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the reason was in no way concealed, that the non-compliance with this condition of the treaty was the failure of the United States to carry out the clauses by which congress had engaged to obtain restitution of their property to the loyalists. On all sides every difficulty was thrown in the way of doing justice to them, and in many of the states hatred and persecution were encouraged against them.*

The transfer did not take place until 1796.

As a proof of the feeling manifested at this period I append a report of the proceedings of a public meeting held on the 19th of May, 1783, in the neighbourhood of Albany, on the Hudson, as it appears in a journal of that city: "As Hannibal swore never to be at peace with the Romans, so let every Whig sware (sic) by the abhorence (sic) of slavery, by liberty of religion, by the shades of those departed Friends who have fallen in battle, by the ghosts of those our Brethren who have been destroyed on board of Prison ships and in loathsome dungeons, by the manes of a Hayne and other virtuous citizens whose lives have been wantonly destroyed, by everything that a freeman holds dear, never to be at peace with those fiends, the Refugees, whose thefts, murders and treasons have filled the cup of woe; but shew the world that we prefer war, with all its dreadful calamities, to giving to those self-destroyers (sic) of the humane (sic) species a residence among us. We have crimsoned the earth with our blood to purchase peace, therefore are determined to enjoy harmony uninterrupted, with (out) the contaminating breath of a Tory.

At a Meeting of the inhabitants of the district of Saratogo (sic) in the county of Albany, held on Tuesday, the sixth day of May, 1783, the following resolutions were unanimously voted and ordered to be published in the New York Gazetteer. Whereas in the course of the late glorious contest for liberty and independence, many persons residing in this and other of the United States, regardless of their duty, have basely deserted the cause of this country, and voluntarily joined the enemy thereof, to aid and assist in subjugating it to tyranny and slavery and progressing from one species of villany to another, these diabolical miscreants became the voluntary instruments of those barbarous massacres, in which neither age or sex (sic) or condition were spared, and in which the horrid spectacle was exhibited of harmless infants expiring on the mangled bodies of their butchered parents, and whereas, wretches so disgraced with infamy and crimes ought not to participate in the blessings of a free government

Resolved therefore. That if any person who hath voluntarily joined or attempted to join the late enemy of the United States, and who shall hereafter return to this District, such person will be treated with the severity due to his crimes and infamous defection.

Resolved. That if any such person has already returned since the first day of January last, and shall not remove before the tenth day of June next, he shall be treated in like manner as those who shall presume to return hereafter.

Resolved. That it be and it is hereby earnestly recommended to the Militia

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In the twenty years that had elapsed since the conquest, the fur trade had much increased. From the days of French rule it had been looked upon as the chief object of commerce, and control of it as the great end to be attained. It had languished during the war, but it rapidly recovered its activity, and during the few years preceding 1780 had been greatly extended. At this period the north-west trade was in the hands of the Montreal firms, who acted in concert in given proportions, without formal incorporation into a company. Whatever the relationship of these firms at this time, the celebrated North-West Company was formed only in 1784, when the connection was established for the period of five years.

The prospect of the transfer of the posts, incident upon the peace of 1783, gave much anxiety to those whose interests were connected with this branch of commerce, more especially as the description of the boundaries west of lake Superior was entirely fallacious. I have stated that the description was so at variance with all geography that it was valueless for practical use, although it was plain that it pointed out the locality selected. The fact was early made known to the government by Mr. Frobisher, a Montreal merchant of standing, who recommended that a survey should be immediately made. The only connection with lake Superior and the west was by the route known as the Grand Portage. Mr.

officers of this District in their several beats, to make diligent enquiry after such persons as are above described, and if any are found, to give notice to the Inhabitants of this District that effectual measures be taken for their expulsion.

Resolved. That we will hold in contempt any Inhabitant of this District who shall countenance, comfort, aid or abet any person who has voluntarily joined the Enemy or attempted so to do. *

By order of the meeting,

SAM'L BACON, Clerk.

On this subject McLean wrote to Haldimand on the 17th of June, "There, I believe, is very little doubt but that general Schuyler is the Principal Person concerned in these inflammatory Publications; he has been a large purchaser of the Confiscated Estates of the Loyalists." [Can. Arch., B. 103, p. 203.]

* [Can. Arch., B. 103, p. 183.]

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Frobisher represented that those engaged in the trade were desirous of knowing where the boundary was to be drawn, so that they might not be unexpectedly deprived of this line of communication, and that sufficient time would be given them to withdraw their property within British territory.

