|Wf Aft * I tRffw** 98 * WW** mm, i\iu\ i 1 « ! ft J LIBRARY OF CONGRESS, [FORCE COLLECTION Ftoyz- i\ ■^ OsS-f ! UNITED STATES OF aMuT"! 31: i. 7 x MJ*"{ AiMP* MM MM w u.aMM / ^w« flWlj^ -m« Wf.AV M'lk — . C-^' A KmMfvm'l -w A • A * f J'-V ife l;.;l/ijii »||pH i $ W™^i^AWfJ!! i«i ^iffii Mi pi Si iwl^KES ■mwm Mi » : } m ■flffllPSm T^il EEF- "J C:«&RIEYiI€fi9 t^mn? of MmtmMg, Upper C&saada. 1835. THE SEVENTH REPORT FROM THE Select committee OF THE HOUSE OP ASSEMBLY Of UPPER ^CANADA ON GRIEVANCES; To whom tvcre referred Lord Viscount Goderich's Despatch h^r to His Excellency Sir John Colborne, of the 8th November, 1832. TO WHICH IS ADDED, THE REPORT FROM THE SAME COMMITTEE, ON THE PETITION OF WILLIAM FORSYTH, LATE PROPRIETOR OF THE NIAGARA FALLS PAVILION. IV. I*, MACKENZIE, ESQ. Chairman. Ordered, by the House of Assembly ', to be Printed, (2,000 copies) 10th J- • ', I83|, ■ ^*M*«* i. TOROXTO: C /0, ofy . M. R E Y N OLD S"; — • ~- : ~ Urintft to tjc J^ott t*e TB»tsc of a*Kt- UDCCCXXX.T. &EIYERAI* CONTEXTS. 1. Table of Contents 2. General Index. 3- The SEVENTH REPORT i 4. Orders of the House xiax 5, Minutes of Evidence to 7th Rep. (5lh of Fcb'y to 10th April; reported 10th April, 1835 1 0. Doeunaents appended to 7th Report 105 1. The Report on the petition of W. Forsyth, Niagara Falls 8. Documents annexed to eaid Report. 9. Draft* of Sundry Bills. <\ / TABLE OF CONTENTS OF THE SEVENTH REPORT. EVIDENCE. Thursday, 5th day of February, 1835. y . Page. Lieutenant Colonel William Rowan, Secretary to the Lieutenant Governor, 1 Elias Moore, Esquire, M. P. P. for the County of Mid- dlesex, , s James Wilson, Esquire, M. P. P. for the County" of Prince Edward 11 Very Reverend William John O'Grady, B. D. Toronto', 16 Friday, 6th day of February, 1835. John Johnson Lefferty, Esquire, of Stamford 20 William Dunlop, Esquire, Warden of the Forests to the Canada Company, 22 Colonel A. G. W.*G. VanEgmorid, of Ross—Huron Tract, 26 Saturday, 7th day of February, 1835. Very Reverend William John O'Grady, B. D— Toronto, 28 Tuesday. \Qth day of February, 1835. Jawies King, Esquire, Barriste at Law — Toronto, 42 Colonel Alexander Chisholm, M. P e P., for the County of Glengarry, , . 44 Reverend Angus McDonell, Cure of Sandwich, 49 Thomas Dalton, Esquire, Editor—Toronto, 51 Wednesday, Wth day of February, 1S35. JoVm Brown, Esquire, M. P. P., for the County of Durham, » 52 Friday, IZlk day of February, 1835. William Buell, Esquire, of Brockville, 55 Very Reverend William John O'Grady, B. D.. Toronto, 55 Table of Contents. PAGE Circular Questions, numbered 1st, 2nd, and 3rd, put to the respective Members of Assembly, as to Polling Places at County Elections. The Answers thereto of Doctor W. Bruce — Co. Stormont, to Question 3rd ... 02 John Bower Lewis, Esquire — Co. Carleton, to Ques- tions 1st and 2nd, ib. Dennis Woolverton, Esquire — 1st Riding Co. Lincoln, to Questions 1st and 3rd ib. Thomas Parke, Esquire — Co. Middlesex, to Questions 1st, 2nd and 3rd, ib. J. A. YY T ilkinson, Esquire — Co. Essex, to Questionslst and 3rd, ib. Nathan Cornwall, Esquire — Co. Kent, to Questions 1st and 3rd, ib. F. L. Walsh, Esquire — Co. Norfolk, to Questions 1st 2nd and 3rd, ib. Thomas McKay, Esquire — Co. Russell, to Questions J st, 2nd and 3rd, ib. Hiram Norton, Esquire — Co. Grenville, to Questions 1st 2ud and 3rd, G4 Harmanus Smith, Esquire — Co. Wentworth, to Ques- tions 1st, 2nd aud 3rd, ib. Jacob Rymal, Esquire — Co. Wentworth, to Questions 1st, 2nd and 3rd, ib. William B. Wells, Esquire — Co. Grenville, to Ques- tions 1st, 2nd and 3rd, ib. Jacob Shibley, Esquire — Co. Frontenac, to Questions 1st and 2nd, ib. Peter Shaver, Esquire — Co. Dundas, to Questions 1st and 2nd, ib. Donald iEneas McDonell, Esquire — Co. Stormont, to Question 2nd, 65 Donald McDonell, Esquire — Co. Glengarry, to Ques- tions 1st, 2nd and 3rd , ib. George S. Boulton, Esquire — Co. Durham, to Ques- tions 1st, 2nd and 3rd, ib. George Rykert, Esquire — 2nd Riding Co. Lincoln, to Questions 1st and 3rd, ib. Edward Malloch, Esquire — Co. Carleton, to Questions 1st, 2nd and 3rd, 66 W T illiam Morris, Esquire — Co. Lanark, to Questions 1st and 2nd, ib. Samuel Lount, Esquire — Co. Simeoe, to Questions 1st and 2nd, ib. JamesDurand, Esquire — Co. Halton, to Questions 1st and 2nd, ib. William McCrae, Esquire — Co. Kent, to Questions 1st and 3rd, ib. Francis Caldwell, Esquire — Co* Essex, to Questions 1st and 3rd, ib. David Tborburn, Esquire— 3rd Riding Co. Lincoln, 67 Table of Contents. William II. Meruit, Esquire — Co. Haldimand, to Ques- tions 1st aucl 2nd, ib. Henry W. Yager, Esquire — Co. Hastings, to Questions 1st and 2nd, ib- Friday, 6th day of March, 1835. Thellonorable John Henry Dunn, Receiver General, 6$ Monday, 9th day of March, 1835. Bernard Turqnand, Esquire, 1st Clerk in Receiver General's Office, 70 Gilbert McMieking, Esquire — M. P. P. 4th Riding Co. of Lincoln, 71 James Duraud, Esquire, M. P. P. Co. of Halton, 74 Friday, 27t/i day of March, 1835. The Honorable George H- Markland, Inspector General of Public Accounts, Member of the Executive and Legislative Councils, ... 76 James King, Esquire, Barrister at Law, Toronto, .... 80 Wednesday, 1st day of April, 1835. The Hon. and Venerable John Strachan, D. D., Arch- deacon of Toronto, Member of the Executive and Legislative Councils, 81 Monday, 6th day of April, 1835. The Hon. Peter Robinson, Commissioner for the sale of Crown Lauds, Surveyor General of Woods, Mem- ber of the Executive and Legislative Councils, &c.. . 83 Thomas Baines, Esquire, Secretary to Clergy Corpora- tion, 85 Tuesday, 7th day of April, 1835. Mr. Henry Panuebacker, Farmer, Waterloo, Gore Dis- trict, , 93 Samuel P. Hurd, Esquire, Surveyor General, ib, Friday, 10th day of April, 1835. William Warren Baldwin, Esquire, Barrister at Law; Toronto, 94 APPENDIX. No. 11 1. Letter, Colonel Rowan to the Committee, 18th March, 1835, 105 k ' 2. Letter, do. to Mr. Secretary Cameron, do. do , ib, Table of CoJVTEn PAOB 3. Letter, Mr. Secretary Cameron to the Committee, 20th March, 1335, 101 tier, Colonel Rowan to the Committee, 11th March, 1835 ib. 5. Population of Upper Canada, 107 6. Upper Canada Militia ih. 7. Jjaads granted in Upper Canada, 1833, ib. 8. Lands do. do. 1830,(JBlue Book) 103 9. Agricultural Products, 109 10. Balance of Revenue as shewn in the Blue Book,. . 110 10 (a) The Receiver General's statement of the seve- ral public funds from A. to W. ib. 10(b) Correspondence between the Chairman and the Receiver General, Ill 11. Memorandum of Revenue Balances, December 31st, 1834 113 12. Table of Salaries-, Fac e i»ad Emoluments, which have been paid out of revenues raised from the peo- ple of Upper Canada for the year 1834, chiefly de- rived from the returns of the officers themselves, as shewn in the Bine i]ook, 1M 13. Pensions 122 14. Archdeacon Stracha i • J23 15. Salary and allowances paid to the Lieutenant Gov- ernors of Upper Canada, out of rhe Revenm from the people of ince since 1st of Janu- 126 16. Income of Lieut. Governor Sir J. Colborne, for the;. ib. 17. Payments to the Hon. Peter Robinson, since July 1827, 127 18. Payments to the lion. D. Cameron,, .do., .do.. . 19. Payments to the Hon. J. 11. Dunn, . . . .do., .do.. . 128 20. Clergy paid by Executive Gov 1C9 21. Letter, Col. Rowan to the Committee, 2nd April, 1835, ib. 22. Extract from a Despatch from the Secretary for the Colonies relative to appropriations for Churches, STlhJan'y, 1834, 130 23. Letter, Col. to the Rccei ., ral, 30th March, 1835, relative to monies paid the clergy,. . ib. 24. Letter, the Receiver General to Col. Rowan, with detailed statements oi monies paid to the several denominations of Clergy 131 25. Payments cf the Clergy, 1833, 132 26. Details of payments to the Clergy of the Church of England, A 135 27. do of do Church of Scotland, B 136 23. do. . . . of do to United Presbyterian Synod, C, 1 37 •29. do of do to Build R«maa Catholic Churches. L> ib. Table of Contents. PAGE No. 30 Payments of the Clergy, 1834, 138 • 30(a) Estimate for Clergy of N. America, when for- merly paid by the votes of the House of Commons of Great Britain, 141 •* 31. Details of payments to the Clergy of the Church of England, A, 144 "32. do. ...do do B 145 "33. do do do ...C 146 M 34. do do. Church of Scotland, D.&E. 148 "35. do do to Roman Catholic Church, F 149 "36. do do. to United PresbyterianSynod,G.&H. ib. ** 37. Letter, the Inspector General to Col. Rowan, rela- lative to the grant to the Methodists, 30th of March, 1835, 150 M 33. Address of Canada Conference of the Methodists, with His Excellency's reply, ib. 30. Letter, Col Rowan to the British Wesleyan and Canadian Wesleyan Conferences, 15th March, 1833 153 " 40. Letter, Col. Rowan to the Wesleyan Methodist Conference, 4th July, 1834, 154 '-'■ 40(a) Letter, Rev. Joseph Stinson to Sir John Col- borne concerning the grant to the Methodist Con- ference, 7th July, 1834, ib. ' 41. Letter, Col. Rowan to "the Canadian Wesleyan Conference," 4th of July, .1834, 155 ' 42. Resolutions of Canadian Wesleyan Conference relative to the Government Grant, 19th June, 1834, ib. " 43. Statement of public monies to be applied by the Canadian Wesleyan Methodists to religious pur- poses, . . • .. 156 " 44. Letter, Col. Rowan to the Synod in communion with the Church of Scotland, 157 11 45. Letter, the same to the same, ib. " 40. Letter, Rev. John Machar to Col. Rowan, shew- ing the expenditure of public monies paid to that Church, July 7th, 1834, 158 " 47. Letter, Col. Rowan to Bishop McDonell, J5th March, 1833, 159 " 48. List of Commissioners to expend grant to Roman Catholic Churches, 160 " 48 (a) Letter, Col. Rowan to Bishop McDonell, 4th of July, 1834 161 49. Memorandum of Commissioners to expend Gov- ernment allowance for building and repairing Ro- man Catholic Churches, 1834, 161 Church of England Clergy (Payments to) 163 ' 51. Glebes to Churches of England, Scotland and Rome, 164 ' 52. Return of the Clergy of the Church of England from the Blue Book, 1831, 165 Wesleyan Methodists, 167 ,J 5L Presbyterian Clergy, > . . 168 2 Table of Contexts. PAGE No. 55 Roman Catholic Clergy 169 " 56. Expenditure on Emigration, 1831 to 1831, ib. "57. Expenditure of £7,558 6s. ll£d. by the late Ros- well Mount, Esq. of Middlesex, on Emigration in Adelaide, Carradoc and Warwick 172 " 58. Extracts from ?. report by Sir 11. Parnell and others on the management of the public revenue, 176 " 58(a) Extract from an address of the House of As- sembly in 11th Parliament relative to the Banks, &c 181 " 59. Form of a warrant on the Casual and Territorial Revenue by Sir P. Maitland, 182 11 60. Remarks on Casual Revenue Accounts, 183 " 61. King's College, 185 " 62. Upper Canada College, ib. " 62(a) Address of House of Assembly relative to U. C. and King's College, with the reply of the Lieu- tenant Governor, 186 " 63. District Funds, 187 " 64. Toronto Hospital, 188 " 65. Extracts from the official correspondence of Wil- liam Lyon Mackenzie, Esquire, with His Majes- ty's Government in England; with other documents, 188 Minutes of proceedings of Central Committee of friends of Civil and Religious Liberty, appointing W. L. Mackenzie, Esquire, their Agent, ib. i! 66. Certificate of Committee appointed by the resolu- tions of 58 Township Meetiugs in U. C 189 " 67. Certificate from Committee of Home and adjoin- ing Districts appointing W. L. Mackenzie, Esq., their Agent in England, ib. " 68. Indenture appointing W. L. Mackenzie, Esq. a Representative of the yeomanry of the County of York, 4th Feb'y, 1832, 100 •' 63 (a) Letter from Morgan O'Connell, Esquire, M. P. to W. L. Mackenzie, Esquire, .' . ib. " 69. Letter, Lord Howick to Mr. Mackenzie, 23d June, 1832, 191 " 70. Letter, Lord Howick to Mr. Mackenzie. 29th June, 1832, 192 " 71. Note, Lord Howick to Mr. Mackenzie, 18th Aug., 1832, 193 " 72. Letter, Lord Howick to Mr. Mackenzie, 8th Sept., 1832, 194 It" J Notes from Lord Viscount Goderich to Mr. Mac- Jz' \ kcnzie, respecting an appointment, on 7lh No- H *g" j vember 1832, 195 •* 77. Selections from Mr. Mackenzie's Letters to Vis- count Goderich, which were transmitted to Sir John Colbornc for publication in Upper Canada, together with His Lordship's Despatch of 8th P Table of Contents, PAG vember, 1832, ,- , 196 A. — The Legislative Council, 19/ B. — The Legislative Council, ib, C— The Bank Influence, 196 1). — Education, . 199 E. — State Churches — Clergymen in the Council, 200 F. — (Government Patronage, L. C ib. G. — Some Evidence of Colonial Misrule, 201 H.~ -Colonial Officers, 607 I. — Justices of" the Peace, . * 213 K— Trade of the Canadas, 214 L.— The Land Granting System, 216 No. 78 Extracts from a return to an Address to the House of Commons, dated 18th July, 1333, - - - - ib. 44 79. Despatch, Sir J. Colborne to Viscount Goderich, 16th February, 1833, x 234 44 80. Addresses of the Legislative Council and House of Assembly to Sir J. Colborne on Lord Goderich's Despatch of 8th November, 1832, 235 44 81. Address to His Majesty from the Inhabitants of Lennox and Addington, -------- 244 44 82. Address to His Majesty from the Inhabitants of Cobourg,. ------------- ib. 44 83. 4i Upper Canada Legislature" — Return to an Ad- dress of the House of Commons, dated 6th Fe- bruary, 1833, viz. 245 Letter from Sir J. Colborne to Lord Goderich, 28th March, 1833, - - - 247 Return of Members of the Legislative Council, Executive Council and House of Assembly, on 1st July, 1832, with their Offices, Employment, Grants of Land, &c. held under the British or Co- lonial Governments, ---------- 248 Titles of Bills of a Public Character which ori- ginated in the Assembly of Upper Canada, and were lost in the Council &c. for 10 years, - - - 258 Ditto, ditto, for the last Two Sessions, - - - 272 44 83. (a) Extract of Despatch from Sir John Colborne to Secretary Sir George Murray, ----- 277 Proceedings in England with Acts of Colonial Legislature, ------------ 278 44 84. Letter— Lord Howick to Mr. Mackenzie, 29th De- cember, 1832, ---- ib. 41 85. Letter — Mr. Mackenzie to Lord Viscount Gode- rich, 9th January, 1833, - 279 44 86. Letter — Mr. Mackenzie to Lord Viscount Gode- rich, 19th January, 1833, 286 41 87. Letter — Lord Viscount Howick to Mr. Mackenzie, 22nd January, 1833, 291 44 88. Note— Lord Howick to Mr. Mackenzie, 7th March, 1833, 293 " 88 (a) Dismissal of the Crown Lawyers by His Majesty; Table of Contents. TAor Mr. Justice Boulton's explanation, despatches, & No. 89 Note—Mr. Earle to Mr. Mackenzie, !Wayl9th, 1833 299 " 90. Note— Mr. Wickhamto Mr. Mackenzie* 14th May 1833, ib. " 91. Letter — The Surveyor General to the Commit- tee, with his answers to certain questions, 300 " 92. Message from Sir John Colborne, with returns of the Justices of the Peace, Commissioners of Courts of Requests, &c, and relative to the pow- ers of the Executive Council, ib. *' 92 (a) Statement relative to the Executive Councils,... 302 " 93. Magistrates Western District, 303 " 94. do. London do. 304 " 95. do. Niagara do. 30G 44 96, do. Gore do. 307 " 97. do. Home do. 308 • l 98. do. Newcastle do. 310 " 99. do. Prince Edward do. 312 " 100. do. Midland do. 313 44 101. do. Johnstown do. - - - - 314 M 102. do. Bathurst do. - - 315 " 103. do. Eastern- do. 316 *« 104. do. Ottawa do. 317 " 105 Return of Commissioners of Courts of Requests, 318 11 106 Letter — The Inspector General to Colonel Ro- wan, stating that Collectors of Customs are re- quired to attend to their duties, 17th Feb. 1835, - 333 '* 107. Circular — The Inspector General, on Collectors of Customs attending to their duties, 4th Novem- ber, 1833, - ib. M 108. Schedule of Members of the House of Assembly who had situations given them, ------ 334 '*' 109. Schedule of Members of the present House of Assembly holding office, and the offices so held . . 335 " 110. Address of House of Assembly on Post Office, and reply, with Letter from the Deputy Post Mas- ter General at Quebec, to Col. Rowan, promising Returns required . • . , . 338 i( 111. Indian Department 340 41 112. Letter — Doctor Harris, Principal of Upper Canada College, with statements on Education, - - - 345 14 113. Address of the House of Assembly, relative to the dismissal and reappointment of Mr. Solicitor General Hagerman, &c. -------- 35G ** 114 Address of the House of Assembly in 1829, rela- tive to the imprisonment of Mr. Francis Collins, with the votes thereon ; answer thereto ; Mr. Justice Sherwood's Letter to the Lieutenant Governor; Memorial of Francis Collins ; answer thereto ; Resolutions of the House on His Excellency's Answer; Resolutions of the House on Collins' Case; Address to His Majesty thereon, - - - ib. Q3* The Report on Mr. Forsyth's rase, and copy of certain Bills re 3 sated the Legislative Council are placed at the end of the volume. TNDEX TO THE SEVERAL MATTERS CONTAINED IN THIS VOLUME. N. B. — The Figures following the Names of the Witnesses refer to the numbers of the ques- tions in the evidence; where p.is prefixed, (thus,p. 141,) to the paging generally; and where Roman numerals are used, (thus, xxm) to the paging in the 7th Report. A star added to the page, (thus 26*), shews that the report and evidence on William Forsyth's petition are referred to. Accounts. — Audit of the Public Accounts, xix Returns de- layed by the Government, xx Ought to be periodically re- quired in many cases by statute, xx All public accounts go to the Inspector General's Office for inspection, Turquand '429 List of Accounts or Funds kept by Receiver General, p. Ill Pension Account, p. 122 Account of payments made to the Clergy, p. 132 & p. 138 Account of Expendi- ture in building Scotch Churches, p. 158 Account of Ex- penditure by Crown Land Commissioner and his Agents on Emigration, 1831 to 1834, p. 169 Roswell Mount's Ac- counts, p. 172- Accounts of the Colleges withheld, p. 185. Accountants, Public. — Their bonds are kept in the Receiver General's Office, and are sent to the Attorney General's office for prosecution in cases of defalcation, Turquand 431. Acts, Colonial, proceedings with, by the Secretary of State, Law Counsel, and King in Council, p. 278. Adamson, Hon. Peter. — Offices and public lands held bv him. 250. Addresses to the King. — The Methodists request the Lieutenant Governor to convey their address to His Majesty, p. 150 Extract from an Address against disallowing the Bank Charters, p. 181 —The Address of the Inhabitants of the Niagara District laid before His Majesty by Lord Godericb, p^ 2 A P P [Tndrx Addresses to tlie King — continued. 103 Addresses of Inhabitants of Lennox and Addington and of Cobourg returning thanks for Lord Goderich's Despatch, p. 244 The Address of the House of Assembly, praying that F. Collins may be liberated from jail, p. 371. Addresses to the Lieutenant Governor. — An address from the Me- thodists, 8th Sept. 1831, with his reply, pages 1.10 & 151 Address reported by Com. on Grievances for information rela- tive to King's College, p. 18G his answer, p. 187 Ad- dress of Legislative Council in answer to Lord Goderich's despatch, p. 235 [for contents see "Legislative Council"] Address of House of Assembly in answer to the same, p. 243 Address of do. on Post Office, p. 338 Address of do. earnestly entreating that F. Collins might be restored to his family, p. 357 — i — Address in favor of remuneration being gi- ven to Wm. Forsyth for the injury sustained by him during the Niagara Falls outrages, p. 26*. Adelaide — expenditure by government in the settlement of, p. 173 the House of Commons address the King for infor- mation relative to the Niagara Falls outrages, p. iv*. Adjutant General of Militia. — The principal and the assistant paid salaries — one of them might be dispensed with, xin their salaries, p. 121. Administration of Justice. See Justice, Administration of. Advocate, The — Lord Goderich considers this newspaper a proof that the freedom of the press in its utmost latitude exist9 in. Upper Canada, p. 225. Agent. — A Provincial agent in England would be beneficial to the agricultural and commercial interests of Canada, Moore, 77 would be advantageous as a check on hasty legislation, Wihon, 98 might check improvident legislation affecting colonial interests, Dunlop, 167. Alien Question, Lord Goderich's remarks relative to the, p. 225. AILin, Hon. Wm. — Official income, and public lauds granted to, p. 250. Aithorp, Lord Viscount, thanks Mr. Mackenzie for the infor- mation contained in his letter of 22nd \ugust, on Canadian affairs, p. 299. Appleton, Thomas. — Archdeacon Strachan ha3 no recollection of an unfavorable report emanating from the Executive Council oa his petition for his proportion of the public money as the Index.] B A L 2 Appletoti, Thomas — continued. teacher of a common school in York, 541 h'vs petition to the King, forwarded per the July mail to Sir J. Colbome, Howick, p. 11)4. Arbitration Bill. — A Bill to provide good understanding among neighbours, and to lessen the number of expensive lawsuits by establishing courts of Pacification, passed in the Assembly and rejected by the Legislative Council, 1830, p. 267. Archdeacons of the Church of England— two were saddled on the Colonial Revenue, 1827 £147 paid by Adam Gordon for their patent, p. 1G4. » Ashburton, Lord, condemns the doctrine that persons accused of libel may be held to bail, with security for good behaviour, be- fore trial, p. 370. Assembly, House of. See House of Assembly. Attorney General ; the bonds of public accountants sent to hiss office for prosecution by the Receiver General in cases of de- falcation, Turquand 431 Fees, p. 188 See also Henry J. Boulton, Chief Justice Robi?ison, and Robert S> Jameson. Audit, Board of. See Board of Audit. B Baby, Hon. James. — Sheds tears when obliged to vole against his conscience, xxxvu. Income and lands granted to, p. 248. Baldwin, Hon. Augustus. — Lands granted to him, p. 250. Baldwin, W. W , examined: — Some years ago a committee of the inhabitants of the Home District, held a correspondence, through witness, as the chairman of a general meeting, and petitions were sent home, 606 witness delivered to the committee, three autograph letters addresed to him, one from the Right Hon. E. G. Stanley, another from Lord Goderich, and the third from Mr. Hume ; also an attested copy of the petition to His Majesty to which these letters had reference, 607. See letters and petition, page 95 to page 104. £f Ballot Bill, Leeds Election. — A Bill passed by the House of Assembly and rejected by the Legislative Council, to promote the freedom of Election in the County of Leeds, by introducing the vote by Ballot, with the votes of the members of the House of Assembly thereon, is placed the last article in this volume. Ballot, the vole by. Does uol know -a bettej way "to cheat the 4 BEL [fan Ballot, the vole ty.— continued. public, Brown 350 nobody would ask for it but by gross igno- rance, Strachan 556 is opposed to it, Robinson 585 Bill to establish in elections, rejected by Legislative Council, 1835, p. 270. Banks and Banking. — The system in use injurious, Wilson, 104 f Serjeant Spankie and Sir John Campbell are of opinion that the CanadaCompany'sCharterdoes not includeBanking powers, Dun- Inp 192 a private Bank kept at Goderich, VanEgmond 215 there are many actions at the instance of Banks, three actions and three bills of costs often for one debt, Brown 338 Banks are safe places for public deposits, Dunn 406 Lower Canada Bank Notes circulate generally in Glengarry, Chisholm 237 thinks the Commercial Bank Notes circulate most a3 he gets most of them, Dunn 420 Comraereial Bank Notes circulate most in Gore, Durand 469 three lawsuits and £30 costs charged to a Waterloo Farmer on the balance of a note of j£50 discounted by the Bank of Upper Canada, Pannebacker 593 Extract from an address of the House of Assembly to the King, on the anticipated disallowance of the Bank Acts, p. 181 The influence of the Bank of Upper Canada % its refusal to sub- mit its accounts to the House ot Assembly, Mackenzie, p. 198 Bill to enable the Receiver General to issue Bank Notes charge- ble on the public rejected by the Legislative Council, 1S33, p. 271 — —Bill to Incorporate the Commercial Bank at Kingston, rejected in the Legislative Council, ^1830, p. 267 Again re- jected bv the same, 1831, p. 268 Bill to incorporate the Bank of the Niagara District (St. Catharines), rejected by the Legis- lative Council, 1833, p. 271 again rejected by the same, 1835, p. 275 Bill to Incorporate the Gore District Bank, rejected by the Legislative Council, 1833, p. 272. Baptists, receive no money from government for their religious services, xiv. Baling, F. 2 T ., M. P., report by, on management of the public re- venue, p. 176. Bath Academy. The Legislative Council throw out a bill for a grant -of money to encourage Education at the Scss. 1835, p. 275. Barhmst District. List of Justices of the Peace, p. 315, and of Commissioners of the Courts of Requests, p. 321. BayncSi Thomas, explains an omisssion in the Blue Book with re- gard to his office and income, 597. See page 115 aud m . Jchn> Salary, &c. 115 B '', Rev. Wm. % salary, p. lOo- — do. p. 139. Index] BOA 5 Berczy, William, votes for returning 1 Lord Goderich's Despatch XL1 v office hold by, p. 25*2 2400 acres of the public lands granted to, p. '253. Bethune, J. G. Expenditure on Emigrant?, p. 170. Bills, passed by several Assemblies for the redress of grievances but rejected by the government and its officers, p. 283. Bills, Titles of— rojected by the Legislative Council during the last twelve years, p. 258 to p. 277. 0^7=" BILLS are placed at the end of the volume, which the House of Assembly passed, and the Legislative Council rejected, viz : 1. A Bill to amend the Charter of King's College, with the votes of the House of Assembly thereon. 2. A Bill to promote Education ; with the votes of the House of Assembly thereon. 3. A Bill to promote the freedom of Election in the county of Leeds, and to enable the Electors to vote by Ballot, with the votes of the House of Assembly thereon. Billings, F. T. Expenditure on emigrants per. p. 170, 171. Bishop of Quebec, Catholic. See Roman Catholic Bishop of Quebec. Bishop of Quebec, Protestant. See Qntbec, Right Rev. C. J. Ste- wart, Bishop of. Blue Booh, or official return of Salaries, tf-c. Copies of the Blue Book asked for by the House of Assembly, for 1824 to 1832 ; the request not complied with by Sir J. Colborne, x The Blue Book was made up at the Secretary's office; that officer is an- swerable for its correctness, Rowan 43 — Errors in, explained- Rowan 45 to 52- referred to by Lord Goderich as a proof of the smallness of the salaries of official servants, p. 228. Board of Audit. — A Provincial Board (o be regulated by Law re- commended to be instituted, as a means of saving many thou- sands of pounds to the Colony, xix the Executive Council have acted as a Board of Audit in certain cases, Robinson 592 the establishment of a general Board might be advantage- ous, Robinson, 593 imperfect manner in which the Executive Council audit accounts, p. 174. Board of Education.*— Suppressed on an address of the House of Assembly, Sirachan 536 An account of the receipts and payments by the general Board of Education, p. 186. 3 6 BRO [Index. BosuyM, Hon. Waller, — His income and land grants from govern- ment, p. 250. Boutton, Mr. Justice, — His pension, 6 years, .€3,330, p. 122. Bimlton, George S., M. P. P. — His opinion respecting polling- places for Durham, p. 65 Return of office and grant of land, p. 252 -nature of his duties as Registrar, p. 335. BnuUon, Henry John, (late Attorney Gen'l, since Chief Justice of Newfoundland) — His excuse for not having obeyed the orders of the government relative to the expulsion of a member, xxxii His re-appointrnentto office under the British Government creat- ed great distrust in Upper Canada xxxiii votes for returning Lord Goderich's Despatch, xliv votes for Mr. Mackenzie's expulsions against the law of the land, xlv return of offices and land grants, by, p. 252 Mr. Mackenzie complains to Lord Goderich that the Law Officers of the Crown had been em- ployed in organizing meetings to agitate this Province for the dismemberment of the other, p. 286 Mr. Mackenzie com- plains to the British Government of the conduct of the Crown Lawyers Mr. Boulton announces that he had been dismissed in a letter to Mr. Gurnett, of the Courier, dated 30th April, 1833, p. 294 — —Col. Rowan encloses to Mr. Boulton the order of the Secretary of State for his dismissal, p. 295, for differing in opinion from His Majesty's Government on questions of great political importance, for their opposition to the policy which His Majesty has been advised to pursue, and for impeding the mea- sures of his government, Despatch, p. 295 Letter to Colonel Rowan enquiring why he had been discharged, with the answer, that Sir J. Colborne concluded it must have been for opposing Jic constitutional views of the government, with respect to Mr. Mackenzie's expulsions, p. 296 his letter to Sir P. Maitland, tating his recollection of the circumstances under which Clark - Street obtained a lease of a part of the Military Reserve, at e Niagara Falls, p. 24.* ing, Dr., M. P. — His report on the excellent effects of the i of book-keeping by double entry, introduced into the French Treasury, quoted pp. 177 and 179. Bridges. — See Roads and Bridges. am, Colonel Bela Brewster. — Certifies to the prices of team- ing, p. 174 endorses on accounts that the services were per- formed and the charges just attests to the labourers' signa- - — avowed 7--. 6d. per day as an assistant superintendant to Col. Mount, p. 175. '■■Vesleyan Methodist Conference. — See Methodists. Brock, Sir Isaac, — Appointed Senior Member of the Executive Council as the senior officer commanding the troops, to enable Index. J C A L 7 Brock, Sir Isaac — continued. him to succeed to the civil administration of the government, p. 302. Brougham, Lore?,— presents two addresses from U. C. to the King, p. 282. Brown, John, M. P. P., (Analysis of his Evidence.)— Has seen ho parliality exercised in the selection of Justices of the Peace, 322 thinks the common 6cliools in the Newcastle District ndther sufficiently numerous nor efficient, 323 Grimes' Inn and Cottingbam's Mills, good polling places for Durham, 324 is for a union of Church and State and the supremacy of the Church of England, 327 has no idea of giving the Church one-seventh of Upper Canada, but would give a respectable maintenance out of the Reserves, 328 is perfectly satisfied with the government as it is, 329 is in favour of the law of primogeniture, 334 considers the Canada Company to have been a great injury to the country, 335 there are many ac- tions at the instance of Banks, and three Bills of costs often in- curred for one debt, 338- thinks the Provinces ought to be united, 345 does not know a better way to cheat the public than by Ballot, 350. Bruce, Dr. William, M. P. P. — Recommends a polling place for Storm ont, p. 62. Buell, William, (Analysis of his evidence.) — The common schools not sufficiently numerous and efficient in the Johnstown District, 351 thinks the last Leeds Election was held at an improper place, 352 Justices of the Peace are appointed in the Johns- town District mostly from men whose opinions accord with the views of the Executive, 354 — witness' father was a member of the Assembly, and witness had represented Leeds in two Parlia- ments, and had recommended proper persons to be appointed as Justices of the Peace, which Sir John Colborne did not attend to, 363 the taxes now entrusted to the care of the justices would be better managed by persons selected by the freeholders, 364 the irresponsible character ot the government, a great difficulty, 378 thinks that the House . 360 answer of his excellency, p. 360 The Assembly censure him for his indecorous message and the unjust imputations it conveyed against them, p. '361 Despatch to Lord Godorieh, with papers relative to the Niagara Falls Outrages, p. -1* Sir Ceo. Murray's letter to, with his opinion of Sir P. Maitland's conduct in the matters of Colonels Coffin and Givens, and W. Forsyth, p. 20* Ad- dress to, from the Assembly in favor of W. Forsyth, and his reply that he could not favorably recommend it to His Majesty's government, p. 26*. Collection of the Revenue. See- Revenue. Collectors of Customs. Collectors of Customs. — The absurd system under which they are remunerated adverted to, xn Incomes of the Collec- tors, p. 117 & 118 Circular, with instructions from the In- spector General, that it will not be in the power of the lieute- nant governor to continue any collector of customs in office who docs not reside at his port and perform the duties, p. 333. is, Fronds, (Printer, York.)— The House of Assembly M earnestly entreat" Sir John Coiborne to releaserCoilins, who was confined in prison for an all edged libel £g,ajuk Attorney General (now C. J.) Robinson, Jp. 357 -hjs excellency re- fuses to comply, p. 358 Judge Sherwood lays dojyn a rule for enforcing ar^PJlaictive punishnienCjAp. 359 ulr.. Co'lins's memorial to Sir «!. Coiborne, with, the reply, p. 3(>0—^~— Reso- lutions passed by the Assembly, teprToviug'Su. J. Coiborne for the unjust imputations conveyed against the House hyvhi's an- swer, p. 361 Resolutions in favor' of Mr. Collins, p. 36&, &e. Address to His Majesty on his behalf, p v JJ71. Colonial Governors — the British bestow too little 'care in the se- loction of them, xli— — -Income, amount of, since 1827, £$$,- 524, p. 126- the situation of a Lt. Governor* of U. C. des- cribed, Mackenzie, p. 208 his duty, p. 209. See^'f&so, Sir John Coiborne. Sir Peregrine Mciiitand. J^ie'dc- nant Govcnwr Simcoe. Lieutenant Governor Gore. Colonel Smith. Colonial Ojftce. — No account, of the details of the expenditure of the public revenue, on Method st, Protestant Episcopal, Pres- byterian and Roman Catholic clcrgvmcn, sent to ihe Colonial Office in 1832, 1833 & 1834, xv- The interference of a succession of colonial ministers in the affa i r s of the Canadas a great injury, xxxix- protested against by the House of As- nbly m an address tn the Jiing^ p. J 8 1-— ^-iU. proe ceilings i in 1829, pages 20(5 & 207. 4 14 CO 1/ [Index C lonits. — Upper Canada unhappily subjected* to tlic injurious interference of a succession of strangers 4C00 miles off (in the colonial office) in her domestic ai'fairs. Such interference felt to be intolerable, axxix. Committee on Grievances, their report. See Reports on Grie- vances. Committee on the Niagara Falls Outrage. — Consisted of Messrs. John Rolph, Capt. Matthews, Beardsley, Lefferty, and Randall — extract from their report, p. iv*. Chief Justice Robinson's remarks relative to this committee, pages 8-% 10* 11* A gross attack made upon them in a secret despatch of Sir P. Maitland to Mr. Huskisson, p. 13* to p. 17* Further re- marks on the proceedings of the Committee by Sir P. Miit- land, pages 22* & 23* Mr. boulron states that the Com- mittee reported on a petition complaining of pretended injuries sustained, p. 25*. Commissioners' 1 Bill. — Sec Lower Canada. Commons, House of. See House of Commons, Common Schools, inefficient in Prince Edward, Wilson 118 not sufficiently numerous and efficient ; the New England mode the best for Upper Canada, Dunlop 174 numerous but not efficient in Glengarry, Chisholm 2li) neither nu- merous nor efficient in the Western District; the sale of th? Clergy Reserves would afford a fund for their improvement, Angus McDonell, 306 neither numerous nor efficient in the Newcastle District, Brown 323— not sufficiently nume- rous and efficient in the Johnstown District, Buell 351 Ditto in the District of Gore, BuranJ 472. See also Roman Catholic Schooh. Congregatiojialhls receive no pay from the government for their Ministers, xiv. Constitutional checks en Kingly or Aristocratic Encroachments in England, xxxnr not to be found mil. Canada, xxxiv. Cornwall, Nathan, M. P.P. recommends Chatham as a fit polling place for Kent, p. 63. > Ccuity Courts* Bill to Establish, rejected by Legislative Council. 1827, p. 262. Courier of Upper Canada. — Mr. Boulton encloses to Mr. Gur- netf, the editor, copy of Lord Godcrich's Despatch, ordering the Crown Lawyers to be dismissed, for having " promoted the repeated expulsion of n member of the Assembly, alt ho-' the constitutional objections to that course had been made I.VDF.X.] cro i;> Courier of Upjfer Canada — continued. known" to the executive by His Majesty's Government, together with his correspondence with ilie local government on that subject, and stales that he had been for 10 years a law officer of the crown, j). 25)4 A violent and abusive commentary by the Editor, in which lie states that the minds of all the well affected people in the country begin to be unhinged, their affect- ions are already more than half alienated from the British Go- vernment, and they already begin to cast about in their mind's eye, for some new political stale of existence, p. 29G. Courts of Requests. — A Bill to extend the jurisdiction of, and to allow the parties the right to a trial by jury, where either par- ty desire it ; passed the Assembly and was thrown out and re- jected by the Legislative Council in the .Session of 1835, p. 275 The Commissioners are appointed in a manner directed by sec. 2. 3rd William 4. ch. I., p. 300 A return of the Com- missioners, with the dates of their appointment, p. 318— — for the Eastern District, p. 318 Ottawa District, p. 320 Johnstown District, p. 320 -Bathurst District, p. 321 Midland District, p. 323 Prince Edward District, p. 323 Newcastle District, p. 324 Home District, p. 326 Gore District, p. 327 .... Niagara District, p. 329. . . . London District, p. 330 Western District, p. 331. Craig, Sir James Henry, the Prince Regent's instruction ap- pointing an Executive Council, p. 302. Crir&inal Prosecutions. — The Crown Officers exercise an excln- siva rrght to conduct criminal prosecutions at the Courts of Oyer and Terminer and General Jail Delivery — report of com- mittee to H. of A. p. 204. C rev 1st, Rev. Mr., sent to Lake Simcpe to rescue the Indians from *he fangs of the Yankee Methodists, p. 33. Crooks, Hon. James. 2371£ acres granted to him by the govern- ment, p. 250. Ciookshaiilc the Hon. George., income and land grants to, p. 248. Crown. Patronage of the Crown in Upper Canada, in Checks on arbitrary power in England, xxxlii. Crown Lands, would have compensated the Americans in part for the expense they incurred in the invasion of Canada, Mc- Micking 437. . . .on emigrants settling on, p. 170 to p. 175. Crown Lands Office, salary of Commissioner, p. 114 of Lis clerks, p. 115 of agents, p. 121 Income of agents, pages 171, 172 His Majesty, on Lord Goderich's recommendation, had stopt their gratuitous distribution, p. 224. 16 DIC * [fvoux Crown Lawyers, the, (Messrs. Boulton and Hagerman.) w returning Lord Goderich's Despatch, iliv exerefse in ex- clusive right to conduct criminal prosecutions at the courts of oyer and terminer and gem ral jail delivery, report to H. of I 204 Account of their dismissal from offiee, and the ca p. 394 to p. 239 both the crown officers (Messrs. Robinson and Boulton} were engaged in defending the prisons guilty of the outrage upon .Mr. Forsyth's premises al the Niagara Falls, Com. of Assemlly, p. iv*. Crown Office — A f?riovancc of magnitude xn the Judges have the power, to remedy the evil by diminishing the tors xm. Cultivated Lands in 18:34, p. 109 in 1833, p. 110. !>. Dalian Tkomas. — ( Analysis of Jos evidence.-) — Is !he proprietor of tha "Patriot," 309 — paid more postage than Mr. Staynerhai returned to the British Government 311 — thinks the return of-50 papers to the Kingston Chronicle incorrect, 313 — thinks lot' postage r.\'rs between Canada and England enormous, 315 would recommend on3 halfpenny a shoot postage, civ. Hi t;o:i in the case of F. Collins, p. 350. t.er 5 — DeM, Provincial, was £180,500 currency and £176,600 sterling on 13th of January, 1835, Dunn 421— -the amount of outstanding debts due to the provincial government not known in Receiver General's Office, Tur.quand 420 — btlleves that it is rho duty of the Inspector General to keep an account of such debt-, Tarquetnd 4 .7. Defamation of the character of Mr. Ro!ph and others by Chief Justice Robinson, in a secret report to His Majesty's Govern- ment p. 204. Despatches are not enreg'istered in any way, Rowan 28 Sir Jiohn Colborrie rofuses to lay before the House of Assembly the correspondence of the Colonial Executive with the British Gov- ernment relative to the dismissal and re-appointment to offices of Messrs. Boulton and Hagertran, the expulsions of Mr. Macken- zie, arid the nomination of Mr. Jameson to the office of Attorney General, without the sanction of the Colonial Office, p. ^50 " It has of late years grown into a practice to submit the official correspondence had with the Colonial Office to the Legislatures of the Colonies, if called for by them, unreservedly". ... Des- patch, Sir P. Mailland, Governor of Novascoiia, to Lord Stanley, London 2Ath Jane, 1833, p. 23. * See also, Viscount Godtrich. Sir J. Colbornc. Right Hon. E. G. (now Lord) Stanley. Sir Geo¥gt Murray. Sir P. Maitland. Sir Geotge Prevost, flight Hurt. \V. Huskisson. Lord Castlereagh. Dickson, JTon. W'uliam, member of the Legislative Council, gives evidence of the subservience of that body to the Executive, xxxvn . . . grants of land to, p. 249. K;>Ex.] o i N i^r Lawyers. See Crovrn Lawyers. Htnry John i I I 0?i. Tl e pTW»l for building their Chapels to he reduced n C4,200 to £2000, p. 130.... See also Col. Rowan's letter. p. 129. Fe^s to the clerks too high xn Jonas Jones a judge of three districts, holding other offices, xni— ^ — Incomes of the Jud res, see page 116 to page 120 For incomes of Clerks of the District Court, see pages 119 & 120. Distrie' Funds. Direct District Taxation, 1S33, £18.441 7 do. 1834, £13,671 ; also wild lands assessment rates, p. 1S7. District Schools, in most case? n nuisance, A. McDondl 3U7 Salaries of the Masters, p. 119. District Treasurer?, £740 oC pnr centage paid to twelve ; (heir ap- pointment is in the justices of the several districts, p. 187. Dunlop, William. (Analysis of his Evidence.) £100 the ori- ginal nominal value of a share in the Canada Company, 159 £17 10s. per share have been paid up. 161 the shares sell in London at £42; were once at £53, 162 thinks the bill for a more equal division of Intestate Estates a Iwl measure, 163 — thinks that an Elective LegislativeCouncil would make us a repub- lic, 164 pensions to Judges should be regulated by Law, 165 — ■ thinks the Governor should appoint the Postmaster General, and that his accounts should be audited like those of o'her public officers, 163 is in favor of having an Agent in England as a means of checking hasty legislation there affecting colonial in- terests, 267 thinks the legislature have shewn their incapa- city of managing revenue matters, a? for instance the Welland and St. Lawrence Canals, 169 does not consider the waste lands of the crown to be public land, but in possess ; on of tho Crown, as much as Windsor Park, 170 the public revenue ht to be appropriated only according to law, 171 No Ca- nada Company's Settler has ever been ejected from a lot, 173 — the Common Schools are not sufficiently numerous and efficient; recommends the New England system of taxing all for the sup- port of schools and compelling parents to send their children to school, 174. . . .believes high pos f sge rates on letters to be bur- thensome and injurious to trade, 135. . . .believes that the Cana- di Company was formed for the express purpose of paying the War Losses, 177. ... is opposed to partial payments from the public revenue to uphold certain religious sectsl78 and in favor of a government responsible to public opinion, 180 — the Company's Jsin the Huron Tract are selling at 8s. 9d. to 15s., 1S1— that fr*ct liable to be taxed, but the Crown Reserves are not lia- ble, 152. .. .a Crown Reserve liable to be taxed the moment a settler is licensed by the Company to settle on it ; the unsuxvey- IS DUR [r.vnr.x. Dunh>y, William — Gontinfleff. ed parr of the Huron Tract pa^s no tnxrr, 1S3. . . . nil Company Lands are sold to settlers en credit, With interest, 185. . . .think* that the omlay of money by the Company will am:>!y compen- sate the province for the monopoly granted them, ISO. . . .thinks that the Company's Charter conveys Banking powers, but Ser- iennt Spankie and Sir John Campbell think otherwise, 192. . . . £26*000 have been expended in improving the Huron Tract, 195 . . . .the Governor alone judges of the expenditure, 197. . . .the number of shares held in the €;tnada Company is now over 1)000, — 199. . . .the dividends to shareholders on their paid up capi- tal have been 4 per cent, 20U. Dunn, Hon. John Henry. (Analysis of his Evidence.). .. .There are two revenues, one under the control of the province legisla- ture, and the other under the control of the Lords of the Trea- sury, 402. . . .the balances of revenue are very fluctuating, and may averge £10,000, 404 thinks the banks safe places for public deposits, 406. .. .gives security for public balances, 407 . . . .thinks the supervision of the Inspector General extends to all branches of revenue, 400 pensions are paid by -ordec of the Lords of the Treasury, 414 . . . witness receives £200 out of the funds of the Canada Company for the accumulating business connected with crown duties, 415. .. .receives another £200, sterling, as Receiver General of Crown Lands, and £700 as Receiver General, from the Province, 416. .. .accounts to the Inspector General twice a year, 417 ...thinks the Commer- cial Bank notes have the largest circulation in the Province, 420 the public debt was £180,500 currency and £176,600 ster- ling 'on 15ih January, 1835, 421. His Income & Duties ix. . . . Errors in the return to His Majes- ty's Govermeut per Blue Book, as to his income, Rowan 52. . . Letters to W. L. Mackenzie concerning the public Funds, p. Ill Letters to do. on do. p. 112 and 113 Salary, p. 114 ....Payments made to him since 1627, £11,534, p. 123...- Letfer to Colonel Rowan on Revenue, p. 131 .... Offices and grants of land, p. 250. BvrcmJ, James, M. P. P. — His opinion relative to proper polling places for Hal ton, p. 66. (Analysis of his Evidence.)— -Is fearful that the tendency of our system of government is to discourage the more wealthy and enterprising classes of emigrants, as very many of them, of large capital, settle in the United States, 404. . . .the Justices of the Peace in the Gore District are generally taken from the govern- ment side in politic?, latterly new comers, in whom the people have little confidence, 467. .... the Commercial Bank is supposed to circulate more notes than any other in the Gore District, 469 . . . .the population of Halton is about 30,000, 470. . . .Common ■Schools, generally speaking, are r.ot sufficiently numerous or ef- ficient, 472 the Canada d mpany w ill yet do great injury by draining the country of money to send to England, 473 is in favour of an elective council ; the council, as now constituted, is regardless of the people's wishes, 478. E I I 19 i: i District. — The refusal of the bench oi rrn- dec an account to the House ot' Assemfa receipt? of the local taxation ami revenues raised from the people, a proof that the sys'om requires revision, v. . . . the compla nfs of the people of that D. strict against Magisterial peculation, of long standing, vi. .. . L st of the Magistrates in, p. 316. ...List of Commission- on of the Courts of Requests in, p. 313. tastical Establishment, xiv. . . .The Ministers of the four sect* composing the Ecclesiastical Establishment derive their official pensions entirely from Provincial Revenues, xv. £4n,4U paid them in that way in 1832, 3, 4". p. 129 Receiver General's account, payments to, p. 132 to 134. . . .animadversions on the political system of three state paid churches, M \ lie, p. 200. . . .Mr. Mackenzie reminds Lord Goderich of the remon- e ; ranees of the House of Assembly against Church and Stale unions, p. 2:r4. See also, Methodists- Church of England. Church of Scotland. Roman Catholics. ♦ Education and Schools. — Conduct of the Executive with respect to. Bfackenzie, p. 199. . . .Lord Goderich expresses the great anxie- ty of His Majesty for the encouragement of Education in Canada* p. 22') . . . .the Legislative Council expresses its regret that His Majesty should have found it necessary to quicken the authorities in Canada to their duties of promoting the education of the peo- ple, by enforcing Mr. Mackenzie's views p. 2-39. ...Bill to en- courage Education, 1535, rejected bv Legislative Council, p. 275. (r^T" A Bill to amend the charter of King's College, and a Bill to promote Education, which were rejected by the Legislative Council, with a copy of the College Charter, are placed at the end this volume for reference. See also Clergy Reverses Sale Bill. Graniuam Academy En- :mt Bill. University of. King's CoUesre. Upper Canada Coll ,'e. Common Schools. Roman Catholic Schools. ■ ons — Alterations in the law of, must originate with the Pro- vincial Legislature, Goderich, p. 219. . . .an abuse of the influence attendant on ottiec for controlling elections would deserve cen- BWe, Goderich, 225.. ..it is His Majesty's earnest desire that the expense of Elections should be reduced within the narrowest limits, Goderich, p. 22S Lord Goderich recommends the re- peal of the act disqualifying British subjects who had re- sided in a foreign state from voting at elections until uf:er a se- ve i years' residence in Canada, p. 224. See also, PMing Places. Leeds Election Ballot Bill. Institutions.— Arguments in favour of, xxxiv....an ctive Legislative Council recommended by the Committee, xxxix. . . .opinions of Mr. Pox, nnd other eminent statesmen in favour of, xxxix . .th n Legislative Council inform his Rfaj vernmeut that their confidence in the prudence of the Parent tte hid begun to be impaired some yjaii ago, when they saw 20 E V E [iNDfex. JSlective Institution*— Continued. a Committee oi the House of Commons asking questions of" .such individuals as happened to be at. hand," .and pressing on them jis if were to give sanction to the opinion that the Legislative Coun- cil should he rendered elective, a change which they, the Coun- Cll, greatly deprecutn, p. 240. See a l^o Legislative Council. tZttice, Rt. Hon. Edward, M. P.— Assists Mr. Mackenzie in his efforts to obtain a redress of the Grievances complained of by 24,500 inhabitants of Upper Canada, xxiv .... report by, con- cerning the best mode oi' managing the public revenue^ p. l?ij. Elliott, William, voles for returning Lord Goderich's Despatch, xlty ... .grants of the nublic lands made to him, 1400 acres , p. 252. Elmsley, Hon. John, complains that the Executive Council is not an independent body xxvu. . . .H : s letter, on resigning his seat in the Executive Council ; declares he could not express his sen- tfrrjentsat the Council Board, if opposed to those of the Executive without incurring the risk of dismissal from office, p. 91 . . his y statement declared incorect by Archdeacon Strachan, 52G. . . . and by Mr. P. Robinson, 591 . . . return of his offices and grants of land p. 250. . . .appointed to the Legislative Council, p. 277. Emigration. Expenditure on, xvui. . . .The more wealthy class o* Emigrants pass thro' Canada to the United States xxvi ...the more wealthy cla c s of emigrants take up their residence in the United States, alledging that they like the management there. McMicking 403. . . .very many emigrants of largo capital settle in the, United States, Dwrand 464. . . .encouraged by the Execu- tive Government but discouraged by the slanderous newspapers, Strachan 533 .the system of government has not tendered to discourage wealthy and cnterpr. zing emigrants, Robinson 584. . . expenditure on, 1831, 2,3, 4, £31,728, p. 1G9. . . .imperfect mede of accountir g for public monies, p. 172. . . . Roswell Mount's ex- penditure, £7,558, p. 172 Mr. Macdonell, M. P. P's. expen- diture, p. 172. . . .payments by Mount for provisions to emigrants in Adelaide & Carradoc. p. 173. . .the political priesthoods paid by government believed to be the cause of the disputes engen- dered between the Orangemen and other Irish emigrants, p. 200 ....mismanagement in the land granting department drove 29,- 000 emigrants from Canada in 1827 and 1828, p. 21(3. Emoluments of Public Officers. See Salaries. Espionage. — Systematically spreading from the seat of government, over tlie face of the country, see petition, p. 103. . . .in the ea>« of Capt. Matthews, p. 203 .... prevailed during Sir P. Mait- land's government, to the ruin of many good men, p. 206. Everlasting Salary Bill. — Sir John Colborne's Want of candour in concealing from the Assembly fbo King's liberal proposal tor a flirther provision for the civil list. The everlasting salary has spread universal dissatisfaction and distrust, xlii ttord Index.] fe X P MM Everlasting Salary Bill — continued. Goderich's remarks on the, pages 228 & 229 First Ever- lasting Salary Act Repeal Bill, rejected by the Legislative Council, 1829, p. 264— and again, 1830, p. 267. Executive Council. — Extravagant Income to its first clerk, xi Described by Mr. Stanley as a perfectly anomalous body xxvn its duties and powers, xxix The executive council has ne- ver satisfactorily fulfilled its duty. The House of Assembly express dissatisfaction with the conduct of the council, xli All the members of the present executive council join in an unanimous vote of censure against the communication of the King's pleasure thro' Lord Goderich's despatch, but are ne- vertheless continued in the service of his majesty, xlv The council is permitted to see such parts only of the corres- pondence between the lieutenant governor and colonial office as he thinks fit, Rowan 30 ought to be responsible, and removable at the call of the people, for abuse of power, Hume, p, 98 incomes of its members and officers, p. 115 im- perfect audit of accounts by, p. 174, 175 Sir John Col- norne's letter to Sir George Murray, with his opinion of the, p. 277 in no case are powers committed to it except by ex- press provisions of British or Colonial Statutes; it should con- cur with the lieutenant governor in deciding upon applications for lands; and advise his excellency when he asks advice; the lieutenant governor exercises his judgment in asking for their advice, except where directed by the royal instructions, Colborne, p. 301 Executive councillors are appointed by the King, Markland 493 cannot act independently and retain their seats, Elmsley, p. 91 can act independent- ly and continue in office, Robinson 591 Despatch, Sir G. Prevost to Sir Isaac Brock, appointing him senior member of the council, as the senior officer commanding the troops, p. 302 Sir Gordon Drummond, Chief Justice Scott, the Bi- shop of Quebec, James Baby, Alex'r. Grant, John McGill, and W. D. Powell, made members of p. 303 proceedings in Council, p. 303 report from, on the case of colonels Giv- ens and Coffin's imprisonment, p. 20*. Executive Functionaries, endeavour to excite dissatisfaction with the law for raising a fund for the relief of destitute enrgrants —strive to engender dissension between the people of the two Canadas, xlvi. Expenditure, Public, See Public Expenditure. Expulsions of W. L. Mackenzie. — The Lieutenant Governor al- ledges that Messrs. Boulton and Hagerman had been removed for the part they took in Mr. M's expulsions, xxxi. ...Votes relative to xliv. , . .A difference shewn by Lord Howick in the claim of Mr. Christie and Mr. Mackenzie to the action of (he Government relative to their expulsions, p. 293. 5 22 F R A [Index, F. Family Compact. —The government little better than a family compact, xliii. Farmersvilk Rioters^ released by Sir John Colborne, xxi. Tees. — The Tariff of Fees in the Court of KiDg's Bench regu- lated by the Judges at their discretion, vi. . . . A revisiou of the tariffof Fees paid to Sheriffs recommended, xn. . . .The tariff of Fees paid at the Crown Office declared to- be a grievance of magnitude — the Judges have the power to apply a remedy, xnr.»..Fees-, Salaries and Emoluments, page 114 to page 122 . . . Fees repeated in the Blue Book, p. 188. Felon's Counsel Bill. — Bill to allow persons tried for felony the benefit of full defence by Counsel, passed in the House of As- sembly, 1825, but rejected by the Legislative- Council, p. 259 — again rejected by the Legislative Council, 1820, p. 260.... again rejected by them, 1827, p. 261 . . . ►again rejected by them, 1828, p. 263 . . . again rejected by them, 1831, p. 268 again rejected by them, 1832, p. 269^ Fitzgibbon, James ; his income, p. 116 claim&£54 as an Emi- grant Agent, p, 172; Forsyth, William, complains to the House of Assembly of Sir I*. Maitland and Cap* Phillpotts. .. .a committee report on his petition, p. 204. . . .report to the Assembly on the same sub- ject, 1835, p. iv*. . . .his petition, 1* . . . .evidence on it, 2*. . * . Address of the House of Assembly on his behal£ 26* Sir J. Colborne's reply, 26*. See also, Niagaia Falls Outrage. Forty-foicrth of the King repeal Bill (otherwise known as tfcie Gourlay Banishment Bill.) — A Bill for its repeal, passed by the Assembly but rejected in the Legislative Council, year 1824, p. 258 ditto do. 1825, p. 259 passed by the As- sembly and so altered and changed in the Council as to pro- cure its rejection in the Assembly, 1826, p. 260... ditto dc* 1827, p. 262.. .passed by the Assembly and thrown, out by the Council, 1828, p. 26a Fothergill, Charles, brought the question of the dismemberment of Lower Canada before. the Assembly in the- shape of resolu- tions, p. 286. Fox, Right Hon. Charles James, was in favor of Elective Insti- tutions as being the most suitable for the Canadas, xxxix. Frase 1 -* Alexander — allowance and public lands given to. p 252 Fraser, Richaid Duncan, offices held by and public lands granted to, p. 252. Friends, or Quakers — A Bill for their relief from certain disa- bilities, passed in the Assembly and rejected in the Council, in 1825, p. 259. . . .and in 1826, p. 260. . . . Bill to allow their evi- dence to be received in criminal proceedings, 1826; royal as- sent withheld from, p. 260. . . . A Bill to relieve tjiem from the payment of fines or commutation money for the non-perform- ance of militia duty in time of peace, passed by the Assembly and rejected in the Legislative Council, in each of the follow- ing sessions, viz : 1830, p. 267 .... 1835, p. 274. Fund3, or Accounts kept by the Receiver General, Fund A.., Fund B., Fund C, 6cc, p. Ill . . . .Fund D. ordered to he kept separate from Fund K. p. 184. M» Gag Law, passed fourteen yearsago, making it a crime for peo- ple to meet and complain of grievances, Mackenzie, p. 202r-r— Lord Godcrieh's remarks on, p. 225. Gamble, Clarke, as attorney for the Bank of Upper Canada, in- stitutes three lawsuits against Henry Pannebacker, a Waterloo farmer, and charges £30 costs on the balance of a bill of £50. discounted at the Bank and oveidue — '—Pannebacker 600. Gamble, James, his expenditure in aid of emigration, p. 170. General Meeting of Horns and neighbouring Districts. They ap- point Mr. Mackenzie to carry to London an address to the King and a memorial to the House of Commons, and to support the prayer of the same by evidence, p. 189. Givins fy Coffin, Colonels. — Chief Justice Robinson's remarks upon their arrest and imprisonment, p. 9* Sir Peregrine Maitland transmits a statement to Mr. Huskisson, relative to their arrest and imprisonment by the orders of the House of Assembly; stating" that colonels Givens and Coffin had noti- fied him that they had been summoned to attend a committee of the Assembly appointed to enquire into the merits of a pc thion from Wm. Forsyth; that lie refused to permit their at- tendance; that the House brought them to its bar for contempt; and sent them to jail, p. 13* to p. IS*— Summons to Col. Givens, his reply and Sir P. Maitland's order, p. 18* Sum- mons to Col. Coffin, his reply, and application for permission 'o appear, p. 19* Despatch of Sir G. Murray, relative to s p. 20*. Glebes, xvn 1500 acres of the commons left in lieu of side lines in certain townships in the Niagara District lately granted by licence of the executive to the churchwardens of an En- ;lish church, McMicking 442— Glebes set apart in 1833 K 1834, p. KU— Glebes reserved previous to 1833 p. 464. M God (twMMd Godcrich, Lord Viscount (uow £arJ 0/ Ripon.) — Had the King'a commands to express the royal wish that the people might be consulted concerning the constitution of King's College, xvn 1 — — His despatch of 8th Nov. 1832, in answer to the complaints of the people, made thro' Mr. Mackenzie, xxii It contain- ed many valuable concessions to the wants and wishes of the people, but was treated with indignity by men in office in the provincial parliament, xliii Letter to Dr. Baldwin on Ca- nadian Grievances, 7th May, 1829, p. 08 The views of the British Government can only be made known to the people of Upper Canada thro' the Governor or the Legislature, p. 191 interview with Messrs. Hume, Viger, Mackenzie and Geo. llyerson, p. 191 postponed, 192 2nd interview with, p. 193 — ^further audiences, p. 195, 19G Selections from pa- pers addressed by Mr. Mackenzie to, and sent to Sir J. Col- borne for publication in Upper Canada, with despatch of Nov. 8th, 1832, p. 196, (A. to L.) The despatch to Sir J. Colborne, page 217 to page 234. His Lordship had selected three documents from Mr. Macken- zie's correspondence, of which copies had been sent to Sir J. G. The petitioners for a redress of grievances, 12,075, p. 218 petitioners satisfied with the institutions of the colony, 26,854 persons alterations in the election laws must origin- ate with the provincial legislature, p. 219. .. .observations on the basis of representation, p. 220. . . .the subject continued, p. 221. .. .on a town representation, p. 222. .. .favorable to a re- presentation being given to an University, not such a one as that which had been chartered., .his majesty's government iiad referred to the House of Assembly the question, in what form and on what principles the college should be founded. . . . in favor of the payment of wages to town members on lo- cation ticket votes, p. 223.... would be happy to introduce a bill into parliament, if necessary, to enable the menonists and tunkards to exercise the elective franchise on the same footing as the Society of Friends. .. .the gratuitous disposal of the crown lands interdicted ... .recommends the repeal of the act disqualifying British subjects for 7 years from voting, after a residence in a foreign state, p. 224.... the Colonial Advocate a proof that the freedom of the press is enjoyed in Upper Ca- nada. ...remarks on law of 1818, prohibiting meetings, and on alien question. . . .an abuse of the influence attendant on office, for the purpose of exercising an improper control over elec- tions, would justly expose to the heaviest censure those to whom it could with truth be imputed, p. 225— —His Majesty desirous to encourage the education of the children of the yeomanry has invited the Legislature to consider how the University could be best constituted a large portion of the public lands had been set apart for the purposes of education, and the royal assent would be given to any system of local as- sessment for building ochool houses and maintaining teachers, 826 the House of Assembly should have the most full and particular account they may choose to call for, of the re- ceipts and expenditure of tut whole revenue from whatever Iadf.x.J c; O D 25 Goderich, Lord Viscount (now Karl of Ripori) — continued. source derived, p. 227 is rather predisposed to Ihe opinion that by resigning their seats in (he legislative council Archdea- con Strachan and Bishop McDonell would best consult (heir personal comfort and the success of their designs for the spii itual good of the people does not wish that an undue pre- ference should be shewn to the preachers of religion of the esta- blished churches of the United Kingdom it is the earnest de sire of his majesty that the cost of elections should be reduced within the narrowest possible limits refers to the Blue Book as a proof of the smallncss of the salaries of public servant;;, p. 228 remarks on proceedings of the committee on the state of the representation the people of Upper Canada have the highest claims to the attachment of their sovereign and the British nation, p. 229 the question of a dissolution of the legislature considered Mr. Norton's election various acts of misconduct attributed by Mr. Mackenzie to the House of Assembly in the 11 th Parliament on the granting of a per- manent civil list without stipulating for the independence of the judges, p. 230 the King would rejoice to assent to a bill for securing the independence of the judges- on the voting of the civil list the questions of juries and township offi- cers admit an infinite diversity of opinion, p. 231 if the degree of influence possessed by the crown in the provincial legislature was found to be considerable his majesty would not hesitate to assent to a law to limit it, p. 232 opposed to a dissolution of the parliament —the government not atfswera- . ble for Mr. Hume's promises — —his lordship's colleagues and himself had been anxious to conciliate the Canadas by a con- stitutional system of government, p. 233 Sir J. Colborue'a reply to the above despatch, p. 23-1, with the addresses in an- swer, by the legislative council, p. 235 by the House of Assembly, p. 243 by 1605 inhabitants of Lennox and Ad- dington, and 596 inhabitants of Ci bourg and its vicinity, p. 214. His Lordship denies that the colonial department had ever given authority to any person to agitate the project of a union of Montreal with Upper Canada, p. 273 acknowledges the error into which the colonial office had fallen with regard to the number of persons who petitioned for a redress of grievan- ces, and admits that the number of signatures attached to the petitions entrusted to Mr. Mackenzie to be presented to the King far exceeded twenty thousand, 291 instructs the li- brarian of the colonial office to shew to Mr. Mackenzie such papers relative to the affairs of Upper Cauada as he might wish to consult, p. 292 his lordship's despatch authorising Sir John Colborne to inform Messrs. Boulton and Hagerman, that they would be dismissed from their offices of attorney and soli- citor general, p. 295 — - — an abusive commentary by the Editor to whom Mr. Boukon had transmitted ihe despatch fur publi- cation, p. 296. 23 GRL [Index. Gore District.— List of the magistrates ;p. 307 — —List of the commissioners of the court* of requests, p. '327. Gordon, Hon. James, public lands granted to, p. 25.0. Gordon, Rev'd Mr., shocked and scandalized by Bishop Mc- Donell'8 political crusade in 1832, O' Grady 225. Gore, Governor.— -Doctor Strachan and Justice Powell governed the Province, till they quarrelled among themselves, under his nominal administration, Macdonell, p. .37 his communica- tions to the executive council in 1808 & 1809, p. 303. Government, opinions rs to the best system for U. C. xxx. . . . want of responsibility proved by the dismissal and reappoint- ment of the crown lawyers, xxxi. ...should be responsible to public opinion, ' jQunlop 180.. ..the House of Assembly re- monstrate with his majesty on the unconstitutional interference of his ministers, 4000 miles distant, in the domestic concerns oi the colonists, p. 182.... His majesty's servants, clothed with the authority of office held during pleasure, place the dismemberment / Assembly — Disapproves o* the conduct of the Colonial Government in attempting to uphold certain particular religious sects by money grants, xiv ...declares that it recognizes no particular sect as established with exclusive privileges, xv Little respect paid to its opinions by Sir John Colborne, even in subordinate matters xx, xxi. .. .Men in office treat Lord Gode- rich's Despatch (making concessions to the wants of the people) with indignity, and attempt to suppress it in the Assembly, xliu, XLiv....Vote on the question of suppressing the Despatch, xliv. . . .House of Assembly has at all times made satisfactory provision lor the support of the government, cut of the revenue raised by taxation, xlvii. . . .Orders and votes on printing Re- port on Grievances, xlix. . . .The House refuses to rescind its order to print 2000 copies of Grievance Reports, or to suppress the publication of Bishop M'Donell's Letters to Dr. O'Grady, l . . . .The House of Assembly unfit to manage the Land Revenues witness its conduct with the Welland Canal, &c, Diuihp 169 ... . Board of Education suppressed on an Address of, Skrachan ■ . . .the Legislative Council appeared to have m ide the good el' the Province muc5 more its study than, Slraclhan 543. , . .*« iia 6 80 II O U [IXULT JFouse of Assbinhly — continued. mmbers " have been the chief orlice-ho'ders and the chief office expectants for the last thirty years, Strackan 555-. . . „ita first etep should be to assert its control over the whole provincial expenditure, Hume, p. 97. .. .income of some of its Officers, p. 116. Extracts from its address on the proposed disallowance of the Bank charters; the interference of the colonial office in the doings tic concerns of the colony protested against ; the house claiin3 the same right to be consulted in the making of laws for the peace, welfare and good government of the province, which the people of Britain enjoy in respect to laws to which their obedience is required, p. iSl With the exception of laws incompatible with the just rights of other colonies and treaties with foreign states, the house submits that no laws rightfully can be dictated tt;, or imposed upon the people of Upper Canada to which the House of Assemnly do not freely assenS p. 182 vote on the address, p. 182. . . .resoutiou against interference from abroad in the internal concerns of the colony, p-202 ~epi ! rt from com- mittee of, on outrages and monopoly of criminal proscutions, p. 204 it addresses his Majesty, 12th January, L29, on the state of the province, the evil advisers around the Lieutenant Gov- « rner and the administration of justice, p 203 and again, 14lh i\l arch, 1829, p 207. Address of thanks for Lord Goderielv's Despatch i deeply re- gretting that it did not occur to his Iorrlship that the allegations it. contained rested only on the testimony of "an individual who had been twice expelled that House, and who in consequence of h:s having fabricated and re-iterated libels of the grossest descrip- tion, had been declared unfit and unworthy a seat in the Assem- bly during the present parliament ;'' and remarking that the re- medy for any alledged ills is placed ia the hands of the colonial legislature, p. 243. "Returns of the names of the members on the 1st of July, 1832 stating the offices they hold, the pay, pension and income of each from government, with all laud grants, p 252 to 257. Titles of ail Bills of a public character which having origina- ted in the Hou-eof Assembly, were lost in the Councilor alter- ed so as to ensure their rejection in the Assembly, or which having originated in the Council were afterwards rejected by fiie Assembly — or which had passed the Council and Assernb:y and been rejected by the King in Council — years 1824 to 1835, p. 258 to p. 277. Titles in 1^24, p. 253— in 1825, p. 259— in 1826, p. 260— in 1827, p. 281— in 1823, p. 203— in 1829, p. 204— in 1830, o. 266— in 1831, p. 208.. .in 1832, p. 289, in 1333, p. 270. ..in 1833 4, p. 272. ..in 1835, p. 274. The House of Assembly in the 11th and other Parliaments p-iss bills to remove grievances... these bills opposed by Govern- ment, p. 283, 234, 285....;. List of Members of the 11th Parlia ment who had accepted ofSces, with tire offices, and the date? of their appointments, p. 334 List of Members of the pre- sent House of Assembly holding offices or pensions, deicrijbii. the offices and duties to be performed, p. 335. Index.] HUM Jfjuse of Assembly — Continued. Proceedings in the case of Francis Collins, p. 356 fo p. 872 votes of the House concerning, p. 357, and p. 362 to p. o71 address to Sir John Colborne, p. 35? : to the King, p. 371 resolutions censuring His Excellency for his indecorous imputa- 08 against the House, p. 361 resolutions in favor of Fras. Collins, and censuring Judge Sherwood and the Executive, p 368, &c. Report of a select committee on the petition of William Por- i, complaining- of the Niagara Falls outrage, in* For- syth's petition, p. 1* Sir P. Maitland*s account of the pro- ceed ings in the case of Colonels Coffip and Giving' arrest a?^d imprisonment for contempt, they having refused to obey the s of the House to give evidence on Forsyth's petition, in 1323, p. 13* Sir Perogrine makes a gross and unwarrant- able attack on f he rights and character of the House, (9th Par- liament) p. 10* and 17* It has of late years grown into a practice to submit the official correspondence of the Colonial Executive with the Colonial Office, unreservedly, if called for, AfaUUmd, p. 23* the House address Sir J. ColLorne with copy of report in favor of W. Forsyth, and requesting him to favorably recommend his (F's) case to His Majesty's Govern- ment, to which he replies that he would forward the documents but could not recommend the claim for remuneration-, p. 26-* See also, Goderich, Lord Viscount. Hume. Joseph^ M. P. assists the agent for the petitioners in Ca- nada, praying for a redress of grievances xxiv. . . .favorable to -Elective Institutions in the Canadas xxxix. Letter to Doctor Baldwin on Canadian Grievances, 1st May, 1829, p. 97. . . .the first and most important step of the House of Assembly would be to control every item of die provincial expen- diture. . . .Canadians should be exceedingly cautious about the encroachments of the Church of England to any thing like a dominant religion the members of the Executive Council should be responsible, aid removeable on the call of the people, for abuse of power, p. 93. . . .returns to addresses of the House of ConiTnns moved by, p. 216, 217. . . .Do. p. 246. . . .Do. p. 25-3 Lord Goderich appoints an audience with, on Canadian affairs, p. 191 Letter to, from Lord Goderich, stating that he had laid before the King the address of the inhabitants of the Niagara District, p. 193. . . .the government not answerable for Irs promises of reform, Goderich, p. 233.... the Legislative Council express their apprehensions of the ** political unions," which threaten alike the peace and liberty of the people, and which it was supposed he had sanctioned, p 241 presents the petition of the Methodists and Dissenters to the House of Common-, 8,000 signature?, 1323, p. 231 present? the peri- tion of 10 000 friends of civil and religious freedom, in do. Ii81, p. 232 presents the petition of 10.000 Upper Canadians, praying for an Elective Legislative Council, 1332, p. 292. 32 INS [T.VDLlf. Hani, Samuel P-, was appointed Surveyor General, 1st ISTovem- ber, 1829, entered upon the duties of the office, 82d May, 1- received months full pay on his appointment, then half pay and emoluments until he arrived in Canada, this was by order of the Home Government, 603.... £798 18 10j, and £143 13 11$, ■sterling were paid to Mr. Chewitt as principal clerk and senior surveyor and draftsman, and half the emolument of the Survey- or General's office from Nov. 1, 1829, out of fund A. he refund- ed these sums to witness, they being the sums accruing to him during- his absence from the Colony, as per the Despatch of the Home Government, 604. .. Ana incume in 1834, vvus £600 ster- Eng, salary, and £75, fees, 605. . . .his note with answer, p. 300, see also ix. . . .see p. 114, and note. Iluskisson, Right Hon. Wm. A speech of hi* animadverted upon in the petition from York county, 18'29, p 100 Despatch to, from Sir. P. Maitland, in the matter of the arrest of Colonels Givens and Coffin, p. 13.* I* Impeachments. The legislative council is a fit tribunal to try, Strachan 548 The circumstances of the colony do not warrant the giving the legislative council the power to try, Stanley, p. 96 it has never been conceived that one of the powers given tc the legislature by the 31. Geo. 3rd, was to prefer impeachments, because the legislative council has no power to entertain or dis- pose of them, Maitland, p. 16.* Indenture between the freeholders of the county of York and the returning officer, declaring \Y. L. Mackenzie a representative in the assembly for that county, p. 190; Indian Department, expences of, defrayed from England, amounting, it us probable, to about £2,000, p. 341 Letter, Lord Howick to the Hon. J. K. Stewart, proposing a reduction of the Indian pre- sents, pensions, &c., p. 341 Estimates for defraying the char- ges in the two Canada?, p- 343. Inheritance, law oj. Bill. See Primogeniture Laws. Intestate Estate Inspector General. It is his duty to keep an account cf outstanding monies due by public accountants, TSir quand 42fr all public accounts are sent to his office for inspection, Turquand 429 The duties of the office might be defined by statute, Markland 483 crown lands commissioner accounts half yearly to, for crown lands sold, and yearly for sales of crown timber, Robinson 566 income of, and his clerks, p. 115 circular from his office, requiring the personal attendance of collectors of customs, p. 333. £>ee Hon. Geo, II. Markland. Index.] JON 33 Inspectors of Tavern an 1 Shop Lici nces — Their returns oflheir in comes, p. 117. ate Estate Bill. — The Bill for llic more just and equal division of the property of persons dying without leaving a will or testa- r-.ent, passed the House of Assembly, and was rejected by the Legislative Council, 1824, p. 258. . . .it again passed the Assem- bly, and was again rejected by the Council in each of the follow- ing years and Sessions, viz. : in 1826, p. 260. . . .in 1827, p. 361 . . . . in 1828, p. 263. . . .in 1829, p. 264. . . in 1830, p. 266. .. . in 1832, p. 269 in 1835, p. 274 representation by Mr. Mackenzie to Lord Goderich of the opposition given by the Go- vernment to this Bill, p. 283. Ireland. — Catholic Clergy and Laity opposed to a Church and S!ate union, 124. . . .the Colonial Officers want to divide the people as Ireland is divided, and to govern them as Ireland is governed, Mackenzie, p. 289. J. Jail Limits Extension Bill, passed the House of Assembly and was rejected in the Legislative -Council, in 1828, p. 263, and in 1829, p. 264. Jameson, Robert S., Attorney 'General. — Riots at the Election for Leeds of, xxi....the House of Assembly address Sir John Colborne for all correspondence between the Colonial Executive and his Majesty's Government relative, to the appointment of. . . .which lie refuses to submit to them, unless the sanction of the Colonial Office were first obtained, p. 3o6....his evidence before the Committee of tne Assembly (1835) to investigate the Niagara Falls Outrage, p. 2.* Jarvis, W. B., his income as Sheriff -of the H. D. p. 253 Mr. Mackenzie complains to the Secretary of State that he had been employed in getting up public meetings and petitions and set- ting an example of agitating in favor ef a dismemberment of Lower Canada, p. 286. Johnstown District. List of the justices of the peace, p. 314 . List of the commissioners of the courts of requests, p, 320. Jones, Alliens, his offices, p. 117. Jones, Hon. Charles, grant of public land to, p. 250. Jones, Darid, M. P. P. ; Judge Eastern district court, and com- missioner of customs ; nature of his duties, p. 335. Jones, Henry; return of his income, effiecs, and grant of public land, p. 252. PA .1 I S [Judex. Jones, Jonas — his income as & judge, &e. xin---hla offices and feee, p. 119. Judges. The judges of the court of king's bench regulate the fees vi ; are dependant on the crown, vi. See Lord Stanley's letter to Dr. Baldwin, p. 93 Salaries of the Puisne Judges, p. 119 the King - would rejoice lo assent to i bill for securing their independency Godcrick, p. 23U A Bill to exclude the juHges from seats in the legislative and executive rnuncils passed the assembly and was lost in the council, 18.50, p. 266. Judicial Establishment. See Justice, A ami nist ration of. Juries, impartially summoned in Glengarry, C hisholm 286 tl*» system ought to be altered, Stanley, p. 90 the question admits an infinite diversity of opinion, Goderick, p. 231 a bill to ex- tend the privilege of a jury to the Court ot Requests, where a party desires it, passed (he Assembly and was thrown out by tlie Legsilatiye Council, 1835, p. 275 Mr. Mackenzie remind* Lord Goderich that a Committee of the House of Commons had strongly recommend d an amendment of the defective system of summoning juries, because it struck at the very root of the ad- ministration ofjusti.ee, p. 284. Jury Laws Amendment Bill, passed the House of Assembly and was rejected by tlie Legislative Council in each of the following years, viz: in 1827, p. 262 ; in 1828, p. 203 ; in 1830, p. 266; and in 1835, p. 274 Lord G iderich reminded of the frequent failures of this Sill in the Council, p. 285. Justice Administration of.. On tlie 14th of March, 1829, the House of Assembly address the King enumerating many wrongs done to the people in the, and d -claring that it was " from such courts and such judges that the people desired to be relieved," p. 207 the mal-administration of justice complained of and stated in the petit : on of the people of the county of York, pages 99, 100, 102, 103. See "Francis Collins.!' « Mr. Justice Sherwood." "S;rJ. Col- bome." "Mr. Justice Willis." " Criminal Prosecution-." "Nia- gara Falls Outrage." " House of Assembly." ".Impeachments." '•Juries." "Justices of the Peace." "Kingston." " L bol." •' Leeds contested Elections." "S;r P. Maitland." "Capt. John Matthews." Robert Randall " " Chief Justice Robinson." Justices of tlie Peace. Appointed by the Crown during its plea- sure, v the Magistrates of the Eastern District refuse to account to the House of Assembly for the revenue expended by them and raised by taxation, v their character, xxvi the nanner of their appointment in the London District very un- satisfactory' to the people, Moore 67. .. .favoritism prevails in the appointment of justices of the peace, Wilson 88 .there is -a little knot or junto of magistrates in Kingston, Bishop Mc- JJowil, p. 35.... no partiality exercised in Durham rekrive ie Ini.f.x.} KIN* 3a Justices of the Peace— continued. the appomtmont of, Brown 322. ...are mos'ly appointed in Johnstown frdin the partisans of the Executive, liudl 354. T.. sn-angors and hal fray-officers latterly chosen for the Niagara District, Macmiching 432 generally taken from the minis- terial side in politico, and latterly new comer-?, Durand 467. . . . Governors fit persons to choose, Strackan 550. .. .members of ttie House of Assembly and others may inform Governors as to fV persons to bo made magistral es, Robinson 577. . . .control of ]) strict T fixation, with district patronage in the hands of, p. I>7. .. .Sir John Colborne charged with partial fy in the au^ pointment of; Mackenzie, p. 213. . . ." are appointed by commis- sion under the great seal at the Province, the selection being made by the Lieutenant Governor for the time being, acting in the name of the King. Colborne, p. 300. Re: urn of the magistrates of ihe Western District, p. 303. . . . of the London D. strict, p. 305.... of the Niagara District, p. 306 of the Gore District, p. 307. . . .of the Home District, p. 308 of the Newcastle District, p. 310 of the Prince Ed- ward D strict, p. 312 of the Midland District, p. 313 of the Johnstown District, p. 314. . . .of the Bathurst District, p; 315. . . .of the Eastern D^tr.ct, p. 316. . . .and of the Ottawa Dis- trict, p. 317. Kempenjeldi Bay — j£926 expended in opening a road near, p. 171. Kempt, Sir James, report by him and others, on the best mode of managing the Revenue, p. 178. Kerhy. Hon James, — A Custom House Officer, p. 117. Tension and lands granted to, p. 250. Kerby, Hon. John, — Public Lands granting to, p. 250. Kin?,. lames. [Analysis of his evidence.] — Recollects the Reverend VV. Praser, of St. Andrew's having complained that he had not received the royal allowance for years ; witness understands that the matter was afterwards compromised with Bishop McDonell, 228 the Catholic laity, generally petitioned the House of Asseinbly for an enquiry into the allodged misapplication of monies granted to the Clergy and Schools, and prayed for the abolition of all pensions and sinecures granted to the clergy, 2Ji Evidence of misapplication of monies before a commit- tee unpointed at a meeting called by Bishop McDonell : Rev. Mr. Dempsey had been obliged to sign receipts to the Bishop for mofliei he never received ; Mr. Gordon of Niagara said the same; Cardinal Weld presented for gratuitous distr button a quantity of sacred vestments and church plate which Bishop McDonell f- > d io the Clergy, took their notes, and stopped the amount out of the government appropriation, 233. [Second examination] —The goverement Pensions convert some of the Catholic Clergy into politician?, and as Bishop McDonell is u pensioner and independent of the pe pie he is less anxious to 36 L A N [Index. King, James (Analysis of his evidence)'— continued. promote the religion of which he is at the head. . . .witness be- lieves the disputes between the Bishop and Doctor O' Grady had their origin in politics. .. .the Bishop was displeased with Dr. O'Grady for not endeavouring to insure success to an exclusive meeting of the Catholics called tor political purposes by Mr. Baby the Inspector General. . . .witness refused to- go with the Bishop to a similar meeting, 5 14. Kin* in CdWMe&-*-The interference o r , in our domestic legislation , deprecated by the Assembly, p. 181 ... . proceedings with colonial acts, p. 278 — .no Colonial act can be disallowed save by a re- gular ouder of the, p. 278. King's .Bench, Court of.--B{\\ to const : tute the Legislative Council a Judicial Court of Appeal from the judgments of, received from the Council, and rejected by the Assembly, 1835* p. 27G a failure of justice in this court, owing to the absence of the chief Judge, and the illegal constitution of the court, (contrary to the statute,) pointed out in the petition from York county, p. 102. . . . Judge Sherwood alone, in the absence of the other two judge--, illegally exercised all the power of the Court of King's Bench, and vacated his office by absenting himself from the Province without the leave prescribed by Law, vide petition, p. 103. King's College, University of.— See University, of King's College. King's Printer.— O^e probably worth £1000, p. 115, Kingston.— Bishop M'Donell denounces the magistracy of King- ston, p. 35, and declares that there is an Augean {Stable to be cleaned out there, p. 41 a bill to allow the inhabitants of Kingston io elect a Town Council, passed the Assembly, and was- thrown out by the Legislative Council, 1820, p. 264. . . .and was again rejected by the Council, 1831, p. 2SS. Kirk put rich, Thomas, erroneous return of his income as collector at Kingston, Rowan 47. Labouchere, Right Hm'Ue Henry, M. P., friendly to elective councils ill the Cauadas, xxx. Land Granting Department ; confusion created by the multiplica- tion of offices in, x A grievance partly removed, xvni land granting system bad, Mackenzie, p. % 21G. Land Revenue. See Revenue. Lands. -See Waste Lands. Crown Lands. Clergy Reserves. Cultivated Lands. Index.] L E G 51 L' Assomption. Catholic congregation o/— bill sent down from li e council to incorporate and enable certain persons to hold land* on behalf of, rejected by the assembly, 1 ^33-4, p. 274. Str. a/so Bishop McDonell'a Letters. Leeds Contested Eb ctions. Ro's at, xxi .... Sir J. Coll gards the views of the assembly relative to, xxi. . . .Conduct and opinion of the returning officer at, xxii. . . .renewed riots at xxii ... .it wns held at an improper place, Buell 352. . . .Two bi uphold the freedom of election in this county, rejected by legislative council, 1835, p. 275. $J** Leeds Election Ballot Bill— A copy of a Bill to promol peace and freedom of Elections in the County of Leeds, by intro- ducing the Byst m of voting by BaPot, and taking the poll at different parts of the county, which was pissed by the Assembly, Session 1835, and rejected by the Legislative Council, is placx d as the last article in this volume, and the votes of the assembly thereon. Lefferty, Dr. John Johnson. [Analysis of his evidence]— Is op- posed to Elect ons by Ridings, 133. . . .the common schools not sufficiently num rous and efficient, 137. . . .states a cp.sc of une- qual taxation, 139. . . .thinks the government ought to have paid off the War Losses with the pubiic lands, 141. . . .considers House of Assembly to be a mere shadow, 143. . . .the about i the primogeniture law every where desired, 149. . . .the notes of the Agricultural Bank circulate three to one of any other in the Riding witness resides in, 150. . . .thinks two thirds of the Legislative Council should b? chosen by the Freehold rs, 153 ....thinks the system of pensioning judges by order from England a great hardship, 154 ...is in favor of the vo ballot, 15S. Legislative Council.— Conduct and character of, xxv. . . .Sir John Colborne considers it deficient in independence of character, xxxvi. . . .Hon'bles Messrs. Clark and Dickson express a decid- ed opinion as to the subserviency of its member.-, xx7:vu. . . .the petitioners from the county cf York complain of the almost mortal violence offered to the Constitution by the exercise of worse than military rule in the intimidation of the more dependent members of the Legislative Council into the views of the administration, at the peril of their offices, p. 103. . , .The committee recommend its ^construction on the elective principle, xxxix. . . .Mr. Fox other eminent statesmen were favourable to legislative instit :* for Canada, on the elective principle, xxxix. . . .a majority Of Ihe electors of Middlesex in favour of the Elective principle, Moore 70. .. .the adoption of the elective principle would change the colony into a Republic, Dunlop 164. . . .a majority of the Legis- lative Council are men who neither study the wishes cf the peo- ple nor the interests of the country. Mactnicking 450. . . .would prefer an Elective Council ; the p-escnt body are regardless of the wishes of Ihe country, Durand 47S. . . .there are not too ma - r.y depen ons in it, Strachan 539.... it had made ihe good of the province more its study than the House of Assembly 7 38 LEG [Ivorx. Legislative Council — continued. had, Strachan 543.... it is a proper tribunal to try impeach- ments, Strachan 5-18 . . .incomes of some of its officers, p. 110 . . . .character of, by Mr. Mackenzie in his memoir to Lord Go- derich, p. 107. Address of, to Sir John Colborne, on the occasion of returning back to the Government, Lord Viscount Goderich's Despatch of 8th Nov. 1832, p. 235 The Council have no desire to become acquainted with the contents of the statements submitted to chem by His Majesty's command; the statement had been made in a spirit of wanton and intemperate hostility to the Legislative and Executive authorities, p. 235. . . .his Lordship is accused of hav- ing- received in a condescending and respectful manner represen- tations evidently " outrageously insulting to the constituted authorities," and which the Legislative Council view M with the most unqualified contempt," p. 236. . . .the people have pursued their avocations eontentedly from the day when the author of these abusive papers left Upper Canada. . . .papers which cast unmerited insults upon the Lieutenant Governor and Legislature, and some most worthy individuals, papers strung together with little order, bearing the marks of a reckless mind, and unscrupu- lously thrown before the government in disregard of high authori- ty and in violation of official decorum, p. 237 .... the Council regret his Lordship's manner of speaking of the complaints against the Government and its officers, p. 238 the Council deplore the supposed necessity on the part of His Majesty's Go. vernment that it was necessary to quicken the attention of tho Colonial authorities to their duty of promoting the religious and moral instruction of the people, by enforcing the suggestions of Mr. Mackenzie, who employs his education in sowing discontent among a happy and loyal people his Lordship is reminded that the Council is not accurately described by him ns •» a boa'-d," but that the members hold their seats for life, thai their duties are exclusively Legislative, that all their discussions are open to the public, and that for years, and but with one inter- ruption, they have preserved a perfect harmony with the House of Assembly, p. 239.... the confidence of the Council in the prudence of the Parent State was in some degree impaired a few years ago, when they found a committee of the House of Commons "proposing to such individuals as happened to beat hand," questions "really pressing upon them as it were, to give a sanction by their voice to the opinion, that the [Legisla- tive] Councils should be rendered elective," a change not then contemplated by the people and one of the last which a friend to the colonists would wish to see adopted. .. .His Lord- ship is told that his injunction that Archdeacon Strachan and Bishop Macduaell would best consult their convenience and spiritual usefulness by leaving the Council was altogether un- called for, p. 240. . . .and the Council remonstrate against this assumed right of influencing the conduct of its members.... they trust that the "political unions," which threaten alike the peace and liberty of the people would not be introduced under Mr, Hume's recommendation, p. 241 .... the course pursued by Index, j LIB '7 Legislative Council — continued. His Majesty's Government seems to Lie Council to evince a de- parture iYoin ail former usages . . . .they reqicst that their address may be forwarded to the Secretary of State for ti.t Colonies, p. 242. A return of the Members of, with the offices they hold, the lands which have been granted to them or to their chil- dren, and their pensions or emoluments from the British or ColoninI Governments, dated 1st July, 1832, p. 219 to p. 253 .... Titles of all Buls of a public nature, originating in the Assembly and rejected by the Council or amended so as to insure their rejection in the Assembly, and of Bills originating in the Counc 1 and lost in the Assembly ; also of Bills which passed both House? and were refused the royal Assent, in the years 1824, to 1S33, n. 253, to p. 277. Sir John Coiborne informs Sir George Murray that it is ex- ceedingly difficult to fmd persons qualified to sit in the council; I that, composed as it is at present, the province has a right to complain of the great influence of the executive sovernmeut in it, 16th Feb'y, 1829, p. 277 10,000 inhabitants of Up- per Canada petition the House of Commons for a change in the character of the legislative council, p. 262. (j^r 3 Copy of the bills, to amend king's college charter, and to promote education, which passed the Assembly and were rejected by the legislative council, will be found at the end of this volume. Legislative Councils. — Lord Stanley denouuees the councils, it Lord Goderich's opinion of colonial legislative councils, in a despatch to Governor Cochrane xxvn. Lennox £>• Addingion : 1605 inhabitants of these counties thank his majesty for Lord Go'Ienck's despatch, p. 211. Lewis, JoJdi Bouir, M. P. P. recon^tnends Richmond and rha lower part of Huntley as poll a for Carletcn, p. 62 ell acres public lands granted to, p. 250. Leonard, Sheriff Richard, reported by a select committee of the Assembly to have been present countenancing the military par- ty who committed the trespass at the Falls of Niagara, p. it*. Libel, a bill to amend the law of, passed the Assembly and was rejected by the legislative council 266 again re- jected by .he councii, I -F. Collins is convicted for a libel on the attorney general, proceedings in the case, p. 356 to p. 372 The House of Assembly resolve, that it is inconsistent with the liberty of the press that a person should, before conviction, be called upon for good behaviour, upon so indefinite an offence as !i bur- leu's opinion rig^in?'. taking s i -. p. 370. 40" 31 A C [Indlx See also, Expulsion of W.JL. Mackenzie. Licences, lntjiectcrs of. See Inspectors of Licences. Lieutenant Governor, The. — Alone, appoints collectors of cus- toms and excise revenue, Rowan 1J submits only so much oi* his correspondence with the colonial office to the executive council as he thinks fit, RowanBQ Is to consult the comi- need not follow their advice, Markland -i&6. Lloyd, lion. Arthur — 1200 acres of public lands granted to, p. 2.30. London District. — List of the Justices of the Peace, p. 304. .. , List of the Commissk riers of the Court of Requests, p. 330. Losses in the War with the United States. See War Losses. Lount, Samuel, M. P. P.—Recommends Holland Landing, Bar- rie, the Narrows, and on the town line between Tccumselh and Adjala for polling places in Simeoe, p. GO. LowSr Canada. Attempt, by the Executive Functionaries to dw. member, xlvi. . . acceptance of office held to va-ate a scat in the House of Assembly of, Mackenzie, p. 200 . . . . A Bill to appoint commissioners to meet the commissioners appointed by the Pro- vince of Lower Canada to consider matters of trade, boundaries, canal and Saint Lawrence river improvement, and other matters of mutual interest to the two Canadas, passed the Assembly of U. C. 1829, and was altered by the council so as to injure its rejection by the Assembly, p. 265 passed by the Assem- bly and thrown out by the council, 1830, p 266 passed a 3rd tune by the Assembly and again altered by the legislative coun- cil so as to cause its rejection in the Assembly, 1831, pS68. . . , passed a fourth time in the Assembly and rejected by the legis- lative council, 1832, p 289 Mr. Mackenzie brings the frequent rejections of this Bill, coupled with the fact of a similar Bill having passed into a law in Lower Canada to the notice of His Majesty's Government, p. 290... Letter from Mr. Mackenzie to Lord God.:ricb, protesting against the scheme of the Execu- tive Officers here who were attempting to excite dissension be- tween the provinces by agitating the question of the dismem. berment of Lower Canada, and the annexation of a part of it to Upper Canada; with the votes, and declaring that the yeo, u.atiry had no wish, to be parties to the injustice, p. 286. See also, Montreal. Loyalists.— &:e U. E- [United Empire] Loyalists, Lutherans. — They receive no government bounty to support their clergy, xiv. \facaulay, Hon. James Buchanan — his income as a puisne' jadgq, p. fiftfts*.] MAC 41 ^'urdonald, Archibald— 800 acres public lands grunted to, p, 254. Mac3. . . . the common schools in the Western District are net sufficiently numerous and efficient, 300 thinks the District ools are in most cases a nuisance ; would recommend the 100 to be divided among four common schools, 307.... the tythes exacted in Glengarry or Sandwich are the 26th bushel of Traill oniv. 308. McVomU, Donald, M. P. P-, recommends Wilhamsbiirgh and Alexandria, if two. or Alexandria, if one polling place were used in Glengarry, p. 65 Sheriff Eastern District ; duties of that office r p. : Index.] M A C ! | McDoruV, Donald JEruas, *[. P. P. propers Cornwall, and in Osm.bruck for polling places in Stormon!, p. 05. Macfarlane, Jamc s, formerly received £50 per a-raum, as a retainer, from Casual Revenue, p. 184. McGill, Hon. John— amount of pension paid him. £8, COO, p. 122 . .. .appointed an Executive Councillor on the recommendation of Governor Gore, Caslleieagh, p. 303. Machar, Rev. John — £1000 paid him for building presbvle- rian churches, p, 134 his letter in explanation of the expenditure of £945 of the money, p. 158. Mackay, Thomas, 31. P. P., his opinion as to the most cen- tral polling places for Russell, p. 63. Mackenzie, A. K.—Hh letter to Col. Rowan concerning the ernment mc ins, p. 156. Mackenzie, A. K.— His letter to Col. 1 intended expenditure of the government money for build- ing chapels for Canadian Wesleyans, Mackenzie, W. L. — His motion for printing certain docu- ments xlix Bishop McDonell gets up a petition and inveighs in the most unbecoming manner against, in the church in Toronto township, O' Grady 225 his letter to the Inspector General for vouchers to R. Mount's expen- diture of £7,558 on Emigration, p. 173 Extracts and selections from his official correspondence and papers rela- tive to his mission to England as Agent for 24,500 inhabi- tants of Upper Canada, page 188 to page 299 Certi- ficates and resolutions of public bodies and meetings ap- pointing him Agent to London, p. 189 -Indenture of the County of York with the Returning Officer, appointing him a Member of the House of Assembly, after his second expulsion, p. 190 Letter to, from Mr. O'Connell, p. 190 Letters to — from Lord Howick, p. 191 from the same, p. 192 from Charles Douglass, Esq. Private Secretary to Lord Goderich, p. 193 from Lord How- ick, a note, p. 193 from Lord Howick, p. 194 from B. J. Balfour, Esq. p. 195 Xotes from Lord Goderich relative to an interview, and a memorandum' concerning the audience had of his lordship the day previous to the date of his despatch to Sir John Colborne of the 8th of November, 1832, p. 196. Selections from Mr. Mackenzie's official memorials to .Lord Viscount Goderich, transmitted by him to Sir John Colborne, and sent down to the House of Assembly, with the despatch of the 8th of Nov. 1832, numbered A. to L 44 M A C I.VDE2 Mimcktnz'u, TV. L. — continu xl. page 196 to page 216 he is presented for libel by the tnd jury at' the Home District, in the matter of i Phil I potts and the Crown Lawyers, but the rase is not tried. !>. 204 Lord Goderich's Despatch, in answer to the complaints of the people, p. 217 Aspersions thrown upon, by the Legislative Council, in their address to Sir J. Colborne, p. 23i, to 242 letter from Lord Howick, p. 273 'eiter to Lord Goderich, 9ih Jan'y 1S33, p. 279 letter to the same, 19th January, 1803, p. 286 letter from Lord Howick, p. 291 note from do. p. 293 — certain representations made by Mr. Mackenzie against the Crown Lawyers, p. 291 Note from Mr. Earle, ap- pointing a'n interview with Mr. Secretary Stanley, p. 299 Note from Lord Althorp's Secretary with thanks for statements sent his lordship on colonial affairs, p. 299 the House of Assembly (1829) resolve that partiality had been exhibited by the government in the prosecution of his press for alledged libel, p. 362 brought the Niagara Falls outrage under the consideration of His Majesty's Govern- ment, p. IV*. McLean, Archibald, Jf. P. P., income, 1334, p. 116 . return of his offices and emoluments, and of 1400 acres of public lands granted him, p. 254 his offices and duties, p. 336. Macnab, David A. — Income, p. 116. Macmicldng, Gilbert, M. P. P.— (Analysis of his evidence.) Latterly strangers and half-pay officers chosen to fill the Commission of the Peace in the District of Niagara, 432 the public lands ought to be applied in liquidation of the War Loss claims ; General Brown, of the U. S. Army, once told witness that the Crown and Clergy Reserves would in a manner have repaid the Americans the expense of their invasion of Canada, 437 2500 acres in Lincoln were re- served in lieu of side lines between 1787&1789, 1500 acres of which granted by licence of occupation from the gov- ernment to the Church-wardens of the Church of England, altho' a common, the property of the several towns, 442 would recommend a law for the abolition of militia trainings, 449 thinks that a majority of the Legislative Council are men who neither study the wishes of the peo- ple nor the interests of the country, 450 the mere weal- thy clas; of emigrants go to the" United States and reside Index.] MAI 45 Miumkk'tng, Gilbert, M.P.P. — continued. there, alledging that they like the management of that coun- try, 463. His evidence on the petition of W. Forsyth a gross outrage was perpetrated in defiance of the laws h crea- ted very great excitement in the country, but no justice has been obtained against the parties, p. 4*. McCrca, VSilliam, 31. P. P., recommends Chatham as tfce polling place for Kent, p. 66. Magistrates, See Justices of the Peace, Maitland, Sir Peregrine ; Doctor Strachan and Justice Pc- well governed the Province, under his nominal administra tion, till they quarrelled among themselves, Macdoncll, p. 37 memorial addressed to him against depriving the Court of King's Bench, in session, of a casting voice, bv permitting the Chief Justice to leave the Province ; -peti- tion, p. 103 his almost constant absence from the seat of government, his ignorance of the people of the country and the system of espionage that prevailed in his govern- ment, complained of, ib. p. 103 warrant for his travel- ling expenses, p. 182 his characteristic despatches shew the existence of that system of espionage fo which many a worthy man fell a victim ; he dismissed Judge Willis from the bench and promoted in his place the custom-house offi- cer at Kingston ; quarrelled with the House of Assembly and was promoted to Nova Scotia, Mackenzie, p. 206 report of a committee of the Assembly on the military out- rage committed by his order on the lands and property of Mr. W. Forsyth of the Falls of Niagara, p. in* For- syth's petition, 1* Chief Justice Robinson's account of the proceedings in the affair at the Falls, p. 5* Capt. Phillpoits's statement of the authority he had from, p. 12* Sir P. Mahland's despatch of 29th March, 1828, to Mr. Huskisson, stating the matter of the imprisonment of Cols. Coffin and Givens, the affair at the Falls, and traducni the character of Mr. Forsyth and the select committee to whom the House of Assembly had referred his petition, p. 13* Major Hillier communicates his order to Colonel Givens not to obey the summons of the Committee of the Assembly, appointed to enquire into Forsyth's cqtiiplript, p. 18* Colonel Coffin states to his secretary, that ha had obeyed his commands to disobey the Assembly's sum- mons, and that the Assembly had sent him to jail where then was, and praying the advice of the crown officers p ' 8 46 JV1 A If Maitland. Sir Peregrine. — Continued. [Index- 19* — : — Sir G. Murray, in a despatch lo Sir J. Colborne, censures Sir P. Maitland lor ejecting Forsyth by the aid of a military force from his property, and for the lack of dis- cretion in preventing the two Colonels from giving evidence before a Committee of the Assembly appointed to enquire into the merits of the case, p. 20* Lord Stanley calls- on him to explain his conduct — — his despatch in reply (24th June, 1833,) p. 21* ; he declares his previous igno- rance of Sir George Murray's animadversions, and acknow- ledges with thankfulness Lord Stanley's sense Of justice in submitting to him Sir George's despatch previously to laying it before the House of Commons ; he states the case between him and Forsyth, p. 21*, and quotes a case in point which he states to have occurred at Washing- ton, p. 22* ; encloses to Lord Stanley, explanations by Messrs. Boulton and Hagerman, p. 24*. Majoritity. The r Lord Goderich desirous to defer to the opi- nion of, rather than to that of the minority of the people upon questions of local interest, p. 279. Malleoli, Edward, M. P. P., his opinions as to the most convenient places for holding count v elections in Car'eton, p.. 66. Maryland, Hon. George II. (Analysis of his Evidence.) — inadvertantly omitted the £550 to the Methodists In copy- ing from the Warrant Book, 431 it would be more a- greeable if the duties of t)*a Inspector General's office were defined by Statute, 483 — the vouchers for the £2800 paid the Methodists arc the warrants in the Receiver Gen- oral's hands, 485 £284 15 5Jd; of a balance due bv Mr. ilagerman when Collector of Custonrs had been taken from the public accounts because he claims a larger sum not yet allowed by the Council, 486 the Lieutenant Governor is to consult the Executive Council on land grants, 488 Executive Councillors are made by the King, 493 had read Mr. Elmsley's letter, 494 if the House of Assembly considered a public officer deserv- ing of impeachment, they might address the Governor, and if it were just he could remove him from office, 505 this witness in many cases refused to state his opinion or afford the explanation sought by the committee. (See page 16 to page 80.) JfcLb income, p. iio~ Lettei to Col.' Rowan Lvdm.] M E '} 'land, Hun. G. //. — continued. ing an omission of £550 to Methodists, p. lot' Letter to by W. L. Mackenzie, for vouchers io R. Moont's expen- diture of £7,558, p. 173 his return oi' ollices, emolu- ments and kind grants, p. 250 Letter to Col. Rowan, with circular to Collectors of Customs, p. 3o3, Marriage Bill. — A Bill to make valid certain marriages that had been contracted and to provide for the future solem- nization of matrimony, extending the right to marry to t lie ministers of the methodists and other denominations. Sent up to the Legislative Council as passed by the House of Assembly, and rejected by the Council, 1S24, p. 258 again passed by the Assembly and altered and changed by Council so as to cause its rejection by the Assembly, 1S2G, p. 260 again passed by the Assembly and thrown out in Legislative Council, 1827, p. 262 again passed by the Assembly, and so altered and changed by the Council as to induce the Assembly to decline acting on it, 1828, p. 263 again passed by the Assembly and again rejected by the Legislative Council, 1830, p. 266. Matthews, Capt JoX^ — a victim to secret informers, p. 202, Methodist Ministers. — Several of them refuse to accept any part of the public money from government, £iv, Methodist Missions, expenses of, to be defrayed from the government bounty to their clergy, Sanson, p. 154. Methodists, Vide Report, xv.^— - — .£2,800 paid tltcm by gov- ernment out of Canadian Revenue, p. 167. 1. Canadian Wesley an Methodists. 2. British Wesle.yan Methodists. 3. Primitive Methodists, I. JJethudisl Ej'isecjjal Church m Cxmada. V. Canadian Wesley an Methodists, receive public money in i and 1834, xv- £(366 paid John Willson for then?, p. 134 — — jCG88 paid do. for them, p. 140 2 letters from Colonel Rowan, 1833 and 1834, requiring an explana- tion ns to the purposes to which they intended applying the lies, p. 153 :o 155 tlioir resolutions in fre- ' oo's letter, p. [• 4S M E IN [Index. 2. British Wesleyan Methodists. Formerly known as Isle-. thodist Episcopal Church; receive public money in 1833 and 1834, xv are rebuked by Sir John Colborne and their loyalty suspected xvi a mutual good understand- ing established with the government since they received the public money xvi Bishop McDonell orders Rev. Mr. the Indians from the -The £550 to an explana- £1000 Crevier to Penetanguishene to rescue fangs of the Yankee Methodists, p. ihem inadvertantly omitted, Markland 481 tory letter about the £550, sent, Rowan p. 129 put to Messrs. Hasiop and Marsden's credit for their use, p. 133 Mr. Mainland's letter to Col. Rowan explaining omission of the £550 to them in the Blue Book for 1834, p. 150 Colonel Rowan's letters of 1833 and 1834, re- quiring to be informed as to the purpose they intended to apply the government grant, p. 154 answer by the Rev. Joseph Stinson,p. 154. 3. Primitive Jfethodists, — Receive no share of the public monev, xir. 4. BletJiodist Episcopal Church in Canada. — Address to Sir John Colborne, Sept. 8, 1831, p. 150 his reph', accus- ing their preachers of meddling in politics, complaining of their officious interference with the Indians, offering their preachers the same protection as all Americans enjoy who had found an asylum in the Province, regretting the organ- ization of the Church of England, reminding them of their separatists, and that in after years the Province would be peopled with "millions of our own countrymen," doubting their experience and judgment as to Education, and men- tioning that " there are few individuals who think that mi- nisters of the Gospel can conduct political journals, and keep themselves unspotted from the world," p. 151 the Methodists, in 1S28, petition the House of Commons against Dr. Strachan's misrepresentations and in favour of equal religious rights — their memorial is presented by Mr Hume, p. 281. Menonists — Receive no part of the Public Money, xiv Lord Goderich expresses his anxiety that they should be admitted to participate in the advantages of the Elective Franchise, p. 224 a Bill passed by the House of As- sembly and rejected in the Legislative Council to relieve them from fines for not performing militia duty in time of p r ace, 1830, p. 267 a similar bill rejected by the Council, 1835, p.. -?74. Index. %] O N 49 Merritt, William Hamilton, 31. P. P. — Proposes Dunuvillo and Stoney Creek as the polling places lor Haldiinand, p. 67 his offices, p. 118 and p. 122 1000 acres of public lands granted to, p. 255 his offices and duties, p. 337. Midland District. — List of the Justices of the Peace, p. 313 List of the Commissioners of the Courts of Requests, p. 323. Military Chest. — Payments out of, at Montreal, p. 184. Military Governors — Declared by the petitioners from York County to be unsuitable for bearing rule in the civil govern- ment of this Colony, p. 103. Military Outrage. See Niagara Falls Outrage. Militia. — Complaints relative to appointments in. Wilson 106 militia, 1833 and '34, p. 107 ditto, 1830, p. 109= Militia Fines. — A Bill to relieve Quakers, Menonists and Tunkards from the payment of, in time of peace, rejected by the Legislative Council, 1S30, p. 267 and again rejected, 1835, p. 274. Militia Trainings ; would recommend the passing of a law to abolish them altogether, 3Jacmieking 449. Missionaries of the Church of England — 85 per cent on their salaries paid from province revenue, £4,220 7 4fd. p. 138 Pensions to retired missionaries, p. 147 ta- ble of, for 1834, p. 165 no monies to be paid to from England after 1st of April, 1834, p. 167. Monopoly — the United States have a virtual monopoly of the supply of the West India markets with produce, Macken- zie t p. 215. Montreal. — Attempt of the executive functionaries to dis- member Lower Canada by annexing Montreal to this pro- vince xlvi Lord Howick is instructed by Lord Gode- rich to deny in the most unqualified manner that the ques- tion of uniting Montreal with Upper Canada had been agi- tated by authority from His Majesty's government p. 279 Mr. Mackenzie shows His Majesty's government by the evidence of Sir R.J. Wilmot Horton,&c, that the ques- tion of dismemberment had been under consideration in 30 MOU [Un Montreal — continued. England ; and also that the officers of government in Up- per Canada had countenanced it, p. 2S6 resolution of House of Assembly of U. C. requiring a port of entry hv sea, p. 288. Moore, Elias, M. P. P. (Analysis of his Evidence. )-Inequalitv of taxation of lands affords a ground for complaint, 53 the settlers and House of Assembly have given the land its va- lue, 55 the revenue on wild lands ought to be applied to pay war losses, 56 thinks it unjust to pay certain christian sects a bounty for their religious services, 57 is in favor of a government responsible to public opinion, 5S wishes all reservations of public lands, otherwise than for education, disposed of for public uses, 62 and that the whole public revenue should be applied only ac- cording to law, 64 the passage of the intestate estate bill desired in Middlesex, 65 —the manner of appoint- ment of justices of the peace in the London District very unsatisfactory to the people, 67 considers the Canada Company a curse to the province, 68 believes that a majority of the electors of Middlesex are in favor of an elective council, 70 is opposed to pensioning the judges by orders from the colonial office, 72 thinks the appoint- ment of an agent in London would be beneficial to the commercial and agricultural interests of U. C. 77 con- siders the misapplication of the revenue one cause why hundreds of thousands of acres of wild lands had to be sold for taxes, 70 thinks that the people are desirous of die vote by ballot, 83 great inconvenience felt in Mid- . dlescx owing to the polling places selected at elections, 85. Morrison, Dr. R. (late of Royal Navy) — the lands applied fur bv Itis brothers on his death, had been granted, Howick, V . 192. Morris, William, M. P. P. — Moves the House for the suppres- sion of the publication of Bishop McDonells letters to Dr. O'- (Jrady's i. proposes Carloton Place & Penh as suitable polling places in Lanark, p, 66 1000 acres public lauds granted to, p. 254. Mountain, Dr. George, was paid £222 in IS26 from C' ; Reserve Rents, for expense of a jottuiit'j to England on the concerns of too clergy, p. 1.6-J. Mann! . 4 Rover >{ — £ q i8iil-3if < lSDV.X.] \ r V ij Mount, Ixosirttl —continued. by, p. 170 detailed statements of tlio expenditure of £7558 on Emigration by, page 172 to p. 175. Murray, Sir George, Extract from a Despatch to, by Sir J. Col- borne, dated 16th February, 1829, p. 277 a Despatch from, to Sir John Colhoine, concerning Sir P. Mailland tor lack of discretion in the affair of Colonel Givens and Coffin, and for having had recourse to the military instead of the civil power in the case of Forsyth, p. 20* ;* NT. Ntlles, Hon. Abraham — 2200 acres of public lands granted to, p. 252. Newcastle District. — List of the Justices of the Peace, p. 310 List of the Commissioners of the Courts of Re- quests, p. 324. Newspapers, Taxes on — an ancient and venerable abuse from which a Colonial Officer derives a great revenue, p. 203— address of enquiry into the amount of the, p. 338. Niagara District. — Address ol the inhabitants sent to Lord Goderich, and laid before the King, p. 193 List of the Justices of the Peace, p. 306 List of the Commission- ers of the Courts of Requests, p. 329. Niagara Falls Outrage. — Report on W. Forsyth's Petition, ordered to be printed, xlix report, pages in*, iv*, v* vi* Mr. Forsyth was in peaceable possession of an es- tate at Niagara Falls ; Sir P. Mai da ml issued orders to dis- possess him of a part of it ; Capt. Phillpotts obeyed, en- tered Mr. F r s premises with a party of soldiers, and in de- fiance of his remonstrances damaged his property on the l8th of May, 1827 ; this outrage they soon after repeated by Sir. P. -Mankind's authority, p. in* these outrages were unknown to the Attorney General, who was soon after instructed to defend Phillpotts Mr. F. was- baffled in his attempts to obtain redress in the ordinary courts of law ; he petitioned the assembly, who took the matter up ; Sir Peregrine Maitland ordered Coloneis Givens and Coffin, whom they had summoned, not to attend, so the Colonels went to jail rather than testily ; the committee reported that Sheriff Leonard was present and countenanced the outrage, that both the crown officers were engaged i ; Tri ?f I A JIndex. Viagara Falh Outrage — continued. defence of the persons guilty of it, that a person, long in possession of land, like the petitioner, might he ejected by law ; but that military interference for maintaining suppo- sed or contested rights is justly regarded with jealousy in all free countries -the House of Commons enquire into the subject, p. it* Sir. P. Maitland's despatch to Mr. Huskisson relative to, contains a gross attack on the House of Assembly, and personal slander against Mr. Forsyth Sir George Murray condemns Sir Peregrine's conduct — — Mr. F. harrassed by the government sells his property be- low its value, p. v* the purchasers more fully prove his title by enclosing the disputed part and obtaining a verdict of trespass -it is recommended to the House to address the Lieutenant Governor, desiring him to bring F's case before the King's Government, in order that redress and remuneration may be afforded him, p. vi* Mr. F's. petition, March, 1835, p. 1* -the govern- ment had not abandoned to Clark O^Connell, Morgan, ST. P., letter from to W. L. Mackenzie, stating that his father would be happy to see him, as he takes an interest in the affairs of the Canadians, p. 190, Officers, Colonial if it could be shown that they had been remiss in the performance of their duty, they would be dis- missed, Goderich, p. 208 Where their duties are not precisely directed by law, the Lieutenant Governor can only assume the nature and extent of them from the state- ments of the parties themselves, Colbornfr, p. 301. Officers, incomes and salaries of. See Salaries and Incomes of Public Officers. 9 54 OGR [Index. Official Advertising Bill. — A Bill to regulate the price of all offi- cial advertising, and the form and prices of Sheriffs Sale No- tices, passed by the Assembly and rejected in the Council, 1832. p. 269 Lord Goderich reminded that this bill, to di- minish law costs, had passed the Assembly, with but two nays, and been rejected by the Legislative Council, p. 285. O' Grady, Very Rev. W. J. (Analysis of his Evidence.) — Thinks that the ministers of religion should be supported by their congregations, and has observed that wherever clergymen are connected with the state their functions are carelessly dis- charged ; the catholics of Ireland and their clergy are opposed to a union with the state, 124 the House of Assembly pos- sesses no effectual check on the Executive, 128 reasons for the opinion that judges and clergymen ought not to sit in the Executive and Legislative Councils ; Sir John Colborne had intimated to the Archdeacon of York that his services in the two councils could be dispensed with, 130 considers the Canada Company an injury to the colonists, 131 is in fa- vor of an Elective Legislative Council, 132. [Second Examination] Witness obtained his information relative to the bargain between the Government and the Cana- da Company from Sir J. Colborne, who was at a loss what to do for money to pay the churches unless it were obtained from the Company, 221 the grants to the Catholic Clergy had not been applied to the purpose intended by government, 222 The money passed through witness's hands as Vicar Ge- neral ; its misapplication was often complained of by clergy and laity ; Rev. Angus McDonell and Wm. Fraser complained by petition; a commission was appointed by the Catholics of Toronto to enquire into the appropriation; the commissioHers reported that there had been gross peculation, and memorialized Sir J. Colborne, but to no purpose ; witness had addressed the Colonial Office on the subject, 223 No uniform scale of allowance was made iu paying the government bounty to the clergy ; all depended on the Bishop'3 caprice, 224 proofs that the Catholic Bishop exercised a political influence over his clergy in conjunction with Sir J. Colborne, 225 it is no- torious that all offices of honour and emolument in every de- partment of the government are monopolized for the most part by some two or three private families and their adherents, 226. Sundry letters from Bishop McDonell to this witness, and several receipts, with a letter from the late Mr. Mudge were given in evidence, in corroboration of his testimony, for which see pa*es 30, 31, 32, 33, 34, 35, 36, 37 38* 39, 40, 41, and 43. [Third Examination.]— -Had been incumbent of Toron- to, since 1830 ; 392 John Sayer opened school inYork, 1833, received no public money, 393 Sir J. Colborne's letter to Bishop McDonell relative to Dr. O 'Grady and the application of one-fourth of the public money granted to Index.] PAR 55 O" Grady, Very Rev. W. J. — continued. the Catholics for the support of schoolmasters, 394—— — £1000 were sent by Cardinal Weld to Bishop McDonell i'or the purpose of erecting a church or seminary at Guelpb; the Bishop applied the money to other purposes, 395 Letter, Bishop McDonell to, January 16th, 1830— Dr.. O'Grady to exercise the control of a vicar general over Mr. Gordon and other clergymen ; purposes to which Car- dinal Weld's £1000 had been applied ; Dr. McDonell in- tended to petition His Excellency on behalf of the Indians of Penetanguishene, p. 60 witness had heard Mr. Ba- by and Mr. Fraser express their opinion as to the correct- ness of the charge of peculation brought against the Bi- shop, 396. Vote of the House of Assembly on a motion to suppress the publication of Bishop McDonell's letters to, L. See also, McDonell, Alexander, Bishop of lie giopvlis: Orders of the House, relative to reports on grievances, &c* XLIX. Ottawa District. — Li^t of the Justices of the Peace, p. 317 List of the Commissioners of the Courts of Requests, p. 320. Pamphlet Postage, address of the Assembly for information of the amount of in 1833 and 1834, p. 338. Pannebacker, Henry, charged £30 costs, and three lawsuits instituted against him, for the balance of a £50 note dis- counted by the Bank of Upper Canada, 598. Parke, Thomas, his opinion with respect to the most proper places for polling the votes of the electors of Middlesex, p. 62, Parishes, an account given of 45 in Blue Blook for 1833, p. 163. Parliamentary Privilege — to allude to speeches delivered by members of parliament in their places, in any petition, is a breach of — Stanley, p. 97 the Houses of Parliament are very particular upon this point, Goderich, p. 98 Sir Peregrine Maitland's opinions and enquiries as to the pow- ers of the House of Assembly to compel the attendance of certain classes of witnesses, p. 16*. See passage alluded to by Lords Stanley and Goderich in petition, p. 100. ■36 P/jfiuU. Sir Henry, 31. P. — report by bin and other* on the i . .it of the public revenue of Great Britain, W6 ceased to be a member of the government when I to think and act with his colleagues, j». 2 Parsonage IL ises. — Sundry payments from clergy reserve rents, towards building, p. 164. nagt of the Crmcn, in- narrow or exclusive maxims — not to be exercis^rl Godcrkh p. 208 is anxious that the influence of the crown in the House of Assembly should be considerable, Godcrkh p. 232. Patton, John, — Offices and income, p. 113- pended on emigration by, p. 170. Pern i — Paces 122 and 123. -£2298 ex- Pensi id by warrant on the authority of the Colonial Office. Roican. 35 aro paid by orders of the Lords of the Trei inn 414 convert some of the Catholic Clergy into politicians, King 514 -amount paid to 8 pensioners, p. 122, 123 allowance to retired . Missionaries, p. 147 — Widows of Church Clergy, p. 1 Pension List of the States, xiv. Perry, Peter, M. P. P. — Moves in the Assembly that His 1 Majesty be addressed to lay a copy of the proceeding House and of the Government, in Mr. Collins' libel case. Parliament, p. 871. Perry-? Jury Bill — A fit and proper remedy to the complaint that Sheriffs hold their offices during pleasure, and often ose grand and petit jurors without reference to their fa- nes cm political considerations ; and a means of securing the subject a fair trial by jury, JIaemickitig, 447. See Juries. Jury Lau:s Amendment Bill. Petitions. — 2-1 . " ion the King for a redress of grievances, xxn 10,000 persons petition in favour of re- ligious liberty-, xxni Petition of inhabitants of U. C. p. Lord Goderich declares that the 41 petitions for a redress of Grievances contained only 12,075 signature 218, but Lord Hewick acknowledged the error of the state- ment and admitted that they contaii 500 signatures L petitioners to His persons, p. 219 Mr. IflMEX.] POL Petitions — con tinned. Mackenzie desires an investigation relative to tiie mist ake made at the Colonial Office, of 12,000 petitioners, and af- firms that he had brought to England the memorials of a majority of the whole male adult population, p. 280 — the Weslevan Methodists and Protestant Dissenters, from 40 committees had petitioned the House of Commons in ] 828 against Dr. Strachan's misrepresentations and in favor of re- ligious rights, j). 281 — 10,000 petitioners in favour of religi- ous freedom, from U. C. to House of Commons, 1831, p. 282 — 10,000 petitioners, praying for a change in the charac- ter of tiie Legislative Council, &c. p.282 — 61 petitions pre- sented to the King within 18 months, for a redress of griev- ances, p. 282 — Lord Goderich declines to comply with Mr, Mackenzie's wish to be permitted to examine the petitions sent by Sir John Colborne in support of his administration, to see whether they were not spurious, p. 291 — petition of Mr. F. Collins to Sir John Colborne to be relieved from jail, p. 360 — the petition of Mv. Wm. Forsyth, complaining of the Xiagara Falls outrage, p. 1*. Phillpotts, Captain, i?. E., charge against for violent con- duct as a military officer, made by Mr. Forsyth, Mackenzie, p. 203 and note report of a committee of the House of Assembly, charging him with two outrages committed on Mr. Forsyth's premises at Xiagara Falls, in 1827, p. in* Mr. Forsyth's charge against him, p. i* Chief Jus- tice Robinson's account, p. 7* his own account of these transactions, p. 12* Sir P. Maiiland's account, pages 17*, and 22*. Political Offences. See Francis Collins, Captain John Matthews. Expulsion of W. L. Mackenzie. Mr. Justice Sherwood. Hugh C. Thomson. Political Unions, denounced by the Legislative Council a5 threatening the peace and liberties of she people, and which thev were apprehensive that Mr. Hume had recommended, ■p. 241. Polling Places. — Inconvenient polling places selected in Mid- dlesex, Moore 85 — Demorestville and Hallowell suitable for Prince Edward, Wilson S6 two polling places required for Huron County, Van Egmond 216 Williamsburgh and Alexandria central places for polling votes in Glengai i j . Chisholm 241 -Grimes' Inn v>pA Co tingham's Mills suit- 53 POW [Index, Polling P laces — continued. able for Durham, Drown 324 For Stormont, see Bruce, p. C2 and NcDonell, p. 65 For 1st Riding of Lin- coln, see Woclvcrion, p 62 For Middlesex see Parke, p. 62 For Essex, see Wilkinson, p, 62^ and Caldwell, p. 62 For Carleton, see Lewis , p. 62 and Malloch, p. 60 For Kent, see Cornwall, p. 63 and McCrae, p. 65 For Norfolk, see Wahh, p. 63 For Russell, see McKay p. 63 For Grenville, see Norton and "Wells, p, 6 -i For Wentworth, see Smith and Rymal, p. 64 For Frontenac, see Shiblty, p. 64 For Dun- das, see Shaver, p. 64 For Glengarry, see McDonell, p. 65 For Durham, see Boulton, p. 65 For 2d. Ri- ding, Lincoln, see Rulcert, p. 65 For Lanark, see Morris, p. 61) -For Simcoe, see Louni, p. 66 For Ilalton, see Durand, p. 66 For 3rd. Riding of Lincoln, see Thorbum, p. 67 For HalJimand, see Memtt, p. 67 For Hastings, see Yager, p. 67. Population. — Rate of increase of, xxvi of Huron Tract, supposed 2000, Van Egmond, 219 of Halton County about 30,000, Durand 470 of Upper Canada, p. 106. Postage on Letters, injurious to trade where it exceeds the maxima m chargad in the United States, Danlop 175 enquiry into the amount of postage on letters, p. 333, Postmasters. — Names of some of the, p. 121 address for information relative to the income of the postmasters of Canada, p. 333 -answer, p. 3-10. Post Office Department, vi the Governor should appoint the Postmaster General, and the latter should get his ac- counts audited like those of other officers, Danlop 166 an address relative to abuses in, never answered, p. 203 address reported from Grievance Committee for full and complete information relative to its operations, p. 338 answer, with a letter of excuses for the present, p. 340. Post Ojjice Revenue. See Revenue. Powell, Mr. Chief Justice. — Mr. Justice Powell, with Dr. Strachan, governed the province till they quarrelled among themselves, Macdoncll, p. 37- — amount of pen- sion paid to, p. 122 16,908 acres granted to him and his sons and daughters, p. 248 appointed an honorary member of the executive council, 14. June, 1808; and an ordinary one, 13th Julv, 1809, n. 303. Index.] P R O 59 Powell, Grant — Holds offices, the duties of which cannot be adequately fulfilled b}' one person, xi income, p. 116 was a Timber Commissioner at $14 per day, p. 183. Presbyterian Ministers, several of them refuse to receive public money from the government, xiv. Presbyteriansjaxii glebes given to, xvin government allowance extended to, from provincial revenue, p. 168. See also, Scotland, Church of. Presbyterian Synod. Presbyterian Synod — List of Clergy and their half yearly official bounties, Jan. to June, 1833, p. 137 allowance to ministers of, 1834, £1202, p. 139 list of Clergy and their bounties or pensions, p. 149. Prevost, Sir George, his despatch to Sir Isaac Brock, p. 302. Primitive Methodists. See Methodists. Primogeniture Laws, ought to be abolished, Wilson 103 the bill for the more equal division of Intestate Estates is a bad measure, Dunlop 163 in favor of the law of Pri- mogeniture, Brown 334. See also, Intestate Estate Pill. Prince Edward District. — List of the Justices of the Peace, p. 312 list of the Commissioners of the Courts of Re- quests, p. 323. Prince Edward Separation Bill. — A. bill to constitute this county into a separate district, was passed by the House of Assembly and rejected by the Legislative Council in each of the following vears, viz: in 1824, p. 258 in 1825, p. 259 in 1826, p. 260 in 1827, p. 261 in 1828, p. 263 in 1829, p. 264 in 1830, p. 266. Private Secretary to the Lieutenant Governor.