REBELLION LOSSES BILL (CANADA).
RETURN to an Address of the Hunourable The House of Commons, dr.ted 11 June 1849 ;-/01',
"COPIES or EXTRACTS of the VOTES and PROCEEDIl\GS of the HOUSE of :\SSEMBLY of Canada. relating to the REBELLION LOSSES BILL."
Colonial Offirc, Downing·street, 1 \V 12 JUlie 184g. f B. H A E S.
EXTRACT from the VOTES and PROCEEDINGS of the LEGISLATIVE ASSEMBLY, of Tuesday, 13th February 1849. THE order of the day being read, for the House in Committee to take into consideration the necessity of establishing the amount of losses incurred by cer· tain inhabitants of Lower Canada during the political troubles of 1837 and 1838, and of providing for the payment thereof; , The Honourable Mr. Sherwood moved, that the said order of the day be postponed for 10 days, to give time for the expression of the feelings of the country.
EXTRACT from the VOTES and PROCEEDINGS of the LEGISLATIVE ASSEMBLY, of Tuesday, 20th February 1849. THE House resumed the consideration of the Honourable Mr. Sherwood's motion of Tuesday last, to postpone for 10 days the reading of " the order of the day for the House in Committee to consider the necessity of establishing the amount of losses incurred by certain inhabitants of Lower Canada, during the political troubles of 1837 and 1838, and of providing for the payment thereof," to give time for the expression of the feelings of the country. And the (luestion being put on the Honourable Mr. Sherwood's motion, the House divided :- Yeas :-Messieurs Badgley, Brooks, Christie, Crysler, Dickson, Gugy, Macdonald of Kingston, MacNab, Malloch, !\lacConnell, MacLean. Meyers, Prince, Robinson, Seymour, Sherwood of Brockville, Smith of Durham, Smith of Frontenac, Stevenson, Wilson-20. Nays :-Messieurs Armstrong, Attorney-general Baldwin, B~aubien, Bell, Solicitor.general Blake, Boulton of Norfolk, Boutillicr, Burritt, Cameron of Kent, Cartier, Cauchon, Chabot, Chaveau, Davignon, De Witt, Solicitor general Drummond, Duchesnay, Dumas, Fergusson, Flint, Fortier, Fournier, Fourquin, Guillet, Hall, Hincks, Holmes, Jobin, Johnson, Attorney general La Fontaine, La Terriere, Laurin, Lemieux, Lyon, Macdonald of Glengary, Marquis, McFarland, Merritt, Methot, Mongenais, Morrison, ~elson, Notman, Papineau, Polette, Price, Richards, Sauvageau, Scott of By town, Scott of Two Mountains, Smith of Wentworth, Tache, Thompson, Viger, Watts, Wetenhall-56. Sir Allan N. MacNab then moved, that the said order of the day be not now read, but that it be resolved, that no message having been received from his Excellency the Governor-general, recommending to this House to make provision for liquida ting the claims for losses incurred by the TE'bellious in 380. A Lower 2 VOTES or THE HOUSE or ASSEMBLY, CANADA,
Lower Canada, Juring the present session, this House has no authority to enter tain any such proposition. Yeas :-Messieurs Bado-Iey Brooks, Christy, Crysler, Dickson, Gugy, Mac- donald of Kingston,o MacNab, , '\lalloch, Mc C onne,11 M c Lean, 1"' rmce,. Robinson, Seymour, Sherwood of Brockville, Smith of Frontenac, Steven son-17. Nays :-Messieurs Armstrong, Attorney-general Bal.d~in, Be~ubie~, BelJ, Solicitor-general Blake, Boulton of, Norfolk, Bo.utJlher, Bur;!tt, CaI?~ron of Kent, Cartier, Cauchon, Chabot, Chaveau, Davlgnon, De \\ ltt, Sohcltor o-eneral Drummond, Dumas, Fergusson, Flint, Fortier, Fournier, Fourquin, Guillet, Hall, Hincks, Holmes, Jobin, Johnson, La Fontaine, La Terriere, Laurin, Lemieux, Macdonald of Glengary, l\larquis, l\lcFarland, l\/Ierritt, Methot, Mongenais, l\Iorrison, Nelson, Notman, Papineau, Polette, Price, Richards, Sauvageau, Scott of Bytowl1, Smith of Durham, Smith of 'Vent worth, Tache, Thompson, \riger, Watts, Wetenhall-54. The order of the day being then read, The Honourable Mr. La Fontaine moved, that this House do now resolve itself into a Cummittee to take into consideration the necessity of estab lishing the amount of losses incurred by certain inhabitants in Lower Canada, during the political troubles of 183i and 1838, and of pruviding for the payment thereof. The Honourahle 1\11'. Hincks, a member of the Executive Council, rose in his place, and informed the House, that llis Excellency the Governor-general, hcing acquainted with the purport of the said motion, gives his consent tbat the House may proceed thereon as they shall think fit. * The question being th('n put on 1\11'. La Fontaine's motion, it was agreed to unanimously. The House accordingly resolved itself into the said Committee; and after some time spent thereon, the Committee rose, reported progress, and obtained leave to sit again on Thursday next ;-to be then the first order.
