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Report of the Public Archives for the year 1945 Public Archives of Canada; Lanctôt, Gustave, 1883-1975 1946

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 'HE R^iQ^|^^¥UTE
DOMINION OF CANADA
REPORT
OF THE
DEPARTMENT OF
PUBLIC ARCHIVES
FOR THE YEAR
1945
GUSTAVE LANCTOT
Keeper of Public Records
OTTAWA
EDMOND CLOUTIER
PRINTER TO THE KING'S MOST EXCELLENT MAJESTY
1946
Price. $1.00  DOMINION OF CANADA
REPORT
OF THE
DEPARTMENT OF
PUBLIC  ARCHIVES
FOR THE YEAR
1945
GUSTAVE LANCTOT
Keeper of Public Records
OTTAWA
EDMOND CLOTHIER
PRINTER TO THE KING'S MOST EXCELLENT MAJESTY
1946  TABLE OF CONTENTS
Page
Letter of Transmittal  v
Report of the Keeper of Public Records        vii
Accessions: Manuscript Division         ; j
HISTORICAL DOCUMENTS
Notes and reminiscences of an Inhabitant of Montreal during the
occupation of that city by the Bostonians from 1775 to 1776..     xxiii
Conditions of Settlement at Tatamagouche, Nova Scotia, 1795....   xxvii
Collective responsibility of Cabinet ministers, 1876      xliv
Sir John A. Macdonald's election as Member for Victoria, British
Columbia, 1878      xlvi
Calendar of Series Q:
Calendar of State Papers composed of the official correspondence
of the Lieutenant-Governor of Upper Canada for the years
1838-1841 :	
37759—A*  LETTER OF TRANSMITTAL
Ottawa, December 31, 1945.
To the Honourable Paul Martin, P.C., K.C.,
Secretary of State,
Ottawa.
Sir,—I have the honour to submit to you herewith the Annual Report
of the Public Archives of Canada for the year 1945. This report shows
the work accomplished by the department and gives a list of the more
important acquisitions made in the course of the last twelve months.
As usual, the report is accompanied by a certain number of historical
documents. The first of these is a brief account of several events that
happened during the occupation of Montreal by the American troops in
1775 and 1776. The second document, dated 1795, contains a detailed
description of an agricultural settlement situated at Tatamagouche,
in Nova Scotia, and belonged to Joseph Frederic Wallet DesBarres,
one-time Lieutenant-Governor of Cape Breton Island. Then follows a
document which exemplifies the doctrine of the collective responsibility
of ministers in every decision made by the Cabinet of which they are
members. A last group of documents pertains to the election of Sir John
A. Macdonald as member for Victoria, British Columbia.
The appendix to the report is the final instalment of the calendar
of the official correspondence between the Lieutenant-Governor of Upper
Canada and the British Government. This calendar covers the years
1839, 1840 and 1841 until the establishment of United Canada.
Respectfully yours,
GUSTAVE LANCTOT,
Keeper of Public Records.  REPORT
THE PUBLIC ARCHIVES
FOR THE YEAR 1945
The year just concluded has brought to the Archives two excellent bits
of news: the end of the war, which will permit the Department to increase
its staff of technical personnel and widen the scope of it services; and
the creation of a committee on public records, under the chairmanship of
the Secretary of State, which has as its objects the systematic preservation
of government records and the transfer of obsolete files to the Archives
from other government departments.
It is interesting to mention that many distinguished persons
visited the Archives among whom, on October 23, was the President of
Chile, His Excellency Juan Antonio Rios, accompanied by his suite. . The
Archives again served as a meeting place for several literary societies of
the Capital City.
In the course of the year, despite a reduction in staff, the Archives
continued to satisfy all the demands of government departments and
public institutions, as well as those of historians, specialists and research
students, furnishing them with the information, papers and documents
required in each case.
In the Manuscript Division, the work of reclassifying collections,
files and manuscripts is proceeding steadily, and has already produced
excellent results. During the year, this division made many acquisitions
by either gift or purchase, of which the more important ones are here noted:
J. J. T. Buttle, Journal of the Vancouver Island Exploring
Expedition, 1865;
Journal d'un voyage de Detroit a l'Ohio, 1745;
Captain F.t De Gaugreben, Account of the campaign of 1814, and
memoirs on the defence of Upper and Lower Canada;
Letter of Robert Gourlay to David Thompson, 1851;
Jean l'Heureux: Description de la branche nord de la riviere
Saskatchewan et de la riviere a la Bataille, 1871;
Papers and Correspondence of Archibald McCallum, of Odelltown,
1802-1842;
Letter of William Lyon Mackenzie, April 18, 1858;
Louis Riel, Memoire historique du Nord-Ouest, 1874; viii PUBLIC ARCHIVES
Scott Papers relating to the Separate Schools of Ontario, 1859-
1913;
Jacques Viger, Tour du district de Montreal, 1851, et Voyages a
Kingston, 1842;
War Office, I, In-Letters, 1806-1848;
War Office, 34, Amherst Papers, 1757-1763;
War Office, 57, Commissariat, In-Letters, 1811-1818;
War Office, 58, Commissariat, Out-Letters, 1810-1820;
War Office, Instructions, 1812-1814.
Probably the most valuable acquisition is a collection of original
letters of Sir John Henry Lefroy, 1843-1845, describing his exploration
of the Canadian West. These letters were donated by Commander
Crofton, North Fitzwarren, North Taunton, England, and make a remarkable contribution to our knowledge of the West in the middle of the
nineteenth century.
The Map Division, which now contains 20,400 items, with an index
system comprising 35,500 entries, has been enriched by about sixty items,
including fourteen maps of Nova Scotia and three old plans of Montreal.
The Print Division has now indexed 72,000 pictures, 17,500 of the
items being in their filing cabinets. This year the division received
ninety-one drawings, pictures and photographs, of which four water-colours
concerning the city of Kingston should be specially mentioned.
In the Library Division, the work of reclassifying the volumes is
progressing rapidly, as well as that of changing the index system to the
one used in the Library of Congress. To the collection of 51,000 books and
pamphlets 501 new titles have been added.
In the Index and Information Division, the indexing is making
satisfactory progress, in spite of a reduction in staff. This year, a perusal
of the land grant registers has enabled this division to add 35,175 new
entries to its enormous index of 2,200,000 cards.
The Division of Technical Services this year organized several
exhibitions of historical materials which attracted crowds of visitors.
Also, a certain number of historical articles, official seals, medals and tokens
were received. Under the direction of this division, the bindery carried
on its usual work of repairing manuscripts and mounting maps, and bound
517 volumes.
The Publications Division publishes this year an appendix to the
present report: the final instalment of the official correspondence between
the Lieutenant-Governor of Upper Canada and the British Government.
The calendar of the correspondence of Upper and Lower Canada (1791 to
1841) having been completed, next year this division will start publishing
the calendar of the official correspondence of Nova Scotia. REPORT FOR THE YEAR 1945 ix
It should be mentioned that the War Museum acquired numerous
war accoutrements, such as machine guns, rifles, bombs, etc. Visitors
have continued to flock here in such numbers that a new record of 50,500
persons was reached.
This year, following the report are several historical documents. The
first contains an account of certain events that happened during the
occupation of Montreal by the American troops in 1775. Among other
incidents, Pierre Foretier, a merchant, relates how he gave an elaborate
dinner to the American officers billeted at his house, to divert their attention, while his associates were in the yard filling kegs with powder, and
sacks with ball. Hidden in sacks of flour, these munitions were hoisted
over the city walls, lowered into waiting vehicles and transported to
Vaudreuil. There, the cure* Beaumont hid them in a field where he then
set a flock of sheep to graze. Thanks to this ruse, the munitions were later
turned over to the militiamen of Sieur de Montigny and Captain Forster's
soldiers, thus enabling them to attack and overpower the American fort
at the Cedars.
The second historical document describes the establishing of an agricultural settlement at Tatamagouche, in Nova Sccotia, in 1795. Twenty-
eight families took lots of 60 acres each, for which they bound themselves
to pay five shillings the seventh year, ten the eighth and twenty the
ninth. After that, the rent was to be three pounds a year indefinitely.
In addition, they were obliged to raise the natural increase of cattle furnished by the land owner, which would be divided equally between both
parties. The description of these settlement terms, this document was
given to the owner, J. F. Wallet DesBarres, onetime Governor of Cape
Breton Island, by his agent, Captain John McDonald.
Next is a long letter by Lord Dufferin, to Lord Carnarvon, Secretary
of State, in which he exemplifies the doctrine of the collective responsibility
of ministers in every policy past or present of the Cabinet of which they
are members. The question came up on the admission into the ministry
of Alexander Mackenzie of the Honourable David Mills, who opposed
the former policy of the Government with regard to British Columbia.
This letter is a valuable contribution to the data concerning ministerial
responsibility.
A final group of letters and telegrams, simply shows how, in 1878,
Sir John A. Macdonald was chosen as Conservative candidate for the
constituency of Victoria, B.C. It constitutes a short retrospect of the
election customs of the period.
GUSTAVE LANCTOT
Keeper of Public Records.
37759—B  ACCESSIONS
MANUSCRIPT DIVISION
Albani, Madame: (Mrs Ernest Gye) Letter to the Editor of the Montreal
Star, London, England, 22 July, 1923. Original. Relates to Sir
George Arthur's book on Sarah Bernhardt.
Anonymous: Wakefield settlement, 1868-1879, and a few entries of a
diary of 1930. Original. This book relates to preparations for
building a pulp mill and the operating of two farms.
Bazin, Pierre: Commission as Lt.-Colonel of the Militia of Quebec,
21 May, 1755. Transcript from Archives du Seminaire de Quebec,
Fonds Verreau, Carton 17, No. 15.
Bell, Alexander Graham: Autograph, given at Baddeck, Nova Scotia,
27 October, 1903.    (Miscellaneous Documents, Vol. 16, No. 32.)
Board of Works: Letter Book 14 February, 1849 to 11 September, 1852.
Copies of letters from Horace Merritt, Superintendent of Public
Works, addressed chiefly to the Secretary of the Board of Works.
(P.W.I, Vol. 10.)
Brisebois, Jacques: Commission as an Ensign in the St. Genevieve
Militia, 7 June, 1753. Transcript from Archives du Seminaire de
Quebec, Fonds Verreau, Carton 17, No. 14.
Brown, William (Printer of the Quebec Gazette): Receipt given to Charles
Hay, Quebec, 1779. Original. (Miscellaneous Documents, Vol. 16,
No. 33.)
Buller, Charles: Reply to an invitation to dine with Mr. and Mrs.
Strutt, 12 Lower Eaton St. (London, England), 24 June,— Original.
(Miscellaneous Documents, Vol. 16, No. 35.)
Buttle, John James Taylor: Journal of the Vancouver Island Exploring Expedition, 1865. Typescript made by the City Archives,
Vancouver, B.C. Original owned by Mrs. W. S. McDonald. This
expedition explored and prospected in the Clayoquot District, 19 June-
8 October, 1865. Contains valuable information as to Indian place-
names.
Cadillac, Antoine de Lamothe: Request for payment of his salary as
Governor of Louisiana, 29 August, 1730. Transcript from Archives
du Seminaire de.Quebec, Fonds Verreau, Carton 17, No. 8.
Campbell, Colin: Commission as Lieutenant in the 35th Regiment,
5 October, 1760. Transcript from Archives du Seminaire de Quebec,
Fonds Verreau, Carton 17, No. 19.
Clark, Capt. John: Letter to C. Buller, Chief Secretary, Long Point,
18 June, 1838. Original. Gives the names of those who were
present with him at the capture of Armury Girod. These people
claim a share of the reward for Girod's capture. (Rebellion, 1837,
Vol. 1, No. 2).
Coleagno, Jean: Certificate of service in De Meuron's Regiment, 1816.
Original.    Presented by L. H. Carreau, Ottawa.
xi
37759—B§
I-        ^ PUBLIC ARCHIVES
Congregation de Notre Dame. Receipt to Monseigneur de St. Vallier,
Bishop of Quebec, for £2400 invested on behalf of the Congregation
of Notre Dame, at Villemarie, 4 June, 1695. This is deducted from
his gift on behalf of that Congregation.
Couthenans: Signature of Anne de Brues Couthenans, Sieur de Linville,
who was Governor of Sarebourg and Phalsbourg, in 1667. (Miscellaneous Documents, Vol. 16, No. 21.)
Denison Papers: Papers relating to Sherman and Joseph Denison, of
Horton, Nova Scotia. Photostats from papers in the possession
of W. R. McClelland, Ottawa:—
(1) Sale of land in Pictou, 12 March, 1793, by Sherman Denison to
Elijah Crane and Joseph Woodworth.
(2) Purchase of land at Horton, 20 September, 1793, by Sherman
Denison from Jonathan Crane.
(3) Return of Capt. S.  Denison's Company, Halifax, 25   October,
1807.
(4) Return of Capt. S. Denison's Company, Halifax, 25 December,
1807.
(5) Bond of Sherman Denison and others for sum due to Rev. William
Black, 26 March, 1822.    Payments commenced 14 June, 1823,
and the bond was discharged on 11 June, 1840.
(6) Account for wharfing the bank of the river.
(7) Account of expenditure in King's County, under the road appropriation act of 1825.
(8-9) Road accounts Parrsborough and Horton, (possibly 1825).
(9) Licence to Joseph Denison to keep school in King's County,
9 May, 1833.
Deseronto: Register of Shipping 1883-1933.    Original.
Detroit: Journal of a voyage from Detroit to Ohio, May, 1745. Transcript from Archives du Seminaire de Quebec, Fonds Verreau, Carton 17,
No. 1. Record of a party sent to induce the Jndians to join the
French against the English. The French flag being raised at the Scioto
River by Pierre Chartier.
Dorchester,  N.B: Ship's Register, 1899-1937; Ships Transaction Book,
1878-1938.    Originals.
Doyle, Sir Arthur Conan: Letter to the editor of a newspaper, Montreal,
12 November, (1923). Original. Objects to views expressed as to
the faking of pictures of ghosts. (Miscellaneous Documents, Vol. 16,
No. 27.)
Education Commission, 1838: Circular letter sent out by Arthur Buffer,
Chief Commissioner, 13 September, 1838. Printed. Asks for information as to the state of education in St. David de Deguire. (Miscellaneous Documents, Vol. 16, No. 37.)
Emigration, 1817: See Shipping, Advertisement of John Hall. REPORT FOR THE YEAR 1945
Engineers: Canadian Engineers, Roll of the Dead 1914-1919. Photographic reproduction of illuminated manuscript honour roll. Presented
by the Canadian Military Association.
Estaing, Expedition of Comte d': Declaration adressee au Nom du
Roi a tous les anciens francois de l'Amerique Septentrionale. Printed,
"Aborddu Languedoc, de lTmprimerie de F. P. Denauge, Imprimeur
du Roi & de l'Escadre", 28 octobre 1778.
Foreign Office : Correspondence between the Foreign Office and the
British Commissioners at Ghent, in 1814, granting an Admiralty
passport. Despatch from A. St. John Baker, Washington, 11 March,
1815, giving news of recent events in the United States. Transcripts
from F.O.5, Vols. 101, 102 and 106.
Fonblanche, Sieur: Commission in the Montreal Militia, 1 July, 1725.
Signed by Vaudreuil.    (Miscellaneous Documents, Vol. 16, No. 18.)
Galt, Sir Alexander T: Letter to United States Senator William P.
Fessenden, Quebec, 18 January, 1862. Original Expresses pleasure
that the war clouds have blown over. He is anxiously watching
financial legislation in the United States.
Gaugreben, Capt. F. De: Letters to Colonel G. Nicolls, R.E., 1816;
account of the campaign of 1814, in Upper Canada; memoir on the
defence of Lower Canada, June, 1814; and a memoir on the defence
of Upper Canada, November, 1815.    Originals.
Gordon, Major-General H. M: Letter to Major-General Sir W. Gordon,
Portsmouth, 20 January, 1816. Original. On the number of men
required for the garrison.    (Miscellaneous Documents, Vol. 16, No. 28.)
Gourlay, Robert: Letter to David Thompson, M.P.P., 30 January,
1851. Original. Thanks him for his hospitality. Complains of
his ill treatment and spurns the idea of compensation. (Gourlay
Papers.)
Grey, Lt-General the Hon. Henry George: Pay sheet of the Military
staff at the Cape of Good Hope, 25 February, 1809. Original, signed
by Grey.    (Miscellaneous Documents, Vol. 16, No. 29.)
Halifax,   N.S:   Ships   Registers   1857-1885.    Originals.    12   volumes.
(Nos. 52A-L).
Hargrave, J. J. (Hudson's Bay Co.): Letter to Rev. E. D. Neil, of the
Minnesota Historical Society, Winnipeg, 15 November, 1879. Original.
Asks for information with regard to a statement made by Lord
Dufferin, that Rainy Lake and River were originally called Rene.
Hart, Ezekiel: Business letter to Judge James Reid, Three Rivers,
16 September, 1808. Original. (Miscellaneous Documents, Vol. 16,
No. 34.)
Head, Sir Edmund: Private letter to Herman Merivale. (Permanent
Under Secretary for the Colonies), Fredericton, 22 August, 1853.
Original. Declines the offer of the Government of British Guiana.
Necessity of deciding whether to dissolve the Assembly or to let it die
a natural death. Comments on the tendency to jobbing which is seen
in the last session of an Assembly. (Sir Edmund Head Papers,
Vol. 2, No. 1.) PUBLIC ARCHIVES
Hervieux, Jacques: Commission as captain "en second" in the new
company of Gunners, at Montreal, 14 June, 1747. Ordered to
Carillon, 13 July, 1758. Transcript from Archives du Seminaire de
Quebec, Fonds Verreau, Carton 17, Nos. 12, 16.
Hotel Dieu de Montreal: Permit to send six canoes to trade with the
Indians, 15 July, 1692. Transcript from Archives du Seminaire de
Quebec, Fonds Verreau, Carton 17, No. 2.
Hotel Dieu, Quebec: Appeal to the court of France for financial
assistance, 20 October, 1758.    (Hdtel Dieu, Documents, Vol. 1.)
Hudson's Bay: Auction of the Hudson's Bay Post, 26 March, 1743. The
trade for three years was awarded to the Sieur de la Gorgendiere.
Transcript from Archives du Seminaire de Quebec, Fonds Verreau,
Carton 17, No. 9.
Hutton, Cornelius (Schoolmaster at Quebec): Affidavit giving information as to conversations which show that rebellion is imminent,
15 December, 1838.    Original.    (Rebellion, 1837, Vol. 1, No. 3.)
Inglis, Rt. Rev. John (Third Bishop of Nova Scotia): Letter to Rev.
Robert Norris, Halifax, 26 March, 1837. Original. The Society for
the Propagation of the Gospel and the Cornwallis mission. Asks for a
decision as to whether he will remain in the service of the Society.
Joseph, J. and H: Letter to James Reid, (Court King's Bench, Montreal),
Berthier, 18 October 1808. Original. Promises to pay their debt.
(Miscellaneous Documents, Vol. 16, No. 30.)
Justice, Administration of: Request from the deputy Procureur Fiscal
of Montreal, and order by Frontenac to secure a deposition by the
wife of Madame Louis Ledoux, in the case of Jean Valiquet dit
Laverdure, 1679. Transcript from Archives du Seminaire de Quebec,
Fonds Verreau, Carton 17, No. 2.
Laval, Rt. Rev. F. M: Letter to Pope Alexander VI, 8 November, 1665,
and letter to the congregation of the Propaganda, 10 September, 1670.
In Latin. Transcripts from Archives de l'Archevlche de Quebec.
(Archevtchi de Quebec—Correspondance).
Lefroy, Lt. J. H: Letters from the North West, 1843-1845. Originals.
These letters were written by Sir John Henry Lefroy, while making
Meteorological Observations in the North West. They are filled
with keen observations as to persons and places.
L'Heureux, Jean: Description of "La branche nord de la Riviere Saskatchewan" et de "La Riviere a la Bataille". Probably written at Rocky
Mountain House in November, 1871.    Original.
L'isle Dieu, Abbe (Vicar-General of Quebec): Letter to the Duchess
D'Aiguillon, Paris, 18 April, 1761. Original. Sends the memorial,
addressed to W. Pitt, on behalf of the Hotel Dieu of Quebec. Asks
that a small chest may be sent from London to Quebec addressed
to General James Murray.
L'Islet: See Writ of election.
Low, Mildred: Poem by Rev. G. J. Low; 4 printed poems by Canon
F. G. Scott, 1936-1937, signed. Personal letters from: May Bell
Marks, 1900; Sir Gilbert Parker, 1913; L. J. Mann, 1917; Martin
Burrell, 1930; Canon F. G. Scott, 1937; Dr. R. J. Manion, 1938;
R. S. White, 1938. REPORT FOR THE YEAR 1945 xv
Lupien, Pierre: Marriage contract, 15 November, 1705; between Pierre
Lupien dit Baron and Angelique Courault, Inventory of the property
of Lupien and his wife, 10 September, 1747. Transcripts from
Archives du Seminaire de Qu6bec, Fond Verreau, Carton' 17, Nos. 6
and 7.
MacCallum Papers: Originals. Presented by M. T. MacCallum.
Archibald MacCallum, in 1802, acquired property at Rouse's Point
and at Odelltown. The papers include correspondence up to 1842 and
deeds belonging to the Cookman family, 1805-1860, as well as notes
and letters from James and John McGillivray and John Adams,
of Stanbridge, 1816-1835.
Macdonald, Sir John A: Four letters addressed to John A. Macdonell,
of Alexandria, dealing with organization for elections, 1877-1887; and
one letter to W. S. Haight, with respect to reciprocity, 11 February,
1891. Typed copies. (Sir John A. Macdonald, Additional Papers,
Vol. 1.)
Mackenzie, William Lyon: Letter to Dr. E. B. O'Callaghan, Toronto,
18 April, 1858. Original. Thanks him for the file of D'Arcy McGee
papers. Declares that feelings in Canada are as bitter as they were
in 1836.    (W. L. Mackenzie Papers, Vol. 4, No. 2.)
Mackenzie, Mrs William Lyon: Petition to the Assembly of Ontario,
30 January, 1868. Prays for payment of expenses incurred by
W. L. Mackenzie, as agent for the Assembly, in 1832. These amount
to nearly £500.    (W. L. Mackenzie Papers, Vol. 4, No. 1.)
Mesplet, Fleury: Receipt signed by, 3 July, 1777. Original. (Miscellaneous Documents, Vol. 16, No. 36.)
Monarque, Jacques: Commission as captain of Militia for the parish of
Riviere des Prairies, 13 November, 1760. Transcript from Archives
du Seminaire de Quebec, Fonds Verreau, Carton 17, No. 22.
Morris, Hon. William: Letter from Sir George Arthur, 14 April, 1839..
Original. Arthur declares that his views on the clergy reserves remain
unchanged, but that the question should be settled on an equitable
basis.    (Hon. W. Morris Papers, Vol. 2, No. 1).
Nelson, Wolfred: Letter to William Lyon Mackenzie, (about 20 May,
1851). Original. Reports on the part which Mackenzie will play
in the Assembly.
North West: Contracts for voyageurs. Originals. (1) Between Louis
Lafreniere and McTavish, Frobisher & Co, Montreal, 11 February,
1797; (2) Louis Morneau and Daniel Sutherland on behalf of La
Societe du Nord, 22 April, 1801. (North West Papers, Vol. 1, Nos. 4
and 5.)
North West Territories: Commission appointing Roger Goulet and
Narcisse Omer Cote as commissioners respecting the enumeration of
half-breeds and claims of white settlers in the North West Territories,
9 May, 1887. Original. Commission of Narcisse Omer Cote and
Samuel McLeod to investigate the claims of scouts and others in
connection with the suppression of the North West Rebellion of 1885.
19 June, 1900.    Original.
Odelltown: Pew-rent Book Methodist Church, 1858-1881. Original.
Presented by M. T. McCallum. xvi PUBLIC ARCHIVES
Ordinances: (1) 26 May, 1688, directing militia men to return to their
companies. Transcript from Archives du Seminaire de Quebec,
Fonds Verreau, Carton 17, No. 3.
(2) Commanding the people of Varennes to be properly dressed
when they attend church, 9 July, 1756. Transcript from Archives
du Seminaire de Quebec, Fonds Verreau, Carton 17, No. 2.
Ottawa: Local Council of Women. Minute Books 1907-1939. Depos-
sited by Mrs. G. D. Finlayson. Minute Books deposited previously
go back to 1894.
Parizeau, Jean Baptiste: Commission as captain of Militia for the
parish of Varennes, 24 October, 1760. Transcript from Archives du
Seminaire de Quebec, Fonds Verreau, Carton 17, No. 21.
Pictou Academy: Papers respecting the Pictou Academy Act, 1816-1817.
Transcripts. Consist of the report of J. Stephen, 11 September, 1816,
from CO. 323. vol. 40, and the Order-in-Council of 17 September, 1817,
from P.C. 2, Vol. 199, pp. 715-719.
Port Medway.   Ship's Registers, 1874-1890; 1900-1938.    Originals.
Post Office, Additional Letters: Originals.
(1) E. S. Freer to T. D. McGee, Montreal, 7 December, 1863.
Transmission of books postage free, to and from the Library of
Parliament.
(2) Alpheus Todd to W. H. Griffin, Library of Parliament,
17 December, 1863.    Same subject.
(3) Sir Narcisse Belleau (Acting Postmaster General) to Griffin,
14 November, 1866. Sends note from Alonzo Wright, M.P., as to
building post offices. Asks about printing for the department.
(No enclosure.)
Prev6te de Quebec: Records, 1746-1747.   Transcript.
Privy Council, British. P.C. 2, Vol. 211, pp. 375, 389-394. Transcript.
Two Orders-in-Council of 1 November, 1830, leaving Nova Scotia Acts
of 1827 and 1829 to their operation.
Queylus, Abbe Gabriel: Agreement for the division of the family
estate, 5 April, 1653. Signed by Abbe de Queylus and his brother.
Original.
Ramsay, H: (Editor of The Farmer's Journal) Letter to -
, requesting
an article or articles on kitchen and fruit gardens, Montreal, 4 April,
1856.   Original.    (Miscellaneous Documents, Vol. 16, No. 31.)
Receiver General: Blotter 1849-1858.
are included:
Original.    The following tables
(1) Dates at which dividends on Canadian Bonds in the English
Market fall due, and where payable, 16 January, 1851.
(2) Monies available on loan to the credit of the Receiver General,
31 May, 1851.
(3) Cash in the various banking and other institutions holding public
deposits, in and out of Canada, on 31 May, 1851, with rates of
interest.    (F3C, Vol. 1.) REPORT FOR THE YEAR 1945 xvii
Reid, James: (Court of King's Bench, Montreal). Address to the Grand
Jury, Montreal, May, 1820.    Not signed.
Richarville, Sieur Drouet DE: List of merchandise delivered to Monsieur
de Richarville, for the trade at the post of T£te Bceuf, (Lake
Winnipeg), 28 September, 1752. Transcript from Archives du
Seminaire de Quebec, Fonds Verreau, Carton 17, No. 13.
Riel, Louis: Papers of. Photostat. Presented by Abner Kingman,
Montreal.    They consist of:—
(1) Memoire historique du Nord-Ouest, 22 Janvier, 1874, Par Louis
Riel.    A narrative of events which led to the Red River rebellion.
(2) Riel to Judge Hugh Richardson, Regina, 26 October, 1885,
written in English. Expresses gratitude that he has been granted
a reprieve until 10 November.
Rocheblave, Philippe Francois de Rastel de: Certificate of Noblesse,
14 April, 1747. Instructions to Rocheblave as commandant at
Fort Massiac, Illinois country, - 22 May, 1760. Transcript from
Arhives du Seminaire de Quebec, Fonds Verreau, Carton 17, No. 10.
Rochette, Sieur de La: Letter to (Francois Foucault), Paris, 1 April,
1763. Original. Needs authorization to receive pay due to Foucault.
Urges him to return to France. Praises administrative ability shown
by (Nicolas-Denis Foucault), in Louisiana.
Roubaud, Pierre: (1) Letter from H. T. Cramahe and Sir Thomas Mills
to (the agent), urging him to continue Roubaud's monthly allowance
for two months, 13 June, 1765. (On reverse). Roubaud's receipt
for 10 guineas, 14 June, 1765.    Original.
(2) Three letters.    Transcripts from Archives du Seminaire de
Quebec, Fonds Verreau, Carton 13, Nos. 33-35.
(a) Letter to Perineau and Fortier (before August) 1784.    Speaks of
P. Du Calvet's new work.
(b) Letter to Perineau, 10 August, 1784. Deals with P. Du Calvet's
work, his own financial difficulties, and suggests himself as a
suitable agent for the colonies.
(c) Letter to Dr. A. Mabane, 6 November, (possibly 1785). Gives
sidelights on social conditions in London, Lord Halifax's secretary
has assured him that he will obtain employment shortly.
Royal Highland Emigrants: Account of money received by Captain
Malcom Fraser, for poundage and stoppages for surgeon and paymaster,
25 June-24 December, 1777.    Original.
St. Vallier, Monseigneur de: Power of attorney given by Monseigneur de
St, Vallier, (Bishop of Quebec), 3 May, 1713. Original. (Miscellaneous Documents, Vol. 16, No. 20.)
Sault St. Louis: Judgment given by Brigadier General Thomas Gage,
military Governor of Montreal, with respect to the Seigniory of
Sault St. Louis, 22 March, 1762. Transcript from Archives du
Seminaire de Quebec, Fonds Verreau, Carton 17, No. 23. xviii PUBLIC ARCHIVES
Scott, R. W: Papers respecting separate schools; correspondence
1859-1913. Part original documents, part typescript. Presented by
W. L. Scott. These letters and papers are in addition to those
previously presented, and have been incorporated into this collection.
The correspondence includes letters from Sir John A. Macdonald,
Sir Wilfrid Laurier, Lord Aberdeen and Lord Minto.
Seminary St. Sulpice: Power of Attorney given by members of the
Seminary of Villemarie, to the Seminary St. Sulpice, in Paris,
22 September, 1705.    (Miscellaneous Documents, Vol. 16, No. 19.)
Shipping: Advertisement of John Hall, of Hull, England, 14 April, 1817.
States advantages for emigrants proceeding either to Drummondville,
Lower Canada, or to the Rideau River. (Miscellaneous Documents,
Vol. 16, No. 17.)
Shipping: See Desoronto, Ont.; Dorchester, N.B.; Port Medway, N.S.
Simpson, Sir George: Letter to Richard Hardisty at Albany House,
Michipocoten, 24 July, 1857. Original. Gives instructions for the
conduct of affairs at Albany House.
Society for the Propagation of the Gospel: Transcripts.
D 66, Letters Received, 1883.
D 70, Letters Received, 1884.
D 74, Letters Received, 1885.
Stedman, Philip: Deed for land on the Grand River, purchased from the
Six Nations, on 2 March, 1795, for £10,255. .10. Signed by Joseph
Brant and other chiefs. Photostat. Presented by the Public Library,
Ayr, Ontario.
Stewart, Neil: Letter to Charles P. Treadwell, Vankleek Hill,
30 November, 1837.    Original.    Suggests calling a public meeting of
Loyal subjects.    (Rebellion, 1837, Vol. 1, No. 1).
Strachan, Ven. John: (Archdeacon of York). Letter from the trustees
of St. Andrew's Church, Toronto, 19 January, 1838. Original.
Deny that any land has been granted to them as a congregation in
connection with the Church of Scotland.
Tissier, Rev. C: Letter to — Horetzki, Fort Dunnegan, Oct. 6, 1872.
Original. Presented by C. H. de Lotbiniere-Harwood. Description
of his journey in the Athabasca region up to Great Slave Lake, and
useful hints on agricultural potentialities.
Treasury Papers : Transcripts from series T 28, Out-Letters, Various.
T 28, Vol. 1.    America, 1763-1768.
T 28, Vol. 2.    America, 1768-1793..
T 28, Vol. 3.    America, 1797-1823.
T 28, Vols. 4-7. (Not copied. Nothing relating to North America).
T 28, Vol. 8. Naval and Military Departments, 1811.
T 28, Vol. 9. Naval and Military Departments, 1811-1812.
T 28, Vol. 10. Naval and Military Departments, 1812-1813.
T 28, Vol. 11. Naval and Military Departments, 1813-1814.
T 28, Vol. 12. Naval and Military Departments, 1813-1814.
T 28, Vol. 13. Naval and Military Departments, 1815-1816.
T 28, Vol. 14.    Naval and Military Departments, 1816-1817. REPORT FOR THE YEAR 1945 xix
T 28, Vol. 15. Naval and Military Departments, 1816-1817.
T 28, Vol. 16. Naval and Military Departments, 1818-1819.
T 28, Vol. 17. Naval and Military Departments, 1819-1820.
T 28, Vol. 18. Naval and Military Departments, 1820-1821.
T 28, Vol. 19. Naval and Military Departments, 1821-1822.
T 28, Vol. 20. Naval and Military Departments, 1822.
Vanfelson, William : Licence signed by General James Murray. Permits
Vanfelson to proceed to Gaspe and the Bay of Chaleur, to fish,
27 August, 1763. Transcript from Archives du Seminaire de Quebec,
Fonds Verreau, Carton 17, No. 20.
Vaudreuil, Francois Pierre Rigaud de: Letter to the Minister, 12 May,
1752. Relating to his exclusive rights to the trade with the Indians
of the Lake of Two Mountains. Transcript from Archives du
Seminaire de Quebec,   Fonds Verreau, Carton 17, No. 11.
Vernor, Henry: Letter to his wife, who had gone to England for a visit,
Montreal, 30 June, 1839.    Family affairs.   Original.
Viger, Jacques: Transcripts from Archives du S6minaire de Quebec
"Notes au crayon—Tour du District de Montreal" continuation of
his diary as Treasurer of the Commission appointed under the
Rebellion Losses Act, 1851.    ("Voyages a Kingston", Janvier, 1842.)
Transcripts from W.O.I, In-Letters.
Major  General J.  Skerrett to Colonel  Gordon,
Newfoundland, 14 August, 1806.
West Indies, America, etc., 1800-1813.
7; 389-535.    (Not copied.    Nothing relating  to
Canada.)
French Royalists 1793-1800.    Extract relating to
proposed Regiment Royal du Canada.
Governor's despatches, 1840-1841.
Miscellaneous and Public Offices, 1840-1841.
North America, 1842.
North America, 1843.
Military Despatches, 1844.
Miscellaneous and Public Offices, 1844.
Nova Scotia   and   New   Brunswick   Despatches,
1845.
Nova  Scotia  and  New   Brunswick  Despatches,
1846.
Nova  Scotia  and   New  Brunswick  Despatches,
1847.
, 545-47. (Not copied.    Nothing relating to Canada).
548. Nova Scotia, New Brunswick, Prince Edward
Island, and Newfoundland, 1848-1849.
549. Nova Scotia, New Brunswick, Prince Edward
Island, Newfoundland and Vancouver Island,
1850-1851.
550. Nova Scotia, New Brunswick, and Prince Edward
Island, 1852-1853.
War Office: (1)
Trai
W.O.I,
Vol.
95.
Wr.O,l,
Vol.
96.
W.O.I,
Vols
. 97-:
W.O.I,
Vol.
388.
W.O.I,
Vol.
536.
W.O.I,
Vol.
537.
W.O.I,
Vol.
538.
W.O.I,
Vol.
539.
W.O.I,
Vol.
540.
W.O.I,
Vol.
541.
W.O.I,
Vol.
542.
W.O.I,   Vol. 543.
W.O.I,   Vol. 544.
W.O.I,   Vols
W.O.I,   Vol.
W.O.I,   Vol.
W.O.I,   Vol. PUBLIC ARCHIVES
W.0.1,   Vol. 551.    Nova  Scotia,   New   Brunswick,   Prince  Edward
Island, Vancouver Island, 1854-1855.
W.0.1,   Vol. 552.    Canada  Despatches,   and  report  of  Lt.   Henry
Warre and Lt. M. VavasOur on the Oregon
Territory, 1845.
Public Offices, Canada, 1845.
Canada Despatches, 1846.
W.0.1,
W.O.I,
W.0.1,
W.0.1,
(2)
W.0.34,
W.0.34,
W.0.34,
W.O.34,
W.0.34,
W.0.34,
W.0.34,
W.0.34,
W.O.34,
W.0.34,
W.O.34,
(3)
W.0.57,
W.O.57,
W.O.57,
W.0.57,
W.0.57,
. 553.
.554.
Vol
Vol
Vols. 555-558.   (Not copied.    Nothing relating to Canada.)
Vol. 559.    Canada Despatches, 1848.
Transcripts of W.O. 34, Amherst Papers.
Vol.   47.    South Carolina and Virginia, 1757-1763.
Vol.   48.    South Carolina and Virginia, 1758-1763.
Vol.   49.    Detroit, 1760-1763.
Vol.   50.    Ticonderoga, 1759-1763.
Vol.   51.    Crown Point, 1759-1763.
Vol.   52.    Crown Point, 1759-1763.
Vol.   53.    Fort Stanwix, 1759-1763.
Vol.   54.    Forts William Augustus,  Edward,  and  George,
1757-1763.
Vols. 55-56.    (Not copied.    Nothing relating to Canada.)
Vol.   57.    Colonel John Bradstreet, 1758-1763.
Vol.   58.    Colonel John Bradstreet, 1757-1763.
Transcripts from W.O. 57, Commissariat, In-Letters.
Vol.   14.    Canada, 1811-1813.
Vol.   15.    Canada, 1814-1815.
Vols. 16-35.    (Not copied.    Nothing relating to Canada).
Vol.   36.    Nova Scotia, 1811-1812.
Vol.   37.    Nova Scotia, 1813-1815.
(4) Transcripts from W.O. 58, Commissariat, Out-Letters.
W.O.58, Vol.   63.    Canada, 1810-1811.
W.0.58, Vol.   64.    Canada, 1811-1815.
W.0.58, Vol.   65.    Canada, 1815-1820.
W.0.58, Vols. 66-124.    (Not copied.    Nothing relating to Canada.)
W.0.58, Vol. 125.    Nova Scotia, 1809-1815.
W.0.58, Vol. 126.    Nova Scotia and Bermuda, 1815-1820.
(5) Transcripts from W.O. 62, Instructions.
W.0.62, Vol. 44.      Instructions to Storekeepers, 18124813.
W.0.62, Vol. 45.      Instructions to Commissariat Officers, 1809-1814.
Wright, Philemon: Grant of the township of Hull to Philemon Wright and
others, 3 January, 1806. Copy. Typed. Presented by Miss Helen
Farmer, London, England.
Writ of Election: Writ for election of a member for the county of L'Islet,
19 February, 1841.    In French.    Copy.    (S 5, Vol. 4). HISTORICAL DOCUMENTS  'NOTES    AND    REMINISCENCES  OF  AN    INHABITANT
MONTREAL DURING THE OCCUPATION OF THAT
CITY BY THE BOSTONIANS FROM
1775 TO 17761
OF
By Pierre Foretier
(These notes and reminiscences are by Militia Colonel Pierre Foretier,
who was kind enough to dictate them to me, in 1806, for the collection of
Canadian MSS, I was engaged in making at that time. Born in Montreal,
January 12, 1739, Mr. P.F. died December 2, 1815, at the age of 76 years.
J. (acques) V. (iger))
"In the course of the winter of 1775-1776, the city of Quebec being
besieged by the Americans and that of Montreal in their power, in my
hands were placed Despatches or Letters for General Guy Carleton then
Governor of that Province. Although the obstacles in having these letters
delivered to their destination must have appeared almost insurmountable,
I did not put aside attempting the undertaking. I therefore sent Messrs.
Lamothe and Papineau from Montreal, each one with a rough stick,
hollowed out in such a way as to contain these letters. They travelled
south of the St. Lawrence river walking by day in the woods and by night
on the highways; they proceeded farther down than Quebec; crossed to the
island of Orleans, and entered by night into the town, where they gave
the two sticks to General Carleton. During this time I was much worried
concerning the success.
"I knew that a small army of Canadians and Indians was being formed
in the Parish of Vaudreuil, with the object of attacking an Intrenchment
where there was a supply of food and war munitions, guarded by about
300 Americans. I knew also that this little army of Canadians and Indians
lacked powder, ball, deerskin shoes, etc. I wished to procure for them these
divers articles so necessary, but to do that I had many difficulties to
surmount.
"The American officers and a great number of their troops were lodged
in the homes of the inhabitants of the Town of Montreal and for my part,
I was biletting Colonel John Philip de Haas, his aides-de-camp and his
servants. Here is the means to which I had recourse to deceive the
vigilance of my guests, and help the little Canadian Army at Vaudreuil.
"I gave supper to Colonel de Haas and his suite and had the table
served by his own servants. Nothing was spared to prolong the pleasure
of the evening (they retired from the table three hours after midnight)
and to turn the minds of my guests towards the only purpose of the f§te;
but during the same time four trustworthy persons (Messrs. Basile Proulx,
Basile Desfonds, Captain Roi and Louis Joseph Soupras) ready to seize
the opportunity, as we had agreed together, removed from my vaults
several barrels of powder, of 15 each [sic] bags of ball, deerskins etc. All
these articles were placed in sacks filled with flour, which were lowered by
ropes from the top of the city walls into vehicles which travelled with
haste through St. Laurent, Ste. Genevieve, La Pointe Claire, Ste. Anne with
1 Public Archives, Viger Papers, Vol. 4 (transcript from Archives du Seminaire de Quebec).
xxiii xxiv PUBLIC ARCHIVES
the appearance of returning from the mill with their flour. These vehicles
arrived in the night at Vaudreuil at the house of cure Beaumont, who was
a party to our secret. He had these things deposited in a hole he had had
dug in advance, in an autumn fallow field. The hole was filled up with
earth and he put a flock of sheep to pasture on the same spot where the
cache was. This ruse had full effect; it was never imagined that the
grass that pastured these animals covered such a magazine. These
munitions were delivered in due time and place to the headquarters of
our little army, which was being organized by Monsieur de Montigny, the
older, with whom I had bargained. This gentleman went with his corps
of loyal Canadians to join Captain Forster, of the English army, who put
himself at the head of them with his soldiers and his Indians which Chevalier
de Lorimier had also brought, went straight to the American entrenchment,
surrounded and captured it.    This happened in the spring of 1776.
"The American prisoners captured in this fight were first taken to
L'Isle-aux-Tourtes then put under the guard of the Indians of the mission
at Lac des Deux Montagnes. Those of the Rebels who escaped crossed,
after the action, to Ste. Anne, under command of their chief, Arnold;
they remained there several days in the house of Monsieur de Montigny,
called Fort Sennville, situated on the western point of the Island of
Montreal, and to which they set fire on June 1st 1776, when they evacuated
to return to Montreal.
"I frankly confess that during the occupation of that town by the
Americans (or Bostonians as they were commonly called then), I was
rather worried; for I was often told, and even by friends, that I was suspected
of acting in some way against the Rebels, of whom we were like prisoners.
Finally I was arrested, and four soldiers brought me to the Government
House, where the commander, Mr. Wooster, was staying.
"They made me sit on a small bench. I stayed there at least two hours,
with only my guards for company. I expected that they would give me
a rigorous examination, and I feared the consequences of it. Finally
the door opened: the Commandant entered accompanied by from 12 to 15
officers; and being all seated, one of them (*) said to me in good French
in a serious way: 'Mr. Foretier, we are extremely suspicious of you, you
are betraying us: you will have a hard time if we manage to get the least
proof: be careful, yes, be very careful.'
"Then they all rose, and the commandant, Mr. Wooster, in shaking
hands with me had me told through the same Mr. Price: T shall commend
you to Colonel De Haas who is staying at your place, and I will enjoin him
to keep an eye on your conduct: go, sir, but be careful.' Seeing that I was
free, I hastened to rejoin my family, whom I found in tears.
\ "A few days after, Mr. Wooster, having learned that an English
flotilla had arrived at Quebec with troops, and that General Burgoyne
was the Commandant, assembled his principal officers at his house to
hold council. Colonel de Haas who also had been called, was no sooner
out and back at my house than he dashed upstairs to his rooms and gave
his servants the order to pack up his effects without delay, informing them
that they, with him and his staff, were immediately to rejoin his Regiment,
stationed at Longueuil. He then came downstairs to my place and very
heartily invited me to go to see him at Longueuil, the same evening, after
0) It was Mr. Price, the partner of Mr. Hayward, who had a big business in Montreal. He was
Commissioner General for all the needs of the enemy army.    (Note by Colonel Foretier.)—J.V. REPORT FOR THE YEAR 1945 xxv
sunset; and he told me he had many things to communicate to me, and of
great importance to me. I promised him I would go to the appointed
place.
"When the time of departure came, my wife and my children being
informed where I was going, started to weep and did all they could to
detain me from this trip. They said that Colonel De Haas, under the
false pretext of confidence he was claiming to place in me, was hiding
his intention of seizing me, making me prisoner and carrying me along
with him to the revolted colonies. After some moments of hesitation and
reflection, I resolved however to trust to luck, and I tore myself from
their arms.
"I crossed in a little canoe, the night was very dark. I left my men
in the canoe and a few paces from there I met the colonel who was coming
towards me; I recognized his voice. He took me by the hand and led
me up the hill; and having made me sit down on the grass with him, he said
to me:
" 'In the council that we held today at the Commandant's place,
it was decided that tomorrow morning, about 7 o'clock, a detachment of
40 men in charge of a sergeant, will go to your house to take and remove
all the merchandise from your shop in upper town; but there has been
no question about your stores in lower town. They will also pillage
all the other shops in lower town, but I do not remember the names of the
merchants. The reason for this is that we are in need of many articles
which we have not got. Finally, take advantage as much as you can
of my warning.
" 'Believe me, Mr. Foretier,' he continued, T am a good and true
Royalist and if I serve with these troops it is against my will, all my
Regiment has been formed at my own expense. I had to choose between
being deprived of all my possessions, which are considerable, or forming
and maintaining a Regiment which I would command myself in this war;
and at the present my Regiment is in need of boots; I beg you to give me
800 pairs of boots, and I will give you credit through Messrs. Meuse and
Caldwell, in Philadelphia.' "
"I promised to send him 800 pairs of boots, and I thanked him very
much for his information regarding my shop.
"I returned home, my family were extremely worried about my fate;
I made them acquainted with what I had just learned, and thus restored
composure in the household.
"It was then midnight. Without losing time, I entered my shop and
with the help of Mr. Charles Latour, it was emptied of all the most valuable
things that were in it, such as gold and silver lace, Valenciennes lace,
ribbons, fine cloth, which we threw down a trap-door that communicated
with the vaults behind my house; from where my children, my clerks, and
my servants, carried these effects right into the third vault. After that
we filled all the shelves of the shop with coarse cloth and coarse material
and other merchandise of little or no value. It was 4 o'clock in the morning
when we had finished.
"We were awaiting the event announced the night before, when
actually, between 7 and 8 o'clock, the detachment arrived at my door.
The sergeant entering alone, asked me politely to have the door of my shop
opened for him, 'having' he told me, 'an order to take and carry away
the merchandise it contained.'    On my refusal, they all set to work to break xxvi PUBLIC ARCHIVES
in the door with iron bars and blacksmiths' hammers, broke the iron door,
and after having worked for two hours' time, they were able to remove
all the goods they found there.
"That same evening Colonel De Haas came to dine with me in my
back room, both to learn the result at the shop, and to give me a letter of
credit for payment of the 800 pairs of boots.
"While we were at the table, Mr. Basile Proulx whom I had sent to
meet Captain Carleton, whom I knew to be en route for Montreal, arrived
and told me that he had left the captain at Trois-Rivieres; that he would
arrive in Montreal shortly with 400 troopers, and that he begged me to
provide lodging for his soldiers. He wanted to let me know, besides,
that a certain number of troops were coming up to St. Jean by the Chambly
river.
"The next day Mr. Price came to ask me to lend him my carriage to
drive his wife and Dr. Franklin as far as St. Charles, which I did.'X1)
(») May. 11, 1776—J.V.   Journal of Chs. Carroll. CONDITIONS OF SETTLEMENT AT TATAMAGOUCHE,
NOVA SCOTIA, 1795
INFORMATION RESPECTING THE ESTATE OF TATMAGOUCHE
IN NOVA SCOTIA1
obtained on the spot by Cap? John Macdonald and transmitted to his friend
L* Gov* Desbarres the Proprietor thereof
List of Pennants on the Estate of Tatmagouche and a Memorandum
given by Gov* Desbarres to Cap1 M Donald.
No
1. Wellwood Waugh f-
2. George Gratteau—O
3. James Gratteau—O
4. David Langille \-
5. Mathew Langille—O
6. George Tatteray h
7. James Bigueny—O
8. George Mettetal h
9. George Metetal Jun'—O
10. George Patterkin—O
11. James Langille—O
12. Peter Maillard h
13. John Shea—O
14. Robert Adams h
15. James Martin—O
16. George Langille h
17. John James Langille—O
18. John Magra—O
19. James Jodril—O
20. John Minigo—O
NB    Those marked with a crosslet are extant-
Those marked with O are dead or have left the Lands.
When France was in possession of Cape Breton a number of Acadian
Families were settled here, & carried on a considerable trade of wheat,
cattle & Lumber with Louisburgh, besides the fishery and some Peltry
In 1770 I setled 18 families from Lunenburgh supplied with cattle
provisions &c: &c: they had encreased to 28 families.
The Condition of their setlement were 60 acres to each family, their
heirs &c: for which they were to yield the 7th year five shillings- the 8th year
ten shillings- the 9th year one pound- the 10th year three pounds, and so
to continue to pay £3 Sterling per annum forever
* Public Archives, Desbarres Papers. Vol. 4. xxviii PUBLIC ARCHIVES
They were to rear up all the young ones of the horned cattle and
sheep &c: furnished to them- the Increase to be divided equally, and one
half thereof to goe to the Land Lord.
