James FitzGibbon manuscript, Glenbow Archives (M-9718-58) Return to list of other FitzGibbon family papers at Glenbow: www.glenbow.org/collections/search/findingAids/archhtm/moodieg.cfm#series4

First Narrative

[1 Top half of the page missing] of future good fortune.

When was threatened [words missing] France in 1796, the People of the South of Ireland [words missing] and my Father to show his loyalty enrolled his name and [word missing] name of my Eldest Brother and mine, although I was not then 16. In twelve months afterwards I drilled the Knight of Glin’s Corps of dismounted Cavalry being the only one in it capable, and on an augmentation being made to the Corps of one Serjeant [Sargent] and twenty men, the Knight sent to my Father’s House the Arms and Appointments for the Serjeant [Sargent] and conferred the appointment upon me.

In 1798 the first Lieut. of the Corps obtained a Company in the Tarbert Fencibles, then raising by Sir Edward Leplie, and he prevailed upon me to enlist with him having promised he would have me appointed pay Serjeant [Sargent] of his Company. In 1799 leave was given to the Men of the Regiment, then stationed in Poole in Dorsetshire, to Volunteer into certain Regiments of the line forming part of the Army intended for the invasion of North Holland, and I

[2 To half of the page missing]

[Words missing, lines ends with] isolated from [word missing] [Words missing, lines ends with] ed in disarming three of them when others [Words missing, lines ends with] only from behind a Sandhill came in my rear, [Words missing] by me, and seize and dragged me off with them – none of my own men having followed me in advancing as I had no doubt they would have done. By Virtue of the Convention which permitted our Army to leave Holland unmolested, I was with all the British prisoners taken during the Campaign, sent back to in January following.

In March 1801, the 49 th was embarked at Spit Head, as Marines, on Board the Fleet intended for the Baltic. The Grenadier Company to which I belonged embarked in the Monarch 74. At Copenhagen this ship had 210 Men killed and wounded before the Great Trekoner Battery, being the greatest number ever before known to be killed and wounded on Board a British Ship of War.

After the ratification of Peace in 1802 the 49 th was sent to Quebec,* {see the slip attached to this page}* where the landing Col. Brock appointed me Serjeant [Sargent] Major: and in September of the year following he

*I desire to add here, what did not occur to me when writing this narrative, namely, that after embarking for Quebec in June 1806, and having no longer any hope of obtaining a promotion by the casualties of War, I resolved to try for it by acquiring a more than ordinary share of Military knowledge, and by using it with untiring zeal and industry - I was on the soop of the ship in Deal Roads, and taking a farewell view of England, when I made this resolve, and immediately went below to the Serjeant [Sargent] Major and obtained a loan of the rules and regulations for the Field exercise of His Majesty’s Forces, and I studied it daily, when the weather permitted, in the boat which hung over the stern of the ship, and I made myself master of all the movements before we reach Quebec. I had reason afterwards to know that Col. Brock discovered my proceeding, and on the landing of the Regiment he transferred Serjeant [Sargent] Major to the office of Quarter Master Serjeant [Sargent] then vacant, for which he was better qualified, and appointed me Serjeant [Sargent] Major. I was then in my 22 nd Year.*

3 recommended me for the Adjutantcy [Adjutancy] about to become vacant by the resignation of Lieut. Lewis who resigned to Adjutantcy [Adjutancy] only, but as no vacant Lieutenantcy [Lieutenancy] occurred for more than two years afterwards the resignation could not be accepted and I could only act as Adjutant until February 1806, when Col. Brock obtained an Ensigncy for me, and in December of the same year I succeeded to the Adjutantcy [Adjutancy].

In 1812, when the American Government declared War against Great Britain, I prayed of Col. Vincent, who then commanded the Regiment, in Montreal, to let me resign the Adjutantcy [Adjutancy] only, and take the Command of a Company of one of the absent Captains, and he complied, and in a week I was, by Order of Sir George Prevost, placed at the head of a Company. I took this step in the hope that during the War I might be employed as a partisan which as Adjutant, I could not be.

In a few days after I was entrusted with the charge of 44 Batteaux laden with Military Stores for Kingston to be conveyed from Montreal over the Rapids of the Saint Lawrence, have the American Frontier close upon my left hand for more than 100 miles. This duty was most successfully accomplished.

In January 1813 I was sent from Kingston with Forty five Sleighs with Stores round Lake Ontario to the Niagara Frontier, and on my arrival there I was detached with the Company to the shores of Lake Erie, to the most distant Post on the Right of the army on the Niagara Frontier. In April being withdrawn to the Niagara River, below Fort Erie, and the navigation being then open, a of the American navy with a Party came upon one of the Islands in the River to shoot, when I managed to gain the Island in a Batteau with 12 men, unobserved, and captured them

(4) in number Six, being the Lieut. two Friends of his, and three Seamen. It was very trifling affair, but we being then all on the defensive and our means very slender, any successful act of aggression on our part, gave much animation to our men, and it was much talked of.

After the Americans captured Fort George on the 27 th May 1813, our whole Force retreated from the Frontier and retired on Burlington Heights, at the head of Lake Ontario, followed by the Americans. On the evening of the 5 th June L. Col (Sir John) Harvey now counselled Major General Vincent to turn upon the enemy at Stony Creek and attack them in their Camp. This was done on the following morning before day and both their Generals, Chandler and Winder, were taken prisoners with 7 other officers and 116 men and two Field Pieces, which we brought back with us to Burlington Heights.