— Income of the Office, vm ought to be abolished, vm Errors in returns of Salary for 1830, Rowan 46. Prince Regent — Instruction from the, dissolving one execut- ive council and appointing another, p. 302. Property Tax. See District Funds. Protecting Duties. — A Bill to levy a duty on the importation of certain articles of produce from the United States, pas- 60 R A H [Index. *t>A by the House of Assembly, but rejected by tbe Legisla- tive Council, in the Session of 1335, p. 275, Provincial Debt. See Debt Provincial. Provincial Revenue. See Revenue. Provincial Statutes. — Does not know why the printing of them was given to Mr. Stanton, with a far higher price, after being well and cheaply done by contract in 1825, Strachan 537. Provisions. — Prices charged the Government for provisions to settlers in Carradoc, Adelaide, and Warwick, p. 173. Public Accounts. See Accounts. Public Expenditure. — On Emigration, xvni returns of the public expenditure unnecessarily delayed or withheld, xx Revenue balances, 1834, p. 110 Details of Em- igration expenditure, p. 169 the House of Assembly ought to have the fullest and most detailed accounts of, which they can desire, Goderich, p. 227. Q. Quebec, Catholic Bishop of — £1000 salary formerly paid him by government ; to be placed on the colony, p. 141 & J 43 Quebec, Right Rev. Charles James Stewart, Protestant Bishop of, his house rent paid by Province, p. 133 & p. 139. . . .his sala- ry has been refunded to the Province, p. 134. . . .Salary, £3000 sterling, paid from England, in 1832, p. 141.,.. £1500 ster- ling paid him from casual revenue, p. 163. Quakers. See Friends. n. Randall, Robert, 1000 acres public lands granted to, p. 254. . . . Bill to enable Judge Willis to try over again the suit of his 950 acres of land in the township of Nepean ; passed by the As- sembly, and rejected by the council, 1823, p. 263. ...Bill to remunerate him by a grant of £500 for valuable sendees per- formed in England in the matter of the alien question; passed by the Assembly and rejected by the Legislative Council, 1829, p. 254 .again passed and again rejected by the same, 1830, p. 260. . . .Lord Howick states, in a letter to Mr. Mackenzie, the principles upon which he bad discussed with Mr. Randall the naturalization question, p. 292. Lndl.t.] U E P 61 Receiver General; accounts sent twice a year to the Inspector Ge- neral, Dunn 417. .. .List of Public Funds kept by, p. 111.... Salaries of officers in his. .department, p. J 11. . . .all public mo- ney is paid at his office on warrants* p. 131. . . .he obtaius voit ehers to satisfy Board of Audit in London, p. 131. See also, Hon. J. II. Dunn and Bernard Turquand. Registration of Lands, Wills, Mortgages, fyc. — Duties of Re- sistors often performed by deputy. . . .a reduction of their fees called for, as a means of lessening the burthen of conveying real estate xii. . . .Their incomes, pages 118 & 119. Religion, xiv. . . .reasons why its ministers should be supported exclusively by their congregations, O' Grady 124. . . .all sects or none should be paid by the public, Dunlop 178. . . .a couu- try without an established religion is an infidel country, Straehan 557. . . .it is not the wish of II i s Majesty's govern- ment to shew an undue preference to the preachers of the es- tablished churches of the United Kingdom, Goderich, p. 223. Religious Societies Land Bill. — A bill to allow the several religi- ous denominations to hold land for a chapel or burial place, . ' See also [Ion. John II. Dunn. Bernard Tnrquanrf. Report •n the manage nit, 'if of the public Revenue of Great Britain* IXDEX.] R I O b^ Jfetttntfe-r-coiitinued. 1. Casual und Territorial Revenue. Payments very imppr- fectlv accounted for xix....See No. 10, p. 111). ... balance in funds D. & K., p. 113 Payments to the clergy in 1832, 3, 4, £40,441, p. 129 Expenditure of, On 'Emigration, p. 172 top. 175.... the gross receipts of revenue, whether arising from taxes or crown property fti the United Kingdom should be paid into the treasury and appropriated by Parliament, re- port of Commissioners on British revenue, 1831, p. 176.... Form of Warrant used in drawing monies from, p. 182 The House of Assembly resolved that the annual appropriationof £10,825, from land sales was misapplied. The abuse was con- tinued, p. 201 ... . the most full details to be laid before the As- sembly, p. 227 Sir P. Maitland reminds Mr. Huskisson that the Assembly had not unfrequently called upon him for an account of the receipt and appropriation of the casual and ter- ritorial revenue, and that his instructions were not to comply with such a request until he had ascertained the purpose for --*'hieh the information was desired, and had referred to the Se- cretary of State on the subject, but that if they could summon the Receiver general or Inspector general, or any of their clerks, on pain of imprisonment, the government had no longer any tliscretion. p. 16*. 2. Ordinary or Provincial Revenue, (so called.) — See No. 10, p. 110 Balance in fund B. p. 113.... and Debentures, p. 114. 3. Clergy Reserve Fund — Balance, p. 113. 4. Post Office Revenue. — Deputy Postmaster General would give the House of Assembly no information relative to, Macken ■ zie. p. 203. .. .Address for information relative to the receipts and expenditure, p. 338. . . .Answer, with a copy of a letter from Mr. Stayner, making sundry excuses for not being -able to furnish it on an early day, p. 340. 5. District Fun P* A T A . •»♦» — In the index, page 12, line 3, for " 13" read " ISO." In »• " " 20, " 30, for " tendered" read " tended." In » " " 23, " C, " "1826" read "1825." In <4 " »« 33, " 7, •• "1824" " "1826." In " " " " " " " "258" " "260." In Appendix. In page 62, after line 11, add "and Osna-." In " 70, line 33, for "428" read "427." In " 82, " 25, " "226" " "526." In " 91, " 45, " "lat" " "late." In " 94, at the end of Mr. Kurd's evidence, (in part of th© impression,) erase "The witness withdrew." In page 103, line 8, for "persons" read "a person." In " 115, " 37, " "£11" read "£lll." In " 119, " 30, " "minster" read "minister." In " 123, " 31, " "£1,355" " "£1,333." In ■*■ 130, " 5, " "Reserves" »« "Revenues." In " 148, " 8, " "Fund" " "Funds." In " " " 17, " "Steetsville"" "Streetsville." In " 170, " 6, " "1331" " "1831." In " 171, " 5, " "Pawke" " "Hawke." In " " " 21, " "Comer" " "Comer." In " " " 26, " "Wiskens" " "Wickens." In " " " 29, " "Corner" " "Comer." In " 188, *'• 12, " "icstrement"" "instrument." In " 215, " 25, " "prohibition"" "prohibitive." In " 219, " 36, " "absolete" «« "obsolete." In " 226, " 7, «« " Jutsice" " " Justice." In « 271, « 5, " "directers" " "directors." In " 274, « 28, " " Parliament, (1834.)" read " Parlia. 'merit, (1835.) In page 275, line 20, for "uiet" read "quiet." In " 289, " 13, " "slaves" " "slave." In «• " " 16, " " trades" read " trade." In •• " " 30, " " grievously" read " graciously." In " " " 34, « "spoliation," " "spoliation." In " 292, »• 42, " "Legislators" " "Legislatures." In " 294, « 2, " •« Officer" read " Office." In " 295, " 13, " " services" read *■ services." In *« 296, » 6," "abseence" read "absence." In " " M 7, " "meesure" read "measure." In " " " 8, " " respective" read " respective." In " 297, u 4, « "heresay" read "hearsay." In " 300, " 13, " "I. P. Hurd" read "S. P. Hurd." In " 337, the third name, for " Jasias Tayler" read " Josias Tayler." 12 2 ERRATA. In page 350, line 2& for " Example" read "Excmpla." In « 351, " 7th line from the foot, for " Anelieta" read "Analccta." In page 253, line 5, for "Analeta" read " Analecta." 44 35G, line 15, nfter 'General' add 'of.' " 359, " 19, for 'deserve' read 'deserves,' " 360, " 32, for 'petion' read 'petition.' " 3G9, " S2, after ' meat ' erase ' it.' " 1*, " 8 from the foot, for 'constitute' read 'con- stituted.' In page 10*, line 33, for 'confined' read 'confirmed.' " 23*, " 9 from the foot, for ' Legislature' read 1 Legislatures.' In page 26* line 8, for 'We, Your Excellency's' read 'We, His Majesty's.' In 9th paragraph of King's College Charter, for • our said Council' read ' our said College.' PROVINCE OF UPPER CANADA, j No. 21* IN ASSEMBLY, 10th April, 1335. SEVENTH REPOKT FROM THE COMMITTEE ON GRIEVANCES. To the Honorable the Commons House of Asscmhhj. The Select Committee on Grievances, to whom were referred the Despatch of Lord Vis- count Goderich, His Majesty's Principal Secre- tary of State for the Colonies, of date the 8th of November, 1832, with the Message of His Excellency the Lieutenant Governor, and sever- al letters, petitions, and other Documents which had been addressed by William Lyon Macken- zie, Esquire, to the Secretary of State, accom- panying the same — the Message of His Excel- lency the Lieutenant Governor in reply to the address of the House of Assembly for informa- tion concerning the dismissal and re- appoint - Assem. No. 21. A XI REFORT ment to office of Mr. Solicitor General Hager- man, the appointment of Mr. Jameson as Att'y General in the room of Mr. Boulton, and relative to the expulsion of the said William Lyon Mac- kenzie from the House of Assembly in a former Parliament — and certain other messages, peti- tions and documents on various subjects of grie- vance and public and private wrong — have, in obedience to the orders of the House, made some enquiry on the several subjects referred to them, and agreed to the following Report : In 1828, a Select Committee of the House of Commons enquired into the causes of those em- barrassments and discontents which had for many years prevailed in the Canadas. This Committee conclude their report by stating their anxiety " to record their complete conviction that " neither the suggestions they have presumed to " make, nor any other improvement in the Laws "and Constitutions of the Canadas, will be at- tended with the desired effect, unless an im- M partial, conciliatory and constitutional system " of government be observed in these loyal and " important Colonies." Last summer another Committee of the House of Commons entered upon an investigation of the causes of Canadian discontents, but confined their enquiries to the Lower Province, the Right Honorable E. G. Stanley having under great misapprehension assured the House that the ut- most harmony prevailed between the Lieutenant Governor and the Council and Assembly of this Colony. Your Committee respectfully submit the results of their enquiry, together with the evidence. If ON GRIEVANCES. Ill it shall appear to the House that there is just cause of complaint, and that the government has not exerted its Constitutional powers to re- medy the evils from which the people desire re- lief, the course to be pursued is to address the Throne, stating their grievances and praying re- dress. If, on the other hand, the House shall be of opinion that the government is administered impartially, with sound discretion and a single eye to the general welfare ; that its officers and ministers enjoy the public confidence and worthi- ly discharge their various duties, there can be no doubt but that the Representatives of the people will mark their approbation of their conduct by cheerfully placing in their hands the small Annual Grant, which in name, more than reality, indi- cates a popular influence in the government. The almost unlimited extent of the patronage of the Crown, or rather of the Colonial Minister for the time being and his advisers here, together with the abuse of that patronage, are the chief sources of Colonial discontent. Such is the patronage of the Colonial Office that the grant- ing or withholding of supplies is of no political importance unless as an indication of the opin- ion of the country concerning the character of the government, which is conducted upon a sys- tem that admits its officers to take and apply the funds of the Colonists without any legislative vote whatever. ^ Some years ago the people of the County of York held a meeting and petitioned for the re- dress of Grievances; their memorial was trans- mitted by W. W. Baldwin, Esq. the Chairman of the meeting, to the Right Honorable E. G. Stanley, and his advice requested as to the means IV REPORT of redress, v\hich he most willingly gave. His autograph letter in reply, from which the follow- ing is an extract, is appended to Dr. Baldwin's evidence given before Your Committee. [Extract.] " Upon the subject of the Legislative Councii, im (which I do not hesitate to say, without any dis- " respect to or reflection upon the individuals who " compose it, is at the root of all the evils com* " plained of in both Provinces.) Upon the ex- " elusion of the Judges, with the single exception u of the Chief Justice, from all interference in * political business — and upon the necessity of '■ introducing some alteration into the present il Jury system — the three most important points " of your petition, you will find that the opinion " of the Committee entirely concurs with yours, "•and that opinion I am disposed to support to " the utmost of my powers- Mr. Stanley adds that the Constitutional re- medy is u open to the people of addressing for " the removal of the advisers of the Crown, and " refusing supplies," The patronage of the Crown, as now exer- cised in this Province, includes the payments of gifts, salaries, pensions, and retired allowances to the Clergy of the Methodist, Presbyterian, Protestant Episcopal k. Roman Catholic orders, and to nearly the whole of the civil officers of the government, including Sheriffs, Collectors of Excise and Customs Revenue, Coroners, Justices of the Peace, Commissioners of the Court of Requests, the heads of the several departments and all in subordinate stations under them; to ON GRIEVANCES. V Judges of the District and Surrogate Courts, Registrars of Conveyances, Wills, &c., Commis- sioners of Customs, Clerks of the Peace, &c. &e. These officers hold their several situations only during the pleasure of the Crown. The Royal patronage also embraces the judicial es- tablishment, many pensions, the nomination of one branch of the Legislature, by the name of the Legislative Council, and the appointment of its speaker and other officers, — the selection of the officers of the House of Assembly — the con- trol of the Indian Department, of King's College, and of Upper Canada College, the appointment of the twelve District Boards of Education, and the direction of the expenditure of public monies in aid of Emigration — the selectiou of the Ex- ecutive Council — the uncontrolled management of millions of Acres of public Lands — the ap- pointment of 1500 commissioned Militia Offi- cers — the sole control of the Military and Naval Forces— -and (subject to the votes of the House of Commons in this case) the regulation of the whole Military and Naval expenditure. The Crown also controls the expenditure of a large annual amount of local taxation by its pow- er of appointing the District Magistracy during its pleasure — the justices thus appointed select the District Treasurers and a large number of subordinate officers, and exercise varied and ex- tensive civil and criminal jurisdiction. The re- fusal of the bench of Magistrates of the Eastern District during the present Session, to render to the House an account of the receipt and expen- diture of the local taxes and revenues raised from the people, and entrusted to the charge of these functionaries, under the authority of several acts of the Legislature, affords another proof that the VI REPORT system under which they are appointed requires instant revision ; more especially as the com- plaints of the people of that District against magisterial peculation, as recorded on the jour- nals, are of long standing. The Crown appoints the members of the Court of King's Bench, and the Judges of that Court regulate at their discretion the tariff of fees to be paid therein by suitors. These judges are dependent on the Crown for such retiring pensions as it may see fit to award them, if any, and enabled to look forward with hope and ex- pectation to the enjoyment of other offices and situations within its gift, by themselves and their families. The Canada Company, the several incorpora- ted establishments for Banking, Canalling and other purposes, and the Harbour, Dock & Wharf Companies, in nearly all cases, unite their patron- age with that of the local government, and stea- dily strive to increase the influence of the Crown. The Post Office Department, with about a hundred Deputy Post Masters, is under the sole control of the Crowrv — contracts are made, and all appointments held during its pleasure ; the surplus revenue is transmitted to England. No detailed accounts of receipts and expenditure, have ever been laid before the Colonial Legisla- ture. The rates of letter postage between the different places in the Colony, between this Co- lony & the others — and between Upper Canada and England, are very extravagant. The cor- respondence with Europe is chiefly carried on via : New York, which is at once the cheapest and most expeditious route. ON GRIEVANCES. VII Representations were made to the British Government that the Post Office system required revision, and a law was passed in consequence to authorise the several Colonics to establish Post Offices. The form of a law, such as the government would approve, is before the House, but its provisions are so inapplicable and absurd that no benefit would be derived from their en- actment. A change for the better must be that which will give the Colonists the entire control of this Department in Upper Canada. Salaries, Fees, <&c.^ By the tables of salaries, fees, emoluments, &c. 3 it will be seen that the patronage of the Crown, arising from civil and judicial offices and places within its gift in the Colony extends at least to £50,000 a year (exclusive of the Clergy Grants) the whole being raised from the people themselves and not one farthing derived from England. Up to 1827 an annual sum of £10,800 Ster- ling, or thereabouts, was voted by the Imperial Parliament towards the payment of the civil list of this Colony, and it was not till April 1834, that the £4472 allowed yearly to Clergymen of the Church cf England from the funds of Great Britain was withdrawn. Now, however, the whole expense is thrown upon the Colony, the inhabitants of which can exercise but little in- fluence over a government which disposes of their property at its discretion. Of these annual salaries, fees and emoluments, 117 persons receive, each under £100 : — 40 per- sons receive each from £ 100 to £200 ; 29 persons receive, each from £200 to £300 ; 23 persons VltT fcEFM receive, eacli from £300 to £500; !0 persons receive, each from £500 to £750; 6 persons receive, each from £750 to £l0i>0; 10 persons receive, each from £1003 to £1;;00 ; 2 persons receive, each from £1500 to £2000 ; 1 person receives, £2,066, and I person receives £4,9jo. On a reference to the table of offices, salaries, &c, it will appear evident that many officers there named could he dispensed with, and that, of the others, the greater part receive in- comes which the services they are required to render and the state of the finances of the Co- lony do not warrant. Upwards of £33,000 have been paid from the Colonial Revenues within the last eis:ht years to the Lieutenant Governors, the greater part of which it is probable they save and carry to Eu- rope. The incomes of Governors in the northern parts of the States vary from £100 to £1500 a year, and the incumbents are taken from among the resident inhabitants. The salary of the present Lieutenant Gov- ernor Sir John Colbome, with his other public sources of income or emolument is about £5G31 a year.* Formerly the amount of this income w T as less objectionable for it was chiefly derived from Europe and the Lieutenant Governors transmitted thither the surplus on their return. £808 is the amount of the income of the Private Secretary to the Lieutenant Governor. — It appears to us that this office ought to be done * This income will have been increased since the accession of the piesent ministry by His Excellency's promotion to the Colonelcy of a regiment, ON GftllSVANCES. IX away with, and the duties performed by the ex- isting public departments whieh are abundantly sufficient for their discharge. The Honorable Peter Robinson appears to have received of salary from the Colony within the last 7£ years £12087. His annual income i; now £1721. The Honorable Duncan Cameron has received since January 1827, £8624 12 besides a variety of other payments for fees. kc. There can be no pretext for paying this officer at the rate of £1033 a year, and then paying Mr. Jarvis £200 as a deputy to do the business of his office. The Honorable John H. Dunn has received £11.534 of public money since 1827. His office is a very responsible one, and to it might be con- veniently added the offices of several bursars, treasurers, commissioners and other public ac- countants in this City, with a proportionate sa- ving to the public. Mr. Robinson is the " Survevor General of Yv'oods," the - Surveyor General" is S. P. Hurd, Esquire, with an income in fees and salary of £742 a year or thereabouts. The history of this gentleman's appointment may be ascertained from his evidence annexed to this report. Mr. Hurd was appointed Surveyor General on the 1st of November, 1829, and was ordered to be paid his salary and fees from that date in full for the first six months; then the Colonial office ordered that he should receive half the income of his office until the time when he should think fit to enter upon its duties. Assedi. No. 21. B RKPuitT Between 2 and 3 rears after he wa? appointed lie came into the Province and began to fulfil tiie duties of the Surveyor Generalship, and was paid nearly at tSie rate of £ 400 a year for the period in which he had neglected the office ; while Mr. Che welt, the senior clerk, was also remunerated in full by the Province as the Sur- veyor General, for actinias his deputy, and has since obtained a pension of £40;) a year out of the Province revenue by an order from England, and retired. Mr. Chewitt with his pension has the Registrarship of the Surrogate Court at £104 fees last year, The multiplication of offices in the land grant- ing Department creates great and unnecessary expense and much confusion. Aichdeacon Strachan's income cannot ne ea- sily ascertained. The application of the House of Assembly to be allowed to look into k * the Blue Book'" or official statement of the pecunia- ry affairs of the Colony sent to England, for the years 1324, 1825, 1826, 1327, 1328, 1829. 1S30, 1831 and 1332 the Lieutenant Governor declines to comply with ; and every effort of the Com- mittee to obtain the particulars of the Archdea- con's income for a lew years back, by questions put to himself has proved unsuccessful. Since the 1st of January 1820. Dr. Strachan appears to have received of public mOiiey", as Archdeacon, senior Executive Councillor, Rector of York, President of the Board of Education, &C. £7977; and for his journey to England in 1827. in cash and lands, 'other £4051. In all £12 828. Details and explanations are placed in the appendix, hut we presume that the turn lunaod tails for short of the gross amount. ON •RICVAKCEI. W It might have be^n e.Ypectod tint the ofLcea r>f Clerk of the Executive Coun< iL and fbst Clerk i a that office would have been consoli- dated into one at about £300 a year, and no fees, on the death of the late Mr. Small. There are very few duties to perform, and these not generally of an important nature, jr.eC Mt. Bei- kie's name appears in ti*e Blue Book for 183 I, as Clerk of the Council at about £725 a year, to- gether with a first and second Clerk at £250 and £209 a year respectively. The Honorable John B. Robinson's services for the last eight years have been repaid with about £ 18,000, nearly all of which is from the Colonial Revenue. He lias obtained £ 100 a year for services as Speaker of the Legislative Coun- cil, over and above his other salary of £1606 per annum as Chief Justice. The situation of presi- ding member of the Legislative Council and Chief Criminal Judge of Upper Canada never ought to have been united in the same person. The Speaker of the House of Assembly receives only £200, or half the salary claimed by the Speaker of the Council for services far less im- portant, arduous, and fatiguing. Mr. Grant Powell, in his various capacities, appears to receive £855 a year, or thereabouts. The extra allowance of £20 ) ever and above his salary of £200. as Clerk of the Legisla- tive Council ought not to be continued ; and his office of Judge of the Home Distiict Court should not be held along with an office, which requires his services elsewhere at the same time as Clerk. Mr. Huttan's fees, as sheriff of the Newcastle District, amounted lol'JOl/) in KJ34. & to £ 1 180 XII IlEPORT in 1833; such incomes indicate the expediency of some Legislative action on the fees of Sheriff. Mr. Jones's fees, as Clerk of the District Court for the same District, appear to have equalled £473 in 1831 ; very large sums were realized in some other Districts. In an office like this where neither talent nor legal acquirement is requi- site, competent and respectable men would glad- ly act for incomes of £100 or £150, and justice be rendered at less cost to the unfortunate. The absurd system under which the Collectors of the Customs are remunerated has already ob- tained the attention of the House. Mr. Samuel Ridout receives £500 as Regis- trar, and £222 as Agent to the Land Granting Department; the latter office is a sinecure and ought to be abolished. Many of the Registrars perform their duties by Deputy, and it is believed that if their fees were reduced nearly one half, enough would still be paid for any services they are called on to render, while the expense to the public in conveying real estate would be greatly curtailed. The salary and allowances of the Attorney and Solicitor General, at £1200 and £l00 a year respctively, are unreasonably high- The Speaker, for three months in the year, is required to give his attendance daily, for many hours a day, and his income is but £200. The official services of the Crown Lawyers do not certainly require more talent, nor arc they more difficult or arduous than his. The Crown Office is a grievance of magni- tude. The incumbent is required to fulfil duties ON GRIEVANCES. XI lC which any gentleman with an ordinary educa- tion could perform, aided by a few clerks at a slender annual salary ; rumour had declared his income from fees alone to be within a tritle ot £2,000; his own statement in the Blue Book for 1834, gives £1257 of fees that year, and £111 in salary, in all £1368. These fees are regulated by the judges, who have thus the pow- er to remedy the evil. In the detailed returns Mr. Jonas Jones' in- come as Judge of the District Court in three Districts, and other offices is shewn to be £91G. In addition to the varied duties of these situa- tions, Mr. Jones is the President of the Board of Commissioners for Improving the Saint Law- rence. The Adjutant General of Militia receives £449 as salary and allowances, (besides his half pay as an ensign of the regular forces.) He is also allowed an assistant adjutant general to do the work at £200 a year, one of these salaries ought to be abolished. Pensions. Within the last eight years there have been paid to eleven individuals, in the form of Pen- sion, out of the Province Revenues, but with- out the consent of the Legislature, about £30,500 — of this vast sum of money nearly £4,000 have been paid to Colonel Talbot ; — £4.000 to the late John McGill ; £3,856 to Bishop McDonell ; £5,998 to the late Sir Win, Campbell ; £3,333 to the late D'Arcy Boulton, Esq. ; £5.555 to the late IIon.D. W.Powell ; also £1,776 to the Hon. William Allan, to be by him transmitted to Sir D. W. Smith, Bart. Northuin A'TV REPORT berland. Had this sum of £30,500 I con ap- plied under a frugal Government, to the im- provement of the Roads and Bridges, it would have done the country a great deal of good. The civil pensions of the United States a- mounted in l"8 17 to $1,4(50 ; in 1821 to $1,500; in 1825 to 82,100, and in 1827 to $2,000.— This is the effect of having the management of lheir own money. 3CccScsiasiIcal X^tnMisiiSHent. This consists of four classes — the Methodi fa — two Conferences, not in connexion with each other. The Church of England — the Presby- terians, two Synods, not in connexion with each other ; and the Roman Catholic Church. The Church of England has been upheld by the Crown since the first settlement of the colony. The Churches of Scotland and Rome received but a miserable pittance, until within the last six or seven years. The Secedcrs from the Scottish Establishment, began to receive a boun- ty for their spiritual services some three or font- years ago ; and the Methodist conferences had grants extended to them for the first time in 1832 or 183.5. The Independents, Baptists, Congregationalists, Quakers, Lutherans, Tunk- ards, Menonists, Primitive Methodists and other sects do not receive any part of the pub- lic money, and several of the Presbyterian and Methodist Ministers refuse to accept any por- tion of it. The House of Assembly, in several successive Parliaments, has expressed its entire disappro- bation of the conduct of the Government in thus attempting to uphold particular religious 0\ GBIETAxNCEf. XV sects foj money grants ; and in the lOtli and J Itii Parliaments, has declared that it recogniz- ed no particular denomination as established in Upper Canada with exclusive claims, powers or privileges. The ministers of these Ecclesiastical establish- ments derive their official pensions entirely frora the public revenue raised within the Province, and receive besides an income from their con- gregations ; England pays no part. There were pnid out of the Provincial chest, without any vote of the Legislature, in f8.i2, I333ahd 1834, to the four Etablished Churches £10,441, of which £15,284 were paid in 1331.* JHeikodists. The " Canadian Wesleyan Methodist Con- ference" received £830 in 1833, and £389 in 1831 ; these sums were to be applied to the building of Chapels, Sec. The '-British Wesleyan Methodist Confer- ence" formerly the Methodist Episcopal Church received £1,000 in 1333, and £611 in 1834, to be applied (as is stated to the Lieutenant Go- vernor by the Rev. Joseph Siiu&ot',) 4 - to the '• erection or repairing Chapels and School- u houses, and in defraying the general expenses *< of the various Missions in our charge."* Your Committee were unable to obtain an account of the expenditure oi these monies in * £15,881 put 1 to the Clergy of 4 particular denominations in one year, is rather at variance with a portion of Viscount Godcridi'ti ten, that slipwii);/ undue preference to the Church of England t h> ;i t variance with li h whole course of policy, more espe^iailj as £3,60:2 0/ Lhat tu:u was giv'eu lu ^' l1 -'- dsjuouima XVI REPORT detail. It appears indeed that no snch accounts had been transmitted to the Government Office In either of these years. This appropriation to the Methodists as an Ecclesiastical Establishment, is very singular. In the year 1826 the opinion entertained of them by the Executive, is given by Dr. Strachan, who informed the Colonial Minister in England that the Methodist Ministers acquired their edu- cation and formed their principles in the United States ; and they felt the suspicion attempted to be thrown on their loyalty so strongly, that they appealed to the House of Assembly, which enquired into and reported on the matter in the year 1828. Upon another occasion they received a re- buke from His Excellency Sir John Colborne, as will appear from the document in the appen- dix containing His Excellency's answer to the Address of the Conference, requesting him to transmit to His Majesty their Address on the subject of the Clergy Reserves. Since, how- ever, a share of the public money has been extended to. and received by them ; there seems to have been established a mutual good understanding, The Church or England. To the Ministers of this denomination, as salary, Sec., the government has paid out of the Province chest, within the last three years, the sum of £27,321, of which £9,602 were paid in ]831. For details we refer to the appendix. Within the last eight years £3,559 have been paid to Archdeacon Stuart of Kingston, for ON GMEYANCES. XYJI his services as Archdeacon and Minister of tbo Church of England. All this money was paid out of the Province revenues without a grant of the Legislature. Presbyterian Clergy. This christian denomination has received £5,541 within the last two years ; part of which was to the Synod in communion with the Scotch Church, and the lesser share to the other Synod. The detail of this expenditure, so far as it hajs been obtained, will be found in the appen- dix, Hotnan Catholic Clergy. Within the last two years £1,910 have been paid to the Catholic Bishop; a part for himself; apart for his clergy; a part for repairing and building Catholic Chapels and Churches, and a part for Educational purposes — the payments nave all been made from the colonial revenues, It will be seen, from the evidence annexed to this Report, that some exertions have been made by Your Committee to obtain the accounts and vouchers of the payments mode by the Bishop to his clergy and others, and for build- ing churches. The Lieutenant Governor has also directed an inquiry to be made as to the de- tails of this part of the Ecclesiastical expendi- ture, but, hitherto, without success, Celebes. Between the years 1789 and 1835—25,905 acres of public lands were set apart by the Crown as Glebes to clergymen. Of these there were given to the Church of England 22,345 Acres. Assew. No. 21. e XV] If REPORT To the Scotch Church, 1,160 do To the Roman Catholics, 400 do To all other Denominations, do Land Granting Department. Viscount Godericl/s Despatch shews that this grievance, for such it was, has been in part removed. To what extent, however, the docu- ments Nos. 7. and 8. oi'the Appendix do not xcry clearly shew. King's College and U. Canada College, The former institution is not jet in operation, although much required for the instruction of the youth of the Province in those branches of education not usually taught in Common Schools. The latter is upheld at great public expense, with high salaries to its principal Masters, but the Province in general derives very little ad- vantage irom it. It might be dispensed with, Viscount Goderich had His Majesty's com- mands to express the Royal desire, that the opi- nion of the people of the colony might be con- sulted with respect to the constitution of King's College. A Bill has accordingly been sent to the Legislative Council, sanctioned by a large majority of the House of Assembly, for the estab- lishment of that seminary, but there is not much reason to expect that the Council will coincide in opinion with the representative branch of the Legislature on this important question. Expenditure on Emigration. Accounts of an expenditure of £31,728 18s lid under the Crown Land Commissioner, in aid of the Emigration from Europe, were refer- red to vour Committee, who, being unable to ex- ON GRIEVANCES. XIX amine into all the details, sent for the Vouchers for the late Mr. Mount's .expenditure of about £7,309 of the money in Adelaide, Warwick, and Carradoc. Their statements, No. 56 and No* .07 of the Appendix, will show the opinion they entertain of this mode of expending the provincial revenue. Audit or iSic Public Accounts. The present system is altogether inefficient for ensuring the application of the revenue to the purposes for which it is intended to be ap- plied. The House of Assembly, acting by one or more of its committees in a session, cannot examine the accounts and vouchers of the se- veral public accountants, owing to the very com- plex, obscure and unsatisfactory manner in which they are furnished ; and as for the Executive Council, the law recognizes them not as audit- ors of the revenue, nor do they merit the public confidence as a board of audit. Of the grant for the roads in 1333, paid about a year ago, nearly £12.000 entrusted to Com miss -oners remain yet unaccounted for. The grants to Canals, many thousand pounds in amount, are in general very imperfectly ac- counted for. The payments of Casual and Territorial Re- venue, fines, forfeitures and seizures, are also very imperfectly accounted for. either to the country, or to the Crown or its ministers. The remedy would be a Board of Audit, the proceedings of which to be regulated bv a well considered statute under a responsible govern- ment; such a Board might save the country many thousands each year, but it is difficult to believe that any efficient means of auditing the whole provincial revenue can be provided by XX REPORT Legislative enactment, while the Legislative Council it* constituted as at present. *Ilclwi'iis oF Accounts, <&c. Many items of information required by the House and its Committees from the Government with respect to the public accounts, the receipt and expenditure of public monies, college and other funds, monies placed in the hands of indi- viduals for the payment of clergymen or the building of churches and chapels, &c. have as yet been withheld, and the receipts and expenditure of the post-office department have been very unnecessarily delayed. In most cases the par- ties whose duty it was to compile these returns have had ample time to do so. In many other cases the statements required have been furnish- ed to the house. The remedy for neglecting to supply returns in most cases, would be by a sta- tute providing the time and manner of making them, and naming the officers who should ren- der them to the Legislature; but it is well known that such an enactment would fail in the Council, which has an interest in preventing the enforcement of practical accountability to the people. Little respect is paid, even in subordinate matters, to the wishes of the House of Assem- bly. In the year 1823, the late Francis Collins was convicted of an alleged libel for imputing to the present Chief Justice Robinson, then At- torney General, native malignancy. This lan- guage was induced by the irritation Mr. Collins felt at the wrongful denial, by Mr. Robinson, of his right to traverse to the next assizes. He * ; fees recommendations in the Report of Sir Henry Parnell, Sir James Kempt. Mr. Ellice, and others Conimitsioucife tu report on tfrg .public revemtd—-iu thg ^jgendiju OA (SSIETAftCES. XXI Uas, however, sentenced to a fine of £50, to be imprisoned in the common jail lor twelve months, and to find securities to keep the peace for three years, and to remain in prison till he did so. The whole proceedings of the first session of the tenth Parliament on that subject are full of interest, and exhibit a faint and imperfect spe- cimen of the spirit with which the government was carried on, and the criminal justice of the country administered. It ended in a simple re- quest from the Assembly, that the residue of the punishment might be remitted, Collins having already been immured in the prison for several months. This reasonable request was flatly re- fused by Sir John Colborne. It is, however, humiliating to notice, that a similar request was readily granted to a few favored individuals for the release of the Farmersville rioters, who had iu the most shameful, premeditated and unpro- voked manner, assaulted and beaten the chair- man of a public meeting, held simply for the purpose of returning thanks to Lord Goderich for his Despatch. Under the same disregard of the views of the House of Assembly, measures Avere adopted by His Excellency for the second Leeds Election, quite at variance with their known wishes. The Returning Officer, in his evidence under oath, before the Grenville Committee, declared Beverley, where the first election was held, to be an unsuitable place. It had already been the scene of disgraceful riots, destructive of the freedom of election, was in the vicini- ty of those violent partizans of Messrs. Gowan and Attorney General, who were the authors of the former riots, and remote from the district town where any rioters could be confined. The Returning Officer al.^o stated, that the time of six days, limited by the existing law for the election, was insufficient for polling all the Votes in the county; and that without an exten- sion of time the next return might depend on which could get their votes first polled. The Returning Officer was also judged and reported by the Committee, acting as they were under the sanctity of an oath, deficient in firmness, and the defence was declared frivolous and vexatious. Yet the same Returning Officer, and the same place were selected by Sir John Colborne for the new election, which was ordered to take place within so short a time that it was scarcely pos- sible to give the notice required by law in the different townships so as to apprize the free- holders. Under these circumstances it is not surprizing that renewed riots occurred at the second elec- tion, which has by another Grenville Committee been set aside. The Despatch of 8th 7%ov. 1832. The Despatch from Lord Viscount Goderich to Sir John Colborne, dated November 8th, 1832, and specially referred to your Committee, is an answer to the representations of about 24,500 of His Majesty's subjects of this Province, trans- mitted to England by Mr. Mackenzie, a mem- ber of this Committee and the agent deputed by the Petitioners to urge their claims on the con- sideration of Government. * There is an error in the Despatch, which states the number of Petitioners by Mr. Mackenzie at 8 or 10,000, * "There is no class of the Canadian poople, however small, **. nor individual anions: them however obscure his situation, to whose "petitions Hie Majesty does not require that the most exact and "respectful attention should be given." — Viscount Godcrich's ]>e«- patch, Nov. 8th, 1S32. »>N GRIEVANCES. Will below the true number, a subsequent letter to Mr. M. from the Colonial Office, appended to this report, corrects that mistake. Mr. Mackenzie also went to England as the Agent of about 10,000 Petitioners of the several religious denominations, whose claims Mr. George Ryerson was sent home to advocate in 1830. The documents referred to your Committee are very voluminous, instead, therefore, of re- porting them, some extracts have been made to which the Despatch has reference ; these selections and other correspondence with the Colonial Office are appended to this report. The Despatch itself recommends many very valuable measures that His Majesty had been graciously pleased to suggest to the Government of this Province, and w r hich-are eminently cal- culated, if acted upon, to render the people more happy and contented, viz :— 1. The passing of a Bill for the amendment of the Election laws. 2. The alteration of the Charter of King's College, in such a manner as shall agree with the wishes of the people — [acted on this year by the Assembly.] 3. The placing the Town Members of the Assembly on the same footing in respect to w r ages as the County Members — [acted on this year.] 4. Allowing all the members of religious de- nominations, who cannot conscientiously take an oath, the privilege of the elective franchise ■ — [acted on.] 5. The interdiction of the disposal of Crown Lands to favourites, and rendering them the subject of competition — [partly acted on.] XXIT REPCHT 6. The repeal of the law which exclude! British subjects from voting at elections and being elected, until the expiration of seven years after their return from their residence in a fo- reign country — [acted on by the Legislature.] 7. The non-interference of all persons hold- ing official situations in the Province at elec- tions. 8. The strong recommendation of His Ma- jesty for a universal diffusion of Education, es- E>ccially among the poorest and most destitute — acted on by the House of Assembly this year.] 9. The desire expressed, that the most am- ple and particular information should be given to the House of Assembly of the avails and diposition of the Casual and Territorial revenue. 10. The disposition expressed by His Majes- ty that the Ministers of religion should resign their seats in the Councils, and that no undue preferences should be given to the preachers of the Church of England — [to this recommenda- tion, the Address of the Council hereto append- ed, was the answer.] 11. The reducing the costs of Elections. 12. The passing of a Bill for the independ- ence of the Judges — and 13. The passing of a Bill limiting the num- ber of persons holding offices to seats in the House of Assembly. Mr. Mackenzie, in his efforts made in Eng- land for the attainment of a redress of grievan- ces, was generously assisted by Mr. Hume, (who has always taken an active part on behalf of the people of Canada), and by Messrs. War- burton, Ellice, O'Connell, Grote and Roebuck, Mr. Viger, Lord Howick and other Gentlemen of liberal principles. ON GRIEVANCES. XXV Among other subjects of complaint embraced in the Petitions referred to your Committee, were the neglect of general Education — the delays, costs and partialities exhibited in the administration of Justice — defective Jury laws — inconvenient polling places at county Elections — an imperfect state of the representation in the House of Assembly — the Primogeniture laws — the Crown and Clergy Reserves, and the large Provincial debt. Upon these and other matters of Grievance, your Committee have taken the evidence of in- dividuals of various religious and political creeds which they herewith submit to the consideration of the House. The legislative Council. This body forms a part of the patronage of the British Government; they are the no- minees of the Minister of the colonies, who can add to their numbers at his discretion. In continually rejecting the many valuable mea- sures earnestly prayed for by the people, they may be fairly presumed to act in obedience to the power from whence their appointments were derived. Your committee examined some of the members of the council holding offices of emolument under the government, and from their answers it will readily be seen whether they are or are not under the influence of the Lieu- tenant Governors for the time being. Capital may be brought into any country, but under an arbitrary, imprudent, and irresponsible government it will be impossible to retain a large share of it. Notwithstanding the encourage- ment given to emigration, as stated in Mr. Ro- binson's accounts ; it appears by No. 5 of A8SEM. No. 21. T) XXVI REN)RT Appendix, that the population of the colony has not increased much beyond the natural rate in an agricultural settlement of great extent, fer- tile soil, and spare population. The emigra- tion at Quebec in these four years, as also at New York, has been very extensive. The more wealthy class of emigrants pass through Canada to the United States. Justices of the Peace. These officers are appointed by the Lieuten- ant Governor alone, during his pleasure. Their powers severally and collectively are very exten- sive. By a reference to the returns appended to this report it will be seen that they consist chiefly of persons of a particular bias in politics, and are a means of extending the power and influence of the colonial system. Several witnesses were examined as to the mode of appointing Justices of the Peace, the character of the Magistracy, &c. Their evi- dence and returns of the present magistrates of the colony are submitted herewith. A Responsible &ovGi'iuttcnf.« The Governors of colonies, like other men, are individually liable to all the infirmities of human nature, and in their political capacity, when left to act without restraint, they, no doubt, sacrifice occasionally the interests and happiness of the people, to the gratification of their own passions and caprices. One great excellence of the English constitution consists in the limits it imposes on the will of a King, by requiring responsible men to give effect to it. In Upper Canada no such responsibility can exist. The Lieutenant Governor and the British Ministry hold in their hands the whole patronage of the ON GRIEVANCES. XXV11 Province ; they hold the sole dominion of the country, and leave the representative branch of the Legislature powerless and dependent. Mr. Elmsley, a member of the Legislative Council, (the son of a late Chief Justice of the Province,) and formerly member of the Execu- tive Council, retired from that body lately, and advertised in the newspapers that he could not retain his seat and act independently at the board. The Archdeacon of York, Mr. Mark- land, and Mr. P. Robinson, three of the present members of the Executive Council, have given a different testimony before Your Committee. Mr. Stanley, in his letter already adverted to, ex- presses his opinion of the Executive Council with great candour and frankness, as follows : " I do, however, think that something might be done with ** great advantage, to give a really responsible character to " the Executive Council, which at present is a perfectly " anomalous body, hardly recognized by the Constitution, 44 and effective chiefly as a source of patronage." In the Royal Instructions to Governor Sir Thomas Cochrane, dated the 27th of July, 1832, signed by Viscount Goderich, and printed by order of the House of Commons, your commit- tee find the following passage : 44 In accordance with the uniform course of precedents, 44 your Commission constitutes a Council which will partici- 44 pate with the Assembly in the enactment of laws. It is 44 not, however, to be denied that this part of the established 44 system of Colonial Legislation has been practically found 44 to be attended with some serious difficulties. The members 44 of Council, deriving their authority from the Royal Com- 44 mission, have not seldom been regarded with suspicion and 44 distrust by the great body of the people. Their elevation 44 in rank and authority has but too often failed to induce a 44 corresponding degree of public respect. Even the most 44 judicious exercise of their powers has occasionally worn 44 the resemblance of harshness when opposed to the unani- 44 mous or the predominant opinions of those to whom the 4v Colonists looked with confidence as their representati XXVlil REPORT 44 Tlio Councils, it must be confessed, have not uniformly ex- " erted themselves to repel, or to abate, tin* prejudice. The u acrimony engendered by such disputes has sometimes given 44 occasion to an eager assertion of extreme rights on the 44 part of the Council, and to a no less determined denial of 44 their necessary and constitutional privileges on the part of 44 the Assembly. The Councils have also been employed as 44 instruments for relieving Governors from the responsibility 11 they ought to have borne for the rejection of measures 44 which have been proposed by the other branch of the Le- 44 gislature, and have not seldom involved them in dissensions 44 which it would have been more judicious to decline. The " effect of the institution therefore, is too often to induce a 44 collision between the different branches of the Legislature, 44 to exempt the Governor from a due sense of responsibility, 44 and to deprive the representative body of some of its most *' useful members. Yet the compensation which might atone 44 for these evils is not obtained, and the Council does not as- 44 sume in the colony a position or an influence analogous to 44 that of the House of Peers, because entirely destitute of 44 that hold on public opinion which the property and hmV pen- 44 dence of its members, as well as the antiquity of (lie insti- ' 4 tution itself, confers upon tho Peerage of this country. " 111 Upper Canada, where society doubles its numbers every twelve years, (while in Lower Canada it does so every twenty years) where new towns and counties start every year into ex- istence, acting more on government than acted upon by its directions, obliging it to abandon schemes of improvement begun in one direction because population has by chance suddenly ac- cumulated in another — requiri ng new laws and tribunals every Legislative Session — coming from several counties and bringing hither their peculiar affections, feelings, and prejudices — in such a country the government ought to fellow incessantly the changes that work on public opi- nion — it should be cheap — because population and capital spreading constantly in the wilder- ness, there is no great accumulation of capital in a few hands, though there is a rapid one in the country ; the people are above want but canno* Oi\ GRIEVANCES. XXIX indulge in luxury and ostentation — their display will therefore ever make highly salaried otfliccrs disliked by the community at large. In Upper Canada the efforts of the Legisla- ture have been directed towards improving tho Executive Council. Yet it appears on enquiry that that body affects to have done neither good nor harm* — some of its individual members may, (as is asserted by Bishop Macdonell t) have ac- quired influence near the Lieutenant Governors and misled them, but the body has few if any definite attributes, other than in the Land Grant- ing Department, and there nothing but ministe- rial acts to perform. It is shewn in evidence, by Colonel Rowan and others, that the Lieutenant Governor may or may not shew the Executive Council his despatches, and may or rmiy not ask their advice, and may or may not follow that ad- vice after having asked it, except there be an instruction from Europe to the contrary. They aro occasionally called on to report on special matters tor the information of the government at home, which is often seriously and intention- ally misled by them. In the appointment to offices, and con- cerning the accepting or rejecting Legislative Bills, it does not appear that they have ever been consulted. 1 heir power in the Land Granting Department has been done away in this Province by the appointment of Mr. Peter Robinson, and in Lower Canada by that of Mr. Felton, with whom the respective Governors (alone) are supposed to consult and determine on all applications for land. The Canada Land Company monopoly too, necessarily, renders ap- -* See evidence of Executivo Councillors, loiter of Lieutenant Gov- ernor Colborne, and other documents annexed. f See his letter on that subject, annexed to the evidence of the Rev. Dr. O'GraHr. XXX REPORT plications for grants to the government less frequent. It appears to Your Committee that the Executive Council is a nondescript with which it is folly further to contend. There have been three classes of persons ex- amined before Your Committee — the first, of whom the Venerable Dr. Strachan is one, are of opinion that the Government is well enough as it is, and that as to responsibility it is as re- sponsible as other Governments. The second class desire a responsible Min- istry, some heads of departments well paid, to direct the government, to prepare bills and most of the business of the session, and to hold of- fice or lose it according as they may happen to be in the minority or majority in the House of Assembly. This system was never attempted in any of the old colonies, but Your Committee have asked many questions with a view of as- certaining what is the public opinion concerning its practicability here ; and it appears that Mr. Mackenzie, in his letters to Lord Goderich, ex- pressed a belief that with some modifications it might be productive of a greater share of good government and public prosperity than is at present enjoyed by the people. A third class contend for elective institutions,* and affirm that while Governors come from without, and Judges are commissioned from without, favoritism towards their connexions will prevail to an extent that would destroy the influence of any set of" Ministers," constituted upon the principle desired by the second class ; that the influence of Downing Street will eonti- * " I really do believe (observes Mr. Labouchere) that where so- " ciety is constituted as in Canada, any attempt on the part of the *' government to appoint the Legislative Council is the merest deh:- 44 fcion. I have over been of opinion that the only way by which " vou can give to that body the weight and responsibility which they jht to possess is by introducing the principle of Election." ON GRIEVANCES. XX Xl nuc to prevail as hitherto; and that the favourites of the Secretary of State will, as at present, be placed in important offices to the exclusion of better qualified men. The facts connected with the cases of Mr. Jameson, Mr. Boulton, and Mr. Hagerman; the dismissal of the Crown Lawyers by one Colo- nial Minister, and the unexplained re-appoint- ment of one of them to his former office, and of the other to the highest judicial situation in Newfoundland, a short time after, by another ; the assertion by Colonel Rowan, to Mr. Boulton,* on the authority of the Lieutenant Governor, that the cause of his and his colleague's sum- mary dismissal, was the part they had taken in the House of Assembly to promote the repeat- ed expulsions of Mr. Mackenzie, after they were (it was presumed) made acquainted with the opinion of the Home Government on that course of proceeding; and the prompt and ready refu- sal of His Excellency to inform the House, in answer to its Address, of the reasons which had induced the Colonial Department to pursue the course it did in these matters, (although even Sir Peregrine Maitland has admitted in his des- patches to Mr. Stanley on the Falls Outrage, that it had become the usage in the colonies,, unreservedly to submit such correspondence to the Colonial Assemblies,) — these circumstances clearly prove that there is no responsibility to public opinion in Upper Canada, and it may be inferred from His Excellency's reply that he has instructions from England to withhold from the Legislature the official correspondence of the Colonial Department concerning their affairs. The cause of the removal of the Crown Offi- cers can only be learnt by Your Committee * Sec copy of hie letter in Appendix, Jtxxn REPORT from the Despatch of Lord Code rich,* who expressly says it was done hecanse they op- posed the avowed policy of Itis Majesty's Gov- ernment: the truth of which charge is abundantly notorious; nor does His Lordship seem at all to notice the personal indignity they had offered to himself even as a Minister of the crown. It is difficult to imagine on what ground His Excel- lency Sir John Colborne qualified the language of the Colonial Minister, and limited it to the case of Mr. Mackenzie's expulsion, unless it was to furnish the excuse which Mr. Boulton is known to have offered, that the views of His Majesty's Government had never been com- municated to him as they had been to Mr. Solicitor General.f But although His Excellen- cy has given this limited view without any known authority, yet we have heard Mr. Solicitor Ge- neral publicly declare that his removal had not the, remotest connexion with Mr. Mackenzie's expulsions and pretended disqualification by the late Provincial Parliament. The declaration therefore of His Excellency on the one hand, and of Mr. Solicitor General Hagerman on the other, are in direct contradiction ; and His Majes- ty's government at Home can alojie tell where the truth lies. It appears probable they were dis- missed for opposing the views of His Majesty's Government, not only in the expulsions of Mr Mackenzie but also horn their treatment of Lord Goderich and«of His Despatch, cmbrac* ing a variety of matters of general interest and policy, and that they have since been restored upon irreconcilable representations and excuses the nature of which this system of concealment prevents our ascertaining. * See Appendix, paper numbered 88. t Vide letter in Appendix paper 88. OS GR1LVANCLS. XXXllI The unexplained reappointment to office of the Crown Officers, Messrs. Boulton and Hager- nnn, men whose conduct and character were always particularly obnoxious to the people, created great dissatisfaction and distrust in the colony. If reference be had to the British Constitu- tion, as settled during; the reign of King Wil- liam the Third, it will be found that there are securities provided in it against Kingly or ra- ther aristocratic encroachments. On that oc- casion the system of Government in England was remo leled, and the " Annual Assembly* " of Parliament was rendered necessary in the " first place by the strict appropriation of the M revenue according to votes of supply. It was " secured next by passing the Mutiny bill, un- '• der which the Army is held together, and sub- " jected to Military discipline for a short term, " seldom or never exceding 12 months. These " are the two effectual securities against milita- " ry power; that no money can be issued to the " troops without a previous authorization by the " Commons in a committee of supply, and by " both Houses in an act ol appropriation; and '* that no officer or soldier can be punished for 4< disobedience, nor any court martial held., * without the annual re-enactment of the Mutiny '* bill; thus it is strictly true that if the King were M not to summon Parliament every year his •• army would cease to have a legal existence, " .nd the refusal of either house to concur in M the Mutiny bill would at once wrest the " sword out of his grasp. By the bill of rights, it ' is declared unlawful to keep any forees m tfre' il*!iaj:»,"s Cwjstr.utional flifctetj «-f Eiiglajid* vakuac 3r4 XXXIV fttl^R'f * time of peace without consent of Parliament. " This consent, by an invariable and wholesome ,% usage, is given only from year to year ; and " its necessity may be considered perhaps the 41 most powerful of those causes which have * transferred so much even of the Executive u power into the management of the two Hooves M of Parliament." No such system of checks and balances to protect from Executive usurpation of popular rights can be found in Upper Canada, The class of persons who are in favor of elec- tive institutions contend, that they were found to work well in the old North American colo- nies while in a colonial state that the people of Upper Canada are entitled to the enjoyment of institutions equally free with those enjoyed by the old colonists during the time they were colo- nial, and under British protection — that few po- liticians are now found contending that these continental colonies, capable of containing a large population, will for a long series of years be required to submit to the inconveniencies re- sulting from perpetual interference by the Home Government in their internal concerns. That in the House of Assembly many useful bills are proposed and carried for many successive ses- sions which are continually thrown out in the Le- gislative Council ; of which the return moved for in the House of Commons by Mr, Hume and appended hereto gives particulars up to the year 1832 — that it is the wisdom of the aristo- cracy to try to make the people fearful of them- selves, by raising idle cries about loyalty, repub- licanism, jacobinism, and revolution — that birth, office, or peculiar privileges ought not to give to a few superiority over the many — that the legis- lative eouncil neglect and despise the wishes ON GIWEVAXCTCS. XXX? of the country on many important matters which a council elected by the freeholders would not — that thepeople, if united in claiming their pri- vileges to constitute the second branch of the legislature, would obtain it, and that it is weak- ness and wavering among their representatives which alone can make them timid, as to claiming the enlargement of their liberties — that the pre- judices of early education, borrowed from books written by or under tke authority of pensioners and salaried lawyers who have with one voice endeavoured to lull the people into the very er- roneous belief that the union of church and state and the wisdom of former ages in devising great privileges for the peerage are the causes of the greatness of England, while in truth it is owing to what she has saved of popular institutions — that elective institutions are the only safeguards to prevent the Canadas from forming disadvan- tageous comparisons between the condition of the colonists and the adjoining country — and that the crown of England, by its ministers, exercised no patronage in Connecticut and Rhode Island ; none in the other New England States, save the appointment of a Governor ; none in the proprie- tary governments; and that hence there is no disloyalty in freely and calmly discussing which of these modes of government that have been granted to British subjects and countries will best suit Canada. When Sir John Colborne assumed the gov- ernment of this province, in his reply to the ad- dress of the legislative council in answer to his speech at the opening of the session, he express- ed to them his opinion of the deficiency of in- dependence in that loyal body. His Excellen- cy's communications with the Colonial Depart- ment convey the same sentiment. XXXVI OKT Th9 following is an extract of a despatch from His Excellency £ic JoUn Colborne to Se- cretary Sir George Murray, ciatecl York, Upper Canada, 1 6th February, A8&9. " With rcspoct to the constitution of the executive and M legislative councils, on which subject von require inf«>rma- '* (ion, it is evident, that whatever persons may be appointed " members of the executive council, tlierc will he a consider* l * able degree of jealousy existing in this limited community " of their influence and authority ; they must necessarily re- 4; side at York, and will seldom he ahlc to accept the charge *• without holding odier offices under die crown. On many t; accounts it is very desirable that the Chief Justice should '■ retain his seat in tho executive council ; but there can he no ' doubt that occasionally' he must, as a judge, be led too deeply t: into the political affairs of the Colony. tf Composed as the legislative council is at present, the pro- t{ vince has a right to complain of the great influence of the c ' executive government in it. The legislative council con- '"' sists of seventeen members, exclusive of the Bishop of 4: Quebec; of those, from accidental causes, not more than " fifteen ever attend to their legislative duties. Thus, out of the " number generally present, six are of the executive council, *' and four hold offices under the government ; I have there* " fore intimated my intention of recommending to His'Ma- '' jesty's government to increase the legislative council. u It is exceedingly difficult to find persons qualified for it ; " but if about eight or ten more can be selected from differ- " ent parts of the prrovince, and the majority he considered " independent, there can be no good reason assigned for ex- " cluding'the exofcutive council." In the return to the house of commons from which the above extract was taken, it is notecf that " Since the date of the despatch, the '• Right Reverend Dv. Macdonell, Roman ca* '* tholic bishop, aud John Elmsley, Esquire, two " additional member.-, have been added to the " legislative council." Of these the first named has a pension or allowance during the pleasure of the colonial department, and the hist left the executive council, declaring that an independent minded man could not be there. ox n»i£VAJSxrs. xx.yvii T'.ie dependence of the legislative council is strikingly manifested by the "facts stated in the evidence of the Honorable Colonel Clark, and the Honorable Wilham Dickson, members of that body, before a select committee of the house of assembly during a late parliament.* It ap- pears that several legislative councillors had ob- jected to a measure strongly urged by the exe- cutive, and its failure was inevitable. To en- sure its passing, coercive means were adopted, and those members who were dependent on the government were told either to vote directly contrary to the opinions they had thus publicly expressed, or be dismissed from their offices. AJter this disgraceful attempt to coerce men to disingenuous and inconsistent conduct, those un- acquainted with the threats which had been used were astonished at the sudden, unexpected, and unexplained change in the couduct of several members ; and when this surprise was expressed to the late Honorable James Baby, (who was also an executive couucilfor, and the senior member) he shed tears at his humiliation, and only exclaimed " my children !" " my children !" and the late Honorable Chief Justice Powell re- plied to a similar enquiryof surprise, " I have re- ceived a new liffht within the last ten minutes." It al ,o appears that the last named gentleman was on another occasion obliged to have a pro- test he had entered on the journals erased, and the erasure can be seen. The protest of Chief Justice Powel! was against a school bill/passed the House of Assembly, then uninformed of its hearing, under the ambiguous phraseology of which it was intended to give Dr. Strachan £300 * Sec Appendix to Journals House of Assembly, of. Session of l8i$3i on A.^sessmbnt Laws. XXXYllI REPORT vl year. The bill passed, and Dr. Strachanfor many years received this sinecure salary, lill it was done away with on the address of the House of Assemblj r . We have already adverted to the circum- stance of the Chief Justice being introduced into the Legislative Council, of which he is Speaker; and altho' the House of Assembly have repeatedly pointed out to His Majesty's Government, the inexpediency, in a limited com- munity like this, of blending the judicial and political duties together, yet the same injurious system is continued. Its impropriety has been lately manifested by the result of a pecuniary negociation likely seriously to impair the inde-. pendence of the judiciary and increase the dis- trust of the people. The House of Assembly voted £200 a year to the Speaker of the Legislative Council, being the same as is allowed the Speaker of the As- sembly, whose duties, as we have already sta- ted, are far more arduous and laborious — but since the acts making the judges independent and providing for them, even undue salaries, a negociation has been carried on which has ended in giving a further £200 a year out of the Cas- ual and Territorial Revenue to the Chief Jus- tice of the King's Bench. As long as these pecuniary inducements and bonuses can be held out to those occupying the judiciary we cannot consider it practically in a better or safer condition than it used to be : and Your Committee would suggest the propriety of addressing His Majesty's Government on the subject of thus exercising undue influence on the judiciary or even countenancing negocia- on tttiiEVAscEn. xm IX tions derogatory from its presumed independence and purity, which ought to be above suspicion. This additional salary ought to be disallowed. It appears therefore that the Legislative \ Council, as at present constituted, has utterly failed, and never can be made to answer the ends for which it was created ; and the restora- tion of legislative harmony and good govern- ment requires its re-construction on the elective principle. The opinions of Mr. Fox, Mr. Stanley, Earl Grey, Lord Erskine, Mr. Ellice, Mr. Hump, Sir James Mackintosh, Mr. O'Connell, Mr. War- burton, and many other eminent British States- men, have been expressed in favour of elective institutions as the most suitable for the Canadas; and it appears to Your Committee that Mr. Stan- ley correctly describes the Legislative Council as being <; at the root of all the evils complained of in both Provinces." The affairs of this country have been ever against the spirit of the constitutional act, sub- jected in the most injurious manner to the inter- ferences and interdictions of a succession of Colonial ministers in England who have never visited the country, and can never possibly be- come acquainted with the state of parties, or the conduct of public functionaries, except through official channels in the province which are illy calculated to convey the information necessary to disclose official delinquencies and correct Eublic abuses. A painful experience has proved ow impracticable it is for such a succession of strangers beneficially to direct and control the affairs of the people 4000 miles off; and being an impracticable system, felt to be intolerable XL REPORT by those for whose good it was professedly in- tended, it ought to be abolished, and the do- mestic institutions of the province so improved and administered by the local authorities us to render the people happy and contented. Such appears to have been the constitutional liberty conferred upon us by the 3Jst Geo. 3rd ch. 31, by which the British legislature enables us to preserve * the peace, welfare, and good govern- ment of the province," reserving to His Majesty, as the head of the empire, the power of disal- lowing any colonial act incompatible with na- tional treaties, with the rights of any other colo- nies, or with the commercial or general interests ©f trie empire. Such a system of government, se- curing to the people inestimable blessings, would rather durably enlarge than impair the commercial relations with the parent state, in exchange for which we receive protection; and could in no wise prejudicially affect any bene- fit* now yielded to her, except the loss, if loss it can be called, of that patronage the partial and impolitic distribution of which has ever proved unsatisfactory and injurious to the colony. Tt apears to your Committee that it is more important than legislation, rendered (nil- less fts it is by the Legislative Council, to adopt sneh measures as are likely to ensure such an altera- tion in the system of our public Rfthirs as seems indispensible for the peace, welfare, and good government of this important part df His Vlnjt*- ly's dominions. The history of all coio:r.,\s s.hew that there has been too rhueh inattention in I he British government in tin? selection of Gov- ernors, it being considered a matter 'merely <\f patronage with the colonial mini- ter, in Downing fctreet. Men. from the Loo Ian :;g*s session of -_ «. ON GRIEVANCES. MI lucrative power, whatever at first might be their relative stations soon acquire a community of in- terests, and thus identified in the purpose of sus- taining each other in office, they have in this pro- vince made common cause against that, redress of our grievances, and that conciliation of the public mind, and that economy of the public wealth, which are equally dictated by justice and wisdom. Although the members of the Executive Conned seem from their own account to rendej no benefit to the country, receiving howe- ver a salary from it, yet a very different duty is imposed upon them by the 31st Geo. 3rd, chap. 31, called the constitutional act, from which it appears they are appointed expressly to advise His Excellency upon the affairs of the Province. This they have never done satisfactorily. As far back as the first Session of the 10th Provin- cial Parliament, the House of Assembly expres- sed their dissatisfaction to His Excellency Sir John Colborne in the most constitutional mode of doing so, at the opening of the Session of the Legislature ; and in the following year the 3ame sentiments were again frankly conveyed to His Excellency in the answer to His Speech from the Throne, by a solemn declaration that the Executive had long and deservedly lost the con- fidence of the country. In the hope of their just and constitutional wishes being attended to, the people patiently waited for relief, but the relaxation of their vigilance which some re- maining confidence in His Excellency unhappily produced has only served to bring disappoint- ment, and to afford a farther opportunity for the accumulation of the abuses which pervade all our. institutions. The growing condition of this part of the Em- Assem. Xo. 21. r XLTI REPORT pire, in population, wealth and commerce, requires there should be an entire confidence between the Executive and the Commons House of As- sembly : and this confidence cannot exist while those who have long and deservedly lost the es- teem of the country are continued in the public offices and councils. Under such a state of things, distrust is unavoidable, however much it is to be deplored as incompatible with the satis- factory discharge of the public business. When, in the year 1831, Plis Majesty was gra- ciously pleased to suggest a further provision for the civil list, which the Colonial Minister required to be made either for seven years or for the life of His Majesty, the terms of the proposition were not candidly submitted to the Assembly, and notwithstanding the strenuous exertions of those who desired to make no provision at vari- ance with the spirit of our constitution, the ex- ecutive influence in the Assembly succeeded in carrying a measure for a permanent and extrava- gant supply, popularly called " the everlasting Salary Bill," while the liberal and gracious terms proposed by His Majesty on the subject were concealed and known only to those who feeling themselves to be above responsibility consuma- ted a measure which has spread universal dissa- tisfaction and distrust. If this undue and im- politic concealment was practised from any pre- tended apprehension that a just provision would not be made for His Majesty's Government by His Faithful Commons, there is nothing in the history of the country to justify it. and as it en- croached upon the constitutional privileges of the Legislature, there is no language of censure too strong against it. It is not this act alone of which we complain, though it may serve-to illustrate our condition, OA GRIEVANCES. XLlif but the whole system has so long continued vir- tually in the same hands, that it is little better than a family compact. Abuses have grown up so as to be interwoven with every thing; and these abuses are concealed, or palliated, excused and sustained by those who are interested to uphold them as the means of retaining office for their private, and not for the public, good. Hence it happens that the most gracious in- tentions emanating from His Majesty's govern- ment at home are frustrated by an interested opposition in the colony; an opposition which, seldom reaches the knowledge of His Majesty, or His Majesty's Ministers in England, although felt most injuriously by the people. It did in- deed lately come to His Majesty's knowledge from the unprecedented conduct of the whole executive and official departments towards His Majesty, when they received, during the late Par- liament, the plainest and kindest manifestations of His Majesty's justice and liberality, conveyed in the most gracious manner through the Des- patch of Lord Viscount Goclerich, now Earl of Ripon ; which illustrious stateman His Majesty had wisely placed at the head of Colonial affairs. This highly important document, connected with Mr. Mackenzie's negotiations in England, con- taining His Majesty's pleasure upon many im- portant subjects, and making many valuable con- cessions to the wants and wishes of the people, was publicly treated in our Provincial Parliament, by men in office, with an indignity as ungrateful as it was unbecoming, and they even attempted by their votes, happily outnumbered, to suppress the despatch by returning it to His Excellency who was directed by the Earl of Ripon to make it public. On the 24th day of January, 1833, in the House of Assembly, it w r as moved in amendment XI.1Y IsEPOllT to a motion for printing the despatch and docu- ments, (in accordance with the wishes and in- structions of the nobie Earl.) that it be " Resolved, that it is expedient to address His Excellency the 44 Lieutenant Governor, thanking him for His Message of Sa- 44 turclay last, and assuring him that this House is duly sensible 44 of His Excellency's anxiety to communicate whatever in- formation he may consider important to the welfare of the 44 Province, and informing fiis Excellency, that this House, 44 for the reasons set forth in the foregoing resolutions, is un- 44 willing to place on its Journals the documents sent down by 44 His Excellency ; and requesting him to allow this House TO 44 RETURN THE DESPATCH OF LORD GODE- 44 RICH, and the accompanying documents to His Excellency." The House divided on this amendment, and the Yeas and Nays were taken as follows : YEAS. Att'v Gen. (Boulton)A. Fraser, Shade, Berczy, D. Macdonald, Solicitor General, Brown, Mc Martin, (Hneerman,) Bur we 11, JMcNeilledge, Thomson, Crooks, Morris, John Willson, Elliott, Robinson, NAYS. William Wilson-— 17, Bidwell, Howard, Perry, Buell, Jarvis, Randal, Campbell, Ketchum, Roblin, Chisliolm, Lewis, Samson, Clark, Lyon, Shaver, Cook, A. Macdonald, Vankoughnetj Duncombe, , Norton, White— 22. Hornor, From this it appears, that the two Crown officers, and other public officers, were in a mi- nority of five in an attempt to send The Des- patch of Lord Goderich back to his Excellency. The same conduct was pursued by them upon all the divisions upon that question, as will be Been by a reference to the Journals of that date. The Crown Lawyers and other officers had OX GBtffVANCBS. XL? directed their objections both against the des- patch and the documents which accompanied it ; nor was Lord Goderich personally spared. All the members of the present Executive Council joined in an unanimous vote in a similar expres- sion of censure against this communication of His Majesty's pleasure. Nevertheless they still continue in the service of His Majesty over his Canadian people, who have on various occasions utterly renounced and disclaimed these indeco- rous and impolitic proceedings. Thus was ex- hibited in the Provincial Legislature the political phenomenon of men repelling in an insulting manner the gracious concessions of their Sove- reign and presumptuously interposing between him and his people as an insurmountable barrier to his royal benefactions. On another occasion, the same disregard of the views of His Majesty's Government was openly practised by the repeated expulsions of one of the members for the County of York ; and altho' the latter expulsions were effected against the case of Mr. Wilkes in the British House of Commons, against the well established law of the land, and against the well known judgment of His Majesty's Government, officially commu- nicated by a Despatch to His Excellency, and by His Excellency communicated to Mr. Solicitor General Hagerman ; yet in this open and uncon- stitutional invasion were found the Law Officers and various persons favoured with His Majesty's confidence, by holding offices of honor and trust during pleasure. And on a late occasion when the present Parliament voted the above proceed- ings, by a vote of 28 to 7, to be expunged from the Journals as subversive of the liberties of the whole body of the electors of the Province, Mr. Hagerman was found, with others, in the minori- XLVI report ty against their obliteration, altho' the only re- tribution that could be made to the injured con- stituency of the country. We, by all means, con- cede the undoubted right of the members of both branches of the Legislature to vote independ- ently as they please, but we deny the expediency of allowing the justice ami executive duties of His Majesty to flow through such unworthy chan- nels, and thereby weaken the confidence of the people in the sincerity of His Majesty's Govern- ment. His Majesty's Government, after much consid- eration, procured the passing of a law in Lower Canada, for the purpose of raising a fund for the relief of destitute emigrants ; after which, all the Executive functionaries in this Province were active in getting up addresses at public meetings against the measure as impolitic and unconstitutional. And while His Majesty was anxious to preserve harmony between Upper and Lower Canada, the same public characters agi- tated questions and measures, (such as the an- nexation of Montreal to Upper Canada,) which threatened the dismemberment of the sister Province against her consent, and to engender between the two Colonies ruinous animosities. This is a state of things which, the British nation, it is presumed, cannot desire to perpet- uate against us. After the right was conceded to the present United States, at the close of the Revolution, to form a constitution for themselves, the loyalists took refuge in this Province ; and, by an act passed in 31st year of Geo. 3. they received the charter of their liberties, conferring upon them a constitution for their peace, welfare, and good government. His Excellency? Go- vernor Simcoe, was entrusted with the duty of putting it into operation; and in the first speech OX GRIEVANCE XLVH delivered by him from tho throne, lie made tho following memorable declaration': — "I have " summoned you together under the authority of " an Act of the Parliament of Great Britain, " passed last year, which has established tho " British Constitution, and all the forms which " secure and maintain it, in this distant colony." And upon closing the same session he said " I particularly recommend to you to explain " that this Province is singularly blest, not with " a mutilated constitution ; bj* with a constitu- " tion which has stood the test of experience, l - and is tho very image and transcript of that of " Great Britain." It is reasonable for the people to desire to see these'declaration? from the throne, recorded on our Journals, faithfully observed by those in the confidence of His Majesty, and that these insti- tions may bo made such as will secure to them their civil and religious liberties to their just ex- tent. This country is now principally inhabited by loyalists and their descendants, and by an accession of population from the mother coun- try, where is now enjoyed the principles of a free and responsible government ; and we feel the practical enjoyment of the same system in this part of the empire to be equally our right; without which it is in vain to assume that we do or can possess in reality or in effect " the very image and transcript of the British Consti- tution." The House of Assembly has, at all times, made satisfactory provision for the civil govern- ment, out of the revenues raised from the people by taxation, and while there is cherished an un- impaired and continued disposition to do so, it is a jonahle request that His Majesty's adviser in the province and those about him should pes- xtrtu RErORT Bess and be entitled to the confidence of the peo- ple and their representatives, and that all their reasonable wishes respecting their domestic in- stitutions and affairs should be attended to and complied with. Your Commttce would respectfully recommend that, besides the usual number for the Journals, a large edition of this report, with the evidence and other appended documents, should be printed in a portable form, as early as possible, and distri- buted among the members of the House, for general circulation throughout the colony. — And, as the affairs of the Canadas will pro- bably occupy a large share of the attention of the Imperial Parliament during its present ses- sion, it might perhaps be advisable to transmit to London a certain number of covies for distribu- tion amon^ those members of the Legislature who take an active interest in Canadian affairs. W. L. MACKENZIE, Chlvihmax. T. D. MORRISON, DAVID GIBSON, CHARLES WATERS. Committee Room, House of Assembly, 10th April 1835. ORDERS Of the House relative to the foregoing Report and other Documents to be printed in this form. •« Ordered — That, besides the usual copies for the Journal, two thousand copies of the Report on Grievances this day presented to the House, together with the Evidence, and the Report and Evidence in the case of William Forsyth, with the address and answer, be printed in pamphlet form for the use of Members and that the Clerk be directed to address them to the Members, with the Bills on Trade, &c. formerly ordered to be printed dur- ing the recess." Truly extracted from the Journals of the Assembly of Upper Canada, of the 10th April, 1835. JAMES FITZGIBBON, Clerk of Assembly, Mr. Mackenzie, seconded by Mr. Yager, moves that the Clerk be directed to prepare at the close of the present Session, lists of the titles of all Bills, which having originated in this House during the last or present Sessions of the Legislature, were rejected or declined to be acted upon by the Legislative Council ; or which, having been so sent up were altered by the Legislative Council so as to cause their subsequent rejection in this House; or which having originated in, and been passed ty the Legislative Council, were afterwards rejected by this House; stating also the titles of any Bills which being passed in the Le- gislative Council and Assembly, are refused the Royal assent or reserved for the consideration of His Majesty ; and that such lists of titles be" annexed to and printed with the last Report of the Committee on Grievances, as ordered by the House to be print- ed in pamphlet form, as also the Leeds Ballot Bill, with the votes at its passage ; the Bill to amend King's College Charter, with the votes; and the General Education Bill from the Select Com- mittee on Education, with the votes. Mr. Roeinson, seconded by Mr. Morris, moves in amend- ment, that all after the word "moves" in the original motion, be expunged, and the following be inserted : M That the order for printing two thousand copies of the last Asssm. No 21. & ORDER?. Report on Grievances be rescinded, and thai tht taid Repert be not entered on the Journals of this House." On the question of amendment ; Caldwell, Cornwall, McCrae, McDonell of Glen- garry, McDonell of North- umberland, Alway, Bnice, Chisholm, Cook, D'incombe, Chas. Durand, Gibson, Gilchrist, Hopkins, YEAS McLean, Macnab, Malloch, Merritt, Morris. Kichardson, NAYS Mcintosh, Mackenzie, McMicking, Moore, Morrison. Perry, Roblin, Rymal, Shaver, Robinson, Rykert. Solicitor General, Tavler, Walsh, Wilkinson — 17. Shibley, Thorburn, Waters, Wells, W T ilson, Woolverton, Yager— 25. 17 8 Question lost, majority eight. In amendment to the original question, Mr. Morris, seconded by Mr. Roblin, moves that the following be added to the original motion, " and that the private letters from Bishop McDonell to the Rev. W. J. O'Grady, appended to the report of the Grievance Committee, be expunged and not printed by this House, nor en- tered on the Journals." YEAS. Macnab, Roblin, Malloch, Rykert, Merritt, Solicitor General, Morris, Tayler, Richardson, Walsh, Robinson, Wilkinson — 17. Caldwell, Cornwall, McCrae, McDonell of Glen- gary, MeDonell of North- umberland. Alway, Bruce, Chisholm, Cook, Duncombe, Chas, Durand, Gibson, Gilchrist, Hopkms, NAYS. Mcintosh, Mackenzie, McMicking, Moore, Morrison, Perry. Ryrral, Shaver. Shiblev, Smith, Thorburn, Waters, Wells, Wilson, Woolverton Yacer— 25 17 $ucsiion lost — majority, 8. GREEKS. LI On tin original question : A I way, Bruce, Chisholm. Cook, Duncomiie, Chas. Durand, Gibson. Gilchrist, Hopkins, McCrae, Caldwell, Cornwall, McDonell of Glen- gary, McDonell of North- umberland. YEAS. Mcintosh, Mackenzie, McMicking, Malloch, Moore, Morris, Morrison, Perry, Roblin, Rymal, NAYS. Macn Men-it*. Richardson, Robinson, Rykert, Sharer, Shibley, Smith, Thorburn, Waters, Wells, Wilson, Woolverton, Yager— 29. Solicitor General, Tayler, Walsh, Wilkinson — 13. Original question carried by a majority of sixteen. Truly extracted from the Journals of the Assembly of Upper Canada, of the 14th April, 1835. {Signed) JAMES F1TZG1BBON, Clerk of Assembly. APPENDIX TO 7th REPORT ON GRIEVANCES. MINUTES OF EYIDE1TCE TAKEN BEFORE THE Select Committee on Grievances, Te irhom was referred Lord Goderich's Despatch of the 8th November, 1832. THURSDAY, February 5th, 1S35. WILLIAM LYON MACKENZIE, Esquire, In the Chair. Lieutenant Colonel WILLIAM ROWAN, Secretary to the Lieutenant Governor, called in and examined. 1. Whose business is it to make out this return 1 [The return of the names and the offices held by members of the Legislative Council and Assembly of Upper Canada shewn to witness.] — It was made out under my superintendence. 2. The first name of a member holding office is that of Mr. Boulton, then Attorney General, — Why are his salary and allowances set down at £300, when it was well known they amounted to four times that sum 1 — I would rather not answer that question, without seeing the original returns from the different officers. Additional Remark. — I now find that no further provision was made by the Legislature for the At- torney General until the 13th February, 1833. 3. If a member of the House of Assembly, holding office, makes an incorrect return to the Government, does the Go- vernment office correct the error? — Certainly, if known to 2 Evidence of be incorrect. The case of Mr. Boulton was an error and dis- covered after the returns were printed. 4. Can you inform the Committee why these returns were so long delayed ? — I cannot tell why, except that it took a very considerable time to collect the returns from the differ- ent officers. They were transmitted on the 28th March, 1833. 5. Have Mr. Boulton and his children never received more than one acre of land in Upper and Lower Canada ? — I cannot say, except by referring to his own return. 6. Did not Mr. Burwell hold the office of Deputy Post Master at Port Talbot in 1832-3? — I cannot say. I believe he did. 7. Mr. Richard D. Fraser's emoluments as collector of customs at Johnstown and Brockville are set down at £152 6s. 6d. — Do you know on what data that, return is made out] — On his own return, I believe. No collector can receive more than £100 a year per centage. 8. Was not the office of Custom House Officer conferred on Mr. Van Koughnet, while he yet remained a member of the Assembly, and continued to sit and vote therein ? — It was — he was appointed in October, 1832. 9. Lord Goderich refers to the annual returns of the official establishment of the Colony, as a proof of the smallness of the incomes of the public officers and the impossibility that it should interfere with the freedom of elections — can you pro- duce these returns to the committee ? — I cannot produce any returns without permission of the Executive Government. I do not think there is any wish to withhold them. 10. Are not the late elections in the city of Toronto, and the efforts made by Mr. Sheriff Jarvis, a high salaried officer, a proof of the justness of the complaint alluded to in Lord Goderich's despatch " that public officers are enabled, by their superior influence to overpower, by a lavish and cor- rupt expenditure, those who have no other recommendation than their own personal characters V\ — I am not prepared to say. 11. Does the Governor alone, or the Governor in Council, appoint the Collectors of Customs, and Excise Officers of the Colony? — The Lieutenant Governor alone appoints these officers, generally upon the approval of the Inspector Ge- neral. 12. Did Mr. R. D. Fraser petition or apply for the Office of Collector of Customs, or on what grounds was it given him ? — I cannot say ; he was appointed long before 1 came to the province. 13. Was not Mr. Eraser a member of the Asscn.lV Lieut. Col. Row ax. S for a county when lie received the appointment of Collector of the Customs \ — I do not know. 14. Is it no part of the instructions of the Government to the collectors of customs that they shall personally attend to the performance of their duties 1 — I am not aware of what instructions are given ; they receive their instructions from the Inspector General. 15. It is stated that Mr. Ilagerman performs the duty of Solicitor General in person, — he was absent a year in Eng- land, was his salary and income the same as if he had been here, and who performed his duties 1 — Mr. Ilagerman was on leave of absence — it is not usual to suspend or discontinue the salary of a public officer under such circumstances. Mr. Draper performed the duties of the office. 16. Mr. Sheriff Jarvis returns £100 salary as part of his emoluments — is that income still continued ] — No, he has re- ceived no salary since the House ceased to provide the funds. In the case of Mr. Cameron, the salary is continued by a re- cent order of the Secretary of State. 17. Mr. William Chisholm is put down in this return as holding the office of Deputy Post Master ; has he not lately been appointed Collector of Customs at a place distant from his post office 1 — He has lately been appointed Collector of Customs at Oakville. 18. Is he not a merchant trading at that place, and im- porting goods ? — I do not know that he is a merchant. 19. Is it fit that a merchant should be his own Collector of Customs ? — I am not prepared to give an opinion on that subject. 20. When appointed Collector, was not Mr. Chisholm a known candidate for the office of member of the Provincial Parliament in conjunction with his Post Office ? — I cannot say. 21. In what manner are Justices of the Peace appointed ? — By his Excellency alone, and not with the advice of the Executive Council. I am not aware whether he takes the ad- vice of the Executive Council upon that subject. 22. Why is it that petitions of the inhabitants for the ap- pointment of Justices of the Peace, are often unanswered and neglected 1 — I cannot say. 23. What mode is adopted for the selection of Returning Officers for counties and towns ? — I cannot say. 24. As Civil Secretary to the Lieutenant Governor, do you take an oath of office 1 — No. 25. As such have you a Commission, or in what way are you recognized as a public officer, except by the charge trans- mitted for salary 1 — I am considered merely as a private con- 4 Evidence of fidential Secretary to the Lieutenant Gtarornof, I hold 00 commission as such, at the same time all communications pass through me. The appointment is notified in the Gazette. 20. Under what authority are your duties regulated? — By the order of the Lieutenant Governor. 27. When was the office of Civil and Private Secretary established ? — I do not know. 28. Are all the despatches of the Home Government duly enregistered in your office when received? — They are not re- gistered in any way — they are all kept either in the office or in the Lieutenant Governor's possession. 29. Were there not other Despatches following those of the 8th November, 1832, recommending certain changes in the Executive Council? — I am not prepared to say, I only see such despatches as His Excellency thinks fit. 30. Is all the correspondence of the Secretary for the Co- lonies, with the Lieutenant Governor, submitted to the Exe- cutive Council or only such parts of it as he may think proper? — Only such parts of it as he may think neeessaiy. 31. How would you act if required to give evidence before the House of Assembly, or to depose in an}' of the inferior Courts respecting Despatches which you had seen ? — From the confidential situation I hold, I should not feel warranted in giving any information relative to Despatches or parts of Despatches passing through my hands. 32. The House of Assembly addressed the Lieutenant Governor for full and detailed accounts of the Casual and Territorial, Canada Company's Revenue, &c. for the vears 1826, 1827, 1828, 1829, and 1830, after Sir P. Maitland sent an account, and were told by His Excellency that if he got permission from the Home Government he would furnish the accounts. Permission of the fullest nature has been long given, yet the accounts are withheld — why is this ? — I cannot possibly say why they have not been sent ; I do not think there is any wish to refuse such information, when applied for in the usual manner. 33. The House of Commons twice addressed His Majesty for a statement in detail, shewing what payments had been made in 1831 and 1832, to Bishops, Rectors, Missionaries, or other religious teachers in Upper Canada, whether of the Churches of England, Rome, Scotland, or any other denomi- nation. Why are these returns still kept back ? — They were transmitted to England on the 19th September, 1833. 34. Have the returns required by the House of Commons respecting the clergy of the different denominations of chris- tians for 1831 and 1832 been sent to England? — (See answer to last question.) Liei/t. Col. Rowan. 5 &5. We sec, in the Canada Company's returns, a pension entered! of £400 Sterling as payable to Mr. Chewett of the Surveyor General's Oifice — a pension of £400 to Colonel Talbot — a pension or allowance of £500 to the Bishop of R tgiopolis — a pension to Sir i>. \V\ Smith in England of £200 — a pen-ion to the family of General Shaw of £100 — a salary to an agent here far the service of paying these pen- sions and other sums. These payments are made from the public revenue of this colony. By whose authority are they so made ? — No pension or allowance is paid by warrant without the authority of the Secretary oi iStaic for the Colonies. 36. Do you not consider the custom of pensioning the Judges to a large amount by order of the Colonial Office, out of the Upper Canada revenue, & without reference to the Provincial Legislature, destructive of the independence of the Bench in a great measure ? — ^1 am not prepared to answer that question. 07. Is not the appointment of Public Officers and Magis- trates by an irresponsible Executive Government, destructive- in a yreat degree of the power of the people^in the constitu- tion ? — I am not prepared to answer that question. 08. How can a Bench of Judges, dependent on the Colo- nial Office for their customary retiring pensions, and indepen- dent of the House of Assembly, act impartially between the parties in cases where a collision may arise between t! e Legislative and Executive Departments in this Colony, or hsiween the British Statutes and the Provincial Laws'? — I cannot say. 39. What number of clerks and servants are emplo} 7 ed in your office, and under what authority are they so employed, and their incomes regulated? — There are three regular clerks anl two in sssengers, appointed by the Lieutenant Governor an 1 provide I for by th^ Legislature, and one extra clerk, on account of the increase of public business in my office. 40. Who made out the return to the Home Government of the Civil Expenditure for the year 18-30? — I cannot say. 41. Where are rr-blic balances in the different departments deposited, and what may be the average amount deposited,. paying no interest? — T have no means of answering that question — probably the public accountants could give the information. 42. Fs the government in the habit of authorizing the "ale of large blocks of land to individuals? — I am o dy aware of one instance in which authority was received from the Colonial itary, 41 In what office is the " Blue Book" made up? — For the last two years it has been made up in the Office of tk© Ass£M. No. 2T. ii 6 Evidence oY Secretary and Registrar of the Province,, who Ts responsible for its correctness. 44, What are your emoluments and salary ? — Salary £208 Gs. 6d. — Fees for 1834 about £600 currency. 45. In the return made by His Excellency to England, Mr. D. McDonald is returned as Treasurer of the Ottawa District — Mr. Burnham a member of the Legislative Council, and Trea- surer of the Newcastle District, is reported in His Excellency's return as having no office. Why is the fact as to Mr. Burn- ham not stated I — The return prepared for the House of Com- mons was made out from returns furnished by each member of the Legislative Council and House of Assembly — on reference to these returns it appears that Mr. McDonald stated that he was Treasurer of the Ottawa District. Mr* Burnham did not mention that he was Treasurer ot the Newcastle District. The appointment does. r*ot scst with the Executive Govern- menu 4(k la the Bine Book fbr 1830',. tlte sitfary of the civil of private Secretary is set do»wn at £18:2 10s.. and no other fee* and emoluments.. In, the account sent to. the Assembly for the. same year,, £#47 Gf fees a.ndl emoliaments ase anidied to, the £18£ 10s.. Who* compiled that book, or from what sources of information was It compiled — and am tl*e above difference be explained %• -The arcouint of fees©£" the private Secretary for one year can never be ascertained fsbrsoroe- souths after the expiration of the year, when, the returns are c^Hueted from the different issuers of marriage tfcencesv tferoughoa* tike Province ; thus the- returns, sent to the House- @£ Assettbtyc at) tbe com-, mencement of J831, could only een&jin a-n estimate* of the amount to be received for 1830.. In consequence of the bidden death of the Private Secretary in June 1831,. while the Blue Book for 1830 was in preparation under his direction,, the- amount of his fees for fihat year could not be ascertained, but the amount for 182.9 was inserted in the Beok for that year, 47. In the Biue Book tor 1830, the income of Thomas Kirkpatrick, Collector of Customs at Kingston,. is set down at £28£, and no more. In the account signed by Mr.. Kirkpat- rick himself, and sent to Lieutenant Governor Colborne to be- laid before the Assembly for that year,* his income is set down at £506, stir.: — Whence arises this difference? In the account transmitted by Mr. Kirkpatrick^ Collector of Kingston, to the Government office in 1831, he stated the amount of bis per ceotage,. fees and portion of seizures for the year 1830, at £.">62 2s. 4d. the sum stated in the journals of the Assembly is £5(>^ 0s. 6d. The mistake can only be accounted for by an error of the Clerk in copying the figurts.. * See Assembles Journals, idol. LlF.CT. CoL. RoWAW 7 48. The Blue Book, 1830, mentions £936 lis. 4d, as sa- lary anil fees of the Secretary and Registrar, Mr, Cameron — are not £2.">8 12s. of additional fees omittod 1 — The amount of the Secretary and Registrar's contingent account for 1830, viz. £258 12s. was omitted in the Blue Book for that year, probably from its being considered that that sum did not pro- perly come under the head of salary or emoluments* (See the note to the retura in the Journals -of Assembly,, for 1831%) 40- Why is it omitted to be stated in the Blue Book for 1830, that Mr. Vm, Hands, in addition to the offices of Dis- trict Judge, High Sheriff, Collector of Customs and Inspector of Tavern and Still Licenses, held tfre =©tber offices of Treas- urer of the Counties of Kent and Essex., Surrogate Judge, and Post Master of Sandwich ? — Mr. Hands has not at any time been Judge of the Western District Court, but of the Surro- gate Court, which it is presumed was inserted in the Bltne Book for 1830. The offices of Treasurer and Post Master baing appointments held under the District Magistrates and Po-t Master General and not notified to trie Executive Gor vernment are not required to be returned by the Secretary of State. 50. Why were the Sheriffs of the Niagara, Western, and Bathurst Districts, allowed to charge fees on land sales, higher than those authorised by law 1 [We refer to Mr> Attorney General Boulton's Report, Assembly's Journals, 1831, page 144, printed copy.] — It is not m my power to answer that question. 5L Who compiled the return of the Civil Establish? ment for 1830, and from what sources was it compiled 1 — The Blue Book for 18-30 was compiled by the Clerks in the Office under the direction of the late Secretary, from returns furnished by the different officers. 52. In the Blue Book, for 1830, Mr. Dunn, the Receiv- er General, is reported to the Home Government as being in the receipt of £200 and no more. His own return sent to the Assembly through your office for the same year, is upwards of £1000 ; why this difference? — It appears that in the year 1829, the amount deducted by the Receiver Genera] fp$ his per centage, was inserted in the Blue Book for that year, but in the book for 1830 the column under the head of fees was left blank. This accidental omission may have arisen, either from a second return not having been sent in by the Receiv? er General in 1831, or from a supposition that the Bill intro- duced into the House of Assembly in January, 1831, for commuting the per centage and increasing the salary of the Receiver General might make an alteration necessary in the form of the return of his income. It may be observed, with ?} Evidence of respect to this omission, that in the returns of 1F29 and 1^51, the income of the Receiver General is suited, and that about the period whoa this Blue Book for 1S30 was transmitter) a manorial was forwards to the Lords of (he Treasury hy the Lieutenant Governor from Mr. Dunn, in which all the cir- euoistauc.es relative, to the amount oi' his income and the loss of the per centage were stated. [The witness withdrew.] ELI \S MOORF, ESQ., M. P. P. for the County or IniDDLESLX, called in and examined. ■V3. Doe; not the inequality of the system of taxation of rateable property, cultivated and uncultivated, afford just grounds of complaint ori the part of the people ? — I think it affords just grounds for complaint. 51. Are the unsold lands of the Canada Company subject to taxation or road due-si — I cannot say. 55. Have not the resident settlers, by the improvements they have made, and the House of Assembly, by its liberal grants for roads and bri Iges and in aid of inland navigation', given to the public lands their greatly increased value as compared with 1792 1 — Yes. 55. Quglit not the revenue arisins from these lands to have baon applied to the liquidation of the war loss claims, instead of increasino' the public debt and duties on imports for that purpose ? — Yes, that has always been my opinion, 57. Is it just to the Baptists, Quakers, Menonists, Tunk^ arris, Independents, Seceders, and other classes of Christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and the Me- thodist ministers should, Without the sanction of the Legisla- ture, have a bounty paid for the performance of their religious duties? — No, I think not. 58. Would not the British Constitutional svstcm, by which the head of the Government is obliged to choose his council- lors and principal officers from among men po^essing the co-n- fidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of govern- ment ? — I think so. 51). Why have you formed this opinion? — Because under the present system the people have no means of checking misgovern ment. 00. Was not the refusal of the Legislative Council of this Elias mootu-, m<$. M. r. P. 9 Province to assent to the Assembly's bills, in several parlia- ments, foi appointing commissioners to meet those appointed hy Lower Canada to consider of matters of mutual importance h provinces, a proof of t|ie necessity of a change cither in the composition or constitution of tiie Upper House? — It appears to me that it was. 61. The undue preferences and exclusive privileges granted to certain religious denominations are much complained of — Would it not tend to strengthen good government if they were altogether abolished? — I feel confident it would. 62. Would not it be desirable that the Clergy and Crown Reserves, and all reservations of land otherwise than for edu- cation, were disposed off or public purposes, under the control of the Legislature] — Yes, in my opinion. 63. Would it not be better that the sale and disposal of the public lands and other public property were in all cases regu- lated by law? — Yes, 1 believe it is the general wish of the County of Middlesex* 64. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Colony, and the proceeds applied only according to law? — That would be my wish. €5. Another subject of complaint by the people, is the con- tinual stoppage of the bill for the more equal division of intes- tate estates — is the passage of that measure desired in your County 1 — Yes, it is. 66. Many complaints are made that the Judges and Clergy- men of the Churches of England and Rome hold seats in the Legislative and Executive Councils — are not such seats in- compatible with their spiritual and judicial functions ? — I think so. 67. In what manner are justices of the peace appointed in your district? — Tliey are appointed in a manner \ery unsatis- factory to the people ; many of them are men in whom we can place no confidence. 68. Do you consider the Canada Company a benefit or an injury to the Province ? — Are not the grants or sales of lands to this Company of speculators residing in Europe an impro- per transfer of the functions of the Government? — I have al- ways thought the Canada Company one of the greatest curses ever entailed upon the Province. 69. A very large sum of money collected by direct taxa- tion is annually entrusted to the Magistrates, they being irres- ponsible to the people, either directly or indirectly, would it not be more in accordance with the genius and spirit of the constitution if these monies were placed under the control oi" persons appointed by the qualified electors ? — It certainly would. 10 EviDEXcF, OF 70. What are your objections to an elective Legislative Council? — I am in favour of an elective Legislative Council, and I believe a majority of my constituents think as I do on that subject. 71. Did not Mr. Bnrwell hold the office of Deputy Post Master at Port Talbot in 1832-3 ? — I believe he has held the office ever since 182G. 72. Do you not consider the custom of pensioning the Judges to a large annual amount by orders from the Colonial Office out of the tipper Canada Revenue, and without refer- ence to the Provincial Legislature, destructive of the inde- pendence of the Bench in a great measure? — 1 do. 73. Is not the appointment of public officers and mntris- tratcs by an irresponsible Executive (government destructive in a great degree of the power of the people in the constitu* tion?— I think it is. 74. How can a Bench of Judges dependent on the Colonial office for th< ir customary retiring pensions, and independent of the House of Assembly, act impartially between the parties in cases where a collision may arise between the Legislative and Executive Departments in this Colony, or between the British Statutes and the Provincial Laws 1 — It appears to me, that they could not act independently under such circum- stances. 75. Ought not those persons who advise His Majesty in his appointment of fit persons to fill the Judicial Bench to be responsible to the country 1 — I think they should. 76. Are you of opinion that the Chief Justice or any of the Judges ought to sit in the Legislative Council ? — May not the Ju4«e be called on in his L'gislative capacity to pass opin- ions and enact measures of severity against the individual whom afterwards he may be called upon to try, as a judge, in the Courts 1 — I think none of the Judges ought to have a s eat in the Legislative Council. 77. Would not an active agent representing the wishes of the peop'e of Upper Canada in London, be likely to be. of irreat importance to the Commercial and Agricultural interests of the Colony ! — I think he would, if we could net one. 78- Is there a hope that the Legislative Council and As- sembly, as now constituted, would unite in the choice of such a person ? — Xo — I do not think they would, as now con- stituted. 79. Ar*» you of opinion that the misapplication of the public Revenue is one grand cause why hundreds of thousands of acres of wild In mis had to be sold, of late years, by Sheriff's sale, for arrears of taxes I — It is my opinion that it is. Jas. Wtttex, Esq. W. P. P. 11 80. Does not a vast annual additional expense fall on the Province owing to the continual rejection of Bills of a general character sent up by the House of Assembly rejected in the Legislative Council, and again introduced, debated and sent up by the House of Assembly ? — It does. 81. Do you think that if the magistrates of each district had been responsible to the people, instead of the executive, that the monies collected from the sale of absentees' lands, would have been more advantageously expended ? — I certainly think they would. 82. Do you think the local knowledge possessed by the Lieutenant Governors of this colony generally, sufficient to enable them to nominate independent men otherwise well qualified to the office of legislative councillors'? — I think not. 83. The vote by ballot in elections is prayed for in many petitions both to the Assembly and to Ills Majesty. What is your opinion of this mode of voting? — I think it would be more congenial to the minds of my constituents. 84. Has any inconvenience resulted in your district from the selction of voting places at elections, and what places would you recommend for your county? — There is great inconvenience felt in the present mode of holding elections — I would recommend St. Thomas' and London as the best polling places — I think it would require four days polling at each, the county is so very large. 8-5. Do you think the Lieutenant Governors, of themselves, possess a sufficient knowledge of the inhabitants of the several districts to enable them to select judicious persons as Justices lif die Peace'? — I think not, judging from past experience. (The Witness withdrew,) JAMES WILSON, Esq. M. P. P. (for Prince Ed- ward,) called in and examined. 86. Uhs any inconvenience resulted in your District frora- the selection of voting places at elections, and what placos would you recommend for your County ? — 1 trunk H would. accommodate the people of the District ot Prince Edward if the Elections in future were to be held at Hallow ell and De- ■lorestville, three days at each place. l>7. Have the monies arising from the sale of wild lauds for assessed taxes, or from payments on such assessments on these lands, been prudently expended by the Magistrates iu vonr District? — I cannot speak particularly ?s to my own District, but in the Newcastle District the proceedi frosu 12 Evinr.Nu; of wilil lands sales have been illegally applied towards the erec- tion at Amherst ef a Court House and Gaol. 88. Do you think that the Lieutenant Governors of then;- selves, possess a sufficient knowledge of the inhabitants of the several Districts to enable them to select judicious per-- sows as Justices of the Peace 1 — No, I do not. I think a system of favoritism prevails in regard to siicli appointments* I do not think His Excellency is acquainted with the charac- ter of those who are recommended to him. I think unfit men in several cases are appointed and very worthy men neg- lected. 89 Does not the inequality of the system of taxation of rateable property, cultivated or uncultivated, afford just grounds of con>pl a hit on the part of the people? — I think it does ; the industry of the country is highly taxed, while the Canada Company Preserves escape taxation. 90. Have not the resident settlers, by the improvements they have made, and the House of Assembly, by its liberal grants for Roads, Bridges, and in aid of Inland Navigation, given to the public lands their greatly increased value as com- pared with 1T02 ? — I have always thought that it was the in- dustry of the people of this country that has given value to the waste lauds of the Colony. 91. Ought not the revenue arising from these lands to have been applied to the liquidation of the War Lo:>s claims, in- stead of increasing the public debt and duties on imports for that purpose ? — I think they ought — I do not think the inha- bitants of the country, who did not provoke the war with the United States, ought to have paid the war losses out of their hard labours. 92. Are the Lands granted to the U. E. Loyalists as the re- ward of their services, of which the first Governor of this Pro- vince makes honorable mention, free from taxes and roicl dues ?— No. 9-3. Is not the natural depravity of the human disposition such, that every Government, unless its measures are subject to the controlling ordeal of public opinion, has a tendency to despotism I — I think it has. 9-h Would aof the Brmsu Constitutional system, by which the bead of the Government is obliged to choose his cotinci ami principal officers from among men : the confi- dence of the popular branch .of the Legislatui . we suit; - bie to the wants and wishes of the , if ad d in L T j - per Canada,, than tWe. present irrc >ven:- j ! — I have not the sn y.3. Why have you formed this opi of opinion lhat men ha?« : ..-»'.-. cc it* Jas. Wilson, Esq. M. I\ P. 13 jive counsel to His Excellency who were not properly acquaint- ed with the wants of the inhabitants of the country. 96. Is it just to the Baptists, Quakers, Menonists, Tunk- ards, Independents, Seceders and other classes of christians, whose spiritual Teachers receive no share of the public re- venue for their religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and the Metho- dist Ministers should, without the sanction of the Legislature, have a bounty paid for the performance of their religious duties 1 — I never liked the plan of paying Clergymen money out of the public funds. I think it an erroneous plan alto- gether and a wanton expenditure of the public money. 97. The undue preferences and exclusive privileges granted to certain religious denominations, are much complained of — would it not te to strengthen good government if they were alto ihed 1 — I think it w 7 ould — I also think t':at every good christian would support his own Clergyman. 98. What check would you propose on hasty, partial and injurious legislation in England, affecting the commerce and through it the general interests and prosperity m this Colony ? — I think we should have an Agent in England near His Majes- ty's Ministers ; and that, should measures be brought forward affecting our trade and interests, he would be enabled to re- monstrate against whatever would operate to our disadvantage. 99. Do you believe that the Legislative Council, as at present constituted, would agree with the people in the ap- pointment of such a person ] — The Legislative Council gen- erally have their eye on one class of persons, while frequently the House of Assembly have theirs on a different class. I fre- quently see a division in the House of Assembly on such subjects. One party being aristocratical in their views, while the other party are constitutional. 100. Would not it be desirable that the Clergy and Crown Reserves and all reservations of land, otherwise than for Edu- cation, were disposed of for public purposes under the con- troul of the Legislature'? — If that plan had been adopted sooner it would have been of essential service both to England and Canada. 101. Ought not the whole public revenue to be paid in the gross into the Exchequer or Treasury of the Colony and the proceeds applied only according to law ? — I think it the most proper way. The Legislature ought to husband well the re- venues, and be accountable for the same to the people. 102. What check has the House of Assembly on the other branches of the Government as a means of preventing Execu- tive usurpations of popular rights? — The only check they have is in the imposition of taxes. Assem. !So. 21. I 14 Evidence of 103. Another subject of complaint by the people is the continual stoppage of tbe Bill for the more equal division of Intestate Estates; Is the passage of that measure desired in your county 1 — It is a measure greatly desired by most of the inhabitants. 104. It is a complaint by many, that the business of Bank- ing in this Province is an injurious monopoly : what are your sentiments on this subject ? — My opinion is, that it is an inju- rious system, unsuitable entirely to the wants of the peole — it is beneficial to the few, but injurious both to the agricultural and commercial interests of the Colony. 105. Many complaints are made that the judges and cler- gymen of the Church of England and Rome hold seats in the Legislative and Executive Councils; are not such seats in- compatible with their spiritual and judicial functions! — I think they are — and I think ihe clergy would be better employed attending to their clerical duties. 105. In what manner are appointments in the Militia made in your district ? — Theie hns been a good deal of complaint ; those who served in the militia during the late war, aho sons of U. E. Loyalists, and other old respectable settlers, complain that persons were placed over them who have no claim on account of their services. 107. What are your objections to an Elective Legislative Council! — If the present system cannot be improved, I would' have no objection to its bein-z elective — but if an amendment to the present system could be effected I would stand by the present constitution. 10S. Do you consider the Canada Company a benefit or au injur}- to the Province 1 Are not the grants or sales of land to this company of speculators, residing in Europe, an- improper transfer of the functions of the Government? — I have thought the Canada Company would be an advantage to the country by bringing in a number of respectable set- tlers, but some objections have arisen in my mind respecting the way they obtained their contract for the large tracts of land from the Government. That they have had it in their power to monopolize and raise the price of the lands now in their hands to the injur}- of such as wish to settle in the coun- try, and I have understood that they hare rather infringed on the political rights of the country. 109. A very large sum of money, collected by direct tax- ation, is annually entrusted to the magistrates, they being ir- responsible to the people either directly or indirectly, would it not be more in accordance with the genius and spirit of the constitution if these monies were placed under the control of persons appointed by the qualified electors T— I tbwiJc that rf Jas. WasoH, Esq. M. P. P. 15 the people had it in their power to appoint a number of dis- creet mon, with the magistrates, to look at the district ac- counts, and direct, also with the magistrates, the expendi- ture of the same, that an improvement would he effected. 110. Do you not consider the custom of pensioning the judges to a larce annual amount, by orders from the Colonial Office, out of the Upper Canada revenue, and without refe- rence to the Provincial Legislature, destructive of the inde- pendence of the bench in a great measure'? — I do consider it to be an injurious and oppressive system. 111. How can a bench of Judges dependent on the Colo- nial Office for their customary retiring pensions, and indepen- dent of the House of Assembly, act impartially between the parties in cases where a collision may arise between the Le- gislative and Executive Departments in this Colony, or be- tween the British Statutes and the Provincial Lawsl — I think they cannot. 112. Ought not those persons who advise His Majesty in his appointments of fit persons to £11 the judicial bench to bo responsible to the country? — 1 think they ought. 113. Are you of opinion that the Chief Justice or any of the Judges ought to sit in the Legislative Council? May not the Judge be calkd on in his legislative capacity to pass opi- nions and enact measures of severity against the individual whom afterwards he may be called upon to try, as a judge, in the courts? — T think it improper that the Chief Justice or any of the Judges should sit in the Legislative Council. 114. Are you of opinion that the misappropriation of the public revenue is one grand cause why hundreds of thousands of acres of wild lands had to be sold of late years by She- riff's Sale, for arrears of taxes ? — I think there is a mis- management in our policy somewhere — I think that the na- ture of our standing in the country at present, with regard to ft depression or sale of lands, may be attributed to the nature of things at present with respect to various ways in which monies are gathered in the country ; f®r instance, the sums going into the Canada Company — to the College — to the Crown — and to the Clergy Commissioner, have all a tenden- cy to bring on a depression of business and lessen the circu- lation of money. The nature of our connexion in trade with Lower Canada and the United States, as also the system of Banking, tends to drain the country of its circulating medium. I lost 200 acres of land near this city, which went into the hands of the Hon. Wm. Dickson ; and also many persons in the country lost their lands in the same way. Ho. Does not a vast annual additional expense fall on the Province, owing to the eontinual rejection of bills of a gene- 1G Evidence of iral character sent up by the House of Assembly, rejected in the Legislative Council, and again introduced, debated, and sent up by the House of Assembly! — Undoubtedly it does. 115. When were you first a member of the Assembly of this Province ? — I was first in the House of Assembly in 1808. 116. Do you think the local knowledge possessed by Lieu- tenant Governors of this Colony fully sufficient to enable them to nominate independent men otherwise well qualified to tho office of Legislative Councillors? — I think not; they are ge- nerally recommended by other persons. I think there are in the Legislative Council a number of improper persons, parti- cularly those holding office. 117. The vote by ballot in elections is prayed for in many petitions both to the Assembly and His Majesty — what is your opinion of this mode of voting? — I think it the most indepen- dent mode of voting, and that the majority of the country would like it. 118. Are the common schools sufficiently numerous and efficient for the wants of the country ? — They are not. It is grievous and injurious to the people, the present system — the district schools have not suited the great majority of tho inhabitants. The common schools ought to be more nume- rous by one half, and ought to be better supported. 119. What is the state of the roads in your district ? It i* indifferent, but better than in some sections of tho country, owing to the nature of the soil. [The Witness withdrew J] VERY REVEREND DOCTOR Wm. J. O'GRADY, called in and examined. 120. You are now connected with the press and the pro- prietor of a paper ? — I am. 121. Do you know any law under which newspaper postage can be collected in Upper Canada, as a perquisite to a post- master? — None. 122. Are not the letter postage rates, where they exceed one shilling and three pence, currency, on a single letter, (which is the maximum for the greatest possibledistance in the United States) injurious to trade and unnecessarily burthensome on this community ? — I think so. 124. Would not the British Constitutional system by which the head of the government is obliged to choose his councillors and principal officers from among men possessing the confi- dence of the popular branch of the legislature, be more suita- Dn. W. J. O'Ckady. 17 bit* to the wants and wishes of the country, if adopted In Up- per Canada, than the present irresponsible mode of govern- n-ient ? — I think no unprejudiced man can have a doubt on that subject. Persons filling office to advantage ought always to possess the confidence of the people — and when they have it not, I think, discontent must prevail. 124. Is it just to the Baptists, Quakers, Menonists, Tun- kards, Independents, Seceders, and other classes of christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the clergy of the Kirk of Scot- land, the Catholic Bishop and clergy, and the Methodist Min- isters should, without the sanction of the legislature, have a bounty paid for the performance of their religious duties 1 — I think it unjust and impolitic. I have been always of the opi- nion that the ministers of religion should be supported only by the voluntary contributions of their respective congregations — and in my intercourse with the world, in various parts of it, in both hemispheres, I have invariably observed, that where re- ligion or its ministers were connected with the state, its func- tions were carelessly and improperly discharged, and I have further observed that such a connexion had a direct and infal- lible tendency to demoralization, it made men, in their politi- cal creed, hypocrites, but not converts to any peculiar politi- cal system ; the truth oi' this was well understood in Ireland, and hence it was that the catholic population in that couutry, in conjunction with almost the whole catholic hierarchy, have always opposed such a union, and often repudiated the proiter- cd bounty of His Majesty's government. ®125. The Committee understand that large grants of va- luable cleared lands have been made of late, to clergymen of the Church of England for glebes. Is this within your know- ledge ? — I have heard it, but I have no knowledge of it. 126. "Would not it be desirable that the clergy and crown reserves and all reservations of land, otherwise than for edu- cation were disposed of for public purposes, under the con- trol of the legislature ? — I am of opinion that all those re- serves should be made available for the public welfare, and be under the exclusive control of the legislature of the province. 127. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the colony, and the proceeds applied only according to law] — Yes. 128. What check has the House of Assembly on the other branches of the government a? a means of preventing execu- tive usurpations of popular rights ? — I do not believe it has any effectual check, nor do I believe it can have any such check as long as the revenues of the province are suffered to be man- aged and dissipated as they have been hitherto ; my opinion is 18 EVIDENCE OF tLat the popular branch of the legislature should hava the whole control of those revenues, and until it shall have be- come possessed of them, it is not the substance, but the mere shadow of a legislative body. 129. Many complaints are made that the Judges, and cler- gymen of the Churches of England and Rome hold seats in the legislative and executive councils, are not such seats incom.