1 25 3 https://d1y502jg6fpugt.cloudfront.net/59848/archive/files/bd65b3ee1e2b1480380f21ca277be53b.pdf?Expires=1787184000&Signature=pwUGxIIp9%7EURo1LdHHGvfqW8xo0%7EeuiHICZsOPcCF-J5M-aqEq5KhQhj3wRh9z1Nd1z%7EsbOVsrS8snxnBLN3n8flc8vq4SuwvpY%7Ee1gdxJ%7EsFbiocLDMVZoYM8bxfuryHu4VJ8chjzNjISve0LP8xTE8jqx%7EKGVDWw2qcaWCOhdT4HEGksAC4MUVeKkSSJP-NHJ85XeA2ADzuREoh1u8jSHKH8qf8pNVBKGTNt5C1OtM4hBo2ADPUY9Pyk57l5yH2HkYLodi-XsH03%7ETlmtj7FYuUoPmp41SGA8LGei1rKIpE5-Nxk2K6eudT1QmT4j-bN%7EjVMnr19zVvIj0efh%7EIQ__&Key-Pair-Id=K6UGZS9ZTDSZM bdbe47e4aacd505e5b4e19ccb0cecb53 PDF Text Text A Twice- Told The Tale Hills the Short in Insurrection 1838 By in BRIG . - GENERAL LL.D. CRUIKSHANK, A. E. Hist F.R.S.C. , , . S. F.R. the Reprinted from "Papers Records ," XXIII Volume and Society's FILE PAMPHLET LOCAL COLECTION PREF NCE Historical 1926 Ontario HISTO #2 L.H.C. Cru 038 971 . WELLAND PUBLIC LIBRARY �A Twice- Told Tale Hills The Short in the Insurrection 1838 By in BRIG .- GENERAL , A. Hist F.R.S.C. , . S. F.R. 3.5 SHOHJ 8 0.15P LL.D. CRUIKSHANK , E. Брина * 012 Я H JA �A TWICE-TOLD TALE (The Insurrection in the Short Hills in 1838) BY BRIG.-GENERAL E. A. CRUIKSHANK, LL.D., F.R.S.C., F.R.HIST. S. Twenty years ago I submitted at a meeting of this Society an account of the insurrection in the Short Hills, based upon such information as was then acces- sible. This was published in Volume VIII of the "Papers and Records," accom- panied by a considerable collection of illustrative documents gathered from various sources. Quite recently other documents have become available, some in the "Durham Papers," lately acquired by the Public Archives of Canada, and some elsewhere. Among these are the proclamation signed by "James Morreau," which he intended to publish after the capture of the two forts at Niagara, two letters from Colonel H. D. Townsend, commandant of the troops in the Niagara District, two letters from Lieutenant James Magrath of the Queen's Lancers, and two letters of Colonel Allan MacNab of the 3rd Gore Militia to Captain William Mercer Wilson, commanding the Simcoe troop of cavalry. These papers contain interesting particulars of the attack upon the outpost of cavalry stationed at Overholt's tavern in the village of St. John's and the subsequent pursuit of the insurgents, which are not to be found elsewhere. They afford additional evidence of the extraordinary state of alarm and excitement and bitter animosity caused by this incursion, which now seems of small importance, not only in this part of Canada but in the neighbouring State of New York. While Morrow had considerable difficulty in saving the lives of his prisoners from the murderous proposals of his followers, it is significant that Magrath had equal difficulty in preserving those taken by his troop from instant death without form of trial. These documents are now submitted as addenda to those annexed to the former paper. This incursion, trivial as it now seems, caused remarkable excitement in the province and gave rise to the wildest rumours. Since he had taken over the government from Sir Francis Head on March 23 (1838), Sir George Arthur, although greatly perplexed by reports of hostile assemblages of armed men in the United States, had considered it absolutely necessary to release a considerable portion of the militia from duty. "It is of the most urgent importance," he said, "that some of the militia should return to their farms without delay, or we shall have no seed in the ground, and consequently no harvest, which in the event of possible contingencies, would be attended with the most disastrous consequences to the colony." Within a week he wrote to the governor of the State of New York, whom he had called upon on his way through Albany, informing him of his intention to withdraw most of these troops from the 'Arthur to Glenelg, Toronto, 29 March, 1838. 3 �THOROLD N.R.R. CAN. Canboro Robinso Port TEOROLO Tavern WilSwampoughby Creek HDorlacyotmbne M.C.R.RLyons CROWLAND Bridge GBridge rown's MERR RIVER MOR 3m Environs John's St. and AND Ma Wainfleet To MAINFLE T . LealizWil son Telamon FONTHILL713Rice's Kamp Talham WBushinchester's overhalt 195H Road St. John's PELBIM Canbero Road GAINSBORO Nar The �5 frontier, and thereby remove or diminish a possible source of excitement and irritation. About a month later an agent commissioned by the President of the United States to enquire into the treatment of citizens of that country who were then in confinement in Canada, charged with political offences, arrived in Toronto. His accounts of the state of feeling in the border cities was not reassuring. After a conference with him Arthur wrote:"On the American frontier there are thousands of lawless characters 'the scum' of the population, to use the language of Mr. Aaron Vail, who is now in this city on a special mission from the President of the United States-ready for any enterprise proposed; and with them many persons who have fled from this Province, and others who remain in it, are closely associated."" This information combined with confidential reports from the frontier caused him to countermand his orders for the discharge of the Militia, particularly as Colonel James Kerby, who was the senior officer on the Niagara, had stated that "the intercourse kept up between the malcontents and the Americans is unceas- ing and increasing, and that he has no doubt the latter have already sent large quantities of arms across the river; that is to the British side."" The appearance of a body of men at Lewiston early in June with the avowed intention of invading Canada, followed by their rapid dispersal on finding that their passage of the river would be opposed, raised his spirits and he reported: "This, and other circumstances incline me to think that, although the loyal people of the country may be harassed by predatory excursions at various points along the coast for some time, the patriot force, willing and capable of action, has been magnified. "There is unquestionably, an ungovernable mass of frontier borderers, who will become more and more troublesome as they become more numerous every year, and especially during the winter months, when they are thrown out of employment, and we must be on our guard and watchful of their movements: but, still, at least during summer, I cannot now believe that they will attempt to cross in large bodies." Ten days afterwards he had been informed by the commanding officer on the Niagara that "rebels or American vagabonds have recently crossed the river from the United States, and proceeded to the country in rear of Chippawa and Drummondville, where there are many swamps affording convenient places for traitorous assemblages, and where, I regret to say that the population is represented as very disaffected. The many rumours of such meetings have created much alarm among the well disposed inhabitants at Allanburgh, St. Catherine's and other places along the Welland Canal and in its vicinity."" General Brady, who was in command of the troops of the United States in the military district bordering on Lakes Erie and Ontario, had become so much alarmed that he sent his aide-de-camp to give the commanding officer at 'Arthur to Glenelg, Toronto, 24 April, 1838. Arthur to Glenelg, Toronto, 9 June, 1838. Arthur to Glenelg, 19 June, 1838. �Drummondville all the information respecting the designs of the "patriots" which he had been able to collect, but rather significantly asked that his name might not be publicly mentioned.' On the evening of June 22, reports of the attack upon the outpost at St. John's were received by Arthur at Toronto and the account of the situation on the Niagara was so serious that he decided "to take very active and decisive steps." The Executive Council was at once assembled and a proclamation prepared and approved, prohibiting any person from entering or leaving Canada by crossing the Niagara river without being furnished with a passport and calling upon all magistrates, militia officers, and "other loyal subjects of the Queen for their best exertions in restoring the peace and tranquility of the Province." Next morning early he drove in haste to Hamilton and instructed Colonel MacNab to call out the sedentary militia of the Gore District, which was done in the course of that day. Being informed that the "brigands" intended to invite the Indians on the Grand River to join them, he sent orders to their superintendent to direct them to co-operate with the militia in guarding the bridges over that stream at Paris, Brantford, and Cayuga and a band of them was sent eastward to Wainfleet to search the Cranberry Marsh. After a few hours delay Arthur went on to Drummondville to confer with Colonel Towns- hend. On his arrival there on the evening of Saturday, June 23, he relates that he "found the greatest alarm and excitement prevailing throughout the district in consequence of the reported number of refugees and American "patriots" who were represented to have landed, and been joined at the Short Hills in the township of Pelham by many of the disaffected inhabitants of that neighbourhood." He was shown the printed proclamation found in Chandler's possession, bearing the name of James Morrow, and at once ordered the publication of another proclamation offering a reward of £500 for his arrest. Townshend stated that according to the information he had received at least a thousand "American associates" who had crossed into Canada by night in the last ten days and that "they were hourly gaining accessions to their strength in the very disaffected district in which they had taken up their station," but he added that these reports were so conflicting that he could not rely upon any of them. That night a person arrived from the State of New York bearing a letter from the governor stating that he was a confidential agent commissioned by him to go along the frontier to obtain information respecting the movements of the "patriots." This gentleman said that fugitives from the neighbourhood of Kingston had been joined by others on the other side of the Niagara river and had then crossed into Canada. "It was believed, he said, that there were from 3,000 to 4,000 men engaged in this enterprise; and he was of opinion that at least 1,200 had already crossed; that they had secreted themselves in the woods, where they had taken up a strong position, and were supposed to have with them two pieces of cannon. "Townshend to Halkett, Drummondville, 21 June, 1838. 'Arthur to Lord Durham, Toronto, 27 June, 1838. �. ," 1838" Commissi Pao trn iot A P W Aa ra mn y A . WN. Grad Adj too f , too h eh N rf t ,i Upn per Uppre Nervice rew sp t ie tch Astmaleriiff ne CanSa er d vo i a c Yours the of the Patriot Dirion Regiment of a Y r o e u e r e b y Ch on t i o n e d t , h s a d E a G g rt l a n e d ha a p e r U p e r Cp aC n d a t , hae Ca anat d i s c r e G a u d tf hBe o y Brigade the li inn e duty ank Executive Patriot gr le Chaptae ti eo rn n AssocW ie ast - . DEATII OF LIBERTY Council Graud authority SIE K �8 "He also stated that those persons had been so wicked as to induce a number of Indians from the American territory to join them, and that some of them were already on Grand Island, ready to assist in the invasion of this country." Arthur then determined to make a personal reconnaissance and taking with him an escort of the lancers, he rode on Sunday morning through those parts of the Niagara district, which were believed to be most disaffected, "so that the waverers might have as little time as possible to hesitate about the side they would take." "The project," he added, "fully answered my expectation; and in the course of the afternoon the country was filled with parties, and the most suspected characters appeared the most officious in looking after rebels."" In the course of three days more than thirty suspected persons were arrested, among them being Morrow and several other leaders of the raiding party, which had hastily disbanded. Arthur held a long and satisfactory conference with Major Nathaniel Young, who was in command of the regular troops of the United States on the Niagara river, and Major General Burt of the National Guard of the State of New York. Major Young was described by him as an honourable and respectable officer who "has sincerely made every effort to prevent the lawless proceedings that have taken place since his arrival on the station; but he complains sadly of the want of troops and the consequent impossibility of controlling the people. "I was glad to find," he continued, "that General Burt did not hesitate to express his opinion that his government had long thought too lightly of the disturbances on the frontier, until at length they had become so very formidable that the civil authorities could not check them; both assured me, however, that all the respectable part of the American citizens highly disapproved of and condemned the conduct of the 'patriots,' as they call themselves; and they thought, decidedly, that their cause was far less warmly espoused by the lower class than it has been, and that better order would soon be restored on their frontier. They admitted at the same time, with the greatest regret, that the country near the Lakes was overrun by an ungovernable mass of the lowest class of people."" The result of his enquiries led to the conclusion that the whole number of the invaders did not exceed a hundred and that, on discovering the hopelessness of their attempt to excite an insurrection, many of them had recrossed the Niagara. The arrest of several persons, who by their own admission had been participants in the attack upon the tavern at St. John's but were undoubtedly citizens of the United States, and had not been previously domiciled in the British dominions, placed the governor and his advisers in a situation of consid- erable difficulty. The trial Judges in former cases had decided that such per- 'Ibid. Arthur to Durham, Toronto, 27 June, 1838. 'Ibid. �9 sons could not be convicted of high treason and the Provincial Parliament at its recent session had passed a special act declaring foreigners, found in arms with British subjects against the peace of the province, guilty of felony and liable to punishment by death or imprisonment. The legality of this act had already been questioned by eminent lawyers, but it had received the royal assent. The law officers of the Crown in England were of the opinion that "foreigners participating in the rebellion were all clearly Guilty of High Treason just as much as the natural born subjects of the Queen." On his return to Toronto Arthur received a despatch from the Colonial Secretary enclosing this opinion which was at once referred to the Attorney-General and Solicitor-General, who dissented from it and advised that one or more of the prisoners should be tried under the provincial act "for the purpose of obtaining a formal adjudication of this question." In announcing to Lord Durham his decision to proceed in this manner, Arthur remarked: "I have adverted to the anxiety which I should necessarily feel in dealing with such prisoners as might fall into our hands under such circumstances as have just transpired. "Amongst the loyal portion of this community, a burning indignation appears to be felt at the wicked conduct of the parties who have kept up the excitement for months, and have now again endeavoured to disturb the peace of the inhabitants, and the security of their families; not only for the avowed purpose of subverting the Government, but in reality, as they have shown, to plunder and commit every conceivable enormity upon the loyal inhabitants of this province; and I believe a very general expectation exists that all the prisoners will be immediately put upon their trial before the military tribunal provided for by the Act of the Provincial Parliament that was passed last session of which I beg to enclose a copy. "I cannot forbear from expressing my firm conviction that punishment of the most exemplary kind is necessary to be inflicted on some of these offending persons. I cannot for a moment think that justice, or policy, or mercy, requires the patient suffering of continued aggression; or that, while the subjects of Her Majesty are held strictly accountable to the laws, vagabond foreigners, who have so much greater facilities of committing crime, should be held in any manner excused from the consequences of their outrageous and piratical conduct. The American authorities might justly reflect upon us, whilst we are calling upon them to prevent these enormities, if we do not deter the perpetrators of them by exemplary punishment when we have the power to do so. "It seems to me that the least objectionable mode of proceeding will be the indictment of those who clearly owe allegiance to the Crown, and who, by levying war, have rendered themselves guilty of high treason, for that crime, and the indictment for felony under the third clause of the Provincial Act of the foreigners, of whose guilt of the crime of high treason the difference of opinion seems to exist. �10 "I have accordingly ordered a special commission of oyer and terminer to issue into the district of Niagara, and have directed preparations to be made for the trials. "The chief embarrassment I feel, is, how to meet entirely the views of Her Majesty's Government. A humane and benevolent feeling to avoid altogether, if possible, capital punishment, seems to be Lord Glenelg's anxious desire, which is entirely opposed to the feelings of the people of this Province. "Your Lordship will perceive by Lieutenant Magrath's report, (a copy of which is enclosed) what the feelings of the militia are with regard to the prisoners, and it has, I believe, required uncommon firmness on the part of the officers to prevent the militia from putting many of these atrocious banditti to death on the spot in place of bringing them in as prisoners."