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Report of the Public Archives for the year 1943 Public Archives of Canada; Lanctôt, Gustave, 1883-1975 1944

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 OTTAWA
EDMOND CLOUTIER
PRINTER TO THE KING'S MOST EXCELLENT MAJESTY
1944
Price, 50 cents.  DOMINION OF CANADA
REPORT
OF THE
PUBLIC ARCHIVES
FOR THE YEAR
1943
GUSTAVE LANCTOT
Keeper of Public Records
OTTAWA
EDMOND CLOUTIER
PRINTER TO THE KING'S MOST EXCELLENT MAJESTY
1944  TABLE OF CONTENTS
Page
Letter of Transmittal  v
Report of the Keeper of Public Records        vii
Reports of Divisions       xiii
List of Donations      xvii
HISTORICAL DOCUMENTS
I. First representative body in Canada, the Quebec Council, 1657.      xxv
II. Reminiscences of pioneer days by a lady loyalist    xxviii
III. New documents concerning  the meeting of  the  Fathers of
Confederation in London, 1867     xxxii
IV. Lord Dufferin saves Quebec city walls from destruction, 1875..   xxxvi
Calendar of Series Q:
Calendar of State Papers composed of the official correspondence
of the Lieutenant-Governors of Upper Canada for the
years 1837-1838	
86965—A§  LETTER OF TRANSMITTAL
Ottawa, December 31, 1943.
To the Honourable Norman McLarty, P.C., K.C.
Sir,—I have the honour to submit to you herewith the Annual Report
of the Public Archives for the year 1943.
To the report have been added this year a few documents of
historical interest. The first deals with the creating of the first representative
body in Canada, the Quebec Council of 1657. The second document
is a narrative by a United Empire loyalist describing pioneer days in
Upper Canada. Then follows a group of documents shedding some new
light on the meeting of the Fathers of Confederation in London in 1867.
The last document is a letter from Lord Dufferin in connection with the
preservation of the walls of Quebec.
The appendix to the present report contains another instalment of the
calendar ■ of the official correspondence of the Lieutenant-Goverors of
Upper Canada with the British Government.
Respectfully yours,
GUSTAVE LANCTOT,
Keeper of Public Records.  REPORT
OF
THE PUBLIC ARCHIVES
FOR THE YEAR 1943
Despite certain difficulties brought about by the war, the last twelve
months have seen a marked recovery in the activities of the Archives.
Several divisions have gained valuable accessions; the work of calendaring
and classifying documents, maps, and pictures has made considerable
progress; the library and information services have supplied information and
documentation of all kinds to the general public, students, and Government
departments; many research workers have used our students' rooms;
and our historical museum has had a greater number of visitors than in
previous years.
For the post-war period, which is drawing near, in order to contribute
in its own particular field to social rehabilitation, the Archives is planning
to put into effect a program which will use to the fullest its historical and
sociological materials. It would be possible then to set up a historical
centre here, where special classes would be held for students contemplating
careers as teachers, archivists, and librarians. With the collaboration
of the universities, this program would result in the opening up of new
careers for the demobilized men and women of the forces and the spreading
across the country, through study and by publications, of a wider and fuller
knowledge of Canadian history—one of the essential bases of patriotism
and national unity. This year already, a lecturer from the Archives
toured the West, where he gave two courses of lectures and a number of
addresses.
In the course of the year, the Archives had the honour of being visited
by two high official personages. On the 27th of January, the former
President of the Republic of Colombia, His Excellency Eduardo Santos,
and Madame Santos, were guests of the Archives for afternoon tea. The
distinguished visitors then made a tour of the exhibition rooms, where they
were particularly interested in a series of old maps of Colombia, starting
with the sixteenth century map of Juan de la Cosa. These maps had
been grouped and displayed for the occasion.
On the morning of October 7, His Excellency Elie Lescot, the President
of the Republic of Haiti, also visited the Archives. He was accompanied
by Mr. Abel Lacroix, Minister of Finance, Mr. Maurice Dartigue, Minister
of Education, and Mr. Andre Liautaud, Haiti Ambassador to Washington.
A small display arranged for the event brought to the President's attention
a series of documents, dated from 1667 to 1765, which revealed the relations
between Haiti and Canada during that period. viii PUBLIC ARCHIVES
During the year, two meetings of the Ottawa branch of the Canadian
Authors' Association were held at the Archives. At the first one, on April 9,
the Dominion Archivist gave a talk on the role and importance of the
Archives—a talk that he had to make in the dark, because it happened
on the night of a blackout practice. The second meeting, which was
held on December 16, was in honour of Duncan Campbell Scott, the poet.
Several of that author's poems were read and sung, followed by commentaries on the merits of his work and its place in literature.
In the period between those meetings, the Archives presented to the
public an interesting exhibition of manuscripts of Canadian authors, as
well as copies of the first books and newspapers published in Canada,
accompanied by photographs of the best-known writers.
It could be mentioned here that the Archives has this year given space
to the Administration of Rental Appeals and the Real Property Administration, branches of the Wartime Prices and Trade Board.
Among the accessions of the Manuscript Division, a certain number
deserve special mention. The Prime Minister donated to the Archives
the Journal and Letters of Colonel C. S. Bulkley, concerning his expedition
in 1865 with the object of establishing a telegraph communication between
the United States and Europe, by way of Canada, Siberia, and Russia.
Brigadier-General James O'Connor, of the United States Army, had
presented these valuable documents to the Prime Minister of Canada.
Ecrits autographes de Marguerite Bourgeoys, 1620-1700 are filled with
interesting little anecdotes, but fragmentary and desultory because of a
rather fickle memory. Written by Adiel Sherwood, who came to Canada
in 1784, the Historical Account of the first settlers contains much useful
information on Leeds County. The Report on the Franklin Expedition, by
Dr. John Rae, in 1854, is an unpublished article of great importance.
The Kane Collection includes items concerning Judge Coursol and the St.
Alban's raid, as well as letters of Lord Gosford to F. A. Quesnel in 1837
and 1838. The McDougall Documents contain items of high importance
on the Northwest Rebellion. Also worthy of note are the Letters of John
Douse (1834-6), a Methodist minister at Grand River; the Correspon-
dance de Nesselrode et Bodisco, from the Moscow Archives, proving that
Russia took no part in the Rebellion of 1837-38; and a letter from Simcoe
offering his services as Governor of a Loyalist settlement. The Diary of
George Leith, who trekked through Canada from 1834 to 1836 and settled on
a farm near Hamilton, is of high historical and sociological interest because
of its wealth of information on the people and the economic conditions
of that period. In the Carnarvon Papers there is a letter by Lord
Lansdowne, Governor General, dated November 24, 1865, giving the reasons
which led Sir John A. Macdonald's cabinet to refuse commutation on the
death sentence of Louis Riel.
In the Print Division, among the accessions received may be noted:
a series of lithographs illustrating the life of Marguerite Bourgeoys; a
valuable album of sketches of New Brunswick (1853-57) by Lieutenant
James Cumming Clarke, which was sent from England by Major-General ~
REPORT FOR THE YEAR 1943
P. J. Montague; and a set of drawings and photographs of Labrador which
belonged to the former Deputy Minister of Mines, A. P. Low, and were
donated by his daughter, Miss Estelle Low.
The Library received many donation of pamphlets and- books. The
complete list will be found elsewhere. One of the most important
acquisitions is a gift from Miss Dorothy Dowdall and other children
of Mrs. P. C. Dowdall. It comprises the files of The Irish Canadian
from 1863 to 1892, complete except for the year 1867, and the The Evening
Canadian for the years 1882-1884.
The Division of Technical Services received from Miss C. Hutchings
a statuette of Sir John A. Macdonald by Philippe H6bert and from Sergeant
H. A. Larson of the R.C.M.P. an ice anchor taken from Sir Edward Parry's
ship, the Fury, as well as a hook, a chipping hammer, and a piece of chain
from the Victory, commanded by Sir John Ross.
Coming under the Archives, and a close neighbour, the Military
Museum is now in charge of the following board:—President: Dr. Gustave
Lanctot, members: Air Vice-Marshal A. Ferrier, Air Force representative;
Brigadier G. P. Morrison, Army representative; Captain J. O. Cossette,
Navy representative; secretary: H. A. Reiffenstein. This year the Museum
acquired, among other items, a Messerschmidt 109 which was shot down
in the Battle of Britain, presented by the Imperial Order of the Daughters
of the Empire; several models of fighter planes; three model submarines
of the years 1901, 1916, and 1932; and a mortar of the French Regime
that served in the Siege of Louisbourg in 1758. This year 30,000 persons,
a record number, visited the Museum.
The present report is followed by several historical documents which
will not fail to interest the average reader, as well as the historian, who is
always curious about unpublished information.
The first item will be a surprise to most people. It is nothing less
than the introduction to Canada of representative government right in
the French Regime, in the year 1657, actually one hundred and thirty-four
years before the Constitutional Act of 1791, which established the
Quebec Legislative Assembly. It consists of a State Order-in-Council,
dated March 7, 1657, by which Louis XIV ordained that henceforth the
Quebec Council, also known as the Quebec Trade Council, should be
composed of the Governor, a controller of trade, and four councillors,
two of them elected by the inhabitants of Quebec, by majority vote and
free ballot, and the two others, one by the inhabitants of Three Rivers
and the other by those of Montreal. These four councillors had the right
of "entrance, seat and a deliberative voice in the Council". Now, this
Council held complete authority to pass ordinances with respect to trade,
finance, and commerce. It thus controlled the fur trade, the only industry
of the country, as well as all the commercial business and finance of the
colony. It issued permits for importation and sale of goods in the country,
with the authority of fixing the rate of profit and the legal value of the money
in circulation. Finally, it also had the right to tax goods and even judge
-B x PUBLIC ARCHIVES
infractions of its ordinances, with power to pass sentences and impose
fines. Of course, the Council remained subordinate to the higher authority
of the Governor and the veto of the King, but it nevertheless performed
wide administrative and legislative functions. Also, under the autocratic
regime of Louis XIV, this Quebec Council presented a curious anachronism.
It can be said finally that, up to a certain point, it was the embryo of the
first Canadian Parliament.
The second of these historical documents is a captivating and informative description of the life of the Loyalists who settled in Upper Canada
following the American Revolution. The writer, Mrs. White, nee Catherine
Chrysler, of Sydney, near Belleville, gives much information on this subject
which is both precise and quaint. She relates that her mother helped to
chop down trees, and, with the aid of the womenfolk, she wove the clothes
and stockings for the family. They traded butter, cheese and farm
products for salt, tea, and flour. On the other hand, salmon were plentiful
as well as frogs, rabbits, squirrels, ducks, and partridges. All the footwear
was made at home out of deerskin. A capable old lady served as a doctor
to the colonists and a Presbyterian minister married off the young couples.
The young bride's dowry consisted often of a trousseau that she had
woven herself, a horse, four cows, two oxen, twenty sheep, and a few pieces
of home-made furniture. Mrs. White concludes: "Give me the social
spinning Wheel days—When girls were proud to wear a home spun
dress—of their own spinning and weaving—Not thinking of high heeled
Boots, and thin shoes. Nor rigged out in hoops and Criniline, Salt cellar
Bonnets, which have occasioned a great demand for Doctors—which were
almost unknown in my young days."
The third group of historical papers, all hitherto unpublished, gives
interesting sidelights on political history. Ever since Confederation,
historians, and particularly specialists in constitutional law, have deplored
the scarcity of documents relevant to the delibrations of the Fathers of
Confederation at their meetings in Quebec and London. It is well known
that different interpretations exist regarding the origin of the Constitution:
one sees in the British North America Act a pact made by the provinces,
and another regards it merely as a British law. On the other hand,
combining these two theories, a third group adopts a middle course and
prefers to acknowledge that the Constitutional Act of 1867 was at first
a pact, established and agreed upon by the provincial delegates. This
pact, accepted by the London cabinet, was submitted to Parliament,
the only legal authority in the matter, which, passing it through the usual
constitutional process, changed it into a British statute.
Be that as it may, the Archives can now offer to students four interesting documents that give valuable information regarding the discussions
which took place during the formulating of the Canadian Constitution.
The first is a confidential letter of William McDougall, one of the
Upper Canada delegates, to the Governor General, Lord Monck. It
shows  the  more  or  less  restless,   tense,   distrustful   and  even  stormy REPORT FOR THE YEAR 1943 xi
atmosphere that reigned at the meetings of the Fathers of Confederation.
McDougall says flatly that "intrigues" were plotted there against the
union.
One of the biggest questions which seems above all to have divided
the provincial delegates was that of creating the Senate. Would the
Senate be elective or nominative, that is to say, composed of members
elected by the people or of members appointed by the Cabinet? These
were the alternatives. In Quebec, McDougall, supported by George
Brown and Oliver Mowat, spoke strongly against a nominated Upper
House, declaring that the British Parliament would not sanction such
an absurdity. William Holland was another adversary of this method.
During the Quebec Conference, these delegates did not conceal their
opinion that this procedure could not function satisfactorily. Following a
despatch from the Hon. E. Cardwell, Secretary of State for the Colonies,
and the discussion provoked by it, they were still convinced that they could
remedy the situation by moving a subsequent amendment and that the
method of nomination by the Cabinet would be cast aside
At the meeting in London, the discussion on the Senate question
lasted three or four days. The vote was taken: Upper Canada and New
Brunswick voted in favour of electing the senators by the vote of the
people, and Nova Scotia and Lower Canada were in favour of their appointment by the Cabinet. But here is the interesting point for the partisans
of the "pact" theory: since it had been declared "that the Quebec
Resolutions] were a treaty & could not be amended by one party to that
treaty," it was decided that it would not be modified, although the
chairman was to inform Lord Carnarvon of the very strong opposition
made to that part of the plan. It was agreed that no one should argue
in favour of his opinion, and that the chairman alone should speak on this
point. However, in violation of this agreement, Tupper and Cartier
not only spoke on behalf of appointing the senators, but claimed to represent
the opinion of the delegates.
In the afternoon of January 27th, at the meeting in the hotel, the storm
broke. The partisans of an elective Senate opened fire with such violence
against Tupper and Cartier that they offered an apology. All morning
the discussion went on with a heat that threatened to ruin the whole
confederation plan.
Gait, usually very calm, "mounted a high horse" and protested
against any attempt at domination by the West. Tupper maintained that
with an elected Senate, Nova Scotia and the smaller provinces would be
at the mercy of Upper Canada. McDougall replied that otherwise the
majority in the Government and the House of Commons could be blocked
by Quebec and the Maritime Provinces unless they were given every concession they demanded.    It was a veritable tempest of arguments and words.
This very important letter of McDougall's came to the Archives in
the form of a rough draft, terribly corrected and scratched out, but for the
convenience of the student a clean copy has been made.
86965—B* xii PUBLIC ARCHIVES
The first letter is followed by another draft that is not even complete,
but which nevertheless should be included in the papers relating to the
creating of Confederation. In this letter draft, dated 1887, McDougall
asserts again that Confederation was a "pact" and that it was the delegates
from the Maritime Provinces who "watched, even more closely than their
French colleagues, the turn of phrase and collocation of words to prevent
Federal invasion."
To these two documents must be added another, quite recently
acquired by the Archives. In this letter, addressed to Oliver Mowat,
another Father of Confederation, McDougall branded as false an assertion
by Gray in his book Confederation, which stated that the London Conference
had widely discussed the question of a Senate elected by the people or
named by the Cabinet and that an overwhelming majority, headed by
George Brown, was against an elected Senate. McDougall flatly contradicted this statement in the following note: "A mistake—McDougall,
seconded by Mowat, moved a resolution to make the Senate elective.
The negative vote was large. McDougall then moved, seconded by
Mowat, that the 24 Senators assigned to Ontario shall be elected by the
people of the Province. This was negatived after much debate." Here is
historical information of genuine interest which re-establishes a historical
fact and reveals that for a moment the idea of a senatorial representation
peculiar to Ontario was even considered.
In answer to McDougall's letter, Mowat replied, confirming the
assertion of his correspondent, that he and McDougall had fought against
the proposal of an elected Senate.
The last of the historical documents in the present report is a letter
by Lord Dufferin which tells us that in 1875 a group of Quebec property
owners had proposed the demolition of the city walls. Fortunately,
hearing of the idea, Lord Dufferin opposed this act of vandalism and
succeeded in convincing the municipal council and the Federal Government
of the stupidity of this project which would destroy all the historical
picturesqueness of Quebec. As a result, he not only obtained the saving
of the ramparts but also the construction of new gates flanked by turrets.
For this intervention alone, Lord Dufferin merits the gratitude of all those
who are interested in the history of Canada.
The appendix to the present report continues the calendar of the
official correspondence of the Lieutenant-Governors of Upper Canada.
The first part of this calendar appeared in the Archives reports from
1891 to 1902. The preparing and publishing of this series was interrupted
on the death of Dominion Archivist Brymner. In 1941 and 1942 the
continuation and completion of this calendar for Lower Canada first
appeared. The continuation of the calendar of this correspondence
for Upper Canada starts this year and will be completed in subsequent
reports.
GUSTAVE LANCTOT,
Keeper of Public Records. MANUSCRIPT DIVISION
ACCESSIONS
Transcripts from Canada
Montreal—
Ecrits autographes de Marguerite Bourgeoys, 1620-1700.
Quebec—
S6minaire de Quebec: Journal de Labadie, mattre d'ecole, 1794-1815.
Originals from Government Sources
Ottawa—
Department of Secretary of State: Letters Patent 1862, Church of
England, appointment of the Bishop of Montreal as Metropolitan
of the Province of Canada, 1862.
. Transcripts from England
London—
Public  Record Office:  Colonial  Office Series  381,  Vol.  63.    Nova
Scotia,   Commissions   and   Instructions   to  Lt.   Governors,
1839-1866.
Gifts and Deposits, Series C, Vol. 130.    Carnarvon Papers; Mss.
re Louis Riel.
Transcripts from United States
Colonel J. S.  Bulkley, Journal & Letters; Telegraph Trail Expedition,
1865-1867.
Documents  in  the State Archives  Moscow,   1838.    Nesselrode-Bodisco
correspondence relating to the Rebellion of 1837-1838.
Originals from Miscellaneous Sources
Correspondence of the Air Cadet League, 1921-1935.
Miscellaneous letters to G. I. Barthe from Wilfrid Laurier, Honore Mercier,
J. A. Mousseau and others, 1835-1900.
Diary of George Leith, 1834-1836.
Material relating to Tom Thomson, 1917-1930.
Kane Papers relating to Judge Coursol and the St. Alban's raid and containing letters from Gosford to Quesnel and miscellaneous material,
1775-1887.
Correspondence of The League of Nations Society, 1936.
Land Grant, Lansdowne, District of Johnstown, 1802.
Narrative concerning the early settlers of the county of Leeds, Upper
Canada.
McDougall Papers relating to the North West Rebellion, 1869-1874.
Parole of a British Prisoner, 1812-1814.
Letters of John Douse, a Methodist missionary at Grand River, 1834-1836.
Letter of Simcoe to Sydney, offering his services as Governor of a Loyalist
settlement, 1784.
Letters to H. W. Yager, M.P.P., 1835.
G. T. HAMILTON. xiv PUBLIC ARCHIVES
MAP DIVISION
RESEARCH
Requests for information: 115.
Number   of  students   and   others  who   consulted   maps   in   the   Map
Division: 123.
Photograph and photostat prints supplied: 342.
ACCESSIONS
Atlases
Animated Atlas of the Dominion of Canada. Text by Oliver Master.
Drawings by Arthur Edward Elias. Animated Maps of the Provinces.
Department of the Interior, Canada.    Coloured.
Coasts of Nova Scotia, Newfoundland & Cape Breton. By Cook.
1762. Description of the coasts of Nova Scotia, Newfoundland, Cape
Breton, etc., including autograph index, with two maps beautifully drawn
in water-colours and pen and ink, one of Harbour Grace and Carbonere,
signed and dated 1762, the other of a river, unsigned and undated. Fol.
15 ff. National Library, Canberra. [This most important MS. was
written while Cook was master of H.M.S. Northumberland (Captain Lord
Colville), flagship of the North American squadron. The description
of the coast of Nova Scotia would seem to have been compiled from
observations made by Cook throughout his service in North American
waters. 11 ff. are numbered, 2 of the remaining 4 are blank. In green
morocco binding and case, with cover title: Captain Cook's exploration
of Newfoundland.]    May, 1943.
Maps and Plans
The World. Time and Tide—Map of the Atlantic Charter. A
Pictorial Map of the World. Designed by Macdonald Gill. Produced in
Collaboration with the Time and Tide Publishing Co. and published by
George Philip & Son, Ltd., 32 Fleet Street, London, E.C. 4. (Philip, Son
& Nephew, Ltd. Liverpool, 1.)    Coloured print.
North America. A New Chart of the English Empire in North
America. Boston, engraved by Francis Dewing, 1717. A facsimile
from the original map in The John Carter Brown Library, Providence,
Rhode Island.    1942.    Print.    (4 sections.)
Saskatchewan River District.    Map of Saskatchewan River District
made  by  Capt.   Charles   Constantine   (Winnipeg  Light   Infantry  with
, Qeneral Strange's column operating against Big Bear in 1885) as a result
of a reconnaissance carried out with  George Ham in an endeavour to
locate Big Bear's main force.    Key map and plan.    Coloured Ms.
St. Lawrence River. Plans accompanying Report on a Railway
Suspension Bridge, over the River St. Lawrence, near Quebec.    (In folder.)
Quebec. Map of Vicinity of Quebec. Compiled from Major
Holland's and other surveys.    1851.    (In folder.)
Vaudreuil, Chateau de. Plan of Le Chateau De Vaudreuil. 1726.
(Place Jacques-Cartier, Montreal).    Phosostat copy.
Ville de Montreal. Plan de la Ville De Montreal dans la Nouvelle
France, 1731.    Photostat copy. REPORT FOR THE YEAR 1943 xv
Villemarie. Plan of Villemarie dans l'isle de Montreal, 1680. Copie
par L. P. Vallerand, Quebec, Mars, 1889.    Photostat copy.
Ville Marie.    Plan de Ville Marie en 1685.   Photostat copy.
United States. Map of the United States showing the Military
Departments and the Stations of the Regular Army in November, 1895.
Revised: January, 1896.   Tracing.
Britanny, France. Carte De La Bretagne Divisee en Cinq Departe-
mens Suivant les Decrets de l'Assemblee Nationale, A Paris chez Jean,
rue Jean de Beauvais, No. 32.    An 8.    Coloured ms.
Maps published by the Topographical Survey of Canada
Alberta—Saskatchewan. 12 plans of East .Outlines of Townships
67-114, Range 1 W. of 4th Meridian.
NORMAN FEE.
PRINT DIVISION
I. Research
Number of investigations completed: 129.
II. Paintings, Drawings and Prints
Pictures received: 212.
Volumes of illustrations and albums received: 5.
Number of pictures catalogued: 2,740.    Over 67,700 pictures have now
been catalogued.
MBfe HI« Photostats and Photographs
Photostat negatives prepared and indexed: 91.
Photostat prints supplied: 306.
Photographic prints supplied: 41.
IV. Lantern Slides
Lantern slides loaned: 36.
JAMES F. KENNEY.
INDEX AND INFORMATION DIVISION
INDEX
In the course of the year, this section merged into a single index the
3,658 cards of the annual indexes of the minutes of the committee in
charge of studying the applications for land grants addressed to the
Executive Council of Upper Canada (Ontario). This year the indexing
of the volumes covering the period from 1827 to 1831 has added 6,350
cards to this index.    The work is continuing.
The index of the paylists of the Loyalist regiments that served during
the American Revolution is now complete, which added 5,800 names
to the Military Series index.
An increase of 2,300 cards has also been made in the research index. xvi PUBLIC ARCHIVES.
The classifying of the Military Series is being continued; 362 military
files of the Great War were lent, 293 are still being consulted, and 370 have
been repaired. Finally, this section prepared for binding 4,177 manuscript
items belonging to Series S, Office of the Governor's Secretary.
INFORMATION
During the year this service answered 768 requests for information.
As in the past, these requests dealt with the wide field of constitutional,
economic, political, and general history.
LUCIEN BRAULT.
PUBLICATIONS DIVISION
In the course of the present year, this Division translated the Report
of Public Archives for the year 1943 and saw it through the press. The
translation included not only the departmental report and the reports
of the Divisions, but also the several appendices.
The Division continues its policy of economy, in every way possible,
as regards time, paper, and money. The names of those who do not
specifically state that they wish to receive Archives publications are struck
off the mailing list. In addition, this Division has cut its stationery
materials to the minimum required to meet the needs of its essential
services.
SfiRAPHIN MARION.
LIBRARY DIVISION
This year, owing to the accumulation of acquisitions, the Library
had to enlarge its shelving capacity. The existing shelves being no longer
adequate, the publications of the dominion and provincial governments
were placed in a room adjoining the Library.
During the year, the Library was visited by the students of the Library
School, McGill University, who studied its technical administration and
documentary value. The staff of the Navy and National Defence Departments freely consulted our historical materials in the course of their
particular work.
The new acquisitions amounted to 501 volumes and the number
of books borrowed rose to 1,195 volumes.
JULIETTE BOURQUE.
DIVISION OF TECHNICAL AUXILIARY SERVICES
During the year the usual services of this division have been well
maintained. The museum section arranged several exhibitions, including
an exhibition of autographs and manuscripts of Canadian authors. The
number of visitors has greatly increased due to the new policy of keeping
the museum open to the public on Saturday and Sunday afternoons.
The bindery staff repaired and bound 503 volumes. In addition,
4,057 manuscripts were prepared for binding, repaired and bound, and
103 maps were mounted. _
REPORT FOR THE YEAR 1943
The photographic section completed the long task of photostating
eleven copies of the Book of Remembrance, which were bound in de luxe
style and forwarded to the Lieutenant-Governors to be deposited in the
capital of each province.
This section also reproduced 11,661 photostat copies and photographs
during the year.
C. DEWAR,
Acting.
DONATIONS, 1943
For all the gifts received in the course of the present year and acknowledged below, as well as the items transmitted by other departments of
the Dominion Government, the Public Archives wishes to express its
sincerest thanks.
Manuscript Division
Brault, L.: Ration Books, 1943.
Davies, B.: Manuscript re Tom Thomson, 1930.
Egerton, Mrs. F.: Parole of British Prisoner, 1812.
Hamilton, Z. M.: Dr. John Rae's Report on Franklin Expedition, 1854.
Kane, Miss, H. S.: Quesnel, Tache, Coursol Papers, 1775-1887.
King, Rt. Hon. W. L. Mackenzie: Journal & Letters, Telegraph Trail
Expedition, 1865-67.
Leduc, T. H.: Documents in State Archives, Moscow, 1838.
McNeil, J.: Land Grant, 1802.
Phelps, Mrs. V.: Letters of H. W. Yager, 1835.
Sherwood, E.: Manuscript re Early Settlers, U.C.
Talman, J. S.:  Calendar of Robinson Papers, 1806-1905.
Wells, Miss J.: The British American Land Company:—Charter, granted
14th day of June  1834; Annual Reports  1899-1909; Agreement of
Sales 1871-1881; a few Leases dated 1834, one signed by Sir A. T. Gait;
three Letter Books, 1834-1836, 1880-1888, 1907-1910; Book Register
of  Deeds  1835-1867;  Book of Special  Reports  1886-1904; file of
correspondence 1930-1934.
Witton, W. P.: Letters, 1784, Governor Simcoe; 1834^36, John Douse,
Methodist minister.
Print Division
Barhart, Miss Catherine: The Cabinet formed by Sir John A. Macdonald in
1878.    [Woodcut.]
Bourassa, Miss: H.RH. Albert Edward, Prince of Wales, 1859. [Lithograph.]
Burpee, Dr. Lawrence J.: Portraits of the Royal Society of Canada, 1891,
volume of illustrations; View of mountain peaks.    [Photograph.]
Congregation de Notre Dame, Montreal: Illustrated pamphlet and collection of half-tone prints relating to the life of Marguerite Bourgeoys;
Five views of the convents of the Congregation, Montreal. [Photographs.]
Constantine, Major-General T. F.: Group of Indians and others connected
with the 1885 insurrection.    [Photograph.] xviii PUBLIC ARCHIVES
Cuthbertson, G. A.: H.M.C.S. Algerine; Officers and crew on H.M.C.S.
Rainbow, 1917; H.M.C.D. No. 79, 1917.    [Photographs.]
Davies, Miss Blodwen: Scenes connected with the career of Tom Thomson
and copies of several of his drawings.    [Photographs.]
Gerard, R.: Portrait of Earl Howe.    [Photograph.]
Gray, Miss Beryl: Old church at Yale, B.C.    [Photograph.]
Kinnear, Miss M.: Saint Augustine's Monastery, Tracadie, N.S.    [Photograph.]
London Office: View of the Public Record Office, London, showing the
Legal Room and the devastated surroundings.    [Woodcut.]
Low, Miss Estelle: McLean Falls, Labrador. [Wash drawing.]; McLean
Falls, Labrador; View of the Hamilton River; An Eskimo family
group; An Eskimo igloo; A trapper, Labrador. [Photographs.] [Two •
of these photographs are framed in wood taken from Franklin's
boat.]; Certificates of the appointment of A. P. Low as (1) head of the
expedition of the Neptune, 1903; (2) director of the Geological Survey,
1906; (3) Deputy Minister of Mines, 1907.
Montague, Major-General P. J.: Album of sketches, 1853-57, by Lieut.
James Cumming Clarke.
Noble, J. E.: Illustrated booklet on Charlevoix, Chicoutimi and Lake
St. Jean.
O'Connor, Brigadier-General James A.: Colonel C. S. Bulkley.    [Photograph.]
Richardson, J.: Lennoxville, P.Q., 1881.    [Photograph.]
Scott, Mrs.: Dr. Duncan Campbell Scott, LL.D., F.R.S.C.    [Photograph.]
Stewart, Captain R. H.: Portraits of Admiral and Mrs. Bayfield.    [Photographs.]
War Information Bureau, Graphic Art Section:  Portraits of Calixa La-
vallee and Leon Derome.    [Photographs.]
Webster, Dr. J. C:    Portrait of Henri de Tonti.    [Photograph.]
Library
Batsford,   B.   T.: A   Batsford   Century...by   Hector   Bolitho   (London,
1943).
Binns, Kenneth: Bibliography of Captain James Cook (Sydney, 1928).
British High Commissioner: Forty-one pamphlets.
Broadfoot, S. R.: Holiday in Canada on the Ottawa River by the donor
(1941).
Bronfman, Samuel: Canada: the Foundations of its Future by Stephen
Leacock (Montreal, 1941).
Brosseau, Vincent: Ottawa regarde vers Washington by the donor (1942).
Cameron, Frank: Botany Church; Records and Memories.. .by the donor
(Chatham, 1941).    [Pamphlet.]
Carnegie  Endowment  for   International   Peace:   The American-born in
Canada by R. H. Coats and M. C. Maclean (Toronto, 1943).
Caron, Ivanhoe: Robert Caron et sa Famille by the donor (Levis, 1937).
Davidson, A. L.: Annals of the Parish of St. Alban the Martyr, Ottawa
by the donor (Ottawa, 1943).    [Pamphlet.]
D'Eschambault, Antoine: "National Unity and its Implications" by the
donor (Quebec, 1943).    Reprint from Culture, Vol. IV, 1943. REPORT FOR THE YEAR 1943 xix
Douville, Raymond: Jean Riquart: Premier Colon de Sainte-Anne de
La PSrade by the donor (Three Rivers, 1943).    [Pamphlet.]
Dowdall, Miss Dorothy, and others, children of Mrs. P.C. Dowdall: A set
of The Irish Canadian for the years 1863 to 1892, complete except for
the year 1867; three volumes of The Evening Canadian, 1882-1884.
Drummond, H. R.: A Beveridge Plan in Canada by the donor (1943).
[Pamphlet.]
Eames, Frank: Gananoque the Name and its Origin.. .by the donor (1942).
[Pamphlet.]
Ecole des Hautes Etudes Commerciales, Montreal: Notre Milieu: Montreal
Economique by Esdras Minville (Montreal, 1943).
Ecrivains Canadiens, Societe des: Le Petrole (Montreal, 1943).   [Pamphlet.]
Egerton, H. M.: An International Idiom: a Manual of the Oregon Trade
Language by H. Hale (London, 1890).
Entremont, Leandre d': New Findings in the Early History of Acadia by
the donor (Yarmouth, 1942).
Ermantinger,   Mrs.   C.   O.: French-Canadian   Folk-Lore   Songs   (about
1830), collected by E. Ermantinger.    [Photostat.]
Federal Works Agency: Publications of the Historical Records Survey
Projects of the Federal Works Agency (34 vols.).
Ferland-Angers, Albertine: Le Premier Hospice & Montreal by the donor
(Montreal, 1943).    [Pamphlet.]
Food  Research  Institute:  Fats and  Oils in the  War by  Karl Brandt
(California, 1943).    [Pamphlet.]
France Combattante: La Lettre de la France Combattante (Three Rivers,
1943).    [Pamphlet.]
Godbout, Father Archange: "La Liste Chronologique de l'Abbe Noiseux"
by the donor (Quebec, 1941).    Reprint from Culture, Vol. II, 1941;
"Societes Historiques de Langue Francaise" (Quebec, 1942).    Reprint
from Culture, Vol. Ill, 1942.
Green, Errtest: "The Niagara  Portage Road" by the donor   (Toronto,
1926).    Reprint from Ontario Historical Society, Papers and Records,
Vol. XXIII, 1926.
Holmes, Charles: British by Choice by the donor (Montreal, 1943).
Indian Affairs Branch: Report on Industrial Schools for Indians and Half
Breeds (1879).
Institute of International Affairs: India; A Bird's-eye View by Sir Frederick
Whyte (New York, 1943).
Kinnear, Muriel: Antigonish by Rev. Canon Andrew.    [Pamphlet.]
Kyte, E. C.: A Note on the Manuscript Collection in the Douglas Library by
the donor (Kingston, 1943).
Kyte, G. W.: Organization of Work of the International Joint Commission
by the donor (Ottawa, 1937).    [Pamphlet.]
Lanctot, Dr. Gustave: Bulletin Bibliographique de la SociSte des Ecrivains
Canadiens by Rina Lasnier (Montreal, 1942).
Lewis, H. F.: "Notes on Some  Details of the Explorations by Jacques
Cartier" by the donor.    (Ottawa, 1934).    Reprint from Transactions
of the Royal Society of Canada, Vol. XXVIII, 1934.
Loosley,  E. W.: "Early  Canadian   Costume"  by the donor  (Toronto,
1942).    Reprint from the Canadian Historical Review, Vol. XXIII,
1942. PUBLIC ARCHIVES
McLennan, F. D.: St. Andrew's Presbyterian Church, Williamstown
(Cornwall, 1916).
Maloney, A. B.: "Fur Brigade to the Bonaventura" by the donor (Berkeley,
1943). Reprint from the California Historical Society Quarterly*
Vol. XXII, 1943.
Matthews, J. S.: Samuel Larcombe.    [Clippings.]
Metropolitan Life Insurance Company: A Family of Thirty Million.. .by
L. I. Dublin (New York, 1943).
Miller, R. R.: Elixir of Morale by the donor (Toronto, 1943).    [Pamphlet.)
Michaud, Hon. E.: Le Nouveau Terminus de Montreal (194:3).
Mines and Resources, Department of: Nine pamphlets.
Mitchell, C. A.: A Note on the Early History of Veterinary Science in-
Canada by the donor (Ottawa, 1930); Various certificates and
diplomas of Veterinary Colleges.
Morisseau, Henri: "Pierre Fontaine dit Bienvenu" by the donor (Ottawa,
1943). Reprint from the Revue de VUniversitS d'Ottawa, Vol. XIII,
1943.
Morse, William I.: The Chronicle: November 1942 by the donor (Boston,
1942); the Chronicle: May 1943 by the donor (Boston, 1943); The
Chronicle: November 1943 by the donor (Boston, 1943); Autobiographical Records by the donor (Boston, 1943); The Ceremonies in
Honor of Winston Spencer Churchill (Cambridge, 1943).
Murray, E. M.: "Salvage Canada's Past" by the donor. Reprint from the
Ontario Library Review, August 1942.
Museo Nacional de Antropoligia e Historia: Vigesimoseptimo Congreso
International de Americanistas (Mexico, 1942).
New Brunswick Museum: The Reversing Falls Portage by W. A. Squires
(Saint John, 1941) [Pamphlet.]; William Francis Ganong Memorial
by J. C. Webster (Saint John, 1942).    [Pamphlet.]
New Zealand, Hon. Minister of Internal Affairs: The Gael Fares North
by N. R. McKenzie (Wellington, 1942).
Oliver, D. W.: The Stroke of the Moment by Oswald Chew (Philadelphia,
1928).
Ontario, Department of Municipal Affairs: Annual Report of Municipal
Statistics for the year 1941 (Toronto, 1942).
Pennsylvania Historical Commission: The Counter-Revolution in Pennsylvania 1776-1790 by R. L. Brunhouse (Harrisburg, 1942).
Perrault, Antonio: Le Conseil SpScial, 1838-1841 by the donor (Montreal,
1943).    [Pamphlet.]
Pilbado,   Isaac: Novum   Testamentum  ad  Exemplar   Millianum  by   G.
Greenfield (Philadelphia),
Pouliot, Leon: La Reaction Catholique de  MontrSal,  1840-1841 by the
donor (Montreal, 1942).
Prowse, G. R. F.: Cartological Material. Names by the donor (Winnipeg,
1942).
Savard, Adjutor: La Defense du Territoire by the donor (1943). [Pamphlet.]
Shufelt, H. B.: The Canadian Society of New York (New York, 1913).
[Pamphlet.]
Societe d'Enseignement Postscolaire. Section Francaise du Manitoba:
.SEP, Vol. I, No. 1, 1943.    [Mimeographed.] REPORT FOR THE YEAR 1943 xxi
Societe Historique du Nouvel-Ontario: Apercu sur les Origines de Sudbury
by Louis Heroux (Sudbury, 1943).
State Historical Society of Wisconsin: Joseph Schafer, Student in Agriculture
by L. P. Kellogg and others (Madison, 1942).
Sumner, E. G.: A Check List of Newspapers Published in the County of
Oxford, Ontario by the donor (1943).    [Mimeographed.]
Talman, J. J.: Report of a Missionary Journey made by the Honorable and
Reverend Charles James Stuart by the donor (London, 1942). [Mimeographed.]; Narrative of the Illegal Seizure of the Schooner "Mazeppa"
(London). [Typescript.]; Schedule of Files of the London Free Press by
Orlo Miller (London, 1924). [Typescript.]; "The Printing Presses
of William Lyon Mackenzie Prior to 1837" by the donor (Toronto,
1937). Reprint from the Canadian Historical Review, Vol. XVIII,
1937; "The Newspapers of Upper Canada a Century Ago" by the
donor (Toronto, 1938). Reprint from the Canadian Historical
Review, Vol. XIX, 1938.
Tessier, Albert: La Patrie c''est cal by the donor (Montreal, 1942). [Pamphlet.]
Toronto City Clerk: Municipal Handbook; City of Toronto, 1943 (Toronto,
1943).
Toronto Public Library: "It's All a Matter of Reduction" by Martha
Shephard (Toronto, 1943). Reprint from the Ontario Library
Review, 1943.
Transport, Department of: List of Shipping (Ottawa, 1911).
Ukrainian National  Federation of Canada: A Program and a Record
(1943).
Universite de Montreal: Inauguration des Nouveaux Immeubles de
V University de MontrSal (1943).
University of Saskatchewan: Arthur Silver Morton (Saskatoon, 1943).
Vaillancourt, Emile: Canada's Mission in a Free World by the donor
(Montreal, 1943); Canadian Unity and Quebec by the donor and others
(Montreal, 1942).    [Pamphlet.]
Wells, Miss J.: eighteen volumes of old French law books.
Wilson, C. P.: "Modern Developments in History Museums" by the
donor (Vancouver: 1943). Reprint from the British Columbia
Historical Quarterly, Vol. VII, 1943.
Division of Technical Services
Larsen, Sergeant H. A., R.C.M.P.: Ice anchor and iron belt from Sir
Edward Parry's H.M.S. Fury; Hook, chain links, and chipping
hammer from Sir John Ross' H.M.S. Victory.
Map Division
Australia, The National Library, Canberra: Coasts of Nova Scotia,
Newfoundland & Cape Breton—By Cook—1762. Including Autograph Index, with two Maps beautifully drawn in Water-colours
and pen & ink, one of Harbour Grace and Carbonere, signed and dated
1762, the other of a river, unsigned & undated.
Burpee, Dr. L. J.: Plans accompanying Report on a Railway Suspension
Bridge, over the River St. Lawrence, near Quebec. Four plans in
a folder; Animated Atlas—Dominion of Canada—Text by Oliver
Master.    Drawings by Arthur Edward.Elias.  HISTORICAL DOCUMENTS  THE FIRST REPRESENTATIVE BODY IN CANADA
THE QUEBEC COUNCIL, 1657
New France1, March 7, 1657.
The King being again informed by the Petition of the Directors of
the General Company of New France, that, out of affection towards the
inhabitants of the sd. country, they renounced, in favour of the latter the
profit and advantage of the fur trade having made it over to them at their
insistent request on the conditions contained in the articles agreed and
settled for that purpose approved and ratified by His Maty. Notwithstanding the sd. inhabitants have not gained therefrom all the advantages hoped
for, and having previously undertaken various expenses for the Conduct
of the said trade whereof they had not then all the necessary experience,
they have incurred a number of debts which they have not been able
to pay, And have even had difficulty in meeting the public charges needful
for the maintenance of the colony, especially since some years ago the said
trade with the Indians was thrown open to all the inhabitants generally, the
more so that the more powerful among them having drawn all the business
to themselves and carrying it on to suit each other, the less favoured who
form the majority have gained nothing by it, notwithstanding all the care
taken by the Sr- de Lauzon governor of the sd. country And the price of
goods for trade with the Indians has fallen so low, that short of restoring
the trade to the Public stores, for the greater part at least it would fail
altogether in a few years, whereof the inhabitants have notified them,
even offering to restore the said trade to the said Company, which transfer
the Company has not deemed it proper to accept, knowing by the Course
of affairs in the said country and the reports made to them from year to
year, that the inhabitants being from now on well acquainted with the
means necessary for the success of the said trade the sole cause which now
deprives them of the result and advantage which the Country should
draw from is that the Community no longer deals with the public stores,
and that certain individuals draw the profit to themselves alone, and disturb
the price fixed for Trade with the Indians, whereto should it please
His Majesty to grant a suitable remedy for restoring the public stores
there would result a profit sufficient together with the fourth paid by the
inhabitants not only to meet the ordinary charges, but also to cancel
the debts of the said country, His Majesty wishing to provide for the said
petitions and supplications of the said Company, has ordained and ordains
that in future beginning with the present year, all goods suitable for the
fur trade with the Indians sent to the sd. country of New France, shall
be placed in the public stores, and consigned by the merchants or their
agents to the care of the clerks of the sd. Stores appointed by the Council
to be formed for the said trade, as will be hereafter explained, his Maty
most strictly forbidding all merchants, agents and others who shall import
the said trade goods, to make any other use of them on pain of confiscation
thereof, revoking and annulling for this purpose all passports which may
have been issued for sending trade Goods to the said country this present
year, Save on condition that those who wish to make use of them shall
undertake to carry out the present Rule; without power to claim on this
account any expenses, loss and interests.
1 Public Archives, Affaires Etrangeres, Memoires & Documents, Amerigue, Vol. IV, Decree for the Council
of New France, 1657, pp. 302-313. PUBLIC ARCHIVES
Immediately on the arrival of the Ships in the sd Country, the Merchants or agents shall be bound to bring to the Council of the said trade,
the invoice of the goods imported by them from France for making of the
value therof, with the costs and profit. Thereafter the goods intended
for the trade shall be taken into the public stores of Quebec, Three Rivers
and Montreal according to the fitness of the places where the said trade
may be most easy and profitable, as the said Council shall decide. And
in respect of other Goods such as woollens, haberdashery, linen, leathers,
shoes, liquors and others not [intended] for the [fur] trade, they shall
remain at the disposal of the said Merchants and agents to be retailed
to the inhabitants of the said country as usual, His Majesty most strictly
inhibiting and forbidding the said inhabitants, merchants, agents, Captains,
sailors, passengers and all others to trade in any way whatsoever in wine
or brandy with the Indians, under penalty of corporal punishment.
3.
The said Council shall cause the trade goods placed in the said Stores
to be distributed to the inhabitants for a month after the arrival of the
same, up to one half of what shall be considered tradable in each year
which goods shall be paid for by the said inhabitants to the Clerks of the
sd. Stores before delivery therof; or security shall be given by them for
payment before the departure of the Ships on their return to France.
And should the half of the Goods assigned to the sd. inhabitants not be
fully distributed through lack of cash payment on their part, or security
given for payment of what they may have taken during the said month,
the said half may be distributed to them during another month, should
the said Council see fit; And should the whole of the said half not have
been distributed during the said second month, through lack of cash or
security, what is left shall remain in the Store without any claim thereto
on the part of the sd. inhabitants. And one fourth of what has been traded
by the sd. inhabitants shall be punctually paid to the profit of the store, as
is customary.
The said trade Council shall consist of the governor of the Country, |
of a Director who shall be appointed for three years by the said Company,
and of four Councillors, two of whom shall be chosen by the Generality of:
the inhabitants of Quebec by a majority of votes with freedom of
suffrage; and the two others likewise by the Generality of the inhabitants
of Three Rivers and of Montreal, each on its own behalf, which four shall
have entry, session and deliberative votes in the said trade Council during
two consecutive years, after the expiration whereof two only of the said
Council shall be changed To wit one from Quebec, and one from Three
Rivers or from Montreal alternatively, And when those from Three Rivers
or from Montreal cannot attend the said Council at Quebec, They shall
each take diligent care that in the store of their locality, all that shall have
been ordered or ruled in the said council be punctually carried out.
The Procurator Fiscal of the said Company shall have entry and
session at the said Council, and care that the present Regulation be exactly
observed, and the ordinary charges met annually. REPORT FOR THE YEAR 1943
All matters relating to the said trade, the conditions and results
thereof, inducing the use of the monies derived from the fourth and the
profit of the trade done in the stores, both for the payment of the ordinary
charges, and of the extraordinary expenses, shall be debated and decided
only in the said Council by a majority of votes, with freedom of suffrage,
Save that nevertheless the said Council may neither retrench nor diminish
the salaries and charges fixed by previous regulations, whether for the
governor, communities or other persons, except for pressing and unforeseen
expenses, which the Sieur Governor may provide for on the spot, and should
there arise any division of opinion between the persons who shall form
the said Council, In that case the Governor's opinion shall prevail.
7.
A report shall be made each year to the said Council of the receipts
and expenditures connected with the sd. Stores, and the Procurator fiscal
of the said company furnished with a signed copy of each Report made
there before the departure of the said Ships, to be sent to the Secretary of the
said Company, And the said council shall likewise draw up each year before
the departure of the sd. ships a draft of the use of the monies accruing
from the said fourth and the profit of the said trade, which shall also be
given to the said Procurator fiscal, to be sent to the Secretary of the said
Company, for its opinion and consent as to the distribution and use of the
said monies, It being reasonable that since it voluntarily renounces the
profits of the said trade in favour of the Generality of the said inhabitants
it should know whether the said monies are being used according to its
intention for the welfare and advantage of the said Colony.
After the payment of the ordinary charges and Seignorial Dues,
and the expenses most pressing and necessary for the good of the country,
the surplus of the said monies accruing shall be used to pay the debts
of the Generality of the said inhabitants. The whole provisionally until
His Majesty shall have ordered otherwise on the advices to be given him
by the said Sieur Vicomte d'Argenson governor of the country and without
prejudice of former regulations which His Majesty orders to be executed
according to their form and tenor wherein not abrogated by the present
regulation, which in order that none may be ignorant of it, His Majesty
commands to be published and posted wherever needful, and that copies
compared by one of his Councillors and Secretaries shall have the same
force as the original.
Seguier
Delamoignon
Botjcherat
Barillon
Lalement II.
REMINISCENCES OF PIONEER DAYS BY A
LADY LOYALIST
Reminiscence of Mrs White of Whites Mills near Cobourg
Upper Canada. Formerly Miss Katherine Chrysler of Sydney-
Near Bellville, aged 79.1
Arrival of
the White
family at
Sorel.
by energy
and perseverance we got
on well.
Blessed by
Providence.
domestic
duties.
Trading for
Short of
provisions.
My father and Mother came from England, settled in the
United States- in St. Lawrence upon a farm which they purchased there, planted some trees and were beginning to prosper,
when the revolutionary War broke out in 1774. Hearing that
sugar was made from Trees in Canada, and being thorough
Loyalists, and not wishing to be mixed up with the Contest
about to be carried on, we packed up our effects and came over
to Canada, arrived at Sorel they staid some time, but a fire
happening at the house we occupied, in which [was] the Deed
of our land in the United States,
Guy Carleton, Lord Dorchester granted them 800 acres
of Land, with some Implement to clear away the Trees and settle
on lands called Sidney near Bellville.
The Country at that time, was a complete wilderness, but
by energy and perseverance, and a long time we got on very
happily.
Many years Afterwards my father tried to regain our farm
(Chryslers) in St Lawrence County- But the deeds being burnt
at Sorel- he could not do any thing. Although the American
Government would have put him in possession, if the deeds had
been forthcoming.
In those secluded wilds, their trust was in Providence who
blessed their endeavours.
They had two sons- and five daughters, one of the boys was
drowned-
Mother used to help to chop down the Trees, attended the
household duties and as the children grew up, they were trained
to industrious habits, we were very useful to her, attended the
cattle churned the butter- making cheese- dressing the flax,
spinning- in those days the spinning Wheel looked cheerful-
made our own cloth, and stockings; I have a gown now in my
possession that I made of homespun 60 years ago. We had
no neighbours but an old Englishman who lived at some distance
off was an occasional visitor. Before our crops came round,
having brought seed with us, supplied by Government, we had
rations from the Military posts, also when these were nearly
exhausted, father collected our Butter, Cheese and spinning,
taking them in a Batteaux to Kingston, which he traded off
for Salt, Tea, and flour- We had no Grist Mill at that time
nearer than Kingston.
The first Mill was put up at Napanee, afterwards.
The Bay of Quinte was covered with Ducks of which we
could obtain any quantity from the Indians. As to fish they
could be had by fishing with a scoup I have often speared
1 Public Archives, Coventry Collection, Upper Canada U. E. Loyalists, pp. 121-129.
xxviii REPORT FOR THE YEAR 1943.
large Salmon with a pitchfork- Now and then provisions ran
very scant, but there being plenty of Bull frogs we fared
sumptuously This was the time of the famine I think in 1788,
we were obliged did [to dig] up our potatoes after planting them
to eat.
