OTTAWA F. A. ACLAND PRINTER TO THE KING'S MOST EXCELLENT MAJESTY Price, $1.00 DOMINION OF CANADA REPORT PUBLIC ARCHIVES FOR THE YEAR 1932 ARTHUR G. DOUGHTY Keeper of the Records OTTAWA F. A ACLAND PRINTER TO THE KING'S MOST EXCELLENT MAJESTY CONTENTS Page Deputy Minister's Report 4 Reports of Divisions 5 Appendix Calendar of G Series, Part III 493 Report of the Public Archives for the Year 1932 Ottawa, January 20, 1933. The Honourable, The Secretary of State, Ottawa.. Sir,—I have the honour to present to you the report of the Public Archives for the year 1932. The appendix to the volume contains the third part of the excellent calendar prepared by the late William Smith, Assistant Deputy Minister of the department. The despatches which relate to Lower Canada are found in the G. Series. To add to the usefulness of Mr. Smith's work a full index of the three parts has been prepared and published herewith. Mr. Smith had prepared a calendar of the papers of Upper Canada found in the same series, and these will be published in due course. The work in the department during of the several divisions. the ] ; year is shown in the report The department has received from Mrs. Hubert Neilson of Neilsonville, Quebec, an interesting collection of papers of the Neilson family, and a complete uniform of the Quebec Militia of 1775 in an excellent state of preservation. Some further gifts have been received from the Honourable Mary Macdonald to be added to the collection of the late Sir John A. Macdonald. A portrait of Mr. Miller Williams has been presented by Lady Kingsmill. Your obedient servant, l'-h A. G. DOUGHTY, ;.,i ; : Li^T •'' Deputy Minister. REPORTS OF DIVISIONS MANUSCRIPT DIVISION MATERIAL FROM ENGLAND PUBLIC SOURCES Transcripts— Public Record Office— Audit Office Series 12 and 13. American Loyalist Claims. Vol. 102. Bundle 55 (Rev. John McKenna). Colonial Office— Series 43, Entry Books of Commissions, Instructions, Letters and and Warrants. Vols. 62-70. North America General, 1822-28. Letters from Secretary of State (Domestic). State Papers— Domestic Naval. Vols. 119 and 120. Documents relating to Bishop St. Valier's imprisonment in England. S.P.G. in F.P.— Canada Letters received, 1860-67. War Office— Series 34. Vols. 10-15. Amherst Papers, 1759-62. MISCELLANEOUS SOURCES Butler, J. W. Gosse, P. H. Hudson's Bay Company. Knight, Capt. James (Governor Hudson's Bay, 1692). Northcliffe Collection. Wingfield, David. Diary, 1838. Journal, 1837. Fidler's Journal, 1815. Journal, 1827-29. Commission and Will. Log of 1759. Diary, 1813-16. MATERIAL FROM FRANCE Transcripts— I. Archives— Colonies— Series CUa Series E. PUBLIC SOURCES Correspondance Générale. Vol. 105, folios 402-448 Lettres 1763. " 124 Décisions 1718-23. Correspondance relative aux troupes. Vols. 1-3. " 5-11. Carton 32. Dossier Bigot. 95. " Coulon. PUBLIC ARCHIVES Marine— Series A1. Actes du Pouvoir Souverain. Vols. 80-86. Recueil Général des Ordonnances. B3. Lettres Reçues. Vol. 320. Dunkerque, 1728, éditsl etc. 1744-1753. D7. Personnel Individuel. Carton 216. Dossier de Montbeillard. Capton 237. Dossier de Costebelle. Nationales— Series G7. Administration Financière. Carton 1312. Contrôle Général 1673-1699. Maritimes (Rochefort)— Séries lev Vol. 143, 144, Dépêches de la Cour 1747 Des Verse- naents. 375, l'Intendant avec la Qow 1746. Départementales— Charente Inférieure— Series B. 50 and 54, Amirauté de Marennes 16.79-1699. " de Louisbourg 1727 " de Marennes 1695. 66 %" de Brouages 1703. 75- Niji^ti>* de la Rochelle. and 81 bis ijjjk"£;__\ 1649, 1656 83 ï&k& ' * 1663. 84 WM0éM, 1664. 85 p.-p*hj>, < 1665. 187 Registre de Guyenne 1632-1633. 189 " 1638-1648. 190 'iwsfe:' " 1639-40. 191 Amirauté de la Rochelle 1643-1644. 240 ^/.^'Si 1735. 240 ■HhI 1735. 265 Registre de Louisbourg 1718. 266 Registre de ventes, acquisitions, 173& Diverses— Séminaire de Missions Etrangères— Vols. 26-31, 1764-1777. 33-38, 1782-1802. 200-214, Rome Procure 1651-1720. Bibliothèques— de l'Arsenal— Bastille 12163' Dossier Porlier 1762. de lTnstrkii Collection Godefroy Vol. 291. Nationale— Fonds Français 4518-9 Receptes et dépences du Royaume 1610-1611.; ^ REPORT FOR THE YEAR 1982 Registres Epargnes 1618. r 22595 Alsaoe etc. 22622 Gouvernement des provinces. 22623 " " 22628 Annales 1600-1650. 1 22640- 1651-1660. ,22643 1661-1670. 22646 " - " 22647 " . " 22649 " _ " Collection 22650 " . " Dangeau * 22651 « _ « 22656 1667-1670. 22658 1671-1680 22669 1671-1680 ! 22660 1671-1680 22669 1681-1690 22670-5 « 1681-1690: 22680 1691-1700 22682 1691-1700 ^22684-90 " im-im Nouvelles Acquisitions 9389—Origines Françaises Amérique du Nord les Razilly. 23607. Collection Colbert— Cinq cents, Vol. 20*. Lettre a M. Talon 1669. Mélanges de, 112 bis, fefôres 1662. Collection Clairambault 381 MéÏMges, 1632^1635. Vol. 93. Collection Dupuy, Vol. 318. Recueil de Privilèges-. Collection Fîeury, Joly de, Vol. 2543. Guerre dAmérique. Collection Moreau, Vol. 841. Fontette. Affaires Etrangères— Correspondance Politique Angleterre, 455-459. Angleterre 1764. Mémoires et Documents Asie. Vol. 6. Guerre Comité du Génie (Section Technique)— Registre 66. Journal de Poilly. Louisbourg 1758. MISCELLANEOUS SOURCES Colbert, Receipt for Annuities, 1 October, 1681. MATERIAL FROM CANADA PUBLIC SOURCES Transcripts— Province of Ontario— Ottawa Protestant Orphans' Home—Record books. Province of Quebec— Gaspé— Janveria Fish Company Journal, 1796-99. Montreal— Palais de Justice—Répertoire de N. B. Doucet, 1811-1817, 5873- 7873. 8 PUBLIC ARCHIVES Parish Register, by John Ogilvy, 1760-64. St. Sulpice Library—Baby collection. Documents Divers, 1673-1865. Lettre de la Corne, 1767-98. New York Journal de W. Berczy, 1792-3. Lettres Diverses, 1746-1881. Lettres de et à Monsieur Guy. Dossier Affaire Fleming, 1781. Seigneurie Isle de Montréal. Quebec— Archives— Notre Dame des Anges (Justice Seigneurialle). Prévôté de-Jugements en délibéré, 1749. Registre des Audiences, 1668. Parish Registers—Sault au Recollet, 1765-80. Saint Benoit. Province of Saskatchewan— Assiniboia Council, 1864. Extract from Minute Book. Originals— Department of Indian Affairs. Letter 29 March, 1795. Littlehales to Chew. MISCELLANEOUS SOURCES Baldwin, H., Toronto, Letters 1825-55 and 1918. Beaudry Famille Généalogie. Dubé, C, Voyage to the Klondike, 1895. Hathaway, E. J., Biographical note. Lee, C. M., Commission, 1832. Macdonald, Sir J., " The last ten days ", by R. W. Powell. Neilson Mss., de Salaberry-Juchereau family papers. Oliver, D. W., Reminiscences, 1914-18. Rennie, Major General, Toronto, letters and documents, 1812-1865. Roussel, S The Golden Dog " Mss. Shannon, R. W., Regina, letter, 1914, from Mr. Bryce. Smith, Wm.—British Commonwealth, 1923-24; Canadian Post Office; Hudson's Bay Company publication, Sir George Simpson; Labrador; Lafontaine letters, 1836; London Times, November 12, 1918; Marconi; Newfoundland, Confederation with Canada. Taché, E., Letter 1850 to Felix Têtu (from J. F. Pouliot, M.P.). Tupper, Sir C, Campaign fund (photostat). Young, Professor A. H., Letter Oliver Wolcott to Governor Clinton, 1779. ISOLATED PIECES (VOL. 14) 1812—Document re Mackinac. 1828—Document re Drummond Island. 1840—Letter re John Macdonald. MATERIAL FROM ITALY Rome, The Vatican, Archives Secrètes. MATERIAL FROM UNITED STATES PUBLIC SOURCES Michigan, University of:— Clements Library, Henry Hamilton Journals (Photostat). REPORT FOR THE YEAR 1932 MISCELLANEOUS SOURCES Emery, B. F., "Transfer of Western Posts", 1796 (Photostat). CLASSIFICATION, INDEX AND INFORMATION DIVISIONS CLASSIFICATION Two hundred and twenty volumes of criminal statistics covering the years 1915 to 1927 were received and placed in Room 36. These documents were sent to the Archives by the Dominion Bureau of Statistics, Department of Trade and Commerce. The classification of Active Infantry Militia pay rolls of all Canadian regiments and battalions from 1866 to 1914 has been completed. These approximate 287,000 documents and are contained in 261 portfolios. The nominal rolls and pay rolls covering service in the North West Rebellions of 1870 and 1886 have also been classified and placed in portfolios. They approximate 1,800 documents. A start has been made in the preliminary classification of early Militia correspondence which contains reports, early returns and pay rolls. These documents have been separated and classified. The dates covered are from 1800 to 1866 and a few are of earlier date. The number of these documents is well over 100,000. The list of the newspapers in the Archives has been revised and brought up to date. RESEARCH AND INFORMATION The number of requests for information, production of files and copy of documents received during the year and attended to is 1,832, being a large increase over any preceding year. The usefulness of the Public Archives is being more and more demonstrated, every year, through its section of information. The range of subjects has been, as usual, of the most diversified character. With the year 1932, Canada has entered upon a series of historical centenaries ; towns, counties, churches, etc., have celebrated or are preparing to celebrate anniversaries and this has already entailed much work and promises to last throughout the year 1933. Family histories and genealogies are still quite the fashion and demand much research work. To show the variety of requests for information I may mention, amongst others, the following subjects, the first paper mills, the first out ovens, manufacture of stoves; the history of trunk and valise manufactures in Canada, that of soap and perfumes, the finding and working of salt beds, etc. They came from historians, associations, colleges, students of all descriptions and other people from every part of Canada, the United States and Europe. Some have even come from Australia. They were seeking information relating to the creation of counties, towns, parishes; the establishment of churches, schools, banks and other commercial institutions. The construction of forts, roads and bridges, biographical and genealogical data, grants of land, coat of arms, uniforms, etc., have all furnished their quota. Much research work is also called for by descendants of United Empire Loyalists and desires are satisfied in most cases. Official information has also been furnished to the different departments of the Provincial and the Federal Governments, particularly to the Post Office, the Interior, the Public Works, Trade and Commerce and the National Defence. 10 PUBLIC ARGHTVE& In the several sections, the data extracted for historical and general purposes have provea. of gyeat value and the many questions and requests for verification of militia rank and service in order to obtain pensions and for military histories have also been dealt with. In the Great War Section, 182 files were examined and prepared for final custody. TM data far the researches to, this geortionv were t*kea chiefly from Admission and Discharge Books of hospital units in the Great War and from the files concerning administration and operation of the Canadian Expeditionary Forces. INDEX No. of cards. The index of the Quebec Gazette is being continued. It now reaches towards the end, of the year 1815 24,000 12,000 6,430 1,970 2,990 4,580 la Series C (Military), cards typewritten and placed in the drawers. Four volumes of muster rolls and pay lists of the Loyalist Regimeats which served duriaag the American Revolution have been indexed.. The register» of the Protestant Church in Montreal (baptisms, marriages and burials) covering the years 1765-1787 were indexed More Canadian biographies have been indexed aad placed ia drawers.. Researches indexed A catalogue of the documents in Manuscript Room 32 is being prepared in order to indicate more readily the location of the various series and sub-series and the nature of the papers. Total number of cards placed in their respective drawers 51,970 The cards of the several indexes of manuscripts now number over 1,750,000. The index of the Armuaï Reports of the Public Archives, both English and French, was continued during the year and 15,000 slips have been prepared. They are being arranged alphabetically. . As a reference to the "Maple Leaves" of LeMoyne has often to be resorted to, an index of the seven volumes published under that title has been prepared, and a copy of it was placed with this collection in the library. There is in preparation an inventory of all material in the Manuscript Room, original and transcriptions, bound and unbound, relating to the Provinces of Nova Scotia, New Brunswick and Prince Edward Island. To date over seven hundred volumes have been listed, their shelf and section marked and the corresponding material already printed in the Public Archives Reports paged and marked for ready reference; this will be continued until the mass of Maritime material of every description is included. Several weeks were also employed in assisting with the index of the Archives Report of 1930 and 1931. At present, the entire index for " Finance, Currency and Exchange in Nova Scotia " is in preparation and will be completed shortly. One hundred and seventy-five volumes of the S Series have been prepared for binding and bound. MAP DrVISION RESEARCH During the last calendar year there has been considerable activity in the Map Division. Three hundred applications were made through the post for information concerning maps and one hundred and nineteen business and professional men consulted the documents in the Map Room, concerning legal matters, boundary questions, water powers, etc. A large number of maps in a dilapidated condition have been skilfully restored and the index has been brought up to date. REPORT FOR THE YEAR 1 LIST OF ACCESSIONS* Alberta Province- Township 11, Range 3, West of Fifth Merid 11, 13, ' " Fourth 1 " 11, 14, t ti it it 12, 3, < " Fifth 12, 5, • t It tt 11 19, 6, ' t It It « 19, ' 7, ' t it It it 20, 1, 1 " Fourth " 20, 6, i " Fifth 22, ' 6, « n u 24, 1 t n a « 25, ' 7, < « n a 25, 20, ' " Fourth | 29, 20, ' " " i 30, 27, ' " | " 30, 28, i n a | 31, 27, ' " " I 32, 4, i it a it 39, 17, < " Fifth 40, L3> ' " " " 42, 19, ' " " " 45, 18, i n n tt 46, 19, l U U It- 46, 23, t it tt tt 47, ' 19, t U trt « 47, 20, t tt tt u 47, 25, t tt a it 48, 5, t tt it it 48, 19, i ti it it 48, 20, t it tt ti 48, 25, i it tt tt 49, 19, tt tt a 50, 27, t it tt a 52, 1, t tt n tt 53, 2, t a tt a 53, 12, t a tt it 54, 20, i « « tt " 54, 21, t it u a 55, 20, t it u <( 55, 21, ' " " " 59, 14, ' " " " 59, 15, ' " Fourth " 59, 18, ' " " " 60, 13, 1 " Fifth 60, 15, ' " Fourth f 60, 16, i u u u 60, 18, i tt a tt. 60, 19, t tt u it 60-, 24, i u it u 70, 11, t it n it 77, 3, ' " Sixth 77, 10, i u a u 77, 24, ' " Fifth 78, 8, ' " Sixth PUBLIC ARCHIVES Township 78, Range 11, West of Sixth Meridian, 79, 79, 82, 82, 87, 87, 89, 101, 101, 101, 102, 102, 103, 103, 104, 10, 11, 12, 13, 12, 4, 26, 22, 23, 24, 22, 23, 21, 22, 22, Artillery Lake, Northwest Territories. Topographical Map of Artillery Lake, Northwest Territories (Exploratory). National Topographic Series. Sheets 75 N.E. and 75 N.W. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographic Survey of Canada. Atlas.—Saint John City & County. New Brunswick. Roe & Colby, Saint John, N.B. 1875. Atlas Maritimus Or a Collection of Sea-Charts, describing the Coasts, Capes, Bays, Rivers, Roads & Ports; the Sands Shoals, & Dangers of the known parts of the whole World. Gathered from the latest & Best Discoveries of divers Able Navigators of Our own and other Nations. John Seller. Aylmer Lake. Lake Aylmer to Lake Beechey. 108-65. Geographical Sections, General Staff, Department of National Defence. No. 363a. Barlow Lake. Topographical Map of Barlow Lake to Dubawnt Lake. Geographical Section, General Staff, Department of National Defence. No. 358c. 1932. Beechey Lake. Topographical Map of Lake Beechey to Bathurst Inlet. 107- 66. Geographical Section, General Staff. Department of National Defence. No. 363b. 1932. British Columbia. Province of. N.W. •}, Township 6, Range 28, W. of Sixth Meridian. Camsell River, Northwest Territories. Topographical Map of Camsell River (Northwest Territories). (Exploratory). National Topographic Series. Sheets 86 S.E. and 86 S.W. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. Canada, Dominion of. Map of Canada. Department of the Interior. Honourable Thomas G. Murphy, Minister. W. W. Cory, Deputy Minister. National Development Bureau. F. C. C. Lynch, Director. J. E. Chalifour, Chief Geographer. 1930. Index Map of National Topographic Series covering portions of Ontario, Quebec and Maritime Provinces. Published by Department of National Defence, and Department of the Interior. Geographical Section, General Staff, 1932. Coppermine River, Northwest Territories. Topographical Map of Hunter Bay- Coppermine River. Northwest Territories. (Exploratory). National REPORT FOR THE YEAR 1932 Topographic Series. Sheets 86K and 86J. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. 1932. Dillon, Saskatchewan. Topographical Map of Dillon, Saskatchewan. (Provisional Edition) National Topographic Series. Sheet No. 73N. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. 1932. Dismal Lakes, Coppermine, Northwest Territories. Topographical Map of Dismal Lakes—Coppermine. Northwest Territories (Exploratory) National Topographic Series. Sheets 86N and 860. Department of the Interior. Hon. Thomas G. Murphy, Minister, H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. Dubawnt Lake, Northwest Territories. Topographical Map of Dubawnt Lake to Beverly Lake. Geographical Section, General Staff. Department of National Defence. No. 358d. 1932. Duck Island, Ontario. Topographical Map Ontario Duck Island. Sheet No. 30N/15. Published by the Geographical Section, General Staff, Department of National Defence. 1932. Ferryland, Map of Ferriland, Newfoundland. W.O. 34, Vol. 12, p. 537. Copied by C. Pettigrew at P.R.O. Feb. 1932. Fort Reliance, Northwest Territories. Topographical Map of Fort Reliance to Sifton Lake. Geographical Section, General Staff, Department of National Defence. No. 357a. 1932. Foster Lake, Saskatchewan. Topographical Map of Foster Lake, Saskatchewan (Provisional Edition) National Topographic Series. Sheet No. 74A. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. 1932. Frontenac County, Ontario. Map of the United Counties of Frontenac, Lennox and Addington, Canada West. From actual Surveys under the Direction of H. F. Walling, Putnam & Walling, Publishers. Kingston, C. W. 1860. Grassy Island, Northwest Territories. Topographical Map of Grassy Island to Beverly Lake. Geographical Section, General Staff, Department of National Defence. No. 357c. 1932. Also Inset—Sifton Lake to Thelon River. Great Bear Lake, Northwest Territories. Aerial Survey of part of Great Bear Lake, Hunter Bay, Labine Point and Conjuror Bay, N.W.T. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. Great Slave Lake, Northwest Territories. Topographical Map of Great Slave .Lake (Eastern Sheet) Northwest Territories. Sheet 7. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Green Lake, Saskatchewan. Topographical Map of Green Lake, Saskatchewan (Provisional Edition) National Topographic Series. Sheet No. 73J. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. Hunter Bay, Northwest Territories. Topographical Map of Hunter Bay— Coppermine River. Northwest Territories. (Exploratory) National Topographic Series. Sheets 86K and 86J. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. 1932. Ignace, Ontario. Topographical Map of Ignace, Ontario. (Provisional Edition) National Topographic Series. Sheet No. 52G. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. 1932. 14 PUBLIC ARCHIVES Iie-a-la-Crosse, Saskatchewan. Topographical Map of Ile-a-la-Crosse, Saskatchewan. (Provisional Edition) National Topographie Series. Sheet No. 73 O. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. 1932. Kindersley, Saskatchewan. Topographical Map -of Kaadersley (West of Third Meridian^ Saskatchewan, Canada. Sectional Sheet No. 167. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. 1932. Kississiog, Saskatchewan. Topographical Map of Kississing, Saskatchewan, Manitoba. (Provisional Edition) National Topographic Series. Sheet No. 63N. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. 1931. Labrador, Coast of. Map of the Province of Quebec and the Adjoining Coast of Labrador. MSS Colonial. 1929. Lac de Gras, Northwest Territories. Lac de Gras to Bathurst Inlet. 109-66. GeograpMcail Section, Oen«r®l Staff, Department of National Defence. No. 362b. Lac de Gras to Bathurst Inlet. 110-65. Geographical Section, General Staff. Department of National Defence. No. 362a. Lennox and Addington Counties. Map of the United Counties of Frontenac, Lennox and Addington, Canada West. From actual Surveys under the Direction of H. F. Walling. Putnam & Walling, Publishers. Kingston, C. W. 1860. Louisburg. Projet Dun Corps De Cazernes pour huit Compagnies et Soldats et trente deux officiers, et qui fera Etably contre le mur Crenelle de l'Enceinte de Louisbourg. 1739. Verrier. Archives Nationales Colonies Cil A 126 pièce 105. 1739. Louisbourg, 1723. Archives Nationales, Colonies CllA, 126, pièce 10. 1723. Plans et Profils d'une Digue et d'une porte busque'e avec des Ecluses, que l'on propose d'Etablir uers le fond du Port de Louisbourg, pour former un bassin, dans lequel les battimts pescheurs hiuerneronts 1739. Archives Nationales Colonies CllA, 126, pièce 107. Verrier. 1739. Plan du Port et de la Ville de Louisbourg Avec ses Batteries et sa Perspective, ou est réprésenté les batteries faites par les Anglais pour l'attaque de la ditte Ville. 1759. Magaguadavic River, New Brunswick. No. XXIV. Plan of the Rivers Scoudiac and Magaguadavic from the Actual Surveys thereof made in 1796, 1797 & 1798 under the Authority of the Commissioners. Appointed pursuant to the 5th Article of the Treaty of Amity, Commerce of Navigation between His Britannic Majesty & $ie United States of America the former of -which Rivers was decided by the said Commissioners to be the true River St. Croix iatended by the Treaty of Peace between those Powers. CO. Lib. New Brunswick No. 19. 1796. Manitoba Province— Township 1, Range 7, East of Principal Meridian. 10, ' 26, West 11, ' 26, " 25, ' 5, East 27, 6, " 27, 7, " 28, 3, " 28, 7, " 31, 7, West 43, ' 25, " REPORT FOR THE YEAR 1932 Township 48, Range 14, West of Principal Meridian. 55, S 26, 57, ' 27, 60, ' 21, 60, ' 22, 65, 2, 65, 3, -66, ' ' 27, 65, f ' 28, Plan of Sections 6 and 7, Township 17, Range 14, East of Principal Meridian. Miminiska, Ontario. Topographical Map of Miminiska, Ontario. (Provisional Edition) National Topographic Series. Sheet No. 52P. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Miaister. Topographical Survey of Canada. 1932. Mistaya, British Columbia. Topographical Map of Mistaya, British Colwobia and Alberta. National Topographic Series. Sheet Wb. 88N/NE. Department of the Interior. Hon. Thomas G. Murphy, MinïSfor. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. 1931. Montreal, %afitaec. Plan de Ville Marie dams l'isle de Montreal, Envoyé par Mr. Denonville le 13 novembre 1685. No d'ordre 466. Mhsisbère des (Momies, D.F.C. No. 466. 1685. McLeod Lake, Northwest Territories. McLeod Lake to MacKay Lake 110-64. Geographical Section, General Staff. Department of National Defence. No. 364. 1932. New Brunswick, Province of. Part of New Brunswick. CO. Lib. New Brunswick, No. 18. Copied by C. Pettigrew at P.R.O. July, 1932. 1795? A Sketch of the Communication between the Bay of Fundy and the River St. Lawrence by the River St. John, from Captain Peach's Observations and route in the year 1761 and of others since that time. Endorsed-River St. John. CO. Lib. New Brunswick No. 13. 1761. Map of Part of New Brunswick from Frenchman's Bay to Fredericton CO. Lib. New Brunswick No. 18. 1795? Ontario, Province of. Plan of the Province of Upper Canada divided into Counties by Order of His Excellency John Graves Simcoe, Esqre. Lt. Governor and Commander in Chief of the same, etc., etc., etc. Drawn by His Excellency's most Obedient and most Humble Servant W. Chewett, DP. Surveyor. Endorsed: Canada Upper Case 37 No. 53. 1793. No. 59 (Dun) 1910. F Parent, Quebec. Topographical Map of Parent, Quebec. Provisional Edition National Topographic Series. Sheet No. 31 O/NE. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. Peterborough, Ontario. Topographical Map of Peterborough, Ontario. Sheet No. 31 D/8. Published by the Geographical Section, General Staff. Department of National Defence. 1932. Pointe-Du-Bois, Manitoba. Topographical Map of Pointe-Du-Bois Manitoba- Ontario. Provisional Edition. National Topographic Series Sheet No 52L Department of the Interior. Hon. Thomas G. Murphy, Minister' H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. Port Mouton, Nova Scotia. Topographical Map of Port Mouton, Nova Scotia Provisional Edition. National Topographic Series. Sheet No 20 P/NE Department of the Interior. Hon. Thomas G. Murphy, Minister H H Rowatt, Deputy Minister. Topographical Survey of Canada 193i 16 PUBLIC ARCHIVES Quebec, Province of. Map of the Province of Quebec and the Adjoining Coast of Labrador. MSS Colonial. 1929. Rae, Northwest Territories. Topographical Map of Rae (Northwest Territories) Exploratory. National Topographic Series. Sheets 85 N.E. and 85 N.W. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. 1932. Rainy Lake, Ontario. Topographical Map of Rainy Lake, Ontario. Pro1 isional Edition. National Topographic Series. Sheet No. 52C. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. Reindeer Lake, Northwest Territories. Topographical Map of Reindeer Lake to Point Lake. Geographical Section, General Staff. Department of National Defence. No. 356b. 1932, Revelstoke, British Columbia. Topographical Map of Revelstoke, British Columbia. National Topographic Series. Sheet No. 82 L/N.E. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. Rice Lake, Ontario. Topographical Map. Rice Lake Sheet. Ontario. Sheet No. 31 D/l. Published by the Geographical Section, General Staff, Department of National Defence, 1932. Rocky Lake Settlement, Manitoba. Plan of Rocky Lake Settlement and Lot 38 Group 371 Township 59 Range 28 West of Principal Meridian. Province of Manitoba. Department of Mines and Natural Resources, Winnipeg 31st August 1932. Rossignol, Nova Scotia. Topographical Map of Rossignol, Nova Scotia. (Provisional Edition) National Topographic Series. Sheet No. 21A/S.W. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H.' Rowatt, Deputy Minister. Topographical Survey of Canada. Saskatchewan, Province of. Township 21, Range 13, West of Second Meridian. 33, 16, " " Third | 34, 15, " " " " 35, 17, " " I | 36, j 31, " " Principal " 44, ' 21, " ' Second " 44, ' 22, " t a ti 45, j 10, " i u u 46, 9, " i a 1 46, 10, " t a tl 47, ' 7, " 1 Third 49, ' ' 25, i i 11 u 50, ' ! 14, " i It u 54, ; ' 12, " t tt tl 57, 15, " < tl tl m ' 15, | t tt tl 61, 1 30, " ' Principal " 62, ' 16, " < « a 62, < 17, " t u u 62, 25, " f t u (( m g 16, " ' t u u 63, ' 17, " ' t tt a 64, ' 16, " ' l U tt 64, ' 17, i | I tt tt REPORT FOR THE YEAR 1932 17 Scoudiac River, New Brunswick. No. XXIV. Plan of the Rivers Scoudiac and Magaguadavic from the Actual Surveys thereof made in 1796,1797 and 1798 under the Authority of the Commissioners. Appointed pursuant to the 5th Article of the Treaty of Amity, Commerce of Navigation between His Britannic Majesty and the United States of America, the former of which Rivers was decided by the said Commissioners to be the true River St. Croix intended by the Treaty of Peace between those Powers. CO. Lib New Brunswick No. 19. 1796. Seneca Villages, New York State. A Map of the Seneca Villages and the Jesuit and French Contacts 1615-1708. Research by A. M. Stewart, Rochester, N.Y. Alexander M. Stewart, 30 Audubon St., Rochester, NY. Author and Publisher. Del. Helen M. Erickson. 1931. Sounding Creek, Alberta. Topographical Map of Sounding Creek, Alberta, Canada. Sectional Sheet No. 166. West of Fourth Meridian. Topographical- Survey of Canada, Department of the Interior. Hon. Thomas G. Murphy Minister. H. H. Rowatt, Deputy Minister. 1932. Stony Rapids Portage, Northwest Territories. Topographical Map of Stony Rapids Portage to Wholdaia Lake. Geographical Section, General Staff. Department of National Defence. No. 358a. 1932. Taschereau, Quebec. Topographical Map of Taschereau, Quebec. Provisional Edition. National Topographic Series. Sheet No. 32D/ NE. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. Toronto, Ontario. Topographical Map of Toronto, Ontario, Canada. Sheet No. 30 M. Published by the Geographical Section, General Staff, Department of National Defence. 1932. G.S.G.S. No. 361. Wellington, Ontario. Topographical Map of Wellington, Ontario. Sheet No. 30N/14. - Published by the Geographical Section, General Staff Department of National Defence. 1932. ' Wholdaia Lake, Northwest Territories. Topographical Map of Wholdaia Lake to Barlow Lake. Geographical Section, General Staff, Department of National Defence. No. 358b. Yellowknife River, Northwest Territories. Topographical Map of Yellowknife River to Reindeer Lake. Geographical Section, General Staff, Department of Natonal Defence. No. 356a. 1932. Yoho, British Columbia. Topographical Map of Yoho, British Columbia and Alberta. National Topographic Series. Sheet No. 82 N/SE. Department of the Interior. Hon. Thomas G. Murphy, Minister. H. H. Rowatt, Deputy Minister. Topographical Survey of Canada. 1932. I. RESEARCH One hundred and fifty-eight special investigations were made by the 'Division, in the interest of the federal and provincial governments, public and Private institutions, and individuals. Several of these required long and difficult Ifesearch work. The preparation of aids to future research, particularly bibliographical and biographical, has been continued. II. PUBLICATIONS Work on further instalments of- the Catalogue of Pictures, and on other proposed publications, has been temporarily suspended because of a reduction in the staff. 18 PUBLIC ARCHIVES III. PAINTINGS, DRAWINGS AND PRINTS Pictures received, 253. Volumes received (collections and catalogues of pictures), 12. Pictures catalogued, 2,189. More than 40,000 pictures have now been catalogued. The reorgaaization of the files of unframed pictures, to which reference was made in the last report, is practically complete. IV. PHOTOSTATS AND PHOTOGRAPHS Photostat negatives prepared and indexed, 133. Photograph negatives prepared and indexed, 161. During the year, 141 photographic and 337 photostatic prints of material in the Public Archives were supplied by this Division. The large decrease in these numbers, as compared with those of recent years, has been due to the restrictions imposed on this service at the beginning of the fiscal year 1932- 1933. The interest of the public in the work of the Division remains unabated. V. LANTERN SLIDES Lantern slides prepared and indexed, 112. Lantern slides loaned, 756. There are now 663 lantern slides, of many of which one or more duplicates are available. New regulations adopted at the beginning of the fiscal year have resulted in a decrease in the number of applications for loans. LIBRARY DIVISION Books and pamphlets received and card-indexed 1,190 Books loaned to students and staff 11,110 Index-cards prepared and typed 17,500 Newspaper and magazine articles classified 2,500 Researches made for bibliography and information 207 Volume II of Catalogue of Pamphlets, 1878-1931, prepared by Librarian and issued as Archives Publication No. 13. BINDERY DIVISION Volumes bound 2,851 Requisitions for repairs 123 Portfolios, tagfolders, etc., for manuscripts 1,451 Maps and pictures mounted i 325 Manuscripts repaired and bound (Vols.) '218 Photostat maps assembled 333 In various stages of progress 237- PHOTOGRAPHIC DIVISION Pages photostated 10327 Plates made " \qq Prints from plates ^jq APPENDIX A (Continued) Calendar of State Papers, Addressed by the Secretaries of State for the Colonies to the Governors General or Officers Administering the Province of Lower Canada, from 1787 until 1841. (Series G of Public Archives) 1838-1841 494 PUBLIC ARCHIVES 1838 G. 41. (1838) Downing st., Glenelg to Durham. No. 129. Requesting that Hale be required Nov.i. ' to pay fees for renewal of patent as Receiver General on demise of Crown. P- 1 Downing st., Glenelg to Durham. No. 130. Enclosing letter from Wm. Booth Nov. 5. respecting some property left to him in Montreal. (Enclosure.) p. 5 Downing st., Glenelg to Durham. No. 131. Acknowledging despatch No. 59 Nov-8- of Sept. 17, and calling attention to his (Glenelg's) despatch No. 72 of July 18 on same subject of militia claims to Crown Lands. As Durham's measure was in accordance with principles of that despatch, it was approved. Delays and obstacles interposed by officials in Lower Canada had already engaged attention and instructions given for corrective measures. Any other necessary measures to same end would be approved. P- 16 Downing st., Glenelg to Durham. No. 132. Acknowledging despatch No. 64 Xov-9- of Sept. 2, respecting claim of T. H. Thompson for arrears of salary as Clerk of Court of Escheats. p. 32 Glenelg to Durham. No. 133. Downing st., u jn my despatch of the 26 Ultimo, I abstained from any notice of ' ov' ' Your Lordships despatch, No. 67 of the 28 September & of the obser vations contained in Your dispatch No. 68 of the same date on the proceedings which in your opinion ought to have been taken by Her Majestys Government with regard to the Ordinance of the Special Council of Lower Canada therein referred to—having thought it desirable to reserve for a separate communication my remarks on those subjects. Her Majestys Government have attentively considered the statements which you have addressed to me of your views as to the legality of that Ordinance. Without intending to enter on a legal discussion or to offer any further opinion than that which on the authority of the Law Officers of the Crown I have already conveyed to you on this subject, I have to express my satisfaction that little difference of opinion exists between Your Lordship and ourselves as to the extent to which any valid legal objections could be urged against the Ordinance. Waving the question of your right to send to Bermuda persons under restraint, by virtue not of an order or sentence of transportation, but of an Ordinance of the Special Council of Lower Canada subjecting them to banishment to that particular place it is admitted on all hands that so far as it purported to confer on Her Majesty the power of imposing restraint on the parties named in it while in Bermuda, the ordinance was at least inoperative— Your Lordship has now informed me that you were always fully aware of this defect, & that, "that part of the Ordinance was passed with a perfect knowledge that it was wholly inoperative, & that the Prisoners could not be compelled to remain in Bermuda, without the adoption of measures in aid of Your Legislature by the authorities of the Island or of the Empire". Your Lordship has further stated "it to have been the business of Her Majestys Government on the arrival of the Prisoners at the Bermudas either thro' the Imperial Parliament or thro' the Local Legislature to retain them there".—Her Majestys Government regret that until the receipt of Your recent despatches they had no reason to believe that such was Your view or opinion at the time when the Ordinance was passed. Neither in Your despatch G. 41 REPORT FOR THE YEAR 1930 transmitting the Ordinance to this Country nor in your despatch to 1838 the Governor of Bermuda informing him of Your having sent the prisoners to that place was any allusion made to your expectations of the adoption of any such measures. As the Prisoners were sent to Bermuda within a few days after the passing of the Ordinance, and consequently long before it could possibly reach this Country, the intervention of the Legislature of the Bermudas on which you now appear to have relied could not have been made available at the suggestion of Her Majestys Government, for the purpose of authorizing their restraint on their arrival there. That object could only have been attained by a suggestion from yourself to the Governor of Bermuda of the expediency of recommending to the Local Legislature an Enactment of the required character, in case that Legislature should have been at the time in Session, and the Governor should have thought that such a recommendation would be favourably received. The propriety of proposing a measure to the Imperial Parliament to supply the defect in the Ordinance did not escape the attention of Her Majestys Government. It was fully considered by them. Your Lordship will not expect me to state in a despatch the reasons which induced Her Majestys Government after full deliberation to think such a course inexpedient. That I abstained from adverting to it in my dispatch to Your Lordship of the 18th August was solely owing to the absence of any reference in your previous dispatches to the expectation which it appears Your Lordship entertained that such a course would have been adopted.— There is one other topic to which I hoped it would have been unnecessary for me to recur, but which after the renewed allusion to it in Your Lordship's despatch No. 66, I cannot altogether pass over in silence.—I mean the appointment of Mr. Turton as an Executive Councillor. I abstained from replying to Your despatch of 30th July No. 30 on this subject from a conviction that the correspondence which had already taken place with regard to it, could not be continued without a wide departure from the ordinary Rules of official communications, and without exposing to needless pain the individual who had unfortunately been the occasion of it. The observations however which you have made in your dispatch of the 25 September compel me to remind you that Your selection of that Gentleman for the office of Your Legal Adviser, was made by you without any previous communication to Lord Melbourne or to myself, & without any knowledge on our part of Your intention, and that as soon as it was known to us Lord Melbourne stated to you the decided objection which he entertained to the appointment. In consequence of this intimation from Lord Melbourne you waived the appointment, expressing at the same time Your intention in consideration of the painful position in which Mr. Turton would otherwise be placed that he should proceed to Canada as your private friend. It was unquestionably the firm impression & expectation of Lord Melbourne and of myself that whatever assistance Mr. Turton might render to Your Lordship, would be given in a private capacity and that he was not to fill any official situation connected with Your Mission."— p44 15401-32 .. _____ PUBLIC ARCHIVES G. 41 1838 Downing St.. Nov. 15. Glenelg to Durham. No. 134. "I have had the honor to receive Your Lordships dispatch of the 9th of October, No. 80, enclosing Copies of two Proclamations bearing date respectively the 8th and 9th of that month and published by you in the Quebec Gazette. Of the proclamation of the 8th of October, I am commanded to convey to you Her Majestys approval. The Proclamation of the 9th of October, Her Majesty's confidential Advisers regard not merely as a deviation from the Course which has hitherto been invariably pursued by the Governors of the British Possessions abroad, but as a dangerous departure from the practice and principles of the constitution. They consider as open to most serious objection an Appeal by such an officer to the Public at large from Measures adopted by the Sovereign with the advice and consent of the Parliament. The terms in which that appeal has in this instance been made appear to Her Majestys Ministers calculated to impair the reverence due to The Royal authority in the Colony, to derogate from the character of the Imperial Legislature to excite amongst the disaffected hopes of impunity, and to enhance the difficulties with which Your Lordships Successor will have to contend. The Ministers of The Crown having humbly submitted this opinion to The Queen it is, my duty to inform you, that I have received Her Majestys Commands to signify to Your Lordship Her Majestys disapprobation of your proclamation of the 9th of October. Under these circumstances Her Majestys Government are compelled to admit that Your Continuance in the Government of British North America could be attended with no beneficial results. I presume that before your receipt of this dispatch, Your Lordship will have delivered over the Government of Lower Canada to Sir Jdhn Colborne to whom I shall address the requisite instructions for his guidance." p. 61 Glenelg to Colborne. No. 1. Transmitting copy of despatch to Durham No. 126 of Oct. 26, and instructing him to regard it as addressed to himself, so far as concerned measures for ensuring the security of the province, and for constituting a tribunal for trial of persons thereafter charged with treason or murder. (Despatch No. 126 enclosed.) p. 68 Glenelg to Colborne. No. 2. Stating with reference to Durham's despatch No. 50 of August 31, that Treasury had authorized Bishop of Montreal to draw salary at rate of £1,000 a year from death of Bishop of Quebec until April 1, 1838. p. 105 Glenelg to Colborne. No. 3. Enclosing papers respecting request of Samuel Fisher for assistance in recovering property from a bankrupt. (Three enclosures.) p. 108 Glenelg to Colborne. No. 4. " The views of Her Majesty's Government as to the proper course to be taken for the protection of the Loyal Inhabitants of Lower Canada against the intrigues or violence of the disaffected, have been fully stated in my Despatch to the Earl of Durham of the 26th of October No. 126, a Copy of which I enclosed for your guidance in my Despatch of the 15th of this Month, No. 1. It may however not improbably occur to you that Lord Durham's Proclamation of the 9th of October, has to some extent, superseded the instructions contained in my Despatch of the G. 41 REPORT FOR THE YEAR 1930 26th October, which was addressed to His Lordship before I was 1838 aware even of the existence of that proclamation. I am therefore anxious to relieve you from any embarrassment which you may feel in acting upon instructions incompatible with some passages of a Public Proclamation so recently addressed to Her Majesty's Subjects in North America by the Officer representing The Queen in that part of Her Majestys Dominions. In my Despatch of the 18th of August No. 89, written on the unhesitating assumption that the disallowance of the Ordinance, 1 Vict: Cap. 1, did not bring within the reach of the General Amnesty of the 28th June the persons who had been expressly excepted from it, I explained the course which it would be proper for the local Government to pursue respecting them. I must suppose, altho' Lord Durham's Despatch is silent on that subject, that his Lordship did not proceed to a public announcement of the opposite Construction of the Law, except in submission to some legal authority to which he considered himself bound to defer. But whatever may have been the weight due to that Authority, Her Majesty's Government must regard, both as unnecessary and inexpedient, the public declaration by the Governor of the Province of a legal right, of which Her Majestys Confidential Advisers did not admit the existence. It was a question which, if raised by any of the parties more immediately interested, should under such Circumstances have been left by the Local Government to the decision of the Legal Tribunals of the Province. Her Majesty's Ministers adhere to their Original view of this question. They see no reason to retract or qualify the opinion that the amnesty acquired no new force or extension by the disallowance of the Ordinance. It is however needless to pursue a discussion which, under the altered Circumstances of the Case, could lead to no practical result. The Proclamation of the 9th of October has given to the Amnesty of the 28th of June a construction which, however erroneous, pledges the faith of the Government for the impunity of all Political offences, by whomsoever committed, previously to that date. At the same time I cannot suppose that there is any reason for regarding the return of the exiles to Lower Canada with less apprehension now, than was felt and expressed by Lord Durham himself in the Month of June. The evil is indeed greatly aggravated, for they will return not as objects of the Royal Clemency but in an apparent triumph over the Government and the Law. Lord Durham's public announcement of the impunity of these persons was not even qualified by a reference to that condition of the Amnesty of the 28th June which required those who should claim the benefit of it to give such security for their future good and loyal behaviour as the local Government might direct. Her Majesty's Ministers are however of opinion that this condition is still binding and that you are at liberty to enforce it in any case in which you may consider such a measure desirable. I trust, that the course of proceeding which my Despatch of the 26th of October contemplates will be sufficient to protect the loyal Inhabitants from the suspense and agitation Which might result from the unrestrained attempts of the disaffected to propagate their own views and to excite disorder—But it cannot be too clearly understood nor too generally made known, that Her Majesty's Government are resolved and prepared to use all the resources at their command for this purpose. If the measures which I have already pointed out in 15401—32_S PUBLIC ARCHIVES G. 41 my Despatch of 26th October should be inadequate to that end, you may rely on the unequivocal sanction and firm support of the Ministers of the Crown in any further proceedings which in the exercise of your powers as Administrator of the Government you may take for defeating intrigues against the public peace and the Royal Authority even though these intrigues should be conducted in such a manner as not to render the Authors of them amenable, to the Legal Tribunals in the ordinary course of Law. You will have observed that the instruction under the Sign Manual of the 13th April last authorizes the Officer administering the Government of Lower Canada for the time being in the absence of the Governor General to appoint Special Councillors for the purposes of the Act 1 Vic. Cap. 9." p. 124 Glenelg to Colborne. No. 5. Notifying him that his emoluments would be on same footing as before Durham's arrival, p. 135 Glenelg to Colborne. No. 6. "In my Dispatch of the 26 Octr., marked Confidential, I called the attention of the Earl of Durham to the intelligence which had been transmitted to Her Majesty's Government by Mr. Fox of extensive preparations alleged to have been made on the American Frontier for an attack on the possessions of Her Majesty in Canada—and I expressed the confidence of Her Majesty's Government that no precautions would be omitted by Lord Durham in conjunction with yourself & the Lt. Governor of Upper Canada to provide for the security of the Provinces in case any such designs as those referred to by Mr. Fox should be really entertained. From Lord Durham's Dispatches No. 84, of the 16th October, & No. 89, of the 20th Octr., both of which reached this Office on the 20th inst., Her Majesty's Government regret to learn that the intelligence communicated by Mr. Fox had been confirmed from other quarters, and that while his Lordship had great reason to apprehend that there had been suddenly formed throughout the Bordering States a widely ramified conspiracy bent on the invasion of the British Dominions in America, be at the same time entertained no doubt of the existence of an organization of the disaffected in Lower Canada which might lend a most pernicious aid to any attack from without. From the latest communication from Mr. Fox to Her Majesty's Government dated the 18th Octr., I am induced to hope that the apprehension of a combined and organized attack from without may have been in some degree exaggerated, and I am happy to observe that Mr. Fox was inclined to believe that if peace should be preserved during the winter within the British Provinces, the alarm would result in nothing worse than frequent & idle threats of invasion, which, though harrassing to Her Majesty's Troops, and vexatious & irritating to the Loyal inhabitants on the Frontier would cause no serious injury.—At the same time it is impossible with the vague and uncertain information which we possess to trust to anything but the ability to meet and repeal hostile aggression. Her Majesty's Government, therefore, cannot hesitate to approve of the precautions which at the suggestion of Lord Durham you were about to take for this purpose. They feel entire confidence in your foresight, energy, & judgment, and with the means at your disposal, they can entertain no apprehension as to the result of an attack on either of the Canadian Provinces from the American Frontier. I trust indeed that the preparations which you may have found it necessary to make may G. 41 REPORT FOR THE YEAR 1930 have been on a less extensive scale both as to men and expenditure than was anticipated by Lord Durham, but the sources of information to which you have access will enable you to judge more correctly than we can do at this distance of the nature & extent of the danger and as to the preparations that may be necessary for encountering it—, Her Majesty's Government can impose on you no further restrictions than those which your own experience and a regard to the public interests would dictate. Her Majesty's Government have not perused without grave concern the description given by Lord Durham of the internal state of the Canadas. I am unwilling to enter into a discussion as to the causes of the prevailing excitement of the public mind in those provinces, but when I find that feeling ascribed to a prospect of a new change in the system of Government and to the disturbance by the Acts of Her Majesty's Ministers of a settled Policy which had been judged both by its advocates & its opponents to have been definitively adopted, I cannot refrain from observing that I consider it to have been the duty of the Local Government to have omitted no means of removing from the minds of the inhabitants so erroneous an impression, and of assuring them of the fact that the general Policy pursued by Lord Durham from the commencement of his Administration to the period when he first announced his intention of resigning his Office had met with the cordial approbation of Her Majesty's Government. The disallowance of the Ordinance 1. Vict: Cap: 1.—the grounds of which disallowance have been long since fully explained, was accompanied with the most explicit assurance of the undiminished confidence of H.M. Government in Lord Durham, & of their entire approval of the object & spirit with which that Ordinance had been framed. It was further accompanied with suggestions calculated to obviate the evils which the disallowance of the Ordinance might otherwise have been expected to produce. H.M. Ministers cannot admit that Lord Durham was entitled to devolve on them the responsibility for the rejection of those suggestions, & for the impression which appears to have consequently prevailed in Canada, that the Loyal Inhabitants of the Province were to look for no support from this Country, & that the system of Government was again to be changed. At the same time, they deeply regret the public declaration by which the Individuals comprised in the provisions of the Ordinance have, contrary to the express views & opinion of H.M. Government been encouraged to return to the Province, & that too at a moment when it is alleged by Lord Durham himself that " the indications of Conspiracy & dangerous designs, are numerous & undeniable & that a formidable organization, bound together by Secret Oaths & Secret signs, undoubtedly exists." To allay the excited feelings of which there is unhappily too conclusive evidence, to remove the erroneous apprehension of a change in the system of Government,—and to restore a confidence in the determination of Her Majesty's Ministers to support and protect the Loyal Inhabitants of Canada will be the end to which you will direct your earnest and unremitting endeavours. My recent instructions render it superfluous for me to address to you in this Dispatch any specific directions as to the measures to be adopted for counteracting the intrigues and designs of the disaffected. My chief object, at present, is to impress on you the no less important duty suggested by the Dispatches before me of re-assuring the Loyal and Faithful Subjects of Her Majesty in the Province, and of strengthening their attachment to their Sovereign and to the British Empire." p. 138 1838 PUBLIC ARCHIVES G. 41 1838 Downing St. Nov. 24. Glenelg to Colborne. (Separate.) Referring to despatch No. 6 of same date, Colborne was enjoined to restrain within narrowest limits possible the raising and arming volunteers to meet crisis. The increase of existing animosities by arming one part of population against another and the fostering in one class a taste for excitements of military life were evils of greatest kind, only to be justified by overruling necessity. There was also question of expense which was embarrassing Government. Suggestions made for reducing this expense, and memorandum sent for guidance, of arrangements for employing volunteers in recent Kaffir War at Cape of Good Hope. (Memo, enclosed.) P-150 Glenelg to Colborne. No. 7. Enclosing copy of letter from Messrs. Kearsey, Hughes and Thomas soliciting assistance in recovery of property from bankrupt. (Enclosure.) p. 161 Glenelg to Colborne. No. 8. Acknowledging Durham's despatches Nos. 55 and 56 of Sept. 13, and stating that rules of service preclude granting pensions to J. G. Naacke and Samuel Brogden. p. 169 Glenelg to Colborne. (Circular.) Requesting return of number of seamen and marines sent to Colonial Hospitals between 1830 and 1836 (inclusive.) p. 171 Glenelg to Colborne. No. 9. Drawing attention to despatch No. 53 of March 30, with address from House of Lords, for certain returns relating to Clergy Reserves, and asking that information be furnished. p. 172 Glenelg to Colborne. No. 10. Acknowledging Durham's despatch No. 93 of Oct. 20, calling attention to Passengers Act and its administration, and enclosing copy of Dr. Poole's evidence. It would appear that Durham was not aware subject was dealt with in despatch to Gosford dated Sept. 12, 1836, and no further representations had been made on subject to Colonial Secretary. If there were reports from Dr. Poole in Quebec, they should be sent to him. p. 174 Glenelg to Colborne. No. 11. Transmitting, in connection with Gosford's despatch No. 108 of Oct. 24, 1837, and Glenelg's No. 51 of March 20, letter from Treasury explaining why it would be inexpedient that privilege of franking should be granted to principal officers of Government in Lower Canada. (Enclosure.) p. 181 Glenelg to Colborne. No. 12. Acknowledging despatches Nos. 1, 3-6, and confidential of Nov. 5, reporting his assumption of Government, the breaking out of insurrection on Richelieu, proclamation of Martial Law in District of Montreal, and entire dispersion of insurgents. Governor's proceedings were approved; and praise bestowed for gallantry of Militia. p. 189 Glenelg to Colborne. No. 13. Acknowledging Durham's despatch No. 95, of Oct. 22, and stating that Colborne's reports to the Commander in Chief had been transmitted to him, with reference to necessity of strengthening the military forces in Canada. Account was given of additional regiments which were being sent to Nova Scotia where they would be available for service in Canada if required, p. 193 Glenelg to Colborne. No. 14. Stating protest had been received from J. H. Kerr, acting for a sister of Miss Sophia S. Holland, against granting whole sum of £500 to latter as granddaughter of Major G_ 41 REPORT FOR THE YEAR 1930 501 Holland, in compensation for garden of Chateau St. Louis, which 1838 belonged to Major Holland. It was claimed that Mr. Kerr's client was entitled to share equally in grant. Instructions given to have papers sent to Colonial Secretary. P-198 Glenelg to Colborne. No. 14 A. Announcing that Government Downing St., had decided to appoint him Governor General of British North ec- America, pending appointment of permanent successor to Durham. His powers would be the same as those conferred upon Durham. These were to be found in Despatch No. 8 of April 3, 1838. p. 200 Glenelg to Colborne. (Separate.) Transmitting four commis- Downing st., sions appointing him Governor of Upper and Lower Canada, Nova Dec-12- Scotia and New Brunswick with instructions; also commission appointing him Captain General and Governor in Chief of British North America. Commission appointing him Governor of Prince Edward Island would be sent direct to Lieut. Governor of that colony, as it contained provision for separation of Legislative and Executive Councils. P- 204 Glenelg to Colborne. No. 15. On provision to be made forgOTjigSt., families of those who had fallen in engagement with rebels in Lower Canada. Officers and men in militia and volunteer corps, woimded, and widows of those killed in active service, were to be treated as regards pensions and gratuities in same manner as if these corps belonged to regular forces. The families of Chartrand and McKechnie should receive gratuities payable out of Provincial revenues. List of other special cases should be submitted to Colonial Secretary, p. 207 Glenelg to Colborne. No. 16. Acknowledging Durham's des-Downing st., patches Nos. 91 and 98 of Oct. 20 and 25, and conveying approval of Dec-| the appointments of James Stuart as successor to Chief Justice Sewell, of Solicitor General O'Sullivan to succeed Chief Justice Reid, and of Andrew Stuart to be Solicitor General. P- 214 Glenelg to Colborne. No. 17. Acknowledging despatch No. 4 of Downing st., Nov. 17, and stating that ordinances accompanying despatches were Dec- \ under consideration. Enquiring names of Special Council. p. 217 Glenelg to Colborne. No. 18. Transmitting Order in Council Downmg st., disallowing ordinance " to provide for the security of the Province Dec- "• of Lower Canada." P-220 Enclosure:— Dec.n. Extract from Report of Committee of Council for Trade for disallowing an Ordinance passed in Lower Canada in June 28, the ground being " because so much of it as relates to the custody of the persons therein mentioned in the Bermuda Islands was beyond the competency of the Governor and Special Council by whom the said Ordinance was enacted." P-222 Glenelg to Colborne. No. 19. With reference to Governor's Downing st., despatch to Lord F. Somerset of Oct. 31, with correspondence with *><*• a Sir George Arthur respecting measures for defence of Upper Canada, entire approval was conveyed of arrangements outlined for defence of both provinces, and of general views expressed to Arthur. Latter was instructed that all arrangements of that nature should be subject to concurrence of Colborne. P- 225 PUBLIC ARCHIVES G. 41 Glenelg to Colborne. (Confidential.) " Her Majesty's Government have had under their consideration a Dispatch from Mr. Fox dated the 19 Ulto., reporting the events connected with the affairs of Canada which up to that date had come to his knowledge, and the representations which he had addressed on the subject to the Government of the United States. As Mr. Fox is in direct Communication with you and as the circumstances which he reports are the same as those of which I have also received information from you, it is unnecessary tha-, I should recapitulate the substance of his Dispatch—I proceed therefore at once to inform you of the views which Her Majesty's Government entertain of the more important points adverted to by Mr. Fox. In respect to the number & size of the Vessels employed in the Canadian Lakes Her Majesty's Government approve of his suggestion that no communication should at present be addressed to the United States Government. If any representation is made to Mr. Fox by the Government of the United States upon this subject Mr. Fox will be instructed to say that he will immediately transmit such representations for the consideration of Her Majesty's Government, and that he is persuaded that the United States Government, animated by a sincere desire to perform the duties