Clendenan-Thompson family fonds

Daniel Clendenan (1793-1866) was the son of Abraham Clendenan, a private in Butler’s Rangers. He was married to Susan[na] [Albrecht ] Albright, daughter of Amos Albright. Daniel and Susan[na] had twelve children and belonged to the Disciple Church. In 1826 Daniel Clendenan purchased Part lot 14, Concession 6, Louth Township from Robert Roberts Loring. On this property he built a home and conducted the business of blacksmithing and along with William Jones operated a lumber mill. Volume 1 and the first part of Volume 2 are Daniel Clendenan’s account books. Daniel and his wife Susan are buried in the Vineland Mennonite cemetery. Daniel and Susan[na]’s youngest daughter, Sarah, married widower Andrew Thompson (1825-1901), son of Charles and grandson of Solomon. Andrew Thompson had settled in the Wainfleet area in 1854 and had owned a mill in Wellandport. Daniel Clendenan, in ill health, passed ownership of Lot 14, Concession 6, Louth Township to his son-in-law Andrew Thompson. Robert Roberts Loring, the original owner of lot 14, concession 6 in Louth was born in September of 1789 in England. He joined the 49th Regiment of Foot as an ensign in December of 1804 and arrived in Quebec the following July. He served with Isaac Brock and Roger Sheaffe. In 1806 he was promoted to lieutenant. Loring was hired by Lieutenant General Gordon Drummond and accompanied him to Ireland in 1811, but the outbreak of war in the States in 1812 drew Loring back to Canada. On June 26, 1812 Loring became a captain in the 104th Regiment of Foot. On October 29 of the same year, he was appointed aide-de-camp to Sheaffe who was the administrator of Upper Canada. During the American attack on York in April 1813, Loring suffered an injury to his right arm from which he never recovered. In December of 1813, Drummond assumed command of the forces in Upper Canada and he appointed Loring as his aide-de-camp, later civil secretary and eventually his personal secretary. Loring was with Drummond in 1813 at the capture of Fort Niagara (near Youngstown), N.Y. He was also with Drummond in the attacks on Fort Niagara, settlements along the American side of the Niagara River, and then York and Kingston. In July of 1814 he was promoted to brevet major, however he was captured at the Battle of Lundy’s Lane and he spent the remainder of the conflict in Cheshire, Massachusetts. One of his fellow captives was William Hamilton Merritt. Loring remained in the army and had numerous military posts in Canada and England. He retired in 1839 and lived the last of his years in Toronto. He died on April 1, 1848. Sources: http://www.biographi.ca/en/bio/loring_robert_roberts_7E.html and “Loring, Robert Roberts” by Robert Malcomson in The Encyclopedia Of the War Of 1812 edited by Spencer Tucker, James R. Arnold, Roberta Wiener, Paul G. Pierpaoli, John C. Fredriksen

Letter written by Mahlon Taylor to Samuel Clarke commenting on US troops during Fort George occupation, July 26, 1813

Fort George, situated on the west side of the Niagara River in Niagara-on-the-Lake, served as the headquarters for the Centre Division of the British Army during the War of 1812. On May 25, 1813, the Americans launched an artillery attack on the Fort, destroying most of the buildings. Two days later, the Americans invaded the Town of Niagara and occupied Fort George. They remained in the Fort for almost seven months, but suffered defeats at the Battle of Stoney Creek and Beaver Dams. Only a small number of militia remained stationed at the Fort. Fearing an attack by the British, the Americans retreated back across the Niagara River in December, 1813. The Fort remained in British possession for the rest of the War.

James Monroe letter of marque, ca. 1812

James Monroe (1758-1831) was appointed Secretary of State by President James Madison in 1811. He remained in this position until March, 1817, with the exception of the period from October 1, 1814, to February 28, 1815, when he was ad interim Secretary of State. Monroe encouraged President James Madison and Congress to declare war on Great Britain, feeling it would be the most effective way to change offensive British policies. The United States declared war on June 17, 1812, after which he served as Secretary of War. Monroe later became President of the United States from 1817 until 1824.

Broadside reporting the Fenian Invasion of Canada, June 2, 1866

The Fenians were a group intent on securing Irish independence from England. The movement had its origins in Ireland in1857, under the leadership of James Stephens, with the assistance of John O'Mahony, an American who had raised funds for the cause. The American branch of this movement was especially successful, having raised $500 000 and enlisting about 10 000 American Civil War veterans. The group split into two separate factions, one desiring an invasion of Canada and the other preferring an uprising in Ireland. It soon became apparent that an uprising in Ireland was not imminent, and a decision was made to invade Canada. In April, 1866, a raid was launched against New Brunswick. It proved unsuccessful, and another raid was attempted on June 1, 1866, this time in Ridgeway, near Fort Erie, Ontario. The Canadian militiamen were defeated, but the Fenians subsequently withdrew. A third incident occurred on June 7, this time at Missisquoi Bay in Quebec, when the Fenians crossed the border, remained there for 2 days, and withdrew. A failed uprising in Ireland in 1867 signaled the demise of the movement. The Fenian threat helped to promote a sense of union among Canadians and provided an incentive for Confederation.