We never thought of these privations but were alway happy
and cheerful- No unsettled minds no political strife. About
Church Government or Squabbling Municipal Councils. We
left everything to our faithful Governor, I have often heard
my father and Mother say, that they had no cause of complaint
in any shape, and were always thankful to the Government
for their kind assistance in the hour of need.
Of an evening My father would make shoes of deer skins
for the children and Mother homespun dresses.
We had no Doctors- no Lawyers- No stated Clergy, we
had prayers at home and put our trust in Providence- An old
woman in the next clearing was the Chief Physician to the
surrounding Country as it gradually settled. A tree fell one
day and hurt Mothers back very much, we sent for the old
woman who came, steeped some wheat made lye- applied it
very hot in a flannel, in a very short time she was well as ever.
Flax was cultivated in those halcyon days- One year we
grew 700 £wt. We spun and wove it into table linen- wearing
appearel- it lasted a very long time.
A handy fellow came along and made us our Chamber
looms, so that we could work away- and had no occasion for
imported finery, nor if we had, we could not have procured any.
as the girls grew up and settlers came round- a wedding
occasionally took place.
There was but one Minister, a Presbyterian, named Robert
McDonall a kind warm hearted man who came on horse back
through the Woods from Kingston and where he saw smoke
from a house he always made up to the residence, where he
was always welcome, he had a most powerful voice when he
became excited, he could be heard a mile off.
All who were inclined to marry, he spliced, with many a
kind word to the young folks, to be sure to be prosperous by
industry and perseverance. He married Mr White and myself
I have the certificate yet.
When the other girls would smirk and look so pleasant at
him, think he was a great benefactor to the race for he would
chuck them under the Chin and say- it will soon be your turn-
I am going to Clark, a long way off through the Woods,
with very few settlements on the way, and when I come back,
mind and be ready. *There was not much trouble in that- for
the girls had no dresses but what they spun and made for
themselves. We got along first rate so that when any of the
girls married afterwards they each had a portion of a 100 acres
1 Colt, 4 cows a yoke of steers, 20 sheep and linen which they
had spun and wove, some furniture which they made suited to
their Log House. Carpets were not known then, nor were they
wanted, as the floors of a farm house were always scoured
by their own industry.
My Mother died in 1834. she was blind for several years
previous to her death- she was in the 104th year of her age.
My father was killed by the raising of a barn.
Great
confidence
in the
Governor.
No Doctors
in the early
settlements
of Canada.
Cultivated
Flax.
No Minister
in the
Country
settlements.
The
Clergyman—
Marriages.
Missionary
visiting the
Country.
Marriage
portion. XXX
PUBLIC ARCHIVES t
Mr and Mrs
White
settlement
in Cobourg.
Burnhams
store—near
the Court
House.
great
quantity of
game.    fish-
Indians very
troublesome
and fond
of whiskey.
Got seeds
from
Montreal
had a fine
garden.
removed to
a farm.
Land very
cheap at
Cobourg.
Bought
land at
Rice Lake
built a Mill.
I was married to Mr White in 1812 and came to Cobourg
in 1813- it was quite a Wilderness, but a few small clearings
and only three houses in the place a rough Corderoy road that
led to the Lake.
We took a clearing made by Mark Burnham, brother to
Zacheus Burnham. we did very well, and as my husband used
to go to Montreal in a Batteaux which took him 3 weeks, to buy
goods for Burnhams store which he had opened near the Court
House, He had many ways independant of the Farm which he
left me to manage.
Mr Mark Burnham soon became rich for as settlers came
in they had plenty of Money which they had earned of the
Government, they never cared what they gave for any thing
so long as they got what they wanted. During our residence
upon the farm the quantity of game was astonishing.
Rabbits squirrils Ducks partridges Woodcocks without
end The brook were full of fish, if we wanted a Salmon for
breakfast, we had only to go to the brook and in a minute caught
all you wanted. Sometimes we caught a large quantity to
dry and smoke.
Old Fisher one Afternoon speared 70- in the mill stream at
Burnhams Mill. After a time My husband got up a smalL
distillery which proved at last to be a curse to neighbourhood,
it drew a vast number of Indians who became very troublesome,
who would throw logs of wood at our doors to obtain more
fire water.
It was very profitable, so we managed to put up with this
Indian annoyance- Mr Mark Burnham used to help at the
distillery, in those [days], when My husband went to Montreal,
he would be gone some five or six weeks, it was a hard fatiguing
journey.
My husband being a thorough Government man, one of
the old school, he was well protected and cared for and was
much respected by the Indians who he managed very well.
The Country was full of Indians. My husband used to
bring seeds from Montreal, here the soil was very rich and soon
we had a very fine garden which in those days was quite a
curiosity- In May we had fine Lettuce, and as to onions, they
were as big as turnips.
After staying at Burnhams clearing for four or five years.
By that time Mr White had saved enough to buy a farm we
have lived upon ever since. I do not know who made the
first clearing- but some of the fruit trees were planted when
we came to it.
Here we succeeded well had to work early and late, cared
not how the world went, we continued to thrive and brought
up our children industriously.
Land at that time about Cobourg was of very little value,
a good sized block leading from Smith's Buildings to the English
Church could have been bought for a saddle. By degrees,
others came in, so as to make a snug little community-
My husband, in hopes to benefit himself and family bought
land at Rice Lake, some twenty miles in the back Country,
here he built a Mill, so that all we gained by farming was lost
in this speculation.
I did not approve of this speculation and would not go there
to live.
OP "
REPORT FOR THE YEAR 1943
The old Minister used to say, attend diligently to what Settlers
you once undertake, and do not run from post to pillar; About be8an t0
15 or 20 years ago the Country began to be better known, jnto ^e
a great Many settlers came with money which greatly improved Country,
the state of things.    I never expected to see Steam Boats to
run too and fro- to the States nor Rail Roads to run through
our farm- A great many improvements have taken place- both Improve-
in Roads- and implements. ments.
Yet I do not think all these tend to make people contented
and happy, for the rising generation are not so much so [as]
theirs forefathers, they have ideas that can never be realized.
Give me the social spinning Wheel days- When girls were proud changes of
to wear a home spun dress- of their own spinning and weaving- the times.
Not thinking of high heeled Boots, and thin shoes. Nor rigged
out in hoops and Criniline, Salt cellar Bonnets, which have
occasioned a great demand for Doctors- which were almost
unknown in my young days.
Witness.
G. Coventry
J C White
(Signed),
Catherine White
Aged 79 years. III.
NEW DOCUMENTS CONCERNING THE MEETING OF THE
FATHERS OF CONFEDERATION IN LONDON, 1867
Strictly confidential1
Westminster P. Hotel
Jany 27th 1867
My dear Lord Monck
I hinted to you as we were leaving the conference yesterday that there
had been a breach of faith towards a section of the delegates by some
of the Spokesmen. I think it my duty to make the following statement
to you in the confidence that exists between us, and I leave you to act
as you may judge best. You will do me the justice to say if ever it should
become necessary—that I have not attempted to intrigue in any,way
either in Canada or in London against the scheme of union agreed to by the
Canadian Legislature. But you have known from the first that I, in
common with many, I might say all, the leading men of the party I belong
to, have felt very strong objections to some of the features -of the Quebec
scheme and especially to the plan of a fixed Upper Chamber. Indeed
I told the Conference at Quebec, and Mr. Brown & Mowatt, concurred
that believing the Imperial Parliament would never stultify itself by
enacting so absurd a constitution I yielded to the majority then reserving
my right to object & discuss the point at every favorable opportunity
afterwards. When M* Howland was asked to join the Government he
objected to become responsible for the Quebec scheme especially in the
matter of the Upper House. Brown's answer was "The thing is so ridiculous that no British Parliament will ever assent to it." and on this
suggestion, he took office. It has been no secret to our colleagues that
we held ourselves at liberty, if asked our opinion, to say we did not as
individuals, or as exponents of the views of the Liberal party of Upper
Canada believe that an upper House appointed for life, and fixed as to
its number, would work satisfactorily. But for the sake of the measure
as a whole, we declined to come to an open rupture with our colleagues,
although we have steadily argued and voted against that feature of the
scheme. After Mr. Cardwell's Despatch and the discussions that followed
in the press and elsewhere we felt strengthened in our hope and belief that
an amendment would be made here, and giving that as our reason have
thought it unnecessary to press the point with much urgency till very
recently. On the revision of the scheme, in London we found ourselves
obliged in order to avoid a split, to yield certain advantages to Nova Scotia
& New Brunswick. This was a departure from the Quebec Resolutions
and from our instructions as delegates, so far as the Canadian Legislature
may be held to have instructed us. We contended at the time that if we
were compelled to make new concessions on these points we should hold
ourselves released from any obligation to resist amendments on the other
points if they were proposed by the Imperial Government & met our
views. When therefore, we came to settle finally our Resolutions the Upper
House question was admitted to be open for reconsideration.   We discussed
1 Public Archives, Bellemare Papers, McDougall to Lord Monck, January 27th, 1867. r
REPORT FOR THE YEAR 1943
it for 3 or 4 days and on a trial vote we stood,—Upper Canada and New
Brunswick against the Quebec plan, and Nova Scotia (by a bare majority
of its delegates,) and Lower Canada for it. Still out of regard to the strong
prejudices & fears of L.C. and in view of the fact that this obnoxious feature
had been approved by the Canadian Legislature—we having announced
that the Quebec Resolutions] were a treaty & could not be amended
by one party to that treaty we yielded the point as to allow the Chairman
to state to Lord Carnarvon that the Provinces adhered to the Quebec
Plan but not without considerable differences of opinion among the
delegates. We insisted that there should be no argument in favor of the
Upper House feature by any one speaking in the name of the Conference
no one but the Chairman was to give the reasons unless specially asked—&
on this point it was to be admitted that our proposal was a Compromise.
Dr Tupper and Mr Cartier distinctly violated this arrangement and not
only argued for an appointed & fixed U. House but represented themselves
as speaking the individual views of the members of the Conference! You
may have.noticed that I immediately conferred with three or four of the
delegates who astounded at this breach of faith were determined to
denounce it and open the whole case, and take a vote then and there on the
subject. I thought it better to restrain this movement, and "wash our
dirty linen at the Hotel". I suggested to them that by holding our tongues
under provocation we would have a great advantage in our subsequent
discussions. They acquiesced & when we reached the Hotel, we opened
our fire, with guns double-shotted—We soon compelled a surrender.
Humble apologies were made, but the question being up we thought
it wise to press for the adoption of an alternative. M' MrCully had proposed some time ago that provision should be made for bringing the Upper
House into accord with public opinion by additional appointments if
necessary the proportions being maintained between the sections & the
appointments being subject to the approval of His Majesty in Council.
This was now moved again and debated all the afternoon. A good deal
of warmth was exhibited on both sides and it looked for a time, as if we
were about to be resolved into our original elements. Gait, who has
been very quiet heretofore mounted a high horse against the domination
of the West, and stiffened up Cartier & Langevin who seemed very willing
to yield. Tupper contended that Nova Scotia & the smaller Provinces
would be at the mercy of Upper Canada, that the fixed Upper House was
their only protection and they wanted it fixed just because it would make
a dead lock whenever the Govt & Lower House pro[posed] measures they
did not like. In other words he wanted (as I told him) that an
irresponsible Chamber of Crown appointees should during their lives
govern B America. & that when the Gov* & House of Commons of the
Confederation, 3 millions out of 4 of the people desired some reform of
the tariff or some public improvement in the West, or the admission of
new members to the Confederation, the District of Quebec, & the two
maritime Provinces might through their 37 men in the U. H. refuse assent
unless their demands for local advantages however unjust were at the same
time acceeded to. We took a vote on McCully's proposition and carried
it—10 to 7 having a majority in three Provinces L. C. alone being a unit
against it. So the matter stands. We are to meet early on Monday, and
finally settle our alternative proposition.
I have given you this rather tedious narrative in order that you may
know precisely how the matter stands. My advice is, if I may presume
to give it that Lord Carnarvon should not yield his opposition to the
Quebec plan, of a second Chamber. If he is inclined to give way at all
he might accept our alternative proposition with an excision of certain
86965—C xxxiv PUBLIC ARCHIVES
conditions with which' it may possibly be clogged. He will not break up
the conference by such a course—None of these sticklers for a Cast Iron
constitution dare go back to their constituents and tell them that they
seceded on such a ground.
It would have been easier for me & perhaps for you also if I had called
upon you & talked over this matter but as I have already heard whispers
of backstairs suggestions I thought it better to write. On this point being
unwilling to offend Gait or Cartier McDonald plays fast & loose though
he is with us in opinion & they suspect it. I have dealt frankly with them
all the way through and I believe they are much less offended with me
than with him.
Believe me as ever
very faithfully yours
W M
[William McDougall]
B
11 remember well the attitude of the Maritime delegates in London
when the vague and inartificial language of the Quebec Conference was
being moulded into statutory form. The independent, unrestricted and
exclusive right of the Provinces to legislate on the subjects witheld from
Parliament and assigned to the Provinces, was conceded by all, but the
English speaking representatives of the Maritime Provinces watched,
even more closely than their French colleagues, the turn of phrase and
collocation of words to prevent Federal invasion.
Can it be said that Manitoba is "defying all law", because her Government is engaged in constructing a local work within the Province, for the
benefit of the people of the Province, with the consent of the Legislature
of the Province and at the sole cost of her taxpayers? What law is she
defying?
Let us turn back a little in the history of our constitutional compact"
for information as to the intent of its framers when distributing the
law-making power between Parliament and Legislatures.
15 July/92
My dear Sir Oliver,2
In collecting materials for a political history of my own time, I shall
probably have something to say concerning you- which I hope will be
not only true, but complimentary. I have already ventured to correct a
misstatement of Gray in his 1'* vol. on Confederation. He says "the
question of an elective or a nominative Legislative Council was fully
discussed and decided by an overwhelming majority in favor of the latter
the President of the Canadian Council- the Hon. George Brown- leading
the liberal section of the Canadian Cabinet strongly in support." (p. 60)
i Public Archives.   William McDougall Papers, Draft of a letter in McDougall's handwriting [1887].
'Public Archives.   WiUiam McDougall Papers, McDougall to Sir Oliver Mowat, 15 July, 1892. REPORT FOR THE YEAR 1943 xxxv
I find the following note in my copy of Gray's book, written in 1873-
"A mistake- McDougall, seconded by Mowat, moved a resolution to
make the Senate elective. The negative vote was large. McDougall
then moved, seconded by Mowat, that the 24 Senators assigned to Ontario
shall be elected by the people of that Province. This was negatived after
much debate."
Mr Gray is right, no doubt as to the attitude of Mr. Brown in that
discussion, but I object to his sweeping assertion that the "liberal section
of the Canadian Cabinet" favoured a nominative Council. We were
outvoted and submitted to the inevitable. Does this accord with your
recollection? I do not ask you to write anything for the purpose of
confirming my statement, unless you are quite clear about it, and feel
disposed to go upon record on the point.
I shall probably have occasion to write you again upon some other
questions that have been misrepresented by the ill-informed and partisan
historians of the Confederation era. Permit me to congratulate you on
your good health and prolonged and successful carreer.
always faithfully yours
Department of Attorney General,
Ontario1
Toronto, 18th July, 1892
My dear McDougall,
I have your letter of the 15th. I have a very distinct recollection of
opposing the nominative system, and I have no doubt that you did so too,
but I have forgotten all the details, perhaps because in a few days afterwards
I accepted the Vice-Chancellorship, and from that time ceased almost to think
about politics until I was recalled to public life again in 1872. It is quite
probable that what you say in regard to the resolutions is correct, though
I cannot say that I have any distinct recollection on the subject of them.
Curiously enough I was long afterwards under the impression as you know
that Brown as well as ourselves had objected to the nominative system,
and was surprised when he assured me that I was mistaken. So you see
how completely details had been driven out of my mind after I had entered
upon the more congenial duties of the Bench. I hope that I shall be able
to answer any future questions with a better memory or more exact.
knowledge.
I am glad that you are preparing for a political history of your time.
I am sure that it will be interesting and valuable.
Thanks for your congratulations.
Faithfully yours,
0. Mowat
The Honourable William McDougall, C.B.
Ottawa.
I Public Archives.   WiUiam McDougall Papers, Sir Oliver Mowafc to McDougall, 18th July, 1892. IV.
LORD DUFFERIN SAVES THE QUEBEC WALLS FROM
DESTRUCTION, 1875
Private1
Ottawa
Nov1. 30th 1875.
My dear Mr Russell
I enclose you an article from the Morning Chronicle, a Quebec paper,
in the hopes that you will assist me in preventing a piece of vandalism.
A portion of the inhabitants of Quebec, for the sake of the additional
value it will impart to their private property, are anxious to have the
old walls of the city pulled down. I have steadfastly set my face against
this, as Quebec is the one city upon this Continent that possesses either
a history, or a quaint picturesque character in its architectural features.
By dint of taking a deal of pains, I have got a majority of the Town
Council, as well as the Dominion Government upon my side, and instead
of pulling down the walls they have agreed only to pierce them in those
places through which it is absolutely necessary to carry communications.
All the gates are to. be flanked with tourelles, which will break the uniformity of the walls, and archways are to carry a continuous pathway
round the whole enceinte. If this scheme is carried out it will render
Quebec one of the best ornamented cities in the world the views from
it's battlements being magnificent. The Town Council have voted
£6000 towards the work, and I am in hopes to persuade the Dominion
Government to contribute as much or more.
It would be of great assistance to us here in fighting this battle against
barbarism, if public opinion in England were to encourage the good work,
and a few words in your paper, favourably noticing the project, and
praising the citizens of Quebec and the Government of Canada for
appreciating the value of Quebec, as a historical possession, would be of
very great effect. I am the more tempted to ask your assistance, as I am
sure you will sympathize with the object in view.
Believe me
My dear Mr Russell
Yours sincerely
Dufferin
' Public Archives, Lord Dufferin's letter to Mr. Russell, Noti 80th, 1876.
xxxvi APPENDIX
CALENDAR OF SERIES Q
A series of State Papers composed of the official correspondence of the governors, lieutenant-governors, administrators and
other officials of Quebec and Lower and Upper Canada for the
years 1760-1841.
(A continuation of the calendar which was resumed in 1941 after an
interruption of several years. The first instalments appeared in the
Reports from 1890 to 1902.) FOREWORD
The State Papers a portion of which are calendared in the present
appendix are designated as Series Q. at the Public Archives, Ottawa, and
as Series CO.42 at the Public Record Office, London. They comprise
431 volumes and extend from 1760 to 1840 for Quebec and Lower Canada,
and from 1791 to 1841 for Upper Canada.
Vols. 1-246, covering the years 1760-1838 for Quebec and Lower
Canada, and Vols. 278-395, covering the years 1791-1836 for Upper Canada,
were calendared under the first Dominion Archivist, Douglas Brymner.
As successive parts of the calendar were completed, they were published
as appendices to the annual reports of the Archives from 1890 to 1902.
After Dr. Brymner's death, the work was discontinued and the
remaining volumes of the series, Vols. 246, pt. 2 to 277 (1838-1840) for
Lower Canada and Vols. 395 to 431 (1836-1841) for Upper Canada, were
thus left uncalendared. The work was resumed in 1937 under the new
Deputy Minister and is now complete. Two instalments of the continued
calendar were published in the Reports for 1941 and 1942, thus bringing
to an end the calendar of the papers relating to Lower Canada.
With the present instalment is resumed the calendar of the papers
relating to Upper Canada.
For the information and guidance of historical students, here is a
table of the periods covered by the volumes relating to Upper Canada
already calendared, with indication of the reports in which the relevant
instalments will be found:
pp. 1-177
pp. 286-399
pp. 1-50
pp. 1-79
pp. 81-179 .
pp. 181-329
pp. 331-390
Vols. 278-290 (1791-1801) Calendared in Report for 1891,
291-310 (1801-1807) | |
311-317 (1808-1813) I |
318-324 (1813-1818) " I
325-334 (1818-1823) | |
335-350 (1824-1828) " §
351-358 (1829-1831) | P
359-373 (1824-1832) not calendared
374-388 (1832-1836) Calendared in Report for 1900;
389-395 (1818-1836) " " 1901,
1892,
1893,
1896,
1897,
1898,
1899,
pp. 391-540
pp. 541-601
As volumes 359-373 consisting of the correspondence and papers
relating to the Canada Company of Upper Canada were not calendared,
as indicated in the above list, the calendar of these volumes is first published
in the present report. It is then followed by the first instalment of the
calendar of the remaining volumes of the series, resuming the work where
it was left off, starting with volume 396. SERIES  Q
UPPER CANADA
Series Q. Vol. 359, pt. 1
CANADA COMPANY, 1824-1825
1824
John Gait to Earl Bathurst [Secretary of State].   Transmits February 17,
the outline and principles of the plan for the sale of Crown Reserves 18 Dow7ung st-
in Canada, which had been submitted to the Chancellor of the
Exchequer.   This has been confined to a specific object so that it
may be tested on a small scale. p. 1
Enclosed:
Outline and principles of a plan for disposing of the reserve
Crown Lands in Canada, in order to render the proceeds available
for the discharge of claimants; the expense of making canals and
roads, and other extraordinary public demands and undertakings,
17 February, 1824. p. 2
Gait to Bathurst. Suggests that the plan for the sale of Crown February 21,
Reserves should be limited to 500,000 or 1,000,000 acres, and that 18DowmngSt-
the lots should be fixed and described as though they were portions
of an estate. The principles of this plan are those which were
embodied in the report of the Land Committee of Lower Canada, but
the object is the reserves of Upper Canada. The execution should
be under the Colonial Department. p. 13
Gait to R. Wilmot Horton [Under Secretary], private.   States March 4,
that in the event of the adoption of his plan, he will submit a plan      ownme
for the method by which the sale should be conducted so as to obviate
the necessity of asking Parliament for any money for Canada.    Desires
an interview in order to discuss the Jesuit property. p. 14
Gait to , private.   Phrases the request which he wishes Ha^ch8.n
to be made to him, in order to enable him to submit a plan of a      owmng
company to purchase Crown Lands on a large scale. p. 15
Gait to Wilmot Horton, private.   Suggests that the interest on Jjjawfr
the money obtained by the plan could be used for making the necessary surveys.   Requests an early answer to this suggestion.     p. 16
Enclosed:
Gait to Bathurst, 18 Downing St., 9 March, 1824. Submits
enquiries respecting the proposed sale of Crown Reserves: (1) Would
600,000 acres be sold between Lower Canada and the St. Clair River,
under specified conditions? (2) As to sum to be paid.* (3) As to
engagements for the protection of the interests of the company
concerned. p. 18
Wilmot   Horton   to   Gait,   private.   Protests   against   Gait's 55jj£8J
statement that Wilmot Horton had given it to be understood that
the  Government  "intended"   and   "resolved"  to  sell the  Crown
Reserves.   Points out that the expression used had been that the
5—If 3
Downing St.
Downing St. March 31,
18 Downing St.
PUBLIC ARCHIVES Q- 359, pt. 1
Government intended to "gain information" on the subject. Feels
that the proposal made to Bathurst would be rejected if pressed
as an'immediate measure, and that no pledge could be given until
complete information had been obtained. p. 20
Gait to Wilmot Horton, private. Transmits a letter relative to
the formation of a company, and requests an interview. p. 22
Enclosed:
Hullett Brothers & Co. to Gait, Leadenhall St., 31 March,
1824. p. 23
Gait to [Wilmot Horton], private. States that he has received
another enquiry from the City, urging an immediate decision as to
the basis of an agreement with respect to the value of the land.   p. 24
Hullett and Gait to Wilmot Horton.
at one o'clock on Thursday, 8 April.
April 9,
18 Downing St.
State that they will call
p. 25
Gait to Wilmot Horton, private. States that Robinson and
Strachan have consented to give advice respecting the Upper Canada
reserves, and requests that they should be given authority to do so.
Asks for a copy of the plan for the settlement of Upper Canada,
1817. p. 26
Gait to Wilmot Horton. States that no further progress can-
be made with respect to the Canadian land company until the price
of the land shall have been determined.   Suggests $1 per acre.    p. 27
Plan  of
Strachan's.]
company,  signed  by  Gait.
[Enclosure  I,  in Dr.
p. 28
Questions proposed by Mr. Gait, with answers. p. 67
Queries respecting Upper Canada, answered by W. Gilkison. p. 54
Observations of S.  McGillivray on the answers of Rev. Dr.
J. Strachan and J. B. Robinson to questions by Gait. p. 74
Queries    respecting    Upper    Canada,
Macdonnell.
answered   by   Bishop
p. 41
April 24,
1 Gt. Stanhope
Gait to Wilmot Horton, private.   Requests an interview and
consideration as to the advisability of an official enquiry regarding j
the Crown Reserves, and of certain points respecting the loans which I
have been arranged. p. 30 j
William Dunlop to Gait. Replies to questions as to land, settle-
ment, population, and conditions in Canada. p. 58
Gait to Wilmot Horton, private. Transmits a brief abstract of
the proposed Canada Company. Suggests a plan for investment
of the proceeds. p. 35 1
Enclosed:
Abstract, 26 April, 1824.
p. 36 Q. 359, pt. 1
REPORT FOR THE YEAR 1943
Gait to Wilmot Horton.   Transmits a copy of the proposal       1*24
which the Canada Company intends to submit, and requests an SfeJJi-^a
interview with Bathurst for a deputation from that company,    p. 78 st.
Enclosed:
Proposal.
p. 79
Gait to Wilmot Horton.    Transmits additional considerations Jot^eldenhaii
respecting the Canadian Land Company.
p. 84 st.
Enclosed:
Additional considerations.
p. 85
Gait to Wilmot Horton.    Requests an early decision with respect yffiomaw st.
to the proposed company. p. 86
Wilmot Horton to Gait.    Acknowledges letter of 14 May, and DOW& st.
transmits privately Bathurst's observations on the proposal of the
Canada Company, in order that other resolutions may be prepared.
States that he will arrange an interview.    [Headed No. 1 (49).]    p. 81
Enclosed:
Remarks on Mr. Gait's proposals.
p. 82
Gait to Wilmot Horton, private,
would like to have Wilmot Horton's opinion on details respecting st!J
the working machinery, and hopes to see him at the opera that
evening. p. 87
Gait to Wilmot Horton.    Requests a copy of the exports and Downing st
imports to and from Canada over a period of years. p. 88
Gait to Wilmot Horton, private. Refers to Wilmot Horton's ^Downing st
letter of 21 May, and transmits new proposals respecting the Company. The blanks will be filled up at the interview. States privately
that the committee hopes that the commissioners nominated by the
Government will be paid for the valuation, and that there should be
three commissioners on the part of the Company. p. 89
Enclosed:
Proposals, 26 May, 1824.
Gait to Wilmot Horton.
together with the observations of the committee,
to these observations, and an interview.
Enclosed:
(1) Report, 1 June, 1824.
(2) Observations, 2 June, 1824.
p. 90
;ation, \
Requests a reply
p. 93
p. 97
p. 94
Gait to Wilmot Horton, private.    Transmits papers expressing J^^
his views and understanding as to the nature of the agreement to be
entered into with respect to the land company.    Gives his opinions
on the subject and of the misunderstanding which has arisen.      [Enclosures not at this place.] p. 102 June 8,
Downing St.
PUBLIC ARCHIVES
Q. 359, pt. 1
Gait to Wilmot Horton, private. Transmits a draft of his
intended report and requests that this should be looked over, in order
to obviate any misunderstanding. Encloses also a copy of the
memorandum which was read yesterday.. P- 108
Enclosed:
(1) Draft, private, 7 June, 1824.
p. 109
(2) Memorandum in Gait's hand, as to his interview with Wilmot
Horton, as a result of which he is satisfied as to the intentions of the
Government, 7 June, 1824. p. 105
June 17,
Downing St.
Wilmot Horton to Gait. Acknowledges letter and requests
immediate correction of a misrepresentation respecting the attitijMl
of the Government, contained in the memorandum which was enclosed
therein.    [For memorandum see p. 117.] p. 113
June,
18 Downing St.
Gait to Wilmot Horton, private. States.that he has only an
imperfect copy of the printed papers. The whole was intended for
people only recently aware that there was such a place as Upper
Canada. Undertakes to send several copies tomorrow. Points to
the difficulty of obtaining directors and gives a list of those agreed
upon. p. 114
Gait to Wilmot Horton, private. Transmits a memorandum,
respecting the Canadian Company, and states that Wilmot Horton's
objection had been anticipated. It has not been intended to permit
that these papers should fall into other hands than those immediately
concerned, and everything will be submitted previously to Wilmot
Horton, with the understanding that only a basis of agreement has
been reached as yet. States that Charles Bosanquet and Messrs.
Wilson and Pelly may be directors. p. 116
Enclosed:
Memorandum, private.
Canadian Company.
p. 117
June 18,
Downing St.
Wilmot Horton to Gait. Acknowledges letter of 18 June, and
points out that the memorandum contained therein is objectionable
in the highest degree, as inferring that negotiations have been completed. States that should this paper have been placed in other hands,
he will protest in Parliament. p. 122
. Gait to Bathurst. Refers to the interview given to the committee
of the proposed company, and in view of the difficulties connected
with the valuation of land, makes a specific offer to take up 160,000
acres for 15 years, at a cost of £20,000, and that 2/6 per acre will be
paid for additional land taken up. p. 126
Memorandum respecting payment for the lands.
p. 124
JulyS,
Downing St.
Wilmot Horton to Gait. Discusses the value of lands in Upper
Canada, and points out that the offer made by the proposed company
would secure a profit which would be unfair to the public. [Headed
No. 3.] p. m Q. 359, pt. 1
REPORT FOR THE YEAR 1943
Gait to Bathurst.   Acknowledges letter from Wilmot Horton,       W24
and replies to the points raised with respect to the value of land in July 8,
Upper Canada.    Declares that the committee cannot proceed further London>
until the extent of the capital to be risked shall have been determined, p. 136
Wilmot Horton to Gait. Acknowledges letter of 8 July, and July io,
states that in view of the discrepancy between the Colonial Depart- Downing st-
ment and the committee, with respect to the value of the land, the
only solution will be to have a valuation made. Instructions will
be given in such a manner as to obviate the necessity of referring to
England for confirmation of the award of the commissioners. [Headed
No. 4.] p. 155
Wilmot Horton to Gait.    Returns the memorandum respecting July io,
the mode of paying for the reserves.    [Enclosure not at this place, Dowimi«st-
but a note as to its contents is given.]    [Headed No. 5.] p. 157
Gait to Bathurst,    Acknowledges letter of 10 July, and sum- July 12,
marizes the stage to which he believes that the negotiations have 18Dowiun«st-
now attained. p. 158
Wilton Horton to Gait. Acknowledges letter of 12 July, and July 1?,
gives Bathurst's views respecting the propositions for the Canadian owmng
Company as stated therein.    [Headed No. 6.] p. 160
Gait to Bathurst.    States that the letter of 15 July has been July 17,
submitted to the committee, and it was intended to propose that the Dowmng st-
price should be regulated by the cash value of lands on or before
1 March. p. 162
Adam Gordon [clerk] to Gait.    Acknowledges letter of 17 July, July 24,
and accedes to the proposition made therein.    States that the Crown Dowmng st-
will be entitled to resume land which may be required for public
purposes, on payment of reasonable compensation.    [Headed No.
7.] p. 163
Gait to Bathurst.    States that the Canada Company has been My 31,,
organized, and that a court of directors will be held on 12 August,      ownms
to nominate two commissioners for Canada.    Transmits a lists of
directors. p. 164
Enclosed:
List.
0. 165
Gait to Bathurst.    Requests an interview for S. McGillivray and ^g18*3:
himself, to submit an outline of instructions to the commissioners      ownmg
for the Canada Company. p. 167
Wilmot Horton to Gait. Explains delay in answering Gait's A"^8* 10«
letter, and declines the offer of 100 shares in the Canada Company. sqSXfc*
Requests Gait to call upon him. p. 168
Gait to Bathurst.    Gives an extract from the minutes of the £jj*jj£1JkVWB
first meeting of the Canada Company, respecting the appointment   on on  avern'
of McGillivray and  Gait as commissioners.    States  that Messrs.
Freshfield and Kaye are the solicitors of the Company. p. 169 August 13,
Downing St.
PUBLIC ARCHIVES
Q. 359, pt. 1
Gait to Wilmot Horton. Transmits a draft of the instructions
to the commissioners of the Canada Company. These instructions
will not be adopted until the instructions to the commissioners for
the Crown shall be known. Urges the adoption of the views expressed
in these instructions. Declares that he is now a servant of the
Company and therefore not free to make suggestions. S. McGillivray
will conduct correspondence during his absence. p. 171
August 23,
Eskgrove
House.
Enclosed:
(1) Draft instructions. P« 173
(2) Sketch of the manner in which a township is laid out in
Upper  Canada. P- 178A
Wilmot Horton to Gait, private. Acknowledges public and
private letters of 13 August. The answer to the public letter will
be given to E. Ellice when Bathurst shall have reached a decision
upon the remarks made therein. Regrets the misunderstanding
between Gait and himself, and requests that the correspondence
may be submitted to him so that passages can be marked.        p. 179
[Gait] to Wilmot Horton, private. Discusses the disagreement
which had risen between Wilmot Horton and himself. p. 181
18 Downing St.
September 16,
Downing St.
September 22,
18 Downing St.
September 22,
2 Suffolk Lane,
Cannon St.
Gait to Wilmot Horton, private.   Requests an interview, p. 184
Memorandum,   in   Gait's   hand,   that   Wilmot   Horton   never'
consented to fill up the blank in the instructions with the figure
10,000 acres. p. 185
Wilmot Horton to Gait. Acknowledges McGillivray's letter of
2 August, and states that instructions to commissioners should be
based upon an agreement between the Company and the Government. Urges that heads of such an agreement should be submitted
to Bathurst. Lieutenant-Colonels Cockburn and Harvey will be
appointed as commissioners on the part of the Government, which
will issue instructions to all the commissioners.  [Headed No. 8.] p. 187
Wilmot Horton to Gait. Expresses his private views with regard
to the land to be purchased.    [Headed No. 9.] p. 190
Gait to Wilmot Horton, private. Returns the notes of which
he has had the use. Observes that Wilmot Horton's notes have been
used as official documents. p. 192
Gait to Bathurst. Transmits documents as suggested in Wilmot
Horton's letter of 16 September. p. 193
Enclosed:
(1) Extract from the minutes of a meeting of directors of the
Canada Company. p# 194
(2) Heads of an agreement between His Majesty's Government
and the Canada Company, 22 September, 1824.    ' p. 195
(3) Report  of a special committee of the  Company,
enclosure not at this place.]
[This Q. 359, pt. 1
REPORT FOR THE YEAR 1943
Wilmot Horton to Gait. Transmits the heads of an agreement 1824
between the Government and the Canada Company. p. 201 Dowm?8st;
Enclosed:
Heads of an Agreement, 24 September, 1824. p. 202
Gait to Wilmot Horton, private.    Gives his personal views with October 9,
respect to the proposals.    States that he will get the opinion of the 18 Downins st.
directors. p. 210
Gait to Wilmot Horton,  private.    Points out that the term October n,
"uncleared" has been omitted from the agreement respecting valua- 18Downingst-
tion, and requests an early confirmation of his surmise that this is an
error on the part of the copyist.    Points out objections to the agreement, p. 212
Gait to Bathurst. States the objections of the directors to the October 13,
proposed agreement, and requests an interview for a deputaton-. p. 214 18 Downinsst-
Gait to Wilmot Horton, private and strictly confidential.  Gives October 14,
his views with respect to the draft of a charter which was sent to the 18 Downinsst-
Colonial Department by the directors of the  Canada Company,
on 30 August.    Urges recall of the papers. p. 217
Wilmot Horton to the Canada Commissioners, private and October 16,
confidential. Acknowledges letter of 14 October, and replies to the Sudbrooke-
I points raised therein. p. 222
Gait to Bathurst.    Transmits the observations of the Canada October 20,
Company upon the draft of an agreement recently submitted to London-
I that Company. p. 225
Enclosed:
Remarks.
Suffolk Lane, 20 October, 1824.
.226
Gait to Wilmot Horton, private. Transmits a printed copy October 21,
of the prospectus referred to in the Remarks of the Canada Company. Dowiuns st-
j [Enclosure not at this place.] p. 249
Report that an understanding has been reached with the Canada October 26.
j Company, and that a new and final offer is to be made. p. 256
Statement of the points remaining to be settled.
p. 250 November.
Wilmot Horton to Gait.    Transmits a draft of all the alterations November 26,
which Bathurst is prepared to make in the minute transmitted on Downmsst-
8  October.    This   has   been   decided   upon  after   communications
between the solicitors.    Requests a  decision  from the  Company
upon this agreement which constitutes a final offer.    [Enclosure not
at this place.]    [Headed No. 11.] p. 254
Gait to Bathurst.    States that the directors of the Canada ^|^e£^
Company have accepted the agreement, and have nominated the cannon st.ane'
following   gentlemen,   John   Richardson  and   Samuel   Gerrard  of
Montreal, with John Davidson of Quebec [now in London], as fit and
proper  persons  for  the   office   of  fifth   commissioner.   Expresses
thanks for the consideration shown. p. 257 December 9,
Downing St.
December 14,
Downing St.
December 18,
Downing St.
December 27,
Downing St.
December 31,
Downing St.
PUBLIC ARCHIVES Q. 359, pt. 1
Wilmot Horton to [Canada Company]. States that John
Davidson has been selected has the fifth commissioner, on the grouiM
that his presence in London at this time will facilitate the business
of the commission. P- 259
Gait to Bathurst. Requests permission to dedicate to the
King, the large map of Upper Canada made by the Surveyor General
of that province and now in process of publication by the Canada
Company. P- 263
Gait to Bathurst, private. Expresses his disappointment at
having been named only as the fourth commissioner, and his expectation that he would have been placed at the head of this body.    p. 260
Gait to Bathurst. Acknowledges the answer returned to his
private letter, and explains that he has no desire to upset the arrangements regarding the precedence of the commissioners, but states
that he feels that he should have received some acknowledgment
of the service which he had rendered. p. 264
Gait to Wilmot Horton, private. Enquires as to whether he
should not receive an official notice as to the appointment of
Davidson. p. 267
Wilmot Horton to Gait, private. States that Bathurst is at
a loss to reply to Gait's letter of 4 December. Points out that Gait
should look to the Canada Company for thanks for having founded'
it. Trusts that the satisfaction of his own feelings will be a reward
for his patriotism, and that he will have the additional satisfaction
of seeing his shares at a high premium. p. 262
Wilmot Horton to Gait. Refers to letter of 26 November and
transmits a memorandum of heads of provisions to be introduced
into the charter for the Canada Company, and of the heads of the
provisions of the bill which it is intended to propose to Parliament.
Requests that the directors of the Canada Company should consider
these documents.    [Enclosures not at this place.] p. 268
Wilmot Horton to Gait. States that Bathurst has requested
that the whole of the cost of the commission should be defrayed by
the Canada Company, and that the proportion due from the Crown
should be paid from the purchase money, when due. p. 269
Wilmot Horton to Gait. Refers to Article 30 of the intended
arrangements and requests a decision from the Company on the
alternatives given therein. p. 270
Gait to Wilmo't Horton. Requests to be appointed as a member
of the Council of Upper Canada, in view of the importance of the
Canada Company. p. 271
Gait to Wilmot Horton. Acknowledges letter of 27 December,
and states that the Company has selected the first of the alternatives
given therein. p. 273
Wilmot Horton to Gait. Refers to letter of 20 December, and
proposes that the Crown commissioners shall receive the same
remuneration as those acting on behalf of the Company. p. 274 Q. 359, pt. 1
REPORT FOR THE YEAR 1943
Gait   to  Wilmot   Horton,   private.    Acknowledges   letter   of       1825
31 December, and refers to previous proposals that the Canada January i.
Company  should  be  given influence  in  the  Legislative  Council. Bath'
Advocates this step. p. 275
Wilmot Horton to Gait.    Transmits certified documents for the January 3,
Downing St.
.277
information of the Canada Company.
Enclosed:
(1) Minutes of the intended arrangements. p. 279
(2) The heads of the provisions to be inserted into the charter
to be granted to the Canada Company. p. 305
(3) The heads of the provisions of the bill which Bathurst
proposes to bring into Parliament. p. 314
(4) Commission to be granted to the commissioners appointed
to value the lands in Upper Canada. p. 316
(5) Instructions to the commissioners. p. 319
Gait to Bathurst.
enclosures.
Acknowledges letter of 3 January, with its January 4,
97S ^ Suffolk Lane:
Wilmot Horton to [Gait], private.    States that S. McGillivray January e.
[ has also requested an appointment to the Legislative Council and
I has been informed that these matters are left to the Lieutenant-
I Governor.    States that he will lay Gait's application before Bathurst
j unless he should prefer to write direct. p. 328
Series Q. Vol. 359, pt. 2
CANADA COMPANY, 1824-1825
Memorandum   respecting  the   negotiations   with  the   Canada <
I Company. p. 462 J
Memorandum
j Company.
respecting   the   agreement   with   the
Canada
p. 471
Rev. J. Strachan to Wilmot Horton. Transmits remarks on
[Gait's memorandum respecting a land company [12 April], and
I states that Peter Robinson is agreed as to the fairness of his observations.    Robinson's remarks will be ready by the next day.        p. 484
April 13,
19 Bury St.,
St. James.
Enclosed:
Remarks.
[Headed No. 2.]
p. 485
Wilmot Horton to Strachan. Requests an immediate report
[from Strachan and Robinson upon the proposition made by
iGalt. p. 488
June 30,
Downing St.
Strachan and Robinson to Wilmot Horton.
■proposal made by Gait.
Report upon the 1
p. 489 ]
Enclosed:
Calculation.
86965—2\
p. 496 J. Stephen [Counsel for the Colonial Department] to Wilmot
Horton. Transmits papers respecting the Canada Company, including the draft of a letter to the law officers, which Bathurst has
decided not to send. P« 406
Enclosed:
Unsigned to Law Officers. [Draft.] Requests an opinion as to
power of the Crown to sell reserves. [Other enclosures not at this-
place.] p. 407
August2i, Simon McGillivray to Wilmot Horton.    Requests a decision
2 Suffolk Lane.  from Battmrst with respect to the draft instructions to commis-
Declares his willingness to give any information that may
McGillivray to Wilmot Horton. Transmits copy of the petition
for a charter for the Canada Company and requests that the business
should be expedited. p. 330
p. 333
p. 335
Transmits remarks
p. 420
Lieut.-Col. F. Cockburn to Wilmot Horton.
concerning the proposed Canada Company.
Wilmot Horton to Cockburn,
States that no promise
private,
was given as to the figure by which the price of land was to be regulated, p. 425
Septembers [Wilmot Horton] to [Cockburn], private.    Transmits copy of
owning   .     Gift's letter of 13 August, and points out that it would be very
inconvenient to answer it.    Suggests a means to circumvent the
difficulties which have arisen.    [Enclosure not at this place.    See
Q. 359, pt. 1, p. 171.] p. 428
IvSkenw' Lieut.-Col. Sir John Harvey to [Wilmot Horton], private.    Gives
his views with respect to the negotiations and of the agreement with
the Canada Company. p. 477
Cockburn to Wilmot Horton. Requests to be informed as to
whether it was intended to give notice to Lord Dalhousie as to
Cockburn's appointment as a commissioner. p. 435
Dalhousie to Harvey. States that as he has made it a rule to
separate civil and military affairs in Canada, he cannot sanction
Harvey's appointment as a commissioner to value lands to be sold
to the Canada Company. p. 482 Q. 359, pt. 2
REPORT FOR THE YEAR 1943
13
Cockburn   to   [Wilmot   Horton].     States   that   the   letter   of       1824
16 September, has been referred by the Canada Company to a com- September 19,
mittee.    A report thereon will be submitted to the directors.    Fears 9HanoverSt-
some renewed discussion.    States that he will call at the C61onial
Office. p. 436
[Wilmot lEorton] to Cockburn. Transmits papers respecting September [22],
the Canada Company and requests attention to the annotations Downin8st-
which he has made thereon. Gives his recollection of the chain of
circumstances which appears to have committed him to have promised government sanction of the measure. Raises other points
with respect to the prospectus got out by the Company. These
papers should be shown to Dr. Strachan, who should be asked to make
explanations to Sir Peregrine Maitland. [Enclosures not at this
place.] p. 431
Wilmot Horton to Cockburn. Transmits papers respecting September 23,
the Canada Company and recapitulates points raised in letter of DowninsSt.
[22] September. States that Bathurst refuses to allow the negotiations to proceed unless the Company withdraws the remarks which
infer that the sanction of the Government has been given. Cockburn
is to see some of the parties in order to secure this withdrawal.
[Enclosures not at this place.] p. 437
Heads of an agreement proposed by Earl Bathurst to the Canada September 24.
Company. p. 441
Cockburn to  Wilmot  Horton.
has received from Lord Dalhousie.
Transmits
letter   Which   he September 24,
p. 448 9HanoverSt-
Enclosed:
Dalhousie to Cockburn, Dalhousie Castle, 18 September, 1824.
States that as he has always made it a rule to separate the civil and
military affairs of Canada, he cannot sanction Cockburn's appointment as a commissioner to value lands to be sold to the Canada
Company. p. 449
Cockburn to Wilmot Horton.    Offers to decline the appoint- October 8,
ment  as  commissioner,   in  view   of the   continued  opposition  of 9   anover **
Dalhousie. p. 450
Enclosed:
Cockburn to Bathurst, 9 Hanover St., 8 October, 1824. Offers
to decline the appointment as commissioner, in view of the continued
opposition of Dalhousie. p. 451
Cockburn  to   [Wilmot  Horton],   private.    Transmits  a  letter October 12,
from S. McGillivray and a note from Stephen, with reference to 9HanoverSt-
Gait's letter,  and discusses  some  points  mentioned therein. [Enclosures not at this place.] p. 452
Wilmot  Horton to  Cockburn,  private.    Returns  papers  and October w,
expects no difficulty with respect to the agreement, except as regards Sudbrooke-
the right to trade which must be governed on general principles to be
laid down in relation to the doctrines of the Lord Chancellor and the
outstanding  orders  of  Lord   Lauderdale  on  this  subject.    States PUBLIC ARCHIVES
Q. 359, pt. 2
that he has heard that the Company has made an attempt to secure
a charter without the knowledge of the Colonial Department, and
refrains from comment on this step. P- 454
Cockburn to Wilmot Horton. States that the papers to be
prepared by the Canada Company, with reference to Wilmot Horton's
letter of 14 October, will not be ready until about Wednesday next.
Transmits an official letter of 30 August to show that the Company
had written to the Colonial Department with respect to the charter.
[Enclosure not at this place. See Q. 359, pt. 2, p. 330, under date of
30 August.] P- 456-
Cockburn to Wilmot Horton. Transmits an official application
for remuneration for expenses incurred by remaining in London, p. 457
Enclosed:
Cockburn  to   Wilmot   Horton,
1824.
Hanover   St.,   20   October,
p. 458
Stephen to Wilmot Horton. Transmits an amended draft of the
proposed arrangement, and draws attention to alterations in
it. p. 414
Enclosed:
Draft of a clause to be substituted for Clause 18.
November 30,
Downing St.
p. 417
Cockburn to Wilmot Horton. Reports the result of his visit
to Bathurst and requests that this should be officially communicated
to the Company. pp. 461, 465
Cockburn to [Wilmot Horton], private. States the satisfaction
of the Company with the papers. Due credit has been given to the
Colonial Department. Points out that the word "uncleared" was
omitted by mistake from'the clause respecting valuation. It would
appear that negotiations will be brought to a satisfactory termination, p. 459
Wilmot Horton to Cockburn. Transmits the names of three
gentlemen who have been proposed as candidates for the office of
fifth commissioner, and requests that the commissioners already
appointed should concur in these nominations. p. 464
Cockburn to Horton. States that he has the concurrence of
the four commissioners to the nominations already made for the
office of fifth commissioner. Requests that the selection should be
communicated as soon as possible, and that the commissioners
should obtain a copy of the agreement, instructions, and commission. p. 463
Wilmot Horton to Cockburn. Points out reasons for which it
would be impossible to permit the Company to send out the commissioners, prior to an agreement, as to the wording of the charter
and of the act of Parliament. p. 466
McGillivray to Bathurst. Requests that Bathurst would
honour a dinner to be given to the directors and commissioners of
the Canada Company. p. 373 Q. 359, pt. 2
REPORT FOR THE YEAR 1943
John Davidson to Wilmot Horton.    Expresses thanks for his       1824
appointment as a commissioner to value lands to be sold to tin December 3,
Canada Company. p. 483 r
, 43ClargesSt.
Cockburn to Wilmot Horton.
been upward of £300.
States that his expenses have December n,
J.  Croker  [First  Secretary]  to  Wilmot  Horton.    States that December 14,
H.M.S. Romney will be  directed to  transport the commissioners, Admiralty-
and requests to be informed as to the number of persons to be
provided for, and of their ranks. p. 503
Cockburn to Wilmot Horton.    States that each of the com- December 16,
missioners will take a servant,  and that he has no information pE^James'8
respecting the secretary.    Suggests that the commissioners should be
landed at New York or any other United States port from which
there would be direct communication with Upper Canada.      p. 469
McGillivray to Wilmot Horton, private.    Acknowledges letter December 16,
of 14 December, addressed to Gait, and states that it will be laid 2SuffolkLaile-
before the directors.    Draws attention to the use of the word "inspection" with reference to land, and points out that it might lead to a
misconception as the commissioners will probably be satisfied with
evidence as to the value of land. p. 375
W. Williams [Deputy Chairman] to Bathurst.    Acknowledges December is,
letter of 14 December, addressed to Gait, and states that the directors 2 Suffolk Lane.
have approved of the memoranda enclosed therein.    Draws attention
to small matters which might be adjusted in preparing the charter.
Requests that the papers should be officially communicated, and that
no delay should occur in passing the charter. p. 377
Williams to Bathurst.    Acknowledges Wilmot Horton's letter December 20,
of 18 December, addressed to Gait, and states that the directors 2 Suffolk Lane"
are prepared to advance the whole of the expenses of the commission.
[Endorsed: This letter has been substituted for one received on the
20th.] p. 381
Williams to Bathurst.    Transmits copy of the instructions which December 20,
wiU be given to S. McGillivray and J. Gait. p. 382 * Suffolk Lane.
Enclosed:
Instructions, London, 18 December, 1824.
