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Report of the Public Archives for the year 1936 Public Archives of Canada; Lanctôt, Gustave, 1883-1975 1937

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Array DOMINION OF CANADA
REPORT
PUBLIC ARCHIVES
FOR THE YEAR
1936
GUSTAVE LANCTOT
Keeper of Public Records
OTTAWA
J. O. PATENAUDE, I.S.O.
PRINTER TO THE KING'S MOST EXCELLENT MAJESTY
Price, $1.00  DOMINION OF CANADA
REPORT
PUBLIC ARCHIVES
FOR THE YEAR
1936
GUSTAVE LANCTOT
Keeper of Public Records
OTTAWA
J. O. PATENAUDE, I.S.O.
PRINTER TO THE KING'S MOST EXCELLENT MAJESTY  COINTENTS
Page
Report of the Keeper of Public Records  v
Reports of Divisions        vii
List of Donations     xxiii
Appendix—Calendar of State Papers, Upper Canada, 1836-38 {Series G.,
Vols. 76-86)—A continuation of the calendar printed in the Reports
for 1933 and 1935      400  REPORT OF THE PUBLIC ARCHIVES
FOR THE YEAR 1936
Ottawa, December 6, 1937.
To the Honourable Fernand Rinfret,
Secretary of State,
Ottawa.
Sir,—I have the honour to present to you herewith the report of the Department of Public Archives of Canada for the year 1936. I hope to be able in a
few months also to submit the report for 1937. In this way the department will
be up to date as early as next year.
The reports of the various sections together indicate the work they have
done and in some instances the acquisitions they have received. These acquisitions are completed by a detailed list of donations made to the departments
from January to December, 1936.
The Archives is thus enriched by many documents—originals or copies.
By way of comment on the list of the manuscript section, on account of their
special interest, it is well to draw attention to a few. For the French period
two letters of LeMoyne d'Iberville, from the Quebec Archives, may be mentioned. From the Archives de France there have come to us the registers of the
Conseil Superieur de Louisbourg and particularly the notarial items from the
Etude Sacre, Minutes Teuleron, for the years 1645-51, which are of special
interest for the beginnings of the economic organization of both Acadia and
New France. The Collection Benaudot, 1683-6, contains the important letters
of the Abbe Bernou relative to the explorations of Cavelier de la Salle. From
the Bibliotheque Nationale also, volume 9269 contains, on the origins of Canada
from 1534 to 1685, commissions, letters patent and memoirs on Cartier,
Roberval, Jacques Noel, Chauvin and de Mbnts, items relative to the company
of Montmorency and letters of Voyer d'Argenson. Series V7, Grande Chancel-
lerie et Conseil, may also be noted the voluminous portfolios of which are concerned with the property of the Canadian prevaricators, namely Bigot and his
associates. Finally, series E, portfolio 263, contains information on the explorer
La Verendrye. :-, vi PUBLIC ARCHIVES
Bridging the gap between the French and English periods, the Collection
Baby, Bibliotheque de Saint-Sulpice, for the years 1672 to 1841, provides items
of every variety, particularly letters and notarial documents on the economic,
family and seigneurial relationships of the period. From the Library of McGill
University comes the Collection of Ryland Papers which consists of the correspondence of the famous Herman Witsius Ryland with Sir James Craig, Lord
Liverpool, Robert Peel and others, for the years 1808 to 1815, published in part
by the historian Robert Christie.
From England the Archives have received interesting acquisitions: from the
Colonial Office, series 43, Letters from the Secretary of State concerning North
America, and series 217, Nova Scotian budgets for the years 1758-1768. From
the same archives also the Carnarvon Papers, 1858, relating to the choice of
the Canadian capital. From the War Office may be noted among other acquisitions the Amherst Papers for the years 1756-63, which are of primary importance for the history of the period. From the Foreign Office should be mentioned
particularly the | Papers relative to the Expedition of Lieutenants Warre and
Vavasour to the Oregon Territory, 1846."
Among the acquisitions from Canadian sources may be mentioned the collection of Dr. C. N. Bell of Winnipeg, which contains documents of the North-
West Company and of the Hudson's Bay Company relative to Fort William,
and the employment of voyageurs for the years 1787 to 1821 and letters from
several notables and traders, such as Sir George Simpson, Miles MacDonell,
Donald Ross, Colin Campbell, etc. To particularize, a letter from Judge Black,
of 1850, on the political and social condition of the colony of the Red River.
To be noted also, two files of documents relative to the Fenian Raids, concerning,
among other things, the skirmishes at Pigeon Hill and Ridgeway in 1866.
The appendix of the present report contains the continuation of the calendar
of State Papers which the Secretary of State for the Colonies addressed to the
Lieutenant Governors and other high officials of the province of Upper Canada
between 1836 and 1838. The first parts of the calendar have appeared in the
reports for the years 1933 and 1935. It should be remembered that it was the
late Mr. William Smith, the much esteemed Assistant Deputy Minister, who
compiled this calendar, subsequently prepared for publication.
I have the honour to be, sir,
Your obedient servant,
GUSTAVE LANCTOT,
Deputy Minister. REPORTS OF DIVISIONS FOR THE YEAR 1936
MANUSCRIPT DIVISION
MANUSCRIPTS RECEIVED
Transcripts from Canada
Quebec—
Provincial Archives, Register of the Prevote de Quebec, 1755.
Provincial Archives, Lettres d'Iberville, 1697.
Court House Archives, Montreal, Notarial Records of B. Basset.
McGill University Library, Montreal, Ryland Papers.
St. Sulpice Library, Montreal, divers papers of the Baby Collection.
Ste Anne des Plaines, Parish Register.
St Francois du Lac, Parish Register.
Ste Rose, Parish Register.
Saskatchewan—
University Library, Saskatoon, Homesteaders' Experiences.
Transcripts from England
Public Record Office—
Admiralty Secretary, In-Letters, vol. 1706, re Sir Charles Douglas.
Admiralty Series 9, vol. 30, Services of Lt. John Elmsley.
Colonial Office Series 42, vol. 555 re Military Labourers.
" | "    43, vols. 84-88 Letters from Secretary of State 1836-S
Colonial Office Series 217, vol. 27, Nova Scotia Accounts 1758-68.
Colonial Office Series 323, vol. 232 re Education, of coloured races.
Foreign Office Series 5, vol. 18. Extracts.
Foreign Office Series 5, vol. 117 Naval Armaments on the Lakes, 1816.
Foreign Office Series 5, vol. 457 Oregon Territory, 1846.
Gifts and Deposits Series 6, vol. 69.   Carnarvon Papers.
S.P.G., F.P. Series D, vol. 58.   Letters 1881.
Hudson's Bay Company Ship's Record "Prince of Wales."
War Office Series 1, vol. 559. Memoranda.
War Office Series 34, vols. 34-36. Amherst Papers, 1756-63.
War Office Series 55, vol. 1886. Engineers Report Kingston, 1829.
Windsor Castle—
Royal Archives, Cumberland Papers.
Transcripts from France
Archives des Colontes—
Serie D1 vol. 12, Soldats, correspondance, 1780 et 1781.
Serie D2 Vols. 5-9, Officiers, civils et militaires, 1763-6.
Serie E cartons 10, Dossier Aubert, 1749-58.
17,
"      Barot, Pierre Esprit.
19,
"      Baudry.
38,
"      Baudicourt.
124,
"      Desgoutin.
249,
"      Lajus.
263,
I      LaVeranderie. PUBLIC ARCHIVES
Archives de la Marine— ,   ..-„,„
Serie B2 vols. 291-312, Lettres et Ordresdu Roy, 1732-40.
Serie B*    "    361-379, Lettres regues   1735-6.
Serie B4    "      59-67,   Campagnes, 1746-55.
Serie C carton 161, Dossier La Jonquiere de Taffanel.
Archives Nationales—
Serie E, 410B-467B, Conseils du Roi.
Serie L1, Liasse 120, Fonds Notaires.
Serie V7, Carton 364, Commissions extraordinaires du Conseil.
Archives de la Chabente Inferieure:—
Louisbourg Nos Prov. 13-17, 1754-67.
Etude Sacre Minutes Teuleron, Liasse 1645-51.
BIBLIOTHEQUE NATIONALS—
Nouvelles Acquisitions vols. 7497, Collection Renaudot 1683-6.
Nouvelles Acquisitions vols. 9269, Origines Franchises Canada, 1534-1674.
MlNISTERE DES AFFAIRES ETRANGERES—
Correspondance Politique Angleterre vols. 482-506, 1768-1774.
Memoires et documents Angleterre vol. 69, 1749-1882.
Ministers des Colonies—
Serie G2 Carton 182, He Royale, Louisbourg Greffe Conseil Superieur, 1733.
Serie G2 Carton 184, lie Royale, Louisbourg Greffe Conseil Superieur, 1737.:
Transcripts from Spain
Les Archives de la Province Guipuzocoa San Sebastian.
Transcripts from United States
Michigan-Avon, Justice's Court Docket.
Originals from Federal Government Sources
Post Office Department—
Account Book, 1843-5         1 vol.
Letter Books,  1841-1913   (including  Registers  &
Indexes)     353 vois.
Record Book, 1893-6         1 vol.
Scrap Books, 1857-97         5 vols.
From Miscellaneous Sources
Letters of Captain R. W. Phipps, 1866, relating to Fenian Raids, with
explanatory typescript notes.   Gift of Sir Edmund Phipps.
R°« SSCxt R?gister k€Pt at North West River, Esquimaux Bay, Lat.
H B Sh fit 0ng' 60°"0' W'' CommencinS lst March, 1841.    Gift of
Situation of Posts, Houses and Forts in Western Canada.   Gift of H.
B.
Birth Certificate of Sir Isaac Brock
s mS^rs,^000^ md affldavita re Fmian Eaide-Gm '•
Pnsmt^:dH5sr5.ofG^„Ts.nEsrthe classiacaam of m REPORT FOR THE YEAR 19S6 ix
First telegram received in the City of Winnipeg.   Gift of the Canadian
Pacific Railway.    (Photostat.)
Minutes of the executive committee of the Canadian Patriotic Fund  14th
August, 1914, to 9th June, 1922.   2 volumes.   Gift of the Canadian
Patriotic Fund,   (typescript.)
Genealogical History of the Cowell Family, by Bacon Vaughan.    (Typescript.)
Treaty between the British and Indians signed at Boston, 1725; reaffirmed
at Halifax, N.S., 1749.   Gift of R. P. Gorham.    (Facsimile.)
* Contract between the Bell Telephone Company of Canada and the E. B.
Eddy  Company,  15th May,  1883.    Gift of the E.  B.  Eddy  Co.
(Photostat.)
Application of Selim Franklin,  1859, to the Lieut. Governor of British
Columbia for appointment, from Collection F, 592.1, British Columbia
Archives.   Gift of D. Rome.    (Typescript.)
Correspondence relating to the Canadian Council on Child and Family
Welfare, Jan. 1933 to Dec. 1934.   Gift of W. L. Scott.
Children's Aid Society correspondence, Jan. 1932 to Dec. 1934.   Gift of
W. L. Scott.
Royal Warrant granting armorial ensigns to Dr. Jacob Mountain, first-
Bishop of Quebec.
List of French at Port Royal to whom Capt. Fleetwood Ernes gave the
Oath of Allegiance, Aug. 6, 1695.   Gift of Archives Division, Commonwealth of Massachusetts.   (Photostat.)
Extract from a letter of Louis Schmidt to John L'Esperance concerning the
flag of Les Metis.   Gift of M. Adrien Potvin.
Drafts of Sir George E. Foster's message to the press on the sinking of the
Lusitania; and of cables to the Prime Ministers of Australia and New
Zealand on the Dardanelles landing.   Gift of C. H. Payne.
A Sketch of the History of Vanneck Presbyterian Church, London Township, by John W. Robson.   Gift of Dr. E. Seaborn.    (Typescript.)
Copy of a letter from Dr. J. H. Rand to James Macdonnell, 15th Jan., 1869.
Gift of Miss Helen M. Macdonnell.
Land grant to G. T. Burke, 11th Feb., 1834.   Gift of G. M. Matheson.
Commission of lieutenant to Daniel Fogarty and of captain to Thomas A.
Christie, 23rd June, 1843.   Gift of G. M. Matheson.
The Regimental History of the Lanark and Renfrew Scottish Regiment
(Highlanders).   Gift of Lieut. Colonel P. H. Gardner.    (Typescript.)
Notes by Dr. R. W. Powell on The Last Ten Days of Sir John A. Macdonald.
Gift of Dr. Campbell Laidlaw.
Account book of the Partnership of Taylor and Duffin, Niagara, 1779.   Gift
of Miss Duffin.
Letters and miscellaneous papers relating to W. L. Mackenzie and the
insurrection of 1837-38.
Reply of Sir Francis Bond Head to an address, Toronto, 25th March, 1836.
Rejoinder of fourteen persons to Sir Francis Bond Head's Reply of 25th
March, 1836.
Miscellaneous papers from the J. J. Murphy estate.   4 portfolios.
Papers relating to the North West, 1787-1842, from the Dr. C. N. Bell
collection.
Extracts from a Justice's Court Docket, Avon Township, Oakland County,
Michigan, 1813-20. Gift of Justice W. R. Riddell. (Photostat.)
Lists of Minas Basin shipping, 1850-1915. Gift of Dr. W. C. Milner.
Irish Emigrants to Canada and United States of America m the Years 1833
and 1834.   Gift of Dr. D. A. Chart.    (Typescript.)
Papers relating to the dispatch of Her Majesty's Troops to Red Kiver
Settlement, 1846.   Gift of the Hudson's Bay Company. x PUBLIC ARCHIVES
Four Notices of the Condition of Sir John A. Macdonald, June 4th-6th,
1891.   Gift of the MacCracken Estate.
Abstract of the will of Thomas Teylior, armourer, London.   Gift of Lieut.
Colonel H. R. Phipps.
G. T. HAMILTON
CLASSIFICATION, INDEX AND INFORMATION DIVISION
For several years past the number of requests have increased remarkably.
This year, however, it was slightly reduced. This decrease in the number of
inquiries does not necessarily mean a dimunition of work, as historians become
more and more particular as time goes on, and the information asked for covers
a very wide field, political and religious history, economics, questions regarding
sociology, biography, geopraphy, demography, art, etc.
During the year seventeen hundred and eighty-seven (1787) questions have
been answered and most of them have been appreciated by the inquirer as is
evidenced by the many letters received in acknowledgment of this service.
The Great War (1914-18) branch has put fifteen hundred and sixty-five
(1565) files in circulation.
Official information has been supplied to many Departments of the Public
Service, the Post Office, National Defence, Indian Affairs, Interior, Trade and
Commerce, and also to the Canadian Radio Commission, Supreme Court of
Canada and the Governor General Secretary's Office. The Provincial Commissions for the Old Age Pensions have applied to this office on several occasions
for verification of age. The Universities of Toronto, McGill, Montreal, Ottawa,
Dalhousie, Queen's, Wisconsin, California, Stanford, Buffalo, Dakota, Nebraska,
Temple and even from far off Knox College, New Zealand have been supplied
with information from this Division. Tourists visiting the Archives often ask
for information regarding their ancestors and in most cases documents are shown
to them relating to their family. This service adds to their interest in the
Archives.
CLASSIFICATION
Work on the Guide to documents relating to Nova Scotia, New Brunswick,
Prince Edward Island and Cape Breton has been continued. Progress is shown
in classification of military records containing military pay lists and nominal rolls
of the War of 1812 which have not been previously available for reference. While
in some instances these records are not quite complete they have, however, a great
historical value. The Active Militia pay lists for the years 1914-24 are in course
of classification. The list of Militia officers for the years 1778-1867 has been
reclassified and bound making eighty-six volumes. The same was done with the
Militia General Orders covering the years 1805-1867.
Six hundred and twelve files on the Canadian Siberian Expedition (1918)
have been catalogued.
INDEX
The Index of the English and French aditions of our Annual Reports progresses favourably; that for the years 1889 and 1890 is complete and comprises
about 20,000 cards.
. Thirteen thousand eight hundred and fifty cards of the Military or " C "
Series have been typewritten and, together with the remainder of the cards
belonging to this series, have been placed in their respective drawers.
Twelve thousand cards for the Quebec Gazette have been indexed and tvne-
wntten, completing the period from 1764 to 1822 REPORT FOR  THE   YEAR   1986 xi
Four thousand nine hundred and eighty-five cards of the requests received
during the year have been indexed and placed in their repository.
FRANCIS J. AUDET.
MAP AND CHART DIVISION
During1 the year 122 requests for information were received and 231 students
and professional men consulted maps in the Map Division.
Students from the University of Ottawa and from St. Patrick's College,
and from the Normal Schools and Collegiate Institutes of Ottawa, and others
from North Bay, Montreal and Quebec visited the Map Division in groups
and received instruction on the value and uses of maps.
Three hundred and twenty-six photostat copies and photographic prints
of maps were supplied to enquirers.
The maps in the list of accessions which follows are arranged in geographical
order under the respective main geographical headings.
ACCESSIONS
Atlases and Geographies
Physical Atlas with coloured maps, showing the Geographical Distribution
of Plants yielding food; Climates; Flora; Soils; Regions of Summer Rains;
Geological Formations and Hydrography of the Dominion of Canada. By J.
Beaufort Hurlbert, M.A., LL.D., Corresponding Member of the R. H. S. London: Author of "Britain and Her Colonies," "Field and Factory," "Climates of
Canada," &c. N.D.
Atlas of Canada. Department of the Interior, Canada. Honourable W. J.
Roche, Minister, 1915 Atlas of Canada. Revised and enlarged edition. Prepared under the direction of J. E. Chalifour, Chief Geographer.
New Historical Atlas of Huron County, Ontario. Illustrated. H. Belden
& Co., 1879. Compiled, Drawn and Published from Personal Examinations
and Surveys by H. Belden & Co.   Toronto.   1879.
Cartological Material. Vol. 1. Maps. (St. Lawrence Gulf) By G. R. F.
Prowse, 135 Hargrave Street, Winnipeg.    1936.
Monumenta Cartographica Africae et Aegypti par Youssouf Kamal. Tome
Troisieme Fascicule V.    1935.    (Illustrated.)
Maps and Plans
North America
Carte de la decouverte faite Tan 1673. Dans l'Amerique Septentrionale.
(From: Thevenot, Recueil de Voyages—Paris, 1681—p. 16)   (Photostat.)
Carte d'une Partie de L'Amerique Septentrionale Pour Servir a l'lntelli-
gence du Memoire sur les pretentions des Anglois au sujet des Limites a regler
avec la France, dans cette Partie du Monde. T. Jefferys sculpsit. Londini.
(From: Remarks on the French memorials concerning the limits of Acadia.
London, 175&—p. 1.)     (Photostat.)
A Map Exhibiting all the New Discoveries in the Interior Parts of North
America, Inscribed by Permission To the Honorable Governor and Company
of Adventurers of England Trading into Hudson's Bay In testimony of their
liberal Communications To their most Obedient and very Humble Servant,
A. Arrowsmith. Charles Street, Soho, January 1st, 1795. Additions to 1796.
(Col. Print.) rij PUBLIC ARCHIVES
A Mao of the Icy Sea in which the several Communications with the Land I
Waters and other new Discoveries are exhibited J-Gibson Sculp (From: An
Historical Account of all the Voyages round the World, performed by English
Navigators:   (David Henry)  London 1773-74.)     (Photostat.)
Map of the United States of North America, Upper & Lower Canada, New
Brunswick, Nova Scotia & British Columbia, Mexico, Cuba, Jamaica S*.
Domingo, and the Bahama Islands. By T. Ettling. Paniconographie de Gillot,
a Paris.   Supplement to the Illustrated London News.   June 1, 1861.
Canada
Carte generate du Canada en petit point: (From: Voyages du Baron de
Lahontan dans l'Amerique septentrionale. 2nd ed. 3 vols, in 2. Amsterdam,
1728.   Vol. 1, p. 105.)    (Photostat.)
Carte du Canada Dediee a Son Altesse Serenissime Monseigneur E. J. G.
de Biron Due de Courlands de Semigalle &c.   Par son tres humble & tres obeis-
sant Serviteur CI. le Beau.    (From: Aventures du Sr C. Le Beau.   Amsterdam, J
1738.   2 vols.   Vol. 1. p. 1.)    (Photostat.)
Reduced Copy of the Government Map of Canada.   Compiled by Thomas I
Devine F.R.G.S. &c.   Head of Surveys Upper Canada Branch D.C.L.    1862-63.
Department of Crown Lands.   The Honourable William McDougall Commissioner &c.    [Col. Print].
Maritime Provinces
A Map of the Island of Cape Breton.    (From: A letter to a great M r, j
on the prospects of a peace.. .London, 1769.—p. 30.)    (Photostat.)
Louisbourg,—
A Plan of the City & Fortifications of Louisbourg.    (From: A letter to a J
great M r, on the prospect of a peace.   London, 1769 — o. 18.)     (Photostat.)
Manuscript copies. From Paris, Archives des Colonies, Serie CUA, Vol.
126.
No.   99. Louisbourg 1751.   Profils du Front de Fortification d'entre Tangle Flanque du Bastion Princess cotte, 1, et celui de la Reine cotte, 2.
No. 101. Plan de Louisbourg ou  on  a represente  en  couleur jaune  les
ouvrages projetes qui doivent se faire pendant l'annee 1737 pour la
perfection de Penceinte et de ses dehors.   Verrier.
From Paris, Archives du Comite Technique du Genie, Article 15, Section 3.
Piece No 1. ' Plan du port et de la ville de Louisbourg avec les attaques
des anglais.    [1745].
Piece No. 2.   Plan du Port de Louisbourg et de ses Batteries [1745].
Piece No. 5.   Plan de Louisbourg en ITsle Royale et de ses attaques faites
pendant le Siege par les Anglois depuis le 8 juin jusqu'au 26 juillet
1758.
A Plan of Lotts surveyed & laid out between the Township of Amherst &
Londonderry on the road leading from Cumberland to Fort Belcher in the
Township of Onslow at the Head of Cobequid Bay, This Road will be the
Grand Road of Communication thro' the County of Cumberland & Halifax.
The Land m general is of a good Soil, abounding in various kinds of Timber
Trees, such as Beach, Maple Black, white, & yellow Birch, with a mixture of
SceTtPlI!e;,& m General is a well watered Country, has in some places
good Interva & meadow lands. (1774) Charles Morris Chf Surv'. From
London Public Record Office CO. 217, Vol. 27, p. 35. (Col. Manuscript Copy J
SS &a£ I T?^ ?-f land Sltuated on the North side of the Bason of
Mmas, and the Road leading from Partridge Island towards Fort Cumberland REPORT FOR THE YEAR 1986 xiii
This Tract is diversified with Hills & Vales & is in general of a good Soil
abounding in Timber Trees, natural to this Colony such as Beach, Birch!
Maple, Spruce, & Pine, is interspersed with Brooks, and Rivulets on which
there is Interval & Meadow land well adapted to Grass & Graising & the Hilly
parts will make good Arable land when Cultivated, as has been often experienced in this Country. (1774.) Charles Morris Chf Survr. From London
Public Record Office, CO. 217, Vol. 27, p. 55.    (Col. Manuscript Copy.)
Township of Wilmot Charles Morris Chf. Surv. From London, Public
Record Office, CO. 217, Vol. 27, p. 77.
Baye et entree de la riviere S* lean vis a vis le port Royal, laquelle Riuiere
fait la communication de la Baye Francoise auec le fleuue de Sl Laurens a
vingt cinq lieues de Quebec, laquelle est d'une tres grande consequence pour
l'Establissement du Canada et de l'acadie. (1686.) From Paris, Service
Hydrographique de la Marine, Portefeuille 133 — Div. 11 — Piece No. 1.
(Col. Manuscript copy.)
'Quebec Province
Carte Generale De Canada Grand Espace De Terre De Labrador ou Des
Eskimaux. Also Part of Mississippi River and Riviere Longue. (From:
Voyages du Baron de Lahontan dans l'Amerique septentrionale. 2nd ed. 3 vols
in 2.   Amsterdam, 1728.   Vol. 1, p. 162.)    (Photostat.)
An Authentic Plan of the River S* Laurence, from Sillery to the Fall of
Montmerenci with the Operations of the Siege of Quebec, under the Command
of Vice-Adm1 Saunders & Majr Gen1 Wolfe, down to the h Sepr 1759. Drawn by
a Captain in his Majesties Navy. Inset: A View of the Action gain'd by the
English, Sep* 13. 1759. near Quebec. (From: A letter to a great M—r, on the
prospect of a peace.  .  . London, 1769.   p. 131)    (Photostat.)
Map of Part of Lower Canada Shewing the Line of the Tache Road. And
other Colonization Branch Lines leading therefrom to the Seigniorial. Parishes
on the South side of the River S* Lawrence. G. Matthews, Litho: Montreal.
Department of Crown Lands, Quebec, February, 1861. P. W. VanKoughnet,
Commissioner. S. P. Bauset, Draftsman, Surveying Branch, Canada East.
(Print.)
Plan of the S* Maurice Territory. Woods & Forests Crown Land Department. Toronto. 4th April 1856. Joseph Cauchon Comr Crown Lands.
(Print.)
Map showing the route followed by C. D. Melvill during his Investigation
of the fisheries on the East side of James Bay and Waters tributary thereto.
C. O. Senecal, B.A. Sc, Geographer & Chief Draughtsman. Paul Frereault,
Draughtsman.    (Col. Print.)
Map of the Counties of Terrebonne Two Mountains and Argenteuil. G.
Matthews, Montreal. Department of Crown Lands Quebec 31. Dec. 1861.
Andrew Russell Assist Commr. E.E. Tache P.L.S. Draughtsman. Surveying
Branch, L. C Joseph Bouchette, Dep. Surv. Gen.    (Print.)
Map showing the St. Lawrence, Ottawa, Rideau, and Richelieu Canals.
Mortimer & Co. Lith.   Ottawa.    (Print.)
Map of Southern Ontario and Quebec showing Natural Resources and
Roads, Prepared by the Natural Resources Intelligence Service, F. C. C. Lynch,
Director. Department of the Interior. Hon. Charles Stewart, Minister. W.
W. Cory, C M. G., Deputy Minister.   Preliminary Edition.   1925.   (Col. Print.)
"Extract" from the Diagram of the Township of Hull Survey'd by R.
Davis, Octr. 1, 1801. " True Copy " of the Original plan of record in this
Department. Department of Lands and Forests, Quebec. H. 17. Hull. (Blue
Print.)
Plan Of part of the Township of Hull situated on the northerly side of
the Grand or Ottawa River in the Province of Lower Canada. All the Land in Xiv PUBLIC ARCHIVES
this Township North of the Range of mountains drawn on this plan are mountain^
eous and Rocky which render them Wholly unfit for agricultural purpose*
Surveyed in the Year 1801 & 1802 by Signed Th: Davis D.
P. S. H. 17A.   Hull (Blue Print.)
Ontario
Military Settlements of Upper Canada.   Bourne, Sc.    (Print.)
Map showing the St. Lawrence, Ottawa, Rideau, and Richelieu Canals.
Mortimer & Co. Lith. Ottawa.    (Print.)
A Map of the Province of Upper Canada and the Adjacent Territories in
North America Compiled by James G. Chewett, Assistant Draftsman undeM
the direction of Thomas Ridout Esqr Surveyor General of the Province ShewinjM
the Districts Counties and Townships in which are situated the Lands purlH
chased from the Crown by the Canada Company. Incorporated 1826. EngraveJ
by If S. Cox, for the Canada Company. To His Most Excellent Majesty King
George IV. With His Majesty's Gracious Permission and with every sentimenM
of grateful and dutiful reverence and Loyalty This Map is most humbly
dedicated by the Canada Company.    (Col. Print.)
Map of the Province of Ontario Dominion of Canada. 1920. Authorised
by the Minister of Lands, Forests and Mines. Ontario Department of LandsB
Forests & Mines Bureau of Colonization. First Edition, Aug. 1912. SeeonM
Edition, Nov. 1912.   Third Edition, 1920.    (Col. Print.)
Map of Southern Ontario  and Quebec showing Natural Resources  and
Roads, Prepared by the Natural Resources Intelligence Service, F.C.C. LyncbW
Director.    Department of the Interior.    Hon. Charles Stewart, Minister.    WJB
W. Cory, 0. M. G., Deputy Minister.   Preliminary Edition.   1925.   (Col. Print.M
Department of Public Highways Road Map of the Province of OntarioM
1925. Hon. Geo. S. Henry, Minister. S. L. Squire, Deputy Minister. Copy*
right, Canada, 1925.    (Print.)
Survey of the Rapids of the River S* Lawrence Between Prescott and Lake
S* Louis, made under the Instructions of the Commissioners of Public WorkiH
by Messrs Maillefert and Raasloff.    Submarine Eng™ in 1854.    Division  4.
