Sidebilder
PDF
ePub

sion; to attempt anything of a temporizing character would be weak and futile. I should at once avail myself of the powers confided to me. We can now make no terms with M. Papineau; youmust either put him down, or submit to let him put you down; there is no halting between two opinions. By at once increasing the power of the Executive, and suspending the constitution, you at once paralyse the designs of these mischievous men; it would establish confidence in the minds of those disposed to peace and good government, and at no distant period you might be solicited to restore the constitution to the province, under arrangements better calculated to afford satisfaction than could be accomplished by any effort or proposal in the present state of things; for, until you nullify Papineau's power, you can never be in a position to treat on anything like fair and liberal terms with a man of his extravagant, uncompromising, destructive views, exercising, as he does, complete control over the minds of many who have been too long accustomed to be under his yoke. As I stated in former letters, I do not expect any serious commotion; at the same time, when I see so many clever unprincipled engines in action, yielding implicit obedience to the mandates of such a man as M. Papineau, it is impossible to set limits to the extent of mischief they may construct. The jealousy that exists between the two origins is also a powerful instrument in the hands of a convention or central committee, as before al luded to, and corresponding, as they no doubt do, with various parts of the province. The two extremes are doing incalculable

mischief, and must disgust every friend to liberal measures. The feelings of the great body of the French Canadians are decidedly loyal and favourable to peace and order, and it now rests with the Government, by wise and judi cious measures, to protect them from the designs of those who are now working upon their credulity by the most gross misrepresentations and contrivances. The jealousy that existed between the two races I found upon my arrival here had reached such a height, that from the first I considered it one of the principal obstacles to a satisfactory adjustment of difficultics. I must, however, observe, that this has greatly diminished; and I can reckon as friends to my administration a large proportion of the reasonable and liberal men of the province. The Ultras on both sides are struggling for ascendency, and my determined opposition to the views of both in this respect perhaps may in some measure account for their hostility to me, but I cannot relinquish my principles on this point. It is a matter of great regret to me, that I

I

could not at an earlier period have given a practical proof of my political views, and by acts to show my determination to redress certain grievances, which evidently called for it: however, it is too late now to talk of this. was obliged to share with others in submitting to circumstances over which there was no control. My situation now is not an enviable one; and, on every private consideration, I shall gladly relinquish it. It is probable, and indeed reasonable, that if matters here should come to extremities, you would prefer to have a man in my place who had not so

avowedly declared his wish to carry on his government on the principle of conciliation. In stating this, be assured at the same time, that I do not shrink from the difficulties which surround me, nor would I wish in any way to

embarrass the administration. A public despatch accompanies this, which enters more into official details.

"I have, &c.

"Gosford."

COPY OF AN ORDINANCE PASSED IN THE SPECIAL COUNCIL.
Anno Secundo Victoria Reginæ.

"CAP. I.-AN ORDINANCE TO PROVIDE FOR THE SECURITY OF THE PROVINCE OF LOWER CANADA.

"Whereas divers persons, sub- a member of the said late Assemjects of her Majesty in this province, have been charged with high treason and other offences of a treasonable nature, some of which said persons are at present in custody, and others have withdrawn themselves from the pursuit of justice beyond the limits of this province; and whereas of the persons so charged and in custody those whose names follow-that is to say, Wolfred Nelson, Robert Shore Milnes Bouchette, Bonaventure Viger, Simeon Marchesault, Henri Alphonse Gauvin, Toussaint Goddu, Rodolphe des Rivieres, and Luc Hyacinthe Masson, all respectively now in the gaol of Montreal, in custody of the sheriff of Montreal, have severally acknowledged their participation in such high treason, and have submitted themselves to the will and pleasure of her Majesty. And whereas Louis Jo seph Papineau, a member of the late Assembly of Lower Canada, and Speaker thereof, Cyrile Hec. tor Octave Cote, also a member of the said late Assembly; Julien Gagnon; Robert Nelson, also a member of the said late Assembly; Edmund Burke O'Callaghan, also