¹ This very natural feeling of resentment was greatly aggravated by another attempt at invasion by crossing the River St. Clair a few days later and by imaginative reports of preparations for attacks elsewhere. The appended account of the trials has been transcribed from an unique volume of the Niagara Reporter, in the possession of the Niagara Historical Society, which was kindly brought to the attention of the writer by Miss Janet Carnochan. The file of the Brockville Recorder is in the Library of the Dominion Archives. My thanks are also due to Miss Helen F. Moffat for extracts from a file of the Daily Buffalonian, in the Library of the Buffalo Historical Society. Colonel J. E. Cohoe, of Welland, who is intimately acquainted with the neighbouring country, is of opinion that the swamp where the raiders concealed them- selves, after crossing the Niagara river near Chippawa, was between the two branches of Ussher's Creek, west of Sodom Road. "I presume," he writes, "they went via the Lyons Creek Road to Cook's Mills, where they met the man Doan, who made a deposition. From Cook's Mills they likely went northwesterly to Misener's Bridge across the Chippawa and thence westerly along the Quaker Road to its western extremity and then one-third mile north to Pelham Corners, thence west about two miles to Lewis Wilson's farm, which was Lot 10 in the 10th Concession. Or from Cook's Mills they may have gone southwesterly along the Lyons Creek Road (now closed) to the Feeder Junction and thence west to Brown's Bridge across the Chippawa on the Pelham-Thorold town line. From Wilson's farm they went north about two miles to Win- chester's bush, which is Lot 10 in the 6th Concession of Pelham and at the source of the Spring Creek running through Effingham. This lot was owned by Aaron Winchester of Queenston, and was likely all bush then and still has a bush on part of it. It was subsequently bought by one Benjamin Beemer and old residents in the vicinity know it as 'Beemer's Bush, where the Rebels were.' "They advanced on St. Johns in three columns, the one going, I assume, through Effingham and following the Effingham Stream Road around to the northwest of St. Johns, one going over the middle road, and 'Arthur to Durham, Toronto, 27 June, 1838. �11 the other going along the valley of the Spring Creek running from Fonthill to St. Johns past Abram Overholt's place and the last two columns meeting at the outskirts of St. Johns on the south. "Abram Overholt owned Lots 156 and 157 Thorold Township and the north half of Lot 1 in the 6th Concession of Pelham. Undoubtedly he was the Overholt who was robbed of $1,000 by the Rebels. Martin Overholt was, I believe, his son and lived on Lot 1 in the 6th Concession of Pelham. "When the Rebels retreated from St. Johns, I have no doubt they went along the road to Fonthill. Rice's tavern stood at the intersection of a north and south road with the Canborough road just southwest of that village. I think they went straight south one mile to Pelham Corners and from there west to Lewis Wilson's farm, their first rendezvous in Pelham. Between Pelham Corners and Wilson's farm, Lawrence Jennings owned the south half of Lot 6 in the 9th Concession and I believe he was the Jennings referred to in Lieut. Magrath's report. "Solomon Kemp was a shoemaker and owned ten acres on the south side of the Canborough Road being part of Lot 9 in the 9th Concession of Pelham. The back end of his lot extended south to the Spring Creek, and it is likely he had a small tannery there for his own use. "Samuel Chandler on the 6th of November, 1835, bought a lot at St. Johns from Richard Smith for which he paid £250 and is described in this deed as a wagon maker, which is the same occupation given when he was captured. On the 21st of January, 1836, he bought another lot in the village of St. Johns from John C. Davis of Chippawa, for which he paid £300, in which deed he is described as a millwright." ILLUSTRATIVE DOCUMENTS PROCLAMATION BY JAMES MORREAU.' PROCLAMATION STATE OF UPPER CANADA, NIAGARA FRONTIER. FORT GEORGE, 7th June, 1838. Canadians:- We have at last been successful in planting the standard of Liberty in one part of our oppressed country-Fort George and Fort Massas- sauga are now in our possession. Canadians! Come to our assistance as you prize property, happiness and life, come to our assistance. Canadians! This is the hour of your redemption, rally to the standard of the Free, and the tyranny of England shall cease to exist in our land. We pledge safety of property and life to all who do not oppose us; but resistance shall be met by men who are determined to conquer or die. By order of the Commander in Chief, JAMES MORREAU. Printed, but the capture of the two forts, to which this proclamation was to be the sequel, was not effected. �12 FROM COLONEL TOWNSHEND TO COLONEL HALKETT. DRUMMONDVILLE, 21st June, 1838. Sir, I have the Honour to report to you for the information of His Excellency the Major General Commanding that I was yesterday waited upon by Captain Sibley, A.D.C. to Brigadier General Brady, United States Army, who sent him over for the purpose of communicating to me such intelligence as he had been able to collect of the intentions of the Pirates now infesting both frontiers, and which I have embodied in the document No. 1. The General begged his name might not be mentioned; but having been down to the neighbourhood of Sackett's harbour, Oswego &c., the A.D.C. assured me the intelligence was collected from a person in the confidence of Bill Johnson. He also informed that General McComb had arrived at Sackett's Harbour, and that General Brady was now on his return to Detroit, where he was fearful some mischief was in agitation against our frontier. No. 2 is a deposition made before Major Elliott of the Queen's Own and is confirmatory of the intelligence already laid before His Excellency. I have &c. H. D. TOWNSHEND, Major 24th Regt. & Colonel. DEPOSITION OF ROBERT DOAN. Niagara District. to wit. Personally came before me George Elliott Esqre. one of Her Majesty's Justices of the Peace in and for the District of Newcastle, and Major of the "Queen's Own," Robert Doan of the township of Crowland of Upper Canada, Inn Keeper who being duly examined and sworn, doth say, that on his way home from Port Robinson, on the night of the 19th instant between Port Robinson and Cook's mills he the said deponent met a body of armed men to the number of twenty or more, some of the party on passing him called him a damned Tory, and that deponent considered his life in danger, and made the best of his way home. Given under my hand and Seal at Cook's Mills this 20th day of June 1838. Robert Doan. GEO. ELLIOTT, J.P. FROM JAMES MAGRATH TO COLONEL TOWNSHEND. ST. JOHN, U.C. 1/2 past 6 A.M. (June 21). Sir, I have just arrived here, and found all my men disarmed, and one wounded in the head (send out a Doctor). There were about 100 well �13 armed-they first fired a volley into the house, it is completely riddledMy men fought well-they wounded three, and they believe that one is killed. All the Arms and Ammunition and horses are taken-My men said they would never give up, and the rebels set fire to the House, when the men surrendered-The rebels went towards [the] River, and it is supposed they have a Camp there, and amounting to more than three hundred-I will reconnoitre here till the arrival of the Infantry-Some of my men are missing-The rebels took about $1,000 from Mr. Overholt, and took Mr. Davis's horse, If I find it practicable I will advance a Picket-Let there be no time lost in sending the Infantry-The people here are in great excite- ment. Word is gone to St. Catherines. your obt. Servt. JAMES MAGRATH, JNR. Lt. Queen's Lancers. Colonel Townshend, &c., &c., &c. FROM CAPT. JOHN H. PALMER TO COLONEL HALKETT. QUEENSTON 12 o'clock A.M. 21st June, 1838. Sir, I have the honour to state for the information of His Excellency Major General Commanding that I have just been informed by most unquestionable authority, that a party of Rebels attacked the Detachment of the Queen's Lancers stationed at the Short Hills by surprise last night -that the lancers fired on, and killed four and wounded others. That the Rebels then set fire to the Barracks which obliged the lancers to surrender as prisoners-The rebels then took possession of their arms, ammunition, clothing, and Horses, and allowed the men to escape. It is further stated that a general attack is anticipated from the American frontier this night, and that the rebels dont apprehend the slightest opposition from the American troops. I consider it my duty under present circumstances to make this Report direct. I have the honour &c. JOHN H. PALMER, Capt. Comdg Detachmt. Since writing Lieut. Colonel Clark has arrived from the falls and confirms the above report, the strength of the Rebel force is unknown. J. H. P. Colonel Halkett, Military Secretary, &c. &c. �14 FROM COLONEL TOWNSHEND TO COLONEL HALKETT. DRUMMONDVILLE, 21st June, 1838. Sir, I hasten to inform you that information was brought in this morn- ing of the party of Lancers stationed at St. John's having been attacked and cut off. I immediately sent out Lieut. Magrath with all the men of the Troop he could collect here, to reconnoitre and procure such information as he could collect of the circumstance-I enclose his report-The sergeant who was in command has this instant arrived, and states that about 2 o'clock A.M. the house in which they were quartered was surrounded by a party of armed men, having white ribbands in their hats and an eagle on the side, to the Amount of 200, they fired several volleys into the house, wounding one man, the Lancers resisting until the house was set fire to, when they surrendered and were marched four miles into the Country prisoners, they were then released, their horses and arms being taken from them. I have ordered Lieutenant Magrath to withdraw his Detachment, and shall not replace them or divide my forces until it can be ascertained where the marauders have taken shelter-Three of the enemy are said to be wounded. I have called upon the Magistrates &c. to put the Country on the alert, and I shall do all in my power to have the scoundrels seized and brought to justice, but I cannot help thinking that there is an unaccountable degree of apathy or unwillingness on the part of the community to turn out or to give information. Something more than Infantry are required to route these ruffians out of their strong holds, and a few Indians, I imagine, would be desirable to scour the woods and break up their Camp. I shall write again on the subject as soon as I have received further information: in the meantime I am anxious to put His Excellency in possession of what has already come to my knowledge. I have &c. H. D. TOWNSHEND Major 24th Regt. & Colonel. Colonel Halkett Asst. Military Secretary, &c., &c., &c. FROM JAMES MAGRATH TO COLONEL TOWNSEND. BATTLE GROUND INN. 11 o'clock P.M. June 21, 1838. Sir, According to your order received this morning at 5 o'clock A.M. (after communicating to you the report I received of our Detachment at �15 St. John being attacked by the Rebels) I proceeded with 1 Cornet, 1 Sergt., 1 Trumpeter and 11 men, all that were off duty to St. John, where I arrived at 1/2 past 6 o'clock, when I found the report too true. My men were attacked between 2 & 3 o'clock A.M. by nearly 100 well armed men. After the Centry fired they overpowered the Guard and fired several volleys into the house which is completely riddled and every window broken to pieces. My men, who were in an upper room, returned the fire Briskly from the windows and top of the stair, one of the men, Gilbert Adams, was shot behind the ear, the ball passing by Serg't Bailie's face, who was firing out of the window, the men behind loading and handing him the pistols. Adams fired twice after being wounded, the rebels then fired up through the floor from the Room below and still my men refusing to surrender they set fire to the house, and my men not wishing to have the Landlord injured at last surrendered, the rebels then took 9 horses and all the accoutrements, arms, cloaks, & saddles, there was very little ammunition, having nearly fired it all away, the rebels had one man killed and 3 badly wounded. They took all the men except Adams prisoners. The rebels had a Doctor, John Wilson, but they would not let him dress Adams. After bringing my men about a mile they released them, first wanting my men to take an oath not to serve the Queen or fight against the Patriots and if ever they caught those fighting again they would hang every one of them. The rebels said they fought for Liberty and would never Lay down their arms and frequently called for the officers to be delivered up. Corpl. Thos. Dandy is missing and I fear killed as there is no account of him yet. On getting the ball extracted from Adams's head and writing you a Report of what had happened, I pushed forward in the direction of Rice's Tavern in Pelham with some of the St. John's Detachment who prepared horses but [were] unarmed, searching all the houses as I went along. I was assisted by Mr. John Kalar of St. John's, who was of the greatest use to me, owing to his accurate knowledge of the country and people; he was taken prisoner by the Rebels in the morning (and can identify most of them) but was released. I particularly recommend Mr. Kalar to your notice as a Loyal and brave man, who stood by me the whole day. The Rebels took $400 from Mr. Overholt and $1,000 from his father & said if they mentioned anything of it their house would be in ashes before three days. I found all the beds in Rice's Tavern had been slept in the night before. I then got information of ten of the rebels passing about 7 o'clock mounted on our horses with our Lances &c., and going towards Jennings's, to which place I immediately proceeded and found that they had passed on. I afterwards received information about three miles further on, that Jennings's son was one of them. I returned and arrested his Father & brother and brought them back to Rice's, where I returned to feed the horses & get my men some refreshment. I then received your Letter (brought by one of my men from St. John's) ordering me to return to Drummondville but having received Information of where two wounded Rebels were at Tice's I determined to take them and mounting Serg't Roberts and three of the �16 men on fast horses sent them to bring them in, and Capt. McMicking and part of his troop having just arrived I requested him to assist my order which he did most willingly, and having learned that the head Quarters of the Rebels was at Kempt's in a Tamarack Swamp, I determined to attack them and marched by a different road the remainder of my men joined by some Volunteers who had arrived from Niagara and St. Catherines. On arriving at Kempt's Tannery, which is situated amongst a Lot of Hills, one of the worst places I ever saw for an attacking party to enter as the Hills are very high on each side of the Road and thickly wooded, my Videt pointed out a man running along the Valley. I sent Mr. Heath, (whose Gallant and brave conduct is above all praise), with two men to intercept him whilst I searched Kempt's House. I then in a few minutes followed when I saw Mr. Heath's horse had got into the swamp, but Mr. Heath, leaping off and leaving his horse, followed the man on foot, who was calling all the time to his friends in the Wood not twenty yards off, (stated to be about 200), to come to his assistance. He was armed with a rifle when Mr. H. reached in on him and threw him down, when he proved to be the notorious Chandler, Col. commanding Gen. to the Rebels, who had arrived the night before from the States, fulfilling the saying of his family to whom he wrote stating he would "arrive with Lord Durham when they would have everything their own way." Unfortunately Mr. Heath lost both his pistols (and one of his scales) when his horse swamped, else I would not have had the trouble of bringing him in a prisoner to you. I was just over when Mr. Heath was about fifty yards from the rebels, (who never fired a shot), when I heard a shot and on galloping back, I found that my Videt, John Mills, who I left on the road, had shot one of the Rebels running across the Valley in sight, and as the wood could not be entered by horses, I did not wish to dismount as we had not our rifles with us, and not wishing to expose my men farther, being unsupported by Infantry, I returned to Rice's, it raining heavily till we got there, and took the prisoner Brown on my return when I found that my Sergeant had the two wounded prisoners, Hart and Warner. I then put all the prisoners into a waggon and returned to St. John's, accompanied by Capt. McMicking's troop