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Report of the Public Archives for the year 1933 Public Archives of Canada; Doughty, Arthur G. (Arthur George), Sir, 1860-1936 1934

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Array PUBLIC ARCHIVES
FOR THE YEAR 1933
ARTHUR G. DOUGHTY
Keeper of the Records
OTTAWA
J. O.  PATENAUDE
PRINTER TO THE KINO'S MOST EXCELLENT MAJESTY
Price, $1.00  DOMINION OF CANADA
REPORT
PUBLIC ARCHIVES
FOR THE YEAR 1933
ARTHUR G. DOUGHTY
Keeper of the Records
OTTAWA
J. 0. PATENAUDE
PRINTER TO THE KING'S MOST EXCELLENT MAJESTY  CONTENTS
Deputy Minister's Report v
Reports of Divisions x
Appendix I xxi
Introduction to Appendix I xxiii
Appendix II 83  REPORT OF THE PUBLIC ARCHIVES
FOR THE YEAR 1933
The Hon. C. H. Cahan, K.C., M.P.,
Secretary of State of Canada.
Sm,—I have the honour to submit to you a report on the activities of the
Archives during the last twelve months. An efficient public service was maintained by a small staff at the expense of much unseen though necessary work.
Pressing demands have been made by certain Members of the House, and
by students and instructors, for the publication of documents relating to the
constitutional history of Canada, following the period already covered in special
volumes.1 The task of selecting and publishing such material would have fallen
to the Board of Historical Publications; but on the death of the Chairman, two
years ago, that Board was abolished. The Department, however, has selected
and printed a number of documents bearing on constitutional affairs during the
years 1818 to 1822: these will be found in Appendix I to the present Report.
It is proposed to continue this publication next year.
For well over half a century literary inquirers have turned to the Government for historical material to interpret the wonderful story of Canada. The
process of collecting records to meet the demand was necessarily slow because
financial aid was small. Thirty years ago, as a result of hard work on the part
of my predecessor, 3155 volumes of historical material were in the National
Archives, 1,062 volumes of which related to military matters of comparatively
recent date. A determined effort was then made to prove that the principal
function of the Archives is not merely to meet the requests of private individuals
or even of educational institutions, but to keep and preserve the records for the
proper conduct of public business and the accurate determination of dominion,
provincial, municipal and individual rights. The commercial value of the
records to the nation and to the business man was recognized and financial
support was provided. In the annals of the courts during the last twenty-five
years there is abundant evidence that vast sums have been saved to the nation
as well as to the public by the timely production of documents, surveys, maps
and plans at one time considered worthless. The great monetary value, to the
Government and private citizens, of material rescued from destruction is apt
to be overlooked by those who use the Archives solely for historical purposes.
Nevertheless it is the duty of the Archivist to bear it in mind and to shape his
policy, in the acquirement, arrangement and classification of the records, in
accord with all the needs which a Department of Public Archives should meet.
Few people are aware of the work that is carried on in the Archives, or of the
condition that large quantities of records were in a quarter of a century ago.
Hundreds of thousands of documents now in an excellent state of preservation,
in portfolios or neatly bound volumes, were received in a dirty, dilapidated
state, and, before they were safe or fit to handle, had to be cleaned, pressed and
repaired. Thousands of maps that seemed fit only for the rubbish heap have
been skilfully treated, and with care will last indefinitely. Much of this onetime discarded material is now a most valuable national asset.
The collection of 3,155 volumes of manuscript in the Archives thirty years
ago has increased more than a hundred fold. The great problem has been how
to make this large mass of material known outside of Government circles, since
it is desirable that Canadians, wherever they be, should have access to the
sources of their history. Unusual facilities have been offered to students to
consult the records in the Archives building, and guides, calendars and collections of documents have been published for their use. But comparatively few
persons from a distance can support themselves in Ottawa for weeks and months
in order to render themselves better fitted to tell the story of Canada to the
1 Documents relating to the Constitutional History of Canada, 1759-1791  (Ottawa, 1907).
Documents relating to the Constitutional History of Canada, 1791-1818 (Ottawa, 1914). vi PUBLIC ARCHIVES
future builders of the nation.   Calendars of papers serve a useful purpose, butj
well-edited collections of documents are more welcome to those who seldom
have an opportunity to  examine  the  originals.   Teachers   and  students are
making a laudable use of the Government records that are in print, and no;
doulbt in time facilities for editing and printing will be increased.
In Appendix II a portion of the calendar, prepared by the late William
Smith, of the despatches of Upper Canada found in the " G " Series, is printed.
Last year Mr. Smith's calendar of the despatches of Lower Canada was
completed.
Some twenty years ago the Department proposed to publish collections of
documents relating to Agriculture, Trade, Finance, Exploration, &c. Much of
the material has been gathered for the purpose, but editors are lacking. New
sources bearing on the early economic history of Canada have been examined
in Europe and already a large number of transcripts are in the Archives.
The obligation to publish a report annually prevented the making of an
index to each volume. Out of the seventy odd publications the only volumes
indexed are the Report for 1904, for 1905, and for 1932; the Ctoi-stitutional
Documents, the Catalogue of Pamphlets, and the Kelsey Papers. An index of
the Reports to the year 1887 has been completed and will be published when
conditions are more favourable.
This year has been remarkable for the number of valuable donations to
the Archives. Madame Hector Prévost presented thirty-one volumes relating
to the Fraser Highlanders, the Royal Highland Emigrant Regiment, and the
Voltigeurs. The papers consist of accounts, orderly books, strength returns,
correspondence, &c, between 1768 and 1784. These are exceedingly interesting
for the history of the Scottish regiments in Canada. One noteworthy document
is a New Exercise dated 1755. Captain Knox referred to this Exercise when
at Louisbourg in 1758. " I flattered myself I should have seen the grenadier
companies of this garrison reviewed by General Wolfe, but it was over before
I could get there; I was told they went through all thedr manoeuvres and
evolutions with great exactness and spirit, according to a new system of discipline; and his Excellency was highly pleased with their performance. Some
Commanding Officers of corps, who expected to be also reviewed in their turn,
told the General, by way of apology, that, by their regiments having been long
cantoned, they had it not in their power to learn or practise this new exercise;
to which he answered,—' Poh ! poh !—new exercise—new fiddlestick ; if they are
otherwise well disciplined and will fight, that's all I shall require of them.' "
The widow of the Honourable William McDougall presented to the
Archives six excellent water colours of Fort Garry, Fort William and the
vicinity in 1869, and an unusual print of the Fathers of Confederation.
Sir Campbell Stuart has given to the Archives a portrait of the Rev. Dr.
Stuart and his wife. Dr. Stuart, the founder of the Canadian branch of the
Stuart family, had the distinction of being the first English schoolmaster in
Montreal (1781). In 1785 he was missionary priest in Kingston. Portraits
of other members of the Stuart family, including the first Chief Justice, were
obtained from the family in Scotland through the good offices of the late Sir
Edmund Walker.
For a quarter of a century Mr. Berkeley Powell has been a benefactor of
the Archives. The latest proof of his generosity is the donation of forty-four
framed pictures and two albums of Bytown and Ottawa, and five volumes
concerning the military history of Canada'. These items have been gathered
as the result of persistent research over a long period. There are many items
dealing with the earliest history of the Capital that cannot be found elsewhere.
The late J. S. Ewart, K.C., was a familiar figure in the Archives ever since
his residence in the Capital. He regarded the institution as his second home,
and gave, some years ago, a mass of material he had gathered for a documentary history of Canada. By his will he desired the portrait of himself by
Miss Dorothy Vicaji to be offered to the Archives.   It bears this inscription:— REPORT FOR THE YEAR 1933 vii
" JOHN S. EWART, K.C., LL.D.
1849-1933
WHO BY HIS WILL OFFERED THIS PORTRAIT BY
DOROTHY VICAJI TO THE PUBLIC ARCHIVES HIS
FAVOURITE HAUNT FOR INSPIRATION AND  HISTORICAL DATA."
Two small paintings, probably the first painted under British rule, were
presented to the Archives by a benefactor in England. They were painted in
1760 by Serres and represent the effect of the bombardment of the Upper and
Lower Town of Quebec in 1759. At one time they belonged to George
Townshend, who signed the Capitulation of Quebec on the 18th of September,
1759. Several engravings framed in oak from a French vessel, raised in the
harbour of Quebec many years ago, were received from the same source.
The Department has received as a gift from Sir James Macaulay Higginson
a curious painting of the opening of Parliament in Montreal, with Sir Charles
Metcalfe occupying the chair. The picture is painted by Andrew Morris. The
building of which the interior is here shown was destroyed by fire in 1849, as
related in the following extract from the Orders of the Day of the 25th of April
in that year. "The House then resolved itself into the said Committee; and,
after some time spent therein, their proceedings were interrupted by continued
volleys of stones and other missiles, thrown from the streets into the Legislative Assembly Hall, which caused the Committee to rise, and the Members
to withdraw into the adjoining passages, for safety,—from whence Mr. Speaker
and the other Members were almost immediately compelled to retire, and leave
the building, which had been set on fire on the outside, and the flames rushing
in at the south gable end."
Two water-colour sketches of Ottawa in 1879 by W. Chesterton were
presented to the Archives by Miss Chesterton.
The collection of views of By town is becoming very valuable. One of the
most highly prized views is the large water-colour from By's house at Frant
presented to the Archives by His Grace Archbishop Roper.
The Department has acquired some remarkable documents, of which a
detailed list will be prepared in due course. They include a letter-book of the
Canadian Legislature for the years 1855 to 1862; an account-book of the same
Legislature for 1857; regulations for the fur trade in Montreal, 1718; a manuscript volume of the year 1610, bearing the title Geographiae Praxis, which
contains references to New France and to Virginia; a grant made by the
Company of New France in 1635 to de Lauzon, giving him the sole right of
the navigation of the St. Lawrence River; a list of naval Officers serving in
Canada, signed by Louis XIV; documents bearing on French encroachments
in North America," 1748-1756, prepared for the House of Lords; and documents
regarding the administration, resources, etc., of Nova Scotia, 1840 and 1842.
There are over one hundred such documents, each of which has a special interest.
A Calendar will be prepared during this year.
The gift of Colonel Molson Macpherson of Quebec is in many respects
the most outstanding. It consists of some two hundred Canadian prints, water-
colours and portraits, letters of Sir John A. Macdonald, journals, several hundred books, &c. A number of rare Canadian books are contained in a beautiful inlaid bookcase which belonged to Sir David Macpherson of Chestnut
Park, Toronto.   A catalogue will be prepared.
A document of interest to the West is here printed.
North West Fur Trade
Wheras in pursuance of an authority given to that Effect, and with the
view of establishing a trading Boundary, and thereby avoiding all collision &
dispute between the North west Company, and any company which might viii PUBLIC ARCHIVES
associate for the purpose of canying on Trade to the Indian Country within
that part of the Territory of the United States usually carried on from Michili-
macinac—The following Stipulations were made at New York on the Twenty
Eighth day of January last, in an agreement made & entered into between
Forsyth Richardson & Company and McTavish McGillivrays & Company of
Montreal Merchants & their associates, under the firm of the Montreal Company
of the one part, The said Firms being represented by William McGillivray—
and the American Fur Company on the other part, represented by John Jacob
Aster of New York.—To which Stipulations the said William McGillivray
for & behalf of the North west Company consented & agreed. The same
being in these words and composing the Eleventh & Fourteenth articles of that
agreement that is to say—
Article 11th " To remove all causes of collision with the company Trading
from Canada called the North west Company, it is hereby agreed that
the companies who are parties hereto, shall on no account trade nor
Equip any person to Trade after the outfit of the year Eighteen
Hundred & Eleven with Indians beyond the Territorial Limits of the
United States, unless to such part of Lake Huron as shall not be
within the Limits of any Trading post at present Established by
the said North west Company—Provided always that the said North
west Company shall also agree on their part not to Trade nor Equip
any Person to Trade after the said Outfit of the year Eight Hundred
& Eleven with Indians within the Territorial Limits of the United
States, nor beyond the Limits of any Trading post near Lake Huron
now actually Established by the said Company—It being however
understood, that for the outfit Eighteen Hundred & Eleven, each company is to conform itself to the restrictions agreed upon between the
North west Company and the said late Michilimacimac Company."
Art. 14th " It is hereby expressly agreed upon by and between the Parties
hereto, that the North west Company shall after the present year,
deliver up to this concern all and every Post of Trade or Trading
House, which they at present occupy within the Territories or Limits
of the United States of America and shall not hold any Separate
Interest in Trade with any other person or persons other than the
Present Concern in the Indian Country within the Territories of the
United States of America, nor furnish any person or persons with
Goods for the purpose aforesaid—And it is further declared and
agreed upon that the Limits within which the Trade of this concern
shall be carried on has no application whatsoever to any country
beyond The Ridge of the Rocky Mountains, nor the River Missouri,
nor to the North West Coast, or in the Pacific Ocean, any thing
herein contained to the contrary notwithstanding."
It is therefore Resolved—and the Parties subscribing hereto forming a Legal
Majority of the North west Company at a General meeting do Resolve, that the
clauses in articles above mentioned & composing the 11th & 14th articles of the
aforesaid agreement so entered into at New York, & every part of the said
clauses & articles, in so far as regards the North west Company be, and the
same are hereby ratified, approved, & confirmed-—and it is further Resolved that
the Agents of the North west Company be, and they are hereby authorised and
empowered on behalf of the North west Company to execute any further writing
—act or Deed, which may be considered needful, for a more formal ratification
thereof—In Testimony wherof the undersigned Partners of the said North westi
Company forming a Legal majority of the Same, have by themselves or thedri|.
attornies set their Hands & Seals to these Resolves in order that the same may
be produced whensoever requisite— REPORT FOR THE YEAR 1988 ix
Dated at Fort William District of Kaministiquia this day of July Fifteenth,
in the year of Our Lord one Thousand Eight Hundred & Eleven.
W. McGrLLrvRAY for self and
McTavish McGillivrays & Co
Alex* McKenzie for self &
Sir Alexr McKenzie & C°
John McDonald
D. McTavish
John Macdonell
Duncan Cameron
James Hughes Jun*
H McGillis
John McGillivray
Arch" McLellan
Signed & Sealed in presence R. Cameron
of Js. C. McTavish R Mackenzie
Robet Cowie John D. Campbell
John A. Macdonald, as a Poll Clerk, at the Age op 19.
I John Alexander Macdonald do Swear, that I will at this Present Election
of two members to Serve in Parliament for the County of Prince Edward, truly
and indifferently take the Poll, and Set down the name of each freeholder, and
the place of his freehold, and for whom he Shall Poll, and Poll no freeholder
who is not Sworn, or put to his affirmation, if So Legally required.
John A. Macdonald
Sworn before me openly at the Poll Clerk
Court House in Picton this 6th
day of October 1834.
S. Washburn
Commissioner
Letter op Hugh John Macdonald, April 7 1870
_^      _    „ Toronto April 7th/70
Dear Sir George
As I see by the papers that a rather large force of volunteers is to accompany the regulars to Red River I write to ask you to put in a good word for me
with my father, as I am really anxious to go. I wrote him on the subject yesterday, but one word from you would have far more influence with him than
a dozen letters from me. I have a Military School certificate, and have been
a member of the Queens Own Rifles for some years, besides this I am used
to camping and could stand the knocking about, besides I am very fond of that
sort of life. All the young fellows of my own set are trying to get commissions,
and if I am less eager than the rest-, aspersions will be cast on my personal
courage, and you, Sir George, as a member of the chivalrous French noblesse
know how annoying that would be. If you do manage to persuade my father
I will be everlastingly grateful, and if he does I hope you will not forget me
when the ensigns are appointed.
I must apologize for taking up your valuable time, but this is a subject in
which I feel a deep interest.
I remain
your humble & obedient servant
Sir George Cartier Bart Hugh J. Macdonald
Minister of Militia
Ottawa. 	
The Reports of the Divisions here follow.
I have the honour to be, sir, your obedient servant,
Ottawa, January 15, 1934. A. G. DOUGHTY. REPORT OF DIVISIONS
MANUSCRIPT DIVISION
MATERIAL FROM FRANCE
Archives Nationales:
Colonies:—Series C11A Carton 126
Canada & Ile Royale, He St Jean
Cartes et Plans
Series E no.    18—Dossier Barthélémy
240—Dossier Boularderie
272—Dossier Repentigny
Marine:—Series A1 Liasse   87-104 Edits 1754-1769
107 -   1,776
Series B3 Vol: 321-335 Correspondance 1728-9
Series B4 Vol: 33-39 Campagnes 1708-1725
Nationale:—Series E Vol: 285A-409B Conseil des Finances 1656-68
Series G5 Vol: 1-261 Conseil des prises 1695
Series V? Vol: 414 Conseil d'Estat 1711
Series Y Vol: 132-160   Châtelet de Paris 1590-1619
Archives Diverses:
Séminaire des Missions Etrangères
Vol:    39-45 Procure 1803-1836
Vol: 215-218 Rome Procure 1726-1773
Vol: 221-225     " "       1798-1850
Vol: 273        Inventaire des Archives 1707
Archives Communales.
Charente Inférieure:
Series B. carton 4 (II) Louisbourg 1727 no. prov: 88-90 La Rochelle
No 70-1672.
Series B. Vol: 192 Registre La Rochelle 1645.
193       " " 1646.
199       " | 1654.
252 Conduites payées 1748-57.
267 Registre Louisbourg 1733-39.
268 " " 1731-34.
[Bonniot
Archives Notariales—Etudes jMenou
[Sacré
Archives des Ports Maritimes.
Rochefort: Series 2 F. Liasse 13 Louisbourg 1733-34.
Bibliothèque Nationale.
Fonds Français 4600 Arrêts-Discours.
4616 Familles de Paris.
22692-22803 Collection Dangeau.
27148 Pièces Originales.
9678 Nicolas Delisle.
VIII. Collection Baluze. Bibliothèque de la Section Technique du Génie.
Série Info. no. 205.  Lettres de Franquet 1750-55.
Ministère des Affaires Etrangères.
Correspondance Politique Angleterre Vols. 460-4 Supplément 1764.
Ministère des Colonies.
Series G2 Vol: 178-Conseil Supérieur 1720.
MATERIAL FROM ENGLAND
Admiralty—
No 51/2248 Log of H.M.S. Centaur 181,4 Captain J. C. White
Audit Office-
Series 16 Vol. 150 Extract re Sir Thos. Mills
Colonial Office—
Series 43 Vol: 71-75.   Letters from S of S 1828-32.
House of Lords—
Sessional Papers 1840 U.C. Clergy Reserves—Opinion
S.P.G. in F.P.—
Series D. Vol: 42")    Letters received 1875-77.
44 f.
War Office-
Series 34 Vol: 16-23.   Amherst 1
Series 55 Bundle 859 Mss. re model of Quebec
Edinburgh—
Advocates Library Vol: CXX- Murray Papers 1814-15
MATERIAL FROM CANADA
Federal—
Department of Marine & Fisheries—
Shipping Register- Dunnville, Ont. 1861-78 (original)
Governor General's Office:—
Despatches:—
Secretary of State for Colonies to Governor General 1876-96.
H.M.  Ambassador  Washington  to  Governor  General   1876-94.
Governor General to H.M. Ambassador Washington 1885-94.
Correspondence:—
Letters received 1868-1,904
High Commissioner for Canada 1880-88
Registers:—
Secretary of State for Colonies 1877-1896
Governor General 1877-95
Governor General's Letter Books 1873-1901
Letters received 1877-1904
From H.M. Ambassador Washington 1886-94
To H.M. Ambassador Washington 1886-94
Provincial—
Manitoba
Memorandum re Bureau of Social Research
Nova Scotia
Land Grant to John Small 1787 xii PUBLIC ARCHIVES
Quebec
College of Arms of the Noblesse Inc: Certificates
Montreal Historical Society
Letters Baldwin-Lafontaine 1841-6
Palais de Justice:—
Répertoire des Notaires:—Adhémar, Basset. B.
St. Sulpice Library:—
Baby Collection—Documents divers.
Quebec Archives—
Registre de la Prévôté 1757-9.
Mss. re Roussel-Philibert (Chien d'or).
Parish Registers—
Sault-au-Récollet.
St. Eustache-Rivière du Chêne.
LIST OF FRASER PAPERS
A New Exercise 1755.
Petition for General Assembly 1763.
Correspondence 1782-98.
84th Regiment Strength Return 1782.
A Form of Prayer 1802.
British Military Society Quebec.
Royal Highland Emigrants Petition 1777.
Royal Highland Emigrants Report 1779.
Royal Highland Emigrants Accounts 1775-6.
Royal Highland Emigrants Accounts 1775-7.
Royal Highland Emigrants Accounts 1775-8.
Account Book 1768-70.
Account Book 1773-84.
Cash Account 1780-2.
Provision Account 1783-4.
Voltigeur's Day Book 1820.
Strength Returns 1776-7.
Strength Returns 1777-80.
Strength Returns 1780-3.
Orderly Book 1775-6.
Orderly Book 1776-7.
Orderly Book 1777-8.
Orderly Book 1778-9.
Orderly Book 1779-80.
Orderly Book 1780-81.
Orderly Book 1781.
Orderly Book 1781-2.
Orderly Book 1782-3.
Orderly Book 1782-3.
Orderly Book 1783-4.
Exercise Book 1777.
MISCELLANEOUS DOCUMENTS
Centenary Papers relating to Sir George E. Cartier 1919.
Telegraph receipt book 1870.
History of St. Mary's, Marysville Tyendenaga.
Ketchum Journals  (2)   1856-64-1898-01.
Letters from Sir John Macdonald to Sir David Macpherson and Commissions of
Sir David Macpherson.
Neilson Diary, 1871-1884.
Papers relating to Darcy McGee. REPORT FOR THE YEAR 1983 xiii
G. T. Railway Papers 1856.
Amendment's Juvenile Delinquents Act 1926-33.
Land Grant 1812.
Indenture 1846.
Notes on early Canada, P.O. papers 1836-40.
Taché Family Papers.
Mss. re Capt. Peter Du Val.
Mss. & newspapers Kingston 1840-1917.
1707 Dame Couillard ratification of sale.
1884 St. Helen's Island Military Cemetery.
Richardson—S. Journal—Labrador 1771.
CLASSIFICATION, INDEX AND INFORMATION DIVISIONS
Ninety-two thousand five hundred files and two hundred and thirty-four
letter books, covering the period of 1848 to 1892, were received in May last
from the Department of Agriculture. They were moved, sorted, put in 371
portfolios and placed on the shelves in Room 8.
A large number of documents composed of the correspondence, monthly
and yearly returns, of the different battalions of Militia of Lower and Upper
Canada, from 1800 to 1866, have been classified. This work, begun last year,
is not completed yet, owing to the clerk employed being temporarily assigned
to other duties.
Classification of Active Militia Pay Rolls of the various units comprising
Cavalry, Artillery and Engineers, from 1867 to 1908, has been proceeded with
during the year. These are now ready to be placed in portfolios. These documents approximate 12,000.
The Department of National Defence has recently transferred to the
Archives the Military Pay Rolls covering the service of all those who served
in the Fenian Raids of 1866 and 1870. Accompanying these papers are the
applications and awards for the bounty granted by Parliament in 1912. The
acquisition of these pay rolls, service rolls and lists, which approximate 45,000
documents, now completes our collections of the records of the Fenian Raids.
LIST OF APPLICANTS FOR THE FENIAN RAID VOLUNTEER BOUNTY WHOSE CLAIMS
HAVE BEEN APPROVED
1. List 1 to 695  55 Bundles
2. Disallowed claims Fenian Raid List 1 to 37,000  10     "
3. Claims for grants disallowed, List 1 to 36,000  1     "
4. Data re Medals   1 Folio
5. Applications for grant re officers, regiments General  3 Bundles
6. Notes on Fenian Raid Bounty 	
7. Fenian Raid Bounty applicants received subsequent to July
31st, 1915   1     "
8. Two envelopes together  1 Package
9. List of applicants for bounty approved and disallowed claims.. 2 Bundles
10. Pay Lists re Fenian Raid generally  2 Boxes
RESEARCH AND INFORMATION
The many requests received which necessitated researches in the Military
Records are of a general nature, Old Age Pensions, Records and Lists of the
early militia, for historical purposes, and anniversary commemorations from
County Historical Societies and the present day military units who trace their
organization to the earlier local militia companies.
Many requests were received from all parts for records of Military service
for genealogical purposes, also the compiling of data and material of a military
nature in connection with the perpetuation of historical sites for the Historical
Sites Commission. xiv PUBLIC ARCHIVES
The work done in connection with the records of the World War was as
follows:—
Files examined and prepared for custody         78
Files in circulation    1,228
Researches        337
Requests for information or files not elsewhere noted...      194
The greater number of researches and the increased circulation of files has
lessened the time available for examination and preparation of files for custody.
Researches from Overseas records has been approximately seventy per cent
successful. _	
The number of requests for information, production of files and copy of
documents received since the last report amounts to 1,557.
The fourth centenary of the discovery of Canada, the third, of the founding
of Trois-Rivières and the first, of the granting of a city charter to Toronto have
occasioned a large number of researches. Much has also been done in furnishing
material for a history of Gaspé, of the Eastern Townships (especially for the
County of Stanstead), for completing the collections of the archives of the
Anglican Diocese of Quebec, and for the history of several counties and parishes»
Much research work has been entailed by family histories and genealogies
which continue to be in favour among the public.    Among the requests for
information, one may mention a few, such as: When was the beaver first used|
in the Coat of Arms of Canada; the introduction of apples in Nova Scotia; the!
history of Medicine and Surgery in Canada; the early history, costumes and
treaties of the different Indian Tribes; history of the lighthouse at Louisbourg
(the first fireproof building in North America) ; ship-building in Canada; the
centenary of the crossing of the Atlantic Ocean by the " Royal William " ; the
centenary of the political and social emancipation of the Jews in Canada; the!
exact burial place of Christophe Dufrost de la Jemmeraye; the construction of
the Carillon-Grenville Canal and Railway; the history of the Tunker, Quaker
and Mennonist Churches in Canada; the use of the French Language in Parlia-f
ment; the history of the North-West Rebellion of 1870 and 1885; documents
respecting the Harbour of Montreal; etc., etc.
These requests come, as usual, from historians, historical associations, universities, students and others from all over the country, the United States and
England.
The descendants of the United Empire Loyalists continue to ask for information concerning their ancestors.
Official information has also been furnished to the different departments of
the Federal and the Provincial Governments,  in  particular to  the National
Defence, the Post Office, the Trade and Commerce, the Interior and the Publiœl
Works.
In the several sections, the data extracted for historical and general purposes continue to prove of great value and the large number of questions and
requests for verification of militia rank and service in order to obtain pensions
and for military histories have also been dealt with.
INDEX
The index of the Quebec Gazette is being continued. It now reaches the
end of the year 1817.   Cards placed in drawers—11,000.
The index of muster rolls of the regiments of Loyalists are being typewritten.
Placed in drawers       10,410
" C " Series        2,400
Researches indexed       4,030
Total      27,840
The work on the catalogue of documents in the Manuscript Room No. 32
is continued. REPORT FOR THE YEAR 1988 XV
The index of the Annual Reports of the Public Archives, both English and
French, was continued during the year and 12,500 slips have been prepared.
They are being arranged alphabetically.
An index of the "Bourgeois du Nord^Ouest," a work often consulted for
the history of the Canadian West, is being prepared.
The inventory of the manuscript material relating to the three Eastern
Maritime Provinces is being pursued.
The index to our volumes " Documents relating to Currency, Exchange and
Finance in Nova Scotia with prefatory documents, 1675-1758 " has been
completed.
Sixty-one volumes of the " S " Series have been prepared for the bindery
and bound.
Ottawa, 9th December, 1933. FRANCIS J. AUDET.
HISTORICAL RESEARCH AND PUBLICITY DIVISION
January 1—December 31, 1933
A further reduction of the staff of this division has necessitated the continued
suspension of some of its activities. Every effort is being made, however, to
meet the immediate requirements of the government service and of the public.
I. RESEARCH
One hundred and forty-eight special investigations were made during the
I year, in the interest of the federal and provincial governments, municipalities,
public and private institutions, and individuals.   A large proportion of these
called for long and difficult research work.
II. PUBLICATIONS
Work on the Catalogue of Pictures and other proposed publications remains
suspended.
III. PAINTINGS, DRAWINGS AND PRINTS
Pictures received, 253.
Volumes received (pictorial collections, including scrap-books which con-
Itain over one thousand pictures), 41.
Pictures catalogued, 875.
The above numbers do not include several hundred valuable pictures
I received with the Macpherson and other collections.
Much work has been done during the year on the manuscript catalogue
I of pictures, in classification, arrangement, editing, etc.
IV. PHOTOSTATS AND PHOTOGRAPHS
Photostat negatives prepared and indexed, 73.
Photograph negatives prepared and indexed, 121.
During the year, 389 photostatic and 229 photographic prints of material
in the Public Archives were supplied by this Division.
V. LANTERN SLIDES
Lantern slides prepared and indexed, 18.
Lantern slides loaned, 335.
January 10, 1934.
JAMES F. KENNY. xvi PUBLIC ARCHIVES
MAP DIVISION
The catalogue of maps, plans and charts, has been brought up to date and
arranged in drawers.
RESEARCH
One hundred and eleven professors, lawyers, engineers and students consulted maps in the map division during the year and two hundred and forty-
eight requests by mail were received. The enquiries came from every section
of Canada and from the United States and Europe. The searches made included in addition to those made for students, a large number of searches for
information on the boundaries of water lots on the St. Lawrence River and ;
Great Lakes and on the location of concession and township roads in Western
Ontario.
LIST OF ACCESSIONS
Acadia.   Carte de la Coste de l'Acadie, Depuis le passage de Fronsac Jusques
à la Riviere St. Jean.   Par la Lanne Escriuain. 1684.   Archives Du Service
Hydrographique De La Marine—13, Rue de L'Université Portfeuille 132—
Div. 4^—Pièce 1.   Copié par Ch. Baudouin, Novembre 1933.    Collationnél
le 3 Novembre, 1933.   Th. Beauchesne.
Alberta Province—
Township 23, Range   5, West of Fifth Meridian.
31,      "      28,       "       Fourth       "
"        31,      "      29,       "       Fourth
35,      S        8,       I       Fifth
"        38,      "        9,       "       Fourth       "
47, "      22,       "       Fifth
48, "      22,       "       Fifth "
52,      "      11,       "       Fourth
65,      "      24,       "       Fourth
Atlas. Monumenta Cartographica Africae et Aegypti par Youssouf Kamal.
Tome Deuxième Fascicule IV.   Atlas Antiques et Index 1933.
Atlas. Sea-Atlas. 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.   John Seller.
Baye Verte et la Bay francoise. Carte de l'isthme d'entre la Baye Verte et la
Bay francoise—Brigantin Anglois.    1751.
Belleville, Ontario. Topographie Map Ontario Belleville Sheet. Sheet No.
31 C/3. Published by the Geographical Section, General Staff. Department of National Defence.   1933.
Berlin, Ontario.   Plan of Lots Drawn from M. C. Schofields Map of the Town j
of Berlin 1856.   Alexander W. Simpson CI. and P.L.S. over Best & Green's
Hamilton, Maclean & Co. Lith. Toronto.
British Columbia.  Similkameen District.  M.R. Map No. 6.   Mineral Reference  ;
Map (Showing Surveyed Claims) Covering portions of Grand Forks, Greenwood & Trail Creek, Mining Divisions.  Department of Lands, British Columbia. Honourable N. S. Lougheed, Minister. F. C. Green, Surveyor-General.
Pre-Emptor's Map—Lillooet Sheet.   Map No. 3K.   Revised to 1st j
April 1932.   British Columbia,  Department of  Lands,  Honourable N. S.
Lougheed, Minister.   F. C. Green, Surveyor General.
Pre-Emptor's Map—North Thompson Sheet.   Map No. 3J.   Revised j
to April 2nd, 1932.   British Columbia,, Department of Lands.   Honourable
N. S. Lougheed, Minister.   F. C. Green, Surveyor General.
Lower Fraser Valley—^Preliminary Map. Parts of New Westminster *
and Yale District. Map No. 4P. Edition Oct. 1, 1931. British Columbia, j
Department of Lands. Honourable N. S. Lougheed, Minister. F. C. Green» 1
Surveyor General.
British Columbia Province—
Plan of N.E. £ Township 25, Range 19, W. of Fifth Meridian. REPORT FOR THE YEAR 1983 xvii
Buckingham, Quebec. Topographical Map of Buckingham, Quebec—Ontario.
(Provisional Edition) National Topographic Series. Sheet No. 31 G/N.W.
Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H.
Rowatt, Deputy Minister.   Topographical Survey of Canada.
Cameron Bay Settlement. Plan of Cameron Bay Settlement, Northwest Territories. Department of the Interior, Ottawa, 9th December, 1933.
Approved and Confirmed F. H. Peters, Surveyor General. Compiled from
official Surveys by M. Meikle, D.L.S., 25th August, 1933.
Campbellford, Ontario. Topographic Map Ontario. Campbellford Sheet. Sheet
No. 31 C/5. Published by the Geographical Section, General Staff. Department of National Defence, 1933.
Canada. Map of Canada. Lines of Equal Magnetic Declination and Annual
Change in Canada for 1932. Department of the Interior. Hon. Thomas
G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical
Survey of Canada.   F. H. Peters, Surveyor General.
Map of Canada. Lines of Equal Magnetic Horizontal Force and
Annual Change in Canada for 1932. Department of the Interior. Hon.
Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada.   F. H. Peters, Surveyor General.
Map of Canada and Nova Scotia. Eng4 by W. Dussauville, Eding.
No. 54.
Cape Breton Island. Carte de L'Isle Royale pour Servir a la connoissance du
Mémoire de Mr. de Poilly Ingénieur. Ordre du Roy. 1757. Service du
Génie Section Technique 39, rue de Bellechasse Bibliothèque MS. In f°
210b.
Fundy Bay. North Western Coast Bay of Fundy. MSS. J. Hurd, R.N. from
St. Johns River to beyond The Brothers Islands. (Endorsed) North Western Coast Bay of Fundy MSS. J. Hurd R.N. Copied by C. Pettigrew at
P.R.O.   Jan. 1933.   C. 0. Lib. New Brunswick No. 17.
George Town, P.E.I. Royalty of George Town. P.E.I. Plan of Lot or Township No. 53 shewing the position of the respective boundaries thereof. Those
coloured by actual Survey and those not coloured are according to the
Plan of said Township on Record—Delineated by Jos* Ball, Asst. Sur. Genl.
Gracefield, Quebec. Topographical Map of Gracefield, Quebec. National Topographic Series. Sheet No. 31K/S.E. Department of the Interior. Hon.
Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister; Topographical Survey of Canada.
Granville, Manitoba. Topographical Map of Granville, Manitoba. (Provisional Edition) National Topographic Series. Sheet No. 64C. Department
of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt,
Deputy Minister.   Topographical Survey of Canada.
Harvey and Cork Settlements, New Brunswick. Sketch of the Harvey and
Cork Settlements. Tho. Baillie S. Gen. (Endorsed). Plan, Cork and
Harvey. Copied by C. Pettigrew at P.R.O. Nov. 1932. C. 0. Lib. New
Brunswick, No. 21/1.
Kenora, Ontario. Topographical Map of Kenora, Manitoba-Ontario.
(Provisional Edition) National Topographical Series. Sheet No. 52E.
Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H.
Rowatt, Deputy Minister.   Topographical Survey of Canada.
Louisburg. Louisbourg, 1756. Plan des ouvrages projettes sur le front d'entre
le—Bastion Princesse cotté, 1, et celey de la Reine cotté, 2. Archives
Nationales, Colonies CllA—126—No 63. Copié par Ch. Baudouin, Mars,
1933.   collationné le 28 juin 1933.   Th. Beaucheshe.
Lunenburg, Nova Scotia. A True Copy of a Plan of The Town of Lunenburg
Garden Lotts and Commons adjoining Laid out by order of his Excellency
Peregrine Thomas Hopson Esq. Captain General & Governor in Chief in
& over his Majesties Province of Nova Scotia Etc. Etc.  By W. S. Morris D.S. XV111
Manitoba Province—
Township   1, Range
5,
8,
PUBLIC ARCHIVES
, West of Principal Meridian.
Maniwaki, Quebec,
"beet No. 31J/S.W.
(Provisionals
Department.
H. Rowatt,!
6, East
2,     "
54,      •'     26, West
Maniwaki, Quebec.    Topographical Map
Edition) National Topographical Seri
of the Interior.    Hon.  Thomas G.  Murphy,  Minister.    H.
Deputy Minister.   Topographical Survey of Canada.
Mechanic's Settlement, New Brunswick.   Sketch of the Mechanic's Settlement.
Thos. Baillie, S.Gen.   (Endorsed) Plan, Mechanic's Settlement.   Copied by
C. Pettigrew at P.R.O. Nov. 1932.   CO. Lib. New Brunswick, No. 21/2.
Moncton, New Brunswick.    Topographical Map of Moncton, New BrunswicH
and Prince Edward Island.    National Topographic Series.    Sheet No 21-
I/S.E.   Department of the Interior.   Hon. Thomas G. Murphy, Minister|
H. H. Rowatt, Deputy Minister.   Topographical Survey of Canada.
Montreal.    Plan de la Ville de Montreal, 22 février 1716.    No d'Ordre 470.
Ministère des Colonies.   D.F.C No 470.   Copié par Ch. Baudouin, Janvier,^
1933.   Collationné le 16 février 1933.   Th. Beauchesne.
Plan de la Ville de Montreal L'Eve En l'année 1704.   No d'Ordre 468.
Ministère   des   Colonies.     D.F.C.   No   468.     Copié   par   Ch.   BaudcwinJ
Décembre, 1932.   Collationné le 23 Décembre 1932.   Th. Beauchesne.
Plan de la Ville De Montreal en Canada Nouuelle France, Pour faire
voir Seulement Les Ouurages qui ont été faits cette Année a Lanceinte—|
20 octobre 1724 No d'ordre, 474.   Ministère Des Colonies, D.F.C. No 474.
Copié par Ch. Baudouin, Août, 1933.   Collationné le 7 novembre 1933.   Th.
Beauchesne.   Chaussegros deLery.
Fort du Costeau de La Ville de Montreal fait en 1693.   No d'Ordre 467.
Ministère Des Colonies.    D.F.C. No 467.    Copié par Ch. Baudouin, Juillej
1932.   Collationé le 29 juillet 1932.   Th. Beauchesne.
Mudjatik, Saskatchewan.    Topographical Map  of Mudjatik, Saskatchewan.
(Provisional   Edition)   National   Topographic   Series.     Sheet   No.   74B.
Topographical Survey of Canada.   Department of the Interior.
New Brunswick.   Map of New Brunswick.   By Mr. Thos. Baillie, 1826.   Copied
by C Pettigrew at P.R.O. Oct. 1932.'   3G.    C.O.Lib.    New BrunswickJ
No 20.
Niagara, Ontario.   Topographical Map Ontario Niagara Sheet.   Sheet No. 3.
Published  by the  Geographical  Section,   General  Staff,  Department ofj
National Defence, 1906.
Ontario.    Index Map of National Topographic  Series  covering portions oiT
Ontario, Quebec and Maritime Provinces.    Published by Department of
National Defence and Department of the Interior, Geographical Section,
General Staff.
Orillia, Ontario.   Topographical Map of Orillia, Ontario.   (Provisional Editions
National Topographic Series.   Sheet No. 31 D/N.W.   Department of the
Interior.    Hon. Thomas G. Murphy, Minister.    H. H. Rowatt, Deputy
Minister.   Topographical Survey of Canada.
Port Royal, Nova Scotia.   Plan du Port Royal M. deMeules 1686.   Plan Très
Exact Du Terrain ou sont sçituees les maisons du Port Royal et ou on
peut faire une Ville, considerable.   Service Hydrographique De La Marine,
13, Rue De L'Université.   Portfeuille 133—Div. 8—Pièce 2.   Copié par Ch.
Baudouin, Mai, 1933.   Collationné le 30 Mai 1933.   Th. Beauchesne.
Prince    Albert,    Saskatchewan.     Topographical    Map    of    Prince    Albert,
Saskatchewan.    (Provisional Edition) National Topographie Series.   Sheep
No 73 H.   Department of the Interior.   Topographical Survey of Canada. REPORT FOR THE YEAR 1988 xix
Providence Settlement, Northwest Territories. Plan of Providence Settlement,
Northwest Territories. Department of the Interior, Ottawa, 22nd
December 1932. Second Edition. Approved and confirmed. F. H. Peters,
Surveyor General.
Quebec City. Topographic Map of Quebec. Quebec Sheet No. 21L/14.
Published by the Geographical Section, General Staff, Department of
National Defence, 1930.
This Plan of the City of Quebec by special permission is respectfully inscribed to the Mayor & Corporation of the City. By their Obedient
Servant, Alfred Hawkins, 1845. Corrected to date by Jos. Hamel Esq.
City Surveyor.
Plan of the Military & Naval Operations, under the command of the
Immortal Wolfe, & Vice Admiral Saunders, Before Quebec. London.
Published by Jas. Wvld, Geographer to the Queen, and to H.R.H. Prince
Albert, Charing Cross East, May 1st, 1841. For Alfred Hawkins, Esqr.
Quebec.
Wolfe's Quebec—Campaign of 1759. For "History of the United
States," by Elroy M. Avery. Published by The Burrows Brothers Company.
Topographic Map of Quebec. National Topographic Series. Sheet No.
21L/N.W. Department of the Interior. Hon. Thomas G. Murphy, Minister.   H. H. Rowatt, Deputy Minister.   Topographical Survey of Canada.
Reindeer Lake South, Saskatchewan. Topographical Map of Reindeer Lake
South, Saskatchewan. (Provisional Edition) National Topographic Series,
Sheet No. 64D. Department of the Interior. Hon. Thomas G. Murphy,
Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of
Canada.   April 1932.
St. Evariste, Quebec. Topographic Map of Quebec St. Evariste Sheet. Sheet
No. 21E/15. Published by the Geographical Section, General Staff,
Department of National Defence, 1933.
Saskatchewan Province—
Township 21, Range 14, West of Second Meridian.
26,     '
21,
Third
30,     '
32,    :
30.
16,
'       Principal
36,     '
15,
Jo     y^ .r
36,     '
16,
Third
41,     '
IS,
t^mv"j^'^ 0-Mj
46,    ;
3,
tj^xvrm *i^ -f
47,     '
26.
'       Second
51,     '
10,
t .**._!   iVK*
50,     '
15,
Third
52,     '
10,
'      Second
53,     '
10,
'           •'
53,     '
16,
(           tt
53,     '
17.
w^wP>Êm§i$
53,     '
18,
i              tt
53,     '
23.
1    PlIllNfi!
54,    ;
15,
:         "
54,     '
16,
54,     •'
17,
e                it
54,     '
18,
'      _5_-"J*^»^i
55,     '
'      16,
'      W$*fto'lf
55,     '
'      17,
t             u
56,     1
'      16,
c                a
56,     '
'      17,
t                a
57,     "      20,       "       Third xx PUBLIC ARCHIVES
Senneterre, Quebec.   Topographical Map of Senneterre, Quebec.    (Provisional!
Edition) National Topographie Series.   Sheet No. 32 C/S.W. Department
of the Interior.   Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy
Minister.   Topographical Survey of Canada.   February 1933.
Shelburne,  Nova Scotia.    Topographical  Map  of  Shelburne,  Nova  Scotia.1
(Provisional Edition) National Topographic Series.   Sheet No. 20P/N.W.
Department of the Interior.   Hon. Thomas G. Murphy, Minister. H. H.
Rowatt, Deputy Minister, Topographical Survey of Canada.
Sundridge, Ontario. Topographical Map of Sundridge, Ontario. (Provisional
Edition) National Topographic Series. Sheet No. 31E/N.W. Department
of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt,
Deputy Minister.   Topographical Survey of Canada.
Three Rivers, Quebec.   Plan des 3 rivieres 1703.   No 9e liasse 10e 11.   Fonds I
des Récollets—Série H. Archives Départementales de Seine et Oise, 12, rue
Neuve,—Versailles.   Copié par Ch. Baudouin, Avril, 1933.
Plan du Couvent des 3 rivieres 1707.   No 9e   liasse   10e   22.   Fonds |
des Récollets—Série H. Archives Départementales de Seine et Oise, 12, rue
Neuve—Versailles.   Copié par Ch. Baudouin, Avril, 1933.
Ticonderoga, New York State. A Plan of the Town and Fort of Carillon at
Ticonderoga; with the Attack made by the British Army Commanded by
Genl Abercrombie, 8 July 1758. Engraved by Thos. Jefferys, Geographer to
his Royal Highness the Prince of Wales. Published by Thos. Jefferys, near
Charing Cross, London.
Tomasine, Quebec. Topographical Map of Tomasine, Quebec. (Provisional
Edition) National Topographic Series. Sheet No. 31K/N.E. Department
of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt,
Deputy Minister.   Topographical Survey of Canada.
Trenton, Ontario. Topographical Map of Ontario Trenton Sheet. Sheet No.
31/C4. Published by the Geographical Section, General Staff. Department of National Defence, 1932.
Tweed, Ontario. Topographical Map of Ontario Tweed Sheet. Sheet No.
31C/6. Published by the Geographical Section, General Staff, Department
of National Defence, 1933.
Wasagaming, Manitoba.   Topographical Map Wholly Within Riding Mountain f
Park Plan of Wasagaming—Township 19, Range 18, West of Principal
Meridian.    Province of Manitoba.    Department of the Interior, Ottawa,
22nd July, 1933.   Approved and Confirmed F. H. Peters Surveyor General.
World.   Map of the World.   1601.   A dieppe Par Guillemme Levasseur Le 12
de Juillet.   Service hydrographique de la Marine.   Portefeuille 116, pièce 6.
Achevé de copier le 29 novembre 1932, par Simone Routier.    Achevé de-1
Collationner le 2 décembre 1932, par E. de Cathelineau.
NORMAN FEE.
BINDERY DIVISION
February 3 to Dec. 1, 1933.
Volumes bound >  889 vols. M
Requisitions for repairs  56
Portfolios, tag Covers etc. for Manuscript  316
Maps and pictures mounted  171
Manuscripts repaired and bound  69 vols.
