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lish had fallen, and only three of the French, when Jumonville, fearing that his ammunition would give out, proposed a parley.— Bancroft continues, "The terms of capitulation which were offered were interpreted to Washington who did not understand French, and, as interpreted, were accepted, and on the 4th of July the English garrison, retain ing all its effects, withdrew from the basin of the Ohio."
We now let Dussieux speak again; "M. Villiers conducted matters with great energy. Fort Necessity was defended by five hundred English and nine pieces of cannon, and after ten hours' combat in heavy rain, our musketry forced the English cannon to cease fire. The English had ninety either killed or mortally wounded, and a great many slightly, and they resolved to capitulate.
"We have come, said M. de Villiers to Washington, to avenge an assassination, not to imitate it."
We have before us the text of the capitulation, and, under all the circumstances, we cannot suppose, that there will be anywhere found such another document.
De Gaspé tells us that when Jumonville's affair became known, "a cry of horror and indignation resounded through all Canada, and even Europe," and Contrecœur at once despatched de Villiers to avenge his brother's assassination. How was it done? De Villiers had a superior force; his enemies, including the chief culprit, were overcome and completely in his power, if we are to credit one of the accounts. Did he avail himself of his position and hang Washington as he ought, if he believed him to be the cold-blooded villain which it is asserted
he was? No! says the magnanimous brother, "I have come to avenge an assassination, not to imitate it."
Here is how he avenged it, according to the text of the capitulation, which is signed as follows: James McKay, George Washington, Coulon Villiers.
peace and good understanding at present existing between two friendly princes, but only to avenge an assassination of an officer, the bearer of a message and his escort, and also to prevent any establishment on the territories of my master the King.
"From these considerations I am willing to accord grace to the English in the Fort on the following conditions:
"Art. 1st.-The English Commander will be permitted to withdraw, with the whole garrison, and to return in peace to his own country, and we undertake to prevent any insult from the French, and, so far as we can, from the Indians who are with us.
"Art. 2nd. We permit them to depart, carrying with them everything that belongs to them, with the exception of Artillery which we reserve.
"Art. 3rd. We accord them the honours of war; they shall march out with colours flying and one small piece of artillery, as we wish to prove that we desire to treat them as friends.
"Art. 4th. When both parties shall have signed the capitulation, the English flag shall be lowered.
"Art. 5th.-To-morrow at sunrise a French detachment shall take possession of the Fort."
The sixth Article recites, that, as the English had but few horses and oxen, they were free to put their effects en cache, leaving as guards any number that they chose, till such time as they could collect sufficient animals for transport, giving their parole not to erect any work, during one year counting from that date.
"Art. 7th.-As the English have in their power, an officer, two cadets, and other prisoners made at the time of the assassination of Jumonville, they promise to return these with a safeguard to Fort Duquesne on the Ohio, and, in surety for the performance of this Article, as well as of the treaty generally, MM. Jacob Van Braam and
"As it is our intention not to disturb the Robert Stobo, both captains, will remain as
hostages, till the return of the aforementioned French and Canadians. We oblige ourselves on the other part, to send back, in safety, the two officers left with us, in two months and a half, etc., etc." This was signed in duplicate.
It has been remarked that Captain McKay's signature preceded that of Washington, by which it would appear that he had asserted his right of precedence, as a Royal officer.
M. de Gaspé says that Washington should never have signed such a capitulation. His friends assert that he never did. Or, if he did, that a fraud had been practised on him, as he did not know a word of French till
many years after. But the capitulation is inconsistent with itself. It permitted a man charged with an atrocious, cold-blooded murder, to march out with all the honours of war, "as they wished to prove their desire to treat them as friends." This capitulation, too, is granted by the brother of the murdered man, who was specially sent in command, that he might avenge his brother's blood which was crying from the ground.— The history of the world does not afford such another instance of Christian conduct. Is any reliance to be placed on the testimony of Indians, who had most probably been active participators in the slaughter ? We have read many instances of the whites being unable to restrain their Indian allies, but this is the first case in which we are told that, unless the Indians had rushed forward to prevent it, the whole of Jumonville's party would have been cut to pieces. Dussieux is evidently incorrect as to the numbers under McKay and Washington. He says there were 500; another French Canadian historian, Garneau, says 400. We have no means at present of ascertaining the exact amount. All we know is that Washington had under him one hundred and fifty men. The number of Captain McKay's Independent Company is not stated; Lord Mahon says the whole force was 450.
