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North American. (Swanton, Vt.) 1839-1841, June 19, 1839, Image 1

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Canadian night ami Canadian Indr pendrncc.
NO. ll.J
IVOL. 1,
SW ANTON, VT. JUNK 10, 1839.
tu i: NORTll A.MIIIU nx
Pricc Wpcran. in advnncr,
or $2 IH) ut the end of the ycar.
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.
Viùc of Canada! Rememher that the
,.f martvrs in the cuse of Freeoom
ralU ninni for vengeance at your landa.
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
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
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."
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
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.
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
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 ;
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