From Pointe au Diable to Pointe au Moulin.    Comprising the Cedar RapidsS
G. Matthew's Litho:    Montreal.    (Print.)
A Map of part of the Province of Upper Canada shewing the proposeoM
route for a Canal to unite the waters of Lake Ontario with the Ottawa RiveS
from actual survey by order of the Commissioners  of Internal Navigation
appointed by His Excellency Sir Peregrine Maitland K.C.B. Lieutenant GovS
ernor &c, &c, &c under authority of an act of the Provincial Parliament.   Compiled by James Grant Chewett Draftsman.    1825.   Engraved and Printed by
Sam1 Maverick N. York.    (With Inset of Plan of Bytown)    The waters in the
Townships of Barrie Clarendon Kenebec Olden and Oso, are laid down from a
sketch by Mr Smith who traversed their course from the Marmora Iron WorlJH
to Lanark, he reports favourably as to the connection of these Waters by thej
south branch of the Mississippi, whence a communication may be had with th(J
Rideau.   Civil Engineer employed on these surveys Mr Samuel Clowes.   ScahJ
of Elevation & Distance, the same with the above Section taken from Mr Clowes
Report.   York Aug* 12th 1828.   J. G. C Inset-Plan of By-Town, and of the
Outlet of the Rideau Canal now in Progress, under the Direction of the Royal
Engineers 1828.   Width of Locks 33 Feet, Length 134 Feet.    (Print.)
Plan & Elevation of Bridges at the Falls of Chaudiere Erected in 1827
under the Superintendence of L* Coln John By Commanding Royal EngineeM
Rideau Canal. These Bridges are the first land Communication that has been
effected between the provinces of Upper and Lower Canada and will be the
means of causing the traffic from Kingston to Montreal to pass on the North
side of the River.   John Burrows D* Prov1 Surveyor.    (Col. Manuscript Copy.) REPORT FOR THE YEAR 19S6 XV
With a Correct Map of the City of Ottawa. Compiled from the Most
Accurate Surveys By W. A. Austin P.L.S., C.E. W.A. Austin & Co. Land
Agents Provincial Land Surveyors Civil Engineers etc. Ottawa C. W. Lithographed by J. Ellis, Toronto.   (Print.)
Plan of the City of Ottawa Compiled from the Best Authorities On a Scale
of 8 chains to an inch. By William Wagner, Civil Engineer & Provincial Land
Surveyor, Ottawa, August 1857. Inset: View of the Manufacturing Establishments at the Chaudiere Falls. Barr & Corss Engravers & Lithographers 46i
Yonge St. Toronto.    (Print.)
Diocese of Toronto. By Rural Deaneries. Compiled & Drawn by Arthur
IIIrd Bishop of Toronto, 1883.   Rolph, Smith & Co.   Liths Toronto.    (Print.)
Plan of the City of Toronto and Suburbs. Compiled, Drawn, & Published
by S.R.G. Penson, Toronto. Entered according to Act of Parliament of Canada,
in the year 1891, by S.R.G. Penson, Tor0 at the Department of Agriculture,
Ottawa.   The Burland Lith. Co. Montreal.    (Col. Print.)
Map of the City of Toronto showing Outlying Districts bounded on the
North by York Mills, On the East by Scarboro Township Line, and on the West
by Mimico.    1906.    Prepared by C. H. Macdonald.    Street Index.    (Print.)
Government Map of Part of the Huron and Ottawa.Territory Upper Canada.
Compiled under the direction of Thomas Devine, F.R.G.S. &c. Head of Surveyors Branch U.C. 1861. Rae Smith Engraver & Printer 71 Nassau St. N.Y.
(Col. Print.)
Rogers New Tourist Map of Muskoka Lakes. Compiled by Jno. Rogers.
1882. Entered according to act of Parliament of Canada, in the office of the
Minister of Agriculture at Ottawa, in the year 1882 by Jno. Rogers & Edward
Prowse.   Alexander, Clare & Gable, Lith. Toronto.    (Col. Print.)
Crown Land Survey of Canada. The HonDle P.M. Vankoughnet Commissioner. Topographical Plan of the North Shore of Lake Huron Shewing P. L. S.
Albert P. Salter's recent Survey. Engraved by Maclear & Co. Toronto. Compiled & drawn by Thomas Devine, Head of Surveys. Upper Canada. Crown
Lands Department Quebec 15th April 1860. P. M. Vankoughnet Commissioner
of Crown Lands.    (Print.)
Part of the North Shore of Lake Huron Shewing the New Townships Subdivided into Farm Lots. Engraved by W. C. Chewett & Co. Toronto, C. W.
Compiled & drawn under the direction of Thomas Devine Head of Surveys U.C.
Department of Crown Lands Quebec, January 1862.    (Col. Print.)
Plan of part of the North Shore of Lake Huron shewing the Subdivision of
the New Townships. Department of Crown Lands. The Honble Wm Mc-
Dougall Commissioner. W. C. Chewett & Co. Lith. Toronto. Department of
Crown Lands, Quebec, January 1863. Wm McDougall Commissioner. Examined
T. Devine Head of Surveys U.C.    (Col. Print.)
Map of North Shore of Lake Huron. Department of Crown Lands. Honorable E. J. Davis Commissioner 1900. The Copp, Clark Co., Limited, Toronto.
(Col. Print.) n   I
Map of the North Shore of Lake Huron, 1907. Honorable Frank Cochrane,
Minister of Lands Forests and Mines. E. H. Harcourt Co. Limited. Litho.
Toronto.    (Col. Print.) \    .
Plan of Manitoulin Island, from Straits of Mississagua to Manitouanmg
Bay (N. D.)  (Blue Print.)
Plan of the North Shore of Lake Superior 1863. Department of Crown
Lands. The Honorable Wm McDougall, Commissioner. W. C. Chewett & Co.
Lith. Toronto. Department of Crown Lands, Quebec, January 1863. Wm McDougall Commissioner.   Examined T. Devine, Head of Surveys, U. C.    (Col.
Map of Part of Northern Ontario, Showing the Northern Part of the District of Nippissing, Algoma  and Thunder Bay.   Compiled  from Surveys  4 xvi PUBLIC ARCHIVES
Explorations by the Department of Crown Lands and Surveys by the Geological
DePtmentofCanadaP 1901. Department of Crown Lands Honourable E. J.
Davis, Commissioner.   The Copp, Clark Co. Limited.   Litho.   Toronto.   J. F.
^^ftofiS^from^ron^to' the Archean-Paleozoic boundary on Hudson Bay
Slope To Accompany the Nineteenth Report of the Bureau of Mines, Ontario,
1910.' Willet G. Miller, Provincial Geologist.    W. R. Rogers, Topographer.
"profile of Temiskaming and Northern Ontario Ry.   From North Bay to
New Liskeard.   W. B. Russell, Chief Engineer. (Print) j>   -   ;  '
Coleman, Nipissing District, Ont. E. H. Harcourt Co., Limited, Litho.
Toronto.    (Print.) . _,
Provinces of Ontario and Quebec. Nipissing District Ont. and Pontiac
County, Que. (Lake Nipissing Sheet) Geological Survey of Canada. George
m Dawson, C.M.G., LL.D., F.R.S. Director. 1897. Compiled and drawn by
Scott Barlow assisted by L. N. Richard and C O. Senecal. Montreal Lithographing Co., Ltd. Accompanying Part 1, Vol. IX (New Series) Geologically ]
surveyed by A. E. Barlow, M.A.    (Col. Print.)
Map of the Northern Part of the District of Nipissing in the Province of  ;
Ontario.   1898.   Department of Crown Lands.   Honorable J. M. Gibson Commissioner.   The Copp, Clark Co. Limited Litho.   Toronto.    (Col. Print.)
Map of the Northern Part of the District of Nipissing in the Province of  ;
Ontario Department of Crown Lands.    1904.   The Copp, Clark Co. LimM Lith.
Toronto.    (Col. Print.)
Map of Part of the Districts of Nipissing & Algoma, Showing Townships
Surveyed near Lake Abitibi. Department of Lands, Forests & Mines. Hon.
Frank Cochrane, Minister, 1906. E. H. Harcourt Co. Limited, Litho. Toronto.
(Col. Print.)
Map of the Porcupine Gold Area. Districts of Sudbury and Nipissing,
Ontario. By A. G. Burrows, Geologist, and W. R. Rogers, Topographer. To
accompany the Nineteenth Report of the Bureau of Mines. Hon. F. Cochrane,
Minister of Lands, Forests and Mines. Willet G. Miller, Provincial Geologist.
E. H. Harcourt Co., Ltd. Litho.    Toronto.    (Col. Print.)
Map of Cobalt-Nickel-Arsenic-Silver Area near Lake Temiskaming, Ont.
To accompany Report of W. G. Miller. In Fourteenth Report of the Bureau
of Mines, 1906.   Thos. W. Gibson, Director.    (Col. Print.)
Map of the Swastika Gold Area. District of Temiskaming-Ontario-To
Accompany Report by E. L. Bruce in the Twenty-First Report of the Bureau of
Mines 1912. Hon. W. H. Hearst, Minister of Lands Forests and Mines. Willet
N    21fier' ?r°T' P^oIogist-   ComPilation by W. R. Rogers, Topographer.   Map
Map of District of Thunder Bay.  (In two Sections)  No Title.   (Col. Print.)
Geological Map of part of the North Shore of Lake Superior District of
lnunder Bay To accompany Report of H.L. Kerr in the Nineteenth Report of
PwS^h t-MmeXPu\&Tir?> I?}?' Hon- F- Cochrane, Minister of Lands,
&^t& <****   The C°PP <*"*
Ws °andMMm;,Byw^iiS+- JW9^ *» * Coo^TmlSroi Lands,
forests and Mines.   Willet G. Miller, Provincial Geologist.    (Col. Print.) REPORT FOR THE YEAR 1936 xvii
Map of Onaman Iron Ranges To Accompany Report on Iron Ranges East
of Lake Nipigon By E. S. Moore. 17th Report Bureau of Mines 1908. E. H.
Harcourt Co. Limited, Litho. Toronto.   (Col. Print.)
Part of North America Shewing the Geographical Features of the Country
and other Particulars Illustrative of the Matters in Controversy Between The
Dominion of Canada, The Province of Manitoba & The Province of Ontario
Prepared for the Government of Ontario at Stanford's Geographical Establishment, London.   1884.   (Col. Print.)
Map of Part of North America, Designed to Illustrate the Official Reports
and the Discussions Relating to the Boundaries of the Province of Ontario, and
shewing the Boundaries as settled by the Arbitrators, Viz: The Right Hon. Sir
Edward Thornton. The Hon. Sir Francis Hincks, and The Hon. Chief Justice
Harrison, On the 3rd August, 1878. Compiled under the Direction of the Government of Ontario, by Thomas Devine, F.R.G.S. &c. Deputy Surveyor General,
Ontario, 1878. Copp, Clark, & Co. Lith. Toronto. Wm Revell, Draughtsman.
(Col. Print.)
Prairie Provinces
Map of the Northwest Territories. Department of the Interior Canada
Honourable Charles Stewart, Minister. W. W. Cory, Deputy Minister. Natural
Resources Intelligence Service. F.C..C Lynch, Director. J. E. Chalifour, Chief
Geographer. 1929. The above information supplied through the Northwest
Territories and Yukon Branch. O.S. Finnie, Director. Compiled and drawn at
the Chief Geographers Office.   (Col. Print.)
Map showing Areas in the Prairie Provinces likely to be infested by Grasshoppers in 1935. Map compiled by The Division of Field Crop and Garden
Insects, Entomological Branch, Ottawa.    (Print.)
Plate No. 1. A Draught of Nelson & Hayes's Rivers. T. Jefferys Sculp.
(From: An Account of six years residence in Hudson's Bay 1733-1736, 1744-47.
London 1752.)    (Photostat.)
Plate No. II. A Draught of Churchill River. (From: Joseph Robson. An
Account of Six years residence in Hudson's Bay from 1733 to 1736, and 1744 to
1747.   London 1752, p. 8.)    (Photostat.)
Map to Accompany A Report on the Canadian Red River Exploring Expedition by H.Y. Hind. McClear & Co. Lith. Toronto. (Print.) (With many
manuscript additions and notes.)
Map of the Northern Part of the Lake of the Woods and Shoal Lake, Rainy
River District. Exhibiting the Country in the Vicinity of Rat Portage, Province
of Ontario.    1897.   The Copp, Clark Co. Ltd. Lith.   Toronto.    (Col. Print.)
British Columbia
The Gold Regions of the Fraser River, and Cariboo Country, British
Columbia, from reconnaissance by The Honble Judge Begbie, 1861. (Inset.)
Map of Fraser River District. British Columbia. From Survey of Lieut:
Palmer, R.E. and Lieut: Mayne, R.N., H.M.S. "Plumper" From London Public
Record Office, CO. Lib. Brit. Columbia N° 8/6.   (Col. Manuscript Copy.)
British Columbia. Sketch of Trail from Lytton, and Lillooet to Alexandria
and the Cariboo District. By Matt. B. Begbie, Judge of the Supreme Court
November. 1861. From London Public Record Office, CO. Lib. Brit. Columbia
N° 8/7. Immense snow Mountains from N.E. to E.N.E. as seen from the road
above Snow Shoe: one group E.N.E. 120 to 150 miles distant qur Rocky
Mountains? I estimate Antler town at 3500 f* above sea: and the trail to it
3000 f* higher. There are some patches of Snow on it all the year. From Beaver
Lake to beyond Keithleys. is one continuous dense grassless Mountainous forest,
about 5 or 6 days for loaded animals. Initw M.B.B. Endorsed:—Sketch of Trail
Lytton to Lilloet to Alexandria & the Cariboo District.   (Col. Manuscript Copy.)
40579-b xviii PUBLIC ARCHIVES
Eye Sketch of the Route from the Columbia River to Nisqually on Pugets
Sound    Henry I. Warre L* 14th Reg*.   London Public Record Office, F.0.5S
Vol. 457=M.P.K. 59.   Endorsed:—Route from the Columbia River to Pugets
Sound.   No. 2.    (Col. Manuscript Copy.)
Plan of Cape Disappointment.   Henry I. Warre L* 14th Reg1.—Endorsed :-M
Plan of Cape disappointment, Columbia River.   No. 1.   (Inset) Sections.   North
Bluff of the Cape from the anchorage in Baker's Bay.   South Bluff of the Cape
from McKenzie's Head.  London Public Record Office, F.O. 5.  Vol. 457=M.P.K.
59.    (Col. Manuscript Copy.)
Original karte von Vancouver Insel zur Ubersicht des Aufnahmen und
Forschungen im Innern von Rovert Brown 1863-1866.   Mit den Aufnahmen der
Engl.   Admiralitat vereinigt von A. Petermann.    Petermann's GeographischeB
Mittheilungen.  Jahrgang 1869 Tafel 1. Grav. v. V. Geyer.  Druck v. C. Hellfaith.1
Gezeichnet v. E. Debes.   Gotha: Justus Perthes.   1869.   (Col. Print.)
Sketch of Fort Vancouver, and adjacent Plains Lat. 45° 36' N. Long"6 122-371
W.   London, Public Record Office, F.O. 5.   Vol. 457=M.P.K. 59 Endorsed;—
Sketch of Fort Vancouver on the Columbia River.   No. 3.    (Col. Manuscript
Copy.)
Sketch of the Route from North Bentinck Arm to Fort Alexander. By lA&ibM
H.S. Palmer R.E. To accompany Report of 24th Novr 1862. With inset of Sketch
of the Head of North Bentinck Arm. Drawn by C. Sinnett RJJ. Prepared by
the Royal Engineers at the Office of Lands and Works New Westminster, by«
order of Col. R.C Moody R.E. &c. &c. Feb7. 1863. Lithd by W. Oldham R.E.
Endorsed:—in 11642/64. Inset:—Sketch of the Head of North Bentinck Arm.
London, Public Record Office, CO. Lib. Brit. Columbia N° 8/8. (Col. Manuscript Copy also Col. Print.)
United States and Mexico
Map of the Northern or New England States of America, Comprehending
Vermont, New Hampshire, District of Main, Massachusetts, Rhode Island, and
Connecticut. By J. Russell. London Published as the Act directs Feby 7, 1795
by H. D. Symonds No 20 Paternoster Row. (From: Winterbotham, An historical
view of the American United States. London, 1795. 4 vols. Vol. 2, p. 3) (Photostat.)
Caique pour la position du fort carillon (voir le con amerique Sept.)   Fromij
Paris, Archives Du Comite Technique Du Genie, Article 15—Section 3—Sans N°.
(Col. Manuscript Copy.)
Plan des retranchements en avant du Fort de Carrillon attaques le 8 juillet*
1758. par quinze mil Anglois defendus par trois mil quatre cent francoijj
Commondes par Mr 11 Mqnie de Montcalm M*1 des Camps et armees du RoyH
his* milit. Sieges N° 1 Guerre du Canada attaque des retranchements en avantj
du fort du Carrillon 8 juillet 1758. From Paris, Archives Du Comite Technique
Du Genie, Article 15—Section 3—Piece N° 1—(Col. Manuscript Copy.)
Plan des Forts de chouaguen et Ontario Le 29 juillet an 1756 N° 1 HistS
milite Sieges.   Plan des Forts de Chouaguen et Ontario et de lews Attaques le
12 Aoust 1756.   From Paris, Archives Du Comite Technique du Genie ArticlS
15.—Section 3—Piece N° 1—Chouaguen.    (Col. Manuscript, Copy.)     '
Histe milit Sieges. Plan des attaques du Fort de Niagara en Canada sur le
fleuve S* Laurent et le Lac Ontario: Ce fort a Ste attaque et pris par les anglois
dans la Derniere guerre achevee en 1762: No. 1, From Paris Archives3 du
Comite Technique Du Genie, Article 15—Section 3—Piece N° 1—Niagara (Col
Manuscript Copy.)
™ . Detroit, Michigan.   Plan of Detroit with its Environs.   By John Montresor
Chief Engr on Ye Expedn.    (Photostat.)
Map of the Southern States of America, Comprehending Maryland Virginia
Kentucky, Territory Sth of the Ohio, North Carolina, Tennessee Governmt. South'
-V REPORT FOR THE YEAR me xix
Cnr^V& (t0T^a"c By J- Russe11- London Published as the Act directs Jan.
10, 1795 by H. D. Symonds No 20 Paternoster Row. (From: Winterbotham
Vol. 3, p. 1.)    (Photostat.) '
An accurate Map of Louisiana, and the Territory in Dispute between the
English & French.    G.  Rollos Sculp.    Engraved  for the British Magazine.
(From: A letter to a great M r, on the prospect of a peace.   London, 1769,
p.2.)    (Photostat)
Map of the State of Kentucky; with the Adjoining Territories. By J
Russell, 1794. London. Published as the Act directs, Dec1 27, 1794. By H. D.
Symonds, No 20 Paternoster Row. (From: Winterbotham, Vol. 3, p. 124)
(Photostat.)
Map of the Middle States, of America, Comprehends New-York, New-
Jersey, Pennsylvania, Delaware, and the Territory N.W. of Ohio. By J. Russell.
London. Publish'd as the Act Directs Dec' 13, 1794 by H. D. Symonds, No 20
Paternoster Row.   (From: Winterbotham, Vol. 2, p. 282.)    (Photostat.)
A Plan of the several Villages in the Illinois Country, with Part of the River
Mississippi &c. by Tho" Hutchins. London Published according to Act of Parliament Novemb'y* 1st, 1778 by Tho8 Hutchins. (From: Hutchins, A topographical
description of Virginia London, 1778, p. 64.)    (Photostat.)
Map of the Country between Wills Creek and Fort du Quesne.   (From: A
letter to a great M r, on the prospect of a peace.   London, 1769.   p. 59.)
(Photostat)
Sketch of the Sources of the Mississippi River, Drawn from Lieu* Allen's
observations in 1832, to illustrate Schoolcraft's Inland Journey To Itasca Lake.
Le Count & Hammond Sc.   (Photostat.)
Sketch shewing the site of Oregon City on the Willamette River. Henry I.
Warre L* 14th Reg*—Endorsed:—Sketch of the Ground in the Vicinity of the
Willa Mette Falls, shewing the site of Oregon City, N° 4. London, Public Record
Office, F.O.5. Vol.-457.=M.P.K. 59.
Mapa de los Estados Unidos De Mejico, Segun lo organizado y definido por
las varias actas del Congreso de dicha Republica: y construido por las mejores
autoridades. Lo Publican J. Disturnell, 102 Broadway, Nueva York. 1847.
Revised Edition. Department of State—Map Series No. 5 (Publication No.
803.)    (Col. Print.)
Maps published by the Geological Survey of Canada
Provinces of Ontario and Quebec. Nipissing District Ont. and Pontiac
County, Que. (Lake Nipissing Sheet) (Geological Survey of Canada. George
M. Dawson, C.M.G., LL. D., F.R.S. Director. 1897. Compiled and drawn by
Scott Barlow, assisted by L. N. Richard and CO. Senecal.   (Col. Print.)
Province of Ontario. Districts of Algoma and Nipissing (Sudbury Sheet)
Geological Survey Department, Canada. Honourable Edgar Dewdney, Minister.
Alfred R.C Selwyn, C.M.G., LL.D., F.R.S. Director. 1891. Sheet No. 130.
(Col. Print.)
National Topographic Series, prepared by the Geographical Section of the
General Staff, and published by the Department of
National Defence
Sheet 21 E/4,       Province of Quebec, Coaticook.
Sheet 21 H/2,      Province of Nova Scotia, Berwick.
Sheet 21 S/W.      Province of Quebec, Megantic.
Sheet 30L/14,       Province of Ontario, Welland.
Sheet 30 M/14,    Province of Ontario, Markham.
Sheet 31 C/16,     Province of Ontario, Perth.
Sheet 31 F/I,       Province of Ontario, Carleton Place.
Sheet 31 F/14,     Province of Ontario, Pembroke. PUBLIC ARCHIVES
Province of Ontario, Kemptville.
Province of Quebec, Memphramagog.
Province of Quebec, Drummondville.
Province of Quebec, Vimy.
Province of Ontario-Quebec, Ottawa-Montreal.
Province of Ontario, Luean.
Province of Ontario, Guelph.
Province of Ontario, Conestogo.
Sheet 31 G/4,
Sheet 31 H/I,
Sheet 31 H/16,
Sheet 31 N/N.E.
Sheet 31 S/E,
Sheet 40 P/3,
Sheet 40 P/9,
Sheet 40 P/10,
National Topographic Series, compiled, drawn, and printed at the Office of the
Surveyor General, Ottawa, 1936
Sheet 21 1/N.W., Province of New Brunswick, Newcastle.
Sheet 21 1/S.W., Province of New Brunswick, Chipman.
Sheet 31 F/N.E., Province of Quebec, Fort Coulonge.
Sheet 31 J/S.E.,   Province of Quebec, Ste. Agathe.
Sheet 31 B/S.W., Province of Quebec, Oskelaneo.
Sheet 32 C/S.E., Province of Quebec, Doucet.
Sheet 32 G, Province of Quebec, Chibougamou.
Sheet 42 1/S.W., Province of Ontario, Blacksmith Rapids.
Sheet 52 H, Province of Ontario, Nipigon.
Sheet 92 L/7,       Province of British Columbia,  Nimpkish.
Sheet 268, Province of Saskatchewan, Carlton.
Topographical Maps received from Hydrographic and Map Service,
Department of Mines and Resources
Topographical Map of Nova Scotia. International Map of the World 1:
1,000,000 Nova Scotia North L. 20. Drawn and engraved in the Chief Geographer's Office, Department of the Interior, Ottawa, Canada, 1931. (Col.
Print.)
Topographical Map of New Brunswick.   Department of the Interior.   Hon. §
Thomas G. Murphy, Minister; R. A. Gibson, Assistant Deputy Minister.   Topographical Survey of Canada, New Brunswick.    Printed at the Office of the
Surveyor General, Ottawa, 1935.    (Col. Print.)
Topographical Map of Quebec. Tadoussac Sheet. Portions of Saguenay,
Chicoutimi, Temiscouata, Rimouski and Matane. Department of the InteriorS
Hon. T. A. Crerar, Minister; J. M. Wardle, Deputy Minister. Compiled and
drawn at the Chief Geographer's Office. Reproduced without revision, at the
Office of the Surveyor General, Ottawa, 1936, from the Chief Geographer's base
map.    (Col. Print.)
Topographical Map of Quebec.    Montreal and Quebec Sheet.    Standard!
Topographical Map.   Sheet 11.   Department of the Interior, Canada.  Honourable Charles Stewart,  Minister.    W.  W. Cory,  Deputy  Minister.    Natural
Resources Intelligence Service.   F. C. C. Lynch, Director.   J. E. Chalifour, Ghie|8
Geographer.    1928.   Compiled and engraved at the Chief Geographer's Office.
(Col. Print.)
Topographical Map of Quebec.   Montmagny Sheet.   Standard Topographical
Map.   Sheet 12.   Department of the Interior, Canada.   Honourable CharlefM
Stewart, Minister.   W. W. Cory, Deputy Minister.   Natural Resources Intelligence Service.   J. E. Chalifour, Chief Geographer.   F. C C Lynch, Superintendent.   1923.    (Blueprint.)
Topographical Map of Cameron Bay, Northwest Territories. Department
of the Interior. Hon. T. A. Crerar, Minister. J. W. Wardle, Deputy Minister.
Topographical Survey of Canada. Compiled, drawn and printed at the Office
of the Surveyor General, Ottawa, 1936, by the Geographical Survey of Canada.
(Col. Print.) REPORT FOR THE YEAR 1986 xxi
Topographical Map Belcher Islands, Northwest Territories. Department
of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy
Minister. Topographical Survey of Canada. Compiled, drawn and printed at
the Office of the Surveyor General, Ottawa, June, 1933, by the Topographical
Survey of Canada, from aerial photographs of the Royal Canadian Air Force
(Col. Print.)
In addition to the above, fifty topographical maps of townships and plans
of base lines in the Province of Manitoba, Saskatchewan and Alberta, were
received from Hydrographic and Map Service, Department of Mines and
Resources.
NORMAN FEE.
HISTORICAL RESEARCH AND PUBLICITY  DIVISION
I.  RESEARCH
During the year 87 investigations were made.
II.  PAINTINGS, DRAWINGS AND PRINTS
Pictures received: 296.
Volumes received: 10.
Pictures catalogued: 1,782.
III.  PHOTOGRAPHS AND PHOTOSTATS
Photograph negatives prepared and indexed: 157.
Photostat negatives prepared and indexed: 322.
This Division supplied, during the year, 304 photographic and 767 photostatic prints of material in the Public Archives.
An interesting and valuable addition has been made to our collection
through the acquisition of the negatives accumulated by the Topley photo,-
graphic firm during the fifty odd years in which it operated in Ottawa. The
largest part of the business was portrait work and the majority of the negatives,
of which there are about 150,000, are of portraits, including those of practically
every person politically or socially prominent in the capital from 1868 to 1926.
The remainder are excellent views of Canadian scenes and of interesting events
of the period.   In addition to the negatives there are thirty albums of prints.
IV. LANTERN SLIDES
Lantern slides loaned, 263.
JAMES F. KENNEY.
LIBRARY DIVISION
During the year there was a growing demand upon the services of the
Division of the Library. Inquiries were received from all the Provinces, from
many sections of the United States and from overseas countries as far away as
South Africa. Especially to be noted was the number of visitors who made
nersonal application for information relating to historical and constitutional
.questions in Canada.
Books and pamphlets, issued to students and members of the staff, numbered 8,670. This was exclusive of the large number of newspapers and
periodicals brought from the basement collections for use in the research room. xxii PUBLIC ARCHIVES
The routine work of cataloguing and indexing was maintained. More than
7,400 cards and slips were added to the Card Catalogue and to the Index of
current newspapers, magazines and reviews.
In the book and pamphlet collections there were 654 accessions.    Th|H
volumes purchased were selected mainly for the purpose of strengthening the
reference sections, and, in the case of new issues, with a view to keeping the
resources of the Library abreast of contemporary scholarship in the fields of
history and government, the constitution and international affairs.
More than 1,300 pieces in disrepair or need of permanent binding were sent
to the Bindery.
Assistance was given to students and other inquirers on the use of theB
Library's resources, and biliographies and memoranda, covering a wide range
of investigation, were prepared in numerous cases.
It is gratifying to report further evidence of recognition of the value and
importance of preserving historical materials in the gifts which continue to be
made from year to year to this Division of the Public Archives.
Presentations were made by the following:   Secretary of State, Henry B.
Shufelt, Mrs. Graham Bell, Sir J. H. MacBrien, Dr. R. H. Coate, Mrs. A. N.
McLeod, A. J. Wall, A. Fauteux, P. G. Roy, G. M. Matheson, Robert R. Brown,
Lord Thankerton, Miss Marie Tremaine, Mrs. Colin Campbell, O.B.E., LieutS
Col. Herbert Molson.
A. F. MACDONALD.
BINDERY DIVISION
Volumes bound  1,171 vols.
Requisitions for repairs       23   "
In progress various stages of binding  154   "
Manuscripts, approximately 8,600 repaired and bound into       43   "
Manuscripts, approximately 2,200 in progress       11    "
Militia General Orders bound       95   "
Militia General Orders in progress       20   "
Thompson's Journals (photostat copies) in progress       17   "
Maps, pictures and posters mounted on cotton  517   "
Archives Reports covered in manilla  267   "
Portfolios of various sizes       18
Tag folders for filing  1 Qio
Photostat maps assembled  337
Linen record supplied and cut  820 sheets
Linen record reinforced for filing  425 sheets
Mailing boards various sizes  179
JOHN B. NOBLE.