- patihle with their spiritual and judicial functions? — I conceive jhat they are incompatable with the discharge of their respec- tive functions. 130. You are requested to give your reasons for such a conclusion. — Amongst the many reasons that may be stated oy me, I will only mention two, which in my mind are sufficient to sustain me in the answer I have given to the last interroga- tory. In the first place it is essential, in my judgment, to the due administration of justice, that the judiciary of a country should be exempt from reproach, and even from suspicion. But I cannot conceive that they can be so exempt when they fnix themselves up in the business of the legislature, and suffer themselves to be led by private and family feelings, and often times by the equally culpable motives of political partisanship. This is notoriously the case in this province, so much so, that as far as my observations extend, the judiciary have not that public confidence in the unbiassed discharge of their func- tions, which is so necessary for officers appointed by His Ma» jesty to administer justice. As to the second part of the in* terrogatory, I think it must be quite clear to every man that ministers of religion may be more usefully engaged in the discharge of their sacred functions, but independent of this consideration, the'r previous iiabits of life., generally speaking, render them unfit for the developernent of the intricate science of legislation. I am fortified in this opinion, by the judgment o^ His Excellency the Lieutenant Governor of this province, who intimated to the Venerable Archdeacon of York, some two or three years ago, that his services could be dispensed with, in both the legislative and executive councils, and I bavo reason to believe that his judgment was influenced by rea» sons similar to those I have already stated. 131. Do you consider the Canada Company a benefit or aa injury to the province! Are not the grants or sales of land to a company of speculators residing in Europe an improper transfer of the functions of the government 1 — I think it highly improper and injurious to the best interests of the country, inasmuch as it tends to enrich a few land jobbers at the expense of the people, and inasmuch as it blocks up the country to the industrious, unless they may be willing to pay such sums of money» in purchasei as these land jobbers may think fit to demand. Dn. W. J. CTGiiady. 19 132. What are your objections to an elective Legislative Council 1 — Considering the Legislative Council in the abstract, I have no objection to its present constitution, but viewing the material of which it is as at present composed, its depend- ence on the Executive, and its insufficiency for the purpose? for which it has been constituted, I should certainly prefer the introduction of the elective principle. For the last seven years I have not been an inattentive observer of this branch of the Legislature, and I have no hesitation in pronouncing it a nuisance that ought speedily to be abated. It appeared to me that almost every popular measure originating in the elcc^ tive branch of th<- Legislature met their disapprobation, and that they were hostile to any thing like innovation on the old system of abuses, against which the country has been so long and so justly protesting. From this and many other reasons^ that may be enumerated, 1 am of opinion, that the constitu- tion of the Council should be modified. Nor can I see any modification, that, in the present circumstances of the country, will give it usefulness or effect, save by rendering it elective. Indeed notwithstanding my attachment to what is good in the institutions of the country, I am quite clear that the people are the best judges of the capabilities of the mefr thai are employed in Legislation for their bene^t, and that to them alone should be entrusted their appointment. It is impossi- ble, I should think, that a Minister four thousand miles re- moved from us, can understand the merits and capabilities of our Legislators better than we do ourselves, nor, judging: from past appointments, can we be even sure to find in the impartial representations of the Executive, to His Majesty's Government,- a sufficient security against the appointment of unfit persons to that exalted office. 133. Can you give this Committee any information with respect to any bargains made between the Colonial Govern- ment and the Canada Company t — I would rather not answer that question. 134. The Committee has a right to- the information it rr« quires. — The only knowledge I have touching any transaction or bargain of the Company with the Government is derived from private conversation I have had with the head of the Executive. I do not know that this conversation was confi- dential, but certainly it was private, and, therefore, I should deem it an especial favour if this Honorable Committee vouid hold me excused from giving the required information. ( The Witness wiikdreic.) 20 Evli> IINCE OF FRIDAY, 6th day of February, 1335. DOCTOR JOHN JOHNSON LEFFERTY, or Stam- ford, called in and examine J. 135. Has any inconvenience resulted in your District from th e selection of voting places at Elections and what places would you recommend for your County / — 1 could not answer that question at present. 136. What is the most convenient polling place in tile 3rd Riding of Lincoln ? — I cannot tell, I am opposed to Hiding Elec- tions altogether. 137. Are the Common Schools sufficiently numerous and effi- cient for the wants of the country? — No they are not. 133. Do you think the Lieutenant Governors of themselves possess a sufficient knowledge of the inhabitants of the several Districts, to enable them to select judicious persons as Justice* of the Peace? — No, I am certain they do not. 139. Does not the inequality of the system of taxation of rata- ble property, cultivated and uncultivated, afford just grounds of complaint on the part of the people ? — I think so. A man owning 200 acres of land with perhaps Gl) acres improved, will pay 7 days statute labor, while a poor laborer not worth a shilling, will be assessed 3 days. 140. Have not the resident settlers by the improvements they have made, and the House of Assembly by its liberal grants for roads, bridges, and in aid of inland navigation, given to the public lands their greatly increased value as compared with 17.92 ? — Yes. 141. Ought not the revenue arising from these lands to have been applied to the liquidation of the war loss claims, instead of increasing the public debt, and duties on imports, for that pur- purpose ? — -I think they ought. I think the government ought to have given us lands immediately after the war, to have paid off the losses. 142. Are the lands granted to the U. E. Loyalists, as the re- ward of their services, of which the first Governor of this Prov- ince makes honorable mention, free from taxation and road dues ? — They are not. 143. Would not the British constitutional system, by which the head of the government is obliged to choose his councillors and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of government ? — I think the Executive Council ought to be amenible to the House of Assem- bly, and that the Governor ought to be obliged to consult them. 144. The undue preferences and exclusive privileges granted to certain religious denominations, are much complained of; would it not tend to strengthen good government if tie/ were al- together abolished ? — Yes, I think it would. 145. Would not it be desirable that the Clergy and Crown reserves and all reservations of hind, otherwise than for education, were disposed of for public purposes, under the control of the Dn. J. John-ox LtftFERTY. 21 Legislature? — f think all ads ought to be put under the control of the legislature. 1 h>. Would it not be better that the sale and disposal of tho public lands, and other public proprty, were iti all cases regulated by law ! — Yes, I think it would* 147. Ought not the whole public revenue to be paid in the - into the exchequer or treasury of the colony, and the pro- ceed* applied only according to law • — Yes, I think so. 14*?. What cheek has the House of Assembly on the other branches of the government, as a means of preventing executive usurpations of popular rights ? — Not any — the House of Assem- bly is a mere shadow. (49. Another subject of complaint by the people is, the conti- nued stoppage of the bill for the more equal division of In- testate's Estates — is the passage of that measure desired in your county ? — Yes, every where, as far as my knowledge extends. 150. What bank notes are chiefly circulated in the riding in which you live .' — Chiefly the Agricultural Bank, they are three to one of the other Banks. 1 51 . Many complaints are made that the Judges and Clergymen of the Church of England and Rome hold seats in the Legisla- tive and Executive Councils, are not such seats incompatible with their spiritual and judicial functions ? — I think they are. 15"2. In what manner are Justices of the Peace appointed in your district ? By the Governor. 153. What are your objections to an elective Legislative Coun- cil ? — I think we would not be doing right towards the mother county, to have the election of the whole of the Legislative Council — I think two thirds of the Council ought to be elected by the freeholder-. 154. Do you not consider the custom of pensioning the Judges to a large annual amount, by orders from the Colonial Office, out of the I pper Canada Revenue, and without reference to the 1'rovineial Legislature, destructive of the independence of the Bench, in a great measure ? — 1 think it a hardship that the Home Government should have the power to send us men 50 or 60 years of age. and pension them soon after, and employ others — I think they ought to be pensioned and provided for by the Legislature alone. 155. Are you of opinion that the misappropriation of the public revenue is one grand cause why hundreds of thousands of acres of wild lands had to be sold of late years by Sheriff's sale for arrears ol taxes ? — I do not know thai this is the case. I a vast annual additional expense fall on the Pro vince, owing to the continual rejection of bills of a general cl sent up by the House of Assembly, rejected in th r lative Council, and again introduced and debated and ,ui up by -f Assembly ? — Yes, there is no doubt of it. 157. bo yon think the local knowledge possessed by the L i- t Governors of this colony fully sufficient Dei them to Dominate independent men, otherwise .. difie the. office of Legislative Councillors ? — Nu, i do not think they have ■nt knowledge. 22 Evidence of 153. The vote by ballot in elections is prayed for in many peti- tions both to the Assembly and to His Majesty, what is your opi- nion of this mode of voting? — A man that has not firmness and independence of mind to come forward and vote openly and deci- dedly, ought not to have a vote at all — but in the present stale of things in this country, I think it would be better to vote by ballot, which I think would prevent a great deal of knocking down and picking up, and would save a great deal of time in trying contest- Ad elections. (The Witness withdrew.) WILLIAM DUNLOP, ESQ., Warden of the Forests to the Canada Company, called in and examined. 159. What was the original value of a share in the Canada Company ? — £100. ISO. Was that the nominal value? — It was the amount wLich the Company had the power of oalling. The Company had an additional power of doubling the capital in case two-thirds of the subscribers agreed! to it. tCr. What sum has been paid on each share? — Tn 1824 there was £10 paid, between that and 1833 there was £7 more, and sinee that there was 10s. 162. What is the Exchange value in London? — The Stock Exchange v-alue touched £53, latest information gives 42. Tim is not in any way. connected with the operations of the Company, but is owing to the scarcity of bullion arising from the quantity- exported to the United States, and the hoarding of bullion con- sequent on the unsettled state of Europe. 163. Another subject of complaint by the people is the contin- ual stoppage of the bill for the more equal division of Intestates' Estates — is the passage of that measure desired in the country ? I do not know whether it is desired or not, but I think it woull be a bad measure if it was passed. Ft has been tried in Franc»\ v.Dder the Code Napoleon, and in Lower Canada under the Nor- man Law, and its effect always is, by frittering down farmers, to de- grade the farmer into a peasant ; and in every part of Scotland* where small holders, or, as they are there termed, i4 Bonnet Lairds,' 1 agriculture is in a most wretched condition, and they themselves in poverty and distress. 164. What are your objections to an elective Legislative Coun- cil ? Beeause I think it would do away with the power of the Crown entirely, and make us a Republic. 165. Do you not consider the custom of peniionins: theJedges to a large annual amount by orders from the Colonial Office, »*c of the Upper Canada revenue, and without reference to <-h<* Pro vincial Legislature, destructive of the independence of cbe beach in a great measure?— No, I think all public officers when tbwr aT e past work should ho liberally pensioned— and that i of the Judges a regulated sum &a «bivb they might r^ire i&cuid fe.e T;rcviJ.eJ by law, War. DuNLor, Esq. 28 (The witness is shewn the Post Office Return and asked.) 166. What mode would you recommend for the better govern- ment of the Post Office, and for allowing the control thereof to the colony? — Let the Governor appoint the Postmaster Gene- ral, & let his accounts be audited as all other public accounts are. 167. What check would you propose on hasty, partial and injurious legislation in England, eifectiug the commerce, and through it, the general interests of this colony ? — I can see of •no good way unless by having an agent in England. 163. Do you think in the present state of the Legislative Coun- cil and House of Assembly that there is the least likelihood that tr.ey would agree upon the person to be the agent ? — I cannot tell, it would be worth while trying. 168.* The Committee understand that large grants of valuable rieared lands have been made of late to clergymen of the Church of England for glebes — is this so within your knowledge? — 1 am not aware of it. 169. Would it not be -desirable that the Clergy and Crown Re- serves, and ail reservations of land, otherwise than fo'r educatioa, were disposed of for public purposes, under the control of the Legislature? — I do not think so, fori think the Legislature have shewn themselves utterly incapable of managing their own mat- ters, as witness the Weltand .and St. Lawrence Canals. I consi- der the St. Lawrence Canal not necessary in the present state of the country. I7Q. Would it not be better that the sale and disposal of the public lands and other public property were in all cases regulated by law ?~—The land I do not conceive to be public, but in the possession of the Crown, as much as Hyde Park, Windsor Park, the clergy lands are in a fair way of being alienated. 171. Ought not the whole public revenue to be paid in the -gross into the exchequer or treasury of the colony and the pro- ceeds only applied according to law ? — Certainly. 172. What check have the House of Assembly on the other branches of the government as a means of preventing executive usurpation of popular rights ? — The same that the House of Commons has — they can withhold supplies. 173. Have many law suits been entered into with the Compa- ny's settlers ? — One with Bergin for things he furnished to the * "ompany's Clerks, and another now pending with Van Egmond respecting the balance of a road account. No settler of the Company has ever been ejected from a lot. 174. Are the Common Schools sufficiently numerous and ef- ficient for the wants of the country ? — Certainly not. The sys- tem of New England of taxing all for the support of schools and compelling by law parents to send their children to school appears to me the only way to ensure education in the present i^rcu mstances of the country. 175. Are not the letter postage rates, where they sxcp.ed one 5-VHmg and three pence currency on a single .letter, (which is the maximum for the greatest possible distance in the Unit?*! Sftates) injurious to trade and unnecessarily by*theflso*oc on th« •jmiDunitv ? — I think so. 24 Evidence or 1?<). Have not the resilient settlers, by the improvements they Irave made, and the House of Assembly by its liberal grants for roads and bridges and inland navigation, given to the public lands their greatly increased \alue, as compared with 1792 ? — Certainly. 1??. Ought r.ot the revenue arising from these lands to have been applied to the liquidation of the war loss claims, instead of increasing the public debt, and duties on imports lor that pur- pose ? — To the best of my belie'" the Canada Company was formed for the express purpose of paying the War Los 178. I> it just to the Baptists, Quakers, Afenonists, Tunkers, Independents. Secede: ,. and other classes of christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and clergy, and that the Methodist Ministers should, without tbe sanction of the Legislature, have a bounty paid lor the performance of their religious duties? — I think it would be well if these payments were exteuded to all or to none — 1 was always of opinion that they would be better employed in educating the youth of the province. 1/9. The undue references and exclusive privileges granted to certain religious denominations are much complained of. Would it not strengthen good government if they were altogether abolished J — I think so — I have always been of that opinion. 180. "Would not the British Constitutional system, by which, the head of the government is obliged to choose iiis councillors and principal officers from among men possessing the confidence of the popular branch of the legislature, be more suitable to the ^vants and wishes ot' the country, if adopted in Upper Canada, than the present irresponsible mode of government ? — It would be more suitable to common sense, because it is an anomaly in legislation that a ministry should exist which neither the King nor the people can remove. 1SL. What are the prices at which the Company is now selling lands in the Huron Tract/ — From 8s 9d to 15s. 182. Are the Company's wild lands subject to taxation, like other wild lands • — Yes. in the Huron Tract they are — the mo- ment land is surveyed in that tract it is ours we having paid for it ; in the Crown Reserves it is otherwise, because, by the second agreement we obtained a pre-emption of the Crown Keserves, so that until we apply for them they belong to the Crown, 183. So that the effect of the bargain is, that these reserves stand in blocks and lots in the midst of the settled lauds of the province, without being taxed in any way ? Yes, had the first agreement stood it would have been ruinous to us : we would have had taxes to pay on two millions of acres. The moment a letter ol licence passes from the Company to the settler the land is subject to taxation. The taxation to which the Company were subject on unsold lands in the Huron Tract amounted to about £1,800. That part of the Huron Tract, unsurveyed, pays no taxes. 184. What is the average price paid the Company for reserves in the unsettled townshij s ! — The first year it was about 9s and the last about Us 6d. Wm. Dilnlop, Esq. 25 1 >. Do you sell to settlors chiefly for ready money or on cre- dit, mil if on credit is it with or without interest'.' — All on credit with interest. Occasionally a lot is sold for ready money — five years in six instalments is the general time allowed. 186. How has the increase of value on the stock been niiected ? — From the great increase of emigration, and the money .'.»ro light into the country by emigrants, much more extensive sales have been made than were during the first three years. Money being more plentiful wlso has rendered the second pay- ments on instalments more regular, and seeing a business steadily .going on has inspired the shareholders with confidence. 187. What number of shareholders are there ? — I do not know. 188. Where do they chiefly reside? — In London and the neigh- bourhood; I should think some in Scotland. 189. Will not this monopoly eventually draw several millions sterling out of the province without conferring on the settled po- pulation any adequate advantage ? — 1 think that laying out £165,- -000 sterling will amply compensate the province for any sums that may be drawn from it. 190. What amount has been paid in of stock by the sharehold- ers?— Say from £160,000 to £170,000 sterling, a very small part -of which has been expended at home. 191. Could you produce to this Committee any detailed state- ments shewing the expenditure in this colony? — We have no printed copies in the office here shewing the expenditure — they are annually published in England. 192. Does the Company's charter confer banking powers? — I think so — but Serjeant Spankie and Sir John Campbell think not ; it was decidedly intended that it should. 193. Are you aware of any loans having been made by the "Company to the Colonial Government for improvements ? — There never has; Serjeant Spankie and Sir John Campbell are of opi- nion that we have not the power to make such loans. 194. What sum has been allowed in the present agreement ■between the Government and the Company to be deducted from the purchase money, and expended in improving the lands ? — Nearly £48,000 currency, to be expended in the Huron Tract, on ltoads and Bridges, Harbours, &c. 195. How much of this allowance has been expended ? — £26,- 000, within a fraction. 296. Have detailed statements of this expenditure with the vouchers been laid before the government here ? — All but I think about £3,001) of the lasc summer's expenditure, which is now making up. 197. Who judges of the fact of the expenditure ? — The gov- ernor alone — he appoints persons to inspect the works. The Company are to get no part of those townships unsurveyed prior to March 1834. 198. What price per acre was paid for the Huron Tract? — That I cannot tell, but 1 think it was about 2s 6d per acre. The bargains of the Company are, 1 believe, on the journals of the House, or among its papers. 199. What is the number of shares ? — Originally one thou- *26 E VIDE ML OF sand. In 1826 there was a panic in the money market — during fh* mania that preceded that panic, the shares, though nothing had been done, though the charter had not been obtained, and though little was known in London about the prospects of the Company, arose to £37 premium ; when the panic commenced in 1826, the credit of Joint Stock Companies fell, and that of the Canada Company with them; shareholders to the amount of £10,000 «>r 1,000 shares took advantage of a new arrangement that had fceeu entered into with His Majesty's Government, by which the Huron-Tract was given in lieu of the Clergy Reserves, and with- drew from the association, receiving the full amount of the mo- ney they had paid without the last term ef interest, so that the i> umber of shares held now is over 9,000. 200. Have the persons who have shares is that Company re- ceived dividends on the instalments paid in? — They have nomin- ally received 4 per cent, interest, though in reality it can only be railed a paying back of past of the principal, seeing, that during the whole period the Company have keen-drawing for instalment* ■wherewith to pay the interest. (The Witness withdrew.) Coxonei A. G. W. G. VAN EGMOND, Ross, llullet 7>. Muron Tract, called in arid examined. 201. What price did the Canada Company pay for the Huron "firact? — About two shillings and tenpence half-penny per acre, sixteen years credit, without interest, and £48,000 sterling, allowed off to- improve their own land, which I believe would be equal to a-bout one shilling sterling per acre. "202. What are they selling the lands for ? — From 12s. 6d. to 13s. 9d. per acre. 203. What is the extent of the tract? — They got one miftion iwo hundred thousand acres, from which one hundred thousand were deducted for a swamp. 204. How Ions have you been settled in the Huron Tract? Six years this Christmas. I am the oldest settler in that tract. 205. Have the company taken proper means to encourage and promote the settlement "of the tract ? — For the first year, in God*- sich alone ; since then tbey have taken no pai>sto assist thescttleie. Last year, there was a steamboat employed to bring settlers from Detroit to Goderich. Instead of attending to that they went se- ^ra'l times on pleasure trips up Lake Huron, once for three weeks frso at a time. By that trip the settlement lost GO Scotch fami- nes. From the best information I can obtain, we lost from 250 »0 300 families, who chiefly settler! in Michigan, and the other stales, because the Company neglected them. 206. Are the Agents to the Company kind to the aetflpra.l — Bfo — thev are, with thf exception r>f Mr. Wilson, verv arbitrary ; ehey are rcr\ tvranni* tj'iet.. 1 speak of thi its residing uu the (\)[.. Van KiiMosn, 2?7 207. What magistrates am! Court of Request CommtMiotiora h«veyou? — Charles Prior, Jno. Brewster, and Captain Duulop. They do just what they please. There are nineteen Townships iu the iluroa Tract, and only these three Magistrates. 208. Have the Company made any road in the tract 1 — Yes, nne frora Wilmot to Goderich, and one from Vandersburg tb London village. These roads extend upwards of ninety miles and will eost about £17,000, which is allowed them out of thw purchase money. The Company have also laid out about £5000 fox Grist and Saw Mills. 309. Have any settlers been ejected from their farms ? — Yes, they are scared out of the tract and ejected without any form ef law or justice. Many persons have been driven out of the Territory, there is no other law there except what the Company's servants stake. We must be very polite to the Agents. 210. Are the Company empowered to impose on settlers aucfe terms a 1 they please? — Yes, they are. 211. Is there any difficulty in getting titles or letters of occu- pation ? — They have sometimes to wait a little, but they get them Public laads sell in the United States at 6s. 3d. per acre, and are likely to be brought down to 3s. 9d. 212. Do the Company take large sums out of the country 1— Their profits in 1833, were £28,000, sterling, after paying ail ex- penses — the Stockholders chieiiy reside in England. 213. Do the European working settlers express themselves satisfied ? — Dissatisfied in the highest degree, from whatever quarter they come. 214. Are there any Schools? — One in Goderich. The Com- pa.>iv do not now support any other school that I know of. 215. Is money plenty ? — Perhaps as much so as in any other place. Vr. Tayler keeps a private Bank, and issues notes from otti ilotlar lo a pound — they circulate among us. 216. In case Huron should be formed into a county wher-s would be the best polling places? — One at Goderich, and one ai the place where the big Thames River crosses the Huron Read, about thirty-three miles from Goderich. 217. Where do the magistrates lay out the monies they receiva for wild land taxes? — I do not know. 218. What is the established religion m your Tract ?~~ There are do. ministers of religion of any kind iu the Tract, nor is there any militia. 219. Whut is the population of the Tract or country ?-~ Report says 2,000. 22 J. How do the Company pay for the work they get done? — ■ F'.t the first five years they paid two-thirds of the labor in land, at 7s Sd. (which cost (hem not much more than one skilling an a«ire] and one-third iu money. [The [fitness withdrew] 28 Evidence of SATURDAY, February 7 th, I The Vert Rev. Dr. W. J. OGRADY, again called in and examined. 221. The Committee informed the witness that as the conver- sation alluded to by him, on his previous examination, was not confidential, nor relating to private and personal affairs, they were desirous to obtain Information as to the agreement with the- Canada Company. The only knowledge I have, regarding any transaction or bar- gain between the Executive of this Province, and the Canada Company, arises from the conversation alluded to in my previ- ous answer, which I had had with His Excellency the Lieutenant Governor some three or four years ago. He stated tome that the Company threatened the resignation of their charter in con- sequence of the continuation of the sales of the Crown andt Clergy Reserves in this Province. He further said that the- Commissioners complained, that the Companv sustained a serious- injury from these sales, and that something should be done to stop their mouths. He then spoke to me regarding the Huron Tract and said that he was thinking of having it conveyedu-them I took the- liberty of suggesting to His Excellency that it would be better for the interests of the country to accept the proffered resignation; he immediately replied, what in that case would we do for money ? How, for instance, would we pay the different Churches ? I un- derstood them to mean by this, the Churches receiving pensions by order of His Majesty's Government. These Lands, or this. Huron Tract, was shortly after conveyed to the Company. This is the substance of the conversation that passed between the Governor and me on that occasion. 222. Are you aware whether the grants by the Colonial Of- fice to the Catholic clergy out of the Revenues of this Province, have been applied to the purposes for which the Government in- tended them ? — I know they have not. 223. Have you any proofs of a misapplication ? — The monies passed through my hands, as Vicar General of the Diocese, for several years, and it came within my knowledge that they have been misapplied. Its misapplication was frequently complained of by the Clergy and the laity. It was complained of in the first instance. I believe, some five or six years ago. by the ReverencT Angus 3I*Donell, the Bishop's nephew, and the Rev. William Eraser, two officiating Clergymen of this Diocese, in a petition, to His Excellency Sir John Colborne, and subsequently in a petition from the Rev. William Eraser to His Majesty's Secretary of State for the Colonies, which was left in the Government ofiice for the purpose of being transmitted. When those Peti- tions were laid before His Excellency he sent for me to inquire my opinion of the course it would be most prudent for him to pursue in such circumstances. I humbly suggested that copies should be furthwith furnished to Bishop M 'Done II, with a view to obtain from him such detailed information regarding His Ma- s appropriation as would enable him to come to a just cieci- Du.W. J. U'Ghadv. 29 lion complained <>t*. His Excellency did so, and shortly after the Bishop arrived in this town, and directed me to use my influence with .Mr. Secretary Mudge li have the whole affair q lashed. He said that he was not prepnred to go into such an ion, and desired me to make overtures to Mr. Eraser, to induce him not to press it. Others of the Clergy, namely, the Rev. Messrs. Culler!, Gordon, Dempsey, and C: 1 I e fre- quent c mplaints to me in my official character of Vicar General, of the mal-appropriation of this fund on the part of the Bishop. The Rev. Mr. Cullen stated that he was obliged, against hi sciencp, to give the Bishop receipts for money he never paid representing himself to be a schoolmaster, though he never had been such ; and further said that his conscience was so tortured on this subject, that he. on one occasion, walked from Glengarry to Montreal, to consult Rev. Mr. Roque, of Montreal, whether he could, under any circumstances, continue to grant the Bishop such receipts in future. A commission was appointed by the parishioners of this city, some three or four years ago, to en- quire into th "s appropriation, together with other matters of Ec- clesiastical polity. The Report of the commissioners is in my possession, and it appears there, from the evidence of the clergv- men already named, that gross peculation has beeu committed on this fund. The Commissioners made a representation of this to His Excellency the Lieutenant Governor in January. 1829, but to no purpose. A subsequent representation was made to him, but inquiry was denied, and it was strangely assumed, in contra- diction of the most positive testimony, that the Bishop had appli- ed the whole according to His Majesty's benevolent intentions. — I then found it necessary to put myself in communication with His Mnjesty's Local Government, and with the Colonial Secre- tary, in Downing Street, on this subject ; and though J stated that the monies passed through my hands, and that one fourth of the whole was usually reserved far School Misters, and that out of the residue large sums were occasionally paid, (on one occasion .£212 10) to the Bishop's order, which was never accounted for, and that to my certain knowledge the Bishop was iu the habit of applying portions of these monies to his own private purposes, and that upon one occasion I paid to him, therefrom, by a check on the bank of Upper Canada, the sum of £40. to pay his expenses to Sandwich, in the Western District; and other sums at various times, yet it was assumed against this proffered evidence, that the Bishop acted with the strictest integrity and propriety. I am in the positiou to prove, unequivocally, before any tribunal, that His Majesty's bounty, in this regard, has been most shamefully abused, and the Clergy already named by me, if called upon, can prove it, though, perhaps, not to the same extent. Not only did the Bishop misapply the monies, but he even went so far as to direct me to give 2^ per cent, to the Lieutenant Governor's private Secretary for the simple performance of the official duty of his office as such Secretary. The correspondence I here of- fer in evidence. (The witness here gave in the following papers: — A Letter to Witness from Bishop M'Donell, and a note from Mr. Mudge.) Assem. No. 21. K SO Evidence of Kingston, 8/7t June, 1829. Rev. and very dear Sir, In the same envelop with this I send you ft power of Attorney for Mr. Mudge to enable him (to enable him) to draw the salary of the Catholic Clergy-men and schoolmasters of this Province, from Government. I authorise you to leave 2£ per cent of the money in the hands of Mr. Mudge as a small acknowledgment for the trouble and any expense that may attend the procuring of the warrant and drawing of the money. When drawn he will hand it to you for distribution, and you will be so good as to write to the different individuals to inform them that you have the money, what sum each is to receive, and how they are to draw for it. I have been told that Mr. Fraser may prosecute me for the forty pounds I paid to you at York, because it would appear that he is in possession of a letter of mine authorising him to draw upon Mr. Baby to that amount, and he has been telling to others although not to myself that he will compel me to pay those forty pounds. To save myself therefore from farther trouble from my friend on this score you must pay him the share that was put down for him in the distribution of the current half-year j£35 in lieu of what was ordered to him in the preceding half-year, and it will be necessary to obtain his acknowledgment to that effect. Query. I shall write to Mr. Campion if you approve of it and order him to put himself under your directions for some time till his health be re-established. I think he might be of great service to you in carrying your plans into execution, and in paying occasional visits to the rear Townships attached to the Mission of York. Mr. Angus has taken his departure for Bytown but Mr. Fraser is still here. I feel anxious for the appearance of the pastoral letter which I have been expecting by every steam-boat for a week past. Also for the Theological Book, you were so kind to promise to lend to Mr. Chisholm and the Concordance to me. Please to give any parcel or letters you may have for me to the Clerk of the Niagara steam-boat or to the Captain himself and they shall be s.ifely conveyed to me. I beg you will be so good as to present my kind res- pects to Colonel Baldwin, to Mrs. and Mr. O'Grady, and my warm regard to the dear little fellows. 1 remain with great esteem and sincere regard, Rev. and dear Sir, Your faithful servant and fellow-labourer in the Lord's Vineyard, ALEXANDER MACDONELL, Er. Regiop. P. S. — What progress do you make in your Catechistical Society? Have you got out the Patent Deed for the School Ground ? If you do not make your Rev. Brethren pay for their postatge and your own trouble, it will be your own fault? To Rev. Wm. J. O'Gradv, ) M.Ap. York. * < Dr. W. J. OGradv. 31 Wednesday, 17th June. Dear Sir, I have the honor to acknowledge the receipt of a. letter from Bishop M'Donell which you were good enough to for- ward to me, and in which it appears arrangements had been made that 1 should receive the money paid to the Roman Catholic Clergy in this P rovince, and transfer it to you ; but as it would be incompatible with the duties of my office to become in any way a private agent, I have written to the Bishop by this post to inform him of this, and I have returned the power of Attorney which his Lordship enclosed to me. I have the honor to be, Dear Sir, Your obedient and faithful servant, Z. MUDGE. The Rev. Wm. J. O'Grady. 224. What allowance was made in 1827 to Wm. P. M'Donald as a Catholic Priest ? — There was no uniform allowance to any Clergyman — all depended upon the caprice of the Bishop. (The witness gave in the following receipts from the present Vicar General.) Parish of St. Andrews, County of Stormont, 20th October, 1827. £78 15 Received from the Right R ev. Alexander M'Dcnell seventy- eitj^t pounds fifteen shillings currency, being my salary as a Roman Catholic Priest from September, 1826, to June, 1827, in witness whereof I have hereunto set my hand this twentieth day of Octo- ber eighteen hundred and twenty-seven. JOHN M'DONALD, Priest. Glengarry, November 15th, 1828. Received, of this date, from the Hon. James Baby thirty-six pounds eight shillings and six pence sterling, as my half-yearly share of the Government allowance to Catholic Clergymen and Schoolmasters. Wm. P. M'DONALD. St. Raphael, Glengarry Upper Canada, Dec. 22, 1827. Received from the Right Reverend Alexander M'Donell, eighty pounds currency, being my salary from September eighteen hun- dred and twenty-six, to the thirteenth of June, eighteen hundred and twenty seven. Wm. P. M'DONALD. St. Raphael, Glengarry, Upper Canada, Dec. 31, 1827. Received from the Honorable James Baby, the sum of forty pounds sterling, being rny half yearly salary as a Catholic Priest, from the thirtieth of June to the thirtieth of December, one thou- sand eight hundred and twenty seven. Wm. P. M'DONALD. Evidence of 225. Referring to your former answer respecting an Establish- ed Church, have you any proof that the Bishop exercised a poli- tical influence over his Clergy in conjunction with the Governor of this Colony 1 — lie got up a petition against Mr. Mackenzie, attended a public meeting in Mrs. Jordan's Inn, and harangued the people ; and by the most inexcusable misrepresentations, ob- tained signatures to said petition inducing the signers to be- lieve, from Altars dedicated to the service of Religion, that the document to which he invited them to affix their names was in- tended solely for the advancement of the Catholic Church. {Shortly after, he left here for Peuetanguishcne, accompanied by the Rev. Messrs. Gordon and Crevier ; and Mr. Gordon told me that he stopped on his way, to perform Divine Service in the Catholic Church of the Township of Toronto, and that he did on that solemn occasion, instead of preaching the morality of the Gospel, inveigh in the most violent and unbecoming manner against William Lyon Mackenzie. He went from that to Adja- la, where he parted from the Rev. Mr. Gordon, having given him previous instructions to obtain signatures in the best manner lie could to a blank paper, which he left him for that purpose. The Rev. Mr. Gordon told me that he was shocked and scandalized at the manner in which this political crusade was conducted. I my- self have frequently heard the Bishop preach, before, and after the event here alluded to, and his sermons, invariably, as far as I have been able to judge of them, presented a strange and incohe- rent medley of politics and Christianity. The following letter from the Bishopaffords the best evidence. (The Letter respecting Mr. Crevier and the Yankee Metho- dists was given in.) St. Raphael, County of Glengarry, ) January 23id, 1831. s Very Rev. and Dear Sir, We have b°gun and we must finish with the Rev. Mr. Crevier, Letters from tiie Messrs. Baby and from Sister St. Patrick, of which I send herewith copies, were brought hero by the last post but one. Those letters prove the imperious necessity of removing Mr. Crevier from the parish of L'Assumption without further delay, and although it be with very great reluctance that I could think of giving you the fatigue and trouble of executing so disagreeahie a commission, I find I have no alternative but to in- trude once more on your good nature, and obliging disposition, by requesting that you would take a second journey to Sandwich and put the finishing hand to the work you have already begun in that parish. You will receive along with this full and ample powers from me to deal with the Rev. Mr. Crevier as circumstances may require, either to remove him to another mission, and the one that would suit him best is that of Penetanguishine, because the greater part of his 'hearers there would be Indians ; or withdraw his faculties, or if necessary suspend him at once. Should any part of his pa- rishioners b? seduced by him to resist your authority, and ferment fch« spirit of dUcorl and dissension in the congregation, those Dr. W. J. OGhady. 53 must be dealt with a? rebellious and schismatic; nnd even if the whole or a majority of them prove refractory, quod Deus avertat, we would rather you to put the parish under interdict and lock the door of the Church than allow the Divine authority invested in us to be thus djspised and trampled upon. The ho'y days being now past, I trus f . yo-i will find it practicable to take a second jaunt to Sandwich, as soon as possible after the receipt of this letter, and as you are not accustomed to speak or preach in the French language, I empower you to take Mr. Cullen along with you in ord:r to announce from the pulpit your orders and instructions to the Catholics of Sandwich. After d smissing Mr. Crevier you will leave Mr. Cu'len in his place until I get that parish supplied with another Clergyman. 1 have no doubt that you will find the Messrs. Baby and the well disposed part of the congregation ready to s -cond your lauda- ble efforts to bring the confused and mismanaged affairs of that pa- rish into order and regularity, and to put the infant establishment of the female school in a train to continue its progress towards completion. I would wish you to wait upon His Excellency and to submit to him my intentions and orders in reference to Mr. Crevier — for it has been always a principle of mine from which I would not wish to deviate on this occasion, whenever I found it necessary to resort to an extraordinary exercise of my spiritual authority to do so with the approbation and consent of the temporal power. From the uniform kindness and condescension which we have received from lis present Excellency Sir John Colborne, I should hope that he would have the goodness of furnishing you with such recommend- ation as would procure you sufficient support from the Civil autho- rity of the Western District, on the event of your finding any in- surmountable difficulties on the part of Mr. Crevier, or his party, in the execution of our orders. J should, however, be extremely sorry to resort to the civil power, except in case of absolute neces- sity, at the same time I should not be very backward in givino- a b;wd hint to Mr. Crevier that I was in possession of such a povvvr and should not hesitate to make use of it in case of necessity. I would advise you to take the Hon. Mr. Baby with you, when you wait upon His Excellency on the business above-mentioned as he is better acquainted than you or I with the characters and matters to be overhauled in Sandwich. From what has already come to the knowledge of His Excellency respecting Mr. Crevier's electioneering transactions, I should trust he would have the less objection that he should be removed from Sandwich, if neces- sary, and placed in a situation more suitable to his peculiar talents and qualifications, being tolerably well versnl in the Indian lan- guage, and a thorough-bred voyag?ur, he would be admirably quali- fied to match the Yankee Methodists, and rescue the poor Indians of Penetanguishine and Lake Simcoe from the fangs of these reptiles. I remain, with much esteem and regard, Very Rev. and Dear Sir, Yours, affectionately, A. REG10POLI3. 34 Evidence of 226. Have you any other evidence to shew the committee that a baneful influence exists in this Colony injurious to its welfare and prosperity ? — I think that the existence of a baneful influence to a great extent cannot be denied by any person acquainted with the circumstances of the Province — It is notorious that all offices of honour and emolument in every department of the Government are monopolized for the most part by some three or four private famalies and their adherents, to the exclusion of superior talents and integrity, and it is equally notorious that even the meanest office in the patronage of the Executive is only conferred on per- sons of a particular political bias, and that the country, in conse- quence thereof sustains serious Injury, and that its affections are alienated in a great degree from the local administration. As a corroboration of what I here assert, I give in evidence the follow- ing letters from a member of the Legislative Council. [The witness delivered in evidence the following letters from the Right Reverend the Bishop of the Roman Catholic Church.] {The witness withdrew.) St. Raphael's, Glengariy, ) 30lh Nov. 1830. ] Very Rev. and dear Sir, Your favor of the 29th September from Sandwich, and your interesting and valuable communication of the 20th Octo- ber from York, are both before me. A very severe cold which con- fined me to my room for several weeks, prevented me from replying to them till now. I shall take them in the order of their dates : Mr. Fluet's conduct in deserting- his post at Amhertsburgh, without the sanction or even the knowledge of his superiors both surprises and disappoints me very much : it is so contrary to the general tenor of his conduct since I have known him. — On reflection, and coupling this transaction with the circumstance of his going through Sand- wich without waiting on you, I suspect that he imbibed no favorable impressions from his host and confrere at Niagara, which makes me sincerely regret that he had been left exposed to the seduction of a character whom I now begin to think of a more designing and dan- gerous description than I was aware of at one time. I shall write to Mr.Fluet to hold himself in readiness to return to Amhcrstburgh, how toon His Excellency will have the goodness to restore his salary to him, and I request you will use your utmost ex< rtion and influence with His Excellency to have that done as soon as possible. Do not fail to acquaint Mr. Fluet the moment you succeed with His Excel- lency. The names I wish to be inserted in the Deed of Trust, for the glebe land in York, are my own name and that of my successor in office, and those of the Parish Priests of York, and of Kingston for the tune being, and of the Honorable James Babv, and of Alexander McDonell of York, Esq. I have been greatly disappointed at not having the honor of re- ceiving His Excellency under my humble roof here as I had been given to expect. It was too late in the season when he arrived in Dk. W.J. 0'Grady. f>5 Kingston, and he told Mr. Wm. McD. that he could not venture this length, but that he would write me soon. Thus have I been deprived of the opportunity of talking to His Excellency on the various subjects you were so kind to suggest. I beg, however, you will thank His Excellency for his great condescension in mention- ing his reasons for not appointing the persons I recommended to him at Kingston for Commissions of the Peace. His Excellency must have come to a determination of withholding their appoint- ments from those persons in consequence of private information received of their character. There are secret foldings in the ma- gistracy of Kingston, which I could develope if necessary ; for the present suffice it to say, that there is a knot or junta of Magistrates in Kingston, as exclusive and hostile to Catholics as any corpora- tion in Ireland, who will never admit a Catholic into their body if they can, more especially an Irish Catholic — and of all the men on earth Mr. Walter McCuniff, for very substantial reasons which I could mention to you viva voce, but would not choose to commit to paper. You may present my humble respects to His Excellency, and say, that being personally acquainted with the major part of the Magistrates of Upper Canada, I do not hesitate to assert that one half of them, not to say more, are not better qualified to dis- charge the duties of Justices of the Peace than every one of those I recommended in Kingston, and you may add, that it is my full conviction that until a certain proportion of Catholics get into the Commission of the Peace there will never be peace and security in the province. Mr. Campion called here on his route to his native country ; I understand from him that he was to visit Montreal and Quebec. He wrote me previous to his departure from Niagara, that it was his intention to spend some time in England, and perhaps in France, and pressed me hard to send him an order on you for his quota, which I did on the terms we agreed on at Niagara, viz : that he should previously place the money he collected for building a Church at Niagara, in the hands of Mr. Cullen or the Elders, and this was a conditio sine quanon. When here, 1 told him he might as well leave his quota in lieu of the collection being nearly of equal amount. How he managed I do not know, but if I understand Mr. Micon rignt, he did not seem to act in Montreal to his satis- faction. Your proceedings in Sandwich demand my most grateful and sin- cere thanks. On that subject 1 have much to communicate to you which will supply ample subject for more letters than one ; the task we have undertaken is an arduous one, but we must go through with it ; the able manner you began the work gives me great hopes that you will bring it to prosperous issue. Believe me to be with high esteem and regard, Most sincerely yours, f ALEX. MACDONELL, Ep. R. Glengarry, 1st December, 1830. Very Rev. and dear Sir, Along with this you will receive a copy of my man- date to the Rev. Mr. Crevier, and to J. Bap't Baby, Esq. approving 36 Evidence of of the resolutions entered into at the meeting held in your presence at Sandwich, of the Curate and Church Wardens of that Parish, on the 3d of October last, confirming the appointment of the Commit- tee nominated on that occasion, and ordering them to proceed im- mediately to the discharge of their duty. If you think proper to forward it to Mr. Crevier to convince him that 1 entirely approve of what you have done, aud thai you continue to act under my autho- rity I shall be well pleased. A copy of it has boon forwarJed to Mr. Crevier and another to Mr. Bap't Baby. A petition signed by a few of the Church Wardens and a num- ber of the Parishioners of Sandwich, praying to overturn what had been done at the meeting of the 3rd October last, befo.e you, and proposing another plan of their own, has been sent mo. On the perusal of this petition, the first idea Unit occurred to me was to re- turn an angry answer to it, but upon refl jction I thought it better to treat it with the contempt it deserved, aud to send no answer at all ; My approval of the former meeting, and my orders to carry the resolution of it into execution being in my own opinion a sufficient answer. Mr. Crevier's conduct towards the religious women at Sandwich has been every thing but what it ought to be, or might be expected from his clerical character and situation as the pattor of a flock. If you get out a patent deed of the lands grant- ed by the Huron Indians for the use of the Parish of Sandwich, in trust to the Bishop of the D:ocese and his successors in office, and to the Parish Priest of York, for the time being, and to Francis and Bap't Baby, Esqrs., that ground may easily be cleared then of carpenters and blacksmiths shops, and every other nuisance that can prevent the premises from the use for which the donors intend- ed them. It is indeed a matter of no small surprise that the busi- ness has been so long neglected, considering that there have been an Executive Councillor and a member of the Provincial Assembly both catholics, and both natives of Sandwich ; but a still greater mattei of surprise and chagrin is that the lot given by the late Bishop Burke for the use of the York Mission should, for the saving of a few dollars, be sold for the taxes, when our friend the Honor- able James Baby, our friend Alexander Macdonel Cullechie, our friend Mr. Bergin. and your friend Peter Macdougall, were on the epot. The speculative genious of the two last is too much upon the alert to allow such a chance as that to pass without their know- ledge. Ever since 1 have come to Upper Canada I have invaria- bly observed, that one Presbyterian or one Methodist would give himself more trouble to promote the interest of his religion than 500 Catholics ; I am the more confirmed in the truth of this asser- tion, by the procrastinations and repeated suspensions of the deci- sion of the Council respecting the grant of the lot at the mouth of the River Trent. Had proper energy been applied at first the mat- ter might have been decided at once, but by delaying it, additional obstacles and d.fficulties have been daily conjured up. The Eng- lish clergyman of Bellvillehas held meetings and conferences with the Church of England clergyman of ihe Carrying Place, &c. Those charitable and disinterested members of the Established Church, not satisfied with one seventh of the whole lands of the Province, must draw up a petition to their Bishop? now at Dr. W. J. O'Gkadv. Sf Head Quarters to prevent the Catholics from obtaining a grant of this solitary lot at the mouth of the River Trent and His Lordship has assured those clergymen that there was not the least chance of our obtaining the Lot. — Hence all the changes and yacilating in the Council, and the important discoveries of its being one day a Church Lot, and another a site for a Town. Since the death of General Brock till the arrival of his present Excellency I had invariably found on incessant secret influence undermining and counteracting my efforts and exertions to contri- bute moril and religious instructions to His Majesty's Catholic sub- jects of Upper Canada. After receiving the Prince Regent's thanks for my own conduct in defence of the Province during the late war ; the Colonial Minister Earl Bithurst encreased my own salary, an d sent orders to the Executive Government of the Province to pay so much annually to a certain number of Catholic Clergymen and Teachers that I .vas to recommend ; but notwithstanding that those individuals had entered upon the discharge of their duty by my direc- tions, and that I produced the positive orders of Earl Bathurst that they should receive their salaries; yet Dr. Strachan and Justice Powell who under the nominal administration of Colonel Smith, Mr. Gore, and Sir Peregrine Maitland actually governed the Province till they quarrelled among themselves resisted the payment of those salaries in defiance of His Lordship's orders for seven years, and obliged me to take two journeys to Europe at no small trouble and expense. The liberality and manly vigor of Sir John Colborne's mind has kept our enemies at bny since the commencement of his prosperous administration, but bis great kindness to us is a sufficient cause for stirring the envy and the malice of tliose who would wish to keep us for ever in the back ground, and I am sure their secret machina- tions are in active operation in other matters. as well as in depriving us of the 'and? at the mouth of the Trent, and I am very certain that if you are not upon the alert and do not proceed with both vigour and prudence our Ppnetanguishine Mission will fall to the ground; and the aliowance made to the Missionary or Teacher of the Huron Indians at Afniierstburgh will be lost. I however still depend much on your active zeal, and the good intention and justice of Sir John. I have no words to express my indignation at the disgraceful con- duct of the two Missionaries of the Western District towards Fran- cis Baby, Esq. the most independent, the most upright, and I verily believe the most honest member that ever sat in the Provincial As- sembly of Upper Canada since its first formatior, and a Catholic ; to oppose such a man, and lend their baneful influence to support a deep designing enemy of their Holy Religion and of every sincere professor of it ! i ! Such conduct appears to me not only nvsclticv- Ous, malicious, and disgraceful but down-right madness, and would lead a person to believe that they themselves are really infected with the very crime which they impute to Mr. Baby. It requires however no ?reat sagacity to perceive that Mr. Crc- vier's hostility towards that genieman ii because he conceives hini a bar in the way of carrying into execution, his selfish views on the revenues of the Parish and the lands of the nuns. None can be more convinced of the injurious consequence of Mr. Crevier's very in proper conduct throughout, nor more determined h 38 Evidence of to let him feel the effects of it than I. Indeed it was ray inten- tion for some time past to remove him, and the only thing that prevented me was the difficulty of getting him replaced. ° The Bishops of Lower Canada are not much disposedto part with any of their clergy that they find useful for themselves, and those they would most readily part with would be the least useful to us. The tythes and casualties of the parish of Sandwich would be no doubt an inducement to a Canadian priest if those were found to be much greater than his own, but were they ten times greater than they are he would think himself perfectly justi- fied, and even authorised to apply the whole of them in entertaining his friends and enriching his family who seldom turn out the more respectable or the better christians for being pampered on the reve- nues of the church and the patrimony of the poor. I would be extremely sorry that the conduct of Messrs. Crevier and Fluet should be exposed before His Excellency, the Lieutenant Governor, and still more so before the Provincial Assembly first because the mischief already done could not thereby be remedied ; secondly because a recurrence of a similar evil may easily, and ef- fectually be prevented without resorting to such a measure, and thirdly because very many of the members of the Assembly who are inveterate enemies to our holy religion and most anxious to be furnished with all the weapons they could against it would not fail to seize upon such transactions as took place at Sandwich at the last Election, and turn them to our discredit and disgrace, and it would be difficult to calculate on the consequences. You will be pleased to inform me how soon you will obtain the Patent Deed of the Church land in Sandwich and in the mean time I shall do what I can to procure a religious woman to join those already there. I applied to the Congregation Nuns some time ago but they would have nothing to do^vith that Institution without they got the land and the whole establishment for themselves without any regard to ths poor individuals that had commenced it and had already under- gone so much sufferings and privations. I shall hope however to be more successful in some other quarter and meet with more disin- terested zeal for religion. What a pity we could not prevail on gome of the noble hearted and heroic daughters of St. Patrick to cross the Atlantic and communicate a spark of the love of God, and holy zeal for the religion of Christ which filled their own hearts to the hard and selfish mind of some of our Canadians of both Pro- vinces. I request to know the time that the lot. of land granted by the late Bishop Burke to the mission of York was sold for the taxes, and the person who bought it. Whatever documents I have or can procure to prove tiie legality of our right to that property shall be forwarded to you. Please to accept of my most sincere thanks for your kind and friendly offer of quarters under your hospitable roof dur- ing my projected visit to York this winter. In truth I ought to be ashamed of all the trouble I have given you and your brother's excellent family aii the times I have, been at York since you came to it. If I be called thither ex officio, I shall go but not otherwise. For besides the fatigues of so long a journey, the precarious state of the weather, and want of accommodation in this inclement season of the year I find my funds so completely Dr. W. J. O'Grady. S3 drained and myself so much involved by educating boarding, and clothing seven or eight ecclesiastics for so many years at my own expense without the smallest assistance from any other quarter ex- cept the few pounds that you have been remitting to the two of them that have been teaching here, that I could hardly command to day what would defray my travelling expenses to and from York. I have been obliged to discharge the Canadian ecclesiastic that I had employed for five or six years back in teaching theology, and taking upon myself the task of giving lectures to my young peo- ple and of attending morning and evening Rel'gious exerc'ses. If I cannot make them profound Theologians or highly educated Priests, I trust they will turn out by the grace of God pious and zealous Missionaries, with as much knowledge as will enable them to discharge the duties of their calling with credit to themselves and advantage to their flocks. I sent up by Mr. Mican of Niagara three Missals one for Mr. Gordon one for Mr. Culien and one for Mr. Brenan and I shall take up a couple of Chalices and a Cibohum with me when I go up myself to be disposed of where they shall be wanted most. I am thinking to call a meeting of my Clergy and to lay before them many matters that appear to me necessary for the propagation of our holy religion, the uniformity of church discipline, &c.&c. and I would be obliged to you by letting me know your opinion where such a meeting should take place who should be called to it, and matter that should be d ; scussed at it? The Post comes but once a week this way and this letter has been by mistake omitted to be sent along with the mandate to the Incumbent and Church-Wardens of Sandwich which I sent to you, but as two copies have been sent to that Priest I shall defer taking harsher measures until I learn what effect that instrument may have. I beg you will be so good as to offer my kindest regard to your brother and Mrs. O'Grady, and the dear little Brazilians. And believe me to be, with high esteem and sincere regard, Very Rev. and dear Sir, your very humble and devoted servant in our Lord Jesus Christ, f ALEXANDER, Regiop. To the Very Rev. Win. J. O'Grady, V. G. Glengarry, 26tk January, 1831. Very Rev. and Dear Sir : Your valuable and much esteemed communication of the 9th current came to hand by the last post. I am charmed and delighted with your successful exertions in promoting the sacred cause in which we are both embarked, and I never cease thanking the Divine Goodness who in the decline of my health and mental faculties has been graciously pleased to send me so zealous and so powerful a co-operator as you have already proved yourself to be, in this infant portion of Our Lord's vineyard. What you are plea- sed to call a mild sway others may perhaps call weakness and imbecility, but we have always made it a principle of action never to resort to extremities until the nature of the case rendered coercne measures necessary. There is a point beyond which indulgence 40 Evidence of and forbearance cannot be carried, without swerving from duty" and betraying the Bacred trust committed to our charge ; the Rev. Mr. Crevier having ac length driven us to that point shall find us as firm and determined in the execution of our duty as we had been reluctant to adopt harsh measures while there remained any hope of milder ones sufficing. In my last letter I trust you would find my orders and instructions regarding Mr. Crevier sufiL piently ample. "When you get to Sandwich, and shall have arranged the most important part of your business there t you will send tor Mr. FJuett and make such arrangements with him as you may find expediei.t, after having taken all the necessary informations respecting his different missions of Amherstburgh, the River Thames, and Bal- down. You are at liberty to fix his residence at either of the two first places where you will judge it most conducive to the good of religion, but! think Amheratburgh ought to be his principal resi- dence. It gives me heartfelt pleasure to find you so well satisfied with the few clergymen I have been able to send under your jurisdiction and control. The greatest satisfaction that I can enjoy in this life and I may say the only one is hearing of the good conduct, and well doing or those ecclesiastics I have been struggling to educate and train up for the sacred ministry. Although not profound theologians nor deeply versed in abstruse sciences, I trust they will be guided by the influence of a true apostolic, spirit and prove sufficiently ca- pable to afford the necessary moral and religious instructions to. those under their spiritual directions to secure their eternal salva- tion. The zeal and activity of the Catholics in the townships mention- ed in your letter in co-operating with the Missionaries in building churches, and diffusing the sacred principles of our holy religion is no small addition to my consolation and comfort on this occasion ; but the credit of their conduct, and of the wonderful progress of the good work, is next to Divine Providence due to you whose ju- dicious plans and wise regulations they only carry into execution. I have three more ecclesiastics now in the third year of their theo- logy, one of these I find necessary to retain about myself, the other two I could spare and would be glad to send you one of them if you wished it, but Mr. Campion has taught us not to make them too soon their own masters, and, therefore, for the future no clergy, xnan shall have charge of a mission until he be one or two years under the surveillance and command of an elder missionary. I admit the justness of your observation in reference to the Rev. Mr. Fluet, but I trust you will do your utmost to preserve the pen- Fion for the teacher of the Indians of Amherstburgh whether it be Mr. Fluet or any other you may settle in that place. I hereby give you full and ample powers to make the exchange required with our excellent friend Colonel Allan between the land in Wilmot and in Guelph, and I shall be ready to sign any instru- ments that mny be nccecsary when I get up to York. I feel ex- tremely happy and return you many thanks for obtaining the patent for the lands granted to the nuns and Parish Church of Sandwich. So far from accusing you of inertness, or inactivity that I feel in= Dr. W. J. O'Guadt. 11 debted to you and give full creel. t for all the acquisition that tins Diocess has made since you have been at York, which m more thau was done for the whole time previous. Your Petition for the Lot at the mouth of the River Trent I very much approve of as an en- ergetic, respectful, and a ver) r spirited one. from the shuffling ana" unmanly conduct of the Council in this affair, you will now he convinced uf the truth of my assertion that a secret influence is constantly at work to arrest the progress of the Catholic Religion in this Province. It affords me much gratification that you have so wonderfully advocated the cause of cur friend Mr. MacCuniff. It is true enough, that several of the Magistrates of Kingston arc afraid of him and have good reason to be so v because were he to expose the very improper conduct of some of them which he lias in his power to do, they should never sit upon a Magisterial Bench in Kingston or elsewhere, and His Excellency needs not dread a deficiency of as worthy and as able characters to fill the Bench of Magistrates in Kingston as those who threaten to resign in the event of McCuniff's appointment. The truth is there is an Augean Stable to clean out in Kingston, and perhaps the sooner the work is done the better.. I return you my most grateful thanks for your kmd an*} generous suggestion of applying the proceeds of the lot of land near York to the liquidation of my debts; but although upwards of five thousand pounds behind hand between the new Church of this Parish and other Churches with the expenses of supporting my Ecclesiastics and other outlays for religion I am unwilling to appropriate any of the small property given for the use of the Church as long as I can, in full reliance that his Divine Majesty for whose honor and glory J have involved myself in difficulties will in His Gracious Good- ness extricate me out of them. I shall do cvnry thing in my power to obtain as soon as possible the documents you desire iu reference to the lot above mentioned. I send you herewith the distribution for the half-year from the 1st of July to the 31st December, 1830 ' and give you permission to alter it to a certain extent if you think that by doing so it wil afford more general satisfaction." 1 Our friend Mr. Fraser who has made a very decent competency by his sayings and speculations in Kingston does not appear to me entitled to a. quota. Your confrere the V. G, of Kingston has been a good deal out of pocket in improving the Church and Presbytery without any prospect of being refunded, the Rev. Angus M'Donell's. quota lias been increased at your own recommendation] and for very cogent reasons. There will remain a small surplus of j£20 sterling which you can keep in your own hands in the mean time, — there ought to be some fund established to meet contingencies. Your tra- velling expenses to Sandwich must be taken out of some place. It is my intention to have a meeting of my Clergy at Kingston aa soon after the Easter holy days as possible to put the affairs of the ^iocess on a more regular footing than they have been yet. We hava much to arrange then, and it will require the united wisdom and ex- perience of all to concert and adopt plans the best adapted to pro- mote the interest of our holy religion. I shall be much obliged to you by hearing from you on receipt of this, and informing me the precise time you will start for Sandurich, 48 Evidence of likewise if you are desirous that I should send you any of my Eccle- siastics, but you must not forget that I would not wish to entrust htm with the charge of a mission, but only to serve under a Clergy- man of greater experience for one or two years. I expect to go to Montreal soon to procure the necessary docu- ments respecting the lot of land bequeathed by the late Bishop Burke to the mission of York. With most respectful compliments to your brother and Mrs. O'Grady, not forgetting my dear little Brazilians. I remain with warm and sincere regard, and very high esteem, Very Reverend and dear Sir, your most obedient, And very humble in Our Lord J. C. t ALEXANDER M'DONELL, Ep. Regiop. \V. J. OT To the Very Rev. W. J. O'Grady, V. G. TUESDAY, Fsbruary 10th, 1835. JAMES KING, Esq., Barrister at Law, called in and examined. 227. Have you a copy of the petition of the churchwardens of the Roman Catholic Church in this city presented to His Ex- cellency previous to Dr. O'Grady's departure for Rome ? — I have not. 228. Have you any recolloction of a petition by the Rev. Wm. Fraser of St. Andrews, to His Excellency Sir Peregrine Mait- land, complaining that lie had not for some yeais received the al- lowance made to him by His Majesty as a clergyman of King- ston? — I copied the petition for him — it was afterwards signed by him and laid before His Excellency in Council. I understand that Bishop M'Donell and Mr. Fraser compromised the matter afterwards. The sum allowed Mr. Fraser, as he stated to me, was JCIOO per annum. 229. Do you know of a petition presented by the Rev. Angus McDonell and the Rev. Wm. Fraser, to the Lieutenant Governor, complaining of the undue distribution of the allowance from the Colonial Office? — In the memorial of the churchwardens to His Excellency we prayed for a copy of that petition, as we under- stood it to contain a charge of peculation against Bishop M'Donell. 230. Was it refused? — His Excellency's answer was, that the original petition was sent to Bishop M-Donell, and that it was not yet°returned, but he had written for it. We never got the copy, nor heard of it since. 231. Were you a petitioner to the House of Assembly last Session complaining of the misapplication of the public monies granted to the Roman Catholic Clergy and School Masters?— I was. Upon a motion to refer it to a Special Committee of enqui- ry, the House refused to commit it. It was signed by the Romau Catholic Laity generally, at least by all who were applied to. The petition complained ia the fust place of His Majesty's supre- James King, i 43 maey over the Church — of tythos payable to the Roman Catho- lic Clergy — of tlie misapplication of £1000, sterling, granted for the support of the Clergy Schools — that no Roman Catholic School-house had been erected in this city. And verv few, if anv in the Province — the petitioners further requested immediate enquiry into the appropriation of £1000, and the abolition of all pensions and sinecures payable to the Clergy — an additional alle- gation was, that there were few, if any, Catholic Schools in the Province. 232. Do you know what Roman Catholic Schools have been established from the proceeds of the Royal bounty ? — I have ne- ver heard of any in the Province. 233. What reason had you for believing that the £1000 was misapplied? — The Rev. Mr. O'Grady was parish Priest at this place. He had the distribution of a part, or the whole of the distribution, under the Bishop's order. He shewed me a check in Bishop 3I'Donell's favour for £40 on the Bank, which he said was to pay the Bishop's travelling expenses to and from Sand- wich. I was aware that this was a misapplication of the funds. There was another case. I understood that Mr. Angus M'Donell the Bishop's nephew, got his share of the Government appropri- ation, (although it was refused to Mr. Crevier, whom the Bishop removed,) on the supposition that his tythes were sufficient for his maintenance. Alter Mr. M'Donell's removal to Sandwich — After Mr. Crevier was removed he spent the winter with Bishop M'Donell, who gave him a check for a portion of this money, al- though he, Mr. Crevier, was not in charge of any parish. With regard to the mal-appropriation, I was one of the Committee appointed at an adjourned meeting convened by Bishop M'Donell, to enquire into and report upon the state of the Roman Catholic Religion in Upper Canada. The Rev. Lawrence Dempsey gave in evidence before us, that he was obliged to sign receipts to Bishop M'Donuell in the capacity of Schoolmaster, for monies he never received, and that he never was a schoolmaster. The Rev. Mr. Gordon's evidence was a corroboration of Mr. Dempsey's. Mr. Gordon is now officiating clergyman at Niagara. It was given in evidence that a quantity of Sacred Vestments and Church Plate had been presented by Cardinal Weld for gratuitous distribution amongst the Clergy of the Province, and that they were sold to those Clergymen by Bishop M'Donnell, who took their notes and stopped the amount out of the Government appropriation. I was a member of the commission appointed by the Roman Catho- lic congregation of the Parish of this city, who enquired among other matters into the application of £250, sterling, paid by Government for Roman Catholic Schools, as a part of the annual grant to the Clergy. Doctor O'Grady gave the following evi dence before us "that when the Rev. Mr. Cullen was ordained into the priesthood, he declared to him (Dr. O'Grady) his readi ness to testify on oath, that he never acted in the capacity of a school master, and moreover that he was forced against his will and conscience by the Bishop to give him receipts formonies thai were never paid him, either as being such alledged Schoolmaster or otherwise." {The Witness withdrew.) u Evidence op COLONEL ALEXANDER CTIISIIOLM, M. P. P in und Examined. Ihd 234. How many Justices of the Peace are there in the County you represent, and how many in each Township . ? — A new Com- mission has been f issued since I left Glengarry. When I left home there were nine Magistrates resident in Charlottenburgh — tliree in Lochiel, one in Lancaster; but none in Kenyon. 235. Are the Justices of the Peace resident in your County chosen exclusively from one party in politics, or indiscriminately from respectable men entertaining Various political opinions ? — I am not aware that the appdiuttnenis were made with reference to the political Opinions of the persons appointed. 230. Are men chosen to fill the Commission of the Peace, arid the offices of the district who have been long resident in it, or are strangers more generally preferred ? — I cannot answer tlnft question positively. 237. What Bank ndtes hare the greatest circulation in your district? — 1 caiihot say ; I expect there are as many Lower Ca- nada Hank notes as any other. 238. What is the state of the roads in your District ? — ■ Bad. 239. Are the cbm'm'on schools in your District sufficiently numerous and efficient for the wants of the country ? — They are numerous, but not efficient. 240. Do you think the Lieutenant-Governors, of themselves, possess a sufficient knowledge of the inhabitants of the several districts to enable them to select judicious persons as Justices of the Peace ? — I should think not. I am rather of opinion that the new Commission was issued upon the recommendation of the' lute members of Assembly. 2 41. Has any inconvenience resulted in your district from the selection of voting places at Elections, and what places would you recommend for ydtir county ? — I am of opinion that two poll- ing places would be best. The two most central places, in my opinion, are WilliamstOAvn and Alexandria. 242. Have the moniesarising from the sale of vild lands for assessed taxes, or from payment of such assessments on these lands been prudently expended by the Magistrates in your Dis- trict ? — I rather think that such parts as the law requires to be applied on the roads has been prudently expended. I, as a Ma- gistrate, recommended that the remainder be applied towards paying the expense of erecting the Gaol and Court-house, in- stead of which, it was applied to Government purposes. 243. Is it just to the Baptists, Quakers, Menonists, TunkardsS Independents, Seceders and other classes of Christians, whose spiritual teachers, receive no share of the public revenue, for their religious services, that the Clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and the Methodist Ministers should, without the sanction of the Legislature, have a bounty paid to them for their performance of their religious duties? — My opinion of that is, that no particular sect should be required Col. Alex. Chisiiolm, M. P. P. 45 to contribute to the maintenance of any others — that all should be supported by contributions from their own particular Congre- gations. If this money be given with a view of facilitating our way to the other world, I think each denomination should pay for the salvation of their own souls. 244. The Committee understand that large grants of valuable cleared lauds have been made of late to Clergymen of the Church of England for Glebes, is this so within your knowledge? — No. 245. Do you know if the sum of £6000 of the public monies (in the hands of Bishop M'Donell) being lent to the House of Maitland, Gardner and Auldjo ? — Only by report. 246. What Schoolmasters did the Bishop bring from Europe ? — Four, Mr. Hammond, Mr. Murdock, Mr. M 'Donald, and Mr. M'Pherson. I think the latter came from the West Indies. 247. From what funds were they paid? — I cannot tell. I un- derstand that £100 is allowed for each of them by government. 248. Did they teach School 1 — Three of them taught school in Gleugarry for some time. One of them taught a common school. 249. Are there any Catholic School Masters now in Glengar- ry, paid out of the Government appropriation to such teachers ? — I am not aware that there are. Bishop M'Donell paid the School- masters referred to in my former answer. It is more than five years since they left. I am aware that the Bishop has been occa- sionally giving the Common School Teacher at Alexandria some money. I know that he had paid him in all £18 — this was about a year or two ago. 250. Out of what funds did the Bishop build the Chureh at Raphaels? — I have never seen the accounts, though a member of that Church — I have heard a good deal of entreaty made by the Clergy for persons to come forward and assist in getting up the building. J had no personal concern with the buiidn g of the Church myself. 251. W r as there any government grants towards building that church ? — I have no certainty that such was the case. 252. Does the Bishop exact tythes from the Catholics of Upper Canada? — In Glengarry, the clergy exact tythes, under the authority of the old French law. 253. Are there many members of the Church of England in Glengarry ? — There are very few, I scarcely know a family, but there are 33,000 acres of land set apart for their clergy. 254. Are there many Catholics in Glengarry ?— 1 think that the County is about equally divided between Catholics and Pres- byterians. 255. Are you acquainted with Mr. Gillivray ? — I was acquaint- ed with him. 256. Are you aware that he was p.gent for the Bishop in the collection of notes due for tythes and marriages? — I saw a man pay him money on behalf of the Bishop. 1 do not know what the note was for. 257. Whirt is the general charge for marrying ? — Between tw« and three dollars. 258. Did you ever hear that the sum of £25 was ever charged Assem. No. 21. M 46 Evidence or for marriage ?— No. But during the building of the Chnreh. I kave heard instances of persons signing notes for £25 towards do- fraying the expense of the building. 259. Did it ever come within your knowledge that the cattle, rows, and chattel property of persons subscribing to the Church, were sold to pay their subscription ? — Yes. 260. In what circumstances were these men who were called upon to give their notes for £H5 towards building the Church ? — Generally farmers. 281. Were any labouring men who were not freeholders, call- ed upon to pay this sura ? — I heard of several young men giving their notes, without any reasonable prospect of paying. 262. Was this £25 ever demanded except from persons getting married ? — Yes. It was the general average towards paving for the bmWitig the Church. 263. Are you aware that Catholic School Houses have been erected, or Catholic School Masters. maintained out of the funds provided by the Government ? — There was a School House erect- ed at St. Raphaels, but I cannot say from what funds. I am not acquainted with what has been doue in other parts of the Pro- vince. 264. Does nof the inequality of 'he system of taxation of rate- able property, cultivated and uncultivated, afford just grounds of complaint on the parr of the people ? — I do not think it does, as far as Glengarry is concerned. 265. Have not the resident settlers by the improvements they }iare made, and the House of Assembly by its liberal grants for Roads. Bridges, and in aid of Inland Navigation, given to th« puddle Lands their greatly increased value as compared with 1792 ? — I should suppose r -o. 265. Ought not the revenue arising from these lands to have been applied to the liquidation of the war claims, instead of in- creasing the public debt and duties on imports for that purpose ? — I think that the wild lands should be at the disposal of the Le- gislature, to be applied to such purposes as they should consider best. 2-''-7. What has been the effect produced in your County by the s?de of Wild Lin-is for arrears of taxes-? Such as have lost their lands feel dissatisfied. S65. Has the effect been to divide property, or to accumulate it into the hands of a few individuals? — I could not say, untif I could see how much each individual has. 269. Would not the British Constitutional system, by which the head of the government is obliged to choose h.s councillors and principal oncers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of porernmeut ? — I think if the Legislature and Executive would pull oneway it would be best. 270. What check would von propose on having partial and in- pud>cion>3 legislation in England, affecting the commerce, and thro j gait the general interests and property of this Colo:.} ? — Cou Alex. Chiiholx, M. P. P. 47 I think that such matters might be left to the wisdom of the Le- gislature of this Province. 271. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Colony, and the proceeds applied only according to law ? — I think so. 272. What check has the House of Assembly on the other branches of the Government as a means of preventing executive usurpation of popular rights . ! — I should think that the' other branches care but little about the Assembly stopping the supplied while they exclusively have the control of the Casual and Terri- torial Revenue. 273. Another subject of complaint is the continual stoppage of the bill for the more equal division of Intestates' Estates, is the passage of that measure desired in your county ? — I do not know that the county have expressed any Opinion on that subject except in the petitions of 1881. My own opinion is, that parents, if they have children, society looks for them to support them, equally, and not leave them a burthen on society. 274. Many complaints are made that the Judges and Clergy- men of the Church of England and Rome hold seats in the Le- gislative and Executive Councils ; are not such seats incompati- ble with their spiritual and judicial functions } — I think that with regard to clergymen they have enough to do in their spiritual de- partment. 275. Do you consider the Canada Company a benefit or an in- jnry to the Province. Are not the grants or sales of Land t» this company of speculators residing in Europe an improper transfer of the functions of the Government 1 — I think so, I think. it is better there should be no agent in the shape of a land com- pany between the Governor and the Emigrant. I think the Ca- nada Company injurious because whatever money is paid to the company is taken from the sum which might have improved his farm. I think it is better to raise taxes from improved property than to lay them as a weight upon the original settlers — that after persons have made themselves comfortable they are then to con- tribute to the necessities of society. 276. What are your objections to an Elective Legislative Coun- ciL, and what are your objections to the Legislative Council as now constituted 'I — I have not given sufficient consideration to the subject to know how it could be improved. 277. Do you not consider the custom of pensioning the judge* to a large annual amount, by orders from the Colonial Office, out of the Upper Canada Revenue, and without reference to the Provincial Legislature, destructive of the independence of thg bench in a great measure] — I should think it much better to regulate their retiring pensions by law, having reference to the extent ot their services. 278. How can a bench of judges dependent on the Coloni.l Office for their customary retiring pensions, and independent of the House of Assembly, act impartially between the parties iu eases where a collision may arise between the Legislative ano Ex- ecutive Departments in this Colony, or between ths B.itish St*- 48 Evidence of tutea and the Provincial Laws. — I think human naturs has a lean- ing to the hand that feeds it. 279. Ought not those persons who advise His Majesty in hii appointment of fit persons to fill the judicial bench to be respon- sible to the country ? — I think so. 280. Aie you of opinion that the Chief Justice or any of the Judges ought to sit in the Legislative Council? May not the Judge be called on in his Legislative capacity to pass opinions and «nact measures of severity against the individual whom afterwards he may be called upon to try as a Judge in the Courts ?— I think that a Judge having given his opinion once, should not ait a second time on the same case. 281. What fees were charged by Sheriffs on the sale of wild lands for taxes in your district ? — Only seven shillings and six- pence currency, and free deeds afterwards given by the Sheriff. 282. What objection can be urged against a fair and equal re- presention of the qualified Electors in the House of Assembly ? — Why should four townships in one part as a county, with 4,000 inhabitants send two members, and five or six in another part, as a riding with 15,000 send only one ? — This arrangement being based neither on extent of territory, property, nor population ?— - Population and territory 1 think should be the basis. 283. Does not avast annual additional expense fall on the Pro- vince owing to the continual rejection of bills of a general char- acter sent up by the House of Assembly, rejected in the Legis- lative Council, and again introduced, debated and sent up by the House of Assembly ? — I cannot say what bills, have been sent but the tendency of continually refusing bills must create addi tional expense. 284. In what way can the popular branch of the Legislator influence the Government so as to secure the appointment oi proper persons as arbitrators to decide each four years on tha proportion of revenue coming to Upper Canada from duties levied at the port of Quebec ? — They could only recommend an arbitrator by the resolution of the House of Assembly. 285. What becomes of the Clergy Reserve monies vested in the British funds? — I cannot tell. 286. Are Grand and Petit Jurors summoned with perfect fair- ness in your district ? — I think so, for I have at different times been observing the Sheriff in cases when I supposed he had a feeling ; and I could never discern the least appearance of par- tiality. 287. Do you think the local knowledge possessed by the Lieu- tenant Governors of this colony fully sufficient to enable them to nominate independent men otherwise well qualified to the office of Legislative Councillors? — I think that a good deal depends upon the information they get from others. 287. The Vote by Ballot in Elections is prayed for in many petitions both to the Assembly and to his Majesty — What is your •pinion of this mode of voting ? — I am in favor of that system ef voting. (Tht Witness withdrew.) Rev. A^tfs McDonell. 49 REV. ANGUS McDONELL, Cure or Sandwich, called in mnd examined. 286. Has there been at any time, within yonr knowledge, any one schoolmaster residing and teaching in this city, who received any salary, or portion of the appropriation given to Catholic teach- ers, for his services 7 — Yes, John Sawyer, or Seers; he received within my knowledge about £26 per year for teaching in this place. 269. How long since he taught in this place 1 — I cannot tell, but, I saw the money paid to him last winter. I think there n another teacher now in his place who will receive the money. 290. Have you any knowledge of a person named John Butler having received any portion of it, under the pretext of his being a schoolmaster 1 — No, I do not know any thing of it. I know Mr. Bailer, but do not know that he has received any government money. If he has received money, it was not received in the capa- city of a schoolmaster. 281. Was he, Butler, bona fide a schoolmaster coming within the intention of Earl Bathurst's despatch authorising Bishop McDonell to apply one-fourth of His Majesty's bounty for the clergy to the payment of schoolmasters ? — Mr. Butler might have received some- thing at one period as a schoolmaster, because he taught school at one time here in this town. 292. Have you any knowledge of the Rev. P. McDonogh having at any time refused to receive his portion of the government ap- propriation, and if so, what were his stated reason or reasons !— « No, I believe he always received hie share of the government al- lowance. 293. Have you any knowledge of a sum of £900 sterling, or any other sum or sums, having been received by Bishop McDonell or any other person on his behalf, from His Majesty's Government or the Local Government, for any ecclesiastical or other public purpose ; and if so, state how the same has been applied ? — I un- derstood there had been £900 received for the erection of churches. As to the manner in which it was appropriated I cannot give an exact account, but I know that ,£300 has been applied towaree finishing the Church at Glengarry — £150 to put an addition to the Church in Kingston — £25 to the Church at Loughborough — £35 to the Church at Camden — 1 believe £40 to the Church at London — and about the same sum to the Church at St. Thomas' — I think it was £100 to the Church at Niagara, and about the same amount to the Church at St. Catharines — and I believe it was £100 to the Church at Peterborough — £90 for the erection of the new Church at Amhcrstburgh — the rest has been divided between the different missions, but 1 do not know in what proportion. 294. In whose care was the money expended on the Church at Glengarry placed 1 — In the hands of commissioners nominated, I believe, by the Bishop — they were Col. Alexander Fraser, Hugh McGillis, Esq., and the Right Rev. Remigius Gaulin. 295. Was £100, expended on the Peterborough Church, receiv- ed as a donation from Cardinal Weld? — The money has been sub- scribed but not drawn. 2G6. Did you ever present a petition either by yourself individu- 50 EviDENCS OF ally or in conjunction with any other, and with whom, to the hoad of the Executive oi this Province, complaining of the mal -appro- priation ot" certain monies placed at Bishop McDonell's d;spo?nl for ecclesiastical or other public purposes ? — I never presented any petition myself, or in conjunction with any other person, com- plaining of mal. appropriation bv Bishop McDonell of any tu i:s of money received by him which could com*} under the control cf the Provincial Parliament. 297. Did you present to the Lieutenant Governor »ny petition, at any time, complaining that monies which hod been placed ;n the Bishop's hands for ecclesiastical purposes, had been misapplied? — No, 1 never did. The petition I presented w;«.s merely enquiring what sums of money had been paid by the British Government for me, from period to period. 298. Have you a copy of that petition ? — I have not a copy here. 299. What was the reason that Mr. Crevier was removed from Sandwich 1 — I do not know. 300. Do you know of any sum of money lodged by Bishop McDo- nell in the hands of Maitiaud, Garden and Auldjo, the appropriation of the Imperial Government for schools and for ecclesiastical purpo- ses ! — The Bishop, when in England, received a 6um of from X2.000 to £3,000, which he lodged in the house of Maitland, Gar. den and Auldjo, because he was then on his way to Rome, which house failed before the Bishop's return to the country, and the Bishop has been compelled to pay this money out of his own pri- vste funds. SOI. Are you aware that one-fourth of the nnnunl appropriation made in England is for the support of schools? — No, but the Bi- shop has discretionary power to appropriate one-fuurlh of the annual appropr ation to the support of schools. There are some schools in the Province partially maintained from this bounty. $02. Is it just to the Btptists, Quakers, Menonists, Tunkerp, In- dependents, Seceders, and other Christians, whose spiritual teach- ers receive no share of the public revenue for their religious servi- ces, that the clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and that the Methodist Ministers, should, without, the eanction of the Legislature, have a bounty paid for the performance of their religious duties ? — It depends altogether upon the opinion of the Government. 303. Would it not be desirable that the Clergy and Crown Re- serves and all reservations of land, otherwise than for education, were disposed of for public purposes, under the control of the Le- gislature 1 — I think it would be desirable. 304. The undue preferences and exclusive privileges granted to certain religious denominations are much complained of; would it not tend to strengthen good government if they were altogether abolished? — I am not aware of any undue preferences, except the Clergy Reserves, which are a real grievance in the country. 305. Are you of opinion that clergymen of any denomination ought to have seats in the Legislative Council, or that such seats are compatible with their spiritual functions] — lam decidedly of opinion that no clergyman of any denomination should hold a seat either in the Legislative or Executive Councils. 203. Are the Common Schools in your District sufficiently nu- T. D^JLTON, Esq. 51 m^rou* and efficient for the want* of the country? — Tb*y nre not, 1 think thr sale of the Clergy Regervep, ff appropriated to Educa- t on, would afford sufficient fund for the support of common ■e! nnls. 307. What isyou opinion of the py^t^m of District Schools in - Canadi ? — I he'' eve in ur>st cise-i tiny tin a nuisance; I I think that if the .€100 would bo d'V'ded anions four common schoo's it would tend more f »r the benefit of the country. SOS. What tythea are genera ily exacted abont Glengarry or S\.;d\Vich ? — The twenty-sixth bushel of ^rain only. The Witness withdrew. TBQMAS D ALTON, Esq. Toronto, called in and ex- amined. 309. Ave you the proprietor of the Patriot newspaper! — I am; the sori«s commenced in November, 1829. 310. Wha^ postage did you pay in 1830 and 1831 T— I paid while I puhli.Hjtl in Kingston about £12.5, this was to the end of 1832. 311. Is the return correct which states you to have paid in 1829 £3 ; in 1830 nothing ; and only £6 in 1831 ?— It is not correct. 312. WliRt might be the amount pakl during these years? — I think 70 or £80. 313. The Kingston Chronicle is enterned in this Return as paying £l0 a- year; is I Hat a fair return 1 — I should not sup- pose that they ever sent so few as 58 copies. 314. Do you know any law under which newspaper postage can be collected in Upper Canada as a perquisite to a Post- master 1 — No ; I do not believe they pretend it is by law, but by an order of the Postmaster* General, and given as a per- quisite to his deputy, as I understand. 315. Are not the Letter Postage rates, where they exceed Is. 3d. currency, on a single lener, (which is the maximum f>r the greatest possible distance in the United States) injuri- ous to trade and unnecessarily nurthensonie on this commu- nity ? — I have always thought the postage from here to Eng- land as enormous. 317. How would you recommend newspaper postage to be collected t — I think it ought to be collected from the party re- ceiving the newspa 318. Do you think that newspapers ought to be subject to po^taee ? — I do for the reason that it is a valuable service performed to the person receiving the paper, with the ex- pense of which, tiie public ought not to be burthened ; be- cause it would be taxing the poor to aiaimain the rich. 319. What rate of postage would ywu recommend oft news- ; \ era I — Not more tfcan a half-penny per sheet. (T,\f Witness icitharetr.J 52 EviDMXCK OF "WEDNESDAY, 11th Februrt, im. JOHN BROWN. Esq., M. P. P, for the Cou.ntt of DrR- ham, called in and examined. 320. How many justices of the peace are there in the county you represent, and how many in each township ? — I do not know, anew commission has gone down lately. 0*321. Have you made recommendations to His Excellency for /it men to be placed in the commission of the peace ? — Z/o, I never did to my knowledge. 322. Are the justices of the peace, resident in your rountv, chosen exclusively from one party in politics or indiscriminately from respectable meu entertaining various political opinions? — At far as my knowledge goes I do not see any difference. A gen- tleman by the name of Munroe, who went about wi'h a petition for the removal of Sir John Golborne, has been since appointed a magistrate. 323. Are the common schools in your district sufficiently nu- merous and efficient for the wants of the country ? — I think not. 324. Has any inconvenience resulted in your district from the selection of voting places at elections, am! what places would you recommend for your county? — I think it would be better to have two polling places, Grimes' Inn, iff Cavan, for the front townships of Durham, and for the back townships Cottingham's Mills. 325. Have not the resident settlers by the improvements they have made, and the House of Asser ibly by its liberal grants for roads and bridges, and in aid of Inland Navigation, given to the public lands their greatly increase J value, as compaied. with 17921 — Decidedly so. 326. Ought not the revenue rrising from these lands to have been applied to the liquidation oi the war loss claims, instead of increasing the public debt and d aties on imports for that purpose ? — Yes, I think so. 327. Is it just to the Baptists, Quakers. Menonists. Tunkards. Independents, Seceders, and. other classes of Christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the energy of the Kirk of Scotland, the Catholic Bishop and Clerg' , and that the Methodist Ministers should, without the sanctio): of the Legislature, have a bounty paid for the performance of their religions duties? — I think not, but I think we ought to have an Established Church : I am for a uuion of Church ami State, and I think that the Church of England ought to have tl: e supremacy. 328. How would you provide for the Church of England? — I have no idea of giving them the one-seventh of the lands of Upper Canada, but worJ 1 give them a respectable maintenance ont of a part of these Re serves. 329. Would not the KriUsta Constitutional system, by which the head of the Goverj.nent is obliged to choose his councillors and principal officers from among men p osseseing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the eountry, it* adopted in Upper Can*- John Brow* Esq. M. P. P. 53 da, than the present irresponsible mode of Government? — I am- perfectly satisfied with the present mode of government, I think a change would be an injury to the country. 330. Why have you formed this opinion ? — I form this opinion from haviug heard no proposed changes which would answer" equally well. 331. What check would you propose on hasty, partial, and injurious legislation, in England, affecting the eomme.rce, and, through it, the geueral interests and prosperity of this colony ? — I could not say. 332. Would" not it be desirable that the Clergy and Crown Re- serves, and all reservations of land, otherwise than for education, were disposed of for public purposes, under the control of the Legislature? — All, except such parts as might be reserved for the support of the Established Chur.cb. 333. Ought not the whole public revenue to be paid in the gross into tlie exchequer or treasury of the Province, and the proceeds applied only according to law?— ^I am clearly of opinion that one deposit would be better, because it would be easier look- ed after. 334. Another subject of complaint is the continual stoppage of the bill for the more equal distribution of Intestates' Estates; Is the passage of that measure desired iu your county ? — I think not. 335. Do you consider the Canada Company a benefit or an in- jury to the Province ; are not the grants or sales of land to t»»s company of speculators, residing in Europe, an improper trans- fer of the functions of the Government? — I think the Canada Company have been a very great injury to the country. 336. What are your objections to the Legislative Council as at present constituted ? — None, I should be very sorry to see the people put in the Legislative Council. 3-37. Will not the Canada Company eventually draw several millions out of the Province, without conferring on the settled population any adequate advantage 1 — I ?hink they will be some advantage, the first settling- of the country and opening the road* are advantages ; but the monopoly will eventually be disadvan- tageous. 333. Are there many actions at the instance of banks in your district? — There are; each of the endorsers and also the drawer are prosecuted, and three suits and three bills of costs incurred for the recovery of one debt; if the debt to the bank is £41, the costs in some cases arise as high as £Gd additional. The law ought certainly to be altered ; it would be better to notify the endorsers in the first place, and commence au action against the drawer. 339. Have the grants of money for the improvement of roadi and bridges been faithfully expended ? — I think they have. 340. Do you not consider the custom of pensioning the judges to a large annual amount, by order from the Colonial Office, out of the Upper Canada Revenue, and without reference to the Pre- .'-A Legislature, destructive of the independence of the becck ♦2 ?. great measure ?— I am r/ct prepared to say. ;>«em, No. 21. n 54 r: VIDENCE OF 341. How can a bench of judges dependent on the Coloi Office, for their customary retiring pensions, and independent «.i the House of Assembly, net impartially between the p:trr - . cases where a collision may arise between the Legislative anil' Executive departments in this Colony, or between the British Statutes and the Provincial Laws? — lam not prepared to say. 342. Ought not those persons who advise His Majesty in Ins appointment of fit persons to iill the judicial bet 'i be Lie to the country ? — I think so, certainly. 343. In case the House of Assembly, or large bodies of ti.a people, should be of opinion that a public officer deserved im- peachment, by what means could he be tried] — I think there is no public officer, who is guilty of any misdemeanor, who cannot he tried by the Court of King's Bench. C44. Would not an active agent representing the wishes of the people of Upper Canada, in London, be likely to be of f importance to the commercial and agricultural interests i eountry ? — If a person of that description could be found who would be free from politics, he might be verj Useful. 345. Is there a hope that the Legislative Council and Assem- bly, as now constituted, would unite in the choice of sueta a person"? — I should think so. 346. Were not the inhabitants of the Province, seriously injur- ed by the refusal of the Legislative Council, at several sessions. to pass a bill appointing commissioners to treat with commission- ers appointed by act of the Lower Canada Parliament, on matters of mutual interest to the two Canad;is, especially their trade 1 — I would prefer having a port of entry in Lower Canada; I thinK- the best way would be, to have the Provinces united. 347. Does not a vast annual additional expense fall on the Province, owing to the continual rejection of bills of a general character sent up by the House of Assembly, rejected in tier Legislative Council, and again introduced, and debated, and *>ent up by the House of Assembly? — I think it a very necessary one, it would be a very hard case if they had not the same power to inject our bills that we have. 348. Are you aware that the members of the Legislative Council receive a far larger proportion of the taxes than they, and their families contribute? — I am net aware of that. 349. Do you think the local knowledge possessed by the Lieu- tenant Governors of this Colony fully sufficient to enable ihena to nominate independent men. of! j, to the ofike o( legislative councillors? — i think so. Tiie vote by ballot in electi ed frrr in many pe- titions, both to the Aeeci s Majesty ; *hat is your opinion oi h \ ' — I n-.aw abetter way :o eaeat '^nt public J ff'i . Wm. Bull, Estfc, 55 FRIDAY, 13th February, 1885. WILLIAM BUELL, Esq., ofBrockville, called in and .examined. 361. Are the common schools in your district sufficiently numerous and efficient for the wants of the country? — No. 352. Has any inconvenience res, ■ ted, in your district, from .the selection of voting places at elections; and what place or .places would you recommend for your county? — I think the last election for the County of Leeds was held at an impro- per place ; I would lequire time for reflection. 353. Dc you think the Lieutenant Governors of themselves possess a sufficient knowledge of the inhabitants of the several districts, to enable them to select judicious persons as Justices of the Peace ?— I do not. 354. In what manner are Justices of the Peace appointed in vour district? — They are mostly appointed from among per- sons possessing one set of political opinions — I mean opinions in accordance with the views of the Executive. 355. Are you a Justice of the Peace ? — I am nof. 356. How often have you been elected as a representative of the County of Leeds ? — I have been elected to two Par- liaments. 357. Was not your father a former member of the House of Assembly ? — He was. 358. Was he in the Commission of the Peace ? — He was in trie Commission of the Peace at the early settlement of the County, his name must have been left out previous to his election, which was, I think, in 1800 359. Who was your colleague in the last Parliament? — Matthew M. Howard. 360. Was not his father also a member of the House o Assembly? — I think he sat in three or four Parliaments. 361. Was either of the Messrs. Howard in the Commission of the Peace ? — I do not recollect that either ever was. If Mr. Howard, sen. was in a short time, he must have been put ©ut again. 362. Did you — Q r recommend to His Excellency any per- sons as fit to bs pu he Commission of the Peace? — Yes I did, at the common ment of the tenth Parliament. 863. Were your recommendations attended to ? — No they were not. 364. A very lar^e sum of money c< Tiected by direct taxation is annually entrusted to the Magistrates, they being irrespon- sible to the people either directly or indirectly, would it uoj bf the bill for the more equal division of intestate estates. — Is 53 IMT, ot the passage of that bill desired in your t;ouni\ ] — I think u i* by a majority of the people, 0S6. You reside -in Brokville I — Yes. 387. Do you not consider the custom of pensioning the Judges to a targe annua! amount, by orders from the Column] ©tike, out of the Upper Canada revenue and with* 'it refer- ence to the Provincial Legislature, destructive of the inde- pendence of the Bench in a great measure 1 — I think it may have a had effect on the independence of the Bench. 388. Are there not too many dependant persons, and hold- ers of office in the Legislative Council 1 — I should say there was, as far as my information eoes. 389. Are you aware that the powers and dutios of the Ex- ecutive Council are defined by law 1 — I am not. 890. The vote by ballot in elections is prayed for in many petitions both to the Assembly and to His Majesty. What is your opinion of this mode of voting?— I think it the mode that should b.; adopted in this Province. 891. Would it not be desirable that the Clergy and Crown Reserves and all Reservations of land, orherwise than for Education and Roads, were disposed of for public pur- poses under the control of the Legislature? — I think so. VERY REVEREND DOCTOR Win. .L O'GRADY, again called in and examined. 332. How long were you incumbent of the Parish of York ? —Since the year 1829. 393. Did one John Saver or Siers or any other Catholic )• (Viator teach in York since .1829. — John Siers did not Ynii thej'ear 183 3, when lie ppened a School on his own ac- did not within my knowl -dge, receive any portion of the Government appropriation — after he left here, I met him, in Kingston, and li* tol:l me he received none. — Previous to Siers co r|in<*to tha Parish, I engaged a School-master by the name offfarVey, who had a promise from Bishop Mc- Dbhell of £20 per annum for the support of a school mazier but though be commenced his school on the faith of this pro- mise, he was never paid one farthing, and after residing six months in this city, he was obliged to leave us. i>94. Referring you to evidence given before thh Commit* tee of the Rev. Angus M'Doncll respecting the appropriation fer schools, can you shew that His Majesty's Government in- r year should be appropriated to the pay- pfent of Catholic School Ttachers? — I think 5c*. The Dr. VV. J. O'Chvdv. 51 &KIim[> shewed me the copy of a Despatch from Lord Ba-i (burst authorising him to appropriate fme fourth of the annual grant for tlial purpose, and that the Executive of the country was of iho same opinion will appear by the following letter from Sir John Colborne to Bishop M'Donell. York, 20th April, 1829. My Lord Bishop, 1 have the honour to acknowledge the receipt of Your Lordship's letter of the 2nd in i to return the iaclos> e>.ver Canada, whore he had gone to see his bro- ther, the Navigation closed?, and the roader broke up, eo that his de- parture hat* been delayed from day to day, in hopes that sleighing' v.odd commence in which we have been I may say hitherto disap- pointed — t. ; iat tetter as welt as this one will be handed to you by Mr Gordon. The contents of your favo: of the I6t!i of November ore truly interesting. The remarks on the conduct of some individuals of retferen are to me most distrpssing and call for immediate at- ■■■■•.. I authorised you on a former occasion to take Mr. Coin- p-ioM under your surveillincei r o examine strictly and minutely into hfg co iduft, and : hereby repeat my injunctions and orders to you Evidence or 60 to the same purpose, and I charge you to exercise over him and over Mr. Gordon and ever every other priekt that is or may here- after be employed in your district, the power and control of a vicar general until further orders. Regular powers may afterwards be given in due form as circumstances may require. In the mean time I beg and entreat of you to procure for me f very possible in- formation respecting the conduct of those individuals to whom you alluded in that letter. I feel much obliged to you for suggesting the idea of holding conferences of the clergy, it 13 one that I long cherished myself when the state of the missions would admit of the clergy conven- ing for that purpose, well aware of the great good which such an institution produced in Ireimd in my time and is calculated to pro- duce in this country. Hitherto however while two prles's were not within the distance of hundreds of milc3 of one another, the thing was entirely impracticable, and even yet it is only in very few parts that it can be thought of, but please God to increase the number of our clergy I trust the practice may become general. The kindness and attention which Sir John Colborne was pleas- ed to Bhew to me during the time I had the honor of accompany- ing His Excellency last summer on his visit to Montreal and to the R.drau Canal, I shall ever remember with the most grateful feelings, and I shaii ever consider it one of the most mortifying circumstances of my lire, being deprived of the honor of seeing H'.s Excellency under my humble roof: owing to rny servants mis- taking the time of his arrival in Cornwall, my horses and carriage were not sent, although I sent an express on purpose to inform them. I was most anxious that he would see these small esta- blishments, and witness !ue struggles I have had to support them. My seminary alone in which I have been generally supporting for the last five years from seven to nine or tea young men has cost me at an average £300 per annum, being obliged to provide be- sides board and education, clothing and every other necessary for several of them who have not the means of procuring those things for themselves. This and the expenses of the buiidino-s here which from first to last have amounted to upwards of £3,000 cur- rency, without the a:d of a single dollar from any human being, have subjected me to serious d fficulties. Dr. Weld has indeed ad- vanced me one thousand pounds towards building a church at Gnelph which has go le partly to clear Mr. Fraser out of Kingston as you know and partly to purchase a piece of ground nttaciied to the house bought for the use of the Bishop in K ngston and partly to defray expenses contracted by the building of other churches; and I am yet after all three thousand pounds more be- hind hand with the Parishoners of St. Raphael of money borrowed for the building of their new Par sh Church, the greater part of that sum th -y will however be able to pay themselves in t me. Of this long detail of my difficulties and embarrassment you are at rty to communicate as ranch or rs little to His Exc.l'ency as vcu may think proper. I shall petition His Excellency on behalf of the Indians of Pcnetanguishine or the Golonial Minister thi r:.s Excellency and to rave postage b tall enclose it under cover te Col. Preset o^r Rep: I - Dk. W. J. O'Grady. 61 visit York in tho coarse of next month if the state of the roads will be such as to render my journey any ways comfortable, I send you enclosed the distribution of the Government money, and you may ncquaint the Gentlemen concerned to draw upon you when their money is reidy for distribution. I request to be most respectfully remembered to your brother and family and Col'l Baldwin and to all inquiring friends, and believe me to be with sincere regard and esteem very Rev. and dear Sir, Yours truly, f ALEX. REGIOPS, Ep. P. S. — You will be pleased to send me a check on the Mon- treal Bank, which Mr. Harper will give you, if you lodge the money with him for the quotas of the four schoolmasters and of the Rev. Mr. John McDonald of this parish, amounting in all uo £75 16 4 Stg. lours A. McD. The Very Rev. W. J. CTGrady. 396. Have you any other evidence to offer in proof of the misapplication of the public money by Bishop M'Donellt — I have the evidence of the Rev. Laurence Dempsey, and the Rev. Edward Gordon, taken before the Parish Commissioners, and also the evidence of Peter M'Dougall, Esq., regarding the repeatedly expressed opinions of the late Inspector General. [The Committee decided not to receive in evidence the duplicate of an affidavit of Dr. O'Grady and Peter M'Dou- gall, Esq., nor the testimony given before the Parish Commis- sioners.] I have repeatedly heard the late Hon. James Baby say that Bishop M'Donell never submitted to his inspection an account of the disposal of the Government appropriation, for the sup- port of the Roman Catholic Clergy and Schoolmasters of this Province, and that he, the said James Baby was of opinion that he (the Bishop) annually abstracted a considerable portion of the sum for his own private purpose and uses, and also that the Rev. Wm : Eraser frequently assured him (the said James Baby) that to his knowledge, such was the case. QUESTIONS RELATING TO TOLLING PLACES, WITH THE ANSWERS OF CER- TAIN MEMBERS OF THE HOUSE. Question First. 399. Would you recommend more than one place at which to take the votes of the qualified Electors, for the County or Riding you represent? Assem. No. 21. o 62 QUESTIONS RELATING TO Question Second. 400. If so, what places would you propose as the most suitable at which to hold the poll three days alternately 1 Question Third. 401. If one polling place would in your opinion be suffix cient, what place would you recommend as the most central or otherwise suitable for the Election "? ANSWERS TO THE ABOVE. DR. W. BRUCE, Member for Stormont. Ansiver to 401. — The line between the towns of Cornwall bruck. JOHN BOWER LEWIS, Esq., Member for Carleton. To Question 1. — Yes. To Question 2. — At Richmond, and the lower part of the Township of Huntley. DENNIS WOOLVERTON, Esq., Member for the 1st Riding of Lincoln. To Question 1. — In the first Riding of the County of Lin- coln, which I represent, there is but four Townships, there- fore I think one Polling place is sufficient. To Question 3. — I would recommend Smithsville in tlie Township of Grimsby as the most central. THOMAS PARKE, Esq., Member for Middlesex. To Question 1. — I am opinion that taking the votes by Townships would be most accomodating and efficient, yet, dividing the County into four parts would be a great improve- ment on the present system. To Question 2. — London, St. Thomas, Delaware, and Gar- dener's Mills, in Mosa, would from my information be the most suitable. To Question 3. — One polling place is not sufficient for the County of Middlesex ; but if there must be only one, I think London would give the most general satisfaction. JOHN A. WILKINSON, Esq., Member for Essex. To Qvestion 1. — I would recommend the Committee to leave the measure as it now stands, if you wish to please the Electors of the County of Essex. Polling Places. 63 To Question 3. — At the District Town Sandwich, where it is situated in the most populous Township in the County or District. NATHAN CORNWALL, Esq., Member for Kent. To Question 1. — I consider one place sufficient to hold ths Election in the County of Kent. To Question 3. — At the town of Chatham. FRANCIS L. WALSH, Esq., Member for Norfolk. To Question 1. — I would recommend that the County of Norfolk, including the Townships of Walpole and Bay ham should he divided into two Ridings for the purpose of being divided into a separate District as well as to enable the Elec- tors more conveniently in that case to hold Elections for that County. To Question 2. — In the event of the said County being being divided into Ridings, I should propose that the Elections for the East Riding should be held at the Post Town of Sim* coe — and for the West Riding, until a more central situation can be established, at the town of Fredericksburgh in the town* ship of Middleton. To Question 3. — Should this County remain undivided into Ridings, in that case, I would be of opinion that the County Elections should be held at Vittoria, only ; as the additional expenses of holding the Elections would, in my opinion, oper- ate, with other reasons against their being held in different places during the same Elections.. THOMAS M'KAY, Esq., Member for Russell, To Question 1. — No, the principal part of Sotrlers m Cumberland, Clarence, and Gloucester, are located along the Banks of Ottawa River. I believe they are not more than two miles back, Gloucester extending up River Rideau is tol- erably well settled, so is Osgoode. It is difficult for me to say whether more places than one is necessary or not, should it be thought necessary, the line between Gloucester and Os- goode I think is the most proper place in that direction. On Ottawa between Clarence and Cumberland. To Question 2. — Answered above. To Question 3.— The place where it was held first at, is New Edinburgh in Gloucester, it was thought the most centra! and easiest plaee to arrive at by Steam Boat or otherwise, it being at the junction of Ottawa and Rideau River.-:, but that being my property, 1 beg to refer you to the maps. 64 Questions relating to HIRAM NORTON; Esq., Member for Grf.wille. To Question 1. — I would recommend three different places for holding the Elections. To Question 2. — Prescott, Merrickville, and Kemptville. To Question 3. — If but one place should be thought best, J would recommend Prescott as the most suitable place, but Kemptville as the most central in point of territory. HARMANUS SMITH, Esq., Member for Wentworth. To Question 1. — The County I represent is not so large, but the votes can readily be taken atone place of meeting. To Question 2. — If the poll was kept open for three days alternately, at different places, I would recommend the villa- ges of Stoney Creek and An caster. To Question 3, — I consider Hamilton, the County Town, the most convenient place, and sufficiently central to hold the Elections. JACOB RYMAL, Esq., Member for Wentwortii. To Question 1. — The county I represent is not so large but that all the votes can be polled at one place in six days. To Question 2. — If two places of polling of 3 days alter- nately I should recommend the villages of Stoney Creek and An caster. To Question 3. — I think Hamilton, the county town, the most central place, and would meet the wishes of the inhabi- tants of the county. WILLIAM B. WELLS, Esq., Member for Grenville. To Question 1. — I would recommend three places. To Question 2. — The town of Prescott and the villages of Kemptville and Merrickville. To Question 3. — The village of Kemptville. JACOB SHIBLEY, Esq., Member for Frontenac. To Question I, — I would. To Question 2. — At Waterloo, two days; at William Ash's, in the 1st concession of Loughborough, two days ; and at Barrey's Field in Pittsburgh, two days. PETER SHAVER, Esq., Member for Dundas. To Question 1. — I would recommend the poll to be held m different places of the County of Dundus, at least in four ©f its townships. Polllng Places. Go To Question 2. — In the township of Mountain, at the \\ j- dow Jackson's, one day ; in the centre of Matilda, at the Widow Shaver's, two days ; for Williamsburgh, at Philip Munroe's, two days; for Winchester and rear of Williams- burgh at Mr. Rosenbergen's, one day, I would wish the polls to be kept where the Courts of Requests are now holdcn. D. A. E. McDOXELL, Esq., Member for Stormowt. To Question 2. — I would propose that the poll be held three days at , in the township of Osnabruck, and for the first three days at the town of Cornwall, in the township of Cornwall. I would beg leave to remark that the Committee are to take into consideration whether it would be prudent to remove the election from the county town where the district buildings are, for in case of disturbances as lately occurred at the county of Leeds election, a place of convenience could be had for troublesome characters. (Signed) D. A. E. McDo.nell. DONALD McDONELL, Esq., Member for Glengarry. To Question 1. — The County of Glengarry, which I re- present, being one of the most populous counties in the Pro- vince and containing I should say 1,200 freeholders, I would recommend two polling places. To Question 2. — The village of Williamsburgh in the township of Charlottenburgh, and the village of Alexandria, in the township of Lochiel. To QucctionS. — The village of Alexandria, being nearJv lhe centre of the county. GEORGE S. BOULTOX, Esq., Member for Durham. To Question 1. — Yes, every township in the county. To Question 2. — Every township, but for one day only. To Question 3. — If only one place I should suppose th© present mode adopted, the best. GEORGE RYKERT, Esq., Member for Lincoln. To Question 1. — For the Riding I have the honor to re- present I think one place quite sufficient for polling all the votes. To Question 3. — I conceive St. Catharines to be the most central both in territory and population, and therefore most suitable for holdinsr the election, ©6 QUESTIONS RELATING TO EDWARD MALLOCH, Esq... Member tor Carleton, To Question 1. — Yes. To Question 2. — Richmond and the lower part of the town ship of Huntley. To Question 3. — If only one place thinks the 12th con- cession of Goulburn most central, but thinks Richmond the most suitable place for the convenience of the whole electors. WILLIAM MORRIS, Esq., Member for Lanark. To Question 1. — I would recommend two places. To Question 2. — I would propose Perth and Carleton Place. SAMUEL LOU.NT, Esq., Member for Simcoe. To Question 1. — Yes. To Question 2. — I would recommend the polling at all places to be going on at the same time. I recommend Hol- land Landing, Barrie, Narrows of Lake Simcoe, and some- where on the township line between Tecuiuseth and Adjala. JAMES DURAND, Esq., Member for Halton. To Question 1. — Yes, I would recommend three places at which to hold the elections for the county I represent, I would also further recommend a prolongation of the time now fixed b}' law for that purpose, from six to nine days. To Question 2. — I would propose for the first three day? the village of Ilannahsville, in the township of Nelson ; for the second three days the village of Preston, in the township of Waterloo ; and for the third three daj's the town of Dun- das, in the township of West Flamborough. WILLIAM McCRAE, Esq. Member for Kent. To Question 1. — I should not recommend more than one place to hold the elections in the County of Kent. To Question 3. — The town of Chatham. FRANCIS CALDWELL, Esq., Member for Essex. To Question 1. — I would not recommend more than one place at present. To Question 3.— Sandwich as being the county town. Tolling Places. G7 DAVID THORBURN, Esq., Member for Third Riding Lincoln. SIR, The Circular letters signed by you as Chairman of the Committee on Grievances, relative to holding elections. The one you did me the honor to send for to fill an answer in, I have sent to a Committee of the electors of the 3rd Riding of Lincoln which I have the honor to represent, for the opi- nion of the freeholders, which has been had and is annexed, the wish of the freeholders is expressed therein. I have the honor to be, Sir, Your obedient servant, DAVID THORBURN, M. P. 3rd Riding Lincoln, To \V. L. Mackenzie, Esq. ^ Chairman of Com. on Grievances. ♦ To David Thorburn, Esq. SIR, After taking into consideration the question pre- sented to the Committee for their consideratian, relative to the place or places for polling the votes for the 3rd Riding, county of Lincoln. The Committee are of opinion that one place would be sufficient at or near the centre, viz : Matthew Seburn's, Innkeeper in ThoroH. GEORGE ROWE, Corresponding Secretary. By order of Committee. Wm. H. MERRITT, Esq., Member for Haldimand. To Question 1. — I have never given the subject much con- sideration, but think it would be a convenience to the inhabit tants to take the votes at two places. To Question 2. — At Dunnville and Stoney Creek in Rain ham or VValpole. HENRY W. YAGER, Esq., Member for Hastings. To Question 1. — I should recommend two places for hold- ing the eleciion in the county of Hastings. To Question 2. — Three days in the village of Bellville, and three days at John McCoy's in Huntingdon, and but one Re- turning Officer. 68 Evidence of FRIDAY, 6th day of MARCH, 1835. The IIon\ JOHN HENRY DUNN, Receiver General, called in and examined. 402. Ought not the whole public revenue to be paid in the gross into the Exchequer or Treasury of the Colony, and the proceeds applied only according to Law ? — That is the case. There are two distinct revenues, one under the control of the Provincial Legislature, and the other under the control of the Lords Commissioners of His Majesty's Treasury. 403. Under what law do the Lords of the Treasury'- exer- cise a control over the Casual and Territorial Revenue ? — I do not know. 404. Where are public balances in the different departments deposited, and what may be the average amount deposited, paying no interest? — The balances in the Public Chest are exceedingly fluctuating and uncertain, the deposits are made for the general convenience and benefit of the public ; sometimes there are large balances in my hands, and sometimes none at all. 405. From all sources whatsoever, what may be the aver- age balances of public monies in your hands? — I think the balance may average within these few years about £10,000. 406. Do you think any of the Banks in this Province, a proper and safe place for public deposits ? — I think the Banks safe places for the deposit of public monies. 407. What security do you give the Province for public balances ?— £80,000,' viz : £10,000 Mr. Clark ; £5000 Mr. Street; £5000 Mr. Wm. Dickson, Forsvth & Richardson; £20,000 Mr. Dunn of London (my father) ; £10,000 stg. and my own personal security £30,000. 408. The Legislative Council refused several times to as- sent to bills sent up by the Assembly for appointing Commis- sioners to meet Commissioners appointed by the Legislature of Lower Canada to consider of matters of tr^dc, revenue, in- land navigation, and other affairs of mutual importance to both Provinces, was not that refusal injurious to the interests of the two Colonies ? — I think it would have been better if Commissioners had met to have decided on the improvements of the St. Lawrence, in which the two Provinces are so in- timately connected. If such a Commission could be carried into effect, it would, I think, have a mutual good result in the intercourse of both Provinces. 409. Does the supervision of the Inspector General of Pub- lic Accounts, extend to all revenue raised and expended in the Province ? — I think it docs. The Hon. J. II. Do.m M 41»\ Wlnt check would you propose on natty, partial and injurious legislation in England, affecting the commerce and through it the general interests and prosperity of this Colony T — I am not prepared to state any remedy. 