BC Historical Books

BC Historical Books

BC Historical Books

Report of the Public Archives for the year 1932 Public Archives of Canada; Doughty, Arthur G. (Arthur George), Sir, 1860-1936 1933

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Array OTTAWA
F. A. ACLAND
PRINTER TO THE KING'S MOST EXCELLENT MAJESTY
Price, $1.00  DOMINION OF CANADA
REPORT
PUBLIC ARCHIVES
FOR THE YEAR 1932
ARTHUR G. DOUGHTY
Keeper of the Records
OTTAWA
F. A ACLAND
PRINTER TO THE KING'S MOST EXCELLENT MAJESTY  CONTENTS
Page
Deputy Minister's Report      4
Reports of Divisions  5
Appendix Calendar of G Series, Part III  493 Report of the Public Archives for the Year 1932
Ottawa, January 20, 1933.
The Honourable,
The Secretary of State,
Ottawa..
Sir,—I have the honour to present to you the report of the Public Archives
for the year 1932.
The appendix to the volume contains the third part of the excellent calendar
prepared by the late William Smith, Assistant Deputy Minister of the department. The despatches which relate to Lower Canada are found in the G. Series.
To add to the usefulness of Mr. Smith's work a full index of the three parts
has been prepared and published herewith. Mr. Smith had prepared a calendar
of the papers of Upper Canada found in the same series, and these will be published in due course.
The work in the department during
of the several divisions.
the ]
; year is shown in the report
The department has received from Mrs. Hubert Neilson of Neilsonville,
Quebec, an interesting collection of papers of the Neilson family, and a complete
uniform of the Quebec Militia of 1775 in an excellent state of preservation.
Some further gifts have been received from the Honourable Mary Macdonald
to be added to the collection of the late Sir John A. Macdonald. A portrait of
Mr. Miller Williams has been presented by Lady Kingsmill.
Your obedient servant,
l'-h A. G. DOUGHTY,
;.,i  ;   : Li^T •'' Deputy Minister. REPORTS OF DIVISIONS
MANUSCRIPT DIVISION
MATERIAL FROM ENGLAND
PUBLIC   SOURCES
Transcripts—
Public Record Office—
Audit Office
Series 12 and 13.   American Loyalist Claims.   Vol. 102.   Bundle
55 (Rev. John McKenna).
Colonial Office—
Series 43, Entry Books of Commissions, Instructions, Letters and
and Warrants.   Vols. 62-70.   North America General, 1822-28.
Letters from Secretary of State (Domestic).
State Papers—
Domestic Naval.    Vols. 119 and 120.    Documents relating to
Bishop St. Valier's imprisonment in England.
S.P.G. in F.P.—
Canada Letters received, 1860-67.
War Office—
Series 34.   Vols. 10-15.   Amherst Papers, 1759-62.
MISCELLANEOUS  SOURCES
Butler, J. W.
Gosse, P. H.
Hudson's Bay Company.
Knight, Capt. James (Governor Hudson's Bay, 1692).
Northcliffe Collection.
Wingfield, David.
Diary, 1838.
Journal, 1837.
Fidler's Journal, 1815.
Journal, 1827-29.
Commission and Will.
Log of 1759.
Diary, 1813-16.
MATERIAL FROM FRANCE
Transcripts—
I. Archives—
Colonies—
Series CUa
Series E.
PUBLIC SOURCES
Correspondance Générale.
Vol. 105, folios 402-448 Lettres 1763.
"   124 Décisions  1718-23.
Correspondance relative aux troupes.
Vols. 1-3.
" 5-11.
Carton 32.   Dossier Bigot.
95.       "      Coulon. PUBLIC ARCHIVES
Marine—
Series A1.   Actes du Pouvoir Souverain.   Vols. 80-86.   Recueil
Général des Ordonnances.
B3.   Lettres Reçues.    Vol. 320.    Dunkerque, 1728, éditsl
etc.    1744-1753.
D7.   Personnel Individuel.   Carton 216.   Dossier de Montbeillard.
Capton 237.   Dossier de Costebelle.
Nationales—
Series G7.   Administration   Financière.   Carton   1312.   Contrôle
Général 1673-1699.
Maritimes (Rochefort)—
Séries lev   Vol. 143, 144, Dépêches de la Cour 1747 Des Verse-
naents.
375, l'Intendant avec la Qow 1746.
Départementales—
Charente Inférieure—
Series B. 50 and 54, Amirauté de Marennes 16.79-1699.
" de Louisbourg 1727
"
de Marennes  1695.
66
%"
de Brouages 1703.
75-
Niji^ti>*
de la Rochelle.
and 81 bis
ijjjk"£;__\
1649, 1656
83
ï&k& ' *
1663.
84
WM0éM,
1664.
85
p.-p*hj>, <
1665.
187
Registre
de Guyenne 1632-1633.
189
"
1638-1648.
190
'iwsfe:'
"       1639-40.
191
Amirauté de la Rochelle 1643-1644.
240
^/.^'Si
1735.
240
■HhI
1735.
265
Registre
de Louisbourg 1718.
266 Registre de ventes, acquisitions, 173&
Diverses—
Séminaire de Missions Etrangères—
Vols. 26-31, 1764-1777.
33-38, 1782-1802.
200-214, Rome Procure 1651-1720.
Bibliothèques—
de l'Arsenal—
Bastille 12163' Dossier Porlier 1762.
de lTnstrkii
Collection Godefroy Vol. 291.
Nationale—
Fonds Français 4518-9 Receptes et dépences du Royaume 1610-1611.; ^
REPORT FOR THE YEAR 1982
Registres Epargnes 1618.
r 22595
Alsaoe etc.
22622
Gouvernement des provinces.
22623
"
"
22628
Annales 1600-1650.
1 22640-
1651-1660.
,22643
1661-1670.
22646
"  -  "
22647
"  .  "
22649
"  _  "
Collection
22650
"  .  "
Dangeau *
22651
«   _  «
22656
1667-1670.
22658
1671-1680
22669
1671-1680
! 22660
1671-1680
22669
1681-1690
22670-5    «
1681-1690:
22680
1691-1700
22682
1691-1700
^22684-90   "
im-im
Nouvelles Acquisitions 9389—Origines Françaises Amérique du Nord
les Razilly.
23607.
Collection Colbert—
Cinq cents, Vol. 20*.   Lettre a M. Talon 1669.
Mélanges de, 112 bis, fefôres 1662.
Collection Clairambault 381 MéÏMges, 1632^1635.   Vol. 93.
Collection Dupuy, Vol. 318.   Recueil de Privilèges-.
Collection Fîeury, Joly de, Vol. 2543.   Guerre dAmérique.
Collection Moreau, Vol. 841.   Fontette.
Affaires Etrangères—
Correspondance Politique Angleterre, 455-459.   Angleterre 1764.
Mémoires et Documents Asie.   Vol. 6.
Guerre
Comité du Génie (Section Technique)—
Registre 66.   Journal de Poilly.
Louisbourg 1758.
MISCELLANEOUS  SOURCES
Colbert, Receipt for Annuities, 1 October, 1681.
MATERIAL FROM CANADA
PUBLIC  SOURCES
Transcripts—
Province of Ontario—
Ottawa Protestant Orphans' Home—Record books.
Province of Quebec—
Gaspé—
Janveria Fish Company Journal, 1796-99.
Montreal—
Palais de Justice—Répertoire de N. B. Doucet, 1811-1817, 5873-
7873. 8 PUBLIC ARCHIVES
Parish Register, by John Ogilvy, 1760-64.
St. Sulpice Library—Baby collection.
Documents Divers, 1673-1865.
Lettre de la Corne, 1767-98.
New York Journal de W. Berczy, 1792-3.
Lettres Diverses, 1746-1881.
Lettres de et à Monsieur Guy.
Dossier Affaire Fleming, 1781.
Seigneurie Isle de Montréal.
Quebec—
Archives—
Notre Dame des Anges (Justice Seigneurialle).
Prévôté de-Jugements en délibéré, 1749.   Registre des Audiences,
1668.
Parish Registers—Sault au Recollet, 1765-80.
Saint Benoit.
Province of Saskatchewan—
Assiniboia Council, 1864.   Extract from Minute Book.
Originals—
Department of Indian Affairs.   Letter 29 March, 1795.   Littlehales to Chew.
MISCELLANEOUS  SOURCES
Baldwin, H., Toronto, Letters 1825-55 and 1918.
Beaudry Famille Généalogie.
Dubé, C, Voyage to the Klondike, 1895.
Hathaway, E. J., Biographical note.
Lee, C. M., Commission, 1832.
Macdonald, Sir J., " The last ten days ", by R. W. Powell.
Neilson Mss., de Salaberry-Juchereau family papers.
Oliver, D. W., Reminiscences, 1914-18.
Rennie, Major General, Toronto, letters and documents, 1812-1865.
Roussel, S The Golden Dog " Mss.
Shannon, R. W., Regina, letter, 1914, from Mr. Bryce.
Smith,   Wm.—British   Commonwealth,   1923-24;   Canadian   Post   Office;
Hudson's Bay Company publication, Sir George Simpson; Labrador;
Lafontaine letters, 1836; London Times, November 12, 1918; Marconi;
Newfoundland, Confederation with Canada.
Taché, E., Letter 1850 to Felix Têtu (from J. F. Pouliot, M.P.).
Tupper, Sir C, Campaign fund (photostat).
Young, Professor A. H., Letter Oliver Wolcott to Governor Clinton, 1779.
ISOLATED   PIECES    (VOL.   14)
1812—Document re Mackinac.
1828—Document re Drummond Island.
1840—Letter   re John Macdonald.
MATERIAL FROM ITALY
Rome, The Vatican, Archives Secrètes.
MATERIAL FROM UNITED STATES
PUBLIC   SOURCES
Michigan, University of:—
Clements Library, Henry Hamilton Journals  (Photostat). REPORT FOR THE YEAR 1932
MISCELLANEOUS   SOURCES
Emery, B. F., "Transfer of Western Posts", 1796 (Photostat).
CLASSIFICATION, INDEX AND INFORMATION DIVISIONS
CLASSIFICATION
Two hundred and twenty volumes of criminal statistics covering the years
1915 to 1927 were received and placed in Room 36. These documents were sent
to the Archives by the Dominion Bureau of Statistics, Department of Trade
and Commerce.
The classification of Active Infantry Militia pay rolls of all Canadian
regiments and battalions from 1866 to 1914 has been completed. These approximate 287,000 documents and are contained in 261 portfolios.
The nominal rolls and pay rolls covering service in the North West Rebellions of 1870 and 1886 have also been classified and placed in portfolios. They
approximate 1,800 documents.
A start has been made in the preliminary classification of early Militia
correspondence which contains reports, early returns and pay rolls. These documents have been separated and classified. The dates covered are from 1800
to 1866 and a few are of earlier date. The number of these documents is well
over 100,000.
The list of the newspapers in the Archives has been revised and brought
up to date.
RESEARCH AND INFORMATION
The number of requests for information, production of files and copy of
documents received during the year and attended to is 1,832, being a large
increase over any preceding year. The usefulness of the Public Archives is
being more and more demonstrated, every year, through its section of information.
The range of subjects has been, as usual, of the most diversified character.
With the year 1932, Canada has entered upon a series of historical centenaries ;
towns, counties, churches, etc., have celebrated or are preparing to celebrate
anniversaries and this has already entailed much work and promises to last
throughout the year 1933. Family histories and genealogies are still quite the
fashion and demand much research work. To show the variety of requests for
information I may mention, amongst others, the following subjects, the first
paper mills, the first out ovens, manufacture of stoves; the history of trunk and
valise manufactures in Canada, that of soap and perfumes, the finding and
working of salt beds, etc. They came from historians, associations, colleges,
students of all descriptions and other people from every part of Canada, the
United States and Europe. Some have even come from Australia. They were
seeking information relating to the creation of counties, towns, parishes; the
establishment of churches, schools, banks and other commercial institutions.
The construction of forts, roads and bridges, biographical and genealogical data,
grants of land, coat of arms, uniforms, etc., have all furnished their quota. Much
research work is also called for by descendants of United Empire Loyalists and
desires are satisfied in most cases.
Official information has also been furnished to the different departments
of the Provincial and the Federal Governments, particularly to the Post Office,
the Interior, the Public Works, Trade and Commerce and the National Defence. 10 PUBLIC ARGHTVE&
In the several sections, the data extracted for historical and general purposes have provea. of gyeat value and the many questions and requests for verification of militia rank and service in order to obtain pensions and for military
histories have also been dealt with.
In the Great War Section, 182 files were examined and prepared for final
custody. TM data far the researches to, this geortionv were t*kea chiefly from
Admission and Discharge Books of hospital units in the Great War and from
the files concerning administration and operation of the Canadian Expeditionary
Forces.
INDEX No. of
cards.
The index of the Quebec Gazette is being continued.   It now reaches
towards the end, of the year 1815      24,000
12,000
6,430
1,970
2,990
4,580
la Series C (Military), cards typewritten and placed in the drawers.
Four volumes of muster rolls and pay lists of the Loyalist Regimeats
which served duriaag the American Revolution have been indexed..
The register» of the Protestant Church in Montreal (baptisms, marriages
and burials) covering the years 1765-1787 were indexed	
More Canadian biographies have been indexed aad placed ia drawers..
Researches indexed	
A catalogue of the documents in Manuscript Room 32 is being
prepared in order to indicate more readily the location of the
various series and sub-series and the nature of the papers.
Total number of cards placed in their respective drawers      51,970
The cards of the several indexes of manuscripts now number over 1,750,000.
The index of the Armuaï Reports of the Public Archives, both English and
French, was continued during the year and 15,000 slips have been prepared.
They are being arranged alphabetically.
. As a reference to the "Maple Leaves" of LeMoyne has often to be resorted
to, an index of the seven volumes published under that title has been prepared,
and a copy of it was placed with this collection in the library.
There is in preparation an inventory of all material in the Manuscript
Room, original and transcriptions, bound and unbound, relating to the Provinces
of Nova Scotia, New Brunswick and Prince Edward Island.
To date over seven hundred volumes have been listed, their shelf and section
marked and the corresponding material already printed in the Public Archives
Reports paged and marked for ready reference; this will be continued until the
mass of Maritime material of every description is included.
Several weeks were also employed in assisting with the index of the Archives
Report of 1930 and 1931. At present, the entire index for " Finance, Currency
and Exchange in Nova Scotia " is in preparation and will be completed shortly.
One hundred and seventy-five volumes of the S Series have been prepared
for binding and bound.
MAP DrVISION
RESEARCH
During the last calendar year there has been considerable activity in the
Map Division. Three hundred applications were made through the post for
information concerning maps and one hundred and nineteen business and professional men consulted the documents in the Map Room, concerning legal
matters, boundary questions, water powers, etc.
A large number of maps in a dilapidated condition have been skilfully
restored and the index has been brought up to date. REPORT FOR THE YEAR 1
LIST OF ACCESSIONS*
Alberta Province-
Township 11, Range   3, West of Fifth Merid
11,
13,     '
"  Fourth     1
"         11,
14,
t       ti        it               it
12,
3,
<     " Fifth
12,
5,    •
t          It           tt                    11
19,
6,     '
t          It           It                    «
19,     '
7,     '
t          it            It                    it
20,
1,
1     " Fourth    "
20,
6,
i     " Fifth
22,     '
6,
«      n          u
24,
1
t     n      a          «
25,
'        7,
<     «      n         a
25,
20,
'     " Fourth    |
29,
20,
'     "      "          i
30,
27,
'     "      |          "
30,
28,
i     n     a          |
31,
27,
'     "     "          I
32,
4,
i       it        a               it
39,
17,
<     " Fifth
40,
L3>
'     "     "          "
42,
19,
'     "     "          "
45,
18,
i    n     n         tt
46,
19,
l          U             U                      It-
46,
23,
t        it         tt                tt
47,
'       19,
t               U                 trt                              «
47,
20,
t        tt         tt                u
47,
25,
t       tt        a               it
48,
5,
t       tt        it               it
48,
19,
i       ti        it               it
48,
20,
t       it        tt               ti
48,
25,
i       it        tt               tt
49,
19,
tt        tt               a
50,
27,
t       it        tt               a
52,
1,
t       tt        n               tt
53,
2,
t        a         tt                a
53,
12,
t        a         tt                it
54,
20,
i        «         «                tt
"         54,
21,
t        it         u                a
55,
20,
t        it         u                <(
55,
21,
'        "          "                "
59,
14,
'        "         "                "
59,
15,
'     "  Fourth     "
59,
18,
'     "      "          "
60,
13,
1     " Fifth
60,
15,
'     " Fourth    f
60,
16,
i    u     u         u
60,
18,
i       tt        a              tt.
60,
19,
t       tt        u              it
60-,
24,
i       u        it              u
70,
11,
t       it        n              it
77,
3,
'     " Sixth
77,
10,
i     u     a          u
77,
24,
'     " Fifth
78,
8,
'     " Sixth PUBLIC ARCHIVES
Township 78, Range 11, West of Sixth Meridian,
79,
79,
82,
82,
87,
87,
89,
101,
101,
101,
102,
102,
103,
103,
104,
10,
11,
12,
13,
12,
4,
26,
22,
23,
24,
22,
23,
21,
22,
22,
Artillery Lake, Northwest Territories. Topographical Map of Artillery Lake,
Northwest Territories (Exploratory). National Topographic Series. Sheets
75 N.E. and 75 N.W. Department of the Interior. Hon. Thomas G.
Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographic Survey
of Canada.
Atlas.—Saint John City & County. New Brunswick. Roe & Colby, Saint John,
N.B.   1875.
Atlas Maritimus Or a Collection of Sea-Charts, describing the Coasts, Capes,
Bays, Rivers, Roads & Ports; the Sands Shoals, & Dangers of the known
parts of the whole World. Gathered from the latest & Best Discoveries
of divers Able Navigators of Our own and other Nations.   John Seller.
Aylmer Lake. Lake Aylmer to Lake Beechey. 108-65. Geographical Sections,
General Staff, Department of National Defence.   No. 363a.
Barlow Lake. Topographical Map of Barlow Lake to Dubawnt Lake. Geographical Section, General Staff, Department of National Defence. No.
358c.    1932.
Beechey Lake. Topographical Map of Lake Beechey to Bathurst Inlet. 107-
66. Geographical Section, General Staff. Department of National Defence.
No. 363b.    1932.