PHOTOGRAPHIC DIVISION
Photograph negatives  399
Photograph prints j| '' \\ 419
Photostat prints ".".'.*. .". \\       ..  12 264^
O. ST. AMOUR. REPORT FOR THE  YEAR
DONATIONS
The following list includes only donations by private persons.   For these
however, as well as for records transferred from branches of the Federal Government, the thanks of the Department are gratefully offered.   Gifts of manuscripts
are acknowledged in the report of the Manuscript Division.
Agriculture, Deputy Minister of:   A Tribute to Dr. William Saunders bv the
Hon. W. R. Motherwell.
Ami, Mrs. H. M.: Report on Canadian Archives, 1886.   (Ottawa: 1887.)
Bailey, A. H.:  Paper by Sir Arthur Doughty on the History of Flour Milling
in Canada.
Beach, M. W.:  Medals of Lieut. Colonel L. W. R. Mulloy.
Bell, Mrs. Graham:    The General Almanack of Scotland and British Register
for 1818.   (Edinburgh.)   Suede et Norvege, par M.Ph. Le Bas.  (Paris,
1838.)  The Topographical, Statistical and Historical Gazeteer of Scotland.
2 volumes.   (Glasgow: 1844.)   The Dominion Annual Register for 1878.
(Montreal: 1879.)
Physical Atlas with Coloured Maps, showing the Geographical Distribution of Plants yielding Food; Climates; Flora; Soils; Regions of Summer
Rains; Geological Formations and Hydrography  of the Dominion of
Canada, by J. Beaufort Hurlbert.   (1880.)
Department of the Interior Atlas of Canada, revised edition.    (Ottawa:
1915.)
Winnipeg Free Press, article from the Magazine Section of 27 Feb. 1932,
by C N. Bell, on Reconstructing Fort Gibralter.   Ruins of Fort Selkirk,
1887.    (Photograph.)    Deputy   heads   of   Departments,   Ottawa,   1892
(Photograph.)
Fort Garry, 1869, by L. Sissons.   (Painting in oils.)
Parliament Square, Ottawa, 1879.   (Lithograph.)   Album of photographs
of Lethbridge and district. Two items of Indian handicraft.
Bell, Miss Sarah Dobie:   Stereoscopic view of the Prince of Wales  (Edward
VII)  and party at Niagara Falls, 1861.
Bloud et Gay, Librarie:    Les Missions Histoire de Vexpansion du Catholicisme
dans le monde, par Mgr. Armand Olichon.   (Paris: 1936.)
Bonar, Dr. James:   International Affairs, vol. XIV( no. 1 to vol. XV, no. 5.
Bulletin of International News, vol. XII, no. 1 to vol. XIII, no. 7.
Other reports published by the Royal Institute of International Affairs.
Cahan, Hon. C H.: Address before the Young Men's Canadian Club, Montreal,
24 March, 1936.
Campbell, Mrs. Colin H.:  Anson Buck, M.D., M.R.C.S.   {Eng.), 1833-1919.
A Sketch, by S. H. Corrigan.    Reprint from Canadian Medical Association Journal, (1936.)
Canadian Legion: The Epic of Vimy, ed. by W. W. Murray.   (Ottawa.)
Canadian National Railways: Vancouver, British Columbia, Canada, Golden
Jubilee, 1886-1936.    (Poster.)
Carnegie Institution of Washington:    Letters of Members of the Continental
Congress, et. by E. C. Burnett, vol. VIII.    (Washington: 1936.)
Carr, Mrs. Amy: A view of Farmer's Rapids on the Gatineau, by Mrs. J. B.
Simpson.    (Water colour.)
Brant's seal.
Two items of Indian beadwork. xxiv PUBLIC ARCHIVES
Carswell Company: Check List of the Statutes of the Dominion of Canada, the
Provinces, the Earlier Legislatures and Newfoundland.   1758-1908.
Bibliography of Quebec or Lower Canada Laws, by C R.  Brown, f
Reprint from Law Library Journal, volume XIX.
Cartwright, Miss Harriet E.: The Right Hon. Sir Richard Cartwright, G.CM.Oj
by H. Sinclair Goodwin.    (Painting in oils.)    On loan.
Casselman, Dr. A. C: Some Memorials of the Honourable John Richardson.
Chapman, A.: Cairn erected July, 1933, Yorkton, Saskatchewan to the Pioneer
Settlers.    (Photograph.)
Clements Library, Ann Arbor: Map of Detroit and its environs by John Mon-
tresor.    (Photostat.)
Coffin, A. R.: The Weekly News (Truro, N.S.), 1933-35.
Davy, R. A.: Short Sunday Services for Travelling Parties. 2nd edition. (Montreal: 1877.)
Doughty, Sir Arthur G., K.B.E., C.M.G., late Dominion Archivist Emeritus:!
A considerable number of books, pamphlets, pictures, etc.
Fair, Miss Louisa Margaret: Items of early Canadian furniture.
Fetherstonhaugh, Mrs. F. J.: Articles of uniform of Lieut. General Sir Gerald
Graham.
Fitzgerald, Miss P.: Simeon Perkins' house, Liverpool, N.S.    (Photograph.)
Foran, Mrs. T. P.: Plan of the City of Ottawa, by William Wanger, 1857.
Map of the city of Ottawa, by W. A. Austin.
Frechette, Howells: Uniforms of Captain Edmond Frechette, N.W.M.P. 1877-80.
Greene, Mrs. Gerald: Tunic of Wing Commander W. G. Barker, V.C
Harris, Miss Linda S.: The Boston Gazette, 12 March, 1770.    (Facsimile.)
London poster announcing the death of Queen Victoria.
Holmes, Miss Alice S.: James Yates Egan.    (Photograph.)
Hopkins, Miss A. M.: Sketch book by Mrs. F. A. Hopkins, 1865. (Water
colours.)
Howe, Hon. C. D.: The Welland Ship Canal between Lake Ontario and Lake
Erie, 1918-1932, reprint from articles by Major P. J. Cowan.    (London: I
1935.)
James, Fred: Tuning forks of Madam Albani.
Kamal, Prince Youssouf: Monumenta Cartographia, Africae et Aegypti, fascicule 5, tome III.
Kelly, Very Rev. Canon A. R.: St. Matthews' Bulletin, 21 June, 1936.
Kerr, Misses and Admiral Sir Mark: A Map of the Province of Upper Canada,
compiled by J. G. Chewett.
Map of part of the Province of Upper Canada, compiled by J   G.
Chewett, 1825.
Kinnear, Miss M.: Residence of Cornelius Krieghoff, Quebec.    (Photograph.)
Cottage of Bishop Charles Inglis, Aylesford, N.S.    (Print.)
Three water colours by Major General R. W. Rutherford.
Murphy, Miss Blanche: Canadian Convalescent Home for British and Canadian Officers in France.
Murray, Hon. Arthur Cecil: The Sentence of the Court-Martial, Held at the
Horse-Guards, For the Trial of the Hon. Lieut. Gen. James Murray .
(London: 1783.)
National Archives, Washington: Speech of the Hon. Clifton A. Woodrum in the
House of Representatives, 13 March, 1935.    (Washington: 1935.)
Radio address of Dr. R. D. W. Connor, Archivist of the United States,
11 March, 1935. REPORT FOR THE YEAR 1986 xxv
Niven, Lieut. Colonel H. W.: Portrait of Sergeant Robert Spall, V.C   (Photograph.)
Nova Scotia, Public Archives of: A Calendar of Official Correspondence and
Legislative Papers, Nova Scotia, 1802-1815.    (1936.)
Nute, Miss Grace Lee: The Care and Cataloguing of Manuscripts, Saint Paul,
1936.    (Mimeograph pamphlet.)    Guide to the Personal Papers in the
Manuscript Collections of the Minnesota Historical Society.    Copying
Manuscripts.
Patterson, F. H.: Old Cobequid and its Destruction.
Pell, S. H. P.: Reproduction of a military saddle of 1812.    (Photograph.)
Perley Home, Ottawa: Desk formerly used by Sir John A. Macdonald.
Postmaster General,  Ottawa:   Mackenzie River District, Air Mail Services.
(Photograph album.)
Chess set of General Sir John Hale.
Lands and Forests, Department of, Quebec: Two maps of part of the Township
of Hull, Quebec, based on surveys of 1801-1802.
Congress, Library of: Journals of the Continental Congress, 1774-1789 (Washington).   Vols. 10, 26, 27, 32 and 33.
Loye, John, Chairman, Canadian Railway Centenary:   Official Seal of the
Champlain and St. Lawrence Railway Company.
Lydekker, John W.: The Archives of the S.P.G., by J. W. Lydekker.
McLennan, Francis: Plan and Elevation of Bridges at the Falls of Chaudiere,
1827.
Mabee, G. E.: Poster of Company F, 97th Regiment, Indiana Volunteer Infantry.
Machinac Island State Park Commission: Restoration of Fort Holmes, Machinac
Island, 1936.
Magrath, C. A.: The Gaits Father and Son, Pioneers in the Development of
Southern Alberta.
Malchelosse, Gerard: Le Regiment de Carignan, by G. Malchelosse.
Maurault, Rev. Olivier: Photographic portrait of himself.
Mitchell, H., M.P.: The Montreal Witness, 1st May, 1877.
Molson, Herbert: The Molson Family, by B. K. Sandwell, privately printed.
(Montreal:  1933.)
Munro, Wm. B.: Forty Years On, 1896-1936, A Historical Record of Arts '96,
Queen's University.
Prowse, G. R. F.: Cartological Material, Vol. I, Maps, 1936, by G. R. F. Prowse.
Routhier, J. S. J.: Five miscellaneous medals and awards.
Roy, Edgar: The Graphic.   Queen Victoria's Diamond Jubilee number.
Shufelt, H. B.: The Census of 1861, by John Langton.
Petition of the Natural History Society of Montreal, 7th March, 1810.
Four acts of the province of United Canada.
Proceedings of the first meeting of the G.T.R. Co., 27th July, 1854.
Minutes of a Conference of Bishops of Quebec, Toronto, etc., Montreal,
1852.
Proceedings of the Conference of the Bishop, Clergy and Laity, Montreal,
1856.
Discourse delivered in St. George's Chapel, Montreal, by Rev. Canon
Leech, 1861.
The Night of Death: A Sermon, by Rev. Wm. Snodgrass, Montreal, 1860.
Fourth Report of the Bible-Women, Montreal, 1864.
Report of the Montreal Y.M.C.A., 1864.
Smith Miss E. A.: Bust of Justice Thomas Chandler Haliburton. xxvi PUBLIC ARCHIVES
Smithsonian Institution: The Troy ville Mounds, Catahoula Parish, LouisanqM
by W. M. Walker.
State, Department of the Secretary of, Library of: The City of Toronto and
the Home District Commercial Directory and Register with AlmanacM
and Calendar for 1837.    (Toronto: 1838.)
Statistics, Library of the Bureau of:   Cinquant' Anni di Evoluzione Delle
Costruzioni  Idrauliche,  Dei  Motori  Primi,  Delle  Macchine   e  Dellei
Condutture Elettriche,   4 vols.    (Milano: 1934.)
Steeves, H. B.: George McCall Theal, by Helen Harper Steeves.   Dalhousie
Revue, July, 1936.
Stewart, Mrs. P. Malcolm: Portrait of Admiral Sir Charles Saunders, K.C.B.,
by Richard Brompton.   (Painting in oils.)
Thankerton, Lord: The Quebec Gazette, vol. I, no. 1, 21st June, 1764.
Tremaine, Miss Marie: At The First Court of Quarter-Sessions Of the Peace,
Held at Quebec, in October, 1764.    (Photostat.)
Trial of Daniel Disney, Quebec: 1767, pp. 45-46.    (Photostat)
Memoire en Reponse a Vecrit public, De Me Panet. . . contre Pierre^
Ducalvet de Montreal, 1778.   (Photostat.)
Projet D'Acte ou d'Ordonnance Pour la mailleure Administration de la
Justice. . . , 1787.   (Photostat.)
Memoire en Cassation du Testament De Mr. Simon Sanguinet, 1790.
(Photostat.)
Turner, J. P.: Buffalo Days on Red River, offprint from Canadian GeographicaJB
Journal, Feb., 1934.
Ussher, H.: Three prints of canoes.    (Lithograph.)
Way, Donald L.: Old Fort Henry at Kingston, Ontario, 1936.    (Leaflet.)
Webster, Dr. J. C: The Siege of Beausejour in 1755, by Jacau De Fiedmont,
edited by Dr. J. C Webster, Saint John, N.B., 1936.    (Pamphlet)
Fifty paintings by Charles M. Lefferts from his Uniforms of the American,
British, French and German Armies in the War of the American
Revolution, 1775-1788, New York, 1926, edited by A. J. Wall.
Whitelaw, Dr. W. M.: Block House at Merrickville, Ontario.    (Photograph.)
Wooding, H: Social Credit Tribune, 30th April, 1936. APPENDIX
Calendar of State Papers Addressed by the Secretaries
of State for the Colonies to the Lieutenant Governors
or Officers Administering the Government of the
Province of Upper Canada, 1836-1838
(A continuation of the Calendar for 1796-1835 which appeared in
the Annual Reports for 1933 and 1935) PUBLIC ARCHIVES
G. 76
G. 76 (1836)
Glenelg to Head. No. 7. Stating that Ordnance represent that
the large arch of the bridges over Ottawa River at Chaudiere Falls:
is in a dangerous state, and that, as no military purpose is served
by these bridges, and as the cost of repairs will exceed tolls collected
for some time to come, they no longer intend to provide for their
maintenance. It is directed that the subject be laid before theY
Legislature. P- •*•
Glenelg to Head.   No. 8.   Transmitting copy of memorial from
William Allison [Harry Alison], late of the 90th Regiment, respecti|B
a grant of land to which he supposes himself entitled, and requesting
that he be given such answer as the circumstances warrant. p. 4|.
Enclosure:—
Alison to Secretary of State.
(Copy.)
p. 7
Report of J. Radenhurst on case of Harry Alison. Sets forth
that the grant was made in 1833 and no further claim exists. Trans^
mits copy of letter of Alison on the subject. p. 11
Enclosure:—
Alison to Rowan. (Copy.) Requesting that a patent for the
original grant be issued, as under order of 1819, and free of fees.   p. 1SH
Glenelg  to  Head.    No.  9.    Stating  that,  having  considered
Colborne's despatch No. 28 of June 3, he regrets that, for reason™
given, he cannot comply with the application of Dr. Phillips, late
Vice-Principal of Upper Canada College, for a retiring allowance!
of £100 per annum. p. 16
Glenelg to Head. No. 10. Respecting the liquidation of claims
for losses sustained by Upper Canadians in War of 1812.
Noting the frequent addresses from the Legislature to H.M.'s
Government, and the lengthy correspondence, he observes that byl
1834 considerable progress in settling the claims had been made by
grants borne equally by the British Treasury and the ProvineaH
Government, aided by the sale of forfeited estates.   The total claims
had been reduced from £182,180 to about £57,900.    To meet tiJH
latter amount, the British Government had proposed that the Pro^
vincial Legislature should provide £20,000 and that the British Government should grant an equal amount from Casual and Territorial
Revenue, and that when the £40,000 had been paid, application would
be made to Parliament to make up the sum remaining due.    This
proposition was not accepted by the Legislature.   Although ColonlM
Secretary might feel warranted in leaving the proposition as it standM|
the Lieut. Governor is instructed to inform the Assembly of the
willingness  of the British Government, if Assembly approves, to
apply £20,000 immediately out of accumulated surplus of Casual and
Territorial Revenue.   This proposal is not intended to interfere with
negotiations in respect to that revenue, but is designed to meet cases
of individual financial embarrassment.    The plan proposed in 1834
still stands for acceptance by the Legislature. p. 19
Glenelg to Head.   No. 11.   Acknowledging despatch No. 61 of
and  transmitting   copies   of   Parliamentary   reports   (on
Nov.   4,
Education, Chancery, Asylums, etc.) applied for by Mr. Duncombe,
one of the commissioners appointed by the Assembly. p. 30 G. 76 REPORT FOR  THE  YEAR 1936 40
Glenelg to Head.   No. 12. 1836
■ I have the honor to inform you that I have recently had under Downing st.,
my consideration the subject of the Expenditure incurred by thisJan,M-
Country on account of Indians in the Province of Upper and Lower
Canada. My attention has at the same time been directed to a
Resolution adopted during the last Session of Parliament by the
Committee of the House of Commons on Military Expenditure in
the Colonies—the terms of which Resolution were as follows:—
"Resolved That the Committee are of opinion from the Evidence
I taken and to which they refer that the Indian Department may be
"greatly reduced, if not altogether abolished, and they, therefore,
I call the attention of the House to the same, and also to the expense
I of Articles annually distributed to the Indians, and whether any
| arrangement may not be made to dispense with such distribution in
"future, or to Commute the presents for Money." With reference
to this Resolution I proceed to Communicate to you the views which
I have been led to adopt by an examination of all the information
recorded in this Department on the subject to which it relates.
The annual expenditure incurred by this Country on account of
Indians in Upper and Lower Canada has been limited since the Year
1830 to £20,000. Of this Sum £15,850 has been considered applicable
to the purchase of Presents, and £4,150 in the Pay and Pensions of
the Indian Department.
Deferring for the present any observation on this latter branch
of the expenditure I feel bound after much consideration to express
my opinion that the time is not yet arrived at which it would be
possible, consistently with good faith, altogether to discontinue the
Annual Presents to the Indians. It appears that although no formal
obligations can be cited for such issues there is yet ample evidence
that on every occasion when this Country has been engaged in War
on the North American Continent the Cooperation of the Indian
Tribes has been anxiously sought, and has been obtained. This was
particularly the Case in the Years 1777 and 1812, and I am inclined
to believe that it is from these periods respectively that the present
Annual Supplies date their Commencement. But without attempting
to pursue that enquiry it is sufficient to observe that the Custom has
now existed during a long series of years—that even in the absence
of any original obligation a prescriptive title has thus been created—
that this title has been practically admitted by all who have been
officially cognizant of the matter, and that all agree in stating that
its sudden abrogation would lead to great discontent among the
Indians, and perhaps to consequences of a very serious nature.
Of the Sum expended in Presents there is, however, a portion .
which would appear to be placed under peculiar Circumstances. It
has often been represented, and lately on official authority, that of
the Indians who receive Presents from the British Government a
Considerable number reside within the United States, and only resort
to Canada at the periods of issue. The number of these Indians in
Upper Canada is said to be 4,000. or about one fourth of the whole.
I have to request that you will direct an immediate enquiry to be
made into the truth of this Statement, and that you will ascertain
and report to me under what arrangements or conditions such Persons
have hitherto received Presents—at what period their change of
domicile took place—how far the faith of this Country is pledged to
them—and whether any bad consequences are to be apprehended
from the  discontinuance   of their  Supplies.    While,  however,  my
40579—1J
L PUBLIC ARCHIVES
G. 76
present information leads me to believe that the immediate or early
discontinuance of the Annual Presents to the Indian Tribes residing
within the British Provinces without a Commutation would be unjust
and impolitic, I am by no means prepared to admit that they should
be indefinitely perpetuated, and I have to request that you will direct
your early attention to a consideration how far it may be practicable
Consistently with good faith and sound policy gradually to diminish!
their Amount with a view to the ultimate abrogation of the existing::
Custom.—
Closely connected with this enquiry is the second suggestion of
the Committee of the House of Commons which I have quoted above,
viz* that the Presents should in future years be commuted for Moneys
payments. The possibility of such a Commutation has already at a
former period been under the Consideration of the Secretary of Statejf
but the information regarding it in this Department is apparently
of too contradictory a nature to admit of my pronouncing any decided
opinion upon it.—In July 1827 a similar measure was proposed to;
Lord Dalhousie by the Earl of Ripon.—Lord Dalhousie's objection
to it was, however, very decided, and was expressed in terms whicfc
it would scarcely be possible to strengthen.—" The idea, he observes,
I of proposing to the Chiefs of Tribes to convert the payment of
| Presents or other Tribute to them into Money would be received
"with the utmost alarm. His Majesty's Government would be:;
I loaded by the execration of the Country were they to pay in Money|
" to Indians the large Sums due to them by bargain, or by Custom
" long established. All the Societies labouring for the moral and
" religious improvement of the Indians would fly to H.M. Government
"to implore a recall of the Order."—Sir James Kempt in the Year
1829 confirmed the sentiments of his predecessor, although in less
forcible terms. He stated that " it would be unwise to place at theif?
" disposal any Commutation in Money for those Presents, of which
" they would in all probability make an improper use." In deference
to these opinions the idea of commuting the Presents for Money
appears to have been at that time abandoned.
I am not disposed to question the accuracy under then existing
circumstances of the opinions expressed by Lord Dalhousie and Sir
James Kempt.—On the Contrary I think it probable that at the date
of their despatches such consequences might have followed from
Money payments to the Indians. But since that time considerable
progress, I have reason to believe, has been made in the Settlement
and Civilization of the Tribes, and it has been stated by persons to
whose experience it is impossible not to defer that it would be very
advantageous to them to receive, in Money, a proportion of the
Annual issues. I have, therefore, thought it advisable again to bring
the subject under the Consideration of the Lords Commissioners of
the Treasury, and I have obtained their Lordships' sanction to a
Commutation of the usual Presents for Money, provided that no
stock of the Articles already consigned to the Province remains on
hand, and that the reductions which have been effected, or which
are in progress, be steadily kept in view. If, therefore, you should
upon investigation find reason to conclude that the well-being of the
Indians would be promoted by substituting an equivalent in Money
in lieu of the Articles at present issued or of a portion of them, you
will consider yourself at liberty, subject to the restrictions above
mentioned, to effect such a Commutation. It will be for you to judge
whether this arrangement should be confined to the Tribes which are G. 76
REPORT FOR  THE  YEAR 1936
settled on the land—or whether an attempt should be made to extend
it also to those who still retains {sic) the habits of savage life. With
respect to the latter there might still be some danger of the consequences anticipated by Lord Dalhousie. Assuming this to be a
question of good faith it seems indispensable that the arrangement
should be made only with the free consent and concurrence of the
Indians themselves signified by their Chiefs, and that they should
feel that their interests have not been overlooked or sacrificed in
forming it.
jj Looking, however, to the moral and religious improvement of the
Indians, and their instruction in the Arts of Civilized life, as the
principal object to be kept in view in our intercourse with these
Tribes I am anxious that your enquiry should be specifically directed
to the practicability of effecting a Commutation of the Presents for
some object of permanent benefit & utility to the parties now receiving
them. It was with this motive that Agricultural implements have of
late been included among the Presents, but I hope it may be possible
to carry the principle into more extended operation. From the
reports in this Department it appears that not only among the more
civilized and settled Tribes, but even among those inhabiting the '
remote Districts of Canada, a strong desire for knowledge has recently
been evinced. In Upper Canada Schools have been established by
Societies and by private individuals, and are said to be well attended.
These circumstances, combined with the general docility of the Indian
Tribes, lead me to hope that a scheme of a more general nature would
not fail of ultimate success. I cannot, of course, pretend to enter
into the details of such a scheme: It is sufficient for me to impress
upon you the readiness and the anxiety of His Majesty's Government
to cooperate to the utmost of their power in its promotion. With this
view they are prepared,—should you think such a measure practicable,
and if the consent of the Indians can be obtained to it,—to sanction
the application of at least a portion of the Sums now expended in
the purchase of Stores and Presents, to the erection of School Houses,
the purchase of elementary Books, and the payment of Resident
Schoolmasters for the benefit of the Indian Tribes: nor, if so important
a Commutation could be effected, would they think it necessary to
postpone its Commencement from any Considerations of economy in
regard to Articles which may have been already consigned to the
Colony for distribution, and which might in such a case remain
on hand.
Upon this subject, however, I shall be anxious to receive from you,
at as early a period as possible, such suggestions as the means of
information within your reach may enable you to offer for the guidance,
of H.M. Gov*—
It remains for me now to notice the Expenditure on account of
the Indian Department. Of this I do not hesitate to express my
opinion that it bears an undue proportion to the whole amount of
Expenditure under consideration. It amounts in Upper Canada to
£2329. .10.. while the whole Sum appropriated to Disbursements on
account of Indians in that Province is £14,000—Of this amount of
£2,329.-10—£572. is for Pensions, and £1,757.. 10— for Salaries to
Officers, the object of whose Appointment is the maintenance ot the
Connexion with the Indians and the distribution of the Annual
Presents. From the Evidence adduced before the Committee ol the
House of Commons on Colonial Military Expenditure it would appear
that the duty of distributing the Presents, even if that system should PUBLIC ARCHIVES
G. 76
be maintained, might be wholly performed by the existing ComnuV;
sariat Establishment in Canada. If the distribution of Presents be',
not Continued, Whether by reason of their Commutation for Money
or of the application of the price of them to purposes connected with
Education, the Services of the Indian Department might still more
easily be dispensed with. In this branch of the Expenditure I am
inclined to think that an extensive reduction might immediately take;
place, and with this view I am anxious to direct your early and
particular attention to the Subject. I would suggest that you should
call upon Mr Commissary General Routh to report to you upon this!
branch of the question. The attention which that Gentleman hasf
devoted to the whole subject—the ability with which his Reports to
the Lords Commissioners of the Treasury have been drawn up, and?
the suggestions which he has already made of reductions in thet
Annual Expenditure, must entitle his opinion to Considerable weight.
In reporting upon this branch of the enquiry you will furnish me with'
requisite information as to the length and nature of the Services of the
individuals now on the Establishment of the Indian Dep* with aJ
view to the consideration of any claim which they may have to
remuneration in the event of their Services being discontinued. In
the mean time you will not consider yourself at liberty to fill up any
vacancy which may occur in the Establishment. As it is not possible
that I should receive your Answer to this Despatch before the period
at which it will be necessary to lay upon the Table of the House of
Commons the Colonial Estimates for the Year 1836-7, it is not my
intention to make any reduction in the Sum to be required for thet
ensuing Year. But it will at the same time be distinctly intimated^
to the House of Commons that the Vote is only taken provisionally—I
that steps are in progress for ascertaining the practicability of
immediate reductions in the Expenditure on account of Indians, and
that H..M. Gov*- entertain a confident hope that they will not be
compelled in future Years to make so large a demand for this service
upon the liberality of Parliament." p. 32
Glenelg to Head. No. 13. Stating that he had received, through
Sir R. C. Ferguson, a memorial from Lt. Colonel Cameron, late of
79th Highlanders, praying that an exception might be made in his
favour from the rule precluding those who had quitted the army from'
advantages in the acquisition of land, and directing that Colonel
Cameron be informed that Government cannot change its decision
communicated to him by Colonial Office on April 30. p. 71
Duplicate of preceding despatch. p. 74
Glenelg to Head. No. 14. (Duplicate.) Acknowledging despatch No. 66 of Nov. 16, and stating that, as the only fund from
which St. Andrew's Church, Toronto, could receive the assistance
desired, is the Casual and Territorial Revenue, and that Revenue
being the subject of communications pending with Provincial Legislature, he regrets his inability to meet the application. p. 77
Glenelg to Head. No. 15. Stating, with reference to his despatch of Dec. 30, that War Office has consented to pay the salary of
Lieut. Governor's aide-de-camp, but the arrangement is provisional
and may be terminated at any time. p. 81
Duplicate of preceding despatch. p. 83 G. 76
REPORT FOR THE YEAR .
Glenelg to Head. No. 16. In connection with earlier correspondence respecting certain unclaimed Prize Money in the hands of
James Gordon, Paymaster of 1st Regiment of Essex Provincial
Militia, transmits a letter from Treasury desiring further information.
p. 85
Enclosure:—
A. Y. Spearman to Grey. (Copy.) p. 87
Duplicates of preceding despatch and enclosure.
p. 90
Glenelg to Head. No. 17. Transmitting, with reference to
Colborne's despatches of May 2, 1834 and Jan. 3, 1835, copy of a
letter from Treasury announcing the relinquishment of the claim of
Government against the Lanark settlers. p. 96
Enclosure:—
Francis Baring* to Grey.   (Copy.) p. 98
Duplicates of preceding despatch and enclosure. p. 100
Glenelg to Head. No. 18. Stating he has received a memorial,
with enclosure, from Alexander Ferguson, late corporal in Royal
Artillery, claiming certain arrears of pension, and that as the case has
twice been dealt with adversely by Ordnance he cannot interfere.
p. 104
Enclosure:—
Byham to Ferguson. p. 107
Treasury
Chambers,
Jan. 26.
Downing St..
Feb. 3.
Downing St.,
1835
Office of
Ordnance,
Duplicate of preceding despatch.
p. 108D
Glenelg to Head.   No. 19.   Stating that he had received a letter Downing st.,
from Rev. W. Leach, minister  of St.  Andrew's Church, Toronto,Feb-7-
applying for assistance towards expense of erecting a church, and
requesting that Mr. Leach be informed in terms of despatch of
Jan. 20. p. HI
Duplicate of
ing despatch.
p.   114 Downing S1
Glenelg to Head. No. 20. Acknowledging Colborne's despatch Downing st.,
No. 78 of Dec. 28 in which he reported the trial and conviction 0fFeb-10-
John McAuliffe for murder. In conformity with Colborne's advice
the case was referred to the Solicitor and Attorney General for their
opinion on the objections which have been made to the lawfulness of
the conviction. Under the circumstances of the case H.M. authorizes
that the prisoner be apprized that if the sentence of death be passed
it will be commuted to some other punishment. p. 117
Glenelg to Head.   No. 21.   Acknowledging despatch No. 76 of Downingst.,
Dec. 23, with copies of two letters from the Anglican Bishop ofFeb-12-
Quebec reporting certain casualties among the missionaries in Upper
Canada sent out by the Society for the Propagation of the Gospel.
p. 122
»Francis Thornhill Baring (1796-1866), Lord of the Treasury Nov. 1830 to June 1834, joint
Secretary June to Nov. 1834 and 1835-1839, Chancellor of the Exchequer 1839-1841, First Lord
of the Admiralty 1849-1852. He succeeded his father in the baronetage in 1848, and was created
Baron Northbrook in 1866. PUBLIC ARCHIVES
1836
Downing St.,
Feb. 12.