The Enemy in the course of that day fell back from Stony Creek and I was much surprised that we were not immediately pushed forward by waggons and in every possible way to harass their retreat. But we were not for two days after, when we advanced a few miles only to the Forty mile Creek. This suggested to me the idea of praying to be employed in advance with a small Force to be moved about solely at my own discretion. I therefore on the 12 applied to Lt. Col. Harvey, he being Deputy Adjutant General, to have me so employed, and his first expression was, “most cheerfully. I have been looking around me for an officer to send in the advance but I did not think of you. Come to me in one hour with a written plan of your intended operations and I will be then ready to propose you to the General.” We did so and I marched at ten that night with 50 men, having during the day made up the Company’s accounts and transferred them

(5) to another officer – Selected my 50 Men from the several companies – and purchased a quantity of Fustian to make Shell Jackets, so that in one hour I could show fifty Red Coats at one point, and in another hour could exhibit 50 Gray Coats at another point. I purchased also three Cow Bells one for each of my Serjeants, [Sargents] to be used at night in the woods, near that enemy to guide us, when the Bugle, Whistle, or Word of Command might give an alarm which the Bells would not; Cows, with Bells hung to their necks, being everywhere found near and on the Farms.

For nine days I interrupted the communication between Fort George and Fort Erie, both being in the hands of the Enemy. On the 21 st June I pursued a troop of mounted men, Volunteers, under a well known Militia Colonel named Chapin. I sent some of my Militia men, who accompanied me as Guides, across section of the Country and they threw the planks off the Chippewa Bridge thus placing the mounted men, as it were, in a trap. But it so happened, that 150 Infantry coming from Fort Erie were also found in the trap when I closed upon the mounted men, and they (the 150 Infantry) escorted the mounted men back to Fort George – for I was obliged to decline the attack in open ground, having at the moment only 44 Muskets with me.

While they were, however, within what I have described as a trap, I approached a Village through which they had just passed and seeing a Dragoon’s horse at the door of a Tavern I stepped quickly towards the door in hopes of surprising the Rider and making him prisoner, that I may obtain information from him. When within 7 or 8 Paces of the door an Infantry Soldier came out and seeing me, he instantly presented his musket at me, but having my Fustian Shell

(6) on, over my uniform, I continued quietly advancing and said “Stop, my friend, don’t fire,” and he lowered his Musket down to the charging position. I continued and said “I advise you to go quickly away, for I have seen some British Soldiers in the Barn beyond” – and now being with spring of him I seized his musket and commanded him to surrender. He, however, held firmly on, and immediately there sprang from within the House the mounted man and presented his Rifle from behind to my shoulder, which I instantly seized with my left hand near the muzzle and placed it alongside the musket already in my right hand, and grasped both with both hands firmly. They pulled, and I held, and soon I found that I was strong enough to hold fast. Whereupon the mounted man drew my own sword and attempted to cut me over the head with it – but having it in his left hand (his right hand holding his rifle) he found he could not effectually so use it. He then grasped it as he would a dagger and raised his hand to stab me with it. I watched him carefully, intending to turn my body quickly and receive the point in the left arm if possible, when just as his arm was uplifted I saw the two hands of a woman seize his wrist and pull it, sword and all, behind his back. She then wrested the sword from him, and an old man who lived near coming up at the moment, we made the two men prisoners, and I hurried them away – for the Enemy’s Detachment was all the time near at hand, but screened from view by a small intervening piece of Woodland.

After the war was ended the Provincial Government, in compliance with my prayer, granted this Woman’s Husband 400 acres of land in 1816. And during the late Rebellion, strange as it appeared to me, one of her

(7) sons joined the Rebels and the sympathizing Americans who attacked Prescott in 1838, and he was taken prisoner with them, tried by a Court martial and sentenced to death with the others. I then inquired into his case, and finding some mitigating circumstances connected with his conduct, I obtained from His Excellency Sir George Arthur a full pardon for him. A statement of these latter particulars was inserted in the London times of August 1839. It gratified the loyal people of this Province to see the good conduct of this poor woman was so long remembered and so signally rewarded.

On the 24 th June, being in De Cou’s stone house at the Beaver Dam, at 7 in the morning, I heard a firing of Cannon and Musketry in the direction of Queenston. I mounted and rode forward quickly to ascertain precisely the scene of action; for there were three roads running in that direction, nearly parallel to each other, and I could not be certain upon which I should advance with my men. The Weather being sultry I desired to spare my men every unnecessary effort, and therefore took with me a Cornet of Provincial Dragoons then attached to me. We advanced upon a wrong road and had to cross to another, where I found some American Troops on the road, lining the Rail Fences, and engaged with the Indians who occupied the woods running parallel with the Road, distant about 200 yards. I sent the Cornet back to lead up my men, and before he returned the Americans quitted the road and retired from the Indians to an Eminence in a Field of full grown wheat, where they took up a position. Here I closely reconnoitered, and saw that they had Two Field Pieces, about a Troup of Cavalry, and in all I estimated their force between 600 and 700 Men.

