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Canadian night ami Canadian Indr pendrncc.
NO. ll.J IVOL. 1, SW ANTON, VT. JUNK 10, 1839. EDJTED BY CANADIANS & AMERICANS rUDLISHKI) IìV li. J. THOMAS. - tu i: NORTll A.MIIIU nx S Pl-BI.IPHED EVERY WEDNESDAY,' Pricc Wpcran. in advnncr, or $2 IH) ut the end of the ycar. P1T DOWN TIIK TVKAXTS! tj(.t p.w M !o die in R'ct cue ; ThVi-k ma "U ih1' ff,'e -their limbi t sirunf t riiyfile .r,d c r !'.. bui .till llnr tpinl urlìi. ah'old ; Thoufh -t.r. e!r. ber hre a dit a li Lui uym.nl the foV "' '''"It ihoufht tV'urb wrpiwr H "Hors, nu khiui v-.i....v.. The orid l Ut l'i l.eedoni. IÌYKOK. Viùc of Canada! Rememher that the ,.f martvrs in the cuse of Freeoom ralU ninni for vengeance at your landa. ORIGINAI. BIOGRAPHY. Fracoih Xavier Hamelin was a vcrv reepcctoble young man, ofthe Parish of St. Philippe, in the County of Laprairie, and Districi of Montreal. He was born in the year Ili counexions ahvays maintained a good reputation as lionesl farmers, and were Itighly esteemed. The i.ite whose biography we are wriling- ibis !av, was always tJistinguiblied lor bis en tlnisiaslic love of freedom, and for bis de- rrminod halred ol the despoticBritish gov ernment. Althouglt a very young man, he n!wavs chcerfully gave bis assistance lo e very measure iti favjr of reform, and when the cup of lìritish iniquiiy was filled lo overfluwing, he never hcsitated a single moment in forming a decisive opinion; but look up arnis ngainst the parent state, which had nov become his country's foe. On the third day of November last, he, wlih n great number of his brave and de voted counlrmen, resolved lo try lo up" srl the present forni of government. Notb ing but bis love of freedom and national h 'iior coulJ bave prompted him to take up urms against sucb a mighty power as that of Great Biitain. He di J noi stop to con. sider the consequences of the daring act he was underlaking; his country bad been oppressed, it was trodden under foot by an insolent and niurderous crew, sent from England purposely to enslave.his country men: that was enough fot bis noble heart. He loved his country, and he thought his hfe wel! old if it could be sacrificed to the redemplion of poor, unfortunate and op pressed Canada. As eoon as the rising had taken place he was named a Lieutenant in Major Robert's company. The party went on to disarm the lovalists, and they were engaged in the Walker aflair. We could not now av how Mr. Ilamelin fell into the bands of the lìritish, bui at any rate, he was one ol the first prisoners from St. Philippe that were sent to Montreal. He was forcibly taken m the Srd day of January, 1939, before the " barbarous Inquisition of Can ada" the Court Martia!, which after a tri al of a lew days, without any jury whatever, sentenced him to die on a scaf foìd both as a traitor lo bis Sivereign, and as the murderer of Walker. On the 12th day of the same month,he was offìcial a!ly notified that he was one ofthe chosen victims of ihe sanguinary Colborne, and that six days alterwards he was to be strangled with a rope on an infamous gib bet. Ile had fortified bis mind against ali the insulls and the cruel treatment which he knew these bloodhounds were accus- tomed lo infiict on the unfortunate men nrho fe!l into their bands, so t his terrible news did not frighten bim. Allhough ac cording lo theduecourse of nature, he bad a right to expect to live many years, yet he was wìlling to o(Ter hisdevoted head on the aitar of liberty for the 6acred cause of his offa dear native land. The day of inhuman vengeance arrìveJ, & our youngeountryman prepared himself for the awfu! end that awaited him, with that eomposure of oiiod wbich peaks inno cente aod vrrtue. With bis four patriotic and devoted conipanions of misfortune, be inarched firmiy to the awfu! spot where be was to make ihe Woody saeriSce. Al ter our murh rejretted friend Mr. De aigoe bai maJe bis dyinj 6jeeeh te) the- jpectators, the suflerers were placed each in their repeclive place, ibe Provosi Mar hhal gave the fatai signal and the young, the noble, md generous Hamelin was counted aoiong those who bad nobly suf lered for frefdom's eake. Tbus perished agallant youdi, who for bis love of country deserved a Itetter fate. We bave now given ihe biography of the four unfortunate, generous and brave patriota who were concerned in ihe all'air of Walker. In Mr. Ambroise Sanguinerà biography, ve bave shown the wickedness and impropnety of the unjust sentence of ofthe bloody Courl Marlial in condemning these men as mwdercrs; sucb an iniqui oiis sentence was pronounced with the view of hlasting the memory of honest &. uprigbtmen, wliowould have sbuddered at the idea of epililng human blood, except in self-defence. Irisbmcn, who rcad this bio graphy, did not the Britibh, after the un successful rebellion of '9S, condemn many ofyour noble countrymen as " murdaers of unAnoien per sons" and did not the " in l'amous Tbomaa Reynolds