CHRONICLES OF CANADA: BEING A RECORD OF ROBERT OOlJRLAY, Es4|. NOW ROBERT FLEMING GOURLAY, THE BANISHED BRITON.’’ "man is a REcoRomo animal.” vVo. I. CONCERNING THE CONVENTION AND GAGGING LAW, 1818 . MR. GOURLAY’S ARREST AND TRIAL, &C. &C. &C. PRINTED AND SOLD AT THE ^ "JOURNAL” OFFICE, ST. CATHARINES: SOLD, ALSO, BY CARTER & BENTLEY, KINGSTON. 1842. (HRONK’LEii OP CANADA. 1818 . I^riiiciplcs and Procccdiii;;!ii of the Ill- habitants of the I>istriet of ]Via;;|^ara, for addressin^if his Royal llig^hness the Prince Regent, respecting claims of Sufferers in War, l^aiids to mili¬ tiamen, and the general benefit of Upper Canada.— Printed at the ‘‘Niagar.! Spectator” Office—1818.—Price, one shilling, c’y. TO THE niLlBITANTS OF UPPER CANADA. St. Catharines, District of Niagara, 5/A Matj, 1818. i RIENDS AND FeLLOW SuBJEOTS ! WE lay before you the Principles and Proceedings of the People of this District, and, example being better than precept, ice have note only ear¬ nestly to entreat you to join in the cause. You will here find that we have been opposed, but opposition has strengthened us. It woidd sicell too much this little Publication to give a list of Subscribers; but they will be found, week after week, in the Niaga¬ ra Spectator, as room ivill admit .— They already amount to upwards of nine hundred, and are daily increas¬ ing. Many have waited for the Ad¬ dress, which IS only this day prepa¬ red, and icill be found below. ROH^T iuMILlWX l Representa- HM. ROBERTSO.X { lives for the CYRUS SU.MA'-ER, ^ District of JOmV CLJIRK, j Xitigara. A true copy, WM. J. KERR, Secretary. To the licsiticiit Land Owners of Upper faiiada. ATiagara, Ajrril ^nd, 1818. Gentlemen —Your Parliament is broken up_a second time broken up, from employment of the most vital import to the honour and well being of the province!!—Good God ! what is to be the end of all this? For my own part, gentlemen, I had little hope of satisfaction from the sitting of Parliament, after perusing the Administrator’s speech from the throne ; and this little was entirely extinguished with the disgusting reply made to that speech, by your representatives. That a man who had spent the best part of his life in Upper Canada—whose every interest and affection rested here, should even readii speech, not only containing mean sen¬ timents, but notifying a measure, provoking in the extreme to the feelings of a large body of his suf¬ fering countrymen, was indeed heart-sickening; yet this was not all : What could we expect_ what sensation could sw’ell in our breasts, when we found men, employed and paid by these very sufferers, to guide their affairs and watch over their interests, bowing down to kiss the rod of af¬ fliction, and in return for a most insulting offer, granting a receipt in full for demands, equally just and w'ell authenticated? Gracious Heaven ! Did w^e, the offspring of early civilization—the first hope of genuine liberty_the favoured wards of Divine revelation, come to this new world, only to witness the degradation of our kind, and be humbled beneath the rude savage w’ho ranges the desert woods? Surely, British blood, w’hen it has ebbed to its lowest mark, will learn to flow again, and yet sustain on its rising tide, that generous—that noble—that manly spirit which first called forth applause from the admiring world. It has been my fate to rest here nearly two months, viewing at a distance, the scene of folly and confusion—by turns serious and by turns jocu¬ lar, that the serious might not sink into the melan¬ choly. I have advised—I have in duty offered ser¬ vices, but in vain : on went the sport, till yester¬ day, when the cannon announced to us that the play was over ; and now we have the second speech of the Administrator, wffio has appropriately sunk down from the throne to the chair! Gentlemen, the constitution of this province is in danger, and all the blessings of social compact are running to waste. For three years the laws have been thwarted, and set aside by Executive power: for three sessions have your Legislators sat in Assembly, and given sanction to the mon¬ strous—the hideous abuse. A worthy catastro¬ phe has closed this farce of Government; your Commons and your Peers have quarrelled, and the latter would assert, that the constitutional charter of Canada may be trifled with. What is to be done ? Do you expect any thing from a new Go- vernour ?—you will be disappointed. Do you ex¬ pect any thing from a new set of representatives ? —here again you will be deceived. Your mem¬ bers of Assembly are now at home : compare their characters with those around them, and you will CHRONICLES OF CANADA. find them equally honest—equally wise—equally independent. Now, that they are returned to so¬ ciety, as private individuals, I should be the very last man to call in question their worth or their probity: they are probably every way above par. It is not the men, it is the system, which blasts eve¬ ry hope of g^ood; and, till the system is overturned, it is vain to expect any thing- of value from change of representatives, or Governours. It has been the cant of time immemorial, to make mystery of the art of Government. The folly of the million, and the cunning of the few in power, have equally strengthened the reigning belief; but it is false, deceitful and ruinous. The people of every nation may, at any time, put down either domestick tyranny, or abuse—they may, at any time, lay a simple foundation for publick prosperi¬ ty ; they have only to be honest, and, in their ho¬ nesty, bold. In my last address to you, I said that the British constitution was ‘‘that beautiful contrivance by which the people, when perfectly virtuous, shall become all powerful.” Did you mark these words ? —did you weigh them?—they are as important as they are true. We, of all men, have least to op¬ pose us in correcting the errours of our constitu tion. The British constitution has provided for its own improvement, in peace and quietness; it has given us the right of petitioning the Prince or Parliament; and this exercised in aproper manner, is competent to satisfy every virtuous desire. My present purpose is not to dwell on theory ; but to recommend and set example in the practice of using this glorious privilege. As individuals, we have a right to petition the Prince or Parlia¬ ment of Britain; and we have a right to meet for this purpose, in collective bodies. My proposal now is, that a meeting be forthwith held, in each organized township throughout the province. I shall take upon me to name the day for the meet¬ ing of the people of this township of Niagara, and say, that on Monday next, the 13th inst., I shall be ready by 12 o’clock, noon, at Mr. James Rogers’ Coffee-House, to proceed to business, with who¬ ever is inclined to join me. The people of each township should, I conceive, at meeting, choose a representative and clerk. The representatives should assemble from the several townships, with¬ in each district, on an appointed day, to draw up a petition to the Prince Regent; and which could, soon afier, be got signed by every well wisher to the cause. The district meetings should, without delay, hold conference by representatives, each respec¬ tively choosing one, to meet in a provincial con¬ vention, and who should arrange the whole busi¬ ness-dispatch Commissioners to England, with the petitions, and hold correspondence with them. as well as with the Supreme Government. Two or three Commissioners would suffice; and the necessary cost of carrying the whole ably and re¬ spectably into effect, would require but a triflintr contribution from each petitioner. It is not going out of bounds to reckon on ten thousand petition¬ ers ; and a dollar from each, would make up a sum adequate for every charge. I should recommend the subscriptions and payments to commence at the first township meetings—the money to be paid to the clerks, who should keep in hand one-seventh, for local and incidental disbursements, and pay over the remainder to a Treasurer, to be appointed in each district, by the representatives, at their first meeting. Beyond making choice of represen¬ tatives and clerks, the less that is done at town¬ ship meetings the better: debate, of all things, should be avoided. The clerks should minute transactions, and keep a list of subscribers, which should immediately be published in the nearest newspaper within the province, and week after week, in the same manner should be reported, ad¬ ditions. The publick would thus, at once, see the strength and growth of the cause, as well as have vouchers for the payment of cash. Every transaction should be plain, downright, and open to view or inspection—every principle should be declared—every proceeding be made known. The simplicity of all this and the case with which it may be accomplished, is obvious : to go into more minute detail, at present, would be wasting time. No man, by joining the cause, can lose more than a dollar; and no responsibility what¬ ever is incurred. As I take upon me to name the day of meeting for this township of Niagara, so that meeting may appoint days for the meetings of other townships, and for the district meeting; see¬ ing that it can be matter of no consequence who set¬ tles such points, provided the business thereby, has a fair chance of commencement, and that the whole system of petitioning may proceed without doubt or delay. No man, upon such solemn occasion, should say, “ I am greater than another, and will not be seen acting with him no one should say, ‘I am less, and therefore presume not to set my¬ self forward.” On such an occasion, and under such circumstances as the present, every party, and every personal prejudice, should be put down; every eye should be resolutely bent on the one thing needful—a radical change of system in the government of Upper Canada. I address myself particularly to Landowners, be¬ cause their interests are most deeply involved; but every man resident in Canada—every man who is a lover of peace—who desires to see this coun¬ try independent of the United States—who de¬ sires to see a worthy connexion maintained be¬ tween this province and Britain—every man, in CHRONICLES OP CANADA. short, who has a spark of sincerity or patriotism in his soul, has now sufficient cause to bestir him¬ self. There was a time when Israel was famished with intense drought. Day after day, and week after week, the uncovered sun rose, only to fright¬ en the nation, and open more wide the yawning fissures of the scorched earth :—there was yet, however, faith in Israel; and the faith of a few,' brought, at last, salvation to the expiring multi¬ tude. Let not the ancient record be lost to these modern days ; let not the signs and figures of the material world be thrown aside, as vain emblems, illustrations, and manifestations of the will, the power and the goodness of God. He never deserts his creatures while they are true to themselves, and faithful to him, w'hile they honourably put to use the Divine gifts of rationality. The course to be pursued, by the people of this province, at the present juncture, is so clear, that he who runs may read : they have only to put trust in the suc¬ cess of their own virtuous endeavours ; and suc¬ cess will as surely follow as day succeeds to night. Yes, worthy inhabitants of this township of Nia¬ gara, you may begin the necessary work with con¬ fidence. The little cloud which rose from the ho¬ rizon, at first no bigger than a man’s hand, gradu- ually expanded—mantled over the relentless face of a burning sky, and at last showered dowm re¬ freshment on a thirsty land. The good which may result not only to this province, but to the general cause of truth, should these proposals be cheerfully and alertly adopted, surpasses all calculation. It would be needless for me now to descant on the subject. If there is really no publick spirit in the country, I have al¬ ready thrown away too much of my time ; if there IS, let it now be shown; for never was occasion more urgent. If the people of Canada do not now rouse themselves, they may indeed have plenty whereon to exist; but to that -righteousness which exalteth a nation,” they will have no claim. The farmer may plod over his fields—the mer¬ chant may sit drowsy and dull,’ in his store ; but the life, the vigour, the felicities of a prosperous and happy people, will not be seen in the land ; the su¬ periority of publick management in the United States, will bother all hope of competition : Ame¬ rica will flourish, while Canada sinks into compa¬ rative decay ; and another war will not only bring with it waste and destruction, but ignominious de*^ feat. In the scheme proposed, I will accept of no ap¬ pointment ; but persons acting in it shall have my utmost assistance, and I shall make clear to them every course to be pursued. As soon as matters come