EXTRACT from the YOTES and PROCEEDINGS of the LEGISLATIVE ASSDIBLY, of Tuesday, 27th February 1849. MR. HENRY SMITH reported the following resolutions passed in Committee, on Friday morning last :- 1. Rcso/ved,-That on the 28th day of February 1845, an humble Address was unanimously adopted by the Legislative Assembly of this Province, and by them presented to the Right honourable Charles Theophilus Baron l\letcalfe, thc then Governor-general of the same, praying" That his Excellency would be pleased to cause proper measures to bc adopted, in order to insure to the inhabitants of that part of this Province, formerly Lower Canada, indemnity for just losses by them sustained during the rebellion of 1837 and 1838." 2. Resolved,-That on the 24th day of November 1845, a Commission of five persons was, by his Excellency the said Governor-general, duly appointed to inquire into such losses, arising from and growing out of the said rebellion. 3. Resohxd.-That it appears by the Report of the said Commissioners, dated the 18th day of April 1846, " That the want of power to proceed to a strict and regular investigation of the losses in question, left the Commissioners no other resource than to trust to the allegation of the claimants, as to the amount and nature of their losses." 4. Rf.solved,-That on the 27th February 1846, a letter was addressed to the said Commissioners by the Honourable the Secretary of this Province, by urder of the Right honourable Charles I\Jurray Earl Cathcart, the then Administrator of the Government of the same, stating, "That the object of the Executive Goyernment in appointing the said Commission, ,"as merely to obtain a oeneral estimate of the Rebellion Losses, the particulars of which ::;hould form tlle sub. ject of more minute inquiry thereafter, under legislative authority." 5. Resolved,
• ]}/m:qi11fl1 "Yole I.y J[r. F. Hillcks.-The actual words were, "recommends it to the favourable consider ation of the lI~us~." Tlwy are so recorded ~n the .Journa)s. hut the cup~' for the I'l"intel"s lla~in~ been hastily prepare.! I", a JUlllor clerk, he adopted the "rong fonn. Then' ,,"iI" sOllie c1 ,,'U-oWll alJuut It III the Huu.e but all were satisfied that the llIe,,,'::;~ was pn'pcrly deliycrcd.-J. If. ' RELATING TO THE REBELLION LOSSES BILL. 3
5. in order to redeem the pledrre ,."iYl'1l to the sufferers of Resolved,-That ~ ,.., snch losses, or their bOlld fide creditors, assigns or ayant droit, as well hy the said A?d;ess of the said Legislative Assembly, aud the appointment of the said Com mISSIOn, as by the said letter so addressed by the Honourable the said Provincial Secretary, it is necessary and just that the particulars of such losses, not yet paid and satisfied, should form the subject of more minute inquiry under legislative authority; and that the sai,l losses, so far only as they have arisen from the total ?r partial unjust. unnecessary or wanton destructions of' the dwellings, build ll1gs, property and eflects of the said inhauitallts, amI lIy the seizure, taking or carryillg away of their property and effects, should Le paid and satisfied; provided that none of the persons wllo have 1)(,l'1I convicted of high treason alleged to have been committed in that part of this Provillce, formerly Lower Canada, since the 1st day of ~0Y<'11l1)('r }t-,:l7, or who, having been charged with high t]'('a:'ol1, or other ofl'cllces of a trcasonable nature, aBCI having' lIlTll committed to the clI"tndy of the Sheriff in the g-aol of Montreal, sul;lI1itt"d tIICIIl:'l'lw" to tile \\ill and pleasure of Her Maje:3ty, and \rUl' thereupon transported to Hl'r i\Iajl':'ty'S Island of' Bermuda-shall be entitled to any indenmity for los,;c:-; sllstaillell during or after the said rebellion, or in Couse tj UCUCl' thereof. 6. Rcsoh:cd,-That tllCre should be issued, for such purpose, lJ,.!Jelltures to the amount. of 100,000 I. eurreucy, payable out of the cOllsolidatell renmue fund of this Province, at or within :20 ~'l'ars after the date thereof respet'tively, and hearillg interest at the rate of six pl'I' cent., payable out of the said fuud, on such day in eaeh ycar a" shall Ill' tll<'J'eiu specified. 