of good neighbourhood towards Great Britain, will give Her Majesty's Government Credit for being anxious to keep within the letter of the Agreement of 1817, as far as is consistent with the paramount consideration and imperative duty of Self Defence. Mr. Fox will add that the Agreement of 1817 contemplates a State of Peace between the two Countries, and limits the ■ amount of Naval Force on both sides to the extent which may be sufficient for ordinary purposes of police during Peace; and if the Government of the United States had been able by the exertion of its own Authority to prevent open War from being carried on against the British Possessions by Citizens of the Union, Her Majesty's Government would have had no sufficient reason for aiming beyond the limits prescribed by the Agreement of 1817; but the power & authority of the United States Government have been insufficient to preserve Peace between the people of the two Countries, and although the most friendly relations subsist between the two Governments, yet large Bodies of Armed Citizens of the United States have made War against the British Territory. In this strange and anomalous state of things, the Possessions of the British Crown being hostilely invaded by a People whose Government is at peace with Great Britain, Her Majesty's Government must consider themselves released from all restrictions as to the Nature and extent of the Means which it may be necessary for them to employ, in order to repel invasion, and to defend from attack the Possessions of the British Crown. With respect to retaliatory incursions into the United States, Mr. Fox will be instructed to state to the Government of the United States that H M Government would very sincerely regret the occurrence of any case in which it would be necessary for H.M. Troops or armed subjects to pursue bands of Rebels or Pirates beyond the Frontier of the British Possessions, and that Her Majesty's Government hope and trust that no such case of necessity will occur; but that nevertheless it might happen that a Band of Plunderers having organized and armed within the United States, in spite of the Vigilance of the United States authorities, might, notwithstanding all the endeavours of those Authorities, cross over the Boundary Line and invade the G. 41 REPORT FOR THE YEAR l Possessions of the British Crown; and that it is possible Her Ma- 1838 jesty's Forces, after having defeated and dispersed those Bands, might be obliged, with a view to their more complete destruction, to pursue them for a short way across the Frontier: But that H.M. Government are persuaded that if this should unavoidably happen, the United States Government will see in the circumstances of the moment a sufficient excuse for the irregularity, and will not take it ill, if acts of positive War against Great Britain committed by individual citizens of the Union should lead, not to retaliation for the sake of vengeance, but to some little overstepping of the Boundary of the Union, for the purpose of more effectually abating a danger which the authorities of the States, would, in such a supposition, have been unable to control. Having thus placed you in possession of the purport of the communication which Mr. Fox has been instructed to address to the Government of the United States, I have to add that notwithstanding the nature of that communication, H M Government would very much regret that any circumstances should occur which might afford to the Govt, of the United States even a plausible pretext for complaining of the invasion of their territory by HM. Forces or armed subjects, or which might increase the risk of hostile collisions between the two Countries. As I am persuaded that you concur in these sentiments I have no doubt that you will use every exertion to prevent the violation by British subjects of the United States territory, notwithstanding the unjustifiable proceedings to which the loyal inhabitants of Canada have been exposed by Brigands from the United States. I have to request that you will confidentially communicate the purport of this Despatch to Sir G. Arthur." p. 229 Glenelg to Colborne. No. 20. Transmitting Order in Council of Downing st Dec. 12, approving of Report of Committee of Privy Council for Deo-16- Trade and Foreign Plantations recommending that Ordinances passed in April and May No. 1 to No. 24, except Nos. 2 and 14 be left to their operation. (Order in Council not herewith.) p. 242 Glenelg to Colborne. No. 21. Enquiring on behalf of man's Downing st mother, for information respecting T. Ostell. p. 243 Deo-18< _ Glenelg to Colborne. No. 22. Stating that Mr. Roebuck com-P°™«sst plained that the provision to defray contingencies of late House of ' ' Assembly did not mention his salary as agent for Lower Canada for 1836 and 1837, and requesting explanation. p. 248 Glenelg to Colborne. No. 23. Stating, with reference to Dur- Downing st ham's despatch No. 114 of Nov. 1, that Treasury had directed pay- Deo-21- ment of expenses sanctioned by him on account of survey of Welland Canal. p. 253 Glenelg to Colborne. No. 24. Acknowledging Durham's des- Downing st patch No. 107 of Oct. 30, with a copy of his proclamation respecting Dec-r " Squatters " who had settled and cultivated portions of the Crown Lands without title, and approving of arrangement to give these squatters right of pre-emption of land on which they were settled to extent of 200 acres each, at upset price of land in the district. Precautions to be employed to prevent imposition. p. 256 Glenelg to Colborne. No. 25. Stating, with reference to Dur- Downing st ham's despatch No. 110 of Oct. 30, that 11 convicts whose names are d®0-22- given arrived at Liverpool on Dec. 18, and were placed in jail there. Discrepancy noted between Judge's reports and particulars given in PUBLIC ARCHIVES «J- 41 despatch, for which explanation was requested. Under peculiar circumstances, Durham's resolution to carry into effect sentence of trans--> portation notwithstanding instructions of May 25, 1837, was approved, as state of jails must have rendered this measure inevitable. p. 265 Glenelg to Colborne. (Circular.) Stating that arrangement had been made for supplying annually to each of the colonies, so many, copies of Imperial Acts as may be required for the respective legislatures and courts of justice. P- 269 Glenelg to Colborne. No. 26. Transmitting correspondence from Treasury respecting payment of £200 sterling to Major Hall, Asst. Quarter Master General on account of secret service, and directing that, if this sum was properly payable from Colonial funds, it be repaid from Military Chest in Canada. (Four enclosures.) p. 272 Glenelg to Colborne. No. 27. Stating, with reference to Durham's despatch No. 62 of Sept. 19, that Treasury desire further information to enable them to deal with question of stationing in St. Lawrence a Government steamer of light draft for service of Governor. (Enclosure of letter from Treasury.) p. 278 Glenelg to Colborne. No. 28. Stating with reference to Durham's despatch No. 109 of Oct. 30, that on recommendation of Secretary of War, Treasury had consented to grant of allowance to troops serving in Canada to enable them to defray expense of additional clothing. p. 291 Glenelg to Colborne. No. 29. Acknowledging despatch No. 9 of Nov. 27, and directing that Mr. Harwood be informed that, after reconsideration, he could not admit claim of grand daughters of M. Lotbinière to 150,000 acres of land under Order in Council dated 1776. . p. 295 Glenelg to Colborne. No. 30. Stating that Treasury, after consideration of despatch of Oct 12, had no fund at their disposal from which pension could be granted to Donald McGillis for services in first and second American wars, but that case should be laid before Legislature of Upper Canada for sympathetic consideration. p. 299 Glenelg to Colborne. No. 31. Stating with reference to his despatch of 13th inst. marked separate, that Admiralty had issued instruc-i tions for preparation of his commission as Vice-Admiral of Upper and Lower Canada, of Nova Scotia, New Brunswick and Prince Edward Island. p. 304 Glenelg to Colborne. (Confidential.) "Before you can receive the present dispatch, you will in all probability have already been obliged to perform the duty of determining upon the fate of the persons convicted of participating in the late transactions in the Canadas. Her Majesty's Government have no doubt you will have acted in the difficult circumstances in which you are placed in the manner most calculated to ensure the future peace of Her Majesty's North American Dominions. We are aware that the crisis demands promptitude of action, and that this second rebellion may have called for measures of a more severe character than those which were applicable to the former. I conclude that you have considered the Instructions contained in my Dispatches of the 6th Jany & 21st of April last, as not applicable to this new & very different state of affairs. But to obviate any possible misconception which REPORT FOR THE YEAR 1930 G. 41 might arise on that subject, I have to desire that you will regard those 1* Instructions as no longer in force. Assuming that the fate of the principal delinquents will have been decided, there may now be parties in custody as to whose disposal you may entertain some doubts. I am, therefore, to express to you the wish of the Government that unless in cases of those more heinous offenders, transportation may be substituted for the infliction of a capital sentence. At the same time the Government are persuaded that your intimate acquaintance with the present state of the Colony, and of the circumstances under which the individuals in question have become amenable to punishment will enable you to decide justly & impartially, without listening to resentment on the one hand or yielding to false humanity on the other, on the most proper course to be adopted towards each offender." p. 306 Glenelg to Colborne. No. 32. Transmitting Royal warrants for Down appointment of James Stuart as Chief Justice of Lower Canada;Deo-3 Michael O'Sullivan, as Chief Justice of Montreal; Andrew Stuart, as Solicitor General. p. 315 Colborne to Glenelg. No. 3. Acknowledging despatch No. 4 Goven of Nov. 19, containing observations on Durham's Proclamation of j^r Oct. 9, with reference to refugees and exiles. In view of outbreak 3&^l in Nov. 1838, none of those excepted from the general amnesty of June 28, could be allowed to take up residence in Lower Canada without jeopardizing peace of colony. Rodier and Cartier, two refugees, returned to Montreal nine or ten days before outbreak, and petitioned to remain. Their petition was granted on their giving security for future good conduct, and they appeared grateful. Several of the Bermuda exiles were on frontier for some time; one of them Goddu entered province and proceeded to St. Cesaire his family home. He was ordered to leave province on pain of arrest. Since his departure he petitioned for pardon, which was under consideration. Wolfred Nelson, Bou- chette and Gauvin having attended meeting of Patriots in New York for purpose of continuing hostilities could have no claim under Proclamation of Oct. 9. Resolution expressed to exercise full powers as Administrator in adopting such vigorous measure as appeared to be necessary. p. 318 G. 42. (1839) Glenelg to Colborne. No. 33. Acknowledging Durham's despatch No. 86 of Oct. 19, and authorizing that the £500 paid to Church 1 of Scotland in Lower Canada from the interest on the sales of the Ji Clergy Reserves be continued until further notice. p. 1 Glenelg to Colborne. No. 34. Stating that no legal objections 1 were found in Provincial Ordinances No. 1 to No. 12 inclusive, and Jl that they would be submitted for approval. p. 5 Glenelg to Colborne. No. 35. Stating that Treasury requested r that £1,000 advanced from Military Chest to Attorney General be Jl repaid from Provincial funds. p. 7 Glenelg to Colborne. No. 36. Acknowledging despatch of Nov. n 30; and conveying approval of several measures for restoration of Ji peace in Lower Canada and of his sending 73rd Regt. to Upper Canada. p jq PUBLIC ARCHIVES ^- 4- Glenelg to Colborne. No. 37. Stating that Treasury, having considered memorial from Mr. Wicksteed transmitted m Durham s despatch No. 102 of Oct. 26, oa behalf of the officers of the Legislature whose functions were suspended, saw no reason for altering decision as to rate of compensation for those officers. P-13 Glenelg to Colborne. (Confidential.) Referring to reports hev> had heard of proceedings taken by Government of Lower Canada against the Russian Consul at Boston, he enclosed an extract from letter written by a member of Parliament, describing chief witness against Consul as worthless character. (Enclosure.) p. 15 Glenelg to Colborne. No. 38. Transmitting letter from Admiralty suggesting some alterations in buoys and lights in St. Lawrence, and requesting that suggestions might be investigated and reported upon. (Enclosure.) P-19 Glenelg to Colborne. No. 39. Transmitting, in connection with his despatch No. 10 of Nov. 30, copy of report of Agent General for ; Emigration on alleged remissness of Agents for Emigrants at British outports in enforcing provisions of Passengers Act. (Two enclosures.) p. 25 Glenelg to Colborne. (Circular.) Transmitting new warrant for regulation of barracks. (Enclosure not herewith.) p. 49 Glenelg to Colborne. No. 40. Acknowledging Durham's despatch No. 92 of Oct. 20, and reviewing the statements as to maladministration in Crown Lands Department which in Colonial Secretary's opinion were not borne out by facts adduced in report. There was no ground in his opinion for reversing confirmation of sale to Bruce, Shillito and Mclntyre of 66,242 acres in District of Gaspé. p. 50 Glenelg to Colborne. No. 41. Requesting, in connection with I his despatch No. 15 of Dec. 13, that information be furnished as to probable amount of pensions which would become payable during that year. p. 58 Glenelg to Colborne. No. 42. Acknowledging despatch marked confidential of Dec. 14, and conveying approval of the suspension of Judges Bedard and Panet. p. 61 Glenelg to Colborne. No. 43. Acknowledging despatch marked confidential, of Dec. 19, and conveying approval of the establishment of Court for trial of offences connected with late insurrection, and of I decision to permit sentence of death to be carried into execution in case of two out of ten prisoners convicted of high treason. p. 63 Glenelg to Colborne. (Private.) Transmitting copy of despatch to Arthur. p gg Enclosure:— Glenelg to Arthur. No. 199. Informing him that a number of political convicts had arrived at Liverpool on Dec. 17, and were lodged in jail there. On Dec. 28, on affidavits of Joseph Hume and J. A. Roebuck, writ of habeas corpus was issued to bring before Court the following—John Grant, Linus Wilson Miller, William Reynolds, Ira Anderson, James Brown, Randal Wixon, William Alves, Robert Leo- I nard Watson, John Goldsbury Parker, Finlay Malcolm, and Paul Bedford. After two hearings, adjournment was made until 21st Jan. It was hoped decision could be communicated by next mail. p. 68 G. 42 REPORT FOR THE YEAR 1930 Sub-enclosures :— Affidavits (separate) of Joseph Hume and John Arthur Roebuck, to the effect they had good reason to believe that John George Parker and eight other persons were brought to Liverpool, without trial, and detained in jail at Liverpool illegally. p. 72 Glenelg to Colborne. (Confidential.) Stating, with reference to r> confidential despatch from Colborne of Dec. 19, that measures would J: be taken for conveying such political prisoners as had been sentenced to transportation, direct from Canada to penal colonies. This however would be impossible before opening of navigation. In the meantime they were to be held in Canada. Enquiry as to probable number of such prisoners. p. 77 Glenelg to Colborne. Transmitting opinion of Law Officers to d effect that conduct of Judges Panet and Bedard in issuing writ of Ji Habeas Corpus in case of John Teed was not consistent with law. p. 80 Enclosure:— J. Campbell and R. M. Rolfe. t "We have had the honour to receive Your Lordship's letter of the Ji 19th instant, transmitting to us the Copy of a despatch from Sir John Colborne with respect to the suspension of Messrs. Panet and Bedard, two of the Puisne Judges of the District of Quebec from their Offices, and requesting our opinion whether the proceedings of these Judges on the occasion referred to were consistent with law. Having perused all the documents connected with this case, and maturely considered the subject, we have to report to Your Lordship that, in Our opinion, the Proceedings of Messrs. Panet and Bedard on the occasion referred to were not consistent with law. We think that the Writ of Habeas Corpus to bring up the body of John Teed was improperly issued by Mr. Panet on the 21st of Novr. 1838; and that his Judgment and that of Mr. Bedard on the return of this Writ, holding that it had properly issued, are entirely erroneous. The Warrant of T. A. Young on which Teed was in custody, shewed that he was committed on suspicion of high treason. Therefore the Judge before whom a copy of the Warrant was laid, had notice that the Ordinance passed by the Special Council on the 8th of November took away the power of bailing the prisoner; and if that Ordinance was Valid, the Writ ought to have been refused. The doctrine is well settled that whether a Writ of Habeas Corpus be applied for before the full Court or a single Judge, and whether under the Statute or at Common law, some probable ground for granting it must be disclosed by affidavit; and if it appears that when the prisoner is brought up he must, on his own shewing, necessarily be remanded, the Writ ought not to be granted. We consider it unnecessary to discuss the question whether the Habeas Corpus Act 31 Car 2 was introduced into Canada by 14 Geo: 3. The writ of Habeas Corpus ad subjiciendum was unquestionably introduced into Canada as part of the Criminal Law of England: but there is great difficulty in saying that the specific regulations respecting that Writ and for bringing to trial persons charged with offences introduced into England by 31 Car 2 were applicable to Canada before the provincial Ordinance of 1784. Assuming however that 31 Car 2 was introduced into Canada by the Authority of an Act of Parliament of the United Kingdom we 508 1839 PUBLIC ARCHIVES G. 42 are of opinion that it was suspended by the Ordinance of 8th November made under the Imperial Statute of 1 Vic C. 9. The two Judges have picked out and relied upon a particular expression to be found in this Statute, instead of looking to the general frame and scope of the Statute and the other enactments which it contains wholly at variance with the Construction they put upon the particular expression. The proviso respecting Acts of the Parliament of Great Britain is evidently to be confined to Acts of the same Nature as those expressly mentioned; and cannot be supposed intended to prevent the Special Council from passing any Ordinance at all to vary the C*iininal Law of Canada from what was the Criminal law of England in the 14th year of King Geo. 3. If the intended sense were given to the proviso, the Special Council would be wholly inadequate for the purpose for which it is declared to have been created, and several of the most important enactments in 1st Vic: C. 9 would be entirely nugatory. We think the two Judges would have been right in deciding that the return to the Habeas Corpus by the gaoler was insufficient, if the Writ had properly issued; but that their judgment upon the invalidity of the Ordinance of 8th November is contrary to law. As to the Habeas Corpus directed to Colonel Bowles, if the proceedings upon it are disconnected from the proceedings upon the Habeas Corpus directed to the Gaoler, they appear to us to be regular. Affidavits were laid before Mr. Bedard shewing an unlawful detention of Teed,—without disclosing that he had been committed on suspicion of Treason, on shewing any thing to bring his case within the Ordinance of 9th November. Supposing the Writ to have lawfully issued to Colonel Bowles, he was in contempt for disobeying it, and subject to. an attachment. Considering however that there was upon the files of the Court an affidavit clearly shewing that Teed had been committed on suspicion of high Treason, that this Affidavit had previously been brought to the notice of M. Bedard as well as of M. Panet, and that both Judges knew that Teed had been transferred to the Custody of Colonel Bowles upon the original charge against him, we are bound to say that in Our opinion the Habeas Corpus to Colonel Bowles ought not to have issued, and that the subsequent proceedings against him were unjustifiable." p. 82 Glenelg to Colborne. No. 45. Referring to statement in Durham's despatch No. 92 of Oct. 20 that, contrary to terms of Imperial Act 7 & 8 Geo. IV. c. 62, upwards of 110,000 acres of Clergy Reserve lands had been sold in one year, and that, of the whole, three-sevenths had been sold, and not to people intending to settle but to speculators, Colonial Secretary desired report on all facts. p. 92 Glenelg to Colborne. No. 46. Setting out in detail proceedings in Liverpool on the writ of Habeas Corpus in behalf of the Canadian prisoners who were under sentence of transportation. Court of King's Bench decided against prisoners, but application was made to Exchequer Court, the result of which was until then undecided, p. 98. Glenelg to Colborne. No. 47. Enclosing further communication from Count Mandelsloh, respecting case of Charles Maysenhôlder, and directing that proper measures be taken. (Enclosure.) p. 107 Glenelg to Colborne. Instructing that Queen's commendation be conveyed to Caughnawaga Indians for gallantry in defeat of rebels on Nov. 4, and enquiring whether, in place of presents usually given, medals or other honorary rewards might not be bestowed on those who had distinguished themselves. p. 113 G. 42 REPORT FOR THE YEAR 1930 Glenelg to Colborne. (Confidential.) Transmitting report of Attorney and Solicitor General, as to competency of court established J- by Ordinance of Lower Canada, 2 Vict. c. 3, to try and condemn to death persons convicted in connection with lato insurrection, that competency being questioned by Solicitor General of Lower Canada, p. 116 Enclosure:— J. Campbell & R. W. Rolfe to Glenelg. i " We have had the Honor to receive Your Lordship's letter of 19th Instant, transmitting to us the Copy of a Confidential Despatch from ^fSir John Colborne respecting the Measures which he had taken for •the Establishment of a Court for the Trial of Offences committed during the late insurrection, the proceedings of that Court and his intention to allow the execution of two of the Persons who had been Sentenced to Death, and with reference to the Ordinance of the Governor and Special Council of Lower Canada 2 Vic. C. 3 desiring us to take Sir John Colborne's Despatch into consideration and to report to Your Lordship Our opinion whether the opinion entertained by the Solicitor General of Lower Canada of the incompetency of the Court established under the Ordinance in question to try Prisoners under the charge of Treason rests on any valid foundation— Unfortunately we are not informed of the reasons which have induced the Solicitor General of Lower Canada to come to this opinion; but we have given the subject the most deliberate consideration and we have to report to Your Lordship that in Our opinion the Court Established under the Ordinance in question is competent to try Prisoners under the charge of Treason. We adhere to the opinion we have repeatedly expressed that the Special Council Established in Lower Canada by 1 Vic. c. 9. is not restrained from passing Ordinances which may alter the Criminal Law in Canada and make it different from the Criminal Law of England as it existed at the passing of the Canada Act 14. Geo. 3. We conceive that the power of the Special Council to Legislate respecting criminal law and the administration of it in Lower Canada is supreme—as was the power of the former Legislature of Lower Canada before it was suspended.—If this be so, it is impossible to make any distinction in point of Law between an Ordinance altering the mode of Trial of common Assaults and subjecting them to the summary jurisdiction of a Magistrate instead of being referred to a Jury and an Ordinance altering the mode of Trial in cases of Treason and enacting that instead of a Jurv they shall be tried by a Court Martial.—In 1 Vic. C. 9—there is no exception with regard to Treason, and the mode of Trying it may be altered as much as of any other offence.— It has been said by Lord Denman that any Ordinance of the Special Council contrary to the first principles of equity and Justice is void; but this doctrine does not proceed upon any express restriction upon its framers and must be equally applied to the Acts of any Supreme Legislature. That the mode of trial prescribed by the Ordinance 2 Vic. C. 3. is such as cannot lawfully be prescribed by a Supreme Legislature it is impossible for any one to contend in a British Court of Justice, after the late Irish Coercion Act and various other Acts to be found in the Statute Book of the United Kingdom.— PUBLIC ARCHIVES G. 42 If necessity will justify what is called Martial Law by Proclamation (which is a cessation of all Law) while the necessity endures, no objection can reasonably be made, where the same necessity exists, td;' a modification & mitigation of Martial Law by Legislative Enact-, ment.— p. 119 Glenelg to Colborne. No. 48. Enclosing correspondence with Treasury, in which they stated there was no objection to three fol-^f lowing Ordinances, provided Colonial Secretary sanctioned amounts of pensions, and that provisions of Imperial __-_ 1 Vict. cap. 9 had been complied with; and adding that Ordinances would be submitted^ for confirmation. p. 125 No. 30. An Ordinance to make provision for defraying the Civil Expenditure of the Provincial Government from the 1st day of April li838, to the 10th day of October of the same year. No. 31. An Ordinance to make good two certain Sums of Money therein mentioned, advanced in payment of certain indispensable expenses of the Civil Government of Lower Canada between the 1st day of March 1838, and the 31st day of October of the same year. No. 32. An Ordinance to appropriate certain Sums annually to enable Her Majesty to defray the expense of Pensions conferred on the Honourable Jonathan Sewell Esquire and the Honourable James Reid Esquire. Glenelg to Colborne. (Circular.) Sending a copy of Montgomery Martin's Statistical Account of the Colonies of the British Empire, and urging greater care in preparation of Returns. p. 133 Glenelg to Colborne. No. 49. Acknowledging despatch No. 16 of Dec. 26, with list of Executive Council, and enquiring whether appointments were intended to be merely temporary. He was abstaining from submitting names to H.M. for confirmation until he heard. p. 134 Glenelg to Colborne. No. 50. Stating that proceedings of Court Martial enclosed in despatch of Dec. 25, had been submitted to General Commanding in Chief to ascertain whether they were in accordance with Military Law and usages of General Courts Martial. p. 137 Glenelg to Colborne. No. 51. Stating that Treasury, to whom were referred Durham's despatch No. 54 of Sept. 13, expressed regret that there was no fund from which relief could be granted to widow : of Rev. R. Q. Short, Rector of Three Rivers. p. 139 Glenelg to Colborne. (Circular.) Transmitting copy of Durham's Report with part of appendix. p. 141 Glenelg to Colborne. No. 52. Enclosing letter from Count Mole to Foreign Office, interceding for a French man named Charles Hindenlang, said to have been taken prisoner at Odelltown; and requesting that such consideration be given to the intercession as facts would justify. (Two enclosures.) p. 142 Glenelg to Colborne. Acknowledging despatches Nos. 13, 14, 16, 17, 18, 1_& 2, and confidential, of Dec. 14, 19 and 31, and unnum bered of Dec. 25, and Jan. 2. p. 149 G. 42 REPORT FOR THE YEAR 1980 51 Glenelg to Colborne. No. 53. Stating that despatch No. 18 of 1839 Dec. 31, was referred to Law Officers, who reported their opinion ^"™g st., that proceedings of Judge Vallière de St. Real in granting writ of e ' ' Habeas Corpus on behalf of Celestin Houde were contrary to law. (Enclosure.) p. 150 Glenelg to Colborne. No. 57. Transmitting, in connection with Downing st., despatch No. 18 of Dec. 14, certificate of date on which Ordinance Peb'8- providing for security of province of Lower Canada was received at Colonial Office. Ordinance was received, according to certificate on Nov. 20, 1838. p. 155 Glenelg to Colborne. No. 54. Acknowledging despatch No. 3 Downing st., of Jan. 8, and conveying approval of measures taken with respect to Feb- 9- persons excepted from amnesty of June 28, 1838. p. 157 Glenelg to Colborne. No. 55. Acknowledging despatch No. 85 Downing st., of Nov. 20, and transmitting Order in Council leaving to their opera- Peb- 9" tion, Ordinances No. 28, establishing system of Police in cities of Quebec and Montreal, and No. 29 for preventing discharge of certain persons until they should have given security. (Order in Council not herewith.) p. 159 Glenelg to Colborne. No. 56. Transmitting, in connection with Downing st., his despatch No. 19 of Dec. 14, requisition from Arthur for arms Peb-9- and military stores, and requesting opinion as to whether so large a quantity was required. (Enclosure.) p. 161 Glenelg to Colborne. No. 58. Transmitting copy of letter from Downing st., Treasury desiring information relative to certain Field Allowances Peb"15- issued to staff and regimental officers serving during insurrection of 1837, and requesting report. (Two enclosures.) p. 166 Marquis of Normanby to Colborne. (Circular.) Announcing Downing st., his succession to position of Colonial Secretary, on resignation of Feb-20- Lord Glenelg. p. 182 Normanby to Colborne. (Circular.) Transmitting Royal War- Downing st., rant authorizing use of new seal for Province of Lower Canada and e ' ' requesting return of old seal. p. 183 - Normanby to Colborne. No. 1. Transmitting copy of letter Downing st., from Admiralty, stating extent to which Captain Sandom was**-84- authorized to procure services of steam vessels on Canadian lakes. (Enclosure.) p. 184 Normanby to Colborne. No. 2. Requiring information neces- Downing st., sary to furnish House of Commons with copy of Report of Commis- Peb- 25' sioners appointed to enquire into losses sustained during late rebellion, also of names of claimants and amounts claimed. p. 187 Normanby to Colborne. (Confidential.) Transmitting, with Downing st., reference to Durham's despatch No. 106 of Oct. 30, two letters from Feb-M- Treasury regarding commuted pensioners in Upper and Lower Canada. p> i90 Enclosures:— (1) G. J. Pennington to Stephen. Transmitting copy of letter Treasury addressed by Treasury to Secretary of War. p. 193 chambers, PUBLIC ARCHIVES G. 42 (2) F. Baring to Secretary of War. Stating that several communications had been received, representing the destitute condition of many of the late pensioners in Canada; that Treasury considered it would be inexpedient to renew the pensions; that relief should be granted only to those in urgent need, and should not be in the form of money, but of clothing and food, and provision for shelter for the homeless. Estimate should be prepared on this line. p. 195 Normanby to Colborne. (Confidential.) Stating that Fox, Minister at Washington, had sent copies of correspondence between himself and Buchanan, British Consul at New York, from which it appeared that latter had been in communication with Papineau respecting conditions in Canada; and that Buchanan had been informed that Government entirely disapproved of his proceedings in the matter. p. 201 Normanby to Colborne. No. 3. Conveying H.M.'s approval of the gentlemen selected to form Special Council, and of Chief Justice Stuart's having declined a seat in the Council, as mentioned in despatch No. 4 of Jan. 15. p. 203 Normanby to Colborne. No. 4. Requesting, in compliance with address of House of Commons, return of Revenue and Expenditure for each of year 1833-1838 inclusive. (Address of House.) p. 205 Normanby to Colborne. No. 5. Acknowledging despatch No. 12 of Jan. 21, and expressing satisfaction at Judge Rolland having refused a writ of Habeas Corpus to J. G. Barthe accused of treason- : able practices. p. 211 Normanby to Colborne. (Private & Confidential.) Enclosing copy of despatch addressed to Arthur on subject of execution of capital sentences on persons convicted of treason. p. 213 Enclosure:— Normanby to Arthur. (Copy.) "Referring to my public despatch of this date on the subject of the recent executions in Upper Canada, I cannot but express to you in this more private manner the regret with which I regard the great pain and arduous responsibility which you have been and are still called upon to undergo in the Service of the Crown in that Province. I sympathise in the strong feelings of natural repugnance which you entertain and express for the distressing task" which has devolved on you of authorizing the execution of so many capital sentences, and I am persuaded that no one can desire so earnestly as yourself that this irksome necessity may be brought to a speedy & final close. Yet you will readily believe that I and my Colleagues feel a very deep solicitude on the subject. We concur with you in apprehending that exaggerated and unfair representations of what is passing in Upper Canada may involve our National Character in reproaches which, however unfounded and unjust can yet scarcely fail to be seriously prejudicial. So strong is- the prevailing sentiment throughout the Civilized World in favor of a lenient administration of the Criminal Law, and against Capital Executions, that I fear it is vain to hope that justice wdll be done to the motives of those who act in opposition to it, however weighty or conclusive may be the arguments in defence of their conduct. On the other hand the strong pressure upon you of public opinion in the Province, under your Government G. 42 REPORT FOR THE YEAR 1 obviously renders it a duty of the most arduous kind to oppose 1839 yourself to the demand made for examples which it is hoped may prevent the recurrence of the crimes and outrages under which the peaceful and loyal Inhabitants have so severely suffered. I should not feel myself acquitted of my own obligations if I left you to contend unaided and alone against those demands. It is needless or rather it would be injurious to admonish you to limit within the narrowest possible bounds the number of prisoners upon whom the heavier sentences of the Law are to be inflicted. But as soon as in your judgment that limit is reached, it may be convenient and useful to you to be able to announce that you have the authority and instructions of the Ministers of the Crown to arrest all further proceedings of the same kind I have therefore to convey to you my authority for resisting in the name of Her Majesty's Government as well as in your own, every application and advice for the multiplication of Capital Executions from the first moment at which your own judgment may be satisfied that they should cease. I trust indeed that long ere this Despatch reaches you, the melancholy office of acquiescing in the exaction of such penalties will have ended, but as the case may possibly be otherwise I am anxious to take my full share of the responsibility of the utmost degree of forbearance and lenity which you may find it practicable to exercise." p. 215 Normanby to Colborne. (Private.) Stating with reference to Downing st., death of Receiver General Hale reported in despatch No. 1 of Jan. 2, Peb-28- that in view of anticipated changes in governmental arrangements it was considered inadvisable to make permanent appointment at the time. Mr. Jeffrey Hale would act as Receiver General on understanding that arrangement was merely temporary. p. 222 Normanby to Colborne. No. 61 Acknowledging despatches Downing st., Nos. 13, 14,15 of Jan. 22, and stating that Court Martial proceedings Peb-28- had been referred to Advocate General, but approval was given of decision to allow law to take its course in case of five of those individuals, four of whom were implicated in murder of Mr. Walker. p. 225 Normanby to Colborne. No. 7. Acknowledging despatch, Downing st., marked confidential, of Dec. 31, and stating that the unauthenticated Feb-28- copies of three Ordinances passed on Dec. 12 and 21, had been laid before Law Officers, who reported that two were unobjectionable, but the one suspending operation of Habeas Corpus Act was beyond powers of Provincial legislation. Its repeal by Special Council suggested. Fortunately, this Ordinance was not indispensable as objections made by some Canadian Judges to validity of original Ordinance were unfounded. p. 227 Enclosure:— J. Campbell and R. M. Rolfe to Glenelg. Temple, i We have to acknowledge the receipt of Your Lordship's letter Feb-8- of the 4th Instant, transmitting to us the Copy of a Dispatch from Sir J. Colborne, enclosing three ordinances passed by himself and the Special Council of Lower Canada on the 12th and 21st of December last. Your Lordship requests us to report to Your Lordship our opinion whether there is any objection in point of Law to the approval of these ordinances by Her Majesty in Council. 15401-33. 514 1839 PUBLIC ARCHIVES G. 42 We have taken these ordinances with the dispatch of Sir J Colborne into our consideration; and we have now the honor of reporting to Your Lordship that to the two first Ordinances, namely 2 Vict. c. 13, and 2 Vict C. 14, being numbered respectively 45 and 46, we see no objection: But we regret to say that the other Ordinance namely 2 Vict C. 15 (No. 47) appears to us to be altogether beyond the competency of the Canadian Legislature. It purports to enact] and declare that the English Statute 31 Car 2 C: 2, commonly callecl the Habeas Corpus Act, is not, nor ever was, in force in the Province j of Lower Caaada. Now, many of the most important provisions of that Act were undoubtedly introduced into the Province of Quebec by the first Quebec Act 14th Geo 3 C. 83; and at all events it is clearly beyond the power of the Governor and Special Council to put a Legislative construction on the effect of the British Statute. The Governor and Special Council appear to have fallen into the mistake of supposing that the Writ of Habeas Corpus originated in the Act of Charles the Second. Whereas that Statute merely regulated and enforced the right of the subject to the writ to which he was entitled at common law, independently of the Statute. There could have been no objection in point of law to an ordinance declaring the issuing of the writs in the case of Teed to have been illegal, and discharging the parties who had been taken by virtue of the attachments. But the ground for such an enactment ought to have been, not that the Stat: of Charles the Second never formed part of the I Law of the province, but that the rights of the subjects to the writ had been duly suspended by the ordinance recently passed, to which the Judges improperly refused to attend." p. 231 Normanby to Colborne. No. 8. Acknowledging despatch No. 16 of Jan. 22, stating reason for delay in completing report on cases of those in custody on charge of treason, and explaining apparent irregularity of some arrests in District of Montreal; and expressing confidence in discretion and justice of his proceedings. p. 244 Normanby to Colborne. No. 9. Transmitting Order in Council confirming three of Durham's Ordinances Nos. 30, 31, and 32 relating to Civil Expenditure, as well as two others, No. 14 for Incorporating of Bank of Montreal, and No. 30 making provision for survey of Lake St. Peter. (Order in Council not herewith.) p. 247 Normanby to Colborne. Durham's Report, marked I (Circular.) Transmitting appendix to . relating to Lands and Emigration. p. 249 Normanby to Colborne. No. 10. Desiring that thanks be conveyed to Thomas Blackwood of Montreal for letter containing some suggestions on Canadian affairs. p. 250 Normanby to Colborne. No. 11. Requesting, in compliance with address from House of Commons, return of names, fates, etc., of persons imprisoned for treasonable practices since Nov. 1, 1837. (Address enclosed.) p. 251 Normanby to Colborne. No. 12. Acknowledging despatch No. 24 of Jan. 31, and expressing satisfaction with his direction to Executive Council to collect information on certain remedial measures, immediately necessary for welfare of province, and stating that suggestions would receive most attentive consideration. p. 255 G. 42 REPORT FOR THE YEAR 1930 51 Normanby to Colborne. No. 13. Acknowledging despatch of 1839 Jan. 29, and stating that papers enclosed had not affected decision Downing st., respecting claim of Mr. Thomson for salary as clerk of Court 0fMarch15- Escheats between August 1828 and August 1831. (See Glenelg's despatch of Nov. 9, 1838.) P-257 Normanby to Colborne. No. 14. Acknowledging despatch No. 17 Downing st., of Jan. 22, and stating with reference to Ordinance respecting BankMarch16- of British North America that directors had applied for charter, which was subject to discussion as to terms with Treasury and Committee of Privy Council for Trade. Draft charter had been submitted, and directors had petitioned that repeal of Ordinance in question might be suspended until charter should have been completed. This was agreed to, and directions were given to Governor in that sense, p. 260 Normanby to Colborne. Acknowledging despatches Nos. 2, 4 Downing st., to 24 inclusive. p 264 m»"* a>. Normanby to Colborne. No. 16. Observing that steamer Great Downing st., Western had arrived at Bristol bringing very important intelligence M"wh "• from United States up to Feb. 25, but no despatches from Upper or Lower Canada. Despatches Nos. 25 to 29 (inclusive) reached late evemng before. p 265 Normanby to Colborne. No. 15. Transmitting printed copy of Downing st., petition from LaFontaine and Mondelet to House of Commons March22- Explanations of charges invited. (Enclosure.) p. 267 * ft""^7.*?. Çolborne- No- 17- Acknowledging receipt of des- Downing st., P_7T r2'S °* ?eb- 19' and conveyiDg satisfaction with proceedings "***■ of Court Martial. Government specially gratified by opinion that no more executions would be necessary, and that Courts Martial might be dispensed with. Arrangements had been made for conveyance of prisoners sentenced to transportation, from Canada to Australia. Vessel would take both Upper and Lower Canadian convicts. p. 272 Normanby to Colborne. Acknowledging despatches Nos. 25 to Downing st., 36, inclusive, and confidential of Feb. 27. p. 276 April 4- I t^T**11-7 ^ polbprne. No-18. Acknowledging despatch No. 27 Downing st., oi _eb. 5, and stating that a Royal Warrant would issue for Commis- Apri15- sion for trial m Lower Canada of offences committed at sea or within jurisdiction of Admiralty. p 277 ! ^aimanby *° folb.°rne. No. 19. Transmitting with reference Downing st., to Oolbornes confidential despatch of Feb. 25, copy of letter fromApra6- Ireasury conveymg decision as to assistance to be given to Commuted pensioners, and requesting that necessary steps be taken as regards those m Lower Canada. p 279 Enclosures:— . (1) G J. Pennington to Stephen. (Copy.) Setting forth regu-Tra ions t.r> he nhe_riroi-l m +V,« ^;n_m.;u.._: _j> j- _ 1 r , ., . °. n i„+:_ _ Ï ,— B,T , «wjpiicu. v^upy.; oeumg lortù regu-Treasv lations to be observed m the distribution of food and clothing to Gbam mdigent persons of that class. p 281 Mar- '' (2) List of Commuted Pensioners residing in Canada to whom d to grant relief. p 291 Normanby to Colborne. No. 20. Transmitting copy of letter irom ireasury, and directing, in conformity with their request, that certain advances from the Military Chest for secret service, be repaid Irom Provincial revenues. (Six enclosures.) p 397 April 7. PUBLIC ARCHIVES G. 42 1839 Downing St., April 15. Normanby to Colborne. No. 21. Acknowledging despatch marked confidential, and conveying approval of his sending at Sir John Harvey's request, four companies of 11th Regiment to Mada- waska Settlement. P- 318 Normanby to Colborne. No. 22. Stating, with reference to his despatch No. 17 of March 27, that H.M.S. "Buffalo" would take out, some troops for Canada, and, after landing them, would take on board J persons sentenced to transportation to Australia, and would proceed] with them directly to destination. P- 321 Normanby to Colborne. No. 23. Transmitting Order in Council leaving to their operation Ordinances mentioned in Glenelg's despatch No. 34 of Jan. 1, and Normanby's No. 7 of Feb. 28. (Order in Council not herewith.) P- 323 Normanby to Colborne. No. 24. Transmitting copies of two letters from Foreign Office asking for information respecting Maine Boundary. P-324 Enclosures:— (1) J. Backhouse to Stephen. Expressing concurrence in answer of Normanby to Colborne (of April 15). Requesting that Colborne be asked for information as to character of country between River St. John and boundary claimed by Americans westward of St. Francis, that is, tract included between St. Francis and St. John and line claimed by Americans down to point where highlands divide waters of Chaudière from those of Penobscot; also, as to comparative inconvenience of having Americans in possession of country up to boundary claimed by them from head of St. Francis to head of Connecticut, or of having them confined entirely to country south of St. John up to southermost head of that river. It would also be desirable to have information as affecting military defence. p. 327 (2) Backhouse to Stephen. Information desired from Harvey as to whether communication between New Brunswick and Canada would be effectually secured if England and United States were to divide disputed territory between them in equal portions making the St. John the boundary from point where due North Line from the St. Croix intersects St. John up to southernmost or southeasternmost head; also, whether road from New Brunswick to Canada might not be carried along north bank of St. John the whole way; also, what extent of settlement and amount of British population there were anywhere south of the St. John within disputed territory that would be ceded to Maine by proposed division, and through what points he would draw the line south of the St. John according to his scheme of division alluded to in letter to Colborne of Feb. 21. Harvey should be asked to explain meaning of proposal to give Americans free navigation of St. John, and how this would affect New Brunswick timber trade. p. 331 Normanby to Colborne. No. 26. Transmitting letter from Treasury, requesting repayment to Military Chest of amount paid for secret service. (Enclosure.) p. 336 Normanby to Colborne. (Confidential.) Acknowledging despatch No. 39 of March 15, and stating that measure respecting Canada in course of preparation would have effect of repealing restrictions on Special Council as to imposition of taxes and appropriation of Provincial Revenues contained in clauses 3 & 4 of Act 1 Vict, c 9. p. 340 G. 42 REPORT FOR THE YEAR 1 1839 Downing St., April 23. Foreign Office, April 13. Normanby to Colborne. No. 27. Transmitting, in connection with Glenelg's despatch No. 120 of Oct. 21, copy of letter from Foreign Office on subject of outrage committed by an American fishing schooner on British vessel " Sir Archibald Campbell." p. 342 Enclosure:— Backhouse to Stephen. Enclosing with reference to case, Advocate General's report that, should offenders come at any time within British jurisdiction they might be apprehended and dealt with according to law. (Enclosure.) p. 344 Normanby to Colborne. (Circular.) Transmitting appendix C °°^^8St" to Durham's Report, relating to municipal institutions. p. 350 Normanby to Colborne. Acknowledging despatches Nos. 37 to^°™™gSt-' 42 (inclusive), and confidential of March 18. p. 351 pr Normanby to Colborne. No. 28. Transmitting for guidance, Do!™?gSt-' copy of letter from Treasury, relative to annual presents for Indian pr tribes, and pointing out necessity of sending home requisitions in autumn of preceding year. (Enclosure.) p. 352 Normanby to Colborne. No. 29. Stating that petition had been ^°^g a'' received from R. Alexander praying that, in consideration of services pr in militia during recent disturbances, compensation might be granted for losses sustained by destruction of his property by fire, and directing that he be informed, with regret, that, as fire was not attributable to insurrection, claim could not be entertained. p. 361 Normanby to Colborne. No. 25. Transmitting, in connection D("!?^?^St•, with Gosford's despatch of Aug. 26, 1836, and Glenelg's answer of Oct. pr 6 following, letter from Hudson's Bay Company offering to surrender their lease of the King's Posts on condition of being secured in exclusive right of hunting in those districts and of trading with Indians for furs and peltries, and requesting report be obtained from Executive Council on question. p. 367 Enclosure : — Hudson's Bay J. H. Pelly, Governor, to Normanby. Representing that Com- m^'®. pany hold transfer of lease of district known as " King's Posts " ; that district was wilderness inhabited only by Indians, and that only business was fur trade and salmon fisheries on small scale; that lease which was for 21 years would expire in 1842 gave Company exclusive right of trade ; that it was considered in Canada that upper parts of Saguenay River were well adapted for colonization and that timber trade and salmon fisheries might advantageously be thrown open to public; that Company, for public benefit, would surrender lease, but were anxious to retain exclusive right of hunting and of trading in furs and peltries with Indians not only until end of term but for further term of 21 years as the only practicable means of keeping peace in the country; lease was of little benefit to Company, last year's operations being conducted with a loss; their particular object was to maintain in their own territory bordering on that part of Canada, the restriction on use of spirituous liquors and all other beneficial regulations which had improved condition of Indians, and continue like benefits to Indians of King's Posts. p. 370 His Excellency laid before Board foregoing despatch and letter. Council n 07c Chambers, P- 6ii> Quebec. PUBLIC ARCHIVES G. 42 1839 Chamber, Quebec, June 26. Rough draft of Report of Council on application of Hudson's Bay Company. It was noted that Indians of King's Posts numbered about I 400 souls; they had been accustomed to protection and fostering care of successive lessees of the Posts; were generally of mild and tractable I disposition, and for most part had embraced Christianity; lessees supplied means of annual visit of missionary of Roman Catholic faith to the different posts, where small churches were erected, mainly by late order of Jesuits; they had no agricultural habits, nor were likely for that generation to forsake old habits, sojourning alternately in forest and on coast of St. Lawrence, where during winter they pursue the seal, living on the oil. They were not included in Schedule annexed to Report of Council on Indian Affairs dated June 13, 1837, nor did they ever receive assistance in presents or outfits from Government. Under these circumstances and before throwing country open to settlement some arrangement should be made for care of Indians, and proposition of Company seemed to offer most convenient and least expensive mode of protection and employment. It was recommended that new lease be granted to Company for 21 years to be limited to exclusive right of hunting and trading with Indians, including seal fishery, at reduced annual rent of not less than £800. There was no necessity for cancelling conditions of present lease further than stipulating in new lease a right of entry and occupation by Crown for purpose of settlement at any time before Oct. 1, 1842, when existing lease terminated. p. 377 Normanlby to Colborne. (Confidential.) Transmitting copy of letter from Foreign Office enclosing letter with flying seal addressed to L. H. Putnam, and requesting that letter should be delivered to him. Government would also desire any authentic information to be procured regarding Putnam. (Four enclosures.) p. 381 Normanby to Colborne. No. 30. Transmitting, in connection with Glenelg's despatch No. 50 of Feb. 3, and Normanby's of Feb. 28, reports from Judge Advocate and Crown Officers to effect that proceedings of Courts Martial were in conformity with general practice, and that the Courts were legally constituted, and that objections raised by counsel for prisoners were properly over-ruled. (Three enclosures.) p. 394 Normanby to Colborne. (Circular.) Transmitting, in connection with circular of Oct. 24, communications from Treasury, stating that arrangements had been made for establishing steam communication between Great Britain and British North America; also, extract from report of Stayner, Deputy Postmaster General as to best route between Quebec and Halifax. Report desired from Governor as to route most desirable not only with reference to rapidity, but with reference to security as against United States. (Three enclosures.) p. 406 Normanby to Colborne. No. 31. Transmitting, in connection with Durham's report No. 93 of Oct. 20, and Glenelgfs reples of Nov. 30 and Jan. 11, a number of papers bearing on the charges brought against emigration offers for remissness in execution of Passengers Act. (25 enclosures.) * p. 424 Normanby to Colborne. No. 32. Acknowledging despatch No. 50 of April 2, and expressing satisfaction that arrangements made with State of Maine permitted the return to Quebec of troops sent to Madawaska Settlement. Regret at continuance of disorders on Missisquoi frontier. p. 555 G. 42 REPORT FOR THE YEAR 1980 51S Normanby to Colbome. No. 33. Acknowledging despatch No. 1839 58 of April 16, and conveying congratulations from Queen on com- ^°w^lg st-' plimentary address to him from Legislature of Upper Canada. p. 558 Normanby to Colborne. No. 34. Transmitting, in connection Downing st., with despatch No. 22, letter from Admiralty stating that HM.S.May17- | Buffalo " would not be ready for sea before first week in June. (Enclosure.) p. 560 Normanby to Colborne. Acknowledging despatches Nos. 43 to Downing st., 62 inclusive, and unnumbered of April 4. p. 562 May 17, Normanby to Colborne. No. 35. Acknowledging despatch No. wow^lne st" 37 of March 13, and enclosing letters from Foreign Office agreeing ay that the arrest at Montreal of the Russian Consul at Boston was unavoidable. (Two enclosures.) p. 563 Normanby to Colborne. No. 36. Transmitting for attention ^\fe st" letter enquiring as to fate of young man named Preece sent out by ay Children's Friend Society. (Enclosure.) p. 574 Normanby to Colborne. No. 37. Acknowledging despatch No. Downing st., 51 of April 8, and expressing regret at death of Chief Justice O'Sul- May2°- livan; also, concurring in postponement of new appointment in view of reorganization of judicature. p. 578 Normanby to Colborne. (Circular.) Transmitting copies of Downing st., two Treasury Minutes giving grounds for decisions on claims by May2S- owners of three American vessels for services of certain slaves which had been brought to the Bahamas and Bermuda and were seized by British officers. (Two enclosures.) p. 580 Normamby to Colborne. No. 38. Stating that H.M.S. "Buffalo" Downing st., would sail forthwith. p. 594 May ^ Normanby to Colborne. No. 39. Transmitting, with reference Downing st., to his despatch No. 18 of April 5, a commission for trial at Quebec June L of offences committed at sea or within jurisdiction of Admiralty. p. 596 Normanby to Colborne. No. 40. Acknowledging despatch No. Downing st., 38 of March 14, and enclosing Royal warrants for appointment ofJune ' Messrs. Pothier, McGill, de Rocheblave and Moffat to Executive Council. Fees and stamp duties were £31-19 for each. p. 597 Normanby to Colborne. No. 41. Transmitting letter from Downing st., Treasury, pointing out an inaccuracy in repaying Military Chest. une " (Enclosure.) p. 599 Normamby to Colborne. No. 42. Acknowledging despatch No. Downing st., 47 of March 28, and expressing regret, after review of case, that une " decision already communicated respecting application of Mr. Justice Kerr could not be reversed. p. 604 Normanby to Colborne. No. 14. (Copy.) Stating that, on Downing st., receipt of despatch No. 43 of March 20, he felt obliged to suspend June u" proceedings regarding charter of McGill College, until objections urged against it by Royal Institution of Quebec were heard. Letter to Mr. Gillespie, agent for McGill College and his reply were enclosed. (Enclosures not herewith.) p. 608 520 1839 PUBLIC ARCHIVES G. 42 Normanby to Colborne. (Confidential.) " As I am aware of your anxiety to be informed of the measures contemplated by Her Majesty's Government for the Settlement of the Affairs of Canada, I avail myself of the opportunity afforded by the departure of the " Liverpool " Steam Vessel, to communicate with you on the subject. It had been the intention of Her Majesty's Government to introduce into Parliament the Bill, of which I enclose you a Copy, and which, if agreed to, would have reunited the Provinces of Upper and Lower Canada, and would have made effectual provision for their future Government. Late events, however, and especially the recent proceedings in the Legislature of Upper Canada, of which intelligence was received on the 3rd Instant, have induced Her Majesty's Ministers so far to modify this Bill, as to defer for the present those provisions which relate to the reunion of the Provinces and their future Government. Accordingly, the Bill will be divided into two parts; the first extending the Authority of the Special Council of Lower Canada, and prolonging its existence to the year 1842; the second providing for the future reunion of the Canadian Provinces on the principles of a free and Representative Government. The first Bill only will be immediately pressed on the attention of Parliament, and will I trust, meet with their concurrence. The Second will be brought in, but will not be proceeded with during the present Session, nor until the Legislative Council and Assembly of Upper Canada, and the Special Council of Lower Canada shall have had an opportunity of communicating to Her Majesty's Government their views respecting it. I shall take an early opportunity of communicating with you further on this subject, and of apprizing you of the proceedings in the Imperial Parliament. My present communication is necessarily restricted to a mere indication of the intentions of Her Majesty's Government, but I could not let this opportunity pass without apprizing you of them." p. 610 Normanby to Colborne. No. 45. Stating that Admiralty had received letter from Captain Sandom with communication addressed by latter to Colborne, relative to best mode of securing cooperation between Naval and Military forces in Canada, and expressing confidence that measures on line indicated had been adopted. p. 615 Normanby to Colborne. No. 46. Stating, with reference to Colborne's despatches No. 33 of Feb. 25, and No. 54 of April 13, that Treasury would release Colonel Gore and Major Hall from responsibility for sums advanced to them from Military Chest. p. 617 Normanby to Colborne. No. 47. Acknowledging despatch No. 67 of May 6, and expressing satisfaction with manner in which Governor, and Civil and Military officers had been vindicated against charges made by LaFontaine and Mondelet. p. 619 Normanby to Colborne. No. 48. Transmitting copy of letter from War Office, making certain enquiries respecting Captain Thomas Colman, who had been appointed a stipendiary magistrate. (Enclosure.) p. 621 G. 42 REPORT FOR THE YEAR 1 Acting G. Master to Colborne. Transmitting Royal warrant 1839 nominating Major General Sir James Macdonell to be a Knight Kensington Commander of the Bath, and requesting that he be invested with **neu. insignia of Order by Colborne. (Enclosure.) p. 624 Normanby to Colborne. No. 49. Transmitting letter from Downing st., Treasury, respecting despatch of Arthur regarding expenses incurredJune26- for accommodation of state prisoners in Upper Canada. They decided that charges for maintenance or safe custody of state prisoners in provinces should be borne by Provincial Government, but those incurred for barrack accommodation for military engaged in protection of frontiers or in suppression of insurrectionary movements should be paid from Military Chest. (Enclosure.) p. 627 Normanby to Colborne. No. 50. Transmitting letter from Downing st., General Post Office with enclosure from Stayner, Deputy PostmasterJune 27- General, relative to illicit conveyance of letters by steam boats in Canada, and requesting that measures be taken to put a stop to this illegal practice. (Three enclosures.) p. 633 Normanby to Colbome. No. 51. Acknowledging despatch No. Downing st., 78 of June 3, and stating that there were no funds from which July 1 assistance could be given for building of St. Patrick's Church, Quebec, but that if a sum should be granted by Provincial Ordinance, H.M. would give it favorable consideration. p. 650 Normanby to Colborne. (Circular.) Transmitting, for attention, Downing st., address of House of Commons, calling for returns showing Revenue,My | Expenditure, Sales of Land etc in North American, and Australian Colonies,-from 1824 to 1837. (Enclosure.) p.653 Normanby to Colborne. No. 52. Acknowledging despatches Downing st., No. 55 and No. 60 of April 13 and 17, and stating that Ordinances en- July2- closed are under consideration. The delay in communicating decisions on them would be the less inconvenient as all would go into immediate operation. Comment on Ordinance relating to Seigniory of Montreal was postponed until report of Law Officers had been received. If proposed amendments to 1 Vict. c. 9 were enacted, Special Council could deal with subject. p. 658 Normanby to Colborne. No. 53. Acknowledging despatch No. Downing st., 84 of June 8, and stating that nomination of Geo. H. Ryland asJuly3' Clerk of Executive Council had not been received, but if Colborne considered appointment should be confirmed, it would be done, but Ryland should understand that if union of provinces should deprive him of office, he would have no claim for retiring allowance on account of this appointment. p. 662 Normanby to Colborne. No. 54. Acknowledging despatch of Downing st., June 3, and stating that question of constructing a lock at St. Anne's My 4- Rapids on Ottawa River had engaged attention of Treasury, which decided that lock should not be constructed at public expense. Should, however, proposed amendment of 1 Vict. c. 9 be carried through, there would be no objection to Special Council making grant for purpose. (Enclosure.) p. 665 Normanby to Colborne. (Circular.) Respecting appointments Downing st., to Custom's service in Colonies. p. 670 My 4- PUBLIC ARCHIVES G. 42 1839 Downing St., July 5. Normanby to Colborne. Acknowledging despatches No. 63 to No. 86, inclusive, and unumbered despatches of March 1, April 1, and May 15. p. 673 Normanby to Colborne. No. 55. Transmitting, in connection with confidential despatch of June 12, two bills introduced into Parliament relating to Canada. The bill to amend 1 Vict. c. 9 was read the night before the second time. Bill for union of provinces,, although introduced, would not be pressed that session. In meantime views of people concerned would be ascertained. (Union Bill not herewith). p. 674 Enclosure:— Anno Secundo & Tertio VICTORIAE REGINAE and no Busi- An Act to amend an Act of the last Session of Parliament for making temporary Provision for the Government of Lower Canada. (17th August 1839.) WHEREAS an Act was passed in the Thirty-first Year of the Reign of His Majesty King George the Third, intituled An Act to repeal certain Parts of an Act passed in the Fourteenth Year of His Majesty's Reign, intituled "An Act for making more effectual Provision for the Government of the Province of Quebec in North America," and to make further Provision for the Government of the said Province, whereby, among other things, it was enacted, that there should be within each of the Provinces of Upper Canada and Lower Canada respectively a Legislative Council and an Assembly, to be constituted in manner therein described, and with such Powers and Authorities as therein mentioned: And whereas an Act was passed in the last Session of Parliament, intituled An Act to make temporary Provision for the Government of Lower Canada, whereby it was enacted, that from the Proclamation of the Act until the First Day of November One thousand eight hundred and forty so much of the said Act of the Thirty-first Year of the Reign of His Majesty King George the Third, and of any other Act or Acts of Parliament, as provides for the Constitution or calling of a Legislative Council or Assembly for the Province of Lower Canada, or confers any Powers or Functions upon them or either of them, should cease; and by the said Act now in recital Provision is made in the meantime for the Appointment by Her Majesty of a Special Council for the Affairs of Lower Canada, and for the making of Laws or Ordinances for the Government of the said Province by the Governor thereof, with the Advice and Consent of the Majority of the Councillors present at any Meeting of the Council: And whereas it is expedient that some of the Provisions contained in the said lastly-recited Act should be altered: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Number of Councillors forming the Special Council in manner provided by the said Act passed in the G. 42 REPORT FOR THE YEAR 1980 £ last Session of Parliament shall not be less than Twenty, and that no 1839 ■Business shall be transacted at any Meeting of the said Special Council at which there are not present at least Eleven Councillors. II. And be it enacted, That from and immediately after the Repeal of passing of this Act so much of the said recited Act passed in the lastf?y*j?n°f — ~- _ ._.