Photostat maps assembled  52
In various states of progress  355 vols. 1
Mailing boards and backing for pictures  66
Linen Record supplied and cut to size  3,625 sheets
Linen Record supplied and reinforced corners  250      "
Printing Covers, Cards and Envelopes  10,271
- APPENDIX I
Constitutional Documents
1818-1822  REPORT FOR THE YEAR 1938
INTRODUCTION
In 19071 the Public Archives issued a volume of constitutional documents
dealing with the years 1759 to 1775. This proved to be of such value
to teachers and students that in 1914 the series was continued to 1818 when
the agitation centring round Robert Gourlay marked the opening of a period
of unprecedented bitterness in the discussion of constitutional issues. It is now
intended to carry on this work by printing a few documents in each annual
report. The documents presented here, begin with the attempt to repress such
popular discussion, and terminate in 1822 prior to the widely agitated question
of the proposed union of the two colonies.
The struggle for financial control occupies the most prominent place during
these years, but many other important developments took place. Bit by bit
the spheres of executive, legislative and judicial authority were defined, enlarged
or circumscribed, sometimes amid the oratorical tumult of a debate, but just as
often by the wording of some despatch that was read only by the Governor to
whom it was directed, or by some executive decree to which the Assembly
acquiesced in silence. A striking instance of this kind, illustrated here, is to
be found in the despatches centring round the definition of the relations between
the Governor and the Lieutenant Governors, whereby Dalhousie was frustrated
in what seems to be an attempt to centralize the government of all the colonies.
Another noteworthy document is Richmond's message to the Assembly, 2
February 1819, wherein he upheld the power of the Crown, by forbidding legislative interference with the Indians, who were declared to be | for weighty
reasons of state, under the immediate superintendence and protection of the
Crown."
Other documents have been selected in order to give the student an idea
of the workings of the imperial system which is often lost sight of during the
years in which the Legislature and Executive were involved in a spectacular
struggle. The methods of allowance and disallowance of colonial acts, the duties
of the colonial agent, and the distinction between the officers of the Imperial
Government and those upon the local establishment, are all points which have
been thought worthy of inclusion as throwing light upon the true nature of the
disagreement.
Since any study of constitutional history includes those aspects which
immediately affect the rights of the subject, thus study has included documents illustrating legal and judicial developments, popular representation and
the rights of the Assembly, and the problem of a state church.
While the extension of civil government to unorganized territory has been
included, it has been thought advisable to treat developments in the Maritime
Provinces in a separate publication. Many important problems were solved
in these colonies, but an attempt to treat them concurrently with those of Can- .
ada would result in the publication of volumes too unwieldy for the use of
students.
In preparing these documents the original spelling has been preserved. The
system of footnotes adopted in previous volumes has also been continued.
This selection is not necessarily final as the documents will be published
in book form at a later date. To this will be added a table by subject with
specific references.   The tentative list of subjects for this table are as follows:—
Executive, Legislative, Judicial, Imperial 'Control, Interprovincial Relations, Rights of Subject, Military, Ecclesiastical.
1 The State of the Government
the Proceedings of the Privy Cou  THE CASE OF ROBERT GOURLAY.
Third Address to the Resident Land Owners, 1818. *
To the Resident Land-Owners of Upper Canada.
Niagara, April 2d. 1818.
Gentlemen,
Your Parliament is broken up!—a second time broken up,2 from employment of the most vital import to the honor and well-being of the province!!—
Good God! what is to be the end of all this?
For my own part, Gentlemen, I had little hope of satisfaction from the
sitting of Parliament, after perusing the Administrator's speech from the throne;
and this little was entirely extinguished with the disgusting reply made to that
speech by your Representatives. That a man who had spent the best part of his"
life in Upper Canada,—whose every interest and affection rested here, should
even read a speech, not only containing mean sentiments, but notifying a measure
provoking in the extreme to the feelings of a large body of his suffering countrymen, was indeed heart-sickening: yet this was not all:— what could we expect—
what sensation could swell in our breasts, when we found men, employed and
paid by these very sufferers to guide their affairs and watch over their interests,
bowing down to kiss the rod of affliction, and, in return for a most insulting
offer, granting a receipt in full for demands, equally just and well authenticated?
Gracious heaven! Did we, the offspring of early civilization—the first hope
of genuine liberty—the favoured wards of divine revelation, come to this new
world, only to witness the degradation of our kind, and be humbled beneath the
rude savage who ranges the desert woods? Surely, British blood, when it has
ebbed to its lowest mark, will learn to flow again, and, yet sustain, on its rising
tide, that generous—that noble—that manly spirit, which first called forth
applause from the admiring world.
It has been my fate to rest here nearly two months, viewing at a distance
the scene of folly and confusion,—by turns serious, and by turns jocular, that
the serious might not sink into the melanchody. I have advised—I have in
duty offered services, but in vain: on went the sport, till yesterday, when the
cannon announced to us that the play was over; and now we have the second
speech of the Administrator, who has appropriately sunk down from the throne
to the chair!
Gentlemen, the constitution of this province is in danger, and all the blessings of social compact are running to waste. For three years the laws have been
thwarted, and set aside by executive power;—for three sessions have your Legislators sat in Assembly, and given sanction to the monstrous—the hideous, abuse.
A worthy catastrophe has closed this farce of government;—your Commons and
your Peers have quarrelled, and, the latter would assert, that the constitutional
1Gourlay, Statistical Account of Upper Canada (London: 1822), vol. II, pp. 581-587.
2 The Legislature of Upper Canada was prorogued on April 1, 1818, after a stormy session
during which the Council and Assembly fought over the right to initiate money bills.    (See
Doughty & McArthur.   Constitutional Documents, pp. 5.40-551.)
71736-1 2 PUBLIC ARCHIVES
charter of Canada may be trifled with.   What is to be done?   Do you expect!
any thing from a new Governor?—you will be disappointed.   Do you expect
any thing from a new set of Representatives?—here again you will be deceived.
Your Members of Assembly are now at home:   compare their characters withi:
those around them, and you will find them equally honest;—equally wise—equally
independent.   Now that they are returned to society, as private individuals, TM
should be the very last man to call in question their worth or their probity:
they are probably every way above par.   It is not the men, it is the system^.
which blasts every hope of good;  and, till the system is overturned, it is vain;
to expect any thing of value from change of, Representatives, or, Governors.
It has been the cant of time immemorial to make mystery of the art of
Government. The folly of the million, and the cunning of the few in power,
have equally strengthened the reigning belief; but, it is false, deceitful, and|;
ruinous. The people of every nation may at any time put down, either domestic
tyranny or abuse,—they may, at any time, lay a simple foundation for public
prosperity: they have only to be honest, and, in their honesty, bold.
In my last address to you, I said that the British constitution was " that
beautiful contrivance by which the people, when perfectly virtuous, shall become
all-powerful." Did you mark these words?—did you weigh them?—they are as
important as they are true. We, of all men, have least to oppose us in correcting
the errors of our constitution. The British constitution has provided for its own
improvement, in peace and quietness ; it has given us the right of petitioning the
Prince or Parliament; and, this right, exercised in a proper manner, is competent to satisfy every virtuous desire.
My present purpose is not to dwell on theory; but to recommend and set
example in the practice of using this glorious privilege. As individuals, we have
a right to petition the Prince or Parliament of Britain: and we have a right to
meet for this purpose in collective bodies. My proposal now is, that a meeting
be forthwith held in each organized township throughout the province. I shall
take upon me to name the day for the meeting of the people of this township of
Niagara; and say, that on Monday next, the 13th inst. I shall be ready by 12
o'clock noon, at Mr. James Rogers' coffee-house, to proceed to business witlilp
whoever is inclined to join me. The people of each township should, I conceiveM
at meeting, choose a Representative and Clerk. The Representatives should
assemble from the several townships, within each district, on an appointed day,
to draw up a petition to the Prince Regent: and, which could, soon after, be got
signed by every well wisher to the cause.
The district meetings should, without delay, hold conference by representatives, each respectively choosing one, to meet in a provincial convention,3 and
who should arrange the whole business, dispatch commissioners to England with
the petitions, and hold correspondence with them, as well as with the supreme
government. Two or three commissioners would suffice; and the necessary cost
of carrying the whole ably and respectably into effect, would require but a
trifling contribution from each petitioner. It is not going out of bounds to
reckon on ten thousand petitioners, and a dollar from each would make up a REPORT FOR THE YEAR 1933 3
sum adequate for every charge. I should recommend the subscriptions and
payments to commence at the first township meetings; the money .to be paid
to the clerks, who should keep in hand one-seventh for local and incidental
disbursements, and pay over the remainder to a treasurer, to be appointed in
each district, by the representatives, at their first meeting. Beyond making
choice of representatives and clerks, the less that is done at township meetings
the better: debate, of all things, should be avoided. The clerks should mdnute
transactions, and keep a list of subscribers, which should immediately be published in the nearest newspaper within the province, and week after week in
the same manner, should be reported, additions. The public would thus, at
once, see the strength and growth of the cause, as well as have vouchers for.
the payment of cash. Every transaction should be plain, downright, and open
to view or inspection,—every principle should be declared—every proceeding
be made known.
The simplicity of all this, and the ease with which it may be accomplished,
is obvious: to go into more minute detail, at present, would be wasting time.
No man, by joining the cause, can lose more than a dollar, and no responsibility
whatever is incurred. As I take upon me to name the day of meeting for this
township of Niagara, so that meeting may appoint days for the meetings of
other townships, and, for the district meeting; seeing, that it can be matter of
no consequence who settles such points, provided the business, thereby, has a
fair chance of commencement, and that the whole system of petitioning may
proceed without doubt or delay. No man upon such solemn occasion should
say, "I am greater than another, and will not be seen acting with him:" no one
should say, 'T am less, and therefore presume not to set myself forward." On
such an occasion, and under such circumstances as the present, every party,
and every personal prejudice, should be put down, every eye should be resolutely
bent on the one thing needful—a radical change of system in the Government of
Upper Canada.
I address myself particularly to land-owners, because their interests are
most deeply involved; but every man resident in Canada—every man who is a
lover of peace—who desires to see this country independent of the United States—
who desires to see a, worthy connexion maintained between this province and
Britain;—every man, in short, who has a spark of sincerity or patriotism in his
soul, has now sufficient cause to bestir himself.
There was a time when Israel was famished with intense drought. Day
after day, and week after week, the uncovered sun rose, only to frighten the
nation, and open more wide the yawning fissures of the scorched earth:—there
was yet however faith in Israel ; and the faith of a few brought, at last, salvation
to the expiring multitude. Let not the ancient record be lost to these modern
days; let not the signs and figures of the material world be thrown aside as vain
emblems, illustrations, and manifestations of the will, the power, and the goodness
of God. He never deserts his creatures while they are true to themselves and
faithful to him,—while they honourably put to use the divine gifts of rationality.
The course to be pursued by the people of this province, at the present juncture,
is so clear, that he who runs may read: they have only to put trust ihi the
success of their own virtuous endeavours; and, success will as surely follow, as
71786-li 4 PUBLIC ARCHIVES
day succeeds to night—yes, worthy inhabitants of this township of Niagara,
you may begin the necessary work with confidence:—the little cloud which rose
from the horizon, at first no bigger than a man's hand, gradually expanded^»
mantled over the relentless face of a burning sky, and at last showered dowr_
refreshment on the thirsty land.
The good which may result, not only to this province, but to the general
cause of truth, should these proposals be cheerfully and alertly adopted, surpasses
all calculation. It would be needless for me now to descant on the subject. If
there is really no public spirit in the country, I have already thrown away too
much of my time : if there is, let it now be shown, for never was occasion more
urgent. If the people of Canada do not now rouse themselves, they may indeed
have plenty whereon to exist; but to that " righteousness which exalteth a
nation," they will have no claim. The farmer may plod over his fields,—the
merchant may sit, drowsy and dull, in his store; but the life, the vigour, the
felicities of a prosperous and happy people will not be seen in the land:—the
superiority of public management in the United States will bother [sic] all hope
of competition: America will flourish, while Canada sinks into comparative
decay; and another war will not only bring with it waste and destruction, but
ignominious defeat.
In the scheme proposed I will accept of no appointment; but persons acting
in it shall have my utmost assistance, and I shall make clear to them every
course to be pursued. As soon as matters come to a head, all information,
collected by me, shall be at the disposal of the Commissioners; and even better
consequences may be expected from this popular movement, than any that
could have followed from the parliamentary inquiry, had that been allowed to
proceed. It will shew, that though the rights of Parliament may be trifled with,
those of the people of Upper Canada are not so easily to be set at defiance.
The Assembly of the Lower Province is to petition the British Parliament
as to their trade: your representatives are to petition the Regent as to their
privileges: when I found my petition set aside and despised at York, I dispatched
one immediately to be presented to the House of Commons in England, to call
attention there, to Canadian affairs:—all this will go for little, if something
else is not done. You have read in the newspapers of my scheme having been
discountenanced by Ministers at home: you have read of speculations upon
making the best bargain with the United States for these provinces. I know
whence all this proceeds: I know what would open the eyes of the people and
Government at home to the true value of the Canadas, and put an end to such
unnatural—such disgusting surmises; and all this I shall be happy to explain,
as soon as explanation can be useful. One thing I am very sure of, that if the
people of Canada will only do their duty as honest men, and as brothers, in
unity, not only every just claim may be paid by next Christmas, but a foundation may be laid for this province becoming speedily the most flourishing and
secure spot on the habitable globe.
ROBERT GOURLAY. REPORT FOR THE YEAR 1988 5
Order to Commit Robert Golrlay, 4 Jan. 18191
Order of Commitment. George the Third by the Grace of God of the
United Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c.
To our Sheriff of the District of Niagara, Keeper of the Jail therein, or to
the Jailor thereof, greeting.
Whereas, by an Act of the Provincial Parliament of Upper Canada, passed
in the forty-fourth year of our reign, intituled "An Act for the better securing
this Province against all seditious Attempts or Designs to disturb the tranquility
thereof," it is enacted that {here that part of the Act recited which is printed
above in Italics.)2
And, Whereas, we William Claus and William Dickson, each a Member of
our Legislative Council of the said Province of Upper Canada, duly authorized
in and by virtue, of the said Act, did, on the information and complaint of
Isaac Swayze, one of the Members of the House of Assembly, on oath made
■before the said William Dickson, that one Robert Gourlay, now in the Town
of Niagara in the County of Lincoln, in said province, who, the said Isaac'
Swayze, believes to have no particular or fixed place of residence, is an evil-
minded and seditious person and that the public tranquility of said Province
was endangered by the unrestrained residence of such a person, and that the
said Robert Gourlay, by words, actions, writings, and other behaviour, hath
endeavoured, and is endeavouring to alienate the minds of our Subjects in this
province from our person and Government, and that the said Robert Gourlay,
if in his power, from his language words and writings, is endeavouring to raise
a rebellion against our Government in this Province, and that Isaac Swayze,
verily believes that the said Robert Gourlay has not been an inhabitant for six
Months, preceding the date of said Information, and had not, at the time of said
information, taken the oath of allegiance, to us; and whereas, a warrant was
granted and tested in the name of the said William Dickson and William Claus,
dated the 19th day of December, now last past, and directed to the Sheriff of
our district of Niagara, requiring him to arrest the said Robert Gourlay, to the
end, that he might be brought before the said William Dickson and William
Claus or either of them ; and whereas the said Robert Gourlay was accordingly
brought up before the said William Dickson and William Claus, on the 21st day
of December, now last past, and being examined touching the said information,
and of, and concerning his words, actions, conduct, and behaviour; he did not
give full and complete satisfaction to the said William Dickson and the said
William Claus, that his words, action, conduct, and behaviour had no such
tendency; on the contrary, that these were intended to promote disaffection to
our person and Government; and having given no satisfactory proof that he
has been an inhabitant of the said Province for the space of six Months preceding the date of such Warrant, nor did he prove that he had taken the Oath of
Allegiance to us, as by the said Act is mentioned; and whereas the said William
Dickson and William Claus did thereupon deem it inexpedient under the provision of the said Act, that the said Robert Gourlay should be permitted to
remain in this Province; and did adjudge that the said Robert Gourlay should
i full follows this document. PUBLIC ARCHIVES
depart this Province of Upper Canada on or before the first day of January
next ensuing, thereof, and was required so to depart this province, by an order '
in writing to that effect, and personally delivered to him, at the Court House
for said district, on the said 21st day of December, now last past.
And whereas Information hath been given to the said Robert Gourlay, hath
[sic] not departed this Province on or before the 1st day of January instant, the
time limited in the said Order in writing, but still abides, and is at large thereijjM
These are therefore in pursuance of the said before recited Acts, to authorize
and require you, if the said Robert Gourlay shall be found at large in your
district, to commit him to the common jail thereof, there to remain without bail
or mainprize, unless delivered therefrom, as the said Act directs.
Witness, William Claus and William Dickson, Legislative Councillors as
aforesaid^ under the hand and Seal of each this 4th day of January, in the year
of our Lord one thousand eight hundred and nineteen, and of our reign the
fifty-ninth.
(signed)
WILLIAM DICKSON
WILLIAM CLAUS
Upper Canada 44 Geo. Ill Cap. H (1804).
An Act for the better securing this Province against all Seditious
Attempts or Designs to disturb the Tranquility thereof.
(passed 9th March 1804.)
Whereas it is necessary to protect his Majesty's Subjects of th^B
Province from the insidious attempts or designs of evil-minded and
seaitibùs persons ; and, whereas much danger may arise to the Public
Tranquillity thereof, from the unrestrained resort and residence of
such persons therein; Be it therefore enacted, by the King's Mosti
Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, Constituted and assembled by virtue of, and under the Authority of an
Act passed in the Parliament of Great Britain, 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 Government of the Province of Quebec, in North America,
and to make further provision for the Government of the said
Province," and by the Authority of the same, That, from and after
the passing of this Act, it shall and may be lawful, for the Governor,
Lieutenant Governor person administering the Government of this
Province, for the Members of the Legislative and Executive Councils,
the Judges of His Majesty's Court of King's Bench, for the time being,
respectively, or for any person or persons authorized in that behalf,
by an instrument under the hand and Seal of the Governor, Lieutenant
Governor, or 'person administering the Government for the time being,
or any one or more of them, jointly or separately, by Warrant or
1 Q. S32, pp. 162-171.
&c. Empowered to
certain
offenders
against Offenders
to depart
the prov-i
offenders
departing
theProvin
enlarged.
REPORT FOR THE YEAR 1938 7
Warrants, under his or their hand and seal, or hands and Seals to
arrest any person or persons not having been an inhabitant or inhabitants of this Province for the Space of six months, next preceding the
date of such Warrant or Warrants, or not having taken the Oath of
Allegiance to our Sovereign Lord the King, who by words, actions or
other behaviour or conduct, hath or have endeavoured, or hath or
have given just cause to suspect that he, she, or they, is or are about
to endeavour to alienate the minds of His Majesty's Subjects of this
Province from his person or Government, or in any wise with a
seditious intent to disturb the tranquility thereof, to the end that such
person or persons shall forthwith be brought before the said person"
or persons so granting such Warrant or Warrants against him, her or
them, or any other person or persons duly authorized to grant such
Warrant or Warrants by Virtue of this Act: and if such person or
persons not being such inhabitant or inhabitants as aforesaid, or not
> having taken such Oath of Allegiance, shall not give to the person or
. persons So granting such Warrant or Warrants so authorized as aforesaid, before whom he, she, or they shall be brought, full and complete
Satisfaction, that his, her, or their words, actions, conduct, or behaviour had no such tendency, or were not intended to promote or
encourage disaffection to his Majesty's person or Government, it shall
and may be lawful for each or any of the said persons so granting
such Warrant or Warrants, or so authorized as aforesaid, and he and
they is and are hereby required to deliver an Order or Orders, in
writing to such person or persons, not being such inhabitant or inhabitants as aforesaid, or not having taken such Oath of Allegiance,
requiring of him, her, or them, to depart this Province within a time
to be limited by such order or Orders, or if it shall be deemed expedient
that he, she or they should be permitted to remain in this province,
to require from him, her, or them, good and sufficient security, to the
Satisfaction of the person or persons acting under the Authority hereby
given, for his, her, or their good behaviour, during his, her, or their
continuance therein.
II. And be it further enacted, by the Authority aforesaid, That
if any person or persons not being such inhabitant or inhabitants as
e aforesaid, or not having taken such Oath of allegiance, who by any
order or orders so delivered to him, her, or them, is or are required
to depart this Province, within a time limited by that order, should
by sickness, or other impediment, be prevented from paying due
obedience to the same, it shall and may be lawful for the person or
persons who hath or have issued such order or orders as aforesaid, or
for any other person or persons as aforesaid authorized by this Act
sc to do, (the person or persons acting under the authority hereby
given, being first satisfied that such impediment by sickness, or otherwise, ought to be admitted as a reason for such order as aforesaid not
having been obeyed) by an indorsement in writing upon the said
order or orders, or otherwise in writing to enlarge the time specified Such person
committed.
PUBLIC ARCHIVES
in the said order or orders, from time to time, as occasion may require ;|
and if any peson or persons so having been required or ordered to
quit this Province as aforesaid, and not having obtained an enlargement of such time, in manner herein before Specified, should be found I
at large therein, or return thereunto, after the time limited by any or
either of such orders, without licence from the Governor, Lieutenant'
Governor, or person administering the Government for the time being
in that behalf; or in case any person or persons who shall have been
served with any or either of such order or orders as aforesaid, or who
shall have been permitted to remain in this Province, upon sueh,
security as aforesaid, shall by words, Actions or otherwise endeavour,
or give just cause to suspect, that he, she, or they, is or are about to
endeavour to alienate the minds of His Majesty's Subjects of this
Province from his person or Government, or in any wise with a^
seditious intent to disturb the tranquility thereof, it shall and may
be lawful for any one or more of the said person or persons so author-
ized by this Act as aforesaid, 'and he and they is and are hereby
required by Warrant or Warrants under his or their hand and seal, or |
hands and Seals, to commit such person or persons so remaining at
large, or returning into this Province without such licence as aforesaid, or so endeavouring or giving cause to suspect that he, she, or
they, is or are about to endeavour so to alienate the minds of His
Majesty's Subjects of this Province, or in any wise with a seditious
intent to disturb the tranquility thereof to the common Gaol, or to
the Custody of the Sheriff of the District, in such districts in which
there shall be no jail at that time, there to remain, without bail or
mainprize, unless delivered therefrom by special order from the Governor, Lieutenant Governor, or person administering the Government
for the time being, until he, she, or they can be prosecuted for such
Offence in His Majesty's Court of King's Bench, or of Oyer and
Terminer and general jail delivery in this Province, or under any
Special Commission of Oyer and Terminer to be issued by the Governor, Lieutenant Governor or person administering the Government
nishment of this Province for the time being; and if such person or persons, not
being such inhabitant or inhabitants as aforesaid, or not having taken
such oath of allegiance, shall be duly convicted of any of the Offences
herein before described, in either of the said Courts respectively, he,
she or they shall be adjudged by such Court forthwith to depart this
Province; or to be imprisoned in the Common jail, or be delivered
over to the Custody of the Sheriff in such districts in where there shall
be'no jail at that time for a time to be limited by such Judgment, and
at the expiration of that time, to depart this Province; and if such
person or persons so convicted as aforesaid, shall remain in this
Province, or return thereinto, after the expiration of the time to be
limited by the said Judgment, without licence from the Governor,
Lieutenant Governor, or person administering the Government for the
time being, in that behalf first had and obtained, such person or Ifanyper-
undercolov
of this act
I become non
suited, etc.
REPORT FOR THE YEAR 1988 9
persons, on being duly convicted of so remaining or returning, before
either of the said Courts, shall be deemed guilty of felony, and shall
suffer death as a felon, without benefit of clergy—Provided always,
that if, in the Execution of the powers hereby given any question shall
arise touching or concerning the space of time during which any
person, or persons shall have been an inhabitant or inhabitants of this
Province, previous to any warrant or warrants having been issued
against him, her, or them, or touching or concerning the fact of any
person or persons having taken such oath of allegiance, the proof
shall, in all such cases, lay on the party or parties against whom any
such Warrant or Warrants shall in virtue of the Powers hereby given,
have been granted or issued.
III. And be it further enacted by the Authority aforesaid, That
. if any person or persons, at any time shall be sued or prosecuted for
any thing by him or them done in pursuance, or by Colour of this Act,
or of any matter or thing therein contained, such Action or prosecution
shall be commenced within three Calendar months next after the
Offence shall have been committed, and such person or persons may
plead the general issue, and give the special matter in evidence for
his, her or their defence, and if, upon trial, a verdict shall pass for
the defendant or defendants, or the plaintiff or plaintiffs shall become
non-suited, or shall discontinue his, her, or their suit, or prosecution,
or if Judgment be given for the defendant or defendants, upon
demurrer or otherwise, such defendant or defendants, shall have treble
costs to him or them awarded against the plaintiff or plaintiffs.1
CONTROL OVER INDIANS2.
Richmond to Assembly, Lower Canada, 2 February, 1819.
Gentlemen,
The Title Deeds of the Fiefs of Sillery and Saint Gabriel, which are now
vested in the Crown, being Public Documents, to which all His Majesty's subjects have a right of access, directions shall be given to the Deputy Secretary of
the Province, and to the Prothonotaries of the Court of King's Bench, in whose
custody those Documents are kept, to lay Copies thereof before the Assembly,
whenever required by that House so to do.
Being, however, apprized by the Journals of the Assembly, of the circumstances which have led to the present application, I think it necessary on this
occasion to acquaint the House, that the several Tribes of Indians residing
within the Province of Lower-Canada, are, for weighty reasons of state, under
the immediate superintendance and protection of the Crown, and that their
1 Repealed, March U, 1829.
2 Journals of Assembly, Lower Canada, 1810, p. U. This document is a reply to the request
of the Assembly for documents connected with fiefs of Sillery and St. Gabriel, which was made
as a result of a debate in which that body regarded itself as responsible for the welfare of the
I-diane. 10 PUBLIC ARCHIVES
respective claims to lands heretofore held by the late Order of Jesuits in thisS
Province, have long since 'been fully investigated and determined upon, by
Tribunals appointed under the Royal authority for that purpose.
Should circumstances at any time occur, to render legislative interference
necessary, of which His Majesty must be the judge, due information will be
given thereof to both Houses of the Provincial Parliament.
IMPEACHMENT OF JUDGE BEDARD,1 18192.
5 February, 1819
Charles Richard Ogden, Esquire, Member for the Borough of Three Rivers,
in his place, charged Pierre Bedard, Esquire, Provincial Judge for the District
of Three Rivers, with divers high crimes and misdemeanors, and presented to
the House several articles of accusation and impeachment against the said
Pierre Bedard, Esquire, and the said articles of accusation and impeachment
were delivered in at the Clerk's Table, and read, and are as followeth:
First. That Pierre Bedard, Esquire, being Provincial Judge for the District of Three Rivers, and also one of the Judges of His Majesty's Court of
King's Bench for the said District, hath totally disregarded the high and important duties attached to those offices, hath prostituted his judicial authority to
the gratification of personal malice, hath infringed the personal liberty of divers»
of His Majesty's Subjects, and by perverse, obstinate and tyrannical conduct,
hath disgraced the elevated judicial situations in which he was placed.
Second. That the said Pierre Bedard, Esquire, being Provincial Judge
as aforesaid, for the District of Three Rivers, and also one of the Judges of His
Majesty's Court of King's Bench for the said District, hath in contravention
to the Laws in force in this Province, and without any just or reasonable causes
or pretext whatsoever, imprisoned divers of His Majesty's loyal subjects, for
pretended offences, by them, supposed to have been committed towards him,i
the said Pierre Bedard, Esquire, as such Provincial Judge as aforesaid, and
hath exercised an unjust, illegal, and unconstitutional authority, by declaring
them guilty of the crime of contempt, in certain cases unauthorized by law, and
by imposing upon them fines and disabilities to which they were not liable by
the laws of the land.
Third. That the said Pierre Bedard, Esquire, being such ProvineiaL-
Judge as aforesaid, and one of the Judges of His Majesty's Court of Kingf»
Bench, for the said District of Three Rivers, hath in the discharge of his respective duties as such Provincial Judge, and Judge of the said Court of KJing's
Bench, uttered expressions derogatory to the honour, ability and integrity of
the other Judges of the said Court of King's Bench, and also of the Barristers
and Practitioners therein, tending to reflect unmerited odium upon the Dispensers and Practitioners of Law, and hath both by actions and words, degraded
1 Pierre Stanislas Bedard (1762-1829) one of the founders and early editors of Le Canadien
who was arrested in 1810. (See Doughty and McArthur, Constitutional Documents, p. S79 ff.)
He was a member of the Assembly from 179-2 to 1812 when he was made a judge.
2 Journals of the Legislative Assembly, Lower Canada, 1819, pp. 56-57. REPORT FOR THE YEAR 1983 11
the dignity of his judicial situations, and brought the administration of justice
in this Province, and more particularly in the said District of Three Rivers,
into disrepute and contempt.
Fourth. That the said Pierre Bedard, Esquire, being such Provincial
Judge as aforesaid, hath in the discharge of his duties as such Provincial Judge,
uniformly conducted himself, towards the Barristers and Advocates practising
| in the said Court, in a violent and abusive manner, hath at divers times accused
many of them of high breaches of moral and professional rectitude, and hath
publicly advanced opinions tending to induce a belief that they were deficient
in the learning and talents requisite to the conscientious discharge of their
professional duties, and generally tending to subvert their characters, and destroy the confidence of their clients and the public, in their professional knowledge
and exertions.
Fifth. That the said Pierre Bedard, Esquire, being such Provincial Judge
for the said District of Three Rivers as aforesaid, did, on or about the third day
of June, one thousand eight hundred and sixteen, falsely, wickedly and maliciously, contrary to his own knowledge and the known Laws of this Province,
imprison, and cause to be imprisoned in the common Gaol of the said District
of Three Rivers, Charles Richard Ogden, Esquire, then and still being His
Majesty's Counsel for the said District, for an alleged Libel and contempt
against the said Provincial Court.
Sixth. That the said Pierre Bedard, Esquire, being such Provincial Judge
as aforesaid, did on or about the tenth day of October, one thousand eight
hundred and sixteen, illegally and in contempt of the known Laws of this
Province, and without any reasonable cause or pretext whatsoever, condemn
Pierre Vezina, Esquire, an Advocate practising in the said Court, to pay a fine
of ten shillings, for pretended contemptuous conduct, while in the discharge of
his duty to his client, and to be imprisoned until the said fine was paid, to the
manifest injury and oppression of the said Pierre Vezina, in violation of his
liberty as a British subject, and of his privileges as such advocate.
Seventh. That the said Pierre Bedard, Esquire, being such Provincial
Judge as aforesaid, did on the sixth and seventh day of April, one thousand
eight hundred and eighteen, and at divers other times, while presiding in the
said Provincial Court, and exercising his judicial functions, grossly and unjusti-
fiiably attack the professional character of Joseph Godefroy de Tonnancour,
Esquire, then being an Advocate in the said Court, and falsely and maliciously
attributed to him the said Joseph Godefroy de Tonnancour, Esquire, an intention to lead the Court into error, by false references and citations, and to surprise thereby a judgement on behalf of his Client; and did also charge the said
Joseph Godefroy de Tonnancour, Esquire, with other practices dishonourable to
himself, and derogatory to his professional character and reputation, to the
manifest injury of the said Joseph Godefroy de Tonnancour, Esquire, and hfe
Colleagues collectively, tending to bring their character and reputation into
contempt and disgrace, and in gross violation of his dignity as such Provincial
Judge. 12 PUBLIC ARCHIVES
On motion of Mr. Panet, seconded by Mr. Neilson.
Resolved, That the said Articles of Accusation and impeachment, be referred!
to a Committee of five Members, to examine the matter thereof, and evidence
thereon, and to report with all convenient speed, with power to send for persons,
papers and records.1
THE STRUGGLE FOR FINANCIAL CONTROL
Resolutions of Assembly, Lower Canada, 27 March, 18192
(Extracts from report of Committee on the Estimate for the Civil List for the\
year 1819)
An Agent for the Province to reside m London, is an Officer, in the opinion |
of your Committee, properly of the nomination and appointment of the Legis-
ature of this Province, and your Committee regret, that any person avowedly an
Officer of the Representatives of this Province, and amenable to them in the
Assembly thereof, should have been appointed and placed upon the Civil List
of the Province, without their consent and approbation.   Your Committee cannot
but remind your House, of the many fruitless constitutional attempts made to
appoint such an Officer, and the constant opposition made to it by other Branches
of the Legislature.   Until this Province shall have a constitutional Agent, your ;
Committee cannot recommend the recognition of such an Officer, appointed as I
he has been, nor the making any provision for the payment of his Salary.
From every circumstance connected with the Estimates of the current year, ■
your Committee are of opinion that retrenchment ought to take place. The
internal improvement of the Province, is, in the opinion of your Committee, the
first duty of its Legislature, and that duty will be most efficiently performed in I
reducing the overgrown bulk of the Civil List of the Province, the progress of
which, in every species of public improvement, seems to have been tardy in the
direct proportion of the speed with which the expenses have accumulated. In
expressing these sentiments, your Committee turn with confidence to the recent
system of rigid economy adopted by the Mother Country whose example in
this instance is worthy of the imitation of this Colony, and will lead to the most
salutary results.
That those Functionaries, however, whose time and talents are exclusively
devoted to the public service, should be liberally remunerated, is but just and
equitable. They are precluded from the exercise of that industry which in the
common intercourse of society might securer competence;   and it behoves the
1 This impeachment fell to the ground but not without having caused Bedard much anguish.
Writing to Neilson on the subject, 20 July 1819, he said: "j'ai reçu l'enquête du committé à mon
sujet, mes accusateurs ont entièrement gagné ce qu'ils voulaient qui est de jetter un ridicule
sur moi dont il ne me sera jamais possible de me debarasser et qui me fait beaucoup plus de
tort que si j'avais été trouvé coupable de quelque fait grave."   Neilson Papers, Vol. S, p. 8)5.
2 Journals of Assembly, Lower Canada, 1819, Appendix L. REPORT FOR THE YEAR 1988 13
state liberally to provide for its Officers, in order that Offices may be worthy of
the acceptance of men of talents, integrity and influence, which otherwise would
become the patrimony of an indolent, an inexperienced and supercilious herd of
dependants.
Your Committee, upon the whole, are of opinion, that in making a suitable
provision for such Offices as are indispensably necessary, this House will at the
same time act in conformity with the desire and interests of the Province at
large, by making an unqualified reduction of those Sinecures and Pensions, which
in all countries have been considered as the reward of iniquities, and the encouragement of vice; which in the Mother Country have been, and still are a subject
of complaint; and which in this Province, will ultimately lead to corruption.
The whole, nevertheless, humbly submitted.
AUSTIN CUYILLIER,
Chairman.
Resolutions of Assembly, Lower Canada, 17 April, 18191.
Mr. M'Cord, from the Committee of the whole House, to whom it was
referred to consider of the Supply to be granted to His Majesty, reported,
according to order, the Resolutions of the Committee: and he read the Report
in his placé, and afterwards delivered it in at the Clerk's Table, where the
Resolutions were again read, as followeth:
1. Resolved, That it is the opinion of this Committee, that a sum not
exceeding four thousand five hundred pounds sterling, be granted to His Majesty,
towards defraying the Salary of the Governor in Chief, from the first November,
one thousand eight hundred and eighteen, to the thirty-first October, one thousand
eight hundred and nineteen, inclusive.2
Mr. Cuvillier moved,3 seconded by Mr. Robitaille, that the question of
concurrence be now put on the said Resolutions.
Mr. Vanfelson moved, in amendment, seconded by Mr. Ogden, that all the
words after "that," be struck out, and the following substituted: "the Message
and Estimate transmitted to this House by His Grace the Governor in Chief,
for the year one thousand eight hundred and nineteen, have not been proceeded
upon, and that the proceedings of the Committee of the whole House, providing
for the expenditure of the current year, and now offered to this House for its
approbation and concurrence, are unparliamentary, unconstitutional and unprecedented."   	
So it passed in the negative.
1 Journals of Assembly, Lower Canada, 1819, pp. 2S8-2S9.
2 This extract is given as typical of the manner in which the Assembly discussed and voted
the salaries item by item.   They proceeded in the same way throughout the list.
8 Journals of Assembly, Lower Canada, 1819, p. _5_. 14 PUBLIC ARCHIVES
Resolutions of Legislative Council, Lower Canada, 21 April, 1819. i
The Order of the day being read for the second reading of the Bill, intituled,
"An Act to appropriate a certain sum of money to defray the expences of the
Civil Government of this Province, for the year one thousand eight hundred and
nineteen;"
It was thereupon moved to resolve,
That the mode adopted by this Bill for granting a supply to His Majesty
to defray the expences of the Civil List, is unprecedented and unconstitutional,
and a direct assumption on the part of the Assembly of the most important
rights and prerogatives of the Crown; that were this Bill to be passed into a
Law it would give to the Commons of this Province, not merely the constitutional
privilege of providing the supplies, but the power also of prescribing to the Crown
the number and description of its servants, and of regulating and rewarding their
services individually as the Assembly should, from time to time, judge meet or
expedient, by which means they would be rendered dependant on an elective
body instead of being dependant on the Crown, and might eventually be made
instrumental to the overthrow of that authority, which, by their allegiance they
are bound to support.
It was resolved in the affirmative.
It was then moved,
That this House will proceed no further in the consideration of this Bill.
Richmond's Speech on Proroguing the Legislature, 24 April, 18192
You, Gentleman of the Legislative Council have not disappointed my
hopes, and I beg to return you my thanks for the zeal and alacrity you have
shewn in all that more immediately belongs to your Body.
It is with much concern I feel myself compelled to say, that I cannot
express to you, Gentlemen of the Assembly, the same satisfaction, nor my approbation at the general result of your labours, (at the expense of so much valuable
time), and of the public principles upon which they rest, as recorded on your
Journals.
You proceeded upon the Documents which I laid before you, to vote a part
of the sum required for the Expenses of the year one thousand eight hundred
and nineteen, but the Bill of Appropriation which you passed, was founded
upon such principles, that it appears from the Journals of the Upper House to
have been most constitutionally rejected: His Majesty's Government has been
thus left without the necessary supplies for supporting the Civil Administration
of the Province for the ensuing year, notwithstanding the voluntary offer and
pledge given to His Majesty, by the Resolve of your House, of the thirteenth of
February, one thousand eight hundred and ten. REPORT FOR THE YEAR 1933 15
Gentlemen of the Legislative Council, and
Gentlemen of the House of Assembly,
I recommended to you by Special Message, the consideration of the Judicature
Act, for such amendments as should appear necessary to remedy any inconvenience which time and experience in the course of the administration of justice,
may have pointed out as expedient: and I much regret, that this important
object has not been brought so far to an issue, as would have enabled me to
transmit the result of your proceedings to His Majesty's Ministers, that the
opinion and assistance of the Law Officers of the Crown in England, might have
been obtained, in aid of the local knowledge and practical experience of those
characters in this Province, who have had the best opportunity of studying and
understanding the subject. I trust, however, that you will be prepared to proceed !
effectually thereon, at an early day of the next Session.
Maitland to Bathhurst 19 July 1819.1
York, U. Canada
July 19- 1819
My Lord,
I have the honor to call your attention to a material alteration in the disposal of the Revenue which I established in the last Session—
The whole Revenue, had, I found, been thrown into one mass, and made
subject to the House of Assembly, so that there remained nothing at the disposal
of the Crown— The Supply had always been granted with difficulty, and frequently it left some of the Officers salaries unprovided for— These embarrassing
circumstances induced me to examine minutely the subject of Revenue, and I
found it ought to be divided into three distinct Branches—
1st The King's Rights; arising from the Rents of Crown Reserves, Ferries, Fees
from the Great Seal &c &c—
2dlT The Revenue that accrues from British Acts of Parliament and is appropriated to defray the charges of the Civil List and administration of Justice.
This constitutes a considerable part of the Revenue—
3rdiy Tkg avenue arising from the Provincial Acts, of which the Colonial Legislature has the undoubted appropriation or disposal—
The Revenue arising from the King's rights, tho' at present very small, will
rapidly increase—
I sent the Parliament a Message, explaining that I should, in future, render
no account of this except to the Lords Commissioners of His Majesty's Treasury.
The House of Assembly was given next to understand, that the Revenue produced by virtue of British Acts, must be confined to its destination, and, that
instead of placing it with the Revenue arising from Provincial Acts before Parliament, in one sum, and then requesting a supply; it should be appropriated to
meet the charges for the Civil List, as far as it would go, and that the House of
Assembly should only be called on to provide for the Excess.	
1 Q. 325, pp. 273-275. 16 PUBLIC ARCHIVES
This new arrangement, which has been concurred in by the Parliament
will, I hope, meet Your Lordship's approbation;   and I would suggest, with
deference, that no Lieut. Governor of this Province, should in future be permitted to relinquish the King's Rights, nor abandon the appropriation of the
Revenue arising from British Acts, to the vote of the House of Assemby—1
I have the Honor to be,
My Lord,
Your Lordship's
Most obedient
Humble Servant
P. Maitland,
Lt. Govr.
The
Rt. Honble
Earl Bathurst K.G.
&c &c &c
Maitland to Assembly, Upper Canada, 11 June, 1819.2
P. Maitland.
The Lieutenant Governor, in transmitting the Public Accounts and Estill
mates for the expenditure and supply for the ensuing year, omitted to notice the
proceeds of certain casualties and territorial Revenue, which had on a former
occasion been erroneously stated as applicable to defray the charge of the
Administration of Justice and the Civil Government of the Province.
The Lieut. Governor herewith transmits, for the information and satisfac-|
tion of the Legislature, details of that branch of the Kings Revenue subject
exclusively to the signification of His Majesty's pleasure, noting the appropriation already authorized.
11th June, 1819
P.M.
Casualties and Teeritorial [sic] Revenues on an average of the last three
years.
1st. Rent of Ferries, &c and Crown Lands L  529
2nd. Fines not appropriated by Statute       371
3rd. Reserved on grants of land       870
Total Ll,770
1 The step taken by Maitland in this matter met with the full approbation of the Colonial
Office. Lord Bathurst wrote in reply, 27 September, 1819: "The alteration which has been
made also during the last Session in the disposal of the Colonial Revenue is in every respect
most desirable and proper, and I so entirely concur with you in. opinion as to the necessity of
excluding the Assembly from all participation or controul over the acknowledged revenues of
the Crown that I shall not fail_ to submit to His Royal Highness an. instruction for more
effectually guarding in- future against a recurrence of that negligence which originally subjected
it to the considération of the House of Assembly." Gr. 59, pp. 18b-185. A similar classificatioi- .
of the Revenue of Lower Canada is to be found in Stale Book J., Loioer Canada-, pp. 88-97.
2 Journals of Assembly, Upper Canada, 1819, pp. 16-17. REPORT FOR THE YEAR 1983 17
No. 1. These casualties are so exclusively at the disposal of the King that
he may grant them for ever at pleasure, without reservation of rent or other
consideration, therefore it was obviously improper to submit them to the
appropriation of the Legislature as applicable to defray the charges of the Civil
Government.
No. 2 This class of casualties is also exclusively dependent upon the prerogative to remit or grant ad libitum without account to the Legislature, and
this prerogative His Majesty's Government are sworn to maintain.
No. 3 His Majesty grants lands to whom and on what conditions he pleases,
an unquestionable prerogative.
Out of the small fund accumulated from the casualties in this Province,
amounting on an average of the last three years to L 1,770, but for the present
year probably not amounting to LI,000, His Majesty has made an appropriation of LI ,000 to the Lieutenant Governor, in lieu of fees of office, heretofore
received by him in detail
Opinion op Attorney General on Fines and Forfeitures June 10, 1819.x
Sm
I have considered the question referred to me in Your letter of the 8th Ins*
" how far any Law subjects the Proceeds of fines imposed by Law and sentences
of Courts, and the King's part of forfeitures on penal Statutes to the appropriation of the Provincial Legislature, and beg to report my opinion that there
is no law subjecting these ordinary Branches of His Majesty's Hereditary
Revenue to the disposition of the Parliament of this Province, but that they
stand upon the same footing as the same sources of Revenue did in England
before they were thrown into the aggregate fund, and made part of the general
Revenue subject to the disposition of Parliament, by the spontaneous assent
of His present Majesty, upon the present permanent provision being made for
the Civil List soon after his accession to the throne "
I have the honor to be
Sir
Your most Obedient
Humbly Servant
Jn° B Robinson
kW Gen1
Major Hillier
Sec7 to his Excyy
The Lieu*  Governor
Wpper Canada SundrU
71736-2 18 PUBLIC ARCHIVES
CLERGY RESERVES
Address op Assembly, Upper Canada to Maitland, 2 July 1819.1
To His Excellency, Sir Peregrine Maitland, K.C.B., Lieutenant Governor
of the Province of Upper Canada, and Major General Commanding
His Majesty's Forces within the said Province.
May it please Your Excellency:—
We, His Majesty's dutiful and loyal subjects, the Commons of Upper
Canada in Provincial Parliament assembled, most humbly request that Your|;
Excellency would be pleased to direct the proper Officer to lay before this
House an account of the Clergy Reserves leased, with the Revenue arising
therefrom and its appropriation up to the thirty-first of December last, so
far as the same is ascertained.
(Reply of Maitland to the above request, 5 July, 1819)2
Gentlemen:—The Clergy Reserves and Revenues arising from them, an
account of which you have requested to be laid before you, are placed by the
British Parliament under the control of the King. I shall therefore pray fori:
the instructions of His Royal Highness the Prince Regent on the subject of
Your Address.
Opinion of Law Officers of Crown 18193
Doctors Commons
15th November 1819.
My Lord,
We are honored with your Lordships Commands of the 14th September
last, stating that doubts having arisen how far under the construction of the
Act passed in the 31s* year of His present Majesty. /Cap-31/ the dissenting
protestant ministers resident in Canada have a legal claim to participate in the
Lands by that Act directed to be reserved as a provision for the support and
maintenance of a protestant Clergy.4
And your Lordship is pleased to request that we would take the same into
Consideration and report to your Lordship for the Information of the Prince
Regent Our Opinion whether the Governor of the Province is either required by
the Act or would be justified in applying the produce of the reserved Lands to the
maintenance of any other than the Clergy of the Church of England resident
in the Province, and in the event of our being of Opinion that the ministers of
dissenting protestant Congregations have a concurrent claim with those of thef.
Church of England—further desiring our Opinion, whether in applying the
reserved Lands to the Endowment of Rectories and Parsonages, as required in
1 Journals of Assembly, Upper Canada, 1819, p. 99.
2 Ibid. p. 108.
3 Q. 826, pp. 48-Ï6.
* The question had been referred to England in a despatch from Maitland to Bathurst,
17 May 1819. Maitland declared that the Law Officers of Upper Canada were of the opinion
that the reserves should be applied only to the Church of England and added—" I beg leave to
observe to Your Lordship, with much respect, that your reply to this petition will decide a
question which is of much interest, and on which there is a lively feeling throughout the
Province."    Q. 82S, pp. 197-198. REPORT FOR THE YEAR 1933 19
the 38th Cause, it is incumbent upon His Majesty to retain a proportion of
those Lands for the maintenance of the dissenting Clergy, and as to the proportion in which, under such a construction the Provision is to be assigned to the
different classes of dissenters established within the Province—
We are of Opinion that tho' provisions made by the 31st-George 3rd Chap.
