James FitzGibbon manuscript, Glenbow Archives (M-9718-57)

In June 1812 being then Lieut. and Adjutant in the 49 th Rgt in Montreal, and War being then declared by the United States against Great Britain I requested of Col. Vincent then commanding the Rgt. to obtain leave for me to resign the Adjutantcy only and to give me the command of a company by order of the commander of the Forces, Sir George Prevost.

With the company I escorted the first Brigade of Batteaux from Montreal to Kingston over the Rapids of the St. Lawrence, having the American frontier for more than 100 miles close on my left hand.

In January following I was detached from Kingston with 45 sleighs with Military store to Kingston; and on arriving I was sent to an out Post on the shore of Lake Erie to find the Ice then firmly fixed from shore to shore. On the breaking up of the Ice I was withdrawn to the Niagara River in April, and posted at Frenchman’s Creek. Seeing a Party upon one of the Islands in the River at sunrise 6 April 1813 crossed in a Batteau with 12 Men, and succeeded in gaining the Island unobserved. When I made the Party Prisoners and with their Boat brought them over. They proved to be a Lieut. of the American Navy on Lake Erie, two friends of his and three seamen who had come upon the Island in a shooting excursion. This was a trifling affair, but under the then very unpromising circumstances of our affairs on the Frontier it had an animating effect upon our People.

After the capture of Fort George by the Americans in May, the division of the Army on the frontier retreated to the Head of Lake Ontario, where Col. Harvey, now M. General, Sir John Harvey the Dept. Adgt. General advised Major John Vincent to countermarch and attack the Enemy at Stoney Creek. Which he did before day on the 6 June when the American Generals Chandler and Windsor with 7 other officers and 116 Men were taken Prisoners and brought off before day, with two Field [Pieces?].

The Enemy in the course of that Day fell back to the 40 Mile Creek, and I expected every hour to see Waggons brought to carry forward our troops in pursuit but we were not advanced for two days after when we were marched to the 40 Mile and there halted. This tarring suggested to me the idea of offering myself to serve in advance of the Army with 50 chosen Men to be employed where and how I might please.

On the 12 th I applied to Col. Harvey, who readily accepted my offer and procured an order for my immediate departure. I marched forward that night at ten, having during the day, transferred the Company to another officer for my new man when chosen from this several companies by myself, and I know the men well. In 12 days after, namely on the 24. I captured, by a ruse de Guerre after the Indians had killed and wounded upwards of 50 of them, an American detachmt. consisting of 23 officers and 519 Non com. officers and Privates, of whom 50 were dragoons, 30 of them being Mounted Militia Men; with one Twelve Pounder, one Six Pounder, two Ammunition cars and the colors of the 14 th United States Regt.

It would be curious, if it were not tedious to detail here the particulars of an attempt made by two of my commanders to deprive me of the credit of this capture. But a Field officer of the Militia who saw the dispatch which was written on the subject made know its purport to me, under a promise of concealing his name, and I was enabled to appeal to Col. Vincent, and in his presence and the presence of Sir James Yeo (who had arrived with his little Fleet) and Col. Harvey, I made the facts know to them.

From motives, which I will not detail here, he did not insist on the Dispatch amended but he wrote a Private Letter to the commander of the Forces, Sir Geo. Prevost, which procured for me a letter of thanks from His Excellency himself, and a company from His Royal Highness the Prince Regent.

Three days before this capture in attempting to take an American Dragoon Prisoner I fell into the hands of two soldiers, and after a personal struggle for more than five minutes, holding a Rifle and a Musket, which they also held, I succeeded by the help of a Woman in making them both Prisoners. This also made a great noise in the Province much more than it deserved running the round of the Newspapers in both Provinces, while in fact I acted indiscreetly by exposing myself and deserved blame.

On the 4 th July I sent a small party across the River to Schlosser (the spot where the Caroline was lately cut out) who captured two officers and eight Men with four Boats, a six pounder, 57 stand of Arms and many other stores. Upon this Sir Geo. Prevost issued a general order.