„__ _j „. 9. prevent- the Governor of the said Province of Lower Canada, with such Advice mg*he and Consent as therein mentioned, shall continue in force beyond then^n™nt_iPT; First Day of November One thousand eight hundred and forty-two, but _u per- unless continued by competent Authority, shall be and the same is^^*;^ hereby repealed: Provided always, that every Law or Ordinance Thirty DayT which by the Terms and Provisions thereof shall be made to continue ^eforepar- in force after the said First Day of November One thousand eight vS_toPre" hundred and forty-two shall be laid before both Houses of Parliament being con- within Thirty Days after a Copy thereof shall be received by One offirmed- Her Majesty's Principal Secretaries of State, under the Provisions of the said Act of the last Session of Parliament, if Parliament shall be then sitting, or otherwise within Thirty Days after the then next Meeting of Parliament; and no such Law or Ordinance shall be confirmed or declared to be left to its Operation by Her Majesty until such Law or Ordinance shall first have been laid for Thirty Days before both Houses of Parliament, or in case either House of Parliament shall, within the said Thirty Days, address Her Majesty to disallow any such Law or Ordinance. III. And be it enacted, That from and immediately after the Repeal of the passing of this Act so much of the said recited Act passed in the lastf&2 y^.! Session of Parliament as provides that it shall not be lawful, by any ». prohibiting such Law or Ordinance as therein mentioned, to impose any Tax,J*new'-tato Duty, Rate, or Impost, save only in so far as any Tax, Duty, Rate, be levied e_- or Impost which at the passing of that Act was payable within the^^^nd said Province of Lower Canada might be continued, shall be and the objects 0/° same is hereby repealed: Provided always, that it shall not be lawfulg*^^. for the said Governor, with such Advice and Consent as aforesaid, and s-S to make any Law or Ordinance imposing or authorizing the Imposition j^^68^*0 of any new Tax, Duty, Rate, or Impost, except for carrying into pnated by effect local Improvements within the said Province of Lower Canada,Govermnent- . or any District or other Local Division thereof, or for the Establishment or Maintenance of Police, or other Objects of Municipal Government, within any City or Town or District or other local Division of the said Province: Provided also, that in every Law or Ordinance imposing or authorizing the Imposition of any such new Tax, Duty, Rate, or Impost, Provision shall be made for the levying, Receipt, and Appropriation thereof by such Person or Persons as shall be thereby appointed or designated for that Purpose, but that no such new Tax, Rate, Duty, or Impost shall be levied by or made payable to the Receiver General or any other public Officer employed in the Receipt of Her Majesty's ordinary Revenue in the said Province; nor shall any such Law or Ordinance as aforesaid provide for the Appropriation of any such new Tax, Duty, Rate, or Impost by the said Governor, either with or without the Advice of the Executive Council of the said Province, or by the Commissioners of Her Majesty's Treasury, or by any other Officer of the Crown employed in the Receipt of Her Majesty's ordinary Revenue. PUBLIC ARCHIVES G. 42 1839 Repeal of tb 1 & 2 Vict. biting the Alteration be made effecting the Temporal or Spiritual be published in Gazette be- IV. And be it enacted, That from and after the passing of this Act so much of the said recited Act passed in the last Session of Parliament as provides that it shall not be lawful for any such Law or Ordinance as therein mentioned to repeal, suspend, or alter any Provision of any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom, or of any Act of the Legislature of Lower Canada, as then constituted, repealing or altering any such Act of Parliament, shall be and the same is hereby repealed: Provided always, that it shall not be lawful for the said Governor, with such Advice and Consent as aforesaid, to make any Law or Ordinance altering or affecting the Temporal or Spiritual Rights of the Clergy of the United Church of England and Ireland, or of the Ministers of any other Religious Communion, or altering or affecting the Tenure of Land within the said Province of Lower Canada, or any Part thereof, save so far as the Tenure of Land may be altered or affected by any Law or Ordinance which may be made by the said Governor, with such Advice and Consent as aforesaid, to provide for the Extinction of any Seigniorial Rights and Dues now vested in or claimed by the Ecclesiastics of the Seminary of Saint Sulpice of Montreal within the said Province, or to provide for the Extinction of any Seignorial Rights and Dues vested in or claimed by any other Person or Persons, or Body or Bodies Corporate or Politic, within the Island of Montreal, or the Island called He Jesus, within the said Province. V. And be it enacted, That every Law or Ordinance to be made by the said Governor, with such Advice and Consent as aforesaid, shall, before the passing or Enactment thereof, be published at length in the public Gazette of the said Province of Lower Canada. VI. And be it enacted, That for the Purposes of this Act the Person authorized to execute the Commission of Governor of the Province of Lower Canada shall be taken to be the Governor thereof. VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament. London: Printed by George E. Eyre and Andrew Spottiswoode, Printers to the Queen's most Excellent Majesty. 1839. p. 678 Normanby to Colborne. No. 56. Requesting that regret be expressed to Mr. Tracy Thomas for inability to comply with solicitation that position be found for his son in Commissariat Department. p. 682 Normanby to Colborne. (Separate.) Transmitting letter from Foreign Office stating that Colonel Mudge and Mr. Featherstonhaugh had been appointed to examine and survey Disputed Territory with view to settlement of Boundary question, and requesting that they may have every assistance. (Enclosure.) p. 684 Normandy to Colborne. No. 57. Stating with reference to Col- borne's despatches of Dec 14 (confidential) and of Dec. 31, No. 18, reporting the suspension of Judges Panet, Bedard and Valliere de St. Real, that, while Governor's action was at time approved, it was necessary to deal with question of their removal altogether from Bench. This would be impossible since the utmost to be imputed to them was an error in law, for which there was some plausible authority. G. 42 REPORT FOR THE YEAR 1980 Bedard, who was in England during whole period of suspension, was 1839 returning to Canada, and it was decided to regard his absence from Bench as absence on leave. His salary of £450 was paid, and Treasury should be reimbursed from Provincial funds. p. 690 Normanby to Colborne. No. 59. Acknowledging despatch No. 83 Downing st., of June 6, and stating that Admiralty did not consider that Mrs. JuIy 18- Rolette had claim to pension on account of late husband's services in Provincial Navv. p. 698 Normanby to Colborne. No. 60. Stating that proceedings of Downing st., Courts Martial reported in despatch No. 29 of Feb. 19, were referred July21- to Law Officers of-Crown who reported their opinion that Courts were competent and proceedings regular and that objections on behalf of prisoners were properly overruled. p. 700 Normanby to Colborne. No. 61. Acknowledging despatch No. Downing st., 88 of July 1, and approving of appointment of Messrs Mondelet,Ju,y 28- Cochran and Duval to be Assistant Judges for District of Three Rivers during suspension of Bedard, Panet and Vallière de St. Real. p. 702 Normanby to Colborne. No. 62. Transmitting for attention Downing st., address of House of Lords for certain Returns of Revenue and Ex-My29- penditure of Lower Canada. (Enclosure.) p. 704 Normanby to Colborne. No. 63. Transmitting copy of despatch Downing st., to Arthur explaining grounds for advising H.M. to grant pardon to JuIyS0- individuals sentenced to transportation under Provincial Act 1 Vict. c. 10. p. 711 Enclosure:— Normanby to Arthur. No. 84. Downing st., "With reference to my despatch of 17th May last, No. 47, I have the honor to transmit herewith for your information the Copy 13g6 of a letter from the Under Secretary of State for the Home Depart- 13th July, ment announcing that after considering the cases of the Canadian Prisoners enumerated in that Letter, Lord John Russell had felt bound to recommend to Her Majesty to grant them a pardon, on their entering into their own recognizance not to return to Canada, nor to appear within 50 miles of the Canadian Frontier.—I proceed to explain the grounds on which this decision has been adopted.— Shortly after their arrival in England these prisoners presented in Home to the Crown petitions of which Copies are enclosed, impugning the justice of their sentences, and praying that they might not be carried into effect—So long as the legality of their detention in custody was in question before the legal tribunals, Her Majesty's Government felt bound to decline any interference in the matter; but that question having been decided it became necessary to enquire into the allegations of the Petitioners, and to determine both whether it was just to carry their sentences into execution, and whether this could be done consistently with law.— Respecting the guilt of the prisoners there was no room for doubt; nor if their claim to mercy had depended on an estimate of the demerit or the danger of their conduct would there have been any room for hesitation. I have not found in the case of any one of these men any fact which could be urged either to contradict the charges against them, or materially to extenuate their guilt.— 981-May 23rd & Mr. Parker's 9 833. 24th Decr/38. PUBLIC ARCHIVES G. 42 But their claim to a remission of their sentences is chiefly founded on the terms of Sir F Head's Proclamation of the 7th of December 1837, on which they now insist as an amnesty for their Offences. In two of these cases it would I think be scarcely possible to make any satisfactory answer to this demand. In the other cases it appears to Her Majesty's Government to possess very considerable though inferior force. But it has not been necessary to decide this question for a difficulty of another kind has presented itself, to which after the most mature enquiry and reflection we have found it inevitable to yield. The decisions of the Courts of Queen's Bench and Exchequer ascertained that the Prisoners were held in lawful custody in this Kingdom. But those Courts did not determine either of the two ulterior questions; namely, whether their compulsory removal from this Kingdom, or their compulsory detention as Convicts in Van Diemen's Land would be lawful. The Judges studiously declined the expression of any opinion on either of those points of law because they had not then actually arisen, and they strictly confined their Judgment to the precise and single question in controversy before them. It was however inferred by those who attended the discussions and heard the judgments, that the Judges entertained a very grave doubt whether the Government could lawfully proceed further against the Prisoners unless they could bring them to trial in this Country for their Treasons. Under these circumstances I consulted the Attorney and Solicitor General on the question, whether if the prisoners should be sent to Van Diemen's Land they could be lawfully held in custody there as Convicts or Prisoners of the Crown. The Law Officers reported that they could not be so detained or dealt with in that Colony unless either an Act of Parliament or a Colonial Ordinance were made to justify that course of proceeding. Here then arose a conclusive and insuperable difficulty. Her Majesty's Government could not propose such an Enactment either to the Imperial or to the Local Legislature with any prospect of success. Amongst other objections to such Law it was not the least weighty that the Government are not in possession of the evidence by which the Offences of the Prisoners or of any of them are established. We have indeed their petitions for pardon in which their guilt is acknowledged in general terms, but under the peculiar circumstances of the case it was impossible that such an acknowledgement could be admitted as a sufficient basis for legislation against them; We have also the Reports of the Commissioners by whom the cases were investigated, but on what proofs the Commissioners proceeded it is not in our power to explain. An Act of Parliament or an Ordinance of a nature so totally new and unprecedented could scarcely have been obtained even on the most complete evidence of the facts. In the absence of such evidence it was manifestly unattainable. To have sent the Prisoners to Van Diemen's Land on the mere chance that a Law might be passed there for their detention was a proceeding which it would have been impossible to hazard or to justify. It thus became necessary either to bring these men to trial in this Country for High Treason or to discharge them from further imprisonment. A Trial I need hardly say must have resulted (jn their acquittal, because we have no producible witnesses of their guilt, and because after all that had occurred such a prosecution would have G. 42 REPORT FOR THE YEAR 1980 been justly regarded with the utmost disfavor by the Court and Jury. 1839 The result is that they have been released on the conditions mentioned in the letter from the Home Office. Her Majesty's Government have used every exertion in their power to avoid a result which they lament, as it may prove embarrassing to Your Administration, and perhaps to the tranquillity of Upper Canada, I trust however that when the real State of the case is known in the Province, any excitement which may have been raised by this decision will subside, and that it will be in your power to disabuse the public mind of the opinion that Her Majesty's Government regard with indifference or are disposed to treat with a misplaced lenity, such Crimes as those of which the Prisoners in question are self convicted." p. 713 Normanby to Colborne. No. 64. Acknowledging despatch No. Downing st., 64 of May 3, and transmitting letter from Treasury stating they July23- required further information to decide on claim of Miss Sophia Holland to compensation for loss of certain land granted to her grandfather, but subsequently resumed by Government and at the time forming part of garden of Chateau of St. Louis. (Enclosure.) p. 726 G. 43. (1839) Normanby to Colborne. No. 65. Acknowledging despatch No. 1839 89 of July 2, and stating that reasons given by Mr. Sewell for delay Downing st., in taking up an order for 2,000 acres of land made in his favor inAug12- 1829 are so inadequate that, under ordinary circumstances, his application would be refused. But, in view of his long services, he should be given opportunity to make further explanation, and if found satisfactory by-Governor and Council, instructions were given not to make grant of 2,000 acres, but to allow remission of purchase money equal to price of 2,000 acres of average land at time of order. p. 1 Normanby to Colborne. No. 68. Transmitting letter from Downing st., Agent General for Emigration containing observations on Mr.Auk- «• Buchanan's Annual Report for 1838, enclosed with despatch; and directing attention to remarks on Emigrant Tax. (Enclosure.) p. 4 Normanby to Colborne. No. 66. Enclosing for attention letter Downing st., from Jane Bryan, enquiring after her daughter married to man named Aug-18- Dickson and supposed to be living in Montreal. (Enclosure.) p. 21 Normanby to Colborne. No. 67. Notifying appointment of Downing st., Right Honourable Charles Poulett Thomson as Governor of UpperAug-81- and Lower Canada, Nova Scotia, New Brunswick, and Prince Edward Island, and Captain General and Governor in Chief of British North America. He would probably leave England in second week in September. p. 26 Normanby to Colborne. No. 69. Stating with reference to Downing st., Governor's despatches Nos. 67 and 75 of May 6 and 20, that repre-Aus-31- sentations had been made that M. Viger and others in custody were being treated with unnecessary severity, and subjected to unusual and unnecessary restraint. While indisposed to credit these representations, Colonial Secretary desired report on subject. p. 30 15401—34 528 . PUBLIC ARCHIVES G. 43 1839 Lord J. Russell to Thomson. (Circular.) Announcing his Downing st., appointment to the charge of Colonial Department. p. 35 Downing st., Russell to Colborne. Stating that Admiralty were providing a sept.s. passage home for him in H.M.'s ship "Pique" which would take out his successor in Government. p. 36 Downing st., Russell to Thomson. (Circular.) Instruction that issues from sept. 5. Military Chest as for Secret Service should be designated for "Special Service". P- 39 Downing st., Russell to Thomson. No. 1. Sept*7' S The Queen having been pleased to confide to you the Govern ment of the British Provinces in North America, I now transmit to you the various Commissions under the Great Seal, which authorize you to assume and execute that Office. The intimate knowledge, which, as one of Her Majesty's Confidential Advisers you have acquired of the progress of Canadian Affairs during the last few years, and of the views of Her Majesty's Government on that subject, relieves me from the necessity of entering on various explanations, which it would otherwise have been my duty to afford you. But it is fit that I should on the present occasion record for your guidance the intentions of the Ministers of the Crown on the principal topics of Canadian Policy on which you will be called, as the Governor of those Provinces, to co-operate with them. The Bill introduced into the House of Commons during the present Session of Parliament, embodied, as you are aware, the results of deliberate reflection on the various suggestions contained in the Reports of the Earl of Durham. The hope of passing that measure into a Law before the Parliamentary recess, was defeated by various ' circumstances which occurred, and especially by the intelligence, which, in the commencement of the month of June, reached us from the Lieutenant Governor of Upper Canada of the state of Public opinion in that Colony, as expressed by the resolutions of the Council & Assembly. We have never concealed from ourselves that the success of any plan for the settlement of Canadian Affairs must depend on the concurrence & support of the Provinces themselves. To learn their deliberate wishes, and to obtain their co-operation by frank and unreserved personal intercourse will, therefore, be the first & most important of the duties which you will be called upon to perform. In our anxiety thus to consult, and, as far as may be possible, to defer to public opinion in the Canadas on the subject of Constitutional changes, Her Majesty's Government must be understood as entertaining a very strong conviction in favor of the Policy of the measure which they have proposed for the adoption of Parliament. Attaching minor importance to the subordinate details of that Bill, we have found no sufficient reason for distrusting the principles on which it proceeds. These are, a Legislative Union of the two Provinces—a just regard to the claims of either Province in adjusting the terms of that Union—the maintenance of the three Estates of the Provincial Legislature—the settlement of a permanent Civil List for securing the independence of the Judges, and to the Executive Government that freedom of Action which is necessary for the public good—and the establishment of a system of Local Government by Representative Bodies, freely elected in the various Cities & Rural Districts. From any of these-principles Her Majesty's Government would be most reluctant to recede. After a full investigation of every other plan \. G. 43 REPORT FOR THE YEAR 1930 - which has been suggested they have not been able to discover in any 1839 3bo_ this the reasonable hope of a satisfactory settlement. It will, therefore, be your first duty to endeavour to obtain for that measure such an assent in its general principles, and such a correction of its details, as may render it acceptacle to the Provinces, and productive of permanent advantage. There are various modes by which this object may be accomplished—, and in giving an outline of them, Her Majesty has commanded me to express to you Her reliance upon your judgment, to be formed upon the spot, as to the employment of such as may be most conducive to the contentment & advantage of Her Canadian Subjects. 1. You may appoint, by authority of the Executive, a certain number of persons of weight and experience, selected from each Province, to frame Articles of Union, to be afterwards proposed to the Legislature of Upper Canada. 2. You may assemble the Legislature of Upper Canada, and propose to them the appointment of a certain number of Commissioners, to confer with others named by the Special Council of Lower Canada. 3. If you find that your overtures to the Assembly of Upper Canada are not met in a fair Conciliatory, and reasonable spirit, you may proceed to dissolve the present Assembly, and appeal to the sense of the Inhabitants of the Province. But in the late unsettled state of the Province, in the presence of repressed disaffection, with the necessity of a second dissolution before the Assembly of the United Province can meet,—this step must not be resorted to without the gravest deliberation. In whatever method you may proceed, Her Majesty's Government will expect to receive from you, founded on competent authority, such a plan of representation, with a division into Cities & Districts, as may enable them to lay the scheme before Parliament with confidence in the data on which it has been formed, and in the justice of the general arrangement. I will not now argue on a further supposition, vizt., that from difficulty of detail, or mutual disinclination, the plan of Union may be found altogether impracticable. Should you find, after all your efforts, that such is the result, you will lose no time in communicating to me, for Her Majesty's information, the grounds of your opinion, and the nature of any alternative which may seem to you more conducive to the general good. But above all things, it is important to avoid unnecessary delay. The discussion which has already been protracted at the expence of so much evil, and still greater hazard to the interests of the Canadian Provinces, and of this Kingdom, cannot be too speedily brought to a close. Her Majesty's Government will therefore anxiously await the result of your enquiries, as to the state of public opinion in the Canadas respecting the proposed Union, and the terms on which in your opinion it should be effected. I earnestly trust that it may be received in this Country by a period sufficiently early to enable us to communicate it to Parliament at the commencement, or soon after the commencement, of the Session of 1840, and then to proceed at once with such measures as may be required to meet the exigencies of the case. The intelligence which has reached me from Upper Canada makes it probable that you may be called upon for some explanation of the views of the Minister of the Crown on a question respecting which the Bill to which I have referred is necessarily silent. I allude to the 16401-34. PUBLIC ARCHIVES C. 43 nature & extent of the control which the popular Branch of the United Legislature will be admitted to exercise over the conduct of the Executive Government, and the continuance in the public Service of its principal officers. But it is evidently impossible to reduce into the form of a positive enactment, a constitutional principle of this nature. The importance of maintaining the utmost possible harmony between the policy of the Legislature and of the Executive Government admits of no question and it will of course be your anxious endeavour to call to your Counsels and to employ in the Public Service those persons who by their position & character have obtained the general confidence & esteem of the inhabitants of the Province. The Military Defence of the Canadas is another subject of common interest to both Provinces, on which it is necessary that you should be apprised of the views of Her Majestys Government. In the correspondence between Lord Glenelg & Sir John Colborne, & especially in the Dispatches of the latter you will find a full discussion of the plans which have been devised for that purpose. Amongst them is a scheme for extended Fortifications to be erected and maintained at an expence which it is not evident will be compensated by any equivalent advantage. For the present, at least, notwithstanding the deference so justly due to the opinions of that distinguished officer, the Ministers of the Crown cannot recommend the adoption of this scheme. On the other hand the plan suggested from this Country and sanctioned by Sir John Colborne of creating Military Settlements on the Frontier on the principle of Veteran Battalions appears to the Ministers of the Crown as at once the most effective & the most economical plan of defence which could be pursued. Measures will be taken, with the least possible delay, for carrying it into effect; and in the mean time you will discourage and prevent as far as may be compatible with the public safety either the augmentation, or the continuance on foot of the Volunteers, or the Sedentary Corps which were, embodied during the last Winter as a reinforcement to the regular Army. On all subjects of this nature however you will consult Sir Richard Jackson, whose judgment and Military knowledge will be of the greatest service to you. The only topic which it remains to notice as affecting the two Canadian Provinces alike, is that of raising an Emigration Fund from the proceeds of the Sales of the Crown Lands. Unfortunately, the very elaborate Report communicated to me by Lord Durham on this subject, serves but to confirm, and to place in a still clearer light, the difficulties by which, as we were previously aware, the promotion of this most important object is obstructed. Such is the extent of Land alienated, and so inconsiderable the proportion which still remains vested in the Crown that the hope of rendering any effectual aid to emigration by the Sale of such Lands, cannot at present be reasonably entertained. The necessary preliminary to the introduction of any such System, would be the resumption of the large tracts of land held by Grantees in a barren and unprofitable State. This could be effected only by the imposition of a Tax on uncleared Land, and by Enactments for the collection of that Tax, to ensure the due execution of the Law. In the Lower Province there exists, at the present time, no authority by which such a Tax could be imposed. In the Upper Province it is hardly to be expected that in the present state of affairs, the difficulties which encompass the subject will be effectually overcome. Amongst the benefits to be anticipated from the Union of the G. 43 REPORT FOR THE YEAR 1930 I Provinces it is not the least important that the United Legislature 1839 would be able to act upon subjects of this nature with a great comparative freedom from the undue bias of local interests, and with a large view to the permanent improvement of the Provinces. Such being the principal subjects of common interest to the two Provinces to which your attention will be immediately called, I have next to notice those which will relate exclusively to the Province of Upper Canada. The Act which has been passed in the last Session of Parliament in amendment of the Act of the 1st Year of Her Majesty's Reign, providing for the temporary administration of the Government of Lower Canada, will relieve you and the Special Council from any of the impediments by which your immediate Predecessor has been encountered in the attempt to promote the internal interests of the Province. Sir John Colborne's Dispatches and especially that of the 15th of March 1939 have pointed out very clearly many objects of great public utility which he was unable to advance in consequence of the restrictions under which the Legislative powers confided to him and to the Special Council were exercised. To these your attention will of course be given. Much as the suspension of Constitutional Government in Lower Canada is to be regretted, it will not be without a very considerable compensation, if, during the interval, arrangements should be maturely & wisely made for securing to the People at large the benefit of those Social Institutions from which in former times the thoughts of the Local Legislature were diverted by the controversies which then agitated the Provincial Society. The Establishment of Municipal Institutions for the management of all local affairs, will be among the most important of the subjects to which your attention will be called. On this subject I would refer you to the Report of the Earl of Durham and the Appendix marked C, by which it is accompanied. Although the Commissioners whom His Lordship appointed to investigate the question were unable from the shortness of the time to submit to him any conclusive recommendations respecting it, the information which they collected will prove of much advantage to you. On the importance of such institutions I need not enlarge; your acquaintance with the System of Municipal Government in this Country will point out to you that there is no mode in which local Affairs can be so properly administered, and that they form at the same time the most appropriate and effectual means of training the great body of the people to the higher branches of Legislation. The promotion of Education among all classes of the people will also engage your earnest attention. On this subject I can add nothing to the information afforded by the Reports of the Earl of Gosford and his Colleagues, & of the Earl of Durham. It will afford Her Majesty's Government the most sincere satisfaction to co-operate with you in any measures which you may adopt for the furtherance of this important object. In any view which can now be taken of the affairs of British North America, it is obvious, that those of Upper Canada must occupy a very prominent place. I am persuaded that the zeal for the Public good, and the superiority to considerations of a nature merely personal, by which the present Lieut. Governor has been distinguished during his long career of Public Service, will obviate the risk of any dissatisfaction being entertained by Him if you should find PUBLIC ARCHIVES G. 43 it necessary, for a time, to assume in person the Administration of the Government of Upper Canada, and, during that period, to supersede him in the discharge of his functions. In the prosecution therefore of your endeavour to obtain as much agreement as possible in the plan to be hereafter submitted to the Imperial Parliament you will not hesitate to repair to Toronto. When there, you will of course avail yourself of the experience which Sir George Arthur has acquired, and of the assistance which he will have both the ability & the disposition to afford you. The first topic which will engage your attention in Upper Canada, is the present Financial State of the Province. This has been most elaborately explained in the Lt. Governor's recent Dispatches. Embarrassing as the immediate state of the question is, it is yet gratifying to learn from those communications that the difficulties in which the Provincial Treasury is involved originate in causes which do not affect the wealth or the ultimate resources of the Province. Having undertaken great internal improvements especially those of the Welland & Rideau Canals with inadequate resources, the works have been very imperfectly completed, and the Returns are absorbed in a succession of repairs which would not have been required if the Canals had been originally formed with a greater Command of Capital. These Works, having also been effected by borrowed money, the loans have been raised at a higher rate of interest than would have been required if the credit of the Province had not been diminished by the absorption of its Revenue in such undertakings. Further it appears that the Provincial Treasury might have been recruited with no perceptible addition to the Public burthens, if it had been possible to increase to a moderate extent, the duties of Import on goods introduced for consumption. But under the combined influence of these causes, the expenditure has at length far exceeded the receipt ; and some measures for reinstating the Provincial Treasury in a secure condition have become indispensable. Her Majesty's Government willingly acknowledge the great advantage which will arise from extending to Upper Canada such aid as the Revenue of Great Britain could afford, consistently with a due regard to the interest of this Kingdom, & of the other Members of the Empire at large. This is however a subject for distinct consideration. For the present I shall confine my attention to the remedial measures adopted by the Local Legislature in their last Session. Of these the first was the raising a Loan by Government Debentures, which was sanctioned by a Bill entituled "An Act to afford further facilities to negociate Debentures for the completion of certain Works." This Bill was reserved for the signification of Her Majesty's pleasure ; & has been confirmed by The Queen in Council. The second Financial Measure of the year was the Enactment of a Bill authorizing the issue of Treasury notes to the amount of £250,000 Sterling for £1 each. This Bill has also been reserved for the signification of Her Majesty's pleasure. I regret to state that Her Majesty cannot be advised to confirm it. The issue of such an amount of small inconvertible paper money as a resource for sustaining the Public Credit, is not to be justified even by the present exigency of Public Affairs. The effect of the measure on the currency & monetary transactions of Upper Canada, & on the value G. 43 REPORT FOR THE YEAR 1930 t of private property throughout the Province, must be such as to 1839 i'eounterbalance any advantage which could be obtained from this temporary relief. If the Credit of the Country can be made available to sustain for a time the transactions of the local Treasury in a less hazardous & objectionable form, you will accede to any plan of that nature. It is only as a temporary expedient that any such resource will be requisite; and it is of great importance to the future welfare of the Province that the scheme devised to meet the pressure .of the passing day should not be such as to preclude the early return to a more salutary course of Financial operations. A third measure of the same general character has been adopted by the Local Legislature to provide for the indemnity of the sufferers '■_y hostile incursions from the United States. The Bill for this purpose entitled "An Act to ascertain and provide for the payment of all just claims arising from the late Rebellion & Invasions of this Province" has also been reserved for the Signification of Her Majesty's Pleasure. I fear that Her Majesty's Assent to this Bill in its present form cannot be given. The objection is not to the measure itself, in the propriety of which Her Majesty's Government entirely concur. But we think it impossible to advise The Queen to assent to an Act, which if so sanctioned, would by the terms of the preamble, convey a pledge from Her Majesty that the charge of this indemnity should be ultimately borne by the British Treasury. The principle involved in this declaration is of too much importance to be thus incidentally recognized, even supposing it to be right that it should be admitted at all. Neither could Her Majesty properly affirm in so solemn a manner, Her acquiescence in this claim on the Revenue of this Country unless it had been previously sanctioned by Parliament; a sanction which has not been, and which could not hitherto have been obtained. If a similar Bill should be passed, with the omission of the preamble, you will readily concur in the enactment of it. The Legislature of Upper Canada has also passed a Bill which has in like manner been reserved for settling a Civil List on Her Majesty in exchange for the Crown Revenues of the Province. It is . with sincere regret that I am compelled to announce that this is also a measure from which, in its present form, the assent of the Crown must be withheld. The effect of it is to exclude from the protection of the grant the Clergy who at present derive their maintenance from the Crown Revenue, & of whom the great majority have resorted to Upper Canada on the assurance that their Stipends would be thus secured to them. Now as this charge has been lawfully fixed upon the Crown Revenue, and as the Crown has no other resource from which it could be paid, it is impossible to accept the proposed Civil List on such terms. Anxious as Her Majesty's Government are to defer to the representatives of the people of Upper Canada in all matters connected with the internal Government of that Province, .they cannot consent to a measure which would practically involve a violation of the pledged faith of the Crown. We cannot decline the obligation of mamtaining the rights of the Clergy in question; and I can only express my hope that the Local Legislature may concur with the Ministers of the Crown as to the propriety of re-enacting Mas Bill, with the addition of the charge necessary for the maintenance of those rights. The burthen will cease with the lives of the present Incumbents; and is now in the course of a progressive diminution. PUBLIC ARCHIVES G. 43 The Last of the reserved Bills of the late Session has reference to the long controverted subject of the Clergy Reserves. To this Bill the Royal Assent could not have lawfully been given, until it has been laid for 30 days before either House of Parliament. It was not until the 15th August that I received from the Lt. Governor the document accessary to enable me to fulfil the requisition of the Constitutional Act of 1791. It was therefore impossible that the Bill should be finally enacted by The Queen in Council until after the commencement of the Parliamentary Session of 1840. But had this difficulty not arisen, there were other motives which would have effectually prevented the acceptance of this measure by Her Majesty. Parliament delegated to the Local Legislature the right of appropriating the Clergy Reserves, and the effect of the Bill is to retransfer this duty from the Local Legislature to Parliament with a particular restriction. I am advised by the Law Officers of the Crown that this is an unconstitutional proceeding. It is certainly unusual & inconvenient.. Her Majesty cannot assume that Parliament will accept this delegated Office, and if it should not be so accepted the confirmation of the Bill would be productive of serious prejudice & of no substantial advant- . age. It would postpone indefinitely the settlement of a question which it much concerns the welfare of the Provinces to bring to a close. Besides I cannot admit that there exist in this Country greater facilities than in Upper Canada for the adjustment of this controversy. On the contrary the Provincial Legislature will bring to the decision of it an extent of accurate information as to the wants & General opinions of Society in that Country in which Parliament is unavoidably deficient. For all these reasons Her Majesty will decline to give Her Assent to this Bill. I have thus adverted to the principal topics which will engage your attention as Governor General of British North America in reference to the two Canadas, omitting many minor questions which will form the subject of future correspondence, & passing by for the present all that relates to the affairs of New Brunswick, Nova Scotia, and Prince Edward Island, I reserve these for consideration hereafter. Finally—I am commanded to direct that in all the Provinces of British North America you will inculcate upon the minds of The Queen's Subjects, Her Majestys fixed determination to maintain the connexion now subsisting between them and the United Kingdom, and to exercise the high authority with which she has been invested by the favour of Divine Providence, for the promotion of their happiness and the security of Her Dominions." p. 40 Russell to Thomson. No. 2. Transmitting correspondence with Treasury regarding provision to be made for support of himself and staff, as Governor General of British North America. (Three enclosures.) p. 131 Russell to Thomson. No. 3. Transmitting copy of despatch from Colborne, containing his suggestions regarding proposed bill for union of Canadas. p. 157 Enclosure:— Colborne to (Normanby). m In my Confidential Despatch of the 28th Ulto, I communicated to Your Lordship, as far as I could collect them, in my constant intercourse with individuals, the opinions in respect to the Union of the Provinces, which have been elicited by the public discussion on that subject. q 43 REPORT FOR THE YEAR 1980 I still entertain no doubt that in the Upper Province the Districts to the Eastward of the River Trent & Bay of Quinte are strongly in favor of measures being adopted for reuniting Upper & Lower Canada, and that the majority of the Settlers to the Westward of the Midland District concur with them, altho' there are many of them altogether opposed to the project. In the Lower Province I have already stated that the population of British origin earnestly desire the Union, and that the Canadian French population are not so averse to the measure as they formerly were. H.M's Govt, will naturally expect to receive from me at this crisis such suggestions, with reference to the proposed Bill for uniting the Provinces transmitted to me with Your Lordship's Despatch of the 5th Ulto No 55, as I may be competent to offer from my long residence in Canada. • Some of the clauses of the Bill, I imagine have been framed chiefly with a view of propitiating the parties in the Colony who may not be attached to our Institutions; but while this insufficient sacrifice is made to their political principles, a formidable obstacle must be encountered from the determination of a large & influential portion of the population of the Provinces to adhere closely to the Constitution of 1791. The discussion in Canada of the clauses to which I advert cannot fail to impede the progress of the Bill, & increase opposition to it at home, and consequently expose the tranquillity of the Colony to great hazard. I should recommend therefore that all details, which may probably create any decided contest of opinion among the parties known to-be violently opposed to each other should be withdrawn from the Bill, & that the clauses embodied in it should have reference only to such arrangements as will allow the Union to go safely into operation, and that any proposed innovation in the Constitution should be left to the consideration and deliberation of the future united Provincial Legislature. In the amended Bill which I should suggest for the consideration of the Imperial Parliament, it would be enacted ; First " That the Govr or Viceroy shall be empowered to declare by Proclamation, with the sanction of H.M's Govt that the two Provinces of Upper & Lower Canada shall form one United Province of Canada; at any time it may be deemed expedient to give effect to the Act either before or after the year 1842." Secondly "That each County & Riding of Upper Canada shall elect one Member to sit in the United House of Assembly." Thirdly. "That the City of Toronto & the Town of Kingston shall each elect one Member." Fourthly "That each County of Lower Canada shall elect one Member to "sit in the House of Assembly of the United Province." Fifthly "That the Cities of Quebec & Montreal shall elect each one Member." Sixthly "That each of the Counties of Middlesex, Durham, Northumberland, Prince Edward, Frontenac & Leeds in U. Canada be divided into two Ridings, with the right of each Riding to elect a Member." Seventhly "That the Townships of Godmanchester, Hinchin- brooke, Hemingford, Sherrington, and La Colle in L Canada be constituted a County with the right to elect a Member, and also that 1839 PUBLIC ARCHIVES G. 43 1839 the Townships of Arundel, Harrington, Grenville, Chatham, Went- worth & Howard on the Ottawa, be constituted a County with the right of electing a Member". Thus with these few alterations, U Canada would be represented by 42 Members, and the Lower Province by 42, Eighty of whom would be elected by Counties & Ridings & 4 by Cities & Towns. About one fourth of the Members of the Lower Province would be elected by a population of British Origin, a fair proportion admitting that the extent of the population of French Origin is about 520,000 and that of British origin about 180,000. The population of British origin of the two Provinces amounting probably to 680,000, would be represented by 52 Members. There are at present in Upper Canada 33 Counties & Ridings, the additional Ridings proposed to be formed will increase the number to 40. There are at present 40 Counties in Lower Canada, seven of which contain a population of British origin. For the two Counties Gaspé & Bonaventure proposed to be attached to New Brunswick two additional Counties are substituted, containing a British population. No party could justly complain of this arrangement, and if adopted it would enable the Governor .or Viceroy to direct the Bill to go into immediate operation with a working House of Assembly, without experiencing the very great difficulty of forming new Electoral I Divisions, a measure which would soon probably produce much clamour and discontent. I should further recommend that the Governor or Vice Roy, be empowered to nominate & appoint a Deputy Governor to reside at Toronto, & 4 of the Executive Council to transact the business of the Districts to the Westward of the Midland District, under Special instructions from the Governor or Viceroy. That a Deputy Commissioner of Crown lands, a Deputy Surveyor General, & a Deputy Registrar shall reside at Toronto, to assist in transacting the business of the Western Districts. And that the Governor or Viceroy be empowered to appoint a Chairman of The Quarter Sessions for each District, with a fixed salary. With these assistants, & deputed authority the Governor would be able to rely, on an emergency, on a well organized and efficient local Power to maintain order & at all times to carry on the duties of the remote districts. With reference to the Constitution of the Legislative Council, it should consist of not less than 25 Members from each Province, eligible from the qualifications stated in the Bill & also from the amount of their property. But few persons in these Colonies will approve of striking at the independence of the Legislative Council by enacting that the Members are to be removed periodically. The Legislative Council composed of respectable and intelligent individuals interested in the welfare of the Country would correct with advantage the hasty legislation of a Provincial Assembly & maintain its own popularity. The scheme of forming new Districts & Electoral Divisions I am persuaded would create difficulties & embarrassment. Individuals qualified to be elected to the proposed Councils cannot be found in sufficient number; and the portion of the population now attached G. 43 REPORT FOR THE YEAR 1930 53 to the Institutions of the Mother Country would prefer a more 1839 decidedly democratic form of Government to the proposed alterations, which would render the Constitution of the Province more complex, without conferring upon them the advantages conveyed by the Elective Institution, of the adjoining States. If it be considered expedient to grant to each County, Township, or Seignory, Municipal rights & privileges, the Provincial Legislature would be found well disposed to carry into effect any acts with that view, which might be recommended by the Governor. The Townships of U. Canada enjoy the privilege of electing their own officers; and this privilege might be extended & granted to the Seignories. In a new Province I am convinced that the welfare & interests of the Colony will be best consulted by allowing most of the rights to remain with the Legislature of the Province which are now proposed to be given to the new Districts." p. 168 Russell to Thomson. No. 4. Transmitting copy of despatch to Downing st., Arthur suggesting that he should place himself in communication with &ept- ' Governor General and requesting that latter make arrangements to that end with Arthur, and communicate with him on subject of reserved bills alluded to in despatch No. 1. (Enclosure.) p. 201 Russell to Thomson. No. 5. Enclosing copy of despatch from Downing st., Colborne, stating grounds that made it inexpedient to reinstate Panet, Sept-n- Bedard and Vallière de St. Real in their judicial functions, and stating that as Government acquiesced in Colborne's decision, it would be left to Governor General to arrange with them for their retirement from Bench. p. 210 Enclosure:— Colborne to Normanby. No. 108. Stating that, while disloyal Government motives may perhaps not be attributed to these judges, yet sustained j^reai, as he had been by Chief Justice and the other judges of the province Aug. 21. ' and by the Crown Officers in England, as to illegality of their proceedings, he was persuaded that in existing state of public feeling and their unwarrantable haste in pronouncing their decision without consultation with Chief Justice and other judges, it would be inexpedient to re-instate them, and he would take responsibility of not permitting their return to bench at that time. p. 213 Stephen to Thomson. Transmitting copy of Colborne's despatch Downing st., No. 104 proposing that fixed salary should be paid to Chairman of8ept- "• Special Council, and stating that Colonial Secretary would approve of adoption of recommendation if Governor General should think fit. p. 229 Enclosure:— Colborne to Normanby. No. 104. Recommending that £400 a Government year be paid to Chairman of Special Council. Hon. James Cuthbert ^j^ presided in absence of Governor. p. 231 Aug. 14. ' Russell to Thomson. No. 6. Acknowledging Colborne's despatch Downing st., No. 105 of August 14, and stating for reason given that Mr. Ryland's ep ' application that mandamus for his appointment as Clerk to Executive Council be ante-dated to Oct. 13, 1838, the date of his nomination, could not be acceded to. p. 233 PUBLIC ARCHIVI G. 43 1839 Downing St. Sept. 13. Russell to Thomson. No. 7. Transmitting copy of Colborne's despatch, recommending fixed salary of £400 a year be paid to Chairman of Special Council, and sanctioning recommendation, if Governor approved. (Enclosure.) P- 239 Russell to Thomson. No. 8. Transmitting for information letter from Charles Hare with remarks on canal proposed to be cut between Bay of Fundy and St. Lawrence. (Enclosure.) p. 250 Russell to Thomson. No. 9. Transmitting copy of despatch from Lord Palmerston to Minister at Washington on subject of seizure by Custom House Officers at Brockville of American schooner " G. S. Weeks," reported in Colborne's despatch No. 81 of June 5. (Enclosure.) P- 266 Russell to Thomson. (Separate.) Stating intention to erect Magnetic Observatory in Canada, and requesting that suitable spot be selected for site, and that every assistance be afforded officer who would proceed to Canada upon the service. p. 323 Russell to Thomson. No. 10. Acknowledging Colborne's despatch No. 93 of July 6, and stating with reference to petition of Dr. Bethune of Christ Church for addition to his salary, that no departure could be made from decisions of preceding Colonial Secretaries. p. 327 Russell to Thomson. No. 11. Transmitting report from Law Officers of the Crown stating there would be no legal objection to re-enactment of Ordinance for incorporating Ecclesiastics of St. Sulpice Seminary and for providing for gradual extinction of their seigniorial rights. (Enclosure.) p. 333 Russell to Thomson. No. 12. Transmitting, with reference to Glenelg's despatch No. 19 of Oct. 20, 1838, copy of letter from Treasury on management of Post Office in Nova Scotia, and drawing special attention to part relating to desirability of securing uniform legislation in the several provinces respecting management of postal system in British North America. (Enclosure.) p. 358 Russell to Thomson. No. 13. Respecting supply of stationery, and payment for same. p. 387 Russell to Thomson. No. 14. Acknowledging Colborne's despatch No. 90 of July 2, on subject of application of Messrs. Smith and De Lery to be reappointed to Executive Council, and stating that, as those gentlemen had resigned their seats because they chose to sit in Legislative Council, seats in both Councils being inadmissible, their application could not be complied with. p. 392 1839 Downing St., Oct. 1. G. 44. (1839) Russell to Thomson. No. 15. Requesting that Major Hall be informed that Treasury had directed payment to him of £65 to cover expences of voyage to Canada to become Military Secretary. p. 1 Russell to Thomson. No. 16. Transmitting copies of correspondence with Lieut. Governor of Upper Canada respecting affairs of that province. p, 3 G. 44 REPORT FOR THE YEAR 1980 53 Enclosures:— 1839 (1) Arthur to Normanby. (Duplicate of 179.) Continuing Government relation of affairs since his despatch of August 21. Investigation into t^Jo, firing of shot from HM. schooner "Montreal" in consequence of Aug. 27.' American steamboat " St. Lawrence " having run close into Brockville without showing colours showed American officer to have acted improperly, as was admitted. Reply enclosed to meeting in Hamilton on subject of " Responsible Government." (Printed in full on p. .) In this reply, it was endeavored to adhere to sentiments expressed by Colonial Secretary and Lord John Russell in Parliament. While all was quiet in province, uneasy feeling prevailed that outbreak might occur at any time. Preparations to meet it were better than they had been. p. 4 (2) Captain Sahdom to Arthur. (Copy.) Relating circum- Toronto, stances^ of the firing of the shot by HM. schooner " Montreal " from Aug-27- which it appeared that there was reasonable ground for fear that American steamer " St. Lawrence " would have run her down, if the warning shot had not been fired. American captain fully concurred that course of his officer was improper. p. 12 (3) Reply of Lieut. Governor to George S. Tiffany and gentle- Government men composing committee appointed by General Meeting held at^"^ Hamilton on July 27. Aug. 24.' 