1836
DowningSt.,
Feb. 10.
Duplicate of preceding despatch.
p. 123
Glenelg to Head. No. 22. Acknowledging despatch No. 5 of
Jan. 15, with copy of Colborne's speech on the opening of the Legislature on Feb. 14. P- 124
1836
DowningSt.,
Feb. 25.
Duplicate of preceding despatch.
p. 125
Glenelg to Head. No. 23. Transmitting, in connection with his
despatch to Colborne (No. 14) of June 15, 1835, copies of correspondence with Daniel Jones, who was delegated to procure assent to a
bill for establishment of the Upper Canada Life Insurance and Trust"
Company, passed in April 1835, and reserved by the Lieut. Governor;
It will show that, pending reference to the Provincial Legislature,'
Colonial Secretary could not advise assent to the bill. States certain^
considerations which should be referred to the Provincial Law-:,
Officers. P- 127
Enclosures:—
(1) Jones to Glenelg. (Copy.) Acknowledges letter from Grey
with enclosed copy of Glenelg's despatch to Colbome of June 15.
Encloses copy of the objections to the U.C. Life Insurance bill (givenf
him with some hesitation by the Lieut. Governor), and draws attention*:
to the memorandum in the margin which answers the first objection.'
He will without delay prepare answers to the other points raised by
the Colonial Secretary. p. 134
(2) Grey to Jones. (Copy.) Acknowledges his letters of Nov.
1835. Colonial Secretary admits that much weight is due to many
of the considerations urged. The matter has been referred back for|
consideration and final decision of the local Legislature. p. 137J
(3) Jones to Glenelg. (Copy.) Questions whether Lieut. Governor will assent to the bill if passed by Assembly and rejected by
Council. Fears that Council will refuse to pass a new bill. Expresses:
gratitude at personal treatment from Colonial Secretary but hopes to
obtain " some mark of your Ldship's Confidence". p. 144
(4) Grey to Jones. (Copy.) Colonial Secretary cannot give any
more specific answer on this subject. Parties interested can trust in
the discretion of the Governor and the regard of Council and Assembly
for the public interest. Refers him to a previous letter (enclosure in
Glenelg to Head, No. 25) for reply to a request for mark of confidence, p. 147
(5) Jones to Grey. (Copy.) Asks again if Lieut. Governor
could give assent to the present bill if no new one is passed.      p. 150
- (6) Grey to Jones. (Copy.) Colonial Secretary declares that,
as present bill has been reserved for signification of H. M.'s pleasure,
it is beyond the power of Lieut. Governor to give his assent thereto.
p- 111
(7) Jones to Glenelg.   (Copy.)   Sets forth answers to the objec-
'  tions raised to the Bill  (No. 855)  for incorporation of the Upper
Canada Life Insurance Company. p. 154
Duplicates of preceding despatch and enclosures. p. 181 G. 76 REPORT FOR THE YEAR 1936 40
Glenelg to Head.   No. 24.   Stating, with reference to case of      1836
John McAuliffe, which was the subject of despatch (No. 20) of Feb. Downingst.,
10, that the Law Officers had advised that there were no legal reasons Feb* *•
why sentence of death should not be pronounced, and directing that,
in view of instructions in despatch of March 2, 1835, McAuliffe be
sent to England for transportation. p. 250
Glenelg to Head.    (Circular.)    Transmitting copy of a Resolu- Downingst.,
tion of the House of Commons of Feb. 23 on the subject of Orange Feb-27-
lodges and similar societies, together with the reply of His Majesty
to the address thereon. p. 253
Enclosures:—
(1) The   Resolution.    (Copy.)    For  an  address  praying   for Feb. 23.
measures  for the effectual discouragement of Orange  lodges  and
political societies generally. p. 254
(2) Reply of His Majesty.    (Copy.)   Assenting to the petition. Feb. 25.
p. 254
Glenelg to Head. No. 25. Transmitting copy of letter from Downingst.,
Daniel Jones, praying that, in consideration of the services andFeb-27-
sacrifices of his family, he may receive a judicial appointment in
one of the colonies, or be made a member of the Executive and Legislative Councils in Upper Canada; with reply to the effect that no
appointment could be made to either Council except on recommendation of the Lieut. Governor. p. 255
Enclosures:—
(1) Jones to Glenelg.   (Copy.)
(2) Grey to Jones.   (Copy.)
Duplicates of preceding despatch and enclosures.
n  262 Londo1
* Jan. 30
p.  258 Feb. 8.
p. 269 I
Glenelg to Head. No. 26. Acknowledging despatch No. 69 of Downingst.,
Nov. 21, and expressing approval of Colborne's action in setting Feb-M-
apart certain locations in satisfaction of claims of U.E. Loyalists,
but declining to act upon his recommendation that one or more
townships be set apart for the same purpose, until the Assembly
has the opportunity of expressing views on Lord Aberdeen's despatch
of Feb. 18, 1835. P- 282
Duplicate of preceding despatch.
p. 289 I
Glenelg to Head. No. 27. Transmitting, with reference to£
Colborne's despatch No. 70 of Nov. 23, copy of a letter from
Admiralty on the subject of establishing an observatory in Upper
Canada. Attention is drawn to Admiralty's desire to have estimate
of probable cost of building, and to know whether the Legislature
will defray this expense, and any portion of the annual maintenance
charge. P- 296
Enclosure:—
Sir Chas. Wood* to Grey.   (Copy.)
Sir Charles Wood 0800-85) was made Secretary of the
e peerage as Viscount Halifax of Monk Bretton, Feb. 2
Admiralty
p.  299 Office,
Feb. 22. PUBLIC ARCHIVES
G. 76
Glenelg to Head. No. 29. Transmitting, with reference to
Colborne's despatch of April 29, and Spring Rice's reply of July 31,
1834, copy of a further communication from Ordnance as to the
necessity of obtaining a piece of land adjoining the Government
Reserve of Fort Henry at Kingston, which was the property of
Rev. R. D. Cartwright. The latter was willing to exchange his
property for a strip of land in Kingston on which Government House
formerly stood. The proposal was rejected on Colborne's recommendation of April 29, 1834. Lieut. Governor is directed to take up the
matter and settle it according to his discretion. p. 301
Enclosures:—
(1) Byham to Hay.   (Copy.) p. 311
(2) Cartwright to Lt. Colonel Wright.    (Copy.) p. 315
Duplicate of preceding despatch. p. 317
Glenelg to Head. No. 30. Stating that, for some unexplained
reason, Colborne's despatch of April 5, 1833 had not been answered,
and that the claim of Rev. A. Bethune to remuneration for services
rendered in 1831 to the Clergy Corporation will be dealt with when
some further information, which could be obtained from Bishop of
Quebec, is received. p. 326
Duplicate of preceding despatch. p. 331
Glenelg to Head. No. 31. Stating, with reference to claim of
Richard Daverne to some land granted to his brother in 1817 but
subsequently withdrawn in 1819, that, for the reasons then given,
there appear no grounds for reopening case. p. 336
Enclosure:—
Colonel F. Cockburn to Glenelg. (Copy.) Recites circumstances
which induced Duke of Richmond to cancel the Daverne grant, p. 339
Duplicates of preceding despatch and enclosure.
p. 345
Glenelg to Head. No. 32. Acknowledging despatch No. 57 of
Sept. 18, and stating that the views he entertains respecting the
address of the Wesleyan Methodist Church to the King for assistance
towards the support of their seminary near Cobourg were fully
expressed in a letter written to Rev. Egerton Ryerson, a copy of which
is enclosed. p. 356
- Enclosure:—
Sir George Grey to Ryerson. (Copy.) Stating, in reply to
communications of Feb. 12 and 23, that Colonial Secretary, while
fully sympathetic with the objects in view and anxious to discover
a means of relieving the trustees of Cobourg Seminary from pecuniary
embarrassments, finds himself in a difficulty. Considerable changes
have taken place in the Canadas since Lord Goderich's despatch of
Nov. 8, 1832, to which allusion was made. The present aspect of the
discussion over the control of the Casual and Territorial Revenue
would prevent the further burdening of that Fund.   There would be
-*' G. 76
REPORT FOR THE YEAR .
no prospect of success for an application to the Imperial Parliament,
even if one felt justified in making it. Colonial Secretary is not convinced by the arguments against submitting the case to Provincial
Legislature. On the point of a grant of land, such as had been made
to King's College, Ryerson is reminded that there has been a change
l||)olicy in regard to Crown Lands since the grant to King's College,
and experience has shown the impolicy of such grants, particularly
to corporate bodies, which lack motives to turn them to profitable
account.  The printed volumes sent on Feb. 12 are returned.      p. 359
Copies of preceding
and enclosure.
Duplicate of preceding despatch.
p. 380 I
Glenelg to Head.   No. 33.   Acknowledging despatch No. 68 of d
Nov. 20 with memorials from Niagara and Western Districts; and M
stating that, after consulting Commander in Chief, he can see no
good reason for altering the decision to evacuate the troops at the
posts of Niagara and Amherstburg.   Their only purpose there would
be the preservation of order, which is the duty of the civil authorities.
p. 385
Duplicate of preceding despatch. p. 389 °
Glenelg to Head.   No. 34.   Acknowledging Colborne's despatch n
No. 6 of Jan. 22, with copies of addresses of Legislative Council and'.,
Assembly in reply to his speech on opening the Legislature; also his
reply to those addresses. p. 394
Duplicate of preceding despatch. p. 395 *j
Glenelg to Head.   No. 35.   Acknowledging Colborne's despatch d
No. 7 of Jan. 22, with copy of his message of Jan. 21 to Assembly
when transmitting copy of Colonial Secretary's despatch No. 52 of
Oct. 28, 1835. P- 397
Duplicate of preceding despatch. p. 398 £
Glenelg to Head.   Acknowledging despatches Nos. 74 to 78 of i
December, and 1, 2, 5, 6 and two unnumbered of January. p. 399
Glenelg to Head.   No. 36.   Transmitting copy of memorial from J
John Nicklin who requests copies of documents relating to the application from him in 1815 for grants of land for himself and sons, and
l that the papers cannot be found. P- 400
Enclosure:—
The memorial.
Duplicate of preceding despatch.
p. 404
p. 407
Oct. 25.
1836
Glenelg to Head. No. 37. Transmitting copy of letter from r
John Gait on the subject of his plan for draining the Great Swamp x
in the Huron Tract, and requesting report thereon. p. 411
Enclosures:—
(1) Gait to Stephen.
carrying out his plan.
(2) The suggestions.    (Copy.)
(Copy.)    Enclosing sugges
[  terms   for Greenock,
... March 11.
p. 413
p. 417 1836
DowningSt.,
March 14.
PUBLIC ARCHIVES G. 76
Duplicates of preceding despatch and enclosures. p. 420
Glenelg to Head.    (Circular.)    Requesting that proper clothing.
and provision be supplied to convicts who may be sent to England.
p. 596
Glenelg to Head. No. 38. Acknowledging despatch No. 77 of
Dec. 26, and stating, with reference to recommendation that part;
of the revenue from Timber Licences be applied to improving?
navigation of Ottawa River at the Chats and to opening communica-|
tions between the rivers in the vicinity to tracts from which lumber^
merchants draw their supplies, that, with every sympathy for the
objects mentioned, he can do no more than adhere to decision of
Goderich that the large expenditures necessary could not be sanctioned.!
In the present state of the question of disposal of the Casual and
Territorial Revenue no further burdens can be laid on that Fund.;
Reference to the senior Engineer officer should be made as to effect
of such improvements on the defence of the province, and the trafficl
of the Rideau Canal. Lieut. Governor is directed to lay the subject
before Legislature. P- 430
Duplicate of preceding despatch.
p. 438
Glenelg to Head.    No. 39.    Calling attention,  at instance of
Ordnance, to last clause of Provincial Act of April 16, 1835, for^
establishing Erie and Ontario Railroad Company, and directing thatp
steps be taken to prevent intrusion on lands within 1,000 yards ofl
fortifications. p. 446.
Duplicate of preceding despatch.
p. 450
Glenelg to Head.   No. 40.
" I have received your Despatches dated the 5th & the 15th of
February, Nos 3 and 5, containing copies of the Communications
which had passed between yourself and the Legislative Council and*
Assembly of Upper Canada.
Before I pass to the particular subjects to which you have thus
called my attention, I would avail myself of this Commencement of
our Official Correspondence as a fit opportunity for explaining the
spirit in which I am anxious that it should be conducted. It is
impossible that I should place implicit Confidence in my own.'
Conclusions respecting passing events in Upper Canada as they are
successively reported to me. Although I do not regard a personal
observation of such occurrences essential to a correct understanding
of their character and tendency, yet, at this distance from the scene
it is often unavoidable that my judgment on such matters should
for a considerable time be suspended. During any such interval
I anticipate great relief and support from the reliance which I am I
happily entitled to repose in your discretion. I shall, however, offer,
for your solution any doubts which may suggest themselves to me
with perfect unreserve, and without yielding to the fear that you will
ever misconstrue such inquiries into an expression of distrust or of
unavowed disapprobation. In the pursuit of the great object which
we have in Common you will, I am sure, agree with me that our
official intercourse should be characterized both by entire frankness,
and by mutual Confidence, and that on either side the most indulgent,
and favourable Construction should be given to every expression
which may be susceptible of more than one meaning. G. 76
REPORT FOR THE YEAR 1936
Reverting now to the subject of the Despatches to which I have
referred, the first remark which occurs to me relates to the manner
in which you made your inaugural Address to the two Houses of
Provincial Legislature. It appears to have been delivered by you
in person in the Council Chamber, although the Session was still in
progress. I presume that you considered this peculiarity in the mode
of Communicating with the Legislature as required and justified by
the novelty of the occasion. I should entirely concur in that opinion
if I were assured that neither of the Houses would complain of having '
been thus summoned into the Governor's presence as a breach of
their privileges. I trust that no such objection has been raised, or
that, if insisted on by any one, it will have been over-ruled by the
good sense and right feeling of the Legislative Bodies.
Your Address to the Council and Assembly was judicious and
well considered.
In proceeding to Communicate a complete transcript of your
Instructions instead of the substance of them, you exercised a
discretion which I do not venture to disapprove. It is impossible
to prescribe for the guidance of an Officer placed in such a situation
as yours, rules of conduct on questions of this kind so inflexible as
not to yield to circumstances which could not be foreseen, or to the
pressure of considerations which at this distance could not be
appreciated.
The motives which prompted you to avow in the most public
manner that in thus divulging the precise terms of your instructions
you were acting in opposition to His Majesty's Orders Command my
respect, even though I am not quite satisfied of their sufficiency.
Though less consonant with the frank and open bearing of your own
character, it might have been more judicious to avoid the direct
avowal of the fact that you were disregarding an express injunction
of the King. In your solicitude to take upon yourself the responsibility which you have thought it right to incur you may, perhaps
have, however unintentionally, contributed a little to impair the
respect due to the Royal Authority.
I do not disguise from you my fears that the publication of that
part of the Instructions to the Commissioners in Lower Canada which
was subjoined to your own, may have involved the Earl of Gosford
in much embarrassment. I am not without an apprehension that
the effect of your having adopted a course different from that which
Lord Gosford had previously taken, may have been to create a
feeling of dissatisfaction on the part of the Legislature of Lower
Canada which may seriously impede the successful progress of his
Mission. As it was in your power to have Communicated, on his
Lordship's responsibility, the Statement which he had himself
conveyed to the Legislature of the Lower Province of the effect of
those passages of the Commissioners' Instructions, which were
appended to your own, I do not perceive why you could not have
accompanied a literal transcript of the body of your Instructions
with the epitome which Lord Gosford had already prepared and used
of the Appendix to them. , .   ,
The Address of the House of Assembly of the 5th of Febmary
placed you in a position of delicacy, from which you extricated
yourself with skill, calmness, and discretion. Yet, it is not without
anxiety that I perceive Sir John Colborne's Despatch of the 16th of
Septr in the List of those of which you transmitted Copies to the
Assembly.   In the first place, as my answer to that Communication PUBLIC ARCHIVES
G. 76
has not even yet been dispatched to the Province, I regret that the.
Public at large should be in the possession of an incomplete Corre--
spondence on topics of so much delicacy. But further, I am apprehensive that Sir John Colborne may be exposed to injurious surmises^
and unmerited reproach, by some passages in that Despatch which,
had he intended them for general perusal, would have been accompanied by explanations such as, in addressing myself, probably
appeared to him superfluous. I am well aware that you and I are
entirely agreed as to the duty and propriety of protecting from
unfounded reproach the character of that distinguished Officer, and
of manifesting towards him that respect and Consideration, to which
he has so many and such eminent titles. It would, therefore, be at;
once unbecoming & unnecessary to suggest to you the observance of
those feelings towards him in all your public acts. But, as one part
of his Correspondence with me during the last Autumn has thus beenf -
imparted to the Legislative Bodies in Upper Canada, it may not be;;
altogether superfluous to express my earnest hope that you have1]-
regarded as Confidential those Despatches in which it was myi
painful duty to animadvert on any portion of his Official Communica^ll
tions to me.
I have thus addressed you in that spirit of frankness and
unreserve to which I referred in the Commencement of this Despatch;-
The respectful expression of such differences of judgment as may||
arise between us may, I am convinced, be made without hazarding!
on either side the loss or the diminution of that mutual Confidence
with which it is our duty to Co-operate for the Advancement of the-
King's Service and the general welfare of His Majesty's Subjects.   I
I desire to express my approbation of the spirit and manner in
which  you  conduct  your   official  intercourse  with   the   House  oil
Assembly—temperate,  judicious,  and  self-possessed,—meeting their||
wishes cordially whenever you are able, and when you think yourself?
precluded from so doing, announcing to them, frankly and courteously,
your opinion and determination." p. 454
Duplicate of preceding despatch.
p. 475
Glenelg to Head. No. 41. Acknowledging despatch No. 4 of
Feb. 5. In view of the recent honour conferred on him, does not think
it wise at the present time to advise His Majesty to promote the.
Lieut. Governor to the Baronetage. Recommendation respecting a
permanent aide-de-camp has been carried out, and the charge therefor
sanctioned by House of Commons. If, after a sufficient period of
observation, it is proved that official income is inadequate, provision
will be made for an increase. Trusts that he will reconsider decision
to retire from office, a step which would be highly inconvenient to
H. M.'s Government. p. 494
Glenelg to Head. (Circular.) Transmitting, for attention, copy
of Resolution of House of Commons of March 8, requiring certain
information respecting colleges and endowed schools in colonies in
British North America and West India Islands. p. 521
Enclosure:—
Resolution of House of Commons.    (Copy.) p. 522
Glenelg to Head. No. 42. Stating, with reference to his despatch of March 22 (No. 40), that the extracts from the instructions to
Gosford and his colleagues appended to despatch (No. 1) of Dec. 5 last G. 76
REPORT FOR THE YEAR 1936
were inaccurate owing to error of copyist, and transmitting exact
copies of these documents. Lieut. Governor is directed to lay copies
of these latter before Legislature if still in session. The whole
instructions will be laid before Parliament and printed. It is left to
Lieut. Governor to decide whether to lay the extracts before Legislature or to await the whole copy which will be sent him. p. 523
Enclosures:—
(1) Extract from Instructions to His Majesty's Commissioners j.
of Enquiry in Lower Canada. p. 528
(2) Extracts from despatch to Commission of Enquiry in Lower j,
Canada. p. 537
Glenelg to Head.   No. 43.   Acknowledging despatch No. 9 ofE
Feb. 23, and expressing approval of appointment of J. H. Dunn, R. a
Baldwin and John Rolph to Executive Council; also, approves of the
stand taken by Lieut. Governor with reference to Mr. Baldwin's
desire to attach conditions to his acceptance. p. 583
Duplicate of preceding despatch.
p. 586 £
Glenelg to Head. No. 44.   Acknowledging Colborne's despatch r
No. 8 of Jan. 22, and stating, with reference to his request for sane- *
tion to complete arrangements towards forming an Indian establishment on Great Manitoulin Island, that he will hold the subject over
until Lieut. Governor's report is received.   Satisfaction expressed with
Capt. Anderson's report on state of Indians at Coldwater.      p. 589
Duplicate of preceding despatch.
p. 592 £
G. 77 (1836)
Glenelg to Head.   No. 45.   Stating, in reply to despatch No. 8 Downing st.,
of Feb. 16, that he cannot give effect to Lieut. Governor's recom- Apra 5-
mendation that Mr. Hepburn be appointed a clerk in Indian Department.   Reference to despatch No. 6 of Dec. 31. p. 1
Duplicate of preceding despatch. p. 3 £~* B
Glenelg to Head.   No. 46.   Acknowledging despatch No. 10 of Downing st,
Feb. 29, and stating that address of Assembly to the King respecting Apri17-
trade and commerce has been referred to Committee of Privy Council
for Trade. P- 5
Duplicate of preceding despatch. p. 7 D°™ M
Glenelg to Head.   Acknowledging Colborne's despatches Nos. 3, Downing st.,
4, 7 and 8 of January, and an unnumbered of February 9, and Head's April 15-
No. 2 of January, and Nos. 3 to 12 and one Private of February,    p. 9
Glenelg  to   Head.    (Circular.)    Encloses   letter   from   Foreign Downing St.,
Office and desires to be informed if any objections exist in the colony April 15.
against contemplated Convention between Great Britain and Austria
for abolishing discriminating imposts. P- 10
Enclosures:—
(1) W. Fox Strangways to Grey.    Sends copy of note from £«J»
Austrian Charge d'Affaires with draft of proposed Convention,   p. 12 March 18. PUBLIC ARCHIVES
G. 77
1836
London,
March 9.
(2) Hummelauer to Viscount Palmerston. (Copy.) (In
French.) P- 13
(3) Draft of proposed convention.    (Copy.)    (In French.) p. 15
Glenelg to Head.   No. 47.
" I have the honor to inform you that I have recently received
from the Wesleyan Missionary Society, a communication relative to
the discontinuance of the assistance heretofore extended to them, from
the Casual and Territorial Revenue of Upper Canada. The circumstances connected with this question appear to be as follows.
In the year 1832 in consequence of representations from varii^B
quarters, the Earl of Ripon suggested to the Wesleyan Methodist
Society in this Country the extension of their Missions in Upper'
Canada. To aid them in effecting this object His Lordship instructed
Sir J Colborne in the month of Novr 1832, to appropriate to the
Society in the course of the ensuing year the sum of £900 from the
Casual and Territorial Revenue. His Lordship's Dispatch did not
however contain any specific pledge as to the permanency of thisf
allowance, which in the year 1834 was considerably reduced by the-
directions of Lord Stanley, and was altogether discontinued in 1835.
The Wesleyan Society having represented to me that in consequence
of this interpretation of the agreement with them—an interpretation
which is entirely opposed to their own understanding of that agreement—they have been exposed to considerable inconvenience I have
thought it my duty to communicate on the subject with the Earl of
Ripon. I enclose for your information a copy of the reply which I
have received from his Lordship.
The answer of the Earl of Ripon, although shewing that His
Lordship had not considered himself at liberty to offer to the Wesleyan
Society such a pledge as would be permanently binding on Hisf
Majesty's Government, yet bears out the representation of the Society!;
that the allowance to them in the year 1833 was not to be considered-
merely in the light of a Special and definitive Grant. It would rather:
appear that it was the design of His Lordship having called on the|f
Wesleyan Society on Public grounds to extend the field of the|||;
labours, to afford them from time to time such pecuniary assistance
as might be necessary to meet their increased expenditure, until the
period when the augmentation of their own Funds should enable-
them to dispense with it. Understanding the intention of His
Majesty's Government in this manner, the AVesleyan Society lost no
time in following out the suggestions of the Earl of Ripon, by the
erection of additional Churches & School Houses in Upper Canada,
and by a considerable increase in the number of their Ministers. TheW
expenditure thus incurred is not of a nature to be immediately cwcM
tailed, and the Society are therefore exposed to the risk of much
embarrassment if the assistance on which they have considered themselves entitled to calculate should be now withdrawn. I have
accordingly felt it my duty to review the whole correspondence ori$
this subject, and having devoted my earnest attention to it, & having!
taken every means of informing myself of the nature of the obligation!
contracted by His Majesty's Government towards the Wesleyanf
Society, I feel bound to admit their claim to a continuance of the?
assistance promised to them by the Earl of Ripon.
Whether that assistance should be now renewed at the precise
amount at which it was fixed in November 1832 I do not feel myself^
competent to decide— I am, therefore, compelled to devolve on you G. 77 REPORT FOR THE YEAR 1936 4U
that further investigation which will be necessary to determine this i«<56
part of the question. You will have the goodness to ascertain with
the utmost possible precision the nature & extent of the expenditure
incurred by the Wesleyan Society in consequence of the expectations
held out to them by the Earl of Ripon: and having obtained that
information you will proceed to calculate the amount of the assistance
to which they are consequently entitled. That amount must be placed
on the casual and Territorial Revenue of Upper Canada as one of
those charges to which the good faith of His Majesty is pledged, and
subject to which alone His Majesty has consented to divert himself
of His controul over that Revenue. I need not here repeat the strong
sense which His Majesty entertains of the obligation on Him, while
contemplating the surrender of the controul over the Casual &
Territorial Revenue, to maintain inviolate all those charges upon it
to which His faith had become previously bounden. I cannot permit
myself to doubt that the Assembly of Upper Canada will cheerfully
recognize the claim of the Wesleyan Missionary Society & that they
will at once admit a charge which is calculated to advance no
Individual interests alone, but to promote & extend the diffusion of
religious & moral instruction throughout the Province
You will have the goodness to report to me the steps which you
may take in consequence of this Despatch." p. 16
Enclosure:—
Ripon to Glenelg.   (Copy.)
I In reply to the Letter of the 30th Ult° which I have had the Carlton
honor to receive from Your Lordship, I beg to say that I perfectly 2*^4°*'
recollect the circumstances referred to in that Letter. °    "
It is correctly stated that I had various communications with
the Wesleyan Methodist Society in this Country in the year 1832,
upon the subject of their operations in Upper Canada, and of the
desire entertained by the Wesleyan's in that Province to place themselves in close and continued connection with the Parent Society in
England. In the course of these communications I became so
impressed with the importance of the objects, which the Society
both at Home and in Canada, had in view, that I thought it expedient
to encourage their exertions, and to instruct the Governor to give
them some pecuniary assistance from those funds which were legally
at the disposal of the Crown: and although of course I could give
them no specific pledge as to the duration of such assistance (which
might be affected by various considerations beyond my controul) I
have no hesitation in saying that it was assigned to them under a
distinct impression on my part that the same motives of policy which
dictated the original grant, would recommend its continuance. lam.
bound to add my perfect recollection of the Wesleyans in England
having stated to me at the time, their intention of extending their
operation with the assistance which was to be given to them by the
Colonial Government.
I am not aware that anything passed upon these occasions, which
could be understood as binding either myself or any of my successors
as to the precise amount of the aid to be granted: But if I had
remained in charge of the Colonial Department, I should unquestionably not have advised the withdrawal of the grant." p. 24
Glenelg to Head.   No. 48.   Acknowledging despatch No  11 of Downing st.,
Feb. 29 with correspondence with Archdeacon Strachan.    Regrets
manner in which the latter received the suggestion that he retire
L PUBLIC ARCHIVES
G. 77
from the Legislative Council, and hopes that Dr. Strachan's decision
not to resign will have no injurious results. p. 28
Duplicate of preceding despatch. p. 35
Glenelg to Head. No. 49. Stating, with reference to Colborne's
despatch No. 4 of Jan. 13 respecting salary of Mr. Beikie, Clerk of
Executive Council, that he cannot come to decision on subject until
he has received Lieut. Governor's report on the Civil Establishment'
of the province, which is required by Instructions of Dec. 5. Reference to despatches of Spring Rice and Aberdeen. p. 43
Duplicate of preceding despatch.
p. 46
Glenelg to Head. No. 50. Transmitting copy of letter from the
General Agent for Recruiting Service in Dublin respecting gratuities
allowed to certain individuals now residing in Canada. p. 51
Enclosures:—
(1) Sir B. D. Burdett to Grey. (Copy.) Sending list of those
entitled to pay and requesting to be informed if there is any means
of identifying them and obtaining witnesses for receipt of pay.     p. 53
(2) The list.    (Copy.) p. 55
(3) Draft receipts.
p. 56
Glenelg to Head. No. 51. Stating that he has received memorial
from Colonel Talbot defending course pursued by him in superintending the settlement of several townships in the Western District.