The Firing by this time had nearly ceased

(8) the Indians having to creep thro’ the standing corn to come within range, and the guns occasionally firing into it, where the smoak (smoke) from the Indian Rifle appeared from time to time.

The Americans were about 14 miles from Fort George, several were lying before me on the Road and I thought it very probable that they considered themselves in desperate circumstances. To increase their fears, therefore, and after addressing a few animating words to my men, we ran at full speed about 150 yards across the Front of their position to the woods between them and Fort George, apparently to cut of (sic) their retreat. A discharge of Grape from the two guns passed through our ranks and cut the turf under our feet, but did not touch a man, and we quickly occupied the intended ground.

During this time I looked around anxiously for Major De Haren, who commanded a detachment of 150 men stationed within a mile of the spot where the Indians attacked the enemy. Where I was stationed was two miles distant from it, in fact nearly three miles, but, as I afterwards learned, Major De Haren, retreated six miles and I, with 40 men, including the Bugler and myself, advanced. Knowing that he might have been up with the Enemy before I could, and seeing that he was nowhere near, I soon gave up all hope of aid from him; and many of the Indians, about this time going away (fortunately in a direction where the enemy could not see them) I began to despair of capturing the Enemy’s Detachment. At length rather by way of jest than with any hope of success, I resolved on summoning them to surrender. With a white Handkerchief flying (which I always carried for such purposes) I advanced

(9) forwards the enemy’s guns, my Bugle sounding “the cease firing,” which, to my surprise and satisfaction, the Indians obeyed. Very soon an officer advanced towards me, also having a flag, and then, for the first time, I hoped for success. The negotiations ended by Col. Boerstler, the American Commander, agreeing to surrender, on condition of the officers retaining their Horses, Arms and Baggage, and the Volunteer Militia then with him being permitted to return to the United States on Parole.

During the negotiation I heard the name of Col. Chapin called out among the enemy and thus found my long pursued adversary was present. Altho’ delighted with the prospect of the surrender, I carefully suppressed all appearance of satisfaction, and asked Captn. McDowell, the officer who was sent to negotiate with me, if the Volunteers mentioned were not Col. Chapin and his mounted men? He answered that they were. I said, “ the conduct of that person and his Troop has been so bad among our Country People, plundering their houses and otherwise behaving ill, that I do not think him deserving of the honors of War”- and after a pause he added. “But I am aware that the Americans accuse us of stimulating the Indians to destroy you whereas we have ever used our best endeavours and almost always successfully, to protect you – therefore rather than give you any cause to think so upon this occasion I agree to that condition as well as to the others.” Then said Capt. McDowell “if you will send an officer to superintend the details of the surrender we will be ready to “receive you.” I inwardly thanked him for so promptly suggesting what I desired to do, and turned around to rejoin my men.

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The difficulty now with me was how to proceed. I had only an Ensign with me, and a Captain Hall of the Provincial Dragoons, who had arrived during the negotiations, having with him a Serjeant (Sargent) Corporal and 12 Dragoons, the first of our Dragoons ever seen in that quarter, and their arrival had an excellent effect upon the negotiation. At this moment, most unexpectedly appeared galloping up, Major De Haren, and a Colonel of the Militia with him. I would have given all I ever possessed that they had been 20 miles from me, fearing that they would rob me of some at least of the Credit of the capture. It became important to let Major De Haren know what had been already done and I requested of him to stop and hear it from me, but he most cavalierly answered, “You need not be alarmed, Mr. FitzGibbons, you shall have all the credit for this affair which you deserve.” I replied “I desire merely, sir, to make know to you what has been done that you may proceed accordingly.” But he would not stop His Horse, and Col Boerstler seeing us approach rode toward, and met us. I introduced them to each other and then Major De Haren began offering to Col. Boerstler certain conditions upon which he would accept his surrender!! In an instant I saw myself on the point of being robbed of my prize, and quickly stepped to the head of Major De Haren’s horse, on the near side, and laying my left arm and elbow on its neck and my head upon my arm – my face towards Major De Haren, so that my voice may reach his ear only and not Col Boerstler’s, I said in a most imperative tone “Not a Word, Sir, not another word! These men are my prisoners!” and stepping back I said, or rather exclaimed in a firm tone, “Shall I proceed to disarm the American Troops? and he could not help answering “You may.” I instantly shouted aloud “fall in the American

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Troops!” and to the American officers “Gentlemen join your Companies” all which was done most promptly, and Major Taylor, Col. Boerstler’s 2nd in command, asked me “How will you have the men formed, Sir, in File or in Column?” I answered “in File if you please”- for I desired to keep them in disorder as much as possible, and dreaded every moment that Major De Haren in conversation with Col Boerstler would, by some blunder, ruin all. The moment, therefore, that I saw 8 or 10 Files formed I loudly ordered “American Troops right face, quick march” – that I might drive Col. Boerstler and Major De Haren before me and prevent their conversing further together during the crisis. Immediately they were all in full march and as we approached where our men were formed, I stepped up to Major De Haren and asked “Shall the American Troops ground their arms here”? and I was answered in a harsh tone ‘No, let them march thro’ (between our men) and ground them on the other side.” Filling with indignation at this great folly, I thought almost audibly in words “what Sir! and when they do march thro’ and see our handful of men will they ground them then at your bidding? Instead of which I said in an impressive tone “Do you think it prudent to march them thro’ with arms in their hands in the presence of the Indians?” And immediately Col. Boerstler said, holding out his hand to Major De Haren, “For God’s sake, sir, do as that officers bids you” and harshly he said “do so.” I instantly turned round and loudly ordered ‘Americans Halt, Front, Ground your Arms!” and instantly it was done: I never saw anything more promptly done. Then the Indians sprang forth from their hiding places and ran towards the prisoners, and they, the Prisoners, full of terror, began to seize their arms again. The moment was extremely critical, and I sprang upon a stump of a tree and