and part of Major Dixon's, who had just arrived when I met Col. Rorback, who I requested with Capt. McMicking to remain at St. John's, as you had ordered me to bring all [my men] back. I received the prisoner, Hedger, at Allanburg from Col. Robinson. It may seem invidious in my mentioning the Gallant, Brave and Steady Conduct of some of my men, who all conducted themselves Gallantly but I would be doing an Injustice if I did not call attention to the conduct of Sergeant Bailie, officer in Command, who, it is reported to me, fired six shots through one window which I saw knocked to pieces, his escape was miraculous, also Corporal Thos. Dandy, (missing, supposed to be killed), and Gilbert Adams, (wounded), also John Searson, one of the Guard, for carrying the Intelligence so quickly to me, (being on the St. John's Detachment), and Sergeant Roberts and John Mills, and all the men I brought from Drummondville. I send a list of each Detachment. �17 There is a circumstance I beg leave to call your particular attention to, it was with great difficulty I could restrain my men (naturally enraged at the cowardly attack on their comrades) from shooting or hanging the prisoners and it was not till I gave my solemn word & Honour that if found Guilty (of which there can be no doubt) they would all be hung, that my men gave up stating that they should die, which I hope you will be pleased to represent to the Lt. Governor. The Rebels had only left St. John's about an hour before my arrival, but not knowing which way they went I had to stop to get information, also I could have come up with the whole of them. We were about 18 hours on horseback and only stopped once at Rice's. The prisoner Chandler said if he had got the officers and Mr. Davis they would not have taken anything else, as it was Determined to hang them, this can be proved by 4 of my men who heard him say it, and also he regretted not shooting Mr. Heath when he was running up to him, the rebels on taking some of the caps threw them down and said they would not wear the damned things with the Lion on. Chandler said he would shoot any one of the men after taking them prisoner in the serg't's hearing. I hope you will excuse the hurried manner in which this is written & erasures as I am very much fatigued. I have the honour to be, Sir Your ob't servt. JAMES MAGRATH, Lieut. Queen's Lancers in Command of Detachment. Lt. Col. Townsend. P.S. enclosed I send a list of each Detachment and also of Horses &c., &c., that were taken. Mr. Heath found Bullet Powder in Chandler's pocket. FROM THE DAILY BUFFALONIAN, FRIDAY MORNING, JUNE 22ND, 1838. MORE PATRIOT DISTURBANCES-Blood Shed-What we have been looking for, and were weeks ago assured might be confidently expected, has happened. The "rumor" given in the Commercial of last evening of the affair between a party of some 18 or 20 lancers and a collection of Patriot forces, with some loss of life, is confirmed by one who was present. He says the attack was made by the lancers, about 13 miles west of Chippewa-13 lancers were killed. A house and barn were burned. Our informant also states that there is a large number of Patriots, well armed, waiting for the word to strike. It is certain that a large number of refugees scattered along the frontier for a month past, nearly all have disappeared, and with them sundry cannon, &c. Something decisive may soon be expected. �18 Thursday Evening, 11 1/2 o'clock. STILL LATER FROM OVER THE BORDER.-A gentleman from Chippewa informs us that he saw the wounded lancer, who said that he was the only one of the party that escaped. He says that the greatest excitement prevails on the other side. The British officers swear that it is the Americans who are making the trouble, and that the next push must be to cross over and give us a fight on our own territory. Dispatches are said to have been received in town, stating the number of the Patriot forces, their places, &c. The U.S. Troops are on the qui vive, several having been sent for to the Theatre, in the greatest haste. FROM THE DAILY BUFFALONIAN-SATURDAY MORNINGJUNE 23RD, 1838. The news of yesterday is confirmed. All the Lancers, the number of which is stated variously from 20 to 50; were killed or taken prisoners.- The Lewiston Telegraph extra of Thursday night says: "McLeod is stated to be one of the Patriot leaders, and Samuel C. Frey is also supposed to be among them. For the last ten days the Canadian Refugees have been returning by night in small parties, and we have understood their rendezvous to be at the Short Hills. "This morning 110 regulars and some volunteers were ordered from Chippewa and Drummondville into that district, but as the Patriots have now commenced the war, the woods are alive with them, and the regulars will probably all be cut to pieces within twenty four hours." Blood, revenge, and murder appear to be their object now. The people can have no hopes of establishing their independence. They appear only to wish to harass the Royal troops as much as possible. The whole Province is in a terrible condition-the ground uncultivated-the best of the population emigrating, and a large portion of the people, by months of suffering of insults and wrongs-and loss of property, driven to desperation-and changed from men to savages.-Unhappy Canada! FROM ALLAN MACNAB TO WILLIAM MERCER WILSON, OF SIMCOE, ONT. HAMILTON, 23rd June, 1838. Sir, Having received the command of His Excellency the Major General commanding to call out the Militia of this District, I have the honour to request that you will forthwith move down the shore of Lake Erie extending as far inland as possible and exploring and examining the whole of the �19 country as you advance. In the event of your meeting with any bodies of disaffected persons in arms you will endeavour to make them prisoners -and will exercise your discretion in detaining any suspicious individuals whom you may discover on the march. When you shall have satisfied yourself that you have completely scoured the country west of the Grand River, you will advance to Pelham where you will join the force under my command. In consigning this duty to your care, I feel satisfied that you will exercise every vigilance and discretion that may be required from an officer having so important a service to perform and will observe, and if necessary report to me upon any circumstances of such a nature as may require it. I have &c. ALLAN MACNAB Coll. Comdg. 3rd Gore. (Miscellaneous papers of Judge W. M. Wilson of Simcoe, Ont., Registry Office, Simcoe.) FROM THE BROCKVILLE RECORDER AND THE EASTERN, JOHNSTOWN, AND BATHURST DISTRICTS ADVERTISER. BROCKVILLE, (U.C.) Thursday, June 28th, 1838. (From the Niagara Reporter Extra.) REBELLION AGAIN. Between last night and this morning, a body of men armed with muskets and bayonets, commenced an attack on Mr. Osterhout's Tavern, Short Hills, where a party of Lancers, 10 in number, were stationed. The Lancers were asleep in bed; but on the alarm being given they got up and betook themselves to arms. The marauders on finding themselves opposed, set fire to the house, on which the besieged surrendered. one of the other party were wounded. Three Lancers, and Two neighbouring farmers, Mr. More and Mr. Carr, on hearing the firing went to the spot to ascertain the cause of it, and were taken prisoners. They found some of the brigands dressed in the uniform of the Lancers, whom they had stripped. Others of them wore badges of white cotton on their caps. Mr. More, who communicated the intelligence to our informant, a gentleman of unquestionable veracity, knew several of the party. Chandler, Humphery, and Doan, are the names of three of them. Mr. More asked Chandler what was the intention of the movement. He replied that they had been driven from their country by an arbitrary �20 government, that they would not suffer the Province to be overrun with soldiers, that they returned to take back their property at the point of the bayonet, and were sufficiently backed to ensure them of success. They compelled the two farmers to swear on a book that they would not take up arms against them, they having refused to join them, before they would release them, which they did after daylight in the morning. The wounded robber was sent away in a waggon forcibly taken from Mr. John Davis, almost the only loyalist in that neighbourhood. In the morning the party retreated towards Lyon's Creek, where they have been encamped for some time. They took eight of the Lancers as prisoners along with them. long is this state of things to be endured? How Toronto and Kingston are swarming with troops and the frontier is so defenceless that from thirty to fifty armed men have crossed the line, and taken actual possession of the country. Their camp is in a tamarack swamp between Chippewa and Gravelly Bay. And it is believed that there will be great difficulty in dislodging them owing to the particular nature of the locality, with which they are well acquainted. Report says that two of the Lancers made their escape by jumping from a window, and that the others have been set at liberty. It is also said that one of the Lancers has since died of his wounds. FROM THE BROCKVILLE RECORDER AND THE EASTERN, JOHNSTOWN, AND BATHURST DISTRICTS ADVERTISER. BROCKVILLE, (U.C.) Thursday, July 5th, 1838. (From the Niagara Chronicle.) FRONTIER INVASION. NIAGARA, une 27th. The following narrative is, we believe as near the truth as in these times it is possible to come. An assemblage, from the state of New-York, of refugee Canadians and American Sympathizers has for some time been collecting on Buckhorn Island, which is situated in the Niagara River, a little above the immortalized Navy Island, where they had collected 78 stand of arms, 5 boxes of cartridges and one keg of powder. This assemblage did not exceed 100 men, but they would have increased their numbers had not Henry Chapman, (a runaway auctioneer from St. Catharines whose character is sufficiently bad to entitle him to high rank among modern patriots), in haranguing the company, which called him Captain, enjoined them to spare neither man, �21 woman, nor children; his auditors were chiefly sympathizers, and, however congenial the advice might be to the dispositions of patriots, it was a shade too bloody for their tastes, so the greater part deserted. The rest, (with the exception of General McLeod and a few others, who joined another force on Navy I., for the presumed purpose of debarking at another point, or, more probably for the purpose of awaiting the result of the operations of the first invading force), crossed over to the main shore in small parties, and, after encamping a few days in the woods above Chippewa, mustered all their strength, and under cover of the bush, moved on into the interior. When near St. Johns late on Wednesday night last, they were informed that a party of Lancers was posted at Osterhout's inn, and that a farmer in the neighbourhood, named Overholt, had sufficient specie in his house to make it worth while robbing him. To effect the latter object, a squad was despatched, and by them a booty, as is stated in the St. Catharines Journal, of $1,000 was obtained. The main army was divided into three companies, all armed with muskets or swords, and, led by a Pelhamite, they advanced to the attack of the Lancers, the whole of whom, except a sentry posted outside the inn door, were quietly in bed. The sentry challenged the marauders, when not receiving a satisfactory answer, he dis- charged his piece and made for his companions, followed closely by the assailants, who poured a volley into the house, broke open the door, seized the arms of the Lancers, which were below stairs, and made the whole of them prisoners. Two of the Lancers were slightly wounded, and after the sentry got up stairs he fired out of the window and shot one of the rabble thro' the thigh, but no lives were lost. The Lancers were conducted some two or three miles into the woods, when deprived of horses, arms, and equipments, they were set at liberty. On Thursday morning the intelligence was spread far and wide in all directions, and the whole country was immediately on the QUI VIVE. The various troops of Dragoons in the District, and several companies of Militia were immediately called out; in addition to which, the Queen's Rangers arrived from Toronto, and were immediately marched to Chip- pewa. His Excellency the Lieut. Governor came over from Toronto, and on Monday morning a Proclamation appeared, offering a reward of £500 for the apprehension of James Morreau, the leader of the robbers, and a free pardon to such of his accomplices, not being ringleaders nor having committed any murders, as would surrender themselves. It would seem that after the affair at St. Johns, the gang had separated into small parties, concealing themselves in the woods, and subsisting as plunder afforded them the means. A vast number of prisoners were captured by various parties detached to scour the woods. The following six captured by the Militia in Gainsborough on Saturday last, were safely lodged in our gaol on Monday night; they were all engaged at St. Johns, and near to the spot where they were captured, were found eleven stand of arms, with 300 rounds of ball cartridge to each, together with sundry swords, pistols, &c. and a Lancer's Cloak was taken fron the shoulders of Kemp; their names are: �22 Edward Seymour, Canadian. John Grant, do. John James, do. American, Solomon Kemp, Garrett Van Camp, do. Joshua McMullen, Scotchman. Van Camp has made a valuable confession, which will do a good deal towards unmasking traitors, discovering concealed arms, and exposing the designs of the Brigands. Yesterday the following prisoners were brought down from Drummond- ville in custody of a detachment of Capt. Dickson's troop, and lodged in Gaol; Samuel Chandler, Benjamin Wait, Norman Mallory, James Waggoner. Chandler and Wait were leaders; the latter bore a Major's commission, and in his possession were found various papers containing much useful information. The Lieut. Governor left this post for Toronto last evening, having previously intimated that a Commission will sit here next week for trying the prisoners. To-day Lieut. Heath and a party of Lancers have brought down the following prisoners; Street Chase, (this patriot escaped conviction for felony at our last Assizes by the skin of his teeth), Robert Kelly, Freeman Brady, and Lorin Hedger. Lieut. Heath states that he saw in custody at Drummondville, James Morreau for whose apprehension Sir G. Arthur offers a reward of £500, and also Silas Fletcher, for whose apprehension a similar reward was offered by Sir F. B. Head. is a prisoner. From another source we hear that Gibson, Ex-M.P.P., Most of those above named are Navy Island or London District heroes, and two or three of them are said to have been concerned in the destruction of the Peel. A vast number of prisoners are confined at Drummondville. FROM J. B. ROBINSON TO SIR GEORGE ARTHUR. TORONTO, 28th June, 1838. Sir, I am much obliged by the opportunity afforded to me by Your Excellency of perusing the Despatch of Her Majesty's Secretary of State for the Colonies of the 1st June (instant) respecting the case of Edward Alexander Theller convicted of High Treason. It was, I must confess, with much concern that I read the following sentence of His Lordship's Letter-"This opinion" (the opinion of Her Majesty's Law Officers transmitted with the Despatch) "affirms as you will perceive the legality of the conviction of Theller, while it points out an important error into which the Provincial authorities appear to have fallen, with respect to foreigners concerned in the late insurrection." �23 Nothing could well be more painful than to discover that in proceedings of so important a character, an erroneous course had been pursued; and so far as respects my own share in them as a Judge presiding at some of the Trials, I was not free from apprehension, for I am well aware how unaccountably it some times happens that considerations the most obvious fail to present themselves at the moment when they require to be entertained. I turned therefore with some anxiety to the Report of the Crown Officers which accompanied His Lordship's Despatch, and was relieved when I found that the error was not in any thing that had been done, by the Provincial Authorities, but that either in respect to the facts of the Law, an error had found its way into the Report of Her Majesty's Law Officers which it is difficult to account for. "We have the honour" (the Law Officers say) "to report that we are of opinion, that there is no valid objection in point of Law to the conviction (of Theller). "We feel it our duty in this case to observe that the Provincial author- ities seem to have fallen into an important error, with reference to the case of foreigners who have been taken in the Province while participating in the rebellion. They were all clearly Guilty of High Treason, just as much as the natural born subjects of the Queen-From the moment when they came within this Province they owed to Her Majesty a temporary allegiance, the violation of which subjects them to the penalties of High Treason in the Case of Theller the application of this principle is unnecessary as he was clearly a natural born subject-How far