1 The Address you have transmitted to me, and the accompanying Resolutions of a public meeting held at Hamilton, are such as to render, in reference to so respectable a meeting, a reply on my part necessary. I am requested to dissolve the present Provincial Assembly, for the purpose of referring to the Constituency of this Colony, the expediency of establishing a system of Government the effect of which would be to make certain public functionaries in the Province alone answerable for the exercise of the Royal Prerogative in the administration of the public Colonial Affairs. Although it was competent to Her Majesty's High Commissioner, to offer any recommendation to Her Majesty, which seemed to him justly and properly to result from his investigations in this Province; and although it belongs to Her Majesty, and the Imperial Parliament, to make any alterations in the constitution of this portion of the Empire, which may appear wise and prudent, I do not conceive that the Governor of this Province, is empowered to submit, for the consideration of the Electors, a question involving most essential alterations, in the fundamental principles of the constitution, under the authority of which, the powers of Government and Legislation, are exercised in the Colony. I have given to the System, called "Responsible Government," the most deliberate consideration: and I readily avail myself of this opportunity, to lay before the community with frankness and candour, some of the leading consequences, which, I apprehend must inevitably follow its adoption. Judging from the reported expressions of opinion from Her Majesty's Constitutional advisers, I am led to believe, that I am but reiterating their views when I state to you as the result of my own deliberations, that* the proposed plan would lead to a state of things inconsistent with the relations of this Colony, as a dependency of the British Crown. PUBLIC ARCHIVES G. 44 I consider that the general influence of public opinioa, on the exercise of the functions of the Sovereign, which the constitution of England practically allows, ought carefully to be distinguished from the influence which the people of a particular portion of the Empire, may safely possess; and I cannot resist the conclusion, that the complete ascendancy of popular will in a Colony which must necessarily accompany the introduction of "Responsible Government" renders such Colony practically independent, and its relations with the Mother Country, thenceforth but a name. Although by means of the powers of Legislation, wisely granted to this Province, the people have an immediate share in the management of their own public and local concerns, and although they elect without control, the popular branch.of the Legislature; yet, I deem it most essential, that the influence of this part of our Constitution, should not be extended to such a length, as would enable it virtually to supersede that legitimate action of the Royal Prerogative, guided by national will, upon which the connection between the Colony and the Mother Country, must mainly depend. I think it apparent, that under the proposed system, there would not be in existence, any constitutional power, which could preserve uniformity of principle in the policy of Her Majesty's Government, and the Imperial Parliament, with that to be pursued in the Colony ; and I cannot imagine anything, so incompatible with respect for the Throne,—with all sound notions of Government, upon Monarchical principles and with the connection between the Colony and the parent state, as the establishment of a distinct, independent and inconsistent policy. I think that so long as a Colony enjoys the protection and support, which are the consequences of a connection with a mighty Empire, it is essential, that the Colony, its Government and its Legislature should be modelled in such a manner, as would enable it to ensure strict harmony, with the supreme powers of Government, vested in the parent state. The powers required to be ceded to the popular Branch of the Legislature, would extend not merely to the control and removal of the officers of the local Government, even when acting in obedience to instructions from the Ministers of the Crown, but would enable that body to dictate to those Ministers, a course of proceeding in., relation to the Colony, inconsistent with the general Policy of the Empire to which a Minister, responsible directly to the Imperial Parliament, as well for his conduct, in reference to the Colonies, as to the Mother Country could not accede; and thus instead of the maintenance of harmony, an impending, almost an inevitable danger of collision, would be produced. The necessity for the people of Upper Canada, preserving the sympathies and good will of the inhabitants of the neighbouring Country has been powerfully recommended by the report, which formed the subject of consideration at the public meeting at Hamilton. Need I urge upon the subjects of the British Crown in Upper Canada the still more obvious duty & necessity of cultivating the affections of the Sovereign & people, by whose power they are sustained, and to whose protection alone, they can look with confideace. I feel assured, that whilst the Crown has shewn its determination, on the one hand, to maintain inviolate, this valuable portion of the British Empire, the inhabitants of this Province, must have per- G- 44 REPORT FOR THE YEAR 1980 r> ceived an extreme anxiety, on the part of Her Majesty's Government, 1839 to act as much as possible in accordance with the views of the Provincial Legislature, in all local questions, and to accede in every practicable manner, to its wishes, even when the measures contemplated, could not fail to affect more general national concerns. I have endeavoured to make myself intimately acquainted with the true interests of the People of Upper Canada. I know that much requires to be done and that many difficulties have to be overcome before the extensive tracts of uncultivated land can be made available to advance the Provincial Resources. I am convinced of the necessity of diffusing over the whole Province the inestimable blessings of sound religious instruction and a good system of general Education. I am of opinion that restrictions on Trade which work injuriously here may be removed without real prejudice to the interests they were intended to protect, and that immigration in a better state of things may be effectually promoted and I am prepared to assist in investigating and improving all the Departments of the Government and to make the real and deep responsibility of all its Officers fully apparent. I am likewise deeply sensible of the necessity of developing the resources of the Province by means of public improvements. I have lamented, and endeavoured to counteract the causes which for a time have paralyzed the energies of the enterprizing inhabitants of this Colony, and I have joined in earnestly soliciting that aid which alone can place the financial affairs of the Country permanently on a satisfactory basis. I cannot permit an allegation that any persons are known to exercise an undue influence in this Government to go abroad without contradiction. I should ill perform my duty to my Sovereign were I to permit any influence to prevail with me inconsistent with the welfare of the people whom I have been sent to govern, and whose happiness I am enjoined to advance by every means at my disposal. If unhappily I have failed in this object I am not beyond the complaints of the people of Upper Canada but in common with the highest and the lowest servants of the Crown I am answerable for my measures and conduct. From this high responsibility I do not seek to be relieved nor can I be easily convinced that it is the wish of the people of this Province to see it transferred with all the powers of Government to a few Officers in the Colony who acting independently of the wishes of the Sovereign and of the policy of the general Government and Legislature of the Empire, would sway for a time the destinies of this Country and expose it to the continual struggles of a party and faction so utterly at variance with the prosperity and happiness of a young and rising community." p. 19 (4) Russell to Arthur. (Copy). Acknowledging despatches Nos. DowningSt 176 and 179, and expressing satisfaction at Sandom's report, as, also, Oot.2. with Lieut. Governor's reply on "Responsible Government", and intimating that it would be inadvisable for Lieut. Governor to engage in any further controversy on subject. • p. 36 Russell to Thomson. No. 17. With further reference to property Downing st of Charles Maisenhoelder. p. 60 Oct. 5. Russell to Thomson. (Confidential.) Transmitting copies of Downing st., two confidential despatches from Governor of Newfoundland on affairs 0ct-6- in that colony. (Two enclosures, giving in much detail proceedings m Newfoundland from 1833). p<64 PUBLIC ARCHIVES G. 44 1839 Russell to Thomson. No. 18. Acknowledging despatch from Downing st., Colborne No. Ill of Sept. 10, and expressing satisfaction that Martial Oot"10' Law had ceased to exist in every part of Lower Canada. p. 118 Downing st., Russell to Thomson. No. 19. 0ot"w" " It appears from Sir George Arthur's dispatches that you may encounter much difficulty in subduing the excitement which prevails on the question of what is called " Responsible Government."—I have to instruct you however to refuse any explanation which may be construed to imply an acquiescence in the petitions and addresses upon this subject. I cannot better commence this dispatch than by a reference to the Resolutions of both Houses of Parliament of the 28 April and 9th May in the year 1837. The Assembly of Lower Canada having repeatedly pressed this point, Her Majesty's Confidential Advisers at that period thought it necessary not only to explain their views in the Communications of the Secretary of State, but expressly called for the opinion of Parliament on the subject. The Crown and the two Houses of Lords and Commons having thus decisively pronounced a judgment upon the question, you will consider yourself precluded from entertaining any proposition on the subject. It does not appear indeed that any very definite meaning is generally agreed upon by those who call themselves the Advocates of this principle, but its very vagueness is a source of delusion, and if at all encouraged would prove the cause of embarrassment and danger. The Constitution of England after long struggles & alternate success has settled into a form of Government in which the Prerogative of the Crown is undisputed, but is never exercised without advice. Hence the exercise only is questioned, and however the use of the authority may be condemned the authority itself remains untouched. This is the practical solution of a great problem, the result of a contest, which from 1640 to 1690 shook the Monarchy and disturbed the peace of the Country. But if we seek to apply such a practice to a Colony, we shall at once find ourselves at fault. The power for which a Minister is responsible in England is not his own power, but the power of The Crown, of which he is for the time the organ. It is obvious that the Executive Councillor of a Colony is in a situation totally different. The Governor under whom he serves receives his orders from The Crown of England. But can the Colonial Council be the Advisers of The Crown of England? Evidently not, for the Crown has other Advisers for the same functions, and with superior authority. It may happen, therefore, that the Governor receives at one and the same time instructions from The Queen and advice from his Executive Council totally at variance with each other. If he is to obey his instructions from England, the parallel of Constitutional responsibility entirely fails;—if, on the other hand, he is to follow the advice of his Council, he is no longer a subordinate Officer, but an independent Sovereign. There are some Cases in which the force of these objections is so manifest that those who at first made no distinction between the Constitution of the United Kingdom and that of the Colonies admit their strength. I allude to the questions of Foreign War, and international relations, whether of Trade or Diplomacy. It is now said that internal Government is alone intended. G. 44 REPORT FOR THE YEAR 1930 But there are some cases of internal Government in which the honor of The Crown or the faith of Parliament, or the safety of the State are so seriously involved, that it would not be possible for Her Majesty to delegate Her Authority to a Ministry in a Colony. I will put for illustration some of the Cases which have occurred in that very Province, where the Petition for a responsible Executive, first arose—I mean Lower Canada. During the time when a large majority of the Assembly of Lower Canada followed M. Papineau as their Leader, it was obviously the aim of that Gentleman to discourage all who did their duty to the Crown within the Province, and to deter all who should resort to Canada with British habits and feelings from without. I need not say that it would have been impossible for any Minister to support in the Parliament of the United Kingdom, the measures which a Ministry headed by M. Papineau would have imposed upon the Governor of Lower Canada.—British Officers punished for doing their duty; British Emigrants defrauded of their property; British Merchants discouraged in their lawful pursuits, would have loudly appealed to Parliament against (the Canadian Ministry and would have demanded protection. Let us suppose the Assembly, as then constituted, to have been sitting when Sir John Colborne suspended two of the Judges. Would any Councillor, possessing the confidence of the Assembly have made himself responsible for such an Act? And yet the very safety of the Province depended on its adoption—nay, the very orders of which Your Excellency is yourself the bearer, respecting Messrs Bedard & Panet would never be adopted, or put in execution by a Ministry depending for existence on a majority led by M. Papineau. Nor can any one take upon himself to say that such cases will not again occur. The principle once sanctioned no one can say how soon its application might be dangerous or even dishonourable, while all will agree that to recall the power thus conceded would be impossible. While I thus see insuperable objections to the adoption of the principle as it has been stated, I see little or none to the practical views of Colonial Government recommended by Lord Durham as I understand them. The Queen's Government have no desire to thwart. the Representative Assemblies of British North America in their measures of reform & improvement. They have no wish to make those Provinces the resource for patronage at home. They are earnestly intent on giving to the talent and character of leading persons in the Colonies advantages similar to those which talent and character employed in the Public Service, obtain in the United Kingdom. Her Majesty has no desire to maintain any system of policy among Her North American Subjects which opinion condemns. In receiving The Queen's Commands, therefore, to protest against any declaration at variance with the honor of The Crown, and the Unity of the Empire, I am at the same time instructed to announce Her Majesty's Gracious intention to look to the affectionate attachment of Her People in North America as the best security for permanent Dominion. It is necessary for this purpose that no official misconduct should be screened by Her Majesty's Representative in the Provinces and that no private interests should be allowed to compete with the General good. PUBLIC ARCHIVES G. 44 Your Excellency is fully in possession of the principles which have guided Her Majesty's advisers on this subject, and you must be aware that there is no surer way of earning the approbation of The Queen than by maintaining the harmony of the Executive with the Legislative Authorities. While I hâve thus cautioned you against any declaration from which dangerous consequences might hereafter flow, and instructed:, you as to the general line of your conduct, it may be said that I have not drawn any specific line, beyond which the power of the Governor; on the one hand, and the privileges of the Assembly on the other,; ought not to extend. But this must be the case in any mixed Government. Every political Constitution in which different bodiesi share the Supreme power is only enabled to exist by the forbearance»;; of those among whom this power is distributed. In this respect the example of England may well be imitated. The Sovereign using thef prerogative of The Crown to the utmost extent, and the House of. Commons exerting its power of the purse to carry all its resolutions, into immediate effect would produce confusion in the Country in less, than a twelvemonth. So in a Colony: The Governor thwarting every legitimate proposition of the Assembly ; and the Assembly continually > recurring to its power of refusing supplies can but disturb all political relations, embarass trade, and retard the prosperity of the people.— Each must exercise a wise moderation. The Governor must only.; oppose the wishes of the Assembly where the honor of The Crown or the interests of the Empire are deeply concerned; and the AssenW bly must be ready to modify some of its Measures for the sake of harmony and from a reverent attachment to the Authority of Great Britain." p. 122 Russell to Thomson. No. 20. " I am desirous of directing your attention to the tenure on which public Offices in the gift of the Crown appear to be held throughout; the British Colonies. I find that the Governor himself and every, person serving under him are appointed during the Royal Pleasure, but with this important difference. The Governor's Commission is in fact revoked, whenever the interests of the Public Service are', supposed to require such a change in the administration of Local Affairs. But the Commissions of all other Public Officers are very rarely indeed recalled except for positive misconduct. I cannot' learn that during 'the present or the two last Reigns a single instance, has occurred of a change in the subordinate Colonial Officers except in the Cases of death or resignation, incapacity, or misconduct. This system of converting a tenure at pleasure into a tenure for life originated probably in the practice which, formerly prevailed of selecting all the higher Class of Colonial Functionaries from persons who, at the time of their appointment, were resident in this Country, and amongst other motives which afforded such persons a virtual security for the continued possession of their plans, it was not the* least considerable that except on those terms they were unwilling to. incur the risk & expence of transferring their residence to remote and often, to unhealthly climates. But the habit which has obtained of. late years of preferring, as far as possible, for places of trust in the Colonies persons resident there has taken away the strongest motive* which could thus be alleged in favor of a practice to which there are many objections of the greatest weight. It is time, therefore, that G. 44 REPORT FOR THE YEAR 1930 & a different course should be followed, and the object of my present 1839 communication is to announce to you the rules which will be hereafter observed on this subject in the Province of Lower Canada. You will understand and will cause it to be made generally known that hereafter the tenure of Colonial Offices held during Her Majesty's Pleasure will not be regarded as equivalent to a tenure during good behaviour, but that not only such Officers will be called upon to retire from the Public Service as often as any sufficient motives of public policy must suggest the expediency of that measure but that a change in the person of the Governor will be considered as a sufficient reason for any alterations which his Successor may deem it expedient to make in the List of Public Functionaries, subject, of course, to the future confirmation of The Sovereign. These remarks do not extend to Judicial Offices, nor are they meant to apply to places which are altogether Ministerial, and which do not devolve upon the holders of them duties in the right discharge of which the character and policy of the Government are directly involved. They are intended to apply rather to the Heads of Departments than to persons serving as Clerks or in similar capacities under them. Neither do they extend to Officers in the service of The Lords Commissioners of the Treasury. The Functionaries who will be chiefly, though not exclusively, affected by them, are The Colonial Secretary, The Treasurer or Receiver General, The Surveyor General, The Attorney and Solicitor General, The Sheriff or Provost Marshal, and other Officers, who, under different designations from these, are entrusted with the same or similar duties. To this list must also be added the Members of the Council, especially in those Colonies in which the Legislative and Executive Councils are distinct bodies. The application of these rules to Officers to be hereafter appointed will be attended with no practical difficulty. It may not be equally easy to enforce them in the case of existing Officers, and especially of those who may have left this Country for the express purpose of accepting the Offices they at present fill. Every reasonable indulgence must be shewn for the expectations which such persons have been encouraged to form. But even in these instances it will be necessary that the right of enforcing these regulations should be distinctly maintained in practice as well as in theory as often as the . public good may clearly demand the enforcement of them. It may not be inadvisable to compensate any such Officers for their disappointment even by pecuniary grants when it may appear unjust to dispense with their services without such an indemnity." p. 176 Russell to Thomson. No. 21. Transmitting copies of corres-Downing st., pondence with Bishop of Toronto respecting interests of Church of (M-17- England in Upper Canada. p. 214 Enclosures:— (1) Bishop of Toronto to Russell. (Copy.) Inviting attention 23Sackviiie to matters concerning Church of England in Upper Canada. (1) st-.O0*-?- Suggesting that Provincial bill providing for sale of whole of Clergy Reserves, and placing proceeds at disposal of Imperial Parliament be not accepted in present shape as no lands would be left for parishes. It would however be inexpedient to return bill to province as question could never be settled there. Imperial Parliament should legislate finally on subject. (2). Since withdrawal of Parliamentary grant to S.P.G., amount available in Upper Canada was not more 15401^35. PUBLIC ARCHIVES G. 44 than £8000, received from Clergy Reserves supplemented by grant from Casual and Territorial Revenue. This amount should be largely increased. About 600,000 acres of Reserves were sold, and, average price being 13/6 per acre, revenue from it would be £405,000 or £364,500 sterling. As nearly £100,000 were placed in Funds, balance of £264,500 remained in province at 6% interest. His desuÉÈ was to make the interest of this sum available for clergy. (Thomson observed in marginal note "A decent proposal"!). If interest were calculated at 3^%, it would set free £9257-10 per annum, which with the £8000 would make annual endowment of Church £17,257-10. (3) Plan adopted in Australia and Van Diemen's Land would have to be greatly modified to suit Canadas, where constitution "secures a provision for the ministration of the Word and Sacraments according to the forms of the Church of England, which may be modified by the power that conferred it but cannot be taken away." There was, also, the situation of Roman Catholic Church in Lower Canada to be borne in mind. (4) Request was made for assistance in rebuilding church which was burnt, and for new church near the Garriso'n. (5) Suggestion that Queen might follow example of George III as regards Cathedral Church in Quebec, and make gift to church in Toronto. (6) Attention was invited to effect of proposed Union Act on religion. Roman Catholic Church was fully established in Lower Canada, and its rights beyond reach of Legislature, but it can interfere and legislate concerning Church of England. It was submitted that Legislature should be deprived of power to legislate as regards Church of England. (7) Request for completion of instruments necessary for establisment of rectories in the case of 13 of the 57 sanctioned by Colborne, which were left incomplete by Colborne's sudden departure. p. 216 (2) Russell to Bishop of Toronto. (Copy.) Acknowledging letter of 7th, and stating that several subjects mentioned would be carefully considered by Government, regard being had "to the interests of Upper Canada and the diffusion of Christian knowledge throughout that Province." Treasury had been requested to see that arrears due on sales of Clergy Reserve lands were collected as soon as possible. No assistance could be given to church-building in Toronto, nor could Queen be advised to make donation to Church. Request regarding thirteen rectories could not be complied with, as Government would be indisposed to act contrary to expressed opinion of Assembly or to opinion of Lord Glenelg communicated to Lieut-, Governor. p. 236 (3) Bishop of Toronto to Normanby. Requesting that, in informing Arthur of erection of diocese with himself as Bishop, Colonial Secretary would add, as the condition under which preferment was made and accepted, that until some satisfactory arrangement could be made for the support of episcopal office, the Bishop would be content to remain with existing income. That income arose from three sources: the incumbency of the parish; the Archdeaconry; and salary assigned as President of University of King's College. In all, after deductions made, it amounted to nearly £1000 a year. £250 of this wes derived from the College presidency, and should any changes be contemplated in that institution, they could not be made without other provision being made for this part of his emoluments. p. 243 G. 44 REPORT FOR THE YEAR 1980 5< (4) R. V. Smith to Bishop of Toronto. Stating that Russell did 1839 not see any necessity for further communication with Arthur on Downing st., subject. The conditions respecting creation of diocese were com- 0c*'4' municated to Strachan by Arthur on Feb. 20, and these were that see was erected on express understanding that HM.'s Government could not pledge themselves to any extent to provide a salary for the office. His acceptance of office without addition to emoluments did not, in Colonial Secretary's'opinion, imply that emoluments then received were guaranteed by Government. p. 247 Russell to Thomson. No. 22. Transmitting despatch from Downing st., Arthur reporting success of measures adopted by Colonel Wyndham Oot-18- for providing for large body of emigrants from his estates in Clare and Limerick to Upper Canada. It was hoped that Col. Wyndham's example would encourage other land lords to take similar measures. Beyond giving publicity to this enterprise, Government were prevented from furnishing any assistance from lack of funds; local legislature could do much by organizing and working a scheme for locating settlers, which would stimulate and encourage landlords in Great Britain. p. 287 Enclosures:— (1) Arthur to Normanby. No. 187. (Duplicate.) Transmitting l0™^ letter from Lieut. Rubridge reporting disposal of emigrants—181 in ' number—sent out by Col. Wyndham; and expressing hope that other landlords would follow example, which would be advantageous to them as well as to tenants. p. 293 (2) Lieut. Charles Rubridge to S. B. Harrison. Reporting for Toronto, information of Lieut. Governor, his success in disposing of settlers July2a- under his - superintendence. The emigrants—27 heads of families numbering 153, and 14 young men, and 14 young women—embarked from the Shannon on May 28, and reached Grosse Isle on June 30; and Cobourg on July 9. Within three days every individual capable of work was hired, the men at £2-10 a month and the women at £1 a month, all boarded and found. There was no illness on passage; two children were born. Inside six weeks 183 destitute individuals were placed in comparative prosperity by benevolence of one individual, p. 298 Russell to Thomson. No. 23. Requesting, at instance of French Downing st., Consul General, that enquiry be made as to fate of Rev. Auguste (M'23- Vilain, who was Curé of Beauce in 1825. p. 316 Russell to Thomson. No. 24. Transmitting, for attention, copy Downing st., of letter from Treasury, making enquiries respecting appointment0ei'u of Mr. Picard as interpreter in Indian Department. (Enclosure.) p. 318 Russell to Thomson. No. 25. Acknowledging Colborne's Downing st., despatch No. 109 of Aug. 23, and stating that Admiralty, while ap- 0ct-25, preciative of Captain Sandom's services, did not consider them sufficient to entitle him to a Companionship of the Bath. p. 331 Russell to Thomson. No. 26. Acknowledging Colborne's Downing st., despatch, No. 118 of Sept. 27, and noting that of prisoners convicted ' ' of high treason, 58 were being transported for life, and 29 received conditional pardon, two of them on condition of leaving province for ever. p. 337 PUBLIC ARCHIVES G. 44 Russell to Thomson. No. 27. Acknowledging Colborne's despatch No. 117 of Sept. 27, and conveying approval of continuance of services of detached companies of Embodied Canadian Militia on frontier for six months. p. 343 Russell to Thomson. No. 28. Discussing, in connection with Normanby's despatch No. 52 of July 2, the Ordinances mentioned in that despatch, and stating that in many cases the enquiries necessary for decision on them had not been completed. Subjoined is a schedule marked A comprising list of the whole of the ordinances under consideration; another marked B. which comprise ordinances open to some objection, and which should be submitted to Council for necessary amendment; another marked C, in which were enumerated those still under consideration in other Departments of Government. (Schedules accompanying despatch.) p. 346 . Russell to Thomson. No. 29. Transmitting copy of letter from Treasury, respecting supply of arms, accoutrements and clothing for use of Militia and Volunteers in Canada. (Enclosure.) p. 420 Russell to Thomson. No. 30. Transmitting copy of Glenelg's despatch to Durham on April 3, 1838, conveying to him the several commissions constituting him Governor General of British North America and Governor of each province respectively with full exposition of powers entrusted to him and of the manner in which they were to be exercised. With the exception of the part relating to Newfound- . land, which was not included in Thomson's Commission, these instructions were equally applicable to Thomson, and should be accepted by him for his guidance. p. 447 Enclosures:— Glenelg to Arthur. (Circular.) "I transmit to you for your information and guidance a Copy of a Dispatch which I have this day addressed to the Earl of Durham on the subject of the authority which will be invested in him as the Governor General of the British North American Colonies." p. 450 Glenelg to Durham. (Copy.) "I have the honor herewith to transmit to Your Lordship four Commissions under the Great Seal by which Her Majesty has been pleased to appoint you to be the Governor and Captain General of the Provinces of Lower Canada and Upper Canada, of New Brunswick and of Prince Edward Island. A similar Commission appointing Your Lordship to the Corresponding Offices in Nova Scotia has already been transmitted to the Lieutenant Governor of that Province. I also transmit a separate Commission by which Your Lordship is constituted Governor General of all Her Majesty's North American Provinces including the Island of Newfoundland, and Her Majesty's High Commissioner for the investigation of certain questions depending in the Canadian Provinces. In my Dispatch No. 1 of the 20th of January last, I thought it my duty to record the motives which had induced Her Majesty's Government to advise the Queen to invest Your Lordship with unusual and extensive powers, and I then stated the general principles by which you are to be guided in the discharge of your high and arduous duties. My immediate object is to explain what are the powers thus G. 44 REPORT FOR THE YEAR 1980 entrusted to Your Lordship by Your Commissions, and by the Instructions under the Royal Sign Manual and Signet which accompany them. The deviations from former precedents which will be found in these Commissions, though to a considerable extent suggested by the existing crisis in the Affairs of British North America, are not all referable to considerations of an occasional or transitory nature. The usual practice has hitherto been to address to the Governor of Lower Canada a single Commission for the Government of the two Canadian Provinces, a second single Commission for the Government of Nova Scotia and Prince Edward Island, and a third and separate Commission for the Government of New Brunswick. With the Title of Governor General he has in fact been Governor of the Province of Lower Canada only, and has been prohibited from resorting to any of the other Provinces lest his presence should supercede the authority of the respective Lieutenant Governors to whose administration they have been confided. It is difficult to assign any other motive for this practice of issuing three Commissions for the Government of five distinct Provinces to an Officer whose functions were to be confided exclusively to one of them, except that this arrangement may have diminished the expences attendant upon the issuing of such Instruments. This advantage such as it was, has, however, been far more than overbalanced by the inconvenience that two of the five Provinces have been invariably left destitute of the original document upon which the powers of the Local Government may in a certain sense be said to have entirely depended. If any question arose at Toronto or in Prince Edward Island as to the terms of the Royal Commission, it could be answered only by a reference to Quebec or to Halifax. But while the number of these Instruments was thus reduced they were filled with a multitude of superfluous words and redundant Clauses which appear to have been transcribed from ancient precedents without any attention to subsequent changes of the Law, or of the state and circumstances of the Province. In the accompanying Commissions these inconveniences are obviated. For each separate Government there will henceforth be a distinct Commission which will be found to contain no provisions but such as are necessary to impart and to define the powers which are to be exercised by the Governor, or in his absence by the Officer charged with the administration of the Government. On Your Lordship's arrival at Quebec you will open your Commission as Governor of that Province, and your Commission as Governor General and Lord High Commissioner. The first of these Instruments will then be deposited amongst the Archives of the Province. The second will remain in Your Lordship's personal custody and will accompany you to every part of British North America to which you may have occasion to resort. The Commissions for Upper Canada, for New Brunswick and for Prince Edward Island Your Lordship will transmit to the respective Lieutenant Governors of those Provinces to be deposited amongst the Archives of their respective Governments. You will at the same time transmit to each the accompanying Commissions under the Royal Sign Manual and Signet renewing their several Offices which would otherwise be superseded by the revocation of Lord Gosford's Commissions. PUBLIC ARCHIVES G. 44 1839 A.s Lower Canada is that part of British North America in which the necessity for Your Lordship's presence will be chiefly felt, your residence will be principally fixed in that Province. But it will probably be convenient if not indispensable that you should occasionally resort to all or to some of the adjacent Provinces. As often as such an occasion shall arise, and Your Lordship shall pass into Upper Canada, New Brunswick, Nova Scotia or Prince Edward Island you will by virtue of the Commissions there awaiting your arrival assume the Administration of the Government of the Province in which you may be, and retain it during your residence in such Province. During that period the functions of the Lieutt. Governor will be altogether suspended. It is almost superfluous to suggest that, with a view to the maintenance of the deference due to the Lieutt. Governor and to the unimpaired revival of his authority on the resumption of his functions, Your Lordship will afford to the Lieutt. Governor the utmost countenance in your power, and will mark by every possible demonstration that the temporary suspension of his command detracts nothing from his claims on the confidence of Her Majesty's Government and the respect of the Inhabitants at large. On his side it will be the duty of the Lieutt. Governor to render to Your Lordship the utmost possible assistance in the conduct of affairs with which he will be thoroughly conversant, and regarding many of which Your Lordship will of course stand in need of information. Hitherto it has not been the practice to carry on official corres1- pondence between the Governor General and any of the Lieutt. Governors. The Governor General and the Lieutt. Governors have severally conducted their respective administrations as separate and independent authorities, addressing all their communications on public affairs to the Head of this Department, and receiving from the Secretary of State alone instructions for their guidance. As, however, the success of Your Lordship's mission may in no light degree depend on your power of maintaining uniformity of principle in the administration of the different North American Governments in regard to all the more considerable questions which are depending on them, it seems necessary to depart from the existing system so far as may be necessary for attaining that object but not farther. It will, therefore, be the duty of each Lieut. Governor to enter into a free and confidential correspondence with Your Lordship on every topic on which you may invite such communications and to obey every instruction not in itself unlawful which you may address to him. But it will be desirable to limit such correspondence to questions of general & permanent interest. Nor will you address any positive instruction to any of those Officers, without fully weighing every representation which he may have made or may wish to make on the subject of it. The Lieutt. Governors will continue their correspondence with me as usual;—and Your Lordship will transmit to me a copy of the correspondence which may pass between yourself and any of the Lieutt. Governors. It will be readily understood that the preceding instructions have not been dictated by any distrust of the zeal or ability of any of the Officers at present engaged in the administration of the North American Provinces. They have been suggested exclusively by the present position of affairs ia Canada, and by a conviction of the importance of maintaining, on questions of general concern, that unity G. 44 REPORT FOR THE YEAR 1980 55 of purpose throughout the different Governments, which can be 1839 secured only by placing them all for at least a short period in some degree of subordination to One Authority common to the whole. I shall transmit a Copy of this Dispatch to each of the Lieutenant Governors for his information and guidance." p. 451 Russell to Thomson. No. 31. Transmitting despatch and en- Drvning st., closures from Lieut. Governor of Upper Canada relative to financial 0ci'31- condition of that province, more particularly as subject is connected with improvement of water communication; and requesting careful consideration of subject. p. 465 Enclosures:— (1) Arthur to Normanby. No. 195 (See Q. 419, p. 301, Upper Toronto, 'Canada Series.) p. 4g8 sept. 25. (2) Captain G. Philpotts to S. B. Harrison. Report on Wel'land Toronto, Canal. (Accompanying Arthur's despatch No. 195.) p. 539 s<®t.12- Russell to Thomson. No. 32. Acknowledging Colborne's Downing st., despatch No. 116 of Sept. 26, and conveying confirmation of appoint- °^-81- ment of Mr. Boston and Mr. Barron as Joint-Sheriff of Montreal District. p 62i Russell to Thomson. No. 33. Transmitting in connection with Downing st., his despatch No. 2 of Sept. 14, copy of a despatch from the Lieut. 0ot-31- Governor of New Brunswick with accompanying documents, requesting that survey be made as to most eligible line for a canal between the waters of the Bay of Fundy and the St. Lawrence. (Five enclosures.) p 626 G. 45. (1839) I to Thomson. No. 34. Stating, with reference to pre- 1839 viuus correspondence on subject, that Treasury have agreed to Downing st., sanction the procuring of a steam vessel to be stationed in the St. Nov-2- Lawrence, and to be at service of Governor General, also that Admiralty were of opinion that the vessel should be smaller than the "Medea" which was employed on the Lakes. p. 1 Russell to Thomson. No. 35. Acknowledging Colborne's Downing st., despatch No. 114 of Sept. 17, and expressing regret that the returns Nov-9- respecting sales of Clergy Reserves in Lower Canada indicate great irregularities on part of Felton, late Commissioner of Crown Lands. The excuses offered for his violation of the Imperial Act of 1826, limiting quantity of these lands which might be sold in one yea- could not be accepted. No further sales were to be made of these lands. p 12 Russell to Thomson. No. 36. Transmitting, in connection with Downing st., his despatch No. 9 of Sept. 20, an extract from a note addressed to Nov- "• Lord Pahnerston by the American Minister in London, respecting seizure of American schooner, the "G. S. Weeks" of Oswego by Collector of Customs at Brockville. (Note enclosed.) p. 27 Russell to Thomson. No. 37. Acknowledging Colborne's Downii despatch No. 120 of Oct. 1, and stating that he could not sanction Nov-1{ PUBLIC ARCHIVES G. 45 the continuance to Rev. W. Anderson of salary of late incumbent of the living at William Henry, as it would be violation of pledge given to Parliament that charges for Ecclesiastical Establishment in Canada should gradually cease with death of existing mcumibents. p. 74 Russell to Thomson. No. 38. Acknowledging despatch No. 1 of Oct. 19, reporting his assumption of Government of Lower Canada, and transmitting copy of his proclamation; together with copies of address presented to him by magistrates of Quebec and his reply. p. 78 Russell to Thomson. No. 39. Acknowledging Colborne's despatch No. 121 of Oct. 3, and requesting that, with the returns respecting Casual and Territorial Revenues and account of sales of Crown Lands and licences to cut timber, there should be also sent statement of amount to be expected from instalments and arrears for sales of Crown Lands. p. 82 Russell to Thomson. No. 40. Transmitting copy of letter from Treasury and its enclosures, respecting surplus supply of Indian presents, and asking for report as to whether these could be then used. (Three enclosures.) p. 86 Russell to Thomson. No. 41. Transmitting copy of despatch from Arthur, requesting that, since Assembly had disregarded his application for vote to pay for furniture for Government House, he may be authorized to pay at least part of amount from Casual and Territorial Revenue. As Colonial Secretary was reluctant to authorize such an employment of the Casual and Territorial Revenue, Governor General was requested to give subject his consideration. (Two enclosures.) p. 100 Russell to Thomson. No. 42. Transmitting copy of letter from A. W. Hart of Liverpool, representing the disabilities under which his father Benjamin Hart of Montreal labors, on account of his being a Jew, and requesting observations of Governor General. p. 122 Enclosure :— . A. W. Hart to Russell. Representing that owing to intolerant spirit of Anglican Bishop of Quebec, his father, who served for several years as magistrate, and was one of the largest land owners in Canada, and the oldest merchant in the province, had been debarred from serving on Special Council. p. 125 Russell to Thomson. No. 43. Acknowledging despatch No. 2 of Oct. 22, and expressing satisfaction with tone of address from Committee of Trade at Quebec and the reply. p. 144 Russell to Thompson. No. 44. Transmitting, in connection with his despatch No. 26 of Oct. 26, copy of report from master of the " Buffalo ". p# 147 Enclosure:— J. Wood, Master, to Charles Wood, M.P. Reporting, for information of Admiralty, that on preceding Friday he took on 58 convicts from Montreal and 83 from Kingston. As the prisoners from Upper Canada who were destined for Van Dieman's Land would probably prove troublesome he would land them before proceeding to Sydney. p. 148 G. 45 REPORT FOR THE YEAR 1980 5 Russell to Thomson. No. 45. Acknowledging despatch No. 4 1839 of Oct. 31, and " Confidential " of Nov. 1, and expressing approval of Downing st., his decision to proceed at once to Upper Canada, to meet the Pro- Nov'29' vincial Legislature which was to be convened on Dec. 4. p. 153 Russell to Thomson. No. 46. Stating that Captain Charles Downing st., Wetherall had applied for permission to receive his half-pay while Nov-30- holding position of stipendiary magistrate; and enquiring, at instance of War Office, what were his emoluments in that capacity; also, requesting the same particulars in case of any other military officers holding Civil Offices. p. 158 Russell to Thomson. (Private) Acknowledging despatch No. 6 Downing st., of Nov. 11, and conveying approval of the course he proposed to Dec-4- adopt on recommendation of British Minister at Washington respecting reoccupation by British forces of left bank of St. John river and Madawaska Settlement unless Lieut. Governor saw good reasons to contrary. The Cabinet, having considered similar information from Minister at Washington, were of opinion that this course was indispensable. If this had not already been done, necessary orders were given to carry decision into effect, unless some intervening information not in possession of Government should have induced a change of opinion as to expediency of measure. p. 162 Russell to Thomson. No. 47. Stating that of the nine bills passed Downing st., by Legislature of Upper Canada and reserved by Lieut. Governor Dec-6- for significance of H.M.'s pleasure, there remained three respecting which decisions had not been communicated. (1) The currency bill. For reasons given by Treasury, this bill would not be confirmed; (2) the bill authorizing purchase of private stock in Welland Canal. This was being held over, pending receipt of further information which Governor General was requested to furnish; (3) the bill relating to the division of District of Colborne. Regarding this last, it was desired that Governor General should, after consultation with Arthur, report his opinion. p. 173 Enclosures:— (1) Extract from Treasury Minute of Nov. 22. p. 181 (2) Statement relative to the Metallic Currency of Upper and Lower Canada, accompanying foregoing Treasury Minute. p. 191 (3) Treasury Minute of Nov. 26, on "An Act to authorize the purchase of the private stock in the Welland Canal on the part of the Province and for other purposes therein mentioned." p. 213 Russell to Thomson. No. 48. With further reference to the Downing st., Currency Acts. Treasury suggested in an accompanying minute thatDec-6- same proceedings as those taken in West Indies be followed in regulation of currency, that is, by means of Orders in Councils and Proclamations. Copies of those issued in West Indies were enclosed. If Legislature approved, steps would perhaps be necessary to prevent circulation of forged or counterfeit coins. (Four enclosures.) p. 233 Russell to Thomson. No. 49. Transmitting, in connection with Downing st., his despatch No. 28 of Oct. 28, an extract from a Treasury Minute of Deo-9- Nov. 22, explaining why the Ordinance for the regulation of the Currency could not be confirmed. (The enclosures are the same as those on same subject attached to despatch No. 47.) p. 243 PUBLIC ARCHIVES G. 45 1839 Russell to Thomson. No. 50. In same terms and with same Downing st., enclosures attached as in despatch No. 48. (This is intended for Deo-9- Lower Canada.) P-299 Downing st., Russell to Thomson. No. 52. Transmitting, in connection with De0- i despatch No. 28 of Oct. 28, Order in Council of Dec. 9 specially con firming Ordinances Nos. 58, 59, 79 and 83. (Order in Council not herewith.) P- 304 Downing st., Russell to Thomson. No. 53. Requesting him to consult reliable Deo. 16. persons respecting Clergy Reserves and the Roman Catholic clergy. Understanding that the interpretation of Act of 1791 would confine benefits to Protestant Ministers and exclude Roman Catholics, Colonial Secretary noted what seemed singular injustice to Roman Catholics. In England, a tythe-owner had a right of property in a tenth of produce of cultivated land, and, on commutation, a similar right to rent-charge payable out of land. In Canada this right is lost by transfer to Protestant of estate of landowner, and income of Catholic clergy was made contingent on act of another party who had no right to the tythe. The Roman Catholic clergy are thus interested in defeating measures favorable to transfers of land, and influx of British capital to be invested in land. It was suggested as equitable and expedient to provide for commutation of tythe for rent-charge, irrespective of faith of landowner. Report requested. p. 306 Downing st., Russell to Thomson. No. 54. Acknowledging despatch marked Deo. 17. "confidential" of Nov. 11, and approving of his course in granting' Mr. Morin unconditional liberation from custody. p. 316 Downing st., Russell to Thomson. No. 55. Acknowledging Colborne's Dec-26- despatch No. 125 of Oct. 16, and stating that it would afford him pleasure to present him to H.M. for honour of knighthood. p. 320 Downing st., Russell to Thomson. No. 56. Transmitting for his report Deo. 27. voluminous correspondence with British American Land Company on subject of modifications desired in their agreement and other indulgences solicited. (Twelve enclosures.) p. 324 Downing st., Russell to Sir Richard Jackson. No. 1. Transmitting copy Dec. 27. of despatch addressed to Lieut. Governor of New Brunswick for augmentation of military force in that Province by regiment from Nova Scotia, and instructing that decision reached in consultation with Governor General be carried into execution. (Enclosure.) p. 422 Downing st., Russell to Thomson. No. 57. Instructing that Joseph Atkinson, Deo. 28. a Sergeant in Durham Company of Eastern Townships Loyal Volun teers, be informed that his claim for indemnity for losses sustained by refusal of his discharge from 49th Regt., had been referred to Military Authorities for investigation. p. 434 1840' Downing St., G. 46. (1840) Russell to Thomson. No. 58. With reference to Normanbys' despatch No. 43 of June 7, instruction was given to lay before Special Council claim of Roebuck for arrears of salary as agent for Lower Canada Assembly. p. l G. 46 REPORT FOR THE YEAR 1930 55 Russell to Thomson. No. 59. Enquiring, for information of 1840 War Office, whether Major Hall was principal aide-de-camp as well Downing st., as military secretary, and what were his emoluments. p. 3 *"'3" Russell to Jackson. No. 2. Acknowledging despatch No. 1 of Downing st., Nov. 18, and conveying approval of his Proclamation as Adminis- Jan"3- trator during absence of Governor General. p. 7 Russell to Thomson. No. 60. Acknowledging despatches Nos. Downing st., 12, 13 and 14, of Nov. 18, 23 and 25, and expressing great satisfaction Jan-6- at resolutions of Special Council on Re-union of two Provinces; also, at information of good relations subsisting between him and Arthur. His answer to address on arrival in Toronto was approved. p. 9 Russell to Thomson. (Circular.) Stating that Treasury, under Downing st., authority of Act 2 & 3 Vict. c. 52, has ordered that all special franking Jan-8- of letters be abolished. No correspondence, except it related strictly to Government business could go free of postage. p. 16 Russell to Thomson. (Circular.) Stating that a Board of Downing st., Commissioners was appointed for sales of land in British Colonies Jan-17- and for promoting emigration to them, and enclosing copy of instructions to Board. p. 24 Copy of Royal Commission and Instructions. p. 642 Russell to Thomson. No. 61. Acknowledging despatch No. 17 Downing st., of Dec. 6, and expressing approval of answers to several addresses in Jan- "• Toronto. p. 27 Russell to Thomson. No. 62. Acknowledging despatch No. 18 Downing st., of Dec. 7, and conveying to him H.M.'s approbation of the speech with Jan-18- which he opened Legislature of Upper Canada, and her satisfaction with the cordial disposition of both Houses towards him. p. 30 Russell to Thomson. No. 63. Transmitting Order in Council Downing st., recommending that the following Ordinances sent over in despatch Jan-20- No. 8 be left to their operation: No. 115. An Ordinance further to continue for a limited time a certain Ordinance relative to persons charged with High Treason, Suspicion of High Treason, Misprision of High Treason and Treasonable Practices. No. 116. An Ordinance to continue for a limited time a certain Ordinance relative to the seizing and detaining for a limited time of Gunpowder, Arms, Weapons, Lead and Munitions of War. p. 35 Russell to Thomson. (Circular.) Enclosing correspondence Downing st., relative to vessels of the Royal Yacht Squadron being received inJan-22- Colonial ports on same footing as in England and foreign ports. (Five enclosures.) p. 39 Russell to Thomson. No. 64. Stating, with reference to Col-Downing st., borne's despatch No. 65 of May 4, that Treasury stated that it was Jan-23- not their intention to require refund of field allowances issued to officers serving in Canada in operations of 1837. p. 46 Russell to Jackson. No. 3. Transmitting with request for report, Downing st., letter from Treasury enquiring whether any further advances would Jan-23- be necessary on account of Col. Phillpotts survey of inland navigation, as amount expended had exceeded estimate. (Enclosure.) p. 50 PUBLIC ARCHIVES G. 46 1840 Russell to Jackson. No. 4. Stating appeal had been made by Downing st., Henry Evans of Kingsey against decision of Commissioners of Crown ja_.24. Lands, regarding certain payments claimed by Crown; and asking for report. P- °1 Downing st., Russell to Jackson. No. 5. Requesting delivery of accompany- jan. 26. jng letter addressed to Mr. Simes. P- 66 Downing st., Russell to Thomson. No. 65. Requesting, by desire of Com- jan. 28. missioners of Colonial Lands and Emigration, that report of Emigra tion Agent at Quebec be despatched so as to reach London by Jan. 1, each year. P- 68 Downing st., Russell to Thomson. No. 66. Acknowledging despatch No. 20 Jan. 29. 0f ]}ec p^ an(j enci0sing correspondence with Admiralty, from which it would be found that Commander Drew would have opportunity of vindicating himself before Court Martial against charges brought by Captain Sandom. (Two enclosures.) p. 72 Downing st., Russell to Thomson. (Confidential.) Stating with reference to jan.3i. hjs despatch No. 5 of Sept. 11, that there had been further considera tion of the cases of Messrs. Panet, Bedard and Vallière de St. Real, and it had been decided to relieve Governor General of any fetters upon his judgment in dealing with question of their restoration to the Bench. p. 90 Downing st., Russell to Thomson. No. 67. Stating that Chief Justice Robin- Feb. i. son 0f Upper Canada had been notified of great injury occasioned to public service by his protracted absence; and that it was desired he should leave for home by March 15. p. 93 Downing st., Russell to Thomson. No. 68. Acknowledging despatches No. Feb. 3. 22 of Dec. 23, and 23 of Dec. 24, and expressing great satisfaction at proceedings of both Houses in Upper Canada respecting the reunion of the provinces. Congratulations were also extended to Governor General on his success. p. 95 Downing st., Russell to Thomson. No. 69. Acknowledging despatch No. 24 Feb. 4. 