# An Impartial and Authentic Account of the Civil War in the Canadas/Notes
## Notes

1. Par. Paper, December 23, 1837, No. 72, p. 65. — Most of our evidence for the statements made in this and the following chapters, is drawn from the series of parliamentary papers of Canada, printed this session, and numbered 72, 80, 99 and 100.
2. Par. Paper, No. 72, p. 85.
3. Par. Paper, No. 72, p. 94.
4. It has been stated that their doors were opened, so as to afford some of the Doric Club a shelter. If this be true, the stones were, doubtless, thrown designedly.
5. Colonel Wetherall takes the merit of saving M. Papineau's house ; the Solicitor General says the mob went from M. Papineau's house to the Vindicator office. A mob which had given evidence of its destructive disposition should have been dispersed or watched.
6. It was intended to give short biographies of the leading men in a separate chapter, but it has been thought more advisable to embody them in the narrative.
7. See this question fully stated in the Introduction.
8. This evidence was suppressed at the time, but will be found printed among the sessional papers of 1837, No. 211.
9. M. Perrault's name is not on the attorney-general's list.
10. For some facts of a character to warrant this feeling, see Chap. iii.
11. For details on this subject, see Chap. iii.
12. See Chap, ii., and Map.
13. Montreal Herald.
14. Par. paper, Dec. 23, 1637, No. 72, page, 109.
15. November 20.
16. Par. paper, Dec. 23, 1837, No. 72, p. 114.
17. He sat first for the county, and afterwards for one of the wards of the city of Montreal.
18. For complete details respecting these disputes, see the Introduction.
19. Journal of Assembly, 1824.
20. See Introduction.
21. See Introduction.
22. It is also called the Chambly River, and occasionally the Sorel.
23. See Chap. v.
24. Chap. i. p. 13.
25. The peasantry are so called.
26. Par. paper. No. 80, (in continuation of 72,) p. 3.
27. Par. paper, No. 72, p. 114.
28. Par. paper, No. 8, p. 4.
29. So in the original. It is generally stated in the anti-popular accounts, that Dr. Wolfred Nelson commanded at St. Denis.
30. Par. paper. No. 80, pp. 4, 5.
31. We have been informed by a gentleman lately in Canada, that the Canadians actually fought for this gun with bludgeons, many not having fire arms.
32. Par. paper. No. 72, p. 100.
33. At a trial for infanticide, a medical gentleman was examined. He stated that he practised as an accoucheur, the interpreter said, "Monsieur dit qu'il est sage femme." — the gentleman says he is a midwife, as the gentleman was one of that class, who are not unfrequently designated as " old women," the gravity and decorum of the court was somewhat disturbed by the mistake.
34. "If for the spirits of the just a place be assigned; if, as it pleaseth the wise to believe, great souls perish not with the body, mayest thou rest in peace."
35. Par. paper, No. 80, p. 8.
36. A kind of cabriolet.
37. See Lord Gosford's despatch of 6 December 1837; Par. No. 80, p. 14.
38. See Par. paper, 16th Jan. 1838, No. 80, p. 6.
39. This increased Colonel Wetherall's force to about five hundred men.
40. It appeared in the papers of Monday as a report.
41. T. S. Browne. We throw into the form of a note the few facts in our possession respecting Mr. Browne. He was born in New Brunswick, but his father, a man of respectability, removed to Woodstock, in the State of Vermont, when the subject of this note was young ; thus, though by birth a British subject, he is by education — by early habit — an American. For many years he carried on the business of a hardware merchant (Angliscé, a whole-sale ironmonger), and latterly was in difficulties, but not to the extent of bankruptcy. Mr. Browne is a man of considerable energy ; and for some years previous to the late unfortunate occurrence, had taken an active part in politics. He wrote constantly in the newspapers, and occasionally produced political poems of considerable merit.
When the cholera broke out in 1834, (the second visitation,) Mr. Browne was one of the sanitary committee, and did much to alleviate the sufferings occasioned thereby. A report, which was then drawn up on the subject, we have heard attributed to him ; those who are curious on the subject will find it reprinted in one of the numbers of the Canadian Portfolio.