British Columbia. Province of. N.W. •}, Township 6, Range 28, W. of Sixth
Meridian.
Camsell River, Northwest Territories. Topographical Map of Camsell River
(Northwest Territories). (Exploratory). National Topographic Series.
Sheets 86 S.E. and 86 S.W. Department of the Interior. Hon. Thomas G.
Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada.
Canada, Dominion of. Map of Canada. Department of the Interior. Honourable Thomas G. Murphy, Minister. W. W. Cory, Deputy Minister.
National Development Bureau. F. C. C. Lynch, Director. J. E. Chalifour,
Chief Geographer.   1930.
Index Map of National Topographic Series covering portions of Ontario,
Quebec and Maritime Provinces. Published by Department of National
Defence, and Department of the Interior. Geographical Section, General
Staff, 1932.
Coppermine River, Northwest Territories. Topographical Map of Hunter Bay-
Coppermine   River.     Northwest  Territories.     (Exploratory).     National REPORT FOR THE YEAR 1932
Topographic Series. Sheets 86K and 86J. Department of the Interior.
Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister.
Topographical Survey of Canada.   1932.
Dillon, Saskatchewan. Topographical Map of Dillon, Saskatchewan. (Provisional Edition) National Topographic Series. Sheet No. 73N. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt,
Deputy Minister.  Topographical Survey of Canada.   1932.
Dismal Lakes, Coppermine, Northwest Territories. Topographical Map of Dismal Lakes—Coppermine. Northwest Territories (Exploratory) National
Topographic Series. Sheets 86N and 860. Department of the Interior.
Hon. Thomas G. Murphy, Minister, H. H. Rowatt, Deputy Minister. Topographical Survey of Canada.
Dubawnt Lake, Northwest Territories. Topographical Map of Dubawnt Lake
to Beverly Lake. Geographical Section, General Staff. Department of
National Defence.   No. 358d.   1932.
Duck Island, Ontario. Topographical Map Ontario Duck Island. Sheet No.
30N/15. Published by the Geographical Section, General Staff, Department of National Defence.   1932.
Ferryland, Map of Ferriland, Newfoundland. W.O. 34, Vol. 12, p. 537. Copied
by C. Pettigrew at P.R.O.   Feb. 1932.
Fort Reliance, Northwest Territories. Topographical Map of Fort Reliance to
Sifton Lake. Geographical Section, General Staff, Department of National
Defence.   No. 357a.   1932.
Foster Lake, Saskatchewan. Topographical Map of Foster Lake, Saskatchewan (Provisional Edition) National Topographic Series. Sheet No. 74A.
Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H.
Rowatt, Deputy Minister.  Topographical Survey of Canada.   1932.
Frontenac County, Ontario. Map of the United Counties of Frontenac, Lennox
and Addington, Canada West. From actual Surveys under the Direction
of H. F. Walling, Putnam & Walling, Publishers.   Kingston, C. W.  1860.
Grassy Island, Northwest Territories. Topographical Map of Grassy Island to
Beverly Lake. Geographical Section, General Staff, Department of National
Defence.  No. 357c.   1932.  Also Inset—Sifton Lake to Thelon River.
Great Bear Lake, Northwest Territories. Aerial Survey of part of Great Bear
Lake, Hunter Bay, Labine Point and Conjuror Bay, N.W.T. Department of
the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy
Minister.  Topographical Survey of Canada.
Great Slave Lake, Northwest Territories. Topographical Map of Great Slave
.Lake (Eastern Sheet) Northwest Territories. Sheet 7. Department of the
Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister.
Green Lake, Saskatchewan. Topographical Map of Green Lake, Saskatchewan
(Provisional Edition) National Topographic Series. Sheet No. 73J.
Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H.
Rowatt, Deputy Minister.   Topographical Survey of Canada.
Hunter Bay, Northwest Territories. Topographical Map of Hunter Bay—
Coppermine River. Northwest Territories. (Exploratory) National Topographic Series. Sheets 86K and 86J. Department of the Interior. Hon.
Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada.   1932.
Ignace, Ontario. Topographical Map of Ignace, Ontario. (Provisional Edition)
National Topographic Series. Sheet No. 52G. Department of the Interior.
Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister.
Topographical Survey of Canada.   1932. 14
PUBLIC ARCHIVES
Iie-a-la-Crosse, Saskatchewan. Topographical Map of Ile-a-la-Crosse, Saskatchewan. (Provisional Edition) National Topographie Series. Sheet No.
73 O. Department of the Interior. Hon. Thomas G. Murphy, Minister.
H. H. Rowatt, Deputy Minister.   Topographical Survey of Canada.   1932.
Kindersley, Saskatchewan. Topographical Map -of Kaadersley (West of Third
Meridian^ Saskatchewan, Canada. Sectional Sheet No. 167. Department
of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt,
Deputy Minister.    Topographical Survey of Canada.    1932.
Kississiog, Saskatchewan. Topographical Map of Kississing, Saskatchewan,
Manitoba. (Provisional Edition) National Topographic Series. Sheet No.
63N. Department of the Interior. Hon. Thomas G. Murphy, Minister.
H. H. Rowatt, Deputy Minister.   Topographical Survey of Canada.   1931.
Labrador, Coast of. Map of the Province of Quebec and the Adjoining Coast of
Labrador.   MSS Colonial.   1929.
Lac de Gras, Northwest Territories. Lac de Gras to Bathurst Inlet. 109-66.
GeograpMcail Section, Oen«r®l Staff, Department of National Defence.
No. 362b.
Lac de Gras to Bathurst Inlet. 110-65. Geographical Section, General Staff.   Department of National Defence.   No. 362a.
Lennox and Addington Counties. Map of the United Counties of Frontenac,
Lennox and Addington, Canada West. From actual Surveys under the
Direction of H. F. Walling. Putnam & Walling, Publishers. Kingston,
C. W.   1860.
Louisburg. Projet Dun Corps De Cazernes pour huit Compagnies et Soldats
et trente deux officiers, et qui fera Etably contre le mur Crenelle de l'Enceinte de Louisbourg. 1739. Verrier. Archives Nationales Colonies Cil A
126 pièce 105.   1739.
Louisbourg, 1723. Archives Nationales, Colonies CllA, 126, pièce 10.
1723.
Plans et Profils d'une Digue et d'une porte busque'e avec des Ecluses,
que l'on propose d'Etablir uers le fond du Port de Louisbourg, pour former
un bassin, dans lequel les battimts pescheurs hiuerneronts 1739. Archives
Nationales Colonies CllA, 126, pièce 107.   Verrier.    1739.
Plan du Port et de la Ville de Louisbourg Avec ses Batteries et sa
Perspective, ou est réprésenté les batteries faites par les Anglais pour
l'attaque de la ditte Ville.   1759.
Magaguadavic River, New Brunswick. No. XXIV. Plan of the Rivers Scoudiac
and Magaguadavic from the Actual Surveys thereof made in 1796, 1797 &
1798 under the Authority of the Commissioners. Appointed pursuant to the
5th Article of the Treaty of Amity, Commerce of Navigation between His
Britannic Majesty & $ie United States of America the former of -which
Rivers was decided by the said Commissioners to be the true River St. Croix
iatended by the Treaty of Peace between those Powers. CO. Lib. New
Brunswick No. 19. 1796.
Manitoba Province—
Township   1, Range   7, East  of Principal Meridian.
10,
'      26, West
11,
'      26,     "
25,
'        5, East
27,
6,     "
27,
7,     "
28,
3,     "
28,
7,     "
31,
7, West
43,
'      25,     " REPORT FOR THE YEAR 1932
Township 48, Range 14, West of Principal Meridian.
55,
S      26,
57,
'      27,
60,
'      21,
60,
'      22,
65,
2,
65,
3,
-66,    '
'      27,
65,     f
'      28,
Plan of Sections 6 and 7, Township 17, Range 14, East of Principal Meridian.
Miminiska, Ontario. Topographical Map of Miminiska, Ontario. (Provisional
Edition) National Topographic Series. Sheet No. 52P. Department of the
Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy
Miaister.  Topographical Survey of Canada.   1932.
Mistaya, British Columbia. Topographical Map of Mistaya, British Colwobia
and Alberta. National Topographic Series. Sheet Wb. 88N/NE. Department of the Interior. Hon. Thomas G. Murphy, MinïSfor. H. H. Rowatt,
Deputy Minister.  Topographical Survey of Canada.   1931.
Montreal, %afitaec. Plan de Ville Marie dams l'isle de Montreal, Envoyé par Mr.
Denonville le 13 novembre 1685. No d'ordre 466. Mhsisbère des (Momies,
D.F.C. No. 466.   1685.
McLeod Lake, Northwest Territories. McLeod Lake to MacKay Lake
110-64. Geographical Section, General Staff. Department of National
Defence.   No. 364.   1932.
New Brunswick, Province of. Part of New Brunswick. CO. Lib. New Brunswick, No. 18.   Copied by C. Pettigrew at P.R.O.   July, 1932.   1795?
A Sketch of the Communication between the Bay of Fundy and the
River St. Lawrence by the River St. John, from Captain Peach's Observations
and route in the year 1761 and of others since that time. Endorsed-River
St. John.  CO. Lib. New Brunswick No. 13.   1761.
Map of Part of New Brunswick from Frenchman's Bay to Fredericton
CO. Lib.   New Brunswick No. 18.   1795?
Ontario, Province of. Plan of the Province of Upper Canada divided into
Counties by Order of His Excellency John Graves Simcoe, Esqre. Lt. Governor and Commander in Chief of the same, etc., etc., etc. Drawn by His
Excellency's most Obedient and most Humble Servant W. Chewett, DP.
Surveyor. Endorsed: Canada Upper Case 37 No. 53. 1793. No. 59 (Dun)
1910. F
Parent, Quebec. Topographical Map of Parent, Quebec. Provisional Edition
National Topographic Series. Sheet No. 31 O/NE. Department of the
Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister.   Topographical Survey of Canada.
Peterborough, Ontario. Topographical Map of Peterborough, Ontario. Sheet
No. 31 D/8. Published by the Geographical Section, General Staff. Department of National Defence. 1932.
Pointe-Du-Bois, Manitoba. Topographical Map of Pointe-Du-Bois Manitoba-
Ontario. Provisional Edition. National Topographic Series Sheet No
52L Department of the Interior. Hon. Thomas G. Murphy, Minister'
H. H. Rowatt, Deputy Minister. Topographical Survey of Canada.
Port Mouton, Nova Scotia. Topographical Map of Port Mouton, Nova Scotia
Provisional Edition. National Topographic Series. Sheet No 20 P/NE
Department of the Interior. Hon. Thomas G. Murphy, Minister H H
Rowatt, Deputy Minister.  Topographical Survey of Canada    193i 16 PUBLIC ARCHIVES
Quebec, Province of. Map of the Province of Quebec and the Adjoining Coast
of Labrador.   MSS Colonial.   1929.
Rae, Northwest Territories. Topographical Map of Rae (Northwest Territories)
Exploratory. National Topographic Series. Sheets 85 N.E. and 85 N.W.
Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H.
Rowatt, Deputy Minister.   Topographical Survey of Canada.   1932.
Rainy Lake, Ontario. Topographical Map of Rainy Lake, Ontario. Pro1 isional
Edition. National Topographic Series. Sheet No. 52C. Department of the
Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister.   Topographical Survey of Canada.
Reindeer Lake, Northwest Territories. Topographical Map of Reindeer Lake to
Point Lake. Geographical Section, General Staff. Department of National
Defence.   No. 356b.   1932,
Revelstoke, British Columbia. Topographical Map of Revelstoke, British Columbia. National Topographic Series. Sheet No. 82 L/N.E. Department of the
Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister.   Topographical Survey of Canada.
Rice Lake, Ontario. Topographical Map. Rice Lake Sheet. Ontario. Sheet
No. 31 D/l. Published by the Geographical Section, General Staff, Department of National Defence, 1932.
Rocky Lake Settlement, Manitoba. Plan of Rocky Lake Settlement and Lot 38
Group 371 Township 59 Range 28 West of Principal Meridian. Province
of Manitoba. Department of Mines and Natural Resources, Winnipeg
31st August 1932.
Rossignol, Nova Scotia. Topographical Map of Rossignol, Nova Scotia. (Provisional Edition) National Topographic Series. Sheet No. 21A/S.W.
Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H.'
Rowatt, Deputy Minister.   Topographical Survey of Canada.
Saskatchewan, Province of.
Township 21, Range 13, West of Second     Meridian.
33,
16,     "
"   Third
|         34,
15,     "
"       "                "
35,
17,     "
"       I                |
36,
j      31,     "
"   Principal       "
44,
'      21,     "
'   Second          "
44,
'      22,     "
t       a                ti
45,
j      10,     "
i       u                u
46,
9,     "
i      a              1
46,
10,     "
t      a              tl
47,     '
7,     "
1   Third
49,     '
'      25,     i
i               11                                  u
50,     '
!       14,     "
i              It                                u
54,   ;
'      12,     "
t       tt               tl
57,
15,     "
<       tl                tl
m   '
15,     |
t       tt               tl
61,    1
30,     "
'   Principal       "
62,     '
16,     "
<       «                a
62,     <
17,     "
t       u                u
62,
25,     "     f
t       u                ((
m  g
16,     "     '
t       u               u
63,     '
17,     "     '
t       tt                a
64,     '
16,     "     '
l              U                                tt
64,     '
17,     i     |
I      tt             tt REPORT FOR THE YEAR 1932 17
Scoudiac River, New Brunswick. No. XXIV. Plan of the Rivers Scoudiac and
Magaguadavic from the Actual Surveys thereof made in 1796,1797 and 1798
under the Authority of the Commissioners. Appointed pursuant to the 5th
Article of the Treaty of Amity, Commerce of Navigation between His Britannic Majesty and the United States of America, the former of which
Rivers was decided by the said Commissioners to be the true River St. Croix
intended by the Treaty of Peace between those Powers. CO. Lib New
Brunswick No. 19.   1796.
Seneca Villages, New York State. A Map of the Seneca Villages and the Jesuit
and French Contacts 1615-1708. Research by A. M. Stewart, Rochester,
N.Y. Alexander M. Stewart, 30 Audubon St., Rochester, NY. Author and
Publisher.  Del.  Helen M. Erickson.   1931.
Sounding Creek, Alberta. Topographical Map of Sounding Creek, Alberta, Canada. Sectional Sheet No. 166. West of Fourth Meridian. Topographical-
Survey of Canada, Department of the Interior. Hon. Thomas G. Murphy
Minister.   H. H. Rowatt, Deputy Minister.   1932.
Stony Rapids Portage, Northwest Territories. Topographical Map of Stony
Rapids Portage to Wholdaia Lake. Geographical Section, General Staff.
Department of National Defence.   No. 358a.   1932.
Taschereau, Quebec. Topographical Map of Taschereau, Quebec. Provisional
Edition. National Topographic Series. Sheet No. 32D/ NE. Department
of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy
Minister.   Topographical Survey of Canada.
Toronto, Ontario. Topographical Map of Toronto, Ontario, Canada. Sheet
No. 30 M. Published by the Geographical Section, General Staff, Department of National Defence.   1932.   G.S.G.S.   No. 361.
Wellington, Ontario. Topographical Map of Wellington, Ontario. Sheet No.
30N/14. - Published by the Geographical Section, General Staff Department of National Defence.   1932. '
Wholdaia Lake, Northwest Territories. Topographical Map of Wholdaia Lake
to Barlow Lake. Geographical Section, General Staff, Department of
National Defence.   No. 358b.
Yellowknife River, Northwest Territories. Topographical Map of Yellowknife
River to Reindeer Lake. Geographical Section, General Staff, Department
of Natonal Defence.   No. 356a.   1932.
Yoho, British Columbia. Topographical Map of Yoho, British Columbia and
Alberta. National Topographic Series. Sheet No. 82 N/SE. Department
of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy
Minister.   Topographical Survey of Canada.   1932.
I. RESEARCH
One hundred and fifty-eight special investigations were made by the
'Division, in the interest of the federal and provincial governments, public and
Private institutions, and individuals. Several of these required long and difficult
Ifesearch work. The preparation of aids to future research, particularly bibliographical and biographical, has been continued.
II. PUBLICATIONS
Work on further instalments of- the Catalogue of Pictures, and on other
proposed publications, has been temporarily suspended because of a reduction
in the staff. 18 PUBLIC ARCHIVES
III. PAINTINGS, DRAWINGS AND PRINTS
Pictures received, 253.
Volumes received (collections and catalogues of pictures), 12.
Pictures catalogued, 2,189.
More than 40,000 pictures have now been catalogued. The reorgaaization
of the files of unframed pictures, to which reference was made in the last report,
is practically complete.
IV. PHOTOSTATS AND PHOTOGRAPHS
Photostat negatives prepared and indexed, 133.
Photograph negatives prepared and indexed, 161.
During the year, 141 photographic and 337 photostatic prints of material
in the Public Archives were supplied by this Division. The large decrease in
these numbers, as compared with those of recent years, has been due to the
restrictions imposed on this service at the beginning of the fiscal year 1932-
1933.   The interest of the public in the work of the Division remains unabated.
V. LANTERN SLIDES
Lantern slides prepared and indexed, 112.
Lantern slides loaned, 756.
There are now 663 lantern slides, of many of which one or more duplicates
are available. New regulations adopted at the beginning of the fiscal year have
resulted in a decrease in the number of applications for loans.
LIBRARY DIVISION
Books and pamphlets received and card-indexed  1,190
Books loaned to students and staff  11,110
Index-cards prepared and typed  17,500
Newspaper and magazine articles classified  2,500
Researches made for bibliography and information  207
Volume II of Catalogue of Pamphlets, 1878-1931, prepared by Librarian
and issued as Archives Publication No. 13.
BINDERY DIVISION
Volumes bound  2,851
Requisitions for repairs  123
Portfolios, tagfolders, etc., for manuscripts  1,451
Maps and pictures mounted  i 325
Manuscripts repaired and bound (Vols.)  '218
Photostat maps assembled  333
In various stages of progress  237-
PHOTOGRAPHIC  DIVISION
Pages photostated  10327
Plates made " \qq
Prints from plates  ^jq APPENDIX A
(Continued)
Calendar of State Papers, Addressed by the Secretaries
of State for the Colonies to the Governors General
or Officers Administering the Province of
Lower Canada, from 1787 until 1841.