31- Sect. 36 and 42 for the support and maintenance of a protestant Clergy, are
not confined solely to the Clergy of the Church of England, but may be extended
also to Clergy of the Church of Scotland if there are any such settled in Canada
(as appears to have been admitted in the debate upon the passing of the Act)
yet that they do not extend to dissenting Ministers since we think the terms
protestant Clergy can apply only to Protestant clergy recognized and established by Law.
The 37th Section which directs, " that the Rents and profits of the Lands
&ca- shall be applicable solely to the maintenance and support of a protestant
Clergy-" does not specify by what authority the Rents and profits are to be so
applied —Supposing the Governor to be duty authorized by the Act to make
such application, We think that he will be justified in applying such Rents and
profits to the maintenance and support of Clergy of the Church of Scotland as
well as those of the Church of England, but not to the support and maintenance
of Ministers of dissenting protestant Congregations.
With respect to the 2nd question The 38th Clause "which empowers His
Majesty to authorize the Governor to constitute and erect Parsonages or
Rectories according to the Establishment of the Church of England-" provides
also "that he may endow every such Parsonage or Rectory with so much of the
Lands allotted and appropriateed in respect to any Land within such Township
or Parish which shall have been granted, as the Governor with the advice of
the Executive Council shall judge to be expedient-"
Under these terms he might endow any particular parsonage or Rectory
with the whole Lands allotted and appropriated in that Township or Parish-
It would be inconsistent with this discretionary power that any proportion
of such Lands should be absolutely retained for any other Clergy than those
mentioned in that Clause, and we think that it is not incumbent on His Majesty
so to retain any proportion of such Lands- 1
We have the Honor to be,
My Lord
Your Lordships,
most obedient
humble Servants
CHRIST' ROBINSON
R. GIFFORD
J S. COPLEY
Earl Bathurst
àc   &c   &c 	
1 In transmitting this decision to Maitland by letter of 6 May, 1820, Lord Bathurst said:
"I have therefore to acquaint you that although it would be generally speaking most expédient
to make in the first instance a competent provision for the Church of England in the Colony,
yet in every Parish in which the members of the Church of Scotland may greatly predominate
êit appears both adviseable and proper that a proportionate allotment should be reserved for
the provision for a Minister of that Church."   Q. 819 A., pp. 28i-236.
71739—2. 20 PUBLIC ARCHIVES
IMPERIAL ADMINISTRATION.
Letter from Gordon1 and Memorandum, 30 March, 1819.2
Downing Street
30 March 1819.
Sir,
I have the honor to inclose a Memorandum upon the subject of a Bill
passed by the Legislature of the Province of Lower Canada for establishing a
Bank at Montreal, and which is now before the Committee of Privy Council
for confirmation or disallowance.
If there appears nothing objectionable in the course I have ventured to
suggest for giving early operation tp this Bill in case any alteration should be
deemed advisable by His Majesty's Government,
I trust the measure may be recommended to the consideration of the Committee of Council.
I have the Honor to be
Sir
Your most Obed* Serv*
ADAM GORDON
H. Goulburn Esqr
Memorandum
30 March 1819.
A Bill has been passed in Lower Canada for Establishing a Bank of
Montreal which is reserved for the signification of the Royal pleasure.
Mr Stephen has reported that there is no objection to the Bill in point of
Law, but has pointed out some alterations which he conceives may be advantageously made in it.
The Bill has been some time under consideration, and a general wish prevails in the Province that no time should be lost in bringing it into operation—
Mr Gordon, as Agent for the Province has' m consequence been instructed to
take any measures which may tend to that Object.
He therefore begs leave to suggest that if the general provisions of the Bill
should appear unobjectionable altho' any or all the Amendments suggested by
Mr Stephen should be thought proper to be adopted, that such a Communication
may be made to the Governor upon the subject, as will enable him to give his
Assent to any Bill amended, in order that it may have immediate operation in
the Province without incurring the delay of "another reference to this Country for
confirmation.
^■Adam Gordon, a clerk in the Colonial Office and the Agent appointed by the Executive
to look after the interests of Lower Canada.   This document illustrates the type of work whic_u£
he was expected to do.
2 Q. 154, PP- 59-61. REPORT FOR THE YEAR 1988. 21
Decision of the Privy Council 1819.1
Office of Committee of Privy
Council for Trade.
Whitehall 18th May 1819.
Sir,
The Lords of the Committee of Privy Council for Trade and Plantations
having had under Consideration the Bill (N° 327) Intituled, " An Act for the
Establishment of a Bank at the City of Montreal in the Province of Lower
Canada." This Bill was transmitted with a Letter from Earl Bathurst to the
Lord President of the Council on the 30"1 Sep*r last, and has since been referred
to Their Lordships by An Order of The Prince Regent in Council.
Their Lordships have likewise had under Consideration the report of Mr
Stephen2 oh the said Bill, And I have it in Command to Acquaint you, for the
information of Earl Bathurst, that The Lords of the Committee are of opinion
that the Governor may be instructed to assent to the said Bill provided the
several Amendments suggested by Mr Stephen are therein inserted, excepting
the one which relates to the provision of the Bill, contained in the 6ft General
Rule for the Management of the Affairs of the Company, as it does not appear
to their Lordships to be of any moment
I am
Sir,
Your Most Obed*
humble Servant
THOMAS: JACK.
Henry Goulburn Esq1
Order from The Admiralty Office, 1819.3
Admiralty Office
3. July. 1819.
Sir,
The Navy Board having on the 21s* April last entered into a Contract to be
completed by the 25th March 1821, with Messrs Usborne, Benson & C° for the
supply of Canada Goods in which it is stipulated that No Yard Mast, or
Bowsprit cut in His Majesty's Colonies in North America shall be delivered but
such as shall have been cut by Licence from His Majesty's Surveyor General of
the Woods in North America, & also, if it should be required under the inspection
of his Officers.   And that the Articles are to be of the growth of Canada, &
1Q. 15b, PP- 88-89. This document illustrates the imperial supervi*
2 James Stephen, later Sir James Stephen (1789-1859). At thi
t counsel for the Colonial Office.
for the colonies. Two years later he was promoted to i
thought to be so great that his enemies referred to him
secretary Stephen." He was also known as "Mr. Mothe»
8 Q. 15b, p. 6. This document has been selected as a i
governmental system.
n of colonial legislation.
 time Stephen was per-
In 1834 he became assistant undersecretary of state
retary of state.   His influence v
as "King Stephen" or "Mr. Over-
country."
ipresentative example of the imperial 22
PUBLIC ARCHIVES
felled above Montreal; I am commanded by my Lords Commissioners of the t
Admiralty to request that you will move Lord Bathurst to issue the requisite']
Licences to the Surveyor General to enable the parties to perform the said !
Contract.
I am, Sir,
Your very humble Servant
H. Goulburn Esq1
Ja. CROKER
ADMINISTRATOR FOR UPPER CANADA
Government House March 8th 1820.1
Sir
I am to Communicate to you, for the information of The Honorable^!
Executive Council, that His Excellency The Lieutenant Governor, and Major
General Commanding, left this Seat of Government this morning for Lower
Canada2, and will Remain absent for a Period during which it will be necessary
to provide for the Administration of the Government of the Province—
I have the honor to be
&c   &c
(Signed)    GEORGE HILLIER
To
John Small Esquire
Clerk Executive Council
The Honorable Lieu* Colonel Smith took the usual Oaths and was Sworn
as Administrator of the Government of the Province, during the absence of His
Excellency The Lieutenant Governor.
EXTENTION OF CIVIL JURISDICTION
(Organization of Western Territory)
By His Royal Highness the Prince of Wales, Regent of the United Kingdom
of Great Britain and Ireland, in the name and on the behalf of Hi$^
Majesty.
A Proclamation3
J. G Sherbi
WHEBEi
Britain and
intituled, " _
Provinces of Lower and Upper
i Upper Canada, State, <?., pp. 81
* To assume the government of tl
able to leave Nova Scotia.   Sir Perej
30 June, 1820.
3 Quebec Gazette, IS May, 1820.
s by an Act of the Parliament of the United Kingdom of Great
Ireland, passed in the forty-third year of His Majesty's reign,
.n Act for extending the jurisdiction of the Courts of Justice in the
nd Upper-Canada, to the trial and punishment of persons REPORT FOR THE YEAR 1988 23
guilty of crimes and offences within certain parts of North America, adjoining
to the said Provinces," it is amongst other things enacted, " That all offences
committed within any of the Indian Territories, or parts of America, not within
the limits of either of the said Provinces, or of any Civil Government of the
United States of America, shall be and be deemed to be offences of the same
nature, and shall be tried in the same manner, and be subject to the same
punishment, as if the same had been committed within the said Provinces of
Lower or Upper-Canada."
And whereas by the said Act it is also enacted, " That it shall be lawful
for the Governor, or Lieutenant Governor, or person administering the Government for the time being, of the Province of Lower-Canada, by Commission under
his Hand and Seal, to authorize and empower any person or persons, wheresoever resident or being at the time, to act as Civil Magistrates and Justices of
the Peace for any of the Indian Territories, or parts of America, not within
the limits of either of the said Provinces, or of any Civil Government of the
United States of America, as well as within the limits of either of the said
Provinces, either upon information taken or given within the said Provinces of
Lower or Upper^Canada, or out of the said Provinces in any part of the Indian
Territories, or parts of America aforesaid, for the purpose only of hearing crimes
I and offences, and committing any person or persons, guilty of any crime or
offence, to safe custody, in order to his or their being conveyed to the said
Province of Lower^Canada, to be dealt with accordinng to Law;" and "That it
shall be lawful for any person or persons whatever, to apprehend and take
before any persons so commissioned as aforesaid, or to apprehend and convey,
or cause to be safely conveyed with all convenient speed, to the Province of
Lower-Canada, any person or persons guilty of any crime or offence, there to be
delivered into safe custody, for the purpose of being dealt with according to
Law."
And whereas by the said Act it is also further enacted, "That every such
offender may and shall be prosecuted and tried in His Majesty's Courts of the
Province of Lower-Canada, in which crimes and offences of the like nature are
usually tried, and where the same would have been tried if such crime or offence
had been committed within the limits of the Province where the same shall be
tried under the said Act; That every offender tried and convicted under the said
j Act, shall be liable and subject to such punishment as may by any Law in
force in the Province where he or she shall be tried, be inflicted for such crime
j or offence, and that such Court may and shall proceed to trial, judgment and
execution, or other punishment, for such crime or offence, in the same manner,
in every respect, as if such crime or offence had been really committed within
the jurisdiction of such Court; and to proceed also in the trial of any person
being a subject of His Majesty, who shall be charged with any offence, notwithstanding such offence shall appear to have been committed within the limits
I of any Colony, Settlement or Territory, belonging to any European State."
And whereas divers breaches of the peace, and acts of force and violence,
have lately been committed within the said Indian Territories and parts of
America, mentioned and described in the said Act of Parliament, which have
arisen from contentions between certain Merchants, carrying on trade and com- 24
PUBLIC ARCHIVES
merce in the said Indian Territories, under the names of the Hudson's Bay Company, and North West Company, respectively, and other persons, their servants, agents, or adherents, of whom some have entered into and seized, and
occupied by force, and with strong hand, lands or possessions, therein taking,
and by force retaining, divers goods, wares, merchandize, and other property,
and obstructing the passage of navigable rivers and other natural passes of the
country; and others have met together in unlawful assemblies, formed divers
conspiracies and confederacies, committed murders, riots, routs and affrays, and
appeared, gone and ridden in companies, in military array, with armed force, and
have rescued themselves and others from lawful arrest and custody.
We do, therefore, in the name and on the behalf of His Majesty, publish
this Proclamation, hereby calling upon said Merchants, so as aforesaid carrying on trade and commerce in the said Indian Territories, under the names of
the Hudson's Bay Company, and the North West Company, respectively, and
upon each and every of them, and upon all other persons, their servants, agents
or adherents, and each and every of them, to desist from every hostile aggression or attack whatsoever: And in order to prevent the further employment of
an unauthorised military force, we do hereby require all persons who have been
heretofore engaged in His Majesty's service as Officers or Soldiers, and as such
have enlisted and engaged in the service of the said Hudson's Bay Company, or
North West Company, or either of them, or of any of their servants, agents, or
adherents, to leave the service in which they may be so engaged, within twenty-
four hours after their knowledge of this Proclamation, under penalty of incurring
our most severe displeasure, and forfeiting every privilege to which their former
employment in His Majesty's service would otherwise have entitled them.
And we do, under similar penalties, hereby require of all and every person
and persons whomsoever, whom it doth or shall, or may in any wise concern,
the restitution of all Forts, Buildings, or Trading Stations, with the property
which they contain, which may have been seized or taken possession of, by
either party, to the party who originally established or constructed the same,
and were possessed thereof previous to the recent disputes between the aforesaid
Companies.
And we do hereby require in like manner, of all and every person and
persons whomsoever, whom it doth, or shall, or may in any wise concern, the
removal of any blockade or impediment, by which any party, person or persons
may have attempted to prevent, or interrupt the free passage of Traders, or
others of His Majesty's subjects, or of the natives of the said Indian Territories,
with their merchandize, furs, provisions, and other effects, throughout the Lakes,
Rivers, Roads, and every other usual route or communication heretofore used
for the purposes of the Fur Trade, in the interior of North America; and full
and free permission for all persons to pursue their usual and accustomed trade,
without hindrance or molestation, hereby declaring, that nothing done in consequence of this Proclamation, shall in any degree be considered to affect the rights
which may ultimately be adjudged to belong to either or any party, upon a full
consideration of all the circumstances of their several claims.
And whereas for the purpose of restraining all offences in the said Indian
Territories, and of bringing to condign punishment the perpetrators of all offences REPORT FOR THE YEAR 1933 25
there committed, His Excellency Sir John Coape Sherbrooke, Knight Grand
Cross of the Most Honorable Military Order of the Bath, His Majesty's Captain
General and Governor in Chief in and over the Provinces of Lower and Upper-
Canada, Nova Scotia, New Brunswick, and their several dépendances, Lieutenant General and Commander of all His Majesty's Forces in the said Provinces, &c. &c. by and with the advice of His Majesty's Executive Council of
and for the said Province of Lower-Canada, hath nominated, constituted, and
authorized the Honourable William Bacheler Coltman, one of the Members
of the said Council, a Lieutenant Colonel in His Majesty's Indian Department,
and one of His Majesty's Justices of the Peace for the Western District of the
said Province of Upper-Canada; and John Fletcher, Esquire Barrister at Law;
one of the principal Police Magistrates and Chairman of His Majesty's Court
of Quarter Session for the District of Quebec, a Major in the said Indian Department, and one of His Majesty's Justices of the Peace for the said Western
District of Upper-Canada, to act as Civil Magistrates and Justices of the Peace
for the said Indian Territories or parts of America aforesaid, as well without as
within the said Provinces of Lower and Upper-Canada, under and by virtue of
the said Act, and also His Majesty's Special Commissioners for inquiring into
and investigating all offences committed in the said Indian Territories, and the
circumstances attending the same, with power and authority for such purposes.
And whereas the said William Bacheler Coltman, and John Flether, [sic] are
immediately about to proceed to the said Indian Territories, in execution of the
trust so reposed in them:
We do therefore hereby strictly charge and command, in the name and on
the behalf of His Majesty, all Sheriffs, Bailiffs, Constables and other Officers of
the Peace, and all others, His Majesty's Officers, Servants and Subjects, Civil
and Military, generally, in their several and respective stations, to make diligent
inquiry and search to discover and apprehend all persons who have been or shall
be guilty of any such crimes or offences as aforesaid, or any other crimes or
offences whatsoever, within the Indian Territories or parts of America, in the
said Act mentioned and described, whether without or within the said Provinces
of Lower or Upper-Canada, and to cause them to be carried before the said
William Bacheler Coltman and John Fletcher, or one of them, or such other
Magistrates as may hereafter be appointed for the like purposes, or otherwise
be invested with competent jurisdiction in that behalf, to be dealt with according
to Law, and by all lawful ways and means whatsoever, to repress and discourage
all such crimes and offences; requiring and directing them and each of them as
well within the said Indian Territories or parts of America, as elsewhere, to be
aiding and assisting to the said William Bacheler Coltman, and John
Fletcher, in the execution of the duties wherewith they are charged as such
Magistrates and Special Commissioners as aforesaid, in all their endeavours for
the repression and discouragement of all such crimes and offences, wheresoever
or by whomsoever perpetrated or committed; for the detection and apprehension
of all such persons as have been or hereafter shall be concerned or implicated in
the perpetration thereof, and for the maintenance and preservation of the Peace
and of the Law. 26 PUBLIC ARCHIVES
In faith and testimony whereof, We, by our express command, in the name
and on the behalf of His Majesty, have caused the Great Seal of the Province
of Lower-Canada, to be hereunto affixed.
Witness our trusty and well-beloved Sir John Coape Sherbrooke, Knight Grand
Cross of the Most Honourable Military Order of the Bath, Captain General
and Governor in Chief of the said Provinces of Lower and Upper Canada,
Nova Scotia and New Brunswick, Lieutenant General and Commander of
all His Majesty's Forces in the said Provinces, &c. &c. at the Castle of St.
Lewis, in the City of Quebec, in the said Province of Lower-Canada, this
third day of May, in the year of our Lord Christ, one thousand eight
hundred and seventeen, and in the fifty-seventh year of His Majesty's
Reign.
S J.C.S.
By His Excellency's Command,
John Taylor, Dep. Sec'y.
Province of
Lower Canada
Signed P. Maitland.
By His Majesty George the Fourth, by the Grace of God, of the United
Kingdom of Great Britain and Ireland, King, Defender of the Faith:
A Proclamation.
Whereas divers breaches of the peace and acts of force and violence having
been committed within those parts of the Continent of North America, commonly
called and known by the name of the Indian Territories:—We, for the suppression and prevention of all such breaches of the peace and acts of force and
violence, in the name and on the behalf of Our late Royal Father, of glorious
memory, did issue Our Royal Proclamation under the Great Seal of our Province
of Lower Canada, bearing date the third day of May, in the fifty-seventh year
of the Reign of Our said Royal Father. And whereas it appears to Us expedient
so to do, We have thought fit to renew, and hereby do renew the prohibitions,
commands, and provisions in Our said Proclamation contained, and each and
every of them as fully to all intents and purposes as if the same were herein
again set forth and repeated; hereby calling upon all persons carrying on trade
and commerce in the said Indian Territories, under the names of the Hudson's
Bay Company and the North-West Company, respectively, and upon each and
every of them, and upon all other persons, their servants, agents or adherents,
and generally all persons whomsoever, and each and every of them, to desist
from every hostile aggression or attack, and from every act of force and violence,
or trespass whatsoever.
And we do hereby further strictly warn all partiees that any infringement
of Our former Proclamation, or of this Our present Proclamation, whether by
seizing the property or persons of the traders, by obstructing the rivers and
portages by which their trade is carried on, or by any incitement of the Indians
or others to acts of violence or hostility, or by any other manner whatsoever, REPORT FOR THE YEAR 1938 27
will not fail to be visited with Our severest displeasure, and to draw down upon
the parties themselves and the persons under whose authority they act, the
heaviest penalties.
In faith and testimony whereof We have caused the Great Seal of Our
j Province of Lower-Canada to be hereunto affixed: Witness Our trusty and well-
| beloved Sir Peregrine Maitland, Knight, Commander of the Most Honorable
Military Order of the Bath, Major-General Commanding Our Forces in Our
I Provinces of Upper and Lower-Canada, President and Administrator of the
( Government of Our said Province of Lower-Canada, at Our Castle of St. Lewis,
in Our City of Quebec, in Our said Province, this twelfth day of May, in the
year of Our Lord one thousand eight hundred and twenty, and in the first year'
of Our Reign.
(Signed) J. Ready, Actg. Prov. Secy.
(Signed) P.M.
Imperial Statutes, 1 & 2 Geo. IV, Cap. LXVL*
An Act for regulating the Fur Trade, and establishing a Criminal
and Civil Jurisdiction within certain Parts of North America.
[2nd July 1821.]
' Whereas the Competition in the Fur Trade between the Gov-
■ ernor and Company of Adventurers of England trading into Hud-
' son's Bay, and certain Associations of Persons trading under the
' Name of "The North West Company of Montreal," has been found
' for some Years past to be productive of great Inconvenience and
' Loss, not only to the said Company and Associations, but to the
' said Trade in general, and also of great Injury to the native
' Indians, and of other Persons Subjects of His Majesty: And Whereas
'the Animosities and Feuds, arising from such Competition, have
i also for some Years past kept the Interior of America, to the North-
' ward and Westward of the Provinces of Upper and Lower Canada,
' and of the Territories of the United States of America, in a State
\ of continued Disturbance: And Whereas many Breaches of the
' Peace, and Violence extending to the Loss of Lives, and consider-
' able Destruction of Property, have continually occurred therein:
' And Whereas, for Remedy of such Evils, it is expedient and neces-
' sary that some more effectual Regulations should be established for
' the apprehending, securing and bringing to Justice all Persons com-
' mitting such Offences, and that His Majesty should be empowered
' to regulate the said Trade: And Whereas Doubts have been enter-
' tained, whether the Provisions of an Act passed in the Forty third
'Year of the Reign of His late Majesty King George the Third,
'intituled An Act for extending the Jurisdiction of the Courts of
' Justice in the Provinces of Lower and Upper Canada, to the Trial
' and Punishment of Persons guilty of Crimes and Offences within
' certain Parts of North America adjoining to the said Provinces, ex-
t Large, Gre
,, 60 Geo. IH-8 Geo. IV, pp. b22-bU- Grants for
Trade with
Indians in
certain
Parts of
North
Persons to
whom such
Grants made,
to enter into
Security,
PUBLIC ARCHIVES
' tended to the Territories granted by Charter to the said Governor 1
' and Company; and it is expedient that such Doubts should be re-
' moved, and that the said Act should be further extended:'   Be it J
therefore enacted by The King's Most Excellent Majesty, by and with 1
the Advice and Consent of the Lords Spiritual and Temporal, and!
Commons, in this present Parliament assembled, and by the Authority J
of the same, That from and after the passing of this Act, it shall be |
lawful for His Majesty, His Heirs or Successors, to make Grants or
give His Royal Licence, under the Hand and Seal of One of His |
Majesty's Principal Secretaries of State, to any Body Corporate, or
Company, or Person or Persons, of or for the exclusive Privilege of
Trading with the Indians in all such Parts of North America as shall
be specified in any such Grants or Licences respectively, not being
Part of the Lands or Territories heretofore granted to the said )
Governor and Company of Adventurers of England trading to Hudson's Bay, and not being Part of any of His Majesty's Provinces in
North America, or of any Lands or Territories belonging to the
United States of America; and all such Grants and Licences shall be I
good, valid and effectual for the Purpose of securing to all such Bodies
Corporate, or Companies, or Persons, the sole and exclusive Privilege
of trading with the Indians in all such Parts of North America (except
as hereinafter excepted), as shall be specified in such Grants or
Licences; any thing contained in any Act or Acts of Parliament, or
any Law to the contrary notwithstanding.
II. Provided always, and be it further enacted, That no such
Grant or Licence, made or given by His Majesty, His Heirs or
Successors, of any such exclusive Privileges of trading with the
Indians in such Parts of North America as aforesaid, shall be made
or given for any longer Period than Twenty one Years; and no Rent
shall be required or demanded for or in respect of any such Grant
or Licence, or any Privileges given thereby under the Provisions of
this Act, for the first Period of Twenty one Years ; and from and after
the Expiration of such first Period of Twenty one Years, it shall be
lawful for His Majesty, His Heirs or Successors, to reserve such
Rents in any future Grants or Licences to be made to the same or any
other Parties, as shall be deemed'just and reasonable, with security
for the Payment thereof ; and such Rents shall be deemed Part of the
Land Revenues of His Majesty, His Heirs and Successors, and be
applied and accounted for as the other Land Revenues of His
Majesty, His Heirs or Successors, shall, at the time of Payment of
any such Rent being made, be applied and accounted for.
III. And be it further enacted, That from and after the passing
of this Act, the Governor and Company of Adventurers trading to
Hudson's Bay, and every Body Corporate and Company and Person
to whom every such Grant or Licence shall be made or given as
aforesaid, shall respectively keep accurate Registers of all ] for the
Purposes
herein
mentioned.
fere
vith
Trade of
United
States
Westward <
the Stony
Mountains.
Proviso.
granted to
Hudson's
REPORT FOR THE YEAR 1933 29
their Employ in any Parts of North America, and shall, once in each
Year, return to His Majesty's Secretaries of State, accurate Duplicates of such Registers, and shall also enter into such Security as
shall be required by His Majesty for the due Execution of all Processes criminal and civil, as well within the Territories included in any
such Grant, as within those granted by Charter to the Governor and
Company of Adventurers trading to Hudson's Bay, and for the producing or delivering into safe Custody, for Purpose of Trial, of all
Persons in their Employ or acting under their Authority, who shall
be charged with any Criminal Offence, and also for the due and
faithful Observance of all such Rules, Regulations and Stipulations
as shall be contained in any such Grant or Licence, either for
diminishing or preventing the Sale or Distribution of Spirituous
Liquors to the Indians, or for promoting their moral and religious
Improvement, or for any other Object which His Majesty may deem
necessary for the Remedy or Prevention of the other Evils which
have hitherto been found to exist.
' IV. And Whereas by a Convention entered into between His
' Majesty and the United States of America, it was stipulated and
' agreed, that any Country on the North West Coast of America, to
' the Westward of the Stony Mountains, should be free and open to
' the Citizens and Subjects of the Two Powers, for the Term of Ten
'Years from the Date of the Signature of that Convention;' Be it
therefore enacted, That nothing in this Act contained shall be deemed
or construed to authorize any Body Corporate, Company or Person,
to whom His Majesty may have, under the Provisions of this Act,
made a Grant or given a Licence of exclusive Trade with the Indians
in such Parts of North America as aforesaid, to claim or exercise any
such exclusive Trade within the Limits specified in the said Article,
to the Prejudice or Exclusion of any Citizens of the said United
States of America, who may be engaged in the said Trade: Provided
always, that no British Subject shall trade with the Indians within
such Limits, without such Grant or Licence as is by this Act required.
V. And be it declared and enacted, That the said Act passed in
the Forty third Year of the Reign of His late Majesty, intituled An
Act for extending the Jurisdiction of the Courts of Justices in the
Provinces of Lower and Upper Canada, to the Trial and Punishment
of Persons guilty of Crimes and Offences within certain Parts of
North America adjoining to the said Provinces, and all the Clauses
and Provisoes therein contained, shall be deemed and construed, and
it is and are hereby respectively declared, to extend to and over, and
to be in full force in and through all the Territories heretofore
granted to the Company of Adventurers of England trading to Hudson's Bay; any thing in any Act or Acts of Parliament, or this Act,
or in any Grant or Charter to the Company, to the contrary notwithstanding. i
Counts of
Judicature
established
in Upper
Canada to
take
Cognizance
Actions
Lands not
Upper
Canada
decided
according
to Law of
England.
Proceedings
of Courts
issued as
heretofore.
Justices
of Peace
authorized
by Governo)
&c. to act
for
PUBLIC ARCHIVES
VI. And be it further enacted, That from and after the passing
of this Act, the Courts of Judicature now existing, or which may bej
hereafter established in the Province of Upper Canada, shall have the 'J
same Civil Jurisdiction, Power and Authority, as well in the I
Cognizance of Suits, as in the issuing Process, mesne and final, and-<:|
in all other Respects whatsoever, within the said Indian Territories,
and other Parts of America not within the Limits of either of the
Provinces of Lower or Upper Canada, or of any Civil Government
of the United States, as the said Courts have or are invested with
within the Limits of the said Provinces of Lower or Upper Canada
respectively; and that all and every Contract, Agreement, Debt,
Liability and Demand whatsoever, made, entered into, incurred or
arising within the said Indian Territories and other Parts of America,
and all and every Wrong and Injury to the Person or to Property,
real or personal, committed or done within the same, shall be and be
deemed to be of the same Nature, and be cognizable by the same
Courts, Magistrates or Justices of the Peace, and be tried in the
same Manner and subject to the same Consequences, in all Respects,
as if the same had been made, entered into, incurred, arisen, com-.
mitted or done within the said Province of Upper Canada; any thing,
in any Act or Acts of Parliament, or Grant or Charter, to the contrary notwithstanding: Provided always, that all such Suits and
Actions relating to Lands, or to any Claims in respect of Land, not
being within the Province of Upper Canada, shall be decided according to the Laws of that Part of the United Kingdom called England,
and shall not be subject to or affected by any Local Acts, Statutes
or Laws of the Legislature of Upper Canada.
VII. And be it further enacted, That all Process, Writs, Orders,
Judgments, Decrees and Acts whatsoever, to be issued, made, delivered, given and done by or under the Authority of the said Courts;;
or either of them, shall have the same Force, Authority and Effect
within the said Indian Territory and other Parts of America as aforesaid, as the same now have within the said Province of Upper Canada.
VIII. And be it further enacted, That it shall be lawful for the
Governor or Lieutenant Governor or Person administering the Government for the time being of Lower Canada, by Commission under
his Hand and Seal, to authorize all Persons who shall be appointed
Justices of the Peace under the Provisions of this Act, within the
said Indian Territories, or other Parts of America as aforesaid, or
any other Person who shall be specially named in any such Commission, to act as a Commissioner within the same, for the Purpose of
executing, enforcing and carrying into Effect all such Process, Writs,
Orders, Judgments, Decrees and Acts, which shall be issued, made,
delivered, given or done by the said Courts of Judicature, and which
may require to be enforced and executed within the said Indian Territories
refusing
Process.
Upper
Canada.
Such Recognizance may
be assigned,
REPORT FOR THE YEAR 1988 31
Territories or such other Parts of North America as aforesaid; and
in case any Person or Persons whatsoever residing or being within
the said Indian Territories, or such other Parts of America as aforesaid, shall refuse to obey or perform any such Process, Writ, Order,
Judgment, Decree or Act of the said Courts, or shall resist or oppose
the Execution thereof, it shall and may be lawful for the said
Justices of the Peace or Commissioners, and they or any of them
are and is hereby required, on the same being proved before him, by
the Oath or Affidavit of One credible Witness, to commit the said
Person or Persons so offending as aforesaid to Custody, in order to
his or their being conveyed to Upper Canada; and that it shall be
lawful for any Justice of the Peace or Commissioner, or any Person
or Persons acting under his Authority, to convey or cause to be conveyed such Person or Persons so offending as aforesaid to Upper
Canada, in pursuance of such Process, Writ, Order, Decree, Judgment
or Act, and such Person and Persons shall be committed to Gaol by
the said Court, on his, her or their being so brought into the said
Province of Upper Canada, by which such Process, Writ, Order,
Decree, Judgment or Act was isued, made, delivered, given or done,
until a final Judgment or Decree shall have been pronounced in
such Suit, and shall have been duly performed, and all Costs paid,
in case such Person or Persons shall be a Party or Parties in such
Suit, or until the Trial of such Suit shall have been concluded, in case
such Person or Persons shall be a Witness or Witnesses therein: Provided always, that if any Person or Persons so apprehended as aforesaid shall enter into a Bond Recognizance to any such Justice of the
Peace or Commissioner, with Two sufficient Sureties, to the Satisfaction of such Justice of the Peace or Commissioner, or the said
Courts, conditioned to obey and perform such Process, Writ, Order,
Judgment, Decree or Act as aforesaid, then and in such case it shall
and may be lawful for the said Justice of the Peace or Commissioner,
or the said Courts, to discharge such Person or Persons out of
Custody.
IX. And be it further enacted, That in case such Person or
Persons shall not perform and fulfil the Condition or Conditions of
such Recognizance, then and in such case it shall and may be lawful
for any such Justice or Commissioner, and he is hereby required, to
assign such Recognizance to the Plaintiff or Plaintiffs, in any Suit in
which such Process, Writ, Order, Decree, Judgment or Act shall have
been issued, made, delivered, given or done, who may maintain an
Action in the said Courts in his own Name against the said Sureties,
and recover against such Sureties the full Amount of such Loss or
Damage as such Plaintiff shall prove to have been sustained by him,
by reason of the original Cause of Action in respect of which such
Process, Writ, Order, Decree, Judgment or Act of the said Courts notwith-
Charter to
Hudson's
Bay
Company.
Appointment
by His
Majesty of
Justices of
effect of
Decree, &c.
His Majesty
Commissions
under Great
Seal, empowering
Justices to
hold Courts
of Record
for Trial
of Criminal
and Civil
Offences.
PUBLIC ARCHIVES
were issued, made, delivered, given or done as aforesaid, notwith- |
standing any thing contained in any Charter granted to the said I
Governor and Company of Adventurers of England trading to Hudson's Bay.
X. And be it further enacted, That it shall be lawful for Hisji
Majesty, if He shall deem it convenient so to do, to issue a Commis- ;
sion or Commissions to any Person or Persons to be and act as j
Justices of the Peace within such Parts of America as aforesaid, as |
well within any Territories heretofore granted to the Company of ■
Adventurers of England trading to Hudson's Bay, as within the Indian
Territories of such other Parts of America as aforesaid; and it shall i
be lawful for the Court in the Province of Upper Canada, in any case i
in which it shall appear expedient to have any Evidence taken by :
Commission, or any Facts or Issue, or any Cause or Suit ascertained,
to issue a Commission to any Three or more of such Justices to take
such Evidence, and return the same, or try such Issue, and for that
Purpose to hold Courts, and to issue Subpoenas or other Processes
to compel Attendance of Plaintiffs, Defendants, Jurors, Witnesses
and all other Persons requisite and essential to the Execution of the
several Purposes for which such Commission or Commissions had
issued, and with the like Power and Authority as are vested in the
Courts of the said Province of Upper Canada; and any Order, Verdict,
Judgment or Decree that shall be made, found, declared or published
by or before any Court or Courts held under and by virtue of such
Commission or Commissions, shall be considered to be of as full
Effect, and enforced in like Manner, as if the same had been made,
found, declared or published within the Jurisdiction of the Court of
the said Province; and at the Time of issuing such Commission or
Commissions shall be declared the Place or Places where such Commission is to be opened, and the Courts and Proceedings thereunder
held; and it shall be at the same time provided how and by what
Means the Expences of such Commission, and the Execution thereof,
shall be raised and provided for.
XL And be it further enacted, That it shall be lawful for His
Majesty, notwithstanding any thing contained in this Act, or in any
Charter granted to the said Governor and Company of Adventurers
of England trading to Hudson's Bay, from time to time, by any Commission under the Great Seal, to authorize and empower any such
Persons so appointed Justices of the Peace as aforesaid, to sit and
hold Courts of Record for the Trial of Criminal Offences and
Misdemeanors, and also of Civil Causes; and it shall be lawful for
His Majesty to order, direct and authorize the Appointment of proper
Officers to act in aid of such Courts and Justices within the Jurisdiction assigned to such Courts and Justices in any such Commission; as His
Majesty
shall direct.
Power of
Court not
to extend
to Capital
Offences;
nor to Civil
Actions
where the
Amount in
ceeds200£.
REPORT FOR THE YEAR 1938 33
any thing in this Act, or in any Charter of the Governor and Company of Merchant Adventurers of England trading to Hudson's Bay,
to the contrary notwithstanding.1
XII. Provided always, and be it further enacted, That such
Courts shall be constituted, as to the Number of Justices to preside
therein, and as to such Places within the said Territories of the said
Company, or any Indian Territories, or other Parts of North America
as aforesaid, and the Times and Manner of holding the same, as His
Majesty shall from time to time order and direct; but shall not try
any Offender upon any Charge or Indictment for any Felony made
the Subject of Capital Punishment, or for any Offence or passing
Sentence affecting the Life of any Offender, or adjudge or cause any
Offender to suffer Capital Punishment or Transportation, or take
Cognizance of or try any Civil Action or Suit, in which the Cause
of such Suit or Action shall exceed in Value the Amount or Sum of
Two hundred Pounds; and in every case of any Offence subjecting
the Person committing the same to Capital Punishment or Transportation, the Court or any Judge of any such Court, or any Justice
of Justices of the Peace, before whom any such Offender be brought,
shall commit such Offender to safe Custody, and cause such Offender
to be sent in such Custody for Trial in the Court of the Province of
Upper Canada.
XIII. And be it further enacted, That all Judgments given in
any Civil Suit shall be subject to Appeal to His Majesty in Council,
in like manner as in other cases in His Majesty's Province of Upper
Canada, and also in any case in which the Right or Title to any
Land shall be in question.
XIV. And be it further enacted, That nothing in this Act
contained shall be taken or construed to affect any Right, Privilege,
Authority or Jurisdiction which the Governor and Company of
Adventurers trading to Hudson's Bay are by Law entitled to claim
and exercise under their Charter; but that all such Rights, Privileges,
Authorities and Jurisdictions shall remain in as full force, virtue and
effect, as if this Act had never been made; any thing in this Act to
the contrary notwithstanding.
1By the Charter of 1670, the Hudson's Bay Company had been given jurisdiction over all
persons within their Territories, with power to make Laws and Ordinances conformable to
those of England and to impose reasonable fines and penalties. The above mentioned Act of
1803, however, extended the jurisdiction of the Courts of Upper and Lower Canada, and it was
ordered that offences committed "within any of the Indian Territories, or Parts of America
not within the Limits of either of the said Provinces of Lower or Upper Canada, or of any
Civil Government of the United States of America, shall be and be deemed to be offences oi
the same nature, and shall be tried in the same Manner and subject to the same Punishment,
as if the same had been committed within the Provinces of Lower or Upper Canada . Such
offences were to be tried in the Courts of Lower Canada or, if the Governor should see fit,
in those of Upper Canada.
Compare with paragraph XIV.
71736-3 PUBLIC ARCHIVES
POWERS OF ADMINISTRATOR
Bathurst to Dahousie.1
Downing Street, 20 Jan. 1820
My Lord,
I have the Honor to transmit to you three dispatches which I have received
from the Administrator of the Province of Lower Canada2 relative to the vacancies which have taken place in the Executive and Legislative Councils of the
Province and containing his opinion of the Character and qualifications of the
persons whom he would recommend as Councillors— Deeming it in all cases,
and more especially in that of Canada, most important that the selection of
Members of Council should rest altogether with the Governor3 I have forborne
to submit Mr Monk's recommendation to The Prince Regent nor shall I take
any measures on the subject beyond communicating to Your Lordship the information which Mr Monk's letters afford until I shall be favoured with Your
Lordships opinion as to the Gentlemen best qualified and possessing the strongest
claims to succeed to the vacant situations.
I have the Honor to be
My Lord,
Your Lordship's most obedient
Humble Servant
Lieut General
The Earl of Dalhousie G.C.B.
Bathurst
PROCEEDINGS ON THE DEATH OF GEORGE III, 1820
By the King.
A Proclamation,4
Requiring all Persons being in Office of Authority or Government at the Decease
of the late King, to proceed in the Execution of their respective Offices.
George R.
Whereas by an Act made in the Sixth Year of the Reign of Her late i
Majesty Queen Anne, intituled, An Act for the Security of Her Majesty's Person
and Government, and of the Succession to the Crown of Great Britain, in the
Protestant Line; it was enacted, that no Office, Place, or Employment, Civil or
Military, within the Kingdoms of Great Britain or Ireland, Dominion of Wales,
Town of Berwick-upon-Tweed, Isles of Jersey, Guernsey, Alderney and Sark,
1 G. 11, pp. 1-2.
2 Hon. James Monk, following the death of the Duke of Richmond.
3 Lord Dalhousie also felt that the Administrator should not have the power to make such   :
recommendations.    When he heard of Monk's action, he wrote to  Colonel Ready, the Civil
Secretary at Quebec:  "As to the three others recommended by the President I must say it
was hasty—it is an object of the greatest  importance  to  the  tranquil  Government  of  the
Province, that the Governor should have full confidence in the Members of the Executive, a__  I
Judge Monk ought in delicacy, to have left that choice, to the Governor, who should h
by His Majesty.
me; at the same time 1 an
in any respect."    Dalhous
i Lo
d Batb
ns disposed to think
el Ready, Halifax,
i the choic
that the
3 will be objectio
?0, Dalhousie Pt
* Quebec Gazette, IS May, 1820. REPORT FOR THE YEAR 1983 35
or any of His Majesty's Plantations, should become void by reason of the Demise
of Her said late Majesty, Her Heirs or Successors, Kings or Queens of this
Realm, but that every Person and Persons in any of the Offices, Places, and
Employments aforesaid, should continue in their respective Offices, Places, and
Employments for the space of Six Months next after such Death or Demise,
unless sooner removed and discharged by the next Successor, to whom the
Imperial Crown of this Realm was limited and appointed to go, remain, and
descend: And whereas by an Act made in the Fifty-seventh Year of the Reign
of His late Majesty King George the Third, intituled, An Act for the Continuation of all and every Person or Persons in any and every Office, Place, or Employment, Civil or Military, within the United Kingdom of Great Britain and Ireland,
Dominion of Wales, Town of Berwick-upon-Tweed, Isles of Jersey, Guernsey,
| Alderney, Sark, and Man, and also in all and every of His Majesty's Foreign
i Possessions, Colonies, or Plantations, which he or she shall hold, possess, or exer-
| rise during the Pleasure of the Crown at the Time of the Death or Demise of
His present Majesty, until removed or discharged therefrom by the succeeding'
King or Queen of this Realm; it was enacted, that all and every Person and
Persons, who upon the Day of the Demise of His said late Majesty should hold
any Office, Civil or Military, under the Crown during Pleasure, should under and
by virtue of the said Act, and without any new or other Patent, Commission,
Warrant, or Authority, continue and be entitled in all Respects, notwithstanding
the Demise of His said Majesty, to hold and enjoy the same: But nevertheless
the same should be held or enjoyed only during the Pleasure of the King or
Queen who should succeed to the Crown upon the Demise of His said late
Majesty; and the Right and Title to hold and enjoy the same under the
Authority of the said Act, should be determinable in such and the like Manner
by the King or Queen who upon the Demise of His said late Majesty should
succeed to the Crown, as the Right or Title to any Office, Place, or Employment
granted by such succeeding King or Queen, during Pleasure, would by Law be
determinable: We, therefore, with the Advice of Our Privy Council, declare
Our Royal Will and Pleasure to be, and do hereby direct and command, That
all and every Person and Persons who at the Time of the Demise of Our late
Royal Father, of Glorious Memory, duly and lawfully held, or were duly and
lawfully possessed of or invested in any Office, Place, or Employment, Civil or
Military, within Our United Kingdom of Great Britain and Ireland, Dominion
of Wales, Town of Berwick-upon-Tweed, Isles of Jersey, Guernsey, Alderney,
Sark, or Man, or any of Our Foreign Possessions, Colonies, or Plantations, do
severally, according to their Places, Offices, or Charges, proceed in the Performance and Execution of all Duties belonging to their respective Offices, whilst
they shall hold the same respectively during Our Pleasure; And We do hereby
require and command all Our Subjects to be aiding, helping, and assisting at the
Commandment of the said Officers and Ministers, in the Performance and Execution of their respective Offices and Places, as they and every of them tender Our
utmost Displeasure, and will answer the contrary at their Peril.
Given at Our Court at Carlton House, the Thirty-first Day of January, one
thousand eight hundred and twenty, and in the First Year of Our Reign.
God Save the King. 36
PUBLIC ARCHIVES
Communication for the Montreal Herald.1
Various opinions having been expressed relative to the operation of tl™
demise of our late beloved Sovereign Geo. Ill, upon the present election, and
other matters of Provincial polity: I 'beg leave through the medium of your
paper, to give the result of my enquiries into the subject.
1st. All Colonial Commissions continue for six months after the demise of
the King, unless superseded in the mean time by his Successor, See 7 and 8
Wm. 3, chap. 27, explained by a subsequent stat. of 1. Q. Anne, chap. 8.—Also]
see 6 Anne, chap. 7, which continues the Commissions of Governors of Planta- j
tions for six months after the demise of the Queen, or her successors, and furtheM
it is the invariable practice of every Successor, on the demise of the preceding.
Sovereign, to continue all Commissions for six months thereafter.
2d. All Acts of the Colonial Legislature, and other legal authority in a
Colony: done before notice (of course official notice) of a demise of the Sovereign,!
are valid, on the principles of the common law applicable to such oases, and toi
the principles of sound sense; else upon every demise, a species of anarchy and!
dissolution of civil society, must ensue; because, otherwise, the exercise of power!
would be made dependent upon an impossibility, the knowledge of an event!
unattainable by any human means.   The law expects no miracles.
If it be asked, why then were the Statutes of King William and QueerJ
Anne passed? The answer is, it takes time after a Royal demise, to settle the j
arrangements of Government. The common law only supported all official acts!
done before notice, and therefore those Statutes in continuing all commissions!
for six months thus comprehend as well acts done after as ibefore notice, during j
that period.
Upon the whole, the re-assembling of the old Parliament, where one doesl
not exist at a Royal demise, applies only to Gt. Britain, and that by Special \
Statute of 37 Geo. 3, chap., 27 ; whereas in the Colonies such is unnecessary from
the foregoing provisions and principles.
And therefore there can be no doubt, that, supposing the Provincial Parlia-f
ment meets, and proceeds to business upon the return of the late Writs of
Election, every Act thereof assented to by the administrator, before the receipt)
of official notice of the demise of His late Majesty, would be valid to all intents^
and purposes. But it is of course competent to the Administrator, to prevent '
their meeting and proceeding to business, by prorogation, if he sees fit.
Montreal, March 20, 1820.
A.B.
Discussion by " An Elector ".2
Sir,
The attention and curiosity of the public being directed to a point of confl
siderable importance at this moment, the effect that the death of our venerable j
King will have on the elections now going on; I submit to you the following \
hasty suggestions on the subject, that you may if you think proper, insert them i
in your paper.