0f j_)ea 3i; an(j expressing satisfaction with the report on the com position of the majority and minority in the Assembly on the two most important amendments respecting re-union. These would show that no unusual influence had been exercised by Government over members who voted in favor of resolution. p. 103 Downing st., Russell to Thomson. No. 71. Transmitting, in connection with Feb. 4. Normanby's despatch of June 27, copy of letter from Post Office with report of Deputy Postmaster General at Quebec on measures adopted for checking illicit conveyance of letters. (Two enclosures.) p. 107 Downing st., Russell to Thomson. (Confidential.) Acknowledging confideh- Feb-4- tial despatch of Dec. 24, containing an examination of bill for re-union introduced into- House of Commons, and expressing satisfaction that heads of bill proposed by Governor would soon be in his hands; also that, from appearances, re-union would be effected with but slight alteration in constitution. p. 121 Downing st., Russell to Thomson. No. 72. Acknowledging confidential de- Feb,s- spatch of Dec. 23, and expressing concurrence with view taken of conduct of Law Officers in Upper Canada Assembly in opposing re- G. 46 REPORT FOR THE YEAR 1980 5J union resolutions. Were it not desirable that fullest expression of 1840 opinion on measure should be elicited, those officers should not be permitted to retain their places while opposing will of Government. Result proved strong feeling in favor of re-union. p. 128 Russell to Thomson. (Confidential.) Stating that Foreign Secre- Downing st., tary had received copy of letter from Governor of Maine to President,Feb"8" denouncing action of British in occupying Madawaska Settlement, and urging counter-measures; and that British Government had for reasons given resolved to retain force in that district. Note presenting British view had been addressed to American Secretary of State, but no answer had been received. Colonel Mudge and Mr. Feather- stonhaugh, after investigation, were of opinion that supposed American Boundary did not correspond with meaning and intent of Treaty. Note from Lord Seaton on necessity of preventing aggressive action of Americans enclosed. p. 139 Russell to Thomson. (Separate.) Pointing out certain am-Downing st., biguities in agreement concluded between Lieut. Governor and Gov- Peb'6' ernor of Maine respecting occupation of disputed territory, and requesting opinion, after consultation with persons of judgment on the spot. p. 157 Russell to Thomson. No. 70. Acknowledging confidential de-Downing st., spatch of Dec. 15, and stating that he had perused carefully the exposition of present state of affairs in Upper Canada, and regretted unsatisfactory result. The evils described would be remedied by application of reforms suggested. Satisfaction expressed at removal of question of Responsible Government from public discussion by Governor's explanations, and that in the popular demands "nothing more was sought than such a just administration of the public affairs as is inculcated in the instruction with which I have furnished you on this subject." Personal congratulations extended on success. p. 165 Russell to Thomson. No. 73. Requesting that enquiry be made Downing st., as to fate of Henry Morgan, a native of Old Abbey, Limerick, who Feb-a- came to British America some years before. p. 172 Russell to Thomson. No. 74. Conveying decisions of Govern-Downing st., ment regarding several Lower Canada Ordinances mentioned in hisFeb-8, despatch No. 40 of Oct. 28. Ordinance No. 53 for incorporating Canada Marine Insurance Company was objectionable on several grounds mentioned, but Government were prepared to allow it to remain in operation but not to receive H.M.'s confirmation. Ordinance No. 55 suspending two Ordinances for preventing accidents by fire was unobjectionable. Ordinances No. 57, 62, 69, 106, and 112 contained clauses providing for system of inspection which were considered objectionable, and Governor's report was requested as to special circumstances which might warrant the system. Ordinance No. 66 for incorporating a Trinity House was unobjectionable in form, but the existence of two institutions of same sort—one in Quebec and other at Montreal independent of one another might lead to much inconvenience. Governor's opinion upon point desired, as well as upon Ordinance No. 109 provisions of which appear stringent and inquisitorial. Ordinance No. 92 unobjectionable. p. 178 PUBLIC ARCHIVES G. 46 Russell to Thomson. No. 75. Stating, with reference to Colborne's despatch No. 102 of August 1, that, after consulting with Treasury Commissioners and Secretary at War, it had been decided to allow ten shillings a day to officers serving on Courts Martial. p. 197 Russell to Thomson. No. 76. Acknowledging confidential despatch of Jan. 13, and expressing approval of answer given to request of Upper Canada Assembly for information respecting "Hunter's Lodges." P- 201 Russell to Thomson. No. 77. Transmitting copy of letter from Treasury, stating that in future relief for Military Pensioners in Lower Canada should be afforded in money, instead of, in kind. (Enclosure.) p. 205 Russell to Thomson. No. 78. Transmitting copy of letter from Treasury respecting mode of issuing his salary as Governor General and that of his staff. (Three enclosures.) p. 219 Russell to Thomson. (Circular.) Transmitting, for publicity, printed notice to mariners relating to lights exhibited at St. Catharines Point and the Needles, Isle of Wight. (Enclosure on p. 672.) p. 234 Russell to Thomson. No. 79. Requiring further information respecting Upper Canada Act of 1839 providing for payment of costs in certain cases of information at suit of Crown. Terms of act discussed at length. p. 235 Russell to Thomson. (Confidential.) Stating reply of American Secretary of State had been received on alleged infraction of agreement between New Brunswick and State of Maine, and discussing its terms. p. 256 Russell to Jackson. No. 6. Acknowledging despatch No. 8 of Jan. 16, respecting measures taken in Disputed Territory, and enclosing for his information copies of despatches to Governor General, of Feb. 6, marked " separate " and one of same date marked " confidential, as expressing views of Government on situation. p. 296 Russell to Thomson. (Confidential and separate.) Transmitting copy of despatch being addressed by Foreign Secretary to Minister at Washington, explaining terms of remonstrance to be addressed to U.S. Government on subject of encroachments on Disputed Territory. British Minister was being directed to act in cooperation with Governor General, to whom Lieut. Governor of New Brunswick would look for instructions. (Four enclosures.) p. 323 Russell to Thomson. No. 80. Stating, with reference to his despatch No. 74 of Feb. 8, that Lower Canada Ordinance No. 68 (cap 21) for vesting lands etc. occupied in Lower Canada for Ordnance service, in principal officers of the Ordnance might remain in operation ,but as it would be necessary to give it perpetuity, opportunity should be taken to insert clause in further Ordinance saving rights of Her Majesty, Her Heirs and Successors. p. 367 Russell to Jackson. No. 7. Transmitting copy of letter to Treasury of June 25, 1839, which was stated in despatch No. 7 to be necessary to enable Executive Council to report on claim of Sophia S. Holland to compensation for loss of land forming part of Chateau St. Louis. (Enclosure.) p. 373 G. 46 REPORT FOR THE YEAR 1930 5î Russell to Thomson. No. 81. Transmitting letter from 1840 Admiralty with letter from E. H. Chapman, contractor for Canada Downing st., masts for the Navy, in which he asks for certain privileges to enable Feb'28' him to fulfil his contract; and requesting that Admiralty's views be carried into effect unless there appeared reasons to contrary. (Two enclosures.) p. 382 Russell to Thomson. No. 82. Enclosing, with request for report, Downing st., copy of letter from Michael Martin claiming £26 on account of Feb-29- services in cutting timber for Mr. Chapman, which was detained at By town Canal office for payment of duty. (Enclosure.) p. 423 Russell to Thomson. No. 83. Enquiring for information of Downing st., Admiralty, as to date of appointment of Lieut. Jeffery Hale asMareh 4- Receiver General of Lower Canada. p. 434 Russell to Thomson. No. 84. Respecting supply of stationery Downing st., for Civil Secretary's office in Lower Canada. p. 437 March7- Russell to Thomson. (Circular.) Inviting attention to statutes Downing st., respecting leave of absence to officers in Colonial service, which re- March 10- quire that such leave should be granted by Governor and Council and not by Governor only. p. 440 Russell to Jackson. No. 8. Acknowledging despatch No. 10 of Downing st., Jan. 19, approving of correspondence on subject of Disputed Boundary Marehn- and instructing to apply to Governor General for Government views on subject. p. 441 Russell to Thomson. No. 85. Transmitting, for attention, letter Downing st., from Treasury, respecting recent enrolment of Volunteer Corps atMorch "• Quebec. (Enclosure.) p. 445 Russell to Thomson. No. 86. Stating that Treasury required Downing st., that amounts paid to Military officers for services on Courts Martial March 16- should be paid from Provincial funds and not from Military Chest. (Letter from Treasury enclosed.) p. 461 Russell to Thomson. No. 87. Stating that the application for Downing st., the alteration and extension of McGill College charter had been March "• recently brought to his attention. The delay in disposing of the matter was due to the dilatoriness of the Royal Institution in stating their objections to the proposed changes. He enclosed copies of the correspondence, which consisted of a letter from Lord Seaton (Sir John Colborne) explaining the circumstances; a letter and memorial from Rev. John Bethune, Principal of the College, one from the Secretary of the Royal Institution with an enclosure from Mr. Bethune addressed to the Bishop of Montreal. The Governor General was requested as ex officio one of the Governors of the College to bring the parties together and endeavor to arrange a charter which would be acceptable to both, a draft of which he would send for submission to H.M.'s pleasure. (Five enclosures.) p. 481 Russell to Thomson. (Separate.) Acknowledging despatch of Downing st., Feb. 5, with copy of address from Bishop of Toronto to Clergy andMarch20, Laity of his Diocese urging them to protest against the Clergy Reserves, and expressing his surprise and disappointment at Bishop's proceedings. Bishop's anticipation of the injury to society and to 560 1840 PUBLIC ARCHIVES G. i the interests to religion likely to spring from general excitement | would, one would have supposed, led him to abstain from course he was taking. Satisfaction expressed at the degree of support the bill was receiving from all classes. P- 545 Russell to Thomson. No. 88. Acknowledging despatch marked " confidential " of July 17, and expressing satisfaction with report of Lieut. Jones as to improved state of feeling in United States towards Canada. P- 550 Russell to Thomson. No. 90. Informing him of Her Majesty's satisfaction with which she had observed the work he had done, and the apparent success which had attended his endeavours. p. 553 Russell to Thomson. No. 89. Acknowledging despatch No. 32 of Jan. 21, and expressing approval of his answer to address from Bishop and Clergy of Toronto. p. 559 Russell to Thomson. No. 91. Acknowledging despatch No. 46 of Feb. 12, explaining circumstances of meeting convened by John Neilson in Quebec, to prepare address against the union. p. 560 Russell to Thomson. No. 92. Acknowledging despatch No. 43 of Feb. 11, and conveying approval of speech with which Legislature of Upper Canada was prorogued on Feb. 10. p. 562 Russell to Thomson. No. 93. Transmitting copies of correspondence with Chief Justice Robinson. p. 564 Enclosures:— (1) R. Vernon Smith to Robinson. Informing him of anxiety I entertained by Secretary of State regarding his protracted absence from Upper Canada, which was enhanced by enquiries on the subject in House of Commons and on the subject of his salary during his stay in England which he understood to be half of his regular salary. It was desired that he should state the exact day of sailing, as his leave could not be extended. p. 565 (2) Robinson to Russell. A lengthy explanation of the circumstances of his stay in England, which was due to illness, with statement of services, and of practice regarding salaries of those on leave, which was to allow full salaries during such period. He, also, added some observations in opposition to Union Bill, which he hoped to see withdrawn, and in justification of public expression of his sentiments upon it. p. 570 (3) Smith to Robinson. Stating, with regard to the salary, that enquiry would be made and he would be paid according to what had been found the practice. Robinson was not consulted regarding the bill for Union because he had published opinions entirely adverse to those held by Government. Colonial Secretary, entertaining high opinion of Robinson's ability and public services, wished him happiness and success in his honorable station. p. 596 Russell to Thomson. No. 94. Acknowledging despatch No. 29 of Jan. 20, and stating that H.M. had been graciously pleased to comply with address from trustees of University about to be established at Kingston that it should have title of Queen's College. They should furnish draft of charter desired, and appoint an agent in England authorized to assent to or dissent from any modifications in terms of draft, and to defray necessary expenses. Time would be saved if draft were submitted for consideration of Governor General before being sent to London. p. 631 G. 46 REPORT FOR THE YEAR 1980 5C Russell to Thomson. No. 95. Acknowledging despatch No. 30 1840 of Jan. 20, and expressing regret at inability to grant pension to Downing st., widow of late Chief Justice Sewell. p. 638 March 3L Russell to Jackson. No. 9. Respecting his emoluments as Com- Downing st., mander of Forces in B.N A. p .64 March is G. 47. (1840) Russell to Thomson. No. 96. Acknowledging despatch No. 59 1840 of Feb. 23, and requesting that people of Gaspé be informed that, Downing st., in deference to their wishes, and on advice of Governor General, it A^7- was not proposed to annex the district of Gaspé to New Brunswick. p.l Russell to Thomson. No. 97. Acknowledging despatches Nos. Downing st., 56 and 66 of Feb. 20 and March 9, and expressing great satisfaction APria7- at report of state of feeling continuing to prevail in Upper Canada. Impressed with importance of early settlement of question of Union, he would lose no time in submitting subject to Imperial Parliament. Report on emigration anxiously awaited. p. 4 Russell to Thomson. No. 98. Acknowledging despatch No. 57 Downing st., of Feb. 21, and stating that petition of residents in and about Quebec, Aprils, of British and Irish origin, on subject of Union had been graciously received by HM. p. 8 Russell to Thomson. No. 99. Acknowledging despatch No. 63^, Downing st., and stating that nothing could be added to despatch of Feb. 10, on Apri18- subject of allowance to officers who served on Courts Martial, p. 11 Russell to Thomson. (Confidential.) Acknowledging confiden- Downing st., tial despatch of March 9, and expressing satisfaction at finding con- Apra9, firmed the view that prevalent sentiments of moderate men in Lower Canada were favorable to Union. p. 14 Russell to Thomson. No. 100. Transmitting letter from Lord Downing st., Hill on services of Lieut. Jones, of which Governor General wrote in Apra 9' high terms. (Enclosure.) p. 18 Russell to Thomson. No. 101. Transmitting copy of letter from Downing st., Treasury, on subject of charge for composition money paid forAprfl9- horses for staff officers; and directing that Treasury's wishes be carried out. (Enclosure.) p. 30 Russell to Thomson. No. 102. Acknowledging despatch No. 48 Downing st., of Feb. 13, approving of compliance with Justice Sherwood's appli- Aprai°- cation for retirement. Pension assigned to him would be sanctioned. Approval was also given of appointment of C. Hagerman to succeed Judge Sherwood, of W. H. Draper to succeed as Attorney General, and of Robert Baldwin to succeed as Solicitor General. Warrants were enclosed. Fees £11-5-6 each. p. 45 Russell to Thomson. No. 103. Acknowledging despatch No. Downing st., 64 of March 2, and sanctioning payment to Mr. Kerr of full salary àp"1 «■ as Judge of Court of King's Bench at Quebec from April 2, 1835, when he was removed, until Feb. 22, 1836, when successor was appointed. Approval conveyed of enforcement of rule that officers on leave should receive only half salary during period of absence. p. 54 15401-364 PUBLIC ARCHIVES G. 47 1840 Downing St Russell to Thomson. No. 104. Acknowledging despatch No. 42 of Feb. 11, and stating that Treasury had sanctioned cancelling bond entered into by Mr. Parke in connection with contract for building Government offices in Toronto. p. 59 Russell to Thomson. No. 105. Transmitting copy of letter from Treasury relative to adoption of uniform system in two Canadas respecting non-attendance of military officers at distribution of Indian presents, and directing, if no objection occurs, that practice in Lower Canada of deputing officers for that service be discontinued. (Enclosure.) p. 67 Russell to Thomson. No. 106. Transmitting copy of bill to re-unite the provinces, which was read a second time on April 13, and committed for May 11. The changes from draft prepared by Governor General, though numerous, were insubstantial, except that relating to constitution of District Councils, which was replaced by clause empowering Governor to create Municipal Bodies. p. 74 Enclosure:— A Bill to re-unite the provinces of Upper and Lower Canada and for the Government of Canada, April 2, 1840. p. 701 Russell to Thomson. No. 107. Stating that Clergy Reserves Bill had been laid before both Houses of Parliament, and that House of Lords had proposed to the fifteen judges a series of questions relating thereto. Until these were answered, no progress could be made. p. 79 Enclosure:— Questions submitted to Judges. (1) Whether the words " A Protestant Clergy " in 31 Geo. Ill c. 31 (sec. 35 to 42) include any other than Clergy of the Church of England and Protestant Bishops, and Priests and Deacons who have received Episcopal ordination? And, if any other, what other? (2) Whether the effect of the 41st section be not entirely prospective giving power to the Provincial Legislature as to future allotments and appropriations; or whether it can be extended to affect . lands which have been already allotted and appropriated under former grants? (3) Whether the Upper Canada Legislature having in an Act "to provide for the sale of the Clergy Reserves, aad for the distribution of the Proceeds thereof" enacted, that it should be lawful for the Governor, by and with the advice of the Executive Council, to sell, alienate and convey in Fee Simple all or any of the said Clergy Reserves, and having further enacted, in the same act, that the proceeds of all past sales of such Reserves which have been or may be invested under the authority of the Imperial Act of 7 & 8 Geo. IV shall be subject to such orders and directions as the Governor and Council shall make for investing in any securities within Upper Canada the amount now funded in England together with the proceeds to be received from sales of the Reserves, did in making such enactments or either of them exceed their lawful authority? Russell to Thomson. No. 108. Transmitting copies of correspondence with Treasury respecting despatches No. 19 and No. 33 of Dec. 9 and Jan. 21, relating to claim of Mr. McGregor for indemnification for destruction of his steam boat by brigands from United States, from which it appeared that claim was recognized and payment sanctioned. (Three enclosures.) p. 93 G. 47 REPORT FOR THE YEAR 1980 56 Russell to Thomson. (Separate.) Acknowledging despatch No. 1840 44 of Feb. 12, and stating that he had no objection to recommendation, Downing st., of a change in distribution of grant made from Crown Revenues to April 1S" Wesleyan body and the appropriation of a portion of that grant, not exceeding one half, to Upper Canada Academy, but would not authorize arrangement until he saw fate of Clergy Reserves bill. p. 126 Russell to Thomson. No. 109. Drawing attention to error in Downing st., shipping Public Record works to Speaker of House of Assembly of April 1S- Lower Canada. p. 128 Russell to Thomson. No. 110. Acknowledging despatch No. 62 Downing st., of Feb. 28, and stating that clause had been inserted in Canada Bill APril 16- for separation of Magdalen Islands from Lower Canada and their annexation to Prince Edward Island. p. 130 Russell to Thomson. No. 111. Acknowledging separate despatch Downing st., of March 12, and stating that instructions had been given that private Apra 17- letters of Governor and suite be placed in official bag. p. 131 Thomson to Russell. (Copy of No. 84.) Representing that, for Montreal, some years past, the tedious course of mails by way of Halifax, made April 15- it customary to employ special messengers for conveyance to and from New York, a practice which among other advantages had that of economy, as bag with despatches cost more by post than by messenger, and suggesting that, as bag was used for correspondence of Imperial as well as Provincial service, half the cost should be borne from Military Chest. p. 132 Russell .to Thomson. No. 112. Acknowledging despatch No. 58 Downing st., of Feb. 22, and stating that, if money were available, he should defer Apra 18. to Governor's recommendation in favor of continuance of salary of Rev. Mr. Anderson Rector of William Henry until April 1. p. 138 Russell to Thomson. (Circular.) Transmitting copy of letter Downing st., from Treasury, prescribing mode in which payments were to be made APr_20. from Military Chest. (Enclosure.) p. 139 Russell to Thomson. No. 113. Acknowledging despatch No. 75 Downing st., of March 22, with petition from Gaspé against severance from Lower April 21. Canada, and stating question was settled in despatch of April 7. p. 142 Russell to Thomson. No. 114. Acknowledging Colborne's des-Downing st., patch No. 92 of July 5, and stating that he found the plan he him- Aprim self proposed for providing salary for Bishop of Montreal was objectionable, and should not be carried into effect. p. 143 Russell to Thomson. No. 115. Acknowledging confidential des-Downing st., patch of March 25, and expressing entire approval of course taken APrU23- hy Governor regarding the North Eastern Boundary question. p. 145 Russell to Thomson. No. 116. Transmitting, as an instruction, Downing st., copy of letter from Admiralty, requesting that Messrs. Brockelbank Apra 2i- and Rott may have the same indulgence as was extended to Messrs. Chapman regarding cutting of mast timber on Crown Lands. (Enclosure.) p, 147 PUBLIC ARCHIVES G. 47 1840 Downing St., April 25. Russell to Thomson. No. 117. Stating, with reference to despatch No. 27 of Jan. 18, that Treasury were of opinion that Mrs. Walker had lost her right to pension on account of re-marriage. p. 155 Russell to Thomson. No. 118. Transmitting copy of letter from Earl Granville, containing information relative to departure of a Mr. Forsars of Bordeaux for Canada. (Enclosure.) p. 156 Russell to Thomson. No. 119. Acknowledging despatch No. 5 of Nov. 2, and enclosing for guidance an opinion of Law Officers, favorable to desire of North American Colonial Association of Ireland to purchase and hold lands in colonies, with special reference to their purchase of Seigniory of Beauharnois. (Enclosure.) p. 160 Russell to Thomson. No. 120. Acknowledging despatch No. 78 of March 24, and, in accordance with request, transmitting Regulations observed by Metropolitan Police and Reports of Rural Police Commissioners. p. 168 Russell to Thomson. (Confidential.) Stating it would be satisfactory to learn that provisional arrangement had been concluded with United States Government respecting North Eastern Boundary, Foreign Minister would shortly send to Minister at Washington report of British commissioners on subject, and, at same time, give answer to counter-project of United States Government. p. 169 Russell to Arthur. (Circular.) Stating he had received a letter from W. H. McEown, making claim for losses sustained during Rebellion, and requesting that writer be desired to send copy to Lieut. Governor who would make report upon it. p. 171 Russell to Thomson. No. 121. Transmitting copies of despatches passing between himself and Lieut. Governor of Nova Scotia relating to differences between latter and Nova Scotia House of Assembly. H.M. observed with regret want of confidence in Executive Government on part of Assembly, going so far as an address for the removal of Lieut. Governor. Governor General was directed to proceed to Nova Scotia to make effort to settle difficulties. While determined to listen to nothing derogatory to character of Lieut. Governor, H.M. hopes that such arrangements might be possible as would bring content to a people who had given so many proofs of loyalty and attachment. (Twenty five enclosures including duplicates.) p. 172 Russell to Thomson. (Circular.) Transmitting copy of certain rules and conditions prescribed by Treasury for observance in charters or legislative enactments for incorporating banking companies in colonies. p. 390 Enclosure:— Regulations and conditions respecting incorporation of banking companies. p. 752 Russell to Thomson. (Confidential.) Acknowledging confidential despatch of March 26, with memorandum from Commander of Forces on defences of Montreal and immediate frontier, and stating that Board of Ordnance while much impressed with proposals, desired more detail, and a scientific report as to engineering requisite and an estimate of cost. (Enclosure—letter from Ordnance.) p. 392 G. 47 REPORT FOR THE YEAR 1930 56 Russell to Thomson. No. 122. Stating, with reference to des- 1840 patch No. 63 of Feb. 29, that measures taken under advice of Com- °ownf?g st- mander of Forces and Arthur, regarding maintenance for next two ay * years, of Militia and Volunteer force, had his unreserved approval. Letter was enclosed from Treasury on subject. (Enclosure.) p. 404 Russell to Thomson. No. 123. Transmitting copy of letter from Downing st., Ordnance, stating that proclamations issued in Dec. last, were inade- M*y u# quate for purpose, of appropriating certain land on St. Louis road, Quebec, and instructing that proper measures be taken for vesting in Ordnance lands referred to in proclamations. (Enclosure.) p. 413 Russell to Thomson. No. 124. Stating with reference to despatch Downing st., No. 48 of Feb. 13, that Treasury and sanctioned retirement allowance May 12- of £666-13-4 currency to Judge Sherwood. (Enclosure from Treasury.) p. 418 Russell to Thomson. No. 125. Stating Treasury had sanctioned Downing st., payment of advance of £200 to trustees of Upper Canada Academy at May13- Cobourg. p. 422 Russell to Thomson. No. 126. Stating that Government having Downing st., had under consideration two Upper Canada Acts, viz:—to continue MayR for limited time laws authorizing chartered banks to suspend specie payments under certain regulations; and to amend the act incorporating the Gore Bank, found certain objectionable matter in each. As Legislature had closed, and as it was undesirable to throw the proposed amending acts upon the United Legislature the acts were assented to, on understanding that views of Treasury and of Committee of Privy Council for Trade would be guide, and that, in event of suspension, no dividends would be paid. (Two enclosures.) p. 428 Russell to Thomson. No. 127. Transmitting Order of House of Downing st., Commons requiring names of all persons indicted for High Treason ay ' before ordinary Courts since Jan. 1,1838, with names of those indicted who were brought to trial. Earlier return containing similar information was defective. (Enclosure.) p. 444 Russell to Thomson. (Separate). Transmitting copy of letter Downing st., from Ordnance, explaining intended object of mission to Canada of May16- Messrs Eaton and Elliott of Ordnance Department. (Enclosure.) p. 454 Russell to Thomson. No. 128. Requesting, for information of Downing st., War Office, particulars of appointment of Lieut. J. Mackenzie to office May 16, of Clerk of Court of Requests at Terrebonne; also, reminding him that Blue Books for 1838 and 1839 had not then been received. p. 463 Russell to Thomson. No. 129. Stating that, in accordance with Dow-àng st., Governor's recommendation, Treasury sanctioned repayment to Military Chest of £50 for erection of casemates at Fort Henry and of ward in Midland District Hospital. p. 467 Russell to Thomson. No. 130. Stating that Treasury had sane- Downing st., tioned payment of 20 shillings currency per week to person employed May 18- in distributing relief to Commuted Military Pensioners at Peterborough, p. 473 PUBLIC ARCHIVES G. 47 Downing St. Russell to Thomson. No. 131. Requesting reply to despatch No 51, respecting renewal of lease to Hudson's Bay Company, oi King's Posts. P- 486 Russell to Thomson. No. 132. Enclosing with reference to his despatch of April 15, a lengthy statement from Reverend R. Alder, Secretary of Wesleyan Missionary Society, giving reasons why the annual grant paid to the Wesleyan Missionary Society should not be appropriated in accordance with views of Rev. E. Ryerson. (Enclosure.) P- 487 Russell to Thomson. No. 133. Transmitting copy of communication from Ordnance relative to claims of certain purchasers of land from Mrs. Ferguson at Kingston, forming part of original reservations for military purposes. (Six enclosures.) P- 589 Russell to Thomson. No. 134. Transmitting, with reference to his despatch No. 52 of Feb. 14, communication from Treasury stating that they saw no objection to suggested alterations in system of ports of entry in Upper Canada. (Enclosure.) p. 637 Russell to Thomson. No. 135. Acknowledging despatch No. 85 of April 10, and stating that communications respecting systems prevailing with regard to postage of letters from Great Britain to North American colonies had been referred to Treasury. p. 648 Russell to Thomson. No. 136. Acknowledging despatch No. 82 of April 12, and stating that Treasury had been requested to provide for a lithographic press of particular description for use of Board of Works in Lower Canada. p. 650 Russell to Thomson. No. 137. Transmitting, in connection with his despatch No. 122 of May 10, correspondence with Treasury respecting supplies of equipments to Volunteer Force in Upper Canada. (Four enclosures.) p. 653 Russell to Thomson. No. 137. Acknowledging despatch No. 96 of April 29, and stating that memorial from Montreal Board of Trade praying that that port might be made a Free Warehousing Port, had been referred to Treasury. p. 672 Russell to Thomson. No. 139. Acknowledging despatch No. 97 of April 30, and stating that memorial representing ill-treatment to which British fishermen on Labrador Coast were exposed from foreigners had been referred to Admiralty. p. 674 Russell to Thomson. No. 140. Acknowledging despatch No. 95 of April 28, and enclosing copy of despatch of July 1839, in answer to petition of Mrs. Rollette, widow of officer of Provincial Marine for grant of pension. No other answer could be given. p. 675 Russell to Thomson. No. 141. Acknowledging despatch No. 80 of April 4, with petition of Roman Catholic Clergy of Lower Canada, deprecating union of provinces, and praying for establishment of constitution of 1791. p. 683 Russell to Thomson. No. 142. Acknowledging despatch No. 90 of April 21, and expressing his wish to be informed as to result of proceedings in Special Council, respecting certain ordinances to be laid before them; and his satisfaction at restoration of tranquillity in Lower Canada. D 686 G. 47 REPORT FOR THE YEAR 1930 56 Russell to Thomson. No. 143. Acknowledging despatch No. 93 1840 of April 25, and stating that, in compliance with request, the addresses Downing st., received by Governor in Upper Canada and his replies would be May29' placed on record in Department's Archives. p. 691 Russell to Thomson. No. 144. Acknowledging despatch No. 103 Downing st., of May 5, stating that Mr. Tetu was going to England with petition May30- from Quebec District against union. p. 694 Russell to Thomson. No. 145. Acknowledging despatch No. 102 Downing st., of May 5, and stating that as Special Council were unable to re-enact May30- ordinance imposing tax on emigrants, he had advised Treasury to sanction payment out of vote for Canada, of £5000 or £6000 estimated as necessary for taking care of emigrants when they first land. Treasury had not announced decision. p. 696 Return of names and other particulars of persons imprisoned in Lower Canada charged with Treason or Offences of Treasonable Nature, since Nov. 1, 1837. p. 758 G. 48. (1840) Russell to Thomson. No. 146. Transmitting for his observa- 1840 tions, extract from Report of the North American Colonial Com- Downing st., mittee on subject of emigration to Canada, communicated by LordJunel- Mount Cashel the chairman. (Enclosure.) p. 1 Russell to Thomson. No. 147. Stating that a bill on the Clergy Downing st., Reserves was laid before House of Commons on June 1, to be readJune3- a second time on June. Copy of bill was enclosed. p. 19 Enclosure:— Bill to provide for the sale of the Clergy Reserves in Upper Canada, and for the distribution of the proceeds thereof. p. 528 Russell to Thomson. (Circular.) Transmitting copy of letter Downing St., from Admiralty, stating that Cunard steamers would run only monthly June5- to and from Halifax from November to February, both months inclusive. (Enclosure.) p. 23 Russell to Thomson. No. 148. Acknowledging despatch marked Downing st., "confidential" of April 25, and stating that Canada bill would beJuneS- amended so as to give two members for Lincoln county. p. 31 Russell to Thomson. No. 149. Stating that Sir John Franklin, Downing st., Lieut. Governor of Van Diemen's Land, had reported arrival after June 10- 137 days passage of H.M.'s ship Buffalo with 82 male convicts from Upper Canada. As would be observed, Franklin recommended that, after these men had had two years of labor on roads, he should be allowed, at his discretion, to issue tickets of leave to them. Governor's opinion requested on recommendation. (Two enclosures.) p. 33 Russell to Thomson. No. 150. Stating that Treasury, on con-Downing st., sideration of Governor's despatch No. 92 of April 24, had decidedJune "• that expenses connected with Volunteer Corps at Quebec, would be charged to vote for Special Services in Canada. p. 45 Russell to Thomson. No. 151. Stating, in connection with his Downing st., separate despatch of May 30 that Treasury had agreed to advance June 12- £5000 for relief of emigrants at Quebec, to be repaid from Provincial revenues. p. 47 1840 Downing St., June 12. PUBLIC ARCHIVES G. 48 Russell to Thomson. No. 152. Acknowledging despatch No. 53 of Feb. 15, and stating that several addresses from Upper Canada Assembly would receive consideration. p. 49 Russell to Thomson. (Confidential.) Stating that Foreign Secretary would soon send to Minister at Washington instructions as to Boundary question; and instructing Governor to carry out, in concert with Minister at Washington instructions already received on subject of Provisional Agreement. Disputed territory should be in custody of duly constituted authorities to prevent plundering. Should negotiations at Washington appear unpromising, and aggressions be renewed, steps should be taken to protect line of communication between Quebec and Fredericton. p. 52 Russell to Thomson. No. 153. Acknowledging despatch No. 97 of April 30 with reference to aggressions on Labrador fishermen, and stating that it had been communicated to Admiral commanding on North American and West Indian Station. p. 54 Russell to Thomson. (Circular). Enclosing, in connection with circular of Jan. 22, list of vessels and members of Royal Yacht Squadron. (Enclosure.) p. 56 Russell to Thomson. No. 154. Stating, with reference to despatch No. 77 of March 24, that Law Officers were consulted as to whether success were probable in action to compel British American Land Company to fulfil agreement; and learning it was not, and as Company seemed indifferent to demands to same end, Governor was instructed to take such measures as were within his powers to compel them to conform to original terms of contract. Correspondence with Company was enclosed. Company were directed to address their communications to Governor. (Five enclosures.) p. 57 Russell to Thomson. (Separate). Acknowledging despatch No. 112 of May 26, and expressing satisfaction at the considerable increase r of emigrants arriving and at very few expressing intention of going on to United States. As advantage offered in United States in ease with which incomers find employment, every effort should be made to equalize conditions in that respect. Registry Offices for employment suggested. Proposal to grant small portions of lands to immigrants, accompanied by employment on some public works approved, but subject should be submitted to United Legislature that policy on encouraging immigration from Great Britain might be matured. p. 84 Russell to Thomson. No. 156. Stating, with reference to despatch No. 113 of May 26, that H.M. had approved of Provisional appointment of Charles Dewey Day as Solicitor General for Lower Canada. p. 90 Russell to Thomson. No. 157. Acknowledging despatch No. 105 of Hay 13, respecting damaged state in which Imperial Statutes reached him; and stating measures were taken to prevent repetition. p. 92 Russell to Thomson. No. 158. Stating that communication had been received from Mr. Schoolcraft, Indian Agent at Michilimackinac, representing that British authorities of Indian Department had been endeavouring to seduce Western Indians into British territory, with I G. 48 REPORT FOR THE YEAR 1930 56S assistance of Hudson's Bay Company. Company deny charge, and 1840 Sir George Arthur believed allegations against Indian Department to be equally groundless. (Enclosed, letter from H.B. Company.) p. 94 Russell to Thomson. No. 160. Acknowledging despatches No. Downing st., 106 and 110 of May 15 and 23, on subject of salary of Chief Justice June2s- Robinson, while on leave, and stating that as Arthur had reported that practice was to allow full salary in such cases, sanction was given to treat Robinson in, same way. At same time, notice should be given that, thereafter, in cases of the same sort, only half salary would be allowed, in accordance with general colonial practice. p. 106 Russell to Thomson. No. 161. Transmitting, with reference to Downing st., despatch No. 87 of April 18, letter from Ordnance stating that addi- June24- tional officers of engineers applied for could not be supplied. Ordnance had been notified, however, that in event of fortifications being commenced next year, more assistance would be requisite. (Enclosure.) p. 109 Russell to Thomson, No. 162. Transmitting, in connection with Downing st., despatch No. 146 of June 1, copy of letter from Dr. Thomas Rolph, JuneK- honorary secretary of North America Colonial Committee, with further suggestions on subject of emigration. (Enclosure.) p. 114 Russell to Thomson. No. 163. Requesting reply to despatch No. Downing st., 82 of Feb. 29, respecting claim of Michael Martin. p. 122 June as. Russell to Thomson. No. 164. Stating, with reference to des-Downing st., patch No. 84 of April 15, that Treasury had agreed to half expense June K- of messenger to and from New York being paid from Military Chest. p. 123 Russell to Thomson. No. 165. Acknowledging despatch No. 86 of Downing st., April 17, and stating that Report of Emigration Agent for Lower Can- June 27. ada for 1839 had been communioated to Colonial Land and Emigration Commissioners, with request to prepare information for intending emigrants and also to suggest how £1500 which it was proposed to devote to plans could best be spent. p. 125 Russell to Thomson. No. 167. Stating intention to furnish Downing st., improved description of guns and rifles as presents to Indian Chiefs,June29- and requesting that as much economy as possible be employed in their distribution. p. 127 Russell to Thomson. No. 168. Acknowledging despatch No. 100 Downing st., of May 4, and stating that Treasury had, on his recommendation,June29, consented that expenses of Courts Martial in Lower Canada should not be borne by province. p. 129 Russell to Thomson. (Circular.) Enclosing memorandum from Downing st., Admiralty, pointing out inconvenience of Light Houses being painted June 29. white. They should be painted either red or white and red. (Enclosure.) p. 131 Russell to Thomson. No. 169. Acknowledging despatch No. 117 Downing st., of May 28, and approving of unconditional release of D. B. Viger; June3°- also, expressing satisfaction that condition of province rendered renewal of Ordinance suspending Habeas Corpus unnecessary, p. 134 Russell to Thomson. No. 170. Transmitting Royal Warrant for Downing st., appointment of C. D. Day as Solicitor General. Fees £11-5-6. p. 135 June3°- June 30. 70 PUBLIC ARCHIVES G. 48 1840 Russell to Thomson. (Separate.) Stating that Edward Dowling, Downing st., the bearer of the despatch, had been appointed Legal Adviser to his mission. P-136 Russell to Thomson. No. 171. Acknowledging despatch No. 115 of May 26, and giving decisions on several addresses from Upper Canada Assembly. (1) On Tea Trade—subject to be dealt with in Custom's Bill of that session. (2) Pensioners—wishes of Assembly had been anticipated by Government. (3) Case of Christopher Leggo —as losses were due not to violence of foreign enemy, but to misconduct of Volunteers, claim could not be entertained. (4) Emigration —address sent to Commissioners for Colonial Lands and Emigration for report. (5) Compensation for losses arising from Rebellion— address referred to Treasury. (6) Welland Canal Act—address referred to Treasury. (7) Introduction of Canadian Corn into Great Britain—address referred to Committee of Privy Council for Trade. p. 138 Russell to Thomson. No. 172. Acknowledging despatch No. 111 of May 20, and making explanation as to his speech in House of Commons on April 10, which caused distress to Executive Councillors, p. 145 Russell to Thomson. No. 173. Acknowledging despatch No. 67 of March 11, and thanking him for statement on public debts of Upper and Lower Canada. p. 149 Russell to Thomson. No. 174. Acknowledging despatch No. 68 of March 13, and expressing anxiety to receive Ordinance for extinguishing Seigniorial rights and dues of Seminary of St. Sulpice. p. 150 Russell to Thomson. No. 175. Transmitting copy of report of Col. Mudge and Mr. Featherstonhaugh on Boundary dispute, p. 151 Russell to Thomson. No. 176. Stating with reference to his despatch No. 91 of April 22, and Arthur's No. 22 of April 22, respecting expenses of Lt. Col. Philpotts in connection with his survey of the inland navigation that report was desired from him on points raised by Treasury, whose letter was enclosed. p. 153 Russell to Thomson. No. 177. Transmiting observations of Commissioners of Colonial Land and Emigration on his despatch No. 112 on Emigration. (Two enclosures.) p. 158 Russell to Thomson. No. 178. Transmiting copy of instructions to Lt. Broughton and J. D. Featherstonhaugh from Foreign Office respecting survey of portion of Disputed Territory, not covered by Lt. Col. Mudge and Featherstonhaugh the previous year. (Two enclosures.) p. 188 Russell to Thomson. No. 180. Transmitting, in connection with despatch No. 135 of May 23, letter from Treasury respecting Governor's despatch No. 85 of April 16, recommending reduction of postage rates between Canada and Great Britain; and instructing him to appoint a commission, of which officer of Post Office Department should be member, to enquire into the administration of Post Office in British North America and the post routes. Report of officer of Royal Engineers on Metis Road was enclosed. The several lieut. governors were instructed to assist in collection of evidence. (Four enclosures.) p. 210 G. 48 REPORT FOR THE YEAR 1980 57 Russell to Thomson. No. 181. Acknowledging despatch No. 1840 116 of May 27, respecting stores of articles for Indian presents, and J^™^g st-> requesting him to consult with Arthur and give his opinion as to expediency of sending out stores to Canada. p. 230 Russell to Thomson. No. 182. Transmitting, in connection Downing st., with despatch No. 165 of June 27, copy of letter from Commissioners Ju,y 13- of Colonial Lands and Emigration on Report of Emigration Agent for 1839, and adding that no decision had been received from Treasury respecting the £1,500 he proposed to appropriate to Emigration service at Quebec. (Enclosure.) p. 234 Russell to Thomson. No. 183. Acknowledging despatch No. 99 Downing st., of May 2, and stating that, as a refutation of charge in House ofJuIy "• Commons of cruelty and injustice against Arthur for withholding salary of Bishop of Toronto in his capacity of President of King's College, this despatch was published as a Parliamentary Paper. Full concurrence was expressed in opinion of Governor General on conduct of Bishop. p. 255 Russell to Thomson. No. 184. Requesting, to meet an address Downing st., of House of Commons, a Return of the names and other particulars July 15- of Commissioners appointed to investigate claims of certain loyal inhabitants of Lower Canada for losses sustained during late disturbances, p. 257 Russell to Thomson. No. 184^. Stating, in connection with his Downing st., despatch No. 171 of July 1, that Treasury having under consideration Jviy 13- Act of Upper Canada providing for payment of claims arising out of •Insurrection together with address from Assembly praying for compensation for losses sustained by province in same connection, decided that circumstances under which losses occurred would not warrant application to Parliament; also, that there was no sufficient reason for objecting to confirmation of Provincial Act on subject. Extracts from letters from Treasury were enclosed. (Two enclosures.) p. 259 Russell to Thomson. No. 185. Transmitting, in compliance with Downing st., request in despatch No. 122 of June 18, copy of amended charter July18- proposed by Lord Seaton to be granted to McGill College. (Enclosure.) p. 265 Russell to Thomson. No. 186. Transmitting, in connection with Downing st., his despatch No. 182 of July 13, letter from Treasury sanctioningJuly 18- grant of £1,500 for Emigration purposes. (Enclosure.) p. 271 Russell to Thomson. No. 187. Downing st., "The Act for the Union of the Provinces of Upper & Lower uy Canada having now become Law, I am desirous that you should prepare for a Constitutional Government according to the principles of that Act. The extent of the Province of Canada & the amount of its Population, render the application of general principles more necessary, & indeed more easy than in Colonies of smaller extent and containing fewer Inhabitants. It may be considered as a cardinal maxim in Constitutions, where the Executive bears the character of Monarchy & the Legislature is in one of its branches derived from the choice of the People, that the PUBLIC ARCHIVES G. 48 Executive should be charged with the admi-dstration of the PubHc J Revenue, & that the Representative Assembly should check & control abuse, profusion, or misapplication. In many of our Colonies these functions have been mixed or reversed, to the great injury of the public weal. The administration has been too often carried on without sufficient revision on the pant of the Popular Assembly, & on the other hand the Popular Assembly has too often assumed to itself the distribution of Offices, which properly belongs to the Executive. Each of these deviations from sound principle has been injurious to the People. Abuses have arisen in the ordinary administration from a want of constant subjection to public enquiry & censure; profusion and misapplication have flowed from the distribution of PubHc funds by the Assembly, who could not act as the Censors of an evil of which they were themselves the authors. I do not wish to enter into details of which you are the best judge. But as general guides for your conduct, I wish you to bear in mind the following directions. 1. That every Office should be so constituted, that all proceedings carried on in it, should be matter of daily record, & where no superior reasons of State intervene, such proceedings should, when requested, be laid before the Assembly. 2. That the functions of the Colonial Secretary, the Receiver General, the Commissioners of Public Lands and Board of Works, should be clearly explained to these several Officers; that the Attorney & Solicitor General should be consulted on all matters of Law affecting the Administration, and that all these Officers of the Government should be responsible to you for the due performance of their duties, and for the harmonious conduct of the public business entrusted to their care. 3. That no encouragement should be given to any attempt on the part of the Assembly of the United Province to entrust their own Members, or persons appointed by themselves with the Expenditure of any part of the Public Revenue. In acting on these Instructions, you will understand & impress upon others, that their observance is considered by H.M. Government conducive to the welfare of the Province, & that the most public & unreserved communication between the Governor of Canada, & the two branches of the Legislature is, in my opinion & that of my Colleagues, the best mode of establishing permanent satisfaction, the continual improvement of the Laws, & the most cordial connection between the United Kingdom and Canada." p. 274 Russell to Thomson. No. 188. Stating that as Royal Assent had been given to bill for union of provinces, his former commissions would be revoked and replaced by a new commission as Governor of Canada. This was being prepared as well as revised set of Instructions; also an Order in Council authorizing him to proclaim the Union. Arthur would return home. Would propose making salary of Commander of Troops in Upper Canada same as that of Lieut. Governor. Advice on this point requested. p. 278 Russell to Thomson. No. 189. Stating that Treasury were disposed to recommend disallowance of Upper Canada Bill " to make G. REPORT FOR THE YEAR 1930 provision to indemnify persons from losses occasioned by the acts 1840 of Incendiaries between the fourth day of December 1838 and the first day of January, 1840". Governor's opinion requested regarding it. p. 280 Russell to Thomson. No. 190. Acknowledging despatch No. Downing st., 131 of June 27, and stating that, in consequence of Governor's re-July27' monstrance, additional supplies of arms and clothing for cavalry and infantry would be sent out. p. 283 Russell to Thomson. No. 191. Acknowledging despatch No. Downing st., 120 of June 16, and expressing regret that policy of GovernmentJuly28- rendered it impossible to make grant of land to Mr. Israel Rice. p. 285 Commissioners to Stephen. (Copy.) Stating that they had Colonial - drawn up a set of questions to be answered by Provincial authorities ^Sg^L, to provide information for intending emigrants, and indicating the Office, form the answers should take. p. 287 July M- Enclosure:— Questionnaire. "For the Information of Emigrants". p. 508 Russell to Thomson. No. 192. Requesting that information be Downing st., sought regarding Charles Wiltshire. p. 291July29- Russell to Thomson. No. 193. Downing st., " Her Majesty's Government are desirous that the Act for re- y uniting the Canadian Provinces, and for the Government of Canada, should be carried into effect with the least practicable delay. There are, however, some forms of proceeding indispensable to that end, which I apprehend it will be impossible to complete in this Country without some previous communication with yourself. I am in communication with the Attorney and Solicitor General on the subject, and have asked for their immediate Report. Subject, therefore, to any correction which they may make of the views which I at present entertain, I will explain those views to you by the present opportunity, in order to abridge, as much as possible, the interval which must elapse before the Law can be carried into complete effect. First—Under the first Section of the Act of Parliament, it will be necessary that an Order of The Queen in Council should be made, authorising you to declare the Union of the Provinces. That Order is in progress, and will I trust be promulgated within a fortnight from the present time. Secondly.—The Sixty-first Clause defines the meaning of the words, "Governor of the Province of Canada", and would seem to require that a new Commission for the Administration of that Government should be issued, before the Union can actually take effect. It is therefore proposed that such a Commission should be issued with all practicable dispatch. But, Thirdly, The Commission must be ineffectual, and, indeed, could scarcely be prepared at all, until both the Councils—the Legislative and the Executive—can be constituted. You are aware that, by a custom almost invariable, the nomination of the Governor of a Province, and the nomination of the Councillors, are simultaneous. This indeed is, in the present case, apparently inevitable, because, PUBLIC ARCHIVES G. 48 until the two Councils are legally constituted, no Legislature couldf be convened, and many parts of the Governor's Ad-__nistrative| functions, would be incapable of execution. Now the fourth Section of the Act requires, that The Queen herself shall appoint the Legislative! Councillors, and it is highly desirable that Her Majesty should, at least in the first instance, appoint the Executive Councillors also. The selection of proper persons for these purposes, cannot of course, be made in this Country. I apprehend, therefore, that Your Commission as Governor of Canada, cannot be issued, until I shall be in possession of Lists both of Legislative Councillors and of Executive Councillors, which may be submitted to The Queen, for Her Majesty's1 sanction. You will have the goodness to prepare, and to transmit to me such Lists, without delay. Fourthly—Although your powers as Governor of Canada will, to a great extent, be ascertained by the Act of Parliament, yet the Commission and the Royal Instructions, which must accompany it, will, in many important respects, determine the nature, and regulate the exercise, of those powers. Since, for the reasons already mentioned, some time must intervene before the issuing of the Commission and Instructions, it might be very convenient that I should receive from yourself, any suggestions which your experience and local knowledge may supply, for correcting the forms which, with some occasional variations, have been used since the year 1791 in preparing Instruments of this kind for the Canadian Provinces. They have obviously become in many respects obsolete, and inapplicable to the present condition of Canada. The Commissions and Instructions I for the other American Provinces would appear to be much more simple and intelligible. Fifthly,—a Seal for the Province of Canada is required by the Act or Parliament. This also is in progress; but I learn from the Officers in charge of this Service that two or three weeks must elapse before it can be completed. I am not aware that any other preliminary form, than those to which I have adverted, must be observed in this Country, in giving effect to the Act of Parliament. H, however, any such should occur to yourself, I shall be happy to be reminded of it. I apprehend that . those which I have mentioned will render it impossilbe to hold the Elections for the new Assembly until the winter, and that their Meeting cannot take place until the commencement of the year 1841. As I have already observed, the opinion of the Law Officers of the Crown may perhaps alter my present view of these questions of form. Perhaps also, on receiving copies of the Bill in its passage through Parliament, it may have occurred to you to anticipate my present enquiries by preparing and forwarding to me Lists of the proposed Councillors, and, if so, the delay in issuing your new Commissions and Instructions may be considerably diminished. As the general custom of Canada has been to hold the Meetings of the Legislature in the Winter, I should hope that no inconvenience will arise from the apparent necessity of not holding at an earlier period the first Session of the new Assembly. On the other hand, should extraordinary circumstances render postponement advisablej you will inform me, without loss of time, of your grounds for such postponement." p. 293 f G. 48 REPORT FOR THE YEAR 1980 575 Russell to Thomson. No. 194. Transmitting table of new duties 1840 proposed for Customs Act, including item relating to duty on tea P°wnnlg st-> imported into Canada from foreign countries, and stating circum- y stances had prevented adoption of this resolution, and that bill had been withdrawn for that session. p. 313 Enclosures:— (1) Customs. Proposed new Duties. p. 499 (2) Bill to amend Laws relating to Customs. p. 500 Russell to Thomson. No. 195. Transmiting series of ques- Downing st., tions, to obtain information of use to intended emigrants. p. 317 Aug- - Enclosure:— Commissioners of Colonial Land & Emigration to Stephen. p. 287 Russell to Thomson. No. 196. Transmitting correspondence Downing st., with Treasury, on subject of communication with R. F. Cooke, of Aug-6- Upper Canada, relative to duty on wheat grown there and exported to United States, and requesting report. (Three enclosures.) p. 319 Russell to Thomson. No. 197. Transmitting letter from Lord Downing st., Durham, claiming £849 on account of furniture left in public rooms Aug'8' in his residences as Governor General, and directing that amount be paid. (Enclosure.) p. 337 Russell to Thomson. No. 198. Transmitting letter from Captain Downing st., Sandom, recommending the building of steam vessel for service on the Aug-10- Lakes, chiefly to be used for protection of Western Frontier and requesting, opinion. (Enclosure.) p. 342 Russell to Thomson. No. 199. Transmitting with reference to Downing st., despatch No. 130, copy of correspondence with agent of Col. Wynd-Aug-11§ ham, respecting charge incurred by Provincial Government for emigrants who arrived in Canada from Wyndham's property in destitute condition. (Six enclosures.) p. 347 Russell to Sydenham. No. 200. Acknowledging despatch, marked Downing st., confidential, of June 27, respecting negotiation of provisional agree-Aug-12- ment between British and United States authorities for exercise of control within Disputed territory. Foreign Minister, concurring with views of Governor General, had instructed British Minister in that sense. Governor General instructed to co-operate with latter, p. 373 Russell to Sydenham. No. 201. Transmitting, in connection with Downing st., his despatch No. 171, letter from Commissioners of Colonial Lands Au«-13- and Emigration, making observations on address from Upper Canada Assembly, respecting disposal of Crown lands and encouragement to emigration. (Enclosure.) p. 376 Russell to Sydenham. No. 202. Transmitting several copies of Downing st., recently passed act to provide for sale of Clergy Reserves in Canada. Aug-w- p. 395 Enclosure:— An Act to provide for the sale of the Clergy Reserves in the Province of Canada, and for the distribution of the Proceeds thereof. August 7, 1840. p. 521 PUBLIC ARCHIVES G. 48 Russell to Sydenham. No. 203. Transmitting in connection with his despatch of July 7, letter from Commissioners of Colonial Lands and Emigration with reports from Emigration Agents at Liverpool, Cork and Londonderry, on allusion in Emigration Report from Quebec in 1839, as to shortage of provisions on some ships on voyage to Québec. (Four enclosures.) P- 396 Russell to Sydenham. No. 204. "I transmit to Your Lordship an Order made by Her Majesty in Council on the 10th Instant, in pursuance of the Act of the last Session of Parliament for reuniting the Provinces of Upper & Lower Canada and for the Government of Canada. Under this Order & the Act to which it refers, you will be authorized to issue a Proclamation appointing a day upon which the Union of the Provinces is to take place. You will issue that Proclamation in the capacity of Governor General of the two existing Provinces. But from the day so to be appointed, it will be necessary that you should assume the character of Governor of the Province of Canada. To this end Your Lordship will be appointed to that Office by a Com- • mission to be issued for the purpose under the Great Seal of the United Kingdom. That Commission is now in progress ; but the necessary official forms cannot, as I understand, be completed before the end of the present Month. Consequently the Commission cannot be forwarded to you until early in the month of September, nor can the arrival of it be reasonably anticipated before the month of October, The Act of Parliament authorises the postponement of the Union until the lapse of Fifteen Months from the passing of that Act. I do not anticipate that any motive will exist for so long a delay. On the contrary, I apprehend that the measure must be now ripe for execution. Still it may be fit that you should observe that there is no legal obligation to expedite the Union in such a manner as to abridge the time requisite for the completion of all preliminary arrangements, nor to impede the exercise of discretion should extraordinary circumstances make postponement necessary." At the Court at Buchingham Palace The 10th of August 1840 Present The Queen's Most Excellent Majesty Lord Chancellor Lord President Lord Privy Seal Marquis of Normanby Lord Steward Lord Chamberlain Earl of Albermarle Earl of Minto Lord John Russell Viscount Palmerston Viscount Melbourne Viscount D'uncannon Lord Holland Sir John Hobhouse Bart Mr. Chancellor of the Exchequei Mr. Macaulay. Whereas by an Act of Parliament passed in the Session of Parliament holden in the 3rd & 4th years of Her Majesty's Reign Intituled "An Act to re-unite the Provinces of Upper & Lower Canada and for the Government of Canada" it is amongst other things enacted that it shall be lawful for Her Majesty with the advice of Her Privy Council to declare or to authorise the Governor General of the said two Pro- I G. 48 REPORT FOR THE YEAR 1930 57 vinces of Upper & Lower Canada to declare by Proclamation that 1840 the said Provinces upon from & after a certain day in such Proclamation to be appointed which day shall be within fifteen Calendar Months next, after the passing of the said Act shall form & be one Province under the name of the Province of Canada & thenceforth the said Provinces shall constitute and be one Province under the name aforesaid upon from & after the day so appointed as aforesaid— And Whereas with the advice of Her Privy Council Her Majesty is pleased to grant to the said Governor General the authority in the said Act mentioned Her Majesty doth hereby with the advice of Her Privy Council and in pursuance & exercise of the powers in Her Majesty vested by the said recited Act authorize the Governor General of the said two Provinces of Upper & Lower Canada to declare by Proclamation that the said Provinces upon from & after a certain day in such Proclamation to be appointed which day shall be within fifteen Calendar Months next after the passing of the said Act shall form and be one Province under the name of the Province of Canada and the Right Honourable Lord John Russell One of Her Majesty's Principal Secretaries of State is to give the necessary directions herein accordingly. CL GREVILLE p. 419 Russell to Sydenham. No. 205. Acknowledging despatch No. 136 Downing st., of July 18, and stating that application of Commander of the Forces Aug-22- for equipment and clothing for Volunteer Force was in hands of Board of Ordnance. p. 427 Russell to Sydenham. No. 206. Acknowledging despatch of Downing st., April 20, and transmitting copies of two letters from Treasury, approv- Aug"22- ing of regulations and arrangements for relief of Commuted Pensioners. (Two enclosures.) p. 431 Enclosure:— Amended form of Interrogatives for Commuted Military Pensioners, p. 525 Russell to Sydenham. No. 207. Transmitting with reference to Downing st., Governor's despatch No. 118, copy of letter from Treasury explaining Aug23- certain discrepancies in Parliamentary Return respecting investments of revenues from Clergy Reserves in Lower Canada. (Enclosure.) p. 437 Russell to Sydenham. (Circular.) Pointing out necessity of Downing st., improving main routes of travel between Halifax and points in Can- Au-M- ada, in connection with establishment of new line of steam packets between Great Britain and Halifax. p. 441 Russell to Sydenham. No. 208. Acknowledging despatch No. Downing st., 137 of July 27, and expressing satisfaction with his proceedings in Aug- 24- Nova Scotia, and with his intention of visiting New Brunswick. Hope is expressed that his address in Halifax will be taken as showing anxiety of Government for the establishment of harmony among several classes in promoting interests of province. p. 443 Russell to Sydenham. No. 209. Transmitting, with reference to Downing st., Governor's despatch No. 109 of May 20, opinion of Law Officers asAug-25- to power of Crown to commute tenure of portion of Seigniories of Lower Canada. p. 445 PUBLIC ARCHIVES G. 48 1840 Enclosure:— Temple, Attorney and Solicitor Generals to Russell. Giving their opinion Aug- a that under Imperial Statutes 3 Geo. IV c. 119, and 6 Geo. IV. c. 59, commutation of and release from | droit et quint " and other feudal burdens and rights due to Her Majesty must take place in respect of the whole of a seigniory, and not upon part only, but that it is not necessary that any part of the seigniory should be surrendered except that which remains in hands of seigniors ungranited. p. 447 Downing st., Russell to Sydenham. No. 209^. Transmitting copy of letter Aug. 25. £rom General Commanding in Chief, on arrangements made for a successor to Sir George Arthur in Military Command in Upper Canada. p. 450 Enclosure:— Horse Guards, Lord Hill to Russell. Stating that Sir Richard Jackson had Aug. 24. Deen instructed, to send one of the Major Generals under his command to Upper Canada to enquire whether it would be necessary to continue separate command after union of provinces. When that event took place, either Major General Sir James Macdonell or Major General Clitherow would take over command from Arthur. p. 451 Downing st., Russell to Sydenham. No. 210. Stating Arthur had reported Aug. 26. ^ne uni0n of United Synod of Upper Canada with Synod of Pres byterian Church in Canada in connection with Church of Scotland, and expressing satisfaction at the intelligence. The United Synod would still be entitled to any sums they had received from Crown Revenues by usage, and such share of Clergy Reserves as might be determined by Governor and Council. p. 454 Downing st., Russell to Sydenham. No. 211. Acknowledging despatch No. Aug. 27. 