Extensive tracts improved were reserved for my Setling hereafter
on other or more advantageous terms- as also such places as are adapted
for erecting saw mills or Gristmills or Towns, were reserved.
I am informed several of the tenants have quitted the setlement.
1st Page
List  of  Tennants  on  the  Estate  of  Tatmagouche,  as  they  actually
stated— with the rent they pay, and specific Remarks
N°   1. Wellwood Waugh 1    £       S     d
2. Thomas Waugh [ 15 "    0 " 0
3. Alexander Waugh j
These are the Father and his two sons lately married and
setled The farm they possess is I think that formerly possessed
by M* Delesderniers a couple of miles up Tatmagouche or
Southhampton.River. To one coming there from St. John's
this place, as well as all others on this coast has a wild and raw
like appearance; but in good weather it is not destitute of
romantic beauty. There are two or three spots of a few acres
each of Intervale Lands upon it, and some spots of marsh not
comparable to marshes in many other parts of Nova Scotia,
attached to it, which though so small constitute the chief value
of the farm, as facilitating the Improvement of the uplands,
which appear to me to be of much the same quality with those
in the vicinity, of which I shall say all that occurs to me in one
place hereafter. With this advantage they seem to proceed
strenously in clearing and improving this difficult soil, far more
so than any I have had occasion to observe on the coast.
They appear to be very active industrious, and as fit for any
business by sea or Land as any in America. They do their
own Iron work- have erected a small Grist mill for their
domestic use on the farm. They have also erected in
partnership with the Proprietor or M* Wm Desbarres a saw
mill upon Frederick River, which if I remember well may
make about 200,000 feet of boards a year. They drive their
cattle to the Halifax market and excite all the life or stirr
that appears to be in the place, which indeed is no great
matter, but without them it would be dead to all intents.
They are very hospitable and obliging to strangers as myself
have experienced, and they have frequent occasions of
being so, the Cobequid road passing through the farm.
This road within a Couple of years be as good as that from
Pictou, and is some miles shorter. One of them is a Justice
of the Peace. If I remember well, the piece of land alloted
for them paying the above rent may be about 1000 acres.
When M™ Cannon has been difficulted for cash for paying
off the Executions &c: as M- Wellwood has told me, he
gave her £100 & upon the whole engaged to give £250, the last
part of which, being a hundred or fifty pounds was to be REPORT FOR THE YEAR 1945
paid up to her this Autumn, considering it to be the purchase
money of the farm, the Interest of the money at 6 per Centum,
the Provincial legal rate amounting to £15 a year equal to
the rent. I observed in talking of these sorts of sales,
that I had no Authority to do them, and I could not say
how far Gov* Desbarres would approve of MZ Cannon
having done any thing of the kind, and I hinted that by way
of inducing Govr Desbarres to do it, it would be prudent
to take care that the money should be remitted to himself.
Mr Wellwood Waugh said, that the money already given
was necessary towards the discharge of the Incumbrance of
the Executions- at least that he was told so- that he would
make a point of the remainder that is to be paid thereof
being remitted to you- that for his part it would make little
or no odds to him if he got only a Bond for the money with
a Provision in it for leting the rent and the Interest discharge
one another until the Bond should be paid. Thus lies the
matter, and no further remark occurs respecting that farm.
N°  4.    Robert Adams  3 "
This man is a valuable tennant, improving well and
paying well. I think he has two Lots according to the notes
I took at the time and is on Point Gushard at the west corner
of the Grant.
0 " 0
N°   5.   James Langille   1 " 15 " 0
This man wishes for another Lot for which he pays
only the half being   0 "
at present, but he will pay thirty shillings when the deed
shall be made out for him. This James Langille is represented to be an improving and prosperous setler. His Plantation is at Point Brule.
15 " 0
N°   6.    Thomas Henderson.
This is a new setler upon new lands. He is erecting good
Houses and seems to be industrious. He is not as yet fully
bargained with, nor is the period as yet arrived for paying
the first rent even if it were ascertained; wherefore it is left
a blanc here. It is supposed it will be some such triffle as
the others pay.
N°   7.    George Langille Senior     5 "
This man has, according to my Notes taken at the time
I was there, two Lots- the lands left by the deceast old
Gratteau upon Frederick River. He is said to be improving,
prosperous and likely to continue on the Lands.
0 " 0
N°   8.    George Langille Junior     1 "
This man is at the Blockhouse. Mr. Waugh has
hitherto doubted whether he could give a valid Lease of the
Land as some alledge it has been purchased by Government
5 "0 PUBLIC ARCHIVES
when the block House was erected. The man seems
contented with the Lands, though uneasy by having no
Lease. I should think Government will never use the
block House &c:
N°   9.    Henry Heddon     1 '
This man has been about two years at Point-Chappel;
but is said to be going away.
13
N° 10.    George Mettetal     1 "
This man's farm lies next to Heddon's upon the right
hand as one goes up the river. Mettetal wanted a Lease:
when it was made out he would not accept it: His son was
going about to look for Lands on other Grants. It is still
uncertain if he will accept of the Lease: If he goes, it will
perhaps find a tennant. The farm lies at the mouth of the
River. I conversed with Mattetal. The reason he gave
for refusing the Lease is that he did not get with it a marsh
called Bigueny's Island, of which he had had the benefit
for some time formerly, having been as he says actually
included in his original Lease, which has happened to have
been burnt. That if he got it included in the new lease he
would take a hundred acres more of the woodland. In the
Altercation thereupon between him and Mr Waugh I understood from the latter that though the man had the benefit
thereof indulged to him in the earlier period, when there was
none else to take it, yet it was unreasonable in him to expect
it now that others stand in need of it, and pay, unless himself
would undertake to pay for it. As I had not the means of
ascertaining whether ever it was included in the man's
original Lease, I could not help allowing what M- Waugh
said to be most reasonable There is a third farm in the
same place formerly held by James Bigueny, who is gone.
This farm is vacant according to my notes. The three
farms look well from the harbour at a distance but upon the
spot they are very trifffing indeed. The small spots of wheat
were poor. The spots of potateos, small in proportion,
looked better, because whereever there is any dung the
potatoes get their sufficient share thereof of course. The
residue of the formerly improved Lands belonging to them
have returned to the original woody state, which argues
a want of due Improvement: So thus unless,some spirited
laborious and industrious man got them again, who under
the advantage of the cleared spot would clear and improve
more land, the present clear land on the three farms would
make no more than one farm; but there does not appear
to be such people in Tatmagouche, unless any of Mr Waugh's
people would undertake it. They however have, besides
the farm on this Estate, more promising wood lands in
other parts- and the Lands upon this coast give little or so
little rent, that whoever takes them will scarcely pay so much
as the former rent.
13 REPORT FOR THE YEAR 1945
N° 11.   Thomas Stevens	
1 "    5 " 0
This is an old man. When he dies, it is uncertain
if the farm will find a tennant. In the notes I took at the
time I was there, Bigueney's farm, mentioned is sett down as
vacant, and I have Stephens whom I have seen, sett down
with this rent for the farm in question; but while I now
peruse the notes, I forget, whether this is a fourth farm
besides the above mentioned three, or whether it is the
vacant farm held by Bigueney, & that I forgot so to say
when making the notes. It is the next to the mouth of
Frederick River, and an Idea that runs in my head of there
being only three farms between the Mouth of Tatmagouche
River & that of Frederick River, is the cause of this doubt.
N° 12.
N°13.
John Maillard	
William Hayman.
13
In case Bigueny's above mentioned vacant Lot is not
that held by Thomas Stevens as above, then perhaps it is
this for which John Maillard and William Haymen pay this
yearly sum, possessing it in the meantime at will until some
other one takes it.
The difference which any of these cases make is this:
If the farm left vacant by Bigueny is that held by Thomas
Stephens N° 11 then there is only three farms between the
mouth of Frederick and Heddon's N° 9 at Point Chappel,
viz the three of which I have said the now remaining clear
or cultivated Lands would only make one tollerable farm.
But if the farm left vacant by Bigueny be not that now
held by Thomas Stephens N° 11 then there are 4 farms in
that space, such as they are viz Heddons N° 9 — Mettetal's
N° 10- Thomas Stephen's 's N° 11 and Bigueny's vacant,
which gives so much more advantage as Bigueny's may be
worth.
If Bigueny's farm is that for which Maillard & Hayman
pay the £1. 13 4, then there are four, and Bigueny's fourth
one yields rent for the present. If Bigueny's is not that
held by Stephens nor that for which Maillard and Hayman
pay £1. 13 .4, then besides the three farms N° 9-10- there
are two viz Bigueny's vacant, and that for which Maillard &
Hayman pay £1. 13. 4 for the present, which gives so much
more value to the Estate as these two may be worth. This
uncertainty, which can only be removed by Inspection on
the spot, arises merely from an inadvertent omission in my
Notes, taken at the time, which I did not perceive until this
moment, while the local situation of the Lands escapes my
memory, which is not quit so good as formerly: PUBLIC ARCHIVES
No
N°
John Maillard	
William Hayman.
These are the two men already mentioned as paying
£1 . 13 . 4 as above: they are new comers upon wild land
on a point between Frederick River & M* Waugh's about
a Mile below the latter. They have built tollerably good
houses, and in July their grain looked as well in quantity
and quality as might be expected. They hold in this Instance
180 acres more or less; but the term of payment is not arrived.
N° 14. David Langille Junior  5 "
N° 15. David Langille Senior  5 *
N° 16. Mathew Langille  5 "
N° 17. George Tatteray  5 "
These four viz. N° 14-15-16-17, live up Frederick River,
where there is a spot of Intervale land divided upon their
farms. For these farms and the Intervale Gov' Desbarres
originally gave a Deed to Nine families at £27 of rent. Only
four setled upon the same, who took the entire Intervale
viz John James Langille deceas'd father of David Langille
Junior, together with the above David Langille Senior,
George Tatteray, and Mathew Langille, and they were upon
the footing of being liable for the whole £27, which they
thought, and certainly was, too high. When Gov1 Desbarres
was in Cape Breton John James Langille went to him to represent the matter, and the Gov* gave a Note upon a bit of
paper importing that they must pay £20 per annum, or leave
the place.
Now the state of these farms are represented to be thus:
they are still considered to be too high rented at £20 and to
stand in need of a reduction- particularly one share, of which
the Intervale has been so much injured by the River at the
departure of the Ice, as to be quit inadequate to the rent
of £5 in comparison to the other three shares, which are at
any rate deemed to be too high. John James Langille
deceast, who had gone as above to the Gov* in Cape Breton
had been the tennant of this injured share, and being still
discouraged, notwithstanding the reduction from £27, went
to Lunenburgh where he took a farm, but after some time
returned to Tatmagouche, and continued to possess the same
Farm again until his death and was succeeded therein by his
son David Langille Junior.
David Langille Junior the son of said John James
Langille is as we say between hawke and Buzzard, willing to
continue, but entirely uncertain whether he shall be able
so to do. It appears to be universally allowed that he
cannot go on, unless the rent of his share of the Intervale
destroyed by the River is lowered.
0 '
' 0
0 '
' 0
0 '
' 0
0 '
' 0
N° 15. David Langille Senior is an old man and it is supposed to
be probable his son will leave the farm when the father
shall die. REPORT FOR THE YEAR 1945
N° 16. Mathew Langille is an old man, having no body to
succeed him when he shall die, the farm will of course become
vacant, but it is likely to find a tennant, being one of the
good shares, if the Rent shall be lowered.
N° 17. George Tatteray - being an old man, and having only
young children, there is no doubt but the farm will become
vacant upon his death. It will however find a tennant,
particularly if the Rent shall be lowered, as it is one of the
sound shares of the Intervale.
Here I must make a remark which must apply less or
more to all the old setlers, but in particular to those connected
with this Intervale Spot, that it is an extreme bad sign
either of the quality of the Lands or of the Industry of the
Tennants, that they have not in the course of time cleared &
improved so far as to be more independent of the Intervale
& Marshes. Such I look upon as to be considered of extraordinary value in the begining of a settlement in order to
help the setler to improve the uplands. If these are not fit
to support the cause in the course of time, I should consider
the whole as not being worth my while, unless the Marshes &
Intervales were of an extent fit to make a tollerably good farm
without the uplands. The uplands are difficult, I think;
but what degree of exertion are such poor old men fit for?
How, but from the want of exertion have the Lands returned
to wood, where they had been formerly cleared?
N° 18.    Peter Maillard     1 " 10 " 0
This man has been long known to the Gov* His place
is upon the Harbour. He has applied to me to sell the Land
to him, and he would sell his whole little stock at once to pay
it, in order to be free of duns for rent in future, however poorly
he might live- that they found the being called upon for rent
every year to be irksome, as they did not, from the scarcety
of hay, raise cattle regularly to answer paying the rent, and
when they chanced to have a cow for sale, the distance from
the Halifax Market reduced the price to next to nothing, nor
was there a Market for raising a shilling by any other means,
such as butter, fowls, egs, shingles, fish, mapple suggar. He
said that he had offered £25 for it to M™ Cannon, but she
demanded £30 which he thought too much. I answered
that I certainly had no authority for making such sales, and
I doubted whether M™ Cannon had any. He said that she
had sold his to M' Waugh and why might not she or I sell
to him, and to the rest, who would probably make a shift to
purchase their farms by the same means of selling their little
stock? I told him that the case of M* Waugh seemed to me
still to lie quit open for your determination to which I
referr it. PUBLIC ARCHIVES
N° 19.    George Chalmers.
When I arrived at Tatmagouche this man had begun to
treat with M- Waugh for 200 acres wild Land at Point
Barrissoy. Not to lose any opportunity of leting the Lands
of this Grant, which seems to be rather looked down upon,
and some of those upon it to be inclined to retire from it,
on account partly of their want of energy, and that the
Philadelphia Company sell some better lands at a Six pence
& shilling per acre in the neighbourhood, I judged it best to
give into the Transaction particularly as M' Waugh is of
opinion that it would not fetch more or so much perhaps
ever. He pays only One pound from the end of four years
after May next for 999 years. This makes £10 of capital
for the 100 Acres, which the Philadelphia Company sell
for £5.
Thus the actual current Rent is, including M* Waugh's
£54"10"0, which when the other 15 shillings as above from
James Langille Junior- and the Rents of Maitland &
Hayman- of Thomas Henderson- and of George Chalmers,
come on the Roll, will, I dare say, amount nearly to £60
per annum- and to some little more in case Bigueny's former
farm & that for which John Maillard & Hayman pay
£1 " 13 " 4 at present, are over and above in the manner
I have pointed out above.
The following is the Intelligence given to me of the conduct upon the
occasion of the Attachments at the Instance of the Publick Credit or
M* Tremaine on the score of the debt for the affairs of Cape Breton as
I collected it upon the spot. I divide it into three periods- that before
Judgment- After Judgment- and after the tennants were persuaded to
attorn to M* Tremain— and Lastly the consequences thereof to the
Estate.
Before Judgment
The Attachments against the Tatmagouche Estate were at the
Instance of Tremaine Hall and Stout. In this Island of St John there
is a Law named the Absent Debtor Act in virtue of which one choosing
right or wrong to make a claim against an absent person, may upon swearing
to the same get an attachment laid by the sherriff- then take Judgement
and Execution and I may say scatter the whole property in the wind
before the Owner can be informed of it. That such Laws should be made
in these countries, where the assemblies have been ignorant, and the other
Branches of the Legislature either immediately interested in the occasions
of making them or led by men, whose drift is to unsetle Property in order
that well disposed persons may be in a manner constrained to leave every
thing to themselves, is not to be wondered at, but that Government at home
did not from the very face of such Laws see what they unavoidably led to,
and disallow them accordingly, is what may excite our Astonishment- or
that that they did not at least return them in order to be qualified with
some restraints, or means of redress to the subject victims. The consequences in this Island have been dreadful, as in the case of McKill. I fancy
there is also a similar in Nova Scotia, and that it was upon the same your
Property has been proceeded against. REPORT FOR THE YEAR 1945 xxxv
The sheriff from Halifax attended by M' Tremaine had got as far as
Cobequid in their way to Tatmagouche.
M* Waugh your principal setler and agent there, had three or four
days before got Intelligence from a friend of the Intention to lay on the
attachments. Anticipating that an unnecessary havock would be made
as usual in such cases, he wished to remove as much of the property as he
could; Accordingly he setled with the tennants, taking the Notes of such
as could not immediately pay and making them over to M™ Cannon.
He also collected and drove two or three miles back into the woods all
the cattle, which had been leased for the Moiety of the annual proceeds
along with the Lands by you to the tennants, and in the course of time
sent them also to M™ Cannon.
Having done this M* Waugh went to Cobequid with a view to contrive
delaying the Sherriff until some part of the strict period of time which
the Law requires to be between laying the attachment and the Meeting
of the Court should pass. The required space was 10 days and no less
would do according to Law. The sherriff wished him to goe to Tatmagouche:
M* Waugh declined returning for a Couple of days, so that there were
only Eight days to run when the Attachments were laid, notwithstanding
which they proceeded to Judgment. M' Waugh took a sort of Protest
against this in the Sherriff's presence, which I send herewith.
After Judgment
Tremaine came to Tatmagouch with Sherriff Fowler of Cobequid and
Wheddon. With sword in hand, assisted by Tremaine and Wheddon, the
sherriff opend the Gate of M* Waugh's farm yard, attached all the stock
belonging to Waugh, though the latter declared you had no Interest
whatever in them, and drove them violently into a field of standing corn
that was at hand. M* Waugh's people endeavoured to drive them out
of the corn, but were prevented by the armed sherriff.
The pretence of this attachment against M* Waugh was his having
sent the cattle, leased as above by you to the tennants along with the Lands,
into the woods. An action was accordingly brought. M* Waugh defended
and carried it at a proportionate expence; for there is no point of Law
more clear, than that though you had an interest in the proceeds of that
species of stock, yet the cattle themselves belonged to the Tennants who
had them in possession, and as well might Tremaine have attempted
to wrest the Interest of the tennants in the fields they had taken on lease
and laboured, as take the cattle for your debt. This Waugh knew, and
the reason of his putting the cattle out of the way was because he knew
that the sherriff and Tremaine would stand at nothing, but lay their hands
upon every thing, and let you seek them again as well as you might.
There were two fine young horses, one of two years and the other of four,
belonging to a friend of yours at grass upon Waugh's farm, who protested
they were not yours. They were notwithstanding seized and though none
of them had ever been rode before, and that it is against Law to ride cattle
in such circumstances, Tremaine's agent upon the occasion and another
of the Party rode them through the forrest of 22 miles without a road to
Cobequid, making that distance threefold as they drove the rest of the
cattle. At Cobequid they rode them up and down the villages for eight
or ten days, tying them to a stake at the doors instead of stabling them,
when they had occasion to make a halt. When they were checked for this
conduct they offered defiance to Gov* Desbarres.    From Cobequid they
37759—CJ PUBLIC ARCHIVES
were rode 70 miles of bad road through the woods to Halifax, where being
sold they fetched only three pounds each, though Waugh offered £14
each for leaving them at Tatmagouche.
Third   visite & the consequences
Having carried matters thus far they made Waugh and the other
tennants attorn to M* Tremaine as their now Landlord, and to pay him
the rents for two years & three months, when the period of Redemption
should expire. The tennants were also forced to pay to Tremaine the
arrears of rent, which they had already paid in the Notes of hand given to,
and taken by Waugh as above. Seeing you and your affairs run down
at all hands they distrusted every thing on your side, and would not resist
this Imposition.
The extraordinary avidity and severity used in seizing the cattle
of the Tennants after their attornment much disgusted People from
setling on the Lands & injured the Actual tennants: for Instance a man,
they gave out for a Butcher, was brought from Cobequid along with
Tremaine's agent. He put what value he pleased upon the cattle, and
at that price they were taken and given by the agent to him. A cow
belonging to Robert Adams, one of the best in the whole country, had been
so valued, & taken at only three pounds ten shillings. Waugh, meeting
them as they drove her along, offered them that amount in hard cash,
if they would let Adams take back his cow, but it was refused.
The Estate had before that period, which was in 1787, grown to the
stage of setlement, which gives the above Rent, and being brought so far,
it would have been easier to proceed to a better Establishment. They tell
me it had actually at that time a considerable appearance of flourishing
in consequence of particular Encouragement which M* Waugh says he had
received authority from you to offer. People of his own connection,
had been invited from other Parts, but, they arriving in this state of
confusion he had it not in his power to make good the Encouragement.
Several in the neighbourhood had seemed much disposed to remove to
Tatmagouch, but the terror & diffidence, excited by the attachments and
executions with all the attendant circumstances above narrated or aluded
to, have kept them off to this day, of which the Philadelphia Company
agents taking advantage, opened another door to them sending at the
respective periods surveyors with their Instruments to tempt and measure
off their own lands for those in the district of Tatmagouche. The actual
tennants, unaccustomed to the scenes, that had been acted, were terriffied
and imagined they were to be plundered and turned adrift. James Martin,
John Langille, John Shea, Patrick Manning and William Murdock, setled
since you was personally acquainted with the Estate, left their farms and
went off. Thomas Waugh and Alexander Waugh, had been about taking
their farms, and building their Houses, for which all the materials of wood
and Iron had already been brought to the spot. They threw up every
thing, and went to sea, in which line they continued until this last year, when
they have returned to commence their settlement. Mr. Waugh himself
had built the shell of his house, and made ready all the work of the
Gristmill: In this state of things he was disabled by the departure of his
children from proceedings: accordingly the erecting and Joining of the
work of the mill laid over until the wood work, exposed as it was to the
weather, rotted, by which there was no Mill upon the Estate until lately. REPORT FOR THE YEAR 1945
From this appears to arise the now retrograde condition of this
setlement- at least no other cause is visible. The only chance, in competition with others, in favor of any particular new setlement, is founded
upon the Confidence in the Owner, upon the general Ideas of Encouragement Justice and Security, and upon the effect of concourse or resort to it.
The difference of the quality of the soil, unless where it happens to be
very remarkable, is of little weight in the Scale: few are nice Judges, and
few choose to take the trouble of exploring an immense forrest for choice
spots, where they see others already contented, and enjoying advantages.
But once give a turn to the current of opinion: Sett that class of
people upon doubting and making comparisons: open any new doors
to them: the whole scheme is overturned, nor is there such a thing as
bringing it again into the original channel
This appears to me to have happened in respect to Tatmagouche.
The first attempt of the setlement, which has produced the above Rental,
stood in need, for the purpose of enhancing and confirming it, of an occasional accession of setlers, as well as of the recruit of the young people
born on the lands. The above unfortunate Incidents dissolved the confidence in your affairs: In the mean time not only no new setlers have
acrrued, but several have removed: The great part of the original setlers
remaining make it rather a matter of convenience only during their residue of
life as it is troublesome to remove, while their sons have found out and fallen
into the practice of exploring what is called the Philadelphia Grant of
twenty times the extent of the Tatmagouche Grant, & having consequently
a greater proportion of land more convenient for setling in the present
stage, which is over and above sold for a smaller consideration than even
your present low rent. The humor of the day then is for the Philadelphia
Grant and it is fashionable, if I may say so, to depreciate Tatmagouche.
I am unable to conceive what might give a turn to this, excepting
two things— the one giving extraordinary encouragement, which is now
out of your power, and the other is perhaps at the distance of a century:
viz when the Philadelphia Company shall have sold off the Redundancy
or surplus of their lands, and no more shall remain to them than an extent
equal to Tatmagouche, they will then value it as high as you may wish
to value Tatmagouche: Being then upon equal terms the vicinity perhaps
more thickly settled- the late matters being also forgotten, will give you
both an equal chance.
There are few capable of entering properly into the Idea of the loss
that has accrued to you in respect to the Estate of Tatmagouche from the
circumstances narrated. For my part were the Estate mine in the state
of it before the misfortune happened, I would not take a thousand Guineas
more to exchange it for this day's prospect. I feel it to be a reasonable
supposition that you would in the mean time until this day have had at
least fifty pounds a year of additional Rent besides consolidating the above
former rent, and to say nothing of the progressive chances. When I say
this, I think I am moderate in my Estimate. I do not see how it could
be otherwise. The tennants, I dare say may now buy their own shares
for a capital that will yield an Interest equal to the rent: as to raise such a sum
they would be obliged to sell their stock, it might take three or four years
to realize the money at a proportionate expence of agency. Of the residue
of the Grant I would not take the gift. These appear to me to be the data
from which you are to estimate the loss, which the attachments have done
to you: They have ruined an Estate, which might have proved a support xxxviii PUBLIC ARCHIVES
to a portion of your young family, the proving which depended upon
your character, resources, and the securing & cherishing, what you had
already effected, in the critical time.
But there is another article of loss viz the half proceeds of the cattle
leased to the Tennants along with the land: You have heard that they
threaten you with prosecutions for such breach of the Lease Contracts;
but the truth is that they are glad of geting free of the Incumbrance,
inasmuch as they have replaced them, or will do so as soon as they can,
with cattle of their own, of which they will enjoy the entire proceeds, and
will reject the same being replaced by you, as you have once failed
therein.
This loss is easily & clearly ascertained by an estimate of the Medium
proceeds of cattle in the country- for the period yearly since the attachments, and in future forever, considering the same in its proper light ol an
actual yearly rent, as certain as any else to be received from the Lands.
I have not the ennumeration of the cattle you had so leased: you
have forgotten to send it; but I am sure you will be far below the usual
proceeds of the country, if you estimate two cows at four pounds ten
shillings each for your share yearly or half proceeds, after allowing for
every possible accident in the course of rearing, of every six cows you
delivered to them, with ten shillings each for the milk of three of them- two
sheep yearly at twelve shillings each, for every six sheep delivered- and
ten pounds yearly for each of two horses for every six mares delivered.
The cattle which had been leased having been sent as above by
M* Waugh to M™ Cannon, she made what use of them she thought proper
of them for paying the debt.
In respect to the land of that side of the Gulph of St Lawrence, I do
not pretend to Judge of it in a comparative view, as I have been little
accustomed to that sort: It is so far more uneven, nigged with stones,
and the wood is so strong and of such species, that I would sooner undertake
to bring six acres of my Lands into good tilth than one there- Ours is even,
light, warm, and kindly, and may be done what we please with from the
third day after the frost is out of it until the return of it next season, & we
have a competency of rain in the mean time and no fogg. The soil there
appears much stronger, and I was disposed to think it better, until I was
assured at all hands that so much water lodges on & near the surface that,
long after the frost, it is so wett as not to be fit for ploughing or sowing
for some time: This is one of the greatest Inconveniences in a climate
having a short summer, & a good deal of sea and land fogg. It is perhaps
scarcely fit for Winter wheat, as being apt to throw it out in the Spring,
and it is more precarious for Summer wheat, than our land is, which may
be stirred and sowed so early. This year I observed in one of Mr. Waugh's
fields a third part of the wheat to be quit smutty, whereas I had twenty
returns upon what small spot I had an opportunity of preparing in Spring
& that of fine plump wheat. In a tract of very hot & dry weather such
spouty land as yours may be apt to get as hard as a stone unless the ground
happens to be covered, before the drought comes on, with a coat of the
young corn or grass: Then indeed both will go on luxuriantly- such land
also is far more ticklish in respect to the times and manner of ploughing &
laying it up, as these things will answer well or ill according to the state
of the soil owing to the state of the weather, whereas we may almost
constantly proceed in the same routine, having only to take care to manure
our soil enough, but never too much, and in no case to over crop it. Your
Land however seems more natural to grass and will give a greater load REPORT FOR THE YEAR 1945 xxxix
of it than ours, which gives chiefly white clover, and great quantities of
the same if let out in good heart, but will scarcely sward if let out in
poverty.
Our soil is a mixture of red sand and red clay, the former being rather
predominant and the greater or less degree of this predominancy gives
the only varieties to be found in the soil of the Island from the one end
of the Island to the other. Such being the materials for a great depth,
the superfluous moisture is sucked down, and the water condensed & collecting in the cold of such depth is thrown up & bubbles in springs of the
finest water in the world out of the ground, which is firm & solid to the
very brink of the springs, as the hollows below every rising ground- then
meandring in clear rivulets dispense a sufficiency only of water for every
exigency of us or our cattle: when the tide is out you see the sweetest and
coldest water imaginable bubbling out of the shore among the sletch below
high water mark. In the greatest part of Nova Scotia there appears to
me to be some Impediments within a certain Depth from the surface, such
as beds of rock or strong clay, which do not let the water pass, but keep
it up near the surface. The springs of water are rare, though collections
of bodies of water in swamps & Lakes are plentiful- nor is the water so
fine- all because the water does not suffer adequate percolation as with us.
In a country however like Nova Scotia there are infinitely more of the
varieties and lusus naturae, and as every Inconveniency is attended with
or productive of conveniencies/: I know not if I express this properly:/
there will arise there in an advanced state of settlement a greater quantity
of good for all varieties of Exigency— Taking Tatmagouche as a part of
Nova Scotia it may of course have a greater share of such variety of
conveniency than any equal extent of this Island; but for my part at
present, having, as I think, once hit upon the invariable plan for our
far less variable soil & climate, I feel it suits better my Indolence, unskil-
fulness, and difficulties to have had my lot cast in this Island; for I am not
mightily in love with Tatmagouche or with any thing, I perceived, upon
that side of the Gulph, excepting your Lumber: The few Boards I took
from the Mill there are the best I have ever seen in Nova Socita; but
Lumber belongs to commerce and I have had no Opportunity of observing
how far a personal concern therein may not redound rather to the expenditure & pilfering of the Proprietor than to the making of returns to
him- At the same time such a thing upon an Estate is of great use to
Tennants, and mine feel and lament the want of it, as otherwise they could
build better & easier. I enquired about the Limestone you talked of
being there: they said there was none upon your Estate, but talked of a
few Rocks of that nature being upon the River John near the mouth of the
harbour, belonging either to the Crown or to the Philadelphia Grant.
They seemed to know or care little about it. There seems to be plenty
of stones fit for Grindstones about Tatmagouche: I know not but stones
might be got there for tollerably good millstones. I believe the stones
for M* Waugh's small mill were got there. Grind stones are wanted
all over America, and many loads are sent from other parts of Nova Sctoia
& N Brunswick
There is a M* MacNab, a son in Law of M' Waugh setled upon a farm
some where near the head of the Harbour, but not upon your lands. He
does well & keeps a small store for supplying the vicinity. There have
been some Loyalists setled around the Harbour, some of them half pay
Provincial officers, with whom this Line does not agree, & they seem
to do but little good. n PUBLIC ARCHIVES
111 l" Ramsha<=k harbour near to that of Tatmagouche there is a sawmill
Steaf Xh w *' Tly 'i'rt °f that P'ace- J have had boards IS
iS^JH^ I n0t by f° Per Cenlas good as those of Tatmagouche:
to me thft t^l^6 ^m\se.tlers «P°n Ramshack harbour, but it tppeare
lmS ard°r bemg evaP°rated. their spirits and hopes are now
 M} the gopes of the districts thereabouts appear to me to deDend
properly on the young men, who suppose they have explored and found
some better spots, than those formerly occupied, o^the PWkdebhla
te^KT-A Iatmag?UCh€uharbour' & some on that »f RTmshack How
dfc^vjr? th6Se' aft6r Aey Sha11 have fallen to work. time alone can
MacNabeaifdn^nTrader.°n Tatmagouche Harbour but the above M:
B™.*' and contrary to my Expectation, there was neither vessel or
Boat belonging to it but a small one of two oars, which Mr Waugh had.
Being under a necessity of taking an open boat with six hands at
so much per day from St Johns in order to force mnveragahS: aU wind^
m any tollerable weather, hoping they might return°Ihe ^mday Tvt
at a loss how to get from Tatmagouche. I tried to get the means o'f eofai
I hS^andfby Pobe<5uid. b« I soon found that wouldl^oTdo therefore
I had nothing for it but retain the boat & hands until I shou°d foSh £
T^mSnf TArffeI^ '" St .John's Island, mistaking it in the fog for Caol
Phil^lT I^U't tUs pa,rt of the Coast I think it right to sav that the
^fcoPlWe M^rrn^f^ b^ the fam°- * WitherspoTn of Ne^
iitpiliit
^uSSS^UT C°me here eVery Spring & Autu™ for REPORT FOR THE YEAR 1946
xii
It was little supposed ten years agoe that that part would get so soon
into a course of setlement. Who knows, notwithstanding the present
appearances, what may be the fate of the other unseemly parts of the
Gulph of St Lawrence in ten years more. But the plenty of fish towards
the Gutt of Canso & the trade & employment at the East end of it was a
great Inducement to the people in question, which is not to be had in
your neighbourhood.
At a time you might have readily got any Grant upon the Gulph of
St Lawrence, what tempted you to take so raw like a place as Tatmagouche?
There was a hundred times more Intervale at Pictou.
Before concluding I must mention that several of the setlers on your
Estate of Tatmagouche seemed disposed to complain of M* Waugh in
respect to some little Matters, the Merits of which I had no Means of
coming at, and respecting which I chose to be cautious, and therefore I did
nothing in them, aware, that when an Individual has to transact with &
regulate a Number of ignorant people, it is impossible he can please them
throughout. If M* Waugh has taken to his own use any triffling Marshes
about the setlements, which had been theirs of right, it was wrong. If it
was not theirs of right, but that they had only the use of it for a time until
it might be supposed they could raise upland hay, or until another Tennant
should cast up to take it- or if he only gave it to one having more need
of it than another, it is certainly another matter
In respect to any restraint on making Mapple Suggar or fishing: If
there is a likelyhood of that wood turning scarce in the vicinity, I should
think it right not to use it indiscriminately but under regulation It is
the same in respect to the fish in the River, it is certainly right to regulate
the taking it, & to forbide killing it in spawning time otherwise there will
shortly be none for any to kill. I do not understand the french & I speak
it still less, it was impossible for me to conclude upon allegations, the proof
of which was not at hand, & I left them as they were. Whatever is
rapacious is wrong— whatever tends to regulation is proper; but low people
are averse to regulation: they readily suspect agents, who are too frequently
interested, and they do not relish those things at the hands of agents,
which might be taken at the hands of the Master. This is one of the losses
of a Land Lord being at a distance and never communicating with his
tennants: such absence is hurtful to the Improvement of them & of the
Lands: they become estranged in regard & Interests from one another- Nor
will I say but this has been & is one of the greatest annoyances to
Tatmagouche & all your other Estates on this side the water. If yourself
were on the spot, you might better than any other make way for all the
young people on the lands- as it is they look out for themselves & make
a pretence of every trifiie to leave the Estate. It is in vain for a Man to
pretend holding an Estate any where in the world- even the most civilized
countries, unless he will personally attend to it and regulate and improve
it and the people together: probably I will find but too much occasion
to refer to this remark in treating of the other Estates.
Another thing they blame M- Waugh for is an Instance of their paying
one rent twice- This referrs to the circumstance of his taking their notes
for the rent due or in arrear upon the approach of the attachments, which
it was his duty to do. M™ Cannon made them pay the notes of course,
and if at the time of signing the notes they received acquittances for the
rent, which ought to have been given, Tremaine could not make them pay
it again if they disputed it; But M* Waugh blames them for paying and
they at last made an entire defection from you and xiii PUBLIC ARCHIVES
and even courted Tremaine who finding them so inclined promised them
mighty advantages as their Land Lord. M* Waugh's Lease had a marsh
belonging to it. After some time the remaining tenants imagining, that
the Attachments, Executions and Attornments made to Tremaine, had
vacated all former Transactions with you, applied to M' Tremaine for
that marsh. M- Waugh stood upon his right. The matter was brought
before the ignorant court of Common Pleas for the county. The Lease
was produced & Waugh's possession proved, and Tremaine, acknowledged
his order to the other Tennants. It was however given against M* Waugh
& he lost that year's hay of the Marsh. Waugh went to the Supreme
Court at Halifax resolved to pursue his clear right; but Tremaine was
that year in England, & before he returned the Redemption of the Lands
being accomplished M* Waugh recovered the marsh as before; but that
year's loss, in expence & trouble are in Statu quo
M* Waugh says that he wished to be obliging and useful to your
affairs- That for all the trouble he has had in realizing the value of the
cattle &c offered by the tennants for their rents and driving them to
Halifax, and in every Journey and occasion, he has never charged a
farthing-That he has been sued for driving out of the way & saving as above,
the cattle leased to the Tennants, which cost him seven pounds of Cash
to the Lawyers besides two Journies to Halifax: That this house was open
& free to all who came & went upon all the Business of the Estate and he
has had much ado' in Setling all the Matters of the Tennants among
themselves.
Upon the point of their paying to Tremaine the Rent for which as
above they had given & paid the Notes of hand it occurrs to me, that if
Tremaine has given proper credits of the Payments made to him in your
behalf, what has been so paid to him by the Tennants being given him
on your behalf ought to be repaid by you, and that for the sake of Justice
to the poor Creatures it ought to be looked into.
The next day after arriving at Bay verte, with much ado I got a couple
of horses for myself & the man that attended me, and a Cart, which cost
3 Dollars to carry to Cumberland my things, of which I was obliged to
bring from home a greater quantity, on account of the intollerable scarcety
of necessaries in travelling about these uninhabited parts, particularily
bedding; for from not thinking of the necessary precautions, I actually
caught the Itch soon after my arrival in this country, and it had nearly
cost me my life by catching cold in taking the Medecines that cured me,
and in this Journey I had cause to be sensible of the use and good fortune
of taking bed cloaths & Linnens from home, which I have never failed to do
since, and if ever you visite your Estates I advise your doing the same.
The Road from Bay verte to Cumberland the road is much annoyed
with water. After the rain which I have mentioned having had at sea
the day before, the road was covered with water in many places up to the
horses belly: we were bespattered with Mudd to the crowns of our heads,
& the Muskettoes absolutely raged, the day being hot. I think the yearly
statute labor of a dozen men might render the road, which is the old french
road suffered to go to wreck, tollerably dry
t In coming out of the Woods & travelling six miles down to the fort
I did not observe such agriculture of the Uplands as I might expect from
so old a Setlement nor any thing like it. There were the Plantations
of two or three Yorkshire men, which shined among the rest.    The Marshes REPORT FOR THE YEAR 1945
xliii
appeared to me astonishing fine, and all the labor seems to be bestowed
on them- Indeed it appears to me all the hands in the country have
work enough in the marshes, to do Justice to the Marshes.
I was obliged to stay two days at Cumberland unable to get a canoe
or boat to carry me to Menudie, until a Menudy canoe happened to be
at Cumberland which carried me there late at night.
Tracady St John's Island
10th Nov* 1795.
D* Sir.
The above is the Report consisting of twenty five pages referred to
in my letter to you of this date- the most exact concerning the Estate of
Tatmagouche, which my Information and Judgment enable me to give
to you.
I have the Honor to be
Gov* Desbarres
D* Gov* Your most obd* serv*
John MacDonald
P.S. In case you should sell these Estates I do not these Ideas of
mine to goe into the hands of the Purchaser for you will perceive at once
by the Handwriting as well as by the inaccuracies of the Language & pen
that they are only the rough draft, which I had not time to correct &
copy- Therefore to be used confidentially for your own use in planing
& setling with the tennants in case you retain the Lands. I have thought
of making them up in this way that you may keep them the easier and
peruse them-
J M D PUBLIC ARCHIVES
COLLECTIVE RESPONSIBILITY OF CABINET MINISTERS, 1876
Government House1
Ottawa
27th October 1876.
Confidential
My Lord,
I have the honour to inform Your Lordship that M* Mills M.P. for
Bothwell, Ontario was on the 24th of October sworn a Member of my
Privy Council.
2. As M* Mills was originally opposed to the Confederation of British
Columbia with the Dominion, as he had strongly disapproved of the Railway
Clause in the Treaty of Union, and as he had voted with Mr Blake against
the Nanaimo and Esquimalt Railway Bill, I thought it right to have
a clear understanding with M* Mackenzie as to M* Mills' position in
regard to what have come to be Known as The Carnarvon Terms.
3. With this view I observed to Mr. Mackenzie that the only person
whom the Governor General could regard as the authoritative exponent
of the collective views of his responsible advisers was the Prime Minister,
that he, Mr. Mackenzie had constantly given me the most positive
assurances that he considered himself and the Cabinet as under the continued
obligation of the Carnarvon Terms, that consequently I considered the fact
of any gentleman joining his Government as tantamount to a declaration
that he accepted the responsibility of fulfilling those terms, quite as much
as if he himself had been an original party to them, and that it was upon
this understanding I presumed Mr Mills had acceded to office.
4. In reply M* Mackenzie informed me in the most positive manner
that he had had a clear explanation with M* Mills upon this point, and
that M* Mills was quite prepared to recognize his joint responsibility with
the rest of the Government for the due execution of the modified agreement
with British Columbia arrived at under Your Lordship's auspices in the
year 1874 and now Known as the Carnarvon Terms.
5. I then drew M* Mackenzie's attention to a speech made by
M* Blake before he joined the Government in the year 1875 in which
that gentleman had stated that in his opinion the Carnarvon Terms were
more onerous upon Canada than was desirable, and that before consenting
to join M* Mackenzie's Government he, Mr Blake had come to an
understanding with the Prime Minister upon them which was satisfactory
to him.
6. In reference to his Speech I observed to M- Mackenzie that it
had not attracted my attention at the time it was delivered, and that
of course it was out of the question for the Governor General to regard
vague intimations of this nature—possibly misreported, and as likely
as not to escape his notice, as an authentic exposition of the views of the
gentleman to whom they were attributed, and that from the moment
M* Blake joined the Government, I had taken it for granted he had become
a loyal associate of M* Mackenzie's in the policy which as Prime Minister
he had from time to time announced to me as being the policy of his
Government, and that consequently I had always regarded and should
continue to regard M* Blake as completely responsible for the execution
of the Carnarvon Terms as he was himself.
(») Public Archives, G10. Vol. I REPORT FOR THE YEAR 1945 xiv
7. M- Mackenzie replied that that was so, that an incorrect interpretation had been put upon the speech in question, that what M* Blake
referred to was the Nanaimo and Esquimalt Railway, as not being the
best form which the compensation due to British Columbia on account
of the delays which had occurred in the construction of the Majn Line,
might take, but that the Senate having already rejected that Bill, and the
impossibility of ever getting it through Parliament having become apparent,
and the Government having consequently abandoned all intention of
re-introducing it, before the negotiation for Mr. Blake's re-entry into the
Government was set on foot, the difficulty was removed, in as much as
M* Blake fully recognized the obligation of providing British Columbia
with an equivalent "Solatium" of some other sort, and of thus carrying
out in spirit the only clause in the Carnarvon Terms which had hitherto
miscarried, and that as far as the remaining terms were concerned M*
Blake must be regarded as having accepted the same responsibilities in
regard to them as himself.
8. M* Mackenzie further reminded me that M* Blake was a Member
of the Cabinet at the time that M* Edgar had been authorized to offer
the Nanaimo and Esquimalt Railway to British Columbia
9. I very much fear, however, that M* Mills accession to the Cabinet
will have a very disheartening effect in British Columbia, as of course its
inhabitants will not be cognizant of the explanations with which I have
been favoured by M' Mackenzie.
I have the honour to be My Lord,
Your Lordship's most obedient humble servant.
(Sd) Dufferin
The Right Honble
The Earl of Carnarvon
&c       &c       &c Tj
xlvi
PUBLIC ARCHIVES
SIR JOHN A. MACDONALD'S ELECTION AS MEMBER
FOR VICTORIA, BRITISH COLUMBIA, 1878
MONTREAL TELEGRAPH COMPANY1
Kingston Sep 19 1878
By Telegraph from Victoria B C
To Sir Jno MacDonald
Going to elect you   come if possible   be my guest
Senator MacDonald
MONTREAL TELEGRAPH COMPANY2
Kingston Sep 20 1878
By Telegraph from Victoria B C 19th
To Sir Jno A McDonald
At public meeting last night following resolution passed by acclamation
That this meeting pledges itself to return the Right Hon Sir Jno A McDonald
and a Decosmos to represent Victoria in Commons   your election certain
A Decosmos
VICTORIA B.C.3
20th Sep* 1878
Respected Sir
Your Tellegram was duly received & I immediately called a meeting
you were fully endorsed at same I send you both papers with account
of same while I am very busy canvasing for you I have received the support
of the British Colonist, voluntarily
I remain
Yours Faithfully
A Bunster
P.S.    I have appointed R.E. Jackson as your Parliamentery Attorney
A Bunster
* Public Archives, Macdonald Papers, Vol. 351, p. 311.
* Ibid, p. 313.
* Ibid, p. 3U. REPORT FOR THE YEAR 1945                                  xlvii
NOMINATION PAPER*
We the undersigned Electors of the Electoral District of Victoria
District hereby nominate the  Right Hon.  Sir John A.  Macdonald of
Toronto as a Candidate at the Election now about to be held of a member
to represent the said Electoral District in the House of Commons of
Canada.
Witness our hands at Victoria in the  said  Electoral  District this
third day of October A.D. 1878.
Name                                   Residence                        Addition
J. S. Drummond.                           Victoria                                     Merchant
M.P.P. Merchant
Rodk. Finlayson                            Rock Bay                                Mayor
W. W. Prwhitt Drake                   Point Ellice                               Barrister at Law
J. P. Davies                                    Auctioneer                                Wharf st.
John Parker +                               IIJIIIIIII                               Butcher +
Robt. E. Jackson                           Richmond Street Victoria       Barrister
A. Banister                                      Miller Street                             Brewer & Malster
J. Bramwell                                   Cormorant St.                         Engine Builder
John Black                                      Church Way                             Private Watchman]
James Murray                                Colonist Pressman                   Corner Cook & Pandora.
Joseph Dwyer                                 Cormorant Street                     Gentleman
James Gibson                                 Pandora Street                         Malster
James Sans Carey Smith              Humbolt St.                             Engineer
Henry Cogan                                  Fort St. Victoria                      Farmer
Frank Saunders                              Fort St. Victoria                      Hotel Keeper
Thomas Herbert Williams            James Bay Victoria                 Clerk to Mess.
Drake & Jackson.
C. Martin.                                       Langley Street                          Land Agent
Cha". E. Redfern                            Government St.                       Jeweller
H. Y. Heistermer                           Douglas Street                         Land Agent
Wm. Wilson                                    Govt.       "                                Dry Goodsman
Joshua Davies                                Fisguard St.                              Auctioneer
N. B. Mackenzie                           W. Lake Hill                           Clerk
Wm. Andean                                 Fort St.                                    Store Keeper
John Stewart                                  Yates St.                                   Plumber
P. McTierman                                Store St.                                    Trader
Jas. J. Alexander                            Store Street                              Book Keeper
Joseph Spratt                                 Store Street                              Iron Founder.
Signed by the said Electors in the presence ••
Of the Electoral District of
Witness to
A. Banister
C. E. Redfern
Joshua Davies.
+ scored through
I of in the Province of British
(Columbia solemnly swear that I know	
and that they are duly qualified as Electors of the Electoral District of
Victoria District in the Province of British Columbia to vote at an election
* Public Archives, Macdonald Papers, Vol. 304, p. 159. 1
xlviii
PUBLIC ARCHIVES
of a member to serve in the House of Commons of Canada, and that they,
respectively signed the foregoing Nomination Paper in my presence and
Further that I know the said Right Honorable Sir John A. Macdonald
thereby nominated as a Candidate
Sworn before me at Victoria
in the province of British
Columbia this.
October 1878.
. day of
Victoria B.C.1
19 Oct. 78.
My dear Stephenson:
I congratulate you most heartily on your brilliant success in the
recent election and upon the wonderful success of our party generally.
I am heartily glad that Sir John is again at the head of affairs—Canada
wants his guiding hand & sincerely trust that he is in for life—We in B. C.
have a special interest in his being in office for in the language of the
Country we "go our pile on him—His election for this City is to be an
accomplished fact on Monday next. De Cosmos & Davies are the other
candidates both supporters of Sir John- B.C. will return— I think conservatives only. In New Westminster on [sic] James Robinson is contesting
the seat with Dr. Mclnnis, but the latter I believe will succeed. Robinson
is a McKenzie man — Dewdney will go in by acclamation- In Vancouver
District all the candidates are Sir John's adherents- So you see the
Province is sound - I had some idea of offering myself as a candidate,
but on reflection thought I could not without great injury to my business -
absent myself from the Province for 3 or 4 months at a time.
If the Railway is prosecuted as I believe will be the case — Sir John
will no doubt require a legal Agent here If you think I am the man for
the position. I will thank you very much to mention my name with
your recommendation to Sir John.
Dick is with me as you are aware. The climate agrees with him &
I think he is satisfied. He is getting on exceedingly well & will in due time
be called to our bar You will then have another Chatamite — who will
doubtless look to you for a little friendly help*- when he needs it— I am
happy to say my wife & boys are well- With kind remembrance to
M™ Stephenson I am-
Yours truly,
A. Rocke Robertson.
* Public Archives, Macdonald Papers. Vol. 352, p. 216A. REPORT FOR THE YEAR 1945
Victoria,1
October 22nd 1878.
Rt. Hon, Sir John A. Macdonald
Ottawa.
My dear Sir,
Although personally unKnown to you, I take the liberty of informing
you, that I have just had the honor of contesting the second seat for
Victoria City in the Dominion Parliament. The Majority (58) with
which I was defeated, when the number of votes cast (1100) is considered,
is such that I shall feel encoraged at the first opportunity to again come
forward in the same good cause, I am glad to be enabled to congratulate
you on your return for the first seat, by so large a majority and I can
assure you, that had I been returned and you defeated I was prepared to
resign my seat in your favor in accordance with card which I issued just
before the election and which together with my address, I enclose for
your perusal.
I am proud to say, that in the struggle I had the support of many old
conservatives and personal friends of yours, who did not regard M*
De Cosmos with favor in consequence of his desertion of you in 1873 &
1874.