7. Rcso/tw/,-That the holder of any debenture isslled uncleI' the autllOrity of the Act passed in t!Je ninth year of Her Majl':'ty's reign, intituled, "An Act to provide for the Payu1<'lIt of certain Rebellion Losses in Lower Canad,l, and to appropriate the Proceeds of the Marriage Licence Fund," should be entitled, on any day on which the interest on s\leh delJenture is payallle, to have thc same exchanged for a debenture for a like amount, to he issued nnder any Act to be jla~,,('d for carrying into efleet the al,oYc resolutions; amI tbat tile interest then payable on such debeuturc should at the same timc be paid out of tile said consolidated rev~nuc fund; and that the proceeds of so much of that portion of the marriage licence fhud, ari:oillg'iu Lower Canada, as shall not be required to pay ott' the principal and interest of any unexchanged debenture, should form part of the :-aid l'oll":fllidalecl revenue fuud. Hon. Mr. La Fontaine moved, that the question be now separately put on each of the said resolutions. 1\11'. Chauvcau moved, in amendment, that the said resolutions be re-committed, with the view of lea viug Ollt the proviso contained in tit, ~ .Hit resolution; and tllC House having continued to sit till after 1:2 o'dock on \~. ednesday morning:
\\Te The four first resolutions were then agreed to. Yeas :-Messieurs Armstrong, Attorney-general Baldwin, Beaubien, Solicitor general Blake, Boulton of Norfolk, Boutillier, Burritt, Cameron of Kent, Cartier, Cauchon, Chabot, Chauveau, Davignon, De Witt, Solicitor-general DrummonJ, Duchesnay, Dumas, Egan, Fergusson, Flint, Fortier, Fournier, Fourquin, Guillet, Hall, Holmes, Johnson, Attol'lley-general La Fontaine, La Terriere, Laurin, Lemieux, Lyon, Macdonald of Glengary, McFarland, Merritt, Methot, Mongenais, Morrison, Nelson, Notman, Papineau, Polette, Price, Sauvageau, Scott of By town, Scott of Two Mountains, Smith of Wentworth, Tache, Thompson, Viger, Watts, Wilson-52. Nays :-~Iessieurs Badgley, Brooks, Cayley, Christie, Crysler, Dickson, Gugy, Macdonald of Kingston, l\Iac~ab, Malloch, McConnell, McLean, Meyers, Prince, Robinson, Seymour, Sherwood of Bro~kville, Smith of Durham, Smith of Frontenac, Stevenson-20. The fifth Resolution being again read, Honourable Mr. Cayley moved in amendment thereunto, to substitute the following :-" That Her Majesty having recently, in the exercise of the Royal prerogative of mercy, been graciously pleased to relieve from the penalties of their treason, those misguided men who rose in arms against their Sovereign in 1837 and 1838, this Houoe are of opinion, that no more fitting opportunity could be selected to secure to those brave men, who, true to their allegiance, risked life and property in defence of their country, ample pecuniary compensation for the lo~ses they ~ay have sustained: and th~t the 'part~culars of such losses not yet paId and satIsfied, form the subject of mmute mqUlry, under legislative authority for the purpose of satisfying the same." , Yeas :-Messieurs Badgley, .I.3rooks, Cayley, Christie, Crysler, Dickson, Gugy, Johnson, Macdonald of Kmgston, MacNab, Malloch, McConnell, McLean, Meyers, Prince, Robinson, Seymour, Sherwood of BrockviIle Smith of Frontenac, Stevenson, Wilson-21. ' Nays :-Messieurs Armstrong, Attorney-general Baldwin, Beaubien, Solicitor general Blake, Boulton of Norfolk, Boutillier, Burritt, Cameron of Kent, Cartier, Cauchon, Chabot, Chauveau, Davignon, De Witt, Solicitor-general Drummond, Duchesnay, Dumas, Egan, Fergusson, Flint, Fortier Fournier }<'ourquin, Guillet, Hall, Holmes, La Fontaine, La Terriere, Laurin: Lemieux: Lyon~ Macdonald of Glengary, .McFarland, Merr~tt, Methot, Mongenais, MorrIson, Nelson, Nolman, P?pmeau.' Polette, PrIce, Sauvageau, Scott of By town, Scott of Two Mountams, SmIth of Durham, Smith of Wentworth Tache, Thompson, Viger, Watts-51. ' Honourable Mr. Robinson moved, in amendment to the said resolution, that after. the word 'r Be.rmu~la," t~e followi.ng be in.serted :-" Nor any per!lon who \\'a~ m any manner ImplIcated m the SaId rebelhon, or who refused when called upon, to aid in suppl'es~ing it." ' Yeas:- RELATING TO THE REBELLION LOSSES BILL. 5 Yeas :-Messieurs Badgley, Brooks, Cayley, Christie, Crysler, Dickson, Gugy, Hall, Johnson, Lyon, Macdonald ~f Glengary, Macdonald of Kingston, MacNab, Malloch, McConnell, McLean, Meyers, Prince, Robinson, Seymour, Sherwood of Brockville, Smith of Frontenac, Smith of Wentworth, Stevenson, \Vilson-26. Nays :-~Ie~si('urs Armstrong, Attorney-general Baldwin. Beaubien, ~olicitor general Blake, Boulton of Norfolk. Boutillier. Burritt, Cameron of Kent, Cartier, Cauchon, Chabot, Chaveau, Davignon, De Witt, Solicitor-general Drummond, Duchesnay, Dumas, Fergusson, Flint, Fortier. Fournier, Four quin, Guillet, Holmes. ;\ ttorney-general La Fontaine, La Terriere, Laurin. Lemieux, l\Ic Farland, l\lerritt, Methot, Mongenais, Morrison, Nelson, Notman, Papineau, Polette, Price, Sauvageau, Scott of By town, Scott of Two Mountains, Smith of Durham, Tache, Thompson, Vig'er, \\"atts-46. Mr. "Tilson