It is presumed that the statement was sent in anticipation of adverse
representations which would be made. Colonel Talbot is to be
assured that, in such case, his statement will be duly considered, p. 60
Duplicate of preceding despatch.
p. 62
Glenelg to Head. No. 52. Transmitting copy of letter from
Rev. Jas. Buchanan which invites attention to embarrassed circumstances of Rev. Mr. Mclsaac, Presbyterian minister at Lochiel, from
non-receipt of the Government allowance in aid of his stipend, and
asking that inquiry be made. p. 64
Enclosure:—
Buchanan to Glenelg.   (Copy.) p. 66
Duplicates of preceding despatch and enclosure. p. 72
Glenelg to Head. No. 53. Stating that he has received from
Mr. Gray, a half-pay officer at Kingston who is supported by the
Roman Catholic Bishop and others, an application for grant of land,
and expressing regret that regulations prevent an acquiescence,     p. 77
Duplicate of preceding despatch.
Glenelg to Head.    No. 54.    (Duplicate.)
. 79
Transmitting, with
reference to his despatch No. 42, printed copies of Instructions to
Gosford and to Commissioners of Enquiry.    (No enclosure.)        p. 81
Copy of preceding despatch.    (Bears a pencilled note:  "The
Original Despatch & Enclosures taken by Sir Francis Head.")      p. 83
Glenelg to Head.   No. 55.   Acknowledging despatch with extract
from letter from British Packet Agent at New York, which states G. 77
REPORT FOR  THE  YEAR 1936
that Lieut. Governor's despatches are frequently liable to detention      1836
] at Custom House at Liverpool.   Have directed that the matter be
; referred to the Postmaster General. p# 84
Duplicate of preceding despatch. n  87 D«wnm«st..
° *" ■ )J-  oi  May 16.
Glenelg to Head. No. 56. Transmitting, that it may be placed Downingst.,
in the public archives with his former communications to Sir Jno. m***1-
Colborne, copy of despatch of April 14 addressed to the former Lieut.
Governor after a review of the correspondence between them on the
public affairs of the province. Is anxious " to relieve the character
of that distinguished officer from any strictures which may appear to
have been uncalled for ". Regrets that any unnecessary severity of
expression might have been used. Subsequent despatches had brought
the information desired. p. 89
Enclosure:—
Glenelg to Colbome. Acknowledging despatches Nos. 58, 62, 63, DowningSt.,
72, of Sept. 22, Nov. 6, Nov. 9, and Nov. 30, Separate of Dec. 6, No. 1 Aprim
of Jan. 5, Separate of Jan. 5, and one of Feb. 9. Colonial Secretary
has made a review of the whole series of their official correspondence
to ascertain whether he merited the reproaches addressed by the former
Lieut. Governor. Denies imputation that despatches merely bore his
signature, and states that terms of all of them have been arranged
either on consultation with members of the cabinet or by him alone.
Does not consider he has been unnecessarily importunate in his
demands for information. As he had come into office at a time when
the affairs of British North America were in a critical state naturally
he awaited reports from Lieut. Governor with much anxiety. As these
gradually arrived it appeared that their opinions as to the policy to
be observed in conducting the affairs of Upper Canada differed
greatly. Colbome had expressed condemnation, almost disdainful,
of certain Acts of the Assembly, and spoken disparagingly of individual
leaders and those under their influence. The representative assemblies
of the colonies should at all times be treated with deference and
courtesy by H. M.'s representatives.
Apology is made for the use in previous despatches of any
language winch is possible of a construction injurious to Colborne's
personal character, but satisfaction is felt that no charge against his
honour or integrity was ever preferred. Throughout their official
relationship no word of censure had been made except on the single
subject of the insufficient intelligence supplied, although Colborne
has put a different construction on official communications. The
latter understood the Colonial Secretary to have censured his private
correspondence with one of his Under Secretaries. The complaint-
was that important items of intelligence were diverted into this
channel instead of being conveyed in a public and official form,
subjecting the Colonial Secretary to the disadvantage of personal
knowledge and official ignorance respecting important facts. With
regard to his remarks on the delay in forwarding despatch of June 26
with address of Assembly on Mr. Forsyth's case, a meaning utterly
different to that intended had been affixed to them. Furthermore,
instruction to transmit a copy of his despatch to the Assembly should
not have been regarded as an indignity by the Lieut. Governor.
The charge of insufficient intelligence submitted had been
preferred in reference to four general topics. The first- was the case
of the Auditor of Land Patents, but despatch No. 72 of Nov. 30
40579—2J PUBLIC ARCHIVES
G. 77
shows this need not be considered.   With regard to the other topics
feels he was justified in adopting the tone which he did respecting
this  deficiency,  but since the  arrival  of recent  despatches  which :
supplied the omissions complained of, he withdraws the charge that ;
the explanations he required had been withheld deliberately.
In anticipation of Colborne's immediate return to Europe after
his successor's arrival in Upper Canada, Colonial Secretary had
offered command of H. M.'s forces in British North America to
Lt. General Sir James Lyons, who at first accepted but later resigned
it. This command, with local rank of Lt. General and pay and
allowances amounting to £3,000 a year, is now offered to Colborne.
A copy of this letter will be transmitted to Sir Frances Head to be
placed in the archives of his Government. p. 92
1836
Downing St.,
May 24.
Duplicates of preceding despatch and enclosure.
p. 125
Glenelg to Head. No. 57. Stating that he has received an
application from W. Winder, of Toronto, for grant of land in consideration of military services which were set forth, and expressing regret
that existing regulations prevent altering the decision already
communicated. p. 168
Duplicate of preceding despatch.
p. 173
Glenelg to Head. No. 58. Transmitting, in connection with Inra
despatch of March 18 (No. 38) on subject of improvement of navigation of Ottawa River, some papers from Colborne. A memorial from
several districts prays for a lock at St. Anne's Rapids. As instructions had been given to lay subject before Legislature, no further
directions are necessary.    (No enclosure.) p. 177
Duplicate of preceding despatch.
p. 180
Glenelg to Head. No. 59. Transmitting copy of letter with
accompanying document from Mr. J. H. Talbot, Member for New
Ross, requesting information concerning property in Upper Canada
purchased by the late Peter Walker in 1810; and requesting that
information be transmitted to him. p. 183
Enclosures:—
(1) Talbot to Grey.   (Copy.)
p. 185
(2) Copy of concession in York Township to Thomas Bingle,
with note that the land was sold to Jno. Jackson, who sold it to
Peter Walker, 26 April, 1810. p. 193
Duplicates of preceding despatch and enclosures,   p. 196; p. 187
Glenelg to Head.   No. 60.
" Your Despatch of the 6th of April, announcing that you proposed
on-the 20th of that Month to prorogue the Legislature of Upper
Canada reached me on the 14th Inst*—No further intelligence has
as yet been received at this Department from the Province.
You will readily understand with how deep an interest I have
perused your recapitulation of the events which have marked the
last Session of the Legislature of Upper Canada, and how anxiously
I have expected the arrival of those Communications which would
Complete the record of its proceedings up to the date of its Prorogation, j In the absence of intelligence on these important points I feel
that it is not possible for me to convey to you any definite Instructions G. 77
REPORT FOR THE  YEAR 1936
for your guidance, or even to express any decided opinion on the 1836
Course which you have hitherto pursued; but nevertheless I Cannot
allow the present opportunity to pass without an acknowledgment
of your recent Despatch, and without assuring you that my Colleagues
and myself are fully alive to the delicacy and difficulties of your^
situation, and are most anxious to relieve you in some degree from
that undivided weight of responsibility which the present posture of
affairs has unavoidably devolved on you. The trust which we repose
in your discretion and judgment diminishes the anxiety which we
should otherwise feel on this point. In whatever Circumstances you
may be placed, I am confident that your measures will Continue to
be distinguished by a firm yet temperate and conciliatory exercise of
the Constitutional powers entrusted to you.
Whenever your further Despatches shall be received, His
Majesty's Government will lose no time in devoting their attention
to the whole subject of the present State of Affairs in Upper Canada,
and in Conveying to you the necessary Instructions for your guidance." p. 197
Glenelg to Head.   Acknowledging despatches of March and April Downing St.,
Nos. 15 to 18, 21, 23, 24, and unnumbered of March 5; also, despatch June2-
from Colborne of Feb. 29. p. 202
Glenelg to Head.   No. 61.   Acknowledging despatch No. 9 of Downing st.,
March 25, and transmitting copy of answer to Capt. Hurd respecting J»me io.
his application to be reinstated in the position of Surveyor General,
or to receive pension.    Capt. Hurd was informed, that for reasons
given, he could not be reinstated, and the question of pension would
be submitted to Provincial Legislature p. 203
Enclosure:—
Grey to Hurd.   (Copy.)
Duplicates of preceding despatch and enclosure.
p. 204 n
p. 209 e
ji
Glenelg to Head.   No. 62.   Acknowledging despatch No. 14 of e
March 22 enclosing answer of Bishop of Regiopolis (Macdonell) to Jl
letter in regard to his retaining seat in Legislative Council. Recognizes
his high character, conduct and service, and right to act on his own
judgment, while regretting the difference of opinion on this question.
p. 216
Duplicate of preceding despatch.
P-218£
Glenelg to Head. No. 63. Petition to House of Commons from Downing st.,
Assembly of Upper Canada, of which a copy was enclosed in Head's.June 13-
despatch No. 26 of April 21, was presented by Mr. Hume on June 10,
who announced intention of moving that it be printed. Sir George
Grey will move for the production of so much of the despatch, and its
enclosures, as relates to the charge against Head's personal character.
Colonial Secretary considers this to contain a full and complete
answer. P- 221
Glenelg to Head.   No. 64. S^8*"
"I avail myself of the earliest opportunity which I have been No 2621at
able to find for acknowledging the receipt of the Despatches enumer-   Apra
ated in the Margin. ^rfra27""
It must be superfluous to assure you of the deep and lively N„ MJ8tt
interest with which H.M. Gov* contemplate the recent proceedings in   April 420 PUBLIC ARCHIVES G. 77
1836 Upper Canada, or to state our conviction of the decisive influence
N*w1th^'ay which y°ur measures must exercise on the Affairs of British North
N'w-sth ■• America in general. With such views of the magnitude of the occasion
I find it impossible to discuss the various questions raised or suggested
by the Despatches before me until I shall have been able to bring
them fully under the notice of my Colleagues. At the same time there
are some topics which I do not think it right to postpone, and to
which I shall for the present confine myself.
It is with equal surprize and concern that I have read the terms
in which in your Despatch of the 8th of May you refer to my Despatch
N° 40 of the 22nd of March. You observe that it is your duty to
receive with silent submission all expressions of my disapprobation,
and proceed to defend yourself against the Charges which you understand me as having intended to prefer. I am, however, at once able
and happy to say in the most unqualified manner, that my Despatch
of the 22nd of March was not written with the design of conveying
any reproof, or of intimating any disapprobation,—and I am per-
' suaded that on referring to it again you will be satisfied that no room
really exists for the less favorable construction which you have given
to my words. Entertaining doubts of the Conformity to Parliamentary
usage of one of your proceedings, and not satisfied as to the prudence
of another, I expressed my views without the slightest reserve, though
not without some uncertainty how far they might be well founded.
In thus addressing you nothing could be more remote from my purpose
than to censure your conduct. I simply availed myself of that
privilege of frank and open intercourse which must subsist between all
persons jointly engaged in the pursuit of a Common political object,
and without which public Affairs could never be conducted with safety
or success. Ready as I am at all times to receive and to invite from the
Governors of H.M's Colonies the expression of any dissent from my
own judgment, I think myself entitled to claim from them an equal
freedom in avowing whatever difficulty I may feel respecting any of
their measures. It is my earnest wish to maintain with yourself
especially such habits of reciprocal confidence as shall in our official
relation to each other insure both of us against misconceptions which
might be prejudicial to H.M's Service, and to the general interests of
the King's Subjects.
Your construction of my Despatch N° 40 has given me the greater
pain because, to address you in the language of reproof was not only
remote from my real intention, but in direct contradiction to it.
Without anticipating the opinions which I may hereafter have to
express respecting your Administration of the Government of Upper
Canada, I cannot omit to acknowledge that it has been characterized
by a zeal for the general good of the Province, and by an energy,
firmess and promptitude of decision which entitle you to the cordial ;
sympathy and grateful acknowledgments of the Ministers of the
Crown. To be insensible to the spirit and the ability with which you
have acted, and to give to occasional errors of judgment (if errors
they really were) more attention than to the predominating motives,
and the broad character of your policy, is a reproach to which I
cannot admit myself justly liable.
I will not pass over in silence even on the present occasion, your
demand for advancement to the dignity of a Baronet, even though
I am unprepared to convey to you my final answer on that subject.
I trust that you will receive what I am about to state as intimating
no foregone conclusion on the question, for it is in truth, under the
~v G. 77
REPORT FOR THE  YEAR .
peculiar circumstances of the moment, a question involving many
considerations upon which I must necessarily consult with my Colleagues in Office.
I must, however, notwithstanding the strength of your expressions, venture to doubt whether on more mature reflection, you would
really think it right to make your continuance in your present office
dependent on the immediate acquiescence in that demand. I do not
suggest those considerations which more immediately relate to your
own personal honor and reputation in this matter, because a right to
touch on such topics is among the privileges only of private and personal intimacy. But I am perhaps at liberty to remind you of the
claims which the King, and His Majesty's Subjects at large are
entitled to prefer, and to which I am convinced that you are keenly
alive. It is not less true in civil than in Military life, that the moment
of peril is never to a brave & loyal man the moment of retreat. Of
all men he is least entitled to retire at such a season, who, in a just
and fearless reliance on his own resources, has undertaken an arduous
responsibility, which it might be impossible to devolve on a Successor.
He who acts in this Spirit may be fairly said to have given the most
sacred pledge to abide the issue of his own undertaking. Nor need I
remind you that no one who in that spirit perseveringly and succes-
fully serves the King on a conspicuous Theatre of action, can justly
doubt that the reward of such generous self-devotion will be dealt
out with no niggard hand by his King and Country.
» I have but one other topic to notice at present. You demand a
full and unfettered discretion in the conduct of the affairs in which
you are engaged, & deprecate all unnecessary interference. His
Majesty's Government, while they respect the independence, subscribe to the justice of this claim. On this subject I cannot explain
myself more clearly than by transmitting to you the accompanying
extracts from a despatch which on the 8th ins* I addressed to the
Earl of Gosford. You will receive them as entirely confidential, but
as containing rules for your own guidance.
I trust that my promised communication will not be long delayed,
but I must guard myself against entering into any specific pledge as
to the time when I shall be able to transmit it to you." p. 224
Enclosure:—
Extracts from despatch of Glenelg to Gosford, No. 88 of June 8.
[Copy.] {The despatch is printed in full in Report of the Public
Archives for 1931, pp. 365-9.) p. 236
Duplicates of preceding despatch and enclosure.
p.  244 Etowning St.,
Glenelg to Head. No. 65. Stating that he has had a memorial from r
Daniel Mosher, of Township of York, applying for grant of land on J
account of military services in Nova Scotia, and that he sees no
reason for altering decision already communicated to Mr. Mosher.
Duplicate of preceding despatch.
p. 268 ]
Glenelg to Head.   No. 66.   Transmitting in connection with his i
despatch of May 16, communication from the Postmaster General as
to means of avoiding the detention of despatches from British North
America at Custom House, Liverpool. P- 270 PUBLIC ARCHIVES
G. 77
1836
General Post
Office,
May 25.
Post Office,
Liverpool,
May 19.
Downing St.,
Enclosures:—
(1) G. H. Freeling to Stephen. (Copy.) Transmits letter from
Postmaster at Liverpool suggesting that less delay would ensue if
despatches were addressed direct to Secretary of State, instead of
under cover to himself. P- 272
p. 274
p. 278
Glenelg to Head. No. 67. Stating that he has received letter from
W. R. Hopkins enclosing copy of address to Lieut. Governor from the
Assembly on subject of Hopkins's claim to certain lands in Township
of Vespra.  He will await Lieut. Governor's report on subject,   p. 286
Glenelg to Head. No. 68. Acknowledging despatch No. 20 of April
2, and conveying gratification of H.M. with address from the Board of
Police at Brockville expressing their satisfaction with administration
of H.M.'s representative in U.C. p. 288
(2) W. Banning to Freeling.    (Copy.)
Duplicates of preceding despatch and enclosures.
Duplicate of preceding despatch.
p. 289
Glenelg to Head. No. 69. Stating that he has received a letter
dated May 14 from Dr. Strachan on subject of appointment of Dr.
Mountain to the office of Suffragan Bishop of Montreal, which
appeared to Strachan to be unjust to himself. Expresses regret that a
measure taken in the exercise of the best judgment of the Government
should have been the cause of disappointment to Dr. Strachan. It is
the intention of Government that Dr. Mountain should succeed the';
Bishop of Quebec. p. 291
Duplicate of preceding despatch. p. 296
Glenelg to Head. No. 70. Acknowledging despatch No. 31 of May
5, and stating that, until he has received Lieut. Governor's report on
the state of the Indian Department, he will not deal with question of
Colonel Givins's retirement from position of Superintendent of Indian:*'
Affairs and Hepburn's appointment thereto. p. 301
Glenelg to Head. No. 71. Acknowledging despatch No. 34 of May
9, and expressing regret that he cannot accede to application of Capt.
Patrick Higgins, late of South Mayo Militia, for grant of land. p. 303
Glenelg to Head. No. 72. Acknowledging despatches Nos. 44 and
45 of June 3 transmitting sixteen bills passed by the Legislature and
reserved for H.M.'s pleasure. An Order in Council confirming the
four most pressing [6 Wm. IV, caps. 38, 39, 41, 44] is enclosed. (No
enclosure.) rj. 305
Duplicate of preceding despatch.
p. 307
Glenelg to Head. Acknowledging despatches (March 22 to June 4)
Nos. 13, 14,19, 20, 22, 25 to 47, and Private of May 5 and 8.     p. 309
Glenelg to Head.   No. 73.
" In my Despatch of the 14th ult°, N° 64, I acknowledged the
receipt of various Despatches from you, altho' I stated that I was
unable to discuss, at that time, all the questions raised or suggested
by them. I enumerate in the margin the series of Despatches to which
it is my present purpose to advert, including those referred to in G. 77
REPORT FOR THE YEAR :
mine of the 14th of June. I would not willingly have departed from
the rule of Official correspondence which requires that a separate
answer should be returned to each distinct communication: But the
various topics brought under my notice in this series of Despatches
are so intimately blended with each other, that I find a strict adherence
to that rule, in the present instance, impossible.
1. Of these topics, the first in order of time is the appointment
of Captn Macaulay to the Office of Surveyor General.   Your proceed-
| ings in regard to the late Surveyor General, Mr Hurd, are entitled to
my unqualified approbation. In calling upon that Gentleman to
resign, you discharged an invidious duty with equal firmness and
moderation. I also approve your refusal to appoint Mr Radenhurst
as his Successor, notwithstanding the number and weight of the
testimonies in favor of that Gentleman. I do not enquire whether
the charges preferred against Mr Radenhurst, of a breach of Trust
in the subordinate office which he had so long filled, were well-founded,
or otherwise:—that enquiry is not necessary to the consideration of
his claims for advancement. I must look at him—not in the light
of a person called upon to exculpate himself from the imputation of
a grave offence, but as a candidate for a public trust of the highest
importance; and, in this view of the matter, I am bound to decide
against his claims,—conceiving it to be impossible that he should
enjoy public confidence.
The appointment of Captn Macaulay appears, in so far as his
personal character and qualifications for the office are concerned, to
have been entirely unexceptionable. But as Captn Macaulay deliberately tendered the resignation of that Office without any explanation
of his motives, but (to quote his own language,) "on grounds which
I as a well-wisher of the Government were with him paramount," I
cannot hesitate to accept that resignation, and to impose on you the
duty of making another choice.
2. The proceedings which led to the resignation of the Executive
Council, next demand my attention. In the Address of the 4th of
March from that Body to yourself, I understand them to maintain
that the Constitutional Act of 1791 imposed on the Governor the
duty of communicating with the Council on every act of his administration, and required him on every occasion to abstain from the
exercise of his powers until he had first weighed, and had either
adopted or rejected, their advice. Their Address must further be
understood as an assertion that the people at large believed such to
be the system actually observed by yourself and your Predecessors;
and in the event of your not being disposed to adhere to it, the
Members of the Council demanded your permission to disabuse the
public mind on this subject.
From the construction thus given to the Act of 1791, I must
altogether dissent; nor do I know that it would be possible to refute
it in terms more complete and satisfactory than those employed in
your answer of the 5th of March. I find it moreover very difficult
to believe that the people of Upper Canada at large supposed such
powers to be habitually and practically exercised by the Executive
Council. In so contracted a Society as that of Toronto, it is impossible
that the public should not have been better informed on a question
of such general interest, and respecting which the means of obtaining
correct intelligence could not have been really wanting.
When I advert to the length of service of Mess18 Robinson,
Markland, and Wells in the Council, and to their constant acquiescence
1836
29 Feb: 1836-
N°12
21 March, 1836-
N»15
8 April, 1836-
21 April, 1836-
N»30
8 May, 1836-
N°32
N°37
19 May, 1!
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L_ PUBLIC ARCHIVES
G. 77
in the practice which they at length denounced as unconstitutional, I
have no difficulty in declaring my opinion, that you judged and acted
rightly in calling upon them to resign their Seats at the Council
Board. You will inform them that His Majesty has been pleased to
accept their resignations.
With regard to Mess™ Dunn, Baldwin & Rolph, who had very
recently taken their seats at the Board, there is I think, room for a
much more favorable interpretation of the terms of the Addressof
the 4th of March.— Differing as I do from them as to the construction
of the Act of 1791, and doubting the prevalence of the opinion which
they requested permission to contradict, I am yet willing to believe
that they signed the Address under the influence of no motives but,,
such as might have been reconciled with their duty to the Crown,
and with their cordial cooperation with yourself in the proper business
of the Executive Council.— Some indulgence may perhaps have been
due to the novelty of the situation in which they found themselves
placed, and to distrusts which a more intimate acquaintance with you
might perhaps have promptly dispelled. I admit, however, unreservedly, that so long as they continue to assert the right of
intervention in every Act of the Executive Government, it was
impossible that you should receive them as Members of your Council;
Messrs Baldwin & Rolph having adhered to that demand your breach
with them was unavoidable.— Mr Dunn having offered to recede from
it, a distinction, as it seems to me, might have been made in his.
favour.—
You took indeed an objection to the Address of the 4th March
which, if well founded, certainly left no possibility of separating the
case of any one Member from that of his Associates.— Your answer
represents that Address, as asserting the principle that the Members
of the Executive Council are to be responsible, not to the King, or
to His Majesty's Representative in the Province, but to the people,
or to the popular branch of the Legislature.— Whether a latent
meaning of this kind may really have been entertained in any quarter
it is not for me to decide.— No such pretention, however, appears
to have been distinctly avowed by the Members of the Council themselves. When I advert to the state of Public Affairs in the Province
at the period in question, I cannot but admit that you had probable
grounds for assuming that the construction which you placed on
the Address of the 4th of March, was not in fact at variance with the
meaning and purpose of the Authors of that Document. Still I am
not satisfied that it was judicious to ascribe to their language an
offensive sense of which it is not necessarily or properly susceptible.—
It strikes me on the contrary, that a needless disadvantage was
incurred, by thus preferring a charge to which the accused parties
might assert that they had not rendered themselves liable.—
3. From a consideration of your proceedings regarding the
Executive Council, I naturally advance to a still more important
subject
After reviewing the conduct of the House of Assembly from the
time of the resignation of the six Members of the Council, to the close
of the Session, and after considering the language of the House & of
it's Committee on the topics at issue between you and the Councillors, I must own myself at a loss to determine what is the precise
principle on which, as to the question of responsibility, the majority
of the House were finally prepared to take their stand.—The language
of the House indeed, in its Addresses and Resolutions, would embrace G. 77
REPORT FOR THE  YEAR 1936
that principle in its utmost latitude. So also in the Report of the
Committee, there are some passages which appear to maintain that
doctrine in the largest sense in which it has ever been put forward in
any of the Colonies—namely, that, as in this Kingdom, the King acts
on the advice of responsible Ministers, so in the Canadas the Governor
is to act on the advice of a responsible Council. There are again
other passages in the Report which present the principle in a more
modified character,—limiting it to the obligation imposed on the
Lieutenant Governor to consult the Executive Council on all public
questions, although at the same time admitting his freedom to act in
opposition to their advice. But in order to judge of the propriety of
your proceedings, it is quite unnecessary to enquire what may have
been precisely_ the views of the House of Assembly. Whatever may
have been their meaning, the course of conduct which they adopted,
and the position which they assumed, seem to me to have made a
rupture with that Body unavoidable— Let it be assumed that the
principle for which they desired to contend, was by them taken in the
more moderate of the two senses already stated—and let it be
admitted further,—which certainly I am by no means prepared to
admit,—that this principle is calculated to advance the well being of
the Province,—still, as no such principle can be recognized either as
incorporated in the text, or exemplified in the practice, of the Provincial Constitution, the House was surely not entitled to adopt the
extreme measure of stopping the Supplies on this occasion. Much
indeed is it to be regretted that this great constitutional resource was
resorted to for the purpose of attempting to enforce changes in the
system of Government itself—changes more especially which neither
His Majesty's Representative in the Province nor his subordinate
Officers have power to introduce. Under these circumstances, and
with the strong conviction which you entertained as to the general
dissatisfaction of the Inhabitants with the conduct of their Representatives, I approve your prorogation and subsequent dissolution of the
Assembly.
4. The House has ascribed to you a wilful departure from truth,
on the subject of Mr Sullivan's contingent accession to the Government of Upper Canada. On this point I have already expressed to
you my opinion that your defence is satisfactory and conclusive.
5. With respect to the reservation of the Money Bills for the
signification of His Majesty's Pleasure, and the refusal of the Contingencies of the Blouse,—although I am of opinion that such measures
ought not to be resorted to, except on grounds of the most cogent
necessity, I am disposed, with the information which I at present
possess, to think that, committed as you were to a great contest, and
encountered by an unreasonable employment of Weapons reserved
only for extreme emergencies, you were justified in summoning to
your aid all the powers which the Constitution has in store for such
a crisis.
6. I now proceed to your recommendation that Mr Dunn should
be removed from the Office of Receiver General. Disposed as I am
at all times to accede to your wishes, I must own myself unable to
comply with the present suggestion. I have already said that I
distinguish favorably Mr Dunn's conduct from that of his fellow
Councillors. He is chargeable neither with the inconsistency of
Messrs Robinson, Markland & Wells, nor with the peremptory adherence of Messra Baldwin and Rolph to the demands made in the Letter
of the 4th of March.  Widely as I differ from Mr Dunn in his construe- PUBLIC ARCHIVES
G. 77
tion of the Act of 1791,1 do not presume to censure his frank & firm,
assertion of an opposite judgment, which when apprised of your dissent
he expressed his readiness not to urge to any practical consequence
inconsistent with the faithful discharge of his duty. The only other
error attributed to him is that of having written in the ordinary;,
language of courtesy respecting a proceeding of the House of Assembly,—a proceeding to which he lent no aid or countenance, and of:
which indeed he had never heard until it was officially made known to
him. So far am I from reprobating Mr Dunn's adherence to the conventional language of respect, in alluding to any act of the Representatives of the Canadian people, that I should have been ready to.,
condemn as unprofitable and as injurious to the cause of good Government, the employment of a less measured & ceremonious style.
7. On referring to the Addresses from yourself to Public Bodies
in the Province which accompany your despatches, I feel pleasure inf.
doing justice to the ability, decision and ardent zeal for His Majesty's
Service by which they are in general characterized, & to the soundness;
of many of the principles which they assert and vindicate. But I am
compelled to express, however reluctantly, a wish that some of the
expressions contained in them, had been more carefully weighed, and
that you had more studiously maintained the temperate forbearance;;
& reserve by which such compositions are usually distinguished, and
by which alone they can be effectually recommended to the respectful
and dispassionate attention of Society at large.
8. Your Dispatch of the Is* of June, N° 41, tenders the resignation I
of your Office on the ground " that you do not agree in opinion with--
" the Commissioners of Enquiry in Lower Canada," and that, " as *
" regards their policy you have not an idea in common with them,"
and because "their policy has a democratic character to which you;
I cannot justly conform." To these general remarks you proceed to
add censures of no ordinary severity of a particular act of Lord
Gosford's Administration, viz, the promotion of M. Bedard. Respecting M. Bedard's preferment it may be sufficient to observe, that you
are very imperfectly acquainted with the circumstances of the case,
and with the motives which influenced Lord Gosford's conduct. On
much more ample information, His Majesty has been graciously
pleased to approve and confirm that choice.
Your remarks respecting the Reports of the Commissioners are,
I must be permitted to think, premature, as His Majesty's decision
upon those Reports, is not yet known. I shall not enter into any
explanation of the opinions which I entertain in regard to the questions
discussed by the Canada Commissioners, nor can I advise His Majesty
to accept your resignation on the ground on which it is thus placed.