Browne was one of the Sons of Liberty, and we learn from the official despatches, that he was badly wounded on the 6th of Nov. His part in the affairs of St. Charles, the reader is already acquainted with. On the evidence before us, he appears to have acted somewhat rashly, but as all the evidence is that of his opponents, we should not judge too hastily. After the battle, he escaped into the United States with considerable difficulty : an account of this escape has appeared in the New York papers ; we shall make use of this account in Chapter iv.
42. One paper said "the Canadians fought like tigers ;" adding, in confirmation of the text, "many of them plunging into the river and drowning themselves, rather than be taken." Another says, "the poor deluded wretches fought with a degree of bravery worthy of a better cause." It is necessary to mention this, as it has been stated on high authority that the Canadians would not fight — an error which we fear may have operated injuriously on her Majesty's councils in the management of the colony.
43. See Sir John Colborne's despatch of the 29th November, already quoted.
44. Col. Wetherall's despatch of 27th Nov.
45. Mr. Bellingham.
46. Chapter i. p. II.
47. Par. paper. No. 72, p. 65.
48. From the same paper, we learn that, at the funeral of Lieutenant Weir, 7th Dec., 1837, "A military gentleman stood at the Quebec gate, as the procession passed, and counted 3154 men under arms, exclusive of officers; of these very few, comparatively, were regulars, owing to the absence of the greater part on duty out of town."
49. See these conditions given at length in Par. paper. No. 80, p. 1 1 .
50. Ibid. p. 9.
51. The regular troops exceeded 4000, making in all about 13,000 men at Sir John Colborne's disposal.
52. Vide, Chap. ii. p. 33.
53. It is so called, though erroneously, from the word Montagne ; what we mean by the word mountain, the French express by the word, mont.
54. Chapter v.
55. Meaning the member for Galway.
56. Archibald Acheson, Earl of Gosford.
57. This is the same paper from which the following extract found its way into the London papers, and elicited expressions of their astonishment and disgust. It was copied, with approbation, into other papers, of the "well affected" party. "The punishment of the general leaders, however gratifying it might be to the English inhabitants of the province, would not make either so deep or so durable an impression on the great body of the people, as the sight of a foreign farmer on every local agitator's land, and of the comparative destitution of his widow and orphans — living and lasting proofs of the folly and wickedness of rebellion. The most vigorous exertions ought to be made, in order to identify and convict every local agitator, and to this purpose, most of the miserable creatures who were brought to town on Thursday, should be applied. They should be employed as witnesses against all such 'notables' as Duvert and Durocher, their own leaders in guilt, and partners in misfortune. A vigorous course of this kind would moreover have the effect of settling a large number of 'foreigners' in the most turbulent and most opulent part of Lower Canada, and thus at once ameliorate political evils, and promote agricultural improvement. To return to our original proposition, the funds raised in this way ought to remunerate every loyal man that may have suffered from the rapacity and cruelty of the savages.
"In accomplishing all this, no time should be lost ; a special commission ought immediately to be issued for the trial of the present batch of imprisoned traitors. It would be ridiculous to fatten fellows all the winter for the gallows."
58. Despatch of 30th Nov. 1837. Par. paper, No. 80. p. 9.
59. See Introduction.
60. "Vengeance is unknown to the law." Livingston : Penal code for Louisiana.
61. Par. paper, 16th Jan. 1838. No. 80 p. 15.
62. Par. paper, 2nd Feb. 1838. No. 100, p. 6.
63. To show that a reliance that indemnification would not be withheld from him, was by no means unreasonable, should he exceed his instructions in the case supposed, we offer the following extract from a despatch of Lord Glenelg's, addressed to Sir John Colborne on the 6th of December last.
"To repress by arms any insurrection or rebellion to which the civil power cannot be successfully opposed, is, therefore, a legitimate exercise of the royal authority; and in the attainment of this object, the proclamation of martial law may become indispensable. It is superfluous to state with what caution and reserve this ultimate resource should be resorted to ; and that it ought to be confined within the narrowest limits which the necessity of the case will admit. But if, unhappily, the case shall arise in any part of Lower Canada in which the protection of the loyal and peaceable subjects of the crown may require the adoption of this extreme measure, it must not be declined. Reposing the utmost confidence in your prudence that such a measure will not be needlessly taken, and relying on your firmness that, if taken, it will be followed up with the requisite energy, her Majesty's government are fully prepared to assume to themselves the responsibility of instructing you to employ it, should you be deliberately convinced that the occasion imperatively demands it. They will with confidence look to parliament for your indemnity and their own. — (Par. paper, Dec. 1837, No. 72, p. 106.)