411. Hare not the resident settlers, by the improvement*: thev have made, and the House of Assembly by it* liberal jrranfs for roads and bridge?, and in aid of inland navigation, given to the public lands their greatly increased value, as com- pared with 1792? — Most unquestionably. 412. Mr. Wm. Chishohn is put down in this" return as hold- ing only the office of deputy postmaster — Has he not lately been appointed Collector of Custom? at a pface distant from his post office? — He has been appointed Collector of Cus- toms for Oakville. 413. Is he not a merchant trading at that place and im- porting goods? — I really do not know. 41 t. VVe see in trie Canada Company's returns a pension, af £400 to Co4. Talbot, a pension or allowance of £500 to the Bishop of Rcirropolm, a pension to Sir W. D. Smith ia England of £200, a pension to the family of General Shaw of £100, a salafy to an agent here for the service of paying these monies and other sums. These payments are made from the public revenue of this Colony. By whose authority are they so made ? — By the Lords Commissioners of the Trea- sury. 415. For what service do yon receive £200 sterling out of the funds of the Canada Company ? — For the large accumu- lated business connected with the Crown duties. 416. Do you not receive other £200 sterling as Receiver- General of Crown Lands? — I receive £400 sterling in all, besides £700 sterling: per annum from the Province. 417. How often do you account to the fnspector-General for your intromissions as a manager of public funds ? — Tft-ice a-year — 30th June and 31st Pecember in each year. 41£. Who made out the return of your income for t8Sr>, placed in the Blue Book sent to England ? — Mr. Turquaod ; it was correctly made out and embraced the different items of my income. 419. Can you point out to this Committee any Law of the Province, establishing the Executive Council a board to juctga and audit the accounts of public officers and others? — No* 420. What Bank notes have the greatest circulation in this Province? — [ think the Commercial Bank, at this moment, becanse I receive the most of their bills. 421. What is thp amount ot the debt due bv the Province ? — £l£0,5&n currency, and £176,600 sterling^ on the I5tk Jan- uary, [b'S5. r 70 fcviDLSCE 0? MONDAY, 9th day of MARCH, 1833 BERNARD J \ Es :. called in and examined.-* U first Clerk ^ceiver-GeneraTi office. [The retui >fthe House of Commons of the rec.jp s a.;J p ia Company is shewn tu 422. Is nent m the shape lu which it was, trhefl yjvi • — I believe il 423. Did it c us oi £324 and £540 paid to Dr. Strachan ! — I itj I Lave do it it die!* 424. Have the ?ilms of £-224 and £540 been actually pa*i4 tu the Doctor I — T . s &eie nut paid to the Archde*- a this Province*? but were with ies n.enticmrd I to ilie C any (including i their hrst instal- . . c ice of the ; been paid to tl.tm iu «t on that subject in the J to the Archdea- exchangp at eight p..r t 425. It appe ..al salary of £500 has beefi md £1000 before: U.;J made 1 — Under the - of His Majest y's Trea- surv conveyed :.i a Despach from the Colonial office: the ?, which, heretofore, formed part of - | I .■.-Governor #1 this Pro", i 425. Are there outstanding monies now dug tu the Govern* Hienll — It is unknown to our department, 422. Whose duty is it to keep an account if or-.rstanc* . to the Pj . tU I — i be* lieve t'.;i Inspctor- ! 428. O hole public revenue to be f*ai# in th* grOiS into , y of the Colony, and tho procet - , I — I think ail public revenue ofei -J into the hands of 0..6 42J. D lof the fnspector-Generafextrna to .-'..1 public revenue . Province 1 — I ha\eno doubt of i*, aj all the 5 go to bis cilice fur in* Spec; on. 43?. Where are publi i the different depzrt- .r?~e amount depo- B. TVrquand. Tusq. 71 sited, p?.y' in £ no interest? — For several years past, I think th •f each period, and although the balances ma}' appear large in the accounts, they are immediately reduced by the demands of the preceding half-year. 431. In case the different public accountants neglect to send in their monies to your office regularly, what steps rre you authorised to take? — The bonds of the different public ac- countants are lodged with the Jieceirer-General ; and when any defalcation occurs they are sent to the Atterney-General for prcsecution of the party concerned* GILBERT McMICKING, Esq,. M. R .I\, roa Ltseoisr CJou^tt, callid in and examined* 432. Are men chosen to fill the commission cf the per.ee rnd the offices of the district who hare been lon^ resident in it, or Are strangers more generally preferred ? — Latterly, strangers. 483. Are the justices of the peace resident in your county chosen exclusively from one party in politics, or indiscriminately from respectable snen entertaining; various political opinions ? — They are principally half pay officers and strangers ; I mean the late appointments. 434. Are the common schools in your district sufficiently nrc- merous and efficient for the wants of the country ] — I should think not. 435. Do you think the Lieutenant Governors ef themselves possess a sufficient knowledge of the inhabitants of the several districts, to enable them to select judicious persons as justices of the peace? — I should rather think not. 436. Have not the resident settlers, by the irr prove merits they liave made, and the House of Assembly, by its libera! grants for roads, brinies, and in aid of inland navigation, given to the pub- lic lands their greatly increased value, as compared with 1792?— Certainly. 437. Ought not the revenue arising from these lands to hare freen applied to the liquidation of the war loss cla ms, instead of increasing the public debt and duties on imports for rhat pur- pose? — I should think so: I once dined with General Rrown, in a canal boat, travelling to Foclie*ter, when, speaking of the late war, I asked him what the United Slates could have had in ri^ir In invading Canada; his answe w was, thai the Crown and Clergy Reserves would in a manner have recompensed them for the ex- ^♦nditnre-. EriDKXCK OF 49A. Would not the British constitutional system, by which the head of the gMvemment is obliged to chooee his councillor* j'ud principal officers from among men possessing the confidence •f the popular branch of the legislature, be more suitabIe*to the~ wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of government! — Certainly, it would be better adapted to the wishes of the people. 4**39. Why have you formed this opinion? — Because an arbi- trary government does not suit an enlightened community. 440. What check would you propose on hasty, partial and in- jurious legislation in England affecting the commerce, and threugh it the general interests and prosperity of this colony I — Only by a fair representation to the British Parliament. 445. The undue preference and exclusive privileges granted to certain religious denominations, are much complained of; \ronld it not tend to strengthen good government if they were altogether abolished? — I think it would. There are 2,500 acres of land in the 4th Riding of Lincoln, that were surveyed and re- served between 1787 and 1789, in lieu of side lines ; they are de- nominated on the surveyor's plan as glebes. Last summer, in June I think, through the interest of Mr. Anderson, the Episcopal elerpyman aud two of the Wardens of St. Paul's Church at Fort Erie and Bertie, there was a license of occupation granted for 1,500 acres to Westley Lewis and Alexander Douglass, as said Churchwardens of Mr. Anderson's church; we complain that this property belongs in common to the several townships as commons, in lieu of side lines. 443. Would not it be desirable that the Clergy and Crown Reserves and all reservations of land, otherwise than for educa- tion and roads, were disposed of for public purposes under the control of the Legislature ? — I should think so. 444. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Colony, and the pro- ceeds applied only according to law 1 — Certainly, that is my im- pression. 445. What check has the House of Assembly on the ether branches of the Government, as a means of preventing executive usurpations of popular rights? — Jn my impression, it has never had any. 446. Many complaints are made that the judges and clergy- jvien of the Church of England and Rome, hold seats in the Exeeutive and Legislative Councils; are not such seats incom- patible willi their spiritual and judicial functions ? — I should think so, 447. It is complained to His Majesty that sheriffs hold their offices in abject dependence on the will of a government irres- ponsible to publx opinion ; — that they choose the grand and pe- tit jurors without reference to their fitness, but often from politi- cal considerations :— what remedy would you provide to see (ire the subject a fair trial by jury? — Perry's Jury Bill. 448. In what manner are appointments in the militia made in vour district? — Militia officers are recommended by the Colonel and conimbsiened by the Lieutenant ftovcrBer. G. McMiciwa, E.q.,. If. P. P. 73 449. Woald it not be an advantage to the people if a law were pasted for the abolition of Militia training* 1 — Ye*, because Mi- litia training! are attended with maut evil consequences and ne good. 450. What are your objections to the Legislative Couneil as how constituted ? — I think a majority of them are men who do not study the wishes of the people, nor the interests of the country. 451. In case the House of Assembly, or large bodies of the people should be of opinion that a public officer deserved impeach- ment, by what means could he be tried ? — That I cannot answer. 452. Is it just to the Baptists, Quakers, Menonists, Tunkards, Independents, Stceders, and other classes of Christians, who*e spiritual teachers receive no share of the public revenue for .■tikeir religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and that the Methodist Minis- ters shouid, without the sanction of the Legislature, hare a bounty paid for the performance of their religious duties? — I lihiuk it very unfair. 453. Do you not consider the custom of pensioning the jud- ges to a large annual amount by orders from the Colonial Office, out of , the Upper Canada revenue and without reference to the Pro-*i-neiai Legislature, destructive oi the independence of the bench in a great measure ? — I do. 454. is not tli-e appointment of public officers and magistrates by an irresponsible executive government destructive in a great degree of the power of the people iu.t.he Censtitution? — It tends very much to their dissatisfaction. 455. How can a bench of judges dependent on the Colonial Office for their customary retiring pensions, and independent of the House of Assembly, act impartially between the parties, in cases where a collision may arise, between the Legislative and the Executive Departments in this Colony, or between the Bri- tish Statutes and the Provincial La^s? — I do not thiuk they ean. 45o. What objections can be urged against a fair and equal re- presentation of the qualified electors in the House of Assembly T Why should four townships in one part, with 4,000 inhabitants, send two members; and five or six in another part, as a Riding, with 15,000, send only one: this arrangement being based neither on extent of Territory, property, nor population ? — I think the system of the representation unjust. 457. What mode would you recommend for the better govern- ment of the Post Office, and for allowing the control thereof to the Colony? — 1 should recommend the passage of a law by the .Colonial legislature. 458. Is not the tax on newspapers for the personal advantage .of Mr. Stayuer a strong ground of publie complaint? — From what I have lately learned, it is. 459. Did not the Canada Committee of 1828 recommend that the whole public revenue should be under the control of the House of Assembly ? — I have not seen that Report. 4fl9. What Board of Audit is there in the Province ? — I doa'l know ef any. 71 EfllJfiNCB OF 460. Does not a rtwt animal additional expense fafl on tie Province, owing to the continual rejection of bills of a general character sent up l>y the Home of Assembly, rejected in th« Legislative Council, and again introduced, debated, snd sent up by the House of Assembly ?— There must be a great deal of ex- pense and loss of time. 462. In what way does the sheriff of ycur district do hi* fluty 1 — 15 y deputy. 463. Has not the present irresponsible system of government in Upper Canada a tendency to discourage the emigration of the more wealthy and enterprising elass of emigrants into the Pro- vince? — To my knowledge the most wealthy of the emigrants po to the United States and reside there ; they allege that thejr Kike the management of that country. JAMES DUI? AND, Esq., M. P. P., for IIalton Co****, called in and examined, r 464. Has not the present irresponsible system of Govern* ment in Upper Canada a tendency to discourage the immigra- tion of the more wealthy and enterprising class of emigrants into the Province ? — I am fearful that it has that tendency, as a great number of wealthy emigrants settle in the United States, very many persons of large capital. 465. How many actions is it usual for the Bank to raise against a defaulter, whose note has two endorsers ? — Gene- rally three. 466. Have you made recommendation?; to His Excellent}' for fit men to be placed in the Commission of the Peace t — I never have. 467. Are the Justices of the Peace resident in your coun- ty chosen exclusively from one part}' in politics, or indiscri- minately from respectable men entertaining various political opinions? — Most generally from men on the ministerial side, in politics, very frequently half-pay officers, and newcomers not known to the people; which is a subject of complain'. 468. Are men chosen to fill the Commission of the Peace nnd the offices of the District who have heen long resident in gfcj or are strangers more generally preferred ?— Latterly I think they have heen mostly new comers, and persons in whom the people have hut little confidence. 469. What hank notes have the greatest circulation in your -District? — [ have an idea the Commercial Bank circulates as many as any, if not more in the District where I reside. » 470. What is the population of the county you represent? —About 30,000 souls. J. Dliund, EHi m! p. r. 73 471. Have die monies arising from the sale ef wild land) far assessed taxes, or from payment on such assessments on- liiese lands, been prudently "expended by tiie Magistrates in your District I — I lu.i not sure ; but think I have heard of some complaints. 472. Are the Common Schools in your District sufficiently numerous and efficient for .he wants of the country l^— I think not, generally speaking. 473. What is your opinion of the Canada Company? — I think they are a speculating bedv, who will yet do great inju- ry by a cumulating wealth j by draining the country if money and sending it to England. 474. Would not the British Constitutional system, by which the head of the Government is obliged to choose His Coun- cillors and principal officers, from among men possessing the confidence of the popular branch of the Legislature be moro suitable to the grants and wishes of the couniry, if adopted in Upper Canada, than the present irresponsible mode of Go- vernment? — I am decidedly of opinion that it would, and bu in unison with the wishes of the j?e*pio-. 475. Ought not the whole public reve/iue to be paid in tha gross into the Exchequer or Treasury of the Colon}*, and the proceeds applied only according to law ?-^Certain!y, 1 think so, hv a well administered Government* 476. Tins undue preferences and exclusive privileges gran- ted to certain rcjiffious 4enomf»i*ttons , are much complained ef — would h nut fend to strengthen good government if they Ifbre altogether abolished 1— Yes, I think it vould be well to abolish a'l invidious religteufl fffeiti*€ti6n? A 47/» A verv lafge sum of moifey, collected by direct taxa- tion, is annually entrusted" to |he Magistrates, they bein^ ir- msible to thg pfltft either directly or indirectly; would it not be flfofle in accordance with the genius and spirit of the Constitution ff these monies were pfaceicl under the control of persons appointed by-tha cgualined electors'! — I should thiuk k gosttfba tHo^e satisfactory to the people, to place the con- Vv\ U theif hands, iJu> V\ tat are Vouf objections to the Legislative Council &s now constituted? — I thiuk the Members too often are re- gardless of the wishes of the people as appears by the fre- quent rejection of useful laws passed by the House of Assem- bly Ujf their benefit, ana if made elective, would be moro hkclv to study the wishes of the country, 473. Do you not consider the custom of [tensioning tho Judges to a large annual amount by orders from the Colonial Odice, out of th-i Upper Canada revenue, and without refer- I a to the Provincial Legislature, destructive to the inflo- 7$ Evidence of pendencc of the Bench in a great measure ? — I think the pen- sions allowed to superanuated, or retired Judges heretofore quite too large. 480. Are there not too many depemfen-t r/ersons and holders ef office in the Legislative Council f — I think there are, to act independently, for the people. FRIDAY, 27th .MARCH, 1S3j, The Hon. GEO. II. M ARKLAND, lNsPFCTOR-Grt«RAL of Public Accounts, Member of the Exr.crTrvi Coi-ncii,, and Mejikr of tub Legislatiye Council, called in and Examined. 481. In the return made to His Majesty's Government for 1834, upon information obtained, it is presumed from your office, we find that £550 sterling paid to the Methodists is withheld. Why has it been kept back ?— It was inadvert- ently omitted in copying from the Warrant Book. As the authority for the payment was a despatch from Mr. Stanlev and the money was accounted for by the Receiver-General in the accounts transmitted by him to the Treasusry, there would be no want of information on the subject. 482. In cases where the different public accountants may have neglected to transmit their accounts periodically to ynnr office for inspection, what steps have you taken ? — I take what- ever steps the law points out when they are controlled by the Paw. On other occasions, make it known to the Lieutenant Governor. 483: Woultf it not be desirable that the whole ef your duties as Inspector General should be accurately defined by' law T — It would be much more agreeable to me, provided it was consistent in every respect with my office, which of course is subject to the orders of the Lieutenant Governor. 484. What account have you to shew this Committee who* arc in arrear on leases, ferries, bonds, «fcc? — The account, so far as I am concerned,- has been transmitted with the public accounts, except in one or two instances where arrangements have been made with the parties, in order to save loss to the puhlic. 485. Can you shew this Committee the detailed accounts and vouchers of the monies paid to the Methodists in 1883 and 1834, amounting to £28001 — The vouchers are the war- rants in the bauds of the Receiver General. 486. On referring to the Journals ol 1833-4 (Appendix The Hon. G. II. Marklaxd. 77 page 19,) it appears that £281 15s 5.^1 was due by Mr. Soli- citor Genera) Hagerraan in a balance on his receipts as Col- lector of Customs several years before. How was that debt settled 1 — The Solicitor General claims a larger sum from government, which claim is now before the Council, and if allowed would be much more than a set off against that sunl- it therefore would not have been accurate to state it as money likely to become available. 487. It appear* by documents sent down to the House, that £795 18s 10J and £143 13s llj £939 12s 8d sterling-, were paid to Mr. Chewett (from the duties levied under 14th Geo. 3rd) in 1832 and 1833 because he had paid over that sum, or half his salary and emoluments from 1st November^ 1829, to Mr. Hurd the present Surveyor General — why was this payment made, and when did Mr. Hurd commence his personal services in this country ? — Reference to be had to the parties themselves. 488. Is the Lieutenant Governor obliged, in matters of state policy, to ask your advice as an Executive Councillor ? — In jome cases the law directs that he shall consult his Council, bat not hi others ; with respect to the Land Granting Depart- ment he is required by the constitution to do so. 489. If he asks the advice of the Executive Council is he obliged to follow it ? If he asks your advice and disagrees with you in opinion can he resist your suggestions and follow the dictates of his own judgment'? — An answer to this ques- tion is contained in the reply of His Excellency to an address of the Assembly on that subject. 490. If the Lieutenant Governor sees fit may he not call for the opinion of any one, two, or three of the members of the Executive Council, without summoning the others'? — The Lieutenant Governor is at liberty to take advice of any one of his Council when he pleases. When he takes their advice* in Council, they are all summoned to attend. 401. If His Excellency receive Despatches from the Colo- nial Office, can he act on them as he sees fit without the advice of the Executive Council? — It depends upon the nature of the Despatches. 492. If he does ask their advice can he submit an extract ©f the Despatch to their consideration, or are all despatches and communications between the Lieutenant Governor and the Colonial Office, enregistered and open to the inspection of all the members of the Executive Council ? — J do not answer tli.it question. 493. lias the Lieutenant Governor the power of appoint- in- honorary and ordinary members of the Executive Coun- cil? — No, the appointments are made by the King. Assem. No. 21. <4 78 Evidence of 404. Have you read Mr. Elmsley's loiter, advertised in tir newspapers in resigning his scat at the Executive Council Board, and are the statements contained in it susceptible of any explanation? — I have read the letter and have nothing further to state on the subject, 495. If the Lieutenant Governor should be desirous of paying away the revenue on his own responsibility, or with the advice of the Executive Council, without the sanction of law, what check is thereto prevent his doing sol — I think the question could be best answered by the Receiver General in whose charge the revenue is placed. 496. To whom are the Executive Councillors responsible for the advice they give the Lieutenant Governor at any time ? — This question has been answered in the reply of His Excel- lency before alludecf to. 497. In case the Executive Council had recommended r. grant of land to be given to any person on petition, during the period when land was granted here, could the Lieutenant Governor refuse or confirm their decision, at his pleasure, of was he bound by their acts 1 — He could refuse or confirm as he pleased. 498. Referring you to the despatches of Sir Peregrins Maitland to Sir George Murray, printed by order of the House of Commons, and containing an account of certain circum- stances arising out of a military outrage, alleged to have taken place at the Falls of Niagara, wherein the private character of JMr. Forsyth, the complainant, is assailed, a select committee of this House denounced as " conspirators," and the House it- self described to His Majesty as " an unprincipled faction" — the Committee wishes to know by whose advice and on whose" responsibility these despatches were written V — T do not desire to answer that question. 49P-. Would not the British Constitutional system, by which the head of the government is obliged to choose his Council- lors and "principal officers From among- men possessing the con- fidence of the popular branch of the fcegislature; he more suitable to the wants and wishes of the country', if adopted in Upper Canada, than the present irresponsible mode of gov- ernment? — I do not desire to offer an opinion on this subject. 500. What arc your objections to an Elective Legislative Council ? — I have no desire to give an opinion on any general subject where the reasons for that opinion cannot be under- stood and recorded. §01. The vote by ballot in elections is prayed for in many petitions both to the Assembly and to His Majesty. What is voar opinion of this mode of voting? — 1 decline giving my ©pinion upQU'that question. Tin: HoN.O. M. MarklaNd. 70 '.'. Do you not consider the custom of pensioning the Judges to a large annual amount, hy orders from the Colonial Office, out of the Upper Canada revenue, and without refer- -etice to the Provincial Legislature, destructive of the indepen- dence of the bench in a great measure'; — I .do not give any opinion on that subject. 503. How canatbench of judges, dependent on the Coloni- al Office for their customary retiring pensions, and indepen- dent of the House of Assembly, act impartially between the parties in cases where a collision may arise between the Le- gislative and Executive Departments in this Colony, or be- tween the British Statutes and Colonial Laws'? — 1 do not be- lieve it would influence their decisions, and is certainly bet- ter than their being dependent on the people. 504. Do you think the Lieutenant Governors of themselves have a sufficient knowledge of the inhabitants of the several districts to enable them to select judicious persons as justice* oi the peace 1 — They may be possessed of it by making pro- per inquiries from the persons in those districts, and I have no doubt they do so, 505. In case the House of Assembly, or large bodies of .the people, should be of opinion that a public officer deserved impeachment, by what means could he be tried 1 — The Go- vernor might be addressed to remove him from office, and if it were just he could do so, 506. It is complained to His Majesty that sheriffs hold their offices in abject dependence on the will of a government irresponsible to public opinion ; that they choose the grand and petit jurors without reference to their fitness, but often from political considerations; what remedy would you pro- vide so as to secure to the subject a fair trial by jury A — They arc now governed in their duty by the law, and the law may be changed whenever the three branchesacccde to it, 507. Have not the resident settlers, by the improvements they have .made, and the House of Assembly, by its liberal grants lor roads and bridges, and in aid of inland navigation, given to the public lands their greatly increased value, as compared with 1792? — Both circumstances have increased the value of those lands tcgether with the increased demand caused by immigration. 508. Ought not the revenue arising from those lands to have been applied to the liquidation of the War Losses claims, instead of increasing the public debt and duties on imports for that purpose ° — I have no reply to make to that question. 509. Do you know why the Province is paying £200 ster- !i,;;r a year to England as a pension to Sir D. W. Smith, a -Northumbrian Baronet? — I take it for granted it is by an or-i der from Iri^ .Majesty's Government. 80 Evidence OF 510. If £200 was considered an equivalent provision for a surveyor general, on what principle was £400 lately grant- ad as a pension to Mr. Chewett who merely held the oihcc of acting surveyor general? — It is by an order from the King'i Government that pensions are assigned to the servants of the Crown. 511. Is it just that the Baptists, Quakers, Menonists, Tun- kards, Independents, Secedcrs, and other classes of Chris- tians, whose spiritual teachers receive no share of the public revenue for their religious services, that the Clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and that the Methodist Ministers should, without the sanction of the Legislature, have a bounty paid for a performance of their religious duties? — I have no opinion to give. 512. Would it not be desirable that the Clergy and Crown Reserves and all reservations of land, otherwise than for edu- cation and roads, were disposed of for public purposes, under the control of the Legislature? — I have no opinion to giv# this Committee on those subjects. 513. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Colony, and tha proceeds applied only according to law ? — I give no answer. 514. What check has the House of Assembly on the other branches of the Government, as a means of preventing exe- cutive usurpation of popular rights? — The constitution is quite as well understood by every person present as by my- self. (The Witness withdrew.) 27th March, 1835. JAMES KING, Esq., again called in and cramincd. 514. *What influence have the Government pensions on the the Catholic clergy of this Province ? — These pensions convert some of them into politicians, and as Bishop McDonell is a pensioner himself and independent of the people, it makes him less anxious to promote the religion, of which, in this Province, he is at the head. I recollect on one occasion the Rev. Mr. Downey, an exceedingly intemperate man, was staggering through the streets, at noon day, intoxicated, coin- in o "from the hospital to Bishop McDonelTs house. I called the Bishop's attention to it through the press; hut nothing was done. I believe that the disputes between the Bishop and Doctor O' Grady had their origin in politics. Tin; Hon. am> Visn. John Strachan. 81 Prior to the Bishop's return from his political mission through the Colony in 1831-1832, he left directions with Dr. O'Grady to call a' public meeting of the Catholic people of thh place to address His Majesty on behalf of the local Go- vernment; the meeting was called by the Inspector General, (Mr. Baby) and others and the requirement met with no support. The Bishop, on his return, expressed displeasure that Dr. O'Grady had not taken active means to insure the success of the meeting; he then called one himself. The Bishop sent forme that morning and requested that I would join him; I told him that 1 would attend no political meeting exclusively of Roman Catholics, apart from the rest of the population of ihe place ; when he took me by the arm to endeavor to get me to attend, but I would not. From that time forward the Bishop's manner was altogether changed, and I date frora thence the commencement of all the hostility which has sinca existed between the Bishop and the Rev. Dr. O'Grady. WEDNESDAY, 1st April, 1835. The riox. and Vex. JOHN STRACHAN, D. D., Archdea- con of Toronto, a Mi miser of the Legislative AxND Executive Councils, called in and examined. 515. What offices and places of emolument and trust do you hold under the British and Colonial Governments? — Pre- sident of King's College, no salary until the University shall go into operation — Archdeacon of York, and Senior Member of the Executive Council. 516. What sum is annually expended from public sources for education in this City ? And how man} children are there ■educated between 6 and 161 — There are about 1200 children in this town ; but as to tile expense of their education I have no knowledge. 517. What objections have you to the bill passed by the Assembly in the 10th Parliament, entitled, "An Act to esta- blish Upper Canada College," and intended to give a more liberal constitution to that public institution? — I have no re- collection of the provisions of the bill. 518. What Board of Audit is there in the Province ? — I be- lieve it is generally known to every body. 519. Is the Lieutenant Governor obliged in matters of state policy to ask your advice as an Executive Councillor? — 1 re- fer you lo the Constitutional Act. .")2 n . If he asks the advice of the Executive Council is hs obliged to follow it? If he asks your advice and disagreei &2 Evidence of vftFi you in opinion, can lie reject your suggestions and fol- low the dictates of lib own judgment 1 — 1 refer you to the Constitutional Act. 5£l. If the* Lieutenant Governor sees fit. may lie not call for the opinion of any one. two or three of the Executive Councillors without summoning the whole ? — 1 cannot answer that question, because I do not understand its object. 522. It* His Excellency receive despatches from the Colo- nial Office, c.3n he act on them as he sees fit, without the ad- vice of the Executive Council I — I have no answer to give to that question. C>23. tf he does not ask their advice, can he submit an ex- tract of the despatch to their .consideration, or are all dis- patches and communications between the Lieutenant Gover- nor and the Colonial Office, enregistered and open to the in- spection of all the Members of the Executive Council I — 1 cannot answer that question. 5-24. Has the Lieutenant Governor the power of appoint- ing honorary and ordinary Members of the Executive Coun- cil t — The Mandamus of the King appoints, whether the one er the other. .5*?5. Can Ice change an honorary into an ordinary Mem- ber? — No- 226. Have you road Mr. Elmsley r s letter advertised in the aew^papers on resigning his seat at the Executive Council Board,, and are tiw? statements contained hi it susceptible of 3«y explanation! — I have no hesitation in saying the state- ment was not correct. 527. If a Lieutenant Governor should he desirous of pay- ing avray roe revenue on his own responsibility or with the advice af the* Executive Council; wii hoot the sanction of law, what cheek is there to prevent ru\ doing so 1 — 1 could not an- s-nrer that cf.teslkwj as it assumes a case of which! have no ejpeffenee. 523. Sir P. M Mtland gave a Warrant upon Mr. Dunn, on iTrh Mbrch, 1825, for £141 14 8J for expenses incurred lor bireino - is for him and his suite in visiting ihe settle- ments ib the month o'C February previous. The order was given o:.< the Casual sod Territorial Revenue; can the Lieu- tenant Governors ^raut Warrants Sbr sums not authorised by •i'euti;" ? — \ have no answer to gii •of are the Executive Council responsible for f>ie advice they nvf the Lieuteu; rnor at any timet — I do n-y- - - ■ >n. Executive Coanc i\ had recotnmenaed a gvjant of >u on petition, duringtlie i k*hen la i was granted here, could ihe Lieutenant The Hon. and Yi:x. John Strachan. rernor refuse or confirm their decision at his pleasure, or was he bound by their acts I — The Governor may or may not agree. 531. Referring you to the despatches of Sir P. Maitland to Sir George Murray, printed by order o*f the House of Com- mons, and containing an account of certain circumstances aris- ing out of a military outrage, aMeged to have taken place at the Falls of Niagara, wherein the private character of Mr. Vorsyih the complainant, is arsailed, a select committee of this House denounced as " conspirators," and the House it- self described to His Majesty as "an unprincipled faction ; '' the Committee wishes to know by whose advice and on whose responsibility these despatches were written ? — I have in* knowledge of the circumstance* 532. When did your Patent as Archdisaeon of York issue? - — I was made Archdeacon in 1824, but owing as I believe to tiie death of the Bishop and the appointment of a new one, and the difficulty of dividing the Province into two Archdea- conries, the Patent was not issued 'till 1826 or 1827* 533. Why do you speak of your salary as Archdeacon of York for 1825 in your letter of 3rd of March, ulto. to Colo- nel Rowan ?— I was considered to be entitled to my salary from the date of my appointment* 534. The sum of £300 sterling appears to have "been pai4 you when in England out of the Canada Company's funds: — in one Return to the House of Commons:, it is stated to be for iervices during the reference — in another to have been for ex- penses in attending the of agreement with the Ca- nada Company : — in your letter of 3rd March you state that it was for your sahuyas Archdeacon of York in 1825 — were two sums paid? — There was only one sum of £300 sterling, paid to me, and I understood it to be as I harve stated in my letter. . 3-M. Can you point out to this Committee any law of the Province establishing the Executive Council a Board to judge and audit the Accounts of pubii-c officers and others'? — I be- lieve that the Executive Council sat as a Board of Audit pre- vious to the enactment of the Constitution and has continued to do so ever since. 536. I';ive your functions and salary as President of the "General Board of Education ceased, and if so, under what authority, and who has succeeded to the emoluments and of- fice ? — I understood, that in consequence of an address of the Mouse of Assembly that beard was suppressed. 5 ;r. By what authority were the Statutes given out by ■act in 1825, and after being we'll and cheaply done have ever since been given at a far higher- price to Mr. Stanton-?—- H have no knowledge of that micstioti. «j4 Evi£>exce of 538. [Witness is shewn the Official Return of bills from the Assembly lost in, or lost by amendments, from the Legislative C MUiet'l, and asked] What change would you propose in the Legislative Council, so that it might better harmonize with the House of Assembly? — I cannot answer that question, for f do not understand it, unless it imply a change in the Constitution to which no loyal subject can consent. 539. Are there not, in your opinion, too many dependent persons and holders of office in the Legislative Council t — Certainly not. 540. What check would you propose against sudden, ill- advised, and injurious Legislation in the Imperial Parliament, on matters effecting the trade and commerce, and through them, the agricultural and general interests of the Province ? — I do not feel competent to give any opinion on thrtt subject. But this I know, that the parent state is ever ready to con- fer every benefit in her power upon her colonies, consistent with the genera! interests of the empire., and no colony can. with justice expect more. 541. Was Mr. Appleton's application for his proportion of the public monies, as a teacher in this city, unfavorably reported on to the Lieutenant Governor by His Council? — I have ho recollection. 542. When you were abso't in England m 22 months did your salaries, emoluments, and advantages from office continue to be paid the same as when you were at home doing the duly ? — The duties were performed at my own expense. 5 V3. Does nota vast annual additional expense fall upon the Province, owing to the continual rejection of bills of a general character, sent up by the House of Assembly, rejected in the Legislative Council, and again introduced, debated and sent up by the House of Assembly 1 — f beg leave to state that tin- Legislative Council reject no bills without good reasons, and that body has always appeared to me to have made the good of the Province much more its study than ths House of Assembly, and need fear no comparison in true patriotism, wisdom, and ability. 544. In what way can the popular branch of the Legisla- ture infill mce the government so as to secure the appointment of prop ir p -r ; m; a-; arbitrators, to decide on the proportions of revenue coming to Upper Canada from duties levied at the port of Quebec? — 1 do not answer that question, not under- standing why O4io branch of the L gi lature mo .ii ! have more influence than either of the oilier two ; but experience proves that, tha arbitral »rs of this Province have always conducted! the business with success and ability What more can ufc wished I Ho*, anu Yv.s. John Strachak. 88 545. Would not the British Constitutional system, by which tin? head of ihe government is obliged to choose his Council- 1 >rs anil principal officers from among men possessing the con- fiJence of the popular branch of the Legislature, be more s i i table to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of govern- ment?— I do not believe the government is an irresponsible o le ; the rest of the question is too va^ue 10 admit of a defi- nite answer. 546. In what way is the government of this colony respon- sible to public opinion, as expressed by the representatives of the people in Parliament? — I could not answer that question otherwise than by saving, that the government is quite as re- sponsible as any other government. 547. [The witness is shewn the Post Office Return, and asked] What mode would you recommend for the better gov- ernment of the Post Office, and for allowing the controul thereof to the Colony? — I have not given the subject consi- deration. 548. In case public officers prove remiss in the performance of their duties, how or by what tribunal can they be tried ? — I am not aware of any, but I think a court of impeachment, under proper regulations, would be of great use — I think the Legislative Council would be a proper tribunal for that purpose. 549. Do you not consider the custom of pensioning the Judges to a large annual amount, by orders from the Colonial Office, out of the Upper Canada revenue, and without refer- ence to the Provincial Legislature, destructive of the indepen- dence of the bench in a great measure ? — The Judges are rendered independent by law ; but the law is deficient, in as much as it does not provide for a retiring allowance to the Judges, if therefore there be any fault it is in the House of Assembly. 550. Do you think Lieutenant Governors, of themselves, possess a sufficient knowledge of the inhabitants of the seve- ral districts to enable them to select judicious persons as jus- tices of tho paace 1 — Certainly I do, for they have the best so'ip-es of information, and are quite independent. 551. It is complained to His Majesty that sheriffs hold their offices in abject dependence on the will of a government ir- responsible to public opinion ; that they choose the grand and petit jurors without reference to their fitness, but often from political considerations: what remedy would you provide so as :■■) secure to the subject a fair trial by jury ? — I cannot an- thai question, owing to its assumption?, which I do not admit. 86 Evidence of 552. Have not the resident settlers, by the improvement* they have made, and the House of Assembly, by its liberal grants for roads and bridges, and in aid of inland navigation, given to the public lands their 'greatly increased value as com- pared with 1792? — It is an incidental advantage which gives them no particular claim. 553. Ought not the revenue arising from these lands to have been applied to the liquidation of the War Loss claims, instead of increasing the public debt and duties on imports for that purpose ] — I would not answer that question, for I do not admit its correctness, as the Government have given large sums for that very purpose. 554. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Colony, and the proceeds applied only according to law? — I do not answer that question/ 555. Does not the immense patronage of the local and gen- eral Government, uncontrolled as it appears to be by the House of Assembly, render nugatory in a great degree thV efforts of the representative body to assert and maintain its constitutional independence 1 — Certainly not, for the members ctf the House of Assembly have been the chief office holders and the chief office expectants for the last thirty years,' 556. The vote by ballot in elections is prayed for in many petitions both T»;*^Fe Assembly and to His Majesty ; what t« your opinion of this mode of voting? — Nobody would ask foe the vote by ballot but from gross ignorance ; it is the naosf iorrupt way of using the franchise. 557. Is it just to the Bkpt isfs, Quakers, Menonists, Tun- kards, Independents, Seceders, and other classes of Christian*, whose spiritual teachers receive no share of the public reve- nue for their religious services, = that the Clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and the Metho- dist Ministers should, without the sanction of the Legisla- ture, have "i bounty paid for the performance of their religi- ous duties? — That question is not put in a way in which I could answer it. 557. The undue advantages and exclusive religious privi- leges granted to certain religious denominations are much complained of; would it not tend to strengthen good govern-' ment if they were altogether abolished? — There should be in every Christian country an established religion, otherwise it is not a Christian bn* - an Infidel country. 559. The Government of Upper Canada docs not confine itself to, maintaining one form of the Christian religion; it selects four particular denominations; and" within the last two- years appeais to have paid them about £35,000", while thee 'Whe Hon. and Yen. John Srachan. 8:7 other sects received no part of the public monies: do you think tliis was a just course ? — The Government does so littjs m support of the Christian religion, that I am thankful they do this much. 5f>0. Do you consider the Clergy Corporation legal? — Certainly I do. 561. Are you aware that the Legislative Councillors re- ceive a far larger proportion of the taxes than they and their families contribute ?— -J have not the means of answering that question, for I am not aware of their receiving any share of the taxes whatever. 562. Do you think the local .knowledge possessed by the ^-Lieutenant Governors of this Colony generally, sufficient to> enable them to nominate independent men, otherwise well qualified, to the office of.Legislative Councillor! — 1 tbink the information is very open to them. 563. Has not the present irresponsible system of govern- ment in Upper Canada, a tendency to discourage the emigra- tion of the more wealthy and enterprising class of emigrants into the Province ?— rCertainly not ; the Executive Govern- ment does every thing to encourage emigration, but the slan- derous newspapers make people at a. distance believe that there are difficulties in the Province, .and produce a contrary , effect. 564. In your letter of die 3rd of March, to Colonel Rowan, •in explanation of a payment of £500 or £524 sterling, made to you in London from the Canada Company's fund, you state that it was to defray charges respecting Kind's College ; we are desirous to ascertain for the information of the House, the ^way in which this money was expended, and ihe particular items of expense ir. :urred by you, for which this was your remuneration 1 — I have no further explanation to give than i|rhat my letter contains. -Wke Colonial Department, under whose direction it was expended, was satisfied, and no part of the £500 remained with me. 565. On referring to public documents within our reach, we find that £324, and £524 sterling, and £712 16s 2d, and £678 6s 8d, and 2000 acres of land in the Gore of Toronto, v»ere given or paid to you when in London or since, on ac- count of your journey to England, or on matters therewith connected. It also appears that since the 1st day of January, J826, you have received £2,250 as President of the Board o! Education, up to January 1833; £2700 as Archdeacon ot York, and £1000 as an Executive Councillor; besides sunn 11 for dilapidations on your living ;" for the gaol ground ; for the " small strip rents," Toronto ; for the acre, formerly the Hospital Square, with other sunib. For the information tu 8(3 EviDKrsvi; of this Committee, and in order to prevent misrepresentations and misapprehension we are desirous that you would furnish the Committee with a statement of all monies or grants, as payments made to you, for any purpose whatsoever, since 1st of January, 1826, whether from Colonial Revenue, Crown Lands, the Society for promoting Christian Knowledge, His Majesty's Government, rents of reserves, clergy grounds, glebe rents or uses, or from any other public source whatsoever, either here or in England 1 — For a complete explanation of the various matters contained in this question, I beg leave to refer to two letters addressed to Lieutenant Colonel Royan ; one bearing date the 31st January, the other the 3rd Fe- bruary,* both are I believe in the possession of the Commit- tee. In these will be found answers quite satisfactory to every honorable mind. I must at the same time enter my protest againsi the man- ner of putting this question, which is evidently calculated to mislead the careless and ignorant, though I am willing to be- lieve that such could not be the object of the Committee. Various sums are mentioned, which were paid at different times, for great and important services, and items of annual income are multiplied by ten, as if I had received such laige sums at once; whereas they are spread over fhe spuce of ten years, and ought, in common decency as well as in jus- tice, to have been specified according to their annual amount, or ono tenth partof that which the question makes them. (The Witness withdrew.) MONDAY, 6th April, 1885. The Hon. PETER ROBINSON, Legislative and Exe- cutive Councillor, and Commissioner for the sale of Crown Lands, &c„ called in and examined. 566. How often do you account to the. Inspector General foryour intromissions as a manager of Public hinds ? — Half yearly for Crown Lands sold, and at the end of each year for the dues on Crown Timber. 567. Do you, as a Member of the Executive Council, audit your own transactions, in your several capacities of Crown Land Com- missioner, Commissioner for the sale of Clergy Reserves, nod Surveyor General of Woods ; or nre these accounts submitted * It is probable that the witnrr-p alludes to hip letter of the 3rd r>f March, J 835, lh< re Loins: no leUei of 3rd of February on the Records ©f the House of Assembly. The Hon. P. Robinso.v. 8flL \» bo supervision whatever on this side the Atlantic?-?! Jo not attend the auditing of my own accounls. In ihc first instance, they are sent to the Inspector General tor examination, and by him sub- mitted with his remarks to the Council, for audit. 563. Were the laborer* under the late Mr. Roswell Mount's superintendence paid for Sunday work? Occasionally they were, as it was necessary that there should be no delay in preparing houses' to shelter the Emigrants as they arrived, as well as to erect Store-houses, and an Hospital. 569. Could not the Surveyor General perform the duty you are paid £500 sterling for, under the title of " Surveyor General of Woods" ? — I think the duties of the present Surveyor General occupy all his time. 570. Is the large number of Clerks in your office essential to the transaction of the public business entrusted to you? — They are all absolutely required. The House of Assembly having raised the salary of the Clerks in other public offices, the Clerks in my own petitioned the Governor in Council to be placed on the same footing ; and I received an order directing me to make the addi- tional allowance. N. B. — The latter part of this answer was given in reply to a question respecting the increase of salary allowed to my Clerks. 571. Have not the resident settlers, by the improvements they have made, and the House of Assembly, by its liberal grants for roads, bridges, and in aid of inland navigation, given to the public lands their greatly increased value as compared with 1792 ? — Yes, no doubt. 572. Ought not the revenue arising from these lands to have been applied to the liquidation of the War Loss Claims, instead of in- creasing the public debt and duties on Imports for that purpose ? — I decline answering that question. 573. Does not the immense patronage of the local and general go- vernment, uncontrolled as it appears to us to be, by the House of Assembly, render nugatory, in a great degree, the efforts of the Representative body, to assert and maintain its constitutional independence ? — I decline answering that question. 574. Do you approve of the government paying, without the consent of the Assembly, for the religious services of four Chris- tian denominations ? — I decline auswering that question. 575. Would not the British Constitutional system by which the head of the government is obliged to choose his Councillors, and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the Country, if adopted in Upper Canada, than tiie present irresponsible mode of government ? — I decline an- swering that quesiion. 576. Do yon not consider the custom of pensioning the Judges to larjjp annual amount, by orders from the Colonial Office, out of th« Upper Canada Revenue, and without reference to the Provin- cial Legislature, destructive of the independence of the Bench great measure?-*-! am not prepared to answer that question. $0 EviDKXck OF 577. Do you think th*Lieutenant GofcrDon of tberoMlvea possea* a sufficient knowledge of the inhabitants of the various District*, to enable them to select judicious persons as justices of tha Peace ? — The Lieutenant Governor has' various' sources from which to obtain information as to persons qualified to be Magis- trates, among others, from the 'Members of the House of Assem- bly at theii an mal meetings. 578. Incase the House of Assembly, orlarge bodies of the people, should be of opinion, that a public officer deserved impeach- ment — by what authority could he be tried ? — I am not aware of any power ves'ed in any tribunal here for that purpose. 579. It is complained to His Majesty, in petitions numerouslj signed that Sheriffs hold thehf offices in abject dependence on the will of a government irresponsible to public opinion, that they .ehocse the Grand and Petit Jurors without reference to their fit. uess, but often from political considerations. What rojsvedjr •would you provide so as to secure to the subject a fair trial by jury ?--4 have not given the subject sufficient consideration to enable me to suggest any better mode than the present. 580. Would it not be better that the sale and disposal of tha public lands and other public property were in all cases regula- ted by law ? — I see no objection to such a xneasure. ' 58i. Ought not the whcle public revenue to be paid in the gross into the Exchequer or 'JT reasu O' of the Colony, and the proceed* applied only acoo^dk>g to law 1 — I must.decline u-isweving that question. 582. Would not it be advisa >Te that the Clergy and Crown JSe- eerves and all reservations of larjd,otherwise than for education and roads were disposed of for public purposes, under the control of the Legislature? — I must decline answering that question. 583. What check has the House of ssemhly on the otjber branch- es of the government, as a means of preventing Executive usur- pations of popular rights ? — I think the sum annually required from the Assembly to carry on the public service, is a sufficient js heck. 584. Has not the present system of government in Upper Canada., tendency lo discourage emigration of the more wealthy and en- terprising class of cniigiants into the Province ? — 1 do not think it has, hitherto. v 585. The vote by ballot is prayed for in many petitions,hoth to th« Assembly and to His Majesty; what is your opinion of thia mode of voting ? — I hare always been opposed to the vote t>j Fallot. 586. Would you favour the Committee with your reasons why you are opposed to it 1 — I am opposed to it .on the ground of its not being in accordance with the practice pursued in the parent state, and from the conviction I feel that the vote by ballot docs not afford any additional protection to the individual in the exer- cise of his right, as it is notorious that it is always well known to which party he gives his vote and interest. 537. Ho you know why this Province is paying j82CO sterling a year fo England, as a pension to Sir D. W. Smith, a Northiun jbriao JJaicnet? — 1 do not. THt; How, P. Roaixsox. 91 •j 01 " 3 . U the Lieutenant (Governor obliged iu matter! of State Po lie v. to ask youradvice as an Executive Councillor/ — Only in cases where tiie 31st of (he King requires thai he shall act with th* advice of the Executive Council. 589. It he asks the advice of the Executive Council, is he obliged to follow it. If he asks your advice and disagrees with you in opinion, can he reject your suggestions, and follow the dictates of hi* own judgmen ? — I decline answering that question. 590. If His Excellency receive Despatches from the Colonial Offiec, can he act on them as he sees fit; without the advice of the Executive Council I III e does ask their advice, can he submit air extract of a Despatch to their consideration, or are all Despatches and communications between the Lieutenant Governor and the Colonial Office, enregistered, and open to the inspection of all the .Members of the Executive Council? — I decline answering that question. 591. Have you read the Horn Mr. Elmsley's letter advertised inf ihe. newspayers on resigning his seat at the Executive Coun- cil Board? The letter is as follows: — Holland Hovsk, > York, Dtctmbrr &4 «J33. \ -Sir, 44 In order to prevent any misconceptions as to the mo- " lives which have induced me to resign my seat in the Executive ** Council, I beg to be permitted to make your paper the channel 44 through which my reasons for taking that step may be communt- " cated to the public in I heiF proper light. In the year 1830, His Ma- 44 jesty was gracousiy pleased, in compliance with the recommen- '* dition of His Excellency Sir John Colborne, to call me to the 44 Executive Council of this Province. For that mark of His Ma- *• jesty's Royal favour and of His Excellency's consideration, I feel 44 highly proud and deeply gratefu 1 , but since I have assumed the; 44 5. 1? anypart of the judicial, ecclesiastical or civil establishments oi this Province, defrayed from funds raised out of Upper Cana- da? — I know of no other than the monies arising from the inte- rest of the proceeds of Clergy Reserves, remitted to England, and vested by the Lords of the Treasury in the funds. ob*6. Considering that you have chosen to decline answering a number of political questions on matters of opinion, rather than of facts, it may be proper to ask you, whether the Legislative Council, would not be more likely to harmonize with the House of Assembly, and would not its members be more independent were they unconnected with offices and emoluments held during tne pleasure of the Executive? — 1 beg to assure the Committee that in refusing to give my opinions on certain political questions, I have not been governed by auy captious motive, but that I have done so from the conviction that the confidential situation I hold under His Majesty's Government, would make it improper for me to express such opinions in any other place, than where my duty requires I should. MONDAY, Cth April, 1835. THOMAS BAYNES, Esq. called in and examined. 597, Tn 1835, you are stated in the Blue Book, to have re- ceived £lf)0 as Senior Clerk in the Crown Lands' Office, and £150 as Secretary to the Corporation for managing the Cler- gy Reserves. The same authority for 1834, shews, that in that year, both your salaries were raised — the first to £200 ; &, the second to 300 ; is this the case 1 — Did you receive £300 in 1&34 for services similar to those for which in 1833 you liud £300? — In May 1833, I was appointed Sec\ to the Clergy Corporation with a salary of£l50 per annum, at which period I held the situation of senior clei k in the Commissioner for Ciown Lands Office, with a salary also of £150 per annum, making £300 per annum. In 1834 in consequence of the great in- crease of business in the Clergy Corporation Office, J found it impossible to attend properly to the duiies of both offices, and upon my representing the circumstance, it was ordered in Council, on the 3rd April, 1832, thai I should attend en- tirely to the duties of the Clergy Corporation Office, and ihat I should receive a salary of 300 per anntum. My salary therefore m t4ie Commissioner for ('.own Lands Office ceased on irre 3 1st March, 1834. S. P. IIi-rd, £*& 03 7th" April, 1835. Mr. HENRY PANNEBACKER, Farmer, Waterloo, Count v of Hilton, Got.e District, examined. 59S. You had a note in the Bank of Upper Canada? — Yes. 599. Was it paid regularly] — No. 600. What has been the consequence 2 — 3 lawsuits were begun and carried down to trial on one note by Clarke Gam- ble, Esq. the Attorney for the Bank. The note was for £50, the interest came to £3 2s 2d, and the costs to £30, although the parties whose names were to the note, lived close together, thirty miles were charged upon the service of each paper, The Witness delivered in an account as follows : " The Bank cf Upper Canada vs. Henry Pannebacker, Joan Gi?crnik, and Abraham Pannebacker." u 30 miles charge upon The service of each paper." "3 Suits and carried down to trial." • " Amount of note, £50 "Interest, 3 2 2 £53 2 2 "Costs, 30 £83 2 2 "Cr. bv cash 63 £'20 2 a * To be paid by 1st May at Hamilton, to Mr. Stevens." C. GAMBLE. Cth April, 1S35. SAMUEL P. HURD, Esq. Surveyor General of L'ppeb Canada. 601. What is the date of your appointment to the ofnee of Surveyor General? — 1st Nov. 1829. 602. When did you enter upon the duties of that appoint- ment in this colony ?— 22d .May, 1832. 603. Did you receive any salary, fees, or Other allowances as Surveyor General, for the time that elapsed between the date of your appointment and the period at which your per- sonal services began in this colony, as head of your depart- ment ? — And if so, whit snhry or allowance did you so. re- ceive, and by « ! — I received six. months nay in rim. No. 21. 9 94 Evidence of* full for the first six months after my appointment ; and sub- sequently, half saKiry and emoluments to ihe time of my ar- riv»l in Canada. Tiie authority, was an order from His Ma- jesty's. Home Government. 604. It appears by documents sent down to the House of Assembly, that £798 18s 10J, and £143 13s lij, steiling money, were paid to Mr. Cliewett in 1832 rind 1833, out of Fund A, otherwise known as the duties levied under the Act 14ih Geo. 3d, without the knowledge or consent of the Le- gislature, because he had paid over those sums or half his sa- 1 iry and emoluments from 1st of Nov. 18 29, to you ; why was ha called on to refund this money to you, and what were the services you rendered therefor 1 — The sum of £795 18s lOjd is the emolument as is stated arising to W. Chewett, Esq. as the pay of his official appointment as Principal Clerk, and senior Surveyor and Draftsman — with the half emoluments of the Surveyor Generalship. The £143 13s lljd is simi- larly accounted for. The reason why that gentleman paid over the half of the salary to the Surveyor General, being the sum accruing during his absence from the Province, sub- sequent to his appointment, is explained by the despatch from the home government, already alluded to, expressing its pleasure and conveying its directions on that subject. G05. What was your income as Surveyor General in 1834, including all fees? — Six hundred a year, sterling, being a di- minished income. Fees about £75 currency* FRIDAY, 10th April, 1835. W. W. BALDWIN. Esq. Toronto, called in and examined, f>06. Some years ago a Committee of the inhabitants of this district held a correspondence through you (as chairman of a general meeting) with Lord Viscount Goderieh, and other gentlemen of influence in England, and petitions were agreed to* and sent home. Have you preserved any of the letters addressed to you at that period concerning the affairs of the Colony « — I have the letters I received. 607. Would you have the goodness to lay then) before this Committee? — I now present the same. [The Witness delr- * Kee draft «f petitrori armexod, as above referred \m, \Y. W. Balowci, Esq. 95 ▼ered to the Committee three autograph letters , one from the Right Honorable E. G. Stanley, one from Mr. Hume, and one from Lord Viscount Goderich, which are attached to this evidence,] as follows: — Whitehall Yard, April 24, 1829. SIR, I have t lie honor to acknowledge the receipt within these few days, of your letter of the 3rd of January, enclosing the Resolutions of a Public Meeting at York (which I had before seen in the Canada paper?) and also of a Petition to His Majesty and the other branches of the Imperial Legislature. I have not. yet received the original petition referred to, which the meeting have done me the honor of entrusting to my care for presentation to the House of Commons. I cannot therefore express any opinion upon the word- ing of that Petition, which must necessarily be in some degree va- ried from that of which I have received a printed copy, inasmuch as this, addressed to the King, contains recommendations and pe- tit-ions upon various points intimately connected with the practical exercise of the undoubted prerogative. Replying therefore in some degree rather in the dark to the letter which I have had the honor of receiving from you, I may be permitted o say that you and the Com- mittee do me no more than justice in supposing that whatever my ability maybe, I shall always be happy to exert it to the utmost in the maintenance of the Constitutional rights of the Colonists, and in making known, and procuring the redress of any grievances of which they may have just cause to complain. In the exercise of that duty, on the other hand, I shall never shrink from expressing my opinion, when I think that their expectations go beyond those just rights, or when those supposed grievances are pushed beyond their proper limits ; a d in so doing I shall conceive that I best dis- charge my duty, not only as a Member of the British Parliament, but as a sincere friend to the real interests of the Colonists. In the Petition of which I have received a printed copy, I ana extremely happy to see that many of the evils complained of, and many of the suggestions for their remedy, had in fact been antici- pated by the recommendation of the Committee of the House of Commons, of which I was a Member — a committee which received indeed very little evidence especially from Upper Canada, but which manifested universally as anxious a d. sire to come at the real truth, and to do impartial justice, as any committee upon which I ever had the honor of sitting. With respect to the inviolability of the Constitution of 1791, and the limits of the respective jurisdictions of the Imperial and Provincial Legislatures, a point most delicate to touch upon, and most difficult to define, the Committee have, I think, expres- sed themselves (Report p. 8.) in a manner which must be satisfac- tory to the Canadas generally. Upon the subject of the Constitut'on of the Legislative Counc ; l, (which I do not hesitate to say, without any disrespect to or reflec- tion upon the individuals who compose it, ia at the root of all the evils complained of in both Provinces) — upon the exclusion of the Judge?, with the single exception of the Chief Justice, from all in- DG Evidence of terfereno : e in political business — and upon tho necessity of introduc- ing- some alteration into the present Jury system — the three most important points of your Petition, you will find that the opinion or* the Committee entirely concurs with yours —and that opinion I am disposed to support to the utmost of my power. The absence of the Judges, I am inclined to take upon somewhat different grounds. As a substantive proposition there cannot be a doubt of the propriety of the prayer of the Petitioners upon this head : and I should even go the length of saying, that it must not only be a "most reasonable" but a very urgent ground, which ought to be alleged for giving a leave of absence to a Canadian Judge. — It is because I think the proposition in itself so undeniable, that I regret to fmd it mixed up with a peculiar case, involving much of party, and much of personal excitement — I mean of course the re- moval of Judge Willis. Upon the limited information which I have obtained of this case, chiefly however from parties favorable to the Judge, I cannot ' :i "£> without expressing any opinion as to the legal construction of the disputed Act, and even admitting him to be right in his Nation, that his mode of giving that interpretation, aud subsequent conduct, is open at least to tho charge of indiscretion ; aud necessarily placed the Government in a situation to have at least a fair excuse for his removal, if they de- sired it ; and feeling this very strongly, I cannot but regret that this personal case should occupy so much of the space devoted to the constitutional grievances of the Province. With respect to the appointment of the Judges during pleasure, and not as in England, during good behaviour, giving also the power of impeachment before the Legislative Council, I must ac- knowledge my belief that the circumstances of the colony do not at present warrant such a step, however anxiously I may desire to see the time when they may do so — but at present I conceive such independence upon the Crown would practically be dependence up- on the people, more especially unless they hold permanent salaries, of which nothing is said ; — and the very terms of the Petition seem to limit a future time, when they speak of the Legislative Council, "being so modified as to become an independent branch of the Le- gislature" — to such a modification I fear time, as well as Parlia- mentary enactment, or recommendation, may be wanting. In the meantime I highly approvo, as a general practice, of the appoint? ment of Judges from the English Bar — but I think it could hardly be made a general rule, without too much discouraging the legal profession in Canada — nor is it properly a subject for the interfer- ence of the British Parliament. The same objection may be urged to the agitation of several of the minor grievances complained of. On the last, and one of the most important topics, namely the appointment of a Local Ministry, subject to removal or impeach- ment when they lose the confidence of the people, I conceive there would be great difficulty in arranging such a plan — nor are the wishes of the Petitioners very clearly expressed — for in point of fact the remedy is not one of enactment but of practice — and a con- stitutional mode is open to the people, of addressing for a removal of advisers of the Crown, and refusing supplies, if necessary to enforce their wishes. — I do however think that something might be $©ne with great advantage, to give a more really responsible chari W.'W. Bau>whij Esq,, 97 acfcer to tho Executive Council, which at present is a perfectly ano- malous body, hardly recognised by the Constitution, and effective chiefly as a source of patronage. I ought not to conclude without acquainting you that as it is a breach of parliamentary forms to allude in any petition, to the speeches delivered by members i.i their places, the direct animad- versions in your Petition upon the speech of Mr. Huskisson may, ami probably will, be taken as a technical ground to prevent its re- ception : the debate however may equally be taken upon it, and I shall take an opportunity previously of communicating with Sir George Murray, that he may be prepared to state on that occasion the views of Government relative to the vaiious points adverted to. I have now, Sir, stated to you without reserve, though briefly, my general views of the different points of your Petition. — If lean- not entirely concur in all of them, I give you at least a pledge that I shall not be deterred by any considerations from expressing my real opinions, and from supporting your cause, when I can conscientir ouely do so, in Parliament, with whatever power I may possess. I have only to express in addition my sense of the honor done me in confiding this Petition to my care, and my hope that nothing in my public conduct will forfeit the confidence reposed in me. I have the honor to be, Sir, Your obedient humble servant, E. G. STANLEY. W. W. Baldwin, Esq. York, U. C. London, 1st May, 1829. SIR, On the lOih of April I received your letter of the 3rd of January, inclosing a copy of the Resolutions of a Meeting of the People of Upper Canada, and of a Petition agreed upon by them to the House of Commons. I have not heard of the arrival of the Petition, but when present ted by Mr. Stanley I shall be happy to support it as I concur in the prayer. I am confident that much oppression and misgovernment takes place in the Colonies by the Government at Borne being kept in ig- norance of the truth, and the best mode to obtain redress is to a.>- p!y to the Secretary of the Colonies direct, and to send to some Members of the Commons copies in form of petition to be presen- ted if the Secretary does not afford relief. The present Secretary Sir George Murray has, in his place in the House of Commons expressed the best opinions and principles on which he intended the Colonies shall be governed, and we are anxious to know whether his orders are to enforce those principles. The Assembly in Upper Canada should agree to nothing which is not for the interest of the community and the proper controul over every item of expenditure should be the first and most impor- tant object for them to attend to. We understand that orders have 98 Evidence or been sent out to make the College of Dr. Strachnn open t» ail leeti, «nd that it is to he also under a joint management of all sects of Protestant?, and there is nothing the Canadians should be mora cautious about than the encroachments of the Church of England to any thing like a dominant religion. I have endeavoured to cut off the supplies of money voted by Par , liament for the Church of England missionaries, bat us yet with- out success. — I shall not cease to repeat my endeavours in that res- pect as I consider it most important to the peace of all the Norih American Colonies. We expect to hear that some changes hava been made respecting your Council, and I agree with you that un- til these are responsible, and removable on the call of the people for abuse of power you will not be right. Wishing every success to your endeavours, and trusting you w : l! persevt re steadily and moderately in the course you are pursuing to establish your rights. 1 remain Your obedient servant, JOSEPH HUME. W. W. Baldwin, Esquire, Chairman of a Pub- lic Meeting at York in Upper Canada. London, May 7th, 1829. SIR, I have to apologize for not having acknowledged, at the time when I received it, your letter of January 3rd, communi- cating to me the intention of a large body of the people of Upper Canada to entrust to me a petition addressed by them to the House of Lords. But as the letter which I then had the honor to receive from you, was not accompanied by the petition itself, I thought it would be better for me to wait till that document should reach me, before I troubled you with my letter. I have now received the petition, and shall not fail to present it at an early period, to the House ol Lords. Tt is necessary however that I should state that I am not without some apprehension that there may exist a technical difficuly in the way of its reception, in consequence of its containing a direct reference to certain words supposed to have been used by Mr. Husk if son in the House of Commons during the last session. The Houses of Parliament are very particular upon this point, and I have known more instances than one where petitions have not been received in consequence of a similar reference to speeches made by members of Parliament. I shall however tender your petition to the House, which will of course decide whether it can be received or not. In the mean time I beg you, as well as those on whose behalf you have transmitted the netition to me, to believe that I am fully sensible of the honor which they have done me in selecting me as the channel of communica- tion between so large a portion of the people of Upper Canada and the House of Lords. It cannot but be highly gratifying to me to Jearn that I owe this distinction to the manner in which, upon a particular occasion most in eresting to that country, I discharged mv duty as His Majesty's Secretary of State for the Colonies ; and J assure you that I retain an anxious desire to see that portion of W. W. Baldwin, Esq. Q$ thf Kind's dominions flourishing, contented and happy. It will be my du ; y to give my beet attention to the various important particu- lars adverted to in the letter which you hnve addressedMo me, and in the petition which has followed it; and if in some respects I may not concur in all the opinions entertained by yourself and the petitioners, I venture to trust that you and they will be disposed to ascribe it to anything rather than md'fTerence to the feelings or the interests of the Province of Upper Canada. I am of course not in possession of the sentiments of His Ma- jesty's Government upon the various matters to which the petition- ers wish the attention of Parliament to be called : but the Commit- tee which t=at during the last session have upon many important topics expressed opinions which appear to be much in unison with those entertained by the Colonists, and which have doubtless alrea- dy attracted the notice and consideration of the Government. The appointment of that Committee, and the extent to which they carried their investigations, are strong proo r s of the ready disposi- tion of the government and the Legislature of the parent country to watch over the concerns of so important and valuable a depen- dency of the Crown, which requires nothing but a wise, just, and liberal administration of its affairs, to secure to its inhabitants that encreasing prosperity which from its great natural resources it is entitled to anticipate ; and if in any way 1 can contribute to the promotion of so interesting an object, it will always be a matter of great personal gratification for me to do so. I have the konor to remain Sir, Your obedient humble servant, GODERICB. W. VV. Baldwin, Esq. PETITION To the King's Most Excellent Majesty (and to the several other tranches of the Imperial and Provincial Legislatures.) We, your Majesty's dutiful and loyal subjects, inhabitants of Upper Canada, are constrained by the most painful necessity to> appeal to the justice of your Majesty against the mis-rule of the Provincial administration, and humbly to point out to your Majesty the alarming increase of our grievances, and the necessity of thefr redress-, as they become more and more inveterate from the patience w.th which we have hitherto endured them. We offer our warmest thanks and gratitude to your Majesty for appointing to be a j dje over your Canadian people, the Hon. John YValpoie Wiliis, whose private virtues and acknowledged learning, blended with high and uncompromising principles, uniformly evinced in the impartial dis- charge of his judicial duties, have already endeared him to the country, as one of its greatest blessings, and as affording to the people the most flittering presage of a new era in the administra- tion of justice — of this blessing we have been unconstitutionally deprived, and misrule has at length become so bold, and power so iittHscrimiaats of its victims, as to spurn from the judgment yea? 100 Evidence of the houorable Mr. Justice Will;?, who there presented what has long been wished for but seldom seen, the stem and fearless inte- grity and independence of a British judge. Such judicial integri- ty aud independence are alarmingly endangered when such a judge, without impeachment aud even without a charge, can be so' ignominiously amoved from this high office. Although we entertain the fullest cdBiiler.ee in your Majesty's desire to promote the happiness and P-^lBtf the rights of British subjects throughout your ample and glorrous dominion?, yet our hopes of speedy redress are not a little d-fcourn god, by a know- ledge that while we, on our part, open t.o^|^kr Majesty the abuses and oppressions growing upon us, the verypersons we accuse arc pressing through other channels, affording a more favorable access to your Rdyal belief, those interested misrepresentations, which are designed both to promote misrule, and protect the authors of it ; for it cannot be forgotten that misrepresentations from such sources have already recently endangered our civil and religious liberties and cruelly vilified and traduced the fair characters of the dissent- ing denominations of Christians in this Province. And the im- pending consequences of such secret misrepresentations are further apprehended from the tenor of the speech of the Right Honorable Wm. Huskisson, your Majesty's principal Secretary of State for the Colonies in the Imperial House of Commons, as reported in gome of the public prims. Notwithstanding defects in the law defining our Constitution* we are, nevertheless warmly attached to it, and view with just fear every attempt to amend it, without the intervention of our Provin- cial Legislature which is the constituted guardian of our rights and liberties, and which, considering the great distance of the Im- perial Legislature, can best understand our necessities and apply the proper remedies. It has long been the source of many grievan- ces, and of their continuance, that the Legislative Council is form- ed, not of an independent genlry taken from the country at large,- but of Executive Councillors and placemen, the greac majority of whom are under the immediate, active, and undue influence of the person administering your Majesty's Provincial government, holding their offices at his mere will and pleasure. Hence arises in a great measure the practical irresponsibility of Executive Councillors and other official advisers cf your Majesty's representative, who have hitherto with impunity both disregarded the laws of the land, and despised the opinions of the public. From the impunity with which the greatest abuses have hitherto existed, and the difficulty in such a state of things of applying an efficient remedy, most of our grie- vances have taken their origin and growth. First, The rejection by the Legislative Council, of the most sal- utary measure* passed by large majorities in the House of Assem- bly, and much desired by the people. Secondly, The frequent want of a casting voice in the Court of King's Bench in this Province, owing to the illegal absence of the judges, especially of the Chief Justices, as well on distant journies 'out of the Province, as on attendances on the Legislative and Exe- #utive Councils. Thirdly, The undue influence which the : duties of Le- jpsktive and Executive -advice have on the j .dicial function. W. W. Baldwin, Esq.' IOl Fourthly, The assumption of a power by the Executive to ap- propriate a large portion of the revenue and other monies, raised from the sale of land and otherwise in the Province, independent vf the will or sanction of the Assembly. rifthly, The extravagant augmentation of salaries, offices and public expences, quite disproportioncd to the state and circumstan- ces of the Colony. Sixthly, The confinement of public prosecutions of offences to the sole conduct of the Law Officers of the Crown in the Colony, em- barrassing private prosecutors in this small community, where the influence of politics and family connexions, is so injuriously felt. Seventhly, The retaining in public offices and the introduction into the same of persons who notoriously ought to be excluded. Eighthly, The want of carrying into effect that rational and con- stitutional control over public functionaries, especially the advisers of your Majesty's Representative, which our fellow subjects in En- gland enjoy in that happy country. Ninthly, Our present imperfect Jury System. Tenthly, That sheriffs, coroners, and other public officers hold their offices during pleasure, and not during good behaviour, or oth- erwise as in England. Eleventhly, That the supreme judges of the land hold their of. flees during pleasure, and are subjected to the ignominy of an arbi- trary removal. Wherefore we humbly entreat for the interference of your Royal prerogative to favor our exertions to correct the grievances under which we labor. We humbly suggest that the Legislative Council should be in- creased in number, of whom, a small proportion only, strictly limit- ed by law, to be permitted to hold or enjoy any place of emolument or profit under the Government, or to be members of the Executive Council. Secondly, That the Judges of the Court of Kings Bench, be not Legislative Councillors, nor Executive Councillors, nor Privy Councillors, in any respect in the Colony. Thirdly, That the Judges shall not be permitted to absent them- selves from the Province, but on the most reasonable cause and with leave obtained as prescribed in the British acts relative to Colonial Officers. Fourthly, That the Judges be made independent as in England, holding their offices not as at present in this Province but during good behaviour to be inquired into, by impeachment alone, in the Provincial Parliament, before the Legislative Council, when that body is so modified as to become an independent branch of tho Legislature. Fifthly, Thot for some time, at least till the Province affords an adequate source of legal and constitutional education, the Judges be appointed from the bar in England. Sixthly, That a Legislative Act be made in the Provincial Par- liament, to facilitate the mode in which the present constitutional responsibility of the advisers of the local Government, may be car- ried practically into effect; not only by the removal of these advi- Assem. No. 21. x 1 102 Evidence of eers from office, when they lose the confidence of the people, but aleo by impeachment for the heavier offences chargeable against them. Seventhly, That our present Jury System be amended by a new law whereby the jurors to be impannelled may be more equally se- lected from the country and less at the mere nomination of the sheriff or his officers ; such new law to extend both to grand and petit jurors. Having thus under the pressure of the present crisis hastily con- centrated our most pressing grievances, and humbly prayed for the royal aid of your Majesty's prerogative in providing appropriate remedies, we your Majesty's dutiful and loyal subjects cannot omit again to bring under your Majesty's serious notice as indicative of the necessity of a change of men and measures, the recent violent and unconstitutional removal from office of the Hon. John Wclpole Willis, a public wrong, calling more and more loudly for our most earnest remonstrance to your Majesty, and strongly elucidating the injurious character of the policy pursued by the present Provin- cial administration. Such was the apprehension of the practical bad consequences of the King's Bench being without a casting voice, that previous ta Easter Term last, a memorial was addressed to His Excellency, pointing out, in some respects, the failure of justice in such a state of things,, and requesting His Excellency to suspend his leave of absence, to the Chief Justice, whose departure from the Province was at that time publicly spoken of, even until after the approach- ing term. His Excellency, however, did not think proper to do so, and the evil consequences anticipated have been realised. During the terms of Michaelmas and Hilary, last past, with a full Bench,, there was not fewer than ten cases wherein differences in opinion arose amongst the judges on important points, and in Easter Term, during which the Chief Justice was absent, the two Puisne Judges were divided in opinion, in six several cases. In such a state of things, substantial justice cannot be said to be administered. The Provincial law wisely enacts that your Majesty's Chief Justice of this Province, together with two puisne Justices, shall preside in the Court of King's Bench. And as a diversity of opinion has, in* many important points, unhappily prevailed among the judges of that Court, which is the only one of superior jurisdiction, and from which in the vast majority of cases, there can be no appeal, the importance of maintaining that Court, as organized by law, becomes- the more urgent, and the violation of that law productive of the greater evils. Under these circumstances, we feel that the Hon. Mr. Justice Willis deserves the approbation and confidence of all good men, for withdrawing from the Court House, under a conscientious convic- tion in his own breast, that he could not administer justice accord- ing to law, while the Court was not constituted as that law required. Sensible as we are that the appointment of Judges, esteemed by- the people for their learning, and beloved by them for their virues,. is in every Colony so blessed, the most conclusive evidence of the health of the great body politic, so do we feel that this deliberate, vio- lentand unconstitutional removal of Mr. Justice Willis, depriving ua- W. W. Baldwin, Esq. 103 • of the benefit of his honourable and conscientious services, is a grievance of such magnitude as requires your Majesty's paternal interference ; and this evil we feel the more serious, because it fur- nishes the present provincial administration, with an opportunity •of placing upon the judgment seat, a man labouring under those prejudices of family connections and party feeling from which Mr. Justice Willis was necessarily and happily frte, persons withal very inferior to that gentleman, in education, in talents and in legal knowledge. While strongly feeling this injury,your Majesty will, we beseech, hear our complaint of the conduct of the Hon. Mr. Justice Sherwood, who, in the absence of the Chief Justice, and of Mr. Justice Willis, proceeded alone to exercise all the powers of your Majesty's Court of King's Bench ; and yet abstain- ed from offering any justification for such assumption, for the satis- faction of the Public, although requested to give to the Bar his legal reasons for such a course. He had at that time vacated his office, by absenting himself from the Province, without the leave prescribed by law. We should omit a matter of the first importance to the happy conduct of our civil affairs, did we forbear to mention to your Ma- jesty, with all the delicacy becoming us, when referring to the ex- ercise of your Royal Prerogative, the total inaptitude of military men, for civil rule in this Provinee. The almost constant absence of your Majesty's Representative from the seat of Government, where almost daily is required hia assiduous superintendence over public affairs and public functiona- ries — his total unacquaintance with the inhabitants of the country, with the exception of those whose official occupations place them about his person, whereby he can be but ill-informed of the true state of the country, or of the condition or wants and wishes of its people — the charge of disloyalty against these who question the po- licy of the present administration — a system of espionage spread- ing from the seat of Government, over the face of the country — a threatened degeneracy in the state of society, endangering, by the insidious operations of those morbid causes, that public feeling tru- ly British and yet happily alive in this colony — the undue influence over electors in many ways, but especially by the issuing of pa- tents granting land, sent into the country, in profusion, to be distri- buted by candidates acceptable to the present Provincial administra- tion — the acceptance of office by Members of the House of Assem- bly, without vacating their seats, as is the necessary consequence in England, and the almost mortal violence offered to the Constitu- tution by the exercise of worse than military rule in the intimida- tion of the more dependent members of the Legislative Council into the views of the Administration, at the peril of their offices, as was exposed in the testimony of the Honorable Wm. Dixon and the Honorable Thomas Clark, in their evidence before a committee -of the House of Assembly, during the last session of the Provin- cial Parliament. Wherein, we your Majesty's faithful and loyal subjects, being greatly aggrieved, most humbly, most earnestly, and confidently pray your Majesty, for redress as far as such re- . dress lies within your Majesty's constituted power. And as an object filling us with peculiar solicitude, we do most earnestly im- portung your Majesty, that you will be graciously plea3ed to io*. 104 Evidence of W. W. Baldwin, Esq. tor© Mr. Justice Willis, to the honorable situation to which your Majesty had appointed him, and thus protect your Majesty's royal choice, your faithful Judge, and us, your loyal subjects, fr«m the wrongs that arbitrary rule in the Provincial Authorities, unchecked, would assuredly inflict. And your Majesty's Petitioners as in duty bound will ever pray. W. W. BALDWIN, Chairman. E0CTTME1TTS APPENDED TO TnE SEVE^Tn REPORT OF THE StUtt eowtmtttc on ©tfeuauuo. No. 1, GOVERNMENT Hot'SE, > Toronto, IQth March, 1835. J I am directed by the Lieatenant Governor to transmit to you for the information of the Committee of the House of Assembly of which you are Chairman, the annexed copy of a communication to the Secretary and Registrar of the Province. I am, Sir, Your Obedient Servant, WM. ROWAN W. L. Mackenzie, Esq., } Chairman Committee, > Hovst of Assembly. ) No. 2. Copt. Government HorsE, > Toronto, 18th March, 1835. { Sir, I am directed by the Lieutenaut Governor to acquaint you, that if the Committee of the House of Assembly require the Office Copies of the Blue Book for 1833 and 1834 to b© sent to the House, you will comply with their request, or afford them such information as they may be desirous of obtaining. The Books, however, must be returned to your office at the close) of the Session. I have, &e. WM. ROWAN. The Hon. Duncan Camerov, Swttary fy Registrar. 105 CORREIPQ-V DEUCE. No. 5. Secjustart's Office, i Toronto, 2(M AforcA, 1835. $ Sir, I have the honor to acknowledge the receipt of your ,Jetter of yesterday's date, and in compliance with His Excellency the Lieutenant Governor's command, and the request contained in your letter, now send you by your Messenger, the office co- pies of the Blue Book for the years 1833 and 1834. I have the honor to be. Sir, Your Most Obedient Humble Servant, D. CAMERON, Sec'y if Reg, To ) W. L. Mackenzie, Esq. Chairman of the Committee on Greivances. f $fC fyc. Sfc. J No. 4. Government House, f Toronto, Uth March, 1835. $ SlR.^ I am directed to acquaint you in reply to your letter of yesterday, that the Lieutenant Governor has, in every instance complied with the Addresses of the House of Assembly respect* ing the Public Accounts, and you are probably aware that the In- spector General has been directed by His Excellency to afford the House any information they may require relative to the receipts and expenditure of every department. The documents applied for iu the Address of the 17th ultimo., and transmitted to His Excellency some days after that date, have been directed to be prepared, and will be forwarded to the House so soon as they are received by him. The Receiver General has sent in the duplicates of the war- rants and accounts, but there are other departments and persons which are not able to furnish the information applied for, without being allowed some time to prepare it. I have procured for you the printed papers relative to Forsyth's £ase, which as they do not belong to this office, 1 request may be returned. I am, Sir, Your Most Obedient Servant, WM. EOWAN, To ) W, L. Mackenzie, Esq. £ &lc. &:c. (cc. ) Population, Sec. 107 No. 5. Population or Upper Canada* The Official Account of the Population of Upper Canada, as returned to the British Government in 1834, in the " Blue Book "is 321,903 The same authority for 1833, shews the Population in in that year to have been --------- 296,544 The returns sent down to the House of Assembly of the the Population of Upper Canada for 1832, gave the numbers thus 260,992 The like returns for 1831, gave a sum total of - - - 234,671 No. 6 Upper Canada Militia. The "Blue Book" of 1833, returns (to England) 61 Regiment* of Militia, 1754 officers, 1672 non-commissioned officers, 48 drum- mers, and 34,674 rank and file, among whom are included IS troops of cavalry and 5 companies of artillery. The same authority for 1834, returns to His Majesty's govern- ment, 63 Regiments of Militia, comprising 1772 officers, 1610 non- commissioned officers, 62 drummers, and 36,055 rank and file. In this statement are included 18 troops of cavalry, and 5 companies of artillery, both these forces being attached to Infantry Re- giments. No. 7. Lands granted in Upper Canada. From the Official Return to England, year 1833. 509 grants of 100 acres and under for 40,829 acres 386 grants of 100 acres and under, 500 acres for 83,277£ acres 12 grants exceeding 500 acres for 10,081 acres Total 907 grants for 134,187$ acres Exclusive of these, three patents passed the great seal for grants to the Canada Company for 55,932 acres. Of the above 134,187$ acres, 796 deeds for grants (in contradis- tinction to lands purchased) passed the great seal for 121,559$ acres 63 deeds for Crown sales."". ^... 5,741 do. 46 deeds for Clergy sales 6,649 do. 2 der ds for ScbooTsales 239 do. 103 Land Gram*. 101 Clergy Reserve leases passed the great seal this year for 19,906 do. Among the grantees who had upwards of 500 acres each planted to them this year, we find the names of Wm. J. Kerr for 1600 acres ; Arthur Gifford (Government Office) 800 acres; E. A. Walker 1,000 acres; Wm. Campbell 600; Cheeseman Moe 800 ; James Muirhead 600 ; Wm Phillips 600; F. Raynes600; Owen Richards 800 ; Eltnes Steele 800 ; John Thompson 600 ; Andrew Drew 680 acres. [Lands granted in Upper Canada, From the original Return to England % year 1834. 941 grants of 100 acres and under 67,372 acre* 431 grants of 100 to 500 acres 92,815 do. 28 grants over 500 acres 24,036 do. 1400 grants or deeds for 184,223 do. Oth;er 5 grants or deeds for 52,311 do. passed the great seal to the Canada Company Also 96 Clergy Reserve leases for 18,364 dov have passed the great seal. Grants have passed the great seal, commencing from the year 1792 for 8,121,665$ do. Deeds have been given to the Canada Company for other 735,828j do. Total 8,857,494 acres "The total quantity of surveyed lands remaining ungranted is 1,527,164 acres, exclusive of 302,420 acres, given over to Col. Talbot for settlement, no, return of which has been inude to the Surveyor General." — Blue Book, 1834. Of the grants over 500 acres, made in 1834, there were 600 aores to Wm. Allan ; 1200 to D. T. Broeffrl ; 532 toM. Burwell ; 1000 to I. Buchanan ; 1000 each to D. & R. Campbell ; 600 to D. Cameron ; 800 to Eliz. Clench ; 800 to Henry Jones ; 1300 to C. S. Monk: 1800 to Thomas Niche! ; 786 to Rev. A. Palmer; 600 to T. Rolph ; 750 to Wm. Smart. The lands given over to Col. Talbot for settlement wen* com- posed of 131,130 acres in the London District, and 171,290 agiost in the Western District. No. 8. TCciBioranduns. Extracts taken from Blue, Book of Upper Canada y for 1830 — in England. RETCRN-S OF LANDS GRANTED 1830. 78 grant*, each under 100 aeres, ....... 37 C grants, each over 100 acres, Aerrs. 3,588 87,500 Agricultural Product*. 109 GRANTS EXCEEDLNG 500 ACRES. C. M. DcLotbiniere, 578 A. Catenach, 1,000 I. B. SheeU, 800 G. Hamilton, 700 Thomas Fraser, . 800 Z. Burnham, 1,200 Z. Burnham, 2,800 W. S. Gapper, 800 Walter O'Hara 1,200 Andrew Borland and William Roe, .... 1,700 William Smith, .800 R. Ritchey, Richey or Runchey, .... 800 Francis Conniu, ........ 80O Canada Company, 5 grants, : 166. 59G RETURN GF MILITIA, 1330. Regiments organized, .59 Officers, 1,705 Non- Commissioned Officers, ..... 1,526 Drummers, ........ 61 Rank and File, 30,093 Total, 33,385 To Doctor Strachan, Missionary at York, in lieu of delapida- tions on his living, ...... £225. Enquiry was made respecting the delapidatioa monies of Dr. Strachan, but he would not give the details, the Lieutenant Go- vernor withheld all the Blue Books previous to 1833 from the House, although in its address it was stated that they would be carefully returned, nor could the Committee obtain them on ap- plying to His Excellency through his Secretary. No. 9. Agricultural Product*. The following arc the official returns for the year 1834 for all the settled parts of Upper Canada: Acres of Land cultivated 1,003,520 Acres of Land uncultivated; 4,129,815 es j • Homed Cattle. , 1?S 5 680 110 Keveme Balanc The like Returns fur 1833 are, Acres of Land cultivated, 988, 937 Acres of Land uncultivated, 4,205,256 Horses, , 40,304 Horned Cattle, 172,074 Increase in number of acres of cultivated Lands, in 1634 over 1833, only 14,563. No. 10. IScvcmse Balances, 1834. The Revenue of 1884, is thus summed up in the *' Blue Book. Provincial Revenue including loans, £302, J 26 Clergy Revenue, 7,371 Grown Revenue, 33,271 . » i £342,768 Provincial Expenditure including payment of loans, £277,562 Clergy Expenditure, « . . 6,846 Grown Expenditure, 29,000 313,408 £ 29,3(30 The state of the Receiver GcneraPs Chest is shewn by the same reference. lie had on hand on the 31st December 1834, a balance of what is termed Provincial Revenue, equal to £25,296 And of what is termed Casual and Territorial Revenue, 24,254 £49,550 But had paid out of what is called the Clergy fund, more than was on hand by 6,644 Leaving a net balance in his hands of. £42,906 This is exclusive of the Post Office Revenue, a balance of which is sent to England, as shewn in the second Report from this Committee. No. 10. (a) Receiver General's Office, - : March V: i SlK, I have the honor to you, agreeably to the re- quest coiitaiiiet! in j\ t-h instant, receive d yester- ♦ .Revenue. i statement *nd designation of the varices funds in the R«« eeiver General's Office. I hnvc the honor to be, Sir, Your most obedient Humble Servant, JOHN II. dun:*. W. L. JVIackenzie, Esq., M. P. P., &c. &c. &c. List of Public Funds cr Accounts kept hy tJtc Receiver General. Fund A. — Crown Revenue arising under the Imperial Act 14r/i 3d, now obsolete. " B. — Provincial Revenue under the control of the Legislature. Acc't C. — An auxiliary account to Fund K. Fund D. — Canada Company instalments. " E. — Clergy. " F. — An auxiliary to Casual and Territorial Rereniiw. 11 G. — Annual grant under 56th Geo. 3d. Ofcokie ** H. — Civil List annual vote. Obsolete. m I. — School Fund, auxiliary to Fund B. " K. — Casual and.Terntorial Revenue. " L. — Law Reporter auxiliary to Fund B. " VV. — War Losses, do do. Receiver General's OrricE, Toronto, 28th 1835, JOHN K. DUNN, No. 10. (b.) House of Assemble 9th April, 1S36. Sir, I am directed by the Committee on Grievance? to re- quest that ycu would send down a statement for its information of the balances that are now in your hands, on the following auxiliary Funds, viz. C, F, I, and W, as also what balance is now on hand on Fund G, and what payments have been mad rt fiom that fund '.ho last account was cent down to the House, dated the 5th 112 Revenue. of October 1831, at which time there appears to have remained on hand £1,005 11 1*. I have the honor to be, Sir r Your most obedient Humble Servant, W. L. MACKENZIE, Chairman Com. on Grievances. To The Honorable The Receiver General, &c. &c. &c. Toronto, Oth April, 18S5. Sir, In reply to your letter of this day's date requiring the /balance on the 31st December last, in accounts C and F, I beg leave to state that Fund C has no balance, it is a schedule contain- ing a detail return of all the fees, on grants of land under all regu- lations made by the Executive Council and incorporated in account K, (Casual and Territorial Revenue) to which account I beg to refer you to its credits. Account F has a balance of £540 3 4| (five hundred and forty peunds three shillings and four pence three farthings) auxiliary, or connected with the Casual and Territorial Revenue. If it is the wish of the Committee to obtain the balances in the funds as they at present stand, it will take some time to prepare — the expenditure is about £20,000 over the whole of the receipts to thig period. I have the honor to be, Sir, Your most obedient Servant, JOHN H. DUNN. To W. L. Mackenzie, Esq. Chairman, 4*c. 6fC. Grievance Committee. House or Assembly, 10th April, 1835. »5ib, On referring to the despatch of the Secretary of State, I find that the fullest information may be obtained of all Royal Re- venue. Your letter is silent with respect to the inquiries made by the Committee as to the application of the balance which remained of Fund G. after the last account was sent down to the House of Assembly, I think in 1832, the accounts then shew a balance but no subsequent account shews what became of it. Your letter is also eilentasto the balance now in your hands on Fund W f (War Losses) and as to what was done with any balan- Revenue. 113 res of appropriation* to the War Losses, whether from British or Colonial Revenues, which were not called for by the parties, and the amount of such balances. If you cannot give the information required on these points it will greatly oblige me if you would in a letter to the Committee state that it has been refused. I have the honor to be, Sir, Your most obedient Servant, W. L. MACKENZIE, Chairman Grievance Committee. Toronto, Wtli April, 1835. Sir, In reply to your letter of this day's date I have the honor to acquaint you, that the balance alluded to in account C was transferred to Account A in October 1832, both of which funds being applicable to the same objects, viz. " The Administra- tion of Justice and Support of Civil Government, 1 " and which be- came obsolete by the act granting certain permanent salaries — Fund C has therefore no balance, and account A has been furnish- ed to the Honorable the House of Assembly. The pr?sent balance in W (War Losses) amounts to about £300 (three hundred pounds) and there still remains to be paid to the sufferers, on the last dividend about £3,009. The balance which remained on the two first dividends, was paid some years ago into the military chest by order of the Right Honorable the Lord3 Commissioners of His Majesty's Treasury. I have the honor to be, Sir, Your most obedient Servant, JOHN H. DUNN. To W. L. Mackenzie, Esq, Chairman Grievance Committee. No. II, Revenue balances per Public Accounts* On the 31st December last, there was in the hands of the Re- ceiver Genera], of the several funds under his charge — Fund A. — Revenue arising under the Imperial Act, 14th Geo. 3d Fund B. — Ordinary revenue " D. — Canada Company's instalments > 11 K. — Casual and Territorial Revenue £ In the hands of the Hon. P. Robinson, of -Clergy Reserve fund . 8802 9 6 £1,193 17 28,771 Q 25,077 15 6 113 Revenue. And a balance of proceeds of debentures trans- mitted to England undrawn for, with prem- ium thereon at 6 per cent . . . 26,007 £90.457 2 No. 12. Taels of salaries, fees and emoluments which have been paid out of revenues raised from the people of Upper Canada. The names distinguished by a star prefixed are those whose returns of income are selected by the committee from the Biue Book for 1834. Tear 1884. Sir JohnColborne, Lieutenant Governor [over & above his income from England] .... £4,953 *Wm. Rowan, Private Secretary to do. salary £208, fees £600 808 *Edward McMahon, Chief Clerk's salary . . . 278 * Arthur Gifford, 2nd Clerk f Government Office . . 200 *James McDonell, 3d do. - do. 166 *John Henry Dunn, Receiver General, salaries and agen- cy of revenues .......] 444 *B. Turquand, 1st Clerk to do 250 •Walter Rose, 2d do. to do. . . ; . . 200 *S. P. Hurdj Surveyor General, salary and fees, add as by his own account in evidence .... 742 *Peter Robinson, Surveyor General £555, Crown Land Commissioner £555, Executive Councillor £111, Commissioner for sale of Clergy Reserves £500 1721 Thomas Merritt, [name left out of the Blue Book for 34.] *J. G. Chewett, Draftsman in Surveyor General's Office, salary , . ' . . . 300 *J. Radenhurst, 1st Clerk in do. . . . 300 *G. C. Ridout, 2d do. in do. . . . 250 *Wm. Spragge, extra do. in do. . . . 166 *J. Caldwell do. do. in do. 166 t Purser, Half Pay, Royal Navy. X His salary was supposed to be only £300 sterling, with an allow- ance in lieu of fees, but it seems that last year an order came from England to pay him £G00 sterling, and he has fees under Provincial Aots. It appears by the answers he gave to this committee that after he was appointed Surveyor General he was several years absent. Nevertheless he was paid many hundred pounds as salary for the before he entered -upon the performance of any of ita duties. Salaries, &c. 115 •Thomas Baincs, 1st Clerk in Crown Lands Office, at £200 ; Secretary to the Clergy Corporation £1500 £500 []n 1833 his salaries in these places weie £135 s'crling each ; and were raised by an order in Council of 12th of March, 1384, to place him on a level with clerks in other offices.] *Alderman Richard Thornhill, 2nd Clerk Crown Lands Office (salary in 1833 £150) . 200 *A temporary successor to the late Matthew Henderson, 3rd Clerk Crown Lands Office, (1833 £150) . 200 ♦Edward Beeston, 4th Clerk do. (1833 £150) . . 200 *D'Arcy Boulton, Auditor General, [no duties, no sala- ry, was a sinecure of £246 value in 1833] Master in Chancery Legislative Council . . . . 50 •Robert Stanton, Government Printer, fees . . 370 [It is probable this office is worth £1000.] •Charles Shirreff, Collector of Crown Land Timber, dues at Bytown £270, and £90 to his Clerk . . 360 [A very small portion of Mr. Shirreff's income is fiom Lower Canada.] George H. Markland, Inspector General, £672~Exe- cutive Councillor £111 783 [His salary was £365 by the Provincial Act but an order in Council, or (perhaps) from England, has increased it.] James Nation, his first Clerk 250 Raymond Baby, his second Clerk - .. . . . 200 Duncan Cameron, Secretary and Registrar, Salary £333, permanent addition £707 1010 S. P. Jarvis, Deputy to Do. £200, Clerk of the Crown in Chancery £75 ....... 27$ John Strachan, President of the Executive Council, £111, (President of King's College £278, not receiv- ed) Archdeacon of York, £333 ; Rector of Toronto, £555{ 1003 [His salary as President of King's College is in abey- ance.] Joseph Wells, Executive Councillor, £11; Registrar and Bursar of King's College £300 [Journal of 1831-2, page 181 of the Appendix.] 411 *John Beikie, Clerk, Executive Council £222 Salary ; £278 Fees ; £222 in lieu of Fees on Patents on Lands 723 *W. H. Lee, First Clerk to Do 250 *James Stanton, Second Do. to Do 200 *llugh Carfrae, Doorkeeper to Legislative and Execu- tive Councils 53 t Apart of the year his place was supplied by Mr. James Hender- son, Mr. Baines now [1835] holds only the latter oflico. 1 It appear.s by his evidence that the British Government have his salary of £300, as President of the Board of Education. and he mentions that his salary as President of King's College is not received. 116 Salaries, •John B. Robinson, Speaker Legislative Council, Sala- ry 400/. : Chief Justice King's Bench, Salary 1(366/ £2060 [In 1833 his income as Speaker of the Council was only 200/., now it is 400/.] •Grant Powell, Clerk, Legislative Council, Salary 200Z. Allowance extra as do. 200/.; Official Principal Court of Probate, 55/. ; Judge Home District Court, fees 390/ 835 [Described in Blue Book, 1833, as a half-pay Sur- geon.] ♦Stephen Jams, Usher Black Rod L. C 50 [Also half-pay Cornet of Dragoons.] ♦Thomas Phillips, Chaplain L. C. 50Z. ; Master Home District School 100/ 150 [Also his pay as a Minister of the Church of Eng- land.] ♦Archibald M'Lean, Speaker House of Assembly - £200 Clerk of the Peace, Eastern District 148 Registrar of Stormont and Dundass 132 Registrar Surrogate Court 11 491 [Mr. M'Lean is also Captain on half-pay, late Incor- porated Militia, 142/. Mr. Bidwell has succeeded him as Speaker.] *James Fitzgibbon, Clerk, House of Assembly, Salary 200/.; Allowance 20O; Registrar Court of Pro- bate, 68/ ♦David A. M'Nab, Sergeant at Arms, House of Assem- bly, Salary, 50/.; Allowance, 100; Registrar of Wentworth, 11.9/ ♦Henry Rattan, Sheriff, Newcastle District, fees [Fees in 1833, 1180/. has also 4s. sterling, per day, as half-pay Lieutenant, incorporated Militia.] ♦W. B. Jarvis, Sheriff Home District, Fees [It is scarcely probable that the fees of the Sheriff of the Home District do not far exceed 550/., but we give his own return.] The Ottawa Sheriff died in February, 1835. ♦J. A. H. Powell, Sheriff, Bathurst District (fees, 1833, 600/.) ♦Donald M'Donell, M. P. P., Sheriff, Eastern District, Fees ♦Adiel Sherwood, Sheriff, Johnstown District, fees 300/. [Also Treasurer of that District.] Richard Bullock, Sheriff, Prince Edward District, fees John M'Lean, Sheriff, Midland District, fees Alexander Hamilton, Sheriff, Niagara District, fees. ,., [Mr. II. i .:• aise Post Master of Queenston.j 463 260 1040 550 240 250 300 300 4.:o Salaries, Sec. lit *W. M. Jams, Sheriff, Gore District, fees £330 [Has half-pay as a Lieutenant at 49. 6d. per day, and a pension for wounds of 78/.] *A. A. Rapelje, Sheriff, London District, fees 150 [Half-pay as Captain, at 7s., sterling, per day.] *Ebenezer Reynolds, Sheriff, Western District, fees . . 101 [It is probable that some of the Sheriffs' fees, are stated considerably under the reality.] ♦James Sampson, Inspector of Licenses, Midland Dis- trict 145 *Hon. Alexander M'Donell, Inspector of Do., Home District 146 [Mr. M'Donell is also a Lieutenant on half-pay, As- sistant Secretary Indian Department (pension 4s. 8d. per day) Member of the Legislative Council.] *Elias Jones, Clerk, Newcastle District Court 473/. ; Inspector of Licenses, 98/ 571 *John Claus, Inspector of Licenses, Niagara District, 100 *John Willson (late Speaker H. of A.) Inspector of Li- censes, Gore District 100 James Mitchell, Inspector of Licenses, London District, Collector of Customs, Turkey Point; Judge Dis- trict Court, and Judge Surrogate Court, estimat- ed at 260 *John Weatherhead, Inspector of Licenses, Johnstown District ©0 [There are also Inspectors for the Ottawa, Eastern, Prince Edward and Bathurst Districts.] *\Vm. Hands, Western District, 5 offices, viz: : — 1. Post Master of Sandwich, 2. Collector of Customs do. •3. Inspector of Licenses, Western District, 4. Judge Surrogate Court, do. do. 5. Treasurer do. do 216 *Alpheus Jones, Collector of Customs, Prescott, Emo- luments 165 [Agent to U. C. Bank, Post Master of Prescott.] *W. J. Crysler, Collector of Customs, Cornwall J 24 *Andrew Deacon, Collector of Customs, Hallowell... 100 *Thoraas Kirkpatrick, do. do. Kingston... 373 *Henry Baldwin, do. do. Belleville. . . 104 *Colin Mackenzie, do. do. Bath.... . . 100 ♦George Savage, do. do. TorontoCity 272 *John Chisholm, do. do. Burlington 100/, ; Collector of tolls, do. Canal 64/ 175 [Mr. Chisholm's other emoluments are not stated.] *Williara Chisholm, Collector of Customs, Oakville, and Post Master of Nelson 79 *The Hon. James Kirby, (Legislative Councillor) Col- lector of Customs Revenue at Fort Eiie unknown [He has fees, and one third of the seizures, which though very considerable, we have not exactly ascer- tained.] Assem. No. 21. W 118 Salaries, &c. *Wm. H. Merritt, Collector of Customs, Dalhousie,. . £100 [The Blue Book says he has no other office, altho' he is Postmaster at St. Catharines. He has resigned the Collectorship since the commencement of the pre- sent session, but it has not been given to another, he is President of the Welland Canal Company at £ .] *Thomas McCormick, Collector of Customs, Niagara, 130 [Mr. M. has also an income as agent to the Bank of Upper Canada.] *George Ryerse, Collector, Dover, 80 * William B. Sheehan, do. do 105 *John Bostwick, do. Port Stanley, 115 *Mahlon Burwell, do. Port Talbot, (o)— Regis- trar of Middlesex, - - 170 ♦Francis Caldwell, (M.P.P. for Essex) Collector of Cus- toms for Amherstburgh, 58 *John B unveil, do. do. Port Burwell, - - 59 ^Thomas G. Anderson, do. do. Penetanguishene, 6BI. Postmaster of do. 25Z. 93 [Mr. Anderson's 3rd office is that of a superintendent of the Indian Department, but it is paid out of the mili- tary chest, 241/.] There are also the Collectorships of the Customs for the Ports of River Raisin (John Cameron) ; Maitland (Alex'r. McQueen); Brockville (Richard D. Fraser) ; Johnstown (John Webster) ; Gananoque (Ephraim Web- ster); Newcastle (B. McMahon) ; Cobourg (Allan H. McLean) ; Windsor (Henry Boys) ; Chippawa (R. Kirk- patrick) ; Queenston (Robert Grant) ; Goderich (John Gait) ; the gross value of which, on an average of three years, with the share of one third of the seizures, we have estimated at about -.._ 650 ♦R. P. Hotham, Clerk of the Peace, Ottawa District, 144/. ; Registrar of do. 861. ; (Registrar of Surro- gate Court), 230 '* Walter Cameron, Registrar of Glengarry, - - - - 50 ♦George T. Burk, do. of Lanark, 64 ♦Alex. McMillan, do. of Carletcn, - - - - 67 [Also half-pay captain Glengarry Fencibles, 142/.] John Patton, Emigrant Agent /.unknown; Regis- trar of Grenville, 152/. - - - - 152 ♦Daniel Jones, Registrar of Leeds, 190 [Incorrectly described in the official return to Eng- kind, as Judge of the Eastern District Court.] ♦Allan McLean, Registrar, Prince Edward, 94/. ; do. Midland District, 214/. 503 ♦George Strange Boulton, Northumberland, Registrar of Deeds, &c. - - - - 225 ♦Thomas Ward, Registrar for Durham, 170/.; Clerk of the Peace, Newcastle District, 150/. ; Surrogate Judge, do. 5/. - 525 ♦Samuel Ridout, Registrar, County of York, 500/. ; Agent to the Land Granting Department (Sinecure) 222/, --------- 72-5 Salaries, &c. 119 * George Lount, Simcoe, Registrar of Deeds, - - - £178 ♦Thomas Racey, llalton, do. do. - - - 312 ♦John Lyons, Registrar of Lincoln and Haldimand, - - 320 James Ingcrsoll, Registrar Cor Oxford, fees not known, ♦Francis L. Walsh, Registrar of Norfolk, 60/. ; do. Sur- rogate Court, 8/. 10s. ; Postmaster of Vittoria, 47s. 70 ♦James Askin, Registrar, Essex, 59/. ; Registrar Sur- rogate Court, Western District, 32/. - - - - 91 ♦William Jones, Registrar of Kent, 75 [Assistant Superintendent Indian Department 123/.] ♦James Jessup, Clerk of the Peace, Johnstown District.f 203 *E. H. Reade, Clerk of the Peace, Bathurst District, 105 [Mr. Reade is on half-pay as an Apothecary in the army at 5s. sterling per day.] ♦David L. Fairfield, Clerk of the Peace, Prince Edward, 50 ♦J. Nichols, do. do. Midland, - - 221 ♦Simon Washburn, do. do. Home,f - - 200 ♦Chas. Richardson, do. do. Niagara, - - 290 *Robert Berrie, do. do. Gore, - - - 200 ♦John B. Askin, do. do. London, 269/. Clerk. London District Court, 78/. ----- 347 Charles Askin, Clerk of the Peace, Western District, 120/. ; Clerk, Western District Court, 25/. - - - 145 ♦Eleven other District Schoolmasters, besides Dr. Phil- lips, salaries each 100/. - - 1100 [One of the schoolmasters, Dr. Phillips, is chaplain . to Legislative Council; another is church of England Missionary at Sandwich, 111/., and a third is Presbyte- rian minster at Cornwall, with a salary from Govern- ment as such.] ♦Levius P. Sherwood, Puisne Judge, King's Bench, - 100O *James B. Macaulay, do. do. do. do. - 1000 ♦W. H. Draper, Reporter to do. 100 *R. S. Jameson, x\ttorney General of Upper Canada, salary and allowances, -_. 1200 C. A. Hagerman, Solicitor General, do, do. do. 600 C C. Small, Clerk of the Crown and Pleas, Salary, - - - - 111 Fees, - = - - 1257 1368 ♦Jonas Jones, Offices, viz : 1- Judge of the District Court of the Midland District, Fees, - 412 2. Judge of the District Court of the Bathurst District, Fees, - 147 3- Judge of the District Court of the Johns- town District, Fees, - 314 4. Judge of the Surrogate Court cf the Bath- urst District, Fees, - - 3 . fit is3omow3iL;t3ti:ii:^: 'hit tb *ip of the peace. of the Johnstown Di .... 1 ia value tbai oi the Hoecp Dii'i. 120 Salaries, &c. $. Judge of the Surrogate Court of the Johns- town District, Fees, - - - 8 6. Commissioner of Customs, - 2f £916 [Mr. Jonas Jones is also President of the commissi- oners for constructing a ship canal on the River St. Law- rence.] ♦David Jones (M. P. P. for Brockvile) Judge of the Dis- trict Court of the Eastern District, Fees, 238Z.; Commissioner of Customs, Fees, 51. - - - 243 ♦George S. Jarvis, Judge of the Ottawa District Court, Fees, ------ 25 [Mr. Jarvis is a half-pay lieutenant, 901.] Donald Bethune, Judge of the District Court, Prince Edward, Fees, - ■ r. - - - 91 ♦N. Falkner, Judge of the Newcastle District Court, Fees, - - - - - - 445 ♦George Ridout, Judge of the Niagara District Court, Fees, 91 ♦Charles P. Treadwell, Clerk of the Ottawa District Court ; Coroner of the District, Fees, - - 36 *Thoinas Taylor, Judge of the Gore District Court, Fees, ------ 150 ♦Charles Elliott, Judge of the Western District Court, Fees, ------ 15 [Half-pay lieutenaut 43rd Reg't. 80Z. ; Commissioner of Customs.] ♦George Anderson, Clerk of the Eastern District Court, Fees, r r .... 164 ♦Thomas D. Campbell, Clerk of the Johnstown District Court, Fees, ----- 235 ♦C. H. Sache, Clerk of the Bathurst District Court, Fees, .-.-.- 125 [Half-pay lieutenant 76th Reg't. 4s. 6d. per day.] ♦Thomas Nash, Clerk of Prince Edward District Court, Fees, -....- 90 ♦Alex'r Pringlc, Clerk of the Midland District Court, Fees, - - - - - - 475 ♦Henry C. Heward, Clerk of the Home District Court, Fees, ------ 433 ♦J. C. Clench, Clerk of the Niagara District Court, Fees, ------ 102 ♦John Law, Clerk of the Gore District Court, Fees, - 200 ♦James Secord, sen'r, Judge of the Niagara District Surrogate Court, Fees, 81 ♦[Pension 20Z.] C. B. Secord, Registrar same court, Fees, - - 68 ♦Thomas Marklaud, Judge of the Midland District Sur- rogate Court, __--- 28 •W. W. Baldwin, Judge of the Home District Surro- gate Court, Fees, ----- 50 t Mr. Jones' Judgeships of District Courts embrace a tract of country comprising seven Counties.- Salaries, &g. 121 [There are several other Judges of Surrogate Courts paid by Fees.] *YV. Chewett, Registrar of Surrogate Court, Home District, Fees, - £104 [Mr. Chewett is also a Pensioner on the Provincial Revenue by order from England, for 400/. per annum.] ♦Isaac Fraser, Registrar of Surrogate Court, Midland District, Fees, ------ 6g ♦Nathaniel Coffin, Adjutant General of Militia, salary, 365/. ; annual allowance, 84/. - 449 [Half-pay ensign 15th Foot.] *\V. O'Hara, Ass't Adjutant General, salary, - - - 200 Joseph Spragge, Master of the Toronto Central School (paid from Fund K) salary, - 255 Henry J. Jones, as Agent to Commissioner for Crown Lands, _..--_ 105 [See his returns for 1834.] Alex. McDonell, M. P. P. as ditto, see ditto - - 243 Mrs. M. Powell, House-keeper, Public Office, salary, 50 [And a house and her pension.] Mrs. M. Macloskey, Assisting House-keeper, do. salary, 25 John Macloskey, Messenger in do. salary, - - 25 Win. Walker, do. in do. salary, 50 Some of the Postmasters omitted in the above list are named in Mr. Stayner's return to England in 1832 and 1833. As that officer has Avithheld as yet the informa- tion required this session, by the House of Assembly, we have selected the following names and sums from his for- mer return for 1830. There are about one hundred other Postmasters in Upper Canada whose names and emolu- ments are to us unknown, but they all enjoy besides their percentages or other income, the franking privilege, and may be severally removed at the pleasure of the Deputy Postmaster General at Quebec, or the authorities during whose pleasure he holds office. John Macaulay, P. M. Kingston, salary and allowances, 164 [Agent to U. C. Bank, with a salary.] J. S. Howard, P. M. Toronto, salary and allowances, - 199 John Crooks, P. M. Niagara, do. do. - - 87 Henry Jones, P. M. Brockville, do. do. - - 58 The Postmaster, Amherstburgh, do. do. - - 118 M. Connell, P. M. Bytown, - da. do. - - 101 Josias Tayler, P. M. Perth, do. do. - - 60 [Mr. Tayler is M. P. P. for Lanark County.] Ward Chipman, as 3rd Arbitrator between Upper and Lower Canada (paid from Fund K) half the remu- neration allowed him, or - - - - 333 Thomas A. Stayner, D.P. M.G. at Quebec, proportion of his income derived from Upper Canada, estima- ted by us, in the absence of his own statement, at 1880 John Swetnam, Light House Keeper, salary, - - - 63 122 Pension*. Owen Richard*, do. do. salary, - - - £62 James Durnan, do. do. salary, - - - 53 Clerks and Treasurers' charges 1834, for distributing Public School monies, 1834, - - 278 Grand Total, £52,672 There is a numerous class of officers not directly appointed by ihe Government, but who, from the very nature of their situa- tions and duties, arc under its indirect influence — such as Offi- cers on Canals, &c. SAINT LAWRENCE CANAL.* W. R. F. Berford, salary per year, - £300 J. B, Mills, salary, 850 James Hume, salary, 200 WELLAND CANAL.* W. H. Merritt, salary per year, - 400 John Clark, -*--..... 150 George Reefer, Engineer, 260 &c. &c. &c No. 13. Pensions* Amount of Pensions paid out of the Public Revenue, raised in Upper Canada, no part of which has been authorised by any vote, either of the Provincial or Imperial Parlia- ments. Late John M'Gffl, about 16 years' pension at £500, to 1835, estimated to amount to £ 8,000 Late W. D. Powell, about five years' pension at £1111, to 6th September, 1834 5,555 Late D'Arcy Boulton, Senior, six years' pension '"at £555, to 1834 3,330 Late Sir W. Campbell, Kt. four and a half years' pension, from July 1829 to January 1834, at £1,333 5,989 Sir David Wm. Smith, of Northumberland, Baronet, eight years' pension, at £222, to January, 1835, 1,776 [This pension was formerly paid to Sir David William Smith, by an annual vote of the Imperial Parliament, but it is now drawn from the slender re- sources of Upper Canada, to augment the wealth of ari English Baronet, whe probably has not seen America for the last twenty or thirty years.] * Sec St Lawrence and Wetland Canal Reports to J "7'slature for ths year 1835, Pensions. 12> William Chewett, pension, as having been the act- ing Surveyor General in the absence of that officer, £400ayear, commencing in May, 1832, nearly three years to April, 1S35 £1,100 Bishop M'Donell, eight years' pension at £444 per annum £ 3,552 Two and three quarter years' additional pension at £111 . 304 3,856 [This is over and above his pension or allowance from Lower Canada, which owing to the spirited resistance of the House of Assembly there, may possibly have been withdrawn, and thrown upon us under the plea of extra services.] COLONEL TALBOT. This gentleman was the Private Secretary to one of the Lieutenant Governors of Upper Canada, and afterwards got 302,420 acres of land (472J square miles) to settle in the London and Western Districts. How he has settled it, or what he has done with the monies he received, is not known at the Surveyor General's office, but he has received a pen- sion or allowance of £444 a year, out of the proceeds of our public lands sold to the Canada Company, and has obtained already from that source, nine years' pension, or £4,000, Some information on this head is promised by His Excellen- cy, in answer to an address reported by this Committee. Pensions for 1S34, paid out of the Provincial Revenue without authority of Law. Hon. W. D. Powell, at £1,111 per annum, (died' this year.) Sir W. Campbell, at L. 1,355 per annum (died this! year.) } £1,540 D'Arcy Boulton, at .L.555 per annum (died thh year. John McGill, at £'500 per annum, (died this year), Captain W. Jarvie, Incorporated Militia. ......... 115 Lieutenant Daniel M'Dougall, Do... 81 Thomas Talbot, Port Talbot. . 444 Sir D. W. Smith, Northumberland, England 222 General Shaw's family.. HI Wm. Chewett, late Acting Surveyor General. ..... 400 No. 14. Archdeacon Strachan's Income, The amount of cash received by Archdeacon Strachan from the 1st day of January, 1826, to the present time out 124 Pensions. of the public revenue of this Colony so far as we have been able to trace it from any official source is as follows : — Seven and a half years President of the Board of Education, at £.300 to 1st of July, 1833 £2,250 Eight years Archdeacon of York at £.333 13s. 4d... 2,700 Nine years an Executive Councillor at £.111 999 He received out of the Clergy Reserve rents on ac- count of the expenses of his first journey to London on behalf of the Clergy 350 In 1833 and 1834 it appears that he received £.152 10s. each year, as " a Minister of the Church of England," (see sess. papers No. 5, p. 20.) 305 Since 1831, the gaol ground, Toronto, has let for £.150 per annum, 3 years (see sess. papers, No. 5, p. 21). 450 " The Small Strip Rents," Toronto, for £.57 10s. 3 years 172 The other acre being part of what was formerly the Hospital Square, Toronto, for £.100 — 3 years, (see sess. papers, p. 21, No. 5.) S00 Annual value of the Archdeacon's Glebe Lots in the Township of York, 1,000 acres, estimat- ed at an average value of £ 50 per annum, for nine years , « . . . , 450 £7,976 Cash paid him for his journey to England frem the Fund of King's College. 1 i Cash in full," being for his expenses incur- red on a journey to and from England, and eighteen months detention there, at the in- stance of the Secretary of State £.678 6s. Sd. (with interest) is (See Journal 1831-2, ^181 of Appendix.) £712 16 2 Cash, being for the moiety of his expences in- curred, in a journey to and from England, " and eighteen months' detention there at the instance of the Secretary of State, while engaged in soliciting from His Majesty's Government the Charter of King's College, and attending to the affairs of the Established Church." (See his Letter sent downto the House this Sess., Sess. Paper, No. 5,p.22.) 678 6 8 Cash paid him for settling the terms of agree- ment with the (Canada) Company when in "Dr. Strachan'^ Income. 125 London in 1827 360 Q [This is the return made by the Receiver General to the Government here, and since placed before the House of Commons. Dr. Strachan in his explanation for the House of Assembly ( See Sess. papers, No. 5, p. 22J affirms that it was in payment of his salary as Archdeacon of York for the year 1825 ; the patent constituting Dr. Strachan an Archdea- con did not issue until 1827. Another return on the Journals of the House of Commons says it was for his services during the refer- ence.] Another item of monies paid to Dr. Strachan is in the return of cash paid from ihe Ca- nada Company's monies to the Doctor " to defray expenses connected with the estab- lishment of an University at York in Up- per Canada."* The Doctor has written in explanation (See Sess. papers, No. 5, p. 22,) but as he has given do details, we have placed that also to the account of his jour- ney.. 600 £2,351 ALSO: $000 acres of Valuable Land in the the Gore of Toronto the estimated worth of which is 25s. per acre or £2 500 [This grant Doctor Strachan tells us was made in aid of his living in this city, ( See his Letters in Sess. papers No. 5, pages 21 and 22, 1835.] In all for his journey £4,851 2 10 Estimated sums paid to Dr. Strachan within the last nine years, brought down 7 976 q £12,827 2 10 In consequence of the refusal or delay of the Lieutenant Governor to send down to the House the Blue Books for 18^ 1325 1826, 1827, 1928, 1829, 1830, 1831, and 1832, and* of Archdeacon Strachan's refusal to give the detailed account required of him (Sit his emdeneo) the Committor are un*- bk to stale the whole of Dr. Strachaa's receipts from th« 126 Governor's Salary, &c, public. It is understood there are other payments for delapi- dations on his living, &c. &c, but the Committee cannot as- certain the amount. No. 15. Amount of Salary and Allowances paid to the Lieutenant Governors of Upper Conada, since the 1st day of January 1827, out of the Public Revenues raised from the people of Upper Canada. Nine years 1 Salary at £.2,222 . £20,000 Nine years' second Salary at £.1,111 10,000 Two and a half years' additional or third Salary to Lieutenant Governor Colborne, (over and above £.3,333 per annum,) £.555 per annum, com- mencing the 1st day of July, 1832 1,666 The Government House, Offices and Grounds, free of all taxes and charges, nine years, estimated at £.500 4,500 Share of Seizures paid to the Lieutenant Governor, 1827, estimated at £.300 1828, estimated at 300 1829, 30, 31, to 27th April 1832 673 Part of 1832 estimated at 400 1833 estimated at. . , 300 1834 556 2,358 Total from Provincial Funds....! ...t.. .....£.38,524 No. 16. Thb Income of Major Genzral Sir John Colborne, in 1334, from all Public sources, is thus stated in the Blue Booh :— Salary « • • • £.3,333 M Allowed £.555 per annum in lieu of pay and al- lowances as Major General on the Staff; out of the Revenue raised from the people of Upper Canada 555 Full pay as a Lieutenant Colonel - 345 His p*ns ion 333 Payments. 127 His share of seizures in the Colony, under the 6th Geo. 4th, ch. 114 565 House and Offices, estimated per annum. . ........ 500 Income in 1834 £.5,631 Until 1827, the Salary of the Lieutenant Governor was paid in England by vote of the Imperial Parliament ; and as tie is, in fact, the Agent of the Colonial Office, the Province ought not to be obliged to pay him £.4,000 per annum. No. 17. Payments to the Honourable Peter Robinson, since July, 1827, Eight years an Executive Councillor at £,111.... £.888 Seven and a half years, additional " Surveyor Gen- eral" at£.555 4,162 Seven and a half years, Commissioner Crown Lands at £.555 4,162 Six and three quarter years Commissioner for the sale of Clergy Reserves at £.500 per annum . . 3.375 £.12,587 And there may have been other payments. No. 13, Payments to the Honourable Duncan Cameron, Secretary and Registrar, since 1st of January, 1827. Seven years' Salary from Canada Company's payments, at £.333 to 1834 £2,331 Seven years' Commutation in lieu of Fees.. .. 5,000 [The officers of the Land Granting Depart- ment received a commutation in lieu of Fees for seven years up to the 1st of January, 1834. They now receive no fees, with the exception of the Hon. D. Cameron, Secretary, to whom an annual allowance of £,700 (£.636 lis. 4d. sterling) is ordered by the Secretary of State for the Colonies, out of the Revenue raised in 3CS Payment*. lbs Province, on account of his disbursement for Stationary for ihe various Patents made out in the course of the year, and furnished bv him. $se Blue Book, page 11, 1834.] Salary for J 834. 