also moved, in amendment to the said resolution, that all the words after "Bermuda" be left out, and tht· following inserted :-" Nor any person who aided, as~i"tt-d or abetted tilt' said rebellion, sIJall be elltitled to any indemnity." Yt'a":-\fes,,il'urs Badgh-y, Brooks, Burritt, Cayley, Christie,Crysler, Dickson, Egan, Gug'Y, Hall, Johnson, Lyon, l\lacdonalJ of Glengary, l\lacdonalo of Kingston, l\IacNab, Malloch, McConnell, McLean, l\lt'yers, Prince, Robimoll. Seymour, Sherwooo of Brockville, Smith of Durham, Smith of Frontenac, Smith of \\T entwortlt, Stc'\'enson, \rilson-:.!:-:, Kay~ :-l\ll',;sil'urs Armstrong, Attorney-general Baldwin. Beaubien, ~olicitor general Blake, Boulton of 1'\ orfolk, Buutillier. Canwroll of Kent, Cartier, Cauchon, Chabot, Chauveau, Davignon, De \\' itt, ~olicitor-gen('ral Drum mond, Duchesnay, Dumas, Fergusson, Flint, Fortier, Fournier, Fourquin, Guillet, Holmes, Attorney-ge1H'ral La Fontaine, La Terriere, Laurin, Lemieux, l\fcFarland, l\Ierritt, Mongenais, l\lorri"oll, Nd~OlI, Kotman, Papineau, Polette, Price, Sauvageau, Scott of Bytuwn, :-leott of '1'\\ 0 :\lulIlltaills, Tache, Thompson, Viger, 'Vatts-H. 1\11'. Prince then moved, in amendment to the said resolution, to slIhstitute the followinO" :- " 'J hat this House, most solemnly and unequivocally prote;o:tillg against. any measure that has for its object, or that ran directly or indi\'idually result iiI indemnifying for los;;('s those who were engaged ill 01' countenanced the late rebellion, is of opinion, as well as oesirous, that the loyal SlI hjects of Her Mi\iesty, and no others, in Lower Canada, ,,11111110 II(' in~emnifit'd for til{' just losses they sustained, but that such losses should be paId by Lower Canada alone, and from her own local resources; and that Upper Canada and the con solidated revenue fund of the Province should be wholly and entirt']yex('mpt from the burthcn of any portion of those lo,;"t,,,; becaus(' It would, in the opinion of this House, be the heig'ht of injustice to sadole UPOIl Up!,!'!' Canada, ano especially the \Vestern Districts thereof, with any part. ()f these ios,:t's. there havinO" been no rebellion nor even any symptoms ot rebelholl there; it lwin o', on the cgntrary, a fact that the peaceable inhabitants along that frontier \\e)'~ the victims of various inva,;ions, thereby suffering serious injuries and heavy losses, arising out of the rebellion in Lower Canada (ano instig';dt,t! by elllissaries and refugees from that section of the Province) ; and becau>,c such just losses as have been made O"ood to those loyal subjects in l l pper Callacia who suffered l.IV reason of their m:nly defence o( the Crown auo their Sovereigu's rights, th~ British constitution and the laws of the land, and who. had become sufferers througll the disloyal and disaffected in the Lower Provlllce, were uobly ano gellerously defrayed by Upper Canada from her own local resources. And, further, that this House, considering the vast importance of the measure (both ill a political aIJd moral view) as now proposed by the present administration, and embraceo in the original resolutions, and the sudden and pe~uliar mode of introducing it, by which the country has been taken by surpl'lse, and also considering the impoverished and embarrassed state of the finances of the Province generally, which has put a "top to our public improvements so much required, is of opinion that this measure ought not to be further proceeded with until a direct appeal has been made to the people, and their voice expressed in a propel' constitutional manner." 380. A 3 Y t',l.'-; ;- 6 VOTES OF THE HOUSE OF ASSEl\1BLY, CANADA, Yeas :-Messicurs Badgley, Brooks, Cayley, Christie, Crysler, Gugy, Mac <.Ional<.l of Kingston, MacNab, ;\falloeh, McLean. Meyers, Prince~ Robinson, Seymour, Sherwood of Brockville, Smith of Frontenac, Stevenson-17. Nays :-Messieurs Armstrong, Attorney-general Baldwin, Beaubien, Solicitor gelleral Blake, Boutillier, Cameron of Kent, Cartier, Cauchon, Chabot, Chauveau, Davignon, De Witt, Dickson, Solicitor-general Drummond, Duchesnay, Dumas, Fergusson, Flint, Fortier, Fou:nier, Fourq~in, Guill?t, Hall, Holmes, Johnson, Attorney-general La Fontallle, La TerrIere, Laurm, Lemieux, Lyon, Macdonald of Glengary, McConnell, l\IcFarland, Merritt, l\lethot, Mongcnais, Morrison, Nelson, Notman, Papineau, Polette, Price, Sauvageau, Scott of By town, Scott of Two Mountains, Smith of Durham, Smith of Wentworth, Tache, Thompson, Viger, Watts, Wilson-52. The fifth resolution was finally agreed to :-- Yeas :-Messieurs Arm3trong,' Attorney-general