1 Quebec Gazette, 27 March, 1820.
2 Quebec Gazette, 28 March, 1820.   This question continued to be agitated until 1829 w
it was set at rest by 9 Geo. IV Cap. 7b.   The Governor reserved this act but the Royal Assent j
was proclaimed 18 January, 1831.   This Act became effete upon the Union of the two Canadas i
but the situation waa provided for by the Act 7 Vic. cap. 8 (1843). REPORT FOR THE YEAR 1988 37
The general rule of the Common Law of England undoubtedly is, that the
| King's death causes the dissolution of Parliament; the statutes of 7th and 8th
i Will, and 6th Anne, are exceptions to this rule, and only serve to prove it; for if
I the period of six months, (during which by these acts the Parliament existing
at the King's death is continued) were allowed to expire without a new one
i being summoned, there can be no doubt that the old Parliament would then be
at an end, and the preceding demise of the Crown would be the cause of its
dissolution; but these acts, do not apply in this case; they were only made, as
appears by the very terms of them, for the mother country, and contain no
extending clause; except that of Queen Anne, which in its 8th section, provides
for the continuance of the commissions of Colonial officers; nor are these acts
part of the law and usage of Parliament as your Brother Editor supposes, but
deviations from the general usage, rendered necessary by local circumstances.
As little can we avail ourselves of 37. Geo. 3. c. 127. (of which your brother
Editor appears not to have been informed which points out the course to be
pursued in England in the case of the demise of the Crown, subsequent to the
dissolution or expiration of Parliament, and before the return day of the writs
of summons.
There, the old Parliament would meet; but this too is a local law useless
to us.
Recurring then, to the general rule, let us first see whether even that extends
to us in the Colonies, and next, whether it is applicable to our case.
Every body knows that the common Law of England, as a body, is not in
force here; but it may be said that so much of it as relates to Parliamentary
institutions may be applied here, by analogy.
This is controverted on very high authority, but, admitting it, it may be
doubted whether the analogy holds, whether the reason given for the dissolution
of the English Parliament, on the demise of the Crown, exists in the Colonies;
that reason (as stated in Sir Henry Vane's case) is that the Parliament is called
to consult with the person of the King who calls it.
But here, though the form of the writ imports that our Parliament is called
to consult with the King, the sense and the meaning of the thing, and the real
truth is, that they are called to meet the person administering the Government,
who by the Stat, of Anne is, and for six months will be as much the Representative of Geo: IV. as he was of the deceased monarch. Shall the letter of the
writ be adhered to, rather than the reason and sense of it, Qui haeret in litem
haeret in corlice, says my Lord Coke.
And if the English Parliament had considered this Common Law principle
to extend to the Colonies, must they not have seen that it might there produce
the same evils as in England, (nay worse, because the remedy would not be at
hand) and would they not have provided against it in the act of Anne, in which
they evidently did not lose sight of the effects that the demise of the Crown
might produce in the Colonies, and deemed it sufficient to provide that the
Commissions of the Governors should be in force for six months after such an
event. Is it not a forcible conclusion that they meant that all acts done under
those commissions should be valid also.
But even if the Common Law principle extends to the Colonies, does it
apply to the case existing here. 38 PUBLIC ARCHIVES
The assembly is dissolved by an officer holding a Commission, which gives
him the authority to do so. The rule of Law is, that all acts done under a
Commission, before notice of its revocation and determination are valid; this
is a rule of common sense also, and therefore found equally binding in the
French Law. Take the Governor in the light of a mandatory. "Quoique le
mandat s'éteigne par la mort du mandant, néanmoins si le mandataire ignorant
la mort du mandant avait, de bonne foi, fait l'affaire, les successeurs du mandant
seroient obligés de ratifier ce qu'il a fait.—Poth: cont: de mandat.    106.
Again.   "Pour que la révocation du mandat éteigne le mandat il faut que
l'acte portant révocation, ou les faits qui la font présumer, soient parvenus, ômË
puissent être censés parvenus à la connoissance du mandataire.—Poth:   121.
These quotations only apply as raison écrites but the English Law is in point
and more applicable.
Under a Commission to examine witnesses the Commissioners began the
examination the day after the King's demise, but before notice of it; the proceedings before notice were held to be good.
Cro: Car: 97.
An attachment sued out in the time of Charles II. and executed at Exeter
three days after his death, but before notice was good.
1. Fern: 400.
Many other similar cases might be cited.
From these however we may safely draw the conclusion, that the proceedings of the Governor in the due execution of his Commission, before notice of its
determination by the King's demise, would even before the Acts of William and
Anne have been valid.
How much stronger is the argument made by the passing of these Acts.
The same reasoning will apply to the proceedings of the Returning Officers.
If the act of dissolution and summoning a new Parliament, was valid, their
appointments must be equally so; and on the principle that has been stated,
their proceedings, until notice given of the determination of their powers, will
be valid.
What notice will be sufficient? are we to be governed by a paragraph in an
American newspaper, or in any newspaper. Here too the law furnishes a guide;
a Commission is given to Judges of assize, and afterwards the King makes other
Judges of assize; those first appointed are superseded on notice of the second
Commission, but they are not bound to take notice of a Proclamation thereof
in the country, because the law has not provided that such Proclamation should
be made.—Bac: Abr: 99.
We may infer therefore that until notification of the King's death, published in a legal and formal manner—in a manner such "as the law provides;"
the proceedings of the Returning Officers and all other proceedings in the King's
name, are valid.
Much more might be said to prove the validity and legality of the late
Elections; but perhaps I have already spent useless labour in proving what to
some may seem to need no proof, the principle of the Common Law that the
King's demise disolves the Parliament, does not apply to the present case. REPORT FOR THE YEAR 1988 39
Much more, and more valuable reasoning on this subject may be found in
Chalmers's opinion of Eminent Lawyers on points of Colonial Law, vol. 1, p. 238,
246, 312, &c. where the sentiments of men, evidently of no mean ability, are
given on points nearly similar to that now under discussion.
I am Sir,
Yours &c.
AN ELECTOR.
Quebec, 22nd March, 1820.
Formal Dissolution.1
Legislative Council
Monday, 24th April, 1820.
This day, at 3. o'clock, His Excellency the Administrator of the Province came
down in state to the Legislative Council Chamber, and being seated on the
Throne, the Gentleman Usher of the Black Rod was sent to command the
attendance of the Assembly, which being come up, His Excellency was pleased
to address both Houses as follows.
Gentlemen of the Legislative Council,
And
Gentlemen of the House of Assembly,
I am under the painful necessity of declaring to you, that it hath pleased
Almighty God to call to his Mercy, our late Sovereign Lord King George the
Third, of blessed Memory, by whose decease the Imperial Crown of the United
Kingdom of Great Britain and Ireland is solely and rightfully come to the
High and Mighty Prince George, Prince of Wales, who is thus become our only
lawful & rightful Liege Lord George the Fourth, by the Grace of God, King
of the United Kingdom of Great Britain and Ireland, Defender of the Faith.
And then the Honorable the Speaker of the Legislative Council said
i Gentlemen of the Legislative Council.
And
■ Gentlemen of the House of Assembly,
" I am Commanded by His Excellency the Administrator of the Government of this Province, to declare that as it hath pleased Almighty God to call
to His Mercy our late Sovereign Lord King George the Third, of blessed
Memory, this present Provincial Parliament by his Decease, and by His Excellency's public notice and Proclamation thereof, is dissolved—and this Provincial
Parliament is hereby declared to be, and is dissolved from henceforth accordingly." 40 PUBLIC ARCHIVES
Minutes op Executive Council, Upper Canada, 2 June 1820.1
At a Council holden at York this day—His Honor the Administrator, was
pleased to observe, that the period for the legal existence of the late Parliament
expired on the 1st of June: and Suggested the propriety of Summoning a New
Parliament, to Meet the twenty fourth of July next, without reference, to the
Manner in which the last Parliament expired, whether by the Dissolution of
his late Majesty George the Third, or by limitation for its existence, enacted by
the 31st—George the 3rd
EXPENDITURE OF MONEY, LOWER CANADA.
Report of Executive Council, on Provincial Revenue and   I
Expenditure, Lower Canada, 16 June 1820.2
May it please Your Lordship
By reference to the 2a May the Committee of the whole of
His Majesty's Executive Council was directed to take into considéra^»
tion The actual State of the Province in consequence of the want of
an adequate Parliamentary Provision for the Expenses which His
Majesty's Provincial Government may be called upon to pay to the
Officers of His Majesty's Government and for other purposes and to
Report particularly upon the following Questions Viz*.
1st What are the Charges against His Majesty's Government in the
Ordinary and extraordinary Expenditure of the Province which it will
be right for your Excellency to pay, and 2a. out of what Funds such
Payments ought to be taken.
In obedience to this Reference the Committee have proceeded to
the Consideration of the various and important Objects to which it
relates and the result of their deliberations they have now the honour
of submitting to your Excellency.
The Revenues of this Province are of three Descriptions and
proceed.
1st  From the Laws in force at the Period of the Conquest
2d  From Acts of the Imperial Parliament
3d  From Acts of the Provincial Parliament.
The Expenditures of the Provincial Government are of two
Descriptions
1st  Salaries which are the Sums paid to those who execute the Duties
of the several Offices of the Government
2d  Expenses which are Sums paid for other purposes.
1 Upper Canada, State Booh G., pp. 108-Ob-
2 This report expresses the considered opinion of the Executive on the financial question,
and is referred to, time and again, during the ensuing years as the guiding principle of executive""
action.    The appendices are too  voluminous to print here.    Lower  Canada,  State Book JMÈ REPORT FOR THE YEAR 1938
41
The Offices of the Government are of three Classes—
1st Offices constituted by the Legislature.
2d  Offices constituted by the Executive Government, and recognized
by some Act of the Legislature
3d  Offices constituted by the Executive Government and not recognized by any Act of the Legislature
The Expenses of the Government are of two Classes Viz*
Ordinary and Extraordinary.
The Ordinary Expenses are those which are incurred incidentally
and of necessity in the Execution of the permanent Offices of the
Government and in other Matters of permanent establishment.
The Extraordinary Expenses are those which in like manner are
incurred incidentally and of necessity but in other respects do not
fall within the Description of Ordinary Expenses.
It is the opinion of the Committee
That the entire nett Revenues of the Province (The expense of
collecting keeping and paying, being first deducted from the gross
Amount (See Appendix A) stand pledged to the payment of the
Salaries due to the persons who have executed Offices of the first
and second Class being permanent, and of the Expenses properly
incurred in the Execution of such Offices either by positive Appropriation or by virtual and implied Appropriation.
That to the payment of the Salaries due to the persons who have
executed Offices of the first and second Class which are not permanent
but temporary, and of the Expenses properly incured in the Execution
of such Offices either by positive Appropriation or by virtual and
implied Appropriation.
That to the payment of the Salaries due to the Persons who have
executed Offices of the first and second class which are not permanent
but temporary, and of the Expenses incurred in the Execution of
Offices of this Description the entire Revenues of the Province are
not pledged and that the Salaries and Expenses of such Offices must
be paid from the positive Appropriations of the Legislature to such
purposes, and,
That to the payment of the Salaries due to the Persons who have
executed Offices of the Third Class and of the Expenses incurred in
the Execution of Offices of this Description The Revenues of the
Province are not pledged, And that the Salaries and Expenses of such
Offices must be paid from the Military Chest or from the Funds
raised in this Province by virtue of the British Acts of Trade and
annually remitted to England by the Collector of the Customs of the
Port of Quebec.
With respect to other Expenses ordinary and extraordinary not
comprehended within the preceding classes of Expenditure (Vide
Appendix C.) a determination of the Question whether they respec- «aseof
Campbell
and Hall
Cowper's
Tteports
P. 204.
PUBLIC ARCHIVES
tively do or do not proceed from an Act of the Legislature or from
an Act of the Executive Government recognized by the Legislature
will determine the Fund from whence payment is to be made.
The Committee having applied the principles above stated to the
several Expenditures of the Government have classed them in fou|
Statements vide Appendix D Nos 1.2.3.4) which are hereunto annexed
and they beg leave to refer to them and to the other Papers composing
the Appendix as part of their Report. They specify the description |
of each expenditure and the fund from which in the opinion of th§ :
Committee the Amount ought to be taken.
In explanation of these Statements and of the principles upoitl
which they are founded the Committee feel it proper to advert briefly
to some circumstances which are peculiar to this Province.
Canada became a dependent Province of the Crown of the BritisKj
Empire by Conquest.— By the effect of the Conquest the King became
the sole Legislator of the Colony with the Power of taxing thèt.
Colonists by his sole Authority (a)
This was the state of Canada until the year 1774 and during
this Period many offices were created by the Crown and Salaries
affixed to them by the same power.
In 1774 The King permitted the two Houses of the Imperial
Parliament to participate in his Right of Legislating for Canada—
And by the Statute 14th Geo. Ill C. 83 a Local Legislature wast?
established in the Province consisting of a Council appointed by the
Crown whose Legislative Powers were exercised with the King— The
Limits of the Territory subject to this Jurisdiction were designated byj|
the Statute and declared to.be the Province of Quebec.
This was the State of the Colony from 1774 to 1791, during
which Period other Offices but few in Number were created by thef
Crown, and Salaries affixed to them by the same power and of these
nearly all were recognized by Legislative Acts of the Council off
Quebec—
In 1791 upon the Petition of his Canadian Subjects His Majesty
was graciously pleased to permit the People of the Province of Quebec
to participate with a Legislative Council in his Right of Legislating
by Representatives of their own choosing,— Of whose Jurisdiction the.
Limits were as before designated and the Territory which they!
included was declared to be the Province of Lower Canada
This has been the State of the Colony from 1791 to the present
day during which period but few new Offices have been created andf
these are principally the Offices appertaining to the Provincial
Parliament.
Upon the Commencement of the present Constitution a Message!
was sent to the Legislative Council and Assembly requiring an Aid!
for the support of His Majesty's Provincial Government but intimating than [sic] an Aid equal to the Amount of the whole Expenditure was not then expected.   And with intent that the two Houses! REPORT FOR THE YEAR 1938 43
might officially have knowledge of the Offices which have been constituted and were then established and for which in Salaries and Contingent Expenses The Aid was asked a List of the whole Accompanied
the Message.
In consequence of these proceedings new Duties were imposed
by the Provincial Statute 35 Geo. Ill Cap. 9th and by the same Act
£5000. Sterling were appropriated towards defraying the Expense of
the Administration of Justice and of the support of the Civil Government in this Province generally, _s it then stood—
To The Message by which the first Aid was required and to
which Reference hast just now been made The Legislative Council
returned the Thanks of that House and assured the Governor in
Chief (Lord Dorchester) That the Legislative Council would ever be
ready to give their concurrence to the raising of all such Aids as the
Public Exigency might require for the due support of His Majesty's
Government in this Province."
And in the year 1810. By Addresses to the King to the Lords
and Commons of the Imperial Parliament and to the then Governor
in Chief Sir James Craig, The Assembly unconditionally offered
(a) " To pay the Civil Expenditure " And " to defray all the Civil
Expenses of the Administration of the Government of the Province."
The Offer made by the Assembly in 1810, In which the Legislative Council had previously by their Answer to Lord Dorchester's
Message in the year 1794, assured their concurrence, was accepted
by His Majesty in 1818 and his Acceptance thereof was formally
announced to both Houses of the Provincial Parliament by His
Excellency Sir John Coape Sherbrooke in his speech from the Throne
on the 7th of January.
The Sum required for that year (£40,263.8.9) was asked to
defray the Expenses of the Civil Government as it then stood, and
this sum by the Address of the Assembly of the 26th of March 1818
and the Provincial Statute 59th Geo. III. C. 25 was paid from the
Funds of the Province without Diminution of any kind.
From the Facts stated the following Inferences are drawn by the
Committee.
1st That all Offices created antecedent to the passing of the
Quebec Act 14th Geo. Ill Cap. 83 were created by the Crown and
recognized by the Legislature His Majesty being until that Period
not only the Sovereign in Executive Power, but the sole Legislator
of the Province.
2d That the Election of Members to serve in Assembly, The
Appointment of Members to constitute the Legislative Council in
the year 1792, and the cooperation of both in enacting the Statutes
passed in the first Session of the Provincial Parliament, was a formal
acceptance on the part of all the people of this Province of the Constitution established by the Imperial Statute 31st Geo. III. Cap. 31,
And (that Statute having reference to the Government of the Province in future only) was an entry by the Legislature on the behalf of PUBLIC ARCHIVES
the People of this Province, into the Rights which it gave, without|
Change of any kind in the Executive Government and consequently!;
a Legislative Recognition of the Offices which constituted the Execu-?'
tive Government at that Period.
That the above Legislative Recognition was confirmed by the
address of the Legislative Council in Answer to the Message of Lord
Dorchester in the year 1794. By the Provincial Statute 35th Geoi
III. Cap. 9. By the Addresses of the Assembly in the year 1810-£
And ultimately renewed and confirmed t>y the Provincial Statutoï
59th Geo. Ill Cap. 25.—
That the Address of the Legislative Council in answer to the
Message of Lord Dorchester in the year 1794 The Addresses of the
Assembly to the King to the Lords and Commons of the Imperial
Parliament and to Sir James Craig in the year 1810 and the acceptation of the Engagements therein contained by the Crown in the year
1818 constituted a Contract between the People of this Province and
the Crown By which the Assembly having undertaken Voluntarily
and consequently being bound to pay all the Civil Expenses of the
Administration of the Government, And the Legislative Council
having undertaken and consequently being bound to give their concurrence to the raising of all such Aids as the Public Exigency may
require for the due support of his Majesty's Government have with,
the consent of the Crown pledged the Revenues of the Province for
the Payment of the Salaries and Expenses of all Offices which the
Legislature having either created or recognized—And thus virtually
and impliedly appropriated to these purposes all such portions of the
Provincial Revenue as are not already especially appropriated to
others
The Disposition of the Assembly to diminish the influence of the
Crown and to engross power of every kind of which we have too
much experience renders it probable that that House may be induced
to recede from this unconditional contract to pay all the Civil
Expenses of the Government and as there is no tribunal to which a
recourse may be had to compel the performance of it. It will remain
with his Majesty's Government to enforce it by withholding the
Royal Assent to every and any appropriation of the unappropriated
Revenue which may be proposed until so much shall be appropriated
as shall be sufficient to satisfy the Privileged Claim of His Majesty
which has been stated and to which under the peculiar Circumstances
of the Case He has an unquestionable Right in preference to all
others.
All which is nevertheless humbly and respectfully submitted.
16th June 1820—
By order.
Signed
J. SEWELL
Chairman REPORT FOR THE YEAR 1988 45
LOWER CANADA, CIVIL LIST, 1820
Bathurst to Dalhousie1
Downing Street
11 September 1820.
j Private and
Confidential
My Dear Lord,
In my despatch of this days date I have shortly stated for your
instruction and guidance the principles upon which I consider it
necessary that your conduct towards the House of Assembly should
be regulated.
But wishing to call your attention to the subject rather more in
detail than falls within the strict limits of an Official Dispatch I
trouble you with this private communication.
The question for Your Lordship to decide, is, whether the Funds
which the Crown can appropriate without the assistance of the Legislature are adequate to carry on the Government. By the amount with
which The Duke of Richmond furnished me in his private letter of
the 18th May 1819,2 it appeared that the existing expences of the
Government or in other words the Civil List was about £40,000 per
annum and that the Revenue of which the Crown had the disposal,
independent of the Legislature amounted to about £23,000, leaving
an unprovided surplus of about £17,000.
To make up this sum, you may consider yourself at liberty to
issue to the extent of £12,000 from the Army Extraordinaries, that
being the calculated amount of the Revenue of Customs and Post
offices which is raised in the Colony and remitted to this Country, and
which it appears just, in a moment of emergency to apply to the
necessities of the Province. With respect to the remaining £5,000 I
should hope, that Your Lordship would have no difficulty in reducing
the expenditure of the Civil list by that amount. The success of the
struggle with the House of Assembly depends entirely on being able
to defray the expences of Government without their assistance, and
nothing therefore must during that struggle be paid out of the Civil
List, but what is essentially necessary. I shall, under these circumstances certainly consider you perfectly justified in deferring to pay
The Lieutenant Governors Salary, and any other which may stand
under similar circumstances. The Salaries of The Catholic Clergy
might, perhaps, be also postponed, though in doing this much delicacy
must be used, and care taken to convince them, and I know no better
course than by confidential communication with The Bishop, that it
is only the necessity of the moment which leads to the postponement
of their acknowledged claims.   Care also must be taken, that when-
2 In thisTetter the Duke of Richmond gave a detailed account of revenue and expenditure.
He declared that the revenue was sufficient for the necessary expenses and proposed measures
for making the Executive independent of the Legislature.   Q. 152, pp. 169-200. PUBLIC ARCHIVES
ever the Assembly meet, the first business submitted to them should"
always be the vote of a sum of money "to make good the déficiences
of the Civil List " and their immediate prorogation be the consequence
of their noncompliance.
The Duke of Richmond had looked to this Bill to be passed by
the Imperial Parliament for regulating the Trade of the Canadas, as
a measure calculated to increase the Revenue of the Crown: But
drawn as the Bill is, I confess, that it does not appear to me calculated!
to effect this object, nor indeed, am I aware how any Bill could bel"
so made to operate effectually, without alarming the jealousy of the:
Colony, and virtually violating the Pledge given by Parliament in
1778. It was indeed my intention to have submitted the Bill to Parliament during the last Session, but as it had undergone some alterations, and I entertained legal doubts as to the propriety of the
Penalties which it imposes upon parties who transgress the Provisions,
I preferred postponing it until it should have undergone your consid-i
eration.   A copy of it is now transmitted to you for that purpose.
I am not aware that it is necessary for me to trouble Your Lordship at any greater length. If it be possible to carry on the Government for a few years, without the aid of the Assembly it will give the
best chance of the abandonment on their part, of the principles on
which they have latterly acted. And as Your Lordship will agree
with me, that if this be not possible the only course to be pursued is
one of compromise, I am confident you will use every effort in your
power, so to husband your means, as to avoid this latter alternative.
You will observe, that I have proceeded throughout, on the supposition that the Assembly would not vote the Civil List of the Province.
I have certainly no hopes of their doing so, but you will not, I am
sure, understand me, as in any wise implying that the application
is not therefore to be made to them in the manner which you may
consider best calculated to ensure it a successful reception.
Believe me
My dear Lord
Yours most faithfully
(Signed)      BATHURST
L* General
The Earl op Dalhousie G C B
&c       &c       &c
Reply op Assembly, Lower Canada 19 December, 1820.x
When the Accounts of the General Expenditure in the administration of the-
Government, during the last two years, are laid before us, according to Your
Excellency's directions, they shall have our earliest and serious attention: and
we shall also take into that respectful consideration which is due to every
communication on the part of His Majesty's Government, the Accounts which
1 Journals of Assembly, Lower Canada, 1820, p. bS. REPORT FOR THE YEAR 1983
Your Excellency is pleased to say that he will lay before us, of the ]
annually incurred in payment of the Salaries of Civil Offices permanently
established for the honour and support of His Majesty's Government in this
Province, including such occasional payments as are unavoidable under it.
We should, however, hold ourselves to be wanting in that sincerity which
is due to the frankness of Your Excellency's character, in that duty and respect
which we owe to our Sovereign, by whose command Your Excellency has submitted the proposal of an additional and permanent appropriation, which, with
that already made, would exceed half the usual amount of the whole Provincial
Revenue, were we not, even in this early stage of the proceeding, most humbly
to represent., that the declared sense of our constituents, the duty which we
owe to our posterity, and to that constitution of government which the wisdom
and beneficence of the mother country has conferred upon this Province, together
with the variable and uncertain future amount of that Revenue, which, as well
as our resources, depend on a trade at this moment peculiarly uncertain, will
preclude us from making any other than an annual appropriation for the
general expenditure of the Province, conformably to the recommendations of
His Majesty's Government, as signified to the Parliament of this Province by
His Excellency Sir John Coape Sherbrooke, late Governor in Chief, in his
Speech delivered from the Throne at the opening of the Session, on the seventh
January, one thousand eight hundred and eighteen.
We pray that Your Excellency will accept our humble assurance of the
unalterable disposition of this House to vote annually, in a constitutional
manner, according to that recommendation, and to the solemn offer of the
Assembly in the year one thousand eight hundred and ten, all the necessary
expenses of His Majesty's Civil Government in this Colony, in the honourable
and permanent support of which none are more deeply and sincerely interested
than His Majesty's loyal subjects whom we have the honour to represent, or
more anxious to merit the continuance of the confidence which His Majesty
is graciously pleased to express of our loyalty and duty.
SPEAKER OF ASSEMBLY CALLED TO THE EXECUTIVE COUNCIL.*
28 December, 1820.
His Excellency at the same time informed the Board, That " deeming it a
Measure that will tend to promote the best Interests of this Province he had
resolved to call the Honorable Speaker of the House of Assembly to a seat at
the Board of His Majesty's Executive Council—at the same time His Excellency
was pleased to state, that in recommending this Measure for His Majesty's
approbation, it was his Intention to solicit a special Mandamus for the Speaker
Ex officio and that he wished his Reasons for this Measure to be recorded in
Council and communicated in the proper manner to the Speaker"—
| His Excellency observed, First, that he thinks it a Distinction due to the
Person who is chosen and declared the first Commoner in this Province."
Secondly, " That he thinks His Majestys Representative thereby has the Right
to consult and advise with the Speaker officially on public Measures" Thirdly,
"That he thinks it right that the Speaker ought to have the advantage of
1 State Booh J., pp. lbS-lbb- 48 PUBLIC ARCHIVES
knowing the Sentiments of His Majesty's Representative on Public Measures,
and that cannot be in any other way so fully obtained as in the Character of a
Privy Councillor of the Governor."
His Excellency further informed the Board, "That in the same view it was
his Intention to recommend to His Majestys Government that the Civil Secretary of the Government [sic] in whom also is to be joined the Duties of Provincial Secretary, should have a seat in the Executive Council Ex officio, and
that in virtue of the Powers vested in him he desired that these Gentlemen
should be called to the Board until the Pleasure of His Majesty shall be
known."1
RELATIONS OF LIEUTENANT GOVERNORS AND GOVERNOR IN CHIEF
Maitland to Bathurst.2
York, Upper Canada
December 15th 1820
My Lord,
Circumstances have hastened the necessity which I have long
foreseen, of an appeal to His Majesty's Government, for more explicit
Instructions as to the civil relation of the person administering the
Government of this Province with the Governor in Chief, when residing in Lower Canada.
The immediate cause for this appeal, arises out of the Military
Settlement in this Province, formed since the late War by Reduced
Troops and European Emigrants furnished with provisions and tools
of husbandry by the Quarter Master General's Department; and
therefore, by an Act of this Government with Your Lordships concurrence subjected to the Supervision of The Commander of the
Forces.
When honored by His Majesty with the civil Command in Chief
of this Province as Lieutenant Governor, I considered the appointment as distinct from the Government of Lower Canada, responsible
to His Majesty's Government, only, and in direct communication
with it.
The Earl of Dalhousie's declaration at parting with the Legislature of Nova Scotia; when He removed to Quebec, afforded the first
intimation of a direct active superintendence over the Province in
His absence, and was the only hint of such a power except a recent
appeal from the Legislature of Prince Edward Island.3
i-This experiment was not a success, and on 6 January, 1823, the Governor notified the
Council that "Mr. Papineau being no longer in that public situation cannot now be considered
as a member of the Council."   The Council record continues:
"His Excellency further informed the Board that as the advantages he had expected to
result from the presence of the Speaker in the Executive Council bave not been realized, it is
not his intention to persevere in the Measure of calling the Speaker to a Seat in the Executive
Council."   Ibid., p. b00.
2 Q. 328, pp. 185-197.   See bel.
8 A quarrel having
Edward Island, appeal v
29, 1819, Richmond trai
Q. 152, pp. 70-97.
r PP.
.—  between  the  Lieutenant-Governor   and  Legislature  of  Prince
made to the Governor General, the Duke of Richmond.   On March
tted the papers to Lord Bathurst without expressing an opinion, REPORT FOR THE YEAR 1933 49
A request from Lord Dalhousie through the Deputy Quarter
Master General to add certain persons to the magistracy of the
District in which the Military Settlement is situated was unhesitatingly complied with, and direction given to the Crown Officer to
insert their names in a new Commission of the Peace.
Before it could conveniently issue the short delay was noticed
in a Communication from the Deputy Quarter Master General;
which perhaps would not have appeared so exceptionable had I not
received intimation-of Lord Dalhousie's design to organize a body of
armed Civilians in the Province which had it been sanctioned by the
Militia Laws would have been a direct assumption of the Civil
Government.
I merely' suggested to His Excellency the possibility that His
purpose might be obtained without so strong a measure a suggestion
prompted by considerations so obvious, that I thought it unnecessary
to do more than hint them to His Excellency— I trust they appeared
satisfactory, as I received no further communication on the subject.
When the Commission for the Magistrates was re-urged by the
Deputy Quarter Master General I was induced to address His Excellency.
I am not aware of habitually laying an undue stress upon
Punctilio but I am not ignorant that to a certain point Form and
Ceremony are necessary to uphold the order of Society— I was
constrained to notice that the usual decorum was not observed in the
communications from The Commander of the Forces to me as Civil
Commander in Chief of this Province an innovation which after
consideration His Excellency seems resolved to adhere to.
I owed something to myself; much to the situation I have the
honor to hold; I was fearful to excite dissention, and averse to
commit the Rights of others— I adopted a middle course I communicated my doubts to Lord Dalhousie, and begged that His Excellency would condescend to explain the true light in which I was to
consider the repeated communications of Colonel Cockburn as Deputy
Quarter Master General upon a subject connected with the Civil
Administration of this Province.
His Excellency's explanations which are voluntary extended to
His views of general control, are communicated in a Letter, which
though I am entirely satisfied there is no part of it that His Excellency could wish should be withheld from the eye of Your Lordship;
I am not at liberty to treat as official but He has been made aware
that I consider myself obliged to state hypothetically certain positions
that I may receive thereon the Instructions of His Majesty's Government.
In this situation I feel how much I shall need Your Lordship's
indulgence for unless credit be given to me for having other grounds
for proceeding besides those which it is in my power at present to
exhibit I shall hardly appear justified in entreating Your Lordship's
71736-4 PUBLIC ARCHIVES
instructions for my guidance on the unsupported suppositions That 1
His Excellency may open His Commission in the Spring and take
the Oaths as Governor in this Province— That I may in the mean- \
time be questioned on such subjects of my administration as His Excellency may think proper to enquire into— That His Excellency may
expect that His suggestions with respect to the Government of this
Province shall be entertained with a ready compliance claimed from"
the obligation of Duty rather than looked for from a concurrence of
Judgment— And yet I cannot conceal from myself, nor will my
duty permit me to conceal from Your Lordship, my conviction that
unless what I now submit meets the early consideration of His
Majesty's Government I shall be called upon to decide without the
aid of Your Lordships instructions upon these important points on
which I can find none—
The Commission, or Warrant of Lieutenant Governor evidently
supposes the non residence of a Governor in Chief. The Lieutenant
appears to have no instructions but to exercise the powers of the
Governor's Commission in His absence. Yet I cannot think that the
Governor's presence on a visit to the Provinces should interrupt the
exercise of the Lieutenant Governor's functions, unless indeed mis^
conduct justified his removal—
It is most certain that if at pleasure The Governor in Chief
supersedes the Lieutenant as Civil Commander in Chief, a measure
so unprecedented will be accounted for only in that way; and no
palliation of the measure will restore that confidence and respect
so essentially necessary to the person who is to preside over a jealous
and turbulent Legislature. The very surmise that such a power intervenes between His Majesty's Lieutenant Governors and His Majesty's
Government will shake the foundations of every system founded on
local and personal experience—
When I assumed the administration of this Government I found
the Province in a state of approaching Anarchy which it required
strong measures to prevent they were instantly adopted, and without
the use of force success attended the suitable application of legal
Powers—
It were unreasonable, however, to suppose, that a bad leaven so
generally diffused as to raise a Convention from all parts of the
Province sitting in the Capital, and dictating to the Legislature, could
already so entirely have subsided as to leave no remains ! There still
my Lord exists a certain degree of ferment in the minds of the disappointed which wants only opportunity to spread again through the
mass of the Population—
No means can be devised so likely to produce this effect, as the
unprecedented measure of a Governor in Chief taking the Oath of
Office in this Province without a view to permanent residence.
It may not be known to His Excellency that by such a step He
actually assumes the direct administration of the Government, which
during His residence must be administered in His name— REPORT FOR THE YEAR 1988 51
The proclamation of His Style, indispensable on such an event,
will be the signal to all who have supposed Grievances— This effect
and the embarrassment it produces, I have already experienced; as
His Excellency has received in this Province and recommended applications the prayer of which, though His Excellency was not aware of
it, the people of this Country must have known, I had it not in my
power to comply with; and on the subject of which I had ceased to
be harassed with fruitless applications.
The Grant of the Waste Lands of the Crown in the dispensation
of an Angel would be the fruitful source of imaginary Grievance.
At the period of my Arrival the tide of Emigration from the
United Kingdom was rapid, there was no Land surveyed for the
accommodation of Settlers nor was there any fund to pay for Surveys
without calling upon the Treasury of the Nation I adopted means to
procure Surveys without disbursement;—
A great proportion of the new Population was indigent, and
unable to pay the moderate fee on the Patent— to such, I made the
Grant gratuitous; and raised the charge on the Patent to those who
could afford it, in order to compensate the Service of the Patent
Officers and to meet other Contingencies.
I destined particular tracts to be sold to provide a future Asylum
for the Regulars and Militia Forces in the Province—
■ I have rigidly insisted on the performance of the Settling duties—
An equitable amendment which I procured in the Assessment
Law, leaves it no longer at the option of great Landholders not
resident on their property, to evade its Provisions—
In conformity to the Policy and indeed to the absolute commands
of His Majesty's Government I have resisted all solicitation to
encroach on the Crown Reserves.
These things, equitable in themselves, and obviously beneficial
to the Province at large, were offensive to many,—and are not the
less so because it is now supposed they are not all approved of by
the present Governor in Chief.
Every measure projected has been communicated to Your Lordship and with ready and cheerful submission in the slightest disapprobation of His Majesty's Government received but unless so
restrained, I hope that I am not to be overruled by the Commands
or the requests equivalent to Commands, of The Governor in Chief,
whilst He administers the Government of another Colony; or places
Himself in a situation to exercise a temporary control in this, without
a view to permanent residence—
The conviction that such an interference on the part of the
Governor in Chief, if it could be constitutionally exercised, must
inevitably neutralize the power of the Lieutenant Governors of this
Province to serve His Majesty efficiently, seems to have been so
universal; that the administration of the Government by all my
Predecessors affords no one instance of a contrary understanding— PUBLIC ARCHIVES
This uniform concurrence of Practice proves that I am adopting nof
new principle in holding myself exclusively and directly responsible^;
in my situation of Lieutenant Governor to His Majesty's Ministers—I
I dare not acquiesce without question in an innovation which1|
would place my Successors on a ground altogether new— I think
Your Lordship would not approve of my doing so. It is my misfortune that after so many administrations the necessity of thisî
discussion should first be thrown upon me: but now that it has
arisen, the perplexity it occasions me makes it clearly my duty not
to leave so important a question to embarrass my Successors.
At the same time I entreat Your Lordship to believe, what I
trust The Earl of Dalhousie feels equally with myself, that I should
have been found as unwilling as any of my predecessors to differ?
from the Governor in Chief, upon any point that had been sanctioned';
by usage; or that was not of too great importance to have been
conceded from mere facility—
I cannot help repeating my extreme reluctance and regret at being
obliged to call Your Lordship's attention to this subject but I fear
I shall soon be compelled to decide whether, if my idea of the Civil'
Administration of this Province shall unhappily differ from His
Excellency's; His discretion or mine is to govern— An importante
question, which no doubt might be set at rest, with least inconvenience
in it's present stage—
The necessity of conveying to me immediate Instructions upon
the questions I have stated may better appear to Your Lordship, by
my declaring explicitly what I shall conceive it my duty to do if the
decision be thrown upon me, while I remain without them—
If His Excellency The Governor in Chief should come into this
Province and take the Oaths of Office— I shall consider the powers
given to me by my Warrant necessarily suspended by the very terms -
of it, during His presence: and that all Acts of this Government must
during that time be performed in His Name—
Conceiving that this willing exercise of courtesy on a point on
which there are no Instructions, cannot be disapproved of by Your
Lordship, I will continue to communicate freely to His Excellency on
the affairs and interests of this Province; so long as His enquiries do
not appear in any degree to proceed from a supposed right to question
me as to the Policy or System of my Government; or to call me to
an account which I acknowledge myself to owe only to His Majesty-^
__ His Excellency's suggestions of any measures to be adopted by
me as Lieutenant Governor of this Province shall as suggestions be
respectfuly received, but must be acceded to, or rejected, only as I
may concur in their wisdom and experience: And I shall consider
that my reasons for not adopting them, can only be demanded by
His Majesty's Government. REPORT FOR THE YEAR 1983 53
Lastly should His Excellency in any new instance receive
petitions from persons within my Government and claim my attention
to the prayer of them; I shall confine myself, to transmitting them
with my decisions to His Majesty's Government.
I have the Honor to be
My Lord
Your Lordship's
most obedient
Humble Servant
P. MAITLAND
P.S.
Since writing my dispatch, among other communications in my
office, from The Governors in Chief, all clearly confirming me in the
conviction, that no idea of a direct control or Superintendance over
the Government of this Province has been ever before expressed by
any Governor in Chief to any of my Predecessors, I have found a
Letter from Lt. General Prescott /then Governor in Chief/ to Mr
President Russell, at that time only temporary Administrator of the
Government of this Province: in which, the idea, indeed the power,
of directing in any matter relative to it's Civil Government is disavowed by The Governor in Chief, almost in the very terms in which,
before I had seen that Letter, I had expressed my own sense of the
existing relation between the two Governments—1
Dalhousie to Bathurst2
Quebec 18th January 1821.
My Lord.
The want of information or regular Official Communication
between the Lieutenant-Governors of His Majesty's North American
Provinces and the Governor in Chief, has led me to address a Circular
letter to those Officers ; with the View of collecting in time, Documents
of Official Authority, by which to judge of the interests of the Provinces separately, and which are essentially necessary to the person
charged with the Command over all of them.
As it is possible that this step may give offence to some of those
Officers, I have thought it proper to send a Copy of my letter and
questions Contained in it for Your Lordship's information, and to
shew my motives in adopting the Measure.
I have the honor to be
My Lord
Your Lordship's
most obedient
Humble Servant
The Right Honb,e.                                            DALHOUSIE
The Earl Bathurst
K.G.
&c      &e      &c	
1 Prescott to Russell, 31 July, 1757, "The Actual administration of the Government of Upper
Canada being vested in you I can interfere in this matter no farther than by offering my advice
which you will adopt or not as your local knowledge and the c'
expedient.   Q. 828, p. 209.
2 Q. 157, p. 88.
ircumstances of the case render PUBLIC ARCHIVES
Correspondence with Lieutenant Governors, 18211
[16 January 1821]
With the intention of Commencing an enquiry into the state, and
general system of the Administration of Government in each of the
Provinces committed to my charge, & in which I do not actually reside
& govern, I hereby instruct The Civil See7, of the Governor in Chief,
to make the proper arrangement in his Office, for the conducting thillf
Correspondence as a separate & confidential branch of that office.
Governor in Chief
I address Your Excellency upon a Subject which I deem to be
essentially important in the proper discharge of the duties of the
Command to which H.M has been pleased to appoint me—but I must
in the first place assure Your Excellency, that the enquiries I shall
Bruns- make, are n°t intended to interfere in any the smallest degree with
that Local Administration which is vested by H.M. in you as
U Govr my enquiries are for information; & to enable me to communicate confidentially with you upon measures for the general
welfare and advantage of HM. North American Provinces—
On assuming the Authority entrusted to me, I found, that there
does not exist here, any official information to afford me a proper
Knowledge of the actual state of these Provinces severally—information which is, in my idea, highly desirable and even necessary, with
a view to unite the interests, facilitate the defence, and contribute
the resources of each to the protection & safety of all.
A concerted cooperation with the L* Governors of the Provincial
Governments would enable  me  to   combine  measures,  and  act  in
unison with their advice; on all occasions having the manifest advantage of a fore Knowledge of the wants, & of the means available.SH|
every point of this extensive Command—
With these sentiments I have transmitted certain questions upon
which I request Your Excelly will favour me with a full report
separately, as soon as may be convenient.
I have the honor
, What is the Amount of the Annual Revenue & Expenditure—
taken upon an Average of the last six years.
. In what state is The Militia, & what is the number enrolled
in each County.    What is the formation—& what is your
opinion of the Zeal & spirit   towards   this  most   important
system of national defence
Lower Canada Sundru REPORT FOR THE YEAR 1933 55
3. In what state are the great leading roads—which of them do
you consider fittest for the movement of troops—most important to be attended to—and what others have you in Contemplation to open for the advantage of the Province
5. Can you do me the favor to procure for me, to be deposited
in the Office of The Civil Secy of Government here, copies
of the Laws of the Province, and of the Journals of the
Legislature
4. What is the system adopted under H.M. instructions for the
granting of the waste lands of the Crown; & the expence of
obtaining a grant under the various classes that chiefly apply
for them—
»r Convey by letter to The L* Govr my hopes that he will bring
***'       under the consideration  of  the  Provincial  Parliament in its next
Session—the importance of a leading Communication thro' the new
Military townships from Richmond landing place on the Ottawa to
the village of Perth
As His Majestys Gov* has lately allowed of large Sums of
money being expended in aiding a settlement of that district; & as
every thing there is advancing with a progress far beyond the most
sanguine expectations I trust that The L* Govr will see the propriety of giving some effectual aid to the object originally contemplated an object which I conceive of the highest importance to the
Upper Province—
Convey by letter to The L* Govr my hopes that he will bring
îswick. Under the consideration of the Pro. Par. in its next session, the great
importance of improving the Grading line of communication from
Fredericton to the line of the Province this way, and assure him of
my Anxious desire to promote on my side a more easy intercourse
with N. Brunswick by every means in my power—
Reply of Maitland to Circular Letter.1
Government House
York U. Canada Jany 27th 1821
My Lord
I have the honor to acknowledge the receipt of Your Excellency's
Letter with an enclosure containing certain questions and I have to
assure Your Excellency that I shall answer those questions for Your
Excellency's information in as satisfactory a manner and at as early
a period as the duties of my Station will permit—
I have the honor to be
My Lord
Your Excellency's
Most obedient
Humble Servant
H.E P. MAITLAND
The Earl op Dalhousie G.C.B.
&c      &c      &c
1 Lower Canada Sundries, S 151, No. 76. PUBLIC ARCHIVES
Bathurst to Maitland.1
Major General
Sir P. Maitland
Sir,
Downing Street
9th Feby 1821
I have had the honor of receiving your Dispatch of the 15th
December, stating the apprehensions which you entertain that it]
may be necessary to refer to His Majesty's Government for explicit|
instructions as to the civil relations of the person administering the!
Government of Upper Canada with the Governor in Chief, both when-
residing in the Lower Province and in the event of his proceeding to]
and assuming the Administration of the Civil Government in the S
Upper Province. I am perfectly aware that the measure which was \
adopted in the year 1814 of placing the Military Settlers in the
Upper Province under the Supervision of the Commander of the!
Forces resident at Quebec, might, in some degree raise a doubt as to
t_e exclusive Civil Jurisdiction and Controul of the Lieutenant Governor of Upper Canada over all persons and proceedings within the
limits of that Province. These Settlers, however being mostly disbanded Soldiers were regarded more as a military than as a Civil
Body; and it was hoped that the advantage which has been found
to result from keeping up their Military habits and retaining them
for a limited time under the Controul and supervision of their
Officers, might be attained without giving any further occasion to the
Commander of the Forces to interfere with the Civil Government of
Upper Canada than he would have possessed had the same Individuals
been stationed there previous to their being disbanded. As the
Settlement advanced, it of course lost much of its Military Character,
and it is to this that I am disposed to impute the doubt which may
have arisen on a point on which otherwise the respective Commissions and Instructions of the Governor in Chief and of the Lieutenant
Governor of the North American Provinces seem to me to be sufficiently clear.
In compliance, however, with the wish which you have expressed
to receive a distinct instruction on the point, I have to inform you
that so long as the Governor in Chief is not resident within the Province of Upper Canada, and does not take the oaths of Office in
Upper Canada, he has no Controul whatever over any part of the
Civil Administration, nor are you bound to comply with his directions,
or to communicate with him on any Act of your Civil Government.
To His Majesty you are alone responsible for the Conduct of the
Civil Administration, nor can you be relieved of this responsibility
otherwise than by the residence of the Governor in Chief within wm
Province and by his there taking the Oaths and assuming to himself
the Administration, of which it will be his duty to give you proper
1Q. 887 A, pp. 8-11. REPORT FOR THE YEAR 1983 57
notice—In such case your functions as Lieutenant Governor will be
altogether suspended; and although you will continue to enjoy, so
long as you continue within the Province, all the Salary and Emoluments of your Situation of Lieutenant Governor, you will, until the
Governor in Chief quits the Province, be divested of all Civil
Authority—Upon his withdrawing from it, your Authority revives to
the same extent in which you possessed it previous to his assumption
of the Government. If the Governor in Chief does not take the
Oaths, and assume the Government of the Province, he cannot, tho'
resident therein, be considered as Civil Governor, but must be regarded, as his Predecessors have been when in the Upper Province,
under similar circumstances, merely in the capacity of Commander of
the Forces.
I am perfectly aware that much inconvenience might result if the
Power which the Governor in Chief possesses of assuming the Government of Upper Canada were to be frequently, or unnecessarily,
exercised; but I have, on the other hand, such reliance on Lord Dal-
housie's judgment, that I am confident his Lordship, who has been
himself Lieutenant Governor of one of the North American Provinces, now within his Government, and as such has had full means of
appreciating how important it is that the authority of a resident
Lieutenant Governor should not lightly be interfered with, will not,
without the strongest sense of public duty, avail himself of a Power
which might embarrass the System of your Government, and must
tend, more or less to diminish the weight of your authority in the
Province particularly confided to your Administration.
I have the honor to be &c
BATHURST.
Bathurst to Dalhousie.1
Lt. Genl. The Earl
of Dalhousie.
Downing Street
13th March 1821
My Lord,
I have had the Honor of receiving Your Lordship's dispatch
of the 18th January transmitting a Copy of a Circular which you
have addressed to the Lieutenant Governors of the several North
American Provinces for the purpose of collecting information on
some points on which Your Lordship considers it essentially necessary to be accurately informed—
I have so recently had occasion to make known to your Lordship the principles which regulate the relations of the Governor in
Chief of His Majesty's North American Possessions with the Lt.