8S3 Allowance for 1834 700 Mr. Cameron's office is to him almost a sine- ruro, worth Z.1000 and upwards. He is al- lowed a Deputy, Mr. S. P. Jarvis, who is paid by the Colony, by vote of the Legislature, Ij.200 a year, fordoing the work for which his Principal is again paid Z,.1000. In the Journal of Assembly for 1831, page 117, ihare is an item of additional fees, for preparing *' Special Instruments, " 258 12 £8,624 12 And it appears within the list eighteen months, the Exe- cutive Council have audited his claim to several hundred pounds more as extra fees, within the last two years. No. 19 F \ymexts to the Honourable John II. Dunn, Receiver Gene- ral, since the 1st of January, 1827. Eight years as Receiver General of the Public monies, not under the public control, paid out of the Canada Companv's Revenue at L.222 £ J ,776 Eight years charge to the public for reciving and paying out that part of the public revenue not under its control, which accrues from the Ca- nada Company 1776 (This was a sinecure formerly held by a Mr. W. P^cres Adams, under the title of Agent for the Co- lony.) A parliamentary grant in 1833 ^ nf) S per cent, on Provincial Revenue, l&£7 030 3 do. do. do. 1828 1,248. 3 do. do. do. 1*20 988 3 do. do. do. 1830 1,118 lour vears' second Saiarv from Public Revenue at £.777 per annum, for 1831, 1832, 1833, and 1834.... 3,098 Amount in eirhf y^r* of the Receiver General's income £ l ' ° ' * Paid Clergy. 129 It appears that L.1776 of this money arises from the very objectionable mode of paying public officers by a sinecure ; that is, an office with no duties attached. Mr. Dunn's In- come, as a whole, however, is lower than that of officer! hav- ing far less important duties to fulfil. No. 20. Clergy paid by Government, without the consent, and in op~ position to the wishes of the House of Assembly. The official returns made up at the office of the Honorabla Duncan Cameron, Secretary of the Colony, exhibit the fol- lowing amounts of payments in cash to the Clergy of Upper Canada during the last three years, from funds raised from th« people of the colony : — In 1832, to the Clergy -. £5,438 In 1833, to do 19,719 In 1834, to do 14,673 Also, in 1834, to Methodists, omitted in the Blue Book, by error 611 £40,441 The official details of the expenditure for 1833 and 1834, so far as they couM be obtained, will be found in the statements sent down to this Committee by order of His Excellency oa jhe 2d of April instant, all which are hereto annexed. No- 21. Government House, \ Toronto, 2d April 1835. ( SIR, With reference to your letter of the 28th ultimo, 1 am directed by the Lieutenant Governor to transmit for the informa- tion of the Committee on Grievances, the accompanying documents relating to the payments made to the Clergy of various Churches, and also for erecting and repairing places of divine worship for the vears 1833 an d 1834. An explanatory letter from the Inspector General, respecting the crrrssion in the Blue Book, of the sum of £550 paid to the Britiah Wesk-y^n Methodists in 1834, is annexed for the information of t' e cnmr.iif^ . , His Excellency dcs;r-? me to mention, tW the committee t wiB J 30 Paid Clergy. observe from the accounts furnished by the Receiver General, that half yearly statements are transmitted by the Receiver General through the Lieutenant Governor, to the Secretary of State, of the receipts and expenditures of the Crown Reserves. I have the honor to be Sir, Your obedient servant, Wm. ROWAN. W. L. Mackenzie, Esq. Chairman of the Com- ) naiUee on Grievances, House of Assembly. \ No. 22. Extract of a Despatch from the Secretary of Stats for the Colonia to the Lieutenant Governor. , Dated, Downing Street, 21ih January 1834. ** And considering the heavy charges to which the Casual Revc- * nue will for some years be subject, I am compelled to desire, that "the grant in aid of the erection of Dissenting places of worship *«Jwli continue to be £2,000 instead of £4,200." No. 23 (Copy.) Government House, ; 30//* March, 1835. { BIR, I am directed by the Lieutenant Governor to forward to you the accompanying remarks from the Chairman of the Griev- ance Committee and two extracts from an address of the House of Assembly, and to request, that the committee requiring information on certain accounts may be afforded such explanations as will shew rha statements, in which the sums granted to the Ministers and Churches of each denomination are to be found. W»i h the account? of the Casual and Territorial Revenue were forwarded, a nominal list of the Clergy of the Church of England receiving salaries, and the amount of salary of each. I am also to accquaint you, that as the committee complained, that th*»y have not received all the information they required, His Ex- cellency begs that you will report why you have not furnished the accounts applied for, as a copy of the address was transmitted to you. 1 have fee. Wm. ROWAN. Reeeiver General. Paid Cllrgy, 131 No. 21. Receiver General's Oppick, > Toronto 3lst March, 1835. \ SIR, In reply to your letter of the 30th inst. transmitting a communication from the Chairman of the Grievance Committee, together with two copies of addresses to His Excellency on the subject of appropriation made from the funds of the Casual and Territorial Revenue, &c. to the various denominations of Clergy, and for bnilding Churches, &c. for the years 1833 and 1834—1 have the honor to state for his Excellency's information, that the accounts already furnished will shew the sums paid with all the information in my power to afford. In order therefore, that it may be more clearly understood, I beg to enclose statements of the amounts paid by me under his Excellency's warrants, authorised by hie Majesty's Government in England during these two years, toge- ther with copies of such lists of the Clergymen of such denomina- tion, and for building Churches. As his Excellency desires me to report why I h$.vc nc' fisnv.s v «* or? p* * 3 t=» •=■ ^ 5* _ a sa ^o or <-<■ F* •? tr i h J; b a • - 8 =• B. ff - 2 O qd y Q r; rj t». CO - C fl> a *-< = <-~ C cc te »-2 "*■ O Or Eg O 2.CH a "~ ^"ors. a . E? » 2 -5* E 5» o E* 2 o b Er*< b — o ~ = £ ~. ~. „£ 2. S< 5 r »■ s r § s- s? o -^ e -- 5 s $ a ck - i i ■ i i i i i ?0 WWUWKMaCKCC^CiwKK WOO HHi-'^-HkWHI-^-f^^-Hr• v • I— l OS ClCO Cn in cn Cn Cn W O W CI CA C Ci W CA • Cn © © OOOOOOCOOOCOOO?- _© CCCC_. 4*J to- to- fcS- to- SO- tO- »- (v*- tCr- K— tC~ IO- 8? CC fc f I- : CC CC Presbyterians & Roman Catholics. 137 No. 23. c. List of Clergy of the United Presbyterian Synod of Upper Canada — January to June 1833. Names. Stations. 1st July 1833. Sterling £ S. d. The Rev. P. Ferguson, Esquesing, 31 16 H Andrew Bell, Toronto Township 31 16 4i Duncan McMillan, Caledon, 31 16 4* Wm. King, Nelson, 31 16 4* Robert Boyd, Prescott, 31 16 H Robert Lyle, Osnabruck, 31 16 44 Geo. Buchannan, Beckwith, 31 16 4* John Bryning, Mount Pleasant, 31 16 u Wm. Smart, Brockville, 31 16 4* Robert McDowall, Fredericksburgh, 31 16 H John Gemmill, Lanark, Total £ 31 16 U 349 19 101 Equal to £388 17 8 Currency. No. 29. D. Schedule of Monies paid to Roman Catholic Churches out of the sum authorised by His Majesty'' s Government to be expended on Roman Catholic churches and chapels in this Province, during the year 1833. To WHOM PAID. SITUATIONS OF THE C^J' „ :hes. &■-. oterimg. The Rev. Edw'd Gordon, Mr. Timothy O'Connor,. Alex'r McDonell, Esq.,. John Lyons, Esq Rev. Murt Lalor, Mr. Michael Russell, Mr. Peter Polin, } James Fitzgerald, > .. . . Alex. McDonell, ) Alex. Fraser, Esq....... Trustee,' Toronto, ,. . . . . . .do.. .JGuelph, . . .dc^jPeterboro' . . . do.. .(Niagara, Adjala, Toronto Gore, .do. .do. .do... ,do... St. Catharines, St. Raphael's, | (Glengarry, j Total,.. £ £ s. do 27 54 135 90 40 40 55 300 r 41 E-i'ial to £823 G 8 Currency, 138 Paid Clergy. No. 30. Statement of Payments made to the Clergy and Churches of different denominations in Upper Canada, under War- rants of His Excellency the Lieutenant Governor, during the year 1834. To WHOM PAID AXD BY WHAT AUTHORITY, &C Provincial Currency Dollars < References. 2: Salaries of the ministers of the Church of England in this Pro vince, for the year ending 30th June. 1834, pursuant to Lord Goderich's despatch of 5th April, 1832, - Salary to the Hon. and Rev. John Strachan as Archdeacon of York, for the like period, authorised by the Lords of the Treasury, 31st August, 1827. Salary to the Rev. George O'Kiil Stewart as Archdeacon of King- ston, for the like period, same authority, 33 6 8 Salary to do. as one of the clergy of the established church, same period, j 111 To paid sundry missionaries of the Church of England in this Pro- vince, to make up 85 per cent. on their salaries ; and pension? to three retired missionaries and two widows, formerly paid by the Society for the propagation of the Gospel, authorised by Mr. Secretary Rice's despatch of 5th August, 1834, for the period ending the 31st Dec. 1834, Salary to the Roman Catholic Bi-. shop, for the year ending 30th June, 1834, authorised by the Lords of the Treasury, 31st August, 1827, | 555 11 H Salaries to ministers in connexion with the established church of Scotland, for the yeir end Vid Lists A.&B. 4220 7 4f < Paid Clergy. 159 _ « „ Provinc TO WHOM PAID AND BT WHAT AUTHORITY, &C p^^, fl g g< ^ References. the 30th June, 1834, per Lord Goderich's despatch of 23d May 1831, Salaries to ministers in connexion with the established church of Scotland, for the 6 months end- ing the 31st Dce'r, 1834, per Lord Goderich's despatch, 23d May, 1831, Allowance to the Roman Catholic priesthood, for the year ending 30th June, 1834, authorised by the Lords of the Treasury, 31st August, 1827, as per warrant, Paid sundry persons, being por- tions of the allowance made bj His Majesty's Government, to be expended on Roman Catho- lic churches and chapels in thi Province, Salary to the Rev. Wm. Beli, Pres byterian minister at the Rideai Settlement, for the 12 month ending the 30th June, 1834, au- thorised by the Lords of thi Treasury, dated 16th Jan. 1818 Allowance to ministers of the Uni- ted Presbyterian Synod of Up- per Canada, for the year end- ing 30th June, 1834, per des- patch of His Majesty's Secreta- ry of State for the Colonies,.. . Do. for the half year, ending 31st December, 1834, House rent to the Lord Bishop of Quebec, for the year ending 30ih June, 1834, pursuant to Sir G. Murray's despatch of 25th Jan. 1830, Paid John Willson, Esq. on behalf of the Canadian Wesley an Me- thodists, being a proportion of the sum appropriated by His Majesty's Government, to aid in £ s. d. 1243 17 10 859 11 10 1111 2 2J 512 2 2A 111 2 2J 798 7 9| 403 12 2| 200 ■E. — 140 Paid Clergy. ~ . „ i Provincial Currency. To WHOM PAID AND BY WHIT AUTHORITY, &C j Do ]] ars a 5,, ea ,.).,' Rcference«. £ s. d. ; the erection of places of wor- ship in this Province, 388 17 9Jj To paid the Rev. Joseph Stinson,' representative of the Me*thodist| Missionary Society, London,! and General Superintendent of' Wesleyan missions in Upperj Canada, being the sum autho- rised by His Majesty's Govern ment to be applied to aid in the erection of Wesleyan Methodist chapels in this Province, ' Gil 2 2Jj To paid the Right Rev. and Hon. Alex. McDonell, R. C. Bishop! of Regiopolis, being the amount] of pension conferred on him fori special services by His Majes^ ty's Government, as directed by: Mr. Secretary Stanley's des-, patch of 22nd Dec. 1833 ; thej present payment being for thej period between the 1st October^ 1832 and 30th June, 1834, in-j elusive at the rate of 100/. stg.j per annum, ; 194 8 10$ JOHN H. DUNN, R. G. Receiver GcneraVs Office, \ Toronto, Slst March, 1835. J Ecclesiastical Establishments. 141 No. 30. (A.) Extract from the Estimates for Miscellaneous services, for fiv« quarters to 31st March, 1833, ordered by the Houie of Com- mons to be printed. CLERGY, NORTH AMERICA. Estimate of the charge of defraying the Expenses of the Ecclesiastical Establishment of the British North Ameri- can Provinces, from the 1st day of January 1832, to tht 3\st March, 1833: £27,433 13s. Id. LOWER CANADA. 3,000 500 400 200 300 200 150 100 Bishop of Quebec Archdeacon of Quebec Rector of Quebec Minister of Trinity Chapel, Que- bec Rector of Montreal I " " Three Rivers i 14 " William Henry j t* M Durham j f " Chatham \ 100 " " Caldwell Manor 100 M '' St. Armand ! 100 Evening Lecturer at Quebec \ 150 M " Montreal....! 150 Verger of Quebec | 30 Rent of Protestant Burial Ground. Presbyterian Minister, Quebec. . . " M Montreal . . Roman Catholic Bishop, Quebec, 20 13 50 NOVA SCOTIA. Bishop of Nova Scotia Archdeacon Presbyterian Minister To the Governor of King's Col lege for the expenses of that in stitution Archdeacon of New Brunswick. Minister at Prince Edward's Is land 50 1,000 2,000 300 75 1,000 300 o o ! 100 6.600 IS < 3,775 ' 6,600 13 6 142 Ecclesiastical Establishments. . 3.775 Archdeacon of Newfoundland .... 300 Roman Catholic-Bishop ... 75 To the Society for the Propagation of the Gospel, in aid of the ex- penses of the society in the Colo! Dies of Upper and Lower Can- aria, Nova Scotia, New Bruns- wick, Newfoundland, Pri Edward's island, and the Cape. ! ll,000 Total for one year, from 1st A mil. 1832, to 3ist March, 1833.... Add for one Quarter of 183:2 .... j. 6,tiJ0 lo 15,150 ft 21,750 13 5,CS7 14 Total , £ 27,43^ 13 1 Dooming Street, Nov. 21, 1831. Em, I am directed by Viscount Goderich to inform you, that in consequence of the strong- objections which exist to the practice of making grants of public money in aid of the funds derived from private subscriptions by associations for charitable purposes, he has had under his consideration the propriety of discontinuing that which it has of late years been usual to make to the Society for the Propagation of the Gospel. His Lordship is of opinion, that it is desirable that the assistance thus given to the society by the Parliamentary Grant, should be withdrawn, and that in future it should be left to depend according to the intention entertained at the time of its original institution, upon the subscriptions received from private individuals. In con- sideration, however, of the extended field of the operations of the Society, and of the great inconvenience which might be expert enced from the sudden loss of so large a portion of their income as that derived from the public, Lord Goderich is of opinion that it. wouM be expedient that the change which he contemplates, should rather come into gradual than immediate operation ; he has therefore directed me to request, that you will submit to tha JiOrds Commissioners of the Treasury the propriety of proposing to Parliament the following grants. In ttie year 1S32 the *um of 12,0602. instead of 16,182/., the vote for the present year ; 1833, 8,000/. and in 1^34, 4,000/. being the last year in which Lord Goderich conceives thai it will be necessary lo ask any thing from Parliament for the support of the Society. I am directed to request that you will move their Lordships to fa- vour Lord Goderich with their decision upon the proposal submitted to them, at their earliest convenience, as it is desirable that the ♦Society should Urn without delay the course it is intended to p ursue. I have, &-c (Signed) HO WICK. Ecclesiastic al Establishments. 143 C '/';,/ of Minute of the Lords of the Treasury, of 2o'h November, 1831, on the aforegoing Letter of the Secretary of State. Write to Lord Eiowick, for the information of Lord Goderich, tha' mv Lords concur in ins Lordship's recommendation thftt tha grant to be proposed to Parliament tor the Society for the Prona- tion of the Gospel in Foreign Parts, should be reduced to the sum ofl''\000Z. in the y*ar 1832, to 8,000/. in the year 1838, and to 4,0002. Hi the year 3834, and that no further grant should be pro- posed after that year. Downing Slree', 18th January, 1832. Sir, In requesting that you will lay before the Lords Com- m'ssioners of the Treasury the accompanying Estimates for the different Colonial Establishments for the year 1^32, 1 am directed by Viscount Goderich to request thai you 8 will call their Lordships* attention to the charge which now, for the first time, appears in a separate estimate for maintaining the Ecclesiastical Establishment of the North American Colonies. This Estimate includes : First, the salaries of the Clergy of the Church of England, of the Ro- man Catholic Bishop, and of two Presbyterian Clergymen in Cana- da ; these amount altogether to 6,600/. .18s. 6d. ; and have fw a long series of years been defrayed by an a'uvance from the Military chest, in aid of the expense of the Civil Government of the Pro- vince. ►Secondly, the salaries of the Bishop of Nova Scotia, and the Archdeacons in the several Colonies in his diocese which have been transferred from other estimates. Thirdly, the sum of 1,009/. which has annually been voted for the support of the K-.ng's College in Nova Scotia ; and lastly, the sum of 12,000/. for the Society for the Propagation of the Gospel in Foreign Ports. Lord Goderich has directed the whole of these several charges to be included in the same Estimate, because, being nil incurred for purposes connected with the religious instruction of the inhabitants of British North America, he is of of opinion that it is convenient to exhibit, at one view, the whole expense incurred for an object, which, in the present state of these Provinces, he conceives ought rather to be provided for by the Colonies them- selves than by the Mother Country. In pursuance of this opinion, Lord Goderich would hive been most anxious t-e have found, if pos- sible, the means of disp msing with the present estimate ; as, how- ever, the Colonial Legislatures could not fairly be called upon to defray the expense of an establishment which has been formed without their concurrence or advice, whilst some of the individuals of whom it is composed have accepted their present situation on an understanding that they were permanently to be kept up, it has appeared to lis Lordship that justice to the Colonies on the one hand, & to these individuals on the otiier, would not. permit the sud- den discontinuance of the pecuniary assistance hitherto afforded by this country. He proposes, therefore, that this assistance shou'd be gradually withdrawn as soon as a due regard to existing claims w II permit. With respect to the Society for the Propagation of th* G ispel, the Lord*? Com ni woners of the Treasury have already anctioned an arrangement which hat been communicated to tha 144 Ecclesiastical Establi&ilmljni's. Secretary of that body ; upon the same principle Lord Goderich would suggest the proprie y of making, in the present year, the usual grant of 1,000Z. to the King's College in Nova Scotia, re- ducing this sum to 500Z. in the year 1833, after which it might be altogether discontinued. With respect to the salaries directly paid by the pub lie to the indivduals by whom they are received, Loi d Goderich conceives that they stand on somewhat differents grounds, from the assistance given to corporate bodies having other and fluc- tuating sources of income. These salaries, forming the two first items of the estimate, having been accepted under the idea that they would be a provision for their lives by persons who have abandoned other prospocts in their profession, his Lordship is of opinion that that they should continue to be paid during the lives of the parties by whom they are received, or until they can be otherwise provided for. With this explanation I am directed to request that you will bring under the consideration of their Lordships the propriety of iubmitting to Parliament the accompanying estimate. I am, Sir, Your Most Obedient Humble Servant, HOWICK. The Honorable J. K. StEWART. No. 31 A. List of the Clergy of the Church of England in the Pro- vince of Upper Canada, 1st January , 1384. STERLING. CLRREXCY- £ s. d £ s. d. Romaine Rolph Amherslburgh . 46 13 4 John Miller Ancaster 46 13 4j Thomas Campbell... Belleville 46 13 4 Edward Deroche... . Brockville 33 6 a J. Thompson Cavan .... 33 6 8 Thomas Morley Chatham 46 13 4 Alex. N. Bethune. . . Cobourg 46 13 4 George Archbold . . - Cornwall 46 13 4 John Anderson Fort Erie 46 13 4 George Grout Grimsby 46 13 \ William Macaulay . . Hallowell ..... 46 13 4 Geo. OKill Stewart, L. L. D Kingston 33 6 8 Richard H. D'Olier. Peterboro' 25 Richard Flood Beckwith 25 Benjamin Cionyn . . London 33 6 8 Church m England. 145 3TfciU.l>G. Ralph Leeming . . . John G B. Lindsa\ Thomas Creen .... Michael Harris Samuel Armour. . . Robert Short Mark Burn ham James M Grain Francis Evans Rnssington Elms. . . William Gunning.. Saltern Givins Arthur Palmer .... Vincent MayerhoiFer George Mortimer. . . John Strachan, 0. D. J. Grier ! lamilton \Viiliainsburgl Niagara ?erth "avan Richmond. . . . ^t. Thomas. . Toronto .-..-.. Woodhouse. . . Yonge, &c. . . . Molawkludiam Guelph j Mark ham Thornhiil. . ... York.. •.-.,.;... Carrying Place £ s. d. 46 13 4 46 13 4 46 13 4. 46 13 4 46 13 4 46 13 t 46 13 4 35 (• 46 13 4 33 6 e 46 13 4 45 13 4 33 6 g W C 50 100 70 1406 13 £ £1562 19 3j - B.— No. 32. List of the Clergy of the Church of England in the Pro- vince of Upper Canada, 1st July , 1834. Dr. Strachan, , J. Mao-ruth, . . , J. Miller, T. Green, G. Grout, W. Leeming,. . , J. Anderson, J. Clarke, M. Burnham, . . F. Evans, R. Rolph, T. Morley, A. N. Bethune, J. Coghlan,. . . . S. Armour,. . . . Dr. Stuart,. .. . J. Stoughton, . . J, Deacon, .... Trios. Campbell, *. Gr.er, W. Macau!.- y, Toronto, .... ........ Credit, township Toronto Ancaster, Niagara, Grimsby, Chippewa, Fort Erie, .- St. Catharines, St. Thomas, VVoodhouse, Amhersiburgh, Chatham, . Cobourg, Port Hope, Cavan, Kingston,. ... Bath, ... Adolphustown, Belleville Carrying Place, Murray, I llallawel',; , ... £ 3. 96 5 70 70 50 50 60 60 o 50 a 60 60 no 50 50 50 o 50 n 86 26 o 50 o [3036 S c. ■No. 33. LisV of Missionaries, tyc. of the Church or Englajtd, the Province of Upper Canada. 1st January, 1835. [For the previous six months,] George Archbold, . . Cornwall, £ 100 LOO 100 57 100 100 100 100 100 100 JB. 10 John Anoerson A. N. Bethune Fori Erie Coboorg Robed Blakev Prescott, F. J. fcosweili . M;»rk Burnlnm ^ *4l0miM ' ■■'!. . Dalhoiisie Si. Thoraas B HcvUle R ; .. noroe .... r .Fprw-s f lift] ke» 11 mpi Coghlan Jt.\) n.\nfon S f . 1 ies Port Hope \do1ph ns town II ISSIONAI'.IUS. n; Francis Evaos, .... Saltern Giving, John Grier, G. R. F. Grout, W. II. Gunning,. . . . Michael Harris,. . . . William Looming,. . J. G. B. Lindsay, . . John Miller, James Magrath,. . . . Thomas Morley, . . . William Macaulay, . Henry Tat ton, Horn line Rolph, Robert Short, John Strachan, John Stoughton,. . . . G. O'Kill Stuart,.-. Joseph Thompson, . Samuel Armour, . . . D. K.Blake, B. Cronvn, E. Deroche, R. H.D'Olier, William Johnson, . . V. Mayerhoffer, G. Mortimer, F. Mack J.Padfield, A. Palmer, W. Bettridge, R. Flood,. 1 Thomas Phillips,. . . J. Radcliff, J. Short, Woodhouse, f Mohawk Tract, » \ Bay 6f Qulnte, j ( !a crying Place,. . . . Grimsby, Elizabetfyown, Perth, Chippewa { Williamsburg & \ \ Matilda. j Ancaster, Toronto township, . . Chatham Hallowell, Oxford, Amherstburg, , Richmond, City of Toronto,. . . Bath, Kingston, ( 'avan, Peterborough, Adelaide, , London, Brockville, Peterborough, Sandwich, Markham, Vaughan, , Osnabruck, March, Guelph, Woodstock, Carradoc, Etobico Warwick, Richmond 100 100 o 100 : 100 ' 100 1 100 i LOO I 57 10 100 57 10 100 100 100 100 100 137 10 100 100 120 30 50 50 50 50 50 30 50 30 30 50 50 j 50 50 1 50 33 6 £3033 6 8 Retired Missionaries. Ralph Learning,. J. O. Weagant, . J. I). Petal 5Q 50 15 H3 Church of Scotland, Widows receiving Pensions. Mrs. Mountain, . Mrs. Samson, . . 25 25 Sterling.... £3,798 6 8 Currency.... £4,220 7 4} Fund D. & E.— No. 34. £,I9T of the Ministers in connexion icith the Established Church of Scotland in Upper Canada, 1st Jari*y and 1st July 1834, and 1st Jan'y 1835. Names. Stations. 1st Jan'y. 1834. 1st July 1834. 1st Jan'y. ]835. £ s. d. £ a. d. £ e. Conference. ) No. 40, Copt. Government House, Toronto, ) 4th July, 1834. J fGBNTLEMEN, I am directed to acquaint you, with reference to the applications of His Majesty's Government from several religious denominations for assistance in the present state of the Province to enable them to build churches or chapels. The Lieutent Gov- ernor has been authorised to place at the disposal, this year, of the British Wesleyan Conference the sum of £550, to be applied in electing such churches or chapels as may be required ; and I am to inform you, that on your stating the manner in which the grant is to be applied, His Excellency will order the amount to be placed at your disposal. I have, &c. Ws. ROWAN. The Wesleyan Methodist Conference. No. 40. (a.) To His Excellency Sir John Colborne, Lieutenant Gov- ernor of the Province of Upper Canada, Commander of His Majesty's forces therein, fyc. &fc. Spc. May it please Your Excellency, I had this day the honor of receiving through the Rev. James Richardson, a communication from Your Excellency, respecting a grant of £559 to the British Wesleyan Methodist Conference ; the order for which Your Excellency is pleased to say you willgive on being msde acquainted with the manner in which the above sum is to be appropriated during the ensuing year. While on behalf of the British Wesleyan Methodist Conference and Missionary Socie- ty, which I have the honor to represent in this Province, I gratefully acknowledge this pecuniary assistance, I beg permission to inform "Jour Excellency, that it will be applied to the erection or repairing Canadian "VTeslEyan Conference. 155' of chapels and school houses, and defraying the general expenses" of the various mission stations in our charge. I have the honor to be, Your Excellency's very obedient Humble servant, JOSEPH STIIWSON, City of Toronto, July 7. 1834. No. 41. €opt, Government House, Toronto, 4lh July, 1834, Gentlemen, I am directed to acquaint you with reference to the applications to His Majesty's Government from several religious denominations, for assistance in the present state of the Province, to enable them to build Churches or Chapels. The Lieutenant Governor has been authorised to place at the disposal, this year, of the Canadian Wesleyan Conference, the sum of £350, to be appli- ed in erecting such Churches or Chapels as may be required ; and- I am to inform you, that on your stating the manner in which the grant is to be applied, His Excellency will order the amount to bd' placed at your disposal. The Canadian /' Wesleyan Conference. $ I am, &c. Wm, ROWAN, No. 42. Resolutions of the Canadian Wesleyan Conference,- Resolved, That should His Majesty's Government be plessc-dh to grant pecuniary aid to the Canadian Wesleyan Methodists, ac- cording to the application that has been made to His Excellency the Lieutenant Governor, Sir John Colborne, for that purpose. If such aid shall be restricted to the building or affording aid irr building Chapels and Houses of Worship, or in paying for such as have been built and not wholly paid for, the same is hereby direct- ed to be applied in the following manner, that is to say :-— Towards the building a house in the town of Peterborough-— Pe- terborough Ci'-cuit, Newcastle District. For the Brck Chapel in Grantham at the Ten Mile Creek, in tha District of Niagara For the Chapel of 30 Mile Creek in Clinton, District of Niagara, Towards the building a house on the-.Landsdown Circuit, in th3 : Johnstown District, in the township of South Crosby or Bastard, For a Chapel in the Town of London, in the London District, 150 Canadian Weslevax Conference. To one in St. Thomas', District of London. To one in Vienna Village, snme District. Toone in the Town of Hallowell, Prince Edward District. To paying for the sum due on a Chapel, building in the township of Young, in the Johnstown District. Towards the building or paying for a Chapel in the City of To- ronto, if circumstances should make it necessary. Resolved, That John Willson, Esquire, is hereby fully author- ised to apply to His Excellency the Lieutenant Governor for any aid that may be granted to this Conference* and receive the same, and to sign any acquittances or give any receipts that may be ne- cessary in the premises, and to distribute the same in the manner hereinbefore directed, and to prepare and lay before the next annual Conference a true and faithful account of all monies by him receiv- ed on the grounds of the aforesaid resolutions. By order of the Conference, A. K. McKENZIE, JOHN FLANAGAN, Sec'y. Hamilton, Newcastle District, 19th June 1834. No. 43. Colonel Rowan, Private Secretary to His Excellency the Lieutenant Governor, fyc. fyc. fyc. SIR, For the information of His Excellency the Lieutenant Governor, as required by your letter to Daniel Breakcnridge, Jun'r Esq , dated Government House, York, 28th June, 1833, — and by whose recent death, it now devolves on me to answer the said com- munication, being under cover to Jonn Willson, Esq. of Saltfleet, I was early made acquainted with its contents, and communicated the same to Mr. Breakenridge, then in a distant part of the Province, and appointed an extra meeting of the Conference, for the purpose of submitting His Excellency's acquirements ; at which time a number of the preachers and delegates being present, — but the then sickness and subsequent death of the Reverend David Breack- enridge, President of the Conference, is the sole cause why that required explanation has not been given sooner. I beg to state that it was resolved, the grant made by His Majes- ty's Government to the Canadian Wesleyan Methodists should be applied particularly in building a Chapel In the town of Hamilton, and in rebuilding one recently destroyed by fire in Ancaster, and to aid in building such other places of worship as a Committee ap- pointed by the conference might be enabled to apply the surplus means thereto, if any such there be. And lam further directed to state that John Willson, Esquire, M. P. P. is fully authorised to receive the said sum of money for and in behalf of tne Conference. I have the honor to be, Sir, With great respect, Your most obedient And very humble servant A. K. McKENZIE. Hamilton, October 31. 1833. CtitT&CH OF .ScOTT.AND. T\o. 44. 157 Copy, CrBNTLEMEN, tlovKnxMKNT House, ) loth March, 1833. V I nm directed by the Lieutenant Governor to ac- quaint yon with reference to several memorials, which have been transmitted to the Secretary of State for the Colonies from con- gregations under your charge, that His Majesty's Government ha» authorised a grant of £900 to be made this year for the purposa of assisting your congregations in building churches and chapels; and 1 am to Inform you that on your stating the manner in which the grant is to be applied, His Excellency will order the amount sanctioned to be placed at your disposal. I have, &c. The Synod eptablished in Upper ) Canada, in communion with > ihtt Church of Scotland. 1 WM. ROWAN, N. Copy. HOVETIKMENT HoUfll?, { Toronto, 4lh July, 1834. \ Gentlemen, I am directed to acquaint you with reference t« it) the applications to His Majesty's Government from several reli- gious d'Miorn (nations for assistance in the present state of the Pro- vmee to enable them to build Churches or Chapels, the Lieutenant Governor has been authorised to place at the disposal this year of trie Presbyterian Synod of Canada, in connexion with the Estab- lished Church of Scotland, the §um of five hundred and fifty pound* to he applied in erecting such churches or chapels as may be re- quired, and 1 Am fo inform you, that on your slating the manner ii which the grant is to be applied, His Excellency will order-in* amount to be j bced at your disposal. I am ,&c, ■VKOO ^s 'abtishrd in rim- ) wm: rowan, mumon with the Church of > Seo hnd. S Ass em. \o. 21. A 2 153 Church of Scotland. No. 46. Kingston, Julu 17, 1834. Sir, Your letter of the 4th instant addressed to " The Synod of the Presbyterian Church in Canada, in connexion with the Es- tablished Church of Scotland," stating that the Lieutenant Gover- nor has been authorised to place £550 at the disposal of the Synod of Canada this year, shall be laid before the Synod at its meeting during the first week of August. in the meantime, I have the honour to transmit, for His Excel- lency's satisfaction, a statement of the payments made by me out of the grant for last year, together with the vouchers for the same, which I have numbered for the sake of more convenient reference. Received. 183& II. C. August 26th. — By amount of Government Grant £1000 Paid. Vouchers. 1833. 2. August"26th. — To the Reverend William Riotoul, for the Moderator of the Presbytery ofYork £320 2. September 16th. — To the Moderator of the Presbytery cf Kathurst 80 3. October 10th.— To do. do. do 145 4. November 8th. — To the Trustees of <£obourg Church by order of the Presbytery of King- ston 75 5. November 8th.—- To the Moderator of the Presbytery of Glengarry 225 1834. 6. January 13th. — To the Trustees of Colborne Church, by order of the Presbytery of King- ston 50 7.- March 11. — To the Reverend A. Gale for the Church at Hamilton, by order of the Com- mission 50 £945 Balance £55 It will be perceived from this statement that there still remains in my hands a balance of £55, to be disposed of by the Synod. It is proper, however, to state that this balance was reserved, r.ct because there were no application for it but became the commission at their meeting in January last, felt a difficulty in deciding en the competing claims of the different congregations applying for it. I had hoped, before the meeting of Synod, to have been enabled to place in His Excellency's hands, a general report of the actual application of the moni< a paid to the several Presbyteries, grow Roman Catholic Church. 159 on the returns made by the Moderators of these Bodies, butaa these returns have not been all made, and I find cannot in some cases, be made until the meeting of the Synod, the furnishing of the report in question must form a part of the duties of my successor as Mode- rator of Synod. I beg to state further, for His Excellency's information, that while 1 am at present unable to name the exact number of places from which there will be applications to the Synod this year, for as- sistance from the Government Grant for Church building, all the requisite returns not having been sent in to me, I am convinced from those reports of our Presbyteries, which I have seen, that the number of such applications will be considerably increased this year, and that the Synod with the funds at its disposal, will not be able to meet the demands that will be made upon it. I have the honor to be, Sir, Your Obedient Humble Servant, JOHN MACHAR. Moderator of the Synod of Canada. Lieut. Col. Rowan, Government House, Toronto. 1 have to request that the accompanying vouchers may be return- ed to me, after they have been submitted to His Excellency. J. M. No. 47. Copy, Government House, > I5tk March, 1833. J My Lord : I have the honor by the direction of the Lieuten- ant Governor to acquaint your Lordship, that His Majesty's Government has authorised a grant to be made this year of £900 to be expended in building Churches and Chapels for the use of the Roman Catholic congregations in this Province, under the control of such Trustees, as may be nominated to superintend the erection of the particular Chapels required, and I am to inform your Lordship, that on your stating the manner in which the grant is to be applied, His Excellency will order the amount sanctioned to be placed at the disposal of the Trustees. I have, &c. Wm. ROWAN. The Honorable and Right Rcv'd, ) Bishop MuDonell. ) KjQ Roman Catholic; Church. No, 48. A List 'of Commissioners appointed to see that the sevtral turns allotted to the following Churches out of the govern- ment grant (for building Catholic Churches) be prudently and properly laid out, according to their resjjective appoint- ment. C0M.-UlaSlO.NKKS. • Churches. Sums allotted to eackChiiroh Colonel Alex. Fraser, Hugh McGiilis Esq. Mr. Archibald McDonald, ■ Glengarry, 300 150 100 60 40 40 40 30 ». u. Alex. McDonell, Esq., Doctor Coning, Peterboro', John Lyons, Esq., Donald McDougal, Esq. Mr. Harris, and Re?. Mr Polin, Niagara. 3 Rev. John Cassidj, Mr. O'Connor, and Mr. McGiiiis, Guelph, Hon. Alex. Grant, Mr. John McMaster, Hev. John Culleu, Longueil, Rev. Edward Gordon, Mr. Johu Maguire.' fieur., Charles Doherty, Toronto, Rey. Mr. Lalor, Mr. RusseJ, • Cure of Toronto, Rev. Murt Lalor, Mr. Keenau, and Mr Kelly, Adjala, Rev. Edward Gordon, Mr. O'Brien, Loughboro', Rev. John Culleu, Alex. McDonell, Sher- iff, Mr. Molloy, Petite Nation, 30 fiev. Lawrence Denipsey, Mr. Bell, Pcnetauguishine j 30 Alexander McDonell, Esq., Mr. Jamee Pttzgeraid, Rev. Mr. Polin, St. Catharine?, 55 SOU G> ALEX. MACDONELL, L> T.. Roman Catholic Chufxii. iGi No. 48. (A.) Copy, Government House, \ Toronto, 4th July, 1834. J Mr Lord Bishop: I have the honor by the direction of tho Lieutenant Governor to acquaint your Lordship, that His Majesty's Government has authorised a grant to be made this year of £550, to be expended in building Churches or Chapels for the use of the Roman Catholic congregations in this Pro- vince, under the control of such Trustees as may be nominated to superintend the erection of the particular Chapels required ; and I am to inform your Lordship, that on your stating the manner in which the grant is to be applied, His Excellency will order the amount sanctioned to be placed at the disposal of the Trustees. I have, &c. To the Honorable and Right Rev'd, ) B:snop McDoxell. ) Wm. ROWAN. No. 49. £For the year 1834.] Distribution of Government allowance for building and finishing Catholic Churches and Chapels, To the Church at Maiden, ..£90 London, ...... 50 St. Thomas, 50 Guelph, 30 Niagara, . 91 St. Catharines,. 30 PortHope,. 20 Camden, 20 Trent, 20 Cornwall 20 Kingston, 150 Loughboro/.. ............. 40 £550 Sterling reduced to ) -.. Currency, j 0il Roman Catholic Church. Commissioners to expend the above htm upon the respective Churches. Fo jf'grtt t c n» 1 1 ( Rev. Aneus McDonell, r the Church of Maiden \ T ~ , . „ .„ ' . , n < James Caldwell, Esq. or Am hurst bun:, i r . P n n r «-' ( r ranns Caldwell, Esq, r London, St. Thomas, Guelph, Niai Rev. Daniel Downey, . Dennis O'Bryan, Esq, ( Patrick Smith, Esq. ( Rev. Daniel Downey, •] Hugh O'Byrne, Esq. ( Lawrence Doyle, Esq* ( Rev. Jphn Cassidy, the revenues raised out of the people of Upper Canada,) was, £5,438. In the return sent in 1833, to IIi3 Majesty's Government i.i England (see Blue Book) an account is given of 45 Parishes, hi all of which there is at least one clergyman, and in some Parish- es two. The population of each Parish is also set down, and th ' number of persons who geaerally attend the services of the Church of England. In a note it is stated that "they (tl..» Clergy) derive no local benefit from their respective chorgeO The sum of 9,G02Z. paid this Clergy, in 1834, is shown in «] ~ official return to consist of the following items, namely, s,';'-. ." two Archdeacons 6661. , Secretary and Registrar of the Olerj j Corporation 262Z. ; contingent expenses of clergy corporation 7691 ; House rent to Bishop of Quebec 200Z. =9,6021. M Part of the salary of the Bishop of Quebec was allowed to be paid out of the proceeds of the Clergy Reserves, as a tempo- rary arrangement, but it is now paid by vote of the Imperial Par- liament, "Blue Book, 1833, page 102." The salary of the Bishop of Quebec is 3333/.* currency, over and above his house rent at Toronto, for which the people of Upper Canada are charged £00J". [We perceive a salary of 1500/. sterling directed by Lord God- erich to be paid thc'Bishop of Quebec from the casual revenue. but this was only a temporary expedient, for a patt of his iucoin and the order has lleen since withdrawn.] In the returns sent down to the Assembly, we find the follow- ing payments from monies raised in Upper Canada, 1833. Appropriation to George II. Mark kind, Secretary to Clergy Corporation, to support ministers of the . Chutch of England (from fund D.) -,--.. - £33.8:1 Payments from Clergy Reserves, l\>r the support of Min- isters of the Church of England, for 12 months, ending June 1833. - - - - - ^ - - - ^- - _ _ .! Tn MayorhofFer for building Church in Vaughan - - . •» IN 1831, To sundry missionaries of the Church of England, and ^pensions to ihree Missionaries ami two Widows - - 255G The payment of Archdeacons of the Church of England in this Province by vote of the Imperial Parliament a>-i*.n] in * Ser> Extracts from miscellaneous estimates of the IloiiiCc oi Commons of E igland appended ho.eto. U4 Glebes. 1856. In 1927 they were saddled on the Colonial Revenue; ant? from the 1st of January, 1827, to the let of January, 1835, the jrross sum paid them out of the sale of the Crown Reserves to the Canada Company is 6000/. as follows :— Archdeacon Stuart, 8 years at 333/. 13s 4d - - - - £2609 Do. do. 8 years Minister of Church of Eng- land at flil. 883 Archdeacon Strachan, 8 years, at 333/ 13s 4d. - - - 2669 And to cash paid for the two patents obtained in Eng- land, raising them to that dignity 147 It appears that 200/ a year are allowed the Bishop of Quebec for house rent in Toronto, out of the funds of Upper Canada, by authority of a despatch or letter of Sir G. Murray. [Ths Bishop has also an income of 3000/ sterling a year from the Bri- tish nation In 1832, September 13(h, Archdeacon Strachan was allowed out of the funds of the colony, by Sir G. Murray's order, 1000! •terling, to aid in building the Episcopal Church in Toronto r on condition that accommodation be permanently provided for His Majesty's Troops therein." It appears from the papers on Clergy Reserves that Adam Gor- don of the Colonial Office, paid in Eng-land for a Patent to con- stitute two Arefojleace-us is York ami Kingston, U. €., which *ras repaid him from tne reserves — 147/. Out of Clergy Reserve rents, it appears that the Archdeacon of Quebec, Dr. George Mountain, was paid in 1826, for his expen- ses on a journey to England on matters connected with the Cier- gy of Upper Canada, the sum ef 222/. Among the payments from Clergy Reserve rents, stated to- this House, we find, towards building Parsonage Houses, at Bath 150/— at Aocaster 300/— at Hamilton 300/— at Brockville 300/— at Adelaide 50/— in the Mohawk Tract 100/ — at Adelaide (2 1933 and 1834, by orders in Council: — One lot in Gore of Lochiel, one in Elmsley, one in London, one in Eael Camden, one in Hope, and one in the town of Woodstor k. The Surveyor General reports thaf: these were the only reservations in L'{*»'*r Canada for Glebes in these two years. By a return to the House of Assembly of FanVs ?rt apar: ?s Glebes in this Province, from \7S7 to 189-1, we find that of these lands so set apart 22,345 acres were lot the Churrh of England Clergy, 1,160 acres for the Kirk of Scotland Ministers, 400 acres for tue Roman Catholies, an*; ujuu foi aay other dei vium&Uoa ot Christians. Church of England. 16. GC I w o © o ifl >ft e o — i >-. to ~ iO a ~ S-5 s 3 cr o = -- ^ c - irj n — r: r; — r-; o c; c: -- o c; 5 » g 2 « §£ ~-i *? | a BS3=S«fl1rS • s . . * • "S£ ' . -^ on • " « • -T: 3 ~ _— ~ C U v- .- > 3 • « =? c-. e to o» a 30 r: -f IONNION t- OS 5 O O O CO O O 3> Sccfcetcoo - — r<. o — > to 00 gt>. i-i ^T tO V3 UJ i/J -3,2 ofl r £-5 > r c o . . v 5= • S3 B2 166 Church of EkglazcD •2orpn»» ©u^o©«Oo©^ooc: §g •CO = ^2 : : :2 •j»d jo jaqran^i B coooocooooo iO o = = O O CS M n a oinc90icou)coo O O ul 03 CO ^l C 1j . • » , * • • . ^5 • i • it*!* c -> . . o . , * ! u i ! Bs e-J ' . : -a ' ' * 5s • • : : ' .= a ' ' s * 33 © < « • . M | . . , , • i • (fl 55 6>C a o I* a o u a D a o *« cf 32 3 s s — c a . .8 • .=? § *' - 2 > ' ' .r • . „- 3 2 • .= a « -a 3 £ 32 5 —a « ►> 5 • • a, _ - « . . . £ V 3 3 « »-a 2F.5.- C32= u -ra "2 * O 6 3« s e S 3_OJ >- .a c as a. OSUQt-iS^O^OSZ p<3 • © . . si § • • • .s o < ; • * 35 • * * f. 72 ' . c * • . • H * i • 5 • : : \ *3 • . » . 1 a ■ IS a H K O ■ » S s J. Thomson 170 James Caghlan, A. N. Belhune, -£ • : S <3\- 1 2 . 2 » J ■£ fa ' C W. a > « 3 ^ « =V ; « 3 • as —a > 3* *r • — u ** f < — o »rs a *- c . . • tej „ O w > 2 ><"£ J a : o Z 3 O J. Anderson, . J. Clark Mark Burnham, Richard Flood, bfi £ 43 --- Romaine Rolph William Johnso T. Morlev, . . . J. Radclitre, . R. B, Cartwrip James McGratb 'UOIS ^ Q s>j .2 • o o • - *° ^ • >|a£30 ©H • • • -sijvf qoca jo AC ©C ; iO i • • S o S— o • • "So - ^r ^ O t^ • • • »>»* • • • « 9 uoiiBindoj ioi?5 c*5^ ~^ g • '^3 Oi • C : • • a c 73 " o * r ^ : & • 5 -a : J3 '. > ' '. s a is 5 at ° : £ :c c'S 3 * a _ c c a o c c Markham, . . Vaughan, . . Hamilton and Ancaater and |1 i % c * £ c o rt g 1 k 3 li — ■ % Amberstburg Sandwich, . Chatham, . . Warwick, . . Kingston, . . o I o Wesleyan Methodists. 167 Of these ministers wo find, by reference to pagre 20 of No. 5, Sessions papers (1835,) that 20 receive 111/. 6s. Sd. each; 8 get 55/. 3s. 4tf. each ; 1 gets 152/. ; 3 get 27/. lis. Sd. each ; 2 receive 82/. 15s. each ; 2 receive 72/. each. In all, 3880/. lis. Id. currency, per annum. The annexed Returns from the Receiver General's Office, since received, give somewhat different results. It is to be regretted that in very few cases have the Vou- chers for the expenditure of money for building churches, &c, been laid before the country. By reference to the printed papers sent down with Mr. Spring Rice's despatch of 5th Aur/. 1834, it appears that after the 1st of April, in that year, it was proposed by the Colo- nial Department that the Society for the Propogation of the Gospel in foreign parts, or in other words the English Nation, should pay annually to the Church of England Missionaries in Lower Canada, 3794/., by a direct vote of the British Par- liament 611/., and by the people of the Colony nothing ; that no monies should be paid to the Church of England Clergy from England, but that 7229/. should betaken and paid them from Revenues raised from the ' people of Upper Canada themselves ; that 4444/. should be paid to the Church Mis- sionaries in Nova Scotia, by a vote of the Imperial Parliament, No. 53, WESLEY AN METHODISTS. In 1823, says the official Blue Book, page 102, they received of Government money, out of revenues raised here, £ 1,500 In 1834 (we quote the same authority, page 102) out of Revenues raised in Upper Canada they received of Government, as follows : 11 Wesleyan Methodists for building places of wor- ship,". . . / 389 In the Casual and Territorial Revenue accounts sent down to the Assembly, it is shewn that they received a further sum, to build Churches and Cheiels of, 611 £2,8<:o This latter sum of £611, is altogether omitted in the return made up by Mr. Cameron and seril to England. Mr. Mark- land's letter explains the omission, 168 Presbyterian Cleuu y No. 54. PRESBYTERIAN CLERGY. In 1827, John Mackar, John McKenzie, John McLawrin, George Sliced, Hugh Urqnhart, and Archibald Connell appear to have commenced their labours as Kirk Ministers pensioned by the Crown, out of the Revenue of Upper Canada, (Fund D.) at £100 a year each. Alexander Gale was added to their number in 1829 ; Messrs. McGiH and Ross in 1830. Subse- quently they have become still more numerous, and now re- ceive a certain fixed sum per annum. In 1833, they received from Government (see Blue Book p. 1 02,) £ 3,058 In 1834, they received from ditto (See do. do. p. 102) 1,670 In 1834, "the Ministers of the Presbj'terian Synod of Upper Canada," not in connexion with the Kirk, received, (as is shewn in the Blue Book p. 102,) 813 In the accounts sent down to the Assembly, the Ministers of the Kirk appear to have received in 1833, from Fund D., £1295, and from Fund K, Mr. John Maehar, 100?.; and in 1834 from Fund D, 2,109?. The Presbyterian Clergy salaried by Government and who receive 64?. each of " Government allowance" are stated in page 168 of the Blue Book for 1834, to be : 1. Alexander Ross,. . 2. R. McGill 3. George Cheyne,.. 4. James Smith,.. . . , 5. Win. Stewart, 6. P. McNaughton,., 7. M. Y. Stark, 8. Alex. Gale, 9. J. McKenzie,... 10. A rch'd. Connell,., 11. H. Urquhart, 12. A. McNaughton,., 13. John Maehar,.. . 14. James Ketchan,., 15. J. M. Roger, . . . 16. J. Crookshank,. . 17. T. C. Wilson,.., 18. W. McAllister,.. 19. John Smith, 20. George Romanes,. 21. Ilenn Gordon,. .. AldboroV Niagara, Amherstburgh, Guelph,... .. . Gait, ........ Vaughan, Dundas, ...... Hamilton, Williamstown, Mar tin town, . . Cornwall, Lancaster, . . . Kingston, Belleville, Peterborough, By town, Perth, Lanark, Beck with .... Elmsley, Newmarket, . . 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 Rom a n Catholic Clergy. 1 6 9 22. Peter Ferguson, Esquesing* 61 23. J. Fairhairn, Ramsey 61 24. W. Rintoul Toronto City. travelling Missionary through- out the Province. Since the above list was compiled, the Receiver General's return has been received, to which we refer the House for in- formation- stiil more in detail. JNo. 55. ROMAN CATHOLIC CLERGY. Besides the pension to their Bishop, £830 a year, was for- merly divided among the Priesthood, this has been since in- creased to £1,111 per annum. In 1833, (we quote the Blue Book p. 102) they re- ceived from the Government in Upper Canada, £2,712 And in 1834, (we quote the same authority) salary of the Roman Catholic Bishop, 5 55 Roman Catholic Pries's, and for the erection of Chapels, 1,643 In 1833 6c 34, paid to Catholic Clergy from Provin- cial Revenue, ". 4,910 The return for the Casual Revenue shew that of the above sum of £1,643, £1,111 were for the officiating clergy, and 51;!/. for building Roman Catholic Churches, 194/. were also paid the Bishop for arrears of additional pension. The Blue Book, (year 153— (for the information of His Majesty's Government,) contains an account of the Roman Catholic Clergy," shewing 34 Missions, with the following Ministers or Missionaries : — James Moore, Right. Rev. Bishop Gaulin, John McDonald, Wm. Fraser, James Bennett, James Campion, John McDonell, Timothy O'Meara, Right Rev. Bishop McDonell, John Cannon, John McDonogh, Michael Brennan, John Butler, W. P. McDonell, Patrick "McDonogh, Murth Lalor, John Keegan, Edward Gordon, John Cassidy, Daniel Downey, Angus McDonell, George Hay, John Losfrie, and Morin. The number of persons generally at- tending is stated to be 1-5,735. .No. 56. EXPENDITURE ON EMIGRATION. On our examination of the- Honorable Peter Robinson's 170 Emigration. accounts of the expenditure of £31,72S 18s lid stated to have been laid out in aid of immigration, which accounts wero referred to this committee, was expended, as it is said, by the following persons: YEAR 1331, F. T. Billing?, Toronto, Treasurer, II. D. .£2327 16 6 J. G. Bethune, Cobourg 527 8 8 Alexander McDonell, M. P. P. Peterboro'. 732 6 6 Charles Rubidge, Peterboro' 2133 4 9 J YEAR 1831—1832. Wellesley Richey , £1743 7 7% Wm, Chisholm, (late M. P. P. for Halton). 1341 18 10| Roswell Mount (deceased M- P. P. for Mid- dlesex).. 7178 5 1 Alexander McDonelf, M. P. P. Peterboro' 962 5 6 Cheeseman Moo, Peterboro 139 19 11 J John Patton, Prescott 2298 9 4 A. B. Hawke 183 4 6 Lawrence Hearn. . .- 341 5 5 James Fitzgibbon (Clerk of Assembly). . . 442 16 2 John McNaughton ." 175 John Gamble, Eiohicoke,... , 1331 17 10J James F.Smih, Grocer, Toronto, 286 James Durand 125 Mrs. Swan 119 13 8 George Keefer, Thorold 61 7 6 Robert Marchant, & Co. Toronto 53 10 Doctor King, Toronto 72 8 6$ Charles Rubidge 187 18 own these statements. In Charles Rubidge's account for 1831, S5Z. are charged for Joseph Talbot's office service, and Scan- lati and H-itchin'jon received 40/. and 117/. 1*> for medical IT EMlGRiTIOSr aid; Rubidge gets 87?. 1Q for agency, and nearly 291. for his contingencies; and Charles Ruhidge, jun. has 21/. 15 for issuing provisions. Wellesley Richey's detailed statement of the expenditure of 2081/. in Oro, Orilla, and Medonte, 1832, is like that of Mr. Robinson himself, a specimen of the imperfect mode of accounting for public monies which prevails in Upper Cana- da. All monies paid to public accountants should be paid into the Treasury, so that the gross receipts and expendituie might be seen, instead of which, Mr. Richey retains and de- ducts the monies paid him by the Simcoe emigrants for pro- visions and implements £328 12 8J, in the same manner as Mr. R. had retained and deducted the proceeds of the oxen, &c. He charges 333/. 10 for his agency over and above all allowances. Roswell Mount's account is for 75587., but he deducts near- ly 334/. for provisions sold to emigrants in Oarradoc, Ade- laide and Warwick, and nearly 39/. more paid him for labor done at the expense of the Government. The difference is £380 1 iOJ. His charges are as follow : To amount paid for transport of emigrants' baggage, 517/. ; to paid for labor on the roads in Adelaide, Warwick, and Car- radoc, 2,915/. ; to paid for supplies, 2,680/. ; to paid for the erection of houses in Adelaide and Warwick, 9 18/. ; for hos- pital expenses in Adelaide and Warwick, 218/. ; to himself as agent, 330/., omitting fractions. The Committee have called on Mr. Robinson to transmit the detailed statement of this account with the vouchers, for examination. In the account of the expenditure of Mr. Alexander Mc- Donell, M. P. P., Peterborough, (amounting to 715/. 19 5) 289/. are charged for his own services as an agent, besides his travelling expenses, and 182/. 10 for a salary to Joseph Tal- bot as a clerk. Lieutenant Colonel Fitzgibbon claims 51/. 4 6 for his ser- vices as an emigrant agent, and for the forage of his horse. No. 57. The Committee had not time and opportunity to examine in detail, the nature of the charges made by the several account- ants, whose expenditures compose the sum of jL31,728 18s. lid., but they sent to the office of the Inspector General for the vouchers and detailed statements which supported the ac- count of Roswell Mount, late Member for Middlesex, and Emigration. 17S who acted, as it appears, as an Emigrant Agent. His charge* is £.7358 6s. Hid. MONDAY, March 23d, 1835. The Committee met, and the Chairman was directed to. address a Letter to the Inspector General as follows : — Committee on Grievances, > House of Assembly, March 23rd, 1835. f Sir, With reference to the abstract, sent down by His Excellency of an account current between the Government of Upper Canada, and the late Mr. Mount, M. P.P. for Middle- sex, in his capacity of Emigrant Agent for jL.7,558 6s. Hid, I am directed by this Committee, to whom the said account is referred, to request that you would cause the original state-' ments in detail, and the vouchers to be laid before ir, in ordr-r that they may be examined, after which they will be carefu'Uj returned into your charge. I am, Sir, Your Most Obedient Humble Servant, W.L.MACKENZIE, Chairman, To The Hon. G. H. Markland, Inspector General of Public Accounts. Of the Accounts, No. 10 is a statement of monies, paiot" for provisions, M H " 314 cwt. 1 qr. 7 lbs. do. at 19s. 2d 304 ft 4 44 " " & bbls. Pork, at 80s 36 5 bbls. Silt at 30s 7 10 t( M » 17,294 lbs. Beef, at 22s. 6d. per 100 lbs 104 11 2 " ■* " 79 bbls. Beef, at 60s...... 287 0> The Hon. Thos. Talbot's Account. 0«t. 13th, 1832.— ia,416 lbs.- Beef. .-..-*... £150 18 8 Charles Tozer's Account. Jan. 14th, 1633.— 28 bbls. Flour, at 30s £43 O k "" li " 10 " Beef, at 50s..... .- 25 & Thomas Keith's Account. Feb. 14tfi, 1888.— 25 bbls. of Beef, at 45s... £56 5 & £517 10s. are charged for teaming provisions to the Emi- grants to Adelaide j Carradoc and Warwick for teaming bag- gage to these Townships ; for teaming Provisions from Bear €reek, &c. In cases where baggage has been teamed, no mention is made whose baggage was so teamed, but Bela Brewster Brigham certifies occasionally that the work was done and that too correctly, at a fair price. No. 6 is an account for labour done by persons under the superintendence of Mr. Mount, at various wages, such as 2s. 4d. and 3"s. 9d. per day. The amount being £1,437 15s. 6d, The Vouchers to No. 6; are pay lists of about 386 labor- ers.- These pay lists are not weekly or monthly receipts, but include in one receipt or pay list each person's labour within the months of August, September and October, 1832. It would appear that the labourers were paid for seven days in each week, for it requires in most cases that the Sundays be included to make up the days charged, from the beginning to* the end of the periods charged. In some cases the errors in computation of time have been corrected by the Venerable the Archdeacon of York, who presided in the audit of Mr. Mount's accounts, by the Execu- tive Council. For instance, in one of the lists, fifteen pence is deducted for an overcharge in the time of Daniel MeCaw, while no notice is taken of the following charge in the same list, viz : — 41 William Robins, from 19th September to 20th October — 39 days at 2s. 4d....£.4 lis." An Audit' which allows 39 days between the 10th Septem- ber and the 20th of October is not much to be depended ou^ Public Revenue. 175 In the Executive Council's audit 21. 5 each is deducted from the teaming account of Jesse Cornwall and Win. Vail, because the vouchers had not been signed, and 2s. 4d. is with- held from a laborer, being one day's work, for the same rea- son. On the other hand S3/. 17 is allowed Thomas Gibbons m 4he account of supplies ; the 10th No. in that account, and in- stead of a voucher for that sum, a duplicate receipt of Ro- bertson and Brothers is endorsed on the back No. 10, and placed in its stead among the vouchers. As to the laborers 5 signatures, they are generally attested by Bela Brewster Brigham, who also acts in the capacity of an endorser on a variety of accounts, that services were perform- ed and that the charges are just. To distinguish between Shose who can and these who caiinot write, the latter are made to put crosses as their metfks. The signatures of those whom the witnesses proffer to have seen sign their names are hi many cases imaginary, for in some pay lists three, four or five of them are evidently written by the same hand, ay lists are not attested by any witnesses at all. £218 8 3^ are claimed for Hospital expenses, of which Dr. R. N. Starr's bill is for ** medicines and attendance fur- nished to 750 emigrants in camp and hospital," at 21. per day^ 961, Dr. Hawkins' bill amounts to 921. nearly, and he names the various patients for whom he demands payment. Th« sickness must have been very great indeed. Another account is for disbursements by Mr. Mount, as emi- grant superintendent, amounting to 329/. 14 0. £207 1 6 are for his wages at 15s, per day, and Is. 6d. per day additional " for a ration ; " 83/. 2 6 are for a daily allowance of 7s. 6d. to Colonel Bela Brewster Brigham a* assistant superintendent under Colonel Mount ; 39/. 10 are to James Inches as clerk at 5s. a day. These accounts were audited in Council on the 12th of September 1833, and is attested by " John Strachan, Piesid- 170 IY'dlic Revenue. No. .08. ON THE MANAGEMENT OF THE PUBLIC REVENUE. The following Extracts from the Report of the Commis- sioners on Revenue in Great Britain, recommends the observ- ance of principles of the utmost importance lo the public -welfare, for promoting economy and retrenchment, and par- ticularly for ensuring strict accountability in every department «of the public service. Report on the Public Revenue of Great Britain, by Sir Henry Paimell, 31. P., Lord John Russell, M. P., 3b James R. G. Graham, 31. P., Sir James Kempt, and the Right Honorable Edward Ellice, 31. P., E. Pouleti Thompson, M. P., and 3Ir. F. T. Baring. 31. P., dated War Office, October Sth, 1831. EXTRACTS i ' •* • * # * * * * # To accomplish with perfect security and efficiency these objects of safe custody, legal appropriation, and record, it is obviously ne- cessary that all public monies whatever, should in the fust instance be paid into the exchequer. But it appears from the accounts iaid before Parliament, that the whole amount of the public income is not so paid, but that amounts derived from divers sources of reve- nue are received and disbursed without the intervention of this in- stitution, or being in any way submitted to its control. It is also certain that considerable sums arising from taxes and other matt* is are deducted from the gross receipts, and retained and expended by several departments, which only account to the exchequer for The nett amount, after such deductions. We tbjuk this practice should be discontinued ; and we recommend that the gross receipts of public money, whether arising from taxes ui each part of the United Kingdom,* from the income oi sale of Crown property under the administration of the \Voods and Forests ; from the ?-ale of Old Naval Ordnance or oilier Stores; from unclaimed divi- dends'; unclaimed prize money; deduction from pensions, loans or. Exchequer Bills', or from any other sources, should b • placed wit' - out deduction in the custody of the Exchequer, nnd be accounted for to Parliament, whose authority should be necessary for the ap- propriation of the- whole. We feel this principle to be one of paramount importance for the ' The duties of the Karons of t lie Exchequer iii Scotland its far as re- lates to the management oF tfie property of- 1 he Cfo«vn and <\>n puHtic; in Scot nni, us a Board of Treasury ar- described in the Aj pendix (Y] (•. 173. The duties oJ rhe \ ;cc Ire&oiirer "of Ireland are ov-cniu-j in tjU Appendix (Z p 181. Public Revenue. 11 J security of t lie public money in the two great brandies of receipt and expenditure, we think that no portion of the public treasure, should be arrested under any plea or pretence whatever, on its way to the Exchequer, and that no portion of it should be issued from the Exchequer without previous Parliamentary sanction. You? Lordships will perceive that a really efficient and complete control can be introduced into the different departments of the public ser- vice only by the adoption and establishment of the principle we re- commend — a principle, which we believe to be the necessary pre- liminary to all satisfactory financial reform ; by which means, not only will the whole of the public treasures be made available for the public service, but the expense for collection will appear as ?. part of the public expenditure, and be consequently placed imme- diately under Legislative and official control. We may refer to the satisfactory effects which have been pro- duced by the introduction of such a regulation into the administra- tion of the public finances of France in justification and support of our opinion on this essential point. If difficulties should occur, or objections be started from peculiar circumstances to the immediate application of this rule in all cases, it appears essential to recog- nise the important principle on which it is founded, and to urge up- on your Lordships the policy of admitting the smallest possible num- ber of exceptions to its application and of allowing those excep- tions to continue for the shortest possible period. We feel confident that a short experience of this improvement will soon remove the impediments which may at first be opposed to its adoption.* * $ # * * "# * We recommend as an additional means of disembarassing the Exchequer of useless and complicated duties, the immediate abo- lition of fees. Not only the Exchequer, but every department of the public service would be greatly benefitted by their total sup pression. * * % * * We now proceed in the further discharge of our duty to the consideration of what books will be necessary to introduce in order to establish an intelligible, plain and correct system of record and * A regulation of this character was introduced into France, by an ord- nance of the 14th September, 1832, and appears to have been eminently beneficial in its operation. It provides, that under no circumstances can any branch of administration receive or dispose of any other funds that? those which have been voted for its service by Legislative authority— that in case of any sale of public property, the proceeds of such sale shall Uh paid into the Treasury, and shall not be at the disposal ©f the Deportment to which the property belonged. In order to accomplish this object, it decrees that the presence and sanction of an officer of the Treasury ebali be necessary for effecting any such sale, and it prescribes (be form under which the sale must be conducted. It declares, as a geir- eral principle, that all money received from the public shall go to the J reasury and be accounted for as a portion of the public revenue. The. circulars of the did' rent administrations also direct, that the amount of no sale ot stores or other public properly, in a word no payment of anv ..'escription shall be received by any Department, to be disposed of by that or any other department, unless it form part of the credit granted by the Legi-lature. Bee Mr. Bowring's fijFst Report, pp. 8, 9. 178 Public Reteixs. account at the Exchequer. We recommend that these book» should be under the manogeinent of two departments, one of re < ord and the other of accounts. In the department of record, all t e royal orders for directing credits to be given for the service of the several public departments, should be entered in an abstract form, and -in the same way all the monthly and other Treasury warrants for giving credits at the Bank of England. It should alsq record all Parliamentary Grants and Acts of Parliament connected with the expenditure of the public money. The business of recoid fiiouM have connected with it the duty of examining the legality of every order which is sent to the Exchequer, and of comparing all the special warrants of the Treasury, with the authority given by the Royal order ; and it should have the power of stopping credits if not legal. The department of accounts would have to register, in a husinee $ I ke form on the double entry plan, all the facts of receipt and cre- dit as they occur. A cash book would be kept in which all the revenue specification papers or other analagous documents of pay. ments made into the Bank of England, for account of the Exche- quer, should be chronologically and daily entered, such specification papers or other documents, having been duly compared with the daily statement of receipts sent by the Batik to the Exchequer. This department will also be required to enter in regular order fin abstract of cash warrants sent by the Treasury to the Exche- quer, shewing the date, service and amount and the particulars of the credits given in conformity thereto. Accounts of the same kind as those which are now sent weekly, quarterly and annually by the Exchequer to the Treasury should be msde up and sent there, with such improvements as the proposr ed alterations in the Exchequer system may suggest. * * * * ' * With the view of accomplishing a complete settlement of the annual accounts and of preventing all obscurity or mistake, arising from the mixing of the amount of credits for the service of one year, with the amount of credits for the serviee of another year, we propose that the Exchequer shall cease to give credits on the 1st of October of each year for money voted in the year ending with the preceding 31st of December, and that all credits not made use of by a day to be fixed, shall be cancelled ; and that the funds not cpplied, shall revert again to the disposal of Parliament. As we have not the slightest hesitation in advising the employ- ment of the commercial system of Book-keeping in its purest and roost simple form, in all the public departments, and as we consider its appl. cation as forming the necessary ground work of any really important improvement, we shall refer, somewhat in detail, to the reasons which have induced us to reeommend it so decidedly and urgently to the approbation of your Lordships. The i eculiar excellency of what is denominated the Mercantile System of Book-keeping by double entry, consists in the facility v.Uh .vhich it embraces accounts, however complex, various and exteiibive ; giving t« all their differences of detail a unity of result and concent ra'ing them at last in the most condensed sh-mo, while it enables th© examiner to tiace them without difficulty to their re- PlJBf.k; litYHNCE. 179 fciotcst ramifications. In the initiatory or auxiliary books of ac^ count, a correct system will adm't of all the modifications suited to the particular service ; but as soon as the principal or double entry books take possession of tho facts of an account, however intricate and varied, they become subjected to its general and har- monious law. Its machinery is employed to obtain an ultimate balance sheet, which will present in a concise, correct and intelli- gible form all the centralized facts of receipt on the one side, and of expenditure on the other, under their special heads. Of the ef- ficacy of this system the trading world, in its infinite variety of commerce and concerns, gives unanimous evidence. Into every well regulated manufactory, into every extensive mer- cantile establishment, in every part of the civilized world, it has gra* dually but peremptorily forced its way. The Revenues of no Go- Ternment have been safely administered; the accounts of no Govern* ment have been intelligibly kept ; the business of no Government has been promptly and satisfactorily despatched, until the com- mercial system has been introduced, with its order and uniformity, into the different departments. Several of the Governments of Europe have adopted this method after repeated and vain attempts to accomodate by other means the dissimilar usag< s of their various public offices to one general system ; and there is no instance of any Government having abandoned the mercantile practice after having once employed it. On the contrary every Government that has introduced it has borne testimony to its adaptation to national concerns, and its complete efficiency for all fiscal and financial operations and records. It is the system adopted by the East India Company, both at home and in their dependencies abroad, and we need only refer to Mr. Bouring's report on the public accounts of France for irresistible proofs of its value, practicability, comprehen - eiveness, clearness and efficiency. Indeed it appears from his state- ment, that a succession of ministers of France have borne unani- mous and cordial testimony to the excellent workings of the com- mercial system of accounts, in all the departments of government ; that the objections originally suggested agaiust it, by persons who had not attentively considered its bear?ngs< on the grounds of its not being adapted to public official accounts, have all given way before the evidence of its sufficiency and superiority. In the words of Count Chabrol (the late minister of France*) simplicity and rapidity, in the progress of the public accounts, have been ac- companied with clearness and regularity of result,— incomplete- ness and delay have been succeeded by publicity and promptitude', The system of accounts as adopted' in France has afforded per* feet security against default and delapidation ; it has brought wi-'h it savings of expense to-' the amount of several millions sterling per annum ; it has diminished the labors and anxieties of public servants, and has again and again been eulogized after elaborate and de- tailed examination by statesmen of all parties in both Houses of the French Legislature. Opposed to such facts, and to' the admit- ted experience of the whole commercial world, we do not conceive the opinions hostile to this system of accounts have any considera- ble weight. The late Board of Treasury in their minute of the 14th July, 1829, recognire the plan of double entry ; as the principle proper to 180 Pubuc Revenue, be adopted, and ctate tlio propriety of substituting, for the nume- rous account books now in use, a regular Cash-book, Journal, and Ledger, as the foundation of a system of Book-keeping upon a plan of double entry; and again they declared that a thorough knowledge of Book-keeping by double entry is above all indispensable to the success of the new measures. This is indeed the great principle of the best commercial ac- counts, and though in the auxiliary books of merchants, there are many varieties suited to their different concerns, there is no essen- tial difference in the way in which all intelligent merchants keep their double entry journal and ledger. The ledger invariably repre- sents concentrated, and not diffuse account?, it is in a word the amalgamation of similar facts under their different heads ; it is the volume of results and not of particulars ; it is in fact, the tabular centralization pf all the various auxiliary books, and the final in- strument of the balance sheet. The plan of double entry is but the means of collecting in the ledger, the particular facts scattered" thro' the elementary books in which they are recorded. A proper system of accounts will arrange all details in its progress, but while it arranges, it condenses at every step, till it brings all its topics under their principal and primary heads in the pages of the ledger ; and when a reference is made from it to the journal and auxiliary books, it will readily supply all details with the greatest facility and accuracy. We have said thus much in recommendation of this system, from the strong conviction we entertain that its general adoption in the public departments is the great prominant all important improve- ment, without which, every other will be necessarily and essentially imperfect." This system properly understood leaves nothing to the caprice of Ihe accountant; it subjects all the elements of an account to an nndeviating self corrective operation, the result of which is, as we have said, their centralization under their appropriate heads. It provides against all confusion between contingent and positive claims, between payments ordered and payments made, in a word, compels the grouping together of all facts which are of a similar or homogeneous character. * * * * * * * In another report we shall suggest to your Lordships such plans for the payment of the public expenses as appear to us necessary to be adopted, in consequence of the alterations we have brought un- der your consideration, respecting the receipts and issues of the public money. We have the honor to be, my Lord?, Your Lordship's most obedient humble servants, 11. PARNELL, J. RUSSELL, J. R. G. GRAHAM, JAMRS KEMPT, 0. POULET THOMPSON, P. T. BARING, EDWARD ELLICE. War Offoe, October 8lh, 183 1. 'Bankiisu. 101 No. 58.— -A. FOURTH SESSION, ELEVENTH PARLIAMENT. Extracts from an Address by the House of Assembly of Up- per Canada to Ills 3iajesty on the disallowance of tht Bank Acts. " Most Gracious Sovereign, We, Your Majesty's most dutiful and loyal subjects the Commons House of Assembly of Upper Canada in Provincial Parliament Assembled, in full assurance of Your Majesty's ear- nest desire to promote the welfare of Your people, beg leave humbly to address ourselves to Y r our Majesty upon a matter of the deepest interest to Y^our faithful subjects in this Province. * * * * \ forty one poinds lis 8£d, sterling, equal to at 4s . (3d. ) £157 9s. 8d currency, being the amount of expenses incurred in the hire of horses for me and my suite, in visiting the settlements in the Newcastle and Batburst Districts, in the month of February last. Entered,. J. BABY, Inspector Genetai. Casual Revenue. 188 Ami for your so doing, this, with the acquittance of the said George Ilillier or his assigns, shull be your sufficient Wan ant and discharge. Given under my hand at York, this 27th day of March, 1826. P. MAITLANDL By His Excellency's 'onnnand G. HlLLIER. The -Receipts are granted thus: Upper CaxNada. Receiver Generals Office, ( York, the 2/ th day of March, 1826. ^ Received of John Henry Dunn, Esq. Receiver General, the srun of one hundred and forty one pounds fourteen shillings aud 8£d sterling, being the amount of expenses incurred in the hire of horses for the Governor and his suite, in visiting different settle- ments in February last, pursuant to Sir P. Maitland's Warrant No. 133, of this date, having signed five receipts of the earn.© tenor and date. G. HlLLIER, £14114 8^ sterling? " ;acli. I dollars at 4s 6d e; No. 60. Remarks on casual Revenue Accounts. Some of these drafts on the public Treasury refer to no law or general regulation. — The one we have selected shews Sir P. Maitland drawing on Mr. Receiver-General Dunn for such travelling charges as he thought fit, in the same manner as if Mr. Dunn had been his agent or land steward ; His Ex- cellency's Secretary gives a receipt accordingly. There is only this difference — the Lords of the Treasury in England might, if they thought fit, disallow the hill, and cause the officer to refund. The people of Upper Canada who ought to exercise a control have not hitherto interfered. Among other payments from the casual Revenue, we notice the following : — In April 14, 1826, Grant Powell, Esq. received payment for fifty-nine days, stated as having been expended in enquir- ing into abuses in matters of Timber on Crown Lands, at tl.$ gate of Fourteen' Dollars for each day. ("Fund K.J 184 King's CoLI.E'Gfc. On the 18tb of October in the same year, forty-six days on the same enquiry of C. A. Hagerman, Esq. paid at the rate of Fourteen Dollars per day, (Fund K.) These payments per day are seven-fold higher than those of the Members of the House of Assembly. The account or Fund D. was ordered to be kept separate, by a letter from the Lords of the Treasury, dated Slst of August, 1827 ; it shews the receipts and payments of funds derived from the Canada Company,. Seven years compensation to S. Ridout, (Registrar, II. D.) because he had been deprived of the office of collecting fees and distributing them to the officers of the Land Granting De- partment, allowed in lieu thereof 1,555/. £100 and 800/. paid to the Hon. P. Robinson, to enable him to erect a Mill for Emigrants in the New Castle District. £600 for the completion of the Government Mill at Peterbo- rough, paid to Mr. Alexander McDonell, 1827. £3,000 paid into the Military Chest in Montreal, 9th Jam 1828, for advances made in England for the service of Upper Canada; It does not appear what the services were. The like remark applies to other £1,438 paid into the Military Chest on the 4th of Feb. following. To Mr. Dunn £308, to enable him to remit to England, out of the Colonial Revenue, the pension of the Widow Campbell for 1827, per order of Mr. Secretary Huskisson. To Z. Mudge for repairs of the Government House, audita «d in Council 28th February, 1829— £615, With reference to the public printing, it appears, that not only did the Executive Government paj T Mr. Robert Stanton a very extravagant price for the work he did, but also ordered him to receive 600/. out of the Casual Revenue on the 2d of February, 1826 — to enable him to complete a large printing establishment to compete with Gther printers in Toronto, he re-paying the same by annual instalments in the course of seven years, without interest. He was also paid 120/. on the 1st of November, 1828, out of the public revenue under the pretext that it was to make up a deficiency of compensation for 1827 and 1828. Mr. James McFarlane's name appears in the accounts as being in the receipt of 50/. a-year as a retain- er, under the pretext that it was paid him annually for pub- lishing proclamations, &c. ; this doceur has either been sines transferred to some fund unknown to this Committee or dii- continued of late years. U. C. Colf.-cl. 18(5 No. 61. Ming's College. Under the guidance of the Church of EngiamJ. President — Archdeacon Strachan. <5rant irom the proceeds of sales of the public lands to the Canada Company, for lfl*8, '29, '30, '31, '32, '33 and »34 seven years, at" £1,111 a year, £7,777. This institution is endowed with 225,000 acres of valuable public lands. The Committee reported an address enquiring into the expenditure of King's College, that establishment net being as yet in operation, no information has been given by tho Lieutenant Governor, your Committee have therefore referred to the returns in the Journal of 1831-2, p. 1$1 of the Ap- pendix, where it is shewn that there is a Registrar with 150Z., a Bursar with 150?, a Clerk with 10()Z. V & a messenger with 86/. ; who these officers are is not there stated, nor are their several duties well ascertained. There appears to have been ample time afforded for sending to the House the accounts of the reoeipts and expenditure, had the Government been disposed $o do so during; the present Session. No. 62. Upper Caisada College. JL H. Harris, Principal, - £(566 C. Matthews, Classical Master, - - 838 C. Dade, B. A., Mathematics, - - 833 G. A. Barber and John Kent, Writing, &c. 333 J. P. De la Haye, French Master, - 222 J. G. Howard, Drawing Master, - - 222 The tv fixed annual charges for salaries and allowances" in this College, exclusive of contingencies, all which charges are paid from public revenues raised from the people of Up- per Canada, are the above, as also a Vice Principal at 444/. ; a Second Classical Master at 333/. ; a Porter at 44/. ; 27/. 10 of an allowance each, for the three Junior Masters, in lieu of dwelling houses, which houses the seniors have in addition to their salaries. These facts we ascertain from page 183, of the Appendix to the Journal for the 2d Session of the last Parliament. The information required of the receipts and expenditure of this Institution has not been transmitted 1o the House agree- able to its address. 1"0 King's College. No. G2. [A.] Tuesday, March 3J, 183.5. Address to His Excellency the Lieutenant Governor, for information in relation to King'a College. To His Excelleney Sir John Colborve, K.C.B., Lieutenant Governor of the Province of Upper Canada, Major General commanding His Majesty's Forces therein, fyc. fyc. t$v. Mat it please Your Excellency : We, His Majesty's dutiful and loyal subjects the Commous of Upper Canada in Provincial Parliament assembled, humbly re- quest that Your Excellency would be graciously pleased to di- rect that there be laid before this House, statements entering into a detail of particulars, and shewing — 1st. The whole expense which has attended the building of Upper Canada College, with the houses, outhouses and gardens thereto belonging, and all the improvements and alterations made in the said premises from the commencement up to this time ; with the authority under which such buildings were erected, and such alterations and improvements made ; and from what funds the payments have been severally taken. 2d. The expenditure which has been made on the grounds purchased for King's College, from the time the grounds were purchased, with all the salaries, incomes, allowances, fees, per- quisites and emoluments of every description, paid or ordered to be paid to any persons as officers, servants or workmen, or in any other way connected with the institution up to this date, shewing what each person has received, and describing the services he has rendered therefor, and the sums alleged to be due to any per- sons as officers of the said institution. 3d. A copy of any communication from His Majesty's Govern- ment, by authority of which £712 16 2 were paid Archdeacon Strachan out of the College funds, as expenses of a journey to England performed by him. 4th. The receipts, arising from whatever source, of the Upper Canada College since the 30th June, 1831; the debts due the College ; the income arising from fees of tuition ; and the rates of tuition ; also the expenditure of the College since the said 30th June 1331, detailing the fixed salaries and the contin \eu- cies, and mentioning to whom they were severally paid, af,d at what times and for what services, and stating all debts or obliga- tions against the institution, and the whole income, wages, emo- luments and allowances paid to its officers and servants generally. 5th. Full and detailed statements of particulars of the receipts and payments, of which a general abstract only is given in the documents respecting King's College. Upper Canada College, District FuH&s. J 37 and the General Board of Education, which accompanied Your Excellency's message to this House of the 12th January 1832, aod pointing out what the services ore for which certain officers not named had received £200 up to that period, and claimed £400 more as arrearages from funds of King's College. 6th. A statement going into particulars and shewing what mo- nies have been paid into the treasury of King's College sinca the 30th June 1831, and mentioning the reasons, if any, why the funds of King's and Upper Canada College might not be paid to and by thejteceiver General, and the burthen of a plurality of officers and offices removed. 7th. A statement of the number of scholars taught at Upper Canada College from its commencement till the present time, and mentioning the number on the 5th of January, April, July and October of each year; with the number of scholars sent frem the country and the number taught belonging to this city. 8th. An account of the course of education in Upper Canada College, the extent of the vacations, the books used by the dif- ferent classes, with an account of their progress respectively, and the names and number of all children taught without being liable to the payment of fees ; as also whether the scholars or any part of them are required to conform to. or be instructed in the peculiar creeds or religious exercises of any Christian deno- mination. His Excellency's Answer : Gentlejviex: I will direct the information required in this addre3s to be procured for the House of Assembly. [No information was receiveu by the House relative to the fundi of the College and University.] No. 63. "District Fasmls* It appears from the Returns to England in the Blue Book, that the amount of District Assessments, (direct taxation) in 1833 was £1S,441 ; and in J 8-34 £18,671 ; on these sums 4 per cent, or about JG740 a year is paid to twelve District Treasurers, appointed during the pleasure of the Magistrates, who are appointed during the pleasure of the Lieutenant Governor. There are also large additional sums received from Wild Lands A^«ssments in cases where the Lands have been sold. All these monies are expended uncler the control of the Dis- tiict Magistrates, to Coroners, Jailors, Surveyors of Roads, Con- stables, Treasurers, Deputy Sheriffs and fhe'ir principals, Clerks of the Peace, for Pecs, Contingencies, Printing, Bridges, Roads, Wolf Scalps, Medical Men, Members of Assembly, their wages, &c. In most cases the patronage is entirety under the control of the Justices. 183 HosH-TAL. The first item in the Blue Book for 1823. is a table of fee* authorised by orders of the Lieutenant Governor. They consist of fifteen pence for each search in the office of the Secretary and Registrar by individuals for private informa- tion, which that officer states he never demands ; fifteen pence to the Surveyor General from "persons not privileged " for eve- ry search, and 2s. 6d. upon each location ticket issued to them : also 5s. 6d. upon each petition for land "by persons not privi- leged." Follows, a- table of fees to the law officers of tho Crown, of which a guinea for the draft of any instrement under the Privy Seal, and the like sum for any opinion in writing given on any reference to them from Government. These charges do not •vppear to be authorised by any law of the Colony. They continued without alteration in 1834. It appears from the above authority that these are the only fees chargeable by any Government office, other than those authoris- ed by any Provincial Statute. No. 64. Toronto Hospital. In reply to an Address to His Excellency, reported to thtf House by this Committee, a very imperfect account of the funds and property of this institution has been obtained. The state- ments made seem to indicate the necessity of a change in the system under which that institution has hitherto been managed. Unless its managers shall be made elective by proper bodies of the inhabitants of the city and county, there is reason to fear that it will not prove of that utility to the public, which its means other- wise indicate. The Report and documents appended are in the possession of the House and may be referred to. Extracts from the Official Correspondence of W. L. Mac- kenzie, Esquire, Member of the House of Assembly, fur the County of York, late Agent in London for Twenty- four thousand five hundred inhabitants of Upper Canada, Petitioners to His Majesty for a Redress of Grievances ; with other Documents. No. 65. MINUTE OF COMMITTEE. York. Upper ('■!■- '■'. March 31. "1 nit 1 Liberty met this day. Mr. LBSSL.IE was called to the Cfaai W. L. Mackenzie, Esq. 189 The Committee agreed to the following resolution : — Resolve J, That William Lyon Mackenzie, Esquire, a Member of this Committee, is hereby authorised to act as an Agent in London, on behall ofthe Petitioners to tlie House of Commons whose petitions were entrusted to George Ryerson, Esquire, and that he he required to afford such assistance to Mr. Ryerson as wxy he in his power untile he prayer of the said petitions be granted. Attested. (L. S.) JAMES LESSLIE, Chairman. (L. S.) MATTHEW WALTON, Secretary. No. 66. CERTIFICATE. At a Meeting of the York General Committee, appointed by the inhabitants ofthe Town and Township of York, on the 16th day of July last, (and approved by fifty-eight Township and County Meetings afterwards, convened in other parts ofthe Pro- vince of Upper Canada) held this day, William Lyon Mackenzie, Esquire, a Member ofthe House of Assembly, representing the County of York, and a Member of this Committee, was appoint- ed an Agent to proceed to London on behalf of the petitioners to His Majesty, whose Addresses were entrusted to this Commit- tee, and to support the allegations therein contained by his evi- dence, if required. Dated at York in the Province of Upper Canada, March 31st, 1832. (L. S.) WM. CAWTHRA, Chairman of Committee. (L. S.) JNO. E. TIMS, Secretary. No 67. We certify that at a general Meeting of the Inhabitants of the Home and neighboring Districts, held at York on the nineteenth day of January last, William Lyon Mackenzie, Esq. member o the House of Assembly for the County of York, was appointe Agent to carry to London an Address to His Majesty, and a FeV tiou to the House of Commons of Great Britain, that day adop ed, and to support the statements and prayers therein contains, by evidence. [L. S.] JOHN McINTOSH, Chairman of the Meeting. [L. S.] T. D. MORRISON, Secretary Dated at York, in the Province of Upper Canada, March 31 " 1832. E2 190 Mr. O'Connet.l. No. 68. This Indenture made on the fourth day of February, in the year of our Lord one thousand eight hundred and thirty two, and in the second year of the reign of our Soverign Lord William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith : — Between Charles Thompson of the township of York, in the County of York, Yeoman; James Hogg, of the same place, Miller; Charles Mcintosh, of the same place, Mariner; John Montgomery of the same place, Inkeeper; and Matthew Walton of the town of York, in the township and county aforesaid, Wheclright, Freeholders of the County of York, of the one part, and John G. Spragge, Esquire, Returning Officer of the said County of York of the other part: — Witnesseth, that in pursuance of His Majesty's Writ, bearing date the tenth day of January, in the year of our Lord, one thousand eight hundred and thirty two, at York, in the Province aforesaid, after Proclamation thereof made, on the thirtieth day of January, in the year aforesaid, according to the tenor of the said Writ. We, the said Charles Thompson, James Hogg, Charles Mcintosh, John Montgomery, and Matthew Wal- ton, Freeholders of the said County of York, have chosen Wil- liam Lyon Mackenzie, Esquire, to be Member or Representative in the Assembly, to be holden on the seventh day of March now next ensuing, at York, in the Province aforesaid, and by. these presents have given, and do give, unto the said William Lyon Mackenzie, Esquire, full and sufficient power for us and the commonalty of the said County, ta> do and consent to those things, which then and there, by the favor of God, shall happen to be ordained by the Common Council of our said Province. In Witness whereof, the parties to these presents, have in- terchangeably set their hands and seals the day and year first above written. CHARLES THOMPSON, [L. S.] JAMES HOGG, [L. S.] CHARLES McINTOSH, [L. S.] JOHN MONTGOMERY, [L. S.] MATTHEW WALTON, [L. S.] JOHN G. SPRAGGE, [L. S.] Signed, Sealed and delived in presence of JAMES DOYLE, J. H. PRICE. No. 68.— A. To W- L. Mackenzie, Esquire, SIR: My Father being prevented by pressure of business from answering yours' of the 14th inst. has directed me to inform yoH that he will feel very happy to see you at any time it may suit Lord Goderich. 191 you to call upon him, as he takes the greatest interest in every thing relating to Upper Canada, and would do all in his power to be useful in the furtherance of its interests. I remain Sir, Your obedient Humble Servant, MORGAN O'CONNELL! 4, Parliament Street, Wednesday, 20th June. No. 69. A reply to Mr. Mackenzie's application for an interview with Lard Goderich. SIR: Downing Street, ) 23d June, 1832. $ I am directed by Viscount Goderich to acknowledge the receipt ef your letter of the 13th instant, and to inform you, that his Lordship will be ready to receive yourself and the other gentlemen for whom you request an audience on Wednesday the 27rh instant, at half past twelve o'clock.* His Lordship at the same time directs me to inform you that he is not aware to what letters and petitions you refer, as having been transmitted by you to this office and not acknowledged ; He is unable to find any communications which have not received all due attention. I am further to observe that although Lord Goderich is ready to hear any observations you may have to offer upon the affairs of Upper Canada, as an individual interested in the welfare of that Province, and as a Member of the Assembly, he cannot recognize you as being deputed to act for any other persons, nor can he enter into any discussion with you upon the measures which His Majesty's Government may think it right to pursue* The views and intentions of His Majesty's Government with respect to the affairs of the Province, can only be made known to the people of Upper Canada through the medium of the Governor or of the Legislature; it is to one or other of these authorities that any complaints which individuals may have occa- sion to make should properly be addressed ; and if the course pursued by the Executive Government should be such as to give * They were Messrs. Hume Viger, and George Ryersen. 192 Lord I. Jo wick. jU9t ground for dissatisfaction, Hie Inhabitants have, by their Rn- preeentatives, the means of bringing their grievances under the immediate attention of His Majesty. I have the honor to be Sir, Your most obedient Humble servant, HOWICK. W. L. Macreszik, Esq. J6, Great Smith Street, Westminster. No. 70. Downing Street, 2dlh June, IS-j'2. SIR, I have had the honor of receiving, and laying before Viscount Goderich your letter of the 26th, and I am directed by hi.; Lordship to observe that you do not appear to have quite correctly understood my letter of the 23d. That letter does not as you seemed to have supposed " shut, the door of the Colonial Office, on all that vast muss of facta winch you have offered to submit as deputed in behalf of the unrepresent- ed land owners, and inhabitants of Upper Canada." On the con- trary Lord Goderich has expressly stated his perfect readiness to have any facts or observations which you may think it necessary to bring under his consideration, he only declines, as you have no authority from any recognized body, lo enter into any official dis- cussion with you upon the public affairs of the Colony, or to admit that you are the organ of thote whom you term the unrepresented land owners and inhabitants of Upper Canada. Lord Goderich cannot form his judgment as to the wishes and opinions of the people of Upper Canada from the unauthorised statements of individuals jn opposition to those of the Assembly in which lie is convinced that all classes of the inhubitanls are fairly represented. With reference to the petition of Mr. Morrison to which you re- fer, I am directed to observe that your letter upon that subject was duly attended to, (altho' according to the rules of the office it ought »o have been sent thro' the Governor.) A despatch was written to Sir John Colborne on the 8th September 1831, in which he was directed to allow that, gentleman the land he had formerly been promised. Mr. Balfour has laid before Lord Goderich your letter of yester- day, in consequence of which I am directed to say that his Lordship will be ready to receive you with the gentlemen you mention, on Monday at two o'clock. 1 am Sir, your obedient servant, HOWICK. Tn Wm. L. Ma'Ki:n/(P. Efq &C. &C. &C CORilKSPONDll?* i 193 Colonial (Juki;, July 26th 1832. BIH, Lord Goderich has desired me lo acknowledge the re- ceipt of your papers, and I have ihe honor to inform you thai hii Lordship regrets he cannot appoint an earlier day than Friday the 3d of August, on that day however* at 2 o'clock he will be glad to see you at this oflioe. I have the honor to he Sir, Your most obedient humble servant, CHARLES DOUGLASS. W. L. Mackenzie, Esq. 11) Wake- ) field-Street, Brunswick Square. S Downing Street lath August, 1833. Gentlemen, I have the honor to acknowledge the receipt of your letter of the 8th inst. enclosing' "The humble address of the " inhabitants of the District of Niagara in the Province of Upper " Canada, framed pursuant to resolutions passed at a general meet- " mg of the Freeholders, called by the Sheriff and dn\y convened in " the District Court House in the Town of Niagara, on Saturday "the 3ist. day of March 1832" and to acquaint you that 1 hay* ]a;d the same before His Majesty .j 1 have the honor to be gentlemen. Your most obedient servant, GODERIC1J. To JosErH Hume, D. B. Viger. and ) Wm. L. Mackenzie, Esqiires. &c. &e. £ No. 7i. Reply to an application for copies of Memoirs addressed to ilie Colo- nial Office. Lord Howick presents his compliments to Mr. Mackenzie, and •n compliance with his request, herewith returns the accompanying papers forwarded to the Colonial D2partmont. by Mr. Mackenzie on the 25th July and 3d inst., in order that he may retain copies of them Downing Street, ISth August, 1832. To Wm. L. Mackenzie, Enquire. 191 Correspondence. No. 72. Downing- Street, 8fh September, 18o2. Sir, lam directed by Viscount Goderich to acknowledge the receipt of your letters of the 27th August and 5th September. In answer to these communications I have to inform you, that the other addresses as well as that from the Niagara District have, in the usual manner, been laid before His Majesty, and you are at liberty to state this fact to the persons by whom they have been signed without receiving a separate answer to each. With respect to the War Losses and the state of the reprc- S3iitation although, of course, he can enter into no discussion with any private individual on such subjects, Lord Goderich is willing to receive and to pay such attention as they may appear to require to any further written statements you may think fit to submit to him, if you have any thing to offer which can only be verbally communicated, His Lordship will not refuse on his return to town to afford you such opportunities of addressing him as his other avocations will allow. Mr. Thomas Applcton's petition having been received un- accompanied by any acknowledgment from the Lieutenant Governor, it was sent to Sir John Colborne by the July mail, with directions to return it to Mr. Appleton with a copy of Lord Goderich's circular letter of 2d Ma} r , 1831. You did -not even allude to Mr. Anpleton's petition in your letter of the 13th of June, nor for some weeks subsequently, and Lord Goderich, therefore, presumed that it had been forwarded by the individual himself direct from Upper Canada. On the subject of the papers which you request to have re- turned, Lord Goderich directs me to observe, that it is the practice of this office to retain for the purpose of reference all papers which are enclosed in letters addressed to the Secre- tary of State, and that a departure from this rule might lead to the greatest inconvenience. As, however, you appear to have been ignorant of this being the case, and in consideration ol the nature of some of the papers you are anxious to recover, Lord Goderich lias directed them to be returned, but he thinks it necessary that you should be distinctly warned that such an indulgence will not again be extended to you, and that all papers you may, in future, transmit to him, will be deposited in this office as public document'. With respect to the mode of transmitting petitions to this country, Lord Goderich is not aware in what manner he can render more explicit the information you have already re- ceived. You have been told that the letters enclosed in miitt Correspondence. 195 of tlif 13th nit. were sent by a mistake of the clerk by whom that letter was put up, and it has been pointed out to you that my letter of the 13th August distinctly refers to one enclosure only. Lord Goderich does not feel himself at liberty to make any application to his Grace the Postmaster-General on the sub- ject of die petition which has been sent to you. The inhabi- tants of Upper Canada have a secure and easy mode of trans- mitting their complaints to the Throne, by the regular official channels, and permission could not, without much risque of abuse, be granted to individuals acting in no public capacity to receive packets free of postage. I am, Sir, Your most obedient Servant, HOWICK. To Wm. L. Mackenzie, Esquire. No. 73. Colonial Office, Tuesday 26th. Sir, I am desired by Lord Goderich to propose to you to call here on Saturday next at two, instead of tomorrow at half past twelve, as the House of Lords meet at one o'clock to send up an Address to His Majesty. I am, Sir, , Your Humble Servant, B. J. BALFOUR. To W. L. Mackenzie, Esquire, &c. &c. No. 74. Colonial Office, November 2c/,* Tuesday. Sir, Lord Goderich has desired me to express his re- gret that the pressure of business should have prevented him seeing you since his return to Town. He now begs leave to pro- pose one o'clock on Tuesday next at this office for the interview which you desire. I am, Sir, Your Obedient Servant. B. J. BALFOUR. W. L. Mackenzie, Esquire. l%6 OFFICIAL LeT*ERS. No. v.). Colonial Drrtck, \ Xurcmbrr 3th. ^ Lord Coderirh presents li is compliments to Br. Mackenzie, he - finds himself obliged to change tlie proposed bom Tor interview tomorrow, to twelve o'clock, instead of one ; whifih. he hopes will hot be inconvenient to Mr. Mackenzie. Wm. I . . M a < k t: s v. 1 e , E squ ire. No. 76. Colonial Office, £ November (>///. <> Lord Godeneh is sorry to be again obliged to put Mr. Macken- zie oft', he has now to propose twelve o'cloek on Wednesday instead vi twelve tomorrow. To Wm. L. Mai -kf.nz.ix:.- Esquire. MEMORANDUM. On Wednesday the 7th of November 1632, I had the honour of a very long interview witli the Secretary of State, and on the day following the despatch was written, which is an answer iu part to my representations. Ut 4ut, 1835. WM. L. MACKENZIE. No. 77. Selections from Mr, Mackenzie's Official Letters fo Lord Viseount Goderich, His Majesty's Principal Secretary of State for the Colonies, transmitted by His Majesty's Government to His Excellency Sir John Colborne, IC C. B. for publication in Upper Canada, and by him laid be- fore the House of Assembly, together with the Despatch of the 8th of November, 1832. A« — The Legislative Council. ®.~ Do. Do. C— The Bank Influence. D. — Education. IE. — State Churches — Clergy in U. C. ff\ — Government patronage, L C. €*• — Evidence of Colonial Misrule. H« — Colonial Officers. !• — Justices of the Peace. Legislative Council. 107 ALSO, K. — Trade of the Canadas. L<, — The Land Granting System. A, ■ a Memoir addressed to the Secretary of State ; received at Colonial Office on the 25tk of July, 1332, and enregistered there, as " 2odc, Upper Canada." TSae legislative Conceit. The organization of the Legislative Council (the effects of which I am also desirous fully to detail in a separate paper,) is such as to deprive that Honorable Body of even the appearance of independence iu its proceedings. Its chief purpose, at present, appears to be the introduction of unpopular measures into the Colonial Legislature, and the shielding, in as great degree as possibly may be, the several Colonial Governors, from that unpo- pularity, blame and reproach, which would be their portion, if it fell to their lot, (as it annually does to the lot of the Councils Legislative of their nomination and choice) to negative and put dowu measures originating in the Assembly, of a character great- ly desiredby the whole body of the people. Hitherto, the Houses of Assembly have scarcely excited even a momentary attention in this Country when they forwarded complaints; for as it appears to me, by observation, there is so much domestic business of a very important character to be trans- acted, that it is found impossible for His Majesty's Ministers to spare the time necessary to a full understanding of the state of society in Upper Canada. The Legislative Council, therefore, has been enabled to render what 1 would call useful Legislation upon measures of great and general interest (during the last 12 veins at least, as may be seen by a reference to the Journals,) abortive. The Government has annually supplied itselfwith the revenues of the Province, utterly disregarding every resolution of the Assem- bly in the 10th Parliament, to correct the evil. Information even as to the objects to which their (the people's) money is applied, is annually refused in respect to a great part of the funds of the Colony, by the Colonial Governors, to unanimous addresses of successive Assemblies (See Journals of 1629, 1630, and 1331) the Royal Instructions being the plea of such refusals. From a memoir addressed to the Secretary of State for the Colonies; received at the Colonial Office July 25tk, 1832 unregistered there, and numbered *' 2339, Upvzr Canada." The legislative Ceusacil. A change in the Legislative Council, its system, is asked Assbm. No. 2L. F2 198 Bank Influence. very present imper- for only from a conviction generally entertained that, as little harmony is found to prevail between the present in feet representative system and the Council, (as may be seen by the Legislative Council's Journals of last session, 1832, 1830, 1829; 1828, 1827, t ( ' daring outrages against the peace of the community have M passed unprosecuted, and that the persons guilty, have, from " their connexions in high life, been promoted to the most " important offices of trust, honor and emolument in the local tk Government. It appears that the Crown Officers, who ex- " ercise an exclusive right to conduct criminal prosecutions *' at the Courts of Oyer and Terminer and General Gaol 41 Deliver}-, are in the habit, even in the first instance, of being ** retained and taking an active part in the defence of the ci- " vil action for the wrong, by which it is inevitable that pro- " secutors will be discouraged to apply to them for professional " aid, and justice therefore, in many cases, fail, unless the " rights of prosecutors and of the Car are asserted and upheld, " as in England. From the testimony given, your Committee " do not hesitate to come to that conclusion, in which they " are supported by the testimony of the Honorable Mr. Jus- '* tice Willis, and nearly all the witnesses examined." The reports and evidence are printed in the appendix in the Journal of 1828; but they only afforded additional proof of the utter powerlessness of the House to do aught relative to public wrongs except to complain of them, to the personal injury perhaps of many members who might act thus independently. So it zcas in the present instance. Of this Report the accused took no public notice, but the + Not long since arrived from the colony of Upper Canada. • X I caused the Reports of these Committees to be published and commented in the severest terms upon tlio affair of Capt. Philpotts and the Crown Officers, insomuch that the grand jury presented me for libel — (that is to say, the Government intended to prosecute) but no inducement could prevail upon the present Chief Justice, then first Crown Officer, to let the matter go to trial, and it never was tried. The late Surveyor General, when asked to attend and give evidence at the House of Assembly, said he must first obtain the Governor's leave, as an executive officer, and the Legislative Coun- cil's permission, as a legislator ; and so fearful must Colonels Giving and Coffin have been of implicating those in authority, that they chose to go to jail, for contempt, rather than give their testimony be- fore the Committee of Enquiry into Capt Philpolt's cate ; so .emfiiiieu in jail till alter the prorogation. Memoia. 205 th»n Attorney General addressed a secret communication to the Lieutenant Governor, for the Colonial Department, which it duly reached, in which he thus characterized some of the most distinguished Members of the House, his fellow Representatives. tk If a preference is felt for the system in uso '* there, [iu England,] I have never heard it expressed by any " persons, and that it is decidedly my belief, with very good "means of observation, that whatever prejudices may in time " be excited, any dissatisfaction with the present system of con- V deleting criminal prosecutions, in the Courts of Oyer and M Terminer, is at present confined to a very few indl- 44 viduals in the Assembly, whose opposition to every ar- " rangement and institution of the Government is very indis- " criminating." This communication was made, as I have before stated, in secret — it was never intended to be made known to the per- sons attacked. They had no opportunity to refute the ca- lumny : and, at first, when interrogated by a Committee of the Assembly, Mr. Robinson declined to avow the authorship, considering the document from which it had been taken, se- cret and confidential.* It was, however, soon after mada public. The charge it contained was of a most serious nature ; it was that of an unprincipled opposition to all the measures and institutions of the Government. "Mr. Robinson might ss well have secretly charge- his brother members with hav- ing been combined in a traitorous conspiracy against tho Government under cover of a faithful discharge of their Par- liamentary duties. The charge was not otfered to the notica of the people among whom the parties lived, where it couid be openly and fairly met, bat was transmitted to persons at a distance, who could judge of the accusation only from the so- lemn and confidential manner in which it was preferred, and from the standing and official character of the accuser, who was himself high in their confidence. It was intended to protect his own pocket from the hand of legal retrenchment; and in order to do this, he attempted to predjudice ouo branch of the government of which he was a confidential ser- vant, against another of which he was a member ; as a mem- bar of the House of Assembly, he so far forgot and betrayed his duties, as to endeavour by a clandestine unconstitutional exercise of a high and important office, which ~he held, to prejudice a co-ordinate branch of the government against its measures ; at the same time this calumnious representation was made to those who had no business with it. Whether tha charge were well or ill founded,' the government had nothing W do r/\i\i It, The individuals charged, were in no way* an- • Bee Asaemb j*g Journals, rS29. Evfdeaee'fQ .AnpeGdnr, G2 2C6 Memoi*. swerable to the Government. On this account the accusation wa<* as uncalled for as it was unfounded ami unjust. The slander was intended to poison thf Royal Ear, and to preju- dice the mind of His Majesty and His Government against those who most naturally look up to him for protection. It was calculated to defame, in the very quarter where a man of honour would most wish his character to Le regarded with es- teem and respect." Except in so far as it afforded Mr- Robinson the private opportunity of traducing the Committee of the Assembly, the Report effected nothing, and a subsequent address to the King on the same subject adopting the opinion of the Com- mittee as that of the Legislature, was answered by the exal- tation of Mr. Robinson [o the Presidency of the Executive Council of the Colony. 7th. Sir Peregrine Maittand soon dismissed Mr, Justice Willis. Why he did so, the characteristic despatches sent by him to the Colonial Office, and which have since seen the light, will she*. They are specimens of the system of espi- onage to which many a worthy man in Tpper Canada has ial- len a victim. Sir P. Maitland appointed the Custom House Officer at the Port of Kingston to a seat on the Bench of Jus- tice in Mr. Willis 5 room, the other puisne Judge of the Colo- ny having then been recently exalted from the Custom House either of BrockviHe or Prescott. His Excellency about this time quarrelled with the ninth Parliament, on the Alien Ques- tion and other matters, and being very generally disliked through the Colony, was promoted to the important Govern- ment of Nova Scotia, carrying with him many affectionate Addresses at parting, containing thousands of signatures. Among the most prominent Arts of the last year of his admi- nistration, was his receiving Addresses, in which the House of Assembly was characterized as factious demagogues with an expression of high satisfaction.* Lord Dalhousie did the same to th" most violent declamations against the Assembly of Lower Canada.! 8th. On the 12th of January, 1820, an Address by the House of Assembly, passed in the lUth Parliament to the new Governor, Sir John Colborne, by a vote of o7 to 1, pray- ing against the injurious policy of the Provincial Adniinistra- Uon, and lamenting that His Excellency's confidential advis- ers were persons who had deeply wounded and injured ti.a be^t interests of the country, in which, (they stated,) the administration of justice had not risen above suspicion. • -ee Fi ! e<: of the Upper Canada Official Gazette. fc See Printed Reports on Grievances with tli* Evidence, printed k 7 arder of the Assembly of Lf.ver Canada (printed I3v3k cee aiso 1 Canada Official Gazette. Memoir. 207 9i!i. On (he 14th of March of the same year, the House addressed His Majest\', praying that individuals deeply en- tangled in Provincial politics, might not be called to the Court of Kind's Bench as its Judges, but that they might he se- lected from the English Bar; that Mr, Justice Willis, of whoso conduct they approved, might be restored to the coun- try. They also enumerated many wrongs in the administra- tion of justice, and assured the King, that it was " from such Courts and such Judges that the people desired to be re- lieved."* His Majesty's Ministers promptly answered their Addresses -by selecting one of the Executive Council, who had counsel- led Mr. Justice Willis' dismissal, to be a Puisne Judge ; Mr, Robinson, who had defamed them to be Chief Justice, and "Speaker of the Legislative Council. (His whole public lifo had been one continued attack, on popular rights.) His bro- ther, Mr. Peter Robinson, had a new office, at £1,200 a year carved out for him : His relation, the Solicitor General was given the vacant Attorney Generalship. Dr. Strachan had the control for the new College, Glebe Lands, and larg^ grants of valuable public property near York : Mr. Campbeil (who had, like Mr. Powell, been placed in the Chief Jus- ticeship, pro tempore,) had a pension of £1,200 sterling, a year, and was knighted ; and the other Judge had £1,000 ; and in all this the Colonists were never once consulted — their opinion to the contrary was on record. But in these days the Assembly was not, as now, considered by the Government to speak the sense of the people. Such proceedings were well calculated to disgust spirited and independent men, and prevent them from accepting seats in a body treated with such supreme contempt. Howeverbad the public Officers might have acted, there was no Court of Impeachment nearer than the Privy "Council iii this capital, II. "Extracts from a Memoir, addressed by special permission, m Lord Viscount Goderich, his Majesty's Principal Secretary .of State for the Colonies, received August 3d, 1832, at the ■Colonial Office, and registered there as " No. 3,019, Upper Canada :" — COLONIAL OFFICERS. Your Lordship has heen pleased to convey an assurance to the people of Lower Canada that " if any public officers can be »* tiec A«»0inbly's Journal, IHJ9, page 60. 203 Memoir. earned, who are guilty of an abuse uf their power, and of remissness in their duties, His Majesty would not be slow in removing such persons from his service," and " that if it can be shewn that the patronage of the Crown 1ms been exercised upon any narrow or exclusive maxims, they cannot be too en- tirely disavowed and abandoned. His Majesty can have no desire that sucli invidious distinctions should be maintained/' a belief that the same principle would be extended to Upper Canada, induced me to become a petitioner for enquiring into the public conduct of that officer, in respect to which, I now, with your Lordship's permission, respectfully submit the fol- lowing observations'. — The situation of Lieutenant Governor and Commander of the Forces of Upper Canada is one of, perhaps, greater emo- lument than any other on the Continent of North America, with the exception of the Governorship in Chief of British A- xnerica and the Presidency of the United States : the salary of the incumbent is £3,000 sterling a-year, besides a shore of certain seizures; great patronage ; a splendid mansion upheld by the Province ; and the income and other advantages at- tached to the Chief Command of the Troops; while the ex- penditure in a country, like Canada, where the necessaries, and many of the luxuries of life, are very low in price, i§ comparatively small. Whether the acquirement of greater wealth and property, er of personal comfort in a temperate climate with the pleas- ing task of aiding the establishment of British Freedom in a lovely, a magnificent country, be the objects more immedi- ately in view, the high office of representative of His Majesty in Upper Canada is, in my humble opinion, far preferable to office in London with a salary of £6,000 or even £8,000 a year, — It is equal to the official value of 20,000 acres of the best surveyed public lands in fee-simple. Land which will be worth ten times the estimated selling price, under any Gov- ernment which can continue to exist in the Colony for any length of time. It may be inferred that an individual thus amply recompensed by the country, and honored by his Sovereign ought to spare no exertion to prove to the colonists that the security of property and civil rights, the improvement of the Province, the economical expenditure of its resources, the redress of real grievances, and the advancement of general education, are objects which may bo as fully attained under a .Lieutenant of His Majesty, chosen with the advice of a Coun- cil, possessing wise, liberal and enlarged views, as they would be if the Chief Magistrate were chosen by themselves from among their most respected and tried statesmen, as is the casa -in the adjoining Republics. What a remarkable contrast i» Memoir. 209 pr**e?ited to the eye of the Canadians *ho compare the last tea years' messages of the Governors of New- York State with the last ten years' speeches of the Lieutenant Governors uf Upper Canada- #####• The Governor of Upper Canada, if he does his duty has a task requiring a good temper, great forbearance, a freedom from religious prejudices, arid a deposition to avoid giving of- fence to his Majesty's subjects because their views of Govern- ment in Church and State may net, in eveiy respect, accord with his own. Above all tilings, he ought not to estimate a. man's loyalty to his King by the degree of respect he mani- fests for the wealth and worldly power of the church by law established in this part of the island of Great Britain, nor range himself as a controversialist and partizan of the few, overstep the bounds prescribed by the functions of his high office, and wantonly injure the feelings of the many by at- tacking the ministers of religion, whom they esteem, and whose influence and hearty co-operation is greatly to be desir- ed in many matters connected with the general welfare. Ho should be a careful observer of the signs of the times, the genius of the people, and the various indications of public opinion : he is placed in a situation to attain much valuable information concerning the effect of the laws regulating trade, commerce and manufactures in Canada, and the adjoining Republic— to judge of the consequences of the present corn-? laws in drawing away or preventing Emigration to the oppo- site shores — to reason and reflect on the probable operation of those changes so much desired by the colonists, both a» affecting interests here and interests beyond the Atlantic.—- Should difficulties occur on the Continent of Europe of an unforeseen and unexpected nature, and Britain have her hands full, it would be an important point gained to hav9 tranquilized Upper Canada in the first instance, while time re? mained for that purpose, by doing that justice to the attach- ment of its people to His Majesty's Government and the Bri- tish nation, which their patriotism has merited, and would still more fully merit. Send to Upper Canada a Governor accus- tomed to civil rule, of kindly dispositions, and who will not second the Rev. Doctor Strachan's views for converting thp- population to the Established Church of this country, and a great advantage will be gained to England and to her colonists. If a more just and equitable policy were pursued towards the colonies, if it were kept in memory by all who seek to pre- serve the unity of the Empire, that the Canadians however great their interests and inclinations to remain connected for ages to come, with the Parent State, under good government, would suffer fzr less from an easy separation from Gl. Britain 210 Memoir; than would Britain herself, with whom t! colonial state, may bo greatly augmented, it it were recollect- ed, that although England engross* d ihreo-fourths of the trade of the 13 colonies, now the United States* before 1796, even in- terest gave away to patriotism when the colonists of that day thought tneir free institutions were .-.bout to be subverted and their religious privileges interfered with, in such ea?e the re- sults would be more satisfactory than ever can a system sup- ported by wealth and undue influence in the hands -of a few, and used to the disadvantage of the community. In the remarks I am about to make respecting tlie conduct of Sir John Colborne, I would not be understood to attach much blame to himself individual)} 7 , but to the system he per- haps willingly followed, but which he must have followed whe- ther with or against his will, in order to remain in Upper Canada as its Chief Magistrate. lie came into the country a stranger to the people, their customs and their manners, l.e found the persons who had guided his predecessor prepared to advise him, lie found Dr. Strachan and his colleagues in pos- session of the wealth, honors, emoluments, influence, and re- sources of the Province, while the House of Assembly wps neglected, and its remonstrances utterly despised ; lie found that the government was carried on without any supplies, and that the policy 7 ot England's rules in those days, was to conci- liate the people, be as moderate as possible, but trust the peo- ple with nothing, keep them powerless and obedient. Sir Peregrine Maitland had been raised to higher honors after having pursued a most unpopular course in Upper Canada ; Dr. Strachan had had offices and grants of land, and dignities conferred on him for standing a firm tho'' not very consistent supporter of high church pretensions in a country where very few, even of tho few Episcopalians it contains had the least desire for temporal pre-eminence,, His Excellency resigned "himself entirely to the guidance of those whom the Rev. Dr. could influence at his will, became a firm supporter of estab- lished abuses, interfered with the religious privileges of the people, and in a most ungracious and inappropriate moment declared his belief of all the slanders which had been heaped upon the dissenters, outdoing even Dr. Strachan himself in his * A late arret of this Court against the admission of British manu- factures produces a great sensation in England; J wish it may pro. duce a disposition thsre to receive our commerce in all their domini. ons on advantageous terms. This is the only balm which can heal the wounds that it has received. It is but too true that that country- furnished markets for three-fourths of the expOTts of tho eight north- ernmost Statos : a truth not proper to be spoken of, but which should influence our proceedings with them. (Jefferson's Memoirs, letter #8, dated Paris, Aug. 1785, and addressed to the late Co'ojieJ ftfunircuj RIliMOM*. 211 expressions of aversion and dislike to : ' numerous nod rrsper- table body, the extonsinii of whoso influence he deplored while he regret ed the small numbers of his own sect. I know no one public individual who has been niore carressed, and honor** ed, and promoted to- greater wealth, influence and dfstinclion by liie British Government than Dv. Strachan ; and it is pro- bable Your Lordships will doubt my judgment when J affirm as I now most sincerely do my conviction that the Dr. bas (I dare say unintentional^) dons more to wean the affections of the people from British rule, and to impress upon their minn 1 * (if it were possible) a sense of British injustice, than any other individual now living. He is an Executive Councillor, a Le- gislative Councillor, President of the College, and member of its Council, a Civil Magistrate, Rector of York, Missionary to the Society for promoting Christian K now ledge y member of tfae Land Council, President of the Provincial Board of Educa- tion; Senior Member of the Boards of Education in Eleven Districts, and a very extensive Land-owner— receiver of the iic ,v Glebe Rents, member of the Clergy Corporation, one of the principal proprietors of the Province Bank, and (if my me- mory serves me) he once sat at the Discounting Board as a Di- rector of that institution, Ar< hdeacon of the Church of Eng- huiJ, Doctor in Divinity, a Commissioner under the Heir aivl Deviz^e Act for proving letters to Estates, a Trustee ofths Ro3'al Institution, and in fact holds more situations than I can call to my remembrance. About 8000 persons petitioned the House of Commons against his misrepresentations while here, the Cauaia Committee's report exposed them, and success Vo Houses of Assembly complained of them, as if to shew the Pre- ^ iuce that the Doctor was of more importance than the opinion of the whole country, new honors were haped upnn him, new grants of the choisest portions of the public Land bestowed on him as an especial mark of the Royal favor, end his rebukes fell with increase;! weight on the unfortunate Disseirers from Lis adopted creed when conveyed last September thro' the cuannel of the King's Lieutenant Governor. For the sake of the pjace and prosperity of Canada, I trust the day is not far distant when this Rev. person wiii be strictly confined to tie performance of his functions as a minister of the everlasting Gospel — would a minister of State expect to conciliate tier Catholics of Ireland, or to retain the affections of the Catho- lics of Lower Canada, by honoring the functionaries wno shall act towards them as Sir John Colborne and his chief ad>- viser Dr. Strachan have done to the Methodists and other Dis- ■v* Canada > * The following hrisf but Fipnfieant cofn'raentarv on the )••■ pursued by the jfovernuiunt towards the people oi Upper Canada, :* 212 KFEMo:fr. ****** Upper Canada will expect an intelligent active individual as a successor to Sir John Colborne, a Governor who will appear to take a personal interest in the prosperity and im- provement of the Colony, and favourably consider those great general measures, tne people have so much at heart, but which the Legislative Council constantly reject, such as the amendment of the Jury Laws, a more adequate provision for general Education, an alteration in the Primogeniture Laws, moderate Law Fees, and more satisfactory and effi- cient regulations for the management of the a Hairs of Town- ships 03' their officers. His success will greatly depend upon himself; at 3,500 miles distance, it will be at all times, easy to evade his instructions, however positive and peremptory, if he possess that fondness for military power, and love of arbitrary authority which Rochefoucault tells us " are in eve- ry region of the globe, the usual attribute? of such delegated trusts." The Assembly in 1829, addressed Sir John Colborne, de- siring the removal of Dr. Strachan and his colleagues from the administration, because " they had deeply wounded the feelings and injured the best interests of the country,"* to which His Excellency answeredf that he was convinced ** that in many instances the most upright intentions had been discoloured by the medium through which they had been seen" and took no farther notice of the subject, although their vote was almost unanimous. Next year, 1830, they repeated their request, and assured him with scarcely any dissentients} that they entertained a settled conviction that the continuance about His Excellency of those advisers who from the unhappy policy they pursued had long deservedly lost the confidence of ihe country, was highly inexpedient, and calculated seriously to weaken the expectations^ of the people from the impartial and disinter- ested justice of [lis Majesty'" 1 bat one of a hundred I could bring forward to prove that the United States k-'vsp a watchful eye upon the progress of events in the colo- nies. The brief eomrne.itary " bit the people do not like it" speaks volumes to me. Education in Upper Canada, through the favor of the Royal Governors, the Episcopal Clergy seem to bo playing tha samo gam? in Upper Canada that they did in New York before tha revocation, in obtaining possession of all the binds and other perqui- sites that are appropriated for the purposes of feiigion or education* They have gained some of the lands appropriated to *hc support of colleges, and established an institution i ' •' '■[.'■■ College, but tht people do not like it. — /Veto York (Zvanz ■ <'-V. * See Journal, 1827, page ?. t SeeJonrnul, 1629- page 10. 1 5r C l1th'p*z« A.r><*mWy*s Journals, I83f. Memoir. 215 Sir John Colbome, did not as in the case of the Methodisti give his reasons for pursuing a course directly opposed to the public wish, but clung still more closely to the Strachan inte- rest — saw them soon after, more and more engross and mono- polise the power of the Colony, and with great brevity re- plied to the Assembly " Gentlemen, I return you my thank* for your Address."* How different this from his answers to Addresses wherein great and influential bodies of the people under his govern- ment are branded as seditious rebels, disaffected, led by de- magogues, and so forth. Few military men make good civil rulers in colonies, under a popular form of government, their previous habits requir- ing more implicit obedience to their mandates than is consis- tent with the habits of a free people, especially in America, where every man lives upon his own land, and thence imbibe* high notions of liberty and independence. It is difficult to imagine any motives other than a mistaken notion of what his duty required, united with bad advice, pre vious habits of military life, and an unpopular sentiment in favour of making converts to high church principles, a pro- bable consequence of his education, which could have indu- ced a brave and gallant officer like Sir John Colborne to pursue a line of conduct in Upper Canada so very much op- posed to the interests of Britain and Canada, as his has been, I. Justices of the Peace* [From the same.