it may be deemed fit to carry into execution the capital sentence in his case is not a matter in which, on the information before us, we are competent to offer advice, but we feel it right to apprize Your Lordship, that we see no distinction in point of Law between his Guilt and that of the Americans who are joined with him in the same enterprise." I am at a loss to understand from this Extract whether the Law Officers did, or did not imagine that an idea prevailed here that Americans or other Foreigners who had resided in Upper Canada for any period, receiving the protection of our Laws, would not be guilty of High Treason if they violated the duty of Local allegiance which they owed in return for that protection. If they supposed such a doctrine to have been maintained here, it is difficult to conceive how they could have fallen into that error, for I need scarcely observe to Your Excellency that the reports and communications that have gone from this Government must have shewn in point of fact several of those who have been Indicted and actually attainted of High Treason were American Citizens (alien born) who being resident in this Province had participated in the Rebellion, and who were therefore unquestionably liable to be punished as Traitors upon a principle familiar to everyone. But considering the Letter placed before the Law Officers for their opinion and the language used in their Report they must, I suppose, have been aware that with the exception of Theller, who was Indicted as a Traitor, the Americans who invaded Upper Canada at Amherstburgh, and at Point �24 Pelé Island were Aliens by birth, who had never lived "in the Queen's peace," nor enjoyed for one moment the protection of the Government or Laws which they came to overturn; and who owed therefore no allegiance to the British Crown at the time of their coming from a Foreign Country as an invading army to attack Upper Canada. The language of the Crown Officers is so very comprehensive and unqualified that it really seems designed to extend to the case of persons under these circumstancesIndeed if it were not so intended it would be of little or no importance upon the reference made to them. And still I can scarcely believe that they can have meant to deliver it as their opinion that the very act of hostile Invasion by American Citizens was in itself High Treason, in other words that they could be accused of violating upon this occasion an allegiance that they did not owe-Such an opinion would be repugnant to reason, and in opposition to authorities so numerous that it would seem absurd to cite them. I can not forbear adding that considering the responsible and painful nature of the duties thrown upon the Courts and public Officers of this Colony on the occasion referred to, it cannot but occasion regret to find an opinion so readily formed and expressed against the legality of their proceedings And as that opinion has been clearly taken up in error I trust that Her Majesty's Secretary of State will think it just and material to take care that the Error is noticed in any publication of the documents and correspondence on this subject which may take place under His Lord- ship's authority. I have the honour to be, &c, JNO. B. ROBINSON. His Excellency the Lieutenant Governor. FROM ALLAN MACNAB TO WILLIAM MERCER WILSON. HAMILTON, 29th June, 1838. My dear Sir, I am just informed that a party of Rebels has rescued a Prisoner by the name of Willson-who was one of the party that attacked the Lancers at the Short Hills-I request you will immediately proceed with your troop to the neighbourhood where the Rescue was made and endeavour to retake the Prisoner as well as those concerned in his rescue-apply to any officer of the militia on your route for assistance should you require it. I am yrs faithfully ALLAN N. MACNAB. Unaddressed.) ((Miscellaneous papers of Judge W. M. Wilson of Simcoe, Ont. Registry Office, Simcoe.) �25 FROM C. A. HAGERMAN AND SIR W. H. DRAPER TO GEORGE ARTHUR. TORONTO, 29th June, 1838. Sir, We have had the honor to receive the Copy of an Order in Council of the 27th Instant, directing that the Despatch from "His Lordship the Secretary of State for the Colonies, with the opinion of Her Majesty's legal advisers on the case of Edward Alexander Theller", be laid before the Law Officers with directions to report thereon, so far as the same relates to the cases of American Citizens coming into the Province for the purpose of levying war, And further directing "The Crown Officers after perusing these papers to advise whether such Citizens can in their opinion be tried and convicted of High Treason, as appears to be the opinion entertained by Her Majesty's Law advisers." And further directing that we should state "whether we have sufficient doubt upon the subject to make it advisable in our opinion to put one or more such persons upon their trial, for the purpose of obtaining a formal adjudication of this question." And in compliance with these directions we have attentively perused and considered the dispatch of His Lordship the Secretary of State, and the opinion of the legal advisers of Her Majesty relative to the case of Edward Alexander Theller, and we have the honor to report that we continue to entertain the opinion that aliens who have never resided in this Province, and who owe no local or temporary allegiance to Her Majesty, and who invaded this Province in hostile array, for the purpose and in the Act of levying war upon Her Majesty are not liable to be treated as traitors, and put upon their trial and convicted of High Treason. We beg at the same time to state that notwithstanding the confidence we feel in the correctness of the opinion we have expressed we should hesitate (in deference to the authority so much higher, and entitled to so much greater confidence than our own,) to advise His Excellency to be entirely guided by it, and we should rather recommend that one of the prisoners- an alien charged in the manner already stated-with having made war on Her Majesty should be brought to trial, for the purpose of obtaining a solemn decision of the point, from Her Majesty's Judges in this Province: but these learned persons having repeatedly during the late trials expressed their opinion against the legality of convicting for High Treason a prisoner charged under such circumstances, we consider that no benefit would result from such a proceeding. We have the honor to be &c. CHR. A. HAGERMAN Atty General. WM. H. DRAPER Solr. Genl. WELLAND PUBLIC LIBRARY �26 DEPOSITION OF HUBERT JAMES. Hubert James a native of New Brunswick, and for some time past a resident in Lockport, in the State of New York deposes that he left that town on Friday last, and that the "Patriot" committee there have been holding frequent meetings of late, and from the bustle and activity apparent on the part of the various members, they appear to have some important measure in hand: that the members of the Committee are Dr. Duncombe and MacKenzie, Gibson, Cameron, Fletcher, Williams, Mackie, Mayhew, and others whose names deponent does not know. That they hold their meet- ings in the Eagle Tavern, and although none but their sworn friends are admitted thereto, yet the holding of these meetings is a matter of public notoriety and the authorities there, if they do not countenance their pro- ceedings, nevertheless wink at them: That the Magistrates of the Town openly express themselves in favour of the "Patriots." That for some time past the Rail Road Cars have contrary to their usual practice, started towards Buffalo during the night loaded with "Patriots." That small arms are constantly arriving from different parts for their use, and the gunsmiths and armourers, about Lockport are hard at work repairing arms for them -That Mayhew and Williams (two of the Committee) not knowing who deponent was, and supposing him to belong to their people, intimated to him that a grand attack was to be made on Canada on the 3rd, 4th, or 5th Insts., when the Patriots already on this side, to a great number are to rise, and be supported by others, who will cross over to their assistance-That deponent was informed by a person from Buffalo, whom he knows to be in some degree in the confidence of the "Patriots" that about 3,000 had crossed over to this Province from above Buffalo, that the common impression about Lockport is, that there are a great many of these people (lately arrived) in Canada, that it is the subject of General conversation there, and no one appears to entertain a doubt of it-That about a fortnight ago a person from Toronto, a spy of the "Patriots" arrived in Lockport, and meeting the deponent asked him if he knew where Fletcher was, to whom deponent conducted him, They (Fletcher & the Spy) entered into conversation together in the hearing of the deponent when the spy told Fletcher, that there was no use then to think of making an attack on Toronto, as there were too many troops there: That Gibson a few days ago arrived at Lockport from this Province, and stated that he had a very narrow escape. That deponent understands that General McLeod is at present organizing a force up at Detroit. HUBERT JAMES. Sworn before me at Niagara this first day of July 1838. Malcolm Laing J.P. �27 PETITION OF WM. MCCAUSLAND, JOHN SERSON AND GILBERT ADAMS. To His Excellency, Sir George Arthur, K.C.B. Lieutenant Governor of Upper Canada, &c., &c., &c. The Petition of Wm. McCasland, John Serson and Gilbert Adams, Humbly Sheweth That your Petitioners were in the Queens Lancers and on Duty at the Short Hills on the 21st June last when they were attacked in the House they were stationed at by a large body of Rebels. That Petitioners returned the fire of the Rebels and kept them off a considerable time, but on the House being set on fire they had to quit it, and were taken Prisoners, and detained till next Day. Petitioners take leave respectfully to state that your Excellency visited them at Drumdsville and approved of their conduct and was pleased to say they should be rewarded. Your Petitioners therefore entreat your Excellency to take their case into consideration and be graciously pleased to order them such remuneration as to your Excellency shall seem meet, and your Petitioners as in duty bound Will ever Pray, WM. MCCAUSLAND, JOHN SERSON, GILBERT ADAMS. FROM THE NIAGARA REPORTER, FRIDAY JULY 20TH, VOLUME 6, NO. 1838. 1. The Special Commission commenced its sitting Wednesday, Mr. Justice Jones presiding. The Sol. General appears for the Crown. True bills for felony have been found against Miller, Morreau, and Mallory, Americans, and for High Treason against Chandler and Waite. There are 42 prisoners for trial, 10 of whom were brought from Hamilton last night (Tuesday). Niagara Chronicle. The trial of George Cooley, an American citizen and one of the Short Hills "Patriots" came on to-day. The witnesses against him (as we under- stand, for we were not present) were the Lancers and one Hart, an Englishman, who has been admitted as evidence for the Crown. Verdict "Guilty," if according to the late act, those who accompanied him were found to be British subjects, which can scarcely fail to be done, as some of the party �28 who are British subjects have yet to be tried. The act is an absurd act throughout. His case is of course, reserved for the consideration of the Judges. Hart stated that 28 of them came over at the upper end of Navy Island. That Chandler made them believe that 800 were ready to join them on their landing. That they had about 40 muskets and rifles, with ammunition but no bayonets, that they came "to take Canada," that they had been nine days in the country, before the Short Hills affair and were supported in the interim by the inhabitants, and that several of the latter joined them before the attack on the Lancers. He says they consulted previously to the attack, and that Morreau and Chandler objected to it on the ground of its being premature. It was accordingly put off till the next night, when they still objected. Dr. Wilson and one Beemer accordingly took the command, and Morreau and Chandler served as privates. Hart received a wound in the cheek during the rencontre. The prisoner Cooley, had no counsel, but at the request of the Judge, Mr. Boulton undertook the defence, which he conducted with much ability. Morreau's trial comes on to-morrow. Whitten was tried to-day before the Special Commission now sitting, and acquitted. FROM THE NIAGARA REPORTER, NIAGARA, FRIDAY, JULY 27TH, 1838. (From the Niagara Chronicle.) SPECIAL COMMISSION. Saturday, July 21st, 1838. James Morreau, indicted for felony under the act of the last Session of the Provincial Parliament, which provides for the punishment of foreigners found in arms with British subjects against the peace of the Province, was placed at the bar for trial. The Sol. General conducted the prosecution, Mr. Boulton appearing for the prisoner. After Messrs. F. G. Nash, G. Nash, John Usher, Edgeworth Usher, and Charles Stanton had been chal- lenged by the Counsel for the defence, the following Jury was sworn: Peter W. Tenbroeck, William Murray, James B. Clendennan, James Taylor, John F. Mittleberger, John Dobie, William Forsyth, Daniel Beamer, George Secord, Adam Mingle, John Eakins, and Robert Nixon. The Sol. General opened the case by observing that although a scheme had been concocted for overturning the British Government it was a source of infinite satisfaction to feel that even our enemies could not avail them- selves of the advantages of British protection, and it is a happy reflection for the inhabitants of Upper Canada that the punishment of those by �29 whom they had been wantonly assailed was left to the decision of an impar- tial Jury. The Canadians did not, as justifiably they might have done, take the administration of justice into their own hands and execute the banditti by whom their lives and property were attacked on the very spot where they were captured, for they felt so strong in the power of the laws that they needed no other protection; and the fact that the foreign leader of a violent and unprovoked outrage is brought to a peaceful trial affords the strongest possible moral lesson of the forbearance of British subjects as well as of the utter futility of attempting to overthrow their existing institutions. The learned Gentleman then adverted to the provisions of the Act passed last Session for the trial of cases like the present, and observed, that although in this instance he should be able to prove most distinctly that the prisoner, being a citizen of a foreign state at peace with Great Britain, had joined himself with British subjects in arms against the Government, yet, in his opinion, it was not necessary for the purposes contemplated by the Act to prove that those with whom he was leagued were born British subjects. As well as the natural allegiance there is the local or temporary allegiance, owing to the Sovereign by domiciled residents holding property for the protection they receive from the laws, and the learned gentleman endeavoured to prove at some length that these residents would come within the scope of the Statute, and might be indicted for Treason, as well as born British subjects. The question would not, however, arise in the present case, and he only adverted to it because discussions had taken place on the subject, and as it might happen again, he thought it necessary to state his opinion. -After some observations on the facts of the case the learned gentleman called Charles Eady. I know the prisoner, whom I first saw on the Grand River, about three miles above Dunnville, on the Monday or Tuesday after the attack at St. Johns. I was then on duty having charge of a patrol of four men; I had sent out two of my men with instructions to stop all passengers; but they foolishly let the prisoner and two others pass them, and the three came into the tavern where I was stopping. On interrogating them, the prisoner said that his name was Morrison, that he was a tanner and currier at Chatham, and that he had been stopping about four weeks in Queenston; but he did not know the name of any person in Queenston except the Commissary. I detained them all night, then took them before the Magistrates, and afterwards brought them down to Colonel Townshend. On our way the prisoner was recognized by one of Mr. McMicking's men at Marshville, who called him Colonel Morreau. When brought before Colonel Townshend he acknowledged that his name was Morreau, and that he was a Pennsylvanian by birth. him. I did not see either arms or papers about Raymonds and Taylor were the men taken with him. Edward Seymour. I am a Canadian, born in Kingston, and lived in Vaughan in the month of May last, at which time I went to visit an uncle living at Palmyra. In June some time I came back and when near Man- chester met a man armed with sword and pistols, and shortly afterwards Now called Niagara Falls, N.Y. �30 three more, similarly armed. One of them was named Bennett, and is I think a Canadian. They asked me where I was going; I said to Canada. They said I must go with them, and taking me to a house at Cayuga Creek, opposite Grand Island they swore me to be true to the patriot cause. They then took me into a boat, in which were two unarmed men, and we went to Buckhorn Island. They said they