With sentiments of Esteem, I remain
Right Honorable Sir
Your Obedient Servant
J. P. Davies.
5th Nov. 78.2
My Dear Sir,
I am exceedingly obliged to you for your kind note of the 22d ult° and
for all that you have done' for me in your good City. You must also
receive my best thanks for your generous offer in case of your being elected
to retire in my favour if necessary. I hope I shall some day be able to
show my appreciation of your goodness- I feel proud of my position as
Member for Victoria, and hope I will be able to do some service to my
constituency as well as to British Columbia in general.
Believe me, dear Sir,
Yours faithfully.
John A. Macdonald.
J. P. Davies, Esq.
Victoria, B.C.
i Public Archives, Macdonald Papers, Vol. 352, p. 262.
* Ibid, Vol. 524, p. 88.
37759—D  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.
(The concluding instalment of this calendar.)
37759—1 FOREWORD
With the present instalment, the calendar of State Papers comprising
the official correspondence of the governors, lieutenant-governors, administrators, and other officials of Quebec and Upper and Lower Canada for the
years 1760-1841 is brought to completion. This series is known as
Series Q. at the Public Archives, Ottawa, and Series CO. 42 at the Public
Record Office, London.
The following list indicates the periods covered by the volumes, and
also the Reports in which the preceding instalments of the calendar will be
found:—
Quebec and Lower Canada:
Vols.  1- 57 (1760-1800) Calendared in Report for 1890, pp. 1-325.
58- 84 (1791-1800)     "      j
'       " 1891, pp. 1-200.
*  85-106 (1795-1807)     "      I
<       " 1892, pp. 153-285.
<  107-124 (1807-1813)     "      <
'       1 1893, pp. 1-119.
<  125-148 (1813-1818)     "      l
1       " 1896, pp. 1-252.
'     149-167 (1818-1823)     "      <
" 1897, pp. 253-395.
*  168-186 (1824-1828)     "      <
'       " 1898, pp. 397-580.
1     187-200 (1828-1831)     "      *
<  " 1899, pp. 581-712.
<  201-225 (1831-1835)     "      <
*   " 1900, pp. .715-912.
1 226-241 (1836-1838)     "      <
<   " 1901, pp. 913-1042.
<  242-246 (1831-1838)     "      *
1       "   1902, pp. 1043-1109
< 242B-266 (1837-1839)   " "      *
1       «   1941, pp. 3-313.
1 267-277 (1839-1940)     "     <
<   " 1942, pp. 3-186.
pper Canada:
Vols. 278-290 (1791-1801)     "     <
<   " 1891, pp. 1-177.
<    291-310 (1801-1807)     "      '
'       " 1892, pp. 286-399.
<    311-317 (1808-1813)     "      <
1       1 1893, pp. 1-50.
<  318-324 (1813-1818)     "      j
1       | 1896, pp. 1-79.
< 325-334 (1818-1823)     "      i
|  ! 1897, pp. 81-179.
< 335-350 (1824-1828)     "      <
1       " 1898, pp. 181-329.
' 351-358 (1829-1831)     "
\       " 1899, pp. 331-390.
J 359-373 (1824-1832)     "      i
1 1943, pp. 3-76.
* 374-388 (1832-1836)     |      |
'   " 1900, pp. 391-540.
' 389-395 (1818-1836)     "      x
|   "   1901, pp. 541-601.
1    396-402 (1837-1838)     "      <■
1       I 1943, pp. 77-186.
'    403-415, pt. 1 (1838-1839) "      !
\       | 1944, pp. 3-154.
The present instalment, Vols. 415, pt. 2-431 (1839-1841), completes
the Upper Canada papers and the calendar of Series ()*
2 SERIES Q
UPPER CANADA
Series Q. Vol. 415, pt. 2
LIEUT.-GOVERNOR SIR GEORGE ARTHUR, 1839 183
Continuation of enclosures in Arthur to Normanby, private and confidential, 11 April, 1839.    (See Q. 415, pt. 1, p. 210.)
(2) Address of Assembly, 10 April, 1839.    Complimenting him
upon the policy which he has pursued. p. 267
Arthur to Normanby, confidential.    Acknowledges confidential Toronto'
despatch of 26 February,  and refers to his private despatch of
21 February in which he had expressed his regret at the course taken
by J.  C. Buchanan with respect to  communications  with  L.   J.
Papineau. p. 271
Arthur   to   Normanby,   separate.    Acknowledges   circular   of^gJJJ
20 February, stating that Normanby had been appointed Colonial
Secretary. p. 273
Arthur to Normanby, confidential.    Acknowledges confidential Toronto
despatch of 25 February, and expresses pleasure that relief will be
granted to commuted pensioners. p. 275
Arthur to Normanby, No. 85. Acknowledges despatch No. 217, Toronto,
of 27 February, and states that instructions have issued to prepare
the financial returns required for the House of Commons. Suggests
that as the preparation' of these returns will take time, information
could be obtained from the Audit Office where copies of the public
accounts are filed. p. 277
Arthur to Normanby, No. 86. Acknowledges despatch No. 216, Toronto,
of 25 February, and transmits copy of the report of the commissioners
to investigate Rebellion losses, together with a recapitulation of
losses sustained subsequent to the Rebellion, through depredations
made by armed piraticalbands. The only new claim is that of Messrs.
Holditch, Fraser, and Macdonell, for losses on the Sir Robert
Peel. p. 284
37759—1| 3 PUBLIC ARCHIVES
Q. 415, pt. 2
Enclosed:
(1) Report.
p. 287
(2) Statement of losses incurred due to the acts of piratical bands
armed and organized in the United States of America. p. 350
Arthur to Normanby, No. 87. Reports the proceedings of the
Legislature on the state of the province, the proposed union, the
Clergy Reserves, the rectories, provincial finance, and the territorial
revenue. p. 351
Enclosed:
(1) Report of the Committee of Assembly on the Clergy
Reserves, 18 March, 1839.    [Printed.] p. 140
(2) Report of the Select Committee on the Clergy Reserves,
9 April, 1839.    [Printed.] p. 361A
(3) Bill to authorize the future appropriation of the Clergy
Reserves to the purposes of all recognized religious denominations.
[Printed.] p. 362
(4) Bill to declare the power of rectors, and to provide for their
removal in certain cases.    [Printed.] p. 363A
(5) Bill to reinvest the Clergy Reserves in the Crown.
[Printed.] p. 364
(6) Resolution of the Legislative Council, adhering to the
views expressed in the reports on the state of the province, of 13 and
28 February, 1838.    [Printed.] p. 366
Arthur to Normanby, No. 88. [Printed.] Transmits copy of
resolutions of the Legislative Council, rejecting the Bill of Assembly
to send commissioners to England to represent the state of the
province. p. 366
Enclosed:
(1) Resolutions.    [Printed.] p. 366
(2) Bill of Assembly to send commissioners to England     p. 369
(3) Documents in relation to the invasion of the Canadas by
the people of the United States: Printed by order of the House of
Assembly.   These are:
(i) Message of Arthur, 8 April, 1839.
Transmits correspond-
p. 377
(ii) Arthur to H. S. Fox [H.M. Minister at Washington],
Toronto, 22 October, 1838. Acknowledges confidential letter of
4 October, and declares that the information respecting the proposed
invasion is serious. An officer has been despatched to Gen. A.
Macomb to urge that the United States authorities should take steps
to prevent it. p. 378 Q. 415, pt. 2
REPORT FOR THE YEAR 1945
(iii) Fox to Aaron Vail, Washington, 3 November, 1838. Dis-      183
cusses the danger of invasion. p. 381
(iv) John Forsyth [Secretary of State] to Fox, Washington,
15 November, 1838. Declares the intention of the United States
Government to prevent an invasion of Canada. p. 390
(v) Fox to Arthur, Washington, 30 November, 1838. Transmits
copy of a letter to the United States Government on the invasion
of Canada, together with the proclamation of the President of the
United States, and states his opinion that the Executive is unable to
prevent the invasion.    [Enclosures not at this place.] p. 396
Arthur to Normanby, No. 89.    Transmits copies of a correspond-4&Srto
ence respecting the proposal of George Coventry to buy certain
Indian territory at Grand River, for a company in England.    Advocates the completion of this transaction provided that the rights of the
Indians are safeguarded. p. 400
Enclosed:
(1) Coventry to R. B. Sullivan [Commissioner of Crown Lands],
Toronto, 7 March, 1839. Desires to purchase 50,000 acres for the
use of emigrants. p. 403
(2) Sullivan to J. Macaulay [Civil Secretary], Crown Lands
Office, 11 March, 1839. Transmits Coventry's proposal, discusses
the proposition, and requests an early decision. p. 404
(3) Macaulay to S. P. Jarvis [Chief Superintendent of Indian
Affairs]. Transmits Sullivan's letter and directs that the proposal
should be transmitted to the Indians and to Mr. Justice J. B.
Macaulay.    Desires an early report thereon. p. 406
(4) Jarvis to Major James Winniett [Superintendent of Indian
Affairs], Toronto, 12 March, 1839. Transmits proposals and directs
submission to the Indians.    Desires a report. p. 407
(5) Winniett to Jarvis, Brantford, 3 April, 1839. States that the
Indians will sell the land. p. 409
(6) Jarvis to Coventry, Toronto, 9 April, 1839. Reports the
decision of the Indians with respect to price, and requests to be
informed as to whether this is satisfactory. p. 410
Arthur to Normanby, No. 90.    Transmits copy of the Sackett's $gj£
Harbour Journal, containing an editorial commending Upper Canada
for the treatment accorded to political prisoners and urging United
States citizens to refrain from aggressive acts. p. 414
Enclosed:
Editorial   "Canadian   Clemency".    Contains   an   open   letter
expressing gratitude and urging others to refrain from hostility,  p. 419 PUBLIC ARCHIVES Q. 415, pt. 2
Arthur to Normanby, No. 91. Acknowledges circular of
7 February, transmitting a copy of Durham's Report and of part
of the Appendix. Reports upon the spirit in which opposing parties
have received it. Regrets that he has not been informed as to the
intentions of the Government respecting it. p. 424
Arthur to Normanby, No. 93. Transmits the application of
L. P. Sherwood, senior Puisne Judge, Queen's Bench, to retire,
provided that he receives a pension. Explains that neither of the
Law Officers desires to be raised to the benck, and recommends
R. B. Sullivan. p. 437
Enclosed:
(1) Sherwood to Arthur, Toronto, 1 February, 1839.
p. 443
(2) J. Macaulay [Civil Secretary] to Sherwood, Toronto,
1 February, 1839. States that Sherwood's case will be laid before
the Colonial Secretary, and requests a medical certificate. p. 445
(3) Sherwood to Macaulay, Toronto, 11 February, 1839.
Transmits certificate p. 446
Sub-enclosure:
Certificate by Dr. John King.
p. 447
(4) Macaulay to C. A. Hagerman, W. H. Draper, and R. B.
Sullivan, Toronto, 11 March, 1839. States that Arthur has directed
that they should be informed as to Sherwood's intended resignation.
This is to afford them an opportunity of presenting any claims which
they may choose to make. p. 449
(5) Hagerman to Macaulay, private. Toronto, 13 March,
1839. States that he would not wish to be appointed to the bench
at this time. p. 450
(6) Draper to Macaulay, House of Assembly, 25 March, 1839.
States that he would not wish to be raised to the bench at this
time. p. 451
(7) R. B. Sullivan, Toronto, 30 March, 1839.
to be raised to the bench.
Urges his claims
p. 455
Sub-enclosure:
Head to Sullivan, 17 March, 1838. Expresses thanks for the
service which Sullivan has rendered by giving up his profession in
order to serve as Commissioner of Crown Lands and Clergy Reserves.
States that he will be mentioned for the first vacancy on the
bench. p. 455
Arthur to Normanby, No. 92. Acknowledges despatch No. 14,
of 21 March, and explains the considerations which governed him
in the matter of executions after the Windsor and Prescott invasions, p. 428 Q. 415, pt. 2 REPORT FOR THE YEAR 1945
Arthur to Normanby,  No.  94.     Reports   the   circumstances      1839
under which the steamboat United States was imprudently fired upon April 20,
by some persons on the wharf at Prescott.    Gives an account of theToronto*
steps taken.    Regrets the effects of this affair. p. 457
Enclosed:
(1) Militia General Order, 20 April, 1839. Directs that steps
be taken to punish those who fired at the steamer. p. 461
(2) Macaulay to Colonel P. Young [Commanding at Prescott],
Toronto, 13 April, 1839. p. 463
(3) Captain W. Sandom to Arthur, Dock Yard, Kingston,
20 April, 1839. States that United States is resuming her route
and urges that the United States authorities should be called on to
fulfil their pledge to condemn that vessel for violation of the neutrality
laws. p. 465
Arthur, to Normanby, No. 95.    Acknowledges despatch No. 10, Toronto"
of 9 March, and states that the return of all persons imprisoned for oron
treasonable offences since 1 November, 1837, will be prepared in
accordance   with   the   terms   of   the   address   of   the   House   of
Commons. p. 469
Arthur to Normanby, No. 96.    Transmits copies of correspond- ££»?©.
ence which makes it clear that there was not a double issue of salary
to the Chief Superintendent of Indian Affairs, between 15 June and
31 July, 1837. p. 471
Enclosed:
(1) S. P. Jarvis [Chief Superintendent of Indian Affairs] to
Macaulay, Toronto, 28 February, 1839. Transmits papers respecting
his appointment and states that if an issue of salary were made to
Givens after that date, the Commissariat alone could make the
necessary explanations. p. 474
Sub-enclosures:
(i) J. Joseph [Civil Secretary] to Jarvis, Government House,
15 June, 1837, directs him to assume the office of Chief Superintendent, p. 476
(ii) Gazette, 15 June, 1837. Notices of the appointment of
Jarvis. p. 477
(2) J. Givens [late Chief Superintendent] to Macaulay, Toronto,
3 April, 1839. States that he retired on the appointment of Jarvis,
and remarks that the supposition as to double pay may have arisen
from the fact that his pension was equal to his salary: p. 478
(3) Macaulay to F. Knowles [Deputy Commissary General],
Government House, 2 April, 1839. Requests an investigation of
the supposed issue of double salary. p. 479 PUBLIC ARCHIVES Q. 415, pt. 2
(4) J. Macaulay to Macaulay, Commissariat, Toronto, 19 April,
1839. Transmits letter from Knowles, respecting the supposed
double issue of salary. p. 481
Sub-enclosures:
(i) Knowles to the Commissariat General, Toronto, 3 April,
1839.   Submits Macauley's letter. p. 482
(ii) R. I. Routh [Commissary General], Quebec, 12 April,
1839. States that Givens retired on a pension equal to his salary,
and that no double issue of rations or fuel was made. p. 484
Arthur to Normanby, No. 97. Acknowledges circular of
7 February, with Appendix B of Lord Durham's Report. p. 486
[Colonial Dept.]
Unsigned to Arthur, No. 53. [Draft.] Acknowledges despatch
No. 85, of 12 April, and states that application had been made to the
Audit Office, prior to making application to Upper Canada for
financial returns. The Audit Office had been unable to supply the
information. p. 279
May 31.
[Colonial Dept.
Unsigned to J. Backhouse [Under Secretary, Foreign Dept.].
[Draft.] Transmits copies of despatches and papers dealing with
Rebellion losses and states that copies have been sent to the Treasury
with a request for information as to the manner in which the claims
should be dealt. Requests Palmerston's opinion as to whether
the United States should be called upon to indemnify those who
have suffered through attacks which were made from United States
territory. p. 280
rcoToniai De t ]        Unsigned to F. Baring [Secretary to the Treasury].    [Draft.]
Transmits papers dealing with Rebellion losses and requests an opinion
as to the method of dealing with such claims.
p. 282
fcoioniai De 11        Unsigned to Arthur, No. 56.    [Draft.]   Acknowledges despatch
eP. ^.Q   g^ 0£ 20 April, and admits that considerable weight must be
attached  to  considerations which governed Arthur,  with respect
to the punishment of those who invaded the province. p. 435
June 12,
Downing St.
Normanby to Arthur. Acknowledges despatches Nos. 90 and
100, of 17 April and 7 May, and expresses satisfaction that the policy
of clemency has been attended with such success. p. 417
fcofonlai Dept.]        Unsigned to F. Baring.    [Draft.]   Transmits copy of Arthur's
" despatch No. 96, of 25 April, and states that Normanby is satisfied
with the explanation given with respect to the supposed double issue
of salary to the Chief Superintendent of Indian Affairs. p. 473
fcoionlki Dept.] Unsigned to Arthur, No. 63. [Draft.] Acknowledges despatch
No. 87, of 12 April, and expresses thanks for the brief and luminous
summary of provincial affairs. p. 367 Q. 416, pt. 1
REPORT FOR THE YEAR 1945
Series Q. Vol. 416, pt. 1
LIEUT.-GOVERNOR SIR GEORGE ARTHUR, 1839
Arthur to Normanby, No. 98. Transmits an address from the ^fgjr.
Legislature, praying that the pensions of commuted pensioners oron ;
should be restored to them. . p. 2
Enclosed:
(1) Address, signed in Assembly, 10 April, and in the Council
on 11 April, 1839. p. 4
(2) Arthur   to   the    Legislature,
address.
Undertakes   to   transmit
p. 6
Arthur to Normanby, No. 99. Reports outrage committed on^yj^
the Stephen Girard, while she was proceeding through the Welland
Canal. The promptness with which reparations were made has
given a favourable turn to this regrettable affair. Reports also the
circumstances under which the Traveller was searched at Rochester
at the instigation of W. L. Mackenzie. p. 8
Enclosed:
(1) Arthur to H. S. Fox, [H.M. Minister at Washington],
Toronto, 2 May, 1839.    Reports the affair. p. 11
(2) Col. C. J. Baldwin to Capt. — Thayer [Master of the
Stephen Girard], Port Colborne, 23 April, 1839. Offers apologies
for the outrage, returns the flag, and states that those charged with
the offence have been placed in confinement. An enquiry will be
made. p. 17
(3) R. A. Tucker [Provincial Secretary] to Lieut. J. T. W. Jones,
Toronto, 25 April, 1839. Directs him to proceed to Cleveland to
urge considerations calculated to allay resentment. p. 19
(4) Walter B. Sheehan [Collector of Customs], Port Colborne,
25 April, 1839.    Reports the proceeding. p. 21
(5) Tucker to S. Starkweather, [Collector of Customs at Cleveland], Government House, 25 April, 1839. Offers explanations, and
requests that the master of the vessel should appear at the trial of
the offenders. p. 24
(6) Starkweather to Tucker, Custom House, Cleveland, 29 April,
1839.    Acknowledges  letter  of  24  April,  brought by  Lieutenant
Jones, and states that the master of the Stephen Girard will proceed
to Toronto. p. 27
37759—2 10
PUBLIC ARCHIVES
. 416, pt. 1
(7) Deposition of James Sutherland [captain of the Traveller],
as to the manner in which the steamboat was searched at Rochester
at the instigation of W. L. Mackenzie. p. 30
(8) Sutherland to Hon. John Hamilton [owner of the Traveller],
Toronto, 26 April, 1839.    Reports the affair. p. 34
(9) Writ for the delivery of John Doe and Richard Doe, said
to be in custody on board the Traveller. p. 38
Arthur to Normanby, No. 100. Reports thaifc fifty-two prisoners
taken at Windsor and Prescott, have been released and that nine
wounded prisoners taken at Prescott, who have been in hospital, have
been permitted to return. p. 40
Enclosed:
(1) Tucker to J. C. Spencer [Secretary of State, New York],
Toronto, 22 April, 1839. Reports the intended release of prisoners,
and explains that the conduct of Jacob Paddock has been such as to
prevent his release. Lawrence Reilly has been granted a pardon
and nine others are to be pardoned. p. 44
(2) Spencer to Tucker, Albany, 29 April, 1839. Expresses
pleasure at the clemency which has been extended, and feels sure
that the results will be beneficial.  'Ms&8t P- 44
Arthur to Normanby, No. 101. Reports the robbery of the
mail between Kingston and Gananoque, by an armed party from the
United States, and the steps which have been taken to bring the
offenders to justice. p. 49
Enclosed:
(1) W. H. Griffin [Surveyer of Post Offices in Lower Canada,
and in the Eastern District], to Tucker, Toronto, 0 May, 1838.
Reports the robbery. p. 54
(2) Tucker to Griffin, Government House, 6 May, 1839. Acknowledges letter of 6 May and directs him to proceed to Albany
to lay the matter before J. Spencer, Secretary of State for New
York. p. 60
(3) Tucker to Spencer, Toronto, 6 May, 1839.
p. 62
Arthur to Normanby, confidential. Gives further details with
respect to the action of Colonel John Prince in ordering the execution
of certain prisoners taken at Windsor. States that the regiment has
been disbanded and that Prince is attending to his parliamentary
duties. p. 66
Enclosed:
(1) Prince to Col. C. Chichester, Sandwich, 19 December, 1838.
Gives grounds for his action. p. 75 Q. 416, pt. 1 REPORT FOR THE YEAR 1945
(2) Arthur to Colonel R. Airey [Commanding at Amherstburg],      183S
confidential, Toronto, 4 November, 1838.     Gives  instructions  for
the defence of the Western frontier. p. 88
(3) Capt. F. Halkett [Assistant Military Secretary] to Airey,
Toronto, 5 April, 1839. Requests to be informed as to the exact terms
in which Arthur's views were conveyed to Prince. p. 93
(4) Airey to Halkett, Maiden, 9 April, 1839. Reports the attitude of Col. J. Prince on the question of the prisoners. p. 95
Extract of a despatch from Arthur to Normanby, No.  102. May n,
Transmits an address from the Assembly, with reference to the reportToronto*
of the Select Committee on the state of the province.    This report
is enclosed also. p. 100
Enclosed:
(1) Address, 11 May, 1839.    [Printed.] p. 101
(2) Report, 30 April, 1839.    [Printed.] p. 101A
Extract of a despatch from Arthur to Normanby, No.  102. t*^^
Transmits addresses from the Legislature of Upper Canada,    p. 114
Enclosed:
(1) Address signed in the-Legislative Council, 6 May, and in
the Assembly on 7 May, 1839. Prays for an extension of credit,
or for other financial means to enable the province to complete
public work, and to open navigable communications with the St.
Lawrence. p. 117
(2) Address signed by the Assembly, 18 April, and in the Legislative Council on 6 May, 1839. Prays that the post office revenue
may be surrendered, and asks for the franking privilege. p. 121
(3) Address signed by the Assembly, 8 May, and by the Legislative Council on 10 May, 1839. Prays that some mark of favour may
be given to Capt. Andrew Drew, R.N. p. 123
(4) Address from the Legislative Council, 25 April, 1839. Prays
for compensation to those who have suffered losses in the
Rebellion. p. 125
(5) Address from the Assembly, 4 May, 1839. Prays that the
Treasury will meet claims for Rebellion losses. p. 131
(6) Address of Assembly, 27 April, 1839. Prays that the Royal
Assent may be given to the Civil List Act, despite the omission of the
charge for religious purposes. p. 133 PUBLIC ARCHIVES Q. 416, pt. 1
Arthur to Normanby, No. 103. Transmits copies of the Ordnance
returns for the year ending 31 March, 1839, and draws attention to
the fact that complete accuracy could not be attained in view of the
irregular manner in which arms were necessarily distributed at
the outbreak of the Rebellion. p. 149
Enclosed:
Returns.
p. 151
Arthur to Normanby, No. 104. Reports that the session was
closed on 11 May, and transmits copy of his speech. The bills for
placing the proceeds of the sales of the Clergy Reserves, and for the
disposal of the casual and territorial revenue have been received.
They will be transmitted with other reserved bills by the first opportunity, p. 159
Enclosed:
Speech.
p. 161
Arthur to Normanby, No. 105. Reports upon the state of feeling
on the frontier. Transmits copy of a note from Colonel R. Airey,
together with a note from General H. Brady to that officer. Urges
that adequate supplies of stores and military clothing should be sent
from England. p. 173
Enclosed:
Airey to Capt. F. Halkett, Maiden, 6 May, 1839. p. 176
Sub-enclosure:
Brady to Airey, Detroit, 4 May, 1839. p. 181
Arthur to Normanby, No. 106. Acknowledges despatch No. 30,
of 10 April, and expresses satisfaction at the measures adopted for
transportation of the political prisoners. Transmits copy of a letter
to Colborne on this subject. p. 183
Enclosed:
Arthur to Colborne, Toronto, 13 May, 1839.
p. 185
Arthur to Normanby, No. 107. Expresses his views with
respect to Lord Durham's Report, and takes exception to certain
statements made therein. p. 187
Enclosed:
(1) Memorandum of the number of persons who petitioned in
favour of S. Lount and P. Matthews.    [Printed.] p. 206
(2) Address of Rt. Rev. Alexander Macdonell, Roman Catholic
Bishop of Kingston, to the Irish Catholics of Upper Canada, Kingston,
1 December, 1838, printed. p. 208 Q. 416, pt. 1 REPORT FOR THE YEAR 1945 13
(3) Correspondence between Col. D. Campbell [5th Northum-      1839
berland Regiment] and Hon. John Macaulay [Civil Secretary]:—
(i) Campbell to Macaulay, Seymour, 13 April, 1839. Complains
of the action of the Government in having released traitors,    p. 210
(ii) R. A. Tucker [Provincial Secretary] to Campbell, Toronto,
3 May, 1839. Acknowledges letter of 13 April, addressed to
Macaulay, and sets forth some of the reasons which have induced
the Government to release the prisoners. p. 217
Arthur to Normanby, No. 108. Transmits a schedule of titles Toronto
of bills passed in the recent session together with a list of reserved
bills passed during the session. Expresses his intention of writing
a separate despatch upon each of the reserved bills. Explains the
circumstances under which certain measures could not receive full
consideration by the Council. [Enclosures not at this place. See
Q. 416, pt. 2, p. 257.] p. 224
Unsigned to Arthur,  No.  79.    [Draft.]     Acknowledges confi-jJme7.
dential despatch of 8 May and approves of the course taken with   °oma    ep
respect to the case of Col. J. Prince.    Explains the stand which he has
taken with respect to parliamentary proceedings on the case.     p. 73
Unsigned to Arthur, No. 57.    [Draft.]    Acknowledges despatch JgSlcSjai Dept.]
No. 104, of 13 May, transmitting the speech with which he had closed
the session. p. 158
Unsigned to Arthur, No. 61.    [Draft.]    Acknowledges despatches [c^f0i2ial Dept<]
Nos. 90 and 100, of 17 April and 7 May, and expresses approval of
the policy adopted for the liberation of prisoners. p. 43
Normanby to Arthur.    Transmits  copy of the proposed bill j!j^?jg gt
for the future  government  of the Canadas and gives reasons for
which it will be divided into two separate measures. p. 169
Unsigned to R. Byham [Secretary to the Board of Ordnance], ^^^x Dept.]
[Draft.]    Transmits copy of Arthur's despatch No. 103, of 13 May,
with the Return of Ordnance. p. 157
Unsigned to J. Backhouse [Under Secretary, Foreign Office]. [Cof0Uai Dept.]
[Draft.] Transmits copies of Arthur's Despatches Nos. 94, 99, and
101, respecting outrages committed by the border population in
Upper and Lower Canada and New York, and states his intention
of approving of Arthur's course in these matters, unless Palmerston
should see any objection thereto. p. 53
Unsigned to Arthur, No. 65.    [Draft.]    Acknowledges despatches {g^J^ pept j
Nos. 91, and 107, of 17 April and 13 May, and states that the explanations  contained  therein have been  communicated to  Parliament.
Assures Arthur of support. p. 204
Normanby to Arthur, No. 69. Acknowledges the address of June 27,
Assembly on Rebellion losses, and states that it is improbable thatDowmn8
Parliament will vote payment. p. 135 June 27,
Downing St.
PUBLIC ARCHIVES Q. 416, pt. 1
Normanby to Arthur, No. 70. Acknowledges address of the
Legislative Council praying for redress for losses sustained by
Canadians, through the Rebellion, and states that the question has
been referred to the Secretary of State for Foreign Affairs.        p. 137
Normanby to Arthur, No. 71. Acknowledges the address of
the Legislature respecting the post office revenue and the franking
privilege, and states that this has been referred to the
Treasury. p. 139
Normanby to Arthur, No. 72. States that the address of
Assembly on the state of the province has been referred to
Parliament. p. 142
June 27,
Downing St.
Nomanby to Arthur, No. 73. Acknowledges address from the
Legislature for means to complete public works and to open navigable
communications with the ocean, and states that the matter has been
referred to the Treasury. p. 140
Normanby to Arthur, separate. Refers to his despatches
Nos. 69-73, of 27 June, and states that consideration of the address
respecting the Civil List will be postponed, pending Arthur's report
thereon. p. 143
November 29»
Downing St.
December 6j
Downing St.
Normanby to Arthur, separate. States that the answer to the
address of the Legislature respecting Capt. A. Drew, will be deferred
pending reports from Palmerston and from the Admiralty. p. 145
Normanby to Arthur, No. 76. Refers to despatch of 12 June,
and transmits copies of two bills for the future government of Canada.
The bill for re-uniting the provinces will not be pressed this
session. p. 171
Arthur to Normanby, separate. Acknowledges separate despatch
of 3 July, giving reasons for deferring an answer to the address
respecting Capt. A. Drew. p. 148
Normanby to Arthur, No. 93. Refers to his despatch No. 71,
of 27 June, and states that the Treasury is averse to making any
changes in the postal arrangements in view of the alterations consequent upon the adoption of steam communication. Draws attention
to the Statutes 4 & 5 Will. IV, cap. 7, which requires the assent of all
provinces before any change can be made. p. 146
Unsigned to Arthur, No. 50. [Draft.] Transmits order-in-
council confirming the bill for negotiating debentures for the completion
of certain works. p. 227
Lord John Russell [Secretary of State] toRt. Hon. C. P. Thomson
[Governor General], No. 47. Transmits copy of a Treasury Minute
on the Currency Bill, giving reasons • why the measure cannot be
confirmed and laying down principles designed to secure uniformity
throughout the British North American provinces. Transmits a
second minute requiring further information with respect to the
purchase of the private stock in the Welland Canal. Decision as
to the bill for the division of the district of Colborne will not be given
until Thomson's views shall have been received. p. 228 Q. 416, pt. 1
Enclosed:
REPORT FOR THE YEAR 1945
(1) Treasury  Minute,  22 November,   1839.
Q. 416, pt. 2, p. 237.]
[Continued in
p. 232
Series Q. Vol. 416, pt. 2
LIEUT.-GOVERNOR SIR GEORGE ARTHUR, 1839
Continuation of enclosures in Lord Russell to Rt.  Hon.  C.  P.
Thomson, No. 47.    6 December, 1839.    [See Q. 416, pt. 1, p. 228.]
(2) Treasury Minute, 26 November, 1839, respecting the Act
to provide for the purchase of Welland Canal Company stock,    p. 249
Attached:
Statement relative to the Metallic Currency of Upper and Lower
Canada. p. 237
Enclosures in Arthur to Normanby, No.  108, 14 May, 1838.
[See Q. 416, pt. 1, p. 224.]
(1) Schedule of bills and list of reserved bills. p. 257
(2) Report of Attorney General, 13 May, 1839. p. 274
Unsigned to Arthur.   [No. 17.]   [Draft.]   Acknowledges despatch March 27.
No. 67, of 27 September, and transmits copy of the opinions of the   °on      ep'
Queen's Advocate, and of Lord Palmerston, upon the case of the
Sir Robert Peel.    Points out that indemnity should not be demanded
from the United States until a claim before the courts of that country
shall have failed.    [Enclosures not at this place.] p. 367
Arthur to Normanby, No. 109. Transmits Act to provide for May u,
the advancement of education in Upper Canada, and points out that
this permits appropriation of the funds intended for King's College
to the support of district grammar schools. Gives reasons for this
measure, as well as for assent to that which provides for continued
suspension of specie payments. Transmits printed copy of the
report of the Select Committee of Assembly on Lord Durham's
Report. p. 289
Enclosed:
Act to provide for the advancement of education.
p. 292
Arthur to H. Labouchere [Under Secretary of State].    Transmits 5§jJ^-
addresses adopted at the last session, and expresses his intention
of    submitting   observations   thereon.      [Addresses   not   at   this
place.] p. 299 PUBLIC ARCHIVES
% 416, pt. 2
Arthur to Normanby, confidential. Transmits correspondence
with the Wesleyan Missionary Society, with respect to the Clergy
Reserves, and states that Rev. Egerton Ryerson intends to go to
England to agitate this question unless he shall be deterred in view
of these communications which have just been received from the
Society in London. p. 300
Enclosed:
(1) The Secretaries of the Wesleyan Missionary Society to
Arthur, Wesleyan Mission House, 77 Hatton Gardens, London,
8 February, 1839. Disclaim all connection with recent publications
expressing views of ministers which are not in accordance with those
of the Society on the religious questions at issue. Announces that
Rev. R. Alder will proceed to Canada on a special mission to preserve
uniformity at this time. Assures Arthur of gratitude for the treatment received from the Government. p. 302
(2) Rev. R. Alder to Rev. J. Stinson [Superintendent of Missions], 77 Hatton Gardens, 14 January, 1839. Complains of the
attitude adopted by the Canadian Conference with respect to Clergy
Reserves and to grants for religious purposes. Explains the difference
which exists between Ryerson and the Missionary Society.        p. 306
Arthur to Normanby, No. 110. [Printed.] Transmits copy of
the bill to dispose of the Clergy Reserves, and explains the views and
steps which led to the passage thereof. p. 319
Enclosed:
(1) Act.    [Printed.]
p. 319A
(2) Clauses 4 and 7 from the bill to authorize the future appropriation of Clergy Reserves.    [Printed.] p. 320
(3) Report of the Select Committee of the Legislative Council,
30 April, 1839.    [Printed.] p. 320A
(4) Bill for the future disposal of the Clergy Reserves as reported
in the Legislative Council.    [Printed.] p. 321
(5) Bill to dispose of the Clergy Reserves.
p. 322A
Arthur to Normanby, No. 111. Acknowledges despatch No. 7,
with instructions which have been issued to Capt. W. Sandom as to
the passages for provincial officers in government vessels. p. 346
Arthur to Normanby, No. 112. Reports that a large portion
of the militia has been allowed to return home. Considers that those
who have been backing the patriot forces have begun to find it an
unprofitable speculation. Guard must be kept, but there is reason
for hoping that a better state of feeling will prevail. p. 347
Arthur to Normanby, No. 113. Acknowledges despatch No. 23,
of 8 April, expressing approval of the lenient policy adopted towards
the prisoners. Transmits an article from the Watertown Jeffersonean
subscribed to by three of the liberated prisoners, acknowledging the Q. 416, pt. 2
REPORT FOR THE YEAR 1945
generous   treatment   which   they   have   received.    Transmits   also      1839
copy of a letter from J. C. Hugurim, master of the Stephen Girard
expressing satisfaction for the reparation made for the insult offered
to that vessel. p. 348
Enclosed:
(1) Article, "The Liberated Prisoners"
p. 353
(2) Hugurim to Col. C. L. L. Foster [Assistant Adjutant General], May is,
Oswego, 8 May, 1839.
p. 356
Arthur to Normanby, private. Acknowledges private letter
of 29 March, and states that five prisoners were shot by Col. J. Prince.
The report of the provincial Law Officers will be sent so soon as it
shall have been received. p. 359
Arthur to Normanby, No. 114.    Acknowledges despatch No. 25,^^8,
of 10 April, and returns the warrant which had been prepared for
J. Joseph, as clerk of the Legislative Council. p. 361
Arthur to Normanby, No. 115.    Acknowledges despatch No. 19, ^nto
of 30 March and reports that Howland Hastings was released on bail
of £200, on 20 February, 1839.    This has been subject of complaint
by Col. J. Prince, but Arthur does not fear the consequences of
this step. p. 363
Arthur to Normanby, No. 116. Acknowledges despatch No. 17,5gjjgj
of 27 March, and states that the owners of the Sir Robert Peel have
been notified that an indemnity will not be sought from the United
States until redress has been refused by the courts of that country.
States that he feels that there is little hope of securing redress in the
courts. p. 365
Arthur to Normanby, No. 117.    Transmits copy of a resolution Toronto
of Assembly expressing gratitude for the testimony given by  Sir
Francis Bond Head, to the loyalty of the militia and inhabitants of
Upper Canada. p. 372
Enclosed:
Resolution.
p. 373
Arthur to Normanby, No. 118.    Transmits papers dealing with^^to.
the reserved bill for the transfer of the casual and territorial revenue.
Points out the principal defects.    Lays particular stress upon the
provision under which the revenue from Indian lands would be
merged with that of the Crown lands. p. 374
Enclosed:
(1) Act.
p. 380
(2) R. A. Tucker [Provincial Secretary] to Arthur, Provincial
Secretary's Office, 14 May, 1839. Transmits memorandum showing
how the Act for the cession of the territorial revenue departs from
the principles laid down in Glenelg's despatch of 28 December,
1837. p. 391 PUBLIC ARCHIVES
Q. 416, pt. 2
Sub-enclosure:
Memorandum.
p. 392
(3) Report of the Committee of Conference, of the Legislative
Council, 14 May, 1839. p. 401
(4) Resolutions of Assembly on the report of the conference, p. 405
(5) Certificate of the Clerk of Assembly as to tJhe passage of the
bill. p. 408
Arthur to Normanby, No. 119. Transmits memorial of Charles
C. Small, praying to be allowed the salary of £100 stg., as Clerk of
the Crown and Pleas, which had been withheld since 1832. Explains
the circumstances of the case and declares that the application appears
unreasonable. Small's brother has gone to England to press the
case. p. 411
Enclosed:
(1) Memorial.
p. 420
(2) Return of the Clerk of the Crown and Pleas for 1838.    p. 423
(3) Report of Committee of Assembly on the return of the
offices of the Clerk of the Crown, Secretary of the Province, Surveyor
General, and Clerks of Assize, 13 April, 1839. p. 425
Arthur to Normanby, No. 120. Acknowledges despatch No. 16,
of 21 March, and gives reasons why the despatches were not sent
on the Great Western. Makes suggestions for the curtailing of the
expense of this service. p. 435
Arthur to Normanby, No. 121. Transmits copy of a correspondence with Sir John Colborne, respecting the transportation of
convicts by the Buffalo, and points out that it has been decided not
to send them to Quebec until that ship shall be ready to receive
them. p. 440
Enclosed:
(1) Colborne to Arthur, Montreal, 18 May, 1839.
(2) Arthur to Colborne, Toronto, 25 May, 1839.
Sub-enclosure:
p. 442
p. 444
J. Macaulay [Civil Secretary] to Lieut. J. T. W. Jones [43rd
Regiment], Toronto, 27 May, 1839. Instructs him to proceed to
Quebec in order to supervise arrangements for the transportation
of Upper Canada political convicts. p. 447
Arthur to Normanby, No. 122. Gives reasons for which he
reserved the bill for the division of the intended district of Colborne
into counties. p. 450 Q. 416, pt. 2
REPORT FOR THE YEAR 1945
19
Arthur  to   Normanby,   separate.    Reports   the   circumstances      1839
which led to the reservation of the bill to grant 5,000 acres to Col. May 23,
James Fitzgibbon, but declares that he would be pleased if it could be T°ronto.
sanctioned. p. 452
Arthur to Normanby, No. 123. Transmits memorial to the May 23,
Queen from the inhabitants of Upper Canada, praying for certainToronto*
privileges as British subjects. p. 458
Enclosed:
(1) Address of deputation.
(2) Memorial.
p. 463
p. 464
Arthur to Normanby, No. 124.    [Printed.]    Transmits address May 24,
from the commissioners for the St. Lawrence Canal, complaining ofToronto*
aspersions cast upon them in the Durham Report, and states his
conviction that Durham would have relieved them from these imputations, had it been possible for them to have appealed to him. p. 472
Enclosed:
(1) Address, 4 May, 1839.
[Printed.]
p. 472
(2) R. A. Tucker [Provincial Secretary] to Commissioners,
Government House. [Printed.] Acknowledges address, and states
Arthur's conviction that when the true facts of the case shall be
known, the charges will be found to be erroneous. p. 473A
Arthur to Normanby.    Acknowledges circulars of 14 October, May 25,
1837, 30 August, 29 November, and 25   December, 1838, 12, andToront0,
29 January, and 7 February,  1839, together with despatches 209-
213 of 7-9 February, 1839.    j p. 480
Arthur to Normanby, No. 138. [Printed.] Transmits address J^pe 10,
from the Select Committee of the Legislative Council, on Durham's oror '
Report. p. 473A
Enclosed:
Address, 11 May, 1839.
[Printed.]
p. 474
Unsigned to the Attorney General and the Sollicitor General. j™® m. ^
[Draft.]    Transmits copy of the bill for the future appropriation   °on     ep'
of the Clergy Reserves and raises points as to the legality thereof.
Requests a joint report. p. 324
Enclosed:
Bill.
p. 326
Unsigned to Arthur,  separate.    [Draft.]    Draws attention, to JgJLSa Deptl
that clause of the Clergy Reserve Bill which provides that there
should be an address of the Legislature requesting the transmission
of Acts dealing with this question.    Requests to be informed as to
whether such an address was passed. p. 253 20
PUBLIC ARCHIVES
Q. 416, pt. 2
1839 Unsigned to Arthur, No. 75.    [Draft.]    Acknowledges despatch
Juiyi. No. 119, of 20 May, and states that a decision on the memorial
[Colonial Dept.] 0f q  Small, will be deferred until after his brother shall have been
received. p. 417
fcoioniai Dept ]        Unsigned to Arthur, No. 77.    [Draft.]    Acknowledges despatch
. ^^ ^^ ^ ^ May, and states that the address of the commissioner for
the St. Lawrence Canal will be communicated to Parliament,    p. 477
fcSoniaiDet]        Unsigned to Arthur, No. 81.    [Draft.]    Acknowledges despatch
' No. 113, of 18 May, and expresses satisfaction at the success of the
policy of liberality adopted towards the prisoners, and with the letter
of J. C. Hugurim, master of the Stephen Girard, on the reparation
made for the attack on that vessel. pp. 256, 351
No date. Unsigned  to  W.   Fox  Strangways  [Under  Secretary,   Foreign
[Colonial DePt.] 0ffice ]     [Draft.]    Transmits copy of Normanby's despatch on the
Sir Robert Peel, and requests to be informed as to whether Palmerston
concurs in the opinion expressed therein. p. 369
July 9.
[Colonial Dept.]
Unsigned to Strangways. [Draft.] Transmits copy of Arthur's
despatch No. 116, of 18 May, stating that there is little hope of
securing redress from the courts of the United States for the destruction of the Sir Robert Peel. p. 370
July 12.
[Colonial Dept.]
Unsigned to J. Backhouse [Under Secretary, Foreign Dept.].
[Draft.] Transmits an extract from Arthur's despatch, No. 113, of
18 May, with respect to the Stephen Girard. p. 352
July 24.
[Colonial Dept.]
Unsigned to Arthur, No. 85. [Draft.] States that J. E. Small
has pressed the claim of his brother C. Small, for his former salary as
Clerk of the Crown, and that the matter should be referred to the
provincial Legislature. p. 418
fcoididai De t] Unsigned to Colonel J. Fitzgibbon [Clerk of Assembly]. [Draft.]
eP. g£a£es fa&t Normanby has received Arthur's despatch on the bill
for a grant of 5,000 acres to him, but this cannot be considered until
he shall have .given a full and satisfactory explanation of the
circumstances under which he left Upper Canada without leave, and
without paying the claims for which money had been issued to
him. p. 456
August 2,
Downing St.
Unsigned to Arthur, No. 90. [Draft.] Acknowledges despatch
No. 123, of 23 May, and refers to the protection afforded against the
fugitive slave law. Points out that it would be impossible to grant
special protection to a particular class of subjects. p. 460
tcXniafbept.]        Unsigned to Arthur, No. 97.    [Draft.]    States that Palmerston
' has reported that it will be necessary to appeal to the courts of the
United States before an official demand can be made for redress
for the destruction of the Sir Robert Peel. p. 371 Q. 417, pt. 1
REPORT FOR THE YEAR 1945
Series Q. Vol. 417, pt. 1
LIEUT.-GOVERNOR SIR GEORGE ARTHUR, 1839
Arthur to Normanby.    Acknowledges despatches Nos. 1-31, andf^J.®4^
circulars;  private and  confidential  despatches,  of dates from  23
February to 4 April, 1839. p. 2
Arthur to Normanby, No. 125. Acknowledges despatch No. 8, J™ 5>
of 7 March, and states that he had already determined to withhold oron
from the Legislature Glenelg's separate despatch of 25 April, 1838,
with respect to Head's salary, but that the substance of it had been
communicated by message. Explains that due to a strange clerical
error the item was omitted from the bill. His own salary has also
been in abeyance. The rate of salary agreed upon has been fixed
in the bill for the transfer of the revenue, which was reserved,    p. 3
Arthur to Normanby, No. 126.    Refers to his despatch No. 101, J"1166'
of 8 May, and reports the result of the mission of W. H. Griffin,
surveyor of the Post Office in Lower Canada and the Eastern District,
who had proceeded to the United States in order to obtain justice
for the robbery of the mail between Gananoque and Kingston,    p. 7
Enclosed:
(1) Griffin to R. A. Tucker [Provincial Secretary], Gananoque,
14 May, 1839.    Reports upon his mission. p. 13
(2) John C. Spencer [Secretary of State, New York] to Tucker,
Albany, 13 May, 1839. Acknowledges letter of 6 May, which was
delivered by Griffin on 11 May, and reports the steps which he has
taken to afford aid to that officer. p. 18
Arthur to Normanby, No.  127.    Refers to despatch No. 94, ^^
of 24 April, and transmits documents relating to the firing upon the
steamboat United States. p. 20
Enclosed:
Schedule of documents:
p. 23
(1) J. Macaulay [Civil Secretary] to Colonels P. Young and
W. Marshall, Toronto, 19 April, 1839. Acknowledges report of the
incident and approves of the steps which are to be taken. Trusts
that precautions will be taken to prevent such occurrences, and that
the vessel will not approach Prescott until ill-feeling shall have
subsided. P' 24
(2) Young to  Macaulay,  Prescott,   15  April,   1839.
the incident.
Reports
p. 26
Young   to   Macaulay,   Prescott,   15   April,   1839.    Transmits
proceedings of a special session held to enquire into the incident,   p. 28 PUBLIC ARCHIVES
% 417, pt. 1
Sub-enclosure:
Proceedings.
p. 29
(4) Marshall to Macaulay, Brockville, 16 April, 1839. Reports
that had the United States landed at Brockville, she would have been
destroyed. The Oneida appears frequently, but the United States
will cruise only between Lewiston and Ogdensburg. p. 38
(5) Young to Capt. F. Halkett [Assistant Military Secretary],
Prescott, 18 April, 1839. Transmits the report of Col. R. A. Fraser
and Major D. Clark, upon the incident. p. 40
Sub-enclosure:
Report.
p. 41
Arthur to Normanby, No. 128.    Transmits the Blue Book for
1838, and points out that it has received considerable revision from
the form previously employed. p. 43
Enclosed:
R. A. Tucker to Arthur, Provincial Secretary's Office, 22 May,
1839. Explains revision. p. 45
Sub-enclosure:
Statement of new matter contained in the Blue Book. p. 47
Arthur to Normanby. Acknowledges despatches Nos. 32-47,
of dates from 20 April to 17 May, two circulars of 20 April and
3 May, and three circulars of 20 and 29 April, and of 4 May,
1839. p. 48
Arthur to Normanby, No. 129. States that Archdeacon Strachan
is about to proceed to England in order to be consecrated Bishop of
Upper Canada. p. 49
Enclosed:
(1) Strachan to Macaulay, Toronto, 20 May, 1839.
leave of absence.
Requests
p. 51
(2) Macaulay to Strachan, Toronto, 20 May. States that six
months' leave of absence has been granted. p. 53
Arthur to Normanby, No. 130. Gives an account of the negotiations and eventual failure of a measure to send representatives to
England. Reports that an address was passed urging that Arthur
should send the Receiver General to discuss the financial situation.
Transmits a resolution naming the Chief Justice, J. B. Robinson,
who was in England, as agent to draw attention to these affairs,    p. 55 Q. 417, pt. 1
Enclosed:
Resolution.
REPORT FOR THE YEAR 1945
23
p. 58
Arthur to Normanby, No. 131.    Reports on the Currency Act, Junes,
the Acts for the negotiation of debentures, for the issue of bills ofTo^onto•
credit, for the payment of Rebellion losses, and for the purchase
of the private stock in the Welland Canal, all of which have been
reserved.    Discusses   the   general   financial   situation   of   Upper
Canada. p. 59
Enclosed:
(1) Schedules with reference to the financial situation:
A. List of Bills. p. 86
B. Debt of the Province and interest due. p. 87
C. Debt incurred for general purposes and additional sum
required for purchase of Welland Canal stock. p. 87
D. Debt for local undertakings and resources. p. 88
E. Interest, etc. p. 89
(2) Act to authorize the issue of bills of credit. p. 92
(3) Act for the negotiation of debentures. p. 95
(4) Act for payment of Rebellion losses. p. 98
(5) Act for purchase of private stock in the Welland
Canal. p. 113
Arthur to Normanby, No. 132.    Reports the seizure and sub-*^^
sequent liberation of the United States schooner G. S. Weeks, at
Brockville, on 17 May.    Transmits papers dealing with the case.
Reports the state of feeling in the province, and aggressive acts by
frontier populations. p. 118
Enclosed:
(1) Arthur to Fox, Toronto, 25 May, 1839. Reports the
incident. p. 127
(2) Arthur to Fox, Brockville, 29 May, 1839. Gives further
information and urges that civil wrongs should be dealt with in the
courts and national differences by the respectives governments, p. 137
(3) Col. W. J. Worth [Commanding United States Army] to
the Collector of Customs at Brockville, Steamer Oneida, off Brockville, 18 May, 1839. Demands reason for the seizure of the
schooner. p. 144 PUBLIC ARCHIVES
Q. 417, pt. 1
(4) Worth to Collector, Steamer Oneida, off Prescott, 18 May,
1839. Demands the release of the vessel and the restoration of the
gun. p. 145
(5) Address from the inhabitants of Brockville, protesting
against the surrender of vessel. p. 147
(6) Reply to Address.
p. 150
(7) Article   on   the   liberated   prisoners,   fram   the   Chronicle
Gazette. p. 153
(8) Address from Cornwall and the Eastern District.        p. 161
(9) Reply to Address.