to a head, all information collected by me, shall be at the disposal of the Commissioners ; and even better consequences may be expected from this popular movement, than any that could have followed from the Parliamentary inquiry, had’that been allowed to proceed. It will shew, that though the'rights of Parliament may be trifled with, those of the people of Upper Canada are not so easily to be set at defiance. The Assembly of the lower province, is to peti¬ tion the British Parliament, as to their trade : your representatives are to petition the Regent, as to their privileges : when I found my petition set aside and despised, at York, I dispatched one immediately, to be presented to the House of Com¬ mons, in England, to call attention there, to Cana¬ dian affairs. All this will go for little, if some- thing else is not done. You have read in the newspapers, of my scheme having been discounte¬ nanced by Ministers at home: you have read of speculations upon making the best bargain with the United States, for these provinces. I know whence all this proceeds : I know what would open the eyes of the people and government at home, to the true value of the Canadas, and put an end to such unnatural—such disgusting sur¬ mises ; and all this I shall be happy to explain, as soon as explanation can be useful. One thing I am very sure, of, that if the people of Canada will only do their duty, as honest men, and as brothers, in unity, not only every just claim may be paid by next Christmas, but a foundation may be laid for this province becoming speedily the most flourish¬ ing and secure spot on the habitable globe. ROBERT GOURLAY. TOWNSHIP MEETING. Nwgara, April 13, 1818-Which day a numerous meeting of the inhabitants of the township of Niagara, DAVID SECOrm r UAVID SECOllD, Esq. M. P. being called to the ?, of Gourlay, to the Resident Land Owners of Upper Canada, dated April 2d 1818 was read over, and its whole tenour and sentiments unanimously approved of. In conformity to the re- commendations therein contained, the meeting procee- ^d to elect a representative and clerk, when Roicit HamiUon, of Queenston, Esquire, was appointed lo fill the former situation, and Mm Ross, of Niagara, Es- ^ure the latter. A committee, also, was a^ppointd “ir ‘meeting, viz •—Timothy a Of‘•'■o Pro«0"‘ month, was named as fn iK fof t'm meetings of other townships with- m the district of Niagara, and Monday 27th, for the meeting of the representatives from the various town- l>? held at Shipman’s tavern, St. Catharines ; the committee duly to advertise the same, and take * J ^ *®'" “ppear requisite, for fur- tiienng the good cause. PL*^**® meeting were then unanimously voted to David Secord. Esq. for his publick spirit iu coming forvyard, on this occasion, and liberally fulfil¬ ling the duties of the chair. DAVID SECORD, Chairman. A true copy, John Ro.ss, Clerk. 4 CHROx\ICLES OF CANADA. TO THE PUBTACK, It having been stated to me, by some of my friends, that the publick mind was impressed with the idea of my having participated in, and sanction¬ ed, the recent improper and unwarrantable publi¬ cations of Mr. Robert Gourlay, I conceive it a du¬ ty which I owe to the Government, to the province, and to myself, to declare, that, beyond publishing u statistical report of this province, he had neither my approbation nor my countenance. In making this declaration, I trust that the tcn- our of my life justifies my asserting, that factious discontent never originated in my breast. Having said this much, in vindication of my own senti¬ ments, I shall, in order to prevent errour in, and rescue from distress the heedless proselytes of Mr. Gourlay’s “ one thing needful—viz : a radical change of system in the government of Upper Ca¬ nada,” transcribe for their information, an extract from the common law of the British empire, which bears on the point of unlawful meetings or conven¬ tions, viz: ** The constitution of Great Britain having pla¬ ced the representation of the nation, and the ex¬ pression of the national will, in the Parliament, no other meeting or convention, even of every indi¬ vidual in the kingdom, would be a competent or¬ gan to express that will; and meetings of such a nature, tending merely to sedition, and to delude the people into an imaginary assertion of rights, which they had before delegated to their represen¬ tatives in Parliament, could only tend to introduce anarchy and confusion, and to overturn every set¬ tled principle of government.” An act of Parliament was passed in Ireland, in the year 1793, to prevent any such meetings or con¬ ventions ; and a few ignorant individuals, who, in the same year, had dared to assemble under that title, in Scotland, were quickly dispersed, and their leaders convicted of seditious practices ; for which they were sentenced to transportation. I shall conclude with recommending to all, to weigh well how they attend to visionary enthusi¬ asts. THOMAS CLARK. JViagaj'a, April 18, 1818. PUBLICK JVOTICE. In consequence of a handbill having this day ap¬ peared, signed by-the Honourable Thomas Clark, of the Legislative Council, in which an attempt is made to stigmatize the principles adopted by the Niagara meeting, the committee, appointed by that meeting, recommend the people of other town¬ ships, (where any doubt may exist, inconsequence of Mr. Clark’s handbill,) to postpone the election of their representatives, until a future day of meet¬ ing is advertised. Great as the necessity is, for an instant appeal being made to the Supreme Government, regard¬ ing the state of Upper Canada, the committee would by no means press any measure until its le¬ gality is proved, and its propriety fairly established, in the publick mind. They pledge themselves to shew, in a few days, that they are not only right in what they have done, but that the Hon. Thom¬ as Clark is grossly mistaken. (Signed for the Committee,) ROBERT HAMILTON. Niagara, April 18, 1818. Till there is time for further proof, the following will testify the strange inconsistency of Mr. Clark. To Clerk of Township MceUng^ April, 1818, Niagara. Qucenston, i2th April, 1818. Sir —You will herewith receive two dollars—one of which is the subscription of tlie Hon. Tliomas Clark, for the purpose of defraying the expenses of carrying a petition to the Prince Regent, relative to the situation of this province ; the other dollar for the same pur¬ pose, from your most obedient humble serv^. (Signed) W. G. HEPBURNE. We certify, that we saw Mr. Clark give the dollar above mentioned, to Mr. Hepburne, for the purpose above also specified. (Signed) THOS. DICKSON, .lAMES KERBY. Grantham, April 20, 1818. This day, a numerous meeting of the inhabitants of the township of Grantham, having been held at the house of Paul Shipman, and Geo. Adams, Esq. being called to the chair, spoke in substance as follow^ :— ‘‘Gentlemen —I am happy to see so many of you assemble here this day, on the present occasion. You have heard the address of Mr. Robert Gourlay read : you have likewise heard the address of the Hon. Tho¬ mas Clark ; and as it lias been your unanimous vote, that I should be called to the chair, I beg to make a few remarks on the business before us. I assure you, gen¬ tlemen, if there was the least appearance in any one sentence of Mr. Gourlay’s address tending to sedition, I would be the last person to come forward to support it. You observe, gentlemen, that in the address of the Hon. Thomas Clark, to the publick, he endeavours to imj#ess on your minds, that our meeting together tends to sedition ; but allow me to say, it is an errone¬ ous opinion. I have been acquainted with you twenty-four years, and so has that hon. gentleman, particularly in the late war with the United States of America, when you all went forward and exposed your lives and property in defence of your King and country. Gentlemen, your loyalty is not, and cannot be shaken by the address of Mr. Gourlay, or any other individual—neitlier ought you to be intimidated by the address of the Hon. Tho¬ mas Clark, wherein he states, it was necessary for the Parliament to suppress seditious meetings. But the hon. gentleman should recollect, that the meetings alluded to were entirely of a different nature from ours — at a time when the greatest part of Ireland was in a state of open rebellion, and when preparations for the same were going on in Scotland. Tliis, gentlemen, is not the case here, and God forbid it ever should be ; for-I am certain there is not now, a more loyal people in the British dominions, than you in tlie township of Grant¬ ham. It would be doing Col. Clark the greatest in¬ justice, were you not to hold him in the highest esteem and hand his name down to posterity, for his active and zealous conduct, in frequently exposing his life and fortune in defence of the province. But, gentlemen, you have all done the same, and I do not think he has any more reason to doubt your loyalty, than you have his. I conceive, gentlemen, our object for meeting here to-day, is to endeavour, peaceably and quietly to petition the Prince and Parliament of our mother coun¬ try, and let them know the state of the province. You have suffered privations, and have lost property, during the late war, which we have a just claim to ask for.” The meeting then proceeded to electa representative and clerk—when WILLIAM HAMILTON MER¬ RITT, Esq. was appointed to fill the former station, and George A. Ball, the latter. A committee was also appointed, to forward the views of this meeting, viz: — IVUliam Chisholm, Charles Jngei'sol, Robert Campbell, Amos McKmnij and James Dedrick. The thanks of the meeting were then voted to Mr. Robert Gourl^, for the disinterested manner in which he has come forward in endeavouring to promote the prosperity of this province. CHRONICLES OP CANADA. rhe tlmnks of the meeting were also voted to Geo. Adams, Esq. for his spirited address on this occasion, and his able and impartial conduct in the chair. Geo. a. Ball, Ckrk, GEO. ADAMS, Chairman. Stamfordj April 20/A, 1818. At a numerous meeting of the inhabitants and land¬ holders of the township of Stamford, held at the house of A. Rorback, John Hardv, Esquire, being called to the chair, it was unanimously agreed, that we petitioir the Prince Regent, for the losses we sustained in the late war, and such other grievances as we labour under. The meeting proceeded to elect a representative and clerk, when JOHN J. LEFFERTY was appointed to fill Uie former situation, and IIi;gh M’Cmeve, the latter. A committee also was appointed, to forward the views r n • . r the meeting, \iz :—Frederkk Smith, John Howison, Roasts were given, by the Chairman. Thompson and Abraham Bowman, a meeting were then unanimously voted to John Hardy, Esq. for his publick spirit, in co- ming forward on this occasion, and fulfilling the duties of the chair. , JOHN HARDY, C/ioirman. A true copy. Hugh M'Clieve, Clerk. ^Vhen the meeting had finished business, and were about dispersing, Mr. Gourlay, who had been visiting sorne townships, to advise delay till the aspersions cast on his conduct, and the right of the subject to petition, were proved to be unfounded, accidentally arrived ; whereupon a dinner was ordered, and, Mr. G. being invited to partake, a large party sat down and spent the evening m the most convivial manner. ‘''® province of Upper Canada.” By William Merritt., Esq.—May every township contribute its aid to the prosperity of the province.” By Mr. G. Ball—May the navigable waters of the province be speedily improved.” By J. Clark, Esq.—May the adherents ofMr. Gour I 1 -—^ irir. viour- iay be ever encouraged in their virtuous proceedings.” By Geo. Adams, Esq.—‘‘The Administrator.” By Mr. Gourlay—“ May the representative of his Majesty, in Upper Canada, ascend from the chair to the throne. Some of the company desiring an explanation of this toast, Mr. G. rose and replied—That, as unworthy views had been attributed to liim, and as such Meet¬ ings as they had this day held—meetings for the pure purpose of petitioning the Sovereign—^had been stig¬ matised as illegal and seditions, he gave this toast as the most loyal which he could possibly think of, for the occasion. The Administrator having in his speech to Farhament, expressed himself as addressing that bo- dy ‘ from the chair,'* had virtually deprived the pro- vince of the Royal presence, and let down the dignity which It was his duty to maintain. This was a rnat- ter of more consequence than might at first be suppo¬ sed. On the part of the Ministers at home, there was a glaring indifference to the concerns of these provin¬ ces ; and when publick prints ventured to hint at the bartering them away to the United States, for their value in cash, it was high time for the people here to support their own dignity, by marking every step to¬ wards their degradation. True loyalty did not consist in mere passive submission : it consisted in watching over every part of the constitution, at once, with ieal- ousy and aftection. By G. A. Ball.