swears that be had seen many ofyour brave compatriota mur dering unknovrn per sons. When thev could not invent names, they then used the common words ol" unknown per sons." In spite of ali the stigma and sitarne the Britisb tried to attacb to their noble Irisb victims, yet you have honored the nicmory of those devoted men, who for the cause ofpoor oppressed Krin, had taken up arnis to repel a foreign oppressive foe. The case of Canada and that of Ire. and are precisely the same. The memory of the ao called " murderers of Walker shall be respected bv the Canadian peo- le and by ali the admirers of true liberty In vain did the renegade La Bouchere the under Secretary ofthe Colonia! Depart ment, say in the Imperiai Parliament, that out of seven that had then been hanged in Montreal, there were "four notorious mur derers." Sudi an imputation is false and calumnious. He is less culpable bowever than the bloody wholesale murderer Sir John Colborne, and the bypocriiical and treacherous Lord John Russell, who by his tvrannical and unitisi resolutions ol March 1937, is the chiel cause ofthe trou bles. The " great Irish agilator" in ans wer to Mr. LaBoucbere, said " onli sevEir r" Good God ! one drop of hu MiN BLOOD SPILT Off THE SCAFFOLD FOR POLITICAI, OFFENCE. IS ALVfAYS T00 mcch." But we believe in relributivejus lice, and the time will yet come when the bloody Victor of St. Eustache, will have to return to England, (if perchance he should live to do it,) in the same disgrace fui manner that General Bourgoyne and Lord Cornwallis had to leave the thirteen oppressed English Colonies after the cele brated battles of Saratoga and Yorktown HISTORY OF CANADA. CAPÌTULATION OF MONTREAL. (cOKTIfil'ED.) 22. If there are any mihtary oflìcers whose afTairs require their presence in the colony till next year, they may remain in it after they shall have bad a permit to that effecl from the Marquis De Vaudreui Si they shall not be reported as prisoners of war. Jnsirer, " AH those whose pri vate afiairs may require their presence in the country and shall have a per mit to that effecl from the Marquis De Vaudeuil, shall be allowed to remain there in until their afTairs sball be lerminated.'' 23. The Commissioners of provision of the King shall be allowed to remain in Canada till next year, in order to settle the debts that he may have contracted in the j Colony for his provisions; if nevertheless he prefers sailing toFrar.ce this year, he shall be allowed to leave till next year, a person to settle his business, ibis last per son sba'l keep and may take with him ali his papers wbich shall noi be visited; his Clerk shr.ll be at liberty either to remain ia the colony or to pass to France; and in this last case, the passage and provisions hall he een to them'on His Britannic Maj'-sty'a exH-ne, for themelves, their families and baffjrage. " Granted." ì 24. The victuals and ottter provisions hich mighl be found in the 6tores of the Comniissioner in lite Citiea of Montreal and Three Rivers, as well as in the coun try places, sball not be taken away from tini; thesaid provisions belonging to bim nd not to the King, and bestiali beallow- ed to sell them to ihe i rendi or lo the '.nglish. Jnswcr, " Ali that shall be found in the storca destined for the use of le troops must be delivered to the Eng- ish Commissioner for the King' Troops." 25. Passage to France in Ili Britannic Majesty's vessels, also lite neceisary pro visions for the voyage shall he fiirnmhed to loseoflìcers ofthe West India Company nd their families who may wisb to go; tey shall also be allowed to take with lem their servants and baggage. The irincipal Agent shall be allowed to leave jn Canada such persona as he tbinks pro- er, till next year, to settle the affai rs of the Company, and to recover the sums of money which are due to him. The prin- cipal Agent shall also be allowed to kee ali the papers of the Company, wbich sbnll not be visited. Granted." V 26. This Company shall remain in posses- sion of the Beavers furs that it mav lave in the city of Montreal; it shall not be disturbed under any pretence what ever, and ali nccessary faciblies shaJI be af- forded to the principal Agent, to bave his Jeaver furs shipped tliis year to Frandb in the vessels of His Britannic Majesty,on )aying the usuai freightage. Jlnmer, Granted for ali that may belong to the Company or to private individuala; butif His Most Christian Majesty bas any pari of it, it must so to the King's nrofit." 27. The free exercise of the Calholic postolic and Roman religion sitali be maintained entire: so that ali classes of the people in the cities and in the cntintry laces, localities and distant posts, may continue to meet in the churches and io receive the sacramente as before, without being molested in any way whatever, directly or indirectly. These people shall be obliged by the English Government to pay to the Priests who 6ball take care of them, the tilhes and ali dues they were arcustomed to pay under His Most Chris tian Majesty's government. Inswer, "Granted as to the free exercise of their religion; the obligation of paying tithes to the priests shall depend on the will of the King." 29. The Chapter, the Priests, Curat.es and Missionarie ehall continue with en tire liberty, in the exercise of their pritist ly functions in the parisbes of the cities and country places. " Granted." 