Governors of the several Provinces in which he is not resident that PUBLIC ARCHIVES
it does not appear to me necessary to advert again to a subject upon |
which I should otherwise from some observations in your dispatch |
be induced to enter into explanations—   With respect to the par- 1
ticular enquiries contained in your circular letter I trust that the :
Lt. Governors will readily afford you all the information which you
required.   Much of it indeed, is essential to the due Administration
of your Military Command and having no reference to the Civil
Government of the several Provinces can be liable to no just exception—and although other of your enquiries relate to Subjects which
they may truly consider as exclusively pertaining to the Civil Government of Provinces over which Your Lordship while non-resident has
strictly speaking no control yet as Your Lordship has judiciously confined yourself to a request that the desired information should be
given to you and have expressed yourself in terms sufficiently guarded
with respect to the Lieutenant Governor's authority, I have every
reason to hope that the Circular letter may procure for Your Lordship the necessary information without giving cause to agitate the
question as to Your Lordships right of requiring it.
I have the Honor to be &c—
ACT TO INCREASE REPRESENTATION, UPPER CANADA,
1821.
GOULBURN  TO  MAITLAND.1
Downing Street
23d Jany 1821
Major
Lieut. General
Sir P. Maitland
Private
Sir,—Among the Acts for Upper Canada for the Year 1820 is
one Cap. 2 (for increasing the representation of the Commons &c)
the provisions of which appear to Lord Bathurst to require some explanation of the reasons on which they rest before submitting the
Act for His Majesty's Confirmation. It is with this view therefore
that I trouble you with these few lines. If the power of forming
Counties rested with the Crown it might give the Crown a power
of extending its influence in the House by subdividing particular
Counties into more than one—each having the requisite amount of
Population. If the power of forming Counties rests elsewhere, it
might produce a direct contrary effect; but in either Case the encrease
1 Q. 887 A, pp. s-b. REPORT FOR THE YEAR 1983 59
of the Representatives is a measure which may be wise or the contrary, according to Circumstances, and the unlimited encrease which
the Act seems to allow is certainly objectionable at first sight. Lord
Bathurst would therefore be much obliged to you to let him know
what were the reasons which led to the passing this Act, and what
the Evil, which it was proposed to remedy, as without this he does
not feel able to decide how far it may be proper that the Act should
be confirmed or disallowed.
Believe me to be &c
HENRY GOULBURN.
I ought to add that in strictness the Act ought to have a suspending
Clause.
Maitland to Bathurst, May 4, 1821.1
The erection of new Counties and the subdivision of those
already formed might properly I conceive in the first instance have
been effected by the mere exercise of the Royal Prerogative, but the
Act of 1798 having passed after being specially referred to His
Majesty, and the Province being thereby divided into Counties any
deviation from that division as it must interfere with that Statute
can only be accomplished by an Act of the Legislature, and any
attempt to exercise that power in such manner as will materially
increase the representative body, can be either met when it is made,
or may be anticipated by a general instruction to His Majesty's
Representative here to reserve any such Bill for His Majesty's consideration.
I will only add further that the Acts of 1800,2 and 1808,3 by
which the number of Members was enlarged, were not specially
Reserved for the Signification of His Majesty's pleasure; and that
I followed the course of my predecessors, in assenting to the Bill
in question without delay as necessarily obliged to have a general
Election in a short time after the end of the Session, and the representation as it stood, was evidently inadequate and unequal.4
1Q. 329, pp. 154-155.
2 See, Doughty and McArthur, Constitutional Documents, pp. 2b5-2b6.
8 Ibid, footnote.
4 The same problem was solved on different grounds in Lower Canada. A Committee of
the whole Council reported, 6 January, 1822, that in order to change the limits of Counties,
application should be made to the Provincial Legislature " in consequence of the 14" Clause
of the British Statute 31 Geo. Ill—Cap. 81." Lower Canada, State, J., p. bOS. For the clause
referred to see Shortt and Doughty, Constitution Documents, II, p. 1086. PUBLIC ARCHIVES
TRADE AND NAVIGATION LAWS.
Bathurst to Maitland1
Major General
Sir P. Maitland
Sir,
Downing i
8th Feby 1821
I have had the honor of receiving your Dispatch of the 12th October, representing the inconvenience sustained in consequence of its not having been distinctly ascertained whether the British Navigation Laws apply to the Province
of Upper Canada, and requesting instructions for your guidance. In reply, I
have to acquaint you that upon the receipt of your dispatch of the 19th of July
1819,2 a reference was made to His Majesty's Law Officers for the purpose of
ascertaining how far you were warranted in Law in considering the British
Navigation Laws as applicable to the Trade of the Province carried on by means
of the Lakes; but the nature of their avocations has been such as to prevent
my having received as yet any report upon this Subject. It has also appeared
to me less necessary to press for an opinion in consequence of the intention,
which I long since communicated to Lord Dalhousie, of submitting a Bill to
Parliament3 for the permanent regulation of the Trade of the two Provinces;
the provisions of which will necessarily solve any doubts which may at present
exist as to the mode in which it may be legally carried on.
Under these circumstances His Majesty deems it more adviseable that!
. you should forbear to enforce the Navigation Laws until specially directed; and
He has commanded me to instruct you accordingly.
I have the honor to be &c
CONTROL OVER MONEY BILLS
Resolutions of Legislative Council, Lower Canada, 7 March, 1921.4
Resolved, That it is the opinion of this Committee, that it is the undoubted
constitutional right of the Legislative Council, to have a voice in all Bills
of Aid or Supply, or Money of any kind, levied upon the people of this
Province by the Legislature thereof, and in all Bills for Appropriations of
the same, whatever the purpose may be.
1 Q. 887 A, p. 5.
2 In this despatch, Sir Peregrine Maitland declared that some customs officers were making
seizures under the Navigation Acts but that considerable doubt existed as to how far these
Acts were applicable to Inland Navigation. He, himself, believed tbat they should be enforced
since. "It is to be remarked that the general policy of the navigation Acts applies strongly
to this Province, altho' our exclusion from the ocean prevents their direct tendency to increase
the Seamen and Shipping of the Empire at large—for our Lakes and Rivers are of that
description that a Naval Force upon them is essentially necessary to our defence in time of
war,—and if in our Commerce, we are not confined to the employment of our own Ships and
Seamen, when a war occurs with America, the Enemy will have an undoubted ascendancy on
the waters."    Q. 825, pp. 276-279.
3 The Canada Trade Act (see below p. ..) made a considerable modification of the Trade
and Navigation Laws.   These laws had heretofore been strictly enforced in Lower Canada.
4 Journals of Legislative Council, Lower Canada, 1820-21, pp. 105-106. REPORT FOR THE YEAR 1938 61
j Resolved, That it is the opinion of this Committee, that the said right extends
to the approval or rejection of all Bills of Aid or Supply or Monies aforesaid, and of all Bills of Appropriation for the whole or any part of such
Aid or Supply or such Monies, and that no legal appropriation can be made
without the concurrence of the three Branches of the Legislature.
I Resolved, That the Legislative Council will not proceed upon any Bill of Aid
or Supply, which shall not, within the knowledge of this House, have been
applied for, by the King's Representative in this Province.
I Resolved, That the Legislative Council will not proceed upon any Bill appropriating public money, that shall not within the knowledge of this House,
have been recommended by the King's Representative.
Resolved, That the Legislative Council will not proceed upon any Bill of Appropriation, for Money issued in consequence of an Address of the Assembly to
the King's Representative, (Addresses of the Assembly for the expenses of
that House, excepted,) unless upon some extraordinary emergency, unforeseen at the commencement of a Session, and which unforeseen emergency
will not allow of time for passing a Bill of Appropriation for the same, in
the Session when the Address shall have been voted.
Resolved, That the Legislative Council will not proceed upon any Appropriation
of public money, for any Salary or Pension hereafter to be created, or any
augmentation thereof, unless the quantum of such Salary, Pension or
augmentation shall have been recommended by the King's Representative.
Resolved, That the Legislative Council will not proceed upon any Bill of Appropriation for the Civil List, which shall contain specifications therein, by
Chapters or Items, nor unless the same shall be granted, during the life of
His Majesty, the King.
Resolved, That nothing contained in these Resolutions shall be construed to
prevent or infringe upon freedom of debate and decision in this House, upon
the merits of any matter which shall be recommended by His Majesty's
Representative or upon any Bill relating to Public Money upon which this
House, according to the spirit of these Resolutions, can proceed.
Resolutions op Assembly, Lower Canada, 8 March, 1821.1
[Resolved,] That the Honourable the Legislative Council cannot constitutionally prescribe or dictate to this House, the manner or form of proceeding
on Bills of Aid or Supply, nor upon any matter or thing whatsoever, and
that every attempt of the Legislative Council for that purpose, is a breach
of the rights and privileges of this House 2
Resolved, That the right of originating Bills of Aid or Supply belongs solely
and exclusively to this House	
That the right of originating Bills of Appropriation of public Money,
belongs solely and exclusively to this House	 62
PUBLIC ARCHIVES
Rjebolved, That this House are astonished that the Honourable the Legislative
Council have passed Resolutions and adopted Rules which affect the con- ;
stitutional rights and privileges of this House, without having heard the
reasons to the contrary, which might have been given on the part of this
House	
Resolved, That the said Resolutions have been adopted by the Honourable the
Legislative Council, without any difficulty or dispute having arisen between
the said Legislative Council and this House, respecting the matters therein
set forth, and that the said Resolutions, adopted gratuitously and unnecessarily by the said Legislative Council, are of a nature to retard the re-
establishment of that harmony and that good understanding between the
two Houses, which it is so desirable should prevail for the good government,
peace and welfare of the people of this Province	
Resolved, That all Resolutions, by which one branch of the Legislature lay
down for themselves before hand and in a general manner, a Rule not to
proceed on Bills of a certain form or description which may be offered to.
them by another branch, is contrary to Parliamentary Laws and usages, to
the Constitutional Act, and to the liberties, rights and privileges of the
other branches of the Legislature, and even of that branch which adopts
such Resolutions	
Resolved, That by constant parliamentary usage, recognized by several Acts
of the Parliament of the United Kingdom and the Legislature of this
Province, the Commons of the United Kingdom and the Assembly of this
Province, have frequently voted by Address, advances of Money, when the
exigencies of the State and Country have rendered it necessary, and that
this practice, far from being disadvantageous, has been of very great
assistance to Government, as the converse would produce incalculable inconvenience and fatal consequences to His Majesty's Government	
Resolved, That it is the duty of this House towards His Majesty and his
people of this Province, to take into their consideration all Salaries, Pensions,
and augmentations thereof, and to provide for the same with liberality
and justice, although the quantum be not mentioned in the recommendation
made to this House by the King's Representative	
Resolved, That the Honourable the Legislative Council cannot directly or indirectly, abridge or prolong the time fixed by Bill of this House for the
collection of any sum of Money, nor change the mode established by Bill
of this House, either for the collection or application of the public
money	
EXPENDITURE-OF PUBLIC MONEY LOWER CANADA.
Reference to Council, 29 March, 1821. !
" With a view to ascertain the Means which may exist for the
' purpose of defraying the Expenses of the Civil Government I wish
' that Instructions should be given to the Auditor General of Public
' accounts to prepare a Statement of the Monies in the hands of the
' Receiver General and now at the disposal of the Crown toward
anada, State Book. J., p. 160. REPORT FOR THE YEAR 1983 63
'' Public Service, specifying the particular Sources from which the
j Monies may have arisen and such Charges as are provided for by
i appropriation"—
" I wish also an Estimate of the Probable product of the
"Revenue, Casual, Territorial or by Statute this year—Specifying
" each particular source, appropriated or not, and shewing thus the
I amount that will remain disposable as unappropriated"—
" In doing this I wish Mr Coltman to consult with the Inspector
" General of public Accounts—The Receiver General, the Inspector
" General of the Kings Domain and the Collector of the Customs in
I the manner best calculated to obtain the Information required"—
D.
First Report of Executive Council,
March 1821.3
Ways and Means, 30-
First Report
on Subjects
referred in
Council 29
March 1821.
Payment of
Public
Monies.
May it please your Lordship
The Committee in obedience to the Commands of your Excellency, have proceeded to the Consideration of the several Matters
which are referred by the Entry made upon the Minutes of Council
by your Excellency's Order on the 29th Day of March last.
Upon the Payment of the Public Monies during the ensuing year:
The Committee beg leave to suggest the necessity of having
before them some Statement of the Expenditure which will be called
for, and of the means which may be applied to meet it, and concurring with your Excellency in what is stated in the latter part of"
the Entry made on the 29th March they humbly request your
Excellency to direct the Auditor General of Public Accounts to prepare a Statement of the Monies in the hands of the Receiver General
and now at the disposal of the Crown towards the Public Service
specifying the particular Sources from which the Monies may have-
arisen and such Charges as are provided for by Appropriation with,
an Estimate of the probable Product of the Revenue Casual Territorial and by Statute in this year specifying each particular source
and what is appropriated and the Amount of what is unappropriated—" And the Committee are of opinion That it is highly expedient
that the Auditor General of Public Accounts in the Execution of the
above Duty should be directed to consult with the Inspector General
of Public Accounts. The Receiver General, The Inspector of the
Kings Domain and the Collector of the Customs in the manner best-
calculated to obtain the Information required.
Upon the Payment of the Members of the Board of Audit.
The Committee concurring with your Excellency That it is just
that the Members of the Board of Audit should be paid for the
Duties performed by them in the years past do humbly recommend-
that a Warrant do issue in favor of the Honble Mr Duchesnay for
1 Lower Canada, State Book J., pp. 162-165. PUBLIC ARCHIVES
his Services at the Board of audit for such Sum as your Excellency;
may deem fit to allow from the Date of his appointment 28th October
1817 to the 30th of this Month, and to the Honble Mr Kerr for such
Sum as your Excellency may deem fit to allow from the date of his
appointment (6 October 1819) to the 30th of the present Month—
Upon the Grenville Canal
The Dispatch from the Earl Bathurst of the 3d April 1818
sanctioned the Payment of a Sum of Money equal to one Half of thé.
Expense to be incurred in the Construction of a Canal from Montreal
to LaChine. And the Letter from the Lords of the Treasury to Mr
Secretary Goulburn of the 25 May 1819 sanctions the Payment of
the one Half of the Expense to be incurred in the Execution of the
several Works proposed for the formation of a Communication
between the Provinces of Upper and Lower Canada by the Line of
the Ottawa River—From these Dispatches it appears (the LaChine
Canal and the Grenville Canal being equally parts of the Communication between the Provinces of Upper and Lower Canada by the Line
of the Ottawa River) That an Expenditure on the part of the Crown
equal to one moiety of the Expense of both is authorized provided1
the Provincial Legislature should appropriate to them an equal Sum— ;
Therefore as the Sum appropriated by the Province towards the
Construction of the LaChine Canal by the late Statute 1 Geo. IV
Cap. is £35000, while the Crown according to the Provisions of this
act is to pay the sum of £10000 only upon this part of the proposed
Communication there appears to be on the part of the Crown a
Balance of £25,000 due and applicable, according to its offer to the
Completion of the Remainder— But £9000, having been expended by
the Crown upon the Ottawa this sum must be deducted, and then
there will remain a Sum of £16000 to be expended by the Crown upon
that River, upon the Grenville Canal, and such other Works as may
be required to complete the proposed Communication.
In obedience to the Directions contained in the Entry made on
the Minutes of Council of the 29th of March last, The Committee
humbly report that "No arrangements have been made to authorize
your Excellency to proceed in the Works of the Grenville Canal out
of Monies to be paid by the Province"— And they respectfully beg
leave to submit to your Excellency what they have above stated as
the probable Reasons why no arrangements have been made—
All which is respectfuly submitted to your Lordship's Wisdom
By order
Committee Room
30th March 1821
(signed) J. SEWELL
Chairman. REPORT FOR THE YEAR 1938 65
Second Report of Executive Council on Ways and Means,
28 April 18211
May it please your Lordship
The Committee have again proceeded to the consideration of tha*
part of the Minute of the 29 of March last which relates to the payment of the Officers of Government and the Contingent Expenses of
their respective offices—
His Majesty's Officers in the Service of the Civil Government
having performed the Duties of the Several Stations in which they
have been engaged to serve without any change in the terms of their
Service, are of course entitled to their respective Salaries, and to the
payment of such Expenses as they may have incurred of necessity
and as usual in the execution of their Trust.
The Committee are therefore of opinion that Warrants should
be issued as hath been customary to the Receiver General for the
payment of the Salaries and Contingencies of the officers of Government as usual to the First of May next.
What proportion of the sum to be so paid is to be charged against
the unappropriated Monies in the hands of the Receiver General and
what is the course to be adopted to secure the Crown against loss in
consequence of the Step now recommended are questions to which
the Committee will give their immediate attention and upon which
they will not fail to report with all practicable dispatch.
All which nevertheless is respectively submitted to your Excellency's Wisdom
Bv order
Council Chambers
Quebec 28th Apr
(signed) J SEWELL
Chairman
Third Report of Executive Council on Ways and Means, 19
May 1821.J
May it please your Lordship
In the Second Report upon this Reference the Committee left
for future Enquiry the following Questions viz1
What Proportion of the sum recommended to be paid to the
officers of the Government should be charged against the unappropriated Revenues of the Province? and
What Course ought to be adopted to secure the Crown against
Loss in consequence of such Proportion being so taken from the
Provincial Revenue.
In the discussion of these two Questions the Committee have
had occasion to reconsider their Report of the 16 June 1820, and
seeing no cause to depart from the Principles laid down in that Report
they humbly beg leave to refer to it as the present.	
Canada, Slate Book, J., pp. 169-170.
Canada, State Book J., pp. 176-178. PUBLIC ARCHIVES
1
The Revenues of the Province arising from the Acts of the
Provincial Legislature not specifically appropriated to any particiuarf 1
Purpose, for the Reasons stated in the Report referred to stand
pledged in the opinion of this Committee for the payment of the:
Salaries and of the necessary Expenses, not actually provided for, of
all permanent offices which the Legislature of the Province has either
created or recognized and for the Payment of the same Salaries and*
Expenses.
The Crown Revenues, particularly the Product of the 14 Geo.
Ill Cap. 88—The Casual and Territorial Revenue—The 5000£
granted by the Provincial Statutes 35 Geo. Ill Cap. 8 and 9—and
the Fines and Forfeitures (if any remain after deducting the Charges
of the Witnesses in Criminal Cases according to the Directions of the
Provincial Statute 39 Geo. Ill Cap. ) are also pledged— It
appears therefore to the Committee that the Salaries of the Officers
employed and the Expenses incurred in collecting, keeping and paying,
the Crown and the Provincial Revenues being first deducted from
their gross amount as recommended in the above mentioned Report
of the 16 of June 1820, the whole of the remaining Salaries and
Expenses, defined as above must in the first instance be charged
against the aggregate of the Crown Revenues, and the Balance taken
from such Provincial Revenues as may be in the hands of the Receiver
General and are not specifically appropriated to particular Purposes—
It will remain with His Majesty's Government to secure the
Crown against loss in consequence of Payments so made out of such
Provincial Revenues by withholding the Royal Assent to every and
any appropriation of the unappropriated Revenues of the Province
which may be proposed until all such Payments so made shall be
covered by an appropriation, so much of the Provincial Revenues for
that purpose as shall be equal to the Sum taken for the discharge
of the above stated Balance— and in the opinion of the Committee
this will be the best enforced by a Royal Instruction to His Excellency the Governor in Chief to this effect.
The Committee deem it right to add that all offices and Expenses
of offices of Legislative Creation, or which are merely temporary must
necessarily be paid from the Funds which are specifically appropriated to their support, and that those offices which are solely of the
Crown creation and have not been recognized by the Legislature as
well as the Expenses of such offices must be charged against the
Exchequer of the Imperial Government— The offices respectively
comprehended within these several Classes are particularly designated
in the Appendix annexed to the above mentioned Report of the 16
June 1820 and to these the Committee humbly beg leave to refer in
explanation of this Report.
All which is respectfully submitted to your Lordship's Wisdom.
By order
(signed)       J. SEWELL
19 May 1821 Chairman REPORT FOR THE YEAR 1988 67
ROMAN CATHOLIC BISHOP
Bathurst to Dalhousie.1
Downing Street
2* April 1821
Lt. Genl.
The Earl of
Dalhousie.
My Lord,
The Roman Catholic Bishop of Quebec when he was last in
England brought under my consideration certain points connected
with the Administration of the Affairs of the Romish Church in the
Province upon which he was anxious of receiving the decision of His
Majesty's Government—
Accidental circumstances prevented my communicating to your
Lordship at an earlier period the answer which I then communicated
to Mr de Plessis and I am afraid that he may have felt some anxiety
from the delay which has taken place.
I have however, now to acquaint Your Lordship that His
Majesty has been pleased to give permission to the Rev* J. Lartigue
and the Revd F. Provencheur to assist him in the Spiritual Administration of the District of Montreal and the Countries situated to
the North West of Upper Canada. His Majesty has been further
pleased to signify His Pleasure that you should cause Letters Patent
to pass the Great Seal of the Province for carrying into effect Mr
de Plessis' wishes with respect to the establishment of a Roman
Catholic Seminary at Nicolet as proposed by the Bishop in his letter
to Sir John Sherbrooke of which a Copy is enclosed and recommended by him in his dispatch to me No. 167 of the 16th Novr 1817.
I have &c—
BATHURST.
FINANCIAL ADJUSTMENTS BETWEEN UPPER AND LOWER
CANADA.
Maitland to Bathurst.2
Upper Canada, York.
20th August 1821.
My Lord,
The accompanying papers will shew that there is no longer any
prospect of agreement between the two provinces as to the proportion of duties received or to be received at the port of Quebec and
paid to the uses of Upper Canada—A circumstance to which I am
compelled by the very distressing situation in which it places the
Government of this Province, to intreat most earnestly Your lordship's early attention—	
1 Q. 155 A, pp. 98-99.
2 Q. 829, pp. 296-298.
7173fl-__ PUBLIC ARCHIVES
The result is that we are without that portion of our Revenue
since June 1819; on which and on the probable future receipt under
renewed agreements the Legislature of this Province had authorised
me to raise Twenty-five Thousand pounds on Debentures, payable
in Three years, for the purpose of discharging arrears and growing
dues to the Militia pensioners.
The hopes of these Claimants, deferred for more than two years,
by the want of funds thus withheld by the Province of Lower Canada
has been raised to almost a certainty of gratification at this period—
The disappointment will of course be extreme, as many of them have
no other means of subsistence.
Although this disappointment is at the present moment the most
prominent inconvenience arising from the principles adopted by the
Lower Provinces, others are not wanting to perplex the administration of this Government, from pecuniary difficulty, which will drive
me most reluctantly to have recourse to the Military Chest to defray
the ordinary and current charges of Government.—
I have no reason to expect any direct relief from an early call
of the Legislature, but I concur in the advice of my Council on the
propriety of such a measure, which I should not delay but that the
Harvest and the Circuits at this Season will render it almost impracticable to collect the two Houses before the middle of November.
It seems impossible to avoid recourse to the Imperial Parliament, to settle the Amount and mode of Drawbacks on Imports at
Quebec, consumed in this Province; and in the prospect of such a
measure, I take leave to refer Your Lordship to a Memoir on the
subject which I have the honor to enclose, with the references.
I have the honor to be,
My Lord,
Your Lordship's
most obedient
Humble Servant
The Earl Bathurst K.C.
&ca &ca &ca
P. MAITLAND.
31st Geo. 3">
Ch.31.
Sec. 46 & 47,
Memoir1
By the Constitution of the Provinces of Upper & Lower Canada,
a distinct Legislature is given to each Province, but by the 46th
Section it is provided that the power of regulation of Commerce
should continue to be exercised by His Majesty His Heirs and
Succesors and the Parliament of Great Britain, subject to the
condition of applying any Duties which may be imposed for that
purpose to and for the use of the Colony, Province or Plantation in
which the same shall be respectively levied to be appropriated by REPORT FOR THE YEAR 1983 69
the respective Legislatures, but regulated as to the payment of Drawbacks of such Duties, by the appointment and Direction of His
Majesty in Parliament.
This reservation was indispensable as to the two Provinces which
had but one Sea-port or possible access to the Ocean, and which was
situated in the Lower Province.
Ch.l0. In 1793 The Legislature of Upper Canada, claiming to exercise
a power to impose Duties on Imports into the port of Quebec, did
enact that a Duty over and above all other Duties, of four pence
per Gallon, on Madeira wine and two pence per Gallon on all other
wine should be received by the Collector of that Port and by him
paid to the Receiver General of the Province of Upper Canada to be
applied to pay the Salaries of the Officers of the Legislative Council,
Ch>9- and Assembly, with the contingent Expences thereof.   But the pre
ceding Chapter of the same Statute had authorized the appointment
of Commissioners to form a Provisional agreement with Lower Canada
on this delicate Subject, and in the next Session ratified an Agreement
35Geo.3a.    between the respective Commissioners
Chap. 8.
1st  That Upper Canada should receive as its proportion of Duties
on Wines imposed by the Legislature of Lower Canada, in 1793. and
1794. the sum of £333. 4. 2 in full.
2nd  That the Legislature of Upper Canada would not impose any
Duties whatsoever on any Wines Goods or Merchandize imported
into Lower Canada and passing into Upper Canada, but will allow
and admit the Legislature of Lower Canada to impose and levy such
reasonable Duties on such Goods &ca as aforesaid as they may judge
expedient.
3rd  That of such Duties Upper Canada should receive one eighth
and Lower Canada retain seven eighths.
This agreement which was limited to 31st December 1796, admits
that the Port of Quebec was common to both Provinces, and that
Upper Canada might impose Duties on Imports there, for her use,
if she had not consented to commit that power, exclusively, to Lower
Canada, and it also admits the mutual sense of a fair and equitable
adjustment of the proportion by the- respective populations then
estimated as one to eight—
It was but too obvious that concord could not long subsist on
such a basis.
At the expiration of this Agreement the proportion of population
was questioned and resort was had to an actual Drawback to be
ascertained by a Barrier and Report of dutiable Commodities passing
ment to This experiment was attended with great expense, and led to
Sherbrooke disputes which still subsist as to the Drawbacks justly claimable on
by the Com- the consumption in Upper Canada, which from various causes was not
nusmoners j_cju(je(j m ^e Report at the Barrier. See Stat.
U.C.
68. Geo. 3d.
Ch. 13.
PUBLIC ARCHIVES
An appeal to the Mother Country was threatened but was stifled
at the moment by a renewed Agreement stipulating the proportion of
Upper Canada of all Duties received at Quebec to be one fifth.
The renewal of this Agreement from time to time being necessary
to assure to Upper Canada the greater part of her revenue and without
which her yearly expenditure could not be met, might reasonably have
suggested the propriety of a guarantee, which in the nature of things
between two parties independent of each other, but having one and
the same Sovereign, could only be that power which could coerce the
performance of the contract on either side, the Parliament of the
United Kingdom.
The necessity of such a guarantee was enforced upon the notice
of Upper Canada by an event which it had not foreseen.
In the fulness of confidence she had not only consented that
Lower Canada should provide the means of Revenue, but also that
she should direct the mode of payment, so that when the Assembly
of Lower Canada separated without a direct appropriation of the
one fifth for Upper Canada, which happened for two Years successively, it remained locked up in the Chest of the Lower Province, and
no sense of Justice could prevail upon the Executive Governm\ to
authorize the payment of the same proportion as the expired agreement allowed, or, indeed, of any other—
There was a fund arising from duties imposed by the Parliament of Great Britain, before the division of the Province of Quebec,
for the support of its Civil Government and the administration of
justice; not at the discretion of the Legislature, but of the Lords of
His Majesty's Treasury— As Upper Canada had been part of the
Province of Quebec, the Lieutenant Governor in this dilemma called
upon the Governor of Lower Canada for a proportion of that fund,
but His Excellency on reference to the Executive Council, by its
advice, declined any payment, or advance either from that fund or
the general Receipt of Duties.1
r>°61820 "" ^w0 Years privation of that Revenue had created an accumula
tion of Debt by Upper Canada, and especially to Pensioners disabled in the late War— Not doubting but that the Legislature of
Lower Canada when it met for business, would repair as much as
possible the injury which accrued to Upper Canada, from two Years
arrear, but would also continue the same proportion of Revenue until
His Majesty's Government should take the sense of Parliament on
our case.
1 The Executive Council reported on 16 Oct. 1 §20 that: "The Duties collected under the
14th Geo. Ill C. 88, being appropriated by the Imperial Parliament to the support of the
Civil Government of the Province of Quebec And the Sums which bave been raised under this
Act and been paid to the Upper Province having been so paid in consequence of a Special
Agreement between the two Provinces which no longer exists, and as the Lower Province has
been required to pay the Expenses of their own Civil Government while those of Upper
Canada have hitherto been and yet are paid by Amniual Grants of the Imperial Parliament.
The Committee are humbly of opinion that no part of the Sums levied under 14th Geo.
Ill Cap. 88, should be paid to the Upper Province without the Sanction of the Legislature
or the Direction of His Majesty's Ministers."   Lower Canada, State Book, J., p. 87.
See Report
of Executive
Council of
L. Canada
to Lord
Dalhousie
in Sir P.
Maitland's
Dispatch
to Lord REPORT FOR THE YEAR 1933 71
The Legislature of Upper Canada authorized the Governor to
borrow on the security of that arrear and expected Revenue, where
with to discharge the arrears of pension, but the Report of the
Commissioners appointed to conclude a new Agreement, or continue the last, shews manifestly that resort to Parliament can no
longer be delayed, either to interpose between the two Provinces by
the continued exercise of the Authority it has reserved, or by repeating [sic] the double Charter, and resorting to its full operation the
14th of His late Majesty.
The latter measure will not probably be resorted to whilst others
can answer the purpose. It is therefore desirable to shew that the
objections to a Drawback of Duties proportioned in their Amount
tp the Population of the respective Provinces, are of no Weight.
Parliament provided for the contingency of a single Port for
both Provinces and reserved to itself the regulation of Drawbacks.
1 The Provinces mutually agreed that the fairest principle to regulate
'. them was the several populations, and after trial of the only other
criterion, resorted again to the first, and Lower Canada was constrained to acknowledge an increased proportion in the population
as l/5tn to 178th between the years 1796 and 1816.
As the population has more rapidly augmented in proportion in
Upper Canada in the last five years than in the twenty years preceding, Upper Canada is now entitled to at least as great if not
greater proportion of the Duties than that settled by the last Agreement.
It may well be supposed that a jealousy of the increasing Numbers
of the Upper Province in proportion to that of the Lower, may have
suggested the means now resorted to of discovering that mode of
Drawback, and have given rise to the singular proposition of recur-
» ring to ex post facto evidence of purchases, Imports and consumption
of dutiable goods in Upper Canada during the interval when, for
want of parties an agreement could neither be continued or renewed.
The futility of such a proposition is So evident as to demonstrate
that no agreement was contemplated by Lower Canada, and such a
supposition is encouraged by the ungracious remark on the dependence
of the one Legislature for its Revenue upon the Acts of another, which
Upper Canada had acquiesced in because she confided in the reason
and justice of the sister Province. That dépendance no longer exists,
the contract has expired, and the impracticability of a double Legislation on this Subject is so evident that it is hoped it will not be
again attempted, but that our future reliance will be on the justice
of the Imperial Parliament.
The Port of Quebec is a National and not a Provincial Subject,
and, as far as relates to the Receipt of Customs, should be withdrawn from the control of either Province.
The Crisis is pressing, the Province of Upper Canada is in a
State of Bankruptcy, whilst its Revenue for two years past is with- PUBLIC ARCHIVES
held by the sister Province, and it remains without Provision for the
future. The wisdom of Parliament may not think Proper to enforce
any change without better information, but there can be no injustice
in Continuing the effect of the last Subsisting Agreement, and enforcing the payment of the arrears and growing proportion of one fifth
of the Duties received at the Port of Quebec, until upon fuller information it may be Satisfied of the justice of increasing that proportion;
and then upon a fixed principle, establish it in future by a triennial
Act which shall leave the two Provinces no cause for discord.
To obtain this fuller information it may be expedient for His
Majesty under sanction of Parliament, to name a Commissioner who,
with one other from each Province, shall ascertain and report the
arrears, if any, due to Upper Canada, and the population of either
Province by an Actual Census.
Address of Assembly, Upper Canada, on the proportion of duties due from Lower
Canada, 8 July 1822'.i
May it please Your Excellency:—
We, His Majesty's dutiful and loyal subjects, the Commons of Upper
Canada, in Provincial Parliament assembled, having examined the Public
Accounts as far as the same have been laid before us, beg leave to represent
to Your Excellency that although a large sum was received from Lower Canada
during the present year on account of arrears of Provincial Duties due to this
Province under the Provisional Agreement, we have reasons to know that large
sums are still outstanding on the same account, as well as under an Act of the
parliament of Great Britain, passed in the fourteenth year of His Majesty's
Reign, intituled " An Act to establish a fund towards further defraying the
charges of the administration of Justice and support of the Civil Government
within the Province of Quebec in America," no part of the last mentioned duties
have been accounted for to this Province prior to the year 1817.
That the authorized demand on the Provincial Treasury for the present
year, as well as for the year 1820, cannot, we fear, be met from the ascertained
resources at the disposal of the Receiver General; we therefore pray that Your
Excellency will adopt such measures for obtaining payment of the outstanding
balance, through the medium of Commissioners as may be best adapted to procure that effect.
We respectfully request leave to call your Excellency's attention to the
singular situation in which this Province is placed with respect to its revenue,,
by the expiration of the Provincial Agreement, and the difficulties in which it
must be involved should the agreement not be renewed, or any of the laws
imposing Duties be suffered to expire. We feel pursuaded that every consideration will be given by Your Excellency to the subject, and that some
arrangement may be made with our Sister Province, or through the intervention
of the Imperial Parliament, to prevent the evil which must otherwise arise.
1 Journals of Assembly, Upper Canada, 1819, p. 182. REPORT FOR THE YEAR 1983 73
EXPULSION OF BIDWELL1
To the Honorable the House of Assembly
of the Province of Upper Canada, in Provincial Parliament assembled.
The Petition of the undersigned, Freeholders of the Incorporated Counties
of Lennox and Addington, in the Midland District,
Humbly Sheweth:—
That by virtue of a Writ issued in the usual form to John McLean,
Esquire, as Returning Officer, the Freeholders of these Incorporated Counties
were called on to choose a Member to supply in Parliament the place of Daniel
Hagerman, Esq., deceased. That the said election was accordingly held at the
village of Bath, on Monday the fifth day of November last, and that the poll
was kept open by a contest between Mr. John Church and Mr. Barnabas Bidwell
until the succeeding Saturday, when the latter having a majority of forty-nine
votes was declared duly elected.
Your Petitioners humbly beg permission to call the attention of Your
Honorable body to the qualification of the person thus returned to represent the
said Counties of Lennox and Addington.
They Respectfully represent that though the said Barnabas Bidwell may
have resided in this Province during the necessary time, and have also become
possessed of the amount of property legally required in a candidate, Your
Petitioners are induced to believe, and indeed are fully convinced that there
are circumstances connected with his character which render him utterly unworthy of the high honor of sitting in your august House. That at the period
when the said Barnabas Bidwell first came into this Province, which was
about ten years ago, divers reports highly discreditable to his character were
in circulation respecting the cause of his quitting the United States. That the
said Barnabas Bidwell formerly held the office of Treasurer of the County of
Berkshire in his native State of Massachusetts, and that in the discharge of
the duties of which office it was asserted in the newspapers of the American
Union, without contradiction, and generally believed, that the said Barnabas
Bidwell had been guilty of a misapplication of the Public Funds entrusted to his
care, and that having unsuccessfully attempted to cover this breach of his
public duty, by an erasure in his accounts, he was compelled precipitately to
abandon his native State, and, pursued by a Proclamation of the Governor,
offering a reward for his apprehension, to flee for refuge beyond the jurisdiction
of the Federal Laws into Canada. Your Petitioners fear not to assert that
these circumstances are notorious, and that they remain uncontradicted and
generally credited, as well in this Province as within the limits of the American
Your Petitioners beg leave further to represent that the said Barnabas
Bidwell, though now claiming to be a natural born subject of our Most Gracious
Sovereign, remained in the revolted colony during the whole of the Rebellion
that terminated in the acknowledgement of their independence and an absolution
1 Journals of Assembly, Upper Canada, 1821, pp. 11-18. 74
PUBLIC ARCHIVES
of their allegiance to the British Government, and that he afterwards, as a
citizen of the United States, became a Member of Congress, an Attorney General
of the State of Massachusetts, and a Treasurer of the County of Berkshire in
the same State.
That previously to entering on the duties of any of the above situations he
was compelled by the Constitution of the State of Massachusetts to take an
oath to the following effect.
| L, A. B., do truly and sincerely acknowledge profess, testify and declare
that the Common wealth of Massachusetts is, and of right ought to be, a Free,
Sovereign and Independent State; and I do swear that I will bear true faith
and allegiance to the said Commonwealth, and that I will defend the same
against traitorous conspiracies and all hostile attempts whatever, and that I do
renounce and abjure all allegiance, subjection and obedience to the King Queen
or Government of Great Britain, as the case may be, and every other Foreign
Power whatsoever; and that no foreign Prince, persons, prelate, State or
Potentate, hath or ought to have any jurisdiction, superiority, pre-eminence,
authority dispensing or other power in any matter civil, ecclesiastical or
spiritual, within this Commonwealth, except the authority and power which is
or may be vested by their constituents in the Congress of the United States;
and I do further testify and declare that no man or body of men hath or can
have any right to absolve or discharge me from the obligation of the oath,
declaration or affirmation, and that I do make the acknowledgement, profession, testimony, declaration, denial, renunciation and abjuration heartily and.
truly, according to the common meaning and acceptation of the foregoing
words, without any equivocation, mental evasion or secret reservation whatsoever.
So Help Me God."
That when the said Barnabas Bidwell was called on during the late War
to take the oath of allegiance to His Brittanic Majesty, he, bearing no doubt
in mind his previous oath, remarked, that he did not consider it binding, as it
was compulsory, a fact which can be proved by the Magistrates who administered
the oath.
Your Petitioners therefore, considering all these circumstances as undeniable, and that they morally incapacitate the said Barnabas Bidwell as a
Member of our Provincial Parliament, and considering the disgrace which will
justly attach itself to this Province and to your Petitioners in particular, should
persons void of reputation or moral character be allowed to intrude themselves
into Your respected and Honorable House, beg leave most reverently to call
the attention of Your Honorable Body to this case, and intreat, should the statements above made be sustained, as Your Petitioners are convinced they can be
by satisfactory proof, Your Honorable House will declare the Election of the
said Barnabas Bidwell to be null and void, and thus preserve pure and unsullied
the dignity of Your Honorable House.
And Your Petitioners, as in duty bound, will ever pray.
Fredericksburgh,
Nov. 17, 1821.
(Signed by)    TIMOTHY STORING
and 125 others. REPORT FOR THE YEAR 1933 75
2nd January, 1822. |
Mr. Nichol seconded by Mr. Horner, moves that it be resolved that the
I allegations contained in the Petition of Timothy Storing and other Freeholders
of the incorporated Counties of Lennox and Addington, respecting certain newspaper reports and certain occurrences in the United States of America, implicat-
I ing the moral character of Barnabas Bidwell, Esq, one of the sitting Members
for the said incorporated Counties, being altogether founded on ex parte statements, and alluding to transactions beyond the jurisdiction of this House, and
respecting which no compulsory process for the attendance of exculpatory testimony could issue therefrom, and that as the said reports and occurrences are
not, even if true, legal disqualifications for a seat in this House, the same cannot
be taken into consideration or decided upon under the Act of this Province for
the Trial of Controverted Elections.
In amendment, Mr. Attorney General, seconded by Mr. Jones of Grenville,
moves that after the words "counties" in the original motion, the remainder of
the Resolution to the words "are not even if true" be expunged, and that after
the word "House" the words "and that" be inserted.
On which the House divided, and the yeas and nays being taken were as
follows.
The question was carried in the affirmative by a majority of twenty-seven.
On the original question as amended being put the House divided, and the
yeas and nays being taken were as follows:
The question was decided in the affirmative by a majority of three, and it
was resolved accordingly
The House then adjourned till ten o'clock to-morrow.
3 January, 18222
Agreeably to the order of the day, the House proceeded in the trial of the
Lennox and Addington Petition.
Mr. McMartin, seconded by Mr. Jones of Grenville moves that it be
resolved that the allegations set forth in the Petition of Timothy Storing and
others Freeholders of the Incorporated Counties of Lennox and Addington,
against the Election of Barnabas Bidwell, Esq, sitting Member for the said
Counties, having been proved at the Bar of the House, the said Election is
hereby declared to be void.
In amendment, Dr. Baldwin, seconded by Mr. Willson of Prince Edward,
moves that after the word " that " the whole of the original motion be expunged,
and there be inserted the following words, " it be resolved that the allegations
in the Petition of Timothy Storing and others have not been proved in such
manner as in the judgment of the House to render the Election of Barnabas
Bidwell void."
On which debates ensued. 76 PUBLIC ARCHIVES
4 January, 18221
Dr. Baldwin's amendment was then put as follows.
Dr. Baldwin, seconded by Mr. Willson of Prince Edward, moves that afterj
the word " that " the whole of the original motion be expunged, and that there
be inserted the following words, " it be resolved that the allegation in the Petition of Timothy Storing and others have not been proved in such manner as
in the judgment of this House to render the election of Barnabas Bidwell
void 	
The question was carried in the negative by a majority of one.
Mr. Gordon in amendment, seconded by Mr. Attorney General, moves that
after the words " resolved that " in the original motion all the remainder be
expunged and the following inserted " sufficient of the allegations contained in
the Petition of Timothy Storing and others, Freeholders of the Incorporated
Counties of Lennox and Addington, complaining of the return of Barnabas
Bidwell, Esquire, Sitting Member for those Counties, having proved at the Bar
of this House to void the Election of the said Barnabas Bidwell, Esq, the same
is hereby declared void."
On which the House divided, and the yeas and nays being taken were as
follows	
The question was carried in the affirmative by a majority of one.
The original question as amended was then put and carried.
Mr. Attorney General, seconded by Mr. Ruttan, moves that it be resolved
that a new Writ be directed to issue for the election of a Member to represent
the Incorporated Counties of Lennox and Addington, in the place of Barnabas
Bidwell, Esq, whose election has been declared void.
Which was ordered.
INSTRUCTIONS TO GOVERNORS
Assembly of Lower Canada to Governor, 29 Dec. 1821.2
On Motion of Mr. Cuvillier, seconded by Mr. Bureau,
Resolved, That an Humble Address be presented to His Excellency the
Governor in Chief, praying His Excellency will be pleased to cause to be laid
before this House:
A Statement of the proper provision for the support of the Government of
the Province of Quebec as fixed by the Royal Instructions previous to the
seventeenth December, one thousand seven hundred and ninety-two.
A statement of ditto for the Province of Lower-Canada as fixed by the
Royal Instructions at the latest period ^previous to the thirty-first day of
December one thousand seven hundred and ninety-seven.
A statement of ditto as fixed by the Royal Instructions at the latest period
before the tenth day of February one thousand eight hundred and ten.
A statement of ditto as fixed by the Royal Instructions at the latest period
before the seventh day of January one thousand eight hundred and eighteen. REPORT FOR THE YEAR 1933 Tl
Dalhousie to Assembly.1
DALHOUSIE, Governor.
In answer to the Address of the House of Assembly of the twenty-ninth
j December last, the Governor in Chief feels it his duty to decline to lay the
| Royal Instructions or any part of them before the House for Public Discussion,
| considering them to be confidential Instructions from His Majesty to His
I Representative for the time being.
D. G.
Castle of St. Lewis, \
Quebec, 8th January 1822.   J
EXPENDITURE OF PUBLIC MONEY, LOWER CANADA, 1822
Resolutions of Assembly, Lower Canada, 12 January, 1822.2
Resolved, That it is the opinion of this Committee, That the application of
any sum or sums of Money already levied, or which hereafter may be levied on
His Majesty's Subjects of this Province, otherwise than such application is or
•may be directed to be made by the express provision of Law, is a breach of the
Privileges of this House, and subversive of the Government of this Province, as
established by Law.
Resolved-, That it is the opinion of this Committee, That this House will
hold personally responsible his Majesty's Receiver General of this Province,
and every other person or persons concerned, for all Monies levied on His
Majesty's Subjects in this Province, which may have legally come into his or
their hands, and been paid over by him or them, under any authority whatsoever, unless such payment be, or should be authorized by an express provision
of Law.
Resolved, That it is the opinion of this Committee, That it is expedient
to grant an Act of Indemnity for all Expenditures of Public Monies made by
and under the authority of His Majesty's Executive Government in this Province, for and during the years one thousand eight hundred and nineteen and one
thousand eight hundred and twenty-one, to the extent of the sums voted by this
House for the Expenditure of the said years respectively.
Resolved, That it is the opinion of this Committee, That the sums of Money
which this Province was liable to contribute towards the payment of Interest
on Army Bills, under the Provincial Statute of fifty-second George III.
intituled, "An Act to facilitate the circulation of Army Bills; " at the rate of
fifteen thousand pounds per annum, have been paid and discharged by this
Province, up to the seventh December one thousand eight hundred and fifteen,
the day on which the Interest on the said Bills ceased and determined, in Virtue
of the Proclamation of His Excellency the Administrator of the Government,
issued for calling in the said Army Bills, in pursuance of and agreeably to the
provisions of the said Statute.
1 Journals of Ass
2 Ibid, pp. 84-85.
mbly, Lower Canada, 1821-22, p. 65. 7_ PUBLIC ARCHIVES
Resolved, That it is the opinion of this Committee That this Province is not
indebted in the sum of twenty-five thousand nine hundred and seventeen pounds
twelve shillings and four pence sterling, nor in any other sum of Money whafa
ever, for arrears of Interest on Army Bills.1
Resolved, That it is the opinion of this Committee, That the sums granted
and appropriated for any special service should be applied, by the Executive
Power, only to defray the expenses of that service, and that the application of
any surplus of funds to uses for which they were not appropriated, is a misapplication of the public Money, a daring breach of public Trust, a violatiri™
of the Rights and Privileges of this House, and subversive of the Government
of this Province, as established by Law.
Resolved, That it is the opinion of this Committee, That it is expedient
to grant an Act of Indemnity for the Disbursements made and incurred by the
Executive Government of this Province, for and during the year one thousand
eight hundred and twenty, not exceeding the sums of money voted by thijS
House, for the expenditure of the year one thousand eight hundred and nineteen.
Resolved, That it is the opinion of this Committee, That the Acts of
Indemnity which this Committee are of opinion should be granted, shall not
form nor be drawn into precedent for the future.
Dalhousie to Assembly, Lower Canada, 6 February, 1822L2
DALHOUSIE, Governor.