On the 11 th July I accompanied a Force which attacked Black Rock under Col [Bisshopp?]. I led the advance, and took possession the place, the enemy running off, before we came up. We destroyed Barracks and a Blank large enough to accommodate 5000 men – and a schooner. Brought away Eight large Boats and Scows with two 12 pounders and a six pounder, a quantity of Provisions and military stores to our own side of the River.

We remained longer than was necessary and were in consequence attacked and driven off with the cost of 43 killed wound and taken Prisoners. Captn. Saunders of the 46 th was left behind, wounded, supposed dead, but he survived, altho’ shot through the lungs.

During the remainder of the campaign the Enemy carefully confined himself to Fort George and afforded no opportunity of dealing further with him. In October the 49 th was sent down to Kingston and in November, after this Battle of Chrysler’s Farm, they were sent to Montreal.

In the following winter, I joined the Glengarry Light Infantry Fencibles, a captain, and was sent to the Niagara Frontier in June following where we had the most active and severe campaign of any during the War, but it afforded no opportunity of doing anything individually. I was almost constantly employed in the advance, and the Glengarry Regiment, forming part of the small Brigade under Col. Pearson (now Sir Thomas Pearson) he was best acquainted with me that summer, and to him would I [gently?] refer for his opinion of me.

A few months ago I sent to [His Excellency – deleted] now Sir John Harvey in New Brunswick a copy of a Paper written for my youngest son, now an Ensign in the 24 th Regt. being advise for his guidance in Woody warfare – and His Excellency was please too write me a Note in answer of which the following is a copy: Govt. House New Brunswick Oct. 29 – ‘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

The services which I have had the opportunity to render to the Provincial Government since 1815 in three several departments and in a justice of the Peace in several Districts of the Province I beg leave to state here as briefly as I can.

Serious Riots having taken place below Perth in the new settlement of the Irish Emigrants in 1823, the Magistrates applied to Sir P Maitland for a Detachments of Troops to be sent thither to preserve the Peace. Instead of sending them His Excellency was pleased to send me alone speaking the Gaelic language as I did and being favorably know to my countrymen. After making such inquiries as I deemed necessary, reasoning with both Parties, and soothing the irritated feelings of all I returned and made a Report which was transmitted to the Colonial office. In the meantime Lord Bathurst had written to Rome to Bishop McDonnell of Upper , who has recommended the sending out of these Irish Emigrants, communicating to him the first account received of the Riots, which was very unfavorable to the new settlers; and the Bishop afterwards called upon me in to thank me for the Report I made, adding that he was never more pleased in his life than on perusing it in the colonial office on receiving it from L. Bathurst.

Fifteen years afterwards a Magistrate from near Perth expressed to me his surprise at the fact that since I had visited the Irishmen not a riot had afterwards occurred in that quarter.

In 1831 the Party lead by Mr. Lyon MacKenzie and the Party opposed to them commenced a most serious Riot in the City of Toronto. Apprehending that a Riot would take place I walked through the crowded streets and on approaching the Printing office of the said MacKenzie a shot was fired from one of the windows and a rush was made into the office. I instantly pressed thru’ the crowd calling aloud for every good man to aid me in keeping the Peace. I seized a principal Rioter and dragged him rapidly to the jail which near at hand– returned and took another, and for more than one I had to struggle with the greatest difficulties but in the end suppressed the tumult completely.