64. See chap. ii. p. 22.
65. We need not fatigue the reader with further specimens of this abuse. Those which will be found at page 43, will suffice.
66. See what has been already stated concerning the state of alarm in the city at this time. Chap. iii. p. 40.
67. Par. paper, Jan. 16, 1838 No. 80, p. 13.
68. See Chap. i. p. 11.
69. See Ibid.
70. See p. 43, 44.
71. Magistrates' Resolutions, p. 50.
72. Extracts given at p. 43.
73. p. 45.
74. Par. paper, No. 80, p. 16. — It is worthy of notice, that Mr. Debartzch who had been present at all the preliminary deliberations on the subject, was absent when the time for final decision arrived. The reader will not have forgotten the story of Mr, Debartzch's school propensity of setting little boys to fight, etc, see p. 20., the application of which to the present subject is curious.
75. It is the Secretary who writes.
76. Par. paper, No, 80, p. 18.
77. 2 January 1838.
78. See Chapter i, page 9.
79. Par. paper. No. 72, p. 107.
80. See the Introduction.
81. The John Bull is, perhaps, one of the largest and most powerful river boats in the world. She has two engines of 140 horse-power each, and can work them up to a much greater power. She can tow three or four laden ships up the rapid current of Montreal.
82. He alludes, doubtless, to the monitory proclamation of the 29th November.
83. For an animated description of the falling of a tree, see Cooper's novel of The Pioneers."
84. Cooper's Pioneers.
85. In the township of Dunham.
86. It is here proper to mention, that no case of treachery is as yet upon record. All the captured patriots were taken by political adversaries. It has been mentioned to us that M. Papineau and Dr. O'Callaghan were many nights together in the woods, suffering great exhaustion. They fell in with a Canadian, who knew them. "You are M. Papineau, and you are the editor of a paper. I can make my fortune by calling upon the next captain of militia, who lives hard by, but you are safe." The man was poor ; a sum of 6000 dollars, an enormous fortune to a peasant, equal indeed to £150 a year for ever, employed in Canada, was within his reach, yet he rejected it, and aided their escape.
87. Par. paper, No. 80, p. 19.
88. See chapter ix.
89. Par. paper, No. 99, p. 11.
90. Between the Island of Montreal and Isle Jesus, it is called La Rivière des Prairies, and between Isle Jesus and the main land, La Rivière St. Jean, or Jesus.
91. Page 68.
92. The two bridges mentioned in our description of the village at page 71.
93. Par. paper, No. 99, page 13.
94. This was apparently by the same order that Colonel Maitland was instructed "to change direction to the right with the brigade," so as to secure the bridges and road to St. Benoit.
95. Par. paper, No. 99, p. 14.
96. Chapter iii. page 43 and 44.
97. O'Callaghan, Duvernay, Louis Perrault, and Bouchette.
98. Par. papers, No. 100, p. 3.
99. There were two wooden cannon bound with hoops, and calculated to sustain three or four discharges.
100. Though it does not appear on the letter, it is most likely a dispute for the blood-money, £500 having been offered for Girod's apprehension.
101. Let us here remind the reader, that a notary is not a mere bill protester as in this country, but a conveyancer, and, therefore, a property-lawyer.
102. Par. paper, No. 100, p. 4.
103. See Chap. iii. p. 41, note.
104. See chap. iii. p. 43.
105. February.
106. Hist. C. L., c. ii.
107. "Montreal Herald," 1st Jan. 1838.
108. The report might have said in common with all parties.
109. See chapter vii., where the state of the franchise in Upper Canada is fully explained.
110. We do not allude here to a federal union of all the provinces, of which we approve most highly. We shall have occasion to discuss this point fully in the course of the work.
111. Lands held in free and common soccage in Canada are usually conveyed by lease and release.
112. This is a limitation which we have never seen before in a Canadian Tory paper. It seems to give up the Townships as a bad bargain.
113. This is an improvement. The Herald has probably received a hint that it must not cry for blood so constantly : it tells against the party, so the expression must be smothered.