The Governor in Chief, at the close of the last Session, pointed out the
difficulties which would follow from the want of the usual appropriations of
public Monies to meet the public Expenditure, and particularly stated that the
Government would ibe left without the pecuniary means which its exigencies,
would indispensably require, if he did not advance them on his own personal
responsibility.
Accordingly the Governor in Chief did so advance the difference between
the amount of the Royal Revenue which was placed at his disposal, and the
total amount of the civil Expenditure of the Province, and he called upon the
Assembly by Message of the eighth of January last to make good this difference.
The Governor in Chief therefore has not put in question the constitutional
principle which directs the application of public Monies, by the Governor in
Chief, to the purposes for which they are appropriated ; he has relied with confidence upon the faith of the Assembly, which was pledged to pay the civil
1 These were the Army Bills which were issued during the War of 1812. The Assembly
had appropriated £15,000 annually to pay interest, but on December 7, 1815 the Government
declared itself willing to redeem the bills and that interest would therefore cease. In the
public accounts for 1815 a charge of £20,301.7.4 was made to pay the interest from 1 August
1814 to 7 Dec. 1815, showing that the account was closed. None the less the Bills were not
turned in and in 1818 the Hon. John Young, Chairman of the Board of Audit, declared that
the grant of £15,000 per annum still held good. The Assembly refused to agree and their
stand was upheld by W. B. Coltman who succeeded Young in 1819. The British Treasury laid
a claim for this against the Province but relinquished it in 1823. See Davidson to Wilmot
Morton, 22 August 1828, Q. 167, pp. 867-869. For a memorandum on this subject see alsOilj
Q. 163. pp. 815-817.
2 Journals of Assembly, Lower Canada, 1821-22, pp. 155-156. REPORT FOR THE YEAR 1988 79
Expenditure of the Province, and in the firm belief that he should act in conformity to the wishes of the Legislature, he took upon himself this great responsibility in order to prevent consequences equally distressing to individuals and
ruinous to the general interests of the Province.
By the proceedings of the present Session, circumstances are materially
changed. It will not now be in the power of the Governor in Chief to make
further advances, nor will it be consistent with his duty to venture a greater
stretch of responsibility. He therefore informs the Assembly that he will apply
the Territorial and Casual Revenues, Fines, Rents, and profits which were
reserved to and belonged to His Most Christian Majesty before and at the time
of the conquest and surrender of Canada to His late Majesty the King of.
Great Britain, the monies raised by Statutes of the Imperial Parliament, and
the sum of Five Thousand Pounds sterling, raised by the Provincial Statute,,
thirty fifth George the Third, Chapter nine, towards defraying the Expenses in
support of His Majesty's Civil Government and of the administration of Justice
in this Province, according to the appropriations of the said Statutes.
Should there be any surplus remaining after the payment of these Expenses,
the Governor in Chief will then apply that surplus towards defraying the
expenses of such local Establishments and objects of public charge as form no
part of His Majesty's Civil Government, and are not connected with the
administration of Justice.
The Governor in Chief does not, however, flatter himself that there will be
any such surplus; he therefore calls upon the Assembly for the Supply necessary
for defraying the several Expenses of those different local Establishments and
objects of public charge to which he has referred, and which appear by the
Expenditure of last year, which he has caused to be laid before the Assembly
in this Session, will amount to about Thirty-five thousand pounds, including
the Expenses of the Legislature and of the Collection of the public Revenues.
The Governor in Chief deems it to be his indispensable duty to add that,
if these Supplies are not granted, he will have no means to defray the Expenses
of these local establishments and objects of public charge, except where payment has been provided by specific appropriations.
Castle of St. Lewis,      \ -p, P
Quebec, 6th Feby. 1822. J
Dalhoush_s Speech on Prorogation of Assembly, 18 February 1822. x
On a full consideration of the situation of affairs, and of the peculiar circumstances which have led to it, I am satisfied that no benefit to the Public
can be expected from a continuance of this Session, and I have therefore determined to prorogue the Provincial Parliament.
I deeply regret, that it should have been thought proper to have recourse
to the unusual practice of withholding the necessary Supplies. Whatever may
have been the intention of that measure, I am happy to state, that it will not at
all affect the Administration of His Majesty's Civil Government, or of Justice,
1 Journals of Assembly, Lower Canada, 1821-22, pp. 189-190. 80 PUBLIC ARCHIVES
or the Officers employed in either of those departments. The effects will fall |
entirely upon the local Establishments, and will be felt highly injurious to the j
intereste of His Majesty's loyal and faithful Subjects in this Province.
The Proceedings which have led to this measure, have afforded me the
greatest satisfaction of knowing that the Legislative Council of this Provin#
duly appreciate the important duties of their elevated station.
Their conduct has assured me that His Majesty may rest confident of their
firm support in maintaining the true principles of the 'Constitution, and the
just Rights of the Crown, so also it will be the object of my constant study to \
maintain these, and to employ the powers intrusted to me by His Majesty to j
the only end for which they were given—the good of his Subjects.
PETITION TO ASSEMBLY FROM EASTERN TOWNSHIPS 1822*
A Petition of divers Inhabitants of the Eastern Townships, whose names
are thereunto subscribed, was presented to the House by Mr. Davidson, and the
same was received and read, setting forth, That the Inhabitants of the Eastern
Townships again approach the Legislature to state the grievances under which
they continue to suffer, notwithstanding the reiterated representations made in
their numerous Petitions for relief. The Petitioners submit in the first place,
as the most serious and unconstitutional grievance that from the great extent
of the Counties and the absolute impossibility of attending the places of Election
(which are all remote from the Townships,) the people are deprived of their
just and undoubted right of equal and virtual representation in the Legislature
of the Province. To this evil they attribute the numerous discouragements
under which they labour; and the neglect of their former supplications for
redress. The unprotected situation of Persons and Property, arising from the
distance of the Courts of Civil and Criminal Judicature, from the want of
means of securing Offenders, and from the ruinous expenses attending Trials
in the Courts of the Districts as at present laid out. The uncertainty and
hazard attending the purchase of Landed Property, and the consequent litigation and inducements to fraud, proceeding from the want of Offices for
enregistering the transfers and mortgages of real Estates. The general want of
Internal Communications, and of Roads to the Capital and to the Markets of
the Province, arising altogether from the inefficiency of the existing Road Laws,
inapplicable in the present state of Property in this Country, expensive to
establish, and oppressive in operation. The want of local Regulations of Police,
for adjusting Weights and Measures, and other minor objects interesting the
Internal Traffic of the Country. The discouragement to the Agriculture and
Commerce of the Province, arising from the unrestricted introduction of Cattle
and Manufactures into the Townships from the United States. The Petitioners
most earnestly entreat the attention of the House to apply such remedy as may
appear expedient, to the grievances complained of, and they would with all due
1 Journals of Assembly, Lower Canada, 1821-1822, pp. 78-74.   A similar petition was sent to
the Council.   For the deliberations upon it, see Lower Canada, State Book, J., pp. 240-2^2. REPORT FOR THE YEAR 19SS 81
deference to its superior wisdom, suggest the following measures for the consideration of the House, viz. First, the imposition of a Duty of Seventeen and a
half per Cent on all Cattle imported from the United States into the Province,
and the erection of a Port of Entry and Custom House in a Central Part of the
Townships. Second, the establishment of Police Regulations and of Sworn
Meters in each Township. A-modification of the existing Road Act, or preferably, a new Law accommodated to the peculiar tenure and circumstances of
the Lands in this Country. Fourth, the Establishment of a Registry Office for
each District or County, comprehending all Sales, Transfers and Mortgages
of every description of Landed Property, the expenses of the same to be defrayed
by the fees on enregisterments. Fifth, A new division of the Country, by the
erection of one or more new Districts,1 the erection of correspondent Gaols and
Court Houses,, and the establishment of Courts of Justice within the reach of all
the Inhabitants of the Townships. And lastly, the Petitioners implore the
House to adopt immediate measures for admitting the People of the Townships to the exercise of their imprescriptible rights as British Subjects, in the
election of Representatives to the Legislature, by assigning to the Townships
such number of Members as may be proportionate to the importance of the
Country, and the extent of its population.
iThe Judicial Di
71736—6
itrict of St. Francis '
i erected in 1823.  Calendar of State Papers, Addressed by the Secretaries of
State for the Colonies to the Lieutenant Governors
or Officers Administering the Province of
Upper Canada, 1796—1820  G. 53, Pt. I
REPORT FOR THE YEAR 1983
G. 53, Pt. I
Duke of Portland to Major General Simcoe.   No. 14.   Stating      1796
that he had referred to Law Officers, Lieut. Governor's despatch No. Whitehall,
34 and enclosures respecting difficulties which had arisen as to titles Apra22-
to land granted prior to Constitutional act, which required reservations from all grants for Crown and Clergy, and enclosing their
opinion.    (Enclosure.) p. 1
Portland to Simcoe. No. 15. Respecting provision for clergy- Whitehall,
men and school masters in province. He had before him letter fromJune22'
Bishop of Quebec with enclosure from Simcoe. He was not disposed
to agree with Bishop's recommendation that provision should be
made for four clergymen at £150 a year each, exclusive of Mr. Addison. The latter being stationed at Niagara, he would be released
from duty on surrender of that post to United States, and should be
included in the four clergymen for whom provision was being considered. Secretary of State of opinion that £100 would be ample
salary with such additional sum as S.G.P. Would be disposed to grant.
£400 per annum would therefore be placed in Estimates as temporary
provision until Clergy Reserves became sufficiently productive for
maintenance of clergymen. Attention of Governor bespoken for
clergyman accompanying Chief Justice Elmsley. The £500 allocated
for building of churches to be held out, in accordance with Simcoe's
views, as gift or premium to such inhabitants as should first set about
building of churches. Would stay further action till it is seen how
plan worked. Allowance to clergymen must be considered merely
temporary, as it was expected parishioners would provide for their
maintenance until Reserves would be sufficiently productive. As all
ideas of tithes were abandoned, measures must be taken to secure
provision for clergymen's maintenance. Some provision would be
proposed to Parliament for schoolmasters, who should be competent
to teach reading, writing, accounts and mensuration. Stipends should
be moderate, and to be supplemented from scholar's fees. As for
classical instruction, it would seem Quebec or Montreal would be most
suitable in present condition of Upper Canada. p. 39
Portland to Simcoe.   Enclosing copy of explanatory article to Whitehall,
treaty between Great Britain and United States, signed in Phila- July 7-
delphia on May 4.    (Enclosure.) p. 44
Portland to Simcoe. No. 16. Acknowledging despatches Nos. Whitehall,
36, 37 and 39. As Simcoe was expected home very soon, subjects Aug-3,
would be discussed between them. There was only one point, as to
which an observation seemed necessary. The proposed additional
clause in Clergy Revenue bill in despatch of Feb. 1, would be unnecessary in view of remarks in despatch of April 22. That is, that
these remarks extended to grants to be made thereafter in townships
settled before the Constitutional Act. p. 51
Portland to Simcoe.    (Circular.)    The proceedings of the Court Whitehall,
of Spain being so equivocal as to demand the attention of Govern- Aug-27-
ment, Governor was admonished to be on guard as regards hostile
action on part of that power. p. 55
Portland to Simcoe.   (Circular.)   With reference to circular of Whitehall,
August 27, proofs of hostile intentions on part of Spain, had deter- Sept-7-
mined His Majesty to attack the Spanish fleets either singly or united PUBLIC ARCHIVES
G. 53, Pt. I
1797
Whitehall,
March 10.
with those of France or Holland, and to strike any other practicable!
blows against Spain. British subjects notified to be on guard against
attacks, and to do their utmost to distress or annoy them by capture
of ships or destruction of commerce.
Portland to Lieut. Governor. (Circular.) Notice of opening of
hostilities between Great Britain and Spain. Letters of marque or
commissions of privateers would be issued. But, in any event, owners
of all armed vessels might be assured of their share of prizes from
Spanish ships and property. p. 58
Portland to President Russell. No. 1. Transmitting sign manual,
directing appointment of Mr. McGill to Legislative Council, which
was due to verv favorable mention of that gentleman by Simcoe.
p. 60
Portland to Russell. Acknowledging despatches Nos. 2, 3, 4 and
5. As regards the meagreness of the military force left in Upper
Canada, General Prescott was instructed on Dec. 13, to consider
attentively the effect of the recent evacuation of the forts on the
minds of the Indians and to re-arrange the forces in such a way as
should remove suspicions of intentions on part of Government to
withdraw accustomed protection of Indians. The next point (mentioned in No. 5) related to disposal by Indians of lands granted to
them on Grand River. Terms of grant made it clear that although
the lands belonged to Indians, they were precluded from disposing
of them to any persons whatsoever. As river leads into most important part of province, the wisdom of this restriction was evident.
This fact should be represented to Indians, as showing regard for
their welfare as well as for that of whole province. While impressing
Indians with parental regard of H.M. towards them, Russell was
instructed to learn particulars of transactions begun between them
and intending purchasers of land, with view of meeting wishes of
Indians by substituting for lands in question, such an equivalent as
might be equally beneficial to them. Jarvis' petition would receive
attention. p. 62
Portland to Russell. No. 3. With reference to despatch of-.
Jan. 28, relative to lands granted to Indians, subject was gone into in
despatch of March 10, and Russell's reply was awaited. Surprise and
dissatisfaction expressed for dilatory course of Indian Department in
furnishing information desired. Additional Instruction enclosed conveying control over this department to Lieut. Governor, subject to
special orders from Governor General. (Additional Instruction
enclosed.) p. 68
Portland to Russell. No. 4. Transmitting for consideration a
proposition from Governor General Prescott, which met with approbation of H.M., and asking whether it would be adapted to Upper
Canada, with or without modification. p. 76
Enclosure:
Prescott to Portland. (Extract.) On question of imposing additional fee on all grants of land, with view to raising revenue towards
defraying public expenses. As matters stood, there was great difficulty in obtaining accurate information. G. 53, Pt. I
REPORT FOR THE YEAR 1938
There were more than 1000 applications reported upon by Land 1797
Committee before he came to government, and only one grant completed. But he was convinced that had a reasonable fee been exacted
when the granting of the Crown lands began, the Government might
have collected several hundred thousand pounds, without dissatisfac-
tion on part of grantees. He could see no possible objection to imposing additional fees on all future grants. Had the fees from the first
been at rate of £15 per 1000 acres, instead of £3-6-8, the only result
would have been to improve the character of the grantees. At the
present time fees might be higher than in 1792, and after a few millions of acres had been granted and settled, there might be a further
enhancement. It had been suggested to him that all the land® (Crown
and Clergy Reserves excepted) should be put up to auction. This
would produce larger sums than would be got from fees. The Secretary of State would be best judge as to whether this mode of disposal
would be consistent with dignity of Government. If it should be
decided to adopt the system of fees, he would suggest (1) that each
grantee should, if he desired, have 1200 acres (2) that applicants
might petition, either singly or in associated companies and have
thus grants in severalty or as tenants in common. (This would prevent speculators from taking undue advantage of associates). (3)
that fees should be £25 per 1000 acres. (4) that persons having special
claims on H.M.'s benevolence should be required to pay one half suggested fee. Of these fees, he would allocate £6- 5 on each 1000 acres
granted, to pay officers of Land Department. It was further suggested
that all minerals should be included in grants, except gold and silver.
p. 78
Portland to Russell. (Secret and confidential.) From some com- Whitehall,
munications he had with Simcoe in consequence of a speech he enclosed ep '
(not here), he calls attention to Chippewas for purpose of fomenting
jealousies which existed between them and Six Nations and of preventing any good understanding between the two tribes. He suggested
the best line would be to keep them separate and unconnected- with .
one another. Russell was authorized to appoint agent, if necessary,
at moderate salary for Indians resorting to York, and to distribute
presents to those Indians at York. Lieut. Givens was recommended
for appointment. p. 83
Portland to Russell. No. 5. Acknowledging despatches Nos. 8 Whitehall,
& 9. With reference to salary of Rev. Mr. Addison, despatch 0fSept-u-
June 23, would explain intentions of Government respecting salaries
and provision towards church building. Hope expressed that removal
of capital to York would not prove inconvenient enough to impede
administration of justice. Authority given to have built a small armed
vessel for exclusive use of civil governor. On subject of disposal of
Crown Lands, administrator was referred to letter of July 10, and
directed to communicate with Governor General as to mode adopted
in Lower Canada, as it was desirable same procedure should be
adopted in both provinces. Governor General would instruct him as
to subjecting grants of land to additional fees. Grants would include
all minerals except gold and silver. p. 85 PUBLIC ARCHIVES <
Estimate of charge etc.
Salary of the Lieutenant Governor £2000
Chief Justice  1100
Attorney General  300
Solicitor General  100
Two Judges of the Common Pleas—each £500  1000
Clerk of the Crown and Pleas  100
Two Sheriffs—at £100 pr annum each  200
Secretary and Register  300
Clerk of the Council  100
Receiver General of the Revenues  200
Five Executive Councillors each £100  500
Naval Officer ,. 100
Salary of the Bishop's Commissary  150
Temporary Allowance for 4 Clergymen  400
Allowance on Account of Fees, on the receipt and?
Audit ) 250
Agent  200
p. 97
Portland to Russell. No. 6. Acknowledging despatches Nos. 12,
13,14, 15 & 16. Regret expressed for situation created for Six Nations
and Captain Brant, not merely in regard to step Brant obliged administrator to take, but to allowing Brant or any other person to interfere
with system adopted by Government. This could only be due to not
pursuing proper line of conduct towards Indians Who should be made
to understand that they owe warmest gratitude to Government. Every
measure should be taken to prevent united action by the several
nations, and to keep them dependent upon Government. This should
be done in the distribution of presents. Superintendent and agents
should be masters of Indian languages, and should be able to impress
the Indians with their confidence and consequence, to check machinations of an evil-disposed chief. The growth of settlement will make
task easier. The acts mentioned in No. 13 were all approved. Act to
confirm and make valid certain marriages would be submitted for
H.M.'s pleasure. Act for better ascertaining appropriation of lands to
be allotted to use of Protestant Clergy objectionable in respects mentioned and would not be approved. Regarding petition from Legislature, H.M. authorized grammar schools in districts calling for them
and when the time was ripe, the establishment of seminaries for promotion of religious and moral learning and the study of arts and
sciences. Administrator to consult his council and the judges and
law officers and to report to what extent Crown lands might be appropriated and rendered productive towards creation of fund for those
purposes. Respecting memorial of Grey, Solicitor General and of Mrs.
Grey. In postscript further directions are given respecting bill on
appropriations for Protestant Clergy. (Enclosure. To Simcoe March 3,
1796). p. 98
Portland to Russell. (Separate.) Replying to letter of April 18,
requesting permission to make larger grants of land to Chief Justice
and other members of Council than was authorized, Secretary of State
pointed out objections to such .grants being made ex officio. They
should be made for meritorious and distinguished services. He would
recommend case of Chief Justice on those grounds. p. 110
Portland to Russell. No. 7. Acknowledging despatches Nos. 16
to 21 both exclusive. As regards his salary and fees as administrator,'
they would be one half those of the Lieut. Governor, who would receive G. 53, Pt. I
REPORT FOR THE YEAR 1933
the other half. Russell not to execute, or receive salary for executing 1798
office of Puisne Judge as this circumstance would create impression of
connection between executive and judicial authority, which must be
preserved separate and distinct from one another. Decision of Executive Council as to number forming quorum of Council approved. In
answer to No. 18, no time should be lost in making Reserves productive.
Crown lands not to be longer granted gratis, but subject to a fee, to
be devoted to Provincial expenses. Administrator in forming plan for
dealing with lands to keep in communication with Governor General.
Whether these lands should be leased on rack rent for 21 years or on
leases for three lives cannot be determined until further information
was available. Governor or administrator and Executive Council
should be constituted conservators and stewards of this species of
property, and half yearly accounts should be rendered to Treasury,
in order that proceeds may be allocated to requirements of province.
Injunction impressed on administrator to see that affairs of Indian
Department are carried on efficiently. p. 113
J. King to Russell.   Circular.   Calling attention to letter enclosed Whitehall,
from one of the Magistrates appointed to regulate the Metropolitan Jan-18-
police, respecting the circulation of counterfeit dollars manufactured
in London and Birmingham.    (Enclosure.) p. 120
J. King to Russell. Transmitting Order in Council of Dec. 27, Whitehall,
1797, confirming act entitled "An act to extend the provisions of an Feb-10-
act passed in the second session of the first Provincial Parliament of
Upper Canada, entitled an Act to confirm and make valid certain
marriages heretofore contracted in the country now comprised within
the Province of Upper Canada and to provide for the future solemnization of marriage within the same.    (No enclosure.) p. 122
J. King to Russell, Requesting  that  regular  returns  be  made Whitehall,
p-ptino- the Fyppu+ivp P,rmnp.il n    104. March 10.
p. 124 *
respecting the Executive Council
Portland to Russell. (Circular.) Requesting that a printed whit
collection of the acts of the province be sent by first opportunity, and Apnl
that they be sent regularly as soon as issued. p. 125
Portland to Russell. (Circular.) Notifying him, in connection wi"t
with the letter respecting counterfeit coins, that a bill would be laid ay
before Parliament preventing export of base copper coin to colonies.
p. 126
Portland to Russell. (Most secret.) Transmitting copies of cor- ]™«
respondence from Mr. Liston, British Minister to United States, in
which some evidence is furnished of hostile intentions of Six Nation
Indians against Great Britain. Administrator was instructed to adhere
to earlier directions in transactions with Indians. It might be expedient
to temporize with Brant, and, if necessary, apply to Prescott for
additional forces, to strengthen seat of government and other posts.
If Brant should contemplate visit to England, as he intimated to
Liston, he should not be discouraged but be assured of anxiety of
AcLministrator to give effect to any arrangements concluded between
him and Government. In view of threat upon Lower Canada by
French agents in United States, special vigilance would be required
in watching movements between Upper Canada and the Mississippi, p. 128 PUBLIC ARCHIVES
G. 53, Pt. I
1798 Enclosures:
PhUadeiphia, (j) Robert Liston to Lord Grenville.   Expressing regret and alarm
p"  ' at Brant's dissatisfaction as to restriction on disposal of Indian lands.
Liston temporized with Brant, instead of informing him abruptly of
Government's attitude and subject.   Letter from Brant was enclosedjM
Information on good authority reached Minister that a black belt, thjM
emblem of war was sent from Six Nations to their brethren in United
States territories. p. 132
Philadelphia, (2) Liston to Grenville.   (Extract.)   Stating French agents have
April 2. no^ abandoned project of overrunning Canada.   Letters received from
Adet in Paris seem to confirm this news. Mr. Coutteulx, a merchant
in Albany connected with bankers of same name in Europe, was
enthusiastic partisan of plans. He was said to have distributed
literature and some arms in Canada. Minister was in correspondence
with Prescott. p. 134
PhUadeiphia, (3) Liston to Capt. Jos. Brant.   Congratulated him upon Upper
April 3. Canada Government having confirmed sales of land made by him, and
expressing opinion that intervention of Crown in sales would be
proper measure. Undertook to transmit to England any representations Brant chose to make, and assured him of good will of British
Government. Rather deprecates Brant's plan to go to England, as
unnecessary.   Hoped to see Brant in Upper Canada during summer.
p. 137
Grand River, (4) Brant to Liston.   Expressing indebtedness to him for having
Dec. 29,1797. communicated to Home Government the substance of his representations, but disappointment in the answer from the Government, though
he still trusts to H.M.'s regard for justice and equity. He combats
the opinion that, in the original settlement, there was any idea of
restriction upon disposal of lands, which were held as an absolute
and indefeasible estate. Had the suggestion of restrictions been
made, the Indians would never have accepted the grant. He dismissed the idea of the territory being alienated without H.M.'s assent,
the steadfast loyalty of the Indians being sufficient assurance on that
head. They were willing to continue the constant practice of surrendering the lands to the Crown, by whom they would be transferred to purchasers, whereby they necessarily became subjects. The
people surrounding the Reserves were introduced by Simcoe, and
were good subjects. Strong hope expressed that Minister would make
further representation to Home Government, but if not deemed proper,
he (Brant) would acquiesce. Advice asked as to whether personal
representation of claims in England would be necessary. Government
of Upper Canada agreed to confirm sales under negotiation.      p. 140
Quebec, Prescott to Portland.   No. 67.    (Copy.)    Lengthy statement of
Dec. is, 1797.    regulations proposed for the disposal of Crown Lands. p. 146
Whitehall, Portland to Prescott.    (Extract.)    Instructions as to disposal of
June 8,1798. Crown Lands. With respect to claims of old petitioners, Governor
was referred to Secretary of State's despatch No. 15 of Feb. 9. Line
of proceeding in favor of disbanded Loyalists in former instructions
should on no account be departed from. Furthermore, where persons
entitled to grants died without receiving them, their widows and
children, if applicants, should stand in their place. Table of fees to
be formed on following scale: (1) Fees to be paid on grants should
be £25 on every 1000 acres; (2) those entitled to grants under former I G. 53, Pt. I
REPORT FOR THE YEAR 1938
Instructions should be charged £12-10 per 1000 acres; (3) Public
officers concerned in making out and passing grants to receive according to a table of fees, a total of £5-11 on every 1000 acres. This
would leave on ordinary sales £19-9 for Public Service'of Province.
Where only £12-10 per 1000 acres was paid, the officers would receive £2-15-6, leaving £9-4-6 for Public Service. Practice in Nova
Scotia. Instructions to defeat speculators—sell in lots of no more
than 5000 or 6000 acres, require 2 shillings and 6 pence in pound of
purchase money and rest in 3 years. Compensation to departmental
officers to be same for sales as for grants. Care to be taken not to
put up for sale more land than there is demand for, better to put up
rather less. p. 161
Enclosure:—
Proposed fees to Governor and departmental officers.
p. 170
Portland to Russell.   No. 9.   Transmitting memorial from Bene- Whitehall,
diet Arnold, praying for grant of 13,400 acres for himself and family June 12-
and stating that, in view of his services in the American War and at
Guadaloupe, H.M. had acceded to the petition with the special favor
that residence in Canada would not be required.    (Arnold's petition
enclosed.) p. 171
Portland to Russell. No. 10. Informing him that a number of Whitehall,
French Loyalists were going out to settle in Upper Canada (40 besides July 3-
the commander Comte de Puisaye), and directing that they be given
lands according to the scale applied incase of U.E. Loyalists. They
would be supplied with funds and necessaries in England. The Government were considering question of sending out considerable number
of French emigrants then in England, and Administrator was directed
to consider plans for their reception, in consultation with De
Puisaye. p. 175
Portland to Russell. No. 11. Acknowledging despatches Nos. Whitehall,
24-27. The Order-in-Council confirming Marriage Act was trans- J"ly 28'
mitted. (Not here.) The bill respecting reserves for Protestant
Clergy would require amendment. The Act for securing titles to
land in Upper Canada seemed well adapted to purpose. Referring .
to previous correspondence respecting principles on which future land
grants should be made, (on June 8), the question is discussed as to
who should be regarded as coming within pledge given by Government. There should not come within this class loyalists or disbanded
soldiers not residing in the province nor their descendants. Reasons
for decision. Further, except to extent of land allowed under Royal
Instructions, neither loyalists nor disbanded soldiers were to be
exempt from standing fees. In case of grants to be made to loyalists
residing within province, which should be free of all expense, only
one half the usual compensation to officers of Government were to be
allowed. Regulations should be made to secure the taking out of
the proper title deeds and the payment of the fees by all grantees.
For this purpose a moiety of the fees should be required to be paid
on taking out the warrant of survey. p. 179
J. King to Russell.   Enclosing list of French Loyalists mentioned Whitehall,
in despatch of July 5.   (List enclosed.) p. 186 July31-
Prescott to Russell.   Giving a detailed explanation of the regu- Quebec,
lations adopted by him in making grants of land. p. 189 0ct-3- PUBLIC ARCHIVES
G. 53, Pt.M
Enclosures:—
(1) Regulations with observations thereupon. p. 196
(2) Abstract of regulations for administering redress to applicants for Crown Lands, who had embarked upon settlement and cultfi»
vation, in consequence of encouragement given by Executive Govji
ernment. p. 201
(3) Distribution of fees among officers of Government on future
grants of land. p. 207
(4) Observations respecting means of preventing depredations -
on reserved lands in new townships, and rendering them productive.
p. 208
Portland to Russell. No. 12. Acknowledging despatches Nos.
28-34. On question of purchasing the lands of the MississaguIH
between the head of Lake Ontario and the Etobicoke, the opportun!»
for which would doubtless not be long deferred, Indians should not!
be approached on subject. They should be impressed by concern of J
H.M. for their welfare, as shown by the regular donation of presents.
They should manifest gratitude for the favors they received, by pro||
moting to the utmost of their power the interests of His Government!
Enclosed so much of letter to Governor Prescott as related to removal
of Capt. Elliott as a superintendent of Indians in Upper Canada^
Instructions given to assist in rebuilding jail and court house in WesM
em District, which were destroyed by fire. Attention called to defective returns of militia. Plan to secure Crown and Clergy Reserves anal
render them productive approved, but suggesting that the rents be paid!
at rates fixed by the price of corn. Approval given to recommenda-;
tion that lands to extent of 6000 acres each be given to present members of Executive Council, including amounts granted previously
These grants were made as compensation for losses and inconvenience
due to removal of capital from Niagara to York, and were not to be
taken as precedents. Gratification of H.M. at address from LegislaB
tive Council and Assembly transmitted in despatch No. 34, and at
attention given by those bodies to subject of education. p. 212
Enclosure :
Portland to Prescott. (Extract.) Explaining that the object of
placing the officers of the Indian Department in Upper Canada under
Government of that province was to make them more immediately
and directly responsible to the Executive authority in that provi__j™
Mr. Elliott's dismissal seemed to have been highly necessary,   p. 221
Portland to Russell. No. 13. Transmitting two Royal Instructions, one relative to payment of fees on grants of land, the other
directing that except in cases mentioned mines of gold and silver only
were to be reserved on all future grants of land, also, copy of letter
to Prescott as to initial payments on purchases of land, and of another
letter to Prescott relating to Indian department, and to completion of
1st and 2nd battalions of Royal Canadian Volunteers. (Four enclosures.) p. 223
Portland to Russell. (Circular.) Notifying him, in order to correct erroneous impression gathered from circular of May 26, that no
authority was given to raise the nominal value of gold and silver
coins. It simply recommended that the coins in those metals circulating in province should be weighed, and that the proclamation on subject should state what weight such coins should be, allowance being
made for reasonable wear. p. 236 G. 53, Pt. I
REPORT FOR THE YEAR 1938
Portland to Russell.   (Secret.)   Transmitting copy of letter from      17!
Col. Graham of UjS. Army, giving information which had come to him whitehai
as to activities of certain persons sent by the Democratic Society toDec'10'
carry on propaganda work in Canada, in the interest of Jacobinism.
(Enclosure.) p. 239
Portland to Dorchester.   (Extract.)   Respecting the best means whitehai
of rendering the Crown and Clergy Reserves productive, in which sug- f7gf6'
gestion is made that a committee be formed of Executive Council, to
manage these lands. p. 244
Portland to Russell.   (Circular.)   Transmitting copies of Act to whitehai
prevent exportation of base copper coin and base foreign coin to Brit- Aug-16-
ish colonies in North America and West Indies, and giving directions
thereupon.    (No enclosures.) p. 262
G. 53, Pt. II
J. King to Russell. Transmitting copy of Estimates for Upper 1799
Canada for 1799 the total amount of which was £7150. (No en- Whitehall,
closure.) p. 263
Portland to Russell. No. 14. Acknowledging despatches Nos. 35- Whitehall,
41. Approval expressed of course pursued by him and Bishop of Quebec respecting application of Brant for ordination of Mr. Phelps and
his appointment as clergyman to Five Nation Indians. Indians should
understand appointment was made entirely independent of them. No
objection made to recommendation of Council that Crown lands should
be disposed of by sale instead of by grant, if results were better.
Caution given that special favors to U.E. Loyalists to be confined to
their sons and daughters, and not extended to descendants generally.
Regarding mode of sales and terms and conditions reference was made
to despatches Nos. 18 and 36. Lots of land put up for sale to be
reduced to 1000 acres, or such smaller quantities as suit bona fide
settlers. Instructions to Prescott enclosed, for which it appeared that
only in exceptional cases, were grants of 1200 acres to be allowed.
Pleasure expressed that settlements by associated companies had been
avoided in Upper Canada. Decision that only half usual compensation to officers of Government allowed on U.E. Loyalists grants adhered to. Appreciation expressed of D. W. Smith's plan to make
Crown and Clergy Reserves profitable, and his proposals discussed.
Despatch No. 38 with minutes of Council submitted to Committee
for Trade and Foreign Plantations. Reserved bills under consideration.   (Enclosure.) p. 264
J. King to Russell.   Transmitting Order in Council disallowing Whitehall,
Act entitled " An Act for the more uniform laying of Assessment Feb'
throughout this Province," and copy of report of Committee of Privy
Council for Trade, giving reasons for disallowance.   Order in Council
also enclosed confirming following acts:
" An Act for the better Division of this Province."
" An Act to alter the method of performing statute duty on the
highways and roads within this Province."
"An Act to amend part of an Act passed in the thirty fourth
Year of the Reign of His Majesty " entitled " An Act to establish a
superior Court of Civil and Criminal Jurisdiction and to regulate the
Court of Appeal and also to amend and repeal Part of an Act passed PUBLIC ARCHIVES
G. 53, Pt. II
in the Thirty Seventh Year of the Reign of His Majesty, entitled!
An Act for regulating the Practice of the Court of King's Bench ancffl
to make further provision respecting the same. p. 278
(Five enclosures.) p. 281
Portland to Lieut. General Hunter. No. 1. Transmitting decisiolH
and observations on separate despatch of Oct. 10, and despatches!
Nos. 43-47.   Mrs. Grey's application for pension was properly a matteli
for consideration of Commander-in-Chief, but in view of recommenf 1
dation of Government of Upper Canada, he was disposed to recom,-11
mend  it to  His  Majesty.    Despatch  No.  43  required  particulai?;|
consideration, and was approved so far as concerned mode of sale,-!
of Crown lands.   Observations on fees to officers of Government.   As
regards Brant and his attempts to put himself at head of Indian^
tribes in province, the progressive settlement following upon judicious
disposal of Crown lands would remove apprehensions on score of
Indians.   Instructions repeatedly given as to dealing with Indians to
be strictly followed, that they may be brought to that temper of
mind to become willing to dispose of such further tracts as may be1
necessary for public service on the same terms as former bargains.'.
As regards grants to Comte de Puisaye and the 40 French loyalists/
subject was dealt with in despatch No. 10 to Russell.   On subject of
fees French Loyalists to be treated as U.E. Loyalists had been.   As
to rations, it was understood that they were sufficiently supplied with,
funds to make it unnecessary to make further provision, but Lt.;
Governor would exercise his discretion as to allowances in cases of
need. p. 292
J. King to Hunter. (Circular.) Transmitting copy of King|||
speech on closing Parliament on July 12.    (Enclosure.) p. 301
Portland to Hunter. Transmitting copies of letters passing
between Secretary Dundas and himself on question of placing Provincial Regiments on footing of Fencibles to serve throughout North
America generally.    (Two enclosures.) p. 304
Portland to Hunter. (Circular.) On relations between Governors
or officers commanding H.M.'s forces and the Board of Ordinance
with reference to erection or repair of defence works. Copy of regulations in respect to carrying on fortifications or other military
services by direction of Commanders-in-Chief, Governors or other
officers, civil or military.   (Enclosure.) p. 311
Portland to Hunter. (Separate.) Acknowledging Russell's letters
marked separate of July 16 and 18, and expressing H.M.'s satisfaction
at the spirit in which the members of Executive Council received the
grant of land. Report desired on Russell's petition for further mark.
of Royal favor.    (Petition enclosed.) p. 319
J. King to Hunter. (Circular.) Transmitting copies of correspondence passing between British Foreign Minister in Paris anc].
Government of France. p. 327
Portland to Hunter. (Circular.) Transmitting copy of Order-
in-Council of Jan. 15, announcing that, in all cases where H.M'e?
confirmation of a bill passed by a colonial legislature is necessary
to its validity, if confirmation should not be obtained within three
years of the passing of the bill, the bill shall be taken to be disallowed.    (Enclosure.) p. 35X G. 53, Pt. II REPORT FOR THE YEAR 1988
I Portland to Hunter.   No. 4.   Transmitting for guidance copy of      1800
letter written to Duke of York, signifying H.M.'s pleasure respecting w9^t^aJ1*
the preserving the Civil and Military authorities within their proper
limits. p. 357
Enclosure:—
Portland to Duke of York. Whitehall,
Feb. 21.
"By the Copy of His Majesty's Instructions to the Governor,
Lieut: Governor or the person administering the Government of Upper
Canada for the time being, dated the 15th Deer. 1796 which I herewith beg leave to lay before Your Royal Highness, it will appear to
Your Royal Highness that the person in whose hands the Executive
Authority of Upper Canada is placed is exclusively vested with the
management of the Indian Department in that Province, and the
recommendation of the officers necessary to conduct it (subject to
His Majesty's approbation). Your Royal Highness will also observe
that the Instruction enclosed is formed so absolutely on that principle,
that the power of giving any special order with respect to that
Department in case of any sudden emergency which may require it,
is cautiously with:held from the Commander in Chief, and restricted
to the Governor General in his Civil capacity (should there be any
such officer as Governor General then in being) so that it will be
evident to Your Royal Highness that no connection or intercourse
whatever does or was intended to exist in this respect between the
Departments of the Commander in Chief of North America and the
Civil Government of Upper Canada. Your Royal Highness will
therefore see the necessity I am under of representing to Your Royal
Highness against the exercise of a power, which has been I am persuaded inadvertently assumed by His Royal Highness The Duke of
Kent in His capacity of Commander in Chief of His Majesty's Forces
in North America by the appointment of a person to the office of
Deputy Superintendent General of the Indians, which was held by
the late Colonel McKee & which is, as Your Royal Highness will
observe by the Instructions above referred to, an office in the Civil
Establishment of Upper Canada & distinctly in the appointment of
the Civil Government of that Province.
I forbear from troubling Your Royal Highness with a detail of
the Duties of the office, or with the reasons which make it indispen-
sibly necessary that it should be filled by a person who is intimately
conversant with the Interests, Dispositions, language and Customs of
the Indians in that quarter of the World, because it will be evident
to Your Royal Highness's Superior judgment that in this as well as
in every other Instance the Administration of His Majesty's Colonial
Governments cannot be carried on with propriety unless the Governors, Lieut: Governors or Persons administering the same are alone
responsible for the exercise of that authority which His Majesty has
thought proper to place in their hands, that it is therefore absolutely
necessary that their responsibility should in no degree be diminished
by the interference of any other person, the consequence of which
would be to afford & hold out a ground of excuse or apology to be
resorted to on the part of the Governors in the Colonies for any act
of misconduct which they might commit in the administration of the
Governments over which they preside. PUBLIC ARCHIVES
G. 53, Pt. II
1800 Having felt it to be my Duty to represent this case to The King|.
I have received His Majesty's Commands to acquaint Your Royal
Highness that it is His Majesty's pleasure that His Royal Highness
The Duke of Kent should be forthwith informed that the Civil Con- !
cerns of all His Majesty's North American Provinces, and the appointments to Civil offices of every description within the same, can only be
managed and recommended to by the persons administering the Civil
Governments therein submitted to The King thro' that Department
with which His Majesty has directed them to correspond; and consequently that the office lately held by Col: McKee is now and must be
considered to all intents and purposes as vacant, untill His Majesty's ;
pleasure with respect to Col: McKee's Successor be signified to the
Lieutenant Governor of Upper Canada whose Duty it is to submit
(in conformity to the enclosed Instructions) through one of His
Majesty's principal Secretaries of State, the name of such person, with
an account of his character and Services, as he shall esteem to be best
qualified for fulfilling the Duties of such office, for His Majesty's
further Directions therein: It being His Majesty's opinion that a
strict & invariably adherence to these His Majesty's Commands is
indispensably necessary to preserve the Conduct & management of
the public Service in its regular & established course." p. 359
Whitehall, Portland to Hunter. No. 5. Transmitting copy of reply of Duke
March 8.        cf YOTk to letter of Feb. 21. p. 365
Enclosures:—
Horse Guards, (1) Duke of York to Portland.   Transmitting copy of letter to
March 7.        Duke of Kent. p.. 367
Horse Guards, (2) Duke of York to Duke of Kent. Conveying to him substance
March 6. 0f Portland's letter of Feb. 21, with directions to comply with iff
terms. p. 368
Whitehall, Portland to Hunter. No. 6.   With reference to earlier correspond-
March 13.' ence, (his despatch of Nov. 4, 1797, and Russell's No, 54 of Feb. 12,
1799), authority was given for the completion of the purchase of
Speaker Smith's property near Newark for a school for the Home
District. There should be seven trustees—the Governor or Administrator, the Bishop of Quebec, the Chief Justice, and the Speaker of
the Assembly, and three others to be appointed by Governor. Letter
was enclosed from Phyn, Inglis & Co. reporting that North West Company had applied to the Council of Upper Canada for grant of tract
of land at Sault Ste Marie, and that compliance with application would
be injurious to others engaged in fur trade. As remonstrance seemed
very reasonable, the grant must not be made until Governor has
reported and received H.M.'s instructions on subject.    (Enclosure.)
p. 370
Whitehall, J. King to Hunter.   Transmitting details of Estimates for £7950
April i. voted by Parliament for Upper Canada. p. 379 G. 53, Pt. II
REPORT FOR THE YEAR 1938
Enclosure:
Copy
Estimate of the charge of defraying Civil Establishments of Upper
Canada from Jan. 1 to Dec. 31. p. 380
"Salary of the Lieutenant Governor  £2000 - -
Chief Justice  1100 - -
Attorney General  300 - -
Solicitor General  100 - -
Two Judges of the Court of Common Pleas £750 ea.. 1500 - -
Clerk of the Crown and Pleas  100 - -
Two Sheriff @ flOO each  200 - -
Secretary and Register  300 - -
Clerk of the Council  100 - -
Receiver General of the Revenues  200 - -
Five Executive Councillors, Each £100  500 - -
Surveyor General of Lands  300 - -
Naval Officer  100 - -
Salary of the Bishops Commissary  150 - -
Temporary allowance for four Clergymen  400 - -
Allowance to the Widow of Lt. Col: Campbell, late
Governor of the Bermudas in reward of his firm
& judicious Conduct and able services at the
Myamis and in consideration of her straitened
circumstances  150 - -
Allowance on Account of Fees on the receipts and
audit  250 - -
Agent  200 - -
Portland to Hunter.    (Private.)    Transmitting  memorial   from Whitehall,
D. W. Smith, Speaker of Assembly, and stating that provision would Apri19-
be made for salary to him of £300 per annum for services as Surveyor
General.   Lt. Governor to report on his application for sum of £700
to make his salary £300 a year for seven previous years.   Enclosure.
p. 382
Portland to Hunter.   No. 7.   Instructing that White, Attorney Whitehall,
General be put on footing of members of Executive Council as regards May 7.
grant of land for special consideration, and that, as White had died,
the land be put in trust for widow and children. p. 388
Portland to Hunter. (Circular.) Instructing, at instance of Whitehall,
Commissioners for auditing Public Accounts, that rates of exchange July 18- '
and current prices of commodities be reported monthly. p. 391
Portland to Hunter. (Separate.) Respecting fees to be paid on Whitehall,
grant of land to Brig. Gen. Arnold. p. 395 July 24-
Portland to Hunter. No. 8. Acknowledging despatches Nos. 1-8, Whitehall,
and separate of June 1, August 21,1799 and March 7, 1800. ApprovalJuly *
expressed of measures taken by Lieut. Governor on occasions of his
absence from York on military duty, and of line of conduct adopted
as regards French Loyalists. Their rank in French army which would
determine the quantities of land each would receive to be determined
by satisfactory evidence. Doubts as to validity of titles to land
granted to them submitted to Law Officers. Despatch No. 3 respecting two Canadian battalions referred to Duke of York and Mr.
Dundas; nothing can be done as regards proposed extension of service. List of goods for Indians was transferred to Treasury. On
subject of appointment to vacancy created in Indian Department by
death of Col. McKee, reference was made to despatch No. 4 with
enclosures.     Respecting   construction   of   powder   magazine   and PUBLIC ARCHIVES
G. 53, Pt. II
1801
Whitehall,
ordnance stores on Cape Diamond, Quebec, subject was referred to
Ordnance Department. If orders have not issued from that Department, Hunter authorized to set about construction at once. Thomas
Scott of Lincoln's Inn was appointed Attorney General. Satisfaction
expressed as to the manner in which Russell performed duties as
administrator. Appointment of Capt. Claus as Deputy Superintendent General of Indian Affairs at £400 a year, mentioned in
despatch No. 8, just received, was confirmed. Language employed
towards Brant should produce desired effect. p. 398
Portland to Hunter. Acknowledging despatches Nos. 9-12. Plan
approved for temporary provision for Clergy of Established Church.
Continued efforts being made to supply province with respectable
clergymen. If number of small town lots prove to be too small for
consideration, no change need be made in general scale of remuneration of officers of Government, but facts should be recorded by minute
in Council register. As regards provision for reserves for Clergy in
lands granted before 31 Geo. Ill c. 31, if opinion of Provincial law
officers could be adopted and earlier patents cancelled and replaced
by patents containing customary reservations for Clergy, that would
be most satisfactory settlement of difficulty. Chief Justice Elmsley's
statement of reasons for departing from chequered diagram in making
Crown and Clergy Reserves in cases specified satisfactory. Speech on
opening Legislature approved. As management of Indian Department
in Lower Canada was vested in Lieut. Governor of that province, he
should receive from Hunter warrants for sums necessary for conducting department. p. 407
Portland to Hunter. (Circular.) Transmitting copy of Order
in Council of Nov. 5 setting Royal style and title and ensigns armorial
on union of Kingdoms of Great Britain and Ireland. Draughts of
Royal arms, standard and union flags were also annexed. (Enclosure.)
p. 412
Portland to Hunter. (Circular.) Instructions as to cultivation of
hemp. p. 421
Portland to Hunter. (Circular.) Transmitting copies of proclamation signed that day declaring Royal style and titles appertaining
to Imperial Crown of United Kingdom, and ensigns armorial, flags,
and banners thereof, and also of proclamation declaring what ensigns
or colors should be borne by merchant ships or vessels. Instructions
also given as to changes necessary in Book of Common Prayer.
(Three enclosures.) p. 426
Portland to Hunter. No. 10. Acknowledging despatches Nos.
13 to 22. Return of lands granted by Russell between July 3 and.