.383
Wilmot Horton to Williams. Acknowledges letter of 18 Decern- December 24,
ber, and states that the suggestions made therein will be attended Dowmnsst-
to in the preparation of the charter. p. 380
Wilmot Horton to Williams. Acknowledges letter of 20 Decern- December 24,
ber, and expresses satisfaction that the Company has undertaken Downing st.
to advance the expenses for the commission. p. 387
Cockburn to [Wilmot Horton].    States that he had called to December27,
ask if he had any commands.    Expresses thanks for kind attentions Colonial office*
received, and promises to keep him informed as to proceedings, p. 470 Stephen to Wilmot Horton. Requests to be informed as to
whether Bathurst has any wish with respect to the choice of a
secretary for the commission.    Advocates selection of an Englishman;
Suggests   that       Malcolm   from   the   Audit   Office   may   be
chosen. P- 419
February 14, Williams to Wilmot Horton, private.    Explains the delay in
Portland Place, p^g^^g the draft charter and petition, and trusts that they will
be ready next day. P* 388
February 16, J. W. Freshfield [Solicitor] to Wilmot Horton.    Transmits the
BuUdmS'       petition of the Canada Company, praying for incorporation,     p. 390
Ne^Bank6, Freshfield to Wilmot Horton.    States that he has been unable
BuUkiinS.        to secure Williams's signature to the draft charter. p. 393
Freshfield to Wilmot Horton.    Transmits draft of a bill fpiffi
carrying into effect the arrangement made with the Canada Company,
and draws attention to some details.    Requests information with
regard to the stage at which the charter is at present. p. 394
No date.
No date.
J. H. Devonshire [clerk to Mr. Freshfield] to Stephen. Returns
copy of the charter which,had been lent to him to alter it according
to Freshfield's request, and explains the delay. p. 405
G. H. Markland to [Wilmot Horton]. Makes observations upon
the agreement with the Canada Company. p. 504
Markland to Wilmot Horton. Gives reasons for which he feels
that squatters have no right to the protection afforded to them under
the agreement with the Canada Company. p. 512
Appendix: Evidence and Information relative to Upper Canada,
prepared by Colonel Talbot, and laid before a Select Committe. p. 517
Series Q. Vol. 360
ARRANGEMENTS WITH THE CANADA COMPANY
AND CORRESPONDENCE
Proposed Act of Parliament to enable His Majesty to grant the
Clergy Reserves to the proposed Company. p. 1
Charter of Incorporation to be recommended by Lord Bathurst
to the Privy Council. p# 7 w
Q. 360A
Series Q. Vol. 360A
REPORT FOR THE YEAR 1943
CANADA COMPANY, 1825
Minutes of the intended arrangements between Earl Bathurst,
His Majesty's Secretary of State and the proposed Canada Company, pp. 7, 167, 327, 451, 499
Proposed Act to enable His Majesty to grant the Clergy Reserves
to the proposed Company. pp. 47, 209, 357
Charter    of    Incorporation
Bathurst.
be    recommended    by Lord
pp. 63, 223, 369
Commission to be granted to the Commissioners appointed to
value   the   lands   in   Upper   Canada. pp. 143, 295,431
Instructions to the Commissioners appointed to value the
lands in Upper Canada. pp. 151, 303, 439, 571
Proposed alteration in the minutes of the intended arrangements, p. 319
Memorandum containing the heads of the provisions to be
introduced into the charter to be granted to the Canada
Company. pp. 205, 543, 561
Series Q. Vol. 361, pt. 1
CANADA COMPANY, 1825
Draft of Charter.
p. 136 No date;
Minutes of the Intended Arrangements between Earl  Bathurst, April is.
His Majesty's Secretary of State, and the proposed Canada Company.
[Printed.] p. 48
Report of the Commissioners appointed to value the Lands to May 2,
be purchased by the proposed Canada Company, in the province of York-
Upper Canada. p. 58
6 George IV, cap. LXXV, to incorporate the Canada Company. June 27.
[Printed.] p. 55
Directors of the Canada Company
Under Secretary [R. Wilmot Horton] to Chairman of the Canada April 30,
Company [Charles Bosanquet].    Transmits a minute respecting steps   owamg
to be taken should the award of the commissioners prove that the
land to be purchased is of greater value than the fifteen annual
payments mentioned in the arrangements with the Company,    p. 177
Enclosed:
Minute.    Gives the Company an option of limiting the amount
of land to within the figure covered by the annual payments,     p. 178 May 4,
Canada House,
St. Helen's
Place.
September 7,
St. Helen's
Place.
October 17,
Downing St.
PUBLIC ARCHIVES Q. 361, pt. 1
W. Williams [Deputy Chairman] to Earl Bathurst [Secretary of
State]. Acknowledges letter of 30 April, and expresses the views
of the Company with respect to the limitation of the risk to be taken
by the Canada Companj'. P- 175
Bosanquet to Bathurst. Acknowledges the report of the
commissioners, and expresses satisfaction therewith. Trusts that
there will be no delay in obtaining the charter. P- 179
John Gait [Secretary of the Canada Company] to Bathurst.
Requests to be informed as to whether the directors are to advance
the parliamentary fees of £135. 7. 10, for the Act to enable the
Government to sell the Crown and Clergy Reserves. p. 180
John Masterman [Chairman of the Canada Company] to Wilmot
Horton, immediate. Requests to be informed as to when the charter
may be expected. p. 181
Wilmot Horton to Masterman, private. Refers to letter of
8 August, and states that certain enquiries will be made as to the
proceedings of the commissioners. This will delay the progress
of the charter. p. 183
Wilmot Horton to Masterman. Acknowledges letter of 8 August,
and states that the report of the commissioners is under consideration.
The result will be communicated as soon as possible. p. 182
Masterman to Bathurst. Acknowledges letter of 17 August,
and complains that the award of the commissioners should be subject
to any enquiry not common to both the Company and the Government.    Urges the necessity of an early issue of the charter.      p. 184
Wilmot Horton to Masterman. Acknowledges letter of 30
August, and points out tljat the Government is responsible for the
conduct of the commissioners. Should it become necessary to
advocate that no charter be granted under the circumstances, the
whole matter will be laid before the Company. Regrets delay, p. 191
Masterman to Bathurst. Acknowledges letter of 2 September,
and explains that there was no intention to convey the meaning
attributed by Bathurst to the letter of 30 August. Reiterates his
contention that the issue of the charter cannot depend upon the
validity of the. award, and argues that the charter should be immediately granted. Refers to an official letter to Gait, 10 July,
1824. p. 194
Wilmot Horton to Masterman. Explains the grounds upon
which Bathurst cannot consent to the issue of the charter until it
shall have been determined whether the commissioners have given
a satisfactory award. p. 200
Wilmot Horton to Masterman. Transmits copy of the report
of Sir Giffin Wilson upon the award of the commissioners. Points
out the particulars upon which they have departed from their instructions, and declares that no reliance can be placed upon the accuracy
of this award. Requests any explanations that the Company can
give on this subject.    [Enclosure not at this place.] p. 203 Q. 361, pt. 1
REPORT FOR THE YEAR .
Wilmot Horton to Masterman.   States that Bathurst will not       1825
expect  explanations  from  the  Company, until the commissioners November 7,
shall have had time to study the report which had not been sent DowiungSt*
to them until this day. p. 207
Masterman to Bathurst.    Requests an interview, as the best November 23,
means of settling the question at issue.
p. 208
Wilmot Horton to W. Williams, private and confidential. goXngest.8,
Transmits the letter which it is proposed to send to the commissioners,
and permits him to show it to them in order to obtain explanations.
This is done because if sent direct to them, it could not be recalled.
States that he will see Williams on Monday, and that Bathurst will
see him on Tuesday. p. 209
J. W. Freshfield, Solicitor
Freshfield to Wilmot Horton.   Requests to be informed as to J^J^
when the charter of the Company may be expected.    States that Building.
there are matters which cannot be settled until the Company shall
be legally constituted. p. 210
Freshfield to Wilmot Horton. Acknowledges note of 12 July, f^2^^
and urges reasons against further delay in the issue of the Building.
charter. p. 211
Freshfield,   Kaye   &  Freshfield   to   Wilmot   Horton.    Explain July 29,
that there has been no transfer of shares, although individuals have Buildings,
made arrangements for such a transfer as soon as they shall be
permitted to do so. p. 212
Freshfield   to   Wilmot   Horton.    Acknowledges   letter   of   17 September 20,
September, addressed to Masterman, and defends the motives of the Buildings,
directors.  Suggests that the directors should be put in a position to
represent   the   whole   Company.    Offers   to   call   upon   Wilmot
Horton. p. 213
Freshfield to Wilmot Horton. States that three of those con- September 27,
nected with the Canada Company have observed that there appears Bunding.
to be no provision for recalling the charter, and points out that
considerable responsibility would be incurred by taking it upon
such terms. Suggests that it should be granted on the lines of
Freshfield's letter of 20 September, with a clause respecting exchanges
of land. . , p. 215
Freshfield   to   Wilmot   Horton.    Requests   information   as   to g.ctob|rjj,
what steps have been taken to forward the charter. p. 216 Buildings.
Freshfield to Bathurst.    States that he has been instructed to October 22,
report to the directors of the Canada Company upon Sir Giffin Buildings.
Wilson's report, which has been placed in his hands.    Requests copies
of papers referred to by Wilson.    Gives reasons for this request, p. 217
Enclosed:
List of Papers.
p. 220 October 29,
Downing St.
October 31,
New Bank
Buildings.
PUBLIC ARCHIVES
Q. 361, pt. 1
R. W. Hay [Under Secretary] to Freshfield. Acknowledges
letter of 22 October, and states that Freshfield may consult the
first three papers in the Colonial Department. Bathurst cannot
communicate the rest of the correspondence without further consideration. P- 221
Freshfield to Hay. Requests that the documents could be
delivered to him on giving a receipt. Points to the significance of
the other documents. P- 222
November 4,
New Bank
Buildings.
Freshfield to Hay. Draws attention to his last letter, and to his
letter to Bathurst of 22 October, in order that he may be in a position
to put some necessary enquiries to the commissioners. p. 224
Series Q. Vol. 361, pt. 2
ARRANGEMENTS WITH THE CANADA COMPANY
AND CORRESPONDENCE, 1825
June 10,
Canada Co.
Office,
St. Helen's
Place.
John Gait [Secretary of the Canada Company] to Wilmot
Horton, private. Requests that the diagrams will be returned at the
end of the directors meeting that afternoon. p. 225
June 23,
13 St. Helen's
Place.
Gait to Wilmot Horton, private. Explains why he called attention to his application for field notes and diagrams. States that the
commissioners report contains a complete list of papers. Promises
to see Cockburn. p. 226
Canada House. ^a^ *° Wilmot Horton.    Transmits schedule of diagrams and
field notes brought home by the commissioners, and requests to be
furnished with those of the Eastern, Ottawa, Johnstown, and Bathurst
districts. p. 227
Enclosed:
Schedule.
p. 228
July 8,
St. Helen's
Place.
Jury 9,
Canada House.
Gait to Wilmot Horton. Requests that the bearer, his confidential
clerk, should be informed as to the stage at which the charter now
is. p. 232
Gait to Wilmot Horton. States that he will call upon Wilmot
Horton at about 11 o'clock,  prior to summoning a court for the
appointment of a deputation.
p. 233
July 16,
St. Helen's
Place.
Gait to J. Stephen [Counsel for the Colonial Department].
Returns Wilmot Horton's letter, and represents the unfortunate
position in which he has been placed by the delay and inadvertences
of the Department. Requests Stephen's good offices to obtain
information respecting the charter. [Enclosure not at this
P^ce.] p. 234 Q. 361, pt. 2
REPORT FOR THE YEAR 1943
Wilmot Horton to Gait.   Acknowledges letter of 13 July, with       1825
respect to parliamentary fees for the Act to enable the Government July 21,
to dispose of Crown and Clergy Reserves to the Canada Company, Downinest-
and gives reasons for which the charge in question should be met
by the Company. p. 237
Gait to Wilmot Horton.    Requests an answer to the public July 25,
letter which was  given  with  others to Stephen, to  be shown to Iia2elen's
Wilmot Horton. / p. 238
Wilmot Horton to Gait.    States that Stephen has shown himgyj?^
several letters addressed to Gait by members of the Stock Exchange   own
and others who are anxious for the completion of the charter, in
order to transfer stock.    Points out that the sale of stock at this
stage is illegal and that Bathurst can only express his disapproval
of it. p. 239
Gait to Wilmot Horton, private.    Replies to the observations JJjjj^Jj House
of Wilmot Horton with respect to the illegality of the transfer of
stock, and makes observations with regard to the peculiar position
in which the Company has been placed. p. 241
Wilmot   Horton  to   Gait.    Requests   payment   of   £252,   the July 28,
expense of transporting the commissioners to Canada and back. p. 246 Dowmng st*
Gait to Wilmot Horton, immediate. Requests that J. B. g^*^
Robinson, Attorney General of Upper Canada, should not be permitted Place.e
to withdraw any paper which he has communicated to the Colonial
Office, or to make any erasure or interlineation on his letter of
30 July, to Sir Giffin Wilson. Wishes to be informed as to the
capacity in which Robinson has acted and is acting, and that he may
be detained in England until the commissioners shall have made
their observations upon Wilson's report. p. 244
T. Smith [for the Secretary] to Wilmot Horton.   Explains delay August 30,
in answering letter of 29 July, and states that the sum of £252 has Canada Houae*
been paid. p. 247
Gait to Wilmot Horton.
readiness to wait upon him.
Reports his arrival in town and his September 28,
t%   OA Q St. Helen's
p. ^48 Place.
Gait to Wilmot Horton, private. States that he was not even October 3,
aware of Wilmot Horton's official correspondence with Col. F. ^;mBdm'm
Cockburn until the previous day, and that he held no shares in the
Company while he acted as commissioner. States that he is to meet
Cockburn and Davidson at Dover and trusts that Sir Giffin Wilson's
report will be there for their study. Declares that he can no longer
give his time to so unprofitable a business. p. 249
Gait to Wilmot Horton.    Acknowledges return of the "private Decembers,
and  confidential  papers",   which  Horton has refused to receive. ^S*0™'
Comments on the misunderstanding with the Company, on the price Musseiburg.
demanded for the land; on the attitude of Sir Giffin Wilson, and on
J. B. Robinson's paper of 28 July.    Doubts if he will return to town
and requests to be informed as to Bathurst's decision. p. 250 December 17,
St. Helen's
Place.
December 21,
Downing St.
PUBLIC ARCHIVES
Q. 361, pt. 2
Gait to Wilmot Horton. Points out that in spite of Wilmot
Horton's intimation that no private and confidential communications
will be received, Wilmot Horton is carrying on such a correspondence
with Hullett. States that he will not give any explanation unless
all the correspondence is submitted. P- 253
[Wilmot Horton] to Gait, private. Reviews the steps taken
with respect to the report given by Sir Giffin Wilson, and points out
that Gait has construed an act of courtesy into an act of
disfavour. P- 258
December 24,
St. Helen's
Place.
December 26,
Downing St.
Gait to Wilmot Horton, private,
and promises the explanations
Regrets the misunderstanding
p. 261
Wilmot Horton to Gait, private. Acknowledges letter of
21 December and promises to receive any private remarks which Gait
will send. States that Boulton has been informed that his position
precludes him from acting as a mediator in this matter. Gait should
send such communications to Wilmot Horton, who will consider
them as private, only in so far as that means that they will not be
officially exhibited. p. 263
Gait to Wilmot Horton, private. Suggests a mode of procedure
and conference in order to clear up the misunderstanding between
himself and the Colonial Office. p. 265
Wilmot Horton to Gait, private. Points out that the plan
suggested in Gait's letter of 24 December, is one totally inconsistent
with the conduct of public business, and states what is required, p. 269
Monday,
[Rec'd.
December 27].
Gait to [Wilmot Horton].    States that he had desired a conference in order to explain his motives. p. 271
Note: Hullett's letter of 30 December, 1825, with Gait's remarks
thereon, are bound in Upper Canada Correspondence for 1826.   p. 272
June 5,
Liverpool.
Colonel F. Cockburn
Cockburn to Wilmot Horton, private. Announces his return
from Canada, and states that he has diagrams of every township.
Declares that the report was signed at York on 2 May, and that the
price was fixed at 3/6 per acre, Halifax currency. p. 273
Memorandum respecting the petition from the Clergy Corporation. p. 275
Cockburn to Wilmot Horton. Requests that the Canada
Company be allowed to make copies of the diagrams, and to inspect
the Journal of the Proceedings of the commissioners. p. 279
[Wilmot Horton] to Cockburn. States that this letter is
addressed also to Sir John Harvey. Reports that J. B. Robinson,
Attorney General, has been questioned with respect to the petition
of the Clergy Corporation, and has given information, detailed
herein, from which it would appear that the award of the commissioners should not be accepted. p. 280 REPORT FOR THE YEAR 1943
Downing St.
Q. 361, pt. 2
Wilmot   Horton   to    Cockburn.    Gives   further explanations,       *825
with  a  view  to   clearing  up  a  misapprehension,   respecting the July B
circumstances  under  which   Robinson  was   questioned   upon  the
petition of the Clergy Corporation.    Points out that if the state of
affairs should be as Robinson has described, it will be necessary to
consider the advisability of withholding the charter. p. 286
Cockburn to Wilmot Horton, private and confidential. Gives, July u, ,
without reference to any other person, his observations in answer to piace.amess
Wilmot Horton's letter of 7 July. p. 292
Enclosed:
Cockburn to Wilmot Horton, Colonial Office, Thursday, [1824].
States that he has the concurrence of the four commissioners to the -
nominations for a fifth commissioner, and requests that so soon as
that officer shall have been  selected,  a  copy of the  agreement,
instructions, and commission will be granted to them. p. 307
Cockburn to Wilmot Horton.    Requests permission to shew the Monday.
Journal of Proceedings to W. Williams, in order to afford him local
information   which   would   be   of   value   in   future   arrangements.
Suggests publication of the diagrams. p. 308
Gait to  Cockburn.    Requests to be informed as to whether gjjJJ; House
Cockburn has been made acquainted as to the objections against the 13 st. Helen's'
issue of the charter.    Presumes that application should be made Place>
through Cockburn for the detention of the agents of the Clergy
Corporation, until the conduct of the commissioners shall have been
investigated.    States that upon receipt of Cockburn's reply, he will
decide as to whether he should demand such an investigation,    p. 313
Wilmot Horton to Cockburn. Expresses satisfaction with July 28,
Cockburn's conduct in having communicated Gait's letter, prior to ownmg
sending an answer. States that it is not the concern of the commissioners to make enquiries on affairs which concern the directors
of the Company. Refers to the clause in the Minutes of Intended
Arrangements under which reference has been made ,to Sir Giffin
Wilson prior to decision with respect to the issue of the charter.
Robinson is to give his observations in writing, to Wilson. Bathurst
would not object to inviting Gait and Davidson to make a similar
communication. p. 310
Cockburn to Gait.    Points out that as commissioners they have July 28,
no right to interfere in matters which concern the Government and Pi^ames's
the Company alone, nor to notice rumour.    Assures Gait that the
conduct of the commissioners has not been impugned. p. 309
Wilmot Horton to Cockburn, private.    Makes further observa- July 29,
tions on Gait's letter of 27 July, and states that the conduct of the Downinsst-
commissioners has not been impugned as yet. p. 315
Cockburn to
Requests to be informed as to August 3
Cockburn to Wilmot Horton.   States that the expenses conse- August 9,
quent upon his detention in town have amounted to upwards of Pi£y!ame8,s
£150. p. 317 PUBLIC ARCHIVES
Q. 361, pt. 2
August 18,
Downing St.
August-
2*
Cockburn to Wilmot Horton, private. Apologizes for delay
in transmitting Sir Giffin Wilson's letter of 2 August. States that
he is leaving for the country, where he will draw up a memorandum.
This will be sent to Wilmot Horton for his private perusal. Should
it prove to be of value, Cockburn will consult the other commissioners
as to how far they would join in forwarding such points officially.
[Enclosure not at this place.    See Q. 362, pt. 2, p. 219.] p. 319
Wilmot Horton to Cockburn. States that Bathurst will postpone
observation upon Cockburn's letter of 9 August, respecting his'
expenses. P- 318.
Wilmot Horton to Cockburn, private. Comments on a letter
from Sir John Harvey, and desires an explanation of the reasons for
which the commissioners departed from the spirit of the instructions,
which were the result of so much communication and discussion, p. 321
Cockburn to Wilmot Horton. Transmits reply to letter of
22 August. This has been marked private but he has no objection
to making it official, providing no part of it should give offence.
Expresses his desire to withdraw or alter any offensive part.      p. 329
Enclosed:
Cockburn   to
1825.
Wilmot   Horton,   private.    Dover,
31   August,
p. 330
Cockburn to Wilmot Horton. States that Gait and Davidson are
at Dover, and have been shown Wilmot Horton's letters of 17 and
18 August, upon which he had already written to Sir John Harvey.
Requests to be informed as to whether there are further commands
for the commissioners. States that he has had no acknowledgment
of his letter of 29 August.; p. 347
Wilmot Horton to Cockburn, private. States that it was by
accident that Cockburn's letter of 29 August was not acknowledged.
The reply to that letter has been given in a letter sent to
Masterman. p. 348
Cockburn to Wilmot Horton. Acknowledges letter of 8 October,
and requests a copy of such parts of the letter to Masterman as may
concern the commissioners. States that Gait will call upon Wilmot
Horton. p. 349
Cockburn to Bathurst. Transmits a letter from Gait and
Davidson, in which he concurs and requests an interview with a
view to defending their conduct. p. 350
Enclosed:
J. Gait and J. Davidson to Cockburn, London, 27 October,
1825. p. 351
Bathurst to Cockburn. Acknowledges letter of 1 November,
and declines an interview on the ground that this would be the least
satisfactory course that could be adopted at this time. p. 353 ~
Q. 361, pt. 2
REPORT FOR THE YEAR 1943
Cockburn to Bathurst.   Acknowledges letter of 1 November,       1825
and remarks that Bathurst appears to have mistaken the reason Novembers,
for which an interview was requested.    Gives further explanations Admiralty-
on this point. p. 354
[See   below,   Commissioners November io,
Cockburn   to   Wilmot   Horton.
Collectively, Q. 361, pt. 2, p. 421.]
Wilmot    Horton    to    Cockburn.    Acknowledges    letter    of November is,
3 November, and states that Bathurst feels that, in view of subsequent Dowmn«st-
communications  with the  Canada  commission,  it is unnecessary
to return a specific answer thereto. p. 357
Lieut.-Colonel Sir John Harvey
Harvey to Wilmot Horton, private and confidential.    Transmits July 14,
his opinion respecting the report of the commissioners, and states ciut!d Service
his view that all those  "lengthy"  papers are most unnecessary.
Intends to call. p. 366
Enclosed:
Memorandum respecting the price of land.
p. 360
Memorandum in addition to that of Sir John Harvey.        p. 365 No date-
Harvey to Wilmot Horton.    Gives reasons which induced him JSSl
to concur in the report of the commissioners. p. 367
Harvey to [Wilmot Horton].    Transmits his letter and states Juiy30,
that it is full of inaccuracies owing to the speed at which it was London'
transcribed.    Requests that it may be returned, in order that a
more legible copy can be made. p. 372
Harvey to Wilmot Horton.    Requests, in view of the fact that um^d services
his letter of 25 July has been sent to Sir Giffin Wilson, that certain ciub.
corrections be made in it.    Requests that the rest of his correspondence should be put into Wilson's hands. p. 373
Harvey to Wilmot Horton, private.    Comments on his letter August i,
of 1 August, and transmits copy of the report of the commissioners   owmng
upon J. B. Robinson's statement, which has been sent to Wilson.
After reading this statement, Wilmot Horton may be of opinion that
it is not necessary to  communicate  Harvey's letters to  Wilson.
[Enclosure not at this place.    See Q. 361, pt. 2, p. 392.] p. 375
Wilmot Horton to Haryey.    States that he has given orders August 7.
to transmit Harvey's public letter to Wilson.    Adverts to points
made in Harvey's private letter and requests that he should substitute
a public letter for it.    Urges the importance of avoiding concealment. P- 377
Harvey to Wilmot Horton.    Transmits copy of a confidential ^gjg**^
memorandum to Bathurst, made at York, 18 April, and states the Mer.
circumstances under which it was drawn up and not sent. p. 379
Enclosed:
Memorandum as to the price of land' York, 18 April, 1825. p. 382 26
PUBLIC ARCHIVES
Q. 361, pt. 2
1825 Harvey to Wilmot Horton.    Expresses his concern over the
December 22,    delay in the receipt of his letter from Boulogne.    States that Cockburn
^RueRivoii,   h^g  been   kept   informed as to his residence.    Will return after
10 January. P- 386
Commissioners Collectively
July, Unsigned to Cockburn and Harvey, private.    [Draft.]    States
Downing st. ^t J. B. Robinson has been requested to give an opinion on the
fairness and correctness of the valuation made by the commissioners,
in the light of the terms and data upon which they were directed
to form such a valuation, and as to the fairness of the bargain then
made. Robinson has declared his inability to reply to the first
question, but has stated, for reasons given, that.undue profits would
accrue to the Company. Requests that the commissioners should
communicate their opinion confidentially with respect to this
point. p. 387
August 1,
6 St. James's
Place.
Cockburn to [Wilmot Horton]. Transmits copy of a communication made this day to Sir Giffin Wilson. Note: No enclosures
accompanied this letter. p. 391
August 1,
6 St. James's
Place.
Cockburn, Harvey, Gait, and Davidson to [Wilson].    Reply to
the observations made by Robinson, in his letter of 28 July.      p. 392
Wilmot Horton to Cockburn.    Requests that the commissioners '
should put into writing, those observations which were made orally
to Wilson on 2 August, and upon which their previous letter had been
silent.    Robinson should be afforded an opportunity of giving his
observations thereon, before leaving the country. p. 398
August-2,
Lincoln's
Sir Giffin Wilson to Cockburn. States the subject which has
been referred to him by I^athurst and requests information on several
points upon which the commissioners formed their vaulation of
land. p. 401
Cockburn, Gait, and Davidson to R. W. Hay [Under Secretary].
Transmit in the absence of Sir John Harvey, a letter which has been
addressed to Wilson. Request to be informed as to the capacity in
which Robinson has acted, which question Wilson refused to be
allowed. Wish to know how far they should hold themselves in
readiness to give information. p. 399
Enclosed:
Cockburn, Gait, and Davidson to Wilson, 6 St. James's Place,
August 3, 1825. Acknowledge letter of 2 August, and reply to
questions asked, but refuse to state individual reasons which
influenced them. A copy of this letter has been sent to Harvey,
who is out of town. p. 404
Attached:
Memorandum for Bathurst respecting the attitude of the commissioners and their request to be informed as to the capacity in
which Robinson has acted. p. 408 Q. 361, pt. 2
REPORT FOR THE YEAR .
27
Wilmot Horton to Bathurst. Transmits a correspondence with 1825
the commissioners [marked A-F], and requests instructions respecting August io,
D-F which have not been sent as yet. p. 412 Downinsst-
Enclosed:
(A) Wilmot Horton to Cockburn, Downing St., 9 August,
1825. Requests that the commissioners should put into writing
those observations which were made orally to Wilson on 2 August,
and upon which their previous letter had been silent. Robinson
should be afforded an opportunity of giving his observations thereon,
before leaving the country. p. 414
(B) Cockburn, Gait, and Davidson to Wilmot Horton, 6 St.
James's Place, 9 August, 1825. State that they neither have made
any communication, nor had any conversation, later than that
which was embodied in their letter of 3 August. p. 411
(C) Cockburn, Gait, and Davidson to Wilmot Horton, 6. St.
James's Place, 9 August, 1825. Refer to the reference made to
Wilson, and declare that they have not deviated from their instructions, nor have they left them unfulfilled. Request that should
Wilson form a contrary opinion, he should be instructed to inform
them of the grounds of his opinion, before making a final report to
Bathurst.    [Other enclosures not at this place.] p. 415
Wilmot Horton to Cockburn. Acknowledges letter of 3 August, August 17,
and states that Robinson drew up the paper respecting the Clergy owning
Reserves, at the command of Bathurst. p. 407
Wilmot Horton to Cockburn.    States that the commissioners August is,
will be afforded the opportunity requested by them in their letter   ownuig
of 9 August, but that Bathurst cannot permit the subject to be
reopened. p. 417
Cockburn to Wilmot Horton.    Acknowledges letters of 17 and Augusts,
18 August, and states that they will be communicated to the other   over*
commissioners so soon as they shall have returned. p. 419
Wilmot   Horton  to   the   Commissioners.   Transmits  Wilson's November 7,
report, which, owing to a mistake, had not been sent earlier.    [For   ownmg
this report see Q. 362, pt. 2, p. 241.] p. 420
Cockburn to Wilmot Horton.    Transmits, on the part of the Number 10,
commissioners,   an   explanatory   statement   touching   those   parts west.1*
of their report which appear not to have been understood.    Offers
to attend at any time, in order to give further elucidation.    Declares
that he never thought or said that Wilmot Horton had declared that
Sir Giffin Wilson was an improper persoD to refer the report to. p. 421
Enclosed:
Statement of Cockburn, Gait, and Davidson, 4 Chapel St. West,
Mayfair, 10 November, 1825. p. 422
Unsigned to the  Commissioners.    Acknowledges letter of  10 gSSjs?:
November,  and  explains the  grounds  upon which  Bathurst  has
decided to close the discussions and refuse to adopt the report, p. 431 28
PUBLIC ARCHIVES
Q. 362, pt. 1
Series Q. Vol 362, pt. 1
CANADA COMPANY, CORRESPONDENCE, 1825
J. B. Robinson, Attorney General of Upper Canada
Robinson to Wilmot Horton. Transmits petitions from the
Clergy Corporation addressed to each of the Houses of Parliament,
and explains the circumstances under which he brought these petitions to England. Requests to be informed as to whether Bathu«
has any objection to presenting the petitions to the King and to the
Houses of Parliament, or in what manner representations should
be made. P« 1
Augusts,
56 Gower S
London.
Enclosed:
Petition of the Clergy Corporation to the House of Lords,
York, 24 March, 1825. Prays that their reserves may not be sold
to the Canada Company, and that no sales of these reserves should
be made except by the Corporation with the concurrence of the
Government. [A similar petition to the House of Commons has not
been transcribed.] p. 12
Robinson to Wilmot Horton, confidential. States that, by
request, he has studied the report of the commissioners, and expresses
his views upon the valuation made therein. p. 4'
Enclosed:
Estimate by townships of Clergy Reserves to be transferred to
the Company. p. 21
Memorandum as to the value of land.
p. 19
Robinson to Sir Giffin Wilson. Gives, by request, his observations upon the report of the commissioners. p. 33
Enclosed:
(1) List of townships respecting which no evidence of sales,
or information of witnesses as to value, appear in the journal of the
commissioners. Gives a list of both Crown and Clergy Reserves, p. 60
(2) Lands in townships of which some evidence of value is
recorded. Contains a note as to the amount for which no evidence
is given. p. 64
(3) Abstract of evidence. p. 65
(4) Value of such of the reserves as are noticed, deduced from
such evidence. p. 74
(5) Average value of lands in the several townships in which
the reserve lots lie, so far as the same can be computed from the
evidence appearing in the journal of the commissioners. p. 78
Robinson to Wilson. Replies to a letter of 1 August, addressed
by the commissioners to Wilson. Defends his motives, and the
accuracy of his observations upon the report made by them.       p. 93 Q. 362, pt. 1 REPORT FOR THE YEAR 1943 29
Robinson to Wilmot Horton.   Transmits copies of communica-      *825
tkras made to Sir Giffin Wilson. p. 92 August w.
Enclosed:
Robinson to Wilson, London, August 4, 1825. Makes further
observations upon the value of land and the report of the Commissioners, p. 85
Robinson to Wilmot Horton, private. Discusses the effect September 28,
of a decision from Sir Giffin Wilson either favourable or unfavourable York'uc'
to the issue of a charter to the Canada Company. Points out that
in either contingency it will be important to have the advice of some
person conversant with the province and with the value of Clergy
Reserve lands. Recommends Rev. J. Strachan, as the person on
whom reliance could be placed. p. 104
Henry John Botjlton, Solicitor General of Upper Canada
Boulton to Wilmot Horton.    States that he has made a careful November 19,
study of papers relative to the report and proceedings of the com- Hote?°ns
missioners, and makes his own report and observations thereon, p. 107 Vere st-
Boulton   to   Wilmot   Horton.    Submits,   by   request,   further November 30,
observations Which have occurred to him, since sending the report cavSdwh*St"
contained in his letter of 19 November, with respect to the valuation Square.
of land by the commissioners.   Gives as his final conclusion that
were this case now depending in any court of law or equity, the proof
or admission of this dimunition of value would be sufficient to set
the whole proceedings aside. p. 130
Boulton   to   .    States  that,   as  requested,   he  has December 13.
completed the statement of evidence, and asks that a letter should
be sent to him requesting him to prepare such a document. Points
out that he made an error in the letter which was to go to Williams
on Saturday, as the number of townships were stated as 228 instead
of 218. p. 152
Synopsis of the state of the evidence of ready money sales,   p. 151 {JjjjJlJg* 221
D'Arcy Boulton, Judge
Boulton to Wilmot, Horton.    Transmits extract of a letter from December21,
John Gait, and states that he had never set a value upon the land, lK^'S?,1,
unless it was a chance remark made without reflection.    States that Keld-
he knows nothing of the dispute, but offers his services should they
be of any value. p. 153
Enclosed:
Extract of a letter from John Gait to D'Arcy Boulton, St.
Helen's Place, 19 December, 1825. Solicits Boulton's office in
mediating the question in dispute with respect to the award made by
the commissioners to value land to be disposed of to the Canada
Company. Wishes Boulton to communicate with Bathurst or Wilmot
Horton urging revision of the contract. p. 154 PUBLIC ARCHIVES
Q. 362, pt. 1
May 31,
Bury St.,
St. James.
Rev. Dr. G. Mountain, Dr. J. Strachan, and Dr. C. Stewart,
on behalf of the corporation of the management of the
Clergy Reserves
Mountain to Bathurst. Makes representations, on behalf of
the petition of the Corporation for managing the Clergy Reserves,
that these Reserves should not be disposed of in a manner so
disadvantageous as is suggested in the report of the commissioners, p. 156
June 14,
Bury St.,
St. James.
Mountain to Wilmot Horton. Acknowledges letter of 14 June,
and regrets that any charge of disrespect should be made againf||
the petitioners, and that the president of the Corporation should
have appeared to have acted in an inconsistent manner. In view of
the sentiments of Bathurst, J. B. Robinson and he will refrain from
presenting the petitions. P- 166
Strachan to Wilmot Horton. States his mortification at finding
himself in disfavour in the matter of the Archdeaconry. Reviews
the steps which were taken in this matter, and in the question of the
proposed sale of the Clergy Reserves to the Canada Company. States
that Stephen has been put in possession of documents which prove
the correctness of these statements. ' p. 168
September 30,
Coulson's
Hotel,
Brook Street.
Stewart to Bathurst. Gives, by request, his opinion respecting
the award of the commissioners to value the land to be disposed of to
the Canada Company. p. 173
May 2,
42 Castle St.,
Leicester Sq.
May 20,
St. Martin's
Library,
Westminster.
Rev. A. Hamilton, Secretary .of the Society for the Propagation of the Gospel
Hamilton to Wilmot Horton. States that the attention of the
S.P.G. has been drawn to the bill to dispose of a considerable portion
of the Clergy Reserves to a stock company. Points to the connection
between the Society and/the clergy of Canada, and requests to be
informed to what extent the proceeds will be appropriated for the
original object. p. 177
Resolution of the S.P.G. that application should be made to
Earl Bathurst, urging that the words "the clergy of the United Church
of England and Ireland" should be substituted for the term
"Protestant clergy", on page 3, of the Act to Incorporate the Canada
Company. p. 179
Hamilton to Wilmot Horton. States that some material features
were not brought under the consideration of the law officers at the
time when they were requested to given an opinion on the case
of the Clergy Reserves, and requests that a second reference might
be considered.    Proposes to call at the office on Tuesday. p. 188
Hamilton to .    Transmits a copy of the proceedings
of the S.P.G., at a special meeting held on 3 June, and begs consideration of the proposal that a second reference should be made to the
law officers, respecting the interpretation of the term "Protestant
clergy", which should not include the Kirk of Scotland. p. 181
Enclosed:
Proceedings.
, 183 r
Q. 362, pt. 1
REPORT FOR THE YEAR 1943
Sir Giffin Wilson 1825
Wilmot  Horton  to  Wilson.   Transmits  papers  concerning  the July 14,
Canada Company, and requests that they should be studied in order Colomal 0ffice-
to enable Wilson to explain questions which Bathurst proposes to
refer to him.    Wilson is to wait on Bathurst on Wednesday.    [Enclosures not at this place.] p. 189
Wilmot Horton   to   Wilson.    States   that   the - correspondence July 14,
respecting the Canada Company is very voluminous.    Some of it Downing *■
refers to unimportant matters, but all has been sent in order that
Wilson may have a full understanding of the negotiation. p. 190
Wilmot Horton to Wilson. Transmits further papers connected July 22,
with the Canada Company. Refers to the petition of the Clergy DowmngSt-
Corporation, and to the private correspondence, and states that
Bathurst has suggested that Robinson should be invited to make
observations upon the evidence and report of the commissioners,
while the commissioners in turn should be invited to give their
explanations on Robinson's remarks. Should any difficulty arise
out of this proceeding, Wilson is to consult Bathurst thereon,    p. 191
Wilmot Horton to Wilson.    Calls attention to the instructions July 22,
to the commissioners, and to the 19th clause of the Minutes of DowmngSt-
Intended Arrangements, and requests a report as to how far the
principle of valuation laid down therein has been observed,     p. 194
Wilmot Horton to Wilson.    Requests an opinion as to whether, July 22,
under all the circumstances, two of the blocks of land known as   owmng
"Wilmot" and the "Six Nation's Land" ought to have been included
in the land valued by the commissioners. p. 197
Series Q. Vol. 362, pt. 2
CANADA COMPANY CORRESPONDENCE, 1825
Sir Giffin Wilson—Continued
Wilson to Wilmot Horton. Acknowledges three letters of July 23,
22 July, and states that he has held a meeting between the commis- nco s ™"
sioners and Robinson, as a result of which it was determined that the
land known as "Wilmot" and the "Six Nations Block" did not come
within the letter of the description of the land. States, however,
that the commissioners had justification for so including them.
Robinson is to make further observation with respect to value,
when another meeting will take place. States his inability to act as
judge of the valuation made by the commissioners, which would be a
question for a land surveyor. p. 205
Bathurst  to  Wilson.    Directs  that,   after  due  consideration, Juiy30,
Wilson should report his opinion as to whether the commissioners DownmsSt.
have acted upon a sound and reasonable construction of their instructions, or whether these instructions have been deviated from, or left
unfulfilled, to an extent which would affect the award. p. 210 August 2,
Downing Si.
PUBLIC ARCHIVES Q. 362, pt. 2
Wilmot Horton to Wilson. Transmits copies of a letter and a
memorandum from Sir John Harvey, which were received subsequent
to the papers which were transmitted to Wilson, on 22 July. [Enclosures not at this place.] P* 218
Wilson to Cockburn. Requests that the commissioners should
supply him with a list of all documents illustrative of their report,
and with certain particulars which would enable him to make a
balance sheet. P- 219.
uESLiim Wilson to Wilmot Horton.   Refers to letter of 30 July.    Reports
nc° 8    *    further proceedings with respect to the enquiry, which will have to be
suspended during his absence on circuit.     Points to the delicacy
of his position and requests to be informed before the resumption of
the enquiry, as to whether he has assumed the correct attitude, p. 212
August is, WilmOt Horton to Wilson.    Transmits a correspondence with
Dowmng st. ^ commissi0ners, from which it would appear that they refuse to
make a further statement, on the grounds that they have given
sufficient information. Directs that Wilson should proceed to make
his report. If this report should be adverse to the commissioners,
Wilson should state the points upon which the commissioners have
deviated from their instructions, or have left them unfulfilled,    p. 222
August 20,    . Wilson to Wilmot Horton.   Acknowledges letters and states ,
CourtHouse]11' that business has prevented attention thereto.   Discusses the attitude
FSsnire.        adopted by the  commissioners, and requests an interview before
the enquiry is resumed. p. 224
Cas^chester Wilson to Wilmot Horton, private.   Returns the copy of the
885 e letter addressed by Wilmot Horton to Cockburn, and refrains from
comment in order to avert any intimation of his opinion before he is
prepared to report upon it. Gives his private opinion that the
commissioners might have failed only through error. Discusses
the attitude which they have adopted, and requests Bathurst's
opinion as to the advisability of taking the broad ground of
failure. P- 232
DoSnlV Wilmot Horton to  Wilson.    Points to  an error in Wilson's
letter of 20 August, and requests correction thereof. This error
probably arose from the fact that Wilson had not the documents
with him. p. 230
SffiSli Wilson to Wilmot Horton.   Acknowledges letter of 3 August,
and expresses thanks for the kind caution suggested therein.
Reiterates that the facts concerning the presentation of documents
were as he had stated them to be, but even if all documents had been
sent before that time, he could not have made use of them, in view
of the attitude which he had adopted and consistently stated.
Intends to call at the Colonial Office. p. 235
October 7, Wilson to Wilmot Horton.   Explains the meaning of the marginal
note in his report. He does not wish to infer that the commissioners
intended to make an incorrect representation of any part of their
proceedings. p. 237 Q. 362, pt. 2
REPORT FOR THE YEAR 1943
Wilson to Wilmot Horton.   Transmits his report and explains '     1825
the arrangement.    Regrets that he did not know sooner the time October 7,
when it would be required.   The appendix is not yet ready, but this Lincoln'8 Inn-
consists only of documents which the office can supply. p. 238
Enclosed:
Report of Sir Giffin Wilson, Lincoln's Inn, 7 October, 1825.
Maintains that the commissioners have deviated from their instructions, or have left them unfulfilled in such a manner as to affect the
award. p. 241
James Stephen, Counsel for the Colonial Department
Amendments to be moved in the Canada Company Bill.   p. 290A No date.
[Wilmot Horton] to Stephen. Explains that he has been to November,
blame for the failure to transmit Wilson's report to the commis- DowningSt-
sioners. Gives extracts from correspondence with the commissioners
to show that he never understood that they were dissatisfied with
Wilson's conduct, and gives his opinion that under all the circumstances Wilson's report is useless. The observations to be offered
by the commissioners might not have been in the nature of fresh
data, but of observations upon remarks made by Wilson, in which
case Bathurst would have been free to decide the case without further
reference to either side. p. 305
Stephen to [Wilmot Horton].   Reports a call from Cockburn November7,
and Gait, and an interview with Davidson, from which it would whitehalL
appear that they consider they have a promise from Wilmot Horton
to reopen the enquiry.   Gives some of their criticism of Wilson's
report. p. 291
Memo [of Wilmot Horton] for Bathurst respecting an interview November 9.
with Gait. p. 298A
Wilmot Horton to Stephen. Expresses pleasure that Stephen November 14,
is getting better. Transmits the observations made by the com- Dowmng *•
missioners, and states that Wilson does not wish to offer any remarks
in reply. Discusses points made by Wilson in his report and notes
that Wilson is prepared for an examination of his report in the light
of the observations of the commissioners. [Enclosures not at this
place.] p. 299
Wilmot Horton to Stephen. Urges that Stephen should remain November 17,
in the country until he is completely recovered, as work can be sent Dowmng *•
to him there. Transmits a despatch from Upper Canada, together
with Bathurst's intended reply, and requests a careful examination
to see whether Bathurst is correct in his record of data. States that
Bathurst desires a report on Wilmot Horton's letter to Stephen, and
the reply thereto, respecting the Canada Company. Requests
Stephen to consider a point made by J. H. Boulton, Solicitor General
of Upper Canada, with respect to the terms upon which land will be
acquired by the Company.    [Enclosures not at this place.]       p. 303
Wilmot   Horton   to   Stephen.    [Draft.]    [Not  transcribed,   as November is,
this is a draft of letter of 14 November.    See above, Q. 362, pt. 2, Do™ngSt-
p. 299.] p. 323
86965—3 PUBLIC ARCHIVES
Q. 362, pt. 2
1825 Stephen to Wilmot Horton, private.   States that he has spent
rember26, the past two days in studying that part of the Canada Company
itehaii. controversy which was new to him, and details particulars in which
the commissioners have failed to carry their instructions into execution. Differs also, for reasons given, from the views expressed by
Wilson and by Robinson. Discusses means of getting to the bottom
of the question. Contends that although the commissioners have
travelled by the wrong road, they have reached the right conclusion,
and points out that were Robinson's figures to be subjected to the
deductions made by the commissioners, the two sets of figures would
be approximately the same. . p. 311
rember26. Memorandum of Wilmot Horton, addressed to Bathurst, respect
ing the report of the commissioners. P- 324
sember2, Stephen to Wilmot Horton.   Transmits draft of a letter from
itehaii. Wilmot Horton to the commissioners, in reply to their letter of
10 November. This is for submission to Bathurst. [Enclosure not
at this place.] p. » |
House of Commons
ii «• Resolution for Address for return of the Minutes of Intended
Arrangements with the Canada Company. p. 333
Law Officers
jrupy 17. Bathurst to Attorney General and Solicitor General.    Transmits'
Minutes of Intended Arrangements with the Canada Company,
together with a draft charter, and requests a report as to whether
this draft conforms to the minute; as to whether there is any legal
objection to the granting of such a charter, and as to means to make
the charter conform to the minute. p. 334
£&a. Bathurst to Attorney and Solicitor General.    Refers to letter
""^ ' of 17 February, and transmits draft of a bill drawn up by the solicitor
of the Canada Company, for carrying the proposed arrangements
into effect, together with the covering letter. Requests a report
as to whether there is any legal objection thereto, and as to how any
such objection could be removed. [Enclosures not at this
place.] p. 336
SnVsinn J-  S'  CoPley [Attorney General]  and  C.  Wetherell  [Solicitor
General] to Bathurst. Acknowledge letter of 17 February, and
report that with the alterations which they have made, the draft
charter conforms to the Minutes of Intended Arrangements, in places
where the heads are recapitulated. Point out certain material
variations. p. 338
eanSinn Copley  and  Wheterell  to  Bathurst.    Acknowledge   letter  of
"9 March, and report that with the slight alterations made therein,
the draft bill is in conformity with the agreement, and that there is
no legal objection thereto. p. 342
Treasury
Bill to Incorporate the Canada Company.
See Q. 360, p. 1.]
[Not transcribed,
p. 344 Q. 362, pt. 2
REPORT FOR THE YEAR 1943
G. Harrison [Secretary to the Treasury] to Wilmot Horton.       1825
Transmits letters from the Admiralty respecting the cost of enter- June 21,
taining the commissioners, while on board the Romney, and requests chambers.
that Bathurst will inform the Treasury of the means by which this
should be paid. p. 345
Enclosed:
(1) John Barrow [Second Secretary to the Admiralty] to John
Charles Herries [Financial Secretary to the Treasury], Admiralty
Office, 23 December, 1824. Requests payment of £126, which was
advanced by Capt. N. Lockyer, for entertainment of the commissioners, p. 346
(2) Barrow  to  Herries, Admiralty,  4 June,  1825.    Refers to .
letter of 23 December, and requests payment of a further sum of
£126, advanced on the same service. p. 347
Harrison to Wilmot Horton.   Refers to Wilmot Horton's letter July 12,
of 27 June, and gives directions respecting the payment of the charge chambers.
for entertaining the commissioners while on board the Romney. p. 348
Harrison to Wilmot Horton, private.    Acknowledges letter of September,
16 July, and states that the sum of £252 has been paid to Captain clambers.
Lockyer. This is to be repaid to the Treasury, when it shall have
been recovered from the Canada Company. p. 349
War Office
R. Lukin to Wilmot Horton.    States that Lieut.-Colonel F. July 23,
Cockburn has applied for permission to receive his half pay, while War    ce'
holding an appointment as commissioner.    Requests to be informed
of the   date   of  this  appointment   and  as  to   the  remuneration
given. p. 350
George H. Markland
Memorial praying for appointment as receiver of monies to be Mayi.
paid by the Canada Company. p. 351
Markland   to
Reports   upon   the   confidential October 1.
conversation with Gait, and gives his explanations as to the confidential paper, which he offers to produce if required. p. 354
Markland   to   Wilton   Horton.    Transmits   the   confidential October^,
paper,  and  explains  the  circumstances  under  which it  was prepared. . p. 357
Enclosed:
(1) Explanation with respect to the manner in which the commissioners prepared their report. p. 359
(2) Amount arising from £20,000 paid annually for 20 years
if funded at 5 per cent. p. 374
Rev. John Strachan
Sir PeregrineJVIaitland [Lieutenant-Governor of Upper Canada] g*7^
to
Rev. J. Strachan.
86965—3$
Transmits a plan for a land company, prepared by
p. 377 E. Ellice
Edward Ellice to Wilmot Horton. Expresses his views with
respect to the Canada Company, and to a similar project for Lower
Canada. P- 405
Sir F. N. Ommanney to Wilmot Horton. States that he is
agent for Captain Lockyer, and requests payment of the sum due
to him, for entertainment of the commissioners while on board the
Romney. P- 408
REPORT OF   THE COMMISSIONERS APPOINTED TO
VALUE THE LANDS TO BE PURCHASED BY
THE PROPOSED CANADA COMPANY
Series Q. Vol. 364, pts. 1-3
CANADA COMPANY STATISTICAL RETURNS
Statistical returns of Crown and Clergy Reserves by districts,
giving figures by township and county. Each division is preceded
by a general report on the district, signed by T. Ridout, Surveyor
General: iBiKi
District
County
Crown Reserve
Clergy Reserve
Eastern
p. 3
Glengarry
p. 4
p. 8
Stormont
p. 5
p. 10
Dundas
p. 6
p. 10
Ottawa
p. 16
Prescott
p. 17
p. 25
Russell
p. 20
p. 29
Johnstown
p. 33
Grenville
p. 34   .