In my Dispatch which accompanied your Commission, I have
attempted to lay down with the utmost possible precision the principles on which His Majesty expects and requires you to act. These
Instructions I see no reason to depart from or to qualify. I trust
that you will steadily adhere to them as the rule and guide of your
conduct, even when they may coincide with the Reports of which
you have pronounced so unqualified a condemnation. If indeed I
were to understand your tendered resignation, as declaratory of any
purpose to administer the Government of Upper Canada in opposition
to the principles recorded in those Instructions, then, whatever pain
and regret it might cost me, I should certainly feel myself bound in
good faith and consistency to advise His Majesty to accept your
offer.   But. without an evident necessity, I will not so construe your nwy
G. 77
REPORT FOR THE YEAR .
expressions, nor permit myself to doubt that you are resolved, under
all circumstances, to conduct the Government of Upper Canada in no
other spirit, and on no other principles, that {sic) those which pervade
your original Instructions. His Majesty's Government look to no
transient results, or temporary triumphs. They seek to allay public
discontents and to promote the general good of the people, by a
resolute adherence, under every change of accidental circumstances,
to what they must esteem as sacred and immutable Rules of British
North American Policy,—Rules which will rather gain than lose in
importance, if, as I trust, a period is approaching at which the affairs
of Upper Canada may be adjusted with an Assembly prepared to
regard the maintenance of the Constitutional Rights of the other
Branches of the Legislature, as essential to the preservation of it's
own legitimate authority & privileges.
9. On the subject of your claim to be advanced to the dignity of
a Baronet, I refer you to my despatch of the 14th of June, N°
as containing the final decision of His Majesty's Government."   p. 310
Glenelg to Head.   No. 74.   Acknowledging despatch No. 17 of Downingst.,
March  21  relative to  appointment  of  Messrs.  Sullivan,  Elmsley, July25,
Baldwin  and  Allan  to  Executive  Council,   and  stating  that  His
Majesty's decision thereon will be communicated by next opportunity.
p. 342
Glenelg to Head. No. 75. Stating that he has received a letter, Downingst.,
dated April 25, from Mr. Bidwell respecting the administration of July M*
Government of Upper Canada, and that the rules of the Colonial
Office forbid his entering into communication with him unless Lieut.
Governor first has the opportunity of dealing with charges reflecting
on his administration. Lieut. Governor, before reporting, is requested
to apply to Mr. Bidwell for a copy of his letter. No personal
discourtesy was intended towards that gentleman in the course taken.
Directs that a copy of this despatch is to be sent to him. p. 343
Glenelg to Head.   No. 76.   Stating that he has received a letter, Downingst.,
dated April 27, from Mr. Rolph containing a statement of the circum- July25-
stances of resignation of late Executive Council, with comments upon
the conduct of Lieut. Governor and others concerned.   Lieut. Governor
is to apply to Mr. Rolph for a copy of his letter, and send it with
a report thereon. P- 346
Glenelg to Head.   No. 77.   Stating that he has received letter, Downing*.,
dated April 29, from T. D. Morrison imputing to Lieut. Governor a July  >
misquotation from the Report of Committee of 1835 on Grievances.
Lieut. Governor is to apply to Mr. Morrison for copy of his letter,
and send it with a report thereon. p. 350
Glenelg to Head. No. 78. Stating, with reference to his despatch P^wnhig St.,
of March 2 (No. 32), that he has advised His Majesty to grant a
charter of incorporation to the seminary of learning at Cobourg under
the title of Upper Canada Academy. He transmits an Instruction
to issue letters patent for that purpose. As the British Government is
precluded from granting assistance to the institution, Lieut. Governor
is directed to submit to Legislature the propriety of granting fitting
pecuniary assistance.   (No enclosure.) P- 352
Glenelg to Head.   No. 79.   Transmitting for report copy of letter p£™*st-<
from Arthur Beeston on subject of his removal from situation of clerk
in office of Commissioner of Crown Lands.   Directs that an inquiry
be made. P- 356 PUBLIC ARCHIVES
1836
CamberweH,
July 18.
4 Trinity
Court, Charing
July 26.
Enclosure:—
l to Glenelg.
(Copy.)
p. 358
Glenelg to Head. No. 80. Transmitting, for Lieut. Governor's
observations, copy of letter, with enclosure, from Mr. R. Baldwin,
relative to certain proceedings in Upper Canada. p. 365
Enclosures:—
(1) Robert Baldwin to Glenelg.    (Copy.)
" I take the liberty of enclosing to your Lordship a Toronto
Newspaper, of the 22nd Ultimo, and of drawing Your Lordship's
attention to the resolutions of the Constitutional Reform Society on
the subject of the appointments of places for holding the elections,
as well as the appointment of Mr Kerr as one of the Returning
Officers.—It is for Your Lordship to Judge whether the course adopted
by Sir Francis Head in these particulars, is that which would have
been pursued had it been really his desire to obtain the calm andg
deliberate opinion of the country.—
I also beg to refer Your Lordship to the reply of Sir Francis Head
to the Address presented to him on the subject of the foreign inters
ference to which he had alluded in one of his preceeding replies.—I
learn by my private letters that in consequence of His Execellency
refusing all satisfaction as to whence he had derived his information
on the subject, a letter was addressed to the authorities of the
neighbouring state of New York, and I subjoin an extract which has;
been sent me from the answer of the Secretary of State of that
Republic, which will shew your Lordship the light in which strangers
view the conduct of the Lieutenant Governor in spreading an alarm
on the subject of Foreign intervention.—
I have also taken the liberty of marking for your LordshirJH
consideration, the account of the times which, as a sort of practical
commentary on the Reply of the Lieutenant Governor to the House
of Assembly last winter on the subject of Orange Societies, are in
requisition at the public dinners of His Excellency's partisans.
In one of the letters which I have received from Toronto, my
correspondent writes, that he dreads that the consequence of the
conduct of the Government will be the agitation of independence, or
at least Elective Governors, as well as Council.—In another the writer
says he cannot venture to tell me all that he hears of the unworthy
contrivances of the Tory Party to anticipate votes, that it is still
muttered amongst them the use of location Tickets and he fears
they will dare to do so; If so, that it will hasten more rapidly the
conviction of the people that they must separate from England.—
He remarks that the use of location Tickets, at once nullifies the
Freeholders throughout the Province, and the men returned to the
Assembly must be the representatives of the Tenants at will of the
Crown, & not of the Freeholders of the Province, and adds, "you know
the people will not long bear this".—
These are the observations of Gentlemen, whom I know to be
warmly attached to the preservation of the connection between the
two countries, and to Monarchical institutions.—It is true they write
from a seat of much violence and excitement. But making every
possible allowance on that ground, when such conclusions are forced
upon the minds of such men, there can be but little doubt there is
much to alarm, even the most indifferent.
~*r» G. 77
REPORT FOR THE  YEAR .
I make these statements to your Lordship because I foresee that i83<
if Sir Francis Head is continued in the Government of Upper
Canada, and the same fatal system pursued in the administration of
its affairs, separation from the Mother Country is inevitable, and
I am most desirous that when that event takes place, I at least may
feel fully acquitted of having omitted any thing which might by
placing before Your Lordship the real state of the Country, have led
to a more happy result.—" p. 366
(2) Extract referred to in foregoing letter.
"The answer of your Lieutenant Governor dated the 28th Ult°
to the Address of the Electors of the Home District was received here
and in Albany with equal surprise & regret.—The State of New
York is not directly referred to; but our local position in relation to
Upper Canada is such that we are almost constrained to believe that
our own Citizens are intended by the designation of " Foreigners "
whose interference is deprecated.—
I gave a copy of Address to Governor Marcay [Marcy], and
he would not hesitate to notice it officially, if under the circumstances
he could do so with propriety, but he does not perceive that he can:
I am however authorized by him to say that he does believe not a
single Citizen of this State entertains the design of interfering in any
manner with the political affairs of Canada, nor has he ever heard such
a design imputed to any individual. If your Lieutenant Governor
had thought proper to communicate to the Executive on {sic) this
state the grounds on which the intimation referred to was thrown out,
a course which certainly seems due to the friendly understanding
subsisting between us, it is believed that all cause for suspicion would
have been removed so far as the Citizens of this State are concerned.—
As it is we cannot but think that Great injustice has been done to
us, by ascribing to any of our Citizens Criminal designs of which they
are innocent, and to the people of Canada, by exciting distrust and
alarm for which there is no shadow of foundation.—You may rest
assured that the universal desire of the people of this State and of
our Sister States is to maintain unimpaired the relations of friendship which happily exist between the United States & Great Britain,—
and that the Authority of this State & of the Union would be promptly
interposed to put down any attempt on the part of those subject to
their respective jurisdictions to interfere with the political concerns
of Canada, or any of the British Dominions.—It is no more than
just to the Citizens of the United States to add that a recent instance
of magnanimity on the part of Great Britain has strengthened the
desire to which I have referred and I am sure that the moral sense of
an whole community would revolt at the idea of repaying that act of
friendship with bad faith which your Lieutenant Governor, as we
suppose, intended to attribute to some of us." p. 373
Glenelg to Head. No. 81. Acknowledging despatch No. 43 of ^°wn^gS1
June 3 transmitting address from Legislative Council explanatory of u&
the address, with enclosures, of Assembly of April 15, 1835 on the
constitution and proceedings of Legislative Council. It has been
laid before His Majesty, who was gratified at expressions of attachment to his person and Government. If it should become necessary
again to take up address from Assembly, that from Legislative
Council will receive consideration at same time. P- 378 PUBLIC ARCHIVES
G. 77
1836 Glenelg to Head.   No. 82.    Reminding him that Journals of
Downingst.,   Council and Assembly for session of 1835, the lack of which is
Aug"10, particularly inconvenient at the present time, have not been received,
and directing that their transmission be expedited. p. 381
Duplicate of preceding despatch.
p. 382
Glenelg to Head. No. 83. Acknowledging address of AssembfB
of April 16, transmitted by despatch of April 21, respecting the
ejection of John Ardiel, William Jackson, and Levi Lewis from their
properties by Colonel Talbot; also despatches Nos. 47 and 49 on the
same subject. The matter was brought to the attention of Colonial
Secretary in 1833 by the parties themselves, but owing to insufficiency
of information from official sources Colborne was requested to
investigate, and to reinstate such of the petitioners as had performed
their settlement duties. No further report was received, and present
despatches do not advance the matter. Colonial Secretary reviews
the cases in the light of available information, and requests that the
former instructions be carried out, and the results of the inquiry
reported to him. p. 384
Glenelg to Head. No. 84. Stating that a memorial had been received from Capt. William Campbell, late of Glengarry Regiment
dated Toronto, June 7, 1836, complaining that he had been put to.
some expense owing to an error in Crown Lands Office in preparing^
his patent for some land in Wentworth County which he had purchased; and requesting that inquiry be made and facts reported, p. 396
Glenelg to Head. No. 85. Acknowledging address of Assembly of
April 15, transmitted by despatch No. 26, respecting appointment of
Lt Colonel Van Koughnet to command of 1st Regiment of Stormont
Militia in the room of the late Colonel French, in preference to Lt.
Colonel Donald M. McDonell. Colonial Secretary, with every desire
to meet wishes of Assembly on all occasions, cannot admit their right
to question the exercise of the Royal Prerogative in the selection of
officers to command H.M.'s troops. p. 398
Au°glo!BSt"' Glenelg to Head.   No. 86.   Transmitting copies of all corres
pondence which has passed between Colonial Office and Robert Baldwin since his arrival in England. p. 401
Enclosures:—
(1) Baldwin to Glenelg.    (Copy.)
^S& "Although not the Agent for the Petition from the House of
June 20. ' Assembly of Upper Canada lately presented to the House of Commons
by Mr Hume, I take the liberty of most respectfully requesting permission to state fully to your Lordship personally the particulars of
the late political transactions in that Province so far as I have myself
been connected with them & the principles by which I was governed
in adopting the course which I felt it my duty to take on that occasion
and also of laying before your Lordship fully and frankly my view of
the present state of the Province with reference to the great question
now at issue between the Lieut: Governor and the House of Assembly
& respectfully submitting what appears to me to be the only possible
means for preserving the connection with the Mother Country which
permit me most solemnly to assure your Lordship I am most sincerely
anxious to perpetuate. G. 77
REPORT FOR  THE YEAR .
I would take the liberty of calling your Lordship's attention to 1836
the two following facts already before your Lordship in the documents transmitted from Upper Canada—First—that it was at the
earnest solicitation of the Lieut: Governor himself and after a full
and frank explanation of my views and principles that I was most
reluctantly induced to accept a seat in the late Executive Council and
that I was afterwards compelled to resign the place thus pressed upon
me by having been called upon by his Excellency to abandon those
principles or retire from his confidence— And, Secondly that for
joining together with my colleagues, in a respectful & confidential
representation to his Excellency recommending what his Excellency
previously to soliciting me to take office knew me to consider absolutely necessary to the success of his Government, I and my late colleagues most of them servants of the Crown of long standing have
been denounced by his Excellency in his speech from the Throne, as
"having officially combined together in an unprecedented endeavour
to assume" what His Excellency considers his responsibility.—
I feel assured that when Your Lordship calls these circumstances
to mind and above all considers that "the present" to use the terms of
your Lordship's despatch to Sir F. Head "is an era of more difficulty
"and importance than any which has hitherto occurred in the history
"of that part of His Majesty's dominions" and that it is at least
possible that your Lordship may be better able to come to a satisfactory conclusion upon the subject after having it explained by one
who was considered by the Lt. Governor himself as capable of being,
in some degree at least, useful to His Majesty's government in the
administration of the affairs of the Province and who moreover was
himself in part an actor in the very affairs upon which your Lordship
is called upon to decide— Your Lordship cannot justly consider as
unreasonable the request which I now make for the honor of personally communicating with You on a subject so important to myself
personally and to the best interests of my native Province"      p. 402
(2) Stephen to Baldwin.    (Copy.)    Acknowledging his letter of Downing St.,
June 20, and stating that Colonial Secretary is solicitous at all times J™628-
to receive fullest information respecting the colonies, and at the
present more especially U. C, and thanks Baldwin for his offer. He
considers, however, that it would be more satisfactory to receive such
information and observations as Baldwin desires to impart in writing
rather than by conversation. P- 409
(3) Baldwin to Glenelg.    (Copy.)
11 have to acknowledge the receipt of a letter from Mr Stephen 4 Trinity
in reply to mine of the 20th Ultimo requesting the honour of an inter- g°urt- Crosg
view with your Lordship on the public and private grounds referred ~3u\^
to in my former letter.
As your Lordship does not deem it advisable to accede to my
request for a personal interview I will not trespass on your Lordship's
time by any further reference to myself, or the injustice of which I
and indeed all my late colleagues have reason to complain of having
received at the hands of the Lieut: Governor — More than enough is
already before Your Lordship to place this in a very strong light —
Your Lordship I feel assured cannot approve of the conduct of Sir
Francis "Head however necessary you may imagine it to be, not
publicly to comdemn it —And I can personally have no desire to
pursue the subject — I will only take the liberty of assuring your
Lordship that, as it was no desire of place that induced me to accept PUBLIC ARCHIVES
G. 77
the seat pressed upon me by Sir Francis Head, nothing but a desire
of justifying myself to the Government under which I was born, and
to which I am both by duty and affection still most warmly attached
could, as far as I am myself personally concerned, have induced me t<
trespass on your Lordship by the request. I shall take it for grantee
however that your Lordship will do us the justice to point out any
particular in our conduct on the late occasion, which in your estimation may appear culpable, or such as to call for further explanation
But, my Lord, I am deeply impressed with the responsibility
which the present state of Upper Canada necessarily throws upon every
man connected with it—As my native Country its prosperity!! |
necessarily to me an object "of the most intense anxiety—  educatec
in the warmest attachment to the  monarchical form  of  Govern
ment; believing it to be best adapted to secure the happiness of the
people; and fully sensible that it can be maintained in Upper Canada
only by means of the connection with the Mother Country, I hav   i
always been most earnestly anxious for the continuation of that i
connection—I believe it to be now endangered, I sincerely believe i
the crisis to have arrived, which is to decide the ultimate destiny of j
Upper Canada as a dependency of the British Crown—I feel there
fore that it would be criminal in me to refuse compliance with you
Lordship's request to communicate with you in writing on the subjec   j
of the present State of that Province, and the events which have
recently taken place there— At the same time I cannot but feel, that,
although there may be some advantages in this mode of communication where principles are merely to be laid down, they are more than i
counterbalanced by the disadvantages attendant upon it, or where j
principles are not only to be laid down but discussed, and the details j
connected with them, and the political situation of a country in
state of high & dangerous excitement enlarged upon and disposed of—
I shall however as clearly as I can state to your Lordship my J
view of the present state of the Province with reference to the principle contended for in the recent Memorial from the House of Assembly to the Imperial House of Commons and the value and importance J
of that principle in producing harmony among the several branches j
of the Provincial Legislature, and inspiring the people with confi- j
dence in the Home and Provincial Governments; And will conclude j
with most respectfully submitting my opinion as to the course which,
with all deference for the opinions of others, it appears to me to be ]
absolutely necessary should be promptly taken for preserving the ]
connection of that Colony with the Mother Country.—
If it is the desire of the Mother Country, which I of course j
assume it to be, to retain the Colony, it can only be done either by
force, or with the consent of the people of Upper Canada themselves—
I take it for granted that Great Britain cannot desire to exercise
government of the sword, and that she will therefore only govern the {
Canadas so long as she can do so with the concurrence of the people— j
For the purpose therefore of continuing the connection upon this J
footing it is absolutely necessary, First, that the Political Machinery 1
of the Provincial Government should be such, as shall work harmoniously within itself, without collision between any  of  it's great J
wheels; and Secondly that it should be such as that the people may j
feel that they have an influence upon it sufficiently powerful to j
secure attention not only to their abstract rights, but to their feelings J
and prejudices—Without regard to these you can govern no people!
satisfactorily or successfully. G. 77 REPORT FOR THE YEAR 1936
That the Constitution of Upper Canada, administered upon the
principles heretofore applied to it, has failed to accomplish either of
these objects a very cursory view of the history of the Colony, without
reference to your Lordship's late despatches, will sufficiently demonstrate. It may however be well to state that the differences alluded
to are of much earlier date than appears to be generally known in
this Country, or until lately to have been recollected even in the
department over which your Lordship presides— As early as in the
Provincial Parliament of 1820, an opposition respectable if not formidable both in talents & numbers existed; Some of the leading
Members of which not only expressed their entire want of confidence
in the Provincial Executive, but adopted the principle now contended
for as a part of their political creed, and assumed it as necessarily
pertaining as much to the Provincial Constitution as to that of the
Mother Country— During the whole of that Parliament the opposition
were generally in a minority—In the Parliament of 1824 and in that
of 1828 the Executive were uniformly in an inconsiderable minority—
In that of 1830, owing to circumstances to which it is not worth
while now to allude, the Executive obtained a Majority; but in that
of 1834 they were again in a Minority— So that taking the 12 years
from 1824 to 1836 the Provincial Executive have been in the Minority
for eight years and three Parliaments, & have had a Majority only
for four years and one Parliament— During the whole of this time
also the House of Assembly were constantly passing Bills which the
Legislative Council as uniformly threw out.
As therefore the present Constitution administered upon the
principles heretofore applied to it has failed in both particulars, I
mean in working smoothly itself or satisfying the people, it necessarily follows that something must be done to accomplish the objects
desired.-^- To this end four remedies have been proposed— First, to
make the Legislative Council Elective; Secondly to abolish it—
Thirdly—to concede certain isolated points, which have been earnestly
called for by the Representatives of the People; and fourthly, to put
the Executive Council permanently upon the footing of a local Provincial Cabinet, holding the same relative position with reference to
the Representative of the King and the Provincial Parliament, as
that on which the King's Imperial Cabinet stands with respect to
the King and the Parliament of the Empire—and applying to such
Provincial Cabinet, both with respect to their appointment to and
continuance in office, the same principles as those,, which are acted
upon by His Majesty with respect to his Imperial Cabinet in this
Country.
The two first remedies if not inexpedient I look upon as at least
wholly insufficient of themselves to accomplish the objects desiredr
The Third as equally insufficient of itself to do so, and the last as
the only remedy by the application of which those objects can be
attained, and Upper Canada preserved to the Mother Country—
' • First— The making the Legislative Council elective I look upon
as inexpedient; among other reasons because I am of opinion that
the Institutions of every Colony ought as nearly as possible to
correspond with those of the Mother Country— The Upper House
of the Imperial Parliament not being elective I would therefore not
have the Upper House of the Provincial Parliament elective, unless
under the pressure of an absolute necessity— I moreover disapprove
of the adoption of such a measure, at all events at present, because it is
[as?] a general principle inexpedient to make an alteration m the forms PUBLIC ARCHIVES
G. 77
of the Constitution of any country until the necessity for such changed
has been demonstrated by putting into full & efficient operation th|||
existing Constitution in all it's details: which cannot be said to have||
been done with that of Upper Canada until the Executive Counci||
is practically converted into a Provincial Cabinet for the local and
internal affairs of the Province— Had this been done ten or twelve i
years ago, when the Executive first found themselves in a decided®
and uniform minority in the Provincial Parliament, I am satisfiedS
that an elective Legislative Council would not now have been thought )
of.   And I am not without hopes, although they may prove fallacious,
that it is not yet too late, by the adoption of this principle to render^
such change in the Constitution unnecessary— But at all events, as|;-j
a remedy amounting merely to the application of an English principled;]
to the Constitution as it stands, it ought yet to be tried fully & fairlyj^j
previous to resorting to the more violent measure of a legislative^
change in the Charter— It is but right however to inform your,'J
Lordship that altho' my opinion of the inexpediency of such a change|j
in the organization of the Legislative Council is concurred in by|,j
many, I believe a considerable Majority of the Reformers of theff
Province  (which every days delay is encreasing)  think that sucbj^
change will ultimately be found necessary— After the intimation^
contained in your Lordship's despatch, and out of regard to the||
opinions entertained by us, who on this point differed from them, they||
were however willing to drop the question of an Elective Legislative^
Council until the Constitution as it is should have been fully and;
fairly tested, by the application of those principles, which have been
found so valuable and necessary in the successful working of that
of the Mother Country— And whatever may be the opinion entertained as to the expediency or inexpediency of making the Legislative Council elective, I believe none exists as to such change being;!
found wholly insufficient of itself to  accomplish the two  objects
desired— The making the Legislative Council elective might convert
that Body into an additional engine of hostility against the Executive
Government; but could never supersede the necessity for the concession of the principle contended for— Resistance to the concession
of this principle may drive the Reformers into unanimity in the call
for an Elective Legislative Council, but it will be only as a means,
and not as an end—and when that state of things arrives be assured
England will have lost the last hold upon the affections of the great
mass of the people of Upper Canada.    That such change in the
Constitution of the Legislative Council would not be found to produce
harmony between the three branches of the Provincial Government
will readily be admitted when it is remembered, that the collision
which has produced so much evil, has not been merely between the
Representative   Branch   of  the   Government,   and  the  Legislative
Council, but between the Representative Branch and the Executive
Government— The complaint has always been of the influence of
the Executive upon the Legislative Council, and not of the influence
of the Legislative Council upon the Executive Government.   It were
idle therefore to expect unanimity while you leave untouched the
main source of discord.
Secondly— To the proposal to abolish the Legislative Council,
although most of the reasons against making it elective will equally
apply, it may, in addition, be urged, that a second chamber of some
kind has, at least in modern constitutional legislation, been deemed
essential to good Government— It has not been dispensed with in G. 77
REPORT FOR  THE YEAR 1936
any of the new Constitutions of any of the neighbouring republics,
& has in more instances than one been not long since adopted as an
improvement to the political machinery of government, where the
previous constitution had contained no such provision— And moreover
the abolition of the Legislative Council has not been asked for by
any portion of the Canadian People—
As to the Third remedy proposed, that of conceding certain
isolated points, as they arise and are called for, I will only say that
the whole history not only of the Canadas, but of the Colonies in
general, shews that such course, as a means of producing permanent
satisfaction and harmony, has wholly failed— Nor indeed does it
appear to me to require much consideration to convince any one
of the insufficiency of this as a permanent remedy— In the first place,
such concessions are never made, and, under the present system, never
will be made, until after such a prolonged struggle that when they
come they are always felt to have been wrung from the Government,
and not to have proceeded from a sense of the justice or expediency
of granting them— They never remove the distrust, which is felt
Of the Provincial Executive Government— They leave untouched
the great evil of the disadvantageous comparison which is constantly
before the eyes of the people, when they look at the administration
Of the Imperial Government by the King, and that of the Provincial
Government by his Representative. They see the former always so
far consulting the wishes of his people as never to keep in his Councils
persons who have not the confidence of their Representatives: while
hi the administration of their own Government they see the mere
Representative of that Sovereign constantly surrounded by those very
individuals of whom, some times with reason, and perhaps sometimes
without, they have become distrustful & jealous— And they very
naturally ask the question why are not our Representatives to be
paid as much attention to by the King's Deputy as the Representatives
of our fellow subjects in England by the King himself? Astute
reasonings may no doubt be framed, and fine distinctions drawn upon
the subject; but this is a plain common-sense and practical view of
it, out of which be assured, it will be impossible ultimately to persuade the Yeomanry of Upper Canada— You may indeed by
strenuously insisting on the inapplicability of this principle to their
situation drive them to insist on a more extended system of elective
institutions— By refusing what no one can deny to be an English
principle— the same upon which your Lordship and your Colleagues
were selected to fill the high and important situations which You
hold in His Majesty's Councils—the same by which you at this
moment continue to retain those places, you may indeed divert their _'
attention to another direction, and drive them to call for the power
of electing their own Governor, and their own Executive, but you
never can persuade them to abandon the object of obtaining more
influence than they now possess through their Representatives in the
administration of the Executive Government of the Colony.—
I now come to the consideration of the Fourth remedy, which
consists of nothing more than having the Provincial Government, as
far as regards the internal affairs of the Province, conducted by the
Lieutenant Governor (as Representative of the Paramount authority
of the Mother Country) with the advice and assistance of the Executive Council, acting as a Provincial Cabinet, and composed of men
possessed of the public confidence, whose opinions and policy would
be in harmony with the opinions and policy of the Representatives of PUBLIC ARCHIVES
G. 77
the people— This as I have before said I look upon, not only as an
efficient remedy, but as the only efficient one, that can be applied to
the evils under which the Province is at present suffering—
I shall avoid troubling your Lordship with any observations upon
the construction of the Constitutional Act, because, not only has thj|
subject already been fully entered into in the Report of the Select
Committee of the House of Assembly, but I sincerely believe matters
to have arrived at that point, when it really signifies nothing whether
it be or be not required by the Charter— The only question wortil
discussing is, whether it is or is not expedient that the princi|«
should be applied to it. And for this purpose all that it is necessarm
to ascertain, in the first instance, is that there is nothing in the
Charter which forbids the application of such a principle— That this
is the case, as it has never been denied, and as the principle in it's
practical application consists in fact merely in the ordinary exercis*
of the Royal Prerogative, will I take it for granted be readily admitted
— The concession of the principle therefore calls for no legislatii|H|
interference— It involves no sacrifice of any Constitutional princip|B|
— It involves no sacrifice of any branch of the royal prerogatives— It
involves no diminution of the paramount authority of the Mother
Country— It produces no such embarassment {sic) to the Home Government as in the present state of the Imperial Parliament the attempt
to grant an elective Legislative Council would be almost certain to do
— From being an English principle it would strengthen the attachment
of the people to the connection with the Mother country, and would
place the Provincial Government at the head of public opinion, insteadf
of occupying its present invidious position of being always in direct
opposition to it—
But in addition to these advantages, which this remedy possesses
in an eminent degree over all others that have been suggested, it would
be found effectual for the purposes desired— Permit me to restate
those objects— They were, First that the different branches of the
Provincial Government should be brought to act in harmony with
each other, and, secondly that the people should feel that they had
sufficient influence upon their government to secure attention to tile™
rights, and respect for their feelings and prejudices— I am of opinion
that this principle if fully & fairly acted upon would effect both those
objects— An Executive Council constituted upon this principle would
from their situation as confidential advisers of the Lieu* Governor
necessarily have great influence in the House of Assembly— Their
weight in the country as well as their confidential situations, about
the person of the Lieutenant Governor, would give them great weight
with the Legislative Council. And they would of course from both
circumstances possess great weight with the Lieutenant Governor—
They would generally if not uniformly, be in one or other house of
Parliament, & would there form a centre of union, and in fact act as
a'sort of balance wheel to the Constitution— The measures which
they brought forward as they would necessarily have the previous
sanction of the Lieutenant Governor, would come recommended, on
the one hand by all the weight of Executive influence, and on the other
by the support of those, to whom the people, both from habit and
principle, had been accustomed to look with confidence— The people
would therefore be predisposed to receive their measures with satisfaction & confidence, as the fruit of the advice of their friends, and the
Legislative Council, as recommended by the Servants of the Crown,
whose interests as well as duty it was to recommend nothing but what G. 77
REPORT FOR  THE  YEAR .
was safe as well as satisfactory to the public— What it was not
deemed wise or prudent to adopt, instead of being suffered to pass
heedlessly through the Assembly, & left to be thrown out by the
Legislative Council, or negatived by the veto of the Lieutenant
Governor, would be met in the first instance and resisted; because
every step that such proposal advanced would increase the probability
of ultimate embarrassment to the Executive Council, & those whose
confidence they enjoyed; who would of course be always the most
powerful party in Parliament. Such an Executive Council would
necessarily feel a moral as well as political responsibility for the
success of their measures— Their permanent connection with the
country, as well as a sense of duty and natural desire to retain Office,
would necessarily insure their utmost exertions, not only to procure
harmony, but to produce good government— The people, when they
saw that the King's Representative would not retain men in his Councils, who had forfeited their confidence would be the more careful in
the exercise of the elective franchise, and far less likely to withdraw
their confidence from those in whom they had once found reason to
place it— That the adoption of this principle would, without vesting
the election of the Executive Council in the people, place in their
hands such an indirect influence upon it, as would be sufficient to
secure attention to their rights feelings & prejudices is sufficiently
evident— Because if such attention were not paid by those in the
confidence of the Lieutenant Governor, the people would have only to
return to the next Parliament men who would not give them Parliamentary support, and they would necessarily have to resign, and the
Lieu* Governor to appoint others who possessed the confidence of the
Representatives of the people—A, B and C would go out [of] office,
and D, E and F would come in— The Lieutenant Governor always
retaining the power of calling into action his superintending control
with respect to the measures of both the one & the other— And the
effect produced upon the interests of the Mother Country being none
other, than that the change would give satisfaction, and, at least
most probably, insure good government in the management of the
internal affairs of the Colony—
But it will be said that even under this system Collision may
arise— The Lieu* Governor may disapprove of the measures recommended by his Council, and find it impossible to form an Executive
Council which could secure Parliamentary support upon any other
terms than concession— Or the Executive Council may find it impossible to bring the two houses to an understanding upon every measure-
To which I reply, that the practicable working of the principle would
be sure to postpone such collision to the latest possible period— That
the intermediate steps of a change of the Executive Council, and of.
appealing to the people by a dissolution, would at all events give the
home Government the great advantage of not itself coming in collision
with the people till the last moment, and of ascertaining the exact
point when the question of concession would become one merely of
expediency— In addition to which I would remark that this objection
is equally applicable to the practical working of the principle in this
country— With this great difference that, supposing the people to be
wholly unreasonable in their demands, the Crown has in point of fact
no means of resistance, whereas there is in the case of a Colony, as
a last resort, the application of that power, which independent of the
influence which a knowledge of the possession of it would necessarily
give to the Representative of the Home Government m the course of PUBLIC ARCHIVES
G. 77
the previous contest, will always rest in the hands of the parent State
to be exercised when all other means fail— So that were the principle
a mere experiment, to be now tried for the first time, a Colony would;;;
be a safer subject for such experiment than the Mother Country.—
With respect to collision between the two houses, such under the|
operation of this principle is surely not more likely to happen in the %
working of the Upper Canada Constitution than in that of the|
Mother Country— And the utmost that can be done by the most
perfect system is to guard against the probability not the possibilityI
of difficulties—such collision might happen even between two elective
Bodies, and in point of fact does happen not only occasionally but
every day under the Constitution as at present acted upon, and at the;
worst such a case would be open to be disposed of in the same way asj
a similar one in England, with this difference only, that the appoint-1
ment of a batch of new Legislative Councillors, is not subject to the|
same difficulty that the creation of new Peerages is, as the seats of^
Legislative Councillors are not hereditary.   And finally the ultimate :-
resource of making the Legislative Council elective, if indeed it be]
still found necessary to do so, will be as open to be taken as ever—   I
It is objected that the concession of this principle is inconsistent
with the preservation of the paramount authority of the Mother
Country— With respect to this I would remark that it does not appear|
to be more so than the concession of the power of legislation—In the?
one case you vest the power of legislating on the internal affairs ofl
the Colony in a local Parliament, with the consent of the King's!