(Series G of Public Archives)
1838-1841 494 PUBLIC ARCHIVES
1838 G. 41.    (1838)
Downing st., Glenelg to Durham.   No. 129.   Requesting that Hale be required
Nov.i.      '    to pay fees for renewal of patent as Receiver General on demise of
Crown. P- 1
Downing st., Glenelg to Durham.   No. 130.   Enclosing letter from Wm. Booth
Nov. 5. respecting some property left to him in Montreal.    (Enclosure.)    p. 5
Downing st., Glenelg to Durham.   No. 131.   Acknowledging despatch No. 59
Nov-8- of Sept. 17, and calling attention to his (Glenelg's) despatch No. 72
of July 18 on same subject of militia claims to Crown Lands. As
Durham's measure was in accordance with principles of that despatch,
it was approved. Delays and obstacles interposed by officials in
Lower Canada had already engaged attention and instructions given
for corrective measures. Any other necessary measures to same end
would be approved. P- 16
Downing st., Glenelg to Durham.   No. 132.   Acknowledging despatch No. 64
Xov-9- of Sept. 2, respecting claim of T. H. Thompson for arrears of salary
as Clerk of Court of Escheats. p. 32
Glenelg to Durham.   No. 133.
Downing st., u jn my despatch of the 26 Ultimo, I abstained from any notice of
' ov'   ' Your Lordships despatch, No. 67 of the 28 September & of the obser
vations contained in Your dispatch No. 68 of the same date on the
proceedings which in your opinion ought to have been taken by Her
Majestys Government with regard to the Ordinance of the Special
Council of Lower Canada therein referred to—having thought it
desirable to reserve for a separate communication my remarks on
those subjects.
Her Majestys Government have attentively considered the statements which you have addressed to me of your views as to the legality
of that Ordinance. Without intending to enter on a legal discussion
or to offer any further opinion than that which on the authority of
the Law Officers of the Crown I have already conveyed to you on
this subject, I have to express my satisfaction that little difference of
opinion exists between Your Lordship and ourselves as to the extent
to which any valid legal objections could be urged against the
Ordinance. Waving the question of your right to send to Bermuda
persons under restraint, by virtue not of an order or sentence of transportation, but of an Ordinance of the Special Council of Lower Canada
subjecting them to banishment to that particular place it is admitted
on all hands that so far as it purported to confer on Her Majesty the
power of imposing restraint on the parties named in it while in Bermuda, the ordinance was at least inoperative—
Your Lordship has now informed me that you were always fully
aware of this defect, & that, "that part of the Ordinance was passed
with a perfect knowledge that it was wholly inoperative, & that the
Prisoners could not be compelled to remain in Bermuda, without the
adoption of measures in aid of Your Legislature by the authorities
of the Island or of the Empire". Your Lordship has further stated "it
to have been the business of Her Majestys Government on the arrival
of the Prisoners at the Bermudas either thro' the Imperial Parliament
or thro' the Local Legislature to retain them there".—Her Majestys
Government regret that until the receipt of Your recent despatches
they had no reason to believe that such was Your view or opinion
at the time when the Ordinance was passed.   Neither in Your despatch G. 41
REPORT FOR THE YEAR 1930
transmitting the Ordinance to this Country nor in your despatch to 1838
the Governor of Bermuda informing him of Your having sent the
prisoners to that place was any allusion made to your expectations
of the adoption of any such measures. As the Prisoners were sent to
Bermuda within a few days after the passing of the Ordinance, and
consequently long before it could possibly reach this Country, the
intervention of the Legislature of the Bermudas on which you now
appear to have relied could not have been made available at the suggestion of Her Majestys Government, for the purpose of authorizing
their restraint on their arrival there.
That object could only have been attained by a suggestion from
yourself to the Governor of Bermuda of the expediency of recommending to the Local Legislature an Enactment of the required character,
in case that Legislature should have been at the time in Session, and
the Governor should have thought that such a recommendation would
be favourably received.
The propriety of proposing a measure to the Imperial Parliament to supply the defect in the Ordinance did not escape the attention of Her Majestys Government. It was fully considered by them.
Your Lordship will not expect me to state in a despatch the reasons
which induced Her Majestys Government after full deliberation to
think such a course inexpedient. That I abstained from adverting
to it in my dispatch to Your Lordship of the 18th August was solely
owing to the absence of any reference in your previous dispatches to
the expectation which it appears Your Lordship entertained that such
a course would have been adopted.—
There is one other topic to which I hoped it would have been
unnecessary for me to recur, but which after the renewed allusion
to it in Your Lordship's despatch No. 66, I cannot altogether
pass over in silence.—I mean the appointment of Mr. Turton as
an Executive Councillor. I abstained from replying to Your despatch of 30th July No. 30 on this subject from a conviction that the
correspondence which had already taken place with regard to it,
could not be continued without a wide departure from the ordinary
Rules of official communications, and without exposing to needless
pain the individual who had unfortunately been the occasion of it.
The observations however which you have made in your dispatch
of the 25 September compel me to remind you that Your selection of
that Gentleman for the office of Your Legal Adviser, was made by
you without any previous communication to Lord Melbourne or to
myself, & without any knowledge on our part of Your intention, and
that as soon as it was known to us Lord Melbourne stated to you
the decided objection which he entertained to the appointment. In
consequence of this intimation from Lord Melbourne you waived the
appointment, expressing at the same time Your intention in consideration of the painful position in which Mr. Turton would otherwise be
placed that he should proceed to Canada as your private friend. It
was unquestionably the firm impression & expectation of Lord Melbourne and of myself that whatever assistance Mr. Turton might
render to Your Lordship, would be given in a private capacity and
that he was not to fill any official situation connected with Your Mission."— p44
15401-32 ..   _____ PUBLIC ARCHIVES
G. 41
1838
Downing St..
Nov. 15.
Glenelg to Durham. No. 134. "I have had the honor to receive
Your Lordships dispatch of the 9th of October, No. 80, enclosing
Copies of two Proclamations bearing date respectively the 8th and
9th of that month and published by you in the Quebec Gazette.
Of the proclamation of the 8th of October, I am commanded
to convey to you Her Majestys approval.
The Proclamation of the 9th of October, Her Majesty's confidential Advisers regard not merely as a deviation from the Course
which has hitherto been invariably pursued by the Governors of the
British Possessions abroad, but as a dangerous departure from the
practice and principles of the constitution. They consider as open
to most serious objection an Appeal by such an officer to the Public
at large from Measures adopted by the Sovereign with the advice and
consent of the Parliament.
The terms in which that appeal has in this instance been made
appear to Her Majestys Ministers calculated to impair the reverence
due to The Royal authority in the Colony, to derogate from the
character of the Imperial Legislature to excite amongst the disaffected hopes of impunity, and to enhance the difficulties with which
Your Lordships Successor will have to contend.
The Ministers of The Crown having humbly submitted this
opinion to The Queen it is, my duty to inform you, that I have
received Her Majestys Commands to signify to Your Lordship Her
Majestys disapprobation of your proclamation of the 9th of October.
Under these circumstances Her Majestys Government are compelled to admit that Your Continuance in the Government of British
North America could be attended with no beneficial results.
I presume that before your receipt of this dispatch, Your Lordship will have delivered over the Government of Lower Canada to
Sir Jdhn Colborne to whom I shall address the requisite instructions
for his guidance." p. 61
Glenelg to Colborne. No. 1. Transmitting copy of despatch to
Durham No. 126 of Oct. 26, and instructing him to regard it as
addressed to himself, so far as concerned measures for ensuring the
security of the province, and for constituting a tribunal for trial
of persons thereafter charged with treason or murder. (Despatch
No. 126 enclosed.) p. 68
Glenelg to Colborne. No. 2. Stating with reference to Durham's
despatch No. 50 of August 31, that Treasury had authorized Bishop
of Montreal to draw salary at rate of £1,000 a year from death of
Bishop of Quebec until April 1, 1838. p. 105
Glenelg to Colborne. No. 3. Enclosing papers respecting request of Samuel Fisher for assistance in recovering property from a
bankrupt.    (Three  enclosures.) p. 108
Glenelg to Colborne. No. 4. " The views of Her Majesty's
Government as to the proper course to be taken for the protection of
the Loyal Inhabitants of Lower Canada against the intrigues or
violence of the disaffected, have been fully stated in my Despatch
to the Earl of Durham of the 26th of October No. 126, a Copy of
which I enclosed for your guidance in my Despatch of the 15th of
this Month, No. 1. It may however not improbably occur to you
that Lord Durham's Proclamation of the 9th of October, has to some
extent, superseded the instructions contained in my Despatch of the G. 41
REPORT FOR THE YEAR 1930
26th October, which was addressed to His Lordship before I was 1838
aware even of the existence of that proclamation. I am therefore
anxious to relieve you from any embarrassment which you may feel
in acting upon instructions incompatible with some passages of a
Public Proclamation so recently addressed to Her Majesty's Subjects
in North America by the Officer representing The Queen in that part
of Her Majestys Dominions.
In my Despatch of the 18th of August No. 89, written on the
unhesitating assumption that the disallowance of the Ordinance, 1
Vict: Cap. 1, did not bring within the reach of the General Amnesty
of the 28th June the persons who had been expressly excepted from it,
I explained the course which it would be proper for the local Government to pursue respecting them. I must suppose, altho' Lord Durham's Despatch is silent on that subject, that his Lordship did not
proceed to a public announcement of the opposite Construction of the
Law, except in submission to some legal authority to which he considered himself bound to defer. But whatever may have been the
weight due to that Authority, Her Majesty's Government must regard,
both as unnecessary and inexpedient, the public declaration by the
Governor of the Province of a legal right, of which Her Majestys
Confidential Advisers did not admit the existence. It was a question
which, if raised by any of the parties more immediately interested,
should under such Circumstances have been left by the Local Government to the decision of the Legal Tribunals of the Province. Her
Majesty's Ministers adhere to their Original view of this question.
They see no reason to retract or qualify the opinion that the
amnesty acquired no new force or extension by the disallowance of
the Ordinance. It is however needless to pursue a discussion which,
under the altered Circumstances of the Case, could lead to no practical
result. The Proclamation of the 9th of October has given to the
Amnesty of the 28th of June a construction which, however erroneous,
pledges the faith of the Government for the impunity of all Political
offences, by whomsoever committed, previously to that date.
At the same time I cannot suppose that there is any reason for
regarding the return of the exiles to Lower Canada with less apprehension now, than was felt and expressed by Lord Durham himself
in the Month of June. The evil is indeed greatly aggravated, for they
will return not as objects of the Royal Clemency but in an apparent
triumph over the Government and the Law.
Lord Durham's public announcement of the impunity of these
persons was not even qualified by a reference to that condition of the
Amnesty of the 28th June which required those who should claim the
benefit of it to give such security for their future good and loyal
behaviour as the local Government might direct. Her Majesty's
Ministers are however of opinion that this condition is still binding
and that you are at liberty to enforce it in any case in which you
may consider such a measure desirable.
I trust, that the course of proceeding which my Despatch of the
26th of October contemplates will be sufficient to protect the loyal
Inhabitants from the suspense and agitation Which might result from
the unrestrained attempts of the disaffected to propagate their own
views and to excite disorder—But it cannot be too clearly understood
nor too generally made known, that Her Majesty's Government are
resolved and prepared to use all the resources at their command for
this purpose.   If the measures which I have already pointed out in
15401—32_S PUBLIC ARCHIVES
G. 41
my Despatch of 26th October should be inadequate to that end, you
may rely on the unequivocal sanction and firm support of the Ministers of the Crown in any further proceedings which in the exercise of
your powers as Administrator of the Government you may take for
defeating intrigues against the public peace and the Royal Authority
even though these intrigues should be conducted in such a manner
as not to render the Authors of them amenable, to the Legal Tribunals in the ordinary course of Law.
You will have observed that the instruction under the Sign
Manual of the 13th April last authorizes the Officer administering
the Government of Lower Canada for the time being in the absence
of the Governor General to appoint Special Councillors for the purposes of the Act 1 Vic. Cap. 9." p. 124
Glenelg to Colborne. No. 5. Notifying him that his emoluments would be on same footing as before Durham's arrival,   p. 135
Glenelg to Colborne. No. 6. "In my Dispatch of the 26 Octr.,
marked Confidential, I called the attention of the Earl of Durham to
the intelligence which had been transmitted to Her Majesty's Government by Mr. Fox of extensive preparations alleged to have been made
on the American Frontier for an attack on the possessions of Her
Majesty in Canada—and I expressed the confidence of Her Majesty's
Government that no precautions would be omitted by Lord Durham
in conjunction with yourself & the Lt. Governor of Upper Canada to
provide for the security of the Provinces in case any such designs as
those referred to by Mr. Fox should be really entertained. From
Lord Durham's Dispatches No. 84, of the 16th October, & No. 89, of
the 20th Octr., both of which reached this Office on the 20th inst.,
Her Majesty's Government regret to learn that the intelligence communicated by Mr. Fox had been confirmed from other quarters, and
that while his Lordship had great reason to apprehend that there
had been suddenly formed throughout the Bordering States a widely
ramified conspiracy bent on the invasion of the British Dominions
in America, be at the same time entertained no doubt of the existence
of an organization of the disaffected in Lower Canada which might
lend a most pernicious aid to any attack from without.
From the latest communication from Mr. Fox to Her Majesty's
Government dated the 18th Octr., I am induced to hope that the
apprehension of a combined and organized attack from without may
have been in some degree exaggerated, and I am happy to observe
that Mr. Fox was inclined to believe that if peace should be preserved
during the winter within the British Provinces, the alarm would
result in nothing worse than frequent & idle threats of invasion,
which, though harrassing to Her Majesty's Troops, and vexatious &
irritating to the Loyal inhabitants on the Frontier would cause no
serious injury.—At the same time it is impossible with the vague
and uncertain information which we possess to trust to anything but
the ability to meet and repeal hostile aggression. Her Majesty's
Government, therefore, cannot hesitate to approve of the precautions
which at the suggestion of Lord Durham you were about to take for
this purpose. They feel entire confidence in your foresight, energy,
& judgment, and with the means at your disposal, they can entertain
no apprehension as to the result of an attack on either of the Canadian Provinces from the American Frontier. I trust indeed that the
preparations which you may have found it necessary to make may G. 41 REPORT FOR THE YEAR 1930
have been on a less extensive scale both as to men and expenditure
than was anticipated by Lord Durham, but the sources of information to which you have access will enable you to judge more correctly
than we can do at this distance of the nature & extent of the danger
and as to the preparations that may be necessary for encountering
it—, Her Majesty's Government can impose on you no further
restrictions than those which your own experience and a regard to
the public interests would dictate.
Her Majesty's Government have not perused without grave concern the description given by Lord Durham of the internal state of
the Canadas. I am unwilling to enter into a discussion as to the
causes of the prevailing excitement of the public mind in those provinces, but when I find that feeling ascribed to a prospect of a new
change in the system of Government and to the disturbance by the
Acts of Her Majesty's Ministers of a settled Policy which had been
judged both by its advocates & its opponents to have been definitively
adopted, I cannot refrain from observing that I consider it to have
been the duty of the Local Government to have omitted no means of
removing from the minds of the inhabitants so erroneous an impression, and of assuring them of the fact that the general Policy pursued
by Lord Durham from the commencement of his Administration to
the period when he first announced his intention of resigning his Office
had met with the cordial approbation of Her Majesty's Government.
The disallowance of the Ordinance 1. Vict: Cap: 1.—the grounds of
which disallowance have been long since fully explained, was accompanied with the most explicit assurance of the undiminished confidence
of H.M. Government in Lord Durham, & of their entire approval of
the object & spirit with which that Ordinance had been framed. It
was further accompanied with suggestions calculated to obviate the
evils which the disallowance of the Ordinance might otherwise have
been expected to produce. H.M. Ministers cannot admit that Lord
Durham was entitled to devolve on them the responsibility for the
rejection of those suggestions, & for the impression which appears to
have consequently prevailed in Canada, that the Loyal Inhabitants
of the Province were to look for no support from this Country, &
that the system of Government was again to be changed. At the
same time, they deeply regret the public declaration by which the
Individuals comprised in the provisions of the Ordinance have, contrary to the express views & opinion of H.M. Government been encouraged to return to the Province, & that too at a moment when it is
alleged by Lord Durham himself that " the indications of Conspiracy
& dangerous designs, are numerous & undeniable & that a formidable
organization, bound together by Secret Oaths & Secret signs, undoubtedly exists." To allay the excited feelings of which there is unhappily
too conclusive evidence, to remove the erroneous apprehension of a
change in the system of Government,—and to restore a confidence in
the determination of Her Majesty's Ministers to support and protect
the Loyal Inhabitants of Canada will be the end to which you will
direct your earnest and unremitting endeavours. My recent instructions render it superfluous for me to address to you in this Dispatch
any specific directions as to the measures to be adopted for counteracting the intrigues and designs of the disaffected. My chief object,
at present, is to impress on you the no less important duty suggested
by the Dispatches before me of re-assuring the Loyal and Faithful
Subjects of Her Majesty in the Province, and of strengthening their
attachment to their Sovereign and to the British Empire." p. 138
1838 PUBLIC ARCHIVES
G. 41
1838
Downing St.
Nov. 24.
Glenelg to Colborne. (Separate.) Referring to despatch No. 6
of same date, Colborne was enjoined to restrain within narrowest
limits possible the raising and arming volunteers to meet crisis. The
increase of existing animosities by arming one part of population
against another and the fostering in one class a taste for excitements
of military life were evils of greatest kind, only to be justified by overruling necessity. There was also question of expense which was
embarrassing Government. Suggestions made for reducing this
expense, and memorandum sent for guidance, of arrangements for
employing volunteers in recent Kaffir War at Cape of Good Hope.