were coming to take Canada. On the Island I saw 60 or 70 muskets, a quantity of Cartridges and a keg of powder, and was told that the main body had previously crossed to the Canada shore. As it was getting near day we rowed to Navy Island where we found a body of 20 or 30 men, commanded by Gen. McLeod, who asked Bennett, whether he had got the men? Bennett said one. McLeod asked if he would fight, saying d-n him he must fight. I was unarmed, the other four had pistols. We left Navy Island and crossed over the river, landing in the bush above Chippewa, where we remained all day. At night we went forward and stopped at a barn about a mile from Rice's tavern, where the old camp had been; Bennett; a stranger came to us who appeared to know he told us that the party had removed into Winchester's bush, and directed us to go by the main road towards Rice's, when we should probably meet some one on the lookout to show us the way. At the cross roads we met a man who directed us to Winchester's bush. On arriving at the Camp, I saw the prisoner there with about 30 men; he was styled Colonel Morreau: I have no doubt prisoner is the same man. A musket and cartridges were given me. There were about 35 men in the camp. We had plenty of provisions in the camp, some of which were brought by Aaron Winchester, whom I knew when I lived in the Short Hills about four years ago. James Campbell, Abram Clark, and John Brown were in the camp, but they remained only a short time and did not return again. Freeman and Alex. Brady, both Canadians, came to us, as did also James Hayslip; Waite was there, and passed as Major, Alex. McLeod was there, as also Beemer, who was a Captain. Samuel Chandler was with us, remain- ing in the day time and going home in the evenings; he was called Commissary and brought provisions. We remained in the camp a couple of days before the attack on the Lancers. We marched out in three divisions; the first, commanded by Beamer, left about 9 o'clock at night, the second and third left about 11, and prisoner was with them. which was commanded by Lalor. I was in the third When we left the camp prisoner said, "Boys, if you are determined to attack the Lancers, don't touch any private property; the first man that does so shall be punished." The 2nd and 3rd divisions stopped at a school-house, where in about an hour we were joined by the 1st. They brought nothing to us that I saw. The 1st and 2nd were then marched towards St. Johns to attack the Lancers, prisoner going with them, armed, and we were ordered into a hollow. While there we heard considerable firing, and when we afterwards went on to the hill, we found the Lancers prisoners. where the attack was made. We were stationed about half a mile from We found two of our party wounded, Warner and Hart; we put them into a waggon and went back to the camp, where we remained till towards evening. We heard Chandler halloo, and some �31 of the party went out to see what was the matter; on returning they said that he was taken prisoner. We then retreated in a body up the Canboro road as far as the Narrows, where we stopped two or three hours, and then marched up the Chippawa, carrying our arms having a musket a man. Morreau acted as Colonel and there was no person of higher rank with us. Kemp, having his own rifle with him, retreated with us as far as the Narrows, where he left us. We kept in a body till about 3 miles above Smithville when we began to disperse, the Colonel and Major being a little in the rear. I left my arms against a tree and went on to Smithville with John Grant. I never heard the prisoner say that he expected a large force to join him, nor that 35 men were enough to support the patriot cause. Kemp was not at the attack on the Lancers, but joined us subsequently and retreated with us. A one-eyed man named Wilson, that wore spectacles, used to come to the camp to give information. A Dr. Wilson was at the attack on the Lancers and carried a musket; I saw him last above Smithville, when he went forward with a small party. Cross-examined by Mr. Boulton: patriots when I first met them. me to take the oath. I had no intention of joining the I did so by compulsion, and they forced I would have made my escape, but no opportunity offered. Orders were given that if any man attempted to run away, he was to be shot. A guard was kept day and night in Winchester's bush, but I never was on duty. The musket they gave me I tried and found to be loaded. I was in Vaughan last December, but did not turn out on either side; if I had been warned out on the part of Government, I should have gone; no other went out without being called, but I had a job of chopping. Re-examined by the Solicitor General: I made a statement at Smithville, not on oath, which was different in some respects to what I have now said. I told an untruth to avoid trouble. Between making that statement and this time I have had no conversation with either Hart, Warner, or Doan. Robert Bailey, sergeant in Major Magrath's company of Lancers Was one of a party of seven on duty at Osterhout's Inn, under the command of Lieut. Heath; it was between 2 and 3 o'clock in the morning when we were attacked. I saw the prisoner in the street, and heard him called colonel by the party; he had a brace of pistols in his belt, a rifle in his hand, white ribbons on his hat, and an eagle on his side; he gave some directions to his party to take care that none of us escaped. Waite, Seymour, Hart, Doan, and Beamer were there. We were marched about two miles and a half, and then set at liberty by order of the prisoner, before which he had proposed making us swear not to take up arms against the patriot army. Cross-examined by Mr. Boulton. Seymour was in the street, when in consequence of the inn being set on fire, We went out and surrendered. We afterwards met another party of them. James Wells Doan. I was born in this Province, and was at the attack on the Lancers. I first saw the prisoner on Burntship (Buckhorn) Island. and was with him constantly about 3 weeks in arms both of us all the time. About 30 of us crossed to the Canada shore together; Seymour did not cross �32 with us but he was at the attack. We had muskets, rifles, pistols, swords, cartridges, &c. Altogether we had about sixty stand of arms, most of us carrying two apiece. Col. Morreau, Major Waite, McLeod, Beamer, Dr. Wilson (a tall thin man with a large Roman nose) Tell, Hart, Warren, and Chandler, were among the party who crossed over. When in the camp Kemp and Winchester furnished us with provisions. Kemp went off with us after the action, as I think to avoid being arrested. The prisoner objected to the attack on the Lancers, stating that our friends had not joined us as he expected, and that we had better withdraw. He gave up the command to Beamer and others but went with the party and acted as a private, carrying arms. The Colonel expected to be joined by great numbers from the Short Hills, and Kemp and Winchester told us they could raise four or five hundred men. A young man, named Hayslip, employed by Kemp, joined us. I was taken prisoner at Hamilton, Whitson being with me. When the word was for us to disband and each take care of himself, I left my arms and ammunition on a fence, and there were about 20 stand of arms left within a mile of Birkbeck's house, near the Twenty. A party left us in the early part of the evening when the attack was made, but for what purpose I know not. Capt. Beamer and Dr. Wilson had command of the party in charge of the Lancers. By the Judge. I joined the party on the other side from the reports that I heard of the numbers that would rise to make war with the Govern- ment, and give liberty to the country. James Cummings, Esq., J.P. The prisoner was brought before me at the Falls on the 27th June. Witnesses were examined, and prisoner was cautioned against making admissions. The statement I hold was made by him, and is witnessed by Col. De Latre and myself. (The statement was read wherein prisoner declared in effect that he did not command the attacking party; that he was a Pennsylvanian by birth; that he had been in the Province for a short time about 3 years ago, and that on the present occasion he had been a fortnight in the Province.) believe he was born in the Home District. I know Waite and I have known Chandler for 8 or 10 years; at the time I first knew him, he lived at the Short Hills, from whence he went across the Lake to the Gore District. I think he is an Amer- ican by birth. Dr. Lefferty. I have known Waite 6 or 8 years; he has told me himself that he is a Canadian. I have known Kemp a number of years, as also Winchester, who is, I believe, an Englishman. I have known Chandler 16 years, he purchased a property at the Short Hills, voted at elections, and exercised all the rights and privileges of a British subject. I know Christian Brown; he has a son named John who was born at the Short Hills. J. W. Doan, recalled. week. We were in arms in the country upwards of a Col. Morreau had the command up to the time the attack was made. We were paraded and drilled, prisoner passing and repassing at the time. Samuel Sparl. I live in the London District. Jacob Beamer is a born anadian, lately living in Scotland.' The village of Scotland in the County of Brant. �33 Philo Bennett. Jacob Beamer was born in the Province. Dun- combe's headquarters were at his house. Stephen Hart. I know the prisoner; saw him at the attack on the Lancers, when he carried a rifle. am an Englishman. Don't know who fired on the sentry. I Charles Morgan. On the night of the attack, I was living at Abram Overholt's in the township of Thorold. A number of men, I suppose nearly 100, armed with muskets, pistols, &c., came to the house, and after obtaining a light, demanded arms and ammunition, and then robbed the chest of $1,040 in specie, the whole of which they took away. (This witness went down into the gaol and identified Warner as one of the parties present at the robbery.) Martin Overholt. I live in Pelham; on the night the Lancers were attacked a party of armed men came to my house, and first asked me for guns, saying they must get all the radical guns they could before the rebels came round. They afterwards took five shirts, three silk handkerchiefs, all the silver in my pocket, a note of John Moore's and about $300 in specie and notes, the whole of which they carried away. to me, and I heard no names pass among them. They were all strangers One of them told me if I stirred before two days I should be shot, and all my property would be in ashes; this man said he had lost a fine property in the Province, and he had come to take revenge. Charles Heath, Lieut. in Major Magrath's Lancers. I fell in with Chandler about two or three in the afternoon of the day after the attack. The paper produced was taken from a small wallet in his possession. (The paper referred to was the subjoined proclamation, the reading of which excited considerable merriment.)' This was the case on the part of the Crown. Mr. Boulton briefly addressed the Jury but offered no defence, resting his case on the unconstitutionality of the act by which the prisoner was tried. His Lordship, in summing up, observed that that was a matter which the Court could not then decide. The act was passed by the Legislature in consequence of a rebellion, to protect the country; it had passed the three branches, was therefore the law of the land, and the Court was bound by it. We had suffered the most lawless aggressions from foreigners; we were in a state of war, not from internal insurrection, but from external sympathy -from enthusiastic individuals attempting to bring among us the same sort of liberty enjoyed by themselves, which a vast majority of the inhabitants .of Upper Canada disdained to receive! The prisoner and those leagued with him might have been summarily executed without trial, they being no other than pirates and outlaws; or they might have been tried and executed by Court Martial. To the honour of the country, however, the prisoner had the benefit of being tried by a Jury to which his counsel could make no "This was the proclamation purporting to be signed by Morreau, dated June 7 at Fort George. �34 objection. His Lordship shortly adverted to the facts of the case, and the jury, not deeming it necessary to hear the evidence read, retired for about two minutes and returned with a verdict of GUILTY. The Solicitor General thought he would not be doing his duty to the community, as public prosecutor, if he did not call for immediate judgment against the prisoner. Mr. Boulton moved for an arrest of judgment on the ground that the act under which the prisoner was tried was unconstitutional. He contended that the Provincial Legislature had no power to pass such an act, creating, as it did, an offence against Great Britain. It was well known that this opinion was entertained by many gentlemen of eminence at the bar, and as this was the first conviction under the act which had taken place in a court of justice, he hoped judgment would be stayed until the matter could be argued before the Judges. He cited Sutherland's case in which no judgment had been given by the Court. His Lordship said that Sutherland's case rested on no question as to the unconstitutionality of the act but merely on weight of testimony. He was not aware that the Judges in England had ever decided that a law was unconstitutional which had passed the three branches of the Legislature. Mr. Boulton said he had omitted one argument, which bore very strongly on the matter,-he meant the power of the Crown to disallow any act of the Provincial Legislature. His Lordship said that the objection would apply with equal force to every act of the Colonial Legislature. He would mention the objection of Counsel to the Judges, and Executive Government, but the three branches of the Legislature having passed the act, it is the law of the land and the Court cannot dispense with it. Proclamation for silence having been made His Lordship addressed the prisoner in nearly the following words:James Morreau-you have been convicted of an offence for which your life is forfeited; you have entered this Province for the purpose of giving liberty, such as you enjoyed in your native country, to the inhabitants; not content with enjoying it yourself you would have forced upon them what they did not require. You might fancy yourself in the performance of a philanthropic act, but you have doubtless, ere this, found out your mistake. You have discovered that the people of this country desire not to exchange monarchical for republican institutions. Your life was forfeited at the moment of your capture, but you have been preserved to undergo a full and fair trial before an impartial Jury. The fact of your guilt-of your having entered the country in a hostile manner, and waged war against the Queen's Government has been made to appear, clearly and undeniably. Have you anything to say why sentence of death should not be now pronounced upon you? The prisoner making no reply, sentence was pronounced in the usual form, and he was ordered for execution on Monday the 30th July instant. �35 FROM THE NIAGARA REPORTER, NIAGARA, AUGUST 3RD, 1838. (From the Patriot.) DOINGS OF THE REBELS IN NORWICH. Dear Sir.