions, a certain portion of land might be given to a considerable body of the labouring classes:' My mind was made up as to all these points, when I drew up the foregoing Petition, and after sixteen years reflection on the subject, with better opportunities of judging than any other individual whatever. I have since crossed the Atlantic, never losing sight of my plan for the deliverance of the English poor from oppression: I have become more and more convinced of the necessity of something being done ; and am more and more assured that no half measure — no pid- dling plan can avail. The time is now at hand when something must be done, and the soonejr the better; for now we may have salvation, by and by despair. The execution of my plan would ex- hibit a scene unlike to any thing which the world has yet witnessed ; perfectly safe, and every way effective. It disclaims all connexion with Spen- cean doctrines, and still more with the monstrous absurdity of spade husbandry. It proposes no de- rangement in the frame of society, nor any dan- gerous interference with private property. A hmi- 2 cUy ' GENERAL INTRODUCTION. dredth part of the island would answer its fullest demands ; and that would be paid for most hbe- rally*. It will be observed, from the Petition, that I was not rigid as to the quantity of land, and that I admitted of modification as circumstances should require. I wished to set forth the greatest quan- tum required, to shew that even that was nothing ' before the migKIy object aimed at ; the rooting out of poor-laws, and improving the character and condition of the people. The half acre of land is condescended upon as being such a quantity as any poor man could make the most of at his spare hours, and from which he could raise sufficient food for a cow, along with his liberty of pasturage on the common ; but there are reasons which would make it politic and right to diminish both the extent of the common and the garden plot. A quarter of an acre is the proper size for a garden, and 25 instead of 60 acres of common would be quite sufficient. A rood of land, under good garden culture, will yield great abundance of every kind of vegetable for a family, besides a little for a cow and pig. If there is aground on which a cow can range for part of a day, she can be kept in high condition for milk, upon articles of food, which can alw’ays be purchased ; straw, hay, grains, &c.; and, on introducing a general system, the less bounds in which that can be * There are in Great Britain 54,603,360 acres. Then, 50 acres set aside in each of 10,000^ parishes, gives The quotient is not a hundredth part • • 109 GENERAL INTRODUCTION. clv I ^ accomplished, so much the better. It is not the intention to make labourers professional gardeners or J farmers ! it is intended to confine them to bare ^ convenience. The bad effects of giving too much land to labourers was discovered more than thirty ? years ago, in the lowlands of Scotland. What were called the Cotter riys (Cottager’s ridges) are ^ now every where done away with, and to the » benefit of both masters and servants. The bad effects of the little potatoe farms in Ireland, are well known ; and nothing but dirt and misery is t'i witnessed among the Crofters of the highlands of 6* Scotland*. A tidy garden, with the right of i« turning out a cow in a small well-improved and lUi welUenced field, would produce effects of a very JM Mil j * Formerly, in Scotland, every large farm, or barony, had its cot- ^ ter tom (cottager’s town), that was, a hamlet, or small village, round which a portion of land was laid out in ridges ; and each cotter had one, two, or more of these ridges, on which he grew a little lilt oats for meal, a little flax for domestic manufacture, a sufficiency jjii of potatoes (after that root was introduced), a little grass for his cow, &c. The farmer or laird (landlord) under whom the cotters rented their houses and land, lent aid to plough the ridges, carry in the crop, &c. ; and the cotters were bound to work to lt!l him, when required. The system was wretched. The land was ^ but half cultivated : its stinted produce increased the cares and avarice of the occupier; but added little to his comfort. To ^ better the condition of the cow, and to add to the small ^ in-gatherings of harvest, the cotter was led to help himself by little and little out of his master’s fields and bams; and habits of pilfering grew up with the cow-herd and spinster. I am just old enough to have remembrance of the expiring system, and the im- ^ pressions left on my mind, make me rejoice that it is now no more. ( 4;lvi GENERAL INTRODUCTION, different kind indeed : would, at once, insure con- tentinent, comfort, and a world of convenience*. Independent of the advantage which would accrue to the inhabitants of a village, in the way of cow-keeping, from a small common or park, there is need of such a spot for various other purposes: the bleaching of linen; the gambols of the young; and the sober sauntering of the old ; exercise and air; the feeling of independence and social union. Objection has been started to the scheme, that its benefits could not be extended to people in towns; but it may as properly be said, that, Many years ago I have explored the interior of the highlands of Scotland; but till the spring of 1820 was not so far north as Glengary and Lochaber. There I witnessed the wretchedness of the crofters ; and wished, most heartily, that government might allow me, or some one else, to remove every one of them to Upper Canada, that their room in the highlands might be occupied entirely by shepherds, and they themselves rescued from filth. I cannot yet call to mind the turf hovels, with smoke spewing out from every pore, without feeling itchy all over. These people would, most of them, willingly emigrate. At least a fell half of those I ulked with, were keen for it ; but, for want of union and arrangement, few can move. ♦ While composing this General Introduction, Septemb^, 1820, and studying the above subject, I began to considet^M would be th^ consequence if there was no restraint put upon the partitioning of cottage allotments: and I wrote to Fifeshire, to ascertain how it had actually turned out with the fei^ upon my father’s estates in the parish of Cer^. I sent inform under which to range the information required; and have now to present a table, from which the political economist may draw more than one conclusion. The 4ble w^as filled up by Mr. Martin, landsurveypi in Craigroihie, a man qf grqat accuracy. GEVRRAL INTRODUCTION. civil because we cannot reach the North pole, we should not venture so far as Greenland. Were STATE of the FEUS on the Lands of BaUiUy, Seotstarvet, and Craigrothie, in the Parish of Ceres, County of Fife. NAMES OF ORIGINAL FEUERS. Extent of Oronnd feued. Date ol Posst't- nion. CaoFT Dvkp, Baltiixt. A. R.F. Alex. MXacblan 1 a 0 1756 James Donaldson . . . . 0 a 0 1755 Wm. Mitchell 1 0 0 1765' Andrew Densire 0 1 32 1756 CaANCB Inn, Scotstaro VET. John Lonie 0 3 0 1780 James Lonie 9 a 0 1790 Alex. McKenzie 5 a 34 1794 John Lonie 0 } 0 1790 Wm. Strachan 4 0 0 1792 John Lonie 0 1 90 1794 James Dingwall 1 a 0 1797 Craigrothie. Jas. Balfour 0 0 29 Old is * as HEAD OCCUPIERS OF DWELLINC'IIOUSES. 111 ssa Wm. Adamson Margt. Rodger Christian R^ger Mrs. Gold Wm. Simson Wfm. Mason Robt. Wallace ... JaStTarpie Wm. Thaw David Black Helen Thaw James Donaldson .... Jas. Ferguson David Donaldson .. Wm. Mitchell John Mitchell Mary Braid Wro, Donaldson.... Wm. Watson Eli 2 . Pitcairn Eben. Turpie ...i., John Lawson Euph. Sandeman Wm. Peat Agnis Wilkie Jas. Hardie Jas. Allan Alex. Canningham Kath. Lonie Wm. Henderson ., John Hodge John Scott .... John McKenzie ... Jobn Forrester ..., Thos. Mitchell Wm. Brnnton Alex. M*Kenzie .... Andrew Scott David Nairnc Geo. Brown Andrew Scott Wm. Strachan .... Chas. Birrel Jas. Hean Andrew Dingwall . Ann Dewar Isabel M‘Gregor . James B-ilfour ... John Blyth May Clark Jas. Reekie A. R.F. 0 a 16 0 0 13 0 a 16 0 0 19 0 0 5 0 0 19 0 0 19 I 9 0 9 1 9 1 17 I 17 9 9 1 4 9 19 0 9 19 0 9 19 0 0 19 0 0 4 0 0 19 0 0 10 1 9 1 90 0 99 a 0 0 1» 0 9 4 9 4 0 0 5 0 9 14 1 19 1 9 0 0 0 90 1 O 2 0 0 6 o a 44 13 f 95 clviii GENERAL INTRODUCTION. ten thousand country parishes accommodated with fifty acres each^ no inhabitant of a town need be in NAMES OF ORIGINAL FEUERS. Brought forward. John Marshall David Rae Wm. Marshall David Seth Andrew Spears John Gourlay John Gourlay . James Watson. Wm. Watson .... Walter Adamson Thos. Adamson. JobuYuol Wm. Adamson. David Martin Wm. Cunningham John Drybroogh David Wallace Wm. Martin ... Wm. Adamson. John Adamson . Alex. Hodge ... Alex. Oliphant Win. Matthew. John Yooi Extent of Groond feued. A. R. F. 18 2 28 0 3 2 0 1 0 0 1 15 0 0 10 0 1 0 0 0 16 0 1 0 0 0 18 0 0 16 0 0 24 0 0 21 0 0 14 0 1 35 1 1 19 0 0 39 0 1 0 0 1 0 1 9 14 0 1 21 0 0 94 0 0 99 0 1 16 0 0 20 0 0 26 26 2 0 36 0 2 S7i Date of Posses- sioo. Old 1750 1760 1770 1750 1730 1795 1795 1795 1795 1795 1810 1798 1798 1798 180.7 1819 1812 1819 1812 HEAD OCCUPIERS OF DWELLING-HOUSES. Wm. Marshall David Marshall .... Robt. Marshall .... Duncan Adamson .. Jas. Morison Helen Corbet John Adamson .... John Monro Jas. Seth Betty Brabener Jas. Allan Janet Tjavrson...... Wm. Louden ...... Jas. Blyth ........ Jas. Webster Ann M‘Culloch .... Euphan Ireland .... Peter Mason Ann Airmet Elspeth Cnrsewell.. John Marshall David Wallace .... John Gourlay Elspeth Dali John Blyth John Mason ^ David Sinclair .... Geo. Adamson .... Walter Adamson Thos. Adamson .... Mary Simson John Colvill Oliver Matthewson David Clark David Brown Jas. Dalryinplc .... David Webster .... Wm. Sime Rachel M‘NRb .... David Martin Barbara Swan Wm. Cunningham.... Wm. Muirie John Drybrough .... Thos. Melvill David Wallace Thos. Wallace ..... Wm. Martin Geo. Pettrle Elspeth M‘Culloch... John Adamson Robt* Honey man ... Alex. Oliphant Wm. Matthew John Yool A.R.r. 18 2 2S PJ ::a O I 10 0 10 OSO 0 i 1 0 0 1 IS 0 0 10 0 6 0 9 039 0 I 0 0 0 19 0 0 0 0 0 16 0 0 0 0 0 19 0 19 0 9l 0 7 0 7 0 0 0 0 18S 0 0 0 0 120 1 20 9 19 0 099 0 0 10 0 1 0 090 0 90 9U 191 09* 099 116 090 0 96 9 0 106 0 1 0 V GENERAL INTRODUCTION. clix want : and if inhabitants of towns were tempted out of them, to have the enjoyment of a garden and common right in the country, so much the better. It must be observed that the land measure in the above table is Scotch, which is one-fifth part larger than English measure. F stands for fall, equivalent to pole; 40 of these making a rood. Feus, not built upon, have been omitted. Thirty-six original feuers appear to have among them 26 acres, 2 roods; or about 2 roods, 37^ falls each: and 106 sub-feuers and tenants have exactly 1 rood each. Some families have no garden ground, and in some houses are two families. Had the land been equally divided, the gardens would have been of a pro- per size : the greater part of them are much too small. Families do not average 4 each; but there are 14 persons living single, which should not count as families. A considerable number of these people keep cows and pigs ; and almost every head of a family would have one cow, with the privilege of grazing one on a common. One common, well improved, and divided into four well fenced fields, so as to be grazed in succession, each field one week at a time, would be quite sufficient for such a number of people as appear in the table. Ancient commons were rendered' of little service to the public for want of fencing, improvement, and regulation, as to the quantity of grazing stock, shifting and proportioning this, &c. A few simple regulations would not only make the common yield the utmost profit and convenience, but make the business of cow-keeping altogether simple. A little hay, straw, grains, turnips, and the like, all of which could be readily purchased in every part of the kingdom, would be all the want; and the manure produced by the consumption of these articles would be just sufficient to supply the gardens. There would be no confusion, little care, great economy, and a world of comfort and convenience. Beavers, and bees, and ants, have the best possible arrangements determined for them ; but man is left to his own contrivance. How simple is that now proposed ; but, alas! the perversity of our nature!! X clx GENEllAIi INTRGDUCTrOX. Great towns, in many respects, are bad. They are unfavourable to morals, to health, to national eco- nomy. In villages of from fifty to one hundred fami- lies every good of combination can be obtained. In such villages every species of manufactory could find sufficient hands for supplying labour in all its divisions. 1 am at a loss to understand what Mr. Malthus means, by the “ improvement of cottages.” If he means the improvement of dwelling-houses, thereis a rule to be attended to, and it is this; that, every house, to contain a family with decency and comfort, should have a kitchen, parlour, and three sleeping apartments : one for the parent pair: one for male ; and one for female children. The ^plan and elevation of a log cottage, introduced page—*, has this much accommodation ; and is one, in the contrivance of which, I have bestowed considerable thought. Such a one, finished plainly, and furnished with every wooden convenience, could be afforded in the wilds of Canada for £S0. In England, a cottage, built of brick or stone, and finished as I would wish to see it, substantially and elegantly, would cost £80 now; and four years ago would have cost £l00. Requiring such a cottage to be erected by an individual, before he could claim the rights of a cottage-holder, is proper, on various accounts. The difficulty of * The tefefeilce is to a plate alrttbdy engraved j ®nd whid> will appear in vol. iii. GENERAL INTRODUCTION. clxi is acquiring privileges would make these privileges uji be more esteemed, and would bring into the jjj possession of them, superior merit; while the ^ after-enjoyment of a handsome place of residence would, in no small degree, assist in upholding - laudable pride and selt-respect. It may be thought, that a common labourer could never accumulate, I out of his wages, the sum requisite for the erection of such cottage ; but he certainly could, if the rate of wages was fair. It has already been stated, that I before the peace, a Scotch ploughman had J02O and ^ his victuals: the half of this could, with eco- ^ nomy, keep him in clothes, and the other half, regularly deposited in a savings bank, might amount to ^ 1 00 by his 23th year. Although I have an absolute abhorrence of the “ spade husbandry, as proposed by the benevolent ^ Mr. Owen, I perfectly agree with him, that moral training may greatly improve the human character, f Before Mr. Owen canrte before the public. as an au- thor, I had published my opinion, that“aVcM»i- >1* stances and situation," could mould this; and in s'* America I have seen it so far verified. Man, in- ti® deed, is a ductile animal, and a good one, when li< not crossed with tyranny, or ruined from bad ex- ample. He is more hopeful than Mr. Mai thus would have us believe ; but his training must Idlt commence before the wedding-day, — it must com- mence from the cradle. u- ^ As to the “ Cow system" there is no possibility of introducing it, generally ; but so far as a com- mon adjoining every village would admit ; and I 1 * dxii disNERAt. intropuction. trust that my plan is at once economical, safe, and practicable. I am perfectly aware of the difficult}^ of getting our rulers, and, indeed, the great body of the wealthy classes, to give a liberal hearing to such a proposal. They have a dread that any ad- mission of the people to the enjoyment of civil rights would lead to unreasonable demands: but rt is groundless and unchristian As to the land required, the poor have a positive right to it, looking back to these last 30 years of spoil, under acts of enclosure. The land, unjustly taken from them, under these acts, has amounted to more than would be required to establish the Village system all over the island. Yes ! much more than 500,000 acres have been thus unfairly taken from the poor; and, in another way, they have also been gradually and ruinously deprived of their property. By prevailing regulations, no person is entitled to parish-relief while he has any real property. If he is put to it, he must swear that he is poor ; — that he has neither cottage nor gar- den, cow nor calf } that he has nothing but house- hold furniture and wearing apparel. What has ensued from this law ? Why, that not one in a hundred of English labourers has now a sheltering place which he can call his own. Almost univer- sally the poor have been obliged to part with their cottages and gardens. The infernal poor-law sys- tem forced them to make this sacrifice. The stout- est, most active, and most willing labourer, could not maintain his family, after the combination to keep down wages was formed. There was a po*i- GENERAL INTRODUCTION. clxiii live necessity for his applying to the parish for ^ relief, and this relief he could not have till cot- tage, garden, and all was surrendered. For many ® years sore struggles were made to maintain inde- pendence, and keep possession of the little spots tj which, since England was, had descended by in- iti heritance from father to son ; but it would not do : 4 indeed, it was foolishness to hold out ; and it be- rkii 'came a common saying, that “ a collage and gar- kJ,' den was Ihe worst thing a poor man could have.’* ^ Let the reader pause, and reflect upon this: let jt, him think of consequences, — heart-sickening, lei appalling, ruinous consequences. What is pro- n perty good for? for what has God created it? Ijjj what, but a desire to possess property, can spur on the mass of mankind to exertion? what wouUl we be but for this desire ? yet here are millions o|( English people in whom that desire has ^ ^ become extinct, —who must pass through life, and ^ never enjoy the delight of having a home which ^ they can call their own. ^ AFhat does Mr. Malthus say to this ? Is there a ^ single word on the subject in his whole book on population? When we look to the index of that ^ book, and run over the many heads, under which ’ poor and poor-laws are spoken of, do we find a single word regarding this? Do we find any thing of this in the chapter which treats of “ the ^ only effectual mode of improving the condition (f the poor?” No : not a. word— not a syllable : yet, in this, is the grand secret ; in this is the germ of ^ hope; in this is. .the one thing needful. Let but 1 2 clxtv GENERAI- TNTRODITCTION. the poor have a little property to begin with-a little stock in trade ; let them have a home, which they can call their own, with the hope of independ- ence, and all will go well. God instituted property, and clearly tells us that, by the proper use of it, we can rise to excellence ; but without property or, the chance of acquiring it, no good can be expect- ed of us. 1 have rapturously expressed my joy m accom- panying Mr. Malthus from earlier to later times: from north to south, and from west to east; anon, musing on the abstract truth, that, in proportion as men are virtuous, so are they happy: but am I to dream only of this abstract truth ? When I have obtained full information as to “ the checks to population, in the lowest stage of society, — “ among American Indians,” — “ in the islands of the South Sea,” — “ among the ancient inhabi- tants of the North of Europe,” — “ among modern pastoral nations,” — “ in different parts of Africa, — “ in Siberia, north and south,” — “ in the Turk- ish dominions and Persia,” — “ in Indostan and Tibet,” — “ in China and Japan,” — “ among the Greeks,” — “among the Romans,” — “in Norway,’ — “ in Sweden,” — “ in Russia,” — “ in the middle parts of Europe,” — “ in Switzerland,’’^ — "'® France,” — “ in England,” — “ in Scotland and Ire- land,” — when I have obtained full information as to the checks to population, in all these countries, ancient and modern, and in every stage of societVi am I to fall asleep, and give up all inquiry as the means by which moral restraint may be braced? GENERAL INTRODUCTION. clxv * Am I to make a jumble of crude ideas, and satis- fy myself only of this bare abstract proposition, ^ that all checks to population are “ resolvable into ** moral restraint, vice, and misery?” Am I to rest ** satisfied with the belief, that the paupers of Eng- ip land may be exalted in character and conduct by a M mere sermon ; and that, too, on their wedding day? What! lecture a young couple on that day, ill against intemperance during the honey-moon ! ! to; Really, Mr. Malthus, there is no wonder that you Bi; have stirred up indignation. Nature should not )]!(( be so provoked — so wantonly outraged. With Ini all my admiration of the theory of population, J I must hold your practice in derision. You Ij, make me think of an astronomer fixing his eye so jjj intently on the milky-way, to discover its specks, that he forgets that there are stars of the first mag- nitude in the firmament. That “ population must always be kept down to thelevel of subsistence,” — that “when unchecked,” it may “ increase in a geometrical ratio,” that “ po- ^ pulation, could it be supplied with food, would go on with unexhausted vigour;” and that “ the in- crease of one period would furnish a greater increase to the next, and this without any limit,” &c. are , all truisms, which any child may understand. I am convinced, with Mr. Malthus, that a nation s strength does not consist in the mere multitude ot its people ; but in the moral and physical strength of the individuals who compose the multitude; and, most assuredly, there is great room for improve- ^ ment in this way. Bred to farming, I clearly com* dxvi OEKEttAL INTRODUCTION. \ prehencl Mr. Malthus, when he speaks of having sood stock, instead of bad stock, on a farm; but the example which I have given, from experience, of the difference between Scotch and English la- bourers, one earning <£20, while another earned but £12, renders all resort to figurative comparison unnecessary : it is direct to the point. And when it clearly appears by what means an English pauper may be made as good a man as any Scotchman whatever, why should he hesitate in resorting to the means for delivering one-half of the nation from misery, and another from the burden of poor- rates ? The simple means is to give the English poor a chance of acqiriring property, a hope of in- dependence ; and see the effects. Do but this : edu- cate the young, and free the old from vassalage. Only 150 years ago the Scotch were very brutes— the basest rabble on earth; but the institution of parisTi schools wrought a miracle : I may, indeed, quote my own words on this subject, written, in 1815: “The Scotch, in one century, were the most unprincipled and desperate marauders ; in the next, they were examples of sobriety and peace*.’ As soon as the poor rascally Scotcii got the rudi- ments of education, they began to work their way to independence ; and they sought for it all the world over. Let the English have the same ad- * Right to Church Property secured, page 21. Who- ever wishes to see a true picture of the Scotch, prior to the Refor- ination, should look into I.indsay op Pittscottib’s Histobt of that time. Thu change of character since is truly striking. GENCUAL INTRODUCTION. clxvii vantage, and they, in like manner, will profit by it. But I have said, that “ substantials have been taken from the poor (of Englapd), and that sub- i^tantials must be returned.” Even with education, the poor of England cannot have such a chance as the Scotch had ; and that, because of the existing state of property. I do not know if there is a single parish in Scotland, where the labouring classes do not possess considerable property in houses and land ; or, where they cannot find plenty of cottages and gardens to purchase, or take on lease. In Eng» land, it is all otherwise. I question if the poor of Wiltshire, were they emancipated to-morrow from parish bondage, and in the way of making money, could, in one parish out of ten, get land to pur- chase in small lots, or even have cottages for rent j and that ready accommodation, in this way, should be furnished them, is of the first importance. I have said that at least 5QP,000 acres have been unjustly taken from the poor within the last thirty years ; and that in this time, too, they have been obliged to surrender their cottages and gardens- ilowever unjustly and impolitically all this has come about, no restitution can be made, of the very commons, — -the very cottages and gardens, that have been taken from the poor ; nor is it desirald(i that this should be attempted. Assuredly, how- ever, the general right — the abstract right, to resti- tution, is good. Will Mr. Malthus deriy it ? Will he deny the propriety, justice, and good policy ot restitution ? or can he find fiuilt with ipy m^de pt restitution — my plan fpr execution? Landed pro- 1 u clxviii OENERAL INTRODUCTION. perty is often seized upon, paid for, and applied to public purposes, under acts of parliament ; and, if a hundredth part of each parish was so taken for the accommodation of the poor, it would be no great encroachment on the rights of private pro- perty. Some seven or eight years ago, the Bath Society gave a gold medal to the writer of an essay for proposing to purchase up land all over the king- dom, to be given to the clergy in lieu of tithes. This proposal was monstrous in a variety of views, but still it shows that people can bear with such a proposal. On the enclosure of commons, it has been customary to set aside one-seventh for the tithe-claimant, and, if we suppose tithe-claimants, throughout, to be entitled to half as much, here would be a fourteenth of the whole kingdom to be purchased up, and appropriated, for the mainte- nance of 15,000 parsons; not more than a thou- sand of whom are effective in the vineyard : — if we can listen to such a proposal with patience, how readily may my proposal be entertained of purchas- ing up a hundredth part of the kingdom, for the accommodation of a million of families ; and for the removal of “ an evil, in comparison of which, thena- tional debt, with all its terrors, is of little moment.” It is of no avail for Mr. Malthus to be sending into the world edition after edition of his Essay on the Principle of Population, and gradually entrenching himself for more than twenty years within fast- nesses of logic, if he does not come to some point: it is of no avail to be arguing nice points in poli- tical economy, or registering truisms, if no prac- GENERAL INTRODUCTION. clxix ^ tical issue is reached: it is of no avail to be wera- turing “ to recommend a general improvement of ^ cottages, and even the cow-system, on a limited ^ scale,” if nothing is done. Mr. Malthus has said, that he “ should most highly approve of any plan which would tend to render such repeal (the repeal of the law for public maintenance to the poor) ' more palatable on its first promulgation.” Well then, I submit my plan, and challenge Mr. Mal- thus to find fault with it. My plan was laid on the table of the House of Commons, before Mr. M Malthus published the 5th edition of his Essay on Population ; and I do not suppose he was igno- rant of it ; yet not a word is said of it. Now it ni will be better known ; and now I challenge not only Mr. Malthus, but the whole world, to say in el what it is wrong ; or to state what difficulty lies in m the way of its adoption. Mr. Malthus hints at J:- building cottages and letting them to the poor; [te but this would be a mighty expensive and com- f|( plicated matter, while it would produce no grand I j effect. He also speaks of Mr. Estcourt’s plan of gijl providing for the poor, — of letting land to the j|, poor, at Long Newton, in Gloucestershire, (North ^ Wiltshire) ; but this is all trifling. I have repeat- edly been at Long Newton, seen Mr. Estcourt’s j, provision for the poor, and inquired into his plan, jjj It is nothing more than a second edition of the cotter-rigs of old Scotland; and its continuance rests with Mr. Estcourt’s will and pleasure. Mr. Estcourt can deprive his poor tenants of the ridges now let to them; on which they grow a little dxx GENERAL INTRODUCTION. grain, beans, potatoes, and so forth. The poor must be made independent of all caprice; they must have something which they can call their own. They must have the power of loco-motion : they* must have a chance of acquiring a freehold, —an opportunity of rising from out the mud in which they are now stuck. The poor of Lincoln- shire arc placed beyond the caprice of their imme- diate masters, the farmers. They rent their cot- tages and cow pastures from the chief landlords, (see page xciv) and as they never disturb them in possession, it is so far well ; but it would be so much better if these cottagers could call their cot- tages their castles, as all Englishmen should be enabled to do. The little feuers of Ceres parish can do this. There, after they have obtained a feu, they are as independent as he that has granted it. The feuer can build to any extent on his laud with safety: he can keep, sell, or divide at plea- sure ; and the foregoing Table shews how things go. The practice of thus accommodating the la- bouring class Avith land is infinite. There is no want of homes in Scotland; whether for sale, tak- ing by lease, or exchange. In the parish of Ceres there are, perhaps, four times as many small pro- perties as those exhibited in the table ; and all over Scotland there are abundance. How was it in Wily parish and the country round? There, nothing of the kind was to be seen. In every parish there were a few cottages, generally in most ruinous condition, which h-ad, formerly, had their little independent occupiers, but now vvcje heW GENERAL INTRODUCTION. clxxi k by parish officers as public property. There were ^ a few also attached to the farms ; but not a place of refuge remained for the poor man who had • . * ^ spirit to wish for a home of his OAvn; and what said a parish-officer of Wily, when he wanted to SI • get quit of some of the poor. He said, “/*e would put them so close that they mould he ohliyed to sivarm;*' meaning, that he would drive them from the parish, where they had a legal right of mainte- ^ nance, by discomfort. Whoever bestows serious reflection on this nH speech, cannot be longer insensible to the necessity ill which exists for a thorough change being made in 111 favour of the poor of England, — the necessity of 0 restoring to them some landed property in every ob parish, to ensure independence and the power of kai locomotion. oii The ancient commons, though in many respects nuisances, were, in this way, of vast importance. Ikii Almost every parish in England used to have its [ii^i common or cow-down; and every highway was Ijf skirted with waste land, on which the people could at will erect freeholds. There was not then in England a man to whom such a speech as the above could be appalling. Till within the last |j,| thirty years, that commons and wastes have been |ji generally enclosed, without regard to the rights j. of the poor, and till all the cottages and gardens jj were taken out of their hands, they could not be 1(1 to ‘•‘swarm” from over-crowding in alms- houses, or parish hovels. The moment that a ' poor man was oppressed, by farmer, priest, or I clxxii GENERAL INTRODUCTION. ^squire, under whom he lived, he could find for himself a place of refuge. He had only to ask the assistance of a few friends. In a single night they could, erect a hut, on the common or waste, and before day-light the boiling pot proclaimed him a freeholder; nor could the king himself drive out the poorest of his subjects from such a tenement. This, I say, was a mighty affair for the poor a mighty stay for independence. By the enclosure of commons, England has be- come greatly more productive ! many millions a year have been added to rent-rolls^; but by the regardless manner in which the change has been effected, millions of the poor have been deprived of their most valuable rights— have been enslaved. Surely, I have said enough ; nor must I forget that I am not writing a book, but an introduction to a book. To the theory of Mr. Malthus I shall most faithfully adhere; and most happy should I be to see so able a writer seconding my plans. If Mr. Young flattered me twenty years ago, by saying, that I “ knew more of the poor of England than any man in it,’’ it may not be taken amiss if I merely state what has happened since. At no moment, since then, have I lost sight of the cause for which, twenty years ago, I shaped the course ot my life; — neither in Scotland, nor England, nor Canada, — neither by land nor by sea, — neither m prosperity nor in adversity, — neither free nor m jail, — neither supported by friends nor deserted by all : — surely, then, I must be a fool indeed, if tbis cause is worthless, or my schemes to advance ib are good for nothing. il i ■ i£ 'I* idi Dili IDl! lb ih 08 iKllt :bl sk 0$. bl t old 0 *. ■ '* [S' IS*" Hi' dtf GENERAI. tNTRODUCTIOrf. olxxiii Sooner or later we must have reform of parlia- ment; and a peaceable reform we cannot have too soon. Looking to my plan for reforming and abo- lishing the poor-laws as a step towards this, I ask the whole world if any thing so safe, so rational, so fraught with every good, has by any one else been proposed. Thirteen years ago I was even too zeal- ous for reform of parliament. I was not wrong in principle, but I was not then aware of that degree of degradation to which poor-laws had reduced the great mass of the English poor. My residence in England gave me opportunities of seeing how deeply evil had been rooted, and made me think of means by which the poor could gradually be fitted for the enjoyment of civil rights, which every human being must enjoy before we can see society improved as it may be — as it ought to be in this advanced age of the world. Edu- cation, the power of locomotion, the possession of houses and land, may all be enjoyed by a people wifhout civil rights, but without them there can be no security : and, more than that, without civil rights, the character — the dignity of man, never can be truly elevated. Here again is a most important point to which Mr. Malthus has never turned his eye. He has ridiculed the notion that taxation is the sole cause of distress, and exclaims, “ O monstrous absur- dity, that the poor should be taught that the only reason why the American labourer earns a dollar a day, and the English labourer earns two shillings, is that the English labourer pays a greater part of olxxiv general INTRODUCTION. these two shillings in taxes;” and I too will exclaim, O nsonstrous absurdity, if we are to con- fine the question within certain narrow limits. I will even allow that though “ parliaments were elective, suffrage universal, wars, taxes, and ex- penses unknown, and the civil list ^15,000 a year, the great body of the community might still be a collection of paupers.” I will allow it, because nothing is impossible, but for no other reason which I can see at present. Were w^e once in these happy circumstances, we should, among other good things, have free trade. Wheat would not only be five shillings per bushel, but foreign wheat paid for by the manufactured goods of this country, would go on increasing the demand for such goods for centuries. Some of our land might be thrown out of tillage : that is to say, we would give up an unprofitable struggle, and have more land in grass, which would rise in its comparative value from rents of convenienct, at same time that the stock of food in the coun- try would always be greater, and of a kind less subject to vacillation in quantity or price*. Till Mr. Malthus became the advocate of the Corn Bill, I never questioned his logic. I was so charmed with his theory of population — with what was right in his book, that I never thought of scrutinizing other matters. I did not discover what was wrong- * This was a point never properl j looked to by the Com Com* mittecs and writers oo the corn laws. A country full of live i.s less sulyect to famine than one depending on crops of corn. GBNGRAL INTRODUCTION. clxxv His writings on the Corn Laws, and still more, his Essay on Political Economy, has awakened me from delusion, and convinced me that all along Mr. Malthus has been deluding himself! I acquit him of all bad intention. I am convinced that he wishes well to mankind; though he is miserably narrow in his notions as to the means of accom- plishing good. In the very first page of his book on Population, — in the preface to the second edition, we may note a grand error, under which he sets out, and under which he labours to the end. He speaks of “ the reiterated failures in the efforts of the higher class, to relieve them” (the lower classes). He takes it for granted, that the rich have made efforts to relieve the poor. I deny that the rich ever did a single act of this nature gratuitously. T,beir constant and uniform efforts have been to oppress. What said Sir James Mackintosh, 30 years ago, in his ViNDiciiK GalliCjE? “ Property alone can stimulate to labour; and labour, if it were not necessary to the existence, would be indispensable to the happiness of man. But though it be necessary, yet, in its excess, it is the great malady of civil society. The accumulation of that power, which is confirmed bp wealth in the hands of the few, is the perpetual source of oppression and neglect to the mass of mankind. The power of the wealthy is further concentrated by their tendency to combination, from which numbers, dispersion, indigence, and ignorance, equally preclude the poor:” and again, he says, “ There never was, or will be, in civi- ^XXVi GENERAI. INTRODUCTION. lized society, but two grand interests, that of the Rich, and that of the Poor.” If Mr. Malthus is “ a Christian indeed:” if he is an impartial philaii- thropist, he will start from such premises as these, on his pursuit after truth and happiness ; and not suffer himself to be biassed in his career, beggared in his conceptions, and confined in his schemes of improvement. He will admit of balancing the in- terests of the rich and the poor ; he will allow the poor to have civil rights, and then go on^to argue; then go on to mark consequences. In tracing, with Mr. Malthus, the checks to population from the lowest stage of society, and upwards, I am conti- nually kept in rapture, with a clear view of the causes, which operate in making the earth a wil- derness, and the practicability of removing these causes increases, as I go on perusing chapter after chapter, till I come to study the causes which operate in my own dear native country of Scotland, when I am most of all convinced of the one thing needful, viz. the possession of civil rights by the people. Up to the year 1816, the condition of la- bourers, in Scotland, improved with increasing taxation, while the condition of English labourers was, year after year, sinking to its low'est ebb. The cause of this was obvious. The Scotch were educated, could move about the world, make a good bargainiwith their employers, or be off. Their dress, their dwellings, their language, their manners, their morals, all improved, up to this time. Good living did make population increase rapidly, notwithstanding the waste of war GnNKKAT. INTRODUCTION*. clxxvii and constant emigration ; but it did not make the people foolish in contracting early marriages. I know it had a contrary effect. I know that it made them more prudent in tjiis way. It made them lay in store for the provision of children, before they were begotten. I never knew a Scotch ploughman do an unbecoming act in this way ; but it is well known that in England, pauper lads have been known to marry, and then make application to the parish for a bed to lie down upon. Well, but what has happened to the labourers of Scotland since the year 1816? In that year I visited Scotland, and found the people still living well, though employment had become scarce, and wages were falling. In 1820, when I next visited Scotland, the change was complete. With all the good morals, good habits, education and all, I ' then found misery throughout, from Ayr to Inver- ness. I found thousands of manufacturers in every quarter, who had been accustomed to earn 20s. per week, earning only 4s. 6d. : I found ploughmen’s wages fallen to half, while nothing which they consumed had materially sunk in price, but provi- sion ; and that made no difference to them, to whom this was allowed, whether dear or cheap, in equal quantity, as part wages. Under these circum- stances, I found Scotch labotirers belfind in the payment of house rent: many had pawned furni- ture, for food : many were in rags. I found these very people, who, five years before, were the most exemplary, most cheerful, and contented, now become gloomy, dissatisfied, and desponding. I Clxxviii GENERAL INTRODUCTION. found thousands ready for revolt*. Would it have been so, had they enjoyed civil rights ? Would it ever be so again under this enjoyment cautiously conferred ? I can sec no reason that it should ; and have none to distrust providence, for “ Wis- dom’s ways are ways of pleasantness, and all her paths are peace.” Seven years have gone by since Mr. Malthus wTOte on the corn laws ; and two most miserable years, since he published the 3th Edition of his Essay on Population. Can he say, that wisdom has guided our councils during these years ?— dan he fail to discover what has checked population? — ;can he be blind to the causes of vice and misery ? I do not say, that taxation is the “ sole cause 6f distress :” on the contrary, I know that taxation may be made the means of raising us, as a nation, from adversity to prospe- rity. The sole cause of distress rests in the misap» plication of our immense treasures; in taxation, imposed without the people’s consent — imposed by an oligarchy, which can fill four seats out of five in our House of Commons, at pleasure; men, who have no feeling for the poor, or even for those * In 1808 I visited the coast of Kent, and found Martello towers erected 'along every part, accessible from the s6a, to defend us against French invasion. These towers were of no use in war; but now, they are absolutely required to defend us against smugglers. In October last, I travelled round that coast, and found the Martello towers manned with 'prevention men ; nor could I walk out on the cliffs, but I found people armed with swords, and pistols, and spyglasses; gloomy, taciturn p‘cople, who would not answer civil questions, lest I should be a smuggler. GENERAL INTRODUCTION. clvxix in middle rank ; men who are heedless lof every thing like virtue ; who tax us, only to squander away the immense resources' of the empire, to support themselves and their friends in luxury and idleness. Yes, Sir James Mackintosh was per- fectly correct in saying, “ the accumulation oftJutt power which is confirmed by wealthy in the hands the few, is the perpetual source of oppression and neglect to the mass of mankind Can Mr. Malthus deny it ? No, no, no. It is a law of nature ; and we should contrive means to correct its evil tenr dencies. The poor require every assistance : the rich should ever be eyed with suspicion; and hap- pily their own excesses are likely soon to undo them. Freedom of itrade will become absolutely necessary; and our landed oligarchy will be un- done. If the com of America could be exchanged for the 'manufactures of iBritain, the consequences would be glorious. Every hand in this country would find employment; every rational desire would be satisfied; every murmur would ibestilleri. Population would go pn anon increasing. All those checks, registered by Mr. Malthus ;-r-the checks of savage life, tyranny, ignorance, degradation, -war, pestilence, and famine, would all disappear. > Civi- lized man would rapidly spread over the earth, and replenish it. ’Mr. Malthus, strange to say, after years of study to discover checks to population, is blind to the great'Ones existing atihorae. 'He 'tells us, that emigration should be alhtved, but cannot finddn his heart to etieouraye it. Tie talks ofedu- cating 'the poor, djut nothing' is done. He justifies m 2 clxxx GENERAIv INTRODUCTION’. / the Com Bill, and writes a book on Political Eco- nomy, which, even with a summary, only adds confusion'to confusion ; while our iSlinisters laugh in their sleeves at the very name of economy. EuH of protestations in the cause of benevolence, in all his practical views Mr. Malthus is at fault — incon- sistent and narrow-minded. Jealous of nature, he binds her hand and foot with a too fastidious phi- losophy : he proves to demonstration that, with abundance of food, we can double our numbers in every twenty-five years, yet he will not let us have food at the lowest price.; and though God’s first command was to increase and multiply, and replenish the earth, he, a divine, is not willing to allow that emigration should be encouraged and assisted by Government; he is not willing to for- ward the express mandate of heaven ! ! Suppose reform of pafliament was to proceed upon the principle of every holder of a village lot having a vote in the choice of deputies (and after travelling in the United States, and studying their various constitutions, I still prefer deputed elec- tion) after his house was built, and his land paid for, what excellent efliects would attend the pro- gress of Reform ! Every man with a spare hun- dred pounds would immediately set aboyt build- ding a cottage to qualify him to vote at the next general election ; and for many years to come there would not be an idle hand in the country. Full employment to the poor would raise the price of labour: good wages would cause consumption: consumption would raise the price of corn : far- general introduction. clxxxi noers would again have money; and money would again briskly circulate. The rich would first build their cottages; and by the profits of building for the rich, labourers would in course go on to build for themselves. The desideratum at present is to find employment for the people; and here it is. With full employment, who doubts but taxes could be paid, oppressive as they seem to be at present, when all is stagnation ? How easily could Government cause fifty acres of land (or even ttvenly-Jive acres would do), to be pitched out within a mile of every parish church in the kingdom; and say to the people : here you may go to work: here you, who have means, may instantly give employment to the poor: here evdry man may rear for himself a castle of inde- fiendence: here, it may be said to the poor, is part of the price for which all future claims for parish aid are to be given up.. What would fol- low from such a noble proclamation? Most assu- redly all would be delighted. There would be an instant cheer among the rich to expend : there would be an instant rush, on the part of the poor, to exertion and toil : all would be life and acti- vity : two hours would be added to the dav ; and the very dunghill cocks would crow earlier in the morning. To increase the bustle, it would be well to see Mr. Brougham erecting a school- house in the centre of each village, while the “ Lion of the Exchequer” was kept at bay by a iermon from Mr. Malth us. ^ Mankind have never vet witnessed the wonders «/ clxxii GENERAL INTRODUCTION. ’squire, under whom he lived, he could find for himself a place of refuge. He had only to ask the assistance of a few friends. In a single night they could erect a hut, on the common or waste, and before da 5 Might the boiling pot proclaimed him a freeholder; nor could the king himself drive out the poorest of his subjects from such a tenement. This, I say, was a mighty affair for the poor— a mighty stay for independence. By the enclosure of commons, England has be- come greatly more productive: many millions a year have been added to rent-rolls ; but by the regardless manner in which the change has been effected, millions of the poor have been deprived of their most valuable rights— have been enslaved. Surely, I have said enough ; nor must I forget that I am not writing a book, but an introduction to a book. To the theory of Mr. Malthus I shall most faithfully adhere; and most happy should I be to see so able a writer seconding my plans. If Mr. Young flattered me twenty years ago, by saying, that I “ knew more of the poor of England than any man in it,” it may not be taken amiss if I merely state what has happened since. At no moment, since then, have 1 lost sight of the cause for which, twenty years ago, I shaped the course of my life; — neither in Scotland, nor England, nor Canada, — neither by land nor by sea, — neither in prosperity nor in adversity, — neither free nor in jail, — neither supported by friends nor deserted by all : — surely, then, I must be a fool indeed, if this cause is worthless, or my schemes to advance it, are good for nothing. GENERAti INTRODUCTIOW. clxxiii Sooner or later we must have reform of parlia- ment; and a peaceable reform we cannot have too soon. Looking to my plan for reforming and abo- lishing the poor-laws as a step towards this, I ask the whole world if any thing so safe, so rational, so fraught with every good, has by any one else been proposed. Thirteen years ago I was even too zeal- ous for reform of parliament. I was not wrong in principle, but I was not then aware of that degree of degradation to which poor-laws had reduced the great mass of the English poor. My residence in England gave me opportunities of seeing how deeply evil had been rooted, and made me think of means by which the poor could gradually be fitted for the enjoyment of civil rights, which every human being must enjoy before we can see society improved as it may be — as it ought to be in this advanced age of the world. Edu- cation, the power of locomotion, the possession of houses and land, may all be enjoyed by a people without civil rights, but without them there can be no security : and, more than that, without civil rights, the character — the dignity of man, never can be truly elevated. Here again is a most important point to which Mr. Malthus has never turned his eye. He has ridiculed the notion that taxation is the sole cause of distress, and exclaims, “ O monstrous absur- dity, that the poor should be taught that the only reason why the American labourer earns a dollar a day, and the English labourer earns two shillings, is that the English labourer pays a greater part of clxxxiv GENERAL INTRODl CTION; lor transaction, — for exchange, — for the accumula- tion of wealth or the extinction of debt, by whatever name it may be called. All that we want is activity. Our credit is unbounded: our means, well employed, unexhaustible. Let then the poor have work, and a hope of independence and enjoyment. Let our transports, now rotting in the harbours, be refitted : let them carry out emigrants to Canada — to the Cape — to Van Diemens land: only let proper plans be laid down, and all will pay. Breeding itself will pay : I say it in full consideration of all the reasoning of Mr. Malthus. Let us no longer, then, be backward in obeying the first great command, “ increase and multiply, and replenish the earth.” Is it not a shame that three-fourths of the globe should yet be unpeopled, after 6000 years have fled, and that mankind should be led on to butcher each other at the nod of a holy alliance? Away with the idea that breeding is the cause of vice and misery. Kings and priests caused thesp, themselves in the first place being caused by the ignorance of mankind. Let us liberally interpret the laws of nature: let us duly appreciate the qualities of the human mind as sus- ceptible of infinite improvement: let us not con- found causes with effects; but patiently trace out the windings of the “ mighty m’aze.^’ Now that we are in possession of the art of printing, let us persevere in putting down ignorance, and all its brood. Let us be assured that vice and misery may be eradicated from the earth : that it may be thickly and quickly peopled ; and that moral re- r GENKRAl. INTRODUCTION. cIxXXV siraint alone is sufficient to give consistency to the law divine. INTRODUCTION TO SKETCHES AND TOWNSHIP REPORTS OF UPPER CANADA. The Sketches were prepared for publication in 1811, but laid aside in consequence of the war which broke out in 1812. On the re-establishment of peace, the writer revised his Sketches, and inserted accounts of battles, &c. of which he had the best opportuni- ties of being correctly informed, again intending to publish, but, for reasons not communicated to me, that intention was relinquished. In 1818 the manuscript was offered to me, as a fund of ma- terials for my Statistical Account, and I had a writ- ten order to receive it from a printer in the United States on my way to England. When shut up in Niagara jail, it occurred to me, that I might beguile some dreary hours by pub- lishing in Upper Canada the Township Reports, with a general Account of the Province, from my own knowledge, so as to have the whole improved on the spot, by additions and observations of Jhe inhabitants, for rendcrujg the publication in 4 clxxxvi GENERAL INTRODUCTION. England more complete. 1 took steps towards this, and had the Sketches sent to me; but they did not arrive till after I had found it impossible to accomplish my purpose, and I did not give them an attentive reading till my return home. Here I found the work so perfect, the style so good, and the statements so candid and injpart;ial, that 1 judged it wrong to pull it to pieces. I conceived that as a whole, it was better than any general ac- count I could draw up, and would be more pecu- liarly interesting, as coming from the pen of a na- tive American, and one who had been long resi- dent in the province of Upper Canada. To assist the writer’s description of the falls of Niagara, I have introduced aground sketch, which, together with the vignettes in the title-pages, will, I hope, be serviceable; but no description, however assisted, can convey . an adequate idea of nature’s most splendid scene. / The Township Reports need no other intro- duction than the following Address, which called them forth. - ’ - TO ^Ihe Resident Land-Owners of Upper Canada. Queenston, October, 1817, Gentlemen, I am a British farmer, and have visited this province to ascertain what advantages it possesses in an agricultural point of view. After three months residence I am con- vinced that these are great,— -for superior indeed to wbal GENERAL INTRODUCTION. clxxxvii the mother country has ever held out, either as they coxkr cem speculative purchase, or the profits of present occur pation. n Under such impressions, it is my purpose, as soon as circumstances will permit, to become a settler ; and in the meantime, would willingly do what liesi in my power to benefit the country of my choice^ When I speak in this sanguine manner of the capabilities of Canada, I take it for gianted that certain political restraints to improvement will be, speedily removed. Grow- ing necessity, and the opinion of every sensible man with whom I have conversed on the subject, gives assurance ot this. My present Address, therefore, waves all regard to political arrangements : it has in view, simply to open a correspondence between you and your fellow-subjects at home, where the utmost ignorance prevails with respect to the natural resources of this fine country. Travellers have published passing remarks, — they have told wonderful stories, and amused the idle of England with descriptions of the beautiful and grand scenery which nature has here displayed ; but no authentic account has yet been afforded to men of capital, to men of enterprise and skill, of those important facts which are essential to be known, before such men will launch into foreign sp^cii- lation, or venture with their families, in quest ot better fortune across the Atlantic. Ill this state of ignorance, you have ‘hitherto had for settlers chiefly poor men driven from home by despair. These men, ill-informed and lost in the novelties which surround them, make at first but a feeble commencement, and ultimately, form a society, crude, unambitious, and weak. In your newspapers I have frequently observed hints towards bettering the condition of those poor set- tlers, and for ensuring their residence in the provinces. Such hints evidently spring from benevolent fedmgs : they are well meaut, and may tend to alleviate individual dis- 3 elxxxviii general introduction. tress, but can produce no important good to the country. Canada is worthy of something better than a mere guidance to it of the blind and the lame : it has attractions to stimu- late desire and place its colonization above the aids of ne- cessity. Hands no doubt are necessary, but, next to good laws, the grand requisite for the improvement of any country is capital. Could a flow of capital be once directed into this quarter, hands would not be wanting, nor would these hands be so chilled with poverty as to need the patronage of charitable institutions. At this moment British capital is overflowing; trade is yielding it up: the funds cannot profitably absorb it: land mortgages are gorged ; and it is streaming to waste in the six per cents, of America. Why should not this stream be diverted into the woods of Canada, where it would find a still higher rate of interest, with the most substantial se- curity? Gentlemen ! The moment is most auspicious to your interests, and yon should take advantage of it. You should make known the state of this country; you should advertise the excellence of the raw material which Nature has lavishly spread before yon ; you should inspire confi- dence, and tempt able adventurers from home. At this time there are thousands of British fanners sickened with disappointed hopes, who would readily come to Canada, did they but know the truth: many of these could still command a few thousand pounds to begin with here; while others, less' able in means, have yet preserved their cha- racter for skill and probity, to entitle them to the confi- dence of capitalists at home, for whom they could act as agents in adventure. Under the wing of such men, the redundant population of Britain would emigrate with cheerfulness, and be planted here with hearts unbroken. We hear of four or five thousand settlers arrived from home this season: and it is talked of as a great accession GENERAL INTRODUCTION. clxxxix to the population of the provinces. It is a mere drop from the bucket. England alone could spare fifty thousand people annually, while she would be refreshed and strength- ened by the discharge. In war, England sent abroad an- nually more than twenty thousand of her youthful sons to be slain, and more than twenty thousand of her daughters shot after them the last hope of honourable love. In these twenty-five years of war the population of England rapidly increased: what is it to do now, when war is at'an end, when love and opportunity are no longer to be foiled, and the poor-laws have provided sustenance for children inde- pendent of the parent’s care? Under existing circumstances, it is absolutely necessary even for the domestic comfort of England, that a vent should be immediately opened for her increasing popula- tion, and the colonization of Canada, if once begun, upon a liberal footing, would afford this vent. The present emigration from England affords no relief whatever to the calamity occasioned by the poor-laws. Thousands and tens ot thousands of paupers could be spared, who cannot possibly now get off for want of means, but who would be brought over by men of capital, were con- fidence for adventure here once established. The extent of calamity already occasioned bv the system of the poor-laws, cannot be even imagined by strangers. They may form some idea, however, when I tell them, that last winter I saw in one parish (Blackwall, within five miles of London), several hundreds of able-bodied men, har- nessed and yoked, fourteen together, in carts, hauling gravel for the repair of the highways; each fourteen men performing just about as much work as an old horse led by a boy could accomplish*. We have heard since that * The above mdancholy picture need not stand alone as illus- •• trative of the condition of the labouring classes in England ; nor cxc OBNRRAL INTRODUCTION. £1,500,000 has been voted to keep the poor at work; and peAaps the most melancholy consideration of the whole is, that there are people who trust to such means as a cure for While all this is true; when the money and labour of England is thus wasted; when thousands of our fellow- subjects are emigrating into the States of America; when we even 'hear of them being led off to mix with the boors of Poland, in the cultivation of a country where the na- ture of the government must counteract ffie utmost efforts towards improvement, — is it not provoking that alt this should go on merely from a reigning ignorance of thesn- perior advantages which Canada has in store, and a thoughtlessness as to the grand policy which might be adopted for the general aggrandizement of the British nation? * * Some have thought tlie exclusion of American citiaens a 'great bar to the speedy settlement of Canada; but a liberal system tof colonization frosn Europe, woul4 render this of small* importance. 'Before coming to a 'decided opinion on this important subject, I took much pains to in- form myself of facts. A minute inqui^ on the spot where was it only in the year 1817 that misery was extreme. I copy the following piece of intelligence from the'Salisbury 'Journal of 9th April, 1821. “ Many of the poor frame-workers of Nottingham are ont o employ, and teams of men, and e?ven women, are dragging coals, &c.,^ in waggons and carts, about the streets, to excite the cowp®^ sion of the inhabitants.’* * Mr. Horne, the Editor of the Upper Canada Gazette, he was first setting up the types of this Address, wished me to substitute the word no for sinallf which I would not consent to. Mr.iHorue, I dare say, will recollect this; and, I hav® reason^ for keeping itin'inind. V GENKUALr INTRODUCTION. CXCi government has endeavoured to force a settlement, satis- ^ fied me as to the catis^s of the too notorions failure there. It convinced me that the fault by no means rested with the ^ incapacity of the settlers, but resulted from the system pur- ^ sued. I have since spent a month perambulating the Genesee country for the express purpose of forming a compari- son between British and American management. That country lies parallel to this : it possesses no superior ad- * vantages: its settlement began ten years later; yet I am » ashamed to say, it is already ten years before Canada, in i improvement. This has been asoribed to the superior dex- il terity of the American people, bat most erroneously. The 1 art of clearing land is as well understood here as in the I States: men direct from Britain are as enei^tic, and after i a little practice, sufficiently expert with the^axe, while they are more regular in their habits and -more persevering in ii their plans tlian the Americans. ^ No improvement has taken place in the Genesee coun- I try, which could'not be far exceeded here, under a proper system. It Was 'indeed British capital and "enterprise g which gave the first grand impetus to the improvement of ^ that country: much of its improvement is still proceeding under British agency; and one of its most flourishing townships is wholly occupied by men, who came, witli slender means, from the Highlands of Scotland. In the ^ Genesee country, the government pocketed > much, but forced nothing, and charity, there, has been left ^without an object. * The Genesee country, contaming near five millions of acres, extends eastward from Niagara river about 100 miles: is bound- ed, on the north, by>Lake Ontario, and on the south, by Pennsyl- vania. The river Genesee runs through the middle of it ; and that word, which is Indian, means in English, pkcmnl valiey. CXCll trENKRAl. INTRODUCTION Gentlemen,— Tlie inquiries and observations wliitli I kave recently made on the subject of settlement, assure me, that neither in these Provinces nor in the United States, has a proper system been pursued. The mere filling of the world with men, should not be the sole object of political wisdom. This should regard the filling of it with beings of superior intellect and feeling, without which the desert had better remain occupied by the beaver and the bear. That society of a superior kind may be nursed up in Ca- nada, by an enlarged and liberal connexion with the mother country, I am very confident; and its being realized is the fond hope which induces me to come forward with my pre- sent proposals, and which, if these proposals meet with sup- port, will continue the spur of my exertions to complete the work which I have now in view. Many of you. Gentlemen, have been bred up at home, and well know how superior, in many respects, are tlie arrangements and habits of society there, to what they are on this side the Atlantic. Sucl% never can be hoped for here under the present system of ^Ionization, whicli brings out only a paid, and that the weakest part of society- which places poor and* destitute individuals in remote situations, with no object before them but groveling selfish- ness — no aid — no example — no fear either of God or man. Is it not possible to create such a tide "of commerce as would not only bring with it part of society, but society complete, with all the strength and order and refinement which it has now attained in Britain, beyond all precedent. Surely government would afford every facility to a com- merce which would not only enrich, but eternally bind to- gether Britain and her Provinces, by the most powerfd sympatliies of manners and taste and affection. Government never can too much encourage the growth of this colony, by a liberal system of emigration. ^ we come from home, we are not expatriated : our feelings as British subjects grow more warm with distance, and out GKNERAL INTRODUCTION. CXcill greater experierfee teaches us the more to venerate the* principles of our native laud — the country wherein the' scTeneeS*have made the greatest progress, and where aloncr are cultivated to perfection tlie arts of social life. home, wo have experienced evils: we know that influenfces* are there, which war against the principles of the constitu- tion, and counteract its most benevolent designs, ffere, we are free of such influences, we are perfectly contented, and a fine field lies open to us for cultivating the best fruits of civil and religious liberty. An enlarged and liberal connexion between Canada and Britain, appears to me to promise the happiest results to^ the cause of civilization. It promises a new eera in the history of our species : it promises the growth of manners with manly spirit, modesty with acquirements, and a love^ of truth superior to the boasting of despicable vanity* The late war furnished the strongest proof of the rising spirit of this colony’ even under every drsad vantage*; pity it would be, were so noble a spirit ever again exposed' to risk. The late waiv showed at once the affection which Britain bears to Canada, and the desire which Canada has to continue under the wing of Bntain. When aconhexi^ is established between the two countries worthy of such nifesfations, all risk ^viR cease. Britain will no longer haVh to expend her jiiiliions here. This country will not only -be equal to its* own defence; but the last hope* of invasldit ^ill wither before its sttengtli. While Canada ' remains ,p 60 f and neglected she can only He a burthen, to Bintaiii : whdn improved and wealthy she Will amply liepay every debt, and become the powerful friend of the parent state. What I conceive to be the first requisite for opening a suitable communication with the mother country, is th^ drawing out and publishing a weH-authen treated statistical account of Upper Canada. This cannot be etiected by a single hand: it must be the work, and have the authority of CXciv GENERAL INTRODL CTION* \ many. To give it commencement, I submit for your con- sideration the annexed queries ; and could these be replied to,, from every township in the Province, the work would be far advanced. These queries have been shewn to many of the most respectable individuals in the province, and the scheme of collecting materials in this way, for a statistical account, has, by every one, been approved. Some have doubted whether there exists sufficient energy aiid public spirit in the remote townships to reply to them. I hope there is; and certainly no organized township is destitute of individuals qualified for the task, if they will but take so much trouble. Some gentlemen have met my ideas so cordially as to offer to collect information, not only for their ow n, but, for other townships. Correct information, however, is not the only requisite: authority is also wanted of that species which will not only carry weight with it to a distance, but remain answerable on the spot for what is advanced. The desirable point, therefore, is to obtain replies separatdy from each township^ and to have these attested by the sig- nature of as many of the respectable inhabitants as possi- ble. To accomplish this in the speediest and most effectual manner, a meeting might be held in each township, and in the space of an hour or two the business might be perfected. The Queries have been drawn out as simply as possible, with a view to the practicability of having them answered in this general way. They embrace only such matters as it must be in the power of every intelligent farmer to speak to, and the information to be obtained by them be sufficient to assure farmers and others at home who have money to engage in adventure, that adventure here, not only be rational and safe, but that they themselves may sit down in Canada with comfort and independence. Although, to prevent confusion in the general fulfilment cxrv GENERA!^ INTUOmiCTlON. of the scheme, I have confined tlie range of QuerieSj it would still be very desirable if intelligent individuals would communicate their sentiments with regard to any measure of improvement which occurs to them, or any remarkable fact or observation they may have made concerning the cli- mate, soil, or cultivation of the province. Shonld any correspondent dislike my using his name publicly, he need only give a caution, and it shall be ob- served If the Queries obtain notice, and sufficient documents are forwarded to me, I shall arrange and publish them in l^ugland, whither I am soon to return. Had this task re- quired superior ability, such an offer would be presump* tion. I think it requires industry alone, and that I shall contribute most willingly. Whoever thinks well of the scheme, and feels a desire to promote it, l^t him not hesitate or delay: prompt assist- ance will be every thing; and, as to trouble, let individuals compare their’s to mine. Though I gratuitously make offer of my time, I must be relieved of expense as much as possible, and shall expect all communications to be post paid. No person, I think, who interests himself at all in the matter, will grudge his item in this way. Divided amongst many^ such charges will be trifling, but accumulated upon (ine, they would be serious. * These lines were thrown in at the suggestion of the printer at York, who thought few people would choose to give their names, as authority. So very different w^as the issue, that f have received only one communication out of nearly a hundred, with a feigned signature. I mention this to the honour of the people of Upper Canada, while I express my regret for admitting of a supposition that any one would hesitate or withhold his name in support of the information required. n2 CXCVl GENERAL INTRODUCTION* Should tlie work succeed to tny wish, I would propose not only publishing it in the English, but German language. It is well knoy^n that the people rtf that nation are most desirable settlers, and it is a fact that many of them have not the means of communicating to their friends the very superior advantages of this country.;- One of them, who has been in Canada 13 years, lately told me, that “ tou- “ sands and tousands would come over, did they but know “ how good a country it is for poor peoples.” ROBERT GOURLAY, N. B. Address all communications for me, to the Post Office, Qveenston. [See Querie.s, page 270.] The iJpper Canada Gazette, in which the above was first published, having a very limited circula- tion, and the President, Colonel Smith, having approved of the Address, TOO copies were thrown oflT as a Circular,' and sent by post to the public officers of ea’ch township, with the following note: ir .. . ,,.C n ' . The within Address^ S^c. appeared in the Upper Canada Gazette of the 30th October ; hut lest that paper should not fall into your hands^ this is sent to you; and it is earnestly j'equested that you will endeavour to procure a meeting of your respectable neighbours^ as soon as possible^ and otherwise forward the object in view^ which would be of the greatest service to the Province. GENERAL INTRODUCTION. cxcvii (It luts been said^ par/e Ixxxiii, that the printing of this General Introduction was broken off*, De- cmAer, 1820. It was then thus far prepared for the press ; and the causes of a year s delay in publishing^ Sj-c. shall now he staled in the following Address.) TO THE PEOPLE OF UPPER CANADA, {^Ammg whom are my fuiious Foes and feeble Friends,) Canadians, Had this book appeared twelve months ago, as it might, but for accidents, my intention was to have dedicated it to you, in the hope that your representatives would do nothing in parliament till a commission of inquiry was sent home. Your representatives have played the fool ; but, of this, elsewhere. As I have all along considered myself pledged to publish in England the information concerning Upper Canada, which you communicated to me for that purpose, I shall have recouise.to narrative to set forth by what causes I have been so late in redeeming my pledge, and at the same time shall recount what has occurred to me in connexion with the subject of this publication. In my statement of 3d January, 1820, (page v) I have noted my landing at Liverpool, the 2d De- CXCvlii CiENKRAIv INTUODUCTION. ceinber, 1819. Arriving at Edinburgh the 6th of the same month, I heard, for the first time, that my father had breathed his last, and proceeding to Eifeshire, devoted a month to sympathy and con- dolence with my afflicted mother. Towards the middle of January 1 returned to Edinburgh, and im- mediately w'aited on an eminent booksellef, to offer him for publication, “ A Statistical Account OF Upper Canada, written by the Inha- bitants.’’ He informed me that he had had lying by him for some weeks a Statistical Account of Upper Canada written by Dr. Strachan of that province, which had been sent home recommended for publication by Sir Peregrine Maitland and the Attorney General : that he had, within the last two days, returned this to Aberdeen, refusing to be its publisher; and, having refused Dr. Strachan’s work, he could not, hesaid, in propriety publish any thing of the same kind for me. I then entered into treaty with another bookseller, and flattered my- self that I might not only get the Statistical Ac- count published, but have petitions presented to the Prince and Parliament respecting my treatment at Niagara, so as to sail for Quebec by the spring ships. At this moment, the King’s death, and consequent dissolution of Parliament, dissipated these sanguine expectations, and made me think of dedicating some time, now of less consequence, to the restoration of my health, which was indeed wretched; to the pleasure of visiting my friends; and the enjoyment of viewing, once again, the varied and charming scenery of my native laudi GENERAL INTRODUCTION. CXc'lX On such errand^ I made a pedestrian excursion ; first westward, through Lanark, Renfrew, and Ayrshire ; and then to the north so far as Peterhead, Inver- ness, and Fort William ; having the additional ob- jects, in these quarters, of inquiring into the situa- tion of the Highlanders, and of their inclination to emigrate; as well as of inspecting the Caledonian Canal, that I might the better make up my mind as to that of the St. Lawrence. It was the beginning of May before I got back to Edinburgh from this second tour ; and here I found Dr. Strachan’s book advertised under the title of “ A Visit JO Upper Canada, by James Slrachan,” a brother of the said Doctor ; the adver- tisement setting forth that the book contained “ A brief account of Mr, Gourlay s proceedings as a reformer in Upper Canada : the whole being care- fully drawn up from materials furnished by the author's brother, who has been twenty years in the country, and a member of the Government." Although I never heard of Strachan till I was in Upper Canada, I had no difficulty in getting a correct history of him. About the year 179"5 this, now, Honourable and Reverend personage strolled south from Aberdeen, where he had received a little college learning, and was for a while preceptor to the children of a farmer in Angusshire. After this he got to be schoolmaster, first in Duninno, and then in Kettle, parishes in Fifeshire, attending St. Andrew’s Col- lege at the same time, as an irregular student. The Rev. Dr. Hamilton, of Gladsmuir, in East 3 CG GKNEnAL INTRODUCTION LotliifiJi, Hiy wifc’^ uncle, having a commission froni a friend in Upper Canada to send out to him a.|)er8on qualified for a family tutor, offered £o0 U'year to procure one; and Strachan agreed to go put» He went; and after teaching privately for !SQme time, became again a schoolmaster. In this situation lie married a widow with some money and good connexions: got orders to officiate as a minister of the church of England ; was appointed to the rectory of York, the capital of Upper Ca- pad^i ; and, finally, became, in addition, honorary member of the executive council of the province*. All this was certainly creditable; but our Dominie yyoplcj not rest with thq performapce of his many jjqties of schoolmastpr, parson, and councillor. Jllq \yas not contented, wifh whipping children; but attacked au ex-presidept of the United States, in a virulent newspaper article, to which he set his name as “Rector of York,” and published a pamphlet abusing the late Lord Selkirk for his at- ^ Since the above was written, I have seen it announced in a newspaper, that the Ploriourabte, and Reverend, and Doctor Strachan is appointed Member of Uie Legislative Council,” and I doubt not we may, by and by, hear of his being Bishop of Upper Canada : so my hero is not a little man in every respect. 