(Memo, enclosed.) P-150
Glenelg to Colborne. No. 7. Enclosing copy of letter from
Messrs. Kearsey, Hughes and Thomas soliciting assistance in recovery of property from bankrupt.    (Enclosure.) p. 161
Glenelg to Colborne. No. 8. Acknowledging Durham's despatches
Nos. 55 and 56 of Sept. 13, and stating that rules of service preclude
granting pensions to J. G. Naacke and Samuel Brogden. p. 169
Glenelg to Colborne. (Circular.) Requesting return of number
of seamen and marines sent to Colonial Hospitals between 1830 and
1836 (inclusive.) p. 171
Glenelg to Colborne. No. 9. Drawing attention to despatch
No. 53 of March 30, with address from House of Lords, for certain
returns relating to Clergy Reserves, and asking that information be
furnished. p. 172
Glenelg to Colborne. No. 10. Acknowledging Durham's despatch
No. 93 of Oct. 20, calling attention to Passengers Act and its administration, and enclosing copy of Dr. Poole's evidence. It would appear
that Durham was not aware subject was dealt with in despatch to
Gosford dated Sept. 12, 1836, and no further representations had been
made on subject to Colonial Secretary. If there were reports from
Dr. Poole in Quebec, they should be sent to him. p. 174
Glenelg to Colborne. No. 11. Transmitting, in connection with
Gosford's despatch No. 108 of Oct. 24, 1837, and Glenelg's No. 51 of
March 20, letter from Treasury explaining why it would be inexpedient that privilege of franking should be granted to principal officers of
Government in Lower Canada.    (Enclosure.) p. 181
Glenelg to Colborne. No. 12. Acknowledging despatches Nos. 1,
3-6, and confidential of Nov. 5, reporting his assumption of Government, the breaking out of insurrection on Richelieu, proclamation of
Martial Law in District of Montreal, and entire dispersion of insurgents. Governor's proceedings were approved; and praise bestowed
for gallantry of Militia. p. 189
Glenelg to Colborne. No. 13. Acknowledging Durham's despatch No. 95, of Oct. 22, and stating that Colborne's reports to the
Commander in Chief had been transmitted to him, with reference to
necessity of strengthening the military forces in Canada. Account
was given of additional regiments which were being sent to Nova
Scotia where they would be available for service in Canada if required, p. 193
Glenelg to Colborne. No. 14. Stating protest had been received
from J. H. Kerr, acting for a sister of Miss Sophia S. Holland, against
granting whole sum of £500 to latter as granddaughter of Major G_ 41 REPORT FOR THE YEAR 1930 501
Holland, in compensation for garden of Chateau St. Louis, which    1838
belonged to Major Holland.   It was claimed that Mr. Kerr's client
was entitled to share equally in grant.   Instructions given to have
papers sent to Colonial Secretary. P-198
Glenelg to Colborne.   No. 14 A.   Announcing that Government Downing St.,
had decided to appoint him Governor General of British North   ec-
America, pending appointment of permanent successor to Durham.
His powers would be the same as those conferred upon Durham.
These were to be found in Despatch No. 8 of April 3, 1838.      p. 200
Glenelg to Colborne. (Separate.) Transmitting four commis- Downing st.,
sions appointing him Governor of Upper and Lower Canada, Nova Dec-12-
Scotia and New Brunswick with instructions; also commission appointing him Captain General and Governor in Chief of British North
America. Commission appointing him Governor of Prince Edward
Island would be sent direct to Lieut. Governor of that colony, as it
contained provision for separation of Legislative and Executive
Councils. P- 204
Glenelg to Colborne. No. 15. On provision to be made forgOTjigSt.,
families of those who had fallen in engagement with rebels in Lower
Canada. Officers and men in militia and volunteer corps, woimded,
and widows of those killed in active service, were to be treated as
regards pensions and gratuities in same manner as if these corps belonged to regular forces. The families of Chartrand and McKechnie
should receive gratuities payable out of Provincial revenues. List of
other special cases should be submitted to Colonial Secretary,    p. 207
Glenelg to Colborne.    No. 16.    Acknowledging Durham's des-Downing st.,
patches Nos. 91 and 98 of Oct. 20 and 25, and conveying approval of Dec-|
the appointments of James Stuart as successor to Chief Justice Sewell,
of Solicitor General O'Sullivan to succeed Chief Justice Reid, and of
Andrew Stuart to be Solicitor General. P- 214
Glenelg to Colborne.   No. 17.   Acknowledging despatch No. 4 of Downing st.,
Nov. 17, and stating that ordinances accompanying despatches were Dec-   \
under consideration.   Enquiring names of Special Council.       p. 217
Glenelg to Colborne.   No. 18.   Transmitting Order in Council Downmg st.,
disallowing ordinance " to provide for the security of the Province Dec- "•
of Lower Canada." P-220
Enclosure:— Dec.n.
Extract from Report of Committee of Council for Trade for disallowing an Ordinance passed in Lower Canada in June 28, the ground
being " because so much of it as relates to the custody of the persons
therein mentioned in the Bermuda Islands was beyond the competency
of the Governor and Special Council by whom the said Ordinance was
enacted." P-222
Glenelg to Colborne. No. 19. With reference to Governor's Downing st.,
despatch to Lord F. Somerset of Oct. 31, with correspondence with *><*• a
Sir George Arthur respecting measures for defence of Upper Canada,
entire approval was conveyed of arrangements outlined for defence of
both provinces, and of general views expressed to Arthur. Latter was
instructed that all arrangements of that nature should be subject to
concurrence of Colborne. P- 225 PUBLIC ARCHIVES
G. 41
Glenelg to Colborne.    (Confidential.)
" Her Majesty's Government have had under their consideration
a Dispatch from Mr. Fox dated the 19 Ulto., reporting the events
connected with the affairs of Canada which up to that date had come
to his knowledge, and the representations which he had addressed on
the subject to the Government of the United States.
As Mr. Fox is in direct Communication with you and as the circumstances which he reports are the same as those of which I have
also received information from you, it is unnecessary tha-, I should
recapitulate the substance of his Dispatch—I proceed therefore at
once to inform you of the views which Her Majesty's Government
entertain of the more important points adverted to by Mr. Fox.
In respect to the number & size of the Vessels employed in the
Canadian Lakes Her Majesty's Government approve of his suggestion
that no communication should at present be addressed to the United
States Government. If any representation is made to Mr. Fox by the
Government of the United States upon this subject Mr. Fox will be
instructed to say that he will immediately transmit such representations for the consideration of Her Majesty's Government, and that he
is persuaded that the United States Government, animated by a sincere desire to perform the duties of good neighbourhood towards
Great Britain, will give Her Majesty's Government Credit for being
anxious to keep within the letter of the Agreement of 1817, as far as is
consistent with the paramount consideration and imperative duty of
Self Defence. Mr. Fox will add that the Agreement of 1817 contemplates a State of Peace between the two Countries, and limits the
■ amount of Naval Force on both sides to the extent which may be
sufficient for ordinary purposes of police during Peace; and if the Government of the United States had been able by the exertion of its own
Authority to prevent open War from being carried on against the
British Possessions by Citizens of the Union, Her Majesty's Government would have had no sufficient reason for aiming beyond the limits
prescribed by the Agreement of 1817; but the power & authority of
the United States Government have been insufficient to preserve
Peace between the people of the two Countries, and although the
most friendly relations subsist between the two Governments, yet
large Bodies of Armed Citizens of the United States have made War
against the British Territory.
In this strange and anomalous state of things, the Possessions of
the British Crown being hostilely invaded by a People whose Government is at peace with Great Britain, Her Majesty's Government
must consider themselves released from all restrictions as to the
Nature and extent of the Means which it may be necessary for them
to employ, in order to repel invasion, and to defend from attack the
Possessions of the British Crown.
With respect to retaliatory incursions into the United States, Mr.
Fox will be instructed to state to the Government of the United
States that H M Government would very sincerely regret the occurrence of any case in which it would be necessary for H.M. Troops or
armed subjects to pursue bands of Rebels or Pirates beyond the Frontier of the British Possessions, and that Her Majesty's Government
hope and trust that no such case of necessity will occur; but that
nevertheless it might happen that a Band of Plunderers having organized and armed within the United States, in spite of the Vigilance of the
United States authorities, might, notwithstanding all the endeavours
of those Authorities, cross over the Boundary Line and invade the G. 41
REPORT FOR THE YEAR l
Possessions of the British Crown; and that it is possible Her Ma- 1838
jesty's Forces, after having defeated and dispersed those Bands, might
be obliged, with a view to their more complete destruction, to pursue
them for a short way across the Frontier: But that H.M. Government are persuaded that if this should unavoidably happen, the United
States Government will see in the circumstances of the moment a
sufficient excuse for the irregularity, and will not take it ill, if acts of
positive War against Great Britain committed by individual citizens
of the Union should lead, not to retaliation for the sake of vengeance,
but to some little overstepping of the Boundary of the Union, for the
purpose of more effectually abating a danger which the authorities of
the States, would, in such a supposition, have been unable to control.
Having thus placed you in possession of the purport of the communication which Mr. Fox has been instructed to address to the Government of the United States, I have to add that notwithstanding
the nature of that communication, H M Government would very
much regret that any circumstances should occur which might afford
to the Govt, of the United States even a plausible pretext for complaining of the invasion of their territory by HM. Forces or armed
subjects, or which might increase the risk of hostile collisions between
the two Countries. As I am persuaded that you concur in these
sentiments I have no doubt that you will use every exertion to prevent the violation by British subjects of the United States territory,
notwithstanding the unjustifiable proceedings to which the loyal inhabitants of Canada have been exposed by Brigands from the United
States.
I have to request that you will confidentially communicate the
purport of this Despatch to Sir G. Arthur." p. 229
Glenelg to Colborne.  No. 20.   Transmitting Order in Council of Downing st
Dec. 12, approving of Report of Committee of Privy Council for Deo-16-
Trade and Foreign Plantations recommending that Ordinances passed
in April and May No. 1 to No. 24, except Nos. 2 and 14 be left to
their operation.   (Order in Council not herewith.) p. 242
Glenelg to Colborne.   No. 21.   Enquiring on behalf of man's Downing st
mother, for information respecting T. Ostell. p. 243 Deo-18<
_ Glenelg to Colborne.   No. 22.   Stating that Mr. Roebuck com-P°™«sst
plained that the provision to defray contingencies of late House of     '   '
Assembly did not mention his salary as agent for Lower Canada for
1836 and 1837, and requesting explanation. p. 248
Glenelg to Colborne.   No. 23.   Stating, with reference to Dur- Downing st
ham's despatch No. 114 of Nov. 1, that Treasury had directed pay- Deo-21-
ment of expenses sanctioned by him on account of survey of Welland
Canal. p. 253
Glenelg to Colborne. No. 24. Acknowledging Durham's des- Downing st
patch No. 107 of Oct. 30, with a copy of his proclamation respecting Dec-r
" Squatters " who had settled and cultivated portions of the Crown
Lands without title, and approving of arrangement to give these
squatters right of pre-emption of land on which they were settled to
extent of 200 acres each, at upset price of land in the district. Precautions to be employed to prevent imposition. p. 256
Glenelg to Colborne.   No. 25.   Stating, with reference to Dur- Downing st
ham's despatch No. 110 of Oct. 30, that 11 convicts whose names are d®0-22-
given arrived at Liverpool on Dec. 18, and were placed in jail there.
Discrepancy noted between Judge's reports and particulars given in PUBLIC ARCHIVES «J- 41
despatch, for which explanation was requested.   Under peculiar circumstances, Durham's resolution to carry into effect sentence of trans-->
portation notwithstanding instructions of May 25, 1837, was approved,
as state of jails must have rendered this measure inevitable.        p. 265
Glenelg to Colborne. (Circular.) Stating that arrangement
had been made for supplying annually to each of the colonies, so many,
copies of Imperial Acts as may be required for the respective legislatures and courts of justice. P- 269
Glenelg to Colborne. No. 26. Transmitting correspondence from
Treasury respecting payment of £200 sterling to Major Hall, Asst.
Quarter Master General on account of secret service, and directing
that, if this sum was properly payable from Colonial funds, it be
repaid from Military Chest in Canada.    (Four enclosures.)       p. 272
Glenelg to Colborne. No. 27. Stating, with reference to Durham's despatch No. 62 of Sept. 19, that Treasury desire further information to enable them to deal with question of stationing in St.
Lawrence a Government steamer of light draft for service of Governor.
(Enclosure of letter from Treasury.) p. 278
Glenelg to Colborne. No. 28. Stating with reference to Durham's despatch No. 109 of Oct. 30, that on recommendation of Secretary of War, Treasury had consented to grant of allowance to troops
serving in Canada to enable them to defray expense of additional
clothing. p. 291
Glenelg to Colborne. No. 29. Acknowledging despatch No. 9 of
Nov. 27, and directing that Mr. Harwood be informed that, after
reconsideration, he could not admit claim of grand daughters of M.
Lotbinière to 150,000 acres of land under Order in Council dated 1776.
.   p. 295
Glenelg to Colborne. No. 30. Stating that Treasury, after consideration of despatch of Oct 12, had no fund at their disposal from
which pension could be granted to Donald McGillis for services in first
and second American wars, but that case should be laid before Legislature of Upper Canada for sympathetic consideration. p. 299
Glenelg to Colborne.   No. 31.   Stating with reference to his despatch of 13th inst. marked separate, that Admiralty had issued instruc-i
tions for preparation of his commission as Vice-Admiral of Upper and
Lower Canada, of Nova Scotia, New Brunswick and Prince Edward
Island. p. 304
Glenelg to Colborne.    (Confidential.)
"Before you can receive the present dispatch, you will in all probability have already been obliged to perform the duty of determining
upon the fate of the persons convicted of participating in the late
transactions in the Canadas. Her Majesty's Government have no
doubt you will have acted in the difficult circumstances in which you
are placed in the manner most calculated to ensure the future peace
of Her Majesty's North American Dominions. We are aware that
the crisis demands promptitude of action, and that this second rebellion may have called for measures of a more severe character than
those which were applicable to the former. I conclude that you have
considered the Instructions contained in my Dispatches of the 6th
Jany & 21st of April last, as not applicable to this new & very different state of affairs.   But to obviate any possible misconception which REPORT FOR THE YEAR 1930
G. 41
might arise on that subject, I have to desire that you will regard those 1*
Instructions as no longer in force. Assuming that the fate of the
principal delinquents will have been decided, there may now be parties
in custody as to whose disposal you may entertain some doubts. I
am, therefore, to express to you the wish of the Government that
unless in cases of those more heinous offenders, transportation may
be substituted for the infliction of a capital sentence. At the same
time the Government are persuaded that your intimate acquaintance
with the present state of the Colony, and of the circumstances under
which the individuals in question have become amenable to punishment will enable you to decide justly & impartially, without listening to resentment on the one hand or yielding to false humanity on
the other, on the most proper course to be adopted towards each
offender." p. 306
Glenelg to Colborne.   No. 32.   Transmitting Royal warrants for Down
appointment of James Stuart as Chief Justice of Lower Canada;Deo-3
Michael O'Sullivan, as Chief Justice of Montreal; Andrew Stuart, as
Solicitor General. p. 315
Colborne to Glenelg. No. 3. Acknowledging despatch No. 4 Goven
of Nov. 19, containing observations on Durham's Proclamation of j^r
Oct. 9, with reference to refugees and exiles. In view of outbreak 3&^l
in Nov. 1838, none of those excepted from the general amnesty of
June 28, could be allowed to take up residence in Lower Canada without jeopardizing peace of colony. Rodier and Cartier, two refugees,
returned to Montreal nine or ten days before outbreak, and petitioned
to remain. Their petition was granted on their giving security for
future good conduct, and they appeared grateful. Several of the Bermuda exiles were on frontier for some time; one of them Goddu entered
province and proceeded to St. Cesaire his family home. He was ordered
to leave province on pain of arrest. Since his departure he petitioned
for pardon, which was under consideration. Wolfred Nelson, Bou-
chette and Gauvin having attended meeting of Patriots in New York
for purpose of continuing hostilities could have no claim under
Proclamation of Oct. 9. Resolution expressed to exercise full powers
as Administrator in adopting such vigorous measure as appeared
to be necessary.
p. 318
G. 42.    (1839)
Glenelg to Colborne.   No. 33.   Acknowledging Durham's despatch No. 86 of Oct. 19, and authorizing that the £500 paid to Church 1
of Scotland in Lower Canada from the interest on the sales of the Ji
Clergy Reserves be continued until further notice. p. 1
Glenelg to Colborne. No. 34. Stating that no legal objections 1
were found in Provincial Ordinances No. 1 to No. 12 inclusive, and Jl
that they would be submitted for approval. p. 5
Glenelg to Colborne. No. 35. Stating that Treasury requested r
that £1,000 advanced from Military Chest to Attorney General be Jl
repaid from Provincial funds. p. 7
Glenelg to Colborne.   No. 36.   Acknowledging despatch of Nov. n
30; and conveying approval of several measures for restoration of Ji
peace in Lower Canada and of his sending 73rd Regt. to Upper
Canada. p jq PUBLIC ARCHIVES ^- 4-
Glenelg to Colborne. No. 37. Stating that Treasury, having
considered memorial from Mr. Wicksteed transmitted m Durham s
despatch No. 102 of Oct. 26, oa behalf of the officers of the Legislature whose functions were suspended, saw no reason for altering
decision as to rate of compensation for those officers. P-13
Glenelg to Colborne.    (Confidential.)    Referring to reports hev>
had heard of proceedings taken by Government of Lower Canada
against the Russian Consul at Boston, he enclosed an extract from
letter written by a member of Parliament, describing chief witness
against Consul as worthless character.   (Enclosure.) p. 15
Glenelg to Colborne. No. 38. Transmitting letter from Admiralty suggesting some alterations in buoys and lights in St. Lawrence, and requesting that suggestions might be investigated and reported upon.    (Enclosure.) P-19
Glenelg to Colborne.   No. 39.   Transmitting, in connection with
his despatch No. 10 of Nov. 30, copy of report of Agent General for ;
Emigration on alleged remissness of Agents for Emigrants at British
outports in enforcing provisions of Passengers Act.   (Two enclosures.)
p. 25
Glenelg to Colborne. (Circular.) Transmitting new warrant for
regulation of barracks. (Enclosure not herewith.) p. 49
Glenelg to Colborne. No. 40. Acknowledging Durham's despatch No. 92 of Oct. 20, and reviewing the statements as to maladministration in Crown Lands Department which in Colonial Secretary's
opinion were not borne out by facts adduced in report. There was
no ground in his opinion for reversing confirmation of sale to Bruce,
Shillito and Mclntyre of 66,242 acres in District of Gaspé. p. 50
Glenelg to Colborne.    No. 41.    Requesting, in connection with I
his despatch No. 15 of Dec. 13, that information be furnished as to
probable amount of pensions which would become payable during that
year. p. 58
Glenelg to Colborne. No. 42. Acknowledging despatch marked
confidential of Dec. 14, and conveying approval of the suspension of
Judges Bedard and Panet. p. 61
Glenelg to Colborne.   No. 43.   Acknowledging despatch marked
confidential, of Dec. 19, and conveying approval of the establishment
of Court for trial of offences connected with late insurrection, and of I
decision to permit sentence of death to be carried into execution in
case of two out of ten prisoners convicted of high treason. p. 63
Glenelg to Colborne. (Private.) Transmitting copy of despatch
to Arthur. p gg
Enclosure:—
Glenelg to Arthur. No. 199. Informing him that a number of
political convicts had arrived at Liverpool on Dec. 17, and were lodged
in jail there. On Dec. 28, on affidavits of Joseph Hume and J. A.