P.
164
(10) Capt. W. Sandom [Commanding Naval Forces in Canada]
to Arthur, H.M.S. Niagara, Kingston, 31 May, 1839. Requests
instructions for dealing with turbulent people on the islands of the
St. Lawrence. States that United States authority has withdrawn
the permission given last year to search American islands.        p. 166
Arthur to Normanby, No. 134. Reports upon the bill to
appropriate the funds intended for King's College to the support of
district grammar schools. Gives an extensive account of the background of this measure and of the difficulties of the situation. Explains
the provisions of the bill, and the reasons which have led him to
believe that the Legislature has decided wisely. p. 169
Enclosed:
(1) Lieut.-Col. Joseph Wells [Bursar of King's College] to
J. Macaulay [Civil Secretary], King's College Office, 16 April, 1839.
Transmits returns of the accounts of King's College. p. 197
Sub-enclosure:
Accounts.
p. 199
(2) Proceedings in the Legislative Council, 1831-33, on school
lands. p. 249
[This report which is continued in Q. 417, pt. 2, comprises the
following documents]:
(i) Proceedings
in Assembly, 20 January, 1831.
p. 249
(ii) Address  of
school townships, 21
Assembly,   praying for  documents
January, 1831.
respecting
p. 250
(iii) Proceedings
1831.
of Assembly,  24 January,  and 2
February,
p. 252
(iv) Extract of a
1797.
despatch from Portland to Russell, 4 November,
p. 253 Q. 417, pt. 1 REPORT FOR THE YEAR 1945 25
(v) J.   Hillier   to   Presiding   Councillor,   Government   House,      1839
30 May,  1823.    Refers the question of a board of education for
the province, to the consideration of the Council. p. 255
(vi) G. H. Markland to Lt. Z. Mudge, York, 7 December, 1838.
States the acreage appropriated for schools. p. 257
(vii) Return of land reserved for education, 11 March,
1839. p. 258
(viii) Memorandum of the Lieut.-Governor to Council, May,
1830. p. 259
(ix) Proceedings of Assembly, 3 February, 1831. p. 263
(x) Address of Assembly, praying for certain documents,    p. 265
(xi) Message from the Lieut.-Governor, 7 February, 1831.   p. 267
(xii) Summons from Peter Russell to those called to discuss the
question of schools for the province, 1 December, 1798. p. 270
(xiii) J. Elmsley [Chief Justice] to Russell, 10 November 1798.
Requests to be informed whether individual opinions are to be given
or whether a general report should be made. p. 272
(xiv) Russell to Elmsley, York, 12 November, 1798. Declares
that a general report should be made but that this would not preclude
gentlemen from stating their own sentiments in addition. p. 273
(xv) Proceedingss in Council, with report, 1 December,
1798. p. 274
(xvi) Extract of a despatch from Maitland to Bathurst, with
reference to schools. p. 291
(xvii) Report of Committee of Council, 7 January, 1819.    p. 292
Unsigned to J.  Backhouse [Under Secretary,  Foreign Office].^
[Draft.]    Transmits copy of Arthur's despatch No. 101, of 8 May,
with respect to the robbery of the mail between  Kingston and
Gananoque. p. 11
Unsigned   to   Sir   Francis   Bond   Head.    [Draft.]    Transinits[£$^Dept]
extract from Arthur's "despatch No. 125, of 5 June, and states that
that officer has been instructed to remit the sum due. p. 6
Normanby to Arthur, No. 87. [Draft.] Acknowledges des- f^jSki Dept j
patches dealing with the outrages by British subjects on the United
States, and Stephen Girard, and by citizens of United States upon the
Traveller, and in the robbery of the mail between Gananoque and
Kingston. States that Palmerston concurs in approving of the
measures which Arthur has taken in these cases. p. 12
Unsigned  to  Arthur,   No.   61.    [Draft.]    Refers  to   despatch      1840
No. 127, of 7 June, and transmits copy of a note from Palmerston January 26.
to the Ambassador relative to the firing upon the  United States. [Colonial Dept.]
[Enclosure not at this place.] P- 22
[Colonial Dept.] 26
PUBLIC ARCHIVES
Q. 417, pt. 2
Series Q. Vol. 417, pt. 2
LIEUT.-GOVERNOR SIR GEORGE ARTHUR, 1839
JSoniai Dept.]        Unsigned to Arthur, No. 6.    [Draft.]    Transmits copy of a letter
' from the Treasury respecting the erection of new barracks at Toronto.
[Enclosure not at this place.]
p. 412
Continuation of enclosures in Arthur to Normanby, No.  134,
8 June, 1839.    [See Q. 417, pt. 1, p. 169.]
(xviii) Extract of a report of Council, 17 September, 1830.   p. 296
(xix) Report of Select Committee of Assembly, 23 February,
1831. p. 297
(xx) Proceedings of Assembly, 16 March, 1831. p. 310
(xxi) Proceedings of Assembly, 21-26 December, 1831.      p. 312
(xxii) Message from the Lieut.-Governor, 24 December,
1831. p. 325
(xxiii) Proceedings of Assembly, 8-9 November, 1832.      p. 328
(xxiv) Goderich to Colborne, No.  83,  Downing St.,  5 July,
1832. p. 329
(xxv) Proceedings of Assembly, 14 November, 1832. p. 330
(xxvi) Address of Assembly, 15 November, 1832. p. 332
(xxvii) Message   from   the   Lieut.-Governor,    17   December,
1832. p. 333
(xxviii) Return of school lands, 10 December, 1832.
p. 335
(xxix) G. H. Markland [Secretary of the Board of Education]
to Lieut.-Col. W. Rowan [Civil Secretary], 14 December, 1832.    p. 336
(xxx) S. P. Hurd [Surveyor General] to Rowan, 10 December,
1832. p. 338
Sub-enclosure:
Statement of lands.
p. 339
Arthur to Normanby, No. 135. Reviews the question of the
Clergy Reserves and of the measure recently passed. Discusses
the general issue which has been referred to the British Parliament,
and transmits papers dealing with various aspects. p. 342 Q. 417, pt. 2 REPORT FOR THE YEAR 1945
Enclosed:
(1) Statement   A.   Numerical   strength   of   religious   bodies.
[Printed.] p. 375
(2) Statement   B.     Annual    Payments   to   religious   bodies.
[Printed.] p. 375A
(3) Statement C.    Amount of Clergy Reserves sold in Upper
Canada, since 1828.    [Printed.] p. 376
(4) Statement D.    Drafts by the Receiver General upon London
1833-1838,   on  account  of  dividends  on  Clergy  Reserves.
[Printed.] p. 376A
(5) Statement E.   Annual Clergy Reserve rents,  1 January,
1834-31 December, 1838.    [Printed.]    ' p. 376A
27
(6) Statement F.    Clergy Account.    [Printed.]
p. 377
(7) Statement   G.   Semi-annual   sales   of   Clergy   Reserves.
[Printed.] p. 377A
(8) Statement H.
[Printed.]
Form of receipt, and memorandum of sales.
p. 378
Arthur to Normanby, No. 136.    Gives an account of the staters,
of Government House and of the extent to which improvements oron '
have been made.    States his intention of bringing the matter to the
attention of the Legislature at the next session. p. 398
Arthur to Normanby, No. 137. Acknowledges despatch No. 6, *»» 8,
of 1 March, and states that the erection of wooden barracks at
Toronto, Kingston, London, Chatham, and Amherstburg has
obviated the necessity for permanent barracks at the present time.
States that good fortifications are required, as well as stores and
clothing. p. 409
Arthur   to   H.   Labouchere   [Under   Secretary].    States   that ^e 8,
Col. J. Fitzgibbon has left the province without meeting claims for
which money had been issued to him.    His purpose was to obtain
assent to the Act granting him land. p. 415
Unsigned to Arthur, No. 58. [Draft.] Transmits copy of a June JJ^^ .
correspondence between the Treasury and the Ordnance with respect ° onia ep'
to new barracks at Toronto. p. 413
Arthur to Normanby, No. 139. Transmits copy of a report June 20^
of the Attorney General, urging that owing to an error found therein, oron
the Act for measuring the contents of wooden stills, and for fixing
a duty, should not be promulgated. Gives reasons for permitting the
Act to be published. Points out that the revenue deficiency can be
provided for by a loan from the Bank of Upper Canada. Draws
attention to the inconvenience which results from leaving matters
of importance till the end of the session. p. 419 28
PUBLIC ARCHIVES
3. 417, pt. 2
Enclosed:
C. A. Hagerman [Attorney General] to R. A. Tucker [Provincial
Secretary], 10 June, 1839. p. 425
Arthur to Normanby, No. 140. Gives reasons for which he
reserved the bill to grant 5,000 acres of land to Col. J. Fitzgibbon. Reports the sudden departure of that officer to England without meeting
claims for which money had been issued to him. Praises Fitzgibbon's
services and points out the difficulties of his financial position,, and
states his belief that these have preyed upon his mind, as may be
seen from the enclosed letter. p. 427
Enclosed:
(1) Fitzgibbon to Arthur, Montreal, 25 May, 1839. This letter
is annonated by Arthur. p. 431
(2) Fitzgibbon to Arthur, Toronto, 11 March, 1839. Declines
appointment as sheriff of the Niagara District. p. 446
Arthur to Normanby, No. 141. Reports that the schooner
Nehemiah Merritt was sunk while in the service of the government,
in January, 1838. Reports the steps taken to raise the vessel and
requests to be informed as to the source from which remuneration
should be paid to Thomas Merritt, owner. p. 448
Enclosed:
Colonel W. Rowan [Military Secretary] to Capt. F. Halkett
[Assistant Military Secretary], Quebec, 12 October, 1838. States
that it is desirable that the vessel should be raised, and that instructions should be obtained from the Colonial Secretary as to the fund
from which compensation should be made. p. 454
Sub-enclosures:
(i) Account.
p. 455
(ii) Memorandum of Board of Claims, Drummondville, 6 September, 1838. p. 456
(iii) Contract between Capt. Andrew Drew and T. Merritt,
respecting the refitting of the vessel. p. 457
Arthur to Normanby, No. 142. Reports that he has paid the
expenses of the courts martial from the fund voted for the subsistance
and treatment of state prisoners, despite the protest of the Assembly.
Requests instructions. p. 466
Enclosed:
(1) Capt. F. Halkett to Col. W. Rowan, Toronto, 11 March,
1839. Transmits pay lists and approves of the higher rate of pay
requested by the Judge Advocate. p. 469 Q. 417, pt. 2
REPORT FOR THE YEAR 1945
(2) Rowan to Halkett, Head Quarters, Montreal, 21 March,      183!
1839.    Directs that if these expenses cannot be paid from provincial
funds; the matter should be referred to England. p. 471
(3) Address of Assembly, 6 May, 1839, praying that the province
should not be called upon to meet the maintenance and trial of state
enemies, which should be regarded as a charge against defence,    p. 473
(4) Minute of Council, 23 May, 1839. Approves payment
from the fund for state prisoners, pending reference to England, p. 475
(5) Minute of Council for issue of warrants, 25 May, 1839.   p. 476
Arthur to Normanby, No. 143. Acknowledges circular of June 26,
20 April, communicating further instructions with respect to the oronto*
transportation of military convicts. p. 477
Arthur   to   Normanby.    Acknowledges   circular   of   6   March, June 26,
with Appendix C. of Durham's Report.
p. 478x
Arthur to Normanby, No. 145.    States that he has given leave June 26,
to J. H. Dunn, the Receiver General, to proceed to England as agent
of the Assembly, for the purpose of making representations on the
financial state, of the province.    J. B. Robinson, who was selected
by the Legislative Council, is already in England. p. 479
Enclosed:
Address of Assembly, 11 May, 1839.
p. 481
Arthur to Normanby, No. 146.    [Not transcribed.    See Q. 421.]*™*^
Arthur to Normanby, private.    Refers to his despatch No. 92,*™J^
of 24 November,  1838,  and draws .attention to the conspicuous
gallantry displayed by Lt. W. N. Fowell, R.N., at Prescott.     p. 483
Arthur to Normanby, No. 147.    Transmits further documents ^onto
respecting the seizure of the G. S. Weeks, and draws attention to the
fact that the only additional information is that upon full review
of the case, the Law Officers have decided that the seizure was
legal. p. 486
Enclosed:
(1) Col. W. Marshall to -
Reports the seizure.
Brockville, 17 May, 1839.
p. 490
(2) R.  D.  Fraser [Collector of  Customs]  to John Macaulay
[Civil Secretary], Brockville, 18 May, 1839.    Reports seizure,    p. 494
(3) Petition of Lewis  Turner  [Master],  Brockville,   18  May,
1839.    Prays for the restoration of the vessel. p. 496 PUBLIC ARCHIVES
Sub-enclosure:
Affidavit of Turner.
Q. 417, pt. 2
p. 497
(4) Macaulay to Turner, Toronto, 23 May, 1839. States that
although the vessel has been returned, the Collector of Customs
will be called upon for a report. p. 501
(5) Clearance from Oswego, 16 May, 1839.
(6) Bill of lading, Oswego, 15 May, 1839.
p. 503
p. 504
(7) James Morris [Magistrate], to Macaulay, Brockville, 20 May,
1839.    Reports release of the vessel. p. 508
(8) Lieut.-Col. the Hon. H. Dundas to Arthur, Kingston, 23 May,
1839. Reports steps taken in consequence of the seizure and
release. p. 509
(9) Marshall to Macaulay, Brockville, 20 May, 1839. Reports
the release. p. 513
(10) Fraser to Macaulay, Brockville, 26 May, 1839. Reports
that he has released the vessel. p. 520
(1) Fraser to James Nation [Acting Inspector General], Brockville, 26 May, 1839. Reports the circumstances of the seizure and
surrender. p. 521
(12) Col. W. J. Worth to Collector of Customs, Brockville,
18 May, 1839.    [Not transcribed.    See Q. 417, pt. 1, p. 144.]
(13) Worth to Collector of Customs, 18 May, 1839. [Not
transcribed.    See Q. 417, pt. 1, p. 145.]
(14) Statement of James Morris, J.P., 28 May, 1839.
p. 528
(15) Statement of George Prevost [Deputy Collector, at Brockville], 29 May, 1839. p. 535
(16) Prevost to
Brockville, 18 May, 1839.    States
that it is not in his power to give an explanation, which must be
given by his superior. p. 537
(17) Statement of Lieut. James Harper, R.N., 29 May, 1839. p. 538
(18) Additional statement from Harper, 29 May, 1839.     p. 540
(19) Statement of Sergeant James Healey, 29 May, 1839.    p. 541
(20) Statement of Marshall, 29 May, 1839. p. 542
(21) Worth to Marshall, U.S.S. Oneida, Morristown, 19 May,
1839.    Resents insults offered to visiting officers. p. 547
(22) Capt. G. Wright to Worth, U.S.S. Oneida, Morristown,
19 May, 1839.    Reports insults. p. 549 ^. 417, pt. 2
REPORT FOR THE YEAR 1945
(23) Marshall to Worth, Brockville, 21 May,  1839.    Regrets      1839
insults. p. 551
(24) Statement of Fraser, 29 May, 1839.
p. 553
(25) Law Officers to R. A. Tucker [Provincial Secretary],
Toronto, 24 May, 1839. Reports that the seizure was not justified,
but that Col. W. Marshall could have compelled Col. W. J. Worth
to leave British territory. p. 558
(26) Law Officers to Tucker, Toronto, 29 June, 1839. Reports
that in view of the evidence now available, the seizure of the vessel
was legal. p. 561
Arthur to Normanby, No. 148. Transmits memorial from June 29,
Rev. B. Cronyn, of London, praying to be placed on the same footing Toronto-
as other missionaries who were appointed prior to 1833. The omission
of his name had been due to a clerical error. A similar memorial
from Rev. D. E. Blake, of Adelaide, is also sent, the only difference
being that no pledge of an increased stipend appears to have been
definitely given. p. 568
Enclosed:
(1) Memorial of Rev. B. Cronyn, 15 June, 1839.
p. 572
(2) Declaration of Rev. B. Cronyn that he will conform to the
liturgy of the United Churches of England and Ireland, 5 November, 1832. p. 576
(3) Memorial of Rev. Dominick E. Blake, Toronto, 27 June,
1839. p. 577
(4) Licence to Rev. D. E. Blake from the Bishop of Quebec,
10 November, 1832. p. 581
Unsigned to Arthur, No. 78.    [Draft.]   Acknowledges despatch July e.
No. 138, of 10 June, and states that the report of the Select Com- tColonial DeP*-J
mittee of the Legislative Council, on Durham's Report,  has  been
laid before  Parliament. p. 417
Unsigned to G. J. Pennington [Auditor of the Civil List].   [Draft.] July io.
Transmits copy of Arthur's despatch No. 136, of 8 June, with respect[Colomal Dept']
to the erection of barracks at Toronto. p. 411
Unsigned to F. Baring [Secretary to the Treasury].    [Draft.] Kjg^ De t]
Transmits copy of Arthur's despatch No. 136, of 8 June, and requests
sanction of the expenditure made upon Government House, and of
Arthur's suggestion that the matter be referred to the  Legislature, p. 406
Unsigned to Arthur, No. 88.    [Draft.]    Acknowledges despatchJuiyjml.  ^
No. 139, of 20 June, and approves of the reasons given for permitting[ ° °
the publication of the Act.    Instructs him to point out to the Legislature the inconvenience which results from rushing matters of importance which are left to the end of the session. p. 423 32 PUBLIC ARCHIVES Q. 417, pt. 2
1839 Unsigned to F. Baring.    [Draft.]   Acknowledges despatch No.
August 2.        141, of 25 June, and requests to be informed as to what instructions
[Colonial Dept.] should be issued to Arthur with respect to the Nehemiah Merritt.
p. 452
ECoSSfd Dept.]        Unsigned to Arthur, No. 91.    [Draft.]   Acknowledges despatch
' No. 136, of 8 June, and states that the Treasury has approved of the
expenditure and of the intended appeal to the Legislature with respect
to further improvements for Government House. p. 408
[Co^onuabept.] Unsigned to Arthur, No. 95. [Draft.] Acknowledges despatch
No. 137, of 8 June, and states that the Treasury is of opinion that
despite the new arrangements with respect to barracks, the sum
destined for that purpose should be paid into the Military Chest.
p. 414
August 23.
[Colonial Dept.]
Unsigned to Arthur. [Draft.] Acknowledges despatch No. 140,
of 25 June, and transmits copy of a correspondence with Col. J.
Fitzgibbon. Requests to be informed as to whether Fitzgibbon's
conduct contains grounds for refusal of assent to the Act to grant
him 5,000 acres of land.    [Enclosure not at this place.] p. 430
tcSoSai'bept.] Unsigned to Sir John Barrow [Secretary to the Admiralty].
[Draft.] Transmits copy of Arthur's private despatch of 29 June,
with respect to the gallantry displayed by Lt. W. N. Fowell.   p. 485
[Colonial Dept.]
Unsigned to A. Y. Spearman [Secretary to the Treasury].
[Draft.] Transmits copy of Arthur's despatch No. 142, of 25 June,
with respect to the expenses of the courts martial, together with the
draft of the reply which Russell intends to return thereto. Requests
immediate approval. p. 464
Enclosed:
Unsigned to Arthur, No. 9. [Draft.] Acknowledges despatch
No. 142, of 25 June, and approves of the course which Arthur has
taken, and directs that should the Assembly protest, he is to offer
to transmit to England any representations that shall be made.   p. 466
October 12,
Downing St.
Lord John Russell [Secretary of State] to Arthur. No. 20.
Acknowledges despatches dealing with reserved bills. Gives grounds
for the withholding of the Royal Assent from the Clergy Reserve
Bill, the bill for the appropriation of the casual and territorial revenue,
the Rebellion Losses Bill, the bill for the issue of bills of credit. The
Act for the negotiation of debentures has been confirmed. p. 379
Komai^ept.] Unsigned to Arthur, No. 32. [Draft.] Acknowledges despatch
No. 141, of 25 June, and states that before any instructions can be
issued, the Treasury requires information with respect to the contract
made with the owner of the Nehemiah Merritt, and as to the service
in which she was employed. p. 453 Q. 417, pt. 2 REPORT FOR THE YEAR 1945 33
Unsigned to Arthur,  No. 41.    [Draft.]    Transmits an extract      1839
of a note from the United States Ambassador, with respect to the November u.
seizure of the G. S. Weeks. p. 4881°°""™ S*J
Russell to Arthur, No. 50.    Transmits Order-in-Council confirm- S>yemberg2t91
ing the Act for the negotiation of debentures. p. 388   owmng
Series Q. Vol. 418, pt. 1
LIEUT.-GOVERNOR SIR GEORGE ARTHUR, 1839
Arthur to Normanby, No. 149. Transmits copy of an address _aiy i,
from the Midland and Newcastle Districts, together with a letter from oron '
Robert C. Wilkins, M.P.P. Gives an account of the state of feeling
in that area, and encloses papers illustrative of his contention that
American influence is strong. Comments upon the attitude of the
United States and the protection afforded to offenders against Upper
Canada. Mentions B. Lett, accused of the murder of Capt. E. Ussher
of Chippewa. p. 2
Enclosed:
(1) Address. Complains of the release of prisoners, in particular
that of Bildad Franklin, Levi Loomis, and Alexander Fish.       p. 16
(2) Wilkins to J. Macaulay [Civil Secretary], Carrying Place,
30 May, 1839. Transmits address, and complains against the liberation of prisoners as a reflection upon the conduct of the
magistrates. p. 25
(3) Address from Hastings, Belleville, 26 December, 1838.
Compliments Arthur upon measures taken to defend the
country. p. 31
(4) R. A. Tucker [Provincial Secretary] to Magistrates of Midland
and Newcastle Districts, Toronto, 17 June, 1839.   Replies to address.
p. 35
(5) William Robertson and J. B. Crome [Magistrates] to
Macaulay, River Trent, 15 June, 1839. Report on the riot which
took place at Percy, on 5 June, 1839. p. 44
(6) Lieut.-Col. D. Campbell [Northumberland Militia] to
Adjutant-General of Militia, Seymour, 20 June, 1839. Reports
the riot at Percy. p. 56
(7) George Manners, J.P., to Macaulay, Haldimand, 26 June,
1839. Transmits notice calling a meeting on 1 July, and stating
his intention of assisting in the preservation of order. p. 64
37759—3 PUBLIC ARCHIVES
Q. 418, pt. 1
1839
Sub-enclosure:
Notice, Haldimand, 20 June, 1839.
p. 66
(8) B. McMahon, J.P., to Macaulay, Brighton, 25 June, 1839.
Reports that dissaffected inhabitants intend to celebrate July 4,
with the assistance of sympathizers from Rochester, and that Presque
Isle is threatened with invasion. p. 67
(9) Lieut.-Colonel Baron De Rottenburg to Macaulay, Belleville, 21 June, 1839. Transmits deposition made before W. Bowen,
J.P., which points to the danger of another insurrection. p. 70
Sub-enclosure:
Deposition of Philip Embury, Frankford, 17 June, 1839.     p. 72
(10) De Rottenburg to Macaulay, Belleville, 26 June, 1839.
Transmits circular addressed to Bildad Franklin, of Brighton,
whose cypher communication was forwarded to the postmaster at
Toronto.    Franklin was arrested last year. p. 75
Sub-enclosure:
Notice of a meeting to be held at Haldimand, 1 July, 1839, to
consider Durham's Report. p. 76
(11) De Rottenburg to Macaulay, Belleville, 20 June, 1839.
Transmits copy of a letter from W. Bowen, and states his intention
of investigating it. Urges that individuals against whom evidence
exists should not be allowed to escape. Does not think that the
Hastings people are armigd. Many muskets were found at Brighton
last winter. p. 77
Sub-enclosure:
Bowen to De Rottenburg, Frankford, 17 June, 1839. States
that he has been informed that an uprising will take place, possibly
on 23 June. p. 79
(12) R. A. Tucker [Provincial Secretary] to De Rottenburg,
Toronto, 29 June, 1839. Gives authority to call out 100 additional
men for one month if it is thought necessary to make such provision
for the safety of Brighton. Sandom has been warned about Presque
Isle. p. 81
(13) S. B. Harrison [Private Secretary] to De Rottenburg,
25 June, 1839. Expresses a feeling that the disturbances are
evanescent, but precautions should be taken. In case of crisis,
communication should be made with Dundas, at Kingston, and
with Arthur. p. 83
(14) Capt. W. Sandom, R.N., to Col. F. Halkett [Assistant
Military Secretary], H.M.S. Traveller, near Gananoque, 25 June,
1839. Reports that 4 or 5 men of Bill Johnson's party had fired
upon a guard which he had stationed. p. 85 Q. 418, pt. 1
REPORT FOR THE YEAR 1945
(15) Sandom to Arthur, H.M.S. Niagara, Kingston, 26 June,      1831
1839.    States that a careful watch is being kept. p. 87
(16) Halkett to Sandom, Toronto, 29 June, 1839. Approves
of action taken by Sandom and states that Arthur would acquiesce
in any understanding that should be made with the United States
senior naval officer. p. 89
Arthur to Normanby, No. 150.    Transmits copy of a circular July 1,
addressed to the magistrates urging the allaying of party conflicts Toronto*
which might arise if the Orangemen were to indulge in celebrations.
The clerks of the peace have been urged to make the contents generally
known. p. 91
Enclosed:
Circular.
p. 95
Arthur to Normanby, No. 151.    States that the sum of £ 10.10. 2, July 1,
has been repaid to the Military Chest from the casual and territorialToronto-
revenue.    This sum was advanced to meet the expense of cleaning
the House of Assembly. p. 99
Arthur  to  Normanby,   confidential.    Gives  his  opinion  with July 2,
respect  to  political  feeling.    Transmits  extract  of  a  letter  fromToront0'
S. Derbishire which sounds the alarm. p. 101
Enclosed:
Sir Allan N. MacNab [Speaker of Assembly] to S. B. Harrison,
Toronto,   2   July,    1839.    Transmits   extract   of   a   letter   from
| Derbishire. p. 107
Sub-enclosure:
Extract,   New  York,   22  June,   1839.    Expresses  fear  of  an
outbreak during the celebration of the fourth of July. p. 108
Requests an early decision July 3,
p. noTorontc
Arthur to Normanby,  No.   152.
on the case of Lieut. John Elmsley.
Arthur to Normanby, confidential.    Acknowledges confidential July 8.
despatch of 12 June, and expresses thanks for the news respecting
plans for the future government of Upper Canada.    Draws attention
to the serious financial situation. p. 113
I Arthur to Normanby. Acknowledges despatches 48-61, of July 3,
J dates from 18 May to 11 June, and confidential despatch of 12 June, oron
11839. p. 118
Arthur to Normanby, No. 153.    Acknowledges despatch No. 58, My 8^
"of 10 June, and states that he has concluded that before any steps oron
are taken with respect to new barracks at Toronto, consideration
Iwill be given to Lieut.-Colonel Oldfield's report upon the barracks
of Upper Canada. p. 119
37759—3* PUBLIC ARCHIVES Q. 418, pt. 1
Arthur to Normanby, No. 154 Transmits letter from the
Treasury stating the arrangements which have been made for steam
communication between Great Britain and British North America.
[Enclosure not at this place.] p. 121
Arthur to Normanby, No. 155. Returns the warrants for the
re-appointment of J. B. Robinson, L. P. Sherwood, and J. B.
Macaulay. p. 122
Enclosed.
(1) Warrant for J. B. Robinson.
(2) Warrant for L. P. Sherwood.
(3) Warrant for J. B. Macaulay.
p. 124
p. 126
p. 128
Arthur to Normanby, No. 156. Acknowledges despatch No. 37,
of 29 April, and transmits copy of a letter from S. P. Jarvis, Chief
Superintendent of Indian Affairs, showing that the course suggested
by the Ordnance with respect to Indian presents has been in force
for some time in the province.    Explains the deficiency in stores.
p. 130,
Enclosed:
(1) Jarvis to Harrison, Toronto, 13 July, 1839.
p. 134
(2) F. E. Knowles [Deputy Commissary General] to Jarvis.
States that 950 blankets were issued to the militia, of which 850
have been replaced. p. 136
Arthur to Normanby, No. 158.    Transmits printed copies of the \
statutes passed in the recent session. p. 150
Arthur to Normanby, No. 159. Acknowledges circular of
1 July, and states that orders have issued for the preparation of the
financial returns required therein. p. 151
Arthur to Normanby, No. 160. Acknowledges despatch No. 51,
of 25 May, and transmits copy of a correspondence with the banks
and of a Minute of Council as to the resumption of specie payments.
Regrets that there is little prospect of an immediate resumption.
p. 153
Enclosed:
(1) Harrison to the Banks, circular, Government House, 15 July,
1839. Requests to be informed as to the feasibility of a return to
specie payments before the expiration of the term fixed by the
Legislature. p. 156
(2) A. Steven [Cashier of the Gore Bank] to Harrison, Hamilton,
24 July, 1839. Acknowledges circular, and states that it would not
be possible to resume specie payments prior to the date fixed,    p. 157 Q. 418, pt. 1
REPORT FOR THE YEAR 1945
(3) T. G. Ridout, [Cashier of the Bank of Upper Canada] to
Harrison, Toronto, 18 July, 1839. Acknowledges circular, and states
that arrangements will be made for the resumption of specie payments
if practicable, when news shall have been received as to the fate of the
Currency Act. p. 158
(4) F. A. Harper [Cashier of the Commerical Bank] to Harrison,
Kingston, 18 July, 1839. Acknowledges circular, and states that if
the other banks will consent, arrangements for resumption will be
made with them any time after 1 August. p. 160
Sub-enclosures:
(i) Resolution of Directors, 20 May, 1839.
(ii) Ridout to Harper, Bank of Upper Canada, Toronto, 3 June,
1839. Acknowledges letter of 3 June, and gives ground for declining
to resume specie payments at the present time. p. 162
(iii) Stevens to Harper, Gore Bank, Hamilton, 6 June, 1839.
Acknowledges letter of 3 June, and states that the directors have
declined to resume specie payments prior to the date fixed by
law. p. 165
(5) Minute of Council, 25 July, 1839. Urges that consent
should not be given to further measures for suspension. p. 166
Arthur to Normanby, No. 161. Transmits petition from the July 27,
United Synod of the Presbyterian Church of Upper Canada, praying oronto'
for a share of the Clergy Reserves. p. 170
Enclosed:
Petition, Cowan, 28 June, 1839.
Arthur to Normanby, No. 162.    Acknowledges despatch No. 68, igyjjfa
of 27 June, and states that attention will be given to means for the oron
prevention of the illegal conveyance of mails by steamboats.     p. 179
Arthur  to   Normanby,   No.   163.    Transmits  documents  an<lMy27^
makes   further   observations   upon   political   feeling   in   Upper
Canada. p. 182
Enclosed:
(1) S. Derbishire to Arthur, New York, 22 June, 1839. Gives
information as to the state of feeling and a warning as to a possible
attack under cover of celebration of 4 July, 1839. p. 188
(2) G. Manners to R. A. Tucker [Provincial Secretary], Haldimand, 7 July, 1839. Transmits copy of a letter which was addressed
to — Clark, giving information as to a proposed invasion of Upper
Canada. P- 193 PUBLIC ARCHIVES
Q. 418, pt. 1
Sub-enclosure:
J. G. Bethune to Clark, 22 June, 1839.
p. 195
Arthur to Normanby, No. 164. Acknowledges despatch No. 62,
of 13 June and states that he will ascertain how far it may be practicable to promote the views expressed with respect to the Kingston
Marine Railway Co. p. 197
Arthur to Normanby, No. 165. Transmits letter from J. C.
Spencer, Secretary of State of New York, declining to surrender
Benjamin Lett, wanted for the murder of Capt. Edgeworth Ussher,
on the Niagara frontier. p. 200
Enclosed.
(1) Spencer to Tucker, Albany, 13 July, 1839.
p. 206
(2) Report of C. A. Hagerman [Attorney General] on the refusal
to surrender Lett, 23 July, 1839. p. 211
Arthur to Normanby, No. 166. Transmits papers bearing
upon the activities of Orange societies, and points out the need for
the gradual suppression of them. p. 216
Enclosed:
(1) "Orangeism" from the The Statesmen, 13 July, 1839.    p. 222
(2) Proceedings of the Grand Lodge, Brockville, 11 June,
1839. p. 231
(3) T. B. Phillips to Arthur, Gore of Toronto, 11 July, 1839.
Resigns his offices of justice of the peace and captain of militia,
in view of his determination to give support to the Orange procession, p. 242
(4) S. B. Harrison [Civil Secretary] to Phillips, Government
House, 22 July, 1839.    Accepts resignation. p. 244
Arthur to Normanby, No. 167. Expresses regret that the
returns of religious denominations are not yet ready for transmission, p. 246
July 28,
Downing St.
.Unsigned to Arthur, No. 86. [Draft.] Acknowledges despatch
No. 150 of 1 July, and states that previous to the receipt of this
despatch, he had intended to urge upon Arthur certain suggestions
which it is not now necessary to repeat. Trusts that the Orange
societies will be governed by the consideration which Arthur has
urged. p. 93
Normanby to Arthur, No. 89. Acknowledges despatches dealing
with the state of political feeling. Expresses thanks for the clear
exposition given and of the measures taken by Arthur. p. 14 ^. 418, pt. 1
REPORT FOR THE YEAR 1945
Unsigned to Sir John Barrow [Secretary to the Admiralty].      1839
[Draft.]   Requests an early decision on the case of Lieut. John August io.
Elmsley. p. 112 lColonial Dept.]
Unsigned to J. Backhouse [Under  Secretary,   Foreign  Office]. roSSSifbaoH
[Draft.]    Transmits extracts of despatches from Arthur reporting   °( ! '
proceedings of Amercian citizens, and regarding apprehensions of
further invasion of the province. p. 105
Returns  of the  Public Revenue received in Upper  Canada,August 24-
from 1833 to 1838, in respect to casual and territorial revenue, etc.
[Printed by order of the House of Commons, No. 561.]:—        p. 140
(1) Arthur to Normanby, No.  157,  Toronto,  16 July,  1839.
Transmits return. p. 140A
(2) J.   H.   Dunn   [Receiver   General]   to  J.   Macaulay   [Civil
Secretary], Toronto, 31 May, 1839.    Transmits statements,    p. 140A
(3) Statements 1-13.    Monies paid to Lower Canada on account
of duties. p. 141
(4) Return of Public Revenue. p. 144A
(5) Return of expenditure. p. 145
(6) Return of revenue and receipts under 14 Geo. 3. p. 146
(7) Return of revenue and expenditure under 14 Geo. 3.     p. 146
(8) Return of monies from the Canada Company. p. 146
(9) Return   of   public   receipts   from   casual   and   territorial
revenue. p. 146 A
(10) Return of public expenditure from casual and territorial
revenue. p. 147
(11) Return of public receipts from Clergy Reserves.       p. 147A
(12) Return of public expenditure from Clergy Reserves,  p. 148A
Unsigned to  G.  J.   Pennington  [Auditor  of the  Civil  List].jggSSiifet.1
[Draft.]    Transmits copy of Arthur's despatch, No. 156, of 16 July,
with respect to the system adopted for Indian presents. p. 133
Unsigned to T. Laurence [Deputy Secretary to the Post Office]. ^SSifct.]
[Draft.]   States that Arthur has undertaken to give attention to
means for the prevention  of the illegal conveyance of mails by
steamboats. P- 179
Unsigned to R. Byham [Secretary to the Ordnance].    [Draft.]jggSn^]
States that Arthur has undertaken to promote the views and protect
the interests of the Government with respect to the Kingston Marine
Railway Co. P- 199 40
PUBLIC ARCHIVES
Q. 418, pt. 1
Unsigned to J. Backhouse.    [Draft.]   Transmits copy of Arthur's
despatch No. 165, of 27 July, and requests to be informed as to
[Colonial bept.] whether the attitude adopted by New York is legal. p. 204
PcoSafDlft]        Unsigned to Arthur, No. 3.    [Draft.]   Acknowledges despatch
ep. ^ 161, of 27 July, with the petition from the United Synod, praying
for a share in the Clergy Reserves.
p. 174
fcofiafDept]        Unsigned to Arthur, No. 6.    Acknowledges despatch No. 166,
° °m of 27 July, and expresses  concurrence with Arthur's views  with
respect to Orange societies. p. 221
rCoioniafEtet]        Unsigned  to  A.   Y.   Spearman   [Assistant   Secretary   to   the
ep- Treasury].    [Draft.]    Transmits copy of Arthur's despatch No. 160,
of 26 July, with respect to specie payments. p. 155
1840 Unsigned to Arthur, No. 62.    [Draft.]   Transmits copy of a
January 27.      correspondence with the Foreign Office, respecting the refusal to
[Colonial bept.] surrender B. Lett.    [Enclosure not at this place.] p. 204
Series Q. Vol. 418, pt. 2
LIEUT.-GOVERNOR SIR GEORGE ARTHUR, 1839
June 12,
Downing St.
Normanby to Arthur, separate. Gives grounds for dividing
the intended bill for the future government of the Canadas into two
measures, thereby postponing the proposed reunion. p. 368
[Colonial Dept.] Unsigned to Arthur, and to Colborne, No. 76. [Draft.] Transmits copies of the two bills for the future government of Canada,
and states that the measure for union will not come to a second
reading this session.
p. 371
Arthur to Normanby, No. 165. Transmits a memorial from
Rev. Abraham Fuller Atkinson, rector of Bath, praying for the
allowance granted to missionaries who were employed prior to
the arrangement effected in 1834.    Sponsors this claim. p. 248
Enclosed:
Memorial.
p. 252
Arthur to Normanby, No. 169. Transmits certified copies of
the Acts passed in the last session of Parliament. Points out that the
bill to provide for the disposal of the public land was passed despite
Glenelg's despatch, and that he had assented to it. p. 258
Enclosed:
Report of C. A. Hagerman, Attorney General, 1 July,  1839.
p. 270 Q. 418, pt. 2
REPORT FOR THE YEAR 1945
Arthur   to   Normanby,   No.   170.    Reports   the   capture   of      1839
Washington R.  Millis, alias Kelly, by Lieut. — McClure,  R.N.,My27,
and recounts the circumstances under which he was handed over to Toront*>.
the United States authorities, Millis, Robert Smith, and John Farrow
were committed for the robbery of the mail between Kingston and
Gananoque. p. 317
Enclosed:
(1) Capt. W. Sandom, [Commanding Naval Forces in Canada]
to Arthur, H.M.S. Niagara, Kingston, 4 July, 1839. Reports
capture. p. 327
Sub-enclosure:
Extract from the report of Lieut. McClure.
p. 329
(2) Report of J. Willoughby [Mate of H.M.S. Niagara], Toronto,
6 July, 1839. p. 332
(3) R. A. Tucker [Provincial Secretary] to Sandom, Toronto,
6 July, 1839. Acknowledges report and states that the matter has
been referred to Washington. Expresses regret that Lieut. McClure
should have violated United States territory. p. 336
(4) Sandom to Arthur, Toronto, 6 July, 1839. Transmits
Colonel W. J. Worth's letter respecting the capture, and points out
that he has promised that punishment will be meted out.        p. 341
Sub-enclosure:
Worth to Sandom, Headquarters, Northern Department, U.S.A.,
Sackett's Harbour, 3 July, 1839. p. 341
(5) Tucker to Sandom, Toronto, 6 July, 1839. Orders that an
offer be made to surrender the prisoner. p. 343
(6) Tucker to John C. Spencer [Secretary of State, New York],
Toronto, 6 July, 1839. Reports the capture, and states that Kelly
will be handed over. p. 346
(7) Arthur to Fox, Toronto, 6 July, 1839. Reports on the
case. i p. 351
(8) Spencer to Tucker, Albany, 10 July, 1839. States that the
case has been referred to the President of the United States.     p. 356
(9) G. C. Sherman [District Attorney, Jefferson Co., New York]
to J. S. Cartwright, Q.C., Watertown, New York, 17 July, 1837.
Reports the progress of the case. p. 358
Sub-enclosure:
Certificate as to the commitment of W. R. K. Millis, Robert
Smith, and John Farrow, for the robbery of the Upper Canada mail,
17 July, 1839. p. 361
37759—4 PUBLIC ARCHIVES
Q. 418, pt. 2
1839 Arthur to Normanby, separate.   Acknowledges separate despatch,
r27, of 26 June, and transmits the address of Assembly and Council on
onto- the bill for the sale of the Clergy Reserves. p. 362
Enclosed:
Address, 11 May, 1839.
p. 364
Arthur to Normanby, No. 171. Acknowledges despatch No. 76,
of 5 July, with copies of the bills for the future government of Upper
Canada. p. 366
Arthur to Normanby, No. 172. States that eleven more prisoners
have been given a free pardon, which has reduced those to be transported to 78. Transmits papers, and gives an account of arrangements. Points out that the case of William Highland is particularly
flagrant. p. 373
Enclosed:
(1) Return of convicts to be transported. p. 380
(2 and 3) Letters patent for commuting the sentence of death to
transportation, in certain cases. p. 382
(4) Arthur to Jonas Jones [Judge],  Toronto, 27 July,  1839.
Gives notice as to the sentence of transportation passed on William
Highland by court martial, and directs that arrangements be made
to carry it into execution. p. 403
(5) Order for the transportation of Highland.
p. 403
(6) S. B. Harrison [Private Secretary] to C. Hagerman [Attorney
General], Toronto, 27 July, 1839. Requests a report as to documents
necessary for the transportation of the prisoners. p. 410
(7) Hagerman
Report.
to     Harrison,     Toronto,
28     July,     1839
p. 412
(8) R. A. Tucker [Provincial Secretary] to the Colonial Secretary
of Van Diemen's Land, Toronto, 29 July, 1839. Transmits list of
persons to be transported and comments on their cases. p. 414
Sub-enclosure:
List. p. 417
(9) Warrant to the Captain of the Buffalo, 27 July, 1839.    p. 420
Arthur to Normanby, No. 173. Acknowledges despatches
Nos. 21 and 66, of 6 April and 23 June, and reports the steps which
have been taken to give effect to the decision with respect to commuted
pensioners. p. 425
Enclosed:
(1) Report of the Board appointed to advise the commuted
pensioners, 20 May, 1839. p. 432 Q. 418, pt. 2
REPORT FOR THE YEAR 1945
(2) Minute of Council, 4 July, 1839.
p. 448
(3a) Notice to commuted pensioners, Emigrant Office, Toronto,
15 July, 1839. p. 456
(3b) Circular to agents for relief,  Emigrant Office,  Toronto,
no date.    Contains form for returns. p. 460
Arthur   to   Normanby,   separate.    Pays   high   tribute   to  thef^29.
Chief Justice, J. B. Robinson, and states that at the cost of some oronto'
present inconvenience to the province, it would be better that he
should be given  extended  leave, rather  than  attempt  to return
before his health is restored.    Declares that Robinson could give
valuable information at the present juncture. p. 466
Account of the proceeds of the Clergy Reserves sold in Upper August 26,
and Lower Canada, and at present invested.
,)OC Treasury
p. 365 Chambers.
Unsigned to J.  Backhouse [Under Secretary,  Foreign Office], ^y^ My.
[Draft.]    Transmits copy of Arthur's despatch No. 170, of 27 July,[ pt-]
respecting the arrest of W. R. Millis, alias Kelly, and his gang. States
his intention of expressing approbation of Arthur's conduct, unless
Palmerston should dissent. p. 326
Unsigned   to   A.   Y.   Spearman   [Assistant   Secretary   to   the September ie.
Treasury].    [Draft.]    Transmits copy of Arthur's despatch No. 173,   °om
of 29 July, with respect to commuted pensioners. p. 465
Unsigned to  Attorney  General.    [Draft.]    Transmits  copy ofOctpber3.
Arthur's despatch No. 172, of 29 July, and requests a joint report   oon      ept*
as to the legality of the measures for the transportation of prisoners.
[A similar letter was written to the Solicitor General.] p. 377
Unsigned to Arthur, No. 16.    [Draft.]   Acknowledges despatches October 6,
Nos. 148 and 168 of 29 June and 27 July, and states that Rev. A. DownmgSt-
Atkinson and Rev. D. Blake, would not seem to have a claim under
the financial arrangement made in 1834.    Decision on the case of
Rev. B. Cronyn will be deferred until a certificate correcting the date
given for his appointment, shall have been received. p. 250
Unsigned to Arthur, No. 39.    [Draft.]    Acknowledges despatches November e*
Nos. 109, 134, and 169, of 14 May, 8 June, and 27 July.    PraisesDowning st*
Arthur's discussion of the Act for the advancement of education,
which has been confirmed.    With the exception of Nos. 1158, 1168,
1174, 1193, and 1196, these Acts have all been left to their operation, p. 261
Unsigned to Arthur, No. 40.    [Draft.]    Transmits copy of a letter November 7,
from the Law Officers as to the efficiency of the measures for the
[Colonial Dept.]
transportation of the prisoners.
p. 378
Unsigned to Arthur, No. 49.    [Draft.]    Acknowledges despatch November^.
No. 173, of 29 July, and states that the arrangements stated therein   ooma   ep'
have been approved by the Treasury, pending further information
as to the cost.    Cautions economy. p. 430
37759—4* 44
December 12,
Downing St.
PUBLIC ARCHIVES Q. 418, pt. 2
Unsigned to Arthur, No. 53. [Draft.] States that Act No. 1193,
cap. 38, has been disallowed as a result of the objections raised by the
College of Surgeons in London, to the powers given to the proposed
College of Physicians and Surgeons in Upper Canada. p. 263
February 17,
Downing St.
Unsigned to C. P. Thomson [Lieut.-Governor], No. 79. [Draft.]
Gives reasons for which the bill to provide for costs in certain cases
of information at the suit of the Crown, cannot be confirmed in its
present form. p. 265
June 17,
Downing St.
Unsigned to Arthur, No. 92. [Draft.] Transmits Order-in-
Council confirming the Act limiting the period for making claims
for damage caused by the construction of the Rideau Canal,     p. 268
July 16,
Downing St.
Unsigned to Arthur, No. 98. [Draft.] Transmits Order-in-
Council approving of Acts 1168 and 1196. [Enclosure not at this
place.] p. 269
Series Q. Vol. 419, pt. 1
LIEUT.-GOVERNOR SIR GEORGE ARTHUR, 1839
April 7.
[Colonial Dept.]
Unsigned to Arthur,
letter from T. Phillips,
N. Von Schoultz.
No. 22.    [Draft.]   Transmits copy of a
R.A.,   requesting  information  respecting
p. 109
June 5,
Downing St.
Unsigned to Arthur, No. 54. [Draft.] Requests information
respecting Martin Whisler, said to have purchased a farm near
Detroit. p. 159
June 28. Unsigned to Arthur, No. 74.    [Draft.]    States that a letter has
[Colonial Dept.] keen receive(i from Donald Cameron, of Thorah, impugning the
course of the Government with respect to his settlements in Thorah
and Eldon. Directs that Arthur should call upon Cameron for a
copy of this letter, and report thereon. Points out that the case was
examined by Glenelg in 1835. p. 127
July 8,
Downing S
Unsigned to Arthur, No. 80. [Draft.] Directs immediate
payment of the allowance due to Sir Francis Bond Head, by Glenelg's
despatch of 25 April, 1838. p. 19
Arthur to Normanby, No. 174. Replies to the charge made by
C. Buller, that he had underestimated the true number of signatures
attached to the petitions in favour of S. Lount and P. Matthews,   p. 3
Enclosures:
(1) Congratulatory Address from West Flamboro.
p. 9
(2) list of petitions in favour of Lount and Matthews with
numbers of signatures. p. 11 Q. 419, pt. 1
REPORT FOR THE YEAR 1945
Arthur to Normanby, No. 175.   Acknowledges despatch No. 80,      *839
of 8 July, and states that he has issued extra allowance granted to August 21,
Sir Francis Bond Head, by Glenelg's despatch of 25 April,  1838.Toronto-
Explains that he has not been responsible for the delay in this matter.
Requests that he should receive consideration and be placed upon the
same footing as his predecessors. p. 14
he had made in his despatch No. 163, of 27 July, with respect to the
state of feeling in Upper Canada. Reports a riot between Irish
labourers and French Canadians on the River Trent. Gives an
account of the descent upon Cobourg of a party of United States
citizens headed by B. Lett. Four of this party were taken and will
be tried by court martial. B. Lett escaped. Shots have been
exchanged at Niagara. Explains the circumstances under which
the steamer St. Lawrence was fired upon by H.M.S. Montreal.
Declares that Durham's Report has had a pernicious effect in its
advocacy of responsible government. Claims that this advocacy is the
worst evil which has befallen Upper Canada. This will be clear in
his reply to an address from Hamilton. p. 21
Enclosures:
(1) Arthur to Capt. W. Sandom, Toronto, 21 August, 1839.
Points out that there does not appear to be sufficient ground for
having required the St. Lawrence to show her colours. Regards the
firing of balls rather than a blank cartridge, as serious. p. 33
(2) [Arthur] to H. S. Fox [H.M. Minister at Washington],
Toronto, 21 August, 1839. Reports the affair between the Montreal
and the St. Lawrence. p. 35
(3) Sandom to Arthur, Kingston, 10 August, 1839. Transmits
correspondence with Col. W. J. Worth, with respect to the St.