-Will you allow a niche in your circuvaluable and widely paper for the following facts? latedOn Wednesday, the 27th June last, a Doctor Wilson of Yarmouth, (an American quack) was arrested in Norwich by Philo Bennet and Cyrus Sumner, Sheriff's Bailiffs, on a charge of having been concerned in the attack upon Major Magrath's Lancers at Short Hills, and robbing Overholts. The arrest was made in the afternoon. The same evening Wilson was brought to Doyle's tavern in Burford, and next morning put into a single horse waggon, in company with the driver, to be conveyed to London gaol, the Bailiffs accompanying on horseback, when near the Canfield farm, about ten miles from Burford, the bailiffs were fired upon from behind a temporary ambuscade-the teamster's horse killed, and Sumner's horse badly wounded, Bennet made prisoner and disarmed of a valuable brace of pistols. After effecting Wilson's rescue, robbing Bennet of his arms, and setting him at liberty, the party, thirteen in number, made their way into the bush in the direction of Norwich. Bennet lost no time in applying to Colonel Whitehead of Burford, who, as a magistrate, immediately took his (Bennet's) information and sent off despatches in every direction, detailing the outrage, and desiring such measures might be taken as would prevent the escape of any of those miscreants. Early next morning Col. W. left Burford for Norwich at the head of 65 well armed Volunteers, and 80 Indians, where he met Col. Brearly of the 1st Oxford, and Capt. Gibson from Woodstock, with their Volunteers. The ensuing evening brought in Captains Dady, Deeds, Jackson, Johnson, Burns, from Woodstock and Blenheim, Captain Dobie from Talbot Street, and Capt. Wilson of the Norfolk Cavalry, with their respective companies, making a force of about 500 men. In fact the whole country appeared on the "qui vive," so suddenly and extensively had the several despatches spread the news of the outrageous attack of a band of lawless freebooters made upon the civil authorities. The magistrates present immediately formed themselves into a court for the examination of all suspected persons, and the Militia and Indians were directed to scour the woods, take up all suspicious persons, and bring in their arms. This service was performed to admiration. The result of these investigations was of the greatest importance to the community at large, more particularly the Township of Norwich. After fifteen days' close investigation, the magistrates succeeded in discovering a most desperate and bloody plot for a general rising and massacre to take place on the night of the 3rd July. It came out in evidence that several persons, lately from the United States had visited Norwich and other townships in the London District, for the purpose of establishing a Lodge or secret society, (the oaths, passwords, signs, and rules were cogitated at Lockport) having �36 for their object a general and simultaneous rising on the night of the 3rd to disarm the Volunteers, kidnap the magistrates, Militia officers, and principal loyalists, and put to death all who resisted them-establish a government of their own-all in connection with influential Americans, from whom they had every assurance of support. The leaders of this Lodge, as they termed it, had 100 to 150 names enrolled for this township, who had taken the oaths and received the passwords and signs, and were ready to act on the night of the third, in concert as they were told, with Yarmouth, Westminster, Oakland, Blenheim, and Dumfries, a part of Burford, in fact with all the disaffected townships in the Province The following is their oath:- "I swear, in the presence of Almighty God, that I will keep secret and inviolate the secrets of the Lodge of Chasseurs or Hunters; furthermore I swear in the presence of Almighty God, that I will keep secret from all but a brother chasseur or hunter, and them only when called upon to do so; and that I will not write, print, inscribe, mark, or delineate any plan or signs belonging to the Lodge of Chasseurs or Hunters, excepting to a brother chasseur, and secrete or give timely notice to a brother chasseur or hunter of evil towards him that may come to my knowledge. All this I promise faithfully to perform to the best of my ability under pain of having my throat cut to the bone, and my worldly goods destroyed. Their pass words and signs are as follows:- The first question put is, "Are you a Hunter?" So help me God." If this question is asked on Monday your answer would be "Yes, on Tuesday," at the same time placing the fingers of the right hand over the left. The second pass word would be put by the person of whom the first question was asked. "Is there a racket?" with your hands placed as first, and the fingers spread to imitate the meshes of a snowshoe, the answer would be "Snow Shoe." If any doubt exists as to either being fully initiated, they approach each other and shake hands, by taking hold of the inside of the wristband of the shirt with the finger and thumb of the right hand, pressing the palms together. They administered other oaths and signs, as belonging to what they termed the second degree. These were not obtained. FROM THE NIAGARA REPORTER. NIAGARA, Friday, August 3rd, 1838. Morreau. This unhappy man was executed last Monday. The con- course of spectators was not very great, the proportion of women to that of men among the crowd was remarked to be unusual. It is really disgusting to see so many well dressed and apparently respectable females so thoroughly unsexing themselves. An execution is a spectacle few men can witness without horror; what then is to be thought of women, to whom the attributes of modesty, gentleness, and mercy, are as a crown of glory, suffering �37 themselves to be jostled in the midst of a gaping and unfeeling crowd, in order that they may enjoy the dying pangs of a fellow creature? The wretched man died without the slightest struggle. ently suffered much mental agony subsequently to his trial. was so altered that he could not have been recognized. disclosures that he made. He had evid- His appearance We heard of no He stated that he had come down from Detroit in quest of employment, and at Lewiston-that vilest of all vile placesmet with some of the "patriots," who by misrepresenting the probabilities of success in an incursion upon Canada, and persuading him that large numbers in this country were ready to join them, prevailed on him to assume the subordinate rank of Colonel in what they called the "patriot army." The proclamation which was produced as evidence against him was the sole production of one Law, a printer, who figured last winter for a short time in our gaol, on suspicion of being a Navy Island spy, and who subsequently, contributed largely to supply the Lewiston Telegraph with those incendiary appeals, and flagitious falsehoods, which so long inflamed and misled the minds of the vile and the ignorant of his countrymen. It is to the conduct of this basest of the base frontier press, in particular, that the misery and distress into which so many poor creatures have plunged themselves are in a great degree attributable. The guilt of Morreau's death is most emphatically on the head of the conductor of the Lewiston Telegraph; because by the unparalleled mendacity of that print he was seduced into crime. The reports of criminal trials in this week's paper, are necessarily very meagre. The engrossing nature of other duties at present devolving on us, prevented them from being written out with sufficient care, and the want of room limited us to a brief outline. At the same time we hope that they contain the main points of the evidence. The pleadings of counsel we could not possibly give. Indeed we think there is far too much of it for all the effect it has on the minds of an honest Jury, determined to be guided by evidence alone. SPECIAL COMMISSION. Wednesday, August 1st, 1838. This day the adjourned Special Court again opened. Lynus Wilson Miller, an American citizen, was brought up for trial on a similar indictment to that under which James Morreau was convicted of felony under the new act of the Provincial Legislature, providing for the trial and punishment of foreigners found in arms with subjects of Her Britannic Majesty. The Solicitor General conducted the prosecution, and Mr. Boulton was counsel for the prisoner. Miller is a very tall and rather good looking �38 young lad between 20 and 21 years of age. His manner during the trial evinced more of indifference or insensibility than might have been expected from one who it appears is characterised by enthusiasm. He some times seemed to be under the influence of absolute drowsiness, and at others his eye lighted up with an expression of wild bewilderment. He has altogether a stage-struck kind of air about him. The following are the names of the Jury: John Cox, Daniel Field, Jared Stocking, James Rogers, Robert Gilkinson, Ralph Morgan Long, Edward Powell, James Fraser, William May, Adam Stull, John Lampman, Jacob Hayner. Five jurymen were challenged by the prisoner's counsel, viz.-William Ford, Benjamin Lawrence, George Lawrence, Laughlan Currie, Peter Keefer. The Solicitor General opened the case with much ability, and at the same time with much feeling towards the unhappy prisoner at the bar. He stated that the prisoner might, in accordance with the late act of Assembly, have been tried by the law martial. The learned gentleman spoke com- passionately of his youth, of his blighted prospects and respectable connections. He might be an enthusiast and he believed he was, still it was necessary to protect the people of this country from the effects of such enthusiasm. He had made a voluntary declaration, on which occasion, he had been permitted to cross-examine the witnesses who appeared against him. On his own admission he was an American citizen, We did not go to the United States, a country with which we are at peace, to place him in difficulty. It was his own act, and every advantage had been allowed him in his being brought to trial before an intelligent and impartial jury. We cannot even give an outline of the very able address, to which we referwe only hint at a leading point or two. The first witness called was James Wells Doan. Was born in Upper Canada. Saw prisoner for the first time on the patriot camp ground previously to the attack on the Lancers. The party of which witness was one, crossed the Niagara river under the command of Colonel Morreau. rifles, pistols, swords, and ammunition. party was to give liberty to Canada. Were all armed. Understood Had muskets, the object of the Thinks Waite, Seymour, and Hart were of the party. Was not acquainted with any of them before. Believes one McNultry was with them. Is sure Beamer was. Prisoner was with them all the time, and was armed with a musket and bayonet. After the attack prisoner returned to the camp ground on one of the Lancers' horses. Had been as much as three or attack on Osterhout's tavern. four days in camp before the Witness belonged to the third division under Captain Lalor. Cross examined by Mr. Boulton. Never saw the prisoner do duty. Observed him frequently alone, with a paper in his hand. Very abrupt in his manner of speaking, and flighty in his conduct. good talents, but something peculiar about him. himself. He was apt to contradict Had a lancer's cap on before leaving St. Johns, and was mounted on one of the Lancers' horses. coats. Considered a man of Witness did not see him have on one of their �39 Stephen Hart. Was with the party that came over from the United States under command of James Morreau. was not with them when they crossed. command. Seymour Waite was, and they were all in arms. Cannot say what was their object. to Canada. Saw prisoner in the camp. Cross examined by Mr. Boulton. Is an Englishman. Was told it was to give liberty Prisoner did no duty and had no Have seen him alone in the woods talking to himself and using absurd gestures. Has put questions to him which he did not answer like other people. Thought him unsettled in mind. Examined by the Solicitor General. instance of his giving indirect answers. manner. Cannot mention a particular Saw him walking about in a strange There were no passes nor guard; he might have gone away if he wished. Edward Seymour gave evidence in the same effect. Also that he heard prisoner and Dr. Wilson talking about the projected attack. Prisoner did not come over with the rest. He seemed to dissuade the others, and said it was a "nonsensical thing." They had better return. The odd manner of the prisoner was spoken of in the same indefinite way as by the former witnesses. William McCausland, one of the lancers. the rest of the party after the attack. Saw prisoner walking among He had a musket. The reason of the lancers surrendering was that they were smoked out by the house being set on fire. Did not surrender for three quarters of an hour or an hour. There was a large party outside-perhaps 100. A good many had two guns. Prisoner took a sergeant's frock coat, and mounted himself on one of the horses belonging to the lancers. Prisoner's object in putting on the coat and cap was that he might be mistaken for one of the lancers, and thereby the more easily effect his escape if any alarm should be given. Knew some of the party before. Grant was a waggon maker in Toronto. Knew McLeod in Yonge Street and Seymour in Vaughan. Cross examined. It was the prisoner who took down the lancers' names. Doan and another wanted to shoot them. Prisoner objected. It was he who told them when they were liberated, that if they were again caught in arms, they must take the consequences. Col. Delster, (De Latre?) who took the prisoner's declaration, said he considered him as an enthusiast. His declaration was voluntarily given. Prisoner's declaration was put in and read. It stated in effect, that he had been sent over by refugees to ascertain what had become of their friends, to see their condition and prospects, and then return with his report. That when he found them so few in number, he endeavoured to dissuade them from persisting in their expedition and advised them to return to the United States. That he told them they were stamping their characters with infamy, that they were violating their pledge, and that although they should succeed in conquering Canada, that would not wipe away the stain upon them for breaking their pledge. This was the case for the prosecution. Mr. Boulton, having addressed the Jury at considerable length, called two witnesses in support of the plea �40 of insanity which the prisoner's counsel in opposition to his own wish had set up. He meant to have defended himself. William G. Miller, brother to the prisoner. weeks ago that his brother was in gaol here. N.Y. Prisoner left in February last. Heard first about three Lives in Chautauqua County, Thinks the prisoner's mind not the same as before for two years. He had studied law for about three years, first with lawyer Millan, and taught school during the winter, then with squire Osborne, and since with lawyer Potter. Thinks he left Potter's on account of his state of mind. overstrained by study. strange. He was flighty. Perhaps his mind was Remembers one instance of his conduct being He said he had been sick and lost a large sum of money which he never had to lose. Afterwards said it was wrong and he must have been insane to have imagined such a thing. Has no reason to think he ever was in a condition not to know right from wrong. does know what is going on here now. Remembers no other particular instance of insanity but the story about the money; was flighty in general. not doing well. Should think he but thinks his mind After prisoner left home witness was afraid he was Did not think he required anybody to take particular care of him. Wrote and sent messengers to bring him back but he did not comply. Thinks he was capable of exercising an opinion on the propriety or impropriety of not returning. In answer to a question by a Juryman- the general impression of friends was that prisoner's mind had been affected for two years. Origen Cressy. Lives 8 miles from prisoner's father. Knows him from childhood. His mind was generally understood to be affected. Some people thought it was from study, others attributed his strange manner to religious enthusiasm. He could sometimes write a very good piece. He had not been as usual for two years. (This witness here corroborated the other's statement regarding the story of losing the money, and nobody believed it at the time.) said Prisoner's eyes used to roll and glare sometimes. Cross examined. Could not say what induced the prisoner to tell the story about the money. He had been sick about the time. considered himself dangerous to or others. Ran He was not into debt wildly, and sometimes obtained money from his father under false pretences. Last fall he imagined he was to be elected member of Assembly. Could not be elected as he was under age. Witness saw him last fall in Buffalo, and by request of his parents, tried to prevail on him to return home. he had some business to attend to and could not go. up the lake. His employer in Buffalo He said He talked of going told witness that he did not find him capable of attending to writing; but he might improve. Thinks his employer attributed this incapacity to the state of his mind. Has no reason to think him incapable of knowing that he is now being tried for his life. The Solicitor General addressed the jury in an able and eloquent speech to which we cannot further allude for want of room. The Judge �41 summed up the evidence briefly and clearly; and the Jury after being retired for a short time returned with a verdict of "Guilty," accompanied by an "earnest" recommendation to mercy. William Reynolds, a Pennsylvanian, and respectably connected, and Norman Mallory, also an American, who has some property in Chicagoboth mere youths,-pleaded guilty, and prayed for the mercy of the Court. Thursday, 2 August, 1838. Samuel Chandler was brought to the bar and arraigned for high treason. After 27 jury men had been challenged the following were sworn:-John Bessey, Dan. Beamer, Joseph Montague, Andrew Thomson, Archibald Galbraith, James Cudney, Samuel S. More, Timothy Hixon, W. C. Chase, William Steele, John Martin, Adam Mingle. The Solicitor General, having explained the law of high treason at great length, and in his usual lucid manner, called the witnesses in support of the prosecution. Garnet Heath of the Lancers was not present when the attack was made on Osterhout's tavern, where the Lancers were quartered. recalled to headquarters ten days before. in the interval. Had been He visited the post occasionally The party of Lancers at the tavern-eight or ten men― were under the immediate command of Sergeant Bailey. Early on the morning of the 21st June an alarm reached headquarters that an attack had been made at the Short Hills. (The witness here detailed a number of circumstances, which, though interesting, did not bear on Chandler's case.) He and Squire Adams were together when two persons were seen in the act of secreting themselves or running away. forward to take them. Witness seized Witness and Adams rushed Chandler who was one of them. They had a struggle and witness' epaulets were torn off. Prisoner was at last overcome, pinioned, and taken before the magistrates for