—“May our representatives undergo a reformation.” ® By the Rev. Mr. Williams—“ May morality and reli¬ gion increase, throughout the province, particularly in t ie township of Grantham”—(by a wag, in addition,) where there is so much room.” By George Adams, Esq.—“ M.ay the united fner mies of the United Kingdom of Great Britain and he- dependancies, be drowned in this draught.”—(Cheers.) Louth, April 20caceable exercise of petitioning, even in Britain ; but here, at any rate, it can have no more force than the laws of .Tapan or China. This law was made in 1793 ; but before that date, the inhabitants of Upper Canada had received a power of legislating for themselves. Our first step might have been, to peti¬ tion the Provincial Parliament, as to the public grie¬ vances ; but the different branches of Parliament, and our members of Assembly, have neglected us. Our only resource now is, to petition the Throne ; and for iny part I would rather be adopted into a tribe of In¬ dians, than give up this privilege. I am not for bear¬ ing the kicks and culls of servants of Government: I am not to be alleviated under such grievances, by re¬ turning thanks for the same. It is well known, that, notwithstanding the reputed purity and vigilance of the ancient government of Rome, the people of its dis¬ tant colonies were most shamefully imposed upon, by those delegated to rule over them. I have a high opi¬ nion of the Administrator and Chief Justice, and do not think that any blame rests with them, or other members of the Executive Council ; but, certainly, ‘ there is something rotten in the state of Denmark’ and I rather think that evils originate at homo. Be¬ fore the war, any man who came from any part of the globe, received, upon petitioning, and taking the oath of allegiartce, 200 acres of land : the fees were thirty, seven and a half dollars, and the location could be made on any land not before taken up. Now his Majesty's own subjects, who have borne all the hardships of war, tor the support of the Crown, can only draw 100 acres, and perhaps that is located in some remote corner, such as the township of Brock, where it is no better tnan a location in the moon ; it being impossible to get there but in tlie frozen season of the yeifr. The 11 Honourable Thomas Clark, I consider to be a loyal subject, and faithful friend to the British Government ; but us to the right of petitioning, he is grossly mista¬ ken.” Wainflcct, May 2, 1818. This day, a meeting of the inhabitants of this town¬ ship, was held at the house of David Thompson, for the purpose of taking into consideration the propriety of petitioning the Supreme Government for a redress of grievances : when Mr. Gourlay’s address to the Re¬ sident Land Owners of Upper Canada, dated the 2nd ult. was read over, and its whole tenor and sentiments unanimously approved of. The meeting then proceed- TMOMP^nwclerk-when DAVID iflOAIPbON, Lsq. was chosen to fill the former situ¬ ation, and James Thompson, the latter. A committee also was appointed, to forward the vieWs of the meet- ing, VIZ Messrs. Ilcnrij Groff, Nat/,an Kelky, Stephen N. tarr and Hiram Humphrey. *' ^ V’® "I®®*,*-® ‘'’®" unanimously voted to Mr. Gourlay, (or his disinterestedness, and for coming forward and ably assisting to promote the good cause. DAVID THOMPSON, Chairman. A true copy. James Thompson, Clerk. Mr. Thompson, the Chairman of this meeting, after returning thanks for the honour done to him, spoke with much animation on the right of the subject to pe¬ tition the Prince Regent, and deprecated the conipari- son of the present meetings in Upper Canada, with those rebellious assemblages wdiich had, in Ireland proceeded to unw’arrantable lengths. Those who call the present meetings seditious, would do well, he said, to call to mind how the people of Canada rallied round the Koyal standard, in the late war—not only when it waved victorious, but even in the most critical times. W as it not a fact, that those who now' accused us of sedition, left us and flew to other countries for refuge, till the storm was over ? None of you, gentlemen, acted thus : but you see the return that is made. You all know that Councillors and Commanders promised you land, for your extraordinary services as good sol- diers—and ^ou all expected your private losses to be made up. Three years have now elapsed since the din of arms ceased; but wdiere are your rewards—w’hat has become of your claims ? Should we attribute such neglect to our Parliament, or can we suppose that the Supreme Government liath forbidden the fulfilment of justice. In my opinion, the fault lies with our own representatives, and it is now’ high time for us to peti¬ tion the Prince Regent, for inquiry into the causes ot evil, and for our just demands. St. Catharines, Ath May, 1840. This day, representatives (and clerks,) chosen by the inhabitants of the several^ townships of Niagara district, for the purpose of petitioning the Prince Re¬ gent, on the general state of publick affairs now ex¬ isting in the province of Upper Canada, met here— Robert Hamilton, Esq. representing the tow nship of -.xr XX Niagara. Wm. H. Merritt, Esq. J. P. do. Grantham. John Clark, Esq. J. P. do. Louth. Dr.TIyrus Sumner, do. Clinton. Capt. Henry Hixon, do. Grimsby. Major W'm^ Robertson, do. Caistor & Canboro’ Mr. John Kennedy, do. Gainsboro’ Mr. John Henderson, do. Pelham. George Keefer, Esq. J. P. do. Thorold. Dr. John J. LefiTerty, do. Stamford. James Cummings, Esq. J. P. do. W-rlloughby. John Baxter, Esq. do. Bertie. Mr. Joseph Current, do. Crowland. IVIr. Benjamin Horton, do. Humberstone, and ., m, Lake side of W^ainfleet. David Thompson, Esq. do. Wainfleet. John Clark, Esq. being unanimously called to the chair,^ the business of the day commenced, by Mr. Clark’s reading over Mr. Gourlay’s address to the Re¬ sident Land Owners of Upper Canada, dated 2nd April, 12 CHRONICLES OF CANADA. 1818. The recommendations and principles contained in the address, were declared to be those now general¬ ly approved of, and as constituting the basis of the pre¬ sent proceedings. It was then moved and carried, that Mr. Gourlay should be called to the sitting, and in¬ vited to assist in tlie business of the day. George Adams, Esq., J. P. was elected to be Treasu¬ rer for this district, and, being sent for, accepted the office. William J. Kerr, Esq. was elected ^retary ; and these gentlemen were desired to retire with Toien- ship Clerks, to arrange accounts, and commence a regu¬ lar journal of transactions. It was then moved, that a draft of a petition, previ¬ ously prepared, should be read—which being done, its general principles were approved of, and it was agreed further, that consideration, as to its style, &c. be re¬ ferred to a committee of four. Moved, and unanimously carried, That as soon as the committee are sufficiently satisfied with the wording of the Petition, they . order it to be printed, with a view toils lying before the publickone month, and affording opportunity for animadversion or amendment, that fi¬ nally it may be so drawn out as to give the greatest possible degree of satisfaction to the people of this dis¬ trict. Moved, and unanimously carried. That the same com¬ mittee do immediately publish, throughout the pro¬ vince, the whole proceedings of the people of this dis¬ trict of Niagara, up to this timeand take all necessa¬ ry steps towards promoting the objects in view. Moved, and unanimously carried. That the gentlemen of the committee advertise, Saturday, 6th June, at 2 o'clock afternoon, as a proper time for the people of other districts to hold township meetings throughout the province, at all phices wliere township meetings are usually held : That Saturday the 13th of the same month, be advertised for the meetings of township re¬ presentatives, at the head town of their respective dis¬ tricts—there to choose district representatives, to as¬ semble in the Provincial Convention. Moved, and unanimously carried. That Monday, 6th July next, be advertised as the day of meeting at York, of the Provincial Convention—there to appoint a Com¬ mission to proceed to England, with the petitions to the Prince Regent, and hold conference, generally, on all matters then requiring attention. Moved, and unanimously cairicd, That it is proper for each district to send to the Provincial Convention, re¬ presentatives in like number and proportion as they send members to Parliament. Moved, and unanimously carried. That it be recom¬ mended, that the district representatives for the West¬ ern, London, Gore and Niagara districts, do meet to¬ gether, at Ancaster, on Friday, 3d July—there to tarry one or two days to consult and order, with regard to any thing in these districts that may then bo discovered to be neglected. Also, that the district representatives for Ottawa, the Eastern, Johnstown and Midland dis¬ tricts, do meet for the like purpose, on Wednesday the first of July, at Earnest-town. The meeting proceeded to choose representatives for Niagara district—when Robert Hamilton, Esq. Doet. Cyrus Sumner, John Clark, Esq. J. P. and Maj. Wm. Robertson, were duly elected. It was then moved arid carried, that these gentlemen constitute the com¬ mittee above mentioned? One of the representatives requesting to be allowed to read a paper to the meeting, the request was granted. The paper regarded certain partial proceedings in Courts of Justice, and attributed the same to the pre¬ sent corrupt state of publick aftairs. The gentleman wished the meeting to take the same into considera¬ tion ; but the proposal was lost—this being declared not a meeting of deliberation, as to private or particu¬ lar grievances—but for the pure purpose of petitioning the Prince Regent generally, as to the state of the pro¬ vince. It was admitted that this, or other papers re¬ specting publick grievances, might be given to district representatives, .sealed up, and directed to be put into the hands of the Commissioners, that they may make what use they pleased of the same, for the general good of the province. Moved, and unanimously agreed. That the thanks of the meeting be given to John Clark, Esq. for his im¬ partial conduct in the chair. The meeting then adjourned till Monday, 8th June, at St. Catharines, when the Petition wdll be finally adopted, and measures taken for its signature, in the several townships of this district. Wm. j. Kerr, S'cc’y. JOHN CLARK, Chairman, Draft of an Addres, proposed for presentation to the Prince Re¬ gent—submitted to the consider¬ ation of the people of Upper Ca¬ nada, for animadversion and a- mendment. To His Royal Highness, George, Prince of Walks, Regent of the United Kingdom of Great Britain and Ireland, &ic. &.c. &f Mr. Gourlay be adop¬ ted, in preference to those of Mr. Washburn—the ma¬ terial ditference being only tlat of presenting the Peti¬ tion to the Prince Regent, ihiough Sir Peregrine Mait¬ land, instead of the present Ibuseof Assembly, which would, by adopting Mr. WAsiburn’s measures, cause much delay, and deviate fron those principles which we have, and do now profess—that of petitioning the Prince, direct, from the subjeit. f ROBERT HAMILTON, j THOMAS COLEMAN, [Signed] ^ ^ drake, UCHN CLARK. Mr. Washburn’s and Mr. Courlay’s Resolutions be¬ ing read over, the latter wen generally approved of; but a proposal being made, tlat they should be read a second time, and passed seierally, this course was adopted. Mr. Robert Kcrr^voted aganst all the Resolutions ; Mr. VV’ashburn voted against dl but the 8tli: the rest of the Convention agreed to ilie Resolutions. Mr. Washburn moved —That the resolutions drawn up and submitted by him, be ecorded by the Secreta¬ ry, on the Journals, imrnediaely after those adopted by the majority of the Conveition. S WASHBURN, L^gnedj ^ Seconded by R. KERR. Uednesday, 8th Jidij, 1818. Carried. Dr. Sumner moves —That VMlliam Kerr and George Hamilton, Esquires, be admitted to the sitting of this Convention, and have the pri\ilege of expressing their opinions on all subjects brougU before us—but not to vote. Seconded by Mr. Haw by, and carried. Moved, by Mr. W in. Kerr—Fhat Mr. Reuben Pres¬ ton, representative for the lowisbip of Vaughan, Home district, be admitted to the siting of this Convention, and have the privilege of expressing his opinion on all subjects ; but not to vote. Sjconded by Mr. Wash¬ burn, and carried. Mr. Washburn moved —Tlial the Reports and Reso¬ lutions of the select Committee, chosen yesterday, be recorded by the Secretary; bit not jidopled by this Cojivention. JjOSt . [Signed] | D. VASHBURN^ Seconded by R. J. KERR. C 18 CHRONICLES OF CANADA. A letter from Mr. Stuart, of Colchester, being read to the