Mr. Frobisher stated that it was the intention of those interested in the trade to discover if possible another passage, unless the government should desire to undertake the exploration; and that if discovered, he hoped that the possession of the route would be granted in full right for seven years, as a reward for their enterprise. He recommended that a government post should be established at Point aux Pins, above Saint Mary's falls, to command the entrance to lake Superior, and on the ground of the utility to be derived from the establishment of a settlement at that point.*

Haldimand replied that it would not be prudent at that time to express any doubts regarding the boundary line, or to propose that a survey should be made, for in that case it would have to be jointly undertaken by both countries, and the proceeding would furnish an opportunity to the United States traders of obtaining a knowledge of the fur trade which they did not then possess. There was no doubt that the boundary would run through the chain of lakes. Haldimand cordially approved of the effort to obtain another line of communication to the lake of the Woods, and would give every encouragement in his power to the project; but nothing could be promised on his side until instructions were received from home.

Haldimand, with that quiet energy of character peculiar to him, despatched captain Daniel Robertson, of the 84th regiment, then in command at Michillimackinack, to examine with regard to a site for establishing a small garrison at the entrance to lake Superior, and to determine a fit position for a trading post on the north shore of the lake. Robertson reported that there was a good harbour at point Tessalon, on lake Huron, and that in a moderate way it presented certain * [Can. Arch., B. 75.2, p. 75, 19th of April, 1784.]

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POLITICAL AGITATION.

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conveniences. In a subsequent communication, he pointed out the advantage of establishing a carrying-place between lakes Ontario and Huron, by which the Niagara portage could be avoided.

Subsequently Haldimand informed Frobisher that he did not think himself authorized to give a grant, either of a new line of communication, if discovered, or an exclusive right for a limited time to trade by it, but that he would refer the communication to the home ministry.*

Allsopp, who had persistently opposed the government on all occasions, was on February the 14th suspended as a member of the legislative council, the proceeding being referred to England. The cause for this extreme measure was, that he was the open abettor of disloyalty. The right of entering on the journals a protest against the opinion of the majority was amply recognised, but it was maintained that it should not be exercised in the spirit and language of sedition; that it was an abuse of the privileges to vindicate and justify the persons who in 1775 openly joined the invading army of congress, or privately aided and abetted it. Further, the protest of a member should not contain contain unwarrantable insinuations defaming members who entertained opinions opposite to his It was for the violation of this principle that Allsopp

own.

was suspended.

Indeed, at this date there arose among the English-speaking population great political activity. It took the form of an agitation against the Quebec act. A strong opinion prevailed that its provisions would maintain the French Canadians as a people apart, and that it recognised as the established religion the Roman Catholic faith professed by the majority. Even in modern times this opinion has been advanced by several able men, who argue that the Quebec act was a mistake, and justify the view they take by the utterances of Masères. Masères' capacity must always

[This correspondence is given in full in the report of the Can. Arch., 1888, pp. 59-72.]

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exact respect, and his character was unblemished; but his strong prejudices bewildered his judgment.

The expedience of the general provisions of this act can be best determined by the inquiry, what other course was open to the imperial government. There was but one of two courses to be followed. To allow fair consideration to the great majority of the inhabitants, or arbitrarily to establish the English language and English law. It may safely be said, that neither the public voice of Great Britain, nor that of the old provinces, nor the feeling of the house of commons, would have admitted the policy of re-establishing Canada as a purely French province, to remain unchanged in its laws and form of government; to be held as if it continued to be la nouvelle France, which by the conquest it had ceased to be.

It must be borne in mind that the Quebec act has an origin totally distinct from all relationship with the revolutionary war. The theory is untenable, that its design was to create a counterpoise to the unquiet efforts perceptible in the British provinces, when fear of a French war had ceased. The sole design of the Quebec act was to establish law and order in the new province, and by the liberality and fairness of its provisions to induce the "new subjects" to be true and loyal to the new nationality entailed upon them.

With these considerations we may examine the second alternative, to make English the one language of the courts and of official life, and English law the one system of jurisprudence. The consequence would have been that to sixty thousand of the population the enactment would have been a continual persecution, and that it would have found favour only with some few hundreds of English-speaking residents of the cities whose theory of government was simply that it should be in accordance with their own opinions. It is indeed questionable, if persecution would have succeeded in the establishment of this arbitrary principle; it may even be safely said that so unjust an enactment could not have passed the house of commons, for it was in

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