'I'he reader will find in this first volume repeated allusions to him, made t^hile I yet intended to withhold his name. My changecj plan of publishing has brought it forth in this place : has iritrbdiiced it in the Appendix-; and most conspicuously in the Ex^planatiOn or the Maj> prefixed to volume II. which the reader would do well f9 perusjp before he goes further. GENEUAI. INTUODUCTIOX. CCl tempt to establish a colony in the Hudson’s Bay territory ! I was the next object of his wrath ; and for what ? — for publishing my first Address to the Resident Land-Owners of Upper Canada, which has appeared above. Upon getting hold of the “ Visit to Upper Ca- N A DA,” I readily perceived why the Edinburgh book- seller had refused to be its publisher. F rom beginning to end it exhibited one continued tissue of weak- ness and abomination, with a whole chapter de- voted to personal abuse of me : indeed, I have no doubt, that, but for this magnanimous object, James Strachan would have made no Visit to Upper Canada. Its general merits may be well conceived, from the following article, which appeared in the .Scotsman ne\yspaper of May, 1820 . LITERATURE. A VISIT TO THE PROVINCE OP UPPER CANADA. IN 1810, BY JAMES STRACBAN. This is one of the most miserable attempts at travel- writing; we have ever seen. A book written for the use of emigrants may dispense with profound thinking, and ' splendid description, and seems to require nothing more than the power of collecting and relating facts and circum-r stances of a very obvious kind. But simple as the task ap- pears, this work may convince any one that there are individu- als as incapable of executing it, as of deciphering the hiero- glyphics of Dendcru. Though we must suppose that Mr. wli GENERAL INTRODUCTION. Strachan had the benefit of his brother’s information, who has been above twenty years in the country, and though there can be little doubt that the two have clubbed their talents for the enterprise, we must say that the book con- tains nothing to repay the trouble of reading three pages. Any facts to be found in it worth notice, have been borrowed at second or third hand from books already known; and in the borrowing, we fear, they have lost the accuracy which renders them of any value. When the author attempts any remarks in his own person, he is miserably out, from the want of the most common species of information ; and what is still worse, the handful of ideas he has, are buried under a mountain load of prejudices. Indeed, the only thing new in the book is the superlative ignorance that runs through it — an ignorance which charity might have ov erlooked, had it not been accompanied by no small share of presumption, Mr. Strachan has been moved to publish by a motive no less noble than a zeal to demolish a host of errors which have been suffered to reign till this champion of truth and knowledge took tlie field. He announces, confidently, that his book will be found to contain every thing essential for an emigrant to know; and he anticipates that it will entirely divert the stream of emigration from tlie United States to Canada. We have no doubt that our author really meant to ac- complish this, if he had known how to set about it. But whatever advantages Canada possesses have been much better told already by every person who has pretended to describe them ; and as for the comparative disadvantages of the United States, we fear his accounts will have but little authority with those who know that he was never in the country ; and that, as he has proved himself incapable of describing what fell under his own observation, his tes- timony cannot be of much value as to objects a thousand miles off. Though the reader will not learn (unless by inference) GENEKAL, INTROBCJCTION. cciii that the rigoUr of the climate suspends the operations of husbandry, nearly five months of the year, in Upper, and six months, in Lower Canada ; or, that the whole country is rendered inaccessible for about one half of the year, by sea, from the ice : and tliough he will look in vain for other facts of as much importance, we are far from saying that he will find nothing in it which he has seen before. On the contrary, he will find from a meteorological table, what no- body suspected, that the extreme cold of Upper Canada, in January, is plus 27 of Fahrenheit; He will find tliat the Canadas have a more fertile soil, and a greater extent of sea-coast than the Baltic ; that as we advance from Lower to Upper Canada, the soil and climate perceptibly improve ; but this improvement fortunately stops at the boundary- line ; and if we advance a little farther in the same direc- tion into the United States, nature kindly reverses the course of things, and heaven frowns upon democrats and levellers, in a sterile soil and pestilential atmosphere. Hi- therto it has been supposed, that Canada had its share of marsh fevers, because it has its share of the hot summers and stagnant waters that produce them ; but this, our author says, is a mistake, and these causes of disease operate only in the United States, and suspend their in- iluence in favour of the loyal Canadians. So perversely ig- norant, however, are emigrants, that they encounter all these evils, and pay a high price for worse lands in the United States, than they could get in Canada for nothing. It had been often stated, that a poor man might better his circumstiinces by going to this colony ; but it was reserved for Mr. Strachan to discover, that there is no place in the world equal to Canada for men of large capitals: and among other advantages, by which he allures them to leave Britain, he says, they will be able to educate their chil- dren : though he did not find the colony in a state of insur- rection, as he expected, he found it had been disturbed by democrats and levellei*S ; and there, as at home, the CCIV GENERAL INTRODUCTION f* > jM'iacipal members of oppositiou were unworthy in private life. But we have said more than enough of so poor a pub- lication, whose absurdities will be a suflicient correction to its errors. The reader must not forget, that the book here spoken of, was “ written hy Dr. Strachan, and sent home, recommended for publication by Sir Pere- grine Maitland and the Attorney General.^' This makes it of consequence : this stamps it as a docu- merit — an expos6 of church and state; and because of this, I have considered it worthy of notice. After perusing the twelve pages of scandal, in- tended to injure me, 1 had the curiosity to read over these pages a second time, to note with ray pencil the falsehoods, untruths, and misrepresent- ations, therein contained: and how many does the record make of them ? “ Thirty-two falsehoods, thirty-eight untrtcths, besides misrepresentations throughout.'* So much, at present, for the work of the Honourable, and Reverend, and Doctor Strachan*. * Although twelve pages pf the Visit to Upper Canada are devoted to Q\\\ise of me, I am not the sole object of its. scandal. “ A Montreal auctioneer” is attacked in the management of his private affairs ; a man who had sinned publicly, by manly con- duct in the Lower Canada Parliament. He is known to me dhly by some of his speeches, published in newspapers, w'hich ap- peared very good indeed. Then, again, the feelings of the family of Capt. Brant, the celebrated Indian Chief, are wantonly and cruelly injured. Capt. Brant is spoken of as a “ miserable man,” of “ savage ferocity,” — “ puffed up with his own im- portance,” as having “ frequently discovered a-want of gratitude to the British governmeut,” and so forth. 1 never heard Capt. > GKNERAt. tXTROD UCTIOX. CCV The first parliament of the new reign being now met, I was anxious to get to London to pre- Brant spoken of in Upper Canada but in terms of respect; and on visiting his son and daughter, resident at Wellington Square, in the district of Gore, had the satisfaction of finding them in man- ners, conversation, and conduct, equal to the best bred people of our own nation, I record the fact with peculiar pleasure, as a proof that North American Indians require only education and good habits, to elevate them from the savage state; and Hiat there is nothing in the breed (though we inay be partial to our own) to prevent their being civilized. In the sequel it wilj be found, that I distinguish these people by different appellations. Some distinction was necessary. Those residing within surveyed bounds I call Indians; those still ranging the wilderness, savages. I do not wish the word savage^ however, to be taken* in the bad sense* The poet, who says “ When wild in woods the noble savage ran,” did any thing but mean, that this being was brutal, cruel, and remorseless; and, nn fact, the North Americaii aborigines were noted as being brave and generous. I deprecate every attempt to alter the condition of the Indian, as long as he is a hwiter. In that state he should be left alone: in that statedie is happy and useful iq his vocation. The middle state — that of half-hqnter, half-cultivatdr, is the worst; and I have recommended that Go* vernment should instantly make an effort to advance' those Indians, who are surrourided by settlements of white peb^l^ by education and training to industry. The half^hunter, half-cultivator, fe nni- forinly lazy, ^nean, dirty, and altogether a worthless member of society^. But to return to Capt. Brant: it is worthy of record, that he was not even present at the destruction of Wyoming, aa fancied by^'Mr. Campbell, in his beautiful poem of Gertrude of Wyoming. Several respectable persons are still alive; in Upper Canada, who can testify as to this; and it would be well if Mr. Campbell, in bis next edition, would note this, to correct wrong impressions, which his pqetical licence, in speaking * of ^‘ the monster Brandt,” may create. The name is Jirant, not Brandt. ccvi GENERAL INTRODUCTION. sent to it a petition, with regard to the .state of Upper Canada ; and also to proceed with my pub- lication. I was unexpectedly detained in Scot- land a few weeks, owing to the death of a family connexion, and only got to town by the 6th June, as mentioned above, page xlix. On the 26th July this volume was put to press; and soon afterwards was advertised for publica- tion. I told the publishers that it would be ready for delivery in a few weeks ; but was little aware of the delay which might be occasioned by the preparation of plates. Three, then in the hands of the engravers were not readv till the 1st of Novein- her ; and three more, found necessary for illus- tration, were still unfinished the 2d of December. On that day I received a letter from my wife, in- forming me that she was taken ill ; and her con- cluding page too clearly indicated the progress of decay. For three days I remained in London powerless with solicitude : a letter from ray daugh- ter inspired hope and resolution: I departed for Edinburgh ; but arrived there only in time to bear the mortal part of my dearest friend to the grave. Ever since my horrible treatment at Niagara, I have been the victim of nervous malady. I had so far conquered this before coming to London, by extraordinary eflforts; but my great and unex- pected affliction now thrust me down, and sub- jected me to the most deplorable weakness. During three months’ stay in Scotland I was wholly unable to go on with the work of publica- tion. I invited a gentleman, well qualified, to GENERAL INTRODUCTION. OCvli assist in finishing this first volume, then nearly completed, that part of the edition might be sent out forthwith to Canada; but after sitting with him for some hours, I found myself wholly unable to direct his endeavours. I could not then, in- deed, sum up four figures together. Trusting that change of scene might lighten my spirits and re- store to me some degree of energy, I sailed for London the 2d of March ; but, after a miserable voyage of twelve days, was landed still more re- duced in strength ; and every day became w'orse and worse. Afraid of sinking into absolute imbe- cility, I conferred with a friend as to some object which might rouse my dormant faculties, and dis- pel the cloud of surrounding gloom. He suggested that I should offer to accompany Sir R. Wilson to Naples, in the cause of independ- ence. I was a sincere friend to the cause ; but Sir R. Wilson had disgusted me with his book on Egypt ; and thence I had believed a story (which I now discredit), of his having played the eaves- dropper, by attending a conference between the Emperor Alexander and Buonaparte, disguised as a livery servant. What I said of him, under this belief, required explanation. I spoke of it to my friend, and it was resolved that I should communi- cate my intention, and explain afterwards. Upon this, I addressed two lines to Sir Robert the 24th March ; but in two days more it was an- nounced that the Neapolitan people had shrunk from their enterprise. They were, indeed, betray- i CCviii GENERATE INTRODUCTION. ed by their leaders. I was now again in the misery of indecision ; but determined to march into the west of England, and visit my old friends there. As no reply was received from Sir R. Wilson to my note of the 24th March, I asked my friend, on leaving town, to find him out (in which he was unsuccessful), and explain under what circum- stances I had taken the liberty of addressing him. The fact is, I had acted contrary to my own prin- ciples, and was somewhat ashamed of it. Though any thing is better than imbecility and sloth, mv ambition inclines least of all to that of a sol- dier; and giving in to l>e one, at a time of absolute feebleness, has led me to confirm the declaration of Gibbon, the historian, that “ the courage of a sol- dier is the cheapest commodity in nature.” I started off, westward, the .'iJd of April ; but on the second day’s march was knocked up ; and had to reach Devizes by coach. Here a worthy old friend readily accoifimodated me with a pony. I visited Bath, Warminster, Salisbury, and returned to Devizes ; shaking hahds, as I journeyed on, with dozens of mv brother farmers and other friends; •/ not forgetting the poor ones of Wily parish. Not only the people, but the very soil of Wiltshire, re- mains dear to my remembrancej^ — its bournes and its dow’ns. Seven years of ray life were spent in Wiltshire ;-^most interesting years of sunshine and cloud’. Wiltshire gave birth to five of my chi Idreu to one of them a grave, — -a grave over which the n'iggafd church refused to perform its 2 GENERAL INTRODUCTION. CCIX rites, — rites which 1 iiold at nought but for ap- pearances of decency ; and these are set aside where superstition has controul * ! ! Cheltenham waters restored me to healtli six years £^o. I rode to Cheltenham, and tried the wa- ters a second time.Svithout avail. I then returned to Devizes, delivered up the pony to my triend ; and marched to London, now somewhat strengthened in body, but still unfit for any continued mental effort : 1 had, in fact, lost the power of combining my thoughts, and had to rest under such grievous affliction. On the 7th of May an article appeared in the Morning Chronicle, seemingly prepared to draw attention to the true principle of reforming the poor-laws, for which Mr. Scarlett had given notice that he intended to bring a Bill into parliament. In this article authority was quoted from my little publication on the subject, The Tyranny of Poor-Laws, in opposition to the sentiments of Mr. Cobbett, and, on the 8th, Mr. Scarlett’s Poor Relief Bill was brought into the House. This could not fail to be highly interesting to me; and it proved electric ; it had considerable effect in rousing my still feeble mind to action. It was in- • I had a poor baby which died suddenly, during her third night, while unchristened; and, because of the ceremony being thus accidentally neglected, the parson had to obey the Rubnc, and deny his presence and prayers at the funeral. I would write black over such Rubric. o ccx GENKUAL INTRODfCTIOX. deed curious that my little tract, which, six years ^ before, had been presented to 700 Peers and Com- moners of Parliament, and obtained for me thanks only from two, should, at so eventful a moment, be thrust forward by an unknown hand to my aid. This little incident, together with a hope that a commission would, before the end of the session, arrive from Upper Canada, to call for inquiry into the state of the province, made me every day more and more anxious to recommence my work of pub- lishing the statistical account; and after the second notice of Mr. Scarlett’s Bill, on the 24th May, I at last resolved to be up and doing. I had doubted, from the begituiing, if one volume could contain the mat- ter prepared for it. My hope of gaining increased public attention, because of Mr. Scarlett’s motion, added to the expectation that a commission for in- quiry might immediately be expected home from Canada, gave me courage to put a second volume to press, and to lay the foundation for a complete deve- lopment ot colonial affairs. The parliamentary de- bate on the Constitution of Canada, in 179 1 , seemed peculiarly worthy of being brought into view, upon the occasion j and the printing pf it requiring no effort from me, I, thereby, made a beginning. Be- fore that and Rochefoucault’s account of Simcoe’s government were printed off, I became afraid of being unable to make necessary comments ; but was fortunate in getting a friend to carry me to Brightotij where, for a week, in the begiuningof July, being refreshed with air and exercise, I made out to write, as it is, the Review which follows these » GENERAL INTRODUCTION. CCXi transcripts, in Vol. II. and which, I trust, may assist my endeavours, however imperfect the per- formance, got up by feeble, feverish, and dis- tracted cogitations. During August and Sep- tember, my health was such, that I became wholly unfit for the work on hand, which was now inter- rupted for weeks together. Towards October I found it necessary, a third time, to fly from town for relief. I spent a week at Margate for the be- nefit of sea-bathing : made an excursion round the coast of Kent ; and but that I was now assailed in London and Edinburgh, with infernal torments in the courts of law, should have been vigorous. Thank God, I have, at this moment, been able to set at rest every care ; and, at this moment, am better in health than I have been since the day on which I was illegally arrested, and confined within Niagara jail. This narrative must not be taken amiss. It is necessary for ray protection against calumny to re- gister all my movements — where I have been, and how employed. You will remember that when in Upper Canada, 1 was accused, in consequence of an infamous slander, published by the London Courier, of having been engaged in the riotous meetings of England, and of being a promoter of insurrection : you will remember of a poor mad- man declaring before a public company, in Little York, that I and Hunt had been accessary to the death of Cashman ; and, very probably, you would learn from the Albany and New York newspapers, that, after leaving you, I visited Mr. Cobbett. o 9 CCXii GKNEUAT. IXTR-ODUCTION*. Perhaps stories are now circulated among you, that T was at the bottom of the Cato Street conspiracy : headed the rebels at Bony Muir ; or am now plotting insurrection with the radicals of London. My good friends, England does not contain a more resolutefbe to riot than myself; or a person so completely alone in political concerns. Betore I had connection with you, I had, in many publications at home, deprecated such meetings as those countenanced by Messrs. Cohbett and Hunt ; and there is not, of the thou- sands in this country who have been acquainted with me, a single one, who would not laugh at the very sound of my being a participator in confusion and murder. I frankly confessed to you in Canada, that I was acquainted with Messrs. Cobbett and Hunt: that in many things 1 admfred the former; and that I had seen the latter most shamefully mal- treated at a public meeting (at Devizes), only a few weeks before I left home for America. All this was quite true ; but my acquaintance was slight and accidental; and still I was opposed to their public measures for obtaining reform : indeed, at this day, I think they have greatly injured the cause. It w'as quite true, that I visited Mr. Cobbett at New' York. I went from Albany to New York, because of a report that my brother W’as there, and I remained there five days in search of him. During that time I read Cobbett’s Year’s Residence, in which Mr. Morris Birk- beck is so severely dealt with. Mr. Birkbeck was, for several years before he emigrated to Ame- rica, my most intimate friend: he was “ a friend indeed.” When misfortune came upon me in GKNKUAL INTRODUCTION. CCxiii Eilgland, and my all was in jeopardy, Mr. Birk- beck (who, by the by, is called by the villain Strachan, “ a bad man”) offered to carry me and my family to America: offered to give me a farm there: to stock it; and supply money, till I could find it convenient to repay him. Was this the act of “ a bad man ?” It was such an act as I shall feel grateful for while I have existence*. * Few men have been more scandalously misrepresented and abused than Mr. Birkbeck. When he crossed the Atlantic to America, he performed what he had contemplated for years; and what he conceived to be a duty to his family — his most amiable family. He was sanguine in his expectations, and he wrote as he felt. Ft was natural for him to wish many emigrants to follow him, altogether independent of pecuniary gain. The idea, that he was chiefly actuated by this, in giving favourable accounts of Illinois, is absurd. The very first flight of emigrants, who fol^ lowed him, could soon expose delusion, or state to others their disappointment; and nobody, who got there with money, could be under any necessity to purchase land from him, while millions of acres were for sale at the public land offices. Other people, who have gone to Illinois, besides Mr. Birkbeck, have been high- ly pleased with the choice they made ; although, for my own part, I should wish to settle further to the north. I have con- versed, since I came home, with an Englishman, who had settled in Illinois, and found him quite delighted with that country; and I have heard the same from the correspondence of others; besides having a series of letters, all in unvaried strain, from my friend. Mr. Birkbeck was bred a quaker ; but, by and by„ rose above the rigid discipline, which requires attention to non-essentials of religion, and left the Society; though certainly not its good moral habits. I never, indeed, knew a man more correct as to these,— rinore pure in conduct and conversation ; and of this, the Society, I believe, is sensible. One of the most rigid of the bio- ccxiv GENERAL INTRODUCTION. Although, by the failure of my father, I was de* prived of my stock in business, 1 had still annuities and provisions for my wife and children. I was not altogether deprived of the means of living. My wife was delicate: my children were young;, and upon the whole, it was advisable not to accept of the kind offer of my friend. When I read Mr. Cobbett’s attack upon Mr. Birkbeck, it was impos- sible for me not to feel pain ; and a passage con- cerning Ellenborougb and Gibbs filled me with horror. I called upon Mr. Cobbett, to remonstrate against such writings; but Mr. Cobbett, by this time, despised every thing which stood in the way of destroying the boroughmongeriug system of Eng- land. Emigration to America had, I conceive, appeared to him a lessening of that pressure w'hicb, at home, might tend to his favourite object; and therefore nothing which could check emigration seemed to him sin. On this subject there was no reasoning; and we talked of other matters. The ciETY OF Friends, speaking to me of Mr. Birkbeck, used these words, “ We are sorry for him, but love him still.” One bad habit Mr. Birkbeck got into, which was, using the word religion, when he spoke of and meant hypocri^; and m his Letters from Illinois, he has stirred up prejudices, owing to the too careless use of this word. In one of my letters to hint, I expressed my regret for this, and he thus wrote to me, in reply, under date the 11th March, 1819 : “ I have been ready to wish I had not written just as I did ; or, rather', that I had expressed my reverence (that reverence which I cherish in my heart), for Religion itself, when I spoke lightly of sham religion.” GENERAL, INTRODUCTION. CCXV Manchester massacre had recently been heard of. Nobody reprobates that transaction of our magis- tracy more than I. Mr. Cobbett felt as I did: he extolled the bravery of his friend Hunt : he talked most warmly in favour of England and its comforts; the beauty of its bills and dales; the excellence of its people. I told him how I had been treated in Canada. He magnified to himself, a dozen times over, all that I said of provincial villany. He got into an agony of wrath against despotism ; and finally, though I had gone to rebuke, I shook hands with Mr. Cobbett at departure. He asked me to sail with him to England; and, but that I had made previous arrangements for coming home by Montreal and Quebec, I should certainly have availed myself of so good an opportunity of getting better acquainted with an extraordinary man — a man with whom I never in all things agreed, and to whose principles I would now, less than ever, subscribe; but whom I, as assuredly, “admire in many things*.” * The reader will excuse this digression about Mr. Cobbett, when I have stated, that, my frankly acknowledging that I knew him constituted the leading charge for which Mr. Wm. Dickson had me arrested, ordered out of the province, and committed to jail. His questions and my answers, when brought under arrest into his presence, were these : “ Do you know Mr. Cobbett?" — “Yes.” — “Do you know Mr. Hunt?” — “Yes.” — “ Were you at Spa Fields meeting?”— “ Yes.”— “ Were you ever in Ire- land?”— “ Yes.”— “ AVere you lately in the Lower Province? — “ Yes.”— “ Were you lately in the United Slates ? “ Yes. u C(’Xvi GKNKRAJL INTRODUCTION* * 1 never had a conversation in my life with Mr. Cobbett but one, before 1 saw him at New York. Was it you that wrote the article in the Spectator, headed, • Gagged, gagged, by jingo?’” — “ Oh, to be sure it was! “ Gentlemen,” said Dickson, looking very great, (“ his mighty peers were ranged around — ”) “ it is my opinion that Mr. Gour- lay is a man of desperate fortune, and would stick at nothing to raise insurrection in this province:” then, having got Mr. Tho- mas Clark, and Mr. William Claus, Legislative Councillors ; Mr. Alexander M‘Donell, brother-in-law to the late President Smith; and a Doctor Muirhead, to back him in his false, infamous, and most groundless opinion, he ordered me first into close confinement, in one of the cells of Niagara jail, and, after about an hour, had me brought back to receive his written order to depart the province. The affair began with the base report of the London Courier of the 8th July, 1818, that I had “ escaped after the disgraceful pro- ceedings of Spa Fields was marked, in its progress, by the mad- man’s declaration above spoken of; and this was the issue; a sor- rowful one, indeed, for me, as it, at last, turned out. That I was at Spa Fields meeting, the Courier could know from a pamphlet of mine, published in England, before I went out to Canada. Be- ing in London, waiting on law business, while the Spa Fields meetings were held, I attended, to mark the character of these meetings. In my pamphlet I pronounced upon this character, and stated my disapprobation of such meetings. This the villanous Courier totally reversed the meaning of, insinuating that I was an actor in and approver of such meetings, and said that I “ es^ caped! !!'^ Let the Courier know that it is notjfear that restrains me from burning his house about his ears. The mischief that that infernal tool of the Ministry has produced by lies and base insinuations is beyond all reckoning. It was, no doubt, the Cou- rier’s false report which worked up the frenzy of the poor mad- man at York ; and such was the silliness of many other people, that they also gave credit to it. To outstare the audacious false- hood, 1 published in the Niagara Spectator the fact that 1 had GENERAL INTRODUCTION. CCXVU 111 the years 181 4 and 1815, Cobbett’s Register, which 1 always read, and still read, seemed to be been at Spa Fields meeting — that I knew Mr. Cobbett, and “ ad- mired him in many things,” — that I also knew Mr. Hunt; and had seen him very ill used at a Wiltshire county meeting, a few weeks before I left England for Canada. Good God! for these frank acknowledgments was I cast into jail; detained there till both my body and mind were a wreck; cast out into a foreign land, 4000 miles from home; to come home, and find the sad consequences to be, that my whole affairs had got into confusion, from my detention in Canada, and that I was too late to have a parting conversation with my aged parent, which of all things I desired. I was a couple of days in Ireland, during the rebellion of 1798 . Mr. David Melville, now writer to the signet in Edinburgh, then a boy, was my companion. We were travelling together through Wigtonshire, when, urged by curiosity, I proposed crossing to Ireland, and we had passports from the commander of the forces to proceed to Blaris camp, and view the ground where a battle had just before been fought the battle of Antrim : so much for ray being in Ireland. After I was honourably acquitted a second time, on a trial in Upper Canada for false charges of sedition, I hurried off through Lower Canada to New York, to dispatch intelligence of my deliverance to my wife, and to make arrangements for a longer stay in Canada, having written polite and confiding letters to the Duke of Richmond and Sir Peregrine Maitland, thinking my- self sure of civil treatment from them on my return to Canada. I dispatched my business at New York, and forth- with returned to his majesty’s dominions ; but, instead of ci- vility from the Lieutenant Governor, I found myself and friends libelled in his opening speech to Parliament, and the Parliament ready to justify and support him in every act, however absurd. The Parliament did, indeed, pass a law to prevent, in all time coining, meetings by deputy ; and every weak creature of govern- ment was in arms against me. On first reading the Bill for the I u 0 CCXViii GENERAL INTRODUCTION. felling very low, and, indeed, had become unplea- sant from interferences with religious feeling. Re- ligious feeling, I conceive, should never be med- dled with. Religion is a matter between every individual and his God : a matter quite distinct from politics, and with which politics should never clash. Paine had just credit for writing his Rights of Man: he received just condemnation for his Age of Reason; wherein he makes mockery of what was sacred to the feelings of the million. The publications of Hone and Carlile are objectionable in the same way, and they are injurious to the great cause of reform. They dis- gust many of its well wishers : they involve weak men in vain disputatious: they generate rancorous feelings: they stir up animosities. They ought ne- vertheless to be left to free circulation. In the United States, where there is perfect freedom in this way, I never saw any thing like those rank publications, which it is the object of the despicable and suppression of meetings by deputy, I exclaimed, “ Gagged, gag- ged, by jingo,” and wrote down some doggrel, jingling to these words, to sustain good humour on so melancholy an occasion. A magistrate, to whom I read the doggrel lines, laughed heartily; and, as a French comic author (Moliere) used to let his wit go to the public, provided it made his old housekeeper smile on the first rehearsal, so in making some remarks on the gagging act of Upper Canada, I headed these remarks with my doggrel rhyme of gagged, by jingo;” vulgar enough, I acknowledge; but, really aud truly intended to keep the Canadians somewhat in humour with chains clenched by their own representatives in par- liament: so much for being in the “ Lower Province,” and ” the United States;” and so much for, « gagged, gagged, by jingo ! !” GENERAL INTRODUCTION. CCxix senseless Bridge Street Gang to hunt down. Left to themselves, they speedily disappear. Mr. Cobbett occasionally attended the Wiltshire county meetings. In 1815, I called upon him, in Salisbury, while attending one of these meetings, to remonstrate against the admission of articles in his Political Register, which were offensive to religious feeling; and, I hope, he felt the propriety of my remarks. Towards parting, I expiessed, vehemently, my abhorrence of the cruel treatment he had received (fine and imprisonment) because of a mere exclamation of feeling for British soldiers, lashed under the guard of German hirelings. Mr. Cobbett felt the sincerity of my declared abhorrence, and most warmly did he advance to shake me by the hand. It is well known, that men of the first rank once coveted the company of Mr. Cobbett ; and men of the first-rate respectability, intimately acquainted with him, have told me that they never knew a more pleasant man, nor a better father of a family. A strong sense of the corruption of go- vernment, great knowledge of the selfishness and sycophancy of mankind, and dear-bought expe- rience, from persecution, have tended, perhaps, to harden his feelings, to render him regardless of ordinary rules of conduct, and to make him vain of himself nor is his right to be vain small. He is a remarkable character; and his name will be as lasting as English history: if not as a great man, at least, as a curiosity. Since coming from America, I have never seen Mr. CobbetU On the 7th of October last, I passed ccxx u GENERAL INTRODUCTION. through Kensington, and having just before read Cobbett’s Cottage Economy, No. 3, in which he announced his intention to write upon the “ keeping of cows,” I called upon Mr. Cobbett to converse on this subject ; but, being unwell, he could not see me; and I left a note, saving that I should call again, which I shall do, to present to him my plan of cow-keeping, for comparison with his, which 1 have not yet seen. On my note, left at Mr. Cobbett’s, I wrote the word, private” this reason, that my merely calling on him, if publicly known before explanation was given, would tend to my hurt ; and ten days ago I had a striking proof of the need for such caution. A person wishing to have cause of quarrel, thus accosted me: “ You are a friend of Cobbett and Benbow : I was told about a week ago that you wore in the habit of frequenting Benbow’s shop, and sitting down there to read Cobbett’s writings.” Now it was a truth, that in the mouth of June, 1820, on coming up to London, I did call at Ben- bow’s shop, where Cobbett’s Register was sold, and asked for the file that I might glance over the heads of subjects treated of, to ascertain whether ^Ir. Cobbett had taken notice of my statement of the 3d of January, a copy of which had been de- livered to him,_ as well as to the editors of the Courier, Times, and Morning Chronicle, the files of all of which I examined with the same view. As to Benbow I should not know him if now be- fore me. The curious fact is, that I had been dogged by some busy-body or spy, and that this very vvor- GENERAL IXTUODUCTION. ccxvi thy character had, after sixteen months possession of his secret, taken advantage of it for a malicious purpose. He quite succeeded: the person to whom the information was conveyed, worked himself into a passion with the thought of my associating with Benbow ; and he may call upon the busy- body to assist him out of his passion before I take further trouble about the matter. About a month after I landed in England, from Quebec, a Glasgow ministerial newspaper, (the Herald) which was regularly received by my mo- ther at Craigrothie, contained an article copied from a New York paper, which had been copied from one of Albany, published by Messrs. Web- ster and Skinner, stating that I had called on Mr. Cobbett, and that I had found him so and so ; which was not correct. Having occasion last year to write to Messrs. Webster and Skinner, in Al- bany, I mentioned the circumstance; and, in a letter from these gentlemen, dated 3th February, 1821, they say, “ It never entered our thoughts that a little gossip article in the Albany Gazette, should have been seen across the water, or in the least affected our worthy friend Mr. G. now it did affect me. Messrs. W. and S. meant me no in- jury ; but, probably, the Glasgo v newsmonger did. Just about the same time, the Edinburgh Courant, which my mother also received regularly, gave publication to an article still more evidently in- tended to injure my reputation ; and you, Cana- dians, will be best able to judge of it. The Edin- burgh Courant stated, that by a letter from their u CCXXii GENERAL INTRODUCTION. private correspondent, they had learned that “ the radicals of Upper Canada had been all quiet since Gourlay had left that country.” Now, my Cana- dian friends, you will remember that when I left you, the term “ radical” was not even known in Canada as an appellative ; and till I landed at Liverpool from Quebec, I never knew of its being used to distinguish a political partisan. I am quite a radical: but I am one of my own sort; and up to this day, am not connected with a single individual in Great Britain in any political party. I am known both in England and Scotland, be- cause of my peculiar opinions, and these opinions are by many misunderstood. In the foregoing pages you have had an opportunity of observing some of them ; and you may there see that my efforts to maintain these opinions have been sin- gular — have been such as I am proud of. No in- dividual can produce more creditable testimonials of consistency and perseverance, in so good a cause, as that to which I have been devoted nearly for twenty-one years ; and if I live twenty-one years more, I shall not desert it. In the year 1808, I was first driven — most cruelly driven, to defend my principles in politics. I then declared in print that I “ would he happy to make it appear, that an individual may act independent of party* f and most assuredly up to this time I have stuck to my text. Since 1808 I have written and pub- • Letter to the Earl of Kellie, page 10. GENERAI. INTRODUCTION. CCXXiii lished more than a dozen of pamphlets ; and many dozens of newspaper articles, all dated and signed with my name, making together a complete and authentic history of my opinions and conduct since ; and on these I shall rejoice to be fairly tried, either east or west of the Atlantic. With regard to the radicals of Upper Canada being “ all quiet," it is with special satisfaction that I bid you call to mind, how very quiet and orderly I was, from first to last. You will remember that brutish magistrates, madmen, and creatures in the pay of government, endeavoured, by insult and otherwise, to lead me into brawls : you will remember that I was twice actually attacked by armed ruffians countenanced by magistrates; and while I had not the least means of defending myself : you will remember that I kept my temper in every case, and that at all your meetings I enjoined order and peace. And, a-propos of your convention; how did I behave there ? The young man who forgot himself on that occasion has repeatedly met me since then ; and the instant that it w'as told to me that he was sorry for wffiat had happened, and wished to be friendly with me ; — that moment I de- clared myself willing to take him by the hand ; and we did shake hands. The greatest enemy I ever had on earth, I would shake hands with and forgive in the same way ; even William Dickson, whose conduct to me was diabolical. I never yet met with a perfect man : I am any thing but per- fect myself ; and shall never be backward in making allowances for human frailty. As to the 3 CCXXiv GENERAL INTRODUCTION. young man alluded to, I never was so much a* angry with him. I believed that he was blinded and set on by the villains of Little York ^ and 1 was only vexed with the convention for suffering the annoyance. The very first day of meeting, the convention should have taken the young man to task, and the second, should have proceeded to the extremity. When they neglected this and suffered one annoyance to succeed another, where all should have been submission and solemnity, I gave up hope of my intended measures, and was glad to windup matters in the best way 1 could. I saw that your representatives in convention, though as good as the country could afford and perfectly loyal, were fit for nothing. I saw that 1 “ could not make a silk purse out of a sow’s ear.’’ But for being bound to appear at your assizes, under a penalty ot ^1,500, in case of absence, and but for clearing my honour from false and infamous charges, laid against me by that poor creature your Attorney General, I should. have turned my back on your convention the very second day of its sitting, and left it to get out of the mud of Little York by its own shifts. I, to the last, kept my humour among you ; never was severe from any low per- sonal feeling ; and, even when driven to defirium w'ith disgust and cruel treatment, laughed at the miserable scoundrels, who, alike ignorant of the laws of their country and hard-hearted, threw me into jail, ybr not having the province !! ! The influence which 1 gained in Upper Canada, by two months writing in your newspaper, is aho* GENERAL INTRODGGTJON. «GX»V gether unparallelled. The organization which ,1 formed was perfect. The meetings and conven- tion were not only legal, but praise-worthy.; apd when all is looked back upon some years hencfCi, the poor creatures who lent aid to your Governor to scandalize and suppress such meetings, will .be glad to crawl into the earth, out of the view 0|t contempt. Meetings by Deputy get quit of mob- bing. They characterize human from brute action. They are the genuine means, by which knowled|;c can l>e concentrated, union obtained, an^ peace established. They are the means which must naturally occur to every well-ordered mind. In the .wi.n.ter of 1814 — 15, 1 circulated a paper all over Great jBritain, to lead on the far^mers to choose Deputies, and hold conventions, in Jjondpn .an*^ Edinburgh, with a view of getting something abb-f stituted in the place of the Gorn Bill, then pro- posed, as a palliative against approaching distress. The (arm,^^ were heedless of my call ; but it is no small boast for me to have my paper still to pro- duce, as evidence of my good endeavours ^for iheir salvation. Had tliey met in Convention, I should have proposed to have petitioned Parliament for a law to make rents payable according to the tsverage price of wheat, to remove from industry the load of taxation, and fix it , on rents and interest, and, also, that an ad valorem duty should be imposed on imported corn, gradually to be withdrawn, to in- troduce, at last, free trade. This would have kept every thing in its proper place ; and for ruin, we should, iat .this moment, have had prosperity. This P u CCXXvi GENERAL INTRODUCTION. would have saved to the farming interest of Britain least one hundred millions of pounds sterling. The farmers were regardless, and they are ruined, or nearly so. With good conduct on the part of your Convention, I could have carried my points also for you ; and, at this moment, not only should your losses, sustained in war, have been reimbursed^, but * On the 26th of June, 1821, Mr. Ellice rose in the House of Commons, when I was present, and made certain statements, with regard to Canadian claims; but nothing decisive was done. Mr. Ellice said, that 2884 claims had been put in, amounting, in the aggregate, to £400,000, of which 600 had been rejected', whose amount was £171,000, and that there were allowed £229,000. In page 406 of vol. II. I have still set down Canadian claims at nearly £400,000, and protest against the above deduction. Mr. Ellice observed, that “supplies furnished to the troops, should be considered as a valid debt.” The Chancellor of the Exchequer said, “ that such claims as were authenticated, should be satisfied. Now, I wish to apprise Mr. Ellice, or any other Member of Par- liament, who may take part in the consideration of Canadian af- fairs, the ensuing Session, that, fundamentally, there was irr^ gularity in ascertaining the validity of claims for losses sustained by the people of Upper Canada during the war. If Mr. Ellice had a claim against Government, or any other party, he would not, I presume, relinquish that claim upon the ipse diadt of a person or persons appointed, without his consent, to examine into the vali- dity of his claim. He would have a right to appeal to an open court of justice ; and the validity of the Canadian claims should have been ascertained by jury trials, immediately after the war. i say this on behalf of the poor people of Canada, who have been gulled and trifled with now for six years. On the part of the peo- ple of England I say, that not one penny should be paid out of their taxes, to make good losses sustained by Canadians in war, while it i^ afacty that, with management, these losses can be paid out of the sale of wild lands in Upper Canada. Let Mr. Elhce, *»d others, mark this. GENERAL INTRODUCTION. CCXXvii Upper Canada might have been (as I said the9d of April, 1818, vol. II. page 587) '■'■the most flou- rishing and secure spot on the habitable globe." Below I shall copy in my scheme for organizing British farmers ; and you will find that it proceeds on the same? principle as that which I resorted to in Upper Canada, for your organization, which was at once legal and effectual, had it been duly fol- lowed up*. * INSTITUTION For the Benefit and Protection of the Farming Interest. Thb progress of society, and the peculiar emergency of the times, conspire to render proper and necessary, union and effort among the cultivators of Britain, for their important common interests. With this view it is proposed, that they arrange themselves throughout, with such order and regularity as may create respect, and secure permanent co-operation. It is proposed, that every market town, where ten individuals shall embody themselves and remain steadily to conform to the general arrangement, shall be considered a district, within which certain transactions may be matured, and others have commence- ment. It is proposed, that the following towns shall^ be the heads of respective provincial divisions, where representatives from districts, viz, one for every ten members, shall meet quarterly for dispatch of business: q furii Exeter, Gloucester, Newark on Trent, Kelso, Salisbui'y, Carnarvon, York, Dumfiies, GvUdford, Shrewsbury, Manchestei', Perth, Bury St, Edmunds, Northampton, Appleby, Renfrew, Inverness- ,, It is proposed, that these provincial meetings shall choose re presontatives, one for every ten of their numbers, to meet once a year at London and Edinburgh. Those from the first eleven, at P ^ u ccxxvni t3^E'NfiItAL INTRODUCTION. Canadians! the Christian religion enjoins ‘‘ cha- rity above all things;'’ and says, that “ with faith the former, and those from the six others, at the latter place,— -to communicate with each other when necessary ; and upon extra- ordinary occasions to coalesce, by means of cormnissi oners for- mally appointed and qualified. It is deemed needless to dilate on the vast consequence of such an association ; benevolence, patriotism, property, right, indepen- dence — all are in view. No class of men has been, or ever can be, more loyal or useful than the cultivators of this island. No class employs such a weight of capital, or such a multitude of productive labourers. No class of men can boast a higher character for integrity, or c]aim a stronger right to independence; yet no class enjoys so little political privilege, or has so weak a voice among the public interests of the empire. The causes are obvious ; — their scattered residence, and a re- liance on' great landlords. Systematic arrangement may overcome the first: experience should dissipate the second. The interest of the great landlord has ever been too remote for delicate feeling; hence he suffered the Work Horse Tax, the Sugar Distillation, and the Farmers’ Income Tax, of all impositions the most unfair and degrading. The great landlord, having his family portioned from the spoils of war and taxation, could sport with the immediate interests of his tenants, the fee of his estate, and the real welfare of the nation. 'Blessed, indeed, shall be oar pre- sent necessities, if they rout from its strong hold the last cohort of feudal power. Till cultivators have combined their genuine strength, it is re- commended not to commit themselves by signing petitions. In the present dilemma, which involves and threatens their dearest interests, and with these, the prosperity of Britain, the utmost caution is requisite. Partial efforts will produce nothing but discrepancy, weakness, and defeat. Wisdom must first gather from the multitude of counsellors, and then go forth in the strength of unity. GENKRAL INTRODUCTION. CCXxix we may remove mountains," I could have done all 1 promised among you, had your faith and charity been sufficient ; but there was lack of both : there was neither faith nor charity to be depended upon in Upper Canada. December Wth, 1821. Since the above was written and set in type, 1 have had the curiosity to purchase and peruse Corbett’s Cottage QEconomy, Nos. 4 and 5 ; and the subjects there spoken of are so inti- mately connected with what is my chief aim, that I cannot forbear enlarging on the character, con- duct, and sentiments of the writer. Although, It is proposed, that a meeting be held as soon as possible, at the Crown anb Anchor, Strand, London, to give the first form and impetus to this scheme ; to consist of those whose principal busi- ness is farming ; who do not occupy less than to the value of £lOO per annum; and who do not let off more than one-third in proportion to what they occupy. This limitation will ensure respectability and freedom. It will distinguish the Farming from the Landed Interest, The former will aim at immediate advantage; the latter can have no just ground of jealousy ; fpr every gain will be its inheritance, and the nation’s aggrandizement. Individuals desirous to promote this Association, may enter their names in a book, now lying at the bar of the above tavern, personally, or by means of their friends in town. And it is hoped, that a respectable number, sufficiently zealous to take the lead in trouble, will get together immediately, so as to fix and advertise the first day of General Meeting. RGFDWFOPF. f^Vhiohy being interpreted, means Robert Gourlapf Farmer, DepU ford, yVUts, fornierhj of Fraiis, Fifeshire, ccxxx 'J GENEnAI. INTRODUCTION. “ T admire Mr. Cobbett in many things,’’ 1, as assuredly, in many things condemn him. Many people dislike Mr. Cobbett, because of his coarse and cutting language, and because of his person- alities ; but in these respects, as long as he con- fines himself to public men and public affairs, he has acquittal from me. No language can be too severe, coarse, or even vulgar, which presents to us a true picture of vice: no language can excite too much disgust in our minds of wicked minis- ters: no language can be too cutting, when used against tyranny. Tyranny makes use of bayonets; why then should its enemies be restricted in the use of words? What words could sufficiently characterize the late transactions against the Queen? The dictionary does not afford any commen- surate with the deserts of the mean, filthy, persecuting, and remorseless conduct of ministers on that occasion. In the former part of this Gene- ral Introduction, printed more than a year ago, I have given way to feelings excited by this horrible conduct, and you will find me throughout my work repeatedly giving vent to such feelings. What were they on the last occasion, when the poor per- secuted Queen, who arrived in London to claim a fair trial, the same day that I did, bent on a similar errand ! — what were my feelings, when this poor persecuted woman became heart-broken, and ex- pired, worn out with never-ending insult ! Good Heavens! and when wrath was not satisfied even then ; but would go on to insult her earthly re- mains; — when the supplications of the people of GENERAL INTRODUCTION. CtXXXi this proud metropolis, to have the funeral proceed by the best and nearest road, were disregarded, that the body might be dragged through narrow, dirty, and round-about ways!! It is peculiarly essential for you, Canadians, to reflect upon these things, and to mark the iniqui- ties of arbitrary power. It was the fell spirit of arbitrary power which for seven years of war denied to America the most palpable of rights — the right of the people to tax themselves : — it w’as this fell spirit which split off a noble limb from the British empire, while some of you, silly Canadians, lent aid to despotism ; and it is the same obstinate, un- blushing, and demoniac spirit which, till this day, holds Canada in a state of corruption, weakness, and woe. The conduct of the English ministry, towards the Queen, has placed in the strongest light the ruthless madness of men in power; and I trust it will in times to come steel us, in the formation of governments, against putting the slightest trust in any one. For long I was anxious to believe that one at least among our ministers would, in the end, give in to a charitable course. While it was possible, I hoped that Lord Liverpool would escape from among the band of assassins; but I was sadly mistaken. It fell to the lot of this very man to consummate iniquity — to evince the most hardened, most wanton, and most unchristian con- duct of all. No, my good Canadians, words cannot be too keen, or coarse, or vulgar, or vile, to mark the ac- tions of men holding arbitrary sway. And pity it u Qe?)txii GENEUAX INTKODLCTION. that impressionsTraade by them are but too yola- ;T ^yjCJJ^^bbett’s defence of the . Q,ueen was excellent. His expressions of disgust with her treatment^ his stj’ictures on the conduct of her advisers, and the speeches of her lawyers ; his contempt for the co- ronation scenes which succeeded j his singular mode of public mourning; and his minute descrip- tion of the last scene of all, the funeral procession to Hanover, are valuable records; and mark the man of keen feeling, just observation, lively de- scription, and strong reasoning powers; It is im- possible to deny all this to Cobbett: and our chief look-out should be to guard against him as a man of power; for power he has over a multitude in this country — a multitude too apt to be led astray; and which it is possible may yet have the guidance of our destinies. In this book I have used harsh words, and some* titnes contemptuous ones; but I have uniformly been ruled by principle in the choice of these. You would observe above, that I spoke of the men who could fabricate your sedition law, and en- slave you as a nation, by depriving you of the power of meeting by deputy, as brutes. You would observe that I guarded the second applica- tion of that word (page xvii), by saying that I re- peafed it, “with all due sense of delicacy and de- corum; I did so : I looked not to the men with .Mhchristian rancour; I looked to their deeds which it was duty strongly to pourtray, for the sake of good; and I had Scripture authority for my Ian- GENEKALi INTUODUCTIOX. CCXXxiii guage. Nebuchadnezzar, who spent his time in feasting, while the children of Israel, under his cruel bondage, dfopt their unavailing tears in Babel’s stream, was not only mentally a brute, but by the figurative language of the sacred historian, he is actually represented to us as one bodily, that a due sense of his wicked deeds may be more strongly impressed on our imagination and memory : and in the same way, Jesus Christ called Herod, the pro- vincial Governor, a Fox. You will remember when that poor weak man. Captain Stuart of Amherstburgh, attacked me in jail, for speaking of your Lieutenant-Governor as a “6a6e,” (meaning thereby an innocent w'eakling), how I referred to this Scripture authority; and my reasoning upon that occasion, may here be fitly extracted from the Niagara Spectator of July 8, 1819. “ When Mr. Stuart would blind us with making it ap- pear, that a provincial Governor has the special counte- nance of God, and would abash the freedom of speech to- wards him, he forgets what language was used by Jesus Christ towards Herod, a more powerful Governor than Sir Peregrine Maitland. When told to depart out of the country, lest Herod should kill him, “ Go yte,” said he, “ and tell that foX, behold, I cast but devils, and I do cures to-day, and to-morrow, and the third day I shall be perfected.” (Luke, Chap. 13.) In this speech Herod is likened to a brute, noted for being cruel, cutming, and thievish: — a brute, which prowls about, under the doud of night, to break into sheep-folds, and commit depredations on the property of man, even to his very threshold. How admirably does the similitude apply to the general disposi- tions and habits of provincial Governors, who, in all ages, have proved the most deceitful, cruel, and rapacious ty- u CCXXxiv GENERAL INTRODUCTION. rants ! This speech could not be the ebullition of passion; neither will Mr. Stuart dare to pronounce it as proceeding from “ the tongue of insolence.” It is a speech made and handed down to us for edification and example ; and when provincial Governors give way to wicked imaginations ; when they cunningly darken counsel, and bind on more firm the mask of iniquity ; — when they threaten the inno- cent, and abuse discretion ; such example should be fol- lowed as a Christian duty, and nothing should daunt us in the performance : neither imprisonment, nor death.” Not only the bitterest words, but the most di- rect and pointed personalities, are justifiable in the exposure of public crime. I once said, that “re- form should be the people’s watch-word, and per- sonality, their creed and I was perfectly correct. Meddling with the private affairs of our fellow- men, and wantonly injuring feeling, is detestable: pointing to public delinquency, and exposing its aiders and abettors, is quite the reverse, — is the most sacred duty ; and while we only do this, and adhere to good principle, we shall never be weighed and found wanting. Mr. Cobbett, I conceive, has sinned in both these respects. In his attack upon my friend, Mr. Birkbeck, he departs from matters of public interest, and throws out insinuations on a subject, with which the public had no con- cern ; nay, while he could not give proof that his insinuations rested on truth, he resorted to italics to inflame scandal. Can Mr. Cobbett answer this? — I call him to answer it in behalf of my friend, 5000 miles removed. Some one, last summer, sent to the Morning Chronicle, an extract from a letter of Mr. Birkbeck, saying “ that Mr. Cobbett is GEUEKAL INTRODUCTION. CCXXXV knorvii to be wholly indifferent to truth.’' Mr. Cob- bett was offended with this, and in his Register of July 7, 1B21, addressed a letter to Mr. Birkbeck, and asked, “ by what rule known among men, are you justified in imputing to me an attack upon you ? What do you call an attack ?” I answer for my friend, if ever there was an attack, Mr. Cob- bett’s letters to Mr. Birkbeck, dated the 10th and 15th of December, 1818, are of that character; and Mr. Cobbett himself will not say, that if such letters had been' addressed to him in Mr. Birk- beck’s situation, he would not have felt sore. No man could be addressed “ Dear Sir,” and “ My Dear Sir,” as Mr. Birkbeck is addressed in these letters, and not feel that insult was added to in- jury. It is of no use to dwell upon contradictory as- sertions, as to the produce and profit of land, build- ing expences, and the like, while a distance of 5000 miles lies between the disp;Utants, and years must be wasted to come at precise facts ; but I would throw down Mr. Cobbett’s letters to Mr. Birkbeck, before any dozen honest men, and call - upon them to say, if, upon the face of these, there is not proof of their being unfriendly and unfair, while, for myself, I would maintain that they were scandalous. I say this, writing within six miles of Mr. Cobbett, from calm conviction ; and I say it in behalf of my much injured friend. Mr. Cobbett has been often accused of inconsistency, and never did he afford better proof of it, than in his letters to Mr. Birkbeck. These letters not only con- tain contradictions, but clearly show that Lord Londonderry gave his thanks to the honourable and learned gentleman, for bringing the subject before Parliament; and hoped that, because he (Lord L.) now ab- stained from giving a decided opinion, it would not be thought that he wanted zeal on the subject. The House would be better able to form a judgment, when the mea- sures were before them in the shape of a Bill, which, he hoped, tlie honourable and learned gentleman would bring in. Sir R. Wilson said, that though he must acknowledge the good intention of his honourable and learned friend, he most deprecate any proposition to take from the unem- ployed industrious poor a subsistence, to which they had just the same right as every gentleman had to his estate. If they wished to reduce pauj^erism, they should reduce taxation. Mr. Calcraft thanked his honourable and learned friend for having brought the subject forward, though he did not agree with his views in all respects. The first proposition of his honourable and learned friend was to fix a maximum of rates. This had been tried in local bills, and failed, &c. &c. Mr. Bourne congratulated the House, that the subject had been taken up by hands so able as tliose of the honour- able and learned gentleman. As to the proposition of a mum, h had been tried in the Isle of Wight; yet they had u CClri GENERAL INTRODUCTION, been obliged to apply to Parliament, to remove or alter the liiaocimumj &c. &c. Mr. MoncJc said, the poor-laws, if they went on as they had of late, would, in fact, establish an agrarian or Spen- cean system, making the landholders merely nominal pro- prietors; but, previous to any restriction on the right of demanding relief, the taxes which pressed upon the poor, as the malt and salt taxes, should be repealed, as well as the corn law, &c. &c, Mr. Mansfield disapproved (as we understood him) the proposal for a maximum. Mr. Phillips observed that, although there were some parts of his learned friend’s bill to which he should object, if taken separately, yet to the whole united, he had no ob- jection whatever. On the contrary, he augured great good from its adoption, and thought it right to take this occasion of bearing testimony to the salutary effects of the Act passed upon the proposition of the Right Honourable Member for Christchurch, some years ago, especially in those districts of Lancashire, with which he was more im- mediately acquainted. Mr. Ricardo expressed his surprise that any apprehen- sion should be entertained of the tendency of his learned friend’s bill, to create any embarrassment in the law of set- tlement, as the great object of that bill was to remove all difficulty and litigation with respect to this law. It bad been observed that labour, instead of being paid in wages by employers, had been paid out of the poor’s-rates ; and if so, why then should not the amount of such payment be de- ducted in fairness from those rates ? This was one of the objects of his learned friend’s bill, because that bill pro- posed to have the labour paid in just wages by his employ- er, instead of having him transferred to the poor’s-rate. The effect, indeed, ot his learned friend’s measure would be to regulate the price of labour by the demand, and that was the end peculiarly desired. With respect to the pressure GENERAL INTRODUCTION. Cclvil of the taxes and the national debt upon the poor, that pres- sure could not be disputed, especially as it took away from the rich the means of employing the poor ; but he had no doubt that if the supply of labour were reduced below the demand, which was the purpose of his learned friend’s measure, the public debt and taxes would bear exclusively upon the rich, and the poor would be most materially bene- fited. Mr, M. A. Taylor highly eulogized the principle and tendency of his learned friend’s proposition, which he had no doubt would be productive of great good. Leave was given to bring in the bill, which Mr. S. ac- cordingly brought in. Read a first time, and ordered to be read a second time on the 24th, and to be printed. May 24. Mr. Birch presented a petition from the churchwardens and inhabitants of the parish of St. Mary’s, Birmingham, against the Poor-Relief Bill. On the petition being brought up, Mr. Scarlett (in reply to a question of Mr. Bernal) said he had no hesitation in stating, that if he found the general disposition of Parliament in his favour, he would press the enactment of the bill. At the same time, he had no inten- tion of hurrying it through the House. He confessed that the approval of the measure was much more general than he at first had reason to expect. Perhaps it would he sa- tisfactory to those honourable members who concurred with • , * him on this measure to know that of the multitude of com- munications which he had received from different places, the greater mass of them were decidedly in its favour. (Hear! hear!) This undoubtedly encouraged him to pro- ceed : he would not, therefore, delay the bill, though he by no means meant to push it forward. He would take that opportunity of stating, for the information of many gentle- men then present, that as the second reading stood for that Cclviii GKNERAI. INTRODUCTION. night, he would, if the other brusiness allowed him to do so, bring on the discussion in a short time 5 if not, he would move, that the bill be read a second time pro forvia, post- poning the discussion to a future period. Mr. Jenkinson observed that the thanks of the House and the country were due to the honourable and learned Mem- ber (Mr. Scarlett) for having introduced this bill. The poor-rates had got to such a pitch at present, that it was impossible to go on much longer with tlie present system. The bill had his decided support, and he should be glad to contribute all in his power to support it. Mr. Calcraft said, that the honourable and learned Member (Mr. Scarlett) deceived himself, if he thought the bill met w ith general concurrence out of doors. It was expected, in several great towns with which he was acquainted, that the bill would not be pressed this session, and, therefore it was, that the inhabitants of those places did not express their sentiments with respect to the mea- sure. If his honourable and learned friend should press the bill, he (Mr. Calcraft) would certainly feel it his duty to state the objections, which appeared to him to be against it. He would suggest to his honourable friend to let the clauses of the bill be printed and circulated through die country. The country would then express their opi- nions, and his honourable and learned friend would have an opportunity of making those amendments, without which he did not think the measure could be carried. Mr. Lawley said, that in the^county (Warwick) which he represented, great disapprobation existed against several clauses of the bill. Mr. Lockhart said, that he wished to know whether it was the intention of the honourable Member to press the bill during the present session. He contended, that un- der die present system, the poor’s-rates could not be effec- lually corrected, Mr» Dm Broime said, drat the amount of the poorV-rates GENERAL INTRODUCTION. cclix was truly alarming. They amounted to a sum as great as was necessary for carrying on the purposes of the British Government on the accession of the late King, He feared, that unless something was done to stop the evii, that the entire property of the country would ultimately be taken out of the hands of tlie ancient proprietors. Mr. F, Palmer contended that in several inst^uaees the poor’s-rate, during the present year, had been lowered in some places four shillings, in other places five shillings in tlie pound When he had been lately in the country, he did not meet with a single person who was not dis- posed to support the principle of the bill, though they did not wish that it should be pressed during the present 'session. Mr. Scarlett said, that if the subject had not frequently been brought under the consideration of Parliament and the public, he would, no doubt, have been more ready to accede to tlie wish of some of his friends, to postpone tlie bill. But as the principle of the bill had frequently been discussed in that House, if he found the House disposed to accelerate the measure, he could see no rea- son for postponing it. With respect to the objections from great towns, he was prepared to hear objections, though he thought they were founded in error: it was, however, his intention to introduce a clause in the bill, for the purpose of providing a remedy against the pos- sible and prospective inconvenience apprehended by great towns. As to the counti y, and the agricultural classes, his object certainly was not so much to lower the rates as to improve the moral condition of the poor: that, above all others, was his great object. If the bill should * This ifi a delusion. Rates have fallen nominally, because the gallon Voaf has fallen;! but the evil has increased, and is in- areaaing. r 2 / J cclx GENERAL INTRODUCTION. be postponed to the next session, he had no doubt but that those who had an interest in keeping up existing abuses, would attempt to raise an opposition to the bill. He did not fear that opposition ; but he certainly did not wish to covet it. When it was considered that the sura of £500,000 a year, was, on account of the poor-rates, ex- pended in litigation alone, the House would not be at a loss to see, that a multitude of persons had a personal interest in opposing the bill. The petition was then brought up, and ordered to be printed, Mr. Scarlett rose to move the second reading of the Poor-Relief Bill. He said he did not intend to accom- pany the measure in that stage with any matter of detail; but he had, in presenting the bill in its simpler state, re- served to himself the opportunity of offering certain clauses, to obviate objections some Honourable Members entertained towards it, leaving it to the House to insert the clauses in the bill, or form them into a separate one. There were great evils and various calamities, attendant on the consideration of the poor-laws, and he found them to consist in three principles. The first was the compulsory and unlimited provision for tlie poor : the second, the dis- tributipu of that provision was not reserved as a reward for good conduct, and an alleviation of the miseries of sick- ness, old age, and infirmitj , but by administering to those who preferred to live by the charity^ of others, although capable of obtaining subsistence by their own exertions. The third, was the principal source of the evils of which he complained, and that was the restraint which now ex- isted on the free circulation of labour. (Hear !) The far- mer, finding that he was called on to pay heavy poor-rates, resorted to the practice of diminishing the wages of la- bour. They thought it best to pay only to men who had families which must receive a certain sum from the parish; and allowed them such wages as would barely allow them GENERAL INTRODUCTION. cclxi to exist. The farmer said, if the parish pay 5.9.