(12) shouted aloud “Americans don’t touch your Arms: not a hair of your head shall be hurt” and I added, bombastic though it may appear “remember I am here”: the Americans stood still. And the Indians went among them taking possession of such articles of Arms and Accoutrements as please them, especially the Pistols of the Dragoons, but in all other respects with perfect forbearance and propriety.

To explain why I had such confidence in the Indians, I must go back and state that during the negotiations, all the details of which would be too long to give here, the American officers said to me “We depend upon you, Sir, as a British officer, to protect us from the Indians,” I answered. “I can only give you one assurance, and that is that the Indians must take my life before they shall attack you.” And I then ran to the chiefs, who were nearly all Cagnawagas [Caughnawaga] from Lower , and in French explained to them the conditions of surrender and prayed of them not to do anything contrary to the engagements I had made for I said “I would rather have you take my own life than have my faith with the Prisoners broken” – and they all held out their hands and shook mine and pledged themselves to observe all I had enjoined upon them.

After the Arms were grounded, and the Prisoners say that the Indians behaved themselves so orderly, I ordered “Right face,” quick march’- and the Prisoners having marched from the Arms and all being now safe I mounted my horse and rode to Major De Haren, and asked him if he had any special order for me – and, for the first time, he expressed himself in a civil tone and requested of me to ride on and join Col. Boerstler and his Friend Dr. Young, who were before us, and conduct them to De. Cou’s house which I did.

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And here I will state what I believe caused Major De Haren to conduct himself so strangely towards me as he did, namely, his having retreated from the scene of action instead of advancing as I had done: and afterwards witnessing my success he felt how the two proceedings might be contrasted, and he hoped thus to give a turn to the passing circumstances which might change their appearance more in his favor than the real facts would do.

Other proceedings were afterwards resorted to, to rob me entirely of what was due to me on this occasion: but I decline to state them from tenderness to the memory of the officers concerned who are long since dead. I was, however, afforded an opportunity soon after to plead my own cause before Major General Vincent, Sir James Yeo, and Lt. Col. A. Harvey, and justice was in part done me in a private letter to Sir George Prevost, for the letter of Lt. Col Bisshopp to Major General Vincent, afterwards published, wholly wronged me. His Royal Highness The Prince Regent was graciously pleased to bestow a Company upon me for this Service: And the Commander of the Forces, Sir George Prevost, wrote with his own hand a letter of thanks to me for it.

This American Detachment was sent by General Dearborn at the urgent entreaty of the Partizan, Chapin, to capture my detachment at the Beaver Dam, and thus put an end to the interruptions and annoyances I cause along their line – from Fort George to Fort Erie. The numbers captured were 23 Officers and 519 Non Commissioned Officers and Men, of whom 50 were dragoons, 30 of them mounted Militia men; one 12 pounder, one six pounder, Two ammunition Cars, and the Colors of the 14 th United States Infantry. The Indians killed and wounded, as Lt. Col. Boerstler told me, 56 Men, he himself being wounded.

I insert here a Copy of Note lately received by me from His Exy Sir John Harvey in which he very kindly & feelingly refers to what was done in those Days.

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Govt. House, New Brunswick Oct. 29 th –‘40

My Dear Sir

It will always afford me, as it has ever done, very sincere satisfaction to hear of your Welfare and of the high degree of esteem and respect which your Public and private worth appears to have obtained for you on the part not only of the authorities under which you have acted, but of the community in which you have lived.

I have not forgotten, nor am I capable of forgetting, how admirably you justified, my selection of you for a difficult and hazardous service – one from the able and successful accomplishment of which both the Country and yourself reaped Honor and advantage.

I thank you for the paper you have sent me – but more for the warm expression of your Friendly good wishes – accept mine for yourself and all your Family and believe me very faithfully Yours

J Harvey

Col FitzGibbon

On the 3 rd of July I projected two Acts of aggression upon the American territory one at Schlosser close to the Falls of Niagara and another at Black Rock near Buffalo. The following day, being the 4 th of July, I hope to surprise those Posts, after the usual drinking and carousingly by the Americans on their anniversary of Independence. The Enemy did not know that we had yet returned to our own Frontier opposite to those Posts, and if Boats could be found I resolved to attempt something.

In order to give Ensign Winder a chance of

(15) appearing in General Orders, I sent him down from near Fort Erie to Chippewa with a Note to any Militia officer he could find to form a party to cross and they did and brought over two officers and 8 Men, four Boats, a Six pounder, 57 stand of Arms, and many other stories. Sir George Prevost look upon it so favorably as to issue General Order upon it.