Secret Orders - 16 June, 1918

A set of instructions marked "Secret" for Lt. Col. F.C. McCordick, Commanding 15th Garrison Battalion Kings Own Yorkshire Light Infantry. The handwritten document is dated 16 June, 1918 and is Copy No.1. The document describes the role of the Battalion in the event of an enemy attack.

James Monroe letter of marque, ca. 1812

A letter of marque addressed to Captain James Rogers, commander of the boat Retaliation, and signed by James Monroe, secretary of state. Letters of marquee provided legal authority for an armed vessel to capture enemy ships and commit acts which would otherwise constitute piracy. The letter has no date, but was likely created during the War of 1812, and authorizes the Captain to attack and capture enemy vessels.

Letter - E.C. Schmon to Arthur A. Schmon, Monday Afternoon

The letter reads:" Dearest, How do you like this little surprise party? It is the latest way of sewing for the Red Cross - You remember I told you I was to meet Maud at two o'clock this afternoon, and we were going down to make surgical dressings? Well, thru a little misunderstanding about our meeting place, we missed each other; so I returned home. Mother thought I looked tired and insisted upon my taking a nap. I cam up to my room, and for an hour I've been trying to sleep, but "thought"(???) has prevented it. Artie dear, I have such an awful attack of the blues and while I was lying there trying to fight it, and also wishing that I knew your address - for I felt so much like writing to you, the thought came to me, that I could send a letter to you thru Chaunce, if I knew his company number. Hence - ensued a little chat with Mrs. Leake on the phone, and receiving the desired information, rushed to my desk, and - thus endeth the little tale. You are just about reaching Washington now, and I bet you are tired after that dreadfully monotonous trip. Take good care of yourself my "___"(?) Good luck, and lots of other wishes. Lovingly "Me". P.S. Write real, real soon and thank Chaunce for playing postman. L.

Broadside reporting the Fenian Invasion of Canada, June 2, 1866

The Fenians were a group intent on securing Irish independence from England. The movement had its origins in Ireland in1857, under the leadership of James Stephens, with the assistance of John O'Mahony, an American who had raised funds for the cause. The American branch of this movement was especially successful, having raised $500 000 and enlisting about 10 000 American Civil War veterans. The group split into two separate factions, one desiring an invasion of Canada and the other preferring an uprising in Ireland. It soon became apparent that an uprising in Ireland was not imminent, and a decision was made to invade Canada. In April, 1866, a raid was launched against New Brunswick. It proved unsuccessful, and another raid was attempted on June 1, 1866, this time in Ridgeway, near Fort Erie, Ontario. The Canadian militiamen were defeated, but the Fenians subsequently withdrew. A third incident occurred on June 7, this time at Missisquoi Bay in Quebec, when the Fenians crossed the border, remained there for 2 days, and withdrew. A failed uprising in Ireland in 1867 signaled the demise of the movement. The Fenian threat helped to promote a sense of union among Canadians and provided an incentive for Confederation.

Journal of Cantigny Operations, 28 May 1918

A "journal of Cantigny operations" starting at 12:15 a.m. May 28th through May 30th. The final entry reads: "May 30th: Colonel Holbrook reports that the Germans started another Counter Attack about 3:30A.M. that the first wave got through our barrage, but did not reach our lines and that the second wave was destroyed by our barrage."

Report of Operations in Mouzon Area, 1918

A report on the operations in Mouzon starting October 12 through November 6th. The attack took place November 6th according to the report. Also included is a list of prisoners from enemy units.

Map - Plan of Organization of Conquered Position

A map titled "Plan of Organization of Conquered Position". There is a legend at the top right that reads: "Parallel of Surveillance, Parallel of Resistance, Parallel of the Redoubts, Limit between Bns., Final Objective, Final Line after Counter Attack." The map is dated 17 December 1918

Broadside Reporting the Fenian Invasion, June 2 1866

The collection consists of 6 broadsides reporting the events of the Fenian invasion of Canada on June 2 and 3, 1866. Three of the broadsides are titled Leader Extra, two are titled Globe Extra, and the last is titled News Extra. This one is titled Leader Extra and begins with 2nd edition and ends with 8th edition. The headings include: "First Engagement: Our Gallant Volunteers foremost in the Attack", "Victory! Victory!", "Fenian Leader Shot", Battle at Fort Erie".

Letter to the Editor of the Globe

Letter Regarding the Burning of St. Davids (3 ½ handwritten pages) A letter to the editor of the Globe regarding the lack of historical knowledge displayed by the Globe’s correspondent regarding the descendants of those who fought at Queenston Heights and the burning of St. Davids in 1813 or 1814 [July 18, 1814]. The letter also mentions the “friendly Indians” who encamped in St. Davids. The letter is not signed nor dated. A transcript of the letter is enclosed, [The burning of St. Davids by the American troops on July 19, 1814 was an unjustifiable act. The officer who led the attack was court-martialed and dismissed from the service.] n.d.