Representative— In the other you have the Executive power in the!
hands of the King's Representative, requiring only that it should be|
exercised with the advice of persons, named by himself but possessed
of weight and influence with the people whose local affairs he is|
deputed to administer—
It is objected that it would interfere with the patronage of the
Lieutenant Governor— This also appears to me to be an error—
The power of appointment to Office would remain in the Lieutenant
Governor as at present— The right of advising is all that is claimed
for the Executive Council— If such be considered an interference,
it is such as can be exercised, alone, to prevent mischief— But suppose
that it actually deprived the Lieu* Governor of every vestige of i
patronage—the simple question is, is the patronage in the hands ofl
the Lieutenant Governor the great object for which England desires!
to retain Upper Canada—If this be indeed the chief or only object let
it be candidly avowed— I will only remark that, the people have;
been heretofore induced to believe that the Home Government were
actuated by other and loftier motives—
It is objected that it would lessen the responsibility of the
Lieutenant Governor to the Home Government— This is a mistake,
every act of of {sic) the Provincial Government would be the act of
the-Lieutenant Governor, requiring his full consent quite as much as
at present— How would he be less responsible to the King and!
Parliament of the Empire, because he acted upon the advice of those*
who had the confidence of the people? The Lieutenant Governor is
the connecting link between the Government of the two countries—
You cannot make him responsible to the people of the Province—sucht
would be wholly inconsistent with the respect due to the Sovereign;
whom he represented, and fatal to the connection between the two
countries—The proper place for his responsibility to rest is in
England— But you must give the people such an influence upon their G. 77 REPORT FOR THE YEAR 1936
Executive government as will prevent the constant jealousy to which
it is at present exposed.—You can do so, only either by permitting a
direct influence, by vesting the election of the Executive in the hands
of the people, which I look upon as inexpedient and unsafe, or you
must give them that indirect influence, which they see constantly
exercised by their fellow subjects, through their representatives in
this country—
With respect to the objections that the application of this prin-
. ciple would lead to the Executive Council falling into the hands of a
few metropolitan families, I would remark that it seems much less
likely to have that effect than the present system, and that, if it had,
it would be an evil for which the people would have to blame themselves only, and therefore not one which could be attributed to the
Home Government, or their Representative the L* Governor, and
above all one the remedy for which would be in their own hands—
The same may be said as to the rather inconsistent objections, that it
would lead to too many changes, and that there are not persons
enough in the Province qualified to fill the Office of Executive
Councillor—
But it is pietended that the people of Upper Canada are opposed
to having this indirect influence upon the Executive in the hands of
their Representatives— Premising that the real value and importance
of the principle itself cannot depend either upon what the people
really think upon the subject, or what they may by violence and
misrepresentation be persuaded to afford reasons for supposing that
they think, I proceed to remark that the proposition appears absurd
on the face of it— It is like an attempt to make one believe that a
thirsty man has an objection to receive water, or a hungry man
food— But what is the fact? As I have already stated, this is no
new principle, brought forward for the first time on the present
occasion—It has been before the people more or less prominently,
since 1820— In 1828 or 1829 it was introduced into the Address in
reply to the speech from the Throne, and continued to be so except
during the Parliament of 1830, in which the Administration had a
Majority—and of course when the Executive are in the Majority
is not the time for the practical application of the principle—But in
1835 it was made the subject of solemn appeal to the Home Government in an Address to the King, passed by a Majority of twenty one
votes, in which His Majesty was informed, that, until the principle
was acted upon, it could not be expected that the Administration
would give satisfaction or that there would be any real or permanent
harmony between the government and the Representatives of the
people— The Addresses presented to Sir Francis Head since the prorogation of the last Provincial Parliament, are depended upon as
shewing that the people are opposed to the concession of this principle— if SUch really be the opinion of the people, it is, to say the
least of it, somewhat remarkable, that no expression of that opinion
took place after the close of the Session of 1835—Altho' in the very
address to which I have referred the Assembly intimated their
intention of withholding the supplies, if their voice was not heard;
that even after the resignation of the late Executive Council a Resolution declaring it to be the opinion of the House of Assembly" that
| the appointment of a responsible Executive Council to advise the
"Lieutenant Governor on the affairs of the Province, was one of the
I most happy and wise features in the constitution, and essential in
I our form of Government" was adopted, with but two dissenting PUBLIC ARCHIVES
G. 77
4 Trinity
Court,
Charing Cr
July 16.
voices, out of a house of fifty five Members, and that it was not untile]
■ sometime afterwards, that exertions began to be made to excite even
the Tory party against the late Council, and all who thought with
them— This is not the first time that a Colonial Lieut: Governor has^
had resort to adulatory Addresses in order to give a colouring to his|'
proceedings in reporting them to the Home Government—The ease|
with which such Addresses can be procured is either not known or|
never considered— The Addresses to Sir Peregrine Maitland in 1827
or 8 were not less violent in their language against the majority of'
the then Assembly than have been both the Addresses and Replies
on the present occasion, and yet the general election which followed
left the Executive government in a minority as small, if not smallerM
than in the preceding Parliament.
But should Sir Francis Head by violence & intimidation unhappily succeed in procuring a Majority in the next Provincial Parlia-j
ment do not suppose My Lord that there will be less necessity forg
the application of this principle—New difficulties will daily spring
up, and when once the delusion under which the popular mind has
been acted upon has passed away, it will return with double pertinacity, not I fear merely to the principle now asked for, but to changes^-
of a more extensive and organic character. Time, I am persuaded.?
will convince your Lordship of this, I tremble lest that conviction
should arrive too late to prevent the consequence which I deprecate-
To conclude My Lord, I most earnestly recommend not only as
expedient but necessary for the preservation of the connection
between this Country and Upper Canada; First, that His Majestys^
Imperial Government should at once adopt the final determination,
that the Provincial Government, as far as respects the internal
affairs of the Province, should be conducted by the Lieutenant Governor, with the advice and assistance of an Executive Council, acting
as a Provincial Cabinet; and that the same principle on which His.
Majesty's Cabinet in this Country is composed, should be applied
and acted upon in the formation, continuance in office, & removal of
such local Cabinet.
Secondly that this resolution of the Home Government should
be inserted in the shape of a specific clause in the General Royal
Instructions for the government of the Province, & formally communicated to both Houses of the Provincial Parliament: And Thirdly
that Sir Francis Head should be recalled, and a Successor appointed,
who shall have been practically acquainted with the working of the
Machinery of a free Representative Government—
I have now stated to Your Lordship my views & opinions, and I
am_ready to afford any farther explanations that Your Lordship may
desire—I may of course be mistaken in both, but I assume your
Lordship that I am in my own mind most firmly persuaded, that,
unless the course above recommended be promptly adopted and
pursued, it will be wholly out of the power of the Mother Country
to preserve the affections of the Upper Canadian people, although
it may of course, for a time continue to retain them in subjection to
her authority—" p_ 412
(4) Baldwin to Glenelg.    (Copy.)
"In the letter which I had the honor of addressing to Your
> Lordship on Tuesday last, I frankly explained my own views and
opinions; and informed your Lordship of the extent to which I was
convinced they were concurred in by the people of Upper Canada— G. 77
REPORT. FOR  THE  YEAR 1936
4 Trinity
Court,
Charing Cross,
All however that was asked in the Representation from the late 1836
Executive Council to the Lieutenant Governor, was that the Council
should be consulted on the affairs of the Province, or the public made
aware, generally, that they were not uniformly consulted upon them—
I feel it a duty to call your Lordships attention to this circumstance,
because I cannot state that all my late colleagues concur to the full
extent in my views and opinions, and it would be uncandid towards
you, and might be unjust to them, to permit your Lordship to
suppose that they went farther than the Representation itself set
forth—And your Lordship will perhaps permit me to take this
opportunity, the last which will most probably present itself, of doing
those gentlemen the justice of stating to your Lordship, that, from
all that passed during the short period of my official connection
with them, & for some of them certainly I entertained no political
predelictions which could have mislead my judgement in this particular, I am fully convinced, that, in making the Representation to Sir
Francis Head, they were actuated by the most earnest desire to
afford their best assistance in preventing embarrassment and
ensuring to him a prosperous & satisfactory administration of the
Government—" p. 486
(5) Grey to Baldwin.    (Copy.)    Acknowledging letter of July Downingst.,
26, and stating that copy of it will be sent to the Lieut. Governor July3()-
for his observations. p. 490
(6) Baldwin to Glenelg. (Copy.) Requesting to be informed
if a decision has been reached on the pointe specified in his letter
to Mr. Hume of June 14, which had been forwarded to Colonial
Office. His Majesty's decision on bills for improvement of roads,
lighthouses, and War Losses would not seem to require protracted
consideration. p. 492
(7) Grey to Baldwin. (Copy.) Acknowledging letter of July
28, and stating that Colonial Secretary, while sensible of the deep
interest the writer must take in whatever relates to the administration
of affairs in Upper Canada, and desirous of manifesting towards him
personally the respect and courtesy due to him, cannot impart to
one not in an official representative capacity information of the
character sought. For policy of Government refers him to the published despatch of Glenelg to Sir Francis Head. p. 495
(8) Baldwin to Glenelg. (Copy.) Transmitting printed copy
of address of May 14 from Reform Alliance Society, which was in
answer to Lieut. Governor's speech proroguing the Legislature.
(No enclosure.) P- 498
(9) Grey to Baldwin. (Copy.) Acknowledging his letter of
Aug. 4 with enclosure. P« 500
(10) Baldwin to Glenelg. (Copy.) Transmitting, at instance of
editor of the Correspondent and Advocate of Toronto, a deposition of
J. H. Price and an extract from letter of Dr. O'Grady; adding that he
is forwarding them solely at request of that gentleman, as he has
already, in his interview with Lord John Russell, taken the only
notice he will condescend to take of the rumors to which reference
is made. 1 501
(11) Rev. Wm. J. O'Grady to Baldwin. (Extract.) Stating that
it has been rumored that Lieut. Governor had informed Colonial
4 Trinity
Charing Cross,
Court,
Charing Cross,
Aug. 12. PUBLIC ARCHIVES
G. 77
Office that Dr. Rolph and R. Baldwin were authors of the rejoinder
to Lieut. Governor's reply to address from inhabitants of Toronto, I
and enclosing affidavit from J. H. Price contradicting statement. It
was also asserted in the Toronto Courier that certain members of
the late Executive Council, including Messrs. Markland, Dunn, and I
Robert Baldwin, together with W. W. Baldwin and Dr. O'Grady,
were in the habit of holding midnight cabals to embarrass the local
Government. This is denied emphatically. The acquaintance between
them (R. Baldwin and O'Grady) has been of the slightest for four
or five years. P- 503
Sub-enclosures:—
(11-No. 1) Affidavit of J. H. Price. Certified by T. D. Morrison.
(Copy.) p. 508
(11-No. 2) Certificate of Lieut Governor that Morrison is the
Mayor of Toronto.    (Copy.) p. 512
(12) Baldwin to Glenelg.    (Copy.)
" I have the honor to acknowledge the receipt of a letter from
Sir George Grey of the 4th instant, in reply to my letter to your
' Lordship of the 28th Ultimo.
Sir George Grey, while he informs me of your Lordship's declining
to afford me the information requested, expresses your Lordship's |
desire to manifest towards me, personally, respect and courtesy—I
While acknowledging your Lordships politeness in this particular, you I
will excuse me for expressing my full consciousness of respect &^
courtesy being both, as your Lordship admits, my due.   And permit-f
me to assure you, that I should never have done your Lordship the I
injustice of assuming that any course, which you might deem it
your duty to take, could have been meant to shew want of personal
respect or courtesy, my right to which I knew that I had never I
forfeited.
Nothing, as I have before assured your Lordship, could have
induced me to trespass on your attention, but a sense of duty arising
from what I believed, and still believe, to be a peculiarly dangerous
crisis in the political affairs of Upper Canada; And, your Lordship
will, I am sure, give me credit for being free from any desire to violate
any settled or necessary Rule of Official correspondence.
Since I last had the honor of addressing your Lordship, it appears
by the accounts in the public papers, that Sir Francis Head has
succeeded in procuring a Majority of Members ready to support him
and his present Council in the New Parliament—I candidly admit to
your Lordship, that I did not believe that His Excellency with all his
official influence, and all the violence to which he has resorted, would I
have been able to have accomplished this—
The event of these elections does not however in the least lessen
the necessity for the adoption of the principle contended for in the
working the Machinery of the Provincial Government; though it will
of course postpone the period for again calling for it's practical
application—I however once more take the liberty of intreating your
Lordship, not to suffer yourself to be led away with the supposition,
that the people of Upper Canada are opposed to the principle—They
may be in favour of Sir Francis Head, & his present Executive Council,
but to suppose them opposed to the principle, in itself involves, if
not an absurdity, at least a conclusion so inconsistent with the G. 77
REPORT FOR  THE YEAR 1936
natural impulse of the human mind, as to render the adoption of such 1836
supposition, a certain foundation of future mischief. The Upper
Canadians see this principle in full & beneficial operation in the
Mother Country, and they will not be satisfied with being told that
though very good for their fellow subjects in England it is very
unfit for them— The fact of the Government having appealed to
the people by a dissolution and awaited the result of that appeal
is it is true, of itself, as far as it goes a practical application of the
principle contended for—but I cannot omit this opportunity of once
again urging the expediency of your Lordship not losing the present
opportunity of confirming the attachment of the people to the Mother
Country, by an open and direct avowal that the principle thus already
so far applied is in future to be fully carried out, and uniformly acted
upon— Such a course would, I firmly believe, conciliate affection and
confirm confidence— Both which, your Lordship may be assured, are
most necessary to the preservation of the connection between the two
countries— Let the present opportunity pass, and one so favourable
may, most probably will, never again occur
I cannot close without adverting to a Report and Address from
the Legislative Council of the 19th April last, which, I have only seen
within these few days, though no doubt it has been sometime before
your Lordship— I do so, because, without at present adopting all
it's conclusions, or feeling myself competent to pronounce upon the
accuracy of it's statements, it appears to me to contain a forcible
illustration of the utter inefficiency of the system heretofore adopted
in conducting the Provincial Government of Upper Canada— And
your Lordship will see that the want of Executive servants to conduct
the legislative business of the Government through Parliament is in
the last paragraph but one distinctly though delicately pointed at—
I shall trouble your Lordship no further, I have now done all
that Was in my power to avert the consequences which I apprehend—
My opinions have been avowed with equal frankness to the
Representative of the King in the Province, and to His Majesty's
Government in this country, and the consequences which I anticipate
from the adoption of a different line of policy from that which I have
respectfully recommended, explicitly pointed out to both— over the
result I have, of course, no controul, although I shall necessarily be
involved in it's consequences— I feel however that I have now
discharged my duty, and your Lordship will I am sure be my
witness, that I have omitted nothing, which was in my power, that
could tend to impress His Majesty's Government with the importance,
which I attached to the principle, and the necessity, which I conceived
to exist for its prompt and avowed application as a permanent
principle of Government to the Provincial Constitution.—"        p. 514
(13) Grey to Baldwin. (Copy.) Acknowledging letter of Aug. 12, Downing st.,
and stating that until the receipt of this letter Colonial Secretary had   ug'
never heard that the rejoinder in question published in Correspondent
and Advocate was attributed to Baldwin, and that certainly no assertion of that nature had been made by Lieut. Governor. p. 528
Glenelg to Head.   No. 89.   Acknowledging despatch No. 53 of Downing St.,
June 25, and stating with reference to claim of Francis Raynes for Aug-20-
compensation for having been deprived of certain land in Township of
Cavan, that he sees no reason for varying decision of Colbome on
this claim. P- 530 PUBLIC ARCHIVES
G. 77
1836 Glenelg to Head.   No. 88.
Downing st., " \ have the honor to enclose for your information a Copy of a
Return which has been presented to the House of Commons in pursuance of an Address of that House to His Majesty adopted on the^
Motion of Mr Hume M.P.—
I am aware, from a Comparison of the dates, that at the time
when you received the Address of the House of Assembly of Upper
Canada, a Copy of which is contained in the enclosed Parliamentary
Paper, you could not have been aware of the proceedings which had;
taken place in the Month of February last in the House of Commons
relative to Orange Lodges, and that you could not at that time have
received my Despatch of the 27th of February transmitting to you a
Copy of the Address to the King from the House of Commons on this I
subject, and of H. M's answer to that Address— On the recent occasion I:
of some observations reflecting on your conduct with reference to this
question being made in the House of Commons, Sir George Grey
felt it his duty distinctly to state this fact to the House as materially:
affecting any opinion which might be formed of the policy or propriety of the terms of your answer to the Address to the Assembly of |
Upper Canada.   I need scarcely observe that there is nothing which ^
H. M. Gov* would more deeply regret than that while their unremrt-v|
ting endeavours are directed in this Country,  and especially in|
Ireland, to check the evils which have been engendered by religious |
differences, and to put a stop to the irritation and violence which |
Party Processions  are  calculated to  produce, any  semblance  ofl;
indifference to the same important object should be manifested by
H. M's Representatives in other parts of His Dominions   I am very'r.
far from assuming that you do not cordially enter into the views of>
H. M. Gov* on this subject; and I should be doing you a great injustice^
if I could admit a question as to your zealous Co-operation with them*
in discountenancing those passions & animosities which, especially
when connected with religious differences, are the fruitful sources of
innumerable evils, and throw the greatest obstacles in the way of the,
welfare and prosperity of any Country.    I have, however, felt it
incumbent on me to call your attention to this Return in the fulll
Confidence that it is your purpose to administer the Gov* which His^
Majesty has Confided to you with the strictest impartiality, and|
with the single object of advancing the real interests of every class of |
H. M. Subjects in the province." p. 532
Enclosure:—
Return to Address of House of Commons, dated July 28, 1836, for
papers relating to Orange Lodges in Canada. Contents: (1) Circular
to the Colonies respecting Orange Lodges; (2) Address of Assembly
of Upper Canada respecting Orange Lodges, and reply of Lieut.
Governor; (3) Opinion of H. M.'s Attorney and Solicitor General
of U. C. on the subject of Orange processions.    (Printed.)       p. 554
Glenelg to Head. Stating that application has been received from
G. H. Markland, an U. C. Council member, for the appointments of
Commissioner of Crown Lands and Commissioner for sale of Clergy
Reserves in the event of resignation of Mr. Robinson from those offices,
and requesting that Markland be informed of Colonial Secretary's
regret that he cannot comply with request. p. 537 G. 77 REPORT FOR  THE YEAR 1936 44
Glenelg to Head. No. 90. Transmitting for immediate attention 1836
copy of address from House of Commons for information on points DownineSt-
connected with granting of land in Canada. p. 538    • a'
Enclosure:—
Address of House of Commons.    (Copy.)
p.   539 Aug. 20.
Glenelg to Head. No. 87. Transmitting warrants for summoning Downingst.,
to Executive Council R. B. Sullivan, John Elmsley, Augustus Bald- Au«-2i-
win and William Allan.   The fees, £31-19 each, are to be transmitted
to Senior Clerk of Colonial Office.   (No enclosure.) p. 545
Glenelg to Head. No. 91. Acknowledges despatch No. 55 of June Downingst..
24, and notices that no steps were taken by the Legislative Council Au&w-
and Assembly to consider the suggestions in his despatch of June 15,
1835 for certain alterations in the bill passed by both Houses for
establishment of the Upper Canada Insurance and Trust Company.
Colonial Secretary, surmising that inattention was due to peculiar
circumstances of the session, desires that the despatch may be again
laid before the Houses in the hope that it may receive dispassionate
consideration. In the meantime, action upon the bill will be suspended, p. 547
Glenelg to Head. (Circular.) Directing that no measure of the Downingst.,
Colonial Legislature altering the value of current coins or affecting Aug-31-
local currency or circulating medium, or authorizing issue of promissory notes by Government or bodies corporate, be sanctioned by
Lieut. Governor until H. M.'s pleasure thereon be signified,     p. 552
G. 78 (1836)
Glenelg to Head. No. 93. Stating, with reference to his despatch Downingst.,
No. 73 of July 25, that in view of the entire change of circumstances Sept-6-
His Majesty has confirmed the several money bills passed by Provincial Legislature, and transmitting Order in Council to that effect.
In taking this course there is no intention of departing from the view
expressed in that despatch as to the propriety of Lieut. Governor's
conduct in reserving the bills, but, as inconvenience could not but
result from prolonging the suspension of the sanction, Colonial
Secretary feels much satisfaction at being relieved from necessity
of further perseverance in that course.    (No enclosure.) p. 1
Glenelg to Head.    No. 94.    Transmitting copy of letter from DowningSt.,
J. P. Carey in which he claims £50 expenses for conveying a bag sept. 6.
of despatches (Nos. 53, 54, 55) to England.   As these despatches were
not of an importance to warrant services of a special messenger, and
as no report on the subject has been received, information is awaited.
p. 4
Enclosure:—
Carey to Grey.
(Copy.)
Glenelg to Head.   Acknowledging despatches Nos. 42, 48, 50 to Downi
62, 64, 65, and Private despatches of June 16, and July 20 and 30.      sePt.s
' p. 10 PUBLIC ARCHIVES
G. 78
Glenelg to Head.   No. 95.
11 have to acknowledge the receipt of your Despatches of the
8th July N° 56. reporting the result of the recent Elections for the
New House of General Assembly of Upper Canada—of the 16th
July, on the subject of the Mission of Mr Duncombe, a Member of
that House to this Country—and of the 23d July N° 60, on the
subject of the proceedings which you propose to adopt on the meeting
of the New Assembly— My motives for acknowledging & answering!
these despatches together, will appear in the sequel.
His Majesty Commands me to signify to you the satisfaction
with which he learns that the Appeal made by you in His Majesty's
name to His Faithful Subjects in Upper Canada, has been answered
by them in such a manner as fully to justify the Dissolution of the
late General Assembly. The King is pleased to acknowledge with
marked approbation the foresight, energy and moral courage by
which your conduct on this occasion has been distinguished.
It is peculiarly gratifying to me to be the channel of conveying
to you this high and honorable testimony of His Majesty's favorable
acceptance of your Services.
In your Despatch of the 8th of July, you renew, even with
increased earnestness, your demand for advancement to the dignity
of a Baronet, and express very strongly an opinion, the correctness
of which I have no reason to distrust, that a compliance with your
request would greatly facilitate the future conduct of your Govern^
ment. After the unreserved acknowledgement which the King hasj'
been pleased to make of your claims on His Approbation, it is almost;
superfluous to say that His Majesty's Confidential Servants have
not approached the consideration of this subject without the strongest;
inclination to gratify your wishes. They have felt it to be a question
demanding great deliberation, because such an accession of rank
conferred at the present moment, would carry with it the most public;
and emphatic sanction which it is in His Majesty's power to bestow
upon the measures which have distinguished your administration of
the Government of Upper Canada.
On referring to the Despatches which I have addressed to you
since your arrival in the Province, you will perceive that it has been
my good fortune, to have been able to approve every considerable
measure which you have adopted and reported to me. Some
occasional & minor differences of opinion may, indeed, have subsisted
between us—but not more important or numerous than such as must,
in the conduct of public affairs, occur between those who claim for
themselves, and respect in each other, the free exercise of an
independent judgement. I am, therefore, happy to think that no
reason for withholding or delaying the grant of a Baronetage could
be derived, from a consideration of the publicity which would thus
be given to His Majesty's favorable estimate of your past Services.
! But to the immediate indulgence of the wish to confer on you
this dignity an unexpected impediment has very recently arisen—
On the day before the prorogation of Parliament, a Petition from
Mr Duncombe was presented to the House of Commons, in which
that Gentleman, claiming for himself the credit due to him as a
Member of the Assembly of Upper Canada, and pledging his personal
honour to the truth of his statements, made various allegations
impugning your character and conduct in respect to the recent Elections. Your Despatch of the 16th July, had unfortunately not then
reached me, but Sir George Grey in his place in the House i G. 78 REPORT FOR THE YEAR 1936
in the strongest terms his disbelief of those accusations, and his
opinion that to prefer them in this Country, where they could not
be subjected to any enquiry, rather than in the Province itself, where
their truth might have been immediately investigated, was an act of
injustice towards you. He pledged himself, however, that you should
receive a copy of the Petition, for such explanation as you might be
able and disposed to offer. In fulfilment of that pledge a Copy of
that Petition accompanies this Despatch.
I adopt the opinions thus expressed by Sir George Grey. His
Majesty's Ministers are convinced that it will be in your power to
repel every part of Mr Duncombe's charges. This was indeed their
persuasion even before the arrival of your Despatch of the 16th July,
which, however, although of necessity only general in its terms, is
abundantly calculated to set at rest every anxiety on the subject.
If, then, it were necessary to refer only to personal conviction,
there could be no reason for any delay in granting what is so anxiously
sought. But this is an occasion on which it is not permitted to public
Men to substitute the persuasion, however confident, of their own
minds, for proofs which would be equally satisfactory to others. A
charge vague and general in it's nature, or proceeding from an
anonymous or unworthy antagonist, might have been passed over
without notice. But this is an accusation specific as well as grave,
and preferred before the House of Commons by a Gentleman who
has himself the honor of a Seat in the Provincial Assembly. Such
imputations, advanced on such authority in such a place, are entitled
at least to that degree of respect which shall secure for them an
attentive hearing and a patient enquiry.
It remains, therefore, that you should furnish me with your
answer to Mr Duncombe's Petition and I have his Majesty's permission to assure you that if, as I cannot doubt, that answer shall
prove complete & satisfactory, the rank of a Baronet will be immediately conferred upon you.
Having acknowledged the receipt of your Despatch of the 23a
of July N° 60 in which you request authority to retract the assurance
given by His Majesty respecting the future appropriation of the
Revenues of the Province, I cannot close this communication without
adverting to the general policy which, under the present aspect of
affairs in Upper Canada, His Majesty expects, and requires, you to
pursue. As our official intercourse is distinguished on your side by
a becoming frankness in the expression of your opinions, so I am
persuaded that I shall best consult your wishes, and manifest my
respect for your character, by addressing you with a corresponding
freedom from reserve.