Convention, by Mr. Drake, Mr. Gourlay mo¬ ved, seconded by Mr. Drake, that the thanks of this Convention be tendered to Mr. Stuart, of Colchester, for his friendly and able communication—the same to be conveyed by a letter from the Secretary of this Convention. Carried. Moved —That a Committee be appointed to draw up an Address to Sir Peregrine Maitland, according to the resolutions approved of this day, and that Mr. Peter¬ son, Mr. Drake, Mr. Martin, Mr. Gourlay and Mr. Coleman, do constitute the above Committee. Carried. ; ROBERT HAMILTON, I Seconded by JOHN CLARK. [Signed] Movedj by Mr. Gourlay, seconded and canned —That the representatives here present, from the Newcastle, Midland and Johnstown districts, do constitute a Committee, for the purpose specified in a Resolution of this day, carried, viz: to choose a Secretary and Treasurer for the lower branch Convention—also, to fix a day for the first meeting of the said branch Con¬ vention—such appointments to be reported to-morrow, lo this Convention. Moved and caniedy the same, for the upper branch Convention. Moved —That this Convention do adjourn till eleven o’clock to-morrow morning. TQ. 5 ROBERT HAMILTON, [bignedj < p^uL PETERSON. Wednesdayy July 8thy 1818. Agi'eed. Yorky Thursdayy 9th Juhjy 1818. The Convention being constituted, by Mr. Beas¬ ley taking the Chair, the following Report was read. Yoky 90i Juhjy 1818 . The Committee, appointed yesterday, to draw out an Address to his Royal Highness the Prince Regent, and to his Excellency Sir Peregrine Maitland, now submit, that the Address, with some alterations, which appeared in the pamphlet of the Niagara district, may do for the first; and they herewith offer a draft of an Address to Sir Peregrine Maitland, for consideration. ( THOMAS COLEMAN, PAUL PETERSON, ROBERT GOURLAY, R. DRAKE, C. MARTIN. To Sir Peregrine Maitlandy K. C. B.y Lieutenant Governor of Upper Canaday ^•c. ^c. May it please your Excellency : In my own name, and that of thousands of the inhabitants of this province, which you are desti¬ ned to govern, I beg leave to address your Excel¬ lency, dutifully and affectionately—We would say, that the people of this province only want your confidence, the more to deserve it. Surely a people who, for three years, withstood every assault of an insidious, a daring and re¬ vengeful enemy, merely for the maintenance of British sovereignty, need not dwell on expressions of loyalty, or be anxious about tests of respect for him who is sent to represent the Royal presence among them. On these subjects, there can be but one undivided sentiment; and on the present oc¬ casion, that sentiment must be proudly elate with the additional consideration, that he who now comes ta occupy the highest dignity amongst us, was tutored under the immortal Wellington, and has, for his friend and adviser, a man no less dear to the lovers of rational liberty. Yes, Sir, we will he frank in confessing, that your near connex¬ ion with the Duke of Richmond, and the arrival of that great man in these provinces, as Governor- in-Chief, generates in our breasts sensations which no other fortune could have inspired. Upper Canada had, during the last twenty years, many Governors; but these twenty years only gave experience of disappointment, in the admi¬ nistration of civil affairs : these twenty years had almost extinguished in our breasts every hope of good, from the change of Governors ; but we now feel the influence of a latent spark—we are now sanguine in looking forward to more cheering times, and to the possession of every advantage which the British constitution has, so liberally, to bestow. The same hands, from which you receive this Address, will present you with a printed detail of '^Principles and Proceedings,” which, for some months past, have been agitating the public mind, in this province. It will require but a glance to be assured, that serious causes must exist for such agitation; and you will find, that the most anx¬ ious desire of the great majority of those whom you have been sent to govern, is, that inquiry may be made into the state of this province, by which every real cause for agitation may cease. Your Excellency will find, from the Journals of the Provincial Parliament, that the subject of in¬ quiry has been repeatedly brought forward in the Commons House of Assembly ; and you will find, on the same record, but too good reasons for de¬ spair of full success in that quarter. The Provin¬ cial Parliament is not, indeed, competent, with its best endeavors, to inquire into every matter which retards the improvement of Upper Canada, nor has it authority to correct every evil. Those who now address your Excellency, being aware of this, and worn out with disappointment, had resolved to send home a commission, praying his Royal High¬ ness the Prince Regent, to cause inquiry immedi¬ ately to be made, that the Imperial Parliament might proceed to interfere, upon information so¬ lemnly obtained. Circumstances induce them now to delay this measure, and to entreat your Excellency to summon, with all convenient speed, the Provincial Parliament, that this grand measure, big with the fate of Canada, may yet originate and proceed from the most desirable source—from the regularly constituted representation of the people. In little more than two months, the weighty la¬ bors of harvest will be over; and should Parlia¬ ment be in session before the end of September, every necessary step could be taken there, to pre¬ pare the way for inquiry in the Imperial Parlia¬ ment, at an early stage of its next session. This CHRONICLES OF CANADA. 19 is what we anxiously desire; but if your Excel¬ lency shall see fit, the better to accomplish the desired object, to dissolve the present Commons House of Assembly, and issue writs for assembling a new set of representatives, we would more par¬ ticularly rejoice, and be greatly more confident of success. We must, with shame, acknowledge to your Excellency, that the inhabitants of Upper Canada have, hitherto, paid too little regard to the charac¬ ter of those whom they have chosen to represent them in Parliament; and most unworthy persons have sat in Assembly. Not only has this been the case, but, from an indifference to the course of public affairs—from a heedlessness of the people, at large, to Parliamentary proceedings, the most slovenly habits have been confirmed, and the most indecent irregularities witnessed. We shall not tire your Excellency with a recital, but of a few instances in point; nor shall we go back to quote the most shocking facts; we shall only refer to a few transactions of the present Parliament. It has sat two sessions. At the opening of the first session, when matter of vital import lay for consi¬ deration-even just grounds for impeachment of the then Governor—day after day was occupied with a squabble about the conduct of an individual out of doors—a subject altogether below the no¬ tice of a grave Assembly. Bye and bye, the an¬ nual supply was voted, and put at the disposal of the Governor, who, by arbitrary acts, had thwarted the laws of the land ; and then, at an extraordin¬ ary late season. Resolutions were brought for¬ ward, in the teeth of the Governor’s known senti¬ ments, and seemingly only to provoke his displea¬ sure. The Resolutions were excellent; but they were wofully mistimed. The Governor provoked, forgot himself—forgot that solemnity which, at home, is ever particularly regarded : he went up to Parliament, without the appearance of state— without the ceremony of notice, or due consulta¬ tion, and hastily put a period to the session. The Parliament was again summoned in Febru¬ ary last. It was expected that some degree of spirit would have been manifested, in shew of dis¬ pleasure for insulted dignity—it was expected that the consideration of Resolutions, of high impor¬ tance to the public weal, would be instantly resu¬ med. The conduct of this session, however, fell even lower than before. An offer of recompence for.sufferers in war, unhappily introduced into the speech from the Throne, and only tending to in¬ sult the feelings of a large body of people, was replied to, in most disgusting terms of acquies¬ cence, by the representatives of these very people; while the able Resolutions, brought forward at the close of the preceding session, were left neglected, as if in acknowledgment, that the Assembly had been deservedly chastised for their production, A series of trifling measures filled up the main portion of the session ; the Legislative Council, ng doubt encouraged by the low and dastardly conduct of members of Assembly, assumed rights, which had long been denied, even to British Peers; the an¬ nual supply was not even passed; and, finally, members stole off home, so as not to leave a House to hear the speech of dismissal, which the Adminis¬ trator delivered, as if in contempt, from the chair. The people at large have at last been roused to a just sense of all this trifling and indecency. They see their property reduced a full half, from the mal-administration of good laws: they see prosperity completely checked ; they witness dis¬ content and poverty, under the most genial clime, and rooted in the most fertile soil i they anticipate subjection to a foreign power, if war should again be waged : they dread a separation from the mo¬ ther country, even without war, which they would most grievously lament: they wish to make an effort at recovery from all this disgrace and dan¬ ger : they entreat your instant and earnest aid to assist them. Should a new Parliament be called, we are as¬ sured, that notoriously bad characters would no longer be chosen to represent the people: we are assured, that the most respectable men would now come forward as candidates, who have hi¬ therto disdained to sit in a degraded House : we are assured, that all, both the people, by watching their representatives, and the representatives them¬ selves, would be alert and zealous in the perform¬ ance of duty ; we are assured, that a new and better era would commence. I move that the heads of the address (now read) to Sir Peregrine Maitland, be adopted by this Convention. rc JT S ROBERT HAMILTON, [Signed] I j CLARK. Thursdayy 9th Julyy 1818. Carried, Mr. Washburn, protests against the adoption of the address to Sir Peregrine Maitland, now read. [Signed] D. WASHBURN. Yorky 9th Juhjy 1818. I protest against the proceedings of this Copyention, in adopting the heads of an address to Sir Peregrine Maitland, just read. [Signed] July 9thy 1818. ROBERT J. KERR. Movedy That Mr. Beasley, Mr. Clark, Mr. Geo. Ha¬ milton, Mr. Coleman, Mr. Chisholm, Mr. Drake and Mr. Wm. Kerr, be a permanent Committee of Manage^ menty after the adjournment of this Convention, and till its next meeting :—that they, or any four of them, shall have power to constitute the Deputation to Sir Peregrine Maitland ; and that they also finish the wording and style of the Petitions to the Prince Re¬ gent and Sir Peregrine Maitland, which the Chairman, Mr. Beasley, shall have power to sign for this Con¬ vention, after its adjournment. {Signed] 9th Julyy 1818. ROBERT HAMILTON, R. DRAKE. Carried, 20 CHRONICLES OP CANADA. In contormity to an appointment of yesterday, the representatives from the different districts, viz : the P^ewcastle, Midland and Johnstown, bein^ a committee, do appoint C. Thomson, Secretary, for the lower branch Convention; and Messrs! Thomson and Detlor, Treasurers ; and that the first Saturday of August, be appointed for the meeting of representatives of the lower branch Convention, at the house of Robert Walker in Kingston, at 2 o’clock, P. M. ’ ( TUG’S COLEMAN, PAUL PETERSON, JACOB W. MYERS, DAVIS HAWLEY, NATHAN HICOK. I nursaayy July 9th, 1818. pd each of the members, any other day of meet¬ ing, not beyond the first Monday of March, 1819, such notice being published and written before the first day of January, 1819. rqirrnpHI 5 I>KAKE, Carried. [Sipneq] j CHIS HOLM. Moved, That should there be no call of Parlia¬ ment, or dissolution, before the first of September, nor any hope of the session commencing before the middle of October, then it shall be th^duty of the branch Conventions, to have petitions drawn up, and signed all over their respective districts, both to the Prince Regent and the Commons House of the Imperial Parliament, to be sent home with¬ out delay, by a Commission, consisting of two persons chosen by the upper, and two by”the low¬ er branch Convention : the Secretary of this ge- R. DRAKE, Wm. CHISHOLM. York, July dth, 1818, ooiiveniion : me secretary ot this ge- Agreeable to a Resolution passed yesterday for Convention to accompany, and be the Secre- tlie purpose of choosing a Treasurer and Secretary Commission. tricts,viz!