August 15, 1799, was so large—averaging 459 acres per grant—that it
was assumed that it must include grants to members of Executive
Council and to U.E. Loyalists under old regulations. Return of
Militia appeared unduly small. Concurrence expressed in "very able"
report of Executive Council enclosed in No. 15, and directions given
to carry it into effect. Accounts of Crown and Clergy Reserves to be
kept separate. Former would create fund for public purposes to be
settled by H.M. Rents from Clergy Reserves leases to be deposited
in the Funds to be used for parsons and parsonages. D. W. Smith's
house not suitable for school, and not to be purchased.   He is to be G. 53, Pt. II REPORT FOR THE YEAR 1983 99
given the £700 applied for. Requisitions for clothing for militia and 1801
for Indian presents transmitted to Treasury. Part of despatch No. 21
relating to 1st and 2nd Canadian Battalions and respecting desertions
transferred to Duke of York. Copy of letter to Prescott of April 19,
1799, respecting accounts of the two Royal Canadian Volunteer battalions enclosed. (Not here.) Satisfaction expressed at improvement
of roads between Upper Canada and Quebec. Letter from Brant to
Dorchester of Oct. 10, 1800 enclosed. (Not here.) Copy of letter
from Nepean to Mr. King respecting frigate which convoyed trade
from Quebec to England. (Not here.) Extract of letter of this date
to Lt. Governor Milnes from which it appears that administration of
Indian Department would continue to be paid for from Army Extra-
ordinaries.  Enclosure. p. 444
Portland to Hunter.    (Circular.)    Transmitting warrant under Whitehall,
Royal sign manual authorizing continuance temporarily of existingJan- 10,
seal of province.   (Enclosure.) p. 452
Portland to Hunter.   Instructing, on representation of Executive Whitehall,
Council, that additions be made to salaries of clerks in Government J»1»- 10-
offices.   (Two minutes of Council enclosed.) p. 454
Portland to Hunter.   With reference to despatch from Lieut, wutehau,
Governor of November 19, instructions were given, on opinion of Law e ' * '
Officers, that Mr. Le Couteulx be detained as prisoner of war, unless
information in Lieut. Governor's hand would warrant criminal prosecution which, in such event, should be proceeded with.   (Opinion of
Law Officers enclosed.) p. 464
Portland to Hunter.   Acknowledging despatches Nos. 27 and 28,3gt*aU'
and stating that information respecting hemp culture was communicated to Committee of P.C. for Trade. p. 470
Lengthy statement by William Berczy as to his activities in
bringing immigrants into Upper Canada and settling them; with some
observations thereupon by John King, Under Secretary,    pp. 471-552
J. King to Hunter.   Stating that Duke of Portland was sending wj*lite.jial,>
authority to grant 64,000  acres of land to William Berczy, and   y '
inviting attention to some observations by himself on subject,   p. 553
J. King to Hunter.   (Circular.)   Notice of resignation of Duke wl^d61,
of Portland, and stating that by directions of Lord Pelham, he was ugus
sending copies of His Grace's letters of July 4. p. 554
Portland to Hunter.   On canal at Cascades,  and instructions Whitehall,
respecting grants to French Loyalists which were deferred.   In C. 620 June 6-
pp. 8 & 9.
Portland to Hunter.   (Copy.)   Enclosing letter from Committee Whitehall,
of Privy Council recommending grant of 64,000 acres of land to Wil- JuIy |
ham Berczy, and copy of Berczy's petition on subject (pp. 471-552) ;
and authorizing that Berczy's statement being found substantially
true, the grant be made to Berczy and his heirs, subject to Crown and
Clergy Reservations, and to payment of usual fees. p. 556
Lord Hobart to Hunter.   (Circular.)   Notification of his accès- Downing st.,
sion to administration of Colonial Department. p. 558 Au8- '•
71738—7_ PUBLIC ARCHIVES G. 53, Pt. Q |
Hobart to Hunter.   No. 1.   Acknowledging despatch No. 29, and i
conveying expression of H.M.'s satisfaction with proceedings of Legislature.   Report on hemp culture would be laid before Committee «
Privy Council. p. 558 |
Hobart to Hunter.    (Circular.)   Notification of preli-ninariee of
Peace being signed between England and France on Oct. 1.       p. 561
Hobart to Hunter.    (Circular.)    Notification of ratifications m
treaty of Peace being signed on Oct. 10. p. 562
Hobart to Hunter. No. 2. Acknowledging despatches Nos. 30 !
and 31. Satisfaction expressed with proceedings of Assembly respect-- I
ing culture of hemp. Asking for report on Judge Powell's petition for !
grant of land, similar to that made to Executive Councillors. Question of establishing Court of Chancery to be laid before King in j
Council. p. 564
Hobart to Hunter.   No. 3.   Acknowledging despatch No. 32, and
authorizing purchase of D. W. Smith's house at Niagara for officers' ;
barracks. p. 566
Hobart to Hunter.   No. 4.   Acknowledging despatches Nos. 3» |
to 37 and Nos. 1 & 2.   Question of grants of land to French Loyalist j
to be dealt with later.   Application of Elliott, late Superintende_|
General of Indian Department for reconsideration of his case to be !
reported upon.   Requisitions for clothing for Royal Canadian Volun- !
teers and for Indian stores and presents sent to Treasury.    (Three i
letters respecting Elliott's dismissal enclosed.)                             p. 568
Portland to Hunter. Acknowledging despatches Nos. 58 to 69.
With respect to Nos. 58 and 62 on Indian affairs, reference is made
to Additional Instructions of Dec. 15, 1796, directing that these affairs
so far as they relate to Upper Canada were to be under management
of Lt. Governor or Administrator of Upper Canada, subject to specil» |
orders from Governor General. Names of persons proper to fill vacancies to be submitted to Colonial Secretary. Regarding Mr. De Pui_ajg| ;
and French Loyalists, reference is made to letter of June 11. Progress
of Upper Canada indicated necessity of clergymen in province. Difficulty of inducing clergymen of Church of England to settle in thei#
Reverend Mr. Reddish must be in Upper Canada already. Estimât»
include £400 for clergy in Upper Canada. Legislature should make
provision until Reserves become productive. Approval of road construction. Brant's conduct very unsatisfactory in endeavouring to
consolidate the Indians with himself at head contrary to policy of
Government, which desired to keep the interests of several nations as
disunited and separate as possible. Brant's idea of presents as rewards
for past good conduct to be discountenanced. They should be impressed with fact that presents depend on the Indians using best
efforts to promote interests of Sovereign. Objections to act " for tte
better ascertaining the appropriations of lands to be allotted to the
use of a Protestant Clergy." Gratification of His Majesty for grant
by Legislature of surplus revenue for purposes of Empire. p. 579 REPORT FOR THE YEAR 1933
G. 54 (Part I) (1802-1803)
Hobart to Hunter. No. 5. Transmitting for attention a memo,
by Sir Alexander Mackenzie, suggesting the construction of a canal
to connect the waters of Lake Ontario with Montreal; also, requiring
report on petition from Mrs. Van Allen for grant of land. p. 1
Enclosures:—
Memo, pointing out the Americans had in contemplation a canal
communication from Albany to Schenectady thence along Mohawk
river to Wood Creek to Lake Ontario, with design of securing western
trade; and that a superior counter scheme would be a canal connecting
Lake Ontario by navigable waters with Montreal. p. 4
1802
Downing St.,
Feb. 4.
(2) Petition of Mrs. Hannah Van Allen
. 10 v
May 1
Hobart to Hunter.   Transmitting copy of letter from Mr. Morton Downing st.,
Pitt, recommending to attention Matthew Scott who was proceeding March 29'
to settle-in Upper Canada; and requesting that he may receive favorable consideration at Hunter's hands.   (Enclosure.) p. 12
Hobart to Hunter. No. 6. Transmitting opinion of Law Officers Downing st.,
on question "how far a title to lands could be made out before their AprU 8-
disabilities as aliens were removed"; also, Order in Council approving
of report on draft of bill transmitted in despatch No. 31 for establishing Court of Chancery. As regards French Loyalists, since Law
Officers gave opinion that they could not secure titles unless naturalized, Lieut. Governor was directed to furnish list of those who would
be desirous of obtaining lands under that arrangement. In meantime
allotments should be made to them under instructions of July 11 and
August 7, 1783, or of 1786-7. p. 17
Enclosures:
Edwd. Law and Sp. Percival.   Expressing opinion provisionally, July 23, I801.
as they wished to see if further light could be had from Proclamation
of 1763. p. 20
Edwd. Law and Sp. Percival.   Giving final opinion that grants of Jà_. s, 1802.
land could not. be legally made to persons being aliens not naturalized
or made denizens. p. 22
Order in Council approving of report of Committee of Council Court of
for Trade and Plantations (1) that institution of office of Judge of ^^
Court of Chancery distinct from Chancellor is so novel as not to be
adopted except on very serious consideration; (2) that Governor is
already vested with sufficient authority to exercise equity jurisdiction,
and he should call for assistance of any of the judges in framing regulations and forms for conduct of business; (3) that, with such assistance, he should frame table of fees, to be approved by His Majesty.
p. 25
Sp. Percival and V. Gibbs to Earl Camden.   (Copy.)   Express- Lincoln, inn
ing opinion that it would be competent to the Legislatures of Upper ^s,Ui im
and Lower Canada to enact legislation authorizing the grant of lands
to such aliens as H.M. may think proper to grant them to, the lands
to be held in full title. p. 28 1802
Downing St.
May 1.
PUBLIC ARCHIVES G. 54, Pt. I
Hobart to Hunter.   (Circular.)   Transmitting copy of Treaty of
peace between England, France and Spain, and Batavian Republic
concluded at Amiens on March 27,1802; also, a copy of Proclamation 1
issued on that occasion. p. 30
Enclosures :
(1) Treaty of Amiens. p. 131
(2) Proclamation. p. 149
Hobart to Hunter.   (Circular.)   Transmitting Proclamation and
"Abstract of the Regulations contained in an Act, passed in the 34th
year of His present Majesty's Reign, intituled, "An Act for thd|.;
further Encouragement of British Mariners, and for other purpose»!
therein mentioned, respecting the Manner in which British Ships^
shall be navigated after the Conclusion of the War. p. 31
Enclosure. p. 150|
John Sullivan to Hunter.    (Circular.)    Transmitting Estimate!
of expenditure for Upper Canada, total of which was £7,950.      p. 32
Enclosure: p. 33
Estimate of the Charge of defraying the Civil Establishment of the|
Province of Upper Canada in America from the 1st of January
to the 31st of December 1802.
Salary of the Lieutenant Governor  2000 " "
Salary of the Chief Justice  1100 " "
Salary of the Attorney General   .. 300 " "
Salary of the Solicitor General  100 " "
Two Judges of the Court of Common Pleas each.. 1500 " "
£750
Clerk of the Crown & Pleas  100 " "
Two Sheriffs at £100 each  200 " "
Secretary & Register  300 " "
Clerk of the Council  100 " "
Receiver General of the Revenues  200 * "
Five Executive Councillors each £100  500 " "
Surveyor General of Lands  300 " "
Naval Officer  100 " "
Salary of the Bishop's Commissary  150 " "
Temporary Allowance for Four Clergymen  400 " "
Allowance to the Widow of the late Lieut. Colonel]
Campbell, Governor of the Bermudas in reward)
of his firm & Judicious Conduct and able ser-J- 150 " "
vices at the Myamis, and  in Consideration of
her straightened circumstances, per Annum..  . .J
Allowance on Account of Fees on the receipt & Audit. 250 " "
Agent  200 " "
£7,950   "   "
Hobart to Hunter. No. 7. Acknowledging despatches Nos. 3-6.
Copy of Report of Executive Council upon Berczy's petition for
64,000 acres of land laid before Committee of Privy Council. Judge
Powell's petition for grant of land on same terms as grant to Execu-v
tive Council, recommended in despatch No. 6, has been acceded to.I
p. 34
Hobart. to Hunter. No. 8. Notifying appointment of Mr. Alcoek;
to Chief Justiceship, in succession to Elmsley, and his appointment
to Executive and Legislative Councils. Chief Justice Cochrane of?
Prince Edward Island appointed to puisne judgeship in Uppe®
Canada. p. 36 t G. 54, Pt. I REPORT FOR THE YEAR 1933
Hobart to Hunter. No. 9. Conveying approval of following
Provincial Acts: Jj
"An Act to continue an Act passed in the Thirty seventh year
of His Majesty's Reign entitled An Act for the better securing the
Province against the King's Enemies."
" An Act to prevent Acts of the Legislature from taking effect
from a time prior to the passing thereof."
" An Act to remove doubts with respect to the Authority under
which the Courts of General Quarter Sessions of the Peace and other
Courts have been erected and holden and other matters relating to
the Administration of Justice done in the several districts of this
Province and also to fix the times of holding the Courts of General
Quarter Sessions of the Peace in and for the same."
" An Act the better to adapt the Establishment of the Court
of Kings Bench to the present situation of this Province."
" An Act to regulate the Statute Labour to be done upon the
Roads in the Tract occupied by the Huron Indians in the County of
Essex in the Western Districts."
"An Act to authorize the Governors, Lieutenant Governor, or
Person administring the Government to appoint Inspectors of Flour
Pot and Pearl Ashes within this Province."
" An Act to ratify and confirm certain Provisional Articles of
Agreement entered into by the respective Commissioners of this
Province and of Lower Canada at Quebec, on the second day of
February One Thousand Eight Hundred and one relative to Duties
and for carrying the same into effect, and also to continue an Act
passed in the Thirty Ninth year of His Majesty's Reign.
" An Act to prevent the Sale of Spirituous Liquors and Strong
Waters in the Tract occupied by the Moravian Indians on the River
Thames in the Western Districts.
I An Act for granting to His Majesty a certain Sum of Money
out of the Provincial Fund to defray the payment of the Salaries of
the Officers of the Legislative Council and House of Assembly (including the Commissioners to Lower Canada) and to defray the
Contingent Expences thereof, and further to appropriate the Supplies
and provide for the payment of the same hereafter."
" An Act for granting to His Majesty His Heirs & Successors to
and for the uses of this Province the like duties on Goods and Merchandize brought into this Province from the United States of
America as are now paid on Goods and Merchandize imported from
Great Britain and other places."
" An Act to empower the Commissioners of the Peace for the
Midland District in their Court of General Quarter Sessions assembled
to establish and regulate a Market in and for the Town of Kingston
in the said district."
" An Act for the further Regulation of the Militia of this Province and the more effectual Punishment of Offenders against the
Militia Laws."
The Acts Intituled " An Act to enable Femme Coverts having
real Estate or Interest in real Estate more conveniently to aliène the
same"—And "An Act to allow time for the Sale of Lands and Tenements by the Sheriff"—which you had reserved for the signification of
His Majesty's Pleasure still remain under the consideration of the
Lords of the Committee of Privy Council. p. 39 PUBLIC ARCHIVES
G. 54, Pt. I
Sullivan to Hunter. (Circular.) Transmitting copy of letter to
Treasury on subject of providing the Colonial troops with fresh meaff
and other necessaries on the spot, and requesting information as toj
prices and quantities to be obtained and required.    (Enclosure.)
p. 44
Hobart to Hunter. No. 10. Acknowledging despatches Nos.
7-12, and transmitting Order in Council confirming two acts which;
had been reserved, viz:—
"An Act to allow time for the sale of lands and tenements by the
Sheriff,
"An Act to enable Femmes Coverts having real estate or interes»
in real estate more conveniently to alien the same."
With order respecting latter act was letter stating opinion of
Committee for Trade and Plantations upon some points relative to it.
Copy of letter was enclosed.
The other acts viz:—
I An Act for the more uniform laying of assessments and rates
throughout the Province " was also confirmed, and "An Act to declare
the rights of certain grantees of Waste Lands of the Crown " wasj-
disallowed for reasons stated.    (Four enclosures.) p. 49
Hobart to Hunter. No. 11. Stating that the Earl of Selkirk had
plans for a settlement in the district of the Fall of St. Mary, and to
place a number of people and desired a grant of land, proportioned
in size to the number he would settle. Lieut. Governor was requested
to facilitate the arrangements of Selkirk's agent Richard Savage,   p. 61
Hobart to Hunter. No. 12. Respecting petition from widow of
General Arnold regarding fees on the grant to him and his family.
Also, enclosing a letter from F. Freeling respecting the salary of
Thomas Ridout in the Surveyor General's office. (Enclosure, with a
memo, of Ridout's services.) p. 63
Hobart to Hunter. No. 13. Acknowledging despatches Nos.
13-18. Approval given to draughts of leases of Crown and Clergy
Reserves. Stating that Matthew Scott had decided to settle in Lower
Canada. p. 71
Hobart to Hunter. (Circular.) Transmitting copy of letter from
Privy Council, enclosing forms of declaration and certificates relative
to regulations of Quarantine of Goods, the growth of Turkey or Bar-
bary. 'P-TfE
Enclosure:—
Declaration forms.
p. 151
Hobart to Hunter. No. 14. Acknowledging despatches Nos.
19-22. Requisition for Indian presents sent to Treasury. Respecting
return of bill for £800 drawn upon Agent for colony and returned
protested. p. 78
Hobart to Hunter. No. 15. Respecting grant of land to widow
and children of late Attorney General White. p. 79 JG. 54, Pt. I REPORT FOR THE YEAR 1988 105
Sullivan to Hunter.   Transmitting copy of speech by which King      1802
[opened Parliament on Nov. 23. p.81 Downing st.,
Enclosure:
King's speech with addresses from both Houses. p. 156
Sullivan to Hunter.   Transmitting copy of letter he wrote to Downing st.,
Treasury, respecting Hunter's report on supply of troops with pro- Dec- 2-
visions on the spot;  also, copy of letter to Lieut. General Grinfield
on supplying troops in West Indies from Canada and Nova Scotia.
(Two enclosures.) p. 82
Sullivan to Hunter.    (Circular.)    Transmitting Order-in-Council Downing st.,
I respecting Mediterranean passes with printed copies of regulations. Dec- 15-
(Not herewith.) p. 89
Hobart to Hunter.   No. 16.   Authority to grant 5000 acres of      1803
land to Mr. Talbot, and to reserve a further quantity contiguous to 50^n«8 st--
his grants. G. 104A
Hobart to Hunter. (Separate.) Stating that Earl of Selkirk Downing st.,
had applied for grant of land in Upper Canada upon which heFtb' 28-
proposed to place a number of settlers, and directing that, on Selkirk's
application to Lieut. Governor, he was to receive 1200 acres in any
township not already appropriated, and instructing that the remainder
of the township be reserved for period not exceeding five years for
purpose of appropriating to him 200 acres for every family he may
settle, on the understanding that, out of the 200 acres, 50 should be
assigned to each family settling. p. 90
Hobart to Hunter. No. 17. Stating that a body of Highlanders, Downing st.,
mostly Macdonald's and partly disbanded soldiers of late Glengarry March |
Fencible Regiment with families were proceeding to Upper Canada,
accompanied by their pastor Mr. Macdonell formerly chaplain to the
Glengarry Regiment, and directing that arrangements to settle them
in any unappropriated part of the province they may choose. Mr.
Macdonell to receive 1200 acres, and each family settled 200 acres.
p. 93
Hobart to Hunter.    (Circular.)    Transmitting copies of two Downing st.,
messages from King to Parliament with addresses in reply thereto. March 12-
Though it was King's wish that peace might be maintained if that
was possible with honor, it was thought proper to send out these
communications. p. 95
Enclosures:—
(1) Message stating that in view of preparation being made in
the ports of France and Holland, he has thought it expedient to call
out militia. P- 96
(2) Message expressing confidence that Parliament would adopt
such measures as appeared to be required to support honor of Crown
and essential interests of people. P- 97
(3) Two replies to these messages. p. 98
Hobart to  Hunter.    No.  18.    Instructing him  to make  as Downing st.,
advantageous allotment of land to Colonel Barclay, Consul GeneralApnl 2-
in United States or to any of his family intending to settle in
province, as regulations would permit. p. 101
Hobart to Hunter.  Introducing Mr. Cochran who was appointed gj™^ ||
to be a judge in Court of Common Pleas in Upper Canada.      p. 102 1803
Downing St..
PUBLIC ARCHIVES G. 54, Pt. II
Hobart to Hunter. (Circular Secret.) Instructing him that,n
as there was little prospect for continuance of peace with France, to '
have utmost vigilance exercised in every department of Governmeni»
p. 103
Hobart to  Hunter.     (Circular.)     Stating,  with  reference  to U
circular of May 7, that British Ambassador left Paris on May l&fl
Letters of marque or commissions of privateers should be issued»
without delay, and utmost publicity given to news of reopening of
war. p. 104 |
Hobart to Hunter.    (Circular.)    Transmitting  copy of Order a
in Council of May 16, directing detention of all vessels of French or
Batavian   citizens  found  in  harbours   etc  within  British  Empire^
(Enclosure.) p. 1071
Hobart to Hunter. (Circular.) Transmitting papers relating to 1
late discussions between Governments of England and France. (NofB
herewith.) p. Ill i
Hobart to Hunter. (Circular.) Stating that the British Min- |
ister in Batavian Republic had been recalled, and that Letters of J
Marque and Reprisal had been ordered against the Republic,   p. 112
Hobart to Hunter. (Circular.) Transmitting two Orders in jj
Council dated June 1 and 8 respectively as to British property goinga
under Batavian flag from any colonies late in H.M.'s possession but!
restored by treaty of peace to the Republic; and directing that the|B
be observed.    (Two enclosures.) p. 114 1
Sullivan to Hunter. (Circular.) Enclosing Estimate for Upper .
Canada expenditure for 1803, totalling £8,900. p. 121 |
Enclosure:—
Copy
Estimate of the charge for defraying the Civil Establishment of j
the Province of Upper Canada in America from the 1st of January to 1
the 31st of December 1803—
Salary of the Lieut. Governor  £2000
Salary of the Chief Justice  1100
Salary of the Attorney General  300
Salary of the Solicitor General  100
Two Judges of the Court of Common Pleas each £750. 1500
Clerk of the Crown, and Pleas  100
Two Sheriffs at £100 each  200
Secretary and Register  300
Clerk of the Council  100
Receiver General of the Revenues  200
Five Executive Councillors each £100  500
Surveyor General of Lands  300
Naval Officer  100
Salary of the Bishop's Commissary  150
Temporary allowance for four Clergymen  400
Allowance towards building Churches  800
Allowance to the Widow of the late Lieut. Colonel
Campbell Governor of the Bermudas, in reward
of his firm and judicious conduct & able Services
at  the  Myamis,   and   in  consideration   of   her
straighten'd circumstances per annum  150
Allowance on account of arrears due to the Representatives of Mr. J. White late Attorney General
of this Province for half a Years Salary due
the 31st Deer. 1799  150
Allowance  on  account  of  Fees  on  the  Receipt  &
Audit  250
Agent  200
p.  122 G. 54, Pt. I REPORT FOR THE YEAR 1933 10'
Sullivan to Hunter.   (Circular.)   Transmitting printed copies of      1803
King's speech on opening Parliament on Nov. 22, and of addresses in Downing st.,
reply. p. 123 Nov' u'
Enclosures. p. 164
Hobart to Hunter.   No. 19.   Transmitting memorial from Chief Downing st.,
Justice Elmsley, late of Upper Canada, then of Lower Canada, praying Deo-10-
that his residence in York be purchased for use of Government, and
stating that the circumstances inclined him to take the property off
his hands, if it could be put to use by Government; and requesting
full report.   (Enclosure.) p. 124
Hobart to Hunter.    (Circular.)     Transmitting   Extraordinary Downing st.,
Gazette announcing arrival of Mr.  Moore, Assistant Secretary to^rch 31j
Marquis Cornwallis with definitive Treaty of Peace signed at Amiens,
on March 27.    (Two copies herewith.) p. 128
G. 54, Part II (1804-05)
Hobart to Hunter.    No. 20.    Acknowledging despatches Nos.      1804
23-43.    As regards No. 27, the augmented table of fees in Land Downing st.,
Granting Department recommended by Executive Council was author- Jan- 9-
ized.   Chief Justice Alcock's application for increased compensation
transmitted in No. 33 not allowed.  Col. Mann's report having shown
necessity of new establishment at Fort Erie, authority was given to
start work upon it. p. 171
Hobart to Hunter..   No. 21.   Requesting full report on every Downing st.,
article of supply lodged in public departments. p. 174 Jan-9-
Hobart to Hunter.   No. 22.   Acknowledging despatches Nos. 44 Downing st.,
and 45.   Leave of absence for six months granted to Chief Justice March 10-
Alcock.   Authority given to restore to Sir John Johnson the £200
extra allowance granted during Dorchester's government but discontinued since Dec. 24, 1800. p. 175
Hobart to Hunter.  No. 23.   Authorizing grant of land to Vicomte Downing st.,
de Vaux formerly Marshal de Camp on same terms as grants to March 10-
French Loyalists. P- 177
Hobart to Hunter.   No. 24.    Stating that circumstances had Downing st.,
prevented the disbanded soldiers of Glengarry Fencibles from going April 7.
to Canada as announced on March 1, 1803, but that Rev. Mr. Macdonell was anxious to join his countrymen in Glengarry District; and
directing that grant of land be made to him on most favorable
conditions possible. P- 179
Earl of Camden to Hunter.    (Circular.)   Announcing his sue- Downing st.,
cession to Colonial Department. P- !81 May 1T-
Camden to Hunter.   No. 1.   Acknowledging despatches Nos. 46 Downmg st.,
and 47.  They did not require particular answer.  Transmitting copies June 7-
of Hobart's despatches Nos. 17, 19-22.   (Copies of Nos. 19-22 herewith.) P- 182 PUBLIC ARCHIVES
G. 54, Pt. II
Camden to Hunter. No. 2. Stating no objection found to follow^
ing Provincial Acts:—
An Act to authorize the Governor, Lieuts. Governor or person
administring the Government of this Province to licence Practitioners
in the Law.
An Act to declare the Rights of certain Grantees of Waste Lands
of the Crown.
An Act to enable married Women having real Estate more conveniently to alien and convey the same.
An Act for further altering & amending An Act passed in the
33d. Year of His Majesty's Reign intitled An Act to encourage the
destroying of Wolves and Bears in different parts of this Province.
An Act to repeal for a limited time part of an Act passed in the
34 year of His Majesty's Reign intituled An Act for the regulation
of Juries.
An Act to authorize the Attorneys now practising or hereafter to
be duly admitted to practice, to take such number of Clerks as therein
mentioned.
An Act for the better securing to His Majesty, His Heirs and
Successors, the due collection and receipt of certain duties therein
mentioned.
An Act to extend the Provisions of An Act passed in the 34 Year
of His Majesty's Reign, intituled An Act to restrain the custom of
permitting Horned Cattle, Horses, Sheep and Swine to run at large—
An Act the more conveniently to collect the compensation to the
Members of the House of Assembly for their attendance in their duty
in Parliament, and to repeal part of An Act passed in the Parliament
of this Province in the 33d. Year of His Majesty's Reign Intituled An,
Act to authorize and direct the laying & collecting of Assessments
and Rates within this Province and to provide for the payment of
Wages to the House of Assembly.
An Act particularizing the Property real and personal which
during the continuance thereof shall be subject to Assessments and
Rates and fixing the several valuations at which each and every
particular of such Property shall be rated & assessed.
An Act to explain and amend an Act passed in the 41st Year of
His Majesty's Reign Intituled An Act for granting to His Majesty
His Heirs and Successors to and for the use of this Province the like
Duties on Goods and Merchandize brought into this Province from
the United States of America as are now paid on Goods and Merchandize imported from Great Britain and other places and to provide
more effectually for the collection and payment of Duties on Goods
& Merchandize coming from the United States of America into this
Province and also to establish a fund for the erection & repairing of
Light-Houses. p. 191
E. Cooke to Hunter. (Circular.) Transmitting Estimate of vote
for Upper Canada expenditure, totalling £8085. p. 195 |G. 54, Pt. II
Enclosure:—
REPORT FOR THE YEAR 1933
Estimate of the Charge of defraying the Civil Establishment of the
Province of Upper Canada in America from the 1st of January
to the 31st of December 1804.
Salary of the Lieutenant Governor  £20
Salary of the Chief Justice  11
Salary of the Attorney Gênerai  3
Salary of the Solicitor General  ]
Two Judges of the Court of Common Pleas each
£750 per Annum  IS
Clerk of the Crown and Pleas  1
Two Sheriffs at £100 each  2
Secretary and Register  3
Clerk of the Council  ]
Receiver General of the Revenues  2
Five Executive Councillors each £100  5
Surveyor General of Lands  3
Naval Officer  1
Salary of the Bishop's Commissary  1
Temporary allowance to four Clergymen  4
Allowance to the Widow of the late Coll. Campbell
Governor of the Bermudas in reward of his firm
and judicious Conduct and able Services at the
Myamis and in consideration of her straightened
circumstances, per Annum  1
Additional allowance to Mrs. Campbell  1
Allowance on account of Fees on the Receipt and
Agent..
lUdit..
p. 196
Cooke to Hunter.    (Circular.)    Transmitting copies of King's Downing
speech closing Parliament on July 31. p. 197 Aug- 2-
Enclosures. p. 371
Camden to Hunter. No. 3. Acknowledging despatches Nos. 48-57 ^°^e
(except Nos. 49 and 51). Address of Legislature for aid to enable
erection of public buildings at York held for further information from
Lieut. Governor. Recommendation of Scott as honorary member of
Executive Council in hands of Lord President. Request that report .
on public stores be hastened. Authority to grant Comte de Vaux
same quantity of land as Comte de Puisaye. As regards enabling
French Loyalists to hold valid titles to land, enquiry was being made
as to whether letters of denization issued by Lieut. Governor would
be sufficient. Authority given to grant Capt. Hugh McDonnel compensation for services as adjutant general. Transmitting memorial
from John Norton, representing grievances of Six Nation Indians, and
directing that steps be taken to remedy these as far as they were valid,
and to report on subject.   (Three enclosures.) p. 198
Camden to Hunter.   (Circular.)   Stating the General Post Office Downing
represents that orders to send despatches by private channels had been Aug- 2-
misconstrued into leading private persons to elude the Post Office;
and directing that steps be taken to stop abuse. p. 214
Camden to Hunter.   No. 4.   Stating following acts of Provincial Downing
Legislature in 1803 were not open to objection:— ept'  j
An Act to authorize the Governor Lieutenant Governor or Person
administering the Government of this Province to Licence Practitioners
in the Law. PUBLIC ARCHIVES
G. 54, Pt. II
An Act to declare the Rights of certain Grantees of Waste Lands \
of the Crown.
An Act to enable married Women having real Estate more core? J
veniently to alien and convey the same.
An Act for further altering and amending An Act passed in the
33d Year of His Majesty's Reign intituled, Art Act to encourage the 1
destroying of Wolves and Bears in different parts of this Province.
An Act to repeal for a limited time part of an Act passed in
the 34th Year of His Majesty's Reign intituled an Act for the Regulation of Juries.
An Act to authorize the Attornies now practising or hereafter to be
duly admitted to practice to take such number of Clerks as therein
mentioned.
An Act for the better securing to His Majesty His Heirs and
Successors the due Collection and Receipts of certain Duties therein
mentioned.
An Act to extend the Provisions of an Act passed in the 34th Year
of His Majesty's Reign intituled An Act to restrain the custom of
permitting Horned Cattle, Horses, Sheep and Swine to run at large.
An Act the more conveniently to collect the compensation to the
s of the House of Assembly for their attendance in their Duty
in Parliament and to repeal part of an Act passed in the Parliament
of this Province in the 33d year of His Majesty's Reign intituled An
Act to authorize and direct the laying and collecting of Assessments
and Rates within this Province and to provide for the payment of
Wages to the House of Assembly.
An Act particularizing the Property Real and Personal which,
during the continuance thereof shall be subject to assessments and
Rates and fixing the several valuations at which each and every
particular of such property shall be rated and assessed.
An Act to explain and amend An Act passed in the 41st year of
His Majesty's Reign intituled an Act for granting to His Majesty
His Heirs and Successors to and for the uses of this Province the like
Duties on Goods and Merchandize brought into this Province from
the United States of America as are now paid on Goods and Merchandize imported from Great Britain and other Places and to provide
more effectually for the collection and payments of Duties on Goods
and Merchandize coming from the United States of America into this
Province and also to establish a Fund for the erection & repairing
of Light Houses. p. 215
Camden to Hunter. No. 5. Acknowledging despatches Nos. 58
and 59. Requisition for Indian stores sent to Treasury. Question of
aid in erecting public buildings also before that body. p. 219
Camden to Hunter. No. 6. Acknowledging despatches Nos. 49
and 51. Authority given to pay Major General Mann the salary of
a brigadier on the staff establishment of Canada, from time Major
General Burton ceased to receive his staff appointments. Memorial
from J. Cockburn for grant of hands for himself and brother resddira
on Bay of Chaleurs.   Enclosure. p. 220
Camden to Hunter. (Circular.) Transmitting copy of Order in
Council of Dec. 19, directing that all Spanish vessels in ports etc of
British Empire be detained with loading and persons on board.
(Enclosure.) p. 22$ j G. 54, Pt. II REPORT FOR THE YEAR 1933 11
Camden to Hunter.   (Circular.)   Notification of declaration of      1805
War by Spain against Great Britain. p. 231 Downing st.,
Jan. 11.
Cooke to Hunter.   (Circular.)   Transmitting copy of King's Downing st.,
speech on opening Parliament on Jan. 15, with addresses of Houses Jan- 22>
in reply. p. 232
Enclosures. p. 377
Cooke to Hunter.   (Circular.)   Transmitting copy of declaration Downing st.,
consequent upon  actual  commencement of  hostilities  by Spain.Jan-M-
(Enclosure.) p. 233
Camden to Hunter.   No. 7.   Acknowledging despatches Nos. 60, Downing st.,
61,1-5.   Instructions thereupon would be sent out by Alcock's return. Feb' 16'
Much concern expressed for loss of "Speedy" and death of Mr.
Cochrane and Mr. Gray.   Darcy Boulton to succeed Gray as Solicitor
General. p. 238
Cooke to Hunter.   Enclosing Estimate for civil establishment Downing st.,
of province, totalling £8,379-6-3^. p. 240 Maroh 20-
Enclosure:
1805
Estimate of the charge of defraying the Civil Establishment of the
Province of Upper Canada in America, from the 1st of Jany. to
the 31st of December 1805.
Salary of the Lieut. Governor  £2000 " "
Salary of the Chief Justice  1100 " "
Salary of the Attorney General  300 " "
Salary of the Solicitor General  100 " "
Two  Judges of  the  Court  of  Kings  Bench,  each
£750 P an:  1500 " "
Clerk of the Crown and Pleas  100 " "
Two Sheriffs at £100 each  200 " "
Secretary and Register  300 " "
Clerk of the Council  100 " "
Receiver General of the Revenues  200 " "
Five Executive Councillors each £100  500 " "
Surveyor General of Lands  300 " "
Naval Officer  100 " "
Salary of the Bishop's Commissary  150 " "
Temporary Allowance to four Clergymen)  400 " "
Allowance to the Widow of the late Colonel Campbell Governor of the Bermudas in reward of
his firm & judicious Conduct & able Services
at   the   Myamis,   &   in   consideration   of   her
straightened circumstances  250 " "
Allowance to Mr. Smith, late Surveyor Genl. of
Lands, in consequence of his lay Services & of
the infirm state of his health at £200 p annum
from the 10th May 1804  329 6 3_
Allowance on Account of Fees on the Receipt and
audit  250 " "
Agent  200 " "
£8,379   6   3_
~"p. 241
Camden to Hunter.   Authorizing a grant of land not exceeding Downing st.,
5000 acres to Lt. Col. Vesey. p. 243 *» 22-
Camden to Hunter.   (Circular.) Instructing him to pay strictest Downing st.,
attention to any communications received from Board of Health June 30-
respecting malignant or infectious disorders. p. 247 Council
Office,
Whitehall,
Feb. 10, 1806.
Board of
Health,
Jan. 15, 1»
July 15.
Downing St.,
Aug. 7.
Downing St.,
Sept. 1.
PUBLIC ARCHIVES C. 54, Pt. JOT
S. Cottrell to Cooke. (Copy.) Enclosing letter from Board of
Health, transmitting First and Second Reports from the Board, with
regulations for preventing introduction of infectious disorders.
p. 249
Enclosures:—
(1) Members of Board to Cottrell. p. 252
(2) Reports. pp. 385 & 406
Camden to Hunter. Authorizing £100 a year increase in salary
of Mr. Small, Clerk of the Council, and grant of land to extent of
2000 acres, in consideration of long and faithful services. p. 256
Camden to Hunter. No. 8. Transmitting copy of report of Law
Officers as to effect of a law permitting grants of land to aliens; and
directing that Attorney General prepare a bill in accordance with
report, and submit it to Legislature.    (Enclosure.) p. 258
Camden to Hunter. No. 9. (Extract.) Notice of appointmem
of Mr. Thorp late Chief Justice of Prince Edward Island to succeed
Cochrane as one of the judges in Upper Canada. p. 266
Lord Castlereagh to Hunter. (Circular.) Announcing his appointment as Secretary of War and Colonies. p. 267
Cooke to Hunter. (Circular.) Transmitting copy of Kinlœf
speech closing Parliament on July 12. p. 268
Enclosure.
Cooke to Hunter. Sending copy of Castlereagh's despatch of
July 10, announcing his appointment.    (Enclosure.) p. 269
Castlereagh to Hunter. (Circular.) Announcing death of Duke
of Gloucester on previous Sunday evening. p. 271
Cooke to Hunter. (Circular.) Transmitting copy of letter from
Paymaster General's Office, and directing publication of it.       p. 272
Enclosure:—
D. Thomas to Cooke. Enclosing notice to officers on half pay
residing in British colonies. p. 273
Enclosure. p. 275
Castlereagh to Hunter. No. 1. Transmitting copy of memorial
from Major Henry Bird of 5th Regt. of Foot, praying for compensation for loss of tract of land, near entrance to Lake Erie, of which he
was dispossessed by Government.
Enclosure. p. 280
Castlereagh to Hunter.   No. 2.   Transmitting copy of letter from
Committee of P.C. for  Trade  and  Plantations  with   papers   from
Society of Arts etc respecting culture of hemp, and directing that
copies be circulated in province.
Three enclosures. p. 293
Castlereagh to Hunter. No. 3. Stating that following Provincial
acts do not seem open to objection:
I An Act to promulgate the Provincial Statutes, and also to repeal
so much of an Act passed in the forty first Year of the Reign of His
present Majesty as relates to printing the Journals." G. 54, Tt. II
REPORT FOR THE YEAR 1933
" An Act to explain and amend an Act passed in the Forty third
Year of His Majesty's Reign intitled an Act for the better securing
to His Majesty His Heirs & Successors the due Collection and Receipt
of certain Duties thereinmentioned."
" An Act for granting to His Majesty a certain Sum of Money
out of the Funds applicable to the Uses of this Province to defray the
Expences of amending & repairing the Public Highways and Roads
laying out and opening new Roads and building Bridges in the several
Districts thereof."
"An Act appropriating a certain sum of Money annually to
defray the Expences of erecting certain Public Buildings to and for
the uses of this Province."
" An Act for the exemplary Punishment of all and every Person
and Persons who shall seduce or attempt to seduce or Aid or assist or
attempt to aid or assist any Soldier to desert His Majesty's Service
or who shall harbour conceal receive or assist any Deserter from such
Service."
I An Act for the better securing this Province against all Seditious
Attempts or designs to disturb the tranquillity thereof.
» An Act for applying a certain sum of money therein mentioned
to make good certain "Monies issued and advanced by His Majesty
through the Lieutt. Governor in pursuance of an Address."
" An Act for granting to His Majesty a certain Sum of Money
for the further encouragement of the Growth & Cultivation of Hemp
within this Province & the Exportation thereof."
" An Act to repeal so much of an Act passed in the Thirty fourth
Year of His Majesty's Reign Entitled An Act to restrain the custom
of permitting Horned Cattle Horses Sheep and Swine to run at large
as relates to Sheep and to restrain the Owners of Rams from permitting them to run at large during a certain time of the Year."
"An Act to repeal certain parts of an Act passed in the Thirty
fourth Year of His present Majesty's Reign Entitled An Act to establish a Superior Court of Civil and Criminal Jurisdiction and to regulate the Court of Appeal & to authorize His Majesty's Court of King's
Bench in this Province to regulate certain Fees Costs and Charges
therein mentioned."
"An Act for granting to His Majesty a certain sum of Money for
the purposes thereinmentioned." p. 355
Cooke to President Russell.   Notice that officers of Government Downing st.,
might draw for their salaries or other authorized payments upon Adam Sept- 28-
Gordon of Colonial Secretary's office, until Provincial Agent was
appointed to succeed Mr. Fisher, who had died.   Account of death of
Lieut. General Hunter was received from Quebec. p. 363
Castlereagh to  Russell.     (Circular.)     Transmitting  copies  of Downing st.,
Extraordinary Gazette, with account of battle of Trafalgar, and death Nov-6-
of Nelson.   (Enclosure.) p. 365
Castlereagh to Russell.   No. 1.   Requesting report on memorial Downing st.,
from Major Henry Bird, in support of earlier memorial.    (No en- Nov- "•
closure.) p. 369 114 PUBLIC ARCHIVES G. 55, Pt. I
G. 55 (Pt. I)  (1806-1807)
1806 Castlereagh to Administrator.    Authorizing grant of land not
Downing st.,   exceeding 5,000 acres to Hon. Mr. Jones, brother of Lord Ranelagh,
Jan- 2- who proposed to form a settlement in Upper Canada. p. 1
Downing st., Cooke to Administrator.   Transmitting copy of speech with whic|M
Jan. 28. Lords Commissioners opened Parliament on Jan. 21, and of addresses
of two Houses. p. 3
Enclosures. pp. 176,179,18sf
Downing st., W. Windham to Administrator.    Announcing his  accession to
Feb. 5. Secretaryship of War and Colonies. p. 4
Downing st., Windham to Administrator.    (Circular.)    Transmitting copy of
Feb. 28. Extraordinary Gazette announcing surrender of Cape of Good Hope
to H.M.'s forces. p. 6
Enclosure. p. 185
Downing st., Windham to Administrator.    (Circular.)    Transmitting corres-
March 5.       pondenee from Board of Health, and directing that careful attention
be given to their wishes.   (No enclosures herewith.) p. 7
Downing st., Windham to Administrator.   Transmitting copy of Extraordinary^
March 24.       Gazette, containing account of victory obtained by British fleet over
enemy squadron off St. Domingo. p. 8
Enclosure. p. 192
Downing st., Sir George Shee to Administrator.    Transmitting  Estimate  for
March 3i.       civil expenditure for Upper Canada. p. 9
Enclosure:—
1806
Estimate of Charge of defraying the Civil Establishment of the
Province of Upper Canada in America from the 1st January to
the 31st of December 1806.
Salary of the Lieutenant Governor £2000 " "
  of the Chief Justice     1100 " "
  of the Attorney General       300 " "
  of the Solicitor General       100 " "
Two Judges of the Court of King's Bench each £750
per Annum  1500 " "
Clerk of the Crown- and Pleas  100 " "
Two Sheriffs at £100 each  200 " "
Secretary and Register  300 " "
Clerk of the Council  100 " "
Receiver General of the Revenues  200 " "
Five Executive Councillors at £100 each  500 " "
Surveyor General of Lands  300 " "
Naval Officer  100 " "
Salary of the Bishop's Commissary  150 " "
Temporary Allowance to four Clergymen  400 " "
Allowance to the Widow of the late Colonel Campbell, Governor of the Bermudas in reward of his
firm and judicious Conduct and able Services
at  the  Myamis.   and   in   consideration,  of   her
straightened Circumstances  250 " "
Allowance to Mr. Smith, late"Surveyor General of
Land®, in consequence of his long Services and of
the infirm state of his health  200 " "
Allowance on account of Fees on the Receipt and
Audit  250 " "
Agent  200 " "
£8,250   "   "
p.  10 I G. 55, Pt. I REPORT FOR THE YEAR 1983 11
Windham to Administrator (Circular) :—
" The Lords of the Committee of Privy Council for Trade & For-      1806
eign Plantations have taken into their consideration the State of the £0^8 St-
Newfoundland Fishery, and various applications respecting the better  pr
supply of the British Islands in the West Indies and the conquered
Colonies with Provisions, more particularly with Salt Fish.
Upon a full & attentive consideration of the information laid
before them, their Lordships have recommended to the Lands Commissioners of the Treasury to authorize the payment in the several
British Islands and Colonies beforementioned of a Bounty of two
Shillings Stg. p Quintal upon Newfoundland and all other British
American salted Fish which shall be imported into the said Islands
in British Ships, from the 1st 'day of June 1806 to the 1st day of
June 1807 and also for the payment of the Bounties undermentioned
on pickled Fish of the following descriptions Vizt.
On Shads P Barrell of 32 Galls  1s   6a
On Herrings Do   2     6
On Mackerel Do   3
On Salmon Do   4
Imported in like manner into the said Islands—A particular Account
of the amount of the bounties so paid, will be kept in each Island &
Colony respectively, in full reliance that the same will be repaid to the
British Treasury as soon as the Legislatures of the several respective
Islands shall have made provision accordingly; and shall have also
made provision for the continuance of the said Bounty for the Firm
abovementioned.
It is further intended to recommend that the respective Legislatures should grant a bounty of one Shilling Stg. p Quintal on Newfoundland and all other British American Salted Fish, imported as
aforesaid, and also impose a Duty on all Fish imported from the
United States of America, to countervail any Duty which may be
payable within those States on the importation of British Fish, such
bounty and such Duty to take effect from and after the 1st day of
June 1807.
I am commanded to signify to you His Majesty's Pleasure that
you forthwith communicate the substance of this letter to the Merchants and others within Your Government interested in the before-
mentioned Fisheries, in order that they may avail themselves of the
encouragement which it is intended to afford their Trade.
The Lords Commissioners of the Admiralty have taken measures
for providing sufficient & regular Convoys for the Vessels employed
in the Newfoundland Fishery and supply of the West India Islands
And Instructions have been given to Sir Andw. Mitchell and Sir
Erasmus Gower to extend that protection to the Trade of Nova Scotia
and the other North American Colonies, bound to the West Indies,
upon the Vessels assembling to take the benefit of the protection of
the Ships of War appointed for that Service." p. 11
Windham to Alexander Grant or Officer administering.   No. 1. Downing st.,
Acknowledging despatches Nos. 1-5  to   Camden;   and   announcingApril *•
appointment of Francis Gore to lieutenant governorship.   Gore will
leave Bermuda for Upper Canada with all convenient despatch,   p. 16
Windham to Administrator.    (Circular.)    Transmitting copy of ^°™?g sti*
Order in Council,  laying  embargo on all Prussian vessels.    (En- pr
closure.) p. 17
71736-81 1806
Downing St.