^ and be could get his work done for 9s., why should he give more than 9s. ? The unmarried man was consequently reduced to this condition, that he must enter into competition with the other, and must go without employment unless he worked for the same wages. Thus the poor man who was working almost his blood out, had only before him the me- lancholy prospect of tenuinating his life in a workhouse— he had no refuge. How different was such a man, in point of moral existence and affinity to the state, from him who was enabled to make some acquisitions of property by his own labour, and to lay up for his old age an independent provision. In every point of view, moral, political, and religious, tlie man who hoped to lay by something from his own earnings, was more valuable to society, and to him- self, tliau he who was doomed to present labour, and pro- spective wretchedness, without any hope whatever, &c. &c. Sir R. Wilson said, he felt it an'anxious and painful duty to oppose his honourable and learned friend. He be- lieved that, like himself, he consulted the interests and rights of the poor; but though they both had a common object, they differed as to the means. He then said, that he could not agree to abrogate the statute of Queen Eli- zabeth. He considered that statute the Magna Charta of « the poor. (Hear! hear!) Justice Blackstone had declared that it was founded on the first principles of society. He deprecated strongly the notion of discountenancing mar- riages among the poor, as likely to be productive of vice and immorality ; and he declared, in conclusion, that he would not vote for the reduction of the funds for the poor, until every unnecessary charge in the public expenditure was removed. Mr. F. Lewis could not refrain from saying a few words on that part of the gallant GeneraFs speech, in which ho seemed to consider the Statute of 43d Elizabeth as the Magna Charta of the poor, and the palladium of their J cclxil C^KNKRAL INTRODUCTION. rights. That he utterly denied. He denied that the House ought to consider that or any other law on the subject, as one which they were not perfecly justified in amending, according to the demand of the time, or their altered view of the cfrcurastances of the case. — The basis of the con- stitution was the security which it gave to all persons, in the enjoyment of whatever property they had acquired, or honestly come by. It was utterly in vain to set up any other principle as one of right* If it could be shewn that the principle of the poor-laws was subversive of that by which property was protected, then it would be evident that such an antagonist principle ought not to be allowed to prevail. The meaning of the Statute 43d Elizabeth, was to inflict compulsory labour, by way of punishment, not to afford labour for the mere purpose of maintenance. It was any thing but in the nature of giving the poor personal property. Mr, Bennelt observed, that the greatest evil of the poor- laws was, that it rendered the poor man dependent on his superior, and made him an abject wretch, that had no object in acquiring property, or maintaining a character in society. But although that was a great evil, yet, by its removal, there would be danger of inflicting a still greater cruelty on the poor. There could be little doubt, that if the existing poor-laws were suddenly repealed, the effect would be general starvation, &c. &c. Mr, Courtenay thought it desirable, that the bill should go to a committee, and receive the modifications which the honourable and learned Gentleman proposed to intro- duce into it, with an understanding, that wheu it should come out of the committee, it should be discussed by the House, &c. Lord Milton entertained, to the bill generally, the most friendly feeling. The most important part of it*— that which went to repeal the law of ^setUement, had his warm- est support. At same time, he could by no means agree general introduction. cclxiii with the position of the Honourable Member, that tlie basis of the Constitution was the protection of the enjoy- ment of property. The basis of the Constitution was the protection of rights, and the rights of the poor ought to be protected as well as those of the rich, &c. The Marquis of Londonderry repeated his gratitude to the honourable and learned Gentleman, for having be- stowed so much of his time and attention, in bringing this important subject under the consideration of Parliament. Mr. Scarlett said, he should have no objection to go into the Committee insfanter; but as he was not prepared with all the clauses, he hoped the House would consent to read the bill a second time that night ; and to enter into the Committee on Monday. With respect to the influence of tlie present system upon marriages, he would mention the case of a young person under twenty, who paid for a licence to be married in one of the counties, and went the next day and demanded relief and residence from the ma- gistrate. The Bill was then read a second time, and ordered to be committed on Monday. May 28. Mr. Scarlett moved for tlie committal of the Poor- Relief Amendment Bill, with a view to propose the clauses which he had mentioned upon the last consideration of this measure. Mr. Mansfield expressed a hope that the learned Gentle- man would not press the adoption of this bill within tlie present session. The clauses proposed by Mr. Scarlett were adopted- June 6 . Mr. Seofiett presented petitions in favour of the Poor- Relief Amendment Bill, from the parishes of St. Pancras, Middlesex, and Northiam, in Sussex. ‘7 cclxiv GENKRAL. INTHODL CTIOX. The furtJier consideration of tlie Report of tlie Poor- ReliefAmendment Bill, was fixed for Thursday, 13th Jane. J line 7. Ml'. Curteis presented a Petition from the parish of Robertsbridge, Sussex, in favour of the Poor-Relief Amend- ment Bill. Mr. Hohhouse presented a Petition, from some indivi- duals in Liverpool, against the Poor-Relief Amendment Bill. The petitioners, he stated, objected to all the clauses, except that regulating the law of settlement.. Mr. Hobhouse said he feared he should be obliged to vote against the bill, his opposition to which, should rest on the ground that forms the present state of the laws against the poor, against emigration,^ against combination, and against begging : a compulsory provision for the poor was rendered necessary. Mr . Brougham concurred in opinion with the Honour- able Member for Westminster, to a certain extent, and he was willing to say, tliat if such a measure as the bill before the House, or any thing like it, was passed, a great alteration would be necessary in all the laws concerning the poor. The subject was attended with great, though not with insurmountable difficulty. The system could not begin and end with the bill introduced by his honourable and learned friend ; but there must be a corresponding change in all the laws affecting the poor. There was an- other difficulty with which the bill was attended, which was, that it would create two classes of poor; for, if the principle of Mr. Malthus was carried into effect, the chil- dren of marriages contracted at one time would be entitled to relief, while the children of marriages contracted at anotlier time would not be entitled to it. If the principle of the bill was admitted, it would be most tyrannical to retain the laws against emigration, combination, and beg- ging, T.he piesent sjstein of the poor-la w^s was especially GENERAL INTRODUCTION. Cclxv built on the prohibition to beg. He threw out these ob- servations, to show how many difficulties the subject was attended with. There ought, too, if the bill was passed, to be measures of precaution taken, to make the execution of the bill safe, as well for the police as the poor. It was needless for him further to enter into this topic ; but be particularly referred to the questions of emigration and colonization. On the latter subject, he referred to a pam- phlet of Mr. Herbert Saunders, which contained much valuable practical information on experiments that had been made in Holland and Ireland. Mr. S. Bourne concurred in the observations of the honourable and learned Gentleman. He deemed it a great oversight, that by a clause at the end of the Poor- Relief Bill, the vagrancy laws were left untouched. When the funds were limited, as they would be by the bill, it would be impossible to leave them subject to the unlimited demands of magistrates. Mr. Haj^bord observed, that the doctrine on which the alteration of the poor-laws was proposed, was chiefly that of Mr. Malthus, according to which, a certain quantity of vice and misery was necessary as a check upon population. This doctrine had been, in the opinion of many people well qualified to form an opinion on the subject, shaken by the elaborate work lately published by Mr. Godwin. Mr. Malthus’s theory was founded on the supposition of rapid ratio of increase of population, which Mr. Godwin had, in the opinion of many, disproved*. After a few words from Mr. Brougham, Mr. Majcivell observed, that in every part of Scotland, where machinery was introduced, a compulsory provision had been found necessary, and he believed such a provi- sion would be found necessary, till machinery was taxed * The tlahm^atc toork lately published by Mr. Godwin ! ? ! t Machinery taxed! ! ! Cclxvi OENERAIi INTRODUCTION The Petition was ordered to be printed. June 8 . Sir R. Wilson presented a petition from the freeholders and leypayers of the township of Hagget, (we believe) in Lancashire, against the Poor-Relief Bill. Sir R. Wilson strongly commended the language and arguments of the petition, which he recapitulated ; and concluded by observe ing, tliat as there waa so much alarm at over-population, he should recommend to the notice of members an elaborate treatise of a very learned, though he could not say, grave, divine, he meant the ** modest proposaf’ of Dean Swift. (Hear!) The petition was read. Mr^ Broughtmi said, he had hoped that Members would have abstained from the introduction of topics, which could do no possible good to the poor. (Hear !) The objections to the bill, contained in the petition, proceeded upon a mistake very fatal to a disputant, the total misapprehension of the argument to which they were opposed. No one had ever said, tliat the poor-laws operated as an incentive to mar- riages, but that they removed the check to improvident mar- riages, which would be otherwise supplied by the fear of abso- lute want. (Hear !) He thought it unwise too, for the sake of the poor themselves, to be continually holding out to them the doctrine, that they were mortgagees upon the land, nay preferable mortgagees ; for though, as the law stood, this was perhaps true, it necessarily had an operation injurious to the poor themselves. The operation of such a system, ft needed no speculatist, as Mr. Malthus was represented to be, though, on these objects, no one was more plain and practical (hear!) to shew. The doctrine of Mr. Malthus was, that nothing was more prejudicial to the community, and to the individuals themselves, than that persons, without knowledge how to maintain a family, should put themselves in a situation, in which they were sure to produce a fitmily* GENERAL INTRODUCTION. Cclxvii (Hear!) There was, surely, nothing abstruse or speculative in this ; when, out of such a fund as the poor’s-rates, they were sure of being supplied with support, without reference to the state of the country, to the times, and almost, he might say, according to the present administration of the poor-laws, without any reference to the disposition of the individual to work. (Hear ! hear !) The proper restraint on marriage was taken away, at the moment when it should operate. The poor were prevented from thinking twice, when they had to decide on the question, whether they should marry or not. It should be impressed upon them, that to put themselves in the situation to get a family, without the means of maintaining it, was as bad as to go into a shop and buy goods without having means of paying for them. (Hear ! hear !) Mr. Malthus had very properly said, that it should be impressed on the people, that to rush into marriage under sucli circumstances, was neither honest nor politic. Colonel Wood said, that the honourable and learned Members bill had not had fair play; for, though he (Col. Wood) agreed in what had fallen from the Honourable Gentleman who had spoken last (Mr. Brougham),he thought that the great good proposed by the bill of the Honourable Member for Peterborough, was to free the poor from the present degraded state of vassalage, in which they were kept by the settlement laws. Sir J. Graham stated, that he had received communi- cations from the country, which satisfied him that ninety -nine out of a hundred of the people were decidedly in favour of the bill referred to. Mr, Mamjield said, that from the communications made to him from that quarter of the country, with which he was connected, he could undertake to say ninety-nine out oi one hundred of the people were decidedly against this bill. (Hear! hear! hear!) Mr, Birch corroborated the statement of the last speaker. cclxviii GENERAI- INTRODUCTION. as to that part of the country which he had the honour to represent. Mr, Scarlett declared his unwillingness to enter into any premature discussion on this measure, &c. &c. The petition was ordered to lie on the table. Sir Robert Wilson deprecated any degree of haste in the progress of this measure, whatever might be, as he knew, the expeditionary powers of the House, for it was a mea- sure requiring the most deliberate consideration. As to the remark of his learned friend (Mr. Brougham), that no poor man should marry, unless he were able to support a family, he agreed in the principle of that remark ; but it was I to be considered, that a poor man might be able to support a family at the time he married, while in the very next year he might be deprived of that ability, through a new Corn Bill, or some furtlier taxation, enhancing the materials of subsistence. (Hear! hear! hear!) The gallant officer forcibly commented upon the exceptionable cha- racter of the bill in various points of view, and especially in compelling a poor man to travel about in search of em- ployment, while, if he failed in his search, he was liable to punishment under the Vagrant Act. Mr, Gurney thought it his particular duty to oppose this measure, and that the passing of it would be a flagrant act of insanity"*. Mr, Scarlett agreed, that if a measure were unfit for discussion, it was unfit to be brought forward. But he objected to unfounded observations or prejudiced state- ments. He would not have the principle or provisions of the bill misrepresented to the country. His gallant friend was quite in error with respect to the character of this measure ; but he would not condescend to correct that error further than to say, that the bill touched not at GENERAL INTRODUCTION. CClxix all on the Vagrant Act, in the manner which his learned friend appeared to think. He must add also, that before a gentleman undertook to animadvert upon any measure, he should endeavour to understand its principles. Mr, Monck expressed his disapprobation of this mea- sure, which be thought a mere temporizing expedient. If the Corn Bill were repealed, together with the duties upon beer, salt, malt, leather, and other articles in common use, the poor could afford to pay for their own support without resorting to the poor-rates, and the poor-laws would die almost of themselves. But while the poor were to be bur- dened and distressed as they were at present, he could not endure the idea of subjecting them to any harsh or re- strictive regulations. Mr. F. Palmer said, that when this measure should be brought into discussion, he would be prepared to shew that the agricultural labourers had never received sufficient wages to maintain themselves without resorting to the poor’s rates. Sir S. Seabright observed, that the poor’s-rate formed the cause of the low wages allowed to agricultural la- bourers. Lord Londonderry declared, that he could not see the necessity or the utility of prosecuting this discussion. The petition was ordered to be printed. June 13. A petition against the Poor Laws Amendment Bill, was presented from Stockport, which was ordered to lie on the table; as were petitions to the same eflect from Leeds, Huddersfield, and St. George the Martyr, Southwark. The last petition contained a statement, that persons being induced to come to that parish, as well as to other parishes in the vicinity of tlie metropolis, under the idea of getting employment with advanced wages, these parishes would be subjected to considerable incumbrances, should tlie pro- posed bill be allowed to pass into a law. CclX3i; GENERAL INTRODUCTION. This petitiou was ordered to be printed- itfr. Curteis presented a petition in favour of this bill, from the select vestry of the parish of Burwash, in Sussex. The petitioners, with whom the Honourable Member said that he fully concurred; further prayed that personal pro- perty might be subjected to the payment of poor’s-rates as well as property in land or houses. Ordered to be printed. June 20. Mr. Scarlett moved the further consideration of the Poor- Relief Bill. Mr. Calcraft thought it would be desirable that the de- bate on this important subject should not be gone into without a chance of concluding it. Mr. Scarlett did not wish to press on the debate against the pleasure of the House. Lord Londonderry said a few words in favour of tlie con- tinuance of the discussion. Mr. Calcraft saw the necessity of some measure for the amendment of the poor-laws ; but he did not therefore think himself bound to support one, which, he was convinced, would not be salutary and useful. He should attempt here- after to show, that the evils, and even the burdens of the poor-laws had been considerably exaggerated *; though he owned they were evils, and though he felt the weight of the burdens . as to the remedy now proposed, he was a friend to the principle of the poor-laws, which was that of unre- stricted compulsorj’ provision for the relief of the indigent. His learned friend would cut up this principle. He fixed a maximum^ which, under no circumstances, should h© exceeded. This, at least, was the original enactment of this Bill , he had now modified it by exceptions, which would entirely take away its effect. This would show the They never wer© exaggerated : they are incalculable. GDNERAL INTRODUCTION, Cclxxi House how cautiously they should proceed, when a gen- tleman of so much knowledge as his learned friend, after only a few days’ experience of a measure he had proposed, tliought it necessary entirely to chimge it, &c. &c.* Sir R, Wilson mowed that the House do now adjourn. Mr. !Nolan seconded the motion fdr acljournnient. Mr. Scarlett had no objection to the proposition of his honour- able and gallant triend, for it was his interest as well as his anxious wish, that the question should receive all pos- sible discussion. July 2. Mr. Scarlett rose, not, he said, at the close of the ses- sion, to press any discussion on the bill: indeed, from the outset, he did not express a hope that the bill would be carried through tlie House that session. He would not enter at present into any discussion whatever, but would reserve himself for a further opportunity to answer the ar- guments that had been urged against the bill. It would, in particular, be necessary for him to brush up his law, in order to meet the opposition of his honourable and gallant friend (Sir II. Wilson). Whether they would meet in private contest, or otherwise, he hoped his honourable and gallant friend would not prove more fortunate than he ought to be. He (Mr. Scarlett) was aware that much had been written in order to inflame the public mind on this subject: for himself, be would say, that his attention had been directed to the state of the poor-laws for the last thirty years, and he always was of opinion that they were aws most iiyurious to the community, and most oppres- sive to the poor. He thought they were laws which went to degrade the lower classes. He withdrew the bill for the present ; bat he proposed next session to renew the measure. He would not pledge himself to words, but in * Very just, indeed! J OClxxii GENRRAT. INTRODUCTION. principle it would be substantial!}^ the same. If he should meet the same sort of support which he had received, he would propose another bill for greater discrimination be- tween the moral claims of persons seeking for relief, and for the purpose of checking the expenditure, which was now a subject of general complaint. He should also pro- pose, that the fathers of families should be no longer bal- loted for the militia, but tliat single men should be com- pelled to seiwe. Sir R. Wilson said, that when the measure should be brought forward, he would oppose it every inch. In order to qualify himself to meet the threatened contest with his honourable and learned friend, he would sit down to study black letter during the summer. (A. laugh.) Mr. H. Gur?iey said, he hoped the honourable and learned gentleman would duly consider the state of the poor-laws before he attempted to interfere with them. He could not help thinking that the principle of the bill was absurd and injurious. The object of the bill was to pre- vent marriages : it went on the vicious }>rinciple laid down by Mr. Malthus — a principle which was against the laws of nature, and which, if acted on, would not leave an Eng- lishman to till the ground which maintained his forefathers*. He hoped that the House would not be insulted by any of Mr. Malthus’s friends attempting to force upon them tlie adoption of his system. A violent attempt to subvert the poor-laws, was more worthy of a raving madman than a legislator. Dr. Lushington said, that if he thought the bill went to interfere with the real comforts of the poor, he would not give it his support; but he looked upon the bill as a mea- sure likely to remove the causes of their degradation, and * HearMiear! again. How melancholy is it to think of a Member of Parliament speaking thus ! GENEUAT- INTROEUCTIOX. cclxxill to promote their real independence. The honourable Member liad said that the bill was a measure to prevent marriages : it was no such thing ; it was a bill to take away undue encouragement to improvident marriages. Mr. F. Fahner rose, when Mr. Scarlett said, that he had avoided all argument on the measure, and he thought it unfair, after he had waved his right, for honourable gentlemen to open a debate, and to misrepresent the principles and objects of the bdl. He might be assimilated to a madman, but the honour- able Gentleman himself was an abhorrer, and an abhorrer could not reason. Mr. Gurney assured the honourable and learned Gentle- man that he did not mean to betray, even in appearance, a want of courtesy to him. Mr. F. Palmer considered the poor-laws as the char- tered rights of the poor, and hoped the House would pause before it consented to touch them, and inquire sen- ously into the condition of the labouring classes. Here we have before us the collective wisdom of Parliament, upon the most important question whicli Parliament can discuss and decide; and this wisdom, now collected together, does not amount to much. The record, nevertheless, is valuable. It might furnish matter for a volume of reflection ; but in making remarks, I shall be brief, and my desire for brevity has already induced me to dis- pose of part of file wisdom by means of foot- notes. May 1 ask if any one of the above speakers ever served the office of overseer of the poor, or evei regularly attended vestry meetings for the justment of i)arish business? 1 suspect. s cclxxiv GENERAL INTRODUCTION. is a want of practical knowledge in this way. Most of them, no doubt, have sat on the bench, and attended circuit courts, so as to have abun- dant knowledge of poor-law litigation ; and of this Mr. Scarlett has produced an edifying estimate. He has, in this way, it would seem, studied the poor-laws for 30 years ; but a tenth part of that time, farming in Wiltshire (where the system is most complete, and the poor most enslaved), and being obliged to do parish duties, would have pro- bably given him still more valuable experience — much more insight into the nature of the system, and better lessons for improving or abolishing it. But let us adhere to what is before us ; and let me ask if there was ever any thing so monstrous of its kind'as Mr. Scarlett’s leading proposal to fix a maximum of rates. It is an insult to common sense, and all that concerns principle. Had Mr. Gurney alluded solely to this, there would have been no great impropriety in his language. It is more than monstrous ; it is indeed akin to raving madness, in as much as it was totally uncalled for. The Bill is termed the Poor-Relief Bill ; and if there is relief, it must flow out of the poor being freed from that necessity which creates enormous poor-rates. Nobody, I think, but a lawyer could have had the face to make such a proposal. When I spoke of the “ minimum of misery,^’ — the gallon loaf, and threepence a week ; — and wished Eng- lish labourers to look sharp, lest that should be frittered down, I little thought that the minimum might he sunk by means of a maximum : but we GENERAL INTRODUCTION. CclxXV iTiay now let the proposal drop, as it met instant and successive reprobation. Mr. Scarlett’s second proposal is rational enough, haling all consideration of the one thijig need- ful — the education of the poor, and an opportuniljf for their acquirintj properly and civil rights, Mr. Scarlett would take from the poor their premium for idleness, and give them nothing in return. The poor are now tpiit of all care : war or peace; — plenty or scarcity, are the same to them; and in this changeful world, it is no small blessing to be free from cares dependent upon these. The poor are now independent thus far; and the land is un- questionably mortgaged for their support — for the continuance of their blessings. I, of all men, reprobate the system : nobody has more steadily kept it in view as a national curse; but the landed interest is bound to pay its charges, and they should be glad indeed to get rid of the obligation on liberal terms. Mr. Scarlett would have the landed interest reap advantage gratis ; and this too is the wish of Mr. Malthus. No, say I : six millions a year, which you are bound to pay out for the support of idleness, may be purchased, out and out, for mere liberality ; and, without liberality, you shall not get clear. Two millions a year, the remaining part of the whole amount of poor-rates, might be made (piite sufficient, before the end of five years, to defray all costs in supporting the impotent and old, besides educating the children of the poor. He liberal, only, and this charm shall be wrought. s 9 cclxxvi GENERAL INTRODUCTION. My plan of furnishing land to the poor, either to the full extent with commons, or to half the extent with gardens only, would pay its way : it would cost nothing but the expenses of the act of parliament which gave it being, and authority to proceed. With this plan adopted, all minor mat- ters would be easily settled: the word maximum would then be forgotten, even as a reproach to Mr. Scarlett; and the mightiest evil which he complains of, the law of settlement, would, of itself, disappear. Mr. Brougham seems to eye Mr. Scarlett’s Bill with contempt; and any child is entitled to do so; but Mr. Brougham, I suspect, would blink the one thing needful: he does indeed raise a reek about matters of no importance comparatively. He speaks of the subject being “ attended with ffreat difficulty f and points to “ the laws against emigration, combination, and begging ;” but what would all these be, were the people edu- cated, and had they a chance of gaining property and civil rights ! Every difficulty would dis- appear before these benefits granted to the poor; and if these are not granted. Parliament may debate till doomsday without removing the great- est national evil, — the wretched system of Eng- lish poor-laws. Mr. Scarlett speaks of the “ intention” of the 43d of Elizabeth ; and Sir Robert Wilson calls that statute the Magna Charta of the poor ! ! The 43d of Elizabeth laid the foundation for all the present mischief, equally the curse of poor and GENERAL INTRODUCTION. cclxxvii rich. The 4d(l of Elizabeth was framed in an un- lucky hour, and from false notions of policy. After the suppression of ntonasteries, and the seizure of church property, which had for ages fed multitudes of poor, and was, indeed, by law, in great part expressly intended for that purpose, swarms of indigent and idle persons spread them- selves over the country, and induced legislators to provide for them by this statute. Great as the necessities of the poor were under circumstances, at that time, much better would it have been to have left nature to cure the evil. The act of Eli- zabeth provided work for the industrious, and pri- sons for the idle; but all should have been left to their shifts, save the old and impotent ; there is no cure so good as hunger for idleness. Similar causes, soon after, introduced poor-laws into Scotland. By an act of James VI. indigent children were bound to work for masters till past thirty years of age, and afterwards this law was ra- tified with additions by the Scotch Parliament in the reign of Charles II. empowering masters of manufactories, with the advice of magistrates, to seize vagabonds and idle poor persons, to employ them in their works, and exact of parishes sums of money to assist in their training and mainte- nance for three years, and after that to retain them seven years in service for meat and clothes. It was also enacted, by the Scotch Parliament, that overseers of the poor should be appointed by justices of the peace ; and that poor children, and vagabonds, and idlers, should be taken hold of, and I Q. Q. r u cclxxviii GENERAL INTIIODUC TIOX, instructed to fine and iniX wool, spin worsted, and knit stockings. In Scotland all this officious le- gislation did little harm, for education was intro- duced, and completely did away the necessity for its operation. In the year 1610, an Act of Council first established schools, and this was afterwards rati- fied and improved by the first Scotch Parliament of Charles I. It is truly worthy to mark this. The Scotch became enlightened, and got out of the bondage of their poor-laws. The English were kept in ignorance, and at last fell victims to un- thrifty benevolence and mistaken notions of policy. For any thing I can see in the debates before us, there seems a strange confusion of ideas with re- gard to the rights of the poor ; and I question if Sir Robert Wilson, who has set himself forward as the champion of these rights, has very clear no- tions of the prize for which he is to contend. His calling of the 43d of Elizabeth the Magna Charta of the poor, justifies suspicion. The effect of tax- ation too, is, I suspect, but indifferently under- stood by some of the orators, particularly as it af- fects the poor of England. Were taxation reduced to-morrow, I know of no change for the better that it would make in the condition of the poor labourers of England, subjected to slavery by the system of the poor-laws. That taxation is now out ot bounds, and that the evil is greatly aggravated by the wretched policy pursued by our present minis- ters, is too obvious. The distress of the labouring classes of Scotland is too good proof of that, though we had no other; but to the poor of England it GENERAL INTRODUCTION. Cclxxix makes no difference whatever. Mr. Cobbett, who launched forth into very free remarks on these de- bates on the poor-laws, and sees through the whole system as clear as any body, has continually bawled out against taxes and paper-money being the sole cause of misery. I entirely differ with him in this. I, am not only a friend to paper-money, as a refine- ment of commerce, and as it is the grand bond for confidence in adventure, — indeed, the only means, of extensive dealings among men ; but the holding it on at the present time, I do consider a matter of sacred importance to the interests of the poor of England, in procuring for them a gradual, genuine, and valuable deliverance from their present state of degradation. Mr. Cobbett somewhere asks, “ what rational man expects reform without a blowing-up of paper-money ? ” 1 am certain that Mr. Cobbett is not more keen for reform than myself. I have rationally weighed the question of paper-money, and these are my opinions. If the blowing-up of paper-money would blow up borough-mongering alone, much should 1 rejoice to see the explosion ; but if such blowing-up would set loose the poor of England from all restraint before their present habits were improved, and before the rancour which has been generated between them and their masters was allayed and forgotten, God pre- vent every thing like such blowing-up. It has for many years been my decided opinion, that a well-modified property-tax would at once secure to us all the advantage of paper-money, and rid us cclxxx GENERAL INTRODUCTION. of every disquietude as to its proving our ruin. Without recurrence to this, our risks are great indeed. Mr. Scarlett has declared it to be his wish “ to im- prove the moral condition of the poor.” This is the grand point for the poor and for the nation. He is to resume his endeavours next session; and'I have to hope that, by that time, he will give attention to .the means of attaining his object. His “attention,” he says, “ has been directed to the state of the poor- laws for the last thirty years, and he akvays was of opinion that they were laws most injurious to the community and most oppressive to the poor.” I have devoted unceasing attention to the poor-laws for twenty-one years. 1 have not only said, but done ; and I am as sure as that I am in existence, from much experience and practical knowledge, that if Mr. Scarlett does not greatly improve upon his principle of last session — greatly enlarge his views of the subject he has on hand, we can expect nothing but failure. With liberal and en- larged view's, and by attending to the one thing needful, he may immortalize his name. My hope of a Commission of Enquiry arriving from Upper Canada becoming less and less every day after the beginning of June; and anxious, as well to keep alive some notice to that subject, as to continue the train of my representations to Parlia- ment with regard to the poor-laws, I wrote out the following Petition, and had it presented to the Ifouse of Commons by Sir James Mackintosh the GKNEKAL INTUODUCTION. cclxxxi 27th June; {\nd as Sir Robert Wilson had spoken up for the rights of the poor, I sent him a copy, that he might understand my notions of what was required to establish their rights*. * 35, Abchurch Lancy 21st June, 1821. Sir, In March last, while expectation was high regarding Naples, I addressed to you a few lines + on the suggestion of a friend, and afterwards thinking that I had made too free, my friend sought you to give explanation, but you had changed your place of residence: f had gone to the country, and, before my return, the game was up. You have asserted, on the question of the poor-laws, that the poor have Hghts which others deny, and in the abstract there may be doubt. I handed to Sir James Mackintosh, t’other day, a Pe- tition, wherein I assert, that real and substantial rights have been taken from the poor, and that they ought to have compensation. As the subject is now in discussion, and as I observe you continue to keep it in lyiind, I take the liberty to accompany this with a copy of my Petition, which I hope Sir James Mackintosh will this day present. Should you honour it with perusal, I flatter myself you may find matter for serious and important consideration. 1 rust- ing that you will excuse this liberty. I have the honour to be, Your’s, &c. Sir Robert Wilson, f London, 24th March, 1821. ol Having heard that you are to proceed to Italy, in aid of Neapolitan independence, and having some inclination to go thither, on the same ernuul, X should be happy to have the honourof conversing with you on the subject. Should you admit of this, you will have the goodness to say, when and where 1 may sec you. I am, your’s, &c. ROBERT GOURLAY. 35, Abchurch Lane, Sir Robert Wilson, cclxxxii GENERAL INTRODUCTION. To the Honourable the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled. * THE PETITION OF ROBERT GOURLAY. SHEWETH, That your Petitioner had presented to your Honoura- ble House on the 11th day of J uly, 1820, a Petition pro forina, the object of which was to call attention to the state of Upper Canada, as it concerned emigration. That your Petitioner would again and seriously have moved in this business at an earlier period of the present session, but for an expectation that a Commission might come home from the Province to strengthen his suit. That this expectation having now vanished, your Peti- tioner begs leave to state to your Honourable House, more particularly what was his prime object in soliciting attention to the subject of emigration. That with this view your Petitioner has 'to say that for more than twenty years he has made the subject of the English poor-laws a peculiar study. That his attention was first riveted to this study, from being employed by the Board of Agriculture in the years 1800 and 1801, to make inquiry in certain parts of England, as to the condition of the labouring poor, and into a prac- tice which prevailed of giving them land for the keep of cows, by which they could live without parish aid. That the inquiries of your Petitioner completely esta- blished the fact in question, according to the shewing of the Board of Agriculture itself, published in 1816, under the title of ‘‘ Agricultural State of the King- dom.” That the object of the Honourable Board, in iiscertain- ing this fact, was to have introduced into a bill, for the GENERAL INTRODUCTION. cclxxxiii general enclosure of commons and waste lands, a clause, by which all poor people, who had rights of pasture, &c. upon such commons and wastes, should each have secured to him a portion of land, whereon he might keep a cow, and thereby be enabled to subsist without public relief. That this general Enclosure Bill was laid aside ; and that since then many hundreds of commons have been en- closed by local bills, without any attention to the claims of the poor; many thousands of whom have been unjustly deprived of their ancient rights of pasturage, &c. ; and that this, among other causes, has contributed to the pre- sent dependence of English labourers on parish aid. That your Petitioner, though he did not coincide in opinion with his employers, in 1800 and 1801, as to the particular mode of proceeding then proposed, for the bene- fit of labourers and the keeping down of poor-rates, was so much struck with the necessity of making great changes, to avert the evils springing out of the English system ot poor-laws, that he resolved to shape the course ot his life, so as to have opportunity fully to investigate the subject; and, in order to gain practical experience, did remove from Scotland, his native country, into England, chiefly with that view, and in the hope ot being able to devise some remedy for the greatest of national evils. Ihis he did in 1809, and for upwards of seven years devoted much attention to the subject. That after due consideration, your Petitioner became assured that the first essential for a radical reform of the poor-laws w^as the education of the rising generation. That however necessary this was, your Petitioner found that the system of the poor-laws had already completely formed a bar against tlie possibility of its being accom- plished without the special interference of the legislature. That your Petitioner, to gain attention to this subject, had a petition presented to the Honourable the House of Commons the 30th May, 1815. cclxxxiv GENERAL INTRODUCTION. That your Petitioner further discovered, tliat through the action of poor-laws, labourers had been deprived of all property in houses and land ; and being thereby render- ed incapable of locomotion, were completely subjected to the will and caprice of farmers, overseers, and others. That your Petitioner, in order to attract notice to this part of the business, and to other matters essential for the cure of the greatest of national maladies, had a Petition presented to the Honourable House of Commons the 28th February, 1817. That your Petitioner still saw, that though all his pro- posals were adopted, that something more might be required, safely and effectually to accomplish the grand object of abolishing the system of the poor-laws, and that an artifi- cial vent would be required for redundant population, during a series of years, while the process of reform was proceeding. That at this very time an unexpected and extraordinary change of fortune drove your Petitioner abroad to Upper Canada, to look out for a place of refuge for himself and family. That your Petitioner, being in Upper Canada, disco- vered that that country could afford the vent required for the redundant population of England, and upwards of three years ago he did send home a communication, to be laid before Lord Bathurst, intimating what he had then in contemplation. That a singularly unfortunate train of events detained your Petitioner in Upper Canada, involved him in political discussions, exposed him to the most groundless scandal, subjected him to the most cruel persecutions, finally ending in imprisonment and banishment from the province ; not only unmerited, but palpably illegal and unconstitutional. That your Petitioner, notwithstanding that his healtli has suffered beyond all hope of repair, from ungracious treatment abroad, and that his spirits have been sunk with GENERAL INTRODUCTION. cclxxxv the most mournful calamities at home, has devoted all the efforts of a weakened mind, up to the present time, to ad- vance the vast object at which he has been so long* aiming, and still aims. That your Petitioner has become more and more solici- tous for attention to his proposal and schemes for the reform of English poor-laws, and the giving vent to redun- dant population, since he has seen a bill introduced into your Honourable House, clearly drawn up without prac- tical knowledge of the system of the poor-laws, or a due consideration of circumstances. That your Petitioner has long considered the principle of population, as laid down by Mr. Malthus, and on which Mr. Scarlett’s Bill seems to be founded, to be sound in the abstract: that he has long wished to see all need for poor-laws done away; and believes it perfectly possible tliat they may be entirely done away, with advantage as well to the poor as to the rich. Yet, as circumstances stand, he is still more assured that substantial benefits must be granted to the poor; — that they must have oppor- tunity given them to acquire property and civil rights, be- fore their present rights of applying for public relief, are encroached upon, or taken away: — he is assured, that Mr. Scarlett’s Bill, as it now stands, would at once be ineflScient and dangerous in execution: that it would certainly, if made into law, engender discontent, and lead on to general insurrection. Your Petitioner most seriously entertaining this belief, filled with anxiety and alarm from the aspect of public affairs, and conscious that wise and liberal measures may not only retrieve the country from jeopardy, but lay a foundation for its glorious security, in the improved morals and better worldly circumstances of tlie lower orders of society, does humbly and earnestly entreat your Honour- able House to pause, and reflect well on the subject of the poor-laws. Your Petitioner is willing to be called to the bar of cclxxxvi GENERAL INTRODUCTION. your Honourable House, or before any Committee, to sub- stantiate what he has set forth, and to enter into anv required explanation of his pretensions, principles, and proposals. He would more particularly entreat, that the state of Upper Canada may be iinmediately taken into consider- ation, that preparations may, this year, be made to admit of a grand system of emigration being commenced by the following spring, in unison with a plan for reforming the poor-laws. And your Petitioner will ever pray, June 16, 1821. ROBERT GOURLAY. It will be observed, that I conclude my Petition with entreating, that preparations may ^ this year j he made to admit of a grand system of Emigration^ being commenced hy the following springs in unison with a plan for reforming the Poor-Laws.'^ In summer, 1820, when communicating with Sir James Mackintosh, as to the objects I had in view, for strengthening the connexion between this country and Upper Canada, I informed him of my wish to prove what might be done, by a practical experiment, in settlement. When I put this last Petition into his hands, I again called attention to this subject ; and, for some days, J am afraid, must have teased him with my written notes on the subject. ]\Iy anxiety to have the matter spoken of before the House, when Sir James presented the Petition, was excessive ; but not a word, I believe, was said. My anxiety could not rest; and, how- ever little chance there was for a liberal hearing, from the Colonial Department, I, at last, resolved to address myself to Lord Bathurst; and the following corresf^ondence ensued. GENERAL INTRODUCTION. cclxxxvii CORRESPONDENCE WITH THE COLONIAL DEPARTMENT. I^ndoTiy September Sd, 1821. My Lord, Having a purpose to collect together a number of people willing to emigrate to Canada, and to proceed to that colony for settlement, under the best cir- cumstances for the comfort of all, it becomes desirable to know, upon what terms government will giant land in aid of such purpose. It would therefore be obliging, were your Lordship to order information to be communicated to me on the subject. I have the honour to be. Your Lordship’s obedient servant, Robert Gourlay. Earl Batliurst. Letters find me, addressed to the care of 35^ Abchurch Lane. Downing Street j Colonial Department^ ^th September^ 1821. Sir, In reply to your letter, dated the third in- stant, I am directed by Lord Bathurst to acquaint you that his Majesty’s government no longer give encouragement to persons proceeding as settlers to his Majesty’s possessions in North America, beyond a grant of land which they will receive on applying to the governor of the province, propor- tioned to the means of cultivation, which they may possess, on their arrival in the colony. Passages are not granted by Government. I am. Sir, your most obedient servant, Henry Goulburn. Mr. Rol>ert Gourlay. 2 suance of your direction, by letter, dated 5th September, 1821, that ‘‘ his Majesty’s goveruinent no longer give encouragement to persons proceeding as settlers to his Majesty’s possessions in North America, beyond a grant of land, which they will receive on applying to the governor of the province, proportioned to the means of cultivation, which they may possess, oh their arrival in the colony.” The important point for persons intending to emigrate is, to be certain as to the quantity of land which they will receive for certain means; and that, before they leave home. Crossing the Atlantic is a serious matter, and disappointment, after having crossed it, is still more so. My brother went out to Upper Canada in 1817, applied regularly by petition for land: took the oath of allegiance, and paid fees ; but had nothing save insolence in return. He remained in the province eleven months, and then left it for want of employment and object. The terms upon which land is granted are changed from time to time, and the fees, which in 1816 were very trifling, are now raised, for large grants, to a serious sum, nearly equal to the price at which the best wild land in the United States can be purchased*. Were * The feesy originally, were dollars per each lot of 200 acres. In 1817, they were raised to 41y dollars ; and the highest grant, viz. of 1200 acres, cost a little more than ^052. In the Upper Canada Gazette of January 7th, 1819, the following official order was published. Executive Council Office^ York, 5th Jan. 1819. It is this day ordered by his Excellency the Lieutenant- Governor in Council, that, in consideration of the increased value GENERAL INTRODLCTION* Cclxxxix SiJltlers to sail uext spring in expectation that on their arrival in the colony, “ they would receive, on applying of land, {land had been falling in pricey for three years^ and continues to fall, up to the present time, 1821,) the fee on the patent on all orders for grants of land, pronounced after this date, shall be according to the following table. sterling* £ «• d. One hundred acres ....... 5 14 1 Two hundred acres 16 17 6 Three hundred acres 24 1 1 7 Four hundred acres 32 5 8 Five hundred acres . 39 19 9 Six hundred acres 47 13 10 Seven hundred acres . * 55 7 11 Eight hundred acres 63 2 0 Nine hundred acres 7016 1 One thousand acres 78102 Eleven hundred acres 86 4 3 Twelve hundred acres 93 18 4 J. SMALL, Clk, Ex, Coun. In the Upper Canada Gazette of Jan. 6, 1820, the following official order appeared : Executive Council Office, York, I4th Dec, 1819. Whereas it is desirable to alleviate the situation of the poorer classes of settlers, by an exemption from any charge on the patent-deed, and also to remove all obstacles from the more free accommodation of others, with larger grants than have been usually made, his Excellency the Lieutenant-Governor in Council has been pleased to order, that the first-mentioned class of settlers may receive a gratuitous grant of fifty acres, under exclusion, be it understood, from any further graut from the Crown, but with liberty to lease the reserves. t \ ccxc GENERAL INTRODUCTION. to tlie governor, a grant of land in proportion to tlit? means of cultivation upon the same rule that was fol- lowed tliis year, their expectations might be blasted l»y To meet the above gratuity and increased burdens, attending the purchase and distribution of lands, &c. it is ordered, that the scale of demands on the grant of one hundred acres, and upwards, shall be regulated according to the annexed table, to take effect from the 1st Jan. 1820. It is further ordered, that the restriction from sale for three years be abolished; and that deeds may issue, on proper certificates of the performance of settling duties being produced. The grantee will be required to clear one half of the road in front of each lot, and the depth of two and one half chains, from the road, the whole length of every lot, and erect a dwelling house. FPES. Upon all grants of land, issuing under orders in Council, bcarii^ date subsequent to 1st January, 1820, the following sums will be paid by the patentee: sterling. me imro, on receipt ot the fiat for the patent. GENERAL INTRODUCTION. CCXCI a change of rule. It may be, by next year, determined to grant no more land, or to grant it on such terms as to render it not worth the fees, or price put upon it. By correspondence with various parts of the country, I am assured that I could get a large body of people to go with me by next spring, and it is now time to be making arrangements for an undertaking so arduous and decisive of fate and fortune. Your Lordship, no doubt, has controul over all rules for granting land in Canada, and can therefore assure me upon the subject of my inquiries. May I therefore beg the favour that your Lordship will take matters into serious consideration, and in an- other communication give me those assurances which are requisite for my plans being carried into execution, with- out risk of such disappointment as I have above sup- posed possible. I have in view to settle towards the higher part of Lower Canada, and should wish a grant of land out of that still in possession of the Crown, which lies nearest to Montreal. It may be in your Lordship’s power to determine as to the location in this country, and the comfort which settlers would have, from such determina- tion, would be very great indeed. It would enable them to have preparations made on the granted land before they got out to take possession of it, very essential both for comfort and economy. I am, your Lordship’s obedient servant, Robert Gourlay. Earl Bathurst. Address as before mentioned. No Petition can be entertained, unless accompanied by a written character, or a satisfactory reason shewn for such not being produced. JOHN SMALL, Clk. £s, Coun. CCXcii GENERAL INTRODUCTION. Downing Street, September 15//«, 1821. Sir,, In reply to your letter of the 7th instant, addressed to Lord Bathurst, I ain directed by his Lord- ship to acquaint you, that it is impossible to give you any more definite answer than what you have already received, respecting grants of land to individuals proceeding to the North American Colonies, the local government being the only fit judges of the means which a party may possess for cultivating lands in the province, and of the extent which it may be proper to assign to them. I am. Sir, Your most obedient humble servant, Henry Goulburn. Mr. Robert Gourlay. Margate, 2d October, 1821. My Lord, Mr. Goulburn’s letter of 15th ultimo, in reply to mine of the 7th, addressed to your Lordship, reach- ed me in course; but ill health, which has induced me to come to this place for recovery, has caused me to delay again troubling your Lordship on the subject of emigration. I have, indeed, hesitated a little, whether I should continue this correspondence, being very unwilling to make unavail- ing trouble. On mature reflection, however, I feel that I should not be satisfied with myself, without more particu- larly communicating my views ; and your Lordship will, I trust, listen to explanation, whatever 1ie the result. Mr. Goulburn says, in his last letter to me, “ It is im- possible to give you any more definite answer, than what you have already received, respecting grants of land to in- dividuals, proceeding to North American colonies.”^ Now, what I wish to treat about, does not concern me as an in- dividual only. As an individual, I could readily procure, on going either to Canada, or to the United States of GKNEUAL IxVTKODUCTlON. CCXciii America, more land than I could myself cultivate. It is now four years since I first proposed to conduct to Canada a large party of settlers, and, indeed, to make a continued business of promoting emigration. I studied the subject in Canada, found that my scheme could be put in practice, at once to my own and the public benefit, and took every means to qualify myself for the undertaking. I sent home three letters, to be presented to your Lordship, all with one uniform and settled determination ; and, as I have more and more reflected on what I had, and still have in view, the more am I inclined to proceed. The letters alluded to, were dated 3d November, 1817; February 7tli, 1818; and 24th March, 1818; and, no doubt, were shown to your Lordship, through the medium of Sir Henry Torrens *. In these letters, I spoke of a contract, which I was desirous to make with Government, for the settlement of Canada with British subjects ; and it is this contract which I would still willingly engage with. Under this contract, I could pay to Government a considerable sum of money for the land, and greatly promote tlie comfort and prosperity of settlers. Although the value of land has, of late years, greatly fallen in America, I could afford to pay Govern- ment one dollar per acre ; say, for one million of acres to begin with, by three instalments, at the end of five, six, and seven years, and so on for an indefinite term, re- ceiving more and more land from Government, to settle as the process went on, and payments were made good. Could your Lordship come to a resolution to promote a liberal scheme of this sort, within the present month of October, I could go out to Canada, have arrangements made for settlement, and be back before April next, to conduct settlers to their destination. Nothing more would be required than your Lordship^s countenance, to enable every thing to be managed to the best advantage. This ♦ Sec these Letters, page 459, vol. II. I u rCXciv GENERAL INTRODUCTION, country could spare 50,000 people annually, to be thus conducted abroad; and I should have no difficulty to pro- cure 10,000 to go out in one body by April next. When your Lordship has entered into a thorough investigation of the subject, these numbers will not appear at all extra- vagant to reckon upon, nor will there seem any difficulty in managing the concern. The distress throughout the country, for want of work, is general; and, after the en- suing term of Michaelmas, will be greatly increased. No rise in the price of corn will enable farmers to employ la- bourers so liberally this winter ensuing as they did last winter, and curtailing employment in Government works, as is now done by throwing labourers idle one day out of six, will, I am afraid, greatly aggravate misfortune. Emi- gration to the fullest extent would not much abate this dis- tress, as it proceeds from extraordinary causes, which re- quire special remedies; but a timely disposition on the part of Government to promote any species or degree of relief, would assist in lessening discontent. My hope of establishing a liberal system of emigration, does not rest on the present emergency, nor any temporary distress. , Emi- gration could be carried to greatest extent, and with best effect, were the country flourishing. In the mean time, public calamity ought certainly to plead for its encourage- ment, and I hope your Lordship may still take serious tliought of the subject. Your Lordship most, no doubt, have the fullest information from every quarter, as to the state of the country, and can need none from me. Hav- ing viewed both England and Scotland, however, all over from north to south, and from east to west, with my own eyes, within the last two years, and, having from lime to time, information from intelligent correspondents in va- rious quarters, I cannot resist expressing anxiety and dread of consequences. On the subject of emigration, I shall here beg leave to transcribe part of a letter from one of my friends, dated 23d Augm, 1821. - You may get GENERAL INTRODUCTION. CCXCV as many people iis you please, to go from ■ — «■ with you to Canada. More than half of the farmers have been thrown out in the late bad times, and will not require much persuasion to emigrate. There is one family tliat I have spoke to, (I mean one of the sons) that will gladly go, and, as he was bred to the dairy system, he might make a figure in that capacity. He would soon get a dairy-woman with him for a wife. They rented a farm within a mile of ■ ■ at £517 of rent, on which tliey had thirty-eight as fine cows as were in the country. They failed, and were turned out with great severity. Their stock sold at less than half-price^ and the farm is now let at £200. They paid rent five years, (I set them the land myself) and lost at least £1000 by the con- cern : of this £500 by the harsh roup {sale by auction) of tlieir stock.” “ Every season great ship-loads of people emigrate from Greenock to Canada. There is a cargo of GOO or 800 mak- ing up just now by a Greenock vessel, but loading at Fort William. But from Greenock itself every ship carries out emigrants, chiefly country people from the counties of Benfrew and Ayr. Were I twenty years younger, I would go myself.” How noble and generous would it be, my Lord, to set about arranging plans, by which such poor distressed people as those above spoken of, could have something like certainty and comfort to look forward to in the colonics, whither they are desirous to proceed. Emigrants now go out to Canada, only upon a chance of getting land worth acceptance. A thousand doubts torment them : a thousand difficulties and disappointments wait upon their movements. From their native country, and the society of friends, tliey have to enter into gloomy solitude : they have to cut out the road before them into the wilderness : they have there to take np their abode, while yet unskilled in tlie art of settlement, and unprepared by experience, to guard against CCXCVi GENERAL INTRODUCTION. numerous and frightful accidents : they have often to strive, at once, against poverty and sickness. ISTot one in ten of those who go out to Canada, have, within themselves, the means of making comfortable commencement; and not the half of these can put even sufficient means to speedy and economical account, for want of plan and arrangement. Public arrangements for emigrants were miserable, when I was abroad. They are yet alto- gether defective, and every account sent home gives proof of consequent misery. All this can be prevented by your Lordship’s endeavours, if seriously and strenuously applied. It was reported to me, on coming home, that your liordship bad said, on hearing some representation which I had made, as to the distress of emigrants, that “I should take care of myself,” and, no doubt, it would be well, could I do so. Could I do this, and benefit tens of thousands of my fellow creatures, surely it would still be better. I have suffered more disappointment than, perhaps, any man alive, and hold no enviable situation at present; yet, my Lord, such is the consolation from good intention, that the balance of enjoyment may not, after all, be greatly against me. It is in your Lordship’s power to set on foot a scheme of benevolence, beyond any thing yet witnessed by the world : it is my delight to reflect even upon the possibility of such being realized. There is not a man who is desirous of quitting the country, that it is not politic for government to aid in his getting out of it ; at least if he is willing to settle in a British Colony. There he can be so placed as to reimburse every charge incuiTed by his removal trom home. It would be wrong in me to attempt going into any detail for your Lordship’s information, as to plans of settlement, on this occasion ; but, I shall, at all times, be ready to wait upon your Lordship witli every particular, if required. Last year the Chancellor of the Exchequer said, that » His Majesty’s Ministers were disposed to adopt every measure which could really GENERAL INTRODUCTION. CCXCvii contribute to the relief of tlie labouring classes,” and that “ Government were disposed to give every facility to any practical scheme, for mitigating the distresses of the labour- ing classes*.” Now, my Lord, I declare myself ready to lay before you a practical scheme for mitigating distress, by emigration, with reflection on the above quotation. 1 l our Lordship must be sensible, that more than the labouring classes want relief, “ more than half the farmers have been thrown out in the late bad times, and will not require much persuasion to emigrate.” These are the words of my friend, a man of the first-rate intelligence upon such a subject. These words should seriously be considered by your Lordship, and they may be submitted to the Chancellor of the Excheqtier, with my offer of a scheme for mitigating distress. His Majesty’s Ministers can determine imme- diately as to granting land in Canada ; and all that would be required at present, would be an assurance that, as many people as were willing, by April next, should be allowed to settle down so compactly together as best to promote the general good. A our Lordship must know, that one-seventh of all the wild land in Canada, when it comes to be surveyed for settlement, must be set aside, and appropriated for the maintenance of a protestant clergy ; and, this being settled by law, cannot be altered but by the interference of the Imperial Parliament : my plan could proceed without any alteration in this law; but were it shewn that it would be for general good that the law should be changed, this, I doubt not, could readily be accomplished during next session of Parliament, in time to let settlement in Canada proceed free of all obstruction. I have not supposed, that your Lordship is ignorant of my peculiar situation, connected wdtli Upper Canada. Did your Lord- Ship labour under any prejudice, or misapprehension as to this, it would still be wrong to allow any thing of tlie * See page iii. CCXCVlll GENERAL INTRODUCTION. kind to intercept schemes of public beneficence. If my schemes can be shewn to be angelic, your Lordship is welcome to believe me diabolical. My schemes can be executed very well, even without my personal engagement in the performance of them. I have spoken of going out to Canada forthwith, to prepare the way for emigrants ; but any other person might go in my place. I have spoken of it, rather to shew my zeal for public good, than with any pai'ticular relish for winter voyages ; and more than a year ago, I told Sir James Mackintosh, that I should submit to go out in chains, rather than that the cause of well- conducted emigration should fail. If a million of acres seem too many at once to contract for, or to talk about, a township of 64,000 acres would give room sufficient to make an experiment in. To arrange for the settlement of a single township, I should go out to Canada, if required by government, without a farthing of emolument, and merely upon payment of my expenses. The important point is to have matters determined on within the present mouth of October. I shall be again in town by the end of this week, and shall be happy to have a definite reply to my suggestions by Monday or Tuesday next, addressed tome as before. I am, your Lordship’s obedient servant, Earl Bathurst. ROBT. GOURLAY. Downing Street, Wilt Ocf. 1821. K, I am directed by Lord Batliurst to acknowledge tlic receipt of your letter ol the 2d instant, stating, in reply to my former communication, that it is not your object to settle individually in Canada, but that you are anxious to enter into some contract with Government, for conducting emigrants to that colony, on a very large scale; and to acquaint you, in reply, that from what is stated in your letter, Lord Bathurst cannot encourage any expectation of 1 GENERAL INTRODUCTION. CCXcix his giving his sanction to the measure which you have in contemplation. I am, Sir, Your most obedient servant, HENRY GOULBURN. Mr. Robt. Gourlay. Although the above correspondence has proved of no avail either to me or the public, it is never- theless valuable for record. It shews how com- pletely indifferent Lord Bathurst is to the duties of his office — how callous to distress at home — how regardless of the interests of Upper Canada. I asked him for no favour : 1 made a proposal advan- tageous for the public : I offered to effect what Ministers have pretended that they wished to be effected. While for many years, under his admi- nistration, the land of Upper Canada has been thrown away for nothing, and worse than nothing, to beget misery to the actual settler, and no good to the favoured drone — to reward sloth and iniquity, I offered him for it a dollar an acre, and this to be put into the British treasury ; nor should I require any thing but the patronage of Government to make good the contract proposed to any extent. I offered to contract, or merely to assist in doing good ; but the Minister disdains every proposal, lie will neither do nor let do. Like the dog in the manger, his sole object is to prevent enjoyment. What does such a man get enormous salaries for, out of the taxation of England? But every body knows ; and it were pity to lose time with useless inquiry. ccc GENliKAL INTRODUCTION. Since the end of the war. Ministers have prated over and over again about relieving distress, by promoting emigration. They have squandered considerable sums of public money, to make show of their good will to emigration ; but their words have been deceitful, and their schemes and efforts alike delusive — mere pretences of hypocrisy, in the garb of charity and benevolence. In April, 1820, » Lord Archibald Hamilton sug- gested emigration to our colonies in North America, as the most effectual means of mitigating distress,” (see page iii) and he had a private conference with Ministers on the subject. The result was, that money was privately allowed to assist emigration from the west of Scotland. Nothing like a plan was laid down for the economical application of this money : no clear idea was formed regarding the art of settlement in the wilderness, which is the grand desideratum, and which should be understood before a penny more of public money is wasted. It IS by my knowledge of that art, or shall I call it a science, after studying it in all its bearings, its practical process, and its results, for more than four years, that I could, with the mere patronage of Go- vernment, fulfil a contract like that above proposed ; and it is by that knowledge I speak with confi- ence. I suspected that the trifling suggestions of or Archibald Hamilton, privately listened to by Ministers, and carried into effect in an underhand and partial way, would come to nothing. I in- quired into its progress, and could hear no good of >t, either here or in Canada ; nay, in Canada, I Know that It was productive of misery; and now GENERAL INTRODUCTION. CCCl we sec the scheme is abandoned, from an article which has just appeared in most of the London newspapers, extracted from an Edinburgh paper: — ‘‘ EMIGRATION TO CANADA.” ‘‘ We learn, that notwithstanding the earnest and reiter- ated entreaties of the gentlemen of Renfrew and Lanark- shire, who promoted the recent emigration to Canada, that Government have decidedly refused giving future emigrants the pecuniary bounty of £10 to each, which has been en- joyed by those who went out during this and the preceding year. Grants of land will be given to settlers as before ; and they w ill be gratuitously furnished with husbandry im- plements, but nothing further.” Here we see the policy of Government up to the last moment of time, and two months after I offered to give my advice and assistance, by which any number of people might be settled in the North American colonies, not at a loss even of “ hus- bandry implements,^’ but to a very profit for the country ; not with misery ^ but comfort to the emigrants ; not on a small scale, which can effect no good, but on a large one, which would be every way advantageous to individuals and the nation* PUBLICATIONS ON CANADA. Since I first proposed in Canada to publish a Statistical Account of the Province, and had that proposal made known to Lord Bathurst, through direct communication, and to the British public, tlfrough newspapers here, no less than seven pro- ductions have issued from the press, regarding Up- per Canada, and chiefly with a view to promote cccu GENERAL INTRODUCTION. emigration thither. Not one of these has given any thing approaching to a true statement of what they affect to discuss; and upon the whole, they have done any thing but good to the province, or the nation at large. Several of these abound in such misrepresentations, as no child could fail to detect ; extolling the government of Canada, ut- tering execrations against that of the United States, and slandering all who have connexion with, or regard for, that country ! ! Nay, making a river the boundary between a healthy and pestilent at- mosphere— a rich and a sterile soil ! Had such stuff been published only by the Honourable, and Reverend, and Doctor Strachan, whose weakness IS so well exposed in the above extract from the Scotsman, it would have been less worthy of no- tice ; but we have a serifes of these trashy per- formances, obviously cherished with the counte- nance of governmait ; and for this reason it will be of consequence to glance at the whole of them in order of their dates. The first was the production of « Charles E. Grece, Member of the Montreal and Quebec Agricultural Societies, and Author of Essays on Husbandry, addressed to the Canadian Farmers.” This person seems to have come home from the vicinity of Montreal (where he appears to have a farm), a few months after the arrival of the Duke of Richmond in Canada as Governor-in-Chief ; and one might suspect that he had received a com- mission to eulogize a man who never, to my know- ledge, cither did good in the province, or knew GENERAL INTRODUCTION. CCciii how to do it. lie dedicates his book to the Go- vcrnor-in-Chief, with these, among other fulsome compliments : “ The justice and humanity of your administration, and the fostering care and zeal for the welfare of these provinces, which you have ever manifested since you were first appointed to the high office which you now hold, are the strongest characteristics of true greatness.” The “ triie (jreatness" had by this time shewn itself no where, that I ever heard of, but in the tennis-court, on the turf, or elsewhere. And “ the justice and huma- nity'' was then suffering me, a native-born British subject, to remain in prison, contrary to that con- stitution, which it was the special business of the Governor-in-Chief to have understood and main- tained: but, all this, a sycophant can pass over, and try to shut his eyes against, by such words as these, “ My confidence is increased by the per- suasion that your liberal and comprehensive mind will duly appreciate the motives that have led to its publication,” and “ indeed the chief honour to which he aspires, as the author of this work, is, that he may secure your Grace’s approbation, and have the privilege of subscribing himself. Your Grace’s most obedient. And most devoted humble Servant, Charles E. Grece. London, March 25 , 1819 .” The main part of Mr. 'Grece’s book, seems to have little else in view, but to scandalize Mr. Birk- beck and the Illinois territory; and I would almost ccciv GENERAL INTRODUCTION. suspect, was written for him in London. It greatly resembles the virulent stuff which ap{)eared in the Quarterly Review, intended at once to throw a damp on the spirit of emigration, and to scandalize Mr. Rirkbeck. Mr. Grece is ashamed of Mr. Cob- bett ; but cannot resist to borrow his darts for the destruction of my friend. Mr. Grece says, “ venemous reptiles are found in the States, though not in Canada ! ! ! — nor are the Canadians disturbed by that worst kind of venemous reptile, so com- mon in the States of the Union, a rancorous spirit of party. It is true, a feeble attempt has recently been made to introduce among us the spirit of reform, which is only another phrase for a spirit of anarchy and misery.’’ The chief part of the book being thus employed, an Appendix is added, to give it more the air of being a farmer’s book, made up of various disjoint- ed materials; among which Mr. Grece seems to pride himself for having, under the patronage of societies, attempted to grow hemp in Canada ! ! He says, “ unfortunately political events obstructed that effort.” Now, what obstructed that effort was simply this, that hemp can be raised in Russia at a fifth part of the expense that it can in Canada, from the difference in the price of labour: but I am impatient to have done with a stupid man. “ The Emigrant’s Guide to the British Set- tlements in Upper Canada,” followed the work of Mr. Grece. The editor (for this was a compilation) speaks of “ the excellent letter of Mr. Gourlay to the Gentlemen of Canada,” meaning my first ad- GENERAL INTRODUCTION. CCCV dress to the resident land-owners ; and then intro- duces it, shorn of its most excellent part, which affirms, that England alone could spare 50,000 people annually, while she would be refreshed and strengthened by the discharge, &c.*’ The com- piler leaves out this passage in the address, and fritters down my assertion in his title-page, where I am made to say, that “ England could spare 5000 people annually,'' and there, too, the com- piler thinks proper to quote from another author, and makes his sentiment appear to be mine; viz. that the only ties which ought to bind men to their country, are the benefits they receive from it, and this is the only genuine and rational patriotism." This book was printed for T. Keys, Coleman- street, Bank, (London), 1820, and edited by a farm- er, settled in the London District of Upper Canada, or his friend. After this Guide, came forth “The Emi- grant's Guide to Upper Canada, by C. Stuart, Captain of the Honourable East India Company's service, and one of his Majesty^s Jus- tices of the Peace for the Western District of Up- per Canada." The Captain is one of the evange- lical, and, many a time over has recourse to the words grace, mercy, and providence, to get him out of difficulties. He cannot decide whether Dur- ham or Canadian boats are best; but, “under mercy," determines that the one kind is as safe for the navigation of the St. Lawrence rapids as the other. The Captain inveighs heartily against clergy reserves, and is for “throwing open tosettle-* u CCCVi GENERAL INTRODUCTION. ment the deeded lands,” without having the slightest conception of what he would be at. The Captain says of these lands, that “ like rocks in the ocean they glare in the forest unproductive them- selves, and a beacon of evil to those who approach them.” As the Captain^s motto is “ deliberate, decide, and dare,'l perhaps by this time he has made an assault on “ the deeded lands,” and, in that case, we may expect to hear that his success has been somewhat similar to that of Don Quixote when he assailed the windmills. The poor Captain, in fact, does not know the drift of his own ravings. He wrote the first part of his book on the voyage home, and at landing, hearing for the first time of the term “ Radical,” gets into agony, and proceeds : “ Thus far had I written before I reached England. On my journey to the sea from the Upper Province. I heard, with alarm and afliiction, of the disorders at home, and my steps were hastened, and my heart throbbed for my country, and my ahn (little as it was) longed to be raised in defence of her august autliorities. But the term “ radical” had not yet reached my eai’, and a happy veil was spread over my eyes.” The Captain, still, in agony, goes through six pages, and by and by, doubting if the term “radi- cal” may not be a very good one, says, “ I hail the teimas a badge of the brightest honor, and blush only that I s^ little merit it.” This poor creature, after getting, as it was said, a slice of the “ deeded land,” on which his “ little arm” will never let in OrXKRAL INTRODUCTIOX. CCCTU a ray of light, was suffered to attack me when shut up ill Niagara jail, cut off from all communication with the press, by the most virulent articles in the newspapers; and this too, he did, after having corresponded with the Convention, and having re- ceived a letter of thanks from it, dictated by me. “ May Uie shame fa’ the gear and'the blatlirie o’ it.”* In the midst of his wildest ravings, the Captain never forgot to flatter the governor abroad ; and in his book speaks of the late Governpr-in-Chief being “of an enlarged and liberal mind, active, public spirited, and benevolent also, of the “ bene- ficent administration of the present Lieutenant- Governor, Sir Peregrine Maitland.” The work of the Hon. and Rev. and Doctor Strachaii made its appearance soon after the Emi- grant’s Guide, by C. Stuart, Captain, 3 fld Justice of the Peace; and the most important point is, that these three publications, Grace’s, Sfuart’s, and Strachan’s, which for spleen, capt, and silliness, have no match, were treated with seeming respect by the Quarterly Review of October, 1^20. The Reviewer is not pleased with Captain Stuart s ap- probation of the Yankee Methodists; but it is, nevertheless, a fact, that Yankees and Methoejists are the most exemplary and well behaved people in the province. One errand of the Captain to England was to collect money for religious pur- poses. I dare say he did not get much ; and I * Quototion from the Captain’s quotation. U 2 CCCVHl GENERAL INTRODUCTION. may take this opportunity of apprizing those who are inclined to forward religion in Canada, that the less money they give in a random way the better. The mere idea of advancing religion in this way, draws off attention from the grand causes which obstruct its advancement — the maladministration of public affairs, and the wretched state of pro- perty. If the money expended in Upper Canada by. the Society for propagating Christian Knowledge, the Bible Society, &c. w’as applied to procure in- quiry into the state of the provinces, they would soon be able to provide for themselves bibles and preachers. I am a sincere well wisher to religion ; and having seen into the deplorable condition of our North American colonies, in respect to it, would earnestly intreat the Quarterly Review, and every other into whose hand this work may come, to impress what I say on the public mind. The next publication after Strachan’s Visit to Upper Canada, was “A few plain Direc- tions to persons intending to proceed as Settlers to his Majesty’s Province of Upper Canada, by AN English Farmer.^’ This was better than the preceding, in as much as it was accompanied with a map of the settlements. It speaks, how- ever, of the “ blessings and privileges of the excellent constitution" of the Provinces, as giving advantage over the United States, and its “ Elysian prairies" for settlement — of the valuable work of Mr. C. Grece!! &c. : otherwise the directions are not amiss. “ Sketches of Upper Canada, by John 3 GENERAL INTRODUCTION. cccix Howison, Esq. were next offered to the public. You, Canadians, will remember that Doctor Howison, assuming the name of “ the Traveller," while he was advertising for employment among you as a practitioner of physic, assisted me for some time with his “ rebounds" in rousing your attention to the iniquities of the government, and the pollutions of Little York. You will remember that he was thought friendly to inquiry, and at- tended one of the first meetings; that he after- wards, when all was going on in the most orderly and peaceable manner, deserted the cause, and distracted attention from the one thing needful, by keeping up a silly correspondence with the major, who is now made sheriff of Niagara dis- trict, no doubt, as a reward for his zeal against the cause of inquiry. You will remember that Dr. Howison said that I had “ disgraced” myself, and that your chief failing was “ false pride.” Let us see what he says now, speaking of the farmers between Queenston and the head of Lake Ontario. " They are still the same untutored, incorrigible beings that they probably were, when, the ruflSan remnant of a disbanded regiment, or the outlawed refuse of some Eu- ropean nation, they sought refuge in the wilds of Upper Canada, aware that tliey would neither find means of sub- sistence, nor be countenanced in any civilized country. Their original depravity has been confirmed and increased by the circumstances in which they are now placed.” After hearing that Dr. Howison had come home, and was to publish Sketches of Upper Canada, I sent him my compliments, through a merchant of CCCX GENERAL INTRODUCTION. Niagara district, now here on business, wishing to forget the disappointments which he had pro- duced in Canada; but since the Sketches have appeared, I am glad that my compliments were not delivered. The above quotation is too bad. It is not true : it is not fair : it is not discreet. The first settlers of Upper Canada, in my own opinion, were wrong-headed men as to politics; but they were far from being bad-hearted men, and any thing but “ the ruffian remnant of a disbanded regiment.” Thev were soldiers who had done their duty: who had regarded with reverence their oath of allegiance: who had risked their lives a hundred times over in support of their principles: who had sacrificed all which the world in general holds dear, to maintain their loyalty and honour. They were any thing but “ the outlawed refuse of some European nation :” they adhered to the laws of Britain ; and for the laws of Britain they bled. I’hey did not “ seek refuge in the wilds of Upper Canada, aware that they would neither find means of subsistence, nor be countenanced in any civilized country.” It is a libel on the British government to say that they sought refuge ; and a libel on common sense to say that men,, who re- solved to earn their bread by labour, under the w’orst circumstances in the wilds, could not find means of subsistence any where else. The w'hole passage is untrue — is shameful ; and Dr. Howison should apologize for it in the public prints of this country. These very farmers whom he scandalizes so cruelly, stood up for British government most GKN'ERAL INTRODUCTION. CCCXi nobly during the late war. Many of them lost their all at that time; and to many of them the British government is now deeply indebted. Their claims, well authenticated, were laid before the home goveruraent, at least five years ago; and not a penny has been paid to them. What now have these men to say to Dr. flowison, who has slan- dered their character, and injured their credit at home? What have the farmers of Niagara dis- trict to support their loyalty, should another in- vasion of the province ensue? Their treatment is indeed a reproach to British government. The mass of first settlers in Upper Canada were “ true men,” and to this day there is a peculiar cast of goodness in their natures, which distinguishes ‘ them from their neighbours in the United States. There were among them ruffians of the very worst description ; and Isaac Swayze stands forth as a specimen. His Majesty’s ministers needed spies, and horse stealers, and liars, and perjured villains; and America furnished such characters, just as England can furnish an Oliver and an Edwards. hy should a whole people be slandered, because of a few ? The Canadians have indeed degenerated from the. date of their first settlement. They have been debased by provincial government : they have been polluted by a mixture of bad fellows from all quarters, taking refuge among them ; and to use the words of Dr. Howison, “ depravity has * been confirmed hy the cirmmstances in which they are now placed.’’ Still the great mass of them are well meaning, honest, sober, and industrious men ; cecxii GENEllAL INTUODUCTION. and it will be the fault of the British governtnent if they are lost to this country as loyal subjects. Simplicity is the prevailing characteristic of Ca- nadian farmers ; and this springs from ignorance. It is not the farmers who are the depraved of Canada. It is the councillors, the priests, the magistrates, and ail who depend on government; and among these men there is depravity of the most odious kind. It was to root out this de- pravity that made me enthusiastic, when writing in Canada, on public afbiirs. Before I began to rouse public attention to the causes of abomination in that country, I had privately communicated to Dr. Howison tbe speech of a magistrate, which should have sunk deep into his reflection— a speech so horrible, that it cannot be repeated. From this, and other speeches, and conduct of the higher classes (if I may, for distinction sake, make use of the term) there was no hope of mo- rality gaining ground in the province among the lower classes. Some of those who set themselves up for the respectables— the gentlemen of the countrj^ were, ill fact, the most ignorant, mean, disgusting, and infamous characters that ever came under my observation. I saw into the seat of disease; and as a surgeon thinks it no disgrace to foul his fingers with cutting out a cancer, so I thought it duty to expose the gentlemen of Upper Canada, while Dr. Howison was trifling with a creature who had not sense to be a gentleman even in appearance. Dr. Howison wrote in Canada only to trifle; and now we see the consummation. GENERAL INTRODUCTION. CCCXlll We see a book very well written ; very readable as a romance — the tale of a sentimental weak man ; but, as it affects men and their serious affairs, worse than trifling — scandalous. To say all the ill he could of Canada, and no good of it, is unfair, — is deceitful. To speak as he has done of the people of Niagara district, who were favourably disposed towards him, and from whom he expe- rienced many civilities, is indiscreet, is ungenerous, is ungrateful. Dr. Howison accompanies his Sketches with “ practical details for the information of Emigrants of every class;” but, after reading his book, who, would be inclined to emigrate to Upper Canada? who would choose to associate with a “ ruffian rem- nant^* and “ outlaws.,'* whose “ depravity* has been “ confirmed tend increased" ? Who would not laugh at his parting exclamation about the “ happy shores of Upper Canada’’ ? Scandalous as Dr. Howison’s book is, I have yet hope that it may do some good. It is well written, and will be read with some degree of relish, which none of the other works spoken of have been, or can be. If it does not make the people at home in love with you, Canadians, it may yet excite a desire in their bosoms to better your condition. The seventh, and latest publication, is a very slender affair of twenty-five pages, intitled, “ Sketches op a plan for settling in Up- per Canada, by a Settler.” It takes up my notion of connecting emigration with the reduction of poor rates ; but it is manifest that “the Set- CCCxiv GENERAL INTRODUCTION. tlek” has not very deeply studied the subject of settling “ an almost unlimited number of the unemployed labourers of England.” He must study hard, and a great deal more to be ready to start with advantage by “ the 1st of February, 1822.” Let it be the 2d of April, (for I would have none go off for Canada till after fool’s day) and perhaps 1 may go with him and assist. But 1 forget; Lord Bathurst would not patronize me. Perhaps he is going to make a shew of doing some- thing for “ the settler,” and we must only watch that it may be no humbug; — nothing like that of the Perth Settlement in Upper Canada, or the more expensive experiment at the Cape of Good Hope! The subject of settlement is one of vast importance. It never has been understood ; and it is pity that it should be trifled with. It is now upwards of four years since I was convinced that the Americans themselves, who have been the greatest settlers in the world, did not understand the art. It will be obsen-ed, that I said so in my first Address to the Resident Land-owners of Upper Canada (page cxcii) ; I have, since the date of that Address, devoted to the subject my days and nights ; and if I shall be so fortunate as to gain public at- tention, it shall be my greatest joy to make known my plans. Hitherto the settlement of the wilder- ness has uniformly been accompanied with a low- , ering of human character. I contemplate, at once, the improvement of man and the land, which the Creator of all meant that he should occupy and improve. GENKUAL INTROnUCTlON. CCCXV I have now, under this head, to say a little of my own work. My first proposal to publish a Statistical Account of Upper Canada, was con- nected with my immediate private interest. It would have assisted greatly my project of establish- ing a land agency. Canada" offered peculiar advantages in this project. I could recruit for emigrants to Canada all over the United Kingdom, which I could not do to the United States, because of our emigration laws* ; and the publication of a Statistical Account, well au- thenticated, was the best and simplest mode of making Canada known. The opposition of a priest, to this simple proposal, should never be forgotten ; but it was not his opposition which had any thing to do with my change of measures. The discovery that your Governors neither understood nor paid respect to the laws, whereby property had value, induced me to pause ; and greater experience gave assurance that it was right to do so. I could not honestly invite settlers to a country, while gross mismanagement subsisted in the Government; and now, I believe, you are all sensible of the mischief which has ensued. We should never repine at the events of life; we should improve upon them; and this I shall say, that after the gayest visions, which • Some years ago, a person was arrested for enticing away people from the Highlands of Scotland to America, and impri- soned for months. Orders have, of late years, been issued to suspend the rigour of law; but still there is no certainty of free- dom to emigrants. Emigration laws should be abolished. CCCXVi GENERAL INTRODUCTION. first presented themselves to my mind, of settling in Canada, fled : after ill succeeded ill ; and, up to this hour, misfortune seems to have no end; still I am hopeful that all is for the best. My political warfare in Canada brought out se- crets, and displayed characters which it was of utmost consequence to have exposed: indeed, what could mark the iniquity of your Government so well, as the suflerings to which I was subjected. The whole, I hope, has laid the ground-work of thorough reform. If health and strength fail not, 1 shall not fail ; and, circumstances every day unite to aid my endeavours. My work is now no longer a call to emigrants to go out to Canada : it is a call for inquiry into corruption, mismanage- ment, and mis-rule. The book has swelled on my hands; but it is full of valuable documents. It exhibits both things and men : it traces pro- vincial policy from its root upwards to its can- kered branch and its fading leaf. It is now di- vested of all little selfish considerations : it now contemplates only great and benevolent objects. If these are made good, emigration will indeed be- come a glorious theme, and Canada will flourish. If these objects are not carried, all Guides to Upper Canada must be guides to wretchedness, as they have hitherto been ; and all comparisons which go to make the British provinces appear su- perior to the United States for settlement, must be false, and deulsive, and treacherous. No man ever regarded Upper Canada with fonder eyes than myself: no man ever devoted so much of his life GENERAL INTRODUCTION. CCCXVli to do it lasting good : no man wishes better to it, even up to this hour, than mej but I must not, and shall not, prefer Canada to truth. APPEAL. In the outset of this General Introduction, I have exhibited my case as a banished British sub- ject : produced documents : stated what course I was pursuing, and about to pursue for redress. In the body of my work, I have completed my reason- ing on your monstrous sedition law, and proved to demonstration, that that law never could, and never was meant, to apply to a British subject; and never should have been applied, as it was, to me. While in Scotland last winter, I wrote to the gentleman in town, who has charge of my appeal business, to procure, if necessary, the assistance of counsel, to draw up my petition to the King in council. He laid my printed Circular before Mr. Adam, an eminent counsellor ; but Mr. Adam entirely mistook the object which I had in view. Looking back to the first part of this Introduction, printed more than a year ago, you will observe that I never trusted to redress by the ordinary course of law. My complaint is not only that I was illegally imprisoned in Canada; but, that by cruel treatment, I was deprived of my natural powers of defence ;— that I was incapable of it ; and, indeed, had the court which tried me put me to death, instead of mocking me with a trial, cir- cccxviii CENERAI. INTRODUCTION. cumstanced as I was, its conduct would not have been a more fit subject for parliamentary inquiry. My appeal is, and always has been, against vio- lence ; and violence of such a nature as cannot be taken cognizance of by the usual forms of law. I have been willing to follow out every course of law, and to leave no stone unturned within the precincts of ceremony and form ; but, from the beginning, I had no hope, save in extrajudicial in- quiry. It was conviction of this which induced me to write to Sir James Mackintosh, as to the newspaper report of his speech, (page liii), to pro- cure from him a contradiction of that report ; and the opinion of Mr. Adam makes it still more ne- cessary for me to guard myself from error. I shall here produce that opinion, with its sentences numbered for clearer reference. 1st. I have read Mr. Gourlay’s statements, and the act of the Legislature of Upper Canada, with the greatest attention, and the only remedy tliat is open to him, if tlie conduct he complains of is illegal, is, in my opinion, to bring an action in the courts of Upper Canada, or in this country, (if any of the persons who acted in or contributed to his imprisonment, are to be found in the country), to recover damages for the imprisonment he underwent, and his forcible removal from the Province, supposing he has sustained any injury, and that the conduct of those who have so injured him, was not justifiable by tlie local law. 2d. Mr. Gourlay has a clear and distinct remedy by ac- tion ; but the King in Council can afford him no relief for the personal wrongs he has sustained; nor can he hope for any compensation by petitioning the House of Commons. 3d. It is, undoubtedly, open to Mr. Gourlay to petition 2 • CENERAt, INTRODUCTION. CCCXIX the King and the Parliament, either on the score of his individual grievances, or the general ill government of the Province ; but, it is quite hopeless to expect any personal remedy, except by pursuing the only course the law points out, an action in a court of law. 4tli. With respect to the legality of the proceeding against Mr. Gourlay, in Upper Canada, it must not be overlooked, tliat the statute con- tains a clause, (now become not uncommon), by which the burthen ot proving that a person accused is not in the situ- ation pointed out by the statute, is thrown upon him a severe provision, and in direct opposition to the general rule of law, which imposes the necessity of proving the whole case upon those who allege the fact. 5tli. It seems clear Mr. Gourlay did not do so, nor does it appear that he offered to do so, either before the magistrate, or on his trial. Gth. Indeed I had collected from page 6, (Petition to the House of Commons), that he had not taken the oath of allegiance before his commitment. 7th. It is true that it appears from his allidavit, 13th January, 1819, that he had taken the oath on or before that day. 8th. But it does not state when ; nor does it appear that that affidavit was ever used judicially. 9th. I apprehend, therefore, that it must be taken, that Mr. G. was amenable to the act. W. G. ADAM, Lincolns Inn, 24f/t Feh. 1821 . Before making remark on the above opinion, let me again state, that 1 only wanted the assistance of counsel to drcno up my petition. Writing to my solicitor, from Fifeshire, 7th February, 1821, I said, “ Lest assistance ot counsel should be re- tjuired to draw up the petition, I beg leave to in- close a bill on London, per £l0, to account.” I had not only got the opinion of Sir Arthur Piggott cccxx GENERAL INTRODUCTION. specially, and that of other lawyers, generally, that my confinement was illegal; but I had made myself thoroughly acquainted with the subject ; and I defy all contradiction to the facts and rea- sonings thereon, which I have in this work pro- duced, to shew that the Canadian sedition law is not applicable to a British, subject. I wanted no opinion as to this ; but behold here is an opinion, and one which decides that I was “ amenable to the act” ! ! ! Such an opinion having come into my hands, it is necessary to expose and criticise it; and, without wishing to be personally disre- spectful to Mr. Adam, merely for my own salva- tion, and to maintain my great and valuable right as a British subject, I shall not scruple to be free. The opinion before us is an excellent specimen of the misconception, shallowness, confusion of ideas, and bad reasoning, w'hich constitutes “ the glo- rious uncertainty of the law',” and by which law- yers “ take aw'ay the key of knowledge.” I shall examine it in regular order. Mr. Adam sets out with saying that he has read my statement and the act “ with the greatest attention and yet he passes over the chief thing complained of — the se- verity of my treatment, which rendered me unfit for trial, and which ought to annul the whole pro- ceeding, whether I was subject to the act or not. The act itself does not justify undue harshness, even to an alien ; and had even an alien been treated as I was, it might have been becoming in the British Parliament to have taken his part, and to have addressed the King on the subject, not GENERAL INTRODUCTfON. CCCXXl only to make amends to the suffering individual, but to maintain national honour. Harsh treatment to any one in a jail is criminal ; and upon proof of it, most assuredly, the sheriff’, or whoever else has been criminally concerned, may be punished: but to proceed. The whole of the three first sentences only lead to confusion and mistake. I never could have doubted, for a moment, as to my remedy by action, against those who imprisoned and mal- treated mein prison. If all had been regular; if I had been able to protest against the trial, or keep up to the forms of law, and have appealed to a higher court under an arrest of J’udgment, or bill ot e.xceptions, all might have been managed suc- cessfully. In the course of law my sentence might have been reversed, and then in the course of law I could have prosecuted for damages ; but under severity of treatment I lost these advantages,- and till this severity of treatment is inquired into, and the unjust consequences removed, all hope of my obtaining redress must be small. It is, indeed* perfectly astonishing to me how Mr. Adam could think for a moment on the subject, and suppose any doubt existed as to this. I mean yet to peti- tion both Houses of Parliament, besides the King in Council, but expect no “ personal relief,’^ as Mr. Adam expresses it, directly from them. I expect them to determine that the act was not ap- plicable to British subjects, and they can easily do so; and I expect them further to listen to evi- dence that I was, by severity of treatment, ren- dered unfit for fair trial. This done, I expect that X I CCCXXii GENERAL INTRODUCTION. they will address the King to interfere and restore me to my just rights — to have the sentence of the court annulled, and a liberty granted me to com- mence and carry on prosecution against the par- ties by whom I was imprisoned and maUtreated in jail. I may not succeed : my expectations may be blasted. The Queen of England was wronged : her enemies failed in their persecution ; but still she was denied her rights ; and mine will have much less strength to support them : nevertheless, I think it duty to persevere ; and, while I have life, 1 shall do so. In his fourth sentence, Mr. Adam comes to con- sider the legality of my imprisonment, and instantly gets within the body of the statute, to make out omens from its entrails. How perfectly absurd ! The statute either is or is not applicable to British subjects, altogether independent of its garbage. Blind to this great truth, Mr. Adam, in his fifth, sixth, and seventh sentences, runs on to question matters of no importance whatever; and from these comes to a conclusion ! Mr. Adam rests im- portance on my not having taken the oath of alle- giance as prescribed by the Act, when it was not necessary for me to take the oath of allegiance at all. My natural allegiance was protection enough. I never thought any thing more was required for procuring my enlargement, but the fact that I was a native-born British subject; and only allowed the attorney, who conducted the process, to take what other steps he chose, as they could not injure my plea, and seemed to give less excuse for my gexrral introduction. cocxxiii detention in jail. The fact that I was a native-born British subject was notorious ; Dickson knew this well ; Chief Justice Powell never pretended igno- ranee of it ; and upon the knowledge of this alone he was bound to set me free. Canadians ! I wish you to understand that any delay of my return to the province, after all the forms of appeal are gone through, will not proceed from want of success. When it suits my conve- nience, I shall tread again on the soil of Upper Canada, even in the face of imprisonment and death. I put this whole affair on record, not as it concerns myself as a private individual, but as it concerns the most sacred right of a British subject. PAUSE. It has been stated (page ccx) that I put a second volume to press, in the hope that a commission would come home from Canada last summer. I was not only disappointed in this ; but in much more than this. On the 10th September a packet reached me, containing the Report of a Pari iamentary Committee, and a Gazette of Upper Canada. I had been previously prepared to hear that my friends in your Assembly were foiled in attempts to procure inquiry-^that they were out-voted ; or that the measure had been thwarted by the Legis- lative Council or the Governor ; but what was my astonishment to find that not one of them had moved in the matter, and that a Parliamentary X 2 CCCXXIV GENEftAT. lNTR0DUCTr01S% Committee had been sitting only to excite con- tempt, with a pensioner of Government in the chair, prating about things which should be left tO’ themselves, reflecting on the corn laws of England, yet fostering corn laws in the province, and desiring the adoption of them by Lower Canada I ! Holding talk about a grand navigation, and appointing Com- missioners, without thinking for a moment as to the means of execution ; in short, trifling with every thing, and wholly neglecting what was most needful — a submission of your whole public affairs to the consideration of the Imperial Parliament. The moment that I read the Gazette and Committee report, every sanguine hope vanished. I felt dis- gusted: expressed my disgust; and soon after resolved to make a complete pause in my operations here, which I had trusted would be profitably brought to a close, by at least some encouragement and countenance from Canada. Finding that not one of your representatives had done you service, and that from the gross ignorance which prevailed in your Parliament, that any thing but good could be expected from its endeavours, 1 flung aside my plans for settlement in the wilderness: 1 relinquish- ed my sanguine hope of seeing the grand canals of the St. Lawrence and Niagara executed through provincial wisdom : I resolved to narrow my views, at least for a time, and rest my remaining hope with the people of England, who have so long been put to enormous expense in nursing up a colony, only for disgrace and degradation. About tw'O months after this resolution was taken, the people GENERAL INTRODUCTION. CCCXXV England had a sample of what soured me with your parliamentary representatives served up to them. Morning Post, November 15, 1821. On the 28th September last, a meeting was held by the inhabitants of Uie county of Halton, in the Gore district of Upper Canada. The chair was filled by James Crooks^ Esq. M, P., and tlie following resolutions were adopted : — 1. That it is the opinion of tliis meeting, that the re- strictions and regulations at present existing in Great Britain, with respect to the importation of grain and flour from these provinces, are such as amount almost to a pro- hibition ; and that to their operation is to be attributed, in a great measure, the present distress of our agriculture and commerce ; and unless means be devised for our speedy and effectual relief, the certain ruin and bankruptcy of the entire farming and commercial interests must ensue. 2. That though a nominal market for grain and flauG the produce of tliese colonies, is supposed to exist in the soutliem parts of Europe, yet such are the systems pursued in those countries, and so great the disadvantages under which we labour, from the competition and rivalship of other countries more favourably situated, and who, from prox- imity of situation, are in possession of greater facilities, that our eflbris to obtain relief therefrom must be totally unar vailing. So evident indeed are these advantages, that it is not known that a single shipment has been made to 'any of them the past or present years^ 3. That notwithstanding the apparent advantages of a trade with the West Indies, it has been found, on close inspection, and indeed from actual experience, that they are but few in number, and doubtful in effect. The indi- rect trade encouraged between them and the United States, under the authority of tlie Free Port Act, and the in- CCcXXyi GENERAL IN TROl^UCTION. cFeased expense of bringing our produce to market, in con- sequence of our remote situation and the difficulties occa- sioned by the obstruction of our navigation in winter, ren- dering it impossible for us to enter these markets with any thing like a fair competition, or reasonable chance of success. 4. That the interests of the two provinces of Upper and Lower Canada are so mutually interwoven, that it were to be wished some measure could be devised (in concert) to remove existing obstacles, and facilitate new arrangements, more likely to contribute to the general welfare. 5. That the existing regulations in Lower Canada, which admit the importation of American produce, to be there consumed, without any duty being imposed upon it, are directly in the face of that reciprocity which ought to exist between the two provinces in their commercial inter- course with each other, as it not only tends to depress the price of Upper Canada produce, but renders nugatory the laws thereon existing for its protection. 6. That the want of an outlet for our grain, and the con- sequent depression of prices, has an immediate tendency to encourage its conversion into spirits, the increasing c(m- sumption of which is destructive alike to the morals and industry of the inhabitants. 7. That a great proportion of the wants of the inhabit- ants of this country has been hitherto supplied from Great Britain, by way of barter ; that such trade must entirely cease, from the impossibility of making payments, unless our grain and flour be admitted there for consumption. 8. That although our distresses have been progressive, yet their approach has been so steady and unremitted, as to have overwhelmed the inhabitants with consequences the most ruinous, and with a rapidity which no caution or fore- sight could guard against. In these appalling circum- stances, we see but little prospect of relief, unless by a direct application, by petition, to the justice and generosity 3 GENERAL INTRODUCTION. CCCXXvii ©f his Majesty’s Government, and the Imperial Par- liament. 9. That with this view a Committee, consisting of twelve persons, be appointed to prepare and forward such petitions as may be deemed necessary to promote the objects recom- mended in the foregoing* resolutions. 10. That the Committee consist of J. Crooks, Esq. M.P., Manuel Ovenfield, William Chisholm, Daniel C. Redy, Walter Nichol, Titus G. Simmons, Absalom Shade, John Erb, Alexander Brown, Robert Murray, James McBride, and James Biggar, Esquires. 11. That this Meeting recommend it as a measure of vital import to the Canadas, that similar meetings be held in the several counties throughout the provinces. The opinions entertained of the above, you will be able to judge of from the following extracts : — Morning Chronicle, November 17, 1821. ** That these poor people (remarking upon the above) are grievously distressed, and have long been so, is a matter of notoriety ; but they are rather unfortunate in the selection of remedies, which appear in these resolutions. They wish tlie repeal of the Corn Bill. They wish the monopoly of the supply of the West Indies. They wish a Corn Bill for Lower Canada. Why do they wish us to repeal the Corn Bill, and to grant them the monopoly of the West India market? We gain nothing by Upper Canada : the inha- bitants pay no taxes ; an immediate sum of money is raised by taxation from the people of this country, and spent in that province. Why should we levy a tax on the West Indies, in the shape of the additional price occasioned by a monopoly, for their relief ?” “ Traveller, November 17, 1821. ** Upper Canada is the most fertile part of the N orth Ame- CCCXXviii GENERAL IxNTRODUCTlON. ricau continent, blessed with a most delightful climate, with unexampled means of internal navigation, with the privilege of importing its wheat into Great Britain when our market price is 67s. (instead of being excluded, like other coun- tries, till the price is 80s.); the charge of its army is paid by Great Britain ; yet, with all these advantages, the inha- bitants are languishing, not in absolute want (for in such a situation no man can want food), but in the lowest condition to which well-fed animals can be reduced. On tlie oppo- site side of the rivers and lakes, in the territory of the United States (much of which has been settled more re^ . cently than Canada), there is the most striking difference. The country is full of the most flourishing villages ; and it is remarkable, that while in the United States there is now not the smallest village without a steeple (while scarcely such a thing is to be seen in Canada), or at least a place of worship. This fact, among others, a tour recently publish- ed by Mr. llowison, evidently without any political par^ tiality, bears testimony to. It is to be remarked, in addi- tion, that our Government always gives away its land {fees of course excepted), while the lowest price obtained by the American Government for their’s is two dollars per acre’*', ^fliat there is mismanagement the mere results shew ; but the details of the jobbing which produces them, and the policy which has sent so many wretched settlers to the coast of Africa, while almost a boundless quantity of the best land might have been obtained for them so much nearer * My last letter from the United States (dated 18th September, 1821) gives me the following as the current prices of land in that country : Credit sales in the Genesee country, near Lake Ontario, five dollars per acre ; and south towards Pennsylvania, two to five dollars. Cash sales, few or rather none. United States land in Ohio, Michigan, Illinois, and Indiana, one and a quarter dollar, caak all down. ctcxxix GENERAL INTRODUCTION^ koine, will be well worthy of the attention of those who wish to see how tlie least ^ood can be done at the greatest ex- pense.” “ Times, November 23, 1821. ** Quebec Grazettes of the 19th October arrived yester- day. They present a deplorable picture of agricultural distress in both the Canadas. 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. In some o| the parishes of Montreal, which formerly sold gveat quantities of wheat for exportation, farms pai*tly cleared, with a log-house and barn, had been sold at Sheriffs’ sales for less than tlie usual law expences incurred to effect the sale. One immediate consequence of this distress was ex- pected to be the compelling the farmers to resort to family manufactures for their supply of clothing, as they must soon otherwise be without tlie means of protecting their bodies against the inclemency of the seasons.” Scotsman, November 24, 1821. The same distress in which the British farmers are in- volved seems to have extended to the farmers of Upper Canada, who are holding meetings, and voting resolutions, condemnatory of that clause in the late corn law, which pre- vents the importation of Canadian wheat into this countrv, until the home price reaches G7s. a quarter. But while they are loud in their cry against the monopoly established in favour of the British farmers, they are themselves stre- nuously denouncing the impolicy of those regulations ** which permit the importation of American produce into Lower Canada, without any duty being imposed upon it ” / Full liberty to export their produce to England would not satisfy these gentlemen. They must besides have a mono-» CCCXXX GENERAL INTRODUCTION. poly erected in their favour, and be invested with the ex- clusive command of the market of their neighbours ! A modest demand, truly ; but quite in the taste of the practi- cal Statesman of the Board of Trade.” Here you see, Canadians, what the people of England think of your Township Resolutions, countenanced by James Crooks, Esq. M. P. The extracts, here produced, are from newspapers of the very first respectability, and all of them noted for their hostility to the Corn Laws of England. They are the very newspapers which most heartily would have taken you by the hand, had you come home with liberal demands; but you see how they pity and despise you, when on the same paper you exhibit impertinent comments on English legis- lation, and the most grasping selfishness. It was this, and more than this, which turned my sto- mach the tenth of September, one thousand, eight hundred, and twenty-one years ; (see vol. II. page o60) and I am, indeed, happy to shew you that similar causes have produced a similar effect upon the minds of men of the first-rate talents and respectability, in this country. Of all men, you had least reason or right, to complain of the Eng- lish Corn Act. To you it is most liberal. Al- lowing your wheat to be sold in England, when prices rise here to 67 s., was a mighty favour; and of that you complain!! No man was more op- posed to the Corn Bill of England than myself. I posted the Bath Society, in 1815, as infamous, for proposing that bill to parliament; declaring GENERAL INTRODUCTION. OCCXXXI the measure to be “ seljish, futile, and impolitic but in your place I should have said nothing against it. Your present distresses may be traced to other causes than the Corn Laws of England. This is not the place to enlarge upon these, but a glance at one of them will be sufficient for my purpose. The Halton petition speaks of the “ certain ruin and hankruptcy of the entire farming and com- mercial interests;’^ but the “justice and generosity of his Majesty's government” cannot now help that, and be otherwise consistent and fair. Your debts, contracted when wheat sold readily among you at 8s. per bushel, cannot be soon paid when the price is two shillings ; far less when there is no price at all. But why did you contract debts? It did not follow, because money was made plenty and cheap by the immense issues of government during the war, that you were to be more and more extravagant. Let any one of you look back for ten years, and say if be might not at this mo- ment have been clear of debt, had he taken ad- vantage, of the precious opportunities which have now fled. You were extravagant: you went on contracting debts when you might have paid them oflf; and now you are unable to pay. Your plan, now, is to become bankrupt at once, and bid adieu to ruin. There is no dishonour, under certain circumstances, in becoming bankrupt; and justice, as well as prudence, often plead for it. A Cana- dian farmer has not much to fear in bankruptcy. He can support himself and family with four hours CCOKXXii GENERAL INTRODUCTION. labour a day ; and with eight hours labour he may have luxuries and fine clothes, all from the growth of his own farm, and by domestic industry. With so fine a country as you possess, and the right of tax- ing yourselves, it is even impious to be sending home petitions like that before us. You may be happy and contented without foreign trade, and though the mouth of the St. Lawrence Avere frozen up for ever. What, think you, became of Adam and Eve after be- ing turned out of Paradise, without a soul to trade with!! You are slothful, and, of course, poor. You are grossly ignorant: and Mr. James Crooks does not blush to subscribe to it! Dr. Howison tells us in his Sketches that nobody can prevail with you without Jlatteriny your vanity.^* I never did and never shall flatter your vanity; for out of vanity nothing can be expected but vexation of spirit. It was for very different objects that I wished your parliamentary representatives to send home a commission from those which appear on the face of the Halton petition. I wished to see glaring obstructions to improvement removed : I wished to see your just claims on government satisfied out of means w’ell used in the province : I wished to see a liberal system of government introduced, the pride of power humbled, and business attended to : I wished to see Canada become profitable to England, instead of hanging upon her as a burthen : I Avished to see you throw aside all taxes, but one, upon land, by which you might in time correct the wretched state of pro- perty now existing, which smothers you up GENERAL INTRODUCTIOX. CCCXXxiil among reserves, and unoccupied grants of drones and absentees. I wished to see you obtain a loan from England for the execution of great public works, on the security of such a tax. I wished to see dOjOOO emigrants annually settled on the waste lands of the crown. My ideas were great, and good, and practicable ; but ignorance and vanity have, for the present, blasted them. There is not a single clause of the Halton Resolu- tions that does not contain something foolish or oflensive. The second and third expose the natural disadvantages of Upper Canada, while her manifold natural advantages are forgotten, — advantages which, if improved by good government, would quite outbalance the disadvantages so peevishly dwelt on by the inhabitants of Halton. Upper Canada cannot meet the United States of America in West India markets, not because of her “ remote situation, and the difficulties occasioned by the obstruction of navigation in winter,^’ hut because of the inferiority of government ; and because of the bad state of property above spoken of, which renders it impossible for the Canadian farmer to cultivate with economy and profit ; which indeed retards all ♦ People from the United States even supply vegetables to Kingston market; and newspapers are half the price in the States that they are in Canada — all from the bad state of property. Upper Canada contains about seven people to the square mile: the Slate of New York thirty people. Here is a simple cause; and in the course of this work I have again and again pointed CCCXXxiv GENERAL INTRODUCTION. improvement, and makes every thing dear*, — w'hich beastifies society, and insults us at home with the publication of the Halton Resolutions! The expense of sending produce to Quebec, and thence to the West Indies, is a mere bagatelle, to the expense and waste sustained by bad manage- . ment within the province of Upper Canada. The 6th clause of the resolutions cants about injury to the “ morals and industry of the inhabit- ants,’' from distillation in the province ; while it is a fact, that the province has all along stunk from end to end, with West India rum ! ! In the 8th clause, little prospect of relief is seen, “ unless by a direct application, by petition, to the Justice and generosity of his Majesty’s Government and the Imperial Parliament and this application, forsooth, must be made through such a medium as a County Meeting, with a Member of Parliament in the chair, who had neither the ingenuousness to countenance the Convention of friends to inquiry, nor manly resolution to stand up in his place in Parliament last session, and insist on a commission being sent home!!' It is quite sickening : my pa- tience is exhausted with such a display of ignorance and vanity. I had reflections to make on the general perversity of mankind: I had designed to cast my eye back on the foregoing pages, and make some remarks on the conduct of my Lord Holland, Sir James Mackintosh, Sir Robert Wilson, &c.: besides having once more at Mr. Cobbett, the cleverest fellow of them all; but really, my good Canadians, the resolutions of James Crooks, Esq. GENERAL INTRODUCTION. CCCXXXV M. P, and his neighbours of Halton, have quite cloyed my desire for criticism and censure upon the conduct of any man, woman, or thing on this side the Atlantic. — Adieu. COLONIAL GOVERNMENT. On this subject I shall address myself To the People of England. Since the United States made good their inde- pendence by the sword, North American Colonies must have cost us little less than fifty millions of pounds sterling; and I question if they have returned so many farthings for our governmental care, lill of late the annual charge could not be much less than half a million ; and this fact I shall maintain, that instead of throwing away money on these colonies, we may draw from them a con- siderable revenue, merely by the economical dis- posal of waste lands. At the present time, when the bonds of society are ready to burst with over- strained taxation, surely, such a consideration ought not to be thought a trifling one. Our North American colonies are not yet ripe for independence, or that should be granted them ; — not independence of the crown, but of ministers. The colonies stand in need of kind nursing for ten years to come ; at the end of which period they might be allowed to meet in Convention, and CCCXXXvi GENERAL INTRODUCTION. choose a government for themselves. It is their interest to remain for ever connected with this country, and there is not the slightest reason to suppose that they would ever harbour a wish to throw off its sovereignty, or deny us the right of disposing of waste lauds to the best advantage. Set free from the wretched controul of haughty, ignorant, and capricious governors, they would most assuredly cherish a pride in their affinity to the parent state : they would remain for ever our friends, and fellow-subjects. Were a liberal sys- tem of government established in the Colonies, li- beral minded men would spring up there; and, thither, liberal-minded men would emigrate from Britain. It is from liberality alone, that Britain can retain and derive benefit from her colonies. Let us then at once have liberality. Looking back to the history of America, how simple do the means appear by which we might have retained the United States. Good heavens! Avhat madness was it to drive free-born Americans to rebellion, by denying them the rights of men ! What folly to imagine that we, islanders, could coerce the people of a continent, 3,000 miles re- moved ! Had Americans been permitted, in due time, to govern themselves, they never would have denied to this country the right of disposing of waste land ; and by the judicious disposal of that we could not only have drawn home a consi- derable revenue, but have planted the new world with a superior race of men. Surely we may now be taught by experience; — surely, in this more GEN£KAli INTRODUCTION, CCCXXXVii enlightened age, we may learn how to turn to pro- fit the immense territory which we yet possess on the continent of America. Let the eye only glance over the map, from the Atlantic to the Pa- cific, and from the St. Lawrence to the Pole; and, then let rne ask, if it may not be for the ho- nour of England, holding profit apart, to consider by what means so vast a region may be tenanted with civilized men — with happy souls and loyal subjects. Four years ago the charming possibility of this being realized dawned upon my mind ; and I said that “ England could spare 30,000 people annually, and be refreshed with the discharge.’* The truth has grown more and more obvious, and I now repeat it with perfect confidence. The vision of quickly and thickly peopling the earth with our species, brightens in my imagination day after day ; and most earnestly would I intreat every benevolent mind to give serious attention to the subject. The idea may be easily realized. It re- quires but systematic arrangement, and the judi- cious application of capital which we have in abund- ance. It will pay : it may be resorted to, not only for the performance of the first great command to multiply and replenish ; but for our individual ad- vantage and our national aggrandizement: it may be looked forward to as the peaceful means of establishing a new and a better order of things in the world. Hitherto men’s chief employment has been to butcher their kind. They have gone on from age to age, destroying and depopulating : they have striven to give aid to vice and misery. Why y CCCXXXViii GBNGRAL INTRODUCTION. should it be so ? Merciful God ! What cause have we to quarrel with the people of the United States; or these people with their neighbours in Ca- nada? Is there not room for us all, and should we not first consider how that room may be filled up ? One and all of us may, for centuries to come, have po- sitive and great advantage in settling the wastes of nature to their remotest verge. England alone could, in prosperity, easily supply 50,000 recruits annually, for emigration and settlement ; and the United Kingdom 100,000. Yes! by the simplest arithmetic it can be proved, if proof is called for. Our North American Provinces should be con- federated. They should hold congress in the month of June, at Quebec. Lower Canada: Upper Ca- nada: New Brunswick, having Gasp6 and Prince Edward’s Island laid to it : Nova Scotia, having Cape Breton laid to it; and Newfoundland, might constitute five independent, but confede- rated provinces. Labrador: East, South, West, and North Hudson, might fall into the confederacy as they became civilized and sufficiently populous ; and, in the course of time, those parts of the United States, whose waters issue by Quebec, (never to be gained over by conquest), would, 1 doubt not, join the Northern Confederacy, and swell the Government of the St. Lawrence to its natural size. The best Constitution for a North American Province, while at nurse, would, in my opinion, be this : to consist of an Assembly chosen by the people, as in Canada; a Governor and Council. GENERAL INTRODUCTrON. CCCXXXIX The Governor might be a military man, and have the commissioning of militia officers, while he and the Council appointed judges, magistrates, &c., who should be subject to removal on the applica- tion of a certain large portion, say four-fifths of the people, among whom they were aj>pointed to act. The Council might consist of ten members or more ; one half to be chosen by the people eli- gible to sit in Assembly ; the other half to be real men of business, sent from England on salaries for service. These men, besides doing duty in the Council, as advisers and legislators, might form a land-board, altogether independent of the Pro- vincial Governors or Government, and be subser- vient, in that capacity, to a grand land-board at home. The grand national land-board, with its branches in the several Provinces, might dispose of waste lands on strict business principles ; and by system, every way defined and adjusted, ma- nage in the best possible manner for public good. Accurate surveys and maps might be made, and ex- hibited both at home and abroad, for the expediting of business, either in purchase or exchange ; and under the auspices of the land-board and its branches, a grand system of emigration might be organized and maintained in constant operation. There is nothing in mere magnitude which should frighten us. Magnitude in general may be made to contribute to success; and with systematic ar- rangement, and adequate means, may be turned to its utmost account, without difficulty, confusion, or failure. I avoid particulars. The subject of y profitable emigration and settlement, is one to which I have devoted part of my third volume, and should the public happily conceive favourable opinions of schemes now hinted at, it shall be my utmost ambition to go on to practical illustration and detail. A few words on the fundamental principle may not be thrown away : they may assist in arresting attention. Land is valuable, ac- cording to the degree of convenience attached to it ; and other things being equal, increases in value as the density of population increases. A single family planted down on a square mile, as is the case in Upper Canada, can have no convenience- no sufficient strength to make head against obsta- cles to improvement ; and while the settler is held in misery, little value is added to the land he oc- cupies. Plant down two families, twelve, twenty, or more, on the same extent of ground, and each additicm, up to a certain proportion, insures greater and greater comfort and convenience to the whole, while an instant and great value is given to the soil. One solitary family, settled on a square mile, must pine for years, become poor, dispirited, beggarly, and brutal, while twenty fa- milies will not only retain their strength, their spirit, and their manners, but instantly flourish, feel contented, feel happy, and be more and more ambitious to excel in activity and skill. England has thousands of people to spare ; and for her thousands of people she has millions of acres to settle and improve. She is the greatest land- owner on the globe, and she has the greatest conr- GENERAL INTRODUCTION. CCCxfi inand ot capital. That capital is now running to waste j or worse than waste, it is running on to increase pauperism and idleness ; idleness both among the rich and the poor. While this capital is yet at command, England may do wonders, by setting in motion a vast machinery at home and abroad ; but let this capital waste itself, as it is now doing, and a little time only will see its end, — a woful end ! Newfoundland now contains 70,000 permanent inhabitants. They are sending home petitions, to obtain a tree and regular constitution of govern- ment. Let experiment be made there. Before the chartered constitutions of Nova Scotia and New Brunswick, or those of Canada, framed by Act of Parliament, are pulled to pieces, let New- foundland have one framed without delay; and when that is found perfect, the older constitutions may be new-modelled, to correspond with it. An immediate experiment may also be made in rightly laying out and disposing of land in New- foundland. In general, that country is unfavour- able to cultivation ; but still it contains Immense tracts, which, under good management, may be brought to value, and be occupied at once to the advantage of individuals, and the nation. At pre- sent, the people of Newfoundland are not allowed sufficient land, even for potatoe gardens. How monstrous * ! And this too, because of an absurd. * "While the above was printing, the following article appeared in The Times newspaper, 28th January, 1822. It will shew the 3 CCCXlii GENERAL INTRODUCTION. antiquated notion, that the cultivation of the soil there, would injure the fisheries. It would assist the fisheries: it would enable us to cope with the people of the United States, in that trade, along the North American shores, where they are striv- ing to rival, and, by all accounts, only require time to go beyond us, notwithstanding that our natural advantages are superior. But colonial po- licy is every where at war with nature. The peo- ple of Newfoundland would, no doubt, be willing to give a fair price for land, to suit their conveni- ence ; and a judicious mode of laying out, and disposing of land, as it came to be wanted, is of the utmost consequence to insure that convenience, and make it valuable. The North American Pro- vinces might choose three or more members each, to attend congress at Quebec ; and one of these for each Province, might be allowed to come home. result of preventing the inhabitants of a country from cuhivatrng ita soil. “We are sorry to learn that advices are in town from New- foundland^ which describe that colony to be in a state of extreme distress. Among the lower orders, it is said, there are few able to support themselves; and the members of the opulent part of the community are so small, that relief was impracticable. Many, it was feared, must perish from want. Meetings of the inhabitants had been held, for the purpose of raising subscriptions, and the Governor had intimated to them, that a sum eqyual to the wliole raised by the colonists would be contributed by the government. Memorials have been sent to England, to claim the interposition oi- the legislature. The advices are to the (5th instant, the vessel which brought them to Liverpool having performed the voyage the short space of seventeen days.’’ GENERAL INTRODUCTION. CCCXliii and have a seat in the British Parliament, with liberty to speak, but not to rote. These members might, from the Congress being held in June, an- nually visit England, and return to perform their duties at Quebec ; and thus a direct, social, lively, and watchful intelligence might be maintained be- tween the home and the colonial governments : all would be simple and efficacious ; friendly and in- dependent; active and harmonious. If desired by the provincials, one of our Princes might reside at Quebec, as Viceroy, to be directed by ministers, subject to impeachment ; and to the Viceroy might be given a power, much wanted abroad, to par- don oflfences of every kind : indeed, saving ac- knowledgment to the Sovereign of England, the Viceroy might be clothed with every royal prero^ gative. At Quebec, too, a supreme judicial tri- bunal might be established, to supersede the ne- cessity of appealing to the King in Council at home; — a palpable bar to justice. The mere skeleton of provincial government is sufficient now to have exhibited. It is now only meant to attract notice to the subject, and to lay the foundation for mature discussion. Never did necessity call more loudly for investigation into colonial policy, than now. We cannot, indeed, afford longer to trifle with this most important subject. Our colonial policy over the whole world is abominable ; but in North America it ought most speedily to be seen to; for there it cannot be much longer endured, even though our Ministers had still means to riot in folly and extravagance, in holding colonies cmly COOxllT UKNKKAL INTIIODUCTION. for the portioning of their friends and relations. Bickerings between provincial assemblies and their governors are now continually heard of ; and even the little island of Bermuda has for years been in a state of distraction and discontent, from arbitrary proceedings*. The cause is obvious. Colonial Go- vernors are all of them armed with too much power, which, almost to a man, they abuse. They are blinded by the sycophants who surround them ; and invariably become either stupid or mad. Our North American colonies afford, in their history, not a single trace of common sense, discretion, or eco- nomy. Mismanagement and misrule have prevail- ed, and are prevailing. Not only do they yield no revenue, but, as consumers of British manufactures, the inhabitants are not half so advantageous to us as any like number of people in the United States ; for this clear reason, that colonial policy has kept them spiritless and poverty-stricken. By the sim- plest and safest measures, all may be changed for the better. We may speedily lessen our expendi- ture, and, from improved management alone, we may at once have a direct revenue and flourishing people to deal with in trade. My pen must not be laid down without noticing the opposite sentiments of politicians in and out of power. Ministers seem to have J)0 idea of holding * “ The little island of Bermuda is now involved in the very tempest, torrent, and whirlwind of contention, between the Gover- nor and the governed; between the Legislature and the inhabit- ants of the colony .” — Englishman Neicspaper, \i(h Ocl. 1821 . GENERAL INTRODUCTION. fCCXiv Canada, but by enfeebling the people; ruling over ' them by a wretched system of patronage and fa- vouritism ; and guarding certain points by ships, and fortifications. Most expensive works have, within the last two years, been commenced at Quebec and Isle-au-Noix, for military defence, while neither the one nor the other post could have a thousandth share in maintaining the provinces to Britain, in the event of invasion. In fact, all that is wanted for this, is the good will of the people to defend them- selves, and with liberal treatment, that would never be wanting. Our Opposition men run to another extreme. They are for abandoning Canada, or selling it to the United States. This is worse and worse. 1 can answer for the loyalty of the Cana- dians : it abounds; and their desire to be inde- pendent of the United States is strong, from one end of the country to the other*. All that they * Perhaps I cannot do better than quote, upon this sub- ject, an article which appeared in a Canada Newspaper, when I was residing in the Upper Province. Quebec Gazette y Feh, 1818, The following extract from Beirs Weekly Messenger, a pa- per of very extensive circulation, published in London, appeared in several papers in this province. I subjoin an extract from the Edinburgh Review of August last, a Literary Journal of the greatest merit and most extensive circulation in Great Britain, as a suitable accompaniment. Extract from BeWs London Messenger, “ Our relations with America have become so important, or, CCCxWi OENBRAL INTRODUCTION. Avant to continue and ensure this forever is, the pro- mise of independence now, and the reality after a «t least ia a progress of becoming so, that we shall defer our consi- deration of them to an opportunity when we can discuss them by themselves.— Mr. Monroe is a man of great talent and activity, and his movements are not without an object. We think the point of difference will be, the affairs of Spanish independence. We conceive that we feel as strongly as any one, for the true glory of this country ; but it always has been our opinion, and we know it personally to be that of one of the greatest statesmen this country ever produced, that Halifax, Canada, &c. are not worth what they would eventually cost England; and the true point of wisdom would be to make the best bargain we could for them to the United States. Go they must; and it is better to let them go, before another debt of eight hundred millions bo added to this country.'* From the Edinburgh Review of August, 1817. “ When discoursing, in 1778, of the terms on which England should make peace with the Colonies, he [Franklin] recommends at once giving up Canada, not merely as a measure of concilia- tion, but as the best means of removing a bone of contention, and a fertile cause of future wars. Unpopular as the suggestion may now appear, we suspect many years will not elapse before we see reason to wish that this course' had been pursued. Already we have sacrificed largely to Canadian interesU, by commercial losses in other quarters; we shall, in all likelihood, sustain a long con- ^t for that unprofitable colony, and end by losing it, after add- ing many a million to our debt, in attempting to keep it The experience of the American war will prove to have been thrown away upon us; and we shall lose the opportunity of honourably terminating the political connexion between the colony and the mother country, and substituting for it one of mutual commercial advantage, until our pride gets up; and being attacked, we feel rtimpoeable, with honor, to yield, bofbre we are beaten." 0£N£ltAL INTRODUCTION. CCCxItu ^ivcn period of yccirs. To 8ttr3Ct notice to this most essential point, I have twice repeated the word in my “ The politics of the Messenger are sometimeB one thing, some- times another, but, generally leaning to the side of power. The Edinburgh Review is decidedly in the opposition. In its political articles, a party bias is frequently discernible. With respect to America, it often shews a want of information which could hardly be expected in a work of such acknowledged meriu Its articles relating to this country have been unpardonably incor- rect. “ That two British publications like the Messenger and Re- view, should agree in the doctrine, that the British possessions in North America should be given up to the United States, is unac- countable. Is the state of the public mind in Great Britain, pre- pared to receive such a proposition ! Are the high-minded people of England prepared to retrograde in the path of power and em- pire? Then “ farewell^ l^^S farewell to all their greatness. In the language of their favourite bard, they may ** doff the Lion’s hide, and hang a Calf’s skin on their recreant limbs. Their wealth will not long survive their power. It will only aug- ment, for their subjugation. « England has many brave and loyal subjects in her American provinces, who pride themselves in being British subjects, and glory in their connexion with the country of their forefathers; men, who envy neither the boasted liberties of the American Union, nor the frothy honors of its rising reputation. — To be handed over to the United States, like so many Russian serfs or German boors, is an insult for which they were not prepared, so soon after la- vishing their property, and exposing their persons in the cause of Britain against these very U. S. Was it to heighten the price at which they were to be sold, that they were called upon to meet the enendes of England in battle? Na; the proposition of the Messenger and the Edinburgh Review cau. have few partisans among the people of England. They have their origin in the brain of some miserable 3tockholder,i trembling fet the Igbb of his cccxlviii general introduction. engraved title-pages ; and, by accident, the sun has been made to shine from the north, to emblazon it. The moment that the promise of independence is granted, that moment all chance of discord and war between the United States and British America will cease, and England may forthwith begin to reduce her military and naval establishments in that quarter of the world. At Kingston and Sackett’s harbour immense ships of war are upheld, reproaching at once humanity and common sense. In a very few years these ships will be rotten, and why should not each nation, while the materials are yet fresh, have them disposed of for useful pur- poses?- These and the Government stores, at iiauonai aeot; or they are the offspring of a mind adulterated by a factious opposition to overnment, to the extent of losing sight of the honour of the fairest and most powerful empire in the world. “ But, leaving every other topic out of the question, let us see what would be the political consequences to Great Britain of ^nding over the North American colonies to the United States. Wounded feelings are never healed. A loyal population, basely delivered up to those they had so recently met in the field, would ever after be the bitterest enemies of Britain. She boasts, and justly boasts, of a navy ; but could she think of protecting with er navy her Newfoundland fisheries, if the St. Lawrence and the ^asU of Nova Scotia were the safe resorU of American privateers ? With the mam land she must abandon the islands ; with the islands, the coasts and the banks. She must abandon one of the best nur- series for her seamen, an extensive employment for her shipping; she must abandon the essential supply offish for the West India Islands. With the whole coast of America, from Davis’s Straus, (I beg pardon, the Messenger and Review, perhaps, in- GENERAL INTRODUCTION. CCCXHx Kingston and elsewhere, would go far to make good the navigation of the St. Lawrence; and nothing more can be required to have these safely disposed of, but a plain agreement with the United States, that the breaking up shall be mutual and simul- taneous. The late invasion of Canada by the people of the United States, was a burst of madness, of which these people are now ashamed, and which never would be repeated, were Canada independent of British Ministry. All of us rejoice in the inde- pendence of South America, now secured by years of civil war ; and with that country there is now every reason to believe we shall cultivate & most friendly and profitable intercourse. How glorious would it be for Britain, while opportunity yet re- lend to keep possession of Hudson’s Bay), — with the whole coast then from Labrador to the Gulf of Mexico, in the possession of an enemy, she might as well abandon at once the West India Islands and the whole trade to Terra Finna, north of Cape Roque. Perhaps the eloquent writers of the Edinburgh Review will be able to persuade Russia to suffer her to trade to the Baltic. France and Holland will not annoy her coasts; and Spain, Italy, and Turkey, particularly after Russia gets a free passage through the Dardanelles, may allow her to go to the Mediterranean. As to the trade to India, America will be able to look to that, once that she has possession of the West India Islands. “ But go they must,” says the magnanimous writer of the Messen- ger : “let us make the best bargain.” Go it must then, your national honour, your national security. Make the best bargain with your conquerors, with a world that envies and hates you, and take good securities.” “ A. B.” cccl GENERAL INTRODUCTION. mains, to grant independence to North American colonies ! how glorious for her to enjoy the immor- tal honour of being the first nation upon earth to do justice to her progeny, — the first truly entitled to the endearing appellation oi parent State! POSTSCRIPT, { Chiejly for after Reference and Discussion.) There is something in the foggy atmosphere, the monotony, or, I know not what, of London, uncongenial to one who has been accustomed to a country life — to air and exercise in the fields. Since the day on which I was made prisoner at Niagara, my health has not been so good as in November last. In December it declined, and by the middle of that month, beset with vexations, such as I hope no other individual has experience of, 1 became totally unfit for business, and could have no relief but in a fourth flight to the country. My plan was to devote a week to this, and Wilt- shire presented objects of attraction. I have still ar farm there, which, in duty to others, I must look after: there my acquaintance is extensive ; and there, the interests of the poor recur to my recol- lection, as connected with the chief destiny of my life. At Salisbury, Devizes, and Warminster, on Tuesday, Thursday, and Saturday, I calculated on conversing with the farmers, and seeing how it went with them. I could inform myself as to the situation of the poor of Wily on Sunday; and re- turn to London within the week j leaving behind 9 CCclii GENERAL INTRODUCTION. me an Address to the people of Wiltshire for pub- lication in the Salisbury Journal, respecting my character and conduct, during a residence of seven years among them, that notoriety might aid me in petitioning for inquiry, as to my treatment abroad, and for my return to Upper Canada. Thus I had contrived ; and all seemed well contrived for di- verting the mind from unprofitable cares. After a week’s delay, from incessant rains, I set off on Christinas eve. An accident arrested my course: laid me up by the way ; stiffened me with rheu- matism: deranged all my plans; and detained me three weeks, instead of one, in the country. Thus, to use the words of our Scottish bard : “ The best laid schemes o’ mice and men Gang aft a-gly,” The prolonged time was not, however, entirely lost. Perhaps it was all for the best ; and that is a maxim which unfortunate man should continually recur to. With more time I saw more, and con- versed more ; and thought more of what I saw and conversed about. Alas, the farmers ! How many of them, even in Wiltshire, where they are most substantial ; with great farms, and great flocks, and great ricks, and great barns ; even in Wiltshire, how many of them pant with the dread of losing their all : how many, indeed, have already lost every thing ; and now only hang on the mercy of landlords, themselves hanging by a thread — a mort- gage foreclosing ! ! Rents behind : trade’sman’s bills unpaid : a bad sample to go to market with; GENERAL INTRODUCTION. CCclfu and even with the best, the market bad. These are now subjects of reflection for the English far- mer, while he lays himself down to rest, and can find none. How infinitely more to be pitied is he, than the Canadian farmer! He cannot rise from ruin by mere manual labour: down once, and down for ever: this day lording it over the poor ; to-morrow a pauper, IJiit who were so regardless in times of prosperity, as English farmers? who had so little public spirit, or feeling? and even now the mass of them only despond ; or worse than de- spondency, at the suggestion ofstupid landlords, sign irregular petitions for increased duties on imported corn ! I saw this actually going on at Warminster. I saw a good sort of a man running about among the market tables with a great parchment, soliciting signatures. Imported corn has not affected our markets for years: but no matter for that, Corn Bills must be amended!! While part of our far- mers sign petitions for duties, others are for no taxation whatever!! One Lord (Chichester), bids farmers trust io individual exertion on their farms 1 ! Another (Fitzwilliam), lets down his rents 35 per cent.*! ! While Mr. Cobbett enjoys the madnessand * On the subject of renis^ the following letter, which 1 had published in March, 1815, will speak for me: To the Editor of the Salisbury JournaL SlK, In your last Journal, an article under the head Com Bill CCcliv GENERAL INTRODUCTION. confusion : in Sussex to-day : in Norfolk to-mor- row; and next day in Huntingdon. To be sure, appears, as setting forth your own opinions and arguments ; and in the same paper Mr. Bleek favours us with his. Both of you, I conceive, are fundamentally wrong. Both, however, have written in that serious and argumentative style, which, while it eiltitles you to respect, demands investigation and exposure the more. You do not want the Corn Bill amended: neither do I: but the reasoning is very diiferent upon which we rest our opinions. Both of you treat the question as if it lay between individuals. The mere sinking of rent, you think competent to relieve the country. This is a very dangerous error; and the more so, as it inveigles the passions of a numerous body of men. Those in possession of money naturally think this money will be greatly increased in value with the lowering of bread ; and this will certainly be the case, so far, wdth money secured on land mortgage. Not so that capital which is invested in the funds ; and which is out of sight the greater proportion. The security of this vast capital must rest on the present factitious state of things; and rent is part of the material which maintains this state. The partial fall of rent would weaken this security: and a great fall would occasion a convulsion, which might blow up the very foun- dation of funded property. Rent is a substantial property; not optional, or relying on credit. Remove all the machi- nery which draws from land so much wealth to the public: remove the tenant, his stock and labourers, still a handsome rent or increase may remain to the landlord. In many cases, even while markets were high, landlords found more profit from their lands in grass than they could obtain by the inter- ference of a tenant’s skill, capital, and industry. The public, therefore, may be greatly mistaken if they take GENEUAL INTRODUCrroy. ccclr tlie ensuing session must afford us a lively scene of conflicting interests. The landed interest at it for granted that rent is subject ta such lowering, as to relieve the general pressure; or, that landlords may be driven to beat under, for the aggrandizement of others. They may for a time not realize their accustomed incomes ; but landed property will ever remain valuable, even amidst the wreck of every other; and would bound, perhaps, above its present pitch, if any convulsion should throw off the national debt. The grand practical question, I conceive, for all who would not look with an envious eye on the property of others, nor desire to see the bonds of society broken up, nor public faith violated, is to consider how the causes may be removed which have accumulated our burdens, and repressed our industry. In my opinion, we have here such scope, that Uie people want but virtuous resolution to put all to rights. Down with all taxes which affect industry, and let them rest on rents and idle capital: commute tithes; and devise measures, which may be veiy^ simple, for the abolition of pauperism. These would be virtuous and efficient efforts ; and I shall ever be ready to assist you and Mr. B. in bringing them to bear. So far from our national debt disheartening us, we should look to it as the pledge of what our national industry can effect; for not one farthing of it was created but tlirough the means of industry; and the same industry, continued and husbanded, may discharge it honourably at no distant day. Why then run foul of each other? Why talk of levels, while an ingulfing surge unfairly beats us down? Why look back to form odious comparisons between landed and funded property ? Had not every one a constant choice in the investment z 9 CCelvi GENERAL INTRODUCTION. death’s door, coming alive, and getting furious. The monied men still confident; and ministers at of his property ? The question is for the future time, and prompt decision is the very soul of our delivery. A manu- facturer turns the water from his mill wheel, and in one in- stant his motion is rest : he discharges his hands^ and each has a parish to turn to: he balances his books; puts his capital to interest, and retires to politics, and otium cum dignitate. Different, indeed, is the farmer. His capital is sunk in the soil, and upon stock which must remain for years to reproduce it ; and if he fails at a single term, his landlord may take advantage of embarrassment, and reap the harvest which he did not sow. He cannot profitably withdraw. He cannot safely proceed, and half a tillage stints the smiling plain.” For God’s sake, let no one think that agriculture can be sported with. A year’s ruin among farmers may derange the economy of many after it; and lay the foundation of a thousand troubles. If all the wealth, which it has afforded the nation of late years, has been extorted by taxation, and flung to waste, that should not beget prejudice against agricul- turists. The devouring fiend should be slain, but the indus- trious producer protected and cherished. The blow up of the nefarious Warminster meeting, gave, I believe, general satisfaction even among farmers; and as 1 was absent from the county, at that time, I seized the earliest opportunity, after my return, to thank Mr. B. for his well-timed aid in the public cause. I also enjoyed his first letter. His second does not coincide with my ideas. Had I the farm he instances, which by fallen prices may not] now be worth half the rent I had agreed to pay for it, I should contract my cultivation, or, perhaps lay the farm entirely down to grass, so that if I did lose upon the rent, my loss should not be increased by voluntary labour, which could GENERAL INTRODUCTION. CCclvii Vi non-plus, or only putting off the evil day with hollow expedients. How like to the time spoken not be balanced by additional produce. This is very dif- ferent from ‘‘ letting it lay waste, producing only docks and thistles,” I am sorry he should have said any thing about artificial scarcity having arisen out of increased capital, and thrashing machines. My opinion is quite the reverse. Had it not been for the increased capital of late years applied to agriculture, and the facility of meeting, by thrashing ma- chines, the sudden demands of a war time, prices would have been higher than they were. Notwithstanding the increase of capital, it never yet has been sufficient to do the general business of the country, as it ought to be done; and the dispatch which machines gave to farmers in bringing their corn to market immediately after harvest, had the double effect of lowering prices, and encouraging farmers to advance into speculation with too slender capitals. Farmers, ge- nerally, never can be monopolists, and it must always be for the country’s good when they are enabled to keep on a full stock. The misfortune both for farmers and the country, of late years, has been the small stock on hand. While the taxes of late years, have kept down the farmers’ profits, even in the midst of monstrous prices, the vast idle popu- lation maintained by these taxes, has devoured the plenty which his increased skill and industry were continually en- deavouring to create. It is our taxes which impoverish all ; which devour all. Why then should we turn our eyes from the taxes, and have them wander among delusive arguments f Let us leave off arguing, where all is notoriety. Let us leave off envyings in this land of freedom. Let us leave off strife, where there is but one cause. Let us all go up as friends to Salisbury next Wednesday, and with peaceable 3 CCclviii GENERAL INTRODUCTION. of by Mr. Hume, in his Essay on Public Credit, when “ Necessity calls, fear urges, reason exhorts, compassion alone exclaims and yet how easily could all be held in peace and security, were reason alone consulted. We want employment for the idle: we want consumption: we want money and enterprise; and we may have them all. We want retrenchment in wasteful expenditure; but expen- diture increased to the utmost on profitable objects : we want “ better soils to cultivate*:” we want rents reduced by the market price of wheat : we want industry relieved by withdrawing taxes from necessaries : we want our national credit sustained by upholding a due balance between substantial and fictitious stock, by taxing rents and interest: we v/ant the way prepared for unbounded freedom of trade: we want tithes commuted; and a reform of dispositions, but determined voice, proclaim — no taxes on industry — no corn bill. This, Sir, is my language before the public ; but let not the public misconstrue it. Let them mark its order; for there rests the safety of all. If the public oppose the coni bill, and do nothing more, they bring ruin on the country: — they Rob us of tliat which not enriches them, “ And makes us poor indeed.” Robert Goorlav. Deptford Farm, March 3, 1815. * This, I think, is said by Col. Torrens, the most impartial, ingenuous, and argumentative of the halfdiundred writers on Corn Laws. GENERAL INTRODUCTION. CCclix the poor-laws, connected with a grand system of emigration. What I said above as to English farmers holding out in these trying times worse than Scotch far- mers, I find confirmed. What has been reported in newspapers about poor-rates diminishing, I can again say, with greater confidence, is a wretched delusion. The burden is every day increasing. It cannot be otherwise. The paupers are breeding amain, and so it must be while the premium is continued for the breeding of paupers. Salisbury, containing less than 9,000 people, has 2,000 poor maintained by^ a rate of 12s. in the pound. The whole of the flannel weavers once kept busy by sup- plying the Spanish market, are now entirely out of work : to be sure, because Spaniards are now shaking off incumbrances, which repressed their own industry ; — priests and a world of abomination. With Lord Bathurst’s good will, I could relieve Salisbury of its burden, and make independent men of the flannel weavers. I could remove them to Upper Canada, and make them flourish there ; but what will rouse Lord Bathurst to any thought of benevolence ! how shall we get the camel through the needle’s eye ! I attended a vestry meeting at Wily, and saw the poor have their fortnight’s dole. Mercy on us ! what a group of poor creatures ! It is greatly worse with them now than five years ago, when I resided in Wiltshire. Before going out to Canada, I spoke to my friend Wilkie about making “ Pay- ing THE Poor of Wily,” a subject for his ccclx GENERAL INTRODLCTlOiV. pencil. I thought of thus getting attention to the effect of the poor-laws, in degrading our species, in diminishing the stature, and worsting the ap- pearance of God’s image. Were the system of poor-laws to continue thirty years longer, the la- bourers of Wiltshire would scarcely have the ap- pearance of men : they would be shrunk to no- thing: they would not only grow up, as now, without calves to their legs, but they would be dis- torted — diseased — downcast. Perhaps they would . prove Lord Monboddo’s hypothesis to be sound *. If the writer on poor laps in last Edinburgh Re- view, did but see the progress of the evil as I do, he would not coolly admit of a poor relief bill being put off for years. An effort must be made for deliverance from this frightful evil, and the sooner the better. 1 have found Mr. Scarlett’s proposal for a max- imum every where scouted; and the assertion of my petition (page cclxxxv), that refusing relief for children without making up to the poor some substantial advantage in lieu of it, would certainly lead on to insurrection. I have found, what I am glad of, that there are, even Wiltshire farmers, who now approve of my plan of granting a little land to the poor. They are yet, how'ever, opposed to education. In Wily, there is a school with twenty ♦ Lord Monboddo, a Scotch judge, maintained that men had improved from monkeys: that they had once tails; and said that one of his own domestics still had a stump remaining. GENERAL INTRODUCTION. ccclxt children ; but though the farmers were willing to let poor children attend, many of the parents are unable to pay the charge of 6d. a week. The in- formation which I received in April last (see note, page cxxii), as to the school established in Wily by labourers, I have now got corrected. Stephen White, Joseph White, Philip Bennet, labourers; with the assistance of Mr. Brandis, schoolmaster, and a person from another parish, have the merit of upholding this school, in spite of opposition. It is a Sunday’s school. Nearly 100 children attend regularly, and receive great benefit. I again ask, “ Should such people not be assisted by go- vernment ?’’ Select vestries have been established in a good many parishes in Wilts, under the act of 59 Geo. 1 11. chap. 11, 12. There is one at Wily. The farmers find them convenient. To be sure they are now made judges in their own cause ; and there is no summoning of overseers. Convenient, indeed ! The tyranny of the poor-laws has been strengthened by it; but better is the absolute power of the farmer over the poor than the wretched vacillating will of magistrates, especially reverend ones, which used to decide in petty sessions. A improvement on xheyi'eal bad system, has been made since I was resident in Wily parish, by paying the poor by what is called “ the scale.” In- stead of each member of a family getting a gallon loaf and threepence: a man is allowed the loaf and sixpence: a woman, and children above twelve years of age, the loaf and fourpence : children from CCClxii GENERAL INTRODUCTION. eight to twelve years of age, the loaf and twopence j and children under eight years of age, the loaf alone. This certainly is an improvement on the artificial system ; but the desideratum is to get quit of artifice. This scale suggests a gradual raising of men’s wages and diminution of the children’s al- lowance, and it would be well thus gradually to proceed till the artificial practice was extinct. Let Mr. Scarlett notice this, and I shall tell him more when willing to listen. The Lord of the Manor of Wily, who used never to concern himself about the parish poor, has now taken a little thought on the subject. He has re- peatedly visited the parish ; and tried to collect pennies from the poor labourers to put into a savings bank for clothing them ! Notwithstanding this great effort, it is very palpable to my observa- tion, that the poor of Wily are now even more ragged than they used to be. When the poor re- ceive the fair and natural price of their labour, di- rectly from their employers, savings-banks may be rendered of infinite consequence: till then, and while parish regulations equalize the pay of weak and strong ; — when nothing but the minimum of misery is allowed, relief by savings-banks is but mockery. My prolonged stay in Wiltshire afforded me op- portunity of conversing with Mr. John Combes of Fovant, who with a party visited Mr. Birkbeck, in Illinois, September, 1818. I had seen an account of this visit, published in American newspapers, from the Observer London paper, of 17th January, G£N£RA.L INTRODUCTION. CCClxiii 1819, wherein it was insinuated that Mr. Birkbeek had been inattentive to his visitors. I was very sure that the account was incorrect, and so I found it to be from my conversation with Mr. Combes ; who said that it was “ harsh.” Mr. B. had no means of accommodating visitors. Mr. C. ad- mired the country; but found it unhealthy, which all new countries are at first clearing, south of la- titude 43". north, getting more and more so, as we proceed southward. Mr. C. does not doubt of Mr. B. succeeding, and told me he would make a for- tune if a certain public road was conducted through ' his estate. Mr. C. decidedly prefers the western to the eastern states for settlement. I had the following Address inserted in the Salisbury Journal of January 14th, 1822. To the People of Wiltshire. Having visited tliis County, partly on business and partly on tlic recovery of health, I have taken occasion to post hand-bills in the several towns of Warminster, Salisbury, and Devizes, printed for me in March, 1816, by Messrs. Brodie and Dowding, and setting forth, that, " a property tax on KENTS and interest is that, and that alone, by which the country can be preserved in peace.” This act, taken by itself, may be considered frivolous : taken in connexion witli circumstances, I hope it may be viewed quite otherwise. Permit me to explain. In the spring of 1816, having a company dining with me at the Antelope, in Salisbury, a person introduced himself, and asked us to subscribe a requisition for a county meeting to petition against the continuance of the property tax. The requisition was already signed by Wm. Cobbett and Henry CCClxiv GENERAL INTRODUCTION. Hunt; and it was indeed Mr. Hunt who had employed the person to solicit our names. I said, that if a county meet- ing was called, I should oppose the Requisitiouists, and vote for a well modified property tax. The meeting was held: Messrs. Cobbett and Hunt carried all before them; and thousands of poor men, who never were affected by any kind of property tax, and to whom a rousing tax on rents and interest would have been the greatest blessing, cheered, with their utmost breath, the resolutions of the day ! ! I was quite aware how it would go; but having very deeply con- sidered the subject, was desirous to register my opinion for after reference. A natural defect disqualifies me for public speaking, and for that reason 1 had tlie bill in question printed off while the people were assembling, to give it into their hands from the hustings. The resolutions of the county meeting were most irregularly and unbecomingly opposed by a counter petition to parliament, and, in con- sequence of this, I wrote an article, which w as published in the Salisbury Journal of 1st April, 1816. Being in Upper Canada in 1818, I found that country, by nature the finest in America, completely ruined, in ray opinion, by mal-administration, and advised the people to send home a commission to entreat the government to cor- rect existing evils. This proposal brought upon me the wrath of men in power, and on false allegations they had me arrested in two different districts. I w^as twice tried, twice pleaded for myself, and twice honourably acquitted. Soon after this, the London Courier of the 8th July, 1818, arrived in the province, setting forth that I was one of the worthies who escaped after the disgraceful proceedings of Spa-fields.’* This most infamous falsehood w'as instantly seized upon by my enemies as the ground-work of fresh per- secution. The most atrocious calumnies were fabricated to injure my character, and it was publicly declared that I and Hunt had the death of Cashnian to answer for.^^ 1 was now again arrested, under colour of a statute, applica- GENERAL INTRODUCTION. ccclxv ble only to aliens; and, the leading charges being, that I knew Messrs. Cobbett and Hunt, and had been at Spa- fields meeting, I was ordered to leave the province. In my right as a British subject, I refused to obey, and was then committed to jail, where I remained without benefit of bail, for nearly eight months. During the last six weeks of this period, being closely shut up in a cell, while the weather was intolerably hot, cut off from all communication with the press, and for some time denied free conversation with law^ counsel, and even magistrates of my acquaintance, my health declined, and my mental energies became altogether weak. At the assizes I was brought up for trial, but the fresh air proved too much for me. I forgot that I had a protest in my pocket against trial, under the alien law, consented to trial in a state approaching to delirium, and was banished, not for any crime, but merely because of my refusal to leave the province. While yet in expectation of a fair trial on some specific charge for crime, I sent to England for a copy of the Salis- bury Journal of the 1st of April, 1816, to prove how very opposite I was in political opinion to Messrs. Cobbett and Hunt; but though this arrived in time, and I had with me a pamphlet published in England, wherein I deprecated such great irregular meetings as those of Spa-fields, all went for nothing. Before my trial I was desirous to an- nounce to tlie public my receipt of the Salisbury Journal of 1st April, 1816, together with the opinion of Sir Arthur Piggott, that I was illegally imprisoned; but though appli- cation was made to the SheriflF for this liberty, it was refused, and on my trial a feeble effort to produce the newspaper was immediately resisted by the Attorney-General : such was the dread of my enemies at once to prevent my reputa* tion from being maintained, and their own mchedness, in holding me in jail for a mock trial, being made known. I wish not to be invidiously distinguished from any man or set of men in politics : not even from Messrs. Cob- m '''W !'?* If S if ip' f W 1 1*111 1 I r i j m ■ 'rv GENERAL INTRODUCTION. bett and Hunt. I am as zealous for parliamentary reform as they, and have long been so ; but it so happens tliat there is not in England an individual more hostile to their means of bringing about reform than myself. I wish it ac- complished without the intervention of passion or force; — by peaceful, orderly, and manly measures on the part of those who desire it. Having by no means given up hopes of getting inquiry instituted into the state of Upper Canada : having views of still holding connexion with that country; and being bound in duty to myself and family to uphold my character both at home and abroad, the object of this Address, to which the posting of the bills was merely intended as an introduction, is to challenge scrutiny and exposure in this county, where I resided for upwards of seven years, regarding my conduct or connexions — my private and my public life ; and I do challenge my bitterest enemy to say aught to my discredit. I came to Wiltshire, not as a common farmer in search of a livelihood, for I was then independent of all professional exertion, and my ultimate failure arose from no fault of mine. I came to reside in Wiltshire in the year 1809, chiefly with a view practically to study the system of the Poor Laws, a subject to which I became devoted in 1801, in consequence of being then employed by the Board of Agriculture to inquire into means for bettering the condi- tion of the poor ; and it is also a fact, that my efforts in Upper Canada were stimulated by a desire to have that delightful country thrown open to a grand system of emi- gration, in connexion with a plan for the reform of the Poor Laws. It is two years since I returned from America, and during these two years I have struggled under miserable health and accumulating distress of every kind, to reach a great and a good end, altogether distinct from that of any other po- litical projector: my opinions are altogether peculiar to myself; nor had I ever in Britain a single associate in GENERAL INTRODUCTION. CCclxvil politics. 1 liave now in tlie press, and nearly ready for pub- lication, three volumes regarding Upper Canada and the Poor Laws of Lngland, which will go some length to speak, not only for the purity, but consistency and magni- tude, of my views. Sorry I am, that worn out with sicken- ing cares and adversity, my powers of execution have fallen short of their object, and have become too feeble for the mighty cause which I desire to plead, — the cause of the English Poor, and of a benighted province of the British Empire. Since my return home I have twice petitioned Parliament on these joint subjects, and during the ensuing Session shall resume my suit, besides making appeal as to my in- dividual sufferings in Upper Canada, which has been delayed for want of witnesses, now happily within reach. In such cases, before a British Parliament, an individual can have little chance of hearing without the aid of public notoriety and fervor in his behalf, and I shall not hide my anxious desire to be thus assisted. In Wiltshire I am sure there are many who wish me well. A suitor at once in a great public cause, and for my birth-right, as a native Briton, perhaps I may even take advantage of an incident, which otherwise, so far as I was concerned, might have rested in silence,— an incident which will testify tliat I can feel for another as well as for myself— that I am not destitute oi sincerity. Coming hither from London on the night of the 24th ult. in the Old Salisbury Coach, a poor man was found drowning in the flood near Staines. I hastened to his relief, and plunging thrice to the neck, rescued him from a watery grave*. May I hope, from this incident, to strengthen belief, The accident alluded to, page ccclii.— About two miles from Staines, a gravel pit runs for some distance alongside of the high way, unguarded with post and rail. This was filled with water, and overflowed to some distance round by the flood CCClKviii GENERAL INTRODUCTION. when I declare, that for twenty-one years I have been de- voted to the cause of the poor of England; and that in then rising, which in a few days afterwards inundated the whole country in that quarter, to a degree unprecedented. A London postboy, lost in the dark, had drove his carriage off the road, and overturned it in the gravel pit. Part of two wheels only were visi- ble above the water’s surface, and the poor man, upheld by t epo e or horses, beneath him, stood immersed to the lips, and had so stood for about half an hour, roaring out most piteously. Our coach drawing up, I hastened out of it to get to the man ; but sinking into the pit beyond my depth, and being no swimmer, I escaped with difficulty, then secured from fatal consequences by the coach traces tied together, and round my body, I suc- ceeded in dragging the man ashore. Hearing that the Road Commissioners had often been unavailingly complained of for their neglect in leaving so dangerous a place unguarded, I wrote to a friend in town an account of the affair, calculated to attract notice to this neglect, bidding him give it for insertion in the Newspaper, but withholding names. The account appeared in the Morning Chronicle of 29th December, and being imme- diately copied into other papers, had the desired effect. On r^ turning to town, I found the following letter published in the Statesman of 3d January, 1822. To the Editor of the Statesman. Sir, Having observed in your paper of last night, an account of an accident to a carriage and horses, and the driver, which hap pened near Staines on Christmas eve ; I beg leave, as proprietor of that equipage, to return, through your means, my most grateful acknowledgments to your correspondent, the gentleman passen- ger by the Salisbury coach, to whose humane, prompt, and per- severing endeavours, I am indebted for the recovery of the car- riage and one of the horses; and my servant, the driver, for his rescue from the perilous situation into which he was thrown, by the shameful neglect of the Commissioners of Roads, of that ornkral INTRODUCTIOX. cccixix Upper Canada I never entertained a desire either disloyal or Ml any way impure— that my every effort there was bent on making that country a profitable and honourable appen- dage to the parent State, instead of a burden and reproach, which, hitherto, most assuredly it has been. ROBERT GOURLAY. fVily, Wilts, 9th January, 1822. The article above spoken of, as published in the Salisbury Journal of 1st April, 18 If), was this. To the Editor of the Salisbury and Winchester Journal. Sir, Your last Journal contains the Resolutions of a meeting of this county, regularly called together by the sherifl; and countenanced by his presence. It also contains a petition of individuals affecting to be noblemen, clergymen gentlemen, and freeholders of Wilts. ’ district. I think it proper to add, that my sense of the duty I owe to the public at large, has induced me to direct my Solicitor to make application, in the proper quarter, for redress, and hope It may be the means of preventing the recurrence of similar ac cidents in future. I am, very respectfully. Sir, your obedient servant, CHARLES GATES. Adam Street, JV td, Bryamtone Square. Sunday, December 30 , 1821 . Though I have not yet quite recovered from the effects of my cold bath, the satisfaction of having saved the life of a fellow creature, is quite equivalent to my damage ; and at a gloomy mo- ment of existence, such satisfaction I prize the more. But for the coincidence, that I was on a journey to Wiltshire, to appeal * ff ^ ** *** uprightness of principle and conduct, the air should certainly not have been repeated with my signature. a a ccclxx GEIKERAL INTRODUCTION. The resolutions of the meeting, set forth certain opinions, in language pointed and strong. The petition disavows the principles of these resolutions, and stigmatizes the supporters of them as factious men. Having, at the county meeting, openly expressed my dis- approbation of part of its resolutions, I conceive that my right of animadverting on this petition, to which they have given rise, is so much the better; and I do not hesitate to say, in the face of all who may have signed it, noblemen, clergymen, gentlemen, and freeholders, that if the county resolutions were in any thing wrong, this petition is infinitely more censurable. I am not one who have either much relish for county meetings, or much hope of good from them ; yet, as they are constitutional, and have for ages afforded the chief op- portunity for the expression of public opinion, I must say it omens ill, to see individuals, whoever they may be, running from these meetings to arrogate to themselves superior virtues, and presuming not only to throw discredit and ob- loquy on the combined sentiments of their fellow subjects, but loading deserving characters with insidious and reproach- ful language. Who, I would ask, is entitled to fix the standard of sen- timent ? Or rather, who are factious men ? They who attend to the call of the sheriff, and express, under his auspices, their opinions f Or they who fly to all the corners of the county to find strength for scandalizing, in parliament, the result of regular proceedings f The universal excuse is, that Hupt and Cobbett should not be countenanced; and a ipore w’retched plea cannot possibly be set up. Almost in every quarter of the kingdom meetings were held to oppose the property tax. In Wiltshire there w as no movement towards this, till Mr. Hunt came forward, and procured a meeting. If it was right elsewhere to hold meetings, it was right here. If it was virtuous in other CKxVERAL introduction. Ccclxxi individuals to call for the expression of public opinion, it was so in Mr. Hunt. If the public duties of a county are neglected by those who should be foremost to perform them, surely such persons should be the last to complain when these duties are performed by others. What is it that makes Mr. Hunt popular in Wiltshire, but the advantage he finds in neglected duty ? He and Mr. Cob- bett do not deny this. The latter declared at the meeting, that he would not trouble himself in this quarter if tlic gentlemen would do their duty. Have they done their duty ? Are they now doing it by vamping up this counter petition ? Quite the reverse. If they had auy public opinion, the county meeting afforded the genuine opportunity for the expression of such opinion; and, after neglecting the fair opportunity, ali opposition is clearly unbecoming and fac- tious. The county meeting was open to all : whoever set it on foot, whoever attended it, made no difference,— it was still the county meeting; and when past, its determination re- main that of the county, and as such should be respected. If the gentlemen of Wilts wish to oppose the opinions of Mr. Cobbett or Mr. Hunt, why should they be afraid to come forward? If they had done so upon this occasion, most assuredly the present resolutions would have been negatived, or at least greatly modified, and a check would have been given to the sway of Mr. Cobbett and Mr. Hunt. How has it been in Hampshire ? There they have repeatedly made their appearance, but they have been opposed— con- stitutionally and successfully opposed. In W'iltshire they carry all before them ; and for their opponents in political opinion, there seems no consolation but in the prostrations of a passive spjrit to one party, and the disgorging of sp^en towards another. These frank declarations may give offence ; but I speak for myself only, and wish to command no conviction but what reason and reflection can approve. CCclxxii GENERAL INTRODUCTION. I do not hesitate to say, that in many things I cordia% agree with Mr. Cobbett: in some I w ould oppose him with all my might. He cannot wish more than I do for par- liamentary reform ; he cannot express too strongly for my taste an abhorrence for military despotism; but when he comes forward with a scheme for relieving the pecuniary embarrassments of the nation, which is to take a retiospec- tive view of transactions, and call for the lefunding of pro- perty out of the peculation and waste of times that are gone, not only my faith in his sincerity is lessened, but my blood runs cold with the imagination of such dangerous fallacy. While his scheme would be inefficient for the end in view, it would subject thousands of the innocent to misery: it would introduce a reign of terror. Mr. Cobbett has, for months past, in his Political Re- gister, engaged the attention of his readers with the subject of national remedies; and here he has displayed his usual acuteness and penetration in exposing the errors of others. When it comes to this his own wit’s-encl on the subject, with what melancholy sensations of every kind must we be in»- pressed ? Mr. Cobbett’s idea of refunding is not of recent date, though only now formally declared. He has hinted at it for years ; and it is truly astonishing, that a mind so superior could have so long harboured a thought so delusive. No man knows better than he does the vast resources of this country; and how easily the burdens of the people could be lightened without any retrospective law, merely by just and economical arrangement. He knows that the very ex- istence of our enormous debt is the best pledge that we have resources for paying it off ; and he cannot be ignorant that, with stable credit, price w’ould rise to equalize so far the present ruinous disproportion between real and ticUtious property. My notions as to the remedy for national distress have been long stationary. Last year, in a printed letter, I con- CtENKKAI, INTRODIK^TION, CCclxxiii densed iheni within this short sentence: Down with ail taxes which affect industry, and let them rest on rents and idle capital; commute tithes; and devise measures, which may be very simple, for the abolition of pauperism.’' This year, I read at the late meeting, from a printed hand-bill, the following scheme, which, as something very extraordinary must soon be done, is as practicable as any other equally efficients — A property and income tax is that and that alone by which the country can be preserved in peace. While it is withdrawn from the fields of industry, let it remain on the wastes of idleness, — let it affect only rents and interest, and let incomes proceeding from tliese be further taxed, in the ratio of their Increase. Let such incomes at 1,000/. per annum be charged with one per cent ; at 2,000/. with two per cent.; and so upwards to 100,000/. per annum, where the ratio of increase may safely terminate. This scheme would admit of all taxes on malt, salt, soap, candles, leather, bricks, tiles, &c. &c. being withdrawn. It would sustain the national credit, check immorality, give spirit to industry, and make the poor man’s face beam with joy.” ROBERT GOURLAY. Deptford Farm, March 28, 1816. One reason for .my here inserting these news- paper extracts is, that my Canadian friends (for such I boast of having, notwithstanding my seve- rities to them as politicians) may read the simple document which an illiberal, up-setting Attor- ney-General would not suffer to be read in court; and see that I can challenge scrutiny here at home; but my chief object is to draw attention to these words, price would rise.” To point to these words now that price has fallen, and Ixxiy GENERAL IJ^TRODUCTION. Mr. Cobbelt, with Lord Fitzwilliam and others, have made up their minds that it will fall still lower, may seem wanton folly ; but I shall stick to my text, and if no malignant star, to borrow a proviso from Mr. Francis Moore, comes in the way, shall prophesy that they will even rise. There was no person more thoroughly convinced than I was for many years before the peace, that price would not keep up so high as it had been ; but I am as thoroughly convinced that at this moment it might have been kept up much higher than it now is ; and the question is vitally important. Price de- pends much upon demand, and demand upon con- sumption. The price of an article too, is often re- gulated by the strength to hold. A needy man can never obtain so high a price for hi# goods as a man at ease in his circumstances. Well do I know it. What has made the price of a farm in Canada with a log-house, as spoken of above, in the extract from the Times newspaper, “ less than the usual law expenses incurred to aflrect the sale That is not the natural price, and cannot continue as it is. The absolute poverty of the holder has gone so far to produce the effect ; and want of demand, from stagnation of trade and general poverty, has summed up the poor account. Ever since the funding sys- tem and paper money had existence, there has, I presume, been stagnation, and the price of land and its produce has fallen at the termination of Wtir. This happened to a great extent after the American revolutionary war, and now to a greater degree, clearly from a too sudden stop being put to 1 CENEnAli INTRODUCTION. CCclxXT activity. I would have the reader pause, and fix this very word, activity, in his mind, as important. The activity of war has destruction for its main object: yet in spite of this destruction, — this waste, such is the virtue of activity that a surplus of gain may be secured by it. At the end of wars, ac- tivity, stimulated by the violent passions which make and maintain them, is too hastily checked. It is checked from the subsiding of passion, when it should be excited more and more, only having its direction changed from destruction and waste to profitable production. The fall of price was great- ly owing to the lessening of Government transac- tions with peace, and the consequent diminished issue of Government paper. Suppose Government had continued transactions and expenditure to the full extent in peace as in war; only with this dif- ference, that those to whom they paid out money, had been employed profitably instead of wastefully — had been industrious farmers and mechanics, in- stead of soldiers, and officers of soldiers, what now would have been the issue? Certainly, among other effects, price would have been kept high, and all would have been prosperous. Every thing, on the contrary, has been done to lower price : trans- action and excitement have been lessened ; con- sumption has decreased ; industry has pined : Itis idlesse all; “ Knight, and Page, and household Squire,” Loiter I” loiter I loiter I We may keep up an immense army in peace ; we may pay away forty millions of interest of debt, to ceclxXTl GENERAL INTRODUCTION. maintain idlers; but we cannot do it by idleness; and now more than half the people of England are idle ! Price has increased in modern times, not ' merely from the issue of Government paper, but from the trade of banking. That trade will im- prove ; and as confidence gets established, will more and more furnish means for rational and well-digest- ed adventure. Though taxation and Government were put down together, and for ever, paper money would circulate and circulate more and more freely, as men became more and more worthy of confi- dence, by greater intelligence, and more steady habits. Paper money has not caused the present distress ; but the cessation of that activity which kept it afloat. This is truly worthy of attention, and yet it has been entirely kept out of view, or never thought of. Let profitable employment be found for all that are willing to work : let Govern- ment again issue its paper in every direction, where it can yield a certain return, and, undoubtedly, mankind may flourish in peace, as well as in war : undoubtedly we may keep faith, and fulfil our engagements with public creditors. When confined in Niagara jail, I addressed the Representatives of the people of Upper Canada, about to meet in Parliament, with a view to attract notice to the principle which I here but poorly do justice, to. I shall, now that the British Parliament is about to meet, copy in my Address, as it was printed in the Niagara Spectator newspaper, and let it beexjwsed to scrutiny, in a country w here there is no want of mental discernment, and at a time GKNKUAL INTRODUCTION. CCcIxxvii when Ihe spirit of should be roused, even for the salvation of the empire. 1 purposely let my ideas go loosely before the public. I have full con- fidence in my fundamental principles, and when I am attacked, I shall be ready to defend. I have written below the title postscript, “ chiefly for after reference and discussion and I have done so, inviting challenge. NIAGARA SPECTATOR, JUNE 10,1819. TO THE PARLIAMENTARY REPRESENTATIVES OF THE PEOPLE OF UPPER CANADA. Niagara Jail, 7th June, 1819. Gentlemen, It is a lamentable fact, tliat men will sometimes continue to bate those whom they have injured, for no other reason, but because they themselves have already done so much wrong. Having made this remark, I shall not apply it to any particular case, but wish that all of us, for the future, may be guarded against a propensity so very detestable, and ruinous to human felicity. You are this day meeting together, to legislate for your country; and I, driving from my memory all past occur- rences, looking anxiously to the eventful moment, and keep- ing only one object in view, viz. the general good, have con- sidered by what means, and to what eiid, your labours may be most beneficially directed. With a mind thus abstracted and serious, knowing that you are not prepared to go so far as could be wished, it seems prudent to confine myself to that which is most likely of being accomplished. In my earliest reflections upon the political condition of this province, I saw restraints which greatly retarded its im- provement, and which seemed so obvious, tliat 1 could not doubt they would be speedily removed. The greatest im- CCClxXviii GENERAL INTRODUCTION. mediate restraint seemed to arise out of the state of property, to which there appeared a simple and effectual remedy in the adoption of a new system of taxation. To this subject my attention has been very often directed ; and to this I would MOW beg leave to call particular notice. It is not vanity to say that I have, for many years, devoted much reflection to the subject of taxation, generally. It is merely stating a fact ; and liberal minds will admit of my frankly communicating some of the results, without being moved by this or any other passion. My reflections have led me to believe, that the chief per- fection of Government is to be looked for in the adoption of a correct and just system of taxation. This, I am convinced, may be so regulated, as not only to contribute sufficiently to every public enterprise, but to command the destinies of power and property, every way to good. Mankind have looked with astonishment to the mighty achievements of England. They have seen her, single- handed, t^ontending with Europe, — nay, almost with the world besides ; and they have seen her rising in strength as effort was required; — they have seen her unexpectedly prevail over innumerable difficulties. Whence has she derived her strength ? From her system of taxation. In former ages, the energies of our species have been called forth to war, as furiously as we in our day have witnessed. In former ages, we have seen those energies sometimes elicited by superior genius, and sometimes impelled by the influence of accumulated treasure ; but, till this age, never did the evanescent skill of the financier fully display its powers ; never did human policy so completely excite and control human exertion ; never did w^aste, to such a degree, induce excitement; nor excitement so completely supply the de- vouring jaws of waste. Often have I wandered in my fields at home, ruminating on the principle whiclr upheld our national greatness : often have I indulged the blissful reverie, that it was possible to GENERAL INTRODUCTION. ccclxxix make the same principle operate in time of peace, to the in- crease and enjoyment of our kind, as, in war, it had been bent on destruction and misery. But where — where, I would say, is there room for action ? This little island already overflows with people : every spot is cultivated — every art driven to perfection. Arrived in Canada, surveying its boundless fo- rests and its noble river, there were at once before me scenes of action, objects of employment, and incitements to exer- tion. What more is wanted here, but to give the first impetus to motion? And what may not motion effect — what may not be its wonderful increase i — But before coming to the point of action for Canada, let me glance at some of those circumstances which have enabled England to display such mighty power. Her system of taxation is not one which could primarily have been brought into full play ; neither could it at all have been practicable in every country. Eng- land, happy in her local situation, contains within herself more natural advantages than any other spot of equal extent ; and her population, sufficiently great and dense, is. pent up and secure by the surrounding ocean. In England, honour and shame are made to toil together. There ambition has the highest range, and necessity the direst spur : — there, from poverty to extreme wealth, we behold a highway, but it is crowded, and only he who labours hard can get on. He looks behind, and is terrified with w^ant: he casts his eye before him, and longs for the glittering prize. Competitors pant by his side : there is health, there is vigour, there is joy in the race. Where, in the wide world, do we see mankind so busy, by night and by day, as in England f In England, at all events, there must be action, and in action there is gain. It was from the extraordinary increase of this action, arising from a variety of causes, that the means were created which sustained the late war. The Government sent abroad its armies, and tens of thousands were annually slain ; yet the waste of life was inferior to the supply, and population conti- nued to increase. The Government squandered its hundreds cod XXX GKNERAL INTRODUCTION. of millions, but the monied means became more and more ready at command. In all this, there was no miracle. A full inspection of the materials and machinery, is sufficient to ac- count for the wonderful results. Mere population, however great, will do nothing without excitement ; nor will wealth alone continually sustain exer- tion. China swarms with human beings ; but they are things without passion, — feeble, and tame — loiterers in the paths of improvement. Spain had her treasury long replenished from Mexico and Peru; but her wealth served, ultimately, only to enervate ; and her body politic, as well as her people, be- came plethoric and dull. England has wealth, directly pour- ed into her from the West and East Indies, besides the gene- ral profits of trade ; but this wealth flows not immediately into the Treasury. Its course is better directed. It first spreads out among the people ; gives pleasure to tlie rich, an aim to the ambitious, and employment to the poor. An in- ward flow of wealth so very great, would be ruinous to so- ciety, had it no vent : it would tend to repletion, and reple- tion w’ould induce disease. The war afforded vent to the vast surplus of English wealth, as well as for her spare po- pulation. In one sense, it created health and vigour. The cessation of war has, in some respects, already produced lan- guor and disease : it has diminished consumption, and stopped up the ducts of beneficial w^aste. War and waste were, of tliemselves, to be deplored ; but so tar their effects were good. The desideratum now' is, seeing that such agents have promoted beneficial action and production, to draw forth activity, and thence have production by peaceful means, and for peaceful ends. I have not lauded, and shall not laud, the English system of taxation, as one w hich I approve, or should wish to see imi- tated. It has rested on oppression, and has begotten oppressors. I have spoken of it only as it has displayed the wonderful efforts which mankind can make, with sufficient excitement. The English system of taxation w ould never have been made GENERAL INTRODUCTION. ccclxxxt SO productive, but by a corrupt representation of the people. With the people, Boroiighmongers have no common feeling : nay, their interests run counter ; and, as tools of the Minister, they are altogether perfect. They are the handspikes which squeeze from the grape the wine which itself would not yield. No system of this kind can be established here. The people, fairly represented, will not endure that degree of pressure which is required, to put industry to its full stretch ; and M'hile there is not sufficient necessity to goad, there is a want of ambition to lead on. Still, however, nature presents here most inviting objects for exertion, and when the course is fairly opened, the race may not be slack. 4^^ In contriving the system of taxation which now has place in this province, no thought, I am convinced, was bestowed on the effects which might be produced from one system more than another. It was only considered how the required means, for Government purposes, could be most directly pro- cured. At first, money was only seen in shops and taverns ; and a licence upon these was adequate, for a time, to afford the little wanted. By and by, the farmers’ stock increased, and the principle of taxing property, according to its value, was adopted. As a burden, taxes are here trifling ; and it is a saying, that without challenge, all is well. The wild lands of absentees being untaxed, first gave rise to complaint. To tax the lands of absentees, has been the object of repeated motions in Parliament ; and a Bill, for this purpose, got so far as to be printed. The order of the day now is, that they must, at least, be made to contribute to the improvement of roads. I am to propose that they shall do more. In fact, 1 mean to strike at the root of the present system of taxation, and exhibit an entire new one for adoption. I shall first briefly sketch out my scheme, then pull down the old one; and, lastly, set forth what effects may be produced by the other, when substituted in its place. My proposal then is to have but one tax for the collec- tion of revenue in this province — a general land tax, making occlxxxii GENERAL INTRODUCTION. no distinction whatever between w'ild and cultivated land, public or private property, that of residents or absentees; the rule of estimating value to be governed by one consi- deration, the rate of population of tlie township in which the land is situated, taken in conjunction with that of the neigh- bourhood. A few examples will best illustrate what I mean. Let us take it for granted that the average value of land throughout the province is 20s. per acre, and the average rate of population, 1,000 souls to a township of 60,000 acres. Say that township A has this precise population and extent, is bounded nine miles by the lake or river, of wliich no ac- count shall be taken, nine miles by Township B, containing 3,500 souls, nine miles by Township C, containing 1,500 souls, and nine miles by Towmship D, uninhabited, or, by uosurveyed land. Township A being within itself at par, and, thus bounded, remains at par, viz. 20s. per acre. Say again, that Township E, of equal extent as Town- ship A, contains 1,500 souls, is bpunded nine najles by F, containing 1,000 souls, nine miles by G, coi^taining SOO souls, nine miles by H, containing 1,800 souls, and nine miles by I, containing 2,000 souls. Thus situated, the land of E shall be reckoned worth 28f. Again, say that Township R, of equal extent as the above, contains no inhabitants, and is bounded by Townships S, W, and X, containing, respectively, 500, 400, SOO, and 200 souls. This will make the land of R worth 5s. 7{d. Again, say that Township W contains 500 souls ; and is bounded by Y for nine miles, containing 1,000 souls, and on the other three sides by uninhabited land. This will make the land of W worth 6^. per acre. These examples sufficiently shew the principle upon which I would have the value of land estimated. A Town- ship may contain more or less than 60,000 acres, or it may be bounded by more than four towmships, and perhaps irregularly. In such cases a littl^ more calculation only is wanted to give an equally fair result. The idea of raising all GENERAL INTRODUCTION. CCclxXXlii taxofi from land, is not new. It has often been the subject of political discussion; and often have 1 mused upon it before my acquaintance with this country. In an old coun- try, many objections start up against its adoption; here I know of none. Throughout the whole province nature has wonderfully equalized the value of laud. What is belter in point of quality, is generally worse iu point of local si- tuation ; and, at this early stage of settlement, minute dif* ferences in this respect are of very little consequence. The simplicity of such a scheme — the economy and ease of management are highly to be prized. If the owner of land is out of the country, or tardy in paying his assessment, an entry of debt can forthwith be made against him, his account to become chargeable with compound interest, a half per cent, above the ordinary rate; the law declaring this debt inseparable from the land, and preferable to every other, while it gave a power of sale for recovery, at the termina- tion of a given number of years, say 10, 15, ot 20. The perfection of a land tax, in a new country, is obvious, so far as speculators must either settle, sell, or pay for their profits. Having said thus much of what I propose for adoption, let me briefly state wherein the present system of taxation is erroneous and impolitic. In the first place, rating all wild land at the same value of 45. per acre, is glaringly wrong. Some wild land in remote situations being worth less than even 45., while other wild land is worth ten times as much. In the second place, it is very unfair to rate a lot of wild land one farthing less than a Itof cultivated land, to which it is immediately adjoin- ing. The wild land rises iu value merely from the labour bestowed on that w'hich is cultivated, and, in strict justice, ought rather to be rated higher, from the consideration of its being a nuisance. The revenue from Town lots is a baga- telle, which should be left to the controul of the inhabitants of the towns respectively, for their immediate comfort and convenience. Taxing houses, and their fire-places, in a new ccclxxxiv CrENKRAT. INTRODUCTION. country, is a sin against nature : good houses should rather have a premium. Taxing mills is damnable : taxing shops and storehouses is nearly as bad ; but, when we get among the taxed horses, the taxed milch cows, and the taxed horned cattle, what can we do but laugh at the monstrous absurdity, and think that the whole scheme was contrived by an ass ? Suppose a mechanic, whose daily bread is earned by his ten fingers, has a certain w'eight continually to bear about with him, I should think tliat, if he could not distribute the burden equally over his body, that somewhere between the shoulders might be an appropriate situation for the mass of it ; but certainly, not a single grain should be allowed to entangle the fingers, or even the parts adjoining. Husbandry stock, shops, and mills, are the very fingers of industry, and ought, at all events, to go clear of incumbrance. (See the Table of Assessment, vol. 11. page 355.) Wlien we see any thing very far wrong, and but feeble efforts employed for amendment, we may with some reason suspect that there is a snake in the grass. To excuse the ass above-mentioned, I have occasionally thought that the present system of taxation had been introduced by some law-beleagured judge from England, partly perhaps under , instructions from the landed oligarchy, or partly besotted with the notion that Mr. Pitt’s practice was correct, of run- ning into every corner to tax the middling and poorer classes of society, while his friends of the higher order went com- paratively free ; but then looking across Niagara river, and finding that a system somewhat of the same kind obtains among our neighbours, my investigation into the cause is still restless — I am still disposed to make further conjecture. The majority of those who legislate in all countries, rank with the wealthier class of society, and selfishness will in- variably have its bias. Let us first consider the private circumstances of our legislative councillors of Upper Ca- nada. Say that one holds 100,000 acres of land; another 80,000; a third 60,000; a fourth 40,000; and the remain- ing five so much as to bring the average of each councillor's GtINERAL TNtRODUCriON. CCcIxXtV landed estate to 20,000 acres. This being the case, we cannot wonder much that these gentlemen have hitherto stood in the way of fairly taxing wild lands. Now, further, among yourselves, most honourable representatives of the people of Upper Canada, we shall say that there is one who possesses 50,000 acres of land ; another 25,000; a third 15,000; and the rest of you such extent, as to make out, on the whole, an average possession of 5,000 acres of land, which possession, though it will not operate so power- fully as a selfish bias against the due taxation of wild land, as the greater average possession of legislative councillors, will still make you tardy, as you really have been ; it will still make you in some degree not so frank as in duty you ought to be, for promoting the interests of your constituents, who on an average do not possess above 400 acres of land, of which a fifth part is under tillage; while out of your 5,000 acres, not more than a 25th is cultivated, nor, out of the average possession of legislative councillors, not a 50tb. Being myself a holder of little more than 400 acres of land, I, of course, sympathize most purely with my brother far- mers ; but, Gentlemen, were I a holder of 40,000 acres of land, such is my assurance that the principle of taxation now proposed by me, would be infinitely for the advantage of all, that I would push the adoption of it with so much the greater zeal. Land in America is the very lubber-fiend which checks its owm improvement. Could nine-tenths of it be sunk in the sea, and afterwards emerge by tenths, gradually, as it became absolutely necessary for the wants of mankind, there would be infinite gain in every way. The people of the States are wasting their strength by spreading too rapidly over their wide domains : nor is the dropsical condition of that country likely to have a speedy cure. Here, in Canada, circumscribed by narrow’er bounds, the disease may be easier checked, and the fullest advantage obtained from compact settlement. Before proceeding to consider the use and effect to be b b CCClXXXVi GENERAL INTRODUCTION. made and produced by condensing all taxes into one upon land, let me sweep down the remaining lumber of the old system. There are all the trashy duties upon importations from the United States, which should fall by the lump, not excepting that upon salt, imposed by the wisdom of your very last session. To go to the cheapest market, wherever it may be, is economy : to punish ourselves, that others may suffer, is wretched policy : to give scope to free trade is noble: to beggar custom-houses is delightful ; and, looking to moral improvement, there is more hope in the end of smuggling than in the beginning of preaching. The tax upon whiskey stills is merely a premium upop rum, a les§ wholesome beverage, and a drawback from the profits of the Canadian farmer, in favour of the West India planter. To tax billiard tables, which might give exercise in bad weather to idle gentlemen, and perhaps draw them off from drinking One bottle more,” is a foolish conceit, especially when dice may be rattled at w ill, and a dirty pack of cards makes part of the furniture of every cobbler’s stool. Lastly, and here I shall have opposition from pvery bench of worshipful magistrates, there should not even be a tax upon taverns. All — all should be free of taxation but land. To tax taverns as a palliative against debauchery is delusive : to tax them in order to make advantage of travellers is ungenerous and un- wise : to tax them at the discretion of magistrates, is giving an inlet to favouritism and arbitrary power: to tax them merely as a source’ of revenue, is altogether unnecessary. Off — off, with all taxes but one upon land ; and then, the heavier that is made by large and judicious expenditure on public worts, so much the better : — then, indeed, Canada shall flourish. Let us take it for granted that the province contains one hundred townships of 60,000 acres each, on an average, va- lued at 20s. per acre, thus giving a total value of £6,000,000 : one per cent, on which, viz. £60,000, we shall assume as the first r^uired annual revenue. How simple and fair GENERAL INTRODUCTION. OCclxXXVli becomes the business of voting the yearly supply in future* An estimate is made out of what is required ; and whatever it is, double, treble, a half, a fourth, or a sixteenth, more or less, becomes the sole consideration. Out of this supply I should propose to defray every public charge whatever : the charges of the civil list — of making and repairing roads, canals, &c. As to roads, they should rank under three descriptions. Provincial, being those great leading roads which connect together the remotest points, and which should draw from the public fund an absolute sufficiency for their being made and kept perfect. Secondly, district roads, being those connecting less distant points, and which should have support proportionate to the assessed value of the districts through which they pass ; and lastly, township roads, which should have their proportion afforded on the same principle. It ought to be allowed, at all hands, that good roads are of the first consequence in the improvement of any coun- try ; and it is clear that if a fair principle is once fixed upon for the making and support of these, the hand to extort means to such ends may be at once relentless and just ; for, the greater the expenditure, the greater, certainly, will be the gain. But, Gentlemen, I now proceed to the grand purposes which taxation, on the proposed plan, when once adopted, and put in spirited action, may accomplish I mean its application to the improvement of the St. Law- rence navigation ; and its being made a bond of connexion between Canada and England — a bond by which both countries may reap infinite advantage. Let me first, how- ever, rid myself of a little latent contempt, by laughing outright at the grave resolutions of your last session, to apply to His Royal Highness the Prince Regent for o hundred thousand acres of landy to be intrusted to a com- mittee for executing this great work out of the sales thereof. God help us! what will the sale of such a quantity of land fetch, as things are now managed? Truly, perhaps as much bb S ccclxxxviii GENERAL INTRODUCTION. as, added to the pittance (£2,000) voted out of the taxes of the province for defraying the expenses of a survey, might complete that object respectably with plans and estimates. Very truly, my clodhopping brothers — most august legislators, I am ashamed of you : so do be so good as wipe off this nonsensical concern along with the gagging act, that we may all be friends again ; and, in the issue, recover some little claim to the possession of common sense. You can- not think how anxious I am to get home to England, and report you all in a sane state of mind, after the damnable alarm you have given to John Bull. — Well, hoping the best, let us proceed. Gentlemen, the St. Lawrence navigation should be looked to as a great national object; this province affording security for the repayment of all charges, and Britain promoting the work with a loan of money, and the supply of hands. Was the affair properly represented to the imperial par- liament, there would neither be difficulty nor delay in the accomplishment. Permit me to give you a slight sketch of ways and means, for the sake of illustration. Now that there is peace, Britain could spare out of her popu- lation, annually, 100, OCX) souls with advantage ; but they who would willingly emigrate, have not the means of trans- port. My very first fancy towards Upper Canada, burned forth from a desire to effect the vast object of finding a vent for these poor people, with whose circumstances I have been peculiarly well acquainted for near twenty years ; but, here I am, for my zeal in the cause. Under the wdng of wealthy farmers, many thousands of them might before now have been comfortably lodged in the province, had all gone well; and by next summer many thousands may still be at work on the St. Lawrence navigation. I have taken the present value of the settled part of the provmce to be 6,000,(XX)/. Suppose a navigation for vessels of 2CX) tons could be opened from Montreal to Lake Ontario, in the course of five years from the present time, and that during GENERAL INTRODUCTION. ccclxxxix llie same time there was an influx of 20,000 souls annually into the province, pray, may we not fairly calculate that from 6,000,000/. value, the territory settled by the end of that period, would be fully worth three times as much; and that an expenditure of 2,000,000/, might very easily be repaid out of the taxation of the province before the end of ten years ? Let us exhibit a jotting of how things might go on; 5,000 able*bodied men could be transported from Britain, at the rate of 10/. each*, and be at work on the canal by the 1st of June, 1820 - . . . ^ 50,000 Transport of 10,000 women and children, sup^ posed to accompany the men ... 50,000 Pay of 5,000 men at work, from 1st June, till 1st December, 1820 — six months - - 100,000 Ditto, till 1st April, 1821, four months - - 80,000 Ditto, till Ist December, 1821, eight months - 130,000 Transport of 5,000 men, with 10,000 women and children, 1821 100,000 Pay of these second year’s men, from 1st June, till 1st December, 1821 ----- 100,000 interest and contingencies - - - - 40,000 600,000 At this period discharge the first year’s men, who refund their transport, and have in pocket 10/. per man 100,000 Total expenditure up to 1st December, 1821 - 500,000 * By personal inquiries made at the ports of Glasgow, Leith, and Aberdeen, spring, 1820, I found was the common charge for a man. On contract, and after a grand system of emigration was set on foot, the charge would be greatly lowered. 2 V cccxc GENERAL INTRODUCTION. Brought forward , . - - - Pay of second year’s men, from 1st December, 1821, till Ist April, 1822 . - - - Ditto, till 1st December, 1822, eight months Transport of third year’s men, with women and children ------ Pay of these men from 1st June, till 1st December, 1822, six months . - . - - Interest and contingencies - - - - 500.000 30.000 130.000 100.000 100.000 40,000 900,000 Deduct, refunded by discharged the second year’s men^ now 100,000 Total expenditure up to Ist December, 1822 - 800,000 It would serve no purpose to go farther with such a sketch. My meaning is already clear; and the practicabi- lity of the proceeding is obvious. I suppose the med to contract at home only for the labour of two seasons; and they are above represented as entirely quit of the work at the end of the second season. One half however may be supposed to return, and make engagements for labour, the tbird^ or even fourth summer, so as to give any required acceleration to the business. To employ the hands during the four months of their first winter, would require a little arrangement ; but with this, jobs sufficient could be found while so great an undertaking was on foot. It will be ob- served; that there are never more than 5>000 men to be thus provided for; and being free by the commencement of the second winter, with a sufficiency of cash for present wants, they might either spread themselves over the country, in the service of others, or they might make a beginning in clearing land for themselves. By this time, not only reconciled to die novelty of their situation, but pretty well informed as to the various modes of management, and taught I t I G£NERAX INTRODUCTION. CCCXCi to handle the axe, they would be free of all that gloom and awkwardness, which is so heart-breaking to old country people, when they have to go directly into the woods after tlieir first arrival in this country. Gentlemen, could I be assured that there was to be a speedy end to all illiberal and trifling proceedings, how joy- fully should I continue to write on this glorious theme. ROBERT GOURLAY. In the same Newspaper, there appeared a report of proceedings in the British Parliament, re- specting distresses in Ireland. I shall here copy in part of this alluded to in my next week's commu- nication. HOUSE OF COMMONS, Tuesday y April 6, 1819- Sir John Newport rose, to call the attention of the House to the state of disease in Ireland, and to move for the revival of the Committee of last Session, with a view to make further inquiries upon this subject. It would be recollected, that in consequence of the Report of the Committee of last Session, a legislative measure was adopted; and one of the objects of the proposed Committee would be, to inquire into the effect and operation of that measure, whether it had served, and in what degree, to mitigate the disease which had so long afflicted Ireland. That the measure alluded to had done good, he was ready and happy to admit; but, unfortunately, the ravages of disease still continued. Its rage was indeed such, in the district wdth which he was more particularly connected, that, within the last twelve months, no less than 3,500 patients were admitted into the fever hospitals of that district. But the want and misery which prevailed among the poor, and which promoted the violence of the fever, was really sucli, that the unfortunate CCCXcii GENERAL INTRODUCTION. sufferers were better oft, even in the hospitals, than else- where ; for out of doors they were condemned to endure the aggravated distress which too often drove them back again, to seek relief, in the hospitals, from that disease which distress main- jy engendered. Of the spread and violence of that disease, the House might judge from this fact, that in the counties of Dublin, Cork, Limerick, and Waterford, no less than 43,000 patients had been admitted into the fever hospitals, within a period of fifteen months. After stating this melancholy fact, he hoped the House would not think he asked too much, in calling for the appointment of a Committee, to consider the means of providing some remedy or mitigation for such an alarming evil. If the House should agree with him, in think- ing that this Committee should be appointed, it was his inten- tion to move an instruction for that Committee to inquire, not only as to the state of disease in Ireland, and the means best calculated for its removal or mitigation, but as to the state of the labouring poor, and the means of enabling individuals to provide employment for them. Upon this last point, he hoped the Committee would exercise the most diligent inves- tigation. It was not his object to propose that the people should look for the means of employment from the public purse, but that private individuals, or associations of indivi- duals, should not have any obstacles in their way, towards providing employment for the labouring class. He trusted the House would feel that, where such obstacles existed, they should be immediately removed, and that whatever could be effected by general regulation, towards facilitating the em- ployment of the poor, ought to be promptly adopted. It was known that, according to the opinion of the Commissioners for surveying bogs and marshes of Ireland, there were no less than 2,083,000 acres, which might be converted to purposes of agriculture. One million of these acres had indeed been already surveyed, levelled, and reported upon by the Com- missioners. What scope, then, did such an extent of land afford for the employment of the labouring poor ! But the GENEUA1L. INTRODUCTION. CCCXClll fact was, that this property was so intermixed, and belonging to such a number of persons, that it was found impracticable to render it so available as could be wished. To provide a remedy, then, for this deficiency, and to enable individuals, or associations of individuals, to furnish employment to the poor, was one of the great objects to which it was proposed to direct the attention of the Committee, who would naturally be led, in the progress of their inquiry, into a consideration of the means by which the labour of the Commissioners, to whom he had alluded, might be rendered most productive to the country. As far as the census now in progress had pro- ceeded, it was found that out of a population of 3,840,000, in certain districts in Ireland, the proportion employed in agriculture, compared to that engaged in manufactures and mechanical professions, w^as as 488,000 to 164,000. Such a comparison, then, clearly demonstrated the necessity of providing every possible employment for the labourers in agriculture, especially as it was found, that without such em- ployment, the labouring poor must be destitute of the com- mon means of support. Without additional employ- ment, indeed, a great mass of the labouring poor must be reduced to absolute beggary. There was no district in Ireland in which the population, employed in agriculture, w ere not considerably more than those engaged as manufac- turers and handicraftsmen. This was the case even in the principal manufacturing counties of Antrim, Down, Armagh, and Derry, where the proportion of agriculturists to manu- facturers and handicraftsmen, was as 288 to 83. Hence, then, it was obvious that nothing should be left undone which promised, in any degree, to augment the means of employ- ment for the labourers in agriculture ; and hence he was in- duced to think the point to which he had adverted, as of vital importance to the interests of Ireland. Therefore he hoped and trusted it would engage the most serious consideration of the proposed Committee. The Motion being read by the Speaker, cccxciv GENERAL INTRODUCTION. Mr. C. Grant rose to second the motion, which he did, he declared, with peculiar satisfaction. He lamented that, upon the discussion of such an important subject, the House should happen to be so thin, because he wished that the people of Ire- land should be impressed with a high opinion of the interest which Parliament felt in their concerns, and also that the peo- ple of England should be fully apprized of the sufferings which their Irish fellow-subjects had undergone for some years back ; (confirms what had been said by Sir J. New'port, as to the severity of sufferings, though they were diminishing, &c. but still an advocate for the motion, &c.) In the melancholy prevalence of disease, in the years 1816 and 1817, notoriously owing to the scarcity which afflicted Ireland within that pe- riod, the poor suffered especially from want of food and fuel : they were indeed so much distressed for food, that numbers were absolutely obliged to feed upon such esculent plants as they could find, such as potatoe tops, turnip tops, and cab- bages. The depression of spirits and debility of body which must be the consequence, naturally extended the ravages of the fever; but numbers of the poor were the victims of those very amiable qualities which so particularly characterized their country — that hospitality which always opened their doors to distress, and that affection for the dead, which dis- tinguishes them in a peculiar degree, served to spread the contagion, by exposing the poor to its influence. But it was to be hoped that some advantages would be found to result hereafter, from the experience which the lower Irish had, during this melancholy period — that they would be again more prepared to guard against the extension of such calamity — that they would take the precaution of being more cleanly in their domestic habits- — of fumigating their houses, of sepa- rating the healthy from the sick, of changing their bedding and their clothes. In these respects they had been heretofore lamentably negligent, and hence the general suffering had been more severe. The sufferings of the poor had, indeed, been most severe, and nothing could, perhaps, be more ad- OENERAli INTRODUCTION, cccxcv ntirable than the patience with wliich they suffered — (Hear, hear, hear !) — for, although placed in such a state of despe> rate distress, as, according to a great historian in his comments upon similar misery in ancient Athens, might be supposed to relax the morals of men, or render them indignant to the obligations of law, or to the distinctions of right and wrong, the Irish poor were peaceable and orderly- This meritorious people were, indeed, most religiously resigned to that fate, which, however, all that were rich and benevolent sought to mitigate by all the means in their power. Nothing was, in fact, left undone that could serve to relieve distress, or mitigate disease ; and the afflicted were unbounded in the cordial ex- pression of gratitude to their kind benefactors. Those bene- factors comprehended every class of persons in the country. One impulse directed all. The Clergy, of all persuasions, took the lead in that work of charity, which they so diligently preached — (instances of benevolence noticed.) As to the plans of relief for the poor, proposed by the Right Hon. Raronet, he was glad to find nothing to countenance the idea, that any legislative measure was contemplated in that House for extending to Ireland that system of Poor Laws, the pres- sure of which was so generally, so loudly, and so justly com- plained of in this country— (Hear!)— He spoke thus empha- tically, because such an idea was held forth by some indivi- duals, who had, of course, but imperfectly considered Uie subject. As to any legislative interposition, for providing employment for the labouring poor, he could only be favour- able to such measures as served to remove any obstacles to that employment. If the Hon. Baronet had that removal only in view — if it were his object merely to facilitate the appli- cation of capital through the operation, he should^ of course, be ready to co-operate with him. The Right Hon. Gentle- man, after apologizing for having so long occupied the at- tention of the House, sat down amidst loud and universal cheering. The Hon. Mr. Hutchinson said, there was a subject to CCCXCVi GENERAL INTRODUCTION, which he begged to call particular attention, as one upon which much real good might be done for Ireland: he meant that of absentees. If some measures were adopted by which, at least, some part of the sums which absentee landlords drew from their tenants were spent upon their estates, it would afford employment and food to a great majority of poor. Sir John Stuart rejoiced that the interests of Ireland were committed to an individual at once so able and so well informed. He was of opinion, that the fever originated in general impoverishment, from the want of food, raiment, and fuel, in the hard winters. The great evil was, in his view, a superabundant population. Mr. JBlakc observed, that the disease was produced by dis- tress, and the distress arose from the want of work. Govern- ment w'ould, therefore, do well to afford every encouragement to the improvenieut of estates in Ireland, by extending the grant from the consolidated fund, applicable to that pur- pose. Mr. Alderman Wood said he found, in his visits to Ireland, that the great cause of its distress consisted in want of capital. He had himself, in the course of last session, introduced a Bill, the object of which was to encourage the introduction of English capital into that country. Sir John N ewport replied briefly, and expressed a hope that the stamp duties on advertisements for charitable purposes might be taken off, as they operated materially to reduce the amount of collections. In his own city (Waterford) the charges for printing and stationary amounted to £S4, out of which £60 went for advertisements alone. He concluded with a com- pliment to the Society of Friends, for their charitable ex- ertions in the cause. The Motion was then agreed to, and a Committee appoint- ed accordingly. By a gentleman who left York yesterday morn- ing, we (the Editor of the Niagara Spectator) have GENERAL INTRODUCTION, CCCXCVii been politely favoured with a manuscript copy of his Excellency the Lieutenant-Governor’s speech, at the opening of the Provincial Parliament, which met on Monday, the 7th instant. Honourable Gentlemen of the Legislative Council^ and Gentlemen of the House of Assembly ^ Many considerations having determined me to call you to- gether before the close of the year, I decided on the present season as probably more convenient to you than a later period. Since you were last assembled in this place, little alteration appears to have taken place in the state of his Majesty’s in- disposition. In that interval, his august consort, the Queen of the United Kingdom, has closed a long life, illustrious for the exemplary discharge of every public and private duty. His Royal Highness the Prince Regent, in behalf of his Majesty, has authorized the Governors of both Canadas to bestow lands on certain of the provincial navy and the militia, which served during the late war. Recent purchases from the natives have been so far effected, as will enable me to set apart adequate tracts in the several districts, to accommodate such of their respective inhabitants, as are within the limits of the Royal instruction. I DO NOT CONSIDER MYSELF JUSTIFIED IN EXTEND- ING THIS MARK OF APPROBATION TO ANY OF THE Individuals who composed the late Convention OF Delegates, the proceedings of which were PROPERLY THE SUBJECT OF YOUR VERY SEVERE ANI- MADVERSION. The Royal Assent has been given to the Bill for the esta- blishment of a provincial Bank, but, from some delay, it did not arrive in time for promulgation, within the period limited CCCXCViii GENERAL INTRODUCTION. by law > form of an enactment will, therefore, be neces- sary, to render it available. At the termination of the last session, it was recommended you to* bestow your attention on an amendment of the Road Law ; at present, after a nearer acquaintance with the state of the country, I am more deeply impressed with the import- smce of that subject. It is painful to observe, how serious an evil the neglected grants, of an early date, are presenting to the actual inhabitants of the province. The exemption of any land, belonging to individuals, from the operation pf the Assessment Law', is found to be detrimental : a new Bill, so modified as to protect the land from sale by distrws, until due notice can be given to the proprietors, will receive his Majesty’s Assent. Gentlemen of the House of Assemblj/, I shall direct the proper officers to lay before you the pub- lic account of Receipt and Expenditure, with Estimates of the service of the ensuing year. Honovrahle Gentlemen, and Gentlemen, The growth of the province in population and wealth, jus- tifies a reasonable expectation, that the measures adopted to encourage it will receive your fullest support ; and I must suw<^est, for your consideration, the expediency of affording the new settlers, unavoidably situated more remote from the great lakes and rivers, an easy approach to market. Your attention will, doubtless, be given to such laws as are about to expire, as may require to be continued. Some parts of the province, not accessible by land, it is my purpose to visit, during the present season for navigation, that I may become personally acquainted with every part of the population committed to my care. Y(yrky 1th Junty 1819. I here beg of the reader to pause for a little, and GENERAL INTRODUCTION, CCCXcix reflect on the words printed above in capitals. It was these words which were alluded to in this Gene* ral Introduction, page xi. ; and I ask, had Sir Pere- grine Maitland the right to use them? Had he the right to interpose his will between that of the Prince and some of his most loyal subjects ? Was it expedient? Was it prudent? Many of thesp individuals, Avhowere members of the Convention, are now Members of the Commons House of Par- liament. By and by, I shall lay before the reader the whole record of the Convention, which brought down upon them the malediction of their fellow- subjects, representing them in Parliament, and cut them out of the token of their Sovereign’s favour, for three years’ faithful service in war. At present, let the question be judged of from what is here dis- played. Hoping that the Parliament then in session would not give countenance to the Gover- nor’s purpose, I again addressed myself SPECTATOR, JUNE I7, I819. TO TUB PARtlAMENTABV REPRESENTATIVES OF THE PEOPLE OF UPPER CANADA. Niagara Jaily 14th June, I819. Gentlemen, It was a remarkable coincidence that my communication of last week, setting forth how easy it would be for the redun- dant population of Britain to be transported into this coun- try with profit to themselves and the nation, should be ac- companied with a report, in the same newspaper, of proceed- ings in the Imperial Parliament, exhibiting the dreadful con- dition of the Irish poor since the termination of the war, — cccc GENERAL INTRODUCTION. diseased and dying by thousands, and staling that without additional employment a great mass of the labouring poor must be reduced to absolute beggary* Gentlemen, I have again and again informed the public of this country, that my opportunities of knowing the history and condition of the poor at home had been very peculiar ; that I had not only been employed by government to make inquiries on this subject ; but for many years had made it my favourite study. I have over and again given assurance that my first zeal to make Canada known in England, arose from a conviction that it could be made a place of refuge for millions in distress ; but, alas ! the more 1 have urged to great and rational measures, the more I have been persecuted and abused by ignorant and narrow-minded men ; the more 1 have been held back from getting accomplished the grandest scheme of benevolence that can possibly be con- ceived. I ask if Britain and Ireland can spare 100,000 souls an- nually, and be better of the discharge ? — if such a multitude can be transported annually into British America, not only with comfort to the individuals but advantage to the nation, if the scheme for accomplishing this is not w’orthy a thought ? 