Lawrence, and insists on the necessity of a display of colours.     p. 38
Sub-enclosures:
(i) Colonel W. J. Worth [Commanding United States Army],
Sackett's Harbour, 5 August, 1839. Requests to be informed as to
whether Fowell's action has been sanctioned. p. 40
(ii) W. Melhinck [Deputy Marshall] to Worth, Ogdensburg,
4 August, 1839.    Reports occurrence. p. 41
(iii) Sandom to Worth, Kingston, 5 August, 1839. Regrets
affair and promises enquiry. p. 42
(iv) Sandom to Worth, 9 August, 1839. States that orders
were given to fire with blank cartridges, and points out the need
of displaying colours. p. 43
(v) Commander W. N. Fowell to Sandom, H.M.S. Niagara,
8 August, 1839.    Gives an explanation of the affair. p. 46 PUBLIC ARCHIVES
Q. 419, pt. 1
(vi) Worth to Sandom, Sackett's Harbour, 10 August, 1839.
Claims that Sandom has justified an outrage, and states that a guard
will be furnished to the St. Lawrence, with instructions to repell
or redress any insults offered. p. 49
(vii) Sandom to Arthur, Kingston, 12 August, 1839. Transmits
copy of Worth's letter and points out that the St. Lawrence is a new
vessel and that she was out of her course. p. 54
(4) T. C. Wheeler to H. Richardson, Whitby, 16 May, 1839.
Makes the statement that there is hope that the power of the family
compact will be broken, and hopes much from Durham's Report.
Personal affairs. p. 56
(5) Wheeler to H. L. Wheeler, Whitby, 26 May, 1839. Speaks
of the hope for the reform cause, due to Durham's Report. Personal
affairs. p. 60
Arthur to Normanby, private. Acknowledges private despatch
of 10 July, and transmits a Minute of Council with respect to the
prisoners who have been liberated in England. Requests that it be
complied with. p. 64
Enclosed:
Minute, 20 August, 1839. Prays that Normanby will write
a public despatch stating that the prisoners were released because
of legal difficulties, and not due to any doubt as to the justice of the
sentences imposed upon them. p. 66
Arthur to Normanby, No. 177. Acknowledges despatch No. 33,
of 21 April, and separate, of 3 May, and states that fees on warrants
for the Legislative Council, on the reduced scale have been paid by
nine members. Robert Neilson could not accept the nomination
since he resides outside the province. p. 70
Toronto27' Arthur to Normanby,  No.   178.    Reports that the prisoners
taken at Point Pelee had been arraigned. Two were admitted as
evidence, and one was too ill to be removed. The other five were
convicted. A legal difficulty having arisen with respect to the
interpretation of the Act, decision will have to await the return of
J. B. Robinson, Chief Justice. p. 71
Arthur to Normanby, No. 179. Transmits letter from Capt.
W. Sandom with respect to the shot fired at the St. Lawrence, and
without defending this action, insists on the improper conduct of the
master of that vessel. Sends also, copy of his reply to the address
from inhabitants of the Gore District, meeting at Hamilton, as had
been reported in his despatch No. 176, of 21 August. p. 75
Enclosed:
(1) Sandom to Arthur, Toronto, 27 August, 1839.
p. 83
(2) Address from Gore, Hamilton, 16 August, 1839.    Advocates
principles of the Durham Report. p. 87 Q. 419, pt. 1
REPORT FOR THE YEAR 1945
(3) Reply to Address, 24 August, 1839.    Gives his views with      1839
respect to  the disastrous  consequences  which would  attend  any
attempt to adopt responsible government. p. 94
Arthur to Normanby, No. 180.    Acknowledges despatch No. 22, |^tenm3ber 3»
of 7 April, and transmits for T. Phillips, R.A., documents relating
to N. Von Schoultz, who was executed at Kingston, in December,
1838.    Requests payment of the expense incurred for the certificate
of death. p. 104
Enclosed:
(1) Certificate of death.
p. 110
(2) Deposition of J. A. Macdonald as to the will of Von Schoultz,
29 June, 1839. p. 114
(3) Will of Von Schoultz, 7 December, 1839. p. 116
(4) Bill for documents required for T. Phillips. p. 123
Arthur to Normanby, No. 181. Acknowledges despatch No. 74, TOTontobe^6,
of 28 June, and transmits as directed copy of a letter obtained from
Donald Cameron, which had been addressed by Cameron to
Normanby. Replies to the objections raised therein to the course
which had been adopted towards the settlements of Eldon and
Thorah. p. 124
Enclosed:
(1) Cameron to Arthur, Thorah, August, 1839. States that
he has no copy of the letter written to Normanby, but reviews his
case. p. 130
Sub-enclosure:
Representation of the inhabitants of Thorah and Eldon, Thorah,
12 February, 1839. Claim that Cameron has been unfairly
treated. p. 134
(2) Report of the Select Committee on the petition of D.
Cameron, 12 April, 1836. The appendix consists of the following
documents: p. 139
(i) Address from Eldon and Thorah.
p. 144
(ii) T. Ridout [Surveyor General] to Cameron, York, 11 March,
1826. Transmits plans of Thorah and Eldon so that Cameron
can mark down the lots upon which he desires locations. p. 146
(iii) Petition of Kenneth Campbell and 140 others, praying for
consideration for Cameron, Thorold, 16 June, 1839. p. 147
(iv) Petition of the inhabitants of Lochiel and Lancaster,
praying that 1200 acres should be granted to Cameron as remuneration
for his services and that his followers should be located in Thorah
and Eldon. P- 150 PUBLIC ARCHIVES
Q. 419, pt. 1
(3) Minute of Council, 30 August, 1838. Recommends that
Cameron should be called upon to make specific complaints and to
declare the nature of the redress to which he considers himself
entitled. He should also explain the false affidavits which have been
filed and on which lots were issued. p. 153
(4) Minute of  Council,  4 July,   1839.
claim.
Dismisses  Cameron's
p. 155
Arthur to Normanby, No. 182. Acknowledges despatch No. 54,
of 3 June, and reports failure of the attempt to locate Martin Whisler.
Enquiries would be reinstituted if it could be ascertained at what
date Whisler received land. p. 157
Enclosed:
C. Baby [Clerk of Peace], Sandwich, 18 July, 1839. Reports
failure. p. 161
Arthur to Normanby, No. 183. Acknowledges despatch No. 84,
of 23 July, and transmits copy of the Gazette containing such extracts
of that despatch as it was deemed expedient to publish. This will
have a good effect on public opinion with respect to prisoners pardoned
in England. p. 163
Enclosed:
Gazette, 26 August, 1839.    Extracts. p. 166
Arthur to Normanby, No. 184. Points to the extent to which
smuggling is carried out, particularly in the Western District.
Discusses the trade between Upper Canada and the United States.
Urges, in particular, that the duty on tea should be considerably
reduced. p. 172
Arthur to Normanby, No. 185. Reports upon the claim of
William Morrison, heir to the late Capt. W. Morrison, for the residue
of land in virtue of military settlement. Reviews the case, and
regrets precedents for the admission of such a claim. Requests
directions as to whether Morrison should receive this land.     p. 188
Enclosed:
(1) Copies of Minutes of Council, respecting a grant to William
Morrison:
(i) 25 January, 1834.
(ii) 3 February, 1834.
(iii) 3 April, 1834.
p. 190
p. 190
p. 191
(2) Petition of William Morrison, Toronto, 28   March,  1835.
p. 193 Q. 419, pt. 1 REPORT FOR THE YEAR 1945 4!
(3) Minute of Council, 30 May, 1835. p. 196      1839
(4) Report of Council, as to precedents, 26 August, 1835. p. 199
(5) Petition of W. Morrison, 18 November, 1837. p. 201
(6) Minute of Council, 1 August, 1839.    Recommends reference
to British Government. p. 204
Arthur to Normanby, No. 186.    Transmits copy of a petition September n,
from the Bank of Upper Canada and the Commercial Bank of theToronto*
Midland District, praying to be allowed to import a copper currency.
Supports the prayer of this petition. p. 205
Enclosed:
Petition, Toronto, 4 September, 1839.
p. 208
Arthur to  Normanby,  No.   187. Transmits  copy  of  a  letter September n,
from Lieut. C. Rubidge, reporting the settlement of the emigrants
sent out from Colonel Wyndham's estate.    Urges that other landed
proprietors should be encouraged to send out similar parties,    p. 212
Enclosed:
Rubidge to -
-, Toronto, 26 July, 1839.
p. 223
Arthur to Normanby, No. 185.    Transmits documents dealing ToPontober 12
with the claim of Patrick McDonough, to arrears of pension from
the constabulary force in Ireland. p. 226
Enclosed:
(1) McDonough to Col.  C.  Chichester,  Chatham, 9 August,
1839. p. 232
(2) F. E. Knowles [Deputy Commissary General] to ,
Commissariat, Toronto, 26 August, 1839. Mentions certain subjects
upon which McDonough should give information to the authorities
in Dublin, if he wishes to receive his pension. p. 235
(3) Chichester to  , Chatham,  10 September,  1839.
Transmits a further letter from McDonough. p. 237
Sub-enclosures:
(i) McDonough    to    Chichester,     Chatham,    4    September,
1839. p. 238
(ii) Notice to McDonough that he has been placed on the pension
list, Clomnel, 17 October, 1828. p. 240
(iii) W. H. Pearse to McDonough, Clomnel, 23 February, 1828.
Promises to do all in his power to secure a good pension for him.   p. 241 50
1839.
September 14,
Toronto.
PUBLIC ARCHIVES
(iv) Certificates     showing     that     McDonough
Q. 419, pt.  1
is     serving,
p. 242
Arthur to Normanby, No. 189. Reports the circumstances
under which Rev. W. McKillican was sent from West Gwillimbury
to St. Thomas to replace the Presbyterian minister there, and was
granted a stipend of £57. This has been productive of loyalty in
that place. The arrangement was made for a year but requests
that it be sanctioned for the future. p. 243
Arthur to Normanby, No. 190. [Printed.] Transmits religious
returns received from the clerks of the peace, in accordance with a
requisition from the Assembly. Gives reasons for which these
returns cannot be considered as accurate. p. 249
Enclosed:
General  Numerical  Return  of  all  religious  bodies  in  Upper
Canada, 1839.    [Printed.] p. 249A
September 17, Arthur   to   H.   Labouchere   [Under   Secretary].    Recommends
joromo. Major R. J. Baron, R.E., as a suitable person to be appointed to the
boundary commission. p. 253
Enclosed:
Baron to Arthur, Toronto, 24 May, 1839.
p. 255
September 17, Arthur to Normanby, No. 191.    Reports upon the state of the
Toronto. province, and claims that while rumours and disturbances are mani
fested, crimes are isolatectinstances. The "Responsible Government"
cry creates much excitement. p. 260
September 21, Unsigned to Arthur, No. 10.    [Draft.]    Acknowledges despatches
Downing st.     Nog> 16Qj 172_i70j and a priVate despatch of 21 August, and points
out that Normanby's despatch No. 84, of 23 July, has given the
requisite  explanations  with  respect  to  the  prisoners  released  in
England. p. 31
September 23. Unsigned to Arthur, No. 12.    [Draft.]   Acknowledges despatch
[Coiomai Dept.] Nq 175> of 21 Augustj and directs that the Legislature should be
called upon to remedy the omission which was made last session
in providing for the sum which had been paid to Sir Francis Bond
Head. States that no additional allowance can be granted to
Arthur. p. 20
September 24, Arthur to Normanby, No. 192.    Refers to his despatch No. 178,
of 27 August, and explains that upon reflection he had decided to
to remove the indictment of the Point Pelee prisoners to the Court
of Queen's Bench. p. 272
To^ntoT"24, Arthur to Normanby, No.  193.    Transmits papers respecting
William Highland, under sentence of transportation for desertion, p. 275 . 419, pt. 1
Enclosed:
REPORT FOR THE YEAR 1945
W. H. Draper [Solicitor General] to Arthur, Toronto, 6 May,
1839. Transmits the proceedings of the court martial on Highland
and states that he sees no legal objection thereto. p. 279
Sub-enclosure:
Proceedings, 29 April, 1839.
Unsigned to J. B. Robinson [Chief Justice].
p. 280
[Draft.]     States September 30.
that a  despatch has been received from Arthur,  reporting legal     oma   ep
difficulty with respect to the Point Pelee prisoners.    Decision will
have to await Robinson's return to Upper Canada. p. 74
Unsigned to Arthur, No. 15.    [Draft.]    Acknowledges despatch October 2.
No. 174, of 21 August, and expresses satisfaction with the explanation[Colonial Dept-]
given therein, with respect to the number of signatures to petitions
in favour of Lount and Matthews.    The matter should be allowed
to drop. p. 8
Unsigned to Hon. C. P. Thomson [Governor General].    [Draft.] October 2,
Transmits copies of Arthur's despatch No. 179, of 27 August, and 0f DowningSt-
the reply which was returned thereto. p. 79
Enclosed:
Unsigned to Arthur, No. 14, Downing St., 2 October, 1838.
[Draft.] Acknowledges despatches Nos. 176 and 179, and expresses
satisfaction with Sandom's report as to the St. Lawrence Approves
of Arthur's conduct with respect to the meeting of the Gore District
and trusts that he will not enter into any controversy on the
subject. p. 80
Unsigned to Arthur, No. 17.    [Draft.]   Acknowledges despatch October 9.
No. 186, of 11 September, and refers to his despatch of 25 September,[Colomal Dept-]
with the letter from the Treasury giving grounds for a refusal to
permit the importation of a copper currency. p. 207
Unsigned to J. Backhouse [Under Secretary, Foreign Office]. October 10,
[Draft.] Transmits extracts of Arthur's despatches respecting theDowmng *'
St. Lawrence. ' p. 78
Unsigned to Arthur, No. 18.    [Draft.]   Acknowledges despatch October 11,
No. 190, of 14 September, and requests that means should be adopted  owrang
to supply  the  deficiencies  and to correct the errors found in it.
Directs that Arthur should undertake the work if the Assembly
should refuse to take steps to complete it.    The matter is to be brought
to the attention of that body. p. 251
Unsigned to J. Backhouse. [Draft.] Transmits copy of Arthur's g***^ t,
letter to Labouchere, of 17 September, with the application of Major1 oon ep '
R. J. Baron to be appointed to the boundary commission.        p. 257 52
PUBLIC ARCHIVES
^ 419, pt. 1
1839 Unsigned to Arthur, No. 21.    [Draft.]   Acknowledges despatch
October 13.      No.  189, of 13 September, and sanctions the arrangement under
[Colonial bept.] which Rev. W. McKillican was sent to St. Thomas for one year.
This expenditure cannot be continued beyond that period.       p. 246
October u. Unsigned to T. Phillips.    [Draft.]    Transmits copy of Arthur's
[Colonial Dept.] despatch,  No.   180,  of 3  September,   with documents  relating to
N. Von Schoultz.    Requests payment of the expense incurred,   p. 108
Octoberu^ t Unsigned to F.  Lane.    [Draft.]   Transmits, copy of Arthur's
despatch No. 182, of 9 September, reporting failure of the attempt
to locate M. Whisler. p. 160
October 14.
[Colonial DeptJ
Unsigned to Arthur, No. 22. [Draft.] States that his letter to
Labouchere, respecting Major Baron has been communicated
to Lord Palmerston. p. 258
S^nl^Det]        Unsigned   to   C.   P.   Thomson   [Governor   General].    [Draft.]
om     ep. Qj[veg kis view with respect to the question of responsible government, p. 264
October 17.
[Colonial Dept.]
Unsigned to A. Y. Spearman [Assistant Secretary to the
Treasury]. [Draft.] Transmits copy of Arthur's despatch No. 184,
of 10 September, respecting smuggling and the tea trade. p. 183
October is. Unsigned to Arthur, No. 25.    [Draft.]   Acknowledges despatch
[Colonial Dept.] No> 185j of 1Q septemker) and directs that the application of W.
Morrison should be refused. p. 188
October 19.
[Colonial Dept.]
Unsigned to Arthur, No. 26. [Draft.] Acknowledges despatch
No. 185, of 12 September, and states that the case of P. McDonough
has been referred to the Lord Lieutenant. p. 230
October 26. Unsigned to J. B. Robinson [Chief Justice].    [Draft.]   Transmits
[Colonial Dept.] CQpy of Arti^g despatch No. 192, of 24 September, with respect
to the Point Pelee prisoners. p. 274
October 26.
[Colonial Dept.
Unsigned to T. F. Elliot [Commissioner for Emigration].
[Draft.] Transmits copy of Arthur's despatch No. 187, of 11 September, and directs that publicity should be given to the prosperous
condition of emigrants from the Wyndham estates. p. 215
October 26. Unsigned   to   T.   Drummond.    [Draft.]   Transmits   copy   of
lColomalDeptlArthur's   despatch   No.    188,   of   12   September,   respecting   P.
McDonough, and requests that it should be laid before the Lord
Lieutenant of Ireland. p. 229
rcdomai3Deti        Unsigned to Attorney General.    [Draft.]   Transmits copy of
ep * Arthur's despatch No.   193, of 24 September, respecting William
Highland, and requests that this case be included in the joint report
on the prisoners to be transported.    [A similar letter was sent to the
Solicitor General.] p. 277
fSSddto"1, Elliot to J.  Stephen [Under Secretary].    Acknowledges letter
Scotland Yard, of 26 October, and reports steps taken to induce similar emigrations
and to give publicity to the prosperous condition of emigrants   p. 217 Q. 419, pt. 1
REPORT FOR THE YEAR 1945
53
Unsigned to Arthur, No. 38.    [Draft.]   States that Palmerston      1839
will take note of Baron's offer, but it is unlikely that he will be able November 2.
to avail himself of that officer's services. p. 259I0010"*1 DeDt-l
Unsigned to Arthur, No. 45.    [Draft.]   Acknowledges despatch November w.
No. 187, of 11 September, and transmits copy of Elliot's letter of[Colonial Dept>1
1 November.    [See above.] p. 221
Unsigned to Arthur, No. 48.    [Draft.]   States that the Ix>rdg^SSwiSt.]
Lieutenant of Ireland has recommended that the pension of  P.
McDonough should be paid from 5 April, 1831, the date at which
it was last issued in England. p. 231
Unsigned to Arthur, No. 66.    [Draft.]   Transmits copy of a      1840
letter from the Foreign Office, with respect to the St. Lawrence. February 14>
[Enclosure not at this place.] p. 82 [Colonial Dept.]
Series Q. Vol. 419, pt. 2.
LIEUT.-GOVERNOR SIR GEORGE ARTHUR, 1839
1839
Colonel James Fitzgibbon to Arthur.    Offers apologies for the^*^*2^
manner in which he left Upper Canada.    Transmits letters from London.
J. B. RobinsOn, Chief Justice, and Rt. Rev. J. Strachan; Bishop of
Toronto. p. 294
Enclosed:
(1) Robinson to Strachan, Brighton, 14 August, 1839. Praises
Fitzgibbon and states his conviction that Arthur holds a high opinion
of the services of that officer. p. 296
(2) Strachan to Fitzgibbon, 23 Sackville St., London, 16 August,
1839.    Transmits Robinson's letter,  and adds his own testimony.
p. 300
Arthur to Normanby,  confidential.    States objections to the Toronto?*M'
bill granting 5,000 acres of land to Colonel Fitzgibbon.   . p. 287
Arthur to Normanby, No. 194.    Acknowledges despatch No. 96, To^to?"24,
of 23 August, and states that the documents contained therein have
not altered his views with respect to the bill to grant land to
Fitzgibbon. p. 290
Arthur to Normanby, No. 195.    Stresses the necessity of receiving fgSfi"25,
information as to the views entertained with respect to the financial
difficulties  of Upper  Canada.    Discusses public  works,  especially
water communications with the ocean. p. 301
Enclosed:
Capt. George Phillpotts, R.E., to S. B. Harrison [Private
Secretary], Toronto, 12 September, 1839. Reports upon the Welland
Canal and as to the measures which should be adopted with respect
to it. p. 311 54
PUBLIC ARCHIVES
Q. 419, pt. 2
Sub-enclosures:
(i) Extract of a letter from J. C. Burckle [Oswego merchant]
to Phillpotts, Oswego, 2 June, 1839. Discusses trade and communications, p. 316
(ii) Extract of a letter from Benjamin Wright [civil engineer]
to Phillpotts, Scotts Ferry, Virginia, 2 July, 1839. Discusses trade
and communications. p. 321
(iii) Extract of a letter from Wright to Phillpotts, 2 July, 1839.
Deals with the same subject. p. 326
Arthur to Normanby, No. 196. Transmits addresses from
Guelph and vicinity with reference to Durham's Report, together
with the reply which he has returned to it. p. 328
Enclosed:
(1) Address from the inhabitants of Guelph, opposing responsible
government. p. 331
(2) Address from the Magistrates, Guelph, 16 September,
1839. p. 341
(3) Reply to Address, Toronto, 20 September, 1839.
.345
Arthur to Normanby, No. 197. Transmits copy of a Minute of
Council for the appointment of a stipendiary police magistrate and
of a small constabulary force for the protection of the Niagara
frontier. p. 347
Enclosed:
Minute, 24 September, 1839.
p. 351
September 27, Arthur to Normanby, No. 198.    Transmits copy of a correspond
ence with H. S. Fox, H. M. Minister at Washington, with respect to
the proposed convention for the surrender of fugitive criminals.
Disagrees with Fox, and urges that the convention should be entered
into without delay.    [Enclosures not at this place.] p. 354
September 27, Arthur   to   Normanby,   No.   199.    Acknowledges   circular   of
31 August,   announcing   the   appointment   of C.  P. Thomson, as
Governor   General.    Gives   assurance   of
officer.
co-operation   with   that
p. 358
Arthur to Normanby, confidential. Refers to his despatch
No. 191, of 17 September, and continues his report of disturbances
on the frontier. Discounts the suggestion of Russian interference.
Refers to the destruction of the Episcopal church at Chippewa, the
burning of Colonel Creighton's property and the trial of the Cobourg
conspirators. Discusses the excitement caused by responsible
government agitation. Accuses W. H. Merritt of being a secret but
influential member of, the patriot party, and transmits copy of a
letter, addressed by W. Woodruff to F. Hincks, which was intercepted  by  a  gentleman  of  Toronto.    Discusses  public  meetings Q. 419, pt. 2
REPORT FOR THE YEAR 1945
and the position of the Orange society. Hopes for approval of the
police force at Niagara and states that he intends to form a similar
body in the Western District. Declares his intention of taking legal
advice as to the project of John G. Parker, who was released in
England, to exchange his property with that of some Englishmen now
resident at Rochester. Union is little discussed but responsible
government has been taken up by persons who condemn the Durham
Report on other grounds, and who claim that they do not desire
to end the connection. p. 360
Enclosed:
(1) Correspondence respecting suspected Russian activities:
(i) Fox to Arthur, Washington, 30 August, 1839. p. 377
(ii) Report   of   Stewart   Derbishire,   secret   and   confidential,
New York, 20 July, 1839. p. 381
(iii) Arthur to Fox, Toronto, 27 September, 1839.
p. 403
(2) James Cummings to the Civil Secretary, Chippewa, 16 September, 1839. Transmits affidavits respecting the burning of the
church at Chippewa, by persons from the United States. p. 409
Sub-enclosures:
(i) Affidavit of John Ussher, Chippewa,  14 September,   1839.
p. 410
.   (ii) Affidavit of George Coventry, 14 September, 1839.      p. 412
(iii) Affidavit of James D. Slater, 14 September, 1839.       p. 413
(3) Extracts from the Cobourg Star giving an account of the
proceedings against those apprehended at Cobourg. p. 414
(4) H. Smith [Warden of the Provincial Penitentiary] to S. B.
Harrison [Civil Secretary], Provincial Penitentiary, 24 September,
1839. Transmits examination of the four prisoners recently received
from the Newcastle District [Cobourg]. p. 483
Sub-enclosures:
(i) Statement made by Samuel P. Hart. p. 484
(ii) Statement of William Baker. p. 494
(iii) Statement of Peter Wilkins. p. 495
(iv) Statement of Henry Wilson, 23 September, 1839. p. 498
(5) W. Woodruff, M.P.P., to Francis Hincks, [Editor of The
Examiner], St. David's 26 August, 1839. Discusses the attitude of
leading persons toward the responsible government movement.
W. H. Merritt and L. H. Lafontaine are mentioned in
particular. p. 501 56 PUBLIC ARCHIVES Q. 419, pt. 2
1839 (6) Article entitled   "Orangeism"   from   The   Patriot.    Gives
the views and resolutions of Orange societies with respect to responsible
government. p. 505
(7) Arthur to Colborne, Toronto, 21 September, 1839. Gives
reasons for which he feels that the existing militia force should be
augmented. p. 528
toKuaDeptJ        Unsigned to Arthur, No. 29.    [Draft.]   Acknowledges despatch
' No. 198, of 27 September, and states that the question of fugitive
criminals had engaged attention prior to the receipt of this despatch.
Palmerston will issue instructions to Fox. p. 357
tcSSi2Dept.]        Unsigned to Arthur,  No.  30.    [Draft.]   Acknowledges  confi-
 dential despatch of 27 September,  and expresses thanks for the
information with respect to the state of the province. Approves
of the police force. Requests to be informed as to whether any of the
prisoners released in England are residing within fifty miles of the
frontier. p. 374
{cofoSoept.] Unsigned to Arthur, No. 31. [Draft.], Acknowledges despatch
No. 194, of 24 September and a confidential despatch of the same
date, and states that the Act to grant land to Fitzgibbon will not be
confirmed. p. 293
KSi2DePt.] Unsigned to Arthur, No. 33. [Draft]. Acknowledges despatch
No. 197, of 27 September, and approves of the creation of the police
force for the Niagara frontier. p. 349
October 30. Unsigned to Arthur; No. 35.    [Draft.]   Acknowledges despatch
' No. 196, of 25 September, and approves of the firm and judicious
answer which he had returned to the address from Guelph.      p. 330
SbSDe t]        Unsigned   to   C.   P.   Thomson   [Governor   General].    [Draft.]
 Transmits copy of Arthur's despatch No. 195, of 25 September, and
states that great weight will be attached to recommendation with
respect to public works. p. 309
Komai3Dept.] Unsigned to J. Backhouse [Under Secretary, Foreign Office].
[Draft.] Transmits copy of Arthur's despatch, No. 198, of 27 September, with respect to the proposed convention for the surrender
of fugitive criminals. p. 356
Scolonw^&t.] Unsigned to D. Le Marchant [Secretary to the Board of Trade].
[Draft.] Transmits extract of a letter from C. J. Burckle, of Oswego,
relating to the trade of Upper Canada. [See Arthur to Normanby,
No. 195, of 25 September, 1839, above, p. 301.] p. 308
SloniarDept.] Unsigned to Arthur, No. 46. [Draft.] States that the Treasury
has consented to the admission of the cost of the police force on the
Niagara frontier. p. 350 Q. 420, pt. 1
REPORT FOR THE YEAR 1945
Series Q. Vol. 420, pt. 1
SIR GEORGE ARTHUR, 1839
[Marquis of Normanby, Secretary of State] to Arthur, No. 94. AJX2i1De t,
[Draft.]    Has received a memorial from J.  Y. Cozens,  Cornwall,     oma   ep*
30 May, 1839, irregularly sent to him.    Although not called upon to
decide, Cozens' case seems covered by Glenelg's despatch to Head,
No. 136 of 29 January, 1837, copy of which might be sent to the
memorialist. p. 210
Lord  John  Russell  [Secretary  of  State]  to  Arthur,   private. September 9.
[Draft.]    Acknowledges several important despatches.    These willlColoniaI DeptJ
not be answered as C. P. Thomson, the new Governor, is in possession
of the views of the Cabinet.   Arthur should get in touch with Thomson
who should shortly reach Lower Canada. p. 122
Russell to  Arthur,  No.   1.    [Draft.]    Transmits extract from September io.
Thomson's instructions.    [Enclosure not at this place.] p. 131[Colonial Pept']
[Russell] to Arthur, No. 2.    [Draft.]    Instructs him to commu- fcokniafDeS ]
nicate with Thomson on the latter's arrival in Lower Canada, and
to be prepared to proceed thither should Thomson request it.    p. 121
Arthur to Normanby, No. 200. Transmits copy of a letter §{**£14,
from A. MacDonell, the Sheriff of the Midland District, on the
removal of convicts to H.M.S. Buffalo, together with a summary
statement of the disposal of prisoners taken in the various attempts
to invade the province. Public opinion against a further extension
of mercy would encourage brigandage. The fullest information
being sent to Van Diemen's Land so that every possible indulgence
may be secured. p. 3
Enclosed:
(1) MacDonell to R. A. Tucker [Provincial Secretary], Kingston,
11 October, on the delivery of eighty-three prisoners on 27 September
to the officer commanding H.M.S. Buffalo at Quebec. Reports that
prisoners attributed their crimes to the representations of refugees
from Canada, but particularly to the persuasion of men of influence
in the United States. p. 8
(2) General memorandum on brigands concerned in the several
attempts to invade Upper Canada. p. 10
Arthur to Normanby, No. 201. Transmits copy of a message October 14,
I he sent to the Assembly on the payment of furniture for rooms in oron
I Government House, used for public receptions. As no notice has
been taken of this he prays that £1,000 may be abstracted from the
casual and territorial revenues before these are turned over to the
Assembly. Refers to Glenelg's despatch to Head, No. 234 of
4 October, 1837. P- 15
to PUBLIC ARCHIVES
Enclosed:
Arthur's message to the Assembly.
Q. 420, pt. 1
p. 23
Arthur to Russell, confidential. Reports further, following his
confidential despatch of 27 September, on the state of Upper Canada,
particularly in relation to "patriot" proceedings on the border.
Does not credit S. Derbishire's observations on Russian intrigue.
Transmits an abstract of revelations by S. P. Hart, who had edited
the newspaper Lewiston Telegraph in the Patriot interest. Comments
upon statements and rumours that implicate Gen. Winfield Scott and
Col. J. E. Wool of the United States army. Discusses the value
of the testimony contained in other documents which he encloses.
Lists the chief instigators of the Patriot movement, which seems to be
declining. A division of opinion exists on the question of responsible
government. Regrets the lack of a good police force. Since the
end of the legislative period he has visited almost all the settled
districts and talked freely with the people. The reform party is
reviving. Thinks it well that union was not proceeded with.
Tranquillity and energetic emigration from the mother country needed.
Trusts that they will be able to meet difficulties caused by the stoppage
in the United States' banks. Opposes dissolution of the present
Assembly. p. 24
Enclosed:
(1) Digest of statements by Samuel P. Hart and other convicts
recently tried at Cobourg for conspiracy, Penitentiary, 12 October,
1839. Describes an attempt on the Lieutenant-Governor's life by
J. H. Moon. Gives extensive information as to persons said to be
implicated in the Hunter movement. p. 43
(2) Sidney Jones to Arthur, Brockville, 3 October, 1839, reporting
a statement of Judge Aides, of St. Albans, Vermont, to the effect
that Col. J. E. Wool of the U.S. army had in his presence expressed
willingness to lead the patriot forces in invasion of Canada.       p. 79
(3) Statement by Lt.-Col. D. Bethune on preparations within
the United States for invasion of Canada. p. 81
(4) Statement by Lt. J. T. W. Jones. Received most information from Col. J. Bankhead, commanding U.S. troops at Buffalo.
Believes that American invasion will wait for an Upper Canadian
rising. Meantime arms being sent in. Bankhead requests continued
exchange of all available information. \    p. 88
(5) Copy of printed circular dated Safety Committee Room,
18 August, 1839, representing the British Government as tired of the
expense of defending Canada. It had recalled Colborne and was
about to recall Arthur. Plans to make Canada a "second Texas".
Signed by J. L. Quinn, Chairman. p. 92
(6) Capt. W. Sandom, R.N., to Arthur, Kingston, 11 October.
Encloses circular on a meeting to be held in Ogdensburg. Has
recommended that the Brockville do not call at Ogdensburg this
evening. p. 106 . 420, pt. 1
Sub-enclosure:
REPORT FOR THE YEAR 1945
Notice of meeting of naturalized citizens to be held on
11 October. p. 109
(7) S. Derbishire to S. B. Harrison [Private Secretary], Government Office, Toronto, New York, 8 October, confidential. Reporting
on his sources of information, evidence of Russian intrigue, and on
recent startling report of arms movement toward Canada.    "   p. 110
Arthur  to   Stephen.    Reports  that  although  the  mail  from October 15,
the   Liverpool   has   reached   Toronto   no   despatches   have   beenToronto'
received. p. 117
of 3 September announcing his assumption of office.
p. 124
Arthur to Russell, No. 202.    Acknowledges despatch No. 2 of§£TO|*£18'
11 September.    Will proceed to Lower Canada on C. P. Thomson's
arrival, but can hardly tell him more than he has already told in
despatches.    Anxiously   awaits   a   decision   on   reserved   money
bills. p. 119
Arthur to Russell, No. 203. Acknowledges duplicate despatch !°^J*£ 18>
No. 1 of 10 September. He will cheerfully yield the Government
House to Thomson on his arrival, and give him all possible information and support. Adds at the same time that by temporarily
relinquishing the Government he may be limited in his ability to
help. Deals with his twenty-five years of colonial service, stressing
his freedom from party entanglements either in the colony or at
home. Hopes his reputation and power in Upper Canada may not
be weakened. p. 126
Executive  Council  minute  explaining why  premature  dissolution
is undesirable. p. 132
Enclosed:
Executive Council Minute of 17 October.    [Printed.]
p. 132
Arthur to  Russell,  No.   205.    Requests  blank  copies  of  the§g**«2
Blue Book. p. 136
Arthur to Russell, confidential. [Draft.] Transmits copy of a October 2
letter from Gen. W. Scott and of a statement by Lt. J. T. W. Jones.
Now that Scott is suspected of having a good understanding with
the "patriots" it is to be expected that he will guard the frontier
effectively. The Caroline is now known to have been hired by the
patriots. p. 137
Enclosed:
(1) Scott to Col. James Bankhead, Commanding U.S. Army on
the Niagara frontier, Headquarters, Eastern Division, Elizabethtown,
N.J., 16 October. Replies to letter of 10 October, giving assurance
of his abhorrence of all violations of neutrality. p. 142 —1
PUBLIC ARCHIVES
Q. 420, pt. 1
1839 (2) Statement by Lt. J. T. W. Jones, giving information on the
destruction of the Caroline received from Bankhead. p. 145
members, Arthur to Russell, No. 206.    Reviews the attempts of Capt.
J. LeBreton to secure redress for the diversion of water from his
property above the Chaudiere Falls on the Ottawa. Transmits
copies of relevant documents. p. 150
Enclosed:
(1) Report, 27 September, 1839, by W. Allan and R. A. Tucker
[Executive Councillors], on the breakdown of the arbitration of the
claims of LeBreton. Express the opinion that the Government is
still bound to arbitrate, although they regard arbitration in such
case as bad policy. p. 168
(2) Report, 27 September, 1839, by R. B. Sullivan, on the
LeBreton claim to arbitration. Regards the Government as absolved
from its obligation to arbitrate, giving reasons. p. 175
(3) H. J. Boulton [Attorney General] to Col. W. Rowan, 2 March,
1833.    [Not transcribed.    See Q. 385.] p. 180
(4) Rowan to LeBreton, Toronto, 4 September, 1835. Refers
to despatch of 20 October, 1832, stating that his case may be submitted
to arbitration. p. 181
(5) Rowan to LeBreton, Toronto, 12 December, 1835, stating
that Lt.-Col. J. R. Wright, R.E., had been appointed arbitrator to
investigate his claims. p. 183
(6) Wright to John Joseph [Civil Secretary], Kingston, 11 May,
1836. Is convinced that despite the opinion of the Law Officers of
Upper Canada, there is no basis for LeBreton's claim for damages
and asks to be excused from arbitrating. p. 184
(7) LeBreton to Joseph, Britannia, Ottawa River, 27 September,
1836, requesting that Wright be replaced as arbitrator because he is
prejudiced. p. 190
(8) Joseph to LeBreton, Toronto, 20 January, 1837. Denies
the imputation of prejudice on the part of Wright. This forces the
Lieutenant-Governor to relieve Wright and to refer LeBreton for
compensation to the laws of the country. p. 192
(9) Colborne to Arthur, Montreal, 2 July, 1839, transmitting
a memorial from LeBreton. LeBreton has frequently been informed
that he must refer his case to arbitration in Upper Canada as directed
years ago by the then Secretary of State. p. 194
(10) Report by William H. Draper [Solicitor General], Toronto,
17 October, 1839. Reviews the history of the LeBreton case.
Believes that LeBreton has no claim for damages, nor any right to
demand arbitration. p. 195 Q. 420, pt. 1
REPORT FOR THE YEAR 1945
Arthur to Russell, No. 207.    Acknowledges circular despatch on      1839
4 July on the appointment of customs officers.    The rules governing November 8,
such appointments in other colonies do not apply in Upper CanadaToronto-
on account of the provincial statute, 4 Geo. IV, cap. 11.    Explains
how these are appointed and paid.   At present there are thirty-four.
Believes that this Act might be beneficially revised. p. 205
Arthur to Russell, No. 208.    Acknowledges despatch No. 94 of November 9,
14 August, on the memorial of J. Y. Cozens for land on the Grand
River formerly in the possession of Indians.   As answer Cozens
has been sent a copy of Glenelg's despatch No. 136, of 29 January,
1837. p. 208
Arthur to Russell, No. 209.    Acknowledges Normanby's separate November 9,
despatch   of  20  April   announcing  the  appointment   of   RichardToronto-
Alexander Tucker as an Executive Councillor and enclosing the
Royal Warrant.    Transmits to G. L. Wilder [senior clerk] a draft
for the amount of the fee. p. 211
Arthur to Russell, No. 210.    Transmits copy of an agreement November 9,
for chartering the Daniel Webster for use on Lake Erie until 1 AprilToronto'
next. p. 213
Enclosed:
Agreement between Lt. G. A. Leary, R.N., Niagara, and John
R. Lee of Buffalo for the use of the Daniel Webster in H.M.
service. p. 216
[Russell] to Arthur, No. 42.    [Draft.]   Acknowledges despatch gXS^eitj
No.   200,   of   14   October.    Expresses   satisfaction   with   Arthur's
humanity. p. 7
[Russell] to Arthur, No. 43.    [Draft.]   Acknowledges despatchgJSSSoiSt.]
of 15 October.    Believes the despatches went first to Montreal, in
consequence of Arthur's despatch No. 120, of 20 May. p. 118
[Russell] to Arthur, No. 44.    [Draft.]   Acknowledges confiden- gXfcept.]
tial despatch of 15 October.    Relies on his zeal and devotion,    p. 42
Russell  to   Thomson,   No.   41.    [Draft.]    Transmits   copy   of gXiS^rSt.]
Arthur's despatch No. 201, of 14 October, and asks for Thomson's
opinion on it. • p. 19
[Russell] to Arthur, No. 51. [Draft.] Acknowledges despatch December 7,
No. 206 of 8 November. Explains why he does not think LeBreton streetTg
entitled to demand arbitration. Holds there is no proof that Lt.-Col.
J. R. Wright was prejudiced. In referring his case to the courts of
Upper Canada the question of whether he has any legal claim must
be raised prior to any attempt to decide what damage he has
suffered. p. 161
Unsigned to A. Y. Spearman, [Assistant Secretary, Treasury]. gXSaiDept.}
[Draft.]   Transmits copies of a circular despatch to colonial governors
of 10 July and of Arthur's reply No. 207, of 8 November.    [Enclosure
not at this place.] p. 207 1
62
PUBLIC ARCHIVES
Q. 420, pt. 1
1839 Unsigned to Spearman.    [Draft.]   Transmits copy of Arthur's
December 13.   despatch No. 210 of 9 November, with its enclosure.    [For enclosure
[Colonial Dept.] gee above.] p. 215
Bow^J^st.7, Russell to Arthur, No. 54.    [Printed.]   Acknowledges despatches
Nos.   204   and   214,   of   22   October   and   11   November  respectively, p. 134 (a)
I >ept]        Unsigned to.  J. Backhouse [Under Secretary, Foreign Office.]
'[Draft.]   Transmits   copy   of   Arthur's   confidential   despatch   of
22 October with its enclosures.    [For enclosure see above.]       p. 141
1840 [Russell] to Arthur, No. 80.    [Draft.]    Acknowledges despatch
May 19. No.   201   of   14   October.    His   proposal   has   been   referred   to
[Colonial Dept.] Thomson. p. 21
Series Q. Vol. 420 pt. 2
SIR GEORGE ARTHUR, 1839
Joint address to the Queen.    [Not transcribed.    See enclosure
in despatch No. 102, Q. 416.] p 418
Address of the Legislative Council to the Queen.    [Not transcribed.    See enclosure in despatch No. 102, Q. 416.] p. 420
Address of the Assembly to the Queen.    [Not transcribed.    See
enclosure in despatch No. 102, Q. 416.] p. 422
Report of the Select Committee on the state of the province.
[Not transcribed.    See Q. 416.] p. 424
Joint address to the Queen.    [Not transcribed.    See enclosure
in despatch No. 102, Q. 416.] p. 417
Joint address to the Queen.    [Not transcribed.    See enclosure
in despatch No. 102, Q. 416.] p. 419
Address  of  the  Assembly  to  the  Queen.    [Not  transcribed.
See enclosure in despatch No. 102, Q. 416.] p. 421
Arthur to Normanby, No. 102.    Transmits six addresses from
the Legislature.    [Enclosures not at this place.] p. 405
Address of the Assembly to the Queen.    [Not transcribed.    See
Q. 416.] p. 423
June 27.
[Colonial Dept.]
[Marquis of Normanby, Secretary of State] to Arthur, No.
[Draft.]    [Not transcribed.    See Q. 416.]
p. 409
fcofomkiDet]        [Normanby]  to  Arthur,   No.   70.    [Draft.]    [Not  transcribed,
ep . gee ^ 41&.] p. 410 Q. 420, pt. 2 REPORT FOR THE YEAR 1945 63
[Normanby]   to  Arthur,   No.   71.    [Draft.]    [Not  transcribed.      1839
See Q. 416.] p. 411 June27.
[Colonial Dept.]
[Normanby]  to  Arthur,   No.   72.    [Draft.]    [Not  transcribed. fcP®
See Q. 416.] p. 412
[Colonial Dept.]
[Normanby] to  Arthur,   No.   73.    [Draft.]    [Not  transcribed.^?27/,^      '
o      A    At a 1 Air, [Colonial Dept.]
See Q. 416.] p. 413
[Normanby] to  Arthur,  separate.    [Draft.]    [Not transcribed. jD™ 30.«, ~ ,,
See Q. 416.] p.414l Pl
[Normanby]  to  Arthur,  separate.    [Draft.]    [Not transcribed.*^
See Q. 416.] p   ^ [Colonial Dept.]
Unsigned to J. Backhouse [Under Secretary, Foreign Office] and S0^ki De t ]
Sir John Barrow [Second Secretary, Admiralty].    [Draft.]    Transmits      ma
joint address praying some mark of royal favour for Capt. A. Drew,
R.N., and the draft of Normanby's proposed reply.   [Enclosures not
at this place.] p. 408
[Normanby]  to  Arthur,   No.   93.    [Draft.]    [Not  transcribed. £w»*».
See Q. 416.] p.4161^^^*1
[Russell] to    Arthur,    No.    4.    [Draft.]    Refers    to    Glenelg's ffeJZ5eiwi
despatch No. 150, of 16 October, 1838, on the claim of Rev. R. J. C.
Taylor to arrears of salary as grammar school master at Peterborough.
Asks that he be notified of the Legislature's decision and that Taylor
should also be informed. p. 244
[Russell]  to  Arthur,   No.   7.    [Draft.]    Transmits  copy  of  a^ggSe5jJfc]
Treasury letter of 19 August, and states that it would be advisable
to proceed with barrack construction at Toronto unless there are
strong reasons to the contrary. p. 324
[Russell] to Arthur, No. 11.    Asks on behalf of the Treasury, ^£SSei&.]
whether the cost of conveying Arthur and his staff on H.M.S.
Experiment and Traveller should be borne by the public. p. 346
[Russell] to Arthur, No. 19.    [Draft.]    Transmits extract of a g^1^
letter requesting information about Henry Scott Montague Murray
who settled four years ago near Ancaster.    [Enclosure not at this
place.] p. 333
[Russell]  to Arthur.    [Draft.]    States that the  Treasury willg^Si^j
defer payments for the use of H.M.S. Experiment and Traveller until
information has been received as to whether these charges should be
defrayed from British or colonial funds. p. 347
despatch No. 67, of 26 June, that the question of the repaying into
the Military Chest of advances for providing for prisoners has been
referred to the Legislature. p. 220 —1
PUBLIC ARCHIVES
Q. 420, pt. 2
Arthur to Russell, No. 212. Transmits copy of a report from
R. B. Sullivan, Commissioner of Crown Lands, which was prepared
in order to anticipate expected complaints, as to the disposal of
lands. p. 223
Enclosed:
Sullivan to John Macaulay [Civil Secretary], Crown Lands Office,
21 May, 1839. Explains the basis of the disposal of Crown lands,
noting the joint effects of the regulations and the recent disturbances,
which stopped immigration and increased emigration. Discusses
the evils of land speculation. Makes recommendations for their
avoidance, asking that these be incorporated in an order-in
council. p. 225
Arthur to Russell, No. 213. Explains, in acknowledging despatch
No. 4 of 13 September, why there was delay in referring the memorial
of Rev. R. J. C. Taylor to the Legislature. p. 242
Arthur to Russell, No. 214. Gives reasons for thinking that he
himself should have been allowed to present the union proposals
to the Legislature. In spite of extreme embarrassment he will give
all possible aid to bringing union to a favourable conclusion.     p. 245
Enclosed:
Arthur to Thomson, confidential, Toronto, 9 November. Reports
that Thomson's commission has been recorded, and the Legislature
has been convened for 3 December. Gives information respecting
political parties. Explains the attitudes he has taken to responsible
government and the union of the two Canadas, and the instructions
which he has tried to follow. p. 250
Arthur to Russell, No. 215. States that he will conform to
Russell's desire as expressed in despatch No. 15, of 2 October, and
refrain from bringing the question of the number of petitioners for
S. Lount and P. Matthews before the Legislature. Durham's figure
was 30,000. The actual number might be between six and seven
thousand. p. 271
Arthur to Russell, No. 216. Transmits printed copy of the
journals of Assembly from 27 February to 11 May. [Enclosure not
at this place.] p. 273
Arthur to Russell, No. 217. Acknowledges despatch No. 8 of
20 September, enclosing copy of a despatch to H. M. Minister at
Washington, H. S. Fox, on the seizure of the American schooner
G. S. Weeks by customs officers at Brockville. Transmits copy of a
correspondence with Gen. W. Scott. Believes that the patriot cause
has lost its popularity and that the border will be tranquil. R. Van
Rensselaer, S. Chase, and others are now undergoing punishment.
Has suggested to the Commander of the Forces that a gradual reduction of the provincial force may now be safely effected. p. 274 . 420, pt. 2
Enclosed:
REPORT FOR THE YEAR 1945
(1) Scott to Arthur, Buffalo, 9 November, acknowledging
letter of 22 October, and reporting that in an extended tour of frontier
posts he has not been made aware of any patriot association on
foot. p. 279
(2) Arthur to Scott, Toronto, 22 October, stating that he has
great hopes of the beneficial results of frequent promulgation of
Scott's sentiments. p. 282
Arthur to Russell, No. 218.    Transmits, with further reference November w,
to his previous despatch No. 206, of 8 November, copy of a letterToronto'
from Capt. J. LeBreton and its enclosed memorial. p. 284
Enclosed:
John LeBreton to Richard A. Tucker [Provincial Secretary],
Britannia, 15 October, enclosing memorial for the Secretary of
State. p. 286
Sub-enclosure:
Memorial, Nepean, 15 October, 1839, reciting the history of
his grievance in regard to diversion of water from along his land
on the Ottawa, and praying for compensation. Encloses relevant
documents. p. 287
Enclosed in sub-enclosure:
(a) Col. W. Rowan to LeBreton, Toronto, 4 September, 1835.
[Not transcribed. See enclosure in Arthur to Russell, No. 206,
Q. 420, pt. L] p. 294
(b) LeBreton to J. Joseph [Civil Secretary], 27 September, 1836.
[Not transcribed.    See ibid.] p., 295
(c) Joseph to LeBreton, 20 January,  1837.
See ibid.]
[Not transcribed,
p. 296
(d) LeBreton to Joseph, Britannia, 3 February, 1837, complaining of the ten years' delay in the settlement of his case, and praying
reconsideration. p. 297
First enclosure in above: Rowan to LeBreton, Toronto, 12 December, 1835, stating that Lt.-Col. J. R. Wright has been requested to
arbitrate this claim. p. 301
Second enclosure in above: Capt. Daniel Bolton to LeBreton,
Royal Engineers Office, Rideau Canal, 28 December, 1835, asking
the name of LeBreton's arbitrator. p. 302
Third enclosure in above: Wright to LeBreton, Kingston,
2 January, 1836, stating when he can leave for Bytown. p. 303
37759—5 PUBLIC ARCHIVES
Q. 420, pt. 2
1839 (e) Joseph   to   LeBreton,    15   February,    1837,   stating   that
LeBreton's objection to Wright as arbitrator makes it impossible
for the Lieutenant-Governor either to request Wright's further
service or to appoint a successor. Thinks it inefficient to arbitrate
on such matters, as they should be referred to the court. As LeBreton
has objected to Wright, the report has been cancelled. p. 304
(f) LeBreton to Joseph, Britannia, 13 March, 1837, claiming
that there exists no court in the province to try his case. p. 307
(g) LeBreton to Rowan, Quebec, 11 July, 1837, asking what the
Governor had in mind in sending Wright to examine into his
case. p. 311
(h) Rowan to LeBreton, Quebec, 12 July, 1837, answering the
above. p. 313
(i) LeBreton to Joseph, Britannia, 26 August, 1837, asking
for certain reports and whether the Lt.-Gov. authorized another to
build a mill on the water diverted from his property. p. 315
(j) Joseph to LeBreton, 27 September, 1837, asking that further
correspondence be conducted with the Attorney General. p. 317
(k) LeBreton to C. A. Hagerman [Attorney General], Britannia, ,
6 October, 1837, asking what member of the Government he is to sue,
as he has now been told that he has recourse only to the courts,    p. 318
(1) Opinion of the Attorney General, 30 January, 1836, tendered
to Wright. p. 320
(m) Rowan to [LeBreton], Montreal, 10 May, 1838, stating
that his case will doubtless have the Lieutenant-Governor's immediate
consideration. p. 323
November 16, Arthur to Russell, No. 219.    Acknowledges despatch No. 7, of
16 September and states that as tenders for barrack construction
at Toronto had been called for before receipt of this despatch, the
work will now proceed. p. 323
November 16, Arthur to Russell,  confidential.    Corrects a statement in his
previous confidential despatch of 15 October. It now appears that
only $30,000 will be expended by the United States Government
on Niagara fortifications, instead of $300,000 as had been reported.