bly; Edouard Etienne Rodier, also a member of the said late Assembly; Thomas Storrow Brown, Ludger Duvernay, Etienne Chartier, a priest; George E. Cartier, John Ryan the elder, and John Ryan the younger, Louis Perrault, Pierre Paul Demaray, Joseph François Davignon, and Louis Gautier, all respectively subjects of her said Majesty, and against whom respectively warrants for high treason have been issued, have severally absconded from this province, and withdrawn themselves from the limits thereof, and from the pursuit of justice. And whereas it is her said Majesty's most gracious will and pleasure that no further proceedings shall be had or taken against any persons whomsoever on account of such high treason, or other offences of a treasonable nature, save and except as hereinafter provided; but it is nevertheless expedient to provide for the present security of this province by effectually preventing the several persons whose names are hereinbefore set forth from being at large therein-be it therefore ordained and enacted by

his Excellency the Governor of the province of Lower Canada, by and with the consent and advice of the Special Council for the affairs of the said province of Lower Canada, constituted and assembled by virtue of an act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the first year of the reign of her present Majesty, entitled 'An Act to make temporary provision for the Government of Lower Canada,' and it is hereby ordained and enacted by the authority aforesaid, that it shall and may be lawful for her Majesty to transport to her Majesty's islands of Bermuda, during her pleasure, the said Wolfred Nelson, Robert Shore Milnes Bouchette, Bonaventure Viger, Simeon Marchessault, Henri Alphonse Gauvin, Toussaint H. Goddu, Rodolphe des Rivieres, and Luc Hyacinthe Masson respectively, and to subject them or any of them to such restraints in the said islands as may be needful to prevent their return to this province. And it is further or dained and enacted, by and with the authority aforesaid, that if the said Wolfred Nelson, Robert Shore Milnes Bouchette, Bonaventure Viger, Simeon Marchessault, Henri Alphonse Gauvin, Toussaint H. Goddu, Rodolphe des Rivieres, and Luc Hyacinthe Masson respectively, or any of them, or if the said Louis Joseph Papineau, Cyrile Hector Octave Côte, Julien Gagnon, Robert Nelson, Edmund Burke O'Callaghan, Edouard Etienne Rodier; Thomas Storrow Brown, Ludger Duvernay, Etienne Chartier, George Etienne Cartier, John Ryan the elder, and John Ryan the younger, Louis Perrault, VOL LXXX.

Pierre Paul Demaray, Joseph François Davignon, and Louis Gautier, against whom respectively such warrants for high treason have been issued, and also have so withdrawn themselves from the pursuit of justice as aforesaid, or any of them, shall at any time hereafter, except by permission of the Governor-General of her Majesty's provinces on the continent of North America and High Commissioner for the adjustment of certain important questions depending in the provinces of Upper and Lower Canada, or if there shall be no such Governor-General and High Commissioner, by the permission of the Governor-in-Chief, or Governor or other person administering the government of this province as hereinafter provided, be found at large or come within the said province, they or he shall in such case, be deemed and taken to be guilty of high treason, and shall, on conviction of being so found at large or coming within the said province without such permission as aforesaid, suffer death accordingly; provided always, that it shall and may be lawful for such Governor-General and High Commissioner, or, if there shall be no such GovernorGeneral and High Commissioner, then for the Governor-in-Chief, Governor, or other person administering the government of this province, acting for and in behalf of her said Majesty, so soon as it shall to him appear consistent with the peace and tranquillity of this province, by any act or instrument under his hand and seal at arms, to grant permission for the said Wolfred Nelson, Robert Shore Milnes Bouchette, Bonaventure Viger, Simeon Marchessault, Henri Alphonse Gauvin, Toussaint H.

X

Goddu, Rodolphe des Rivieres, Luc Hyacinthe Masson, Louis Joseph Papineau, Cyrile Hector Oc tave Côte, Julien Gagnon, Robert Nelson, Edmund Burke O'Callaghan, Edouard Etienne Rodier, Thomas Storrow Brown, Ludger Duvernay, Etienne Chartier, George E. Cartier, John Ryan the elder, and John Ryan the younger, Louis Perrault, Pierre Paul Demaray, Joseph François Davignon, and Louis Gautier, or any of them, upon giving such security for their future good behaviour and loyal conduct as the said Governor-General and High Commissioner, or if there shall be no such Governor-General and High Commissioner, as the Governor-in-Chief, Governor, or other person administering the govern ment of this province shall think fit, to return to this province and reside therein; and the said Wolfred Nelson, Robert Shore Milnes Bouchette, Bonaventure Viger, Simeon Marchessault, Henri Alphonse Gauvin, Toussaint Goddu, Rodolphe des Rivieres, Luc Hyacinthe Masson, Louis Joseph Papineau, Cyrile Hector Octave Côte, Julien Gagnon, Robert Nelson, Edmund Burke O'Callaghan, Edouard Etienne Rodier, Thomas Storrow Brown, Ludger Duver nay, Etienne Chartier, George E. Cartier, John Ryan the elder, and John Ryan the younger, Louis Perrault, Pierre Paul Demaray, Joseph François Davignon, and Louis Gautier, or such of them as shall receive such permission as aforesaid, shall not thenceforth be subject to any penalty or prosecution whatever for any treason or treasonable or seditious practices by them or him at any time herefofore committed; provided also, that in any indictment for being