/p. 40
\p. 48
Leeds
fp.38
IP-44
p. 49
Bathurst
p. 59
Carleton
p. 60
p. 73
[~f£i     Lanark
p. 65
p. 77 Q. 364, pts. 1-3
REPORT FOR THE YEAR
37
District
County
Crown Reserve
Clergy Reserve
Midland
p. 82
Frontenac
p. 83
p. 96
Lennox and
p. 86
p. 99
Addington
Hastings
p. 89
p. 102
Prince Edward
p. 94
p. 107
Newcastle
p. 112
Northumberland
p. 117
p. 140
Durham
p. 135
p. 151
Home
p. 158
York
p. 159
p. 183
Simcoe
p. 170
p. 194
Gore
p. 207
Halton
p. 209
p. 217
Wentworth
p. 216
p. 223
Niagara
p. 224
Lincoln
p. 225
p. 226
London
p. 227
Norfolk
p. 228
p. 253
Oxford
p. 234
p. 258
Middlesex
p. 240
p. 263
Western
p. 275
Kent
p. 267
p. 284
Essex
p. 280
p. 288
J. Durand [Registrar of Gore District] to G. Hillier [Private March 24.
Secretary].   Acknowledges letter of 17 March, and states that the
records in his office are not sufficient to enable him to supply the
information requested therein. p. 206
S. Jarvis [Registrar] to Hillier. . Acknowledges letter of 17 March, March 26,
and transmits schedule of several conveyances of land registered
during the past few years'. States that he has no record as to whether
the lands are improved, but that they have been selected from the
most remote parts of the townships in which they lie, and that he
has delayed making further searches until further instructions shall
have beeen received.    Requests remuneration. p. 55
Enclosed:
Schedule, 26 March, 1825.
p. 157
R. Leonard [Sheriff] to Hillier.   Acknowledges letter of 17 March, JJ"^.
and transmits a return of wild lands sold under execution, from the   iagara*
date of his appointment 1 February, 1820, to 29 February, 1824.
No records were left by the late sheriff. p. 109 38
PUBLIC ARCHIVES
Q. 364, pts. 1-3
March 3d,
Cobourg.
Enclosed:
Return.
p. 110
J. Spencer [Sheriff ]to Hillier. Acknowledges letter of 17 March,
and transmits a return of lands in the Newcastle District, sold by
legal process. p. Ill
Enclosed:
Return.
p. 112
March 30,
Cobourg,
E. S. Boulton [Registrar] to Hillier. Transmits a schedule of
all sales of wild lands during the five years preceding 29 February,
1824. Points out that the price is not always registered, and that
there is no record as to whether the land was improved. p. 113
Enclosed:
Return.
p. 114
J. H. Powell [Sheriff of Bathurst District] to Hillier. Acknowledges letter of 17 March, and states that no unimproved land in
that district has been sold by. legal process. Private sales seem
to have been at $2 to $3 per acre, certain situations commanding $4. p. 56
W. Jarvis [Sheriff] to Hillier. Acknowledges letter of 17 March,
and states that he has not sold any land by legal process. Any
records on this subject are still in the hands of his predecessor,   p. 58
April 4,
Surveyor
General's
Office.
T. Ridout [Surveyor General] to Hillier. Transmits plans of
.townships in the Bathurst District, together with schedules of
townships and field noises of reserves claimed by the Company.
[Enclosures not at this place. See Q. 364, pt. 1, p. 59; for diagrams
see Q. 365-367.] p. 57
J. Ward [Registrar] to Hillier. Acknowledges instructions of
17 March, and transmits a return of unimproved lands in Durham,
which were sold in the five years preceding 29 February, 1824.
Transmits return of his emoluments as clerk of the peace, and as
registrar. p. 130
Enclosed:
Return of lands.
[Return of emoluments not at this place.] p. 131
Schedule of wild lands in the Home District, disposed of at
Sheriff's sales from 1819 to 1824, inclusive.   S. Ridout [Sheriff], p. 156
Return of uncultivated lands sold at Sheriff's sales within the
Midland District between the 28 February, 1819 and the 29 February,
1824. p. 292
Return of unimproved lands in the Counties of Leeds and
Grenville, conveyed by deeds of which memorials have been registered
together with the prices for which they have been sold. p. 293 Q. 365 REPORT FOR THE YEAR 1943
Series Q. Vol. 365
TOWNSHIPS IN UPPER CANADA
Maps:—
Plan of the Townships in the Eastern,  Ottawa, Johnstown,
Bathurst, Midland, and Newcastle Districts.
Townships in the Province of Upper Canada [stamped Canada
Company].
No. 1, Lochiel
No. 2, Lancaster
No. 3, Roxborough
No. 4, Finch
Eastern District
No.   5, Winchester
No.   6, Mountain
No.   7, Williamsburgh
Ottawa District
No.   8, Hawkesbury
No.   9, Caledonia
No. 10, Plantagenet Front
No. 11, Plantagenet Rear
No. 12, Alfred
No. 13, Cambridge
No. 14, Russell
No. 15, Cumberland
No. 16, Gloucester
No. 17, Clarence
No. 18, Osgoode
Johnstown District
No. 19,
No. 20,
No. 21,
No. 22,
No. 23,
No. 24,
No. 25,
No. 26,
No. 27,
Edwardsburgh
Gower, South
Gower, North
Oxford
Marlborough
Wolford
Montague
Elizabethtown .
Yonge [formerly Escott]
No. 28, Lansdowne
No. 29, Leeds
No. 30, Kitey
No. 31, Bastard
No. 32, Crosby, North
No. 33, Crosby, South
No. 34, Burgess
No. 35, Elmsley
Bathurst District
No. 36,
No. 37,
No. 38,
No. 39,
No. 40,
No. 41,
No. 42,
No. 43,
No. 44,
Nepean
Goulburn
March
Huntley
Torbolton
Fitzroy
Pakenham
Beekwith
Drummond
No. 45, Bathurst
No. 46, Sherbrooke, North
No. 47, Sherbrooke, South
No. 48, Ramsay
No. 49, Lanark
No. 50, Dalhousie
No. 51, Darling
No. 52, Lavant
Midland District
No. 53,
No. 54,
No. 55,
No. 56,
No. 57,
No. 58,
No. 59,
No. 60,
No. 61,
No. 62,
Pittsburgh
Loughborough
Portland
Palmerston
Camden, East
Richmond
Sheffield
Kaladar
Tyendinaga
Thurlow
No. 63, Sydney
No. 64, Hungerford
No. 65, Huntingdon
No. 66, Rawdon
No. 67, Marmora
No. 68, Madoc
No. 69, Elzevir
No. 70, Lake
No. 71, Hollowell 1825
PUBLIC ARCHIVES
Newcastle District
Q. 365
No. 72, Murray                                  No. 85, Smith
No. 73, CramahS                                 No. 86, Emily Gore
No. 74, Haldimand                              No. 87, Methuen
No. 75, Hamilton                                 No. 88, Burleigh
No. 76, Seymour                                  No. 89, Harvey
No. 77, Percy                                       No. 90, Hope
Nd. 78, Alnwick                                   No. 91, Cavan
No. 79, Otanabee                                 No. 92, Clarke
No. 80, Monaghan                               No. 93, Manvers
No. 81, Asphodel                                 No. 94, Emily
No. 82, Belmont                                  No. 95, Mariposa
No. 83, Dummer                                  No. 96, Cartwright
No. 84, Douro                                      No. 97, Darlington
Series Q. Vols. 366-367
TOWNSHIPS IN UPPER CANADA
Maps:—
Townships in the Province of Upper Canada [stamped Canada
Company]:
Plan of the Townships in the Home, Niagara, Gore, London, and ,
Western Districts.
Home District
No.   1, Whitby                                    No. 21, Albion
No.   2, Reach                                      No. 22, Thorah
No.   3, Brock                                      No. 23, Mara
No.   4, Georgina                                 No. 24, Orillia
No.- 5, Scott                                        No. 25, Tay
No.   6, Uxbridge                                 No. 26, Medonte
No.   7, Whitchurch                              No. 27, Oro
No.   8, Pickering                                  No. 28, Tiny
No.   9, Scarborough                            No. 29, Flos
No. 10, Markham                                No. 30, Vespra
No. 11, Gwillimbury, East                  No. 31, Mulmur
No. 12, Gwillimbury, North                No. 32, Tosorontio
No. 13, King                                        No. 33, Essa
No. 14, Vaughan                                  No. 34, Innisnl
No. 15, York                                        No. 35, Gwillimbury, West
No. 16, Toronto                                   No: 36, Tecumseth
No. 17, Toronto, Gore                         No. 37, Adjala
No. 18, Etobicoke                                 No. 38, Mono
No. 19, Chinguacousy                          No. 39, Amaranth
No. 20, Caledon
Gore District
No. 40, Trafalgar                                 No. 47, Flamborough, E. & W.
No. 41, Esquesing                                 No. 48, Beverly
No. 42, Erin                                         No. 49, Glanford
No. 43, Garrafraxa                               No. 50, Binbrook
No. 44, Eramosa                                  No. 51, Wilmot
No. 45, Nasagiweya                             No. 52, Goderich
No. 46, Nelson
Niagara District
No. 53, Caistor Q. 366-367
REPORT FVR THE YEAR
London District
No. 54, Windham
No. 69, Norwich
No. 55, Rainham
No. 70, Bayham
No. 56, Walpole
No. 71, Malahide
No. 57, Woodhouse
No. 72, Yarmouth
No. 58, Townsend
No. 73, Southwold
No. 59, Charlotteville
No. 74, Dunwich
No. 60, Walsingham
No. 75, Aldborough
No. 61, Middleton
No. 76, Delaware
No. 62, Houghton
No. 77, Westminster
No. 63, Nissouri
No. 78, Dorchester, N. & S.
No. 64, Zorra
No. 79, London
No. 65, Blenheim
No. 80, Lobo
No. 66, Oxford, E.W. & N.
No. 81, Carradoc
No. 67, Burford
No. 82, Ekfrid
No. 68, Dereham
No. 83, Mosa
Western District
No. 84, Orford
No.   94, Zone
No. 85, Howard
No.   95, Dawn
No. 86, Harwich
No.   96, Sombra
No. 87, Chatham
No.   97, Mersea
No. 88, Raleigh
No.   98, Gosfield
No. 89, Tilbury, East
No.   99, Colchester
No. 90, Tilbury, West
No. 100, Maiden
No. 91, Romney
No. 101, Sandwich
No. 92, Dover, E & W.
No. 102, Maidstone & Rochester
No. 93, Camden, West
Series Q. Vol. 368, pts. 1-2
CANADA COMPANY, 1826
The Directors and their Secretary, J. Galt 1826
John Gait [Secretary] to R. Wilmot Horton [Under Secretary]. January n,
Requests  a  printed   copy  of the  Minutes  of   Intended  Arrange- Canada House-
ments. p. 1
C. Bosanquet [Chairman] to Earl Bathurst [Secretary of State]. c3a House
Acknowledges letter of 16 January, and requests to be informed as st. Helen's
to the nature and extent of the reconsideration of the award of the Place'
price of land, which is required before the charter can be granted.
Urges the importance of an early grant of a charter. p. 2
Wilmot   Horton   to   Bosanquet.   Acknowledges   letter   of   26 S^^§t
January, and states the conditions under which a fresh award could
be made.   Bathurst would hear any proposal from the Company
for a new arrangement.    Regrets the inevitable delay. p. 4
Bosanquet to Wilmot Horton. Acknowledges letter of 30 gjj^^j^
January, and transmits the opinion of counsel of the Company, as to ana a ouse'
the power of the directors to accede to the conditions contained
therein, together with a resolution of the board of directors. As this
resolution differs only in detail from that proposed by Bathurst,
they trust that referees may be immediately appointed as had been
suggested.    [Another copy at p. 37.] p. 7 PUBLIC ARCHIVES
Q. 368, pts. 1-2
February 0,
Downing St.
Enclosed:
(1) Opinion of R. Spankie and C. Holford Bosanquet, Lincoln's
Inn, 7 February, 1826. P- 12
(2) Resolution, 2 February, 1826. p. 10
Wilmot Horton to Bosanquet. Acknowledges letter of 8
February, and states that Bathurst has no objection to the appointment of referees according to principles laid down in the resolution
of the Canada Company, but retains the right to lay the whole transaction before, the Privy Council for a final decision thereon should
he deem it necessary to do so. P- 16
Bosanquet to Wilmot Horton. Acknowledges letter of 9
February, and states that the directors have named Robert Grant
as referee on the part of the Company. It was also resolved that the
secretary should furnish the referees with copies or extracts of all
documents, as required. p. 18
Gait to Wilmot Horton. Requests the diagrams and field notes
brought home by the commissioners, in order that copies can be made
for the use of the Company. p. 19
Gait to Wilmot Horton. Transmits a list of the shareholders
of the Canada Company, as it stood on 10 January, 1825, when they
signed the agreement and paid the second instalment. States that
the directors have taken no cognizance of transactions in shares,
and that he held no shares while in Canada but has since bought
them back contingent on a grant of a charter. Complains of his
losses and of the position in which he has been placed. p. 20
Enclosed:
Canada Company, List of Shareholders, 10 January, 1825. p. 22
March 1,
13 St. Helen's
Place.
Gait to Wilmot Horton. States that the Company had deposited
£50,000 at Montreal, last year, but as this money may not be wanted
for some time, they are prepared to transfer up to £25,000 to the
Government in account current. Should this be approved, Bosanquet,
Williams, and Downie are empowered to enter into an agreement
for this purpose. p. 35
Gait to Wilmot Horton. Acknowledges letter of 21 February,
transmitting an extract of a letter from Samuel Hood. Regrets
that in the present undefined state of the Company, it will be impossible
to consider this application, although it concerns an object to which
the Company intends to pay attention. p. 36
Gait to Wilmot Horton. Expresses his views with respect to
the Upper Canada Order-in-Council, on the subject of land grants,
21 November, 1825, which he regards as unfair to the Canada
Company. Complains of the interpretation given in Upper Canada
to the third clause of the Canada Company Act, and of the Alien Bill
which although fortunately disallowed, may still check the inflow
of settlers from the United States. p. 40
*^« —
Q. 368, pts. 1-2
REPORT FOR THE YEAR 1943
Wilmot  Horton to  Gait.   Acknowledges  letter of  1   March,       1826
and replies to the complaints made therein.   States that he does not March s,
wish to imply that negotiations may not be opened between the DowningSt-
Government and the Canada Company, after the full establishment
of  the   Company   and   the   completion   of  the   present   arrangements, p. 48
Gait to Wilmot Horton, private. Acknowledges letter of March 9,
8 March, and stresses the need of explanations which will relieve the pia?e.Hekn 8
anxieties and apprehensions of the directors. Reiterates his opinion
that the new land regulations are unfair to the Company. Points
out that far from wishing to obtain a monopoly, the Company merely
desires an agency revocable at will. Objects to the Upper Canada
attitude upon valuation of townships and the construction of clause 3,
of the Canada Company Bill. Holds that Wilmot Horton has
misunderstood him with respect to the Alien Bill, and urges the passage
of a declaratory and confirmatory bill upon this subject. p. 54
Bosanquet to Wilmot Horton. Acknowledges letters of 10 and 27 M^J 31a
March, and states that the Company is of opinion that it would be a °m&'
wise to postpone the transfer of £25,000 to the credit of the Government, in order to await the decision of Sir John Richardson with
respect to the suggested renewal of the commission. Should it be
decided to make such a renewal, the Company would take the sense
of the shareholders as to the advisability of dissolving the Company, p. 61
Gait to Wilmot Horton.   States the he understands that a bill JJgfHeWe
on the alien question has been prepared by C. A. Hagerman, Solicitor Place.
General of Upper Canada.   Draws attention to 4 Geo. Ill, cap.
111. p. 63
Gait to Wilmot Horton, private. Transmits copy of an address May 4,
from the Assembly of Upper Canada, the original of which he believes |i^flens
to have been entrusted to Dr. Strachan. Points out that the Church
of England is a minority in that province. Hopes that the wishes
of the Canadian people will be respected, and that the clergy should
not be allowed to interfere with the integrity of the contract. States
that this integrity is his sole object in making the appeal since his
own interests, and those the Company, will be improved by the
proposed exchange. p. 65
Enclosed:
Address, no date. Protests against a further appropriation
of Clergy Reserves, and states that the present reserves should be
enjoyed by all denominations of Christians. p. 67
Gait to Wilmot  Horton.   Acknowledges letters of 26 April, M^|a House
and states that the directors do not feel that the present state of   ana a
the negotiations would permit them to advance the £25,000 requested
therein. p. 69
Gait  to   Wilmot  Horton.   Acknowledges  letter  of  29   May, Mayjo, ^^
directing payment of £1,380 to Lieut.-Colonel F. Cockburn, and   ana
states that the directors feel that this charge should not have been
made against the Company, since they have not been parties to the
86965—4* PUBLIC ARCHIVES
Q. 368, pts. 1-2
May 31,
St. Helen's
Place.
detention of the commissioners in London, nor in the transactions
which have taken place since their return. This sum should be paid
by the Government or by the Clergy Corporation. States that the
sum will be advanced and will be charged against the payments
to be made under the contract. On this understanding, an application for payment should be made by Cockburn to the office of the
Company. P> 70
Gait to Wilmot Horton. Transmits copy of a Minute of Agreement with Bathurst, made on 23 May, and ratified by the Company
on 30 May, 1826. P- 72
May_31,
St. Helen's
Place.
June 1,
Downing St.
Enclosed:
Minute.
p. 73
Gait to Wilmot Horton. Transmits a draft of the charter for
the Canada Company, which has been altered with respect to the
Clergy Reserves. The dates have also been altered from 1825 to
1826. No other changes have been made. [Enclosures not at this
place.] p. 82
Wilmot Horton to Gait. Acknowledges letter of 30 May, and
states that Bathurst has-proposed that the sum of £1,380, should
be paid to Cockburn, and that it should be charged to the general
account, provided that the whole account should be made subject
to a reference, in order to determine the proportion that should be
paid by each of the contracting parties. p. 81
June 14,
St. Helen's
Place.
June 24,
13 St. Helen's
Place.
Gait to Wilmot Horton. Requests access to the charts of a
survey of the Huron tract which was made some years ago for the
Admiralty. States that the Company wishes to compare these
charts with the map of this area which is now preparing. p. 83
Gait to Wilmot Horton. States that the Company has decided
to pay the full shares of those who dissented from the new arrangement. These amount to 1,095. They do not wish that new shares
should be issued, as the capital of £890,500 is sufficient, and couft
be augmented at any time. States that he will call upon him
regarding this matter. p. 84
Gait to Wilmot Horton. Requests that one of the government
schooners on Lake Huron may be employed by Company officers
who are about to proceed to Canada in order to select the land which
is to be substituted for the Clergy Reserves. p. 85
Gait to Wilmot Horton. Requests to be put in possession of
all outstanding accounts due for the mission to Canada. p. 86
Gait to Wilmot Horton. Asks, for reasons given, that the
Company be permitted to deduct the amount of its share of the
expense of the mission to Canada, from the sum allowed under the
contract of 23 May, 1826, to be expended on public improvement
in the territory substituted for Clergy Reserves. p. 87
Gait to Wilmot Horton. Requests a return of flax, flax and linen
yarn imported from Europe during the past seven years. p. 90 Q. 368, pts. 1-2 REPORT FOR THE YEAR 1943 45
Gait to Wilmot Horton.   Transmits a statement of advances       1826
made by the Company, and states that these advances have been Sg^beri^
placed against the first payment due from the Company.    Requests
to be informed as to whether this is correct. p. 91
, Canada Houp<»
Enclosed:
Statement, 13 September, 1826, [T. Smith, Accountant].
,92
Gait to Bathurst.   Begs acceptance of a copy of the map which fgjj^^j^
has been prepared by the Canada Company. p. 93   ana a   ouse'
T. Smith [Accountant] to Wilmot Horton.    Transmits reduced gSrHW
lithographs of the diagrams of townships in the four easterly districts.
The other lithographs will be sent as soon as they shall be ready.
[Enclosure not at this place.] p. 94
Gait to Wilmot Horton.    Returns the account of flax,  etc., g^^House
imported into Great Britain, and expresses thanks for the use of it.   ana a
[Enclosure not at this place.] p. 95
Bosanquet to Wilmot Horton.    States that it has been resolved clnld^HoSe.
to pay £5,000 on the account of the sum due by the Canada Company
in the present year. p. 96
Bosanquet to Wilmot Horton.
manner of paying the £5,000.
Requests information as to the December 20,
^ ~_ Canada House.
p. 97
The Commissioners
Wilmot Horton to the Commissioners. [Note.] This letter is DoSgk
identical with that dated 2 December, 1825, with the exception of
certain paragraphs which have been transcribed at this place. These
paragraphs give further reasons why the award made by the commissioners has been regarded as unsatisfactory. [See Q. 361,
p. 431.] p. 98
R.  Grant  to  Wilmot  Horton.     Transmits  duplicate  of the itone^uiiding.
folio letter, which has been more carefully revised than its predecessor.   Points to certain revisions made therein. p. 101
Enclosed:
Commissioners to Bathurst, London, April 20, 1826. Submit
a detailed reply to Wilmot Horton's letter of 14 [16] January.
Defend their conduct and the award which they have made.     p. 103
Appendices:—
1. Copy of a paper drawn up and signed by four of the commissioners, at the Colonial Office, 31 December, 1824. Deals with
the principles upon which an average price is to be determined, p. 404
2. Averages for the Eastern, Ottawa, and Gore Districts, p. 405
3. Schedule of Sales of Land, extracted from the journals of
the commissioners, considered as applying directly to the
instructions, being over 200 acres, and for cash. p. 407
[Another copy of these enclosures follows, but the letter of the
commissioners is dated 26 April, 1826.    Not transcribed.] PUBLIC ARCHIVES
Q. 369
1825       Series Q. Vol. 369
CANADA COMPANY, 1826, MISCELLANEOUS AND
PRIVATE
December 30,
19 Lower
Grosvenor St.
J. Hullett to Wilmot Horton, private and confidential. Returns
draft letter, and replies to the observations made therein with respect
to the grounds upon which Bathurst has refused to accept the award
of the commissioners. In order to make himself quite clear upon
these points, he transmits the draft of the letter which he had written
originally on this subject, together with a minute of the Board of
Directors, declining to accept communication of the contents of
Wilmot Horton's letter. P- 126
Enclosed:
Hullett to Wilmot Horton, 19 Lower Grosvenor St., 30 December,
1825, private and confidential. p. 133
Appendices:—
1. Remarks as to the manner in which each of the Articles of
Instruction were executed, John Gait, 26 October, 1825. p. 180
2. Schedule H. List of townships in which no evidence of ready
money sales was obtained by the commissioners, shewing the dates
of survey and the population. p. 205
1826 Memorandum by Wilmot Horton for Bathurst, of a conversa-
January 4.        tion with C. Bosanquet respecting steps taken on Wilmot Horton's
letter to J. Hullett, which had been communicated to the directors
of the Canada Company.    Requests  instructions, should steps be
required. p. l|ff
Enclosed:
Wihnot Horton to Hullett, Downing St., 13 December, 1825,
private and confidential. Transmits confidentially, the letter which
it is proposed to send to the commissioners, and states that Bathurst
will be pleased to receive the individual observations of the directors
thereon.    [Sub-enclosure not at this place.] p. 125
January 4,
Geddington
Hall.
H. J. Boulton [Solicitor of the Canada Company] to Wilmot
Horton. Returns a letter from Gait, addressed to him but intended
for D'Arcy Boulton. Denies any knowledge of the affair. Requests
to be informed if any progress has been made in settling the differences
with the Canada Company. [Letter not at this place. See Q. 362,
pt. 1, p. 153.] p. 251
January 9,
New Bank
Buildings.
January 11,
Hampstead
Heath.
J. W. Freshfield [Solicitor of the Canada Company] to Wilmot
Horton, private. Denies that either he or Gait had anything to do
with Hullett's letter. Explains the circumstances under which
he communicated with the law officers with respect to the West
India Company's charter. p. 228
C. Bosanquet [Chairman of the Canada Company] to [Wilmot
Horton]. Expresses satisfaction at the recent conversation with
Wilmot Horton and urges another meeting before the commencement Q. 369 REPORT FOR THE YEAR 1943
of the session.    This should be on the understanding that only such       1826
minutes as had been agreed upon should pass in writing.   Expresses
his views as to the solution of the difficulties which have risen   p. 41
Wilmot Horton to Bosanquet. Acknowledges letter of 11 January is.
January, and states that he will be happy to see Bosanquet on
Monday, or on any subsequent day. Declares that he does not share
Bosanquet's fear with respect to the letter to the commissioners, as
Parliament could put a stop to any paper war. Offers all assistance
to secure a satisfactory solution of the difficulties. p. 40
Lieut.-Colonel F. Cockburn [Commissioner] to Bathurst. January 17,
Acknowledges Wilmot Horton's letter of 14 January, and requests on MaSr!nSt"
the part of Gait and Davidson, the other commissioners being absent,
that no further proceedings be taken until the commissioners shall
have been afforded an opportunity to reply thereto. Points out that
some of the objections made therein have not been known previously, p. 1
Sir John Harvey [Commissioner] to Wilmot Horton.   Requests January 24,
an interview, in consequence of a communication which he has §^dServioe
received from the other commissioners. p. 32
Harvey  to   Wilmot  Horton.   States  his  reluctance  to  have January 25,
anything to do with the controversy over the Canada Commission, ciub!* Service
and his appreciation of the stand taken by Bathurst.   Urges that
the commissioners should be sent back to carry out their instructions
to Bathurst's satisfaction. p. 33
Cockburn to [Wilmot Horton].    Requests papers which were January 27,
submitted to Sir Giffin Wilson by J. B. Robinson, on 4 August, and wc™st.
which are alluded to in Wilmot Horton's letter of 14 January.     p. 3
John Davidson [Commissioner] to Wilmot Horton, private. January 28,
Acknowledges letter of 27 January, and requests an interview for uraon
himself and Cockburn. States that they had only recently seen the
letter addressed to Wilmot Horton by one of the members of the
Canada Company. They also wish to obtain two letters written by
J. B. Robinson, which have been alluded to by Sir Giffin Wilson,
and to explain the application which they have made to Robert
Grant, for assistance in drawing up a paper which should prove
satisfactory to Bathurst and Wilmot Horton. If an interview was
afforded he would be able to communicate what he learned in Quebec
respecting Caldwell's affairs. p. 38
Harvey to Wilmot Horton.   States that his half pay has been February 1,
withheld on the grounds of his appointment as a commissioner, and London-
maintains his claims to it. P- 36
Cockburn to Wilmot Horton.   Acknowledges note of 1 February, ^g^y |
and expresses thanks for the permission given therein.   States that 10     on   '
the paper left by Davidson was so completely in the rough that it
may not be intelligible.   Declares that he will call at the office during
the afternoon, but does not expect an interview. p. 4 February 9,
St. Helen's
Place.
PUBLIC ARCHIVES
Q. 369
Cockburn to [Wilmot Horton]. States that he called as directed,
and expresses sympathy for Wilmot Horton's indisposition. Request!
copies of the documents for which he applied in his letter of
27 January. P- 5
J. Gait [Secretary of the Canada Company] to Wilmot Horton,
private. Transmits a paper and states that he hopes that the
answer will be ready that evening. The directors will meet the
next day. Requests to be informed as to the remuneration which
will be given to the government referee. [Enclosure not at this
place.] P- 62
February 14, Gait to Wilmot Horton.   Requests access to plans, estimates
Place!ens      and  surveys for the proposed  canal between Kingston  and the
Ottawa River. p. 63
February 16, Bosanquet to Wilmot Horton.    Denies that he has trafficked
da House.  .n Qana(ja Company shares, and states that he has accepted no
remuneration for his services on the board of directors.    Points to
the inconvenience from which shareholders have suffered as a result
of locking up their capital. p. 48
SS^ian ^' P^ Adam [Referee for the Government] to Wilmot Horton.
eons nn.    Accepts the task imposed upon him, and states that he will call on
Monday. p. 236 i
February,
Worthing.
Unsigned to  .   Describes the Canada Company as
"a job", and urges that the project should be quashed. p. 268
Sncoh^sinn Adam to Wilmot Horton.    States that Maule, Treasury Soli
citor, requires a written authority before he communicates with
*    respect   to  the   Canada   Company.    Promises  to   call  next   day.
Requests a copy of the journal of the commissioners. p. 239
Ho^seoi Lords Adam to Wilmot Horton.    States that Robert Grant cannot come
on Saturday, and requests another appointment. p. 237
KhHeien'S ^a^ *'° Wilmot Horton, private.    Transmits a paper dealing
Place. eens    with the proposed charter of the Canada Company, and reiterates
the pernicious effects of delay.    [Enclosure not at this place.]   p. 64
ISbemarie Cockburn  to  Wilmot  Horton.    Refers to  correspondence  on
st, the expenses of the commissioners, and requests to be informed as to
the steps required in order to secure remuneration. p. 6
Freshfield to Wilmot Horton. Transmits privately a resolution
of the Company, that it would not be expedient to accept the charter
until the terms shall be fully settled. p. 230
March 6,
New Bank
Buildings.
Enclosed:
Resolution.
231
March 7,
Downing St.
H. J. Boulton to Wilmot Horton. Acknowledges command,
and states the situation of American citizens living in Canada who
now find themselves to be aliens. p. 253 Q. 369 REPORT FOR THE YEAR 1943 4
J. C. H [erries] to Wilmot Horton.   Returns correspondence       1826
between Gait and Wilmot Horton, and states that while the Treasury March 9,
wishes to obtain the £25,000, it must not  be allowed to compromise Treasury-
the issue of the negotiations. p. 261
Cockburn to Wilmot Horton.   Acknowledges letter of 10 March, March n,
and expresses thanks that a sum to cover the personal expenses of ft_Albemarle
the commissioners will be advanced, pending a decision as to the
incidence of this charge. p. 7
Adam to Wilmot Horton, private.   States that he has read all March 20,
the papers and requests the assistance of the Treasury Solicitor Lincoln's Inn-
in order to prepare the case for argument before the arbitrator, p. 238
Certificate of Sir John Harvey [Commissioner] as to the amount March-25,
of his expenses. p. 9 4 Baker st<
J. Gait  [Commissioner] to Cockburn.    States the expense to March 27.
which he has been put as a result of his detention in London,   p. 10 pia?e.Helens
John Davidson [Commissioner] to Cockburn.   States the expense March 27.
to which he has been put as a result of his detention in London,    p. 11
Gait to Wilmot Horton, private.    Requests an answer to his March 27#>
last  letter,  and  reminds  Wilmot  Horton that  instructions  were |5aS!lens
promised.   States that considerable anxiety is felt to get the reference
speedily settled.   Asks leave to frank portions of a novel.       p. 66
R. Downie [Director of the Canada Company] to Wilmot Horton. March 27,
Transmits a letter from Gait, respecting his claim to a commission Westminster.
on  the   money   obtained  by  the   Government  from  the Canada
Company. p. 262
Enclosed:
Gait to Downie, St. Helen's Place, 25 March, 1826. p. 263
Certificate of Cockburn, as to the amount of his expenses,   p. 8 March 28.
Enclosed:
Expenses of the commissioners.    [No date.] p. 12
Bosanquet to Wilmot Horton.    Desires and interview to discuss March 31,
extra expenses. p. 50
Canada^House.
Boulton to Wilmot Horton.    Replies to remarks made by Gait March 31,
in a letter to Wilmot Horton, 9 March, 1826, with respect to the27BurySt-
arrangements with the Canada Company.    [For Gait's letter, see
Q. 368, p. 54.] p. 255
Bosanquet to  [Wilmot Horton].   Urges that Wilmot Horton ffig^^ 8t
should use his influence to terminate the state of suspense with
respect to the affairs of the Company.   Feels sure that Bathurst's
objections will be answered by the explanatory document which the
commissioners will send, or have already sent. p. 51 PUBLIC ARCHIVES
Q. 369
April 17,
St. Helen's
Place.
April 26,
St. Helen's
Place.
Adam to Wilmot Horton, private. Requests the returns made
by the registrars. Transmits a memorandum which shows the form
of submission, and states that he sees no objection thereto, but
declines to consent to the accompanying admission. p. 240
Enclosed:
Form of submission.    [Other enclosure not at this place.]   p. 241
Gait to Wilmot Horton, private. Requests an interview on
the affairs of the Company. P^ 67
Cockburn to
Refers to letter of 10 April, and
requests that Lord Palmerston should be officially informed that
it was intended that the commissioners should continue to receive
their half pay during the period of their appointment. p. 13
Wilmot Horton to Adam. Gives the form of reference to
Sir John Richardson. p. 242
Adam to Wilmot Horton. Transmits form of a letter to the
Canada Company, consenting to arbitration before Sir John Richardson and states that Grant is agreed. Promises to lose no time in
making an appointment with Sir John Richardson, as soon as he shall
receive an answer. p. 243
Enclosed:
Form of letter together with forms of acceptance on the part
of the Company. p. 244
Gait to Wilmot Horton, private. States that his conversation
with Stephen has obviated the necessity of an interview. Expresses
his own views upon the arrangements and the reference to Sir John
Richardson. p. 68
Wilmot Horton to Adam. States the circumstances under
which Bathurst has reserved the right of appeal to the Privy Council,
but remarks that he has no intention of so appealing. p. 246
Cockburn to
private.   Requests to be informed
as to whether he should make any further application for payment of
expenses. p. 14
' Gait to Wilmot Horton, private. Requests an interview on
the subject discussed in a letter which he has received from Upper
Canada. p. 71
Cockburn to Wilmot Horton. Transmits an explanatory memorial with reference to the letter of the commissioners, 17 January,
1826. Regrets the length of the communication. [Enclosure not
at this place. See Q. 368, pt. 1, p. 103, enclosure in Grant to Wilmot
Horton, 10 May, p. 101.] p. 15
Cockburn to Wilmot Horton. States that the letter of R. Grant
cannot be sent until late that afternoon. The duplicate of the
explanatory memorial will be sent on Monday. Offers to postpone
the emigration business if Wilmot Horton is too busy to attend to
to it. p. 17 Q. 369
REPORT FOR THE YEAR 1943
Rev. John Strachan [Agent for the Clergy Corporation] to Wilmot       1826
Horton.    Transmits replies to queries addressed to him with respect Mays,
to the negotiations with the Canada Company.    Suggests that if
Gait  should see the fifth  query,  with its answer,  he might be
disinclined to a meeting. p. 213
Enclosed:
Queries    addressed    to    Dr.    Strachan,
thereto.
the    answers
p. 214
Gait to Wilmot Horton.   Requests signature of a document, May 6,
not named.   Asks permission to borrow the duplicate of Grant's iiaS!lenfl
letter ["the sea serpent"]. p. 72
Cockburn   to   [Wilmot   Horton].    Makes   further   application May 12.
for payment of the expenses of the commissioners, and requests
remuneration for Grant, for having given assistance in drawing up
and copying the explanatory memorial. p. 18
Gait to Wilmot Horton.   States that the differences between May 13,
Strachan and himself have been reduced to one point, and that Co10™*108106'
he cannot concur in Strachan's view thereof.   Promises to use his
influence to secure the adoption of his view by the Company, but
if it is rejected by Bathurst he will remain neutral. p. 73
Rev. John Strachan to Wilmot Horton.   Explains the point upon May 13,
which he disagrees wfth Gait.    States that he does not despair of an 19BurySt-
agreement. p. 74
Strachan to Bathurst.   Transmits minute of the arrangement May 22,
which has been made as a result of conferences between Gait and si James's!
himself, and discusses the greater.benefit which will result from the
substitution of a block of land, in lieu of the Clergy Reserves,   p. 218
Enclosed:
Minute.
.221
Cockburn to
12 May, for an interview.
Renews the application, made on May 26,
cc on 43 Curzon St.
Cockburn to Wilmot Horton.    Transmits a note from Gait, May 29,
together with the ultimate account of the commissioners, and reminds **
him of the conditions under which the Company is pledged to make
payments of such a nature. p. 21
Enclosed:
(1) Gait to Cockburn. Monday. Requests that the ultimate
account should be sent to Wilmot Horton, in order that he may
request payment at the Board meeting next day. p. 23
(2) Ultimate account. Return of sums due to the Canada
Commissioners, London, 26 May, 1826. p. 24
Boulton to Wilmot Horton.   Requests an allowance to meet m^29,^
expenses consequent upon his detention in town. p. 260 PUBLIC ARCHIVES
Q. 369
Cockburn   to    ,   private.   Acknowledges   letter   of
30 May, and states that the Directors of the Canada Company will
not advance the expenses unless the whole is considered as an advance
on account of the commission. If the point was conceded, Grant's
claim could be paid and the general incidence could be determined
later. P- 25
May,
Downing St.
[Wilmot Horton] to Bosanquet. States that Bathurst desires
that the Canada Company should have early communication with
Dr. Strachan who has arrived in England, as the,arbitration could be
superseded if the Company would agree to accept a block of land
in lieu of the Clergy Reserves. This arrangement might be more
advantageous to the Company. Discusses the advantages of this
proposal, and the disadvantages of its alternatives. p. 54
[Wilmot Horton] to Bosanquet. States that owing to the health
of Sir John Richardson, it has become necessary to choose another
arbitrator, unless an alternative solution to the problem can be
agreed upon. Draws a distinction between the Crown and the Clergy
Reserves, and states that Strachan would be acceptable as a referee
to meet Gait and one of the commissioners. If this conference fails,
it will become necessary to choose a new arbitrator. p. 59
Cockburn to  .    States that the Canada Company
has made payment for the expenses of the commissioners. p. 26
June 21,
13 St. Helen's
Place.
July 10,
St. Helen's
Place.
July 11,
George St.
July 17,
St. Helen's
Place.
July 26,
St. Helen's
Place.
Gait to Wilton Horton. Requests copies of the Emigration
Committee report, if it is printed. p. 76
Gait to Wilmot Horton, private. Requests settlement of his
claim to a commission of 2|% of the payments to be made by the
Canada Company. p. 77
Gait to Wilmot Horton. Explains the grounds upon which he
claims 2|% of the payments to be made by the Canada Company, p. 79
Gait to Wilmot Horton, private. Requests the report, which
must be revised, and the paper of the commissioners. Transmits
a diagram of the township in which the little peninsula is
situated. p. 83
J. S. Copley [Attorney General] to Wilmot Horton. States that
after an interview with J. W. Freshfield, he sees no objection to the
charter for the Canada Company. The draft will be prepared
as soon as possible. p. 226
Gait to Wilmot Horton, private. States that the Attorney
General is not expected in town until 1 August, and requests that
he be written to, in order that the Company may not lose another
year. p. g4
Gait to Wilmot Horton. Requests that orders be given to send
the charter to the Attorney General. p. 86
Gait ot Wilmot Horton. Requests the warrant, if it has been
signed, in order that the Attorney General may finish the bill.     p. 87 Q. 369
REPORT FOR THE YEAR .
Gait to Wilmot Horton. Requests a note
Knighton, in order that he may fetch the warrant,
the bill will be finished by Tuesday.
to   Sir  William       1826
If this is done July 29,
Qq St. Helen's
P- OO place.
Draft of a letter [to the Lieutenant-Governor of Upper Canada] July,
proposed by Gait.   States the agreement reached with the Canada
Company and directs that no further surveys be made of the tract
in the London and Western districts until 1,000,000 acres shall have
been assigned to the Company. p. 81
Adam to Wilmot Horton.
Company.
Gait to Wilmot Horton.
of the Company.
Returns papers relating to the Canada August 2.
p. 247
Requests an interview on the affairs Augusts.
p. 89
Cockburn   to   Wilmot   Horton.    Acknowledges   letter   of   23 August 24,
August, and expresses thanks for having secured a promise that the 43CummSt-
half pay which was withheld from Sir John Harvey and himself will
be paid under the head of military allowances. p. 27
Gait to Wilmot Horton, private.    Transmits a paper and requests August 2^
an interview before the matter is decided.    States that he is to Canada House-
proceed to Canada for the Company and expresses his desire to
discuss certain points.    [Enclosure not at this place.] p. 90
Gait to Wilmot Horton, private.    States that no answer has September 4,
been received to several letters, and requests settlement of certain Canada
points with respect to money payable to the Government.    Intends
to sail on 1 October. p. 92
Gait  to   Wilmot   Horton.   States  that  the  solicitor  of  the September e,
Admiralty has threatened to prosecute the publisher of the Canada   ana a
Company map, for publishing so much of the survey as was obtained
from that office.    Requests that this mistake be rectified. p. 93
Gait to Wilmot Horton.    Transmits a draft of the instructions September 9,
which he will take to Canada, and requests any suggestions.    States Canada HoU8e-
that it is intended to give him discretionary powers in anticipation
of the arrival of settlers in the spring. p. 94
Enclosed:
Draft of instructions to Gait, 4 September, 1826.
p. 97
Wilmot Horton to [ Gait, private.    Returns draft instructions l^^f^10,
and expresses his views with respect to them. p. 95
J. Stephen [Counsel "for the Colonial Department] to Wilmot ggggjf J1,
Horton.   States that in the absence of papers he cannot give an ^Lichfield,
opinion on the accuracy of Gait's interpretation of the agreement,
but criticizes his attitude in financial transactions. p. 227
Gait to Wilmot Horton, private.    Replies to Wilmot Horton's gg^lf^
strictures upon the draft instructions which have been given by the   anaa
Canada  Company.    Transmits  draft  instructions  to  W.   Dunlop,
warden of the Canada Company's woods and forests.    Requests
a commission in the army for Dr. Strachan's son. p. 102 54
PUBLIC ARCHIVES
Q. 369
Enclosed:
Draft Instructions, Canada House, September, 1826.     p. 105
Gait to Wilmot Horton, private. Returns letter from Hill, and
comments upon the suggestions of the Treasury with respect to
payments due from the Canada Company. [Enclosure not at this
place.] P- HI
Gait to Wilmot Horton. Requests acceptance of a copy of
the map published by the Canada Company. p. 113
Gait to Wilmot Horton. Transmits a summary of the claimant's
case, in order that a meeting can be arranged with the Chancellor
of the Exchequer.    [Enclosure not at this place.] p. 114
Gait to Wilmot Horton. States that the question of the £5,000
advanced by the Company has been discussed, when it was decided
to leave it to J. W. Freshfield and J. Stephen. Some legal difficulties
may remain.   Says that he will call next day. p. 115
November 16,
New Bank
Buildings.
Stephen to Wilmot Horton.    Acknowledges communication of
14 November, and states that he will call next day. p. 232
December 15,
New Bank,
Buildings.
Freshfield to Wilmot Horton. Reports the conversation which
he had with Wilmot Horton respecting the proposed modification'
of terms at the expiration of two years, in the event of the Company
finding itself unable to live up to the terms. States that agreement
was manifested with respect to payments due, and believes that
a payment will be made during the week. p. 233
December 30,
York,
Upper Canada.
Gait to Wilmot Horton. Transmits copy of the only business
letter which he has written to the Company since his arrival in Upper
Canada. Promises to send extracts from some curious emigration
returns. Suggests that inducements should be held out to gentlemen
of rank and family connections to settle in Canada, and urges, as a
case in point, that a price be conceded to George Wyndham who has
accompanied him. p. 116
Enclosed:
Gait to the Canada Company, York, December 28, 1828. Refers
to his letter of 16 December, and states that he cannot make any
more satisfactory communication with respect to his instructions.
Reports the steps which have been taken in Upper Canada with
respect to the recognition of the charter. States that there is every
disposition to give Dunlop wide jurisdiction as a Justice of the Peace.
Upwards   of   130   written   applications   for   reserves   have   been
received.
, 117
No date.
[May|.
Draft Reference of the report of the Commissioners [to Sir John
Richardson], p# 28
No date.
Rec'd.
February 14.
Ignotus to
Opposes the grant of the charter to
the Canada Company and charges that none of the original shareholders now belong to the Company. p. 266 Q.369
Ignotus   to
REPORT FOR THE YEAR 1943
Makes   further   charges   respecting
stockjobbing by the Canada Company
■Februar;
Memorandum as to the result of the instructions given to the No date
commissioners. p. 248
1826
Rec'd.
February 22.
Series Q. Vol. 370
CANADA COMPANY, 1826
Witfi the exceptions calendared hereunder, the material contained
in this volume is duplicated elsewhere and has not been transcribed.
Freshfield to Wilmot Horton.   Transmits another copy of the &brjfyk4'
draft charter of the Canada Company, and reminds him of the report Bunding".
of the law officers thereon.    [Enclosure not at this place.] p. 278
J. S. Copley [Attorney General] to Wilmot Horton.    Points out Augusts,
that the warrant for the   charter  should not have been sent for   eorge
signature until the report of the law officers had been made.    Thinks
that Gait has obtained it by irregular proceedings. p. 279
Series Q. Vol. 371
CANADA COMPANY, 1827
Memorandum as to the state of the discussions between Lord No date.
Bathurst and the Canada Company [by Wilmot Horton].       p. 147
Directors
T. Smith [for the Secretary] to Wilmot Horton.    Acknowledges       1827
Dr. Strachan, and charged to the government account.
P.l"
C. Bosanquet [Governor of the Canada Company] to Wilmot canad^House.
Horton. Transmits a statement of payments made by the Canada
Company and requests that an acknowledgment be given in a form
that would be acceptable as a receipt, by the Lieutenant-Governor
of Upper Canada. Points out that sums due should be paid at the
rate of provincial currency. Requests to be informed as to which
provincial officer should receive future payments, and that proper
instructions be given to'that official. P« 2
Enclosed:
Statement.
p. 4
Bosanquet to Wilmot Horton.    Draws attention to the points g^Jj,
which he wishes to discuss on Monday.    Suggests that T. Ridout, peenitentiary,
Surveyor General of Upper Canada, be appointed to an office under Miiibank.
the Company.   Requests an acknowledgment of that  part of the
statement of payments, which has  been settled.   Wishes further
information on the proposal to send out emigrants at government
expense. P« 6 56
PUBLIC ARCHIVES
Q. 371
1827 Bosanquet to Wilmot Horton.   Transmits an extract from the
March 15,        minutes respecting the settlement of  accounts  with  the  Govern-
Canada House.   m^
p. 8
Enclosed:
Minute, 13 March, 1827.
Sub-enclosure:
Statement of payments made.
p. 9
p. 10
Bosanquet to Wilmot Horton. Acknowledges two letters of
21 March, and states the circumstances under which the Company
cannot pay, to the Treasury, the amount of the bill drawn for salaries
of the civil establishment in Canada [£2,000]. Declares, however,
that that sum can be paid in Canada, together with the £500 required
for Dr. Strachan. p. 11
Minute of the Canada Company, respecting the type of settlers
desired, and the encouragement that should be given to them.  p. 13
S. McGillivray [Chairman of the Committee of Correspondence] to
Wilmot Horton, private. Acknowledges letter of 23 May, addressed
to Bosanquet, and states that in his opinion the directors will consent
to any date fixed for payments and offers to call in order that details
may be settled. Declares that the adjustment of outstanding .
accounts is a necessary preliminary to further payments. p. 15
McGillivray to Wilmot Horton. Requests an interview in
order to discuss a resolution adopted by the Canada Company, on
the line taken in his [McGillivray's] private letter of 25 May.     p. 17
McGillivray to Wilmot Horton. Transmits the new prospectus
of the Canada Company, and states that he would be prepared to
give it in evidence to the emigration committee. [Enclosure not at
this place.] p. 18
McGillivray to Wilmot Horton. States that he has been in
attendance according to appointment, but cannot wait longer,    p. 19
McGillivray to Wilmot Horton, private. Acknowledges note
of June 11, and discusses points which have risen in connection with
Wilmot Horton's note of 1 June, respecting sums paid by the Canada
Company. Transmits extract of a letter to Gait, which raises the
question of the rate of exchange, and states that he will call in order
to settle this. Questions concerning the land given in lieu of the
Clergy Reserves, can wait until after prorogation. Expresses thanks
for the note which Easthope had brought to him. p. 22
Enclosed:
1827.
Extract of letter from McGillivray to Gait, London,
6 June,
p. 23
McGillivray to Viscount Goderich [Secretary of State]. Requests
acceptance of the Company's map of Upper Canada, and transmits
a copy of the same map, on rollers, together with a set of diagrams, Q.371
REPORT FOR THE YEAR 1943
and requests that these be kept at the office for  the sake of      1827
reference.   , p. 26
McGillivray to Goderich.   Requests to be informed as to the August 3,
manner in which the copy of the map, which has been accepted by Canada   ouse'
the King, should be transmitted. p. 29
McGillivray to Goderich.   Requests an interview on the points August 3,
which have been referred by the Lieutenant-Governor of Upper Canada House*
Canada for settlement between the Colonial Department and the
Canada Company.   States that  if  copies  of the  correspondence
with Gait have not been received, the Company will supply copies
of papers which have been received by the court of directors.     p. 27
R. W. Hay [Under Secretary] to McGillivray.   Acknowledges August n,
letter of 3 August, and states that Goderich has not yet received the   owmng j
correspondence   between   Gait   and   the   Lieutenant-Governor   of
Upper Canada.   Goderich would be pleased to have copies of letters
received from Gait, after which he will be able to set a date for an
interview. p. 30
McGillivray to Hay.   Acknowledges letter of 11 August, and August 13,
transmits copies of letters received from Gait. p. 31   ansa  ouse'
Enclosed:
(1) J. Gait [Superintendent] to Major-General Sir Peregrine
Maitland, York, 10 March. Discusses points which have risen
with respect to lots held by settlers but which appear to belong
to the Canada Company, and with respect to Crown Reserves in
townships which have not been surveyed as yet. Desires to come
to an arrangement whereby the Company could survey the 1,000,000
acres which have been granted in lieu of the Clergy Reserves. Points
out that the opening of the road which was to be made through
Clergy Reserves in Halton, might be conveniently postponed until
the survey of the Company's land shall have been made. [Endorsed
K 1.] p. 32
(2) Gait to Major Hillier [Secretary to the Lieutenant-Governor]'
York, 4 May. Refers to letter of 10 March, and states that only
two points remained to be settled, (1) as to obviating errors afld
inadvertencies in returns of occupation, and (2) the application to
survey the 1,000,000 acres. Expresses thanks for having been shown
the letter from the Surveyor General, and declares that the course
which he would have been obliged to take had that letter been
regarded as final, can be seen from the notes herewith enclosed.
[Endorsed K. 2.] p. 36
Sub-enclosure:
Observations, 30 April, 1827.
[Endorsed K. 5.]
p. 46
(3) Gait to Maitland, York, 4 May, 1827. Expresses thanks
for the courtesy extended, in having permitted him to see the Surveyor General's remarks upon his letter of 10 March, and opposed
the views which have been expressed by that officer with respect
to the determination of error and inadvertencies in returns of settlement, and as to survey of the 1,000,000 acres.    [Endorsed K. 3.] p. 37 PUBLIC ARCHIVES
Q. 371
September 6,
Canada
Company's
Office.
September 13,
Canada
Company's
Office.