In the mist of the turmoil Mr. McKenzie demanded of me to call out the troops. To which I answered “No Sir, I shall find good men enough to aid me in Keeping the Peace; but I recommend your retire to your House for you are the chief cause of the Riot.” He answered “I will not Sir, I have as good a right to be here as you.” I then said “I will put you in jail if you do not.” He answered “you dare not I am a Member of Parliament” whereupon I seized him and pulled him toward the gaol until the crowd so surrounded me that I could not advance further. Seeing near me two friends of his also Members of the Assembly I appealed to them saying that “I had no wish to imprison him if he would retire to his House, and requested of them to take him home and that I would protect them while doing so, and they complied. But before moving I turned to crowd and said aloud, “Mr. MacKenzie calls upon me to order out the Troops! But I will not insult you by complying with his demand. I will call upon You, and You and you,” turning round, the while and pointing to individuals, “and find good men enough to ensure the King’s peace.” I was answered with a shout of approbation, and I then conducted MacKenzie to his House and shut him, having at the Door to use force, he endeavoring to address the multitude which I would not permit.

In a short time after Col. Foster, Ast. Adjutant to the forces in the Province galloped up to me and alighting.. [this crossed out in pen]

The two other Members, Messrs McIntosh and Ketchum then requested of me to call out some of the Troops to be stationed in the Court House during the nights. I said “No Gentlemen you see the danger is over now, and I mean to remain in the Court House all night and to have with me a number of Special Constables, who, I am sure, will keep all quiet,” and they left me as I thought satisfied. I may here state that until the Riot was over no Magistrate came to assist me.

Some short time after Col. Forster, Ast. Adjt. to the Forces in Upper Canada followed up to the Court House and alighting desired me to Mount and gallop to the Government House the Lt. Gov. desiring to see me. I did so and Sir John Colborne told me that Messrs. McIntosh and Ketchum had just applied to him to order some troops into town to keep the Peace during the night, and he asked if I thought necessary. I answered saying, “I pray of your Excellency not to send a man.” He continued, “Had I not better augment then force on the Bay side and have some Men on hand there”? I answered “Pray do not. Well then I will order a Piquet to be in readiness in the garrison to turn out at a moment’s notice if required.” I answered “For God’s sake Sir give no order whatever. I have no doubt that it is a great object with Mr. MacKenzie and his Party to have the Troops called out – for they have been outnumbered and beaten this day, and they now desire to have the Troops called out that they may proclaim tomorrow to the Province that but for the interference of the Troops they would triumphed.” No Troops were called out, and the City remained in perfect peace without them.

In 1834 another more serious Riot took place in Toronto between the Orangemen and the Catholics, on the occasion of an Orange Procession on the 12 th of July. This Riot was of a much more formidable and threatening character than the former, and altho’ upon this occasion several other Magistrates gave me every assistance the efforts required greatly extended those made during the former riot. Lord Seaton was made acquainted by me early on the morning of that day with the fears I had of a riot, and His Excellency knew all the precautions I had taken to prevent it, and here also it was deemed best not to call in the aid of the Military. For eight years before the Orangemen had not had a procession in the City, but some hot headed Orangemen having arrived that summer from they succeeded in prevailing upon the lodges to go abroad again. See my printed letter of 18 th June 1826.

I beg leave to insert here a copy of the letter Sir John Colborne directed his secretary to address to me on the eve of His Excellency’s departure from U.C. in January 1836.

Government House Toronto U.C. January 1836

Sir, With reference to your letter of the 1 st instance I am directed by the Lt. Govt to assure you that His Excellency is so fully persuaded of your zeal and active service 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 view and wishes.

His Excellency thinks 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 Rowan

James FitzGibbon Esqr.

Some rioters proceedings having taken place between the laborers working on the Great Canal near Cornwall in 1836, I was sent thither by Sir Francis Head to aid in preserving the peace during the important election of that year. I was ordered to take with me fifty stand of arms with ammunition from Kingston, to be distributed to the Militia in case of necessity, but I succeeded with the countrymen by remonstrance and amicable advice, and perfect order was preserved.

With respect to my Services immediately before and during the Rebellion I beg leave to refer to a separate Narrative, sent herewith and I am truly sad that there are some other circumstances of importance which are not included therein. The following votes of the two Houses and Letters relative thereto I add in conclusion: [… pages missing]