At the same time I was to cross to Black Rock, near Buffalo, and to burn Barracks and Block Houses for 5000 Men and a Nepel lying there, but I failed in procuring the Boats in time for that night. In two days after Lt. Colonel Bisshopp came up to me and told me that he desired to attack Black Rock, and had asked Major Gen. D. Rottenburgh for 300 Men, but the General would give him only 200, and he asked me if I thought this number sufficient. I smiled and said “I hope you will not be offended by my telling you that I am waiting only for Boats to attack it with less than fifty men.” He also smiled and said “then you think 200 quite enough,” and added “but you must not attack but wait until I return with the men and you shall accompany me.” He did return next day. He permitted me to arrange the plan of attack, to lead the advance, and to cover the retreat, if driven off. At two the following morning my four Boats led in a thick mist on the River. We were carried down a quarter of a mile below the point of debarkation our Boats being deeper in the current than we expected and had to pull up on the Enemy’s side. We were thus later than was intended. On landing all was yet enveloped in mist, but it was broad daylight. I knew that Col Bisshopp’s Boats would be carried still further down by the current than mine, for my men were select, and good Boatmen. If I advanced at once I saw that I must fight the Battle alone, and there were 150 Militia then in one of the Barracks. Nevertheless

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I advanced immediately but we were soon discovered and the Militia Men were under arms to receive us as we approached their Barracks. I advanced with a Flag to keep them quiet until the main body should come up. I was received by their Commander, Major Hall, close in from of his men and I summoned him to surrender – saying “I see you are the Militia and I do not wish to be killing the Husbands, Fathers, and Brothers of your innocent Families and you shall all be allowed to retire on Parole.” I spoke so loud as to be distinctly heard by every man, when soon, as I expected, they broke from their ranks and ran down the hill to the lakeside and home to Buffalo as fast as they could run. I said, “Stop you men Major Hall, this is quite irregular while negotiating under a Flag of Truce” but he answered “I cannot stop them, Sir.” Then I said “I will detain you as a prisoner.” My Bugler was standing by my side so that we were two to one. He replied “you see Sir, I cannot stop them” “I see it Sir” I said “and will not therefore detain you. You may retire,” and he did so.

Soon after Col. Bisshopp came up, and the Barracks, Block House, Nepel? were set on Fire and we sent, in 8 large Boats and Scows, two 12 pounders and a Six pounder, a large quantity of Provisions and Military Stores to our own side. This being nearly done I recommended Col. Bisshopp to order the men down to the beach to embark to return, but he said “No” that he would have carried off 400 Barrels of Salt which were piled on the Beach. The details of what followed I am unwilling to give, because it would be imputing blame to others and taking credit to myself. I will only add that we remained longer than was needed – were attacked by a body of Militia and Indians – about

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half of Our Force having been already sent back to our own shore with the captured Boats- the other half were driven to their Boats leaving behind a Captain and 15 Men killed and wounded, and having 27 killed and wounded in our Boats. Col. Bisshopp himself was wounded on Shore and carried to a Boat and received two wounds more in the Boat, of which he died in 5 Days after.

For no man fallen in Battle did I grieve so much as for him. He was a man of most gentle and generous nature, and was more beloved by the Militia, over who he was an Inspecting Field Officer, than any other who served in the Province during the War. But he wanted either experience or judgment and fell in consequence, in the prime of life, in the 28 th Year of his age.

In the Winter of 1813 my promotion transferred me to a Fencible Regiment in this Province: Col Baynes, Adjutant General to Sir Geo Prevost, who was the Colonel of it, having specially recommended me for a Company then vacant in it, without my knowledge and to my great disappointment. For I desired, exceedingly, to be left in the hands of His Royal Highness The Duke of York who, in 1801, had seen me when a Serjeant (Sargent) of Grenadiers, and been please to commend me to the special care of Col. Brock, and who, in all probability would have promoted me in a Regiment of the line, had it not been for this special recommendation. But Col. Baynes desired to have me in his own Regiment, and thus I was brought upon the Half Pay List by the reduction of the Fencible Regiment in 1816,

In this Regiment, the Glengarry St. Infantry Fencibles, I served on the Niagara Frontier again in 1814. During this Campaign Sir Thomas Pearson knew me best

(18) and gladly would I have him appealed to in my behalf. He was one of the very best officers we had in Canada, and I went to join his Brigade with strong feelings against him because he was side to be very overbearing. After a short acquaintance with him I found him to be a most valuable officer and a good soldiers firm friends. During this Campaign, altho’ a severe and harassing one, no opportunity was afforded me for any special service.