Roebuck, writ of habeas corpus was issued to bring before Court the
following—John Grant, Linus Wilson Miller, William Reynolds, Ira
Anderson, James Brown, Randal Wixon, William Alves, Robert Leo- I
nard Watson, John Goldsbury Parker, Finlay Malcolm, and Paul
Bedford. After two hearings, adjournment was made until 21st Jan.
It was hoped decision could be communicated by next mail. p. 68 G. 42
REPORT FOR THE YEAR 1930
Sub-enclosures :—
Affidavits (separate) of Joseph Hume and John Arthur Roebuck,
to the effect they had good reason to believe that John George Parker
and eight other persons were brought to Liverpool, without trial, and
detained in jail at Liverpool illegally. p. 72
Glenelg to Colborne. (Confidential.) Stating, with reference to r>
confidential despatch from Colborne of Dec. 19, that measures would J:
be taken for conveying such political prisoners as had been sentenced
to transportation, direct from Canada to penal colonies. This however
would be impossible before opening of navigation. In the meantime
they were to be held in Canada. Enquiry as to probable number of
such prisoners. p. 77
Glenelg to Colborne. Transmitting opinion of Law Officers to d
effect that conduct of Judges Panet and Bedard in issuing writ of Ji
Habeas Corpus in case of John Teed was not consistent with law.  p. 80
Enclosure:—
J. Campbell and R. M. Rolfe. t
"We have had the honour to receive Your Lordship's letter of the Ji
19th instant, transmitting to us the Copy of a despatch from Sir John
Colborne with respect to the suspension of Messrs. Panet and Bedard,
two of the Puisne Judges of the District of Quebec from their Offices,
and requesting our opinion whether the proceedings of these Judges
on the occasion referred to were consistent with law.
Having perused all the documents connected with this case, and
maturely considered the subject, we have to report to Your Lordship
that, in Our opinion, the Proceedings of Messrs. Panet and Bedard on
the occasion referred to were not consistent with law.
We think that the Writ of Habeas Corpus to bring up the body
of John Teed was improperly issued by Mr. Panet on the 21st of
Novr. 1838; and that his Judgment and that of Mr. Bedard on the
return of this Writ, holding that it had properly issued, are entirely
erroneous.
The Warrant of T. A. Young on which Teed was in custody,
shewed that he was committed on suspicion of high treason. Therefore
the Judge before whom a copy of the Warrant was laid, had notice
that the Ordinance passed by the Special Council on the 8th of November took away the power of bailing the prisoner; and if that
Ordinance was Valid, the Writ ought to have been refused. The
doctrine is well settled that whether a Writ of Habeas Corpus be
applied for before the full Court or a single Judge, and whether under
the Statute or at Common law, some probable ground for granting it
must be disclosed by affidavit; and if it appears that when the prisoner
is brought up he must, on his own shewing, necessarily be remanded,
the Writ ought not to be granted.
We consider it unnecessary to discuss the question whether the
Habeas Corpus Act 31 Car 2 was introduced into Canada by 14
Geo: 3.
The writ of Habeas Corpus ad subjiciendum was unquestionably
introduced into Canada as part of the Criminal Law of England: but
there is great difficulty in saying that the specific regulations respecting that Writ and for bringing to trial persons charged with offences
introduced into England by 31 Car 2 were applicable to Canada before
the provincial Ordinance of 1784.
Assuming however that 31 Car 2 was introduced into Canada
by the Authority of an Act of Parliament of the United Kingdom we 508
1839
PUBLIC ARCHIVES
G. 42
are of opinion that it was suspended by the Ordinance of 8th November made under the Imperial Statute of 1 Vic C. 9. The two Judges
have picked out and relied upon a particular expression to be found
in this Statute, instead of looking to the general frame and scope of
the Statute and the other enactments which it contains wholly at variance with the Construction they put upon the particular expression.
The proviso respecting Acts of the Parliament of Great Britain is
evidently to be confined to Acts of the same Nature as those expressly
mentioned; and cannot be supposed intended to prevent the Special
Council from passing any Ordinance at all to vary the C*iininal Law
of Canada from what was the Criminal law of England in the 14th
year of King Geo. 3. If the intended sense were given to the proviso,
the Special Council would be wholly inadequate for the purpose for
which it is declared to have been created, and several of the most
important enactments in 1st Vic: C. 9 would be entirely nugatory.
We think the two Judges would have been right in deciding that
the return to the Habeas Corpus by the gaoler was insufficient, if the
Writ had properly issued; but that their judgment upon the invalidity
of the Ordinance of 8th November is contrary to law.
As to the Habeas Corpus directed to Colonel Bowles, if the proceedings upon it are disconnected from the proceedings upon the
Habeas Corpus directed to the Gaoler, they appear to us to be regular.
Affidavits were laid before Mr. Bedard shewing an unlawful detention
of Teed,—without disclosing that he had been committed on suspicion
of Treason, on shewing any thing to bring his case within the Ordinance of 9th November. Supposing the Writ to have lawfully issued to
Colonel Bowles, he was in contempt for disobeying it, and subject to.
an attachment.
Considering however that there was upon the files of the Court
an affidavit clearly shewing that Teed had been committed on suspicion of high Treason, that this Affidavit had previously been brought
to the notice of M. Bedard as well as of M. Panet, and that both
Judges knew that Teed had been transferred to the Custody of Colonel
Bowles upon the original charge against him, we are bound to say
that in Our opinion the Habeas Corpus to Colonel Bowles ought not
to have issued, and that the subsequent proceedings against him were
unjustifiable." p. 82
Glenelg to Colborne. No. 45. Referring to statement in Durham's despatch No. 92 of Oct. 20 that, contrary to terms of Imperial
Act 7 & 8 Geo. IV. c. 62, upwards of 110,000 acres of Clergy Reserve
lands had been sold in one year, and that, of the whole, three-sevenths
had been sold, and not to people intending to settle but to speculators,
Colonial Secretary desired report on all facts. p. 92
Glenelg to Colborne. No. 46. Setting out in detail proceedings
in Liverpool on the writ of Habeas Corpus in behalf of the Canadian
prisoners who were under sentence of transportation. Court of King's
Bench decided against prisoners, but application was made to
Exchequer Court, the result of which was until then undecided,   p. 98.
Glenelg to Colborne. No. 47. Enclosing further communication
from Count Mandelsloh, respecting case of Charles Maysenhôlder,
and directing that proper measures be taken.   (Enclosure.) p. 107
Glenelg to Colborne. Instructing that Queen's commendation be
conveyed to Caughnawaga Indians for gallantry in defeat of rebels
on Nov. 4, and enquiring whether, in place of presents usually given,
medals or other honorary rewards might not be bestowed on those
who had distinguished themselves. p. 113 G. 42
REPORT FOR THE YEAR 1930
Glenelg to Colborne.    (Confidential.)    Transmitting report of
Attorney and Solicitor General, as to competency of court established J-
by Ordinance of Lower Canada, 2 Vict. c. 3, to try and condemn to
death persons convicted in connection with lato insurrection, that competency being questioned by Solicitor General of Lower Canada, p. 116
Enclosure:—
J. Campbell & R. W. Rolfe to Glenelg. i
" We have had the Honor to receive Your Lordship's letter of 19th
Instant, transmitting to us the Copy of a Confidential Despatch from
^fSir John Colborne respecting the Measures which he had taken for
•the Establishment of a Court for the Trial of Offences committed
during the late insurrection, the proceedings of that Court and his intention to allow the execution of two of the Persons who had been
Sentenced to Death, and with reference to the Ordinance of the Governor and Special Council of Lower Canada 2 Vic. C. 3 desiring us to
take Sir John Colborne's Despatch into consideration and to report
to Your Lordship Our opinion whether the opinion entertained by the
Solicitor General of Lower Canada of the incompetency of the Court
established under the Ordinance in question to try Prisoners under
the charge of Treason rests on any valid foundation—
Unfortunately we are not informed of the reasons which have
induced the Solicitor General of Lower Canada to come to this opinion; but we have given the subject the most deliberate consideration
and we have to report to Your Lordship that in Our opinion the
Court Established under the Ordinance in question is competent to try
Prisoners under the charge of Treason.
We adhere to the opinion we have repeatedly expressed that the
Special Council Established in Lower Canada by 1 Vic. c. 9. is not
restrained from passing Ordinances which may alter the Criminal
Law in Canada and make it different from the Criminal Law of England as it existed at the passing of the Canada Act 14. Geo. 3.
We conceive that the power of the Special Council to Legislate
respecting criminal law and the administration of it in Lower Canada is supreme—as was the power of the former Legislature of Lower
Canada before it was suspended.—If this be so, it is impossible to
make any distinction in point of Law between an Ordinance altering
the mode of Trial of common Assaults and subjecting them to the summary jurisdiction of a Magistrate instead of being referred to a Jury
and an Ordinance altering the mode of Trial in cases of Treason and
enacting that instead of a Jurv they shall be tried by a Court Martial.—In 1 Vic. C. 9—there is no exception with regard to Treason,
and the mode of Trying it may be altered as much as of any
other offence.—
It has been said by Lord Denman that any Ordinance of the
Special Council contrary to the first principles of equity and Justice
is void; but this doctrine does not proceed upon any express restriction upon its framers and must be equally applied to the Acts of any
Supreme Legislature.
That the mode of trial prescribed by the Ordinance 2 Vic. C. 3. is
such as cannot lawfully be prescribed by a Supreme Legislature it is
impossible for any one to contend in a British Court of Justice, after
the late Irish Coercion Act and various other Acts to be found in the
Statute Book of the United Kingdom.— PUBLIC ARCHIVES
G. 42
If necessity will justify what is called Martial Law by Proclamation (which is a cessation of all Law) while the necessity endures, no
objection can reasonably be made, where the same necessity exists, td;'
a modification & mitigation of Martial Law by Legislative Enact-,
ment.— p. 119
Glenelg to Colborne.   No. 48.    Enclosing correspondence with
Treasury, in which they stated there was no objection to three fol-^f
lowing Ordinances, provided Colonial Secretary sanctioned amounts
of pensions, and that provisions of Imperial __-_ 1 Vict. cap. 9 had
been complied with; and adding that Ordinances would be submitted^
for confirmation. p. 125
No. 30. An Ordinance to make provision for defraying the Civil
Expenditure of the Provincial Government from the 1st day of April
li838, to the 10th day of October of the same year.
No. 31. An Ordinance to make good two certain Sums of Money
therein mentioned, advanced in payment of certain indispensable
expenses of the Civil Government of Lower Canada between the 1st
day of March 1838, and the 31st day of October of the same year.
No. 32. An Ordinance to appropriate certain Sums annually to
enable Her Majesty to defray the expense of Pensions conferred on
the Honourable Jonathan Sewell Esquire and the Honourable James
Reid Esquire.
Glenelg to Colborne. (Circular.) Sending a copy of Montgomery
Martin's Statistical Account of the Colonies of the British Empire,
and urging greater care in preparation of Returns. p. 133
Glenelg to Colborne. No. 49. Acknowledging despatch No. 16
of Dec. 26, with list of Executive Council, and enquiring whether appointments were intended to be merely temporary. He was abstaining from submitting names to H.M. for confirmation until he heard.
p. 134
Glenelg to Colborne. No. 50. Stating that proceedings of Court
Martial enclosed in despatch of Dec. 25, had been submitted to General Commanding in Chief to ascertain whether they were in accordance with Military Law and usages of General Courts Martial.
p. 137
Glenelg to Colborne.   No. 51.   Stating that Treasury, to whom
were referred Durham's despatch No. 54 of Sept. 13, expressed regret
that there was no fund from which relief could be granted to widow :
of Rev. R. Q. Short, Rector of Three Rivers. p. 139
Glenelg to Colborne. (Circular.) Transmitting copy of Durham's Report with part of appendix. p. 141
Glenelg to Colborne. No. 52. Enclosing letter from Count
Mole to Foreign Office, interceding for a French man named Charles
Hindenlang, said to have been taken prisoner at Odelltown; and
requesting that such consideration be given to the intercession as
facts would justify.    (Two enclosures.) p. 142
Glenelg to Colborne. Acknowledging despatches Nos. 13, 14, 16,
17, 18, 1_& 2, and confidential, of Dec. 14, 19 and 31, and unnum
bered of Dec. 25, and Jan. 2.
p. 149 G. 42 REPORT FOR THE YEAR 1980 51
Glenelg to Colborne.   No. 53.   Stating that despatch No. 18 of    1839
Dec. 31, was referred to Law Officers, who reported their opinion ^"™g st.,
that proceedings of Judge Vallière de St. Real in granting writ of  e ' '
Habeas Corpus on behalf of Celestin Houde were contrary to law.
(Enclosure.) p. 150
Glenelg to Colborne.   No. 57.   Transmitting, in connection with Downing st.,
despatch No. 18 of Dec. 14, certificate of date on which Ordinance Peb'8-
providing for security of province of Lower Canada was received
at Colonial Office.   Ordinance was received, according to certificate
on Nov. 20, 1838. p. 155
Glenelg to Colborne.   No. 54.   Acknowledging despatch No. 3 Downing st.,
of Jan. 8, and conveying approval of measures taken with respect to Feb- 9-
persons excepted from amnesty of June 28, 1838. p. 157
Glenelg to Colborne.   No. 55.   Acknowledging despatch No. 85 Downing st.,
of Nov. 20, and transmitting Order in Council leaving to their opera- Peb- 9"
tion, Ordinances No. 28, establishing system of Police in cities of
Quebec and Montreal, and No. 29 for preventing discharge of certain persons until they should have given security.   (Order in Council not herewith.) p. 159
Glenelg to Colborne.   No. 56.   Transmitting, in connection with Downing st.,
his despatch No. 19 of Dec. 14, requisition from Arthur for arms Peb-9-
and military stores, and requesting opinion as to whether so large a
quantity was required.    (Enclosure.) p. 161
Glenelg to Colborne.   No. 58.   Transmitting copy of letter from Downing st.,
Treasury desiring information relative to certain Field Allowances Peb"15-
issued to staff and regimental officers serving during insurrection of
1837, and requesting report.    (Two enclosures.) p. 166
Marquis of Normanby to Colborne.    (Circular.)    Announcing Downing st.,
his succession to position of Colonial Secretary, on resignation of Feb-20-
Lord Glenelg. p. 182
Normanby to Colborne.    (Circular.)   Transmitting Royal War- Downing st.,
rant authorizing use of new seal for Province of Lower Canada and  e '  '
requesting return of old seal. p. 183
-    Normanby to Colborne.    No. 1.    Transmitting copy of letter Downing st.,
from Admiralty, stating  extent  to   which   Captain   Sandom was**-84-
authorized to procure services of steam vessels on Canadian lakes.
(Enclosure.) p. 184
Normanby to Colborne.   No. 2.   Requiring information neces- Downing st.,
sary to furnish House of Commons with copy of Report of Commis- Peb- 25'
sioners appointed to enquire into losses sustained during late rebellion, also of names of claimants and amounts claimed. p. 187
Normanby   to   Colborne.    (Confidential.)    Transmitting, with Downing st.,
reference to Durham's despatch No. 106 of Oct. 30, two letters from Feb-M-
Treasury  regarding   commuted   pensioners   in   Upper   and   Lower
Canada. p> i90
Enclosures:—
(1) G. J. Pennington to Stephen.   Transmitting copy of letter Treasury
addressed by Treasury to Secretary of War. p. 193 chambers, PUBLIC ARCHIVES
G. 42
(2) F. Baring to Secretary of War. Stating that several communications had been received, representing the destitute condition
of many of the late pensioners in Canada; that Treasury considered
it would be inexpedient to renew the pensions; that relief should be
granted only to those in urgent need, and should not be in the form
of money, but of clothing and food, and provision for shelter for the
homeless.   Estimate should be prepared on this line. p. 195
Normanby to Colborne. (Confidential.) Stating that Fox,
Minister at Washington, had sent copies of correspondence between
himself and Buchanan, British Consul at New York, from which it
appeared that latter had been in communication with Papineau
respecting conditions in Canada; and that Buchanan had been
informed that Government entirely disapproved of his proceedings in
the matter. p. 201
Normanby to Colborne. No. 3. Conveying H.M.'s approval of
the gentlemen selected to form Special Council, and of Chief Justice
Stuart's having declined a seat in the Council, as mentioned in
despatch No. 4 of Jan. 15. p. 203
Normanby to Colborne. No. 4. Requesting, in compliance with
address of House of Commons, return of Revenue and Expenditure
for each of year 1833-1838 inclusive.    (Address of House.)       p. 205
Normanby to Colborne.   No. 5.   Acknowledging despatch No. 12
of Jan. 21, and expressing   satisfaction   at   Judge   Rolland having
refused a writ of Habeas Corpus to J. G. Barthe accused of treason- :
able practices. p. 211
Normanby to Colborne. (Private & Confidential.) Enclosing
copy of despatch addressed to Arthur on subject of execution of
capital sentences on persons convicted of treason. p. 213
Enclosure:—
Normanby to Arthur.    (Copy.)
"Referring to my public despatch of this date on the subject
of the recent executions in Upper Canada, I cannot but express to you
in this more private manner the regret with which I regard the great
pain and arduous responsibility which you have been and are still
called upon to undergo in the Service of the Crown in that Province.
I sympathise in the strong feelings of natural repugnance which you
entertain and express for the distressing task" which has devolved
on you of authorizing the execution of so many capital sentences, and
I am persuaded that no one can desire so earnestly as yourself that
this irksome necessity may be brought to a speedy & final close.