Baldwin, Beaubien, Solicitor general Blake, Boulton of Norfolk, Boutillier, Cameron of Kent, Cartier, Cauchon, Chabot, Chauveau, Davignon, De Witt, Solicitor-general Drum mond, Duchesnay, Dumas, Egan, Fergusson, Flint, Fortier, Fournier, Fourquin, Guillet, Hall, Holmes, Attorney-general La Fontaine, La Terriere, Laurin, Lemieux, Macdonald of Glengary, l\lcFarland, Merritt, Methot, Mongenais, Morrison, Nelson, Notman, Papineau, Polette, Price, Sauvageau, Scott of By town, Scott of Two 1\1 ountains, Smith of 'Ventworth, Tache, Thompson, Viger, \Vatts-48. Nays :-Mcssieurs Badgley, Brooks, Cayley, Christie, Crysler, Dickson, Gugy, Johnson, Lyol1, Macdonald of Kingston, MacNab, Malloch, McConnell, McLean, l\!c'yers, Prince, Robinson, Seymour, Sherwood of Brock ville, Smith of Durllam, Smith of Frontenac, Steyenson, Wilson-23. The sixth resolution being' again read, Honourable l\Ir. Cayley moved III amcndment thereto, to substitute the following: - " That authOi"ity should be gi ven to the Governor-general and Council to issue debentures to the amount of £. or such lesser sum as may be sufficient for the purpose, papble out of the tavern licences of that part of thc Pro vince formerly called Lower Canada, at or within 20 years from the date thereof respectivcly. and bearing interest at the rate of six per cent. payable out of the said licences, on such day and in such year as slJall be therein specified. Yeas :-Messieurs Badgley. Brooks, Burritt, Cay ley, Christie, Cry~ler,Dickson, Gngy. Jolmson, l\Iacdonaldof Kingston, MacNab, Malloch, Maclean, :Meyers, Prillce, Robinson, Seymour, Sherwood of Brockville, Smith of frontenac; Stevenson - 20. Na)s :-l\lessieurs Armstrong, Attorney-general Baldwin, Beaubien, Solicitor general Blake, Boulton of Norfolk, Bontillier, Cameron of Kent, Cartier, Cauchon, Chabot, ChauH.' EXTRACT from the YOTES anti PROlEEDI"'(;S of tlw LEGISLATIVE ASSBlnLY, of Friday, :!d l\b r{'h 1:-<4 H. lIoN. \IR. LA FONTAINE lIIond, that tIle Bill 1)(~ now rea(1 a ";I't'mlll time. ~ir Allan N. MacNab moved, in alllclIllnH'nt, to ]..;t\,(~ out all the \lords after H That," and aud t.he fl)llowill~;: .. Tht' Bill haYin~' 11t'1'1l introdll('I'd ill formally, and contrary to the 1'1111''';, uO'a~!;(',.; 011111 pr;l!'tit'I' III' Parliament, witll )'('';)lI't'1 to mOlwy grallt~. which 1'111(',.; Ilan' bcen d('\'i";t, EXTRACT from the VOTES and PROCEEDI:'olGS of the LEGISLATIVE ASSEMllLY, of Tuesday, Gtlt March IS-H>. THE HOllse went into committee on the Bill to provide for the illdt'mni fll:atilJll of partit,,,; in Low!'l' Canada whose property \las destroyc(l rIming the ]'(,l)('llioll in 1:';37 aIH11:-i38 ; and after some time i'rwllt thercoll, 1\lr. f>aviglloll reported, that the committee had gone througIt the Bill and made amellllmcllts t.hereuIlto. l\Ir. ~peaker having put the question, Shall the report be now received? the HOllse divided :- Yl'as: Messieurs Armstrong, Attorney-general Baldwin, Beaubien, Bell, Solicitor-general Blake, Boulton of Norfolk, Boutillier, Cameron of' 1\>)]t, Cartier, Cauchon, Chabot, Chauveau, Davignon, Dc Witt, Solicitor-g'l'lIeral Drummond, Duchesnay, Ferg'usson, Flint, Fortier, Fournier, Fomquill, Guillet, Hiucks, Hohnes, Jobin, AUonwy-g;l'lwral La FontainE', Lemit'ux, Marquis, \IcFarland, ~Ierritt, :'Ill'th,)t, :\I;III'g'('lIai,;, ?\lorrisoll, Nelson, Not man, Papineau, Polette, Price, Sauvagcau, ~cott of Two i\Iountains, Tache, TllOmpson and Viger-43. Nays: Messieurs Badgley, Boulton of Toronto, Cayley, Christie, Crysler, Gugy, Johnson, Macdonald of Kingston, Sir Allan N. MacNab, 1\1alloch, 2'IcConnell, McLean, Meyers, Robinson, Seymour, Sherwood of Toronto, Smith of DlLrham, Smith of Frontenac, and Stevenson-I!). The report was then received, and the amendments rC<1d. Hon. :\11'. La Fontaine moved, That the question be now put separately upon ('ach of tile' said amendments. A4 Sir 8 VOTES OF THE HOUSE OF ASSEM BLY, CANADA, Sir Allan K. MacKab moved an amendment, To leave out all the words after "That," and add the fullowing: "The said Bill be re-committed, with the view of making to it the following amendments :- Pages 2 and 3; leave out the 1st and :lei clauses. Page 4, clause 7, line 26; after the words "tha~ r," ins~rt " bear. an? bave always borne true allegiance to Her Maj~sty, and dId n~t d.lrectly or Illdlrectly take part in the unnatural rebellion agamst Her authonty m the year ~837 or 1838, or at any other time, nor did I aid or abet any person or persons III such rebellion, or refuse or neglect to do my utmost endea\'ours to put down the same; and I swear that 1". Page 6; leave out Dth