-Transmits two communications from Capt. C. MacKenzie,
R.E. p. 326
Enclosed:
(1) MacKenzie to Lt.-Col. W. C. Ward, R.E., Niagara, 23
October, 1839, stating that the defence works of the United States
on the Niagara frontier can probably be completed for thirty thousand
dollars. p. 329
(2) MacKenzie to Ward, Niagara, 11 November, 1839, stating
that the American project can be well executed for thirty thousand
dollars. p. 331 Q. 420, pt. 2
REPORT FOR THE YEAR 1945
Arthur to Russell, No.  220.    Acknowledges despatch No.  19,      1839
of 11 October.    Transmits copies of letters from two men acquainted November is,
with W. S. M. Murray about whom information was requested,  p. 332 Toronto.
Enclosed:
(1) A. MacDonell [Sheriff of the Midland District] to S. B.
Harrison [Private Secretary], Kingston, 15 November, 1839, giving
information about Murray who resides Ancaster. p. 334
(2) William Craigie to Harrison, Ancaster, 13 November,
relating Murray's financial embarrassments, and the effect of these
upon his mind. p. 338
Arthur to Russell,  No.  221.    Acknowledges despatch No.  llNorotto^er19'
of  22  September.    Explains  the  purposes  of  his  use  of H.M.S.
Experiment and   subsequently   of   H.M.S.   Traveller.    Stresses   the
importance of the Governor's visiting various districts away from
Toronto. p. 341
Arthur to Russell, No.  222.    Acknowledges circular despatch November 20,
of 5 September, with regard to the designation of issues from the
Military Chest. p. 349
Arthur   to   Russell.    Acknowledges   various   despatches   dated November 21,
between 13 June and 14 October.
p. 402
Arthur  to   Russell,   No.   223.    Describes  the  findings
committee of the Council on the financial status of King's College
University, and the removal of the Bursar, Joseph Wells. p. 351
Arthur to Russell, No. 224. Announces Thomson's assumption*
of the Government. Arthur will, at Thomson's request, continue to
conduct the routine business. Transmits documents with reference
to the commission of enquiry into the state of the various departments
of the provincial government. Too much proof already is given of
great defects in the system. p. 353
Enclosed:
(1) Address of Assembly, 9 May, 1839, calling for the appointment of a commission of enquiry, following the previous enquiry into
the offices of provincial and private secretaries. p. 356
of    the November 21,
Toronto.
(2) Reply to above address.
(3) Commission, 21 October, 1839.
p. 358
p. 359
(4) Arthur to R. B. Sullivan, 22 October, 1839, calling for the
first meeting of the commission on 25 October, and urging despatch.
p. 365
(5) Minute setting forth the personnel of various committees
of the above commission with the province of each. These were
to examine the following offices: inspector general, receiver general,
executive council, Indian affairs, education, sheriffs with clerks of
the Crown, courts of request, militia. p. 367
37759—5£
mm PUBLIC ARCHIVES
Q. 420, pt. 2
1839 Arthur  to   Russell.    Acknowledges  various   despatches   dated
December 7,    between 16 October and 30 October.    Is unaware whether Thomson
Toronto. }1BiS answered despatches received since he assumed the government
of the province. p. 404
SobmaMDeit] Unsigned to A. Y. Spearman [Assistant Secretary, Treasury].
[Draft.] Transmits copy of Arthur's despatch, No. 211 of 11
November.    [For enclosure see above.] p. 222
[Russell] to Arthur, No. 54.    [Draft.]    [Not transcribed.]   p. 249
December 17.
(Colonial Dept.]
SobSaTDept]        [Russell] to Arthur, No. 56.    [Draft.]    Acknowledges despatch
' No. 218 of 16 November, and refers him to his previous despatch No.
51 of 7 December. p. 285
SSKept.]        Unsigned to A. Y. Spearman.    [Draft.]
' Arthur's despatch No. 219, of 16 November,
above.]
Transmits   copy   of
[For enclosure  see
p. 325
1840 Unsigned   to   Arthur.    [Draft.]    Transmits   copy   of   Arthur's
January 6.       despatch No. 221, of 19 November.    Russell is of opinion that the
[Colonial Dept.] cost 0f Arthur's trips by H.M.S. Experiment and Traveller should be
borne by the public.    [For enclosure see above.] p. 348
[ttoomafbept.] Unsigned to J. Backhouse [Under Secretary, Foreign Office].
[Draft.] Transmits copy of Arthur's despatch No. 217, of 15 November on the state of the American frontier. [For enclosure see
above.] p. 277
foofaKdbe t]        [Russell] to Backhouse
' confidential despatch of.J.6 November, 1839
[Draft.]    Transmits copy of Arthur's
p. 328
[Coiomai'De t]        Unsigned to Spearman.    [Draft.]    Transmits extract of Arthur's I
despatch No. 217, of 15 November, reporting his suggestion to the I
Commander of the Forces that provincial forces in Upper Canada i
be now gradually reduced.    [For this despatch see above.]       p. 278 I
Series Q. Vol. 421
1839
SIR GEORGE ARTHUR, 1839
fcSoniai'Dept.]        [Normanby]   to   Arthur,   confidential.    [Draft.]    Recalls   that
' Arthur had promised further information in regard to the taking
of prisoners at Sandwich, near Windsor.    Asks for a report at an
early date. p. 6
Arthur to Normanby, No. 146. Continues his report, begun
in despatch No. 66 of 30 March, on the legal actions arising out of the
summary execution by Col. J. Prince of certain prisoners, and the
subsequent publication of a paper entitled "Battle of Windsor".
Gives his reasons for refusing the petition of the authors of this paper
that   a  further  investigation   be  undertaken.    Transmits   sundry Q. 421
REPORT FOR THE YEAR 1945
documents relating to these proceedings. Deals with the opinion
of the provincial law officers of the Crown and the decisions of the
Executive Council. p. 2
Enclosed:
(1) Schedule of twenty-six enclosures.
10
(2) Charles A. Hagerman [Attorney General] and William H.
Draper [Solicitor General] to John Macaulay [Inspector General],
Toronto, 23 May, 1839, acknowledging letter of 27 April asking their
opinion on the criminality of the act of Col. Prince. They describe
the circumstances of the act and give their opinion that there is no
basis in law for action against Prince in any of the regular courts
of the province. p. 12
(3) Minute of Council, 20 June, 1839, on the petition of William
Elliott and others complaining of a militia general order, and praying
for a further enquiry into the subject matter of a paper entitled
"Battle of Windsor". Describes the anxiety of the Government
that any action against brigandage should appear as purely defensive,
not retaliatory or extra-legal. Also anxious that any seeming
temporary defection therefrom should not be publicized. Deeply
deprecates the action of Elliott and his associates in attempting
to expose the action of Col. Prince. Provincial law officers of
the Crown having given their opinion that no legal proceedings
can be instituted against Prince, they cannot advise any further
action in the matter. Not called upon to discuss Prince's valour,
assiduity or sagacity, but only the execution of prisoners. Points to
Elliott's inconsistency but acknowledges his devotion to the Crown.
The Council thinks that Prince's conduct should receive the most
favourable consideration, although it should not become a precedent.
The publication of this paper has tended to split the loyalists. Its
publication in Detroit must have given support to insurgency,    p. 16
(4) Petition of William Elliott and ten others praying for the
rescinding of the militia general order of 20 March, 1839, which was
based on the decision of the court of enquiry on the execution of
prisoners by Col. Prince and the subsequent publications of the
"Battle of Windsor". They argue the biassed conduct of that court
and pray for a further investigation. Stress the petitioners' loyalty
to the Crown. flBip! P- ^5
(5) Affidavit of Benjamin Cheeseman of Sandwich. p. 51
(6) Affidavit of Robert Mercer of Windsor. p. 55
(7) Affidavit of John Goure Watson of Windsor. p. 64
(8) Affidavit of Thomas Jones, township of Sandwich. p. 76
(9) Affidavit of Charles Eliot of Petite C6te. p. 80
(10) Affidavit of William Elliott of Sandwich. p. 90 1
70
PUBLIC ARCHIVES Q. 421
(11) Affidavit of James Dougall of Windsor, containing a copy
of a letter from Lt. Col. Richard Airey, 34th Regt., later president of
the court of enquiry, to Robert Mercer and others, Amherstburg,
30 November, 1838. p. 94
(12) Affidavits of John Cowan of Sandwich. pp. 113, 206
(13) Affidavit of Francois Baby of Windsor. p. 143
(14) Affidavit of Charles Baby of Sandwich, containing copy
of an appeal to the president of the court of enquiry, Lt.-Col. Robert
Airey, in regard to testimony relating to subsequent prisoners,    p. 153
(15) Affidavit of George Tyas of Windsor.
p. 170
(16) Affidavits of Charles E. Anderson of Sandwich.       pp. 172,
180, 207
(17) Affidavit of William Robert Wood of Sandwich.        p. 182
(18) Affidavit of Jean Baptiste St. Louis of the township of
Sandwich.' p. 199
(19) Affidavit of William Johnson of Windsor.
203
(20) Letter from Col. J. Prince, Headquarters, Sandwich,
19 December, 1838. [Not transcribed. See enclosure in Arthur to
Normanby, confidential, 8 May, 1839, in Q. 416.] p. 208
(21) Capt. F. Halkett [Assistant Military Secretary] to Airey,
Toronto, February, 1839, acknowledges Airey's letter of 19 January
enclosing a printed paper describing the affair at Windsor. He has
also received a letter from residents of Windsor and Sandwich pledging
the accuracy of that narrative. Orders Airey to institute a court
of enquiry in justice to Col. Prince. p. 209
(22) Airey to Elliott and others, Maiden, 15 February, stating
that in justice to Prince their claim to be able to substantiate the
essential points in the paper entitled "Battle of Windsor", must be
investigated. The Lt.-Gov. having directed a court of enquiry to
be instituted, they are asked to meet him at Sandwich on
18 February. p.   212
(23) Proceedings of a court of enquiry held by order of the
Lt.-Gov. for the purpose of reporting upon the statements in a paper
entitled "Battle of Windsor" relative to the treatment by Prince of
certain brigand prisoners captured at Windsor on 4 December, 1838,
Lt.-Col. Richard Airey, president. p. 213
(24) "Battle of Windsor"
p. 308
(25) Airey to Halkett, Maiden, 14 March, 1839, together with
a "Report and Opinion" of the same date [Not transcribed. See
enclosure in despatch No. 66 in Q. 414.] p. 335 Q. 421
REPORT FOR THE YEAR 1945
(26) R. A. Tucker [Provincial Secretary] to James Eliot, Toronto,       1839
21 June, 1839, on the petition of William Elliott and others which
James Eliot has presented to the Lieut.-Gov.    Distinguishes between
the charges of inhuman cruelty on the part of Prince in ordering the
summary execution of prisoners, and other charges, and deals only
with the first. Exonerates the court of enquiry from the charges
made in the petition, reiterates the legality of the executions ordered
by Prince and condemns the injudicious and mischievous publication
of the • 'Battle of Windsor", which seems to have been motivated
by personal feelings. Refuses to rescind the militia general order or
to direct any further investigation. Believes the petitioners to be
loyal. p. 336
(27) Notes by Airey on the statements contained in the petition
of William Elliott and others to the Lieut.-Gov. relative to a report
by a court of enquiry held on the treatment, by order of Col. J. Prince,
of certain brigand prisoners captured at Windsor, . 4 December,
1838. p. 344
[Normanby]  to  Arthur.    Acknowledges  despatch  No.   146  of [July or August]
29 June with enclosures.    Will not comment on proceedings but is   olonial D
referring the opinion of the provincial law officers on this case, to
the law officers of the Crown for their opinion. p. 7
Series Q. Vol. 422
PUBLIC OFFICES, 1839
[Marquis of Normanby, Secretary of State] to Head.
Asks for verification of appended statement of Head's allowancesL'
and emoluments as Lt.-Gov. of Upper Canada. p. 11
House of Lords
Order for a return of certain despatches by Sir Francis Head, February 15.
and on the establishing of rectories in Upper Canada by Lt.-Gen.
Sir John Colborne. p. 3
Order for a return of any despatches from the Lt.-Gov. of Upper Marob- 12-
Canada on the creation of rectories. p. 6
Order for a return of copies or extracts of letters from ViscountMarch 12-
Howick  to  W.   L.   Mackenzie,   on  23   and  29  June  and  8  September, 1832. p. 7
Order for a return of the address to Her Majesty from theMay6-
Bishop of Montreal and clergy of the Church of England in Upper
Canada praying for a judicial decision on Clergy Reserves together
with any despatch to the Lt.-Gov. relative thereto. p. 8
Order for a return of the militia general order touching the court May30-
of enquiry on Col. J. Prince. P- 9 72
1839
July 18.
PUBLIC ARCHIVES
Q. 422
Order for a return of despatches from Arthur and from the
Secretary of State relative to the Clergy Reserves in Upper  Canada.
p. 13
House of Commons
Order for a return of certain despatches by Head, with the
Secretary of State's replies. p. 4
Order for a return of correspondence between the Lt.-Gov. of
Upper Canada and the Secretary of State on the creation of rectories
by Colborne. p. 5
Order for a return of the sums paid to Head as outfit, pay, or
allowance. p. 10
Order for a return of despatches of Sir George Arthur and Lord
Glenelg of 20 November, 1838, and 31 January, 1839, respectively,
relating to the financial state of Upper Canada. p. 12
Order for a return of despatches from Arthur and the Secretary
of State on Clergy Reserves in Upper Canada and certain accounts
of these reserves in both Upper and Lower Canada. p. 14
Order for a return of despatches from Arthur relative to Orange
lodges in Canada since 17 May, 1837. p. 15
Admiralty
February 15,
Admiralty.
Sir John Barrow [Second Secretary] to J. Stephen [Under
Secretary, CO.] Asks for Glenelg's opinion on Lt. John Elmsley's
request of 16 January, copy of which is transmitted. Draws attention to his own previous letter of 14 January. p. 17
Enclosed:
Elmsley to Barrow, Toronto, 16 January, 1839. Asks that
he be allowed to accept fifty pounds for his services in Upper Canada,
without relinquishing his half pay. Will offer his services again
to the Admiralty should war come. Meanwhile he believes he serves
better as an executive councillor. p. 18
Barrow to Stephen. Transmits copy of Capt. W. Sandom's
letter of 12 January relative to passages he had ordered on H.M.S.
Experiment on Lake Ontario. Sandom has been told that such
passages can be ordered only on application of the Lt.-Gov., and
that even then payment by the Admiralty may be refused.        p. 23
Enclosed:
Sandom to Charles Wood [First Secretary, Admiralty], Kingston,
12 January, 1839, stating action taken on requests of the Lt.-Gov.
for passages on Her Majesty's ships. p. 24 Q. 422
REPORT FOR THE YEAR 1945
Unsigned   to   Barrow.    [Draft.]   Acknowledges   letter   of   15      1839
February.    Refers to Capt. W. Sandom's accusations against Elmsley February 25.
of disobedience to orders, and treasonable practices.    Until Elmsley tColonial Dept-]
shall have exculpated himself from these charges of the senior naval
officer in Canada, the Secretary of State thinks it impossible to grant
him any indulgence whatsoever. p. 21
[Normanby] to Arthur, No. 7.    [Draft.]    Transmits copy of a {gJEJui Dept ]
letter from the Admiralty containing the instructions sent to Capt.
W. Sandom on the rules to be observed in affording passages on
Her Majesty's ships on the Canadian lakes. p. 25
Wood to Stephen.    Transmits copy of a letter from Sandom sJ*gJ£^ty
of 18 June, on the state of the naval station at Grand River and the
delapidated condition of lighthouses. p. 26
Enclosed:
Sandom to Wood, H.M.S. Toronto, Dunville, Grand River,
18 June, 1839. Urges improved navigation facilities along the
Canadian shore of Lake Erie. p. 29
Wood to Stephen.    Enquires whether certain passages provided Admiralty.
for   the   Lt.-Gov.   on   H.M.S.   Traveller  should   be   paid   by   the
public. p. 34
[Normanby] to Arthur, No. 92. [Draft.] Transmits copy of^jSwbept.]
a letter from the Admiralty enclosing a report by Capt. W. Sandom
on the condition of the naval station at Grand River, the want of
harbours of refuge on the Canadian lakes, and the neglected state
of the lighthouses there. Asks an early report. [For enclosure see
above.] p. 28
Unsigned to Wood.    [Draft.]    States, with reference to letter ^SSSa?beptj
of 23 July enclosing Sandom's report, that Normanby will immediately call Arthur's attention to the representations made.        p. 27
Unsigned to Wood.    [Draft.]    States that the charges described ^U^^3-Dept]
in Wood's letter of 23 July ought to be met by the public. p. 35
Wood to Stephen. States that, as Lt. J. Elmsley has been unable idmkaity.
to disprove charges made by Arthur and Sandom, the latter has been
instructed to cancel' a commission for Elmsley which had been
entrusted to Sandom. Normanby will be free either to remove
Elmsley from the Council or dismiss him from the provincial marine
as he thinks fit. p. 36
R.   More  O'Ferrall   [First  Secretary,   Admiralty]  to  Stephen. j£S*5r.6,
Enquires  whether passages  on  H.M.S,   Traveller on various  days
between 29 July and 10 October should be met by the public.      p. 38
Barrow to Stephen.    Transmits copy of a letter from Sandom AjmirSty.6'
recommending that the rendezvous of H. M. ships on Lake Erie be
established within Long Point in view of present conditions at the
mouth of the Grand River. p. 39
37759—6 -1
PUBLIC ARCHIVES Q. 422
Enclosed:
Sandom to O'Ferrall, Dunville, 7 November, 1839. p. 42
Sub-enclosures:
(i) 4 George IV, cap. 17, clause 5. p. 46
(ii) Plan of Long Point Bay, shewing the channel recently
broken through the isthmus by Lt. John Harris, SJ.N., 1839. [Plan
removed to Map Division.] p. 47
|j        Unsigned to  Barrow.    [Draft.]    States,  in reply to  letter  of
0i"" 6 December, that Russell must await Arthur's reply to the despatch
of 3 August before offering an opinion. p. 41
Commander in Chief
[CoionM Dept.]        [Normanby]   to   Arthur,   No.   36.    [Draft.]    Transmits,   with
1 reference to Arthur's depatch No. 92 of 24 November, copy of a
letter from Major-Gen.  Lord Fitzroy Somerset,  Secretary of the
Horse Guards. p. 50
Enclosed:
Fitzroy Somerset to Stephen, Horse Guards, 15 April, 1839.
States, with reference to letter of 4 January, that the promotions of
Majors P. Young and [L.] Carmichael have been approved. Lt.-Col.
Hon. H. Dundas has been honoured with the third class of the Order
of the Bath. p. 49
April 10,
Buckinghar
Palace.
Council Office plT^
Order of appointment of Richard Alexander Tucker to the
Executive Council of Upper Canada. p. 52
Foreign Office
J. Backhouse [under Secretary] to Stephen. States, with
reference to Stephen's letter of 4 January enclosing an extract of a
despatch from Arthur relative to the part taken by the United States
Government and prominent citizens in disturbances in Canada,
that Viscount Palmerston does not think that the deposition of
Anthony Flood is worthy of much attention. p. 55
W. Fox Strangways [Under Secretary] to Stephen. Transmits
copy of the opinion of the Queen's Advocate that unless British
subjects who suffered losses by the destruction of the Sir Robert Peel
can secure justice through the courts, it will be proper for H. M.
Government to demand indemnification from the Government of
the United States. p. 56
Enclosed:
Sir John Dodson to Palmerston, Doctors' Commons, 27 February,
1839. p. 59 Q. 422
REPORT FOR THE YEAR 1945
Unsigned to Strangways.    [Draft.]    Transmits copy of a draft      1839
of a proposed despatch to the Lt.-Gov. of Upper Canada on the March 19.
subject  of  Strangways'  letter  of  4  March  and enquires  whether[CoioniaiDept.]
Palmerston concurs. p. 58
Backhouse to  Stephen.    Returns  Normanby's  draft  despatch March 26,
enclosed in Stephen's letter of 19 March with a proposed alterationForeign office'
in pencil. p. 61
[Normanby]   to   Arthur,   No.   17.    [Draft.]
See Q. 416.]
[Not   transcribed. MBrch.27.
AO [Colonial Dept.]
Backhouse   to   Stephen,   immediate.    States,   in   reference   to March 30,
Stephen's letter of 28 March, that Viscount Palmerston concurs with Foreign office-
Normanby's proposed reply to Arthur's despatch on the prosecution
in Upper  Canada of an American citizen  [H.  Hasting]  who had
attacked a British subject in Detroit. p. 63
States,   with  reference  to   Stephen's £pni is,
 j.i,„4.   -d„i ?J j.:„~i„ Foreign Office.
Backhouse  to   Stephen
letter of 10 April and enclosures, that Palmerston entirely concurs
in Normanby's proposed reply to Arthur's despatch enclosing his
speech on opening the Legislature. p. 64
Strangways  to  Stephen.    States,  with reference to  Stephen's J^22, office
letters of 15 June and 12 July, that Palmerston entirely concurs with oreign-
Normanby in his approval of the measures Arthur has adopted with
reference to  disturbances both within Upper  Canada and in the
State of New York. p. 65
Strangways to Stephen.    States, with reference to Stephen's letter July 24,
of 10 July enclosing copy of a joint address from the Legislature of oreign-
Upper Canada and Normanby's proposed reply, that as the gallant
action of Commander A. Drew was done under orders of his superior
officer, the nature of that action need not be considered in deciding
on any honour to be awarded to Drew. p. 66
Strangways to Stephen. States, with reference to Stephen's July 24
letter of 15 July, that Palmerston approves Arthur's action in regard oreign
to the seizure by the collector of customs at Brockville of the American
vessel G. S. Weeks of Oswego. Transmits copy of Palmerston's
proposed instruction to H. M. Minister at Washington and of a note
received from A. Stevenson, the United States Minister at this
court. I p. 70
Enclosed:
(1) Note by Stevenson.
p. 73
(2) Proposed instruction to H. S. Fox, H. M. Minister at Washington, in the case of the G. S. Weeks. p. 78
Strangways to Stephen.    Transmits copy of a despatch from ™yeg; offic
Fox relative to the trial and conviction by a court of the United
States of W. L. Mackenzie and S. Chase for invasion of Navy Island
in December, 1837. P- 83
377*Q_64 76
PUBLIC ARCHIVES
Q. 422
1839 Enclosed:
Fox to Palmerston, Washington, 4 July, 1839, expressing surprise
at the conviction of W. L. Mackenzie by a United States circuit
court. Expects that he will be permitted to escape. Chase was
convicted with Mackenzie. p. 84
rCoiomal'Dept ]        Unsigned   to   Strangways.    [Draft.]    Acknowledges   letter   of
' 24 July enclosing Palmerston's draft of instruction to Fox on the
case of the G. S. Weeks.    Normanby concurs, but transmits copy of a
further despatch, No. 147 of 29 June, from Arthur giving the opinion
of the provincial law officers of the Crown. p. 72
raoiomai Dept.] Unsigned to Sir John Barrow [Second Secretary, Admiralty].
[Draft.] Transmits, with further reference to his previous letter of
10 July, copy of a letter from the Foreign Office expressing the opinion
that diplomatic considerations need not enter into the question of
promoting Commander A. Drew. Admiralty may, therefore, settle
the question on purely naval grounds.    Requests early decision,    p. 68
August 12,
Foreign Office.
Strangways to Stephen. Refers, in answer to Stephen's letter
of 26 June on the address of the Legislative Council of Upper Canada
to the Queen praying redress for certain losses by British subjects,
to a correspondence between the Colonial and Foreign offices in
March, 1839, upon which Arthur was instructed to try to secure redress
from local tribunals before any demand is made on the United
States. p. 86
September 13,
Foreign Office;
Strangways to Stephen. Acknowledges letter of 6 August on
the seizure of the G. S, Weeks at Brockville, giving Normanby's
approval of Palmerston's proposed instructions to Fox and enclosing
copy of a further despatch from Arthur, giving it as the opinion of the
provincial law officers that the seizure was legal. Transmits proposed
alterations in instructions to Fox. p. 88
Enclosed:
Palmerston to Fox, 10 September, 1839, on the seizure of the
G. S. Weeks, specifying the representation he is to make to the
Government of the United States.    [Draft.] p. 90
October 29,
Foreign Office.
Backhouse to Stephen. States, with reference to Major R. J.
Baron's offer to serve on any commission appointed to determine the
boundary between the United States and New Brunswick, that
Palmerston will take note of this but doubts whether he will be able
to avail himself of the offer. p. 100
October 29,
Foreign Office.
Backhouse to Stephen. Transmits, with reference to his previous
letter of 13 September, copy of a note from A. Stevenson, United
States Minister, on the representation which Fox was instructed
to make to the Government of the United States as to the seizure of
the G. S. Weeks at Brockville. p. 101 , 422
Enclosed:
REPORT FOR THE YEAR 1945
Stevenson to Palmerston, 26 September, 1839, acknowledging
Palmerston's note of 19 September which was in answer to his representation of 2 July on the outrage committed on the G. S. Weeks.
Examines Palmerston's reply in detail. p. 102
Backhouse  to  Stephen.    States,   with  reference  to   Stephen's November 6,
letter of 31 October transmitting copy of a despatch from Arthur Foreign office-
regarding extradition, that if Lord John Russell approves the draft
extradition convention which Palmerston has sent him, instructions
will be sent to Fox to propose it to the Government of the United
States. p. 124
Unsigned  to   Backhouse.    [Draft.]    States,   with  reference  to November is.
the letter of Backhouse of 6 November, that Russell will defer giving tColonial De^
an opinion on the draft extradition convention until the law officers
of the Crown shall have examined the bearings of Canadian law on
the working of such a convention. p. 125
Backhouse to Stephen.    Transmits copy of a letter from Fox December 3,
enclosing his note to J. Forsyth, United States Secretary of State, Foreign office-
and of Forsyth's reply relative to the seizure of the G. S. Weeks,   p. 126
Enclosed:
Fox to Palmerston, 13 November, 1839. Urges the utmost
leniency in representing any seeming misconduct by officers of the
American regular army. Points to the alacrity with which the
United States Government always uses its peculiar federal constitution to bar national responsibility. p. 127
Sub-enclosures:
(i) Fox to Forsyth, 21 October, setting forth the procedure
that ought to have been followed by Col. W. J. Worth in regard to
the seizure of the G. S. Weeks. Warns that if the United States
Government should prove unable to prevent the continued invasion
of Canada from their territory, H. M. Government will have to take
what steps may be necessary to guard the security of the
provinces. . p. 134
(ii) Forsyth to Fox, Department of State, 31 October, acknowledging Fox's letter of 21 October. Reaffirms the intention of the
Government of the United States to do all it can to prevent hostile
incursions into Canada. Asserts that the presidential message _ of
1818 does not apply to such events as those on the Canadian
j frontier. p. 144
Backhouse to  Stephen.    Transmits  copy of a note from A. FoSb6ffice:
; Stevenson,   United  States   Minister, regarding  a  musketry  attack
on the marchand vessel United States as it passed Prescott on 14 April
last.    Refers to Stephen's letter of 15 June and asks Russell's advice
as to the reply. P- 151 PUBLIC ARCHIVES
Q. 422
.   Enclosed:
Stevenson to Palmerston, 22 June, describing the testimony as
to the attack on the United States. p. 156
Sub-enclosures:
(i) Smith Stilwell [Collector] to Forsyth, Ogdensburgh, 15 April
1839, describing the attack on the United States and enclosing the
testimony of T. J. Stewart, of Ogdensburgh. p. 160
Enclosed in sub-enclosure:
Deposition of T. J. Stewart on the musketry attack on the United
States made by a soldier under orders from an officer who he was
informed was Col. R. D. Frazer. p. 161
(ii) Stillwell to Forsyth, 19 April,  enclosing
on the attack on the United States.
further testimony
p. 164
Enclosed in sub-enclosure:
Deposition of J. Whitney [captain of the United States].
165
Backhouse to Stephen.    Answers Stephen's letters of 28 March >
and   19  April  on  the   imprisonment   of   an  American,   Howland '
Hastings, at Sandwich for an attack on a British subject in Detroit.
Transmits copies of relevant documents and asks Russell's opinion
on the answer to be given to the United States Minister. p. 167
Enclosed:
Stevenson to Palmerston, 23 Portland Place, 24 June, 1839,
remonstrating against the arrest and imprisonment of an American
at Sandwich and enclosing supporting documents. p. 170
Sub-enclosures.
(i) List of documents.
172
(ii) D. Goodwin [U. S. Attorney for Michigan] to Forsyth,
Detroit, 15 April, representing authentication of documents as required, p. 173
(iii) Certified copy of the original indictment signed by Charles
Baby, 28 February, 1839. p. 174
(iv) Minutes of the trial of Hastings.
175
(v) S. T. Mason [Governor of Michigan] to John McDonell,
[Collector of the port of Detroit], instructing him to proceed to
Sandwich and secure Hastings' release. p. 178
(vi) McDonell to [Mason], 21 February,
ful attempt to secure release of Hastings.
Describes his success-
p. 179
(vii) Certificate  of  S.   H.   Porter   [Private   Secretary  to  the
Governor] as to the authenticity of Hastings' documents. p. 183 Q. 422 REPORT FOR THE YEAR 1945 79
(viii) Certificate   of   Randolph   Manning   [Secretary  of  State,       1839
Michigan] authenticating Porter's signature. p. 184
Backhouse   to   Stephen.    Answers    letter   of   16   September. December 5,
Transmits  copy of the opinion of the  Queen's Advocate on theForeign 0ffice-
legality of — Johnston's imprisonment in New York. p. 185
Enclosed:
Sir John Dodson to Palmerston, Doctors' Commons, 30 November, 1839. Regards Johnston's imprisonment in New York as no
breach of United States laws. Reason to believe that he abandoned
his Edinburgh pauper charges in New York. p. 186
Unsigned to Backhouse. [Draft.] Answers letter of 4 December December 23,
on the answer to be returned to the United States Minister's repre-[Colomal Dept- J
sentation on the musketry attack on the G. S. Weeks. Transmits
copy of Arthur's despatch with his report on the incident. Suggests
that regret be expressed, the provocation stressed, and notice given
that the offender's identity Cannot be discovered. [Enclosure not
at this place.] p. 153
Unsigned to Backhouse.    [Draft.]    Answers letter of 5 December December 23,
enclosing copy of a note of 24 June from the United States Minister[Colonial Depfc-]
relative to the imprisonment of Howland Hastings.    Gives reasons
for regarding the case as closed. p. 169
Home Office
S. N. Phillipps [Under Secretary] to Stephen.    States that Lord^^all
John Russell has recommended the grant of a pardon for nine prisoners
now under sentence of transportation on condition of their agreeing
not to appear within fifty miles of the Canadian frontier. p. 193
Phillipps to Stephen.    Transmits petitions on behalf of Canadian May 23,
convicts at Newgate under sentence of transportation.    [EnclosureswhitehalL
not at this place.    They are those in favour of W. Alves, R. Walker,
F. Malcolm and Watson; Ira Anderson; Paul Bedford, James Brown;
John Grant; and Randal Wixon.] p. 190
Phillipps to Stephen.    Transmits copy of a letter to  George ^g^in.
Maule, the solicitor of the Treasury, respecting Canadian prisoners
together with the opinion of the law officers of the Crown thereon.
p. 191
Enclosed:
Phillipps to Maule, 9 May, 1839, answering letter of 6 May.#
Russell believes that the transportation order is valid and he will'
have it executed unless an adverse report is made by the law officers
of the Crown. p. 192
Law Officers
Marquis  of  Normanby  [Secretary  of  State]  to  the  Queen'sJc^omaiDept.]
Advocate.    Transmits paper printed for presentation to the House
of Commons on the creation of rectories in Upper Canada, containing PUBLIC ARCHIVES
Q. 422
opinions of the Advocate, the Attorney General, and the Solicitor
General. Asks whether these opinions may be included in the
parliamentary paper. p. 197
Enclosed:
(1) Glenelg to the Attorney General, 12 April, 1837, asking
opinion on the creation of rectories in Canada.    [Printed.] p. 199
(2) Attorney General and the Solicitor General to Glenelg,
8 June, 1837, in reply to above.    [Printed.] p. 200
Attorney General and Solicitor General to Normanby. State
that they have no objection to having their opinions relative to
rectories in Canada as set forth in their letters of 8 June, 1837, and
24 January, 1838, respectively, printed for Parliament, and they
do not believe that the Queen's Advocate can have any objection, p. 202
March 26,
Doctors'
Commons.
Sir John Dodson [Queen's Advocate] to Normanby, immediate.
Expresses for himself and for the Attorney General and the Solicitor
General, approval of the inclusion in a proposed parliamentary
paper of certain opinions set forth by them on the subject of the
erection of rectories in Upper Canada as set forth in the enclosure
to Normanby's note of 25 March. p. 195
Temple.
Sir John Campbell [Attorney General] and Sir Robert M. Rolfe
[Solicitor General] to Normanby. Acknowledge letter of 11 June
on the custody of Canadian prisoners in Van Dieman's Land when
sent there from England/ Believe that only the British or the Van
Dieman's Land Legislation could give power to the Governor of the
latter forcefully to retain prisoners convicted under Canadian statute,
1 Victoria, cap. 10. A draft of such Act could be sent to the Governor
of Van Dieman's Land. This would seem the preferable
course. p. 203
Julyl,
Temple.
Campbell and Rolfe to [Normanby]. Acknowledge letter of
18 June enclosing copy of an Upper Canadian statute of last session
entitled: "An Act to dispose of the Lands commonly called the
Clergy Reserves." Have also received his subsequent letter of
28 June enclosing copy of a despatch from Arthur, but without the
joint address as required by 31 George III, cap. 31. They are of
opinion that without this address the legislation, even if assented to,
would be invalid. They therefore believe there is an insuperable
obstacle to laying this statute before Parliament. Even with this
they do not believe assent should be given. To establish the principle
of an inferior authority delegating power to a superior would be
novel and might prove inconvenient. p. 205
Copy of an Act to dispose of the lands commonly called the
Clergy Reserves. [Not transcribed. See enclosure No. 1 in despatch
No. 81, Q. 416.] p. 208 Q. 422
REPORT FOR THE YEAR 1945
Dodson to Normanby.    Answers letter of 15 July.    Transmits,       1839
after conference with Ven. Dr. J. Strachan, draft of letters patentjuiyi9,
erecting Upper Canada into a separate bishopric,  appointing Dr. §£2monB
Strachan thereto, and placing the new bishopric under the See of
Canterbury.    [Draft not at this place.] p. 209
Campbell and Rolfe to Russell. Acknowledge letter of 3 October Temeteber 1;
enclosing copy of a despatch from Arthur reporting the arrangements
he had made for the removal of prisoners to Van Dieman's Land.
Also acknowledge Stephen's letter of 31 October enclosing copy of a
despatch from Arthur relative to a convict named William Highland.
They are of opinion, with regard to all the prisoners referred to,
that the steps taken are adequate to the purpose in view. p. 211
Campbell and Rolfe to Russell. Acknowledge letter from Tempieber V
R. Vernon Smith [Under Secretary, CO.] of 31 October enclosing
copy of an Upper Canadian Act for incorporating a college of
Physicians and Surgeons. They are of opinion that the Act should be
disallowed. The effect of the Act might be to establish a monopoly
in Upper Canada that would be injurious to the people of that
province. p. 214
Unsigned to Sir William Franklin, separate. [Draft,
mits copy of a letter from the Attorney General and the Solicitor
General reporting their opinion as to the efficiency of the measures
adopted by Arthur for the removal of prisoners to Van Dieman's
Land. p. 213
Trana. November 11.
lb   [Colonial Dept.]
Series Q. Vol. 423
PUBLIC OFFICES, 1839
Ordnance
R.  Byham [Secretary]  to  J.  Stephen [Under Secretary C.O.].^^
Adverts to previous correspondence on the Kingston Marine
Railway and gives reasons for which the Ordnance requests authority
for continuing the suspension of the Royal assent to the Act of incorporation, until that Act shall have been amended. p. 3
Byham to Stephen.    Acknowledges letter of 18 May, and states ordnance,
that 30,000 muskets were sent to Quebec in 1838.    Asks for Sir
George Arthur's opinion as to the number required at Kingston, in
order to supply them from the Quebec depot. p. 8
Byham to Stephen. Gives information respecting the acquisi- Stance,
tion of certain lands at Kingston required for defence. Reminds the
Colonial Office of the principle laid down in 1834, that Crown lands
might be used to effect exchanges in case the required land should be
the property of individuals. Part of the property for which negotiations are to be opened, is owned by Messrs. Mahon and Haslip.
Asks that instructions be given to the Upper Canada authorities,
and that the Ordnance be informed of the nature of these instructions
in order that corresponding directions may be sent to the Commanding
Royal Engineer. p. 12 -1
PUBLIC ARCHIVES
Q. 423
1839 Unsigned to Byham.    [Draft.]    Acknowledges letter of 31 May,
June 14, and consents to continued suspension of the Royal assent to the
[Colonial Dept.] Kingston Marine Railway Act.    This Act was received on 7 September,
1838, so that the period during which it could be disallowed will
expire on 7 September, 1840. p. 7
Do^nmgst. Unsigned to Byham.    [Draft.]    Acknowledges letter of 5 June,
and states that Normanby will be able to inform the Ordnance of the
number of muskets required for Kingston, as soon as he shall have
received an answer to his letter of 14 June, also addressed to the
Ordnance. This letter contained Lt.-Gen. Sir John Colborne's
report on Sir George Arthur's requisition for arms for Upper
Canada. p. 10
fcofomki Dept ] Unsigned to Byham. [Draft.] Acknowledges letter of 7 June,
and gives reason for which it is now no longer possible to effect
exchanges of Crown land for private property which may be required
to complete defences. If after this explanation the Ordnance is of
opinion that assistance can be given by the Executive Government,
Normanby will give the necessary orders. p. 15
cSdnince Byham to Stephen.    Acknowledges letter of 20 June, and asks
whether the'spirit of the agreement of 1834 as to exchanges of Crown
land could not still be carried out, by appropriating the proceeds
of land sales to the acquisition of private property which is required
for defence purposes. p. 18
[Cotonlai Dept] Unsigned to Byham. [Draft.] Acknowledges letter of 1 July,
and states that according to the statute for the sale of Crown lands,
the proceeds of sales will be subject to appropriation by the Assembly.
It would therefore be necessary to disallow that Act if the proceeds
are to be used for the purchase of lands required for defence. A
definite decision on this Act has not yet been reached. . p. 20
DowningStV' Unsigned to Byham.    [Draft.]    Transmits copy of the Upper
Canada Act for limiting the period for making claims for damages
caused by the construction of the Rideau Canal. Asks whether
there is any objection to it by the Ordnance. p. 21
Treasury
January 12,
Treasury
Chambers.
F. T. Baring [Secretary] to Stephen. States that the Treasury
has made the necessary communication to the Ordnance, respecting
the construction of the Toronto barracks. p. 23
S^ury17, Baring to Stephen.    Refers to previous letters on specie pay-
Chambers.      ments, and states that the Treasury has recommended that assent
be given to Act No. 1106.
p. 24
t^S?7, G. Maule [Solicitor to the Treasury] to Stephen, immediate.
Transmits copy of the names of prisoners for whom writs of Habeas
Corpus were obtained, together with the affidavits.
26 423
Enclosed:
REPORT FOR THE YEAR 1945
(1) List: John Grant, L. W. Miller, W. Reynolds, Ira Anderson,
J. Brown, R. Wixon [misnamed Nixon], W. Alves, R. Walker [misnamed Simon], L. Watson [misnamed Weston], J. G. Parker, F.
Malcolm, P. Bedford. p. 27
(2) Affidavits.
p. 28
Baring to Stephen, confidential.    Refers to letter of 15 January, January is,
and states that while it is not considered expedient to make the chambers,
papers official, the Treasury  concurs in the proposed reply to Sir
George Arthur's despatch of 20 November, 1838. p. 32
Baring to [Stephen].    Acknowledges letter of 18 January, and January is,
gives Treasury approval of the proposed despatch on the claim by chambers.
Rev. A. Palmer for the same stipend as is given to other S.P.G.
missionaries. p. 33
C.   Bourchier  to   Stephen.    States  that   G.   Maule,   Treasury January 23,
Solicitor,  will try to furnish copies of the proceedings respectingTreasury"
Canadian prisoners, by Saturday. p. 34
Baring to
Transmits  copy  of a  correspondence February 2,
with   the   Ordnance  respecting   the   construction   of   barracks   at clampers.
Toronto. p. 35
Enclosed:
(1) R. Byham to Baring, Ordnance, 25 January, 1839. Acknowledges letter of 11 July, and states that the proposed barracks could
be erected for about £18,000 to £20,000. Only £2,000 will be
required in the estimate for next year, as £10,000 is on hand. Lt.-Col.
Sir John Oldfield, who is proceeding to Canada as Commanding
Engineer, has been given instructions as to the plans. p. 36
(2) Baring the to Secretary to the Board of Ordnance, Treasury
Chambers, 2 February, 1839. Acknowledges letter of 25 January,
and states that approval was given on the understanding that the
barracks could be built out of the £10,000 already on hand. Requests
suspension of all proceedings until a specific estimate has been given
to account for the discrepancy from the former estimate. p. 39
Maule to Stephen. Explains the necessity of obtaining copies of tSK9,
the petitions for pardon made by Ira Anderson, James Brown,
Randal Wixon, William Alves, Robert Walker, Leonard Watson,
John G. Parker, Finlay Malcolm and Paul Bedford. Information
concerning these persons, and other papers should be obtained from
Canada prior to 1 April next, the date to which these cases are
adjourned. p. 41
G. J. Pennington [Auditor of the Civil List] to Stephen.   [Printed.] ^^fn'
Acknowledges letters of 23 January and 2 February, and transmits chambers,
copy of a letter written to Viscount Howick, the Secretary at War,
on the subject of commuted pensioners. p. 46 PUBLIC ARCHIVES
Q. 423
Enclosed:
Baring to Secretary at War, Treasury Chambers, 9 February,
1839. [Printed.] Transmits despatch from Sir George Arthur,
and points out that from representations made by Arthur and by
Lord Durham, some relief should be afforded, but that it would not
be expedient to renew their pensions, or to hold out hope of such
renewal. Treasury considers that relief should be limited to indispensable articles required for clothing and shelter in destitute cases.
Requests an opinion as to means of carrying out this policy. Communication could then be made to the Board of Ordnance. [Sub-
enclosure not at this place.] p. 46
February 25,
Treasury
Chambers.
Pennington [for the Secretary] to Stephen. Transmits copy
of a letter to the Ordnance on the subject of the new barracks at
Toronto. p. 47
Enclosed:
Pennington to [Ordnance], Treasury Chambers, 23 February,
1839. States that as it has been represented that it is necessary
to erect these barracks, consent will be given. The estimate was
for 500 men, .but the reduced scale is three-fifths of that force. The
amount required over the available £10,000 should be inserted in
the Ordnance estimate. p. 48
Arthur to Glenelg, No. 46. [Printed.] Transmits a supplementary return of commuted pensioners. Some errors may have
crept in, due to the manner of collecting the information, but it could
be checked at the War Office. Remarks again upon destitution
as a burden upon local revenues.    [Enclosure not at this place.] p. 46A
March 25,
Treasury
Chambers.
Pennington to Stephen.    [Printed.]    Gives directions for relief
to be afforded to destitute commuted pensioners. p. 50
April 6,
Treasury
Chambers.
Pennington to Stephen. Acknowledges letter of 23 March,
and concurs in the approval of Arthur's intention of dispensing with
the attendance of military officers at the distribution of Indian
presents. p. 55
April 12,
Treasury.
Maule to Stephen. Asks whether he has any Canadian intelligence which would be of use at the hearing of the cases of the state
prisoners on Tuesday next. p. 56
List of commuted pensioners residing in Canada to whom it is
proposed to grant relief.    [Printed.] p. 51A
May 21,
Treasury
Chambers.
Perinington to Stephen. Concurs in approval of the advance
of £900 cy., for the relief of the trustees of St. Andrew's Church, at
Toronto. p. 57
May 21,
Treasury
Chambers.
Pennington to Stephen. Acknowledges letter of 26 April, and
states that the Treasury does not wish to add anything to the instructions already given with respect to the resumption of specie payment.
Arthur's suggestions as to currency will receive attention. p. 58 Q. 423
REPORT FOR THE YEAR 1945
Pennington to Stephen.    Acknowledges despatch of 25 April,       1839
and states that charges for the custody of state prisoners should be May 27,
borne by Upper Canada, but those incurred for military accommoda- SSmb.
tion for the protection of the frontiers should be defrayed from the     m
Military Chest.    Instructions to this effect should be given to the
Gov.-Gen. and to the Lt.-Gov. p. 60
Pennington to Stephen.    Transmits Ordnance letter of 19 April S^ury
on the subject of the barracks required at Toronto. p. 63 Chambers.
Enclosed:
R. Byham [Secretary] to the Secretary to the Treasury, Ordnance
Office, 19 April, 1839. Transmits letter and report on the revision
of the previous estimate.    Requests a decision. p. 64
Sub-enclosures:
(i) Lt.-Col. Sir John Oldfield to , Pall Mall, 25 February,
1839.     Transmits minute and states that he will give immediate
notice if local circumstances necessitate revision. p. 65
(ii) Minute of the Inspector General of Fortifications, 10 April,
1839. p. 65
Pennington  to   Secretary   of   Ordnance.    States   that   as   the^e—,
estimate has now been furnished,  the  Treasury  consents to the chambers,
appropriation of the £10,000 available for the erection of the Toronto
barracks.    Further  amounts   required  are  to  be  inserted  in  the
Ordnance estimate. p. 67
Pennington   to   Stephen.    Refers   to   previous   correspondence Jjge 14,
regarding the commuted pensioners, and transmits a further list, chambera.
Requests that the lists be forwarded to Sir George Arthur, with a
reference to the instructions which have been issued: p. 69
Enclosed:
List.
p. 71
Unsigned  to   Lt.-Gen.   Sir  John  Colborne,   No.   49.    [Draft.] g™*^ De
Transmits copy of the Treasury letter of 27 May, with respect to
Rebellion  expenditure.    [For  enclosure  see  above  under  date  of
27 May. p. 61
Pennington to Stephen.    Acknowledges letter of 11 July, andJJ^JJy
gives Treasury assent to the expenditure for the repair of Government chambers.
House, Toronto, provided this is paid from the proceeds from the
land reserved for a new site.    Approves also of the proposed application  to   the   Legislature  respecting  further  improvements   of  the
residence. P> 75
Pennington to Stephen.    Acknowledges letter of 26 June, andgyj£y
states that in view of the Acts 4 and 5 William IV, cap. 7, and of the chambers.
intended new arrangements, the Treasury does not consider it advisable to comply with the address from the Legislature praying for
control over the surplus Post Office revenue. p. 77 PUBLIC ARCHIVES
Q. 423
July 25,
Treasury
Chambers.
Pennington to Stephen. Acknowledges letter of 10 July, and
states that the Ordnance has been informed of Sir George Arthur's
opinion respecting the erection of the barracks at Toronto. Arthur
is to be instructed to pay the £10,000 to be reserved out of the proceeds
of the sale of military lands, into the Military Chest. This is to be
done from the first sales. p. 79
July 30,
Treasury
Chambers.
July 30,
Treasury
Chambers.
Baring to Stephen. Acknowledges letter of 25 July, and states
that G. Maule, the Treasury Solicitor, had already paid Messrs.
Gurney's account for a shorthand report of the trial of the Canadian
prisoners. As the present account is for two copies of this report,
which were supplied to the Colonial Dept., the charge must be met
from the contingencies of that department. p. 81
Pennington to Stephen. Transmits report from Lt.-Col. J. R.
Wright, Commanding Royal Engineer, and asks for an opinion as
to the expediency of the works directed to be undertaken. p. 83
Enclosed:
Wright to the Inspector General of Fortifications, Royal Engineers Office, Quebec, 9 April, 1839. States that the Commander
of the Forces has directed that barracks should be erected at
Chambly, LaPrairie, St. Johns, and Montreal. Gives a general
description of the requirements in each case. p. 84
tcdoSai0bept ]        Unsigned to Baring.    [Draft.]    Acknowledges letter of 30 July,
' and expresses a conviction that the barracks expenditure was properly
incurred. p. 86
August 19, Pennington to Stephen.    Transmits   letter   from   R.   Byham,
Chambers.      Secretary to the Ordnance, and states that Treasury consent has
been given to the proposed course with respect to the Toronto
barracks. p. 87
Enclosed:
August 31,
Treasury
Chambers.