Attached:
T. Ridout [Surveyor General] to Hillier, York, 17 March,
1827. Reports upon the remarks made by Duncan McDonald
[Surveyor] to W. Dunlop [Company warden], on Gait's letter of
10 March.    [Endorsed K. 4.] P- 41
(4) Hillier to Gait, Government House, York, 29 May, 1827.
Communicates Maitland's decision upon the points raised in Gait's
letter of 10 March, and states that questions relating to Crown
Reserves in unsurveyed townships, and the survey of the 1,000,000
acres, will be referred to the Colonial office.    [Endorsed K. 6.]    p. 53
(5) Gait to Hillier, York, 9 June, 1827. Acknowledges letter
of 29 May, and makes further observations upon the points at issue.
[Endorsed K. 7.] p. 59
McGillivray to Goderich. Acknowledges letter of 11 August,
and transmits map and diagrams to be presented to the King.    p. 64
McGillivray to Wilmot Horton. Requests consideration of
the correspondence between Gait and Maitland which was transmitted
to the Colonial Department on 13 August, and desires an interview
in connection therewith. p. 65
McGillivray to W. Huskisson [Secretary of State].    Transmits
copy of a letter addressed by Gait to Wilmot Horton on the subject
of relief given to the La Guayra [Colombia] emigrants, and trusts'
that this will meet with the approval of the Government. p. 67
Enclosed:
Gait to Wilmot Horton, Burlington Beach, 30 July, 1827. p. 68
[See also p. 178.]
September 13,
Canada
Company's
Office.
October 22,
St. Helen's
Place.
McGillivray to Huskisson Transmits copy of his letter to
Hay of 13 August, with its enclosures and requests an interview.
[For enclosures see above Q. 371, pp. 27-59, 67.] V<m
McGillivray to Hon. E. G. Stanley [Under Secretary],
that he will call next day.
States
p. 73
McGillivray to Stanley. Requests acceptance of the Company's
map and a set of diagrams. Transmits another map and set of
diagrams for Huskisson. p. 74
McGillivray to Huskisson Explains the circumstances which
have led to the request that an interview be given to a deputation,
in order to effect an arrangement which will settle the points in dispute
between Gait and the Lieutenant-Governor of Upper Canada, and
for making payments due from the Company. p. 76
Enclosed:
(1) Memorandum of points referred from Upper Canada,    p. 86
(2) Extracts of correspondence respecting the manner of making
the payments due from the Canada Company: p. 94
(a) Bosanquet to Wilmot Horton, 15 February, 1827. Requests
that instructions be issued to the provincial officer to whom such
payments should be made. p. 94 Q. 371 REPORT FOR THE YEAR 1943
(b) Wilmot Horton to Bosanquet, Downing St., 23 May, 1827.       182'
Requests that specific days be fixed for payment by the Company,
after which instructions will be issued to the Receiver General,   p. 94
(c) McGillivray to Wilmot Horton,! Canada House, 25 May,
1827. States his private opinion that the directors will agree to
make payments on any dates which Goderich may wish. p. 95
Memorandum by Stanley that he has seen the map of the Canada no date.
Company, and has agreed to give 100,000 acres of land in lieu of the
50,000 to 70,000 acres of useless land which appear in the Company's
tract.    This of course is subject to approval, and is in lieu of all
demands. Sir Thomas Cochrane requests an early interview,     p. 89
Memorandum as to settlement of points in dispute.
p. 90 No date.
Memorandum   of  terms  agreed  upon  between   Stanley  and No date.
McGillivray,   23   October,   1827,   and   submitted   for   Huskisson's
approval. p. 92
McGillivray to Huskisson.    Draws attention to Clause VI of gaS^House
the agreement made with Bathurst, 23 May, 1826, and transmits a   ana a
map, showing the 1,000,000 acres selected by the Company.    This area
contains about 100,000 acres of swamp which will necessarily be
excluded.   Discusses the survey and requests power to anticipate
it by marking out settlements if necessary.   • p. 96
McGillivray to Stanley.   Acknowledges letter of 25 October, October 26,
and  points   out   that   a   court   cannot   be   held  before   5   or   6 Canada House'
November. p. 103
McGillivray to Stanley.    States that Bosanquet's present address October 27,
is Rock, Alnwick. p. 104 Canada House-
McGillivray to  Huskisson.   Transmits  copy  of  a  resolution Novembers,
passed at a meeting on 5 November, condemning Gait for his conduct Canada House-
towards the Lieutenant-Governor of Upper Canada. p. 105
Enclosed:
(1) Resolution, 5 November, 1827. p. 108
(2) J. Hullett [Chairman] to Gait, Canada House, 5 November,
1827. Reproves him for his conduct towards the Lieutenant-
Governor of Upper Canada. p. HO
(3) Extract of a despatch from Gait, June 14, 1827. States that
the provincial government has allowed the Company to use three
acres of land at the opening of Burlington Bay. p. 116
McGillivray to Stanley. Acknowledges letter of 25 October, g^SS^Kiuao
and regrets that sanction cannot be given to the assistance accorded ana a
by Gait to the La Guayra settlers. Admits that Gait's conduct in
withholding £1,000 was irregular, and states that he has been directed
to pay it to the Receiver General. Submits that the case of the
emigrants is hard and requests that instructions be issued to the proper
authorities, that they may be disposed of. p. 117 November 6,
St. Helen's
Place.
PUBLIC ARCHIVES
Q. 371
McGillivray to Stanley. Requests early consideration of his
letters of 25 and 26 October, addressed to Huskisson. Trusts that
the proceedings of the directors have been satisfactory. p. 120
McGillivray to Huskisson. States that he will call on Tuesday,
accompanied by Easthope and Hullett. Bosanquet is in Northumberland and will not return until Christmas. P- 121
December 10,
Downing St.
Canada Company.
No. 1. Description of the tract to be selected, as marked
on map No. 1. P* 122
No. 2. Description of the tract to be selected as marked on
map No. 2. P- 127
Minute of arrangements made between Huskisson and the
Canada Company with respect to the 1,000,000 acres to be selected
by the Company. P- 133
McGillivray to Stanley. Maintains that the tract proposed
to be selected from map No. 2 contains 99,520 acres of swamp,  p. 131
McGillivray to Stanley. Expresses thanks for the communication which is returned and requests that the enclosed minute shall
not be submitted to Huskisson before 18 December. p. 132
Enclosed:
Minute respecting agreements with the Canada Company, p. 133
McGillivray to Stanley. Makes further observations with
regard to the swamp lands as mentioned in the minute respecting
the tract to be selected by the Canada Company. p. 139
McGillivray to Stanley, private. Transmits copy of the correspondence with Wilmot Horton, respecting the payment due to the
Receiver General on 1 July, 1827. Draws attention to Gait's statement as to the error which has been made by the Treasury, and
points out that the sum due on July 1 remains to be determined.
£7,500 is due on 20 December, and a further £7,500 will be due on
20 June, 1828.    [Enclosures not at this place.] p. 142
McGillivray to Stanley, private. Acknowledges letter of
20 December, and regrets that some suggestions respecting the
swamp lands have not met with approval. Makes further observations on this subject. p. 144
J. Galt
Gait [Superintendent of the Canada Company] to Wilmot
Horton, private. States that he has given a letter of introduction
to Wyndham, who is returning to England with a view to making
preparations to settle in Canada. Urges that Government encouragement should be given to people of rank, to induce them to settle in
Canada. States that he has appealed to the Lower Canada Assembly
to give a final decision on the Upper Canada proposal for the liquidation of claims.   Reports progress in this matter. p. 151 ■  *	
Q. 371 REPORT FOR THE YEAR 1943 (
Gait to Wilmot Horton, private.   Transmits copy of a letter       1827
respecting the proposal to make the Petite Nation River navigable, February is,
together with copy of a petition which is to be presented in the Quebec-
interest of the Presbyterian congregation of Lochiel.    Urges that
assistance should be governed by the willingness of the petitioners
to contribute, and by numbers. p. 154
Enclosed:
(1) W. Dunlop [Warden of the Canada Company's woods and
forests] to Gait, Quebec, 5 February, 1827. p. 156
(2) Petition. p. 159
Gait to Wilmot Horton.   Transmits papers and urges that aid ^Pril^
be given to emigrants. p. 162
Enclosed:
(1) Return of British subjects who have emigrated from the
United Kingdom to New York; also a return of those who emigrated
j   to His Majesty's possessions in North America, but who afterwards
;   removed into the State of New York, during the years 1824, 1825, and
1826. p. 164
(2) (a) Way-card for Canada Company settlers. p. 166
(b) Notice published by J. C. Buchanan  [British Consul
at New York], 5 April, 1827. p. 169
Gait   to   Wilmot   Horton,   private.   Acknowledges   letter   of June 2.
1  March,  and  defends  his  conduct  both towards  Sir  Peregrine Guelph-
Maitland, and in connection with the letters to the editor of the
Colonial Advocate. p. 167
J. Smith, Jr.    [Deputy Provincial Surveyor] to Wilmot Horton. June 14,
Transmits, by order of Gait, an extract from a report respecting York-
Company lands, in Northumberland.   The part underlined relates
to a point of land reserved for Wilmot Horton.    Discusses the
potentialities of this land, and requests a decision with respect to the
j   disposition of it. p. 172
Enclosed:
Extract, 12 June, 1827.
p. 174
Gait  to  Wilmot  Horton.    [See  enclosure  in  McGillivray to July*
Huskisson, 13 September, 1827, Q. 371, p. 68.]
p. 178 Beach.
Gait to Wilmot Horton.   Refers to his letter of 30 July, and ^j*™*21*
gives further information with respect to assistance given to the
La Guayra immigrants. p. 181
Gait to Wilmot Horton.    Refers to his letter of 21 August, September 22,
and gives further information with respect to the La Guayra immigrants. P-183
Gait to Wilmot Horton.   States that he has received a letter Novembers,
from McGillivray, containing Wilmot Horton's condemnation of the York-
steps taken in assisting the La Guayra immigrants.   Defends his
conduct. P. 184 62
PUBLIC ARCHIVES Q- 371
Gait to Wilmot Horton, private and confidential. Defends his
conduct and discusses the prospects of the Company. p. 187
Gait to Huskisson. Comments upon the complaint made with
respect to the tone of his correspondence with Maitland, and transmits
a copy of his letter to the Company on this subject. Requests to be
informed as to how he had deprived the Company of means of access
to the Government. P« 191
Enclosed:
Gait to the Canada Company, York, 24 December, 1827. Acknowledges despatch of 5 December, and demands that the resolution
contained therein should be rescinded. p. 193
Extracts from the correspondence between Gait and the provincial government, arranged by points, under letters A-E. [For these
letters see Q. 371, pp. 32-59.] p. 194
April 16,
Treasury
Chambers.
Treasury
J. C. Herries [Secretary to the Treasury] to Wilmot Horton.
Acknowledges letters of 23 and 31 March, and states that when the
Treasury shall have been informed as to the dates upon which payments are. to be made, and what sum is to be paid on each date, it
will be possible to give directions for the proper allowance to be made
in respect to exchange for sums paid in England, and to settle out- -
standing accounts. p. 221
R. Grant, Referee on the Part of the Company
Grant to R. Hay [Under Secretary],
refers to explanations given previously.
Enclosed:
Account.
Transmits his account and
p. 223
p. 224
Series Q. 371A
February 25,
Downing St.
DESPATCHES TO GOVERNORS, 1825-1827
With the exceptions calendared hereunder, the despatches in
this volume are to be found in the Calendar of Series G, Vols. 61-63,
and in the supplementary volume [Report of the Public Archives,
1935 and 1937].
Earl Bathurst [Secretary of State] to Major-General Sir Peregrine
Maitland [Lieutenant-Governor of Upper Canada]. Acknowledges
despatch of 8 October, and consents to the grant of two acres of land
to J. Small, adjoining the lot on which he resides. This is to be
given in fee simple, and in lieu of any further grant. p. 4
R. W. Horton [Under Secretary] to Maitland. Transmits copy
of a letter from A. Glen, praying for a grant of land, in virtue of his
naval service.    [Enclosure not at this place.] p. 7 Q. 371A
REPORT FOR THE YEAR 1943
Bathurst to Maitland.   Acknowledges despatch of 29 October,       1825
and discusses charges brought against N. B. Doucet, agent for the March 31,
Indians of Caughnawaga.   After careful consideration of all the Downinsst'
circumstances, Bathurst concludes that no sufficient grounds had
been given by the Indians, or by Sir John Johnson on their behalf,
to inculpate Doucet. p. 8
Bathurst to Maitland.   Acknowledges despatch of 17 February, April 27,
and directs that the question of the purchase of lots of land adjacent Downin«st-
to the works under construction at the citadel at Quebec, should be
referred to the Commission of Engineers, lately sent to Canada,   p. 31
Bathurst to Maitland.   Acknowledges despatch of 27 December, April 27, r
and states that application for arrears of the salary of the Inspector Downins-St-
General should be made to the Provincial Legislature. p. 33
Bathurst to Maitland.   Acknowledges despatch of 7 March, May 10,
and approves   of the appointment of James Macaulay as a member Dowmn«st-
of the Legislative Council. p. 34
Bathurst to Maitland. States that Maitland's representations juiy 22,
with respect to aliens in Upper Canada, came too late to admit of the Downin« st-
introduction of any measure, during the present session. Gives authority to propose to the Legislature of Upper Canada, a bill which
would confer the rights of British subjects upon citizens of the United
States heretofore settled in Canada, disbanded officers, soldiers of
! foreign corps in the British army, and other foreigners in Canada
I who have hitherto been regarded as British subjects. This bilr"
need not be reserved, unless Maitland should consider it expedient
to do so. Requests heads of enactments to govern future naturalization of emigrants. p. 43
Bathurst to Maitland.    Directs that the usual charge for passing July 22,
land patents should be paid from Crown revenues, in cases where Downin«st-
\ such patents are given to persons entitled to a free grant. p. 49
Bathurst to Maitland.    Requests a general report upon islands July 39,
in the lakes and rivers of Upper Canada, still vested in the Crown.   owmng
I This report should be made without an actual survey, and the expense
I should be met from Crown revenues. p. 56
Warrant for the appointment of L. P. Sherwood to be one of the October 5,
j judges of the Court of King's Bench, Upper Canada.
p. 67
Bathurst to Maitland.    States that George Coombs, a saddler,       1826
j living near Detroit, is anxious to obtain a grant of land near his January 2,
residence.    Recommends him to Maitland's consideration.        p. 78 Downing st.
Bathurst to Maitland.    Introduces Robert Thomas and Hugh gJ^J'st.
I Harding, who intend to settle in Upper Canada. p. 96
Bathurst to Maitland.    Transmits copy of a letter from the ApriU5, ^
Treasury,  respecting the  accounts  of the  Receiver  General,  and   owmng
I requests immediate attention to the instructions given therein.    The
required accounts should  be sent without delay.    [Enclosure not
at this place.    See Q. 342, p. 176.] p. 97 PUBLIC ARCHIVES
Q. 371A
Mayl,
Downing St.
May 4,
Downing St.
1827
No date.
Horton to Maitland. Introduces Henry Tims [?], architect and
builder, who intends to settle in Upper Canada. P- 100
Bathurst to Maitland. Transmits copy, of a letter from the
Treasury, stating that £1,500 will be paid from the military ches
to assist in the completion of the church at Kingston. This grant
is made in consideration of the space afforded for the accommodation
of the troops. [Enclosure not at this place. See Q. 342, p
179.] P. 102
Horton to Maitland. Introduces William Gapper, who intends
to take up land in Upper Canada. p. 103
Bathurst to Maitland. Acknowledges despatch of 24 March
and regrets that there is no fund from which it would be possible
to pay salaries to ministers of the Church of Scotland. p. 107
Bathurst to Maitland. Acknowledges despatch of 3 April
and regrets Maitland's inability to reach an agreement with the
Assembly, on the question of the revenue. Maintains the right
of the Crown with respect to Crown revenues. Trusts that it wil
not be necessary to draw upon the revenues raised under provincia
Acts for the relief of those who may suffer from the action of the
Legislature. Such an appropriation would not be on as goo<
grounds as is the application of the Crown revenues to this j
purpose. p. Ill
Bathurst to Maitland. Directs that in compliance with the
address of the Assembly of Upper Canada, the land bounty shoulc
not be withheld from those who attended the Convention of 1818
provided that such persons shall have expressed contrition fo
attendance there. p. 113
Draft of Royal Instructions for Letters Patent for incorporating
King's College. p. 15'
Order-in-CounciL disallowing provincial Acts Nos. 523 an<
524. p. 17
Order-in-Council disallowing provincial Act No. 526.        p. 17
Order-in-Council leaving to their operation 35 provincia
Acts p. 17
one of th
p. 201
Warrant for the appointment of J. W. Willis, to
judges of the Court of King's Bench.
July 6.
Horton to Maitland. Introduces William Gibbon, who intend
to settle in Upper Canada. Transmits Gibbon's petition. [En
closure not at this place.] p. 206
Warrant for the appointment of Peter Robinson to the Executiv
Council. p. 22
Warrant for the appointment of George Herchmer Markland to
the Executive Council. p# 23 Q. 371A
REPORT FOR THE YEAR 1943
Warrant for the appointment of James Macaulay to the Executive      1827
Council. p. 231 July 7.
Viscount Goderich [Secretary of State] to Maitland, No. 13. August 30,
States that Peter Robinson has been appointed Commissioner of Downij*st'
Crown Lands and Surveyor General of Woods in Upper Canada,
and transmits copies of his commissions and instructions. Requests
a report as to other or further instructions, but directs that no conflicting instructions are to be given without authorization from the
Colonial Department. The system of granting lands is to be
discontinued.    [Enclosures not at this place.] p. 237
Warrant for the appointment of Peter Robinson to the Legis- October 30.
lative Council. p. 246
Warrant for the appointment of Charles Jones to the Legislative October 30.
Council. p. 249
Warrant for the appointment of James Gordon to the Legislative October 30.
Council. p. 251
W. Huskisson [Secretary of State] to Maitland, No. 5.   Gives November 20,
instructions for the sale of certain portions of Clergy Reserves in DownmeSt.
accordance with the provisions of 7 and 8 Geo. IV, cap. 62.    States
that Peter Robinson has been nominated for this employment, but
that the appointment may be suspended should there be any reasonable objection.   Such objections should be reported forthwith, p. 258
Series Q. Vol. 372
CANADA COMPANY, 1828
Notice by the Canada Company as to sale of town and farm November 26,
lots at Guelph.   Published in The United Empire Loyalist, 1 Decern- GuelPh-
ber, 1827. p. 135
Order-in-Council, Upper Canada, 1825, respecting land grants. December 1.
Published in Upper Canada Gazette, 1 December, 1827. p. 130
Remarks of J. Stephen [Counsel for the Colonial Department] December 1.
upon a comparison of the contract proposed by the Canada Company,
with preceding contracts made with that Company. p. 153
Memorandum of Huskisson, with respect to the request of the December 10.
Canada Company for a licence of occupation. p. 12
Attached:
Extracts from a letter to Huskisson, 28 October, 1827.   [See
Q. 371, p. 96.] P- 13
S. McGillivray [Chairman of the Committee of Correspondence]       1828
to Hon. E. G. Stanley [Under Secretary].   Acknowledges letters, and [January 9,]
transmits copy of a letter addressed to J. W. Freshfield, respecting Canada House'
legal points which remain to be settled with J. Stephen.   States
that he will call. P- 1
86965—5 PUBLIC ARCHIVES
Enclosed:
McGillivray to Freshfield, 7 January, 1828.
Q. 372
p. 3
Report of Stephen as to a conference with Freshfield on the points
in dispute with the Canada Company. P- 158
McGillivray to R. W. Hay [Under Secretary]. Transmits copy
of his letter of 9 January, addressed to Stanley, and states that the
Company attaches great importance to an early completion of
the minute of agreement. P- 5"
Memorandum of points which remain for Huskisson's consideration with respect to the instructions to the Attorney General, and
as to the possibility of a new act. p. 11
Hon. E. G. Stanley [former Under Secretary] to Hay. Gives
his recollections as to the draft of the arrangements with the Canada
Company, returns the draft with such notes as he has been able to
make, and offers to act as witness at the meeting next day. [Enclosure not at this place.] p. 137
Hay to Stanley. Transmits an extract from a paper by
McGillivray respecting the request that the Company should be
given a licence of occupation, and states that the views expressed
therein exceed those which he believes were taken by the Colonial
Department. Requests information on this point. Draws attention
to some claims made in this regard. p. 145
Enclosed:
Extract.
147
February 6,
The Oaks,
Epsom.
Stanley to Hay. Gives further recollections on the negotiations
with the Canada Company, and his opinion on the question of a
licence of occupation and as to the tone adopted by
McGilHvray. p. 139
Memorandum as to papers submitted for the decision of the
Secretary of State, with respect to the negotiations with the Canada
Company. p. 144
Report of Stephen on the request of the Company to be granted
a licence of occupation. p. 163
Hay to McGillivray. Gives the reasons which have induced
Huskisson to refuse a grant of a licence of occupation for the lands
comprised in the Company's contract. p. 7
McGillivray to Hay. Acknowledges letter of 13 February,
and expresses regret at the decision contained therein. Refers to
previous correspondence to show that the Company had good
authority to believe that their request would be granted. Shows
that considerable hardship will be sustained by the Company.
Transmits prospectus. Requests an interview for a deputation,
in order that outstanding points may be settled. p. 16 -
Q. 372
REPORT FOR THE YEAR 1943
Enclosed: 1828
(1) Prospectus of Lands in Upper Canada to be disposed of by
the Canada Company, London, 1 February, 1828. p. 38
(2) Proclamation of the charter of the Canada Company, York,
28 December, 1826, and regulations for granting land. p. 61
Further report of Stephen on the question of the grant of a licence February 27.
of occupation to the Canada Company. p. 167
Report of Stephen as to the proposed arrangement with the March 1.
Canada Company. p. 174
McGillivray to Huskisson.   Expresses the views of the Company March 13,
with respect to Clauses 21-24, of the agreement dated 26 November, Canada HoU8e'
1824, and suggests stipulations under which a licence of occupation
might be granted. p. 64
McGillivray to  Hay.    Transmits the  revised  minute  of the March 13,
agreement, together with a letter addressed to Huskisson.    Points Canada House-
out that he has transposed Clauses 5 and 6, and that he has left
certain blanks to be filled in.    States that a meeting will be summoned
as soon as a reply shall have been received.    [Enclosures not at
this place.    See 28 March.] p. 69
McGillivray to Hay.
apany,   adopting   the
interview for the purpose of interchanging minutes.
Transmits a resolution of the Canada Marc520A
Company,   adopting   the   minute    of   agreement.    Requests    an
p. 71
Enclosed:
Minute, 20 March, 1828.
Minute of Agreement.
p. 72
p. 74 March 28,
Downing St.
McGillivray to Stephen.   Transmits map and description of ^p"1,1- h
the Huron Tract, together with a memorandum of certain points.
Requests that these points should be embodied in the letter to be
sent to Sir Peregrine Maitland.    Hopes to be able to transmit the
draft bill by Thursday. p. 88
Enclosed:
(1) Memorandum respecting the recent agreement. p. 91
(2) Description of the Huron Tract.    [Map removed to Map
Division.] p. 94
McGillivray to Huskisson.    Transmits draft of a bill to amend ^£,JJ'H
6 George IV, cap. 75 [Canada Company Bill] in accordance with the   ana a
agreement recently made.    Gives the substance thereof.    States that
Easthope  and  he  have  been  deputized to give any explanations
required. p. 97
Enclosed:
(1) Memoranda, etc.
(2) Draft Bill.
86965—5*
p. 108
p. 114 68 PUBLIC ARCHIVES Q- 372
1828 Hay to McGillivray.   Acknowledges letter of 19 April, and states
April 23, that a bill will be submitted to Parliament, for giving effect to Clauses
Dowmng st.     j^ 7j and g propose(i therein, but that the other clauses cannot be
sanctioned. P* H2
Canada House ^' Easthope to Huskisson.   Transmits a memorandum of clauses
suggested on behalf of the Company, with a few observations thereon.
Trusts that they will be consented to. P- 128
Treasury
Februarys, w. Hill [Secretary to the Treasury] to Hay.    Transmits corre-
chambers.       spondence on the subject of payments due from the Canada Company,
and requests to be informed as to the truth of Gait's statement, p. 175
Enclosed:
J. H. Dunn [Receiver General of Upper Canada] to Hill, York,
10 December, 1827. Acknowledges letter of 31 August, and states
that application was made to Gait, respecting payments due to the
Canada Company. Transmits resulting correspondence and draws
attention to Gait's objection to the second instalment as stated in
Hill's letter of July, 1827. States that he has written to the
Commissary General, with respect to a bill for £1,845. p. 176
Sub-enclosures:
(i) Dunn to Gait, York, 17 November, 1827. States that he ,
has been instructed by the Treasury to call on the Canada Company
for the balance of £20,000 due to the Government on 1 July, 1826.
The amount advanced is stated at £12,365. 13. and a premium is
to be allowed on £7,542. 10. of this sum, if bills have been purchased
in Canada. Encloses statement of transactions. Declares that
he has been instructed to collect all future sums when due.     p. 180
Enclosed in sub-enclosure:
Statement, 17 November, 1827. p. 182
(ii) Gait to Dunn, Burlington Beach, 21 November, 1827.
Acknowledges letter of 17 November, and states that the Treasury
appears to be under a misconception with regard to the sum owing.
The balance due is the residue of the instalment due 1 July, 1827,
while the second instalment is due on 1 July, 1828. p. 178
Series Q. 372A
DESPATCHES TO GOVERNORS, 1828-1829
With the exceptions calendared hereunder, the despatches in
this volume are to be found in the Calendar of Series G, Vols. 64-65,
and in the supplementary volume [Report of the Public Archives,
1935 and 1937].
DolK'st. R- W- Ha,y [Under Secretary] to Maitland.   Transmits copy
of a letter from H. Jones, requesting a grant of land, as purser on
half pay, and requests favourable consideration thereof. Any
extension of his grant beyond that allowed by the regulations, must
be paid for.    [Enclosure not at this place.] p. 15 Q. 372A
REPORT FOR THE YEAR 1943
69
Huskisson to Maitland, No. 21.   Acknowledges despatch of       1828
28 January, and gives authority for making endowments of 200 acres April 25,
of land to each of the Roman Catholic and the Scottish Presbyterian DowningSt-
churches founded  by the  Canada  Company at  Guelph  and at
Eramosa. p. 16
.Huskisson to Maitland, No. 23.   Transmits copy of a letter May5,
respecting the losses sustained by the Count de Puisaye, in the War of Downing st-
1812.   Requests a report thereon.    [Enclosure not at this place.] p. 18
Hay  to   Maitland.   Transmits   the   life   certificate   of   Mrs. June 26,
Campbell, together with a receipt for the pension  due to her, and Downin«st-
requests a bill of exchange for the amount [£250]. p. 36
Sir George Murray [Secretary of State] to Maitland, No. 3. July 2,
Transmits a seal which has been prepared for Upper Canada, together Dowmng *•
with the necessary warrant. p. 37
Enclosed:
Warrant, 30 January, 1828.
p. 5
Murray to Maitland.   Transmits copy of the Report of the My 31,
Select Committee of the House of Commons on the Civil Government of Dowmng h
Canada, and requests to be informed as to the truth of the statement
that the disputes between the Assembly and the Government have
led to an abrupt termination of the session. p. 45
Hay to Major-General Sir John Colborne.  Transmits Colborne's August 30,
commission as Lieut.-Governor of Upper Canada. p. 50 DowmngSt-
Enclosed:
Commission, 23 August, 1828.
p. 47
Hay  to   Colborne.   Directs  that,   notwithstanding  the  land Septembers,
regulations, a grant of 5,000 acres should be made to Charles Hayes,   owmns
in view of service which he has done in establishing the Marmora Iron
Works.   Should   Hayes   make  substantial  improvements  to  this
grant, a further 5,000 acres may be allotted to him. p. 51
Warrant for the appointment of J. B. Robinson, to be Chief       1829
Justice. p. 87 April 25.
Warrant for the appointment of J. B. Macaulay, to be one of April 25.
the judges of the Court of King's Bench. p. 89
Warrant for the appointment of H. J. Boulton, to be Attorney April 25.
General. p. 91
Warrant for the appointment of C. A. Hagerman, to be Solicitor April 25.
General. p. 93
Hay to Colborne.   Directs that a grant of land proportionate May 1?,
to his rank, should be given to C. Moe, Lieutenan   in the navy on   owmng   *
half pay. p. 102 PUBLIC ARCHIVES
Q. 372A
1829
October 10.
November 30,
Downing St.
December 10,
Downing St.
December 25,
Downing St.
Mandamus for summoning J. B. Robinson to the Legislative
Council. P- 143
Murray to Colborne. Acknowledges despatch of 18 September,
and expresses his regret that C. Hagerman has suffered loss and
disappointment due to the arrangements made in consequence of the
retirement of the Chief Justice and the removal of W. Willis. States
that these arrangements were justified. At another opportunity,
Hagerman's claims will be considered. p. 156
Hay to Colborne. Transmits the death certificate of Mrs.
Campbell. Arrears of pension are to be paid to the date of her death,
28 June, 1829. P- 159
Murray to Colborne [No. 53]. Acknowledges despatch No. 35,
of 22 September, and transmits copies of letters from the Treasury
and the Commissioners of the Navy, stating that Commodore Barrie
has been authorized to enter into an agreement for the growth of
10 tons of hemp. It will not be expedient to make other arrangements
until the success of this experiment shall be known. [Enclosures not
at this place.    See Q. 353, pt. 1, p. 14.] p. 163
Series Q. 373
CANADA COMPANY, 1829-1831
C. Bosanquet [Governor] to R. W. Hay [Under Secretary].
Reviews the circumstances under which the Company has requested
a reconsideration of its contract. Reports that in hope of such a
reconsideration, shares have been issued which will enable payment
to be made when due, but that the directors are not empowered to
pay the instalment due in December next without an assurance with
respect to the contract. Makes proposals for a new adjustment and
requests an early consideration thereof. p. 1
J. Gait [Superintendent of the Canada Company] to Sir George
Murray [Secretary of State]. Requests an interview on affairs of
the Company. p. 160
N. S. Price [Secretary] to Hay. Acknowledges letter of JB
October, addressed to Bosanquet and transmits a resolution calling
for a general court of proprietors to discuss measures to be adopted
with reference to this letter. p. 18
Enclosed:
Resolution, October 12. p. 20
Price to Hay. States that the proprietors have considered
Hay's letter of 10 October, and expresses their understanding of the
situation in which both the Government and the Company is placed.
Under all the circumstances, the payment will be made, but proposes
that the time should be extended so that only half of eachmstalment
will be paid when due. Some such modification is necessary or the
charter will have to be relinquished. p. 21 Q. 373
REPORT FOR THE YEAR 1943
71
Price to Hay.   Requests an interview for a deputation, with a       1829
view to obtaining an answer to the letter of 29 October. p. 28 November 21,
Canada House.
H. Goulburn [Chancellor of the Exchequer] to Hay, private. November 24,
Gives his views with respect to the proposal to modify the terms stowHa11-
of the agreement with the Canada Company. p. 223
J. Easthope to Hay, private.    Calls attention to points submitted November 2a,
at the interview, with respect to the modification of future pay- 89 Lothbury-
ments.
p. 29
Price to Hay.    Transmits abstract of the grant of 89,631 acres, November 28,
and a letter from the Company's solicitor,  with respect to objection- Canada House-
able clauses contained therein.   Requests that instructions be issued
to the Lieutenant-Governor that such clauses be omitted in future
contracts. p. 32
Enclosed:
(1) Abstract of grant, York, 17 July, 1829.
(2) Extract of letter, 12 November, 1829.
p. 33
p. 41
Price to Hay.    Acknowledges letter of 2 December and reiterates December 12,
the expectation of the Company that the contract will be modified. Canada HoU89-
Makes propositions respecting the settlement duties and requests
that a decision be given thereon, prior to the meeting scheduled for
7 January. p. 42
Gait to Hay.  Explains the grounds upon which he had requested December 14,
a grant of land in remuneration for his services. p. 161 23 Dowlung st-
Price  to   Hay.   Acknowledges  letter   of  22   December,   and December 26,
expresses thanks for the decision that all future payments should Canada House-
cease and that the Company should receive a grant of all land which
has been paid for.    Requests however that the Company should be
allowed a three year option on the present contract. p. 46
Hay to Goulburn. Transmits a letter from the Canada Com- 1830
pany, and requests immediate attention thereto. [Enclosure not January 2,
at this place.    See Q. 373, p. 46.] p. 228 QueenSt-
Goulburn to Hay, private.    Expresses his views as to the request January 4,
of the Canada Company to be allowed a three year option on their Betchworth.
present contract. , P- 226
Price to Hay.   Transmits a resolution of a general court of g™jgy |j
proprietors  for  a two weeks adjournment in order to study the
question. P- 49
Enclosed:
Resolution, 7 January, 1830.
p. 50
J. Stewart [Secretary to the Treasury] to Hay. Transmits copy January 9.
of a memorial from Gait, praying for remuneration for his services. g^bL.
Requests Murray's opinion thereon. p. 229 PUBLIC ARCHIVES
Enclosed:
Memorial of Gait, 23 Downing St., 26 December, 1829.   p. 230
Sub-enclosures:
(i) Hay to Gait, Downing St., 5 June, 1829. Gives the grounds
which have induced Sir George Murray to refuse the application
made by Gait, for remuneration for his services. p. 234
(ii) Gait to Hay, 23 Downing St., 14 December, 1829. [Not
transcribed.    See Q. 373, p. 161.] p. 236
(iii) Hay to Gait, Downing St., 17 December, 1829. Acknowledges letter of 14 December, and states that Murray can see no
reason for departing from the decision given on 5 June, 1829.    p. 237
(iv) Statement of the sum to which Gait feels himself
entitled. p. 238
Price to Hay. Transmits resolution expressing confidence in
the directors. p. 51
Enclosed:
Resolution, 21 January, 1830. p. 52
February 19, Price to Hay.   Transmits copy of the new prospectus of the
C'O.nacia House*    /~* •%     j~+ ■*«%
Canada Company. p. 53
Q. 373
Enclosed:
Prospectus.
p. 55
Canada^use Price to Lord Howick.   Transmits papers dealing with the
ouse. gjjjpiQyujLgjrt 0f emigrants in Canada.   Draws attention to the road
which is to be built through the Huron Tract. p. 66
Enclosed
(1) Extract of a letter from W. Allen to T. M.- Jones, York,
15 September, 1830. p. 69
(2) Letters from emigrants in Upper Canada to their relations
in Great Britain containing important information for the guidance
of emigrants: p. 70
(a) R. Beilly to John Beilly, York, 9 November, 1830.     p. 70
(b) J. Mayes to Mrs. Mary Mayes, Guelph, 7 December,
1830. p. 83
Report of the Court of Directors.
.86
June 16,
Bryanstone
Square.
Order of the House of Commons for returns respecting the
Canada Company: (1) of sums paid and payable under existing
contracts; (2) of the disposal of such sums; (3) of the sum which
would have been paid for the Clergy Reserves; (4) of all other sales
of Clergy Reserves; (5) of all grants to educational institutions in
Upper Canada. p. 262
J. Hume, M.P., to Hay. States the object of the request for
the third return of reserved lands. p. 261 Q. 373
REPORT FOR THE YEAR 1943
73
Report of J. Finlaison [Actuary of the National Debt] with       1830
respect to the sums due from the Canada Company. p. 243 NE&Debt
Office.
Stewart to Hay. Transmits copy of a letter from Gait and December io,
requests the opinion of Goderich thereon. p, 239 cwbTra.
Enclosed:
Gait to the Treasury, 29 Half Moon St., 5 December, 1830.
Makes a further appeal for remuneration. p. 240
Order of the House of Commons for returns respecting the December 23.
Canada Company. p. 265
1831
Gait to Viscount Goderich. Transmits his case, which has been February 15,
prepared and printed for Parliament, together with other docu- |t.Half °°n
ments. p. 165
Enclosed:
Case of John Gait, petitioning for remuneration from His
Majesty's Government, for selling certain Crown lands in Upper
Canada. p. 166
[Note.]   The following is the list of documents quoted therein:
Case of John Galt:—
(1) Petition to Parliament, 1 January, 1831. p. 166
(2) Gait to the Chancellor of the Exchequer, Eskgrove House,
16 December, 1823. p. 169
(3) Gait to Wilmot Horton, Eskgrove House, 16 December,
1823. p. 170
(4) Wilmot   Horton   to   Gait,   Downing   St.,   6   February,
1824. p. 171
(5) Gait to Wilmot Horton, 18 Downing St., 16 February,
1824. p. 172
(6) Gait to Bathurst, 18 Downing St., 17 February, 1824.  p. 173
(7) Gait to Bathurst, 18 Downing St., 21 February, 1824.  p. 174
(8) Messrs. Hullett Brothers & Co. to Gait, Leadenhall St.,
31 March, 1824. p. 175
(9) Gait to Bathurst, 18 Downing St., 28 June, 1824.       p. 180
(10) Hon. Thomas Clarke [Legislative Council, U.C.] to Gait,
St. Paul's Hotel, London, 9 February, 1831.
Appendix A.
Wilmot Horton to Gait, Downing St., 6 July, 1824.
Appendix B.
Gait to Secretary of State, 8 July, 1824.
Appendix C.
Gait to Secretary of State, 12 July, 1824.
Appendix D.
Gait to Secretary of State, 17 July, 1824.
86965-$
p. 188
p. 190
p. 196
p. 214
p. 216 PUBLIC ARCHIVES
Q. 373
1831 Gait to Goderich, private.   Calls attention to the proofs of his
March 14,        case, which were sent on 15 February.   States that he knows that-
Atheneum. he h&g nQ ^^ ^ jftW ^ remuneration. P- 217
B^couage, **alt to Goderich, private.   Transmits a paper, and continues
oidBrompton.  to urge his case for remuneration. P^ 218
Enclosed:
Return to the House of Commons, respecting the Canada
Company, 24 February, 1831, ordered to be printed 10 March,
1831. P. 221
April 7. Report of the Court of Directors.   This report includes a prospec
tus as well as reports on the climate soil and productions and means
of employment in Upper Canada. p. 110
April 14, Wilmot Horton to Hay.   States that he has studied the case
17 Hereford st. pregen^eci   ^y   Gait,   praying  for  remuneration   for   his   services.
Examines the statements made therein and replies to them.   p. 245
Series Q. Vol. 373A
DESPATCHES TO GOVERNORS, 1830-1831
February 1,
Downing St.
July 6,
Downing St.
With the exceptions calendared hereunder, the despatches in
this volume are to be found in the Calendar of Series G, Vols. 66-68
and in the supplementary volume [Report of the Public Archives,
1935 and 1937].
Murray to Colborne, No. 55. States that orders have been given
to receive M. Mason, horse thief, on board the convict hulk at
Bermuda. p. 5
Hay to Colborne. [Note.] Major-General David Walker to
have a grant of land. p. 41
August 30. Mandamus for summoning the Bishop of Quebec to the Legisla
tive Council of Upper Canada. p. 47
September 13. Warrant for the appointment of Joseph Wells to the Executive
Council. p. 51
September 20. [Note.]   John Elmsley to be of the Executive Council.     p. 52
September^, Hay to Colborne.   Authorizes a grant of land not exceeding
Dowmng st.     jqq acreg to j^ MoriSOn, 0f Vaughan, in view of the promise given
to him in 1821, and provided that he has done nothing to render
himself unworthy of it. p. 56
October 25. Commission of Major-General Sir John Colborne as Lieutenant-
Governor of Upper Canada. p. 58
February 19 Hay to Colborne-   [Note.]   Major D. Campbell to have a grant
Downing st.'     of land proportionate to his rank. p. 107 Q. 373A
REPORT FOR THE YEAR 1943
Hay to Colborne.   Transmits a list of persons who are emigrating       1831
to Upper Canada from Lesmahagow,   under the leadership of James April 23,
Ludhope.   Directs that 50 acres be given to each single man, or Downing st-
head of a family.    Ludhope is to receive 100 acres.    [Enclosure not
at this place.] p. 117
Hay to Colborne.   Directs that the names of George, Walter, May 5,
and James Ludhope, Archibald and Thomas Walker, are to be added Downing st-
to the list of emigrants from Lesmahagow.    George Ludhope is to
receive 50 acres of land, and 25 acres is to be given to each of the
others.
121
Introduces June 6,
p. 135 DowningSt-
Hay to Colborne.    [Note.]    Colonel Light and Captain Edmund May 7,
Powell to have grants of land proportionate to their rank.       p. 122 Downinsst-
Viscount Goderich [Secretary of State] to Colborne.
Colonel Light, who intends to settle in Upper Canada.
Goderich to Colborne.    [No.  34.]   Acknowledges despatch of July 26,
27 April, and regrets that it is not possible to recommend a departure Downing st-
from the arrangement made in  1823,  respecting losses sustained
during the War of 1812. p. 146
Goderich to Colborne.    [Circular.]    Introduces J. J. Audubon, July 31,
who is making a study of North American ornithology, and who has Dowmng st-
partly offered his services to the Zoological Society during his tour
of British North America. p. 148
Hay  to   Colborne.    Transmits  copies  of  letters  from  James September 1,
Crooks, respecting his claim for half pay as major of the incorporated   ownmg *•
militia, during the War of 1812.    Refers to previous correspondence
on this subject and requests a report thereon.    [Enclosures not at
this place.    See Q. 358, pt. 1, p. 269.] p. 160
Hay to Colborne. Introduces W. Haycock, who intends to September 7,
settle in Upper Canada. Haycock has been informed that he must Dowmngst-
purchase land. p. 164
Hay to Colborne. Directs that L. Macpherson is to be given October is,
land in accordance with the allowance made to lieutenants by the Dowmngst-
General Order of 10 August, 1831. p. 179
Goderich to Colborne, [No. 51]. Acknowledges despatch No. 36, gJJJg;8^
of 5 September, and states that the suggestions respecting emigrants ownmg
have been referred to the commissioners of emigration. Points out
that Colborne has exceeded his instructions by ordering the issue of
provisions to emigrants. Discusses the limits to which public
assistance may be given to emigrants. Requests a report as to the
sum which has been spent and as to the funds available for
emigrants. p. 187
Goderich to Colborne. Refers to his despatch No. 53, of g^g*^2-
2 November, and stresses the determination to secure the surrender
of the charter for King's College. Directs Colborne to convey this
determination to the members of the corporation, and to express
the regret with which strong measures would be entered upon to
attain this end. P- 207
86965—6£  SERIES Q
UPPER CANADA
[Continuation of the calendae ending with volume 395
in the Report for 1901.]
Series Q. Vol. 396, pt. 1
LIEUT.-GOVERNOR SIR FRANCIS BOND HEAD, 1837
1837
Head to  Glenelg,  private.    Reports  progress  of the session. January 13,
States unofficially that he has added W. H. Draper to the Executive       t0"
Council, pending elevation to another post.    Declares that democracy
does not now exist in Upper Canada.    Promises to forward Dr. C.
Duncombe's petition and accusations so soon as the report of the
Committee of Assembly shall have been made thereon. p. 3
[Note.]    Correspondence with Capt. Macaulay on the subject January 13.
of the  office of Surveyor General.    [Correspondence not  at this
place.] p. 10
Head to Glenelg, No. 104 [1].    Reports the rout of republican January 13,
candidates in the municipal elections at Toronto.    [For the numbering   oront0'
of this despatch see Q. 396, pt. 1, p. 103.] p. 6
Head to J. Stephen [Under Secretary].    Expresses satisfaction January 14,
at the result of the municipal elections at Toronto.
p. 11
Head to Glenelg, No. 105 [2]. Transmits a letter respecting i^^20'
payment of the crew of the Lieutenant-Governor's boat. Requests
that the Lieutenant-Governor may be permitted the use of his own
boat, in order that he may board the steam boat from the government
wharf. [For the numbering of this despatch see Q. 396, pt. 1,
p. 103.] p. 12
Enclosed:
Colonel W. Rowan [Military Secretary] to Capt. F. Halkett,
A.D.C., Quebec, 27 October, 1836. p. 14
Attached:
Memorandum of Capt. F. Halkett respecting this charge,   p. 15
Head to Glenelg-, No. 106 [3].    Transmits a petition from the t3^^20'
Presbyterian congregation of West Gwillimbury, protesting against
the erection of 57 rectories, by Sir John Colborne, former Lieut.-
Governor of Upper Canada.    [For the numbering of this despatch
see Q. 396, pt. 1, p. 103.] p. 16
Enclosed:
Petition.
p. 17 Head to Glenelg, No. 6A.
p. 640.]
PUBLIC ARCHIVES Q- 396, pt. 1
[Glenelg] to Head. [Draft.] Acknowledges despatches Nos.
102 and 109, of 17 and 23 December, 1836, and No. 106 of 20 January,
1837, with petitions from the Presbyterians of Toronto and West
Gwillimbury. Discusses the question of erection of rectories, and
gives directions for an enquiry, the result of which is to be communicated to him. P- 22
Head to Glenelg, No. 107 [4]. Acknowledges despatches Nos.
104, separate, and No. 105, of 20, and 31 October, 1836. [For the
numbering of this despatch see Q. 396, pt. 1, p. 103.] p. 31
Head to Stephen, private. Transmits a couple of copies of
the committee's report upon Dr. C. Duncombe's allegations against
him which is to be presented to the Assembly on this day. The
Appendix has not been printed as yet. The whole will be sent with a
despatch thereon. P- 32
Enclosed:
Report, 23 January, 1837, upholds the conduct of the Lieutenant-
Governor, p. 33
[Not transcribed.    See Q. 396, pt. 4,
Enclosed:
(la) Travelling expenses  of the Lieutenant-Governor  on his
western  tour  of  inspection,   as  paid by  his civil secretary,   who
accompanied him. p. 105
(lb) Travelling expenses of the Lieutenant-Governor on his
eastern tour of inspection, as paid by E. MacMahon, Esq., who
accompanied him. p. 107
(lc) Account of the travelling expenses of the Lieutenant-
Governor from Toronto to Manitoulin Islands, as paid by his aide-decamp, who accompanied him. p. 110
(Id) Receipted account of the Assistant Commissary General,
29 September, 1836. p. Ill
(le) Account of W. Webber, 27 September, 1836, for conveyance
supplied. p. H4
(2) Receipted account of the Assistant Commissary General,
29 September, 1836, for account of W. Webber.. p. 115
(3) Statement of sums paid by C. Lynes, Assistant Commissary
Clerk at Penetanguishene, for articles provided, 2 August, 1836, on
the order of the Lieutenant-Governor.
117
J. Joseph [Civil Secretary] to T. W. C. Murdock [Clerk]. States
that despatches have been inadvertently numbered in continuation
of those sent in 1836, and requests that the following changes be
made: No. 104 of 13 January, to be No. 1; No. 105 of 20 January, to
be No. 2; No. 106 of 20 January, to be No. 3; and No. 107 of
20 January, to be No. 4. p. 103 Q. 396, pt. 1
REPORT FOR THE YEAR 1943
79
Head to Glenelg, No. 6B.    Refers to his despatch of 27 July,       1837
1836, and requests confirmation of the appointment of R. B. Sullivan, February 4,
as Commissioner of Crown Lands and for the sale of the Clergy Toronto-
Reserves, which was announced therein. p. 118
Head to Glenelg,
p. 641A.]
No. 7.    [Not transcribed.
Q.  396,  pt.  4, February 4,
' Toronto.
Head to Glenelg, private.    Presses for payment of his travelling February 4,
expenses. p. 120 Toronto-
Head to Glenelg, No. 8.   Acknowledges despatch No. 87, and Februarys,
states that R. B. Sullivan, Augustus Baldwin, and William Allan       to"
have paid the fees for their warrants as Executive  Councillors.
Transmits the memorial of J. Elmsley giving reasons for withholding
this payment. p. 124
Enclosed:
Elmsley   to   [Head],   Toronto,
memorial.
9   January,   1837.    Transmits
p. 126
Sub-enclosure:
Memorial, Toronto, 9 January, 1837.
p. 127
Unsigned to A. Y. Spearman [Assistant Secretary of the Trea- No date.
sury]. [Draft.] Transmits copy of Head's despatch No. 8, of
5 February, with its enclosures, and states that Glenelg is of opinion
that Elmsley should not be asked to pay the customary fees.
Requests that the chief clerk of the Colonial Department should be
re-imbursed for the sum paid on Elmsley's behalf. p. 125
Head to Glenelg, No. 9.    Transmits a correspondence between Februarys,
R.  I.  Routh  [Commissary  General]  and J.  Givens  [Chief Super-   oront0'
intendent] with respect to the Indian Department.    Complains of
Routh's conduct in disposing of surplus  presents and of the rate at
which they have been   charged against the  Indian  Department.
[Enclosures not at this place.    See Q. 396, pt. 4, p. 656.] p. 130
Head to Glenelg, No. 10.    Transmits copy of an address from Februarys,
the Assembly, together with his reply thereto. p. 136
Enclosed:
(1) Address, 6 January, 1837. Requests information a,s to
whether it will be possible to assent to any bank bill, in view of
Glenelg's despatch of 31 August, 1836. p. 137
(2) Reply. States that in view of Glenelg's despatch, no bank
bill will be assented to until instructions have been received on the
point contained in the address. p. 138
Head to Glenelg, No. 11.    States that W. H. Draper has been Februarys,
added to the Executive Council. P- 139
Head to Glenelg, No. 12.   States that he has postponed proroga- gj™^5-
tion until 28 February. P- 140 PUBLIC ARCHIVES
Q. 396, pt. 1
February 26,
Downing St.