Yet you will readily believe that I and my Colleagues feel a very deep
solicitude on the subject. We concur with you in apprehending that
exaggerated and unfair representations of what is passing in Upper
Canada may involve our National Character in reproaches which,
however unfounded and unjust can yet scarcely fail to be seriously
prejudicial. So strong is- the prevailing sentiment throughout the
Civilized World in favor of a lenient administration of the Criminal
Law, and against Capital Executions, that I fear it is vain to hope
that justice wdll be done to the motives of those who act in opposition to it, however weighty or conclusive may be the arguments in
defence of their conduct. On the other hand the strong pressure
upon you of public opinion in the Province, under your Government G. 42
REPORT FOR THE YEAR 1
obviously renders it a duty of the most arduous kind to oppose 1839
yourself to the demand made for examples which it is hoped may
prevent the recurrence of the crimes and outrages under which the
peaceful and loyal Inhabitants have so severely suffered. I should
not feel myself acquitted of my own obligations if I left you to
contend unaided and alone against those demands. It is needless or
rather it would be injurious to admonish you to limit within the
narrowest possible bounds the number of prisoners upon whom the
heavier sentences of the Law are to be inflicted. But as soon as in
your judgment that limit is reached, it may be convenient and useful
to you to be able to announce that you have the authority and
instructions of the Ministers of the Crown to arrest all further proceedings of the same kind I have therefore to convey to you my
authority for resisting in the name of Her Majesty's Government
as well as in your own, every application and advice for the multiplication of Capital Executions from the first moment at which
your own judgment may be satisfied that they should cease. I trust
indeed that long ere this Despatch reaches you, the melancholy office
of acquiescing in the exaction of such penalties will have ended, but
as the case may possibly be otherwise I am anxious to take my full
share of the responsibility of the utmost degree of forbearance and
lenity which you may find it practicable to exercise." p. 215
Normanby to Colborne.    (Private.)    Stating with reference to Downing st.,
death of Receiver General Hale reported in despatch No. 1 of Jan. 2, Peb-28-
that in view of anticipated changes in governmental arrangements
it was  considered  inadvisable  to  make  permanent   appointment
at the time.   Mr. Jeffrey Hale would act as Receiver General on
understanding that arrangement was merely temporary. p. 222
Normanby to Colborne.    No.  61    Acknowledging  despatches Downing st.,
Nos. 13, 14,15 of Jan. 22, and stating that Court Martial proceedings Peb-28-
had been referred to Advocate General, but approval was given of
decision to allow law to take its course in case of five of those individuals, four of whom were implicated in murder of Mr. Walker.
p. 225
Normanby to Colborne. No. 7. Acknowledging despatch, Downing st.,
marked confidential, of Dec. 31, and stating that the unauthenticated Feb-28-
copies of three Ordinances passed on Dec. 12 and 21, had been laid
before Law Officers, who reported that two were unobjectionable, but
the one suspending operation of Habeas Corpus Act was beyond
powers of Provincial legislation. Its repeal by Special Council
suggested. Fortunately, this Ordinance was not indispensable as
objections made by some Canadian Judges to validity of original
Ordinance were unfounded. p. 227
Enclosure:—
J. Campbell and R. M. Rolfe to Glenelg. Temple,
i We have to acknowledge the receipt of Your Lordship's letter Feb-8-
of the 4th Instant, transmitting to us the Copy of a Dispatch from
Sir J. Colborne, enclosing three ordinances passed by himself and the
Special Council of Lower Canada on the 12th and 21st of December
last. Your Lordship requests us to report to Your Lordship our
opinion whether there is any objection in point of Law to the approval
of these ordinances by Her Majesty in Council.
15401-33. 514
1839
PUBLIC ARCHIVES
G. 42
We have taken these ordinances with the dispatch of Sir J
Colborne into our consideration; and we have now the honor of
reporting to Your Lordship that to the two first Ordinances, namely
2 Vict. c. 13, and 2 Vict C. 14, being numbered respectively 45 and
46, we see no objection: But we regret to say that the other Ordinance
namely 2 Vict C. 15 (No. 47) appears to us to be altogether beyond
the competency of the Canadian Legislature. It purports to enact]
and declare that the English Statute 31 Car 2 C: 2, commonly callecl
the Habeas Corpus Act, is not, nor ever was, in force in the Province j
of Lower Caaada. Now, many of the most important provisions of
that Act were undoubtedly introduced into the Province of Quebec
by the first Quebec Act 14th Geo 3 C. 83; and at all events it is
clearly beyond the power of the Governor and Special Council to
put a Legislative construction on the effect of the British Statute.
The Governor and Special Council appear to have fallen into the
mistake of supposing that the Writ of Habeas Corpus originated in
the Act of Charles the Second. Whereas that Statute merely
regulated and enforced the right of the subject to the writ to which
he was entitled at common law, independently of the Statute. There
could have been no objection in point of law to an ordinance declaring
the issuing of the writs in the case of Teed to have been illegal, and
discharging the parties who had been taken by virtue of the attachments. But the ground for such an enactment ought to have been,
not that the Stat: of Charles the Second never formed part of the I
Law of the province, but that the rights of the subjects to the writ
had been duly suspended by the ordinance recently passed, to which
the Judges improperly refused to attend." p. 231
Normanby to Colborne. No. 8. Acknowledging despatch No. 16
of Jan. 22, stating reason for delay in completing report on cases of
those in custody on charge of treason, and explaining apparent
irregularity of some arrests in District of Montreal; and expressing
confidence in discretion and justice of his proceedings. p. 244
Normanby to Colborne. No. 9. Transmitting Order in Council
confirming three of Durham's Ordinances Nos. 30, 31, and 32 relating
to Civil Expenditure, as well as two others, No. 14 for Incorporating
of Bank of Montreal, and No. 30 making provision for survey of Lake
St. Peter.    (Order in Council not herewith.) p. 247
Normanby to Colborne.
Durham's Report, marked I
(Circular.)    Transmitting appendix to
. relating to Lands  and Emigration.
p. 249
Normanby to Colborne. No. 10. Desiring that thanks be conveyed to Thomas Blackwood of Montreal for letter containing some
suggestions on Canadian affairs. p. 250
Normanby to Colborne. No. 11. Requesting, in compliance with
address from House of Commons, return of names, fates, etc., of
persons imprisoned for treasonable practices since Nov. 1, 1837.
(Address enclosed.) p. 251
Normanby to Colborne. No. 12. Acknowledging despatch No. 24
of Jan. 31, and expressing satisfaction with his direction to Executive
Council to collect information on certain remedial measures, immediately necessary for welfare of province, and stating that suggestions
would receive most attentive consideration. p. 255 G. 42 REPORT FOR THE YEAR 1930 51
Normanby to Colborne.   No. 13.   Acknowledging despatch of    1839
Jan. 29, and stating that papers enclosed had not affected decision Downing st.,
respecting claim of Mr. Thomson for salary as clerk of Court 0fMarch15-
Escheats between August 1828 and August 1831.    (See Glenelg's
despatch of Nov. 9, 1838.) P-257
Normanby to Colborne. No. 14. Acknowledging despatch No. 17 Downing st.,
of Jan. 22, and stating with reference to Ordinance respecting BankMarch16-
of British North America that directors had applied for charter, which
was subject to discussion as to terms with Treasury and Committee
of Privy Council for Trade. Draft charter had been submitted, and
directors had petitioned that repeal of Ordinance in question might
be suspended until charter should have been completed. This was
agreed to, and directions were given to Governor in that sense,  p. 260
Normanby to Colborne.   Acknowledging despatches Nos. 2, 4 Downing st.,
to 24 inclusive. p 264 m»"* a>.
Normanby to Colborne.   No. 16.   Observing that steamer Great Downing st.,
Western had arrived at Bristol bringing very important intelligence M"wh "•
from United States up to Feb. 25, but no despatches from Upper or
Lower Canada.   Despatches Nos. 25 to 29 (inclusive) reached late
evemng before. p 265
Normanby to Colborne.   No. 15.   Transmitting printed copy of Downing st.,
petition from LaFontaine and  Mondelet  to  House  of Commons March22-
Explanations of charges invited.   (Enclosure.) p. 267
* ft""^7.*?. Çolborne- No- 17- Acknowledging receipt of des- Downing st.,
P_7T r2'S °* ?eb- 19' and conveyiDg satisfaction with proceedings "***■
of Court Martial. Government specially gratified by opinion that
no more executions would be necessary, and that Courts Martial
might be dispensed with. Arrangements had been made for conveyance of prisoners sentenced to transportation, from Canada to Australia.  Vessel would take both Upper and Lower Canadian convicts.
p. 272
Normanby to Colborne.   Acknowledging despatches Nos. 25 to Downing st.,
36, inclusive, and confidential of Feb. 27. p. 276 April 4-
I t^T**11-7 ^ polbprne.  No-18. Acknowledging despatch No. 27 Downing st.,
oi _eb. 5, and stating that a Royal Warrant would issue for Commis- Apri15-
sion for trial m Lower Canada of offences committed at sea or within
jurisdiction of Admiralty. p 277
!     ^aimanby *° folb.°rne.   No. 19.   Transmitting with reference Downing st.,
to Oolbornes confidential despatch of Feb. 25, copy of letter fromApra6-
Ireasury conveymg decision as to assistance to be given to Commuted
pensioners, and requesting that necessary steps be taken as regards
those m Lower Canada. p 279
Enclosures:—
. (1) G J. Pennington to Stephen.   (Copy.)   Setting forth regu-Tra
ions t.r>  he nhe_riroi-l  m  +V,« ^;n_m.;u.._: _j> j- _ 1        r   ,  ., .    °.    n
i„+:_ _ Ï ,— B,T , «wjpiicu. v^upy.; oeumg lortù regu-Treasv
lations to be observed m the distribution of food and clothing to Gbam
mdigent persons of that class. p 281 Mar- ''
(2) List of Commuted Pensioners residing in Canada to whom
d to grant relief. p 291
Normanby to Colborne. No. 20. Transmitting copy of letter
irom ireasury, and directing, in conformity with their request, that
certain advances from the Military Chest for secret service, be repaid
Irom Provincial revenues.   (Six enclosures.) p 397
April 7. PUBLIC ARCHIVES
G. 42
1839
Downing St.,
April 15.
Normanby to Colborne. No. 21. Acknowledging despatch
marked confidential, and conveying approval of his sending at Sir
John Harvey's request, four companies of 11th Regiment to Mada-
waska Settlement. P- 318
Normanby to Colborne.   No. 22.   Stating, with reference to his
despatch No. 17 of March 27, that H.M.S. "Buffalo" would take out,
some troops for Canada, and, after landing them, would take on board J
persons sentenced to transportation to Australia, and would proceed]
with them directly to destination. P- 321
Normanby to Colborne. No. 23. Transmitting Order in Council
leaving to their operation Ordinances mentioned in Glenelg's despatch
No. 34 of Jan. 1, and Normanby's No. 7 of Feb. 28. (Order in Council not herewith.) P- 323
Normanby to Colborne. No. 24. Transmitting copies of two
letters from Foreign Office asking for information respecting Maine
Boundary. P-324
Enclosures:—
(1) J. Backhouse to Stephen. Expressing concurrence in answer
of Normanby to Colborne (of April 15). Requesting that Colborne
be asked for information as to character of country between River
St. John and boundary claimed by Americans westward of St. Francis,
that is, tract included between St. Francis and St. John and line
claimed by Americans down to point where highlands divide waters
of Chaudière from those of Penobscot; also, as to comparative inconvenience of having Americans in possession of country up to
boundary claimed by them from head of St. Francis to head of Connecticut, or of having them confined entirely to country south of St.
John up to southermost head of that river. It would also be desirable
to have information as affecting military defence. p. 327
(2) Backhouse to Stephen. Information desired from Harvey
as to whether communication between New Brunswick and Canada
would be effectually secured if England and United States were to
divide disputed territory between them in equal portions making the
St. John the boundary from point where due North Line from the
St. Croix intersects St. John up to southernmost or southeasternmost
head; also, whether road from New Brunswick to Canada might not
be carried along north bank of St. John the whole way; also, what
extent of settlement and amount of British population there were anywhere south of the St. John within disputed territory that would be
ceded to Maine by proposed division, and through what points he
would draw the line south of the St. John according to his scheme of
division alluded to in letter to Colborne of Feb. 21. Harvey should
be asked to explain meaning of proposal to give Americans free
navigation of St. John, and how this would affect New Brunswick
timber trade. p. 331
Normanby to Colborne. No. 26. Transmitting letter from
Treasury, requesting repayment to Military Chest of amount paid
for secret service.   (Enclosure.) p. 336
Normanby to Colborne. (Confidential.) Acknowledging despatch No. 39 of March 15, and stating that measure respecting Canada in course of preparation would have effect of repealing restrictions on Special Council as to imposition of taxes and appropriation
of Provincial Revenues contained in clauses 3 & 4 of Act 1 Vict,
c 9. p. 340 G. 42
REPORT FOR THE YEAR 1
1839
Downing St.,
April 23.
Foreign
Office,
April 13.
Normanby to Colborne. No. 27. Transmitting, in connection
with Glenelg's despatch No. 120 of Oct. 21, copy of letter from Foreign
Office on subject of outrage committed by an American fishing
schooner on British vessel " Sir Archibald Campbell." p. 342
Enclosure:—
Backhouse to Stephen. Enclosing with reference to case, Advocate General's report that, should offenders come at any time within
British jurisdiction they might be apprehended and dealt with
according to law.   (Enclosure.) p. 344
Normanby to Colborne.    (Circular.)    Transmitting appendix C °°^^8St"
to Durham's Report, relating to municipal institutions. p. 350
Normanby to Colborne.   Acknowledging despatches Nos. 37 to^°™™gSt-'
42 (inclusive), and confidential of March 18. p. 351   pr
Normanby to Colborne.   No. 28.    Transmitting for guidance, Do!™?gSt-'
copy of letter from Treasury, relative to annual presents for Indian  pr
tribes, and pointing out necessity of sending home requisitions in
autumn of preceding year.    (Enclosure.) p. 352
Normanby to Colborne.   No. 29.   Stating that petition had been ^°^g a''
received from R. Alexander praying that, in consideration of services  pr
in militia during recent disturbances, compensation might be granted
for losses sustained by destruction of his property by fire, and directing
that he be informed, with regret, that, as fire was not attributable to
insurrection, claim could not be entertained. p. 361
Normanby to Colborne. No. 25. Transmitting, in connection D("!?^?^St•,
with Gosford's despatch of Aug. 26, 1836, and Glenelg's answer of Oct. pr
6 following, letter from Hudson's Bay Company offering to surrender
their lease of the King's Posts on condition of being secured in exclusive right of hunting in those districts and of trading with Indians
for furs and peltries, and requesting report be obtained from Executive
Council on question. p. 367
Enclosure : — Hudson's Bay
J. H. Pelly, Governor, to Normanby. Representing that Com- m^'®.
pany hold transfer of lease of district known as " King's Posts " ; that
district was wilderness inhabited only by Indians, and that only business was fur trade and salmon fisheries on small scale; that lease
which was for 21 years would expire in 1842 gave Company exclusive
right of trade ; that it was considered in Canada that upper parts of
Saguenay River were well adapted for colonization and that timber
trade and salmon fisheries might advantageously be thrown open to
public; that Company, for public benefit, would surrender lease, but
were anxious to retain exclusive right of hunting and of trading in
furs and peltries with Indians not only until end of term but for
further term of 21 years as the only practicable means of keeping
peace in the country; lease was of little benefit to Company, last
year's operations being conducted with a loss; their particular object
was to maintain in their own territory bordering on that part of
Canada, the restriction on use of spirituous liquors and all other
beneficial regulations which had improved condition of Indians, and
continue like benefits to Indians of King's Posts. p. 370
His Excellency laid before Board foregoing despatch and letter. Council
n  07c Chambers,
P- 6ii> Quebec. PUBLIC ARCHIVES
G. 42
1839
Chamber,
Quebec,
June 26.
Rough draft of Report of Council on application of Hudson's Bay
Company. It was noted that Indians of King's Posts numbered about I
400 souls; they had been accustomed to protection and fostering care
of successive lessees of the Posts; were generally of mild and tractable I
disposition, and for most part had embraced Christianity; lessees supplied means of annual visit of missionary of Roman Catholic faith
to the different posts, where small churches were erected, mainly
by late order of Jesuits; they had no agricultural habits, nor were
likely for that generation to forsake old habits, sojourning alternately
in forest and on coast of St. Lawrence, where during winter they pursue the seal, living on the oil. They were not included in Schedule
annexed to Report of Council on Indian Affairs dated June 13, 1837,
nor did they ever receive assistance in presents or outfits from Government. Under these circumstances and before throwing country
open to settlement some arrangement should be made for care of
Indians, and proposition of Company seemed to offer most convenient and least expensive mode of protection and employment. It was
recommended that new lease be granted to Company for 21 years to
be limited to exclusive right of hunting and trading with Indians,
including seal fishery, at reduced annual rent of not less than £800.
There was no necessity for cancelling conditions of present lease
further than stipulating in new lease a right of entry and occupation
by Crown for purpose of settlement at any time before Oct. 1, 1842,
when existing lease terminated. p. 377
Normanlby to Colborne. (Confidential.) Transmitting copy of
letter from Foreign Office enclosing letter with flying seal addressed
to L. H. Putnam, and requesting that letter should be delivered to
him. Government would also desire any authentic information to be
procured regarding Putnam.    (Four enclosures.) p. 381
Normanby to Colborne. No. 30. Transmitting, in connection
with Glenelg's despatch No. 50 of Feb. 3, and Normanby's of Feb.
28, reports from Judge Advocate and Crown Officers to effect that
proceedings of Courts Martial were in conformity with general practice, and that the Courts were legally constituted, and that objections raised by counsel for prisoners were properly over-ruled.
(Three enclosures.) p. 394
Normanby to Colborne. (Circular.) Transmitting, in connection with circular of Oct. 24, communications from Treasury, stating
that arrangements had been made for establishing steam communication between Great Britain and British North America; also, extract
from report of Stayner, Deputy Postmaster General as to best route
between Quebec and Halifax. Report desired from Governor as to
route most desirable not only with reference to rapidity, but with
reference to security as against United States.    (Three enclosures.)
p. 406
Normanby to Colborne. No. 31. Transmitting, in connection
with Durham's report No. 93 of Oct. 20, and Glenelgfs reples of
Nov. 30 and Jan. 11, a number of papers bearing on the charges
brought against emigration offers for remissness in execution of
Passengers Act.    (25 enclosures.) * p. 424
Normanby to Colborne. No. 32. Acknowledging despatch No.