114. Since the above was in type Mr. Badgley has arrived.
115. See Reports of the Canada Commissioners (No. 50, 20 February 1837). Appendix to General Report, page 1.
116. See chap. v. p. 77.
117. See page 81.
118. Some accounts say 220.
119. Page 29.
120. The reader who wishes to know what a mauvais sujet (literally bad subject) means, may turn to the 1st vol. of Paul Louis Courier's works, which if he has not got, can read French, and can afford, he ought to buy. For our purpose, we may define the term, anybody who does not do all the authorities please, or who does any thing they do not please.
121. These numbers are from statements put forward at the time by the adverse parties. Thus the radicals had a "black list," and the ruling party their "white list." The sixteen ultra tories above mentioned, are such as were on both lists — denounced in the one, recommended in the other. The same rule has been observed in relation to the ultra liberals.
122. Dr. Whately's Elements of Logic. We give the substance, though perhaps not the words, as we quote from memory.
123. For some admirable reasoning of universal application on the subject of the non-exclusion of evidence, the reader may consult Bentham's " Rationale of Judicial Evidence," vol. i, p. 152 ; ii, 541 ; iii. 541—637 ; iv. 1. 477—482.
124. Proof of the justice of this suspicion has been furnished in a despatch of Sir F. Head's, just printed. Par. paper. No. 94, 23rd Jan. 1838, p. 93.
125. By this act a right is reserved to the crown to disallow provincial acts within two years of the time of their receiving the governor's assent.
126. For a description of the manner in which the resolutions were received in Lower Canada, see the Introduction.
127. For a statement of the population of these counties, and for a description of the country, see the next Chapter.
128. "Hancock and his gang" was the slang of 1776.
129. Sometimes stated by Sir Francis Head at 6000.
130. The city is in longitude 79° 20' west — latitude 43o 33' north.
131. The name of York was retained for the township because Toronto was already the name of a township west of York.
132. Bouchette, vol. i. p. 88.
132. Bouchette, vol. i. p. 88.
133. Par. paper, No. 99, p. 3.
134. Ibid.
135. Par. paper. No. 100, p. 13.
136. The whole of this despatch will be found in this and the following pages. The only liberties taken with it are to mark one or two passages in italics, and to cut it into portions suited to the course of our narrative.
137. This despatch is given at page 120.
138. Par. paper, No. 99, p. 5—6.
139. This description is truly melo-dramatic. The rebels are within an hour's march of Toronto — defenceless and unarmed. Sir Francis calls upon the militia for aid; 10,000 instantly obey the summons, march through the woods and save him, within the hour, of course, or it would have been too late.
140. This is not true; the offer of land was not made till the 19th, era fortnight after. Seep. 141.
141. This view is fully borne out by the statement of M'Kenzie at Buffalo . See Chap. ix. p. 152.
142. See also the note at p. 139.
143. See the observations on the use of these terms at page 137. The anti-popular party burned the house of Gibson, but this act is not called arson. Powell (see page 135) shot one of the rebels, but that was not murder. The outrages committed during a state of revolt are deeply to be deplored, but they are not properly named, when designated by the same terms as are applied to crimes properly so called.
144. See page 142.
145. A passage following this has already been made use of at page 32.
146. Who'ever before heard of "large bodies of labourers out of work" in the United States ?
147. See Par. paper, No. 99, p. 1.
148. For the situation of Buffalo, see the sketch at the head of Chapter x.
149. In 1835, Sir Francis Head, riding through the country plainly dressed, was apprehended on a similar charge, and had some difficulty — so said the newspapers — in proving that he was the governor.
150. Sketches of Upper Canada, and the United States. London : Effingham Wilson, 1833; 8vo. pp. 504.
151. The river runs due north, so that this should be east, and that which is called north, west. It is customary to speak of the Canadian shore as the northern, without reference to occasional deviations.
152. Now Toronto.
153. M'Kenzie's Sketches, p. 339.
154. Sketches of Upper Canada, p. 284.
155. Alluded to in the note at p. 101 of Chapter vii.
156. Chapter vii. p. 118.
157. Sick is the American word for ill or unwell.
158. Bowie knives have lately made their appearance in the shops of the London cutlers — to their disgrace be it stated.
159. This statement strengthens the view we have taken of the Toronto affair, Chap. viii. p. 136.
160. Crotchet Castle.
161. This letter first appeared in the Weekly Chronicle. It may be relied on as authentic.
162. In the case of Canada, there is not even this chance.
163. Corn laws and tariff, for instance.
164. This proposition is undoubtedly true in a general sense, but not as applied to the House of Commons, which represents the wealth, and not the reason of the country.