1 ask you if by such a scheme the value of this province could be increased ten times in as many years, and be made the envy of the world, if you, as representatives of the people of U pper Canada, are not bound to take steps for its accomplishment ^ and, I shall stake my existence that if you shake yourselves clear of delusions, and send home a com- mission to gain due attention. to the business, that it shall be put in execution. Many of you put on at least the outward garb of religion ; and the Lieutenant-Governor has gone forth in the streets, sounding the trumpet of faith before him; but let us have liberal proceedings for a testimony, and faith shown to us by works that are charitable : let us be done with indig- nation,’’ and severe animadversions,” which never can be proper” without cause. GENERAL INTRODUCTION. CCCCl I have already given you a sketch of what may be done M’ith less than a million of money; the commencement of a great public work, which would certainly pay well for the charge of execution, and the introduction of 45,000 settlers Into the province in the course of three years. I was pur- posely moderate in this first expose, not to startle reflection too much at first ; but on the same principle, twice this num- ber of people could be brought over in a single year, and twice the advantage gained. So much am I an enemy to war, that I would wish even its name blotted out from memory, were it not to illus- trate what may be performed in times of peace by the skill and activity of mankind; and never did the conduct of any war afford such excellent data for reasoning as that lately carried on by England. I have already glanced at the pe- culiar circumstances of England, the influx of foreign wealth, as well as the direction and effect of this on domestic indus- try. I have shewn that it was necessary to draw oflf the spare produce of aclion so highly stimulated, under these circum- stances, and that the power of taxation beiug absolute, en- abled the minister to do this, and waste such produce on war. What was wasted on the late wars from the commencement in was perhaps double the amount of the existing na- tional debt ; but let us say that it was only eight hundred mil- lions, and stand amazed at the power of production ! After our wonder has had sufficient rest, let us ask what would have been the amount of production if, instead of throwing av\ ay this vast sum on war ; if, instead of maintaining mil- lions of men, for the sole purpose of murdering other men, it had been employed in cherishing the arts of peace, in clearing away the woods of America, and gaining more and more food, to sustain more and more artisans and cultivators; what, in that case, might not now have been w itnessed ? Why, nothing more than may still be witnessed by the end of the next twenty-five years, by adopting rational plans, and creating excitement to industry, England is as powei- c c CCCcii GENERAL INTRODUCTION. ful now as ever, was her vast machinery again put in mo- tion ; and were it put in motion for peaceful and productive purposes instead of war and waste, how delightful it would be ! There is nothing in war itself inviting to the mass of in- dividuals employed in it. A few monsters, perhaps, find a pleasure in bloodshed and carnage, but these are few indeed : not one, it is to be hoped, out of a thousand. The sailors of a man-of-war would almost invariably prefer the merchant ser- vice : the soldiers of an army would be more happy at the loom or the plough, than loitering about in tedious idleness ; while all employed in furnishing these men wdth ammunition, clothing, and food, would be equally willing to supply their wants, were they engaged in peaceful professions. They all look to the immediate means of living, and the profits of their calling ; not to the remote object. Good heavens ! how the mind sinks down in sorrow with reflection on the past, and how it might bound aloft, could the hope of futurity be brought to rest on the decisions of wisdom. To the millions who look back over twenty years of war, and have still to mourn the bloody deaths of their nearest friends, what poor consolation is it that a Bour- bon is re-established on the throne of France, and that the be- loved Ferdinand holds dominion in Spain ! for this is the amount — this is the gain to Europeans: — a gain, which the accident of a moment may wdpe out, and perhaps, happily, for ever. But if there is such a thing as necessary war, and such there was to the loyal inhabitants of Upper Canada, what a glorious aim is it to endeavour to remove, for the future, every chance of such necessity. This blessed end. Gentle- men, could be accomplished by a little exertion on your parts ; for who w ould dare to invade Canada, were it com- pactly settled ? Look back to the efforts made by England for the protection of this province from conquest : reflect on the lavish expenditure on your little war, not less than fifteen or twenty millions of money, and say why England should GENERAL INTRODUCTION, CCCciil Mot be willing to afford what is wanted now, to be speedily repaid, in order that all future war and waste may cease in this quarter of the world — w hy you should not, at least, send home a commission, to ask sucli assistance, and have every obstacle removed. It w'as desirable that France should repay the cliarges of the Allied Sovereigns for placing Louis the XVIIIth on the throne. A London banker attended, and immediately ad- vanced the required sum. The banker considered only the goodness of the security ; and if you w ill pass an act, during the present session, and get it confirmed by the royal assent, giving security on a land-tax of the province, twenty London bankers will be ready with cash for your purposes. Do, nry good friends, get over prejudices, and try the experiment. Your constituents will thank you, when returned home, for voting five thousand pounds of their money to defray the charges of a commission to England. You know I pro- posed ten thousand dollars for the Convention Commission ; but double the sum would do better. Surely you need not be envious of a little credit accruing to me, from the success of the experiment. It w ill require not a little credit to make up for what I have lost by your holding me up to the world as the One factious individual,” and by these months of igno- minious imprisonment : indeed, I think you will make me a present of the ‘‘ hundred thousand acres of landf with consent of his Royal Highness the Prince Regent, when you have got ^2,000,000 lent you, for improving the navigation. At all events, do, I beseech you, send home the Commission- You will observe, from the debate in the Imperial Parlia- ment, that Sir John Newport, Mr. Grant, and others, pro- posed to relieve the poor of Ireland, by finding work for them in the bogs, and by taking oil the duties on advertisements for charitable purposes. Alas ! alas ! bow cold is charity, and how blind are they who will not see. The landed gentle- men of England and Ireland have been going into commit- tees, and making most feeling speeches, for years, on the c c 2 CCCeiV GENERAL INTRODUCTION. question of relieving the poor ; but the things needful they will not do, though both they and the poor should together be brought to starvation. I have yet said nothing of the funding system of England, an ally to that of taxation ; but these parliamentary speeches lead me to notice it. The system of borrowing money for government purposes and funding was first introduced, I think, by King William the Illd. and the practice gradually increased till it reached perfection under the administration of Mr. Pitt. Long before his time some of the wisest of men, and among them Hume, the historian, predicted that this system would ultimately tend toconfusion and ruin. I hope that no such consequence will ensue ; and certainly it need not. . . . . The funding system, by generating a fictitious capital, strongly secured, yields advantages not only to government, but to individuals. It economises every process of lending, and exchange: it gives latitude and ease to adventure: it moderates the swing of political violence; and affords strength and security to executive power. So far it is well; and when a nation is fairly represented, 1 cannot conceive how danger should result from it. In England, where this fictitious capital has swollen up till it exceeds in amount, the value of the land, and the substantial stock of the in- dustrious is seized at will, to make good the dividends of ar. over proportion of idlers; then, indeed, there may be risk. At the end of the late war, two things required attention, the employment of the multitudes, whom war had kept in a state of action, and some alteration in the system of taxation. Had government looked out over the wide range of British dominion, for great objects upon which industry could be bestowed to profit, such as improving the St. Lawrence navigation, and the like, not a man might have pined at home in idleness, and continued action might greatly have assisted in keeping at once distended and secure, the bubble of fictitious wealth; but with every such precaution, GKNERAL INTRODUCTION, CCCCV this, of itself, required trinuiiing for a peace establishment. Years before the war, it had swollen to undue bulk, and was stiHing that industry to which it owed its existence. PVom the year 1813, the most valuable stock of the country — the agricultural stock, began to suffer diminution, and to be- come unequal to the enormous burdens imposed upon it. But the farmers of Britain have no voice in political con- cerns, and the evil, not immediately felt by their landlords, was allowed to go on for two years, without even an attempt towards a remedy. The termination of war shewed, at last, that something should be done : but what did the landlords do ? They trusted to keep up their rents by a Corn Bill, and by their political influence they carried that into a law, against tlie will of nine-tenths of the nation. Never was selfishness more blind; and miserable, indeed, have been the consequences. To this hour land and farming stock have continued to fall, while the funds are kept up by a system of taxation, absolute and relentless. On this subject I can speak at once feelingly and correctly. Only a few weeks ago I had accounts of the final sales of my father’s estate. Five years ago this would have readily brought, at the hammer, upwards of £130,000, and now it has netted only £95, 500, while in the same period of years, funded pro- perty has risen more than 10 per cent. Let the difference between the fall of substantial stock, and the rise of fictitious capital be taken only at 40 per cent. ; and think what a dread- ful convulsion such change must have effected in society, simply considered ! but if it is taken into account, that the loss has been deducted out of that which held the machinery of production in motion, and the gain added to that which is idle and unproductive, what then must w^e conceive to be the sum of accumulated mischief! The national expenditure is, no doubt, greatly lessened since the cessation of war : say 40 or 30 millions a year ; but the interest of the national debt is still 40 millions, while the substantial stock, out of which it is taken, is sunk more than a third ; and that part of this ccccvi GENERAL INTRODUCTION. stock really engaged in production, more than a half; and what is worse, the profits of the same stock are greatly lessened, merely from the circumstance of its diminution: for, who does not know the difference in trade, which results from a powerful capital, and a capital feeble and insufficient? Besides providing employment for the hands whom the cessation of war threw out of employment, had a few taxes which bore immediately on the agriculturists, been taken off, and the property-tax continued on land rents, and the interest of money in the funds, and otherwise, England might have stood the change from war to peace with the greatest ease : real and fictitious property w ould have retained a fair relative proportion to each other, and the nation would have started before all the w’orld in renewed and enlarged efforts of in- dustry and commerce. What do we experience now but the very reverse? What do we hear of but another proposal in England, to raise the price of corn by legislative enact- ment; and what do we see in these fine speeches of the Imperial Parliament, but strained measures to improve the bogs of Ireland, after farming capital is extinguished ; and a magnanimous resolution to relieve distress, by taking off the stamp duties on advertisements for charitable purposes! ! ! Gentlemen, the miserable policy pursued by England since the peace, has created evils beyond all conception; — evils not only to the people at home, but to all. It is this, mainly, which has clogged the wheels of industry, and deranged all the transactions of commerce ; — which has shaken the credit of the world, and with universal peace introduced universal poverty. At the bottom of all this calamity was the landed interest of England. The Duke of Devilry, my Lord Lubber, and Sir John Sinecure, at the end of the w ar called a council of their land stewards, and found that existing rents could not be paid under existing circumstances, except the price of wheat w as kept up to 10^. per bushel. Rents must be kept up,” said the Trio; ^^thatN flat; and nothing but a Corn Bill can do for us.” With all the aid of raised duties. GENKRAl. INTRODUCTION. c«ccvn on imported grain, rents were not sustained ; but the great landlords felt little personal inconvenience. The duke had only to reduce his establishment from £ 80,000 of expendi- ture to £ 50 , 000 . The lord, from £ 30,000 to £^ 0 , 000 - And the knight mortgaged, for a present supply, part of his estate to his brother, a banker and fundholder in the city. By this class of men no great immediate inconvenience has yet been felt ; but it has been different indeed with all be- low. The further down, the greater is the misery ; but the further down, the less is that political influence, which can guard against approaching ruin, and the more removed are individuals from the sympathy of those who have it to wield. The first question in political economy should be, can the mass of the people live comfortably under this or that ar- rangement? but this most necessary question was forgotten, and many of the people have perished. In the commercial world the consequence of raising, by forced means, the price of grain in England, is obvious. America cannot pay for the manufactures of England but in produce; and when England lays duties on the importation of grain, the natural consequence is, that trade must be diminished, even though America did not lay countervailing duties on Eng- lish goods ; and we now see two nations, which ought to be reciprocal customers and friends, become mutual destroyers of each other’s gain. America retires within herself, and calls hands to the anvil and the loom, who, otherw^ise, would be better employed witli the axe and the plough. England yokes her weavers in gravel-cart harness, and Ireland con- trives work for her ruined farmers in the bogs, when wheat is 105 . per bushel — the bogs! which did not tempt cultivation ^ when the average price w'as 15 s. For generations, nay, for centuries yet to come, the crowded population of the old world must naturally make labour cheaper there than in America ; and there goods will be manufactured upon easier terms than on this side of the Atlantic. Here, again, from the cheapness of land, food will GCCCviii GENERAL INTRO DUCTION. be more readily obtained. Intercourse among men is de- sirable, of itself; but how strongly does nature thus encou- rage it ; and what pity is it that the slightest obstacle should be thrown in the way. In furnishing goods to America during the late wars, England had advantages which she is not likely again to possess. The people of the European continent, who can alFord labour even cheaper than the peo- ple of England, were then held back from competition. They will noNV quickly engage in the arts, have the same advantages from machinery as the people of England; and, rid of many of their old feudal restraints, may soon be up- sides with our fellow' subjects in the production of every ar- ticle now required by America. When the landed interest of England were selfishly de- voted to their favourite policy, to raise artificially the price of grain, they overlooked one beautiful principle, which, with a little forbearance at first, would soon have come to their relief. Had they allowed provisions to be cheap, the popu- lation of the island would rapidly have increased, and the value of land being always greatly ruled by local situation, they w'ould have gained from convenience more than they will obtain, in the end, by checking the natural growth of popu- lation. Gentlemen, my last communication was abruptly termi- nated ; but it had sufficiently displayed the ease and rationality of the scheme for introducing settlers, and improving the navigation of the St. Lawrence. Let me now call your at- tention to the effects upon industry and improvement, gene- rally, which would ensue from the adoption of such a scheme. The farmers of Upper Canada have, for the two last years, had but a sorry market for produce; and when that con- tinues bad, their efforts get, of course relaxed* Were they as- sured by your conduct this session, that the St. Lawrence navigation was to be set about next summer, and that 15,000 consumers were to be imported, besides the usual influx of set- tlers, what a spur would be given to exertion! This very autumn GENERAL INTRODUCTION. CCCCIX thousands of additional acres would be sown with wheat, in the certainty of a rising market, and the hope of better times would inspire every one with conhdence. Confidence would beget credit, credit would beget money ; and money would beget more. The discharge of 15,000 souls annually, or 100,000, if you will, out of the hospitals of Ireland, and out of the poor houses and gravel-cart harness of England, would alFord no small ease to these countries. The poor emigrants would soon be able to replace their rags with good raiment; and increasing orders from Montreal would re- double the advantage to England. Does it not warm your hearts to think of such a glorious scheme of charity ? Does it not extinguish every groveling idea when you know that you can bring it to bear ? Does it not awaken you to duty and to honour? If it does not, then bow still lower to your idol, give praise to him whose first breath in the province was tainted with indignation,” and whose revenge, at the end of eight months, cannot rest in his bosom without acts of injustice, without extolling the rash and unwarranted ex- pressions, which, you well know, gave offence to nine-tenths of your constituents. Be assured that the landed oligarchy of England have but little care for the farmers of Canada, when they suffer their own tenants to be ruined, and their poor labourers to be starved. Be assured that while gover- nors are sent out from among this class of men, and more particularly if their stomachs have been charged with mili- tary hauteur, it is your duty, as representatives of the people of Upper Canada, to be steeled against slavish dread — to be guarded against puling language, and, as British subjects, to cause to be loudly proclaimed in Britain, what befits the interests of this province, instead of trusting to the court whisperings of a governor and his imps. I tell you once for all, that the landed interest of England is hostile to Canada, not the sovereign and the people ; and I tell you that there are evils wliich nothing but the open and dignified front of a commission will get removed at home. It is not mere vice ccccx GBNEKAL INTRODUCTION, that you have to contend with: it is not the selfishness of English landlords, taking them individually. The world scarcely contains such a body of generous and noble hearted individuals; but in their public cares, and collectively, all is ignorance, trifling, and indifference. The prosperity of England never was indebted to them a farthing. It has forced its way in spite of them, through the wonderful activi- ty of the people — through the enterprise and spirit of mer- chants — the dexterous skill of manufacturers, and the plod- ding perseverance of farmers. The activity of the people will, even yet, overcome every difficulty : half may be ruined or starved, but the other half will hold on, and finally, the country will prosper. After all, even the national debt may be speedily paid oflF, were it desirable. To those who cherish hope, this debt may be looked to only as an evidence of past exertion, and an index of what may again be performed. Gentlemen, you have never sufficiently appreciated the vast advantages which might accrue to this province, were the connexion with the mother country duly cultivated. You have a relation stored with every thing you want for pros- perity ; but, by a sheepish bashfulness,* you hold back from a frank and open communication : you trifle away your time with governors, while you should be shaking hands with the sovereign and people of England. It is now precisely two years since I set my first foot on the soil of this province. Two years before that, British newspapers had been filled with proclamations for the en- couragement of those who should incline to come out here as settlers, upon very liberal terms. Anxious to know what had been the issue of this scheme, I made it my first business to repair to the new settlement of Perth, in the Johnstown District, where 1 staid several days. Of the Scotch settle- ment I took a most particular account, visiting the house of every individual, and getting from each a narrative of all that had occurred since his leaving home, &c. I further entered in a table, prepared for the purpose, the following GENERAL INTRODUCTION* CCCCxi particulars: 1st. Settler’s original profession; 2d. sister or wife; Sd. sons; 4th. daughters; 5th. from what county; 6th. from what parish; 7th. date of leaving home; 8th. date of embarkation; 9th. date of disembarkation; 10th. date of taking possession; 1 1th. buildings erected ; 12th. number of acres chopped; 13th. number of acres cleared; 14th. num- ber of acres in wheat; 15th. number of acres in oats; l6th. number of acres in potatoes, garden, &c.; 17th. number of pounds of maple sugar made; 18lh. number of cows and horses. When each man had furnished me with these par- ticulars, he signed his name, attesting the correctness of the statement, and declaring that he was well satisfied meanin and casting them abroad the next ; by this policy, much more would be gained to the province, than by throwing the cash into the Lake, It would create a market for produce, give circulation to money, and stimulate the industry of farmers and others ; besides all which, it would add greatly to the strength and value of the province by the increase of settlers. But if by the raising, and thus foolishly squandering away so much money, so many advantages are to be produced, what would be the mighty triumph of economy, when the money and labour was expended on useful public works ; above all, on improv- ing the St. LawTence navigation, which I have already said presents the noblest object for speculation within the wide compass of nature. Oh ! it is delightful to muse upon the conse- quences of such a scheme being put in execution : to think of the profit ! — the utility ! — the sum of relief to the poor of England! — the security to Canada! — the glory to the nation! — 15,000 souls annually rescued from distress, and fairly established in the high way of vigour and enjoyment ! ! ! But when it has been a few years in action, let me visit Little York: — let me inquire for our old friend Lnnd-lubber. He was for the first year of the tax, really disagreeable ; sulky to a degree, and from time to time would bellow out, Damn that wretch Gourlay*, who first proposed this cursed coercion act.” By the second year. Land-lubber could not help, in the course of nature, being better tem- pered, as the thrifty scheme of living had considerably less- ened the dropsical swelling in his ancles, and he had not half so many twitches of the gout. The third year Land- * Language of an assembly-man in parliament, dd ccccxviii GENERAL INTRODUCTION, lubber walked out daily, and inquired as to the price of land, which had now risen from two to four dollars an acre. The fourth year it was really pleasant to see him: clean in the shank ; and with a face full of glee, it was hard to say whether he or his cane would win the race, as he bustled about asking the news— the progress of the navigation— the arrival of emigrants— the price of land, the price of land! One day, as I stood at Forest’s hotel door, he could not help, in the joy of his heart, bursting the fetters of an old grudge, and made up to me. Well, Sir, the weather is very fine indeed : have you heard any news to-day ? It is Just reported, Mr, Land-lubber, that the Grand Canal \^ill be finished next month, and that the good ship Britannia, of 300 tons, is fitting out in style at Quebec, to bring up his Excellency the Governor-in-Chief to make the first debut on Lake Ontario, by the canal : land has risen another dollar an acre this last month ; and 10,000 emigrants of respectability are now on their way from Europe, to make purchases here, and become settlers.” Mr. G. that is really excellent news —glorious news ! Will you dine wdth me to-day f I hope we shall all be good friends again.” Indeed, Mr. Land-lubber, I never was your enemy : only a plain-speaking counsellor, and a little impatient, at times, with those who would not look forward to the rising grandeur of the province ; who soured every hope with unfounded suspicions, and low jealousies.” Well, well, it is all over now : all’s well that ends well: you must certainly dine with me, and give me some more news about lands and emigrants. Oh, charming weather! Oh, fine times I Our rising grandeur ! Our rising gran- deur 1 ! 1” 1 shall dine with you most willingly, Mr. L., but you must now promise to assist me in blowing up Little York.” Oh 1 certainly, my friend : I sw^car I shall have a torch ready for you at command. These narrow streets, and miserable, dirty, unpainted clap-boarded huts, will never suit our rising grandeur: even that great gawky-looking brick house must come down : aye, garrison and all must be blown up. Well, 1 C^ENERAL INTBai>UCTIONr. ccccxix “We shall talk more of it after dinner; so good bye*— good bye. Ha! ha! ha! Land up! Houra! Our rising grandeur! Our rising grandeur ! ! T* The execution of such a work as the St. Lawrence navi- gation, by the scheme proposed, settles the question of ex- pense as one of no consequence. I spoke of a scale to admit vessels of 200 tons burden ; and in doing so I con- sidered both as to what wojild brave the ocean, and what would not be inconveniently large for internal navigation. Should it be deemed advisable to have larger vessels in the trade, any additional expense should never for a moment be thought of, as an objection. The La Chine canal is to admit only of boats. Tliis may suit the merchant of Mont- real, but will not do for Upper Canada. Indeed I am doubtful if our great navigation should at ail touch Montreal ; and rather think it should be carried to the northward. Here, however, I am without personal knowledge. 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 be- tween 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 Ottaw^a, somewhere below the Hawkesbury rapids : probably in that part of the river called the Lake of the 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 larger scale, it is greatly objectionable. Any benefit to be gained from the lake, considered as part of the canal already formed, w’ould be quite overbalanced by the want of a good towing path. A boat navigation may, I think, d d 2 ccccxx GENERAL INTRODUCTION. with benefit to the parts adjoining, be brought u^p so far as MilVrush, 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 diflference 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 at 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 re- shipped. Think of the difference in point of comfort and convenience to the merchants here. Think of the greater dispatch* Think of the saving of trouble and risk ! Think of being unburdened of intermediate commissions and profits t Think of the closer connexion which it would form between this province and England ! Think of the greater comfort it would afibrd to emigrants, and how much it would facilitate and encourage emigration! With navigation on a large scale, ship building would become an object of great im- portance here, and new vessels might be ready loaded with produce to depart with the first opening in the spring. There are but a few vessels trading from England to Que- bec, which mak« 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 On- tario in the spring, proceed to England, get back here, and again take home a second cargo of produce. In time of war wbat security would such a scale of navi- gation yield I In fact it would put all competition on the lakes out of question. Upper Canada would then possess a vast body of thorough-bred seamen and ship-carpenters, w'ith abundance of vessels fit to mount guns, not only for their GENERAL INTRODUCTION. CCCCXXi own individual defence, but to constitute a navy at a mo- ment’s notice. In commercial competition, too, the great western canal of the States would be quite oiitrivalled by such a superior navigation. The line of the States’ canal must be for ever subject to nearly 400 miles of towing, besides having many counteracting locks : here from Lake Lrle dovvnw'ards, there would not be more than 100 miles of towing, and not a single counteracting lock. Upw^ards, except at the falls of St, Mary’s, 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 ex- tended shores of the Upper Lakes, only think how the import- ance increases of having the transport of goods and produce un- interrupted by handling and shifting from one class of vesseb to another, eight or ten times over. Oh ! it is quite ele- vating to look forward to such a noble work ; so let us have nothing to do wdth piddling concerns. ROBERT GOURLAY. In the same newspaper of June 24th, 1819, ap- peared the replies of the Legislative Council and Assembly to the Lieutenant-governor’s speech, given above. Two clauses extracted from each, I shall here copy in, to mark the spirit of these august bodies. May it please your Excellency, ** We, his Majesty’s dutiful and loyal suL^ects, the Legisla- tive Council of the province of Upper Canada, in parliament assembled, beg leave to return our thanks for your Ex- cellency’s speech at the opening of this session. We are gratified to learn that his Royal Highness the Prince Regent, on behalf of his Majesty, has authorized grants of land to certain of the provincial navy and the militia who served during the late w'ar, and we feel the pro- w COCCXXii GEKKRAIi’iNTRODUCTIOM. priety of withholdiug this mark of approbation from the individuals who composed the late convention of delegates. “ Wm. Dummer Powell, Speaker/^ Legislative Council Chamber, 10/A June, 1819» “ May it please your Excellency, “ We, his Majesty's dutiful and loyal subjects, the Com- mons of Upper Canada, in provincial parliament assembled, beg leave to offer to your Excellency our most humble and hearty thanks for your gracious speech from the throne, at the opening of the present session. ** We are gratefully impressed with the gracious inten- tions of his Royal Highness the Prince Regent, in autho- rizing the Governors of both Canadas to bestow land on certain of the provincial navy and militia, who served during the late war ; and with your Excellency's considerate atten- tion in setting apart adequate tracts in the several districts, for the accommodation of such of their respective inhabi- tants as are within the limit of the Royal instructions ; and we lament that any portion of his Majesty’s subjects should have forfeited their claims upon the bounty of their govern- ment. Allan McLean, Speaker.^ Commons House of Assembly, 9th June, 1819. Underneath the word Postscript, which heads this part of the work, is written, chiefly for after reference and discussion and here it is only ne- cessary to state, that the fate of Upper Canada, as a British province, never was affected more than by these fulsome and shameless replies to the Lieute^^ nant-governor's opening speech. CONCLUSION. TO THE PEOPLE OF UPPER CANADA. February 11, 1822. Canadians, It is this day two months since the date of my last Address to you. I was then feeble; and had shortly after to abandon part of my plan ; to throw aside my pen, and fly to the country. That move- ment set afloat new ideas ; and my Address to the People of Wiltshire led me first to produce some extracts from Salisbury newspapers, and then to exhibit others out of the Niagara Spectator, which you will find link well together, and manifest at least consistency in opinion and principle. During these two months most eventful occur- rences have taken place ; and up to this hour the landed and farming interests have been getting into greater and greater trepidation* : have been holding meetings in every direction; and coming forth with * House of Commons, Feb. 1822. Mr. Coke rose to present a petition from the owners and occu- piers of land in the county of Norfolk. The petition prayed for economy and reform : it prayed for the reduction of taxes, and particularly of those which were imposed upon malt, salt, leather, candles, and other necessary articles of consumption, which would afford the country relief to the amount of five millions, without any real injury to the revenue. How astonished must the country be to hear the declaration of the Chancellor of the Exchequer, that the removal of any tax would be an aggravation of the ex- isting distress. Gracious God ! at a time when the j>eople, from one end of the country to the other, were complaining of distress, with the proofs of which the table of that House would soon be groaning — at such a time were they to be told, by a hard-hearted and callous government, on the first day of the session too, that CCCCXXiv GENERAL INTRODUCTION . f^peeclies altogether radical, led on by noble Lords. Parliament is now met ; and we are all upon tip-toe they were to meet no relief, and that their complaints would be disregarded i He did not suppose that the petitions of the people would bo attended to by that House, but he certainly did not expect to hear that doctrine so openly avowed. There had been persons who looked up to that House as aland of hope, corrupt as k was, profligate as it was (loud cries of “ Order”). It was known to be so (cries of “ Order,” and “ Chair”). The Speaker rose, and observed that he should be the last person to interfere with the expression of the sentiments of a member of that House, did he not feel himself called upon to do so by an imperious duty. He was convinced that a moment’s reflection would shew the honourable member that he had trans- gressed the limits of fair debate. Mr. Coke apologized fbr having said what was considered im- proper. He knew that he was warm, and it was natural that he should be so. It was understood, however, that the petitioners were not likely to obtain redress from that House X^iear, hear). The petition would perhaps better explain the view which ho entertained with regard to the constitution of that House than be could himself. It stated that retrenchment would do much to- wards the relief of all classes of the community ; and he must remind them, that although an hon. member of that House (Mr. Hume) had shewn last session that there was no branch of the expenditure, either foreign or doipestic, in which reduction might not be made, yet large majorities had always been found to reject bis propositions. “ Therefore,” said the petitioners, “ it is our decided conviction, that the corrupt and defective state of the representation, is the true source of the prevailing distress, and that until the people shall be fairly represented in parliament, no relief is to be expected.^’ The Times, Sth Feb. 1822. Mr, Coke. W as the country to be told by a hard-hearted and callous government that no relief would be granted? Not that he had deceived his constituents by saying that he hoped their petition would be attended to. He had not told them any such thing ; for, constituted ns the House was — corrupt as it was — profligate as it was — (order, order). The Speaker said that the hon. member must be sensible that these expressions were highly disorderly and improper (hear, liear). Mr. Coh. It is known to be so (order, order). The Couiier, Febt'uai'y 8, 1822. Canadians ! Tell it not in Gath You must be all very sensible how improper was the above language of Mr. Coke ; but J wguld draw your attention to the extreme folly of petitioning GENERAL INTRODUCTION. CCCCXXV to learn what is to be done. Ministers, it is said, are about to borrow five millions to lend to land- lords and farmers, to keep peaee in this island; while penal laws and military force is applied for to cure disturbances in Ireland!!! Mr. Cobbett having raised a cry about Peel’s bill, ^a most ex- cellent bill) thinks, I presume, that he may trust to that for a while with more hope than to “ Cob- bett’s parliament,” which is put off, sine die: so, after all, our fate is left “ to the force of events,” and we know not what a day may bring forth. Newspapers have informed us that your provin- cial parliament met on the 30th of November ; that it was expected that the session would be short and tranquil ; also, that the question of your far- famed sedition law was agitated. I am sorry for this. It has lessened my expectation of a com- mission coming home immediately; but I shall not yet despair. The sole duty of your represen- tatives should rest in refusing supplies till a com- inted: but the silliness of last e suspect that silliness may still sported that the Governor- in-Chief mission is appoin session makes me prevail. It is repe has asked the parliament of Lower Canada tc grant the civil list during the life of the sovereign Surely they will not be fools enough to comply. 2 CCCCXXvi OfNERAJL INTRODUCTION. Though I am a friend to free trade with all the world, and wish to see that brought about as speedily as possible, had your representatives sent home a commission last year, instead of trifling away time, by appointing a select committee (see page 666, Vol. II.) only to exhibit ignorance and vanity, I should have been happy to have seen the timber trade continued for a few years in favour of Canada, with notice that the favour should be gradually withdrawn. This would have given opportunity to people in the trade to have wound up their business economically, and to have dis- posed of or worn out their machinery (saw-mills, &c.) to some profit. Should a commission come home this session, I should on the same principle be happy to see our North American provinces favoured for a few years in the corn trade. I should wish to see your corn and flour admitted for sale here at all times on a certain duty, to be diminished year after year, till the trade was free to you ; and, after being free to you, for some time, to be made free to all the world. An ad valorem duty would be the thing; but for illustration, say that your wheat should this year be admitted to sale, on paying a duty of 3^. per bushel, next year 2s. 6d., and so on, diminishing 6d. every year till the duty was extinct. The Halton petition, and your parliamentary proceedings of last year, plainly manifest your wish to bar out your neigh- bours in the United States from trading through Quebec with England on equal terms with your- selves. This is a selfish and narrow-minded no- tion, on your part, and it would not suit England, even though you were to be gainers. It is besides impracticable. Whenever provincial duties are imposed to any great amount on produce of the United States, and vent is found for it at Quebec, the extent of unguarded boundary line between the Canadas and the States will afford such op- portunities to smuggling, as effectually to blast your illiberal policy, and I rejoice in this truth. In the event of the St. Lawrence navigation being effected on my plan, I had a scheme to propose for making American produce pay towards that; but at present there is no occasion for enlarging on the subject. It is the interest of Britain to trade with Americans through the port of Quebec, as freely as with you, Canadians, though her shipping interest only was taken into consideration ; and were an act immediately passed, admitting corn and flour to be imported from our North Ameri- can colonies, and sold here at all times on a duty, as above proposed, the benefit would be instant and great both to England and the colonies. If your commission would come home, and propose this simple measure, without any invidious, grasp- ing, and illiberal view towards your neighbours, I doubt not but it would be admitted; and perhaps you might yet get to rights without becoming bankrupt. Half the farmers of Halton probably have their names standing on the books of James Crooks, Esq. M. P. for goods furnished to them when prices were high. He again is perhaps in- debted to merchants in Montreal; and they to i| ccccxxviii general introduction. merchants in Loudon. In the course of time, trade might assist in adjusting these accounts. I spoke lightly of a general bankruptcy among you, keeping my eye bent on the infinitely greater dis- tress which general bankruptcy among British farmers would produce. Your distress would be comparatively nothing to their’s ; and their’s would not only be to themselves ruinous, but it would spread death and destruction around to millions: yes, were the public credit of England once vitally touched, and a general breaking down among the farmers would certainly so touch it, not less than two millions of human beings would be swept from existence paupers, annuitants, and fundholders; young, old, and infirm! I have said above, and I say again, that no nation on earth was ever situated as we are, from the factitious state into which we have been brought by the Pitt system of finance, as it is called, in conjunction with the greatest of all evils — the evil of the poor-laws. I have already said, and this too I repeat, that were reason to regulate our affairs, all danger could be avoided: even the Pitt system could with dis- cretion be followed up in time of peace to infinite advantage; and taxation itself could be turned to profit. Reason, however, I am afraid, will never be consulted while we are ruled by boroughmon- gers : while ministers study only their own interest, and are totally regardless of public good. How mad are all their measures ! Let us look for an example of it to Ireland, at the present moment. That unhappy country could be cheaply redeemed GENERAL INTRODUCTION. CCCCXxix from distress. Emancipate the catholics: let not one-fifth of the nation lord it over four-fifths. If clergy are to be paid by government, let catholic clergy be paid as well as protestant clergy, on con- dition of their allowing the people to be educated: let tithes be commuted ; and letemigrationbe assisted. All this would be reasonable ; but ministers are equipping an army to make war against the poor, ignorant, distracted, starving Irish ; and Lord Roden has just told us in parliament, that the great evil is to be traced to “ the non-residence of gentry and landowners” ! ! ! In England we have much to gain by mere legis- lation. Tithes could be commuted by an act of the simplest kind, merely to make them payable at a fixed rate, depending on the price of grain. This would instantly ensure peace and harmony between tithe-holders and farmers : it would instantly give the rein to the spirit of improvement ; and it would free the clergy from a world of reproach. But the clergy, who, of all others, would be most benefited, who would indeed secure to themselves, as a body, a chance of lengthened possession of church pro- perty ; — the clergy set their faces against this ! ! ! In five years, five millions of annual expendi- ture on the poor could be saved to England by re- forming the poor-laws; and at least five millions more would be added to national wealth by greater industry and better conduct on the par| of the poor themselves ; but, will the poor-laws be reformed ? This session they could be reformed, as well as in any other session ; but the last Edinburgh Review CCCCXXX GENERAL INTRODUCTION. is for delaying that most necessary of all reforms for several years ! ! ! Since autumn, 1813, farming has been unpro- fitable (since then I calculate that 200 millions of money have been lost to the farming interest) ; and though the present low prices could have been guarded against, it was clear that war prices could not be kept up : it was clear that something should have been done to give farmers relief from contracts formed when prices were high, which could not possibly be fulfilled when prices were low ; it was clear that an act of parliament, to allow them to pay rents according to the price of grain, would have protected them from ruin better than a corn- bill ; but their landlords could not think in time of lowering rents; and they now do it partially, only to increase mischief! I ! Had landlords, who rule this nation, — the landed oligarchy, seen, and they might have seen, had they opened their eyes ; — had they seen that rents could not be paid in peace which were contracted for in war; — had they seen that even the Pitt system, diciously acted upon in time of peace, could not uphold war prices, after our monopoly of trade was at an end, after other nations enjoyed domestic peace, and could supply themselves ; after they were freed from ancient encumbrances; and, with “ cheap labour and removed absurdity, could afford the productions of the soil at one-third of our price* bad our oligarchy seen all this. * I have quoted these words from my Letter to the Earl of Kellie, published in 1808, to give opportunity of further proving general introduction. ccccxxxi and it was quite visible;— had they seen this, and liberally proposed lowering their rents according to the fall of corn prices; — had they thus lowered rents, and insisted at the same time, which in the omnipotence of their power they could have done, that fundholders should be paid in the same pro- my long-established opinion as to what would happen after the war. The Letter was written, to expose the indifference of landlords at that time to the interests of their tenants, and to show how unprincipled was the farmers’ property-tax : I shall here give an extended quotation : “ In the property-tax bill, what class of men is so strangely, so unfairly used ? (alluding to the farmers.) One paying a moderate rent, fairly settled in his possession, and able to spare from his profits, assessed in a moderate proportion : another, who has just got sufficient stock, adventures (perhaps he had closed his bargain immediately before the act was passed) with a farm at a very high rent, which for several years, if he be a spirited cultivator, positively will not pay the expence; and by the end of which period peace and cheap markets ensue : this man, at a time when all is outgoing, from the price of everything being raised by the war, is greater than ordinary ; this man has to pay at the rate of 30 or 40 per cent, of the interest of his capital, sunk for years, and which may rise in times when reduced prices will only give it breath to see its end with the termination of his lease This is no fancy : it may yet be practically evinced. The farmers, good souls 1 have of late years found they could not go wrong in taking land ; and if their purses were able to pay, it did not matter to them what injustice reigned above, or how their dignity as a body was affected. If the experience of several years has settled them into a purring contentment and confidence, it would be a pity that they should open their eyes and disturb their quiet by looking to the markets on the continent, where, not- withstanding the ravages of war and unsettled credit, cheap labour and removed absurdity can afford the productions of the soil at one-third of our price.” — Letter to the Earl of Kellie, p. 58. CCCCXXXii GENERAL INTRODUCTION. portion ; that all government officers should be paid in the same proportion, See. &c. ; — then, indeed, with peace we should have had plenty and pros- perity. What is to prevent this to be done now i* What is to prevent a general arrangement through- out his Majesty’s dominions, that all contracts may be paid on a certain scale of reduction ? Suppose your august parliament, Canadians, was to enact that all contracts were to be compounded for at a certain low rate, which would save you from uni- versal bankruptcy among yourselves ; which would enable the inhabitants of Halton to get out of the books of James Crooks, Esq. M. P. ^our pro- vincial law could not let him out of the books of the merchant in Montreal ; nor could an enactment of the Lower Province let the Montreal merchant out of the books of the London merchant; but if the British Parliament were to set about the work;— if the supreme government were to admit of debts being extinguished at 30, or 40, or 50 per cent, dis* count at home, and our governments abroad were to act in unison, we should be all able to start afresh, hale, sound, and unincumbered ; and with the dire experience of what has happened, avoid in future such scrapes as those in which we are in- volved. All this could be easily effected, had reason the controul ; but I must confess, that my hope of reason guiding our destinies is not very sanguine. Again, adieu. GENERAL INTRODUCTION. CCCCXXXlii 26//i February y 1822. Canadians! TL HE above was post-dated four days, to make up the month, from the date of my former Address to you, and it was just written when the Ob- server Newspaper, published at York, in Up- per Canada, the 24th December, 1821, was put into my hands. This paper was brought over by a merchant * of Niagara, who crossed the river at ^ This merchant is the “ Englishman,^* spoken of, page xvi. On hearing of his arrival in town, I congratulated myself on the opportunity which now occurred, of letting him know what had been said before this book went abroad. I spoke of my inten- tion to mutual friends, and soon after another joined us, who ac- quainted me with the purpose of Mr. H., the Englishman, to call upon me ; and, from what was said, my mind was instantly set at rest from all suspicion of his having, as a juryman, acted from any prejudice towards me — any bad intention. Next morn- ing I called upon my informant, with a copy of this book, and the following letter, which ho was so good as to deliver to Mr. H. 13, Clifton-Strcet, Finsbury, Feb, 10, 1822. Dear Sir, A few days ago, I was informed of your arrival from Canada ; and although I had an uiqileasant affair, upon which to communicate with you, I was glad that an opportunity occurred. You were on my jury at Niagara. It was, I believe, owing to you, that I was banished ; and this banishment has ruined me in family, fortune, and reputation. This being the case, you may readily imagine, that if any circumstances led to a belief that you had acted under unjust bias against me, my feelings might be wounded not a little. Before my trial, lists were handed me of persons nominated as jurymen, who were unfriendly to me ; and your name was in one of tliese lists. Had I been collected and sound in mind, when brought up for trial, I should certainly never have admitted of such a trial as I was sub- jected to ; but, on a fair trial, most assuredly should have cast you off the list, having a person ready to swear that you had prejudged CCCCXXXiv GENERAL INTRODUCTION. Queenston, on the ice, the 2cl January, sailed from New York on the lOth, and was landed at Liver- pool, the 1st of this month : The Observer has me, and declared openly, before my trial, that I “ should he punished'' This, it would appear, was your opinion, before 1 had opportunity of defending my conduct It was an opinion which I could not have expected from you : still you had a right to that opinion ; and I, as assuredly, could have cast you for the expression of it. Some days before my trial you came and shook hands with me at the door of my cell, wliich was scarcely consistent with your declaration, that I was a culprit. Even had I been in good health, this might have deceived me, and led me to forego the advantage of casting you out of the list of jurymen. Now, with certain impressions springing from these facts and occurrences, 1 have in my book, about to be published, spoken of the affair without mentioning your name, yet in such a way as will probably make you feel sore. The moment I heard of your arrival, i resolved to let you know what I had written, and offer you satisfac- tion in any way you chose, if you felt yourself injured. Last night Mr. S accidentally met me, told me that you had proposed to call upon me, and thence my mind has been made up on tlie dis- agreeable affair. I have banished every thought of your having been Massed on trial against me, and shall be happy to see you, and shake hands. The book I shall leave with Mr. S for your in- spection beforehand, and shall yet have opportunity to soften the words used in it. 1 am, (&c. ROBERT GOURLAY.” “ J H , Esq.*» Since the above was written, I have met Mr. H , shook hands with him, and am perfectly convinced that there was nothing on his part unfair to me. Tlie whole, however, calls more and more for reflection on the infamous statute of Upper Canada, which was still more infamously resorted to, for my destruction; a statute which, after being heard of with execration by all the world, is still retained on the Canadian code by the Legislative Council I ! ! I am far from saying that bad government is the only cause of misery to mankind. We see much springing out of causes with which government has nothing to do ; but, in the amendment of government, we have reason to expect great amelioration of our condition. OENERAl. INTRODUCTION. CCCCXXXV ten columns stuffed with dehates of your Parlia- ment, on the 6th, 7th, 8th, 10th, and 1 1th of December,^— debates very considerably worse than nothing, in which the lawyers have nine shares out of ten. 1 was very sure, when I first learned that seven lawyers were returned to Parliament, that they would delay inquiry, and increase con- fusion ; and so it appears, from the shewing of the Observer. The Observer contains this curious paragraph: '‘We fear our Parliament will continue longer than we expected. A Bill came down from the Upper House, which goes to vest a power in the judges, to tax litigious characters.” Judge Powell will have it all his owrt way, by- and-by. A bill to tax litigious characters '. ! ! The good people of Pittsfield, in Massachu- setts, whose attentions to me I shall never forget, have, we are just now informed by American newspapers, agreed among themselves, to settle all disputes by arbitration, without troubling either lawyers 'on the bench or at the bar. This is excel- lent. It anticipates a project of my own, which, as soon as I obtain a seat in the Canadian Parlia- ment, I mean to bring forward : its object being to dispense both with lawyers and priests. Under good government this is quite practicable; and, established in practice, how happy should we all be, even in this sublunary world!! The Ob- server proceeds : “ During the discussion of the Coiitirmation Marriage Bill, on Saturday, a clause was introduced by Col. Nichol, and, to our astonishment, carried. It legalizes the children CCCCXXXTi GENERAL INTRODUCTION. of certain marriages ; but makes their mothers what we do not wish to name/’ It will be amusing to the English reader, to have a specimen of Canadian oratory, and the Observer furnishes a good one. He {Mr. Jones) would tell that Gentleman that he was as much devoted to the cause of Royalty * as any man in the country; but that devotion to support his Sovereign, should he on honourable grounds, and then he should support him with his life — with his property ; but not by slavish obsequious- ness (the applause that burst forth shook the buildmg to Us base). Mr. Jones said that he wanted that sum restored to the people, which was iniprovidently given by a former Parlia- ment. The granting or withholding of money w as the con- stitutional check of the democratic upon the other branches of the legislature, and it was for the purpose of preserving inviolable that check, that this bill was introduced. Where, he would ask, was the use of their coming to that House, if they were tamely to surrender this great privilege ? This House has only within these few years been called upon to vote money, for the support of the administration of the civil Government; and in proportion to their utility, thus to vote monies, was their consequence and importance in- creased. It was not the opinion of their constituents: it was not the opinion of the country: it was not the wish of their Sovereign, that they should comply with the arbitrary suggestions of the honourable member from Kingston. (Hear, hear, hear, and bravo, in the gallery.) And bravo ! say I, in London. Bravo! Jonas * On my passage from Leith to London, last spring, I had for a fellow royager, an officer who had recently come home, from being some years in Upper Canada. He was stationed near to where Jones resides, and it would be edifying to tell his opi- nion of the royalty of the Member of Parliament, was there room for it. GENERAL INTRODUCTION. CCCCXXXVii Jones, of Brock ville, lawyer, M.P. and Esquire. You’ve “ screwed,” at last, “ your courage to the sticking-place.” I hope you won’t vote a far- thing for the existing civil Government, and, I hope, not one farthing will be voted this year*, to- wards it, in the British Parliament. Then, of necessity, the governors, themselves, will cry out for inquiry. This fellow, Jones, (I am intitled to speak plain; this fellow was reported, by word, to have used the language noted in pageccccxvii, and I have writ- ten evidence of part of it, see Vol. ii. page 665), you will remember, had the chief hand in gagging you, and I shall give the following extracts from the Upper Canada Gazette, to refresh your me- mory, respecting the pretty proceedings of your As- sembly, and the spirit with which your present Lieutenant-Governor, Sir Peregrine Maitland, be- gan his reign. The following clause made part of his speech, on the 12th October, 1818 — h\?,maiden speech when opening Parliament. “ In the course of your investigation, you will, I doubt not, feel a just indignation at the attempts which have been made to excite discontent, and to organize sedition. Should it appear to you, that a convention of delegates cannot exist without danger to the constitution, in framing a law of pre- vention, your dispassionate wisdom will be careful that it shall not unwarily trespass on that sacred right of the sub- ject, to seek a redress of his grievances by petition.” To this the Legislative Council replied on the 14th October, in these words : * Upwards of £7,000 was voted last session of the British Parliament to the civil list of Upper Canada, and upwards of £10,000 the session before— altogether absurd. ccccxxxviii general introductioiV. We shall, at all times, feel a just indignation at every attempt which may excite discontent, or organize sedi- tion ; and if it shall appear to us, that a convention of dele^ gates cannot exist without danger to the constitution, in framing a law of prevention, we will be careful that it shall not unwarily trespass on the sacred right of the subject, to •eek by petition a redress of grievances/’ On Monday, the 19th October, a Committee of the House of Assembly presented an Address with the following clause : We feel a just indignation at the systematic attempts that have been made to excite discontent, and organize sedi-» tion, in this happy colony, while the usual and constitutional appeal, for real or supposed grievances, has ever been open to the people of this Province, never refused or even ap- pealed to ; and deeply lament, that the designs of one fac- tious individual (me) should have succeeded in drawing into the support of his vile machinations, so many honest men, and loyal subjects to his Majesty. We remember that this fa- voured land was assigned to our fathers, as a retreat for suf- fering loyalty, and not a sanctuary for sedition. In the course of our investigation, should it appear to this House, that a convention of delegates cannot exist without danger to the constitution, in framing a law of prevention, we will carefully distinguish between such conventions and the lawful act of the subject, in petitioning for a redress of real or ima- ginary grievances; — that sacked right of every British subject, which we will ever hold inviolable,” HOUSE OF ASSEMBLY, WEDNESDAY, OCTOBER ^IsC, Mr. Jones moved that the House do now resolve itself into a Committee of the whole, to take into consideration that part of his Excellency’s speech, at the opening of the present session, which relates to the meeting of Delegates in Convention. — Carried. GENE UAL INTRODUCTION. CCCCXXxix THURSDAY, OCTOBER 22d. Tl>e House went into Committee, to take into consider- ation that part of his Excellency’s speech, at the opening of the present session, which relates to the meeting of Dele- gates in Convention. Mr. Burnham reported, that the Committee had agreed to some resolutions, which he w'as directed to submit for tlve adoption of the House, which were received and adopted, neni. con. as follows : — 1st. Resolved. — That the rights of the people of this province, individually or collectively, to petition our gracious sovereign for a redress of any public or private grievance, is their birthright, as British subjects, preserved to them by that free constitution which they have received, and which, by the generous exertions of our mother country, has, through an arduous contest, been unimpaired. 3d. Resolved. — ^That the Commons House of As- sembly are the only representatives of the people of this , province. 3d. Resolved. — That the electing, assembling, sitting, and proceedings of certain persons, calling themselves Re- presentatives or Delegates from the different districts of this province, and met in General Convention at York, for the purpose of delibeiating upon matters of public concern, is highly derogatory and repugnant to the spirit of the consti- tution of this province, and tends greatly to disturb the public tranquillity. 4lli. Resolved.— That while this Committee regret that some subjects of His Majesty, whose allegiance and fidelity are above suspicion, have been deluded by the unwearied and persevering attempts of the factious, to lend their counte- nance to measures so disgraceful, they cannot admit that their example should give a sanction to proceedings mani- festly dangerous to the peace and security of the province, proceedings, which it is painful and humiliating to observe, have drawn upon this loyal province the attention of other GENERAL INTRODUCTION. ccccxl countries, and of our sister-province, and even of our parent state, as to a colony impatient of its allegiance, and ungrate- ful for the fostering care that has cherished its infancy; looking anxiously to the period of its strength as the moment of its revolt. 5th. Resolved. — That to repel at once so foul an imputation, to undeceive the misguided, to stifle the hopes of the disturbers of public peace, and to give to our parent state and to the world the best grounded assurance that the inhabitants of this province know how to prize their happiness in belonging to the most exalted nation upon earth, and desire no more than the secure possession of that just liberty which her own more immediate children enjoy, it is the opinion of this Committee, that some such legislative provision should be enacted as the wisdom of the Imperial Parliament has found it proper to provide to meet similar occasions, which may hereafter put it out of the power of any designing persons to organize discontent, and degrade the character of the province. 6th. Resolved. — That these Resolutions be communi- cated to the Honourable the Legislative Council. Present. — Messrs. Burwell, Me. Martin, Van Koiighnett, Cameron, Durand, Chrysler, Nelles, Howard, Hatt, Jones, Cotter, Swayze, Burnham. — 13. Wednesdat/f October 28/A. Mr. Jones obtained leave to bring in a bill to prevent cer- tain meetings in this province, which was read the first time. » Saturday/ y October 3\st. The Bill to prevent certain meetings in this province being read the third time,— Mr. Van Koughnett moved, that it do now pass, and that it be entitled, An Act to prevent certain Meetings within this Province.’^ Upon which the House divided, and the Yeas and Nays were taken as follows : — Yeas^ Messrs. Swayze, Fraser, Cotter, Clench, Hatt, Van Koughnett, Durand, Burnham, Cameron, Robinson, Howard, Jones, Nelles — 13. GENERAL INTRODUCTION. ccccxU Naj/s, Mr, Casey. Carried in the affirmative, by a majority of twelve, and the Bill signed. An Act for preventing certain Meetings within this Province. Whereas the election or appointment of assemblies, purporting to represent the people, or any description of the people, under pretence of deliberating on matters of public concern, or, of preparing or presenting petitions, com- plaints, remonstrances, and declarations, and other addresses to the King, or to both or either Houses of Parliament, for alteration of matters established by law, or redress of alleged grievances, in church or state, may be made use of to serve the end of factious and seditious persons, to the violation of the public peace, and manifest encouragement of riot, tumult, and disorder. Jt is herebt/ enacted^ Tliat all such Assemblies, Com- mittees, or other bodies of persons elected or otherwise con- stituted, or appointed, shall be held and taken to be unlawful Assemblies ; and that all persons giving or pub- lishing notice of the election to be made of such persons or Delegates, or attending, voting, or acting therein by any means, are guilty of a high misdemeanor. Provided always, That nothing in this Act contained, shall impede the just exercise of the undoubted right of His Majesty’s subjects to petition the King or Parliament for re- dress of any public or private grievances.” York, Nov. 27, 1818. At three o’clock this day, his Excellency, the Lieutenant- Governor, proceeded in state to the Legislative Council Chamber, where, the House of Assembly having been summoned to attend, his Excellency gave the royal assent to the Bills mentioned below, and closed the session with the following speech ; — Honourable Gentlemen of the Liegislative Council, and Gentlemen of the House of Assembly, It does not appear that any alteration has occurred in the state of His Majesty’s indisposition. CCCCXlii GENERAL INTRODUCTION. You have afforded seasonable aid to the constitution by your Bill, entitled, An Act for prevetiting certain Meet- ings within this Province'' It is a subject for deep regret, that the constitution should have stood in need of such aid ; but let us hope that the good disposition of His Majesty’s subjects will put an early period to this unhappy necessity. If any portion of the people of this province be indeed .a' aggrieved, they are well aware that a dutiful petition, pro- ceeding from themselves, would find easy access to the foot of His Majesty’s throne. Gentlemen of the House of Assembly ^ I thank you, in the name of His Majesty, for the supplies you have granted for the service of the current and the en- suing year. In future, I hope to relieve you from the annual demand for the support of the Surveyor-General’s department. You have added to the character of the province, by the unanimous expression of sentiments, which are highly worthy of the enlightened representatives of a free and generous people. I could not refuse myself the pleasure of trans- mitting your Resolutions to His Majesty’s government, well convinced that they would prove grateful to the royal per- sonage who presides over it ; and confident that they will be received with affectionate approbation by every description of your fellow-subjects in the mother-country. Honourable Gentlemen and Gentlemen, There are a few objects of general importance, which, had the public mind been tranquil, I should have brought before you early in the session. Of these I shall mention one, which appears to me to require, in a peculiar degree, your calm and deliberate consideration : I mean the providing a remedy for the unequal pressure of the Road Laws. By of- fering at present this subject to your notice, I hope to benefit by the attention you will be pleased to bestow upon it during the recess. GENERAL INTRODUCTION. CCCCXliii After wliich the Honourable the Speaker of the Legisla- tive Council, announced that the Parliament was prorogued to the 2d of January next. Canadians! Reflection on the above extracts may still be of use to you. The convention which I had assembled, not only was lawful, but did any thing but what was seditious. It referred its cause to the Lieutenant-Governor and Assembly, and thus was it treated I ! Your liberty of meeting by deputy was no sooner taken away by your own represen- tatives, than I was committed to jail, and deprived of liberation, on application by writ of habeas cor^ pm! ! Thus tyranny goes on from worse to worse ; but tyranny could not exist in any country were the people virtuous: and you may think of that till we meet. The foregoing pages will tell you not only what I have been doitig since my arrival fromQue- bec, butyou will be able to judge of my sentiments and pursuits for more than 20 years back, from the various extracts I have produced of publications at different times ; and I do challenge the w'orld to present proofs of any one being more constant to principle, more peaceable, or more consistent; yet I am the man whom your parliament denounced as the “ one factious individual.” The poor creature, who is above reported as the huilditig shake to its vei'if base with applause, never had, and has not, a conception of the good which you might have experienced, had a commission come home four years ago, when I first recommended that measure. Your civil list, your claims upon government, could all have been paid before now, by good management, out of the rich stores which nature has provided in CCCCXliv GENERAL INTRODUCTION. the province; but these must lay hid till common sense and manly conduct take the place of ignorance and vanity. 1 am told, that since your parliament met, Sir Peregrine Maitland hassent homea message respecting the dispute with the lower province, no doubt, to be laid at the foot of the throne*, where such messages, and many of the trashy addresses of your parliament have been laid again and again, without ever having been heard of in this country. I am told that your Assembly has resolved not to grant supplies this year till the alien act is repealed, it is all wretched trifling. The province will con- tinue a sink of corruption, sycophancy, and mean- ness, till the Imperial Parliament takes its state into consideration; and I have now drawn up, to be presented to the House of Commons, by iVIr. Hume, the following petition, written since I read of the building being shaken to its base with the oratory of Jonas Jones, of Brockville, lawyer, M. P. and Esq. • Since the above was written, a New York paper, of the 8th of February, has arrived, containing the following article : « Upper and Lower Canada. “ Difficulties have for some time existed between the two Pro- vinces, on the subject of duties received at the port of Quebec. Last year, Committees from both Provinces met at Montreal, in order to settle this business, but adjourned without effecting any thing. We now find, by the York (U. C.) Observer, that the Attorney General of the Province is to proceed forthwith to England, as a Commissioner to present the Addresses of both Houses of the Provincial Parliament, upon the subject, to the King. The sum of 3000 dollars has been appropriated for his services.’* GCNGRAL INTRODUCTION. CCCCXiy To THE Honourable the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled. THE PETITION OF ROBERT GOURLAY, Humbly sheweth, That, your petitioner has had presented to your honour- able House two petitions, calling attention to the state of Upper Canada as it concerns emigration. That these pe- titions were received and ordered to be printed : one, on the 11th July, 1820; the other on the 27th June, 1821 ; and to these your petitioner would still refer*. That, your petitioner now presents himself before your * On first scrawling out the above petition, I allowed myself to enlarge on several points beyond what the nature and limits of a petition could properly admit : several passages were accord- ingly thrown out; but it may be well to quote some of these now, for the sake of illustration. They shall be numbered, to dis- tinguish them from other notes. No. 1. “ That by perusal of the former of these petitions, your honourable House will tinil that your petitioner was most cruelly treated, in Upper Canada, under colour of a provincial statute, ap- plicable only to aliens and outlaws : — that he was cast into jail, and deprived of his right of liberation, on application, by writ of habeas corpus, although it was expressly declared, by Mr. Pitt, in his Ma- jesty’s name, on the 4th March, 1791, when the Royal Message was read to the House of Commons, desiring a constitution to* be given to Canada, that ‘ the habeas corpus act was already law, by an ordi- nance of the Province, and this invaluable right was to be continued as a fundamental principle of the Constitution.’ (See vol. ii. p. 4.) “ That your petitioner conceives this single violation of consti- tutional right — this flagrant disregard of law and principle, is suffi- cient to cause inquiry to be made by your honourable House, into the state of Upper Canada ; but he asserts that not only this act of violation has lieen committed in the Province, but others, by which both person and property have been rendered insecure.” CCCCXlvi GENERAL INTRODUCTION. honourable House on broader grounds. He would now call attention not only to the state of Upper Canada, but to th^ ofour North American colonies in general; colonies, whic , since the revolutionary war of America, have been main- tained at an enormous expense to this country, wuhout yield- ing it a farthing of profit. „ , That, at the present crisis, when it is allowed by all that economy and retrenchment are essential to the salvation of the empire, the mere saving of expense must be deemed matter of importance; but, your petitioner asserts that, not only may all expense in governing North American colonies be saved, but that these colonies may, if properly governed, yield a considerable revenue to Britain. That, your petitioner's opinions on the subject have been formed,* not only from personal observation during a resi- dence in Upper Canada, but from a continued correspon- dence, since then, with that part of the world; a constant attention to occurrences connected with the colonies ; an much reflection on the constitution thereof; the state of property, and state of society therein. That, your petitioner assumes it as an almost self-eviden proposition, that North American colonies cannot be retained to Britain for many years, on principles less free and inde- pendent than those which govern the adjoining country. He is assured, that before many years go by, these colonies must either be declared independent, and be held in connexion with Britain by liberal treatment and the interchange of fa- vours ; or, thev must fall into the arms of the United States, and become part of that already too extensive and aspiring republic^ That, your petitioner is most positively assured, that t e latter alternative would not be agreeable to the wishes of the colonists : that the former, on every account, would be pre- ferred, and is therefore worthy of countenance from the Im- perial Parliament; as the result equally concerns the honour and the interest of the nation. That your petitioner is aware that the colonies are not yet general introduction. ccc cxlri ripe foi independence, — that they are yet deficient both in physical strength and mental ability ; but, were the mere promise of independence, at the end of ten years, granted to them, he is assured, that all chance of war would cease in that quarter of the world ; and were certain arrangements made with the government of the United Stales, an immediate and great reduction of our military and naval establishments might take place, 'while a vast q^uanlity of warlike stores might be spared for other useful purposes * 2. “ That in a moral point of view, it is greatly to be de- sired, that our North American colonies should be reared up into a nation apart from, and independent of, the United States. The people of these States have not evinced that pure and manly spirit which might have been expected from them, enjoying so many blessings. Their shallowness has betrayed itself : their vanity has become proverbial : they have idolized military glory : they have sanctioned the deeds of a murderer : they have blighted the hopes of liberty : they have sullied the fair page on which she had written her name, sanguine of an asylum in the west. The his- tory of the world has told us, and the system of nature seems to require, that mankind must be truly virtuous before all come into union ; — that nations must remain apart, while the finger of scorn can point with effect to each other’s crimes, — till the adoption of sound principles is complete, and uniform good conduct has left no occasion for a blush.” This will not please Americans, but I cannot help that. No man ever crossed the Atlantic with better feelings towards them than I. After travelling in the United States, I saw reason to check some of my fondest hopes, and, till the approval of Am- brister’s murder (it should go by no other name) is erased from the Journals of the American Congress, I shall be sorry, indeed, to see the slightest addition made to the power of the great western republic. America will, probably, divide into several governments : that of the Sea Board, the St. Lawrence, the Mississippi, &c., as common interests require. The most doubt- ful point, for speculative opinion, respects the slave states. The Convention which has lately sat, for altering the constitution of CCCCxlviii GENERAL INTRODUCTION. That, there are two great objects which demand attention, objects quite sufficient to form the cement o4 a lasting con- nexion between Britain and her North American colonies, without interference on the part of British Ministers with their internal government. The first regards the disposal of public and unappropriated land ; the second the regulation of commerce. That, the first of these objects, viz. the disposal of land, is, of all things, perhaps, most worthy of attention from your honourable House. It is an object which never before has been brought fairly into public view; but which, when duly considered, must appear of great importance, not only as it may tend to national aggrandizement, but also be instru- mental in advancing the limits of civilization, and in improving the condition of man. That, hitherto, public land has been disposed of in a way which has at once sunk its value, and prevented its improve- ment. No consideration has yet been bestowed on a most important principle, w hich not only rules the value of landed properly, but which may be studied to advantage, for the comfort and prosperity of those who are to occupy and cul- tivate. In Canada large portions of land are set aside for the future purposes of government : large portions arc set aside for the maintenance of a dominant church, which has not even a chance of being established ; and large portions are given away in favour and for fees of office, to individuals who never think of cultivating, but who depend on sales at a re- the state of New York, has allowed of Blacks participating in civil rights. This will not soon be conceded in the slave states : nor would it be proper, without previous preparation. T. hat, it is to be hoped, will speedily be set about. The approval of Atn- brister’s murder must not be ascribed to the nature of the Go- vernment of America, but to the low character of the people. It was their representatives in Congress who approved. The Senate, composed of better educated individuals, disapproved : this is matter for important reflection : it is cheering. 2 GENERAL INTRODUCTION. CCCCXlix mote period of time, while actual settlers are, in con- sequence, removed so far apart, that it is impossible for them to cultivate with economy and profit. The bad effects of thus disposing of land is clearly evinced by contrasting Canada with the contiguous parts of the United States. These have been settled many years later than Canada, but already they are three times more populous, and land there is four times more valuable. These results have mainly sprung from the different modes of disposing of public lands. In the States it is exposed to free sale, at the rate of one dollar and a quarter per acre ; and, by the official returns of last year, produced a revenue of one million and six hundred thousand dollars In Canada, the very process of disposing of land by Government, is attended with loss to the public. * The above is quoted from an article in the Traveller, of January, 1822 , which is altogether well worthy of a place here. “ The Report of the Secretary of the United States Treasury to the House of Representatives, has reached this country. The following is the account of American finances, under the heads of receipt and expenditure. receipt. DOLLARS. EXPENDITURE. DOLLARS. Customs — 14,000,000 Debt — 5,722,857 Sales of land — 1,600,000 Army — 5,108,097 Other receipts — 510,000 Navy — 2,452,410 Civil expenses 1,664,297 16,110,000 14,947,661 Balance 1,162,339 16,110,000 Converted into sterling money, the United States income amounts to jg3,624,750, and its expenditure to £3,363,221. The ex- penditure of the United States, including the interest of the debt, f f ccccl general introduction. Tliat, Um 5 most melancholy effect of the unthrifty dis- posal of land in Upper Canada, is that of degrading the peo- ple. Scattered over the province at the rate of seven to the square mile, they have not only been unable to co-operate in rural economy, but have retrograded in civilization and moral worth. The British Parliament liberally conferred on the people of Upper Canada a free constitution liberty to make laws for themselves, and to uphold the purest prin- ciples of freedom ; but in ignorance * * and degradation they is thus about one-third of the charge in Great Britain for the army including the military part of the ordnance) alone. Exclusive of the charges of the debt, the whole civil and military expense of the United States is about £2,075,579, nearly the sum which is frittered away in this country in what are called Miscellantaus ser- vices, that is to say, expenses exclusive of the charge for the army, navy, and ordnance, the allowance to the royal family, and the expenses of the administration of justice. The civil expenses of the United States are £370,000: those of England, which come under the head of Miscellaneous Services, and charges on the consolidated fund, generally amount to four millions. • Since the above petition was prc-sented to the House of Commons, a notable proof of the ignorance of the legislators of Upper Canada has been laid before the House of Peers. Let it first be read as extracted from the Times Newspaper of March 1st, 1822 ; and then I shall make remarks. “ House or Lords, February 28th. Upper CiCn.\da. Earl Pailuirst laid on the table, an Act of the Legilative Assem- bly of Upper Canada. VVe understood the Noble Earl, who spoke in a very low tone of Toice, to state that this was done in conse- quence of an Act of Parliament, according to which, when a Bill, under certain circumstances, passed the Assembly of Upper Canada, il was necessary, before it received the royal assent, to lay a copy on the table of both Houses of Parliament. After lying on the table thirty days, without any objection being made by either House, GBNEUAIi INTRODUCTION. ccccli liave abused Uiese inestimable privileges: they have suffered t re best of laws to be counteracted by the arbitrary power of u yi'y, of » '0% unless he should ihrnk fit to withhold his assent. The present legislative mea- LTof th ‘o * former act of Aat Assembly, by which one-seventh of the lands, in everv township, was appropriated to the use of the Protestant Church. Phis portion of land was intended for the maintenance of the church • but notwithstanding this appropriation, doubts had since arisen as to’ whether the remaining six-sevenths of the land, were not liable to the payment of tithes. The object of the Bill, which he now laid on the table, was to remove these doubts, by declaring that the six-sevenths were not liable.