\ The exclusive and excessively unpopular manner in which His Excellency distributes the patronage of the Government is a source of perpetual annoyance to the wealthy and spirit- ed land-owners of the Colony. In the Home District a few- officers of the Government with Dr. Dunlop, an officer of a company of speculators in land, here, set as a board of con- trol over the local affairs of the two counties; disposing of the produce of the taxes, judging offences, regulating im- provements, constituting courts of general quarter session*, police magistrates, every thing ; while the task of the Far- mers is to collect the taxes and pay itfthemj into their Trea- sury, to be, in too many instances, wasted, and seldom fully 'See page I3th Assembly's Journals, 1830. H2 214 Memoir. accounted for. It might be admitted, even by the most eap- tious friend of arbitrary power, that it would be br.t reason- able to give this local power, at least partly, into the hands of the principal land-owners, as justices, and that the Mem- bers of the Assembly for the time being:, in their districts, would be as fit checks at least as the Legislative Council. His* Excellency thinks otherwise; seldom indeed has a pop- ular individual entered the magistracy, nor have Colonial Governors, either in Upper or Lower Canada, forgotten to make such changes as might warn spirants to, or possessors of, the office of justice of the peace, how necessary it was that their political opinions should agree with the administra- tion. Sometimes the land owners have prayed for the ap- pointment of certain capable and independent men as justi- ces, but I never once knew an instance of such a petition being listened to- There are no doubt some few very independent men in the commission of the peace, but in general the justices all over the Colony act with other office-holders and the pen- sioned or salaried clergy, to uphold the existing system. R. Trade of the Canada** From a Memoir addressed to Lord Viscount Goderich, and delivered at the Colonial Office on the 27th of August, 1832, to Mr, Charles Douglass , His Lordship's Private Secretary. *J* On the subject matter of this letter I had an interview with hii Lordship of about two hours on the 7th of November, 1832. While the citizens of the United States are enabled to trade freely with the Chinese and are popular with them — while the tea trade is about to be made free of all duties to the people of the Union, the King's subjects in Upper Ca- nada and the other Colonies are made a monopoly of for the benefit of the East India Company, and compelled to pay a dear price for an inferior quality of tea, purchased by the Company at an inferior price in the Chinese market, ex- pressly for the use of Canadians and Nova Scotians, as yoor Lordship will perceive by the testimony given befop the East India Company Committee of the House of Com- mons in 1890, questions 1254, 1235, 1236, 1237,125*, 1239. Memoir. 215 The prou^i 100, centre in England, in that Company exclu- sively, and are considerable as is evident by the statement! annexed to Mr. Melvili's answer to question 5875, History might have taught England the expediency of adopting ano- ther policy. If the principle of 2d a lb. tax on tea was un- popnlar in Boston,, in 1775, it is not likely that a knowledge of the Canadians of the above facts, and that Is. to Is. 6d. sterling is paid in profits and taxes in Leadenhall Street on every pound of this inferior tea they consume, will interfere with the views I have ascribed to the American Government. With regard to trade generally England declines to give the Colonists a monopoly of her markets for their produce, and she declines to permit them to supply themselves with such things as they want from abroad at the cheapest market. At the ports of Liverpool and Glasgow, there is no protecting duty in favor of a cargo of Canadian flour beyond what is al- lowed to a cargo of flour from the r ar of New York, Pen- sylvania, Michigan and Ohio, ground on the North bank of the St. Lawrence — while, should the Canadian owner desire to buy tea in China or foreign goods in the Union, he finds a prohibition on the former and heavy protecting British duties against the latter. The Americans carefully exclude the people of Upper Canada from the use of their Canals and #rain and produce markets by prohibition duties — while England orders American produce, wheat, flour, beef and pork to be admitted into Canada duty free, for domestic use and exportation. A British Agricultural Emigrant who shall carry his capital and industry to the Souih shores of the St. Lawrence and great Lakes, will find himself possessed of a free access to the Canadian Market, the British West India Market, the Domestic American Market and the American Markets in Foreign Ports — he may send his grain down the Canal to New York or down the St. Lawrence to Montreal, while the inhabitants of Canada is restricted to Montreal only ! The Americans have a virtual monopoly of the supply of the British West India Markets with produce, while the North American Colonists, who profit little by the West In- dia trade, purchase vast quantities of West India produce which the Americans carefully exclude. Can Your Lordship even for one moment suppose that the shrewd and sagacious statesmen of the Union are ignorant of the effects produced on the minds of the Colonists by a system like this ? Know- ing as they do the internal state of the Colonies and th« petty vexations to which they are subjected it is not to ba wondered at that they expend very little money in fortifying ir Canada frontier. * * * * * 2JG Memoir. JL. The Land Granting System, [Fkom the Same.] Mi*. Richards, the Commissioner for enquiry, appointed by Sir George Murray could not learn much of the people's feel- ings and temper by merely passing through Canada. (I was for years a resident in the Upper Province before I fully comprehend- ed the state of parties.) Mr. Richards, however, in his report to your Lordship, judiciously alludes to "the value to which this beautiful Province (meaning Upper Canada) might have been raised under a more economical management of its land resour- ces." There he is right, but he is in error when he says that the present and late administrations are not to blame. We of Upper Canada well know that a few families have borne sovereign sway in Upper Canada during the last fifteen years — that they in reality are the administration and the Government, and the Judi- ciary — that they are every thing and the people nothing. If the mismanagement complained of by Mr. Richards, which drove the 29,000 emigrants from Canada in 1827 and 1828, and which wasted the landed sources of the Colony, be a fact, it is also a fact that a few individuals who have been enabled under every govern- ment here, to promote their own personal interests at the expense of the freeholders (with those who permitted them) are to blame. But for them Upper Canada would have been twice as populous as it is — but for them the National Debt of Upper Canada would not now have exceeded that of the American Union — but for them and their influence here, the War Losses would long ere now have been paid, and England not asked for a shilling towards the payment. No one directly blames either Your Lordship or Your Noble & Hon'ble Predecessors in this matter. Had any one or two of the Colonial Office Bearers who have made so many voyages between Upper Canada and Downing Street, of late years, in search of pensions, places, offices, and appointments, taken the pains to enlighten Ministers as to the least burthen- eome means by which the claims could be liquidated, as their local knowledge of the Colonial Revenues enabled them to do, ibi3 Memorial would have been unnecessary. No. 78. From the Records of the House of Commons > 1833, Upper Canada. Return to an Address of the Honorable the House of Com roons, dated 18th July, 1833, for Copy of a Despatch addressed "by the Secretary of State for the Colonies, to the Lieutea?st Lord Goderich's Despatch. 217 Goveruor of Upper Canada, dated 8th November, 183*2, on the subject of Petitions from the people of that Province for the re- moval of His Excellency ; the Dissolution of the Legis- lative, and the remedy of certain alleged Grievances ; and of any Addresses to His Majesty from the Legislative Coun- cil or from other Inhabitants of the Province agreed to in conse- quence of the said Despatch. JOHN LEFEVRE. Colonial Department, ) Downing Street, 20th August, '33. $ [Mr. Hume.] . Ordered by the House of Commons to be Printed, 20tk August, 1833. Copy of a Despatch addressed by the Secretary of State for the Colonies to the Lieutenant Governor of Upper Canada, dated 8th November, 1832, on the subject, of Petitions from the peo~ pie of that Province, for Removal of His Excellency ; the Dissolution of the Legislature, and the remedy of certain al- leged Grievances; and of any Addresses to His Majesty from the Legislative Council, or from other Inhabitants of the Province, agreed to in consequence of the said Despatch. SCHEDULE. 697. A. — Copy of a Despatch from Viscount Goderich to Major General Sir John Colborne, dated Downing Street, 8th November, 1832. B. — Copy of a Despatch from Major General Sir J. Colborne, to Viscount Goderich, dated Upper Canada, 16th Fe- bruary, 1833, enclosing Addresses from Legislative Council and House of Assembly. C — Address to His Majesty from the inhabitants of Lennox &. Addington. D.— Address to His Majesty from the Inhabitants of Cobourg, A. Downing Street, ) 8th November, 1832. J Duplicate, JVb. 162. Sir, During several months past I have been in occasional communication with Mr. William 3iackenzie, upon the subject of the Grievances said to exist in Upper Canada, and for redress of which various petitions have besn addressed to His Majesty. 218 Lord Goderich'* As Mr. Mackenzie has been the bearer of those petitions to this country, I have gladly availed myself of his residence here to obtain such information as it is in his power to give respecting the opinions and wishes of that portion of the inhabitants of the Pro- vince by whom he has been deputed to act, and although I have adhered to the general rule of declining to explain the views of His Majesty's Government, on questions of Canadian policy, to any person except the Governor of the Province, I have bean anxi- ous to afford Mr. Mackenzie the most ample opportunity of doing justice to the case which he laid before me. From the voluminous mass of that gentleman's correspondence, 1 have selected three documents which profess to embody the en- tire substance of that case as it affects the present condition of Upper Canada : of these documents I have the honor to enclose copies for your information. I propose in this Despatch to follow Mr Mackenzie through those parts of his statement respecting the representation of the inhabitants in the House of Assembly, which appear to me essential to the consideration of the practical questions he has undertaken to agitate. But confining myself to what I consider as really rele- vant, I shall necessarily pass over in silence some details which have been introduced with no perceptible tendency to elucidate the subjects in discussion, and much invective and sarcasm which would have been far more conveniently spared. It is with no intentional disrespect to Mr. Mackenzie that I remark that he has adopted a sLyle and method of composition sin. guiarly ill adapted to bring questions of so much intricacy and im- portance to a definite issue; but however discursive may be h;s papers, or however acrimonious their tone, I am not on that account disposed to withhold my attention from any useful suggestions they may contain for the public good. I am the more induced to devote to this discussion such leisure as 1 can command, because 1 am solicitous that the comparatively small body of persons whom Mr. Mackenzie represents should have no reason to think that j heir complain! s had been overborne by the contrary declarations of the much more numerous bodies oppo- sed to them. Mr. Mackenzie indeed would have himself understood as speak- ing the sentiments of the entire population of Upper Canada, ex- cepting only a few public functionaries whose interests are opposed to those of the people at large. It is not necessary, however, to have a very long experience of public controverses of this nature to be aware of the levity with which such pretensions are continu- ally advanced upon the slightest and most inadequate ground. Almost all complaints, the most opposite and contradictory not excepted, which reach this office are nearly as a matter of course, preferred in the name of the collective society : and it becomes necessary to distinguish carefully, in such cases, between mere rhetorical embellishments, and statements made in the cautious and measured tone of truth. Now, in the present instance, I find that Mr. Mackenzie's views are supported by forty-four petitions, which have been signed on the whole by 12,075 persons. — On the other hand I have before me no less than thirty.three petitions from the different Counties, Despatch. 219 Districts, Towns, and Townships of the Province, signed by 26,854 persons, who concur in expressing their cordial satisfaction in those laws and institutions which the other sort of petitioners have impugned. Such a body is far too numerous, and many of the individuals composing it are far too considerable in their sta- tion and character to justify the supposition that they can be in a state of dependance on the local government, or controlled by any unworthy influence in their public conduct. I am driven to the di- lemma of either supposing this great mass of the people of Upper Canada ignorant or corrupt, or of concluding that a very small minority of the whole population concur in Mr. Mackenzie's views. The former supposition is as improbable as it is cfT:nsive.-Th.e latter, however contradictory to Mr. Mackenzie's assertions, is verified by many of the particular facts which he has advanced or admitted ; but tho' I conceive this gentleman's constituents to be opposed by the general current of public opinion, I do not in the slightest de- gree mean to dispute their collective or individual respectability, and there is no class of the Canadian people, however small, nor individual amongst them, however obscure his station, to whose petitions His Majesty does rot require that the most exact and res- pectful attention should be given. I shall, in the first place, advert to the paper to which Mr. Mac] kenzie has given the title of " Observations on the state of the re- presentation of the people of Upper Canada, in the Legislature of that Province." In performing this task, however, I must decline to pursue the discussion into those redundant and misplaced details with which Mr. Mackenzie has encumbered it. Thus, for example, I shall pass over in silence whatever is stated respecting the case of Mr. Stuart, the Attorney. General of the adjoining Province, and the state of the borough of William Henry, for the representa- tion of which, in the Assembly, Mr. Stuart was a candidate; nei- ther shall I enquire into the justice of the reproaches with which Mr. Mackenzie assails the conduct of former administrations, both in this kingdom and Upper Canada, upon occasions which have long since passed away, and questions now become wholly absolete. I can address you only for some practical purpose, nor is there any measure suggested by the Petitioners <>r their Agent with a view to which, such a retrospect seems to me either necessary or desirable. I must add that if it were fit to review the past history of the Pro- vince, it would be impracticable to assume Mr. Mackenzie's paper as the basis of such an enquiry, since it is drawn up in an utter disregard of method, and in such a manner as to render the diffi- culty of distinguishing between assertion and proof, deliberate statements and the exaggerations permitted to an advocate, almost insuperable. , I shall limit myself to the single consideration whe- ther he has brought to light any grievances, for which His Majesty, in the legitimate exercise of the authority or influence of His Gov- ernment, can be called upon to remedy. The great object of Mr. Mackenzie's censure is the Electior Law, which was passed by the Lieutenant Governor, Counci and Assembly of Upper Canada, in the year 1820. I might perhaps, not without reason, raise a preliminary objection to th discussion of that question at all. If the Election Laws of thfc Province require amendment, the change must originate not with 220 Lord Goderich's the Executive Government, but with the popular branch of the local Legislature. Any interference of the Ministers of the Crown, would be reprobated probably by Mr. Mackenzie him- self, and certainly by his brother journalists, as an unconstitu- tional encroachment. If therefore I advert to the question at all it is because, in the prospect that such a discussion will be provoked by the Petioners, I think it fit that you should be appris- ed of the views which His Majesty's Government entertain on this subject, that you may not be destitute of a rule for your guidance in the acceptance or rejection of any bill which may be passed by the Legislative Council and Assembly for the amend- ment of the Election Laws. If I have found occasion to lament the redundancies, I cannot less regret the deficiencies of Mr. Mackenzie's documents. He has travelled through this protracted discussion without finding himself called upon to notice, still less to refute the arguments by which it has been usual to vindicate the constitution of the Pro- vincial House of Assembly. Yet it is impossible that he can be ignorant of them, nor credible that he should regard them as deficient, at least in plausibility. An ignorant reader of his pa- pers might be left with the impression that the question was alto- gether new, and that the existing constitution had never been vindicated on the principles and on the example of the most free and independent go-ernments. How utterly remote this is from the fact is clear to every man whose attention has been given to the affairs of Upper Canada, for the last few years. Mr. Macken- zie has therefore imposed on me the necessity of drawing a gen- eral outline of that defence of the law of 1820, which he has passed over in silence, but which is far too important to be dis- regarded by any fair and impartial inquirer. It is a fact familiar to all who are conversant with the Legisla- tive history of North America, either in the United States or in the British possessions that a problem of no light difficulty ha? continually arisen respecting the distribution of the Elective Franchise amongst the inhabitants resident in different parts of the same State or Province. The surface of the country is gene- rally divided for political purposes into sections of nearly equal areas, but those counties or Townships which are in the imme- diate vicinity of the capital or which are intersected by great na- vigable streams, or bounded by lakes, are peopled with far greater rapidity than the more remote Districts. Hence it has frequent- ly happened that a single metropolitan or trading county has con- tained a population exceeding in wealth and number many newly settled counties of similar dimensions. Accordingly, when capi- tal and numbers have been made the exclusive bases of the rep- resentation, one portion of the State or Province has acquired an influence in the Legislature which has reduced to comparative insignificance the weight of all the other divisions of the country. The favoured District has thus been able through its representa- tives to throw upon the less fortunate sections, a most unequal weight of taxation, and to refuse to them a fair participation in the benefits of the judicial and other institutions, to the support ef which the revenue wss applied. Local interests have predom.- Despatch. 22\ w&ted over tbc general ioteffltsts, and discontent! have boeu en- gendered, threatening the stability of the Government and tend ing to an abrupt severance ot One part of the fcftate or Truvince from the rest. In the State of Maine, as I sm informed, this difficulty was so sensibly felt as to have led to the introduction of the system adopt- ed in Upper Canada in the year 1620. In r-ppcrtioning the elective franchise among the inhabitants, the Legislature did not confine its attention exclusively to the qucs'ion of property and of numbers, but introduced a new element into the calculation. They consider- ed that a small number of peisons occupying one country might reascnablv claim as large a share in the Representation as a much larger an 1 wealthier body occupying another county of equal dimen- sions. By this method members were drawn from every part of the Province : the local wants of every part were explained, and the interests of each vindicated. In a densely peopled country like Great Britain, po~se.-sing such internal communication as to secure the immediate diffusion of intelligence from one end of the kingdom to the other, this precaution might be the less necessary, since no part is so remote or inaccessible as not to be rapidly reached by information ot every projected law, or as to be destitute of the means of making an early protest against any measure injurious to its welfare. Yet even in this kingdom, where the subject has with- in the last two years undergone the most public and rigid scrutiny, no one, so far as I am aware, has seriously advanced the opinion that the Representation of the metropolis should bear to that of the country at large the proportion which the wealth or population of London bears to that of England collectively. Such a principle would have g yen to the metropolitan districts between forty and fifty members, a scheme which I need scarcely say would have been rejected by the entire body of the people, as altogether unequal, though resting upon a foundation of the most perfect nominal equality. It appears, however, to have been perceived by the Upper Canadian Assembly, m the year 1820, that by simply adopting the rule to which I have referred, they might extricate the Province from one difficulty at the expense of another yet more considerable. A county might contain a very inconsiderable body of persons for some time after it was first redeemed from the wilderness, and thus a choice of members might virtually be committed to a very few electors, who might themselves be subject to seme unworthy influence. It was therefore required that no county should be represented in the As- sembly by a distinct member until the inhabitants numbered one thousand," at least. But with the foresight which is perceptible in every part of this law, it seenjs to have been perceived that t.hera was considerable danger in leaving any body of new settlers wholly unrepresented ; and to obviate that inconvenience, the inhabitants of each county whilst yet below the required number, were authorised to vote in the least populous adjoining county. Thus without being betrayed into a sacrifice of the substance of good government by a superficial attention to a merely nominal equality, the Legislature of Upper Canada, in the year 1820, justi- fied the confidence reposed in them by the constitution. The- ■ ere too conversant withthe real business of life to suppose that 12 222 Lord God e Rich's "b. great social system could be practically carried on without ad- vancing a little beyond the most obvious and elementary maxims, or that the inevitable intricacy of the public affairs of the Province could be met without some degree or" complexity in its political institutions. They therefore embraced in their law provisions for the protection of all classes, however obscure and remote from the notice of the local Government, for the control of that undue in- fluence which mere wealth and density of population would, other- wise, have exercised, and for the gradual enlargement «f the repre- sentative body as the constituency should itself increase. 1 cannot suppose that a gentleman who has taken so active a part in the affairs of the Province as has fallen to th'e share of Mr. Mackenzie, should have been really unapprised of considerations 60 familiar to every man acquainted with the subject as these to which I have adverted, though us a controversial writer he may perhaps have not consulted ill for the momentary success of this argument, in suppressing- all allusion to them. I proceed to the next objection which Mr. Mackenzie has made to the Act of 1820, which, in his own language is, that it created a * borough interest." In hss invidious terms the fact appears to bo That it gave one member to every town in which the Quarter Ses- sions Of the District might be holden, and which contained, at least, one thousand inhabitants. Those towns were, therefore, placed in precisely the same predicament as the counties of the Province. — Now if Mr. Mackenzie's principle, that wealth is the proper crite- rion, be just, this civic representation was wisely established, for it can scarcely be denied that one thousand persons inhabiting the same town will, generally, be the proprietors of a larger collective capital than a rural population of the same extent. If the princi- ple of numbers be correctly assumed by Mr. Mackenzie, then, also, it follows that the Towns were rightly enfranchised, since it is in the Towns that the most rapid enlargement of population usually takes place, and 3ince if members had been refused to them on the ground of paucity of numbers a similar refusal must have been ex- tended to ail the newly settled counties. But I greatly understate the a rgurnent.A town possessing a thousand inhabitants will yield a much larger number of actual voters than a county equally popu. lous, supposing the qualification to be, in either case, of equal amount. In the one case the franchise is exercrcised with the greatest facility, and in the other at an expense of time and labour which, comparatively, few will incur. Nor can I forget that, in every part of the world, civic population is more intelligent & more disposed to watch over public subjects, than a rural population of equal numbers ; because the first enjoy the constant advantage of mutual intercourse, and co-operation in pubhc affairs, of which the latter are in a great measure destitute. It is not at all surprising* that so enlightened a people as are the great body of the inhabitants of Upper Canada should have expressed in very strong terms their dissent from the views which Mr. Mackenzie thus «dvocates ; or that a people so conspicuous for their zeal for civil liberty should be so decidedly opposed, as by their petitions they appear to be, to plans which would sacrifice its suostance to a very superficial theory. Ic is further objected thai the law cf 1820, placed the | Dfi9PAT< ::. University in i}\t list of constituent bodies, and from t be ic . the charter subsequently issued, it is inferred that the University was to become what is termed "a nomination borough, undertb* especial patronage of the Church and State." I should scarcely have anticipated that any man, and least of all a man devoted to literary pursuits, would have denied the propriety of giving are- presentation to the principal seat of learning in the Province. It would be superfluous to expatiate on the importance of institu- tions for the education of youth in literature, science and religion, especially in a newly settled country, and I am well assured that neither in the Council nor Assembly could a single gentleman be found who would not gladly receive as a colleague a person re- presenting the collective body of literary aud scientific men in Upper Canada, or who would not gladly support, by that distin- guished honor, the cause of sound learning* You will observe that I do not here refer to an University con- stituted in the manner proposed by the original charter of incor- poration. Every man in Canada, however, knows, nor could Mr= Mackenzie have been ignorant, that so far from any anxiety hav- ing been felt- by the King's Government to maintain that charter against the wishes of the great majority of the people, every pos- sible measure has been taken to refer to their representatives the decision of the question, in what form and on what principles the College should be founded. It is indeed Mr. Mackenzie.s fortune to be opposed to a large majority of the House of Assembly: but it can scarcely be expected that in deference to any individual, or to the small, though respectable, minority for whom he acts, the King's Government should entertain the slightest distrust of the wisdom or fairness of the resolutions whieh it may be the plea- sure of the Assembly to adopt on this or any other subject. It is next made the subject of complaint that the law as inter- preted by the court of King's Bench entitles the County Mem- bers only to wages, and that the efforts of successive houses to ensure a certain degree of pecuniary independence to the new village representation has been rendered ineffectual by the Legis- lative Council. On what grounds the objections of the Council may rest I am not distinctly apprised. I might indeed conjecture their reason to have been that counties could with difficulty find representatives within themselves on other terms, while towns will always possess commercial and other inhabitants to whom a temporary residence at the seat of government would be attended with no inconvenience. I have no right to interfere with the de- liberations of the Council, but I am able to signify to you His Majesty's pleasure that you should not oppose any objection to any law which may be presented for your acceptance, for placing the Town aud the County Representatives on the same footing in ihis respect. It is made a subject of complaint that in the yer.r 1821, at- tempts were made first to deprive the land-owners cf the honor of assessing themselves to pay their members wages, and secondly to establish the right of voting in persons possessing a license for the occupation of Crown Lauds without having actually received £. grant, and that the last of these schemes was revived 1327. I 224 Lord Goperich's will not pause to investigate the propriety of measures which were never carried beyond an ineffectual attempt, li is enough forme to know that upon subjects strictly within their cognizance, the House of Assembly adopted a decision by which any such projects were frustrated. Whether they are well judged or other- wise the King's Government are not in any sense responsible tor th&m, and the discussisn of public affairs would be utterly inter- minable if every unsuccessful motion made several years ago in either House of the Provincial Legislature, were to be made the subject of censure and inquiry, at any distance of time. The remark that various religious bodies are excluded from the elective franchise because their members cannot conscientiously take an oath, raises a question which well deserves serious consi- deration. You will call upon the Law Officers of Upper Canada to report what is the law on this subject. You will have the good- ness to acquaint me whether you perceive any practical objections to placing the various denominations of christians mentioned by Mr. Mackenzie on the same footing, in this respect, as the Society cf Friends. I shall be happy to introduce a bill into Parliament for amending this part of the Constitutional Act of 1791, unless there should appear to be some difficulty in that measure which does not occur to me at present. Mr. Mackenzie then objects to the law which requires that every member of the House of Assembly should possess an unincumbered estate in land assessed at £&0 or upwards. This regulation he attributes to the Officers of the Government. On what grounds they are entitled to the credit, or responsible for the discredit of having originated this law, does not appear, nor does that question seem to myself of much importance. I will not digress into the discussion of the great general principle involved in this enact meal. Should any bill for the amendment of it be reserved for His Majr-s- . ty'e considration, I can only state, that the most careful attention will be bestowed upon the subject. It is, however, not to be overlooked, that the Government are said to have retained in their own hands the possession of all the un- cleared territory, that they might thus avail themselves cf the last mentioned law, and qualify a favorite whenever it might be deemed expedient. I might, perhaps, not unreasonably express my surprise that Mr. Mackenzie, acting as the delegate of so many persons in Canada, should have passed over in silence the fact that His Ma- jesty had been graciously pleased, upon my humble advice, to in- terdict the gratuitous disposal of the Crown Lands, and to render them all the subject of public competition, to the utter exclusion of any such favoritism as is thus deprecated. if the law which disqualifies any British subjects from voting at elections till the expiration of seven years after their return from a residence in a foreign country, be still in force, I subseribe to Mr. Mackenzie's opinion, that it cannot be too soon repealed ; and you will adopt all constitutional means in your power for promoting the repeal of it. On this subject I concur in Mr. Mackenzie's reasoning, however much I may be disposed to think that the weight . of his arguments would have been enhanced had he con- fined himself to the use of language more in accrdance with the ordinary tone of official communications than that which he has shoaerj to employ. Despatch. 225 I must entirely decline, as perfectly irrelevant to any practical question, the enqui ry whether at a comparatively remote period, prosecutions against the Editors of newspapers were improperly instituted or not. It is needless to look beyond Mr. Mackenzie's Journal to be convinced that there is no latitude which the moat ardent lover of free discussion ever claimed for such writers, which is not enjoyed with perfect impunity in Upper Canada. The law of 1813, which prohibited public meetings, is egain made a subject of remonstrance, although it was- repealed two years afterwards. To what end such complaints are preferred, 1 am wholly at a loss to surmise. Yet it is not unimportant to re- mark, that the Assembly which repealed this Statute was, if I mistake not, the same which enacted the election law, and that the zeal which they avowedly exhibited for the liberties of the people in the one case, is scarcely cons : stent with the imputations made by Mr. Mackenzie against their motives in the other. It is not a little singular that in the present year 1 should re- ceive a lengthened repetition of the complaints upon the alien question, which came before me in the year 1827, when I formerly held the seals of this department. Mr. Mackenzie describes the instructions which I then issued "as jufet and equitable," and as having " removed one grand cause of discontent." I do not feel therefore, that after the adoption of a measure so characterized, 1 can be again required to enter upon a detail of the very grievances for which it is admitted that an effectual remedy has been provided. In following the order adopted by Mr. Mackenzie, J next reech a statement that the local government encourage dependent persons holding offices at pleasure, and " debarred by the laws or" England from being concerned at elections, to use the great influence attend- ant upon office, to secure seats in the representative body, in order that its voice may be wholly under executive control although," adds Mr. Mackenzie, " it is an undoubted truth that the interests of the local authorities and those of the colonists are separate and distinct." As a writer habitually engaged in. political controversies, Mr. Mackenzie may not be fully alive to the injustice of advancing charges against the servants of the public, unsupported by distinct evidence of their truth ; but it is my duty to refuse credit to such imputations as 1 have quoted, unless they should be clearly substan- tiated by evidence. For widely as I dissent from the assertion so confidently made, that the interests of the local government are dis- tinct from those of the inhabilants at large, I admit that an abuse of the influence attendant upon office, for the purpose of exercising an improper control over elections, would justly expose to the heaviest censure those to whom it could with truth be imputed. On this sub. ject, however, in the absence of any more definite statements, I can only instruct you that His Majesty expects and requires of you nei- ther to practice, nor to allow on the part of those who are officially subordinate to you, any interference with the right of His Subjects to the free and unbiassed choice of their Representatives. It is represented that with a view to raise up and multiply the friends of arbitrary and exclusive principles, persons in authority, in and out of the Assembly, resist all plans of general education, and that places of learning are established only for the children of those who hold Government offices, and a few other influential and 2W Lord G :h'$ wealthy individuals. It is not easy to repress the expression of those* feelings with which I cannot but receive such unworthy im- putations upon the character of so many upright and enlightened men, unsupported by any proof whatever, except a general refer- ference, which I am unable to verify, to a report said to have been made on pome occasion by the present Chief Jutsice of the Pro- vince, on the case of Mr. Osgood. Even asuming, which is most improbable, that Mr. .Robinson really obstructs to the utmost of hi.-i power the advance of general education and knowledge, from the base motives so lightly imputed by Mr. Mackenzie, 1 utterly deny that the King's Government, either in this country or in Upper Canada, are responsible for the opinion which luv. Robinson may some years ago have advo- cated in the House of Assembly. It is, however, not unimportant to advert to this subject, because Mr. Mackenzie cannot assert more peremptorily than I deny the existence of any such narrow and preposterous policy as that of consigning the children of the yeomanry to ignorance, lest knowledge should render them in- : dependent in action or in though*. On the contrary, there is no one object connected with every part of his extensive dominions which His Majestj has more at heart than the general diffusion of sound knowledge in the legitimate and most enlarged sense of that term. This is not merely the first and highest interest of society, but is essential to the right use and peacable enjoyment of every other civil and social privilege. The Legislature of Up- per Canada have already been invited to consider in what man- ner the University can be best constituted for the general advan- tage of the whole society ; and His Majesty has studiously ab- stained from the exercise of his undoubted prerogative of founding and endowing litevaiy or religious corporations until he should obtain the advice of the Representatives of the people for his guidance in that respect. In the same spirit, His Majesty now directs me to instruct you to forward to the very utmost extent of your lawful authority and influence, every scheme for the exten- sion of education amongst the youth of the Province, and espe- cially among the poorest and most destitute of their number, which ma}' be suggested from any quarter with a reasonable pros- pect of promoting that great design. All minor distinctions should be merged in a general union for this important end ; and that the head of that union, the local government, should be found encouraging and guiding, and to the utmost of its power assisting all the efforts which may be made to create or to foster a taste for intellectual enjoyments and pursuits. A large portion of the unappropriated wilderness has already been set apart for the purpose If any other system of local assessment, for the building of school houses and the maintenance of Teachers, should be thought desirable, your assent will of course, be cheer- fully given to any such law. Or if the Provincial Legislature shpuld be of opinion that such funds would be more advanta- geously raised by a general duty, of which they would retain ti themselves the specific appropriation from year to year, I should hail with the utmost satisfaction the enactment of a statute, of thalnature This; however is asubject involving so many and mihiitd "details, that i; is of course, impossible ;cc beyond ihe expression of a general but most earnest solicitude for the furtherance of the i . comprehensive sense, in Upper Canada- Confident in your own concurrence, ami in that of the members of the Legislature in those views, I cheerfully remit to you and to them the office of originating the ' necessary plans for reducing the general principle into a definite* shape, requiring of yourself in the first instance only, that you should quicken the attention of the Legislative Council and As- sembly to this subject, should you have reason to apprehend that it is in danger of being overlooked or forgotten. Mr. Mackenzie announces his design to deliver separate papers respecting the organization or* the Legislative Council, and, in the mean Lime, assails that body with charges in the highest degree de- rogating from their character, though too vague ;o admit of any precise discussion. Amongst these general charges, I? however, find a statement, that the Si Govi nnually supplied itself with the revenues of the Province, utterly disregaiding every reso- lution of the Assembly, in the tenth Parliament to correct the evil. Information even (he adJs) as to the objects to which tiie,people's money is applied, is annually refuged; in respect to a groat part of the funds of the Colony, by the Colonial Governors, to unanimous addresses of successive Assemblies — the Royal Instructions being* •the plea of such refusals." To whatever facts the writer may in this passage refer, I am happy in an occasion of stating to you, that if the Royal Instructions are supposed to fork id the most unreserved communication to the House of Assembly of the manner in which the public money of the Province, from whatever source derived, is expended, such a constnier.ior, is foreign to His Majesty's design, There is no portion of the Royal revenue, whether the pioceeds of Crown Lands or from whatever other source derived, of the employ- ment of which the House of Assembly should not have the most ample and particular information which they may at any tjrne think. proper to call for. Nothing is to be gained by a concealment upon questions of this nature, and a degree of suspicion and prejudice is not rarbly excited, which, ho tv ever ill founded, ofi.cn appears in the result, to be incurable. Mr. Mackenzie condemns the present House of Assembly not less vehemently than the local Government and the Legisla- tive Council, representing that they were chosen by the people in a state of dejection and despondency as to the Reform of souses. To sustain his argument he is thus compelled to draw a picture of the Canadian character, in which I am confident he does His Majesty's subjects, at large, great injustice. I am '.veil persuaded that no people on earth are less likely to yield them- selves to the unmanly weakness of despairing of the public good, and of betraying their own most sacred duties in so pusil- lanimous a spirit. And in truth, Mr. Mackenzie must have per- suaded himself that a degree of ignorance exists in this country respecting the affairs of Canada which would be absolutely ludi- crous, if he can really expect credit for ti:e statement that in the year 1830, an utter despair of vindicating the public libeni.s« taken possession of the mind of the inhabitants. 228 parts of those documents as relate to the affairs of this Colony we must infer, fiom the observations of his Lordship, that it was abundantly displayed in the principles, motives and conduct as- cribed to His Majesty's Ministers in England, upon which his Lordship has necessarily the means of forming a correct opinion. We cannot say that it may not possibly give satisfaction to some persons in this Province to observe the condescending and respectful manner in which representations of so peculiar a des- cription, proceeding from an individual, have been received ami replied to, notwithstanding it was evident they were outrageous- ly insulting to all the constituted authorities of this Colony, ami scarcely less so to the people at Targe, in imputing to them sen- timents and feelings by which they never have been, and we are convinced never will be, actuated. It is not in the nature of things, however, that the Legislative Council, or that any portion of the people in this Province, of sound hearts and understand- ings, having the truth under their view, can regard such state- ments, as compose Mr. Mackenzie's voluminous correspondence with His Majesty's Secretary of State, in any other manner than with the most unqualified contempt, a contempt which, upon every principle on which character is acquired or lost, we think it must be more conducive to the public interests and honor, and to all the ends of good government to avow than to disclaim ; so far, therefore, as the despatch of His Majesty's Secretary of State is to be considered as a reply to those statements, or as a commentary upon information derived from the same source, we cannot regard it as calling for the serious attention of the Le- gislative Council ; but it is scarcely necessary to say, that in any other point of view, this expression of the sentiments of ITis Ma- jesty's Government upon several of the matters discussed by his Lordship, must be received by us with the greatest interest. Upon some of these matters it may become the duty of the Legislative Council to address themselves respectfully to their Gracious Sovereign, because they deeply concern the permanent interests of this Province; but we think we shall best consult the respect due to the other branches of this Legislature, as well as to ourselves, by forbearing to enter into any discussion upon them in connection with these documents. We appeal, however, to the intimate knowledge of this colony which Your Excellency has acquired during a residence of four years, for a confirmation of our remark, that upon several of the questions which in this despatch ate most elaborately discussed, no dissatisfaction or difficulty prevails, or ever has prevailed; 1 1 1 : . r no person! living here ever heard, or imagined before, thai they were seriously. talked of or thought of as grievances; andthal the minds of the people are so far from In ing disquieted by them, thai if i* probable not a word would be heard upon lliem in na- veiling from one extremity of the Province lo the other, and iu mingling with its iudustiious population throughout every por- tion »>f it. We appeal also to "i our 1 !x< ellem v for h < oi tion cf the statement, that from the day on tfhich the audio -i Legislative Council. 237 tfcosi - te piesrnt hour, the uudahave pursued their avocations as cont«nt- edly and as happily, with as kind and liberal a confidence in the ictful a submission to the ighoat thesame period in any part of t!:e dominions i pting ihe most county that could b3 pointed out in either of the United Ki It cannot but be highly gratifying to the Legislative Council to observe ho rnment estimates the stn- iud ardent attachment which binds the great body of this people to the person and government of their Sovereign, and to the constitution under which they live. It would indeed be lolly to- expect, that in so large a population, there may not, at any time be found some individuals who desire to disturb the existing order of things, from the same motives, and for the same purposes, which have prompted to similar attempts in all ages and couu- and under all forms of government. And it is not strange that there should be, among 300,000 per- sons, a very considerable number who, from a want of informa- tion, or of sufficient reflection, or from dispositions unfavorable to candid inquiry, may be too easily deceived, and brought to unite,, for a time, in measures which they would not and could not ap- prove of, if the truth could be brought clearly under their view. But in respect to our fellow subjects in Upper Canada, speaking of them collectively as a people, we do them sincerely the justice to believe, that it is not necessary to conciliate their good will by overlooking, upon any occasion, the broadly marked distinctions between truth and intentional mistatemeot, between honor and dishonor, patriotism and sedition. Upon the manner in which His Majesty's government might choose to notice the petitions of any number of the inhabitants of this Pro-v vince upon public or private grievances, expressed, as we must cone' would be, in the ordinary language of serious re- monstrance or complaint, it would be presumptuous in us to offer any remark : but the documents before us are the productions of dividual, supplied and reasoned upon as matters of informa- npon the general policy of this government, and the conduct 5rs; and they consist, ia a great measure, of extracts from articles that have, from time to time, appeared in the columns of a newspaper, and which cast unmerited insults upon the repre- sentative of His Majesty in this Province, upon both branches of o members of each House individually and by name, aud upon some of the most worthy and irreproachable hi- nts of the country. These strung together with little order or connection, and bearing upon the face of them the most palpa- ble marks of a reckless mind, have been unscrupulously thrown Government, in disregard of the respect due fo the high authority to which they were addressed, and in viola- tion of the official form and decorum which constitute ia general some protection ibuse. It has been painful to th ■ Legislative Council to see, that in a s documents, the office of Lieuten- L3 238 Address of ant Governor of this Province, and the names of some of the most responsible of the King's servants, are even hypothetical]? con- nected with imputations, which no one can easily tolerate to find associated with his name. We confess it has Eot been without some degree of alarm, that v.e have observed the great stress laid by His Majesty's Secretary of State, in the course of his discussions, upon the fact, that the petitioners, who, it seems, have supported by their signatures some of the statements advanced by .Mr. Mackenzie, are very much outnumbered by the signers ot petitions avowing opposite opinions. The Provinces of Canada are a most valuable portion of the Bri- tish Empire, and their rapidly growing importance well justifies rhe anxious interest, and the minute attention, with which the welfare and the wishes of their people are consulted by our pater- nal Government ; but for the sake of the very numerous popula- tion which now inhabits this portion of the King's dominions, and for the sake of the millions, who, at no distant period, will be comprehended within their limits, we earnestly hope, that the stability of those institutions upon which our social happiness de- pends, is so far secure, that there are some points which, from their vital importance, will be firmly and inflexibly maintained, and for reasons more satisfactory and conclusive than an acci- dental preponderance in the number of petitioners on one side or the other; and that the Government of our mother country will feel it to be an indispensible duty to uphold them with constancy against any unfounded prejudice or complaint, however supported. The Legislative Cor.ncil feel it right also in candour to declare to vour Excellency, that they have perceived in various parts of his Lordship's despatch, and not without extreme regret, that to the complaints urged against the Executive Government of this Co- lony, and its officers, charging them with actual misconduct, or with culpable indifference to the interest of the Colony and the happiness of its people, it seems to have been thought material, if not satisfactory, to reply in substance, that if indeed such im- putations could be truly made, no blame can attach to His Ma- jesty's Government in England, either because these abuses oc- curred in times that are past, or because the responsibility rest* wholly with the persons inculpated ; and in some instances a de- gree of color is given to the complaint, by an express direction to- your Excellency not to practise or to suffer any such abuse in future, or to give your utmost attention to the particular subject in discussion, which it might from thence be supposed has thus been brought, for the first time, under the attention of His Ma- jesty's Government. The Legislative Council trust they may be permitted to re- mark, that if the many faithful subjects of His Majesty in this coun- try, whose knowledge of the truth, and whose sentiments led them justly to appreciate the acts and intentions of His Majesty's Gov- ernment, had always contented themselves with vindicating them in the same sn:rit against aspersions unsupported by evidence, and advanced for tie role purpose of weakening the respect which shnu'd be felt for them, there might have been found somewhat Jess ifidence in th( ment of the Mother Country, which Legislative Council. 23$* eyory good man has felt it to be his duty to maintain and cherish. And they cannot but think it much to he dqplored, that on some most interesting public questions, whatever the Government and the Legislature of this Colony have done, and are doing, in the zealous discharge of their duty, seems to have been unfortunately 1'or the time lost sight of, so much as to leave ground for the inference, that it was necessary to quicken attention even to the obvious duty of promoting the religious and moral instruction of the people, by en- forcing the suggestions of an individual, who unhappily employs the education he has received in misleading public opinion, and in sow- ing discontent among a happy and loyal people. We have not failed to remark, that in the observations which His Majesty's Se- cretary of State has made upon the subject of the Legislative Coun- cil, it seems not to have been present, at the moment, to his Lord- ship's recollection, although it must, of course, have been familiarly known to his Lordship, that that branch of the Legislature is not composed here, as in many chartered governments, of the same body which constitutes the Executive Council of the Governor. — It is therefore, as we most respectfully suggest, not accurately spo- ken of as a Board, being in fact a deliberate assembJ} T , distinct from the Executive department, constituted by a British Act of Parlia- ment, and composed of members from various districts of the Pro- vince who hold their office for life, whose duties are exclusively Le- gislative, and in which all that is done is openly and publicly dis- cussed, and proceeded in according to the same formalities as are observed in the representative branch of the Legislature. Lender this constitution which created and preserves then an independent body, the Legislative Council has, for a long series of years, and for many successive parliaments, proceeded in a spirit of perfect har- mony with the House of Assembly, with but one interruption, occa- sioned by a discussion on a point of privilege, in which each branch doubtless maintained those principles which it thought essential to its just independence. However different may have been the opinions formed in the two Houses upon the principles or details of particular measures, neither has manifested the inclination to deny to the other the free exercise of their judgment upon all questions, and they have constantly pro- ceeded in a spirit of cordial co-operation in the advancement of objects and undertakings, by the aid of which this Province is mak- ing the most rapid and satisfactory progress, and is attaining to great importance as an agricultural and commercial country. It is the very intention of our constitution that the several branches of the Legislature should act as mutual checks upon each other, in order to prevent the too hasty adoption of measures of doubtful ex- pediency ; but when this check is interposed and felt, it is not un- likely to happen that persons of impatient and impetuous tempers lDok thenceforward with an unfavourable eye upon the barrier which obstructs the fulfilment of their wishes, and exert unscrupulously every effort to undermine or overturn it. For a just and steady support against every such attempt, the Legislative Council had always relied with a natural nnd habitual confidence upon the consideration and prudence of the Parent State ; but they confess with pain that this confidence was in some degree impaired when they found a committee of the House o£ 240 Address of Common-, a few years ago, in the cour.-e ofai into the af- faires of' the Province of Canada, proposing to buch individuals as happened to be at band a variety of apparently framed for the very purpose of drawing 'for* with the manner in whicl Native Councils were constitut- ed, and really pressing upon them, ai . to give a sanction by their voice to the opinio:!, that the Councils should he rendered tive, a change which we ore convinced no portion of the pec, this province had even to that moment contemplated, and which we venture to say is one of the very la ch any friend to the best interests of the.- ire to see adopted. To lead, however, to this conclusion, a variety of questions were proposed relative to the conduct of the Councils in r ing or amending bills, and these were : to individuals in no measure responsible for the acts of the Council, nor cc lent in any degree to account for or explain them. It could not be otherwise than that, by such a proceeding, an injury must be inflicted upon the character of the Comic which its efficiency might be more o certainly not to be desired, and of whicl more painful to tins Council from the consciousness that no cone! to their prejudice would have been did men, after that explanation of their proceedings, \ them intelligible, and which . icting the en- quiry were wholly without. The Legislative Council feel it nect after perusing the to declare, wi h ointment and regret they perceive that in an official cdmmunicati public, and which has been elicited by the i 'pre- sentation;, alluded to, His Lor ry to make expre;< and particular reference to aal members o£ the Council, commenting sion to v they belong, declaring the line of cond Government has enjoined they continue I members, and intimating His Loi that they «hould resign th« lu respect to that part which the mc : to shall take in the measures and deliberatio Cuun- eil, it is well known to the Coi less called for than the injunctiofl whicl annouueed, and it is much to be re . >n cf this injunction upon such an occasion, and in such a I should now render it difficult fi to persen ere in a hue of conduct in own inclination and conveni- ence had led them, but which they could not f have consented to adopt either upon con or upon any other suggestion than that of their own judgment. "The CouDcil takes this occasion to remonstrate respectfi L; 241 ■ - i T ! . the I. _ - Province. . E honour of . of it Th in on ! I men. . be c. 5 appoint- ed to the Conn - - - ten ■ »r that he sb respi - Tl: tary of £ Despatch that M Hum: had c >pioion ice c : i I . - it the the ;. - the f - . - reco:: discr-: it it. It justi;' Bog -. - id on earth \ they enjoy a . ptic i from burthens whet: ; >. ci >ei who a: - ot' Upper ' happiness must be. 01 12 Address op The Legislative Council, after a perusal of this despatch of His Majesty's Secretary of State, has thus frankly expressed to Excellency tiiose sentiments which, if they had forborne to give them utterance, must, nevertheless, have remained impressed up- on their minds. It is iheir earnest hope that they will not be thought to have departed on this occasion of unusual delicacy, from that respect to his Majesty's Government of which they are con- scious that the Legislative Council has never been unmindful. — They do not entertain the thought that a Minister of the Crown can ever apply himself to the affairs of this colonywith any other wish or intention than to do good, and they recognise in the \o!u- minou3 despatch which has been placed before them the most anx- ious desire to place in their true point of view some questions to which the auction of His Majesty's Government had been called, not merely, as the Council is aware, by the representations of an individual, but by the petitions of a number of His Majesty's subjects in this Province. For the desire thus shown, the Legislative Coun- cil can :ot be otherwise than thankful ; and they lament the more, that in a document in which an anxiety to allay prejudice is, on the whole, so manifest, occasion should have been given for the expres- sion of deep regret at the impressions which some of its passages are calculated to produce. The Council, with the greatest defer- ence to His Majesty's Government, beg further to add, that although they are far from thinking that no importance should be attached to the respectability of the source from whence information upon the public affairs of this colony, or the conduct of its government, iq Bought and devised, yet, with respect to various opinions express- ed, it would have seemed to the Council to evince a departure from all former usages, almost equally to be regretted, to have found His Majesty's Government involved in public discussions upon the com- position and proceedings of the Legislative Assemblies of this co- lony, in consequence of the representations of any one of its most respectable inhabitants. Your Excellency having transmitted to the Legislative Council the despatch and documents referred to, as the only method which we feel could have been consistent with the dignity of the govern- ment for giving to them the publicity required by His Majesty's Minister, we have thought it the more regular and respectful course to address to your Excellency our unanimous sentiments upon them under the expectation, however, that your Excellency will deem it proper to transmit a copy of this Address to His Majesty's Secre- tary of State for the Colonies. Legislative Council Chamber, ) 2nd day of February, 1833. \ JOHN B. ROBINSON, Speaker. To His Excellency Str John Coleorxc, J\ night Commander of the most Honorable MilHtary Order of the JBath, Lieutenant Governor of the House of Assembly. 243 Province of Upper Canada, Major General Commanding His Majesty's Forces therein, Sfc. May it please Your Excellency: We, His Majesty's dutiful and loyal subjects* the Common* of Upper Canada, in Provincial Parliament assembled, return our thanks for Your Excellency's Message of the twelfth clay of Janu- ary last, transmitting" a Despatch of the Right lion, the Secretary of State for the Colonies, in answer to certain letters and docu- ments addressed to his Lordship for the purpose of proving that the peopie of this happy and prosperous Colony are oppressed and bur- fchened with grievances, and have become so discontented, that there is danger of revolt and bloodshed, unless those alleged bur- thens and grieva ices are removed and redressed. We most readdy concede that the Noble Secretary of State wag actuated by the best motives in framing the Despatch in question ; but we cannot refrain from expressing our great regret, that it did not occur to his Lordship, that allegations thus deeply affecting the character of His Majesty's subjects of Upper Canada, rested on no better testimony than that of an individual who had been twice ex- pelled this House, and who, in consequence of his having fabricated and reiterated libels of the grossest description, had been declared unfit and unworthy a seat in the Assembly during the present Par- liament. If this fact had occurred to his Lordship, it is reasonable to suppose that he would not have felt himself at liberty to recog- nise the author of this additional calumny on the people of this Province, as the Agent, or as speaking the sentiments of any por- tion of the loyal inhabitants of the Province of Upper Canada ; and would, therefore, have consideretl it utterly unnecessary to enter into so elaborate an examination or refutation of any thing advanced by him. The House of Assembly are unwilling to occupy Your Excel- lency's time or^attention by commenting on the details of the des- patch, or on the different matters referred to in it, as constituting grounds of complaint on the part of a few of the people of this- Province ; they will merely remark, that the remedy for any ills alleged to exist, is placed in the hands and is within the constitu- tional power of the Legislature of the Colony, and the Noble :^ary of State does the people of thii I tee but justice in believing " that there are no people on earth who are less likely to yield to the unmanly weakness of despairing of the public good, and of betraying their most sacred duties in a pusillanimous spirit.'* Acting upon principles and feelings diametrically opposite to those imputed to them, we are confident that they .vill take care to exercise their rights as freemen and British subjects in such a man- ner as will ensure the election of representatives, who will main- tain our ex< '' " "' ' trd our rights, and with the con- currence of the other branches of the Legislature, adopt such mea- sures as may appear necessary for removing any just grounds of complaint. [Signed] ARCH. McLEAN, Speaker. Commons House of Assembly, ) Oih day of February, 1833. £ 244 Addresses. No. 81. C Address to His Majesty from the inhabitants of Lennox and Addingtun. To the King's most Excellent Majesty, Most Gracious Sovereign : We, Your Majesty's dutiful and loyal subjects, inhabitants of the counties of Lennox and Addington, in the Mid- land District, and Province of Upper Canada, beg leave humbly and respectfully to tender our most hearty and sincere thanks to Your Majesty, for the consideration which Your Majesty has been pleased to bestow upon the representations and petitions of Your Majesty's subjects in this Province, as evinced by the despatch of Lord Goderich, Your Majesty's Secretary of State for the Colo- nies, dated 8th November, 1832, and transmitted by His Excellen- cy the Lieutenant Governor Sir John Colborne, to the House of Assembly, during the recent session of our Provincial Parliament. Trusting, as we do, that the paternal care manifested in that despatch, and a free, unrestrained and direct communication between Your Majesty's Government and the people of Upper Canada, will be the means of perpetuating the bonds of loyalty, affection and gratitude which bind us to Your Majesty's person and government, and believing that the various measures of reform mentioned in the despatbh, many of which have long been most anxiously desired by a large majority of the people of this Province, if adopted, cannot fail to render Your Majesty's faithful subjects more prosperous, contented and happy. (Signed) HENRY LASHER, (And 1604 other signatures.) No. 82. Address to II ls Majesty from the inhabitants of Cobourg, To the King's Most Excellent Majesty, May it please Your Majesty : We Your Majesty's dutiful and loyal subjects of the Town of Cobourg and its vicinity, beg leave to renew the pledges of our fidelity and loyal attachment to Your Majesty's person and government, and to express oar unfeigned gratitude for the interest Your Majesty his always taken in the welfare of this Province, and especially for Your Majesty's benevolent con- currence in the liber dons contained in the despatch of Your Majesty's < ' ■ :tary, the Right Honorable Lord Viscount Goderich, bearing iate the 'last. Grievances in Upper Canada. 543 It has occasioned no less surprise than regret, that thiswise ni J conciliatory act of Your Majesty's Government, which reflects the highest honor on their justice and liberality, and which has called forth the grateful feelings of Your Majesty's loyal subjects in Up- per Canada', has not been met with corresponding sentiments by our local legislature. We owe it to iTour Majesty, and to Your Majesty's Govern- ment, as well as to ourselves, to give our unhesitating assurance, that the sentiments of gratitude thus conveyed are in common with those ot the great body of the people, and that Your Majes- ty's condescending kindness has thereby strengthened the bond which unites both countries together. That Y r our Majesty will continue to pay a paternal regard to the just complaints of Your Majesty's Canadian subjects, and that Your Majesty's Government will always consult the prospe- rity and happiness of the province we confidently anticipate ; and we pray that Your Majesty may long reign over a prosperous, happy and united people. (Signed) GEO. BOSWELL, (And 595 other signatures.) No. 83. tapper Caiiada JLegmlaiurk. RE TURN to an Address to His Mhj&ty, dated 6 Feb. 1833 i— for, RETURNS of the Names of the Members of the Legisla- tive and Executive Councils and House of Assembly of Upper and Lower Canada, on the 1st July 1832 ; stat- ing the various Offices, Employments and Public Situations each of them held under the British and Colonial Govern- ments, Clerical and Lay ; with an Account of the Pay, the Salaries, the Allowances and the Amount of all Fee3 or other Emoluments received by each for each Office; show- ing also, whether any, and if so. what Half-pay, Pension, Superanuated or Retired Allowance each receives, and for what Office or Situation, and the Aggregate Amount received by each in the year for all sueh offices or Employments ; and stating the dates of Appointment to each Office, Emp]6}'ment and Situation, the Authority by which appointed, and the Tenure by which held; also, whether there are any duties to be performed, and whether the duties of those Offices are performed wholly in Person or by Deputy or Deputies, and what Pav, Allowance, Fees or Emoluments each of inch M2 246 Return. Deputies receives, and whether paid by the Principa *he Office or by the Government or other Funds, or by Fops, and how much by each ; showing also from what Funds, British or &olonial, any and all of tho Pay, Pen- sion, Superannuated or other Allowances and Emoluments are paid : — Also, A Return of all Grants of Land or other Public Property made at any time by the British Govern-, raent, or the Governments of Upper and Lower Canada, to any of the Members of those Councils or Houses of Assembly, or to any of their children, stating the date and extent of each such Grant. A RETURN of the Titles of all Bills of a Public or General character, which, having originated in the Houses of Assembly of Upper and Lower Canada during any of their ten last Legislative Sessions, were rejected or declined to be acted upon by the Legislative Councils of those Colo- nies; or which, having been so sent up, were altered by the Legislative Councils so as to cause their subsequent re- jection in the House whence they originated ; or which having originated in, and been passed by the Legislative Council, were afterwards rejected by the Assembly ; stating also the Titles of any Bills, which having been passed in the Legislative Council and Assembly of either Prov- ince have been refused His Majesty's Sanction. (SO FAR AS RELATES TO UPPER CANADA.) R, W. HAY Colonial Department, Downing Street, ) 1 June, 1833. j (Mr. Hume.) Ordered, by the House of Commons* to be Printed, 25 June, 1833. LIST. 1,—Letter from Lieutenant Governor Sir John Colborne to the Right Hon. Lord Viscount Godench, dated 28 March, 1833. 2, — A Return of the Names of the Members of the Legis- lative and Executive Councils and House of Assembly, Return 247 the 1st oi July, 1882, stating t lie various Offices, Em ployments.and Public Situations cadi of them held under the British and Colonial Governments. 3. — List of the Titles of all Bills of a Public or General character, which, having originated in the House oi' As- sembly during the ten last Legislative Sessions, were rejected or declined to be acted upon by the Legislative Council so as to cause their subsequent rejection in the House whence they originated ; or winch having origi- nated in, and been passed by the Legislative Council, were afterwards rejected by the Assembly: — Also, oi the Titles of Bills, which having been passed in the Le- gislative Council and Assembly have been refused His Majesty's sanction. Upper Caamda Legislature. (1.) — Letter from Lieutenant Governor .^ir John Colborn to the Right Hon. Viscount Goderick. Upper Canada, York, 28th March, 1833. My Lord. With reference to Your Lordships Despatch of the 20th August last, I have the honour to forward the ac- companying Returns, containing the information requested in the Address to the King from the House of Commons on the 10th of August; and to observe, that in consequence of the delay experienced in procuring- a statement from each Mem- ber of the Legislative Council and of the House of Assem- bly, of the grants of land received from His Majesty's Gov- ernment, this document could not be sooner prepared. 1 have, &c. (Signed) J. COLBORNE, The Right Hon. Lord Viscount Godekicii, &c. <&,c. &c. o. 8 RliTi:HN UELATiSt; TO THE (2.) A Retuhw of the Members of the Legislative and duly, 18o2, stating the various Offices, Employments and Co! 1 Account of Amount of Offices, employments and Uie pay, sola- Hall' Pay, | : [auces, and a- uiei i ii unl ■ i) Public Situations Clerical am! Lay, held by each member. '.^-regale a- 1 if or A P v.aint:,e .'^ ;0 ' , " Legislative and Executive councii lou3. land other for ail >• ln> e > Imolumci ts w ; ' SOoUSS! 1815 1824 7 Apl.1831 1 Jan. 1829 1830 1820 3MaiJ811 COI IfClLS AND AiSLMLU.Y OF feJpPEB, CANADA. "2 i\f Executive Councils and House of Assembly on the 1st Public Situations ; each of them held under tht British and. Government. j Amount ot 1 ay. A SHtonem of all Grams of Land .ranees, Fees 01 Proper!* r-cc.ved at Whether there are gj™«™ej»s. ea ™|any I me from lie Eritsb Govprnment, r bv the Govcinmtuts of l_ and the Tenure bv b.-uied, and whet her' £ lie,Uer 1 pn '-,,'- . -l' T Loner Canada, to himself or anj of which each appoint- performed wholii Principal of the Of- bi . cbildreu . wifll the dale and eitcnt ■BBtii held. Person, or by Depu •ty or Peputres. tice, or by the Go- oj SBChgwlt . vernment or other iFundi, British Colonial. Date of G. 8ir G. Drummond Various duties, Ills MaJBBty'fl Performed in per- uiandamu*. Jiis Itajesty, 13 Julv 1797 vm 1795 1798 1794 1802 1808 1822 1815 ajestj'l Gran TC.D.foWeH, s'i 10 Feb. 1 1 Dec. , 1 May 17S8 23 D. Powell, j'ri 1 Mar. . 27 Mav ?»fif? Ann Powell.: Mr.Gract Pov.eii.. z.PowellJ MisBiLB.PoweU] Mr. Je^ Powell, ; Mr. Thos-PowellJ Mr. Jojin Powell.- 2 Dec. 3 Aug. 10 . . 9 Jan. 1 Mav Powell, 24 Sep. J v hu Powell, ' 20 J one Various du^c= : performed in per- son tts. Majesty, Hjc Majesty's mandamus, Sir P. Maitland, His Majesty's mandamus, Bir P. Maitland, Various duties ; Ditto, J performed in per- [son. Ditto, K;? Majesty's Various duties ; -formed in per a and jtssisteo greit seal of tbefbj deputy. Province, * Tow* L j L803 179" J 799 JtOI 1798! 1822 1:23 1* 100 6.0 2.414J 1,200 | M| J 400 ) 800 1.000 h 2.000 300 1 POO eoo 700 l 200 40 560 400 1.200 1.200 1.200 1.200 I 1.200 ! um t ; EOO 800 j 1.200 ; i £00 1,200 i 2,000 1.200 1G ; C03 £150,by warrantJ Jan. 1803 1,-200 put of the Pterin o Oct. 1825 100 Eiaj ruud. 9 July 1832' 700 800 2,001 3,202 1,200 2,800 250 Return relating to the ! Pen )9cen, employ neat sa . I Icrii al|m< uni "i ;•■ or retii and Lav, held by each! and other e-jlowances, & year (or Hil'ernpkijuieut offices or em joi situation Member. inoln received by I lice or lilua-jploymentti each officii. Leg. Sc Executive Councillors — con'd. G 11. Maryland, 'Executive Councillor) Registrar Kings Col '!.-•, - - tary &. Receiver [Glergy Corporation. Secret ary & Treasurer JBoard of Education. John H. Dunn. Receiver General, - William Allan, Win. Campbell. Peter Robiiibon, Charle* Jones, -i Late Chief Justice, Commissioner of Crown Lands, Executive Councillor Purveyor General of Wood's, - £ s. d J £ s 100 .. ..' 133 .. ..; 135 . 90 .. d. I £ e. d. | 5SeJ^ ; i 160 i James' Gordon, -J JohnB. Rcbinsoi:;Chief Justice of tlu ! Province, (Speaker of the Lcg;s lative Council, Alex. M'DonfceH, [inspector of Shop,) Still and Tavern hi- > cences, H. District, S 'Late Asiis'aut Secre- jtary, Indian Depart ;me'ut, D. C. - Z Burnham, - John Elmeley, - EJseeutive Councillor Reduced Lieut. Royal Navy, A. Baldwin, - - - Jno. H. Hamilton! - Walter Bos well, ! Commissioner on Half jPay, RoynlNavy, - Peter Adamson, I Reduced Major," - aiues Kerbv, -j Reduced Major, Incor jporated Militia, U. C John Kerby, - -J - James Crooks, -I - - 500 100 500 1200 sterJ'g 1300 .. ..! I 360 . ..j 90 p' cent! 31 7 A fees. l.OeOsteg. -Apr*20 1,200 1 17 Oct 1525 ; f 1--7 1,100 I 83 3 i) 91 5 1,800 ste'g COG 11 \\i Sterlin. ("July 1829 Oct M28 130 173 173 7 6 ..June *16 - 90 Sep 'CO 91 5 ..ill Aug '21 130 .. .. 173 7 01 173 7 f 1814 Alex. M"Donnell Alexander Grant Arthur Lloydj Bishop of Regiopobt;. 000 idz< Councils and Assembly of UfpEU Canada. j Ij\ Amount of Pay, I. Statement of all Grams of I. md Allowances, Fees or « rty received m Whether there are Emoluments each anj time Ira ithe'Bwtish Government, any Dutie.i to be per- Deputy receii ■ indloi > ■. intents >>t Uppei or and the Tenure by form ■• I ria . to tumsell or any of .■h each appoi triioll) injprincipal of the offlceihis children, with the dale airfl axiest by the p>\ ern- of duch grant. ment or othei I'und British 01 v ilon tl Authority : _j>02in pei ment is held. Person, or by Depn Ity or Deputies . BisMajesty, - Lieut. Governor - - Ditto - - - Ditto - Under Great Seal of England, Date of Grant tyo Various duties performed in pet [bob Duties performed in person. T)i8 King, under Various duties, the Sigh Manual, [performed in per- [cion.j By Commission under f tie Great Seal of the Prov- ince, Colonial Acts, - Commander of the Forces, U- C. His Majesty's mandamus, Admiralty, Tiords Commis sianfers of the Ad- [miraltj Duties performed in person. Duties performed! in person, Duty perform? n person, Tteeommendation of the British Go- vernment- Ap- pointment of the See of Home, ■'■■■■ W. Oct 1810 28 Fob. 1818 5 May 1819 1 .. 1817 1801 12 Nov 1812 16 Jan 18 Id 12 July 1320 16 Feb 1S0S 9 July 1802 1818 1S21 1313 1621 1784 Duty for some £500 from U- C years performed Government, out in person, of Canada Com- pany's Funds ; 100/. from the Go- vernment of Low ;r Canada, 180S 1824 1318 29 Oct 1824 11 Nov 180G. his wife 1802 1827 1320 2-5 200 400 2-5 600 600 1 .000 1,200 tfOO 1 800 1,000 200 800 600 500 200 1,000 500 2,000 1 100 1 400 300 1,200 1,000 200 1,000 1,200 1,000 200 1,200 800 1 1-4 170 200 1,200 1,200 200 1,200 . 2,200 1,200 > 1,001 £2,003 h.ioo > 1,700 >2,10? TOO 1,200 1 1,200 ' 1,000 ! 2,200 200 ^2,37li ' 2.400 200 1,200 252 Return relating to the Account on Amount of the pay , snla | Half pay, |ry and al low- 1 pension, si Offices, Employments, aiid.auce.vand a-! perai.unled amount re- Ipointmeut to Public Situations^ Clerical mounlof leesior retired a! jceived in thei each office. Aggregate j Date of Ap- and La\, he! J by each Member. nd other e lowa.ice, and jear for ?!! lempfojroent moltinients ■ for what of- , offices or o"r situation received byficeor situa 'employments] each officer, lion. M- M- Howard, Thomas ilorner W. B Jams. Hsniy Junea. scit's and A89J&314M op Upper Canada. Avl'«orilv; I Pay,] A Stat ■ ea< lily Duties . . I extent performe< r by i I . ■' - - - - Pfuvjnce . - pal, P - D y I » I 3 : . ?eb; V .. - - arm : One Deptrty a f annain rtv/o rect f their" i IP, fi . Lieutenant Gov- ernor H . ;■ i' . | . - _ ■ ■ puty. - ■ DO 'J i 600 5 1,000 200 ; 200 : ] 20 ) S90 509 -;• ] ] too -.-• I s.coo 6oo 5,200 COO 200 £00 2,000 1,400 SOO 1,009 609 GrefctSeal of :' - te eiriblu-i Dej ur < Beral.of British North Araerioa- :bs*nce [The clerk re- * rlcei rc -i - ,'ormH !>yac!ork I emoluments re-] cd by Piinci-j pal. | N2 June 3fi2f»! 500 500 254 Returns rei.aT(ng to the NAME. 1 Offices, employments »«J Public Situations, Clfiical and Lay, ktiil by each member. Account oil Like pa\ , sain ! r.v and allow- ances, and a- mount st' fees and other e- looiuments received by each officer. £ 8. d. Amount oft Half Va>, 1 Pension su- Aggregate a ^erannuateri mount recti- >r retired al- »ed in the lowance, and year lor all for what of-' Offices aud (ice or situa Eiiiolun.enls. lion. Daea of k p- pomiui.ut Co each office, Employment or Siiuiit.u^. Members of Assembly— con'd. X. B - d.\ X. a. J. Jesse Ketchum, - - • • - - . . JobnB Lewis. ' ' James Lyon, - :\o Return - - i - • - - Duncan M-Call, - - - * . . ! . . Arehd. M-Dor.ald . ■ ' - - - - Donald ATDonald Treasurer Ottawa District, i ma Auch'd M'Lean, Speaker, House of Assembly, Registrar, Stormont & Dundas, Registrar, Surrogate Court, Clerk 'of the Peace, 180 .. .. 74 14 5, 17 8 .. im 3 a - j-5rJ2 1 1| 127 15 ..1 J - - >' [•■ { lOFeb'lT 13 Apr. Alex. M'Martin, Postmaster, . 6 10 .'. - , 8 10 .'. I89S Allan M'A'ab, ! .-[... « . Jean E- Macon. - - • • . William Morria, ■ • • RoBvvell Mount, - - . . * Wrii. H. Memtt, Collector of Customs, • 100 .. .. V j ! * * Deputy Postmaster, St. Catharines ■ • 50 .. .. V- - : 150 .. .. i 1. . Hiram Norton, s : - " • e Peter Perry, : . . ' " - ■ - j , . . . Hamnet Pinhoy, - - - '• • \ • • ' - Robert Randall, 1 - ■•[■•■ ' ' W:i> B.Robinson i • - 1* . . • . . John P. Roblin, ! " * ■ i . - - 1 " * ' * James H-Saiiibor 1 - - - 1 * * • • Absalom Shade, iDeputy Postmaster, I i is la . . j 12 10 . - 1824 Pcler Shaver, 1 : '"' Councils and Assembly of Upper Canada. 255 Whether "Ik-it ar? Autr">r>'j ; mj Dalies tu tnd the Teuurc Amount of Pay. ^ suaemntoCn Grants ol Lard • - (•■. ,:,r l-.-i'Tlr rrroivrj at fanolaaeW « racl. l)D . e |>on , |he HrStnl, Gover.iine*', er . Deputy receive., A or ( U) , a „ nnmuA of D ih-r ?b*°»«J»'? . J > U, r Lower Canada, to himfetl or UJ .- ^■ticb «irr .. i.i •■•-« — . „ 'ini cunaren, Date of Grant <. >'o.of acres | Total 1804' 200 ♦09 BOO ]0 J I 811 Br me July performed (Deputy receives the District at (!>• '';■ Deputy, ulll'eeo- Gsneral Quarter ! of tjia Peace • I Lieutenant IBy Deputy du iri.-ig absence ei . Principal! C Deputy Co Stor-j i moot, ToO per j j annum, ; Deputy for Dun-' | |das, half gross re-j i ceipts,paid wkoHyt 1 by Principal^ ' j Deputy Po»tuias~ 4 Dn " B * * e ab_ Bep**? receives; **r GeueraL jaence ol Principaljtlie per centage in ; [duty is performed;full| Deputy. 3819 ten 1823 1511 131 July 1817 i.-i Dec. 18^0 f J< F>2? Lieutenant Gov- Duties wholly jThe Deputies re- 19 Feb. 1816] [performed by De ceive all the emo- Deputy Poatsras-;P atics ' jlumente arising ! •er General, fromtbemscharge; •of thair duuw. i ' : 800 €00 890 309 set 1,40* 50C *0# 400 400 ,000 MM 500 500 200 ■) e*>0 1813 or 1820] 33 Feb. 1509; 3 Dec. 1829 18L»9 f Terruty to^Blfr ! By Deputy dnrrogjDepuiy recei p.t General, ^ah-ence of the r^ll emolument 'Principal, __jvee molumenti. 1833 1800 1830 1,000 1,000 90* 200 son > soo » LOW 1.0M » 256 Returns relating to the I Account of* Amount ofi DflScen, employmc .>n*nt to lu'ations, Clencall mount of fee? or retu- rn J Lay, held by eac . . <£. yp-ir lor ail j employment Member. ;ion. Hugh C Thomson Depot; I CO . P. Vankoughnett,' Asa Werdcn, Reuben White, John Wlllson, Inspector of Shop. Still l& Innkeepers' Licen ' ce=>, Wm- Wilson, - 54 a. x £0 April 1318 Sach Member of the House of Assembly i: alio .ved the si Councils and Assembly or Upper Canada. 267 .■ there are Authority; tie per red. an-i whether woirb c-\ .scl.il' r T.aud . ceiTt I -'- Ibe British Go-. I I Lbc date and extent (Jrant . jiy or Deputies. Clerk of the Cro'.vn, IPnty performed in persoa, !8!5 1817 1819 13 Mar. 3 Sep. j Dec. i8ie 200 200 1 200 1 500 L.eutcr.ar. 1 Duty performed 1 in person, 1806 1818 1 \\ 2ft« i '. 200 \ 402 701 400 if., r«r taj rotary 258 Titles of Bill? (3 )— LIST of the Titles of all Bills of a Public cr^Generrtl cha- racter, which, having originated in the Hou?e of Assembly during the Ten last Legislative Sessions, were rejected or declined to be acted upon by the Legislative Council or which having been so sent up, were altered by the Legisla- tive Council, so as to cause their subsequent rejection in the Hjuse whence they originated ; or which having originated, in, and been passed by the Legislative Council, were after- wards rejected by the Assembly; also of the Titles of Bills which, having been passed in the Legislative Council and Assembly, have been refused His Majesty's Sanction. Fourth Session, Eighth, Provliciai Parliament. (1624.; Titles of Bills originated in the House of Assembly, and rejected by the Legislative Council, or declined to be acted upon by that House : An Act to repeal pare of, and to amend an Act passed in the 50th year of the reign of his late Majesty George the Third, intituied, " As Act for granting to His Majesty a duty on Bilii;ird Tables." An Act to divide the county of Haltcn, in the Gore District. An Act to repeal the 15th clause of an Act passed in the MS::h year of his late Majesty's reign, intituled, "An Act for the b^uer division of this Prrvmce, and io declare the counties of Lennox and Addington separate and independent Counties. " An Act to confirm certain Marriages in this Province. An Act to authorize Ministers of the Society of Method ists to solemnize marriage in this Province. An Act to provide fur the erection of the county of Prince Ed- ward into a separate District; and for other purposes therein men- tioned. An Act to amend the laws now in force respecting the Courts of Probate, and Surrogate Courts in this Province. An Act to repeal part of the sixth clause of an Act passed in the second year of His Majesty's reign, chapter third, and also part of the 23a clause of vv Act passed in the 38th year of his late Ma- jesty's reign, intituled, " An Act for the betterdivision of the Pro- vince, and to provide for the better division of the District of New- castle." An Act to repeal an Act passed in the 44th year of the reign of His late Majesty George the Third, intituled, "An Act for the bet- ter securing this Province against, all seditious attempts or designs to disturb the tranquillity thereof." An Act to rcp_u.i part zf and extend the provisions of an Act pissed in the 33th year of his late Majesty's reign, intituled, M An Act to ascertain and establish on a permanent foo'ing the boundary lines of the different Townships of the Province." Titles of Bills originated in the House of Assembly, but afterwards r -i ;t -cl by that House, by reason of amendments made to them hy the Legislative Council : An Act to repeal the Laws now in force for the preservation of AttRESTED IN TUEIIl PltOGRF.gtf. 259 ihe Salmon Fishery ia this Province, and to make more effectual provision fur a limited time, for the preservation of the said Fishery. Titles of Bills originated and passed in the Legislative Council, and rejected by the House of Assembly : An Act to repeal an Act of Parliament made in England in the 21st year of the reign of his late Majesty King James the First, in- tituled, " An Act to prevent the destroying and murthering of Bas- tard Children," and to make other provisions in lieu thereof. An Act to make further provision for settling the affairs of tha pretended Bank of Upper Canada. Titles of Bills passed by the Legislative Council and House of As- sembly, from which the Royal Assent was withheld : None, First Session, Ninth Provincial Parliament, (1825.) Titles of Bills originated in the House of Assembly and rejected by the Legislative Council, or declined to be acted upon by that House : An Act to extend to Persons charged with Felony the full benefit of Counsel. An Act to authorize the Governor, Lieutenant-governor, or per- son administering the Government, to declare, by proclamation, the- county of Prince Edward to be a separate District. An Act to remove certain disabilities affecting Unitas Fratrum, or the United Brethren, Quakers, Menonists, Tunkers and Mora- vians, so far as to enable them to hold places of trust and profit in this Province. An Act to incorporate sundry persons under the style and title ofTthe Trustees of the Waterloo School-house, in the township of Kingston. An Act to repeal an Act passed in the 44th year of his late Ma- jesty's reign, Chap. 1. intitled, "An Act for the better securing this Province against all seditious attempts or designs to disturb the tranquillity thereof." An Act to enable certain ReIig ; ous Societies to hold Lands for the purposes therein mentioned. An Act to provide for the payment of Wages to Representatives of Towns in this Province. An Act granting to His Majesty a sum of Money in aid of tho Funds for defraying the expense of the Administration of Justice, and support of the Civil Government of this Province. Titles of Bills originated in the House of Assembly, but after- wards rejected by that House, by reason of amendments made to them by the Legislative Council : / None. / •260 Titles of Bills Title* of Bills originated and passed in the Legislative Council, and rejected by the House of Asseuil An Act to repeal the several Laws now in force relating to tha late pretended Bank of Upper Canada, and to make further pro- vision for settling the ciTaira of that institution. Titlcs of Bills passed by the L^gic-iative Council and House of Aa'senibiy, from which the Royal Assent was withheld : An Act to alter and amend the La^vs now in force for regulating Che Commercial Intercourse between this Provinceand the L States, by land or inland navigation, and to make further provision for the same. An Act to allow of the evidence of Quakers, Menonisfs, Tunkcra and Moravians or members of the Protestant Church, e " Uniias Fralrumf' jn criminal cases and proceedings. An Act to make perpetual an Act passed in the fourth year of t-is present Majesty's reign j intituled " An Act granting to Hie Majesty a sum of money for the purposes therein mentioned." An Act for tli \iv, ird". Second Session, Ninth Provincial Parliament. fl82C>.> Titles of Bills originated in the House of Assembly rrr.i] rejected he Legislative Council or declined to be acted upon by thM House : An Act f-.r - , cried for Felony, the benefit full defence by Counsel. An Act to provide for the payment of the Representatives of Towns in this Province. An Act for the more equal distribution of the Property of p»r^ sons dying intestate. . An Act to remove certain disabilities affecting tfce people c Quakers, M Tankers, and Moravians, so far as to enable them to hold places of horfour and profit in this Province, An Act to provide for the erection of the County of Prince Ed- ward into a separate D.strict. An Act to secure to certain inhabitants of this Province fVhta and privileges as Britisjh subjects. An Act to provide for the arrest in this Province of certain of- fenders against the laws of the United States, and for their being delivered to the . , trities of the same. An Act to afford relief to Debtors in execution fcr debt in certain car.es. An Act to divide the Midland District, and erect the County of Princ; Edward i.-.toa separate District. An Act to grant to M.s Majesty a sum of monev for the purposes therein mentioned. ARRESTED IN THEIR PROGRESS. 261 Title* of Bills originated in the House of Assembly, but after, wards rejected by that House, by reason of amendments made to them by the Legislative Council : ' An Act to repeal an Act passed in the 44th year of his lata Ma- jesty's reign, Chap. 1, intituled, " An Act for the better securing iW Province against all seditious attempts or designs to disturb the tranquillity thereof. An Act to enable Societies professing Christianity to hold Lands for certain purposes. An Act to confirm and make valid certaicl Marriages heretofore contracted, and further to provide for the future solemnization o* Marriages within this Province. An Act to provide for the building a Goal and Court House in the District of Gore, and to authorize the Magistrates to loan a siim of money for that purpose. Titles of Bills originated and passed in the Legislative Council, and rejected by the House of Assembly : An Act to repeal the several Laws now in force relating to the 'lite preteuded Bank of Upper Canada, and to make further pro- vision for settling the affairs of the said institution. An Act to confirm and quiet in the possession of their Estates, and to admit to the civil rights of subjects, certain classes of per- sons therein mentioned. An Act to render Justices of the Peace more safe in the execu- tion of their duty. Titles of Bills passed by the Legislative Council and House of Assembly, from which the Royal Assent was withheld : None. Third Session, Ninth Provincial Parliament. (1S27; Titles of Bills originated in the House of Assembly and rejected by the Legislative Council, or declined to be acted upon by that House : An Act to allow persons tried for Felony the benefit of full de* fence by Counsel. An Act to enable Religious Societies to hold Lands for certain purposes. An Act to allow the same compensation to Members represent- ing Towns as is now allowed by law to the Representatives of Counties in this Province. An Act to provide for the erection of the County of Prince Ed- ward into a separate District. An Act for the more equal distribution of the property of persons dying Intestate. An Act to authorize the sale of the Clergv Reserves within this Province. 02 262 Titles of Bills An Act to authorize) the use of an Initial Letter In the nam? of a Deponent making an affidavit in any Court in this Province, when one baptismal name shall be given in full. An Act to authorize the holding the Courts of Oyer and Termi- ner, Assize, and Nisi Prius, ana Genenl Gaol Delivery, in the District of Ottawa. An Act to incorporate certain persons by the name of » The Bath School Society.' 1 An Act to authorize the holding of the inferior Courts in each County within this Province as therein mentioned. An Act to repeal pan of, and amend the Law in force for the regulation of Juries. An Act to confirm and make valid certain Marriages heretofore contracted, and further to provide for the future solemnization of Marriage within this Province. An Act to compel tho severa! proprietors of Lands adjacent to the principal highway leading through this Province, from the eas- tern to the western extremity thereof, to perform certain duties upon the said Road, or to place an inhabitant upon such lands with- in the period therein prescribed. An Act to repeal the Law now in force establishing District Courts in this Province, and to make further provision respecting District Courts. An Act to grant to His Majesty a certain sum of money for the purposes therein mentioned. Titles of Bills originated in the House of Assembly, but after- wards rejected by that House, by reason of amendments made to them by the Legislative Council : An Act to repeal an Act passed in the 44th year of his late Ma- jesty's reign, intituled, " An Act for the better securing this Prov- ince against all seditious attempts or designs to disturb the tran quility thereof." An Act to abolish the punishment of Whipping and Pillory. An Act to close the proceedings under an Act passed in the 54th year of his late Majesty's reign, intituled, "An Act to declare certain persons therein described Aliens, and to vest their estates- in Kis Majesty, after a limited period, and for other purposes there- in contained." Tvr *ss of Bills originated and passed in the Legislative CounciF, and rejected by the Assembly : None. Titles of Bills passed by the Legislative Council and House of Assembly, from which the Royal Assent was withheld : An Act to provide for the more easy recovery of Estrays. An Act to repeal part of an Act passed in the 4th year of Hia Present Majesty's reign, c. 5. intituled *' An Aet to diride rb«r County of Ca-rleton, in the Bktfcurst Di*tnot," ARRESTEE IW THEIR PROGRESS. 265 An Act to provide for the Naturalization of iuch persons resi- dent in this Prorince, at the period therein mentioned, as may not now be entitled by law to be regarded as natural born sub- jects of His Majesty. An Act to confirm British subjects in their titles to Real Es- tates in this Province, derived through Aliens. An Act to authorize the holding the inferior Courts in the dif- ferent Counties of this Province, where the same are not now by Uw holdem jFourth Session, Ninth Provincial Parliament. (182&.) Titles of Bills originated in the House of Assembly and rejec- ted by the Legislative Council, or declined to be acted upon by that House : An Act to repeal an Act passed in the 44t^i year of his late Majesty's reign, intituled, " An Act for the better securing this Province against all seditious attempts or designs to disturb the tranquility thereof." An Act for the more equal distribution of the Property of Persons dying Intestate. An Act allowiug persona tried for Felony the benefit of full defence by Counsel. An Act to repeal part of and amend the Law now in force fojr the regulation of Juries. An x\ct to alter the Law of Imprisonment for Debt. An Act to provide for a Police in the Town of Belle^iHe. An Act to erect the County of Prince Edward into a separate District. An Act to provide for the erection of the County of Norfolk into a separate District, and to re-annex the Townships of Wal- pole and Rainham to said County, and the better to establish the limits of said County. An Act to extend the limits of Gaols In this Province. An Act for the relief of Robert Randal, and to give to the Honourable John Walpole Willis certain powers therein men- tioned. An Act to enable the Canada Company the more conveniently to perfect Titles to Lands sold by them. Titles of Bills originated in the House of Assembly, bnt after- wards rejected by that House, by reasons of amendmeats made to them by the Legislative Council : An Act for the more easy recovery of Power. An Act to amend the Lavs respecting the appointment of Over- seers ol Highways and Pound Keepers. An A<-t to make valid certain Marriages heretofore contracted, and to provide for the fcUjwe »9ien>!Harc»tioj! of Matrimony in thi* 'Province, 261 Titles of JJills An Act to ascertain the numbers of the different Religion Denominations within this Province. Titles of Bills originated and passed by the Legislative Coun- cil, and rejected by the House of Assembly : An Act to enable Creditors to receive their just Debts out of the effects of their absent or absconding Debtors. ; An Act authorizing the formation ofMHilia Riffle Companies. An Act directing the proceedings against Forcible Entry and Detainer, and providing a more speedy remedy for Landlord* against obstinate Tenants. An Act to provide for the erection of Partition Fences, An Act to provide for the more summary punishment of cer- tain Trespassers. Titles of Bills passed by the Legislative Council and Hoius of Assembly, from which the Royal Assent was withheld : An Act for the relief of Daniel Erb and other Persons wIioh names are thereiu mentioned.. First Session, Tenth Provincial Parliament. ^1829.^ Titles of Bills originated in the House of Assembly and rejec- ted by the Legislative Council, or declined to be acted upon by that House: An Act to repeal an Act passed in the 56th year of the late King, granting to His Majesty a sum of money towards defray ing the expenses of the Civil Administration of the Government of this Province. An Act for the more equal distribution of the Property of Persons dying Intestate. An Act to declare the boundaries of the County of Norfolk, and to erect the same into a separate District. An Act to enable the denomination of Christians called Uni- tarians to hold Land for certain purposes therein mentioned. An Act for the remuneration of Robert Randal, Esq. for valua- ble services rendered this Province while in England. An Act to provide for the disposal of a part of the Clergy Re- serves in this Province. An Act for the payment of Wages to Town Members. An Act to erect the county of Prince Edward into a separate District. An Act to extend the limits heretofore assigned to the respec- tive Gaols in this Province. An Act to amend the Law respecting Contracts and Evidence in certain respects. An Act to amend the Law respecting the Police of the Town ©f Kingston. ARKLS1EI> IN rHBlft livOuhLiS. 2fi5 An Act to borrow a certain sum of Money in EnglaBd. An An (o grant a certain sum of money to Hi* Majesty fur ihe remuneration of the persons therein mentioned. An Act to amend the Laws now in force iur preventing the eale of Spirituous Lirjuors without licence. An Act to authorize the appointment of Commissioners of Roads and other officers for the management of the Highways,, at the several Township Meetings within this Province. An Act to facilitate the issuing, service and return of Process in the District Courts in the several Districts of this Province. An Act granting to His Majesty a sum of Money for the im- provement of the Roads and Bridges in this Province. An Act to continue for one year certain Acts relating to Shop and Tavern Licences. An Act to remove difficulty respecting the appropriation of certain Fines imposed by law, and thereby to provide more effec- tually for the carrying into operation certain Acts for punishing breaches of the Sabbath and other offences. An Act to repeal an Act passed in the 7th year of His presertt Majesty's reign, intituled, "Ad Act to authorize the raising by Debenture a sum of Money, to be applied ro erecting Buildings. tor the use of the Legislature," and to authorize the repair of the old Parliament buildings. An Act to regulate Partition Fences and Ditches in Sandwich, in the Western District. Titles of Bills originated in the House of Assembly, but af- terwards rejected by that House by reason of Amendment* made to them by the Legislative Council : An Act to incorporate the Trustees of the Grantham Academy. An Act for the appointment of Commissioners to treat on th» pare of this Province with Commissioners on the part of the Province of Lower Canada, on matters of mutual interest be- tween the said Provinces. Titles of Bills originated and passed in the Legislative Council, and rejected by the House of Assembly : An Act direclioj the Proceedings against forcible Entry and Detainer. An Act to provide for the more summary punishment of cer- tain Trespassers. An Act to confirm British Subjects in their Titles to Real Estates in this Province derived from or through Aliens, Titles of Bills passed bv the Legislative Council and House of Assembly, from which the Royal Assent wa3 withheld : An Act for the relief of Mary Lawrence. An Act to cscourage Emigration from foreign parts into tbii Province. $96 Tn LKS OF BlJX» Sseotui Xitxion, Ttnth Provincial rarliamtnt. (iSSO.) TiTJMtfl of Biil9 originated in the House of Assembly and rejected by the Legislative Council, or declined to be acted upou by that Mouse. An Act to make valid certain Marriages heretofore contracted, and to provide for the future solemnization of Matrimony in tfai* Province. An Act to erect the County of Prince Edward into a sepanito Pistriet. An Act for the more equal distribution of the Property of Per- sons dying Intestate. An Act to repeal the law now in force granting a Salary to the Chaplain of the House of Assembly. An Act to allow persons tried for Felouy the benefit of full de- fence by Counsel. An Act to incorporate certain persons by the style and title of M The Associated Farmers Company of the Home District, and, parts adjacent." An Act to provide for registering Deeds and other Conveyan- ces within this Province, the same being executed in fpreiga countries. An Act to provide f»»r the disposal of a part of the Clergy Re- serves in this Province. An Act to render Sheriffs and their Deputies ineligible to a flest in the House of Assembly in certain cases. An Act t» declare the Boundaries of the County of Norfolk* and to erect the same into a separate pistriet. An Act to appoint Commissioners, on the part of this Pro- vince, to treat with Commissioners on the part of Lower Canada, on matters of mutual interest. .An Act assiguing Yards for the benefit of the health of Deo- !ois confined in the respective gaols in this Province. An Act concerning the Law of Libel. An Act to declare and define the duties of Steward. Art-Act the better to provide for the return and cmpanneTiiog of Juries. An Act to require the Justices of the Peace, and the Trea- surers of the several Districts of this Province to publish their District Accouatj. An Act to remunerate Robert Randall, Esquire, for vahra- ble serv'ues reiider-ed fbra Province while in England. An Act for the better preservation of Salmon within this Pro- vince. An Act to provide for filling vacancies that may occur by the tleath, removal, or neglect, or refusal to act, by any of the Com- missioners appointed by an Act passed in this present Session of Parliament, intituled, '• An Act granting to His Majesty a mm oC money for the improvement of the Ro?.ds and Bridges in this Province." •\n Aet to exclude the iFu-dgcs. from [lie Legislative ?u<\ Kjk- Co until. AIUiFSTEI) l.X TIIKIR HfcOCRESS. 2tff Ah act to pwvkle good understanding among neighbours, aad to lessen the number of expensive Law-suits, by establishing Courts of Pacification in this Province. An Act to incorporate certain persons under the style and title of " The President, Directors and Company of the Commercial Bauk of Upper Canada." An Act to relieve the Quakers, Menonists and Tunkers from the payment of Fines or Commutation Money in lieu of the per- formance of Militia duty in time of peace. An Act to establish Upper Canada College. An Act to repeal an Act passed in the 56th year of the reig* of his late Majesty, intituled, " An Act for granting to His 3fa- jtfsty a sum of money towards defraying the expenses of the Civil Administration of the Government of this Province." An Act to provide for the service ot process and other legal proceedings upon certain persons carrying on business in this Province under the name and style of the Canada Company; An Act to continue for a limited time an Act passed in the 4th year of His Majesty's reign, intituled "An Act further to regie late by law the commercial intercourse of the Province of l.'pper Canada with the United States of America, so t «r as rega b iho duty imposed on Cider and Beer." Titles of Bills originated in the House of Assembly, but after- wards rejected by that House, by reason of ameudmeat-s mad* to them by the Legislative Council . An Act to provide for the erection of Line or Division Fences in this Province, and for the construction of Watercourses in the Eastern and Western Districts. An Act to repeal part of and amend the Laws now in force for preventing the sale of Spirituous Liquors by Retail without Li eence. An Act for the Regulation of District Offices in this Province* Titles of Bills originated and passed in the Legislative Council,, and rejected by the House of Assembly : An Act for the protection of the interests of Certain bodies of Indians in this Province. Titles of Bills passed by the Legislative Council and House of Assembly, from which the Royal Assent was withheld : An Act for the relief of Henry Weeks. An Act to impose an additional Duty on Shop Licences, and to revive and continue, with modification, for a limited time, the Law which has recently expired for imposing a Duty o»3 Ltce«ces to sell, by wholesale. Wiue. Brandy mid other Hpirttuous Li- ?68 Titles of Bills First Stsiion, Eleventh Provincial Parliament. (1S31.) Titlbs of Bills originatad in the House of Assembly, and re- jected by the Legislative Council, or declined to be acted upon by that House : An Act to allow persons tried for Felony the benefit of full de- fence by Counsel, and to regulate, in some other respects, the practise in Criminal Cases. An Act to prevent the consumption of Wine, Brandy, Ram, and other Spirituous L : qiors within Siiops. An Act to incorporate certaia persons under the style and title of "Tie President, Directors and Company of the Commercial Btnk of Upper Canada." An Act for incorporating the President and Board of Police of Brockville, and for establishing a Market in the said Town. An Act to repeal part of, and amend the laws now in force es- tablishing a Police in the Tow a of Kingston, and to provide for the election of a Council to regulate the Police of the said Town. An Act granting a sum of money for the encouragement of th3 Grantham Academy. An Act granting to His Majesty a sum of money to remunerate Valentine G.ll and certain otuoers and servants, of the Legislature, for services rendered by them. Titles of Bills originated in the House of Assembly, but after- ward* rejected by that House, by reason of amendments made to them by the Legislative Council : An Aet to appoint Commissioners to treat with Commissioners appointed en the part of the Province of Lower Canada, for the purposes therein mentioned. An Act to make certain regulations relating to the office of Sheriff, and to require the several Sheriffs of this Province to give security for the due fulfilment of the duties of their office; Titles of Bixls originated and passed in the Legislative Coun- cil, and rejected by the House of Assembly. An Act to remove doubts respscting the Jurisdiction of Com- missioners of Customs in this Province. An Act for the discharge of Debtors in execution for small debts, from imprisonment in certain cases. An Act to dispense with the necessity of taking certain Oatks and making certain Declarations in the cases therein mentioned, and also to render it unnecessary to receive the Sacrament of the Lord's Supper as a qualification for offices, or for other temporal purposes. An Act to facilitate summary proceedings before Justices of the Peace, and to afford to such Justices reasonable protection in the discharge of their duty. An Act to remove doubts respecting the Jurisdiction over Offen- ces committed upon the Lakes and Rivers in this Province. Arrested in their Progress. 209 An Act to prcvont thn operation within this Province, of an act 26 March, 1833. > List of the titles of all the Bills which hav- ing originated in the House of Assemhly during the two last Sessions of the Legislature 1833-4 and 1835.) were rejected, or declined to be act- ed upon by the Legislative Council, or which having been sent up were altered by the Legis- lative Council so as to cause their subsequent rejection in the House whence they originated ; or which, having originated in. and been passed by the Legislative Council, were afterwards re- jected by the Assembly. Also, of the titles of Bills which having been passed in the Legisla- tive Council and Assembly, have been refused the Royal Assent, or been reserved for the sig- nification of His Majesty's pleasure thereon : Fourth Session, Eleventh Parliament, (1833-4. j Titles of Bills originated in the House of Assembly and rejected by the Legislative Council, or declined to be acted upon by that House. An Act to incorporate sundry persons under the style and title of the President, Directors and Company of the Gore Bank. An Act to erect the County of Norfolk into a separate District, and to authorise a loan of money for the purpose of building a Gaol and Court House therein. An Act to repeal an Act passed in the eighth year of His late Majesty's reign, entitled, "An Act to require the Justices of the several Districts of this Province, to publish a statement of their District Accounts" and to make further provision for publishing District Accounts and disposing of the District Funds. An Act to establish the present survey of certain side Lines in the Second Concession West of Green Point in the Township of Sjopbiasburg. Arrested in their Progress. 273 An Act to erect the County of Hastings into a separate District'. Au Act to incorporate certain persons under the style and title of the President, Directors and Company oftheBank of Cobourg. An Act affording relief to a Religious Denomination called " Christians." An Act to encourage the destruction of Wolves. An Act to incorporate certain persons under the style and title of " The Upper Canada Glass Manufacturing Company." An Act to incorporate a Joint Stock Company for the Manu- facture of Salt, in the Township of Saltfleet, in the District of Gore. An Act to provide for the sale of the Clergy Reserves in this Province for the purposes of General Education in the same. An Act to establish a Police in the Town of Cobourg. An Act appropriating certain monies in the hands of His Ma- jesty's Receiver General raised under the provisions of an Act passed in the second year of His Majesty's reign, entitled, "An Act to impose an additional duty on Licenses to vend Wines, Brandy and Spirituous Liquors, towards the payment of the sum of £25,000, granted for the improvement of the roads and brid- ges in this Province by an Act passed during the present Session entitled, "An Act granting to His Majesty a sum of money for the improvement of the Roads and Bridges in the several Districts in this Province." An Act to amend and extend the provisions of an act passed in the third year of His Majesty's reign, entitled, " An Act to raise a sum of money to improve certain roads in the vicinity of the town of York, and for other purposes therein mentioned." ^Titles of Bills originated in the House of Assembly, but after- wards rejected by that House, by reason of amendments made to them by the Legislative Council. An Act to declare that certain persons therein described shall not be privileged from Arrest by Mesne Process. An Act to amend and extend the provisions of an act passed in .the fifty-fifth year of the reign of His late Majesty King George the Third, entitled, "An Act to incorporate the Midland District .School Society." Titles of Bills originated and passed in the Legislative Council and rejected by the House of Assembly. An ct to amend an Act passed in the second year of the reign ofjHis late Majesty King George the IV. entitled, « An Act to repea part of and amend an act passed in the 37th year of His late Majesty's reign, entitled, 'An act for the better regulating the practice of the Law, and to extend the provisions of the same.' " An Act to appoint Trustees to carry into effect the provisions of the Will of John White, Esq. deceased." An AjJt to enable suitors in the District Courts to procure the attendance of Witnesses from any District in this Province. An Act to allow the issuing of Writs of Error from the Court *>f King's Bench. 274 JTIXS OF Bn, LS Titles of Bills pasted by the Legislative Council and House of Assembly and reserved for the signification of His Majesty's pleasure. An Act to authorise !he persons therein named to hold or convey certain lands in the Townships of Waterloo and Woolwich in the District of Gore. An Act to form certain Townships in the London District into a County, and to attach certain Townships to the Counties of Middle- sex and Kent in London and Western Districts. An Act to enable the Executors named in the Will of the late Thomas Stoyell, to carry the provisions of the said Will into effect. An Act to incorporate certain persons therein mentioned, under the name and style of the Erie and Ontario Rail Road Company. An Act to extend to certain persons the civil and political rights of natural born subjects. An Act for imposing a Tax on lands adjoining Canboro' and Simcoe. An Act to incorporate certain persons for the management of certain Lots of Land in the Township of Sandwich belonging to the Roman Catholic Congregation of the Parish of L'Assomption in the Western District, and for vesting the same in the said Corpo- ration. An Act to enable John B. Yates, to hold lands in this Province, and for other purposes therein mentioned. First Session, Twelfth Parliament, /ess* Titles of Bills originated in the House of Assembly and rejectee* by the Legislative Council, or declined to be acted upon by that House An Act to authorise the Trustees of the Grantham Academy to dispose of real Estate, and for other purposes therein mentioned. An Act to authorise His Majesty's Justices of the Court of King's Bench to hold a Court of Oyer and Terminer, Assize, of Nisi Prius and of General Gaol Delivery in and for the District of Ottawa. An Act to amend the Jury Laws of this Province. An Act to define the limits of the Town of Brantford in the District of Gore, and to establish a Police and Public Market therein. An Act for the Disposal of the Clergy Reserves in this Pro- vince, for the purposes of General Education. An Act for the more equal distribution of the property of persona dying Intestate. An Act to grant the sum of Four Hundred Pounds for the con- struction of a Bridge at. Parrott's Bay. An Act to provide for a Survey in the Township of Loughbo- rough. An Act to erect the County'of Hastings into a Separate District. An Act to divide the township of Hawkesbury in the Ottawa ArrLStld KN THEIR PkOGRES*. 2?J district into two eeparate townships of East and Weat Ilawkes- bury. An Act to repeal the several laws now in force imposing finc» on Quakers, Meoooists, and Tunkers, for non-performance of Militia Duty in time of Peace. An Act to incorporate sundry persons under the style and title of the '• President, Directors and Company of the Bank of the Niagara District." An Act granting to Adam Dixon, of Moulinette, in the town- ship of Cornwall, certain privileges contained therein. An Act to promote Education. An Act to amend the Court of Requests Law. An Act to repeal the Law authorising the appointment of a Commission to take the evidence relative to the trial of Contes- ted Elections. An Act to impose a duty on various articles imported from the United States of America into this Province. An Act to amend the Charter of King's College. An Act to promote the freedom, peace and uiet of Elections of Members to represent the several Countie Ridings, Cities, and Towns in this Province, in the House of Assembly, and fur- ther and more effectually to secure the independence- of that House by adopting the mode of voting by Ballot. An Act granting to His Majesty a sum of money for the im- provement of the Roads and Bridges in the several Districts in this Province. An Act to form the County of Norfolk into Ridings, and also to erect the same into a separate District, and for other purposes therein mentioned. An Act to amend the Police Laws of the Town of Prescott. An Act to authorise the erection of a Mill Dam upon the River Thames in the London District An Act relating to the granting of the "Waste Lands of the Crown. An Act to authorise the issuing of Licenses for the sale of Wine. An Act to make a grant to the Grantham and Bath Academies. An Act to promote the freedom of Elections in the County of Leeds. An Act to remunerate Francis Hall, Esq., Civil Engineer, for services at the Burlington Bay Canal. An Act granting further aid to the Burlington Bay Canal. An Act to provide for holding Elections in the County of Leeds. An Act granting a sum of money for the improvement of the Harbour at Kettle Creek and for other purposes. An Act for the relief of John Pearse and others, and to complete the Lock and Canal between Pigeon and Sturgeon Lakes, in the Newcastle District, and for other purposes. An Act granting to His Majesty a certain sum of money to ena- ble His Majesty to pay to Joseph Turiou the balance of his ac- count for work and labour performed by him as Contractor for part of the buildings occupied by the Legislature. An Act to ensure the more regular and economical printing of 276 Titles of Bills the Statutes of this Province, and of those Statutes of the Impe- rial Parliament which may concern this Province, to provide that the said statutes be printed by contract, and also for their distri- bution. Titles of Bills originated in the House of Assembly, but afterwards rejected by that House, by reason of amendments made to them by the Legislative Council. An Act to naturalize certain persons therein named. An Act to continue and amend an Act providing a bounty for the destruction of Wolves in the several Districts of this Province. (Amended by the Legislative Council, and amendments rejected by the Assembly, it being considered a Money Bill.) Titles of Bills originated and passed in the Legislative Council, and rejected by the House of Assembly. An Act to allow the people called Separatists to make a solemn- affirmation and declaration instead of an oath. An Act to amend the law respecting Bills of Exchange and Pro- missory Notes. An Act to appoint the time and place for holding the Court of General Quarter Sessions of the Peace, in each of the several Districts of the Province, and to repeal the several Laws now in force for that purpose. An Act for the further amendment of the Law, and the better advancement of Justice. An Act to make the remedy in cases of seduction more effectual, and to render the fathers of illegitimate children liable for their support. An Act to allow persons to be admitted Attornies upon a service of five years under articles in the office of the Clerk of the Crown and Pleas. Au Act to abolish the distinction between Grand and Petit Lar- .ceny and to enable Courts of General Quarter Sessions of tho Peace, and any Court having the like powers to try all cases of simple Larceny under certain restrictions, and to amend the Lawsr respecting the Punishment of Larceny. An Act to constitute a new Court of Appeal for revising the judgments of the Court of King's Bench. Titles of Bills passed by the Legislative Council and House of As- sembly, and reserved for the signification of His Majesty's pleasure. An Act to confirm British subjects in their titles to real estate derived through Aliens. An Act to incorporate sundry persons under the style and title of the President and Directors of the Upper Canada Life Insu- rance and Trust Company. An Act to incorporate sundry persons under the style and title of the President, Directors and Company of the Gore Bank. An Act altering and amending the charter of the President Directors and Company of the Commercial Bank of the Midland Sessions Pape&. 277 district, and for increasing the number of Shares to be bold in the capita] slock of the Company. An Act for the relief of the Heirs of the late Fetar Desjardin** Clerk of Assembly's Office, Toronto, April 17, 1835. JAMES FITZGTBBON, Clerk of Assembly* No. 83. (A.) SESSIONS PAPER (1330.) . No. 574. [From a Return to an Address of the House of Common* lated 7th of June, 1830.] Extract of a despatch from Major-General Sir John Colborne to the Right Honorable Secretary Sir George Murray, dated York, Upper Canada, 16th February, 1829 : With respect to the constitution of the Executive and Legisla- tive Councils, on which subject you require information, it is evident that whatever persons may be appointed members of the Executive Council* there will be a considerable degree of jealousy existing in this limited community of their influence & authority ; they must ne- cessarily reside at York, and will seldom be able to accept the eharge without holding other officer under the Crown. On many ac- counts ic is very desirable that the Chief Justice should retain his seat in the Executive Council ; but there can be no doubt that occasion- ally he must, as a Judge, be led too deeply into the political affairs of the Colony, Composed as the Legislative Council is at present, the Province has a right to complain of the great influence of the Executive government in it. The Legislative Council consists of seventeen members, r exclusivo of the Bishop of Quebec ; of these, from acci- dental causes, not more than fifteen ever attend to their Legislative duties. Thus, out of the number generally present, six are of the Executive Council, and four hold offices under the Government ; I have, therefore, intimated my intention of recommending to His Majesty's Government to increase the Legislative Council. It is exceedingly difficult to find persons qualified for it ; but if about eight or ten more can be selected from different parts of the Province, and the majority be considered independent, there can be no good reason assigned for excluding the Executive Council. Since the date of the despatch from which the above extract has been taken, the Right Rev. Doctor JVIacdonell, Roman Catholic Bishop, and John Elmsley, Esq. two additional members, have been added to the Legislative Council ; and it is not intended that the Chief Justice of Upper Canada should continue a member of tbo Executive Council. Downing- Street, 14th June, 1830. Q2 27& Correspondence. Proceedings in England, with Acts of ths. Coloniat legislature. On the arrival of the Acts of a Session of a Colonial Legislature at the Colonial Office, they are referred by the Secretary of Stata to the Law Counsel for the Department, who reports on them in point of Law — that is, 1, Whether they are r with the Governor of the Colony's Commission and Instructions. — 2. Whe- ther in tiie language of the statute 7 & 8, \V:1I. 3 I, ch. 22, sec. 9, they are or are nut repugnant to tiie laws of Great, Britain; and 3. Whether each act is so framed as to give full effect to the pur- poses for which the Colonial Legislature framed it. The Law Counsel reports to the Secretary of State. The acts thus reported on, and the report, are communicated by the latter to the President of the Privy Council, and laid before the King in Council for his Majesty's cons deration. At the then ensuing Council Btard, the acts and reports are referred to the Lords of Trade and Plantations, of the Committee of whom the Secretary of State is one. This Committee select the most difficult statutes and get the opinions of the Crown Lawyers upon them. The Committee then report on the acts under three heads : — .1. Acts disallowed. 2. Acts of public and general Importance requiring special con- firmation. 3. Ordinary acts left to their operation. JNo Colonial acts can be disallowed, save by a regular order of the King in Council. The Clerk of the Council announces to the Secretary of Stale the decision of the Council on the acts, which is communicated to the Governor of the Colony, together with the original order in Council. A list is also made and seat of acts neither confirmed, nor disallowed, with an intimation that they will be left to their operation. Comparatively few statutes are either confirmed or disallowed. No. 84. Downing Street, f 29th December, 1832. J Sir, I am directed by Viscount Goderich to acknow- ledge the receipt of your letter dated the 18th instant, and to return you the fallowing answer. Lord Goderich does not consider it consistent with the du- ties of his office to enter into any explanation with yourself or with any other private person, of the views which His Ma- jesty's Government may entertain respecting the propriety of dissolving the present Assembly of the Province of Upper Canada. Correspondence. 279 With respect to the warnings ami predictions which you have thought it your duty to address to His Lordship in the name of tiie people of Upper Canada collectively, not only on the present, but on former occasions, Lord Goderich directs me to say that he cannot acknowledge or suppose that your view* are really those of the majority of the inhabitants of that import- ant part of His Majesty's dominions. Opinions directly opposite to those which you maintain, are advanced in petitions addressed to His Majesty, and to the Lieutenant Governor, by bodies of the inhabitants far more numerous than those who have signed the petitions entrusted to your care. With the most unaffected anxiety to consult the deliberate wishes of the people of the Province upon all questions of local interest, Lord Goderich would be acting in direct opposition to that principle, if he were to defer to the desires of "the comparatively small minor- ity, for whom you act, rather than to those of the far greater body, by whom the counter petitions have been signed. With reference to your statement that the question of the Union of Montreal with Upper Canada is "agitated by author- ity emanating from Downing Street,"Lord Goderich directs me to state that he is totally at a loss to understand your meaning, but will be greatly obiiged to you if you will place him in pos- session of proof that any person in British North America or elsewhere has agitated that question under any pretended au- thority from this Department, because His Lordship would feel it his duty to disavow in the most unqualified terms the having directly or indirectly imparted any such authority te to any person whatever, I am, Sir, Your most obedient servant, HOWICK. \V. L. Mackenzie, Esquire. No. S5. To the Eight Honourable Lord Viscount Gode- rich, His Majesty's Secretary of State Colonial Department, Downing Street. 2, Poland Street, | January 9, 1833. ( My Lord, I greatly rejoice to perceive that Your Lord- ship is most anxious to consult the deliberate wishes of the people, because I am convinced that the safety, the honour, the strength of governments at a distance, are best preserved 28Q CoiuiEsrOx\i;Ei*cE. and maintained by ascertaining and following the judgment of the better informed part of the community. Being assured that I am expressing opinions and stating facts relative to Upper Canada in accordance with that public sentiment, and a strict regard for truth, I think it my duty to submit to the go- vernment some of the reasons which have led me to conclude (without seeing the " counter petitions ") that His Majesty's Government have been deceived, misled, and grossly impos- ed upon, with regard to the real numbers and character of the memorialists who express '* opinions directly " opposite to those which I maintain." I feel assured that upon in- vestigation it will be found there is some mistake in the esti- mate, and I court that enquiry with the least possible delay — -I beg I entreat Your Lordship that I may be permitted to examine the statements and signatures of the supposed " far greater body," spoken of by Viscount Howick in his letter of last Saturday week, as having signed those ''counter petitions." The whole population of Upper Canada, when I left it last April, was believed to be under 240,000, of whom about one- sixth were male adults, capable either of signing their names or making a mark ; and if every man of them had como for- ward to petition His Majesty on the state of the Province — which was not the case — -the whole number of petitioners would probably have fallen below 40,000. It is a fact of which I have a distinct personal knowledge that the number of signatures attached to the petitions addres- sed to the King and entrusted to my care, far exceeded 20,- 000, and that these petitions were agreed upon at from one to. two hundred District, County, Town, Township, and Village public meetings, at which vast numbers of the peo- ple attended. If, then, a large majority of the whole popu- lation capable of petitioning, entrusted their Addresses to your humble correspondent, Your Lordship cannot have re- ceived through the Lieutenant Governor petitions of an oppo- site character signed by a still greater number of persons. Ei- ther I have been the bearer of spurious petitions, or a great part of the addresses sent by Sir John Colbcrne deserves that designation — unless indeed it be assumed that thousands of the good people of the Colcmy signed first on the one side, and then went & affixed their names en the other li for uniformity's sake," certainly a very improbable surmise, when their high • tbaracter for integrity and intelligence is taken into considera- tion.. If I could have doubted for a moment as to whether 1 was expressing (he deliberate opinions of the people of Up- per Canada, 1 never would have consented to cross the At- lantic upon such an errand as has now detained me here se- CoRRESPOSDF.XCE. 2H1 ven months, and which to all appearance is likely to hinder me seven more. Although the popular representation is yery imperfect, and the influence of the Executive Government, and the monopolies winch uphold it, very great, Your Lordship will do me the justice to keen in memory that I have continually pressed upon the attention of Government a dissolution of the Legislature, and the calling of a new Pro- vincial Parliament as the only true way of ascertaining pub- lic opinion. What could the petitioners by me have gained hy a dissolution if they had not felt beyond a shadow of doubt that they were strong enough in numbers, wealth and respectability, to counteract the whole influence of the Execu- tive now upheld in Upper Canada to the injury of the Bri- tish Nation, and in despite of the people of the Colony? If your Lordship will cast a glance over the petitions you will find that it is through the House of Assembl}* the petitioners pro- pose to carry into effect nearly all these plans of reform & im- provement to which they solicit Your Lordship's countenance. It would have been quite a Quixotic project to send me here at a vast expense to pray the dissolution pf the present House if the petitioners had not felt perfectly secure that they could send a very different class of members to the new one. I assured Your Lordship in presence of Mr. Hume and Mr. Viger, on the very first day Your Lordship honored me with an audience, that if that point alone was gained before the then next annual session I should return to Upper Canada well satisfied that I had no doubt the petitioners would be so also. But instead of a dissolution we had the Legislature hurried prematurely into session, and expulsion, not by a majority, but by a few go- vernment functionaries, not one half the House being in at- tendance. Your Lordship will remember that, in 182S, the Wesleyan Methodists and Protestant Dissenters, from one general and thirty-nine local committees, humbly petitioned the House of Commons against Dr. Strachan's misrepresentations, and in favour of equal religious privileges, and that their petitions signed by 8,000 men and presented by Mr. Hume, on the 3rd of May were referred to the Canada Committee of the House of Commons whose favorable report thereon, it has not pleased His Majesty's Government, thus far, to act upon. I appear here as a member, and the accredited agent of the general committee to whom these 8,000 men entrusted their memorials, and whatever may bo the number of signatures sent to your Lordship's office, by Sir John Colborne, I would require very powerful evidence indeed to induce me to believe that public opinion had changed on the important questions ihese petitions embrace. I am the same person who procnr- 282 Correspondence. ©d from a large majority of l!ie present House of Assembly, the explicit declaration recorded on its journals, in favour of the principles laid down in these petitions and against the re- cognition of exclusive, dominant religious establishments. Therefore, it was, most probably, that I was unanimously se- lected to support the same opinions here. I appear as the accredited agent of the Committee of Friends of Civil and Religious Freedom, of all denomina- tions whose petitions signed by 10,000 freeholders and inha- bitants, Mr. Hume presented to the House of Commons in 1831, Mr. Hume, as well as Captain Ryerson assured the people of Canada that the Reform Ministry would carefully enquire into the allegations of the petitioners. Years have elapsed, but their complaints remain unredressed ; and what is worse than all, I am now informed that the petitioners are in the minority, On the merits of their cnse nothing is said, "but I can readily infer that on this ground also, they are held to have been found wanting, and that Governor Colborne's squabbles with the Methodists are justified. I was the bearer, this summer, of the petitions of 10,000 inhabitants of Upper Canada, praying for a change in the character of the Legislative Council, an enquiry into the conduct of the Lieutenant Governor, and the redress of many grievances. T itions were presented to the House of Commons by Mr. Hume, who informed me, as I did tho pe- titioners, that the Government would cause full enquiry to b» made. I must suppose that this has been done ; and after an interval of six at length I am assured by your Lord- ship that the petitions do not express public opinion. A majority of all the male adult population of Upper Cana- da have expressed their opinions and wishes in 61 humble and respectful addresses to the King during the last 18 months. — Of these addresses and memorials, two, not numerously sign- ed, were presented to His Majesty by Lord Brougham ; one from Hastings, reached your Lordship with some difficulty through the Po:-»t-oiTice and Home Department ; and the rest I remember having personally deposited in the Colonial Office at several times myself. Even this indication of public sen- timent appears to have been neutralized, as well in regard to the merits of the case, as by a far greater majority of tho signatures of persons holding opinions directly opposite, and compared to whom the Reformers of Upper Canada a/e " a comparatively small minority." I have long and successfully advocated the principles em- braced in the petitions I brought over, both within and with- out the walls of the House of Assembly. — And as the repre- sentative of a sixth at least of the whole Colony, I thought 1 CoRRESPONDBXCt. 