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TWO:It was in these peculiar circumstances that the extraordinary measure was adopted of sending out a commission. The king, however, was furious at what he regarded as a breach of his prerogative. He told Sir George Grey, one of the Commission, in the presence of his Ministers, that he was to assert the prerogative of the Crown, which persons who ought to have known better had dared to deny, and that he was to recollect that Lower Canada had been conquered by the sword. A week later he favoured Lord Gosford with this[399] outburst��"By God I will never consent to alienate the Crown lands, nor to make the Council elective. Mind, my lord, the Cabinet is not my Cabinet. They had better take all, or by God I will have them impeached." As Lord Glenelg, the Colonial Secretary, was the person alluded to in the first sally, the Ministry drew up a strongly worded remonstrance which was read to the king by Lord Melbourne. But Lord Glenelg's instructions to Lord Gosford were toned down, and his mission was therefore foredoomed to failure. It was found that the sense of grievance and the complaints of bad government prevailed in both provinces, though of a different character in each. The habitants of the Lower Province complained of the preference shown by the Government to the British settlers and to the English language over the French. Englishmen, they said, monopolised the public offices, which they administered with the partiality and injustice of a dominant race. They complained also of the interference of the Government in elections, and of its unreasonable delay in considering or sanctioning the Bills passed by the Assembly. They insisted, moreover, that the Upper House, corresponding to the House of Peers, should be elective, instead of being appointed by the Crown and subject to its will. In the Upper Province the chief grounds of discontent arose from the want of due control over the public money and its expenditure. Many of the electors had gone out from Great Britain and Ireland during the Reform agitation, bearing with them strong convictions and excited feelings on the subject of popular rights, and they were not at all disposed to submit to monopoly in the colony of their adoption, after assisting to overthrow it in the mother country. Lord Gosford opened the Assembly in November, 1835, and in the course of his speech he said, "I have received the commands of our most gracious Sovereign to acquaint you that his Majesty is disposed to place under the control of the representatives of the people all public moneys payable to his Majesty or to his officers in this province, whether arising from taxes or from any other source. The accounts which will be submitted to your examination show the large arrears due as salaries to public officers and for the ordinary expenditure of the Government; and I earnestly request of you to pass such votes as may effect the liquidation of these arrears, and provide for the maintenance of the public servants, pending the inquiry by the Commissioners."Driven to desperation, Burgoyne now contemplated crossing the river in the very face of the enemy, and fighting his way through, and for this purpose he sent a party up the river to reconnoitre a suitable spot. Once over, he had little doubt of making his way to Fort Edward, and thence to the Canadian lakes. At this moment Gates was informed that Burgoyne had effected his passage, and that he had left only the rear-guard in the camp. He was in full march upon the camp, in the belief that he could seize it with ease, and part of his forces had actually crossed the fords of Fishkill, near which Burgoyne was strongly posted, when a spy or a deserter informed him of his mistake. Had it not been for this circumstance he must have suffered a surprise and a certain defeat, and the fortunes of Burgoyne would probably have been different. He was now on the alert to receive the Americans, and when, to his mortification, he saw them at a signal again retreating, he poured a murderous fire into them, and pursued them in confusion across the creek. This was his last chance. No news reached him from Clinton; but he ascertained that the Americans had already, in strong force, blocked up his way to Fort Edward. This was decisive. On the 13th he called together a council of war, at which every captain was invited to attend, and the unanimous result of the deliberations was that they must capitulate. Accordingly, an officer was sent with a note to the American headquarters that evening, to propose an interview between General Burgoyne and General Gates. The American General agreed to the meeting at ten o'clock the next morning. There Burgoyne stated that he was aware of the superiority of Gates's numbers, and, to spare the useless effusion of blood, he proposed a cessation of arms, to give time for a treaty to that effect.

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