29. The Grand-Vicars named by the Chapter to administer the Diocese during the v acancy of the Episcopal seat, may re raain in the cities or in the parishes of the country as they shall think proper ; they may at ali times visit the parisbes of the diocese, perform the ordinary ceremoniee, and exercise ali the jurisdiction they bad under the Frencb dominion; they ehall en- joy the same rights under the future Bish- op, of which ntention shall be made in the next article. Jlnswer," Granted, except as to what regards the next article." SO. Ifby the treaty of Peace, Canada should remain in the power of His Britan nic Majesty, His Most Christian Majesty shall continue to name the Bisltop of the colony, who shall always be of the Roman Church and under whose autbority, the people shall observe the Roman Religion. " Refused." SI. His Lordship the Bishop, may, if ne cessary, erect new Parishes and refìt Ms Cathedral and bis Episcopal palace; and he shall during that time have the liberty to remain in the cities or in the parishes as he shall think proper; he 6haU be at liberty to visit his Diocese with the usuai cermon ies, and exercise ali ihe jurisdiction that his predecessor did under the French do minion, except that they may exact of him the oath of a'.lrgiance or the pro mise noi to do, or to say any thing against His Britannic Majesty's scrvice. This article is referred to in the preceding one." 32. The Nunneries of girls shall be maintained in their constitutions snd pri- vileges; thesy shall continue to observe their ruies; they shall be exatnpted from lodcing lite troops and it sball he forbidden lo disturb them in the pious exercit.e they prsctice, or to go into iheir houscs ; safe guardsshall be given to them if lltey ask for them. " Granted" SS. The preceding article sha'l alio be executed towards the Societies of Jesuiis and Recolleta and the House ofthe Priests of St. Sulpice ir. Montreal; ibis last named and also the Jesuits sball hold their righi to appoint certain curates and missionaries as herelofore. Jlnsxcer, " Refused till the King's u4efcsure be known." 34. Al! religious societies and ali the priests sball keep their household furniture, the propertv and income ofthe seigtiiories and other immoveables that they may pos sess in the country, of whatever nature they may he, & the said property shall noi be deprived of ils previleges, rights, bonors and exemptions. " Granted." S5. If the prebendaries, priests, mission aries, the priests of lite foreign missions and of St. Sulpice, also ihe Jesuiis and the Recollets, desire to go to France, the passage shall be given to them in His Britannic Majesty's vessels, and ali & every one of them shal! be at liberty to sell the wholeora part of the moveable and im moveable property they possess in the Colony either io Frencb or English peo pie, without being prevented by the Eng lish Government in any way whatever. They may take with them or send to France the produce of whatever nature it may he, ofsaid property sold, on paying the freigbt as mentioned in the 26th arti eie, anù those arnong lite priests who shall vvish to leave this year, shall be fed du ring the passage at His Britannic Majesty's e-xpensc and may take with them their baggage. Jlnswer,--" They shall be at liberty to dispose of their property and to take to France the produce of it togetber with their own persona and ali that may appertain to them." 3G. Ifby the treaty of Peace, Canada remains in the possession of His Britannic Majesty, ali the French or Acadian Mer chants and other persons who shall wish to pass to France, sitali be allowed to do so by the English General, who shall see them provided with their passage ; ant nevertheless, if from this day to the time it shalì be decided, there sbculd be any French or Acadian traders or other per sons who should desire to pass to France the Entrlisb General shall also allow them the same privilege; they ali and every one of them may take with them their families, servants and baggage. " Granted" 37. The Seigniors of land, the milita re oflìcers, the oflìcers of Justice, the Can adians of the cities and of the country places, the French settled as traders in the whole exterit of the Colony of Canada, and ali other persons whomsoever, shall keep peaccful possession of their seignio ries or soccage lands, and also their rnove ables and immoveables, merchandize, furs and other goods, also ol their ships of sea; these properties shall not be molested under any pretence whatsoever. The p; prietors