28tJ might be entitled to be considered by His Majesty's Govern- ment on that ground alone a tolerably fair indication of public opinion in that District where the acls of the Government are best known. According to my understanding of Viscount Ilowick's let- ters of the 23d and 29th of June, and 29th of December last, your Lordship has laid down several rules or principles for the guidance of those who sent me here. I humbly ask leave to apply these rules or principles to the case of the petitioners. I am told, that the unauthorized statements of individuals are not to be received in opposition to those of the Assembly of Upper Canada, and that your Lordship is convinced that all classes of the inhabitants are fairly represented in the House of Assembly. That your Lordship is desirous to consult the deliberate wishes of the people of Upper Canada upon all questions of local interest. And, that as opinions directly opposite to those which I maintain are advanced in petitions addressed to the King and his Lieutenant Governor by far more numerous bodies of the inhabitants than those who have signed the petitions entrusted to me, your Lordship would not be consulting the deliberate wishes of the people of Upper Canada if you were to comply with the requests of the comparatively small minority for whom I act, in opposition to the far greater body who have expressed opinions directly opposite. It so happens in the present instance, that in many, if not in most cases, the petitioners by me ask that those things may be recommended by His Majesty's Government to be done, which the present as well as the two last Houses of Assembly have vainly essayed to accomplish. I find it somewhat diffi- cult to reconcile this fact with a refusal of these requssts, up- on the ground that to grant them would be deferring to the minority, even while it is readily admitted that the House of Assembly correctly represents the sentiments of the majority. For example : — 1. The present House of Assembly have passed a bill for the more equal distribution of the estates of persons dying intestate — so did the last House — so did the House before that. The petitioners by me humbly pray that this most important and much-to-be-desired measure may be perfected by receiv- ing the Royal Approbation. Three successive Houses have proved the unchangeableness of public opinion on this point. Yet it is refused, because your Lordship is in psosession of M the unauthorised statements of individuals" whom you •onseieatiously believe to be a majority of all the petitionert 284 Correspondence. from the Colony, but who in this case are *' in opposition i* the Assembly." 2. The present House of Assembly have declared the Col- lege Charter a grievance — so d:l the last House — so did the House before that — so did the Committee of the House of Commons sitting upon one of the petitions for which I am the agent — so do the petitioners by me. Yet has it not received a liberal charter 1 3. The present House of Assembly solemnly declared its opposition to any pecuniary union of Church and State, and to all undue preferences given to the Ministers of particular Religious Sects, and prayed that the Clergy Reserves might be sold and general education promoted with the proceeds. — So did the House elected in 1824, and the House elected in 1828. — So did the petitioners by me. — They are unsuc- cessful. 4. The last and present Houses of Assembly have enquired by address, and in other ways, from time to time, into the amount and application of that secret revenue which it has been usual to collect as well as expend without the knowledge er approbation either of the people of England or of Canada. They enquired in vain. The petitioners by me make the same request. Your Lordship admits that there ought to be no concealment. But the concealment continues. 5. The present House of Assembly prayed that the Timber Trade might not be burthened with an inland tax, which is equal to about 25 per cent, on the value of the rafts. The Ministry declined to remove the impost thus unanimously complained of. The petitioners by me are opposed to its con- tinuation. 6. The present House addressed the King in favor of the independence of the Judges — So did the two last Houses — So have the petitioners. Y r et the Judges (political partisans.) have been made more than ever dependant upon the military gov- ernment while they are perfectly independent of the country '. 7. The present House of Assembly refused or declined to comply with the prayers of the Freeholders of the County of York last winter and the winter before, asking a fair share of the representation. I observe by the debates of this Session, that they are now hastening to give it six Members instead of ©ne — the very thing I was sent here to ask for, after it had been refused there. I doubt its becoming a law ; it is too good a measure to originate with the local authorities or to be countenanced by them. 8. The Committee of the House of Commons on the Gov- ernment of Canada, strongly recommended an amendment of the defective system of summoning Juries, under which Mar- Mr. Mackenzie. 2o5 ihals or Sheriffs enjoying largo incomes at the pleasure of the Colonial Executive, are entrusted with the arbitrary selection both of Grand and Petty Jurors all over the Colony. The last House of Assembly and the one before it passed bil's in vain for remedying the evil, and the present House has acknow- ledged its existence. I am not aware that His Majesty's Government has taken any step whatever to remove this griev- ance, although the petitioners by me have made it a princi- ple ground of complaint, as striking at the very root of the administration of justice. 9. The present House endeavoured to provide for the pay- ment of the War Losses, but were checked by the Legisla- tive Council, which is to say, the Government. The petiti- oners by me, though disagreeing as to the best mode of pay- ment, wish that speedy justice may be done these long- neglected and ill-treated claimants upon British justice. 10. A Bill was introduced last winter, in the present House, to diminish law-costs — it passed, with two dissentient voices, and was lost in the Council. The petitioners pray that law- costs may be diminished. 11. In the question of the Chaplaincy of the House of As* semMy, as it appears on the Journals, is involved the whole merits of the petitioners' claims to be relieved from the undue interference of the Government in matters of religion. In ac- cordance with the petitions of the country, a bill and an ad- dress to His Majesty passed the House last Session. Nothing- has, however, been done by the Government, as far as I know, and now the objection is raised that there are counter-petiti- ons emanating from " bodies of the inhabitants far more nu- merous than those who have signed the petitions entrusted to my care." If the House of Assembl}", who agree with the petitioners by me in the above and many other essential points, are as it is assured by the Government they are, the true representa- tives of public opinion, what shall we say of the counter-peti- tions, in favor of whose wishes, though directly the reverse of those of the Assembly, His Majesty's Government has thus tar inclined to decide 1 I am, &c. W. L. MACKENZIE, K2 2a& Mn. Mackenzie:. No. 86, 2, Poland Street, London, y January 19, 1833. J Mr Lord, Your Lordship having signified your desire that I should explain what I meant by saying that the question cf the unic:: of Montreal with Upper Canada is "agitated by authority emanating from Downing Street," 1 have now the honor to afford that explanation : So far back as 1828, the evidence of Sir R. J. Wilnaot Hcr- fcon and others before the Canada Committee, goes to shew that the question was then under serious consideration in this country, and also that it was not unfavorably regarded by cer- tain members of the government. In 18*29, I recollect of Mr. Fothergill, the late govern- ment printer, bringing the question of the dismemberment of Lower Canada before the House of Assembly in the shape of resolutions, which the majority, of which I was one, entirely •disapproved, as we had the unjust and iniquitous measure of the Union proposed at an earlier period. Mr. Fothergill kept up ths excitement by placing the measure on the order of the day ©f the Session of 1830, and Colonel Elliott, another official person, gave a like notice in 1831-2,. which was copied into,, and commented on by the opposing Journals in the Sister Co- lony, producing* as might be looked for, any thing but good feelings. The government having at length obtained the upper hand In the House of Assembly at York, and having also succeeded, notwithstanding my expulsion and the petitions to the contrary of w r hich I was the bearer, in convincing your Lordship that all classes w r ere fully and fairly represented in it, we find the Law Officers of the Crown, the President of the Bank, the High Sheriff of the Home District, and other official persons employ- ed in organizing public meetings, getting up petitions, and set- ting the example to the Province of agitating the Province in favor of this plausible scheme of aggrandizement and spoliation. His Majesty's government in Upper Canada forms apart of his government here— his administration of the public affairs of his subjects there is a part of the general government of the Empire and doubtless controlled by that general government It is not the usual practice of the members of the King's gov- ernment, (so far as I understand that practice,) to agitate out of doors, or bring forward and support in the House of Com- mons, measures of the deepest general interest, such as the- re form of a Parliament or the dismemberment of a nation or province, without having first given such measures a gra*'» Mr. Mackenzie. 28.7 consideration and obtained the royal countenance and appro- bation ; nor Uc- f aware until honored with ihe last communi- cation by Viscount Howick, that :: was cither usual or deco- rous for his Majesty's Attorney and Solicitor General to exhi- bit themselves as the prime movers in public meetings of the people of Upper Canada, of difficult and dangerous questions, beyond the control of a Colonial Government, and the very dis- cussion of which was evidently calculated to excite and keep up a deep feeling of alarm and dissatisfaction in the minds of so many thousands of his Majesty's subjects in the sister Co- lony, until these functionaries had first sought and obtained the sanction of his. Majesty's government, or that of the Lieutenant Governor of the Province, on its behalf, as their warrant for such interference. Judging from a late instance here, that of Sir Henry Parnell, who ceased to be a member of the govern- ment when he ceased to think and act with his colleagues, I readily inferred that the Crown Lawyers had acted under the very highest authority ; nor was I alone in that opinion, the .same observation was often made by the Canada Journalists, as well as in private conversation- — I should suppose that there are very few individuals in the Canadas who bestow attention on public affairs that did not form the same opinion as myself when they saw his Majesty's servants clothed with the autho- rity and influence of oflice held during the Royal pleasure, placing the dismemberment of Lower Canada as a prominent feature in the repiy to the speech from the throne at opening the Legislative Session. The question had been long before the country, a great deal of angry discussion had arisen, and it seemed to me just and reasonable to conclude that the offi- cers of the Government in the Assembly when they voted and carried such a resolution through that body on such an occasi- on, had not failed to ascertain from the head of the Colonial Department what was + hr> T^oyal pleasure — I felt assure^ from the ill success of my own efforts to effect the least change, that they possessed in the fullest degree, your Lordship's confi- dence, and that of the Lieutenant Governor of the Colony. I .had known instances not a {ew where the people of Upper Ca- nada, and 19-20ths, of the representatives of their choice, had condemn ed the conduct of the officers of the local adminis- tiation, but in all my experience J had never once found that any course of proceeding adopted by these officers on any OC' zasion failed to receive the sanction of his Majesty'' s govern- ment here. I do not perceive an)' very essential difference in the effects of a series of political measures, whether the}' are originated here, or invariably justified and acquiesced iu^ however much opposed to public o| inion, British practice, 4)r tho views of the best informed 'la*: s of society in wliaUt*- 283 Mr, Mackenzie; ever manner expressed in the Colonies in which they are t« be put in operation. The Crown Lawyers and their associates in the Assembly, have told His Majesty that it was necessaiy that 60,000 per- sons should be transferred from one Government to another, without their consent asked or obtained, including, of course, property of immense value, and the first commercial city in the British American Colonies. These high legal functiona- ries, supposed to be selected for their superior knowledge of the law and the love they bear to the first principles of British justice, would, it appears, readily violate the articles of the capitulation of Canada, and principles of public law, which secure to the natives their property and civil institutions — they would unsettle rights long established — they would place 60,000 men, women and children, under the immediate ope- ration of that absurd jumble of British and Provincial Statute Enactments, (primogeniture ai:d all,) which have proved so irk- some to the Upper Canadians, and which the sister Province knows nothing of— they would oblige a population who speak French, to select gentlemen vested in the English laws and lau? guage, in order to legislate at York or Kingston for an English Colony — they would even abstract the speaker of the House of Assembly of Lower Canada from the body of which he has for many years been the distinguished ornament — And for why 2 Permit one to copy the substance of their resolutions : Commons House of Assemblv, ) York, U. Canada, Nov. 6th, 1832 J Report of the Committee of the whole House to whom was referred His Ezcelle?iey's Speech, at the opening of the Session. SIXTH RESOLUTION. " We nevertheless feel the strongest assurance that the ac- * 4 quisition by this Province of a Port of Entry from the sea, •" where our revenue of customs may be collected by our own 44 officers, and our foreign trade carried on unshackled by the " enactments of a sister Colony, is the only method by which " Upper Canada can obtain the full advantage of her own " Commerce." YEAS, 1 NAYS, Messrs. Attorney General,! Messrs. Ketchum, Buell, Solicitor General, Register ofjHoward, Cook, JVicCall, A. Northumberland, Collector of Customs, Port Talbot, do. do. Brockville, Collectorof Excise, Gore, Postmaster of Delaware, High Sheriff of York, and nine ethers,. McDonald, Morris, Norton. Perry, and Shaver — 10. Mr. Mackenzie. 289 They would parcel off Lower Canada, just as a Russian Potentate parcels off his serfs, or as the European invaders of America parcelled off the possessions of its aboriginal inhabi- tants — and that, too, with far greater injustice. In the dis- jnemberments of Poland, of which British Historians and Bri- tish Statesmen have seldom spoken with much approbation, the unprincipled victors can at least plead the right of conquest — a right, such as it is, which the King's advisers in Upper Canada have not pleaded. — Your Lordship will see, however, that the same plea which was so long and so successfully urged in the British Parliament by the traders in human blood and owners ot slaves ships, is here forwarded by His Majesty's legal advisers, and transmitted to England as " the deliberate .wishes of the people of Upper Canada," — namely, the en-» couragement of foreign trades, commercial interests, money, profit. The wages of injustice ! The authorities of Upper Canada do not appear to have profited by the History of Na- .both's Vineyard. If I could, even for a moment, bring myself to believe that .the honest, unsophisticated yeomanry of Upper Canada, were capable of entering into the feelings and views of the authori- ties in such a matter as this, I would never desire to put foot into the country again, further than to remove my family to a move kind and benevolent clime ; but I know them well, and I acquit them of the least intention to co-operate in such a disgraceful act as has been proposed to be done ostensibly for their benefit. Neither in the petitions to His Majest}', of .which I was the bearer — nor, I trust, in those other addresses far more greviously received, which contain opinions "direct- ly opposite" to those which I maintain, will any design or purpose be found for enriching the Exchequer of Upper Ca- nada, and improving her commerce by the wanton plunder and spoliation of 60,000 French Canadians. The honor of that scheme, if there be any — now that his Majesty's Govern- ment have disclaimed any participation in it — is exclusively due to the chosen few who have been upheld by Government .(in the belief that it was for the public advantage) in all their projects, (some of which I have explained in former papers,) for dividing the people of the Canadas as Ireland is divided, and for governing them as Ireland is governed. The author- ities say they want more money, more commercial profit — ■ well would it be for the Colonists if the income of the Govern- ment were a great deal less ! Wherever the English people have had the opportunity, in the free States of North America, they have established frugal governments and mild laws. I am firmly convinced they would do so in the Canadas, if His Majesty's Government would let them, as also that England ^ould gain by the change. 590 Mrt. Mackenzie. If there are any difficulties in the way of the apportioning the revenue raised at Quebec, the British Act regulating ihe trade between the two Colonies provides an easy and obvious re- medy. Lower Canada years ago passed an Act appointing Commissioners to meet Commissioners to be appointed by Up- pe^ Canada, to confer upon the questions of trade and revenue, and prepare the way for their final and satisfactory adjustment. The sains Bill, word for word, except the Commissioners names, was introduced into the Assembly of Upper Canada, and agreed to, year after year — but failed always in the Council — (that is, with the Government,) consequently-noth- ing was done. Thus have feelings of the most unpleasant nature been kept alive — and had not the great body of the people in both Pro- vinces seen through the flimsy vail with which the executive officers of Upper and Lower Canada attempted to conceal the true object they had in view, bitter quarrels would have been the inevitable consequence. It is, however, clearly under- stood on the other side of the Atlantic, that the proposed dis- memberment is but one of many plans devised by men hitherto unfortuately upheld by the gigaatic power of this great nation in J6.ll their schemes, the effect of which would be the dividing and weakening the Colonists; and the sincere friends of the peace end happiness of England and Canada, look forward to the time in which full enquiry will be made and justice done. In the 4th article of the October number of the Edinburgh Review, the critic says — " We confess that we like to see men " left to act for themselves. We like the variet}' of human na- 4t tare; We like to see different races of mankind advancing, '* each by its own road, to civilization. The minds of men *' are then in a more vigorous and healthy state. We dislike * 4 the lovely dead level of an universal or far extended empire, lt whether Roman, or Russian, cr British." — Should senti- ments like these be entertained by the great council of the nation, now about to assemble, the people of the Island cf Montreal will have nothing to fear from the machinations of the enemies of Canada, and the Canadians may look forward with well grounded confidence to a lengthened period of in ternal prosperity. I have the honor to be, My Lord, Your Lordship's most obedient, And most humble servant, W. L. MACKENZIE, The Right Honorable Lord Viscount Goderich, Irlls Majesty's Principal of State, Colonial Department, Bownin gStreet, Lord Howick. 291 No. 87. Downing Street, 22d January, 1833. Sir, I am directed by Viscount Goderich to acknowledge the receipt of your letters of the 5th and 9di and 12th instant. With reference to your statement that * the Government must " have been deceived and imposed upon," and that "the majority *• of Anti-Reformers is but an imaginary one," and with reference to the following expressions in your letter of the 9th instant, •* I beg, 1 entreat that I may be permitted to examine the state- ** ments and signatures of the supposed far greater body spoken of " by Viscount Howick in his letter of last Saturday week, as hav- " ing signed these Counter petitions ; " lam directed to state, for your information, that in the absence of any specific ground for supposing that the signatures to petitions transmitted through the Lieutenant Governor of Upper Canada to be laid before the King- are spurious, Lord Goderich does not think it necessary to institute such a scrutiny as you propose to ui lertake. If that course of proceeding were adopted, the petitions or vhich you were the bearer, must, in equal justice, be transmitted for the same purpose to your political opponents. The result of such investigations would unavoidably be to embarrass with an unprofitable mass of mere personalities, a discussion already oppressed with a variety of irrelevant topics which have been introduced into it. With reference to your statement that the number of signatures attached to the petitions addressed to the King, and entrusted to your care, far exceeded twenty thousand. I am directed to acquaint you that in the month of November last, Lord Goderich directed the number of signatures to be counted, and that the result exhibited a number considerably less than twenty thousand But upon receiving the statement made b.y you on tins subject, His Lordship immediately ordered the enume- ration to be repeated, and he finds the result entirely to coincide with the account contained in your letter. The consequence is that the difference between the number of persons who signed the petitions entrusted to your care, and tnose who signed the addres- ses evincing opposite opinions is less than was originally supposed, altho' there is a considerable majority of signatures to the addresses. Lord Goderich is happy thus to admit and correct the error into which he was led by the inaccuracy of those 10 whom he confided a duty, which from its nature was necessarily placed in the hands of subor- dinate persons ; I must observe, however, that the question whether the number of petitioners who entrusted their petitions to you, was greater or less than that of their opponents, was one on which Lord Goderich did not rely in estimating the correctness of the opinion advanced on either aide, or in deciding on the advice to be tendered to His Majesty on the subject. It is upon its own merits that the whole case has been weighed. The reason of adverting to the numerical majority of the petitioners hostile to your views, was the claim «<"> frequently urged by you that you should be un- derstood as speaking the general and deliberate opinions of i.hg 292 Loud Ho wick. great body of the people of Upper Canada ; a claim which the great, number of signatures attached to the counter petitions before Lord GoJerich directly repelled. With respect to your remark that when Mr. Randall came to England to complain of injustice, Lord Goderich "not only discu?- " sed the question with him, but also gave him a written official letter « pledging His Majesty's Government to do certain things," and that " his lordship has been less indulgent to you and to these who sent you " than he was to Mr. Randal/' I am directed to observe that the two cae^s were wholly dissimilar. Mr. Randal repaired to England to renonstrate against the final enactment of a Provincial Statute there, awaiting His Majesty's decision, which deeply afloctcd the interests of tire body by whom he was deputed to act. Lord Gode- richd : scussed that specific grievance with Mr. Randall, as he would have discussed with any other individual or body of persons any other specific measure in which they had a peculiar interest. You on the other hand invite a discussion of every measure con- nected with the administration of ihe Provincial Government, of every principle by which it is guided. That demand is made in the language of open and undisguised hostility, net with a view of affording the Secretary of State such information and such sug- gestions for the public good as your experience might enable you to supply, (in which light your communications would have been- thankfully received) but in furtherance of a direct accusation- against the Legislature, the Lieutenant G ivernor, the judges, and the Public OScers of Upper Canada collectively. Under such circumstances to engage with you in the wide range cf enquiry upon which you seek to enter, would be to direct the official corres- pondence of this department from its proper channel, and would place the Legislature and judicial and executive authorities of Upper Canada in a position of which they would have the best reason to complain, and in which they could not continue to con- duct the public service. With reference to your renewed application for permission to consult the proceedings of the House of Assembly of Up- per Canada, deposited in this office, and especially to consult the public journals of that House, I am desired to acquaint you that Lord Godericn is far from wishing to present ob- stacles to your enquiries respecting any part of the Public Affairs of the Province in which you may desire to obtain information. The Proceedings of Colonial Legislators used formerly to be bound up with the correspondence between the Governors and Secr^ta:-y of State, and it is contrary to established custom to allow strangers to have access to that correspondence. This was the ground on which it was deemed necessary that jour former application should not be complied with. — Cut considering the importance which you appear to attach to an opportunity of referring to the journals, and having also ascertained that, in the case of Upper Cana- da, there are very few years for which the proceedings of the Assembly are not possessed Hi volumes separate from the Lord Howici 29$ correipondence of the Department^ Lord Goderich 1ms in- structed the Librarian to place any Papers of that nature be- fore you, whenever it shall suit your ovvni convenience to make a personal application for them. , The bill which you stale io have passed the Provider.) Assembly, for encreasing the representation of the County of York to six Members, has not been received at (his Depart- ment. — Should your information on that subject prove to bo accurate, the most conclusive proof wijl have been given, that the House are willing to concur with* the other branches of the Legislature, in relieving the people at large from any grievance under which they may be supposed to kbor. With reference to the remarks which you made on the case of Mr. Christie, and on the different mode of proceeding adopted by Lord Goderich on the subject of that gentleman's expulsion, and with regard, to your own, it is necessary to remind you of the wide difference between the two cases.— Mr. Christie preferred a petition to His Majesty for a redress of a grievance under which he represented himself to labor, and His Majesty could not, unless it had been thought proper entirely to suppress a complaint from one of His Subjects, pursue any other course than was adopted. Lord Goderich does not understand that you have ever invoked the aid of Government iri' the same manner. — To have addressed a communication to the Assembly of Upper Canada on your case, would have been a gratuitous interference with the pro- ceedings of that body. Had you preferred a petition to His Majesty respecting any grievance under which you deem yourself to labor, it would undoubtedly have been the duty of His Majesty's Government to give their best consideration to that, as to any other petition proceeding from any of His Majesty's Subjects. . I am, Sir, Your most Obedient Humble Servant, HO WICK. No. 8#. Lord Flowick presents his compliments to Mr. Mackenzie and will be happy to see him, if he will be good enough to caJl on him, Monday, at 12 o'clock. Colonial Office, ) 7th March, 1833. J Memo.— 'This note was addressed to me on the occasion S2 '294 Dismissal of on which the Colonial Officer resolved to change the Attor- ney and Solicitor Generals of Upper Canada, in answer to my representations as to their conduct. W. L. MACKENZIE. 1st January, 1835. No. 83. (a.) BissssIss&I of the Crowra ILawyers. In the first week in March 1833, certain representations were made by Mr. Mackenzie, a member of this committee, to His Majes- ty's Government, respecting the conduct and proceedings of the At- torney and Solicitor General of Upper Canada ; these representa- tions were taken into immediate consideration, and despatches transmitted to Upper Canada. The following account of the dis- missal from office of Mr. Boulton and Mr. Hagerinan was sent to the Editor of the York Courier by the present Chief Justice of Newfoundland ; and the commentary of the Editor is annexed. [From the Courier of Upper Canada, of May I, 1833.] DISMISSAL OF THE CROWN OFFICERS OF UPPER CA- NADA BY LORD VISCOUNT GODERICII. In a postscript to a considerable proportion of the last Saturday's Courier, which were mailed for the country, we announced the fact, that Henry John Boulton, Esquire, and Christopher Alexander Hagerman, Esquire, had been removed from the offices of Attorney and Solictor Generals, of this Province; but neither space nor time admitted of our explaining the causes of that removal in that Postscript . Since that publication we have received the following commu- nication, together with che accompany nig documents, from Mr. Ex- Attorney General Boulton, which we hasten to lay before the people of Upper Canada : — To the Editor of the Courier of Upper Canada. York, April 30. 1833. Sir: Having filled for the last sixteen years the situation of a Law Officer of the Crown — first as Solicitor General, and latterly as Attor- ney General of this Province : and having, without a previous inti- mation of any part of my conduct, official or political, being disap- proved of by His Majesty's Government, been suddenly removed from office, I feel it to be an act of justice to myself, a3 well as Mr. Ha- german, who is now absent from the Province, and whose dismission is announced in the same despatch, not to leave room for unfounded and injurious surmises, as to the cause of our removal. I do not know that I can adopt any measure so satisfactory for this purpose, as the Crown Officers. £95 publishing merely withou! comment, the official correspond*! i which hag attended this unexpected measure of His Majesty Vlioveiu. meat. Your obedient servant, H. J. BOULTON. Government Hovsk. ? April 29. 1833. \ I have the honor, -by the direction of the Lieutenant Governor, to tra u the accompanying copy of a despatch from tilb- ury of State for the Colonics, in which his Excellency i» in- ■trncted to inform you and the Solicitor General, that His ?1 regrets be can no loi .. mi services; and that you &ro to be relieved from cue duties ofybux respective offices. I have &c. WM. ROW AN. HENRY JOHN BOULTON, Esquire, &.s. &c. &c. No 113. (CC Downing Str$kt, March 6. 1^3^ Sum Bv the accounts II received of the proceedings of the Legislature of Upper Canada, I have learnt that the Attorney and Solicitor General of that Province, have in their places in the As. part directly opposed to the avowed policy of His Majesty's Government. As members of the Provincial Parliament* Boulton and Mr. Hagerman, are cf course, bound to act upon uost for the interest of their constituent?., and of the Colony a: large — but ifu] on questions of great political rtancc, the JifFer in cpiniun from ills Majesty*!! ament, it is obvious that they cannot continue to hold conff- is in His b irice, without cither betraying their duty as members of the Legislature, or bringing the" sincerity of : veimmcr-. y their opposition to the policy which His Majesty has : -een advised to pur- His Majesty can hav hhoulionand Mr. Hagcrmaa should adopt the first of these a'terrmh : — I it on the other hand, he • measures of 111- to be impeded bv tho opposi Sicers of the Crown. In order there hose gentlemen may be at full liberty as members of the Lovjs. Iature he dictates of their own judgement, I have rec His Majesty form yon that he regrets that be ran no longer avail himself of their services, and that from the th 3d from the j >sed upon thf i . sir respectiv« You will transmit copies of this despatch to r.lr. Boulton and Mr. Hagei ?r &c. &c. GODERH Tl. [B K I fee- 296 Dismissal of York April 29. 1633. Bm : Under tho circumstances in which I find mynelf suddenly placed, without any previous intimation from Hie Majesty's Government, Mid more especially in the abscence of the Solicitor General, v. ho is equally affected by the meesure with myself, I feel it due to him as well as to myself, and. to our respective friends, to request that hia Kxcellency will have the kindness to inform me for what breach of public duty ilis Majesty has been advised to remove us from office ? 1 have the honor &e. (Signed) H. J. BOULTOK, fo Ia. Cot. ROWAN, Private Secretary to the Lieut. Governor. Government House. \ April 29. 1833. S S^a: 1 have the honor Jo acquaint you in reply to your letter of this day, that the Lieutenant Governor understands, that the part of yonr political proceedings to which the despatch of the Secretary of State particularly adverts, is that yon and the Solicitor Geneva!, promoted the repeated expulsion of a member of the Assembly, although tho constitutional objections' to that course hud been conveyed to iiia Excellency by His Majesty's Government, and were, it is concluded communicated by him to you. I have the honor, &c. Sec. (Signed) Wm. ROWAN, To H. J. BOULTON, Esquire. &,c. &-C. &.C. This is is a summary procedure most assuredly — and as high- handed and arbitrary a stretch of despotic power as has been en- acted before the face of high heaven, in any of tho four quarters of th;s nether world, for many and many a long day. The Duke of Wellington's conge to Mr. Huskisseri was cavalier enough in ail conscience, but the Duke did riot divest MK Hubksson of his offic , until Mr. H. had made a conditional tender of his resignation to his Grace — and yet the con !uct of the Duke in displacing Mr. II. even under those circumstance?, without offering him Further op- p irtun'ities for explanation, viewed by the whole empire as being unjustifiably capricious and arbitrary. But this dismissal of the Crown Odicers of Upper Canada by t!ie Lord Viscount of Gode- rich, because those gentlemen, in the independent discharge cf flieir Legislative duties and in obedience to the known and decid- ( d y expressed sentiments' of three fourths of the whole peopl'j uf Uj per Canada, and nine-tenths of their own immediate const&u- niitsj concurred with a large majority of the Representatives of the Canadian people, in exp Ping from the House of Assembly a worthless and degraded member of that body ; who libelleii grossly abused the House and the Speaker of the House, .vho, setting all the forms and usages of the Lrgis* lative bodies at u.ter Ueiiance, co nplelely put a slop to CftOWN OFFICERS. C J^7 the business of the country : the dismissal, we rtfy, of these, gentlemen by Ford Goderich, for such a reason, or rather, under such a pretence, upon m*»re heresay evdencetoo, through Macken- zie or the newspapers, without any previous intimation of his Whig-ship's high displeasure, and without affording them n moment** tune to defend themselves, or explain their conduct, is an infinitely inure high lnmded and despotic measure, than any even yet as- cribed to the Duke of Wellington, or, we venture to sav, was ever thought of by that Nobleman. The dismissal of these gentlemen, for such reasons, cannot be viewed as a mere personal question, affecting not only the interests or the two officers who have been removed : bur it is a public question ueepiy affecting the rights and liberties of the people of this Colony-r-the freedom of election, and the privileges of the. people's representatives. For, if the coioninl minister for the time b.-iiig assumes to himself the power of dictating to the represent*, lives of the Canadian people, whaj they shall do and what they shall not do in their Legislative capacity, and punishes such of those representatives as he has the power of punishing, for not act- ing agreeably to Irs d elation, it is very ea«y to soe that the Legis- lature must soon degenerate indeed into a band of " slaves and syce- p lant^ ;" since no member who hold- a public offi e, and no m°rn- b r who desires to ob'am a p/ihlic office will dare to oppose the mandate of the ex'Stiny colonial minister. And what would be a still more degrading and demoralizing ef- fect of such a system, if persisted in, it would render the rep- resentative bquy as inconsistent and unprincipled, as it would be. slavish ami sycophantic; since the piembersof that body, in order to please the government for the tinje being, must of course, chamelion-like, change their political hue, irith every ministerial change, of these ever changeful. Such, however, is the man- date of this sapient Lordling; who declares, we are informed, that all persons Holding offices under the government, are expect- ed to support the views and directions of that government, or they will be instantly removed from office ! ! Further marks of His Lordship's displeasure at the recent proceedings of the two Houses of the Provincial Parliament, we understand are threatened. And nobody can tell what ridiculous caper this political imbecile may next enact. The dissolution of the Parliament; the recall of the Governor; the dismissal of the Chief Justice ; and many other equally mad & ruinous projects are said to be in the contemplation of this foolish Colonial Minister. (On* of the very worst effects of such a condition of affairs is, that it reduces every thing iu the country to a state of uncertain- ly : with tie past acts of this minister the great bulk of the peo- ple are displeased or disgusted ; and with reference to his future acts, they apprehend nothing but mischief and disaster, both to. the Colony and the Empire. The minds of all the well affected people in the country (and they, to the certain ultimate discom- fiture of the united factions of Mackenzie, Goderich and the Yankee Methodists, are a vast majority) begin to be unhinged. Instead of dwelling with delight and confidence upon the;r con- nexiQn with the glorious Einpiie of their sites, with a deleinit- 2\)Z Dismissal of nation to support that connection as man)' of them have alrea- dy supported it, with their fortunes or their blood, their a tions are already more than half alienated from the Government of that country, and in the apprehension that the same insulting and degrading course of policy towards them is likely to be con- tinued, they already begin to " cast about" in ** their mind's eye," for some new state of political existence, which shall effectu- ally put the colony beyond the reach of injury and insult from any and every ignoramus whom the political lottery of the day may chance to elevate to the chair of the Colonial Office. This is strong language ;jTfae fools and the knaves of the Yankee Republican faction, whom Lord Goderich delightethto honor — and the fools and knaves of the Canadian Republican press [and they are all fools or knaves] will affect to condemn and ridicule that language— but, it is true! It is not the mere circumstance of the dismissal from office of Mr. Bouhon, or Mr. Hagerman, hut it is the disposition which this Lordling of the Colonies, has evinced to countenance and protect the odious, despicable, un- principled and puny faction, which has been labouring for years to dissever the Colony from Britain, and to set up democratic Republicanism in its stead ; and the equally despicable and un- principled emissary of that faction: and the disposition, which he has at the same time, as a consequence, shewn to annoy, insult, and injure the feelings of the great and respectable majority of the Canadian population, who disa-owed and condemned the conduct and the representations of that emissary and that faction ; it is this we repeat, and not merely the dismissal of the gentle- men in question (which constitutes only one prominent instanoc of the disposition and designs of the Colonial Secretary) that lias alienated the affections and produced the feelings of resentment, and the views with regard to the future, which we have des- cribed. " Fools never learn wisdom ;" or, one might have hoped that the; experience which the present foolish ministry* have had of the consequences of setting up their opponents and putting down their supporters ; of taking their enemies by the hand, and throw- ing cold water in the faces of their friends, would have ere this taught them the propriety of abandoning this amicable iniquity ; hut, the ruinous folly which has been enacted in Ireland, in Ja- maica, and in the Mauritius ; is, it appears, in spite of dear bought experience, to be re-enacted in Upper Canada, and the Lord knows, perhaps in all the other colonies of the Empire. In Ireland, in accordance with this imbecile policy, the Go- vernment have alienated the affections, and made deadly enemies of the fastest friends of the British Throne — while they have ad- ded tenfold to the pcv.:er and to ike enmity of their former foes : and 20,000 additional bayonets, are consequently, required to keep the people of Ireland from' weltering in each other's blood, and from annihilating every vestige of order, government and taw. * From this genera! character there are Uyo or three distinguished ex.- ccj)iio.i-'. Crow* QfiWERS. 299 In Jamaica, in pursuance of the same policy, they have stimu- lated the blacks to cut the throats of the whites — and now in order to prevent the blacks from cutting any more throats, or to protect them in doing so (for there is really no telling which is the object of ou* sapient Minister), the same Cabinet are obliged to send 5,000 additional swords and bayonets to that devoted Island. In the Mauritius — in accordance with a similar policy, th<* same measures have been pursued, and the same necessity for re- sorting to additional bayonets has been the consequence. And now the same imbecile experiment is to be pursued in Upper Canada — but if it is persisted in — the moral and physical force of the great and overwhelming majority of the Canadian people, whom it will be necessary for Lord* Goderich to deal with, will be too powerful to be subdued or influenced by any de- monstrations of this kind. We hope, however, for the best — we hope that though "fools may not learn wisdom," they may, at least, be arrested in their career of folly : and that the consequences, which no honorable or patriotic mind can contemplate without shuddering, may therefore be averted. No. 89. Colonial Office, May 17 th, 1833. Sir, I am desired by Mr. Secretary Stanley to acquaint you* that he will be enabled to see you on Monday, at half past one o'clock, if you can call here at that time. I am, Yours Obediently, RICHARD EARLE. IV m, McKenzie, Esq. No. 90. Downing Street, 14th May. Sir, I am directed by Lord Althorp to acknowledge your letter of the 22d August, and to thank you for the informa- tion contained in ir-. I have the honor to be, Sir, Your Ob't Servant, W. L. WICKHAM. IT. Mackenzie, Esq. 200 Uetuuns; No. 91. S. G. O. Toronto , U. C. Tih April, 1835. SlBj In compliance with the wishes of tlio Committee on Grievances, I beg leave to enclose to them a paper contain- ing certain Querns, transmitted to Hie yesteiday, with the blanks filled up as requested. I have the honor to be; Sir, Your Oh't Servant, J. P. I1URD, S. G, The Chairman of the } Vofiimittee on Grievances, > fyc. 8fc. Sfc. ) No, 92; J. COLBOHNE, The Lieutenant Governor transmits to the House of Assembly, in compliance with the Address of the 10r.fi instant, a Return of the Justices of the Peace, and Commissioners of the Courts of Requests, for the several Districts, with the dates of their commissions. Ill reply to the inquiries contained in the same Address, the Lieu- tenant Governor acquaints the House, that the Justices of the Peace are appointed by commission, under the great seal of the Province, the selection being made by the Lieutenant Governor for the time being; acting' in the name of the King. The Commissioners m the Courts of Requests, are appointed in a manner directed by the second section of the Statute 3d William 4th, Chap L A copy of the instructions which have been issued by the In- spector General to Collectors of Customs is annexed. The Lieu- teaant Governor is not aware of any other instructions having been given either to Collectors, Sheriffs, or Clerks of the Peace, respecting their personal attendance to the duties of their situa- tions. When the right to appoint a deputy is conferred by law it cannot be disputed by the Executive Government. The officers, however, holding these appointments become responsible to the. Jaw of the land for their canduct and for a correct discharge of their duties ; and are liable to be removed by the crown. The Lieutenant Governor transmits, in compliance with the same address of the House of Assembly, a Return of persons who were members of the last House of Assembly, and who have ac- cepted offices of emolument under the Provincial Government Kltuun. 301 since the Genera! Election in 1830. — Tha places and situation* which they hold, were conferred in the same manner as appoint- ments have been always made to similar officer?, and in the man- ner required by the laws of the Province. The Lieutenant Governor, in compliance with the same address of the House of Assembly, transmits also a Return of all members of the present House of Assembly, who hold offices or employments ■of profit and emolument under the British/ or Colonial Govern- ments, or who enjoy pensions, half pay, or retired allowanc?s, so far as the Lieutenant Governor has the means of procuring infor- mation on these subjects. When the duties of such officers are not precisely directed by law, the Lieutenant Governor can only assume the nature and ex- tent of them from the statements of the parties themselves, which JiTive for this purpose been called for, and to which the Lieutenant Governor refers the House. The Lieutenant Governor is requested by the same address to give whatever information it may seem to him proper to communi- cate in respect to the powers, duties, and responsibilities of the Executive Council ; how far that body is responsible for the acts of the Executive Government, and how far the Lieutenant Govern- or is authorized by His Majesty to act with or against their advice. Upon this request of the House of Assembly the Lieutenant Governor acquaints the House, that in respect to the powers of tha Executive Council-— in ne^asq, he believes, are powers committed to them, except by the express provisions of British or Colonial Statutes, which are known to the House of Assembly. In respect to the duties of the Executive Council in addition to those which are imposed by statutes, it is necessary that the Exe- cutive Council should concur with the Lieutenant Governor in de- ciding upon applications for lands, pursuant to His Majesty's in- structions, and in making regulations relative to that department of the Government. It is also the duty of the Executive Council to afford their advice to the Lieutenant Governor upon all public matters referred to them for their consideration. The responsibi- lities under which the Executive Council discharge this important and confidential duty depend upon the principles of our constitu- tion, and upon the law of the land ; and the Lieutenant Governor possesses no sources of information upon this question., which are not equally accessible to every inhabitant of the Province. It i?, of course, generally understood that the Lieutenant Governor, for the time being, and members of the Executive Council, are respon- sible to His Majesty's Government for their conduct, and are re- movable at the pleasure of the King. In reply to the last enquiry contained in the address, the Lieu- tenant Governor acquaints the House, that where the provisions of any statute require the concurrence of the Executive Council to an act of the Government, it cannot be dispensed with, and what- ever responsibility attaches to the particular act, must obviously be shared by the Executive Council. In other cases, it is to be presumed that the Lieutenant Governor for the time being, exercises his judgment in regard to demanding the assistance and advice of the Executive Council, except he is co".*^e. to a certain course by the instructions of His Majesty,, T2 302 Executive Council. Upon the subject of these instructions, the Lieutenant Governor is of opinion, that it would be inconsistent with his duty, os the House of Assembly appear to conclude* to entei into particular ex- planations without the consent of His Majesty's Government. Government House, 20ih February, 18o5. No. 92. (A.) The Executive Council* Statements topied by W. L. Mackenzie, Esq. from ihe Records of the Executive Council, in the Colonial Office : [copy.] u Quebec, 14th Sept. 1811. — Sir : — Herewith you will receive an additional instruction from His Royal Highness the Prince Regent, appointing you in the name and on the behalf of His Majesty, as the Senior Officer, commanding the troops in Upper Canada, Senior Member of the Council of that Province, to enable you to succeed to the civil administration of it upon His Excellency Lieutenant Governor Gore's availing himself of the leave of ab- sence which has been transmitted to him by this opportunity." — " I have the honour to be, &c. (Signed) GEORGE PREVOST. "To Major General Brock." [copy.] "In the name and on the behalf of His Majesty — "George, P. R. ADDITIONAL INSTRUCTION. [L. S.] To our trusty and well beloved Sir James Henry Craig, K. B., and K. C., our Captain General and Governor in Chief in and over our provinces of Upper and Lower Canada in America, or in his absence to our Lieutenant Governor or Com- mander in Chief of our Province of Upper Canada for the time being. Given at our Court at Carleton House, the 13th day of July, 1811 ; in the 51st year of our reigir WHEREAS by the fourth article of our general instructions bearing date the 29th day of August, 1807, WE did nominate and appoint certain persons therein named to be members of the Ex- ecutive Council of Our province of Upper Canada, NOW WE do hereby revoke, annul, and make void so much of the said fourth article of our said instructions as relates to such nomination and appointment. And We are hereby pleased to constitute and ap- point Gordon Drummond, Esq. Major General of our Forces, or the Officer commanding ourProvince for the time being, Thomas Scott, Esq. our Chief Justice, or lhe Chief Justice of our Pro- Magistrates. 393 > for the time being, Jacob, Lord Bishop of Quebec, James Baby, Alexander Grant. John McGill, and William Dunnner Pow- ell, Esquires, to be members of the Executive Council of our raid Province of Upper C :ned) GEORGE P. It." '•To Sir Ja:-:i < H. Craig, K. is." It appears that it is the duty f the Lieutenant Governor to- take the opinion of the Executive Council only in such cases as he shall be required to do so by his instructions from the Impe- rial Government, and in such other cases as he may think fit. It appears by the following transactions that the Lieutenant Gover- nors only communicate to their councils so much of the private despatches they receive from the Colonial Office as they think lit, unless in cases where they are otherwise specially instructed : Colonial Office' 20th May, 1808.-,F. Gore. Governor, requested the advice of the Executive Council, relative to the time of dissolv- ing 1 the present Parliament and convokinga new one — they respect- fully concur with His Excellency in opiniion that the writs, &c. should issue forthwith. [copy.] Council Chamber, at York, Sat. 8ih Oct. 1808.— Present F. Gore, Lieutenant Governor, Chief Justice Scot?, John McGill. — His Excellency laid before the Council the following extract of a let. ter addressed to nun from Lord Castlereagb, Principal Secretary for the Colonies, d§ted Downing Street, 14th June, 1808. '• His Majesty has been graciously pleased to approve of your recommendation of Mr. McGill to succeed Lieut. Colonel Shaw as one of the ordinary members of the Executive Council, and Mr. Powell and Mr. Seloy to be honorary members of that board." " In conformity to the obove significat on of His Majesty's plea- sure, His Excellency aid administer the oaths required to be taken by the members of the Executive Council to William Dummer Pow- ell and Prideaux Selby, and they took their seats as members.'' 25-h Oct. Lieutenant Governor Gore, came to the Council and ordered summonses to Messrs. Powell and Selby to attend each council as ordinary members. At the Council Chamber, York, 13th July, 1S09, Lf. Governor Gore laid before the Council the following extract of a letter that had been addressed to him by the Secretary, Lord Castlereugh : " H s Majesty has been graciously pleased to approve of your re- commendation of Mr. Justice Powell to succeed Mr. Husseii &* au ordinary member of the Executive Council." No. 93. Upper Canada. Be turn of the Magistrates of the Western District &p* sol Magistrates. pointed under a Commission of the Peace dated the Win' November, 1833> After the Members of the Executive and Legislative Coun- cils and the Judges of the Court of King's Bench. Francis Baby, Jean Baptiste Baby, George Jacob, William Duff, John Dolson, William McCrae, William 3IcCormick r William Jones. Israel Smith, Claude Goiun, Isaac Bel!, George Jacob the Younger, William Berczy, Jean Baptiste Ma^on, Charles Eliot,' John G. Watson, Charles Berczy. Lewis Gordon , George Kirby, Duncan McGregor, James Askin, Francis Caldwell, Matthew Elliott, Charles Fortier, William Elliott Wright, John Prince, Joseph Woods, Robert Jones, Duncan Warren, James AV. Little, Joseph Smith, Alexander Walker, Henry Jones, Senior, George Hyde, Alfred Toulmin, Robert Watson, Frome Talfourd, Henry Jones, the Youngt George Durand, Alesa^der Thomas E. Vidal, Field Talfourd, Lewis Rendt, Harry Alison, Arthur William Freear, John Scratch, Piideaux Girty, ROTHWELL. William Ambndge, Secretary's Office, \ Toronto, V3th Feb. 1835. ) I certify that the forogoing is truly extracted from the Re- gistry in this oilice — Book G. Folio 134. c ' D. CAMERON, Secretary acd Registrar- No. 91. Upper Canada. Beti'RN wf the Magistrates of the District of London, * r Magistrates. 305 pointed under a commission of the peace, dated tin 25th July, 1833. After the Members of the Executive and Legislative Councils and the Judges of the Court of King's Bench. Peter Teeple, Thomas Hornor, James Mitchell, Joseph Ryerson, Thomas Boulby, Mahlon Bur well, George C. Salmon, James Hamilton, James Graham, James Racey, Lesslie Patterson, Ira Schofield, Henry Warren, John Bostvvick, John Hatch, Solomon Lossing, Israel Wood Powell, William Wilson, Andrew Dobie, Edward Allan Talbot, Duncan McKenzie, Henry White, James McKinlay, Isaac Draper, Jacob Potts the Younger, John Kirkpatrick, Duncan Campbell, Henrv Carroll, John WaddeJl, Gilbert Wrong, Samuel Edison, John McDonald, Duncan Warren, William Robertson, John G. Lossey, John Burdeck, John Scatchard, Benjamin Wilson, Charles Prior, John Brewster, Peter Hamilton, Colin McNeilledgr, Captain Andrew Drew, Major James Bar wick, James Hutton, Peter Carroll, James Ingersoll, John Bur well, Robert Grey Kirkland, Alexander Richardson, Roswell Mount, Joseph B. Clench, James Nevills, Samuel Eccles, William Young, Colonel Alexander Whalley Light, John Warren, Captain Robert Dunlop, Edward Buller, Captain Philip Graham, Christopher Beer, Thomas Radcliff, Edward Ermatinger, Jnmes Clement Crysler, John McFarlane, Captain Robert Johnson, Eliakim Malcolm, Benjamin Springer, John Boys, William Gordon, (of Zorra) John Philpot Curran, Walter McKenzie, Henry Allison, Richard N. Star, Esqrs.--74. (Off Magistrates, SECRETARY'S OfFFCE, f Toronto, 13th Feb.lSSo, f I certify that, the foregoing is tsnly extracted from the Re- gistry in this office — Book G. folio 117. D. CAMERON, Secretary fy Registrar, No. 95. Upper Canada. Return of the Magistrates of the District of Niagara, ap~ pointed under a Commission of the Peace, dated the 31s* May, 1833. After the members of the Executive and Legislative Councils and the Jadges of the Court of King's Bench. James Muirhead, Robert Nelles, William Crooks, Robert Grant, Peter Ball, Samuel Street, George Adams, George Keefer, Thomas McCormick, Alexander Hamilton, James Cummings, James Macklem, John D. Servos, William Hamilton Merritt, Warner Nelles, George Bali, John Usher, Robert Hamilton, Henry Warden, Daniel McDougall r Mordon Crysler, Thomas Merritt, John Powell Tweed, Henry Nelles, James Black, William Anthony, John Claus, Geo. Stevens, late 76ih Reg> of Foot, Robert H. Dee, David Thompson, Henry William Nelles, Smith Griffin, Benjamin Canby, Edward Evans, Thomas Butler, George Rid out, General John Murray, Robert Mellville, James Lockbart, John C. Bah, William Ball, John Mewburn, Lewis Clement, Ogden Creighton, James Robinson of the Falls* Lieutenant Colonel Philip Delatre, Malcolm Lano-, Jacob Keefer, M \CISTRATES. 307 .James H. Mackenzie, William Mylne, Dr. John Lefterty, George Rykert, James Birdsall, George Connolly, Bartholomew Tench, William Nelles, William Duff, William Smith, Alexander Douglas, James Johnson, Lieutenant Colonel Arthur Jones, Edmund Ricely, Henry Mittleberger, William Adams, James W. O. Clark, John McGlashan, Jun. Cyrus Sumner, Elias Smiih Adams, Captain Tench, Isaac Johnson, Michael Graybiel, Amos Bradsliaw, Duncan McFarland, Lesslie Pattesson, _ John Cleveland Green, Nathaniel Pauling, John Gibson, Richard Wood' ui% John S. Alma, Croweil Wilson, Lieut. Charles Jones, R. N. James Cooper, near Queen- ston, Samuel Birdsall, (Canboro*) W T m..lVL Ball, (Niagara) Es- quires— 34. Secretary'? Office, ) Toronto, 13£/t February, 1835. ji I certify that the foregoing is truly extracted from the Re- gistry in this office, Book G. folio 103. D. CAMERON, Secretary $f Registrar. No. 96. Upper Cas&ada* Return of the Magistrates of the District of Gore, appoint- ed under a Commission of the Peace, dated the 2nd April, 1833. After the members of the Executive and Legislative Councils and the Judges of the Court of King's Bench. William Crooks, John Willson, James McBride, Hugh Willson, William Ellis, James Racey, Matthew Crooks, Daniel O'Reilly, John Second, Philip Sovereign, Manuel Overneid, William Proctor, Thomas Lepard, Thomas Smiih, WHnairi Holme, Elijah Secord, SOS Magistrates. Robert Murray, Richard Beasley, Wiiliam Chisholm, William Scollick, "William Dunlop, William Richardson, Thomas Stephens, AVilliam McKay, Robert Land, Peter Hunter Hamilton, William B. Van Every, Benjamin Wilson, Nathaniel Bell, Alexander Proudfoot, Henry Trout, John Chalmers, John Sterritt, Henry Strange, William Heath, Samuel Crawford, John Watson, John Inglis, Job Loder, William Birt, James Winniett, James Gilpin, William Muirhead, Thomas Armstrong, Hiram Smith, Andrew Gage, James Wilson, Charles Kenned}', of Erin, John Burns, Thomas Fyfie, Hugh Crene, Charles Prior, John Brewster, John Sprau*, Daniel K. Servos, Daniel Lewis, Absalom Shade, Alexander Roxborough, Edward Richie, David Archibald MacNab, Michael Aikman, Edmond Huntley, GeofTry Lynch, Colin Campbell Ferrie, Osmond Charles Huntley, Haycock, Joseph Bowes, George Brown, Charlos Biggars, John Williamson, John Lowe, Thomas Choate, Geo. Chisholm, the Younger, Andrew Todd Kirbv, John Aickman, the Younger, Thomas Harris, James Hamilton, James B. Ewart, William Reynolds, Rowland Wingfield, George Hamilton, Francis Leonard, Esqrs. — 82. Secretary's Office, > Toronto, 13th Feb. 1835. f I certify that the foregoing is truly extracted from the Re- gistry in this office— Book G. folio 93. D. CAMERON, Secretary fy Registrar, No. 97. dipper Caiaada. Rettjrx of the Magistrates of the Home Distri&t, appointed Magistrate*, 30 under a Commission of the Peaee, dated the Q7th llfareh, 1833. After the members of the Executive and Legislative Coun- cils, and the Judges of the Court of King's Bench. Alexander Wood, William Chewett, Grant Powell, Stephen Jarvis, William Thompson, William Tyler, D'Arcy Boulton, James Miles, James Fitzgibbon, Francis Hewson, Frederick Star Jarvis, Robert Charles Home, John Beikie, William Benjamin Robinson, John Scott, William Parsons, Christopher Widmer, James O'Brien BoUchier, William Bunlop, Robert Stanton, John Gamble, William Preudfoot, Wm. Johnson, of Gcorgina, William Turner, William Crookshanks, Lewis x\!go, Arad Sm alley, John Galbrairb, John Bagwell, P-ter McDbnaM, I h C-irtcr, A Ridout, !es Cox well Small, JolfB Lemon, Will ill, Monger- Jose : Lawrence Havden, va John Borlase Warren, Alexander Armstrong, George Ramsay, William Woodin, Thomas Gummersal Ander* son, James W. Hamilton, Edward O'Brien, John C. White, Edward Favel Davis, Malcolm Ross, Arthur Carthew, Charles Stanley Monck, James Adam, Robert Oliver, William B. McVity, William Warren Baldwin, James Winniett, William Gamble, John King, George Monro, Andrew Mercer, Thomas Birchali, Alexander Murray, Robert Gillespie, John Ross, John Spread Baldwin, James Frederick Smith, Peter Paterson, James Q-. Chewett, D>vid Sicilian, Thomas Gibbs Cidouf, .Waller O'lLira, ^ : ,. : vrr.-j T. Demise^, ;rt Harding, John Scarlet, Benjamin Thorne, Pit inrd Gasper, John Ban ick, Simon Lee, .11(5 Magistrate* Joseph Wadswoitti, James Baldwin, Thomas B. Phillips, William Campbell, Josias Taylor, John; Lynch, Francis Campbell, - James Young, George Lount,- William Algo, John Dawson, William Laughton, James Henderson, Archibald Barkei, John Button, Peter Reesor^ John A-nderson, Francis Leys,. Francis R. Tincombe, Charles Fothergill, A. McLean, of Scarborough, Robert Douglas, Hamilton, William Raines, John Mills Jackson Francis Osburhe William Gibbs Thomas Mossington, of Eldon William Bagshaw, of Brock Matthew Cowan, Elmes Steel, Edward Ryall, John Coates, Thomas M'Conkej , John Carthew, John Thompson, of Orillia r Anthony B. Hawke, Thomas Henderson, Andrew Mitchell, Samuel Richardson, Frederick Stephens, of Te- cumseth, Robert Newcomen Algeo, Meyrick Lally, Edward W. Thomson, Es- quires — 122* Secretary's Office, Toronto^ 13th February, 1835. I certify that the foregoing is truly extracted from the Re- gistry in tills Office, Book G. folio 90. D. CAMERON, Secretary <$• Registrar* No. 98. Upper Canada. Return" of the Magistrates of the Newcastle District, ap- pointed under a Commission of the Peace, dated the 9th January, 1835. After the Members of the Executive and Legislative Coun- cils, and the Judges of the Court of King's Bench. £iias Jones, Hi chard Lovckin, 3rlACI3TEA.TES. .311 Alexander Fletcher, Richard Hare, John David -Smith, Itobert C. Wilkins, John Piatt, Robert Henry, Samuel Street Wilmot, Archibald McDonald, Charles Rubidge, James G. Bethune, Benjamin Cumming, John Ta} T lor, John Hutchinson, William Ouston, Sheldon Hawley, John -Covert, John Williams, William Sowdon, David Smart, William Falkner, John Brown, William Shaw, Joseph A. Keeler, John Lester, Robert Reid, Robert Fairbairn, William Warren, Patrick M'Guire, John Huston, Eliakim Bnrnum, James Rogers, Francis Connin, Thomas Car, Thomas Walker, John Steei, Richard Birdsall, Alexander M*Donell, John Hall, John Burnham, George G. Bird, Alexander Sharp, senior, Robert Brown, Jshn Logie, Oheeseman Moe, John Thompson, George Hughes, Thomas Murphy, E-dward Spring Hickson>, Ephraim Sanford, Edward Duffy, 'Robert Hamilton, Daniel Griffith, Jackson S. Stephenson, 5. Dunbar Moody, W alter Crawford, James Thompson, Robert Jameson, James Wallis, Alexander M 1 Andrew, John Darcirs, Thomas Need, George A. Hill, Robert P. Madge, William Smart. John Hay, David Campbell, Francis Shea, Thomas Masson, John B. Crowe, William Robertson, John Gilchrist, B e n j a m i n Thr oop, John Crease Boswell, George Ham., Ebenezer Perry, Robert P, Butcher, Charles G. Buller, Thomas Reed, Henry Duffield, Walter Crawford, William Kingsmill # Dugald Campbell* John Knowlson, Allan Wilmot, Henry Monroe, Asa E. Walbridge, Esqrs— 88. I Secretary'* Office, Toronto, 13th February, 1835. ) I certify that the foregoing is truly extracted from ths Re- 312 Magistrates* gistry in this Office. Liber E, folio 8. D. CAMERON Secretary <§- Registrar. No. 99. Upper Canada. Return of the Magistrates of the District of Prince Ed- ward, appointed under a Commission of the Peace, dated the 15th March, 1834. After the Members of the Executive and Legislative Coun- cils, and the Judges of the Court of King's Bench. John Stinson, James Cotter, Reuben Bedie v Henry M'Donell, Robert C. Wilkinsj Simeon Washburn, James Dougall, Alexander JVl'Dcnell, Hugh M'Doneil, Griffith Howell, Henry Dingman, G william Pemorest, Andrew Deacon, Benjamin Hubbs, Samuel Solmes, Charles Biggar, David Smith, David Walt, Archibald M'Faul, Thomas Nash, Owen M'JVlahon, Donald Bethune, Charles Bocker, David B. Stevenson, William Dougail, Danirl Haxe, David Stinson, James Thompson Lane, Thomas Flagler, Paul Clapp, John P. Ratlin, John B. Way, Thomas M'Mahon, Andrew Kerr, John Lane, Henry Van Duzen, Jacob Howell, John Pepper Dowens, James Fairfield, Peter W. RiUtan, George D re wry, Benj. Weller, Esquires — 40. Secretary's Office Toronto, IBih February, 1 ,i I certify that the foregoing is truly extracted from the Re- gistry in this office. Book 3 G. folio 155. D. CAMERON, Secretory fif Rtgiitrar. Magistrates^ 313 No. 100. Upper dsts&adia. Return of the Magistrates of the Midland District, ap- pointed under a Commission of the Peace, dated VMk December, 1834. After the members of the Executive and Legislative Councils and the Judges of the Court of King's Bench. Robert Williams, John Embury, Thomas Markland, William Crawford, Jacob B. Chamberlain, Solomon Hazleton, Matthew Clarke, Thomas Empey, Thomas Sparham, Benjamin Fairfield, Isaac Fraser, John Church, Samuel Dorland, Christopher German, Charles Anderson, Allan McPherson, James Samson, Anthony Marshall, John Macaulay, Alexander Pringle, Colin McKenzie, Robert Richardson, Richard Lowe, John Turnbul!, William Johnston McKay, Jonathan Allan, Jacob Rarnbough, John Marks, Richard Hitchens, Orton Hancox, Jacob Shibley, William Ketcheson, Thomas Parker, Peter Perry, Anthony Manahan, Samuel Clark, Archibald Caton, William Bowen, Junior, Henry Smith, George A. Ridley, Lawrence Herchmer, Samuel Casey, James McGregor, Adam Krien, Archibald McNiel, James McFarlane, George Baker, William II. Gray, Archibald McDohell, of Hais«i Bank, John Portt, ' Edward Fidler, Allan Munro, Elijah Ketcheson, Thomas D. Appleby, Solomon Solms, Calvin Wheeler, Donald Murchison, Benjamin Seymour, Peter Davy, Edward Howard, Davis Hawk y, William Holditch, William Simpkens, Horace Yeomans, William Logie, Alexander Cowan, Senior, T bo mas Askew, John Strange, Elijah Beach, George H. Detler, Esquire? —70. 314 Magistrates. Secretary's Office, \ Toronto, 13M February, 1834. ) J certify that the foregoing: is truly extracted frcwn the Re^ gjstry m this office— Kook E, folio 4. D. CAMERON, Secretary and Registrar. No. 10L Upper Canada, Return of the Magistrates of the District of JoLnstotnt, appointed under a Commission of the Peace, dated the 22nd July, 1833. After the members of the Executive and Legislative Councils and the Judges of the Court of King's Bench. Joel Stone, Gideon Adams, Stephen Burritt, Richard Arnold, Hugh Munro, Daniel Burritt, Uri Scovill, Phillip Phillips, Lewis Grant, Sylvester Wright, Benjamin R. Munsell, Richard D. Fraser, Thomas Fraser, Alexander Morris, Thomas D. Campbell, Rufus C. Henderson, William Wells, Abraham Dayton, Alexander McMillan, Bartholomew Carley, William H. Bottom, William Morris, Truman Hurd, Henry Burrett, Philip Dulmage, Terence Smith, .Jonathan Fulford, John Weatherhead 8 Justus S. Merwin, Archibald McLean, Alpheus Jones, Henry Jones, Elnathan Hubbell, Dunham Jones, William Brown, James Morris, William R.F. Berford, John McLean, John McDonald, William L. Whiting, Philip Shook, John Deming, William Kay, William P. Loucks, Basil R. Church, Jonas Jones, William McQueen, James Mcllmoyle, William J. Scott, Peter Scofield, M AG I ST ft AT L' J S13 George Brcakenridge, Joseph K. Hartwell, John Leggett, Walter Atkins, Robert Powell, William Freelancf, George Crawford, Samuel Thomas, Junior, George Longley, William Weatherhead, William Brooks, Paul Glasford, John Patton, John L. Reade, ilamilton D. Jessup, Henry Brad fie Id, James L. Schofield, Nicholas Horton, Thomas Shuifield, John Kilburn'e, James Shaw, (Crosby,)? John Hobson, Robert Harvey, Hiram Norton, John R. Berford, Richard Johnson, Joseph Goff, Robert Edmonson, Nicholas Brisee, Esqrs.— 79. Secretary's Office, > Toronto, 13th February, 1835. ) I certify that the foregoing is truly extracted from the Re- gistry in this office — Book G, folio 115. D. CAMERON,- Secretary fy Registrar,- No. 102. Upper Canada. Return of the 3Iagistrates in the District of Bathurst, ap- pointed under a Commission of the JPtace, dated the 12th November, 1833. After the Members of the Executive and Legislative Coun- cils,- and the Judges of the Court of King's Bench. Alex. Thorn, William Morris, William Marshall, George Thew Burke, Alexander M'Millan, William B. Bradiey, James Dent Weatherly John Benning Monk, Joseph Maxwell, Josias Tayler, Sewell Ormsby, Benjamin Street, John Watson, Roderick Matheson, Alexander Eraser, Anthony Lesslie, Donald Fraser, John F. Elliott, 316 if AG 1ST RATES*. Charles H. Sache, Henry Graham, Christopher J. Bell, Robert Stephens, Archibald MacNabb. George Lyon, John B. Lewis, Robert ShirifF, Daniel Baird, Henry Glass, John Ferguson* John Burford, Hamnet Pinbey, William Rutherford FitzWil- liam Burford 8 Daniel Fisher, Matthew Leach, Daniel M'Kinnon, John Grenvit! *, Edward Samuel Bradley, John Richey, Alexander M'Vicar y George Ten nan t, Edward Logan... James Grierson^ John Hutchinson, James Rae, James Wilson,. John Le Briton, James Hume, Anthony Philip, John M'Intyre, Francis Hall, George William Baker,. JMatthew Connell, Daniel O'Connor, Benjamin Billings^ Simon Fraser, Thomas M'Kay r Alpine M l Millan r John Grant, Andrew Buchanan,. James Wylie, Ebenezer Wilson, Joshua Adams, Esquires — €2, Secretary's Office, ) Toronto, IStk February, 1835. J I certify that the foregoing is truly extracted from the R< gistrv in this office* Book G. folio 137. D. CAMERON, Secretary $f Registrar, r*0 103 Upper Canada. Bfturn of the Magistrates of the Eastern District, appoint- til under a Commission of the Peace, dated ike loth day of Jj?c^i L -cr, 1834. After the members of the Executive and Legislative Coun«> cils, and the Judges of the Court of King's Bench. Samuel And< . John M'Intvre, John Chrysler, Joseph Andersen, Magistrates. 317 Lawrence M'Kay, Benjamin French, Alexander Mackenzie, William Morgan, Alexander M'Martm, Duncan M'Donell, Guy C. Wood, Alexander Rose, Ambrose Blacklock, Allan Cameron, Alexander Chisholm, Alexander Fraser, John M'Gillivray, James Pringle, D* Thompson, Philip Vankouglmet, Duncan Cameron, Simon Fraser, John Duncan Cam obeli, Hugh M'Gillis, Peter Shaver, James M'Donell, of Matilda, John M'Donell, of Grey's Creek, Angus M'Donell, John M'Lellan, Alpin Grant, David Jones, John Cameron, Simon Clark, Michael Empey, John Archibald, William Bruce, John Waldroff, junior, Donald M. M'Donell, Alexander M'Lean, William Cline, Alexander M'Donald, [late of Glengarry Light Infantry.] John M'Bean, Donald Catenach, Alexander M'Nab, Archibald M'Donald, Neil M'Donald, Duncan Clark, James W. Powell,- Angus Catenach, Esquires — 49. Secretary's Office, V Toronto, I3tk February, 1835. \ I certify that the foregoing is truly extracted from the Re- ;istry in this oflice. Book E. folio 1 D. CAMERON, Secretary <§ Registrar No. 104. UPPER CANADA. Return of the Magistrates of the Ottawa District,, appointed under a Commission of the Peace, dated the 17th March 1834. After the Members of the Executive and Legislative Coun- cils, and the Judges of the Court of King's Bench. John McDoncll, W2 George Hamilton, 3 1 8 COMMIJ 3SIONERS OF David Pattie, Charles A. Low, Joseph Kellogg, William Coffin, Philo Hall, John Roe, in Brushy Peter Sterling. Ch uncey Johnson^. Bradish Billings, Charles Shiri .V, Neii Stewart, Jc ph P. Cass, Daniel Wyman, i Cairnes, . Elijah Kellog, -c- :es fMolloy, Thomas McKay/ John Chesser, Matthew Connell, James Fox, Simon Fraser, ibald McI>onel r of Os- George S. Jarvis, ode, Elisha, Loukes, r McLaren, Archibald Sterling, Alexr. McDonell, Wjd. Wait, of Longuiel, Es Hugh McLachlin, quires-32. Secretary's Offici, > Toronto, 13th February, 1835. i 7. certify that the foregoing is truly extracted from the Re- gistry in this Office — Book G. folio 157. D. CAMERON, Secretary <$• Registrar No. 105. A Return of the Commissioners of the Courts of Requests for several Districts of Upper Canada, shewing the date of the respective Commissions. P^ision. EASTERN DISTRICT 2eg. f John McLennan, Alexander McKenzie, Donald McPherson. Angus Oatenach, John McBean, Angus McGillis, John Millar,. ? John McGillivray, Alexander Fraser, Alexanc 1 ".- McMartia* David Thompson, John Mclntyre, Alexander McKenzie. MOth March 1334. I fc 10th March 1834. Court op Bequests. 310 5th. 6th, 7th. 8th. Stfc. 1.0th. 3rd. 4th. < Alexander Chisholm, Angus McDonell, ! Allen Cameron, Archibald McDonald, Angus McGillivray, k Alexander McNab, 'Allan Cameron, Donald Catenach, Alexander McDonell (Teacher,) John McDonell, Neil McDonald, Alexander Fisher, Duncan McPhersou, Joseph Anderson, Philip Vankoughnet, Guy C. Wood, James Pringle, Alexander M'Lean, { William Ciine, Noah Dickinson, William Mattice, Angus M'Donell, Benjamin French, , Simon Fraser, Simon Clark, Michael Empey, John Archibald, William Bruce, Duncan M'MilJan, John Waldruff, Jacob W. Empey, Joseph Boccus, ( Alex. Rose, ) George Marklay, Jacob Weagant, John Crysler, William Kyle, John W. Loucks, William Swayue, C John Marsels, < John Cook, I John Dillabaugh, f James M'Donell, [ Duncan Clark, J Jacob Brouse, ] George Brouse, James West, t. Alexander Wylie, ( Hugh M'Cargar, < David Brown, ( John Madock, llOth March 1834. L 10th March 1831 ► 24th August, 1883. 24th August, 1833. 10th March, 1834. 20th Sept, 1833, 10th Sept. 1833, 20th Sept. 1833. S2Q Commissioners of nth. John Crysler, Duncan M'Millan, John Link, junior, J Hector M'Lean, | Alexander M'Millan, [James H. Crysler, 1 19th May, 1834. OTTAWA DISTRICT. Division.. 1st. 2d. 3d. 4th. r Charles P. Treadwell, David Pattie, Chauneey Johnson, Peter Stirling, William Wait, John Wurtele Marston, f John Kearns, I James Molloy, i John Paxton, I John Chesser, I John Buchanan, John Brush, Bradish Billings, Archibald M'Donell, 1 Thomas M'Kay, ! Colin M'Nab, [ William Smith, fNeil Stewart, Elijah Brown, J Charles Hersev, \ John M'Cann, " J William Teasd ale, ^ Donald M'Leod, } 28th May, 1334. ) 20th August, 1333. U 0th August, 1833. }28th May, 1834. I J 1st. 2d. 3d. JOHNSTOWN DISTRICT. Division. f George Longly, | Hiram Norton, -{ John Patton, | Samuel Thomas, [ Philip Bui mage, f Alexandsr M'Millan, } Angus M 'Don ell, \ William M'Queen, ^Duncan Clarke, [John li. Read, J Thomas Buck, <| John Kilborne, Basil R* Church, [Terence Smith, J>22d August, 1834. 22d August, 1834. 22d August, 1884. Court of Requests. m C Stephen Burrett, < Hamlet Burrett, f Andrew J\Ioore, /- Henry Burrett, \ William R. Bethune, J William Ray, ' Trumam Hurd, r Henry Sherwood, I George ?»IaiIock, ! J. B. O. Ford, I John Bogert, Paul Glasford, (.Joseph K. Hartwell, /- John Weatherhead, \ John McDonell, J Benjamen K. Munsell, \ Archibald McLean, C Ephraira Koyl, j Benjamin Hamblin, J Joseph Goff, j Wyatt Chamberlain, ! William Green, I William R- De Rinzy, { George Brackenridge, ) Peter~Schofield, # John Demin«\ ^ Seneca Washburn, f John Legett \ Benjamin Tett, JOth. -C Samuel Halliday, James Stanton, William Manhard, James L. Schofield, W T illiam P Loucks, James Shaw, I William Simpson, C William Brooke. 4th. 5th. 6th. 7th. 8th 9th 11th. > 22d August, 1834. > 22ud August 1834 1 22nd August 1834 ( 22n 2nd August 1834 22nd August 1834 22nd August 1834 id August 1834 22ud August 1834 J)ivision. 1st. BATHURST DISTRICT. J" William Morris, Donald Fraser, Alexander McMillan, Josias Tayler, Roderick Matheson, John McKay, Charles H. Sache, Robeit Bell, Anthony Philips, .John McEvven, >24th August 1833. 522 CoMMISSIONEKS OF led. ftih. Sih. 6th. th. 8lh. George Lyon, George T. Burke, James Hume, J. 13. Lewis, Sewell Ormsby, . Josepli Maxwell, ' Daniel MeKhmon, Daniel Fisher, G. W. Baker, Wjlliam Thomson, Daniel O'Connor, Simon Eraser, J. Anderson, Matthew Connell, John Grierson, George Clark. Euwartl Logan, Henry Edwards, Hamnett Piubey, Archibald McNab, James Mortis, Andrew Dickson, J. McMillan, Andrew Buchannan, George Buchannan. William Rogerson, James Hudgon, James ilea, James \Vyliej John Hutchinson, Matthew Leach, George Tenant, John Hall, John Smith,, rNeil McNeil, John Levingston, John Mclntyre, [John Armour, John Bennett; Peter Campbell! ; James Giimour, John Clarke, Daniel Fisher. Francis Hall, ( Christopher J. Bell, ■' Frederick J. Daniel, ( Thomas B. Moore, 20th Sept. 1831. 2ith August 1833 > 24th Au*i ffiist 1833. 19th Jauuarvl835. 24th August 1^33. 24th August 1833. ClOth Septr. 1833. 10th. Israel Webster, Alexander Duer, Finlay !\|cEwan, C- liu 19th Jaufy, 1635. Court of Requests. 323 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. Division. 1st. Archibald McNeil, | John Campbell, L Calvin Wheeler. r James Frazer, } David L. Thorpe, Peter Perry, J Samuel Borland, Samuel Casey, Jacob Detlor, William Sills, ^ Allan Mcpherson, | James McGregor* J William Bowen, f Archibald Caton. (_ Donald Murchison, [John TuvnbulL, Thomas Parker, . William Ketcherson, J Solomon Hazleton, I Henry Hagerman, "I Henry Baldwin, (_ — Zwick, / Isaac Denike, J Richard Newton, \ Edward Fidlar, v John Anderson, Junr. MIDLAND DISTRICT. Division. ( Hugh C. Thomson, ~| Henry Smith, James McFarlane, i William II. Gray. > Alexander Pringle. John Strange, Archibald McDonell, I Walter McCuniffe, f Jacob Shibley, { William Bolditch, ^ William Lattimore, Junr. ; Lewis Daly, ^ Peter Switzer, r Isaac Frazer, t William J. McKay, Orton Hancox, Benjamin Seymour, William Fairfield, Junr. r Jacob Rarnbough, l , Samuel Clark,' ! William J. P. Kartells. > 24th August, 1 833. 3 1 Y 1st April, 1834. ! 3 l-Oi 24th August, 1833. } 23rd June, 1834, I 3 1 y 24th August, 1833. 10th March. 1834. PRINCE EDWARD DIS1 Hugh McDonell, Henry Dingman, Henry McDonell Andrew Kerr, i 12th April, 1834. 1 321 Commissioners of !nd. 3rd. 4th. 5th. 6ih. 1st. 2nd. 3rd. 4th r Owen McMahon, \ Benjamin Richards, John Lane, Henry Vandosen, Peter Haff, c James Dougall, } J nines Cotter, I William Rorke, •{ Benjamin Hubbs, | Simeon Washburn, t Roger B Conger, Samuel Solmes, {Gwilliam Demoresc Griffith Howell, Peter W. Rattan, ^ Archibald McFaul, • John McPherson, John German, Stephen Niles, Thomas Flagler. Paul Clapp, r- Charles Biggar, ) Robert C. Wilkins, J John P. Roblin, \ William Brickman, t William Anderson, Thomas McMahon, 12th April, 1834. \ 12th April, 1834. 2th April, 1634. y 12th April, 1834. y 12th April, 1834. I NEWCASTLE r Robert C. Wilkins, {Elijah W.Meyers, J William Robertson, J Sheldon Hawley, (.John V. Murphy, f John Steele, i Thomas Reed, •\ Thomas Bailey, • Donald Campbell, (-Joseph A. Keeler, r James G. Rogers, i, E. Barnum, j Benjamin Evving, j Richard Hare, j John Taylor, C John Grover, r James G. Bethune, Robert Henry, Walter Crawibrd, Elias Jones, ^ Asa At. Burnham, William Hartwell, Charles G. Buller, Archibald McDonald, (_ George Ham, DISTRICT. > 24 th Aug. 1833. i I i )> 2nd October, 1833. 24th Aug. 1833. 24th August 1833. ..: of Bequests. 32; 5th. Oih. 'th. 5th. 9th. 10th f Richard Bullock, 1 John !). Smith, i Wi I am Sowden, s John jj urnhami D. b 1 1 J- 2 Itli August 1 ■■ > I Tb »6DSOI1, LWii'iaiii VVallis, \ Samuel S. VViJnaot, William Mclatosh, Richard Lovekin, ) William Warren, John Scott, Asa 3. W aid ridge, David Burke, ^ G. Smart, \ G. Hughes, William Lawson, Patrick McGuire, i hn Thompson, George Elliott, A lexander Brown, John Huston, ristopher Knovvlson, Sen'r, y Ewing, J Duncan Cameron, J Daniel Williams, ;ae Irish, ! Israel Ferguson, ^ Kenneth McCaskill, !nas Mitchell, •Donald, m Cottingbam, ii ichard W. Marmion, C Charles Rubidge, John Hall, ! William Smart, "{ Daniel Griffiths, ' I • E ph rai 1 n S a n Cord , 24th August 1833. 24th August J Edward Qjcksou, ^ Robert Reed, / Richard Birdsall, 5 Thomas Walker, 11th V Thomas Carr, Adam Starke, f James Thompson, • Robert Reade, 12th \ Robert Bjrown, ', Thomas Trail, 7 Samuel Strickland, lac Blair, in Piatt, Junr. 13th { James Piatt, ings, / Comfort Curtis, X2 /10th March, 1834. \ 10th March, 1334. \10th March, 1834. i ■ > 24th August 1833. > 24th An ust 1833. 10th March, 1834. 326 Commissioners or ■ (■Robert P. Madge, } 14th J Thomas Need, >2 1 John Darcus, ) John Tice, lanney, jscount, R. N. 1th August 1833. 28th June, 1834. 1 nth ( Thomas Allan, U \ Benj. Butler R \ Philip Le Vesc {Cheeseman Moe, ^ l }™. Lo f, ie ' A 1 27th May, 1834. V. llham Purdy, ) David Culbert . AsaE. Waldridge I AsaE. Waldridge, p\ 0ra f S A J i Gl '° Vei ' T j 2/th May, 1834. 17th < Robert Adair, j i Edward DrewrT. Edward Drewry Alexander Coulter, Divisron. HOME DISTRICT. 2 Hayde i John B. Warren, r Lawrence Hayden, 24th Aug. 1833. John Farquharsou, Daniel Griffin, Charles Foihereill, , ) Francis Leys, T ^- Galbraith. ) r ran( i John ' H. Boys, r Alexander Wood, Robert Gillespie, 5th. 3rd. J James Edward Small. I John G, Spragge, (. William Hepburne, , Benjamin Monger, , . ) Francis Campbell, 4th ' \ John Lemon, ( John Scctt, , C. J. Baldwin, WilMam Campbell, John Coates, ( Edward Vv. Thomson, r John Gamble, I William Thomson, 6th. I F. S. Jarvis, j J. McGilt, J Thomas Magrath, j- James Miles, j Hector McQuarric, " Wiliam Parsons, I 04th August 1833. ' l1 '- \ Benjamin Thome, I Simon Lee, I David Bfidgford, Court of Requests. ;27 8th. 9th. 10th. 11th. 12th. 13th. 14th. 16Lh. 17th. / William Crooksliank, \ John Anderson, \ Jp.mes Young, v Richard Gapper, / William 13. Robinson, J James Henderson, i.Thomas Henderson, ^ William Roe, f Francis Ilewson, ! Lewis Algeo, ■{ Samuel Lount, {•George Ramsay, (jJohn Dawson, ^ Arad Smalley, \ James O'Brien Bouchier, ( William Johnson, r Henry Stennett, Matthew Cowan, (George Spence, y John Cobean, . ( George Snell, 15th. ( James YV ill I an* Hamilton, Thomas G. Anderson, William YVoodin, Andrew Mitchell, Samuel Richardson, William Simpson, Robert Oliver, Edward F. Davis, Edward O'Brien, Arthur Carthew, John Carthew, John Thompson, Elms Steele 3 William Turner, William Gibbs, L. McLean Cameron,. John Edward White, Duncan Cameron, S 24th August 1833. ] J>24th August 1 833. I /24th August 1833. J I 19th May, 1834. 24th August 1833. 24th August, 1833. 7th Feb'v, 1834. Division. 1st. GORE DISTRICT. Richard Beastey* Daniel K. Servos, Elijah Secord, John Young*, .Ravi d Mcf^ ab, 24th August, 1833. 0)0 Commissioners of 2nd. 3rd. 4th. i 5th. 6th. 6th. 9th. lOih. 11th. 12th. , John Willson, \ James, G:ige, ' Hugh Willson, J Henry Banner, > John L. Lawj -» Matthew Crooks, I Alexander Roxburgh, Job Loder, John Aikman, Junr. John Haycock, f Wiliiam Richardson, | James Racey, James Winner. >34lh August, 1S33. Reuben Leonard, m Holme, L William Muirhead, f William Dickson, junior. Absalom Shade, Robert Murray, { John Smith, George Stanton, Robert Bellingal, Vedd, \ William Scollick, \ Rowland Wingfield, ( Williarii Heath, f Thomas Smith, I William Reynolds, -{ David Gilkisou, j George Wilson, [Jam ;er, f Henry Strang e 5 i Edmund Huntley. : :rge J. Mackelcan, i George Lamprey, L Robert Ailing, k William Trout, \ Jehu M'Kee, ( Donald MAiillan, f Thomas Fyfe, I John Burns, J James Laid law, I Alexander Campbell, L James Hume, ( Alexander Proudfoot, i George C3 { Charles Biggar, 1 Peter Henry, tLevi Willson, CWil v. < George Ghisholm, ( Joseph Ireland, i Feb. 1834. f 30th Oct. 1835. 4th August, \ 11th Nov. 18i J \ 24thAufeust, 1833. 24th August, 1833. \ 24th August, 1833. 24th August, 1833. 24thAugus . Court of Requests. 329 r Manuel Overfield, ! Thomas Racey, 13th. ^ James L . Ewart, j Andrew T. Kirby, |_ J nines Durand, } 24th August, 1S33 Division. 1st. 3d. ■itii. 5th. Gth. 7th. NIAGARA DISTRICT. f Robert Grant, 1 Robert Melville, James Lockhart, . Richard Woodruif, j Willialn Servos, Wiliiato M. Ball, iel M'Dougail, L.John Lyons, rOgden Creighton, | Gilbert M'Micking, ■{ J >hn C. Green, | James Robinson, 'colm Laing, r George Mackenzie, | Alexander Douglass, { William Powell, '■ James Johnson, Lilian] Smith, r_ Tench, I Crowell W*W.n iimior, I 0..»o— M 'Fan anil, ' Phineas Robinson, I Michael Graybiel, f James Black, I George Keefer, J William Adams, | Charles K. Fell, j Moses Brady, ** John M'Glashan, junior, fjolin Clark, William Hamilton Merritt, George Adams, i Robert Burns, 1 Joseph Clark, Henry Mittleberger, Oliver Pheh33, L Wil'iam White Ramcock, f Henry Nelles, | Smith Griffin, 31st Oct. 1833. I J 330 Commissioners of Benjamin Canby* William Robertson, t ( Thomas Hardy,, John Upper, Philip Dean, William Hardy, ('Andrew Thompson, /Samuel Birdsall, 9th. )AlpheusS. St. John,. ( Warner Nelles, / James Winnett, I Edward Evans, I ©avid McFarlane Field, !f Geoffrey Brock, Hall, James Stewart, William Steel, William Wilson, James Hector Mackenzie, 1 \ 28th May, 1834. I 20th August,1833. a 1 12th April, 1834. LONDON DISTRICT. Division. 1st. 2nd. 3rd. 4th. 5th. ' George (J. Salmon, Colin McNeilledge, ' John Kirk-Patrick, ^William Wilson, William Salmon, ' James Graham, James Blaney, Donald Fisher, Henry Webster t . V Robert Grey Kirkland, / Isaac Draper, l Andrew Dobbie, / Gilbert Wrong-, Philip Hodgkinsbn, Henry Warren, John Bostwick, Edward Ermatinger, John Waddle, James Hamilton, John Warren, (" Lesslie Patterson, John Pierce, Stephen Baccus, ^ Donald Currie, George Munroe, John C. Gillies, I Ewen M'Kinlay, 29th Sepfr, 1§34 V 6th Jaauarv, 1834. 24th August, 1833. 24th August, 1833 9th August, 1833. Court of Revests. 331 6th. 7th. { 8th. 9th. 10th. iltb. 12th. 13th. J. B Askin, Ira Schofield, B. B. Brigham, William Robertson, f Walter M'Kenzie, f Benjamin Springer, R. N. Starr, I William Young, | William Radcliflf, I James Peel Bellair, Christopher Beer, Robt. Johnston, Th©mas Radcliff. James Craig, Joseph B. Clench, John Philpott Curran, Harry Cook, ( Peter Carroll, < James Ingersoll, ( William Gordon, ( Joseph Woodroe, < Solomon Lossing, ( William Hardy, ^ James Barwick, Andrew Drew, James Hutton, Alex. W. Light, John Hatch, E. Buller, ? Thomas Horner, Eliakim Malcolm, John Kelly, John Weir, John Moore, William Dunlop, Robt. Dunlop, Charles Prior, John Brewster, 18th Sept. 1833. 28th July, 1834. >28th July, 1834. 24th Aug. 1833. 24th Aug. 1833. ) 24th Aug. 1833. 24th Aug. 1833. 24th Aug. 1833. Division. 1st. WESTERN DISfftlCT. f William Elliott, | Charles Askin, <( Alexander Chewett, j John L. Williams, I Charles Baby, >24ih Aug. 1833. Commissioners. 2d. 6th. 7th. 8th. . Charles Rerczv, ^ Robert Reynolds, ~J Francis Caldwell, ' William Duff, r Prideaux Girty, J Joseph Wigle, \ Thomas Renwick, ' J. Scratch, James W. Li, tie, James D. Dolson, John J. Roe, James Price, Jeremiah Declute, r Joseph Wheatley, I William Mash, / David Baldwin, \ Duncan Warren, 1 James Cai swell, ( Duncan M'Gregor, f George Jacob, junior, J Peter Paul Lacroix, j Robt. S. Taylor, v. Christopher Arnold, senior ) Henry Van Allen, William M'Crae, v George P. Kerby, ( Samuel Arnold, I Nathan Com vail, ( Alex. Wallen, I WillianxTaylor, v James Bogert, / Henry Jones, VVitfiam Jones, Claude Covin, James He nderson , Ant- us M 'Donald, [ G.Hyde, \ Alfred Toulmin, i Robert Watson, j Frome Talfourd, j George Da rand, V Field Talfourd, ? 28* Mav, 1834. s I j 24th Aug. 18-33. I \< 2S0i May, 1S34. LOth March, 1834 oihNov. 1S33. 10th March, 1834 10th March, 1834 Government Office, 20th February, IS 3,-) WILLIAM ROWAN, Civil Seen iary. Collectors and Inspectors. 333 No. 10G. Inspector General*s Offn e, Toronto, 17th February, 1835. Sir, In obedience to His Excellency's commands, I Lave the honor to state for the information of the House of Assembly that Collectors and Inspectors, on their appointment, are given to. un- derstand that they must be residenl at the ports ami places which have been duly established for those offices. Jt having been intimated to the Lieutenant Governor some tinui since, that in all cases there was not a proper compliance with those instructions, I had the honor of transmitting a circular, the copy of whl.h is herewith inclosed. I have the honor to be, Sir, Your obedient humble servant, To Colonel Rowan. &1C. &c. &c. GEORGE H. MARKLAND, Inspector General, No. 107. Inspector General's Office, 4th November, 1833. (CIRCULAR.) Sir, I have the honor by the direction of His Excel'ency the Lieutenant Governor, to acquaint you, that as His Excellency understands that the duties of Collectors of Customs are in seve- ral instances altogether performed by Deputy, he requests that the Collectors of the Province may be informed, that it will not be.in his power to continue any Collector in office who does not reside at the post under his particular charge, and execute the duties demanded of him. I have the honor to be, Sir, Your most obedient humble servant, GEORGE H. MAEKLAND, Inspector General. To Collectors. [A true copy.] Y2 334 Return. No. 108. A Return of Persons, who were Members of the last Hougt of Assembly, who have accepted offices of emolument under the Pro- vincial Government, since the General Election 1830, with the places or situations given them. PLACE OR SITUATION. Jtiebatd D. Frew, Collector of Customs, Brockville, Philip Vankoughnet, Inspector of Licences, Easteru District, Donald M«Donaid, Do. do. Ottawa Uijlnct, Wihrara Chbholm, Collector of Custonn, Oaivillc,. i' 50th December, 1«31- lOtb October. l^Si. btli March, 19th August, I&S4. WILLIAM ROWAN. Civil Secretary. Government Office, 20** February, 1835. © 6 5^ g e s S ^ «s R R « r«eg ty « *- s fe, co Vi ° «§ SI® p K *> © h ^ Cut ^ "Ki S - sS rM - S^ ^ ■SO sT 53^ g Cl< 5 £&,*$ E? 2 •» s> I rt O Return^ 5 ^~ S r-So .£ B cy £ on O O u «- * CD *■» .5 (3 H « t U S o o " jd 3 * S g bii-E — ~< j* a *- c ** u -" B ■» « o a 335 o| x 2 SI e'5 2 • — i« := « a » cs ♦* g «i O rt » c — s rt ^ w B -2 ts S ° O 4» t- 1 -* 31 c^ 1 a fe3 2 < i; s I ^ J 1 £>Q E3 o g «1 o R pq m V bfl iw o 4) ^ o „- X -5: 335 Return. mT t> ? o o g° S3 O « ^o ""£'* *£ja. . «- > «) — a g ° «5 « a'.- » S Ofc „ •— , c K '-£ x •£•,£ «« ^ « D 2 C d c-o o ~ <« £ w S >- oj ^ £ — .O e3 - ■g *g £ ,*- *r o £ «SS I 5 a is R ^ o >, s. - 3 £2 "~ c 05 ™ O art u o a-« » 53 ~ J3 g g C '— -3 O 3 75 WO a « o = ° CJ 05 o'i 3 («-. CS o a i- . — SJ £ i* c > i £3 35 — t '*- • 2 «3 Si) o? _ aj Z£ bi' 1- 3 v as (». - s e e v -H 7- ^ *" 8 % ~ a -to? !r ^ 2 T3 »- ■ S«e im o5 & o o ~» i&-:«li;s-s J 3 .•- D * - •_ 4)— ■ o"j=— p-^c;>a5 « r Vj" •- c fe'5,2 to.W- , **cB«**S3 ^ (to. -c S _ ci tj .2 2 S CJ-2 12 S 3- js -r s P- c "■3 c r~ — « S -s - .2 I c*i s tot £ » -£ f ° 2. Stir's «"S-2 o-H »- 05 # «J *•> « es S g6^-;^- ^ ^ C r» S3 05 S p:-3 03 S feg « a w; -— £j 3 !i O £ c """ t? B a 3 w -2 3 05.2 ~ 2 C3 3 -- rt 05 3 , r •> '^ '""' O « - iS ?»-£ « £ *- »- C *'S'S c ea is .- « =5 a o o 3 . ; — 1 nr "3 _^ a p O 3 'i t J £ -2 2 4 ~ >» «£ Sill JD 93 "O s. © - ■= ° ■- * ° c ■- 2 - c ^.-* £ O ;- -:■ - t a .2 "T > tr -' jc t_ H 03 - B — - T3 E £ — •- V S u jS aj E — B "". -.- r~ — BE aj SJ '3 -3 *■ - g £ aj 'a ;; 5 — ■ , m ■ <& 3 ■s, R ITT RX. n o -■ *- Z © v o v a „ 2 = ~3_iE^ gT-S _V j e « « «.2 £- fcj£ ^£"?o > c S 3D 6 " o = « C .x - 3 oc S> CU * « « I -C fl rH ~ S?S« = •« *S -o °;bO«, a "~ aT >-. x >- *" ! 338 Post Office. Wo. 110. Address to His Excellency for information relative to Uie PosUOfjicc Department. To His Excellency Sir John Colborne, K. C. B. t Lieutenant Governor of the Province of Upper Canada, Major General commanding His Ma- jesty's forces therein, fyc. 4'C Sf£, May it please Your Excellency: We, His Majesty's dutiful and loyal subjects, the Com- mons of Upper Canada, in Provincial Parliament assembled, humbly request that your Excellency would be pleased to obtain from the Deputy-Postmaster-General at Quebec, and that there be laid before this House, for its information, at as early a period in the present Session as the nature oi the enquiry will admit of, A return of the establishment of the General-Post- Office in Upper and Lower Canada, and in each of the other Colo- lues in North America for the years 1832, 1833, and 1834, stating the number of Postmasters and Deputy-Postmasters in each Province, the amount of salary, allowances and emo- luments; and the name of each Postmaster and Deputy-Post- master in Upper Canada; shewing the salary, allowances, fees and the whole income they severally receive, and from what sources it is derived, and the authority under which the same }s paid them ; stating also the gross amount of Revenue col- lected a\ each Post-office in Upper Canada, and the whole expense of collecting the same ; with the contingent expenses incurred in the Canadas in detail, so far as it can be shewn ; particularly the expense of conveying the Mails, with the name of each Mai!- Contractor, the amount received by him, and the rates at which the Mails are conveyed. A return of tho gross amount of postage in Upper and Lower Canada, and each of the other Colonies in North America, distinguishing each, curing each of the years 1832, 1833, and 1834; distinguishing also the amount of news- paper and pamphlet postage charged from the amount of letter postage received at each office, and shewing in what manner the proceeds have been applied. A statement of the gross amount of newspaper postage paid by each printer or proprietor of newspapers in the Ca- nadas and other Colonies in North America, in each of the years 1832, 1833, and 1834, shewing in what manner the proceeds have been appropriated, with copy of any orders, Post Officii 33[> despatches, or other authority under which such postages have bees exacted in the Colonies during the last ten } ; ears. A statement, shewing in detail, the emoluments of the De- puty Postmaster-General of British North America, whether from salary, fees, allowances, newspaper postages, pamphlet postages, per centages on the collection of United States hit- ter or newspaper postage, or from any •'"•her source whatever, during the years i832, 1833, and 1834, and shewing the au- thority under which he receives the several items of income. A statement shewing the postage paid by the Patriot news- paper, first published at Kingston, and now in Toronto, from the commencement of the series, with the dates of the seve- ral payments. A statement shewing the sums remitted by the General- Post-office Department in Canada and the other British Colo- nies to the General-Post-office, London, and also the United States postage, remitted to the Post-office Department of the United Srates, in and for the years 1827, 1828, 1829, 1830, 1831, 1832, L833, and 1834, end stating the balance now in the hands of the Deputy-Postmaster-General at Quebec, and the period up to which the last remittance to London was made. A statement of the amount of monies found in the dead or misdirected letters in the British Colonies in North America, from 1827 to 1834, both years inclusive, and shewing the purposes to which it has been applied. A statement of the amount of Colonial postage, whether on letters or newspapers, charged at Quebec and Halifax, to the Department in London, and collected, or intended so to be, in England or other parts of the King's dominions be- yond North America for 1832, 1833, and 1834. A return, shewing the several classes of persons who frank letters, or who have the privilege of transmitting letters thro* the Post-office at reduced rates of postage, with the extent to which their privileges extend. Had it been practicable to make out a separate and distinct statement of the revenue raised by taxation in the Post-office Department in this Colony, with the expediture, we would have confined our enquiries to Upper Canada, but as the amounts of the several Colonies are blended together, we have requested such information as would shew the effects of the system now in operation, aud which it has been recom- mended to us to alter and amend. M. S. BIDWELL, Speaker, Commons' House of Assembly, > 21st day of FebV, 1835. J> 310 Indian DEPAnTtajSirr. ANSWER TO THE ABOVE ADDRESS. Gentlemen, I will direct a copy of of this Address to be transmitted tothe Deputy Postmaster General at Quebec, in order that he may furnish the information required by the As- M;mb!y. (Copy) GENERAL-POST-OFFICE, Qceeec, 6:h ?\larch, 1835. Sim, I hasten to acknowledge the receipt of your letter of 'die 25lh February, enclosing copy of an address from the House of Assembly of Upper Canada respecting the Post-office De- partmsnt under my charge, and requesting me, by command of His Excellency the Lieutenant-Governor, to furnish, for the information of the Assembly, the Returns required by them as soon a« possible. I bag leave in answer to your communication to inform you, for the information of His Excellency, that I shall im- mediately set about collecting and compiling the great amount of information required, or as much of it as the means at my disposal will enable me to obtain ; bat as an act of justice to myself and to prevent disappointment, should the voluminous Returns called for not be ready so soon as might have been expected, I must observe, that the task prepared for me is a heavier one than can be imagined by any one not conversant with the subject and \vil!, x with my very limited assistance and the necessity of keeping the current duties of the Department going, necessarily occupy a considerable length of time. I have the honor to be, &e. T. A. STAYNER, D. P. M. Gen'f. Lieut. Col. Rowan, Ci out. Col. Rowan, \ City of Toronto, > Upper Canada. ) No. 111. Indian Department. No part of the Expenditure of the Judicial, Civil or Ecclesia! Ileal Establishments in Upper Canada is defrayed by Enciand :- Indian Department. 34 1 all these expenses are now paid from the Revenues derived from the people of the Province ; and that too, on a scale of ex- travagance far surpassing any other part of the North American Continent, and in most eases without the consent of the people themselves and in direct opposition to their wishes and interests. •' The Blue Book" shews that a small sura is annually expend- ed out of funds derived from England on what is called '-The Indian Department," it is so inconsiderable as scarcely to be worth notice ; but small as it is, the following extract from the Sessions papers of the House of Commons for 1833, will shew that it is fast progressing towards a total abolition. The Blue Book mentions that the following persons were paid from England last year — the sums in Halifax Currency, opposite their respective names, on the whole and it is prob- able that a sum under ,£2090 a year is remitted to keep up sine- cures and pensions, under this title. Jas. Givins, Chief Superintendent Indiau Department, £412 J. B. Clench, Superintendent do. 241 T. G. Anderson, do. do. 241 G. Ironside, do. do« 241 J. Winhiett, do. do. 241 W. Jones, Assistant, do. do. 123 Extt? vct from the Estimates for the Indian Department in Ca- nada* fir Fivz Quarters to Slsi March, 1833, ordered by the House of Commons io be printed* Downing Street, 14th February, 1632. SIR, I am d rect.ed by Viscount Goderich to transmit to you for the consideration o r 'i:he Lords Commissioners of the Treasury* the inclosed estimate of the charge of defraying the expense of the Indian department in Upper andXower Canada* for the year 1832 , amounting to £20,000. This Estimate is now for the -first time submitted to their Lord- ships in iis present form. They are, however, doubfiees aware that the expense for which it is meant to provide has for many years b >en defrayed by this country, the charge for the presents having been voted in eonj motion with that for liberated African?, convicts, &c. while the salaries and pensions of the officers of the Indian Department have been paid from the Military Chest provided for out.of the Army Extraordinaries. This practice is so extremely irregular, that Lord Goderich is decideilly of dpinion that it ought no longer to be continued ; and he ha.3 therefore directed the sum required to meet the whole ex- pense of this service to b : included in the accompanying estimate. H;s Lordship greatly regrets the necessity of proposing that Par- liament should^!;? asked f.-r so large a grant. He has, however, to observe, that the presents which for a long series of years have been annually distributed to the Indians, are due to them partly on the faith of Treaties for the purchase of their Lands, and for services rendered by their. Tribes in former Wars; the remainder by cus- tom solony established that all the general officers who have served 342 Indian Department. in Canada concur in opinion that any sudden alteration of the sys- tem would excite great dissatisfaction amongst them, and be pro- ductive of considerable inconvenience to the Local Governments. Under these circumstances it would be alike impolitic and unjust suddenly to discontinue the issue of the customary presents, but Lord Goderich trusts that their amount may gradually be diminish- ed in proportion as the Indians can be induced to settle and to adopt the habits of civilized life. By the accounts, which have been at various periods transmitted to the Lords Commissioner^ it appears that very great reductions have already been made in the expense of this department ; the amount of the presents having been reduced since 1816 from £117,500 sterling, to about. £16,000, and the charge of the establishment and pensions from £16,200 to j£4,400. Even this sum for the establishment may appear considerable, but the duties of the officers of the department in time of peace, accor- ding to the statements of Sir James Kempt, are various and impor- tant ; much discretion is required for their faithful and satisfactory discharge, and from the remote, and in some measure uncontrolled situations in which these officers are sometimes placed, it becomes necessary to rely almost implicitly upon their integrity and judg- ment. For these reasons it is essential that the salaries should be suffi- cient to induce persons of character and responsibility to fill the appointments ; indeed such alone can obtain the confidence of the Indians. The strength of the establishment has also been recently dirni- nisher 7 , and the present scale was fixed after much consideration by Sir George Murray. Lord Goderich is therefore of opinion that it is impossible at pre- sent to make any further reduction either in the number of the indi- viduals employed or in the amount of their salaries, without impair- ing the efficiency of the department in a manner which must neces- sarily be productive of very serious inconvemence. The presents to be distributed are purchased under the direr of the Board of Ordnance, according to the requisitions fun '-Ik d by the local authorities, and which they have received the gtri injunctions to keep within the narrowest limits. The presents being as I have already stated, partly given to the Indians in exchange for the lands of which they have resigned pos- session, a portion of the expense ought to fall upon the Revenue derived from the sale of those lands, and Lord Goderich trusts that an arrangement for that purpose may, before next year, be effected ; but as the largest part of this charge has been incurred under Trea- ties entered into with a view of securing the services of the Indians in wars for British and not for Colonial interests, Irs Lordship is cf opinion that the burden cannot be thrown (as at first sight would appear reasonable) upon the inhabitants of Canada. I am Sir. Your most obedient humble servant, HOWICK. To the Hon. J. H. Stewart. Lndiax Department. 543 Indian Department, Upper and iLov/er Canada. Estimate of the Charge of defraying the expense of the Establishment of the Indian Department in Upper and Lower Canada, from the 1st day of January, 1832, to the. 3lst day of March, 183-3. £25,000, Clear of Fees and all other deductions. PAY AND LODGING MONET. 102 o <± 75 50 0, 20 Oi ►STERLING. LOWER CANADA. £ s. d\ Secretary, Quebec, \ 239 Superintendent,.. Ditto,... , 239 Interpreter, Ditto, j 107 3 4 Ditto, Ditto, , Missionary, Ditto, , Ditto", .. Ditto, Schoolmaster, . . . Dfttb, Superintendent.. Montreal, j 231 Interpreter, Ditto, i ; ri 3 4 Ditto, Ditto...... J 102 3 4 Resident, Ditto I 131 Interpreter, Ditto,, ! 102 3 4 Missionary Ditto, \ 50 ! Ditto";. Ditto,. ; 50 Ditto, Ditto,,...., I 45 0J UPPER CANADA. Chief Superintendent, j 400 0j Superintendent at the Bay of Quinte' and Rice Lakes, , \ 221 0j Superintendent at the River Thames,! \ Chenail, Ecarte & River St. Clair j 231 0J Assistant Pitto,.. Ditto, I 137 Interpreter, Ditto, ; 102 3 4 Superintendent at Machedasch and Lake Simcoe. f 231 Interpreter, Ditto, j 102 3 4 Superintendent at the Grand River, . ,| 231 Interpreter, Ditto,,..... j 102 3 4 1,645 16 8 1,757 10 844 INDDIAN DEPARTMENT. Pesasiosss. 30 C SO G 50 LOWER CANADA. Madame de Montigny, Widow of Capt. de Montigny,. . „ Madame de MaSliony, Widow of Capt. Mallioiry , Madame la Mothe, Widow of Capt. la Mothe, Plan' Vincent, Widow of L. Vincent, Schoolmaster, j 10 Abig-al Hare, Pensioner for past servi- ces 20 Cj 21 13 4l 21 13 4 108 6 8 Duncan Murchison, . . .do. . . .do.. . . . Amable Chevalier,. ...do.. . .do 5 Chiefs of Indian Tribes, for wounds received in action 4 Warriors of ditto, for do, do ! (30 13 4 UPPER CANADA. Alex. McDonell, Retired Assistant Secretary, 91 5 0] David Price, Retired Store-keeper, Clerk and Interpreter. 85 3 4! Sarah Elliott, Widow of Colonel M Elliott,,.. 80 Theresa McKie, Widow of Majoi McKie,.. „...,, 70 OJ Catherine Brant, Widow of Captair, Brant,.. 91 5 0| Kcsrer Hill, Widow of D. Hill (a Mo- hawk Chiei), 20 0| Barnabas Cain, Superanuated Black- smith j 42 11 8 Timothy Murphy, Ditto, | 42 II 8 John Higgins, Ditto, 42 11 8 7 Warriors of Indian Tribes, for! wounds in action. Expense of Indian Presents, Stores, &c -. 106 3 4 3^2 G 3 671 11 8 I 15,572 15 For one year, j h20,000 0. Add for first quarter of 1832, j 5,000 b5,000 U. C. College. 34.5 No. 112. CCPT. I'. C COLLEGE, ? Marjjfa 13th, 1835. ( Sir, In obedience to His Excellency's request I beg to transmit to you such statements as I am abie to furnish res- pecting Upper Canada College, in reply to the requisitions of an Address from the House of Assembly to His Excellency, a copy of which I received on the 10th instant. As regards the expen- diture connected with the institution and its financial concerns generally, I have not the means of giving any information, they being conducted by the Bursar, the Honorable Colonel Wells. I have the honour to be. &e. JOSEPH H. HARRIS. Lieut. Col. Rowas, &c &c. cce. ANSWERS To such Enquiries contained in an Address of the House of Assembly to His Excellency the Lieutenant Governor respecting Upper Canada College as the Principal 1 * knowledge enables him to return : — To Ques. 4.— ;i Rates of Tuition." A quarterage of £'2, currency, for tuition, and five shillings for contingencies (that is. pens, ink, fuel, &c.) isj-paid by each scho- lar in the Ccllese forms. A quarterage of £1 5s. eurrency, for tuition, and live shillings for contingencies is paid by each scholar, in that department of the College which is called the Preparatory School. The terms at the College Boarding House, are £30, currency, per annum, for Board and Tuition. The requisite Books and materials are furnished by the Col- lege and charged to the pupils, in addition to the above terms. A sufficient stock of Books. &c. is ordered every year from Eng- land, from which the College is enabled, after covering the expen- ses of shipment, &.c. to supply the boys at a cheoper rate, than the same articles could be purchased in the city. To Ques. 7. — No. of Scholars, &c. The number of scholars whose names have been entered at U. C. College since its commencement, up to the present time, is 324 — but as the names of some scholars who have been withdrawn for a time, and afterwards sent back to the College, appear more than once on the list, the number of individual boys who have received Education at the College maybe stated at 320. Ques. 7, continued. Scholars in U. College in the several quarters, ending at ths annexed dates. 316 U. C. College. [Note. — The address of the House of Assembly desires a statement of the numbers on the 5th of January, April, June and October; but as the College quarters end as below, and the lists are then formally entered, the following is the most accurate re- turn lhat can be rendered — «nd I trust it will be found to ap- proach sufficiently near to the prescribed dates, to answer the purpose intended.] 1830. SCHOLARS IN 1831. 1832.1 1833.1 1834.! 1835. March 20th 89 106 105 119 124 124 126 109 101 106 90 107 114 ! 114 117 j 113 I 121 116 1!6 t 115 1 124 at J tine lOtli this Middle of August (sum- mer vacation) Christmas date.. Note. — A similar return to this, up to December, 1832, with other information respecting U. C. College, was furnished to a Committee of the House of Assembly in December, 1832, to which I beg leave to refer. Observing in explanation that the slight discrepancies between the numbers here given, and those ifi the document just referred to, for the year, 1832, is to be ac- counted for, by the fact, that at that time no formal record was kept of the number of pupils at the College, in each separate quarter, and that it was therefore difficult so to exhibit them. But since that time a quarterly list has been regularly preserved, from which the numbers after 1831 are now extracted. Q,res. 7, continued — >- Table shewing " the number of scholars sent from the country" to U. C. College (L e. of the Boarders) " and of those belonging to this City, (i. e. Day Boys) for the last three years." DAY BOYS. j BOARDERS ! TOTAL- 1832. March 20th 70 74 75 m 75 76 79 71 ! 1 31 32 1 25 39 39 41 42 45 101 June 10th A ugust 106 99 Christmas 1833. | March June ) 107 114 117 A ugust 121 Christmas , J US L- C. Cor .Lege 31? 334. March : 7G 76 79 83 88 33 37 37 32 j 36 114 113 August 11G 115 1835. March 12 v?a A Dswei to Qrrs. 3. of Education at the College, and books Used are given separately. To the detached questions the following .are answers. V A CAT! O N S . At Christmas. — From the Saturday preceding Christmas day to the Monday fortnight following. At Whitsuntide. — A week. In the Summer. — From the Friday on or before 'fhe 13th of August, to the Thursday six weeks following. There are no children taught at Upper Canada College, with- out being liable to the payment of fees. Xo part of the Scholars are required to conform to, or be in- fracted in, the peculiar creeds, or religious exercises, of any Christian denomination. JOSEPH H. HARRIS, Principal of U. C. College. rse of Education at present pursued at Vpper Canada College* PREPARATORY SCHOOL. Scholars in the Preparatory School are ins f meted in English Reading and Spelling* Witting, the elements of Arithmetic, and . imetic, and the first*rudiments of Latin Grammar. — They are removed into the firsf, or 1 I of College form, when they are familiar with the n:S'. or - 31 i .uege torm, wnen mey are jaiinuar w.m i Latin Ac ce. The follow og is the general arrangement Wi tlie daily m k of the Preparatory School : 1st division,* Latin Accidence, * The d?,y is divided ia the business of the College as f ;l!ows : — 1st division — From a quarler before 9 to a quarter pa?t 10. Cj- From 25 minute* oast 10 to 10 iniaute3 before 12. 3rd do. From 12 to 1. 4th do. From 2 to 4, Bellies the above, a class composed of such boya in the College a S4B U. C. College. 2nd do English Reading and Spiling* XrA do Reading (twice a week), 4th do Writing and Arithmetic. FIRST COLLEGE FORM. Monday. Division 1. Writing, 2. Reading, and R.ec:tat;on from Testament, 3. 4. Recapitulation of Classical Lessons Tuesday* 1. Latin Syntax, Construe Corderius, 2. Parse Cofderiua — $ead English, 3. 4- Arithmetic. Wednesday* 1. Latin Exercise* 2. \v rit .. Thursday* 1. Litin Grammar — Construe Corderius, 2. Read, and Purse Eiiglish, 3. Atitoietical Tj 4. Aiithnfetic. 1. Writing, 2. Litin Grammar, 3. 4. (2 to 3)— Parse Corderius, G. (3 po 4) — Scripture Rcad.ng and Recitation. Saturday* 1. Arithmetic, 2. Latin Grammar — English Spelling. i 1 — i — ^_ Books used hi tlit first form. English — Bible — Mnrrays introduc Latin — Lily's [or Westminster) Grammar — Corderius Collo- quies Howard's Introductory exercises. are- qualified, attend Lhe Writing Master three times a week, for Book Keeping — from 4 to 5 o'clock. On Wednesday and Saturday, which are half hoiydays, the Col- Late closes at ]-••'.' >ck — Imd at present those boys whose parents do he opportunity of instruction in Landscape Dr &o. from 12 to 9 on those days, at a charge of £1 par q»:_ U. C. College.' 5 S49 SECOND COLLEGE FORM, Monday, Division, 1. Reading and Recitation from Testament, 2. Writing, 3. Arithmetical Tables, 4. French. Tuesday. 1 . Latin Grammar — Latin Exercise^ 2. Arithmetic, 3 4. Recapitulation of Classical Lesson*. Wednesday. 1. Arithmetic, 2. Latin Grammar — Lectiones select* (Construing and Parsing.) Thursday. 1. English Reading and Dictation, 2. Latin Grammar — Latin Exercises. 3. Writing, 4. French. Friday. 1. Latin Grammar — Construe LecJ^ones SelectSj 2. Geography, 3. French, 4. (2 to S)— Writing, 5. (3 to 4} — Scripture Reading and Recitation, Saturday* 1. Latin Grammar — Parse Lectiones Selectee. 2. Arithmetic. ' J3ooks used in the second Form. English — Bible — Blair's Cla^a Book — Turner's Geography. 3 jATi n — Grammar — Exeujpia Minora— Lectiones Select©, French — Grammar — Exercises. THIRD* COLLEGE FORM, Monday. Division i. Testament, Reading and Recitation, 2. Drawing, 3. Writing, 4. Arithmetic. A3 BJ$ U. C. COLLEGE. Tuesday. 1. Arithmetic, 8. Latin Prosody — Cornelius Nepos, or Phosdrus, 3. A rithmeticaf Tables, 4. French. Wednesday. 1. Latin Exercises, 2. Geography. 'Thursday* I. English History, '^. Arithmetic, :j. French, 4. itecapitulation of Classical Lessons Friday. 1. Latin Grammar — N?poj or Pheedrus, 2. Writing, 3. 4. (2 to 3)— Elements of Greek, &. (3 to 4) — Scripture Reading and Recitation, Saturday. 1. French, &. Latin Prosody—English. Books used in the third F emu English — Bible — History of England — Turners Geograghy, Latin — Grammar — Exercises — (Exemple Minora) — Comeliui Nepo3 or Phsedrus, Greek — Howard's Introductory Exercises, French — Levizic's Grammar — Dialogues — Telemachus. FOURTH COLLEGE FORM. 31onday. Division. 1. Testament Reading, and Recitation. U. Mathematics. M. Arithmetical Tables. 4. Recapitulation of Classical Lessons. Tuesday. 1. French. ". Drawing. y. Writing. 4-. Latin Fxercisos — .Ovid's Metamorphoses, or C esaa - r. C. CuLLii*L, 3&t Wednesday. 1. French. 2. Greek Grammar — Greek Delaetu/'. Thursday. 1. Arithmetic. 3. — 4. Greek Exercises — English History. Friday, 1. Latin Grammar — Qyid, or Caesar*. 2. Mathematics. i$. Arithmetic. 4. French. .">. (3 to 4) Scripture Reading and Recitation. Saturday, \. Greek Grammar — Greek Exercises. 2. Mathematics. Books used in the Fourth Fvrm. English — Bible; History of England. Latin — Grammar : Ovid's Metamorphoses ; Caesar ; Exercise*. Greeh — Bloomfield's Abridgment of 3Iatthise's Grammar;— Howard's Introductory Exercises; Valpy'3 Delectus. jfiiEXca — Levizac's, and Li Tellier's Grammars ; Dialogue* ; Telemachus. FIFTH COLLEGE FORM. Monday . Dhrision. J. Arithmetic. 2. Greek Testament— Recitation from English Tes- tament. 0. French. 4. Ovid's Epistles, or Sallast ; History of Rome. Tuesday. 1. Mathematics. 2. Repetition from Ovid ; Greek Delectus, or Anelieta Minora. 3. Writing. 4. Recapitulation of Classical Lessons. Wednesday. i. Greek Grammar— Greek Exercises 2. Drawing. $52 H- C* College. Thursday, 1. French. 2. Mathematics. 3. Arithmetic. 4. Greek Grammar ; Greek Delectus, or Anale. Mino. Friday. 1. Mathematics. 2. Latin Grammar — Latin Exercise. 3. Writing. 4. (2 to 3) Ovid, or Sallust. fl. (3 to 4) Scripture Reading, and Recitation. Saturday. 1. Mathematics. 2. Greek Grammar — History. Books used in the Fifth Form. English — Bible; Goldsmith's Rome. Latin — Grammar; Ellis's Exercises; Electa ex Ovidio and Tibullo, Sallust. Greek — Grammar ; Valpy's Delectus ; Analecta Graeca Mino- ra ; Testament; Valpy's Exercises. French — Le Teilier's Grammar ; Henriade, &c. SIXTH COLLEGE FORM. Monday. Division 1. Mathematics, 2. Greek Testament, and Recitation from English Tes- tament, 3. 4. Repetition from Virgil — Virgil or Cicero Construed. Tuesday. 1. Greek Grammar— Homer, or Analecta Minora, 2. Mathematics, 3. French, 4. Greek Exercises — Elements of General History. Wednesday. 1. Mathematics, 2. Latin Grammar — Latin Exercises. Thursday. J. Mathematics, U. C. College, S53 2, Greek Grammar — Homer, or Analeta Minora, alter- nately with elements of History. 3, Arithmetic, 4, Recapitulation of Classical Lessons. Friday. 1. French, 2. Re-translation of Cicero, 3. Writing, 4. (2 to 3)"— Mathematics, 5. (3 to 4) — Scripture Reading and Recitation. Saturday. 1. Greek Grammar — Virgil or Cicero, alternately with Elements of History, 2. Drawing. Books used in the sixth Form. English — Bible — Goldsmith's Graece — General History, Latin — Grammar — Virgil — Cicero's orations — Ellis's Exercises — Steps to sense verses. Greek — Grammar — Homer — Analecta Minora — Testament— Valpy's Greek Exercises. French — Le Tellier's Grammar — Hennade — Boileau. SEVENTH COLLEGE FORM. Monday. Division. 1. Greek Testament and Recitation from English Tes- tament. 2. Latin Prose Author — Classical Antiquities, or Geo- graphy. 3. 4. Mathematics. Tuesday. 1. Elements of Natural Philosophy, 2. Greek Poet. 3. French. 4. Mathematics. Wednesday. 1. Greek Grammar— Greek or Latin Re-translation, alternately. 2. Mathematics. 354 V. C. College, Thursday. 1. Greek Grammar — Horace. & Arithmetic. 2. 4. Mathematics* Friday. 1 . Repetition from Greek Poet — Greek Exercises. 2. Drawing. <3. 4. (2 to 3) — Greek Prose Author. b. (3 to 4) — Scripture Reading and Recitation. Saturday. 1. Repetitions from Latin Poet — Latin Exercises. 2. French. BOOKS USED IN THE SEVENTH FORM, English. Bible — Conversations on Natural Philosophy. Latin. Grammar — Valpy's Eiegantsc Lntinas — Cicero do Officiis — -.Horace — Scriptores R,omani — Roman Antiquities. Gxeee. Grammar — Valpy's Exercises — Testament— Collec- tanea Majora, vols. 1 and 2 — Greek Antiquities. French. Le Tellier's Grammar — Boileau, &c. Each of the six lower forms, it will he seen hy the above detail, ha3 a recapitulation day in classics, each week, i. e. a day on which certain of the Lessons which have been done duiing the previous days of the week, are gone over a second time. It is so arranged that on every alternate recapitulation day, each form recapitulates to the principal, who is thus enabled from time to time, to judge of the general progress, and also has an opportunity of becoming acquainted with the abilities and character of e\'cry boy in the College. A public examination embracing all the departments takes place arinoalfy in the week preceding the Christmas Holidays — at the conclusion of which pr:zes of books are distributed to those scho- lars, whoso proficiency and good conduct during the past year, have been most distinguished. The regular conns at the College is completed in the seven forms, according to the detail now given. But to meet the views of those parents who arc not desirous of giving their sons a tho- rough classical education, pupils who have been rial less than two yews pursuing the College course, cr who have completed the coarse of the third form, are .allowed, at the especial request of tneir friends, to discontinue classical studies, and confine their at- tention to the other departments— -a similar exception is occasinaily ::. , ie, in tat edse of a bpy being, at admission of too aduanceda i U. C. College. 35S agi to make it advisable that lie should then legin the study of Latin — such boys form what is called the partial class — whose o«* cupation is as follows : — PARTIAL CLASS. MONDAY. Division. 1. Scripture Reading and Recitation. J. Arithmetic. 8L Writing. 4. Mathematics. TUESDAY. 1. Mathematics. i>. French. 3. Writing. 4. English Grammar, Composition and History WEDNESDAY. i. Arithmetic. 2, Geography or Drawing. THURSDAY. 1. Drawing. 2. French. 3. Arithmetical Tables. 4. English (as Tuesday.) FRIDAY. 1. Mathematics. 2. 3. Drawing or Geography. 4. Writing. 5. Scripture Reading and Recitation. SATURDAY. 1. Mathematics. 2. Arithmetic. • The preceding sheets contain such information in reply to #nqui- ries contained in an Address of the House of Assembly to Hits Ex- celleney, the Lieutenant Governer, relating to Upper Canada Col- lege, as I have the means of furnishing — and which I beg leave resncctfullv to submit. JOS. II HARRIS, D. D. Principal of U. C. Colt^e, Upper Canada College, ) March 12th, 1835. j v S56 Address, No. 113. To His Excellency Sir John Colborne, K. C. B. Lieutenant Governor of the Province of Upper Canada, Major Gene- ral commanding His Majesty's forces therein, fyc. c\c. fyc, May it please Your Excellency r We, His Majesty's dutiful and loyal subjects, the Commons of Upper Canada in Provincial Parliament assembled, hum- bly request that Your Excellency will be pleased to furnish this House with copies of all correspondence between His Majesty's Government in England and the Government of this Colony relating to the several expulsions from this House of William Lyon Mackenzie, Esquire ; as also relative to the summary removal from the office of Attorney General, Henry John Boulton Esquire, (now Chief Justice of Newfoundland) and of Christopher Alexander Hagerman, Esquire, from the office of Solicitor General, together with ail correspondence between the King's Government and Your Excellency res- pecting the reappointment of the said C. A. Hagerman to the office of Solicitor General, and the appointment of Ro- bert S. Jameson to the office of Attorney General, in th& room of the said H. J. Boulton. MARSHALL S. BIDWELL, Speaker Commons House of Assembly, •} 19th day of June, 1885. - Answer* Gehtlembn : Copies of the I>8spatches applied for in this address cannot I)? laid before the House of Assembly wLhout the sanction of llij> Majesty's Gtov€hintem. No. 114. Case of Francis Collins. Thursday, 22 J January, 1829. Mr. Daiton seconded by Mr. James Wilson, moves that the rd*ess to His Excellency respecting the case of Francis Col- Y. . .., bo now read a second time. Ifc'hich was carried, a;ud the address was read a second time. Case of F. Collins. 357 On the question for concurrence being put, Mr. Jamos Wilson, seconded by Mr. Dalton, moves that the House do resolve itself into a Committee of the whole on the address in behalf of Erancis Collins. Which was carried, and Mr. Peterson was called to tk« chair. The Speaker resumed the Chair. Mr. Peterson reported that the Committee had considered the address arid amended it. On the question for receiving the report the House divided, and the yeas ai taken as follows : YEAS — Messrs, Baby, Baldwin, Blacklock, Brouse, ell, Cawthra, Dv'^on, Ewing, Fothergill, Fraser, Hopkins, Hofnor, Ketchum, Kilborn, Lefferty, Lockwood, Lo. Lyons, MeCall, McDonald, Mackenzie, Malcolm, Matth Morris, Perry, Peterson, Radenhurst, Randal. John R George Rolph, Shaver, Smith, Thomson, Wil Wiilson, James Wilson, aud Woodruff— 87. tf AYS— Messrs. Bethune, McLean, and Samson— 3. The question whs carried in the affirmative by a majority of thirty-four, an.! the report was received and the address ordered to be :d and read a third time to-day. Agreeably to the order of the day the Address to His Ex- cellency the Lieutenant Governor, in behalf of Francis Col- lins, was read the third time, passed and signed, and is as follows : To IHs Excellency Sir John Colborne, Knight imander of the Most Honorable Military V -der of the Bath, Lieutenant Governor of i. •■ Province of Upper Canada, Major Gen- -tral commanding His Majesty *s Forces ther'e^ tiz, fyc. S$c. Sfc. May it please Your Excellency : .We, Hi*, Majesty's dutiful arid loy;al subjects the Commons of Upper Canada in Provincial Parliament assembled, hum- bly represent to Your Excellency that we have received a pe- tition from Francis Collins, a prisoner in the York. Gaol, un- der sentence of the late Court of Oyer and Terminer and General Gaol Deliver}' in aud for the Home District, for li- bel, by which sentence he is doomed to twelve months im- prisonment and to pay a due of fifty pounds ro the King, and afterwards to give security for his good! behaviour for three years, himself in £400 and two sureties in £100 each, and t$ B 3 253 Case of F. Collins. stand committed till those conditions be complied with; and having taken the same into our consideration, together with tho time he has already been confined, we earnestly entreat Your Excellency to extend to Francis Collins the Royal clc- mercy, by remitting his sentence Bftd restoring him to his family. MARSHALL S. BID WELL, Speaker, Commons House of Assembly, ) 22d January, 1829. I Saturday, 21th January, 1829. Captain Matthews, from the Committee to wait upon His Ex- cellency the Lieutenant Governor with the Address of tho House on the subject of the enlargement of Francis Collins, reported delivering the same, and that His Excellency had been pleased to give an answer, which he handed to tho Clerk who read the same as follows: Gentlemen, It is my anxious wish to render service to the Province, by concurring with the Legislature in every thing that can promote its peace, prosperity, and happiness ; and I regret exceedingly, that the House of Assembly should have made an application to me, which the obligation I am under to support the laws, and my duty to society, forbid me, I think, to comply with, I transmit, for the information of the House, Mr. Justice Sherwood's observations, and copies of a Petition from Fran- cis Collins, and of the reply to it forwarded by my direction, Copt York, 5th December, 1828. Sib, The following are the principal grounds of my judgment in the case of the King vs. Francis Collin? lately convicted of a libel on the Attorney General. — I think all publications of this kind have the effect to create ill blood in society, and therefore manifestly tend to a breach of the pub- lic peace, which is always regarded of the greatest import- ance by all civilized governments. Such publications also have- a direct and undoubted tendency to impede the due ad- ministration of public justice, by generating a bad feeling and injurious prejudice in the public mind, and more particularly Case of F. Collins. 35£ in the minds of the Jurors who are summoned for the trial of causss. This libel, in my opinion, was intended to obstruct the admini f justice, because it was printed and puh- lished during the sitting of the Court, and just before the de- fend tnt was tried '.'or printing and publishing an alledged libel on Sir Peregrine Maitland, then the Lieutenant Governor of the Province. Any person who writes and publishes fair and candid opinions on the system of government and constitution of ihe country, or points out what he honestly conceives to be grievances, and in a proper and decent manner proposes le- gal means for the redress of such grievances, or if any per- son, in his publication, enters into a just and useful criticism of the productions of others, and shews the pub^c their er- rors or absurdities ; cr if any oue, in a decent and proper manner, exposes- the errors and wrong opinions of public men ; or if he exhibits the evil tendency and unconstitutional bearing of public measures, such person in my opinion de- serve encouragement. If such publisher however, steps aside from the high read of decency and peaceable deportment, ftnn adopts a course of public calumny and open abuse against the officers of government generally, or particularly against the principal law officer of the Crown, in the legal execution of his duty in the King's Courts,, as the defendant did, then, I think, hf should be punished to that extent, which, in hu- man probability would prevent a recurrence of the-onence ; snv tiling short of this, would be iugj Cory, and <:a\e an effect contrary to the ends proposed by all punishments. Taking all the circumstances of the case into consideration. Mr. Justice Hagerman and myself deemed the sentence which we passed on the defendant, both proper and necessary for the public good, and what the case itself required. I have the lienor to be, LEVTUS P. SHERWOOD, Z. Mudge, Esq. Secretary to His Excellency the Lieutenant Governor. Cerr ; To Hi s J2 2 • e lien ey S ir J o n >: C o l b o k b? e . Kn iglit Commander of the most Honorable, Military Order of the Bath. IAev.ir.nant Governor ufthe Province of Upper Canada, and Major Gcjicral 560 Case of F. Collins. Commanding Ills Majesty's Farces therein, 4*c. fyc. Sfc. THE MEMORIAL OF FRANCIS COLLINS, Editor of the Canadian Freeman, Humbly Stiewetii : That Your Memorialist was convicted of libel upon the Attorney General, at the last York Assizes, senten- ced to twelve months imprisonment, to pay a fine of fifty pounds and to find security for good behaviour for three years, himself in £400, and two sureties in £100 each ; which, sen- tence if enforced., amounts in fact, to perpetual imprison- ment, In consequence cf this ruinous sentence, your memorialist has been kept in close confinement in this gaol, for the last month, and the business by which he supports his family all but ruined, as the entire success of his establishment depen- ded solely on his own personal exertions. Under these painful circumstance?, Your Memorialist looks forward with humble confidence to Your Excellency's clem- ency ? to restore him to his liberty, by a remission of the sen- tence, and thereby save a young and helpless family from deso- lation. And Your Memorialist will ever pray. - (Signed) FRANCIS COLLINS. York Gaol, Nov. 26th, 1828. Government House, > ' Dec. im, 1828. ) Sir, I am directed to acquaint you that the Lieutenant Governor regrets that he cannot think it right to comply with your pe- tion, dated the 26th ultimo, but that on the expiration of the specified time of your imprisonment, any application you may wish to make will be taken into consideration, upon the facts alleged in your statement. (Signed) Z. M'JDGE. Mr. Francis Collins. Monday, 26th January, 1829. Agreeably to the order of the day the House went into Com- Case ol F. Collins. 