Head to Glenelg, No. 13. [Not transcribed. See Q. 396, pt. 4,
p. 646A.] p. 141
Head to Glenelg, private. Refers to his despatch No. 13, of
6 February, 1837, setting forth the reasons which have induced him
to suspend the orders for restoring G. Ridout to the office from which
he had been removed. Offers to resign with the baronetcy which
he had been promised, or to remain if he can be given implicit'
confidence and adequate support. p. 143
Head to Glenelg, No. 14. Transmits the memorial of Hamnett
Pinhey, addressed to the Treasury, praying for permission to import
white cedar from his lands on the Ottawa River to repair the park
paling of his estate at Merton, in Surrey, which was once the property
of Nelson, on payment of the duty imposed on white pine.       p. 146
Enclosed:
Memorial, 20 October, 1836, with recommendations by Colborne
and Head. p. 147
Head to Glenelg, No. 15. Acknowledges circular despatch of
2 November, 1836, and despatches Nos. 106, 108 to 116, of dates
4, 10, 11, 20, 29 November, and 8 December, 1837. p. 150
Head to Glenelg, No. 16. Transmits an address from the
Assembly, praying that copies of the British parliamentary journals,
and of acts of parliament may be transmitted for the use of the Upper
Canada Legislature. p 151
Enclosed:
Address, no date.
p. 152
Head to Glenelg, No. 17. Transmits a petition from the ladies
of Hamilton, praying for assistance in the completion of the Episcopal
Church at that place. p. 153
Enclosed:
Rev. J. Gamble Geddes to J. Joseph [Civil Secretary], Hamilton,
3 February, 1837.    Transmits petition. p. 154
Sub-enclosure:
Petition, Hamilton, 1 February, 1837.
p. 155
Glenelg to Head, No. 149. Acknowledges despatch of
13 January, and expresses statisfaction at the result of the municipal
elections at Toronto. p. 9
Head to Glenelg, No. 18. Acknowledges despatch No. 90, of
25 August, and transmits returns and information on points connected
with the granting of land in Upper Canada. p. 158
Enclosed:
Orders-in-Council and Returns respecting the sale of Lands in
Upper Canada. p. 159 Q. 396, pt. 1
REPORT FOR THE YEAR 1943
Appendix: 1837
No. 1. Report of the Select Committee of Assembly, with
respect to Regulations of the Land Granting Division, 4 March, 1834.
[For other enclosures see Q. 396, pts. 2 and 3.] p. 318
Glenelg to Head, No. 155.    [Printed.]   Acknowledges despatch March 27,
No. 6B, of 4 February, and refers to despatch No. 135, of 28 January, DowningSt-
which explains the grounds for delay in confirming the appointment
of R. B. Sullivan as Commissioner of Crown Lands, and the terms
upon which alone this appointment can be confirmed. p. 119
Glenelg to  Head,   No.   158.    [Not  transcribed.   See  Q.  396, Aprils,
pt. 4, p. 659.] Dowmng St.
Glenelg to  Head,  No.   160.    [Not transcribed.    See  Q.  596  April 17,
pt.  4,  p.   662A.] * DowningSt.
Series Q. Vol. 396, pt. 2
LIEUT.-GOVERNOR SIR FRANCIS BOND HEAD, 1837
Continuation of enclosures in Head to Glenelg, No. 18. [See
Q. 396, pt. 1, p. 158.]
No. 2. Return of the Secretary and Registrar. Return of Patents
of Land granted between 1 April and 1 August, 1836. p. 338
No. 3. Return of the Surveyor General. Abstract of Description
for Patents issued between 1 April and 1 August, 1836. [Continued
in Q. 396, pt. 3.] p. 383
Series Q. Vol. 396, pt. 3
LIEUT.-GOVERNOR SIR FRANCIS BOND HEAD, 1837
Continuation of enclosure No. 3, in Head to Glenelg, No. 18.
[See Q. 396, pt. 1, p. 158.] p. 384
No. 4. Return of the Commission of Crown Lands. Statement
showing certificates issued between 1 April and 1 August, 1836.   p. 420
Series Q. Vol. 396, pt. 4
LIEUT.-GOVERNOR SIR FRANCIS BOND HEAD, 1837
Continuation of enclosures in Head to Glenelg, No. 18. [See
Q. 396, pt. 1, p. 158.]
No. 4. Explanation of Return of Certificates, R. B. Sullivan,
Commissioner for Crown Lands, Toronto, 3 March, 1837.       p. 422
Instructions from the Treasury to Peter Robinson, Commissioner
for the sale and management of Crown Lands in Upper Canada,
18 July, 1827. P- 425 82
PUBLIC ARCHIVES
Q. 396, pt. 4
1837 Resolution  of  Assembly  for  an  address  to  the  Lieutenant-
January 30. Governor, praying that the report and appendix on the petition of
Dr. Charles Duncombe should be transmitted to the Secretary
of State, and laid before both Houses of Parliament.    [Printed.] p. 646
February 4, Head to  Glenelg,  No.  6A.    [Printed.]   Sets forth the heavy
Toronto. travelling expenses which he has been obliged to meet and requests
that these  should be  paid.    [Enclosures not  at this  place.    See
Q. 396, pt. 1, p. 105.] p. 640
February 4, Head to Glenelg, No. 7.    [Printed.]    Acknowledges despatches
Toronto. Nog Q^ Q^ Q^ and 1Q^ and giyeg & detailed refutation of the charges
brought against him by Dr. Charles Duncombe, with respect to his
conduct during the recent elections. p. 641A
February 6, Head to Glenelg, No.  13.    [Printed.]    Acknowledges despatch
No. 113. Enters into detail as to the conduct of G. Ridout, and
claims that he could not face the inevitable consequences of reinstating
him in his offices.   Asks for reconsideration of the case. p. 646A
March 4, Head to Glenelg, No. 19.    Transmits copy of the speech with
which he prorogued the Legislature. p. 439
Enclosed:
Speech, 4 March, 1837.
p. 440
Head to Glenelg, No. 20. Points out that he has promised to
pay the war losses, and trusts that an immediate application will be
made to Parliament to vote the sum promised to be paid by that
body. p. 447
Unsigned to A. Y. Spearman [Assistant Secretary of the Treasury].
[Draft.] Refers to previous correspondence and transmits copy of
Head's despatch No. 20,/ of 4 March 1837. Reviews the question
of war losses and states that the balance for which application should
be made to Parliament is £16,748. 10. 7. p. 448
Head to Glenelg, No. 21. Transmits an address from the
Assembly, respecting the trade of the province with the United
States. p. 451
Enclosed:
(1) Address of Assembly, 3 March, 1837. States that three
addresses have been passed respecting annexation of Montreal, the
reduction of duties, and on commercial relations with the United
States, and requests that these addresses should be transmitted
to the Secretary of State. p. 452
(2) Address of Assembly, 3 March, 1837, praying for the repeal
of laws prohibiting certain importations and placing higher duties
on certain commodities when imported from foreign countries,   p. 453
Head to Glenelg, No. 22. [Printed.] Transmits copy of an
address from the Assembly, together with three copies of the report
of the Select Committee on the petition of Dr. Duncombe. Requests
that his despatch No. 7, should be laid before Parliament together
with this report. p. 649 Q. 396, pt. 4 REPORT FOR THE YEAR 1943
Enclosed: 183
Address of Assembly, 3 March, 1837. [Printed.] Prays that
the report of the Select Committee should be transmitted to the
Secretary of State and to both Houses of Parliament. [Report not
at this place.   See Q. 396, pt. 1, p. 33.] p. 649A
Head to Glenelg, private.    Refers to previous correspondence March 4,
 x~ j.  -j      •_ j.  . ~^ Toronto.
p. 459
and requests payment of his travelling expenses
Head to  Glenelg,  No.  23.    [Printed.]   Transmits an address March 4,
from the Assembly, together with a report of a Select Committee Toronto-
relative to a letter transmitted by L. J. Papineau, Speaker of the
late House of Assembly of Upper Canada. p. 649A
Enclosed:
(1) Address of Assembly, 3 March, 1837. [Printed.] Transmits
address and requests that it be transmitted to the Secretary of
State. p. 649A
(2) Address, 3 March, 1837. [Printed.] Disavows the sentiments expressed in the resolutions transmitted by Papineau.     p. 650
(3) Report of Select Committee, 22 February, 1837.
[Printed.] p. 650
Head  to  Glenelg,   No.  24.    Transmits  an  address from the March 4,
Legislative Council, explaining the grounds upon which that body Toronto-
concurred with the Assembly in a bill to alter the charter of King's
College. jp. 464
Enclosed:
Address, 2 March, 1837.
p. 465
Head to Glenelg,  No.  25.    Transmits  an  address  from  the March 4,
Assembly, praying for the annexation of the Island of Montreal to Toronto-
Upper Canada.
Enclosed:
Address, 17 January, 1837.
p. 468
p. 470
Head to  Glenelg,   No.   26.    Transmits  an  address  from the March 4,
Legislature, deprecating a union of the Canadas. p. 479
Enclosed:
Address, 3 March, 1837. p. 480
Head to  Glenelg,  No.   27.    Transmits an  address from the m^cM,
Legislature,   relating   to   local   currency   and   banking   corporations, p. 484
Enclosed:
(1) Address, 3 March, 1837.   States that an address has been
passed,  and requests that it be transmitted to the Secretary of
State. P- 485 PUBLIC ARCHIVES
Q. 396, pt. 4
(2) Address, 13 February, 1837. Prays that the Lieutenant-;,
Governor should not be deprived of power to assent to bills of a
local nature dealing with currency and banking. Passed by Legislative Council, 16 February, 1837. P- 486
Head to Glenelg, No. 28. Transmits an address from the
Legislature, respecting the improvement of the navigation of the
St. Lawrence River. P- 489
Enclosed:
(1) Address, 4 March, 1837. States that an address has been
passed, and requests that it be transmitted to the Secretary of
State. p. 490
(2) Address, 2 March, 1837. Points to the necessity of improving the navigation of the St. Lawrence, and prays that Lower
Canada should be urged to complete such portions of the work as
may be necessary. p. 491
u^etcanada Head to  Glenelg,  No.
Legislature, respecting the post office.
Enclosed:
Transmits  an address from the
p. 494
(1) Address, 2 March, 1837. States that an address has been
passed, and requests that it should be transmitted to the Secretary
of State. p. 495
(2) Address, passed by the Assembly, 27 February, 1837>
passed by the Legislative Council, 2 March, 1837. Reviews the
organization and management of the post office, and proposes
measures for the regulation thereof. p. 496
Head to Glenelg, No. 30. Transmits copy of the address of the
Speaker of the Assembly on prorogation. p. 506
Enclosed:
Address on prorogation.
507
Head to Glenelg, private. Forwards addresses on prorogation,
and those received from the two Houses of the Legislature. Explains
that due to the action of radicals, no address to the Lieutenant-
Governor accompanied the address on union. [Enclosures not at
this place.] p. 509
Head, to Glenelg, No. 31. Transmits reserved bills and states
that a despatch will be written thereon, so soon as the bills shall
have been transcribed. [Enclosure not at this place. For list of
bills see under date of 6 April, p. 553.] p. 512
Head to Glenelg, No. 35. Acknowledges despatches Nos.
118-127, of 19-24, 30 December, 1836, and 3-5 January, 1837.   p. 529
Head to Glenelg, No. 32. Acknowledges duplicate despatch
No. 141, and states that returns respecting land granting in Upper
Canada were despatched on 7 March.   The returns for the refutation Q. 396, pt. 4
REPORT FOR THE YEAR 1943
of Dr. Duncombe's allegations were so numerous that the printing      1837
of the report and appendix adopted by the Assembly has not been
completed. p. 513
Head   to   Glenelg,   No.   33.   Acknowledges   despatches   Nos. March 29,
129-141, of 10, 12, 20, 25-31 January, and 1 February, 1837.    p. 514 Toronto-
Head to Glenelg, No. 34. Gives the grounds upon which he has April 4,
reserved Bills Nos. 1062-1080. States that they consist of measures: Toront0,
(1) for incorporating banking companies under certain restrictions
as to the amount of issues, etc., and under limited liability; (2) for
establishing loan and trust companies; (3) to enable the North
American Banking Company, in London, to extend its operations to
Upper Canada; (4) to establish the Freeholders Bank, on a peculiar
principle; (5) for increasing the stock of the Bank of Upper Canada
with a view to render it more properly a provincial bank, and make
it more useful in the provision of an adequate paper currency,   p. 516
Head to Glenelg, No. 36.    Gives grounds upon which he desires April 4,
that immediate assent should be given to reserved Bill No. 1062,   oront0,
which deals with the land granting department, and which should
go into force before the season for emigration shall be over.       p. 530
Head to Glenelg, No. 37. Transmits addresses from the Legisla- April 4,
tive Council and the Assembly on the land granting depart- oronto*
ment. p. 535
Enclosed:
(1) Address from the Legislative Council, 3 March, 1837.
Prays that no delay should take place in procuring assent to the bill
respecting the disposal of public lands. p. 536
(2) Address from the Assembly, 3 March, 1837. Prays that
no delay should take* place in procuring assent to the bill respecting
the disposal of the public lands. p. 537
Head to Glenelg, No. 38.    [Printed.]   Acknowledges despatch Apni^
No. 131, and expresses satisfaction at the approval of his report upon
the state of the Indians.    Advises against transferring the duties
of the Indian Department to the Commissariat officers.    Urges that
the salary of Col. J. Givens's successor should be increased,   p. 657A
Head to Glenelg, No. 39.    Refers to his despatch No. 37, of Apriu
4 April, and transmits two certified copies fo the act respecting the
disposal of the public lands.    [Enclosures not at this place.]     p. 541
Head to Glenelg, No. 40. Explains his reason for recommending Aprils,
the restoration of Welland Canal and the formation of the Great Toronto-
Western Railroad, as a result of which, other improvements were
adopted by the Assembly. Discusses the precautions which have
been taken, and the reasons for which he did not reserve the bills.
Transmits copy of the address of the Assembly on the subject of
these improvements. [Enclosure not at this place. See
p. 507.] P- 542
Glenelg to  Head,  No.  41.    [Printed.]   Transmits copy of a ApnU
Gazette Extraordinary announcing the appointments of R. S. Jameson, PUBLIC ARCHIVES
Q. 396, pt. 4
Vice Chancellor; A. M'Lean and Jonas Jones, Judges in the Court
of King's Bench; C. Hagerman, Attorney General; and W. H. Draper,
Solicitor General. Explains the circumstances under which he felt
that it was necessary to institute the office of Vice-Chancellor, for
making the other appointments, and for omitting to recommend that
M. S. Bidwell be raised to the Bench. Requests confirmation of
these appointments. P- 653
Enclosed:
(1) Gazette Extraordinary, 1 April, 1837.    [Printed.]       p. 654A
(2) R. S. Jameson to Head, Toronto, 8 March, 1837. [Printed.]
Offers his services as Vice-Chancellor. p. 654A
(3) A. M'Lean to Head, Kingston, 11 March, 1837. [Printed.]
Requests a situation and sets forth his claim to a reward for his
services. p. 655
Head to Glenelg, No. 42.
Downing St.
Transmits the Blue Book for 1836.
p. 552
Glenelg to Head, No. 158. [Printed.] Acknowledges despatch
No. 13, of 6 February, and replies to the statements made therein
with respect to the dismissal of officials. Orders that G. Ridout'^
reinstatement should be made subject to his ability to exculpate
himself from charges brought against him. Ridout is to be put
in possession of these charges and the result is to be communicated
to Glenelg. p. 659
Head to Glenelg, No. 43. Transmits the report on the reserved
bills. States that his own opinions on these bills are contained in
his despatches Nos. 34, 36, 37, 39, and 40. p. 553
Enclosed:
Report of Attorney General, Toronto, 1 April, 1837, on the
following acts: to establish a bank at Brockville; to incorporate the
Bank of the Newcastle District; to incorporate the Erie and Ontario
Bank, Niagara District; to incorporate the Prescott Bank; to incorporate the Prince Edward District Bank; to incorporate the London
District Bank; to incorporate the Western District Bank; to incorporate the Niagara District Bank; for increasing the capital
stock of the Commercial Bank of the Midland District; to amend
the charter and increase the stock of the Gore District Bank; to
increase the stock of the Bank of Upper Canada, and to amend
the charter thereof; to incorporate the Upper Canada Loan and
Trust Company; to incorporate the Upper Canada Life Insurance
and Trust Company; to incorporate the Freeholders Bank; to provide
for the disposal of public lands; better to secure the independence
of the Assembly; for erecting the District of Wellington; for erecting
the District of Colborne; to naturalize certain persons therein
named. p. 554
Head to Glenelg, No. 44. Acknowledges despatch No. 138,
of 31 January, and transmits a report upon the estate of T. T. Orton,
made by T. Ward of Port Hope, where Orton lived prior to his
death. p. 564 Q. 396, pt. 4
Enclosed:
Ward to
REPORT FOR THE YEAR 1943
Port Hope, 5 April, 1837.
States that
p. 565
Orton devised all his property to his wife.
Glenelg to Head, No. 160.    [Printed.]   Acknowledges despatch April 17,
No. 7, of 4 February, and the appendix to the report on Dr. C. DowningSt-
Duncombe's petition.    Expresses satisfaction at the refutation of
Duncombe's charges. p. 662A
Glenelg to Head, No.   166.    Acknowledges despatch No.  22, April 20,
of 4 April, and expresses satisfaction at the report  of the Select DowmngSt-
Committee on the petition of Dr. Duncombe.    States that a motion
has been made for a return of Head's despatch No. 7, of 4 February,
in reply to Duncombe's allegations. p. 457
Glenelg to Head, No. 167.    [Printed.]   Acknowledges despatch April 20,
No. 23, of 4 March, and expresses satisfaction at the resolutions of DownlngSt•
the Assembly of Upper Canada, on the resolutions received from the
Speaker of the late Assembly of Lower Canada. p. 663
Head to Glenelg, No. 45.    States that rumours of the failure of April 23,
Baring Brothers & Co.,  and of T.  Wilson & Co., have reached Toronto-
Toronto.    Transmits a list of bills drawn upon the two houses and
urges the necessity of requesting the Treasury to meet the bills
when due. p. 567
Enclosed:
(1) General estimate of monies remaining to be drawn for in
England, on account of debentures. J. H. Dunn, Receiver General's
Office, 23 April, 1837. p. 570
(2) Statement   respecting   interest.
23 April, 1837.
J.   H.
Dunn,   Toronto,
p. 571
(3) List of Bills of Exchange drawn on Baring Brothers & Co.,
since 1 December, 1836. p. 572
(4) List of Bills of Exchange drawn on T. Wilson & Co., since
1 December, 1836. p. 573
Head to Glenelg, No. 46.    Transmits a report from the Com- April 24,
missioner of Crown Lands, setting forth reasons for which he considers   oron °'
it advisable to secure an act of Parliament authorizing the sale of at
least another quarter of the Clergy   Reserves, and that the whole
of the proceeds of these reserves should be invested in the debentures
of Upper Canada. p. 576
Enclosed:
Report of R. B. Sullivan, Crown Lands Office, 28 March,
1837. p. 577
Sub-enclosures:
(i) General Statement shewing the number of acres set apart
for the clergy in the province of Upper Canada, and their application,
to 23 November, 1836. p.   597 PUBLIC ARCHIVES Q. 396, pt. 4
(ii) 7 & 8 George IV, cap. LXII. Act to authorize the sale of a
part of the Clergy Reserves in the provinces of Upper and Lower
Canada, 2 July, 1827. P- 598
Head to Glenelg, No. 47. Acknowledges despatch No. 120, of
11 November, and transmits the copy of G. H. Markland's memorial,
complaining that he was passed over in the appointment of an
arbitrator to appportion the duties between Upper and Lower
Canada. Points out the manner in which Markland had opposed
and embarrassed him. P-   604
Enclosed:
Markland [Inspector of Public Accounts] to J. Joseph [Civil
Secretary], Toronto, 25 March, 1837. Transmits a copy of the
memorial which he had addressed to the Secretary of State.     p. 608
Sub-enclosure:
Memorial, November, 1836.
p. 609
Head to Glenelg, No. 50. States that no tenders have been
received by the Receiver General for any part of the loans authorized
by the Legislature in its late session. Declares that it is better
that the undertakings should fail in this manner than through veto
of the Legislation. p. 624
Head to Glenelg, No. 48. Transmits the acts passed in the
last session, and promises to forward the report of the Attorney
General thereon. p. 619
Head to Glenelg, No. 49. Introduces W. H. Draper, who is sent
to England in consequence of the report as to the embarrassed state
of the English commercial houses. Appeals for assistance to prevent
the possible bankruptcy of the province in the event of the failure of
the financial houses. p. 620
Head to Glenelg, No. 52. Explains the circumstances under
which A. M'Lean has been awarded precedence over J. Jones as
Judge of the Court of Queen's Bench, although it had been intended
to favour Jones. p. 629
Enclosed:
(1) J. Joseph [Civil Secretary] to J. Jones, M.P.P., 11 March,
1837. States that Jones has been appointed Judge. [Note.] A
similar letter sent to M'Lean. p. 632
(2) Jones to [Joseph], Toronto, 27 April, 1837. Sets forth his
claims to precedence. p. 633
(3) Minute of Council, 20 April, 1837. States that the judges
should take precedence according to the date of their commissions, p. 637
Head to Glenelg, No. 51. [Printed.] Transmits copy of an
address by an assembly of delegates of the Church of Scotland,
meeting at Cobourg, on 14 April.   This address claims that the Q. 396, pt. 4
REPORT FOR THE YEAR 1943
Act 31 Geo. Ill, Cap. XXXI, was an infringement of the rights      1837
of the petitioners. p. 664
Enclosed:
(1) Walter Telfer, Hugh Scobie, and David Brodie to Head,
Cobourg, 17 April, 1837. fPrinted.] Present petition and request
that it be transmitted to the Secretary of State. p. 664
(2) Petition. [Printed.] Claims that the power given under the
Constitutional Act, for the erection of rectories and the presentation
of incumbents of the Church of England, is an infringement of their
rights. Complains of the errection of 57 rectories by Sir John Colborne,
and prays for the removal of religious disabilities. [For signatures
see p. 627.] p. 664
G. Grey [Under Secretary] to T. Wilson & Co. [Draft.]   Requests June 3.
a fist of bills drawn upon the House by the Receiver General of
Upper Canada.    [With alterations made by A. Y. Spearman, Assistant
Secretary of the Treasury.] p. 574
Glenelg to Head, No. 199.    [Printed.]   Acknowledges despatch July e,
No. 51, of 2 May, and reviews the question of the rights of the DowmngSt-
Church of England to the Clergy Reserves.    Transmits opinion of the
law officers to the effect that the endowment of 57 rectories by Sir
John Colborne was illegal, and directs that this despatch should be
communicated to the Archdeacon of Toronto, who will no doubt
lay it before the Bishop of Montreal.    Their opinion is to be sought •
in case the opinion of the law officers is founded upon facts inaccurately
stated.    If no such error shall be found, means are to be sought to
bring the  matter for  adjudication before  the  Court of  Queen's
Bench. p. 665
Enclosed:
(1) Reference to the law officers, 12 April, 1837.
[Printed.] p. 666
(2) Opinion of law officers, 8 June, 1837.    [Printed.]
p. 667
Glenelg to Head, No. 200. [Printed.] Acknowledges despatch T^y^
No. 41, of 5 April, and states that it has been impossible as yet, to
submit for the Royal Sanction, the bill respecting the Court of
Chancery. Approves of the appointments of R. S. Jameson as Vice-
Chancellor, and of A. M'Lean and J. Jones as Judges in the Court of
Queen's Bench. States that if Hagerman expressed the views
ascribed to him in the enclosed resolutions, with respect to the Church
of Scotland, he is expressing views at variance with government
policy and is not suited to fill the position of Attorney General.
Hagerman is to be put in possession of the enclosed- paper and of
so much of this despatch as relates to him. Gives reasons for which
M. S. Bidwell should be offered any further vacancy which may
occur among the judges.    [Enclosure not at this place.] p. 663
Unsigned to A. Y. Spearman [Assistant Secretary to the Trea- Juiy22.
sury].    [Draft.]    Refers to letter of 22 January, and transmits a
despatch from Head, respecting the proposed transfer of the duty
of distributing Indian presents from the officers of the Indian Depart- PUBLIC ARCHIVES
Q. 396, pt. 4
ment to those of the Commissariat. States that Glenelg is inclined
to concur in the views expressed by Head. A further report will be
called for with respect to certain points upon which the required
information has not been given. Glenelg will defer expressing an
opinion as to the necessity of appointing a successor to Col. J. Givens,
until all the information shall be before him. p. 538
Series Q. Vol. 396A
DESPATCHES TO GOVERNORS, 1836
1836
February 4,
Downing St.
With the exceptions calendared hereunder, the despatches in
this volume are to be found in the Calendar of Series G, Vols. 76-78
[Report of the Public Archives, 1936].
50-56.
Glenelg    to
Head.     Acknowledges    receipt    of    despatches
p. 36
Glenelg to Head.   Introduces John F. Elliott.
p. 105
Glenelg to Major-General Sir John Colborne [Commander of the
Forces].    Gives reasons for not having replied to despatches received
from Colborne subsequent to the date on which Head assumed the r
governement of Upper Canada.    These despatches will be answered '
so soon as pressure of public business will permit. p. 106
April 22,
Downing St.
Glenelg to Colborne. Replies to the reproaches which have
been made to him in Colborne's despatches Nos. 58, 62, 63, 72, of
22 September, 6, 9 and 30 November, and separate of 6 December,
1835; Nos. 1 and separate, of 5 January, 1836, and unnumbered
of 9 February, 1836. Discusses the attitude adopted by Colborne,
states that he is the author of the despatches, which emanate from
the Colonial Office, and censures Colborne. Offers him the continued
command of the forces. p. 110
Glenelg to Head.    Introduces Dr. Edward Morton.
p. 145
November 29,
Downing St.
Glenelg to Head, No. 111. States that he has received a letter
from Capt. John Moore, on half pay of the 3rd Garrison Battalion,
praying for a grant of land on the terms allowed to army officers.
Directs that an enquiry be made into this case which Head must
decide according to accepted rules. Moore is to be informed that
communications to the Secretary of State must be transmitted
through the Lieutenant-Governor. p. 289
Glenelg to Head, No. 112. Transmits copy of a correspondence
with Lord Fitzroy Somerset, respecting indulgence to be granted
to Major Fortye, late of the 7th Royal Battalion. Directs that
care is to be taken that the land is cleared by Fortye's son. [Enclosure
not at this place.] p. 291 Q. 397, pt. 1
REPORT FOR THE YEAR 1943
Series Q. Vol. 397, pt, 1
LIEUT.-GOVERNOR SIR FRANCIS BOND HEAD, 1837
1837
Glenelg to  Head, [No. 31].    Acknowledges despatch No. 84, Januarys,
of 19 October, and transmits a letter from the Deputy Secretary at Downin*st-
War, requesting more ample information with respect to certain
military pensioners who disposed of their pensions and preceded
to Upper Canada. p. 101
Enclosed:
L. Sulivan to J. Stephen [Under Secretary], War Office, 9 January,
1837.    Requests a list of the men, with full particulars. p. 102
Head to Glenelg, No. 51.
p. 664.]
[Not transcribed.
. Q. 396, pt. 4, *r«.
Head to  Glenelg,  No.  53.    States that leave of absence to May 4,
proceed to England has been given to the Receiver General, J. H. Toronto'
Dunn. p. 5
Head to Glenelg, No. 54.    Transmits the report of the Attorney May 4,
General on the acts passed by the Legislature in its last session.   oron °'
Draws attention to the Act,  cap.  21,  dealing with the franking
privileges, and encloses documents with special reference thereto, p. 6
Enclosed:
(1) C. A. Hagerman [Attorney General] to J. Joseph [Civil
Secretary], Toronto, 22 April, 1837. Transmits report upon the
acts passed in the last session, and draws attention to the fact that
these acts received the Royal Assent, prior to his appointment as
Attorney General. p. 8
Sub-enclosure:
Report of Attorney General, Toronto, 22 April, 1837.
p. 11
(2) Certified copy of the Act, cap. 21, dealing with the franking
privilege. P- 73
(3) T. A. Stayner [Deputy Postmaster General] to J. Joseph,
Quebec, 17 April, 1837. , Points out that the provincial law granting
the franking privileges to members of the Legislature of Upper Canada,
is in violation of the Imperial Statutes in virtue of which he holds his
office. Notes that it is extracted from the draft an act prepared in
England, in 1834, for simultaneous action by all the provinces,    p. 80
(4) Joseph to Stayner, Toronto, 27 April, 1837. Acknowledges
letter of 7 April, and states that Head agrees with the views expressed
therein, and is now of opinion that he should not have consented
to the bill.    Stayner's letter will be forwarded to Glenelg. p. 85
(5) Opinion of the late Attorney General, R. S. Jameson, with
reference to the bill. P- $6 92
PUBLIC ARCHIVES
Q. 397, pt. 1
Head to Glenelg, No. 55. Transmits the memorial of the
trustees of the Peterborough Public School, in favour of Robert J. C.
Taylor, late master of that school, who is proceeding to Dublin to
take a higher degree. Explains the circumstances under which he
recommends the granting of the request made in the memorial,
for the difference between Taylor's salary of £75 a year, and the
£100 which he was led to expect. P' 88
Enclosed:
Trustees to Head, 31 December, 1836.
Sub-enclosure:
Memorial, 31 December, 1836.
Present memorial.
.90
.92
Head to Glenelg, private. Transmits copy of a petition from
the Roman Catholics of Upper Canada. Gives his opinion that
religious discussions show that political tranquility prevails and
will afford an opportunity for political wounds to heal.       .. \ p. 95
Enclosed:
Petition of the Roman Catholics of Upper Canada, praying
for the suppression of Orange Societies. p. 97
Head to Glenelg, No. 56.   Acknowledges despatch No.  130,
of 12 January, and transmits a report from A. B. Hawke, Emigrant '
Agent, of pensioners who had disposed of pensions and proceeded
to Upper Canada.    Points out the position of the military pensioner
and urges the necessity of relief. p. 103
Enclosed:
Hawke to Joseph, Emigrant Office, 29 April, 1837.
Report. p. 106
Head to Glenelg, No. 57. Acknowledges despatch No. 150, of
1 March, respecting the repeal and amendment of the existing laws
with respect to currency, and transmits a memorandum on the
subject by T. G. Ridout, cashier of the Bank of Upper Canada.
Explains the grounds for this act. p. 114
Enclosed:
(1) Memorandum, Bank of Upper Canada, Toronto, 29 April,
1837.    Defends the act. p. 118
(2) Extracts from the New York Daily Express, respecting the
bill concerning banking associations. p. 133
Head to Glenelg, No. 58. States that Peter Robinson has
resigned the position of Surveyor General of Woods and Forests,
and gives the reason for which R. B. Sullivan has been appointed
to that office, without any increase in salary. p. 145
Head to Glenelg, No. 59. Transmits a letter from the Bishop
of Montreal and supports the recommendation contained therein,
that Upper Canada should be erected into a separate diocese of the Q. 397, pt. 1
REPORT FOR THE YEAR 1943
Church of England.    Recommends that Ven. J. Strachan, Archdeacon       183"
of Toronto,  should be appointed Bishop of the new diocese, if
erected. p. 146
Enclosed:
Rt.  Rev.  G. J.  Mountain [Bishop of Montreal] to Glenelg,
Quebec, 19 April, 1837. p. 148
Head to Glenelg, No.  60.    Explains, by means of copies of ^ay23,
j i • . .. 11 • i. .     ioronto.
correspondence, ins views respectmg the suspension of specie
payments by the Bank of Upper Canada. This correspondence
consists of: (1) W. Proudfoot [President of the Bank of Upper
Canada] to Head, 16 May, 1837; (2) reply of the Lieutenant-
Governor, 17 May, 1837; (3) Head to Lord Gosford [Governor-in-
Chief], 19 May, 1837; (4) Head to R. I. Routh [Commissary General],
19 May, 1837; (5) Head to Major-General Sir John Colborne,
[Commander of the Forces], 19 May, 1837; (6) Memorandum from
W. Proudfoot and return respecting the condition of the Bank of
Upper Canada, Toronto, 18 May, 1837; Return dated 30 April,
1837; (7) Head to [Proudfoot], 22 May, 1837, detailing conditions
under which the Executive Council consents to the suspension of
specie payments. p. 154
Head to Glenelg, No. 61.    Transmits report of Major R. H. May26,
Bonnycastle,  Commanding Engineer of Upper Canada, respecting   oron '
the proposed erection of a church in the military and naval reserve
at Penetanguishene. p. 180
Enclosed:
Bonnycastle to J. Joseph [Civil Secretary], R.E. Office, Toronto,
22 April, 1837.    Report. p. 181
Head to Glenelg, No.  62.   Acknowledges despatch No.  147, Jgg^gj
of 24 February, and states that the barracks at Toronto are in a
state that makes it impossible to repair them.    Recommends a plan
for a new barracks which will be explained by Major Bonnycastle,
who is now on his way to England on leave of absence. p. 183
Head to Glenelg, No. 63. Transmits a petition from the ^*y2t60
inhabitants of Niagara, praying for a grant of land in the now disused
military reserve, for assisting in the completion of the Welland
Canal. Urges that any such grant should be made on condition of
reversion to the Crown should the undertaking fail of completion. . p. 185
Enclosed:
Petition.
p. 186
Head  to   Glenelg,   No.   64.    Transmits  a  petition  from  the gyjgj
inhabitants of Waterloo, Wilmot and Woolwich, praying that the
Royal Assent should be withheld from the act to divide the district
of Gore, together with a letter explanatory thereto. p. 190
Enclosed:
(1) Address to the King.
191 PUBLIC ARCHIVES Q. 397, pt. 1
1837 (2) Address  to   Head,  transmitting   the   explanatory  address
to the Secretary of State. P- 195
Sub-enclosure:
Explanatory Address, Waterloo, 15 April, 1837.
p. 196
(3) Sketch of the Proposed District of Wellington. [See Map
Division.]
(4) Assessment   of  the   several  townships   of  the Gore   district. P- 204
oak Apple Day, Head to J. Stephen, private.    Introduces W. H. Draper, who
has been sent to England to give any information which will be of
value to the ministers in the event of the failure of the firms of T.
Wilson and of Baring Brothers. Should no assistance be given to
the province in the event of such a failure, Draper's mission will be
proof that every effort was made to secure such assistance.        p. 205
May 29, Head to Glenelg, No. 65.    Refers to previous correspondence
respecting the case of W. Forsyth, and requests immediate instructions thereon. p. 207
May 30, Head to Glenelg, No. 66.    States that it has been determined to
summon the Legislature to convene on 19 June, in spite of the -
opportunity which it will afford to those who wish to cause disturbance
because their interests have been affected by the policy which he has
felt it necessary to pursue in the financial crisis. p. 208
J^2^ Head to Glenelg, No. 67.    Acknowledges despatch No. 144, of
12 February, respecting certain items in the accounts of the Indian
Department, and states: (1) that Rev. Adam Elliott, missionary
at Manitoulin Island, was paid £25 cy. from April to June, 1836,
being at the rate of £100 cy. per annum; (2) that the payment to
John Orr, teacher at Manitoulin Island, was made. following the
determination to dismiss the missionary and teacher at this establishment which had been created by Sir John Colborne, but which
it was decided to dispense with, each being allowed a quarter's
salary; (3) that the charge of £24. 15. 1. was incurred for the services
of an interpreter who accompanied him on his visit to Manitoulin
Island; and (4) that the six months' gratuity of £39. 13 was paid
to Frangois X. Cadette, on his retirement as interpreter, and in
accordance with a general order made in 1830. p. 212
&onto. Head to Glenelg, No. 68.    Transmits a petition from F. W. K.
Jessop, together with sundry documents relating thereto. States
that as these papers substantiate a case of improper interference in
the late election, he has thought that Glenelg should be made
acquainted therewith. p. 216
Enclosed:
(1) Petition, Perth, 1 January, 1837. Sets forth his services
and complains that his remuneration as agent of P. Robinson in the
settlement of emigrants has been withheld. p. 217 Q. 397, pt. 1
REPORT FOR THE YEAR 1943
Sub-enclosures: 183'
(i) Peter Robinson [Commissioner of Crown Lands] to Jessop,
York, 28 August, 1833. Gives instructions as to filling out certificates
for located settlers. p. 243
(ii) Affidavit of Jessop as to his conduct when an attempt was
made to secure the deeds of the settlers prior to the election, certified
I by T. Boyle, Huntly, 10 July, 1836. p. 244
(2) Continuation of Petition of F. Jessop, Perth, 17 February,
1837. p. 247
Sub-enclosure:
W. & J. Bell to Jessop, Perth, 14 February, 1837. Request to be
informed as to whether Jessop will accept remuneration in the manner
formerly proposed. p. 253
(3) Robinson to J. Joseph, 27 March, 1837. Gives information
j as to the terms upon which Jessop was employed by him, and com-
[ ments upon the petition. p. 254
Sub-enclosure:
John McEwan to Robinson, Carleton Place, 8 July, 1836.
I Returns 51 deeds which have been placed in his hands by Jessop
I who has refused to have anything more to do with the settlers.
I Requests an exchange of his own lot. [Enclosure not at this
I place.] p. 263
(4) Statement of T. Baines [Secretary to the Clergy Corporation],   respecting   charges  made  by  Jessop,   Toronto,   21   March,
11837. p. 264
(5) Report of A. B. Hawke [Emigrant Agent], respecting Jessop's
I petition, Toronto, 3 May, 1837. p. 266
(6) Joseph   to   Baines,   Government   House,   10   May,   1837.
■ Expresses   Head's  displeasure  at  Baines's conduct, and transmits
copy of a letter which has been addressed to Jessop, from which
lit will appear that the matter will be referred to the Secretary of
State. p. 270
I       Sub-enclosure:
Joseph to Jessop, Government House, 10 May, 1837. Transmits
Ian extract from a minute in council, which has been approved.
■ Comments upon his conduct and disapproves  of that part of it in
■ which he exceeded his instructions.    States that Baines has been
.' censured, and that it has been thought fit to refer the matter to the
Secretary of State. p. 270
Enclosed in sub-enclosure:
Minute of Council, 4 May, 1837, respecting the conduct of
I those concerned, and voting payment to Jessop for his services,  p. 273
Head to Glenelg, No. 69.    Refers to his letter of 22 April, 1836, j™^
I respecting stationery for his office and that of the Surveyor General,
and requests that directions be issued to forward it.    Points to the 96
PUBLIC ARCHIVES
Q. 397, pt. 1
July 31,
Downing St.
inconvenience experienced in obtaining suitable stationery, and
states that the supply sent out in 1835, was paid for out of the military
chest. P- 279
Head to Glenelg, No. 70.   Refers to his despatch No. 60, of
23 May, 1837, and transmits letters from Lord Gosford, Sir John
Colborne and R. I. Routh, the Commissary General, which show that |
it has been found impossible to support the Bank of Upper Canada, j
States that there has been no run upon the Canadian banks.     p. 281
Enclosed:
(1) Lord Gosford [Governor-in-Chief] to Head, 27 May, 1837. j
Regrets that he cannot meet the wishes of the Bank of Upper
Canada. p. 286
(2) Sir John Colborne [Commander of the Forces] to Head,
Quebec, 25 May, 1837. Regrets that he cannot sanction assistance
to the Bank of Upper Canada, from the military chest. p. 289
(3) R. I. Routh [Commissary General] to Head, 26 May, 1837.
States that it is impossible for him to give assistance to the Bank of
Upper Canada. p. 290
Head to Glenelg, No. 71. Transmits a printed copy of his speech
on opening the Legislature.    [Enclosure not at this place.] p. 293
[Not transcribed.    See  Q.  379,
Glenelg to  Head,  No.
pt. 2, p. 468.]
Unsigned to A. Y. Spearman [Secretary to the Treasury].
[Draft.] Transmits copies of Head's despatches Nos. 60 and 70,
of 24 May and 8 June, and states Glenelg's approval of the steps
taken by Head to sustain the credit of the Bank of Upper
Canada. 8*181 p. 285
Unsigned to the Lieutenant-Governor of Upper Canada, No. 49.
[Draft.] Points out objections to 8 William IV, cap. 7, authorizing
transportation in place of banishment, as a penalty for certain offences,
and directs that the Assembly be requested to make the necessary
amendments thereto. p. 9
June 19.
June 20.
Series Q. Vol. 397, pt. 2
LIEUT.-GOVERNOR SIR FRANCIS BOND HEAD, 1837
Proceedings on opening the session of the Legislature.
p. 294
Speech with which Head opened the session of the Legisla-v
ture. p. 295
Head to Glenelg, private. Draws attention to Glenelg's
despatch No. 135, of 28 January, and urges the considerations for
which R. B. Sullivan should be confirmed in his appointment asj
Commissioner of Crown Lands and agent for the sale of the Clergy
Reserves. Points to the necessity for providing inducements which
would cause men of ability to accept employment by the Government, p. 303 Q. 397, pt. 2 REPORT FOR THE YEAR 1943 97
Head to Glenelg, No. 72.   Transmits copies of addresses from       1837
the Legislature, and of the replies returned thereto. p. 306 T™e0^
Enclosed:
(1) Address from the Assembly, in reply to the speech from
the Throne, 22 June, 1837. p. 307
(2) Reply.
p. 309
(3) Address from the Legislative Council, in reply to the speech
from the Throne. p. 310
(4) Reply.
p. 313
Head to Glenelg, No. 73.    Transmits the Journal of the Assembly, June 24,
for the last sessions.    The Appendix and the Journal of the Legislative Toronto-
Council will be sent as soon as they shall have been received from
the printer. p. 314
Head to Glenelg, No. 74.    Transmits a petition from David ^J^
McCall,  and states that he has no favourable remarks to offer
thereon. p. 315
Enclosed:
(1) W. C. Keele to -
i Toronto, 12 June, 1837.    States
that McCall's petition has reference to an earlier petition to the
Lieutenant-Governor, to which no reply has been received. Requests
that it may be transmitted with the documents annexed thereto,
to the Secretary of State. p. 316
(2) Petition of David McCall, Moore, 10 May, 1837. Prays
for a grant of Stag Island, in the St. Clair River, which has been
ceded to him by the Chippewa Indians. p. 317
Sub-enclosures:
(i) Cession of Stag Island, 5 May, 1837. p. 319
(ii) E. S. Robertson to Mrs. Sophia McCall, Montreal, 1 May
1833. States that Dr. Robertson has written a letter of recommendation for McCall, and trusts that he will obtain his land. p. 322
(iii) W. Robertson to McCall, Montreal, 1 May, 1833. Vouches
for McCall's conduct. p. 323
Head to Glenelg, No. 75. States the circumstances under which June 24,
it was imperative to appoint a person to take charge of the Indian Toronto-
Department, in spite of the reservation contained in Glenelg's
despatch No. 131, of 20 January. S. P. Jarvis, who has been
appointed has given up his office as Registrar, for which he received
£300 a year. Requests that he should receive £350 as head of the
Indian Department. Transmits the memorial of W. Hepburn
who has been appointed Registrar in Chancery. p. 324
Enclosed:
Memorial of W. Hepburn, Toronto, 12 June, 1837. Requests
remuneration for the period during which he took charge of the
Indian Department. P- 330 PUBLIC ARCHIVES Q. 397, pt. 2
Head to Glenelg, No. 76.   Acknowledges despatch No.  159,
of 17 April, and expresses his gratitude at having been made a ;
baronet. P- 333 I
Head to Glenelg, No. 77. Transmits a petition from several
respectable merchants and traders of Kingston, praying for the
erection of a lock at Ste. Anne's Rapids. States that this work would
be of advantage to the public. P- 336 I
Enclosed:
(1) Petition, pointing out the monopoly enjoyed by the Ottawa j
and Rideau Forwarding Company. p. 337 j
(2) Map.    [In Map Division.] p. 340 j
Head to Glenelg, No. 78.    Acknowledges  despatch No.  179,
of 4 May, and expresses accord with Glenelg's decision to omit a j
phrase from the copy of his despatch of 14 February, which was j
presented to the House of Commons in answer to the charges made
by Dr. Charles Duncombe. p. 343 j
Head to Glenelg, No. 79. Acknowledges despatch No. 115, I
of 29 November, 1836, respecting the memorial of W. H. Fro ward ]
and other inhabitants of Lennox and Addington, making charges J
against the Solicitor General, C. A. Hagerman, for interference |
in the late election. Froward has been requested to submit this ]
memorial, but has not done so. p. 345
Head to Glenelg, No. 80. Acknowledges despatch No. 177, of j
30 April, and explains that the items in the Commissary General's 1
accounts for which an explanation is desired, were incurred in carrying I
out the plan which has been approved and under which it will be 1
possible to reduce the expense of the Indian Department. The
erection of store houses at Manitoulin Island were necessary under 1
the policy whereby the Indians have retired from the white settle-1
ments and their lands there will be sold. Gives assurance that he is J
giving jealous co-operation to the plan to reduce Indian expend- j
iture. p. 346 I
Head to Glenelg, No. 81. Transmits 6 printed copies of the I
acts passed by the Legislature in its first session. [Enclosures not!
at this place.] p. 3511
Head to Glenelg, No. 82. [Printed.] Transmits copy of his I
on proroguing the Legislature. Discusses the financial I
situation and the debate which took place in the Assembly. Gives
the principles upon which the Banking Bill was passed, and the]
policy which he intends to pursue under it. Expresses satisfaction J
that the authority to permit suspension of specie payments has been
placed in his hands. p. 4751
Enclosed:
(1) Speech on prorogation, 11 July, 1837.
[Printed.]
.476
(2) Act to authorize certain banks in this Province, for a limited |
time, to suspend specie payments, under certain restrictions.
[Printed.] p. 4761 Q. 397, pt. 2
REPORT FOR THE YEAR 1943
(3) Act to authorize the chartered banks in the  Province to       183'
suspend the redemption of their notes in specie, under certain regulations, for a limited time, and for other purposes therein mentioned.
[Printed.] p. 478
Head to Glenelg, confidential. Explains the difficulty with July 12,
which he secured the passage of the banking regulations upon which Toronto-
he had reported in his despatch No. 82, of 12 July. Describes the
excitement which prevailed and declares that it was only the knowledge that he was determined to withstand any attack upon British
credit, and that he would not delegate his power to commissioners,
which induced the Assembly to give way. p. 349
Head to  Glenelg,  No.  83.    Acknowledges despatch No.  124, July 17,
of 30 December, 1836, and states that he has not heard of any party of Toronto'
adventurers under a person who calls himself "General Dickson,
Commander in Chief of the Indian Liberating Army".    States that
Glenelg's instructions on this matter will be carried out. p. 354
Head to Glenelg, No. 84. Transmits three addresses from the July 17,
Assembly. p. 355 Toronto*
Enclosed:
(1) Address, 4 July, 1837, praying for a grant of land to those
of the embodied militia who served in the War of 1812, and who have
received no such grant because they were not on service during the
first period of the War. p. 356
(2) Address, 8 July, 1837, praying for the reservation and sale
of Crown Lands in the township of Murray for the erection of a
canal at Presque Isle, for public buildings and military works,    p. 359
(3) Addresses, 29 June, 1837, praying that favourable consideration should be given to the petition from Kingston for the erection
of a lock at Ste. Anne's Rapids. p. 362
Head to Glenelg, No. 85. Transmits official copies of four bills July 17,
passed during the session together with the Attorney General's Toronto-
report thereon. p. 365
Enclosed:
(1) C. A. Hagerman [Attorney General] to J. Joseph [Civil
Secretary], Toronto, 11 July, 1837. States that there is no legal
objection to the act for facilitating loans for the completion of
macadamized roads. P- 366
(2) Report of Attorney General, 11 July, 1837. States that
there is no legal objection to the acts: (1) to authorize chartered
banks to suspend specie payments under certain regulations; (2) to
afford relief to certain banking institutions in settling their affairs,
and for protecting persons holding their notes; (3) to continue expiring
laws to the end of the next session. p. 367
(3) Report of ^Attorney General, 14 July, 1837. Reports in
full upon the acts named in enclosures 1 and 2, of this despatch, p. 369
(4) Statutes.
86965—7*
[Not transcribed.] 100
PUBLIC ARCHIVES
Q. 397, pt. 2
Head to Glenelg, No. 87. Acknowledges despatch No. 73, of
28 April, 1837, and states that Egerton Ryerson had given a fals^
impression in his letter respecting the action of the Legislative Council
on the bill for a loan of £4,100 to the trustees of Upper Canada
Academy. Explains the circumstances, and gives an account of
legislative action with respect to this bill. Trusts that this explanation will vindicate the Legislative Council, which needs the firmest
possible support in order to enable it to resist the Assembly when
it becomes constitutionally necessary to do so. p. 386
Head to Glenelg, No. 86. Refers to his despatch No. 18, of
27 February, and transmits papers which should have accompanied
the return to the House of Commons. States the proceedings by
which agreements are reached for the surrender of Indian
lands. p. 375
Enclosed:
(1) Earl Bathurst [Secretary of State] to Major-General Sir
Peregrine Maitland [Lieutenant-Governor of Upper Canada], Downing
St., 14 August, 1825. Conveys approval of the provisional agreement
for the cession of territory by the Chippewa Indians of the St. Clair
River. p. 377
(2) S. P. Jarvis [Chief Superintendent of Indian Affairs] to
J. Joseph [Civil Secretary], Toronto, 10 July, 1837. Transmits a
schedule of Indian surrenders, 1820-1837. p. 378
Sub-enclosure:
Schedule, 10 July, 1837.
p. 379
(3) R. B. Sullivan [Commissioner of Crown Lands] to Joseph,
Toronto, 7 July, 1837. Transmits an account of sales of land on
account of Indians, in accordance with the return required,    p. 383
Sub-enclosure:
Statement, 5 July, 1837.
p. 384
Head to Glenelg, No. 88. [Printed.] Acknowledges despatch
No. 145, of 20 February, and transmits documents in answer to the
queries from the Treasury with respect to the recommendations
which he had made as to the conduct of Indian Affairs. States that
he adheres to the views which he had expressed on this subject,  p. 469
Enclosed:
(1) George Ironside [Superintendent] to Col. James Givens
[Superintendent General], Amherstburg, 10 May, 1837. [Printed.]
Acknowledges circular of 27 April, and. replies to queries made
therein. p. 470
Sub-enclosure:
Queries and answers with respect to: (1) the number of Indians
resident in the province; (2) the pursuits of each tribe, and the
number of fixed locations; (3) the situations of locations of settled
parties, and of hunting grounds occupied by other Indians; (4) the
extent of lands set apart at the different locations for the use of Q. 397, pt. 2
REPORT FOR THE YEAR 1943
101
Indians, or of the hunting ranges; (5) the persons employed in the 1837
superintendence of the settled Indians or of the other tribes, with
their designations and salaries, and a summary of the duties which
they are called upon to perform; (6) the number and descriptions
of the clergy or teachers attached to each tribe or party; (7) as to
whether the expenses of the tribe or party are defrayed from the
parliamentary grant, or from land payments out of the territorial
revenue of the Crown.   Amherstburg, 9 May> 1837.   [Printed.]  p. 470
(2) Similar letter and report from W. Jones [Assistant Superintendent], Port Sarnia, 12 May, 1837.    [Printed.] p. 470A
(3) Similar letter and report from J. B. Clench [Superintendent],
Colborne on Thames, 12 May, 1837.    [Printed.] p. 471A
(4) Similar letter and report from T. G. Anderson [Superintendent], Coldwater, 15 May, 1837.    [Printed.] p. 472A
(5) Information called for from Capt. T.  G. Anderson, Rice
Lake.    [Printed.]    Answers queries 1 to 5. p. 473A
(6) Report of J. Winniett [Superintendent], Brantford, 22 May,
1837.    [Printed.] j Answers all 7 queries. p. 474A
Head to Glenelg, No. 89. [Printed.] Transmits copy of a July 20,
memorandum which he delivered to the presidents and cashiers Toronto-
of the chartered banks, assembled at Government House, on 19 July.