Byham to the Secretary of the Treasury, Ordnance Office,
5 August, 1839. States that in view of previous correspondence,
no new orders should be issued until it is seen what the Commanding
Royal Engineer may feel authorized to adopt, after consultation
with the Commander of the Forces. p. 88
Pennington to Stephen. Transmits Admiralty letters of 5 and
20 August, requesting payment for the conveyance of the Lt.-Gov.
on board the vessels Experiment and Traveller. Asks whether these
voyages to Brockville and Prescott, and from Kingston to Toronto,
were upon the public services, and chargeable on British funds.
Asks for the return of these papers.    [Enclosures not at this place.]
p. 90
September 19, Pennington to Stephen.    Acknowledges letter of 18 Stepember,
ch^ibers.      and states that the Treasury does not dissent from the proposed
despatch approving of Arthur's discretion in the matter of payments
for the trial of American prisoners, out of the Colonial fund for state
prisoners. p. 93 Q. 423
REPORT FOR THE YEAR 1945
Pennington    to    Stephen.    Transmits    papers    dealing    with      1839
Currency. p. 95 September 19,
Treasury
Enclosed: Chambera-
(1) G. Pollard [Manager of the London Joint Stock Bank],
30 July, 1839. Transmits extract of a letter from F. A. Harper,
cashier of the Commercial Bank of the Midland District, and asks
for speedy issue of the required copper coinage. p. 97
Sub-enclosure:
Extract,  1 July,  1839.
Asks for £2,000 Stg. worth of copper
p. 98
(2) Pennington to Pollard, Treasury Chambers, 19 September,
1839.» Give reasons for refusing to assent to the issue of the required
copper currency. p. 100
(3) Pollard to Treasury, London, 16 August, 1839. Requests
an early reply to his letter of 30 July. States that Arthur has
recommended the issue of such a currency. p. 102
(4) James Pennington to Treasury, London, 3 September, 1839.
Discusses colonial currency problems, and points out difficulties
consequent upon compliance with the Upper Canada request for
copper coinage. p. 104
Unsigned  to Pennington.    [Draft.]    Acknowledges letter of 31 September 20.
August, and states that a despatch will be written to Sir George Arthur,l ° om .   ep ■
calling for a report upon the voyages in question,
should be made only on account, pending this report.
The payment
p. 91
Unsigned to Sir George Arthur [Lt.-Gov.  of Upper Canada], September;25.
No. 13.    [Draft.]    Transmits correspondence sent from the Treasury,
[ColoniaLDept.]
on the request for a copper coinage,
date of 19 September.'
[For enclosure see above, under
p. 96
Unsigned to A. Y. Spearman [Assistant Secretary,  Treasury], S^f^t
[Draft.]    Transmits   Act  for  the   suspension  of   specie   payments,
and Act for incorporating the Gore Bank,
has any objection to these Acts.
Asks whether the Treasury
p. 110
Unsigned to Spearman.    [Draft.]    Transmits Act for payment October 4^
of costs in certain cases of information at suits of the Crown.    Points   OWB
out that this applies to cases of seizure under revenue laws.    Asks
whether there is any objection to confirmation of this Act.        p. 112
Pennington to Stephen.    Asks for a copy of the contract with October 17,
the owner of the schooner Nehemiah Merritt, and for a report on thechSL.
service in which she was engaged, when the accident occurred for
which a claim is now being made. p. 113
Pennington to Stephen.    Refers to his letter of 31 August, and Octoj^rw,
states that payment will be deferred on the charge for transport of chSek
Sir George Arthur on the government vessels, until a report shall
have been received. P- 115 88
PUBLIC ARCHIVES
Q. 423
1839 Unsigned  to  Spearman.    [Draft.]    States  that  authority  has
October 31.      been given to employ a police force on the Niagara River during
[Colonial bept.] ^e winter months.    The expense of £3.15.0 per day will be met
from the Crown revenue. p. 121
BoionSlbe'pt ]        Unsigned to Arthur, No.  37.    [Draft.]    Transmits copy of a
^'correspondence with the  Treasury,  on the punctual remission of
p. 118
Clergy Reserve funds.
Enclosed:
(1) Unsigned to Spearman, [Colonial Dept.] 18 October, 1839.
[Draft.] States that the Bishop of Toronto has complained of losses
due to delay in the remittance of Clergy Reserve funds for investment
in England.     Asks that directions should issue to remedy this.   p. 119
(2) Pennington to Stephen, Treasury Chambers, 26 October,
1839. Acknowledges letter of 18 October, and states that Commissariat officers will be notified of the reported delay, a condition
of which the Treasury is not aware. Suggests that the Lt.-Gov. be
instructed to see that Crown land agents enforce early collection of
outstanding arrears of purchase money. p. 116
Pennington to Stephen. Acknowledges letter of 31 October,
and states that the Commissioners of Audit will be authorized to
admit the charge for the Niagara Police Force, at a cost of £3. 15. 0.
per diem payable from the Crown revenue of Upper Canada,    p. 120
November 11,
Treasury
Chambers.
Pennington to Stephen. Acknowledges letter of 16 September,
and gives Treasury consent to Sir George Arthur's arrangements for
relief of commuted pensioners subject to such measures as it may
be necessary to adopt on receipt of further information. Economy
should be cautioned. p. 122
November 16
Treasury $\
Chambers.
November 27,
Treasury
Chambers.
Pennington to Stephen. States that £19,283. 6. 8 has been paid
into the Military Chest on account of the Clergy Reserve fund.
This has been invested in the 3% consolidated annuities. p. 124
Pennington to Stephen, immediate. Transmits Treasury Minute
on  the  Act  for  the  purchase  of  private  stock  in  the   Welland
Canal.
p. 125
Enclosed:
Minute,  26 November,   1839.    Gives  reasons for refusing to
recommend that the Royal Assent be given to this Act. p. 126
1840 Unsigned to C. E. Trevelyan [Assistant Secretary, Treasury].
June 24, [Draft.]    Transmits   address   from   the   Legislature   praying   that
Downing st.     assent be given to the Welland Canal Act, together with a report by a
Committee of Assembly,  explanatory of the circumstances under
which the measure was adopted.    [Enclosure not at this place.]   p. 130 Q. 423
Secretary at War
REPORT FOR THE YEAR 1945
Sir Henry Hardinge [Secretary at War] to Sir Charles Burrell. ^g^
[Printed.]    States that he has written to the Commissioners of Chelsea   "
Hospital, asking that George Doomsday's pension be paid to the
churchwardens [of Shipley].    This has been done even though this
case does not come under the Parliamentary exception. p. 133
Richard Neave [Secretary, Chelsea Hospital] to the Secretary June 23,
at War.    [Printed.]    Acknowledges letter of 21 June and points out gheSeaHospita1,
that further legislation would be required before Doomsday's pension
could be assigned.    Transmits a form which can be used for assignment at each due date.    [Enclosure not at this place.] p. 133
Memorandum by C. W. Williams Wynn [Secretary at  War],       1831
for the information of out-pensioners who wish to commute their March i,
pensions with a view to becoming settlers in the British Colonies. Wa^office.
[Printed.] p. 133
contains some alterations of policy and detail.    [Printed.]       p. 134A
Stephen to the Secretary of the Treasury.    [Printed.]    Transmits      1839
further correspondence on the subject of distressed commuted pen-j        ^ .
sioners.    Asks  whether  the   Treasury  is  prepared  to  recommend dS™8 st.
a grant of the sum necessary for relief of these persons. p. 132
Enclosed:
(1) Stephen to L. Sulivan [Deputy Secretary at War], Downing
St., 7 December, 1838. [Printed.] Transmits the Earl of Durham's
despatch of 30 October, urging that destitute commuted pensioners
should be restored to the pension list. Requests an opinion. [Sub-
enclosure not at this place.] p. 132
(2) Sulivan to Stephen, War Office, 8 January, 1839. [Printed.]
Acknowledges letter of 7 December, and gives reasons against restoration of pensions to commuted pensioners. Relief in kind should be
given in cases of necessity. Application will have to be made to
Parliament for the sum necessary to carry this out. p. 132
Sub-enclosure:
Return of Commuted pensioners.
p. 132A
TVcm«- February 2,
Lrans   Downingst.
Stephen to the Secretary of the Treasury.    [Printed
mits Sir George Arthur's despatch No. 116 of 21 December, which
gives further information respecting commuted pensioners in Upper
Canada.    [Enclosure not at this place.] p. 132
Sulivan to Stephen.    Asks, in connection with Capt. A. Ellison's ^j^gg^9*
application, whether any Upper Canada law prohibits grants of land
to military Settlers in that colony. p. 138 90
PUBLIC ARCHIVES
Q. 423
1839 Unsigned   to   Sulivan.    [Draft.]    Acknowledges   letter   of   19
March 4. February, states that the regulations respecting grants to military
[Colonial Dept.] anc[ naval settlers were incorporated in the Upper Canada Land Act
of 1837.    Explains the circumstances under which Ellison lost his
privileges. p. 140
Royii2Hospitai Classified return of commuted Chelsea pensioners, signed by
Chelsea.       ' R. Neave [Secretary].    [Printed.] p. 136A
May9> Return of pensioners in  1828 and  1838,  signed by Viscount
Howick [Secretary at War].    [Printed.] p. 137
wafo'ffice Return     of     the     Regular     army,      showing     pensioners.
[Printed.] p. 136
SSomaTDept.] .     Unsigned to  Secretary at War.    [Draft.]    Transmits applica-
' tions from Sir George Arthur and Sir John Harvey, for staff pay and
allowances as major-generals.    Points out the heavy responsibilities
which have devolved upon them.    Requests an opinion.    Asks for
return of the papers.    [Enclosures not at this place.] p. 145
waToffiS.19, [T.  B.]  Macaulay  |Secretary at War]  to  Lord John Russell
[Secretary of State]. Acknowledges letter of 7 December, and states
reasons for which it would not.be expedient to grant a major-gen.'s
staff pay and allowances to Sir John Harvey and Sir George Arthur.
Suggests augmentation of their civil salaries in view of the additional
civil and military duties which have unexpectedly devolved upon
them. p. 142
Wesleyan Missionary Society
wesiiyan' -^ev- ^" ^der [Secretary] to Marquis of Normanby [Secretary
MissionjHouse, of State].    Reminds him" of previous communications with Glenelg
GarS*.11        on the subject of the Indian title deeds.    States that he is going to
Upper Canada to allay excitement over Clergy Reserves.    Offers
to call at the Department before sailing. p. 148
Aborigines Protection Society
4BSmfieidst. Secretaries of the Aborigines Protection Society to Col. C.
Yorke [Private Secretary to Normanby]. Ask for the draft petition
on behalf of the Indians, which was left with Normanby at an interview on 29 April. p. 166
Attached:
Draft Petition, praying that measures be taken to limit or suspend
further removals of Indians, that civil rights be conceded, that the
treaties be observed, and that the system of presents be reformed in
order to assist the diffusion of Christianity and the arts. p. 154
Childern's Friend Society
J. Sparke [Secretary of the Children's Friend Society] to
H. Labouchere [Under Secretary]. States that one of their lads
who was sent to Canada in 1835, served W. L. Mackenzie. He is
in London at present and could be questioned. He is going back
to Canada on Thursday. p. 167
July 12,
9 Trogmorton Q. 423
REPORT FOR THE YEAR 1945
London Joint Stock Bank 1839
G.   Pollard   [Manager  of  the  London  Joint  Stock  Bank]  to^ggjj*1^
Normanby.    Asks for a decision on the Upper Canada application London. "
for a copper currency.    [See also above,  Treasury, under date of
19 September.] p. 168
Pollard to Russell.    Refers to previous correspondence on the November 23,
subject  of a copper currency for Upper  Canada.    Asks that SirPrincesSt-
George's Arthur's recommendation be communicated to the Treasury,
and that steps be taken to execute the coinage. p. 206
Unsigned to Pollard. [Draft.] Acknowledges letter of 23 £xSfrDe t
November, and states that Russell is not prepared to request theL °oma ep *
Treasury to reconsider this question. p. 208
Royal Colleges of Physicians and Surgeons
Unsigned to the President of the Royal College of Physicians. f^J^1*^80,
[Draft.]    Transmits the Upper Canada Act to incorporate a College
of Physicians and Surgeons, and asks whether this interferes with
the privileges of the Royal College or of the universities.    [A similar
letter written to the Royal College of Surgeons.] p. 172
Enclosed:
Act.
178
R. Keate [President] to Stephen. Acknowledges letter of JJ^JfoJjk e
30 September, with the Act to incorporate the College of Physicians of°surgeo°ns?8e
and Surgeons of Upper Canada. p. 169 London-
Sir Henry Halford [President of Royal College of Physicians] ^sjgjjjy^
to Stephen.    Acknowledges letter of 8 October, and states that he Leicester.8, '
will draw the attention of the Royal College of Physicians to the
Upper   Canada  Act  to  incorporate  a  College  of  Physicians  and
Surgeons. p. 170
Halford to Stephen. States that the Royal College of Physicians gjgjf j4*
sees no objection to the Upper Canada Act to incorporate a College Physicians,
of Physicians and Surgeons. p. 171
Keate to Stephen.    Gives reasons for which the Upper Canada October 18^
Act to incorporate a'College of Physicians and Surgeons, should not0i°Sirrgeons,
receive assent. p. 173London-
Society for Propagating the Gospel
Rev. A. M. Campbell [Secretary, S.P.G.] to R. Vernon Smith November is,
[Under    Secretary].    Transmits   petition  of  Rev.   James  Coghlan,
late missionary at Port  Hope,  and asks for favourable consideration. P- 196
Enclosed:
(1) Petition, 9 Wilmot Sq., Bethal Green, London, 21 August,
1839.    States his services and requests a pension.
p. 200 -1
PUBLIC ARCHIVES
Q. 423
1839 (2) Rt.  Rev.  J.  Strachan  [Bishop  of  Toronto]  to  Campbell,
23 Sackville St.    Transmits Coghlan's memorial and recommends
favourable consideration. p. 199
[CoIorS^ept]        Unsigned  to  Campbell.    [Draft.]    Acknowledges  letter  of   13
' November, and states that before Coghlan's case can be submitted
to the Treasury, it will be necessary to obtain medical certificate as
to  his  disability,   and  a  certificate  that  he  has  served  for  ten
years. p. 197
December 3i, Campbell to Vernon Smith.
4 Trafalgar Sq.   1 f «   ,u
by Rev. James Cognlan.
Transmits certificate of service
p. 209
Enclosed:
Certificate.
p. 210
1840 Unsigned  to  Campbell.    [Draft.]    Acknowledges  letter  of  31
January 30.      December,  and states that as Rev. James Coghlan did not reside
[Colonial Dept.] &i bjs mission for 10 years, he is ineligible for a pension. p. 212
Royal Humane Society
1839 B. Westropp [Secretary] to Russell.    Asks that the silver medal-
November is,   lion of the Society be transmitted through the Colonial Dept. to the
sSSy^Se6 BisnoP of Montreal, to be conferred on Henry Cowlan. p. 204
Chatham Place.
[SlomaieDept]        Unsigned to Westropp.    [Draft.]    States that the silver medal-
' lion will be transmitted to the Bishop of Montreal, when the Society
delivers it to the Colonial Dept.
p. 205
November 1
Dublin Cast!
Ireland.
Office for Ireland
T. Drummond [Secretary to the Lord Lieutenant of Ireland]
to Stephen.    States that a recommendation has been made to the
Treasury, that Donough's pension after 5 April, 1831, should
be paid in Canada. p. 203
Series Q. Vol. 424, pt. 1
MISCELLANEOUS, 1839
Memorandum of John Goldsbury Parker on his correspondence.
Written in his own defence, to show that he was not implicated in
the Rebellion. p. 8
Attached:
(1) Parker to H. Lusher, private, Hamilton, 6 November, 1837.
Reports activities of the Political Unions, and urges greater activity
in the Midland District. States that there is not a soldier in the
garrison at Toronto. p. 18 Q. 424, pt. 1 REPORT FOR THE YEAR 1945
(2) Parker to J. Vincent [Editor of the Spectator], Hamilton,      1839
7 [November], 1837.    Urges him to take a stronger line.    Gives a
similar report to that in his letter to Lusher. p. 19
(3) Parker to A. Thebodo, private, Hamilton, 7 November,
1837.    This letter is similar in tone. p. 20
(4) Parker to W. L. Mackenzie, Hamilton, 8 November, 1837.
Requests him to send the Constitution to Jacob Shibley of Frontenac.
Reports on his visit to Frontenac. Will devote some time to Gore
affairs. p. 21
(5) Parker to T. S. Brown, private, Hamilton, 22 November,
1837. Asks for news. Reports Upper Canadian activities. Expects
much during the winter. p. 23
(6) Parker to J. Williams [Editor of Burlington Sentinel],
Hamilton, 1 December, 1837. Asks for information as to the real
state of affairs in Lower Canada and the whereabouts of the leaders.
There is no doubt that if a revolution takes place in Lower Canada,
Upper Canada will follow suit and join the United States. p. 26
(7) Recommendation of Parker by citizens of Rochester,
16 March, 1839. p. 29
(8) Dr. E. W. Armstrong to M. S. Bidwell, Rochester, 23
November, 1839. Asks him to write to Lord Glenelg in Parker's
defence.    Feels sure that the case has been misrepresented.       p. 30
(9) Certificate of Dr. E. W. Armstrong, [late of Kingston, now
of Rochester], as to Parker's character. p. 37
(10) Certificate x)f Rev. T. F. Coldicott, pastor of the Baptist
Church at Lockport. p. 42
(11) Certificate of Rev. David Murdock. [Colonial Missionary
Society of London], Bath, 15 March, 1839. p. 43
(12) Bidwell to Parker [in care of J. Hume], New York,
24 February, 1839. Writes to encourage him and to speak of efforts
made on his behalf.   \ p. 45
(13) Certificate of Rev. C. E. Furmean, late pastor of the
Presbyterian Church of Hamilton, Victor, 7 March, 1839. p. 48
(14) Certificate of Rev. John Smith, [late missionary of the
London Missionary Society, and master of Kingston District school],
Greenwich, Washington Co., 19 April, 1839. p. 49
(15) Certificate of Rev. G. S. Boardman, pastor of the
Presbyterian Church at Rochester, N.Y., 5 January, 1839. p. 52
(16) Memorandum on Parker's case. p. 53 September 6,
Fermanagh,
Ireland.
PUBLIC ARCHIVES
A
Q. 424, pt. 1
Petition  of William Alexander for a militia appointment in
Canada. p. 3
Attached:
Recommendation.
p. 5
B
J. F. Berford [late Sheriff of Bathurst] to Normanby. Transmits
a lengthy petition for an investigation in the matter of his appointment and dismissal as Sheriff of Bathurst. p. 87
October 19,
29 South
10th St.,
Philadelphia
U.S.A.
Enclosed:
(1) Affidavit that the documents are true copies. p. 92
(2) Petition, Toronto, 29 May, 1839. p. 93
(3) Patent as Sheriff for J. F. Berford, 3 December, 1839. p. 139
(4) Col. W. Rowan [Secretary] to Berford, Government House,
York, 11 January, 1834. p. 141
(5) Rowan to Berford,  Government House, Toronto, 2 May,
1834. p. 144
(6) A. C. Muir to Berford, Perth, 7 February, 1835. p. 145
(7) E. Hudson to Berford, Perth, 30 December, 1833.        p. 148
(8) Berford to Powell [c. November, 1832]. p. 150
(9) J.   Macaulay   [Civil   Secretary]   to   Berford,   Government
House, 1 August, 1838. p. 152
(10) Reasons for Berford's claim for compensation.
p. 154
(11) Rowan to Berford, Government House, Toronto, 10 April,
1834. p. 161
Bosanquet & Co. to J. Stephen [Under Secretary Colonial Office].
Asks whether assent has been given to the Welland Canal Act.    p. 58
Bosanquet & Co. to H. Labouchere [Under Secretary, Colonial
Office.] Asks whether the Welland Canal Act has been given
assent. p. 59
David Browne [Librarian of the Musical Academy] to the
Colonial Secretary. Claims redress for land said to have been
granted to the Royal Adelaide Association, of which he was the
chairman. p. 60 Q. 424, pt. 1
REPORT FOR THE YEAR 1945
Messrs.  Anthony,  Edward, Andrew and Thomas Brennan to      1839
the Marquis of Normanby [Secretary of State].    Ask for assistance November n,
in recovering property at Cornwall, owned by their uncle, William |Jew Town>
Brennan. p. 70ireiald.
W.  Bancks [Acting Manager of the Newcastle Bank] to theg™^*»
Colonial Secretary.    Represents the currency difficulties in Upper GK£w.aw'
Canada and makes suggestions. p. 77
Unsigned  to  T.   Brennan.    [Draft.]    Acknowledges  memorial, gj^^jo.
and states that no assistance can be given by the Colonial Department, since this is a matter for the local courts. p. 76
Unsigned  to  Browne.    [Draft.]     Acknowledges   letter   of   19 |cXniafDe0t)
October,   and   states   that   Browne   has   no   claim   for   compensation, p. 69
G. Bath to Stephen.    Sends packages to be forwarded to the PSc|Pbe5 23«
Ti    n fTin r a oer412 Strand.
Lt.-Gov. of U.C. p. 85
H. J. Castle to the Colonial Secretary.    Asks for an extension 2i"0urtr'
of his leave of absence, transmits petition to Sir George Arthur. London.
[Enclosure not at this place.] p. 163
Donald  Cameron to  the  [Colonial  Secretary].    Complains  of^^29-
the conduct of the Excutive Government, and transmits documents
dealing with his claim for deeds for land located in Thorah and
Eldon. p. 165
Enclosed:
(1) Minutes of Council of 26 June, 1834, and 8 January,
1835. p. 168
(2) J. Macaulay [Civil Secretary] to Cameron, Government
House, 8 November, 1838. States that the Lt.-Gov. will investigate
the charges, as soon as pressure of public business permits.       p. 170
(3) Report of Select Committee on Cameron's petition,
27 January, 1837. p. 171
(4) Cameron's remarks, Thorah, 17 February, 1839.
p. 173
(5) Report  of  the  Select   Committee  on  the  petition  of  D.
Cameron.    [Not transcribed.    See Q. 390, p. 410.] p. 175
(6) Appendix to Report of Select Committee.
p. 176
(7) T. Ridout [Surveyor General] to Cameron, 11 March, 1826.
[Not transcribed.    See Q. 390, p. 431.] p. 178
(8) Petition of K. Campbell and others, Thorah, 16 June, 1834.
Not transcribed.    See Q. 390, p. 271.] p. 179 PUBLIC ARCHIVES
424, pt. 1
Memorial of J. Y. Cozens to receive the amount of consideration
money which he paid for land, 22,000 acres of which have been
granted to others. ^Hfoi p. 180
Enclosed:
Deed from Capt. Joseph Brant, 8 October, 1796.
p. 197
Cameron to Marquis of Normanby [Secretary of State]. Transmits letter from the Civil Secretary, S. B. Harrison, and states his-
lack of faith in the prospect of a settlement. p. 201
Enclosed:
Harrison to Cameron, Government House, Toronto, 1 August,
1839.    Request a copy of Cameron's letter to Normanby.        p. 205
Cameron to Normanby. Requests that orders be given for a
commission to examine his claim.    This to meet at Thorah.    p. 203
Ellen Carlyle to [Stephen]. Asks whether any steps have been
taken to procure information as to the whereabouts of her cousin,
Henry Scott Montague Murray. p. 206
Novemberi5, Lt. J. H. De Burgh to Lord John Russell [Secretary of State].
itomd!olkiSt" States that he is going to the London District of Upper Canada,
and asks for a grant of land as a retired military officer. p. 209
Decembers. [Russell] to  Sir  George Arthur,  No. 52.    [Draft.]    Transmits
[Co oniaijDept.] j^Q 3urgj1>g application and requests attention to his application
for land. p. 211
Series Q. Vol. 424, pt. 2
MISCELLANEOUS, 1839
D—Continued
J. H. Dunn
J. H. Dunn [Receiver General] to Marquis of Normanby
[Secretary of State]. Defends his motives, and transmits Act to
remunerate him for various duties unconnected with his office,    p. 213
Enclosed:
Act of 1837.
p. 215
Dunn to the Under Secretary. Transmits copy of an Address
of Assembly, and of a Minute of Council authorizing him to negotiate
a loan. Offers his services in any way in which he may be useful,
even though he is on leave. p. 219 Q. 424, pt. 2
Enclosed:
REPORT FOR THE YEAR 1945
(1) Address of Assembly, 11 May, 1839.
(2) Minute of Council, 15 June, 1839.
p. 221
p. 222
Unsigned to Dunn.    [Draft.]    Acknowledges letter of 30 July, August 12.
and states that Normanby is not aware of any point on which it[Colonial Dept-!
would be necessary to use Dunn's services. p. 225
Unsigned to Dunn,
of 30 July.
[Draft.]    Acknowledges letter to Normanby, pjggjVJb^,
p. 218
Dunn to H. Labouchere [Under Secretary]. Reports that he^^20-
has had an interview with the President of the Board of Trade on
three financial bills. The first two deal with the issue of notes for
carrying on public works. The third is to negotiate a loan. Asks
for an Imperial guarantee for this loan, which is necessary to Upper
Canada. p. 226
Unsigned to Dunn.    [Draft.]   Acknowledges letter of 20 August, August 31.
and states that a guarantee could not be given without the express[Colomal DeptJ
sanction of Parliament. p. 229
Dunn to the Secretary of State.    Offers to convey despatches on ^^^fsJ'
his return to Upper Canada. p. 230
Dunn to [Lord John Russell, Secretary of State].    Reports the£^mber29,
steps which he has taken to recommend and assist the reunion of
Upper and Lower Canada.    States his hopes for the future of the
province. p. 231
[Draft.]    Acknowledges letter of 29 De-      1840
P» 235 January 31.
[Colonial Dept.]
Unsigned to Dunn,
cember, 1839.
Commander A. Drew
Drew to Marquis of Normanby [Secretary of State].    Asks that      1839
he be recommended to the Admiralty for promotion, as a reward for June 8>
his services in the destruction of the Caroline. p. 237 gy»nd River'
Enclosed:
Sir   George   Arthur   [Lt.-Gov.   of   U.C.]   to   Drew,   Toronto,
28 April, 1838. p. 240
Capt. W. Sandom to C. Wood [Secretary, Admiralty]. Reports g*e».
the circumstances under which he has found it necessary to suspend Niagara.
Drew until Admiralty orders are received. p. 252
Enclosed:
(1) Forms   of   weekly   returns   required   from   naval   commanders. P- 258 PUBLIC ARCHIVES
Q. 424, pt. 2
(2) Sandom to Drew, H.M.S. Toronto, Dunville, 23 June, 1839.
States that the service has suffered from Drew's absence without
leave. This will be reported to the Admiralty. Meanwhile Drew
is to proceed to Kingston to await further orders. He is superceded
in the command of the Colborne. p. 256
June 29,
H.M.S.
Niagara.
Sandom to Wood. Asks that a lenient view be taken of Drew's
dereliction from duty, in view of his previous service and of his
position in U.C. p. 251
J. Stephen [Under Secretary] to Sir John Barrow [Second
Secretary, Admiralty]. Transmits address from the Legislature
praying that a mark of honour should be conferred upon Drew,
together with the answer which Normanby intends to return. Asks
whether the Admiralty has any objection to the intended reply,   p. 243
Enclosed:
(1) Address.    [Not transcribed.    See Q. 416, p. 123.]
. 244
(2) Unsigned to Arthur, No. —. [Draft.] States that the
Queen appreciates the testimonial to Drew, but promotion is delayed
by considerations into which she is unwilling to enter at present.
p. 241
Earl of Minto [Commissioner of Admiralty] to Normanby,
private. States the arrangement for conveying Sir Charles Metcalfe.
Explains the reason for inability to promote Drew at the present
time, and advises deletion of the word "promotion" from the proposed
reply to the address of the Legislature. p. 245
August 7,
Downing St.
Stephen to Barrow. * Transmits letter from the Foreign Office,
stating that the Caroline affair need not interfere with Admiralty
plans in favour of Drew.   Asks for an early decision as to promotion
of that officer. p. 247
Enclosed:
W.   Fox  Strangways   [Under   Secretary]  to  Stephen,
Office, 24 July, 1839.
Foreign
p. 249
Capt. A. Ellison to Lord Glenelg [Secretary of State],
an answer to his letter of 7 December, 1838.
Requests
p. 264
January 26.
[Colonial Dept.]
Unsigned to Ellison. [Draft.] Acknowledges letter of 18
January, and states that his previous letter has been referred to the
Commander-in-Chief, who must decide on the application for payment
of the residue of the detained portion of the price of his commission, p. 266
Memorial of Robert Edwards, an out-pensioner, praying for a
grant of land. p. 267 Q. 424, pt. 2
REPORT FOR THE YEAR 1945
Bishop  of  Exeter to Normanby.    States that he intends to      1839
move in the House of Lords, for production of the address from the May 6,
Bishop of Montreal and the Upper Canada clergy requesting a judicial34 Charles st.
decision on Clergy  Reserves,  together  with  any  despatch to the
Lt.-Gov. on that subject, especially that of 15 January.    Offers to
defer this motion if it should be inconvenient at the moment,    p. 270
Unsigned to Edwards.    [Draft.]   Acknowledges memorial and gonial Dept i
states that the policy of making free grants has been discontinued   °om&
for some years. p. 269
S. B. Harrison [Civil Secretary] to Mrs. M. Farley,
the Lt.-Gov. has received a despatch which gives the decision ofJ
H.M. Government not to admit her claim for revaluation of lands at
Kingston. p. 276
Col. J. Fitzgibbon
Fitzgibbon to Normanby. States that he has come to England ?|j3rd8»
to press his claims for recognition of services. Asks that assent be
given to the Act granting him 5,000 acres of land. If assent cannot
be given, asks for a grant of £2,500, the sum which would be produced
by the sale of such land. Declares that he would prefer the grant of
money.    Transmits papers and requests an interview. p. 278
Enclosed:
(1) Extract from Journals of Assembly, 23 January, 1838.   p. 382
(2) Macaulay [Civil Secretary] to Fitzgibbon, 23 June,  1838.
[Not transcribed.    See Q. 408, p. 195.] p. 285
(3) Resolution    of    the    Legislative    Council,    2    January,
1838. p. 286
(4) Extract of a Report of the Legislative Council, 13 February,
1838. p. 287
(5) Fitzgibbon to Gelenlg, Toronto, 24 September, 1838.    [Not
transcribed.    See Q. 408, p. 174.] p. 288
(6) Fitzgibbon to Macaulay, Toronto, 8 September, 1838.    [Not
transcribed.    See Q. 408, p. 181.] p. 289
(7) Fitzgibbon  to   Macaulay,   Toronto,   17   September,   1838.
[Not transcribed.    See Q. 408, p. 183.] p. 290
(8) Fitzgibbon to Sir Francis Bond Head, 12 December, 1837.
[Not transcribed.    See Q. 408, p. 190.] p. 291
(9) J. Joseph [Civil Secretary] to Fitzgibbon, Tuesday, [12 December, 1837].    [Not transcribed.    See Q. 408, p. 192.] p. 292
37759—7* 100 PUBLIC ARCHIVES Q. 424, pt. 2
1839 (10) Capt.   F.   L.   Arthur  [Private  Secretary]  to  Fitzgibbon,
Government House, 24 September, 1838. [Not transcribed. See
Q. 408, p. 179.] p. 293
(11) Head to Glenelg, No. 25, Toronto, 8 March, 1838.    [Not
transcribed.    See Q. 403, p. 28.] p. 294
(12) Col. W. Rowan [Civil Secretary] to Fitzgibbon, Toronto,
20 January, 1838.    [Not transcribed.    See Q. 408, p. 185.]        p. 295'
(13) Address to the  Orangemen of  Cavan and Perth,  York
18 June, 1836.    [Not transcribed.    See Q. 408, p. 197.] p. 296
fcSomaiDet]        Unsigned   to   Fitzgibbon.    [Draft.]   Acknowledges   letter   of
' 3 July, and states that Normanby cannot discuss Fitzgibbon's case,
until Sir George Arthur's despatch shall have been received.     p. 297
Dublin2, Fitzgibbon to H. Labouchere [Under Secretary].    Acknowledges
letter of 31 July, and states that he will personally deliver the explanation required by Normanby. p. 298
Dublin7, Fitzgibbon to Labouchere.    Gives reason for having left the
province without leave. p. 299
Augusts, Rt. Rev. A. Macdonell [Roman Catholic Bishop] to Fitzgibbon.
strand."        Pays tribute to his gallantry and services. p. 309
^Jjjjjj^17' Memorandum   by    Fitzgibbon    on   the    proposed   grant   of
land. p. 304
Craven2!; Fitzgibbon to Labouchere.    Transmits copy of a letter which
he has adressed to Arthur. States that he does not wish to have
the money until Arthur is satisfied with his public accounts. [Enclosure not at this place.    See. Q. 419, p. 294.] p. 311
i August.] Unsigned   to   Fitzgibbon.    [Draft.]   Acknowledges   letter   of
7 August, and states that no action can be taken on the Act to grant
Fitzgibbon 5,000 acres of land, until a report has been received from
Sir George Arthur. Regrets that Fitzgibbon left the province
without permission. p. 310
Earl of Gosford to Lord Glenelg [Secretary of State]. Transmits
letter from M. S. Bidwell on behalf of the prisoner, J. G. Parker, and
states that Bidwell would not have made these statements unless
convinced of their accuracy. p. 314
Enclosed:
Bidwell to Gosford, New York, 18 December, 1838. p. 315
Horse Guardsl
J. Gardiner to Stephen.   Asks that a packet be transmitted to
Arthur, with the next despatches. p. 332 Q. 424, pt. 2
REPORT FOR THE YEAR 1945
Messrs. Glyn, Halifax, Mills & Co. to Lord John Russell [Secre-      1839
tary of State],    Asks to be informed of the decision on the application October 24,
of the Upper Canada banks for a copper coinage.    They have beenLombard ^t.
instructed to advance money for this coinage. p. 333
Unsigned   to   Messrs.   Glyn   &   Co.    [Draft.]   Acknowledges {qSJ&i8}^ }
letter of 24 October, and states that the Treasury cannot comply
with the application for a copper coinage. p. 335
H
J.   Hume to  W.   L.   Mackenzie.    Discusses  and  approves  of      1835
appointment of Lt.-Gov. Sir Francis Bond Head.    Urges patience December 5,
in   working   for   reform   and   acceptance   of   concessions   made.London-
Responsible government is necessary in England. p. 323
A Statement of Facts relative to the dismissal of James Howard,      1839
late   Postmaster   of  the   City   of   Toronto,   (U.C.    Toronto:   1839). March20
[Transcript.] p. 337 Toronto.'
Petition of James Howey late of the 2nd Battalion, 39th Regi- IfgS*"*
ment.    Prays   for   a   free   passage   to   Canada  for   his   wife   and
children. p. 370
Unsigned to Sir  George Arthur  [Lt.-Gov.].    [Draft.]    Directs^Sj^Swi
him to inform J. Howey that there are no funds from which a free
passage for his family could be granted. p. 372
Rev. T. D. Hincks, LL.D.    [Professor of Oriental languages at November 23,
the Royal Belfast Institution] to Lord John Russell [Secretary of Belfast. "
State].    Draws attention to affairs in Canada and persecution of
his son, Francis, because of his political principles. p. 373
C. Howard to Stephen.    Transmits papers and asks for an opinion g^-^gj1,
on them.    [Enclosures not at this place.] p. 379
[Stephen] to C. Howard.    Acknowledges letter of 11 December,gXS^Dek]
and    explains    the    difficulty    of    accepting    the    signature    on
the documents, because it differs from Sir George Arthur's usual
signature. p. 380
Sir Francis Bond Head
Head to Glenelg.    States that he is satisfied that W. P. Smith January 2,
sacrificed his salary to assist Upper Canada, during the Rebellion.     ""
Offers to advance any authorized sum not exceeding £100.        p. 385
Head  to   Glenelg.    Requests  an  answer to  his   letter   of   4T^xy]4'
December, asking for a decision on the promotion of Captain A. Drew. Atherstone.
and provision for the families of Col. Moodie and Lt. S. McCormick.
Urges these cases. p- 388
Unsigned to Head.    [Draft.]    Acknowledges letter of 2 January, f^Sfbept.]
and states that as Glenelg is satisfied with the ^ testimony given
therein, he has authorized an advance to W. P. Smith. p. 386 PUBLIC ARCHIVES
Q. 424, pt. 2
1839 Unsigned to Head.    [Draft.]    Acknowledges letter of 4 January,
January io.      and states that the necessary instructions in these cases have been
[Colonial bept.] n0nveved to Sir Georere Arthur. p. 391
1 conveyed to Sir George Arthur.
February 22,
62 Park St.,
Grosvenor Sq.
Head to Marquis of Normanby [Secretary of State]. Transmits
letter from the Attorney General of Upper Canada, with respect
to the correspondence concerning his expenses as Lt.-Gov. States
his desire to avoid a revival of the altercations between himself and
Lt.-Gen. Sir John Colborne and with the Colonial Dept. Explains
the question of his expenses. p. 392'
Enclosed:
undated
Extract of letter from the Attorney General of Upper Canada,
p. 396
Head to Sir George Grey [Under Secretary]. Lists the dates and
numbers of the despatches which should be produced in Parliament
for his defence. p. 398
Head to Lt.-Col. C. Yorke [Private Secretary to the Marquis of
Normanby], Gives the reason for desiring to prevent presentation
of one despatch- on his expenses unless the whole correspondence
is shown. Feels that this should be done in Parliament, rather
than in the Legislature. p. 401
March 7,
The Hall,
Atherstone.
Head to Labouchere. Request suppression of two expressions
in the despatches to be presented to Parliament. Explains how a
reference to his despatch respecting J. Hume, was contained in his
book.    This will be left out of the second edition. p. 404
March 8,
The Hall,
Atherstone.
Head to Normanby. Requests that instructions on the withholding of the despatch complained of, be sent to Sir George Arthur
by the packet of 16 March. States that he would rather lose his
expenses than submit to the proposed procedure which would invite
refusal. p. 408
Yorke to Head. Acknowledges letter of 8 March, and concludes
that it must have crossed the official letter on this subject which
should be satisfactory to Head. p. 411
Head to Labouchere. Acknowledges letter of 8 March and
expresses thanks for Glenelg's decision on the question of expenses.
Trusts that his motives will not be misunderstood. He will use
every exertion to prevent the discussion from coming before the
public.    Intends later to press certain claims for others. p. 412
March 11.
[Colonial Dept.]
Unsigned to Head. [Draft.] States that Normanby has
consented to delete the expression as requested by Head in his letter
of 7 March. p. 407
62PSrk'st., Head to Normanby.    Transmits papers in support of the claims
Grosvenor sq.   of Capt. A. Drew and Lt. S. McCormick, and asks that his previous
correspondence on this subject be considered. p. 414 . 424, pt. 2
Enclosed:
REPORT FOR THE YEAR 1945
(1) Col.   A.   N.   MacNab   to   Lt.-Col.   J.   Strachan   [Military
Secretary].    Transmits a statement of Drew's services. p. 422
Sub-enclosure:
Statement.
p. 423
(2) McCormick to Head, London, 2 October, 1838.    Transmits
memorial. p. 416
Sub-enclosure:
Memorial of 1 October, 1838 praying for a pension in compensation for his wounds. p. 418
Series Q. Vol. 424, pt. 3
MISCELLANEOUS, 1839
Sir Francis Head—Continued
Memorandum  on the  proposed Return  on  Head's  expenses.
Total £9,079.
Head to Marquis of Normanby [Secretary of State].    Transmits July 2,
further correspondence on his expenses and asks whether it is intended Cranford-
to pay them immediately. p. 429
p. 427 June 12,
Cranford.
Enclosed:
J. Joseph [former Civil Secretary] to J. Macaulay [Civil Secretary], Legislative Council Office, 15 May, 1839. States that he
holds Head's power of attorney and asks whether the warrant will
be issued. p. 431
(2) Macaulay to Joseph, Government House, 17 May, 1839.
Acknowledges letter of 15 May, and states that Sir George Arthur
feels that he must wait for further instructions before issuing the
warrant. p. 432
[Labouchere] to Head.    [Draft.]    Acknowledges letter of 2 July, July 8,
and states that it will be sent to Arthur with instructions to pay   ownmg
this claim. p. 433
Head to H. Labouchere.    Acknowledges letter of
expresses thanks for the satisfaction given.
July, and July 9,
p. 434Cranford-
Head  to  Labouchere.    Acknowledges  letter  of  27  July,   and My 29,
states that he has long had a certificate explaining the clerical error
whereby his salary was omitted from the Upper Canada Appropriation
Act. p. 435 104
I
PUBLIC ARCHIVES
J
Q. 424, pt. 3
Memorial of Samuel C. Johnston praying for redress against
the United States Government for his arrest on a charge of intending
to abandon paupers whom he had brought out. p. 438
Johnston to Lord John Russell [Secretary of State]. Gives
further information on his claim. of 442 .
Enclosed:
(1) Andrew Fyfe, M.D., to Sir Thomas D. Lauder, Edinburgh,
25 March, 1839.    ' p. 446
1839.
(2) Lauder to-
-, Grange House, Edinburgh, 26 March,
p. 449
(3) W. M.  Little [Clerk to Managers of West Church Poor
House] to Johnston, 4, October, 1838. p. 450
(4) Hamilton, Brothers & Co. to Johnston, Glasgow, 15 October,
1838. p. 452
(5) Hamilton, Brothers & Co. to Johnston, Glasgow, 20 October,    ,
1838. p. 455
(6) Hamilton, Brothers & Co. to Johnston, Glasgow, 26 October,
1838. p. 457
(7) Johnston & G. Petrie to Hamilton, Brothers & Co., Liverpool,
2 November, 1838. p. 459
(8) Johnston & Petrie to J. W. Shaw, 20 Regent St., 5 November,
1838. p. 461
1838.
(9) Johnston
Petrie  to  Shaw,   Regent  St.,   6  November,
p. 462
(10) Shaw  to   Johnston   &   Petrie,   Liverpool,   6   November,
1838. p. 463
(11) Johnston & Petrie to Shaw, 6 November, 1838. p. 464
(12) Johnston & Petrie to Hamilton, Brothers & Co., Liverpool,
6 November, 1838. p. 465
(13) Hamilton, Brothers & Co. to Petrie, Glasgow, 5 November,
1839. p. 469
(14) Johnston   &   Petrie  to   Shaw,   Liverpool,   6   November,
1838. p. 471
(15) Johnston   &   Petrie   to   Shaw,   Liverpool,   7   November,
1838. p. 472
(16) Johnston to Shaw, Liverpool, 8 November, 1838.      p. 473 Q. 424, pt. 3
REPORT FOR THE YEAR 1945
(17) Johnston & Petrie to Hamilton, Brothers & Co., Liverpool,
8 November, 1838. p. 474
(18) Johnston & Petrie to Shaw, 8 November, 1838.
p. 477
(19) Shaw to Johnston & Petrie, 41 Waterloo Road, 8 November,
1838. p. 478
(20) Johnston   &   Petrie   to   Shaw,   Liverpool,   8   November,
1838. p. 480
(21) Petrie to Shaw, 20 Regent St., 9 November, 1838.      p. 484
(22) Shaw to Petrie, 8 November, 1838. p. 486
(23) Aaron Clark [Mayor of New York] to Messrs. Spark & Hay,
January 9, 1839. p. 487
(24) Certificate of Johnston's arrest.
p. 488
(25) A. Gifford [Solicitor, Supreme Court] to Johnston, Edinburgh, 27 February, 1839. p. 489
(26) J.   Buchanan   [H.M.   Consul  at  New  York]  to   Messrs.
Reyburnt and Vandevoort, New York, 2 May, 1839. p. 491
Unsigned to J.  Backhouse [Under Secretary,  Foreign Office]. fcoSnMDe
[Draft.]    Transmits above papers on Jonhston's case, and asks that
they be laid before Viscount Palmerston.
p. 492
M. R. Jubies to Under Secretary of State. Asks for a printed September 27,
copy of the regulations governing grants in Upper Canada for military near Bideford,
service. p. 493 Devon'
Unsigned to Jubies.    [Draft.]    Acknowledges letter of 27 Sep-Octobers.^ ^
tember, and transmits land regulations.    Points out that these are       m
subject to change by the Upper Canada Legislature.    [Enclosure
not at this place.] p. 494
K
Memorial of Patrick Kennedy, out-pensioner, for a free passage gjJg^gJJ'
to British America. p. 496 Parish,
Meath, Ireland.],
Unsigned to  Kennedy.    [Draft.]    Acknowledges memorial and JgH^81^j
states that there is no fund from which Kennedy's passage can be
paid. p. 498
Memorial of Kennedy praying for a renewal of the order given [M*r<& 3.]
to him in March, 1831, for a grant in Upper Canada. p. 499
Unsigned to Kennedy.    [Draft.]    Acknowledges memorial andM^*^f-Dept]
expresses regret that as the practice  of  land  granting has been
discontinued, the order cannot be renewed. p. 501
Petition of William Kernahan, pensioner, for a grant of land in September 20,
Upper Canada. P- 502
37759—8 106
PUBLIC ARCHIVES
Q. 424, pt. 3
September 23.
[Colonial DeptJ
[R. Vernon Smith, Under Secretary] to Kernahan. [Draft.]
Acknowledges petition and states that the system of making free
grants has been abolished. p. 504
F. Lane to Lord John Russell [Secretary of State]. States that
Martin Whisler has moved from Detroit and is living near tfee
Mississippi. p. 506
November 27,
28 Northumberland St.,
Strand.
J. W. Lefferty to [Russell]. Transmits statement of facts
concerning the claim of Mrs. Margaret Farley. [Enclosure not at
this place.] p. 507
December 4.
[Colonial Dept.]
Unsigned to Lefferty. [Draft.] Acknowledges letter of 27
November, and gives reasons for which Mrs. Farley's claim could
not be reopened. p. 509
December 27,
Carrick on
Shannon.
M. Logan [pensioner] to Colonial Secretary. Asks what
encouragement would be held out to him to settle in Upper
Canada. p. 510
M
Memorial  of  John  McGrath for  a grant  of land  in  Upper
Canada. p. 513
March 19.
[Colonial Dept.]
Unsigned to McGrath. [Draft.] Acknowledges memorial, and
states that due to the Upper Canada Act, free grants of land cannot
be given. p. 515
March 11,
United Service
Club.
Memorandum of objections to the unions of the Canadas, by
Sir Duncan McDougall. p. 516
May 3i, Rev. G. D. Mudie to Marquis of Normanby.    States that he is
Tarcrn?PPer     an Independent,  and intends to emigrate to Upper Canada,  but
Gracechurchst.that the coloiual Missionary Society have not the funds to pay him
a salary.    Asks for a grant of land from the reserves in the Huron
District. p. 530
June 13.
[Colonial Dept.]
Unsigned to Mudie. [Draft.] Acknowledges letter of 31 May,
and states that as the disposal of lands is regulated by the Upper
Canada Act, Normanby cannot make him a grant. p. 533
J. McMillan to Russell.    Asks for assistance in getting possession
' of land in Ramsay Township for which he has paid.
p. 534
W. Morris to Russell.
Transmits copy of a protest which was
Declares that
the Select Committee on Durham's Report never met, nor were any
proceedings read in the Legislature. p. 537
December 20,
Council, entered on the Journals of the Legislative Council 3. 424, pt. 3
Enclosed:
Protest.
REPORT FOR THE YEAR 1945
p. 539
Unsigned to Morris. [Draft.] Acknowledges letter of 20 December, and states that this communication should have been
forwarded through the Lt.-Governor. p. 543
Rt. Rev. A. Macdonell
Memorial of the Roman Catholics of Upper Canada for aid
by a grant from the Clergy Reserve fund or from the proceeds of the
Jesuit estates. p. 545
Macdonell and Dr. Thomas Rolph to Normanby. Transmit
suggestions on emigration and request an interview. p. 554
Enclosed:
Suggestions. p. 555
Macdonell to Lord John Russell [Secretary of State]. Draws
attention to papers which he submitted to Normanby. p. 562
January 25.
[Colonial Dept.]
1839
Undated.
[August],
9 Cecil St.,
Strand.
[September],
9 Cecil St.,
Strand.
Macdonell   and
interview.
Rolph   to   Russell.
Repeat   request   for an
p. 563
September "2,
9 Cecil St.,.
Strand.       [
Unsigned to Macdonell. [Draft.] Acknowledges Roman pc^^De 11
Catholic memorial and states that the question of the Clergy
Reserves can only be determined with the assistance of the Legislature
or of Parliament. The Jesuit estate revenue was turned over to
Lower Canada Legislature, prior to suspension of the constitution, p. 552
N
Bishop   of   Norwich   to   Normanby.    Transmits   letter   fromgjy^'
Rev. J. C. Taylor, and asks that his claim be paid if it is fair and Norwich,
just. p. 565
Enclosed:
Taylor to Bishop of Norwich, 6 Warwick Place, Leeds, 13 July,
1839. States his claim to about £100 salary as master of Peterborough Grammar School. p. 566
Unsigned to Bisnop of Norwich.    [Draft.]    Acknowledges letter [gSa Dept.]
of 16 July and gives reason for which Taylor's case was referred to
the Legislature.    He will write again to Sir George Arthur on this
subject. p. 568
O
Memorial   of   R.    O'Neill   for   a   grant   of   land   in   Upper g^ua^ 26>
Canada. p. 571 Ireland. '
Col. W. O'Hara to [Normanby] .Complains of his treatment by Toronto.
Sir Francis Bond Head, who had him superceded as a militia officer.
This was upheld by Sir George Arthur.    Transmits papers and asks
for an inquiry. P- 573
37759—8§ -1
PUBLIC ARCHIVES
Enclosed:
(1) District General Order, Toronto, 25 October,
down regulations governing militia correspondence.