134 0f juiy 3^ respecting claim of Etienne Parent for salary as Law Clerk of Lower Canada Assembly, and to be placed on same footing as other retired officers of Legislature, and stating that he was satisfied to leave matter to Governor's judgment. p. 456 Downing st., Russell to Sydenham. No. 212. Acknowledging despatch No. Aug-28- 133 of June 28. p. 458 Downing st., Russell to Sydenham. No. 212. Acknowledging despatch No. Aug. 28. 133 0f june 28, and stating that Ordinance to incorporate the Ecclesiastics of St. Sulpice at Montreal and to provide for gradual extinction of seigniorial rights within their possessions had been submitted to Law Officers, together with protests of delegates sent home to prevent its receiving Royal assent. Law Officers reported that Ordinance was within competence of Special Council, and was not a variance with principles regarding rights of private persons or corporate bodies, or with established rules of law and equity. In consequence of this opinion, Ordinance would have been submitted for Royal assent, but that Imperial Acts 2 & 3 Vict. Cap. 53 required that such an Ordinance must lie for 30 days before it could receive the Royal Assent. As Parliament was prorogued 28 days after receipt of Ordinance, this was impossible at that session. (Two enclosures.) p. 458 Downing st., Russell to Sydenham. No. 213. Stating that he had refrained "*• *" from adverting to despatch No. 107 of May 16, in expectation of further report on the question of the disposal of the Crown Lands in Lower Canada. His despatch had been referred to Commissioners G. 48 REPORT FOR THE YEAR 1930 579 of Colonial Lands and Emigration, but their report had not then 1840 been received. Opinion of Governor would have been desirable as to course to be pursued with respect to Durham's Proclamation of Oct. 31, 1838, giving squatters conditional right of preemption to lands occupied by them. On this point, instructions were issued to revoke Durham's Proclamation, and limiting to one month right of claiming preemption allowed by Proclamation. Strictly speaking, squatters setting since 1838, were excluded from benefits of Proclamation. Report desired on Durham's Proclamation of Sept. 11, 1838, directing script to be issued in favour of militia claimants redeemable in Crown Lands. p. 473 Russell to Sydenham. No. 214. Acknowledging despatch No. Downing st, 123 of June 19, and stating that Treasury had taken measures which Aug-31, were described, to remedy irregularlity in paying to Church of Scotland in Lower Canada the sum granted to the Church out of Clergy Reserves fund. p. 478 Russell to Thomson. No. 159. Acknowledging despatch marked'Downing st., private and confidential on question of future seat of Government une * and stating that in his opinion Kingston would be most desirable place for seat of Government, and for permanent meeting of Legislature. Details as to first meeting of Legislature left to Governor's discretion. p. 480 Articles of agreement concluded between Government and Samuel Cunard for Transatlantic packet service, July 4, 1839. p. 487 G. 49. (1840) Russell to Sydenham. No. 215. Acknowledging despatch No. 1840 140 of Aug. 3, and stating that further information was required from Downing st., Governor before decision could be reached respecting Michael Mar-iSept- 3' tin's claim. p. 1 Russell to Sydenham. No. 216. Acknowledging despatch No.. Downing st., 153 of Aug. 4, and conveying HM.'s appreciation of address fromSept'4' German Society of Montreal, with congratulations on her escape from attempt on her life. The address to Prince Albert had been forwarded to proper quarter. p. 4 Russell to Sydenham. (Circular.) Transmiting 12 copies of Downing st., Reports of Proceedings before Judicial Committee of Privy CouncilSept"4> on appeal cases. p. 5 Russell to Sydenham. No. 217. Acknowledging despatch No.. Downing st., 135 of July 18, with comments on statements made by Rev. R.SePt>5- Alder, in support of exclusive claim of London Wesleyan Missionary Society to money devoted to assistance of Wesleyan Methodist institutions in Upper Canada. In answer, a letter is enclosed from Rev. Mr. Stinson, President of Upper Canada Conference supporting Dr. Alder's statements, and one from Rev. W. & E. Ryerson refuting statements of Dr. Alder, and pressing claims of local Conference to consideration of Government. Colonial Secretary conceded case represented by Ryerson to be strong. Case of London Conference could not be ignored. They were induced to extend operations to Canada by expectation of Government aid, the object being to 15401-58 PUBLIC ARCHIVES G. 49 infuse British feelings and principles into colony, and to effect uniw of Wesleyan communities. His sole anxiety was that in any arrangement made, there should be no violation of Government's pledge. The | division of grant would be left in Governor's hands, with injunctit» not to overlook considerations favouring London Conference. p. 6 Enclosures:— (1) Joseph Stinson to Russell. p. 9 (2) W. & E. Ryerson to Russell, with 4 enclosures. p. 20 Russell to Sydenham. No. 218. Transmitting commissioii appointing him to be Governor of Canada, together with the Roy__t Instructions. p. 146 Russell to Sydenham. Expressing regret that Royal Inst_uctioiK were not in readiness for transmission by that mail, but stating that as Governor was already provided with Order in Council sanctioning issue of Proclamation of the Union and Royal Commission theif need be no delay. p. 147 Russell to Sydenham. No. 221. Stating, with reference to b_B despatch of Aug. 31, that Report of Commissioners for Colonial Lands and Emigration on sale of Crown Lands had been received, a_A sending a copy of it for Governor's consideration. (Enclosure.) p. 149 Russell to Sydenham. No. 222. Transmitting copy of letteë from General Commanding in Chief with instructions issued to Lieufci General Commanding in Canada for formation of Volunteer Force to be designated Royal Canadian Regiment. (Four enclosures.) p. 209 Russell to Sydenham. No. 223. Stating that Treasury reprek sented that British American Steam Navigation proposed to charge for conveyance to Great Britain of Government despatches tel, guineas per bag under four pound weight, and two guineas per pound above that weight, and requesting that whenever expedient these despatches be sent by Cunard Line via Boston and Halifax. p. 227 Russell to Sydenham. (Copy of No. 219.) TVansmitting Royal Warrant authorizing new seal for Province of Canada, and direct-» return of old seals. p. 230 Russell to Sydenham. No. 224. Acknowledging despatch No. 149 of Aug. 13, and stating that, as all papers relating to remuneraticfe of Bishop of Montreal, were carefully considered at time, there was no sufficient ground for altering decision then communicated. In order, however, that Governor might review case, there were transmitted to him Seaton's despatch with enclosure from Bishop. (Two enclosures, with notes by Murdoch.) p. 232 Russell to Sydenham. No. 225. Transmitting petition from Madame de Gaspé praying for release of her husband from prison where he was confined for debt, and requesting report. (Petition enclosed, with letter from Murdoch, Chief Secretary, to de Gaspé.) p. 253 G. 49 REPORT FOR THE YEAR 1980 581 Russell to Sydenham. No. 226. Instructing him to bring before 1840 Legislature the question of Municipal Districts for Canada, and0™1™»8*-' stating that nothing but fear of division among supporters of Union p ' Bill prevented him from pressing the municipal clauses on House of Commons. p. 260 Russell to Sydenham. No. 227. Instructing him to inform Downing st., William Donaldson of Dewittville, who petitioned Queen for grant *p*-u- of land, that it was not in power of Colonal Secretary to advise compliance with application. ' p. 263 Russell to Sydenham. No. 228. Transmitting in compliance with Downing st., request in despatch No. 152 of August 13, copy of Report of late ^p*- w- Commissioners of Enquiry on claim of Indians of Lorette to Fief of Sillery. (Enclosure.) p. 264 Russell to Sydenham. No. 229. Stating that complaint had Downing st., been received from Lt. Col. David of Chambly, of his removal from Sept-17- the Commission of the Peace, and enclosing statement from Lord Seaton of reasons for action in this matter. Lt. Col. David was to be informed that Colonial Secretary saw no reason for interfering with discretionary power exercised by Governor. (Enclosure.) p. 294 Russell to Sydenham. No. 230. Stating that letter had been Downing st., received from Rev. Angus Macdonnell, Roman Catholic Vicar General Sept-19- of Upper Canada presenting claim of Roman Catholics to assistance from Government, and requesting that report be made upon it. p. 298 Russell to Sydenham. No. 231. Transmitting letter from Downing st., Foreign Office enclosing correspondence with British Minister atSept-20- Washington on subject of arrangements in progress for settlement of North Eastern Boundary. (Four enclosures.) p. 301 Russell to Sydenham. No. 232. Transmitting Order in Council Downing st., confirming Act No. 1152 of Legislature of Upper Canada of MaySept21- 1839 (respecting Welland Canal). p.329 Russell to Sydenham. (Circular.) Transmitting, at request of Downing st., Admiralty, form on which list of vessels registered in colonies should Sept< 28> be prepared, and requesting that information desired might be furnished. (No enclosure.) p. 330 Russell to Sydenham. (Circular.) Announcing death of Princess Downing st., Augusta Sophia at Clarence House, St. James' Palace on Sept. 22. Sept> 28- p. 331 Russell to Sydenham. No. 233. Acknowledging despatch No. Downing st., 155 of Aug. 24, respecting proceedings of Col. Graham Parke in taking Sept-28- census in Madawaska Settlements under authority of State of Maine. Since Lt. Governor of New Brunswick had allowed him to commence, he could not be arrested, but Governor was authorized to make agreement either with Maine or United States Government for temporary jurisdiction over Disputed Territory, to be confided to Military force. p. 332 Russell to Sydenham. No. 234. Transmitting, for attention, Downing st., enquiry as to effects of Daniel Scullin of 4th Battalion of Incorpor- 0ot-1 ated Militia. (Enclosure.) p. 334 15401- J PUBLIC ARCHIVES G. 49 1840 Downing St., Oct. 2. Government Montreal, Dec. 19. Downing St., Russell to Sydenham. No. 235. Transmitting, with reference to Governor's despatch No. 151 of Aug. 13, copy of letter from Treasury, as to mode of paying Scotch Church of Lower Canada, their proportion of Clergy Reserve Fund. (Enclosure.) p. 337 Russell to Sydenham. (Circular.) Transmitting instructions on security required from persons in charge of offices of pecuniary trust. p. 342 Russell to Sydenham. No. 236. Notifying him that copies of the volume printed by Public Records Commissioners, entitled, "The Ancient Laws and Institutions of England" were being sent to him for distribution to institutions mentioned. p. 345 Russell to Sydenham. No. 237. Setting forth objections to two Acts of the Provincial Legislature of Upper Canada viz: Act 1238 intituled "An Act to alter and amend An Act passed in the first year of H.M.'s Reign entitled an Act to protect the Inhabitants of this Province against lawless aggressions from subjects of Foreign Countries at peace with Her Majesty", and Act No. 1261 entitled " An Act to establish a College of the name and of the style of the University at Kingston." The objection to the latter act was that the professor of theology would be supported from the funds of King's College. The implications in their relation to public opinion on question of theological colleges being assisted from Provincial funds are discussed at length. p. 347 Sydenham to Arthur. Transmitting to him extract from despatch 237 relating to Queen's College, and requesting him to communicate circumstances to Governors of College. p. 370 Opinion of Hon. R. B. Sullivan, favourable to Provincial Act, discussed in despatch No. 237 of Oct. 12, respecting theological professorship in Queen's university. p. 373 Sydenham to Russell. Extract from despatch No. 205, transmitting Sullivan's letter, which he regarded as a vindication of the grounds on which the provision respecting the Theological Professorship was introduced into Queen's University charter. p. 381 Russell to Sydenham. No. 238. Acknowledging despatch No. I 158 of Aug. 28, and stating that, on his recommendation, Treasury I had consented to leave to Governor distribution of the £1500 granted ;_ for purposes of Emigration agency in Quebec. p. 405 Russell to Sydenham. No. 239. Stating that Admiralty declined renewal of temporary half-pay applied for by Hugh Earl for services in Provincial Navy. p. 407 Russell to Sydenham. No. 240. Transmitting, with reference to Governor's despatch No. 96, answer of Treasury respecting memorial of Montreal Board of Trade praying that Montreal be made a Free Warehousing Port. p. 408 Enclosure:— Trevelyan to Stephen. Stating that, for reasons in accompanying correspondence, Treasury were of opinion that it would be inadvisable to extend privilege accorded to Port of Montreal under 3 & 4 Wm. IV. c. 59. p. 409 G. 49 REPORT FOR THE YEAR 1980 58î Enclosure:— 1840 D. Le Marchant to Robert Gordon. Stating that in absence of office of further information, the Board would not feel justified in departing of^rt^ from opinion expressed by them by letter of July 19, 1831. p. 412 Trade, Enclosure:- JulyI5- Thomas Lack to T. Spring Rice. Stating that the question of office of constituting Montreal a port for general purposes had occupied the <^>™™it*e8 Board, and they had concluded that it would be proper to place at Traje_" OT Montreal such an establishment of officers as would be sufficient to July », issi. give effect to full intention of the law, noting particularly 7 & 8 Wm. IV. c. 56 sec. 35. There was a discrimination against the inland port in favour of the port situated near the sea and beyond which foreign vessels could not pass. p. 414 Russell to Sydenham. No. 241. Transmiting for report copy Downing st., of letter from Treasury respecting mode of investing in British funds the proceeds of sale of Clergy Reserves in Upper Canada and the disposal of dividends. p. 423 Enclosure:— C. E. Trevelyan to Stephen. (Copy.) Explaining the mode of Treasury dealing with the revenues from Clergy Reserves and asking for ^^bers' advice on subject. (Enclosure.) p. 424 Russell to Sydenham. No. 242. Transmitting for report, copy Downing st., of letter from Treasury with correspondence on subject of contract °ct-20- with Wm. Weller for conveyance of despatches between Montreal and Kingston. (Six enclosures.) p. 434 Russell to Sydenham. No. 243. Acknowledging despatch No. Downing st., 154 of Aug. 15, reporting total expense of survey of Inland Navigation 0ct"■ by Col. Philpotts, and stating that Treasury had authorized payment of £1,706-9-2. p. 448 Russell to Sydenham. No. 244. Acknowledging despatch No. Downing st., 163 of Sept. 28, and stating that, in consequence of his recommenda- 0ct" ' tion, Governor of Van Diemen's Land was being authorized to grant tickets of leave to political prisoners from Upper Canada after two years hard labor on roads. p. 449 Russell to Sydenham. No. 245. Acknowledging despatch No.. Downing st., 161 of Sept. 27, and stating that HM. was much gratified to learn the result of his recent tour in Upper Canada and the improved state of feeling in both provinces. p. 452 Russell to Sydenham. No. 246. Transmitting with reference Downing st., to Governor's despatch No. 148 of Aug. 8, Report of Commissioners 0at"M" for Colonial Lands and Emigration on subject, and expressing hope that the instructions issued would interpose effectual check on evasion of provisions of Passengers Act relative to victualling of emigrants. (Seven enclosures.) p. 456 Russell to Sydenham. (Separate.) Acknowledging despatch No. Downing st., 160 of Sept. 16, and stating with reference to his expressed regret on 0ct-ii- the omission of the Municipal clauses from the Union Bill, that he shared his general opinions on subject, but that the opposition of Peel and Stanley, who were favorable to the union, made it impractical to get the clauses accepted. He was convinced that Legislature of United Province would enact a proper measure on subject. p. 491 PUBLIC ARCHIVES G. 49 1840 Downing St., Oct. 25. Foreign Office, Aug. 13. Russell to Sydenham. No. 247. Acknowledging despatch No. 162 of Sept. 27, and expressing satisfaction with terms of addresses received by Governor during tour through Eastern Townships. p. 497 Russell to Sydenham. No. 248. Stating that Arthur had reported a plan for granting 50 acres of land to such immigrants as had been unable to find employment in order to prevent them from passing over to United States. The soundness of the policy was admitted, but in his opinion, the quantity of land granted was too large. From reports from Mr. Hawke, Emigration Agent he learned that grants of 5 acres were sufficient to hold such immigrants in province, and requested that the grants in such cases should not exceed that quantity. P- 499 Russell to Sydenham. No. 249. Transmitting letter from James Comins of Niagara, late Sergeant in King's Regiment, solciting grant of land in consideration of military services. While petition for land could not be complied with, Governor was directed, if the account of services was accurate, to bestow upon applicant some petty office. (Two enclosures.) p. 505 Russell to Sydenham. No. 250. Transmitting letter from Mrs. Catherine Smith to her husband, who was in England urging his claim for further compensation for services during late disturbances, and stating that any further compensation would have to be granted from Provincial funds. If Mrs. Smith were in actual want, a small sum might be given to her. p. 514 Russell to Sydenham. No. 251. Acknowledging despatches No. 114 and No. 145 of May 26 and Aug. 4, recommending conveyance of mails between Halifax and Canada during winter months by steam vessel to and from Annapolis and Windsor. This service was put up to tender, but no offers had been received. Treasury intend making renewed efforts to obtain tenders for service. p. 523 Russell to Sydenham. No. 252. Acknowledging despatch No. 169 of Oct. 2, and expressing sincere satisfaction at evidence of appreciation of Governor's services, shown by addresses presented to him during tour through Upper Canada. p. 525 Russell to Sydenham. No. 220. Acknowledging despatch No. 121 of June 17, and transmitting copy of letter from Foreign Office respecting claim of James Crooks for indemnification by United States Government for seizure of his vessel " Lord Nelson " on Lake Ontario, previous to declaration of War. p. 529 Enclosure:— Lord Leveson to Stephen. Transmitting copy of letter from the Advocate General, to whom was referred Mr. Crooks claim, and who advised that it would not be expedient to press the claim any further on United States Government. Letter from Advocate General was enclosed. (Enclosure.) p. 531 1840 Downing St. G. 50. (1840) Russell to Sydenham. No. 253. Stating, in connection with his despatch No. 108 of April 14, that £2000 currency was authorized to be paid to Mr. McGregor for the loss of his vessel the " Thames." This was final payment. p. 1 G. 50 REPORT FOR THE YEAR 1930 Russell to Sydenham. No. 254. Transmitting petition of John Woodlands for grant of land on account of services of late father, and stating that regulations would require rejection of petition, but as case seemed a hard one, Governor was requested to have statements verified, and, if found true, to see what could be done. (Enclosure.) p. 3 Russell to Sydenham. No. 255. Stating that since sending despatch No. 237, a report had been received from Law Officers, which was enclosed, respecting charter for Queen's University. As consequences of that opinion, act sanctioning charter would be disallowed, but new charter would be prepared by Mr. Gillespie agent for trustees, omitting clause providing for theological professorship to be endowed from public funds. (Enclosure.) p. 8 Russell to Sydenham. (Confidential.) Acknowledging confidential despatch of Oct. 7, in which concurrence was expressed in principles laid down in despatch No. 187 of July 23, on which future government of Canada should be conducted. Despatch relating to communication of official correspondence to Legislature should not be laid before Legislature, without necessity. p. 24 I Russell to Sydenham. No. 256. Acknowledging despatch No. 181 of Oct. 12, respecting case of Mr. de Gaspé. Government could not interfere in his case. p. 26 Russell to Sydenham. No. 257. Acknowledging despatch No. 178 of Oct. 12, reporting on state of Crown Land offices in Upper Canada, and submitting claim of R. B. Sullivan for loss due to misconduct of subordinates. Sullivan's labors as President of Legislative Council, in distracting his attention from his duties as head of Crown Land Department, were noted. It was decided that it would be better to indemnify him by grant of money as remuneration for extra services, and instructions were issued to that effect. p. 27 Russell to Sydenham. (Circular.) Transmitting, for attention, copy of address of House of Commons, calling for Returns relative to Clergy in colonies receiving grants of public money and enclosing forms for preparing Returns. (Two enclosures.) p. 32 Russell to Sydenham. No. 258. Acknowledging despatch No. 173 of Oct. 9, respecting the means of giving effect to Act for uniting the two provinces, in which he pointed out that difficulty foreseen by Governor in the title designating his position under act was really no difficulty, and that no further measure was necessary to give him the power to carry out the provisions of the Act of Parliament and Royal Commission. p. 37 Russell to Sydenham. No. 259. Acknowledging despatch No. 175 of Oct. 9, and pointing out that his despatch of August 22, would have informed him that Reserved Bill No. 1300 for payment of sufferers by the late rebellion had been confirmed, and that Reserved Bill No. 1301 for indemnifying persons for losses by incendiaries would not be confirmed, for reasons stated. p. 49 Russell to Sydenham. No. 260. Transmitting letter from Postmaster General submitting to Treasury a tender from Mr. Cunard for mail coaches for conveyance of mails between Halifax and Pictou, and requesting report as to what assistance might be expected from Canada towards defraying expense of this service. (To this despatch is appended a note from T. A. Stayner suggesting that question should be referred to Post Office Commission.) p. 52 1840 Downing St. Nov. 3. ^ PUBLIC ARCHIVES G. 50 Russell to Sydenham. No. 261. Transmitting, for attention, communication from French Consul General, respecting certahS Frenchmen who emigrated to Canada and were supposed to have died there. (Enclosure.) P- 60 Russell to Sydenham. No. 262. Transmitting, in connection with his despatch No. 246 of Oct. 24, copy of Report of Commissioners of Colonial Lands and Emigration on further violations of Passenger's Acts, and directing attention to suggestion that masters of vessels, guilty of violations, should be prosecuted. (Six Enclosures.) p. 63 Russell to Sydenham. No. 263. Transmitting, for attention, communication enquiring as to property supposed to have been left in Canada by Patrick Delmour. • (Enclosure.) p. 106 Russell to Sydenham. No. 264. Transmitting, with request for report, letter from Lord Seaton respecting David Chisholme, dismissed by Lord Gosford from offices of Clerk of the Peace, and Coroner for district of Three Rivers. (Four enclosures.) p. 110 Russell to Sydenham, princess, to Queen. (Circular.) Announcing the birth of & p. 125 Russell to Sydenham. No. 265. Stating, with reference to Governor's despatch No. 186 of Oct. 23, that Mr. Shiel had been nominated to permanent clerkship in Commissariat. p. 126 Russell to Sydenham. No. 266. Acknowledging despatch No. 166 of Oct. 1, and stating that, as Col. Wyndham renounced liability! for sum paid in relieving certain immigrants sent out by him, Treasury; had consented to withdrawal of amount from £5000 allotted for that purpose. p. 127 Russell to Sydenham. No. 267. Stating letter had been received from R. Gillespie with communication from correspondent in Montreal, respecting admission into Great Britain, free of duty, of Canadian wheat, flour and other agricultural produce; and requesting that subject receive consideration. (Two enclosures.) p. 129 Sydenham to Russell. Autograph draft of reply to despatch No. 267. p. 137 Russell to Sydenham. No. 268. Acknowledging despatch No. 171 of Oct. 6, and enclosing letter from Treasury expressing opinion that amount paid for furniture bought for Earl of Durham from Military Chest should be repaid from Provincial funds. (Enclosure.) p. 139 Russell to Sydenham. No. 269. Transmitting reply of Treasury to despatch No. 141 of August 4, on subject of advance of £5000 from Military Chest for relief of indigent immigrants. (Enclosure.) p. 143 Russell to Sydenham. No. 270. Stating, in connection with earlier correspondence on subject, that at solicitation of Rev. Dr. Cook and Mr. Rintoul he had decided to postpone recommendation that Act respecting charter of Queen's University be disallowed until Royal charter had been issued. After that event, Provincial Legislature would be competent to pass act on subject. There was no objection to establishment of theological professorship, so long as no portion of King's College endowment should be diverted to that object, p. 147 G. 50 REPORT FOR THE YEAR 1980 1840 Downing St. Dec. 8. Russell to Sydenham. (Circular.) Transmitting copy of certain regulations drawn up by Treasury respecting casual expenses for Ordnance service in colonies. (Enclosure.) p. 150 Russell to Sydenham. No. 271. Acknowledging despatch No. 191 Downing st., of Nov. 10, and stating that he was unable to promise grants of land Dec*12' without concurrence of Provincial Legislature, but any plan for purpose of Military Settlements receiving assent of Legislature would have his best consideration. p. 155 Russell to Sydenham. No. 272. Acknowledging despatch No. 196 Downing st., of Nov. 23, with communications from Lt. Governor of New Bruns- Dec-19- wick respecting aggressions of Americans in Madawaska Settlement, and expressing approval of measures to check those aggressions, which were to increase military force in district of Rivière du Loup and Temiscouata sufficiently to advance 120 or 130 men to Madawaska Settlement. Two blockhouses recommended by Lt. Governor were sanctioned. p. 157 Russell to Sydenham. No. 273. Stating, with reference to des- Downing st., patch No. 187 of Oct. 26, that leave of absence had been granted to Dec-20, Mr. Wray, a clerk in the Customs at Montreal. p. 159 Russell to Sydenham. (Circular.) Transmitting copy of Return Downing st., presented to Parliament as to quantity of Crown Lands disposed of in Dec- 21, colonies since Jan. 1, 1831, and requesting that amended returns be prepared with all speed possible. p. 162 Enclosure:— Return mentioned. p. 241 Russell to Sydenham. No. 274. Transmitting, with reference to Downing st., Governor's despatch No. 159 of Sept. 11, copy of report with enclosures Dec' ' from Commissioners of Colonial Lands and Emigration on complaints preferred by passengers on the "Astrea" and "Westmorland." (Seven enclosures.) p. 165 Russell to Sydenham. (Circular.) Transmitting, in connection Downing st., with circular of. August 24 on question of improving main routes of Dec# * communication in consequence of new line of steam packets between Great Britain and Halifax, a copy of letter from Treasury with enclosures from General Post Office on same subject. Governor was enjoined to bring subject at earliest opportunity before Legislature. (Three enclosures, including letter from Deputy Postmaster General of British North America.) p. 197 Russell to Sydenham. No. 275. Transmitting petition from Em- Downing st., manuel Firmin praying for mitigation of term of banishment from Dec. 28. Lower Canada for felony, and requesting report. (Enclosure.) p. 209 Russell to Sydenham. No. 276. Transmitting in connection with Downing st., his despatch No. 272 of Dec. 19, on subject of encroachments of Deo-30- Americans on Madawaska Settlement as reported by Governor's despatch No. 196, a copy of a letter from Foreign Office, communicating opinion of Lord Palmerston, that a firm and practical assertion of rights would be more likely to assist than impede a settlement on basis satisfactory to Great Britain. (Enclosure.) p. 216 Russell to Sydenham. No. 277. Acknowledging despatch No. 176 Downing st., of Oct. 9, and stating that Admiralty had ordered preparations for Dec._o. building steam vessel for Lake Erie and that another had been decided upon for Lake Ontario. p. 221 Crown Lands Quebec, March 29, 1841. PUBLIC ARCHIVES G. 50 S. Bouthillier to Murdoch, Chief Secretary. Transmitting amended return to address of House of Commons calling for information respecting Crown Lands sold or granted in Lower Canada, since Jan. 1, 1831. (Enclosure.) p. 228 1841 Downing St. : Treasury Chambers, Jan. 7. G. 51. (1841) Russell to Sydenham. No. 280. Transmitting, with reference to 182 of Oct. 19, respecting salary of Mr. Dowling, Legal Adviser, and enclosing correspondence with Treasury on subject. (Two enclosures.) p. I Russell of Sydenham. No. 280. Transmitting, with reference to Governor's despatch No. 177 of Oct. 10, letter .from Treasury, respecting winter arrangements for Halifax mails. p. 7 Enclosure:— C. E. Trevelyan to Stephen. Stating that questions raised by Sydenham, respecting date of close of navigation on St. Lawrence, and employment of second steamer between Quebec and Pictou would be referred to Admiralty, but that expense of second steamer could not be borne by Great Britain. p. 8 Russell to Sydenham. No. 281. Transmitting with reference to Governor's report No. 179 of Oct. 12, letter from Admiralty, representing difficulty experienced in obtaining from Canadian forests masts for Royal Navy, while foreign states appear to derive supplies from same source; and requesting report. (Enclosure.) p. 11 Russell to Sydenham. No. 282. Stating, with reference to Governor's despatch No. 129 of June 27, relating to financial condition of Upper and Lower Canada, that he wrote to Treasury a letter, copy of which was enclosed, and that Treasury replied that they could take no steps towards granting financial assistance to Canadas, until they were in possession of report promised with reference to peculiar debt of Upper Canada. Report requested at early date. (Enclosure.) p. 15 Russell to Sydenham. No. 283. Transmitting, in connection with his despatch No. 274 of Dec. 22, further enclosures from Commissioners of Colonial Lands and Emigration, respecting complaints of emigrants in ships "Astrea" and "Westmorland". (Enclosure.) p. 27 Russell to Sydenham. No. 284. Transmitting copy of despatch received from Governor of Newfoundland, and suggestions from General Miller, respecting formation of Military Settlement. (Enclosures.) p. 33 Russell to Sydenham. No. 285. Transmitting copy of letter from Foreign Office with note from United States Minister complaining of outrage said to have been committed previous autumn on party of American citizens at Chippewa by some Negro soldiers stationed there; and requesting full report of circumstances. (Three enclosures.) p. 44 Russell to Sydenham. No. 286. Respecting application of Hugh Earl for renewal of temporary half pay for services in Provincial Navy. (Two enclosures.) p. 82 G. 51 REPORT FOR THE YEAR 1980 Russell to Sydenham. (Circular.) Transmitting forms for record of particulars of vessels, adjudicated upon in Courts of Vice Admiralty. (Enclosures.) p. 97 Russell to Sydenham. No. 287. Transmitting, for delivery to person authorized to receive, certain papers attached to memorial of Mrs. Grant of Lachine. p. 100 Russell to Sydenham. (Confidential.) Stating that the Government, having before them the Governor's confidential despatch of Dec. 28, and the despatch of the Lt. Governor of New Brunswick, No. 88 of Dec. 21, relating to movement of troops into Madawaska Settlement, had resolved to advise HM. to recall Lt. Governor Sir John Harvey. p. 101 Enclosure:— Russell to Harvey. (Copy.) Reciting the several errors of judgment in the dealings of Harvey with the difficult question of the protection of British interests in the Madawaska Settlement, and informing him that he was being recalled. p. 103 Russell to Sydenham. No. 288. Transmitting for consideration, copy of a letter from Thomas Morgan, containing suggestions for settlement, of Boundary Question between Great Britain and United States. (Enclosure.) p. 130 Russell to Sydenham. No. 289. Stating that Treasury was enquiring as to whether the sums of £100 paid to Hon. C. Gore in May 1839, and of £14-11-8 to B. Daly for special services had been applied to objects connected with military operations in Canada. Report desired. p. 135 Russell to Sydenham. (Circular.) Transmitting extract from letter from Treasury as to manner of appointing Admeasurers of Shipping. p. 138 Russell to Sydenham. No. 291. Transmitting, for report, copy of letter from Treasury, requiring explanation of expenditure of £2,056-16-3, apparently incurred for purchase of land and erection of barracks at Windsor, U.C. (Enclosure.) p. 141 Russell to Sydenham. No. 292. Advising of investment of £5,000 with other trust moneys belonging to Clergy Reserve Fund of Lower Canada. p. 145 Russell to Sydenham. (Private & confidential.) Acknowledging confidential despatch of Dec. 26, with letter from Chief Justice of Lower Canada expressing his doubt as to correct interpretation of 45th and 46th clauses of Act for re-uniting the provinces of Upper and Lower Canada, and stating Law Officers, who were consulted were of opinion that there was no foundation for doubt of Chief Justice. They state that in their opinion "the Ordinances of the Governor and Special Council of Lower Canada are Acts of the Legislature of Lower Canada within the meaning of the 45th and 46th Section of 3 & 4 Vict. c. 35". (Enclosure.) p. 146 Russell to Sydenham. No. 293. Transmitting for consideration and report, copy of letter from Rev. Dr. Alder containing remarks on letter from Rev. Messrs Ryerson of Aug. 20, 1840. Settlement as to claims on annual grant of £700 was left with Governor, with injunction that Government might not be left open to charge of a violation of the faith of the Crown. (Enclosure.) p. 155 1841 Downing St., Jan. 18. PUBLIC ARCHIVES G. 51 1841 Downing St., Jan. 29. Russell to Sydenham. No. 294. Transmitting correspondence from Treasury, respecting continued employment of Superintendents of Indian Department at Amherstburg, Brantford and Colborne, and requesting explanation of these appointments. The Parliamentary Estimate for Indian Department was enclosed, with request that it might be revised. (Two enclosures.) p. 380 Russell to Sydenham. No. 295. Transmitting extract from Report made by Engineer Commission in 1825 on the military defences of British North America, and inviting particular attention to settlement by loyal and well behaved people of tract between St. John river and St. Lawrence. (Enclosure.) p. 399 Russell to Sydenham. No. 296. Stating, with references to his despatches No. 89 of June 22, to Arthur, and No. 158 to Governor, that Treasury had sanctioned the continuance of presents to such Indians, who visited Upper Canada from United States annually, on condition that they became residents within British territory. p. 403 Russell to Sydenham. No. 297. Stating he had received Arthur's despatch No. 89 of Dec. 19, with protest from Synod of Presbyterian Church of Canada in connection with Church of Scotland against division of Clergy Reserves by Imperial Parliament previous session, and requesting that they be informed that question could not be re-opened. As to allegation that Government was misled by inaccurate information, the difficulty of obtaining unimpeachable information on almost any subject involving statistics was nearly insuperable, and Arthur had given assurance that what the Government had relied upon, was as safe as could be found. p. 410 Russell to Sydenham. Transmitting memorial from Rev. D. E. Blake respecting his salary, and requesting that subject be investigated, and report upon it made. (Enclosure.) p. 414 Russell to Sydenham. No. 299. Transmitting, in connection with his despatch No. 280 of Jan. 9, copy of letter from Treasury, with communication from Admiralty, to the effect that it would be inexpedient to depart from existing arrangements as regarded navigation on St. Lawrence, and the steam service between Pictou and Quebec. (Two enclosures.) p. 422 Russell to Sydenham. No. 301. Stating that Treasury, having considered Governor's despatch No. 199 of Dec. 1, had consented to pay for expense of conveying despatches between Kingston and Toronto but were of opinion that local Government should establish Post Office arrangements on all main lines of communications, and that Imperial Government would contribute their share in expense in shape of postage from several departments. Report requested. p. 427 Russell to Sydenham. No. 302. Stating that, having considered memorial of Mr. T. W. Willan forwarded in despatch No. 119 of June 15, with earlier correspondence relating to his resignation from office of Law Clerk to Assembly of Lower Canada, the prayer of memorialist for compensation for loss of income could not properly be complied with. p. 430 G. 51 REPORT FOR THE YEAR 1980 Russell to Sydenham. No. 304. Transmitting, for inquiry and report, correspondence relative to proposed extension of licence of D occupation held by Henry John Caldwell of part of Military Reserve ' at Grand Falls on St. John River. (Seven enclosures.) p. 436 Russell to Sydenham. No. 305. Acknowledging despatch No. d 178 of Oct. 12, respecting claim for compensation presented by R. B. Fl Sullivan for losses due to misconduct of officers in Crown Lands and Surveyor General's departments; and authorizing payment from Casual and Territorial Revenue, of sum equivalent to salary he would receive at rate of £500 a year from time of his assuming office of President of Council.' p. 454 Russell to Sydenham. No. 306. Acknowledging despatch No. d 206 of Dec. 21, and enclosing Order in Council disallowing Canada Fl Marine Insurance Ordinance (No. 53) for reasons explained in despatch No. 74 of Feb. 8, 1840. The other six Ordinances Nos. 57, 62, 66, 69, 106, and 112, would be allowed to remain in force until new Government was established. p. 457 Russell to Sydenham. No. 306£. Respecting disposition of d money from effects of Daniel Scullin. p. 460 F' Russell to Sydenham. No. 307. Stating, for guidance of Angli- d can Bishops, that Orders in Council had issued that, in all prayers, F litanies, and collects for Royal Family, the words "the Prince Albert" be inserted after the words "Adelaide the Queen Dowager". p. 461 Russell to Sydenham. No. 308. Stating, in connection with his D despatch No. 277 of Dec. 30, that orders had issued for building of F two steam vessels for HM.'s service on Lakes Erie and Ontario to be called "Mohawk" and "Cherokee". p. 463 Russell to Sydenham. No. 309. Transmitting for report appli- r cation from Capt. Pringle for remuneration for services rendered to Government in Canada. (Four Enclosures.) p. 464 Russell to Sydenham. No. 310. Stating that Queen had received E very graciously, congratulatory address from citizens of Toronto on | birth of Princess Royal, forwarded in Arthur's despatch No. 92 of Jan. 23. p. 475 Russell to Sydenham. (Circular.) Transmitting regulations r respecting expenditure for liberated Africans and captured negroes. r p. 477 Enclosure:— Regulations. p. 505 Russell to Sydenham. No. 311. Acknowledging despatch No. r 228 of Jan. 28, and stating that addresses from St. George's Society * of Quebec on birth of Princess Royal, had been received very graciously by Queen. p. 478 Russell to Sydenham. No. 312. Acknowledging despatch No. i 205 of Dec. 19, and stating that, after mature consideration, it was I adjudged inexpedient to disallow Upper Canada Act entitled "An Act to alter and amend an Act passed in the first year of HM.'s Reign entitled an Act to protect the Inhabitants of this Province against lawless aggressions from subjects of Foreign Countries at Peace with Her Majesty". p. 480 PUBLIC ARCHIVES G. 51 Russell to Sydenham. No. 313. Transmitting account from Stationery Office for supplies for Lower Canada for 1840. (Two enclosures.) p. 483 Russell to Sydenham. No. 314. Transmitting for consideration and report, copy of letter from Alexander Dorval on subject of waste committed on Crown timber. (Enclosure.) p. 488 Russell to Sydenham. No. 315. Acknowledging despatch No. 215 of Jan. 15, and stating that he had informed W. T. Smith that he had no grounds for claiming compensation from Government, p. 498 Russell to Sydenham. No. 316. Transmitting answer of Prince Albert to address of St. George's Society of Quebec on birth of Princess Royal. p. 500 Russell to Sydenham. No. 317. Acknowledging despatch No. 225 of Jan. 27, and expressing approval of Governor's action respecting Disputed Territory between New Brunswick and Maine. p. 501 Russell to Sydenham. No. 300. Acknowledging despatch No. 198 of Nov. 30, and stating that Queen's Advocate reported that he saw nothing in papers to induce him to depart from former opinion on claim of James Crooks for assistance in obtaining compensation for loss of vessel "Lord Nelson" seized by Americans at commencement of War in 1812. p. 503 INDEX Abbot. Petition against reduction in salary as missionary, 395. Abbotsford. Maintenance subscription, 282. Isle de Aberdeen, Earl of. Restrictions on British trade by US., 176; government will not sanction more land companies in Canada, 318; becomes Col. Sec'y, 318; mode to be employed by Governors of Colonies in drawing bills on Treasury, 318; reasons government not approving more land companies in Canada, 318; salary of Mr. Chisholme, Clerk of Peace, Three Rivers district, 318; observations on 12 bills, submitted for Royal Assent, 1834, 319; practise and fees of Vice-Admiralty Court, 319; Commissioner of Crown Lands to continue to supervise sale of Clergy Reserves; disapproves endowment of rectories and support of clergy out of proceeds of Clergy Reserve sales, 324; refuses salary in addition to fees for Dominic Daly, Provincial Secretary, 324; transmits lists of despatches, 324, 326, 330; cannot offer more favourable terms than already granted to Simon Fraser by Mr. Stanley for land resumed by Crown, 325; Captain Cox not to be indemnified for loss of an island granted his grandfather, Col. Cox, which was forfeited, 325; decision against granting Mr. W. S. Lennon land cannot be altered, 325; regrets to judges that, owing to failure to settle Provincial finances, nothing could be done, 325; requests that officers claim to retiring allowance be accompanied by account of services, 325; requests War Office be informed of appointments and promotions of Half-pay officers to civil situations, 325; I states grounds for suspending confirmation of two Provincial Acts, 325; to pay account for stationery into military chest, 325; advises Governors of McGill College to address petition to the King, praying for change of charter, 326; copies of two petitions from inhabitants of Gaspé, presented by Mr. James Crawford, 326; regrets dissension and excitement at Quebec, productive of Constitutional Association, 326; regrets Government has no means of meeting claim of Mr. Ryland, Treasurer of Jesuits Estates for retiring allowance, 326; rent due by Sir John Caldwell for seigniory of Lauzon— Assembly to have application of whatever can be recovered, 326; announces appoint ment Royal Commissioner to investigate grievances of Lower Canada, 327; confirms appointment of Samuel Gale as judge, 329; statement of emoluments received by Lt.-Col. George Augustus Elliot, as arbitrator on Rideau Canal, 329; acknowledges address from inhabitants of Three Rivers, 330; appointment of a person to fill vacancies on bench caused by Judge Kerr's removal, 330; concerns execution of sentences of transportation in colonies pronounced by civil or military tribunals, 330; copy of letter from J. W. Brydone, surgeon of Royal Navy, complaining of Quarantine Regulations, 330; encloses Additional Instruction cancelling that part of Governor's Instructions which conflicted with Commission of Governor, 330; no more land companies to be sanctioned in Canada, 330; papers re dispute between Crown and Messrs. Chandler and Lozeau, about portion of land in Seigniory of Nicolet, 330; requests certificate of burial of Pierre Levallée and his wife, 330; Earl Amherst appointed Governor General of Upper and Lower Canada, 331; instructs that pension due Thomas Amyot be made a first charge on Crown revenues, 331; Papineau elected Speaker of Assembly, 331; petition from Assembly to House of Commons concerning Quarantine Regulations of Montreal, 331; resignation as Colonial Secretary, 331; warrant for appointment of Panet as Judge, Court of King's Bench, 331; copies of corr'ce. with B.A. Land Company, 332; despatch to Aylmer re Kerr, 370 ; expenses of Amherst's special mission to Canada, Accountants. Duties of public, 15. Act. Land Tenure, 1829, 214; regulating trade, 216; civil Government expenses, 236; proposed re clergy reserves, 246. Acts. Distribution of, 200; sanctioned 1831, 227; confirmed and rejected, 279; provincial, L. C, no acts passed in 1833 disallowed, 352; renewing of certain, 398. Adams, Samuel. Property on Allumette Island, 470. Adams, W. D. Agent in U.C., 28; instructions re St. John's Church, 61. Adelaide, Queen Dowager. Name of in prayers, 591. 8872—39 594 1NL> Admiralty. Re R. St. Lawrence, 33, 38; Court of Vice-Admiralty to dispose of money seized on American vessels, 34; Capt. Dobb's request, 6, 43 ; judge of, and King's Bench, 81; orders surveys of new boundaries, 90; salary of Admiralty Court Judge, 296; letter from re steam vessels on lakes, 511; commission for trial of offences within jurisdiction of, 515. 519; opinion re size of steam vessel for Governor General, 551; letter re E. H. Chapman's contract for masts, 559; re Brockelbank and Rott cutting mast-timber on Crown Lands, 563; ill- treatment of British fishermen on Labrador Coast referred to. 566; list of registered vessels requested for, 581 ; steam vessel for Lake Erie ordered by, 587; difficulty obtaining masts for Royal Navy, 588; steam service between Pictou and Quebec, 590. Advocate General. Salary authorized, 94, 107, 120; office of, not necessary, 185; opinion of, re Curtis claim for seizure of "Lord Nelson," 584. Advocates. May not receive direct appt. from Crown to Ex.-Council, 427. Africans. Regulations re expenditure for liberated, 591. Agent, Colonial. Appointment of, 210; provision for retiring Colonial, 210. Agnew. Quarter Master, widow petitions for land, 211. Agriculture. Importation of food-stuff from U.S., 50; societies, 72; encouragement of, 84, 88, 98, 201, 228, 359; society of Quebec, ■hemp, cultivation of, 95; to be encouraged among Indians, 166; abuses, 201; money •to encourage, 202; improvement, 228 ; societies would establish, bodies through province, having right of deliberation on subjects of agriculture, 325 ; act for relief of Inhabitants in distress from failure of crops, 335; act to enable certain parishes to assist others in distress, to procure seed, 335; book on, by W. Evans, 397; distress due to crop failure, 405; implements to be given Indians, 480; Indian School & Farm of P. Christie, 481; instruction should be given Indians, 481; Indian lands not cultivated Indians can be moved elsewhere, 482 ; appropriation of money for encouragement allowed, 488; rice grown at Toomlah sent for experiment in Canada, 493. Aides-de-camp. Salaries of officers as, 356. Ainslie. Appointed Clerk of the Crown, L.C, 66. Albermarle, Earl of. Present with the Queen in Council, Aug. 10, 1840, at Buckingham Palace, 576. Alcock. Succeeds Elmsley as Chief Justice, 8. Alder, Rev. R. Statement re annual grant to Wesleyan Missionary Society, 566; com ments of Governor on statements re ex. in effort to settle difficulties there, 564; addresses to and replies of to be recorded in Colonial Secy's. Archives, 567; most public and unreserved communication between Legislature and, 572; remonstrance re arms and clothing for troops by, 573; new commission for must be issued before Union can take effect, 573; need of revision of terms of Commission and Instructions, 574; authority to issue Union Proclamation given to, 577; Royal Instructions not ready for transmission with Commission to, 580; distribution of grant for emigration in Quebec, 582; addresses received on tour of Eastern Tps. by, 584; appreciative addresses presented on tour of UG. to, 584; no disability for in designation of title in Act of Union, 585; to settle claims on annual grant to Wesleyan bodies. 