States that he explained that he had no desire to induce them to
depart from the course most conducive to their interest. Reports
the decision of the banks not to avail themselves at present, of the
provisions of the new act, but to continue cash payments. Fears
that a run may be made upon them. p. 479
Enclosed:
Memorandum as to the intentions of the Lieutenant-Governor
with respect to the new act, 19 July, 1837.    [Printed.]       p. 479A
Head to Glenelg, No. 90.    [Not transcribed.    See Q. 392, pt. 2, Wya*
p. 424, claims of Cozens and Brant.]
Glenelg to Head, No. 203.    [Printed.]    Acknowledges despatch ^2h
No. 66, of 30 May, and regrets the necessity of summoning the   owmng *'
Legislature, but approves of the course adopted. p. 468
Head to Glenelg, No. 91.    States that he proposes to leave Juiy24,
Toronto on 27 July, in order to be present at the Indian Council at Toronto-
Manitoulin Island, on 1 August, where he will announce the intention
of the Government to cease giving presents to those Indians residing
in the United States, after the expiration of three years.        p. 474A
Glenelg to Head, No. 209. [Printed.] Acknowledges despatch giyas,
Nos. 60 and 70, of 24 May and 8 June, and approves of the policy
adopted with respect to assistance to the Upper Canada banks.
Sees the objections to the issue of specie from the military chest, and
states that the Treasury has approved of the conduct of the Commissary General in this matter. p. 468 PUBLIC ARCHIVES Q. 397, pt. 2
Head to Glenelg, private. Transmits a letter which has been
received from Capt. S. P. Hurd, and states that he has no situation
in which Hurd could be employed other than that from which it has
been necessary to remove him.    Recommends him to Glenelg.   p. 396
Enclosed:
S. P. Hurd to Head, Toronto, 26 July, 1837. Requests a
recommendation which would enable him to secure employment
from the Colonial Department. Expresses thanks for the employment given to his son in the Council office^ p. 397
Head to Glenelg, No. 92. [Printed.] States that he had
proceeded as far as Lake Simcoe on his way to Manitoulin Island,
when he received private information of the death of the King.
He therefore returned to Toronto, after deputizing to S. P. Jarvis,
Acting Superintendent, the task of informing the Indians as to the
intentions of the Government, with respect to the discontinuance
of presents to visiting Indians. p. 474A
Toronto16, Head to  Glenelg,  No.  93.    [Printed.]   Transmits  copy of a
memorial from the president and ministers of the Wesleyan
Methodist Church in Canada in conference, together with his reply
thereto. Deals with this address under two headings: (1) the
inaccuracy of its representations, and (2) the subtle object of its
prayer. Defends himself against the charges made therein with
respect to the surrender of lands by the Indians. p. 483
Enclosed:
(1) Memorial, 24 June, 1837. [Printed.] Sets forth the dissatisfaction existing among the Indians, and claims that no progress can
be made by these people unless they acquire title deeds to their
lands. Urges that the Wesleyan Missionary Society should be
recognized as trustee ex officio for land granted to Indians among
whom they are employed. p. 484A
p. 485
(2) Reply.    [Printed.]
August 17, , Head to Glenelg, No. 94.    Refers to previous correspondence
with respect to his travelling expenses, and reviews his case. Requests
that these* should be paid on public grounds. p. 402
Enclosed:
(1) J. H. Dunn [Receiver General] to Capt. F. Halkett [aide-decamp], Toronto, 8 March,  .    States that he has no fund
from which he can make the advance requested. p. 409
(2) Account of expenses paid (1) by Halkett, (2) by J. Joseph,
(3) for furniture, etc., (4) by Lady Head, (5) travelling expenses
not charged. p. 410
Toronto1.7, Head to [Stephen], private.    Calls attention to his despatch No.
No. 94, of 17 August, and stresses the hardships which he endures
at the failure of the British Government to meet his expenses.
Opposes the idea of charging these expenses to the colony. On these
grounds he gave up his boat rather than take it upon such
terms. p. 416 Q. 397, pt. 2
REPORT FOR THE YEAR 1943
Head to Glenelg, No. 95.    States that the banks continue to       1837
make   specie   payments,   and   that   beneficial   results
obtained, the embarrassment resting on borrowers.    P.S.—Specie has
been received from Lower Canada, in payment of the proportion
of duties.   Commends Lord Gosford for the co-operation given,  p. 422
Head to Glenelg, No. 96. [Printed.] Refers to his despatch August 22,
No. 92, of 31 July, and transmits copy of the speech made to the Toronto-
Indians assembled at Manitoulin Island, by S. P. Jarvis, in which
it was made clear that presents will not be given to visiting Indians,
after the expiration of two years. No objection was raised although
3,700 Indians of different tribes were present at the meeting. States
that J. B. Clench and J. Winniett, superintendents; George Ironside,
captain; and Jacob Martin, interpreter, have been notified that
their services will cease after the delivery of presents to the Indians
in October next. Transmits copies of the letters received from
these individuals with respect to their reduction, and states that he
has every reason to be satisfied with their conduct. p. 424
Enclosed:
(1) Speech, 4 August, 1837.
[Printed.]
p. 425
(2) J. B. Clench to S. P. Jarvis, Colborne, Thames, 7 July, 1837.
Acknowledges letter of 4 July, states his services which he feels
should entitle him to some consideration on retirement. p. 426
(3) Clench to 	
distressed circumstances and
allowance.
private, 7 July,  1837.    States his
;gs assistance in securing a retiring
p. 431
(4) G. Ironside to Jarvis, Amherstburg, 10 July, 1837. Acknowledges letter of 4 July, and begs consideration of the distress which
will ensue on his retirement. p. 433
(5) J. Winniett to Jarvis, Brantford, 19 July, 1837. Acknowledges letter of 4 July, and requests consideration for his long
service. p. 435
(6) J. Martin to Jarvis, Brantford, 8 August, 1837.
edges letter of 27 July, and requests a retiring allowance.
Acknowl-
p. 436
(7) Statement   of   the   Indian   Department,   Upper   Canada,
30 June, 1837.    [Printed.] p. 438
Head to Glenelg, No. 96 (2). Requests instructions respecting August 22,
the surrender of the casual and territorial revenue. Discusses the oront0'
embarrassment caused by the publication of despatches on this
subject by Sir Colin Campbell. States that he sent a message to
the Legislature signifying that he had authority to consent to a
bill to surrender these revenues in exchange for a bill which would
provide for civil government and for those charges for which the
faith of the Government is pledged. Requests instructions as
to the method in which the matter should be placed before the
Legislature at its next meeting, in view of the failure to secure such
a measure at the last meeting. Transmits a letter from the Receiver
General showing the state of these funds. Discusses the deductions
from this letter and points out that the New Brunswick Bill is unsuit- PUBLIC ARCHIVES Q. 397, pt. 2
able to Upper Canada. Declares that the land granting bill shows
how the views of the Upper Canada Legislature differ from those
of. New Brunswick on that subject. Desires settlement of the
amount of his salary and a decision as to the sum which should be
retained for contingent expenses. p. 440
Enclosed:
(1) B. Turquand [for the Receiver General] to J. Joseph [Civil
Secretary], Toronto, 24 August, 1837. Statement respecting Crown
Revenues. p. 446
(2) Message from the Lieutenant-Governor to the Assembly,
14  February,   1837. p. 449"
. Sub-enclosure:
Estimate of charges for which provision must be made:
Schedule A. Salaries. p. 455
Schedule B.   Statement  of  annuities  payable  to  Indian
tribes. p. 456
Schedule C.   Pensions.
p. 458
Schedule D. Upper Canada College; Peterborough School,
Church of England; Church of Scotland; Roman Catholic
Church; Wesleyan Methodists. p. 459
(3) Glenelg to Head, No. 47., Downing St., 15 April, 1836.
Gives instructions respecting the extent to which assistance should
be given to the Wesleyan Methodists in view of the expenditure
incurred by them on expectations held out to them by the Earl of
Ripon. p. 460
(4) Sir George Grey [Under Secretary] to Rev. E. Ryerson,
Downing St., 29 February, 1836. [Not transcribed. See Q. 395,
p. 266. Explains that in view of the determination to surrender
the casual and territorial revenue, further assistance cannot be
given to education.] p. 465
(5) Earl of Ripon to Glenelg, Carleton Gardens, 4 April, 1836.
[Not transcribed. See Q. 395, p. 204. Gives his recollections of the
inducements held out to the Wesleyan Methodists.] p. 466
Glenelg to Head, No. 222. [Printed.] Acknowledges despatches
82 and 84, of 12 and 20 July, and states approbation of the act passed
by the Legislature with respect to the public credit. Approves of
Head's conduct. p. 468A
Head to Glenelg, No. 97. [Printed.] Expresses his views
with respect to British North America and of the colonial policy
adopted towards it.    [Not transcribed.    See p. 479A.] p. 467
Unsigned to A. Y. Spearman [Secretary to the Treasury].
[Draft.] Refers to his letters of 24 January and 22 July, and
transmits a copy of Head's* despatch No. 75, of 24 June, respecting V
Q. 397, pt. 2
REPORT FOR THE YEAR -1943
the Indian Department. Urges that W. Hepburn should be paid
for his services, and requests an early opinion as to the advisability
of confirming the appointment of S. P. Jarvis as successor to Col.
J. Givens. p. 327
Unsigned to Spearman. [Draft.] Transmits an address from the
Assembly of Upper Canada, and Head's despatch No. 77, with the
petition from Kingston, with respect to the construction of a canal
at Ste. Anne's Rapids. States the advantages of such a work and
requests the opinion of the Treasury thereon. [For the address of
Assembly, see Q. 397, pt. 2, p. 362.] p. 341
Glenelg to Head, No. 234. [Printed.] Acknowledges despatches October 4,
on the subject of his expenses and states: (1) that the question of the DowmngSt-
expenses of his inspectional tours has been answered in a despatch
of 4 January, and that approval is given to the expenditure as
explained in Head's despatch of 4 February; (2) that in view of the
special circumstances under which he had been called upon to assume
the government of Upper Canada, the Treasury has consented
to increase the customary allowance for outfit and passage, from
£300 to £500, and trusts that the colony will assume the charge
for furniture required for Government House; (3) that the salary
of the Lieut.-Governor cannot be increased from British funds,
but application should be made to the provincial Legislature, and
that the failure of such an application would relieve Head from the
obligation of maintaining the scale of expense observed by his
predecessors. p. 414
Series Q. Vol. 398, pt. 1
LIEUT.-GOVERNOR SIR FRANCIS BOND HEAD, 1837
Head to Glenelg, No. 98.
tion of Toronto.
p. 2
Enclosed:
Address of the Corporation of Toronto to the Queen, upon her
accession to the throne, 28 August, 1837. [Other address not at this
place.] P. H4
Head to Glenelg, No. 99. [Printed.] Acknowledges despatches f^ten^ber10,
Nos. 158 and 200, of, 5 April and 14 July, and discusses at length
the reasons for which he refuses to place Bidwell on the bench or to
reinstate G. Ridout who had been removed from the bench. Defends
Hagerman from the charge made against him with respect to the
Clergy Reserves. Draws attention to the position in which he has
been placed due to failure to confirm his appointments. States how
he differs in policy from the Colonial Department, and from the
commission headed by Gosford. p. 5
Head to Glenelg, No. 100.    [Not transcribed.    See Q. 398, pt. 3, September n,
p. 645.]
Head to Glenelg, No. 101.    [Not transcribed.    See Q. 398, pt. 3, September 15,
p. 645A.] 106 PUBLIC ARCHIVES Q- 398, pt. 11
1837 Head to Glenelg, No. 102.    [Printed.]    States that the Arch-
TotS50*"16, beacon of York has been called upon to report on the subject of the
rectories, in accordance with the terms of Glenelg's despatch No. 199,
of 6 July. This report will be transmitted to England so soon as it
shall have been received. Transmits copies of documents which
have a bearing upon the question as submitted to the law officers
of the Crown. p. 23
Enclosed:
(1) Earl Bathurst [Secretary of State] to W. Smith [President of
Council], Downing St., 2 April, 1818. Gives instructions as to the
erection of rectories. P- 24
(2) Bathurst to Major-General Sir Peregrine Maitland [Lieuj|H
Governor of Upper Canada], Downing St., 22 July, 1825.    Gives
instructions as to the erection of rectories. p. 26
(3) Report of Executive Council, 21 November, 1825. [Printed.]
Recommends a method of dividing the provinces into parishes and
the establishment of parsonages. p. 28
Head  to  Glenelg,  No.
pt. 3, p. 660.]
103.    [Not transcribed.    See  Q.  398,
Enclosed:
(1) Address of the Synod of the Church of. Scotland in Canada,
Toronto, 6 September, 1837. Requests that two memorials should
be forwarded to Glenelg. The first of these memorials deals with
the appropriation of interest on the proceeds of the sales of Clergy
Reserves, the other expresses the views of the synod respecting the
reference made to the Bishop of Montreal and to the Archdeacon
of York on the opinion-of the law officers as to the establishment
of rectories in Upper Canada. p. 31
(2) Memorial of the Synod of the Church - of Scotland,
6 September, 1837. Protests against the proposal to appropriate
the whole of the interest of the Clergy Reserve fund for the support
of ministers of the Church of England. States the claims, of the
Church of Scotland. p. 33
(3) Memorial.    [Not transcribed.    See Q. 398, pt. 3, p. 660.]
Head to Glenelg, No. 104. Transmits 6 printed copies of the
acts passed during the late session of the Legislature, and of reserved
bills passed in the session of 1836, which have since received the
Royal Assent.    [Enclosures not at this place.] p. 36
Head to Glenelg, No. 105. Transmits a report from the
Executive Council, with respect to Colonel T. Talbot's settlement.
This subject was brought before the Council following the reference
made in Glenelg's despatch of 12 August, 1836, with respect to the
claims of John Ardill, William Jackson, and Levi Lewis. Praises
the work done by Talbot, discusses the nature and extent of his
authority, but declares that the time has now come when the settlement should be placed under the control of the local government, p. 37 Q. 398, pt. 1 REPORT FOR THE YEAR 1943
Enclosed:
Report of Council, 10 August, 1837. Reviews the history
of the Talbot settlement, the powers of Colonel Talbot, and the
cases of the settlers removed by him. p. 48
Sub-enclosures:
(i) A—Memorial of Talbot, York, 8 April, 1813, and report of
Council thereon, 15 March, 1815, respecting Talbot's authority
to locate settlers. p. 100-
(ii) B—Report of T. Ridout, Surveyor General, York, 23 December, 1815, respecting locations by Talbot. p. 106
(iii) C—Talbot to Ridout, Port Talbot,. 10 November, 1815.
Transmits return of the lands which he has located. Points out
that some of the locations may be changed by granting the locations
to persons holding United Empire rights, or by removals for nonperformance of settlement duties. Requests permission to locate
T. Hollowood on Crown Reserve No. 13. p. 109
107
(iv) D—Order-in-Council, 13 March, 1819.
Boards.
Constitutes Land
p. Ill
106.    [Not transcribed.    See  Q.  398, September 22,
Head to  Glenelg,  No.
pt. 3, p. 647A.]
Enclosed:
Newspaper extract [22 September], respecting possible inducements held out to Bid well, which may have led him to decline to act
as delegate to the proposed provincial convention. p. 116
Head to Glenelg, No. 107.    States that he has received private September 22,
intimation  that  the  letters  patent  for  his  baronetcy  have  been Toronto-
delayed.    Remarks that he has no landed property and wishes to be
designated   as of Toronto.    Requests   that   the   patent   be   expedited, p. 121
Head to Glenelg, private and confidential.    Gives the reasons September 22,
for which he regards that it is necessary to increase the membership Torontov
of the Legislative Council, and submits the names of those whom
he regards as suitable for this honour. p. 122
Enclosed:
List of names.
p. 126
Head to Glenelg, No. 108.
p. 648.]
[Not transcribed.
See Q. 398, pt. 3, September 27,
^ ' r        ' Toronto.
Head to Glenelg, No.  109.    Draws attention to his despatch September 28,
No. 65, of 29 May, requesting immediate instructions on W. Forsyth's Toronto-
case. p. 129
Head to Glenelg, No.  110.    Transmits two addresses to the September 28,
Queen from the Church of England, and an address of condolence
to the Queen Dowager. p. 130
86965—8} PUBLIC ARCHIVES
Q. 398, pt. 1
Enclosed:
(1) Address from the clergy of the Church of England, Toronto,
15 September, 1837. Sets forth the growth of the church, its need
for assistance, the right of the church to the full endowment of
the Clergy Reserves, and the need for erecting the province of Upper
Canada into a separate bishopric. P- 131
(2) Address from the clergy of the Church of England, Toronto,
15 September, 1837. Offers condolence on the death of the King.
[Address to the Queen Dowager not at this place.] p. 139
(3) Indictment of Jesse Happy, 1 June, 1835.
Head to Glenelg, No. 111. [Not transcribed. See Q. 398,
pt. 3, p. 648A.]
Enclosed:
T. G. Ridout to Head, New York, 25 September, 1837. Reports
upon the financial situation in the United States, and the favourable
impression created by Head's policy. Gives the opinion of G. Shaw,
agent for Messrs. Glyn & Co., with respect to the debentures,   p. 143
Head to Glenelg, private and confidential. Requests that the
name of Samuel Street should be added to list of those mentioned
as suitable appointees to the Legislative Council, in his private and
confidential despatch of 22 September, 1837. p. 148
Head to Glenelg,   No.   112.    Submits   documents   concerning'
the case of Jesse Happy, a fugitive slave.    Discusses the problems
concerned in such cases and requests instructions thereon.    Solomon 1
Mosely, another fugitive slave escaped in the riot consequent upon 1
an attempt to surrender him. p. 149 I
Enclosed:
(1) Demand of J. Clark, Governor of Kentucky, for the surrender I
of Jesse Happy,  charged with stealing a bay mare,   10 August,
1837. p. 158
(2) Description of Jesse Happy, sworn to by T. M. Hickey, |
14 August, 1837. p. 160 1
p. 162 j
(4) Affidavit of David Castleman that Jesse Happy, of Hamilton, 1
is the Jesse Happy who was indicted for stealing a bay mare from 1
Thomas M. Hickey. p. 163
(5) Warrant for the arrest of Jesse Happy, 7 September,
1837. p. 165 i
(6) Petition from the coloured inhabitants of Hamilton.    Prays
that Jesse Happy may be given a trial before being surrendered. ]
Claims that Happy did not bring the horse into Canada, but that j
Hickey got it back again. p. 167
(7) Petition of the coloured persons of Upper Canada. Claim j
that the indictment against Jesse Happy is based on false information, j
Requests consideration of the case, and prays that arrangements {
should be made for guidance in other similar cases. p. 169 1 Q. 398, pt. 1
REPORT FOR THE YEAR 1943
(8) Petition of Alfred Digby and 125 other white inhabitants      1837
of Upper Canada.   Sets forth the case of Happy and requests that
it should be considered.   Urges that arrangements should be made
respecting other similar cases. p. 172
(9) C. A. Hagerman [Attorney General] to John Joseph [Civil
Secretary], Toronto, 8 September, 1837. Reports that the papers
contain sufficient evidence to justify the surrender of Jesse Happy.
[Note.] States that this opinion is concerned only with the legal
question and refers to the discretionary power of the Lieutenant-
Governor. Points out that Happy is a fugitive slave. Declares
that the indictment was sworn in 1835 although the offence appears
to have been committed in 1833. p. 175
(10) Report of Council, 8 September, 1837. Reviews the case
and recommends that Happy should be given an opportunity to clear
himself of the charge against him. Urges that the Lieut.-Governor
should request instructions with respect to the question of fugitive
slaves. p. 177
(11) Petition from the inhabitants of Niagara. Prays that
if it be possible to do so Solomon Mosely, fugitive slave, should be
released. If not, that the case should be referred to the British
Government. p. 181
(12) Petition of the coloured residents of Niagara.   Prays that
j Solomon Mosely, a fugitive slave, should not be surrendered,    p. 183
(13) Reply of the Lieut.-Governor to the address. Gives the
reason for which Le must surrender Solomon Mosely. p. 186
(14) Act to provide for the surrender of fugitive offenders from
j foreign countries. p. 188
(15) Opinion of J. B. Robinson [Chief Justice] with respect
to the case of Jesse Happy. Deals with the question on general
grounds. p. 192
Head to Glenelg, No. 114. [Printed.] Transmits a communica- October is
tion from Peter Jones, a Methodist missionary, who has proceeded Toront0'
to England with a petition from the Indians of the Credit River,
praying that their lands should not be taken from them, but that
their chiefs may continue to exercise the power of dividing them,
[ as their people in council may think fit. Denies that there is any
, disposition in Upper Canada to deprive the Indians of their lands.
Reviews the career of Jones, and states that his own constant policy
has been to prevent designing persons from securing control of Indian
lands. Requests that Jones should be referred to the Government
of Upper Canada. p. 200
Enclosed:
(1) Jones to John Joseph, Toronto, 10 November, 1837.
[Printed.] States that he is the agent of the Mississagua Indians
of the Credit River, and that he is proceeding to England with their
petition. States that his object is to obtain a public instrument
which will be an express recognition of their lands, and of the power
to divide them as they wish, as well as to procure the payment of
arrears due to them. P- 201A 110 PUBLIC ARCHIVES Q. 398, pt. 1
1837 (2) Petition  of  the  Mississagua  Indians    [Chippewa   Tribe],
River Credit, 4 October, 1837.    [Printed.] p. 202
(3) Power   of   Attorney   from   the   Indians   to   Peter Jones,
4 October, 1837.    [Printed.] P- 202A
October is, Head to Glenelg,  No.   115.    Transmits copy of a memorial
Toronto. frQm w R Jarvigj sheriff of the Home District.    States that Jarvis'
statements are substantially correct, as far as they go. Points out
that if this claim is granted, a similar one will be made by John McLean
who recently resigned as sheriff of the Midland District. Discusses
the grounds upon which Jarvis claims a continuance of the salary
allowed to that office at its inception, but discontinued in 1831 when
no provision was made for it by the Legislature, following the surrender
of the duties levied at Quebec under 14 Geo. Ill, cap. 88. Points
out that Jarvis has been paid 12/6 per day for attendance at the
Court of King's Bench. p. 203
Enclosed:
(1) Memorial of W. B. Jarvis, Toronto, 19 August, 1837. p. 207
(2) Reference of Council, 22 August, 1837. p. 210
(3) Minute of Council recommending that this memorial should
be referred to the Secretary of State. p. 210
(4) Opinion of J. B. Robinson, Chief Justice, 21 August, 1837. '
Maintains that Jarvis has a claim for consideration. p. 211
October 23, Head to Glenelg, No. 116.   Acknowledges despatch No. 205,
of 25 July, with respect to the application of J. H. Dunn, to be
knighted. Gives reasons for which he considers it inadvisable to
confer this distinction upon a colonist. If this honour was to be
granted, J. B. Robinson, the Chief Justice, has a claim to first consideration. States that there are many persons whose names
should be submitted prior to that of Dunn, who as one of the
members of the late Executive Council, involved the province in a
struggle which threatened to separate it from the mother country.
p. 213
October 25, Head to Glenelg, No. 117.    Transmits copy of a letter to Sir
John Colborne, in which it is stated that no military force is required
in Upper Canada, except one company to be stationed at Bytown,
in order to protect the inhabitants of that place from Lower Canadian
lumbermen and boatmen who have been in the habit of committing
acts of aggression. p. 217
Enclosed:
Head to Colborne, 17 October, 1837.
p. 218
Glenelg to Head, No. 238. Acknowledges despatch No. 99,
of 10 September, and expresses his sense of the public inconvenience
which will result from so abrupt a termination of Head's term of
office. States the reasons for which Head's resignation will not be
laid before the Queen until the Cabinet shall have been consulted.
Refrains from discussing the topics adverted to by Head. p. 14 Q. 398, pt. 1
REPORT FOR THE YEAR 1943
Head to Glenelg, No.  118.    Acknowledges despatch No. 214,       1837
of 3 August, 1837, and states that he is in accord with the reasons Toronto26,
given for the refusal of CapreoPs proposal respecting the engraving
of his portrait.    Declares that Capreol had no authority to make
such a request. p. 219
Glenelg to Head, No. 242.    Acknowledges despatches Nos. 100, Novembers,
and 101, of 11 and 15 September, enclosing the answers of C. A. DowmngSt-
Hagerman, the Attorney General, to the inquiries made in Glenelg's
despatch No. 200, of 14 July, 1837.    States that in view of Hager-
man's explanations it has been decided to confirm his appointment
as Attorney General. p. 20
Unsigned  to  A.   Y.   Spearman   [Secretary  to  the  Treasury]. November 13.
[Draft.]    Transmits copy of Head's despatch No. Ill, of 29 Septem- [Colonial Dept-]
ber, together with the draft of the reply which Glenelg intends to
return thereto.    Points out Glenelg's intention to approve of Head's
action with respect to the suspension of specie payments.    [Enclosures
not  at this  place.] p. 142
Glenelg to Head, No. 244.    Acknowledges despatch No.  102, November 15,  «
of 16 September, with the documents relating to the establishment DowmngSt-
of rectories, and states that he will refrain from expressing an opinion
thereon until the report of the Archdeacon of York shall have been
received. p. 29
Unsigned to J. Backhouse [Secretary to the Foreign Office]. December 6.
[Draft.] Transmits copy of Head's despatch No. 112, of 8 October, [ColoDial Dept']
and requests Palmerston's opinion as to the instructions which
should be given with respect to cases of fugitive slaves. Discusses
the points which must be considered. Gives Glenelg's views of the
case of Jesse Happy. Suggests that the legal points might be referred
to the law officers, and that decision as to the supposed discretionary
power of the Lieut.-Governor should be suspended until it shall
have been determined as to whether such a power exists. p. 155
Series Q. Vol. 398, pt. 2
LIEUT.-GOVERNOR SIR FRANCIS BOND HEAD, 1837
p. 648A.]
Head to Glenelg, No. 120.    [Printed.]    Refers to his despatch g™*"8
No. 120, of 18 October, and transmits further documents relating
to the mission of Peter Jones. p. 224
Enclosed:
(1) Mississagua Indians to S. P. Jarvis [Superintendent of
Indian Affairs], Colborne on Thames, 24 October, 1837. [Printed.]
Protest against Peter Jones, and deny that he is their agent.
Request the removal of Waldron. p. 225
(2) Indians to Jarvis, Purbrooke, Medonte, 4 September, 1837.
[Printed.] Acknowledge £150 sent for the Indians of Coldwater
and Orillia, and request that payments be only made to authorized
agents. P- 225 Q. 398, pt
Head to Glenelg. Acknowledges despatch No. 47, of 15 April,
and transmits a report from R. B. Sullivan, respecting assistance
heretofore extended to the Wesleyan Missionary Society from the
casual and territorial revenue. Requests instructions as to the
extent to which such assistance should be continued, in order that
no delay may ensue on the meeting of the Legislature. p. 227
p. 228
Rev. J. Stinson to Head, 20 December, 1836. Gives information
respecting the number of missions established and the cost
thereof. p. 246
(a) Statement of the manner in which the grant of £1,611. 2. 2}
has been expended, Toronto, 20 December, 1836. p. 250
(b) Amount spent on the erection and repair of mission premises, p. 254
(c) General expenses, 13 October, 1837.
p. 256
(2) Stinson to J. Joseph [Civil Secretary], Toronto, 19 September,
1837.    Transmits a letter to Head. p. 259
Sub-enclosure:
Stinson to Head, Toronto, 19 September, 1837. States the
need for continuance of the grant to the society. p. 260
Colborne to the Earl of Gosford [Governor-in-Chief]. Points
out the seriousness of the situation and urges acceptance of the offers
of assistance from Upper Canada and Montreal. Proposes to form
a company of pensioners and to station them at Isle-aux-Noix.
Reports on the activities of Dr. C. H. 0. Cote, and that either
Papineau or Dr. W. Nelson will lead the movement. p. 278
Major-General Sir John Colborne [Commander of the Forces]
to Head. Points out the necessity of taking measures against the
French population, and requests the services of five militia companies
if Lord Gosford would accept their aid. Expresses thanks for Head's
communication of 11 November, p. 272
Enclosed:
C. J. Forbes to Colborne, Carillon, 13 November, 1837. Gives
information as to the activities of disaffected persons. States the
need of taking a firm stand, and recommends the Rev. Joseph Abbott
should be appointed a magistrate with special powers and instructions, p. 274
Head to Glenelg, No. 122. Transmits the memorial of J. P. A.
Joynt. p. 262 , pt. 2
REPORT FOR THE YEAR 1943
113
Enclosed: 1837
Memorial of J. P. A. Joynt, Brantford, 11 November, 1837.
Refers to his previous memorial of 14 November, 1836, and states
the services for which he prays for a grant with which to purchase
land in Canada. p. 263
Head to Glenelg, No. 123.   Transmits copy of a communication November i,
from T. G. Ridout, cashier of the Bank of Upper Canada, with Toroitto-
respect to Glenelg's despatch No. 222, of 26 August, 1837.       p. 265
Enclosed:
Ridout to J. Joseph, Toronto, 16 November, 1837. Acknowledges letter of 13 November, and transmits statements showing the
assets and liabilities of the bank on 16 May and on 14 November,
1837. Expresses confidence in Head's policy and in the resources
of the bank. p. 266
Sub-enclosures:
(i) Statement, 16 May, 1837.
(ii) Statement, 14 November, 1837.
p. 268
p. 269
Head to Glenelg, No. 124.   [Not transcribed.   See Q. 398, pt. 3, November is,
p. 649A.] Toronto-    •
Head to Colborne.   Gives reasons which prevent him from November 20,
complying with Colborne's request for the services of Upper Canada Toronto-
militia in view of the disturbed state of Lower Canada. p. 281
Head to Glenelg, No. 125. Refers to his despatch No. 20, of November 20,
4 March, and states that as no reply as been received thereto, oranto'
he has commanded the Receiver "General to draw upon the Treasury
for £17,910, agreed to be paid for the war losses. States that he had
hoped that a measure would have been introduced into Parliament
to authorize the investment of the proceeds from the Clergy Reserves,
in provincial securities, as suggested in his despatch No. 46, of
24 April. For this reason that money has remained in the hands of the
Commissioner of Crown Lands, and has been employed to take up
the bills upon the Treasury for the £17,910. p. 285
Sub-enclosure:
R. B. Sullivan [Commissioner of Crown Lands] to ,
18 November, 1837. Reports that he has paid £l,5Q0, to the
Bank of Upper Canada in exchange for bills on the Treasury for the
sum to be paid for the war losses. p. 287
Head to  Glenelg,   No.   126.   Transmits  a memorial from— November 24,
Claus,    addressed   to   the   Treasury.   [Enclosure   not   at   this   0T<m
place.] p. 289
Head to Glenelg,  No.   127.   Transmits a pamphlet entitled §™*^f»
"The Correspondence of the Hon. William Morris with the Colonial hoIsT*1611
Office, as the delegate from the Presbyterian body in Canada",
together with a letter from the Civil Secretary to the Moderator
of the Presbyterian Synod.   Points out the inconvenience which 114
PUBLIC ARCHIVES
Q. 398, pt. 2
has arisen from privileges given to Morris in the Colonial Office, and
requests that the language should be compared with the accusations
made against the Attorney General and the Solicitor General, from
the effects of which those two offices continue to suffer. p. 290
Enclosed:
(1) Pamphlet consisting of the following documents respecting
the delegation to England to protest against the endowment of the
rectories and to maintain the right of the Church of Scotland to equal
status with the Church of England. These documents are embodied
in a narrative:
Sub-enclosures:
(i) Report of the meeting of delegates from the different
Presbyterian congregations, in connection with the Church of Scotland, Cobourg, 14 and 18 April, 1837. p. 292 i
(ii) Address to the King, Cobourg, 17 April, 1837. Complains
of disabilities and of the establishment of the rectories. Prays that
the synods may be made into corporate bodies. p. 302
(iii) W. M. Gorrie [Secretary of the Corresponding Committee
of St. Andrew's Church] to Morris, Toronto, 6 April, 1837. Requests
that Morris should act as agent to Great Britain, from the Cobourg
convention. p. 306 \!
(iv) Morris to Dr. Telfer, [Delegate from St. Andrew's Church,
Toronto].    Consents to act as agent. p. 307
(v) H. Scobie [Secretary of the Convention at Cobourg], Toronto,
19 April,  1837.    States that Morris has been appointed agent to   ;
Great Britain.    His commission, as well as the address  and  thft? 1
petition to Parliament, will be transmitted to him. p. 309
(vi) Morris to Scobie, Perth, 25 April, 1837. Acknowledges
his appointment and states that he will leave on. Friday next.
Transmits copy of a note to J. Joseph, Private Secretary to the
Lieut.-Governor. p. 309
Enclosed in sub-enclosure:
Morris to Joseph, Perth, 25 April, 1837. States that he will
go to England as agent for the Presbyterian congregations in communion with the Church of Scotland. p. 311
(vii) F. A. Harper to Morris, Kingston, 22 April, 1837.
Transmits the petitions and requests that an acknowledgment be
sent to Rev. W. Rintoul, the convenor of the Commission of the
synod. p. 312
p. 313
(viii) Commission to Morris, 17 April, 1837.
(ix) Morris to Rev. — McLeod, D.D., Liverpool, 29 May, 1837.
Requests assistance in the execution of his mission. p. 314
(x) Morris to J. Stephen [Under Secretary], Colonial Office,
1 June, 1837. States the object of his mission and requests an
appointment. p. 317 Q. 398, pt. 2
REPORT FOR THE YEAR 1943
(xi) Morris   to   Glenelg,   Tavistock   Hotel,
1 June, 1837.    Requests an interview.
Covent
Garden,
p. 320
(xii) Sir George Grey [Under Secretary] to Morris, Colonial
Office, 2 June, 1837.    Grants an interview for 3 June. p. 321
(xiii) Morris to Glenelg, Tavistock Hotel, 5 June, 1837. States
the case of the Church of Scotland. Offers to call with the petitions
and requests that Glenelg will present that one which is addressed
to the House of Lords. Requests copy of the letter preparing for
Doctors Macfarlane and Black, with respect to the churches in
Canada, which was read to him by Sir George Grey, on 3 June.   p. 324
(xiv) Glenelg to Morris, Downing St., 5 June, 1837. Grants an
interview for 7 June. p. 329
(xv) Morris to Glenelg, Tavistock Hotel, 6 June, 1837. Acknowledges appointment for 7 June. p. 328A
(xvi) Morris to Rev. W. Rintoul [Convenor of the Commission
of Synod], Tavistock Hotel, 6 June, 1837. Reports the progress of
his mission. p. 329
(xvii) Glenelg to Morris, Downing St., 6 June, 1837. Postpones
the interview promised for 7 June, until half-past four of that
day. p. 331
(xviii) Memorandum of what took place at the interview with
Glenelg, 7 June, 1837. p. 331
(xix) Morris to Glenelg, 66 Jermyn St., 13 June, 1837. Discusses the charter of King's College, and requests that the Church
of Scotland should have a voice in the college council; a certain
number of professors from the Scottish universities; and endorsement
of the proposal that a theological professor of the Church of Scotland
should be appointed. p. 333
(xx) Morris to Glenelg, 66 Jermyn St., 17 June, 1837.
to be informed as to whether Glenelg will consent to present the
petition to the House of Lords. p. 337
(xxi) Glenelg to Morris, Downing St., 17 June, 1837.
an interview for 19 June.
Grants
p. 338
(xxii) Memorandum of what took place at the interview with
Glenelg, on 19 June. p. 338
(xxiii) Grey to Morris, Downing St., 19 June, 1837. Acknowledges letter to Glenelg, of 13 June, and states that the act respecting
King's College had only reached the department a few days ago.
If it should receive the Royal Assent, Glenelg would consider the
suggestions respecting a theological professor. p. 339
(xxiv) Morris to Grey, 66 Jermyn St., 21 June, 1837. Acknowledges letter of 19 June, and states that the object of his letter of
13 June, had been to prevent the approval of the act respecting
King's College, until the rights of the Church of Scotland had been
protected. Quotes from the Montreal Gazette to prove that the act
is opposed to the general wishes of the people. p. 341
(xxv) Report of what took place at an interview with Glenelg,
22 June,  1837. P- 343 116 PUBLIC ARCHIVES Q. 398, pt. 2
1837 (xxvi) Morris to Glenelg, 66 Jermyn St., 26 June, 1837.    States
that in his opinion, only the two national churches are entitled
to- share in the Clergy Reserves, but as a matter of justice, proposes
that they should be divided into three equal parts, (1) for the Church
of England, (2) for the Church of Scotland, and (3) for other deserving
bodies of Christians. P- 345
(xxvii) Morris to Glenelg, 66 Jermyn St., 30 June, 1837.
Requests to be informed as to whether Glenelg will present the
petition to the House of Lords. p. 350
(xxviii) Memorandum of what took place at an interview with
Glenelg, 3 July, 1837. p. 351
(xxix) Grey to Morris, Downing St., 1 July, 1837. Gives reasons
why it is unlikely that the Royal Assent will be refused to the act
respecting King's College. p. 352
(xxx) Grey to Morris, Downing St., 6 July, 1837. Acknowledges letter of 29 June, addressed to Glenelg and states that the
question of the distribution of the Clergy Reserves has been confided
to the provincial legislature, and will not be withdrawn from the
jurisdiction of that body, unless it should request the intervention
of Parliament. p. 355
(xxxi). Memorandum of what took place at an interview with
Glenelg, 11 July, 1837. p. 357
(xxxii) Morris to Glenelg, 66 Jermyn St., 13 July, 1837. Ack- '
nowledges Grey's letters respecting King's College and the Clergy
Reserves. Discusses these questions and prefers complaints of the
ill-treatment accorded to the Church of Scotland. Requests that
instructions should be issued to remedy the situation in which this
church is placed. p. 359
(xxxiii) Memorandum of what took place at an interview with
J. Stephen [Under Secretary] on 14 July, 1837. p. 366
(xxxiv) Morris to Glenelg, 66 Jermyn St., 17 July,. 1837.
that he will sail on 24 July, and requests consideration of a letter
received from Rev. W. Rintoul, Moderator of the Synod of
Canada. p. 367
Enclosed in sub-enclosure:
Schedule contained in a letter from Rintoul to Morris.    Analysis
of the state of the Church of Scotland in Canada. p. 368
(xxxv) Appendix to the schedule, being notes on the various
columns. p. 369
(xxxvi) Morris  to   Stephen,   Colonial   Office,   20  July,   1837.
Requests an answer to his last letter. p. 374
(xxxvii) Stephen to Morris, Downing St., 21 July, 1837.   Transmits copy of a letter from Glenelg to Head. p. 375
Enclosed in sub-enclosure:
Glenelg to Head, July, 1837.  Transmits the petition from the
Church of Scotland and copies of two letters addressed to Morris. Q. 398, pt. 2 REPORT FOR THE YEAR 1943 1
States that the rights of the Church of Scotland will be maintained,       1837
but considers that instructions are not necessary as Head's zeal
has been proved. p. 376
(xxxviii) Head to the Synod, 1 September, 1837. States that
the law officers have decided that the endowment of the 57 rectories
was not legal, but that Glenelg has required a report on this subject
in case there should be some mistake. Proceedings will be suspended
in the meantime. Glenelg is of opinion that the claim of the Church
of Scotland for preferential treatment rests upon an assumption,
not proved as yet, that the Church of England has a lawful title
to the endowments. p. 379
(xxxix) Memorial of Synod to Glenelg, 6 September, 1837.
Protests against the reference to the Archdeacon of York and to the
Bishop of Montreal, with respect to the rectories, and maintains
that the privileges of that church are a violation of the rights of
the Church of Scotland. p. 381
(xl) Morris to Rev. Alexander Gale [Moderator of Synod],
Perth, 7 September, 1837. Claims that Head's letter to the synod,
1 September, 1837, is a revelation of only part of his instructions
and that it gives a wrong impression. p. 385
(xli) Morris to Gale, Perth, 14 September, 1837. Criticizes
the attitude taken by Head and approves of the appeal to Glenelg.
Denies that orders issued by a previous Colonial Secretary could
bind the successors of the Governor to whom they were
addressed. p. 388
(xiii) Gale to J. Joseph, Hamilton, 20 September, 1837. Requests a copy of the despatch from Glenelg to Head, containing the
opinion of the law officers respecting the rectories. p. 391
(xliii) Joseph to Gale, Government House, 25 September, 1837.
Acknowledges letter of 20 September, and states that Head declines
to furnish a copy of the despatch requested therein. p. 393
(2) Joseph to Gale, Government House, 10 November, 1837.
Draws attention to the above pamphlet and transmits copy of
Glenelg's despatch of 6 July, 1837, respecting the rectories. Regrets
that the Presbyterians should have published such statements and
trusts that on comparison of the despatch, with the letter which he
addressed to the synod, on 1 September, they will observe their
error. p. 396
Head to Glenelg, No. 128.    Transmits a printed copy of the Novembers
Journals of Assembly for the summer session.    [Enclosure not at   orono'
this place.] P- 401
Head to Glenelg, No. 131.    Transmits a copy of the Appendix November 21
to the Journals of Assembly, 1836-37. p. 413
Head  to   Glenelg,   No.   129.    Acknowledges   despatches  Nos. November 31
211-233,   of  August-September,   and  three  circular  despatches  of
August, 30 September, and 5 October, 1837. p. 402
Head to Glenelg, No. 130.    Acknowledges despatch No. 233, N«v«gw»
of 30 September, and states that R. B. Sullivan's report on the aid -
Q. 398, pt. 2
to be afforded to the Wesleyan Missionary Society was forwarded
on 10 October. Relates steps taken to assist that body, and gives
his views with respect to the advisability of granting assistance to a
body so constituted. Makes particular reference to the attempt
to obtain control over the temporalities of the Indians p. 403
Head to Glenelg, No. 132. Gives an account of the attaim
upon Toronto, the flight of Mackenzie and the efforts of Mackenzie
to organize an invading force in the United States. Explains his policy
throughout, and states that the people are so disgusted with Mackenzie that he is confident that every man in the province would assist
in repelling an invasion should it take place. Castigates James
Stephen as a Republican. p. 415
General Order, 4 December, 1837. [Printed.]
States that the troops will winter in Lower Canada, and calls upon
the militia to be ready to protect the province should any emergency
arise. p. 438
(2) Proclamation offering £1,000 reward for the capture of
W. L. Mackenzie, and £500 for the capture of David Gibson, Samuel
Lount, Jesse Lloyd, or Silas Fletcher, 7 December, 1837.
[Printed.] p. 438A
(3) Message of the Lieut.-Governor, 8 December, 1837.
[Printed.] Thanks the militia for services, and states that there
appears no further reason for the resort of militia to Toronto,  p. 438A
(4) Militia General Order, 9 December, 1837. [Printed.]
States the necessity for militia service and permits the formation
of Independent Volunteer Companies. p. 439
(5) Order that no officer should release any person taken in
arms or arrested on suspicion of treasonable practices, 10 December,
1837.    [Printed.] p. 439
(6) Notice,   11   December,    1837.    [Printed.]   States   that   a;
commission has been appointed to examine all persons accused of
treason, etc.    All persons wishing to give information on this subject
are directed to report to the Vice-Chancellor, R. S. Jameson, who
heads this body. p. 439
(7) Proclamation offering £500 reward for the apprehension
of Dr. John Rolph, 11 December, 1837.    [Printed.] p. 439
(8) Proclamation,   Toronto,    11   December,
Convenes the Legislature to meet on 21 December.
1837.
[Printed.]
p. 439
(9) Order to cease making arrests except in the case of notorious
offenders, Toronto, 14 December, 1837.    [Printed.] p. 439A
(10) Proclamation offering a reward of £500 for the arrest of
Dr. Charles Duncombe; £250 for the arrest of Eliakim Malcolm,
Finlay Malcolm, or Robert Alway; and £100 for the arrest of	
Anderson, said to be a captain, or Joshua Doan, 16 December, 1837.
[Printed.] p. 439A
(11) Extracts from the Patriot, 22 December, 1837.
of accounts of events and of documents as follows:
Consists Q. 398, pt. 2
REPORT FOR THE YEAR 1943
119
(i) Handbill circulated in Vermont, 5 December, 1837.    Sum-       1837
mons a meeting of the friends of Canadian patriots. p. 440
(ii) Account of events in Lower Canada. p. 442
(iii) Intelligence received from Lower Canada. p. 445
(iv) Destruction of St. Eustache. p. 446
(v) Postcript of late news from Lower Canada. p. 449
(vi) Address to the Citizens of Erie County from the Mayor and.
140 leading men of Buffalo, against giving assistance to illegal organization of an invading force. p. 452
(vii) Petition from the followers of Dr. Duncombe, in the
township of Norwich, confessing the fault into which they had been
deluded, addressed to Col. Allen Napier MacNab. p. 458
(viii) J. Joseph to MacNab, Government House, 18 December,
1837. Directs that in view of the statements made by the petitioners
from Norwich, only those who have committed acts of violence are
to be kept in custody. [These extracts continued in Q. 398,
pt. 3.] p. 458
Unsigned  to   A.   Y.   Spearman   [Secretary  to  the  Treasury]. Marchl3.
[Draft.]    States the circumstances under which Head had issued ICoioniai Dept.
£600 to the Wesleyan Missionary Society, and requests that this
should be sanctioned. p. 410
Series Q. Vol. 398, pt. 3
LIEUT.-GOVERNOR SIR FRANCIS BOND HEAD, 1837
1837
Head to Glenelg, No. 100.    [Printed.]    Transmits   copy   of   a September n,
letter from  C.  A.  Hagerman,  respecting charges brought against Toronto-
him for opposing government policy on the Clergy Reserves,    p. 645
Enclosed:
C. A. Hagerman to J. Joseph [Civil Secretary], Toronto,
7 September, 1837. [Printed.] Acknowledges letter of 7 September,
and states that the charge brought against him was based upon
a notoriously incorrect and exaggerated newspaper report of a debate
in the Assembly. Denies that he has ever opposed government
policy on this question, and states his complete accord with that
policy. . P- 645
Head  to   Glenelg,   No.   101.    [Printed.]    Transmits  a  second September 15,
letter from Hagerman with respect to the delay in the confirmation   oronto-
of appointment as Attorney General.    Refers to his despatch No. 99,
of 10 September, in which he gave his opinion of Hagerman's official
conduct. P- 645A
Enclosed:
Hagerman to [Joseph], Toronto, 12 September, 1837. [Printed.]
Expresses his mortification at the delay in confirming his appointment. States his services and transmits extracts from the Journals
of Assembly, to prove that he has given consistent support to government policy. P- 645A PUBLIC ARCHIVES
Q. 398, pt. 3
Sub-enclosures:
(i) Extract, 5 February, 1836. [Printed.] Resolution expressing
thanks for the good will towards Upper Canada evinced by the
despatch of Viscount Goderich, 5 December, 1835. p. 646
(ii) Extract, 22 February, 1836. [Printed.] Resolution for
reference to the British Parliament with respect to the Clergy Reserve
dispute. P- 646A
(iii) Extract, 16 December, 1836. [Printed..] Proceedings upon
Hagerman's resolution that the proceeds of the Clergy Reserves
should be applied to the promotion of the religious and moral instruction of the people of Upper Canada. p. 647
(iv) Extract, 2 March, 1837. [Printed.] Motion of Hagerman
for leave to introduce a bill for the disposal of the Clergy Reserves, p. 647A
Head to Glenelg, No. 103. [Printed.] Transmits an address
and two memorials from the Synod of the Presbyterian Church in
communion with the Church of Scotland. p. 660
Enclosed:
Memorial, 6 September, 1837. [Printed.] Protests against the
reference of the question of the rectories, to the Bishop of Montreal ,;
and the Archdeacon of York, and complains that privileges given
to the Church of England constitute a violation of the rights of
the Church of Scotland. [For other enclosures see Q. 398, pt. 1,
p. 31.] p. 660
September 22, Head to Glenelg, No. 106.    [Printed.]   Transmits a newspaper
extract with respect to M. S. Bidwell's refusal of an appointment
as delegate to the proposed provincial convention, together with
Bidwell's published letter on that subject. States that Bid well
made no move to repudiate this nomination until news of the decision
to raise him to the bench head reached Toronto. Adheres to his
determination not to elevate Bidwell to this station. p. 647A
Enclosed:
(1) Newspaper extract,
p. 116.]
[Not transcribed.    See Q. 398, pt. I
(2) M. S. Bidwell to W. L. Mackenzie [Editor of the Constitution], Toronto, 3 August, 1837. Declines the appointment as a
delegate to the proposed provincial convention, and regrets that
his name has been used without his consent. p. 648
Head to Glenelg, No. 108. [Printed.] Transmits copy of a
letter to J. Rolph, requesting him to furnish a copy of his letter to
Glenelg on the subject of the retirement of the Executive Council.
Declares that Rolph is writhing under the verdict given upon that
subject by the Assembly. p. 648
Enclosed:
Joseph to Rolph, Government House, 21 August, 1837.
[Printed.] p. 648A Q. 398, pt. 3
REPORT FOR THE YEAR 1943
121
Head to Glenelg, No. 111.    [Printed.]    States the circumstances       1837
under which he authorized the suspension of specie payments by the |^S0ber 29,
Commercial  Bank.    Transmits  a  letter  from  the  cashier  of  the
Bank of Upper Canada respecting its financial position.    [Enclosure
not at this place.    See Q. 398, pt. 1, p. 143.] p. 648A
Head to  Glenelg,  No.   113.    [Printed.]    Transmits the report October is.
of Ven. J. Strachan, Archdeacon of York, with respect to the rectories Toronto*
endowed by Sir John Colborne. p. 660A
Enclosed:
Report. Defending the endowment of the rectories, 12 October,
1837.    [Printed.] p. 660A
Sub-enclosures:
(i) Opinion of J. Sewell [Attorney General of Lower Canada],
Quebec, 6 June, 1801, respecting the legal course to be taken for the
erection of parishes.    [Printed.] p. 664
(ii) Letters patent constituting the parish of Montreal, 12 August,
1818.    [Printed.] p. 665A
(iii) Report of the Executive Council, 9 March, 1815, respecting
the erection of parsonages.    [Printed.] p. 666A
(iv) Sir Gordon Drummond [Governor-in-Chief] to Sir Francis
Gore [Lieut.-Governor of Upper Canada], Quebec, 23 March, 1816.