Immediately before the reduction in 1816, being then stationed in this City – then the Town of York - now Toronto, I was invited by the Adjutant General of Militia to accept an appointment in his office for which only £ 125 Sterling a year only was allowed. I accepted the office, but as my family than began to increase I left it in three years afterwards, in 1819, to act as a Land Agent which afforded me a better income. In 1821 the Adjutant Gen. again solicited me to return to his office, but I declined, unless he would obtain for me ten shillings sterling per day the same wages as the Senior Clerks in the other Departments received. He applied to Sir who summoned his council and an Order was made granting me that sum. Yet, strange to say, in one short year afterwards an Act of Parliament was passed making changes in the Department whereby I was raised up to the rank of Ast. Adjutant General, while at the same time fifty pounds per annum was taken from my salary. The details of this most cruel injustice are too many to be recited here, but this was done in order to obtain an increase of salary for the Adjutant General, who was, in fact, a most useless man, and therefore the Assembly would not increase his salary, but by taking the increase from other sources than the unappropriated revenue

(19) of the Province: and one of those Sources was my ten shillings per day. Then I was appointed Assistant Adjutant General by way of making me amends for the loss of income, thus putting me to increased expense to equip myself with uniform and appointments, and thereby doubling the injury done to me by lessening that income.

About this time, too, another act of injustice was done me. Before I returned to the office of the Adjutant General I had been appointed a Commissioner to administer the Oath of Allegiance, and on his asking me to return to his office he said I might continue to administer it in his office. To which I said that assuredly without such permission I would not return to it. Yet during the time he was endeavouring to procure from the Parliament an increase to his salary he hear that a Member had said there would not be much to do in his office, as much of my time was employed in administering the oath of Allegiance. Whereupon he went secretly to Sir P. Maitland and procured the issue of a new Commission in which my name was not inserted, and thus deprived that year of £ 75 and ever since of whatever the office would have produced, for the Fees varied from year to year. Sir P. Maitland’s own Secretary made this fact know to me on condition that I would not complain to His Excellency or make the transaction public, but trust to the future consideration of the Government in my behalf.

At length I could see clearly, that I was considered a fit subject to bear every burden which the self interest of those around me might prompt them to lay upon me for their own advantage or benefit, and that altho’ moving in the sphere of a gentleman they seemed to think

(20) that I ought to live upon the income of an inferior, as I had done in my early life. I soon found also that I was considered an unwelcome intruder among the Families holding office under the Provincial Government, and that in the race of competition unaided and alone I must exercise the most untiring energy to sustain myself. In 1826 I found myself £ 1600 in debt, a debt which began in 1806 when I obtained my first Commission. My outfit as an Adjutant then cost me £ 150 when I had not one shilling, nor could have had while a Serjeant (Sargent) Major, with i/E [?] per day? and my ration: and this Debt continued accumulating until that year. I then obtained leave to sell my half pay Commission and with the proceeds paid my Debts. But a growing Family with a slender salary, and the inevitable expenditure of my condition as a Magistrate and at the head of the Freemasons of the Province, and in many other capacities, I was again forced into debt. The Postage of my letters, alone, must have cost me upwards of One hundred pounds.

The details of the Civil Services I had the good fortune to render from the time since I was placed on Half pay would be much too long to insert here. The Riots I suppressed in this City, the Missions on which I was employed in distant parts of the Province, my labours during the Cholera, are in part borne testimony to by the letter of Sir John Colborne in 1836, by those of the Chief Justice and the Bishop of Toronto of 1839 and that of Lord Seaton of 1840. And above all I think I may point to the Votes of the Two Houses of the Parliament of as extraordinary evidence in my behalf – extraordinary that a Legislature composed of such discordant minds as this Legislature has hitherto been, should unite in an almost unanimous vote

(21) in my favour, one Member only in each house voting against the grant to me in one session only, and in turn other sessions voting for me unanimously.

When the Citizens of Toronto saw the injustice done me by Sir Francis Head, in his Despatch of the 19 th of December 1837, they held a public meeting and addressed Sir George Arthur praying that a grant of one acre of land in this city may be made to me, whereon they might build a house for me. The Land was not granted, nor until this day has one single advantage been bestowed upon one notwithstanding the efforts of the Legislature of the Province and the Citizens of Toronto.

Here follows the Proceedings in the Parliament and copies of several Letters vouching for me to which I will add the Narrative of the occurrences in December 1837. Inserting here, however, a declaration of my confident hope that His Excellency Lord Sydenham will avail himself of the earliest means in his Lordship’s power to afford me relief and to do me justice.

Government House Toronto 20 th January 1836

Sir:

With reference to your letter of the 12 th Inst: I am directed by the Lieut Governor to apure you that His Excellency is so fully persuaded of your zeal and active services while he has been in the Province that he has long been desirous of having an opportunity of conferring on you an appointment which might in some respects be more in accordance with your views and wishes.

His Excellency thinks it but due to you to express his thanks for your exertions on many occasions in the Public Service, and to notice the sacrifices which you have made of your time and health, in carrying on the various duties which you have been entrusted to discharge.

I am also to add that His Excellency will leave a copy of this letter with his successor, in order that your character and services may be made know to him.

I have the honor to be Sir Your Obedient Servant (Signed), Wm. Rowand

James FitzGibbons Esqr. [?]

Legislative Council Chamber Second Day of January 1838

Resolved – That the thanks of the Legislative Council be presented to Colonel FitzGibbon, late Adjutant General of Militia, and to the honorable Colonel MacNab, Speaker of the House of Assembly, for their distinguished services in the Province.

(Signed) G. Powell Clerk L.C.