50 of April 2, and expressing satisfaction that arrangements made
with State of Maine permitted the return to Quebec of troops sent
to Madawaska Settlement. Regret at continuance of disorders on
Missisquoi frontier. p. 555 G. 42 REPORT FOR THE YEAR 1980 51S
Normanby to Colbome.   No. 33.   Acknowledging despatch No.    1839
58 of April 16, and conveying congratulations from Queen on com- ^°w^lg st-'
plimentary address to him from Legislature of Upper Canada.
p. 558
Normanby to Colborne.    No. 34.   Transmitting, in connection Downing st.,
with despatch No. 22, letter from Admiralty stating that HM.S.May17-
| Buffalo " would not be ready for sea before first week in June.
(Enclosure.) p. 560
Normanby to Colborne.   Acknowledging despatches Nos. 43 to Downing st.,
62 inclusive, and unnumbered of April 4. p. 562 May 17,
Normanby to Colborne.   No. 35.   Acknowledging despatch No. wow^lne st"
37 of March 13, and enclosing letters from Foreign Office agreeing   ay
that the arrest at Montreal of the Russian Consul at Boston was
unavoidable.   (Two enclosures.) p. 563
Normanby to Colborne.   No. 36.   Transmitting for attention ^\fe st"
letter enquiring as to fate of young man named Preece sent out by   ay
Children's Friend Society.   (Enclosure.) p. 574
Normanby to Colborne.   No. 37.   Acknowledging despatch No. Downing st.,
51 of April 8, and expressing regret at death of Chief Justice O'Sul- May2°-
livan; also, concurring in postponement of new appointment in view
of reorganization of judicature. p. 578
Normanby to Colborne.    (Circular.)    Transmitting copies of Downing st.,
two Treasury Minutes giving grounds for decisions on claims by May2S-
owners of three American vessels for services of certain slaves which
had been brought to the Bahamas and Bermuda and were seized by
British officers.    (Two enclosures.) p. 580
Normamby to Colborne.   No. 38.  Stating that H.M.S. "Buffalo" Downing st.,
would sail forthwith. p. 594 May ^
Normanby to Colborne.   No. 39.   Transmitting, with reference Downing st.,
to his despatch No. 18 of April 5, a commission for trial at Quebec June L
of offences committed at sea or within jurisdiction of Admiralty.
p. 596
Normanby to Colborne.   No. 40.   Acknowledging despatch No. Downing st.,
38 of March 14, and enclosing Royal warrants for appointment ofJune '
Messrs. Pothier, McGill, de Rocheblave and Moffat to Executive
Council.   Fees and stamp duties were £31-19 for each. p. 597
Normanby  to  Colborne.   No. 41.   Transmitting  letter  from Downing st.,
Treasury, pointing out an inaccuracy in repaying Military Chest. une "
(Enclosure.) p. 599
Normamby to Colborne.   No. 42.   Acknowledging despatch No. Downing st.,
47 of March 28, and expressing regret, after review of case, that une "
decision already communicated respecting application of Mr. Justice
Kerr could not be reversed. p. 604
Normanby to Colborne.   No. 14.    (Copy.)    Stating that, on Downing st.,
receipt of despatch No. 43 of March 20, he felt obliged to suspend June u"
proceedings regarding charter of McGill College, until objections
urged against it by Royal Institution of Quebec were heard.   Letter
to Mr. Gillespie, agent   for  McGill   College   and   his  reply were
enclosed.    (Enclosures not herewith.) p. 608 520
1839
PUBLIC ARCHIVES
G. 42
Normanby to Colborne.   (Confidential.)
" As I am aware of your anxiety to be informed of the measures
contemplated by Her Majesty's Government for the Settlement of
the Affairs of Canada, I avail myself of the opportunity afforded by
the departure of the " Liverpool " Steam Vessel, to communicate
with you on the subject.
It had been the intention of Her Majesty's Government to introduce into Parliament the Bill, of which I enclose you a Copy, and
which, if agreed to, would have reunited the Provinces of Upper and
Lower Canada, and would have made effectual provision for their
future Government. Late events, however, and especially the recent
proceedings in the Legislature of Upper Canada, of which intelligence was received on the 3rd Instant, have induced Her Majesty's
Ministers so far to modify this Bill, as to defer for the present those
provisions which relate to the reunion of the Provinces and their
future Government. Accordingly, the Bill will be divided into two
parts; the first extending the Authority of the Special Council of
Lower Canada, and prolonging its existence to the year 1842; the
second providing for the future reunion of the Canadian Provinces
on the principles of a free and Representative Government. The
first Bill only will be immediately pressed on the attention of Parliament, and will I trust, meet with their concurrence. The Second
will be brought in, but will not be proceeded with during the present
Session, nor until the Legislative Council and Assembly of Upper
Canada, and the Special Council of Lower Canada shall have had an
opportunity of communicating to Her Majesty's Government their
views respecting it.
I shall take an early opportunity of communicating with you
further on this subject, and of apprizing you of the proceedings in the
Imperial Parliament. My present communication is necessarily
restricted to a mere indication of the intentions of Her Majesty's
Government, but I could not let this opportunity pass without
apprizing you of them." p. 610
Normanby to Colborne. No. 45. Stating that Admiralty had
received letter from Captain Sandom with communication addressed
by latter to Colborne, relative to best mode of securing cooperation
between Naval and Military forces in Canada, and expressing confidence that measures on line indicated had been adopted.       p. 615
Normanby to Colborne. No. 46. Stating, with reference to
Colborne's despatches No. 33 of Feb. 25, and No. 54 of April 13,
that Treasury would release Colonel Gore and Major Hall from
responsibility for sums advanced to them from Military Chest.
p. 617
Normanby to Colborne. No. 47. Acknowledging despatch No.
67 of May 6, and expressing satisfaction with manner in which Governor, and Civil and Military officers had been vindicated against
charges made by LaFontaine and Mondelet. p. 619
Normanby to Colborne. No. 48. Transmitting copy of letter
from War Office, making certain enquiries respecting Captain Thomas
Colman, who had been appointed a stipendiary magistrate. (Enclosure.) p. 621 G. 42
REPORT FOR THE YEAR 1
Acting G. Master to Colborne.    Transmitting Royal warrant    1839
nominating Major General Sir James Macdonell to be a Knight Kensington
Commander of the Bath, and requesting that he be invested with **neu.
insignia of Order by Colborne.    (Enclosure.) p. 624
Normanby to Colborne. No. 49. Transmitting letter from Downing st.,
Treasury, respecting despatch of Arthur regarding expenses incurredJune26-
for accommodation of state prisoners in Upper Canada. They decided
that charges for maintenance or safe custody of state prisoners in
provinces should be borne by Provincial Government, but those
incurred for barrack accommodation for military engaged in protection of frontiers or in suppression of insurrectionary movements
should be paid from Military Chest.    (Enclosure.) p. 627
Normanby to Colborne.     No. 50.     Transmitting letter from Downing st.,
General Post Office with enclosure from Stayner, Deputy PostmasterJune 27-
General, relative to illicit conveyance of letters by steam boats in
Canada, and requesting that measures be taken to put a stop to this
illegal practice.    (Three enclosures.) p. 633
Normanby to Colbome.   No. 51.    Acknowledging despatch No. Downing st.,
78 of June 3, and stating that there were no funds from which July 1
assistance could be given for building of St. Patrick's Church, Quebec,
but that if a sum should be granted by Provincial Ordinance, H.M.
would give it favorable consideration. p. 650
Normanby to Colborne.   (Circular.)   Transmitting, for attention, Downing st.,
address of House of Commons, calling for returns showing Revenue,My |
Expenditure, Sales of Land etc in North American, and Australian
Colonies,-from 1824 to 1837.    (Enclosure.) p.653
Normanby to Colborne. No. 52. Acknowledging despatches Downing st.,
No. 55 and No. 60 of April 13 and 17, and stating that Ordinances en- July2-
closed are under consideration. The delay in communicating decisions
on them would be the less inconvenient as all would go into immediate
operation. Comment on Ordinance relating to Seigniory of Montreal
was postponed until report of Law Officers had been received. If
proposed amendments to 1 Vict. c. 9 were enacted, Special Council
could deal with subject. p. 658
Normanby to Colborne. No. 53. Acknowledging despatch No. Downing st.,
84 of June 8, and stating that nomination of Geo. H. Ryland asJuly3'
Clerk of Executive Council had not been received, but if Colborne
considered appointment should be confirmed, it would be done, but
Ryland should understand that if union of provinces should deprive
him of office, he would have no claim for retiring allowance on
account of this appointment. p. 662
Normanby to Colborne. No. 54. Acknowledging despatch of Downing st.,
June 3, and stating that question of constructing a lock at St. Anne's My 4-
Rapids on Ottawa River had engaged attention of Treasury, which
decided that lock should not be constructed at public expense. Should,
however, proposed amendment of 1 Vict. c. 9 be carried through, there
would be no objection to Special Council making grant for purpose.
(Enclosure.) p. 665
Normanby to Colborne.   (Circular.)   Respecting appointments Downing st.,
to Custom's service in Colonies. p. 670 My 4- PUBLIC ARCHIVES
G. 42
1839
Downing St.,
July 5.
Normanby to Colborne. Acknowledging despatches No. 63 to
No. 86, inclusive, and unumbered despatches of March 1, April 1,
and May 15. p. 673
Normanby to Colborne. No. 55. Transmitting, in connection
with confidential despatch of June 12, two bills introduced into
Parliament relating to Canada. The bill to amend 1 Vict. c. 9 was
read the night before the second time. Bill for union of provinces,,
although introduced, would not be pressed that session. In meantime
views of people concerned would be ascertained. (Union Bill not
herewith). p. 674
Enclosure:—
Anno Secundo & Tertio
VICTORIAE REGINAE
and no Busi-
An Act to amend an Act of the last Session of Parliament for making
temporary Provision for the Government   of   Lower   Canada.
(17th August 1839.)
WHEREAS an Act was passed in the Thirty-first Year of the
Reign of His Majesty King George the Third, intituled An Act to
repeal certain Parts of an Act passed in the Fourteenth Year of His
Majesty's Reign, intituled "An Act for making more effectual Provision for the Government of the Province of Quebec in North America," and to make further Provision for the Government of the said
Province, whereby, among other things, it was enacted, that there
should be within each of the Provinces of Upper Canada and Lower
Canada respectively a Legislative Council and an Assembly, to be
constituted in manner therein described, and with such Powers and
Authorities as therein mentioned: And whereas an Act was passed
in the last Session of Parliament, intituled An Act to make temporary
Provision for the Government of Lower Canada, whereby it was
enacted, that from the Proclamation of the Act until the First Day
of November One thousand eight hundred and forty so much of the
said Act of the Thirty-first Year of the Reign of His Majesty King
George the Third, and of any other Act or Acts of Parliament, as
provides for the Constitution or calling of a Legislative Council or
Assembly for the Province of Lower Canada, or confers any Powers
or Functions upon them or either of them, should cease; and by the
said Act now in recital Provision is made in the meantime for the
Appointment by Her Majesty of a Special Council for the Affairs of
Lower Canada, and for the making of Laws or Ordinances for the
Government of the said Province by the Governor thereof, with the
Advice and Consent of the Majority of the Councillors present at any
Meeting of the Council: And whereas it is expedient that some of the
Provisions contained in the said lastly-recited Act should be altered:
Be it therefore enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
Authority of the same, That the Number of Councillors forming the
Special Council in manner provided by the said Act passed in the G. 42 REPORT FOR THE YEAR 1980 £
last Session of Parliament shall not be less than Twenty, and that no    1839
■Business shall be transacted at any Meeting of the said Special Council at which there are not present at least Eleven Councillors.
II. And be it enacted, That from and immediately after the Repeal of
passing of this Act so much of the said recited Act passed in the lastf?y*j?n°f
  —   ~- _ ._.„__ _j „. 9. prevent-
the Governor of the said Province of Lower Canada, with such Advice mg*he
and Consent as therein mentioned, shall continue in force beyond then^n™nt_iPT;
First Day of November One thousand eight hundred and forty-two, but _u per-
unless continued by competent Authority, shall be and the same is^^*;^
hereby repealed:   Provided always, that every Law or Ordinance Thirty DayT
which by the Terms and Provisions thereof shall be made to continue ^eforepar-
in force after the said First Day of November One thousand eight vS_toPre"
hundred and forty-two shall be laid before both Houses of Parliament being con-
within Thirty Days after a Copy thereof shall be received by One offirmed-
Her Majesty's Principal Secretaries of State, under the Provisions of
the said Act of the last Session of Parliament, if Parliament shall be
then sitting, or otherwise within Thirty Days after the then next
Meeting of Parliament; and no such Law or Ordinance shall be confirmed or declared to be left to its Operation by Her Majesty until
such Law or Ordinance shall first have been laid for Thirty Days
before both Houses of Parliament, or in case either House of Parliament shall, within the said Thirty Days, address Her Majesty to
disallow any such Law or Ordinance.
III. And be it enacted, That from and immediately after the Repeal of the
passing of this Act so much of the said recited Act passed in the lastf&2 y^.!
Session of Parliament as provides that it shall not be lawful, by any ». prohibiting
such Law or Ordinance as therein mentioned, to impose any Tax,J*new'-tato
Duty, Rate, or Impost, save only in so far as any Tax, Duty, Rate, be levied e_-
or Impost which at the passing of that Act was payable within the^^^nd
said Province of Lower Canada might be continued, shall be and the objects 0/°
same is hereby repealed: Provided always, that it shall not be lawfulg*^^.
for the said Governor, with such Advice and Consent as aforesaid, and s-S
to make any Law or Ordinance imposing or authorizing the Imposition j^^68^*0
of any new Tax, Duty, Rate, or Impost, except for carrying into pnated by
effect local Improvements within the said Province of Lower Canada,Govermnent-
. or any District or other Local Division thereof, or for the Establishment or Maintenance of Police, or other Objects of Municipal Government, within any City or Town or District or other local Division
of the said Province: Provided also, that in every Law or Ordinance
imposing or authorizing the Imposition of any such new Tax, Duty,
Rate, or Impost, Provision shall be made for the levying, Receipt, and
Appropriation thereof by such Person or Persons as shall be thereby
appointed or designated for that Purpose, but that no such new Tax,
Rate, Duty, or Impost shall be levied by or made payable to the
Receiver General or any other public Officer employed in the Receipt
of Her Majesty's ordinary Revenue in the said Province; nor shall
any such Law or Ordinance as aforesaid provide for the Appropriation
of any such new Tax, Duty, Rate, or Impost by the said Governor,
either with or without the Advice of the Executive Council of the said
Province, or by the Commissioners of Her Majesty's Treasury, or by
any other Officer of the Crown employed in the Receipt of Her
Majesty's ordinary Revenue. PUBLIC ARCHIVES
G. 42
1839
Repeal of tb
1 & 2 Vict.
biting the
Alteration
be made
effecting the
Temporal or
Spiritual
be published
in Gazette be-
IV. And be it enacted, That from and after the passing of this
Act so much of the said recited Act passed in the last Session of
Parliament as provides that it shall not be lawful for any such Law
or Ordinance as therein mentioned to repeal, suspend, or alter any
Provision of any Act of the Parliament of Great Britain, or of the
Parliament of the United Kingdom, or of any Act of the Legislature
of Lower Canada, as then constituted, repealing or altering any such
Act of Parliament, shall be and the same is hereby repealed: Provided
always, that it shall not be lawful for the said Governor, with such
Advice and Consent as aforesaid, to make any Law or Ordinance
altering or affecting the Temporal or Spiritual Rights of the Clergy
of the United Church of England and Ireland, or of the Ministers of
any other Religious Communion, or altering or affecting the Tenure
of Land within the said Province of Lower Canada, or any Part
thereof, save so far as the Tenure of Land may be altered or
affected by any Law or Ordinance which may be made by the
said Governor, with such Advice and Consent as aforesaid,
to provide for the Extinction of any Seigniorial Rights and
Dues now vested in or claimed by the Ecclesiastics of the Seminary
of Saint Sulpice of Montreal within the said Province, or to provide for
the Extinction of any Seignorial Rights and Dues vested in or claimed
by any other Person or Persons, or Body or Bodies Corporate or
Politic, within the Island of Montreal, or the Island called He Jesus,
within the said Province.
V. And be it enacted, That every Law or Ordinance to be made
by the said Governor, with such Advice and Consent as aforesaid,
shall, before the passing or Enactment thereof, be published at length
in the public Gazette of the said Province of Lower Canada.
VI. And be it enacted, That for the Purposes of this Act the Person authorized to execute the Commission of Governor of the Province
of Lower Canada shall be taken to be the Governor thereof.
VII. And be it enacted, That this Act may be amended or repealed
by any Act to be passed during the present Session of Parliament.
London:   Printed  by  George E.  Eyre  and Andrew  Spottiswoode,
Printers to the Queen's most Excellent Majesty.   1839.    p. 678
Normanby to Colborne. No. 56. Requesting that regret be
expressed to Mr. Tracy Thomas for inability to comply with solicitation that position be found for his son in Commissariat Department.
p. 682
Normanby to Colborne. (Separate.) Transmitting letter from
Foreign Office stating that Colonel Mudge and Mr. Featherstonhaugh
had been appointed to examine and survey Disputed Territory with
view to settlement of Boundary question, and requesting that they
may have every assistance.   (Enclosure.) p. 684
Normandy to Colborne. No. 57. Stating with reference to Col-
borne's despatches of Dec 14 (confidential) and of Dec. 31, No. 18,
reporting the suspension of Judges Panet, Bedard and Valliere de St.
Real, that, while Governor's action was at time approved, it was
necessary to deal with question of their removal altogether from Bench.