curious to note how completely Garneau differs from Bancroft, Dussieux and others in his narration. He says, "Contrecœur, on learning the tragic end of Jumonville, resolved to avenge his death at once. put six hundred Canadians and one hundred savages, under the orders of the victim's brother, M. de Villiers, who started directly. Villiers found on his arrival at the scene of the late skirmish, the corpses of several Frenchmen; and near by, in a plain, the British drawn up in battle order, and ready to receive the shock. At Villiers' first movement to attack them, they fell back on some intrenchments which they had formed and armed with nine pieces of artillery. Villiers had to combat forces under shelter while his own were uncovered. The issue of the battle was doubtful for some time; but the Canadians fought with so much ardour, that they silenced the British cannon with their musketry, and, after a struggle of ten hours' duration, obliged the enemy to capitulate so as to be spared an assault. The discomfited British engaged to return the way they came; but they did not return in like order, for their retrograde march was so precipitate, that they abandoned all, even their flag." Whom are we to credit ?*
In closing this paper we wish to say, that as neither of the parties had power to declare war or peace, the articles of capitulation, even had they contained nothing which could be objected to, were of no effect, and according to the interpretation of public law were in no respect binding. On the contrary, in such cases, the government of the country of either party objecting, required and commanded its subjects to pay no respect to it, but to act as if they had never been parties to it. We mention this here as it may have something to do in forming our estimate of the conduct of Robert Stobo, whose case we next propose to bring under review.
sand dollars advanced by the 1859 to redeem bonds of *ntreal, but, in reality, given Tk Railway Company Commission (a Committee ronted by Parliament lars of this trans ourt of the manne
...d been transferred urther no opportunity
bringing the while sentatives of the the Province was
LI It recover the the respons Sammed the
steps should be taken in order to recover the money. He laid particular stress on the fact that the money had been given away without the authority of Parliament, and finished by moving an amendment to the effect that the Speaker should not leave the chair.
This amendment was seconded by Hon. Wm. McDougall. The seconder sat, of course, on the Opposition benches. He was regarded by the House as a good debater, and as an aspirant for political fame, there were few of his compeers who seemed destined for much higher success. The Reform party regarded him as a man who, in the future, might win his way to one of the grades of leadership. And the Government side feared his facility of declamation and rapidity of attack—even though one of the members of the Administration, Hon. T. D. McGee, not very long before, had styled him, in the course of a caustic speech, “one of the most overrated men in the house." On this occasion, Hon. Mr. McDougall did not make a speech; but merely contented himself with seconding the motion.