PUBLIC ARCHIVES G. 55, Pt. 1
Windham to Gore. (Circular.) Transmitting correspondence
respecting the condition of colony as respects infectious diseases. (Enclosure.) P- 22
Windham to Administrator.    (Circular.)    Transmitting Order in
Council, extending scope of embargo upon Prussian vessels.       p. 25
Enclosure. P- 197
Windham to Gore. Acknowledging President Grant's despatches
to No. 12. With reference to the acquisition from the Mississagua
Indians of the tract between Etobicoke township and Burlington Bay,
comprising about 70,000 acres, it was observed that the articles to be
given in exchange by Colonel Claus would represent value of £1,000.
As President Grant recommmended that £1,700 should be given, a
valuation confirmed by Allcock, late Chief Justice, authority was
given to pay that amount. p. 27
Windham to Gore. (Circular.) Transmitting copy of Order in
Council excepting vessels belonging to Hamburg and Oldenburg from
the general embargo with relation to Prussia.    (Enclosure.)     p. 30
Windham to Gore. No. 1. Authorizing that late Chief Justice
Allcock be granted lands equal to those granted to other members of
Executive Council. p. 34
Downing St.
Enclosure:—
H. Allcock to Windham.
(Copy.)
p. 36
Copy of minute of Council, directing that foregoing instructions
regarding Allcock may be carried into effect. p. 39
Windham to Gore. (Circular.) Notice that Letters of Marque
and Reprisals had been ordered against vessels and goods of Russia
and the town of Papenburg. p. 40
Windham to Gore. No. 3. Transmitting copies of correspond^
ence with the Government of Lower Canada respecting the culture
of hemp, and requesting that encouragement be given to this branch
of agriculture.    (Eleven enclosures.) p. 41
Windham to Gore. (Circular.) Transmitting three Orders in
Council; (1) removing embargo from vessels belonging to Hamburg"
and Oldenburg; (2) removing embargo from ships and goods belonging
to Bremen; (3) releasing vessels under Papenburg flag arriving at
United Kingdom ports before May 14. p. 71
Enclosures. pp. 198, 199, 200
Windham to Gore. (Circular.) Transmitting copy of letter from
Treasury on appointment of commissioners for appraisement and sale
of captured Prussian and Papenburg vessels and cargoes. Joseph
Phillimore L.L.D. and Philip Egerton Ottey appointed. (Three
enclosures.) p. 74
Windham to President Grant. (Circular.) Transmitting additional reports from Board of Health, and directing that they may
receive careful attention. p. 81
Enclosures. p. 201 G. 55, Pt. I REPORT FOR THE YEAR 1933 11".
_ Windham to Gore.    (Circular.)   Transmitting   copy   of  Extra-      1806
ordinary Gazette of that day, containing account of victory over D°*ning st.,
French at St. Euphemia on July 6. p. 82 ept'  '
Enclosure. p. 214
Shee to Gore.   Stating that, in consequence of representation from Downing st.,
Commissary Craigie, as to necessity for supply of specie in Canada,Sept- 6-
$100,000 were being sent by first opportunity. p. 83
Windham to Gore.   (Circular.)   Transmitting copy of Extra- Downing st.,
ordinary Gazette of that day, containing account of capture of FortSept- 13-
of Buenos Ayres on June 27. p. 84
Enclosure. p. 220
Windham to Gore.   No. 4.   Extending leave of Givens Indian Downing st.,
Agent for six months. p. 85 Sept- 20-
Windham to Grant.   (Circular.)   Respecting disposal of Prussian Downing st.,
property condemned abroad. p. 86 Sept- u-
Lord Spencer to Gore.   No. 5.   Transmitting paper from Lord Downing st.,
Selkirk objecting to some of the conditions attached to his grant of NoT- 6-
land in Upper Canada, and requesting that they may be amended;
also, requesting that he may be allowed to negotiate with Mohawk
Indians for purchase of land on Grand River.   Report requested from
Executive Council.   (Selkirk's memorial enclosed.) p. 87
Windham to Gore.   No. 6.   Acknowledging despatches Nos. 1, 2, Downing st.,
3.   Approval - given to recommendation that late General Hunter'sDec- M
residence be appropriated as temporary residence of Lieutenant Governor, p. 99
Windham to Gore.   No. 7.   Acknowledging despatches Nos. 4-9.      1807
Fees to which Lieut. Governor may be entitled during his absence Downing st.,
from headquarters.   Expenses of removing Lieut. Governor's baggage.Jan- 8-
Instructions would be sent at early date on application of moneys in
hands of Receiver General to certain incidental expenses without
appropriation  by   Legislature.    Representations   respecting   Judge
Thorpe would be attended to. p. 101
Windham to Gore.    (Circular.)   Transmitting copy of Order in Downing st.,
Council, of Jan. 7, respecting conduct to be observed towards vesselsJan- 10-
trading between two enemy ports, or ports at which British vessels
might not trade freely. p. 104
Enclosure. p. 227
Shee to Gore.  (Circular.) Transmitting copies of abstract of Plan Downing st.,
of Finance, laid before House of Commons on Jan. 29. p. 105 Feb- 5-
Enclosures. p. 228
Windham to Gore.   No. 8.   Transmitting Hunter's despatch of Downing st.,
Dec. 10, 1803, respecting purchase of Chief Justice Elmsley's house March 7-
in York, and stating that owing to death of Hunter and Elmsley about
same time, transaction was not completed.  Report on subject desired.
(Enclosure.) p. 106
Castlereagh to Gore.   Announcing his reappointment to Colonial Downing st.,
and War Department. p. Ill Maroh *■ PUBLIC ARCHIVES G. 55, Pt. M
Castlereagh to Gore.    Stating no objection found to following
S  Provincial acts:
" An Act to regulate the Trial of controverted Elections or Returns
of Members to serve in the House of Assembly.
" An Act to ratify and confirm certain provisional Articles of
Agreement entered into by the respective Commissioners of this
Province and Lower Canada at Montreal on the fifth day of July One
Thousand Eight Hundred and four relative to the Duties and for
carrying the same into effect, and also to continue An Act passed in
the thirty ninth year of His Majesty's Reign and continued by an
Act passed in the forty first year of His Majesty's Reign.
An Act to alter certain parts of An Act passed in the forty second
year of His Majesty's Reign entitled An Act to provide for the administration of Justice in the District of Newcastle.
An Act to make provisions for further Appointments of Parish
and Town officers throughout this province.
An Act for the relief of Insolvent Debtors.
An Act to regulate the curing packing and inspection of Beef and
Pork.
An Act for altering the time of issuing Licenses for the Keeping
of a House or any other place of public entertainment or for the
retailing of Wine Brandy Rum or any other Spirituous Liquors or
for the having and using of Stills for the purpose of distilling Spirituous
Liquors and for repealing so much of an Act passed in the forty third
year of His Majesty's Reign as relates to the Periods of paying into
the Hands of the Receiver General the Moneys collected by the
Inspector of each and every District throughout this province for such
Licences.
An Act for applying a certain Sum of Money therein mentioned to
make good certain Moneys issued and advanced by His Majesty
through the Lieutenant Governor in pursuance of two addresses.
An Act to amend an Act passed in the forty fourth year of His
Majesty's Reign intitled An Act for granting to His Majesty a certain
sum of Money for the Encouragement of the Growth and cultivation
of Hemp within this Province and the exportation thereof.
An Act to afford Relief to those Persons who may be intitled to
claim Lands in this Province as theirs or Devices of the Nominees of
the Crown in Cases where no Patent hath issued for such Lands."
p. 112
Castlereagh to Gore.   No. 2.   Acknowledging despatches Nos.
10-20.   Instructions to suspend Judge Thorpe, but hope expressed that   ■
another appointment be found for him under an assurance that he   I
would confine himself to the duties of his profession and abstain from
engaging in Provincial politics.   Suspension of Wyatt from office of   j
Surveyor General of Lands approved.   He could not understand CoL
Brock's objections to continuing payment of Indian Department expenses according to established mode.   Address of Assembly respecting certain monies appropriated out of Provincial Revenue by order
of Lieut. Governor was referred to Law Officers and copy of their   J
report was enclosed.    Satisfaction expressed that as appeared from
despatch No. 19, Lieut. Governor had followed course recommended G. 55, Pt. I REPORT FOR THE YEAR 1933 119
by Law Officers.   Requisition of for Indian stores sent to Treasury.      1807
Recommendation of Justice Powell for seat in Executive Council laid
before His Majesty.   Mr. Firth who had appointment as Attorney
General would deliver despatch. p. 115
Enclosure:—
V. Gibbs and Thomas Plumer. Lincoln's inn.
" We had the Honor to receive Your Lordship's Letter dated the May 12'
6th of May 1807 transmitting to us a copy of a letter dated Upper
Canada the 14th of March 1806 from the President of the Council,
then holding the Civil Administration of that Colony, containing an
Address from the Assembly upon the Subject of certain Monies which
had been appropriated out of the Provincial Revenue by order of the
Lieutenant Governor and also enclosing a Memorandum lately drawn
up in London by Mr. Justice Powell in explanation of the proceedings
to which the Address refers—
And stating that the Revenue of the Province arises partly from
certain Duties which previously to the 18th Year of His Majesty
had been imposed on the Province of Quebec by the authority of the
British Parliament subject to be applied to the purposes therein mentioned, by Warrant from The Lords Comrs. of the Treasury and the
residue reserved for the future Disposition of Parliament.
And also containing an Extract from the Canada Act of the 31st
of the King Cap 31. Sect. 46 & 47.
And stating further under this clause it was conceived by the
House of Assembly of Upper Canada that no Money arising from the
said Duties could be issued for the purposes of Government in the
Province, except under a previous appropriation, and that the residue
of all monies lying in the hands of the Receiver General, being the
produce of the said Duties, must be in the Custody of the said Receiver
'till authority were given by the Legislature for him to issue it, or any
part of it.
That in opposition to this Construction of the said Act by the
House of Assembly of Upper Canada, it was contended that when the
produce of any Taxes were granted to the Crown the said produce was
disposeable by the Crown or it's Representative for the purposes of
the Province, subject to the subsequent Revision and approbation of
the House of Assembly except as to such part of the produce of the
said Duties as had been particularly appropriated by the Legislature,
and requiring as to take the subject into consideration and report to
Your Lordship, for His Majesty's information, what directions it may
be proper to furnish to the Lt. Governor upon the point in question—
We have accordingly taken the same into consideration, and whatever opinion might have been entertained on this subject had it been
left open to general reasoning, we think that in the present Case the
question is decided by the explicit Terms of the Canada Act of the
31st George 3 ch. 31 Section 46: 7. by which it is enacted that the net
produce of all Duties which shall be imposed, for the regulation of
Navigation and Commerce, shall at all times hereafter be applied to
and for the use of each of the said Provinces respectively, and in such
manner only as shall be directed by any Law or Laws which may he
made by His Majesty, his Heirs, or Successors by and with the advice
and Consent of the Legislative Council and Assembly of such Province." By this Clause we conceive it to be clear that the application
of the net produce of the Duties to any purpose without the direction 120 PUBLIC ARCHIVES G. 55, Pt. I
1807     of a Law made by His Majesty with the consent of the Legislativs|
Council & Assembly is directly prohibited, and consequently that it
would be acting in direct opposition to this Statute to make such an
unauthorized application, however proper the purposes might be to
which the application might be made.
We submit therefore whether immediate directions should not be
given of The Lieutenant Governor of the Province to assure the
Assembly that in future the Canada Act above mentioned would be
inviolably adhered to, and the produce of Duties applied only in the
manner therein directed—With respect to the past misapplication of
such produce without the authority of the Legislature we submit
whether it may not be proper to direct the amount thereof to be
replaced at the disposal of the Legislature, accompanied however with
an Intimation that all the purposes to which the Money had been
applied were purely provincial, & acquiesced in by the Legislature,
it might not be improper to expect that the Common's House of
Assembly would with the Concurrence of the other Branches of the
Legislature sanction the past and provide in future for similar Contingencies within the province." p. 119
Downing st., Castlereagh to Gore.   No. 3.   Transmitting memorials from Sir
June 29.        Alexander MacKenzie and several mercantile houses asking that some
Legislative provision might be made to render lands liable to simple
contract debts; and enclosing report of Law Officers on subject. (Three
enclosures.) p. 124
Downing st., Cooke to Gore.    (Circular.)    Transmitting copy of speech with
July 4- which Lords Commissioners opened Parliament on June 26, with
addresses of both Houses. p. 135
Enclosures. p. 243
Downing st., Charles   Stuart   to   Gore.    (Circular.)    Transmitting   copy   of
sept. i7.        Extraordinary Gazette announcing surrender of Copenhagen and the
Danish fleet. p. 136
Enclosure. p. 249  i
Downing st., Stuart to Gore.    (Circular.)    Transmitting Estimates for civil
^ 6- establishment of Upper Canada. p. 137
Enclosure:—
1807
Estimate of the Charge of defraying the Civil Establishment of the  i
Province of Upper Canada in America from the 1st of January
to the 318t December 1807.
Salary of the Lieutenant Governor  £2000 " "
Chief Justice  1100 " "
Attorney General  300 " "
Solicitor General  100 " "
Two Judges of the Court of King's Bench each £750
per Annum  1500 " "
Clerk of the Crown and Pleas  100 " "
Two Sheriffs at £100 per annum each  200 " "
Secretary and Register  300 " "
Clerk of the Council  100 " "
Receiver General of the Revenues  200 " "
Five Executive Councillors at £100 each  500 " '*
Surveyor General of Lands  300 " "
Naval Officer  100 " "
Salary of the Bishop's Commissary  150 " "
Temporary allowance to four Clergymen  400 " " G. 55, Pt. I REPORT FOR THE YEAR 1988
Allowance to the Widow of the late Colonel Campbell Governor of the Bermudas in reward of bis
firm and judicious Conduct and able Services
at the Myamis and in consideration of her
streightened circumstances      250
Allowance to Mr. Smith late Surveyor General of
Lands in consequence of his long Services and
of the infirm state of his health      200
Pension to Sarah Margaret Clarke .the only surviving Daughter of the late Captain Clarke in
consequence of his long and meritorious Services
and in consideration of her streightened circumstances        30
Allowance on Account of Fees on the Receipt and
Audit      250
Agent      200
£8,280
p. 138
Castlereagh to Gore.   No. 3.   Stating that following Provincial Downing st.,
Acts were open to no objection:— 0ct 10-
" An Act to make provision for certain Sheriffs in this Province"—
I An Act to repeal an Act passed in the thirty fifth Year of His
Majesty's Reign Intituled " An Act to regulate the Practice of Physic
& Surgery "—
" An Act to procure certain apparatus for the promotion of
Science "—
I An Act to repeal an Act passed in the Forty fourth Year of
His Majesty's Reign Intituled " An Act for granting to His Majesty
a certain Sum of Money out of the Funds applicable to the Uses of
this Province to defray the Expences of amending and repairing the
Public HighWays and Roads laying out and opening new Roads and
building Bridges in the several Districts thereof and to make further
Provision for the opening & amending the said Roads "—
" An Act to alter and amend an Act passed in the thirty third
year of His present Majesty's Reign Intituled An Act to provide
for the Nomination and appointment of Parish and Town Officers
and also to repeal certain Parts of an Act passed in the thirty third
Year of His present Majesty's Reign, Intituled " An Act to authorize
and direct the laying and collecting of assessments and Rates in every
District in this Province and to provide for the payment of Wages
to Members of the House of Assembly—"
"An Act to continue an Act passed in the forty third of His
Majesty's Reign Intituled an Act for the better securing to His
Majesty, his Heirs, and Successors the due collection and receipt of
certain Duties therein mentioned."
" An Act for applying a certain Sum of Money therein mentioned
to make good certain Monies issued and advanced by His Majesty
through the Lieutenant Governor in pursuance of several addresses.
p. 142
Lord Hawkesbury to Gore.    (Circular.)    Announcing that Let- Downing st.,
ters of Marque had been granted against shipping to Kingdom ofNov- |
Naples and other territories under influence of France. p. 147
Hawkesbury to Gore.    (Circular.)    Announcing
had declared war against Great Britain.
that Denmark Downing st.,
p. 152 Nov-s- PUBLIC ARCHIVES
G. 55, Pt. I
1807
Downing St.
Downing St.;
Hawkesbury to Gore. (Circular.) Transmitting Gazette containing Order in Council of Nov. 11, and instructions relating to
general blockade of European ports. p. 156
Enclosure. p. 261
Hawkesbury to Gore.   (Circular.)   Transmitting copy of Gazette
six Orders in Council, explanatory of Orders of Nov. 11. p. 157
Enclosure. p. 266
Castlereagh to Gore. (Circular.) Transmitting copy of Order in
Council of Dec. 9, proclaiming embargo against Russian vessels.
(Enclosure.) 160
Castlereagh to Gore. (Circular.) Stating that Letters of Marque
and Commissions of Privateers had been  ordered against Russia!
p. 165
Castlereagh to Gore. (Circular.) Transmitting copy of Order
in Council of Dec. 18, directing that nothing in Order in Council of
Nov. 11, should extend to permit any vessel to import articles of produce or manufacture of enemy's colonies in West Indies direct from
such colonies to United Kingdom.    (Enclosure.) p. 169
Speech of Lords Commissioners on opening Parliament on Jan. 22,
1808, with addresses of Houses. p. 286
Copy of Gazette Extraordinary of Dec. 22, 1807, announcing thaF
Prince Regent of Portugal with family had emigrated to Brazil, p. 298
G. 55 (Pt. II)  (1!
1808 Cooke to Gore.
wnmg st.,   Upper Canada.
Enclosing Estimate for civil establishment of
p. 302
Upper Canada
Estimate of the Charge of defraying the Civil  Establishment
of the Province of Upper Canada in America from the 1st of
January to the 31st of December 1808—
£ s d
Salary of the Lieutenant Governor  2000 0 0
"                  Chief Justice  1100 0 0
Attorney  General  300 0 0
"                   Solicitor General  100 0 0
Two Judges of the Court of Kings Bench ea  £750
P Ann.:  1500 0 0
Clerk of the Crown and Pleas  100 0 0
Two Sheriffs at £100 P Ann: each  200 0 0
Secretary and Register  300 0 0
Clerk of the Council  100 0 0
Receiver General of the Revenues  200 0 0
Five Executive Councillors at £100 each  500 0 0
Surveyor General of Lands..  ,\  300 0 0
Naval Officer  100 0 0
Salary to the Bishop's Commissary  150 0 0
Temporary Allowance to four Clergymen  400 0 0
To the Minister of York to augment his stipend to
£200 P annum  100 0 0
To the Minister of Kingston to augment his stipend
to £150 P annum  50 0 0 REPORT FOR THE YEAR 1983
Governor  of  the° Bermudas* in rewLc
3ampbell
250
0   0
the Myamis & in consideration of her
Allowance to Mr. Smith late Surveyor Ge
Lands in consequence of his long service
200
0   0
the infirm state of his health	
Pension to Sarah Margaret Clarke the only s
Daughter  of  the  late  Captain  Clarke
in  con-
sequence of his long  and  meritorious
and   in
30
0   0
consideration of her streightened Circui
ostances.
Allowance on account of Fees for the rec
ipt and
Audit	
250
200
Agent	
£8,430
0   0
p. 303
Castlereagh to Gore. (Circular.) Transmitting copy of Order r
in Council of May 18, defining the geographical scope of the terms of N
Order in Council of Nov. 11, 1807.
(Enclosure.) p. 304
Castlereagh to Gore.   Transmitting letter from Committee of e
P.C. for Trade and Plantation recommending a grant of 1200 acres K
of land to William Bond of York for the purpose of cultivation of
hemp, and directing that this be done.
(No enclosure.) p. 307
Castlereagh to Gore. No. 4. Same as letter of May 22 immedi- n
ately preceding. (Enclosure.) p. 309 *
Castlereagh to Gore. No. 5. Transmitting letter from Treasury o
respecting Indian Store accounts and requesting that directions beJ'
followed.   (Five enclosures.) p. 314
Castlereagh to Gore.   No. 6.   Acknowledging despatches Nos. 1- D
10.   (Aug. 21; 1807-Jan. 9, 1808), and 9 and 10 (Feb. 13 and 29). Jl
Approval given of appointment of Mr. McGill to succeed Lt. Col.
Shaw as ordinary member of Executive Council, and of Judge Powell.
and Mr. Selby as honorary members. p. 328
Speech of Lords Commissioners closing Parliament on July 4,
1808. p. 399
Copy of Gazette, containing Order in Council of July 4, directing
cessation of hostilities against Spain. p. 402
Cooke to Gore. (Circular.) Transmitting two immediately pre- d
ceding printed documents of July 4. p. 329 Jl
Castlereagh to Gore.   (Circular.)   Transmitting copy of Extra- d
ordinary Gazette giving account of two most brilliant victories ob-
tained over French army in Portugal by forces under Sir Arthur
Wellesley. p. 330
Enclosure. P- 406
Castlereagh to Gore. (Circular.) Transmitting copy of Extra- d
ordinary Gazette announcing evacuation of Portugal by French troops, a
together with surrender of Russian fleet on the Tagus. p. 331
Enclosure. p. 412 PUBLIC ARCHIVES G. 55, Pt. )f|
Castlereagh to Gore. (Circular.) Transmitting copy of Extra|?
ordinary Gazette giving account of victory obtained over French i
army bv troops under command of late Lt. General Sir J. Moore.
p. 33?.
Enclosure. p. 416 j
Cooke to Gore.    (Circular.)   Transmitting copy of Lords Com- I
missioners speech opening Parliament on Jan. 9, and of addresses in
reply. p. 333 !
Enclosures. p. 421
Castlereagh to Gore. (Circular.) Requesting accounts of exports
from colony to West Indies during 1807-1808. p. 334
Castlereagh to Gore. (Circular.) Transmitting letter from
Treasury of Feb. 23, respecting delivery of accounts and vouchers
relating to public revenue, for purposes of examination and audit
(Enclosure.) p. 334A
Castlereagh to Gore. (Circular.) Transmitting letter from
Treasury, asking for information respecting grants of land quit rents
etc.    (Two enclosures.) p. 335
Castlereagh to Gore.   (Circular.) Transmitting copy of Treaty
of Peace with Spain, signed Jan. 14, with additional article signed
March 21. p. 340
Enclosure. p. 429
Castlereagh to Gore. No. 8. Acknowledging despatches Nos.
11-25. Opinion of Law Officers on cases of Grande Isle would be
sent by next packet. Approval of recommendation of Powell to
succeed Russell as member of Executive Council. Bolton would be
paid for services as Acting Attorney General. p. 341
Castlereagh to Gore. (Circular.) Transmitting copy of Order
in Council of May 10, repealing embargo on vessels belonging to
subjects of Turkey. p. 343
Enclosure. p. 436
Cooke to Gore. Transmitting Estimate for civil establishment
of Upper Canada. p. 344
Enclosure:—
Upper Canada 1809
Estimate of the Charge of defraying the Civil Establishment of the
Province of Upper Canada in America from 1st of Januarv to
31st December 1809.
Salary of the Lieutenant Governor  £2000 " "
"         "       Chief Justice  1100 " "
"         "       Attorney General  300 " "
|         "       Solicitor General  100 " "
Two Judges of the Court of King's Bench each £750
per Ann  1500 " "
Clerk of the Crown & Pleas  100 " "
Two Sheriffs at £100 per annum each  200 " "
Secretary & Register  300 " *
Clerk of the Council  100 " "
Receiver General of the Revenues  200 " "
Five Executive Councillors at £100 each  500 " "
Surveyor General of Lands  300 " " G. 55, Pt. II
REPORT FOR THE YEAR 1938
1 Office
Salary to the Bishop's Commissary	
Temporary Allowance to four Clergymen	
To the Minister at York to augment his Stipend to
£200 a Year	
To the Minister at Kingston do to
£150 do	
Allowance to the Widow of the late Colonel Camp-]
bell, Governor of the Bermudas, in reward of his
firm & judicious Conduct _ able services atj-
the Myamis, and in Consideration of her straightened Circumstances I
Allowance to Mr. Smith late Surveyor General of]
Lands in consequence of his long Service, and oî\
the infirm State of his Health I
Pension to Sarah Margaret Clarke the only surviv-j
ing Daughter of the late Captain Clarke in consequence of his long & meritorious Services!
& in consideration of her straightened Circum-|
stances J
Allowance on account of Fees for the Receipt & Audit.
Agent	
p. 345
Castlereagh to Gore.    (Circular.)    Transmitting Extraordinary ^ownf g
Gazette giving account of victory over French army in Portugal by   ay
troops under Wellesley. p.348
Enclosure. p. 437
Castlereagh to Gore.    (Circular.)    Requiring, at instance ofj^ai.8
House of Commons, a return of all officers in the colonies, with
several particulars, and enclosing form for return.   (Two enclosures.)
p. 349
Cooke to Gore.   Transmitting copy of speech of Lords Commis- J><"?n*ig
sioners on closing Parliament on June 21. p. 353 une
Enclosure. p. 440
ordinary Gazette, giving account of combined operations of army
and navy on coast of Holland. p. 354
Enclosure. p. 443
Castlereagh to Gore.    (Circular.)    Transmitting copy of Extra- £°wn^g st"
ordinary Gazette containing  account of victory at Talavera  on us'
July 27 and 28. p. 355
Enclosure. p. 449
Castlereagh to Gore.    (Circular.)    Transmitting copy of Extra- Downing st.,
ordinary Gazette containing account of surrender of Flushing onAug-21-
August 15. P- 356
Enclosure. P- 456
Castlereagh to Gore.   No. 9.   Stating that no objection was Downing st.,
found to following acts: Sept-8"
"An Act for the better regulation of Parish and Town Officers
throughout the Province."
S An Act for the better regulation of special Juries."
"An Act to continue an Act passed in the 33d. year of His
Majesty's Reign intituled "An Act to provide for the appointment
of returning officers of the several Counties within this Province." PUBLIC ARCHIVES
G. 55, Pt. II
" An Act for building a Court House and Gaol in the Township 1
of Elizabeth Town in the District of Johnstown."
" An Act for the better regulating the Statute Labour in the !
Counties of Essex and Kent in the Western District.
" An Act to continue An Act passed in the 45th Year of His ]
Majesty's Reign intituled " An Act to afford relief to those Person»
who may be entitled to claim Lands in this Province as Heirs orj
Devisees of the Nominees of the Crown in cases where no Patent
hath issued for such Lands and further to extend the benefit of the j
said Act."
" An Act for applying certain Sums of Money therein mentione»
to make good certain Monies issued and advanced by His Majesty ]
through the Lieutenant Govr. in pursuance of an Address."
" An Act to amend an Act passed in the 47th year of His ]
Majesty's Reign intituled an Act to establish public Schools in each I
and every District of this Province."
"An Act for the  further  encouragement  of  the   growth   and
Cultivation of Hemp within this Province and for the Exportation .1
thereof."
" An Act for granting to His Majesty a certain Sum of Mone»
out of the Provincial Fund to increase the Salary of the Clerk of ]
the Legislative Council and the Clerk of the House of Assembly."
" An Act for granting to His Majesty a certain Sum of Money \
out of the Funds applicable to the uses of this Province to defray; ]
the Expences of amending and repairing the public Highways and^j
roads laying out and opening New Roads and building Bridges in
the several Districts thereof."
"An Act to repeal certain parts of An Act passed in the 46th
year of His Majesty's Reign intituled An Act to continue An Act ■
passed in the 43d year of His Majesty's Reign intituled an Act for
the better securing to His Majesty His Heirs and Successors the due
collection and receipt of certain Duties therein mentioned."
"An Act for granting to His Majesty an annual Sum of Money
for the purpose therein mentioned."
" An Act to explain amend and reduce to one Act of Parliament..:
the several Laws now in being for the raising and Training the Militf™
of this Province."
" An Act for the better Representation of the Commons of this
Province in Parliament and to repeal part of an Act passed in the
40th year of His present Majesty's reign intituled An Act for the
more equal representation of the Commons of this Province and for
the better defining the qualifications of the Electors."
" An Act to extend the benefits of an Act passed in the 27th
year of His Majesty's Reign intituled an Act for the more easy
barring of Dower and to repeal certain parts of the same."     p. 357
Castlereagh to Gore. No. 10. Acknowledging despatches Nos.
26-31. Stating Messrs Coutts have been authorized to accept Claus'
bills for interest on funds for benefit of Indians. Report on hemp
culture was before Committee of P.C. for Trade and Plantations.
Approval of continuation to Mrs. Brant of pension of 5 shillings per G. 55, Pt. II
REPORT FOR THE YEAR 1933
day enjoyed by her late husband.   Approval of nomination of Judge      1809
Powell, Talbot and Claus to Executive Council.   No changes to be
authorized in Indian establishment until Governor General's report
was received.   Givens to be paid 10 shillings a day. p. 362
Lord Liverpool to Gore.    (Circular.)   Announcing his succession Downing st.,
to Secretaryship of Colonial and War Departments. p. 364 Nov- L
Liverpool  to  Gore.     (Circular.)     Transmitting  Extraordinary Downing st.,
Gazette announcing destruction of enemy convoy by detachment of Nov" 29'
fleet in Mediterranean. p. 365
Enclosure. p. 464
Liverpool to  Gore.    Transmitting report of Law Officers on      1810
decision of the Court in Upper Canada in the cause versus Rogers. Downing st.,.
(Enclosure.)
Robert Peel to Gore.   Transmitting Estimate for Upper Canada Down&n
civil establishment. p. 369 June n-
Upper Canada
1810
Estimate of the Charge of defraying the Civil Establishment of the
Province of Upper Canada in America from the 1st of January
to the 31st of December 1810
Salary of the Lieut. Governor     2000   "   "
Chief Justice     1100   "   "
" Attorney General      300   "   "
Solicitor General       100   "   "
Two Judges of the Court of King's Bench £750 per
an. each     1500   "   "
Clerk of the Crown and Pleas       100   "   "
Two Sheriffs at £100 per annum each      200   "   "
•Secretary and Register      300   "   "
Clerk of the Council       100   "   "
Receiver General of the Revenues      200   "   "
Five Executive Councillors at £100 each..  ......      500   "   "
Surveyor General of Lands      300   "   "
Naval Officer       100   "   "
Salary to the Bishop's Commissary       150   "   "
To The Minister at York to augment his Stipend to
£200 pr. an       100   "   "
To The Minister at Kingston to augment his Stipend
to £160 pr. an        50   "   "
Temporary allowance to four Clergymen      400   "   "
Allowance to the Widow of the late Ool. Campbell]
Governor of the Bermudas in reward of his. firm
and judicious Conduct and able services at the[   250   "   "
Myamis and in Consideration of her streight-l
ened Circumstances j
Allowance to Mr. Smith late Surveyor General of]
Lands in consequence of his long Services & of}   200   "   "
the infirm state of his health J
Pension to  Sarah Margaret  Clarke  the onlv sur-]
viving Daughter  of the late  Captn  Clarke  in
consequence of his long  and meritorious   Ser-|     30   "   "
vices and in Consideration of her streightened
AdxKfc
1 allc
ivance to Do	
! Sum of  £4000  towards co
: at Montreal	
/Ccount of Fees for the Rec
p. 370 PUBLIC ARCHIVES
G. 55, Pt. II
Peel to Gore. Stating that Surveyor General Ridout had leave
extended. p. 372
Peel to Gore.   (Circular.)    Transmitting copy of speech of Lords
Commissioners on closing Parliament on June 21. p. 373
Enclosure. p. 468
Liverpool to Gore. No. 2. Transmitting copy of letter from
Committee of P.C. for Trade and Plantations with memorial from
British merchants in trade and Fisheries representing the inadequacy
of the internal mail service in British North America; and requesting
particular attention to subject. p. 374 I
Enclosure:—
W. Fawkener to Peel. Enclosing memorial from British merchants, p. 376
Enclosure:—
Oh. Idle Bros. & Co., et al. to Committee. Stating that they
have large interests in trade in B.N.A., which suffer from want of
proper postal facilities; that time occupied by mails between Halifax
and Quebec was 3 weeks, while individuals have travelled over same
route in six days; that time of mails between Quebec and York was
nearly 3 weeks, although the improvement in roads make possible a
shorter time than between Halifax and Quebec; that their business
suffered because information could be conveyed by private hands much
more rapidly than by post office; that not one tenth of letters conveyed
in interior are conveyed by Post Office; that satisfactory postal
arrangements would result in largely increased revenue; that, in any
event, revenue was secondary consideration, seeing large amount spent
on ocean packet service; that a surveyor should be sent out to report.
p. 379
Liverpool to Gore. (Circular.) Transmitting copy of Extraordinary Gazette containing account of victory over French army on
Sept. 27 by combined British and Portugal forces under Lord Wellington, p. 392
Enclosure. p. 371
•   Liverpool to Gore.   Directing that J. Black
3000 acres on most favorable conditions.
;iven grant of
p. 393
Liverpool to Gore. (Circular.) Transmitting copy of Extraordinary Gazette containing account of surrender of the Island ofi
Bourbon to British forces. p. 395
Enclosure. p. 475
Liverpool to Gore. (Circular.) Announcing death of Princess
Amelia, youngest daughter of King. p. 396
Peel to Gore. (Circular.) Transmitting copy of Extraordinary
Gazette detailing proceedings of British forces in Sicily and Portugal, p. 397
Enclosure. p. 482
Peel to Gore. (Circular.) Transmitting copy of Extraordinary
Gazette detailing proceedings of British army in Portugal to Nov. 21.
p. 398
Enclosure. p. 488 G. 56 (1811-1812)
REPORT FOR THE YEAR 1983
G. 56. (1811-1812)
Liverpool to Gore.   (Circular.)   Stating that, owing to King's      1811
itfoess, the two Houses appointed Commissioners to open Parliament, Downing st.,
and transmitting speech of Lord Chancellor, one of the Commissioners. Jan-17'
(Enclosure.) p. 1
Liverpool to Gore.    (Circular.)   Stating that by virtue of act Downing st.,
of Parliament, Prince of Wales had been vested with powers of Regent, Feb- 13-
and transmitting Gazette Extraordinary containing proceedings of
Council on Feb. 7, when Prince took oaths, and another containing
speech of Lords Commissioners delivered on Feb. 12 to both Houses
of Parliament. p. 3
Enclosures. pp. 315 and 317
Peel to Gore.   (Circular.)   Transmitting Gazette Extraordinary Downing st.,
with account of capture of Isle of France by British forces. p. 4 Feb-18-
Enclosure. p. 320
Liverpool to Gore.   Transmitting copy of letter from Committee Downing st.,
of P.C. for Trade and Plantations representing injury to British trade ^^6-
to North American colonies by introduction of East Indian and other
foreign commodities from United States, and directing measures to
prevent this in accordance with 7 Geo. I. p. 5
Enclosures:—
(1) Fawkener to Peel.    (Copy.)
Stating that Committee have committee of
7 Geo. I, c. 2i, sec. 9 are sufficient to check the entry of goods mentioned* from United States. p. 6
(2) Memorial of Committee of Merchants. Representing that
great injury was done by provisions of treaty between Great Britain
and United States in 1794 to direct trade between Great Britain and
Canada, in that it gave United States monopoly of trade in Upper
and Lower Canada in teas, cottons and other East Indian commodities
and of others from foreign countries as well as in bar and cast iron,
leather, shoes and sadlery; that their mode of selling by auction was
drain on currency; that heavy duties imposed on imports from Canada
hampers that trade; that 7 Geo. I, c. 21 was ineffective to prevent
this injury as it applied only to importations by sea, whereas imports
into Canada from United States come in by land and inland waters;
and applying for such Imperial and Colonial legislation as would give
relief sought. P- 9
(3) James Irvine and John Richardson to Nathaniel Atcheson. May iao.
(Copy.)   Furnishing details from Committees of Trade in Quebec
and Montreal of conditions of trade between Canada and the United
States. p. 17
(4) N. Atcheson to Thomas Lock.  Submitting memorials,  p. 25 Great
St.,  Dec.  28,
1811.
(5) W. Goodall to Atcheson.   Furnishing further information on Gariick hoi,
subject. p. 26 D<*- 27>18u-
Liverpool to Gore.   No. 3.   Transmitting copy of opinion of Law Downing st..
Officers on papers submitted by Gore on August 23, on question of April 23-
law which had arisen from petition of R. Cartwright as administrator
for Capt. Thomas Gummersal, deceased.   (Enclosure.) p. 29
71736—9 PUBLIC ARCHIVES G. 56  (1811-1812)
Liverpool  to   Gore.   Transmitting letter  from  Council   Office
authorizing the granting of certain licences to export gunpowder andf';
arms by British North American provinces.    (Enclosure.) p. 38fi
Peel to Gore.   Transmitting Estimate for Upper Canada civlB
establishment. p. 42
Enclosure:—
Upper Canada 1811
Estimate of the Charge of defraying the Civil Establishment of the
Province of Upper Canada in America from the 1st January to
the 31st December 1811
Salary of the Lieutenant Governor  £2000 " "
Chief Justice  1100 " "
Attorney General  300 " "
Solicitor General  100 " "
Two Judges of the Court of King's Bench each £750.. 1500 " "
Clerk of the Crown & Pleas  100 " "
Two Sheriffs at 100 per annum each  200 " "
Secretary and Registrar  300 " "
Clerk of the Council  100 " "
Receiver General of the Revenues  200 " "
Five Executive Councillors at £100 each  500 " "
Surveyor General of Lands  300 " "
Naval Officer  100 " "
Salary of the Bishop's Commissary  150 " "
To  the  Minister   at York  to   augment  his  stipend
to £200 pr. an  100 " "
Do           at Kingston)           Do           to £150   " 50 " "
Temporary allowance to four Clergymen  400 " "
Allowance to the Widow of the late Col. Campbell
Govr. of the Bermudas in reward of his firm &
judicious conduct & able Services at the Myamis
& in Consideration of her streightened Circumstances   50 " "
The remaining, part of the Sum of £4000 towards completing the Church at Montreal  2000 " "
Allowance on account of Fees for the Receipt & audit. 250 " "
Agent  200 " "
£10450   "   "
p. 43
Liverpool to Gore. Stating that following Provincial acts do not
appear open to objection:—
" An Act for the relief of Clerks to Attornies who may have served
their Clerkships without being bound by Contracts in writing ".
"An Act to repeal the several Acts now in force giving Bounties
for destroying Wolves ".
" An Act to regulate the payment of certain Debts due by the
Eastern District before the Establishment of the District of Johnstown."
" An Act to revive and continue an Act passed in the 42d. year
of His present Majesty intituled An Act to enable the Governor,
Lieutenant Governor or Person administering the Government of this
Province to appoint one or more additional Port or Ports, Place or  j
Places of Entry within this Province and to appoint one or more   |
Collector or Collectors at the same respectively."
" An Act to authorize Practitioners in Law in this Province to
take such a number of Clerks as is therein mentioned."
" An Act to establish Public Schools in each and every District of
this Province." G. 56 (1811-1812)
REPORT FOR THE YEAR 1938
" An Act to repeal the several Acts now in force in this Province
relative to Rates and Assessments and also to particularize the Property Real and Personal which during the continuance thereof shall be
subject to Rates and Assessments and fixing the several valuations at
which each and every particular of such Property shall be rated and
assessed."
" An Act for applying certain Sums of Money therein mentioned
to make good certain Monies issued and advanced by His Majesty
through His Honor Mr President Grant, in pursuance of two Addresses."
"An Act for granting to His Majesty Duties on Licenses to
Hawkers Pedlars and Petty Chapmen and other trading Persons therein mentioned."
" An Act for granting to His Majesty His Heirs and Successors
to and for the uses of this Province the like Duties on Goods and
Merchandize brought into this Province from the United States of
America, as are now paid on Goods and Merchandize imported from
the United States of America into the Province of Lower Canada."
" An Act to establish the Fees of the Clerk of the Peace and to
regulate the Fees in the several Courts of Quarter Sessions throughout this Province."
" An Act for the preservation of Salmon.
" An Act for preventing the forging and counterfeiting of Foreign
Bills of Exchange and Foreign Notes and Orders for the payment of
Money."
" An Act to authorize the Inhabitants of the County of Haldi-
mand to hold annual Meetings for the purpose of electing Town and
Parish Officers."
" An Act further to extend the Benefits of An Act passed in the
37th Year of His Majesty's Reign intituled An Act for the more
easy barring of Dower."
"An Act to provide for the laying out amending, and keeping
in repair the Public Highways and Roads in this Province and to
repeal the Laws now in force for that purpose."
"An Act for the relief of Minors of the Society of Menonists.
and Tunkers."
" An Act to declare the Common Gaols in the several Districts
of this Province to be Houses of Correction for certain purposes."
" An Act for granting an additional Sum of Money for erecting
a Bridge across the Grand River."
" An Act to extend the Provisions of an Act passed in the 27th
Year of His Majesty's Reign intituled An Act for the preservation
of Salmon."
"An Act for applying a certain Sum of Money therein mentioned to make good certain Monies issued and advanced by His
Majesty through the Lieutenant Governor in pursuance of several
Addresses of this House."
" An Act for granting to His Majesty a certain Sum of Money
out of the Funds applicable to the uses of this Province to defray
the Expences of amending and repairing the Public Highways_ and
Roads and laying out and opening new Roads and building Bridges
in the several Districts thereof."
"An Act to amend an Act passed in the 34th Year of His
Majesty's Reign intituled An Act for granting to His Majesty a.
71786-_i PUBLIC ARCHIVES
G. 56  (1811-1812):
Dow
Dec.
ning St.
17..
1812
Dow
Feb
ning St.
7.
certain Sum of Money for the further encouragement of the growth
and cultivation of Hemp within this Province and the Exportation^
thereof."
" An Act for granting to His Majesty a Duty upon Billiard
Tables."
"An Act to repeal an Act passed in the 44th Year of His
Majesty's Reign intituled an Act to repeal certain parts of an Act
passed in the 34th Year of His Majesty's Reign entituled an Act to
establish a superior Court of Civil and Criminal Jurisdiction and to
regulate the Court of Appeal and to authorize His Majesty's Court
of King's Bench in this Province to regulate certain Fees, Costs and
Charges therein mentioned." p. 44
Liverpool to Gore. (Circular.) Stating that at instance of
S.P.G., pensions of £100 per annum would be granted to clergymen
from England, who after 10 years' service in colonies desired to
return home. p. 52
Liverpool to Gore. No. 5. Granting him 12 months' leave for
arrangement of private concerns, and stating that the Commander
of the Forces would take his place during his absence. p. 56
Liverpool to Administrator. Stating that the efforts made by
Sir James Craig to dissuade the Indians from acts of hostility
towards Americans had approval of Prince Regent, and directing
Administrator to pursue same course. p. 62
Liverpool to '(Administrator. Transmitting opinion of Law
Officers on question raised by Gore as to whether it is essential to
the formality of instruments under the Great Seal that they should
pass through his office, and receive his fiat.    (Enclosure.) p. 64
Liverpool to Gore. No. 6. Requesting answers to a number
of questions on points connected with the annual Estimate for defraying expenses of civil establishment. p. 73
Liverpool to Gore. Transmitting enclosures from Treasury
relative to impropriety of including military expenses in Provincial
accounts; and directing that recommendations of Treasury be
punctually complied with.     (Three enclosures.) p. 79
Liverpool to Gore. No. 8. Stating that the salary of Colonel
Claus as Inspector of Indian Affairs be raised to £600 on understanding that he perform all duties of office without a deputy.   (Enclosure.)
p. 92
Peel to Gore. (Circular.) Transmitting copy of Gazette Extraordinary announcing important success in Portugal by division of
allied army under Lieut. General Hill. p. 98
Enclosure. p. 328
Peel to M. General Brock.   Transmitting copy of Gazette Extraordinary announcing capture of Batavia by British forces. p. 99
Enclosure.                                                                                 p. 332
Liverpool to Gore. No. 9. Transmitting application of Lord
Amherst in favor of Mr. Hale, Deputy Paymaster at Quebec who
solicited grant of land in Upper Canada; and recommending that
application receive as favourable consideration as regulations permitted.   (Enclosure.) p. 100 G. 56  (1811-1812) REPORT FOR THE YEAR 1983 133
Peel to Gore.   Transmitting, with request for information letter      1812
from Treasury respecting portion of Indian stores purchased in Downing st.,
Canada. p. 105 Feb- *•
Gore to Peel.   Reply to letter of Feb. 21. p. 109 %£££*%?
Feb. 24.
Gore to Peel. Replying to memorial from William Firth Attorney No. 25 upper
General of Upper Canada, and referring Peel to the several reports ^T3^?^51''
he had made on subject. p. 112
Firth to Liverpool.    (Copy.)    Lengthy statement of grievances Norwich,
against Gore and the judges. p. 114 Jan-18-
Liverpool to Gore.    (Copy.)    Stating, in reply to letter of 11th Downing st.,
instant, that conduct of Firth in leaving York after permission had Apnl 13-
'been refused was condemned by Prince Regent, who ordered his dismissal from office.   It was not considered necessary for Gore to notice
Firth's " vague and general charges." p. 123
Peel to Firth.    (Copy.)    Stating that his several communications Downing st.,
had been under Liverpool's consideration, and that it was concludedAp   13'
that his quitting the colony after leave had been refused was unjustifiable, and that he could not be allowed to return as attorney general.
Disputed items in his accounts would be treated liberally. p. 125
Liverpool to Brock.    (Circular.)    Pointing out expediency of pre- DT0W"ing st->
venting communications between colony and France or countries under   arc
control of France.   Passports are refused to foreigners desiring to
visit colonies.    Governors must take measures to check those who
endeavor toenter through United States. p. 127
Peel to Administrator.   Transmitting Estimate for civil establish- Downing st.,
, ° 1Co March 31.
ment. p. 133
Upper Canada
Estimate of the Charge of defraying the Civil Establishment of the Province of Upper Canada in America
from the 1st Day of Jany. to the Slst Day of Deer.
1812     £ 8450
Amount of Estimate voted by Parliament for the Year
1811     £10450
Decrease in Estimate of this Year     £2000
Proposed Distribution of the above Sum of £8450 on account of
the Civil Establishment of Upper Canada for the Year 1812
Salary of the Lieutenant Governor £2000 0 0
  Chief Justice  1100 0 0
 Attorney General  300 0 0
 Solicitor General  100 0 0
Two Judges of the Court of Kings Bench each £750.. 1500 0 0
Clerk of the Crown and Pleas  100 0 0
Two Sheriffs at 100 per Annum each  200 0 0
Secty. and Registrar  300 0 0
Clerk of the Council  100 0 0
Receiver General of