Percy Carruthers Band fonds, 1857-2005, n.d. (non-inclusive)

Percy Carruthers Band was born on November 27, 1892 in Toronto, Ontario to Charles Walter Band, a grain merchant and Jessie Camp Shaw Band. He graduated from Upper Canada College and became a broker. He worked at the Dominion Bank and then at Maple Leaf Milling Company. He was stationed at Port Colborne for a while. Before leaving for the front, he was with Bankers Bond Company of Toronto and is also listed as working with the firm of Bailey, Wood and Cross. Lieutenant Band received a Certificate of Military Qualifications on Dec. 24th, 1914. He received his Certificate of Military Instruction on Nov. 30, 1915. He received these certificates while with the 48th Regiment (Highlanders). He enlisted in 1914 and went overseas in August of 1915 as an officer in the 35th Battalion. By August 26, 1915, he is listed as being with the 23rd Reserve Battalion. A year later, in August of 1916 Lieutenant Band arrived in France and was posted to the 2nd Battalion – “The Second Iron”. In 1916, Band was the victim of shell shock received during a charge. He was wounded in April of 1917 at Vimy Ridge yet he remained on duty. At this time he received a gunshot wound to his right jaw. He earned a promotion to Captain on September 16th, 1917. He was wounded again in November of 1917 at Passchendaele where he suffered a gunshot wound to the ear. For his courage and determination Percy Band received the Military Cross on February 18, 1918. He led his company under difficult circumstances even though he was wounded. He was awarded a bar to the Military Cross for gallantry during a successful attack on two villages on December 2nd, 1918. During this attack he led his company against enemy machine guns. It is said that he displayed exceptional leadership qualities and skill during this time. On the 30th of August in 1918, he made a daring reconnaissance to the front under heavy fire in an attack on Upton Wood. He was also commended on his gallantry during attacks on Cagnicourt and the Canal du Nord in September of 1918. He was awarded the second bar to the Military Cross on February 1, 1919. The award of the Croix de Guerre was conferred on Captain Percy Carruthers Band by the President of the French Republic on December 15th, 1918 for distinguished service rendered during the course of the campaign. His general demobilization took place on April 25, 1919. Percy Band married Margaret Julia Woodruff on November 25, 1919, and they had three children: Charles Woodruff Band (1921), Margaret Elizabeth Band (1924) and Robert DeVeaux Woodruff Band (1927). After the war, Mr. Band was a manager at Geo. Weston Bread and Cakes Limited, St. Catharines. Percy Band was also an avid collector. His collections included antique toys and art. He died suddenly on May 19, 1961. The Toronto Telegram published this about him: “Captain Percy Carruthers Band, M.C. with two Bars, Croix de Guerre with Palm – was an officer whose buoyant spirit and gallantry mirrored the vibrant soul of the Battalion. Blythe of heart, yet endowed with a fine sense of responsibility, he gave inspired leadership of No. 3 Company.”

De la légitimité du recours à l'action déclaratoire dans les litiges du commerce international

Comme son titre l'indique, ce mémoire traite de la légitimité du recours à l'action déclaratoire en droit international privé québécois. L'action déclaratoire, qu'elle soit introduite par déclaration ou par requête, a pour but de faire prononcer un tribunal sur l'existence ou l'inexistence de droits et obligations des parties. Bien que très ancienne, l'action déclaratoire n'était que peu utilisée au Québec jusqu'à l'avènement en 1966 de la requête en jugement déclaratoire dans notre Code de procédure civile. Aujourd'hui, cette action est largement utilisée en droit public dans le cadre du pouvoir de surveillance et de contrôle de la Cour supérieure, mais aussi dans le contexte du droit international privé comme une stratégie de défense, ou parfois d'attaque, dans le cadre d'un litige international. Fondamentalement, la finalité de cette action est d'offrir un mécanisme de protection judiciaire des droits d'un individu lorsque les autres recours ne sont pas disponibles ou accessibles, et de permettre un recours efficace hors du cadre traditionnel de la procédure ordinaire. Dès lors, il semble contestable d'utiliser en droit international privé l'action en jugement déclaratoire pour bloquer les procédures ordinaires autrement applicables. L'objet de cette étude est ainsi de démontrer que bien que le recours à l'action déclaratoire soit légitime en droit international privé, son utilisation actuelle à des fins stratégiques en présence, ou en prévision, d'une action ordinaire intentée dans une autre juridiction, paraît difficilement justifiable. Ainsi, la première partie de ce mémoire est consacrée à l'étude de la légitimité de l'action déclaratoire en droit international privé québécois, et la seconde partie s'intéresse aux effets d'une requête en jugement déclaratoire étrangère sur la procédure internationale au Québec.