[Printed.] Transmits an extract from Bathurst's despatch of
10 October, 1815. p. 667
Enclosed in sub-enclosure:
Extract, authorizing a payment to Strachan for the sum advanced
for erecting the parsonage at Cornwall, with interest thereon.
[Printed.] p. 667
(v) Earl Bathurst [Secretary of State] to W. Smith [President
of Council], Downing St., 2 April, 1818. [Printed.] Gives instructions respecting the erection of rectories. p. 667
(vi) Act relative to tithes in Upper Canada, 1823.
[Printed.] p. 667
(vii) Bathurst to Sir Peregrine Maitland [Lieut.-Governor of
Upper Canada], Downing St., 22 July, 1825. [Printed.] Gives
instructions respecting the erection of rectories. p. 667A
(viii) Report of Executive Council, 21 November, 1825,
respecting the division of the province into parishes and the erection
of rectories therein.    [Printed.] p. 667A
(ix) Resolutions of the Clergy Corporation, 4 February, 1835,
respecting the erection of rectories.    [Printed.] p. 668A
(x) Message of the Lieut.-Governor to the Executive Council,
29 June, 1835. [Printed.] Transmits papers respecting the opinion
of the law officers with regard to the erection of rectories, and requests
advice thereon. P- 668A November 24,
Downing St.
PUBLIC ARCHIVES
Enclosed in sub-enclosure:
(a) Reference   to   the   Crown
Q. 398, pt. 3
law   officers,   8   May,   1835.
[Printed.] p. 669
(b) Further reference to the Crown law officers, 26 May, 1835.
[Printed.] p. 669
(c) Opinion of C. Hagerman [Solicitor General], 4 June, 1835,
with respect to the references of 8, and 26 May. [Printed.] [The
concluding paragraph is transcribed by hand.] p. 669A
Head to Glenelg, No. 119. [Printed.] Transmits copy of a
letter to Colborne, explaining the reasons for desiring that the troops
should be withdrawn from Upper Canada during the present crisis
with Lower Canada. p. 648A
Enclosed:
Head to Colborne, Toronto, 31 October, 1837. [Printed.]
[Postcript transcribed by hand.] Observes that Col. J. Maitland
describes the "rebels" as "the patriots". This sounds harsh to
persons not accustomed to it. States that he has reason to believe
that the militia regiments will apply to form volunteer companies,
and that he will consent to this. p. 649
Head to Glenelg, No. 124. [Printed.] Transmits copy of a
letter from Sir John Colborne, together with his reply thereto. Gives
his views with respect to the disturbances in Lower Canada, and the
impossibility of the success of such a movement. Urges that all
troops should be removed from Lower Canada except those necessary
to garrison Quebec and Montreal. [P.S.] States that he has just
received a request from Colborne for the services of five militia
regiments, and gives the grounds upon which he has refused to
send them. p. 649A
Enclosed:
(1) Colborne to Head, Sorel, 5 November, 1837. [Printed.]
Points out that L. J. Papineau's agitation is acutely felt. Urges
that the militia of Upper Canada should be put upon its mettle, and
commends Head for his policy with respect to the troops. p. 652
(2) Head to Colborne, Toronto, 11 November, 1837. [Printed.]
Acknowledges letter respecting the state of Lower Canada. States
his intention to avoid a show of force, and draws attention to this
printed reply to the address from Kingston, stating that he had
no power to consent to the formation of volunteer companies, p. 652A
Glenelg to Head, No. 247. [Printed.] Replies to the charges
made in Head's despatch No. 99, of 10 September. Refuses to
reply to a subordinate with respect to the charge that he has surrendered his power to another authority. Enters into the discussion
with respect to the advisability of the colonial policy, and points
out that Head has adopted no policy but by his approval. Answers
specific complaints as to points on which he is said to have embarrassed
Head. Discusses the cases of Ridout and Bidwell and declares
that in view of Head's refusal to obey instructions, his resignation
has been accepted and that his successor will proceed to Canada
with very little delay. p. 653 Q. 398, pt. 3
REPORT FOR THE YEAR 1943
Sir George Arthur [Lieut.-Governor of Upper Canada] to Glenelg.       1837
States that he will be prepared to leave by the first opportunity after 2whf 9>.
20 December, and trusts that a settlement will be reached by that ciub.   CT
date, with respect to the questions of the rectories and the terms
upon which the offer to surrender the Crown Revenues should be made
to the Legislature of Upper Canada.    Gives his views with respect
to those questions.-  Requests that his appointment as a Major-
General on the Staff should be communicated to the Commander
of the Forces. p. 622
Arthur to Sir George Grey [Under Secretary].    Acknowledges December is,
letter of 14 December, with a memorandum respecting John Snatt, London-
Jr., and states that on arrival in Upper Canada, he will enquire as to
Snatt's whereabouts. p. 625
Arthur to Glenelg.    States the expenses to which he has been December is,
put, and the inadequacy of the salary of the Lieut.-Governor.    Re- London-
quests to be exempted from the payment of the stamp duty on
his  commission,   and  that  the  amount  of  the  salary  should  be
fixed. p. 626
Continuation of enclosure No. 11, in Head to Glenelg, 19 De- December 19.
cember, 1837 [See Q. 398, pt. 2]:
(ix) MacNab to Head, Scotland, 14 December, 1837.
the dispersal of the armed forces in the London District.
Report
p. 460
(x) MacNab to Col. F. Halkett, A.D.C., Oaklands, Scotland,
15 December, 1837. Reports the dispersal of the armed forces
in the London District. p. 463
(xi) Halkett to MacNab, Government House, 18 December,
1837. Acknowledges despatch and expresses Head's satisfaction
at the dispersal of the armed forces in the London District.        p. 465
(xii) MacNab to Col. Jonas Jones, Sodom, Norwich, 18 December, 1837. Reports the dispersal of the armed forces in the London
District. States that he will leave for Oxford, and that R. Alway,
M.P.P., has been arrested.
(xiii) MacNab to Jones, Ingersol, 19 December, 1837.
1 further report as to his movements, and as to arrests made.
p. 467
Gives
p. 470
Report
p. 472
of   the
p. 474
(xiv) Magistrates of Barrie to Head, 14 December, 1837.
as to measures taken upon news of the outbreak.
(xv) Reply   of   the   Lieut.-Governor   to   the   report
magistrates of Barrie, Government House, 16 December, 1837.
(xvi) Letter from the officer in pursuit of Duncombe to the
Editor of The Patriot, Burford, 15 December, 1837. p. 475
(xvii) Comment on the attitude adopted by the Monroe Democrat. P- 478
(xviii) Report of a meeting of the officers of the 2nd Regiment
of Dundas Militia, Mathilda, 12 December, 1837, with the reply
of the Lieut.-Governor thereto. p. 484
(xix) Proclamation published by W. L. Mackenzie, Navy
Island, 13 December, 1837. Constitution of a provisional government. P- 488 124
PUBLIC ARCHIVES
Q. 398, pt. 3
1837 (xx) Affidavit of T. Darling, stating that he has had no part
in the movement sponsored by Mackenzie, who has made unwarranted use of his name, Buffalo, 13 December, 1837. p. 499
(xxi) Report of a meeting of the corporation of Buffalo, at which
the disturbances in Upper Canada were discussed.                     p. 501
(xxii) Magistrates of the Niagara District to the Mayor and
Aldermen of Buffalo, Fort Erie, 13 December, 1837. Request
communication on frontier activities. p. 503-
(xxiii) J. Trowbridge [Mayor of Buffalo] to W. H. Merritt
[Magistrate], Buffalo, 14 December, 1837. Acknowledges letter of
13 December, and states that they have no authority to give assistance, but they will do all in their power to avoid cause of offence
being given.    [A similar letter to Ogden Creighton, p. 506.]     p. 505
(xxiv) Further particulars of the affair at Mississquoi Bay.   p. 507
(xxv) Report on those placed in prison. p. 515
(xxvi) Report of sale of prizes including a steam engine erected
on Dr. Wolfred Nelson's premises. p. 516
(xxvii) Copy of the comment of the Buffalo Daily Journal,
with respect to the Rebellion. p. 517
(xxviii) Further reports on events. p. 525
(12) Extracts from The Constitution, 29 November, 1837:—
(i) Address to Farmers and Landowners, 21 November,
1827. p. 535
(ii) The New Age: A Free and Legislative People. p. 545
(iii) Report of a meeting of the Political Unions of Uxbridge,
Pickering, and Markham, 11 November, 1837. p. 557
(iv) Notice respecting the Provincial Convention which will
meet on 21 December, 1837. p. 562
(v) Comment on the news from Lower Canada, and discussion
as to the duty of revolt. p. 562
(vi) Letter from "U.E. Loyalists" to the Editor of The Correspondent and Advocate, Toronto, 29 November, 1837. p. 576
December 2i, Arthur to Grey.    States that he will sail on 27 December, and
1 requests the same allowance for passage money as was granted to
Head.    Gives his reasons for making this request. p. 630
December 23, Head to H. S. Fox [H. M. Minister at Washington].    Introduces
A. M'Lean, late Speaker of the Assembly, and now a judge, who has
been sent to explain the state of affairs upon the frontier. Holds
that it is necessary for the United States Government to suppress
this movement by force of arms. p. 604
December.24, Extract of a letter from George Rykert, M.P.P., to Col. J. Jones.
s*   Gives information received from Buffalo, with respect to support
given to the Navy Island force.
p. 612
December 25,
Oak House,
Feltham.
Arthur to Grey. Transmits a memorandum with respect to
the Clergy Reserve funds. Discusses the income derived therefrom,
and states that if the capital of the fund was to be transferred to the Q. 398, pt. 3
REPORT FOR THE YEAR 1943
province, the purchase money paid up, and the land now leased,
were to be sold, these funds would meet all existing claims while
large tracts would still remain. p. 632
Enclosed:
Memorandum.
p. 635
Head to Colborne.    Describes conditions upon the frontier and December 26,
gives reasons for which he considers it inadvisable to attack Navy Toronto>
Island. p. 606
Arthur to  Grey.    States,  with reference to Grey's letter of December 26,
23 December, that the experience of Colborne and Head has shown London-
that the salary of the Lieut.-Governor is inadequate. p. 638
Arthur to Glenelg.   Urges that in view of the need for immediate December 26,
organization of the militia, two or three able officers should be London-
appointed.   States the advantage of making one such appointment
under the guise of a military secretary who would accompany him
to Upper Canada. p. 639
Glenelg to Arthur, No. 4.    [Printed.]    Gives instructions with December^,
respect to the Clergy Reserves and to the rectories.
p. 642
Head to Glenelg, No. 133. [Printed.] Transmits copy of the December28,
speech with which he opened the session of the Legislature, together oront0,
with copies of documents showing that the Rebellion has been put
down. States that the facts contained therein have been communicated to the Earl of Gosford, to Sir John Colborne, and to H. M.
Minister at Washington. 2,000 men have been stationed on the
frontier, and arrangements have been made for calling out the
militia, in case of necessity. Requests that every assistance should
be given to the Commander of the Forces. p. 595
Enclosed:
(1) Speech, 28 December, 1837.    [Printed.] p. 595A
(2) Proclamation of W. L. Mackenzie offering land and pay to
volunteers, Navy Island, 19 December, 1837.    [Printed.]     p. 597A
(3) Head to W. T. Marcy [Governor of New York], Government
House, 13 December, 1837. [Printed.] Reports the existence of
armed bands and the calling of meetings in Buffalo, and expresses
confidence that the United States authorities will restrain these
citizens. p. 597A
(4) Head to Marcy, Government House, 23 December, 1837.
[Printed.] Introduces Hon. A. M'Lean, late Speaker of the Assembly,
who will report to him as to the activities of the party under R.
Van Rensselaer, and on any other matter upon which information
is required. P- 598
(5) MacNab to Jones, 24 December, 1837, [See Q. 398, pt. 3,
p. 467] and MacNab to Lieut.-Colonel K. Cameron [Assistant
Adjutant General], Hamilton, 24 December, 1837. [Printed.]
States that he has been ordered to proceed to the Niagara frontier,
and that he will have 500 to 600 men and 70 to 80 troopers. Requests
that arrangements will be made. p. 598A 126 PUBLIC ARCHIVES Q. 398, pt. 3
1837 (6) MacNab to Col. W.  Chisholm,  Hamilton, 24 December,
1837. [Printed.] Requests that immediate measures be taken
for securing the services of those captains of schooners and seamen
who offered to be of assistance, and that sleighs will be forwarded
to aid the march to the Niagara frontier. Pikes will be furnished.
All available forces will go to Niagara. Awaits volunteers under
Colonel Chalmers. p. 598A
(7) Head to Marcy, Toronto, 24 December, 1837. [Printed.]
Transmits a letter from Chalmers respecting Van Rensselaer's
forces and the state of the frontier. p. 599
Sub-enclosure:
Cameron to the Adjutant General of Militia, Chippewa, 23
November, 1837.    [Printed.] p. 599
(8) Petition from Norwich to Col. A. MacNab. [See Q. 398,
pt. 2, p. 458.]
(9) Reply of the Lieut.-Governor to the petition from Norwich.
[See Q. 398, pt. 2, p. 458.]
(10) MacNab to Head, Scotland, 14 December, 1837. [See
Q. 398, pt. 3, p. 460.]
(11) MacNab to Halkett, Oaklands, 15 December, 1837. [See
Q. 398, pt. 3, p. 463.]
(12) Halkett to MacNab, Government House, 18 December,
1837.    [See Q. 398, pt. 3, p. 465.]
(13) MacNab to Jones, Sodom, 18 December, 1837. [See
Q. 398, pt. 3, p. 467.]
(14) MacNab to Jones, Ingersol, 19 December, 1837. [See
Q. 398, pt. 3, p. 470.]
(15) Magistrates of Barrie to Head, 14 December, 1837. [See
Q. 398, pt. 3, p. 472.]   .
(16) Head to the Magistrates of Barrie, 16 December, 1837.
[See Q. 398, pt. 3, p. 474.]
December 30, Head to Glenelg, No.  134.    Transmits an address from the
Toronto. United Presbyterian Synod. p. 617
Enclosed:
Address to the Queen on her accession to the throne and praying i
that she will grant her protection to that church,  26  Octdber,
1837. p. 618
December 30, Glenelg to Head, No. 259.    [Printed.]   Acknowledges despatch
DowningSt.     Na 124> 0f ig November, and expresses thanks for the views which
he had stated with respect to the state of the province.    Events
have  made   these  views  inapplicable.   Approves   of  the   answer
returned to Sir John Colborne, respecting the militia. p. 659
December 30, Glenelg to Arthur, No.  11.    [Printed.]   Gives instructions as
Dowmng t.     ^Q ^ gtepg ^0 foe taken respecting G. Ridout's appeal against his
removal from office. p. 659A REPORT FOR THE YEAR
Series Q. Vol. 399
LIEUT.-GOVERNOR SIR FRANCIS BOND HEAD, 1837
Glenelg to  Head,  No.  99.    [Printed.]    Transmits  copy  of a September 22,
letter from Dr. C. Duncombe, detailing charges against Head for Downing st.
his conduct during the recent election, together with the answer
returned thereto. p. 2
Enclosed:
(1) Duncombe to Glenelg, 3 Northumberland Court, 20 September, 1836.    [Not transcribed.    See Q. 399, p. 28.]
(2) Unsigned [Under Secretary] to Duncombe, Downing St.,
21 September, 1836.    [Not transcribed.    See Q. 399, p. 30A.]
Col. J. Fitzgibbon to J. Joseph [Civil Secretary].    Transmits February 6,
copies of the documents contained in the Appendix to the Report £■&&'■
of the Select Committee on Duncombe's petition.    Explains that 0ffice-
only parts of the return of patents and of the descriptions of patents
could be copied or printed in the required time.    Begs that the time
element should be considered should typographical errors be found.
Considers it improbable that the Appendix will be entirely printed
before the end of the next three weeks.    [Enclosures not at this
place.] p. 5
Parliamentary Paper, Command No. 271, Upper Canada.   Papers May 3.
Relating   to   Sir   Francis   Bond   Head.    [Printed.]    This   consists
of the correspondence and report upon Duncombe's petition:    p. 11
No. 1. Head to Glenelg, Toronto, 4 February, 1837. Answers
the charges preferred against him. p. 12
No. 2. Report of the Select Committee with Appendix, printed
by order of the House of Assembly. The following documents are
contained in the Appendix:— p. 17
(1) Message of Head to the Assembly, 15 November, 1836.
Transmits a copy of Duncombe's petition to the House of Commons,
and states that he regards this as an invasion of the privileges of the
Assembly. p. 26
(2) Petition of Duncombe. p. 26
(3) Address of Assembly to Head, 14 November, 1836. Prays
for copies of any communications from the Secretary of State in
reply to the address to the King, during the last session, or with
relation to representations made by individuals in their public or
private capacities, relating to the affairs of the province.        p. 26A
(4) Head to Assembly, 16 November, 1836. Promises to lay
documents before them. p. 27
(5) Head to Assembly. Transmits papers requested by the
address of 14 November. p. 27
(6) Extracts:—
(a) Extracts of a despatch from Glenelg to Head, Downing St.,
20 July, 1836. Discusses the struggle with the late Assembly and
approves of the stand taken by Head, particularly with respect
to the resignation of the Executive Council. p. 27 128 PUBLIC ARCHIVES Q. 399
1837 (b) Extracts of a despatch from Glenelg to Head, Downing St.,
8 September, 1836. Expresses satisfaction at the success of Head's
appeal to the people of Upper Canada. States that Duncombe's
petition has been presented to the House of Commons. Sir George
Grey has denied the allegations, and has pledged that a satisfactory
answer will be given thereto, by Head. p. 26A
(c) Extracts of a despatch from Head to Glenelg, Toronto,
16 July, 1836. States that as a result of the elections, the discontented element have assembled and intend to appeal. This appeal
will be conducted by Duncombe. Trusts that this unconstitutional-
practice will be discountenanced. p. 26A
(7) Glenelg to Head, Downing St., 22 September, 1836. Transmits Duncombe's letter, together with the reply returned thereto, p. 28
Enclosed:
(i) Duncombe to Glenelg, 3 Northumberland Court, Charing
Cross, 20 September, 1836. Outlines abuses in the colonial system
and makes specific charges against Head. p. 28
(ii) J. Stephen [Under Secretary] to Duncombe, Downing St.,
21 September, 1836. Acknowledges letter of 20 September, addressed
to Glenelg, and states that this letter will be transmitted to Head,
for such an explanation as he may give. Replies to the complaint
that Glenelg will not conduct this business in personal interviews,
and declares that such charges must be made in writing. States
that the answer to Duncombe's appeal for confirmation of certain I
land titles is contained in another letter of this date. p. 30A
(8) Glenelg to Head, Downing St., 12 September, 1836. Transmits papers respecting the charges brought by Duncombe. p. 31
Enclosed:
(i) Sir George Grey [Under Secretary] to Duncombe, Downing
St., 20 August, 1836. Transmits copy of a letter to J. Hume, in
answer to his letter to Glenelg, respecting Duncombe's mission.
States that Duncombe must make his report in writing, when it
will be transmitted to Head for his reply thereto. [For enclosure
see p. 31A.] p. 31
(ii) Duncombe to Grey, 3 "Northumberland Court, 23 August,
1836. Acknowledges letter of 20 August, and states that he is
awaiting the arrival of more evidence.. If this shall not arrive within
a few days he will submit a statement based upon the petition,    p. 31
(iii) Duncombe to J. Stephen, 3 Northumberland Court,
3 September, 1836. Acknowledges letter of 1 September, and transmits papers referred to in his memorial. Requests an interview
with Glenelg, in order to explain some circumstances which cannot
be communicated by letter. p. 31
(iv) Stephen to Duncombe, Downing St., 5 September, 1836.
States that as Glenelg is not in town it is impossible to place
Duncombe's note of 3 September before him. p. 31
(v). Duncombe to Glenelg, 3 Northumberland Court, 5 September, 1836.    Requests an interview. p. 31A
(vi) Stephen to Duncombe, Downing St., 10 September, 1836.
Acknowledges letter of 5 September, addressed to Glenelg, and states Q. 399
REPORT FOR THE YEAR 1943
that Glenelg cannot deal with any charge that cannot be put into
writing, in order that the person accused should have a fair opportunity
to answer it. Glenelg therefore cannot grant an interview. p. 31A
(vii) J. Hume to Grey, Bryanstone Square, 19 August, 1836.
Introduces Duncombe, and states that he will introduce Duncombe's
petition into the House of Commons. p. 31A
(viii) Grey to Hume, Downing St., 20 August, 1836. Acknowledges note of 19 August, and states that Duncombe's petition has
been sent to Head in order that he may give an explanation which
he regards as necessary. If Duncombe has any statements to make
they must be in writing. p. 31A
(9) Glenelg to Head, Downing St., 20 August, 1836. Transmits
copies of correspondence with R. Baldwin. [For enclosures see
Nos. 10-12.] p. 32
(10) Baldwin to Glenelg, Trinity Court, Charing Cross, 20 June,
; 1836. Request permission to express the particulars with respect
| to the late political transactions in Upper Canada. States his
| views with respect to the Executive Council and the special circum-
f  stances which guided him. p. 32
(10—1) Stephen to Baldwin, Downing St., 28 June, 1836.   Acknowledges letter of 20 June, addressed to Glenelg, and states that
|  Glenelg will receive any communication which Baldwin cares to
make in writing. p. 32
(11) Baldwin to Glenelg, 4 Trinity Court, 13 July, 1836. Gives
I his views with respect to the political situation in Upper Canada and
I discusses the possible remedies, laying particular stress upon the
I importance of regarding the Executive Council as a provincial
j  cabinet. p. 32A
(12) Baldwin to Glenelg, 4 Trinity Court, 16 July, 1836. Points
out that all the late Council requested was to be consulted with
I reference to the officers of the province, and states, with reference
I to his letter of 16 July, that the views expressed therein were his own
I and that he could not undertake to say that all his colleagues would
1 concur to the full extent of them. p. 35
(12—1) Head to Glenelg, No. 89, Toronto, 6 November, 1836.
j Acknowledges despatches Nos. 75-77, 80, and 95, with respect to
I the charges brought against him by M. S. Bidwell, R. Baldwin,
I J. Rolph, T. D. Morrison, and C. Duncombe. Bidwell, Rolph, and
I Morrison have been requested to furnish copies of their letters.
I Gives reasons for which Bidwell has declined to furnish a copy.
Rolph has pleaded sickness in his family and promises to furnish
I a copy shortly. Morrison has accused him of a misquotation from
I the Report of Grievances, but the statement is to be found in the
I Appendix to that Report. Baldwin^ complaint based upon a
I newspaper report and a list of tunes played at public dinners, is
I open only to the observation that the other complainants would
I be the first to object to measures to curb the press, or to stifle the
I tunes. Explains that the remark "Let them come if they dare"
I was levelled at the Lower Canadian invitation to Upper Canada.
I Contends that these complaints are the result of the smart which
I is felt at the verdict given by the people of Upper Canada, and that
this type of accusation will cease, if people making accusations against
% PUBLIC ARCHIVES
Q. 399
the Lieut.-Governor are obliged to furnish that officer with a copy
of their memorials. [P.S.] Duncombe's petition will be sent to the
Assembly. P- 35A
Enclosed:
(i) J. Joseph to M. S. Bidwell, Government House, 28 September,
1836. Transmits copy of a despatch from Glenelg, directing that
Bidwell should be called upon to furnish Head with a copy of his
letter to Glenelg. p. 36
Sub-enclosure:
Glenelg to Head, No. 75, Downing St., 25 July, 1836. p. 36
(ii) Joseph to Bidwell, Government House, 21 October, 1836.
Calls attention to his letter of 28 September. p. 36
(iii) Bidwell to Joseph, Toronto, 24 October, 1836. Transmits
a letter written while on a journey, but which was not sent because
he knew that he would arrive in Toronto sooner than it could arrive
by mail. p. 36
Sub-enclosure:
Bidwell to Joseph, Hartford, 6 October, 1836. States the
general nature of his letter to Glenelg, and gives his reason for declining
to furnish a copy. p. 36A
(iv) Joseph to Rolph, Government House, 28 September, 1836.
Transmits copy of a despatch from Glenelg, directing that Rolph 1
should be called upon to furnish Head with a copy of his letter to
Glenelg. p. 36A
Sub-enclosure:
Glenelg to Head, No. 76, Downing St., 25 July, 1836.     p. 36A
(v) Rolph to Joseph, Toronto, 25 September, 1836. Acknowledges letter of 25 July.   - p. 36A
(vi) Joseph to Rolph, Government House, 21 October, 1836.
Calls attention to his letter of 28 September. p. 37
(vii) Rolph to Joseph, Toronto, 5 November, 1836. Gives the
reason for which he has not yet sent the copy of the letter. [Note.]
No communication had been received by 21 November. p. 37
(viii) Joseph to T. D. Morrison, Government House, 28 September, 1836. Transmits copy of a despatch from Glenelg, directing
that Morrison is to be called upon to furnish Head with a copy of
his letter to Glenelg. p. 37
Sub-enclosure:
Glenelg to Head, No. 77, Downing St., 25 July, 1836.       p. 37
(ix) Morrison to Joseph, Toronto, 5 October, 1836. Transmits
copy of his letter to Glenelg. p. 37
Sub-enclosure:
Morrison to Glenelg, 29 April, 1836. Complains of a misquotation made by Head in his speech on prorogation, with intent to fix
the charge of inconsistency upon the Select Committee for Grievances,
in a matter that affects himself and his constituency. p. 37 Q. 399
REPORT FOR THE YEAR 1943
(13) Glenelg to Head, No. 80, Downing St., 30 July, 1836.
Transmits copy of a letter from Baldwin respecting certain proceedings in Toronto, and requests observations thereon. p. 37A
Enclosed:
Baldwin to Glenelg, 4 Trinity Court, 26 July, 1836. Transmits
a Toronto newspaper and draws attention to the resolutions of the
Constitutional Society on appointment of places for holding elections,
to the appointment of W. J. Kerr as a returning officer, to the reply
of Head to an address upon the subject of foreign interference, and
marks the account of tunes requisitioned at public dinners, as a
practical commentary on Head's reply to the address of the Assembly
on Orange Lodges. Private correspondents give him news which
shows fear that the people will not long suffer these abuses. Complains that the use of location tickets nullifies the influence of the
freeholders.    Head's policy will cause the loss of the colony,    p. 37A
Sub-enclosure:
Report as to resentment in the United States at the intimation
that the United States would interfere with the affairs of Upper
Canada. p. 38
(14) Grey to Baldwin, Downing St., 30 July, 1836. Acknowledges letter of 26 July, and states that it will be transmitted to
Head for his observations thereon. p. 38
(15) Baldwin to Glenelg, 4 Trinity Court, 28 July, 1836.
Requests to be informed as to whether Glenelg has come to any
decision with respect to the point raised in his letter to Hume, of
14 June, which was transmitted to the Colonial Office. Feels that
the bills for the improvement of roads and lighthouses, and the
question of war losses, should not require protracted consideration, p. 38
(15—1) Grey to Baldwin, Downing St., 4 August, 1836. Acknowledges letter of 28 July, addressed to Glenelg, and states that as
Baldwin has no public or official character, Glenelg must decline
to enter into any explanation as to the intentions of the Government.
Refers him to the published despatch to Head, as explanatory of the
principles of administration of the government of Upper
Canada. • p. 38A
(16) Baldwin to Glenelg, 4 Trinity Court, 4 August, 1836.
Transmits a printed copy of an address from the Reform Alliance
Society, 14 May, 1836, in reply to Head's speech on prorogation.
[Enclosure not at this place.] p. 38A
(16—1) Grey to Baldwin, Downing St., 12 August, 1836. Acknowledges letter of 4 August, addressed to Glenelg. p. 38A
(17) Baldwin to Glenelg, 4 Trinity Court, 12 August, 1836.
Transmits a deposition from the Editor of The Correspondent and
Advocate, respecting the current rumour that Head has accused
Rolph and Baldwin of being the authors of the rejoinder to the speech
on prorogation. p. 38A
Enclosed:
(i) Extract from a letter from Dr. O'Grady [Editor of The
Correspondent and Advocate]. p. 39 132 PUBLIC ARCHIVES Q- 399
1837 (ii) Deposition of J.  H.  Price,  as to the authorship of the
rejoinder, Toronto, 9 May, 1836. P- 39
(iii) Certificate of T. D. Morrison [Mayor of Toronto] as to the
deposition of Price, 9 May, 1836. P- 39
(iv) Certificate that Morrison is Mayor of Toronto, 10 May,
1836. P. 39
(18) Baldwin to Glenelg, 4 Trinity Court, 12 August, 1836.
Acknowledges Grey's letter of 28 July. Points out that the election
in Upper Canada may have delayed the expression of popular will
in Upper Canada, but that the people of that province are not in
favour of the principle which has guided Head. They will not be
content to be told that the principle of government in use in Great
Britain is not for them. Draws attention to a report and address
from the Legislative Council, of 19 April, as indicative of the utter
inefficiency of the system adopted in conducting the government
of Upper Canada. p. 39
(19) Grey to Baldwin, Downing St., 17 August, 1836. Acknowledges letter of 12 August, and states that Head had not made an
accusation against Baldwin with respect to the authorship of the
article in The Correspondent and Advocate. p. 39A
(20) Address of Assembly, 7 December, 1836, for a return of
patents issued for land, from the prorogation of the last Assembly,
until the end of the general election. p. 39A
(21) Reply of Head to the Address of Assembly.   Promises to r
prepare returns of land grants as requested. p. 40 '
(22) Message of Head to Assembly, 5 January, 1837. Transmits a report of the Executive Council on matters of enquiry contained
in the Address of Assembly, 7 December, 1836. [For this report
and its companion papers, see 40N and 44R.] p. 40
(23) Head to Assembly, 9 January, 1837. Transmits copy
of a despatch just received from Glenelg. [For this despatch see
No. 24.] p. 40
(24) Glenelg to Head, No. 105, Downing St., 31 October, 1836.
Transmits copy of a letter from Hume to Melbourne complaining
of Head's conduct during the recent elections, and of Glenelg's
refusal to grant a personal interview to Baldwin and Duncombe.
States that the charges against Head appear to be only a repetition
of those which he has been called upon to answer, but are transmitted
upon principle. p. 40
Enclosed:
(i) Hume to Viscount Melbourne [Prime Minister], Worthing,
3 October, 1836. p. 40A
(ii) Grey to Hume, Downing St., 21 October, 1836. States
that Melbourne has transmitted Hume's letter of 3 October, and
that policy can best be discussed on some other occasion. Gives
reasons for which a personal interview could not be given to Baldwin
and Duncombe, and defends Glenelg's decision that charges should
be made in writing. p. 40A
(25) Minutes of evidence taken before the Select Committee
to whom Duncombe's petition was referred, 25 November-27 December, 1836. p.. 41 Q. 399 REPORT FOR THE YEAR 1943
(26 A) M. S. Bidwell to A. N. MacNab [Chairman], Toronto,
9 December, 1836. Gives an explanation as to the identity of a
person mentioned in his evidence before the Committee. p. 51
(27 B) Documents relative to the impartial conduct of John B.
Askin, returning officer for the county of Oxford:—
(a) Statement of Rear Admiral H. Vansittart and eleven
others, Woodstock, 30 November, 1836. p. 51
(b) Affidavit of James Ingersoll, a candidate, 1 December,
1836. p. 51
(c) Certificate of T. Peacocke, clerk of the poll, 1 December,
1836. p. 51A
(d) Certificate of the freeholders. p. 51A
(28 C) Deposition of James Fitzgibbon with respect to his
mission to Cornwall during the late election, 3 December,
1836. p. 51A
Enclosed:
Instructions to Fitzgibbon to proceed to Cornwall, 18 June,
1836. p. 52
(29 D) Duncombe to MacNab, Old British Coffee House,
6 December, 1836. Gives private reasons for absence for a few
days. p. 52
(30 E) MacNab to Duncombe, Committee Room, 6 December,
1836. States that the Committee cannot interfere with, or guide
its proceedings by Duncombe's private concerns. Points out that
the evidence has negatived Duncombe's assertions and the propriety
of the submission of evidence said to have been produced in
England. p. 52
(31 F) Statement of John Harris and 27 others, that Rev. B.
Cronyn exerted himself to preserve law and order in the last election,
London, 17 December, 1836. p. 52A
(32 G) J. Stewart to J. Joseph, London, 30 November, 1836.
Gives the reasons for which he had urged the removal of the poll
from London to St. Thomas. p. 52A
p. 53
(33 H) Schedule of Returning Officers, 1834, 1836.
(34 I) D. Cameron [Secretary and Registrar] to Joseph. Transmits a statement of the increase of work in that office during the past
ten years. P- 53A
Enclosed:
Abstract of work and duties in the office of the Secretary and
Registrar, 1826-1835, inclusive. p. 53A
(35 I—1) S. P. Jarvis [Clerk of the Crown in Chancery] to
J. Beikie [Clerk of the Executive Council], Toronto, 20 December,
1836. Gives information respecting the issue of writs for the election,
and patents for land grants. P- 54
(35 1—2) Memorandum of Patents issued 28 May-2 July,
1836. P- 54A 134
PUBLIC ARCHIVES
Q. 399
(36 J) Cameron to Beikie, Secretary's Office, 12 December,
1836. Transmits return of all patents of land which passed the
Great Seal, 20 April-2 July, 1836, and the descriptions for patents,
1 April-1 August, 1836. P- 54A
Enclosed:
(i) Return.
(ii) Descriptions.
p. 55
p. 66
(37 K) MacNab to R. B. Sullivan [Commissioner of Crown
Lands], Committee Room, 9 January, 1837. Requests to be informed
as to the date upon which the town lot at Port Credit was surveyed,
and as to the sale of these lots. P- 90A
(37 K—1) Sullivan to MacNab, 15 January,
required information.
1837.    Gives the
p. 90A
(38 L) G. H. Markland [Inspector General] to John Beikie,
Toronto, 13 December, 1836. States that he is not aware of any
orders for warrants, relating to the issue of land patents during
this period. p. 90A
(39 M) MacNab to J. H. Dunn [Receiver General], Committee
Room, 9 January, 1837. Requests to be informed as to the truth
of Duncombe's allegations that money was paid out for election
purposes. p. 90A
(39 M—1) Dunn to MacNab, Toronto, 14 January, 1837.
Denies that money was so paid out. £27 was paid to Fitzgibbon
for travelling expenses to Cornwall on special service. p. 91
(40 N) D. M'Donell [Sheriff of the Eastern District] to Joseph,
Cornwall, 26 July, 1836. Stresses the need for troops if a disturbance
is to be avoided. I p. 91
(40 N—1) A. M'Lean [Clerk of the Peace, Cornwall] to Joseph,
Cornwall, 14 June, 1836. Transmits three affidavits as to.the outrages
committed by canal labourers and requests means by which the laws
may be enforced. p. 91
Enclosed:
(i) Affidavits of W. D. Wood, Joseph Tanner and Richard
Cramer. p. 91A
(ii) Joseph to M'Lean, Government House, 18 June, 1836.
Acknowledges letter of 14 June, and states that Fitzgibbon will be
sent with arms and ammunition which will be of service in an emergency. Troops should not be sent at election time, nor should the
militia be armed. After the election advice will be taken with respect
to the formation of rifle or volunteer companies. p. 92
(iii) Joseph to Fitzgibbon, Government House, 18 June, 1836.
Gives instructions for his mission to Cornwall. p. 92A
(41 0) Statement by G. Gurnett [Mayor Elect] as to the
circumstances under which he admitted Robert and Mary Shore
to bail. p. 92A Q. 399 REPORT FOR THE YEAR 1943 135
(42 P) Minute of the proceedings of the Select Committee,       *837
requiring   Duncombe   to   substantiate   the   charges   made   in   his
petition. p. 93
(43 Q) Statement showing certificates issued from the Commissioner of Crown Lands Office, 26 April-2 July, 1836. p. 94
(44 R) Report of Council 5 January, 1837, on the Address
from the Assembly for information respecting patents for land between
20 April and 2 July, 1836. p. 95
(45 R—1) Dunn to J. Beikie [Clerk of the Executive Council],
Receiver General's Office, 13 December, 1836. Transmits a copy
of the warrant to pay the account of D. Cameron, Secretary and
Registrar. p. 96
Enclosed:
(i) Warrant, 23 July, 1836. p. 96
(ii) Voucher for expenditure covered by above warrant, p. 96A
(iii) Account of Cameron, 7 July, 1836. p. 96A
(46 R—2) Cameron to [Joseph], Toronto, 11 May, 1836. Stresses
the need for assistance in the office of the Secretary and
Registrar. p. 96A
(47 R—3) Minute of Council, 9 May, 1836, advising dissolution
of the provincial Legislature. p. 97
(48 R—4) Minute of Council, 28 May, 1836, giving advice
respecting the time and places of election. p. 97
(49 R—5) Instructions to Returning Officers. p. 97
(50 S) Extracts from the poll-books, showing the number of
votes polled for each candidate. p. 98
(51 T) Affidavit of T. Street, respecting the charge that he had
threatened that deeds would be taken from voters who did not
support the Conservative candidate, 7 January, 1836. p. 99
(52 U) Rev.    T.    Phillips,    D.D.,    to    MacNab,    Etobicoke,
21 January,   1837.    Explains  the  circumstances  under  which  he
declined to take the qualifying oath at the hustings. p. 99
(53 V) John Mcintosh to MacNab. Makes alterations to the
evidence which he gave to the Committee, with respect to Duncombe's petition. p. 99A
Glenelg to Head, No. 3.    Acknowledges despatch No. 7, of 4 Apnitf, gft
February, and expresses satisfaction at the complete refutation of
Duncombe's charges. p. 100 House of Commons
Order for a return of papers respecting the sale or grant of lands
in Upper Canada, including Indian surrenders since 1820. p. 3
Order for a return of Sir Francis Bond Head's despatch in
answer to charges preferred against him by Dr. C. Duncombe.      p.
Order for a return of L. J. Papineau's letter to M. S. Bidwell,
Speaker of the Upper Canada Assembly, the address of that body
thereon, the address from the Legislature, praying that steps be
taken to procure the co-operation of the Legislature of Lower Canada,
in the improvement of the St. Lawrence, and the address of the
Assembly, praying for the annexation of Montreal to Upper
Canada. p. 7
Order for a return of papers respecting the sale or grant of lands,
in Upper Canada, including Indian surrenders since 1820. p. "
Order for a return of the Upper Canada Act continuing the
existence of the Assembly, notwithstanding the demise of the Crown,
and of any other similar act passed in the British North American
colonies. p. 12
Order for a return of Orders-in-Council relating to the sale of
lands in Upper Canada, of papers concerning the agreement with
the British American Land Company, in 1833, and of the reports of
Select Committees upon the cases of J. G. Thompson, Judge of the
Gasp6 Court; Charles Witcher, Sheriff of the District of St. Francis;
and W. B. Fenton, Commissioner of Crown Lands, Lower
Canada. p. 13
G. Wood [First Secretary] to Sir George Grey [Under Secretary].
Requests that a report should be called for as to the most advantageous
manner of disposing of some dwelling houses and navy ground at the
late naval estabHshment on the Grand. River, Lake Erie. p. 15
Board of Trade
J. D. Hume [Assistant Secretary] to J. Stephen [Under Secretary].
Gives reasons for which it is not possible to concede to the memorial
from Upper Canada, praying for an increase in the preference granted
to tobacco grown in the colonies. This preference would have to
be lowered were it not practically inoperative. p. 18
D. Le Marchant [Secretary to the Board of Trade] to Stephen.
Acknowledges letter of 23 November, and gives reasons for which
the act to establish mutual insurance companies should be disallowed. p# 20 Q. 400, pt. 1 REPORT FOR THE YEAR 1943 13
Le Marchant to Stephen.    Acknowledges letter of 20 January,       1837
and requests information as to the grounds upon which the change {Shall!'
in the value of gold and silver coinage has been made in the Upper
Canada Act now under consideration. p. 42
Le Marchant to Stephen. Transmits copy of a correspondence February 14,
with the Treasury, respecting the Upper Canada Act relating to whitehalL
provincial currency. Requests information as to the circumstances
under which the Governor of British Guiana gave consent to the
British Guiana Bank Ordinance. Points to the inconvenience
which has resulted from the failure to transmit these acts to the
Board of Trade, in the first instance. p. 25
Enclosed:
Le Marchant to F. Baring [Secretary to the Treasury],
10 February, 1837. States that no sufficient reason has been assigned
by the Lieut.-Governor of Upper Canada, for so great a change
in the legal value of British money. Refers to previous legislation
on this subject and declares that further information will be necessary
as to the propriety of this change. As there will be time to obtain
such information before the period for disallowance will expire,
the act will not be disallowed at present. p. 44
Unsigned to Le Marchant.    [Draft.]   Acknowledges letter of February 23,
14 February, and expresses Glenelg's regret that procedure respecting   owmng
recent   colonial   enactments   should   have   caused   inconvenience.
Reviews the constitution and duties of the Board of Trade and
expresses his views with respect to reference made thereto. p. 28
Le Marchant to Stephen. Acknowledges letter of 22 April, JJgs^au
with the joint address of the Legislative Council and Assembly of
Upper Canada. Refers to his letter of 14 February, and adheres to
the principles laid down with respect to acts relating to the value
of money, or for the establishment of banks. Points out that the
disadvantages of a possible disallowance far outweigh the disadvantages of the slight delay involved in an examination of such acts
prior to their confirmation. p. 48
Hume to Stephen.    Acknowledges letter of 22 April, with the May 2.
address from the Assembly of Upper Canada, praying for the removal     te a
of certain trade prohibitions, the reduction of certain duties, and the
abolition of the duty on the grain and flour of Upper Canada when
imported into Great Britain.    Gives the grounds upon which these
requests cannot be granted. p. 52
Le Marchant to ! Stephen. Refers to Glenelg's Minute of gg^jjff18'
13 September, respecting the Upper Canada act for the suspension
of specie payments, and requests that instructions should be issued
to Head, that he should not permit payment of any dividend by a
bank during the period of such suspension. This should particularly
apply to the Commercial Bank which has been permitted to
suspend. P- 57
India Board
R.   Gordon  [Secretary]  to  Grey.    Transmits  a memorandum November 29,
respecting [John Snatt] and requests that an enquiry should be made IndiaBoard-
as to his whereabouts.    [Memorial not at this place.    See Q. 398,
pt. 3, p. 625.] % 60
86965—10 PUBLIC ARCHIVES
Q. 400, pt. 1
Unsigned  to  Sir  George  Arthur   [Lieut.-Governor  of   Upper
rcSafDe'ti Canada].    [Draft.]    Transmits a memorandum and requests that
ep' an enquiry should be made as to the whereabouts of John Snatt.  p. 61
Foreign Office
Sir James Gibson Craig to Viscount Palmerston [Secretary of
State for Foreign Affairs]. Recommends Daniel Lizars as a suitable
person for a government appointment in Upper Canada. p. 65
Enclosed:
W. H. Lizars to Craig, 3 St. James's Sq., Edinburgh. Transmits an extract from his brother's letter, together with a certificate
from R. Cadell. p. 69
Sub-enclosures:
(i) Extract of a letter from Daniel Lizars to W. Lizars. Urges
that representations should be made to support his candidacy as
magistrate of the new district to be formed out of Huron County.
States his services. p. 66
(ii) Certificate of R. Cadell, as to the worth of Daniel Lizars,
Edinburgh, 6 April, 1837. p. 71
Viscount Palmerston [Secretary of State for Foreign Affairs] to
Glenelg. States that Gibson Craig has been informed that his letter
has been referred to Glenelg. p. 63
Requests a
Backhouse [Under Secretary] to
letter of introduction to the Lieut.-Governor, for Thomas Langton,
who is proceeding to Upper Canada. p. 72
Unsigned to Sir James Gibson Craig. [Draft.] States that
his letter of 7 April has been referred to Lord Glenelg, who has pointed
out that as the appointment of sheriffs in Upper Canada depends
upon the Lieut.-Governor, he cannot interfere in behalf of Daniel
Lizars. p. 64
Backhouse to Stephen. Transmits a letter from George Manners,
H. M. Consul at Boston, giving his views with respect to the state
of affairs in Upper Canada. p. 73
Enclosed:
Manners to John Bidwell, Haldimand, 13 March, 1837. Praises
Head and gives a pleasing picture of the province and its
prospects. p. 74
Law Officers
hkJti Dept.] Unsigned   to   the   Attorney   General.    [Draft.]    Reviews   the
question of the erection of rectories in Canada, and requests an
opinion as to the power to create rectories, the validity of the erection
of 57 rectories by Sir John Colborne, and in the event of the legality
of such rectories, as to the extent of the ecclesiastical authority of
the rector of a parish so constituted.    The Solicitor General is to be
consulted.
p. 88 ~
Q. 400, pt. 1
REPORT FOR THE YEAR 1943
139
[Not transcribed.   See Q. 396, pt. 4,
Law Officers to Glenelg.
p. 667.]
Commons.
Unsigned to  '  [Advocate General].    [Draft.]   Trans-December 19.
mits papers relating to the erection of rectories in Upper Canada, ^■Coloid&1 D&^
and refers specifically to the report of the Archdeacon of York.
Requests the opinion of the law officers as to whether this additional
information alters in any way the opinion given in reply to the letter
of 12 April.    [Enclosures not at this place.] p. 95
Ordnance
R. Byham [Secretary
to the Board of Ordnance] to Stephen. April 3
from which it appears that Glenelg was to be requested to instruct
the colonial authorities with respect to fixing a limited time for
claims for damages caused in the construction of the Rideau Canal.
Requests to be informed as to what instructions have been
issued. p. 98
Unsigned to Byham.    [Draft.]    Acknowledges letter of 3 April, April.
and transmits copy of instructions issued with respect to claims for
damages caused in the construction of the Rideau Canal.    [Enclosure
not at this place.    See Q. 400, p. 129.] p. 100
Byham to Stephen.    Requests leave to borrow the letter from Juty 6,
Head with respect to the grant of a portion of the military reserve ordnance,
at Niagara to the Welland Canal Company, which was returned
in the letter from the Board of Ordnance on 26 October, 1836.     p. 101
Stephen to Byham.    Transmits the enclosure in Head's despatch ^lv 7>    ffi
respecting the military reserve, and requests that the papers should be
returned to the Colonial Office as soon as they are finished with.   p. 102
Byham to Stephen. Acknowledges letter of 11 July, with a July 21,
petition from the president and directors of the Toronto and Lake ordnance.
Huron Railroad Company, soliciting the grant of several portions
of Crown land through which the railroad is to pass. States that
the extent of land required at Toronto and Penetanguishene should
be submitted to the Commanding Engineer, who after conference
with the Commander of the Forces, should report to the Inspector
General of Fortifications. Plans of sections and of cuttings within
600 yards of military reserves must be submitted. p. 103
Byham to
Acknowledges letter of 28 June, and j
states that the Ordnance cannot consent to the grant of the whole of Ordnance,
the military reserve at Niagara to the Welland Canal Company.
No such extensive grant can be required for that purpose. However
if, on consultation between the Lieut.-Governor and the Commanding
Engineer, an exchange of part of the Niagara reserve could be made
for land required in the vicinity of Fort Mississagua, there would
be no objection to the remaining part of the Niagara reserve being
allotted for colonial purposes. p. 105
Byham to Stephen.    Acknowledges letter of 25 July, respecting gugMtjs,
the erection of new barracks at Toronto.    Points out that in spite ordnance.
of the representations made as to the necessity of new barracks, the
86965—101 No date.
[Colonial Dept.
PUBLIC ARCHIVES Q- 400, pt. 1
problem seems to be the same as that discussed in 1835. Refers to
letter of 14 December, 1835, and adheres to the decision that one
wing of the proposed barracks- should be constructed. Draws
attention to the question of the expenditure of the proceeds of
military reserves sold on the understanding that the proceeds were
to be employed for this purpose. P- 107
Toronto Barracks.    Schedule of Papers for Sir George Grey's
perusal. P- 109
Unsigned to Byham. [Draft.] Acknowledges letter of 23 August,
1 and states that Glenelg has given reconsideration to the question
of the erection of barracks at Toronto, but must adhere to the decision
not to permit a large expenditure of Crown revenues for the purpose.
However he will sanction the payment of £10,000 from the proceeds
of the sale of the military reserve at Toronto, on the distinct understanding that any excess must be met by the Ordnance. This sum
may be expended either in repairs or in the erection of a new building,
as may seem most expedient. p. Ill
November 13. Glenelg to Lieut.-General Sir Hussey Vivian [Master General
oma   ep. ^ ^e Boarc[ 0f Ordnance].    Reviews the question of the erection of
new barracks at Toronto and gives an explicit but unofficial statement
of the difficulties, and of the decision which he has been compelled
to make thereon. p. 113
November 1
Office of
Ordnance.
Vivian to Glenelg. Acknowledges letter of 13 November, and
transmits a memorandum of a plan whereby the expense could be
reduced to £21,641. This estimate could be proposed to Parliament.
The £10,000 could be contributed so that work could begin at once,
the remainder being take up in the estimate for 1839-40. p. 117
December 20.
[Colonial Dept.]
Enclosed:
Memorandum signed V. G. Ellicombe.
p. 119
Unsigned to Vivian, private. [Draft.] Acknowledges letter of
18 November, and states that the plan would have been immediately
accepted had it not been for the news from Canada. Gives reasons
for which he regards it advisable to postpone the erection of new
barracks at Toronto. p. 121
January 4,
Treasury
Chambers.
Treasury
A. Y. Spearman [Assistant Secretary to the Treasury] to Stephen.
Transmits copy of a letter from the Ordnance, respecting claims
for damages caused in the construction of the Rideau Canal, together
with a minute from the Treasury thereon. Requests that instructions
should be issued in conformity with the suggestions made
therein. p. 124
Enclosed:
(1) Byham to E. J. Stanley [Secretary to the Treasury], Office
of Ordnance, 27 July, 1836. Requests to be informed as to the
duration of the appointment of G. Adams, Deputy Assistant Commissary General, as arbitrator for damages. Transmits papers
on that subject and points to the lack of a period within which claims Q. 400, pt. 1
REPORT FOR THE YEAR 1943
may be preferred.   Discusses  also the amount of compensation      1837
which should be given.   Suggests a method for fixing the time,
and for determining the amount. p. 130
Sub-enclosure:
Respective Officers to Byham, 20 May, 1836. Acknowledge
letter of 14 December, 1835, and transmits a correspondence relating
to the adjustment of claims arising from damages caused by the
constru