3^1 mittce of the whole on His Excellency's Answer to the Ad- dress to him, on behalf of Francis Collins. Mr. Ewing was called to the Chair. The House resumed. Mr. Ewing reported that the Committee had agreed to two Resolutions, which he was directed to submit i'ov the adoption of the House. The Report was ordered to be received. Resolved, Tl House coes not doubt the sincerity cf Hie anxious wish r.\crrcd by His E i bis message, to rendei^service to the Province by concurring with the Legisla-i ture in every tl ran prom | erity and ;:i which this House apprehends to ed by Hi ney's Message, that they are not equally anxious and Iiiv- le great ends, is nei- i :y assumed the government, nor : : it what they had reason to expect, and in pe to receive, in ail en ations from Li'^ Ex- cellency to this branch of the Legislature. Resolved, That while loes not doubt the di - sitiou of His L. ly to extend mercy to those who supplicate it from the Throne, they owe it to their own honor ihy to declare, that by their application for the ancis Collins, they. not merited tiie imputation which they apprehend to be jncy's Message, that their request was inconsistent a due support of the laws and their duty to •och tv. Mi b, 1829. Mr. Dalton, from ct Committee to whom was refer- red the petition of Fran s, presented a fifth report, accompanied by several Resolutions and an Address to His Majesty in behalf of Francis Collins, which was received and read. Wednesday, 11th March, 1829. Mr, Perry, seconded by Mr. Dalton, moves, that the House do now resolve itself into a Committee of the whole, on the Report of the Select Committee to whom was referred the petition of Francis Collins — Which was carried, and Mr. Berczy was called to the Chair. The House resum Mr. Berczy reported, that the Committee had agreed to a scries of Resolutions, which he was directed to submit for the adoption of the House, and asked leave to sit again lo-morrow. S62 Case of F. Collins. On the question for receiving the Ileport, the House divi~ ded, and the Yeas and Nays were taken M3 fellows : Yeas — Messrs. Baby, Baldwin,, Blacklock, Brouse, Buell, Cawthra, Dalton, Dickson, Ewinsr, Fothergill, Fraser, Hamil- ton, Hopkins, Hornor, Ketchurn, Kiiborn, Lefferty, Lockn ood, Lyons, McCall, McDonald, McKehzie, Malcolm, Matthews, Perry, Peterson, Radenhnrst, George Rolph, John Rolph, Shaver, Smith, Terry, Wilkinson, James Wilson, and Wood- ruff — 35. Nays — Messrs. Berczy, Bethune, Henderson, Longley, Mc-* Loao, Morris, Samson, and John WiJlson — 8. The question was carried by a Majority of twenty-seven,, the Report was received* and leave granted accordingly* The first Resolution was then put as follows :, Resolved, That while prosecutions have been instituted and encouraged against Francis Collins, IL C. Thomson, M. P. and William Lyon Mackenzie, M. P. Editors of papers op- po>m^ the injurious policy pursued by the late Provincial Ad- ministration, other papers under the patronage and pay of the Provincial Government, have been allowed to disseminate with impunity far grosser and more dangerous libels against the House of Assembly, as well as against many public and pri- vate m ■■ On which the House divided, and the Yens and Nays were taken as follows : Yeas — Messrs.. Baby, Baldwin, Blacklock, Brouse, BueJl, Cawthra, Dalton, Dickson, Ewiftg, Fothergill, Fraser, Hamil- ton, Hopkins, Hornor, Ketchum, Kiiborn, Lefferty, Lockwood, Lyons, McCall, McDonald, Mackenzie, Malcolm, Matthews, Perrv, Peterson, Radenfeursf, Geo. Rolph, John Rolph, Sha- ver, Smith, Terry, Thomson, Wilkinson,. John Wilson, James Wilson, and Woodruff — 37. Nays — Messrs. Berczy, Bethune, Henderson, Longley, Mc- Lean. Morris, and Samson— 7. The question was carried by a majority of thirty. The second Resolution was then put as follows : Resolved, That the document marked B, is a true copy of the Indictment upon which Francis Collins was acquitted at t"..: late Court of Oyer and Terminer and General Gaol de- livery for the Home District. On which the House divided, and the Yeas and Nays were taken as follows : Yeas — Messrs. Baby, Baldwin, Blacklock, Brouse, Buell, Gawthra, Dalton, Dkkson, Ewing, Fothergill, Fraser, Hop- khv*. Hornor, Ketchum, Kiiborn, Lefferty, Lockwood, Lyons,. DasE Ob" i<\ CoLLSXS. C6 > McCall, McDonald, Mackenzie, Malcolm, Matthews, Perry, Peterson, Radenhurst, George Rolph, John Rolph, Shaver, Smith, Thomson, James Wilson, and Woodruff — 33. Nays — Messrs. Attorney General, lierczy, Bethune, Ham- ilton, Henderson, Longlcy, McLe in, Morris, Samson, Terry, Wilkinson, and John Willson — 12. The question was carried in the affirmative by s. majority of twenty-one. The third Resolution was then read as follows ': Resolved, That Francis Collins being under prosecution for the said alleged libel on Sir Peregrine Maitl . Mr. Attorney- General Robinson, daring the said Cuurt at York, endeavored to force him to trial, in the first place by erroneously alleging the defendant had been arraigned at the previous Assizes ; in the second place, when the records of tbe Court were found to contradict his assertion, by denying the right to traverse altogether, the indictment having been found at the preceding Assizes, and in the third place, by contending that having omitted to traverse the indictment upen his arraignment as the proper time for so doing, he could nat be permitted to avail himself of the privilege subsequently ; and that while the lat- ter points were still depc :::: ; ::ed, the article tor which he was afters : icted and convicted of libel, was published. In amendment, Mr. Radenhurst, seconded by Mr* Biekscn, moves, that after the word " Maitland," in the original resolu- tion, ihe remainder be expunged and the following inserted — <4 and before the same had been determined, the aiiicle for which he was afterwards indicted and convicted of libei was published," On which the House divided, and the Yeas and Nay f s were taken as follows : Yeas — Messrs. Berczy, Bethune, Blacklock, Dickson, Ew- ing, Fothergill, Fraser, Hamilton, Henderson, Kiibcrn, Long- ley, McDonald, McLean, Morris, Radenhurst, Samson, Sha- ver, Smith, Terry, Wilkinson, and John Willson— 21. Nays — Messrs. Baby, Baldwin, B rouse.. Dalton, Hopkins, Horner, Ketchum, Lefferty, Lockwood, L3- ons, McCall, Mackenzie, Malcolm, Matthev . Peterson, George Rolph, John Rolph, Thomson, J ftson, and Woodruff — 23. The question was decided in the negative by a majority of two. In amendment to the original question, Mr. Dalton, second- ed by Mr. McLean, moves, that the word " force" be ezpung- «d and ihe w^rd M bring" ic sorted in its place, and that after 364 Case of F. Collin* ilis ward " erroneously" the following words be inserted— il supposing and." Oii which the House divided, and the Yeas and Nays were taken as follows : Yeas — Messrs. Baby, Baldwin, Blacklock, Brouse, Bucll, Cawthra, Dalton, Ewing, Fraser, Hopkins, Hornor, Ketchum, Lefferty, Loekwood, Lyons, MeCall, McDonald, Mackenzie, 3M ilcolm', Matthews, Perry, Peterson, George Rolph, John Rolph, Shaver, Smith, Terry, Thomson, James Wilson, and Woodruff— 30. Nays — Messrs. Berezy, Bethune, Dickson, Fothefgill, Ham- ilton, Henderson, Kilborn, Lcngley, McLean, Morris, R hurst, Samson, Wilkinson, and J< >hn Willson — 14. 5 question was carried, in the affirmative by a majority of sixteen, and the resolution as amended was put and car- ried as followed : — Resolved — That Francis Collins being under prosecution he said all 1 en Sir P. Maitland, Mr. Attorney General Robinson, during the said Court at York, endeavour- ed to bring him to trial, in the first place by erroneously sup- posing- and alleging the defe tied at the previous assizes ; in the second place, when the recoils of the Court were found + o contradict this assertion, by denying tHe right to traverse altogether, the indictment having been found at the preceding assizes ; in (he third place by contend- ing thr havMij to traverse the indictment upon his per time for so doing, he could not be to avail himself of die privilege subsequently; and that wliiie the latter points were still depending, and und mined, the article for which he was afterwards indicted and convicted of libel was published. The fourth resolution w&s carried nera. eon. — as follows: Resolved — That the document marked C, is a copy of the indictment upon which the said Francis Collins was tried, convicted, and punished. Present — Messrs. Bab}', Baldwin, Berezy, Bethune, Black- lock, Brouse, Bueil, Cawthra, Dahon, Dickson, Ewing, Fo- thergill, Fraser, Hamilton, Henderson, Hopkins, Jlornor, Ketchum, Kilborn, Lefferty, Longley, Loekwood, Lyons, Mc- Lean, MeCall, McDonald, Mackenzie, Malcolm, Matthews, Morris, Perry, Peterson,- G. Rolph, John Rolph, Radenhurst Samson, Shaver, Smith, Terry, Thomson, John Willson,* Wilkinson, James Wilson, and Woodruff — 44. The fifth resolution was then put as follows : Resolved — That the Select Committee of the- Imperial House of Commons upon Canada affairs:, urged in the most es- pecial manner upon His Majesty's Government, that a strict Case of F. Collies. 3U5 and* instant enquiry should take place into all tins circumstan- ce* attending tiie prosecutions for libel instituted in Low^r Canada, with a view 1 to giving such instructions upon them as should be consistent with justice and policy — which recom- mandation was properly respected and observed in Lpwer Canada, and oirjhr not to have b en siightod and disregarded . in this Province. On which the House divi ieJ ? and the yeas and nays were taken as follows : Yeas — Messrs. B any, Bafedri in, Berczy, Biacklock, Brouse, BueH, Cawthra, Daltbu, Dickson, Ewing, Fothergill, Fraser, ; Hami ton, H >pkins, Horner, Ketchu'ui, Kilboru, Lelferty, L>^kws)l, Lyons, McCaU, McDonald, Mackenzie, Malcolm, Matthews, Perry, Peterson, Radenhurst, G. Rolph, J, Rolph, Shaver, Smith, Thomson, Wilkinson, John Wiilson, James Wihon, and Woodruff — 37. Nays — Messrs. Betlmne, Henderson, Longley,. McLean* Morns, Samson, and Terry — 7. The question \va» carried in the affirmative by a majority of thirty. The sixth resolution was then read as follows : Resolved — That the document marked D, according to the evi !ence of those who t jok down his words, contains a true, report of material parts of the charge deliveied by JVlr, Jus- tice Sherwood to the Jury, which charge was an unwarranta- ble deviation from the matter of record, ;u>d a forced construc- tion of language, contrary to Hie ends of fair and dispassion- ate justice. In amendment, Mr. Dickson seconded by Mr. R idenhurst, ..move*, that all tin; « ords be expunged after " Jury" in the ori- ginal resolution. ():i which the House divided and the yeas and nays were taken as follows : Was — Messrs. Attorney General, Berczy, Bethune, Dick- son, Fraser, Henderson, Morris, Radenhurst, Samson, Terry; »ud John Wiilson— 11. Nays — Messrs. Baby, Baldwin, Biacklock, Brouse, BueH, C (wihra, Dalton. E'wing, Fothergill, Hamilton,- Jriopkins- H o.nor, Ketclunn, Kilborn, Lefferty; Lockwood, Lyons, Mc, Grill, McD)!iald, Mackenzie, Malcolm, Matthews, Perry, Peterson, G. R »iph, J. Rolph, Shaver, Smith, Thomson, Wilki is »!:. J -r.n 's Wilson, ami V V oodruif-— o'Z. Tin qjjesLiou was decided iu the negu.ive by a majority ef t •»■> em v one. C3 366 Case of F. Collins. On the original question the House divided, and the yeas and nays were taken as follows : Yeas — Messrs. Baby, Baldwin, Blacklock, Brouse, Buell, Cawthra, Datton, Fothergill, Hamilton, Hopkins, Hornor, Ketchum, Lockwood, Lyons, McCall, McDonald, Mackenzie, Malcolm, Matthews, Perry, Peterson, J. Rolph, G. Rolph, Shaver, Smith, Thomson, Wilkinson, James "Wilson, and Woodruff— 29. Nays — Messrs. Berczy, Bethune, Ewing, Fraser, Hender- son, Longlev, McLean, Morris, Samson, Terrv, and John Willson— ll. The question was carried in the affirmative by a majority of eighteen, and it was Resolved— That the document marked D, according to the rvidence of those who took down his words, contains a true report of material parts of the charge delivered by Mr. Jus- tice Sherwood to the Jury; which charge was an unwarrant- able deviation from the matter of record, and a forced con- struction of language, contrary to the ends of fair and dispas- sionate justice. The seventh resolution was then put as follows : Resolved — That Mr. Justice Hagerman, who was one of the persons alleged on the record to be libelled, refused to receive the verdict as nrst tendered by the Jury, viz : "guilty of libel against the Attorney General only" — and directed them to find a general verdict of guilty — with which direction the Jury complied, whereby the defendant was made to ap- pear on record guilty of charges of which the Jury had ac- quitted him ; and whereby false grounds were afforded upon the record for an oppressive and unwarrantable sentence. On which the House divided, and the yeas and nays were token as follows : Yeas—Messrs. Baby» Baldwin, Blocklock, Brouse, Buell, Cawthra, Dalton, Ewing, Fothergill, Hopkins, Hornor, Ketch- um, Lockwood, Lyons r McCall, McDonald, Mackenzie, Mal- colm, Matthews, Perry, Peterson, G. Rolph, J. Rolph, Shaver, Smith, Thomson, James Wilson, and Woodruff — 28. Nays — Messrs. Berczy, Bethune, Fraser, Hamilton, Hen- derson, Longlev, McLean, Morris, Terry, Wilkinson, and John Willson — II. The question was carried in the afSrmative bv a majority of 17. The eighth resolution was then put as ioilows r Resoived — That it appears from the appended copy of th» fetter #f Judge Sherwood to His Excellency (marked E), that I Case of F. Collins. 367 Mr. Justice Hagerman alleged on the record to be libelled, did concern himself, with Mr. Justice Sherwood, in measuring the punishment of the defendant, thereby, without necessity for it, further violating the rule, that a man shall not be a Judge iu .his own case. On which the House divided, and the yeas and nays were taken as follows : Yeas — Messrs. Baby, Baldwin, Blacklock, Brouse, Buell, Cawthra, Dalton, Ewing, Fothergill, Hopkins, Hornor, Ketch- um, Lefferty, Lockwood, Lyons, McCall, McDonald, Mac- kenzie, Malcolm, Matthews, Perry, Peterson, George Rolph, John Rolph, Shaver, Smith, Thomson, James Wilson, and Woodruff— 29. Nays — Messrs. Berczy, Bethune, Fraser, Hamilton, Hen- derson, Longley, McLean, Morris, Terry, Wilkinson, and John Willson — 11. The question was carried in the affirmative by a majority of eighteen. The ninth resolution was then put as follows : Resolved — That from the language of Judge Sherwood in his said letter : viz. " If such publisher however step3 aside 44 from the high road of decency and peaceable deportment, 44 and adopts a course of public calumny and open abuse 44 against the officers of Qovernment generally, or particular- 44 ly against the principal law officer of the crown, in the legal 44 execution of his duty in the King's Courts, as the defend- 44 ant did, then I think he should be punished to that extent, 44 which in human probability would prevent a recurrence of 44 the offence ; any thing short of this would be nugatory, and 44 have an effect contrary to the ends proposed by all punish- 44 ments," it too plainly appears that the punishment inflicted upon the said Francis Collins was not confined to the verdict as originally tendered by the Jury. On which the House divided, and the yeas and nays were taken as follows : Yeas — Messrs, Baby, Baldwin, Blacklock, Brouse, Buell, Cawthra, Dalton, Ewing. Fothergill, Hamilton, Hopkins, Hor- nor, Kethum, LelTerty, Lockwood, Lyons, McCall, McDo* nald, Mackenzie, Malcolm, Matthews, Perry, Peterson, Geo. Rolph, John Rolph, Shaver, Smith, Thomson, Wilkinson. James Wilson, and Woodruff — 31. Nays — Messrs. Berczy, Bethune, Fraser, Henderson, Lonr- ley, McLean, Morris, Samson, Terry, and John Willson— 10. The question was carried in the affirmative by a majority of tweBiv one. 363 Case or F. Collins. Tho tenth resolution was then put as follows : Resolved —Thai the punishment inflicted upon Francis •Collins for the said libel, viz: "that he should he imprisoned f fod2 mouths, pay a fine of £50 to the King, find securities iforhis.&ood behaviour after his liberation for three years, him- self in £400 and two sureties in £100 each, and stand commit- ted till aii those conditions Should be complied with" is, consi- dering the stale of the Province and circumstances of the de- fendant, shamefully disproportioned to his. one nee — subversive of the freedom of the press, under pretence of correcting its excesses, and destructive of the liberty ol the subject, under pretence of punishing an offender. . On which the House divided, and the yeas and nays were taken as follows ; . Yeas— Messrs. Baby, Baldwin. Berczy, Blackiock, Browse, Buell, Cciwthra, Dalton, Ewing, Fothergiil, Fraser, Hamilton, Henderson, Hopkins, Eiornor, Ketchum, Kiiborn, LefTerty, Lockwood, Longley, Lyons, McCall, McDonald, Mackenzie, Malcolm, Matthews, Morris, Perry, Peterson, George Rolph, John Rolph, Shaver, Smith, Terry, Thomson, Wilkinson, John Willson, James Wilson, and Woodruff — 39. . Nays — Messrs. Bethune, McLean, and Samson — 3. The question was carried in the affirmative by a majority of thirty six. The eleventh resolution was then put as follows : Resolved — That from the state of this Province and tbs circumstances of the said Francis Collins, the exorbitant and oppressive bail required from him, leaves him no other aJterna* live than perpetual imprisonment or the abandonment of the press by which he main t a his himself and a wife with an infant family. On which the House divided, and the yeas and nays were taken as fo-lows : Yeas — Messrs. Baby, Baldwin, Berczy, Blackiock. Brouse, Cawthra, Dalton, Dickson, Ewing, Fothergiil, Fraser, Ham- ilton, Henderson, Hopkins, Hornor. Ketchum, Kiiborn, Lff- ferty, Lockwood, Longley, Lyons, McCali, McDonald, Mac- kenzie, Malcolm, Matthews, Morris, Perry, Peterson, George Rolph, John Rolph, Shaver, Smith, Terry, Thomson, Wilkin- son, John Willson, James Wilson, and Woodruff — 39. N%ys — Messrs. Bethune, Buell, McLean, and Samson — 4. The question was carried in the affirmative by a majority of thirty-five. The twelfth Resolution was thcti put »rd curried wvi. en. Present-— Messrs. Baby. Baldwin, Btnzy, Bethune, Black- Case of F. Collins. 369 lock, Brouse, Bueli, Cawthra, Dalton, Dickson, Ewing, Foth- ergill, Fraser, Hamilton, Henderson, Hopkins, Horner, Ketch- urn, Kilborn, Lefferty, Longley, Lockwood, Lyons, McCall, McDonald, Mackenzie, Malcolm, Matthews, McLean, Morris Perry, Peterson, G. Rolph, J. Rolph, Samson, Shaver, Smith Terry, Thomson, John Willson, Wilkinson, James Wilson &.' Woodruff, — And it was Resolved, That the document marked F. is a true copy -of the Address of this House to His Excellency, with the Yea9 and Nays upon the passing thereof — praying for the pardon of Francis Collins and of the answer of His Excellency to the same. The thirteenth Resolution was then put and carried nem.con. Present — Messrs. Baby, Baldwin, Berczy, Bethune, Black- lock, Brouse, Buell, Cawthra, Dalton, Dickson, Ewing, Foth- ergill, Fraser, Hamilton, Henderson, Hopkins, Hornor, Ketch- ura, Kilborn, Lefferty, Lockwood, Longley, Lyons, McCall, McDonald, Mackenzie, Malcolm, Matthews, McLean, Morris, Perry, Peterson, George Rolph, John Rolph, Samson, Shaver, Smith, Terry, Thomson, Wilkinson, John Willson, J as. Wil- son, and Woodruff. — And it was Resolved, T.'iat when the said application from this House was made to His Excellency for the pardon of the said Collins, he had been about three months in gaol. The fourteenth Resolution was then put as follows: Resolved, That the doctrine laid down in the letter of Judge Sherwood, viz: that the extent of punishment should be such as will in all human probability prevent the recurrence of the offence — and that any thing short of it would be nugatory, and have an effect contrary to the ends proposed by all punish- ment — it is an unjust and imperfect view of such a question, dangerous in a judge entrusted with the administration of the criminal justice of this country, and calculated to render the criminal law, so administered, a scourge to the community. On which the House divided, and the Yeas and Nays were taken as follows : Yeas — Messrs. Baby, Baldwin, Blacklock, Brouse, Buell, Cawthra, Dalton, Dickson, Fothergill, Hopkins, Hornor, Ketchum, Kilborn, Lefferty, Lockwood, Lyond, McCall, Mc- Donald, Mackenzie, Malcolm, Matthews, Perry, Peterson, G. Rolph, John Rolph, Shaver, Smith, Terry, Thomson, James Wilson, and Woodruff — 31. Nays — Messrs. Berczy, Bethune, Hamilton, Henderson, Longlev, McLean, Morris, Samson, Wilkinson, and John Willson— 10. The question was carried in the affirmative by a majority ©f twenry-one. 370 Case of F. Collins. The fifteenth Resoluion was then put as follows : Resolved, That it is inconsistent vviih the liberty of the press, that a person should, before conviction, be called upon to find bail for good behaviour, upon so indefinite an offence as libel, and that the law under which such proceeding is justified in this Province, is well objected to by Lord Ashburtcn in the following terms— "I never heard till very lately, that Attor- * nies General upon the caption of a man supposed a libeller, *'' could insist on his giving securities for his good behaviour. ** It is a doctrine injurious lo the freedom of every subject, ** derogatory from the old constitution, and a violent attack if '■ not an absolute breach of the liberty of the press. It is not 4< law, and I will not submit to it." On which the House divided, and the Yeas and Nays were taken as follows : Yeas — Messrs. Baby, Baldwin, Biackiock, Brous**, Caw- thra, Dalton, Dickson, Ewing, Fothergill, Henderson. Hornor, Ketchum, Kilborn, Lefferty., Lockwood, Lyons, McCail, Mcr Donald, Mackenzie, Malcolm, Matthews, Perry, Peterson, G. Rolph, John Rolph, Shaver, Smith, Terry, Thomson, James Wilson, John Wiilson, and Woodruff — 82. Nays — Messrs. Bethune, McLean, Morris, and Samson — 4. - The question was carried in the affirmative by a majority of twenty-eight. The sixteenth Resolution was then put as follows ; Resolved, That an earnest appeal be made to His Majesty to relax, in this case, the rigor of that law, which was made for the happiness and welfare of the people, who pray for its re- laxation, and that His Majesty be requested to lay these re- solutions and documents before the Imperial Legislature. On which the House divided, and the Yeas and Nays were taken as follows : Yeas — Messrs. Baby, Baldwin, Biackiock, Brouse, Caw- thra, Dalton, Dickson, Ewing, Fothergill, Hopkins, Hornor, Ketchum, Kilborn, Lefferty, Lockwood, Lyons, McCall, Mc- Donald, Malcolm, Matthews, Mackenzie, Perry, Peterson, G. Rolph, 'John Rolph, Shaver, Smith, Terry, Thomson, James Wilson, find Woodruff— 31. ■ Rays — Messrs. Attorney General, Berczy, Bethune, Fra- ster, Hamilton, Henderson, Longley, Morris, Samson, and Wilkinson— 10, The question was carried in the affirmative by a majority o r t~/cmty-one. Mr. John Rolph, seconded, by Mr, Perry, moves, that it bs Rstohed, That the honorable Mi. Justice Sherwood and tKe honorable Mr. Justice JS3agenn&n, wex$ Somrncned to ap- Case of F. Collins. 371 p«ar before the Select Committee of i his House appointed to enquire into the case of the sn:d Francis Collins, and hav- ing appeared before the said Committee, and being made ac- quainted with the allegation of the petition, an opportunity was afforded them of offering any explanation ; which op- portunity was declined by them. Which was carried. The Address to His Majesty was then read a second time. Mr. Perry, seconded bv Captain Matthews, moves, that af- ter the word " dominions, ,? in the Address to His Majesty, the following words be added, " and that Your Majesty will bo 44 gracioush r pleased to lay a copy of the resolutions and ac- " companying documents before Your Majesty's Parliament M of the United Kingdom of Great Britain and Ireland," — Which was carried, and the Address was concurred in, and ordered to be engrossed and read a third time this day. Thursday, 12th March, 1829. Agreeably to the order of the day, t\ — I ■ flia Ma- jesty in behalf of Fran third time. On the Question for passing the same, the House divide:', and the Yeas and Nays were taken as follows : Yeas — Messrs. Baldwin, Blacklock, Buell, Cawthra, Dalton, Ewing, Horner, Ketchum, Kilborn, Leffert}', Lockwood, Ly- ons, McDonald, Mackenzie, Malcolm, Matthews, Perry, Ps- terson, John Rolph, Shaver, Smith, Thomson. James Wilson, and Woodruff — 24. Nays — Messrs. Dickson, Henderson, Longley, Morris, R«- den hurst, Samson, Terry, and Wilkinson — 8. The question was carried in the affirmative by a majority of sixteen, and the Address was signed and is as follows: To the King's Most Excellent Majesty : Most Gracious Sovereign, We, Your Majesty's dutiful and loyal Sub- jects, the Commons of Upper Canada, in Provincial Parlia^ meat assembled, humbly request Your Majesty's most favora- ble consideration of the Resolutions and Documents accompa- nying this Address, and humbly pray Your Majesty to extend to Francis Collins the Royal Clemency, by remitting the resi- due of his punishment — which act of mercy will be most ac- ceptable to the people of this Province, and be regarded by us as a fresh proof of Your Majesty's gracious disposition to con- sult the wishes and happiness of Your people in all parts of Your ample dominions — and thst Your Majesty will be gra- ciously pleased to lay a copy of the Resolutions and accon* 372 Case of F. Collins. panying Documents before Your Majesty's Parliament of tha United Kingdom of Great Britain and Ireland. MARSHAL S. BIDWELL, Spjukkr. Commojis House of Assembly, > 12th March, 182& ) Mr. Perry, seconded by Mr. L>ahon, moves, that an Ad- dress be presented to His Excellency the Lieutenant Governor requesting hirn to transmit to His Majesty the Address of rhis House, and the Resolutions upon winch it is founded, and also the evidence and accompanying documents reported by the Committee to whom was referred thfl petition of Francis Col- lins, and that Messrs. Lefferty and Woodruff be a Committee to daft and report the same, Which was carried. flEFOET ON THB PETITION OF WILLIAM P0KS753, OF THE NIAGARA FALLS PAVILION, COMPLAINING OF MILITARY OUTRAGE, &c. CONTEXTS. Pag-e Petition of William Forsyth . 1 Evidence of Mr. Jameson, Attorney General 2 — Mr. RffcMicking, M. P. P. for Lincoln 4 , Mr. Thorburn, M. P. P. for Lincoln ib, Despatch of Sir J- Colborno to Viscount Goderich ib. Letter, C. J. Robinson to Col. Rowan 5 Statement by Captain Phillpotts 12 Despatch, Sir P. Maitland to Mr. Secretary Huskisson... 13 Letter, Mr. Beardsley to Col. Givm.? 13 Colonel Giyins' xi.epij'' ,. ib* Letter, Major Hillier to Col. Giving ib. , Mr. Beardsley to Ccl. Coffin 19 Colonel Coffin's Reply. ib. Letter, Col. Coffin to Major Hillier ib. Minute of the Executive Council 20 Despatch, £ir George Murray to Sir J. CoJborne ib. , Mr. Secretary Stanley to Sir P. Maitland 21 , Sir P. Maitland to Mr. Secretary Stanley ib. Memorandum by Mr. Kagerman. > 24 Letter, Mr. II. J. Boulton to Sir P. Maitland. ib. Address, House of Assembly to His Excellency, to trans. mit Report to Km. Government £5 An^ver ef His Excellecny. „ ib. R EPOR T. — *~*~* — To the Honorable the House of Assembly : The Special Committee on Grievances, to whom was referred the Petition of William Forsyth, of Bertie, late proprietor .of the INiagara F.d in hi ts to obtain re- dress in the ordinary F Law, and that when the House of Assembly took the matter up on his petition Sir Peregrine Mait- land ordered Colonels Givens and Coffin to disobey their summons so that the evidence which would have identified the Lieutenant Qovernor with these matters could not then he obtained, the Colo- nels choosing- to remain in gaol, till the close of that Parliament, rather than give their testimony before the Committee. 8th. That the Select Committee, consisting ef Mr. John Ilolph, Chairman, Gaptays Matthews, and Messrs. Randal, LefFerty, and Beardsley, reported that "Richard Leonard," then Sheriff (and to whom the law had entrusted a large discretionary power in the se- lection of Jurors) "was present countenancing the party commit- ting the trespass," that "both the Crown Officers were engaged in defence. of the persons guilty of the outrage," and that " it is clear that a person long in possession of land, like the petitioner, ought to WPve been ejected by the law of. the land, which is ample, impartially administered, for securing the rights of property, but the interference of the Military, by such acts of violence, for main- taining supposed or contested rights, is justly regarded with jp*„ lousy in all free countries, and ought to be seriously regarded m a Colony, where the most unprecedented outrages have been perpe- trated without prosecut ; on, and even followed by the patronage of the local government upon the wrong doers." 9. That Mr. For^'th applied by petition to His Majesty, and that Mr. Mackenzie, a member of this Committee, at his special request, brought the afEiir under the immediate notice of the Colo- nial Department in 1882. 10. That the House of Commons addressed His Majesty in its Session of 1332, and again its Session of 1833, for " Copy of tho M Reports of two select Committees to whom were severally referred •* petitions addressed to the House of Assembly of Upper Canada, ■• in the Session of the Provincial Legislature, 1828, complaining of ♦* improper conduct on the part of Captain George Philpotts of the M Royal Engineers, and other wrongs, and of the administration of ** justice; with the evidence attached to these Reports, as present- "Report. r " ed to the House on the 24th March, 1828, by Mr. Rolph ami Mr. " Be&rdsley, with the proceedings of the House in the case of Co- 11 lonelts Givins and Coffin, heads of Departments, who wore sent 11 to gaol for refusing to give testimony in the matter of Capt. I *■ pots, they severally alleging to the House that the Major General, " then commanding, would not permit them to attend, together with 44 the proceedings- if any, which have been had thereon by His Majes- " ty's Government, or the local authorities/' And that these docu- ments were accordingly transmitted by His Excellency Sir John Cplborne, and ordered to be printed by a resolution of the Corn- mens House of the Imperial Parliam 11th. That it appears on a reference to the Despatch of Sir Peregrine MaiUand addressed to Mr. Secretary Huskisson, on the 39th of March, 1828, that it contained a gross and unwar- rantable attack upon the rights, privileges and character of the House of Assembly, and a Committee of its appointment, and that .the secrecy of a confidential communication from the Lieutenant Governor of this Colony was taken advantage of to slander and traduce the character of Mr. Forsyth to his sovereign, as " a per- son notoriously of in-different character." 12th. That the conduct of Sir Peregrine Maitland in t!*s ^o pro- ceedings was justly condemned by Secretary Sir George Murray, as appears by Irs despatch £0 Lieutenant Governor Sir J. Colborne, dated October 20 h, 1828, of which a copy is hereto annexed. 13th. That it appear? from Mr. Forsyth's petition that harjassed ,as he had been by illegal proceedings and wearied with fruitless applications for redress, he concluded to dispose of his valuable estate, for less than it was worth, and that no compensation haa been made him for the injuries he sustained by the unlawful pro- ceedings taken against bin? by authority of the late Lieutenant .Governor. 14th. That in a letter to Colonel Rowan, dated the Slst of D? -eember, 1832, Chief Justice Robinson, after giving a description of Forsyth's Estate^ adds that " Mr. Forsyth does not now occu- py any part of the property in question, having ro]d it to orrsong who, I am convinced will never pretend that they have a right to -enclose the public reservation to which he asserted a claim. " 15th. That Messrs. Clark and Street, the persons who purchas- ed the property from Mr. Forsyth have not only asserted their TI Report. right to enclose it, bat have also succeeded in obtaining a verdict for a trespass ujjcm it. 16th. That it appears from the accounts 6ent down to this House that £127 6s. 6£d. Sterling, were paid to the Attorney Ge- neral last year, out of the funds raised by duties levied under the Act 14th George III. for w expenses incurred bv him in defending two suits with costs iu reference to tiie Military Reserve near the Falls of Niagara." Your Committee are of opinion that the petitioner William For- syth hath sustained great injury at the hand of Sir Peregrine Mait- land, and others acting under his authority, while he comm. the Military ferce stationed in the Province; an J that h^ io entitled to such compensation for the wrongs done him, as it may be within the power of government to afford, and they recommend, aa Li ...e proper course to be pursued, that an Address be presented to the Lieutenant Governor, requesting His Excellency to bring the cir- cumstances of the Petitioners' case under tiie consideration of Ilij Majesty's Government, in order that that redress and remuneration jnay be afforded him, for which he has so long, and hitherto, so iia» successfully applied. WM. L. MACKENZIE, Chairman. T. D. MORRISON, DAVID GIBSON, CHARLES WATERS. Commiiiee Room, House of Aseembly, > April 1st, 1835. " \ Petition of W< Forsyth. Tiie Committee met, and the petition of Mr. Forsyth was read as follows :— To the Honorable, the Corrtonons House of Assembly in Provincial Parliament Assl mbled. The Petition of William Forsyth of Bertie, in the Fourth Riding of Lincoln, Yeoman. Humbly Sheweth : That Your Petitioner, on the second hist, complained by Memorial to His Excellency Sir John Col bo roe, in the follow- ing terms : — Stating that in 3821- I (William Forsyth) bought from William Dickson, Esq. Lot 159, with the broken front between it and the Niagara River, adjoining the Falls, also other parts of Lots that had been granted to one Francis Ellsworth about 35 years ago. That in 1S27 Captain Philipotts, with a Military force, viole - ly and unlawfully wrested from me the valuable strip of land on the high bank and brow of the hill near the Fall?, the said Phili- potts acting under the direction of Sir Peregrine Maitland, that my Gardens and Meadows were twice thrown open and my growing crops subjected to *^ste, my Blacksmith's shop destroyed arid thrown over the hill — and that at least 60 acres of growing crops were more or less injured. That I went to law for my damages and to defend my title — had various success — was harrassed many ways — injured ro my oh> cu instances — traduced in my character by the Liei over- nor — persecuted for the sake of my valuable estates wl ich others ■were anxious to obtain — and embarrassed in my business because I had had fortitude to resist executive usurpation-— that thus situ- ated I resolved to sacrifice the whole Falls estate to those who were more likely than myself to obtain equal justice — and that I did so at a price at least $15,000 le?s than its fair v f .,ue to the present owners who had no difficulty in obtaining thsrt justice m the premises which to me (a marked man) had been continually denied. That your petitioner concluded his statement by praying that the Executive Government would compensate him for the injus- tice he had sustained — and received in reply an opinion signed by the Attorney General referring; to the documents printed by order of the House of Commons 18th July 18-3o, and affirming that the government had not abandoned its claim to the property in ques- tion, and that if it appeared expedient to the constitute authorities it was his intention to proceed against Chirk and Street " by the information of intrusion," the Lieutenant Governor in Council, at same time, stated that the new proprietors were placed in your pe- titioner's stead by his sale to tl Your petitioner has long waited for justice, and he refers to the several lawsuits he has been engaged in — to his humble petitions to your honorable house — to the very favorable reports made ua 2 Evident. Vhcm by the three Select Committees of which John Rolph Esq, E. C. Beardsley Esq. aod the late Colonel Boroorivere Chair- men— to the attention paid to his case by the enquiries and ad- dresses of the Honorable the House of Commons— to the evidence on the Journals of your Honorable House shewing that he has been the victim of lawless outrage and military violence — to his memorials to his Majesty— and to the many days he has passed in attendance upon the Legislature urging its interposition in his case. Your petitioner has had his charactei traduced in the most in- decent terms by the late Lieutenant Governor, in his secret com* munications to the Colonial Office : your honorable house has also been grossly misrepresented to his Majesty as a baud of conspira- tors, and a report i: t your petitioners favor emanating from soma of the most honored members of the Legislature was secretly de- nounced, to our most gracious Sovereign, by the then head of the government here, as a production '■* drawn in terms which gratify the malice of an individual or answer the temporary purpose of air unprincipled faction," meaning your honorable house as it exist- ed in the Ninth Parliament. Information as to the outrage committed at the Falls was with- held from your honorable house by the express commands of the Lieutenant Governor, who ordered his officers to dieobey the summons of the House, and to keep back the facts by which the full extent of the atrocities practised by the Military band under Captain Phiilpotts would have been exposed; and although Colo- nek; Coffin and GivenS were imprisoned for contempt, the purpo- ses of the enemies of justice were answered, and enquiry was smo- thered. In order to strike terror into the press and prevent it from exposing these high handed acts, a presentment was made against one of the Editors of this City for expressing his detesta- tion of the cruelty which had been practised towards your petition- er-— and the then Surveyor General joined the enemies of inves- tigation by refusing to obey the order of the House or to give that 7 evidence which would have elicited the facts in your petitioner's favor. Your petitioner domes before your honorable house as a maa ; marked out by the finger of authority to be oppressed with impu- nity — and humbly and earnestly implores your assistance, so that justice — tardy justice — may be done him, and the honor of the Crown and the rights of the subject (violated as they have been in Ins person) duly secured, asserted and maintained. And your petitioner as in duty bound will ever pray. Wm. forsytit, Niagara Falls Pavilion, February, 1635. Friday , 2(iih March, 1835. ROBERT 5. JAMESON, Esq., Atton-y Genzkal, called in and examined. Mr. Forsyth of Bertie, late the proprietor of the Niagara Falfc F&vihon, has petitioned the Ilcnse, conipia.nin^ that at 'east EviL'E-N'C'E. $15,000 have been lost to him in the sale of tho Falla Estate, by the opposition made to his claim to a certain part of that Estate by the Executive Government, which claim has, lie says, been aban- doned by it,- since he sold to Messrs. Clark and Street. What information can you afford this Committee concerning his claim for redress 1 — Answer. — Most of the circumstances to which Mr. Forsyth al- ludes took place before my arrival in this Province, and are detail- ed in t)ro documents appended to his petition now before me. With regard to the matters within my own knowledge relating to Mr. Forsyth's case, I cannot convey the information required of me by the Committee more succinctly than by putting 1 in an extract from the remarks made by me (4th Feb.) upon Mr. Forsyth's petition to His Excellency, which he has partly set out in the one subsequent- ly presented to the House of Assembly, and which is now before the Committee ; my opinions upon the subject being the same as when those remarks were written. The Petitioner, in alleging that " the private Company" (to whom he states that he had sold his property at the Falls : ■ :■ h-\B been obtained againsl has placed ths jud.ciary authority of this ]?:^v'.nc? not nLv,ve suspicion. I>AVIDTHORBURN,Esq , M.P.P.forthe Falls cf Niagara Riding oj the County of Lincoln, called in and examined- You presented a pet o.viur of the Niagara Fa he had sua. tained great injury at the hand of she government, ami ?hut a vio- lent outrage had been committed upon his property while at the Fails. — What d.) you know respecting these matters? — The gene- ral feelings of the country was opposed to the outrage by i\),; AiUi- tarr, bat I am not aware that Mr. Forsyth ever got any redress. It aopears by the accounts &e ession that £ sterling h&A been paid out ot the Provincial Reve- BfttSa without tiie consent ef the Legislature, to the Attorney Gene- ral for defending suits with respect to the title of the crown to some pat of the property claimed ly Mr. Forsyth — Are you aware what *teps Mr. Forsyth-, or the persons he has sola to have taken in these lawsuits ?— I am not. Upper Casiada. No. 1. Cor? of a Despatch fror.% Major Gcnzrul Sir John Cotbornt to Viscount Godirkh. Upper Canada, ) Ycrl: 11 y, 1833. \ DUD, I have th J forward to yo ents witU refoience to ycurLoi -. sj itchcfthe21 Ht Loud cecum Ho:;. J. B. RoBlPTSOiT tf August, in which was transmitted a copy of Resolutions of tbe House of Commons, ug certain petitions addressed to the House of Assembly i the session of the Provin- cial Legislature of 1823, and to acquaint your Lordship, that as the eircum connected with F< .if.ion could not oderstood without a report .^lice Robinson, who was Attorney General at the lime Forsyth brought his action for trespass, I have considered it necessary to call on the Chief Jus- tice for such explanations connected with the affair as he might be • Me to afford^ and to forward tkem for the information of th« House of Commons, I have &c. (Signed) J. COUBQRXE. Letter from Chief Justice Robinson to Lieutenant Colonel Rovxah Secretary, Bfc. fyc. fyc. Yoax 31st Ikcember, 1832. SIB, I have the honor to acknowledge the receipt of your letter, transmitting some >ns of the House of Commons, in consequence of which His Exec : Lieutenant Gover- nor has been desired to furnish copies of certain proceedings in thri Assembly of this Province, upon petitions preferred by Wiir liam Fqrsyth, In reply, I beg leavs : sf e, that the specific call for informa- tion which j of Commons has made, wonid be answered, S3 it appears to me, by merely transcribing from the Journals of the Assembly the Reports referred to, and the evidence appended to them, and I ; those papers to England. If the sub- ject of reference to me is to obtain any further information on the snbject of those complaints which it is in my power to give, f can hav to state such facts as are wiih'm my \ according to the best of my recollection.—- The reports alluded to have not, so far as i am aware, engage*! my attention in tL - country, either in the Legislature or out of it, for some;years.-I hn*'e long ceas them ; and it is more than three years ifmce I fill e Government, which gave me official knowledge of the matters they refer to. it is therefore pre' ' uinor circumstances may have passed from my mind, but 1 apprehend the following statement will be found to be in sub rect. The Township of Stamford, and the other Townships on the River Niagara, as well as some other parts of this Province* were purveyed anil laid eut into lots before.the division of the Province •of Quebec into tJpper and Lower Canada, some time between the years 1735 and : tlaldiman itered the Government of Canada. 1 1 Faying out 'he iands on the River Niagara, a reservation of a Chain in v feet) was made along the top of the bank, partly, I think, with a view to 'be Milj-i 6 Hon. J. B. Robinson, tary defence of the Province, and partly for the purpose of preferr- ing a convenient communication. The River, which in many places is of very moderate width, constitutes a boundary between us and the United States of Ame- rica ; and it no doubt occurred to the government that in the event of war, it might be necessary to construct batteries and other works upon the bank to repei invasion, or to command the pas- sage of the river. In the war which occurred in 1812, batteries were in fact constructed at numerous points along the river. In more recent surveys, made under the authority of the gov- ernment of Upper Canada, it has been thought obviously proper for other reasons, and independently of these considerations, to reserve to the Crown, for the public convenience, the space of a chain along rivers and other waters of far less importance than the Niagara; such a reservation, by preserving the land open, af- fords to all persons access to the water without trespassing upon, the lands of private proprietors. After General Simcoe assumed the government of Upper Cana- da as a separate Province, (in the year 1792) the particular public reservations which had been made along the Niagara river, in the original surveys were designated, and reported to him by the Sur- veyor who had made those surveys under the authority of the Government. Among these, (for there were others at particular points) was the general reservation I have mentioned, of one chain from the top of the bank along the River Niagara. The Letters Patent afterwards issued by the Provincial Govern- ment to the several grantees specified this reservation or exception. It was a matter perfectly notorious and well understood, and no doubt or difficulty, that 1 have heard of, ever arose upon the subject for nearly forty years, and until Mr. Forsyth in the year 1826 or 1627, took upon himself to inclose with a nigh post and rail fence, the allowance or reservation of one chain along- the bank of the river in front of his own lands; and the effect of making this inclosure in the place and manner in which it was made, was to exclude the public from access to the great natural curiosity, the Falls of Nia- gara, except such persons as he might permit to go through his house or premises to the bank of the river. Mr. Forsyth kept the principal Jim at that time at the Falls, and owned the adjoining lands for a long distance along the river, including those points to which all strangers resort to view the Cataract. The public were annoyed at this act of Mr. Forsyth's, and applied by petition to the Lieutenant Governor for redress. This petition I have seen, it was signed by the most respectable inhabitants of the country, and 1 think the Lieutenant Governor was repeatedly applied to, and the necessity urged upon him of having this unau- thorised obstruction removed. I have now in my possession the statements made on oath and preferred to the Lieutenant Governor by the keeper of an hotel in the vicinity, complaining of the op- pressive consequences to him of the vexatious usurpation by Mr. ' Forsyth. The reservation of a chain along the river, had, it seems, been commonly regarded as made for military purposes rather than for civil, and looking upon it in tfiat light, as 1 suppose Sir Peregrins - Hon. J. B. Robikso*. 7 Maitland, who then resided in the District of Niagara, and within a few miles of the reserve in question, and who was then Major Gen- eral commanding, referred to the Engineer officer in charge in that district, and instructed him to see that the space was kr»pt open, ai it had heen, and as it ought to be. This officer, Captain PhillpottB, after Mr. Forsyth had been requested in vain to remove his fence, thought himself bound by his instructions to see that it was remov- ed, and taking a small party of soldiers in their fatigue dress, ha did, in the presence of Mr. Forsyth, cut or pull down the fence, and throw open the land again to the public; and lie also pulled down and removed a small blacksmith's shop, made of board?, which had been placed on the reserve. No force was necessary for overcom- ing any personal resistance, for none was made. To prevent the possibility of encroaching upon Mr. Forsyth's property, Captain Phillpotts procured the attendance of a Mr. Jones, the very sarno sworn Surveyor who had made the original official survey of the ground nearly forty years before, and it was of the land marked oiji by him as the public reservation that possession was taken. It ap- pears also, that to prevent a mis-statement of his proceedings, Cap- tain Phillpotts had requested the Sheriff of the District, who livei near the premises, to be present and observe what was done. The Sheriff did attend, but took no part. The soldiers, in obedience to their orders, pulled down the fence; and Mr. Forsyth, who wo* present, remonstrated and declared that he would prosecute for tins trespass, as he called it, upon his property. The pickets and other materials not having been removed from the ground, Mr. Forsyth eoon afterwards set up the fence again, and excluded the public as before ; and Captain Philpotts again took it down, and with no ad- ditional circumstance of force, and no more direct resistance on the part of Mr. Forsyth. For these two acts, Mr. Forsyth brought civil action?, one against the Sheriff and Captain Phillpotts jointly, for the first removal of the fence and building, and the other against Captain Phillpotta alone for the second removal of the fence. Captain Phillpotts re- ported to Sir Peregrine Maitland, that he had been thus prosecuted for acts done in obedienceto the orders he had received, and I, be- ing the Attorney General at the time, was instructed to defend thosg suits, and to take the necessary measures for vindicating the right of the Crown. My first knowledge of the circumstances I have detailed above, Was acquired after 1 had been so instructed, and 1 relate the facts from my recollection of the evidence given afterwards upon the trial. I pleaded specially to the actions, in such a manner as to bring in issue the right of the Crown to the space of land in question, Mr. Forsyth took issue on that right, not relying upon or asserting in his pleadings that any unwarrantable or excessive violence had been used, or any wrong committed in case the land was the property of the Crown, but simply denying that fact, and asserting the property to be his. To set that point at rest in the most formal manner, I filed an information of intrusion against him on the part of the Crown, for his act in taking possession after the removal of his fence, and to this information he pleaded not guilty. Thus in three several actions or cases, the opportunity was afforded of trying the question by juries pf the country. It was fully investigated, an^ lias. J. B. Robinson. ypcn the clearest testimony u.eided against Mr. Forsyth's preten- sions. He failed in his action against Captain Phillpotta and the Sheriff, and a Verdict was rendered against him on the iuformatioa ef intrusion. Upon this verdict, judgment was entered, and a writ Qfajhoveas ?Tianus sued out and executed. Upon the trials he main, lained his pretensions to the grounds inclosed, by givinga particular construction to the words "top of the bank," and endeavouring ta apply them to the top of the l,wcr Ian};, confining the river at. an inaccessible point, and to which lower bark no person eouid pasa from what is actually the "top of the k>ank," and more especially after he had inclosed the space in question. This construction, repugnant to reason, was clearly repelled by rariou3 proof!?, and especially by the evidence of the very survey- or, still living, whq laid out the ground in the year 1786, who wa* examined as a witness at the trial, and whose explanations were confirmed by a survey recently made by another most respectahl* surveyor. It was proved that the lines of the lots, as originally marked out, were never produced farther than within one chain of the high bank, or commencement of the Table land ; and moreover the actual contents of the lots themselvep, furnished internal evi- dence of this fact. I have also in rny possess'on the evidence on affidavit of a man still living, who was chain-bearer on the original survey, and of another respectable inhabitant of the Province, who was residing in Stamford at the time. This additional testimony I became accidentally aware of tine? the trials, and they are con. elusive as it seems to me, upon the point at is?ue. It was while his action against Captain Phillpot's and the Sbef- iff was penning, and a few months before it was to be tried, that Mr. Forsyth made these statements to the Assembly, the i effect of which would be to elicit a discussion calculated to inflame the public mind, by exc ting a jealcusy of military interference, and from this excitement he probably expected an advantage in hit contest with the government upon the question of right." His pe- tition was entertained and referred to a select Committee, who re- ceived such evidence as tUty chose, and made the report upon it, which appears upon their journals. It will be seen that this report was Brought in at the close of the Session ; no question upon its reception was ever m lor were the opinions ex- pressed on it made the subject of discussion or vote. It has there- fore no other sanction than the opinion of the Committee upon a,n exparte hearing; and if I am entitled to assume that truth must hn regarded in a Legislative body, I may venture to a;: ;ch a report could not have been approved if it had been made ject of open discussion. In the face of whatever attempts were made by the petitioner to excite prejudice, the jury came to this conclusion I have stated. The notes taken of the evidence by the Judge who presided at the trial have most pnob'abty been preserved by him, and a copy might be procured, if for any purpose it should be desired. I will add further, that no exception to the verdict of the jury was attempted to be raised by Mr. Forsyth — no new trial was mov- ed for. In the four years that have e:apsed since, I do not recol- lect that in the Legislature or elsewhere, the suhjret has excite i Hax. J. B ftofturioti 9 Icy interest. Mr. f • any par! of the pro party in questio.i ka - < t I am convinced, tvld never pretend that they have a right to enclose the public res»r?at!otts. I am uot under the impression that an? connexion between the two matters was expressed in the notice given to the officers to attend, or wa3 understood at the time of the occurrence, though, of course, the Select Committee and the Assembly were aware of it, and the Government must soon after have known it, if they did not at first. But however this may be, I am satisfied that no desire to keep from the Select Committee any information that Colonel GiveDS or Colonel Coffin could give respecting Captain Phill potts or Mr. Forsyth, could have had the slightest influence with the Lieutenant Govornor. I cannot see bow there could have been any room for such a motive ; I do not recollect that t liox. J. B. Robinson.'- 11 eVer exehanged a word with either of those gentlemen on the shbjeot of Mr. Forsyth's complaints ; but from the very nature of the thing, from their duties and characters and occupations, I am persuaded in my own mind that, whatever Mr. Forsyth may have imagined, they could have had nothing more to tell respecting that transaction that could affect either the Lieutenant Governor, or Captain Phillpotts, than any two officers that might have been taken at random from any regiment at that time in His Majesty's service. The House of Assembly did not in any subsequent session require their evidence on any complaint cf Mr. Forsyth'?. and if they did in fact know any thing that Mr.. Forsyth himself considered important it was singular thVt they were not heard of upon the trial which afterwards took place, when their evidence must have been most material if it could have affected either his rights or the amount of damages which he claimed, and when their attendance could have been procured as a matter of course, upon an ordinary subpoena. In one of the Petitions cf Mr. Forsyth there are reflection's' cast upon the administration of justice in this Province, and par- ticularly upon the conduct of the Crown Officers, upon whom the duty is imposed of conducting criminal prosecutions in the . Courts of Oyer and Terminer, and in the evidence given by him before the Select Committee, Mr. Forsyth has made certain state- ments affecting myself individually. For more than sixteen years before. that time, 1 had discharged, with one or two short intervals, the duty of Atterney General, and there could scarcely be .much foundation for the remarks made upon the administration of justice, without my being implicated consid- erably in the misconduct, spoken of. Whatever countenance may be considered to have been given to these complaints of Mr. Forsyth by the report of the Select Commit- tee of the Assembly, and through whatever channel and for whatever purpose these matters are now brought under the notice of the House of Commons, I hold myself bound to prove and ready to prove, upon any investigation conducted upon those common principles of jus- tice which regulate the most inferior tribunals in this country, thaly as applied to myself, the charges and insinuations are utterly ground- less, and I undertake, at this distance of time to repel satisfactorily the attempt to justify them by any one act of mine, during the whole course of my public service as Crown Officer. In respect to the assertions of Mr. Forsyth* which expressly ap- ply to myself personal]} 7 , the evidence of the Honorable William Bieksonand of the Honorable Thomas Oar':, printed in the Ap- pendix to the Journals of the same sebsion, will shew to what credit they are entitled. I will only add, what indeed I have already stated, that the Re- port of the Select Committee was never adopted or discussed, or in •any manner acted upon in the Legislature of this Province. Against the act of a Select Committee in receiving evidence, and reporting it, by which means it becomes printed in the Journals, there is no remedy ; but although the Assembly, neither in that time nor in the four years that have since elapsed, brought Mr. Forsyth's statemets, to the test of a public discussion, or of a satisfactory investigation F:3 12 Captaix Piiillpott*. if tlie House of Commons has leisure and inclination to examine in- to my official conduct or private transactions, I shall be happy in- deed to undergo the scrutiry ; and in the mean time, I content my- self with affirming, that His Majesty has no officer in his service, civil or military, in any part of his dorn+n'cns who has kept himself more entirely free from any pecuniary or private transaction that couid interfere with his public duty, or bring in question his char- acter as a man than I have done to the present hour, and I shall be surprised if an individual can be found in the Province of ordinary good character, whatever may be his political bias, who will assert the contrary. J have &e. (Signed) JNO. B. ROBINSON. Captain' pHitLPOTT's statement respecting ilia removal of the fences, £[>c. put up on the Military Reserve, near the Falls of Niagara, by Mr. William Forsyth. Mr. Forsyth, who purchased the farm immediately adjoining the Falls of Niagara some years since, on which he erected a large ho- tel, &c. having, without any permission or authority whatever, taken upon himself to enclose the strip of land originally reserved by tho Government for the purpose of securing a convenient access to the river at all times, and having wilfully destroyed a wooden causeway made on this Reserve by a neighbouring inkeeper, Mr. J. Browne, for the accommodation of persons visiting the Falls, so that the only convenient approach to this great natural curiosity was through his (Forsyth's) own house f and all the most respectable inhabitants in the neighbourhood signed a p i tition to the Lieutenant Governor, Major General Sir Peregrine Maitland, requesting that the said "Re- serve might be thrown open to the public. In consequence of this application His Excellency directed Capt. Phil! potts, at that time commanding the Royal Engineers in that District, and therefore in charge of these Reserves, to make a sur- vey of the Government ground near the Falls, and remove any fence* &c. which had been placed thereon. In compliance with these directions, Captain Phillpotts went to the spot, with a Sergeant and four soldiers, in fatigue jackets with- out arms, having previously visited the Falls for the purpose of call- ing on Mr. Forsyth, and informing him that he had placed his fen. cee, &c. on the Government Reserve ; and having communicated to him the orders he had received on the subject, he informed him that he should be obliged to carry them into execution, unless Mr. Forsyth would remove the fences himself, which he not only refused to do, but threatened to prosecute Captain Phillpotts if he touched them. In order to prevent the possibility of mistake, Captain Phill- potts had obtained Sir Peregrine Maitland's authority for availing himself of the assistance of Mr. Jones, (a sworn surveyor, who ori- ginally laid out that paTtof the Province, when the country was first tettled,) who, on this occasion, made r survey of this Reserve, end pointed out its limits by -pickets, for the guidance of persons em- Sat P. Ma n land. 15 ployed to remore Mr. Forsyth's fences. This tank pkce on ancut th<* ^th of May, 1827, and about four days afterwards, Cuptain Phill- {^otts, having occasion to visit the Falls, saw that these pickets had, >een taken away, and Forsyth's fence re-placed on the R.eseive, which Captain Phillpotts caused to be again removed, and the Ra- serve to be marked out with pickets as before. Major Leonard, the Sheriff of the District, who resides near trio Falls, having accompanied Captain Phillpotts to the ground, at his request, Mr. Forsyth brought a civil action against both of them for the alleged trespass, which was tried at Niagara, and a verdict was given for the defendants. In consequence of his having again placed his fence on the Go- vernment Reserve, the Attorney General was directed by the Lieu- tenant Governor to institute legal proceedings against Mr. Forsyth ; a writ of intrusion was filed against him accordingly^ and on a sub- sequent trial, a verdict was given for the Crown ; and thus, oa two different occasions it has been proved by juries composed of respec- table yeomen of the country, that Mr. Forsyth had no cause of com- plaint whatever against Captain Phillpotts, or the military persons •employed under him on this occasion. GEORGE PHILLPOTTS, Captain ^oyal Engineers, York, U. 0, January, 9th 1833. No. 2. Copy of a Despatch from Lieutenant General Sir P, Maitland to the Right Honorable Wm. Hushisson, Upper Canada, ) York, 29th March, 1828. J Sir, — During the Session of the Legislature of this Colony, *?hich has just terminated, a proceeding has taken place upon which I am compelled to solicit, very earnestly, the opinion of His Majesty's Government, that I may not be at a loss hereafter how to act under similar circumstances. On the 16th instant, Colonel Givens, Superintendent of In- dian Affairs, acting as head of the department in this Province, ia the absence of the Deputy Superintendent General, who resides at Quebec, and Colonel Coffin, Adjutant General of the Militia, communicated to me officially, that they had been summoned to attend a Select Committee of the House of Assembly, and they submitted to me the letters which they had respectively received from the chairman of the Committee, requiring their attendance, copies of which accompany the Despatch. It has been usual hitherto for the iVssembly when they required information from ?ny public department under the Government, or the attendance of any Civil Officer, to address the Lieutenant Governor on the subject, and I do not know that in any instance their request has not been complied with. In some cases, however, the request has been, in the first instance mads to the officer whose attendance was desired, and who has obtaic- sd Lh.9 leave of the Lieutenant Governor, before hs attends thja 14 SiR P. MAlTLANi). .Committee. The mode first mentioned has, however, prevailed, particularly during the last session, in the course of ■which 1 received three or four addresses for the attendance of dif- ferent officers on Committees of the House. Colonel Coffin, as Adjutant General of the "Militia, is. in time of peace, the head of a department in the Civil -Government, Co- lonel Giveus is now, and has been for some time, acting as head of a department under the control of the Commander of the Forces. The former conceived he was following the proper and ordinary course in applying to me, as Lieutenant Governor, for permission to attend the Committee of the Assembly ; the latter was led by a sense of duty to apply for the same purpose to me as Major General Commanding the Forces fn the Province ; and fhey severally sent to the Chairman of the Committee a cemmu- nicat'on of which I enclose a copy, informing him that they hatl applied for leave to attend. For reasons which I shall presently explain, I thought it right to give to the application of these officers the answers which I en- close ; they consequently did not attend, but acquainted the Chair- man of the Committee that they were not permitted to do so*. On the 23rd instant the Chairman of the Committee reported to the House of Assembly that Colonel Givins .and Colonel Co/fin had nut attended, and the House avoiding any communication with me, directed Warrants against them to be issued by the Speaker, that they might be brought up in custody of the Serjeant: at Arms. Of the intention to issue the Warrants the two offi- cers were apprised, and as I did not think it proper that the gov- ernment should interpose in that stage of the proceeding, they were directed entirely by the advice of the professional gentlemen whom they chose to consult. Acting under this advice, they de clined voluntary submission to the Warrant, declaring that force must be resorted to, and intimating that if such foice were use*,;, they would prosecute the Speaker. They were taken on the same day, the 22nd instant, hViving submitted without resistance, after the house, in which they vse>e .had been forcibly entered ; and being brought to the bar of the Assembly, and charged with a contempt in not obeying the sum- mons of the Chairman of the Select Committee, they stated in their vindication that the)- had applied for permission to attend, and hod not received it, and Colonel Coffin read the letter v\hich I had directed to be written to him in answer to his application. The resolution which is transmitted, was then moved and adopted in the House, 21 voting for it and 11 against it, after two amend- ments had been negatived. The Speaker thereupon made. his "Warrants of which copies are transmitted, and Colonel Givens and Colonel Coffin were receiv- ed in custody by the Sheriff the same evening, arid remainod in prison until the 25th instant, wheu the Legislature was prorogued in the ordinary course, and according to an intimation which 1 had given to the two Houses, through their Speakers, many days before. Tbe 2Cd "March bein 20th June, 1833. ) Sir, — Certain papers having been moved for in Parliament, in which some part of your conduct as Lieutenant Governor of Upper Canada is animadverted upon. I have considered it due to you to refer these papers for your consideration, in order that you may have an opportunity of affordiug any explanation upon them which you may think necessary. 1 am, &c. Signed E. G. STANLEY. No. 5. Copy of a Despatch from Lieutenant General Sir L*. Maitland to 31r. Secretary Stanley. London, June 24th, 183-5. Sir, I have the honor to acknowledge, with thankfulness, the sense of justice which has led you to submit to me a Despatch from Sir George Murray, when Secretary ef State, to Sir John Colborne, of 20th of October, 1828, previously to laying it be fore the House of Commons. However strange the statement may appear, I was altogether unaware that such a document existed. By it, I am now for the first time, made acquainted with Sir George Murray's animad- versions on certain acts of my government. As my despatch of the 29th of March, 1828, on which the opinions of the then Secretary of State are grounded, was written expressly with the view of obtaining instructions on a very delicate and important question, and not for the purpose of giving a full detail of transactions, nor of justifying my measures, the propriety of which had not been called in question, circumstances were na- turally omitted by me that would have been necessary for the latter objects, but not for that which I had principally in view. I shall therefore avail myself of the opportunity you have offer- ed m<*, tc supply, as well as my memory will enable me at this this distant period of time, a few circumstanced that seem to have been omitted, and that may tend to place those matters which have been commented on in a truer light. Mr. Forsyth, an Inkeeper, having taken upon himself to enclose with a high fence a Government Reserve, consisting of a chain in width aloiig the bank of the Rrver Niagara, and whick afforded 2.2 Sir P. MaitLand. be public free access to the principal fa 1 ! of the river. I was re- teatedly solicited, by petition and otherwise, to cause the obstruc- pion to be removed. In consequence of these solicitations I di- rtected the officer of engineers who had charge of the reserved lands, to survey the government property near the Falls, and re- move any obstruction that had been placed on it. These objects were carried by him into effect, with the assistance of three or_ four of his men, without arms, in their working dress, and with the temper a\nd caution he was enjoined to ol>ser In the suits instituted by Mr. Forsyth against tire Officer of Engineers it was incumbent on the Plaintiff to establish one or two points to entitle him to a verdict, namely, that the defendant had done that which, by law, he was not authorised to do, or that in doing that which by law he was authorised to do, he had done unnecessrry injury to the plaintiff's property or possession. Both these points were distinctly submitted to the jury, and both were determined against the plaintiff. ;Mr. Forsyth, therefore, no doubt regretted, as well as Sir George Murray, the manner in which this intrusion on the public property had been remov- ed, of course, for reasons that did not lie in the same direction. Can it be seriously believed, that had any other course been taken, Mr. Forsyth or his Counsel, would have found in it less cause for complaint, or have been less industrious in endeavour- ing to excite clamour about it ? It is certain, however, that their efforts could not have been less successful. After a verdict had been obtained for the Crown, and while the civil suit was pending against the Officer of Engineers, every at- tempt was made to prejudice the public mind. Mr. Forsyth pe- titioned the Assembly, complaining of what he termed a grievous outrage, decribing the act as a lawless high handed exercise of military power. This petition was referred to a Select Commit- tee, of which his counsel in the proceedings at law was appointed member and elected chairman, and on the ex-parte statement of his client, and other witnesses, not on oath, framed a Report in direct opposition to the verdict that had been rendered and intend- ed, as it must be supposed, to influence that which was yet to be given. This Report, when made, became a public document, and found its way into the public papers ; and thus, upon a question of right, which had yet to be tried, the party had to encounter whatever weight a prejudice so excited could throw into the scale. The jury, however, gave their verdict for the defendant, as I have already siated. It is rather singular, that nearly at the same time, an intrusion on the public property in the town of Washington, in the neigh- bouring Republic, had attracted attention. The obstruction in that case was removed by a party of the military, escorted by a company of soldiers fully aimed. A circumstantial narrative of the occurrence was given in the papers of that country ; but in no instance, I believe, accompanied by any expression of disapproval. To procepd to Sir George Murray's observation, that 1 should liav« exercised a sounder discretion bad T permitted Colonc « Sir 1\ Maitland. 23 Uivins and Coffin to attend the Select Committee, I concur en- tirely with Sir George Murray in thinking that it would have been advisable to do so had the Committee, as was usual, applied to me to direct their attendance. It was very well known that they could give no more information respecting the alleged outrage complained of by Mr. Forsyth, than any military officers selected at random from any part of the Province. It wa«? no wish to with- hold information therefore, that influenced me in this matter, and I did not fail to take care that the Committee should have reason to be assured that, in the event of the usual application being made to me, the officers would be desired to attend. It was scarcely therefore to be anticipated that the Assembly, so near the period which had been notified for the close of the Ses- sion, many members having already returned to their homes, would, without any previous communication made to me, be led to take the course which they adopted, a course so iiKely to be, as it actually was, attended with very general reprobation. Sir George Murray remarks, that the chief reason adduced by me for not allowing the officers to attend the Committee is stated to have been that I did not know the nature of Forsyth's com- plaint, nor the facts in regard to which the evidence of those offi- cers was required. I stated this as a reason (not the chief reason) for it was calcu- lated, if submitted to the Committee, to remind them that it bad been usual, in similar cases, to apply to the Lieutenant Governor, and in doing so, to furnish him with information on certain points. Before I acquiesced in the course which had been taken by the Committee, it doubtless became incumbent en me to consider well what might be the effect of my acquiescence at any future period. In doing so, it appeared to me that the security of the Colony, in the strongest sense of the term, would be affected, and that objections against the measure might be adduced as important as undeniable ; but they were not, for obvious reasons, such as I could properly submit to the Assembly, or state in a despatch which would probably be submitted to that body. I am always ready to state them, if called upon by His Majesty's Government to do so. It has of late years grown into a practice to submit the official correspondence had with the Colonial Office to the Legislature of the Colonies, if called for by them, unreservedly. The Lieutenant Governor of a Colony must therefore necessa- rily exercise a greater degree of restraint than formerly, in address- ing the Secretary of State. And if he cannot rely upon being met by so much consideration as will ensure to him the opportu- nity of offering explanations before his measures are condemned, he may justly despair of being able to render justice to the office he is entrusted with. 24 Mr. Hagerman. I regret that it should have been made necessary for me to trou- ble you with this long detail of transactions, which had long ceased to occupy my attention, and respecting which many circumstan- ces have possibly escaped my recollection I have, &c. P. MAITLAND. P. S. — The Attorney General of Upper Canada being in Lon- don, I requested him to give any information he could supply, respecting the lease granted by Messrs. Clark and Street, a matter sliuded to in the Report of the Select Committee, hly recollec- tion of the circumstances accord with the statement made by Mr. Boulton, and I request that his letter may be considered as an- nexed to this communication . . . . P. M. A Select Committee of the House of Assembly was appointed in Upper Canada in the Session of 1821 or 1822, to revise the Militia Laws of the Province, who were desirous of obtaining Information on some points from the Adjutant General of Militia. This cf^.cer was consequently requested to attend the Committee without any previous application for leave fo the Lieut. Governor. This, upon a eHgsesUon to the Chairman of the Committee (the late Colonel Ni- chofof the Provincial Militia) was ascertained to be irregular, and consequently a formal request for leave to this Officer to attend was tra.nsvnU.ttd to the Lieutenant Governor, and of course promptly eomplyed with, and this has boon the constant practice in cabes of this description (except that of Colonels Givins and Coffin) so far as iw parliamentary experience extends. * (Signed) C A. HAGERMAN. M. P- P. for Kingston, U. C. S&BS J me 1838. ;+*&• f-om H- J- Boulton, Esquire to Lieutenant General Sir P, Maklatid, K. C. B. Motility's Hotel, aa.1 London, 2-iiti. June, 1883 In reply to your inquiry respecting my recollection of ihs c'.rsjmstances under which Messrs. Clark, and Street obtained a lease of part of the Military Reserve near the Fails of Niagara in 18*37, I beg to acquaint you that the instrument under which 1 riese gentlemen hold those premises in question was drawn by me as Solicitor Genera! of Upper Canada. Previous to their obtaining th.ei:-:;.se, Messrs. Clark and Street, had become lessees of the King's Ferrv across the Niagara River, just below the Falls, and opposite to the property of a Mr. Forsyth, an innkeeper who had himself at one time been desirous of obtaining a lease of the Ferry. When they became lessees, this man, Forsyth, obstructed their enjoyment of it In every possible way, setting up, at the same place, a Ferry in opposition to theirs, and as was believed from a variety of cir- cumstances, causing several of their boats to be destroyed. For thess injuries, Clarke and Street brought actions at law against Mit. H. J. Boulton. 25 Forsyth, in which I was their Counsel, and Mr. Rolph, Chairman subsequently of a committee of the Assembly, who reported upon a petition presented to that body by Forsyth, complaining of the Go- vernment for pretended injuries he hud Sustained through their in- terference, was Counsel for Forsyth. In these actions the Lessees clearly established their right, and two several juries at successive Courts, gave considerable damages against Forsyth for bio distur- bance of their right of ferry. The Crown also filed an information of intrusion against Forsyth for entering upon and assuming the property in the ground reserved for military purposes, and although he used all toe means in his power to cause it to be believed that he was an oppressed man, and that the military were set in array against him, when in truth only two or three soldiers accidentally passing from one post to another, in their fatigue dresses, were employed as common labourers to remove obstructions he had caus- ed ; the jury, after remaining out several hours, returned a unani- mous verdict for the Crown, thereby negativing his right to the ground, and fully establishing that of the Crown, to the satisfaction of every respectable man in the neighbourhood. Under these cir- cumstances, and for the purpose of preventing any persons from erecting any ferry-house, or keeping ferry boats on the shore, where Clark and Street had the right of ferry, for which they paid a large rr.ur, and also to keep the ground open for the free access of tl 3 public which Forsyth had interdicted, — Clark and Street obtained an order for a license of occupation of that part of the reserve near the ferry, up and down the river. The object of granting this li- cense was to protect the lessees in the proper enjoyment of their right of ferry, and to keep the shore open and free of access to the public, who had been shut out by Forsyth, unless they passed through his inn, which tended to create a monopoly for his house, and was felt as a serious nuisance by the public. Mr. Clark stated his reasons for wishing the lease to me, and I prepared e !°$e«, un- der the Great Seal, to him and his partner to hold, strictly during pleasure, at a pepper-corn rent. This instrument gave Mm a. ? egal title to the possession — at the same time, from the uncertain period at which they could hold it, the Crown and public were fully pro- tected in the enjoyment of the easement it was intended the latter should possess, that of free ingress, egress, and regress*, to the Falls, as the Crown, from the terms of the lease, retained the power of putting an end to the tenure, should the confidence be abused which was placed in the lessees. They have, to my knowledge, acted hitherto in accordance with the expectations of the Govern- ment, and I am certain the grant to them has been productive of evil to no one, and was never intended to prejudice the rights evjan of Forsyth ; and if he had not shewn the obdurate disposition which he so frequently and violently manifested, of obstructing the free use of the King's Ferry, and would he have permitted the ground in question to remain open, as it formerly had been, and un- enclosed, I do not think that the grant to Clarke and Street would ever have been thought of, either by themselves or any one else. It was purely a measure of defence against this man's repeated agressions. I have, &c. (Signed) H. J. BOUJLTON. 26 Address & Answer. To His Excellency Sir John Colborne, Knight Command* of the Most Honorable Military Order of the Bath, Lieu- tenant Governor of the Province of Upper Canada, Major General Commanding His Mnjesty^s Forces therein^ fyc. fyc. fyc. May it please Your Excellency : We, Your Excellency's dutiful and loyal subjects, the Commons of Upper Canada, in Provincial Parliament as- sembled, humbly request that Your Excellency would be plead- ed to transmit to England, and favorably to recommend to His Majesty's Government, the Report herewith presented to Your Excellency of a Select Committee of this House appoin- ted to enquire into the claim preferred in the present and for- mer Sessions of the Legislature, by Mr. William Forsyth, of Bertie, Yeoman, late proprietor of the Niagara Falls Estate, to compensation for injury and damage done him, under the authority and by the command of the Officer lately command- ing the Forces in this Province. We are of opinion that Mr. Forsyth has fully proved that he sustained damage, and that his case is an aggravated one, deserving the early and favora- ble consideration of His Majesty's Government. MARSHALL S.BIDWELL, Speaker. Commons House of Assembly, > 2d day of April, 1835. ) ANSWER. Gentlemen, I will transmit this address and report to the Secretary of State for the Colonies. The opinion of the Law Officers of the Crown that the in- trusion on the Military Reserve near the Falls was an iniqui- tous proceeding; and that the intruders should be again pro- secuted, will prevent my complying with the request of the House, in respect to a favorable recommendation to His Ma- jesty's Government oi the case of Forsyth. The opinion of the Attorney General is expressed in this extract of his report on the case : Extract from the Report of the Attorney General on the case to which the Petition of Wm. Forsyth has reference da- ted 4th February, 1835. 14 So far from entertaining any doubt as to the right of the " Crown to the Reserve in question, lam convinced that the " claim now set up by Clark & Street is an unrighteous one, M and unless it shall appear to the Executive Government, for " any reason not at present apparent, to be inexpedient, it is 44 my intention to proceed against those gentlemen by the in- 44 formation of intrusion, which I was, for the reason I have 44 just stated, obliged to withdraw." -STJlTDaY" BILLS Massed t jy the house of assembly during THE 1st SESSION 12th PARLIAMENT, ANI> LOST IN THE LEGISLATIVE COUNCIL, An Act to amend the Charier of King's College "t*7"HEREAS His late Majesty, George the Fourth, was gra-* V* eiously pleased, by letters patent at Westminster, on the loth day of March, itrthe eighth year of his reign, to establish at or near the Town of i"crk, now City of Torouto, a College, with the style and privileges of an University, for the education aud in- s.ructiou of youth and students in arts and faculties, to be caiiedr ** King's College ;" which charter is in the following words : — !; GEORGE THE FOURTH, by the Grace of GOD, of tht United Kingdom of Great Britain and Ireland, King^ Defender of ths Faith, S/c. *fc. fye. - To all wi:o:.: these presents shall coje — Greeting;;' ITHEREAS the establishment of a College within ovf ! S Province of Upper Canada, in North America, for the education of youth hi the principles of the Christiau religion, and foj their instruction in the various branches of science and hterarure which are taught in our Universities in this Kingdom, would greatly conduce to die welfare of our said Province; A^'D iv here as humble application has been made to us by many of our loving subjects of oursaid Pre ince, that we would be pleased to grant our Royal charter for the more perfect establishment oi n College therein, and for incorporating the members thereof for the purposes aforesaid. NOW KNOW YE, That we, having &ken the premises into our Royal consideration, aud duly weigh- in^ the sreat utility and importance of such an institution, havsy m £ lyfJVG^ Colllge. r\f our special grace. cerf;m) knowledge, ami mere motion,, or- dained and granted, ami do by these presents, lor us, our heir* and si ccessors, ordain and grunt, that ).here shall be established ?;T or » ear the Town of York m our said Province of Upi er Cana- da, from this rime, one College, with the style and privileges of an University as hereinafter directed, for the education and in- struction of yoj&th and students in arts and faculties, 10 comma* for ever, tn be called ; King's Colle'e.' M And we do herehv declare a. id grant, That onr trusf-v and well beloved the Right Reverend Father in Goo, Charles Jtemes, Bishop of the Diocese of Quebec, or the Bishop for the time be- ing .of the Diocese in which the said Town of York may be situ- ate, or any future division or alteration of the said present Din- eese of Quebec, shall for us and in our behalf be the Visitor of Hie said College : and that our trusty and we!! beloved Sir Pere- grine Maitland, our Lieutenant Governor of our said Psoviuee, or the Governor, Lieutenant Governor or other person administering the Government of our said Province for the time being,, shall b* Chancellor- of our said College^ " And we do hereby declare, ordain, and grant, that mere shall at all times be one President of our said College, who shall be a Clergyman in Holy Orders of the United ChurGh of England and Ireland; and that there shall' be such and so many Professors in different arts and faculties within our said College as from time to time shall be deemed necessary or expedient, a::.! as shall be appointed bv us or by the said Chancellor of our said College, o:r our behalf, and birring our pleasure. •■And we do hereby grant and ordain that the R°verend John S'raehan. Doctor m Divinity, Archdeacon of York, in our said Province of Upper Canada, be the first President of our said Col- lege, and the Archdeacon of York in our said Province, for the time being, shall, by virtue of such his office, be ai aii Limes the President of the College. " And we do hereby, for us our heirs and successors, will or- dain and grant that the said Chancellor and President, and the said Professors of our said College, and all persons who shall be duly matrienleated into and admitted as scholars of our said Co!- le.rre, and their successors for ever, shall be one distinct rod sepa- rate body, politic and corporate, in de^(\ and in name, by the name and style of *'tbe Chancellor, President, and Scholars of King's -College a! York, in the Province of Upper Canada." and that by the same name they shall have perpetual succession and a com- mon seal: and that they and their successors shall, from time to £irne, have full power to alter, renew, or change sucu common seal at their will and pleasure, and as shall be found eonwnieuj. ; and that by the same name they the said Chancel or, President, and Scholars, and (heir successors from tune to tune and at alt tunes hereafter shall be able- and capable to have, take, receive, pur- chase, acquire. Imid. possess, enjoy and maintain, to and foi the. use ef the said College, aav messuages, lands, tenements: and he- r^d'tame-nts of what kind, nature, or quality soever, situate and In Li* Hitliiii out said Province of C "■ j r Canada, so ao the sauae King's Coi.Lr.cr. c •*; :s rtot PTo«*d in yearly vnlue t'ie cum of ,€15,000 above all ieharges ; and moreover to take, purchase, acquire, havr-. U t -dt. •enjoy, receive, possess and retain, all or any goods, chattel, cfikJTr itahle or oilier contributions, gifts or benefactions whatsoever. " And we da hereby declare and grant- that the said Chancellor President, and scholars and their successors by the same name shall and may be able and capable in law to sue, and be sued, im- plead and be impleaded, answer and "be answered, in all or any roort- or courts of record within our United Kingdom of Great ISrit-iiu and Ireland, and our said Province of Upper Canada and other our dominions ; in ail and singular actions, causes, pleas, suits, matters and demands whatsoever of what nature or kind soever in as large, ample, and beneficial a maimer and form asy>j other body politic or corporate, or any other our liege subjects, being persons able and capable in law, may or can sue, implead i>r answer, or be sued, impleaded or nns-.vered, in any manner what- soever. 14 And we do hereby declare, ordain, and gra*;t that there shajJ be within our said college, or corporation, a council, to be called and known by the name of "The College Council*,'' and we no will and ordain that the said Council shall consist of the Chancel- lor, President for the time beitis, and of seven of .the professors in arts and faculties of our said College, and that such, seven profes- sors shah" be members of the Established United Church of Shjjy- l.and and Ireland, snd shall previously to their admission into ihtf said College Council, severally sign and subscribe the thirty riijte articles of religion, as declared and set forth in the book of com- mon praver. And in case at anytime there should not be with»u our said College seven professors of arts and faculties, being mem- bers of the Established Church aforesaid, then out will and plea- sure is, and we do hereby grant and ordain that the said Cohere Council shall be tilled up to the requisite number of seven, exclu- sive of the Chancellor and President for the time being, by such persons, being graduates of our said college and being members of the Established Church aforesaid, as shall for that purpose be appointed bv the Chancellor for the time being of our s :id Coi- ) e King's CoLLUCTo respectively subscribe the thirty-nine Articles aforesaid grejriousljr io their admission "into the said council. *' And we do further declare and grant that the members of ths said College Council, holding within our said College the offices of Chancellor, President or Professor in any art or faculty, shall respectively hold their seats in the said Council so Ions: a* they and each of them shall retain such other offices as a foresaid & no longer ; and that ;he members of the said Council not hold- ing offices in our said Council, shall from time to time vacate their seats in the said Council when and as soon as there shall he an adequate number of Professors in our said College, being members of the Established Church aforesaid to fill up the said eouncil to the requisite number .before mentioned. " And we do hereby authorise and empower the Chancellor for the time being of our said College, to decide in each case Trbat particular member of the said council not holding any such office as aforesaid shaii vacate his seat in the said Conncii upon the admission of any new member of Council holding any such office. " And we do hereby declare aiid grant that the Chanrcllor, for the time being of our said College, shall preside at all meetings of the said College Council, when he may deem it proper or convenient to attend, and that in his absence, the President of our said College shall preside at all such meetings , and that in the absence of the. President the senior member of the said Council present at any such meeting shall preside thereat, and ffiat the senit rity cf the members of the said Council, other thru the Chancellor and President shall b^ regulated according to tie date of their respective appointments . Provided clioays th members of the said Council being Professor in our said College, shall in the said Council take precedence bvei and be considered as senior to the members thereof,- not being Professors in our s-aid college. u And we do ordain rind declsYe that no meeting of the saifcl cexracilsha]! be, 01 be held to be a lawful meeting thereof, unless five members at the least, be present during the whole of every such meeting ; and that all questions and resolutions proposed for the decision of the said College Council, shall be determined by the majority of the vote*! of the members of the council pre- sent, including the vote of the presiding member : and that in the event of an equal division of such votes, the member presiding at any such meeting shall give an additional or casting vote. " And we further declare that if any member of the said coun- cil shall die or resign his seat in the said council, or shall be sus- pended or removed from the same, or shall, by reason of any bodily or mental infirmity, or by reason of his absence from the said Province, become incapable for three calendar months or upwards, of attending* the meetings of the said council, then and >n every such case, a fit and proper person snail be appointed by the said Chancellor to act as, and be a member of the said coun- cil in the place or steed of the member so dying or resigning; o: £0 suspended or removed, or incapacitated as aforesaid: and s'.r,k King's College. to any member ro suspended or iaca-paci- ,tated shall vacate such his office on the removal of any such sua- sion or at the termination of any such incapability as afore- said, of his immediate predecessor iu the said council. u And we do further ordain and grant, that it shall and m-"- r be competent to and for the Chancellor for the time being of our said college, to suspend from his sect in the said council, any member thereof, for a;:v jus' and reasonable cause to the said Chan- cellor appearing ; provided that the ground of every such sus- pension shall be entered and recorded at length by the-said Chan- .eellor in the books of the snid Council, and signed by him; and every such person so suspended shall thereupon ce;:?e to be a member of the said Council, unless ?.;i(] until he shall be restored to and re-established in such his station therein, by any order to be made in the premises by us or by the said visitor of cur said College, actmg ^n out behalf, and in pursuance' of any special reference from '."-■. "And we do further declare thai any mem' er of flic said Conn- .'•'1 who, without sufficient causeitnbe allowed by the said Chancel- lor by an order entered for that purpose on the books of the said Council, shall absent himself from all the meetings thereof \vh?«h may be helsJ within any six successive calender months, shall there- on vacate such his seat, in the said council. 11 And we i]o by these preset!!?, fbr us. our fceirs and sarc*\ssois, will, ordain, and grant that trie siid Council of «ur said College shall have power and authority to frame and make statutes, riUesi rind ordinances, touching pod concerning the good government of the raid College, the performance of Divine service therein, tlie rtunics, lectures, exercises, degrees in ar*\s and faculties, and all matters regarding the same, tlie residence and duties of the Presi- dent, of our said College, the number, residence, and duties of the Professors thereof, the management of the revenues and property of the said College, the salaries, stipends, provisions and emoluments, of and for the President, Professors, Scholars, Officer?, and Ser- vants thereof; the number ana duties of such Officers and Servants, and also touching and concerning n^y other matter or thing' winch to them si)?.]-] seem gco:t, fit, and .useful fur the well-being a-ed ad vancement of our said College, and agreeable to this our Charter. — And also from time to time, by any new statutes, rules cr' ordinan- ces, to revoke, renew, augment, or alter all, every, or any of tiie said .statute?, rules and ordinances, as to them shall soem meet and ex- pedient : Provided always, that the said statutes, rules and ordinan- ces, or any of them, shall not, be repugnant to the laws and statutes of the United Kingdom of Great [Britain and Ireland, or of our said Province of Upper Canada, or to this our Charter. Provided also, that the said statute?, rules and ordinances, shall be subject to the approbation of the said Visitor of the said College for the time being-, and shall be forthwith transmitted to the said Visitor for that pur- pose and that in case the said Visitor shah for U3 -nod in our behalf in writing, signify his disapprobation thereof within two yea rs of the time of their being so made and framed, the same or snch part .thereof as shall be so disapproved by the said Visitor, shall, from v King's Co!.ly.cf. ths *'*t?° • r such. i < '.•'•>r^^ , "0:>a , : -^»rr being '^i ' 'y 'an own to t.he ^i". 1 Chaw- eellor of our said College, be utterly void and of no effect, but other- wise shall be and remain in full fforoe and vor>ue. «• Provided nevertheless, and we d^ hereby expressly save *^d ~°- e«r''efo up, our heirs and successors, t.h' 3 rower of reviving, confirm- ing, or reversion, by any order or orders to he by us or them mads in our or their Privy Council, all or anv of the decisions, sentences, o- orders so to he made a* aforesaid by the said Visitor, for ns and - behaif in reference to the said statutes, rules and ordinances, or any of them. ** And we (\n fjr^i^r nrdam and deelare that run statute, ru\» nr ordinance, shall bo framed or be made hy t lie sa;d College Council, touching the matters aforesaid, or any of them, exceptmg only such as shall be proposed for the consideration of the said Council by the Chancellor for the time being ot our said College. 44 And we £" require and enjoin the said Chancellor thereof L o consult with the President of our said College, and the next seniou m mber of the said College Conned, respecting all statuses, rules and ordinances, to be proposed by him to the said Council for their iRonsideration * " And we do hereby, for us, on*- heirs and successor*, c^^r-^o nr ,r] command, that the statute?, rules and ordinances aforesaid, subject to the said provisions, shall be stricty and inviolably observed, kept and performed from tome to tone in full vigor and effect, under the penalties to be thereby or therein imposed or contained. " And we do farther will, ordain ard gr?.n f , that the Raid College shall be deemed and taken <:o bo an University, and shall hav^ and enjoy all such and the like privileges a= are enjoyed by our Univer- sities of cur United Kingdom of Great Britain and Ireland, as far «s the same sre capable of being had or enjoyed by virtue of these our letters patent ; and that the students in the said College shall have liberty and facility of taking the degrees t»f Bachelor, Master & D'>r- for in the several arts and faculties at the appointed times, and shaSl have liberty within themselves of performing all scholastic exercises for the conferring such degrees, in such manner as shall be directed by the statute?, ru'es, and ordinances of the said College, 11 And wo do further will, ord i»n and appoint, t'->af norelig : ous test or qualification shall be required of or appointed for any persona ad- mit ted or matriculated as scholars within o^.r said College, or of per- rons admitted to any degree in any art or faculty therein, save only that ad persons admitted within our said College to any degte • oi divinity, s^al! makesuchand the same declarations and sub-enpt on-, and take such and the same oaths as arercquitf-u of personsadmiUed to any degree in Divinity, in our University of Oxford. "And wo do further will, direct arid ordain, that, the Cha^c*!]©* President, and Professors of our said College, and all persons rfhvt- ted therein to the de&r?.^ of Master of A^ts, or to any degree in D vi- nitv, Law or Medicine, and who from tk n rime of such their edmi el such degree, shad pay the annual sum of Twenty Shillings', ster- ling money, for and towards the support and maintenance of the paid College, shall be and be deemed, taken, and reputed to he the mem bera fothe Convocation of the said University, and as such memhers KhNG'fij CoLEEGE. U f»f the «a J Convocation, shall have, ex«reise, and enjoy all pitch a ' i!i-» hke privileges an art- enjoyed by ihe member- of the Con voce of our university of Oxford, so far as the same are capable of being tad and enjoyed by virtue of ihesjou-r letters patent and eonsjdlently w tii the provisions 'hereof. *• And wrt»will r and by these presents, for us, cur bebsand sncc sa- ,' d ant and declare, thai these, our U ttere patent, or 1 1 e enrol ment or exemplification thereof shall and may be good, firm, vuhd, sum-cieii!, and effect ual in the L-iw, according to the tru intent ai d rneaum^ of the same* and shall betaken, construed, and adjnd ■ ..^ in the most favorable vie benefii a! sense tor the besl advantage . t the t*n 4* c -» That from and afrert.be passing of this* Act, the Archdeacon of York, now City of Toronto, for the time bi ing, shad not by virtue of ins office of Archdeacon, bp at all times President of 1 he basd Umversi'y, any thing i.n the bald Charter to the contrary notwithstanding. 4. And hi-, it cy-c, That from and after the passing of this Act, the Professors of the said College and the Council thereof shall yot be required to be members of tiie said Established Unitf d Uh rcb, or to subscribe tue th rly nine articles thereof, any thing in the Char- ter to tne comrary notwithstanding'. 5. And be it. <£'c,*, Tuat there be at allti'mes as many Professor?,. Tutors, and Lecturers, in the different arts and faculties in the sa 1 College as from tune to time shall oe deemed necessary orexoedien£» and. «*» fciiili b€ appointed in lue manner herein after provided and h King's College. in no other manner, u,.y thing in the said charter to the contrary no; withstanding. (h And be it Jve, That ih^re shall be within the said College in the place and stead of the Couucil in the said Charter mentioned, a Council to be called and kr: >wn by the name Of the Council of King's College, which Council shall ooas it of twelve persons, one 1 riie number of which p srsotis shall be nominated by the Legist; Council, and* the other half by th.^ House of Assembly, which per- sons Sv) nominated shall be cer. ; le respective Houses to the Governor, Lieutenant Governor, or person administering the Gov- or, foi the time being, and shall hold their offices for four years noihination and l ; k-;.c- : ' until the thou sion of the Provincial Parliament, and no longer. 7. Andbe it qic , That if any member of the said Council shall dm or shall be suspended or removed from Ins said office, or shall by reason of any hqdily or mental iafiruatyv or by reason or" ins absence from the said Province, become incapable for s x calendar months or' upwards, of attending the meetings or" the said Council then and in every such cas*», ;i Ht and proper person shall be appointed by the rest of the said Council to act and be as a member of the said Courur ail in ?ny place and stead of the member so dying or so suspended or removed or incapacitated as aforesaid, and the appointment of sneii new member of the said Council shall be communicated to the Pro- vincial Legislature through the Governor Lieutenant Governor or' person administering the Government for the time being, at their next, Stssion, and it shall and may be lawful for that branch of the Legislature by which the person so dying or suspended er removed or Hiitapaeitau.d as aforesaid whs appointed either to confirm ea:d temporary appointment made' by the said Council asafor or to appoint another; as such branch of the Legislature e ft. 8. And belt cfc, That no meeting of the Council shall be taken i to be a lawful meeting thereof nor any qaesth tHpllonujourr, unless nine members at tiie least be present and that n ; questions Si resolutions proposed for the decision cf such College Council, £hall be determined by the ma jority of the members of tln=* (ou 6ilnreBent,in€ludi0g the vote^ofthe presid ng member, and the £ In the event of an equal division of such votes, the member presiding . such meeting shall give an additional or easing- vote. 9. An I b& i/, cy-c. That any member of the said council may at any time be suspended or removed by a joint resolution of the two branches of the Provincial Legislature. 10. And be if, ere. That it shall and may be lawful for the said Council of the said College from time to time to nominate and elect so many Professors, Tutors, and Lecturers in the several arts, sci->- encee, and matters of learning, as to them shall seem fit and ne- cessary fc. That the Board of Edu- cation hereby established for each and every District of this Province shall meet on the .Monday of the week in which the Court of General Quarter Sessions for such District is to be held in the month of July, and at the place where the said Court is to be held, and in the month of June in such places where the Quarter Sessions is held in June, and then and there appoint their Chairman, and transact such business as the laws of this Province authorise the present Board of Edu- cation to do ; that three members be a quorum, and that such members as attend be entitled -to ten shillings per diem, pro- vided the number of days does not exceed three. 6. And, be it further enacted, Sfc. That so soon as the Board of Education in each District shall consider it advisa- ble they may, before assigning to the Teachers their annual salaries, reserve a sufficient sum for paying the boarding and tniaon at the District School, or other seminary to be select ed by the said Board, of such select number of scholars from each county, not exceeding eight, as shall be chosen by such members of the Board of Education as shall have been ap- pointed in the different Townships of such County. 7. And be it further enacted, fyc. That so soon as the Board of Education in each and every District in this Prov- ince shall rind that the state of the funds will admit of it, they may set aside a sufficient sum to pa} 7 the boarding, tuition and wearing apparel, of one or more select Student or Students from each County, in order to enable him or them to pursue his or their studies in the higher seminaries of learning, such Student or Students to be chosen by such members of the Board of Education as are appointed by such County, 8. And be it further enacted, fyc. That no Student sent either to a District School, or any other Seminary of learn- ing, shall be recalled in a shorter period than three years, unless such members of the Board of Education as reside in the County from which such Student shall have been sent will unanimously agree. KbUCATION. P 9. And bs it further enacted, fyc. That the Board of Education in each and every district, shall, at its Meeting in the months of June or July, appoint a time and place in t ;'oh county where all Schoolmasters of such county shall attend to be publicly examined by the Master of the District School, aided by such Members of the Board of Education as reside in such county. 10. And be it further enacted, S?c. That the Board of Education for each and every District, may cause its Clerk to acquaint the Schoolmasters, at least six months previous to examination, of the time and place where such examination will be held, and the particular branches of education for which prizes shall be awarded. 11. And be it further enacted, &c. That the Teacher who shall be declared to have gained the first prize, shall be enti- tled to one pound yearly, while teaching, over and above his regular salary; second prize, fifteen shillings; third prize, ten shillings ; second and third prizes subject to the same con^- dition as the first prize. 12. And be it further enacted, fyc. That no Teacher of a common school shall be entitled to any benefit from the edu- cation fund, who shall not have attended the county meeting for the examination of Schoolmasters, unless prevented by sickness, to be certified by one of the Trustees of the Com- mon School for which he is the Teacher. 13. And be it further enacted, Sec. That the Master of the District School and such Members of the Board of Educa- tion as have attended the county examination of Schoolmas- ters, shall be entitled to ten shillings each, for every day ne- cessarily employed in the said examination, provided it does not exceed three days for any one county. 14. And be it further enacted, fyc. That for the mainte- nance and encouragement of education in this Province, there shall be established a fund, to be entitled, "Education Fund," which said fund shall consist of such sum or sums as the Le- gislature shall deem fit to appropriate for the same from the revenues of the Province ; secondly, of the interest of the proceeds of the sale of the school lands, and all interest ac- cruing from the proceeds of all other sale of lands appropri- ated to education ; and thirdly, all such monies as may be available from the leasing of land for the purposes of educa- tion.* 15. And be it further enacted, S?c. That all sums of money already paid into the hands of the Receiver-General of this Province, or which shall hereafter be paid to him, as the pro- ceeds of land sold to promote education, shall by him be in- vested in the purchase of any Government debentures autho- * Education. rised by any Act of the Parliament of this Province, and that the interest payable upon such debentures shall continue t«r be charged to the general revenue of this Province, and shall be annually placed to the credit of the Education Fund, by this Act created. 16. And be it further enacted, c^c. That in aid of the pre- sent appropriation for the support of common schools in each and every district of this Province, there shall be granted to His Majesty, annually, the sum of twelve thousand pounds, to be distributed among the several districts in the manner hereafter provided, out of any monies which are now raided and levied, or which may hereafter be raised and levied by the authority oi' Parliament, to and for the use3 of tins Province. 17. And be it further enacted, SfC. That it shall and may be lawful for the Governor, Lieutenant-Governor, or person administering the Government of this Province, in eacli and every year, according to the last preceding census of the po- pulation of the Province, to apportion the money already granted by the Legislature, or winch shall be hereafter grant- ed, among the several districts, together with such further sums of naoney as may be afforded from the Education Fund. 13. And be it further enacted, Sec. Thai it shall and may be lawful for the Governor, Lieutenant-Governor, or person administei ing the Government of this Province, on or before the Sfteenlh of June in each and every year, to cause to be transmitted to the Clerk of the Board of Education in each and every district, a copy of such warrant as he shall have issued in favor of the Treasurer of such district, for the payment of the portion assigned to such district out of the Education Fund. 19. And be it further enacted, &c. That it shall be the duty cf the Chairman of the Board of Education for each and every district of this Province, to report the state of the district common schools, to the Governor, Lieutenant-Governor, oc person administering the Government, that the same may be laid before the Legislature, at its first meeting, for their in- spection ; and that the Chairman be entitled to ten shillings per diem, for every day necessarily employed in preparing ^uch report, provided it does not exceed five days. 20. And be it further enacted, £yC That it shall and may be lawful to and for the Board of Education in each and every district, to allow to the Clerks of their respective Boards, in addition to the sum they are now by law authorised to receive, the fun:.;. iu:7i of five pounds annually. Education. 21. And be it further enacted, &c. That the said sum of twelve thousand pounds annually, shall be paid by the Re- ceiver-General of this Province, in discharge of such warrant as may for \hai purpose be issued by the Governor, Lieuten- ant-Governor, or person administering the Government of this Province for the "'ma being, and shall be accounted for to His Majesty, his Heirs and Successors, through t he Lords Commissioners of His Majesty's Treasury for the time being, in such manner and form as His Majesty, his Heirs and Suc- cessors, shrill be graciously pleased to direct. 22. And be it further enacted, &c. That this Act shall not go into operation until the first day of January, which will be in the year of our Lord one thousand eight hundred and tuuiy-six. Passed Commons of Assembly of March, li House \ 31st day } (SignedJ M. S. BIDWELL, i Speaker. On the question for passing the bill the yeas and pays were taken as follows i YEAS, AUvay, Brown,. Bruce, Chisholro, Cook, Corny/aw, Puncombe, of Oxford, Buncombe, of Norfolk, Durand. Gibson, Gilchrist, Gowan, Hopkins, Jones, Lount, McCrae,. IJ.cDonelIj.of Glengarry, McDonell, of Stormont, Mack ay, Mackenzie, I U ■nit, Moore, Perry, Richardson, Rymal, Shaver, Shiolay, Small, Thorburn, Waters, Well:, Wilson, Woolverton— SS* NAYS. Rykert— S. Attorney General, Mac nab, Truly extracted from the Journals of the Assembly of the 31st dav of March, 1835. (Signed) JAMES FITZG1BBON, Clerk of Asstmbly, KS J s L eel'3 Election. An Act to promote ths freedom of infection in the Count] Leeds. THEREAS, to promote the freedom of Election in the County of Leeds, and obtain a fair expression of the sentiments of electors in the choice of members to represent the seid county in Parliament, it is deemed expedient to alter and amend the election laws of this province, so far as the same relate to the said county. Be it therefore enacted by the King's Most Excellent Majesty, by and with the consent of the Legislative Council and Assembly of the Province of Upper Canada, tScc. Unit the several laws of this province re- lating to the election of members of Assembly, and the mode ef conducting elections shall be, and the same are hereby re- pealed in i elation to the said county of Leeds, so far as the provisions thereof vary from this act. 2. And be it farther enacted by the authority aforesaid, That hereafter the election of members to represent toe said County of Leeds in Parliament shall be held at four place? within the said county, and fur that purpose the said county shall be and is hereby divided into Four Sections, And that Section No. One, shall be composed of the Townships of Elizabethtown and Yonge, and the place at which the elec- tion shall be held within such Section shall be at Col man's Corners in Elizabethtown. Section No. Two, of the town- ships of Leeds and Lansdowne, and the place at which the election shall be held within such Section shall be the Village of Gananoque. Section No. Three, of the townships of Kit- ley, Burgess, and Elmsley, and the place at which the election shall beheld within such Sectien shall be the Village of Smith's Falls. And Section No. Four, of the townships of Bastard, North Crosby, and South Crosby, and the place at which the election shlall be held within such Section shall be the vil- lage of Beverley. 3. And be it farther enacted by the authority aforesaid, That besides the Returning Officer now required to be ap- pointed by law, it shall be the duty of the Governor, Lieu- tenant G venor, or person administering the Government of this Province for the time being, to appoint in like manner a Deputy Returning Officer to each of the three of the said Sections, whose duty it shall be to hold the election in the Section to which he shall be appointed, in the same manner, and subject to tne same responsibilities and penalties as Re- turning Officers for counties are now liable by the laws of this Province, and to retur.n to the Returning Officer appointed hr the said County of Leed5 the Poll Book for such Section, accompanied with an affidavit of such Deputy Returning Lei;.I;5 ELECTiOff. T ■■ r and his Poll Clerk, sworn before some Justice of thq Peace of the District of Johnstown, that the same contains a true and correct record of ihe votes taken at such section elections according to the provisions of this act. 4. And be it further enacted by the authority aforesaid, That the Returning Officer for the said County of Leeds shall take the votes in such one of ihe said Sections as he shall be directed to preside at in his appointment as Returning Officer for the said county, in the same manner, and under the same responsibilities and penalties as other Returning Officers presiding at Elections in this Province, and upon the receipt of the Poll Books from the Deputy Returning Offi- cers of the other three sections of the said county which are respectively required to return to him as aforesaid, within two days after the close of each section election, under the penally of two hundred pounds; it shall be the duty of the said Rerurning-^Officer, and lie is hereby required to at- tend at ihe place where lie received votes in the section for which he was appointed to preside, at eleven o'clock in the forenoon on the tenth day after the commencement of such section election (unless such day fails on Sunday, then on the Monday following :) and in the presence of such of the can- didates, their Counsel or agents, and such persons as may be then and there assembled, shall exhibit the said poll-books, nod return as duly elected the iwo candidates who have, on the poll-books of the four sections, the highest number of le- gal votes, taken according to the provisions of this act, in the same manner as if the election for the said county had been wholly held by the said Returning-Officer in person. 5. And be it further enacted by ike authority aforesaid. That the election in each of the said sections shall begin on the same day, and the time of keeping open the Polls for re- ceiving votes shall be the same as is now required by the laws of this province at other elections of members of As- sembly, except that on the sixth day, if the election shall continue so long, in any section the poll shall be closed at three o'clock in the afternoon. ^ G. And be it further enacted by the authority aforesaid,. That the choice of representatives for the said county shall be ascertained by actual polling of votes in the manner pre- scribed by this act in ihe respective sections aforesaid and not otherwise. 7. And be it further enacted by ihe authority aforesaid. That before proceeding to the discharge of bis duty the Re- turning Officer i'ov the said county shall take the same oa;h required by law to be tnken by other Returning Oncers at elections of msmbers of Assembly in this province, and that u J Leeds Election. rvery Dcpdty Returning Officer shall take and subscribe the following oath : •* I, A. B. do solemnly swear that I have not directly or iudi- rec ly received any sum or sums of money, offer, place or employment, gratuity or reward, or any bond, bill, or note, or any promise Or gratuity whatsoever, either by myself or any other person, to my use or benefit or advantage for mn!'.Jn» any false or incorrect statement or return in the Poll Book., required by law to be by me trai : " ! to the Returning officer forlhecounty of Lee . an that 1 will conduct myself impartially and without favour or affection to any party con- c ,iied in t e pftesent election for the County of Leeds,** which several oatns may be administered by any Justice of he Peace of the district nf Johnstown. 8. And be it further enacted oy the authority aforesaid^ That the electors residing in each of iiie said sections shall I'ote _ the v iectioe. held in the section wherein they pre so "dent, or In case the voter shall not be a resident of the lownty, but is otherwise legally qualified to vote, he shall in the section in which the propert}' on which he votes is ted. Provided nevertheless, that nothing herein con- ined shall preventer be construed to prevent any elector ' titled to vote in the said county from voting in anv of the ;id sections if he makes oath (or affirmation if a Quaker) the Returning Officer or Deputy Returning Officer 'residing, that he apprehends personal injur} 7 or insult if he ittempts to vote in the section in which he is so reside nt, or his >roperty is so situated as aforesaid, or that it is inconvenient ">.- him to vote thereat, (as the case may be). And provided liso, that besides the oaths that may now by law be adminis- tered to electors, every elector before tie shall be admitted to :; shall, if required by the Returning Officer or Deputy Returning Officer, at any section election at which the vote ia offered, or any candidate thereat, his counsel or agent, or nv freeholder of the said county, take the following oath the said Returning Officer or Deputy Returning Offi- cer, who is hereby authorised and required to administer the same : A. B. do solemnly ?woar that you bare rot before vot- ed at the present election for the County of L?eds irv any. ether section than the one at which you now come forward > vote ; !'iat you reside in (state the place), and that the roperty oo which you now propose to vote is situate in ?CT j Jn v (?tnting the number of the section)." V- And be ii further enacted by the authority aforesaid, the said Returning Officer and Deputy Returning Offi- i"jr the said county, from the time they are respectively Leeds Election. v appointed such Returning: Officer and Deputy Returning Offi- cers until the election shall finally be declared by rbe Rcrurn- ing Officer as aforesaid, shall be and are hereby declared to be conservators of the peace, and severally vested with the same powers for tho preservation of the peace and apprehen* sion and committal for trial, or holding; to bail of violators of the law as are vested in Justices of the Peace in this Pro- vince, and that' the said Returning Officer and Deputy Re- turning Offi ers may., and each of them ; s hereby required to appoint and swear in such and so many special. _ ; ^tables as he may de^ftl necessary i'oy tho preservation of pea** «nd or- der at and rhirifhg th<> feclion election for which the said Re- turning Ofiicer or Deputy Returning Officer may be appoint- ed, and for such it'ae thereafter as ma}' be deemed expedient and necessary. 10. And be it further enacted by the authority -a 'fore srirl, That every person who shall refuse to be sworn in as a spe- cial constable or who shall neglect his duty as such, without a r??al excuse, and every person who mny by threats, force or violence attempt to destroy the freedom of any of the said section elections, or hinder any elector from coming forward to vote thereat, or create any unnecessary noise, interruption, riot, tumult, disturbance or disorder tliereat, or threaten or use violence to any elector who may have voted, on account of any vote given thereat, shall be deemed guilty of a high misdemeanor. 1 1. And be it farther enacted by the authority aforesaid, That every Justice of the P.ace in the District of Johns- town, who upon beine; required by the Returning Officer or Deputy Returning Officer, or any candidate at any such, sec- tion election, or an)' three householders of the said county of Leeds shall unreasonably refuse cr neglect to use his exertions for the preservation of the peace at such section elections, or shall encourage or willingly permit any violence or disorder thereat, shall be deemed guilty of a high misdemeanor, and upon conviction thereof shall, besides the punishment inflict- ed by the court before which conviction is had, forfeit his office pnd be forever after incapable of being appointed a Justice of the Peace, in ibis Province. 12. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any candidate at any election for the county of Leeds to duly appoint under his hand any number of persons not exceeding three to attend in his stead at any of the sections, who shall be empowered and authorised to perform, so far as to question cr scrutinii votes; that might or ceuld oe done by such candidate, if per- eoaaHy present. "vr Leeds Election 13. And be it fur' her enacted by the authority a foresaid, That if any person or persons shall he gudty of false swear- ng, in any oiith required by this act, lie shall, on conviction thereof) suffer the like pains and penahii g h 3ny other person convicted of wilful and corrupt peTJury is liable by the laws and statutes of this Province. 14. And he it further enacted by the authority aforesaid, That tha voles taken by virtue of the provisions of this act, shall be by ballot, and it shall and may be lawful for the Bettmng CiVicer and .Deputy Returning, Officers appointed to hold Sections, a; to the provisions of this act ; to appoint each a Poll Clerk who shaii fca|t scribe the oath aapended to this act. 15. And be it further evaded by the authority aforesaid, That it shall be the duly of the said Poll Clerk, under the direction of the Returning Officer or Deputy Returning Offi- cer to take down and record the names of the voters, their place of residence, and the description of freehold upon which they vote, in a poll book, prepared as near as circum- stances will admit, agreeable to the form now prescribed by law. 16. And be it further enacted by the authority aforesaid, That each Returning Officer or Deputy Returning Officer shall provide a box of commodious size, with a double lid or cover, in the lower of which lids there shall be a hole of not more than sufficient size conveniently to admit the slips of pa- per containing the votes of the electors, so that such slips may readily pass to the bottom of the box, between which lids there shall be a sufficient space to contain the Poll Book as hereinafter mentioned, both of which lids shall be provi- ded with a separate lock and key. 17*. And be it farther enacted by the authority aforesaid, That even' person duly qualified to vote at any of the said section elections, and desirous to do so shall openly deliver ' his ticket to the Returning Officer or Deputy Returning Offi- cer in present of the sworn Clerk, and such of the candi- dates, their clerks, agents and counsel, and other persons as may be present ; upon which ticket shall be written or print- ed the name or names of the candidate or candidates for whom the elector desires to vote, and the said ticket shall be so folded up as to conceal the contents thereof, and upon the receipt thereof the Returning Officer shall cause the name of the voter to be entered by the Clerk in his Poll Book, and shall in presence of the voter, clerk, and candidates or their agents or counsel, or such of them as may be present, put or cause to be put, the ticket uninspected into the box, throng!) ifeg hole provided therein for the purpose as aforesaid, Pro- Lef,i>s Elfctio:;. * x vided always, that neither the Returning Officer fa Deputy Reluming Officers shall pJace the ticket of any voter in the box uuui the same caavass, questions, or sciutiyy, shall hayo been had by either of the candidates present, nr their agents; or any one of the electors present, aad thi same oaths of qualification administered, if required, us though the mode of voting was not by ballot. L8. And he it further enacted by the authority aforesaid \ That at every adjournment of the p A\ the Poll Cook shall be put between the lids of the said box ead Locked therein, both of the keys of which, shall bi kept by the Returning Officer or Deputy Returning Officer presiding. Provided al- ways, that any candidate or person acting in his behalf, shall be pel mil ted by the Returning Officer or. Deputy Returning Office?, on request, so to affix his seal to the said box, so as to be enabled to detect any clandestine opening thereof. 19, And be it further ana tied by the auihe rity aforesaid, That after the final closing of the Poll at any section elec- tion, the Returning Officer or Deputy Returiviag Officer pre- siding thereat, shall forthwith proceed in the presence of the clerk, candidates, or their agents or counsel, or such of them as may be present, and such others as may choose to attend, to open the said box and cause the clerk to count the said bal- lots or tickets unopened. If the number exceed the number according to the lists or Poll Book, the n so many as make the excess shall be casually abstracted t nd destroyed unopen- ed — whereupon, the Returning officer or Deputy Returning Officer presiding shall direct the clerk ! j proceedto canvass or estimate the ballots or tickets, and £ n case more than the proper number of tickets shall be I ound, or more than the proper number of names written or printed on any ticket the whole of the contents of such tickt ja shall be destroyed and not estimated. When the canvass [is completed the Return- ing Officer or Deputy Returning ( 'fficer presiding shall cause the clerk to enter the respective r , umbers for each candidate to be written in full words in so- we place set apart for that purpose in the Poll Book ; whirih book shall be returned fey the several Deputy Returning 'Officers to the Returning Of- ficer for the County, who shall therefrom and from the Poll Book kept under his own direction cause the Clerk of the Section over which he presided to make up an aggregate statement of the whole number of votes for each candidate in full words agreeable to the provisions of this Act, which statement shall be signed by the Returning Officer and an- nexed to tha Writ of Election. 20. And be it further, enacted by the- rjuthority aforesaid „ that all of the Poll Boejus kept ns aforesn M be transmitted to Leeds Election* the Clerk of the Crown in Chancery, duly attested to s* now by in-.v required to be done, except tho principal Re- turning O fiifcer is «nly required 4o attest to the Toil Buok taken under trig direction. (Affidavit:) 44 A. T>. of in the District of raaketh crtlh and 5aith that ho Will well \a.\ truly perform his duties as a Poll Clerk at this elec . ' bdi.ot, in ^nd for the County of Leeds, in ail pin m!,>. 5 ".o thu best of his knowledge and abilities, according ; o inis act." [S ;ned) MARSHALL S. RIDWELL, Speaker. JPassed Common* House nf Assembly •, \ 11th day of April, I On passing the Bill, lows : — Al way, Bruce, Chisholm, Cook, Duncoinbe, of Oxford, Duncombe, of Norfolk, Durand, Gibson, Gilchrist, Hopkins, M'Donell, of Stormdflt, M'Intosh, ^1'Mickiiig, Moore, 335. i ihe Yeas and Nays were as fo!- YEAS, Morrison, Parke, Perry, II obi in, Rymal,. Shaver, ShibSey, Smith, Thorbum,. Waters, Wells, Wilson, Woolverton,. Yager— 28. NAYS. Brown, C aid well, M'Crae, M'DoceU, of GLeng- M'Lean, JVlacNab, Mallodb. Morrht, Richardson, Robinson, Rykert, Si range, Taylor, Walsh, Wilkinson — 15. Truly extracted from the Journals of tho As- sembly, of the 11th dav of April, §835. (Signed) JAMES FITZGIBBO^:, Clerk of Assembly. ^K^ki M If W: : W 1 * v ifcffi if * ▼ fli IWB fflss: krh fm?i ^yyf uWI IOTN '4 M'i fe^- ,#. i-i Vf «fi*-v 1 LIBRARY OF CONGRESS an** m 3foWWF w ^ >• $$$^tf& H *tfWfi