** In a letter dated February 19, 1818, addressed to me by a member of the Upper Canada parliament, then in London, it is written, “ I am sorry to say, that a bill, which was passed two years ago, for doing away the right of tithes in Upper Canada, has never, in conformity to the constitutional act, been submitted to the Imperial Parliament and, in consequence of this neglect thetmse legislators of Upper Canada, still dreading tithes, passed a second Bill (see voL 2, p. 682.) which is that now laid on the Uble of our House of Lords. Lord preserve us from foolish le- gislators! In my second volume, the reader will find a curious criltgue on the Upper Canada Statutes at large; and I hope it may prove generally useful in making people consider the absurdity of too much law. In the course of thirty years the poor bodies of Upper Canada have absolutely bog’d themselves in their own folly and filth of legislation. — But to the instance before us. The dread of tithes in Upper Canada sprung out of the first statute which was enacted there, adopting the whole law of England, save that which regarded bankrupts and the poor (see vol. 2, p. 113). It was argued, after this statute was passed, that, as tithes were lawfully drawn in England, ergo, they might be drawn in Upper Canada. The fallacy was, and is, that the law of England subjected land generally to tithes, instead of only protecting the property in tithes upon certain lands: and, f f 2 cccclii GENERAL INTRODUCTION. their governors; and they have fabricated a code absolutely disgraceful to modern times. Neither person nor property, indeed, can now beheld secure in the province. That, Upper Canada, by nature the finest part of Arne- rica, is chiefly valuable to Britain, as it may be made an asylum for her redundant population; but this greatest good cannot be realized from the wretched state of property, an still more wretched jurisprudence which there exists. Igno- rant and poor emigrants only, settle in Upper Canada, while all who have wealth and intelligence betake themselves to the United States. Tliat, were public institutions equally good and equal y well observed in the province as in the States of America, not a man would emigrate from the United Kingdom to the lat- ter country unless attracted by some peculiar object: that the commercial advantages which Britain can and does con- fer on her colonies; the comfort of adhering to natural al- legiance; the love of country and kindred; the numerous it would have been equally rational to have supposed, that, by adopting the laws of England, all land in Upper Canada was sub- ject to pay the land tax of England, and what not. Here, how- ever, we have a twice-passed Bill of Upper Canada, lying on the table of the House of Lords!! waiting for the royal assent!!! Will the king give his assent to this silly concern, and quiet the groundless fears of his liege subjects of Upper Canada ; or con- suit his own dignity in refusing ? If this Bill receives the royal assent, it is possible that the moon-rakers of Upper Canada may take alarm, and send home another Bill, to get it solemnly declared, that the moon is not made of green cheese, and never can be devoured by church-mice. But, before the Bill has been thirty days before Parliament, for approval of Lords and Commons, would it not be well for them to interfere, and prevent trouble to his Majesty ? nay, may we not hope that this very display of provincial silliness may assist in obtaining inquiry into the state of Upper Canada ? GRNERAL I?^TR0DUCTI3N, CCCcliu benefits which British subjects are entitled to at home and abroad; the pride, the glory, the honour of remaining in connexion witli the greatest nation upon earth,— all con- spire to make the British emigrant prefer the colonies to an alien land ; but with heavy heart, he who thinks at all, must relinquish these for advantages still more valuable and substantial. That, your petitioner observed with regret the monstrous mismanagement in Upper Canada, and sent home coramuni* cations to be laid before Lord Bathurst on the subject, but without avail:— that he has, within the last six months, cor- responded with the colonial department: has offered to submit improved plans of settlement; has tendered his ser. vices at home or abroad without emolument; has offered to contract for the settlement of land in Canada, and pay for it at the rate of one dollar per acre, which, with government patronage, he could easily do ; but all to no purpose : and he now states these facts to your honourable House, as matter worthy of public notice and investigation. Thou- sands of poor emigrants are annually shipped off to the colonies : thousands are engulfed in misery when they get there, and all for the want of arrangement, which might at once secure comfort to individuals, and admit of profit to the nation. That, giving independence to the colonies, and withdraw- ing from all interference in their domestic government, is quite compatible with our retaining the right of disposing of unappropriated land, and drawing a revenue from thence ; quite compatible with the colonists remaining under Bri- tish sovereignty. This country has the power of directing the current of emigration to any of her colonies ; and all property must improve in value as population becomes more dense, and where judicious settlement is made. Hence there is scope for mutual benefits. Colonies may grow strong from an increase of people; and the mother country may go CCCcliv GENERAL INTRODUCTION. on for ages reaping profit from the land she settles out of her redundant population. That, it would be vain for your petitioner to enter at pre- sent into any detail as to his plans of emigration and settle- ment, a subject to which he has devoted his attention for several years. lie refers to the fact now more and more the subject of conversation ; the great increase of population consequent on good living and peaceful pursuits*. He points * The increase of population in Great Britain will appear from the following table : ^ 1801. 1811. 1821. England 8,331,434 9,688,827 11,260,555 ales •••••• 541. S46 611,788 717,108 Scotland •••••• 1,599,068 1,805,688 2,092,014 10,472,048 11,956,303 14,069,677 Army, Navy, &c. 470,598 640,500 310,000 Totals 10,942,646 12,596,803 14,379,677 Increase of population in the United States. 1790. 1800. 1810. 1820, 3,929,326 5,309,758 7,239,903 9,625,734 In my last letter from the United States, dated November 10th, 18^1, replying to queries concerning population, &c. it is said, “ The four years immediately after the late war w'ith Great Bri- tain, brought us about 100,000 from Europe, or 26,000 persons GENERAL INTRODUCTION. cccciv to the vast expanse of unoccupied land over which it has pleased Providence that the British sceptre should sway. He points to Ireland overflowing with a wretched popula- tion: to England getting more and more crowded with paupers ; and to Scotland w hose moral energies have sent forth her millions of industrious and respectable people to replenish the earth : he asserts, Uiat our whole redun- dant population may be disposed of to individual as well as to public advantage : — that Britain may combine the efforts of her children, and direct a mighty and constant stream of emigration into her colonies: that she may set on foot a scheme of benevolence heretofore unparalleled : that a new source of wealth and happiness may be laid open — a souice at once pure and abundant. That, the second great object soliciting attention from your honourable House, viz. the regulation of commerce, would go hand in hand w ith a grand system of emigration ; and might be established on principles equally simple, natu- ral, and permanent. That, your petitioner holds in his possession ofHcial docu- ments sent home from Upper Canada, by which it appears, that legislators of that country aim at imposing provincial duties throughout both the Cauadas, on grain, SwC. produced in the United States ; and a similar desire has been evinced in resolutions of a county meeting of U pper Canada. That this disposition of the legislators of Upper Canada betray s equal ignorance of the policy which should be pursued, and of the impracticability of executing their wishes, seeing that annually. Some years since, the emigration would probably fall short of 10,000.” During the last thirty years America has not probably received from Europe 8,000 emigrants annually. How absurd, then, are Godwin s assertions about America owing its rapid increase of population to emigration. 3 I f V . ! m. along a boundary of upwards of a thousand miles^ which separates the inhabited parts of the United States from Bii- tish America, there is no possibility of guarding against contra^ band trade : nay, from this very impossibility, Britain possesses the power of supplying the people of the United States with her manufactures free of those heavy duties which are now levied on them in the ports of the Republic ♦ On this subject the following article appeared in the Tra^ VELLER, 24th. January, 1822. “ A regular file of American papers have been received this morn- ing, to tlie 31st December, from which we copy the following : Kingston, Dec, 2, 1821. “ Our readers will recollect, that in the abstract we lately made of the evidence taken before the British Parliament last winter, relative to the timber trade, it was stated that certificates of origin would be required on shipments from the colonies, and that all timber thus shipped, if not proved to be the growth of his Majesty’s colonies, would be subject to the duties exacted on timber imported directly from a foreign state. “ Though this regulation has been in force only during the pre- sent season, we understand that schemes have been already devised to inti'oduce timber from the United States into the lower province, and to export H from thence to England, with certificates declaring it to be the growth of Canada. To check this species of fraud, which, if unmolested, would rapidly increase, it is in contemplation to form an association for the purpose of employing several trusty individuals along the frontier and elsewhere, whose business it will be to watch the introduction of American timber into the province, and to detect and punish every person who may endeavour, by peijury, to procure certificates that it is of Canadian origin. This association is, we un- derstand, already numerous ; and it will, doubtless, prove beneficial in guarding the British revenue.” The association will have full and worse than idle employment in my opinion. There is one place where the timber, coming from the United States, can be guarded out or taxed ; that is, where the boundary line crosses Lake Champlain ; and, from that « GENERAL INTRODUCTION, cccclvii That, the best policy of Britain, is to receive land produce, at Quebec and other British American ports, in exchange for our manufactures, without question as to origin. The grand benefit to be derived from possession of these ports, rests in securing a monopoly of trade, and, with liberal legislation, this may be carried to an extent, hitherto neither experienced nor contemplated. By liberal measures, the port of Quebec may speedily become the greatest in America, if not in the world — a port where we may give and receive to an unlimited extent — a port holding out to us the power of reaping the utmost advantage from American trade, without any officious meddling with the domestic politics of that country, — a port through which the parent state would be for ever able to nourish her progeny and supply her customers, — where the people of Britain and America would meet in the enjoyment of reciprocal accommodation. That, the late change in the law, which regulates the tim- ber trade, renders it more immediately necessary to attend to our colonial and shipping interests. Were liberal prin- ciples admitted ; were the corn law amended, and free sale of grain and flour coming from our colonies, allowed in this country, on payment of a fixed duty, an instant revival of trade would be experienced ; and by and by we should wit- lake there used to be very large quantities of timber sent to Que- bec. At a thousand other places it can be hauled across the line, or floated down the water boundaries, without the possibility of detection, when people on each side of the boundaries have an in- terest in playing into each other’s hands. While the attempt to restrain importation of this bulkiest article will be in great mea- sure nugatory, the attempt to restrain importation of grain into Ca- nada will be quite so. The importation of tea, &c. from the United States,’ is forbidden, but it is altogether farcical. I have been told by respectable merchants of Upper Canada, that nine- tenths of such goods consumed in Canada, come from the United States, leaving the fair trader no chance. Why then keep up a restrictive system only to beget roguery ? cocci viii GENERAL INTRODUCTION. ness most beneficial consequences ; — increased consumption and demand : rise of price both at home and abroad : we should see confidence restored, and plenty going hand-in- hand with peace. That, however necessary it was, under circumstances, to secure British farmers from ruin, at the termination of war, it is now too certain, that the existing corn law must be modified or repealed. Looking forward to change, and supposing it necessary, tliat a factitious state of things must be adhered to, your petitioner humbly begs leave to submit his opinion, that no change could carry w ith it such bene- ficial results, as the permission of free trade with our colo- nies, on the payment of fixed duties. It would at once give a monopoly to our shipping ; yield us a direct revenue ; and secure and increase the value of our foreign possessions. That, your petitioner has in his hands, documents, signed by many hundreds of the resident land-owners of Upper Canada, from which it may be proved, that wheat can now be grown in that country for 3s. per bushel ; and he could shew, that with certain changes in the state of property, in the power of the Imperial Parliament to make, wheat could be grown for 2s, per bushel. That, now, and for three years back, the cost of bringing wheat from Upper Canada to England, has not exceeded 2s. per bushel ; and that thus it may be affbrcled in Bri- tish ports for 4s. per bushel. That a duty of Is., 2s., 3s., or whatever sum may be found necessary to equalize the price witli that which wheat grown at home must sell for, to ad- mit of present taxes being paid, would be fair and reason- able ; and in proportion as the amount of duties increased. Government might free the British farmer of part of his load of taxation. The American farmer w'ould, from the sale of his produce at home, be enabled to purchase British manu- factures. British manufactures would thence multiply, and, by increased coiwumption, would render the foreign supply of food not only safe, but necessary. Nor could llie supply GENERAL INTRODUCTION. ‘ CCCclix coming from British colonies be ever withheld. In war, as in peace, its flow towards us would be constant and secure What, indeed, has Britain to fear from famine, if she is liberal to her colonies, — if she suffers com to be imported from British America, from the Cape of Good Hope, from New Holland, and from Van Diemen’s Land, subject to equalizing duties f It is a well known fact, that, hitherto, the supply of grain and flour, from America, has never been great, in proportion to the amount of home growth ; and, at no time, has importation from thence, been disadvan- tageous to this country, but the reverse. Indeed, all well- regulated trade wdth America, must leave us a profit, inasmuch as it gives opportunity for our cheaper labour, and our superior industry and skill, to exert itself, and earn its fair and natural reward. 3. “ Your petitioner, bred to farming, would in this place re- mark, that parliamentary Committees have been too fastidious on the question of this island growing its own bread-corn. It would be better, in the bumble opinion of your petitioner, if less land was cultivated, and more was set apart for the keep of live stock. An abundance of live stock would not only be a better guard against famine than the precarious supplies of harvest ; but would insure a better average return from a limited tillage. British far- mers have generally erred in ploughing too much ; and, at the pre- sent time, they are ploughing to excess, from necessity. They are exhausting their lands, while their live stock is unprofitably dimi- nished. It is not by driving the plough to hill-tops, by toiling upon barren muirs, or wasting health and strength in unprofitable bogs, that the farmer increases national wealth. It is by bestow- ing his best attention on the best soils, and leaving the worst to chance and futurity. If the British nation possesses, in every quarter of the globe, abundance of fertile land, why should her legislators confine exertion to a mere speck of the empire ? Why should the extremities be chilled, if, by free circulation, the heart can be strengthened ? ” ccwlx GENERAL INTRODUCTION. That, there are now, in England, some of the most re* spectable land-owners of Upper Canada, both of the Bri- tish and Indian nations, who may be called to the bar of your honourable House, or before any committee, along with your petitioner, who will substantiate the truth of what has been said above, and confirm the opinions of your pe- titioner. lie therefore earnestly intreats, that your honourable House will take the whole into consideration, and institute inquiry into the state of Upper Canada, and other colonies of Britain, And he shall ever pray. ROBERT GOURLAY. February 1822. March Sth. This petition was presented, and ordered to be printed, the 27th February. It was previously shewn to all my Canadian friends in town, and highly approved of by them. Mr. Hume, him- self, went over it twice before it was ingrossed, and obliged me by correcting it as often with his own hand. He spoke to Mr. Brougham on the subject, who advised delay till the home business was further advanced ; but 1 pressed the presenta- tion, by way of laying the ground-work for an after- motion, as well as that the printed petition might be perused by the committee appointed to revise the corn law ; and I have no doubt, that it will be taken into serious consideration by that com- mittee. There are but these words which require expla- nation) “ supposing it necessary that a factitious state of things must be adhered to I wish it clearly understood, that I do not think it neces- GENEUAI. INTRODUCTION. cccclxi sary, that a factitious state of things should be kept up for any great length of time. Free trade with all the world is my darling wish. With free trade, mankind would speedily come to know, and agree with each other, in political opinion. They would discover that very little of govern- ment interference was required, for the protection of person and property : that these could be pro- tected at small expense ; and that the mass of an- tiquated law might be flung aside, with all its trumpery expounders and executors. The plan suggested of receiving all land produce at Quebec, without question as to its origin, would most as- suredly give us a vast monopoly of trade, and tend much to confound the restrictive system of the United States ; but would British subjects ul- timately, and in general, benefit by this? I say, no: the Americans are willing to take off their duties on British goods, as soon as Britain chooses to admit of free trade. Free trade,— free importa- tion of corn into this country would not only give us abundance of cheap food, at all times, but en- rich us with the vast demand for manufactures. Population would then increase faster, in Britain, than it has yet done in America; but it would create no misery ; for the connexion with America would become so great and harmonious, that na- tural emigration would increase beyond all prece- dent. The moment a man found himself not fully employed in manufacturing goods for exportation to America, he would be off to that country, to cultivate land, to continue the abundance of bread at home, and give better employment to those lett CCCcIxii G£N'£RAL INTRODUCTION. behind him. In the mean time, people, on both sides of the Atlantic, would be getting better and better educated — more and more liberal in their ideas — more and more correct in their conduct and man- ners; and hope might be indulged, that before the continent of America was thickly peopled to the shores of the Pacific, virtuous restraint would be quite sufficient to keep the increase of population within due bounds : that no physical means would be required to check it, as proposed by Mr. Place*; and that it would no longer be a cause of vice and misery, as insisted on by Mr. Malthus. The sen- sual passion can be governed. Example, habit, sentiment, refraining from gross conversation, keep- ing in check the imagination, giving both mind and body proper exercise : — these are sufficient to raise us superior to beastly desire ; and the point should not be given up. What is it that maintains purity between brothers and sisters, but correct sen- timents, never suffered fora moment to stray ? What is so delightful as chaste converse with the sex ! Unluckily, it is the fashion of the world to laugh at beastly indulgence, — to excuse it in others, that we may find excuse for ourselves; but, is there, upon earth, a rake, who does not inw'ardly rebuke himself for his folly — who has not cause, sooner or later, to repent of every departure from rigid virtue } For myself, with sufficient experience, 1 say, no. “ I wave the quantum o’ the sin, The hazard of concealing ; But, och ! it hardens a’ within, And petrifies the feeling.” ^ In a well written, sensible book, just published. I GKNEIIAJL INTRODUCTION. CCCclxiii Poor Burns ! with thy genius and fine natural dispositions, how long, how respectably, how hap- pily might you have lived, but for giving way to vicious indulgences ! ! Canadians ! My only wish to see a factitious state of things kept up, would be to admit of our getting out of the miseries in which a factitious state has involved us. In ten years this could be accomplished. After ten years we could safely open our ports to all the world. In these ten years, were my scheme of abolishing poor laws (see page cxlii) put in execution, together with a grand svs- tem of emigration, every difficulty might be got over, every danger avoided, every evil corrected. For such a period only would emigration require assistance. You will see on my large map, lines of canals, roads, &c. These were meant to illus- trate my plans of settlement, had 1 finished this work, or obtained the countenance of Government. They run over about ten millions of acres, and there is there room to settle a million of people, who might be profitably removed from England and Ireland, while poor laws were in the course of being abolished, and the mass of the people pre- pared by education to take care of themselves in future. Were Government to charter a company for the settlement of these ten millions of acres, a dollar an acre could be paid for the land, and, at least, double that sum made by the company in less than twenty years. I may here observe, that the principle on which these improvements and settlements would proceed, has nothing to do with that on which the St. Lawrence navigation could ccccixiv GENERAL INTRODUCTION. be executed, as proposed in my addresses from Niagara jail, page ccclxxvii. The St. Lawrence navigation can only be executed on a grand scale, by the imposition of a land-tax, which would, at same time, speedily amend the bad state of pro- perty now existing: but that must rest with your Parliament; and your Parliament does not seem to have brains for the comprehension of the sim- plest rules of political economy. We have just heard that it was prorogued on the 17th January, after 3,000 dollars were allowed to pay the ex- penses of the Attorney General, on a mission to this country, to get settled, your quarrel with the lower Province, about duties ! ! ! There ought to be no duties to quarrel about ; but I have no patience with this consummation of trifling. With these 3,000 dollars, three of your Members of Assem- bly might have been here before now, to back my petition, — to have insured instant attention to the one thing needful — inquiry into the state OF THE Province. However puny is the object for which the At- torney General is coming home, it is well that he is coming. The King will now really be spoken to about Canadian affairs : he must consult Parlia- ment ; and Parliament thus formally consulted, Mr. Hume, and others, will have opportunity to advance the more important questions : this book will be more generally read ; and, in this book, with all its faults and imperfections, the great prin- ciples upon which Canada should be governed, will be found. u SUPPLEMENT. While in Upper Canada I published four Ad- dresses to the Resident Landholders. My first has appeared above, page clxxxvi, my second and third will be found in vol. II, pages 471j and ^81. To complete the set, I shall here produce the fourth and last, and add a reply and duply as a specimen of the political warfare which I had to wage in the Province. These extracts may give rise to some useful ideas now, and shall be afterwards referred to. NIAGARA SPECTATOR, May 27, I8I9. ... . ^ TO THE EDITOR OF THE NIAGARA SPECTATOR. Niagara Jail, May 22, 1819v Sir, In your paper of 17th December last, I announced wjy intention of being at St. Catherine’s on the 26lh of that month, there to consult with those who should honour me with a meeting on the subject of Instructions to be put into the hands of Parliamentary Representatives, prior to the sitting of their next session, intending to take my departure forthwith, for England. In the mean time, being arrested and served with an order to quit the province, it became necessary, in defence of my honour, to delay departure; and I informed the people who met at St. Catherine’s^ gg CCCclxvi GENERAL INTRODUCTION. that it might be better, under changed circumstances, to delay entering on the subject of Instructions, and that I should first deliver my sentiments through the medium of the news- papers, in a series of communications on the constitution and political circumstances of Upper Canada. Shortly after this, being arrested and committed to jail, I judged it proper to allow some time for the public mind to reflect on that extraordinary occurrence. Only a few weeks had elapsed when the whole magistracy of the district appeared in arms against me ; and in the number, many of t^iose who had shewn the greatest zeal in the cause of inquiry, prior to the arrival of Sir Peregrine Maitland in the province. It was impossible not to feel damped with such experience; and I must confess, that for some time a degree of melancholy rested on my spirits. Truly, it may be said, If the salt hath lost its savour, wherewith shall it be salted Seeing that parliament is now summoned to meet on a very early day, my pledge to the people of St. Catherine’s has been called to mind, and I have set about an attempt to redeem it. I have addressed a communication to the Resident Landowners of Upper Canada (herewith sent you for pub- lication) and would fain continue it ; but, in resuming my pen, I find my health so much impaired with confinement, that there is a want of energy to do justice to the subject, and I am doubtful of being able to complete my wish. The whole drift of my endeavours, first and last, has been to induce inquiry into the state of the province^ and to have a commission sent home^ that the whole may he openly and fairly submitted to discussion in the British Parliament. What I would now ask of those, who ever were sincere in support of my measures, is this, that they should immediately meet in their several townships, and address a letter to their respective representatives in parliament, expressing a wish that the subject of inquiry should be the first consideration of the ensuing session of parliament, after the infamous GENERAL INTRODUCTION. * CCCclxvii resolutions sent home to the foot of the throne^ are erased from the journals^ and the gagging act repealed. ROBERT GOURLAY. TO THE RESIDENT LANDOWNERS OF UPPER CANADA. ISiiagara Jail, May 20, 1819* Gentlemen^ I have thrice before now addressed you : always in sin- cerity, and never without considerable effect. My first Address was so simple, and in its purpose, so palpably beneficial to the province, that it must remain to excite sur- prise, how a single voice could be raised in opposition. My second Address was urged by imperious duty, on becoming better acquainted with the political state of affairs. The object of that Address was to advise parliamentary in- quiry into the state of the province, and the appointment of a commission to carry home the result. My third Address, holding the same object in view, sprung from a momentary impulse, occasioned by the sudden and extraordinary break- ing up of parliament. Wherever the light of information reached, this Address was electric, and thousands of the most loyal hastened to conform to its dicta. Horrible to relate, there were found among your own representatives, men, who, belying every preconceived notion of character and conduct, shewed themselves, in brutal opposition to the quiet and peaceable exercise of constitutional right, and who have finally, in their public capacity, made parly against the cause of truth and liberty; who, losing sight of that dignity which should ennoble them as statesmen, have stooped to the abuse of individual character, soiled the par- liamentary journals with the record of untruths, and bereaved their constituents of the most valuable privilege— that of employing rational means for carrying a petition to the foot of the imperial throne. gg* cccclxviii GENERAL INTRODUCTION. Gentlemen ! by the acts of your own representatives, you can no longer boast of freedom ; you are, in fact, this mo- ment slaves. Alas ! am not I myself a striking witness of this truth ? - a prisoner, without trial, after two honourable acquittals ! — a prisoner, locked up at the capricious mandate of my personal enemies ; as which of you may not be i And is there now an honest and independent man among you who would raise his voice against inquiry, who would prefer dark- ness to light, who would sit in ignominious silence while such things are? Was it to be enslaved that you came from the States of America, from Britain, and from Germany f Was it to be enslaved, that you here supplanted the native Indians, noble and free? Was it to sow' the seeds of despotism, that you lifted the axe to clear away these woods? Was it for the growth of tyranny and oppression, that you let in the solar rays to warm and fertilize the teeming earth ? Forbid it, Heaven! Deny it, grateful man! Why was America reserved to modern days for settlement? Why were thou-* sands of years suffered to elapse, and yet half the world un- known — unoccupied ? O ! it was most consistent with the designs of a Providence, ever benignant and kind — a Provi- dence, who wills to give a second chance to virtuous liberty. These thousands of years w'ere clearly meant to prove how vain are the struggles of man against the power of despotism, when once confirmed. Look to the old world : look back on the pages of history, and say what has there been exhibited — what is there recorded, but one continued tissue of misery from priests and kings, and superstition and tyranny? What! are w’e in this reserved and unpolluted land, to make no advantage of lessons so costly, and of experience so dear? Are we to shut our eyes to the so glorious designs of Providence? Are we to give way to natural w'eakness, and make no effort, while yet it may so easily be made to brace up the cause of reason and of truth — to smite in the bud the earliest germ of despotism? Are we to sufifer our own children to grow up in rebellion, and our V general introduction. cccclxix own servants to bind us about, unresisting, with chains ? No, even I, a prisoner, will protest against it : a prisoner, deserted, betrayed, and trodden down ; still will I call, though with a feeble voice, against acts disgraceful to British rule, killing to this infant colony, and sickening to every true feeling of generous loyalty. Gentlemeny though it is im- possible to speak on this subject without giving some vent to passion, I shall endeavour to moderate my language, and, with what calmness I can, enter into a discussion concerning the political state of circumstances of this province; which I trust may open the eyes of some, and correct the vision of others. Narrow, selfish interests have, no doubt, taken the lead against my measures ; but in their train they have borne along much perversity of mere temper — much prejudice — much ignorance. I have not been publicly accused of folly. The charges of my enemies are all of a criminal cast. They fancy some deep conspiracy, some horrid wickedness : they conjure up treason, bloodshed, and death. Were it not for a feeling of real sorrow that there are imaginations so foul as to conceive such thoughts, I should laugh outright at every criminal charge. It is now eighteen months since I became the subject of public animadversion, and from nothing that could breed suspicion, and blacken character, have I escaped. Has any evil been proved ? No : neither will it, though I should remain here as many years, and slander should cross and recross the Atlantic with every tide. In prosperity, in adversity, I have through life been uniformly the same : enthusiastic and sincere in every public under- taking: often imprudent: sometimes foolish; but never for a moment have I harboured criminal design. Gentlemen, your parliament is again about to meet, and the intelligence has roused me that parliament is about to meet, which thrice before assembled, only to sink the country in disgrace, deeper, and deeper, and deeper. Let every eye be turned towards the sitting of this parliament, that shame and compunction may at least work a miracle, and good be cccclxx GENERAL INTRODUCTION. forthcoming of evil. I am, myself, in hope, and again seize the quill, to call for INQUIRY, AND A COMMISSION TO GO HOME. I despair not of the old broom. The proverb says, that New brooms sweep clean but when a parliament is worn to the stumps, it will do you most ser- vice. The mass of dirt too, which at present needs removal, calls rather for stumps than spray. Let the hardened and dirty stumps grub up the thick of it, and a new parliament will come in appropriately for the more thorough cleansing of your apartments’*. There is but one thing concerning myself, which I wish seriously to be considered by your honourable Representatives — their conduct towards me last session. It was shameful, and wholly without excuse. If any little stomach is again charged with bile, let it not be forgotten, that with all the boast of privilege, the most honourable course is, to let com- plaint have a regular hearing in a court of justice. I am now paying dear for a fair chance of defending my conduct ; and if a fair chance is allowed, I dread not being able to satisfy the country, that so far from being blameable, my conduct has all along been founded on principles of duty and honor, never was, and never could be productive of harm. But let us proceed : let me give light to the operations of the old broom. To have a right conception of the true policy which should be followed, to secure a lasting connexion between Britain and her colonies, it is necessary to glance back to that period of history, which details the rise and progress of the revolu- tion which separated the United States from the mother • Wlien I was first shut up in jail, a man confined there was employed making Indian brooms. I asked him to teach me to make these, and said I should advertise my brooms for sweeping Hie provinoe. The joke went round, and then I gave it a turn by saying, I must first provide sl^vek. GENERAL INTRODUCTION. CCOclxXl country. It may first be remarked, that the inhabitants of America, before the revolution, were, both by the intercourse of trade and blood relationship, more closely connected with the English people, than you of this province ; and many documents prove how very anxious they were to maintain the connexion. It was broken by the infatuation and obsti- nacy of the British ministry. That ministry would persist in a principle which the constitution did not warrant, and which the American people nobly and successfully resisted. The cause of the Americans was espoused at home, not only by the majority of the people, but by the most eminent statesmen ; — by Chatham, and Burke, and Fox ; and that it was a good cause, the very men who opposed it, many of whom are still alive in this province, would not now for a moment deny. They themselves would now rebel against Britain, should any attempt be made, by the ministers of that country, to tax them without their own consent. But though the right of taxing themselves was the great and immediate object which induced the American people to resist the nefarious designs of the British ministry, there had been for many years before that crisis, causes which tended to retard the prosperity of the provinces, and alienate the affections of colonists from the mother country. How- ever pure may be the principles of any government, — how- ever flattering may be the language of state, there are invaria- bly at work, underhand and beguiling interests, counteracting these interests and belying this language. The proclamations of Britain may breathe the kindest endearment towards her provinces, and, in the heart of the sovereign every subject may have an equal share of royal affection; but beneath the sovereign care, a thousand petty interests are continually at work, and a thousand passions seek to be gratified. Charity begins at home, and unless the people of a colony look out sharply for their own interests, they will undoubtedly be sa- crificed to the pride and profit of the parent state. As the population of America increased,— as her natural resources CCCclxxii GENERAL INTRODUCTION. came to be developed, and the genius of the people found scope for enterprise, a competition in commerce and manufac- tures excited the jealousy of merchants and manufacturers at home. These left no effort untried to check the increase of American shipping, or to palsy the arm of the colonial craftsman : ‘‘We must not” (said a British minister, taking the part of these narrow-minded interests), “suffer the Ameri- cans to make so much as a hob-nail.” How ridiculous I — how vain ! — how impolitic and profitless ! Was it to be sup- posed, that the enlightened people of a continent could long be governed, and thus be held down by the sway of islanders three thousand miles apart? No: and while independent America, with her commerce free, and tradesmen unshackled, has flourished beyond example, has she not, at the same time, yielded tenfold more wealth to England than she could ever have done as a colony damned with counteracting influences ? IIow' easily could England have retained the sovereignty of America ! How glorious would it have been, had she surren- dered in time all that w'as reasonable and proper to her off- spring ! How happy w ould it have been for the human race ! How much bloodshed would have been saved ! What rancor- ous feelings would have been stifled ! Good God ! for what reason should we and the people across N iagara river, even at this day, be held in enmity? How comes it that these people go so far beyond us in every undertaking ? How is it that Americans are free, and Canadians slaves? Aye, the most abject of slaves, subject, by their owm enactments, to arbitrary imprisonment. Why do people here shrink from inquiry? —Why so jealous of the liberty of the press? — Why do they love darkness rather than light ? — W hy ? because their deeds are evil : because there are yet in this part of America secret and vicious influences at work : because the interests and passions of men in office are yet at variance with justice and truth. When the question of giving a constitution to Canada was before the British Parliament, not only had experience proved c;eneral inthoductiov. cccclxxiii how vain it would be to withhold from people in this quarter of the world the right of taxing themselves, but there was a clear necessity for being liberal in every respect, both from view- ing the local situation of this country and the spirit of the times. The independence of America was already manifest- ing its glorious consequences, and the French nation was then in the very act of bursting the bonds of feudal oppres- sion. Mr. Burke, who already foresaw the horrors likely to arise from the French revolution, did not hesitate to say, that the people of Canada should be presented with such a con- stitution as w'ould leave them nothing to envy, when they surveyed those in the states of America. One noble Lord (Sheffield) objected to the policy of at all cherishing the set- tlement of Upper Canada. Why,” said he, should we rear up a nation of farmers in the heart of America who will only become rivals to our tenants at home — who w ill only pro- duce what it is our interest to have produced on our own fields ?” His idea, though miserably selfish, deserved, never- theless, credit for open avowal ; and, should be treasured up by you, the resident landowners of Upper Canada. Lord Sheffield said he would only encourage settlements along the sea coasts, where the people might be raised to man the British navy, and yield wealth to England from their industry in fishing ; as in the case of Newfoundland, where this villanous princi- ple is carried so far as to delay the culture of the earth : the earth given by God for tillage, is there kept altogether unproductive, that the landed oligarchy of England may better afford to sustain their riot and their rank with enor- mous land rents ! One proposal made in the British Parliament was, that the people of Upper Canada should choose a constitution for themselves ; but it was very properly suggested, that they were then too few and too unskilled in such matters to be able rightly to estimate what was best for their advantage; and fi- nally, it was agreed, that nothing could exceed, as a boon, the offer of the British model. How to form a House of Peers was COCclxxiv GENERAL INTRODUCTION. the difficulty; and honest Charles Fox could not help laugh* iiig, when he thought of the brood of nobility which was to be hatched in the wilderness. His opinion was, that the Upper House should be elective, as are the senates of Ame* rica; but Mr. Pitt had it settled, that the nomination of legis- lative councillors should be in the crown, while the propriety of breeding nobility might rest as a matter of discretion in tlie same power. The fact is, that all comparison between the British Con- stitution and that of this Province, is absurd ; or, at best, it is a comparison analogous to what may be made between a man and a lump of clay, having two legs and a head : your lump of clay being, in some respects, the preferable commo- dity ; for, if it should be found to stand more erect upon one leg than two, the spare leg may be cut off without danger or bloodshed. What comparison is there between a king, or prince, living at home in the midst of his people-*-born there, and to die there: — what comparison is there between a person who can do no wrong, and who has no object in life but the pure enjoyment of seeing himself elevated by the virtues of his people — a person who is responsible for no act of goveni- inent, but whose ministers are most strictly watched, and must answer with their heads for executive crime,— a person whose very conscience is in the keeping of another : — what comparison is there between this pure and exalted personage, and a provincial governor f — a man appointed through court intrigue, and who goes abroad for the express purpose of bettering his fortune; here to-day and gone to-morrow; certainly without local experience or knowledge ; probably without talents, and most probably without principle ; placed in the very threshold of temptation, and surrounded with sycophants; yes, with sycophants, who at his slightest nod will debase themselves and enslave their country; yes, were an ass, a real corporeal ass, sent out to govern I province, I do believe he would find worshippers; and it would be r I I GENERAL INTRODUCTION. CCOclxXT called libel to publish the most notorious truth, that his ears werejong. What did I say was the opinion of Mr. Burke ? Burke ! the luminary of his age, and whose oracular truths still rise and brighten from the tomb. Was it his opinion that we in Canada should see nothing to envy in the United States ? And must we shut our eyes to the splendour of Clinton and Monroe? Must we throw aside their speeches, charged with the balmy and invigorating light of truth and civilization, breathing patriotism, and blazing with eloquence, to bedim our eyes with staring on the blank and heart-sick- ening records of provincial weakness ? O God i compari- sons are odious. All things must be judged of in connexion with circum- stances. The British constitution is to be admired as a happy compromise for the general good between great contending parties, which through many ages had struggled in violent opposition : the King, the Nobles, the Priests, and the People. When we read the history of the world, and trace the fate of nations, callous indeed must be the heart which swells not with gratitude, when the revolution of 1 688 * bursts upon view when we behold, for the first time, monar* chical power rendered innocuous, the pride of aristocracy humbled, priestly arrogance laid low, and the people free. Well indeed may the British nation triumph in having first established such a compromise : justly are they entitled to boast of the glorious revolution ; and, cautious ought they to be, at home, in venturing on further change. Here in Canada, the case is altogether different ; here re-r Btraints are few, and the jeopardy of change is comparatively nothing : here no tyrant ever swayed a sceptre : here no feudal lord ever looked down contemptuous on humble serf? here no priest has yet bent the human mind beneath super- stitious fear : here the people want but discretion and firm* ness to establish the happiest freedom for themselves and pos^ terity : here indeed they had it in virgin purity, but it is already gone ; yes, even already have the people’s own representatives CCCClxxvi GENERAL INTRODUCTION. deiluwered the darling image, and bartered it away ! A Bri- tish subject in Upper Canada no longer treads beneath the protecting privilege of habeas corpus, nor dare the people choose a commission to carry home a petition to the Throne ! ! The degradation of this colony does not originate in the frame of its constitution. In the democratic branch of their constitution, the Canadian people are favoured beyond the lot of their fellow subjects at home. These have but a sha- dow of representation in parliament, those a reality. In Canada, the purse-strings are truly in the hands of the people : in England they are held by a wretched knot of Borough- mongers ; but two causes have operated in Canada to render of 110 avail the omnipotent power of the people — simplicity and ignorance on one side, and the enormous patronage pos- sessed by the executive on the other. Thus circumstanced. Upper Canada had better to the present day have never had an Assembly. No mere Governor and Council would have had the effrontery to issue edicts so disgraceful to civilized times, as are many of the acts of the Provincial Parliament. Gentlemen, 1 saw into the horrible state of your public affairs at an early period : I saw many of the causes which held this Province in poverty, and have been steady to my purpose of effecting a change. At first I had no view what- ever to any change in the frame of your government ; I thought only of correcting abuses in its internal management ; but hesitate not to say, now my experience is enlarged, that it would be well if change, in every respect, was accomplished. My eye was, at an early period, caught with the monstrous influence in the hands of the executive ; greater than is to be found m any other colony, and infinitely greater than any thing of the kind at home. I saw that the Governor had not only the disposal of every civil office, of every civil and mili- tary commission, but of land to boundless extent ; 1 knew this influence had been misapplied, and witnessed the lament- able effects : I saw public duty neglected, and the whole face of the country pining with disease: I saw nature everv 4 general introduction, cccclxxvii where smuggling with misrule; and beheld with sorrow civi- lization itself on the decline. I lie constitutional statute exhibits no cause for the exist* euce of these evils ; nor was any apprehended by the virtuous members of the British Parliament when this was under consideration. Po give to Canada the British Constitution^ — the glorious British Constitution, seemed all in all ; and ‘‘ here it is,” exclaimed the generous spirit of Simcoe, to the first Canadian Assembly : here it is, the very image and transcript.*^ General Simcoe was, I believe, a truly single- hearted man, and had but one view, that of peopling the country. He lined out great roads, and began to open them by actual settlement along the tracts : he issued proclama- tions, inviting settlers to come in: he offered whole town- ships on liberal terms to enterprising men ; and enterprising men were instantly at hand with axes and ox chains, ploughs and harrows, to fulfil his design. But w hat then ? Why, the landed oligarchy of England conceived that the nation of farmers’^ was likely to prosper too w ell in the heart of America, that they were likely to produce such abundance of grain as to cheapen that article in the home market, that their own tenants, in that case, would find it hard to pay their rents ; and hearing perhaps how w'ell their brother farmers in Cana- da got on, might take a longing to emigrate, and so more and more reduce the land rents of England. Such consequences were appalling to little selfish minds; and the landlords of Eng- land took the alarm. They had not sufficiently studied the doc- trine of Lord Sheffield when the Canadian Bill was digested; but they had abundant interest in the cabinet, and could yet so order matters as to rnar all the fine effects of the boasted constitution. Simcoe must be recalled: his plan of road making must be given up : his offer of tow nships must be quashed : no more encouragement must be held out to en- terprising men : only lots of two hundred acres must be allowed to poor settlers, and these men must be kept down in poverty, by blocking them up and holding them apart with eccclxxviii GENERAL INTRODUCTION. large grants to non-residents, half-pay officers, and the like. I Then it will be easy to form a Legislative Council which shall be altogether subservient, and a majority of the people’s representatives being constantly held in check by donations of land, places, or pensions, the beauty of the constitution can quickly be transformed, its bulwarks levelled to the ground, and the prosperity of the province completely blasted. Gentlemen, I sincerely believe that such influences have been in operation, and such trains laid, to produce the effects so visible in every quarter of Upper Canada. Up to the present time they have completely shut you out from tne substantial benefits of the constitution, and from having wealthy emigrants from home j nor will such ever be in- duced to come into the province, while things rest as they are. Those who emigrate from England will, in preference, go to the States ; but thousands would start from home for Canada, were things as they should be, who will not, at all, move to reside under an alien government. The scheme which I set on foot by my first Address, was the best possible for making this country known to the far- mers of England. That Address was sent home by me, alto- gether without suspicion, to be presented to Lord Bathurst, and published in the newspapers. So early as February 28, 1818, it w'as stated in the Montreal Herald, that “ from recent intelligence, Mr. Gourlay’s plan will not be counte- nanced by his Majesty’s ministers, although it would, in our opinion, be difficult to assign just motives for such conduct. As soon as this article appeared, I began to guess at the motives. His Majesty’s ministers did not, 1 was convinced, choose that farmers, with capital, should be withdrawn from home ; and besides, I believe, there is a jealousy, that if an independent and enterprising class of men should get into Canada, the province would be less easily kept in subjec- tion to the mother country. Now, I am assured, that the selfish dread of ministers, as it concerns the emigration of GENERAL INTRODUCTiON. CCCclxXlX wealthy farmers, would never go to such extent as to lower the land rents of England, although it would mightily assist Canada in a variety of ways ; and I am still more assured that Canada would be longer retained in connexion with Britain by a liberal than narrow-minded policy. ‘ Gentlemen, should health permit, I shall resume this sub- ject. I wish, for my own credit, to throw upon it the great- est possible light ; but nothing can be expected of conse- quence to the welfare of this country, till the people bestir themselves; and urge on their representatives to serious exertion. This Parliament will do as well as another, if pressed from all sides to the great measure of inquiry, and to submit the whole affairs of the province to the inspection and review of the Parliament at home. ROBERT GOURLAY. NIAGARA SPECTATOR, July 1, 1819. To the Editor of the Niagara Spectator. SiK, In your paper of the 27th ultimo, I find an Address from Mr. Robert Gourlay to the Resident Landowners of Upper Canada, dated Niagara Jail, 20th May, 1819^ and as a resident landowner, I wish to offer some observations in reply. In doing so, I do not address myself to Mr. Robert Gour- lay. I know him not personally, and I mean nothing per- sonal to him. I grieve for his present situation, and would rejoice could I alleviate it. Placed at a distance from the immediate factsgwhich have led to his confinement, 1 have lamented it, because, on such information as I have, it ap- pears to me that the’common course of the laws was abun- dantly sufficient for the public good, and that the extreme resort, therefore, to which recourse has been had against him, was equally harsh and injudicious ; but with all these cccclxxx GENERAL INTRODUCTION. undisguised sentiments of regret on public grounds, and of unfeigned commiseration for the personal sufferings of the individual, 1 most unequivocally assent to the lawful power legally and essentially vested in the united branches of the Government for establishing such a resort (wofully liable as it is, from the universal guilt of our nature, to abuse) when- ever requisite. 1 assert, that without such a resort, no well-constituted society could exist; and regarding Mr. Gourlay as in the hands of the laws, and as secure in their progress of as fair a result as the general experience of hu- man nature in any state would vyarrant him to expect, I com- mit him to them ; as, in such circumstances, 1 would myself wish to be committed. But it appears essential to me, that the false and perni- cious impressions which 1 think his Address calculated to ex- cite, should be controverted. Into his motives I desire not to penetrate : to them, in wliat I propose saying, I have no allusion. 1 know, for the history of human nature supplies the proof, and 1 myself have most mournfully witnessed it, how egregiously the conscience of man can deceive itself. I know^, for the disgusting fact has been forced upon my knowledge, that a self-applauding idea of rectitude may exist, even where, with all the bitterness of malice and ungoverned passion, the most dear and sacred duties and affections are sacrificed and spurned. 1 know that this question, as it relates to Mr. Gourlay, is one between God and his own soul ; and that all human interpretation of it, must be at the risk of that censoriousness and arrogance under which our nature is so willing to screen its own wrathful tempers, and the direct tendency of which is (except in extreme cases) to scatter bitterness and discord. The diffuse style (according to my judgment) of Mr. Gourlay’s compositions, as far as I have witnessed them, com- prising a straggling meaning under a mass of declamatory words, renders it difficult to meet him at all points with effect. This course must be abandoned; in which case I GENBilAL INTRODUCTION. CCCclxTXi some of his matter may appear unanswered, or, a similar progress must be followed, and a similar indistinctness may probably be the result. This is an evil more or less expe- rienced in every argument ; and I subject myself, no doubt, to a share of the same defect. I offer this remark, to ac- count for the degree in which I may fail. I shall, however, proceed with the same freedom which he uses, with an mtentioii, which I profess to be as honest and disinterested as he asserts his to be ; w ith a direct denial of the remotest degree of any thing like personality, and, I trust, in more tem- perate language (and as far as may be judged by language, with more temperate dispositions), to offer to my brethren, the resident landowners of Upper Canada, the free opinions of another of their members. Mr. Gourlay tells us, we are at this moment slaves ! I abhor the idea, probably as much as he does. I have an arm and a heart to resist tyranny as deliberately, as actively, as firmly, and as constantly, probably, as he. I am not willing to sup- pose myself a sycophant more than he ; and I do not be- lieve a selfish or private interest would warp me more from the strictest path of duty than it would him ; but I can per- ceive no grounds for such an assertion, except tempers, w hich probably deceive themselves, as much as their tendency is to exasperate and betray others. He thinks we are slaves, because he is in prison, or at least that this is an evidence of our slavery. 1 think not (though I lament his being in prison), because he is there in the regular and legal (though extraordinary) course of the laws ; and because he musi thence be relieved in the due course of law, unless lawful cause, on open inquiry, prevent it. To the inconvenience which he at present suffers, every member of society, in extreme cases, must be liable; This is one of the penalties which we must pay, in return for the security and conveniences of society; and that security and those conveniences, are well worth every such liability which they may require. In every well-regulated state, I h h I ccccl3^xxu GENERAL INTRODUCTION. repeat, a final constitutional resort must be established, (and, I believe, no happier resort could be established, than that which exists in our Government) for the extraordinary de- mands of the public welfare ; and to call the constitutional exercise of this indispensable prerogative, despotism, is to belie language, and to breathe sedition *» In one sense, all rulers are servants of the state: it is the light in which they ought to regard themselves : it is tlie light in which the voice of familiar affection ought to address them. But the tongue of insolence betrays itself, when in the vein of its abuse, it presumes to call those so whom God has placed over it. That unhappy tongue requires to learn that its rulers are those to whom God expressly commands it to use deference, respect, and obedience: — that they are those, to whom the sword has been committed, both for protection and correction; and that such language, turned towards an upright, enlightened, and pious Governor, though it may breed confusion, or obscure for a time the truth, is but infamy and evil to him who uses it. Mr. Gourlay goes on to say, (oh, it is a disgusting con- trast!) “ How is it that Americans are free, and Canadians slaves ?” And is this a voice to be sounded in Canadian ears ? I wish not to do the Americans wrong : in the little scale of human nature they are a great and a growing people. In many things 1 admire them ; and in the people of Ca- nada many things may be found to condemn; but compare their state witli our’s, (except in its wealth and power) and Canadians may well blush at the comparison. Would he make us subjects of that Government, which has so recently ♦ One reason for exhibiting this letter is, that I think it a cu- riosity. It is a singular example, not only of weak reasoning, but how far such reasoning can go in hood-winking, confusing, and misleading the weak mind from which it emanates. Let the reader think of this before he goes further, or reads my reply. GENERAL INTRODUCTION, cccclxxxiij sanctioned the murder of two of our fellow-citizens ? Would he make us the soldiers of a Jackson; a military despot, whose hairs are whitening for the grave, but whose eye ex- ults in blood? Would he introduce us into a state of so- ciety, abhorrent to those manners, on which many of the proprieties and decencies of social life depend? Would he have us blinded by the odious comparison which has ranked Monroe and Clinton above the pure and elevated mind with which the gracious providence of God has blessed us? -a mind grieved, no doubt, by insult; harassed, perhaps, by clamour ; but still pursuing an active and beneficent course of policy, and controlling, with dignity and composure, the factious tendency of such writings as those to which I now reply. If these be his views, he acts consistently; — his means are in some measure adapted to their end ; but this I will not suppose; and I mourn over the delusion, which thus hurries an active and apparently dauntless, and profess- edly honest mind, into declamations, as unsound and as per- nicious as the spirit of anarchy and discord, abusing and falsifying the truth on which they rest, (but deriving a dan- gerous colouring from that trutli, though falsified) can, with such materials, and such talents, make them, A British subject, in Upper Canada, Mr. Gourlay says, no longer treads firm beneath the protecting privilege of habeas corpus ! What does he mean? Did he not apply for and obtain a writ of habeas corpus ? Was he not taken to York, and, upon lawful inquiry and decision, remanded to pri- son, to take his trial at the first subsequent court of competent authority ? And, if so, what more does he want? Would he have the term gifted with • some charm, by which a person accused, in the eye of the law, may evade the regular course of law, and erect himself into a licentious member, of scat- tering, without controul, around him, the ebullitions of in- temperance, abuse, and confusion ? If so, an assembly of delegates, exulting over the ruins of the constitution, miglit h h 2 ©CCclxXXiv GENERAL INTRODUCTION. suit him; but we, at present, arc mercifully preserved from such. The people, he says, dare not choose a commission to carry home a petition to the foot of the throne : that is, they cannot choose it in his way and in his words. But other- wise, why dare they not do so ? I know of no impediment t On the contrary, the very Act which put down Conventions^ (that most dreadful and dangerous implement of anarchy an act which must be hailed by every lover of order, as a new buhvark to our liberties and happiness) that very act unequivocally asserts the undoubted right of free petition. There is no impediment to our acting, in this respect, as we please, as long as our conduct is consistent with the public safety and happiness ; and whoever, beyond this sacred boun- dary, would advocate, or encourage, any pretence to such a right, can be but an enemy to those solemn interests which he may suppose it is his wish to advance. As one of those landowners, whom Mr, Gourlay ad- dresses, I thus publicly declare, that I see no ground for any such commission or petition. I know that abuses and evils exist every where, and that it is lunacy, not wisdom, which expects to escape them. I know that the existing evils of a state cannot be rectified at once, and that it is anarchy, not order, which calls for the knife, instead of the balm, to remove them. I know that a beneficent spirit of improve- ment exists, for I witness its operations ; and, I am per- suaded that this system has been as little produced, or aided by the light, which, in some respects, Mr. Gourlay’s pro- ceedings have thrown on those evils, as it has been impeded by the insulting, anarchical, and delusive nature of his pub- lications. Under these convictions, with respect to the evils which do exist, I am silent : their correction is in the hands of the organized and lawful authorities of the state. If the voice of the people speak not loud enough, through their present representatives, the period is fast approaching, when. €^eneral introduction. ccccImxt hy a new choice, they may speak more openly. Meanwhile, casting my eyes over the world, and viewing the states which I have seen, I hesitate not to declare that I know of no people, w’ho, in every temporal concern, have such abundant causes for gratitude, and such lively sources of hope, as the inhabitants of Upper Canada; and that to this, no effort, no view, no voice, no change, no improvement whatever, is necessary, beyond the established resorts of tlie existing Constitution of the ProvincCjin subordination to the parent state. The disinterested and cultivated mind which presides over us, is a guarantee beyond all general experience and hope ; and I can think of no other dispensation of Provi- dence, in the common course of things, by which our hap- piness, and all our wise and lawful desires could so well have been consulted, as by the invaluable gift to us, of such a mind. la one point of his information, I can positively correct / Mr. Gourlay. He says, the offer of townships is quashed, and no more encouragement held out to enterprising men. Though totally devoid of interest with Government, and un- known to public life on this side of the w^orld, when I was in London, a little more than two years ago, I w^as credibly informed, that I could have obtained a township, had it been in my power to have brought out an adequate number of settlers. I have every reason to believe that this power still exists in the Secretary of State’s office. Priest McDo- nald, of Glengary, was my authority. Mr. Gourlay adds, only two hundred acres must be allowed to poor settlers. If he means by this, that poor men, who have not means, perhaps, to improve fifty acres, cannot obtain more than two hundred, every candid mind must allow the Govern- ment credit for its wisdom, instead of reviling its folly ; but, if he mean that settlers cannot, in this Province, obtain more than two hundred acres, he errs ; for a power exists^ and is in operation in the local Government, for granting to tlie amount of twelve hundred acres, according to the means cccclxxxvi general introduction. of cultivation ; and the gift to that amount is only restrained, either by the want of those means, or by other lawful and reasonable disabilities. But admit all this stir of discontent and reviling, shall we forget that there are such things as candour, patriotism, and loyalty? or shall we be blinded to believe that they exist in the power of convening lawless assemblies, and of turning liberty into licentiousness ? Mr. Gourlay seems to wish on this subject, above all things, to constitute a commission to carry a petition from this to the foot of the throne. Does he forget that majesty commonly acts through ministers ; and that he has been reviling those ministers f imputing to them (whether truly or unjustly) principles of selfishness and baseness, which is by no means calculated to propitiate their good- will? And could his wish be effected, what, couched in such language as we have seen him almost invariably using, would be the result;— what but the indignant rejection which an importunate and insulting intrusion would merit? And then, whither in consequence would he lead us ? to brood with shame and contrition over our rash and dis- contented efforts f Or to plunge into the ocean of such a patriotism, as his writings seem to advocate ; and on a treacherous and destructive principle of political justice, to set all early associations of gratitude and tenderness and ge- nuine truth at defiance, and revive the principle which created ruin in France, and sent the myriads of her madmen over Europe. But no : patriotism is a widely different principle. Its law is founded upon gratitude and disinterested affection ; not upon the proud and disorganizing principle of licentious independence! Its fruit is liberty, not anarchy: its guide is law, not passion : the Holy Scriptures are its ground-work and its rule ; and it thence learns the beauteous and humble and constant spirit of faithful but of dauntless loyalty ; a principle which remembers and watches over, and is hum- u GENERAL INTRODUCTION. CCCclxXXvii Med under a sense of its own evils : a principle which knows and acknowledges the abundant evils ©f the happiest state on earthy and is ikot blinded by the lunatic presumption of escaping them through intemperate and insulting measures ; a principle which ardently desires improvement, and to which happiness is as dear as to any other, but which blend- ing the meekness with the steadiness of wisdom, pursues them in a lawful, peaceful, and persevering course, without dis- content and without bitterness ; a principle, which flowing from the same source as its sister principle of Christian love^ suffers long, and is kind, and can be extinguished only by such an established and ruinous system of falsehood, guilt, and tyranny, as seldom indeed exists; such as led to the revolution under the second James, but such as bears no more relation to our present condition than the railings of a demagogue to the sweet and balmy voice of Hope, and Truth, and Peace. If in these lines Mr. Gourlay, or any other man, should find aught to offend him, I again distinctly and solemnly declare, that every such idea is abhorrent to my feelings. I write as a fellow-subject, kindly; as a member of a free state, openly ; as a lover of order, most [seriously ; as a subscriber to the press, on those generalizing principles which disclaim every thing personal; and profess to have no object in view but the public good. On these grounds, I am ever ready to meet him, or any other man ; and from these grounds 1 am aware of no power which could force me, but that personal violence and insult which would compel me, in self-preservation, and in a lawful manner, to confute and resist the malice or falsehood which might madly struggle to brand me. a STUART. Near Amherstburgk, Western District, V. C. XOthJwie, 1819. cccclixxTiii general introduction. NIAGARA SPECTATOR, July 8, 1819. TO THB EDITOR OF THE NIAGARA SPECTATOR. Niagara Jail, July 5, 1819. I have read in your last newspaper the letter signed C. Stuart; and thinking that an exposure of its delusions and errors may tend to confirm and fortify the public mind, shall now bestow upon it part of my idle time. This Mr. Stuart, I have been told, was in the East India service, and has of late been studying divinity. He was in the lower part of the province when the Lieutenant- Go- Ternor first arrived ; and, I conceive, at that time he might be making interest for a church living : but in these matters. Mr. Stuart can correct me, if mistaken or misinformed. • Last summer he wrote a letter on the subject of ad- dressing the Prince Regent, for the consideration of the Convention. It was very well written ; and impressed me with an opinion that he was a man df amiable dispositions. We could make no use of Mr. Stuart's assistance for im- proving the published Address to the Prince Regent, as our plans had, by that time, been changed, on account of my prosecution, and the violent opposition set on foot by peUed members of Assembly i but I moved a yote of thanks to Mi. Stuart, for the kindly good will he had shewn to the cause of Inquiry. Mr. Stuart says, I do not address myself to Mr. Robert Gourlay." This, as a declaration of the fact, was totally unnecessary, for the letter is unequivocally and substantially addressed to you: but this declaration served to introduce another, viz. that Mr. S. was not acquainted with me, per- sonally,” which was not essential to his meaning nothing personal.” It occurs that he was induced to make the two first declarations, lest Sir P. Maitland (the grand object of his adoration) should suspect, from seeing iu the printed GENERAL INTRODUCTION. CCCclxxxix transactions of the Convention, that I had moved him thanks, that we were personally intimate, a circumstance which might tend to injure his views of favour. No doubt there was some reason; and if Mr. Stuart can otherwise explain why he threw in a declaration, of itself altogether useless, he may do so. It is a case which justifies a surmise as to motives, which should never be questioned w^ithout good cause. Mr. S. desires not to penetrate into my motives;” but I challenge the whole world to give even so much evidence of my motives being mean, as the above, which leads me to suspect those of Mr. Stuart. My motives have often been so clearly stated, and as so chaste and great, that no honest mind can pretend ignorance of them for an instant. Mr. Stuart makes many liberal professions, but as con- stantly renders them of no avail. He three or four times protests against personality, and as often slides into reflections and expressions as obviously directed against me, as if he had made the charge direct. This is much worse than any kind of personality. Summon me to trial by name, and let facts be the ground work. If any thing about my person, or connected with my history and writings, can substantiate these facts, let all be told out. Set me up at once, and eye me all over. If I am accused of theft or murder, look me hard in the face to see if my countenance betokens guilt. Or search my pockets for stolen goods and the bloody knife; but be not so rude as to take the slightest liberty till there is some fact to proceed upon, or palpable ground of sus- picion. In the midst of Mr. Stuart’s palaver (he will excuse me for tlirowing myself within a circumflex, as he so often does to apologize for a vulgar word) he admits that my conduct must be tried between God and his (my) owm conscience ;’ yet he surrounds the question with such hideous pictures, that it is clearly his intention that these should seem reflected from my image, so that men may think that my conscience agregiously deceives me” — that with an applauding idea ccccxc GENERAL INTRODUCTION. of rectitude,” I am choke full of << malice and ungoverned passion that I sacrifice and spurn the most dear and sacred duties and affections.” Then again, ‘‘ all human interpretations of it must be at the risk of that censorious- ness and arrogance, under which our nature is so willing to screen its own wrathful tempers, and scatter bitterness and discord.” Pray, what did Mr. S. undertake? Was it not to offer some observations in reply to my Address of 20th May ? Then what is all this preaching at me for ? The matter of my address warrants no such preamble ; and when we come to Mr. Stuart’s actual charges and criticism, we find them altogether pithless and absurd. One would think that he raises a mighty smoke to frighten me, before coming to the real attack, conscious of his own weakness: but, Mr. Editor, your readers are pretty well assured that mere powder will not put me to the rout: so let us advance to the charge. Mr. Stuart first disputes my assertion, that we are this moment slaves and he thinks my imprisonment no proof of it; because I am in prison by regular course of law. I won’t be driven in this way from my position. There is no person whatever in this province who may not be imprisoned as I have been, whenever two or three persons choose to sacrifice truth and decency to malice and party spleen ; and it is quite correct to call people slaves who are subject to such treatment, whether in the course of law or not. The Inquisition in Spain has the authority of law, but the people subject to it may well be called slaves : nay, the slavery of the poor negros in the West Indies, and Southern States of America is countenanced by law. The shameful con- sideration attending my imprisonment is, that it is notoriously false and illegal ; for the law never was intended to be applied as it now has been. In my case the law has been most scandalously abused ; and this, in due time, I trust to be able to shew, to the smart of those who have imprisoned GENERAL INTRODUCTION. ccccxci me. So much being said, look back to Mr. Stuart’s second paragraph. There, he first commiserates my situation, and then pleads for the law as one without which no well con- stituted society could exist,” This laWy like to which there is nothing to be compared in any other country ! so being satisfied that all is well, he coolly commits me ; as in such circumstances he would wish to be committed” ! ! My opinion has all along been made up, that the atrocity of the proceedings against me, would in the abstract justify any degree of violent opposition; and so strong was the feeling among the country people, that I was called upon by several, from various quarters, soon after my confinement, who told me that if I inclined, the prison should be pulled down to let me out, I said in reply, that I should shake hands with those who entertained such generous sentiments ; but on no account would wish to see them acted upon. 1 resigned myself to a most cruel fate, in defence of my own honour, and with a hope that my case would be the best proof of the necessity of what had so constantly been urged by me, viz. of inquiry into the state of the province; and all the language I have used, has been to keep the people steady to that object. I hare called them slates, not to affront them, but to urge them to the recovery of their freedom ; and not merely for their own sakes, but that the province may not continue to be scandalized with laws and measures which must withhold from it respectable settlers. Mr. Stuart is disgusted with my question, how is it that Americans are free and Canadians slates and asks if this is a voice to be sounded in Canadian ears ? To be sure it is. Canadian ears should ring with it constantly, till the dis- gusting truth is removed by the people here being made as free as Americans ; — not restrained as to holding meetings, and not subject to arbitrary imprisonment. Mr. Stuart seems to think Canadians not yet ripe for freedom. I think their loyalty so firmly fixed, that they may safely enjoy the utmost measure of liberty. I think nothing can shake their ccccxcii general introduction. loyalty, if not grossly insulted and abused by the ministers of government. Mr. Stuart asks if I would make the people here soldiers of a Jackson— a military despot; but he will see from the same paper which contains his letter, that before it was pe- rused by me, I had declared myself as strongly as he had against Jackson’s conduct; and I have steadily done so ever since that unhappy affair was heard of, both here and in the IStsitcs* The question as to being “ introduced into a state of society abhorrent to those manners on which many of the proprieties and decencies of social life depend,” must be further explained by Mr. S. before an answer can be given, for, at present, it is incomprehensible. As to ranking Monroe and Clinton above “ the pure and elevated mind with which the gracious providence of God has blessed us I did nothing of the kind. I compared the speeches which we read in the newspapers of Monroe and Clinton, with those of provincial governors ; and it is but too notorious how infinitely superior the former are to the latter. I drew the comparison, to rouse our Governors to think of the difference, aud to make better speeches, both for their own credit, and that of the people they govern. I have since compared the conduct of Sir Peregrine Maitland and General Jackson in the same way, without having any view to contrast, or expose the individuals, but to shew how a departure from first principles, which should never be lost sight of, leads to error and to evil. If Mr. Stuart would make believe that Providence has more to do in the appointment of our Governors than those of the United States, he sports an idea which deserves the most severe reprobation. If there is a scene upon earth on which the eye of Providence beams with peculiar love and ‘ approbation, it must be that where a free people are as- sembled together for the purpose of raising to honour him whose individual merit has won their regard and confidence. GENEKAL INTRODUCTION. CCCCXciil If, again, there is a scene wherein the devil makes himself particularly busy, 1 should think it lay within the purlieus of a court when every selfish and filthy desire could be insti* gated to the utmost, in making interest for the appointment of a provincial governor. Mr. Stuart would raise our ideas of Sir P. Maitland’s in- dividual excellencies. He speaks of him as the pure and elevated mind.” Pray, upon what does he rest this extrava- gant compliment to a mere man? I myself entertained hope of Sir P. Maitland being of a noble and generous disposition, when I first heard of his being one of Wellington’s generals ; and w’hen I understood he was son-in-law to the Duke of Richmond, I most unhappily conceived that this duke was the great man who once stood at the head of reform in England. Under this impression, I recommended the Con- vention to place confidence in Sir P. Maitland, which led to all our misfortunes. About three weeks afterwards it was reported, that the present Duke of Richmond was not the man we had taken him to be ; but it was nearly two months before I was assured of this, and knew all the truth. I heard that this duke had never signalized himself as a lover of freedom: — that he was very poor; and thence needed a provincial Government to improve his fortune; — that Sir Peregrine Maitland had run away with the Duke’s daughter in France, and thus got himself elevated; that the Duke of Wellington had interceded for him with his father-in-law, so as to reconcile him to the clandestine marriage, and thus Sir Peregrine was made pure. Let Mr. Stuart contradict these facts if he can, and then establish our confidence in the pure and elevated mind” upon proofs, not upon ful- some compliments. When Sir Peregrine Maitland passed through Kingston, I was abiding my trial at the assizes there, and addressed a respectful note to him. I again wrote him from New York, in the fullest confidence that after two t honourable acquittals from charges of sedition, that he would then consider me pure, and, at least, worthy of a civil reply. CCCCXciv GENERAL INTRODUCTION. I had uot returned to Upper Canada three days when the Gazette announced the existence of sedition, and blasted the purest hopes of good. At no moment could passion have 80 operated upon me, yet I resisted passion, and followed the resolute and calm course of my duty. Both at Kingston and onward to York, while I was pressing the people to protest against the existence of sedition, I uniformly ad- vised them to look to the Lieutenant-Governor only as an ill-advised man, and still to treat him with respect. I spoke publicly to many thousands, and not one can say they heard a disrespectful word flow from my mouth towards the Lieutenant-Governor. At York I found he had wilfully offended against constitutional right — against “ enlightened manners, and the beneficent influence of religion.” I found that he was worshipped as an idol, and from that moment considered it my duty to lessen such mischievous adoration. No one but Mr. Stuart has explicitly avowed the principle on which adoration should be paid to Sir P . Maitland. He sets him up as a person especially placed over us by God. He speaks of our llulers as those “ to whom God expressly commands tlie tongue to use deference, respect, and obedience.” Now, 1 do most earnestly intreat attention to thb subject, for it is one upon which the clearest light should be thrown: it is a subject which should be thoroughly understood by every well wisher to good government. God, no doubt, directs every event; but I deny tliat Rulers have more his favour than the least creature in ex- istence. As long as Rulers virtuously discharge their duties to those whom they rule over, they deserve deference, respect, and obedience ; but no longer. It was for many ages insisted on by the kings of the earth, that they reigned over the people by a divine right, and under this plea the world was subjected to the grossest tyrannies. Soon after the Bible became known to the people, by the art of printing, they read in it that the first king was granted to the Israelites on their own request, proceeding from their own filthy lusts, which tempted them to prefer a king, as a ruler, instead of GENERAL INTRODUCTION* CCCCXCV God himself, who had hitherto directed their affairs, through the medium of judges; and who now granted th^ir request, that therein they miglit be punished, ordering a protest, however, to be first made to them, against their folly and wickedness, in desiring a king. (1 Samuel, Chap, iii.) The world groaned for thousands of years under the reign of kings, who pretended, in direct contradiction of truth, that they had the peculiar countenance of God, and were ap- pointed for a blessing, not for a curse, as the Scripture most explicitly declares. The truth at last being known, tlie British nation first prevailed over this wicked assumption, and they drove the Stuart family from the throne, because of their continuing to act upon a right, which they, in their pride and bigotry, would still insist was derived from God. At the glorious Revolution many of the people of Britain thought they could do without a king ; but as many others W’ere prejudiced in favour of having one, they agreed to elect a foreigner, viz. King William ; but they so bound him down, as to possess no arbitrary power. They gave him the right of declaring war, but they kept the purse in their own hands, without which, the King could not procure a sword, either to destroy his own subjects or others. Furtlier, that he might, at all events, be blameless, they declared that he could do no wrong; and that his servants were to be liable to punishment for every error committed in his name. By this contrivance it is, that we can render to the king the most constant and perfect love : but as we respect him, it is our duty to be watchful over his servants; and by the custom of England, the people do take greater liberties in censuring the conduct of the king’s ministers than they do, or would be allowed to do, towards other men. A laxity of' this practice in provinces has been one cause how Governors have become so very licentious and overbearing ; and it is only filtliy idolatry which would check an exercise so con- stitutional and necessary. As to myself, I declare before God, that I have never wantonly made light of Sir Peregrine CCCCXCVi GENEllAI. INTRODUCTION". Maitland. 