Q. 424, pt. 3
1838.    Lays
p. 602
(2) Glenelg to Arthur, No.   5,  Downing St.,   14  July,   1838.
Acknowledges despatch No. 25 of 4 June, and directs that O'Hara
be   informed   that   Head's decision   is   to   be   sustained.    [Other
enclosures not at this place.] p. 603
Daniel O'Connell to Normanby. Transmits memorial of Rt.
Rev. A. Macdonell on behalf of the Roman Catholics of Upper
Canada. Thinks that these people have strong claims on the
Government that could best be satisfied out of the Clergy Reserves,
which should be deemed public property. p. 604
Enclosed:
Macdonell to O'Connell, Kingston, 23 March, 1838. Asks him
to espouse the cause of the Roman Catholics of Upper Canada.
Transmits copy of the memorial which he presented to the Assembly
at the beginning of the present session. Declares that the Clergy
Reserves, originally intended for the Church of England, are now
a bone of contention with the Presbyterians and Methodists. Is
thinking of applying for aid from Jesuit estates in view of the work
done in Indian missions of Upper Canada. p. 605
Sub-enclosure:
Memorial.
p. 609
Jsiy23. Unsigned to O'Connell.    [Draft.]   Acknowledges letter of 9 July,
' and states that both Lord Ripon and Lord Glenelg had been favourable to grants in aid of the Roman Catholic Church in Upper Canada.
Lord Ripon had intended to provide this from the Crown revenue
and the Clergy Reserves. The former source is already overburdened,
and the latter awaits legislative settlement. p. 614
T.  Phillips, R.A. to Under Secretary.
March 27,
Hanover Sq.'    of the death of N. S. Von Schoultz.
Asks for a certificate
p. 617
April 9.
[Colonial Dept.]
Unsigned to Phillips. [Draft.] Acknowledges letter of 27
March, and states that Sir George Arthur has been requested to
furnish the certificate. p. 619
FgSSs?6' Phillips to R. Vernon Smith [Under Secretary].    Acknowledges
documents concerning the execution of Von Schoultz, and states
that the bearer has been instructed to pay the required fee.     p. 620 Q. 425, pt. 1
REPORT FOR THE YEAR 1945
Series Q. Vol. 425, pt. 1
MISCELLANEOUS, 1839
Rhodes, Beevor & Lane to Under Secretary.    Ask for hrforma-Mayne,
tion concerning the deaths of Rev. W. Sampson and of John Sampson. Lane.
The former died at Grimsby in 1822. p. 3
Rev. H. W. Rodgers to Lord John Russell [Secretary of State]. Undated,
Asks whether Samuel Manherter and his family can be assisted to SSd.
emigrate to Upper Canada.
p. 4
S. Ryckman to Secretary of State.    Transmits papers stating g^^1:
his claim and services, and asks for an investigation with the object   ami
of   obtaining   the   land   grant   to   which   he   feels   entitled   as a
loyalist. p. 6
Enclosed:
(1) Certificate of Col. R. Beasley, Barton, 27 July, 1819.    p. 10
(2) Recommendation by officers of the 2nd York   Regiment,
Hamilton, 20 February, 1837. p. 11
(3) Ryckman's petition to Arthur, undated.
p. 14
(4) Presentation of the case to Major-Gen. Sir John Harvey,
21 July, 1838. p. 19
(5) Reply of Harvey, Frederickton, 12 September, 1838.      p. 20
(6) Certificates by Lt.  George Pettit and Col.  Sir Allan N.
MacNab. p. 22
(7) Ryckman to J.  Macaulay [Private Secretary],  Hamilton,
4 June, 1839. p. 24
(8) [Ryckman] to S. B. Harrison [Civil Secretary], Hamilton,
2 July, 1839.    [Draft].; p. 25
(9) Certificate of Capt. D. K. Servos and Col. R. Beasley.    p. 27
Ryckman to Marquis of Normanby [Secretary of State].    Trans- gffiSJf16'
mits copy of a letter which he has received from the Executive '  .
Council Office, and asks to have his papers returned and his case
reconsidered. p. 29
Enclosed:
(1) Minute of Council, 8 August, 1839.    Refuses to grant land
to Ryckman. P« 33 PUBLIC ARCHIVES
Q. 425, pt. 1
1839 (2) Report of R. Bullock [Adjutant General of Militia], Toronto,
23 July, 1839. p. 36
(3) Certificate  of   Col.   R.   Beasley,   Hamilton,   9   September,
1839. p. 39
J. B. Robinson, Chief Justice
Robinson   to
 .    Asks   for   information   as   to   any
application to the United States Government respecting the destruction of the Sir Robert Peel, and whether there is a prospect of
indemnity for the owners of that vessel. p. 41
February 23, Robinson to Normanby.    Gives,  as requested by the former
Ho3 41ar ens Secretary of State, his observations upon Durham's Report. Observes
that there some misstatements in the part dealing with Lower Canada,
as well as some statements of policy couched in language which
can serve no good purpose. His concern, however, is with Upper
Canada. Durham only spent five days in Upper Canada and seems
to have been imposed on. State documents will disprove much of
what he has said, but the loyal population will read the Report with
regret and disappointment. Draws attention to his long public
service which entitles him to speak with authority. No evidence
has yet been produced in support of Durham's charges respecting
land granting and emigration, nor did he carry out the type of open
investigation commanded in his instructions. Outlines Durham's
recommendations. Discusses and opposes union of the two Canadas.
Thinks confederation is merely another way of urging union. Refrains
from comments on suggestions which are contingent on union.
Opposes Durham's plan for local government, which was based on
ignorance of existing institutions. The sixth suggestion depends
upon the nature of the general government, while the endowments
of the Roman Catholic Church in Lower Canada are already adequately protected by Act of Parliament. Defends the Legislative
Council as constituted at present. It would require some consideration before taking away from the Assembly the recently given control
over Crown lands, even though the former system was better.
Doubts that the Assembly could be induced to vote a civil list in
exchange for the Crown revenue. Opposes responsible government
The tenure of the judges has already been made secure in Upper
Canada, and Lower Canada has been invited to make similar provision. The twelfth recommendation merely urges adoption of
Parliamentary usage concerning money bills, in Canada it would
have to be carried further. Defends the Clergy Reserve endowment.
The report makes no suggestion to ensure support for civil government, which deficiency is at the root of the present troubles. Inhabitants should be given a sense of security. p. 42
Cheltenham- [Robinson to Normanby].    Makes, as requested, observations
as to the best procedure to be adopted towards the Canadas.
Suggests annexation of Montreal to Upper Canada, and of Gaspe to
New Brunswick. Outlines a constitution in which Lower Canada
would not have an Assembly for at least ten or fifteen years. Advocates regulation of language, a school in each parish, adoption of
English civil law, redistribution, and judicial reform. p. 88 Q. 425, pt. 1
REPORT FOR THE YEAR 1945
111
Robinson to Secretary of State.    Requests extension of his leave      1839
Of absence. P-  HO IS gardens
Hotel, London.
Unsigned  to  Robinson.    [Draft.]    Acknowledges  letter  of  25£prn 3.
March, and grants extension.
p. Ill
[Colonial Dept.]
Robinson to Normanby.    Transmits copy of a   resolution   ofMay27>
the Legislative Council, adhering to the opinion expressed in the
addresses of 13 and 28 February, 1838.    Opposes union and urges
that Lower Canada should continue to be governed by the Special
Council. p. 112
Enclosed:
Resolution.
p. 116
Robinson to H. Labouchere [Under Secretary].    Acknowledges May 28,
,, .... ,-, /,-. ,. .    J1 ~,    \ ,°   ,29 Half Moon
the six petitions on the cases of Canadian prisoners.    States that St., London,
as all these persons confessed, a trial was not necessary, so that ,
he has no judicial knowledge of the specific cases.    Feels sure that
the Government has reported. p. 118
Unsigned to Robinson
and asks for any other
settlement of the difficulties in the Canadas.
[Draft.] Acknowledges letter of 27 May, May 31.
. i •   i      -r»   i • ,     /    [Colonial Dept.[
plan   which  Robinson may suggest  for
p. 117
Robinson  to   Labouchere.    Acknowledges  letter  of  31
and refers to previous correspondence in which he outlined measures
for solution of the difficulties of the Canadas.    Offers to expand upon
these ideas if it would be of practical use. p. 124
Mav,June *'
J ' 29 Half Moon St.
Unsigned  to   Robinson.    [Draft.]    Acknowledges  letter  of  28g*«»5,
May, and asks for an opinion on certain specific points raised by the
petitioners in extenuation of guilt or as grounds for reversal of the
sentence of transportation.    Points out a further legal difficulty in
attempting to detain these people in Van Diemen's Land.       p. 120
Robinson to Labouchere,
gives his opinion on the points raised in connection with the cases of
Canadian prisoners under sentence of transportation. p. 129
29 Half Moon St.
Unsigned to Robinson.    [Draft.]    Acknowledges letter of 1 June, gU^k st
and states that Normanby will be pleased to receive any communication on the Canadas that Robinson may make. p. 127
Robinson to Labouchere. Acknowledges letter of 7 June, and^un|^MoonSt
regrets that he had not made himself understood in his communication of 1 June. States that as he gave his suggestions for solving
Canadian problems in his letter of 29 March, he cannot make any
further remarks until he knows the Government opinion with respect
to them. p. 134 112
PUBLIC ARCHIVES
Q. 425, pt. 1
1839 Robinson to Normanby.    Reviews correspondence with respect
June io, to the opinion which he had given on the law of treason as applies to
29 HaUMoonSt-aliens.    Draws attention to the recent discussion in the House of
Lords, and considers its implications.    Requests that the grounds
upon   which   he   gave   his   opinion   should  be   made   known   and
examined. p. 137
Jjfe8,'*,,    y Robinson to Normanby.
29HalfMoonSt.   . - ,,      ^ j      k    .
clauses of the Canada Act.
Points out legal objections to certain
p. 166
[Cakniai Dept.]        Unsigned to the Attorney General and Solicitor General.    [Draft.]
Transmits copy of Robinson's letter of 3 July, together with a copy
of the Canada Act with suggested amendments designed to obviate
the   objections   pointed   out   by   Robinson.    Requests   a   joint
. opinion. p. 176
Enclosed:
Bill, printed.
p. 174
Robinson to Labouchere.    Transmits drafts of two bills with
a short explanation of each. p. 178
Enclosed:
Draft  of  Union  Bill.    [Continued  in  Q.   425,   pt.   2.   Other
enclosure not at this place.] p. 179
Series Q. Vol. 425, pt. 2
MISCELLANEOUS, 1839
J. B. Robinson—Continued
Continuation of Draft of Union Bill enclosed in Robinson to
Labouchere, 12 July, 1839.    [See Q. 425, pt. 1, p. 178.] p. 200
36HaifMoon Robinson to Marquis of Normanby [Secretary of State].    Trans-
st., Londo^!n   mits medical certificates and asks for  a renewal   of his   leave  of
absence. p. 281
Enclosed:
Certificates.
p. 284
36HtuMH>n'st:        Robinson to Normanby.   Asks for a reply to his application
'for extended leave, p. 287
Hoteroffice' Col. C. Yorke [Private Secretary to Normanby] to J. Stephen
[Under Secretary]. Informs him that Normanby has answered
Robinson's application for extended leave, but states that an official
answer is expected. p. 288 Q. 425, pt. 2
REPORT FOR THE YEAR 1945
Robinson to  R.  Vernon  Smith  [Under  Secretary].    Acknow-      1839
ledges letter of 30 September, with a copy of Sir George Arthur's October n,
despatch.    States that he intends to return to London early nextParis-
week,   so   it   will   not   be   necessary   to   discuss   the   subject at
present. p. 293
Robinson to Lord John Russell.    [Secretary of State].    States °2S&5Lw,
with reference to Arthur's despatch of 27 August, that he will study London.
the case of the Canadian prisoners.    It can be decided in the spring
when he returns to Upper Canada.    Regrets the delay. p. 294
Robinson to Vernon Smith.    Acknowledges letter of 25 October, J^J^n Row
and states that it would seem that the removal of the cases of the Point London.
Pel£e prisoners into the Court of Queen's Bench, would seem to have
been in order to avoid delay.    Offers to call if there is any specific
question  upon  which  the   Secretary  of  State  wishes   to   consult
him. p. 297
Robinson to Russell.
Points out that the word '
- • Bridge-field
'persons'' should be substituted for "British Cottage^
subjects" and for "citizens of the United States" in the first article
of the treaty. p. 299
Memorandum on the apportionment of revenue between Upper Undated,
and Lower Canada. p. 305
[Vernon Smith to Robinson.    [Draft.]    Transmits report of the      lS40
answer given to a question asked in the House of Commons, respecting March,
Robinson's  continued  absence  from  Upper  Canada.    States  thatDownmg st#
his leave cannot be extended. p. 289
Enclosed:
Report.
p. 291
Dr. T. Rolph
Rolph to H. Labouchere [Under Secretary].    States that at the      1839
request of the British population of the colony, he has accompanied August 9,
the Roman Catholic Bishop to England in order to promote emigra- !£nd.St"
tion.    Transmits suggestion as to union of the provinces. p. 312
Enclosed:
Suggestions including proposals for government.
p. 313
Rolph to York.    Transmits a request for an interview withUndated-
Normanby. P- 352
Enclosed:
Rolph to Normanby, 12 August, 1839.    Asks for an interview
to discuss emigration. P- 353 PUBLIC ARCHIVES
Q. 425, pt. 2
August 23,
9 Cecil St.,
Strand.
Rolph to Yorke. Transmits correspondence on fugitive slaves
and asks for an interview with Normanby. He also wishes to discuss
emigration. p. 346
Enclosed:
(1) [J.] Macaulay [Private Secretary] to Rolph, Government
House, 17 May, 1839. States that the Lt.-Gov. has no information
respecting the memorial presented to Durham on behalf of the
refugees from slavery. This will be referred to the British Government but will obviously require consideration. Thinks that the
Government will hesitate before applying for trial by jury in U.C.
for offences said to have been committed in the United States,    p. 349
(2) Col. G. Couper [Secretary] to Rolph, Montreal, 25 July,
1839. Acknowledges memorial and states that it will be referred
to the Colonial Dept. p. 351
September 10, Rolph to Russell.
9 Welbeck St.,       . „      .,.r      .
Cavendish Sq.   01 fugitive slaves.
Asks for an interview to discuss the question
p. 355
September 11.
[Downing St.]
Unsigned to Rolph. [Draft.] Acknowledges letter of 23 August,
and states that instructions have been sent to Sir George Arthur
on the subject of coloured persons. p. 348
fwelbeck st* Rolph to Russell.    Asks for an interview for himself and James
Cavendish Sq.  Tullock  to  press the  claims  of the  Ursulines  and  Sulpicians  to
property which was confiscated in 1793. p. 358
September^, Unsigned to Rolph.    [Draft.]   Acknowledges letter of 10 Sep-
owmng   .    jjgjjjj^gj.^  anci states that the Law Officers have reported that no
difference is made between coloured and white persons when demands
are made for their surrender to the United States authorities.    Appeals
for schools, etc. should be addressed to the local Legislature,    p. 356
September 20, Rolph to  Russell.    Asks to be informed as to   whether   the
Cavendish Sq. Sulpician and Ursuline claims are to be reviewed by the Secretary of
State, or the Privy Council.
p. 360
gpternber2i. Unsigned to Rolph.    [Draft.]    Acknowledges letter of 16 Sep
tember, and states that Rolph and Tullock must state the case in
writing before an interview can be given.
p. 359
Rolph   to   Russell.    Refers   to   letters
the   Ursuline  and
September 24,
CavralbhSq'. Sulpician estates written by Rev. J. Holmes and J. Tullock, in 1839
Does not urge a new claim, but that an error should not prejudice their
claim.    Asks for immediate interview. p. 361
?webbeckst., Rolph to  Russell.    Transmits letter from  Rev.  N.  McLeod,
Cavendish Sq. which  shows  that  while   50,000  Highlanders  would  emigrate  to
Canada, they will not go elsewhere. p. 365
Enclosed:
McLeod to Rolph, Glasgow, 18 October, 1839.
p. 366 Q. 425, pt. 2
REPORT FOR THE YEAR 1945
115
Rolph to  Russell.    Makes  another  appeal for  protection for      1839
fugitive slaves. p. 368 FS7?Flb?rJ,
& p. uw9Welbeckst>
Cavendish Sq.
Rolph to Russell.    Asks whether the cases of the Ursulines and j^SSS^JL'
of the Seminary St. Sulpice will be reviewed.
„_* 9 Welbeck St.,
p. 370 Cavendish Sq.
Unsigned to Rolph.    [Draft.]    Acknowledges letter of 3 Novem- £°Ye^ei)12-
ber and states that the cases of the Ursulines and Sulpicians are still   ° °ma    ept'
under  consideration by the  Treasury.    Advises  Rolph to  get in
touch with that office. p. 371
Rolph to Russell.    States that he has discovered that Durham December i
ation for the plight of these people.
p. 373
Memorial of T. Spoke for the return of the sum paid for an June 13,
annuity, and for a grant of land in Upper Canada. p. 379 pb£e*hbone
Oxford St.
Unsigned   to   Spoke.    [Draft.]    Acknowledges   memorial   and June 20.
states that Normanby cannot interfere in the matter of the annuity.[Colonial Dept,]
The Upper Canada Act precludes free grants of land. p. 382
J.  E. Small to H.  Labouchere [Under Secretary]
ial of C. C. Small praying for payment of sala
since 1832 as Clerk of the Crown and.Common Pleas.
Enclosed:
Petition, Toronto, 17 May, 1839.
Sub-enclosures:
(i) Memorial of C. C. Small to Sir George Arthur.
Transmits July 3
to him 1
p. 383 v
p. 384
p. 385
(ii) Small to J. Macaulay [Private Secretary], Toronto, 20 April,
1839. p. 389
(iii) Macaulay   to   Small,   Government   House,   26   February,
1839. p. 391
1839.
(iv) Small to Macaulay, Toronto, 1 March, 1839.
(v) Macaulay    to    Small,    Government    House,
26
p.392
March,
p. 394
Unsigned to Small.    [Draft.]     Acknowledges letter of 3 July Jdyjw],-
and states that Normanby cannot interfere until the matter has been
reported on by the Legislature.
p. 396
Small  to  Labouchere.    Acknowledges  letter  of  27  July,  andg^^
urges consideration of   his   brother's case as an Executive matter Hotel. rs
rather than subject for an appeal to the  Legislature.    Feels that
justice will not be done by the Legislature. p. 397 116
PUBLIC ARCHIVES
Q. 425, pt. 2
1839 Unsigned to Small.    [Draft.]    Acknowledges letter of 29 July,
August 12.       and states that Normanby wishes to abide by the decision given, and
[Colonial bept.] cannot act on the assumption that justice will not be done by the
Upper   Canada  Legislature. p. 204
Scries Q. Vol. 425, pt. 3
MISCELLANEOUS, 1839
W. P. Smith
1839 Smith to Sir George Grey [Under Secretary].    Asks that the
Januarys,       letter which Sir Francis Bond Head gave him be signed so that he
Aideragate  can obtain the money necessary to take him back to his family   p. 404
st.
September 16,
24 Charing ,   , .
Cross, cost him his position
London.
Smith's petition stating his services during the Rebellion, which
Asks for consideration. p. 406
September li
24 Charing
Cross,
London.
Smith to J. Stephen [Under Secretary]. Makes a further statement as to the poverty to which he has been reduced as a result of
his loyalty. p. 415
Smith  to  Stephen,
about his memorial.
Asks  whether  anything  has  been  done
p. 419
24 Charing
Cross,
London.
24 Charing
Cross,
London.
[Colonial Dept.]
Smith to Stephen. Begs to be informed as to the decision on
his application.    Stresses his difficulties. p. 418
Smith to Stephen. Asks for the return of some of his documents
so that he can apply for help from some of the gentry. p. 420
Unsigned to Smith. [Draft.] States that Russell has .considered
his case and authorized a further advance of £100 on the distinct
understanding that this is in full compensation for his services,    p. 414
S°chS Smith to  Lord John  Russell  [Secretary  of  State].
Cross, London, his case and asks for reconsideration.
Restates
p. 422
October 14.
[Colonial Dept.]
Unsigned to Smith. [Draft.] Acknowledges letter of 7 October,
and states that further relief cannot be given. Points out that this
money has been given to assist him to return to his family.     p. 431
October is, Smith to R. Vernon Smith [Under Secretary].    Acknowledges
CrSs?London. letter of 14 October, and states that his application should have
received more consideration.    Asks for the return of his documents
and declares his intention of making a public appeal. p. 432
October 21.
[Colonial Dept.]
Unsigned to Smith.    [Draft.]   Acknowledges letter of 15 October,
and returns the* documents.    [Enclosures not at this place.]
.434
?oCKmfit'w., Smith to Vernon Smith.   Acknowledges letter of 21 October,
Westminster." and states that two documents are missing.    Asks that they  be
returned as soon as possible. p. 435 Q. 425, pt. 3
Smith to Stephen,
got up.
REPORT FOR THE YEAR 1945
Asks him to endorse a circular which he ha
[Stephen] to Smith.    [Draft
ber, and states that he cannot assist him to establish himself  in
England. p. 437
Westminster.
Acknowledges letter of 16 Novem- ^3S3SeD?t]
Smith to Stephen. Asks for return of the memorial which was November 20.
enclosed in his letter of 16 November. p. 438
Smith to Stephen. States that Lord Seaton had promised tog^1^12'
recommend his case to Lord John Russell, and asks whether such a Westminster.
recommendation  has been received. p. 439
Unsigned to Smith.    [Draft.]   Acknowledges letter of 12 De- ^SffifiS't 1
cember,  and   states that no application in his favour from Lord
Seaton appears on record. p. 441
Smith to Russell. Asks whether any communication has been SeKhfbit19,
received from Lord Seaton. p. 442 Westminster.
Unsigned to Smith. ' [Draft.] Acknowledges letter of 19 De- 1840
cember, and states that Russell has not received any communication January 11,
from Seaton with respect to Smith's services. p. 443 [Colonial bept.]
T. Thornely, M.P., to Grey. Asks whether a decision has 1839
been reached in the case of J. S. Howard, who was dismissed as January 31,
deputy postmaster of Toronto. Recommends consideration f or Liverpool,
him. p. 445
Unsigned  to  Thornely.    [Draft.]   Acknowledges  letter  of  31gkraary|,
January, and states that Lord Glenelg cannot consent to Howard's
reinstatement at this time. p. 448
G. S. Tiffany and E. Cartwright [for the inhabitants of Gore^u^ie,
District] to Marquis of Normanby [Secretary of State]. Transmits
a report on public meetings held in the Gore District, and points out
that action would have been taken sooner had the people been aware
that Durham's Report would not be acted upon. The proposed
Act will only be acceptable in so far as it conforms to the principles
laid down in that report. p. 453
Enclosed:
Report of meetings and resolutions taken from  the  Hamilton
Journal, 2 August, 1839. p. 456
Thornely to H. Labouchere [Under Secretary]. Draws attention ^XS-25'
to an advertisement designed to encourage emigration to Texas, and hampton.
states that that part of the world is unsuited to Europeans.      p. 449
Unsigned  to  Thornely.    [Draft.]   Acknowledges  letter   of  25jgfigfi&jj
August, and states that the   Government  has  no knowledge of a
movement to stimulate emigration to Texas.    Interference could only
take place if fraudulent practices are proved. p. 452 118
PUBLIC ARCHIVES
Q. 425, pt. 3
1839 Unsigned to T. F. Elliott [Commissioner of Emigration].    Trans
mits copy of Thornely's letter to 25 August.    [For enclosure see
KnSerDe2pt.] ^ove.] p. 451
BowaLane Rev. James Tauch [Pastor of the German Catholic Congregation]
to Secretary of State.    Introduces an Upper Canada settler, not
namedr who wishes to have certain documents legalized. p. 496
July 5,
Burlington
Hall.
July 11,
Burlington
Hall.
Bishop of Toronto
Ven. J. Strachan [Archdeacon of Toronto] to Lord Glenelg
[Secretary of State]. States his claim to the proposed Bishopric of
Upper Canada. Agrees to accept that office without addition to
his present emoluments until such time as the Clergy Reserve question
is settled. p. 518
Strachan to Labouchere.   Asks that his patent  be expedited.
p. 498
Strachan to Labouchere. Transmits papers respecting the
proposed Bishopric, and asks that the patent should not be delayed
pending a letter from the Bishop of Montreal which could not be
procured for several months. Points out that he will not receive
a salary as Bishop and that his expenses in coming to London have
been great. p. 499
Enclosed:
(1) Glenelg to Sir George Arthur, No. 192, Downing St.,
2 January, 1839. States that Archdeacon Strachan has accepted
the Bishopric of Upper Canada without any addition to his present
emoluments. Transmits letter to the Archibishop of Canterbury,
and states that both Strachan and the Bishop of Montreal are to be
notified of the erection of the new Bishopric. Unless the Assembly
will do so, Strachan will have to pay the expense of the patent,
which will be about £250. p. 505
(2) Glenelg to Archbishop of Canterbury, Downing St., 14
November, 1839. States that he will agree to the erection of the
proposed Bishopric unless there is an objection. Requests "an
opinion. p. 507
(3) Strachan to J. Macaulay [Civil Secretary], Toronto,
20 February, 1839. Acknowledges letter of that day, and agrees
to postponement of salary until the question of the Clergy Reserves
is settled. For the same reason he will pay the fees for the patent,
rather than apply to the Assembly at this time. Asks for leave of
absence to go to England to complete the arrangements. p. 508
(4) Macaulay to Strachan, Toronto, 20 May, 1839. Acknowledges letter of that day, and grants leave for six months. p. 512
July 15,
Downing St.
Normanby to Strachan. Transmits copy of a letter which has
been sent to the Queen's Advocate directing preparation of the
patent.    Strachan should get in touch with that office. p. 502 REPORT FOR THE YEAR 1945
Q. 425, pt. 3
Enclosed:
Unsigned  to  the   Queen's  Advocate.
15 July, 1839.
[Draft.],   Downing
St.,
503
Strachan to Normanby. Asks that Arthur should be notified ^aclviiie st.
that he is to retain his present emoluments until satisfactory arrangement can be made for the support of the Bishopric. This is important
because one-quarter of this income is derived from his salary as
President of King's College, and a change in that institution would
affect him seriously unless compensation was received from the
Clergy Reserve fund. p. 513
Unsigned to the Bishop of Toronto. [Draft.] Acknowledges gjj*j£ 4^t
letter of 23 August, and states that Arthur has already been furnished
with all the correspondence on the erection of the Bishopric, which
was consituted on the distinct understanding that H.M. Gov't could
not give a pledge to provide a salary. Nor does it imply that the
Gov't, has given any guarantee with respect to the emoluments
received at present. p. 515
Strachan to Russell. Expresses his views with respect to the JJgjJgjJik st
Clergy Reserve legislation, and as to means to make that fund more
productive. Asks for assistance towards rebuilding the church at
Toronto which had been destroyed by fire, and towards construction
of a garrison church. Points out that the Church of England should
receive protection equivalent to that given to the Roman Catholic
establishment in Lower Canada. Requests that Arthur be instructed
to complete the legal instruments for endowing the rectories
established by Lt.-Gen. Sir John Colborne. p. 521
Strachan to Vernon Smith.    Points out that Rev. D. Blake has October 7^
the same claim to salary as had Rev. A. Palmer. p. 535
23 Sack ville St.
Strachan to Vernon Smith,
and regrets the refusal of the request which he had made in his letter
of 23 August.    Nor does he agree to the construction put on Glenelg's
despatch of 24 January.    Trusts however that there will not be too
severe a change in his temporal circumstances. p. 537
Unsigned to Bishop of Toronto.    [Draft.]    Acknowledges letter 9jjj*£l5^ptj
of 7 October and states that according to Arthur's report, there is no     °ma
sufficient   reason   to   recommend   Rev.   D.   Blake's   case   to   the
Treasury. p. 536
Unsigned to Bishop of Toronto. [Draft.] Acknowledges letterggjJS^py
of 7 October, and states that some of the subjects referred to are
reserved for future consideration. In the meantime the Treasury
has been requested to ensure diligence and expedition in the collection
and remittance of Clergy Reserve rents. The Government cannot
assist in the rebuilding of the Toronto church, nor sanction the building
of a garrison church. The Queen no longer has the sources of revenue
which had made it possible for the King to grant communion plate
to the cathedral at Quebec. Nor can the Government intervene
in the question of the rectories. This correspondence will be
transmitted to the Governor General. p. 532 PUBLIC ARCHIVES
Q. 425, pt. 3
Unsigned   to   C.   P.   Thomson   [Governor   General].    [Draft.]
Transmits copies of correspondence with the Bishop of Toronto,
[Colonial Dept.] under dates of 23 August, 4, 7 and 16 October,
above under those dates.]
[For enclosures see
p. 517
Rev. R. Taylor
TAsto5''2© Taylor to Glenelg.    Makes a last appeal for some portion of
' the money due to him from the trustees of the Peterborough Grammar
School.    Asks also for a testimonial so that he could offer his services
to the S.P.G.
p. 540
Taylor to
memorials.
Asks for consideration of his various
p. 542
March 16,
Maida Hall,
Edgware Rd.
Taylor to  Normanby.    Transmits  letter from  Lt.-Col.  J.  P.
Oates, and urges consideration of his case. p. 543
Enclosed:
Oates to Normanby, 1 Maida Hall, Edgware Road, 15 March,
1839. Asks whether he could recompense Taylor, by'surrendering
to him his title to military lands in Upper Canada. p. 545
March 25. Unsigned to Taylor.    [Draft.]    Acknowledges letter of 16 March,
' and states that it would not be possible to concede to the ]
arrangement.
p. 547
April 8,
7 Warwick
Place, Leeds.
Taylor to Normanby.    States that he has moved to Leeds, and
that he still hopes to obtain a favourable answer to his claim,    p. 548
May 7.
[Colonial Dept.
Unsigned to Taylor. [Draft.] Acknowledges letter of 8 April,
and repeats that no further steps can be taken until the answer of
the Legislature has been received. p. 549
Taylor to Normanby.    Makes a further
that the Legislature has prorogued.
Points out
p. 550
[Colonial De 11        Unsigned to Taylor.    [Draft.]   Acknowledges letter of 14 June,
and states that no report has yet been received from Arthur,    p. 553
6Uw 27'- k Taylor to Normanby.    States that he may return to Upper
Place. Canada in the service of the S.P.G.    Asks that his claims might be
settled by granting him outfit and passage, and by permitting him
to take up the claim of his uncle, Lt.-Col. J. P. Oates, to military
lands. p. 554
tcokSa\'Dept.] Unsigned to Taylor. [Draft.] Acknowledges letter of 27 July,
and states that there is no fund from which Taylor could be granted
outfit and passage money. The Upper Canada Act makes it impossible to consent to the proposed transfer of Oates' military claim.
p. 556 Q. 425, pt. 3
REPORT FOR THE YEAR 1945
121
Taylor to Normanby.    States that he has been informed by      1839
the Bishop of Norwich as to the contents of Normanby's letter to August 7,
him.    Declares that his claim to salary came not from the fact that JjJJp^
the scholars were unable to pay, but because he had originally been    °*'
led to expect the same salary as a district schoolmaster.    The trustees
of the school sent a memorial to Glenelg, and the only reason given
in Canada for not raising his salary was that it was paid by the
Home  Government.      Regrets that he cannot receive outfit and
passage.    He is aware of the land regulations but feels that he might
be given leave to buy land on the same terms as would be given to
Lt.-Col. J. R. Oates. p. 558
Unsigned to Taylor. [Draft.] Acknowledges letter of 7 August, Ajg^6;D t]
and states that the points raised do not affect the real difficulty °° 4 ep'
which is that there is no fund from which this claim could be paid.
The Secretary of State has no ecclesiastical patronage in Upper
Canada, nor can he alter the land regulations. If Taylor is going to
the colony it will be useless for Normanby to call for a report from
Arthur, as Taylor can deal directly with him. p. 561
Taylor to J. Stephen  [Under Secretary].    Repeats his request September 3>
to be the bearer of a despatch to Arthur on his case.
W
p. 563
Sir Henry Wheatley to Sir George Grey [Under Secretary]. &RRri! W
Transmits memorial for Nancy Beford. [Enclosure not at this Palace?68
place.] p. 567
Attached:
Affidavits respecting the prisoner Paul Bedford.    These are by:
1838.
(1) Elias Snyder, 6 December, 1838.
(2) Garry V. D. Long, 6 December, 1838.
(3) P. J. Snyder, 6 December, 1838.
(4) Joseph Hart, 6 December, 1838.
(5) John G. Losee and Solomon Lossing, 10 December,
p. 568
p. 569
p. 570
p. 571
p. 572
T. G. Williams to Russell.    Thinks that much valuable informa- J*™"?; 23>
tion might be obtained on the state of Upper Canada, if no delay Place,
1 Northampton
takes place.
_.    K'JQ Hackney Road.
Unsigned to Williams.    [Draft.]    Offers to receive any commu- fegHf0^}
nication which Williams would care to make in writing. p. 574
Williams   to   Glenelg.    Expresses   his   views   with   respect   to ^^^
grievances    in    Canada.    He    has    talked    to    the    Canadian piace, m
• n    R7K Hackney.
prisoners. * p. o/o
M. Wilcox to Labouchere.    Asks for a free passage to enable^bio,gt^
him to return to Canada. P- 582 huh. 122
PUBLIC ARCHIVES
Q. 425, pt. 3
March 18.
[Colonial Dept.
June 21,
Kingston.
Unsigned to Wilcox.    [Draft.]    Acknowledges letter of 10 March
and regrets that there it no fund from which a passage could be
1 granted. p. 582
Mrs. Elizabeth Walker to Secretary of State. Transmits
petition for restoration of the pension due to her as the widow of
John Robinson, a boatswain. p. 583
Enclosed:
Petition.
p. 584
November 13,
Castlehill,
by Hamilton.
November 30.
[Colonial Dept.]
December 9.
Plymouth.
Major J. Walker to Russell. Asks for the land regulations for
Upper Canada, and the Cape of Good Hope. p. 587
Unsigned to Walker. [Draft.] Acknowledges letter of 13
November and transmits the land regulations for the Australian
colonies. Similar rules prevail in Upper Canada, but are subject to
legislative change. There are no specific rules for the Cape of Good
Hope. p. 588
James White to Stephen. Asks for leave to send sample wheat
to Canada, through the Colonial Office. p. 589
White to Stephen. States that he is about to send the wheat,
and makes further remarks concerning it. p. 593
Commander R. B. Young to Secretary of State. Asks for a
prospectus of a land grant. p. 597
W. H. Yellon to Normanby. Transmits a memorial to the
Queen. Points out that he is the person to whom Normanby sent
money. p. 598
Enclosed:
Memorial, Prescott, 26 June, 1839, stating his destitute condition
as a commuted pensioner, and asking for aid. p. 599
July 5,
Downing St.
Series Q. Vol. 425, A-C
DRAFTS OF DESPATCHES, 1838-39
With the exceptions calendared hereunder, the despatches in
these volumes are found in Series G. Vols. 86-94, [Report of the Public
Archives, 1936 and 1937.]
Lord Glenelg [Secretary of State] to Sir George Arthur [Lt.-Gov.],
private. Transmits copy of a letter from J. Stephen, enclosing
Arthur's letter of 2 June. Regrets the misunderstanding between
Arthur and himself over the appointment of a Governor General.
Reviews conversations on this subject. Points out that none of the
other Lieut.-Governors has complained. [Enclosure not at this
place.] p. 7 Q. 425, A-C.
REPORT FOR THE YEAR 1945
Glenelg to Arthur,  private.    Acknowledges letter of 5 June,       1838
discusses in detail the necessity for appointing a Governor General juiy i2,
and for co-operation with him. p. 10 Downing st.
Glenelg to Arthur, No. 141.    Acknowledges despatch No. 21, of j5Sbegt6,
30 May, and expresses surprise that the sum paid into the Military   owmng
Chest   for   sales   of   the   military   reserve   appears   to   be   below
expectation.    Reviews policy in the matter of building the Toronto
barracks, and directs payment of £10,000 out of the military reserve
sale proceeds. . p. 88
Glenelg to Arthur, No. 210.    Acknowledges despatch No. 191       1839
February 8,
of 1 January, and transmits copies of correspondence on the erection
of the Toronto barracks.    [Enclosure not at this place.]
p. AZo Downing St.
Glenelg to Arthur, No. 191.    Transmits copy of a letter addressed January i,
to the Treasury with respect to the erection of barracks at Toronto.   ownmg   ■
[Enclosure not at this place.] p. 2
Marquis of Normanby [Secretary of State] to Arthur, No. 6.
Transmits copy of a letter from the Treasury to the Ordnance, of
25 February, 1839, on the erection of barracks at Toronto. [Enclosure
not at this place.] p. 85
March 1,
Downing St.
Normanby   to   Arthur,   No.   21.    Transmits   letter   from  the^P"16.-   g .
Treasury, of 20 March, 1839, on the subject of commuted pensioners,
and directs that the necessary measures be taken and instructions
given.    [Enclosure not at this place.] p. 117
Normanby   to   Arthur,   No.   58.    Transmits   correspondence g0^ gt
between the Treasury and Ordnance on the erection of barracks
at Toronto.    [Enclosure not at this place.] p. 188
Normanby to Arthur, No. 95. Acknowledges despatch No. 134, $BM'Bt
of 8 June, stating that it is no longer urgently necessary to erect new
barracks at Toronto. The Treasury has been informed, but it has
been resolved that the sum destined for this purpose out of the sale
of the military reserve should at once be set apart. It is therefore to
be paid into the Military Chest. p. 53
Lord John Russell [Secretary of State] to Arthur.    Transmits ^JHJst18,
Treasury letter of  19  August,   on  the  Toronto  barracks.    Unless    WD1   °
some urgent reason exists, the engineer should proceed on the instructions that he has already received. p. 71
Series Q. Vol. 426, pt. 1
LT.-GOV. SIR GEORGE ARTHUR, 1840
Arthur to Lord Russell [Secretary of State.],  private.    Trans-      1840
mits resolutions passed by the Legislature. p. 3 jannuary 24.
Toronto.
Enclosed:
(1) Resolution   of   Assembly   praising   Arthur,   21   December,
1839.
p. 5 124
PUBLIC ARCHIVES
3. 426, pt. 1
Sub-enclosures:
(i) A. N. Macnab [Speaker] to Arthur, House of Assembly,
23 December, 1839.    Transmits above resolution. p. 7
(ii) Arthur to the Speaker of the Assembly, Toronto, 24 December 1839.    Expresses thanks. p. 8
(2) Resolution of the Legislative Council, 18 January,
1840. p. 10
Sub-enclosures:
(i) J. Jones [Speaker] to Arthur, Legislative Council, 18 January,
1840.    Transmits above resolution. p. 11
(ii) Arthur to the Speaker of the Legislative Council, Toronto,
20 January, 1840.    Expresses thanks. p. 12
Arthur to Russell, separate. Transmits memorial of G. R.
Grasett, an Assistant Surgeon of militia, praying for an appointment with the regular army or a staff appointment. Recommends
him. p. 15
Enclosed:
Memorial, Amherstburg, 17 December, 1839.
p. 20
Sub-enclosures:   Testimonials:
(i) Dr.   W.   Bain   to - Grasett,   Amherstburg,   14   December,
1839. p. 26
(ii) Grasett to Dr. J. Skey [Inspector of Hospitals], Toronto,
30 December, 1839. ' p. 28
(iii) Skey to Grasett, Montreal, 8 January, 1840.
p. 30
February 25.
[Downing St.]
Unsigned to Arthur. [Draft.] Acknowledges private despatch
of 24 February, and expresses gratification at the esteem with which
Arthur is regarded. p. 4
Arthur to Russell, private. States that he looks forward to being
relieved of his administration. Expresses his views on responsible
government, which is but another name for separation. Much
bitterness prevails in the present elections. p. 35
Arthur to Russell, No. 1. Reports the departure of the
Governor General, and that he has resumed office. Considers that
his position and power have been impaired by this interlude. He
will not attempt to report on the state of the province while the
present uncertainty prevails. Asks that when union is effected
he may be given passage on a war vessel, and not be detained because
of his military commission. Wishes to avoid passing through
the United States. p. 38 Q. 426, pt. 1
REPORT FOR THE YEAR 1945
Arthur to Russell, No. 2.    Transmits transcripts of Acts passed      1840
during the last session, and of two reserved bills, Nos. 1227 and 1297, March 2,
with the reports  of the  Attorney  General  on them.    Makes  noToronto-
comment since they were passed during the  Governor General's
administration.    [Enclosures not at this place.] p. 41
Enclosed:
(1) Report on Acts, 6 [sic] March, 1840. p. 55
(2) Report on reserved bills, 4 [sic] March, 1840. p. 109
Arthur to Russell, No. 3.    Acknowledges despatch of 4 July, JS^JJ'
and transmits papers dealing with the complaint of Col. W. O'Hara,
as to the injury he sustained in being superseded in the Adjutant-
General  of   Militia's   Department.     Comments  on  this   case  and
refers to previous correspondence. p. 131
Enclosed:
O'Hara to S. B. Harrison [Civil Secretary], Toronto, 14 August,
1839. Makes further representations on his case. [Other enclosures
not at this place.] p. 135
Arthur to Russell, No. 4.    Transmits Journals of the Legislative ^^3,
Council for the last session.    [Enclosure not at this place.]       p. 145
Arthur to Russell, No. 5.    Acknowledges despatch No. 30, of^ch4,
26 October, and states that J. G. Parker and other prisoners who
received a conditional pardon are residing at Rochester.    Does not
see how it would be possible to compel compliance with their promise
not to come within 50 miles of the frontier. p. 146
Arthur to Russell, No. 6.    Acknowledges despatch No. 24, ofjjg^jkj
17 October, and states that he has not been able to procure any
information respecting John Whayte. p. 148
Arthur to [Secretary of State],  No.  7.    Acknowledges despatch Toronto.'
of 23 August, and transmits as directed copy of W. H. Yellon's
memorial.    Gives reasons for which public relief cannot be given
in  this  case.    [Enclosure  not  at  this  place.    See  Q.  425,  pt.  3,
p. 599.] p. 149
Arthur   to   Russell,   No.   8.    Transmits   accounts   of   expense M^^e,
incurred in the three months during which relief has been given to
destitute commuted pensioners.    Encloses other papers and gives
reasons for which it would be better to restore pensions rather than
continue relief in kind. p. 154
Enclosed:
(1) Account of A. B. Hawke [Chief Emigrant Agent], 27 January,
1840. p. 163
(2) Memorandum of expense, 27 January, 1840. PUBLIC ARCHIVES
Q. 426, pt. 1
(3) Quarterly statement of provisions issued, Quebec, 7 December, 1839. P- 168
(4) F. E. Knowles [Deputy Commissary General] to -
Agrees with recommendations made by Hawke.
p. 169
55*jj£' Arthur to Russell, No. 9.    Transmits memorial of Rev. P. C.
Campbell, minister of the Church of Scotland, at Brockville, for
payment of a salary of £5.7.10 to which he feels himself to be entitled.
States arrangements which the Gov. Gen. was prepared to make
in this case. p. 170
Enclosed:
(1) Memorial.
(2) Attestation, Niagara, 9 December, 1839.
p. 172
p. 178
(3) Memorandum by Campbell, Brockville, 18 February,
1840. p. 179
(4) T. C. W. Murdoch [Secretary to the Gov. Gen.] to J. Morris,
M.P.P., Toronto, 14 January, 1840. p. 183
(5) Campbell to S. B. Harrison [Civil Secretary], Brockville,
18 February, 1840. p. 184
Arthur to Russell, No. 10. Acknowledges despatch No. 47,
of 19 November, and transmits report from S. P. Jarvis, Chief Superintendent of Indian Affairs, urging that the surplus Indian stores
be sent to Canada to be given as extra presents in certain cases,   p. 188
Enclosed:
Jarvis  to  R.
February, 1840.
A.   Tucker  [Provincial  Secretary],   Toronto,   19
p. 193
Arthur to Russell, No. 11. Acknowledges despatch No. 16,
of 6 October. Transmits documents and continues to urge the claims
of Rev. Messrs. B. Cronyn, D. Blake, and A. F. Atkinson, to salaries
under the arrangements of 1834. p. 195
Enclosed:
(1) Cronyn   to   S.   B.   Harrison   [Civil   Secretary],   London,
3 January, 1840. p. 199
(2) Memorial of Rev. D. E. Blake, 28 December, 1839.     p. 202
(3) Attestation by Bishop of Toronto in Blake's case, Toronto,
30 January, 1840. p. 205
Arthur to Russell.    Acknowledges despatches Nos.  36-66,  of
dates from 31 October, 1839 to 14 February, 1840. p. 219 Q. 426, pt. 1
REPORT FOR THE YEAR 1945
Arthur to  Russell,  No.   12.    Acknowledges   despatch No.  55      1840
of 26 December, and transmits papers to show how great a military March 13,
responsibility devolves upon him.    Trusts that this will answer the Toront°.'
objections made by the Secretary at War to his application for
staff pay and allowances as a major-general. p. 206
Enclosed:
(1) Memorandum by F. Knowles [Deputy Commissary General],
Toronto, 13 March, 1840. p. 215
(2) General Order, Montreal, 6 October, 1838. [Not at this
place.] p. 216
(3) Col. W. Rowan [Military Secretary] to Capt. F. Halkett
[Ass't Mil. Sec.]. Points out the necessity for securing Arthur's
sanction for military disbursements. p. 217
Arthur to Russell, No.  13.    Reports destruction by fire of a^chg3,
hotel owned by John Crow of Chatham, which took place while
that building was being used as barracks.    Transmits papers and
urges that compensation should be paid. p. 221
Unsigned to Major-Gen. Lord Fitzroy Somerset [Secretary atJg™J^stJ
the Horse  Guards].    [Draft.]   Transmits and recommends consideration of Grasett's memorial. p. 18
Unsigned to Arthur, No. 70.    [Draft.]    Acknowledges despatch p^J^ Deptj
No. 7, of 5 March, and directs that W. H. Yellon should be informed
that there is no fund from which relief can be given to him.        p. 152
Unsigned to Arthur.    [Draft.]    Acknowledges despatch No. 3,A^g^Deptj
of 2 March, and approves of policy adopted in Col. W. O'Hara's case.
No further steps are to be taken. p. 134
Unsigned to C. E. Trevelyan [Assistant Secretary, Treasury], j^^j DeptJ
[Draft.]    Transmits copy of Arthur's despatch No. 8, of 6 March,
and requests an opinion on his suggestions with respect to the proposed
restoration of pensions to commuted pensioners. p. 161
Unsigned to  Trevelyan.    [Draft.]    Acknowledges letter of  14 ^J^j Dept>1
November,  and transmits copy of Arthur's despatch No. 47,   of
19 November, with respect to surplus Indian stores. p. 190
Unsigned to L. Sulivan [Deputy Secretary at War].    [Draft.] jjcjSSi Dept.1
Transmits copy of Arthur's despatch No. 12, of 13 March, and asks
for an opinion thereon. p. 213
'   Unsigned  to  C.   E.   Trevelyan.    [Draft.]   Transmits   copy   of^£SDeptl
Arthur's despatch No. 13, of 23 March, and recommends favourable
consideration of Crow's claim to compensation. p. 224
Enclosed:
(1) Lease of premises by J. Crow, Chatham, 9 July, 1839.    p. 226 PUBLIC ARCHIVES
Q. 426, pt. 1
(2) Proceedings of a court of enquiry, Chatham, 26 January,
1839. p. 227
(3) Estimate of damage, Chatham, 25 June 1839.
continued in Q. 426, pt. 2, pp. 231, 232.]
[Enclosures,
p. 229
May 8. Unsigned to Arthur, No. 77.    [Draft.]    States that the Treasury
tCoomalD     has requested the Ordnance to forward the surplus Indian stores to
Upper Canada.    The tomahawks will not be sent as it has been
considered expedient to discontinue distribution of them.    The other
stores may be given as extra presents in deserving cases. p. 191
[D^wn'in st] Unsigned to Arthur, No. 78.    [Draft.]    States that orders have
g   .    YyQQii given to send Grasett to England, where he will be stationed
at a military hospital until he passes the examination for entrance
into the service. p. 19
Unsigned to Arthur, No. 79. [Draft.] Acknowledges despatch
No. [8], of 6 March, and transmits Treasury letter of 6 May, on the
subject of aid to pensioners.    [Enclosure not at this place.]        p. 162
June 24. Unsigned to Arthur, No. 90.    [Draft.]    Acknowledges despatch
[Colonial Dept.] No  -^ of 23 March> and gtates that the Law officers have informed
the Treasury that the Government is not bound to make compensation for the destruction of J. Crow's premises while they were used
as barracks. p. 225
May 12.
[Colonial Dept.]
July 12.
[Colonial Dept.]
July 14.
[Colonial Dept.]
Unsigned to Arthur, No. 95. [Draft.] States that the Gov.-Gen.
has sent a report which is adverse to sending the surplus Indian
stores to Canada. Measures will therefore be suspended, pending
reconsideration of the subject by Thomson and Arthur. Arthur is
to communicate with Thomson. p. 192
Unsigned to Arthur, No. 96. [Draft.] Acknowledges despatch
No. 12, of 13 March, and transmits letter of 25 May, containing the
decision of the Secretary a,t War on his application for staff pay and
allowances as a major-general. p. 214
So^nkest Unsigned  to  Arthur,   No.   97.    [Draft.]    Transmits  Order-in-
'     Council   confirming   61   Acts,   Nos.   1227-1229,   1231-1240,   1243,
1245-1249, 1252, 1260, 1262-1282, 1285-1297. p. 43
Unsigned to Lord Sydenham [Governor General], [Draft.]
Acknowledges despatch of 2 March, and regrets delay on communicating reasons for postponing decision on Acts Nos. 1238 and 1261.
The fi