-lNiagara!Gl"re^,*LLd^o*n^^^^ ll’*^ permanent Committee shall Home districts—the Committee do annoint Afnn ■ ^ general meeting of this Con- day the 20th inst., as a proper day to meet A^ advertisement, and written notice to caster, at Newton’s Inni 10 o’clock A M ’-fnA a' f* member, signed by five of the said Commit- nominate Col, Richard BeasW V ^ • fSianedl 5 DRAKE. George Hamilton. Esq!^, LJ'*’ rent. Jacques Paren^Sile^'BoX. Sandwich, imlune, 1818. Fhis day a meeting ofthe representatives for the flowing townships in the county of S and Western district, was held at the^(,ou“f’S Thomas Lewis, for furihprinry i r ^sidt? L-aKw^^- sr i 2 d April, 1818 . PREsrTr ’ CoRhesten '^P^^^enting the township of Mr. Joseph Wigle, do. Gosfield and Mercia S-dwich, Mo/^d the^busi's 0^"ihl ealW to the chair, Aoril iRiR Cflnada, dated 2d iia,7.Jr.,T,rr r"”"-’ to choosp n ^ • cieeting then proceeded sex when Mrcounty of Es- „ e .J^oderick Drake was duly elected Niagara"dis'trict'^w-m*Dr formed in the 3 d 'dav of T 1 proceed to Ancaster, by the to York, by theTth^of th proceed at the P’rov^ntl ContJtlor ^ -Meetings ill tlie iwstiict of Gore. DMieminn” M** 'Prafalm at theiwuse o^f Mr. * Munn , Mr. Samson Howell was chosen lepre- CHRONICLES OF CANADA. 27 sentative, and Mr. John Brown, clerk ; also, a com¬ mittee, viz: Messrs. James Thompson, Daniel Munn, Wm. Tisdale, and John Railing. In the township of Barton, at the house of Samuel Price, Geo. Hamilton, Esq., J. P., being in the chair; Richard Beasley, Esq., J. P., was chosen representa¬ tive, and Samuel Ryckman, clerk ; also, a committee, consisting of Thomas Davis, Jacob Rymal, John Smith, and Daniel Crosswait. In the township of Ancaster, at Newton’s Inn, Mr. Samuel Andruss in the chair; Mr. Peter Hogeboorn was chosen representative, and Mr. Thomas Lawra- son, clerk—also, a committee, consisting of Mr. John Binkly, Mr.William B.VanEvery, and John Vanderlip. In the township of Nelson, at the house of Caleb Hopkins, Mr. Moses McCay in the chair ; Wm. Chis¬ holm was chosen representative, and Wm. McCay, clerk. In the township of Flamborough East, at the house of Mr. Gabriel Hopkins, Geo. Chisholm, Esq., in the chair; John Chisholm, Esq., was elected representa¬ tive, and Mr. F. I. Harrold, clerk—also, a committee, consisting of Messrs. Geo. Chisholm, Jun., Gabriel Hopkins, and Christian Row. In the township of Beverly, at the house of Mr. Rinear Vansikel; Mr. Andrew Jones, representative, and Mr. James Deary, clerk—also, a committee, con¬ sisting of Messrs. James Cope, James Jones, and John Humel. In the township of Glanford, at the house of Mr. Christopher Terraberry, Paul Huffman being in the chair ; Thomas Choat was chosen representative, and John Haves, clerk—also, a committee, consisting of Messrs. George F. Smith, Jacob L. Smith, and John Treanor. Hamilton, District of Gore, June \^th, 1818. This day a meeting of the representatives from the different townships of the district, assembled at the Inn of Samuel Price, for the purpose of pe¬ titioning the Prince Regent, on the general state of public affairs now existing in the province of Upper Canada. Richard Beasley, Esq. representing the township of Barton. Peter Hogeboom Jacob Springstot Andrew Jones, do. Ancaster. do. Saltfleet. do. Beverly. do. East Flamborough. ,do. Nelson. do. Trafalgar. do. Glandford. do. Haldimand. do. Waterloo. Sampson Howell, Thomas Choat, Frederick Yeowar Jacob Erb, Peter Hogeboom being unanimously called to the chair, the business of the day commenced by reading Mr. Gourlay’s address to the Resident Land Owners of Upper Canada, and the petition to the Prince Regent. The address and petition were unanimously approved of, by the meeting. The meeting proceeded to choose representatives for the district, and the following persons were unanimously chosen, viz: Richard Beasley, Esq. to represent the county of Wentworth. Capt. Wm. Chisholm, the county of Halton. The meeting proceeded to electa Treasurer and Secretary: Geo. Hamilton, Esq. was elected Treasurer, and John Chisholm, Esq., Secretary, The meeting passed a vote of thanks to Mr. Gour- lay, for his spirited interference in behalf of his Majesty’s subjects in this province. incctin;;^ in tlic Joliii§town District. In the township of Crosby, June 6th, 1818, at the school house, Mr. Joseph Merriman in the chair; Chapman Pennock was appointed representative, and Nathaniel Ketchum, clerk : also, a committee, con¬ sisting of Messrs. Joseph Merriman, Henry Halladay, and Aaron Pennock. In the township of Killey, 22nd June, 1818, at the house of William Talman, Benjamin Lyman, Esq., J. P., in the chair; Capt. Duncan Livingstone was chosen representative, and I. S. Root, clerk : also, a committee, consisting of Benjamin Lyman, Esq., Ti¬ mothy Soper, William W. Brown, and John Arnold. In the township of Bastard, 23rd June, 1818, at the house of E. Chamberlain, Mr. Barnabas Chapman in the chair; Dr. George Breakenridge was chosen re¬ presentative, and Silas Smith, clerk : also, a commit¬ tee, composed of Messrs. William Stevens, Daniel Terrie, Sheldon Nichols, and Judson Stoddard. In the township of Landsdown, 23rd June, 1818, at the house of Mrs. Lee, Mr. Nathan Hicok in the chair; he was chosen representative for inhabitants of tliis township and Leeds, Mr. Oliver Eaton, clerk ; and a committee, consisting of Messrs. Wm. Parish, John Struthers, Allan Sweet, Isaac Soper, and the representative. In the township of Yonge, 24th June, 1818, at tl|e houses of John Dickson and Stephen Andrews, Capt. Joseph Wiltsie and Mr. Wm. Thomson, in the chair; Benoni Wiltsie, Esq., was chosen representative, and Mr. Andrew Teed, clerk : also, a committee, consist¬ ing of Messrs. John Dickson, Squire Mott, Daniel Phelps, William Thomson, Walter Adams, and Tho¬ mas P. Kenyon. In the township of Elizabethtown, at the house of Mr. Dayton, 2Gth June, 1818, Thomas Smith, Esq., .1. P., in the chair; he was chosen representative, and Mr. John Kilborn, clerk : also, a committee, consist¬ ing of Messrs. Truelove Butler, Vincent Booth, Ed¬ ward Howard, John Ketchum, and Abraham Dayton, Esq., J. P._ Elizabethtown, June mtk, 1818. Which day the following persons, chosen to re¬ present inhabitants of townships in the Johnstown district, with a view to co-operate with inhabit¬ ants of the district of Niagara and others, in send¬ ing to England a Commission, bearing addresses to his Royal Highness the Prince Regent, on the state of Upper Canada, assembled at the house of Abraham Dayton, Esq. Elizabethtown, viz Tho¬ mas Smyth, Esq. J, P., representing inhabitants of Elizabethtown ; Duncan Livingston, Esq., do Kit- ley ; Dr. George Breakenridge, do. Bastard ; Mr. Nathan Hicok, do. (rear and front of) Yonge; Mr. Chapman Pennock, do. Crosby. Thomas Smyth, Esq. J. P. being called to the chair, it was Rsolved and carried. That only about half the townships of this district having appointed re¬ presentatives, one representative shall be consid¬ ered sufficient to proceed to York, on behalf of the same. Sid, Resolved and carried. That the necessary charges of the district representative attending his duty at York, shall be defrayed out of the district fund, and be payable to the order of the committee. The meeting then proceeded to choose a dis¬ trict representative, when Mr. Nathan Hicok was duly elected : John Kilborn was chosen Secreta¬ ry, and Thomas Smyth, Esq. J. P. Treasurer—a committee was also appointed, consisting of Abra¬ ham Dayton, Esq. J. P., Thomas Smyth, Esq. J. £8 CHRONICLES OF CANADA. P., Edward Howard, Vincent Booth, John Kil- born, and the district representatives—any three to be a quorum. Resolved and carried, That, as many peo¬ ple in the townships, from whence representatives have not been sent to this meetingr. are known to be well disposed to the cause, the district commit¬ tee shall correspond with such people, and have an ag-ent or agents appointed in each of said town¬ ships, to receive subscriptions from individuals, and report concerning the same, to the Secretary. 4th, Resolved and carried, That the committee shall have power to direct payments to be made by the Treasurer, and if occasion requires, they njay at any time call a meeting of township represen¬ tatives, to consult as to any unforeseen circumr stance. bth, Resolved and carried. That it shall be clear¬ ly understood, that all monies not applied to, or required for the purposes in view, shall be refund¬ ed, in due proportion, to individual subscribers. Uh, Resolved and carried. That the district re¬ presentative shall consult with other representa¬ tives, when assembled at York, as to a proper draft of an address to his Royal Highness the Prince Regent; and that a copy of the same be laid by him before the township respresentatives of this district, at their first general meeting after his return from York. Till, Resolved and carried. That this general meeting do adjourn, till Saturday the 25th July next, then to meet at the house of Uri Stone, in Elizabethtown, at the hour of twelve o’clock, and that the clerks of the several townships do then and there present themselves, with subscription lists and money collected, to be paid over by them to the district Treasurer, (Signed) THOMAS SMYTH, Chairman, A true copy, (Signed) John Kilborn, Clerk. [Here ends what teas •printed in two pamphlets, and paidfor out of the subscriptions of JS/tagara district^ ARREST APVD TRIAL OF MR. CfOFRLAY, Extracted from Report of the Trial, printed in a pamphlet at Kingston^ immediately after his acquittal. WARRAJVT. The King v. Robert Gourlat, UPPER CANADA. MIDLAND ) finO Robert Young, high Consta- DISTRICT. ^ ble, or to any other Constable in the town of Kingston — Greetitig: Whereas, in¬ formation and complaint hath been 7 nade before me, (Thomas Markland, Ksquire, one of his J\1a- Jesty s Justices of the Peace, in and for the said dis- trkt,) on oath, that Robert Gonrlay, late of King¬ ston, in the said district, gentleman, at Kingston, m the said district, on or about the first day of June instant, unlawfully, maliciously and wickedly, did publish and utter a. false, wicked and seditious libel, styled, “ Principles and Proceedings of the'Inhabi¬ tants of the District of Atiagara, for addressing his Royal Highness the Prince Regent, respecting the claims of sufferers in war, lands to militia men, and the general benefit of Upper Canada: printed at the a gar a Spectator office, 18\S; price, one shilling, Halifax,intending thereby, the peace and common tranquility of our Lord the King, and this his province of Upper Canada, to disquiet, molest and disturb, and to bring the Government of our said Lord the King, in this his province, into great hatred, contempt and scandal, ivilh all his faithful and liege subjects of the said province,' These are, ther^ore, to charge and command you to apprehend and arrest the said Robert Gourlay, if he shall be found within your bailwick, and bring him before me, or some other of his Majesty’s Justi¬ ces of the Peace, to he dealt with as the law directs. Given under my hand arid seal, this eleventh day of June, one thousand eight hundred and eighteen, at Kingston, in the Midland district. (Signed) THUS MARKLAJVD, J. P. (L.S.) I do hereby certify that the above is a true copy of the original warrant, (Signed) ROBERT YOUNG, High Constable, JURORS EMPANNELLED ON THE TRIAL. OLIVER THIBODO, Foreman, ELIJAH TENNY, SAMUEL MERRILL, ALEXANDER WATSON, THOMAS SMITH, JOSEPH RANSIER, JAMES MEAGHER, JOHN DOWLING, LOOMIS NORTON, ANDREW DENIKE, JAMES McGEE, GEORGE OLIVER. Extracted from the Kingston Gazette, August 18, 1818. MR. GOURLAY’S TRIAL. On Saturday the 15th inst., the case of the A7/ig- v. Robert Gourlay, for publishing a seditious L\- bel, was tiied before the Court of Assizes, now sitting in this town. The publication charged as libellous, was the Niagara petition to the Prince Regent. It being a cause of great expectation, the Court-House was thronged beyond what was ever known on any former occasion. The Solici¬ tor General opened the prosecution, and produced Stephen Miles, printer, as a witness, to prove the publication of the pamphlet, which not being pre¬ cisely proved, was admitted, by the defendant. Mr. Gourlay entered into a verv full defence, which, we understand, will probably be published! He called John Clark, Esq., of Niagara, to prove his character and conduct, in that district, and that the petition charged to be a libel, although written by the defendant, was examined, approved and published, by a committee of the representatives of that district, with their names annexed to the publication. The defendant also called James Wilkie, Esq., Ordnance store keeper, of Kingston, who testified that, from his earliest years, he had been well acquainted with Mr. Gourlay; having been brought up in the same neighborhood, and served under his command, as a commandant of volunteers, in Fifeshire; also, that Mr.Gourlay's character, in his native country, was fair and irre- proachable,and his family and connexions of the first respectability. The Solicitor General replied, at great length. Judge Campbell, who had exercised n.uchpat.enceand candor during theV/u„ ent7 who withdrew, and in about half an hour returned into Court, with a verdict of JVOT GVITTY I?