1 have done so on the strict ’’principle of duty> and for the sole purpose of lessening the abominable idolatry which is observed towards him, and which bereaves men of all sense of propriety, shame, feeling, and honour. 1 do it at an expense of comfort to myself; for politeness and courtesy are, for their own sakes, truly dear to me. When Mr. Stuart would blind us (see page ccxxxiii) * * * * Jesus Christ was under the law, and the lawyers laid snares to inveigle him within its penalties ; but though he would not deny the right of Caesar, they could take no hold of his language towards the Governor of Caesar’s province. After there was no fault found in him, Herod only mock- ed him, and set him at nought;” Herod I who afterwards was struck dead on his throne >hile the people extolled him as a God! (Acts, chapter 12.) When Paul preached at Ephesus, no doubt he made free in putting to scorn the image of Diana, which the people worshipped instead of the God of Truth. The people seem to have been willing to hear him ; but the craftsmen who prohted by upholding the image, drowned bis voice with in- cessant clamour, and by hallooing out Great is Diana of the' Ephesians ! great is Diana of the Ephesians 1” Mr. Stuart does not know what I mean by saying that ** a British subject no longer treads firm beneath the pro- tecting privilege of habeas corpus"* O ! Idolatry ! Idolatry ! to what wilful blindness canst thou reduce mankind ! He knows of no impediment to prevent the people from choosing a commission to carry home a petition to the foot of the throne. Let him give us the plan, and we shall be satis- fied. Would it do to assume the beautiful, the orderly, and peaceable mode which I shall ever boast of having organized, merely changing the w'ord Convention into Congress, and Friends to Inquiry into Holy Alliance ? So soon as his plan is shewm to be safe and efficient, I shall propose the re- call of Sir Peregrine Maitland as the subject of our first petition. 1 GENKUAL INTRODUCTION. CCCCXCVli Mr. Stuart rants against conventions this summer, though last summer he aided the convention; and though he then gave a sketch for improving the petition to the Prince Re- gent, he now says, “ I thus publicly declare that 1 see no ground for any such Commission or Petition!” What ! Sir Peregrine, have you really made him sure of a Church, or anted him a well situated Reserve? The only other controverted point, concerns my having said that Simeoe’s offer of Townships was quashed Mr. Stuart says ** on this point 1 can positively correct Mr. Gourlay.*’ Now^ there is here such unblushing ignorance and presumption as passes all comprehension. In many parts of the Province there are people now alive who came as settlers upon Sim- coe’s offer of Townships, but who had to put up with 1200 acres in lieu thereof, upon the offer being quashed. These people, to this day, complain of the breach of faith, and others who came well prepared to take advantage of the offer, re- turned to the States in disgust. Mr. Stuart says, I could have obtained a township, had it been in my power to have brought out an adequate number of settlers. I have every reason to believe this power still exists in the Secretary of State’s office.” He means, no doubt, that the pow'er of granting townships exists in the Secretary of State’s office ; and I am quite willing to think so, on the authority of Priest McDonald. What 1 w^ant is to see the powder taken^ out of these offices at London and York ; to have it placed in pro- per hands, and the land under proper regulations disposed of for the national advantage, after the whole colonial policy has been fully discussed by the Prince and Imperial Parlia- ment. ' Did any body ever know of a Township being granted on fair business principles ; or is any body so weak as to believe that if the ministry w'ould hold out liberal terms at home for the settlement of Canada,, that there are not capitalists in Eng- land who would come out here and engage for whole Town- ships? Pray^ why should British farmers be now purdias- ccccxcviii genebai. introduction. mg large tracts in the States, and be proceeding even so far inland as'thelllinoia territory, with large bodies of people and abund- ant capital, if their own government would deal liberally with them ? Seventeen months ago, I offered, if government would give me the management of the public lands of Upper Canada for 30 years, that 1 would maintain, during that time, two regi- ments for his Majesty, repair, and keep in repair, all the forts, and for the last twenty years of the term, pay an annual rent to Bri- tain of a hundred thousand pounds sterling. This offer I pub- lished, to attract notice to the value of Canada, and, bating an adequate sum for the mischief done by Sir Peregrine Mait- laud, I should really still engage with it. This was called “ my GKEAT OFFER,” and was reported all over the States and Britain. I shall now gratify Mr. Stuart with an exhi- bition of a lillle offer, which I actually made as an emigrating British farmer soon after my arrival in the Province (see letter to Sir John Sherbroke and reply, page 557, vol. 2d.) Observe here the miserable decrepid system of proceeding laid down in this letter of Col. Myers. What farmer of capital would engage with separate lots of 100 acres, or be dependent for an increase of bounds to the caprice of in- specting officers “ from time to time ?” After this, I peti- tioned at York, to know what quantity of land I should have, in the event of my actually coming to settle in Canada. The answer was, that “ a location would be made, in proportion to the opinion then formed, of my means to become a useful settler.” All this is childish in the extreme, or worse than childish ; it shows a determination to avoid all liberal and re- gular commercial proceeding. The fact is simply this, the Executive neither wishes to encourage farmers to come from home with capital, nor to see enterprising men in this Province. They wish to see it settled with poor ignorant people, who may quietly submit to be domineered over by the arbitrary will of governors, priests, and legislative councillors. Nor will the resident landown- ers of Upper Canada ever break up the illiberal, narrow- GENERAL INTRODUCTION. CCCCXcix .minded and base system, which has so long held down the value of their property, till they get the whole subject of Canadian policy fairly and openly brought before the Impe* rial parliament. How often, good God, how often should I have to repeat this truth, and press this measure, so consti- tutional, so safe, and effective ? Is it not the truest loyalty to , put confidence in the Prince and Parliament at liome ? Mr. Stuart asks, if I forget that Majesty commonly acts through its ministers ; and seems to think it odd, that I should revile those ministers who will thence indignantly reject us. To be sure the ministers will : but my proposal, all along, has been to get beyond the ministers ; to get into the royal presence, and on the floor of the British parliament to prove that the blame and reviling was just and necessary. The minis- ters are great landholders in England, who have a direct selfish interest against that of the landholders of Canada; but the Prince has no such interest against this country. He would glory, and have increased glory, in seeing it flourish. In the British parliament too there are some noble independent spirits, men who would have sense to see that the prosperity of Canada is not incompatible with that of the parent state ; that the selfishness of English landlords ought not to stand in the way of national good ; and by their manly and liberal discussions, they would interest the great mass of the people in their favour. Reviling of ministers is a constitutional nglit of Englishmen. It is a practice which all parties at home allow to be essentially necessary to keep down the tyrannical disposition which all men in power are prone to, and to keep alive the watchfulness of the people. The late Mr. PiU was, I believe, in private life, a most amiable man, and no- body would have spoken harshly of him in that capacity ; but as a minister he was reviled, grossly reviled, by as amiable men as ever stepped. This kind of reviling does not proceed in wrath from the heart, but from the understanding, as a constitutional duty. Mr. S. proceeds to lecture on patriotism, and says many i i 2 d GENERAL. INTRODUCTION. things whicli would sound well from a pulpit; but he for- gets that neither the words patriotism nor loyalty are to bo found in the sacred Scriptures, (at least so far as I can re- iTiember) and that at present he has thrust himself forward into political controversy. His doctrine is passive obedience; and towards God, I shall be as meek as himself. In politics I hold myself as having to do with men ; and to guard against their tyrannical dispositions, consider it to be my sacred duty, continually to M^atch and resist, if required. The Scriptures inculcate cha- rity, and tell us that it thinketh no evil but the Scrip- tures also tell us, to ‘‘ be wise as serpents, and innocent as doves.’’ This expression clearly indicates that mere inno- cence is not enough, at least, here on earth. We must not be uncharitable or suspicious ; but neither must we forget that we are here surrounded with evil. To angels in hea- ven, at least now that the devil is driven out of it, I think * no caution would be necessary to be as wise as serpents. Mr. Stuart works up his definition of patriotism, to suit his doctrine of passive obedience, and gives it for a ground- work, the Holy Scriptures, wherein it has neither root nor branch. Tlie Holy Scriptures inculcate universal benevolence, which is at variance with patriotism. Patriotism was a feeling as strong before the Christian era as since ; perhaps stronger : for I know not if any event in modern times, has given proof of it equal to the conduct of the Spartans, who died for their country, at Thermopylae ; but the drift of Mr. Stuart, is to cement patriotism with loyalty, through the me- dium of the Scriptures, and he thus deludes himself more and more : I say, himself, for 1 cannot think his wretched sophistry will impose upon any reflecting mind. Patriotism has always been strongest in republics. Tlie Romans gave strong proofs of patriotism before they became subject to the emperors. After that, their patriotism dwindled down into loyalty and passive obedience. GENERAL, INTRODUCTION. cli True British loyalty is far above passive obedience. It is founded upon reason, and is not humbled under a sense of its own evilSf* as Mr. Stuart would have the principle of loyalty to be. To God it is humble; but not to man. Bri- tish loyalty entertains unfeigned love to the King ; but it does not regard the King only. It regards the whole body and soul of the constitution ; and it acts most firmly when it best understands the spirit of the constitution. The se- cond James was so bigoted that he could not comprehend this spirit. He would dictate, in defiance of Parliament, from an idea that he had a divine right to the throne, and that his subjects owed him passive obedience ; but his sub- jects taught him a lesson which kings should never forget. They taught him that they could drive him from the throne, and place in it another, who should be passively obedient to reason and the law's. Mr. C. Stuart resembles, so strongly, the second James, that I cannot help thinking him a lineal descendant* It is truly worthy of remark, as characteristic of human weakness, how this man, while he is preaching up what he thinks Christian doctrine, is evidently frying with passions to which the spirit of Christianity is most expressly opposed. I ask the readers of the Spectator to study his letter over and over again. They wdll more and more perceive, that while he is bowing to, and flattering Sir P. Maitland, his soul is bursting w'ith wTath and unchantableness tow'ards me and my opinions. I say, bursting, because the passion seems to be beyond his controul. He makes shew of the cup of charity. He says, that he grieves for my situation, and commiserates my sufferings : he pretends not to pene- trate into my motives : he protests against personality ; while unkindness, cold-hearted indifference, and accusations most pointed, accusations distorted with misrepresentation, and blackened w'ith the tints of a distempered imagination, burst forth at every pore. I hope he will yet be conscious of the evil spirit which moves within him; and, in the mean time, bid 3 general introduction. dil him take back, in his concluding words, “ the malice and falsehood which madly struggles to brand me.” ROBERT GOURLAY. N. B. On looking over my papers, I have found copies of two notes, addressed to Sir Peregrine Maitland, and the Duke of Richmond, on their first arrival in the Province, which may not be altogether unworthy of notice, to shew how very little suspicious I was, at that time, of being re- garded as a seditious person. To Sir P. Maitland, SfC. SfC. Sfc. Kingston^ Aug. 10th, 1818. Sir, Laying, as I do at present, under a charge of libelling the Government of this country, it would be unbecoming in me, at present, to present myself before your Excellency ; and, at any rate, it is little my disposition to be obtruding. As, however, circumstances have brought my name into notoriety, in connexion with the political concerns of the province, I beg leave to say, that should your Excellency have any desire to have an interview with me at a future period, I shall be happy to have that honour, and shall be most w illing to reply to any question which, after more than a year’s research in the province, you may suppose me ca- pable of answering to satisfaction. Most anxiously desiring the welfare of Upper Canada, and that a liberal policy may yet bind it more and more close to the parent state, I shall sincerely rejoice if these great objects can be effected, under the auspices of your Excellency. And, with all due respect, I am. Sir, Your Excellency’s most obedient Servant, ROBERT GOURLAY. / general introduction. diii To His Grace the Duke of Richmond, S^c. S^c. S^c. Cornwall^ September ^dy 1818. Mr. Gourlay passing through Cornwall, has heard that his Excellency, the Governor in Chief, is to be here to-day: Mr. G. embraces the opportunity of offering his sincere congratulations, on the arrival in Upper Canada, of a per- sonage who has before him the finest field in the world, of improving human happiness, and extending in reality the bounds of the British empire. Mr. G. takes the liberty of presenting the Duke of Rich- mond with four pamphlets, connected >vith the present poli- tical state of the province, which his Grace may, on his journey, perhaps, have time to peruse. Note. — Four days after the above was published, I was shut up a close prisoner, and not allowed to communicate with the press. My friends, even magistrates, and counsel, were for some time denied access to me, and, till the 20th August, when called up for trial, I was not allowed to step across the threshold of my cell. I was tried, and honourably acquitted, at Kingston, on the 15th August, five days after the date of the above letter to Sir Peregrine Maitland. I was tried, and honourably acquitted, at Brockville, on the 30th August ; and two days afterwards wrote the above to the Duke of Richmond, on my way to New York, where I was to determine, by letters wailing me there from Eng- land, whether I could remain longer in America. My letters en- couraged me to remain, and I addressed the following, TO SIR PEREGRINE MAITLAND, K. C. B., &C. &C. New York, September 18, 1818. Sir, You would receive from me, on your way through Kingston, a note, intimating, that, laying, as I then did, under a criminal charge, I could not with propriety present myself before your Excellency. From that charge I was acquitted, as well as from another of the same kind, at the Johnstown Assizes. My detention in Canada, in consequence of these prosecutions, had deranged all my plans, and I had to hurry off to this place to receive GENERAL. INTRODUCTION. of Niagara, i. 119. How first settled, 135, Meeting of representatives, ii. 609. of London, i. 120. How first settled, 135. — — ,the Western, i. 120. Meeting of representatives, ii. 621. of Gore, i. 121, note. Formed from the Niagara and Home Districts, 257. Meeting of representatives, ii. 623. of Ottawa, i. 121. note. Composed of the northern part of the Eastern District, 257. — — ' courts, L 207. judges, their powers, i. 207. taxes, i. 222. lNDJi;x, 15 D,..ri.. „b««b i. If good, n. 387. Plan for their improvement, ibid. Dorchester, township report of, i. 302 . Dover, village of, burnt by a party of American militia, without orders from their government, i. 52 . Last and West, township report of, i, 291, Drummond, Lieutenant-General Sir G. president* of Upper Ca- nada, I. IS. Revokes General De Rottenburg’s proclama- tion of martial law, ibid. Appointed administrator of the two provinces, 16. Besieges Fort Erie, 56. Attempts, un- successfully, to carry it by assault, ibid. Relinquishes the siege, 58. Wounded at the battle of Lundy’s Lane, 74 Burns the barracks at Fort Oswego, 102. Sututes passed* during his administration, ii. 259 266. Dudley, Colonel, defeated and killed in an attempt to relieve Ge- neral Harrison, i. 50. Dumfries, township report of, i. 383. Duncombe, Mr, ii. 106. Dundas, Mr. ii. 104, 106. Dunwich, township report of, i. 346. Durand, Mr. ii. 631. Ordered by the House of Assembly to be committed to York gaol, for a libel, 644. Extract from his publication, 647. Expelled from the House, 657. Re- elected by his constituents, 658. His subsequent history 061, 662. Duties, British import, collected at Quebec, i. 218. , collected by Lower Canada on goods consumed in Upner Canada, i. 218. * ^ - collected in Upper Canada on goods imported from the United States, i. 219. Dwelling-houses, plan for, and cost of erecting suitable ones for ^ poor families, Gen, Int. clx. E. Eardley, township of, i, 608. Eastern District, i, lie. 10 INDEX. Education formerly neglected in Upper Canada, and why, i. 245. Indications of a favourable change, 246. Plan for an improvement in the present system, ii. 317. of the poor, Gen. Int. cxxi. Petition to the Lords on this subject, from the parish of Wily, cxxix. Observations on Mr. Brougham’s bill, cxxxiv. &c. Striking efifecU of edu- cation on the character of the Scotch, clxvi. Eel pout, a singularly shaped fish, i. 179. Elections, mode of proceeding at, i. 199. contested, how decided, i. 199. Electors of members of the House of Assembly, their qualifica- lions, and disqualifications, i. 192. Elizabeth Town, i. 126. Township Report of, 507. Elk, the largest animal of the deer kind, i. 158. Emigrant’s Guide to the British SetUements in Upper Canada, account of, ccciv. Emigrants from Great Britain, the neglect which they experience 'from the land-granting department at York, ii. 418. Instance of this in the treatment of Mr. Gourlay’s brother, 419. Encouragement to settlers, i. 241. By Government, 528. Episcopal church supported by Government, i. 231. One-seventh of all lands granted, reserved for its maintenance, ibid. Equipages, no splendid ones in Upper Canada, i. 250. Ermine, or white weasel, i. 168. Ernest Town, harbour of, i. 96. Township of, 129. Academy there, 246. Destroyed during the war, and not since . revived, ibid. note. Township report of, i. 482. Executive Council, appointed by the crown, to advise the Lieu- tenant-Governor, i. 205. Executive government of Upper Canada, i. 204* Exhorters, or teachers, although laymen, not admitted to a seat tn the House of Assembly, i. 197. Exports from the province, i. 225. Extracts from Forster’s Crown Law, on the subject of allegiance, Gen. InL xxxix, from Wakefield’s Statistical Account of Ireland, Gen. InL Ixxxix. note. INDEX. 17 Extracts from the “ Agricultural State of the Kingdom." int. xcia ffote. — f«,m the Upper Canada Gazette, detailing the close of the sesston. I82i, mcluding act, of the Prov.nc.al Parlia- ment, regulating the commercial intercourse between the province and the United States, making provision for the improvement of internal navigation, and constituting several new townships ; regulations of the Assembly as to the duties on imports ; addresses to Uie Lieutenant-governor, &c. ii. 681 — 704, F. Falls of Niagara, description of, i, 64 — 73. Farmers in Upper Canada keep too many horses in proportion to their oxen, i. 170. Farmers of England, dreadful situation of, at the present period. Gen, Int. ccclii. Farm-house, melancholy picture of one, on the road from York to Kingston, i. 462. Fees of office, on granting lots to settlers, i. 241. Gen. Int. cclxxxviii. First Report of the Select Cormmlttee of the House of Assembly, on the internal resources of the province, ii. 666— &80. Fisher, or black Fox, i* 165. Fishes, the Canadian, i. 175. Fishing, a common amusement, i. 251. Fitz-Gibbon, Lieut, commanding a small party of regulars and Indians, captures a superior force of Americans, by deceiv- ing them as to his numbers, i. 84. Flamborough, East, township report of, i. 369. > West, township report of, i. 371. Flax, the soil of the province adapted to the cultivation of it, i. 155. Folkstone, Lord, refuses to present a petition from the inhabitants of Wily, Geiu Int. cxlvii. Forest trees and shrubs of Upper Canada, i. 150. Forgery of bills on banks in the United States, not punishable iii Canada before 1810, i. 228. B INDEX. 18 Fort Frontonac built by the French colonists to secure themselves against the Iroquois Indians, i. 4. Meigs besieged by General Proctor, i. 49- The siege raised, 50. Niagara, evacuated by the British, conformably to the treaty of 1794, i. 24. Taken by storm, and retained by the English till the conclusion of the war, 83. Sandusky besieged by General Proctor, without success, i. 50. Erie, abandoned by the British, and occupied by the Ame- ricans, i. 55. Reoccupied by the British, 56. Surrenders to General Brown, ibid. Besieged>y General Drummond, ibid. Dismantled by General Brown, after the retreat of the British, 58. Erie, village of, nearly destroyed during the war, i. 59. — — Schlosser surprised by a party of the Canadian militia, i. 62. George, attacked and taken by tbe American military and naval forces, i. 81. Invested by the British troops under General de Rottenburgh, 82. Abandoned by the Ameri- cans, ibid* Fox, three species found in the province, i. 164. Fox, Mr. his speeches in the debate on the bill for granting a Constitution to Upper Canada, ii. 5, 6, 22, 28, 32, 33, 48, 63, 65, 70, 73, 77, 79, 96, 101, 102, 103, 104, 105, 106, 107, 108. Francis, Mr. ii. 76. Fredericksburg, township of, i. 130. Free schools, none in the province, i. 244. Freedom of trade, absolutely necessary to the prosperity of Eng- land, Gen. Int, clxxix. Benefits which would result from it, ibid. Freestone, a quarry of, on the bank of the Thames, i. 148. French colonists of Canada, in 1622 consist of only fifty per- sons, i. 3. Imprudently engage in ihe wars of the Indians, 4. Build Forts Frontenac, Niagara, &c. ibid. Obliged to retire down the river by the Iroquois, ibid. Character of the Canadian settlers, contrasted, with that of the Americans, by Volney, 5. INDEX. 19 French town, defeat of General Winchester there,!. 49. Frog, the Canadian, i. 187. Fruit trees of various kinds, i. 153 . G, Gananoqui river and town, i. 1 1 0. Its barracks and public stores burnt early in the war. 111. The river might easily be rendered useful as a water communication, 550. General summary of population, &c. i. 612. Godwin, Mr. remarks on his work on Population, Gen. Int. xcix. note. Gore, Hon. Francis, Lieut. -Governor of Upper Canada, i. 15. Statutes passed during his government, ii. 234-— 250, 267 286. Prorogues the parliament suddenly, 287. His speech on that occasion, 288. Address to him from the inhabitants of York, on his departure for England, 440. Goulbiirn, Mr. letters from him to Mr. Gourlay, on the subject of emigration, Gen. Int. cclxxvii. ccxcii. ccxcviii. Gourlay, Mr. his Circular to Members of the Imperial Parliament, Gen. Int. i. Statement of his case, v. Goes to Upper Canada, ibid. Conceives a scheme for a grand system of emigration to that country, vi. Recommends a subscription for sending home commissioners to intreat inquiry into the state of the province, vii. Is twice arrested on charges of sedition, ibid. Advises the Convention to refer its cause to the Lieutenant- Governor and general Assembly, viii. Is twice honourably acquitted, ibid. Is arrested, and ordered to quit the pro- vince, ix. Is again arrested, and committed to jail for eight months, ibid. Institutes an action for false imprisonment, x. Is cruelly treated in prison, xiii. When brought up for trial, is wholly incapable of defending himself, from w'eak- ness occasioned by his close confinement, xv. Found guilty of having refused to leave the province, ibid. Pledges him- self to show that Upper Canada, instead of costing England a large sum of money, could yield annually a handsome re- venue, xvii# Order for his commitment to jail, xxvi. His B2 INDEX. petition to tho House ofCoinmons, xxix. To Chief Justice Powell, for a writ of habeas cor})U8, xl. Affidavits of his being a British subject, xli. His petition to the king, xliv. Reflections on the cruelty and illegality of his treatment, Ixviii. Ixxv — Ixxviii. and ii. 393. His design in the pre- sent work, Ixxxiii. Recounts some circumstances of his own history, ibid. Makes a journey into the counties of Rutland and Lincoln, to ascertain the advantages of granting a portion of land to the poor, Ixxxiv. Con- vinced of the necessity of changing the system of poor-laws, Ixxxvi. Resolves to devote his life to this end, Ixxxvii. A steady disciple of Mr. Malthus, with certain modifications of his system, cii. note. Becomes overseer of the parish of Wily, in Wiltshire, and employs himself in correcting errors respecting the wages of the poor, cvii. cix. Account of his reception by a party of farmers, at Brigg, in Lincolnshire, CX4. His pamphlet, entitled. Tyranny of Poor Laws ex- emplified, cxvi. His address to the labouring poor of Wily parish, cxxii. Petition to the Houses of Lords and Com- mons, on the poor laws, education of children. See. cxxix. Second petition on the same subject, including proposals for supplying the poor with land, and thus obviating the ne- cessity for poor rates, cxxxviii. Explanation of its object, cxlvii. Ease with which this might be accomplished, and benefits which would arise from it, cliv. Remarks on Mr. Malthus’s Essay on Population, clxiii. Mr. Gourlay’s con- stancy in the course which he has adopted, clxxii. Con- nexion of his plan for abolishing poor-laws, wdth emigration to Canada, clxxxii. His first address to the resident land- owners of Upper Canada, clxxxvi. His address to the people of Upper Canada, stating the reasons for delay in the publication of the work, cxcvii. Makes a pedestrian ex- cursion through the Highlands of Scotland, exeix. Returns to London, but prevented, by unfortunate occurrences, from proceeding with the publication, cevi. Sinks into a state of despondency and gloom, to arouse himself from which he offers to accompany Sir R. Wilson to Naples, in the cause of independence, cevii. Prevented by the submission of the Neapolitans, ibid. Makes an excursion to the west of Eng- INDEX. 21 land, ecviii. Resolves t6 commence a second volume, ccx. Apology for narrating bis proceedings, ccxi. Refutation of the infamous slanders propagated against him by the Courier, ccxii. Account of his examination by the Hon. W. Dickson, ccxv. note. Defence of his political conduct and opinions, ccxxii. Circulates proposals for a jneeting of deputies from the farmers in every part of the United Kingdom, ccxxv. Benefits which would have arisen from the adoption of this proposition, ibid. Extract from his letter in the Niagara Spectator, ccxxxiii. His remarks on the debate on Mr. Scarletfs Poor Relief Bill, cclxxiii— cclxxx. His letters to Sir Robert Wilson, cclxxxi. note. His petition to the House of Commons relative to the poor laws, cclxxxii. His cor- respondence with Earl Batbiirst, on the subject of emigration to Upper Canada, cclxxxvii. Object and nature of his “ Statistical Account of Upper Canada,” ceexv. His ap- peals, cccxvii. His remarks on Mr. Adame’s opinion on his case, ceexx. His disappointment as to a commission of Ca* nadians to solicit inquiry into the state of the province, cccxxiii. Observations on the resolutions of a meeting of the inhabitants of the county of Halton, cccxxx. On colo- nial government, cccxxxiii — ceexlii. On the policy of grant- ing independence to Canada, ceexlii — cccl. His journey to Wiltshire, ccclxii. Address to the people of Wiltshire, ccclxiii. Letter to the Editor of the Salisbury Jour- nal, ccclxix. Reason for reprinting these documents, ccclxxiii. Address to the parliamentary representatives of the people of Upper Canada, ccclxxvii. Second address, cccxcix. His queries to the inhabitants of Upper Canada, i. 270. Explanatory notes, 271. Remarks on the stale of the Home District, 458. His letter to the editors of British newspapers respecting the settlement at Perth, 522. His remarks on the encouragement held out by government to emigrants in 1815, 539. Arts of his enemies to prejudice ihe people against him, 553. Draught of a proposed address to the Prince Regent, 571. His review of the contents of this work, ii. 2^2. Observations on the character of Mr. Burke, 293, note; and on the absurdity of giving to Canada the British constitution, 294, 299. Remarks on the 22 INDEX. debasement of the people of Upper Canada, 303. Various modes in which their representatives are corrupted by the governor, 305. Observations on the statutes of Upper Canada, 336. His treatment in Niagara gaol, 393. Letter on the situation of the felons confined there, 397. Letters to Sir Henry and Lady Torrens, 459 — 466, note* Address to the resident land-owners of Upper Canada, 471. Reflections on the cruelty and injustice of his treatment, 491. Addi- tion to his address to the resident land-owners, 554. His letter to Governor Sherbrooke, 557. Causes which delayed his departure from Canada, 565. His third address to the resident land-owners, 581 . Extract of his letter relative to the proceedings of the Canadian convention, 598. His pro- posal to publish a newspaper in Upper Canada, 613. Letter to the editor of the Niagara Spectator, cii. Second letter to the same, exxvi. Graham, Sir J. Gen. Int, cclxvii. Grant, the Hon. A, president of Upper Canada, i. 15. Statutes passed during his administration, ii. 231 — 233. , Mr. C. Gen. InL cccxciv, , Mr. W. ii. 72. Grantham, township report of, i. 421. Grasses of Upper Canada, i. 154. Great Britain, reflections on its present situation, Gen. Int, cxlvii. Variety of schemes proposed for its deliverance, cxlviii. Me- thods by which this object may be effected, cxlviii. No benefit to be expected from a revoluion, cxlix. Grece, Mr. account of his work on Upper Canada, Gen. InL cccii. Grenville, township of, i. 605. Grey, Mr. ii. 29, 30, 32, 45. Grimsby, township report of, i. 429. Second Report, 430. Grinding, rate of, i. 271. Gurney, Mr. Gen. Int. cclxviii. cclxxii. cclxxiii. Guthrie’s Geographical Grammar, extraordinary mis-statement in that work, as to the wolves of Upper Canada, noticed and refuted, i. 160. Gypsum obtained in large quantities in the township of Dumfries, i. 149. INDBX. 23 H. Halditnand, township of, Newcastle district, i. 132. Township report of, 467. , Gore district, township report of, i. 384. Hallowell, township of, i. 131. Township report of, 487. Hamilton, township of, i. 132. , Mr. ii. 580, 689, 597. Harbord, Mr. Gen. Int. cclxv. Harrison, General, takes possession of Sandwich, i. 46. Lands at Amherstburgh without opposition, 47. Besieged by Gen. Proctor in Fort Meigs, 49. Harwich, and the adjoining townships, report of, i. 291. Sup- plement to the report, 294. Additional information by Mr. Dencke, 296. Hemp, the cultivation of, encouraged by the legislature, i. 165. Heron, the, bears a great affinity to the crane, i. 174. Hobhouse, Mr. Gen. Ini. cclxiv. Holidays and festivals observed in the province, i. 255. Holland. Lord, offers to present Mr. Gourlay’s petition to the House of Lords, Gen. Int, Iv. Home District, i. 119. Not a single report received from thence, 458. Causes of this, ibid. Hope, township of, i. 132. Horner, Mr. his letter to Mr. Gourlay. Gen. Ld. cxxxni. Horse, three kinds in Upper Canada, 169. rico o , ,, 287, 292, 468, 499, 505, 519, 561. Howard, township report of, i. 291. r. j *• Howison, Dr. acLnt of his » Sketches of Upper Canada Gen. Ini. cceyvi. Misrepresentations and unfair character Of thatpublicauon, cccxl. Hudson’s Bay Company, when incorporated, i. • the country granted to them, ib.d. ^ prodama- Hull, General, invades Upper ,ovince, ibid, tion, and is joined by many inhab.tanU ol 1 1 p Returns to Detroit, followed by General Brock, 46. 2i INDEX. Hull, township of, i. 607. Humberslon, township report of, i. 407, Hunter, General, appointed Lieut.-Governor of Upper Canada, i. 15. Statutes passed during his government, ii. 215—230, Hussey, Mr. ii. 5, 65, 77. Hutchinson, Hon. Mr. Gen* Int, cccxcv. I. J. Jackson, Mr. his pamphlet on the political state of Upper Ca- nada, declared libellous by the House of Assembly, ii. 317. Extracts from it, 318 — 327. Address of the Assembly to Governor Gore on the subject, 329. Remarks, 330 — 335. Jenkinson, Mr. Gen. InL cclviii. Imports to the province, i, 224. Imprisonment for debt, not allowed for a less sum than forty shillings, and where there is an apparent intention to avoid payment, i. 238. Oath of the creditor previously required, ibid. Improvement, opinions as to what retards or would promote it, i. 280, 283,289, 293, 304, 309, 311, 313, 317, 319, 321, 323, 327, 329, 332, 334, 340, 341, 343, 346, 348, 350, 351, 361, 367, 369, 370, 373, 378, 382, 383, 387, 391, 395, 409, 411, 415, 420, 424, 428, 430, 448, 451, 454, 476, 478, 485, 489, 492, 500, 502, 506, 563, 623. Re- marks on these, ii. 402. I nclosure bill, a general one, brought before parliament by Lord Carrington, without success, Gen. Int. Ixxxv. Incumbents presented to livings by the Lieutenant-governor, sub- ject to the Bishop’s right of institution, i. 232. Indians in the Moravian villages, account of, i. 296. " — longer be looked to by Canada, as allies in war, ii. 390. The object of government ought to be their im- provement in morals and education, ibid. How this might be accomplished, 391. Inquiry into the present state of Upper Canada, imperatively called for, ii. 499 INDEX. 25 Industry th« general characteristic of the people, i. 260. Inhabitant, singular definition of the meaning of this word by Chief Justice Powell, Gen. Int, xvi. note. Insolvent debtor entitled to be discharged or maintained in prison by the creditor, i. 238. Other provisions in his favour, 239. Instances of national civility between Upper Canada and the United States, i. 266. Interest, the lawful rate of, in Upper Canada, i, 227. Introduction to Sketches and Township Reports, Gen. Int. clxxxv. Johnstown District, i, 117. Meeting of representatives, ii. 626. , calculated for a mercantile depot, but has experienced a comparative decline, i. 126. Jones, Mr, his character, ii. 663. Iron ore found in some parts of the province, i. 150. Letter on this subject, 324, note. Iroquois, or Five Nations, formidable enemies of the first French colonists of Canada, i. 4. Oblige them to retire down the river, ibid. Isle Perrot, seigniory of, i. 592. Isle Jesus, seigniory of, i. 598. Judiciary government of Upper Canada, i. 205. No Court of Chancery yet established, 206. Superior court styled the King’s Bench, ibid. Justices of the peace, their powers, i, 207. K. the, a constituent branch of the legislature of the province, i. 204. Solely vested with the supreme executive power, ibid. King’s Bench, court of, the superior court of the province, i. 206. Has powers similar to those of the King’s Bench, Common Pleas, and in matters of revenue, the Exchequer of England, ibid. An appeal lies from its decisions to the Governor and Executive Council, ibid. Kingston, great road from, to York, i. 97. Town and harbour, 3 INDEX. 26 ibid. Fortifications, barracks, &c. 98. Its advantages as a harbour, compared with those of other places on both sides of lake Ontario, 99. Description of the town, 127. Bank established at, 227, mte. Provision made for regulating its police, &c. 267. Township report of, 470. Second re- port, 477. Kitley, township report of, i. 517. L. Labourers, in all cases, have their board and lodging allowed, in addition to their wages, i. 271. Lac des deux Montagues, seigniory of, i. 600. Lake Superior, its magnitude, i. 39. Contains many large islands, ibid. Its waters freeze in some places to the distance of se- venty miles from its shores, 87. Huron, its size, i. 41. This, apd Lake Michigan, frozen more than Lake Erie, during winter, 87. Michigan, i. 41. Sinclair, i. 42. Erie, i. 48. Very little frozen during the winter, 87. Situation of its islands, ibid. Ontario, i. 85. Depth of its waters, ibid. Scum covering its surface, near the shores, in June, ibid. Its water un- pleasantly warm during the summer, 86. Never closed with ice, except in certain parts, 87. Situation of its islands, ibid. Its navigation more important than that of any of the other lakes, 107. Balance of naval force on it, in favour of the British, 108. Salmon, resemble the salmon of the sea, i. 176. • Chub, superior to the dace, i. 180. Herring, different from the European, i. 182. Lakes, a general decrease in their waters, i. 114. Something • like irregular tides perceptible in them, ibid. Fish found in them, 175. Various modes of taking the fish, 182. Lamprey, too insipid for food, i. 181. Land let on shares, extent of, and terms on which lei, i. 279, INDEX. 27 283, 288, 293, 304, 309, 310, 312, 316, 319, 321, 323, 327, 328, 330, 334, 339, 341, 343, 360, 366, 372, 382, 386, 390, 395, 399, 408, 411, 414, 419, 423, 427,429, 443, 447, 468, 475, 484, 485, 488, 491, 500, 506, 519, 562, 622. Land, wild, price of at the first settlement, and at present, i. 279, 283, 288, 293, 304, 310, 316, 327, 334, 373, 377, 387, 390, 395, 399, 408, 440, 443, 468, 475, 478, 484, 485, 487, 494, 500, 506, 512, 514, 662. partly cleared, with buildings erected, price of, i. 279, 283, 293, 309, 310, 316, 319, 327, 330, 334, 339, 360, 367, 370, 373, 390, 395, 400, 414, 419, 423, 427, 429, 445, 447, 453, 468, 475, 484, 489, 491, 513, 562, 622. — , quantity for sale, i. 279, 288, 293, 304, 309, 311, 313, 316, 319, 321, 323, 327, 328, 334, 339, 341, 343, 345, 348, 350, 360, 367, 370, 373, 387, 390, 400, 408, 411, 414, 419, 424, 427, 429, 440, 443, 447, 450, 453, 476, 478, 484, 491, 506, 563. board, i. 208. crab, i. 185. La petite Nation, seigniory of, i. 603. Landsdown, township report of, i. 502, 513. Law society of Upper Canada established, i. 234. Its rules as to the admission of practitioners, 235. Lawley, Mr. Gen. ItU, cclviii. Learning, state of, in the province, i. 244. Leeds, township report of, i. 516. Legislative Council of Upper Canada concur in the Lieutenant- Governor’s intention of withholding the royal grant of land from those persons who had been members of the Conven- tion, Gen. ItU. xii. Constituted by the Act of 31 George III., i. 190. Qualifications of its members, ibid. Ap- pointed by the King, ibid. Tenure of their appointment, 191. The Speaker appointable and removeable by the Go- vernor, ibid. Not vested with judicial authority, ibid. Its present character, ii. 296, 299. Its resolutions on the sub* ject of its claim to alter money bills, 571* Lewis, Mr. F. Gen. Znt. ceixi. 28 INDEX. Licensed retailers and pedlars, number of them in the province, in 1810, i. 226. Lieutenant-Governor, the person administering the government of Upper Canada, usually so called, i. 202. His powers, ibid. Receives his appointment from the crown, 205. Has a council to advise him in the executive department of the go- vernment, ibid* Empowered to erect and endow parsonages or rectories in the several townships, 232. Lime, price of, i. 277, 281, 333, 467, 512, 518, 560. Lizards not numerous in the province, i. 185. Jx)chaber, township of, i. 605. lx)ckhart, Mr. Gen, Int, cclviii. London District, i. 120. , town of, intended by General Simcoe for the future capital of the province, i. 138. Londonderry, Marquis of, Gen. Int. cclv. cclxiii. cclix. cclxx. Longue Sault, a difficult rapid in the St. Lawrence, i. 113. Longueil, New, seigniory of, i. 584. Loon, the, a water fowl, i. 173. Loughborough, township of, i. 128. Louisiana purchased by the United States, i. 20. Louth, township report of, i. 425. Lushington, Dr. Gen, Lit. cclxxii. Luxury, small progress of, in Up]>er Canada, i. 250. M. Macdonell, Mr. ii. 569. Mackenzie, Mr. manner in which he performed his tours of dis- covery, i. 33. Mackintosh, Sir James, presents Mr. Gourlay’s petition to the House of Commons, Gen. Int. lii. Newspaper report of bis speech on the occasion, liii. Letter from Mr. Gourlay to him, livr. His answer, Iv. Quotation from his Vindicim Gallicae, clxxv. Magistrat«i of Upper Canada, ranked under four denominations, n. 609 . Evil consequences of placing the whole power of INDEX. 29 making and unmaking them in the hands of the Governor, 513. Maguaga, British and Indian force defeated at, i. 146. Maitland, Sir Peregrine, Lieutenant-Governor of Upper Canada, in his speech on opening the session of 1819, declares his intention of withholding the royal grant of land from those persons who had been members of the Convention, Gen, InL ^ xl. His speech at length, cccxcvii. Remarks on it, cccxcviii. Malahide, towmship report of, i. 340. Malden, township report of, i. 281. Malthas, Mr. points out the insufficiency of Mr. Young’s plan of providing for the poor, Gen, Int. Ixxxix. Recommends a general improvement of cottages, and the cow system on a limited scale, xciii. Eulogium on his Essay on Population, xcv. Too stoical in his reasoning, ci. Oversights and errors in his work pointed out, clxiii. clxxiii. clxxix. Manchester burnt by the British troops, i. 62. Manitou or Manitoulin Islands, in Lake Huron, considered by the Indians as the residence of spirits, i. 41. Mansfield, Mr. Gen. Int. cclvi. cclxiii. cclxvii. Manure, for what crops applied, and when, i. 279, 288, 293, 312, 316, 319, 331, 323, 326, 328, 360, 366, 372, 390, 395, 399, 408, 411, 419, 423, 447, 453, 475, 483,485, 487, 489, 491, 500, 506, 562. Marl, abundant in every district of the province, i. 149. Martin, an animal highly valued for its fur, i. 165. , Mr. ii. 24, 101, 104. Marysburg, township of,^ i. 131. Maxwell, Mr. Gen. Int. cclxv. Medicinal springs, two in the township of Scarborough, i. 145. — roots, i. 153. Meetings by deputy the genuine means by which great] public be- nefits ,may be obtained, Gen. Int. ccxxv. Medical practitioners, number of, i. 276, 281, 285, 291, 314, 332, 397, 435, 498, 569. Methodists, the most numerous class of dissenters in the province, i. 233. INDEX. :I0 Menonists, conditionally exempted frotn serving in the militia, i. 234, 619, note. Michigan, territory of, surrendered to the British by General Hull, i. 45. Michilimackinac, given up by England to the United States, i. 24. Captured by the British troops, 25. Unsuccessfully attacked by the Americans, 26. Middleton, township report of, i. 329. Midland District, i. 118. General report, 492. Meetings of representatives, ii. 617, 618. Military settlements rarely succeed, i. 550. Militia of Upper Canada, grants of land promised to them during the war, but neglected on the restoration of peace, Gen. Int. X. Composed of the male inhabitants between certain ao-es • & ^ 1 . 229. Formed into regiments and battalions, ibid. Their officers, ibid. Annually reviewed, and trained, ibid. Nu- merous in proportion to the inhabitants, 230. Pensions allowed to those disabled during the war, and to the widows and orphans of those killed, ibid. Mille Isles, seigniory of, i. 600. Mills of various descriptions, and charge for grinding, sawing, carding wool, &c. i. 276, 281, 286, 291, 295, 312, 315, 322, 333, 342, 347, 371, 382, 385, 389, 407, 409, 417, 422, 426, 429, 441, 445, 452, 467, 472, 482, 486, 488, 490, 493, 498, 503, 511, 513, 517, 518, 559, 580, 622. Milton, Lord, Gen. Int. cclxii. Minerals and mineral springs discovered or indicated, i. 276, 286, 295, 303, 308, 310, 312, 315, 318, 320, 322, 324, 330, 333, 338, 341, 342, 347, 349, 358, 372, 382, 383, 386, 389, 394, 397, 407, 410, 413, 418, 422, 426, 435, 442, 447, 449, 453, 473, 483, 488, 490, 493, 498, 509, 511, 513, 516, 518, 560. Mink, a small amphibious animal, i. 165. Mistake, a curious one, as to the boundary between the United States and Lower Canada, i. 23. Mocking bird, or brown thrasher, i. 174. Mohawk land, i. 132. Money of the province, i, 215. Value of current coins, ibid. 4 INDEX. 31 Monck, Mr. Gen. Int, cclvi. cclxix. Montreal, first settlement of, by the French, i. 3. Taken by General Amherst, 8. Two banks established at, 227, vote. , seigniory of, i. 592. Moose deer, i. 159. Moravian towns, battle fought there, i. 42. Mosquenonge, a rare lake fish, i. 176. Mouse, i. 169. Field mice more numerous in Upper Canada than in the United States, ibid. Mowing, reaping, and cradling, price of, i. 277, 282, 286, 292, 319, 320, 368, 370, 398, 413, 418, 427, 429, 438,442, 447, 449, 453, 499, 504, 561, 622. Mullet, the, not plentiful in the lakes, i. 180. Murray, Lieutenant-General Sir G., Provincial Lieutenant-Go- vernor, i. 16. Musk rat, or musquash, i. 165. N. National character, principally Anglo-American, i. 247. National debt, means proposed for its extinction, Gen. Int, cxlviii. Not an evil in certain circumstances, cxlix. Nelson, township of, i. 134. Township report of, 365. Newcastle District, i. 118. Newport, Sir John, Gen. Int. cccxci. cccxcvi. Newton, township of, i. 609. New York, state of, furnishes a fair example for Upper Canada, of the advantages of emigration and settlement, i, 243* Niagara river, account of, i. 60. , falls of, described, i. 64 — 73. ^ town of, taken by the Americans, i. 81. Burnt by Gen. M’Clure, of the New Y ork militia, 82. ^ ' District, i. 119. Completely organized under Mr. Gourlay’s plan, ii. 575. Meetings of the representatives of its several townships, 609. Nichol, township report of, i# 375. 32 INDEX. Nichol, Mr. proposes certain resolutions in the House of Assem- bly, ii. 287. Comes to England to submit documents on the state of the province to ministers, 485. Sketch of his proceedings, 628. Procures the committal of Mr. Durand to prison, for a libel, 644. Remarks on his conduct on that occasion, 046. His history, 662. North-west Company, account of the, i. 31. Produce of their trade for one year, 33. Manner in which their business is conducted, ibid. Norwich, township report of, i. 331. Notes, explanatory of Mr. Gourlay’s queries, i. 271, 3CX). O. Ogdensburgh unsuccessfully attacked by the British, i. 111. Again attacked, and taken, 112. Onslow, township of, i. 609. Order in Council relative to the commercial intercourse with the United States, i. 259. Schedule of duties to be received under it, 261. ' lessen the tonnage duty imposed by a for- mer order, i. 265. Orford, township report of, i. 291. Oswego, its situation, i. 101. Taken by the French in 1756, ibid. Retaken by General Amherst in 1760, ibid. Given up to the United States after the treaty of 1794, 102. Cannon- aded without much effect by a British squadron, ibid. The barracks burnt by General Drummond, ibid. Ottawa, or Grand River, i. 114. An inland navigation might easily be effected between this river and the St. Lawrence, by locks and canals, 127. Otter, not properly an amphibious animal, i. 164. Owen, Mr. Gen, Inl. cxxxviii. clxi. Ox, price of a good one, i 277, 282, 287, 292, 468, 499, 505. INDEX. 33 Oxen and cowf4, of a good stock, i. 170. Oxford, township of, i. 136. Townsliip report of, 308. P. Palmer, Mr. F. Gen. Int. cclix. cclxix. cclxxiii. Parliament House at York, burnt by a party of American sailors, i. 90. Parliament and the People, ii. 539—704. Partridge, the, called in Pennsylvania, the pheasant, i. 173. Pasture, quality of^ and what an ox of four years old will gain by a summer’s run, i. 178, 282, 287, 293, 303, 308, 310, 312, 319, 321, 323, 326, 328, 334, 339, 343, 345, 348, 349, 359, 372, 394, 398, 408, 410, 413, 418, 423, 449, 453, 478, 483, 486, 490, 500, 505, *562. Pelham, township report of, i. 441. People and inhabited houses, number of, in each township, i. 275, 281, 285, 291, 385,467, 471,482,493, 498, 503, 510, 559, 580. Perch, a fish common and easily caught, i. 179. Perry, Commodore, captures the British naval force on Lake Erie, i. 53. Treats his unfortunate rival with the most deli- cate attention, 54. Phillips, Mr. Gen. Int. cclvi. Phipps, Colonel, ii. 26,28, 31. Pickerel, a species of pike, i. 178. Pike, the Canadian, i. 178. Pitt, Right Hon. W. Chancellor of the Exchequer, introduces the act granting a constitution to Upper Canada, in 1791, ii. 1. His speeches on that subject, 2, 13, 30, 31, 33, 59, 65, 66, 69, 76, 77, 78, 84, 102, 103, 105, 108, 109. Places of worship generally plain, i. 256. Indecorous practice in some, ibid and note. Not so numerous as might be wished, but increasing, 256. Plain, signification of this word in Upper Canada, i. 273. Ploughing, usual time of commencing, i.278, 282, 287, 308, 310, 359, 366, 408, 410, 468, 474, 499, 505, 561, 621. C 34 INDEX. Politics very little attended to in the province, i. 249. Not pro- ductive of so much private animosity as in the United States, ii. 316. Poor laws, the present system of, the greatest evil which over- shadows the fate of England, Gen. InL Ixxxiii. Incon- ceivable mischief which has arisen from this source, ciii — cv. cxiii. cxv. Petitions on this subject from the inhabitants of Wily, cxxix. cxxxviii. Debate on Mr. Scarlett’s bill for the amendment of them, cclii — cclxxiii. Remarks on the de- bate, cclxxiii. Rise and progress of the poor laws, cclxxvi. Introduced in England by the 43d of Elizabeth, ibid ; and in Scotland by an act of James VI. cclxxvii. Their mis- chievous effects prevented in the latter country by the estab- lishment of schools, cclxxviii. Poor of England, dreadful situation to which they have been re- duced by poor-laws and enclosure bills, Gen. Int, clxii. ccclix. Popular diversions, i. 250. Population of Upper Canada, i. 139, 612. Portland, township of, i. 128. Ports of entry and clearance, i. 225. Postscript, Gen. InL cccli. Poultry, i. 171. Powell, Chief Justice, his misconstruction of the word Inhabit- ant,” Gen, InL xvi. note. Mr. Gourlay’s petition to him for a writ of habeas corpus, xl. Remands him to prison, xliii. His character, ii. 516 — 522. Powis, Mr. ii. 65, 67, 78, 104, 107. Presbyterians appear to be increasing in numbers and respecta- bility in the province, i. 234. Presque Isle, or Newcastle, harbour, i. 94. Prescott, a rising settlement on the St. Lawrence, i. 112, 126. Prevost, Sir George, makes an unsuccessful attack on Sackef’s harbour, i. 104. Price of land, i. 241. Principal officers of provincial government paid by the crown, i. 219. Amount voted for that purpose by the British Par- liament, in 1820, 220, note. index. 35 Principles and proceedings of il,e inhabitants of Nia-^ara District ii. 519. Proctor, General, abandons Amherstburgh, i. 47. ' Besieges Ocn. Harrison in Fort Meigs, 49. Raises the siege, and with- draws his army towards Detroit, 50. Attempts to take Fort Sandusky, but is repulsed, ibid. Profession and practice of law, i. 234. Progress of political discontent in Upper Canada, ii. 313. Provincial Parliament, how constituted, i. 90. See Legislative Council and Assembly, Provincial revenue, amount and sources of, i. 220. Publications on Canada, account of, Gen. Int, ccci. Pugilism once considerably prevalent in the province, but now declining, i. 252. Q. Quail, the, named in Pennsylvania, the partridge, i. 173. Quakers not admitted to a seat in the House of Assembly, i. 198. Conditionally exempted from militia duties, 234. Qualifications of Members of the Legislative Council, i. 190. ► House of Assembly, i. 1 96. electors for members of the House of Assembly, i. 192. Quebec, first French settlement in Canada formed at, i. 3. Taken by the English under General Wolfe, 8. — act, inserted by the American Congress in their list of parliamentary grievances, i. 9. Queenston heights, beautiful prospect from, i. 76. Attacked by the Americans without success, 78. , village of, in a flourishing state, i. 79. Queries addressed to the inhabitants of Upper Canada, by Mr. Gourlay, i. 270. Quinte, bay of, its situation and extent, i. 94. Rt^ccives the waters of the Uice lake, 95. C2 3<5 INURX. R. Racoon, an animal resembling the beaver, but smaller, i. 166. Radical, the term not known in Upper Canada as a party dis- tinction, Gen. Ini. ccxxii. Rainham, township report of, i. 320. Raleigh, township report of, i. 284. Rat, not found in Upper Canada till the late war, i. 169. Rattle-snake, two species of, in the province, i. 1 85, Reform of parliament must take place sooner or later, Gen. Int. clxxiii. Excellent effects which would attend its progress, clxxx. Rensselair, General, attacks the Queenston heights, but is defeated by General Sheaffe, i. 78, 79. Rents and interest, the true sources of supply for taxation, Gen. Int. cl. cli. clii. Mr. Gourlay’s letter on, cccliii. note. Reports of judiciary decisions much wanted in the province, i. 208. Advantages derivable from them, 210. Resolutions of a meeting of the inhabitants of the county of Hal- ton, on the agricultural distresses of the province, Gen. Int. cccxxv. Remarks on them in several British newspapers, cccxxvii — cccxxx. Observations by Mr. Gourlay, cccxxx — cccxxii. — of the House of Assembly on the admission of emi- grants from the United States, ii. 289. Revenue, amount of the provincial, in 1810, i. 220. Much in- creased since that period, 266. Review of the contents of this work, ii. 292 — 538. Riall, General, takes and burns the village of Buffalo, i. 59. And of Black Rock, 60. Wounded and taken prisoner in the battle of Lundy’s Lane, 74* Ricardo, Mr. Gen. Int. cclvi. Rice growing wild in marshes, and on the borders of lakes, i. 155. Indian method of gathering it, ibid. Roads are advancing to a more perfect state, i. 251. Liberal grants made by the Legislature for their improvement, 266. INDEX. ■ t . I •n j 37 Present stale of, 279, 283, 288, 293, 304, 309, 311, 313, I 316, 319, 321, 327, 328, 331, 334, 339, 341, 343, 346, ; I 348, 360, 360, 367, 369, 370, 373, 377, 382, 387, 391, ; ^ 395, 400, 408, 411, 414, 419, 424, 42r, 430, 443, 447, 450, 453, 476, 478, 484, 485, 487, 489, 491, 600, 506, 511, 514, 618, 563. > » Rochcfoucault Liancourt, Duke de la, extract from his Travels, ^ describing the state of Upper Canada under the government of ^ General Simcoe, ii. 127 — 202. His statements correct, and I his observations good, 389. » Roman Catholics, comparatively few in Upper Canada, i. ^34. ' V Russell, the Hoti. Peter, president of Upper Canada, i. 15. / Statutes passed dhring his administration, ii. 203 — ^214. Ryder, Mr. ii. 106. S. Sabbath, observance of the, i. 256. Sachet’s harbour blockaded by Commodore Yeo, i. 103. Unsuc- cessfully attacked by Sir G. Provost, 104. St. David’s, village of, the head-quarters of the British army in 1813, and of the American army in 1814, i. 79. Many buildings burnt there by order of an American officer, who is dismissed from the service by General Brown, ibid. St. John, Mr. ii. 24, 32. St. Joseph, island of, the most western post maintained by Great Britain, before the commencement of the late war, i. 25. Taken by the Americans, 26. St. Lawrence, Bay of, discovered and so named by Jacques Car- tier, i. 2. River of, not at first called so, higher than the island of Montreal, ibid. Now commonly known by that name in its whole extent, from the gulf to the outlet of On- tario, ibid. Afterwards receives various appellations, 3. Generally frozen over in winter, 87. Its width, aW extent of navigation, 109. Sklihoti trout, i. 177. / 38 INDEX. Salt, the upper districts of the province principally supplied with this article from the United Stales, i. 146. Salt springs, i. 146. Saltfleet, township report of, i. 396. Sandwich, taken by General Hull, and evacuated after a month’s possession, i. 45. Again entered, and retained during the war by the Americans, 46. Township report of, 275. Sawyer, or whetsaw', i. 174. Scalp found in the Parliament House at York, employed by some American sailors as a pretext for burning that edifice, i. 90, and 72o^e. Explanation of the circumstance, 91. Scarlett, Mr. his Poor Relief Bill brought into the House of Com- mons, Gen, Int, ccix. His speech on that occasion, cclii. On the second reading, cclvii. cclix. cclx. cclxiii. cclxviii. cclxx. cclxxi, cclxxiii. Schools, number of, and the fees por quarter, i. 276, 281 285 291, 314, 324, 332, 407, 434,467, 471, 482, 594, 498, 503, 559. School Act, not popular, and why, i. 245. Scotch labourers, their superiority over the English, in various re- spects, Gen, Int, civ. clxxvii. clxxvii. Seabright, Sir S. Gen, hit, cclxix. Selkirk, Lord, commenced a settlement on Lake Sinclair, which suffered during the war, i. 137. Serpent, one of unusual magnitude said to have been seen in Lake Ontario, i. 186. Settlers, actual, lots of 200 acres of land, granted to them on payment of office fees, and performance of settling duties i 241. ® ’ • Sheaffe, Major-General Sir R. H. president of Upper Canada, i. 15. Defeats the Americans dt Queenston, 79. Statutes passed during his presidency, ii. 255 — 258. Sheep, price of, i. 277, 282, 287, 292, 339, 368, 468, 499, 505 561. Sheffield, Lord, ii. 32, 69, 108. Sherbrooke, Sir J. govcrnor-in-chief of the Canadas, extract of his INDEX. 39 speech to the Parliament of the lower province, ii. 556. Re- marks on it, 558. Sheridan, Mr. ii. 30, 31, 78, 108. Short hills, i. 77, andwoie. Silver eel, a delicious fish, i. 181. Siincoe, General, appointed the first Lieutenant-governor of Upper Canada, i. 14. His favourite object to promote the settle- ment of the province, ibid. Supposed to have contemplated London as the future capital of the province, 138. His speeches on the Quebec Bill, in the British House of Com- mons, ii. 104, 107. His speech to the Legislative Council and HQu§§_o£Assembly of Upper Canada, on the opening of the first session of the Provincial Parliament, 110. And on closing the session, 111. Statutes passed during his admini- stration, 113 — 126. Interesting account of his government, manners, &c. by the Duke de la Rochefoucault Liancourt, 127 — 202. Remarks on his character, 309, His schemes aban- doned, and his engagements violated, on his vecal, 310. His proclamation inviting settlers to Upper Canada, 445, note, Sinclair, Sir John, ii. 78. Six Nations, Indians, a valuable tract of land assigned to them in compensation of their services during the revolutionary war, i. 135. Their mode of letting their land, 136. Sketches of Upper Canada, i. 1. Sketch I. History, 1. Sketch II. Boundaries, 16. Sketch III. Natural divisions of the country, 27. Sketch IV. Lakes, rivers, cataracts, bays and harbours, 37. Sketch V.. Civil divisions, 116. Sketch VI. Settlements, 124. Sketch VIL Population, 139. Sketch VIII. Climate, winds, &c. 140. Sketch IX. Water, 145. Sketch X. Soil, stones, minerals, &c. 147. Sketch XI. Productions, natural and cultivated, 150. Sketch XII. Ani- mals of the forest, 157. Sketch XIII. Domestic animals, 169. Sketch XIV. Birds, 171. Sketch XV. Fishes, 175. Sketch XVI. Amphibious animals, reptiles and insects, 183. Sketch XVII. Constitution, 189. Sketch XVIIL Provin- cial Parliament, 190. Sketch XIX. Executive Government, 204. Sketch XX. Judiciary, 205. Sketch XXL Money, 215. Sketch XXII. Revenue and taxes, 217. Sketch 40 INDEX. XXIII. Commerce, 224. Sketch XXIV. Militia, 229. Sketch XXV. Religion and ecclesiastic institutions, 231. Sketch XXVI. Profession and practice of law, .234. Sketch XXVII. Physic and surgery, 235. Sketch XXVIII. Trades and apprenticeships, 236. Sketch XXIX. Imprisonment for debt, insolvent laws, and liability of land for debt, 238, Sketch XXX. Gradual abolition of slavery, 240. Sketch XXXI. Price of land, and encouragement to settlers, 241. Sketch XXXII. State of learning, 244. Sketch XXXIII. Character, manners and customs of the inhabitants, 247. Appendix to the Sketches, 257. Introduction, Gen, Int, clxxxv. Sketches of a plan for settling in Upper Canada, account of, Gen, Int, cccxiii. Skunk, a species of pole-cat, i. 167. Skylark, not found in Upper Canada, i. 174. Slaves, the number of them in the province very small, i. 241. Sleighing parties, i. 250. Sleighing season, i. 273. Its ordinary endurance, 278,282, 287, 292, 308, 310, 359, 366,408,410, 468, 474, 499, 505,519, 561, 621. Smart, Mr. a missionary, his letter to Mr. Gourlay, containing ac- counts of various townships, i. 507. His excellent character, 658. Mr. Gourlay’s visit to him, ibid. Smith, Colonel, president of Upper Canada, ii. 540. Lionely situation of hi.s house, 541. His speech on closing the ses- sion of parliament, 545. Remarks on it, 546. Smoking, a very common habit among all classes in the province, i. 251. Snakes, not numerous in the province, i. 186. A double-headed one, 187. Sodus, village of, burnt by the British under Sir J. Yeo, i. 100. Soil of the province, component parts of, i. 147. Not so favour- able to grass as to grain, 154, Adapted to flax and hemp, 155. Soil, general character of the, i. 276, 281, 286, 291, 303, 308, 310, 312, 315, 318, 320, 322, 324, 328, 330, 333, 338, 341, index. 41 !!!’ !!!’ !r’ 429, 441, , 46, 449, 452, 467, 472, 482, 485, 486, 487, 490 493 «, 503, 50., 5.3, ibid. 5.6,5.7,5,8,ibil5(.0. &ophia.sburg, township of, i. 131. Township report of, 486. aoulange, seigniory of, i. 586. Southwold, township report of, i. 344. Speaker of the Legislative Council, appointed, and may be re. moved, by the governor, i. 191. Squirrel, four species found in the province, i. 168. “ ■ , the flying, a rare species, i, 168. Stamford, township report of, i. 416. ^ Statistical taWe^ 306, 336, 352, 354, 402, 610. 404, 456, 524, 526, Statute labour on the highways, i. 223. Extended in the session of 1816, 266. Statutes passed in the first session of the first Provincial Parlia- ment of Upper Canada, ii. 113. In the Second session, 117. In the third session, 120. In the fourth session, 122. In the first session of the second parliament, 125. In the second session, 203. In the third session, 211. In the fourth session, 213. In the first session of the third parlia- ment, 215. In the second session, 216. In the third ses- sion, 220. In the fourth session, 221, 224. In the first ses- sion of the fourth parliament, 228. In the second session, 231. In the third session, 234. In the fourth session, 237. In the first session of the fifth parliament, 241. In the second session, 244. In the third session, 247. In the fourth ses- sion, 251. In the second session of the sixth parliament, 255. In the third session, 259. In the fourth session, 262. In the fifth session, 267. In the first session of the seventh parliament, 284. Review of the statutes, 336. A new and improved edition of them proposed, 337. Steam-boats on the lakes, i. 108. .. * . Stones, a scarcity of them for common uses, in several parts of the province, i. 148. Store, synonymous with shop in Upper Canada, i. 271. Stores, number of, i. 276^, 281, 286, 291, 314, 333, 409, 467, 472, 493, 498, 503, 610, 617, 618, 559. INDEX. 42 Strachan, Rev. Dr. account of his life, Gen. Ini. cxcix. Author of a “ Visit to Upper Canada,” published by his brother, cciv. ^ Mr. publishes a “ Visit to Upper Canada,” Gen. Int. cxcix. Infamous character of that work, cci. cciv. Cri- tique on it, from the Scotsman, cci. Street, Mr. ii. 504, 606, 607. Stuart, Captain C. account of his “ Emigrant’s Guide to Upper Canada,” Gen. Int. cccv. , Sir John, Gen. Int. cccxcvi. Sturgeon, the largest fish of the lakes, i. 175. Sucker, two species of this fish found in the lakes, i. 180. Sugar, maple, common in every district, i. 151. Summary of population, &c. in the Western district, i. 298. London District, 356. Gore District, 405. Niagara Dis- trict, 454. Newcastle District, 468. Midland District, 495. Johnstown District, 620. Eastern District, 565. Summer heat, sometimes intolerable in Canada, ii. 393. The evenings in summer delightful, 401. Sun-fish, i. 182. Surrogate Court, i. 208. Swan, the, a rare bird in Upper Canada, i. 174. Swayze, Is^c, member of assembly, Gen. Int. xxvi. Ixviii. Ixxiii. His character and employments, ii. 297, 498. Systematic petitioning, the mode by which any great national end may be obtained, Gen. Int. cxxxvi. T. Taverns, number of, i. 276, 281, 286, 291, 315, 333,467, 472, 498, 503, 559. Taxation, all power of as to Upper Canada, solemnly and ex- pressly renounced by the British Parliament, i. 203. A general spirit of contentment and satisfaction on this subject in the province, 204. ^ not an evil, so far as it stimulates to industry, Gen. Int. cxlix. Taxes, no direct provincial, . except the district tax, i. 222. INDEX. 43 Amount of this for one year, ibid. No where less burden- some, 223. Taylor, Mr. M. A. his speech on Mr. Scarlett’s Poor Relief Bill, Gen. Int. cclvii. On the Quebec Bill, ii. 23, 87. Tecumseh, the Indian chief, slain in the battle near the Moravian towns, I. 43. Hts body treated with indignity by the Arne- ricau soldiers, 44. Templeton, township of, i. 606. 1 errebonne, seigniory of, i. 598. 1 hi.stle, two kinds of, known in the province, i. 156. Thorold, township report of, i. 445. Thurlow, township of, i. 1 32. Township report of, 489. Thorpe, Mr. Justice, persecuted by Governor Gore, ii. 322. Ilis subsequent treatment, 335. Timber, kinds produced, i. 276, 281, 286, 291, 303, 308, 310, 315, 318, 320, 322, 324, 328, 330, 333, 338, 341, 342, 344, 347, 349, 358, 366, 368, 370, 371, 377, 38^383, 386, 389, 394, 397, 407, 409, 412, 417, 422, 426, 429, 442, 445, 446, 449, 452, 467, 472, 482, 485, 486, 488, 490, 493, 498, 504,' 509, 514, 517, 518, 560, 620. Toronto, township of, i. 134. I'ortoise, fresh water, or turtle, three species of, i. 183. Townsend, township report of, i. 318. Townships, Upper Canada originally divided into 158, i. 116. 1 heir number since increased, 121 . Their extent, and the manner in which they were laid out, 122. Township meetings, ii. 587, 591, 594, 595, 596, 602, 603, 604, 605, 606, 608, 615, 616, 620, 622, 623, 624, 625. reports, i. 269. Some withheld and others withdrawn by interested persons, 567. Trade of the province, much of it a species of indirect barter, i, 226. — ~ and apprenticeships, i. 236. * Trafalgar, township of, i; 134. Township report of, 358." Travelling accommodations, very indifferent, i. 250. Tree toad, or frog, i. 187. Trees, the Canadian do not exactly resemble the same species in Britain, i. 465. « 1 i m INDEX. Trolling, a favourite manner of fishing in the lakes, i. 182. Trout, the common brook, i. 177.. Tunkers, enjoy a conditional exemption from militia duties, i. 234, 619, note. Tyranny ofPoor Laws exemplified, a pamphlet by Mr. Gourlay, Gen. Ini. cxvi. U. V. ’ il. E. loyalists, persons adhering to the royal cause in the Ame- rican war, rewarded with land to themselves, and to their children on attaining the age of twenty-one years, i. 13. Their rights violated by the government of the province, ii. 456, mte* Vaudreuil, sefghiory of, h 589. Vincent, General, attempts to prevent the landing of the Ame- ,--flcan troops at Fort George, i. 81. Is compelled to retreat, 82. Retires to Burlington on the arrival of a part of Ge- neral Harrison’s army, ibid. Surprises the American army in their camp during the night, and takes Generals Winder and Chandler prisoners, 84. W. Wages of blacksmiths, masons, and carpenters, i. 277, 281, 286, 292, 312, 318, 326, 330, 333, 338, 341, 343, 345, 358, 366, 370, 376, 398, 410, 423, 442, 447, 453, 467, 473, 483, 490, l09, 504, 514, 560, 622. of common labourers, and of women servants, i. 277, 282, 286, 292, 368, 370, 372, 390, 413, 439, 447, 449, 453, 467, 493, 499, 504, 518, 560. Wainfleet, township report of, i. 449. Wakefield, Mr. Extract from his Statistical Account of Ireland, Gen, Ini. Ixxxix. note. Walpole, township report of, i. 320. Walsingham, township report of, i. 327. INDEX. Water of the province generally impregnated in a slight degree with limestone, i. 145. Water conveyance, i. 280, 283, 288, 293, 304, 309, 311, 321, 328, 334, 339, 345, 348, 330, 360, 367, 373r 377, 382, 387, 401, 408, 411, 414, 419, 424, 427, 435, 448,450, 454, 476, 484, 485, 487, 489, 492, 500, 601, 563, 581. Waterloo, township report of, i. 382. Watson, Mr. Alderman, ii. 73, 109. Weasel, i. 168. Wellington Square, part of the township of Nelson, report of, i. 368. Wentworthy^aoiynship of, i. 605. Western District, i. 120, Meeting of representatives, ii. 621. Westminster, township report of, i. 302. Statistical table, shew- ing the commencement of improvement in this settlement, 306. Wheat, the staple of the province, i. 154, Should be sown early, ibid. ordinary season of sowing and reaping, i. 278, 282, 287, 292, 308, 310, 359, 366, 408, 410, 468, 474, 493, 499, 505, 519, 561, 621. — , quantity required to sow an acre, and the average crop, i. 278, 282, 287, 292, 315, 372, 390, 394, 413, 429, 468, 493, 499, 505, 561, 622. Whipper-Will, or Whip-poor-Will, i. 174. Whitbread, Mr. proposes to have the poor of England educated, but fails, Gen, Ini, cxxxiv. * White fish, i. 177. Wilberforce, Mr. ii. 101. Wild cat, or Canadian lynx, i. 162. turkeys, i. 172. geese, i. 172. ducks, i. 172. Wilkes, Jolm, sketch of his history, ii. 652, exxx. Willcocks, Mr. persecuted because of his political principles, ii. 315. Account of his case, 655—662, noie. Williamsburgh, beautifully situated, i. 125. Battle of, or (’hrys^ ler's Field, ibid. 46 INDEX. Willoughby, township report of, i. 412. Wilson, Sir R. Gen, Int. cclv. cclxi. cclxvi. cclxviii. cclxxi. cclxxii. Letters to him from Mr. Gourlay, cclxxxi. note. Wiltshire, method of regulating the wages of labour in this and the adjoining counties, Gen. Int. cvii. Great error of this system, cviii. Wily parish, in Wiltshire, method of regulating the w'ages of labour there, Gen. Int. cvii. Petition from thence to the Houses of Lords and Commons, cxxix. Second petition, cxxxviii. Difficulties with which it had to strufjijle before being presented to the House of Commons, cxlvi. cxlvii. Explanation of its object, cxlvii, Sunday sehool established there by the labourers, ccclxi. Windham, township report of, i. 314. Winds, the most prevalent^ of Upper Canada, i. 141. Wolf, a very common animal in the province, i. 160. An extra- ordinary mis-statement on this subject in Guthrie’s Geogra- phical Grammar, refuted, ibid. Wolford, township report of, i. 498. Additional Report, 501. Wolverene, or carcajou, i. 162. Wood, Colonel, Gen. Int. cclxvii. , Mr. Alderman, Gen. Int. cccxcvi. Woodchuck, or ground hog, i. 166, Woodhouse, township report of, i. 322. Wool, average quantity yielded by a sheep, and its price per pound, i. 278, 282, 287, 292, 382, 468, 499, 505, 561. Worsley, Lieut, captures two American schooners, by stratagem, i. 26. Y. Yarmouth, township report of, i. 342. Yellow ochre, i. 150. Yeo, Sir J, L. burns the village of Sodus, i. 102. Raises the blockade of Sacket’s harbour, after the defeat of an expedi- tion up Sandy Creek, 103. \onge Street, a military way, laid ont by General Simcoe, i. 93. Its great advantages in facilitating the communication INDEX. 47 with the north-west, ibid. Diffcronce of opinion as to its superiority over the route by the Straits of Niagara and I)e- troit, 94. Township report of, 512. \ork, the seat of the provincial government, i. 88. Its situation, ibid. Garrison and harbour, 89. Taken by the Americans’, ibid. The parliament house, &c. burnt by a party of Ame- rican sailors, 90. Again taken by Commodore Chauncey and Colonel Scott, 93. Description of the town, 133. Mi- serable state of the surrounding country, 459. Supposed po- pulation of the town, 463. Young, Mr. Arthur, his scheme for providing the poor with a portioirof land, Gen. Int. Ixxxiv. Publishes some undigested notes of Mr. Gourlay’s, without his consent, Ixxxviii. Firm- ly attached to his scheme of giving land to the poor, xc. His letter on that subject, from the Farmer’s Journal, xciii. iiote. His character, xcvii. J. G. BAKNAKD, 07. SkiniHtr Street, Len