165. The "Province of Jurisprudence determined," by John Austin, Esq., p. 57-60 ; a book to which it is impossible to allude without expressions of the most profound admiration. We may here mention that in the course of the discussions which arose out of the House, as well as in the House of Commons, on the subject of the Canadian Coercion Bill, it was our good fortune to listen to one speech, which from the excellent observations that fell from the speaker on the nature of sovereignty, convinced us he had read, nay, had carefully and profitably studied, Mr. Austin's work. That speaker was a working man of the name of Vincent.
166. See the next chapter.
167. This doctrine has been held by more than one paper. It may render a colonial minister's position stronger against a hostile motion, but it can serve no good purpose to deceive the people of England on the point.
168. It may not be deemed out of place to give the slave-population of the chief slave-holding states and territories in 1830 : —
Maryland .. .. .. .. .. .. 102,294
Virginia .. .. .. .. .. .. 469,757
N. Carolina .. .. .. .. .. 245,601
S. Carolina .. .. .. .. .. 315,401
Georgia .. .. .. .. .. .. 217,531
Alabama .. .. .. .. .. .. 117,549
Mississippi .. .. .. .. .. 65,659
Louisiana .. .. .. .. ... 109,588
Tennessee .. .. .. .. ... 141,603
Kentucky .. .. .. .. ..... 165,213
Missouri .. .. .. .. .. ... 25,081
Florida .. .. .. .. .. .... 15,501
Arkansas .. .. .. .. .. .... 4,576
Columbia, D. .. .. .. .. ... 6,119
2,001,443
In the other fourteen States and Territories, there were then only 7681 slaves in gradual process of emancipation, The aggregate population of each section of the Union was, in 1830 :
Non-slaveholding States .. .. .. .. .. 7,100,000
Slaveholding States .. .. .. .. .. ... 5,800,000
169. The treaty of Paris, 1783, rendered still more vague by the treaty of Ghent, 1815.
170. See Chap. iv. p. 65.
171. See Voltaire's Candide.
172. See the letter quoted in this Chapter, p. 160, and the report of the meeting, page 163.
173. See Chaps ii. v. and viii.
174. The waters of Canada will be more completely described in a Chapter exclusively devoted to the subject.
175. For a considerable distance, the banks on both sides of the river are, in point of geological character, the counterpart of each other ; the most conspicuous features being as fresh as though they had only just been cloven by the emption of the waters of the lake above.
176. For an account of the family of Van Renssellaer, and of the title of patroon, see Washington Irving's Sketch Book, and Knickerbocker's History of New York.
177. Chap. viii. p. 141.
178. (March 28tn.) We have delayed the completion of this chapter, in the expectation that certain returns promised by Sir George Grey, being in continuation of papers No. 72, 80, 99, and 100, would have been printed in time for us to make use of them. The printers, however, can wait no longer, so that we are compelled to depend on the documents within our reach, which we believe are nearly all that will be printed in the parliamentary paper now expected. Should it afford any additional particulars, they will be introduced in a subsequent chapter.
179. See chap. vii. p. 118.
180. Allowing two or three days for the progress of the news to Toronto, and through the press.
181. The whole number was thirty-three, and those who were ultimately missing, ten, or perhaps only nine. The following summary of the loss is from a Buffalo paper : — "Of the thirty-three persons on board the Caroline, nine are missing. Whether they made their escape or were killed, it is impossible to say. It is not ascertained with absolute certainty that any, except Durfee, was killed. He was found lying on his back on the dock, with a ball through his forehead. The seizure and burning of the Caroline was a most flagrant, outrageous violation of territory, and the death of Durfee was a murder. There may be palliating circumstances, but if there are we have yet to learn them."
The remarks made at page 141, respecting the language applied to the aggressions committed during a revolt, apply to the above case. Though the affair was a "flagrant outrage," it wants the essential feature of murder.
182. Anglicé, coachman.