*® '^“^‘'elivered, an instanta- tkued f"‘'/®""al burst of applause, which con- Duhhr I I ® “»nutes, marked the state of the public feeling, on this interesting subject. disIi?s7on^n®r'®7°^i® “"‘I fa''- un^nTin 1 ««'>'>l‘shed the right of uniting in a petition to the Prince Reirent and using the requisite means of forming sufh union • and has refuted the most extraordinary ZZ’ that a large proportion of the loyal inhabitantsV this province have been guilty of a seditious libel q^estion!"^*^” “ “‘•opting the petition in On Monday the I7th inst., a number of eentle- men gave Mr. Gourlay a dinner, at Moore’s Coffee- nf If®!* aoren o’clock, the company, consisting . ®^''’®®*"r ® ‘•own to7 tablTfur! Dished in Mr. Moore’s best style. Mr. T Dalton rC ••"h"®. “a Vice Pres " "'a® removed, Mr. Dalton «Jfrds7!^ hims®lf to the company nearly in these " Gentlemen, Feulow Countrymen— It is ne culiarly gratifying to me, (as I am sure it Llo that witness the universal joy rede hanH^of *" protecting from the rude hand of spoilers, the best, the dearest, the hallowed right of every British subject: it is a sure pledge, that English liberty will be perpetii- ’r",r®'u •’“'■mony, our unbounded sa¬ tisfaction at the happy escape of Mr. Gourlay from the merciless fangs of low minded pride. boN Mered and propped by a “ little brief authority.” 1 his event is of such immense importance to every man in the country, who has any, the least, regard for the inestimable blessings of our glorious con¬ stitution, that It would indeed be wonderful did hNarity’’ overflow with mirth and The following toasts were given from the Chair and drank with shouts of applause. Between each toast, an appropriate song was called for and sung with true patriotic feeling, and mirthful glee. The King ! His Royal Highness the Prince Regent—May his ears be opened to the petitions of his loyal sub¬ jects, and his hands ready to redress their wrongs! The Duke of Richmond, whose character in tngland and Ireland, affords a happy presage of ms government in this country! His ^cellency Sir Peregrine Maitland, Lieu¬ tenant Governor of this province—May his admi¬ nistration justify the high expectations formed of It, by promoting an inquiry into the state of the province! The constitutional right of Petitioning—Disap- ^intment and disgrace .to those who would stifle It, by criminal prosecutions! Robert Gourlay! whose honorable acquittal we ommeniorate—May his slanderers, assailants and prosecutors blush for their abuse of him! CHRONICLES OF CANADA. £9 “ P®°f speaker, yet, L"^®? r ^ l®"®’ language could ex- mvsel?^ f’n tins occasion. As it concerns myself; individually, I sincerely thank you for the honor done me : no traveller, ‘ pelted by the piti- less storm, could ever have half the sa^sfaclion from welcome to a hospitable retreat, as I now ex- I consider"! rr ®°rP“">’! but, gentlemen, when tharoflho^f®‘’ 7 '“ "?>',‘l®''‘eraiice, is connected that of the Deedom of this country, and the most nofhini P®^®°?®‘ suffering and abuse sinks into mv circumstances, charity to my enemies becomes an easy virtue. r., 7 ^®r^*®"'®"~"'i''®*®''®'’ have been thouaht or whatever may have been said, I declare upon my honor, that no expression ever dropped frmn my pen fainted with malice; and in no ^instance have I been the first to attack. An enthusiastic regard for the cause which I espoused, while I was conscious of the best intentions, and had my ha! offV’® ""ebfy good which might result! h noth" '"®‘^® '"a®®?^® ‘bose who opposed hpTlP! !"P®,"”P'‘'“'®"‘'y severe; for it is oRen the best policy to answer mean and base reflections wAh s,l®nc® and contempt. Gentlemen-I con- errL*! bm’ '"n®®® ®^ ‘"’® '"alances I have !h^! . ^ ^ ® ®'' buman. Now, that the great objects in view are so well established, I shaH be par y biclw at ‘'°"® '^“\P®»y '"“fP“re and »nd . 1 , I “ ® ®® fbe ends of justice and the law are sufficiently satisfied, I shall be most ready and willing to exchange forgiveness with my enemies, in every quarter.’^ “'«‘''®"®"® Juries ^ dodges, and the Independence of dories, equally entitled to respect! ^ '' tie Libertu nf thp «i-r. »sfoiiowt"!l!^ fose, and addressed the company liberty ‘*’® ““Peguard of civil Impartiality, the first duty of a Maa-istrate— sacrifice it, to personal or parly feelings! Our worthy visitors from other districts ! -iol cn, from A straight j^acket, instead of a silk gown, for the advocat® of the new doctrine, that th^e inh bitant! of this province may unite in a general petition petitm^t Publicly propose or communicate a !.!!h • * ®®®^ °*^®'’’ ••b® purpose of forming ’.'C.S.r"''*'"''* too- May those who have taken an active part in the measures adopted by the friends to enquiry, never regret what they have done ! «,.TI’®r^"?®'^ ®! ®®®''"’ Polufo'l af those who, for want of rational arguments, attack their opponents teeth!pnai’l!'! The immortal Wellington, the glory of Great Uie^worW f *"^'*^® •'^®^a”‘l' “"“I ‘be admiration of May the matter contained in the pamphlet de¬ nounced as noxious, by the Solicitor General, prove an antidote Jto corruption ! The evening was spent in social hilarity; and before the company separated, this sentiment was drank : Happy to meet, happy to part, and happy to meet again. * 30 CHRONICLES OF CANADA. PARLIAITIEIVT OF UPPER CAIVADA. Extracted from netospapers of the day. Monday^ 12lh Oct. 1818. At £ o’clock this day, his Excellency the Lieu¬ tenant-Governor proceeded in state, from the gar¬ rison to the Legislative Council chamber, where, being seated on the throne, his Excellency direct¬ ed the Gentleman Usher of the Black Rod, to de¬ mand the attendance of the House of Assembly, when his Excellency was pleased to open the ses¬ sion with the following SPEECH: Honorable Gentlemen of the Legislative Council, and Gentlemen of the House of Jissemhly : • The total want of funds to meet the exigencies of the state, has compelled me to call you togeth¬ er earlier than the usual period ; but I hope it is at a season which interferes little with your con¬ venience. I have to announce to you, that no alteration has taken place in the indisposition of our venera¬ ble Sovereign. His Royal Highness the Prince Regent receives from Foreign Powers, the strongest assurances of their friendly disposition to the British empire, and of their earnest desire to preserve the general tran¬ quility. The prospect of continued peace, is peculiarly auspicious to this country : your undivided atten¬ tion will be given to its interests ; you will inquire into its wants, and find remedies for its embarras- inents. 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 prevention, your dispassionate wisdom will be careful that it shall not unwarily trespass on that sacred right of the subject, to seek a redress of his grievances by petition. A treaty is on foot with our Indian neighbors, for the purchase of new territory, including cer¬ tain tracts, which serve by their intervention, to disconnect our western settlements. It appears to me that no object can be of more intrinsic value to this colony, than an increased population ; nor any, on the acquirement of which, a small expenditure of revenue is likely to present the state with a greater return. Whether it would not be advisable to tender assistance in some ef¬ fectual manner, to those poor emigrants who may seek to become your countrymen, is a subject I recommend to your serious consideration. Your attention will be directed to certain laws which are expiring, and to others which have ex- pired,'that you may decide on the propriety of con- inuing the one, or reviving the other. To carry any laws which you may enact, for the comfort, safety or morality of the subject, or for the general bene¬ fit of the province, into full effect, you may depend on my hearty co-operation. Gentlemen of the House of Assembly: I shall direct the proper officer to lay before you, the accounts of the receipts and expenditure of the provincial revenue, with an estimate of what may be required for the support of the civil Go¬ vernment. Honorable Gentlemen and Gentlemen: Convened as you now are, for the great pur¬ pose of elevating your country by the wisdom of your councils, you feel each of you impressed w’ith the responsibility and dignity which invests you; you recollect the celebrity of your proceedings: these considerations, enfighlened manners, and the beneficent influence of religion, will no doubt regulate the intercourse between your au Government House, ( York, October SLi, 1818, 7 P. M. S Gentlemen- His Excellency the Lt. Governor being from home when I recewed your oj this date, I have not till now had an opportunity of offering to him the paper it enclosed ; which 1 have now to return, as his Excellency declines re- ceiving it, for the reasons already stated. S4 CHRONICLES OF CANADA. I have the honor to be, gentlemen, your most obedient humble serv’t. GEORGE HILLIER, Secretary. To W. J. Kerr and G. Hamilton, Esqrs. The above closes the conference ; and we trust you will perceive, in our letter to his Excellency, our full seutiments on the occasion. We have only, therefore, to add, that we re¬ main, with sentiments of respect, gentlemen, your most ob’t. servants, RICHARD BEASLEY, WILLIAM J. KERR, GEORGE HAMILTON. PARLIAMEEIVT OF UPPER CANADA. Wednesdayy 2,1st October, Mr. Jones moved, that the House do now re¬ solve itself into a committee of the whole, to take into consideration that part of his Excellency’s speech, at the present session, which relates to the meeting of delegates in Convention. Carried. Thursdayy 22d October. The House went into committee, to take into consideration that part of his Excellency’s speech, at the opening of the present session, which re¬ lates to the meeting of delegates in Convention. Mr. Burnham reported, that the committee had agreed to some resolutions, which he was direct¬ ed to submit, for the adoption of the House, which were received and adopted, nem. con., as follows : 1st. RESOLVED—That the rights of the people of this province, individually, or collectively, to pe¬ tition our gracious Sovereign, for the redress of any public or private grievance, is their birthright as British subjects, preserved to them by that fVee constitution which they have received, and which, by the generous exertions of our mother country[ has, through an arduous contest, been unimpaired. 2d. Resolved —That the Commons House of As¬ sembly are the only constitutional representatives of the people of this province. 3d. Resolved— That the electing, assembling, sitting and proceedings of certain persons calling themselves representatives or delegates, from the difterent districts of this province, and met in ge¬ neral Convention, at York, for the purpose of de¬ liberating upon matters of public concern, is hiorh- ly derogatory and repugnant to the spirit of the constitution of this province, and tends greatly to disturb the public tranquility. 4lh. Resolved— That while this committee re¬ gret, that some subjects of his Majesty, whose al¬ legiance and fidelity are above suspicion, have been deluded by the unwearied and persevering attempts of the factious, to lend their countenances to mea¬ sures so disgraceful, they cannot admit that their example should give a sanction to proceedings man¬ ifestly dangerous to the peace and security of the province ; proceedings which, it is painful and hu¬ miliating to observe, have drawn upon this loyal province, the attention of other countries, and of our sister province, and even of our parent state, as to a colony impatient of its allegiance, and, un¬ grateful for the fostering care that has cherished Its infancy, looking anxiously to the period of its strength, as to the moment of its revolt. 