589; approval of action re Disputed Territory, N.B. and Maine, 592. Graham, John. Brings immigrants to Canada, Grain. Loan of seed, to the poor, 12, seed, to parishes in distress, 69. Grainger, • Wm. Brings immigrants to Can- Grand Brule. Insurgents collected, dispersed, 451. Grand Falls. Communication route, 205; re licence of occupation of part of Military Reserve at, 591. Grand Isle. Saint John R, letter re, 536. Grand River. Indian settlements on, 19. Grand Voyers. Salary of, 198, 201. Grant, Mrs. Papers attached to memorial , 589. Gra Reports Grant, C. Succeeds. Aberdeen as Col. Sec'y, 331; payment to B. A. Land Co, 332; privileges to Danish vessels, 332; dissensions between Ex. Gov't, and Assembly, 332. Grant, John. Political convict arrived at Liverpool, 106. Grant, W. C Leave renewed, 67. Great Britain. Convention with Austria to remove certain duties in Dominions, 360; outrage committed by US. schooner on vessel of, 489; steam communication with, 518; financial aid from, 532; Legislature should mature policy for encouraging immigration from, 568; new line of steam packets to Halifax, from, 577. "GS. Weeks." (US. schooner) seized by Customs officers, Brockville, 538. "Great Western." Arrival at Bristol with despatches, 515. Grèce, Charles P. Land grant to, 6, 71; leaves for Canada re hemp culture, 11; claim considered, 32; decision on claim, 33. Grèce, Henry. Compensation for land taken for Grenville Canal, 175. Grèce, John W. Compensation for land taken for public purposes, 105. Green, Clerk of the Crown. Death of, 274. Green, Charles. Hardships emigrant passengers, 298. Gregory & Co. Permitted to import spirits into N.S, 3. Grenville, W. W. Importation of flour, etc, from US. in British ships, 4; re settlement in Kentucky, 4; approves Dorchester's mode of dealing with Count ™ Moustier's application, 4; O.C. allowing importation of certain articles into Nfld, 4; Convention between Gt. Britain and Spain, 4; Convention for preservation of peace on N.W. coast of N. America, and re fisheries on Pacific Ocean, 4; transmits note from French Consul General, Venetian Islands, 4. Grenville, U.C., Township. Inhabitants send address to King, 312; Township of, to be constituted a County, 536. Greville, C Sends J. W. Grece's petition, 105; O.C. of 10 August, 1840, signed by, Grey, Col. Successful mission to Washington, 477, 478. Grey, Sir George. Re property of two men named Haas, 333; enquiries for W. Brophy, 349; memorial from widow Harrison re land, 351 ; re grants to churches by Gov't, 411; obligation to assist Scottish churches, 412; refusing demand of B. A. Land Co. for Gov't, surveys, 429; introducing Mathieson to present claims of Scottish Church, 431; explains apparent discrimination in favour of Anglican clergy, 431, 437; proceeds from B. A. Land Co. not available to church, 431; power of Imp'l. Parliament to intervene in Clergy Reserves question, 434, 436; invites Morris to Colonial Office, 435; difficulties of meeting requirements of church for funds, 436; S. P. G. offer re grant for clergy cannot be accepted, 437; financial transactions of L.C, 459; memorial re political affairs in Nfld, 488. Griffith, Lt. Col. L'Assomption militia petition from pensioners, 370. Grosse Isle. Inconveniences from quarantine regulations, 351; Medical Sup't. re quarantine of bark "Helen," 359; arrival of emigrants from Col. Wvndham's estates, 547. Guelph. Rev. Campbell's statement re Anglican church in district of, 437. Gugy, C. A, late Lieut. Canadian Fencibles. Remission of purchase money on land, 313. Gugy, Sheriff of Montreal. Charges against, sustained, 393. Guillet. To succeed Chisholme, 405. Guire. Road to Seigniory of de, 200. Gun Powder. Exported, 27; accidents in landing, 78; ordinance re seizure of, 555. Guy, Lieut. Proposed promotion, 442. Guy, Lewis. App'td. to Leg. Council, 188. Gypsum, trade, 26. Haas. Information re two men named, 333. Corpus. Writs of, 37; power to issue writs of, 78; suspension of Act, 458, 463, 491, 513; opinion of Law Officers on issue of Writ of, 507-8; condition of Province rendered unnecessary renewal of Ordinance for suspension of, 569. Hagerman, C Approval of app't. to succeed Sherwood of, 561. Hague, The. Treaty of, 4. Hale, Jeffery. Arrangement to act as Receiver General, merely temporary, 513; date of app't. of as Rec'r. Gen'l, 559. Hale, Hon. John. Appt'd. to Ex. Council, 90; app'td. Rec'r. Gen'l, 148; arrears of salary, 150, 151; resigns from Ex. Council, 156; security to be required of, 184; to forward bond in duplicate, 199; to forward bond, 281; payment by of fees on demise of Crown, 494; death of, position to be left vacant for present, 513. Halifax, N_5. Mail service between England and, 4, 18; acc'ts of Sir G. Prévost, Govr. N.S, 28; increased salary of postmr, 32; Mitchell, UJ3. agent at, 35 ; distribution of mail to U.S, 134; trade intercourse, 228; reinforcements for, 445; 93rd Regt. moved to Quebec from, 485; Prescott could apply for troops to Campbell at, 488; postal communication with Quebec should be improved, 490; re best postal route between Quebec and, 518; Cunard steamers to ply only monthly from Nov. to Feb. to and from, 567, 588; hopes for good results from Sydenham's address at, 577; new line of steam packets from Gt. Britain to, 577; need of improving main routes of travel to points in Canada from, 577; mail service from Britain on Cunard Line via Boston and, 580; conveyance of mails between Pictou and, 585. Hall, Francis. Requests returns of Indian Dep't. for 1811, 1816, 53; payment for Secret Service, 504; advances from Military Chest, 520; expenses of voyage to Canada to become Mily. Secy, 538; official positions and emoluments of, 555. Hall, Wm. Bridges over St. François and Etchemin, 84. Halliday, John. School teacher, 42. Hamel, Andrew R. Appt'd Advocate General, 274. Hamel, Jean. Affidavit re HJ3. Co. attack, 72. Hamilton, Duke of. Land grants to 35 families sent by, 207; settlers from Isle of Arran, 278. Hamilton, UG. Meeting re " Responsible I Govt," 539. Hanover. Intention of VS. to apply for Sovereign of House of, 2; alterations in Arms of, 54; ships engage in Br. Col. Trade, 127, 132; Duke of Cumberland receives German dominions of late King of England, 426; suspension of Habeas Corpus Act after accession of, 491. Hare, Charles. Letter re canal between Fundy Bay and St. Lawrence, 538. Appt'd Lt. Govr, Ber- Hamilton, Bermuda. Exiles landed at, 487. Hamilton, Henry, muda, 1. Harrison, George. Pension for widow St. Luc, 20; goods sent Indian Store Houses of U. and LG, 30; bonds entered into by Campbell and Grèce, 33; U.S. property captured on foreign stations, 35; requests nature of civil expenditures requiring such large advances, 35; 10% deduction made on salaries over £1,000, 57; Quebec merchants complain of customs business, 62; proposes Legislature and Treasury share Lachine Canal expense, 63; permit to J. van de Sluys to settle in Canada, 64; acknowledges despatch, 64; emigrants from Perthshire, 64; rum cargoes exempt^ from duty, 89; circulation of silver and ' coins in Colonies, 103. Harrison, S. B. Report to, by Lieut. C. Rubridge re settlers from Ireland, 547; report on Welland Canal, 551. Hart, A. W. Father of, barred from serving on Special Council, 552. Hart, Benjamin. Discrimination against on account of being a Jew, 552. Hart, S. B. Petition of, 216. Harvest. Failure in Lotbinière district, 202. Harvey, Sir John, Col. Appt'd. Lt. Gov'r. P.EX, 356; appointed Lieut. Govr. NJB, 404; cordial spirit shown by, 477; information from desired, re effect of division of disputed territory on Maine Boundary, security of communication between N.B. and Canada; explanation of the meaning free navigation R. St. John; effect on N.B. timber trade, 516; troops for Madawaska Settlement, 516; errors of judgment re Madawaska dispute; recall of, as Lt. Gov. NJB, 589. Harwood, Mrs. and sisters, grandaughters of de Lotbinière. Claim to land refused, 441. Hastey, late John. Information asked re, 270. " Hastings," H.MS. Lord Durham to embark Hawke. Emigration Agent. Land grants to unemployed immigrants recommended by, 584. Hawkesbury, Robert. Sec'y. of State. Issue of Letters of Marque and Commissions, 14; Denmark has declared war against Gt. Britain, 14; transmits Gazette with instructions containing O.C, 14. Hay, R. W. Addt'l Under Secy, of State, 104; re Wilson's land used by Govr, 138; rec'd Hertslet's Treaties and Conventions, 139; land to h-p. officers, 150; pension for veteran Simpson, 161; settlers from Comrie, 153; questionnaire from Royal College of Physicians, 154; list of emigrants from St. Fillans, 154; payments for despatch messenger, 157, 163, 198, 207, 307, 326; immigrants from Duke of Hamilton's estate, 159; payment of despatch messenger, 163; pages of despatches, etc, to be numbered, 163; Osgood and education of Indians, 168; asks Christian name of Judge Rolland, 170; Cornet Mahon settling in Canada, 170; absence of certificates for convict transportation, 170; Maj. Rains settling in Canada, 171; requests land for Comm'dr Julyan, R.N, 172; Br. officers coming to Canada as settlers, 173; transportation of convict Belrose to Bermuda, 173; Capt. Macdonald to settle in Canada, 175; land for J. McLean on Ottawa R, 175; letter from Lack approving opening of Trade between US. and WX' Colonies, 181; security required of Hale as Rec'r. Gen'l, 184 ; renewed commissions for Judicial Estafot, 186; transmits "Act to make more effectual provision for the Govt, of Quebec Province," 186; re app't. of Prov'l. Agent, 198 ; re Ensign Austin to settle in Canada, 199 ; memo, on Ex. Council, 203; Lt. Carthew permitted to settle in B.N.A., 204; receives despatch on boundary decision, 204; Conveyance of Property Bill, 207; Lt. Col. McKay's expenses, 210; introducing Ferguson, 210; Acts of Imp'l. Parliament for Att'y. Genl, 210; Lt. Col. John Maxwell, 212; postal system complaint, 212; recommending Tierney, Customs officer, 212; advance salary paid Bouchette, 212; church bell Caughnawaga, 214; distribution emigrants in colonies, 215; memorial re Rev. Dr. Mills, 215; salary to Mills, 215; Grenville Canal, 215; commuted pensioners, 215; memorial, Duke of Hamilton, 217; request of R. Dofobie, 226; free grant to Macpher- son, settling in Canada, 227; re Rev. A. F. Atkinson, 231; re cases of books, 231; re grant to Sargeant, 238; Abbotsford subscription, 282; Petworth emigrants, 290; information wanted re Maisenhôlder brothers, 290; frauds on emigrants, 291; no land to Sedley, 291; purchase of land by Spong, 291; requisition for Indian presents, 291, 330; application by Ward 'X 637 to exchange land, 292; emigrant passengers' hardships, 298; re property of Mai- senhoelder, 298; Gethings applies for land, 299; enquiry re John Clifton, 299; transmits Blue Book, 300; widow McKay's pension, 302; declined Gething's appeal, 303; land for James Ward, 303; land for Wadley, 303; claims of Simpson for services cannot be entertained, 303; breach of land regulations by McLean, 305; McDermott petitions for land, 305; papers re Maisenhoelder, 305; explanation of payments from Crown Land funds wanted, 305; half-yearly return sale of Clergy Reserves, 305; requests copy of Prov'l. Act on land tenures, 305; Col. Secy, cannot accede to petition of Bouchette for large grant of land, 306; requests of Quin and Wallace for land refused, 306; transcripts of petitions for Colonial office, 307; report of Canada Committee agreed to, 310; information re property of late Maisenhoelder, 310; requests copy Quebec Almanac, 312; enquiry re land grant to Lt. McDonell, 1763, 313; Naval Estts. transferred to Ord'ce. as Gov't, property 318; dissolution of Melbourne's Administration and succession of Wellington as First Treasurer, 318; Beard applies for land from, 318; transmits list of despatches, 318; information re land granted Whitcher, 326; encloses letter of M. Col- letan re money left by son, 329; Mc- Cleland, Chelsea pensioner, land application refused, 330; points in negotiation with BA. Land Co, 332; re payment of Amherst's expenses, 462. Hayne, Capt. Remuneration for, 351; service and emoluments of, 359; claims extra allowance, 388, 403. Head, Sir F. Bond. Gosford to act according to instructions given, 353; Instructions to, 360; controversy with Assembly, 365; conveys inaccurate impressions of instructions, 366; there should be constant intercourse and co-operation between Gosford and, 369; copy of despatch to Lt. Govr. of L.C. sent to, 376; communication and co-operation with Govr. of L.C, 376; Instructions to, 376, 379; enlarged Council would increase difficulties of, 393; instruction from Glenelg giving assurance rights of Anglican and Scottish Churches will be maintained, 432; erection and endowment of rectories considered illegal, 432; petition of Scofoie and Brodie, 433; conditions in U.C., 451; proclamation of 7th Dec. 1837, 526. Health, Boards of. Attention called to orders of, malignant infectious disorders, 5, 6; letter of, forwarded to foreign settlements, 7, 8; prevention of diseases, 9. Heath, late Lt. W. Pension of, 357. Hébert, Simon. Held grant on Madawaska R, 171. Heger, Thomas. Letters re property supposedly left by Douglas of Montreal, 333. Hemmingford, Que. Settlements in, 49; Township, to be constituted a County, 535. Hemp. Growth of, 1; cultivation of encouraged, 3; translation of document on culture of, 6; Trade and Foreign Plantations Clerk re culture of hemp, 6; Act for encouraging culture of, 6, 86; failure of seed, 9; Clarke appointed Inspr. of, 9, 10; Grèce leaves for Canada re cultivation of, 11, 71 ; culture of, 18; unsatisfactory report re culture of, 19; Grèce and Campbell re culture of, 33; substitute for, 42; Hood re, 88; cultivation in L.C, 95. Henderson, Capt. of H.M.S. " Edinburgh." Expenses in delivering despatches to be paid, 477. Henderson, F, of Grenville. Cannot be given appt, 410. Henderson, Rev. Presbyterian minister at Argenteuil, 63. Heney, Hughes. Apptd. Ex. Council, 275, 283, 290; fees on appt, 307; to remain on Ex. Council, 428. Henry, John. Re his secret mission to U.S. "Hercules," H.M.S. Durham to be conveyed to England in, 490. Heriot, F. G, Lt. Col. Land to, 149. Heriot, George, Dty. P.M.G, B.N.A. Report on postal service, 27; reprimanded for conduct, 46. Herries, J. C. Sends report from Commr. of Customs, 100; re limited U.S. trade, 110; desires statement of acct. between Prov'l and Home Govts, 115; importation and warehousing of US. flour, 116. Herrington Township. Act for relief of censitaires possessing land in, 98. Hertslet. " Treaties and Conventions," second edition sent to Hay, 139. Hides. Free importation from Ireland and Br. plantations in America, 2. Highways, Survr. of. Position abolished, 80. Hill, Rowland, Lord. No communication reporting contemplated changes in troops, 429; re mily. arrangements of Colborne, 440; re promotion of Lieut. Guy, 442; observations on Act of Escheat in P.EX, 486, letter re services of Lieut. Jones, 561; letter from re mily. Command in Canada, 578. Hill, William. Re establishing Bt. metallic currency in Canada, 109; grant for N.B. fire sufferers, 110; sends warrants for payment of salaries, 112; sends warrants, re ports and finance accts. from Treasury, 135; efforts to introduce Br. silver into Colonies frustrated, 136; allowances for Ord'ce. Dep't, 136. Hinchinbrooke Dist. Settlements in, 49; Township to be constituted a County, 535. Hindenlang, Charles. Appeal to Foreign Office for, 510. Hobart, Lord Robert, Sec'y. of State. Royal . gift to Metropolitan Church, Quebec, 5; new commission for trial of marine felonies under consideration, 5, 7. Hodgkin, Dr. T, Society of Friends. Intercedes for Nelson, 450. Hog's Back. Failure of dam at, 158. Holidays. Observance of Sundays and, 21, 37, 70, 79: Holland. Mily. operations off, 20. Holland, F. B. Sold land to Wilson, and deed of sale by, to himself, 138. Holland, Hon. Samuel. Grant of land rec'd. from George HI, 138. Holland, Major. Owner of garden, Chateau St. Louis, 501. Holland, Sophia. Claim for loss of certain land granted her grandfather, 527. Holmes, Andrew F, M.D, Professor, McGill College, 270. Holmes, Rev. Letter re claim of Quebec Seminary, 412. Holmes, Wm, M.D. Petitions land, 8. Holyhead. Road between London and, 354. Hood, Samuel. Re cultivation of hemp, 88; offers services as Govt. Agent, and experience with' hemp, 88. Hopper, John. Accused of stealing black sailor boy from Sierra Leone, 173. Horton, Sir Robert J. Wilmot. Requests delivery of despatch to Capt. Franklin, 85; encouragement given to growing hemp, 86; Baron Séguire seeks information of Clément Petit, 87; Capt. Ogden applies for app't. in Canada, 87; Monk's leave extended, 87; Ogden's observations on Canada Bill, 87; question of King's supremacy in app't. of RG. clergy, 88; G. R. Dawson requests information re T. Power, a convict, 88; Ogden's leave extended, 89; re Crown and Clergy Reserves, 90; leave extended to Ogden, 91; requests C Wil- kins be paid, 91; re Union of the Provinces, 91; re Receiver Gen'l. and money shortage, 92; requesting Colonial Office corr'ce, 93; encloses copy of letter re Caldwell's acc'ts, 93; re situation arising from bankruptcy of Receiver Gen'l, 93; permission for French clergy to come to Montreal, 94; payment of WilMns, 95; renewal of leave to Sewell, 100; renewal of leave to Ogden, 100; re property of C. Davy, 101; enquiry re Mrs. E. des Moulins, 101; directs land in LC be given Buchanan's relations, 101 ; transmits letter re re-imbursement of monies, 102; re John White, a settler, 102; enquiry re Bauch, Montreal, 102; defences of Provinces, 103; directing employment of Dundon, 103; death certificate of Jean F. M. Lefebvre wanted, 103; convicts from U. and L.C. sent to Bermuda, 104; directions for corr'ce. with Colonial Office, 104; Instructions to Govrs, 104; papers re L.C. Land Co, 105; average price of wheat, 106; Lartigue as Suffragan and Episcopal Vicar, 106; leave of Uniacke extended, 108; Customs officers salary regulations, 108, 113; enquiry for Wm. Stack, 110; requesting annual list of despatches, 112; opinion of Law Officers on app't. of R.C. Bishop, 112; relations of Rec'r. Gen'l. to Province, 113; leave extended to Sewell, 114; leave to Wm. Smith, 114; report of Committee on Emigration, 115; re Deane's land, 116; salary for Felton, 117; separate Custom House, Montreal, 134; notice re N. American Packet, 134; land for Major Wray, 136; recommends settlers from County Kerry, 136; representative of Assembly of NJ3. in England, 376; recommendation re composition of Ex. Council, 382; recommendation re am't. of Civil List, 383; re control of Crown Revenues, 385; corr'ce. re Civil List and Crown Lands, 387; approval of Bill for securing Civil List, 388. In Three Rivers, 22; instructions temporarily withheld re Nuns, Hotel Dieu, 23; grant to the Religious Ladies of General, 37; indigent patients at Hotel Dieu, Quebec, 37; grant to Ladies Hospitalières, l'Hôtel Dieu, Quebec, 84; incorporation of, Montreal, 87; appropriation of money for, 98; appropriate money for, Quebec, 199; appropriate money for Quebec Emigrant, 199; aid to Montreal General, 227; Act to provide Temporary Fever, 227; erection of marine, Quebec, 227; appropriation for emigrant, establishment, Quebec, 230; attention for immigrants, 255; incorporation of, for female patients, Montreal, 307; seamen and marines sent to Colonial, 500. Houde, Celestin. Writ of Habeas Corpus for, 511. House of Lords. Asks for certain returns of Revenue and Expenditure, 525. Houses Public Entertainment, regulations for, 200. Howard Township. To be constituted a County, 536. Howick, Lord. Requests payment of despatches, 252, 280; grant of land and appt. to T. W. Willan, 253; death certificate of François Le Duc wanted, 272; ack. Bayfield's report, 253; re despatches by mail, 256; payment to Lt. Bulger, 256; influx of indigent immigrants, 257; regulations for Naval settlers, 270; re John Hastey, 270; word equivalents in Indian dialects, 272; requests magistrates' proceedings re Montreal Riot, 273; Mrs. McKee inquires as to her son, 273, 275; bail for Mackintosh and Temple, 273; recommuted pensioners, 275; St. Lawrence light houses, 276; Forsyth land petition, 276; VS. rejects boundary decision, 276; settlers from Arran, 278; land compensation re Carillon Canal, 278; press for use of Seal sent to Canada, 279; duty on emigrants, 279; Odgen app'td. Att'y. Gen'l, 280; amendment re Ogden's app't, 281 ; assistance for Natural Science investigations, 281; Legislative app'ts, 282; agrees Land Co's. terms, 289; widow Smith requests death certificate of late husband, 290. Hudson's Bay Co. Quarrel with N.W. Co, 45, 54, 55, 71; seizure of McGillivray, 52; order to assist Comm'rs, 58; murder of Gov'r. Semple, 59; approval of Sher- brooke's conduct, 59; attack on, by N.W. Co. men, 72 ; outrage in Athabaska country, 77; privilege granted for fur trade, 85; testimony of Stuart, oh. factor, re Hare Indians, 466; massacre of Hare Indians in territory not under control of, 466; offer to surrender lease of "King's Posts", 517; new lease of "King's Posts" recommended by Council, 518; reply requested re renewal of lease of "King's Posts" to, 566; denial of change re seduction of Western Indians into British territory by, 569. Hughes, James, Supt. of Indians, Montreal. Charge incurred by, 440. Hull, Wm, General. Effect of his advance against Amherstfourg, 34. • Hull, England. Settlers from, 67. Hume, Joseph. Affidavit of, in Habeas Corpus proceedings, 506-507; affidavit of, re transportation to and detention at Liverpool, 507. Hume, J. D. -. W. I. trade, 216. Hunter, Martin, Gen'l. Opinion re Jesuits College, 12. Com'dr. of Forces in NJ3. placed at head of Council, 15. Huot. François. Authorization for bridge, Huskisson, W. App'td. Secy, 124; Gov't, information should be marked private, 124; OG. regulating commercial intercourse between H.M.'s. possessions and foreign countries, 124; "Act re Elementary Schools," going into operation, 133; correcting omission in list of charges in Casual and Territorial Revenue, 133; on granting 'h-p. alowances, 134; .enquiry re birth certificate Mr. F. Massot, 134; lease of house for Gov't. Depts, 134; boundaries along St. Lawrence, 134; re vessel for fisheries, 134; sale of Clergy. Reserves, 135; app't. of Sup't. of Emigration, 135; Taschereau for Leg. Council, 135; Dalbousie's leave of absence and appt. to India, 135; warrant for payment of Civil est't. for 1828, 135; extended leave to Daly, 136; Gov'r. prorogues after Assembly's choice of Papineau as Speaker, 136; renewal leave of officers in Colonial Service. 136; ack. condolences on death of Duke of York, 136; re Bowen as Fr. translator, 137; salary of Prov'l. Secy, 137; temporary Militia laws, 137; dismissals of Mondelet and son, 137; re increase of salary, 137; re persons condemned to death or transportation, 137; Fire Insurance Co, Quebec, 137; Dalhousie's conduct of affairs in L.C, 137; appt. of Sup't. of Immigration, 138. Imperial Parliament. Acts for use of Att'y. Gen'l, 210; re P.O. in L.C, 396; aid of, required if Acts not renewed soon enough, 398; debate in H. of C affairs in L.C, 400; will not violate principles of Canadian constitution unless necessary, 407; conduct denounced in "Vindicator," 416; should not enact new law re appeals in Canada, 420; recommendations in Commrs. report require sanction of, 420; loan voted for payment of arrears in LjC, 421; repayment of funds voted by, 422, 423; opinions expressed on resolutions, 425; "Vindicator" prints discussions in L.C. on, 426; does not wish to interfere in Clergy Reserves queston, 430; Morris' suggestion that Act should be passed by, giving all denominations share in Clergy Reserves, 433; re power to interfere in Clergy Reserves question, 434; recommendations of H. of C Committee re claims of Scottish Church, 434; power in dealing with Canadian affairs, 435; meets early to discuss affairs in L.C, 444, 449, 450; ready to redress real grievances but revolt must be suppressed, 448, 449; temporary provision for Govt, of L.C, 449; to be asked to vote salary for Bishop of Montreal, 450; repayment of sums loaned for arrears in salary, 453; stationery acct, 454; sums paid to P.O., 458; House of Lords requests information re Clergy Reserves in Canada, 458; new Legislature would cause serious situation to office holders, 458; return of religious estts. for, 459; Act re Gov't, of L.C, 1838, 460; appropriations for repayments of advances made by, 460; sanctions ex penditures, 461; Durham's plan for Gov't, of B.N.A, placed before, 465; Federal Gov't, would encroach on powers of either Local Legislature or, 467; should keep control of external relations of Colonies, 467; recommendations of H. of C. Committee re Leg. Council, 471 ; solicitude for French in L.C, 472; redress of grievances given to France and not to British in L.C, 472; French seek to sever connection with, 472, 473; request Act imposing additional duties on imports, 476; wiU not pay for losses incurred m insurrection, 476; to amend Act to enable Durham and Special Council to impose taxes, 477; H. of L. requests information re appts. made by Durham, 478; accepts Rush-Bagot agreements re armaments, 478; H. of L. requests information re Special Council, 479; H. of C requests information re persons convicted of treason, 479; arrangements re Indians to be made by H.M. Gov't, 483; amt. voted for Indian Dep't, 483; no pledge given re completion of water communications, 484; proceedings re Durham deplored, 485; only can change Nfld. elective franchise, 488; will disallow Ordinance re B.N.A. Bank, 488; Act of 1834 re P.O. in Colonies, 488, 489; proceedings re Ordinance of Special Council L.C, 490; re Durham's mission, 491 ; debates re suspension of Habeas Corpus Act, 491; Gov't, desires Ordinance be passed to form tribunals for trial of murder and treason, 492; course pursued by Gov't, re affairs in Canada, 492; confidence in Durham, 492, 493; H. of L. re Durham's mission, 492; interference with powers vested in Govr. Gen'l, 493; communication with Gov't, re B.NA. Bank, 493. Indemnity. Proceedings re Act, 486; Bill for payment to sufferers from hostile incursions from U.S. not assented to, 533. Indian Department. Indian store accounts in Upper Canada, 20; statement of total expenses, 136; officers to be superannuated, 136; widow la Mothe asks pension, 148; report requested on suggested, changes in, 149; pensions for officers' widows, 153; salary for Chief Sup't, 154; travelling accts, 155, 168; pension for widow Richardson refused, 157; limited amt. to be expended by, 164; to be placed under respective Lt.-Govrs., 164; placed under Govr. of each Province, 167; retirement on h.-p. refused de Lorimier, 169; death of Johnson, Sup't. Gen'l, 169; re charge for conveyance to Penetan- guishene, and staff at Drummond Island, 172; Darling refused compensation for loss of office, 175; discrepancies in accts, 316; vote for, 349; cost of schoolmaster and missionaries, 355; pensions and salaries in, 355 ; purchases made by Govr. for, 357; retiring allowance to officers whose situations abolished, 429; charge incurred by Hughes, 440; Chesley to be ern Indians, 569; explanation required re continued employment of three superintendents of, 590. dians. To be treated liberally in view of possible VS. attacks, 1, 2; relations with U.S, 3; complaints re dispossession of land, 11 ; complaint re mode in distribution of presents, 11; Fargues app'td. storekeeper, 11; Council presided over by Johnson. 11; civil and mily. clash over. 12; lands in U. and L.C, 19; sale of liquor to, 20; store accts. in U.C., 20; Wilberforce and, 24; requisition for stores. 25; goods shipped to complete supply of stores, 26; hostile intentions towards US, 28; goods to complete supply of Indian Store Houses in U. and LG. forwarded, 30; employment in War of 1812. B30, 355 nd, 43; 476; Br. Chai of : ; US, 51; territories of,'52; instructions to Drummond re, 53; superintendence of, 59; land grant to Dixon, 67, 73; at L. St. Clair, 72; settlement at Rice and Simcoe Lakes, 73; negotiations with those entitled to annual presents, 136; Chiefs' claims against Fief Sillery not upheld, 140; may get relief, 140; agricultural implements as presents to. 149; best means of ameliorating conditions of, 163; Iroquois and Hurons present claims, 164; Iroquois claim decided adversely, 165; Hurons given Crown Land, 165; show inclination to alter mode of living, 166; to encourage education among, 166; alter nature of presents to, 166; regarded as friends necessary in time of war, 166; to be induced to settle in Tps, 167; Rev. Osgoode receives money for education of, 168; boys placed at Chateauguay School, 168; presents kept in store one year in advance, 169; Iroquois claim to La Prairie Seigniory refused, 170; placed under Civil Gov'r. in each province, 170; presents sent to Canada for, 170; impossible to purchase land for Lorette, 185; desire land for gardening, 185; estimates for repairs to churches at Caughnawaga and Lorette too large, 185; dialects, 272; presents to those in US. should be discontinued, 355; cooperation in time of war made more likely by giving presents, 355 : co-operation of, in Revolutionary War, 355; means of defraying educational expenses, 355; reference to question of presents, 356; grant to, 381; information requested re, 399; supplies being sent, 404; presents postponed, 416; of Lorette, claim to fief of Sillery, 430; decision re garden lots postponed, 430; one named La Grasse charged with murder, 466; massacre of 48872—42 EX 641 Hare, in territory not under control of H.B. Co, 466; testimony of Stuart re, 466; corr'ce. in Archives of U. and L.C, 479; consideration of affairs suspended because of political disturbances, 480; importance of subject, 480; adoption of European mode of dress, 480; giving presents should be discontinued, 480; agricultural implements to be given to, 480, 482; re settlement of wandering, 481; decision against commutation of presents for money, 481; education of, by English and French, 481 ; improvement of moral and social condition, 481; Christie's Agricultural School and Farm, 481 ; reservation of lands for, 481; compact settlements should be farmed, 481; garden lots to be granted to Lorette, 482; tribes without lands, 482; if land not cultivated tribes can be moved elsewhere, 482; manner of making reservations of land for, 482 ; title deeds of property to be filed with Comm'r. of Crown Lands, 482; Algonquins do not own lands, 482; report on, to be transmitted periodically, 483; low birth rate, 483; desirable that independence should be attained, 483; under peculiar care and management of Crown, 483; portion of annual revenue should be secured for benefit of, 484; rules re disposal of lands to, 484; gallantry of Caughnawagans commended by the Queen, 508; annual presents for and necessity of sending home requisitions in preceding autumn, 517; exclusive right of trading with, in the "King's Posts," number, disposition, religion, habits, pursuits, care and protection of, 518; inquiry re surplus supply of presents for, 552; presence of military officers at distribution of presents to, 582; improved description of guns and rifles as presents to chiefs of, 569; re sending out stores of articles for presents to, 571; (of Lorette) report of Commissioners of Enquiry in claim of, to Fief of Sillery, 581; condition of continuing presents to visitors from US, 590. Industry, House of, Montreal, 84, 97, 98, 201. Industrv. Canadians inferior position in regard to, 475. Ingersoll, Charles, Lieut. Not receive h.-p, 134. Inglis, Dr. Charles. App'td. Bishop of NS, 3. Inland Navigation. Expenditure on, 555. Insane. Act for the relief of, 7, 21, 24, 30, 38, 47, 70, 84, 89, 97, 98; support of, Three Rivers district, 202. Inspector General of King's Domain. Office should be abolished, 171; Primrose holds position, 394, 395. Inspector of Prisons. Reports, 438. Internal Communication. Improvement of, 200; objection to Federal Gov't, having control ( Interpreter. Salary of, 121, 198; at Caugh- and Three Rivers, retiring allowances, 429. Ireland. Settlers from, 40, 42; Irish emigrants from Brazil to Canada, 148. Iron. Seducing artificers and workmen employed in that industry, 2; prohibition of exportation of tools and utensils made use of in iron and steel manufactures of the Kingdom, 2. Irvine, Hon. James. Member Ex. Council, 45, 54, Î Captured by British, Î Jackson, Andrew. VS. President. Proclamation removing restrictions on trade in British vessels with U.S. ports, 178; plans to replace part of paper currency, 424. Jackson, Sir R. D. Judgment and mily. knowledge of, 530; proclamation of, as administrator during absence of Gov'r. Gen'l, 555; despatch re measures taken in disputed territory, 558; to apply to Govr. Gen'l. for Gov'ts, views on disputed territory, 559; emoluments as Com'dr. of Forces, B.N.A, 561; to send a M. Gen'l. to enquire re Mily. Command in U.C., 578. Jacob, Joseph. Authorized to erect bridge over Montmorency R, 37. xjues Cartier River. Bridge over, 12, 79, Jessop, Henry. Sur'vr. of Customs. Usages of Province neglected in case of, 334. Jesuits. Work in educating Indians, 480; churches erected foy, in the "King's " ' " 518. Jesuits College, Quebec. Instructions to Gosford re occupation as barracks, 346, 371. Jesuits' Estates. Discussion re College, 11; revenue from college, 45; revenue vested in Royal Institution, 48; revenue not •transferred to Royal Institution, 49; revenues for maintenance of propose- collège, 56; Sewell's expenses to England paid from, 57; construction of McGill College, 67; pay part of Minister's salary from, 116; to help maintain Protestant clergy, 122; to pay Rev. Sewell's salary, 138; pay Montreal Rector's salary, 139; full information asked re revenue from, 144; unable to pay Minister's salary, 155; Comm'r for managing, 169; and Indian claim, 165; Caldwell owes large sum to, 'ble to make addition to charge of managing, 169; Board for management to be abolished, 171; whofe 1 revenue to be applied to education, -wB.'il revenue from, might be devoted to undenominational college in Montreal, 172; '■ resolutions of Assembly on subject of, 173; to be credited with money received from property of late Caldwell, 186 ; gross revenue from, 192; revenues diverted from j educational purposes of, 217; sum re- ' covered from Caldwell's estate, 219; control of revenues passed to Prov'l. LegS- ] lature, 326. Jesus River. Bridge at Terrebonne, 70; toll i bridge at Ste. Rose, 230. Jews. Act to extend certain privileges to persons professing the Jewish Religion, Bill for relief of, 175; wording of oath for, 300; alleged disabilities of B. Hart on account of foeing a, 552. Johnson, Capt. Solicits grant of land, 311. Charles, Major. Recommended as Sup't. Indian Dept, Montreal, 169; solicits land, 311. Johnson, Sir John. Supt. of Indians, 11 ; claim of, 23; land for his children, 66; receives pay until opportunity to bring case before Parliament, 149; death of, 169; his four chdldren ask aid, 174; family of the late, solicit land, 311. Jones, Lieut. Report of as to improved feeling in United States towards Canada, 560; services commended by Govr. Gen'l, 561. Jones, Robert. App'td to Assembly, 275, 282. Judges. Investigation into conduct of, 4; amendment to judicature, 16; administration of oaths in civil cases, 21 ; and their salaries, 25; Act disqualifying, from sitting as members, 29; power, in civil cases re oaths, 37; accusations against, 39; authority of, 42; salary of Puisne, 43, 190, 198; increase salary of, 48, 50, 51, 111, 120; combination of office of, with French translation, 81 ; duties in Inferior Courts of St. Francis and Gaspé, 113; Prov'l. Judge of Three Rivers Dist. wishes same footing as Judges of King's Benton-, 168; ask salary increase and retiring allowances, 168; Chief Justice of Montreal asks compensation for services in Court of Appeal, 175; no estimate needed for salaries in Gaspé and St. Francis districts, 184; Puisne, not to be on Leg. Council, 186, 195; salary of Prov'l. 190; allowances for Circuit, 190, 198; salary of Vice-Admiralty, 190, 198, 236; permanent provisions for, 194, 208; excluded from Civil List, 194, „ provincial salaries, 198; maintenarice of, 207, 222, 263; their independence, 207, 209, 262, 266; no vote in Parliament for Puisne, 208; term dependent on behaviour, 208; in England, 208; precedents formed, 208; excluded from Leg. Council, 209; voluntary resignation, 209; their resig- nation for the public good, 210; salary for, 234, 263; retire on pension, 234; provisions for, 234; allowances, 236; salary of Puisne, 236, 296, 381 ; may not vote in Councils, 262; tenure of office, 262; salaries in England, 263; impeachment of | 265; reputation of, 265; salaries independent of votes of House, 266; emoluments, 299; instructions re extra judicial opinions of, 343; suspension of action on Provincial Bill for securing independence of, 357, 364; independence favoured by Home Gov't, 371; independence of, 443; claim of, to retiring allowance, 443; questions re Clergy Reserves Bill submitted by the House of Lords to, 562. Judicature. St. Francis district, 202, 323; ! regulations Court of, 230; reorganization I in view, 519. Judicial establishment, expenses, 207. Wury. Trial by, 200; summoning of, 300. IJuries. For trial of insurgents, 456, 457, 463. Uustice. Dividing Province of L.C. for judi- I cature purposes, 69, 78, 83, 97, 108; ad- •nunistration in country parishes, 79, 89; Master in Chancery, 81; Courts of, 87; I Bill for improving system of, 92, 95; Act [ to provide administration in Gaspé, 96; Act to facilitate administration, 97; re- ! fating to the trial of small causes, 97; I Act for summary trial of small causes in the Magdalen Islands, 98; instructions re criminal cases, 101; important appoint- | ments, 101 ; revenue for administration of, I 101 ; salaries and allowances for administration, 120; administration funds depend on Assembly, 141; several legal matters discussed and remedy suggested, 144; Judges ask salary increase, 168; delays in Court [ of Appeal, 184; renewed commission for [ judicial establishment, 186; Act to provide for summary trial, 197; administration inefficient, 221; administration ex- I pense, 260, 402; administration of, 297; I Aot to facilitate prosecution of actions in ! certain cases, 335; Counsel for prisoners [ in criminal cases, 357; administered by Province except in case of Gov'r, 363; j amount of fees for Bedard, 371 ; Assembly I petition dismissal of Fletcher, 372; unfairness to Whitcher, 394; Chief Justice [ Reid not to retire, 397; payment of arrears due judges, 398; claims of Chief Justice i and judges for circuit allowance, 398; I salary arrears paid from Crown revenues, [ 403; capital sentence on John Gillan of I 66th Reg't. commuted, 415; proceedings in case of Dr. Duchesnois questionable, I 438; trial and punishment of leaders of [ insurrection, 445, 463, 464; dismissal and I app't of 'magistrates, 448; punishment of I persons convicted of high treason, 453; I reasons for not re-opening case against I Kerr, 454,484 ; son of Kerr solicits favour- ■ able consideration of claim, 455; trial and 48872-42. IX 643 punishment of insurgents charged with high treason or murder, 456,457,458;' Chief Justice Reid allowed to retire with pension, 458; Reid's successor appointed by Durham, 458; capital sentences to be avoided except in case of murder, 464. arrests made for dissemination of inflammatory papers, 465; Gov'r. to deal wit! case of Indian charged with murder, 466 employment for young persons detected in crime, 469; Ordinance to pay arrears due Judges, 470; British in L.C. object to French system of, 472; despatches re disposal of political prisoners, 477; question re expenses incurred in prosecution of de Larimière, 485; satisfactory measures taken for disposal of political prisoners, 485; remunerating officers of Vice-Admiralty Court, 487; Fisher asks assistance in apprehending absconding bankrupt, 488; ■constitution of Court of Appeal for L.C, 490; suspension of Habeas Corpus Act, 491; Ordinance of Special Council to be passed for trial of murder and treason, 492; evils of trials by juries in L.C, 492; security of peaceable inhabitants, 492; tribunals must be formed before new insurrection breaks out, 492. Justices of the Peace. Powers of, 16; re apprentices, 46; Act to extend powers of, 98; qualifications, 203, 228. Kamouraska. Communication via, 205. Kearsey, Hughes and Thomas. Recovery of property from bankrupt, 500. brother want- Kellaway, Mrs. Information r ed, 270. Kempt, Sir James. His administration of L.C, 140; on settling establishment at Lanark, 157; resigns Governorship, 173; recommends Rev. Black for land grant, 199; re offering Papineau a seat in Ex. Council, 203; views on boundary question, 205; sees Clergy Reserves as obstacle to improvement, 243; never formally app'td Govr. Gen'l, 304; opposed to substituting cash for presents to Indians, 355; app'ts. to Leg. Council made by, 471. Kennedy, Augustin. Life transportation for, 106, 110. Kent, Duke of. Death of, 74. Kentucky. New settlements in, 4. Kerr, Hon. James. Leave of absence for, 52, 62 ; recommended for vacancy in Ex. Council, 54; no vacancy in Ex. Council for, 54; app'td. to Leg. Council, 91; refused pension, 151 ; suggestions re Court of Vice-Admiralty, 156; to resign, 209; claim for fees and salary, 211; suspension of, 268, 286, 292; suspension refused, 268; despatch Re pension ige from Isle }f late husband, Bourdon to, 13.1 Lack, Thomas, Sec'y. Bd. of Trade. Prévost withheld assent to addt'l. duties, 43; opinion on Bill to regulate commerce, 60; transmits letter re leather duties, 94; charges on British trade and navigation, 96; importation and warehousing of US. flour, 116; US. and West Indies trade renewal approved, 181; protection of trade, 182; re constituting Montreal port for general purposes, 583. To be constituted a Combe, Jacques. Authority to build bridge, 12, 13. , Fontaine, Louis H. Warrant for apprehension of, 470; petition of, with Mondelet to House of Commons, 515; charges against Govr, Civil and Mily. officers, 520. ) build bridge over La Grasse. Indian, charged with murder, 466. Lajus, François. Request for information re, "La Minerve". Sentence against Duvernay editor, remitted, 396. LaMothe, Capt. Widow asks pension, 148. Lampson, of H. B. Co. Prosecution by Stuart, Lanark. Settlers wish debt to Gov't, 10! Lanaudière, Mm de. ;o forego payment of Petition refused, 32. ; prevention of, 200, 201; nd. Secret incumbrances on, 200 of fraudulent sale and seizure objections 1829 Bill on, 206; alienation of, 207; in Australian Colonies for mily. settlers, 211; recommendation for purpose, 211; laws re free and common soccage, 212; Act on descent or grant of, LC 474. lal 1 of, 472 i. Land tenures, 3, 87; in N.B. 3; waste of, 7; and Clergy Re- 9, 20; grants discouraged, 23; Cuyler, Alsop, Johnson, and nuns of Hôtel-Dieu, 23; grants to reg'ts, of land sales or grants 1832-34 wanted, 306;. 40; permission to cut masts on, 42; im- all unsurveyed in Sherbrooke, Shefford and- provident grants, 43; suspension of grants Stanstead to be sold to B. A. Land Co.,. on frontier near L. Champlain, 44, 80; 311; House of Commons address for return grants to retired soldiers, 45; new instruc- of receipts and expenditures of Land and tions re administration, 48; grants to sea- Timber Funds, U. and L.C, 1830-32, 313; men, 53; in free and common soccage, 55, return by Commrs. unsatisfactory, 313;. es, 80, 82; Col. Secy, wishes report in purchase money, 350; inspection of acre, 90; claims of Scottish Church on, counts of, 359; demands in address of As- private information desired as to sembly, 363; reservation for endowment of s of land, 104, 105; no provision for seminaries, 370; claims of Militia to E of Land Board, may be discontinued, grants, 370; grants for support of colleges, ■may be sold to aid Church of Scot- 372; railway running through, 373; pro- 109; instructions for Comm'rs. of, posed to minimise delays in issuing patents, to17 i<» 19- ° ,e auditor ol 374. excessive powers and duties, 377; tw^' t rn ' 199 ma_?" management, 377; regulation Dept, 382; Jtotestent Clergy, 122; proceeds instructions to Comm'rs. re sale, 387 ; regul- ed on all questions deal- Canal work, 153; grants to offia office in connection with granting 159; grants sanctioned to men of bodied Mil .- , _-_«uiuwiu__c .v uumm 10. / c Oftic, uoi , iCg'Ul- ij^of ation of sale> 387: Purchase by B. A. Land Hi C°-' 388; fees t0 officers in Dep't, 388; s deal- King's Posts thrown open for settlement, I with Clergy Reserves 145; grants as 388 t sal or rent of 390 for mily >«ns of checking desertion on Rideau s ^ested in 0rd,ce j^ >t 393' Commr. of, duties and emoluments, 394; difficulties of R.C. Bishop holding in mort- ea to men or _/m- majnj 394; peiton dismissed, 394; dispens- 00 many 0 ces in jng w^ Auditor, 395; change of policy in r^A gf T'-*- ;«V settling waste lands, 399; certain Acts to may be purchased without restriction, 164; be j d t • m Th n to be granted to Hurons of Lorette, 165; f ^ m ^ ' method 0f^_ ™S,af£LZl o? I7n iflH^Knl9^ P08^ °f waste land, 406; information re l^T^wSwf'S ' K? j? S Piston who had received grant, 413 ; appt. land patents on, 171, 395; omees of, and , , „ ? ..„' ' yy _,. Survr. of Woods to be combined, 171 ; of *wo ,C°mm^ Pr°P°sedj 41£ Pr°P°sed wants fixed salary 173- fees will form apPt of Davids°n> 416: doubts aPP*- of subject of enquuy, 173; alterations in Morin 416; appt of Bouthillier, fees re- Department, 173; arrangements for grant- "^d, 438J °°?hrans .cla.m *°. com- ing land to discharged soldiers, 174? fees mutatl0n f anted, Vf6 tin hZ °fJ0 °a on land to soldiers from M Chest 184- passing of Land Patents, 450, 459; în- revenues from Land Fund 192- salary of structions re alienation of waste lands, 462; t Auditor of Land Patents 192- grants and B.A.L. Co. requests relaxation of conditions letters nntPTit rpeistprpd '202-'Hiqnnsal nf on- which land was acquired, 469; re taxes 21V .Wed men Pmnloved or> Pariah and settlers rights to, in P.E.I, 475, 486; 215- memorial ofDuke of Hamilton fe re Promises made to Militia, 478; Militia 217- management of waste 219 239 240' claim, 478, 494; title deeds to Indian pro- 245'364- to h-d officers 230- re sale of Perty to be rec°rded in Commrs. office, 23l'- management of 239 •' imnrovine 240 ■ ^ > en(lmry mto uiode of disposing of, 479 ; oh ' f 93Q- nnteiîtt! fnr 2_n- titlU in manner of making reservations for In- 240^fees for 240-free>-rantsof 240- nro- dianS) 482; mles re 6ds^OS3il of> miSht be Dosais re «ettline 240- abuse of free -rants departed from in case of Indians, 484; of 241 • oranr in rironôrtion to canital 241 ■ memorial of proprietors protesting assessed, /__; gran. m propo aon o cap 1". > meilt in p.EI, 486; terms agreed upon by tax levied on ummpnn e^ -^, large gram* proprietors in P.E.I, for sale and settlement "•tara improvement,, #m , ese ea of^ 4gg; r-ght q, pre_emptjori for aqUatters ijotestant clergy support, z*d, xransieroi, ^ m. Report by Durham on, 514; rence of Prov'l. Leg. in grants of, 587; amended returns re quantity of requested, 587, 588. Langlois, Jean-Marie, dit Germain. Bridge over Yamaska R, 70. Language. Instructions to Gosford re use of English and French, 342. Langsdorff, Baron. Inquiries re Frederic Dotzler, 75. L'Anquedoc. Fired on in election riot, 273. La Prairie de la Magdelaine Seigniory. Act to regulate the Common of, 97; Iroquois claim portion of, 170. Lartigue, Rev. J. J. App'td. Suffragan Bishop to reside in Montreal, 73, 106; petition to build another Church in Montreal, 73; authorized to assist in Montreal Dist, 79; legal objections to app't. as Bishop of Montreal, 158; R. C. Bishop of Quebec petitions for app't. of, as bishop in L. C, 231 ; recognized as R. C. Bishop of Montreal, 394. La Salle, Seigniory. Exploitation of, by censitaires, 80, 82; Act for relief of certain censitaires, 98. L'Assomption. Bridge over R, 12, 13. Laterrière, P. de Sales. Applies for land, 44. Lauzon Seigniory. Not leased to Caldwell, 155; rent due by Caldwell, 326; Caldwell's possession of, 348; and estate of Caldwell, 350; sale of seigniory of, 374. Laws. Opinion on French and British, 3; application of French laws re personal debts, 10; amendment to judicature, 16, 69; ordinances regulating practice of, 69; Act to repeal certain, in LG, 97; allowance for printing, 197; for security of property 220; intermixture of codes, 220; enactment of, left to L. C. Legislature exclusively, 222; practitioners' commissions, 279; provision for expenses, 301; observation on Bill re admission of persons to practise, 323; to further provide summary trial of small causes, 335; re reservation of Bills and delay in communicating decision, 344; power of Govt, and Council subject to limitations, 460. Law of Nations. Power of defining and punishing offences against, 467. Law Officers. Opinion of, in Habeas Corpus case of C Houde, 511; opinion re Ordinances of Special Council, 513; opinion on competency of Courts-Martial and regularity of proceedings, 525; conduct in U. C Assembly in opposing reunion resolutions, 556-557; opinion re purchase of lands by N. A. Colonial Association of Ireland, of, 564; opinion re agreement of B. A. Land Co. from, 568; report from, on procedure in giving effect to Act of Union, 573; opinion re power of Crown to commute tenure of Seigniories, STrnf- report on Ordinance of Special Council re Ecclesiastics of St. Sulpice at Montreal, by, 578; opinion re interpretation of Act of Union by Chief Justice, 589. Law Students. Special provision for those who served in War, 1812, 47, 70. Lawrie, John. New Glasgow, N.S. Cannot be given land, 332. Leathart, Major. Bringing party of immigrants, 64. Leather. Advantage of high duty on, 94. Le Duc, François. Said to have died in Canada, 272. Leeds, Rev. John. Master of Quebec Grammar School, 49, 92; leave to retire as missionary only granted by SPG, 353; petitions against reduction of salary, 395. Leeds County. Divided into two one—member ridings, 535. Leeds Township. Error in survey, 300. Lees, John. Succeds Panet in Ex. Council, 5; late storekeeper, Indian Dept, 11. Lees., Sarah and Jane. Memorial re land, 28. Lefebvre, Jean F. M. Death certificate of, Lefevre, J, Colonial Office. Letter re copy of Bill for regulation of P.O. in U.C., 489. Legislative Council. Salaries of officers, 6, 22, 47; loyalty of, 32; app't. of McGill, Panet and McGillivray, 35; Ryland app'td. Registrar and Clerk, 36; against Assembly, 43, 49; app'ts. to, 57, 91; du Plessis app'td. to, 58, 62; against Union, 90; address re embarrassments impeding administration, 99; uniforms to be worn by members, 103; Minutes of, to go to Colonial Office, 104; extension of leave to Wm. Smith, Clerk of, 114; precedence in 139; constitution to be investigated, 145; six months returns of, 152; no more puisne Judges for, 186; naturalization of members, 187, 358; recommendations for members, 207; Judges excluded from Executive, 209; libel against, 258; Judges not to vote in, 262; may act as Tribunal, 266; various matters re, 275; return of names and salaries wanted, 292; address laid at foot of Throne, 306; dignity and independence of, 320, 379; suspension of action on Prov'l. Bill for securing independence of, 357; Prov'l. Bill. 1834, re independence of, declared ultra vires, 358; Clerk cannot retire with pension, 359; amendments re, 363; function of, 363; constitution of, referred to in Instructions, 367; re reservation of lands for endowment of seminaries, 370; composition of, 379, 392, 405, 408; proposal re making elective, 392; enlarging would increase difficulties of Sir F. Head, 393; wants P.O. questions in LC. settled by Imp'l. Parliament, 396; complaints re, P.O., 396; motion in British H. of C. that it be made elective defeated, 400; should not be elective, 402; Assembly demands an elective, 402; instructions re, being sent, 423; advice of Commrs. as to composition has been followed, 428; ten members added, but app'ts. subject to modification, 428; fees and stamp duties of appointees, 428; approval of address of, 438; address of condolence to Queen, 442; re request of Wm. Smith, Clerk of, for a knighthood, 459; information given by Moffatt re composition of, 470, 471; requests re duties and P.O. revenues, 476; constitution and qualification of members of, 536; independence of struck at, 536. Legislature. Act for more equal representation in Assembly confirmed, 157; 1831 opening, L.C, 212; Acts reserved, 269; Bill passed by, 333, 349; regulation of expenses of criminal justice belongs to Prov'l, 349; opening of L.C, 27 Oct, 1835, approved, 352; of L.C. should be convened, 367; prorogation of L.C, 369; Prov'l. proceedings, prevent settling church question, 431; little hope of Clergy Reserves question being settled by Prov'l, 433; Imperial Parliament cannot interfere in church question unless at request of Prov'l, 434; Prov'l, controls Clergy Reserves revenues, 436; loan to Wesleyan Methodists by Prov'l, 438; late meeting of L.C, not a session, 438; Local powers should not be transferred to Federal Gov't, 466; Federal Gov't, would encroach on powers of either Imperial Pari, or Local, 467; revenue, P.O., currency and internal communications should be controlled by Local, 467,468; division of Quebec Province, 472; controlled by French, 472; British in L.C. desire estab't. of efficient, 474; appeal for Indians to Local, 483, 484; draft, prepared by Gen'l. P.O., 489; complimentary address of U.C., to Colborne, 519; remedial measures adopted by, 532; Act re Clergy Reserves unconstitutional, 534; power of, to legislate re Church of England, 546; rights of R.C. Church beyond powers of, 546; time of meeting, of, 574; first meeting of, left to Gov'rs. discretion, 579 ; re communication of official corr'ce, to, 585. Le Maistre, widow of Lt. Govr. of Gaspé. No pension for, 17. Le Marchant, D. Letter from re petition to make Montreal a free port, 583. Lennon, W. S. Decision re land unaltered, 325. Lepallieur, Charles and George. Re property in Montreal, 79; 84. Léry, C. E, de. Builds toll bridge over R. Chaudière, 88; will probably resign from Ex. Council, 428; retains particular distinction, 442; appt'd. Asst. Clerk, Special Council, 475; application for reappt. to Ex. Council could not be complied with, 538. Letters of Marque. Issued against France and her allies, 14; issued against Americans, 34. Letters Patent. Registering of, 202. Lettre de Terrier. Power of granting, 21. Le Vallée, Pierre. Certificate of his burial requested, 330. Leveson, Lord. Transmits to Stephen copy of letter from Advocate General re claim of James Crooks, 584. Levis, Point. Favourable for fortifications, 205. Library. Site for public, in Montreal, 79; proprietors of Montreal, 201. Licences. Revenue from, 190, 196. Lieutenant Governor. Salary of, 120, 197, 381; further participation of, in Responsible Gov't, controversy, inadvisable, 541; commissions renewing offices of, 549; functions of, suspended during Governor General's visit to Province, 550; Bills reserved by, for significance of H.M's pleasure, 553. Lighthouse. In Newfoundland, 154; St. Lawrence R, 200, 229, 276; in St. Lawrence, St. Paul Island and Cape Ray, 155, 229; proposed for St. Lawrence Gulf, 395; Admiralty recommends red or white and red in painting of, 569. Limerick. Large body of emigrants from, 547. Lincoln County. Amendment of Canada. Bill to give two members for, 567. Lindsay, William B, App'td. provisional Clerk of Special Council, 475. Linens. Bounty on exportation of, 2. Liquor. Sale to Indians, 20; Act to regulat» persons who sell, 98; duties explained, 101. Lisbon. Transportation of wheat, flour and oats to, 33. Literary and Historical Society, Quebec. Secures documents connected with history of Canada, 311; applications to copy documents refused, 484. Lithographic Press. Provision for, Board of Works L.C, 566. "Liverpool", steam vessel. Departure for Canada, 520. Liverpool, England. Customs officer questioned re shipping of arms to U.S, from Birmingham, 447, 448; memorial from merchants re political affairs in N'fld, 487; transportation to and detention at, of political prisoners, 507; reports from emigration agents, at, 576. Liverpool, Robert, Earl of. Bill for erecting gaols in Gaspé, approved, 24; Prov'l. Acts to go into operation, 24; announces destruction of enemy's convoy by H.M.'s fleet in Mediterranean, 24; transmitting O.C re erecting common gaols in Gaspé, 24; Act, re annexing parts of Labrador and Anticosti, etc. to N'fld, 25; app't. of comm'rs. for execution of Customs Act, 25; comm'rs. app'td. to open Parliament because of King's illness, 25; introduces Perceval, app'td. Collector of Customs, Quebec, 25; inadequacy of postal arrangements in U. and L.C, 25 ; salaries of puisne Judges; sum to complete Protestant Church, Montreal; Black's offer re St. Maurice Forges; requisition for Indian stores; Mrs. Lynd's application granted, 25; requests detailed report on mily. affairs,, 25, 30; Prince of Wales gested with authority of Regent, 25; directs attention to letter from Lords of Privy Council, 26; injury done to Canadian trade by importation of goods from US, 26; re postal communications in Canada, 27; titles of Acts Prov'l. Legislature, 27 ; desire to unite in Gov'r. civil and mil'y. command, 27; Prévost to proceed to Quebec as Com'dr. of Forces, 27; provision made for missionaries on return to England, 27; Ryland's expenses incurred on official visit to England to be paid, 27; hostile intentions of Indians toward US, 28 ; on Gore's retirement, civil administration to be placed in hands of senior mil'y. officers, U.C., 28 ; introduces Dean, on public mission to colonies, 28; recommends Ryland to attention of Gov'r, 28; memorial from sisters of late John Lees, 28; Thompson required as auditor army acc'ts. Quebec, 28; vote for completion of church in Montreal, 28; assents to Prov'l. Bill for gaol, Three Rivers Dist, 29; Prov'l. Acts which may go into operation, 29; report asked on all mil'y. defences, 30; necessity of preventing communication between Canada and parts of continent under France, 30; re Blackwood's recommendation for seat in Leg. Council, 30; commissions and instructions appointing Prévost Capt. Gen'l. and Gov'r. in Chief of the Canadas, 30; app't. made to situation of Att'y. Gen'l. of U.C., 31; imports from U.S. to Canada, 31 ; asks report on memorial from Mrs. Lynd, 31; circulars requesting pay of Act'g. D't'y. Judge Advocates, 31; order and declaration of Prince Regent, 31; re disclosure by J. Henry to U.S. Gov't, 31; hope that war with U.S. may be avoided, 32. Livingston. Pension to Mrs, 195; 454. Loan. To Militia staff, 1829, 253; raising by issue of Gov't, debentures, 532. Lods et Ventes. Revenue from, 192. London, England. Road to Holyhead, 354; Capt. Bagot's expenses carrying despatches i from Quebec to, 487. London Gazette. Re trade treaty with US, 2; Battle of Trafalgar; war with Spain; victory of Sir R. Strachan, 7; re victory of St. Euphemia, 9; respecting sale of I vessels to a neutral, 14; victories at Cape i of Good Hope and St. Domingo, 15; ces- ; . sation of war with Spain, 17; war with | Holland, 20; victory of Talavera; surrender of Flushing, 21; victory of Colling- wood in Mediterranean, 24; Prince of Wales app'td. Regent, 25; capture of Isle de France, 26; capture of Batavia, 28; Wellington's operations in Portugal, 29; victory at Tarifa and Ciudad Rodrigo, 29; capture of Badajos, 31; UjS. vessels during War, 1812, 32; capture of Madrid, 34; siege, of Cadiz, 34; peace with France, 39; death of George III and Proclamation of George IV, 74. Londonderry. Report from Emigration Agent ng Sault, Ottawa R. Abolition of offices of Inspector of Woods and Survrs. of High- wavs above, 80; islands along boundaries! 89; inhabitants complain re free navigation, 90. Partit i of the Comm "Lord Nelson". Seizure on Lake Ontario previous to declaration of war, of, 584, 592. Lorette. Estimates for repairs to church, too large, 185. Lorimer, Capt. de. Gratuity to, 290. Lorimier, Le Chev. de. Petition to retire on h-p. refused, 169. George de. Expenses incurred in prosecution of, 485. Loring, Robert R, Major. Land grant, 60. Losses during Rebellion. Claims therefor and 511. Lotbinière. Money for harvest failure relief, 202; granddaugEter's claim refused, 441; Michel Chartier de. Marquis. Information asked re, 59; granddaughters of, claim refused, 441; granddaughters of, claim land under O.C. of 1776, 504. Prop. Petit INDEX 649 LUdltroo< 3. G, Preside at. Refus ed to all out MacKenzie, W. L extended tows . Clemenc rds, 476. y should not be imber Trade. Regulations of, 22, 30, 38, 47, 69, 78, 98; Act to extend, 200; export from B.NA, 210. ishington, Stephen George, Comm'r. of Customs for United Kingdom. Staves produced in US. not to be imported into G.B, 85. • R. du Luzerne, Marquis de la. Note re St. Sauveur, French Consul at Venetian Islands, 4. Lynd, Mrs. David. Lease of farm called Belleville, 5, 25, 31, 44. Maberly, W. L, Sec'y. G.P.O. Letter re P.O. in L.C, 397; objections to P.O. Act of N.S, 489; copy of Bill for regulation of P.O. in U.C., 489; letter enclosing P.O. Act of N.S, 489. Macdonald, Archd. Solicitor General, England. Opinion upon Chief Justice Smith's opinion re French and British Laws, 3. Macdonell, Sir James, M. Gen'l. Mentioned for Mil'y. Command in Canada, 578. Macdonnell, Rev. Dr. Jurisdictic Bishop, 58; allowances to R.C Bishop, Upper Canada, 303; Macdonnell, Rev. Angus. App'td. Vicar Apostolic for U.C., 58 ; presenting claim of R.C's. to assistance from Gov't, 581. MacKinnon, George, Capt. Expenses incurred in England paid, 407; receipt from, 437. Maclauchlan, J. A. Warden of disputed territory. Report of land agents, 304; reports opening of road through disputed territory by US, 305. Macpherson, L, Dpty. Purvr. to the Forces. Free grant of land to, 227. Madawaska River. Question as to whether under jurisdiction of N.B. or L.C, 171; as communication route, 205. Madawaska Settlement. Return of troops from, 516, 518; reoccupation of, by British forces, 553; occupation of denounced by Gov'r. of Maine, 557; census taken under authority of State of Maine by Col. Graham Parke, in, 581; mily. force to be increased in, 587; movement of troops into; protection of British interests in, 589. Magdalen Islands. Act for summary trial of small causes, 98; clause in Canada Bill for separation from L.C. and annexation to P.E.I, 563. Magistrate. Dismissal and appt. of, in L.C. 448; opinion re trial of prisoners charged with high treason, 456. G. Mahon, John. Cornet. To settle in Canada, acfarlan, Rev. Dr. D. Sends demands of Scottish Church, 431; letter from Grey explaining apparent discrimination in favour of Anglican clergymen, 431 ; introducing Mathieson to present claims of Scottish Church, 435. achar, Rev. J. Co-operates with Mathieson and Morris in presenting grievances of Scottish Church, 435. aclntosh, Alexander Fisher, Lt. Col. 15th Regt. Amount of bail set for, 273; rearrest of, 280; defence expenses paid, 300. Mackenzie, H. Expresses hope Bank of Can- ' ada Bill may be sanctioned, 87. Mackenzie, J, Lieut. Inquiry re app't. as Clerk of Court of Requests, Terrebonne, 565. Mackenzie. W. A, Member of Assembly. The Gov'rs. answer to, approved, 354. 170. Mail. Distribution to US. from Halifax, of, 134; loss of two bags of, 159; conveyance of, 258; containing confidential matter, 258; via N. York, 258; cost of conveyance by messenger between Halifax and N.Y, of, 563; Military Chest to bear half cost of conveyance, 569 ; conveyance of between Halifax and Canada during winter; steam vessel between Annapolis and Windsor, 584; re winter arrangements for Halifax, 588. Maine. Disputed territory in N.B., 238; protests on boundary decision, 239; Legislature re boundary question, 239; cautioned against acts of hostility, 239; despatch from Br. Consul at Portland, re fortifications in, 485; Foreign Office asks for information about boundary, 516; arrangements with, for return to Quebec of troops sent to Madawaska, 518; agreement between Governors re disputed territory, 557; letter from Governor of, to President denouncing occupation of Madawaska, 557 ; alleged infraction of agreement between N.B. and, 558; re Governor's action in disputed territory between N.B. and, 592. elder, Charles. Died in Montreal, property of the late, 310, 351; letter —I re property of, 393; case of, 508; further reference to property of, 541. Maisenhoelder, Jacques. Statement and papers Martin, Montgomery. Statistical Account of j the Colonies, 510. Maskinongé Seigniory. Regulations for Government of, 201. Maitland, Hon. John, Col. States no trace of Charies Preston can be found, 413. Maitland, Sir Peregrine. Re forwarding immigrants to U.C., 75, 85; consignee of Bibles, 76; will settle Irish emigrants, 92. Maitland, Garden Auldjo, of Montreal. Letter re attack on men of H. B. Co, 72. Malbaie River. Bridge over, 70. Malcolm, Finlay. Prisoner at Liverpool, 506. Mallett, John L., Audit Office, England. Instructions to public accountants, 15; acknowledges accounts from Gov'r. of N.S, 28. Malta. Excepted from O.C. regulating trade, 128, 133. Mandelsloh, Count. Re property left in Montreal by Maisenhoelder, 298; requests information re property of two men named Haas, 333; further communication from, re Maisenhoelder, 508. Manitoulin Islands. Possession of, 43. Mann, Gother, General. Quebec, 1807. Opinion re Jesuits College, 12. Manners, Russell, Lt. Col. Soliciting allowance, 67. Manning, Isaac. Appeal from judgment of Prov'l. Court of Appeals re pine and oak, 95. Marcy, W. L, Gov'r, N. Y. Corr'ce re encouragement of insurrection, 455. Mariners. Relief of shipwrecked, 200. Marriages. Confirmed by Act of Legislature, 6, 108; proper registration of, 200. Marshall, Charles. Mentioned as Sol. General, 56; date on which salary to commence, 60; fees in criminal cases, 62; opinion re incorporation of Bank of Montreal, 86. Martial Law. To be proclaimed if .necessary, 442; proclamation of, 458, 563; terminated in Montreal Dist, 470; remuneration for Att'y. Gen'l. for services during period of, 478; proclaimed in Montreal Dist, 500; cessation of, in every part of L.C, 542. Martin, Guillaume. Case of, transmitted to Admiralty, 17; directions given for his release, 17. Martin, Michael. Claim of, for cutting timber for Chapman, 559; reply requested re claim of, 569; further information re- required re claim of, 579. Masson, Joseph. App't. to Leg. Council approved, 310; Bill of Exchange for fees of 318. Massot, Marie Françoise. Birth certificate j sought, 134. Masts. Letter re contract for furnishing to j Navy, 3; Levi Allen offers to furnish, 3; j supply of, 19; permission to cut, 42; difficulty of obtaining for R.N, 588. Matapedia, Lake. Road opened to, 205. Mathey, Frederick, Capt. Indictment against, 56. Mathieson, Rev. Alexander, St. Andrew's ; Church, Montreal. Needs of Scottish j Church in L.C, 431, 434; invited to Colonial Office, 435; complaints re adminis- j tration of King's College, 435; request of ; Presbyterians, 435. Mauritius, Island of. Same footing as a W. India Colony, 126, 129; banks established i in, 206. Maw, Robert. Permitted to settle in Canada, Mayerhoffer, Rev. V. P. Stipend for, 231. McAuliffe, John. Reason for rejection of petition of, 426. McCarmick, Wm, Lt. Col. App'td. to replace Hamilton in CB, 1. McClelland, James. Old Chelsea pensioner;. Application for land refused, 330. McCutcheon, John. Damages in War of 1812 refused, 216. McDermott, Anthony. Petition for land, 305. McDonell, Lieut. Enquiry re grant made to him in 1763, 313. McDonnell, Rev. Augmentation of salary, 43. McDougall, Col. 79th Highlanders. Re application of certain n.c.o's for free grants of land, 352. McEown, W. H. Claim for losses during Rebellion, of, 564. McGill, James. Member, Leg. Council, 35; trustee of College fund, 45, 47; his will. 47, 65; college building, 67, 79; difficulties over bis will, 138. McGill, Peter. Submits observations re B.A. Land Co, 291; app't. of, to Ex. Council, 519. McGill College. See under College. McGillivray, Wm. Approval of recommendation of, for Leg. Council, 35; seizure of, by HJB. Co.. 52. McGregor. Claims indemnification for destruction of steamboat, 562; final payment for loss of his vessel, the "Thames", 584. McGregor, Alex, Settler. Land grant to, 53. McGregor, Donald, Settler. Land for, 54. Mclntyre. Sale of Crown Lands to, 506. McKay, William, Lt. Col. Excessive charges for travelling, 172; expenses Montreal- Penetanguishene, 210; pension for widow refused, 278, 302, 357. Melbourne, William, Viscount. Administration dissolved, 318; address sent to, re value of Durham's work in Canada, 485; objected to app't. of Turton as legal adviser, 495 ; present with the Queen in Council Aug. 10, 1840, at Buckingham Palace, 576. Menzies, Lieut. Statement of expenditure carrying despatches, 103. Merchants. Duties imposed on fish imported from U-S, 8; disapprove erection of gaols, 9; memorial of Sir Alex. Mackenzie, re liability for personal debts, 10; complaints of Montreal, 19, 23; encouragement to Canadian, 24; complaint of British, re postal service, 25 ; memorial of British, re smuggling, 26; suggestions of Canadian, 34; memorial re trade with US, 67; memorial of Canadian, re rum, 89; oldest in L.C, 552. Merritt, Hamilton, Capt. Not to receive h.