This would be impossible since the utmost to be imputed to them
was an error in law, for which there was some plausible authority. G. 42
REPORT FOR THE YEAR 1980
Bedard, who was in England during whole period of suspension, was    1839
returning to Canada, and it was decided to regard his absence from
Bench as absence on leave.  His salary of £450 was paid, and Treasury
should be reimbursed from Provincial funds. p. 690
Normanby to Colborne.  No. 59.  Acknowledging despatch No. 83 Downing st.,
of June 6, and stating that Admiralty did not consider that Mrs. JuIy 18-
Rolette had claim to pension on account of late husband's services
in Provincial Navv. p. 698
Normanby to Colborne.   No. 60.   Stating that proceedings of Downing st.,
Courts Martial reported in despatch No. 29 of Feb. 19, were referred July21-
to Law Officers of-Crown who reported their opinion that Courts were
competent and proceedings regular and that objections on behalf of
prisoners were properly overruled. p. 700
Normanby to Colborne.   No. 61.   Acknowledging despatch No. Downing st.,
88 of July 1, and approving of appointment of Messrs Mondelet,Ju,y 28-
Cochran and Duval to be Assistant Judges for District of Three Rivers
during suspension of Bedard, Panet and Vallière de St. Real.    p. 702
Normanby to Colborne.    No. 62.    Transmitting for attention Downing st.,
address of House of Lords for certain Returns of Revenue and Ex-My29-
penditure of Lower Canada.   (Enclosure.) p. 704
Normanby to Colborne.   No. 63.   Transmitting copy of despatch Downing st.,
to Arthur explaining grounds for advising H.M. to grant pardon to JuIyS0-
individuals sentenced to transportation under Provincial Act 1 Vict. c.
10. p. 711
Enclosure:—
Normanby to Arthur.   No. 84. Downing st.,
"With reference to my despatch of 17th May last, No. 47, I
have the honor to transmit herewith for your information the Copy 13g6
of a letter from the Under Secretary of State for the Home Depart- 13th July,
ment announcing that after considering the cases of the Canadian
Prisoners enumerated in that Letter, Lord John Russell had felt
bound to recommend to Her Majesty to grant them a pardon, on their
entering into their own recognizance not to return to Canada, nor to
appear within 50 miles of the Canadian Frontier.—I proceed to explain
the grounds on which this decision has been adopted.—
Shortly after their arrival in England these prisoners presented in Home
to the Crown petitions of which Copies are enclosed, impugning the
justice of their sentences, and praying that they might not be carried
into effect—So long as the legality of their detention in custody was
in question before the legal tribunals, Her Majesty's Government
felt bound to decline any interference in the matter; but that question
having been decided it became necessary to enquire into the allegations of the Petitioners, and to determine both whether it was just
to carry their sentences into execution, and whether this could be
done consistently with law.—
Respecting the guilt of the prisoners there was no room for doubt;
nor if their claim to mercy had depended on an estimate of the demerit
or the danger of their conduct would there have been any room for
hesitation. I have not found in the case of any one of these men any
fact which could be urged either to contradict the charges against
them, or materially to extenuate their guilt.—
981-May 23rd
& Mr. Parker's
9 833. 24th
Decr/38. PUBLIC ARCHIVES
G. 42
But their claim to a remission of their sentences is chiefly founded
on the terms of Sir F Head's Proclamation of the 7th of December
1837, on which they now insist as an amnesty for their Offences. In
two of these cases it would I think be scarcely possible to make any
satisfactory answer to this demand. In the other cases it appears to
Her Majesty's Government to possess very considerable though
inferior force.
But it has not been necessary to decide this question for a
difficulty of another kind has presented itself, to which after the
most mature enquiry and reflection we have found it inevitable to
yield. The decisions of the Courts of Queen's Bench and Exchequer
ascertained that the Prisoners were held in lawful custody in this
Kingdom. But those Courts did not determine either of the two
ulterior questions; namely, whether their compulsory removal from
this Kingdom, or their compulsory detention as Convicts in Van
Diemen's Land would be lawful. The Judges studiously declined the
expression of any opinion on either of those points of law because they
had not then actually arisen, and they strictly confined their Judgment to the precise and single question in controversy before them.
It was however inferred by those who attended the discussions and
heard the judgments, that the Judges entertained a very grave doubt
whether the Government could lawfully proceed further against the
Prisoners unless they could bring them to trial in this Country for
their Treasons.
Under these circumstances I consulted the Attorney and Solicitor
General on the question, whether if the prisoners should be sent to
Van Diemen's Land they could be lawfully held in custody there as
Convicts or Prisoners of the Crown. The Law Officers reported that
they could not be so detained or dealt with in that Colony unless
either an Act of Parliament or a Colonial Ordinance were made to
justify that course of proceeding.
Here then arose a conclusive and insuperable difficulty. Her
Majesty's Government could not propose such an Enactment either
to the Imperial or to the Local Legislature with any prospect of
success. Amongst other objections to such Law it was not the least
weighty that the Government are not in possession of the evidence
by which the Offences of the Prisoners or of any of them are established. We have indeed their petitions for pardon in which their guilt
is acknowledged in general terms, but under the peculiar circumstances of the case it was impossible that such an acknowledgement
could be admitted as a sufficient basis for legislation against them;
We have also the Reports of the Commissioners by whom the cases
were investigated, but on what proofs the Commissioners proceeded
it is not in our power to explain. An Act of Parliament or an
Ordinance of a nature so totally new and unprecedented could scarcely
have been obtained even on the most complete evidence of the facts.
In the absence of such evidence it was manifestly unattainable. To
have sent the Prisoners to Van Diemen's Land on the mere chance
that a Law might be passed there for their detention was a proceeding which it would have been impossible to hazard or to justify.
It thus became necessary either to bring these men to trial in this
Country for High Treason or to discharge them from further imprisonment. A Trial I need hardly say must have resulted (jn their
acquittal, because we have no producible witnesses of their guilt, and
because after all that had occurred such a prosecution would have G. 42
REPORT FOR THE YEAR 1980
been justly regarded with the utmost disfavor by the Court and Jury. 1839
The result is that they have been released on the conditions mentioned
in the letter from the Home Office. Her Majesty's Government
have used every exertion in their power to avoid a result which they
lament, as it may prove embarrassing to Your Administration, and
perhaps to the tranquillity of Upper Canada, I trust however that
when the real State of the case is known in the Province, any
excitement which may have been raised by this decision will subside,
and that it will be in your power to disabuse the public mind of the
opinion that Her Majesty's Government regard with indifference or
are disposed to treat with a misplaced lenity, such Crimes as those
of which the Prisoners in question are self convicted." p. 713
Normanby to Colborne.   No. 64.   Acknowledging despatch No. Downing st.,
64 of May 3, and transmitting letter from Treasury stating they July23-
required further information to decide on claim of Miss Sophia
Holland to compensation for loss of certain land granted to her
grandfather, but subsequently resumed by Government and at the
time forming part of garden of Chateau of St. Louis.    (Enclosure.)
p. 726
G. 43.    (1839)
Normanby to Colborne.   No. 65.   Acknowledging despatch No.    1839
89 of July 2, and stating that reasons given by Mr. Sewell for delay Downing st.,
in taking up an order for 2,000 acres of land made in his favor inAug12-
1829 are so inadequate that, under ordinary circumstances, his application would be refused.   But, in view of his long services, he should
be given opportunity to make further explanation, and if found satisfactory by-Governor and Council, instructions were given not to make
grant of 2,000 acres, but to allow remission of purchase money equal
to price of 2,000 acres of average land at time of order. p. 1
Normanby to  Colborne.    No. 68.    Transmitting letter from Downing st.,
Agent  General  for  Emigration containing  observations   on  Mr.Auk- «•
Buchanan's Annual Report for 1838, enclosed with despatch; and
directing attention to remarks on Emigrant Tax.   (Enclosure.)
p. 4
Normanby to Colborne.   No. 66.   Enclosing for attention letter Downing st.,
from Jane Bryan, enquiring after her daughter married to man named Aug-18-
Dickson and supposed to be living in Montreal.    (Enclosure.)
p. 21
Normanby to Colborne.   No. 67.   Notifying appointment of Downing st.,
Right Honourable Charles Poulett Thomson as Governor of UpperAug-81-
and Lower Canada, Nova Scotia, New Brunswick, and Prince Edward
Island, and Captain General and Governor in Chief of British North
America.   He would probably leave England in second week in
September. p. 26
Normanby to Colborne.   No. 69.    Stating with reference to Downing st.,
Governor's despatches Nos. 67 and 75 of May 6 and 20, that repre-Aus-31-
sentations had been made that M. Viger and others in custody were
being treated with unnecessary severity, and subjected to unusual and
unnecessary restraint.   While indisposed to credit these representations, Colonial Secretary desired report on subject. p. 30
15401—34 528 .    PUBLIC ARCHIVES G. 43
1839 Lord   J.   Russell   to   Thomson.    (Circular.)   Announcing   his
Downing st.,    appointment to the charge of Colonial Department. p. 35
Downing st., Russell to Colborne.   Stating that Admiralty were providing a
sept.s. passage home for him in H.M.'s ship "Pique" which would take
out his successor in Government. p. 36
Downing st., Russell to Thomson.    (Circular.)    Instruction that issues from
sept. 5. Military Chest as for Secret Service should be designated for "Special
Service". P- 39
Downing st., Russell to Thomson.   No. 1.
Sept*7' S The Queen having been pleased to confide to you the Govern
ment of the British Provinces in North America, I now transmit
to you the various Commissions under the Great Seal, which
authorize you to assume and execute that Office. The intimate
knowledge, which, as one of Her Majesty's Confidential Advisers
you have acquired of the progress of Canadian Affairs during the
last few years, and of the views of Her Majesty's Government
on that subject, relieves me from the necessity of entering on various
explanations, which it would otherwise have been my duty to afford
you. But it is fit that I should on the present occasion record for
your guidance the intentions of the Ministers of the Crown on the
principal topics of Canadian Policy on which you will be called, as
the Governor of those Provinces, to co-operate with them.
The Bill introduced into the House of Commons during the present Session of Parliament, embodied, as you are aware, the results of
deliberate reflection on the various suggestions contained in the
Reports of the Earl of Durham. The hope of passing that measure
into a Law before the Parliamentary recess, was defeated by various
' circumstances which occurred, and especially by the intelligence,
which, in the commencement of the month of June, reached us from
the Lieutenant Governor of Upper Canada of the state of Public opinion in that Colony, as expressed by the resolutions of the Council &
Assembly. We have never concealed from ourselves that the success
of any plan for the settlement of Canadian Affairs must depend on
the concurrence & support of the Provinces themselves. To learn
their deliberate wishes, and to obtain their co-operation by frank and
unreserved personal intercourse will, therefore, be the first & most
important of the duties which you will be called upon to perform.
In our anxiety thus to consult, and, as far as may be possible, to
defer to public opinion in the Canadas on the subject of Constitutional
changes, Her Majesty's Government must be understood as entertaining a very strong conviction in favor of the Policy of the measure
which they have proposed for the adoption of Parliament. Attaching
minor importance to the subordinate details of that Bill, we have
found no sufficient reason for distrusting the principles on which it
proceeds. These are, a Legislative Union of the two Provinces—a
just regard to the claims of either Province in adjusting the terms of
that Union—the maintenance of the three Estates of the Provincial
Legislature—the settlement of a permanent Civil List for securing
the independence of the Judges, and to the Executive Government
that freedom of Action which is necessary for the public good—and
the establishment of a system of Local Government by Representative
Bodies, freely elected in the various Cities & Rural Districts. From
any of these-principles Her Majesty's Government would be most
reluctant to recede.   After a full investigation of every other plan \.
G. 43 REPORT FOR THE YEAR 1930 -
which has been suggested they have not been able to discover in any 1839
3bo_ this the reasonable hope of a satisfactory settlement. It will,
therefore, be your first duty to endeavour to obtain for that measure
such an assent in its general principles, and such a correction of its
details, as may render it acceptacle to the Provinces, and productive
of permanent advantage. There are various modes by which this
object may be accomplished—, and in giving an outline of them, Her
Majesty has commanded me to express to you Her reliance upon your
judgment, to be formed upon the spot, as to the employment of such
as may be most conducive to the contentment & advantage of Her
Canadian Subjects.
1. You may appoint, by authority of the Executive, a certain
number of persons of weight and experience, selected from each Province, to frame Articles of Union, to be afterwards proposed to the
Legislature of Upper Canada.
2. You may assemble the Legislature of Upper Canada, and propose to them the appointment of a certain number of Commissioners,
to confer with others named by the Special Council of Lower Canada.
3. If you find that your overtures to the Assembly of Upper
Canada are not met in a fair Conciliatory, and reasonable spirit, you
may proceed to dissolve the present Assembly, and appeal to the sense
of the Inhabitants of the Province. But in the late unsettled state of
the Province, in the presence of repressed disaffection, with the necessity of a second dissolution before the Assembly of the United Province can meet,—this step must not be resorted to without the gravest
deliberation.
In whatever method you may proceed, Her Majesty's Government will expect to receive from you, founded on competent authority,
such a plan of representation, with a division into Cities & Districts,
as may enable them to lay the scheme before Parliament with confidence in the data on which it has been formed, and in the justice of
the general arrangement.
I will not now argue on a further supposition, vizt., that from
difficulty of detail, or mutual disinclination, the plan of Union may
be found altogether impracticable. Should you find, after all your
efforts, that such is the result, you will lose no time in communicating
to me, for Her Majesty's information, the grounds of your opinion,
and the nature of any alternative which may seem to you more conducive to the general good.
But above all things, it is important to avoid unnecessary delay.
The discussion which has already been protracted at the expence of
so much evil, and still greater hazard to the interests of the Canadian
Provinces, and of this Kingdom, cannot be too speedily brought to a
close. Her Majesty's Government will therefore anxiously await the
result of your enquiries, as to the state of public opinion in the
Canadas respecting the proposed Union, and the terms on which in
your opinion it should be effected. I earnestly trust that it may be
received in this Country by a period sufficiently early to enable us to
communicate it to Parliament at the commencement, or soon after
the commencement, of the Session of 1840, and then to proceed at once
with such measures as may be required to meet the exigencies of the
case.
The intelligence which has reached me from Upper Canada makes
it probable that you may be called upon for some explanation of the
views of the Minister of the Crown on a question respecting which the
Bill to which I have referred is necessarily silent.   I allude to the
16401-34. PUBLIC ARCHIVES C. 43
nature & extent of the control which the popular Branch of the United
Legislature will be admitted to exercise over the conduct of the
Executive Government, and the continuance in the public Service of
its principal officers. But it is evidently impossible to reduce into the
form of a positive enactment, a constitutional principle of this nature.
The importance of maintaining the utmost possible harmony between
the policy of the Legislature and of the Executive Government admits
of no question and it will of course be your anxious endeavour to
call to your Counsels and to employ in the Public Service those persons
who by their position & character have obtained the general confidence
& esteem of the inhabitants of the Province.
The Military Defence of the Canadas is another subject of
common interest to both Provinces, on which it is necessary that you
should be apprised of the views of Her Majestys Government. In the
correspondence between Lord Glenelg & Sir John Colborne, & especially in the Dispatches of the latter you will find a full discussion of
the plans which have been devised for that purpose. Amongst them
is a scheme for extended Fortifications to be erected and maintained
at an expence which it is not evident will be compensated by any
equivalent advantage. For the present, at least, notwithstanding the
deference so justly due to the opinions of that distinguished officer,
the Ministers of the Crown cannot recommend the adoption of this
scheme. On the other hand the plan suggested from this Country
and sanctioned by Sir John Colborne of creating Military Settlements
on the Frontier on the principle of Veteran Battalions appears to the
Ministers of the Crown as at once the most effective & the most economical plan of defence which could be pursued. Measures will be
taken, with the least possible delay, for carrying it into effect; and
in the mean time you will discourage and prevent as far as may be
compatible with the public safety either the augmentation, or the
continuance on foot of the Volunteers, or the Sedentary Corps which
were, embodied during the last Winter as a reinforcement to the
regular Army. On all subjects of this nature however you will consult
Sir Richard Jackson, whose judgment and Military knowledge will be
of the greatest service to you.
The only topic which it remains to notice as affecting the two
Canadian Provinces alike, is that of raising an Emigration Fund from
the proceeds of the Sales of the Crown Lands. Unfortunately, the
very elaborate Report communicated to me by Lord Durham on this
subject, serves but to confirm, and to place in a still clearer light, the
difficulties by which, as we were previously aware, the promotion of
this most important object is obstructed. Such is the extent of Land
alienated, and so inconsiderable the proportion which still remains
vested in the Crown that the hope of rendering any effectual aid to
emigration by the Sale of such Lands, cannot at present be reasonably
entertained. The necessary preliminary to the introduction of any such
System, would be the resumption of the large tracts of land held by
Grantees in a barren and unprofitable State. This could be effected
only by the imposition of a Tax on uncleared Land, and by Enactments for the collection of that Tax, to ensure the due execution of
the Law. In the Lower Province there exists, at the present time, no
authority by which such a Tax could be imposed. In the Upper
Province it is hardly to be expected that in the present state of affairs,
the difficulties which encompass the subject will be effectually overcome.   Amongst the benefits to be anticipated from the Union of the G. 43 REPORT FOR THE YEAR 1930 I
Provinces it is not the least important that the United Legislature    1839
would be able to act upon subjects of this nature with a great comparative freedom from the undue bias of local interests, and with a
large view to the permanent improvement of the Provinces.
Such being the principal subjects of common interest to the two
Provinces to which your attention will be immediately called, I have
next to notice those which will relate exclusively to the Province of
Upper Canada.
The Act which has been passed in the last Session of Parliament in
amendment of the Act of the 1st Year of Her Majesty's Reign, providing for the temporary administration of the Government of Lower
Canada, will relieve you and the Special Council from any of the
impediments by which your immediate Predecessor has been encountered in the attempt to promote the internal interests of the Province.
Sir John Colborne's Dispatches and especially that of the 15th of
March 1939 have pointed out very clearly many objects of great
public utility which he was unable to advance in consequence of the
restrictions under which the Legislative powers confided to him and
to the Special Council were exercised. To these your attention will of
course be given. Much as the suspension of Constitutional Government in Lower Canada is to be regretted, it will not be without a
very considerable compensation, if, during the interval, arrangements
should be maturely & wisely made for securing to the People at large
the benefit of those Social Institutions from which in former times the
thoughts of the Local Legislature were diverted by the controversies
which then agitated the Provincial Society.
The Establishment of Municipal Institutions for the management
of all local affairs, will be among the most important of the subjects
to which your attention will be called. On this subject I would refer
you to the Report of the Earl of Durham and the Appendix marked
C, by which it is accompanied. Although the Commissioners whom
His Lordship appointed to investigate the question were unable from
the shortness of the time to submit to him any conclusive recommendations respecting it, the information which they collected will prove
of much advantage to you. On the importance of such institution