pected answer from Lord Dorchester. It was of a nature to strike us with amazement—a solemn prohibition, drawn up in the usual form, against coming to Lower Canada. It was impossible to expect any thing of that kind. Mr. Hammond, the English minister to the United States, had invited us himself to visit Canada, and removed the difficulties which, from the report of other Englishmen, I apprehended on the part of the Governor-General, by assuring me that Lord Dorchester had requested him to take it for the future entirely upon himself to grant passports for Lower Canada, as he knew better than the Governor-General the travellers who came from the United States; and that the letters which he should give me would, without previously concerting with Lord Dorchester, secure me from all unpleasant incidents. I could not, therefore, entertain the least apprehension of a refusal, as I had not the smallest reason to suppose that Mr. Hammond, who had loaded me with civilities, would have deceived me on this subject.

"But his Excellency had been pleased to order his Secretary to send me an order of banishment, which he had not even taken the trouble to sign. They told me, by way of consolation, that his Excellency was rather weak of intellect, that he did not do any thing like himself, &c.; that some emigrated French priest might have played me this trick, by his influence over his Lordship's secretary or his mistress; and well may this be the case; for though, heaven be thanked! I have never injured any one, yet I find constantly people in my way, who endeavour to injure But be this as it may, a resolution must be taken, and the best of any is to laugh at the disappointment. May it be the only, or at least the most serious frustration of my hopes, which yet awaits me.

me.

On my arrival in Canada, my Grace was overwhelmed with honours, attended by officers, complimented and re

verenced wherever I made my appearance: and now— banished from the same country like a miscreant!""

Ah! MONSIEUR; had you been a British subject, and a proud one: had you given two years of your life for the good of Canada, and the relief of the English poor: had you engaged the attention of the province from end to end: had you received thanks from many thousands: had you been deserted, betrayed, and insulted by your friends: had you been basely scandalized and imprisoned, merely on the oath of a perjured villain: had you been deprived of your most sacred birth-right— your country's boast, and freedom's panoply: had you been at last mocked with a trial, as illegal as it was shameful: had you consented to such mockery, under the influence of bodily weakness and mental torture: had you been thus thrust out into banishment, like the worst of miscreants: where would you have found words. to express your horror and disgust?

STATUTES

PASSED IN THE SECOND SESSION

OF THE

SECOND PROVINCIAL PARLIAMENT

OF

UPPER CANADA,

MET AT YORK, 1ST JUNE, 1797.

THE HONOURABLE PETER RUSSEL, ESQ. PRESIDENT.

CHAPTER I.

An ACT for the better securing the Province against the King's Enemies.

Whereas, the laws now in force against alien enemies Preamble. may not prove sufficient to secure the tranquillity of the province; Be it therefore enacted, by the King's most excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the province of Upper Canada, constituted and assembled by virtue of, and under the authority of an Act passed in the Parliament of Great Britain, entituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entituled, 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America,' and to make further provision for the Government of the said Province;" and by the

Description authority of the same, That from and after the passing of of persons this Act, no person, of whatever name, character, or provisions of description, being an inhabitant, subject, or citizen of, or

subject to the

this Act.

Duty of jus tices respecting such.

owing, or professing to owe allegiance to any country, kingdom, state, or commonwealth, now at war against our sovereign Lord the .King, or who shall have been an inhabitant, subject, or citizen of, or owing allegiance to any such country, kingdom, state, or commonwealth, within the space of seven years preceding the passing of this Act, except as herein after excepted, shall be permitted to enter, remain, reside, or dwell in any part of this province, under the pains and penalties herein after expressed.

II. And be it further enacted, That if any person from and after the passing of this Act, of whatever character or description, being an inhabitant, subject, or citizen of, or owing, or professing to owe allegiance to any country, kingdom, state, or commonwealth, now at war against our sovereign Lord the King, or who shall have been an inhabitant, subject, or citizen of, or owing allegiance to any such country, kingdom, state, or commonwealth, within the space of seven years preceding the passing of this Act (except as hereafter excepted), shall enter, remain, reside, dwell, or be found in any part of this province, it shall and may be lawful for any of His Majesty's justices of the peace to issue his warrant for the apprehension of such person; and upon a due examination of, and finding him to fall within the description, intent, and meaning of this Act, to order him to leave the province within fourand-twenty hours; and in case he shall be found within the limits of this province after that time, it shall and may be lawful to and for any person, with or without warrant, to seize and carry him before any of His Majesty's justices of the peace, who shall commit him to the common gaol of the district, county, or place, where he shall be so found after the expiration of the time aforesaid, for the space of

one month, at the end of which time he shall be again required and ordered by any of His Majesty's justices of the peace, to leave this province within the space of twenty-four hours; and in case he shall again be found within the limits thereof, at the expiration of that time, he shall, upon conviction thereof, before any commissioner of Oyer and Terminer, be deemed and adjudged a felon, and shall suffer death without benefit of clergy.

Exception to persons

li

III. Provided always, That this Act shall not extend, or be construed to extend, to any person having leave, having cence of re licence, or authority from the Governor, Lieutenant- sidence. Governor, or person administering the government of this province, under his hand and seal, to enter,. remain, reside, or dwell, in any part of the said province.

No person

IV. And be it further enacted, That if any person to entertain now living and residing, or hereafter living and residing, such enemy. during the continuance of this Act, within the province, shall knowingly receive, entertain, protect, countenance, support, or encourage, any person of whatever name, description, or character, being an inhabitant, subject, or citizen of, or owing allegiance to, or professing to owe allegiance to any country, kingdom, state, or commonwealth, or who shall have been an inhabitant, subject, or citizen of, or owing allegiance to any country, kingdom, state, or commonwealth, within the space of seven years, preceding the passing of this Act, now at war against our sovereign Lord the King, to enter, remain, reside, or dwell in any part of this province, except as before excepted, and shall be duly convicted thereof, in any of His Majesty's courts of record in this province, by indictment or information, he shall be deemed guilty of an high misdemeanour, and subject to the pains and penalties in all cases of misdemeanour imposed and inflicted.

Penalty thereon.

Subject's

and duty, in

V. And be it further enacted, That it shall and may authority be lawful to and for any of His Majesty's subjects, having the case of reasonable cause to suspect a person of being an inhabi

suspected

persons.