Commons House of Assembly 23rd January 1838

Resolved Unanimously. That James FitzGibbon, Esquire, having rendered signal service to this Province in a

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Military capacity, on various occasions, when he was an officer of the regular Forces of the Empire during the late War with the United States of America, and subsequently in several civil capacities, and also very recently as Colonel of Militia on the breaking out of the Rebellion in the Home District, it is a duty incumbent on this house, to recognize by some public expression, his brave and faithful conduct, and to use such means as may be in its power to procure to be granted to him, by his Sovereign, some lasting token of the Royal Bounty, as an acknowledgement of the estimation in which those services are held by the people whom it represents. Resolved Unanimously – That this House do humbly address Her Majesty, praying Her Majesty, will be graciously released to grant to the said James Fitzgibbon Five thousand Acres of the waste lands of the Crown in this Province, as a mark of Her Majesty’s Royal Favor, for the honourable, efficient and faithful services of that Gentleman during a period of twenty six years.

Truly extracted from the Journal James FitzGibbons Clerk of Assembly

Upon these Resolutions was founded the joint Address of the two Houses to Her majesty. And with the Address the Lieut Governor transmitted the following letter –

Upper Canada Toronto 8 th March 1838 No 95

My Lord,

I have the honor to transmit to Your Lordship a joint Address to the Queen from the Legislative

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Council and House of Assembly of Upper Canada praying that Her Majesty would be graciously pleased to grant to James FitzGibbon, Esquire, five thousand acres of the waste lands for the Crown in this Province as a mark of Her Majesty’s Royal Favor for the Honorable, efficient and able services of that gentleman during a period of Twenty six years.

I beg leave respectfully but most earnestly to join in the recommendation and I can apure Your Lordship that a braver, a more loyal, and a more devoted servant than Colonel FitzGibbon cannot exist in Her Majesty’s Dominions.

In time of War as well as in peace he has admirably performed his duties, and I am confident that the boon which is solicited in his favor by the Legislature of this Province would be most gratefully acknowledged by Her Majesty’s loyal Subjects in Upper Canada.

I have the honor to be

(Signed) F.B. Head The Lord Glenelg. [?]

Government House Toronto 23 rd June 1836

Sir

I am directed by the Lieut Governor, as it is a matter in which you are particularly interested, to inform you that he has received a Despatch from the Right Honorable The Secretary of State acknowledging the receipt of the joint Address to the Queen from the Legislative Council and Assembly of this Province praying that a

(25) grant may be made to you of 5000 acres of the waste lands of the Crown, and stating that on its being laid at the Foot of the Horne, Her Majesty had been pleased to express Her gratification at the Honorable testimony borne to your Service by both branches of the Provincial legislature.

His Lordship adds that if it shall be the pleasure of the Two Houses to mark their sense of your Services by a pecuniary grant, it will afford “her Majesty much satisfaction to give her assent to any act which may be passed for that purpose – but that Her Majesty’s advised that consistently with the provisions of a recent Act on the subject of the alienation of the waste lands of the Crown and on the principles on which that Act proceeds Her Majesty could not make you the proposed grant of Land.

I have the honor to be Sir Your most obedient Humble Servant

(Signed) Wm Macaulay

Colonel FitzGibbon [?]

London 23 Sackville Street 16 th August 1839

My dear Sir,

I have received from Chief Justice Robinson a letter which I enclose in the hope that it may be useful to you in the present crisis of your affairs.

I concur most heartily in the statements it contains and shall have much pleasure in adding my testimony at any time to their correctness as well as to the great satisfaction with which any measure on the part of Her Majesty’s Government to reward your valuable services would be received in Upper Canada

I remain my dear Sir With great regard Yours Sincerely John Toronto

Col. FitzGibbon

Brighton 14 th August 1839

My dear Bishop

I think Col. FitzGibbon may feel apured that the government has a just sense of his faithful and valuable Services. If I had any doubt of this, I would most readily repeat in writing what I have already taken occasion to say to the Secretary of State on that subject.

During the many years that Col. FitzGibbon has resided in Upper Canada, his resolute character, his ardent loyalty and his active and intelligent mind have led him, and have enable him to render important service to the Government and to the Provinces, and on several occasions when I think it would have been difficult to find anyone else who could have discharged the same duty so efficiently.

With regards to his services in December 1837, I have no doubt, and I should be happy to state this on any occasion where it could be useful to him, that his earnest conviction before the outbreak, that violence would be attempted and the measures of precaution which he spontaneously took, in consequence of that impression, were the means of saving the Government and the loyal inhabitants of Toronto from being for a time at least at the mercy of the Rebels, and I believe

(27) that the disasterous consequence would have followed, the surprise which Col. FitzGibbons’s vigilance prevented. His conduct also when the crisis did arrive was most meritorious. The Legislature has shown a strong sense of this service and a great desire to reward it, and I am persuaded that no one would receive more pleasure than the present Lieutenant Governor of Upper Canada, and his Predecessor from any measure of Her Majesty’s Government which should have the effect of recompensing Col. FitzGibbon in such manner as may be most agreeable and useful to himself.

If this letter can be of any use to Col. Fitzgibbon you may allow him to make any use of it he may desire.

I am, my Dear Bishop Yours very faithfully (Signed) We. B. Robinson

The Right Rev. The Bishop of Toronto

(Copy)

Sydneham Great Hampton, Devon August 30 th 1840

My dear Colonel,

I forward to you the reply of Lord John Rupell to my representation of your Claims and Services. You probably may be able to suggest to the Governor General some mode of complying with the intention of the Upper Canada Legislature in passing a Bill with a view of granting you a reward for your Service.