examination. James Cummings, Esq., and Dr. Lefferty, magistrates, deposed to a written declaration made by the prisoner before them. The Declaration stated that the prisoner left Canada last fall in company with a man, who is not named, that he was on Navy Island last winter, and that he had come over again to Canada, a short time ago with a body of armed men under command of Morreau-that he was not present at the attack on the Lancers; but had come up on hearing the firing. One of the papers found on Chandler runs thus, so far as we could catch the words owing to the bustle in the Court. "Mr. Chandler, "Sir. I want you to let me know how soon you will be ready for business. I have some arms at Amherst. "G. C. Stevens." Probably W. L. Mackenzie. �42 Dr. Lefferty had known prisoner for 10 years. Always considered him a respectable, industrious man till he fell into the hands of that party who have ruined him and many others. Believes prisoner to be a naturalized British subject. Knows that he has voted at elections. He voted against witness at the election in 1836. Never doubted his right to vote. Saw him last about the 9th or 10th of December. was going on at Toronto. busy. Prisoner told Witness asked him if he knew what Prisoner replied he would warrant they were witness on being examined before them after his recent capture, that he had a rifle with him on the occasion referred to. If witness had known at the time, would have taken the rifle from him on I the ground of his being a suspicious person. Prisoner's wife and family never left the Province. Robert Bailey, Sergeant in the Lancers. Was up stairs in bed when the attack on the house commenced. The sentry came up and gave the alarm that he was fired upon by a party from without. There might be 50 shots fired upon the house, through the roof and walls. fire. They had pistols. Lancers returned the Did not surrender for three quarters of an hour. The party without brought bundles of straw to fire the house. Saw prisoner ouside, armed and acting with the rest of the party. witness and When his companions were being marched as prisoners to the woods, Chandler was in the advanced guard. Thought there was from 100 to 200 outside of the house. On being taken into the woods, an oath was proposed to them that they would not again take up arms against the patriots. recommended shooting them. Morreau proposed the oath. were taken down and then they were released. Chandler Their names Is perfectly sure Chandler said it was better to kill the damned tories. William Smith, private in the Lancers. to give liberty to Canada. Heard them say they wanted Some one said they (the Lancers) were to be hung up like Lount and Mathews, and that they had the ropes with them for that purpose. Heard Chandler say something-does not know what. Did not see him take anything out of the house. Edward Seymour, prisoner. across from the United States. Canada. Was with the party when they came Understood their object to be to take Never saw Chandler have arms when he was in the camp; but has seen him bring provisions three or four times into the camp and knows he was called Commissary. Cannot say whether he had any regular appointment or not. Did not see him at the attack. Beamer that night. First division under Capt. Does not know that prisoner was with it. Chandler left the camp after the attack, and was immediately taken prisoner. Knew this by hearing the hollowing. An armed party went out to see what was the matter. Stephen Hart. Has known Chandler five years. Saw him in Buffalo. Afterwards prisoner called on witness a few miles from Lewiston where he then lived. Saw him again on Grand Island with the party who were coming over to Canada. Twenty-eight came over. Prisoner came with the party under Col. Morreau, understood they were to be joined by a force on this side who were waiting to give liberty to Canada. Their object in �43 attacking the Lancers, was to get their pistols. Dr. Wilson got some provisions. While in the camp ground at Winchester's, prisoner brought provisions so also did Winchester. We were all armed. St. Johns, and was with us at the attack. Cross-examined. Chandler was opposed before. fire. to Prisoner had arms at the attack Does not think he was a regular Commissary. the Did not see him Was wounded myself at the commencement of the attack. Chandler prevented mischief to the neighbours. night Thinks Heard him advise the party to go away and not make the attack at all, for they would all be taken prisoners. John Davis corroborated the testimony of Dr. Lefferty as to the prisoner having voted at elections. Charles Morgan described the circumstances of the robbery at Over- holt's, as they appeared on Morreau's trial. Did not see prisoner there. Mr. Boulton for the defence addressed the Jury at great length and called witnesses to prove that the prisoner's object in being present at the attack, was to provide against violence which might be offered to the per- sons or properties of his neighbours. William Kalar saw Chandler when the Lancers were prisoners. Did not hear him say anything about hanging the tories. Appealed to Chandler to procure the release of the prisoners. He accordingly spoke to Morreau, and they were released shortly after. Did not see him interfere particularly. He seemed inclined to be merciful to witness. Said he would protect his neighbours. He had a rifle and seemed to stand guard over the prisoners. Robert Aikman lives at Short Hills, was at Osterhout's after the attack. Saw Chandler there, did not see him in arms. Could not say he saw him interfere. Some one said the prisoners should be shot, and another said no. Chandler was occupied in taking care of Hart who was wounded. Witness was not taken prisoner. McKinnon was taken prisoner by the rebels about five o'clock in the morning after the attack. Chandler took him aside and told him that a party of men who had been driven from the country, had returned to take revenge, and that he had come with them to protect his neighbours. Chandler told the colonel that witness was a private citizen, and that he should not be taken along. Did not hear him say any thing about hanging the tories. He had a gun or rifle. James Wells Doan, prisoner, saw Chandler the night before attack. Heard him try to prevent it. Did not see him at the attack. immediately after the Lancers had surrendered. of hanging the tories. Saw him Did not hear him speak There were 35 or 40 at the attack. Heard Chandler advise the party not to injure women and children. Mr. Boulton again addressed the Jury on behalf of the prisoner urging upon them the solemn consideration that the life of the unhappy man was in their hands, and that if they found a verdict against him, nothing could save him from an ignominious death. The Solicitor General replied in a speech replete with eloquence of the most perspicuous description. He allowed its full weight to every argument �44 that could be urged for the prisoner, and deprecated the appeal which had been made to the humane prejudices thus assumed to be entertained by the jury, respecting the punishment predicted by the prisoner's counsel. He denied that Mr. Boulton or himself could tell what would be the result of a verdict of Guilty. That was in the hands of the Government. (No prisoner can possibly suffer injustice at the hands of such a prosecutor as Mr. Draper; for he makes not the slightest attempt to mislead or bewilder a Jury. They must understand him if they understand any thing.) The Judge summed up the evidence at great length; and the Jury after having retired a very considerable time, returned. Verdict-Guilty, accompanied by a recommendation to mercy on the ground of the prisoner's former good conduct, and his desire to protect his neighbours. Friday, August 3rd, 1838. The trial of Benjamin Waite, the "patriot" major, came on. could not attend to take notes of the trial. Verdict-Guilty. We Recommended to mercy. The Judge asked on what grounds, to which, after some hesitation, the foreman replied, "On no particular grounds." Counsel for the prisoner Mr. Stewart. Thirty-three Jurymen were challenged. James Gammel, John Grant, Murdoch McFadden, John James McNultry, and Alexander McLeod, pleaded guilty. William Yerks acquitted on the ground of being kept in the "patriot army" by compulsion, and that there was no credible evidence against him. FROM THE NIAGARA REPORTER, FRIDAY, AUGUST 24, 1838. The wives of Chandler and Waite, two of the condemned prisoners for the Short Hills affair, went down last night in the Canada. They intend waiting on Sir John Colborne at Sorel, and thence proceed to Quebec for the purpose of imploring Lord Durham to spare the lives of their husbands. One has been married only 18 months, the other has a family of 7 or 8 chil- dren. Morn. Courier. FROM MARIA WAIT TO COLONEL COUPER. CORNWALL, August 18th, 1838. Colonel Couper will be pleased to excuse the liberty taken in addressing him when he takes into consideration the vast importance of the case to the writers. I would beg to say that Miss Chandler and myself met his �45 Excellency Sir George Aurthur at the Coteau du Lac on our way and personally presented the letter which Colonel Couper kindly tendered us. On his Excellency's perusal of the same which was in our presence he told us what I write with a breaking and disconsolate heart that although he had granted them a respite of six days he could give us no hope that the lives of our dear friends would be spared, Although he sayed that their petitions which he had already received were very numerously and respectably sighned, he sayed there were many paliating circumstances adduced yet he could not say that he would commute alas the dreadfull sentence of the law death. Oh that we could be participators in the benighn mercy so graciously extended to the Lower Canadians by the humane and truely Noble Earl of Durham, whose mercy in Lower Canada forcibly reminds me of the Fathers caracter in our Saviours beautifull parable of the prodigal who seeing his hitherto rebelious child affar off wishing with a penitent heart to return to his duty not only pardons his offence but caresses him. Could we hope for any thing even similar what gratitude would swell our now agonized bosoms, we could then say truely we have been mercifully dealt with. I do implore Colonel Couper for his love of mercy and sympathy for suffering humanity to interest himself sincerely for us and we will have confidence yet that his Excellency Lord Durham when he has investigated the whole matter may exercise the prerogative of mercy towards us for which we will ever pray. MARIA WAIT. The Hon. George Couper. FROM THE NIAGARA REPORTER, FRIDAY, AUGUST 31ST, 1838. The persons under sentence of death here are respited till the 1st of October-that is their sentences are commuted, or will Sutherland, they are set at liberty altogether. be, if not like It is very likely that our Government think they have acted with a great deal of wisdom in this affair. we think otherwise; and if there is treason in differing from them, what does it signify. As matters stand we would just as soon be convicted of high treason as be convicted of owing somebody a debt that we could not pay. As soon we said-ay much rather; because in the one case we should be set at liberty in spite of justice, and in the other we should have to pay the "uttermost farthing." We care nothing at all about those wretches, whether they are hanged or not; and less than nothing do we care about being called, as we have been, "blood thirsty"; but we do care about the Government of our country maintaining some kind of character. We believe that no individual dotard since the days of the first idiot, ever exhibited such unutterable folly and inconsistency as the people in Toronto who call themselves the government, have done in this Short Hills affair. Let us look at it for a moment. �46 Some twenty or thirty vagabonds, without name or nation, came over in arms for the avowed purpose of "taking Canada." So far as that went it was madness only; but they besieged and set fire to one dwelling house, and robbed another-that was guilt as well as madness. Well a mighty fuss is raised, and in this very office a proclamation, offering a reward for the chief of the gang has to be printed on Sunday. well as most of the gang, is taken. try them. Subsequently he, as A Special Commission is appointed to Among the first who are tried is Morreau, the acknowledged leader of the expedition so far as its mere folly goes. He is found guilty and executed accordingly. Now we wish the distinction to be kept in view, that the coming over for the purpose acknowledged was madness only, and that there was positive, unmitigated guilt in the subsequent transactions of the party. Morreau was the insane leader of a horde of madmen-he was convicted of the folly and hanged-the others are convicted of the guilt as well as the folly, and virtually pardoned. Morreau was weak enough to take the command of an expedition whose object he thought was the liberation of a whole people. The people needed not his interference, and he was hanged for his pains. When, in addition to folly, crime was to be perpetrated, others took the lead. They are tried and convicted but mercy which according to Shakespeare, endorsed by Sir George Arthur in one of his public documents, "is not strained," has been "strained" in their behalf. If it is the policy of the Government to conciliate the disaffected, we can tell them they have miserably failed. It will be asked-nay the question has already been put by hundreds in our hearing-why was Morreau, the least guilty of the party executed, while those who not only participated in his crime, but actually seduced him into the commission of it, are treated with lenity? We know that but for Beamer that unhappy man would not have engaged in the wild crusade which cost him his life. It was proved in evidence on his trial that he protested against the attack on the Lancers -that he actually refused to take the command. Now, here is this Beamer, who actually led the party to the attack, who in his own person was guilty of arson and burglary-to say nothing of attempting to commit murderhere is Chandler, who is proved to have suggested that eight men, who had never done him nor his an injury, should be murdered in cold blood-here is Waite, who has been a villain from his earliest youth, and who was conspicuous in this affair-here is McLeod, who was pardoned once before for a similar crime-here are all these vagabonds taken under the wing of royal mercy. What, let us ask, is the meaning of this? Why is it that Lord Durham's maxim: "justice towards the guilty, mercy towards the mis- guided" is reversed? Why is it, we emphatically ask, that the "misguided" Morreau should have been executed while the "guilty" Beamer &c. are allowed to go unpunished? We repeat we care nothing about the fortunate escape of these men from death, per se; but why should the execution of the laws depend on a dictum as capricious as it is inexplicable? It amounts to this that a single individual is to be punished for the minor crimes of arson and robbery, while mercy is extended to an organized band, who �47 have been found guilty of the same crime, simply because they have in addition committed high treason-the highest offence known in law. In one word Morreau was executed for being guilty of madness, and now those who drove him mad,and steeped their own souls in guilt are virtually pardoned for to that it will come at last. Next winter will show the wisdom of this policy on the part of our government. We understand the Short Hills "patriots" are again on the move. We shall see by and bye what will be the end of this beginning. NOTE. At this time Robert Gourlay was living at Niagara with Thomas Sewell, the publisher of the Reporter, and it is not improbable that he may have written this editorial. Sewell considered it necessary to deny that he was the editor of the paper some months later. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "A Twice-Told Tale: The Insurrection in the Short Hills in 1838" essay by Ernest Alexander Cruikshank, c. 1926 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource General History Books Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "A Twice-Told Tale: The Insurrection in the Short Hills in 1838" essay by Ernest Alexander Cruikshank, c. 1926 Subject The topic of the resource Insurrection in the Short Hills Description An account of the resource Scanned copy of the essay "A Twice-Told Tale: The Insurrection in the Short Hills in 1838"by Ernest Alexander Cruikshank, c. 1926. Creator An entity primarily responsible for making the resource Ernest Alexander Cruikshank Source A related resource from which the described resource is derived Welland Public Library Local History Collection Publisher An entity responsible for making the resource available Specialty Book Concern Date A point or period of time associated with an event in the lifecycle of the resource c. 1926 Rights Information about rights held in and over the resource Public domain Format The file format, physical medium, or dimensions of the resource Booklet Language A language of the resource English Type The nature or genre of the resource Text Identifier An unambiguous reference to the resource within a given context RARE LHC 971.038 Cru Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Pelham Ernest Alexander Cruikshank Short Hills Provincial Park https://d1y502jg6fpugt.cloudfront.net/59848/archive/files/43b87195cf20e97183c4fbafb3877507.pdf?Expires=1787184000&Signature=lswRyu8QsTBwKrW4nUyd1DjQOY3CJxIitGR6Yjk1isAMvFyPd-xbnKvKMh-A-iB6kNzv6R832nV7DB0rP%7EsQyUDCEFCBbCa2K%7EtCaqBWHNNBq6QvxF%7E2fhmjyGwgVi8%7Eemn-dz4eNcX87jCKWECVMhtrSBJifK83yyXCKBYYYLjtuf%7EAptdQ1KFy0DeMMd44OLiZOR8GB7ZDO2LUFJJaAeNgisMnmxV9W%7EXdk23kvlzHGNGEWLucyDy7VVrKaRZFLuiF9Iz-HCcRlevKpy7IwrfqRgWB2V1u4NMY4I4x7W9WBgQs7Am-9Yp2Nfx7gclKV4lZknou36DvJ-RPVn0kWg__&Key-Pair-Id=K6UGZS9ZTDSZM f0d24d6afab110af64324f2b6855b887 PDF Text Text SHORTHILLS THE VILLAGE OF THE BY VANISHED DUFF LOUIS BLAKE from Hometown Reprinted The Review Historical Canadian LHC Duf 971.3 8 LOCAL HISTORY MARCH , 1936 �STACKS 971.838 Duf BP WELLAND PL 971.338 Duf LHC c.2 Duff, Louis Blake LHC The vanished village of the Sharth C2 3 2759 00131959 2 ExLibris Louis Blake Duft �THE VANISHED VILLAGE OF THE SHORTHILLS' IN the very heart of the Niagara peninsula, midway between St. CatharinesandWelland,and runningwestfrom theircontecting highway, the Merrittsville road, is a range of great hills, known for a century and a quarter as the Shorthills. They are marked in one of the earliest peninsula maps, showing a roadway leading from the Welland river in the south to the hills in the north, and that helped to give the name currency. Hills, glorious, high, and precipitate, are separated by valleys down which course many trout streams, clear as crystal, cold as ice, all finding a common bed at last, and a common destiny in Lake Ontario. Views from the hilltops carry the eye far, not only to Lake Ontario but across it, to Queenston on the east, and to the sand hills of Lake Erie on the south. Within the range are countless pictures of unusual beauty. Indeed the fair fame of the Shorthills has spread far and each summer season visitors to the peninsula, and they are many, include the Shorthills in their itin- erary. In the summer of last year, for instance, those visitors represented all parts of Ontario, most of the Canadian provinces, and two dozen states of the Union. The first to spy out the land in the Shorthills area was Benjamin Canby, a Pennsylvania Quaker, who came to Canada with his friends from Bucks county, the Lundys, the Schooleys, the Willets, and the Shannons. What is known as Canboro township (named for him) was an early land acquisition of his. He had another monument in the peninsula's nomenclature-the Canboro road, forty miles long, winding its crooked way from Canboro village in the west, to the Holland road in the east, this last, by the way, joining to the historically famous Lundy's Lane. The three The social and economic development of the dominion can never be fully under- stood without a more extensive study of local history. For this, among other reasons, the CANADIAN HISTORICAL REVIEW during recent years has given considerable emphasis to its importance. An analysis of the causes and effects of broad and significant changes may often be illuminated by the history of a local community. The vanished village of St. Johns is only one illustration of the rapidity with which Canada passed through several successive stages of development during the nineteenth century. Many other illustrations might be found, and the knowledge of the general history of the dominion would be greatly enriched by a careful study of them. It was in order to emphasize considerations such as these that Mr. Duff was asked to write this article. He has not, therefore, attempted to give in any detail the history of the village. (EDITOR) See William Clinton Armstrong, The Lundy family and their descendants of whatsoever surname; with a biographical sketch of Benjamin Lundy (New Brunswick, N.J., 1902). 23 �THE CANADIAN HISTORICAL REVIEW 24 roadways made a pioneer highway from the Grand river section to the frontier.³ Being interested only in the available water powers, Canby acquired the eastern end of the Shorthills from the crown but a few years later disposed of his holding to the Hon. Robert Hamilton, whose executors sold it to John Street, of the well-known Street family of millers. Samuel Street had established mills years before at Bridgewater, where the Dufferin islands now are in Queen Victoria park, Niagara Falls. Timothy Street, with his mills, had founded Streetsville. John Street in 1817 put his stream in the Shorthills to work and founded the most important industrial centre the peninsula was to know in its pioneer era. He had a town plotted by Zenas Fell, himself from Bucks county, and named it St. Johns, doubtless out of compliment to himself. laid out and town lots were surveyed. Roads were The plan included sites for two churches, a school, a cemetery, and a town common. St. Johns speedily became the most important industrial centre in the Niagara peninsula. The stream made it. There were other streams, of course, but for the most part dependable only in the spring and fall. This creek was not large but it had an unfailing constancy that summers, even dry summers, did not affect. More- over, it sped fast down the valley with ripples and runs and here and there a waterfall where it had at last found a sure footing on the rocks. A dam, as Canby had foreseen, and Hamilton had verified, could be made easily and cheaply at almost any point. Dams were built a-plenty. The little river dashed over one wheel (they were all over-shot in those days), sent it whirling, and then hurried on to the next. Soon the valley was dotted with wheels and by the middle twenties St. Johns had outstripped its rivals. St. Catharines was merely Shipman's Corners; Niagara Falls was a one-mill hamlet; Thorold, Merritton, Welland, and Port Colborne were unborn. To-day not a stick nor a brick nor even a bit of stone wall of old St. Johns remains. Longfellow's Atri climbed halfway up the A century ago this was part of the main road from Niagara to Detroit. When Michigan was being settled, thousands of migrating pioneers from the eastern states passed through Canada by this road. The Street family in America was founded by the Rev. Nicholas Street who came to Taunton, Mass., from Bridgewater, Somerset, in the thirties of the seventeenth century. Samuel Street appears at Fort Niagara as a fur-trader about 1780. He engaged in various commercial enterprises, was a colonel in the Canadian militia, a justice of the peace, was member of the legislature for the 3rd district of Lincoln, and was speaker of the legislative assembly. John Street (son of Timothy of Norwalk, Conn.) came to Canada with his brothers about the year 1800. (See Mrs. Mary A. Street, The Street genealogy, Exeter, N.H., 1896.) �THE CANADIAN HISTORICAL REVIEW 26 There were five grist-mills. These were known Burgar's, Street's, Davis' and Beckett's. as Darling's, Richard Killens and John Street each built a distillery, while Russell Rich had in oper- ation a saw-mill, a blacksmith shop, a stove foundry, and a machineshop where ploughs and mill machinery were manufactured. John Darling, whose grist-mill was in existence in 1801, built a saw-mill farther down the stream. The Overholts also had a saw-mill, and Samuel Darling built a foundry which was managed by Paul Hewitt. Howd's axe factory was in operation. Brooks & Haney's woollen and carding mills were also among the most important manufactories. Robert Abell's hat factory was another early industry. John C. Davis' tannery was in existence early in the century. There was ready sale for all the wares made at St. Johns, and some of the manufacturers became wealthy, among them being Thomas Fletcher, who made a fortune out of fanning-mills. J. F. Gross in "The early history of St. Johns" gives the years 1835-40 as the high marks in the fortunes of the village. By the fifties the decline was well under way. Professor George Buckland presented to E. W. Thomson, president of the board of agriculture of Upper Canada, his report on "An agricultural tour of Welland county in 1856", which was printed in the Canadian agriculturist, Toronto, in October of that year. Pro- fessor Buckland in June inspected soils, farm animals, implements, farm methods in various parts of the county, and, as well, addressed a meeting of farmers in the new court house, Welland, though the building was not yet completed. He points to the canal and the Welland railway as the efficient means of developing the county, and notes with regret, the temporary stoppage of work on the Buffalo-Brantford railway. He records that new indus- tries have sprung up in Thorold and Stonebridge (now Humberstone), and in his record of manufactures for the farm cites only one St. Johns firm. Lovell's directory of 1857-8 put down beside MacKay's of 1851" shows, in a marked degree, the curve of the canal towns. Welland had grown from 250 to 800 people, Thorold from 1,000 to 2,500, and St. Catharines had risen to 4,000 souls. from 250 to 150. follows: St. Johns had dropped Lovell gives the St. Johns industries of 1858 as Robert Abell, hatter; William Carl, carriagemaker; Haney and Brooks, flour millers; Erastus Root, woollen manufac- turer; Root and Wilkinson, iron founders; Lemuel Vaughan, tanner; Theodore Woodard, mill owner. J. F. Gross, "The early history of St. Johns" (Papers and records of the Welland County Historical Society, II, 1925). "Robert W. S. MacKay, The Canada directory (Montreal, John Lovell, 1851); The Canada directory for 1857-58 (Montreal, John Lovell, 1857). ��THE VANISHED VIllage of THE SHORTHILLS 25 hill and then sat down, to climb no farther upward. St. Johns climbed to the top of the Shorthills, planting its main street on a ridge and its mills in the long valley, but it did not sit down, it slid down, out of sight and almost out of the ken of men. The mills had brought skilled workers in many trades, in the mills had been trained many other skilled workers. But there came a time when the wheels stood still, one by one the tools were laid down never to be taken up again, and spiders began the spinning of webs. The stage coach from Ancaster called no more at Oberholtzer's Inn. The railways saw to that. Wrack and ruin followed idleness into St. Johns and Time gathered the village in her harvest. St. Johns prospered greatly but her hopes turned to ashes. Such, too, was the fate of many pioneer places of promise. The social historian may calculate what Canada has gained and lost in her expanding era of the last three-quarters of a century, that drew the life-blood from the busy villages and infused it into centres yearly growing greater. Industry hurried to the cities and piped the untrained youth, the worker, and the artisan in the march. What killed St. Johns? The first thrust came from the Hon. William Hamilton Merritt when on St. Andrew's Day, 1824, he had the sod turned for a canal that was to join Lake Ontario to the Welland river and, later, to Lake Erie. Out of the enterprise emerged new and upstart places like Port Dalhousie, St. Catharines, Merritton, Thorold, Welland, and Port Colborne, came, too, new waterpowers developed by the canal, for waterpower was the inspiration of Merritt's scheme. St. Johns never added a new shuttle after the first water coursed through the canal. in the parlance of the ring, was only a softener. The canal, The knockout came with the railway era. Merritt built the Welland railway as a sort of appendage to the canal. The railway was to feed the canal and the canal was to feed the railway. New populations flocked to both of them, new industries were born. The canal had ignored St. Johns, so did the railways. The Shorthills were made by God to be railway proof. If any train ever could get in cer- tainly it never could get out. The new towns with their new indus- tries grew and flourished, the old town, sans canal, sans railways, withered and decayed. Long the skeleton covered the hills and vales, but for these many years not even a skeleton has marred the scene. Of the beginnings of the St. Johns era the Jubilee history of Thorold says: Jubilee history of Thorold township and town (Thorold, 1898). �THE CANADIAN HISTORICAL REVIEW 28 to Canada. Next to Morreau and Wait, Chandler was the most important figure in the insurrection in the Shorthills, the most picturesque and interesting item in the story of St. Johns. "St. Johns", wrote Mr. Gross in 1926, "may be justly called a deserted village. ago. The last flour mill passed out of use thirty years The last carding mill, known as the Pitts mill, was recently torn down. It had not been running for many years. churches were long ago removed. Both The cemetery is uncared for." The Zenas Fell home, one of the earliest to be built, the one to remain longest, and by all odds one of the most handsome, went to the wreckers. Other buildings, for the most part, Time claimed for her own. The landscape has no trace to-day of a once busy community, except that here and there is a pit where stood a house, a store, or a factory; here and there an earthwork that had been thrown up to hold and control the waters that turned the wheels of pioneer industry; here and there the hollows of a roadway, now grass- grown, once worn bare by the waggons and carts of an era that is never to come back again. LOUIS BLAKE DUFF 'I can find no record of the history of Samuel Chandler or that of his family after his arrival at Niagara Falls, N.Y., in July of 1842. He and Wait had made their escape from Van Dieman's land. In J. P. Merritt's Biography of Hon. William Hamilton Merritt, M.P. (St. Catharines, 1875) is quoted a letter from Eliza, wife of Samuel Chandler, to the Hon. Mr. Merritt, asking for aid. is dated April 30, 1841. Northwestern lumberman. The letter, from St. Johns, N.S., Benjamin Wait went to Grand Rapids where he founded the He died on November 9, 1895, at the age of 82 years. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "The Vanished Village of the Shorthills" by Louis Blake Duff, c. 1936 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource General History Books Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "The Vanished Village of the Shorthills" by Louis Blake Duff, c. 1936 Subject The topic of the resource Shorthills Description An account of the resource Scanned copy of the booklet "The Vanished Village of the Shorthills" by Louis Blake Duff, c. 1936. Creator An entity primarily responsible for making the resource Louis Blake Duff Source A related resource from which the described resource is derived Welland Public Library Local History Collection Publisher An entity responsible for making the resource available The Canadian Historical Review Date A point or period of time associated with an event in the lifecycle of the resource March 1936 Rights Information about rights held in and over the resource Public domain Format The file format, physical medium, or dimensions of the resource Booklet Language A language of the resource English Type The nature or genre of the resource Text Identifier An unambiguous reference to the resource within a given context LHC 971.338 Duf Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Shorthills Historic texts Louis Blake Duff Short Hills Provincial Park https://d1y502jg6fpugt.cloudfront.net/59848/archive/files/4eae281c54346082081e8be4890d9fd1.jpg?Expires=1787184000&Signature=DxhVOajLwyuWG0mrJ1THURxTbQSGCWrEfK0RYGKEOVtQ8hPfw3VeVjBr-%7E9jNsn0hiPLbue9XhTOJ7hjTJ-t3QGPSA22bSJj-qeggvNnHe-zu4JltImlsjfsD07jxrUdOUsg%7E5uge9qBQv8U8HBLPBvGi3thgZe6IfOruyWvrwpPjrsTFjiZC9ho5ucilj93zV2nBMsHnp7Rj9d8De2-DMXOKr%7EjpohfLVdlrr1eomgUPCQWMeXFVIsOjpGtChRC4pqJBUuNTBes3yfnG6ask8Bzje172nLDb0Q5SnXNMuzosRnz80EgQXtBGOn4revtqquRqWSImW%7EIDaVhqGj6sg__&Key-Pair-Id=K6UGZS9ZTDSZM 2e919c6f347f6c113976673808af9092 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Thorold Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Aerial view of Short Hills Provincial Park, looking west, fall 2007 Subject The topic of the resource Short Hills Provincial Park Description An account of the resource Newspaper image of an aerial view of Short Hills Provincial Park, looking west, fall 2007. From page B8 of "Above & Beyond: A Bird's Eye View of Welland and Area," a special insert of the Welland Tribune newspaper published November 27, 2007. Creator An entity primarily responsible for making the resource Welland Tribune Source A related resource from which the described resource is derived Welland Public Library Newspaper Collection Date A point or period of time associated with an event in the lifecycle of the resource 2007/11/27 Rights Information about rights held in and over the resource Access to this item is provided for educational and research purposes only. The user assumes responsibility for obtaining permission from the copyright holder to publish or distribute this content. Format The file format, physical medium, or dimensions of the resource Newspaper image Type The nature or genre of the resource Still image Identifier An unambiguous reference to the resource within a given context Storage - Newspaper Box 10 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Thorold Above & Beyond Aerial views Howells Farm Parks Saint Johns Short Hills Provincial Park Thorold Welland Tribune