shall be at liberty to keep, sell, or rent ihem either to French or English people, to take the produce of them in let tera ofexchange, furs, cash or sich other equivalent as ihey sitali think proper, and to pass to France, on paying the freigbt, as specified in the 26th article ; they shall also keep the furs that are yet within the commercicial porta, wilh .he Indians, which belong to them or which may now be on their way to Montreal: and to that eflcct they Bhall be allowed to send this or nes:t year, armed canoea for such fure as ma y have been left in the porta. Answer, " G ranted, as by the 26th article. $3. Ali those who bave left Acadia'and who are in Canada, and on the fronlier ol Canada towarda Acadia, shall be treated thesameaa the Canadiana and shall en joy the eame privileges. Jlnsvar, " It belon.gs lo the King to dispose of bis old subjet-ts, in the meantime they shall enjoy thesajne privileges as the Canadians." 39. Jso Canadian, Acadian nor French man. of those who are now in Canada and oa the fronlier ofthe Colony towards Acadia, Detroit, Michilimakinac and other plares and pori of the Upper Country, nor the soldi r, married or sing-le, who shall remain in Canada, shaìl be trans ported nor transmigrated to the Enelih Colonies or lo England, they sitali noi bo ntolet ted for baving taken tip arma. '2m- .tr)" Granted except es to the Acadi uns." 40. The Indians who are the allics of hi most Christian Majesty shall be maintain ed in ibe possession of the lands wbich they now inbabil, if they wibh to remain on them; they shall be troubled under no uetence whatever, for bavinar taken up arnis for His Most Christian Majesty; they ehall bove as well ns the French, liberty of religion, and sball be allowed their Mia- ' . I ti 1 II 1 A . I. . . Hionanes; il anali te auoweu io ine prrscu Vicars General and to the Bishop when the Episcopal chair sitati he filled, to send lo them new Missionaries, when they shal think it necessary. Jnswer, "Granted, except the lasi aiticle wbich bas already teen referred to." 41. The French, Canadians and Aca- dians who shall remain in the Colony, of whatever state or condition they may be, will not and shall not Ite forced to take up arma against His Most Christian Majesty or his allies, directly or indirectly on any occasion whatever; the English Govern ment shall exact from them strict neutrali ty only. Jlnswer," They become the King's subjects." 42. The French and Canadians sball continue to be governed accordine to the ' Coutume de Paris" and the laws and usages established in this country; and they shall not be subjected to other taxes than tifose which were established under French dominion. " Answered by the preceding articles, and particulaily by lite last." 48. The Government papers sball ex clttsively remain the property of the Mar quis De Vandreuil, and ehall be taken to France with him; these papera shall not be visited under any pretence whatever. " Jlnswer,-" Granted, with the condition already made." 44. Ali the papers ofthe Inlendant, of the oflìce of comptroller of the Navy, of the old and new treasurers, of the King's storea, of the office of the Domain a.nd Forges of St. Maurice, sitali rpmain in the possession of Monsieur Big-ot the Inlendant, and they shaìl be taken to France in the same ves- sel in which he shall sai) ; these papers shall not be visited. irwwfr, " Tha same with this article." 45. The Registers and other papers of the Superior-Council of Quebec, of the Provostship and Admiralily of the ssme city, those of the Royal Jurisdictions of Three Ilivers and Montreal, those of Seign. ioral Jurisdictions of the Colony, the records of the Acts of the cities and ofthe country places, and generally ali acts and papers wbich may help to axcertain ihe slate and fortune ofthe Colonista, shall re main in the Colony in the different office of the jurisdiction to which they belong. "Granted." 46. The people and traders shall enjoy ibe same commercial privileges with the same favor and condition granted to His Britannic Majesty's subjects as well in the Upper Country as in the interior ofthe Colony. " Granted." 47. Negroes and mulattoe of boih aexes shall remain as slaves in the possession of the French and Canadians to whom they belong; they shall be at liberty to keep them in their employment in the Colony or to sell them, and they may also continue to bring them up in the Roman Church. " Granted, except those who were made prisoners." 49. It ahall be allowed to the Marqtii De Vaudrenil, io the General and Superior officerà of the land troopn, lo the Coverò ors, to the Staff of the different place of the Colony, to the tnilitary oflìcer and to those of Justice, and to ali other persons who shall leave the Colony or who are al ready absent, to name aod sobslilute peo ple to act lor them in their name, in fhe management of their propertiea, moveable and immoveable, until peace be made ; ; i ir. t i r il I;1 f:' n. ! ' l i : I!