When you were about to leave this Country, I addressed to you
instmctions for your guidance on every question which was at that
period in debate with the House of Assembly of Upper Canada. In
the selection of topics, I was guided by the occurrences of that
particular period.
But the principles on which my instructions were founded, were
of no occasional or transitory nature, nor were they adopted only to
meet the exigencies of the moment.— They were on the contrary the
result of long and earnest reflection on the state of public affairs, not
merely in the British Empire, but throughout the civilized world.
It appeared to my Colleagues and to myself, that in a firm and
consistent adherence to those principles would be found the best bond
of Union between the transatlantic and the European dominions of
the Crown. PUBLIC ARCHIVES G. 78 \
The Experience of the last few months has not shaken this con- j
viction, but has rather given to it additional strength. If I stoodi
in need of any authority to prove the wisdom of the policy dictated I
by your original instructions, I should refer to the frequent mention
of them in your despatches as having carried you through the conflict^
in which you were engaged.
By proving that the British Government had no narrow or selfislH
ends to pursue in British North America—that they were resolved'!
at once to maintain the existing constitution, and to remedy every
real grievance—and that it was their sole aim that the Province ;
should prosper in the enjoyment of all the franchises enjoyed by His J
Majesty's subjects or their Representatives in this kingdom, one most
essential object has been gained.
The well affected have been detached from a dangerous alliance
with the opponents of order and tranquillity— The recent appeal to I
the people has been made in the name of a Sovereign whose claims :
to the gratitude & confidence of his subjects had been enhanched by j
the recent avowal of his gracious & enlightened purposes— The I
constituent Bodies have accordingly rallied round the Representative I
of their king.
The temper of the last House of Assembly and the manner in I
which they received His Majesty's gracious answer to their remon- ;
strances afford conclusive proof that by dissolving them you overcame
an otherwise insuperable obstacle to the success of the measures
directed by your instructions— Your Report of the composition of the %
New House justifies the sanguine hope that important facilities have
now been obtained for the prosecution of those measures— Thus far|
an invaluable service has been rendered— But on the use to be I
hereafter made of the powers which you have thus acquired, it will J
depend whether the result is upon the whole a subject of congratulation I
or of regret—
You propose that the influence and authority of the Government
in the New Assembly should be exercised in the retracting of a
pledge solemnly given by the King to the Province.   I must answer
that there is no danger which ought not to be encountered, nor any I
inconvenience which should not be endured, in order to avoid the
well founded reproach of a breach of faith—above all on such a
subject, and on such an occasion— By the engagements into which I
the King has entered, His Majesty will abide, not indeed indifferent ^
to the possible issues of that decision, but prepared for any consequence inseparable from the observance of his royal word.
It would be unjust to attribute to you any design to recommend
a violation of His Majesty's promise. The advice which you offer
you justify on the ground that the conduct of the late House of
Assembly had too clearly proved the contemplated arrangement to
be neither safe nor prudent.
Your proposition therefore in effect is that a pledge entered into
with a view to the public good ought not to be maintained after
more recent experience has proved that the public good would not
really be promoted by an adherence to it,—and this you assume to
be the case in the present instance. On this point, however, I must
beg to differ from you— The assumption on which your argument
proceeds, identifies in character the last & the present Houses of
Assembly— It ascribes to the new Representatives of the People
those designs & principles which led first to the dissolution, and then
to the rejection of their Predecessors— It plainly asserts, or neces- REPORT FOR THE YEAR 1936
G. 78
sarily involves the assertion, that the Representatives of the People 1836
of Upper Canada from whatever class of Society they may be chosen
are unworthy to be trusted with the appropriation of the Revenues
of the Province, & will be led on by every concession to new encroachments & usurpations.— If compelled to reason on this basis, I should
be irresistibly urged to consequences far exceeding those which you
have stated or perhaps contemplated.— But I entertain a very different
opinion— For the support of the Constitution in Upper Canada I
would with confidence appeal to the good sense, the loyalty, and the
public spirit, of the Inhabitants at large.
At this distance, it is more easy perhaps than on the scene of
action itself, to look dispassionately at the triumph of the moment,
and to estimate with a sober and cautious foresight the ultimate
results of what is now passing. Without digressing into topics, on
which I am unwilling without necessity to enter, I would only express
my belief that if your present success be used for the introduction of
what you describe as "Acts of a stem & decisive nature", we shall
throw away the fruits of the victory which you have gained, cement
again that alliance which has for the time been broken up, & provoke
a second reaction to which I know not how any effectual resistance
could be presented—On the other hand, by a firm adherence to the
plighted faith of the Crown, by a frank redress of every real grievance,
by a cordial concession of every just demand, and by a resolute
opposition to demands of a revolutionary character, we shall I trust
secure every object which is of any real moment, and even in the
event of failure, shall stand absolved before God and our Country
from the Reproach of having brought upon ourselves public disasters
by the dereliction of any duty or the abandonment of any principal—
In a word, His Majesty Commands me to state that with regard
to Canadian policy His course is irrevocably taken by the instructions
which you have received—that he will fulfill every promise contained
in them faithfully and completely, and that a zealous & cordial
cooperation on your part in prosecution of the system of policy thus
solemnly announced is the condition upon which the administration of
the Province can be continued in your hands." p. 11
Enclosure:—
Petition of Charles Duncombe, member of the Assembly for
Oxford, stating that he had been deputed by the Reformers of Upper
Canada to lay before the House of Commons the dangerous condition
of affairs in Upper Canada, due to the maladministration of the Lieut.
Governor. He sets forth in some detail a number of statements in
support of his contentions, and requests an official inquiry.    (Copy.)
p. 35
Glenelg to Head.   No. 96.   Transmitting, with reference to des- Downingst.,
patch No. 95, correspondence with Dr. Duncombe. p. 49 apt.1 •
Enclosures:—
(1) Grey to Duncombe.    (Copy.)    Transmitting copies of a Downing st.,
letter from Mr. Hume and answer; and requesting that any commun-  "«•  ■
ioations Duncombe  desires to  make be in writing so that they
may be sent to Lieut. Governor for any explanation he may wish to
offer. P-52
Sub-enclosures:— s
(1-No. 1)  Joseph Hume to Grey. (Copy.) Introducing Dun- A£Vn q"
combe, who has come to England at request of Reformers of Upper
40579-4} PUBLIC ARCHIVES G. 78
Canada to lay before Colonial Secretary important facts relating to I
the late elections; also, stating that he himself is presenting this day a
petition to House of Commons against Head's administration,    p. 63 I
(1-No. 2) Grey to Hume. (Copy.) Stating, in reply to his letter
of Aug. 19, that a copy of the petition will be sent to Head for such
observations as he may consider necessary for vindication of his
character. Any additional statement Duncombe desires to make
should be in writing, in order that Lieut. Governor may have opportunity of offering explanations. p. 65
(2) Duncombe to Grey. (Copy.) Stating, in reply to his letter of
Aug. 20, that he wishes to defer his statement until he is in possession
of further facts which he is expecting. p. 54
(3) Duncombe to Stephen. (Copy.) Stating, in reply to letter of
Sept. 1, that he is anxious to see Colonial Secretary as he has some
facts to disclose which cannot be put in writing. p. 56
(4) Stephen to Duncombe. (Copy.) Stating in reply to letter
of Sept. 3 that Colonial Secretary is out of town. p. 57
(5) Duncombe to Glenelg. (Copy.) Stating that his desire to
have a personal interview arises from fact that he has a private letter
from a correspondent which might without impropriety be shown to
his Lordship, but which, if made public, would expose the writer to
resentment of Executive Government. p. 58
(6) Stephen to Duncombe. (Copy.) Stating in reply to his letter
of Sept. 5, that Colonial Secretary cannot receive a communication
inculpating a governor on any terms that would forbid the disclosure of the charge to the person affected; nor does he credit the suggestion of resentment on the part of Sir Francis Head on account of
any frank and respectful statement respecting his administration, p. 60
Glenelg to Head. No. 97. Stating that he has received from Rev.
Egerton Ryerson an address, dated June 13, to His Majesty from the
ministers of the Wesleyan Methodist Church in Canada, and requesting that they be informed through their president, the Rev. W. Lord,
of the King's gratification for the sentiments of attachment expressed.
p. 68
Glenelg to Head. (Circular.) Directing that no private letters
be forwarded with public despatches from the colonies. p. 71
Glenelg to Head. No. 98. (Duplicate.) Transmitting copy of
memorial from Dr. Duncombe soliciting a patent in fee simple for
certain lands in Township of Brantford which had come under the
class of forfeited estates; with the answer of Colonial Secretary.
Lieut. Governor is requested to take steps to verify Duncombe's statements regarding his uninterrupted occupation of lands in question, and
report the measures adopted in similar cases. If Duncombe's representations are correct he is to receive the grant without loss of time.
p. 73
Enclosures:—
(1) Memorial of Charles Duncombe.    (Copy.)
p  76 G. 78 REPORT FOR THE YEAR 1936
(2) Duncombe to Attorney General R. S. Jameson.    [Copy.]
Setting forth the circumstances under which he purchased the Brant c
property from Banajat Mallory, and asking if he holds a clear title.
Attorney
General's
Office,
(3) Opinion of Jameson. [Copy.] That the case rests not on the c
fact that Mallory committed treason, but that the land was leased of
Brant who had no legal right to lease property. There follows a note
by Duncombe to effect that patents have since been granted "in all
this class of cases", and that the first clause only of the opinion applies
to his case. p. 93
(4) Jameson to Lt. Colonel Wm. Rowan, Civil Secretary to
Lieut. Governor. (Copy.) Points out certain considerations which
were not before Council when deciding the Duncombe case. Urges
that the matter be brought forward for Council's reconsideration.
p. 99
(5) Solicitor General C. A. Hagerman to Rowan. (Copy.) Re- solid
ports on Duncombe's claim, and states that Council probably was Ge^
not aware of attainder of Mallory whereby his estates were forfeited ^e
to the Crown. p. 107
(6) Rowan to Duncombe. (Copy.) Transmits Order in Council Gove
re his claim. p. 119 *°"s
(7) The Order in Council.   (Copy.)   Orders that Duncombe's Nov.
claim be disallowed for the reason that Mallory was attainted of
treason, and in view of the opinions expressed by Law Officers of the
Crown. p. 120
(8) Rowan to Duncombe. (Copy.) Transmits report of Trustees
of Six Nations Indians. p. 122
(9) Report signed by Wm. Hepburn, acting Trustee, stating
that facts set forth in Duncombe's petition are correct.  (Copy.)
p. 123
(10) Stephen to Duncombe. (Copy.) Colonial Secretary will not
advert to charges brought against the Law Officers and the Lieut. ^
Governor, nor can he with propriety see Duncombe. Discusses
grounds urged by both parties and states that, if on investigation it is
proved that Duncombe had been in possession of the lands, title will
be conferred. p. 124
(11) Duncombe to Glenelg. (Copy.) In support of his desire for a
personal interview with Colonial Secretary (at which he would show
a private letter which he has refused to communicate for fear of
causing harm to the writer) gives instances to show that Head has
dismissed officers on nominal and _ groundless charges, and for
unverified expressions of adverse opinions. p. 137
Glenelg to Head.   No. 99.   Transmitting, in connection with his Downingst.,
despatches Nos. 95 and 96 of Sept. 8 and 12, copy of letter fromSept.22.
Duncombe respecting conduct of Lieut. Governor during the late
elections, with Colonial Secretary's reply, and requesting any explanation which Lieut. Governor may think it necessary to make.    p. 148
Enclosures:  Northumbe
(1) Duncombe to Glenelg. (Copy.) Makes a detailed statement ^Court,
of the discontent and unhappy political condition of the people of U.C, sept.20
Dec. 12.
3 Northumberland Court,
Sept. 16. PUBLIC ARCHIVES G. 78
relating the conduct of the Lieut. Governor and the Government inf
the course of the late elections.    (This document, with the petition
to the House of Commons and other correspondence mentioned in I
despatch No. 96, was printed by the House of Assembly, in which it
was the subject of a report of a Committee, as Appendix No. 5 to the
Journals of 1836-7.) p. 155
(2) Stephen to Duncombe. (Copy.) Acknowledging letter of Sept.
20, and stating that a copy will be sent to Lieut. Governor for explanation.   Colonial Secretary, however, is persuaded that accusations of
such nature against "a public officer of high and unblemished character" will be found susceptible of a satisfactory answer.   As to his
protest against insisting that all communications on the subject shall"'
be in writing and not by personal interviews, the obligation of acting
with strict impartiality would have forbidden him to receive in mere
conversation charges impugning the honour and reputation of any?;;
man, however humble his station; furthermore, only in written com-;-;
munications could charges be expressed with that precision necessary"
for exact inquiry. p. 150
Glenelg to Head. No. 100. Transmitting copies of correspondence
with Treasury on subject of the appropriation of penalties levied
under Rideau Canal Act; and directing that Receiver General be
instructed to pay over to the Paymaster of the Canal for the use of
that work, the amount of such penalties received or which may be
received. p. 214
Enclosures:—
(1) Spearman to Stephen. (Copy.) Transmitting correspondence
from Ordnance, and requesting to be informed if Colonial Secretary
has any objection to the course proposed by that Board. p. 216
(2) Byham to Spearman. (Copy.) Transmitting copies of documents dealing with the case, and stating that upon review of the circumstances Ordnance is prepared to order that the penalties be refunded by Receiver General to the Paymaster of the Canal, to be
paid into Military Chest. p. 217
(3) Colonel G. Nicolls to Byham. (Copy.) Sends copy of a
by-law, and statement of penalties collected, receipted by Receiver
General, and urges consideration of the Board on the propriety of
authorizing penalties to be refunded to Paymaster of Rideau Canal,
unless it is ordered to pay them over in future directly to that
officer. p. 221
(4) The by-law.    (Copy.) p. 224
(5) Statement of penalties.    (Copy.) p. 229
(6) Stephen to Spearman. (Copy.) Colonial Secretary concurs
that penalties should be applied to service of the Canal, but believes
the proposition to apply them to the ordinary services of Ordnance
would create discontent in the province. p. 230
(7) Spearman to Stephen. States that it is the intention of
Ordnance to apply all such penalties to purposes of the Canal. Requests that necessary instructions be given the Receiver General by
Colonial Secretary. p. 232
% G. 78
REPORT FOR THE YEAR 1936
(2) Glenelg to Campbell.   No. 85.    (Copy.)
(3) Glenelg to Campbell.   No. 86.    (Copy.)
Glenelg to Head. (Confidential. Duplicate.) Transmitting 1836
copies of three despatches from Colonial Secretary to the Lieut. S?"1?*8t-
Governor of New Brunswick outlining the policy of the Home Gov-
ernment in its relations with the North American colonies. (This same
despatch, addressed to the Earl of Gosford, and its three enclosures
are printed in Report of the Public Archives for 1931, pp. 875-
87.   See G. 32, pp. 204-69.) p. 235
Enclosures:—
(1) Glenelg to Major General Sir Archibald Campbell.   No. 84.D«wni°eSf.
(Copy.) p. 242Aufr3L
p>281 Downing St.,
P- 309 gSS?8*"
Glenelg to Head. No. 101. Stating that he has received despatch J^™'"8 st"
No. 69 of Aug. 24, wherein Head has requested instant authority to
(1) make such alterations in the land-granting system as he thinks
necessary, and, (2) dispose of those portions of Military Reserves
which, by report of Commanding Engineer, are not required for
military purposes. As to the second request a report from Ordnance
must be awaited. The first, if to be understood in the full sense of
the words, cannot be acceded to because the Government must be
guided by the same general rules in every part of British North
America, and because the faith of the Crown has been pledged to
certain principles, here summarized. Expresses sympathy with
Head's aim to encourage immigration and thereby destroy invidious
comparison with United States; and indicates confidence in his zeal
and ability. If the Legislature should give him large discretionary
powers in these matters H.M. will sanction the necessary laws.   p. 313
Glenelg to Head.   No. 102.   Has received despatch No. 70 of ^^jf"851*-'
Aug. 20 reporting the expedition to Lake Huron and the arrangements
made with various tribes of Indians.    H. M. approves these, and
commends the Indians, in the strongest possible terms, to Head's
continued care. p. 322
1837
p.  326 Feb. 20.
Glenelg to Head.   No.   145.   (Extract.)
Stephen to Baring.   (Extract.)
p. 327Jan-2*-
Spearman to Stephen.   (Extract.) p. 329
{The complete documents from which the above three extracts
were taken may be found in G. 79, pp. 206-26.   See p. 469 of this
Calendar.)
Duplicate and copy of preceding despatch (No. 102).   p. 331
Glenelg to Head. No. 103. Stating that memorial has been r
received from Mrs. Louisa Smith, of Cobourg, praying for a grant of
land in consideration of her late husband's services as an Ordnance
storekeeper; and directing that she be informed of great regret with
which Colonial Secretary finds himself precluded by regulations from
complying with her application. P- 338
1836
Oct. 5.
Glenelg to Head.
69 and 70.
Acknowledging the August despatches Nos. 67, £
p. 340 PUBLIC ARCHIVES
G. 78
1836
Downing St.,
Oct. 20.
Glenelg to Head. No. 104. Acknowledging despatch No. 66 of
July 29 with letter of Richard Daverne, and stating that he cannot
alter decision respecting his claim communicated in despatch of
March 1. p. 341
Glenelg to Head. No. 105. Transmitting copy of letter
addressed by Hume to Lord Melbourne, respecting conduct of the
Lieut. Governor during the recent U.C. elections, and the refusal of
Colonial Secretary to grant personal interviews to Robert Baldwin
and Dr. Duncombe; with reply of Colonial Secretary giving reasons
for the position taken. The charges are no more than a repetition of
those already made, but they are, nevertheless, forwarded to Lieut.
Governor. p. 343
Treasury
Chambers,
Oct. 24.
Enclosures:—
(1) Hume to Melbourne.   (Copy.)
(2) Grey to Hume.   (Copy.)
p. 346
p. 350
Glenelg to Head. (Separate.) Transmitting, in connection with
Confidential despatch of Sept. 30, copies of a Bill for securing the
Civil List of the Province of New Brunswick and the despatch to the
Lieut. Governor of that province. (A despatch to Gosford, similar to
that to Head and of the same date, with the same enclosures, is printed
in Report of the Public Archives for 1931, pp. 388-92.) p. 359
Enclosures:—
(1) Glenelg to Campbell.
No. 93.    (Copy.)
p. 362
(2) A Bill for the support of the Civil Government of the
Province.   (Copy.) p. 368
Duplicates of preceding despatch and enclosure (1).
. 384
Glenelg to Head. No. 106. Transmitting copy of letter from
Treasury, with its enclosure, respecting custody of accumulated
balances in hands of the Receiver General, and instructing that their
suggestions be carried into effect. p. 394
Enclosures:—
(1) Spearman to Stephen. (Copy.) Drawing attention to a report
from the Audit Office relative to the balance indebted on the accounts
of the Receiver General of Upper Canada, J. H. Dunn. Requesting
that instructions be given that the amount of balance, except what is
required for current expenditure, be deposited in either of the Provincial banks or some other secure place of deposit, under the joint
responsibility of Receiver General and such other two of the principal
officers as may be designated by the Lieut. Governor. p. 396
(2) J. S. Larpent and H. Luttrell to Treasury. (Copy.) The
indebtedness of the Receiver General of Upper Canada is £54,865-
9-11. This amount is made up principally of £50,123-10-6 from
sale of lands to Canada Company, and £1,500 which was claimed
for acting as agent in such sales for seven and one-half years, which
claim was disallowed in 1831. p. 398
[Glenelg to Head. No. 107 of Nov. 6, 1836, is found in G. 74,
p. 385. It is calendared in Report of the Public Archives for 1935,
V- 374.] REPORT FOR THE YEAR I
Glenelg to Head.   No. 108.   Acknowledging despatch No. 77 of
1836
Mrs. Forster that regulations do not permit compliance with her *
memorial for grant of land on grounds of public services of relatives.
p. 401
Glenelg to Head. No. 109. Stating that a memorial has been Downing st..
received from Mrs. Bray, of Toronto, in which she prays that, in Nov- "•
consideration of services of her deceased husband and two sons, she be
granted a lot of land, and that employment be procured for her surviving son; and expressing regret at inability to comply with her
request for grant of land. The question of employment of the son
is left in hands of Lieut. Governor. p. 403
Glenelg to Head.   No. 110.   Requesting that Mr. Hurd, former Downing s
Surveyor General, be informed that his letter of Sept. 30 has beenNov-12-
received, and that Colonial Secretary can discover no reason for
changing decision already communicated to him regarding his removal
from office. p. 406
Byham to Hay.    (Copy.)   Stating that Ordnance are convinced office of
of the importance of securing property of Rev. R. D. Cartwright, as 51?1!?08'
described in his letter of Nov.  1835, herewith enclosed, but were  e '   '
deterred by the price asked (£550).   They request that Lieut. Governor be instructed to take the necessary measures to have this land
conveyed to Ordnance, in deference to the principle agreed upon in
the earlier correspondence between the Board and the Secretary of
State. p. 410
Enclosure:—
R. D. Cartwright to Colonel Wright. (Copy.) Stating that he Kingston,
has several offers for the purchase of eighty acres of land across Nov-19-
Cataraqui Bridge, adjoining Government Reserve of Fort Henry, and
that he is not disposed to consider any offer until he learns decision
of Ordnance respecting the property. It is again offered to them for
£550 Currency, or £300 and the strip of land 44 feet by 330 feet
abutting Grave, King and Quarry streets. He will await decision
until May 1, 1836, after which date he will consider himself free to
deal with offers. p. 408
Glenelg to Head.   No. 113. 1836
"I have received your Despatch of the 10th Sept1 N° 73, enclosing !^^!?8St->
a  Memorial   addressed  to   myself  by   Mr   George   Ridout   dated   ov"   :
on the 12th of the preceding Month of August, in which Mr Ridout
appeals to H.M. Government against your removal of him from the
Offices of Colonel of the Militia, Judge of District Court of Niagara,
and Justice of the Peace.
In deliberating on the advice which it became my duty to submit
to the King on this occasion, I have thought myself obliged to exclude
from my consideration every ground which has been alleged in
defence of your proceeding against Mr Ridout, which was not assigned
by yourself in your Correspondence with that Gentleman. In general
I should consider it unjust to subject any man to humiliation and
punishment for reasons which he has not had an opportunity of
contraverting; but in Mr Ridout's case there are peculiar motives for
adhering to this principle. In his Letter of the 27th July he Combated,
both by argument and by evidence the single charge preferred in PUBLIC ARCHIVES
G. 78 ;
your Private Secretary's Letter,  and then proceeded  as  follows.
"If, however, at this late period your Excellency has any other reasons i
"than those given which have been hitherto kept back, I am willing j
"to allow them every weight, nor shall I attempt, when informed of ,
"their existence, to suppress or lessen their just influence with H.M.
"Gov* in the Statement which I am about to forward."—Thus dis- :
tinctly apprized that Mr Ridout proposed to appeal against your
decision, and with so unequivocal a demand for an opportunity of
repelling every accusation which you might design to bring against i
him, I think that you were reduced to the alternative either of disclosing to him all the grounds of your proceeding, or of leaving the
Appeal to be decided by His Majesty upon those grounds exclusively >
which you had so disclosed.
Adverting, then, to the only Charge against Mr Ridout of which :
he was apprized in your Private Secretary's Letter of Is* July, I find
it to have been that he was an active Member of a Society by which
a very objectionable Address had been widely circulated. Mr Ridout :
does not deny either that the Address was indefensible, or that it
had been widely circulated, or that it originated with the Society in f
question.   But he does, in the most positive terms, deny that he was
a Member of that Society, or that he had ever seen the Address until
it met his eye in a printed form in the course of it's circulation >
through the Province, or that he was in any sense responsible for it,
either as Author or as Publisher.   To these peremptory Contradictions of the facts alleged against him he adds, that he attended at
the Meeting at which the Society in question was established, and
opposed it's formation on the principles contained in the Resolutions
brought forward by it's Author.   This statement is corroborated by
the Affidavit of Mr Stuart, who states himself to have been present
on the occasion.
Such is the state of the question as it is presented to me by your
Despatch and it's Enclosures. I have sought in vain for any proof
that Mr Ridout was a Member of this Society, or that he in any
manner partook in the publication of the objectionable Address.—I am
compelled, therefore, to come to the Conclusion that the Charge is
not only unsupported by proof, but that to a great extent it is actually
disproved, as it is in every point directly contradicted.
But in the absence of evidence as to the fact, you have referred
me to the legal opinion of the Solicitor General of Upper Canada,—
who states that Mr Ridout most decidedly did appear to be an active
Member of the said Society.—It will of course not be ascribed to
any want of respect towards Mr Hagerman, if I observe that I do
not understand why any legal reference is necessary in this Case.—
The question involves no legal principle, but relates to a simple
matter of fact. Mr Stuart, tho' describing himself as a Carpenter, is
I think far more entitled to speak with Authority on this occasion
than the Solicitor General of the Province, because the former pos-
ses'ses, and the latter does not possess, a personal Acquaintance with
what Actually occurred, and because Mr Stuart was present and
Mr Hagerman was absent when the Society was formed, and when
Mr Ridout is said to have protested against it's formation.
It is with the deepest reluctance that I over-rule a decision
publicly adopted by you, especially in a Case of the present nature.
I have on every occasion felt, and as I trust have evinced, the utmost
solicitude to afford you all the support and countenance in my power G   78 REPORT FOR THE YEAR 1936 45
in the discharge of your arduous duties. But it is superfluous to say 1836
that every consideration must yield to the irresistible claims of justice,
and for the reasons which I have mentioned. I find it impossible
to dispute Mr Ridout's pretensions to be re-instated in his various
Offices. I have accordingly to convey to you H.M. Commands that
Mr Ridout should be permitted to resume the various employments
from which he has been removed. I refer to your own judgment the
mode of proceeding to carry these Instructions into effect.—It will
afford me most sincere pleasure if you should be able to reconcile the
prompt and complete execution of them with the protection of your
own authority from the danger to which I am well aware it may be
exposed by the Measure which I am thus compelled to adopt."   p. 415
Glenelg to Head.   No. 114.   Acknowledges despatch No. 81 of Downingst.,
Oct. 13, and confirms appointment of John Macaulay as Surveyor Nov-M-
General.   Regrets misapprehension regarding expectations of Capt.
Macaulay and his  consequent resignation of his  commission, but
disclaims responsibility therefor. p. 427
Glenelg to Head. No. 115. Stating that a memorial has been re- Downing st.,
ceived from Wm. A. Forward and others, of the Incorporated Counties Nov-M-
of Lennox and Addington, impugning the conduct of Solicitor
General Hagerman at the late election for those counties, and requesting that petitioners be called upon to furnish a copy to Lieut. Governor who will refer it to Hagerman for his observations. Both
papers, with a report by Lieut. Governor, are to be sent to Colonial
Secretary. p. 430
Glenelg to Head. No. 116. Acknowledging despatches Nos. 63, Downingst.,
66, 68, 71 to 83, 85 to 88, dating from July 28 to Nov. 9.   Of these Deo-8-
Nos. 71, 80, 82, 83, and 85 are duplicates without enclosures,   p. 433
Glenelg to Head.   No. 117.   Acknowledging despatch No. 82 of Downingst.,
Oct. 17, and requesting that Capt. Hurd be informed with expression Dec-m
of regret, that decision not to reinstate him cannot be reversed,   p. 437
Duplicate of preceding despatch. P- 439 g~*st-'
Glenelg to Head. No. 118. Stating that address from Synod Downingst.,
of the Presbyterian Church in Canada, conveyed in despatch No. 83 Dec- "•
of Oct. 19, has been received very graciously by H.M. Colonial
Secretary has not been able to advise H.M. in regard to complaint
respecting erection of rectories, because information called for has
not been received. As to the claim of Scotch Church to participate
equally with Church of England in benefit of Clergy Reserves, hopes
that, as subject has been brought to the attention of the Legislature, a
liberal settlement may be effected this session. H.M.'s Government
is anxious to co-operate in any measure which would extend to all
large communities of Christians in the province an assistance proportional to their wants. P- 440
Duplicate of preceding despatch. P- 445 D^n1^gSt-'
Glenelg to Head.   No. 119.   The address from Clergy of Church Downingst.,
of England in Upper Canada, conveyed in despatch No. 83 of Oct. e*c.2o.
19, has been received very graciously by H.M.   In regard to the
question of the application of the Clergy Reserves to the maintenance of ministers of the Church of England, the views of Cxov-
ernment, from which there is seen no reason to depart, have been PUBLIC ARCHIVES
G. 78
fully explained in earlier despatches. As to the erection of a new
diocese coincident in extent with Upper Canada, the opinion of the
Archbishop of Canterbury has been sought. But whatever H.M.'s
ultimate decision, it will not be in his power to provide any endowment. P- 449
Duplicate of preceding despatch. p. 454
Glenelg to Head. No. 120. Stating that memorial has been received from George Markland complaining that he had been passed
over in the appointment of an arbitrator to apportion between the
two provinces the duties levied at Port of Quebec; and requesting
that Markland be called upon for copy of his memorial which Lieut.
Governor is directed to transmit with his observations to Colonial
Secretary. p. 458
Duplicate of preceding despatch. p. 460