5th. Resolved —That to repel at once so foul an imputation ; to undeceive the misguided ; to sti¬ fle 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 provisions should be enacted, (as the wisdom of the Imperial Parlia¬ ment 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 dis¬ content, and degrade the character of the province. filh. Resolved —That these resolutions be com¬ municated to the hon. the Legislative Council. Present —Messrs. Burvvell, M’Martin, Van Koughnett, Cameron, Durand, Crysler, Nelles, Howard, Hatt, Jones, Cotter, Swayze, Burnham —13. Wednesday2Sih October. Mr. Jones obtained leave to bring in a bill to prevent certain meetings in this province, which was read the first time. Saturday^ ^Ist October. The bill to prevent certain meetings in this pro¬ vince, 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 w ithin this province upon which the House divided, and the Yeas and Nays taken, as follows :— Yeas,, Messrs. Swayze, Fraser, Cotter, Clench, Halt, Van Koughnett, Durand, Burnham, Cameron, Robinson, Howard, Jones, Nelles— 13. — JVays, Mr. Casey—carried in the affirmative, by a majority of 12, and the bill signed. act for 'preventing certain Meetings within this province. Whereas, the election or appointment of As¬ semblies, 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, complaints, re¬ monstrances and declarations, and other addresses, to the King, or to both or either House of Parlia¬ ment, 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 pub¬ lic peace, and manifest encouragement of riot, tu¬ mult and disorder. It is hereby enacted, That all such assemblies, committees, or other bodies of persons elected, or otherwise constituted or appointed, shall be held and taken to be unlaw’ful assemblies ; and that all persons giving or publishing notice of the election to be made of such persons, or delegates, or at¬ tending, voting or acting by any means, are guil¬ ty of a high misdemeanor. Provided ahvays, That nothing in this act con¬ tained, shall impede the just exercise of the un¬ doubted right of his Majesty’s subjects, to petition the King or Parliament, for redress of any public or private grievances. 35 CHRONICLES York, SLlth JVov., 1818. At 3 o’clock this day, his Excellency the Lieuten¬ ant-Governor proceeded in state, to the Legis¬ lative 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 : Honorable Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly: It does not appear that any alteration has oc¬ curred, in the slate of his Majesty’s indisposition. You have afforded seasonable aid to the consti¬ tution, by your bill entitled An act for prevent’ ing certain meetings 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 aggrieved, they are well aware that a duti¬ ful petition, proceeding 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 vou have granted for the service of the current and of the ensuing year. OF CANADA. 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 representa¬ tives of a free and generous people. I could not refuse myself the pleasure of transmitting your re¬ solutions, to his Majesty’s Government, well con¬ vinced that they would prove grateful to the Roy¬ al personage who presides over it; and confident that they will be received with affectionate appro¬ bation, by every description of your fellow subjects in the mother country. Honorable 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 calin and deli¬ berate consideration : 1 mean the providing of a remedy for the unequal pressure of the road laws. By offering, 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. After which, the honorable the Speaker of the Legislative Council announced, that the Parlia¬ ment was prorogued to the 2d of January next. 532,5:2 Here was an end to enquiry into the state of the public affairsf that it should be denominated “The province, and here was confirmed a system of despo¬ tism, which nothing but insurrection caused to be put doton. . JVoic that twenty four years have elapsed since these occurrences: now that another system has been established; and now that matters can be judged of calmly and dispassionately, it is well to review the whole, so as to determine where teas truth, where false¬ hood and error, for the benefit of futurity. Up to the. year 1818, there had been no instance, I believe, of any thing akin to sedition being known in Lower Canada; and the war had weeded from the upper province, every individual who was sedi¬ tious. They had either gone quietly off, or openly taken up arms; and the members of Convention were absolutely the elite 0/ the most loyal part ofthepo- pulation. I Robert Gourlat, who advised that Convention, now Robert Fleming Gourlav, challenge scrutiny into its every transaction: and I assert, that not one word in the above record affords evidence of sedition, but the contrary. JVevertheless, a Lieutenant-Go¬ vernor no sooner arrives in the province than he (by advice, no doubt of his Council and the Colonial de¬ partment,) declares war against this Convention—a Convention which had resolved, “ the better to denote the purity of its object, as well as distinguish it from Conventions formed to control and command Upper Ca!Sadian uonvkntion qtJiRY.” He refuses to see the depitatiori’-three Ma- gistrates^ond anon, we find him justified in this most illiberal and vneourteous conduct, by assertions and insinuations of the Assembly, base in the extreme, false and malignant. On these we find an act pasS’ ed, to deprive the people of their right to meet by de- legation’-the only mode of transacting any kind of public business, peaceably and effectually: and we find the Lieutenant Governor, in his closing speech, telling Parliament, that it has afforded seasonable aid to the Constitution;^ by An act for preventing certain meetings,” and telling gentlemen of the House of Assembly, that they have added to the character of the province, by the unanimous express- ion of sentiments, highly worthy of the enlightened re¬ presentatives of a free and generous people." Fur¬ ther, expressing pleasure in transmitting tlieir reso¬ lutions to his Majesty's Government, well convin¬ ced, that they would prove grateful to the Royal per- sonagd'!! . Thus fortified, what does this Lieutenant Cover- nor do ? He first puU out of the Commission of the Peace, all Magistrates throughout the province, who had beenfiiendly to my measures, except such aschose to sign a mean recantation of their principles; and after an order was received from home, to grant lands to militiamen, for their services in war, he 36 CHRONICLES OF CANADA. takes vpon himself to deny this grant to those who were ’ineinhers of the Convention. From them it was wit)iheld for seven years, and not yielded till the 4lovse of Assembly took vp the svhject, passed a se¬ ries of resolutions, and addressed his Excellency thereon. To complete this record, 1 extract, below, from the Journals of the Assembly, the resolutions, with the votes on amendment: also, the Assembly's address to his Majesty, and the JJeutenant Governor's reply, pledging himself to transmit the same. Coiiiiiious House of Assembly, January Wth, 1826. Agreeably to the order of the day, the House went into committee, on the state of the province. Mr. Scollick was called to the chair. The House resumed. Mr. Scollick reported, that the committee had agreed to a series of resolutions, which he was directed to submit for the adoption of the House, and asked leave to sit again to-morrow. The report was ordered to be received, and leave was granted accordingly. The first resolution was then read, as follows : Resolved, That many who were conspicuous during the late war, for their firm attachment to his Majesty, and for their zeal and loyalty in the defence of this province, were connected with the Convention of 1818, formed by the people, to seek, by petition to the throne, for the redress of grievances. In amendment, Mr. Attorney General, seconded by Mr. C. Jones, moves, that after the word re¬ solved,” in the original resolution, the remaining words be expunged, and the following words in¬ serted—**That this House is satisfied, that the po¬ litical principles and plans of Mr. Gourlay, are hos¬ tile to the Government of this country, and that no good and loyal subject can hesitate to declare his entire disapprobation of them; and that any persons who still vindicate and avow them, are unworthy the confidence of the Government or people of this province; although the House is convinced, that by far the greater number of those who acted with him, in this country, were, at the time, unconscious of the tendency of his measures.” On which the House divided, and the yeas and nays being taken, were as follows : Yeas —Messrs. Attorney General, Burnham, Burke, Cameron, Crysler, Gordon, C. Jones, D. Jones, J. Jones, McDonell, Morris, and Van Koughnet—12. JS'ays —Messrs. Atkinson, Baby, Beardsley, Beasley, Clark, Coleman, Fothergill, Hamilton, Hornor, Lefferty, Matthews, McBride, Perry, Playter, Randal, Rolph, Scollick, Thompson, Thomson, Wilkinson, and Wilson—21. The question was decided in the negative, by a majority of nine, and lost accordingly. The original resolution, as reported by the com¬ mittee on the state of the province, was then put, on which the House divided, and the yeas and nays being taken, were as follows : Yeas —Messrs. Atkinson, Baby, Beardsley, Beas¬ ley, Burnham, Cameron, Clark, Coleman, Fother¬ gill, Hamilton, Hornor, C. Jones, D. Jones, Lef- fbrty, Matthews, McBride, Morris, Perry, Playter, Randal, Rolph, Thompson, Thomson, Van Kough¬ net, Wilkinson, and Wilson—26. JVays —Messrs. Attorney General, Burke, Cry¬ sler, J. Jones, McDonell, and Scollick—6. The question was carried in the affirmative, by a majority of twenty, and it was Resolved, That many who were conspicuous during the late war, for their firm attachment to his Majesty, and for their zeal and loyalty in the defence of this province, were connected with the Convention of 1818, formed by the people, to seek, by petition to the throne, for the redress of grievances. The second resolution was then read, as follows: Resolved, That the promised bounty in land, of his Inte most gracious Majesty, on account of meritorious service during the late war, has been withheld from some persons entitled to it, on ac¬ count of their connexion with the said Convention, although they never have been tried by any lawful or constitutional tribunal whatsoever, for the part they acted. In amendment, Mr. Morris, seconded by Mr.Van Koughnet, moves, that after the word “Conven¬ tion,” in the original resolution, the remaining words be expunged. On which the House divided, and the yeas and nays being taken, were as follows ; leas—Slessrs. Attorney General, Burke, Burn¬ ham, Cameron, C. Jones, D. Jones, J. Jones, Mor¬ ris, McDonell, Van Koughnet, and Walsh—11. JVays —Messrs. Atkinson, Baby, Beardsley, Beas¬ ley, Clark, Coleman, Crysler, Fothergill, Hamilton, Hornor, Lefferty, Matthews, McBride, Perry, Play¬ ter, Randal, Rolph, Scollick, Thompson, Thom¬ son, Wilkinson, and Wilson—22. The question was decided in the negative, by a majority of eleven, and was lost accordingly. The original question was then put, on which the House divided, and the yeas and nays being taken, were as follows : Yeas —Messrs. Atkinson, Baby, Beardsley, Beas¬ ley, Clark, Coleman, Fothergill, Hamilton, Hor¬ nor, Lefferty, Matthews, McBride, Perry, Playter, Randal, Rolph, Thompson, Thomson, Wilkinson, and Wilson—20. JV'*a7/s—Messrs. Attorney General, Burnham, Burke, Cameron, Crysler, Gordon, C. Jones, D. Jones, J. Jones, McDonell, Morris, Scollick, Van Koughnet, and Walsh—14. The question was carried in the affirmative, by a majority of six, and it was Resolved, That the promised bounty in land, of his late most gracious Majesty, on account of meritorious service during the late war, has been withheld from some persons entitled to it, on ac¬ count of their connexion w’ith the said Convention, although they never have been tried by any lawful or constitutional tribunal whatsoever, for the part they acted. The third resolution was then read, as follows : Resolved, That this House is satisfied of the loyajty and patriotism of such delegates, (to Con¬ vention, 1818,) and the purity of the intentions of the people who appointed them ; while the with¬ holding from such meritorious persons the pro¬ mised and w’ell earned bounty of their Sovereign, on account of their exertions to procure a redress of public grievances, implies a serious and unme¬ rited imputation, which not only affects them and their posterity, but also the people who appointed them. CHRONICLES OF CANADA. 