clause. Clause 11 ; leave out from" subjects," in the 36th line, to " in them," in the 3 '; til line inclusive, and insert" loyal subjects in." Page 7, clause 13 ; after the word "claim," in the 3d line, insert" And no claim shall be received by the said Commissioners unless they shall be satisfied bv the oath of the claimant, or of some competent witness or witnesses, that the claimant, or if he be dead the party for whose losses compensation is claimed, is or was a subject of Her Majesty, and did not, directly or indirectly, take part in the unnatUl'al rebellion in the year 1837 01' 1838, or aid or abet any pl'r~ons concerned in such rebellion, or refuse or neglect to do his duty as a loyal subject to put down the same." Line 30; leave out f!'(lm " respecti n.Jy," to the end of the clause. Page 2, Preamble; leave out from" authority," in line 8, to the end of the Preamble, line 32, and insert, "to the end that, after a report stating' the result of such inquiry shall have been submitted to the Governor of this Province by the Commissioners appointed to make such inquiry, and shall by the Governor have been laid before both Houses of the Provincial Legislature, provision may be made for the payment of such of the said losses as shall have been sustained by loyal suhjpcts of IIt'r Majesty who have not heretofore received compensation for the same." Yeas :-Messieurs Badgley, Boulton of Toronto, Cayley, Christie, Crysler, Gugy. Johnsun, Macdonald of Kingston, Sir Allan N. MacNab, Mailoch, McConnell, McLean, :Meyers, Prince, Hobinson, Seymour, Sherwood of Toronto, Smith of Durham, Smith of Frontenac, and Stevenson-20. Nays :-Messieurs Armstrong, Attorney-general Baldwin, Beaubien. Bell, Solicitor-general Blake, Boulton of Norfolk, Boutillier, Cameron of Kent, Cartier, Cauchon, Chabot, Chauveau, De Witt, Solicitor-general Drum mond, Duchesnay, Fersusson, Flint, Fortier, Fournier, Fourquin, Guillet Hincks, Holmes, Jobin, Attorney-general La Fontaine, La Terriere, L;' mieux, Marquis, Merritt, Methot, IVIongenais, Morrison, Nelson, Notman Papineau, Polette, Price, Sauvageau, Scott of By town, Scott of Two MQun~ tains, Tache, Thompson, and Viger-43. So it passed in the negative. Hon. Mr. Sherwood moved, in amendment to the main question, to leave out all the words after" that," and add the following: "The said BilI be re committed for the purpose of moving the following amendment: That all after the word' whereas,' in the first line of the preamble be left out, and the following inserted:- On the 28th day of February 1845, an humble address was adopted by the Legislative Assembly of this Province, and by them presented to the Right honourable Charles Theophilus Baron l\letcalf, the then Governor-general of the same, praying, 'that his Excellency would be pleased to cause proper measures to be adopted in order to ensure to the inhabitants of that part of this Province, formerly Lower Canada, indemnity for just losses by them sustained during the rebellion of 1837 and 1838:' and whereas the term 'just losses' me?nt, an~ wa.s intend~d to n:ean, the losses of such persons who upon that oc caSIOn mamtamed thell' allegIance to Our Most GracIOUS Sovereign, and not of such as were in any manner implicated in the said unnatural rebellion' and whereas in pursuance of the said. address, a Commiss~on of five persons w~s, on the 24th November 1845, by IllS Excellency the Sald Governor-general duly appointed to inquire i~to the !osses sustained by Her Majesty's loyal subjects of L~wer ~anada aforesaId, du~mg th~ late u~natural rebeIlio~ which unhappily CXIste~ III that part of t~1C Said Provmce of Canada, and grovnng out of the said rebellIon: and whereas It appears by the report of the said Commissioners, dated the RELATING TO THE REBELLION LOSSES BILL. 9 the 18th April 18·lr., that' the want of po\Y\'r to proceed to a strict and reO"ular • investigation of the lo;:"'l',-; in qllestion, left tbe Commissioners no other ],l'~gurce than to trust to the allegations of the complainants a~ to the amollnt. and nature of their los~I';::' and wlwn'a;: in orti.,1' to intiemni(y tht' said loyal inha\)itants for such los~es, it is HI'CI''':;il'.'' all(1 jllst. tllat the parti('ular": of such·lo.;s,',,:, notyd paid and satIsfied, should form tli(' sllhj,'Cl of mor(' minute ill The Hononrahle 1\11'. Robinson then mond, in amelldment to the main (jlW'"' tion, to leave out all the ""urds after" Tlmt," aud iW~'l't the follo\Yill!