-p, 134. McKee, Mrs. E. Enquires for son said to have died of cholera, 273, 275. McKenzie, John. Authorized to build toll bridge over R. Jesus, 337. McKillop, Mr. Head of immigration party to receive additional grant, 159. Metcalfe, Sir Charles. Letter and memorial addressed to, by Charles Sheriff, 319. opened to Matapedia, 205. McLean, John. Asks grant of land, 175; land application refused, 270; renewed application for land, refused, 305. McLoughlin, Michael, late of 8th Regt. Grants of land refused to sons, 370 Mexico. Ships engage in British Colonial trade, 127, 132; specie obtained from, 425; sum remitted to Canada for insurrection expenses, 459. Michilimackinac. Capture of, 34; evacuation of, 43 ; communication from Schoolcraft, Indian agent at, 568. Middlesex County. Division of, into two o member ridings, 535. McNicol, J. Application to assume name and Arms of Nairne, 272; to assume name of Nairne, 300. McPherson, Mr. App'td. schoolmaster, Glengarry, '49. Mearns, Dr. Letter re Gov't, assistance to Milan. Treaty of, 31. Church of Scotland, to, 411; letter to, overlooked, 412. Midland District. Administration of the districts westward of, 536; erection of ward in hospital, 565. Mearns, Robert. Deposition of, re conduct of inhabitants of Anticosti to shipwrecked mariners, 164. Meccomber, Gervase, late interpreter at Caughnawaga. Retiring allowance to, 429. Medical Officers, military. Allowances for civil services, 477. Medicines. Filling requisitions for* 40. Megantic County. Land purchase in, 289; vote for public works in, 350. Meiklejohn, William. Re appeal brought by, representing estate of late Hon. Henry Caldwell, 350. Military Chest. Money taken from, after bankruptcy of Receiver-General, 93; defalcations paid to U.C. from, 99; authority to advance money for carrying on public service, 102; advances to pay Receiver General's deficit not to come from, 113; repayment of advances from, 115; claims for advances should not be insisted on, 147; and custody of public monies, 151; payment of Militia Staff and Contingencies of Province, from, 165; no funds for road building, 163; fees from grants of land to soldiers paid from, 184; for Colonies, 206; reports on amounts in, 211; Clergy Reserve funds in, 211; Montreal, Quebec, York and Kingston, 276; advance for militia pay, 299; treasury stationery acct. paid into, 325; repayment to, 339; certain debs to be paid into, 422; sum INDEX Milbu p-ants, 64. Rev. John. Going to Canada, 170. drawn from, in 1834 must be repaid to commissariat, 422; funds for mily. purposes, 423; in West India Command, 424; regular supply for mily. payments, not to be interfered with when civil payment Miller Linus Wilson Pol made, 425; bill drawn for Gaspard's allowance as Chief Comm'r. to be repaid into, 426; amount owing for stationery to be paid into, 454; question of paying sum advanced Col. Gore into, 477; inaccuracy in repaying, 519; repayment of advances for secret service, 515; paying half cost of conveying mail bag between Halifax and N. Y, from 563; treasury prescribes Taking out parties of i at Liverpool, 506. Miller, General. Suggestion re formation of Military Settlement in N'fl'd. from, 588. Mills, James S. Rev. Dr. Asks salary as Sec'y.; Royal Institution, 138, 155; re payment of arrears of his salary, 168; estate in Sillery, Military Forces. Monthly returns of distribution of, to be sent Colonial Office, 307; co-operation of naval forces with, 520. Military Reserve. Re licence of occupation of, at Grand Falls, Saint John R, 591. Military Salul 'e, 87. 18; Aci *« _ 1812, Î of, 22, 29, •A; further n to widoi 46, 82; vs and ; en [lie. of offici jrs, 43; provisions _ or law a tude nts 47; am luity anc L pension n îen and orfi( sers 47; im provemei at of, 55; changes m, 60; rmei it of offic ers,69;lan< i approp inat ions bet boc , 79; k, i lied, land gr: regulatio m, 137; n of, 98; < dismissal < d, 140; rep lesired, 140 rs, 149; di edress, 153; I grants tc devoted to undenominational college in Montreal, 172; legal decision necessary to question of title to, 172. St. Valier. Bridge over River du Sud at, 22. ; Salaberry de. Pension for daughters, 139, 150, 195, 454. Salmon Fisheries. Preservation of, 202. Salt. Canadian duty should be abolished, j 185. Sandom, William, Capt. R. N. Sent to take i charge of small flotilla, 453; re procuring j vessels on the Lakes, 511; re best method : of securing co-operation between naval and mily. forces in Canada, 520; express- I ing satisfaction at report of, 541 ; Admiralty rejects claim of, to Companionship of the Bath, 547; charges against Drew, 556; re building steam vessels for service on the Lakes, 575. Sargent, Mr. Commissiarat Dept, 238. Sargent, James. Lieut, and Bt. Capt. 87th ; Regt. Land grant, 238. Scaterie Island. British Gov't, to erect lighthouses on, 352. Scobie, Hugh. Petition re church matters, 433. i Scholefield, J, of Birmingham. Application re issuing copper coinage, 437. Schoolcraft, Mr. Communication re alleged efforts of British to seduce western Indians from, 568. Schools. Salaries for masters of, 121; grants promised, 219; grants withheld, 219; to be erected by Govt, 242; resolution re colleges and endowed schools in British Colonies, 358. Scotland. Immigrants from, 39, 40, 85. Scott, Winfield. Gen'l. VSA. Sent to L. Champlain to prevent violation of law, Scows. Inspection of, 23. I Scullin, Daniel. Enquiry re effects of, 581, . disposition of money from effects of, 591 Seal. New, with Royal Arms, 56; use of George Ill's, after his death, 74; new, for L.C, 1832, 278; 1839, 511; new one for Province of Canada required, 574, 580. Seaton, Lord (Sir John Colborne). Note from, on necessity of preventing US. aggression, 557; letter from re McGill College Charter, 559, 571; despatch re remuneration of Bishop of Montreal, 580; statement of reasons for removal of Lt. Col. David from Commission of the Peace, from, 581 ; letter re dismissal of D. Chisholme, from, 586. Secretan, Charles. Requests paper to maintain action against Collector of Customs, Quebec, 316; complaint against Collector of Customs at Quebec, 333, 351, 374, 399. Secretary at War. Instructions to re relief for "destitute pensioners, 512. Secretary of State. Protest re Maine boundary, 239; Forsyth, corr'ce. with British Minister at Washington re movement in L. Champlain district, 456; anxiety of, re protracted absence from U.C., of Chief Justice Robinson, 660. (US.). Note to, presenting reason for occupying Madawaska Settlement, 557. jSecret Service. Commendation for Craig's secret agent, 18; amount paid to Gore for, ! 477; question of payments to be made by Imperial or Prov'l. authorities, for, 477 ; £200 to Major Hall for, 504; payment for, | from Prov'l. Treasury, 515. Refused land Séguier, Baron. French Consul General, re property of Clément Petit, 87; French j Consul General, 101; makes enquiries about F. S. Bauch, 102; requests certificate of death of Lefèbre, Montreal, 103; requests information re Goudard, 109. Grant of municipal rights and privileges to, 537; power of Crown to commute tenure of portion of, 577. Seigniorial Lands. Rate of compensation | compared to that on tenure of houses, 1)10; grants to be made in free and common 80ccage, 113; tenure, land purchase under, 211. Selkirk, Lord. Issues warrant for seizure of j McGillivray, 52; his resignation asked for, 54; re trial, 54; disavowed fugitive from justice, powers of comm'rs. to investigate against, 55, 56; orders arrests of partners re murder of Gov'r. Semple, 59. re Sergeant-at-Arms. Salary of, 197. Seminaries. Endowment of, 370. Settlers. No further aid of provisions to, 3; their religious needs to be attended to, 3; plan for estabfishing, 39, 40, 41, 53; grant of land to F. Freiting, approved, 41; W. B. Felton and family desire to settle in Canada, 41; schools for Scotch, 42; muskets seized from Red River, 45; Welsh settlements, 45; supplies for, 48; cost of land grants to soldiers and emigrants, 50; in Hemmingford, Sherrington, Godman- chester, Hinchinbrooke, 50; sup'ts. of, 51; Alexr. and Donald McGregor, 53; from Perthshire for U.C., 64; T. Milburn and Major Leathart bring out, 64; from Hull for U.C., 67; h. p. officers as, 68; for U.C. 75, 92; Glasgow Immigration Society, 75; John White, 102; information of the situation as regards, 105; in Lanark wish to be relieved of their debt, 108; from Kerry, 136; coming from Connie, 153; to receive rations provided they keep road open for mails, 153; Resident Agent for superintending not necessary, 154; to collect debts due Crown by, 155; on settling establish- .- ment at Lanark, 157 ; Cornet John Mahon, 170; to be sent to Saguenay, 170; Major Wm. Rains, 171; sale of land in Australia to mily, 211; on Crown Lands, 239; discouraged by land regulations, 242. Settlements, Military. Creation of, on frontier on principle of volunteer battalions as most effective plan of defence, 530. Sewell, Rev. E. W. Salary question, 138; salary to, item in Ecclesiastical Establishment, 172. Sewell, Rev. H. D. Promotion not promised, 413. Sewell, Jonathan, Att'y. General and Chief Justice. Salary of, 11; app'td. Chf. Justice, 19; advice to Craig, 39; suspension for libel, 41; accusations against, 42; case before the Assembly of, 43; Trustee, Royal Institution, 47, 48; recommended to Gov'r., 48; trip to England for defence', 57; increase in salary, 59; draws up argument in case of Caldwell, 113; builds chapel, asks provision for incumbent, 113; extended leave of absence, 114; Chapel of Ease and payment of minister, 116; asks and receives grant of land, 154, 163; resigns from Ex. Council, 175; claim for circuit allowance, 398; pension for, 510; remission of purchase money recommended in land grant to, 527; pension for widow of. refused, 561. Sewell, Stephen. Suspended from office for criticism of Prévost, 48; instructions re, 48; applies for re-appointment, 51; restored to office, 51; his case before the public, 52, 53. Semple, Robert, Murder of, 59 H. B. Territories. Sewell, Wm. S, Sheriff. Renewal of leave to. Shadwell, John. Claim of, 399 ; letter re debt due him by Daly, 429, 453. "Shannon". Emigrants from Col. Wyndham's estates passengers on, 547. "Shannon", schooner. Rescue reported, 304. Shefford County. Act to establish Registry Office in, 229, 335; Land purchases in, /; Sale of-Crown Reserves and surveyed Crown Lands to B.A. Land Co. in, 311. Shepherd, Mr. Retiring allowance, 49. Sherbrooke, Sir John C, Gov'r. in Chief, L.C. Instructions re hostilities against US, 32; intelligence service in N.S, 35; invited to be firm with Legislature, 49; salary of, 52; secret and confidential letters.. .62; resigns on account of health, 63; re despatch sent in 1817 to, 265. Sherbrooke County. Salary of Sheriff, 107; Registry Office at, 229, 335; land purchase in, 289; sale of all unsurveyed Crown Lands to B.A. Land Co, 311; block of land to B.A. Land Co, 332. Sheriffs. Responsibility of, 3; Act to render sales of, less expensive, 98; salary of, 120, 198; inadequate security given by, means of protection, 142; to render accounts at short intervals, 151; Commissariat to accept balances from, 152; regulations for office of, 200; charges against, of Montreal, sustained, 393; charges brought against, of St. Francis, not proven, 394. Sherrington Township. Settlements in, 49; memo, of settlers, 80, 82; Act passed for relief of certain persons possessing lands in, 336; to be constituted a County, 535. Sherwood, Hon. George, Judge County Court. Application of, for retirement and pension approved, 561, 565. Shiel, Mr. Nomination to permanent Clerkship in Comm't, 586. Shillito. Sale of Crown Lands to, 506. Shipping. Account of fees levied on, 105; Act regulating vessels carrying passengers, 116; regulations for foreign ships into British Colonies, 125, 128; text of O.C. regulating trade and foreign, 128; pilotage and tonnage dues not always paid, 149; re plunder of Brig "Joseph", 163; O.C. regulations between Austria and British possessions, 171 ; Proclamation lifting restrictions on British Trade with U.S, 178, 179; inquiry re manner of appointing Admeasurers of, 589. Short, Rev. B. Q, Rector of Three Rivers. No fund for relief of his widow, 510. Shultz, Charles S. Place and date of death, 257; enquiries re estate of, 257. Shuter, James and James Jr. Pardon to, 313. j Sierra Leone. Black sailor boy thought to be j in Quebec, stolen from, 173. Signay, Rev. Joseph. Coadjutor to Bishop j of Quebec, 115. Sillery. Claim of Lorette Indians to Fief of, 430; Comm'rs. report on claim of Lorette I Indians to Fief of, 581. Simcoe Lake. Expediency of purchasing Indian lands near, 73. Simes. letter to, 556. Simon, Lieut. Solicits grant of land, 311. Simpson, Morris. Favour for services during I War, 1812, refused, 303. Simpson, Robert. Recommended for pension 151. Sinclair. To remain on Staff at Michilimack- § inack, 1. "Sir Archibald Campbell". Attack on, by I US. schooner, 517. "Sir Robert Peel". Destruction of, by an party from US, 477. Slaves. Claims for service of, by ownen three U.S. vessels, 519; seizure of, by I British officers at the Bahamas and Ber | muda, 519. Sluys, Jasper Vander. Settler, under regul ations and restrictions, 64. Smith. Land grant to, 71. Smith. Sir Carmichael, M. Gen'l, Gov'r. o I Bahamas. Wants repeal of Canadian sal I duty, 185. Smith, Catherine. Letter from, to her hus-j band in England, 584. Smith, Charles D, Col, Lt. Gov'r. of P.E.I I 33. Smith, Christian. Requests husband's death I certificate, 290. Smith, R. Vernon. Re protracted absence o I Chief Justice Robinson, 560. Smith, William. Chief Justice. Opinion > Quebec Act, 1 ; opinion re French and | British Laws, 3; letter to Nepean re sa 3; Hon. member of Council, 54, 90; ex-1 tended leave of absence, 114. Clerk of I Leg. Council. Cannot be granted retire-l ment with pension, 359; leave refused,! 396; will probably resign from Ex. J Council, 428; to retain particular dis-1 tinction, 442; wishes to receive knighthood, 459; re-app't. to Ex. Council refused, 538; no grounds for claim for compensation, 592. Smith's Falls. Failure of dam at, 158. Smuggling. Act for prevention of, 2; from VS., 26. Smyth, Sir James C, Col. To report on defence of Provinces, 103. Snell, John. Forfeits pay because a Societies. Petitions for free admission : for books, etc, for religious, 397; petition refused, 405. Society, Literary and Historical, Quebec. Incorporation of, 151, 215, 227; application to copy documents refused, 484. Montreal Constitutional. Address of, 357. Natural History, Montreal. Sum of money advanced to, 201, 229, 278. Philological. Asks for equivalents for Indian words, 292. Quebec Friendly. Act to. incorporate, 229. Shipowners. Notices from, 83. Society Propagation of Gospel. Pensions for retired missionaries or their widows, 36; sends out Bibles, etc, 103; endowment of rectories and parsonages, 104; Parliamentary grant to, 122; sending Rev. Miller to Canada, 170; to defray clergy salaries, 193; takes full charge of missionaries in L.C, 312; letter re salaries of Leeds and Abbott, 395; promises grant for support of clergy, 437; offer re grant to clergy cannot be accepted, 437; withdrawal of parliament- ry grant to, 545. Society, Universalist. Relief of, in Ascot Tp, 336. Soëlen, Verstolkde, Baron. Received by King 0f Netherlands, 204; receives boundary document, 204. Solicitor General. Marshall mentioned as, 56; salary for, 120, 190, 198, 236, 296, 381; expenses, 207; M. O'Sullivan, appointed, 286; opinion that late meeting of Legislature not a session, 438; opinion re trial of prisoners, charged with high treason, 456; competency of Court to try cases of treason questioned by, U.C., 509; Robert Baldwin app'td. as, 561; provisional app't. of C. D. Day as, 568; Royal Warrant for permanent app't. of C. D. Day as, 569; to be consulted in all matters of law affecting the Administration, 572. Somerset, Fitzroy, Lord. Colborne's despatches re affairs in L.C, 446; despatches re revolt in L.C. to, 451; letters to, re tranquillity in L.C, 452. 48872—45. BA 679 Sorel. Military claim right to Gov't. House at,. 372, 374; dispute between Gov'r. and mily. authorities over Gov't. House, 398; Gov't. House to be property of mily. authorities, 404; question of proprietorship of house not referred to Law Officers, 404. Spain. New settlers in Kentucky not to have intercourse with, 4; Treaty between England and, 1790, 4; declaration of war against England, 1805, 5; reasons for war, 7; cessation of war, 17; help to Spaniards, 18; peace between England and, 19; British and Spanish victory over French at Talavera. 21; Moore's movements in, 24; intercession for C. C. Burke, prisoner in Africa, 76; ships from, may engage in British Colonial trade, 139. Sparke, Rev. Dr. A. Member of Royal Institution, 48. Speaker. House of Assembly LC, Act to grant salary to, 49, 52, 197; uniform to be worn by the, 103. Spearman, Sir Alexr. Young, Secy. Treasury. Corr'ce. with Routh, 423, 424; re funds in banks for mily. purposes, 423; supporting credit of banks, 424; approving course taken re obtaining specie, 424; re financial situation in N.Y. and difficulty in obtaining specie, 424; supply of specie for payment of mily. forces, 425; instructions re use of money voted by Imp'l. Parliament for civil expenditures, 425; enclosing copy of instructions from Treasury to Routh, 425; expressing approval of arrangement of Customs Dept. to accept bank receipts in payment of duties, 426; financial transactions of Gov't, of L.C, 459; expenses incurred on account of insurrection, 459; re Durham, and expenses of special missions, 462 ; payment of Durham's expenses, 462 ; question of duties and P.O. revenues to be settled by Provinces, 477; Ordinances re banks, 488. Special Council. Passing of laws in 1838, 457; selection of members of, 465; opening of, 470; app't. of clerks of, 475; re imposition of taxes by Durham, 477; House of Lords requests information re, 479; request for authenticated copies of Ordinances passed by, 485; Ordinances oassed by Colborne re banks, 488; proceedings in Parliament re Ordinance of. 490; to pass Ordinance to form tribunals for trial of murder and treason, 492; L.C, Ordinance to banish prisoners, 494-5; enquiring names of, 501; HM.'s. approval of, 512; restrictions on re imposition of taxes and appropriation ot Prov'l. Revenue to be repealed, 516; Bill extending authority and prolonging existence of, to 1842, 520; salary for Chairman of, 537; B. Hart debarred from serving on, 552; Roebuck claims arrears of salary to be submitted to, 554; resolutions on re-union of two Provinces, 555; proceedings re certain Ordinances in, 566; Ordinance re Ecclesiastics of St. Sulpice, Montreal, within competence of, 578. "Special Service". Issues from Military Chest for Secret Service to be designated as for, 528. Spence, Mr. Hudson's Bay, outrage on, 78. Spencer, George John, Lord, Sec'y. of State, Home Dept. Acknowledges despatches 2 to 13, 1807, 10. Spong, W. Land price remitted to, 291. Spratt, Rev. George, St. John's Church, Quebec. Dissensions with other congregations, 68. Spilsbury, F. B. Capt. Comes with settlers from Hull, 67. Spring Rice. See Rice. Squatters. Information on the situation as regards, 105; right of pre-emption of land on which they are settled, 503; conditional right of pre-emption given by Durham's Proclamation to, 579. Stack, James. Enquiry about William Stack, 110; William, at Chambly, 110. Stamp Duty, 226. Stanley, Edward G. Lord. Notice of appt. to Colonial Secretaryship, 290; Heney app'td. to Ex Council, 290; GSullivan app'td. Sol. General, 290; re payment for tents, 290; re Gov't. Printer, St. Lucia, 290; pay for Capt. de Lorimer, 290; settlers from Arran, 290; re use of Chambly Canal, 291; asks returns of Crown Lands, 291; Forges St. Maurice lease renewed, 291 ; embargo on Netherlands vessels, 291 ; information re N. A. Post Offices wanted, 292; asks names of Ex. and Leg. Councillors, 292; re Judge Kerr's suspension, 292; free land grants to emigrants, 292; expulsion of Mondelet, 293; re Col. By's report, 298; case of Caldwell re rejection of Supply Bill by Leg. Council; address from inhabitants, Montreal, re Constitution LjC, 293-298; unable increase Reid's salary, 299; Judges' emoluments, 299; land in lieu of salary to Coffin at Three Rivers, 299; re casting vote of Speaker, 299; advance from Military Chest, 299; Civil Dept, stationery expense, 299, 302; defence Lt. Col. Mackintosh, 300; defence Capt. Temple, 300; emigrant tax, 300; accurate statistics wanted, 300; Mc- Nicoll to assume name of Nairne, 300; re summoning jurors, 300; wording of oath for Jews, 300; list of despatches, 300, 303, 304, 306; error in survey of Leeds Tp, 300; Gov'rs. to submit statement of Crown revenues, 300; disposal of water lots, Quebec, 301; Ogden demands law expenses, 301; directions for issuing Gov't, securities, 301 ; Prov'l. financial difficulties, 301 ; re stationery supply for Govt. Depts, 302; app't. of François Quirbuet, 302; duties between the Canadas, 302; relief j of Religious Congregations, 302; allowances to clergy, 303; Crown Land diffi- j culties, N.B., 303; regulations for custody of furniture for officers in charge of Colonial Gov't, 303; re claim of Fraser to compensation for land taken by Carillon Canal, and other petitions, 303; Christie's claim for loss of office, 304; acknowledges protest of app't. of Rev. Stevens as Chap- I lain of Forces, 304; encloses list of despatches, 304; re emoluments of Gov'r, 304; urging preparation and transmission I of returns, 304; re U.S. encroachments on N.B. territory, 304; approves Gov'rs. ] course re strengthening forces for emer- ; gencies, 305; Campbell app'td. Gov'r. of : N.S, 305; requires statement of Quarantine Regulations, 30; asks copies of papers j said to have accompanied petition of ; Assembly against Kerr, 305; no alteration o$ timber duties, 305; requests five complete sets of Prov'l. Laws from 1829, 306; S reasons for refusing Rev. Bethune compensation, 306; instructions to pay Mrs. i Campbell in lieu of land, 306; Address of j Assembly laid at foot of Throne, 306; : requests explanation of item in Land and i Timber Fund; charge for fees to Att'y. Gen'l. for free grants of land, 306; parti- I culars of land sales or grants between 1832 and 1834, 306; Address from Leg, Council had been laid at foot of Throne, ; 306; expresses approval of abstaining from dissolution, 306; monthly returns of distribution of forces be sent to Col. Office, 307; Acts confirmed by O.C, 1834, 307; succeeded by Spring Rice as Col. Sec'y, 307; agreement with B.A. Land Co, for sale of Crown Lands, 311; Major Johnson solicits land for self and other mem- ; bers of late Sir J. Johnson's family, 311; fixed terms on land reserved by Crown, 325; sum demanded for Civil List, 380; opposition to Municipal Clauses in Union Bill, of, 583. Stanstead County. Registry Office in, 229, 335; Land purchases, 289; agreement to sell land to B.A. Land Co, 311 ; relief of members of, Free Will Baptist Church of, 336. Stationery. Despatch for Civil Dept, LG. for 1812, 28; accts. for, 34; order shipped, 48; allowance for, Governor's office, 120; expense of, 299; supply of and payment for, 538; supply for Civil Secy's, office, L.C, 559; acc't. for supplies from L.C. in 1840, from, 592. Statistics. Relating to Province to be furnished, 300; authority to purchase copies of Topographical Map and Statistical Tables pubd. by J. Bouchette, 303. Stayner, Thomas A. D'ty. P.M.O. and Usher of Black Rod. Salary and emoluments, 396, 397; report re best route between Quebec and Halifax, 518; re illegal carry- ing of letters, 521; note re expense of mail coaches between Halifax and Pictou, 585. Steam Communication. Arrangements for estab't. of, between Great Britain and B.N.A, 518. Steamship. Treasury sanctions provision of for service of Gov'r. Gen'l, 551 ; building of, for service in the Lakes and protection of western frontier, proposed, 575. Stephen, James. Re P.O. in L.C, 396, 397; probability of US. withdrawing objection to proposed railway, 413; corr'ce. with Com'y. Gen'l. Routh, 423, 424; copy of instructions from Treasury to Routh, 425; approval of arrangement of Customs Dep't. to accept bank receipts in payment of duties, 426; answ.r to petition of Morris, 432; requests made by Presbyterians, 435; re administration of King's College, 435; promise of SPG. for support of clergy, 437 ; re secret committees for assisting insurgents, 451; expenses incurred on account of insurrection, 459; Durham and expenses of special missions, 462; question of duties and P.O. revenues settled by Provinces. 477; Ordinances re banks, 488; P.O. Act of NS. enclosed, 489; objections to P.O. Act of NS, 489; instructions to, re relief to indigent persons, 515; letters of J. Backhouse re Maine Boundary, 516; re payment of fixed salary to Chairman of Special Council, 537; letter re making Montreal à Free Port, 582; leter to re mode of dealing with revenues from Clergy Reserves, 583. legacy for endowment of McGill College, 398; Mathieson's complaint re administration of King's College by, 435. Strachan, Sir Richard. Victory of fleet under, 7. Stuart, Andrew. Memo, containing objections to Federal Union, 466; app't. as Solicitor General, 501, 505. Stuart, C. Requests encouragement for transportation of wheat and flour to Lisbon and Oporto, 33. Stuart, James. App'td. Att'y. Gen'l, 101; and popular party in Assembly, 53; extension of leave, 256; seeks redress, 267; deprived of income, 267; degraded from office, 267; charges against, 267; protests Gov'rs. language, 269; suspension of, 277, 280, 281 ; app'td. successor to Chief Justice Sewell, 501; Chief Justice of L.C, 505; declined seat in Special Council, 512. Stuart, Sir John, M. Gen'l. Victory gained at St. Euphemia, 9. Stuart, John, Advocate. Provisional app't. to Ex. Council, 427, 428; to remain in Ex. Council, 428; Chief Factor in HB. Co, testimony re Hare Indians, 466. Subsidies. For the House of Assembly, 1805, 7. Sud, Rivière du. Bridge over, 22, 39, 79, 84. Sud-Ouest, Rivière du. Bridge over, 79. Sugar. Trade with Bermuda, 24. Sullivan, Hon. R. B. Opinion re theological professorship in Queen's University, 582; claim of, for loss due to misconduct of subordinates, to be remunerated for extra services, 585, 591. Stevens, Rev. Explanation of his reapp't. as Chaplain of the Forces and evening lecturer at Montreal, 304. Stevenson, John. M.D. Professor Medical Faculty, McGill College, 270 Stewart. Comm'r. for Jesuits Estates, 169. Rev. George O'Kill. Distribution of Bibles at Kingston, 66. Stewart, Archdeacon at York, U.C., 79; grant of 2,000 acres to, 79. Stewart, James, Asst. Sec'y. Treasury. Warrant to pay Widow Cressé, 152j Kerr's complaint as to perquisites, 164; re Treasury Minute, 275. Stinson, Rev. President of U.C. Conference. Letter from, 579. Stopford, Robert, Rear-Admiral, RJN\ Capture of Batavia. 28. Strachan, Rev. Dr. J. Salary of, 43; distribution of Bibles at York, 66; claims re i Estates. Resumption of, by Crc Sulpic 74 Sunday. Prohibition of sale of merchandize and spirits on, 12; observance of, 21, 37, 70, 79. Supply. Assembly votes on Bill not satisfactory, 106; Assembly fails to vote for all salaries, 107; right of Assembly to vote, 109; division of revenue for salaries, 112; amount collected for Civil Gov't, from Duties, Fines, Postage, etc, 118; Assembly has right to vote nearly all supplies, 141; measures taken re payment of Militia Staff and Contingencies of Province, 155; instructions if Assembly pass another Bill of, 160, 161 ; Bill passed by Assembly not legal, 160, 161; for Civil Gov't, to be voted by Legislature, 184; granting, by L.C. Assembly, 362, 364, 365; Assembly refuses to grant, 366; dissolution of Assembly if it refuse to grant, 369 ; Assembly requested to grant, 369; Assembly requested to grant, and thus make 8th Resolution unnecessary, 408, 420; if Assembly does not vote, arrears to be paid out of fund voted by British H. of C, 421; Gov'rs. wishes re final appeal to Assembly for, 423; Bills, L.C, 260; appropriation of, 260; instructions on, Bill, 260; irregularity in framing, Bills, 260; Bill rejected by Assembly, 260, 293; H.M. assent to, Bill, 261; address re Bill, 261; Bill passed, 262; objects to be specified, 262; Bill of 1833, 295; expenses of Gov't, 1833, paid from Crown Land revenue, due to failure to pass, 305; promise to make payments from Military Chest due to failure of Assembly to pass, 314. Survey. Letter to B.A. Land Co. re their demand for Gov't, surveys, 429, 430; to be made of harbour at Port Dalhousie, 469; to be made of ways connecting L. Erie with Atlantic Ocean, 484. Surveyor General's Dept. Post of Dt'y. revived, 110. Surveyor General. Bouchette's son to be deputy, 110, 114; fees of, 150; to receive payment for tour through L.C, 155; salary of, 198; all surveys to be deposited in office of, 332; annuity to late, 381. of Woods. Office in connection with granting lands, 159; offices of Comm'r, of Crown Lands, combined with, 171. Surveyor of Lands. Office established, 5. patches 27 to 49; transmits copy of Treaty of defensive alliance between Great Britain and the States General of the United Provinces, 4. Symes, R. Quebec Emigrant Society. Corr'ce. re, 27; re influx of indigent immigrants, 257. "Tacks." Use of, as Parliamentary method j objectionable, 295. Tarifa. Victors' of, 29. Taschereau, Jean Thomas. Intercedes for Charles C Burk, 71; bridge over Etche- min R, 84; appt'd. Judge, 124; app'td. to i Leg. Council, 135; to resign, 209; death | of, 274. Tattersall, Richard. Recommended by Lord I Palmerston, 370. Tax. On emigrants, 271; limitation re impo- \ sition of, 460; British in L.C. object to French regulations re, 472; imposed by Durham and Special Council, 477; imposition on uncleared land and collection of, 530; difficulties of imposing, on uncleared land in UG, 530. Taylor, Rev. App'td. Presbyterian minister, Argenteuil, 56; prefers to go to Osnaburgh, Swanton, Vermont. Defeat of insurgents from, Taylor, —. Re allowance to widow of, 9. Sweden. Treaty of peace between England and, 19, 33; ships of, engage in British Colonial Trade, 127, 132. Sweeney, Campbell. Settler land to, 73. Sydenham. Transmitting extract re Queen's College to be communicated to Governors, 582; transmitting opinion of Sullivan re theological professorship in Queen's University, 582; autograph draught of reply to despatch No. 267, by, 586. Sydney, Thomas, Lord, Sec'y. of State. Transmits copy of Treaty Sept. 2§, 1786, between Great Britain and France, 1; requests enquiry on growth and transportation of hemp, 1; acknowledges despatches 1-9 and expresses pleasure at reception accorded Dorchester, 1; transmits copy of Act for better auditing of accounts; also Act re VS. trade, 1; request report on manufacture of rum from foreign molasses, and rum by Quebec distilleries, 2; transmits copies of three Acts re U.S, 2; re app't. of Dr. Charles Inglis as Bishop of N.S, 3; transmits report of Law Officers on Chief Justice Smith's interpretation of Quebec Act on Civil suits, 3; acknowledges despatches and expresses gratification at reception of Prince William Henry, 3; despatches to be forwarded by post by way of Halifax, 4; acknowledges des- Taylor, George. Colonel. Land grant to, 71. Tea. Smuggled into Canada from US, 26; from China to N.A. Colonies direct, 100; proposed duty on, withdrawn, 575. Tea Trade. To be dealt with in Customs Bill, 570. Telmesse. Rev. Jean Jacques Lartique, Bishop of. To be second Bishop in L.C, Temiscouata Lake. Under jurisdiction of L.C, 171. Temple, Henry. Capt. 15th Reg't. of Foot. Baii for, re trouble in Montreal, 273; re arrest of, 280; defence expenses paid, 300; grant of land, 415. Tenants. Act respecting, 200. Tenure. Law for mutation of, hitherto proved inoperative; reasons asked, remedy suggested, 144; Acts on land, 213, 215; soccage laws, 1774, 220. Terrars. Salary of Clerk of the, 122, 133; office in connection with granting lands, 159. Terrebonne. Toll bridge over R. Jesus built opposite to or near village of, 70, 337; app't. of Lieut. J. Mackenzie as Clerk of Court of Requests, at, 565. Têtu, Mr. Miss trict of, 525; dismissal of Chisholme as Clerk of Peace and Coroner, for District, 586. Tiarks, Dr. Re Caughnawaga church bell, 214. u, Mr. Mission to England with petition too from Quebec against Union, 567. "' Tickets of Leave. Political prisoners entitled to, after two years' hard labour on roads, "Thames". Final payment to McGregor for loss of vessel, 584. Thavenet, Jean Baptiste. Priest of Montreal Seminary, to Sherbrooke, 86. Thomas, Charles. Prothonotary at Three Rivers, 57. Thomas, Patrick, Lieut. Settles in Canada, 173. Thomas, Tracy. Reply to application, for position of Comm'r. of Crown Lands, 454; seeks position for son in Com't. Dept, 524. Thompson, David. Application for position as Surv'r. Gen'l. of U.C., 374. Thompson, John Gawler. App'td. Judge Gaspé District, 124; case against, referred to Privy Council, 397. Thompson, R. Customs Officer, 25. Thompson, Tannet H. Re arrears of salary, 494, 515. Thompson, William. Succeeds Woods as Clerk of Crown and of Supreme Court, NS, 3; leave of absence, 28. Thomson, Rt. Hon. Charles P. App't. as Gov'r. of U. and L.C,NS,NB.andP.EI, and Capt. Gen'l. and Gov'r. in Chief of B.N.A, 527; Instructions to, 528, 534; address presented to on arrival in Toronto, 555; re payment from Military Chest half cost conveyance mail bag between Halifax and N.Y, 563. Three Rivers. Re the Common of town of, 13; King's Bench Court in, 16, 69; hospital in, 22; jail at, 29; police regulations, 30, 39, 46, 69; bakers' regulations in, 47, 70, 78; salary of Judges at, 48, 50; Prothonotary at, 57; Court House, for dist. of, 69, 88; Common of, 69; criminal jurisdiction, 88; civil salaries, 120; minister's salary at, 123; Chairman, Quarter Sessions asks, pension, 186; salary of clergy, 193; appropriation for insane and destitute, 202 ; Act relating to, 227; judicature of, 227; boundaries of district, 228; address of inhabitants to King, 311, 330; money for charitable institutions, 336; charge against Clerk of Peace at, 394; Clerk of Peace dismissed, 395; retiring allowance to Interpreter at, 429; place suitable for erection of works half way between Quebec and, 444; app't. of ass't. Judges for Dis- Tide Waiter. Burland app'td. at Montreal, 139. Quebec. Salaries of, 230. Tierney, Bartholemew. Dismissed Customs Officer, 212; app't. Collector of Customs, Coteau du Lac, 230; Mrs. writes to Hay re her husband, 212. Tiffany, George S. Reply to (et al), of Lt. Gov'r. re Hamilton meeting, 539. Timber. From US. admitted free, 31; in NB. cut for private use, 51; importation of, 62; cut in US. territory, 75; floated down Lachine Rapids, 76; exported to England, 76; judgment of Court of Appeals re pine and oak, 95; survey of pine on Ottawa R, 108; to provide salary Secy, of Royal Institution, 138; revenue from fund, 192; trade protection changes, 210; scale of duties on, 211; duties in N.A, 212; Baltic States duties, 212; duties on foreign, 212; on NB. rivers, 303; claim of M. Martin for cutting, 559. Tindal, N. C, Law Officer. Opinion of, re form of app't. of R.C. Bishop, 112. Tithes. Commutation of per rent-charge irrespective of faith of land owner, 554. Tithe-owner. La Canada, 554. Tobacco. Seizure of, on Carleton Island, 85; duty on entering England, 96; duty lessened on, 279. at, sent to of right of property : Toomlah, Nepal. Rice gro Canada, 493. Toronto. Archdeacon of, to be consulted re estab't. of rectories, 433; grants of land to churches in, 434: visits to, for conference with Lt. Gov'r. 532; one member for City of, 535; Civil officers to reside at, 536; D'ty. Gov'r. to reside at, 536; gift to Anglican Church in, suggested, 546; no public assistance to church building in, 546 ; questions arising re terms of Royal Comm'rs. 549; arrival of Gov'r. Gen'l. at, 555; contract for building Gov't, offices in, 562; Treasury to pay expense of conveying despatches between Kingston and, 590; congratulatory address to Queen on birth of Princess Royal from citizens of, 591. Xownsbend. Temporary command in PEL, 33. Townships. Information of situation as regards, 105; legal powers for, 220. Trade and Commerce. In West Indies, 1; British Colonies and U.S, 1, 2; treaty between Great Britain and France re navigation and, 1; commercial intercourse on L. Champlain, 3; no importation of foreign European manufacture or spirits, 3; O.C re intercourse with VS., 3; permit given to Anthony Felicity to trade in Canada, 5; regulation between Canada and U.S, 6, 12, 13, 16, 22, 24, 27, 29, 37, 47, 50, 59, 60, 82, 84; vessels trading between two French ports, 10; lumber trade, 22; between Canada and British Colonies, 24; treaty between Canada and UjS. expired, 24; with Bermuda, 24; between Canada and VS., smuggling of E. Indian products, 26; lumber trade, 30, 38; resumption with U.S., 44; between U. and L.C, 60; memorial of merchants re trade with VS., 67; Canada Bill, 87; Act regulating, 91; memorial re duties on brandy, 91; duties on U.S. vessels and cargoes, 92; leather and duties, 94; heavy charges on British, 96; Act relating to, with US, 96; Acts regulating in Colonies, 104; accts. of fees levied on, 105; Britain limits, with U.S, 110; importation and warehousing of U_3. flour, 115; OG. regulating, between HM.'s possessions and foreign countries, 124; O.C. regulating, 128; O.C. regulating, between Austria and British possessions, 171; U.S. ships to engage in Br. Colonial trade, 176, 179; U.S. lifts restrictions on Br. trade, 176; between W. India Colonies and U.S., 181; between US. and W. Indies, 210; regulations re, 210; in British possessions, 210; Act to regulate, 213; regulation by Parliament, 219, 220; intercourse, Halifax-Quebec, 228; provisions should be made for regulation of, 403; in N.Y, 424; cash payments dependent on revival of, 425; removal of restrictions on, 541. Trade and Plantations. Committee of Privy Council for representations of merchants, 23; the same on postal service, 25; Bill amended at request of Canadian merchants, 34; Revenue Act, 43; trade with Uj8., 44. Trafalgar. Account of battle in Gazette; grief at Nelson's death, 7. Translator. Public documents, salary of, 197. Transportation. Subsidy to steamboat, 71. Treason. Re trial of persons charged with, 456, 457, 458, 463, 464; REM. Bouchette under charge of, 458; H. of C requests information re persons convicted of, 479; convictions in U.C., 489; tribunals for trial of murder and, 492; death sentences in certain cases of high, 506; irregularity of arrests in Montreal District, 513; persons imprisoned for, since Nov. 1, 1837, 514; number of persons convicted of, 547; continuance of Ordinance re persons charged with, 555; H. of C asks for list of persons indicted since 1838 and tried for high, 565; nan prisoners in L.C. charged with, 567. Treasury. Indian stores and, 25; seizure of coin and bullion found on U.S. vessels, i 34; VS. property seized, 35; services of Com'y. Gen'l. Robinson commended, 40; repairs to Cathedral Church, Quebec, 44; extraordinary expenditures, 50; Minute re maintenance of Rideau Canal, 276 ; instruc- j tions re Gov't, securities, 301; Minute of 13 Oct. calls for returns of pensions, etc, ; 354; monies paid into, 390; decision re j assistance to commuted pensioners, 515; re estabt. of steam communication GJB. and B.N.A. and postal route between Quebec and Halifax, 518; difficulties of Prov'l, 532; Bill for issue notes to amount of £250,000 not confirmed, 532; collection of arrears on sales Clergy Reserve lande 546; reasons given for not confirming Currency Bill, 553; refund of field allowances to officers serving in 1837, not required by, 555; re payment in money of relief to mily. pensioners, 568; re alteration in system of ports of entry in U.C. from, 566; re systems of postage of letters, 566; correspondence re supplies of equipments to Volunteer Force in UG, 566; measures to remedy irregularity of payment of grant to Church of Scotland taken by, 579; re improvement of routes of communication, 587; re manner of appointing Admeasurers of shipping from, 589; re expenditure apparently for barracks at Windsor, U.C., 589; re steam service between Pictou and Quebec, 590. Treaty. Navigation and commerce between Great Britain and France, 1 ; with Vermont, 3; between England and Spain, 4, 19; Defensive Alliance between Great Britain and States General of United Provinces, 4; of peace between England and Sweden, 19; trade treaty between Canada and VS., expired, 24; of Berlin and Milan, 31; with Russia and Sweden, 33; peace with France, 39; with VS., 42; of Ghent, 43; of 1783, re boundary line, 277. Trevelyan, Charles Edward, Treasury Sec'y. Re petition to make Montreal a Free Port, 582; mode of dealing with revenues from Clergy Reserves, 583; letter to Stephen re employment of second steamer between Quebec and Pictou, 588. Trial. Act to extend benefit of, by jury, 200; summary, for small causes, 200; of public officers, 266; of insurgents, 456, 457, 458, 463, 464; re changing place of, 458; proposal for altering law to be- made to Special Council, 464; of political prisoners differed until Durham's arrival, 470; tribunal for Judges, 265; of ordinary insurgents before ordinary tribunals, 456, 457, 463, 464; power of erecting national tribunals, 467; tribunals for murder and treason, 492. Trinity House, Corporation of. Request re chart of survey of St. Lawrence R, 359; Ordinance for incorporating of, 557. Turcotte, Narcisse S, Clerk of Peace, Three Rivers. Succeeds to position held by Chisholme, 405. Turton. Executive Councillor and Legal Ad- Tuscany. Under French domination, Letters j of Marque, 14. Two Mountains Lake. H. M.'s troops successful against insurgents near, 45. Under Secretary of State, Colonies. Appointment of R. W. Hay, 104. Home. Letter from, 525. Uniacke, Norman F. App'td. Atty. Gen'l. ! L.C, 19; leave of absence, 28, 75, 77; resignation desired, 51, 56; app'td. Justice, I King's Bench, 101; leave extended, 108. I Uniforms. Governor's, 101, 102; by whom to I be worn, 103. Union. Of U. and L. Canada, 87, 89; approval and disapproval from Quebec, 90; opinion re question of precedence in proposed Bill, I 95; objections of B.N.A. Provinces, to federative, 466, 467, 468; British of L.C. pe- I tition for Legislature of the Canadas, 474; I views of people concerned in Bill to be ! ascertained, 522; persons of weight and [ importance to frame articles of, 529; discussion of contested clauses of Bill in- I creases opposition and hazards tranquillity of Colony, 535; attitude of people in Provinces to Bill, 535; effect of Bill on [ religion, 546; fullest expression of opinion I desired, 557; opposition of Chief Justice Robinson to Bill, 560; importance of early [ settlement, of question, 561; petition of I British and Irish residents in Quebec re j question of, 561; moderate men in L.C. I favourable to, 561; changes in Bill from I draft prepared by Gov'r. Gen'l, 562; in- I tractions for a Constitutional Gov't, under I Act, 571; authorizing proclamation of, 572; ! Royal assent given to Bill, 572; re omis- ! sion of municipal clauses from Bill, 583; j no further measure necessary to empower j Gov'r. to carry out Act of, 585. ■United Kingdom. Distinction between Con- I stitution of and that of Colonies, 542; I best mode of establishing cordial connec- I tion with, 572. [United States. Trade between British Colonies I and, 1; danger of, moving against treaty I ports, 1; and House of Hanover, 2; rum I imported from, 2; O.C. re trade inter- I course with, 3; exportation of peltries I prohibited to, 3; no fishing rights on St. I Lawrence for, 3; importation of bread and 685 flour in British ships allowed for Canada, Labrador and Nfld, from, 4; trade regulations between Canada and, 6, 12, 13, 16, 22, 24, 27, 29, 37, 47, 60, 82, 84; defence measures against, 15, 18; ports of, 17; trade treaty with Britain expired, 24; trade with India and China, 26; smuggling from, 26; postal service, 27; hostile intentions of Indians towards, 28: mily. defence against, 30; duties on goods from, 31; J. Henry and cause of War, 1812, 31; vessels and their cargoes, 32; ships to be detained when in British ports, 33; declared war, 33; coin and bullion seized on vessels of, 34; proclamation against Canada, 34; war prisoners and Mitchell at Halifax, 35; property seized, 35; special duties for war purposes, 36; war measures against, 38; Money Bills for war against, 38; unwarranted imprisonment of Americans, 41; peace with, 42; resumption of trade with, 44; duties on account of war with, 46; diplomatic relations with British Envoy, 46; boundaries between Canada and, 48, 89; resumption of trade with, 50; and Indian territories, 52; provisions from, 54; friendly disposition of, 55; settlement on Columbia River, 62; memorial of merchants re trade with, 67; staves from, 85; Act relating to trade with, 96; claim free navigation on St. Lawrence, 100; claim Barnhart's Island, 100; limited in trade with British possessions, 110; can import goods only into N.A. Provinces, 127, 130; demands surrender of islands in Great Lakes and St. Lawrence, 139; demand for delivery of, citizen, accused of slave stealing, supposed to be in Montreal, refused, 159; lifts restrictions on British trade, 176; ships permitted to engage in British Colonial trade, 176, 179; proclamation throwing ports open to British vessels, 178; renewal of trade between West India Colonies and, 181; boundary decision protest by Minister of, 204; frontier of, 205; commercial intercourse with, 207; land regulations in, 241; rejects boundary award, 276; proposed railway from Quebec to St. Andrews, N.B., 357; objections to proposed railway, 413; Bank of, not in control of issue of bank paper, 424; re shipping of arms to Canada from, 447; insurgents in L.C. from Vermont, defeated, 451; no offence should be given to, 452, 455, 463; anxious to restrain citizens from interference in insurrection, 452; attitude of Gov't, to insurrection in LjC, 455; action taken by Gov't, re insurrection sympathizers in L. Champlain district, 456; attempt at invasion from, 459, 463; return of refugees from, 466; history of projected confederation of old British Colonies, 466; inquiry re citizens of, charged with participation in insurrection, 470; measures taken by Canada for defence of frontier, 477; destruction of "Sir Robert Peel" by armed party from, 477; state of navy, 477; accepts Rush- Bagot agreement re armaments, 478; President accepts agreement re armaments, 478; agreement with, re restriction of forces on G. Lakes, 478; co-operation in preserving peace, 478; good will towards Durham of, 484; projected fortifications, etc, in Maine, 485; outrage on British vessel by schooner of, 487; Gov't, informs British Minister re preparations for attack on Canada, 490; communication to Gov't, of, in case of retaliating incursions from Canada, 502; security as against, in establishing postai route between Quebec and Halifax, 518; indemnities to sufferers from hostile incursions from, 533; elective institution of, 537; letter to President, from Gov'r. of Maine denouncing British occupation of Madawaska Settlement, 557 ; Sec'y. of State replies re alleged infraction of NJB.-Maine agreement, 558; terms of remonstrance re encroachments on disputed territory, 558; improved feeling toward Canada, in, 560; steamboat destroyed by brigands from, 562; provisional arrangement re N.E. Boundary with Gov't, of, 564; ease of employment for emigrants to, 568; complaint re outrage» on Americans at Chippewa, of, 588; re conditions of continuance of presents to Indian visitors from, 590. Urborne and Benson. Contractors for masts, Ursuline Nuns. Claims for compensation for land belonging to Seigniory of St. Croix recognized, 30; lands disposed of by error, Usher of the Black Rod. Explanation demanded as to why Dty. P.M.G., holds position of, 396. Vaccine. Act to encourage innoculation by, 46; money for, 69, 89. Vail, Aaron. To enquire into case of Americans charged with participation in insurrection, 470. Vallerand, F. Treasury cannot grant him pension, 403; subject of pension referred to Admiralty, 403; cannot be granted pension by Admiralty, 404. Olivier. To succeed Coulson as Sergeant of Arms of Assembly, 437. Vallières de St. Real. Succeeds Bedard as Judge, 156; wishes same footing as Judges of King's Bench,, 168; complains against proceedings of Court of Quarter Session, Three Rivers, 317; re granting Writ of Habeas Corpus contrary to law, 511; removal from Bench not warranted, 524-5; reinstatement of, inexpedient, 537. Valotte, Henry. Information requested re, 454. Van Buren, M, VS. Secy, of State, 179. Van Diemen's Land. Banks <_ 206; compulsory detention of Canac_a||l prisoners as convicts in, 526; plan re | Church of England in, 546; prisoners from U.C. destined for, 552; arrival of H.MS, "Buffalo" with male convicts from U.C., 567; Gov'r. authorized to grant tickets of leave to political prisoners, 583. Vanfelson, George, Advocate General. Salary | of, 94; succeeded by Hamel, 274; claim | acceded to, 405; provisional app't. to Ex. I Council, 427. Varrenne, Joseph de. Widow claims pension, 371. Vassal de Monviel, François, Col. Allowances I to, as Adjt. Gen'l, 48; enclosing memorial with account of services, 48. Vaughan, George, Lieut. To settle in Canada, I 173. Vaughan, Sir John. Protests on Maine boundary decision reached at Washington, 239. Venetian Islands. French Consul at, 4. Vermont. Treaty with, 3; insurgents in L.C. from, defeated, 451. Vernet, Major du. Re new canals, 152. Verney, Sir H. Seeks information re John Clifton, 299. Verrault, François. To build bridges over rivers Chaudière and Etchemin, 84. Vessels. Embargo on Prussian, 8, 9; trading between two French ports, 10; British. Im Russian ports, 14; sold to neutral, 14; U.S, and their cargoes in 1812, 32; US, detained when in British ports, 33; 'cggM and bullion seized on US, 34; Letter»|gfl Marque for merchantmen, 35; Açt'fHH regulate carrying of passengers, 116, 406; steam dredging, 227; embargo on Netherlands, 291 ; re substitution of steam for sailing, 489; list of, requested for the Admiralty, 581. "Vestal", H.MjS. Transportation of exiles to Bermuda in, 486; exiles promise not to try to escape from, 487. Vice-Admiral. Commission to Colborne as, 504. Victoria. Succession of as Queen, 1837, 413; congratulation from, on complimentary address to Colborne from U.C. LegislatuMl 519; fixed determination to maintain connexion between her subjects and United Kingdom, 534; way of earning approbation of, 544; gift from, to church in Toronto suggested, 546; approbation of Govr's. Speech at opening of Legislature, 555; address from German Society of Montreal, to, 579; birth of a Princess, 586; congratulatory addresses on birth of Princess Royal, 591. Viger. Hon. Denis-Benjamin. Requests land licence to Girouard, 140; sent to England, 267; Agent for House of __sernbly, 267; re election riot, 273; asks report magistrates' proceedings, 273; severity of treatment with others in custody to, 527; his unconditional release approved, 569. Vilain, Rev. Auguste. Enquiry as to fate of, 547. Villegrand, François. To receive pension but no land grant, 399. "Vindicator", Montreal newspaper. Account of meeting denouncing conduct of Ex. Gov't, and Imperial Parliament, 416; account of discussions at public meetings re Resolutions passed by Imperial Parliament, 426. Voger, P. Deci: s petition unaltered, 395. Volunteers. Raising and arming, 500; augmentation and continuance of to be discouraged and prevented, 530; supply of arms, accoutrements, and clothing for, 548; recent enrolment of corps at Quebec, 559; expenses of corps at Quebec, 567 ; re supplies of equipments to in U.C., 566; application for equipment and clothing in hands of Board of Ordnance, 577. Wadley, William. Asks land at Kingsey, 303. Wales. Settlers from, 45. Wales, Prince of. Appointed Regent, 25. Walker. Murder of, 513. Walker, Mrs. Right to pension lost on account of re-marriage, 564. Walker, David, M. Gen'l. Settler in Canada, 173. Walker, William. Settler, 75. I Wallace, Letitia. Request for land refused, 306. War. Declared by Spain against England, 5; reasons for, with Spain, 7; between England and Denmark, 14; with Spain ends, 17; with US, 18, 31, 33; measures re U.S, 38; special Money Bills, 38; duties, 46; of 1812, co-operation of Indians, 355. War Office. Inquiry from, re emoluments of Capt. C Wetherall as Stipendiary Magistrate, 552; inquiry from re Major Hall, 555; request re app't. of Lieut. J. Mac- Ijjp-Hne, Clerk of Court of Requests, Terrebonne, 565. Ward, Cornelius. Information requested of, 475. Ward, James. 27th Foot and 12th Veteran Battn, 292; application for exchange of land, 292, 303. Ward, W. R. Seeks information re Cornelius Ward, 475. Warrants. To U. and L.C, 35; payments to be authorized by Gov'r. Gen'ls, 461; issue of Royal, for Commission for trial of offences at sea, 515. Washington British Envoy at, 31. 46; decision on boundary, 239; British Minister at, to watch for and prevent sending of arms to Canada, 447; action of US. Gov't, re insurrection sympathizers in L. Champlain Dist, 456; despatch re US. Navy, 477; Grey's mission successful, 477; news re preparations on frontier for attack on Canada, 490; despatch to, re seizure of US. schooner "G. S. Weeks," 538; re re-occupation of Madawaska, 553; despatch to, re encroachment on disputed territory, 558; report of British Comm'rs. on N.E. Boundary to be sent to, 564; instructions as to boundary question to, 568; corr'ce. re N.E. Boundary with, 581. Watch and Night Lights. To be established in Quebec and Montreal, 97, 201. Waterways. Surveys for connecting L. Erie with Atlantic Ocean, 484. Watson. Robert Leonard. Pris pool, England, 506. Webster, Alexr. Capt. Land grant to, 66. Weir, Robert. Settler, 611. Weller, Wm. Contract for conveyance despatches between Montreal and Kingston, 583. Wellington, Duke of. Operations in Portugal, 27; captures Badajos, 31; captures Madrid. 34; re boundary question, 205; copies of works published by Records Commission wanted, 318; as First Lord of Treasury, 1834, 318. Wentworth Township. To be constituted a County, 536. Western Districts. Administrators of business of, 536. West Indies. Trade with foreign islands, 1; complaints of planters against Quebec distillers for importing molasses from. US, 2; Nfld: fish in, 8; enemy's Colonies in, 14; exports to, 19; representations of merchants, -3; goods from U.S. to, are limited, 110; renewal of trade between US. and Colonies, 181; trade with N.A. Colonies to be protected by system of duties, 182; trade with US, 210; trade and duties with, 216; instructions to naval officers in, 279; Military Chests in, Command, 424; methods for regulation of currency in, 553. "Westmorland". Report re complaints of passengers on, 587; further enclosures re, 588. Wetherall, Charles, Magistrate. Report on app't. of R.C. Bishop, 112; applies for h.-p. while serving in civil office, 553. Wetherall, George Augustus, Lt. Col. 2nd Battn. Royal Regt. Petition for land grant, 395; HM.'s appreciation of zeal of, 443. Wharton, R. Treasury Chambers, London. Ships goods to complete supply of Indian stores, 26; sends stationery for civil dept. L.C, 28. Wheat. Exportation of, to HM.'s sugar Colonies in America, 2; seed supplied to poor, 12; from U.S. admitted free, 31; transported to Portugal, 33; average price of, 106; relief of poor in loan of, 200; duty on when grown in U.C. and exported to US, 575; (flour, etc.), re admission into Great Britain free of duty, 586. . from office of William Henry. Clergy salary at, 18, 123, j 193 ; continuance of salary of Rev. Ander- I son, Rector of, 552, 563. Williams. Reception and distribution of emigrants, 215. Whitcher, John. Amount of land taken up by, in 1817, 326. White, John. Settler recommended by Colonial Sec'y, 102. Whitlow, Charles. Land grant for cultivation of hemp, 42, 45. Wicksteed, Gustavus W. Memorial from, re suspension of Legislative Officers, 506. Wight, Isle of. Notice to mariners re light at the Needles, 558. Wilder, G. L. Acknowledges fees on app'ts. of Heney, O'Sullivan and Quirouet, 307; acknowledges Masson's fees, 318; and Panet fees, 350. Wilkins, Charles. Payment to be made to, 91, 95, 134. Wilkins, William. Pension for widow, 71. Willan, Thomas William. Resigns office as Law Clerk, 253; app't. Clerk of Crown, Quebec, 274; petition for compensation dismissed, 333, 590. William IV. Death of. 413. William Henry, Prince. Reception of, gratifies H.M. (1787), 3. Williams, Jen kin. To be paid for 11; app't. as senior honorary member, j Ex. Council, under consideration, 11 ; re his retirement, 33; question of pension | for, 33; objection to pension, 35. Willstrad, Elias. Land grant request for, 73, j Willstrad, John. Land grant requested for, 73. j Wilmot. See Horton. Wilson, John, M. Gen'l. Com'dg. in L.C, 44; superintendence of settlers, 51. Wilson, Rev. John. At Grammar School, Kingston, 49; salary for, 92. Wilson, John. Captain. Given pension, 230. Wilson, William. Gov'r. uses for garden land purchased by, 138. Wiltshire, Charles. Information sought re, 573. Windham, William. Accession to Colonial Office as Sec'y. 7; instruction from Board of Health to prevent introduction of diseases, 7; bounty to encourage consumption of Nfld. fish in British West Indies, 8; acknowledges despatches, 1806,8; embargo on Prussian ships, 8; prevalence of infectious diseases, 8; app't. of Alcock as Chief Justice, L.C, and member of Ex. and Leg. Councils, 8; regulations re h-p. officers, 9; account of victory at St. Euphe- mia, 9; app't. of Comm'rs. for appraisement and sale of Prussian and Papen- burgh vessels, 9; prevention of contagions diseases, 9; acknowledges despatches, on culture of hemp, 9; sale of Prussian property, 10; securities required from temporary collectors of revenue, 10; acknowledges despatches, 14-22, 1807, 10; transmits copy of O.C. of 7 Jan, 10; account of capture of Fort of Buenos Ayres, 10; victory of H. M.'s ships off St. Domingo, 15; surrender of Cape of Good Hope to H. M.'s forces, 15. Windsor, N.S. Tenders for winter mail service by steam vessel between Annapolis and, 584. Windsor (U.C.). Inquiry re expenditure apparently for barracks at, 589. Wihe. Act taking duty off flasks for, 2; exports to Canada from British Colonies, 24; duties explained, 101; re monies collected as duties, 102; duty on, 126; OG's re importation into British Colonies in W.I. and N. America, 126, 136. Wixon, Randal. Prisoner at Liverpool, 506. [Womersley, Mrs. Requests re quantity of land taken up by John Whitcher in 1817, 326. IWood, Clerk of Crown and Clerk of Supreme Court, NS. Replaced by Thompson, indemnity for loss of offices, 3. |Wood, Alexander. Act to authorize refund of money to, 202. IWood, Charles, MP. Report to from Master of "Buffalo", 552. [Wood, Hon. Francis. App'td. Judge, Vice-Admiralty Court, 373. IWood, J. Master of "Buffalo", makes report, 552. [Woodlands, John. Petitions grant of land, 585. Woods, W. To amend petition, 272. Wool, Gen'l, US.A. Suggestions for return of refugees app'd, 466. IWray, Major. Desires grant of land, 136. Wray, Customs Clerk, Montreal. Leave granted to, 587. Wright, Philemon. Application for land refused, 312. Wurtemburg, Minister of. Enquires re property of Maisenhoelder, 393. jWyke, George. App't'd. Customs Officer, 25. Wyndham, Col. Success of emigration scheme from estates in Clare and Limerick, 547; hoped other landords would follow example, 547; charge incurred on account of destitute emigrants from property of, 575; liability for sum paid in relieving certain immigrants renounced, 586. Yamaska River. Bridge over, 70. Seigniory. Act to regulate the Common of, 98. York, U.C., Board of Accounts at, 20; defence at, 32; Military Chests at, 276. York, Duchess of. Death of, 76. Duke of, 114; death of, 114; Quebec sends condolences on death of, 136. Young, George R, Legal representative of proprietors in P.E.I, 486. Young, late Hon. John. Memorial of widow, 74; gratuity for widow refused, 167. Young, John. App't. as Chairman of Committee for auditing Public Accounts, L.C. sanctioned, 64; letters of credit cancelled, 86; removed from office of Auditor General of Public Accounts, 312. Young, Thomas Ainslie. App't. of, as senior hon. member Ex. Council under consideration, 11; extension of leave, 54; claim acceded to. 405; warrant issued against Teed by, 507. J