so found or coming within the pro vince without such permission as aforesaid, the burden of proof of having obtained such permission of the said Governor-General and High Commissioner, Governor-inChief, Governor, or other person administering the government of this province, shall lie upon the party accused or indicted thereof.

"And it is hereby further or dained and enacted, by and with the authority aforesaid, that nothing in any proclamation of her Majesty contained shall extend or be held or construed to extend to the cases of François Jalbert, Jean Baptiste Lussier, Louis Lussier, François Mignault, François Talbot, Aimable Daunais, François Nicolas, Etienne Langlois, Gideon Pinsonault, Joseph Pinsonault, or any of them, or to the case of any other person or persons charged with the murder of the late George Weir, a lieutenant in her Majesty's 32nd Regiment of Foot, or with the murder of the late Joseph Chartrand; nor shall François Jalbert, Jean Baptiste Lussier, Louis Lussier, François Mignault, François Talbot, Aimable Daunais, François Nicolas, Etienne Langlois, Gideon Pinsonault, Joseph Pinsonault, or any of them, nor shall any other per sons suspected of being concerned in the said murders, or either of them, nor any person concerned in the escape from the custody of the sheriff of Montreal of Louis Lussier, charged with the murder of the said George Weir, or who may have harboured the said Louis Lussier after, or aided him or advantage whatsoever from any in such escape, derive any benefit proclamation of her most gracious Majesty, nor shall any amnesty thereby intended to be granted be

taken in any way to apply to such person or persons, or any of them. "DURHAM.

"Ordained and enacted by the authority aforesaid, and passed in special Council at the city of Quebec, the 28th day of June, in the second year of the reign of our

sovereign Lady Victoria, by the Grace of God, of the united kingdom of Great Britain and Ireland Queen, Defender of the Faith, and so forth, in the year of our Lord, 1838.

"By his Excellency's command, "W. B. LINDSAY, Clerk Special Council."

COPY OF A PROCLAMATION ISSUED BY FHE EARL OF DURHAM ON THE 28TH OF JUNE, 1838.

"Province of Lower Canada. "DURHAM. "Victoria, by the Grace of God, of the united kingdom of Great Britain and Ireland Queen, Defender of the Faith. "To all to whom these presents shall come, or whom the same may concern, greeting:PROCLAMATION.

"Whereas province of Lower Canada hath been long disturbed by political dissensions, and was recently afflicted with rebellion and civil war, whereby it hath become necesary to sus pend the constitution of the said province, and to provide for the temporary government thereof by means of extraordinary powers conferred upon us by the Imperial Legislature; and whereas we are firmly resolved to punish, with the utmost severity, any future act of insubordination in our said province, and more especially to prevent in future, as far as in our power, the occurrence of dissensions similar to those by which our said province has been long disturbed as aforesaid, by effectually removing all causes of dissension, so that our said province may be established in peace as a loyal

and truly British colony; and whereas, in the exercise and in pursuance of the extraordinary powers as aforesaid, it hath been ordained and enacted by an ordinance this day made and passed according to law, entitled An ordinance to provide for the Security of the Province of Lower Canada,' that it shall be lawful for us to transport certain persons named in the said ordinance to our island of Bermuda during our pleasure; and that if the said persons, or certain other persons also named in the said ordinance, who have withdrawn themselves from the pursuit of justice beyond the limits of our said province, shall at any time hereafter, except by permission of our GovernorGeneral of our provinces on the continent of North America and High Commissioner for the adjustment of certain important questions depending in the provinces of Lower and Upper Canada, or, if there shall be no such Governor-General or High Commissioner, by the permission of the Governor-in-chief or Governor or other person administering our government of Lower Canada, as provided in the said ordinance, be found at large or come within

« ForrigeFortsett »