the bonds which the Government were bound to retain, until its advance was repaid, were handed over by the ReceiverGeneral to the Treasurer of the City of Montreal. In December, 1859, the Hon. Mr. Galt, being in England, wrote to one of the officers of his department, stating that the financial agents of the Province had acceded to his desire to charge the Province with the sum of $100,000. After this time, the sum was not mentioned in the communications of the financial agents. Further, no action was taken by Hon. Mr. Galt, up to the time when the Ministry with which he was connected, resigned their seats, May, 1862, to put this matter right. But in the December of 1862, Mr. Galt's successor, Hon. Mr. Howland, the present Lieut.-Governor of Ontario, finding that the accounts of the Provincial agents did not agree with those in the Receiver-General's office, called the attention of the financial agents to the fact. They answered, stating that they knew nothing of the transaction. In his evidence before the Financial Commission, Hon. Mr. Galt stated that he had made the arrangement, previously referred to, when in England, and that Mr. Baring-one of the financial agents—and Mr. Blackwell, Managing Director of the Grand Trunk, were present. The Hon. Mr. Holton, who was Finance Minister, at the time the Financial Commission was in session, transmitted to Baring and Glyn, a copy of the evidence given by the Hon. Mr. Galt. They replied that no member of their firm had any recollection of authorizing the payment in question. They further added that as Hon. Mr. Galt was very methodical in conducting all business matters with them, they had no doubt that had there been any such agreement as was alleged, it would have been reduced to writing. Mr. Dorion observed, in conclusion, that the question now was whether the Province should lose the $100,000; and it had also to be decided mon whom the liability rested, and what
The Government, though taken by surprise, at once saw the full scope of the amendment; and accepted it as a resolution of want of confidence. And so the debate began, and continued all that sultry afternoon. The discussion was dry by nature. There was no opportunity for brilliant. speech-making; for Demosthenes himself. could not wax eloquent over the multiplication table. Very few of the best speeches are ever heard in Parliament during the prosy interval that comes between three and six o'clock. Sunshine and eloquence seem, in our age, to be antagonistic to each other. One might as well try to make Hamlet and his fortunes appear to advantage on a stage without gaslight, as to evoke eloquence out of Parliamentary speakers before the evening lamps are burning. Hamlet must have the footlights blazing, and the back-ground in shadow, before he can "sport his suit of sables.”
AN HISTORICAL NIGHT IN THE OLD CANADIAN PARLIAMENT.
BY S. J. WATSON.
T three o'clock, on the afternoon of hundred thousand dollars advanced by the Wednesday, June the 15th, 1864, Mr. Province in 1859 to redeem bonds of Wallbridge, Speaker of the Legislative Assem- the City of Montreal, but, in reality, given bly of the Province of Canada, took the chair. to the Grand Trunk Railway Company. Before he declared the sitting of that day to The Financial Commission (a Committee be closed, an event took place which deli- of Investigation appointed by Parliament), vered the death-blow to the system of gov- had elicited the particulars of this transernment under which that Legislative As- action, but on account of the manner sembly was authorized to exist as represent- in which the liability had been transferred ing the people of the provinces of Upper from one account to another, no opportunity and Lower Canada. The weather that had been afforded of bringing the whole afternoon was warm even for the City of matter before the representatives of the Quebec. The rock, on which the Parliament people. He argued that the Province was House stood, was hot to the touch; the sky in serious danger of losing this sum, unless above was without a cloud to break the instant measures were taken to recover the eye-paining monotony of its burning blue; money from those or whom the responsi the streets were airless and sultry; and on bility should be placed. He informed the the great river there was scarcely a breath House that, in the year 1859, the City of of breeze to entice a ripple into play. The Montreal had issued, to the Atlantic and St. sultriness outside could be borne; inside Lawrence Railway Company, bonds to the the Parliament House, the sense of heat amount of $100,000. Owing, however, to was almost overpowering. But, in spite of an arrangement between the Atlantic and the oppressive atmosphere, the great majority St. Lawrence kailway and the Grand Trunk, of members were in their places; for the cur- the latter corporation assumed the task of rent of politics at that time was turbulent. paying the bonds. It failed in its engageThe opposing parties were almost equally ment, and the Province redeemed them out balanced; and in case of battle it was of its own exchequer. This payment had difficult to guess at the result. for its sole authority an Order in Council; the Order in Council had for its foundation a report of the then Finance Minister-the Hon. Mr. Galt. This report recommended that the bonds should be redeemed by the Province, and should be held by the Receiver-General until the advance was repaid, ani until Montreal should make good its indebtedness to the Municipal Loan Fund. In the month of September following the issue of the bonds by the City of Montreal, although the city had only fulfilled its obligation as to the Loan Fund indebtedness,
As soon as the preliminary routine business was finished, the Hon. A. T. Galt, at that time the Minister of Finance, rose to move that the Speaker should leave the chair, in order that the House might go into Committee of Supply. This proposition at once brought to his feet the Hon. A. A. Dorion, one of the leaders of the Lower Canadian Opposition. He stated that during the last night on which the Committee of Supply sat, some curious revelations were made concerning a sum of one