I acquainted Lord John Rupell that I presumed he had received a report of your conduct at the

(28) time of MacKenzie’s menaced attack of Toronto: that you had constantly exercised your influence among your Countrymen settled in Canada with great advantage to the public; and that the local authorities had made use of your influence in times of difficulty and danger.

I regret that my application has not produced a more satisfactory result; but I shall have great pleasure in being able to render you any assistance in my power.

I remain Very faithfully yours (Signed) Seaton

Col. FitzGibbon.

(For a copy of Lord John Russell’s letter to Lord Seaton, which should have been inserted here, see the next page).

Govr. House Montreal 17 Dec. 1840

(Private) Dear Sir,

I have your letter of the 10 th Inst. which I shall consider as you wish in the light of a private communication and will therefore reply to it myself.

I really regret that it is not in my power to do so in a manner satisfactory to your or indeed to my own feelings – but I really possess no means by which I can relieve you from your difficulties. I should have been prepared as you are aware to sanction any moderate vote which the House of Assembly would have made last session in the place of the proposed grant of Land which I always felt could not be sanctioned at home of by me – That the latter course was adopted and the result has been of course, that there are not funds at the disposal of the Government out of which your case could receive assistance.

With regards to the temporary aid you look

(29) for in the payment of the sum to be returned to the purchasers of the Crown land I am sure that Sir George Arthur will afford you every facility which his duty will admit of.

Believe me, dear Sir Yours faithfully (Signed) Sydenham

Col. FitzGibbon

Copy Downing Street Aug 8 th 1840

My Dear Lord

I have received your letter recommending to me the case of Colonel FitzGibbon of Canada.

It was impossible that I could do otherwise than decline to sanction the grant of land which had been made to him by the Legislature of Upper Canada. - I should however be very happy to give my best consideration to any other mode of indemnification which might be suggested by the Governor General, in his behalf.

Believe me Yours Very Truly (Signed) J. Rupell

The Lord Seaton (For an account of the events which occurred in and near Toronto in December 1937, See the separate Narrative)

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Here I will briefly add, in relation to the occurrences in and near this city in Decr. 1837,that my early conviction that the malcontents in the home district would break out into open rebellion led me to urge upon Sir Francis Head the necessity of taking precautionary measures. But finding that he and the Executive councilors the Judges and the Crown Officers, with on single exception, namely the Honourable of the Executive Council, were incredulous and that no precautionary measures would be taken, I took such measures myself as led to the saving of the City on the night of the 4 th December 1837 - of the truth of this statement I can produce abundant testimony.

Had Toronto been taken by the Rebels on that night they would have obtained possession of six thousand stand of arms; of several pieces of Artillery, and of the Powder Magazine: and in the Banks they would have found upwards of (pound) 100,000 in gold and silver. With Toronto must have fallen all the Province to the North and West of it, at the least, which would have been overrun not only but the Rebels but also by the thousands of the basest of mankind from the neighbouring States, who would have robbed and plundered the inhabitants of all parties. It would have cost the British Empire thousands of lives and millions of treasure to have recovered the Province back again, if indeed it were worth the recovery after its devastation. For this service the Provincial Parliament has in three successive sessions, passes measures for my relief: and yet more than three years are permitted to lapse and the hand of the Executive government is not yet held out to me in any way to save me from sinking under the most painful embarrassments, which have been brought on by my sacrifices and my efforts for the public good, during a period of upwards of thirty years, that is, since I obtained my first commission in 1806.

Under these embarassments I must have recently sunk had not two noble minded men extended to me a sympathy too high to be

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Characterized by any words of mine: and also by the most generous aid from their own private means: without which I must have sunk beneath my burthens, and any aid from the Government would have been too late to serve me or to indemnify my family for my ruin.

I will add to this statement the expression of my deep disappointment that the Colonial Minister, did not, when I went to London in 1839 and prayed for it, order the then upset price of the 5000 Acres of land to be paid to me, in lieu of the land, out of the land Fund of the Province being ten shillings per acre, which would have amounted to £ 2,500.

And also I feel deeply disappointed that on no occasion has the Secretary of State permitted me to hope that he considered the British Nation indebted to me for the saving of this City and the consequent prevention of the lop and dishonor to the Empire which must inevitably have followed its capture by the Rebels.

I will conclude with a declaration that if I had been out of debt after these services were rendered, and the government had offered me a reward for them, I would firmly but thankfully have declined to accept it. For I desire neither honor nor riches, and I am filled with the conviction that the greatest number of evils which afflict mankind are produced by individual ambition and by individual covetuousness.[?] My wants, alone, compel me to accept what the Provincial Legislature have spontaneously solicited from me, for I never asked them to aid me; and not only to accept but to entreat and pray that the hand of paternal Government may be held out to sustain me, not only in rewards for the past but also that I may be enabled further beneficially to exercise the powers yet remaining to me, and with the addition of increased experience, and may I be remitted to add, with the advantage of the little hoard of good repute which hitherto, I trust, it has been my good fortune to have acquired.

Toronto March 1841 James FitzGibbon