~: "tile Bill be re-committed forthwith for the pur}>ose of all~t'llIlilI:';' tIll' Pl't' Honourable ;\11'. Sher\\'oo(1 again moved, in amendment to the main question, to leave out all the \yords after " That," amI insert the following' :-" The Bill be re-committed, in orde!' to make the following amendment: '-,. That all after the word' Deuentures' in tlw 3d line of the I "t clause, to t!Je word ' at' in the 28th line, and also the following "-ords in the 41st line, ' payal.!c out of the said fund,' be expullged, and that the following ht~ adtled to the said ht clan,; .. at tllP end thereof: And provided al~o, that the said (klll'lItu}'('" shall I)c j",.llf,d on the security of, amI lIe made payable out of the proc('eds By town, Scott of Two ~10untains, Smith of \Yentworth, Tach{', Thompson, and Viger-47. So it passed in the negative. Mr. Christie tllen moved, in amendment to the main question, to leave out all the ,,'onls after" That," and add the following: "the Bill be re-committed for the purpose of inserting the followillg clause betwc.en t be loth and lIth clauses: Provided always, and be it enacted, that no clalln for any loss alleged to have becn ,,11~(;~illl'll ihrolwh or IJ" reason of the rebellions in Lower Canada, in 1837 and 1838, or of eitl~er of thcm, shall be entertained or investigated, unless the claim preferred 1)(;, on the representation thereof, accompanied by a written affidavit or attestation on oath of the claimant before the said Commis sioners, or some one of them, which oath they are, and each of them llcre];y is alltllOrized and required to administer, that he in no respect aided, abetted, joined, took part, nor directly or indirl~ctly participated in the said rebellions, nor in either of them; alld in the case where the claim preferred shall relate to the estate or sUC:l'l's~ion of allY deceased l)(:r~oll, and \"hose decease may have taken place since the l'l,l;dlion or outbreak in the year 1838, such claim shall not be enter tained nor inn'.tig-atl'd, unless it be accompanieu by an affidavit or attestation on oath of the legal representative, or of the neare,t relation of the deceased person with respect to whose estate or Sl\cel's~ioll such claim is preferred, or by some other respectable person resiJing in the parish, township or settlement, wherein the person may have resided durin!2," those rehellions, that to the best of til<' deponent's knowledge and belief, the dl'(·l'i1~ .. d person in whose name, or for w!Jo~c estate and ,1lCC'l'""iOIl the claim is preferred, took no part openly or covertly in either of the said rebellions, nor aided, abetted or joined therein directly or indirectl Y"" Yeas :-=--l\f('~~il'llr" Baugley, Boulton of Toronto, Cayley, Christie, Crysler, Gugy, Johnson, :MacdonalLl of Kin:.:ston, Sir :\llall N. MacNab, Malloch, McGonnell, McLean, :\Il'yer3, Prince, Robinson, Seymour, Sherwood of Toronto, Smith of Frontenac, and Stevensol1-19. Nays ;-Messieurs Armstrong, Attorney-general Baldwin, Beaubien, Bell, Solicitor-general Blake, Boulton of Norfolk, Bontillier, Cartier, Cauchon, Chabot, Chaveau, Davignon, De ~Witt, Solicitor-general Drummond, Du chesnay, Fergusson, Flint, Fortier, Fournier, Forquin, Guillet, Hall, Hincks, Holmes, Jobin, Attorney-general La Fontaine, La Terriere, Lemieux, Mar- f quis, McFarland, Merrit, Methot, Mongenais, Morrison, t\elson, Notman, Papine d~bentll~es chargeable on the consolidated revenue fund be issued under or by vIrtt~e ot any of the enactments or prm'i·;iulls in this Act cOlJtained, until the pu~hc de~t, for payIllcllt of.whi~h the said rcvellue fund is pledged, be fully and entIrely dl~('hargl'd and extlllg'lIlshed." leas :-M('s"i,'ul's B:lIlg'ley, Boulton of Toronto, ('ayln', Christie, GUQV, Macdonald of Kingston, Sir A. N. l\IaeNab, l\lalluch; l\ie('()lInell, l\lcLe~~, ~Iey('rs, Prince, RobillSOll, Seymour, SlIlith of DUrll;llll, Smith of Frontenac and Stevensoll-l" Nays: -l\,Ie,;~i('\lI''; Armstrong, Attorn('y-g"'II('l'al Baldwin, Beaubien, Bell, So\il'itor-p:"lwral Blake, Boultoll of A;,rI'ulk, Boutilli"l', Cameron of Kent, Cartier, C;lI[('IIIII1, Chabot, CII:lll\T:III, Davi,g'i1oll, De \ria, Solicitor-general Drummond, \)lIl'I[('"lIaY, l;\'l'gl1~~()II. Flint, FOltin, FOllI'JIier, Fourqllin, Guillet, Hall, Hinck",' Holllle,:, Jubin, Attorlley-gencral La Fontaine, La Ten'i~)'e, Lemieux, l\1a('(}ttis, McFarland, \/"lTitt, :\I(,thot :\/ol)O"'lIais l\Iorrison. i\l1'lson, l\otma1l, Papillcau, Polet Ie, Price, Ricl;artl,;, Scutt ui Byto\\'J1, ~mith of \\'('Ilt\\'orth, TaciJe, TllOmp,;fllI ami Viger-4.-,. So it passe(l in the negativL-. Honourable :\11'. Ciylcy movcd, in amendment to the main fJuestion, tu leave ont all the ,ron\" after" That," and add the following: " The Bill be forth with rc-committed, for the purpo~e of amcnding the same, byaddillg to the first enacting clause the following words: ' Provided always, that no debentures shall be issued under this .