37 In amendment, Mr. C. Jones, seconded by Mr. Gordon, moves, that after the word “that,” in the original resolution, the following be inserted—'* in the opinion of this House, Robert Gourlay was the principal instigator of the Convention ; and that his principles are Republican in the extreme, and adverse to our Monarchical, free and most glori¬ ous constitution ; and although it was no doubt his intention to mislead, yet,” &lc. &lc. &,c. On which the House divided, and the yeas and nays being taken, were as follows : Yeas —Messrs. Attorney General, Burnham, Burke, Cameron, Crysler, Gordon, C. Jones, J. Jones, McDonell, VanKoughnet and Walsh— 11 . JYays —Messrs. Atkinson, Baby, Beardsley, Beasley, Clark, Coleman, Fothergill, Hamilton, Horner, D. Jones, Lefferty, Matthews, McBride, Morris, Perry, Playter, Randal, Rolph, Scollick, Thompson, Thomson, Wilkinson and Wilson—23. The question was decided in the negative, by a majority of twelve, and lost accordingly. The original question was then put, on which the House divided, and the yeas and nays being taken, were as follows : Yeas —Messrs. Atkinson, Baby, Beardsley, Beas¬ ley, Clark, Coleman, Fothergill, Hamilton, Hor- nor, Lefferty, Matthews, McBride, Perry, Playter, Randal, Rolph, Thompson, Thomson, Wilkinson, and Wilson— 20 . JYai/s —Messrs. Attorney General, Burnham, Burke, Cameron, Crysler, Gordon, C. Jones, D. Jones, J. Jones, McDonell, Morris, Scollick, Van Koughnet, and Walsh—14. The question was carried in the affirmative, by a majority of six, and it was Resolved, That this House is satisfied of the loyalty and patriotism of such delegates, and the purity of the intentions of the people who appoint¬ ed them, while the withholding from such merito¬ rious persons, the promised and well earned bounty of their Sovereign, on account of their exertions to procure a redress of public grievances, implies serious and unmerited imputation, which not only affects them and their posterity, but also the peo¬ ple who appointed them. The fourth resolution was then put, on which the House divided, and the yeas and nays being taken, were as follows : Messrs. Atkinson, Baby, Beardsley, Beas¬ ley, Clark, Coleman, Fothergill, Hamilton, Hor- nor, Lefferty, Matthews, McBride, Perry, Playter, Randal, Rolph. Thompson, Thomson, Wilkinson, and Wilson— 20 . J\*ays—Messrs. Attorney General, Burnham, Burke, Cameron, Crvsler, Gordon, C. Jones, D. Jones, J, Jones, McDonell, Morris, Scollick, Van Koughnet, and Walsh—14. The question was carried in the affirmative, by a majority of six, and it was Resolved, That to withdraw the gracious pro¬ mise given from the throne, on such a ground, bespeaks a system, the direct tendency and conse¬ quence of which, is the prevention of the free ex¬ pression of public opinion against public grievan¬ ces, however great, and the sacrifice of those who exert themselves for their redress. The fifth resolution was then put, on which the House divided, and the yeas and nays being taken, were as follows: , i Feos—Messrs. Atkinson, Baby, Beardsley, Beas¬ ley, Clark, Coleman, Fothergill, Hamilton, Hor- nor, Lefferty, Matthews, McBride, Perry, Playter, Randal, Rolph, Thompson,*Thomson, Wilkinson, and Wilson—20. J\\tys--MessTS. Attorney General, Burnham, Burke, Cameron, Crysler, Gordon, C. Jones, D. Jones, J. Jones, McDonell, Morris, Scollick, Van oughnet and Walsh—14. The question was carried in the affirmative, by a majority of six, and it was Resolved, That an humble address, grounded on the foregoing resolutions, be presented to his Majesty, representing the claim of such persons to receive the promised bounty in land, according to their rank in the militia. Address. To the Ring’s most Excellent Majesty. Most Gracious Sovereign ; We, your Majesty’s loyal and dutiful subjects, the Commons of Upper Canada, in Provincial Par¬ liament assembled, beg leave humbly to approach your Majesty, with feelings of gratitude for the share we enjoy in the liberality of your Imperial Government, and the glories of your illustrious reign. We would most humbly represent, that many who were conspicuous during the late war, for their firm attachment to your Majesty, and for their zeal and loyalty in the defence of this pro¬ vince, were connected wdth the Convention of 1818, formed by the people, to seek, by petition to the Throne, for the redress of grievances; and that the promised bounty in lands, of your most gracious Majesty, on account of such meritorious services, has been withheld from some persons en¬ titled to it, on account of their connexion with the said Convention ; although they never have been tried by any lawfiil or constitutional tribunal, for the part they acted. We further beg leave bumbly to represent, that we are fully satisfied of the loyalty and patriotisrn of such persons, and the purity of the intention of the people who appointed them as delegates to such Convention, while we cannot otherwise than painfully regard the withholding from such merit¬ orious persons, the promised and well earned boun¬ ty of their Sovereign, on account of their exertions to procure redress of public grievances, as imply- intr a serious and unmerited imputation, which no”t only affects them and their posterity, but also the people who appointed them. Nor do we less feel, most gracious Sovereign, that the withdrawing the gracious promise given from the Throne, on such a ground, by the Provin¬ cial Government, bespeaks a system, the direct tendency and consequence of which is, the preven¬ tion of the free expression of public opinion against public grievances, however great, and the sacrifice of those who exert themselves for their redress. Permit us, tlierefore, most gracious Sovereign, humbly to represent the expediency and justice of confirming to all such persons, the promised grant of land for their meritorious services; and ot re¬ moving what we cannot but regard as the conti¬ nued expression of the Royal displeasure towards some of your most faithful subjects, who only ex¬ ercised the right of petitioning against public grie¬ vances, the existence of which is equally inconsis¬ tent with the happiness of the people, and the honor of the Crown : and remote as the people of this province are from the seat of your Imperial 38 CHRONICLES OF CANADA. Goverpfnent, we hold the right of so offering our petitj^Ins to the Throne, as one of those inestima- ble^iberties wiiich we most humbly hope will D^er be abridged. Reply of tlie Lieiiteiiaiit Oovcriior. Gentlemen of the House of Assembly: I will transmit to his Majesty, your address against the principle of withholding the King’s bounty of lands from the officers of militia w’ho w'ere members of the Convention of 1818—a principle which has been entirely approved of, by his Majes¬ ty’s Government. I feel it due to myself and to the House of Assembly, to state explicitly, that, as a long interval has since elapsed, I shall deem it necessary, at the same time, to assure his Majes¬ ty, that I fully concur w'ith the House of Assembly, that many who were conspicuous during the late war, for their firm attachment to his Majesty, and for their zeal and loyalty in the defence of this province, were connected with the Convention; and that I have, in common with the House of Assembly of that period, expressed my deep regret that they were so connected : That I am equally convinced, that many individuals, whatever may have been their previous character or conduct, who were for a time so far imposed upon as to become promoters of the Convention, did not entertain designs hostile to the constitution, or to the peac^ of the country : That I have shewn my readiness to discriminate, whenever, upon the application of the party, satisfactory circumstances have enabled me to do so; and that I have not felt that I could properly go beyond this, without disregarding what was due to the best interests of society, and to the sense of the Legislature, strongly and ex¬ pressly declared, at that period. I shall, at the same time, solicit the attention of his Majesty to the resolutions of the House of Assembly, and the act of the Legislature, passed when the occurrences to which they refer, were recent, and when the proceedings of the Conven¬ tion of delegates, and their consequences, could be most correctly appreciated. I shall also feel it my duty to make his Majesty aware, that there is so little room for an implica¬ tion, that the acknowledged right of the people to petition for redress of grievances, has been ever interfered with, or attempted to be controlled, that a recommendation to leave it free and unrestrain¬ ed, in any measure which it might be deemed pro¬ per to enact, was given from the Throne, and care¬ fully observed by the Legislature. RECAPITULATION AND CONCLUSION. With these last documents exhibited, we have now a complete case for judgment; and an impor¬ tant one it is—not for me only, but for all; for the maintenance of truth, the rights of man, aye, and the duties. At a meeting of inhabitants of Niagara town¬ ship—a member of Parliament in the chair—it is resolved to follow my advice, and send to England a petition. Nothing can be more orderly than the course pursued; nevertheless, a Legislative Councillor addresses the public, to generate groundless sus¬ picions, cause false alarms, and countenance ab¬ surd doctrines. The good sense of the people speedily sets this aside, and measures are proceed¬ ed with. Delegates from all the townships of the district meet, transact business, agree to resolutions, and appoint a committee of management. The committee causes a pamphlet to be pub¬ lished. lam arrested for this, to be tried ; and delegates meet in Convention, when I advise de¬ lay till after my trial;—till after Parliament meets, and till the people are better informed. I am tried, and honorably acquitted : the lega¬ lity of all established ; and at a public dinner there is rejoicing, and confident expectation, that all will now proceed peaceably and well. Parliament being met, the Lieutenant Governor points to sedition, which no where exists; and proposes a law to circumscribe public liberty. The Legislative Council is wary in reply ; but repre¬ sentatives of the people become ready tools of op¬ pression, and smitten with indignation^ draw a bill of indictment against their constituents. A deputation from the Convention begs to be heard, on the part of the people ; but courtesy is disregarded: and three gentlemen—Magistrates, and distinguished for loyalty—are spurned from the presence of the Governor. Finally, an act is passed, at once libelling the people and depriving them of means to appeal to the sovereign power,—an act so shameful, that the same Parliament repealed it, March 7, 1820, as inexpedient,'^ In fact, by that time it had ac¬ complished its end. 1 was banished, and worse than murdered, under its deadly shade. The resolutions, preparatory to this villanous act, are too loathsome to be dwelt on ; but it is well to expose the lying pretence, that the Impe¬ rial Parliament had, “ to meet similar occasionsf resorted to “ some such legislation," The Imperial Parliament never did any thing so base, although the Irish Parliament did ; and soon after sold its own existence, through the agency of a man who put a period to his own. The act w’as unconstitutional, as all acts are, which mock common sense, and counteract the grand principles of liberty. It would have justi¬ fied rebellion ; which never can be justified, so long as the people are permitted to meet peaceably, by delegate, for the expression of opinion, and car¬ rying out lawful objects. The repeal of this act, left the people of Canada without excuse, in taking up arms against the Go¬ vernment : and asking for a Convention, as Mc¬ Kenzie did, when Sir Francis B. Head sent him a flag of truce, was among the silly doings of his low and blackguard outbreak. The people had then a right to meet in Convention, unasked for; but, unfortunately, they had no leader—no one to guide them in wisdom’s ways—“ in paths of peace.” The Home Government does not prevent Char¬ tists from meeting, by delegate, in Convention. Even their mob meetings are not checked, when peaceable. The mob meeting, at Thorold, three years ago—called a Durham Meeting” —was CHRONICLES OF CANADA. 39 lawfijl, with its flags and absurd resolutions : nor did Sir George Arthur refuse an audience and re¬ ply to its three deputies, though not one of them was in the Commission of the Peace : in fact, cour¬ tesy is cheap, and always expedient. The mob meeting —alias Durham meeting—on Yonge-street, was most wrongfully opposed by the Sheriff; and its bloody record will long mark the spirit of the Compact, now, happily, humbled in the dust. , In short, to meet in any place, at any time, and in any number, is a right of man, acknowdedged, acted on, and never interfered with, when peace is not endangered, at home. To submit to de¬ legation, is a duty of man—because no business can be matured by a multitude; and when delegates are chosen, there is a beginning of order, a hope of good, and the best opportunity for calm discus¬ sion, and sound conclusion. In England, county meetings are called by the Sheriff, on requisition. He presides, verifies re¬ solutions and petitions, which are received by the Sovereign or Parliament, as regular proceedings, demanding respect—not in courtesy, but mughL proceedings of mob meetings, are received only in courtesy ; and proceedings—resolutions or peti¬ tions—of regularly appointed delegates, are more worthy of being courteously received, as the ac¬ tors can better be identified—better be conversed or corresponded with. Meetings of delegates, may be called a Conven¬ tion, a Congress, or a Conference : it matters not what the name is. Such meetings may either be re