\ct, until all snms authorized to be rai~ed on the credit of the Province for the completion of public ,yorks and improvements, shall have been obtained.' " Yeas :-l\le"sieurs Badgley, Boulton of Toronto, Cayley, Christie, Gugy, l\Iacdonald of Kingston, Sir A. N. Mac~ab, l\Iallocb, :\IeC'onnell, J\lcLeau, l\Ieycl's, Prince, Robillson, Seymour, Smith of Frontenac aud Stevenson-- 16. Nays: - :\lc5~ieurs Armstrong, Attorll('y-g'·!lI·I'~tl Baldwin, Beaubien, Bell, Solicitor-general Blake, 13outillier, CIIIIl'rOIi of Kent, Cartier, Cauchon, Chabot, Chauveau, Davigllon, De \Vitt, Solicitor-gelleral Drummond, Duchesnay, Fergusson, Flint, Fortier, Fournier, FOllrquin, Guillet, Hall, Holmes, Jobin, Atto1'lley-general La Fontaine, La Terriere, Lemieux, Marquis, McFarland, Merritt, l\Iethot, l\1ongenais, l\Iorrison, Nelson, Notman, Papineau, Polette, Price, Richards, Sauvageau, Scott of By town, Scott of Two :\fountains, Smith of Durham, Smith of ,,-cntworth, Tache, Thompson and Viger-47. So it passed in the negative. Then the main motion was put, and agrecd ttl upon the following division: Yeas :-::\I,'ssieurs :\nnstron£;, Attorney-gelJeral Baldwin, Beaubien, Bell, Solieitor-gcller EXTRACT from the VOTES and PHOCEEDINGS of tile LEGISLATIVE ASSEMBLY, of Friday, 9th March 1849. AN engrossed Bill to provide for the indE'mnification of parties in Lower Canada, whose property was destroyed during the rebellion in the years 1837 and 1838, was read the third time. Honourable Mr. La Fontaine moved, tllat the Bill do pasi>. jSo. C Honuurable 12 VOTES OF THE HOUSE OF ASSEMBLY, CANADA, &c. Honourable Mr. Sherwood moved in amendment, that the following clause be added to the Bill, by way of rider, and do make part thereof:- " And be it enacted, that the said Commissioners shall, from time to time, at their discretion, or as often as they shall be thereunto required, and as soon as possible after the determination of their examination and proceedings by virtue of this Act, and without any further requis!tion, furnish an account of their proceedings in writing to the Governor-general; and that a copy of such pro ceedings be laid before the Legislature of this Province at the then next ensuing Session of Parliament, and that no debentures be issued under this Act until the said account of the proceedings of the said Commissioners be laid before the Legislature as aforesaid, for at least thirty days after its meeting, and before acted upon." Yeas :--Messieurs Badgley, Boulton of Toronto, Cayley, Christie, Crysler, Gugy, Johnson, Macdonald of Kingston, Sir Allan N. :VlacNab, Malloch, McConnell, l\Ieyers, RoiJinson, Seymour, Sherwood of Toronto, Smith of Frontenac and Stevenson-I 7. Nays :-Messieurs Armstrong, Attorney-general Baldwin, Beaubien, Bell, Solicitor-general Blake, Boulton of Toronto, Doutillier, Cameron of Kent, Cauchon, Chabot, Chauveall, Davignon, De Witt, Solicitor-general Drum mond, Duchesnay, Dumas, Fergusson, Flint, Fortier, Fournier, Fourquin, Hall, Hincks, Holmes, Jobin, Attorney-general La Fontaine, La Terriere, Le~ieux, Marquis, McFarland, Merrit, Methot, Mongenais, Morrison, Nelson, Notman, Papineau, Polette, Price, Richards, Sauvageau, Scott of Two Mountains, Smith of Durham, Smith of Wentworth, Tache, Thomp son and Viger- 47. So it passed in the negative. The Bill was then passed upon the following division :- . Yeas :-Messieurs Armstrong, Attornq-general Baldwin, Beaubien, Bell, ~olicitor-general Blake, Boulton of Norfolk, Boutillier, Cameron of Kent, Cartier, Cauchon, Chabot, Chauveau, Davignon, De Witt, Solicitor general Drummond, Duchesnay, Dumas, Fergusson, Flint, Fortier, Four nier, Fourquin, Hall, Hincks, Holmes, Jobin, Attorney-general La Fontaine, La Terriere, Lemieux, Marquis, McFarland, Merrit, Methot, Mongenais, Morrison, Nelson, Notman, Papineau, Polette, Price, Richards, Sauvageau, Scott of Two Mountains, Smith of Wentworth, Tache, Thomp son and Viger-47. Nays:- Messieurs Badgley, Boulton of Toronto, Cayley, Christie, Crysler, Gugy, Johnson, Macdonald of Kingston, Sir Allan N. McNab, Malloch, McConnell, Meyers, Robinson, Seymour, Sherwood of Toronto, Smith of Durham, Smith of Frontenac, Stevenson-I8. COPIES relating CEEDINGS REBELLION 380. Ortlered, or to EXTRACTS of by the The the REBELLION (Mr. LOSSES House HOUSE Under 1~ June of Hawes.) Commons of of 1849. 2 BILL ASSEMBLY LOSSES the oz. VOTES 10 (CANADA). be BILL. PTi7lted, of and Canada, PRO